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Home My WebLink About123-11 RESOLUTIONRESOLUTION NO. 123-11 A RESOLUTION TO APPROVE THE THIRD AMENDMENT OF THE WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT OF DECEMBER 2009 TO ALLOW NEW AND ADDITIONAL CELL PHONE ANTENNAS TO BE PLACED UPON THE GULLEY ROAD WATER TOWER BY VERIZON 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 the Third Amendment of the Water Tower Attachment Communication Site Agreement of December 2009 to allow new and additional cell phone antennas to be placed upon the Gulley Road Water Tower by Verizon and authorizes Mayor Jordan to sign this Third Amendment (attached). PASSED and APPROVED this 19th day of July, 2011. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer Allison Atha Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 19 -Jul -11 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Approval of the Third Amendment to the Agreement with Verizon/ Fayetteville MSA Limited Partnership to allow the addition of a generator, three cellular antennas, and replace six cellular antennas on the Gulley Road water tower. N/A Cost of this request N/A Account Number N/A Project Number Budgeted Item Depant Dir to t,„,‘ Finance and Internal Services Director 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 Date 7- 5-3,011 Date 17-5-// Date ?Ali( Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 11-10, 198-10 1/19/2010 07-01-11P03:10 RCVD Received in City Clerk's Office Comments: Revised January 15, 2009 ttvUe CITY COUNCIL AGENDA MEETING DATE OF: JULY 19, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan David Jurgens, Utilities Director Don Marr, Chief of Staff Water/Sewer/Solid Waste Comm t ee From: Allison Atha, Utilities Capital Projectj< Date: July 01, 2011 Subject: Approval of the Third Amendment to the agreement with Verizon/ Fayetteville MSA Limited Partnership to add and replace existing equipment on the Gulley Road water tower RECOMMENDATION Staff recommends approval of the Third Amendment to the Agreement with Verizon/ Fayetteville MSA Limited Partnership to allow the addition of a generator, three cellular antennas, and replace six cellular antennas on the Gulley Road water tower. BACKGROUND The original 5 -year lease agreement between the City of Fayetteville and Verizon/Alltel was approved 21 September 1999. In December 2009, the City and Verizon agreed to the current lease contract for another 5 years. The rent (revenue to the City) increases by twenty percent (4% per year) at the beginning of each five year renewal term. The 2009 contract has been amended twice, updating rental rates and specific renter details, including the requirement for annual structural inspections. The current monthly rent is $1,685.70 ($20,228.40 annually). DISCUSSION With this amendment, Verizon is contractually allowed to install a generator, change out six existing antiquated antennas, and add three new antennas. The tower antenna mountings were structurally designed to carry the load of these type antennas. Verizon's installation design has been reviewed and is able to handle the loads created by the antennas. Therefore, it is in the City's best interest to allow this antenna to be installed upon the water tower. The rates agreed to in the most recent contract amendment are appropriate for the service provided. BUDGET IMPACT None. Gulley Verizon Amend3 CC Memo Jull 1 modified.doc RESOLUTION NO. A RESOLUTION TO APPROVE THE THIRD AMENDMENT OF THE WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT OF DECEMBER 2009 TO ALLOW NEW AND ADDITIONAL CELL PHONE ANTENNAS TO BE PLACED UPON THE GULLEY ROAD WATER TOWER BY VERIZON 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 the Third Amendment of the Water Tower Attachment Communication Site Agreement of December 2009 to allow new and additional cell phone antennas to be placed upon the Gulley Road Water Tower by Verizon and authorizes Mayor Jordan to sign this Third Amendment (attached). PASSED and APPROVED this 19th day of July, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA 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: 203600 THIRD AMENDMENT TO WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT This Third Amendment to Water Tower Attachment Communication Site Agreement ("Amendment") is made and entered into this littlay of 2011, by and between City of Fayetteville ("Owner") and Fayetteville MSA Limited Partnership /a Verizon Wireless ("Tenant"). WHEREAS, Owner and Tenant previously entered into a Water Tower Attachment Communication 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 and Second Amendment to Water Tower Attachment Communications Site Agreement dated November 16, 2010 (collectively with the Water Tower Attachment Communication Site Agreement, the "Agreement"); 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 B. Exhibit B is hereby replaced and superseded with Exhibit B-1 attached hereto and incorporated herein. In the event of any discrepancy between Exhibit B and Exhibit B-1, Exhibit B-1 shall prevail. 2. Exhibit C-1. Exhibit C-1 is hereby replaced and superseded with Exhibit C-2 attached hereto and incorporated herein. In the event of any discrepancy between Exhibit C-1 and Exhibit C-2, Exhibit C-2 shall prevail. 3. 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. 4. 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 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. 1 Owner Site Name/ Location: Gulley Road Water Tank 3265 Gulley Road. Fayetteville, AR 72703 IN WITNESS WHEREOF, Owner and Tenant have written above. OWNER: L'oneld May Dater TENANT: FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS By: Alltel Com u ' ic., ions, LLC Its: General By: n F. Le tenegger Are. Vic President Network Date: \‘) \a\ 2D 1 \ 2 Tenant Site Name: Mall West Beta Offload Tenant Location Code: 203600 executed this Agreement as of the date first x x � k W Cr, N Edge of Concrete (Bose of {Pater Tank) x x EXHIBIT B-1 t90'-3"EXIST. CHAIN FENCE x TENANT 27'6" x 11'5" SHELTER CO x (+/-)10' `4I -------- -14.13---..._ EXIST. I I I I I_ Ex$T v21 ' GEN PAD 11111 UNDERGROUND .. 11111 CONDUIT FOR COO' TENANT 4'x10' CONCRETE GENERATOR PAD NANT UNDERGROUND CONDUIT FROM GEN. TO ATS. TENANT GEN. 12x12 JUNCTION BOX, REMOVE GEN. PLUG & INSTALL Perimeter of Elevated Writer Tank ABOVE EXIST. FENCE COMPOUND x x x x X x MALL WEST BETA OFF LOAD - AR. LEASE EXHIBIT SCALE: NTS 25 APRIL 2011 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-2 EQUIPMENT DESCRIPTION ANTENNA INFORMATION ANTENNAS: Three (3) Antel BXA-80063-4CF5 antennas @ 123' A.G.L. rad center Three (3) Ante! BXA-70063-4CF antennas @ 123' A.G.L. rad center Orientation: 207 1407 260° Diameter of transmission line: Not to exceed 7/8" GROUND EQUIPMENT INFORMATION Size of Equipment Shelter: 27'6" x 11'5" Size of Generator Pad: 4' x 10' for placement of generator 4 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 PREPARED BY AND AFTER RECORDING RETURN TO: PENNINGTON LAW FIRM, L.L.C. POST OFFICE BOX 2844 COLUMBIA, SOUTH CAROLINA 29202 STATE OF ARKANSAS COUNTY OF WASHINGTON ► MEMORANDUM OF THIRD AMENDMENT TO WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT This Memorandum of Third Amendment to Water Tower Attachment Communication Site Agreement ("Memorandum") is made this Iq day of U(AM , 21Th h , between CITY OF FAYETTEVILLE (hereinafter "OWNER") and FAYETTEVILLE MSA LIMITED PARTNERSHIP d/b/a Verizon Wireless (hereinafter "TENANT"). WHEREAS, OWNER and TENANT (and/or their respective predecessors in interest) previously entered into a prior agreement dated October 20, 1999 (the "Agreement"), as may have been previously amended and; WHEREAS, this Memorandum is not intended to supersede, replace, release TENANT's rights under any prior recorded Memorandum; or 1. OWNER and TENANT entered into a Third Amendment to Water Tower Attachment Communication Site Agreement (the "Amendment") dated , 20k, which amends that certain Water Tower Attachment 1 Communication Site Agreement dated October 20, 1999 (the "Agreement"), between OWNER and TENANT and/or their respective predecessors -in -interest, whereby OWNER leases space to TENANT at a certain parcel located in Washington County, Arkansas as described in the Agreement. 2. Pursuant to the terms of the Amendment, the property leased by TENANT from OWNER has been modified as shown on Exhibit 1 attached hereto and made a part hereof. 3. The terms, covenants and provisions of the Agreement and this Amendment shall extend to and be binding upon the respective administrators, successors and assigns of OWNER and TENANT. IN WITNESS WHEREOF, hereunto OWNER and TENANT have caused this Memorandum to be duly executed on the day and year first written above. OWNER: CITY OF FAYETTVILLE ioneld Title: Mayor Date: TENANT: FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS By: Alltel Its: Gener By: Name: Hans F. Leutenegger Title: Area Vice President Network Date: ications, LLC 2 (fp \ 20 (Seal) (Seal) OWNER ACKNOWLEDGEMENT I,a Notary Public for the aforesaid State and County, do hereby certify that Lioneld Jordan, to me personally known, who, being by me duly sworn, did say that he is the Mayor, of CITY OF FAYETTEVILLE, and that he, as Mayor, being authorized to do so, executed the foregoing Instrument on behalf of CITY OF FAYETTEVILLE. �,��r�� WITNESS my hand and official Notari Seal, this as lay of JLUft , 201 I.U•SOCC \\AiiA - J_Aiouria My Commission Expires: 3 Notary Public �oA�N BRANS; STATE OF NORTH CAROLINA TENANT ACKNOWLEDGEMENT COUNTY OF MECKLENBURG 1 1, Lynne Carlisle , a Notary Public for I\ \ County and State of North Carolina, do hereby certify that Hans F. Leuter{ gger, to me personally known, who, being by me duly sworn, did say that he is Area Vice President Network of Alltel Communications, LLC, general partner of, FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, and that he, as Area Vice President Network, being authorized to do so, executed the foregoing Instrument on behalf of FAYETTEVILLE MSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS. WI I NESS my hangma,,fiztttS FLJMofariai Seal, Notary Public, North Carolina County of Mecklenburg LYNNE CARLISLE My tiorphR chi i rgpires March 20, 2016 4 this a' day of Noary Public , 201. EXHIBIT 1 SITE PLAN [SEE ATTACHED] 5 W L x x Edge of Concrete (Bose of Water Tank) x EXHIBIT 1 t90"-3" EXIST, NLINK FENCE TENANT 276" x 11'5" SHELTER (+/-)10' ExIs1. I I I I I EXIST. VZW GEM PAD IIIII UNDERGROUND 11111 CONDUIT FOR COAX ffjjj TO TOWER x Existing Elevated Water Tank TENANT 4'x10' CONCRETE GENERATOR PAD TENANT UNDERGROUND CONDUIT FROM GEN. TO ATS. TENANT GEN. 12x12: JUNCTION BOX, REMOVE GEN. PLUG & INSTALL Perimeter of Elevoted Water Tank ABOVE EXIST. FENCE COMPOUND U • k M x x x x x x x x MALL WEST BETA OFF LOAD - AR. LEASE EXHIBIT SCALE: NTS 25 APRIL 2011