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TELECOM PARTNERS DBA ATS COMMUNICATIONS - 2006
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TELECOM PARTNERS DBA ATS COMMUNICATIONS - 2006
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Last modified
1/3/2012 1:58:06 PM
Creation date
1/23/2006 10:22:36 AM
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Contracts
Company Name
Telecom Partners Group dba ATS Communications
Contract #
A-2006-006
Agency
Parks, Recreation, & Community Services
Council Approval Date
1/3/2006
Expiration Date
12/31/2009
Insurance Exp Date
9/15/2006
Destruction Year
2013
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<br />(b) Pursuant to the Wireless Master Plan process, Consultant shall develop <br />procedures to streamline the process for wireless providers to submit lease proposals for City <br />Properties, including (i) development of form lease agreements ("Form Lease Agreements") for <br />wireless providers and submission materials, and (ii) identification of priority City Properties <br />where Consultant believes there is the most potential demand/revenue opportunity for New <br />Leases (the "Priority Sites"). During the duration of this Agreement, Consultant shall have the <br />exclusive right and authority to (x) contact wireless providers and market the City Properties as <br />potential sites for New Leases (defined below), (y) accept submissions of proposals for New <br />Leases and negotiate with wireless providers with respect to the terms and conditions of such <br />New Leases and (z) represent itself as the City's exclusive consultant with respect to such New <br />Leases and the services being provided hereunder. The Consultant shall have no authority to <br />bind the City and all proposals for New Leases shall be subject to City approval. The City agrees <br />that it will forward all requests or inquiries regarding potential New Leases to the Consultant, for <br />the Consultant to negotiate and coordinate before the proposal is formally submitted to the City. <br />The City further agrees that it shall use its best efforts to expedite the review of proposed New <br />Leases that conform to the Form Lease Agreements and provide any comments within 30 days of <br />such submission. The City further agrees to use reasonable efforts to expedite and facilitate the <br />approval and execution of New Leases for the Priority Sites. <br /> <br />2. COMPENSATION <br /> <br />City shall pay to Consultant, and Consultant shall accept from City, compensation for <br />services under this agreement as follows: <br /> <br />(a) Twenty Percent (20%) of the revenue from each New Lease (detined below) over <br />the life of the New Lease, including any renewals or extensions (all such New Lease revenue <br />payable to Consultant, including fees set forth in Section 5( c) below, is referred to collectively <br />herein as the "Consultant Lease Fees"). Consultant shall only be entitled to the Consultant Lease <br />Fces to the extent actually paid by a Wireless Provider; if a Wireless Provider fails to pay the <br />amounts due under the New Lease, City shall have no obligation to compensate Consultant, <br />unless and until such amounts are recovered by the City. For purposes of this Agreement, <br />"New Lease" means any lease approved by the City Council during the term of this Agreement <br />(or where lease negotiations or the initial process for a lease has begun during the term of this <br />Agreement and such lease is executed after the expiration or termination of this Agreement) for <br />any portion of a City Property between the City and a third party relating to the construction, <br />lease or maintenance of wireless transmission towers or the provision or transmission of any <br />Wireless Services (and shall include any and all amendments, modifications or extensions of <br />such leases). New Leases shall contain a provision requiring notice to Consultant of any change <br />or moditication in the terms of such New Leases. Consultant shall not be entitled to any revenues <br />from any lease approved by the City Council prior to the Effective Date (an "Existing Lease"), <br />except as set forth in Section 2(b) below. <br /> <br />(b) If any Existing Lease is amended or modified after the Effective Date, where such <br />modification results in the co-location of additional equipment or the inclusion of additional <br />wireless providers at any existing site, Consultant shall receive twenty percent (20%) of the <br />incremental lease revenue over the life of the lease attributable to such modification. <br /> <br />2 <br />
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