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Home My WebLink About2011-09-07 PACKET 04.T.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/7111 0 PREPARED BY Public Works Les Burshten ORIGINATING DEPARTMENT STAFF AUTHOR ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION REQUEST Consider approval of an amendment to the Water Tower Site Lease at 6950 Meadow Grass Avenue South. STAFF RECOMMENDATION Approve the amendment to the Water Tower Site Lease at 6950 Meadow Grass Avenue South. BUDGET IMPLICATION $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑❑ ❑ ❑ ❑ ❑ � SUPPORTING DOCUMENTS ® MEMO /LETTER: Robert Vose, Assistant City Attorney, 9/1111 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: First Amendment to Site Lease Agreement, Location Map ADMINISTRATORS COMMENTS W C City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER MEMORANDUM TO: Honorable Mayor and City Council FROM: Robert Vose, Assistant City Attorney Kennedy & Graven, Chartered DATE: September 1, 2011 RE: Amendment to Water Tower Site Lease; 6950 Meadow Grass Avenue South AT &T We have negotiated an amendment to an existing lease with New Cingular Wireless PCS, LLC, as successor -in- interest to AT &T Wireless Services of Minnesota, Inc. ( "AT &T "). The amendment will permit AT &T to install a new fiber line and associated equipment to serve its existing wireless facilities at the site. The amendment provides for a rent increase of $4800 per year. Rent will continue to inflate annually in accordance with the underlying lease. This lease amendment is generally consistent with leases previously approved by the Council. AT &T will reimburse the City's expenses in relation to negotiating the amendment. We recommend approval. Cr160 -112 391383 RSV CT160 -120 Market: MNP Cell Site Number: MPLSMN 3117 Cell Site Name: Woodbine Fixed Asset Number: 10051795 FIRST AMENDMENT TO SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT, dated as of the latter of the signature dates below, is by and between City of Cottage Grove, a Minnesota Municipal corporation, having a mailing address of 7516- 80 Street, Cottage Grove, MN ( "City ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as successor -in- interest to AT &T Wireless Services of Minnesota, Inc., a Nevada corporation ( "AT &T "). WHEREAS, City and AT &T entered into a Site Lease Agreement dated June 21, 2000 whereby City leased to AT &T certain Premises, therein described, that are a portion of the property located at 6950 Meadow Grass Avenue South, Cottage Grove, MN ( "Lease Agreement "); and WHEREAS, City and AT &T desire to amend the annual rent in the Agreement; and WHEREAS, City and AT &T desire to amend the utilities in the Agreement; and WHEREAS, City and AT &T, 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, Owner and Tenant agree as follows: 1. Rent. Once the additional utilities have been installed by AT &T, the existing annual rent shall increase by $4,800.00 per year commencing on the first of the month following start of construction. 2. Utilities. The following shall be added to Section 9 of the Agreement: In order to service the Leased Premises, AT &T, at AT &T's sole cost and expense, shall be permitted to install, maintain and operate a certain telecommunications and utility right of access across City's property to the Premises. As more fully described in Exhibit F attached hereto, City hereby grants to Tenant a non - exclusive utility right of access for such telecommunications and utility purposes to the Premises as shown on Exhibit F. The utility right of access is only permitted as long as the original Agreement is in effect.. 3. 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. 4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this First Amendment on the dates set forth below. "CITY" City of Cottage Grove A Minnesota Municipal corporation By: _ Name Title: Date: "TENANT" New Cingular Wireless PCS, LLC, By: AT &T Mobility Corporation Its: Manager By: Name Title: Date: 2 TENANT ACKNOWLEDGEMENT STATE OF ) )ss: COUNTY OF ) On the day of 200_ before me personally appeared and acknowledged under oath that he is the of of the named in the attached instrument, and as such was authorized to execute this instrument on behalf of the STATE OF ;17171RI&V1T Notary Public: My Commission Expires: )ss: On the day of , 200_ before me personally appeared and acknowledged under oath that he is the of of the named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Notary Public: My Commission Expires: 3 EXHIBIT [PLEASE ATTACH SITE DRAWINGS] Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND /OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF'THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. 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