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HomeMy WebLinkAbout5F Sprint Cedarwood St Lease Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 27,2017 AGENDA #: 5F PREPARED BY: NICK ZURBEY, PUBLIC WORKS TECHNICIAN PRESENTED BY: FRANK BOYLES, CITY MANAGER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A COMMUNICATION FACILITIES LEASE AGREEMENT WITH SPRINT AT THE CEDARWOOD STREET WATER TOWER PROPERTY DISCUSSION: Introduction The purpose of this agenda item is to consider executing Communication Facilities Lease Agreement with Sprint at the Cedarwood Street Water Tower property (“Agreement”) for a term of 5 years with options to renew for two additional 5 year terms (15 year total). History The City and Sprint are currently parties to a Water Tower Antenna Agreement relating to installation of communications equipment on the Cedarwood St water tower that includes mounting of antenna and other equipment on the water tower, leased ground space for an equipment shelter and easements for access and underground utilities. They are also parties to a similar agreement at the other water tower property. The original agreement for the Cedarwood Street location was entered into on February 18, 1997. Current Circumstances Sprint’s current lease expired on December 31, 2016 and they wish to continue to lease space at the Cedarwood St water tower property. The City Attorney and Staff have researched and developed a new lease agreement. However, Sprint was unable to execute the lease prior to expiration. So, a two month temporary extension was executed by both parties. This allowed for adequate time for Sprint to produce the necessary exhibits needed and have the new lease executed by Sprint. Double rent at the current rent rate was collected for the temporary extension but half of it will be credited back towards the 2017 rent upon execution of the lease. The new lease is dated to January 1, 2017 to have an unbroken leasing of space at the Cedarwood Street water tower property. Included along with the partially executed agreement are exhibits that show the current configuration of antenna and equipment along and the descriptions of the lease space and easements. 2 Conclusion The City Attorney reviewed the information and prepared the Agreement to continue to lease space on the water tower to Sprint. ISSUES: The City holds several lease agreements with Communication Companies to allow use of the City’s water towers to mount antenna with ground equipment shelters. In the coming years many of these leases will expire. A new standard lease was developed by the City Attorney and Staff to be used as these leases expire. FINANCIAL IMPACT: The rent amount was $24,424.23 but after market research for rent in the region revealed it was undervalued a rent amount of $29,500 annually with a 5% annual escalator was proposed and accepted by Spint. ALTERNATIVES: 1. Approval of a resolution as part of the consent agenda authorizing the Mayor and City Manager to execute the Communication Facilities Lease Agreement with Sprint at the Cedarwood Street Water Tower. 2. Motion and second to remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A COMMUNICATION FACILITIES LEASE AGREEMENT WITH SPRINT AT THE CEDARWOOD STREET WATER TOWER PROPERTY Motion By: Second By: WHEREAS, Various cellular companies have located their antennae equipment on City property and water towers; and WHEREAS, The public safety, health and welfare is served when cell phone coverage is uniform and unbroken; and WHEREAS, The City and Sprint have been parties to a Water Tower Antenna Agreement relating to City property and the Cedarwood Street water tower located at 5560 Cedarwood St Street, Prior Lake Minnesota, 55372 (Sprint site ID MS03XC159) since February 18, 1997; and WHEREAS, Sprint’s current lease expired on December 31, 2016; and WHEREAS, Sprint desires to continue to lease space at the water tower property to which includes mounting of antenna and other supplemental equipment on the water tower, leased ground space for an equipment shelter and easements for access and underground utilities; and WHEREAS, The City Attorney and City Staff have developed an “Agreement”; and WHEREAS, Sprint has executed said Agreement NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the “Communication Facilities Lease Agreement with Sprint at The Cedarwood Street Water Tower Property” prepared by the City Attorney and City Staff. 3. The Mayor and City Manager are hereby authorized to execute the “Communication Facilities Lease Agreement with Sprint at the Cedarwood Street Water Tower Property” on behalf of the City. Passed and adopted by the Prior Lake City Council this 27th day of February, 2017 C:\Users\aschroeder\Desktop\17-XXX Sprint Cedarwood St Lease.docx 2 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager