PRESENTER: Presenter
Matthew Eckmann, Assistant Director of Public Works
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SUBJECT: Title
Approval of a third amendment to lease agreement between the City of New Braunfels and NCWPCS MPL 25 - Year Sites Tower Holdings, LLC for a communications tower located at 350 S. Castell Ave.
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DEPARTMENT: Public Works
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COUNCIL DISTRICTS IMPACTED: 5
BACKGROUND INFORMATION:
The City of New Braunfels has been leasing property for a communications tower located at 350 S. Castell Ave. since 1994. The current lease has been extended several times with the final extension expiring on December 31, 2025. Staff has notified the Tenant that we will not be renewing the lease on this site due to future projects on this property which would be in conflict with a communications tower. The Tenant has requested a final one-year renewal of this agreement in order to relocate to a new site and decommission this site in order to provide the least amount of service disruption as possible.
ISSUE:
Staff is in agreement with allowing the one-year renewal at a rental rate of $48,000.00 for a term beginning January 1, 2026 and expiring December 31, 2026. As part of this agreement, the Tenant will agree to have all of their improvements removed from the property no later than the expiration date of the lease. Additionally, the Tenant will agree to waive their right to file suit against the City (or its representatives) for denial of the Tenant’s application for a telecommunications tower at South Castell Avenue and Butcher Street.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☐N/A
[Enter Objectives/Performance Measures Supported]
FISCAL IMPACT:
Revenue will be generated by this lease extension which will go directly to the General Fund.
Recommendation
RECOMMENDATION:
Staff recommends approval of this lease extension.