HomeMy WebLinkAbout2011-10-05 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # Lj
DATE 10/5/11
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 7130 92 Street
South.
STAFF RECOMMENDATION
Approve the amendment to the Water Tower Site Lease at 7130 92 Street South.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
El
SUPPORTING DOCUMENTS
DATE REVIEWED
APPROVED DENIED
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® MEMO /LETTER: Robert Vose, Assistant City Attorney, 9/14/11
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: First Amendment to Site Lease Agreement, Location Map
ADMINISTRATORS COMMENTS
Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
1311WI1I D1U1
TO: Honorable Mayor and City Council
FROM: Robert Vose, Assistant City Attorney
Kennedy & Graven, Chartered
DATE: September 14, 2011
RE: Amendment to Water Tower Site Lease;
7130 South 92 Street (Cottage Grove site)
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.
CT160 -112
391971 RJV CT160 -120
Market: MNP
Cell Site Number: MPLSMN3118
Cell Site Name: Cottage Grove
Fixed Asset Number: 10081736
SECOND AMENDMENT TO SITE LEASE AGREEMENT
THIS SECOND 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 October 6, 1999,
as amended by that First Amendment to Site Lease Agreement, dated March 20, 2002, whereby
City leased to AT &T certain Premises, therein described, that are a portion of the property
located at 7130 South 92 Street, Cottage Grove, MNT (collectively the "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 Second Amendment, the terms of this Second 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 Second 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: Mana , -
By:
Nam L77—, k-�-�—
Title[ Real Estate & construction Manager
Date: p /�
2
TENANT ACKNOWLEDGEMENT
STATE OF
)ss:
COUNTY OF �_ )
On the? z� day ofd 20 before me�personally appeared Pi, T �-tK'-1 i , and
acknowledged under oath that bebe iaa s <r�v L' nsh ci q AT &T Mobility Corporation,
the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as
such was authorized to execute this instrument on behalf of th limited li ability company.
a �` ~ _
*+ Karen Jean Frederickson Not yl I C.
Notary Public My Commission Expires: emu,
Minnesota
p' My Commission Ends Jan. 31, 2014
STATE OF
COUNTY OF
)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:
EXHIBIT
[PLEASE ATTACH SITE DRAWINGS]
Notes:
I. THIS EXHIBIT MAYBE 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 FUZE DEPARTMENTS.
4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE
ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN
ABOVE.
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