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HomeMy WebLinkAboutItem 11 - Cingular Wireless PCSITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER 5 - MEETING DATE: APRIL 19, 2011 SUBJECT: FIRST AMENDMENT TO TOWER & GROUND LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR DOVE WATER TOWER RECOMMENDATION: City Council consider adopting a resolution authorizing the First Amendment to Tower/Ground Lease Agreement with NEW CINGULAR WIRELESS PCS, LLC for the co- location of antennae and installation of communications equipment at the Dove Water Tower, 1702 Sagebrush Trail, authorize the City /manager to sign said amendment, and take any necessary action. FUNDING SOURCE: The City of Grapevine will receive an annual lease payment of $30,000 from NEW CINGULAR WIRELESS PCS, LLC for the three proposed dishes on the Dove Water Tower. BACKGROUND: The City of Grapevine and Dallas SMSA Limited Partnership, a Delaware Limited Partnership entered into a Tower/Ground Lease Agreement on January 4, 1994 as the first provider located on the Dove Water Tower. NEW CINGULAR WIRELESS PCS, LLC is the successor to Dallas SMSA Limited Partnership. The installation of the proposed antenna is expected to add service coverage to their customers in this area of Grapevine. The main points of the amendment include: • the installation of additional antennas; • adjusting the annual rental rate; • 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 for another 20 years with a stipulated 15% increase in 5 year increments; and • modify the notice section. 0:lagenda12011104- 19- 111AT &T -NEW CINGULAR WIRELESS 1" Amendment April 14, 2011 (11:OOAM) The City Attorney and staff have reviewed the terms of the agreement and recommend approval. O: lagenda12011\04- 19- 111AT&T -NEW CINGULAR WIRELESS 1" Amendment April 14, 2011 (19:OOAM) )03�, RESOLUTION NO. 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 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, a Delaware Limited Partnership for Communications Equipment on the Dove Water Tower; and 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, successor to Dallas SMSA Limited Partnership, a Delaware Limited Partnership; and WHEREAS, Amendment # 1 to the Tower/Ground Lease Agreement for the Dove Water Tower is attached as Exhibit "A ". 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 Manager is hereby authorized to enter into said Amendment # 1 to the Tower/Ground Lease Agreement as attached. Section 3. 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 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 19th day of April, 2011. APPROVED: ATTEST. APPROVED AS TO FORM: RES. NO.