HomeMy WebLinkAbout5J, Memorandum of Understanding with AT&T for its 4G LTE Upgrade at the Cummings Park Water Tower lt
,-ARZEN,HILLS
Request for Council Action 5J
Prepared By: Jill Hutmacher, Community Council Meeting Date: October 8, 2012
Development Director
Memorandum of Understanding with AT&T for its 4G LTE Upgrade at the Cummings
Park Water Tower
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Recommendation:
Staff recommends Council approve the Memorandum of Understanding with AT&T for the 4G LTE
upgrade project at the Cummings Park water tower.
Supporting Documents:
1. Memorandum dated October 8, 2012, from Jill Hutmacher, Community Development Director.
2. Memorandum of Understanding-AT&T Upgrade at Cummings Park Water Tower.
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,-ARZEEN HILLS
MEMORANDUM
DATE: October 8, 2012
TO: Honorable Mayor and Councilmembers
City Administrator Patrick Klaers
FROM: Jill Hutmacher, Community Development Director�Jlf f
SUBJECT: Memorandum of Understanding with AT&T for its 4G LTE Upgrade at the
Cummings Park Water Tower
Requested Action
Approve Memorandum of Understanding with AT&T for its 4G LTE upgrade at the Cummings
Park water tower.
Background
AT&T currently leases space at the Cummings Park water tower and has installed three antennas
at 130 feet(the top of the tower), three antennas at 80 feet, and an equipment shelter on the
ground. As part of AT&T's LTE upgrade project(related to 4G wireless communications
technology), AT&T proposes to replace all six antennas and add three additional antennas at the
80-foot level. Upgraded and new cables, mounts, and other equipment will also be required. A
2002 lease amendment allows AT&T a total of nine antennas at the Cummings Park water tower.
On July 11, 2002, the City Council approved an agreement with SEH for third party engineering
review of the upgrade. SEH has completed the technical review and has advised the City that all
issues have been satisfactorily addressed.
The attached Memorandum of Understanding(MOU) addresses issues directly related to the
LTE upgrade. AT&T has provided an escrow of$10,000 towards the City's engineering,
inspections, and legal costs. The MOU requires AT&T to provide an additional payment of
$2,500 to cover staff and administrative expenses. Furthermore, AT&T will provide an
installation escrow of$10,000 which will be refunded to AT&T once the City receives as-built
drawings and all punch list items have been satisfactorily completed.
City of Arden Hills
City Council Meeting October 8, 2012
Page 1 of 2
The existing lease with AT&T was approved in 1989 and terminates in 2014. Staff is currently
discussing a lease renewal with AT&T.
Staff Recommendation
Approve the Memorandum of Understanding with AT&T for the 4G LTE upgrade project at the
Cummings Park water tower.
Attachment
A. Memorandum of Understanding
City of Arden Hills
City Council Meeting October 8, 2012
Page 2 of 2
Attachment
Memorandum of Understanding -
AT&T 4G Upgrade at Cummings Park
Water Tower
October 8, 2012, City Council Meeting
Memorandum of Understanding
This Memorandum of Understanding ("MOU") is entered into effective on the latest date this
MOU is executed by the last of the following parties, by and between City of Arden Hills ("Landlord"),
whose address is City of Arden Hills, 1245 West Highway 96, Arden Hills,MN 55112, and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, f/k/a AT&T Wireless Services of Minnesota
Inc, successor in interest to Minnesota Cellular Telephone Company, having a mailing address of 12555
Cingular Way, Suite 1300,Alpharetta, GA 30004("Tenant").
WHEREAS, City of Arden Hills and New Cingular Wireless, PCS, LLC, entered into Water
Tower Lease Agreement dated August 18, 1989, as amended on March 26, 2002; and
WHEREAS, the Water Tower Lease Agreement allows the Tenant to use a portion of the
Landlord's property located at 1221 Cummings Park Drive(the"Property) in connection with the Tenant's
federally licensed communications business; and
WHEREAS, Tenant desires to add, modify and/or replace equipment related to the Tenant's 4G
LTE improvement project (the "Upgrade") to ensure the successful, secure and ongoing operation of its
communications facilities; and
WHEREAS, Landlord and Tenant, by mutual agreement and for their mutual interest, agree to
enter into negotiations for a new Site Use Lease Agreement before December 31,2012; and
WHEREAS, Tenant agrees to provide Landlord a one-time payment of$2,500.00 (two thousand
five hundred dollars)upon full execution of this MOU; and
WHEREAS, Tenant shall pay for Landlord's reasonable and documented costs for engineering,
inspections, and legal fees related to the Upgrade and a new lease agreement, and Tenant has paid an
escrow fee of$10,000.00 (ten thousand dollars)towards these costs; and
WHEREAS, Tenant has provided an interference study carried out by an independent and
qualified professional showing that Tenant's intended use will not interfere with any existing
communications facilities located on the structure; and
WHEREAS, Prior to operational startup of the Upgrade, Tenant shall provide an installation
escrow of$10,000.00 (ten thousand dollars)which shall be refunded to the Tenant upon the completion of
work described below:
1. Tenant shall provide Landlord with a Site Plan in electronic file format
compatible to the Landlord's record file system consisting of as-built drawings of
the Tenant's antenna facilities and the Tenant's improvements installed on the
Property,which show the actual location of all equipment and improvements.
2. Tenant shall complete all punch list items related to installation of the Upgrade to
the satisfaction of the Landlord; and
WHEREAS,Tenant will agree to i.) coordinate a jointly-conducted site walk of the Property with
all related parties, i.) attend a pre-construction meeting with S.E.H and i.) obtain the proper building
permit approvals from City of Arden Hills,before any Tenant installation work is performed.
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree
Tenant shall be allowed to commence installation work for their Upgrade starting on October 15, 2012 and
ending no later than November 9,2012.
IN WITNESS WHEREOF,the parties have caused their properly authorized representatives to execute
and seal this MOU on the dates set forth below.
LANDLORD: City of Arden Hills
By
Its Administrator
TENANT: New Cingular Wireless PCS,LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By
Its