HomeMy WebLinkAboutRes2010-047 Sponsored by: Oates
CITY OF SEWARD, ALASKA
`.. RESOLUTION 2010 -047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AMENDMENT TO THE LEASE AGREEMENT 94 -092 WITH ACS
WIRELESS, INC., AS SUCCESSOR IN INTEREST TO MACTEL
CELLULAR SYSTEM FOR A PORTION OF U.S.S. 4828, WITHIN
SECTION 12, T1S, R1W, SEWARD MERIDIAN, SEWARD RECORDING
DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, FOR
THE PURPOSE OF EXTENDING THE TERM OF THE LEASE TO JUNE
30, 2015
WHEREAS, ACS Wireless, Inc., successor in interest to Mactel Cellular System
( "Lessee ") has requested a lease term extension to its existing lease agreement with the City of
Seward for 2800 square feet, more or less, within U.S.S. 4828, within section 12, T1S, R1W,
Seward Meridian, Seward Recording District, Third Judicial District, State of Alaska; and
WHEREAS, the current lease has been in effect since December 28, 1994 and the Lessee
has submitted a timely request for an extension of the lease term in accordance with Section 2.4
of the Lease; and
WHEREAS, Section 2.4 of the Lease provides that the Lessee shall have the right to
extend the initial term of the Lease for two additional five -year periods provided that Lessee
exercise the option to extend at least 180 days prior to the expiration of the then current Lease
term, Lessee is not in default, and the Seward City Council approves the extension by resolution;
and
WHEREAS, ACS provided supplemental information in support of the
sublease /collocation request received for GCI in accordance with Article 14 of the Lease; and
WHEREAS, use of the tower by GCI is compatible with the use for adjacent lands. The
City of Seward previously approved the tower construction and use. The tower is registered with
the FCC and height was approved by the FAA for air clearance; and
WHEREAS, its use by GCI is permitted under the then existing zoning regulations and
comprehensive land use plan. GCI operates on FCC licensed frequencies for CDMA and GSM
cellular and data transmit in the 1851.25 to 1931.25 bandwidth; and
WHEREAS, the addition of GCI's collocation will provide additional coverage of
cellular and data services to GCI's network allowing additional services to their customers
including E911 coverage. It is in both carriers' (ACS and GCI) interest to work together with
our communities and collocation on tower structures together when the opportunity presents
itself. In doing so, this reduces the number of towers that may otherwise be needed by each
carrier. By permitting the collocation on this tower that structurally can support the collocation,
,,,,,, this reduces GCI's need for a new tower to be built in the same area; and
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -047
WHEREAS, This is the final extension allowed for this Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into an amendment of
the lease agreement with ACS Wireless Inc., as successor in interest to Mactel
Cellular System, in substantial form as presented at this meeting, to extend the
Lease term to June 30, 2015and approve a sublease to GCI through June 30, 2014.
Section 2. The recitals set forth above are incorporated herein by reference and
adopted as findings of the City Council. For the reasons stated, a sublease to GCI,
in the form presented at this meeting will be in the public interest.
Section 3. This resolution shall take effect thirty (30) days after its adoption and
posting.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 24th day of
May, 2010.
00ti
THE CITY OF SEWARD, ALASKA
Willard E. I unham, Mayor
AYES: Valdatta, Keil, Smith, Amberg, Shafer, Dunham
NOES: None
ABSENT: Bardarson
ABSTAIN: None
ATTEST:
Johanna Do lerhide, CMC • A �•OR�D@A r 'O •. •
Acting City Clerk "14,10
(City Seal)
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Council Agenda Statement
Meeting Date: May 10, 2010 { Lse::
Through: Phillip Oates, City Manager
From: Kari Anderson, Harbormaster 41 4450"
Subject: Lease Amendment No. 3 for ACS Wireless 94 -092
BACKGROUND & JUSTIFICATION
ACS Wireless currently has a lease for 2,800 square feet, more or less, within U.S.S.
4828, within Section 12, T 1 S, R1 W, Seward Meridian, Seward Recording District, Third
Judicial District, State of Alaska. This leased area encompasses a cell phone tower and
associated electric infrastructure. Resolution 2005 -24 extended the term of this lease
through June 30 2010. However, Article 2.4 of this lease provides that the Lessee shall
have the right to extend the initial term of the Lease for two additional five -year periods.
This proposed lease extension would be the second and final extension allowed under the
current lease. A new lease must be generated prior to June 30, 2015 for ACS to continue
to utilize this parcel.
ACS also requested approval of a sublease to GCI to allow the collocation of the tower
structure with GCI. Subleases are allowed under Article 14 of the lease upon findings by
council that use is (a) compatible with the use of adjacent lands; (b) a permitted use under
existing zoning regulations and comprehensive land use plan; and (c) found to be in the
public interest.
INTENT: To enter into Lease Amendment No. 3 approving a final extension of the
current lease with ACS Wireless #94 -092 for an additional five years, ending June 30,
2015, and approving a sublease to GCI through June 30, 2014.
FISCAL NOTE: Due to an appraised value increase and the rental rate adjustment
clause this annual rate will increase fro $800 to $1600.
Approved by Finance Department:
ATTORNEY REVIEW: YES X NO
RECOMMENDATION
Council approve Resolution 2010- 4'approving Lease Amendment No. 3 the extension of
lease number 94 -092 with ACS Wireless for a term not to exceed five years and
approving a sublease to GCI through June 30, 2014.