A RESOLUTION AUTHORIZING THE SALE OF THE GREYHOUND PARK TOWER.
Presented by: William Buchanan, County Manager.
RECOMMENDED ACTION: Approve the agreements, related documents and resolution.
Once the upgrade of the 911 System is completed (projected date is by the end of 2013), the County will no longer have a need for an antenna on the communications tower that we own at 77th Street & I-135. We have leasing agreements with three other user antenna tenants on the tower (AT&T, Verizon Wireless & Pixius Communications, LLC). A couple of the users have asked for some structural improvements to the tower to allow major upgrades to their systems. In the process of discussing these requests, Pixius Communications, LLC made an offer to purchase the tower and the 5 acre tower site.
Under the terms proposed by Pixius, the County would sell Pixius the tower and 5 acre site for $280,000.00. The sale would also include personal property used in operation of the tower; but the County would retain title to its 4 existing 911 system antennas. Pixius will lease space on the tower to the County for the sum of $1 to maintain those antennas in place until the 911 system upgrade project is completed.
The County would also assign its Lessor interests in the existing tower leases to Pixius and grant Pixius a non-exclusive access and utility agreement to allow access to the 5 acre site by an existing private drive. The County would agree to not own or lease any antenna sites within 5 miles of the property being sold unless necessary for public safety or services.
In order to ensure access by the County to the remaining parcel owned by the County adjoining the north side of the property to be sold, Pixius will grant the County a non-exclusive emergency and contingent access easement through the 5 acre parcel to the north boundary.
The County will also notify Telecom Marketing LLC, the company which manages the County's towers, that upon sale of the Greyhound Park Tower, the County's agreement with Telecom will be modified to remove that tower. Pixius has agreed to pay the County's termination obligations that will be owed to Telecom for removing the tower from the Telecom agreement.
A) Approve the Agreements, Related Documents and Resolution
B) Do not approve the Agreements, Related Documents and Resolution
C) Take any other action deemed appropriate
Legal Considerations: The BoCC is authorized by K.S.A. 19-101 third to sell and convey any real and personal property owned by the county, and to make such orders respecting the same as may be deemed conducive to the interest of the county's residents.
Policy Considerations: The selling of the tower and the 5 acre tower site is in the best interest of the county. Selling of the tower and the 5 acres leaves the county with some 30+ acres in the remaining lower west section of the Kansas Coliseum site. We do not have a use for that property and at some point in time, would recommend putting that property up for sale as well.
Outside Attendees: None.
Multimedia Presentation: Aerial photo(s).