ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 21, 2013 DATE: August 22, 2013 SUBJECT: License Agreement between The County Board of Arlington County, Virginia, and A-Quincy Tower, LLC, concerning the Installation of Conduit, Fiber Optic Lines and Appurtenant Facilities on the Roof and Other Areas of the Building and Property located at 2900 S. Quincy Street, Arlington, Virginia (RPC# 29-019-022). C. M. RECOMMENDATION: 1. Approve the attached License Agreement between The County Board of Arlington County, Virginia, and A-Quincy Tower, LLC, concerning the installation of conduit, fiber optic lines and appurtenant facilities on the roof and other areas of the building and property located at 2900 S. Quincy Street, Arlington, Virginia (RPC# 29-019- 022). 2. Authorize the Real Estate Bureau Chief or his designee, to execute, on behalf of the County Board, the License Agreement and any related documents, subject to approval as to form by the County Attorney. ISSUES: Approval and execution of the attached License Agreement (Exhibit A) ( License ) will allow the County to install, operate and maintain conduit, fiber optic lines and other facilities as part of the Public Safety Radio Ring project. The facilities will be installed on the roof and in other portions of the building and property located at 2900 S. Quincy Street, Arlington, Virginia, in which the County currently operates and maintains a public safety radio antenna, as required by the building developer/owner pursuant to a condition of Site Plan #106. There are no outstanding issues. SUMMARY: The County currently has a public safety radio antenna on the roof of the building located at 2900 S. Quincy Street pursuant to a site plan condition that allows the County to locate and operate a public safety radio antenna and related equipment in the penthouse and on the roof of the building. As part of the project, the County will connect the antenna to the fiber-optic network throughout the County. Approval and execution of the License will provide permission County Manager: ##### County Attorney: ***** 32. Staff: Betsy Herbst, DES, Real Estate Bureau
to the County from the property owner to run the cables through the ground, garage, building walls and up to the roof. Vicinity Maps are attached hereto as Attachments 1 and 2. BACKGROUND: The County previously installed a public safety radio antenna on the roof of the building located at 2900 S. Quincy Street, known as the Shirlington Tower Building in the Villages at Shirlington. The antenna was originally installed pursuant to Condition No. 46 of Site Plan #106, which was approved by the County Board on March 30, 1999. This condition reserved unto the County the right to install radio transmitters and receivers in the penthouse or top floor and antennae on the roof of the building at no charge to the County. The County s current public safety radio system operates by microwave, requiring the precise alignment of antennas and a direct line of sight from one tower to the next. Construction of all commercial buildings in the line of site path disrupts the effectiveness of the microwave signal. Connecting the Shirlington Tower Building and five other radio transmitters/receivers in a ring by way of the County s fiber optic network mitigates the effect of a building physically blocking antennae-based communication between two radio transmitters/receivers, or of an antennae misalignment caused by an adverse weather event. Construction of the public safety radio ring is currently underway and is expected to be completed this fall. The project will also connect the antenna into the Connect Arlington network, which is the broadband fiber-optic network connecting County and school buildings for educational, public safety, transportation, and governmental uses. DISCUSSION: The County currently operates and maintains an antenna on the roof of the building. The antenna operates with the use of microwave signals. In order to provide a more reliable connection into the building and up to the antenna, the County must run a portion of the lines through the ground, garage, building and other interior areas of the building. Consequently, it is necessary to acquire permission from the Owner to install and maintain the fiber optic conduit, equipment and facilities ( Facilities ) within the building. The Owner has agreed to permit the County to install the Facilities within a portion of the above described areas at no cost to the County. The County may remove the Facilities from the property at its own expense. The term of the license will continue for the life of the Site Plan, until the building is demolished, or the County no longer uses, or has removed and not replaced the Facilities. The License also contains other provisions regarding the procedures for installation, maintenance, liability and removal of the Facilities when the County no longer desires to have its Facilities within the building. The Owner will be liable for its gross negligence and willful misconduct and that of its employees. The Owner also must require its contractors performing work where the County Facilities are located to maintain liability insurance. FISCAL IMPACT: There is no fiscal impact for the County to enter into the License. CONCLUSION: It is recommended that the County Board approve the License, attached hereto as Exhibit A, and authorize the Real Estate Bureau, or his designee to execute, on behalf - 2 -
of the County Board, the License and any related documents, subject to approval as to form by the County Attorney. - 3 -
ST S Vicinity Map License Agreement 2900 South Quincy Street RPC# 29019022 ARLINGTON MILL DR SHIRLINGTON RD S RANDOLPH ST CAMPBELL AVE S QUINCY SHIRLINGTON CIR 29019022 31ST ST S INTERSTATE 395 INTERSTATE 395 HOV LANES 0 200 Feet S QUAKER LN ST Pursuant to Section 54.1-402 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Easements and Dedications are approximate. Aerial Photography flown February 2011 Map prepared by Arlington County GIS Mapping Center Produced and June 2013 STAFFORD /
Vicinity Map License Agreement 2900 South Quincy Street RPC# 29019022 CAMPBELL AVE 29019022 S RANDOLPH ST S QUINCY ST 0 75 Feet / Pursuant to Section 54.1-402 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Easements and Dedications are approximate. Aerial Photography flown February 2011 Map prepared by Arlington County GIS Mapping Center Produced and June 2013 INTERSTATE 395