HomeMy WebLinkAboutItem 27 - Ground and Tower Lease Agreement for Dove Water TowerMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
SUBJECT: SECOND AMENDMENT TO GROUND AND TOWER LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS FOR DOVE
WATER TOWER.
RECOMMENDATION:
City Council consider adopting a resolution authorizing the second amendment to the
Ground and Tower Lease Agreement with New Cingular Wireless PCS, LLC, for the
purpose of installing, operating, and maintaining a communications facility on the Dove
water tower, 1702 Sagebrush Trail, authorize the City Manager to sign said
amendments, and take any necessary action.
FUNDING SOURCE:
The City of Grapevine will receive an annual lease payment of $43,875 from New
Cingular Wireless PCS, LLC.
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The initial lease was entered into on January 4, 1994 for a period of 20 years with an
initial annual payment of $9,600. The current annual lease amount is $36,000.
In June 2011, the first amendment to the Ground & Tower Lease allowing additional
installation of antennas was approved.
Under the second amendment to the lease, the City of Grapevine will receive an annual
lease payment of $43,875, 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, and
• extending 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.
R:\AGENDA\2014\10-21-14\at&t DX6042 Ground Lease 2nd Amendment Agenda Memo Dove.doc
RESOLIJTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, APPROVING THE SECOND
AMENDMENT TO THE TOWER/GROUND LEASE
AGREEMENT WITH NEW LINGULAR WIRELESS PCS,
LLC, FOR THE INSTALLATION OF COMMUNICATIONS
EQUIPMENT INCLUDING ANTENNAS, CABLES AND
OTHER COMMUNICATION INSTRUMENTS ON THE
DOVE WATER TOWER AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, on January 4, 1994, the City of Grapevine (hereinafter referred to as
"Landlord") entered into a Tower/Ground Lease Agreement with Dallas SMSA Limited
Partnership ("Lessee") on the Dove Water Tower; and
WHEREAS, the City of Grapevine entered into Amendment #1, on June 7, 2011,
with New Cingular Wireless PCS, LLC, successor in interest to Dallas SMSA Limited
Partnership; and
WHEREAS, the City of Grapevine is in agreement to enter into Amendment #2 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 Second Amendment to the Tower/Lease Agreement for the Dove Water
Tower, located at 1702 Sagebrush Trail, 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 21st day of October, 2014.
ATTEST:
RES. NO. 2
C�L�RIS
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InC to C i n t t PS
2000 E. Lamar Blvd., Sulfe 550
Arlington. TX 76006
Offl- 817.446.1700
F- 817.460.0677
TX Fl—Reg. # F-13992
PRELIMINARY
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