 | RESOLUTION NO. 231 of 2021 DATED: October 26, 2021 |
RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY
| Seconded by: | Wilson |
WHEREAS, Montgomery County wishes to enter into a lease with Cellco Partnership DBA Verizon for Verizon toi nstall, maintain and operate communications equipment at the Montgomery County Jail; and
WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.
NOW THEREFORE BE IT RESOLVED, that Introductory Local Law E (Local Law 5 of 2021) hereby is submitted to the Legislature of the County of Montgomery for consideration:
INTRODUCTORY LOCAL LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENTS BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY
BE IT ENACTED by the Legislature of the County of Montgomery as follows:
SECTION 1. The purpose of this local law is to authorize the Montgomery County Executive to enter into a lease with Cellco Partnership dba Verizon (hereinafter "Verizon"), their successors and assigns, to construct, and maintain and operate the radio communications equipment, antennas and appurtenances.
SECTION 2. That the space to be leased is a portion of 200 Clark Drive, Town of Glen, County of Montgomery, State of New York (Tax Map No. 52.-2-30.12) measuring approximately five thousand, six hundred twenty-five square feet, sufficient to install, maintain and operate communications equipment, as shown on Exhibit "A" which is attached hereto and made a part hereof(hereinafter the "Premises") ; together with the non‑exclusive right (“the Right of Way”) for ingress and egress, seven (7) days a week, twenty‑four (24) hours a day, over the property to and from the Premises for the purpose of installation, operation and maintenance of LESSEE’s communications equipment over or along a twenty (20) foot wide right-of-way (“Easement”), as along the existing driveway. Verizon may use the Easement for the installation, operation and maintenance of underground (if permitted by the utility provider) wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services. In addition, Montgomery County grants Verizon two (2) ten (10) foot wide utility easements for the installation, operation and maintenance of underground (if permitted by the utility provider) wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services. In the event it is necessary, Montgomery County agrees to grant Verizon or the support services provider the right to install such services on, through, over and/or under the Property, provided the location of such services shall be reasonably approved by Montgomery County in advance of any work being done.
Verizon will reserve space on the tower for antennas and within the fenced compound for base station equipment of Montgomery County. Montgomery County's equipment will not incur a rent charge for using the space but the Montgomery County will be responsible for its own utility charges and all costs associated with installing and maintaining its equipment. Montgomery County's tower space will be located below the level necessary for the antenna arrays of three commercial carriers. The loading of Montgomery County's antennas and equipment shall not exceed that of a standard antenna array for a commercial carrier. Montgomery County will follow the typical application and review process required for any entity to collocate on a Verizon Wireless structure and shall bear the standard costs associated with that review process. Montgomery County may not sub-lease or assign its rights hereunder.
SECTION 3. That the lands described in Section 2 are not being used by the County for ordinary county purposes.
SECTION 4. The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale. They may only be leased pursuant to the provisions of this law.
SECTION 5. That the lands described in Section 2 may be leased to Verizon without advertising or competitive bidding.
SECTION 6. That rent from Verizon shall be $18,000 annually to be paid in equal monthly installments on the first day of the month. The annual rental for each such five (5) year extension term shall be equal to one hundred two percent (102%) of the annual rental payable with respect to the immediately preceding five (5) year term. In the event that Verizon subleases space on the ground or on the tower to a second or additional telecommunications carrier or other commercial entity, Verizon shall pay $300 per month to Montgomery County. Verizon shall have the sole right to determine whether it will sublet, license or otherwise allow the use of any portion of the Premises or whether it will sublet, license or enter into any other usage agreement with any specific user. If Verizon holds over after the expiration or earlier termination of the Term, then the lease shall continue on a month to month basis at the then existing monthly rental rate or the existing monthly pro-rata basis if based upon a longer payment term, until the removal of the communications equipment is completed.
Verizon shall also have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which Montgomery County demonstrates is the result of Verizon's use of the Premises and/or the installation, maintenance, and operation of the Verizon's improvements, and any sales tax imposed.
Verizon shall be responsible for the cost of installation of any utilities and any utility charges. Montgomery County shall allow access if any utilities need to be installed.
SECTION 7. Upon termination, Verizon shall not be entitled to reimbursement for any fees paid prior to termination. Montgomery County additionally shall be entitled to a Termination Fee equal to the Rental for the lesser of the remaining rent for the then current term under the Land Lease or one year of rent . In addition, upon termination Montgomery County shall have the option to purchase the tower at fair market value, or remove the communications equipment (except footings) and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted.
SECTION 8. Montgomery County agrees to execute a Memorandum of this Agreement, which Verizon may record with the appropriate recording officer.
SECTION 9. Verizon shall be required to recieve any necessary governmental approvals, including SEQRA approvals, prior to construction.
SECTION 10. That the County Executive be, and hereby is, authorized to sign a lease for a term of five years between Montgomery County and Verizon that shall automatically be extended for four (4) additional five (5) year extension terms unless Verizon terminates at the end of the then current term.
SECTION 11. To the extent that this local law is inconsistent with Section 215 of the County Law of the State of New York it shall supersede that section.
SECTION 12. If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect.
RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)
Attachment
Statement of Legislative and Financial Impact:
I. Nature of Request:
ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY
Lease of a portion of 35.8 acres to Verizon to construct a new tower.
II. Justification:
Will provide revenue to the County on a portion of land that is no longer required for public use.
III. Legislative Impact:
Authorized pursuant to Article 2 of the Montgomery County Charter.
IV. Financial Impact:
Will bring additional revenue to the County which can be expended for lawful county purposes.
| cc: | County Clerk County Treasurer |
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