Title
Introduction of Incorporated County of Los Alamos Ordinance No. 721, An Ordinance Authorizing Amendment of Lease with Sprint Spectrum Realty Company, LLC, a Delaware Limited Liability Company, Successor-in-Interest to Alamosa Properties, L.P., a Texas Limited Partnership (“T-Mobile”) for Replacement of Existing Antenna Collocation and Facilities at 280 North Mesa Road, Los Alamos.
Recommended Action
I introduce without prejudice, Introduction of Incorporated County of Los Alamos Ordinance No. 721, An Ordinance Authorizing Amendment of Lease with Sprint Spectrum Realty Company, LLC, a Delaware Limited Liability Company, Successor-in-Interest to Alamosa Properties, L.P., a Texas Limited Partnership (“T-Mobile”) for Replacement of Existing Antenna Collocation and Facilities at 280 North Mesa Road, Los Alamos.
Utilities Manager's Recommendation
The Utilities Manager recommends that the Board of Public Utilities introduce this Ordinance.
Body
The Incorporated County of Los Alamos (the “County”) and Sprint Spectrum Realty Company, LLC, a Delaware limited liability company, successor-in-interest to Alamosa Properties, L.P. a Texas limited partnership (“T-Mobile”) are parties to that certain Lease for Antenna Collocation and Facilities Site dated March 5, 2002 (the “Lease” Attachment B) concerning a certain portion of the property located at 280 North Mesa Road, Los Alamos, New Mexico 87544 (the “Mesa Water Tank”). The primary use of the Mesa Water Tank is for potable water storage for the citizens of the County.
Specifically, the County, in its proprietary capacity under the Lease, currently leases to T-Mobile (i) vertical and horizontal space at 122-feet above-ground-level on the Mesa Water Tank, and (ii) 624 square feet of ground space adjacent to the Mesa Water Tank (collectively, the antenna space on the Mesa Water Tank and the ground space adjacent to the Mesa Water Tank comprise of the “Premises”) for the installation and operation of T-Mobile’s wireless communication facility (“Site”).
Under the Lease, T-Mobile is permitted to attach a total of six (6) antennas, not exceeding six (6) feet in length, to the Mesa Water Tank. T-Mobile is presently requesting to amend the Lease to be permitted to expand its antenna array by adding one (1) more antenna in its vertical space that may be up to eight feet (8’) tall. They also seek permission to add fiber and powering cables that run up along the support structure of the Mesa Water Tank to connect the new antenna to its ground equipment. As a result, T-Mobile’s site will occupy more space horizontally on the same 122-foot vertical level of the Mesa Water Tank.
At ground level, T-Mobile is proposing to (i) replace its two (2) existing cabinets with two (2) new ground cabinets, and (ii) install an emergency standby electrical propane generator and propane tank to power the Site in the event of a commercial power outage. All proposed ground modifications will be made within the existing 624 square feet of ground space, with no additional ground space required. Refer to Attachment C for the Lease Amendment and exhibits showing existing and proposed modifications to the attached array and site features.
If the County is willing to grant T-Mobile the valuable privileges of expanding its site as detailed above, then an amendment to the Lease is necessary. In such an amendment the County may wish to seek an increase in rent, in addition to amending other terms of the Lease. As the direction of the County’s Legal Department, Telecom Law Firm has negotiated a proposed amendment to the Lease changes to the Lease that better balance the rights of the parties under the Lease. A summary of the current provisions and proposed changes are shown in Attachment D.
Alternatives
If the amendment is not approved, the lease is still in place, but the proposed improvements will not be allowed to be constructed.
Fiscal and Staff Impact
This amendment to the lease will increase the monthly rent by 225% for the remainder of the lease which expires on March 4, 2032, and the 3% annual escalation will remain in effect. In addition, T-Mobile will pay the County a one-time fee of $15,000 upon execution of the lease amendment to cover the cost of staff and contract attorney work performed preparing the amendment.
Attachments
A - Incorporated County of Los Alamos Ordinance No. 721
B - Existing Lease for Antenna Collocation and Facilities Site
C - Amendment No. 1 to Lease for Antenna Collocation and Facilities Site
D - Summary of Current & Proposed Revisions