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HomeMy WebLinkAboutItem 07 - Clear Wireless ATM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER , MEETING DATE: JULY 21, 2009 SUBJECT: TOWER SS FOR BARTON STREETS WATER WITH OWER CLEAR WIRELESS AND DOVE ROAD WATER TOWER RECOMMENDATION: City Council consider adopting a resolution authorizing Tower/Ground Lease Agreements with CLEAR WIRELESS EBarton Street Water Tower and the Dove Road installation communications equipment at the Water Tower, authorize the City Manager to enter into the agreements, and take any necessary action. FUNDING SOURCE: The City of Grapevine will receive an annual lease payment of $20,000 from CLEAR WIRELESS for the three dishes on the Barton Street Tower and $20,000 for the Dove Road Tower. The lease agreement represents a 25-year term which includes provisions for payment increases through the installation of additional equipment. BACKGROUND: CLEAR WIRELESS will be the third provider located on the Barton Street Tower and the fourth provider located on the Dove Road Tower. The installation of the proposed ground equipment and antennae are expected to add better service coverage to their customers in this area of Grapevine. The main points of the lease include an initial five-year term with 4 automatic five-year renewals and rent increases at each five year interval of 15% or the percentage increase in the CPI over the past five years, which ever is greater. The City Attorney and Staff have reviewed the terms of the agreement and recommend approval. July 15,2009(4:14PM) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING TOWER/GROUND LEASE AGREEMENTS WITH CLEAR WIRELESS, L.L.C., FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 21, 2009 the City of Grapevine (hereinafter referred to as "Landlord") is in agreement to enter into Tower/Ground Lease Agreements with Clear Wireless, L.L.C., a Nevada limited liability company authorized to do business in Texas, (hereinafter referred to as "Tenant"); and WHEREAS, the Landlord and the Tenant desire to enter into a Tower/Ground Lease Agreement for the installation of communications equipment on the Barton Street Water Tower and for the installation of an equipment shelter in accordance with specified compensation terms; and WHEREAS, the Landlord and the Tenant desire to enter into a Tower/Ground Lease Agreement for the installation of communications equipment on the Dove Road Water Tower and for the installation of an equipment shelter in accordance with specified compensation terms; and WHEREAS, the Tower/Ground Lease Agreement for the Barton Street Water Tower is attached as Exhibit "A"; and WHEREAS, the Tower/Ground Lease Agreement for the Dove Road Water Tower is attached as Exhibit "B". 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 Tower/Ground Lease Agreements as attached. Section 3. 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 July, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: RES. NO. 2