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
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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.
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My Comtnissi n yxpires:
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