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Sponsored by: Oates <br /> CITY OF SEWARD, ALASKA <br /> `.. RESOLUTION 2010 -047 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br /> ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN <br /> AMENDMENT TO THE LEASE AGREEMENT 94 -092 WITH ACS <br /> WIRELESS, INC., AS SUCCESSOR IN INTEREST TO MACTEL <br /> CELLULAR SYSTEM FOR A PORTION OF U.S.S. 4828, WITHIN <br /> SECTION 12, T1S, R1W, SEWARD MERIDIAN, SEWARD RECORDING <br /> DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, FOR <br /> THE PURPOSE OF EXTENDING THE TERM OF THE LEASE TO JUNE <br /> 30, 2015 <br /> WHEREAS, ACS Wireless, Inc., successor in interest to Mactel Cellular System <br /> ( "Lessee ") has requested a lease term extension to its existing lease agreement with the City of <br /> Seward for 2800 square feet, more or less, within U.S.S. 4828, within section 12, T1S, R1W, <br /> Seward Meridian, Seward Recording District, Third Judicial District, State of Alaska; and <br /> WHEREAS, the current lease has been in effect since December 28, 1994 and the Lessee <br /> has submitted a timely request for an extension of the lease term in accordance with Section 2.4 <br /> of the Lease; and <br /> WHEREAS, Section 2.4 of the Lease provides that the Lessee shall have the right to <br /> extend the initial term of the Lease for two additional five -year periods provided that Lessee <br /> exercise the option to extend at least 180 days prior to the expiration of the then current Lease <br /> term, Lessee is not in default, and the Seward City Council approves the extension by resolution; <br /> and <br /> WHEREAS, ACS provided supplemental information in support of the <br /> sublease /collocation request received for GCI in accordance with Article 14 of the Lease; and <br /> WHEREAS, use of the tower by GCI is compatible with the use for adjacent lands. The <br /> City of Seward previously approved the tower construction and use. The tower is registered with <br /> the FCC and height was approved by the FAA for air clearance; and <br /> WHEREAS, its use by GCI is permitted under the then existing zoning regulations and <br /> comprehensive land use plan. GCI operates on FCC licensed frequencies for CDMA and GSM <br /> cellular and data transmit in the 1851.25 to 1931.25 bandwidth; and <br /> WHEREAS, the addition of GCI's collocation will provide additional coverage of <br /> cellular and data services to GCI's network allowing additional services to their customers <br /> including E911 coverage. It is in both carriers' (ACS and GCI) interest to work together with <br /> our communities and collocation on tower structures together when the opportunity presents <br /> itself. In doing so, this reduces the number of towers that may otherwise be needed by each <br /> carrier. By permitting the collocation on this tower that structurally can support the collocation, <br /> ,,,,,, this reduces GCI's need for a new tower to be built in the same area; and <br />