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ITEM 3.13 Water Tower #3 lease0 fid 1,11110 OtSegTY O o F MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Legal City Attorney November 13, 2018 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.13 STRATEGIC VISION MEETS: `I THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. ARE YOU SEEKING APPROVAL OF A CONTRACT? Has proactively expanded infrastructure to responsibly provide core services. Yes Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. BACKGROUND/JUSTIFICATION: Is a social community with diverse housing, service options, and employment opportunities. wireless transmission off of Water Tower #3. The original lease required amendment in the event that Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: That the Council approve the attached Amendment To Water Tower Lease Between City of Otsego and Nextera Wireless Dated May 8, 2017 for placement of additional antennas and equipment on Water Tower #3. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The City previously approved a Water Tower Lease Agreement with Nextera Wireless for operation of wireless transmission off of Water Tower #3. The original lease required amendment in the event that Nextera proposed installation of additional equipment on the tower. Nextera has requested amendment to the lease in order to allow them to place two additional antenna structures on Water Tower #3. There are currently no other antennas except for Nextera's and the City SCADA located on Water Tower #3. City staff has reviewed the request and has no problem with installation of the additional equipment. Nextera (then StoneBridge) was the first internet provider to locate on City facilities. The new Water Tower Lease with Nextera which was approved by the Council on May 8, 2017 is consistent with other telecommunication leases on City facilities in the amount of rent, yearly escalator clauses, and requirements that equipment be kept in a separate building at the base of the tower. The proposed amendment adjusts the rental rate to conform to the lease escalator clause. The lease amendment would terminate at the same time as the underlying lease (five years) and incorporates all the terms and conditions of the lease. Nextera has reviewed the proposed amendment and is in agreement with the document. SUPPORTING DOCUMENTS ATTACHED: • Nextera Lease Amendment & Exhibit A (Drawing) POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to Approve Amendment to Water Tower Lease Between the City of Otsego and Nextera Wireless dated May 8, 2017. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A AMENDMENT TO WATER TOWER LEASE BETWEEN CITY OF OTSEGO AND NEXTERA WIRELESS DATED MAY 8, 2017 THIS AGREEMENT made this _ day of November, 2018 by and between the City of Otsego (CITY), a Minnesota municipal corporation and Nextera Wireless (NEXTERA), a Minnesota Limited Liability Company. WHEREAS, CITY and NEXTERA entered into an Agreement dated May 8, 2017 regarding NEXTERA use of the CITY's Water Tower No. 3 and the Leased Premises; and WHEREAS, NEXTERA has proposed the construction of Additional Equipment as defined in Paragraph 5 of the original Lease; and WHEREAS, CITY requires an addendum to the original lease in order to memorialize the terms and conditions for the placement of the Additional Equipment. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties Agree as follows: 1. NEXTERA is hereby granted non-exclusive access onto the Leased Premises and WATER TOWER #3 for purposes of construction, maintenance, operation and removal of the Additional Equipment, subject to the same terms and conditions as in the original lease. 2. The additional equipment consists of two (2) antennas or equivalent structures as described in the attached Exhibit A. 3. NEXTERA will pay CITY a monthly additional fee of $104.00 for each new antenna or an additional total payment of $208.00 per month above and beyond those fees required by the original Lease. The total amount for the Leased Premises and eight antennas or equivalent structures upon the date of this Amendment is $1,352.00 per month. Said fees shall be adjusted yearly as set forth in the original lease. 4. The lease term for the Additional Equipment shall terminate at the end of the Initial Term of the original Agreement, subject to potential renewal. 5. All other terms and conditions contained in the original Lease shall apply to the Additional Equipment. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals (if any) the day and year first above written. 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