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HomeMy WebLinkAbout2007 02 12 Regular 307 Crown Castle Internation - Revenue Share Agreement Cell Tower COMMISSION AGENDA ITEM 307 Regular February 12.2007 Regular Meeting MGR.DEPT. Authorization REQUEST: City Manager requesting the City Commission to review a request from Crown Castle International to amend the revenue share agreement for the cell tower located at 411 Shore Road. PURPOSE: This agenda item is needed to determine if the Commission is willing to amend the revenue share provided in the current agreement with Crown Castle International. CONSIDERATIONS: The City entered into a lease agreement with Bellsouth Mobility on November 7, 2000 to lease BellSouth Mobility property for purposes of constructing, operating and maintaining a telecommunications tower on 411 Shore Road. This lease was subsequently assigned to Crown Castle South, LLC. Financial terms of the lease provide for an annual lease payment, currently $40,202.82, with a 5% annual escalation factor. Additionally, the lease provides for co-location of additional telecommunication systems, up to four, on the existing tower. All co-locators shall pay the City a monthly rental amount of $1,000. The City is now in receipt of a request from Crown Castle to amend/modify the current lease agreement as it relates to co-location revenue. Crown Castle is now subleasing tower space to an additional tenant, Metro PCS. Crown Castle contends that the financial arrangement provided for in the current lease agreement is not profitable and therefore not financially feasible to Crown Castle. As shown below in the Funding Section of this agenda item, accordingly to data provided by Crown Castle it is receiving $1,800 per month from its current tenant, Cingular, and $1,400 per month from its subleasee, Metro PCS, for a total of $3,200. Total required payments to the City would be $4,350.24 ($3,350.24 lease payment plus $1,000 co-locate lease payment for Metro PCS). This places Crown Castle in a $1,150.24 negative position, according to data provided by Crown Castle. Crown Castle further contends that, if it is required to make the associated payment of $4,350.24, which would include the co-locate payment of $1,000 as required by the current lease agreement, it may be forced to terminate the lease in its entirety, resulting in $0 revenue to the City for this tower. Crown Castle is thus proposing a reduction in the co-locate payment to the City from $1,000 to $425 per co-locator. Crown Castle asserts that this reduction would enable its lease to be financially feasible and on-going. The City Manager and staff have repeatedly advised Crown Castle representatives to appear before the City Commission in order to present and defend their request. Crown Castle has informed the City that it is unable and unwilling to do so. FUNDING: The current agreement generates approximately $40,203 in annual revenue to the City of Winter Springs. The proposed sublease at $1,000 per month would generate an additional $12,000 per year in revenue. The proposed reduction of the sublease to $425 per month would reduce the $12,000 additional dollars in lease revenue by $6,900, as follows: Current Scenario (per Contract) Current Lease Revenue Add'l Sublease Revenue at $1,000 per month Total $40,203 $12,000 $52,203 Crown Castle Proposed Scenario Current Lease Revenue Add'l Sublease Revenue at $425 per month Total $40,203 $5.100 $45,303 Delta $6,900 RECOMMENDATION: Staff, in consultation with our cell tower consultant Arthur K. Peters, recommends the City Commission take no action on this request until such time as authorized representatives of Crown Castle appear before the City Commission to present and defend their position on this matter. If the Commission chooses to make a decision tonight, staff would recommend denial of the request. ATTACHMENTS: COMMISSION ACTION: