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HomeMy WebLinkAbout25A - AGMT - LAND LEASE AT 2115 W MCFADDENREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2012 TITLE: AMENDMENT AGREEMENT FOR LAND LEASE WITH NEW CINGULAR WIRELESS PCS, LLC CELLSITE AT JEROME PARK -CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1 s' Reading Ordinance on 2?d Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the execute an amendment to the lease agreement with the co-location revenue sharing requirement, subject City Manager and the City Attorney. City Manager and the Clerk of the Council to New Cingular Wireless PCS, LLC to remove to non-substantive changes approved by the DISCUSSION On July 2010, New Cingular Wireless PCS, LLC (formerly AT&T Wireless Services) entered into a lease agreement to install a monopine cell tower and equipment building at Jerome Park. The lease agreement indicates an 80/20 co-location revenue share with the City. Verizon Wireless is proposing to co-locate onto the New Cingular Wireless monopine. The co-location revenue share makes it financially difficult for Verizon or any cell company to co-locate onto the New Cingular Wireless site. Staff recommends the co-location revenue share be deleted from the New Cingular Wireless agreement to allow for co-location. The Verizon Wireless lease agreement on this same agenda is dependent on the removal of this co-location clause. FISCAL IMPACT There is no fiscal impact associat with this action. 00, Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency 25A-1 25A-2 Cell Site No./Name: FA 10127664 / 000240-02 Market: Los Angeles FIRST AMENDMENT TO LAND LEASE AGREEMENT THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT ("First Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), is 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, having a mailing address of 20 Civic Center Plaza (M-30), P.O. Box 1988, Santa Ana, California 92702 (hereinafter referred to as "Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, Georgia 30004 (hereinafter referred to as "Lessee"). WHEREAS, Lessor and Lessee entered into a Land Lease Agreement dated April 19, 2011, whereby Lessor leased to Lessee certain Premises, therein described, that are a portion of the Property located at 21 15 West Mefadden, Santa Ana, Orange County, California (the "Agreement"); and WHEREAS, Lessor and Lessee desire to amend the Agreement to provide that Lessee is not obligated to share tower rent received from Verizon Wireless as a third-party tower co-location user ; and WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Co-Location Revenue Share. Notwithstanding anything in Section 25(B) of the Agreement to the contrary, Lessor hereby acknowledges that Lessee is not obligated to share eighty percent (80%) of the tower rent received from Verizon Wireless, as a third-party tower co-location user. 2. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 3. Capitalized Terms. All capitalized terms used but not defined herein shall hzve the same meanings as defined in the Agreement. REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURES APPEAR ON NEXT PAGE, IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this First Amendment on the dates set forth below. AT I'EST: By: MARIA D. HUIZAR Name: Paul M. Walters Clerk of the Council Title: Interim City Manager Date: APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney LESSOR: City of Santa Ana By: LAURA SHEEDY Assistant City Attorney W itnes Name: LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Name Title: Date: WitnesNarne: 2 Neil C. Boyer Director - Network LESSOR ACKNOWLEDGEMENT STATE OF COUNTY OF ) ss: BE PT REMEMBERED, that on this day of . 20__, before me, the subscriber, a person authorized to take oaths in the State of ___ ........... ............. ...._--, personally appeared who, being duly sworn on oath, deposed and made proof to my satisfaction that s/he is the person(s) named in the within instrument: and I, having first made known to him/her the contents thereof, s/he did acknowledge that s/he signed, sealed and delivered the same as his/her voluntary act and deed for the purposes therein contained. Notary Public: My Commission Expires: LESSEE ACKNOWLEDGEMENT STATE OF GEORGIA ) COUNTY OF WhIgElf )SS ) On the 30 day of ?TAWAR.Y , 20V, before me personally appeared Neil C. Boyer, and acknowledged under oath that he is the Director - Network of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, the Lessee named in the atta •hed instrument, and as such was authorized to execute this instrument on behalf of the company. ??NIN i t 40 ??`??-PK•...eiati r Owl Public ".. r My Comtnissi n yxpires: ]NOTARIAL., SEAL] ZZE aUgL?G ap RY t6.••"(a`? ooutk tt. N 11111110 ..____.._._._-_ 25A-6