HomeMy WebLinkAboutContract 32643 CITY SECRETARY
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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