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Home My WebLink About182-10 RESOLUTIONRESOLUTION NO. 182-10 A RESOLUTION APPROVING A LEASE AGREEMENT EXTENSION WITH SPRINT/NEXTEL PROPERTY SERVICES LLP FOR CELL ANTENNA SPACE ON THE MOUNT SEQUOYAH 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 Sprint/Nextel Property Services LLP for cell antenna space on the Mount Sequoyah 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: 044AAJ • 6ftlat SONDRA E. SMITH, City Clerk/Treasurer Sprint/Nextel Site ID: LRO3SW169 FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT ("Amendment") is made effective as of e; 6 o -g44, 201 ("Effective Date"), by and between the City of Fayetteville, a municipal corporation ("Owner") and Southwest PCS, L.P., an Oklahoma limited partnership ("Tenant" or "SWPCS"). BACKGROUND Pursuant to a Water Tank Attachment Communication Site Lease Agreement dated January 18, 2000 ("Agreement"), Owner leased to Tenant a certain portion of real property located at 1170 South Skyline Road, City of Fayetteville, County of Washington, State of Arkansas, as more particularly described in Exhibit A to the Agreement (the "Premises"). Owner and Tenant desire to amend the Agreement as set forth herein. Words and phrases having a defined meaning in the Agreement have the same respective meanings when used herein unless otherwise expressly stated. AGREEMENT The parties agree as follows: 1. Term. Paragraphs 3 and 4 of the Agreement are amended by adding the following: Notwithstanding anything set forth in Paragraphs 3 and 4 to the contrary, the current term of this Agreement will expire on April 30, 2010. Commencing on May 1, 2010, the term of this Agreement ("New Initial Term") is sixty (60) months. This Agreement will be automatically renewed for up to two (2) additional terms (each a "Renewal Term") of sixty (60) months each. Each Renewal Term will be deemed automatically exercised without any action by either party unless Tenant gives written notice of its decision not to exercise any options to Owner before expiration of the then current term. 2. Rent. Paragraph 5 of the Agreement and Paragraph 1 of the Special Conditions of the Agreement are amended by adding the following: Notwithstanding anything set forth in Paragraph 5 of the Agreement and Paragraph 1 of the Special Conditions of the Agreement to the contrary, effective May 1, 2010, rental amount shall be paid in equal monthly installments of Two Thousand Seven Hundred Fifty and No/100 Dollars ($2,750.00), and shall continue during the term (until increased as set forth herein), partial months to be prorated, in advance ("Rental Amount"). Thereafter, the Rental Amount for each Renewal Term will be increased on the commencement of each Renewal Term by ten percent (10%) of the rental rate in effect for the prior term. Owner uutial : Tenant initials: MD7 Sprint Expiration 10/14/2008 MD7 \evanvalkenbm+vEt'V 1 Sprint/Nextel Site ID: LRO3SW169 3. Access. Paragraph 10 of the Agreement is amended by adding the following: Tenant is entitled to access the Premises and the Equipment 24 hours per day, 7 days per week subject to the following conditions. For routine maintenance and repair, including but not limited to inspections, modifications or replacements, Tenant will provide Owner with reasonable notice at least 24 hours in advance of visit. In case of emergency or unscheduled repairs, Tenant will provide Owner with reasonable notice under the circumstances (at least 1 hour in advance of visit, if possible). Owner will provide Tenant with reasonable written procedures for accessing the Premises and the Equipment, including contact names and phone numbers for routine and emergency/unscheduled access notice. In addition, Owner will provide Tenant with timely notice of any access changes including changed pass codes, locks, keys and/or procedures. Normal hours 7:30 to 4:30: (479) 575-8386 Emergency after hours: (479) 587-3560 4. Notices. Paragraph 15 of the Agreement and Paragraph 2 of of the Special Conditions of the Agreement are amended by deleting the entire provision and substituting the following provision in its place: "All notices, requests, demands or other communications with respect to this Agreement, whether or not herein expressly provided for, must be in writing and will be deemed to have been delivered upon receipt or refusal to accept delivery after being either mailed by United States first-class certified or registered mail, postage prepaid, return receipt requested or deposited with an overnight courier service for next -day delivery to the parties at the following addresses (the addresses may be changed by either party by giving written notice). Owner: Tenant: with a copy to: City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Southwest PCS, L.P. Sprint/Nextel Property Services Site ID: LRO3SW169 Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 Sprint/Nextel Law Department Attn: Real Estate Attorney Site ID: LRO3SW169 Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020" Owner initial: Tenant initials: ", MD7 Sprint Expimfion 10/142008 MDTevanvalkeibmg/ECV 2 Sprint/Nextel Site ID: LRO3SW169 5. Additional Terms and Conditions to this Amendment. Owner agrees to promptly execute and deliver to Tenant a recordable Memorandum of Amendment in the form of Attachment 1, attached. 6. Reaffirmation; Intention to be Bound. Except as provided in this Amendment, each and every term, condition and agreement contained in the Agreement will remain in full force and effect. The parties reaffirm that the representations and warranties made by each of the parties in the Agreement are true and accurate as of the Effective Date. The parties executing this Amendment, on behalf of themselves, their assigns and successors, acknowledge and reaffirm their intention to be bound by the terms and conditions of the Agreement. SIGNATURES APPEAR ON THE FOLLOWING PAGE Owner tutials: Tenant initials: .......... _.. __............ __. MD7 tExpiration10/14/2008MD valk/ErV 3 Sprint/Nextel Site ID: LRO3SW169 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the Effective Date. Owner: City of Fayetteville, a municipal co oration (please Pruned Name: ate: Attest: OM Y10 FEpf,e, °°° SVT R 'I oU® : FAYETTEVILLE sy9RKAN1:, k ( •,, ilv, G Tmotto ONGmC'S' Tenant: Southwest PCS, L.P., an Oklahoma limited partnership By: Printed N.9'u e: ichael Reed Title: Authorized Representative Date: to %/2d /D Witnesses: By: Printed Name: By: Printed Name: elS: Tenant initials: /- 4 MD7 Sprint Expiration 10/14/2008 MD77evanvalkmbu[g/ECV ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint/Nextel Property Services Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 Sprint/Nextel Site ID: LRO3SW169 [space above this line for Recorder's use] MEMORANDUM OF FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT THIS MEMORANDUM OF FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT ("Memorandum"), evidences that an amendment ("Amendment") was made to Water Tank Attachment Communication Site Lease Agreement dated January 18, 2000 ("Agreement"), by and between City of Fayetteville, a municipal corporation ("Owner") and Southwest PCS, L.P., an Oklahoma limited partnership ("Tenant" or "SWPCS"). The terms and conditions of the Agreement and Amendment are incorporated herein by reference. The Agreement as amended provides in part that Owner leased to Tenant a certain site located at 1170 South Skyline Road, City of Fayetteville, County of Washington, State of Arkansas, which is more particularly described on Exhibit A attached and incorporated herein by reference. The Amendment grants Tenant the option to extend the Agreement for two (2) additional sixty (60) month terms after the expiration of the new initial sixty (60) month term which commenced on May 1, 2010. All notices to Tenant must be sent via U.S. Postal Service certified mail, return receipt requested with all postage prepaid to: Southwest PCS, L.P. Sprint/Nextel Property Services Site ID: LRO3SW169 Mailstop KS OPHT0101-Z265 0 6391 Sprint Parkway Overland Park, KS 66251-2650 with a mandatory copy to: Sprint/Nextel Law Department Attn: Real Estate Attorney Site ID: LRO3SW169 Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 SIGNATURES APPEAR ON THE FOLLOWING PAGE wrier initials: MD7 sprint Expiration 10/142008IvIDhlanvaikenbvp/ETV 5 Tenant initials: ,/fA-' Sprint/Nextel Site ID: LRO3SW169 IN WITNESS WHEREOF, the parties have executed this Amended Memorandum as of the day and year indicated below. Owner: Tenant: City of Fayetteville, Southwest PCS, L.P., a municipal corporation an Oklahoma limited partnership By: (NOT FOR EXECUTION) By: (NOT FOR EXECUTION) Printed Name: Title: Printed Name: Michael Reed Title: Authorized Representative Owner initials: Tenant initials:`>/d/1i MD7 Sprint Expiration 10/142008 MD7 evamalkenbwg/ETV 6 Sprint/Nextel Site ID: LRO3SW169 EXHIBIT A TO MEMORANDUM OF FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT Description of Property A portion of certain real property located at 1170 South Skyline Road, City of Fayetteville, County of Washington, State of Arkansas, described as follows: A part of the SE 1l4 of the NE 1/4 of Section 15, Township 16 North, Range 30 West, described as beginning at a point on the West Line of East Skyline Drive which is 1049.2 feet South, and: 221.9 feet East of the NW corner of said 40 acre tract; and running thence North 42 Degrees and 20 Minutes West 100 feet, thence South 47 Degrees 40 Minutes West 100 feet, thence South 42 Degrees 20 Minutes East 100 feet to the West Line of East Skyline Drive, and thence along the curve of said Drive to the place of beginning, containing 0.23 acres more or less. Owner initials. MD7 Spfun Expiration 10/14/2008 bmnevanvaIkenbwg/ETV 7 Tenant initials: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint/Nextel Property Services Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 Sprint/Nextel Site ID: LRO3SW169 [space above this line for Recorder's use] MEMORANDUM OF FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT THIS MEMORANDUM OF FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT ("Memorandum"), evidences that an amendment ("Amendment") was made to Water Tank Attachment Communication Site Lease Agreement dated January 18, 2000 ("Agreement"), by and between the City of Fayetteville, a municipal corporation ("Owner") and Southwest PCS, L.P., an Oklahoma limited partnership ("Tenant" or "SWPCS"). The terms and conditions of the Agreement and Amendment are incorporated herein by reference. The Agreement as amended provides in part that Owner leased to Tenant a certain site located at 1170 South Skyline Road, City of Fayetteville, County of Washington, State of Arkansas, which is more particularly described on Exhibit A attached and incorporated herein by reference. The Amendment grants Tenant the option to extend the Agreement for two (2) additional sixty (60) month terms after the expiration of the new initial sixty (60) month term which commenced on May 1, 2010. All notices to Tenant must be sent via U.S. Postal Service certified mail, return receipt requested with all postage prepaid to: Southwest PCS, L.P. Sprint/Nextel Property Services Site ID: LRO3SW169 Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 with a mandatory copy to: Sprint/Nextel Law Department Attn: Real Estate Attorney Site ID: LRO3SW169 Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 SIGNATURES APPEAR ON THE FOLLOWING PAGE 1 Sprint/Nextel Site ID: LRO3SW169 IN WITNESS WHEREOF, the parties have executed this Amended Memorandum as of the day and year indicated below. Owner: City of Fayetteville, a municipal corporation Tenant: Southwest PCS, L.P., an Oklahoma limited partnership By: �" X44---'''•••••........._ By: :aine: OA Printed e: Michael Reed Title: f)1 i, l orc Title: Authorized Representative STATE OF LAV Laftin ss. COUNTY OF Jl i ► Lt ►i1 ) The foregoing instrument was (choose one) ['attested or► ackn wledged before me this5'day of Kt�JQXA �i(e l7 , 20 10 , by ®Li Dad d 3dan asCV on behalf of e corporate omito, r� A �i ao..Ct•• #123466• m of the City of Fayetteville, a municipal corporation, •J.itness ��°v CJ com x"'• a B Q. -le ix �� iii N °C( `'a` STATE OF KANSAS ) ) ss. COUNTY OF JOHNSON whereof I hereunto set my hand and official seal. W)cuta)(i)rairtuk_. NOTARY PUBLIC Acknowledgment by Corporation Pursuant to Uniform Acknowledgment Act The foregoing instrument was acknowledged before me this 7 day of 604 , 201(, by ;'ZZ(CX" on behalf of Southwest PCS, L.P., an Oklahoma limited partnership. In witness whereof I hereunto set my hand and official seal. +0.074P00,,, STATE OF KANSAS BRENDA E. BRADSHAW MIy Appt. Exp. 74-14-Z0)?--- 2 Sprint/Nextel Site ID: LRO3SW169 EXHIBIT A TO MEMORANDUM OF FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT Description of Real Property A portion of certain real property located at 1170 South Skyline Road, City of Fayetteville, County of Washington, State of Arkansas described as follows: A part of the SE 11'4 of the NE 1 f4 of Section 15, Township 16 North, Range 30 West, described as beginning at a point on the West Line of East Skyline Drive which is 1049.2 feet South, and 221.9 feet East of the NW comer of said 40 acre tract; and running thence North 42 Degrees and 20 Minutes West 100 feet, thence South 47 Degrees 40 Minutes West 100 feet, thence South 42 Degrees 20 Minutes East 100 feet to the West Line of East Skyline Drive, and thence along the curve of said Drive to the place of beginning, containing 0.23 acres more or less. 3 Tom Hubbard Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/2/2010 City Council Meeting Date Agenda Items Only Utilities Division Action Required: Utilities Department Captial Projects Department Approval of contract with Southwest PCS, also known as Sprint/Nextel Property Services LLP for cell antenna space on Mt. Sequoyah water tank. The space rent will increase $250.00 per month from the current rent of $2,500.00 to new rate of $2,750.00. Increase of $250.00 per month revenue Cost of this request 5400.0940.6450.00 Account Number N/A Project Number Budgeted Item X (LL., Financ nd Internal Services Director Chief of Staff Category / Project Budget Rent Program Category / Project Name Revenue Funds Used to Date Program / Project Category Name Water and Sewer Remaining Balance Fund Name Budget Adjustment Attached 1s0Cfr0 Date /a -is= /6 Date Date Date Previous Ordinance or Resolution # Original Resolution Date: Original Contract Number: 1-00 1/4/2000 Received in City Clerk's Office 10-15-10P03:24 RCVD Yk Received in Mayor's Office Comments: Revised January 15, 2009 av'Fe eville CITY COUNCIL AGENDA MEETING DATE OF: NOVEMBER 2, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Mayor Lioneld Jordan Thru: David Jurgens, Utilities Director Don Marr, Chief of Staff From: Tom Hubbard, Capital Projects Team Date: October 15, 2010 Subject: Approval of the First Amendment to the agreement with Sprint/Nextel, LP to continue the lease for the cellular antenna on the Mt. Sequoyah water tower RECOMMENDATION Staff recommends approval of First Amendment to the agreement with Southwest PCS, LP, also known as Sprint/Nextel property services to continue the lease for the cellular antenna on the Mt. Sequoyah water tower. BACKGROUND The original 10 -year agreement between the City of Fayetteville and Sprint/Nextel, for installation of an antenna, building and associated hardware, was approved 18 January 2000 at a monthly rental rate of $2,500. The land is owned by the Mt Sequoyah Methodist Assembly. September 9, 1958 the City of Fayetteville leased the land for the construction of a water tank; an amendment to that lease was made on December 14, 1999 relating to the installation of cell antennas. Per that amendment, the Methodist Assembly receives fifty percent (50%) of cellular antenna rent received for the site. DISCUSSION This Amendment involves permitting two 5 -year terms, the first 5 -year term at a monthly rental rate of $2,750. Rent will increase at the inception of each Renewal Term by ten percent (10%). Sprint/Nextel will continue to maintain its antennae, transmission lines, and equipment in good operating condition. Any damage caused by Sprint/Nextel in the installation or maintenance of equipment will be Sprint/Nextel's responsibility to repair. Sprint/Nextel has made all rent payments in a timely manner and has maintained its equipment. The tower is structurally designed to be able to handle the loads created by this antenna. Therefore, it is in the City's best interests to allow this antenna to be installed upon the water tower. BUDGET IMPACT An annual rental income to the Water and Sewer fund of $33,000 with 50% being sent to Mount Sequoyah Assembly as outlined in the lease contract. Mt. Sequoyah council review memo Sprint 10-11-2010final.doc MOUNT SEOJJOYAH RETREAT & CONFERENCE CENTER TRANQyILITYABOVE THE CITY September 28, 2010 Mr. Jason B. Kelley Assistant City Attorney City of Fayetteville, Arkansas 113 W. Mountain Street, Suite 302 Fayetteville, AR 72701-6083 Mr. Kelley, After reviewing the First Amendment to Water Tank Attachment Communication Site Lease Agreement, and, in consideration of the enclosed Terms, Rent, Access, Notices and Additional Terms and Conditions to such Amendment, I do approve of the First Amendment, as presented in September 2010, on behalf of Mount Sequoyah Center, Inc. 150 NW Skyline Drive, Fayetteville, AR 72701. Should you have any questions regarding this approval, please contact me, or our Accountant Ms. Ginny Wilson, at the Mount Sequoyah Center Office at 479.443.4531. Best Regards, Cdtt-e' MovN* SEQUOYAH John Altland Executive Director altlandOmountsequoyah.org http://www.mountsequoyah.org 800.760.8126 TOLL FREE 479.443.4531 PHONE 150 NW Skyline Drive • Fayetteville, AR 72701 • 479.443.4531 OFFICE • 479.443.4569 FAX • 800.760.8126 TOLL FREE • www.mountsequoyah.org RESOLUTION NO. A RESOLUTION APPROVING A LEASE AGREEMENT EXTENSION WITH SPRINT/NEXTEL PROPERTY SERVICES LLP FOR CELL ANTENNA SPACE ON THE MOUNT SEQUOYAH 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 Sprint/Nextel Property Services LLP for cell antenna space on the Mount Sequoyah 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