File #: BILL NO. 22-82    Name:
Type: Ordinance Status: Passed
File created: 4/12/2022 In control: City Council - Regular Session
On agenda: 4/19/2022 Final action: 4/26/2022
Title: An Ordinance approving the second amendment to a Real Property and Monopole Lease Agreement between the City of Lee’s Summit and T-Mobile Central, LLC, to increase the annual rent, and authorizing the Mayor to execute the same. (NOTE: Read by Council on April 26, 2022. Passed by unanimous vote.)
Attachments: 1. Ordinance, 2. Exhibit A to Ordinance: Second Amendment to T-Mobile Lease, 3. Supporting Document: Original Lease with APT Now T-Mobile, 4. Supporting Document: First Amendment to Lease
Related files: BILL NO. 17-185

Title

An Ordinance approving the second amendment to a Real Property and Monopole Lease Agreement between the City of Lee’s Summit and T-Mobile Central, LLC, to increase the annual rent, and authorizing the Mayor to execute the same.

(NOTE: Read by Council on April 26, 2022.  Passed by unanimous vote.)

 

Body

Issue/Request:

Approve the second amendment to a lease agreement between the City and T-Mobile to increase the amount of rent T-Mobile pays to the City under the lease. 

 

Key Issues:

The City of Lee’s Summit (the “City”) and APT Kansas City, Inc., entered into a real property and monopole lease agreement executed on April 23, 1997 (“Lease”) at the Fire Department Headquarters addressed as 207 SE Douglas Street and attach telecommunications facilities to such monopole.

 

APT Kansas City, Inc. assigned its interests in the lease to T-Mobile Central LLC’s (“T-Mobile”), and the Lease was amended on August 23, 2017, pursuant to Ordinance No. 8226, to extend the Lease term and increase the annual rent to reflect the fair market value.

 

T-Mobile is updating its facilities on the monopole and would like to add more of its facilities to the monopole.  Because T-Mobile is adding more facilities to the monopole then originally approved under the Lease, the City and T-Mobile negotiated an $2,700 increase in T-Mobile’s annual rent to the City.

 

The increase shall take effect when the additional facilities are installed or by June 30, 2022, whichever occurs first. 

 

Proposed City Council Motion:

I move for adoption of an Ordinance approving the second amendment to a Real Property and Monopole Lease Agreement between the City of Lee’s Summit and T-Mobile Central, LLC, to increase the annual rent, and authorizing the Mayor to execute the same.

 

Presenter 

Dan White, Chief Counsel of Management and Operations

 

Committee Recommendation

Staff recommends approval