2.6. ERMUSR 11-13-2012 - Laserfiche WebLink

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Elk River t Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. —General Manager John Dietz—Chair Daryl Thompson—Vice Chair Al Nadeau—Trustee MEETING DATE: AGENDA ITEM NUMBER: November 13, 2012 2.6 SUBJECT: Amendment to Tower Attachment Agreement BACKGROUND: On June 1, 2010, ERMU executed a non-exclusive tower attachment lease agreement for our Auburn Street Water Tower with Sprint Spectrum Realty Company, LP. This agreement allows Sprint to attach a specific number of cellular antennas to our water tower and house the related system equipment in the base of the tower. DISCUSSION: An agent for Sprint has contacted ERMU for approval to add additional antennas and equipment at this location. The original antennas and equipment would be removed at a later date after the new standalone system is running. This overlap may last a year. ERMU has negotiated that the original agreement terms be applied to the additional antennas and equipment. The lease payment would be per month, but would be equivalent to the current annual payment for the existing antennas and equipment. The lease payment for the additional antennas and equipment would be in addition to the lease payment for the original antennas and equipment. ERMU's legal counsel has drafted an amendment to the original agreement. This amendment is attached for Commission review. Sprint is currently undergoing a second legal review of this amendment. ACTION REQUESTED: Staff requests the Commission authorize staff to execute this amendment, or an amendment similar in intent, upon Sprint's legal review and approval. ATTACHMENTS: • First Amendment to Non-Exclusive Tower Attachment Lease Agreement ® Page 1 of 1 'POWERED O ► 1�/-1UR Reliable Public Power Provider P O W E R E D T o S E R V E