HomeMy WebLinkAbout225-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 225-19
File Number: 2019-0600
VERIZON WIRELESS FOURTH AMENDMENT:
A RESOLUTION TO APPROVE THE FOURTH AMENDMENT TO THE WATER TOWER
ATTACHMENT COMMUNICATIONS SITE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A
VERIZON WIRELESS TO EXTEND THE LEASE FOR TWO ADDITIONAL FIVE-YEAR TERMS AND
INCREASE THE RENTAL AMOUNT FOR CELLULAR COMMUNICATIONS EQUIPMENT ON THE
GULLEY PARK WATER TANK
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 Fourth
Amendment to the Water Tower Attachment Communications Site Agreement with Cellco Partnership
d/b/a Verizon Wireless for the purpose of extending the lease for two additional five year terms and
increasing the rental amount, and authorizes Mayor Jordan to sign this amendment, a copy of which is
attached to this Resolution.
PASSED and APPROVED on 10/1/2019
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Attest:
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Lisa Branson, Deputy City Cl ON 0 `
Page 1 Printed on 1012119
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2019-0600
Legistar File ID
10/1/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/12/2019 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of the Fourth Amendment to the Water Tower Attachment Communications Site
Agreement with Cellco Partnership d/b/a Verizon Wireless to renew the lease terms and increase the rental
amount of the lease for cellular communications equipment on the Gulley Water Tank.
Budget Impact:
N/A N/A
Account Number
N/A
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
N/A
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 1, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: September 12, 2019
CITY COUNCIL MEMO
SUBJECT: Verizon Wireless — Fourth Amendment to the Lease for Cellular
Communications Equipment on the Gulley Water Tank
RECOMMENDATION:
Staff recommends the approval of the Fourth Amendment to the Water Tower Attachment
Communications Site Agreement with Cellco Partnership d/b/a Verizon Wireless to renew the
lease terms and increase the rental amount of the lease for cellular communications equipment
on the Gulley Water Tank.
BACKGROUND:
On October 20, 1999, the City of Fayetteville made an agreement with Fayetteville MSA Limited
Partnership (a subsidiary of Alltel Communications, which later became Verizon Wireless) to
allow them to place cellular communications equipment on the Gulley Water Tank located at
3265 North Gulley Road. The First, Second, and Third Amendments to the original agreement
regarded changes to equipment, renewal terms and rental amount increases.
DISCUSSION:
The Fourth Amendment to the Water Tower Attachment Communications Site Agreement will
continue the lease with Verizon Wireless for two (2) additional terms of five (5) years each,
commencing on October 20, 2019. The rental price of the lease will also increase 20% from
$2,022.84 to $2,427.41. Each renewal term, the rental amount will automatically increase 20%
from the previous term's amount.
BUDGET/STAFF IMPACT:
The rental amount that Verizon Wireless currently pays the City will increase to $2,427.41 upon
execution of this Amendment.
Attachments:
1. Fourth Amendment to Water Tower Attachment Communications Site Agreement
2. Memorandum of Fourth Amendment to Water Tower Attachment Communications Site
Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Owner Site Name/Location: Gulley Road Water Tank Tenant Site Name/Location: Mall West Beta Offload / 228754
3265 Gulley Road, Fayetteville, AR 72703
FOURTH AMENDMENT TO WATER TOWER ATTACHMENT
COMMUNICATIONS SITE AGREEMENT
This Fourth Amendment to Water Tower Attachent Communications Site
Agreement (this "Amendment") is made this 1 day of OC+0�err , 2011, by
and between City of Fayetteville, hereinafter "Owner", and Cellco Partnership d/b/a
Verizon Wireless, hereinafter "Tenant". Owner and Tenant are at times collectively referred
to hereinafter as the "Parties" or individually as the "Party".
WHEREAS, Owner and Tenant, as successor in interest to Fayetteville MSA
Limited Partnership, are Parties to that certain Water Tower Attachment Communications
Site Agreement dated October 20, 1999, as amended by that certain First Amendment to
Water Tower Attachment Communications Site Agreement dated January 19, 2010, as
amended by that certain Second Amendment to Water Tower Attachment Communications
Site Agreement dated November 16, 2010, as amended by that certain Third Amendment to
Water Tower Attachment Communications Site Agreement dated July 19, 2011 (collectively,
the "Agreement"), whereby Tenant leases from Owner certain space located at 3265 Gulley
Road, Fayetteville, Arkansas 72703 Agreement;
WHEREAS, Owner and Tenant desire to amend the Agreement in order to extend
the term as hereinafter described.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree to be legally bound to
this Amendment as follows:
Renewal. Tenant shall have the right to extend this Agreement for two (2) additional
terms of five (5) years each (the "Renewal Term (s)") on the same terms and
conditions as set forth in the Agreement, with the first of such Renewal Terms
commencing on the 20th day of October, 2019. Unless Tenant notifies Owner of
its election not to exercise any Renewal Term at least 30 days prior to the
expiration of the then -current Renewal Term, each Renewal Term shall
automatically be exercised without notice or other action by any kind by Tenant.
2. Rent. Beginning on October 20, 2019, Tenant shall pay Owner the sum of $2,427.41
per month as rental. Rent shall continue to increase at the inception of any
Renewal Term by twenty percent (20%).
3. Notice. Tenant's Notice Address shall be amended as follows:
Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attn: Network Real Estate
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Owner Site Name/Location: Gulley Road Water Tank Tenant Site Name/Location: Mall West Beta Offload / 228754
3265 Gulley Road, Fayetteville, AR 72703
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 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. Each
of the Parties hereto warrants to the other that the person or persons executing this
Amendment on behalf of such party has the full right, power and authority to enter
into and execute this Amendment on such Party's behalf and that no consent from any
other person or entity is necessary as a condition precedent to the legal effect of this
Amendment.
(SIGNATURES TO FOLLOW)
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Owner Site Name/Location: Gulley Road Water Tank Tenant Site Name/Location: Mall West Beta Offload / 228754
3265 Gulley Road, Fayetteville, AR 72703
IN WITNESS WHEREOF, the parties have set forth their hand and seal as of the date
indicated above.
1'4�imyn-
WITNESS
4836-0755-4463vl
3000002-201129 08/08/2019
OWNER:
TENANT:
Cellco Partnership d/b/a Verizon
Wireless
Na Jason Leikcr
Title: Director - Network Field
Engineering
Date: 'F - 3y - (7
Owner Site Name/ Location: Gulley Road Water Tank
3265 Gulley Road. Fayetteville, AR 72703
PREPARED BY AND
AFTER RECORDING RETURN TO:
Tenant Site Name: Mall West Beta Offload
Tenant Location Code: 228754
BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ P.C.
1501 MAIN STREET, SUITE 310
COLUMBIA, SOUTH CAROLINA 29201
STATE OF ARKANSAS
COUNTY OF WASHINGTON
MEMORANDUM OF FOURTH AMENDMENT TO
WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT
This Memorandum of Third Amendment to Water Tower Attachment Communication
Site Agreement ("Memorandum") is made this 1 day of QCf0bef_, 20 1 q , between
CITY OF FAYETTEVILLE (hereinafter "OWNER") and CELLCO PARTNERSHIP d/b/a
Verizon Wireless (hereinafter "TENANT").
WHEREAS, OWNER and TENANT (and/or their respective predecessors in interest)
Owner and Tenant, as successor in interest to Fayetteville MSA Limited Partnership, are Parties
to that certain Water Tower Attachment Communications Site Agreement dated October 20,
1999, as amended by that certain First Amendment to Water Tower Attachment
Communications Site Agreement dated January 19, 2010, as amended by that certain Second
Amendment to Water Tower Attachment Communications Site Agreement dated November 16,
2010, as amended by that certain Third Amendment to Water Tower Attachment
Communications Site Agreement dated July 19, 2011 (collectively, the "Agreement"), whereby
Tenant leases from Owner certain space located at 3265 Gulley Road, Fayetteville, Arkansas
72703 Agreement, being the same parcel described in Instruments No. 2010-00003533 and
Instrument No. 2011-00022300, both filed in the records of the Circuit Clerk of Washington
County, Arkansas;
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WHEREAS, this Memorandum is not intended to supersede, replace, or release
TENANT's rights under any prior recorded Memorandum;
1. OWNER and TENANT entered into a Fourth Amendme t to Water Tower
Attachment Communication Site Agreement (the "Amendment") dated KTQp Qf ,1 , 20B,
which amends that certain Water Tower Attachment 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 Amendment, commencing October 20, 2019, the Lease shall be
automatically extended for two (2) additional five (5) year renewal terms, unless the TENANT
elects not to renew at the end of the then current term by giving the OWNER written notice of
the same thirty (30) days prior to the end of the then current term.
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.
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IN WITNESS WHEREOF, hereunto OWNER and TENANT have caused this
Memorandum to be duly executed on the day and year first written above.
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Witness
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4838-6937-1295vl
3000002-201129 08/08/2019
OWNER:
CITY OF CETT LE
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Date: U11,11— I cl
TENANT:
Cellco Partnership
By: at I ✓� (Seal)
Namvlason Leiker
Title: Director - Network Field Engineering
Date: 'P-30 -19
STATE OF ARKANSAS
OWNER ACKNOWLEDGEMENT
COUNTY OF WASHINGTON
I, K klm lti Yjo Iti cf n , a Notary Public for the aforesaid State and County, do hereby
certify that I.%onCU 50y-d-c,n , 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.
WITNESS my hand and official Notarial Seal, this day off, 20I°� .
Notary Pub1,1c
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STATE OF TEXAS
COUNTY OF HARRIS
TENANT ACKNOWLEDGEMENT
a Notary Public for said County and State, do hereby certify
that Jason Leiker, to me personally known, who, being by me duly sworn, did say that lie is
Director - Network Field Engineering of CELLCO PARTNERSHIP D/B/A VERIZON
WIRELESS, and that he, as Director - Network Field Engineering, being authorized to do so,
executed the foregoing Instrument on behalf of CELLCO PARTNERSHIP D/B/A VERIZON
WIRELESS.
WITNESS my hand and official Notarial Seal, this *y of k)Fj)--- '2019
Notary PLIMIC
My Comi sion xpires:
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eR"''.LISA L. WOODNotary ID #130424 888MyCommission Expires ar ` October 29, 2019