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HomeMy WebLinkAboutItem 14 - Minters Chapel Monopole Lease AgreementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 SUBJECT: FIRST AMENDMENT TO GROUND AND TOWER LEASE AGREEMENT WITH AT&T FOR MINTERS CHAPEL MONO- POLE RECOMMENDATION: City Council consider adopting a resolution authorizing the First 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 Minters Chapel Mono -pole, 1900 Minters Chapel Road, 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 $55,000 from NEW CINGULAR WIRELESS PCS, LLC. The initial lease was entered into on March 20, 2001 for a period of 25 years with an initial annual payment of $18,000. The current annual lease amount is $23,805. Under the amended lease, the City of Grapevine will receive an annual lease payment of $55,000, from New Cingular Wireless. Funds from this lease will be allocated to the Public Art Fund. The main points of the amendment include: • the installation of additional antennas and radios, • 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 to year 2034. The City Attorney and Staff have reviewed the terms of the agreement and recommend approval. R:\AGENDA\2014\1 1-1 8-14\at&t DX6168 Ground Lease 1st Amendment Agenda Memo Minters Chapel.doc RESOLUTION NO. WHEREAS, on March 20, 2001, the City of Grapevine (hereinafter referred to as "Landlord") entered into a Tower/Ground Lease Agreement with Southwestern Bell Wireless, LLC dba New Cingular Wireless, acting in its capacity as general partner of the Dallas SMSA Limited Partnership, and being a corporation organized and existing under the laws of the State of Delaware, for Communications Equipment on the Minters Chapel Monopole; 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, 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, •RE, BE IT RESOLVED BY THE CITY COUNCILOF *F GRAPEVINE, 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 First Amendment to the Tower/Lease Agreement for the Minters Chapel Monopole, located at 1900 Minters Chapel Road, 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 18th day of November, 2014. ATTEST: RES. NO. 2