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Item 4C - Water Tower Comm Verizon Contract AmendmentCITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGE NDA ITEM II 4C A UGUST 24,2015 AGENDA ITEM: Water Tower Communications Verizon Contract Amendment 4 SUBMITTED BY: Douglas E. Layton , PE /c ~\ f ~ ~)--· t-- Public Works Director £...Y 0 DATE: 8/7/15 BACKGROUND: The City leases space on the elevated water tower at WTP #1 located at 469 11 1h Street to Verizon Wireless (PCS). This lease has been in effect since 1995 and thru previous amendments remains cu rrent. The City receives compensation for this lease with a 3% annual Increa se. PCS is requesting permission to add additional equipment to the tower under the terms of the lease. BUDGET: The City currently receives app roximately $30,000 per year from this lease . Execution of this amendment will increase the yearly amount of the lease by $4,800 . RECOMMENDATION: Approve the 41h amendment to the PCS agreement and authorize the City Manager to execute the amendment. ATTACHED: Proposed amendment 4 REVIEWED BY: '-J'Z ?/a-, ;7u-u_. Site Name: Mayport Road Site ID: I 00402 FOURTH AMENDMENT TO PCS SITE LEASE AGENDA ITEM# 4C AUGUST 24, 2015 This Fourth Amendment to PCS Site Lease (the "Amendment") is made this __ day of ______ , 2015, between City of Atlantic Beach (the "OWNER"), and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless ("LESSEE"). WHEREAS, OWNER and LESSEE's predecessor-in-interest, PCS PrimeCo, L.P., a Delaware limited partnership entered into a PCS Site Lease, dated November 9, 1995, as amended by that certain First Amendment to PCS Site Lease dated February 24, 2011, as amended by that certain Second Amendment to PCS Site Lease dated August 31, 2012, as further amended by that certain Third Amendment to PCS Site Lease dated April 18, 20 14 (collectively the "Lease") for the lease of a portion of certain real property and a communications facility (the "Site"), located at 469 11th Street, Atlantic Beach, Duval County, Florida; WHEREAS, OWNER and LESSEE desire to modify the Lease as set forth below. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto stipulate and agree as follows: 1. All capitalized tem1s in this Amendment, not otl1erwise defined herein, shall have the meaning ascribed to them in the Lease. 2. In accordance with Attachment C of the Lease, LESSEE has sought and OWNER has given written approval for the modification of LESSEE's equipment and frequencies at the Site. 3. In consideration of the OWNER's approval of LESSEE's modifications to its equipment and frequencies, the current annual rent shall be increased by Four Thousand Eight Hundred and NOll 00 Dollars ($4,800.00), partial years to be prorated, which increase shall commence based upon the date LESSEE commences construction on the premises. In the event the date LESSEE commences construction on the leased premises falls between the 1 '1 and 15th of the month, the rent increase shall commence on the 1 '1 of that month and if the date construction commences falls between the 16th and 31st of the month, then the rent increase shall commence on the 1'1 day of the following month (either the "Commencement Date"). OWNER and LESSEE agree that they shall acknowledge in writing the Commencement Date. Within thirty (30) days after a written acknowledgement confirming the Commencement Date has been received by LESSEE, LESSEE will pay OWNER the rent increase for the remainder of the current lease year. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the OWNER the rent increase payment by February 13. 4. Attachment "D" to the Lease is hereby deleted in its entirety and is replaced with Attachment "D- 1" attached hereto and incorporated herein. In the event of any inconsistency or discrepancy between the Lease and Attachment "D-1 ", Attachment "D-1" attached hereto shall control. 5. All other terms of the Lease remain in full force and effect. <Signature Page to Follow> AGENDA ITEM# 4C AUGUST 24, 2015 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed pursuant to due authority as of the day and year first written above. ATTEST: City Clerk WITNESSES: Print Name: _______ _ Print Name: _______ _ OWNER: City of Atlantic Beach By: _____________ _ __________ ,,City Manager LESSEE: Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless By: Name: Aparna Khllljekar Title: Area Vice President Network Date: 2 Number of Transmission Lines: Diameter of Transmission Lines: Location of Antenna(s) on Tower: Frequencies: ATTACHMENT "D-1" Equipment List Twenty-two (22) lines 1 5/8" diameter 119' RAD Center AGENDA ITEM# 4C AUGUST 24, 2015 Tx 1950-1965 Rx 1870-1885 MHz Tx 698-798 Rx 698-798 MHz Tx 2110-2130 Rx 1710-1730MHz Number of Antennas: Ten (10) Total: (6) AXP19-60-2; (3) CSS X?-FR0-660-4; (1) CSS X?CQAP-665-VRO-IPB 3