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Agenda Item 10AAGENDA ITEM # I OA JANUARY 24, 2011 CITY OF ATLANTIC BEACH CITY COMNIISSION MEETING CITY ATTORNEY REPORT AGENDA ITEM: Modification to Verizon Wireless Lease SUBMITTED BY: Alan C. Jensen, City Attorney DATE: January 10, 2011 BACKGROUND: On September 27, 2010, the City Commission approved the Amendment to the Verizon Wireless Site Lease and authorized the City Manager to sign the lease documents. A copy of the Staff Report from Donna Kaluzniak, which was part of the Agenda packet for the September 27, 2010, meeting, is attached. The City Manager signed the lease documents as authorized by the City Commission, which is also authorized by Section 2- 338(9) of the Atlantic Beach Code, which states in pertinent part the following: "The city manager shall have the authority to... sign on behalf of the City contract authorized by the City Commission..." [emphasis added]. Verizon has now requested that the lease documents be signed by the Mayor, because of Article 11, Section 8, of the Charter, which states as follows: "When directed to do so by the City Commission the mayor - commissioner shall execute all instruments to which the City is a party, unless otherwise provided by the Charter or by ordinance." It is not necessary for the lease documents to be signed again by the Mayor, since they were originally signed by the City Manager and this was authorized by the City Commission and is permitted by our Code. However, out of courtesy to the request from Verizon, the City Commission may wish to authorize the Mayor to sign the lease documents as well. RECOMMENDATION: Authorize the Mayor to sign the lease documents for the Amendment to the Verizon Wireless Site Lease, which Amendment was previously approved by the City Commission on September 27, 2010. ATTACHMENT: Staff Report from Donna Kaluzniak dated September 14, 2010, which was Agenda Item 8E at the September 27, 2010, City Commission Meeting. REIVEWED BY CITY AGENDA ITEM # I OA JANUARY 24, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Modification to Verizon Wireless Lease SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: September 14, 2010 BACKGROUND: Verizon Wireless currently has a lease with the City of Atlantic Beach to rent antenna space on and near our elevated water tank at Water Plant No. 1 (469 11 m St.). Verizon would like to enlarge their emergency generator, requiring a larger concrete pad and an additional 52 square feet of area at the plant. Staff contacted other utilities to determine a fair price increase for the additional leased space. As part of this modification, Verizon has agreed to increase their rent payment by $2,400 per year, effective on the date of construction. BUDGET: Verizon's current rent is $15,585.11 per year, with an annual increase of 4 %. The additional rent would increase their current payment to $17,985.11. RECOMMENDATION: Approve the Amendment to the Verizon Wireless Site Lease and authorize the City Manager to sign the lease documents. ATTACHMENTS: 1. First Amendment to PCS Site Lease 2. First Amended Short Form Lease REVIEWED BY CITY