City of Atlanta
Georgia

Ordinance
16-O-1606

AN ORDINANCE BY FINANCE/EXECUTIVE COMMITTEE AUTHORIZING THE MAYOR OR HIS DESIGNEE, ON BEHALF OF THE CITY OF ATLANTA, TO EXECUTE A GROUND LEASE AGREEMENT WITH CLEAR WIRELESS, LLC FOR GROUND SPACE AT FORMER FIRE STATION NO. 28, 2040 MAIN STREET NW, ATLANTA, FOR A TERM ENDING APRIL 1, 2019 FOR THE PURPOSE OF PROVIDING WIRELESS COMMUNICATION SERVICES; WAIVING THE COMPETITIVE PROCUREMENT PROVISIONS CONTAINED IN ARTICLE X, PROCUREMENT AND REAL ESTATE CODE OF THE CITY OF ATLANTA; ALL REVENUE GENERATED BY SUCH LEASE AGREEMENT SHALL BE DEPOSITED INTO THE FOLLOWING ACCOUNTS: 1001 (GENERAL FUND); 3810001 (LAND RENTALS, GENERAL); 040401 (EXE GENERAL BUILDING & PLANTS); 1565000 (FUNCTION ACTIVITY GENERAL GOV-BLDGS); AND FOR OTHER PURPOSES.

Information

Department:Department of Enterprise Assets ManagementSponsors:
Category:FinanceFunctions:None Required

Body

WHEREAS, Clear Wireless, LLC (“Clear Wireless”) requires antennas and other radio communication facilities to provide wireless communication services to its customers; and

 

WHEREAS, Clear Wireless has constructed an equipment compound located on the ground on a portion of property owned by the City of Atlanta (“City”) known as former Fire Station No. 28, having an address of 2040 Main Street NW, Atlanta, Georgia 30318; and

 

WHEREAS, the Office of Enterprise Assets Management recommends that the City enter into a ground lease agreement with Clear Wireless in the form attached hereto as Exhibit “A” for a term ending April 1, 2019 with the option to extend the term for an additional ten (10) years based on approval by both parties, at a rental rate of One Thousand and No/100 Dollars ($1,000.00) per month, plus back rent owed at the rate of One Thousand and No/100 Dollars ($1,000.00) per month for the period of time prior to execution of the Agreement.

 

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS AS FOLLOWS:

 

SECTION 1:              The Mayor or his designee is hereby authorized to execute on behalf of the City a Ground Lease Agreement for the purpose of providing wireless communication services in the form attached hereto as Exhibit “A” (“Agreement”) with Clear Wireless, LLC for the use of the City premises described in the Agreement at 2040 Main Street NW, Atlanta, Georgia 30318 at a rental rate of One Thousand and No/100 Dollars ($1,000.00) per month for a term ending April 1, 2019, with the option to extend the term for an additional ten (10) years based on approval by both parties.

 

SECTION 2:  Upon execution of the Agreement by both parties and as consideration therefore, Clear Wireless, LLC shall transfer back rent to the City in the amount of $1,000.00 per month for the period of time prior to execution of the Agreement.

 

SECTION 3:  The back rent and revenue generated under the Agreement shall be deposited to Fund: 1001 (General Fund); 3810001 (Land Rental General); 040401 (Exe General Building & Plants); 1565000 (Function Activity General Gov-Bldgs).

Exhibit “A”

Ground Lease Agreement

 

[Attached]

 

Meeting History

Oct 26, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
AYES:Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Felicia A Moore
ABSENT:Alex Wan, Natalyn Mosby Archibong, Andre Dickens
Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
MOVER:Carla Smith, Councilmember, District 1
SECONDER:Yolanda Adrean, Councilmember, District 8
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Natalyn Mosby Archibong
Nov 16, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Howard Shook, Vice Chair, District 7
SECONDER:Clarence "C. T." Martin, District 10
AYES:Alex Wan, Howard Shook, Natalyn Mosby Archibong, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
ABSENT:Yolanda Adrean
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED [13 TO 0]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Kwanza Hall, Ivory Lee Young Jr., Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Cleta Winslow
AWAY:Carla Smith