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Staff REPORT
Public Hearing ITEM
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| | | | | | | | SUBJECT:
| First Amendment to AT&T Water Tower Communications Site Lease Agreement (Dale Lehnig)
| DATE OF MEETING:
| May 23, 2023
| | Staff CONTACT(S): | Andrea Broshkevitch, Engineering, Planning & Development |
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SUMMARY and RECOMMENDATIONS:
The existing New Cingular Wireless PCS, LLC, a Delaware Limited liability company, Water Tower Communications Site Lease Agreement was effective on June 1, 2019, and is included with this report as Attachment 1. New Cingular Wireless PCS, LLC, managed by AT&T Mobility Corporation, has requested to make certain changes, additions, and modifications to the existing facilities which occupy a portion of the Town’s water tower (“Water Tower”) grounds, this request has prompted the need for a revision to the 2019 lease agreement. The 2019 lease agreement includes certain conditions pertaining to the accessory equipment shelter area on the ground below the water tower. The attached First Amendment to Water Tower Communications Site Lease Agreement (Attachment 2) provides Town consent for the requested modifications and includes updated plans identifying the changes. The Town worked with outside counsel and representative for New Cingular Wireless PCS, LLC to develop the First Amendment presented in this report. Town Staff recommends the approval of the First Amendment.
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BACKGROUND:
The Town currently has leases with three major cellular carriers with equipment located on the water tower site. New Cingular Wireless PCS, LLC, managed by AT&T Mobility Corporation, has been a good tenant and has consistently made timely lease payments. The lease agreement that was approved by the Town Council and was effective in 2019 allowed for (1) space on the Water Tower for attaching antennas and ancillary equipment; (2) an accessory equipment shelter on the ground below the Water Tower, approximately 25 feet by 12 feet in area (the “Equipment Area”); and underground conduit and additional space on the Water Tower containing cabling connecting the antennas and the Equipment Area. The executed Water Tower Communications Site Lease Agreement for New Cingular Wireless PCS, LLC, managed by AT&T Mobility Corporation, is included as Attachment 1. This First Amendment in Attachment 2 provides details and consent for:
1. Adding a new back-up generator.
2. Adding a new 4’ X 10’ associated concrete pad.
3.Adding utility equipment to existing AT&T Equipment Area associated with the generator.
4.Installing an electrical outlet with a ground fault circuit interrupter (GFCI) within their shelter for the Town’s use to deliver electrical power to the Town’s radio communications equipment operated by the Town.
The First Amendment does change the terms for base rent by Two Hundred and Fifty and No/100 Dollars ($250.00) per month. It does increase the area occupied within the Equipment Area for the installation of items number 1, 2 and 3 shown above. It does provide the Town a GFCI outlet and access to their electrical panel within the AT&T equipment shelter. It does not modify any other terms in the existing Lease Agreement. New Cingular Wireless PCS, LLC, managed by AT&T Mobility Corporation, has requested the First Amendment be approved now in order to add the back-up generator and associated concrete pad and utility equipment to the existing AT&T Equipment Area.
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ISSUES:
New Cingular Wireless PCS, LLC, managed by AT&T Mobility Corporation, proposes to add a new back-up generator and associated concrete pad and utility equipment to their Equipment Area. This addition requires an amendment to the Lease Agreement. There are no known issues associated with the approval of this First Lease Amendment and will provide better customer service to AT&T cell phone users.
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BUDGET IMPACT:
There is a positive budget impact with this item. The First Amendment does change the terms for base rent by Two Hundred and Fifty and No/100 Dollars ($250.00) per month.
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MOTION(S):
If Council so chooses to move forward on action this evening they may state the following motion.
“Given that the proposed First Amendment to Water Tower Communications Site Lease Agreement for New Cingular Wireless PCS, LLC, a Delaware Limited liability company, managed by AT&T Mobility Corporation, is similar to existing contracts with similar terms that have been approved after a public hearing, and given that no speakers for or against this lease agreement spoke at tonight's public hearing, I move that the Town Council suspend the rule against taking action on a matter on the same night as the public hearing."
AND (if the first motion passes)
“I move that the Town Council approve the First Amendment to Water Tower Communications Site Lease Agreement for New Cingular Wireless PCS, LLC, a Delaware limited liability company, managed by AT&T Mobility Corporation, and authorize the Town Manager to execute the Amendment on behalf of the Town.”
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