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HomeMy WebLinkAbout223-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 223-22 File Number: 2022-0882 ALLTEL CORPORATION DBA VERIZON WIRELESS FIFTH AMENDMENT: A RESOLUTION TO APPROVE THE FIFTH AMENDMENT TO THE WATER TOWER ATTACHMENT COMMUNICATIONS SITE AGREEMENT WITH ALLTEL CORPORATION D/B/A VERIZON WIRELESS TO ALLOW VERIZON TO REPLACE THE CELLULAR COMMUNICATIONS EQUIPMENT ON THE OLDER OF THE TWO GULLEY ROAD ELEVATED WATER STORAGE TANKS 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 Fifth Amendment to the Water Tower Attachment Communications Site Agreement with Alltel Corporation d/b/a Verizon Wireless to allow Verizon to replace the cellular communications equipment on the older of the two Gulley Road elevated water storage tanks, and authorizes Mayor Jordan to sign this amendment, a copy of which is attached to this Resolution. PASSED and APPROVED on 10/4/2022 Approved: ri►ir" Ty FAYtT�;, ti Attest: '•,y' qr.�� t� • Kara Pa ton, City Clerk Treasurer Page 1 Printed on 1015122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0882 Agenda Date: 10/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq Agenda Number: A.6 File Type: Resolution ALLTEL CORPORATION DBA VERIZON WIRELESS FIFTH AMENDMENT: A RESOLUTION TO APPROVE THE FIFTH AMENDMENT TO THE WATER TOWER ATTACHMENT COMMUNICATIONS SITE AGREEMENT WITH ALLTEL CORPORATION D/B/A VERIZON WIRELESS TO ALLOW VERIZON TO REPLACE THE CELLULAR COMMUNICATIONS EQUIPMENT ON THE OLDER OF THE TWO GULLEY ROAD ELEVATED WATER STORAGE TANKS 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 Fifth Amendment to the Water Tower Attachment Communications Site Agreement with Alltel Corporation d/b/a Verizon Wireless to allow Verizon to replace the cellular communications equipment on the older of the two Gulley Road elevated water storage tanks, and authorizes Mayor Jordan to sign this amendment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 101512022 City of Fayetteville Staff Review Form 2022-0882 Legistar File ID 10/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 9/15/2022 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a Fifth Amendment to the Water Tower Attachment Communications Site Agreement with Alltel Corporation D/B/A Verizon Wireless to allow Verizon to replace equipment on the older of the two Gulley Road elevated water storage tanks. Budget Impact: N/A N/A Account Number N/A Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund N/A Project Title $ - Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: September 15, 2022 CITY COUNCIL MEMO SUBJECT: Verizon - Fifth Amendment to Communications Lease on Gulley Water Tank RECOMMENDATION: Staff recommends the approval of a Fifth Amendment to the Water Tower Attachment Communications Site Agreement with Alltel Corporation D/B/A Verizon Wireless to allow Verizon to replace equipment on the older of the two Gulley Road elevated water storage tanks. BACKGROUND: Since October 1999, Verizon has leased space on the Gulley water tank for their cell antennas and associated equipment. There have been four amendments to the original lease, most of which were equipment modifications like this proposed Fifth Amendment. DISCUSSION: The Fifth Amendment outlines a new exhibit C-3 with a revised equipment list. The current equipment will only be replaced, and the exhibit lists the same number of antennas, remote radio heads, and a surge protector. Verizon also has an existing equipment shelter and generator pad. No new equipment will be added. City staff required Verizon to hire a structural engineer to climb the tank and verify that the tank will support the proposed equipment. The tank has ample structural capacity for the proposed equipment. The current agreement with Verizon has a 20% increase in rent per 5-year term, which is a fair return for the City. Staff recommends approval of the Fifth Amendment to the current communications lease with Verizon to allow them to replace their equipment on the Gulley elevated storage tank. BUDGET/STAFF IMPACT: None. Attachments: Fifth Amendment to Water Tower Attachment Communications Site Agreement Exhibits Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DocuSign Envelope ID: 92986461-A9D6-4EED-BFAO-9B28188786A5 Owner Site: Gulley Road Water Tank, 3265 Gulley Road, Fayetteville, AR 72703 Tenant Site: Mall West Beta Offload/228754 FIFTH AMENDMENT TO WATER TOWER ATTACHMENT COMMUNICATIONS SITE AGREEMENT This Fifth Amendment to Wr Tower achment Communications Site Agreement ("Amendment") is entered into this day of 20Z2-, by and between City of Fayetteville ("OWNER"), with a mailing address of 113 West Mountain Street, Fayetteville, Arkansas 72701, and Alltel Corporation d/b/a Verizon Wireless ("TENANT"), with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920. The 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, and as amended by that certain Fourth Amendment to Water Tower Attachment Communications Site Agreement dated October 1, 2019 (collectively, the "Agreement"), pursuant to which OWNER leases to TENANT a portion of OWNER's property located at 3265 Gulley Road, Fayetteville, Arkansas 72703; and WHEREAS, the Parties desire to amend the Agreement to modify the TENANT'S equipment as set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Any capitalized terms used in this Amendment that are not defined herein have the meanings given those terms in the Agreement. 2. OWNER and TENANT agree to modify TENANT's equipment as described on Exhibit C-3, attached hereto and incorporated herein by reference. 3. Exhibit C-2 of the Agreement is deleted in its entirety and replaced with Exhibit C- 3, attached hereto and incorporated herein by reference. All references to Exhibit C, Exhibit C-1 and Exhibit C-2 in the Agreement are hereafter references to Exhibit C-3. 4. OWNER and TENANT each hereby warrant to the other that the person executing this Amendment on behalf of the warranting Party has the full right, power and authority to enter into, and execute, this Amendment on that 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. 4867-9392-2061v1 3000002-201843 DocuSign Envelope ID: 92986461-A9D6-4EED-BFAO-9B28188786A5 5. Except as specifically provided in this Amendment, the Agreement shall remain in full force and effect and shall continue to be binding upon, and enforceable against, OWNER and TENANT in accordance with its terms. All covenants, terms and obligations of the Agreement not modified by this Amendment are hereby ratified and affirmed. The terms and provisions of this Amendment shall control in the event of any inconsistency or discrepancy between the Agreement and this Amendment. [Signature Pages Follow] 4867-9392-2061v1 3000002-201843 DocuSign Envelope ID: 92986461-A9D6-4EED-BFAO-9B28188786A5 IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the day and year first above written. .�1►t11 No DI.�A City o7ryettev, By: Printed Nani Title: Date: TENANT: Alltel Corporation d/b/a Verizon Wireless By: rDocuftnelId by: V AM� David Kilian Printed Name: Title: Senior Manager - RE/Regulatory Date: jul 19, 2022 4867-9392-2061v1 3000002-201843 DocuSign Envelope ID: 92986461-A9D6-4EED-BFAO-9B28188786A5 Exhibit C-3 EQUIPMENT DESCRIPTION Antenna/Tower Equipment: • Three (3) Commscope NHH-65C-R2B antennas (or like kind) • One (1) Amphenol BXA-80063-4CF-EDIN-0 (or like kind) • Two (2) Amphenol BXA-80063-4CF-EDIN-5 (or like kind) • Three (3) Samsung 132/1366A RRH-BR049 (RFV01U-D1A) (or like kind) • Three (3) Samsung B5/B13 RRH-BR04C (RFV01U-D2A) (or like kind) • One (1) Raycap RVZDC-6627-PF-48 (or like kind) • Six (6) 7/8" coaxial cables • One (1) hybrid cable Ground Equipment: • Equipment Shelter: 27'6" x 11'5" • Generator Pad: 4' x 10' 4867-9392-2061v1 3000002-201843 DocuSign Certificate Of Completion Envelope Id: 9298646lA9D64EEDBFA09B28188786A5 Subject: MALL BETA/P1800739/Felipe Martinez Review Approved 7-19-22NZ manager to sign. Source Envelope: Document Pages: 4 Signatures: 1 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 7/19/2022 3:35:34 PM Signer Events David Kilian david.kilian@verizonwireless.com Senior Manager - RE/Regulatory Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/19/2022 8:06:18 PM ID:058cObe6-Odff-4425-8333-30c742aa3a2e Lioneld Jordan Mayor@fayetteville-ar.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Carlos Sosa carlos.sosa@verizonwireless.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: felipe felipe.martinez@verizonwireless.com Signature EDII"Sil"Id by: �Dc �UAIA. MAKB9695MA3... Signature Adoption: Pre -selected Style Using IP Address: 73.77.124.54 Signed using mobile Signature Status Status Status Status Status OPIED Kathy Taylor PI E � ktaylor@foresitetowers.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status: Sent Envelope Originator: felipe felipe.martinez@verizonwireless.com IP Address: 69.78.1.236 Location: DocuSign Timestamp Sent: 7/19/2022 3:39:21 PM Viewed: 7/19/2022 8:06:18 PM Signed: 7/19/2022 8:06:55 PM Sent: 7/19/2022 8:06:56 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 7/19/2022 3:39:21 PM Viewed: 7/20/2022 7:12:53 AM Sent: 7/19/2022 3:39:22 PM Viewed: 8/18/2022 1:32:53 PM Carbon Copy Events Kelli Cantey kcantey@bakerdonelson.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status COPIED Kelly Rodgers COPIED kelly.rodgers@verizonwireless.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Summer Hall PI E D smhall@bakerdonelson.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Signature Signature Status Hashed/Encrypted Timestamp Sent: 7/19/2022 3:39:22 PM Sent: 7/19/2022 3:39:22 PM Sent: 7/19/2022 3:39:23 PM Viewed: 7/20/2022 5:48:34 AM Timestamp Timestamp Timestamps 7/19/2022 3:39:23 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 9/23/2020 1:45:36 PM Parties agreed to: David Kilian ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, VBG Network Real Estate (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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