HomeMy WebLinkAboutItem 14 - Ground and Tower Lease AgreementMEMO TO: • •' B • i' AND MEMBERS OF COUNCIL
FROM.- BRUNO RUMBELOW,
SUBJECT: FIRST AMENDMENT TO GROUND AND TOWER LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC
FOR BARTON WATER TOWER
RECOMMENDATION:
City Council consider adopting a resolution approving the First Amendment to the
Tower/Ground Lease Agreement with New Cingular Wireless PCS, LLC, a wholly owned
subsidiary of AT&T, for the purpose of installing operating, and maintaining
communications facilities on the Barton Water Tower, located at 211 West Texas Street,
authorize the City Manager to sign said amendment, and take any necessary action.
MON39MMEN
The initial lease was entered into on March 7, 1997 for a period of 20 years with an initial
annual payment of $14,400.00. The current annual payment is $21,900.60.
Under the amended lease, the City of Grapevine will receive an annual lease payment of
$54,000 from New Cingular Wireless.
The main points of the amendment include:
• the installation of additional antennas,
• adjusting the annual rental rate (effective immediately),
• permits Lessee to add, modify and/or replace equipment in order to comply with
federal, state or local mandated applications,
• extend the term of the lease another 20 years to 2034
The City Attorney and Staff have reviewed the terms of the agreement and recommend
approval.
0:\AGENDA\2014\09-16-14\AM AT&T Amendment to Ground Tower Lease Barton Tower.doc-- 9/9/2014
70 06A
006A G 96(4a
RESOLUTION NO. L E fi4/z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, APPROVING THE FIRST
AMENDMENT TO THE TOWER/GROUND LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS PCS,
LLC, FOR THE INSTALLATION OF COMMUNICATIONS
EQUIPMENT INCLUDING ANTENNAS, CABLES AND
OTHER COMMUNICATION INSTRUMENTS ON THE
BARTON WATER TOWER AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on March 7, 1997, the City of Grapevine (hereinafter referred to as
"Landlord") entered into a Tower/Ground Lease Agreement with Southwestern Bell
Wireless Inc. ("SBW"), acting in its capacity as general partner of the Dallas SMSA
Limited Partnership, and being a corporation organized and exiting under the laws of
the State of Delaware, for Communications Equipment on the Barton Water Tower; and
WHEREAS, the "Landlord" entered into lease with said Southwestern Bell
Wireless, Inc., acting in its capacity as general partner of the Dallas SMSA Limited
Partnership, and being a corporation organized and existing under the laws of the State
of Delaware, in 1997;
WHEREAS, the City of Grapevine is in agreement to enter into Amendment # 1
to said Tower/Ground Lease Agreement with New Cingular Wireless PCS, LLC, wholly
owned by AT&T since 2006; and
WHEREAS, all legal prerequisites for the adoption of this resolution have been
met, including but not limited to the Local Government Code and the Open Meetings
Act; and
WHEREAS, the City Council hereby declares that the approval of this resolution
is in the best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this resolution are true
and correct and are hereby incorporated into the body of this resolution as if copied in
their entirety.
Section 2. That the City Council of the City of Grapevine, Texas hereby
approves the First Amendment to the Tower/Lease Agreement, for the Barton Water
Tower located at 211 West Texas Street, with New Cingular Wireless PCS, LLC.
Section 3. That the approved amendment to the Tower/Ground Lease
Agreement is attached as Exhibit "A".
Section 4. That this resolution shall take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of September, 2014.
ATTEST:
RES. NO. 2