Loading...
HomeMy WebLinkAboutItem 06 - Ground and Tower Lease Agreement with T-Mobile West, LLCMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 'V I •• MANAGERVI MEETING DATE: MARCH 1, 2016 SUBJECT: FIRST AMENDMENT AGREEMENT WITH WATER TOWER. RECOMMENDATION: TO GROUND AND TOWER LEASE T -MOBILE WEST, LLC FOR DOVE City Council consider adopting a resolution authorizing the First Amendment to the Ground and Tower Lease Agreement with T -Mobile West, 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 execute said amendment, and take any necessary action. BACKGROUND: The initial lease was entered into on October 3, 2000 for a period of 25 years with an initial annual payment of $18,000. The item was tabled at the November 17, 2015 meeting to allow staff to work with the company to establish a deadline to remove temporary poles and relocate the antennae to the water tower after maintenance is performed on towers. The main points of the amendment include: • Update "Section 7 Equipment Availability", establishing a 30 day time period for cell provider to relocate from temporary poles to the water tower (failure to relocate includes termination of the lease); • Establishes the base annual rate of $28,000 for FY 16 with an annual 3% increase over the life of the lease; • Authorizes the installation of additional equipment, according to T -Mobile's L700MHZ System Deployment Program; • Increases the annual rental rate, each year, equal to 103% of previous year rent (commencing on the first day of the month following the City's approval); and • Permits Lessee to add, modify and/or replace equipment in order to comply with federal, state or local mandated applications. The City Attorney and Staff have reviewed the terms of the agreement and recommend approval. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE FIRST AMENDMENT TO THE GROUND AND TOWER LEASE AGREEMENT WITH T -MOBILE WEST, 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 October 3, 2000, the City of Grapevine (hereinafter referred to as "Landlord") entered into a Ground and Tower Lease Agreement with Cook Inlet/VoiceStream Operating Company, LLC ("Lessee") for the Dove Water Tower; and WHEREAS, the City of Grapevine is in agreement to enter into the First Amendment to said Ground and Tower Lease Agreement with T -Mobile West, LLC, Successor in interest to Cook Inlet/ VoiceStream Operating Company, LLC; and WHEREAS, all constitutional and statutory prerequisites for the approval of this resolution have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this resolution to be 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 hereinabove are found to be true and correct and are incorporated herein by reference 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 Ground and Tower Lease Agreement for the Dove Water Tower, located at 1702 Sagebrush Trail, with T -Mobile West, LLC. 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 1 st day of March 2016. usage -M on ATTEST: I-Maill