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HomeMy WebLinkAboutItem 24 - T-MOBILE WEST,LLC Ground and Tower LeaseMEMO TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL r FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: NOVEMBER 17, 2015 SUBJECT: FIRST AMENDMENT AGREEMENT WITH WATER TOWER. RECOMMENDATION: TO GROUND AND TOWER LEASE T -MOBILE WEST, LLC FOR DOVE City Council consider adopting a resolution authorizing the First Amendment to the Ground and Tower Lease Agreement with T -MOBILE WEST, LLC, for the purpose of installing, operating, and maintaining a communications facility on 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 $28,000 from T -MOBILE WEST, LLC which will go into the Public Art Fund. 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. The current annual lease amount is $23,805. Under the first amendment to the lease, the City of Grapevine will receive an annual lease payment of $28,000 from T -MOBILE WEST, LLC. The main points of the amendment include: • installing additional antennas, according to T -Mobile's L700MHZ Deployment Plans • adjusting the annual rental rate (commencing on the first day of the month following the City's approval) • permitting 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 2030. The City Attorney and Staff have reviewed the terms of the agreement and recommend approval. 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 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 Tower/Ground Lease Agreement with Cook Inlet/VoiceStream Operating Company, LLC ("Lessee") on the Dove Water Tower; and WHEREAS, the City of Grapevine is in agreement to enter into the First Amendment to said Tower/Ground Lease Agreement with T -Mobile West, LLC, Successor in interest to Cook Inlet/ VoiceStream Operating Company, LLC; 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, 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 Council of the City of Grapevine, Texas hereby approves the First Amendment to the Tower/Lease Agreement for the Dove Water Tower, located at 1702 Sagebrush Trail, with T -Mobile West, LLC. Section 3. 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 17th day of November, 2015. ATTEST: I-Mmill