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• <br />AGENDA ITEM NO. 5B <br />STAFF ORIGINATOR: Rick DeGardner, Public Services Director <br />DATE: December 28, 2009 <br />TOPIC: Consideration of Resolution 09 -119, Clear Wireless LLC <br />Communication Site Lease Agreement <br />VOTE REQUIRED: Simple Majority <br />BACKGROUND: <br />Clear Wireless LLC is proposing to lease space for the installation of antenna facilities on the city's <br />existing water storage tank located at 7470 4th Avenue NE. Three sectors of up to four panel <br />antennas will be placed on the tower. The associated cabinets will be installed inside the tower base <br />on a platform approximately 7'x 7'. <br />An intermodulation study was conducted by Owl Engineering & EMC Test labs, Inc. and the results <br />indicate that the Clear Wireless communications system added frequencies should not cause any <br />harmful interference problems to any of the existing communications systems. <br />•The proposed agreement provides for rent in the amount of $900 per month for a period of five years. <br />The agreement provides for automatic renewals of five additional five -year terms, each with a 5 <br />percent annual rent increase of the previous term's annual rent. <br />The necessary language to indemnify and hold harmless the City on all claims due to Clear Wireless <br />LLC operation, installation, or maintenance of their equipment has been included. Staff is requesting <br />council approval of the attached communication site lease agreement. <br />OPTIONS: <br />1. Approve Resolution 09 -119, Clear Wireless LLC Antenna Lease Agreement. <br />2. Do not approve Resolution 09 -119. <br />RECOMMENDATION: <br />Option 1. <br />• <br />