Loading...
HomeMy WebLinkAbout25D - INSTALL ATION OF COMMUNICATIONS EQUIPMENT REQUEST FOR COUNCIL ACTION ~~~~.'T CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED As Recommended LEASE AGREEMENT AMENDMENTS As Amended sc WITH TOWERCO ASSETS LLC FOR Ordinance on 1 Reading Ordinance on 2"d Reading INSTALLATION OF EQUIPMENT AT Implementing Resolution HERITAGE, ROSITA AND WINDOR Set Public Hearing For PARKS f, CONTINUED TO FILE NUMBER IT MANAGER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement amendment with TowerCo Assets LLC for the installation of communications equipment at Heritage Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement amendment with TowerCo Assets LLC for the installation of communications equipment at Rosita Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement amendment with TowerCo Assets LLC for the installation of communications equipment at Windsor Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 4. Approve an appropriation adjustment recognizing $10,800 in the Capital Outlay Fund revenue account (no. 05102002-57010) and appropriate same to the Capital Outlay Fund expenditure account (no. 05113263-66220). DISCUSSION On June 3, 2002 the City Council approved site license agreements with Sprint for the installation of cellular communications equipment at Heritage and Windsor parks. The City currently receives $1,476 monthly for each of these lease agreements. On July 6, 2004 the City Council 25D-1 Lease Agreement Amendments with TowerCo December 7, 2009 Page 2 approved a similar site license agreement for the installation of cellular equipment at Rosita Park. The City receives $2,319 per month for the lease of this space. On September 23, 2008, Sprint assigned tower rights to TowerCo Assets LLC. TowerCo is proposing to amend these three site license agreements to allow Clear Wire LLC (Clearwire) to sublease space at these sites. Clearwire will be using the existing equipment buildings and towers to install dish antennas and will not be occupying any additional park property. TowerCo has agreed to pay an additional $300 per month for each sublease, or $10,800 annually. The Clearwire sublease fee will increase by 3% annually, consistent with the base TowerCo site license agreement. The sublease fee shall terminate on the date the Clearwire sublease terminates or expires and the rent thereafter shall be reduced by an amount equal to the sublease fee. FISCAL IMPACT This appropriation adjustment will recognize $10,800 in the Capital Outlay Fund revenue account (no. 05102002-57010) and appropriate same to the Capital Outlay expenditure account (no. 05113263-66220. APPROVED AS TO FUNDS AND ACCOUNT: 7/~- Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Rec. and Com. Svcs. Finance and Mgt. Svcs. Agency 25D-2 AMENDMENT TO LAND LEASE AGREEMENT THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee"). RECITALS A. Lessor entered into that certain Land Lease Agreement dated June 3, 2002, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property located at 2915 West La Verne Ave., Santa Ana, CA 92704 (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No. 2009000020370, on January 16, 2009. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. CA2930 -Windsor Pazk First Amendment DM# vl 25~-3 3. Notices. Notwithstanding anything to the contrary in the Agreement, facsimile notices shall not be permitted. The Lessee notice address set forth in Section 26 of the Agreement is hereby deleted and replaced with the following: LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: CA2935 4. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this First Amendment and the terms of the Agreement, the terms set forth in this First Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 5. Counterparts. This First Amendment may be executed in one or more counterparts which shall be construed together as one document. 6. Defined Terms. Unless otherwise defined, all defined terms used in this First Amendment shall have the meanings ascribed to them under the Agreement. 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this First Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 8. Non-Binding Until Fully Executed. This First Amendment is for discussion purposes only and does not constitute a formal offer by either party. This First Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. 9. Recitals. The recitals at the beginning of this Amendment are incorporated in and made a part of this Amendment. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] CA2930 -Windsor Pazk First Amendment DM# vl 25P~-4 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the latter of the signature dates below. LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ATTEST: California By: MARIA D. HUIZAR Clerk of the Council Name: DAVID N REAM Approved as to Form Its: City Manager Joseph W. Fletcher Date: City Attorney Bv: Laura Sheedy Assistant City Attorney LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company By: Name: Michael P. MacPherson Its: Vice President /General Manager Date: CA2930 -Windsor Park First Amendment DM# vl 2~~35 25D-6 AMENDMENT TO LAND LEASE AGREEMENT THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee"). RECITALS A. Lessor entered into that certain Land Lease Agreement (A-2004-140) dated July 6, 2004, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property located at 706 North Newhope St., Santa Ana, CA 92703 (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No. 2009000088777, on February 26, 2009. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. CA294'7 -Salgado Center First Amendment DM# vl 25P~e-7 3. Notices. Notwithstanding anything to the contrary in the Agreement, facsimile notices shall not be permitted. The Lessee notice address set forth in Section 26 of the Agreement is hereby deleted and replaced with the following: LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: CA2935 4. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this First Amendment and the terms of the Agreement, the terms set forth in this First Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 5. Counterparts. This First Amendment may be executed in one or more counterparts which shall be construed together as one document. 6. Defined Terms. Unless otherwise defined, all defined terms used in this First Amendment shall have the meanings ascribed to them under the Agreement. 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this First Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 8. Non-Binding Until Fully Executed. This First Amendment is for discussion purposes only and does not constitute a formal offer by either party. This First Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. 9. Recitals. The recitals at the beginning of this Amendment are incorporated in and made a part of this Amendment. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] CA2947 -Salgado Center First Amendment DM# v 1 Page 2 25D-8 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the latter of the signature dates below. LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ATTEST: California By: MARIA D. HUIZAR Clerk of the Council Name: DAVID N REAM Approved as to Form Its: City Mana>;er Joseph W. Fletcher Date: City Attorney By: Laura Sheedy Assistant City Attorney LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company By: Name: Michael P. MacPherson Its: Vice President /General Manager Date: CA2947 -Salgado Center First Amendment DM# vl Page 3 25D-9 AMENDMENT TO LAND LEASE AGREEMENT THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee"). RECITALS A. Lessor entered into that certain Land Lease Agreement (A-2002-095-01) dated June 3, 2002, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property located at 4815 West Camille St., Santa Ana, CA 92704 (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No. 2009000088780, on February 26, 2009. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. CA2935 -Heritage First Amendment DM# vl Page 1 25D-10 3. Notices. Notwithstanding anything to the contrary in the Agreement, facsimile notices shall not be permitted. The Lessee notice address set forth in Section 26 of the Agreement is hereby deleted and replaced with the following: LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: CA2935 4. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this First Amendment and the terms of the Agreement, the terms set forth in this First Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 5. Counterparts. This First Amendment may be executed in one or more counterparts which shall be construed together as one document. 6. Defined Terms. Unless otherwise defined, all defined terms used in this First Amendment shall have the meanings ascribed to them under the Agreement. 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this First Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 8. Non-Binding Dntil Fully Executed. This First Amendment is for discussion purposes only and does not constitute a formal offer by either party. This First Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. 9. Recitals. The recitals at the beginning of this Amendment are incorporated in and made a part of this Amendment. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] CA2935 -Heritage First Amendment DM# vl Page 2 25D-11 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the latter of the signature dates below. LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ATTEST: California By: MARIA D. HUIZAR Clerk of the Council Name: DAVID N REAM Approved as to Form Its: City Manager Joseph W. Fletcher Date: City Attornev Bv: Laura Sheedy Assistant City Attornev LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company By: Name: Michael P. MacPherson i Its: Vice President /General Manager Date: CA2935 -Heritage First Amendment DM# vl Page 3 25D-12