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HomeMy WebLinkAbout10. 18-213 APRIL 24, 2018 18-213 RESOLUTION (CARRIED 5-1P LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT FOR TEMPORARY PLACEMENT OF ANTENNA FACILITIES; SPRINT AND T-MOBILE REDEVELOPMENT AUTHORITY RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that an agreement with Sprint and T-Mobile for temporary placement of antenna facilities until November 15, 2018 on the Redevelopment Authority's property at the southern end of Riverway Dr. is hereby approved and the proper officials are hereby authorized to execute an Agreement with substantially the same terms as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and to carry out all actions necessary to implement the City's obligations to implement the terms and conditions of the Agreement. TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis Community Development Director DATE: April 18, 2018 RE: Approve Agreement for Temporary Placement of Antenna Facilities; Sprint and T -Mobile (Redevelopment Authority Recommends Approval) BACKGROUND The City of Oshkosh and Redevelopment Authority entered into an agreement whereby the City is leasing the property on which the new water tower is being constructed. Construction of the new water tower is almost complete. The existing cell towers on the old water tower need to be moved to the new tower before demolition begins in early May. ANALYSIS City staff is resolving some title issues before the property can be transferred to the City of Oshkosh. Sprint and T -Mobile have existing cell facilities on the old water tower and were given notice in October 2017 that they need to move their facilities from the old water tower. In order to allow the existing antenna facilities to be moved to the new water tower, the RDA is being asked to approve an Agreement with Sprint and T -Mobile to allow the temporary installation of their facilities on RDA property until the land is transferred to the City or November 15, 2018, whichever occurs first. FISCAL IMPACT There is no fiscal impact since the existing agreement between the City and the cell tower providers stipulated the transition from the old water tower to the new water tower. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Redevelopment Authority recommended approval of the agreement at its April 12, 2018 meeting. Respectfully Submitted, Allen Davis Community Development Director Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us AGREEMENT FOR TEMPORARY LOCATION OF ANTENNA FACILITIES Date: Owner: City of Oshkosh ATTN: City Manager 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54902-1130 Lessee: Alamosa (Wisconsin) Properties, LLC, a Wisconsin Limited Liability Company, successor -in - interest to Alamosa Wisconsin Limited Partnership Sprint Property Services Site ID: ML15AL085-A Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 With a Copy to: Sprint Law Department Attn: Real Estate Attorney Site ID: ML15AL085-A Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Previous Lease Agreement: The City and Sprint previously entered into a. Water Tower / Land Lease Agreement dated February 19, 2016 in which Sprint was allowed the opportunity to place its Antenna Facilities on and around a certain City Water Tower located on City property for the purposes described in that Lease Agreement. Old Water Tower Site: The City owns a parcel (identified as "City Parcel" in the February 19, 2016, Lease) upon which a City water tower is located. The City entered into a Lease that allowed Sprint to install and operate its Antenna Facilities. The Old Water Tower / City Parcel property is described as follows: Lots Twenty -Three (23) and Twenty -Four (24) of Block "F" Western Addition, First Ward, City of Oshkosh: That part of Hancock Street and of Lots 17 and 18 of Block "E" according to Plat of the Western Addition to Oshkosh, in the First Ward, City of Oshkosh, Lying between the limits of two lines described as follows, viz: No 1. commencing on the Northerly line of Marion Street Two feet -1- April 6, 2018 southeasterly of the most Westerly comer of said Lot 18, thence northeasterly right angles to Marion Street to the Southerly line of Block "F" according to said Plat of the Western Addition to Oshkosh. No 2. Commencing on the Northerly line of Marion Street 22 feet south easterly of the most Westerly comer of said Lot 18, thence northeasterly at right angles to Marion Street to the Southerly line of Block "F" according to said Plat of the Western Addition to Oshkosh New Water Tower Site: Due to the age and condition of the Old Water Tower on the City Parcel, the City has constructed a New Water Tower on an adjoining property. This New Water Tower has been constructed on a parcel owned by the Redevelopment Authority for the City of Oshkosh, with the understanding that the fee title of the parcel will be conveyed directly to the City of Oshkosh. This parcel upon which the New Water Tower is located is described as: That part of the southeast 1/4 of the northeast 1/a and part of the northeast 1/4 of the southeast 1/a of Section 23, Township 18 north, Range 16 east, in the First Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Lot 2 of Certified Survey Map Number 7150, located in the City of Oshkosh, Winnebago County, Wisconsin, and recorded with the Winnebago County Register of Deeds on October 7, 2016, in Volume 1, Page 7150, as Document Number 1724920 PIN: 90102000100 Street Address: 50 Riverway Drive Termination of Lease: The replacement of the Old Water Tower will result in the demolition of the Old Water Tower. The upcoming dismantling and removal of the Old Water Tower caused the City to terminate the February 19, 2016 Water Tower / Land Lease Agreement through a notice dated October 5, 2017. After the prescribed thirty (30) day notice period, the Lease was officially terminated on November 15, 2017. Transition Period: Paragraph 8.a. within the terms of the February 19, 2016 Lease allowed Sprint to maintain temporary communications facilities at a location "as close as reasonably possible" to the Old Water Tower location for up to one (1) year after the termination of the February 19, 2016 lease. The parties have mutually agreed that Sprint may utilize the New Water Tower and certain parts of the parcel upon which it sits as the location of its temporary communications facilities. Both parties acknowledge that they are currently negotiating a long term lease to allow Sprint the ability to locate its Antenna Facilities on and around the New Water Tower pursuant to terms to be agreed upon. The parties explicitly understand that this Agreement is only temporary to allow the removal of Sprint's Antenna Facilities from the Old Water Tower and placement on the New Water Tower as a transition as described herein. Term: This Agreement is intended to serve as guidance for Sprint's temporary placement of its Antenna Facilities on and around the New Water Tower. This Agreement terminates and expires for all purposes on November 15, 2018, unless the parties mutually agree in writing to end this Agreement sooner due to the execution of a longer term lease, or for any other reason. This -2- April 6, 2018 Agreement is not intended to be extended or renewed, nor will any transition or temporary facilities period occur after the termination or expiration of this Agreement. Use: Sprint may use those areas approved by the City for its temporary location of its Antenna Facilities. This use includes the use of all or part of an equipment building. The use of the New Water Tower and surrounding property will be non-exclusive. The use of all or part of an equipment building will be exclusive. The approved equipment and locations are identified in Exhibit A. Rent: $ 2,200.00 per month; $26,400 per year Regulations: Each parry will be responsible for complying with those local, state, and federal regulations that apply to their actions. These include, but are not limited to, FAA and FCC requirements. Liability: Generally, each party is responsible to damages resulting from their negligent or malicious actions, but only to the extent that the negligence or malicious actions are the cause of the damages. Insurance: Sprint shall continue the same insurance coverage as required by the February 19, 2016, lease, through the term of this Agreement, and agrees to be subject to the same terms. Abbreviated Agreement: This Agreement is abbreviated due to its temporary nature and limited scope. In the event issues or disputes arise that are not addressed in this Agreement, the parties agree to be governed by their past practices and the benefits and burdens of their previous relationship as Lessor and Lessee. Transfer of Property: The property on which the New Water Tower was constructed will be conveyed to the City of Oshkosh by the Redevelopment Authority of the City of Oshkosh. At that point of conveyance, the Redevelopment Authority will no longer be a party to this Agreement. Miscellaneous: This Agreement may reference terms of previous agreements between the parties that are not attached. Both parties are aware of the previous agreements referenced, are in possession of complete copies of these agreements, and have been given the opportunity to clarify any term. This Agreement shall be construed in accordance with the laws of the State of Wisconsin. The venue for resolution of disputes shall be Winnebago County, Wisconsin. If .any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (Signature Page to follow.) April 6, 2018 -3- CITY OF OSHKOSH, WISCONSIN By: Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk Approved as to form: Lynn A. Lorenson, City Attorney STATE OF WISCONSIN ) SS COUNTY OF WINNEBAGO ) Personally came before me this day of , 2018, the above-named Mark A. Rohloff and Pamela R. Ubrig, to me known to be the City Manager and City Clerk of the City of Oshkosh, Wisconsin and the person who executed the foregoing document and acknowledged the same. Notary Public, State of Wisconsin My commission expires: REDEVELOPMENT AUTHORITY FOR THE CITY OF OSHKOSH, WISCONSIN By: Steven J. Cummings, Chair H. Allen Davis, III, Executive Director STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) Personally came before me this day of , 2018, the above-named Steven J. Cummings and H. Allen Davis, III, to me known to be the Chair and Executive Director of the Redevelopment Authority for the City of Oshkosh, Wisconsin and the persons who executed the foregoing document and acknowledged the same. Notary Public, State of Wisconsin My commission expires: [SIGNATURES AND ACKNOWLEDGEMENTS CONTINUED NEXT PAGE] April 6, 2018 ALAMOSA (WISC) PROPERTIES, LLC, a Delaware limited liability company By: By: (name) Its: (title) STATE OF ) SS COUNTY OF ) Personally came before me this day of , 2018, the above-named to me known to be the (title) of , a Delaware limited liability company, and the person who executed the foregoing document and acknowledged the same. . Notary Public, State of My commission: -5- April 6, 2018 AGREEMENT FOR TEMPORARY LOCATION OF ANTENNA FACILITIES Date: Owner: City of Oshkosh ATTN: City Manager 215 Church Ave. P.O. Box 1130 Oshkosh, Wl 54902-1130 Lessee: T -Mobile Central LLC, a Delaware limited liability company 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance - Site Number ML94443 (Marion Rd. WT) Previous Lease Agreement: The City and T -Mobile previously entered into a Water Tower / Land Lease Agreement dated June 13, 2012 in which T -Mobile was allowed the opportunity to place its Antenna Facilities on and around a certain City Water Tower located on City property for the purposes described in that Lease Agreement. Old Water Tower Site: The City owns a parcel (identified as "City Parcel" in the June 13, 2012, Lease) upon which a City water tower is located. The City entered into a Lease that allowed T -Mobile to install and operate its Antenna Facilities. The Old Water Tower / City Parcel property is described as follows: Lots Twenty -Three (23) and Twenty -Four (24) of Block "F" Western Addition, First Ward, City of Oshkosh: That part of Hancock Street and of Lots 17 and 18 of Block `B" according to Plat of the Western Addition to Oshkosh, in the First Ward, City of Oshkosh, Lying between the limits of two lines described as follows, viz: No 1. commencing on the Northerly line of Marion Street Two feet southeasterly of the most Westerly corner of said Lot 18, thence northeasterly right angles to Marion Street to the Southerly line of Block "F" -according to said Plat of the Western Addition to Oshkosh. No 2. Commencing on the Northerly line of Marion Street 22 feet south easterly of the most Westerly corner of said Lot 18, thence northeasterly at right angles to Marion Street to the Southerly line of Block "F" according to said Plat of the Western Addition to Oshkosh New Water Tower Site: Due to the age and condition of the Old Water Tower on the City Parcel, the City has constructed a New Water Tower on an adjoining property. This New Water Tower has been constructed on a parcel owned by the Redevelopment Authority for the City of -1- Oshkosh ML94443 April 6, 2018 Oshkosh, with the understanding that the fee title of the parcel will be conveyed directly to the City of Oshkosh. This parcel upon which the New Water Tower is located is described as: That part of the southeast'/4 of the northeast'/4 and part of the northeast 1/4 of the southeast %4 of Section 23, Township18 north, Range 16 east, in the First Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Lot 2 of Certified Survey Map Number 7150, located in the City of Oshkosh, Winnebago County, Wisconsin, and recorded with the Winnebago County Register of Deeds on October 7, 2016, in Volume 1, Page 7150, as Document Number 1724920 PIN: 90102000100 Street Address: 50 Riverway Drive Termination of Lease: The replacement of the Old Water Tower will result in the demolition of the Old Water Tower. The upcoming dismantling and removal of the Old Water Tower caused the City to terminate the June 13, 2012 Water Tower / Land Lease Agreement through a notice dated October 5, 2017. After the prescribed thirty (30) day notice period, the Lease was officially terminated on November 15, 2017. Transition Period: Paragraph 8.a. within the terms of the June 13, 2012 Lease allowed T - Mobile to maintain temporary communications facilities at a location "as close as reasonably possible" to the Old Water Tower location for up to one (1) year after the termination of the June 13, 2012 lease. The parties have mutually agreed that T -Mobile may utilize the New Water Tower and certain parts of the parcel upon which it sits as the location of its temporary communications facilities. Both parties acknowledge that they are currently negotiating a long term lease to allow T -Mobile the ability to locate its Antenna Facilities on and around the New Water Tower pursuant to terms to be agreed upon. The parties explicitly understand that this Agreement is only temporary to allow the removal of T -Mobile's Antenna Facilities from the Old Water Tower and placement on the New Water Tower as a transition as described herein. Term: This Agreement is intended to serve as guidance for T -Mobile's temporary placement of its Antenna Facilities on and around the New Water Tower. This Agreement terminates and expires for all purposes on November 15, 2018, unless the parties mutually agree in writing to end this Agreement sooner due to the execution of a longer term lease, or for any other reason. This Agreement is not intended to be extended or renewed, nor will any transition or temporary facilities period occur after the termination or expiration of this Agreement. Use: T -Mobile may use those areas approved by the City for its temporary location of its Antenna Facilities. This use includes the use of all or part of an equipment building. The use of the New Water Tower and surrounding property will be non-exclusive. The use of all or part of an equipment building will be exclusive. The approved equipment and locations are identified in Exhibit A. Rent: $ 2,300.00 per month; $27,600 per year -2- Oshkosh NE94443 April 6, 2018 Regulations: Each party will be responsible for complying with those local, state, and federal regulations that apply to their actions. These include, but are not limited to, FAA and FCC requirements. Liability: Generally, each party is responsible to damages resulting from their negligent or malicious actions, but only to the extent that the negligence or malicious actions are the cause of the damages. Insurance: T -Mobile shall continue the same insurance coverage as required by the June 13, 2012, lease, through the term of this Agreement, and agrees to be subject to the same terms. Abbreviated Agreement: This Agreement is abbreviated due to its temporary nature and limited scope. In the event issues or disputes arise that are not addressed in this Agreement, the parties agree to be governed by their past practices and the benefits and burdens of their previous relationship as Lessor and Lessee. Transfer of Property: The property on which the New Water Tower was constructed will be conveyed to the City of Oshkosh by the Redevelopment Authority of the City of Oshkosh. At that point of conveyance, the Redevelopment Authority will no longer be a party to this Agreement. Miscellaneous: This Agreement may reference terms of previous agreements between the parties that are not attached. Both parties are aware of the previous agreements referenced, are in possession of complete copies of these agreements, and have been given the opportunity to clarify any term. This Agreement shall be construed in accordance with the laws of the State of Wisconsin. The venue for resolution of disputes shall be Winnebago County, Wisconsin. If .any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (Signature Page to follow.) -3- Oshkosh NM94443 April 6, 2018 CITY OF OSHKOSH, WISCONSIN IN Approved as to form: Lynn A. Lorenson, City Attorney STATE OF WISCONSIN ) SS COUNTY OF WINNEBAGO ) Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk Personally came before me this day of , 2018, the above-named Mark A. Rohloff and Pamela R. Ubrig, to me known to be the City Manager and City Clerk of the City of Oshkosh, Wisconsin and the person who executed the foregoing document and acknowledged the same. Notary Public, State of Wisconsin My commission expires: REDEVELOPMENT AUTHORITY FOR THE CITY OF OSHKOSH, WISCONSIN 1-2 STATE OF WISCONSIN ) SS COUNTY OF WINNEBAGO ) Steven J. Cummings, Chair H. Allen Davis, III, Executive Director Personally came before me this day of , 2018, the above-named Steven J. Cummings and H. Allen Davis, III, to me known to be the Chair and Executive Director of the Redevelopment Authority for the City of Oshkosh, Wisconsin and the persons who executed the foregoing document and acknowledged the same. Notary Public, State of Wisconsin My commission expires: [SIGNATURES AND ACKNOWLEDGEMENTS CONTINUED NEXT PAGE] -4- Oshkosh ML94443 April 6, 2018 T -MOBILE CENTRAL, LLC, a Delaware limited liability company 3L By: Its: STATE OF ) SS COUNTY OF ) (name) _(title) Personally came before me this day of , 2018, the above-named , to me known to be the (title) of T -Mobile Central LLC, a Delaware limited liability company, and the person who executed the foregoing document and acknowledged the same. Notary Public, State of My commission: -5- Oshkosh ML94443 April 6, 2018