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Home My WebLink About15- First Agreement to License Agreement for the Use of City Property Cell Site No.: MTL02813 Cell Site Name: BOZEMAN WT Fixed Asset No.: 10139650 Market: CO/UT/WY/MT/S.ID Address: 1630 Kenyon Drive FIRST AMENDMENT TO LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY THIS FIRST AMENDMENT TO LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY ("First Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), is by and between the City of Bozeman, a Montana municipal corporation, having a mailing address of P.O. Box 1230, Bozeman, MT 59771-1230 (hereinafter referred to as "City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to Alltel Communications, LLC, a Delaware limited liability corporation, having a mailing address of 575 Morosgo Drive NE, Atlanta, GA 30324 (hereinafter referred to as "Licensee"). WHEREAS, City and Licensee's predecessor in interest, Alltel Communications, LLC, entered into a License Agreement for the Use of City Property dated November 11, 2008, (hereinafter, the "Agreement"), whereby City permitted the Licensee use of a portion of the City property("Site") located at 1630 Kenyon Drive,Bozeman,MT; and WHEREAS, New Cingular Wireless PCS, LLC has succeeded to the interest of AilteI Communications, LLC under the Agreement, all in accordance with the permitted rights under Paragraph 3 of the Agreement; WHEREAS,the term of the Agreement will expire on July 31, 2018; and WHEREAS, the parties mutually desire to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows: 1. Extension of Term. The term of the Agreement shall be extended to provide that the Agreement has a new initial term of five(5) years ("New Initial Term") commencing on August 1, 2018 ("New Term Commencement Date"). As of the New Term Commencement Date, the term provided in the Agreement and any extensions thereof, as applicable, shall be void and of no further force and consequence. The Agreement will automatically renew, commencing on the expiration of the New Initial Term, for up to two (2) separate consecutive additional periods of five (5) years each (each such five (5) year additional period is hereinafter referred to as an "Additional Extension Term"), upon the same terms and conditions of the Agreement, as amended herein, without further action by Licensee unless Licensee notifies City in writing of Licensee's intention not to renew the Agreement at least sixty(60) days prior to the expiration of the New Initial Term or then current Additional Extension Term. The New Initial Term and the Additional Extension Term are collectively referred to as the Term ("Term"). 1 Cell Site No.: MTL02813 Cell Site Name: BOZEMAN WT Fixed Asset No.: 10139650 Market: CO/UT/WY/MT/S.ID Address: 1630 Kenyon Drive 2. Rent. Commencing on August 1, 2018, the current Rent payable under the Agreement shall be Thirty-Six Thousand Fifteen and 95/100 Dollars($36,015.95) annually and shall continue during the Term, subject to adjustment as provided herein. Section 1 of the Agreement shall be amended to provide that Rent shall be adjusted as follows: in year two (2) of the New Initial Term and each year thereafter, including throughout any Additional Extension Term exercised, the annual Rent will increase by three percent(3%) over the Rent paid during the previous year. 3. Emergency 911 Service. In the future, without the payment of additional Rent, or any other consideration, and at a location mutually acceptable to City and Licensee, City agrees that Licensee may add,modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application concerning emergency 911 communication services. 4. Notices. All notices, requests, demands and communications under the Agreement will be addressed to the parties as follows: If to Licensee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site#MTL02813 Cell Site Name BOZEMAN WT(MT); Fixed Asset No.: 10139650 575 Morosgo Drive NE Atlanta, GA 30324 And as to City: The City of Bozeman Public Works Depattment P.O. Box 1230 Bozeman,MT 59771-1230 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein." 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this First Amendment,the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment,the Agreement otherwise is unmodified and remains in full force and effect and is fully incorporated herein. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. [NO MORE TEXT ON THIS PAGE- SIGNATURES TO FOLLOW ON NEXT PAGE] 2 Cell Site No.: MTL02813 Cell Site Name: BOZEMAN WT Fixed Asset No.: 10139650 Market: CO/UT/WY/MT/S.ID Address: 1630 Kenyon Drive IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this First Amendment on the dates set forth below. CITY: LICENSEE: The City of Bozeman, New Cingular Wireless PCS,LLC, a Montana municipal corporation a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager 1 cirkBy: 3t By: '� PM . Chris Kukulski, City Manager Print Name: Becky John-Haney Date: 12 "' i SI— iT- Title: Area Manager Date: AW/20/5 g [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] i 1 I 1 1e F 1 1 1 F 1 I 3 Cell Site No.: MTL02813 Cell Site Name: BOZEMAN WT Fixed Asset No.: 10139650 Market: CO/UT/WY/MT/S.ID Address: 1630 Kenyon Drive CITY ACKNOWLEDGMENT STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of r ' Aticl , 2")11 ,before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI, known to me to be the City Manager for the City of Bozeman and the person whose names is subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (S ) Antruip- „ , Notary Public for e State of Montana o"H” ",, HEATHER B NVENUE Notary NoTARtl c. for the State of Montana (Printed Name) SEAL * Residing at: A' e Bozeman, Montana Residing at Bozeman, Montana , ,,FS of pA,.? My Commission Expires: My Commission Expires: / /20 January 26, 2018 4 ii Cell Site No.: MTL02813 Cell Site Name: BOZEMAN WT Fixed Asset No.: 10139650 Market: CO/UT/WY/MT/S.ID Address: 1630 Kenyon Drive LICENSEE ACKNOWLEDGMENT STATE OFc' - ea ) ) SS. COUNTY OF I certify that I know or have satisfactory evidence that Becky John-Haney is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Area Manager of AT&T Mobility Corporation,the Manager of New Cingular Wireless PCS, LLC, a j Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: it). ( ,.. Notary Seal NoTAPyfU i �, _'Fer. ° � A(SiL1_ '��-, I`UT'Z fY i ; E2 t , �,,� :� 1 LX=.€ ! Legibly Print o ' . 1 1 ame of Notary) Notary Public in and for the State of C—O My appointment expires: Fr- 3/ - LL. i3 5 II�