A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A LEASE AGREEMENT FOR A PORTION OF HOMESTEAD PARK FOR THE PURPOSE OF ALLOWING SPRINTCOM, INC.  TO CONTINUE OPERATION OF AN EXISTING CELLULAR TELEPHONE TOWER (2008-03-03/R-2)

WHEREAS, the Council has adopted a franchise ordinance allowing SprintCom, Inc. to operate a telephone utility in Chapel Hill; and

WHEREAS, SprintCom and Duke Energy installed a cellular telephone antenna on top of an electric transmission tower in Homestead Park in 1998; and

WHEREAS, SprintCom’s cellular telephone transmission antenna provides a service to the citizens of Chapel Hill; and

WHEREAS, advertisements were scheduled for publication (News & Observer of Feb. 22, The Chapel Hill News of Feb. 24, News & Observer of Feb. 29 and The Chapel Hill News of March 2) stating the Council’s intent to enter into a lease agreement as required by G.S. § 160A-272;

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to execute an agreement with SprintCom Inc. that would allow SprintCom, Inc. to continue to operate a cellular transmission tower at Homestead Park until September 20, 2013, with a provision that would allow SprintCom to further extend the lease for two additional five-year periods.

This the 3^rd day of March 2008.