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:
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Attest: '•,y' qr.��
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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
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