City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: November 7, 2023
ITEM NO: 8.1
SUBJECT: Approve Entering into an agreement between the City of Patterson and New Cingular Wireless PCS, LLC and authorize the City Manager or his Designee to execute the agreement.
RECOMMENDATION
Motion to Approve entering into an agreement between the City of Patterson and New Cingular Wireless PCS, LLC and authorize the City Manager or his Designee to execute the agreement.
BACKGROUND
Some time ago, City staff was approached by representatives from New Cingular Wireless PCS, who indicated that they had a gap in wireless coverage in the vicinity of the Aquatic Center and Centennial Park. City property in those areas seemed to be the best location to accommodate such a tower. An application was submitted for a site at Centennial Park, however, the City Council expressed concern that locating the tower as proposed could restrict development of the future Centennial Park and directed staff to work with the applicant on an alternative site. This application represents that new site.
The project is an unmanned wireless facility, consisting of an 84.9’ tall decorative bell tower, an 8’ x 8’ pre-cast concrete shelter, and a 30 KW generator, enclosed by a solid wall. The project would be located in a vacant 900 square-foot area outside the fence, off of the southwest edge of the Aquatics Center. A minimal access easement would extend from West Las Palmas Avenue to provide all-weather access to the site.
The project site is located on City-owned property that currently includes existing facilities, such as the Aquatics Center, Hammon Senior Center, skate park, and Recreation Department offices.
Tilton Park is located to the west.
The Planning Commission reviewed the project at the September 28, 2023 meeting and approved the conditional use permit required for the project.
Because the project would require the lease of City land, a draft agreement has been prepared.
ANALYSIS
The draft lease agreement includes the following key terms:
· The City (Landlord) would provide New Cingular Wireless PCS, LLC (tenant) an option to lease the 900 square feet associated with the project for necessary studies and tests in exchange for $500.
· The initial term of the lease would be a five-year period, which automatically renew for four additional five-year terms unless the Tenant informs the Landlord of the intention not to renew within 60 days of the term expiration.
· The tenant would pay the Landlord $1500 per month. Each year, the monthly rent would increase by two percent.
· If either party is in default of the agreement, the agreement may be terminated by the other party with 30 days written notice.
· The tenant shall maintain two million dollars of commercial general liability insurance for bodily injury, personal injury, and property damage.
FISCAL IMPACT
Monthly payment of rent to the City in the amount of $1,500 per month with annual increases