HomeMy WebLinkAboutContract 43237-A1 @ � Licensor Site Name/Number:EULESS#2/DFW AIRPORT,TX/9088
�I�7��� Licensor Contract Number: 326789
� 7MCT Mo. Licensee Site Name/Number:N/A/Bergh 2
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment (the "First Amendment") to that certain License
Agreement, City Secretary Contract Number 43237, dated May 15, 2012 by and between
American Towers LLC and City of Fort Worth (the "License") (the "Agreement") is
made and entered into as of the latter signature date hereof, by and between American
Towers LLC, a Delaware limited liability company (the "Licensor") and City of Fort
Worth, a Texas home-rule municipality (the "Licensee") (collectively,the "Parties").
RECITALS
WHEREAS, Licensor owns a certain communications tower and owns a certain
parcel of land located at 11149 Trinity Blvd, Euless, TX 76040-7714 more commonly
known to Licensor as the EULESS #2 / DFW AIRPORT, TX tower site (the "Tower
Facility"); and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of a
certain portion of the Tower Facility; and
WHEREAS, Licensee desires to modify its equipment at the Tower Facility
("Modified Equipment"); and
WHEREAS, the Parties agree that as consideration for Licensee's Modified
Equipment, the current Monthly License Fee payable under the Agreement shall be
increased as set forth herein.
NOW THEREFORE, in consideration of the foregoing promises and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1) The Address and location of the Tower Facility, as described in Section I of the
Agreement, shall be deleted in its entirety and replaced with"11149 Trinity Blvd,
Euless, Texas 76040-7714."
2) Licensor and Licensee agree and acknowledge that Licensee shall modify its
® equipment for a final installed configuration pursuant to Exhibit A-1.
w3) Licensor and Licensee agree and acknowledge that Exhibit A to the Agreement is
w hereby deleted in its entirety as of the date this First Amendment is fully executed
and shall be replaced with Exhibit A-1 attached hereto and incorporated by this
reference. In the event of inconsistency or discrepancy between the Exhibit A-1
and Licensee's equipment information set forth in the Agreement,the Exhibit A-1
shall control.
4) Licensor and Licensee agree and acknowledge that Exhibit B to the Agreement is
hereby deleted in its entirety as of the date this First Amendmer t is fully execute
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
i
Licensor Site Name/Number: EULESS#2/DFW AIRPORT,TX/9088
Licensor Contract Number: 326789
Licensee Site Name/Number:N/A/Bergh 2
and shall be replaced with Exhibit B-1 attached hereto and incorporated by this
reference. In the event of inconsistency or discrepancy between the Exhibit B-1
and Licensee's site sketch set forth in the Agreement, the Exhibit B-1 shall
control.
5) Effective upon the earlier to occur of: i) commencement of installation of the
Modified Equipment; or ii) November 5, 2014 ("Commencement Date"), the
Monthly License Fee shall be increased by Three Thousand One Hundred Fifty
and 00/100 Dollars ($3,150.00) per month ("Increased Fee"). The Increased Fee
for any fractional month at the beginning or end of the period shall be
appropriately prorated.
6) Notwithstanding anything to the contrary in the Agreement, the offer to Licensee
expressed in this First Amendment shall automatically become null and void with
no further obligation by either party hereto if a structural analysis of the Tower
Facility completed after the execution of this First Amendment by Licensor but
before the Commencement Date of the installation of Licensee's Modified
Equipment indicates that the Tower Facility is not suitable for Licensee's
Modified Equipment unless Licensor and Licensee mutually agree that structural
modifications or repairs shall be made to the Tower Facility on mutually
agreeable terms.
7) In the event that Licensor determines a Shared Site Interference Study is required,
Licensor and Licensee agree and acknowledge that this First Amendment shall be
contingent upon a satisfactory result of said Shared Site Interference Study.
8) In no event shall Licensee's use of the Tower Facility, or operation of any of its
equipment thereon, be conducted in a manner that interferes with Licensor's
lighting system located on any of the towers, building systems, or, in the event
that Licensee's equipment is installed on the rooftop of a building, with
equipment of any kind used by building tenants who are not tenants of the
Licensor. In the event that such interference does occur, Licensee shall be solely
responsible to reimburse Licensor for any and all costs required to modify and/or
upgrade Licensor's lighting system, to comply with all necessary FAA/FCC
regulations, as a result of said interference.
9) Capitalized terms contained herein, unless otherwise defined, are intended to have
the same meaning and effect as that set forth in the Agreement.
10)All other terms and provisions of the Agreement remain in full force and effect.
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Licensor Site Name/Number: EULESS#2/DFW AIRPORT,TX/9088
Licensor Contract Number: 326789
Licensee Site Name/Number:N/A/Bergh 2
IN WITNESS WHEREOF, the Parties hereto have set their hands to this First
Amendment to that certain License Agreement as of the day and year written below:
LICENSEE: LICENSOR:
City of Fort Worth, a Texas American Towers LLC, a Delaware
municipality limited liability company
By: By:
Name: Sus Alanis N e: .� h ! lssi
Title: C'ty Manager le: ""/i Preiu�;nt Legal
Date: (2- s �Fj t Date: N � IV iJ CJ
APPROVED ND RUM RM WMW S:
senior Assistant city Atto
Date App-roved: /-2--2 y
by
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Mary J. Kayser, City Secretary � �
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
3
Licensor Site Name/Number: EULESS#2/DFW AIRPORT,TX/9088
Licensor Contract Number: 326789
Licensee Site Name/Number:N/A/Bergh 2
Exhibit A-1
4
Exhibit A-1
Customer Name: ATC Asset Name: ATC Asset#:
CITY OF FORT WORTH EULESS#2/DFW AIRPORT 9088
Customer Site Name: Customer Site#:
N/A N/A
GROUND SPACE!REQUIREMENTS
Total Lease Area Sq.Ft:456.00' Primary Continuous Lease Area L:36.00' W:12.00' H:10.00' Sq.Ft:432.00
Customer Building 36.00' 12.00' 10.00' 432.00
Outside Primary Lease Area N/A N/A N/A Sq.Ft:24.00
Generator AREA 8.00' 3.00' N/A 24.00
BACKUP POWER REQUIREMENTS
Generator:Stand Alone Capacity(KW):150.0 Fuel Tank Size(gal):20.0 Fuel Type:Diesel Fuel Tank Setback(radius):N/A
UTILITY REQUIREMENTS
Power Provided By:Utility Company Direct Electric Svc.(amps/volts):200/240
Telco/Interconnect:N/A
TRANSMITTER&RECEIVER SPECIFICATIONS
Type:N/A Quantity:N/A TX Power(watts):N/A ERP(watts):N/A
ANTENNA EQUIPMENT SPECIFICATIONS
Type OMNI OMNI TTA PANEL PANEL PANEL
Manufacturer Sinclair Sinclair Bird Amphenol Antel Amphenol Antel Amphenol Antel
Model# SC412-HF2LDF SC412-HF2LDF 429-83H-01-T WPA-700120-6CF- WPA-700120-6CF- WPA-700120-6CF-
EDIN-3 EDIN-3 EDIN-3
Dimensions HxWxD 251.5"x5"x5" 251.5"x5"x5" 18"x6"x6" 71.1"x 5.7"x5.7" 71.1"x5.7"x53" 71.1"x5.7"x5.7"
Weight(lbs.) 79.0 79.0 20.0 12.6 12.6 12.6
Location Tower Tower Tower Tower Tower Tower
RAD Center AGL 441.0' 441.0' 430.0' 420.0' 420.0' 420.0'
Antenna Tip Height 451.5' 451.5' 430.8' 423.0' 423.0' 423.0'
Antenna Base Height 430.5' 430.5' 429.2' 417.0' 417.0' 417.0'
Mount Type Platform with
Handrails Stand-Off Sector Frame T-Arm T-Arm T-Arm
Quantity 8 1 3 3 3 2
Azimuths/Dir.of 360 60 0/120/240 70 70 70
Radiation
Quant.Per
Azimuth/Sector 8 1 1/1/1 3 3 2
TX/RX Frequency MHz MHz N/A MHz MHz MHz
Units
TX Frequency 800-869 800-869 N/A 866-867 822 866-867
RX Frequency 800-869 800-869 N/A 866-867 822 866-867
Using Unlicensed No No No No No No
Frequencies?
Antenna Gain 11.5 11.5 23 11.5/12.0 11,5/12.0 11.5/12.0
Total#of Lines 8 1 3 3 0 2
Line Quant.Per 8 1 1/1/1 3 N/A 2
Azimuth/Sector
Line Type Coax Coax Coax Coax N/A Coax
Line Diameter Size 1 5/8"Coax 1 5/8"Coax 7/8"Coax 1 5/8"Coax N/A 1 5/8"Coax
Line Configuration N/A N/A N/A N/A N/A N/A
ANTENNA EQUIPMENT SPECIFICATIONS
Type DISH-HP DISH-HP DISH-HP DISH-HP N/A N/A
Manufacturer RFS RFS RFS RFS NIA N/A
Model# DAX8-59AC DAX8-59AC DAX8-59AC DAX8-59AC N/A N/A
Dimensions HxWxD 8.62'x 8.62'x 4.76' 8.62'x 8.62'x 4.76' 8.62'x 8.62'x 4.76' 8.62'x 8.62'x 4.76' N/A N/A
Weight(lbs.) 396.0 396.0 396.0 396.0 N/A N/A
Location Tower Tower Tower Tower N/A N/A
RAD Center AGL 170.0' 160.0' 150.0' 137.0' N/A N/A
Antenna Tip Height 1743 164.3' 154.3' 1413 N/A N/A
Antenna Base Height 165.7' 155.7' 1457 132.7' N/A N/A
Mount Type Stand-Off Stand-Off Stand-Off Stand-Off N/A N/A
Quantity 1 1 1 1 N/A NIA
Azimuths/Dir.of 140 140 110 110 N/A N/A
Radiation
Quant.Per NIA N/A N/A 1 N/A NIA
Azimuth/Sector
Frequency
Units GHz GHz GHz GHz N/A N/A
Units
TX Frequency 6.4 6.4 6.4 6.4 NIA N/A
RX Frequency 6.2 6.2 6.2 6.2 N/A N/A
Using Unlicensed No No No No N/A N/A
Frequencies?
Antenna Gain 38.8/39.2/39.6 38.8/39.2/39.6 36.8/39.2/39.6 38.8/39.2/39.6 N/A N/A
Total#of Lines 1 1 1 1 N/A N/A
Line Quant.Per N/A N/A N/A 1 N/A N/A
Azimuth/Sector
Line Type Elliptical Elliptical Elliptical Elliptical N/A N/A
Line Diameter Size EW63 EW63 EW63 EW63 N/A N/A
Line Configuration N/A N/A N/A N/A N/A NIA
Revislen#3-596132
Licensor Site Name/Number: EULESS#2/DFW AIRPORT,TX/9088
Licensor Contract Number: 326789
Licensee Site Name/Number:N/A/Bergh 2
Exhibit B-1
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M&C Review
ITY COUNCILAGENDA FORTORTH
COUNCIL ACTION: Approved on 121212014
REFERENCE ., 04AMERICAN TOWER EULESS 2
DATE: 12/2/2014 NO.: C-27090 LOG NAME: SITE AMENDMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Amendment to an Existing Agreement with American Tower
LLC, for the Lease of Space at the Euless 2 Radio Tower Site in the Increased Amount
of$37,800.00 Annually from the Information Systems Fund for a New Annual Lease
Amount of$83,277.70 for the Information Technology Solutions Department (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an amendment to an existing
Agreement with American Tower LLC, for the lease of space at the Euless 2 Radio Tower Site as
part of the Public Safety Radio Upgrade Project in the increased amount of$37,800.00 annually
for a new annual lease amount of$83,277.70 for the Information Technology Solutions
Department.
DISCUSSION:
On May 8, 2012, the City Council approved M&C C-25594 authorizing the execution of an
Agreement with American Tower LLC (ATC), for the lease of space at the Euless 2 Radio
Tower. This action was part of the upgrade to the City's Public Safety Radio Communications
System approved by Council on June 14, 2011 (M&C G-17303). The upgrade included the
implementation of radio equipment at this third party tower to provide radio coverage in east Fort
Worth.
With the implementation of the new communications system, there remained some areas in east
Fort Worth where radio coverage is inadequate. However, testing with both City and external
public safety agencies has shown that additional antennas mounted at a higher tower elevation will
result in significant coverage improvements. This amendment provides additional space at a
higher elevation on the Euless 2 Radio Tower.
This option was among several developed and examined, and was the most cost-effective of those
options while offering the most significant improvements. For this reason, Staff recommends the
execution of the amendment of the Lease Agreement with ATC.
RENEWALS - This License Agreement (City Secretary Contract No. 43237) may be renewed
annually at the City's option through May 2026 to align with the anticipated life of the radio
communications system. Upon Council approval, the monthly lease will be $6,935.60; $83,227.20
annually. Each annual renewal is subject to an increase not to exceed four percent. This action
does not require specific City Council approval provided that sufficient funds have been
appropriated during the renewal terms.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current
http://apps.cfivnet.org/council_packet/mc review.asp?ID=20516&councildate=12/2/2014[12/3/2014 8:58:06 AM]
M&C Review
operating budget, as appropriated, of the Information Systems Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P168 539120 0046020 $37.800.00
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Steve Streiffert (2221)
Additional Information Contact: Alan Girton (8484)
ATTACHMENTS
http://apps.cfivnet.org/council_packet/mc review.asp?ID=20516&councildate=12/2/2014[12/3/2014 8:58:06 AM]