HomeMy WebLinkAboutItem 14 - Minters Chapel Monopole Lease Agreement MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
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.
BACKGROUND:
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.
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
MINTERS CHAPEL MONOPOLE AND PROVIDING AN
EFFECTIVE DATE
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, 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 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.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
RES. NO. 2
REVISIONS DATE
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