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HomeMy WebLinkAboutItem 09 - Clear Wireless ITEM # MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: OCTOBER 20, 2009 SUBJECT: TOWER & GROUND LEASE AGREEMENT WITH CLEAR WIRELESS FOR MINTER'S CHAPEL ROAD CELL TOWER RECOMMENDATION: City Council consider adopting a resolution authorizing a Tower/Ground Lease Agreement with CLEAR WIRELESS for the co-location of antennae and installation of communications equipment at the Minter's Chapel Road Cell Tower, authorize the City Manager to enter into the agreement, and take any necessary action. FUNDING SOURCE: The City of Grapevine will receive an annual lease payment of $20,000 from CLEAR WIRELESS for the three proposed dishes on the Minter's Chapel Tower. The lease agreement represents a five-year term with provisions for five-year renewals and payment increases. BACKGROUND: CLEAR WIRELESS will be the fourth provider located on the Minter's Chapel Tower. The installation of the proposed ground equipment and antennae are expected to add service coverage to their customers in this area of Grapevine. The main points of the lease include an initial five-year term with four automatic five-year renewals and rent increases at each five-year interval of 15% or the percentage increase in the CPI over the past 5 years, which ever is greater. Proceeds from the lease will go to the Public Art Fund. The City Attorney and Staff have reviewed the terms of the agreement and recommend approval. October 15,2009(9:53AM) tss C / RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING TOWER/GROUND LEASE AGREEMENTS WITH CLEAR WIRELESS, LLC, FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on October 20, 2009 the City of Grapevine (hereinafter referred to as "Landlord") is in agreement to enter into a Tower/Ground Lease Agreement with Clear Wireless, L.L.C., a Nevada 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 on the Minters Chapel Road Cell Tower and for the installation of an equipment shelter in accordance with specified compensation terms; and WHEREAS, the Tower/Ground Lease Agreement for the Minters Chapel Road Cell 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 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of October, 2009. APPROVED: ATTEST: ` APPROVED AS TO FORM: iimbot RES. NO. 2