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HomeMy WebLinkAboutContract 32643 CITY SECRETARY Y . CONTRACT N4. FIRST RENEWAL OF COMMUNICATION FACILITY LICENSE AGREEMENT (WATER TOWER) This FIRST RENEWAL OF COMMUNICATION FACILITY LICENSE AGREEMENT ("Renewal") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation organized under the laws of the State of Texas, and VOICESTREAM GSM I OPERATING COMPANY, LLC ("Licensee"), a Delaware limited liability company. Recitals The following statements are true and correct and form the basis upon which the City and Licensee have entered into this Renewal: A. The City owns a water tower known as the Calmont Elevated Tank ("Tower") which is located on a parcel of improved land owned in fee simple by the City ("Owned Premises") located at 6600 Calmont Avenue, Fort Worth, Texas. B. The City and Cook InletNoicestream Operating Company, LLC previously entered into a Communication Facility License Agreement (the "Agreement") pursuant to which the City allowed Cook InletNoicestream Operating Company, LLC to install, operate and maintain certain communications equipment on the Tower. Licensee is the successor of Cook InletNoicestream Operating Company, LLC. The Agreement is a public document on file in the City Secretary's Office as City Secretary Contract No. 26192. C. The Agreement provided an Initial Term of five (5) years with and granted the Licensee two (2) consecutive rights of first opportunity to renew the Agreement on terms and conditions and at a License Fee or other compensation prescribed by the City at the time for two (2) additional consecutive terms of five (5) years each. Licensee wishes to renew the Agreement, subject to the terms and conditions of this Renewal, and the City is willing to renew the Agreement in accordance with the terms and conditions of this Renewal. Agreement NOW, THEREFORE, in consideration of the benefits, promises and mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by both the City and Licensee, the City and Licensee agree as follows: 1. The Agreement is hereby renewed for a first Renewal Term of five (5) years, commencing at 12:00 A.M. CDT September 18, 2005 and ending at 11:59 P.M. CDT September 17, 2010 (the "First Renewal Term"). Unless the City or Licensee exercises a termination right as provided in the Agreement prior to the expiration of the First Renewal Term, and provided that the City, in its sole discretion, wishes to grant Licensee the right to use the Owned Premises at the time, Licensee shall have a right of first opportunity to renew the Agreement on terms and conditions and at a License Fee or other compensation prescribed by the City at the time for one (1) additional Renewal Term of five (5) years, provided that Licensee timely and correctly follows the procedures outlined in Section 2.2 of the Agreement. 2. All terms and conditions of the Agreement shall remain in full force and effect throughout the First Renewal Term and any subsequent Renewal Term, unless amended in accordance with the Agreement. Capitalized terms used but not defined in this Renewal shall have the meanings ascribed to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Renewal in multiples as of the later date indicated below: CITY OF FORT WORTH: VOICESTREAM GSM I OPERATING COMPANY, LLC: By: I By: " Marc Ott N JEFF HOOPER Assistant City Manager Ti e: CTOR OF ENGINEERING &OPERATIONS Date: i I -' , -�C Date: APPROVED AS TO FORM AND LEGALITY: By:_ Peter Vaky Assistant City Attorney M&C: L-12874 8-22-00 Attested By: fsY-\ , 1(arty Hendrix Citv Secretary City of Fort Worth, Texas 41DON01f And CounAl Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/22/00 L-12874 1 60VOICE 1 of 1 SUBJECT LICENSE AGREEMENTS WITH VOICESTREAM WIRELESS FOR SPACE ON VARIOUS CITY WATER TOWERS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute two license agreements with Voicestream Wireless for installation and operation of Personal Communications Systems communications equipment on the following water towers: • Calmont Elevated Tank • Northwest Elevated Tank DISCUSSION: Voicestream Wireless has requested the authority to install Personal Communications Systems (PCS) at various water towers in the City. These are existing structures owned and maintained by the City. Any modifications required to the towers as a result of installation of the PCS equipment will be at the sole expense of Voicestream Wireless. The license agreements will have an initial term of five years, with an opportunity for Voicestream Wireless to renew the agreements for two consecutive terms of five years each. Under the terms of the agreements, Voicestream Wireless will make annual payments of $24,000 for the first antenna and $2,400 per year for each subsequent antenna on the same facility, with the total fee increasing by 3% each October 1. The license fee during a renewal term shall follow the same schedule unless changed by the City, which will have the right to request a different license fee at that time. With regard to the Northwest Elevated Tank, Voicestream will erect a temporary cell on wheels (COW) on the premises until the City has completed the painting of that tank. Voicestream will pay the City $2,000 per month for this privilege after the Northwest Elevated Tank is painted. Voicestream will install its facilities on the tank and remove the temporary COW, at which time Voicestream will pay the City compensation in accordance with the standardized schedule described above. FISCAL INFORMATION/CERTIFICATION: The Water Department will be responsible for the collection of revenue associated with this agreement. MG:I Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) PE45 493472 0601000 Mike Groomer 6140 Originating Department Head: Dale Fisseler 8207 (from) APPROVED 8-22-00 Additional Information Contact: Dale Fisseler 8207