 | RESOLUTION NO. 164 of 2022 DATED: July 26, 2022 |
RESOLUTION ADOPTING INTRODUCTORY LAW C (LOCAL LAW 3 OF 2022) - A LOCAL LAW AUTHORIZING AN OPTION AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY (COUNTY LEGISLATURE)
| Seconded by: | Pepe |
WHEREAS, Local Law 5 of 2021 authorized entering into a five year lease with four additional five year terms for space at the Montgomery County Sheriff's office for a tower for Verizon; and
WHEREAS, Verizon wishes to enter into an option agreement to preserve the ability to enter into this lease for twelve (12) months with two automatic twelve (12) month extensions.
OW THEREFORE BE IT RESOLVED, that INTRODUCTORY LAW C (LOCAL LAW 3 OF 2022) hereby is submitted to the Legislature of the County of Montgomery for consideration:
INTRODUCTORY LAW C (LOCAL LAW 3 OF 2022) - 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 an option agreement 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. The option agreement is to lease 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 an option to lease the lands described in Section 2 may be granted to Verizon without advertising or competitive bidding.
SECTION 6. That rent from Verizon shall be $2,500 annually to be paid by Verizon within ninety (90) days of the execution of the agreement and within thirty (30) days of any extension.
SECTION 7. Verizon may assign this Agreement to any entity which acquires all or substantially all of Verizon's assets in the market defined by the FCC in which the property is located by reason of a merger, acquisition or other business reorganization without approval or consent of Montgomery County.
SECTION 8. The Montgomery County Executive is authorized and directed to execute a Memorandum of Option and Lease Agreement, which Verizon may record with the appropriate recording officer as well as an Option and Lease Agreement.
SECTION 9.That the County Executive be, and hereby is, authorized to sign an option agreement for a term of twelve (12) months between Montgomery County and Verizon that shall automatically be extended for two (2) additional twelve (12) month extension terms unless Verizon terminates at the end of the then current term.
SECTION 10. 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 11. 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(6). Legislators Sweet, Wilson and Duchessi were absent. (7/26/2022)
Statement of Legislative and Financial Impact:
I. Nature of Request:
RESOLUTION ADOPTING INTRODUCTORY LAW C (LOCAL LAW 3 OF 2022) - A LOCAL LAW AUTHORIZING AN OPTION AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY
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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