The URL can be used to link to this page

Home My WebLink About198-10 RESOLUTIONRESOLUTION NO. 198-10 A RESOLUTION APPROVING A SECOND AMENDMENT TO THE CONTRACT WITH FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS PROVIDING FOR INCREASED RENT OF $245.70 PER MONTH FOR CELLULAR ANTENNA SPACE ON THE GULLEY ROAD 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 second contract amendment, a copy of which is attached as Exhibit "A," to the contract with Fayetteville MSA Limited Partnership d/b/a Verizon Wireless providing for increased rent of $245.70 per month for cellular antenna space on the Gulley Road Water Tower. PASSED and APPROVED this 16th day of November, 2010. APPROVED: ATTEST: By:��'1�2 f)1 SO DRA E. SMITH, City Clerk/Treasurer Owner Site Name/ Location: Gulley Road Water Tank Tenant Site Name: Mall West Beta Offload 3265 Gulley Road. Fayetteville, AR 72703 Tenant Location Code: 228754 SECOND AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATIONS SITE AGREEMENT This Second Amendment to Water Tank Attach nt Communications Site Agreement ("Amendment") is made and entered into this 164day ofi,342012, by and between City of Fayetteville ("Owner") and Fayetteville MSA Limited Partnership d/b/a Verizon Wireless ("Tenant"). WHEREAS, Owner and Tenant previously entered into a Water Tower Attachment Communications Site Agreement dated the 20th day of October, 1999 whereby Owner agreed to lease to Tenant space on Owner's water tower and a certain parcel of land for the installation of a structure to house Tenant's equipment on a site owned by Owner; and WHEREAS, Owner and Tenant previously entered into a First Amendment to Water Tower Attachment Communications Site Agreement dated January 19, 2010 (collectively with the Water Tower Attachment Communications Site Agreement, the "Agreement") for the purpose of extending the term of the Agreement, among other items; and WHEREAS, Owner and Tenant desire to amend and modify the Agreement as provided for in this Amendment. NOW THEREFORE, for good and valuable consideration the sufficiency of which is acknowledged by both parties Owner and Tenant do hereby agree as follows: 1. Exhibit C. Exhibit C is hereby replaced and superseded with Exhibit C-1 attached hereto and incorporated herein. In the event of any discrepancy between Exhibit C and Exhibit C-1, Exhibit C-1 shall prevail. 2. Rent. Commencing December 1, 2010, monthly rent shall increase by Two Hundred Forty -Five and 70/100ths ($245.70) Dollars, partial months prorated. Thereafter, the increased rental amount shall increase pursuant to the terms of the Agreement. 3. Yearly Inspections. Owner and Tenant agree and acknowledge that Tenant will be utilizing epoxy to attach the additional antennas to the Water Tower. Tenant agrees that it will inspect such attachments on a yearly basis, on or around the anniversary date of the installation of the additional antennas. The inspection must be coordinated in advance with Owner and Owner shall have the right to attend such inspection. 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 Amendment contain all agreements, promises or understandings between Owner and Tenant and no verbal or oral agreements, promises or understandings shall be binding upon 1 Owner Site Name/ Location: Gulley Road Water Tank Tenant Site Name: Mall West Beta Offload 3265 Gulley Road. Fayetteville, AR 72703 Tenant Location Code: 203600 either the Owner or Tenant in any dispute, controversy or proceeding at law, and any addition, variation or modification to the Agreement and Amendment shall be void and ineffective unless made in writing and signed by the parties. In the event any provision of the Agreement and 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 Amendment. IN WITNESS WHEREOF, Owner and Tenant have executed this Agreement as of the date first written above. OWNER: CITY OF FAY TTEVILLE By: » .. Mayor Date: /M/e., TENANT: FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS By: Alltel Com Its General By: Date: , LLC Hans F. Leutenegger Area lice Pr sident twork 2 Owner Site Name/ Location: Gulley Road Water Tank Tenant Site Name: Mall West Beta Offload 3265 Gulley Road. Fayetteville, AR 72703 Tenant Location Code: 203600 EXHIBIT C-1 EQUIPMENT DESCRIPTION ANTENNA INFORMATION ANTENNAS: Three (3) Antel BXA-80063-4CF5 antennas @ 123' A.G.L. rad center Three (3) Antel BXA-70063-4CF antennas @ 123' A.G.L. rad center Orientation: 20°/ 140°/ 260° Diameter of transmission line: Not to exceed 7/8" Size of Equipment Shelter: _ x 3 Tom Hubbard Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/16/2010 City Council Meeting Date Agenda Items Only Utilities Division Action Required: Utilities Captial Projects Department Approval of of the second amendment to the agreement with Verizon/ Fayetteville MSA Limited Partnership to increase the mid -year rent charge and yearly inspection for the cellular antenna on the Gulley Road water tower. Increase of $245.70 per month revenue Cost of this request 5400.0940.6450.00 Account Number N/A Project Number Budgeted Item X 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 ► ,l Dep. ent Di -ctor I• 74d7-4-7, City orney Finance and Internal Services Director octo Date Date 10 - Li2^200 Date /P:27.-/6 Date Previous Ordinance or Resolution # Original Resolution Date: Original Contract Number: 11-10 1/19/2010 Received in City Clerk's Office 10-26-10A10:37 RCVD ^/ Received in Mayor's Office Comments: Revised January 15, 2009 �F velleville CITY COUNCIL AGENDA MEETING DATE OF: NOVEMBER 16, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Thru: From: Mayor Lioneld Jordan David Jurgens, Utilities Director y Don Marr, Chief of Staff Tom Hubbard, Capital Projects Team Date: October 26, 2010 Subject: Approval of the Second Amendment to the agreement with Verizon/ Fayetteville MSA Limited Partnership to adjust mid-term rent charges for the cellular antenna on the Gulley Road water tower. RECOMMENDATION Staff recommends approval of the second amendment to the agreement with Verizon/ Fayetteville MSA Limited Partnership to increase the mid -year rent charge and yearly inspection for the cellular antenna on the Gulley Road water tower. BACKGROUND The original 5 -year agreement between the City of Fayetteville and Verizon/Alltel, for installation of an antenna, building and associated hardware, began on 21 September 1999 at a monthly rental rate of $1,000. The agreement allowed for two 5 -year renewal terms, the first of which began in September 2004 at a monthly rental rate of $1,200. December 2009 the City amended the current contract for another 5 -year agreement and a new monthly rental rate of $1,440.00 ($17,280.00 yearly), as agreed upon in the original agreement. With each renewal the rent will increase by twenty percent (20%) at the inception of each renewal term. DISCUSSION This amendment involves increasing the monthly rental amount $245.70 this amount will increase the monthly rent to $1,685.70 ($20,228.40 yearly). Verizon plans to change out three existing large antiquated antennas with six smaller antennas; the net size comparison of the antennas are the same. Upon structural analysis review it's noted that the new antennas will require a structural epoxy plate and yearly inspections by Verizon. With these requirements, Verizon's work meets all City requirements. The tower antenna design was structurally designed and reviewed and found to be able to handle the loads created by the antennas. 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 $20,228.40. Gulley Road Water Tnk council review memo 10-26-2010 fmal.doc RESOLUTION NO. A RESOLUTION APPROVING A SECOND AMENDMENT TO THE CONTRACT WITH FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS PROVIDING FOR INCREASED RENT OF $245.70 PER MONTH FOR CELLULAR ANTENNA SPACE ON THE GULLEY ROAD 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 second contract amendment, a copy of which is attached as Exhibit "A," to the contract with Fayetteville MSA Limited Partnership d/b/a Verizon Wireless providing for increased rent of $245.70 per month for cellular antenna space on the Gulley Road Water Tower. PASSED and APPROVED this 16th day of November, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer