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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