In 1998, The Mayor and City Council approved a 15-year lease for a small portion of land west of Field #2 in the Stewart Park softball field complex. This lease was for the purpose of locating a cell tower. Since that time two additional co-locating sublessees have been using the tower as authorized by the lease document. It is now time for the Mayor and Council to consider renewal of the lease because the term of 15 years under the original lease has expired. Under the new document that renews and amends the original lease, there is an initial 10-year term and then three, subsequent 5-year automatic renewals. There are increases in the annual lease payments from the primary lessee, GTP Acquisition Partners, LLC, as well as increased annual fees for co-locating companies who currently have equipment affixed to the tower or may desire to attach equipment to the tower in the future. If the lease is assigned or transferred to another company not affiliated with GTP Partners, there will be a $10,000 transfer fee. All of these amounts are provided in Sections 2 and 3 of the attached, new renewal/amendment document. There is also a three percent (3%) annual increase of the lease fees as provided in Section 3. Both the renewal/amendment document and the original 1998 lease will govern the lease terms and both are attached.

Council may:

• Approve the renewal and amendments to the original lease agreement; or,
• Disapprove the renewal and amendments to the original lease agreement.

The City will be paid lease amounts as provided in Section 3 which are $10,000 per year for the primary lessee, GTP Partners, and $3,000 per year for each sublessee or co-locator. Each of these payments will be increased by 3% annually and will go into the General Fund.

Staff recommends that Council approve the attached Renewal and Amendment to the original 1998 cell tower lease.