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HomeMy WebLinkAboutItem 22 - Ground and Tower Lease AgreementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: SEPTEMBER 7, 2021 SUBJECT: GROUND AND TOWER LEASE AGREEMENT WITH DISH FOR DOVE ELEVATED WATER TOWER RECOMMENDATION: City Council to consider a resolution authorizing the Ground and Tower Lease Agreement with Dish for the purpose of installing, operating, and maintaining a communications facility on the Dove elevated water tower at 1702 Sagebrush Trail. FUNDING SOURCE: This action has no material effect on City funds. BACKGROUND: Dish representatives contacted City staff in reference to entering into a Ground and Tower Lease Agreement with the City. The proposed annual lease amount is $66,000 and would be deposited in the City's Public Art Fund. The agreement allows Dish to install, maintain, and upgrade equipment and antennas on the Dove elevated water tower site. The agreement provides for annual rent of $66,000 with a 10 year lease, including a 3% annual increase and a $20,000 deposit. The lease includes three, five- year renewal options. The City currently has lease agreements with AT&T and T-Mobile/Sprint at this site. Staff recommends approval. RESOLUTION NO. 2021-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING A TOWER/GROUND LEASE AGREEMENTS WITH DISH WIRELESS, LLC, FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT INCLUDING ANTENNAS, CABLES AND OTHER COMMUNICATION INSTRUMENTS ON THE DOVE ELEVATED WATER TOWER AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 17, 2021 the City of Grapevine (hereinafter referred to as "Landlord") is in agreement to enter into Tower/Ground Lease Agreements with Dish Wireless, L.L.C., a Colorado limited liability company authorized to do business in Texas (hereinafter referred to as "Tenant"); and WHEREAS, the Landlord and the Tenant desire to enter into a Tower/Ground Lease Agreement for the installation of communications equipment at the Dove Elevated Water Tower in accordance with specified compensation terms; and WHEREAS, the Letter of Acceptance for the Dove Elevated Water Tower is attached; 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. The City Manager is hereby authorized to enter into said Tower/Ground Lease Agreements as attached. Section 3. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of September, 2021. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Resolution No. 2021-014 DocuSign Envelope ID: 3D7AOB66-9EBC-4489-9FE9-A69CCE6E720B NW d.sh Letter of Acceptance Dish Wireless L.L.C. Developing Company 5701 S. Santa Fe Dr Address Littleton Co 80120 City State Zip To: Carol Marchant City of Grapevine Public Works Paul Rauscher Dish Representative Site Development Manager— Dallas Title (806) 438-9743 paul.rauscher@dish.com Telephone # & Email Address I want to introduce myself as the Site Development Manager for the Dallas market who is responsible for bringing this site to market. You may only know DISH as a satellite TV provider... while we continue to work that business, we've embarked on a plan to build a 5G wireless network from the ground up to be the nation's 4th carrier. In most cases, we are leveraging existing tower infrastructure. However, there are parts of the metroplex where placing equipment on water tanks make the most sense. We identified the city's tank earlier this year for co -location to support that part of Grapevine. We are under a tight timeline. Our executive team has challenged us to have the market built by the end of this year. Therefore, time is of the essence to get leasing behind us so we can start material and construction planning. We are excited to partner with the City of Grapevine to get this lease signed and our equipment on air! Dish is in acceptance of the terms to the Ground & Tower Lease Agreement regarding placing telecommunications equipment on and around the existing water tank, at approximately 97' elevation. Dish is interested in entering into a Ground & Tower Lease Agreement with the City of Grapevine for the use of the depicted area on and around the water tank. 1. Site Plan: Plans have been provided 2. Located at: Dove Park, 1702 Sagebrush Trail, Grapevine, TX 76051 3. Proposed Systems: Metered Power and Fiber 4. Proposed ground space: Approximately 8' x 8' (64 sq. ft.) for ground mounted equipment 5. Proposed equipment: 3 panel antennas with 6 radios, 3 OVPs and 3 hybrid cables to be mounted on tower at approx. 97' 6. Rent: $5,500 per month with 3% annual escalation 7. Terms: 10-year initial with (3) 5-year automatic renewals 8. Security Deposit: $20,000 to be held by city EPDocuSigned by: cA rAUSGIAkr BE920BOBD78A481... Signature Paul Rauscher Print Name Site Development Manager —Dallas Title August 17, 2021 Date EXISTING FENCED IN DUMPSTER AREA 77 u EXISTING LOW PROFILE METAL PIPE FENCE EXISTING CONCRETE CURB & GUTTER L� I EXISTING 10'X16' UNDERGROUND VAULT EXISTING 10'X16' VAULT L EXISTING CONCRETE CURB & GUTTER m ABOVE GROUND AREA EXISTIN( BOLLARD`. NOTES 1. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS. • 2. CONTRACTOR SHALL MAINTAIN A 10'-0" MINIMUM r SEPARATION BETWEEN THE PROPOSED GPS UNIT, d.sh TRANSMITTING ANTENNAS AND EXISTING GPS UNITS. VAII'llown. 5701 SOUTH SANTA FE DRIVE LITTLETON, CO 80120 BROADUS� services 4 COUNTRY PLACE CIRCLE DALWORTHINGTON GARDENS TEXAS 76016 OFFICE: (817) 349 3449 FAX: 800 401 4234 32' 24' 16' 8' 0 32' 64' I .LLLLLLLLI.LLLLLI1 1 /32"=1'-0" JACOB GORALSKI, PLLC CONSULTEIG ENGBIFER TX PE Na 118873 TX FNM Na F-17M 1106 Olm STREET KENNEDALE, TX 76060 (817) 456-2821 IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TOTTER THIS DOCUMENT. DRAWN BY: CHECKED BY: APPROVED BY: AJ ELG JIG RFDS REV #: TBD PRELIMINARY DOCUMENTS SUBMITTALS REV DATE DESCRIPTION A 03/24/2021 ISSUED FOR REVIEW A&E PROJECT NUMBER DADAL00510A DISH WIRELESS PROJECT INFORMATION DADAL00510A SHEET TITLE OVERALL AND ENLARGED SITE PLAN SHEET NUMBER A-1 OVERALL SITE PLAN EXISTING WATER TANK -\ PROPOSED DISH WIRELESS, LLC EQUIPMENT ON PROPOSED S'X7' CONCRETE PAD PROPOSED DISH WIRELESS, LLC 6'-0" TALL WOOD FENCE I (3) PROPOSED DISH WIRELESS. LLC HYBRID CABLES. (EXISTING CONDUIT TO BE REUSED FOR NEW FIBER) EXISTING 10'X16' UNDERGROUND VAULT WATER TANK ELEVATION NOTES 1. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS. • 2. CONTRACTOR SHALL MAINTAIN A 10'-0" MINIMUM r SEPARATION BETWEEN THE PROPOSED GPS UNIT, TRANSMITTING ANTENNAS AND EXISTING GPS UNITS.d.sh TOP OF WATER TANK 149'-2" AGL 5701 SOUTH SANTA FE DRIVE LITTLETON, CO 80120 BROADUS services /51 4 COUNTRY PLACE CIRCLE DALWORTHINGTON GARDENS TEXAS 76016 OFFICE: (817) 349 3449 FAX: 800 401 4234 (3) PROPOSED DISH WRELESS, LLC ANTENNAS RAD CENTER O 97'-0" AGLqr JACOB GORALSKI, PLLC CGNSULTING ENGMEIIt TX PE Ib. 116673 TX IN Na F-17M 1RENNEDALE, 1 TX1X 76= (817) 456-2621 IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TOTTER THIS DOCUMENT. DRAWN BY: CHECKED BY: APPROVED BY: AJ ELG JIG I PROPOSED DISH RFDS REV #: TBD RELESS, LLC HYBRID VMTT RUN PRELIMINARY NOE E;� DOCUMENTS SUBMITTALS REV DATE DESCRIPTION A 03/24/2021 ISSUED FOR REVIEW EXISTING DOGHOUSE A&E PROJECT NUMBER COVERING CABLE PORTS DADAL00510A DISH WIRELESS PROJECT INFORMATION DADAL00510A 1702 SAGEBRUSH TRL GRAPEVINE, TX 76051 SHEET TITLE OVERALL AND ENLARGED SITE PLAN SHEET NUMBER 12' 8' 4' 0 10' 20' I A-4 3/32"=1'-O"