Supervisors FAGAN and ARGOTSINGER offered the following Resolution and moved its
RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH NEW CINGULAR WIRELESS FOR CONSTRUCTION OF A CELL TOWER AT THE SOLID WASTE DEPARTMENT
WHEREAS, New Cingular Wireless PCS, LLC has proposed to lease County-owned property at the Department of Solid Waste for construction of a cellular communications tower for commercial purposes; and
WHEREAS, the Solid Waste Director has negotiated lease terms and recommends a lease agreement with New Cingular Wireless to locate a cellular communications tower at the Department of Solid Waste to improve communications for emergency response capability and improve Solid Waste operations relating to GPS systems in equipment and cell phone coverage at the landfill; now, therefore be it
RESOLVED, That upon the recommendation of the Committees on Public Works and Finance, the Chairman of the Board be and hereby is authorized to sign an agreement with New Cingular Wireless PCS, LLC of Atlanta, GA for lease of a 100 feet by 100 feet parcel to construct and operate a cellular communications tower, including terms as follows:
- Contract Term: Up to 45 years (Renewable at 5 year intervals solely at Tenantoption.)
- Lease Payment: $1,200.00 per month (Includes a 10 percent (%) increase at the commencement of each 5 year interval.)
- Revenue Share: Lease payment shall increase by $300.00 per month for each Collocator sublease that occurs, if any.
- County RAD Space: A 10 feet contiguous envelope between 150’ and 160’ height shall
be reserved exclusively for Landlord (County) use in communications.
- Removal/Restoration: Within 120 days of any lease termination, at Landlord option, the Tenant must remove all above ground infrastructure that was installed.
;and, be it further
RESOLVED, That said lease be subject to the approval of the County Attorney; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Solid Waste Director, Civil Defense Director/Fire Coordinator, Town of Johnstown, Superintendent of Highways and Facilities, New Cingular Wireless, Budget Director/County Auditor and Administrative Officer/ Clerk of the Board.
Seconded by Supervisor BLACKMON and adopted by the following vote:
Total: Ayes: 19 Nays: 0 Absent: 1 (Supervisor Howard)
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