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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />SEPTEMBER 7, 2010 <br />TITLE: <br />LEASE AGREEMENT AMENDMENT <br />WITH TOWERCO ASSETS LLC FOR <br />INSTALLATION OF EQUIPMENT AT <br />ADAMS PARK <br />41, tla? <br />CIT ANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />As Recommended <br />As Amended <br />Ordinance on 1st Reading <br />Ordinance on 2"d Reading <br />Implementing Resolution <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to <br />execute the attached lease agreement amendment with TowerCo Assets LLC for the <br />installation of communications equipment at Adams Park, subject to non-substantive changes <br />approved by the City Manager and the City Attorney. <br />2. Approve an appropriation adjustment recognizing $3,600 in the Capital Outlay Fund revenue <br />account (no. 05102002 57010) and appropriate same to the Capital Outlay Fund expenditure <br />account (no. 05113263 66220). <br />DISCUSSION <br />On June 6, 2004 City Council approved a lease agreement with Sprint PCS for the installation of <br />cellular communications equipment at Adams Park. The City currently receives a $2,251 monthly <br />lease on this agreement. Sprint has assigned tower rights to TowerCo LLC and they are proposing <br />to amend the lease agreement to allow Clear Wire LLC (Clearwire) to sublease space at this site. <br />Clearwire will be using the existing equipment building and tower to install a dish antenna and will <br />not be occupying any additional park property. <br />TowerCo has agreed to pay an additional $300 per month for the sublease. The Clearwire <br />sublease fee will increase by 3% annually, consistent with the base Sprint lease agreement. The <br />sublease fee shall terminate on the date the Clearwire sublease terminates or expires and the rent <br />thereafter shall be reduced by an amount equal to the sublease fee. <br />25L-1