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HomeMy WebLinkAboutItem 23 - Mustang Water Tower Lease AgreementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER t______ MEETING DATE: NOVEMBER 18, 2014 SUBJECT: THIRD AMENDMENT TO GROUND AND TOWER LEASE AGREEMENT WITH NEW CINGULAR WIRELESS FOR MUSTANG WATER TOWER City Council consider adopting a resolution authorizing the Third 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 Mustang water tower, 3051 Ira E. Woods Ave., authorize the City Manager to sign said amendments, and take any necessary action. FUNDING SOURCE: The City of Grapevine and GCISD will each receive half of the annual lease payment of $55,000 from NEW CINGULAR WIRELESS PCS, LLC. The initial lease was entered into May of 1999 for a period of 25 years. City of Grapevine and GCISD received $7,200 each in annual rent. In November 2008, the first amendment to the Ground & Tower Lease allowing additional installation of antennas was approved. Then in June 2011, the second amendment to the Ground & Tower Lease allowing additional installation of antennas was approved. The current annual lease amount is $36,000, with the City of Grapevine and GCISD each receiving $18,000. Under the third amendment to the lease, the City of Grapevine and GCISD will receive an annual lease payment of $27,500, each receiving half of the total annual rent of $55,000, from New Cingular Wireless. 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 DX6052 Ground Lease 3rd Amendment Agenda Memo Mustang.doc 11/13/2014 8:41 AM S RESOLUTION NO. a 6-11- A rl2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE THIRD 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 MUSTANG WATER TOWER AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May, 1999, the City of Grapevine (hereinafter referred to as "Landlord") entered into a Tower/Ground Lease Agreement with Southwestern Bell Wireless, LLC, acting in its capacity as general partner of the Dallas SMSA Limited Partnership, and being a corporation organized and exiting under the laws of the State of Delaware, for Communications Equipment on the Mustang Water Tower; and WHEREAS, the City of Grapevine entered into Amendment #1, in November 2008, with AT&T Mobility Texas, LLC, successor in interest to Dallas SMSA limited Partnership; and WHEREAS, the City of Grapevine entered into Amendment #2, in June 2011, with New Cingular Wireless PCS, LLC, successor in interest to AT&T Mobility Texas, LLC; and WHEREAS, the City of Grapevine is in agreement to enter into Amendment #3 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, O. RESOLVED• OF OF ATEXAS: 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 Third Amendment to the Tower/Ground Lease Agreement for the Mustang Water Tower, located at 3051 Ira E. Woods Avenue, 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 18 day of November, 2014. U1220107=91 ATTEST: RES. NO. 2 N MN 4°19' E z (E) BUILDING (E) AT&T EQUIPMENT AREA IN SHELTER (N) RRU A2 MODULES MOUNTED BEHIND (N) RRU'S (TYP OF 9, 3 PER SECTOR) ALL (E) RRU'S TO BE REMOVED AND REPLACED WITH (N) RRU-12'S MOUNTED TO INSIDE OF WATER TOWER WALL (TYP OF 15, 5 PER SECTOR) REF, DET. 2/CO2 KEEP ALL (E) TMA'S AND COAX ON TOWER OVERALL SITE PLAN 1 SCALE: 1/16"=1'-0" — (E) WATER TANK (1) NEW SSB MODEL# DC6-48-60-18-8F PER SECTOR AND (1) NEW SSB MODEL# DC6-48-60-0-SF PER SECTOR (N) ANTENNAS MODEL# SBNHH-1D65B O ON (N) PIPE MOUNTS SIMILAR TO EXISTING (TYP OF 3, 1 PER SECTOR) (E) ANTENNA TO BE REMOVED AND REPLACED WITH (N) ANTENNAS MODEL# SBNHH-1D65B ON (N) PIPE MOUNTS SIMILAR TO EXISTING (TYP OF 3, 1 PER SECTOR) EXISTING DBXNH-65658-R2M ANTENNAS TO REMAIN (TYP OF 6, 2 PER SECTOR) REVISIONS DATE /A\ ISSUED FOR REME'M 1 04/21/14 CELERIS PROJECT NO.: 14-5763 i i 5 CROUP cOnSULTInc EnCInEERS = 2000 E. Lamar Blvd., Suite 550 i Arlington, TX 76006 Office: 817.446.1700 Fax: 817.460.0677 TX Firm Reg. # F-13992 PRELIMINARY NOT FOR CONSTRUCTION THIS DOCUMENT IS RELEASED FOR ME PURPOSE D OF IMERIM REVIEW UNDER THE AUMORRY OF ZHENJING GUO, P.E. UCENSE ® 84667. IT IS NOT S TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. J Y J Y r7 W N Z L0 a r - r x i w_ _ i } � z 'm w _j � m j L0 a_ pW m � Eo o W U O DO 3 SITE NAME GRAPEVINE WATER TOWER SITE NUMBER DX6052 w DRAWN BY: o KDR Q w CHECKED BY: ZG i DATE 04/21/14 PLOT SCALE 1:2 — 3 DRAWING NAME SITE PLAN SHEET No. C01