CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving the Third Amendment to Tower and Vault Sublicense Agreement between the City and SMSA Limited Partnership for use of space and installation of cellular antennae on the Millennium Carillon Facility located at 427 Aurora Avenue
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
On September 29, 1999, the Millennium Carillon Foundation and Chicago SMSA Limited Partnership (“Verizon”) entered into a Tower and Vault Sublicense Agreement (“Agreement”) for installation of cellular equipment on the Millennium Carillon Facility (“Carillon”) located at 427 Aurora Avenue.
On October 29, 2004, the Millennium Carillon Foundation and Verizon executed amendments to the Agreement allowing for additional space on the tower and installation of 12 antennae.
On or around September 20, 2005, the Millennium Carillon Foundation transferred ownership of the Carillon to the City of Naperville (“City”). Pursuant to the transfer of ownership, the Millennium Carillon Foundation assigned all its rights in the Agreement to the City. The City accepted the assignment.
On July 31, 2024, Verizon contacted the City regarding removal of certain antennae and installation of new antennae on the Carillon.
DISCUSSION:
Verizon’s requested modification exceeded the 12 antennae restriction contained in the 2004 amendment. After negotiations to allow for installation of additional antennae, Verizon agreed to an additional $1,260 in monthly rent for the remainder of the agreement. Schedule B-1 reflects the updated annual rent amounts based on the increase. The Agreement expires on May 31, 2030.
FISCAL IMPACT:
Corresponding increase of $15,120 in annual rent.