In March 2006, City Council approved a License Agreement with T-Mobile Texas, LP to install antenna equipment on the Mason Road Elevated Storage Tank site located in the Covington Woods Subdivision. The original agreement allowed for the installation of three pairs of antennas mounted on the handrail on top of the elevated storage tank. In addition, the license agreement was non-exclusive, required T-Mobile to adhere to the City’s security requirements, allowed for the removal or relocation in order to not interfere with the repair, rehabilitation or maintenance of the elevated storage tank, provided for T-Mobile to install its own site utilities, allowed termination of the agreement by the City or T-Mobile with 30 days’ notice after the first five years of the initial term, required T-Mobile to pay the City an initial annual License fee of $18,000 with automatic increases each year by three percent (currently $24,190.50), and provided for an initial term of ten years with five successive five year renewal periods.
In December 2012, the City executed the first amendment to the license agreement to authorize the assignment of the License from T-Mobile Texas, LP to T-Mobile West, LLC and to allow an upgrade of the antenna equipment. T-Mobile issued a renewal letter in accordance with the agreement in January 2016 for the first five-year renewal period.
In December 2016, the City executed the second amendment to the license agreement to authorize T-Mobile to update the currently installed equipment located on the Mason Road Elevated Storage Tank. The upgrades consisted of three upgraded antennas, diplexers and a new high capacity hybrid cable. As a result, the fee was increased by an additional $4,247.50 for a total of $28,438.00 beginning on March 22, 2017 and will automatically increase each year thereafter by three percent.
In May 2017, T-Mobile submitted final plans for the improvements approved in the second amendment. The proposed plans included minor changes to the proposed installation not captured in the second amendment's exhibits.
On October 17, 2017 the City executed the third amendment to the agreement which updated the exhibits to reflect the final construction plans. The City approved the amendment without change to the current contract fee.
In May 2018, T-Mobile approached the City requesting to install an emergency generator within their existing service platform located on the City’s property. The plans for this installation are not included in the current agreement and require a fourth amendment. Staff has reviewed the proposed installation and does not feel the generator will have any negative impact on any of the City’s service level commitments. Staff is recommending the amendment be granted without any change to the current contract fee.
The Public Works Department recommends City Council approve the Fourth Amendment to the License Agreement between T-Mobile West, LLC and the City of Sugar Land.