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HomeMy WebLinkAbout~Master - Agreement to provide Verizon limited right of entry to City property RESOLUTION NO. 14-043 RESOLUTION APPROVING AGREEMENT TO PROVIDE VERIZON WIRELESS TEMPORARY LIMITED RIGHT OF ENTRY TO SQUAW CREEK PARK FOR THE CITY OF AMES,IOWA WHEREAS, several cellular providers have contracts to place private cellular network equipment on City property; and, WHEREAS, in March 2012, City staff was approached by a firm representing Verizon Wireless to place a cellular antenna on City property located south of the Iowa Department of Transportation,and this location would bolster Verizon's network around the Iowa State Center and the downtown area, which would benefit both Verizon's customers and the City's emergency responders; and, WHEREAS, Verizon's preferred site for this new tower is approximately 350 feet east of South Maple Avenue near the Parks and Recreation Department's Squaw Creek Community Gardens; and, WHEREAS,over the past year,City staff and Verizon have negotiated the terms of using this site for a cellular antenna, and City staff and Verizon have arrived at lease terms that staff supports bringing to the City Council for approval; and, WHEREAS, before that can occur, Verizon must complete a lengthy review of the lease agreement, and City staff has been told that this review could take several months; and, WHEREAS, one key provision of this draft lease is that the City would not receive rental payments until construction commences on the site, and before construction could occur, Verizon will need access to the site to conduct soil tests and take measurements; and, WHEREAS, this access is authorized by signing of the main lease by both the City and Verizon, but access would be withheld until the lease is signed; alternatively, access could begin earlier through adoption of a separate agreement that allows Verizon access for testing and measurement purposes only; and, WHEREAS, since Verizon has indicated that the lease approval will take several months, adoption of this separate agreement would allow Verizon's tasks to be conducted concurrently, moving the potential construction date up by several months; and, WHEREAS,under the terms of this temporary agreement,Verizon and its contractors would have rights to enter the property to conduct inspections, surveys, structural strength analyses, subsurface boring tests, an environmental site assessment, and any other types of testing Verizon deems necessary; and, WHEREAS, these activities would be conducted at Verizon's cost and the City would not be responsible for the actions of Verizon's employees or contractors; and, WHEREAS, this agreement would be in effect for a period of one year; upon execution of the permanent lease,the temporary agreement's terms regarding site access would be superseded by the lease agreement's terms; if no lease agreement is completed, Verizon would be responsible for returning the area to its original condition NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Ames, Iowa, that the temporary agreement granting Verizon Wireless a limited right of entry to City property for the purposes of inspection and testing is hereby approved. ADOPTED THIS 28th day of January, 2014. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Orazem Seconded by: Gartin Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 28th day of January, 2014.