HomeMy WebLinkAboutItem 16 - Water Tower LeaseMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: RESOLUTION AUTHORIZING THE SECOND AMENDMENT TO THE
GROUND AND TOWER LEASE AGREEMENT WITH T-MOBILE WEST,
LLC
RECOMMENDATION: City Council to consider adopting a resolution authorizing the second
amendment to the Ground and Tower Lease Agreement with T-Mobile
West, LLC, for the purpose of installing, operation, and maintaining a
communications facility on the Dove Water Tower at 1702 Sagebrush
Trail.
FUNDING SOURCE: None
BACKGROUND: The initial lease was entered into on October 3, 2000, for a period of 25
years with an initial annual payment of $18,000.
On March 1, 2016, the first amendment to the Ground & Tower Lease
Agreement allowing additional installation of antennas was approved.
The current annual lease amount is $33,433.46, and was paid in
September 2021.
Under the second amendment to the lease, the City of Grapevine will
receive an annual lease payment of $65,000, from T-Mobile West LLC.
This payment is similar to payments received from other cell providers at
this site.
The main points of the amendment include:
* The installation of additional antennas and equipment
* Adjusting the annual lease rate to current levels
* Permits 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 to 2037.
Staff recommends approval.
RESOLUTION NO. 2022-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AUTHORIZING THE SECOND
AMENDMENT TO THE GROUND AND TOWER LEASE
AGREEMENT WITH T-MOBILE WEST 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 October 3, 2000, the City of Grapevine (hereinafter referred to as
"Landlord") entered into a Ground and Tower Lease Agreement ("Agreement") with T-
MOBILE WEST, LLC ("Lessee") on the Dove Water Tower; and
WHEREAS, the City of Grapevine entered into Amendment No. 1, on March 1,
2016, with T-MOBILE WEST, LLC; and
WHEREAS, T-MOBILE WEST, LLC desires to install additional antennas and
equipment; and
WHEREAS, T-MOBILE WEST, LLC desires to adjust the annual lease rate to
current levels; and
WHEREAS, T-MOBILE WEST, LLC desires to add, modify and/or replace
equipment in order to comply with federal, state and local mandated applications; and
WHEREAS, T-MOBILE WEST, LLC desires to extend the term of the lease by 15
years to 2037; and
WHEREAS, the City Manager is authorized to execute all documents necessary
to complete this transaction; 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. That the City Council of the City of Grapevine approves entering into
the second amendment to the Ground and Tower Lease Agreement for the Dove Water
Tower, located at 1702 Sagebrush Trail, with Clear Wireless, LLC. Furthermore, the City
authorizes the City Manager to execute all documents necessary to complete this
transaction.
Section 3. That this resolution shall take effect from and after the date of its
passage.
Section 4. That it is hereby officially found and determined that the meeting at
which this resolution is passed is open to the public and public notice of the time, place
and purpose of said meeting was given as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 6th day of September, 2022.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Resolution No. 2022-011 2