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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. my • 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 E 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 NOT FOR CONSTRUCTION aim �Y w� >i �z �m o' m� SITE NAME PARK / DOVE SITE NUMBER DX6042 s KD zc e< x 06 24 14 12� SITEPLAN CO1