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Consent Agenda Item- <br />INDIAN <br />tem , <br />INDIAN RIVER COUNTY, FLORIDA <br />DEPARTMENT OF UTILITY SERVICES <br />Date: November 7, 2016 <br />To: Jason E. Brown, County Administrator <br />From: Vincent Burke, P.E., Director of Utility Services <br />Prepared By: Cindy Corrente, Utilities Finance Manage <br />Subject: Third Amendment to Elevated Water Tank Space License Agreement with New <br />Cingular Wireless PGS, LLC <br />DESCRIPTIONS AND CONDITIONS: <br />In March 2004, the Board of County Commissioners (BCC) entered into a lease agreement with <br />Bellsouth Mobility, dba Cingular Wireless (now known as New .Cingular Wireless). The agreement <br />allowed the Licensee to install and operate a communications facility at the Utility Department's <br />elevated tank located at 1805 58`h Avenue (Kings Highway Tank). The license fee was $20,000 per year <br />and included a clause that required a four percent increase per year. On September 10, 2013, and again <br />on October 15, 2015, the lease was amended to allow for installation of additional equipment on the <br />tank. In October 2015, there was an Amended and Restated Memorandum of License agreement as <br />well. Presently, the annual lease fee is $54,518.04. <br />ANALYSIS: <br />Recently, a representative for New Cingular Wireless contacted staff to request permission to upgrade <br />certain equipment at the site. The new annual fee will be $57,593.16. As in the original lease and all <br />previous amendments, the four percent increase per year remains in effect as well. <br />FUNDING: <br />There is no cost to the department as a result of this lease. However, the department will receive <br />revenues as a result of this lease agreement. The revenues will be recorded in the operating fund under <br />the Radio Tower Rents account. The operating fund is used to cover daily expenses encountered while <br />providing services to existing customers. <br />Description Account Number Amount <br />Radio Tower Rents 471038-362011 $57,593.16 <br />RECOMMENDATION: <br />Staff recommends the approval of the attached Third Amendment to Elevated Water Tank Space <br />Agreement as well as the Amended and Restated Memorandum of License Agreement with New <br />Cingular Wireless PCS, LLC. Staff requests the BCC authorize the Chairman to execute the attached <br />Third Amendment and Restated Memorandum on their behalf. <br />Page 1 of 2 <br />1�1. <br />