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Home My WebLink About181-10 RESOLUTIONRESOLUTION NO. 181-10 A RESOLUTION APPROVING A LEASE AGREEMENT EXTENSION WITH FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FOR CELL ANTENNA SPACE ON THE TOWNSHIP WATER TOWER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement extension with Fayetteville MSA Limited Partnership d/b/a Verizon Wireless for cell antenna space on the Township water tower, a copy of which is attached to this Resolution as Exhibit "A." PASSED and APPROVED this 2nd day of November, 2010. APPROVED: ATTEST: 3T: 6„„,414.., nt,Th..) 0 ELD JO' ! � ayor SONDRA E. SMITH, City C erk/Treasurer N'e,�R9(VTR3,l�' • • cc\ v • if :FAYETTEVILLE: 1. R 9s'qKANP•J '/��P ;�G70; 6,GQ ,oaf Fayetteville Northeast CWS 08.15.10 FIRST AMENDMENT TO TOWER ATTACHMENT LEASE AGREEMENT THIS FIRST AMENDMENT TO TOWER ATTACHMENT LEASE AGREEMENT (the "First Amendment") is made and entered into this," day of Not/emit", 2010, by and between THE CITY OF FAYETTEVILLE, ARKANSAS, acting through duly authorized officials of the City of Fayetteville, Arkansas ("Lessor") and FAYETTEVILLE MSA LIMITED PARTNERSHIP, an Arkansas limited partnership d/b/a Verizon Wireless ("Lessee"). Lessor and Lessee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." WITNESSESTH: WHEREAS, Lessor and Lessee entered into a Tower Attachment Lease Agreement (the "Agreement") on October 26, 1994, whereby Lessee leased from Lessor certain space on Lessor's water tower and certain ground space for the construction of a structure to house Lessee's equipment (the "Property") as described in Exhibit "A" to the Agreement. WHEREAS, the Parties desire to amend the Agreement to, among other matters, modify Lessee's equipment; NOW THEREFORE, in consideration of the premises and the mutual undertakings herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 2 — Use is hereby amended by adding the following provision: Prior to entry to the Property and/or Lessor's water tower, Lessee and/or its contractors shall contact Lessor at (479)-575-8386 during customary business hours and for emergencies during non -customary business hours at (479)-587-3560. 2. Exhibit "B" of the Agreement is hereby replaced and superseded by the attached Exhibit "B-1". In the event of any discrepancies between Exhibit "B" and Exhibit "B-1", Exhibit "B-1" shall control. 3. Section 15 — Notices is hereby amended by deleting Lessee's existing notice address and replacing it with the following address: 1 Fayetteville Northeast CWS 08.15.10 Fayetteville MSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 4. All remaining provisions of the Agreement shall remain in full force and effect as to all other terms and conditions, and shall remain binding on the parties hereto. 5. The Agreement and First Amendment contain all agreements, promises or understandings between Lessor and Lessee and no verbal or oral agreements, promises or understandings shall be binding upon either the Lessor or Lessee in any dispute, controversy or proceeding at law, and any addition, variation or modification to the Agreement and First Amendment shall be void and ineffective unless made in writing and signed by the parties. In the event any provision of the Agreement and First Amendment is found to be invalid or unenforceable, such a finding shall not affect the validity and enforceability of the remaining provisions of the Agreement and First Amendment. REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURES TO FOLLOW 2 Fayetteville Northeast CWS 08.15.10 IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment effective as of the day and year first above written. WITNESS LESSOR: CITY OF FAYETTEVILLE, ARKANSAS Acting by and through duly authorized officials off the City of Fayetteville, Arkansas By: Name: Title: Date: l�j.%jv LESSEE: FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS By Alltel Corryu 1'c.,' ions, LLC Its General By: Name: Hans F. Leutenegger Title: Area Vice President Network Date: 3 a \,zo\J Fayetteville Northeast CWS 08.15.10 EXHIBIT "B-1" LESSEE is authorized to install and maintain the following equipment: Six (6) LPA-80063-4CF antennas at 124' AGL, center of radiation Three (3) Antel BXA-70063-4CF antennas at 124' AGL, center of radiation Six (6) Tower Mounted Amplifiers (TMAs) Twelve (12) transmission lines; diameter 7/8" Equipment Shelter: 12' x 28' Pre Fab Shelter by Fiberbond 4 Tom Hubbard Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements -C per f I -0;. 0 City Council Meeting Date Agenda Items Only Utilities Division Action Required: Utilities Department Captial Projects Department Approval of amendment to existing Verizon cell agreement for the Township water tank. None Cost of this request NA Account Number NA Project Number Budgeted Item NA NA Category / Project Budget NA NA Program Category / Project Name NA Funds Used to Date Program / Project Category Name NA NA Remaining Balance Fund Name Budget Adjustment Attached NA Depart 1nt Dir ctor " Attiarney 'Dflo Date Date I Q - fIm2c;v Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Sep -94 Received in City 10-08-10 A08:34 R C V D Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 a�'fve teville CONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Mayor Lioneld Jordan Don Marr, Chief of Staff Thru: David Jurgens, Utilities Director From: Tom Hubbard, Utilities Contracts 84 rojects Engineers �� Date: October 7, 2010 Subject: Verizon cell agreement clarification RECOMMENDATION Staff recommends approval of the attached Verizon cell contract amendment that clarifies and updates the previously approved Verizon cellular agreement for the Township water tank installation. BACKGROUND The City has a lease agreement with Verizon (formally MSA and Alltel) since 1994. The lease has been extended once in 2008 and will not come up for renewal until 2013. The amount of the lease for the water tank space is $500.00 per month. DISCUSSION The amendment is a clarification to the existing Verizon cell agreement for the Township water tank installation. Verizon had requested to change out antennas on the tank structure and to remove obsolete equipment. When reviewing the work along with the current agreement it was found that the City needed to add security contact information in the form of phone numbers and notification of entry language (section 2 #1)and Verizon wanted to add specific equipment language (exhibit B-1). After communicating the items with Verizon the agreement was drawn then reviewed by the City Attorney's office. BUDGET IMPACT None Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Verizon Township amend cling memo 9-17-2010.doc RESOLUTION NO. A RESOLUTION APPROVING A LEASE AGREEMENT EXTENSION WITH FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FOR CELL ANTENNA SPACE ON THE TOWNSHIP WATER TOWER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement extension with Fayetteville MSA Limited Partnership d/b/a Verizon Wireless for cell antenna space on the Township water tower, a copy of which is attached to this Resolution as Exhibit "A." PASSED and APPROVED this day of , 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ALLISON HUGHES PARALEGAL ALLISONHUGHES@PENNLAWFIRM.COM PENNINGTON LAW F I R M, LLP September 29, 2010 VIA OVERNIGHT DELIVERY Mr. Tom Hubbard City of Fayetteville Utilities Department 113 West Mountain Fayetteville, Arkansas 72701 RE: FIRST AMENDMENT TO TOWER ATTACHMENT LEASE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS (FAYETTEVILLE NORTHEST AR LTE SITE) (PC LAW NO.: 1955-270) Dear Tom, Enclosed please find two (2) partially executed original First Amendments to Tower Attachment Lease Agreement for the above referenced site. Please have these documents executed and return one (1) fully executed original to me at your earliest convenience. If you have any questions or comments, or if you need additional information, please do not hesitate to contact me. Sincerely, PENNINGTON LAW FIRM, L.L.P. ACeli SUY1 . Allison C. Hughes Enclosures R:\LTE\SOUTH CENTRAL\FAYETTEVILLE NE\Fayetteville Northeast - Cover Letter to Lessor (PE Amendments).docx 1501 Main Street, Suite 600 (29201) Post Office Box 2844, Columbia, South Carolina 29202 Telephone: 803-929-1070 Fax: 803-929-1075 www.pennlawfirm.com