Loading...
HomeMy WebLinkAbout~Master - Agreement to grant right of entry to City property for inspection and testing to plan and design cellular tower installation RESOLUTION NO. 15-278 RESOLUTION APPROVING AGREEMENT GRANTING LIMITED RIGHT OF ENTRY TO CITY PROPERTY FOR INSPECTION AND TESTING FOR CELLULAR INSTALLATION FOR THE CITY OF AMES,IOWA WHEREAS, several cellular providers have contracts to place private cellular network equipment on City property; and, WHEREAS,earlier this year,City staffwas approachedby SSD,the development subsidiary of Selective Site Consultants,Inc.(SSC),with a proposal to place a cellular antenna on City property located just west of the Ames Dog Park in southeast Ames; and, WHEREAS,SSC is representing Verizon Wireless as a site acquisition consultant,and it has proposed developing a monopole antenna approximately 120-130 feet in height west of the Dog Park; and, WHEREAS, SSC would own the pole and its first tenant would be Verizon,with additional tenants that could be accommodated in the future; and, WHEREAS,Until a lease is agreed to between the City and SSC, SSC does not have rights to conduct soil tests and take measurements on the property,and these activities are essential to the planning process prior to construction; and, WHEREAS, in order to allow that evaluation to proceed, the City and SSC may enter into a separate agreement that allows SSC access to the property to complete its evaluation; and, WHEREAS, this type of agreement was approved by the City Council twice since 2013 for other cellular projects in advance of a long-term lease being signed; and, WHEREAS, under the terms of this temporary agreement, SSC and its contractors would have rights to enter the property to conduct inspections, surveys, structural strength analysis, subsurface boring tests,an environmental site assessment,and any other types of testing SSC deems necessary; and, WHEREAS, these activities would be conducted at SSC's cost and the City would not be responsible for the actions of SSC's employees or contractors, and SSC has already obtained a certificate of liability insurance naming the City as an additional insured; and, WHEREAS, this agreement would be in effect for a period of one year, however, upon execution of the lease which would allow SSC to construct its antenna,the temporary agreement's terms regarding site access would be superseded by the lease agreement's terms; and, WHEREAS,additionally, if no lease agreement is completed, SSC would be responsible to return the area to its original condition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the agreement with Selective Site Consultants granting it a limited right of entry to City property for the purposes of inspection and testing to plan for a cellular installation is hereby approved. ADOPTED THIS 28t1i day of April, 2015. 4. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Goodman Seconded by: Corrieri Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 28'day of April, 2015.