HomeMy WebLinkAbout100620-06.6 REVISION TO AGREEMENT
Marie Sunseri
From:Rob Ewing
Sent:Tuesday, October 6, 2020 9:48 AM
To:Karen Stepper; Lisa Blackwell; Renee Morgan; Newell Arnerich; Robert Storer
Cc:Marie Sunseri; Joe Calabrigo
Subject:Edits to Master License Agreement on Tonight's Agenda
Item 6.6 on the consent calendar tonight would approve an amended Master Pole License Agreement for small cell
wireless installations on Town poles. I would like to propose two minor edits to the agreement, both memorializing that
future changes must conform to federal and state law. The two edits would be as follows (new language in bold italics):
5.2. Fee Adjustments by Town
After the first two years of the Term, the Town may propose an adjustment to the License Fee (other than the automatic
annual increase provided for in Section 5.1 above). In order to do so, the Town shall prepare a cost study to establish
that the proposed new amount of the License Fee is a reasonable approximation of its objectively reasonable, actual
costs in providing such access to the public right-of-way and Vertical Infrastructure. The Town shall provide the cost
study to Licensee at least ninety (90) days prior to the study being presented to the Town Council for
consideration. During that ninety (90) day period, Licensee may provide input to the Town and may request a meeting
to discuss the cost study. Any increase in the License Fee approved by the Town Council shall comply with applicable
state and federal law, shall become effective sixty (60) days after approval by the Town Council, shall be applied
prospectively only and shall be applied to similarly situated carriers on a non-discriminatory basis. The revised fee shall
be reflected in a new Schedule 1 to be substituted to this License.
28.4 Change of Law
Either Party may, upon thirty (30) days written notice, notify the other Party of the need to renegotiate any provisions of
this Agreement which are materially affected by any change in applicable state or federal law resulting from new
legislation, regulation or judicial action. In the event that the Parties are unable to agree upon amended provisions
within ninety (90) days after such notice, then either Party may seek relief from an agency or court of competent
jurisdiction.
Unless any of you or the public want to pull this from consent, you can leave the item on consent and simply note in the
motion that Item 6.6 includes the two minor edits to the agreement. Thanks and let me know if you have any questions.
Rob
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