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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. [SIGNATURES APPEAR ON THE NEXT PAGE] [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] 2 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 A `S 0t 00°®/� �i Mary J. Kayser, City Secretary � � 0 0 s °° v' ez O°O Ol- rFXA� 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 5 RCPANE TAN 1 / 12'X 36' SHE / GROUND SPACE CE V C5 � s F mD - AIC AIC SE � FAo I n� �P o� A v - x a �� N D m z . � I IFS 90�F�n -� mono°mgr® m � p � -D "�' dam>g�E�Ep _°�m'��m�oA��°S➢a' n#i � � et��(LgS pp9 c,m zo 'oA n �n9➢�oo«� �mxC Q �g 'c7 °�~`oi o "So - _° < D �R � gzmp� cF Iv A D 1. 4 aG) Z- m v :� 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]