Recommendation
Staff recommends the Mayor and Council approve the lease between the Mayor and Council of Rockville and Cricket Communications, Inc., and authorize the City Manager to execute the agreement in a form satisfactory to the City Attorney.

Discussion
A cell tower ("monopole") and the wireless communications equipment of cellular telephone companies is located in a fenced-in compound in a wooded area near the 15th hole at the City-owned RedGate Municipal Golf Course. The telecommunications facility was approved in 1996 by a Special Exception. In 2001, the City's zoning ordinance pertaining to wireless communications facilities was changed to encourage colocation, and it allows a wireless carrier to locate on an existing structure, such as a monopole, without a Special Exception. A Use Permit is required for the Cricket facility, and on August 12, 2008, the City's Chief of Planning approved the Use Permit Amendment conditioned on obtaining Mayor and Council approval of a lease agreement.

According to information provided by Cricket, it is a flat-rate wireless phone service that also offers wireless Internet service. The company's literature indicates it provides service in more than 50 markets across the United States, and is now starting up service in the greater Washington, D.C. area.

The proposed Cricket lease is basically the same as that of the other carriers located at RedGate and as the standard City lease agreement for this site. While the initial term of ten years is longer than the initial five-year term of the other carriers, the total 20 year length of the agreement, including optional terms, is the same as the other carriers. Among the other provisions of the lease are the following:

• Lease rate of $19,200.00 for the first year with five percent annual increases for each year of the initial term and each year of the optional terms. These terms are similar to those of the other leases at the site.
• Cricket will abide by the Access and Maintenance Rules signed by all carriers to protect the golf course and its users.
• Cricket will obtain all necessary federal, state, and local certificates, permits and other necessary approvals.
• Cricket will enter into a separate lease agreement with the owner of the monopole to place antennas on the monopole.
• Cricket will indemnify and hold harmless the City.
• Cricket will obtain and maintain general liability insurance naming the City as additional insured.
• The City has the option to terminate the agreement if it needs to dispose of the property, if it is in the best interests of the City or if the property is needed for other governmental or public uses.
• Cricket will provide names and telephone numbers of agent(s) that can be reached 24 hours a day, seven days per week.
  

Fiscal Impact
This lease will generate additional General Fund revenue for the City as follows: $19,200.00 for the first year with five percent annual increases for each year of the initial term and each year of the optional terms.

Attachments

Department Head:



Mike Cannon, Director of Information and Technology
Approved on: 05/07/2009

Assistant City Manager:


Jenny Kimball, Assistant City Manager
Approved on: 05/08/2009

City Manager:

Scott Ullery, City Manager
Approved on: 05/08/2009