FULL PACKET_2009-03-02 - Laserfiche WebLink

Home Browse Search

(b) Pursuant to the Wireless Master Plan process, Consultant shall identify priority City Properties providing the greatest potential demand/revenue opportunity for New Leases (the "Priority Sites"). During the duration of this Agreement, Consultant shall have the exclusive right and authority to (1) contact wireless providers and market the City Properties as potential sites for New Leases (defined below); (2) accept submissions for proposals for New Leases and negotiate with wireless providers with respect to the terms and conditions of such New Leases; and (3) represent itself as the City's exclusive consultant with respect to such New Leases and the services being provided hereunder. The Consultant shall have no authority to bind the City and all proposals for New Leases shall be subject to City approval. The City agrees that it will forward all requests or inquiries regarding potential New Leases to the Consultant, for the Consultant to negotiate and coordinate before the proposal is formally submitted to the City. The City will use its best efforts to expedite the review of proposed New Leases that conform to the Form Lease Agreements and provide any comments within 30 days of such submission. The City further agrees to use reasonable efforts to expedite and facilitate the approval and execution of New Leases for the Priority Sites. Said grant of rights is specifically subject to City's reservation to itself of the absolute discretion to approve /disapprove, for any reason, any location and/or provision of any lease agreement recommended by Consultant. (c) Consultant shall inform City regarding new Wireless Services as they are developed by the industry and, at the request of the City Manager or his designated representative, assist the City in implementing a Wireless Services siting ordinance to regulate Wireless Services located in City right-of--way. Such assistance shall include providing information regarding space, height and frequency requirements of current and developing technologies, the ability of the technologies to be stealthed and/or undergrounded, and legal restrictions imposed on municipalities. 2. COMPENSATION City shall pay to Consultant, and Consultant shall accept from City, compensation for services under this agreement as follows: (a) Twenty Percent (20%) of the revenue from each New Lease (defined below) over the life of the New Lease, including any renewals or extensions (all such New Lease revenue payable to Consultant, including fees set forth in Section S(c) below, is referred to collectively herein as the "Consultant Lease Fees"). Consultant shalt only be entitled to the Consultant Lease Fees to the extent actually paid by a Wireless Provider; if a Wireless Provider fails to pay the amounts due under the New Lease, City shall have no obligation to compensate Consultant, unless and until such amounts are recovered by the City. For purposes of this Agreement, "New Lease" means any lease approved by the City Council during the term of this Agreement (or where lease negotiations or the initial 2 5A-4