HomeMy WebLinkAboutItem 16 - Barton Water Tower LeaseMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JANUARY 21, 2020
SUBJECT: FIRST AMENDMENT TO GROUND AND TOWER LEASE AGREEMENT
WITH SPRINT (CLEAR WIRELESS) FOR BARTON WATER
RECOMMENDATION: City Council consider adopting a resolution approving the First
Amendment to the Tower/Ground Lease Agreement with Clear Wireless
LLC for the purpose of installing operating, and maintaining
communications facilities on the Barton Water Tower.
FUNDING SOURCE:
BACKGROUND: The initial lease was approved by City Council on July 21, 2009, for a
period of 20 years. The initial rent was $20,000 annually. The current
annual payment is $26,450. Under the amended lease, the City of
Grapevine will receive an annual lease payment of $34,000.
The main points of the amendment include:
• the installation of additional antennas
• update lease to indicate correct corporate names and/or subsidiary
• adjusting the annual rental rate (effective immediately)
• permits Lessee to add, modify and/or replace equipment in order to
comply with federal, state or local mandated applications; and
• extend the term of the lease another 20 years.
The City Attorney and Staff have reviewed the terms of the agreement and
recommend approval.
RESOLUTION NO. 2020-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, APPROVING THE FIRST
AMENDMENT TO THE TOWER/GROUND LEASE
AGREEMENT WITH CLEAR WIRELESS LLC, FOR THE
INSTALLATION OF COMMUNICATIONS EQUIPMENT
INCLUDING ANTENNAS, CABLES AND OTHER
COMMUNICATION INSTRUMENTS ON THE BARTON
WATER TOWER AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on July 21, 2009, the City of Grapevine (hereinafter referred to as
("Grapevine") entered into a Tower/Ground Lease Agreement with Clear Wireless LLC,
("Clear Wireless"), a Nevada limited liability company, is a wholly owned subsidiary of
Sprint Corporation; and
WHEREAS, the City of Grapevine is in agreement to enter into the First
Amendment to said Tower/Ground Lease Agreement with Clear Wireless 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 Barton Water
Tower located at 211 West Texas Street, with Clear Wireless, 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 21st day of January, 2020.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Resolution No. 2020-002