HomeMy WebLinkAboutItem 04 - Cingular Wireless PCSMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JUNE 7, 2011
SUBJECT: FIRST AMENDMENT TO TOWER & GROUND LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC
FOR DOVE WATER TOWER
RECOMMENDATION:
City Council consider adopting a resolution authorizing the First Amendment to
Tower /Ground Lease Agreement with NEW CINGULAR WIRELESS PCS, LLC for the
co- location of antennae and installation of communications equipment at the Dove
Water Tower, 1702 Sagebrush Trail, authorize the City Manager to sign said
amendment, and take any necessary action.
FUNDING SOURCE:
The City of Grapevine will receive an annual lease payment of $36,000 from NEW
CINGULAR WIRELESS PCS, LLC for the three proposed dishes on the Dove Water
Tower.
BACKGROUND:
The City of Grapevine and Dallas SMSA Limited Partnership, a Delaware Limited
Partnership entered into a Tower/Ground Lease Agreement on January 4, 1994 as the
1St provider located on the Dove Water Tower. NEW CINGULAR WIRELESS PCS, LLC
is the successor to Dallas SMSA Limited Partnership. The installation of the proposed
antenna is expected to add service coverage to their customers in this area of
Grapevine.
The main points of the amendment include:
the installation of additional antennas,
adjusting the annual rental rate,
• permitting lessee to add, modify and/or replace equipment in order to comply with
federal, state or local mandated applications,
extending the term of the lease for another 20 years with a stipulated 15%
increase in 5 year increments and
modify the notice section
0:lagenda12011104- 19- 111AT&T -NEW CINGULAR WIRELESS 1' Amendment
June 1, 2011 (3:38PM)
The City Attorney and Staff have reviewed the terms of the agreement and recommend
approval.
0:lagenda12011\04- 19- 111AT&T -NEW CINGULAR WIRELESS 1 "Amendment
May 31, 2011 (2:16PM)
aw
6 /2/2011
Bruno Rumbelow, City Manaaer
Sharron Spencer, Place 2
Mike Lease, Place 3
Address:
PO Box 95104
Grapevine, Texas 75099
Dear Mr. Rumbelow;
I would like to thank the City of Grapevine staff and counclipersons Sharron Spencer and Mike
Lease for allowing AT &T to participate in recent discussions regarding the overall AT &T network
coverage plan for the City of Grapevine. This was an excellent way for us to be able to demonstrate the
many different tools that are being used by AT &T to enhance the network and create a more enjoyable
customer experience in your city.
As we were able to explain, AT &T is constantly gathering and analyzing network data regarding
the performance of the network and using this to help fine tune the system. This might include the
addition and adjustment of antennas on existing sites or even the addition of new cell sites where
warranted. We were also able to discuss a few of the areas in the city where customers have
experienced problems and we will give those areas special attention as we continue to adjust and
upgrade the system.
It is my hope that everyone involved in these discussions was able to see and understand the
tremendous amount of resources that AT &T is using to enhance the customer experience in Grapevine
and also to convey our commitment to the city that we will continue to work diligently with our
customers and the city to maintain the type of coverage that you have come to expect.
Regards,
4k�
Chad Archer, AT &T RAN Director
Market: Central Region/North Texas
Cell Site Number: DX6042
Cell Site Name: Park/Dove
Fixed Asset Number: 10003473
FIRST AMENDMENT TO TOWERIGROUND LEASE AGREEMENT
THIS FIRST AMENDMENT TO TOWER /GROUND LEASE AGREEMENT
( "Amendment'), dated as of the latter of the signature dates below, is by and between
City of Grapevine, a Municipal Corporation, having a mailing address of 200 South
Main, Grapevine, Texas 76051 ( "Lesson") and New Cingular Wireless PCS, LLC, a
Delaware limited liability company, as successor in interest to Dallas SMSA Limited
Partnership, a Delaware Limited Partnership, having a mailing address of 12555
Cingular Way, Suite 1300, Alpharetta, GA 30004 ( "Lessee ").
WHEREAS, Lessor and Lessee's predecessor entered into a Tower /Ground
Lease Agreement dated January 4, 1994, whereby Lessor leased to Lessee certain
Premises, therein described, that are a portion of the Property located at 1702
Sagebrush Trail, Grapevine, Texas 76051 ( "Agreement'); and
WHEREAS, Lessor and Lessee desire to amend the Agreement to allow for the
installation of additional antennas, associated cables and other communications
instruments; and
WHEREAS, Lessor and Lessee desire to adjust the rent in conjunction with the
modifications to the Agreement contained herein; and
WHEREAS, Lessor and Lessee desire to amend the agreement to incorporate
language that clarifies that the lease includes the 672 SF of Ground Lease area for
Lessee's existing equipment building; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to update the
notice section thereof; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to permit
Lessee to add, modify and /or replace equipment in order to be in compliance with any
current or future federal, state or local mandated application, including but not limited to
emergency 911 communication services; and
WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the
Agreement as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessor and Lessee agree as follows:
1. Preamble That all matters stated here and above are true and correct and are
hereby incorporated into the body of this document as if copied in their entirety.
2. Term The term of this Tower /Ground Lease Agreement is hereby established for
a period of 20 years from the date of execution.
3. Rent. Commencing on the first day of the month following the date that Lessor
approves said amendment. (the "Rent Commencement Date "), Rent shall be increased
to $3,000.00 per month with an approximate 15% increase in 5 year increments on the
anniversary of this Rent Commencement Date. Said rent payments shall be as follows:
• June 1, 2011 through May 31, 2016 — Rent payments shall be due on the first
day of the month in the amount of $3,000.00 each month.
• June 1, 2016 through May 31, 2021 — Rent payments shall be due on the first
day of the month in the amount of $3,450.00 each month.
• June 1, 2021 through May 31, 2026 — Rent payments shall be due on the first
day of the month in the amount of $3,967.50 each month.
• June 1, 2026 through May 31, 2031 — Rent payments shall be due on the first
day of the month in the amount of $4,562.63 each month.
4. Additional Antennas & Equipment. Lessor consents to the installation and
operation of a total of 9 antennas and associated cables and equipment including but
not limited to 3 RRU's, surge protection boxes and flex tubing for DC /Fiber lines. Said
equipment must be approved by the Lessor's consultant engineer The equipment may
only be installed after notification to and approval by the City Public Works and
Development Services Staff said notification being provided to Lessor at least two (2)
working days in advance of the installation date. At the Lessor's (City's) option, city
personnel may be required to be present at the site during installation.
5. Notices. Section 17 of the Agreement is hereby deleted in its entirety and
replaced with the following:
NOTICES. All notices, requests, demands and communications hereunder will be given
by first class certified or registered mail, return receipt requested, or by a nationally
recognized overnight courier, postage prepaid, to be effective when properly sent and
received, refused or returned undelivered. Notices will be addressed to the parties as
follows.
If to Lessee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: DX6042; Cell Site Name: Park 1 Dove (TX)
Fixed Asset No: 10003473
12555 Cingular Way, Suite 1300
Alpharetta, Georgia 30004
With the required copy of legal notice sent to Lessee at the address above, a courtesy
copy may be sent to the Legal Department at the following address:
2 3 -2011
AZ/NM — 2011 Form Amendment
New Cingular Wireless PCS, LLC
Attn: AT &T Legal Department
Re: Cell Site #: DX6042; Cell Site Name: Park / Dove (TX)
Fixed Asset No: 10003473
15 East Midland Avenue
Paramus, NJ 07652
A copy sent to the Legal Department is an administrative step which alone does not
constitute legal notice.
If to Lessor: City of Grapevine
Attn: City Manager
P.O. Box 95104
200 South Main
Grapevine, Texas 76099
Either party hereto may change the place for the giving of notice to it by thirty (30) days
prior written notice to the other as provided herein.
5. Emergency 911 Service. In the future, without the payment of additional rent and
at a location mutually acceptable to Lessor and Lessee, Lessor agrees that Lessee may
add, modify and /or replace equipment in order to be in compliance with any current or
future federal, state or local mandated application, including but not limited to
emergency 911 communication services. Said additional equipment is restricted to only
that equipment necessary for 9 -1 -1 service, may not exceed the number of antennae
listed above and must be approved by Lessor's consultant engineer. The equipment
may only be installed after notification to and approval by City Public Works and
Development Services Staff said notification being provided to Lessor at least two (2)
working days in advance of the installation date. At the Lessor's (City's) option, city
personnel may be required to be present at the site during installation.
Lessee shall not allow any other company to co- locate on or use its facilities located on
Lessor's property without express permission from Lessor. Any additional use of
Lessor's facilities may require additional compensation.
6. Should lessee file for bankruptcy during the term of this lease or any extension of
the lease, both parties agree that this commercial lease shall be considered an
executory contract within the terms of Section 365(d)(3) and (4) of the Bankruptcy
Code,
7. Other Terms and Conditions Remain. In the event of any inconsistencies
between the Agreement and this Amendment, the terms of this Amendment shall
control. Except as expressly set forth in this Amendment, the Agreement otherwise is
unmodified and remains in full force and effect. Each reference in the Agreement to
itself shall be deemed also to refer to this Amendment.
3 3 -2011
AZNM -- 2011 Form Amendment
8 Capitalized Terms. All capitalized terms used but not defined herein shall have
the same meanings as defined in the Agreement.
IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this Amendment on the dates set forth below.
"LESSOR"
City of Grapevine, a Municipal Corporation
By:
Name:
Title:
Date:
Bruno Rumbelow
City Manner
"LESSEE"
New Cingular Wireless PCS, LLC,
By: AT &T Mobility Corporation
Its: Manager
By:
Name: Greg HollowaX
Title: Area Mana er -RE &C NTX Network O s
Date:
11,1111" 13.51 Ll a 9 ,. • „.
4 3 -2011
AZNM -- 2011 Form Amendment
TENANT ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
Gregory Holloway, Area Manager — RE &C, NTX Network Ops of New Cingular Wireless
PCS, LLC, a Delaware limited liability company, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said New Cingular Wireless PCS, LLC, and that he executed the
same as the act of such Limited Liability Company for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2011.
Notary Public in and for the State of Texas
My Commission Expires
LESSOR ACKNOWLEDGEMENT
MUNICIPAL ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
I CERTIFY that on 2011, Bruno Rumbelow [name of
representative] personally came before me and acknowledged under oath that he:
(a) is the CITY MANAGER [title] of CITY OF GRAPEVINE [name of municipality],
the municipality named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the municipality on and
(c) executed the instrument as the act of the municipality.
Notary Public
My Commission Expires:
5 3 -2011
AZ/NM -- 2011 Form .'Amendment
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
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, a Delaware Limited Partnership for Communications Equipment on the
Dove Water Tower; 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,
successor to Dallas SMSA Limited Partnership, a Delaware Limited Partnership; and
WHEREAS, Amendment # 1 to the Tower/Ground Lease Agreement for the
Dove Water Tower is attached as Exhibit "A ".
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 Manager is hereby authorized to enter into said
Amendment # 1 to the Tower/Ground Lease Agreement as attached.
Section 3. 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 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 7th day of June, 2011.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
RES. NO.