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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 4, 2010 <br />TITLE: <br />LEASE AGREEMENT AMENDMENT <br />WITH TOWERCO ASSETS LLC FOR <br />INSTALLATION OF EQUIPMENT AT <br />EL SALVADOR PARK <br />CITY MANAGER <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 <br />to execute the attached lease agreement amendment with TowerCo Assets LLC for the <br />installation of communications equipment at El Salvador Park, subject to non-substantive <br />changes 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 <br />expenditure account (no. 05113263 66220). <br />DISCUSSION <br />On July 4, 2004, the City Council approved a lease agreement with Sprint PCS for the <br />installation of cellular communications equipment at El Salvador Park. The City currently <br />receives $2,251 for this lease agreement. Sprint has assigned tower rights to TowerCo LLC and <br />they are proposing to amend the lease agreement to allow Clear Wire LLC (Clearwire) to <br />sublease space at this site. Clearwire will be using the existing equipment building and tower to <br />install a dish antenna and will not be occupying any additional park property. <br />TowerCo has agreed to pay the City an additional $300 per month for the sublease. The <br />Clearwire sublease fee will increase by 3% annually, consistent with the base Sprint lease <br />agreement. The sublease fee shall terminate on the date the Clearwire sublease terminates or <br />expires and the rent thereafter shall be reduced by an amount equal to the sublease fee. <br />25C-1