COUNCIL COMMUNICATION
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DATE: 8-19-02 |
SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-199 Authorizing the City Manager to
execute a lease with Nextel WIP Lease Corp. dba Nextel Partners for
approximately 12,713 square feet of land located at 1820 Pappas Street for
the purpose of locating an antenna tower at the Laredo International
Airport. Lease term is for five (5)
years commencing on September 1, 2002 and ending on August 31, 2007, and may
be extended for four (4) terms of five (5) years each ending on August 31,
2012; August 31, 2017; August 31, 2022; and August 31, 2027. Annual base rent shall be $8,400.00,
payable in advance. The base rent
shall be increased annually according to changes in the Consumer Price Index
and further adjusted by fair market value appraisal on the 10th
and 20th anniversaries; providing for an effective date. |
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INITIATED
BY: Cynthia
Collazo Assistant City Manager |
STAFF SOURCE: Jose L. Flores Airport Director |
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PREVIOUS
ACTION: On August 5,
2002, Ordinance was introduced by City Council, and Staff was instructed to
proceed. BACKGROUND:
Lessee shall use the premises for the
construction and operation of its communications facility, including the
tower, and Lessee has the right to install, maintain and operate radio
communications facilities, including without limitation utility lines,
transmission lines, air conditioned equipment shelter(s), electronic equipment,
radio transmitting and receiving antennas and supporting equipment and
structures (“Tenant’s Equipment”) and any other use that is incident thereto
and for no other purpose. Lessee
shall, at its own expense, comply with all present and future federal, state,
and local laws, ordinances, rules and regulations (including laws and
ordinances relating to health, safety, radio frequency emissions, and
radiation) in connection with the use, operation, maintenance, construction
and/or installation of the premises. This lease is not a franchise pursuant
to Texas Transportation Code Ann. §311.071 (West 1996), nor is it a permit to
string or bury telecommunications lines in the public rights-of-way. As additional rent, Lessee shall
permit Lessor, to install and maintain at maximum one antenna placement on
the tower during the term of this lease and any exercised option terms. Lessor shall have the right to such use
for the balance of any such term even if the Lessee ceases its use of the
tower. |
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FINANCIAL
IMPACT: Land Rent
Revenues Account
No. 242-0000-361-2070 $8,400.00
Per Year |
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COMMITTEE
RECOMMENDATION: The Airport Advisory Committee recommends approval. |
STAFF
RECOMMENDATION: That the City
Manager execute lease with Nextel WIP Lease Corp. dba Nextel Partners. |
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ORDINANCE NO.
2002-O-199
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH NEXTEL
WIP LEASE CORP. dba NEXTEL PARTNERS FOR APPROXIMATELY 12,713 SQUARE FEET OF
LAND LOCATED AT 1820 PAPPAS STREET FOR THE PURPOSE OF LOCATING AN ANTENNA TOWER
AT THE LAREDO INTERNATIONAL AIRPORT.
LEASE TERM IS FOR FIVE (5) YEARS COMMENCING ON SEPTEMBER 1, 2002 AND
ENDING ON AUGUST 31, 2007, AND MAY BE EXTENDED FOR FOUR (4) TERMS OF FIVE (5)
YEARS EACH ENDING ON AUGUST 31, 2012; AUGUST 31, 2017; AUGUST 31, 2022; AND AUGUST
31, 2027. ANNUAL BASE RENT SHALL BE
$8,400.00, PAYABLE IN ADVANCE. THE BASE
RENT SHALL BE INCREASED ANNUALLY ACCORDING TO CHANGES IN THE CONSUMER PRICE
INDEX AND FURTHER ADJUSTED BY FAIR MARKET VALUE APPRAISAL ON THE 10TH
AND 20TH ANNIVERSARIES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Airport Director recommends that the City
Council approve the proposed lease between the City of Laredo, as LESSOR, and
Nextel WIP Lease Corp. dba Nextel Partners, as LESSEE, for approximately 12,
713 square feet of land located at 1820 Pappas Street at the Laredo
International Airport, as a contract and in furtherance of the development of
the Laredo International Airport and as a support to the maintenance and operation
of the Laredo International Airport.
WHEREAS, the Airport Advisory Committee finds that said
lease and contract are in the best interest of the Airport and recommends that
the City Council approve the proposed lease; and
WHEREAS, the City Council of the City of Laredo having
heard the recommendations of the Airport Director and of the Airport Advisory
Committee agrees with same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LAREDO THAT:
Section 1: The City Manager be hereby authorized
to execute a lease with Nextel WIP Lease Corp. dba Nextel Partners for
approximately 12,713 square feet of land located at 1820 Pappas Street at the
Laredo International Airport, a copy of which lease is attached hereto as
Exhibit A, and incorporated herein as if set out at length for all intents and
purposes.
Section 2: This Ordinance shall become effective
upon passage hereof.
AN ORDINANCE AUTHORIZING A
LEASE BETWEEN THE CITY OF LAREDO AND NEXTEL WIP LEASE CORP. dba NEXTEL PARTNERS
(12,713 SQUARE FEET OF LAND)
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON
THIS THE ____ DAY OF ________________, 2002.
_________________________
ELIZABETH G. FLORES
MAYOR
ATTEST:
_________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY
APPROVED AS TO FORM:
JAIME L. FLORES
CITY ATTORNEY
BY:_______________________
VALERIA M. ACEVEDO
ASSISTANT CITY ATTORNEY