Loading...
HomeMy WebLinkAboutNEW CINGULAR WIRELESS PCS, LLCA-2012-199 Cell Site NoJName: FA 10127664 / 00O240-02 Market: Los Angeles a h 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 2115 West Mcfadden, 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 have 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. ATTEST: _ 9%��iz MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney r 11 LAURA SHEEDY � Assistant City Attorney LESSOR: City of Santa Ana 7 I By: JCr_� ll- 1S"J Name: Paul M. Walters Title: Interim City Manager Date: 1 u � Lv ,, ?-- LESSEE: LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager Witness:(E a'w'C C 1 P By: Name: Name: Neil C. Boyer Title: Director — Network Witness: Date: Name: LESSOR ACKNOWLEDGEMENT STATE OF ) ss: COUNTY OF BE IT 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 &WINNM )ss: On the U day of 14KUA(( , 20e 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 attached instrument, and as such was authorized to execute this instrument on behalf of the company. P No ry u ic: �� FS�ssiop,F'L MyCommissi n spires: A•. [NOTARIAL SEAL] e¢. NU6UG he 02 Olt, tutH�x� A� �® CERTIFICATE OF LIABILITY INSURANCE DATE /2012 VYYY) 0813112012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh IDSA, Inc. 4400 Comedca Bank Tower 1717 Main Street Dallas, TX 75201-7357 CONTACT NAME: PHONNo Exit' E-MAIL ADDRESS: _ INSURERIS) AFFORDING COVERAGE NAIC N Atm: dallas.certs@marsh corn Fax: 212-9480519 INSURER A: Insurance Company Of The State Of PA 19429 1163165-CAS-GAWU-12-13 LA 0620A 5M Y No INSURED McIroPCS Communications, Inc. National Union Fire Insurance Co. of PA 19445 INSURER B i - INSURER C. New Hampshire Insurance Company 23841 2250 Lakeside Boulevard Richardson, TX 75082 INSURER D : Illinois National Insurance Company 23817 INSURER E : Commerce And Industry Ins Co 19410 INsuRER F : National Union Fire Insurance Co 19445 COVERAGES CERTIFICATE NUMBER: HOU-00206646945 REVISION NtIMRFR-5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDONYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY GL7146386 09/01/2012 09101/2013 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LJIABILITY X�I nlI CLAIMS -MADE L OCCUR DAMAGE 1,006000 PREM SES (Ea ocur ante $ c MED EXP (Any one person) $ 10,000 X Limited Pollution Liab/General -Policy PERSONAL 8 ADV INJURY $ 1,000,000 x Agy. Limit Per $1BMM _ GENERAL AGGREGATE $ 2,006000 GE NT AGGREGATE LIM IT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2,000,000 X POLICY r X PRO- X LOC IFCT $ A F AUTOMOBILE X LIABILITY ANY AUTO CA3447212 (AOS) CA3447213 (MA) 09/01/2012 09/01/2012 09/01/2013 09/01/2013 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY (Pei person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Peramitlent $ ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident Comp/Coll Deductible $ 1,000 B X UMBRELLA UAB X OCCUR 13273331 09/01/2012 09/01/2013 EACH OCCURRENCE $ 5,000,000 _. AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ 1 D WORKERS COMPENSATION WC043464600(FL) 0910112012 09/01/2013 X WC STATu- OTH- F F G AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/E%ECUTIVE YIN OFFICER/MEMBEREXCLNERE (Mandatory in NH) If ye,i, desmie under DESCRIPTION OF OPERATIONS below NIA WC043464598(CA) WC043464599 (MA,ND,OH,WA,WY) WC043464601 (AOS) 09101/2012 0910112012 09/01/2012 09101/2013 09/0112013 09/01120131,006000 _ E.L EACH ACCIDENT $ 1,000,000 _ E. L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Romania Schedule, If more space is requlradl Re: Site IL LA0620A - 2115 W Mcfadden Ave., Santa Ana, CA 92704. Where required by written contract Certificate Holder is an Additional Insured (except on WorkersComp) as respects operations of the Named Insured. - City of Santa Ana -City Attorneys Office 20 Civic Center Plaza (kh23) PO Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. William Hines ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD A , 1AI**91 0 1 October 12, 2016 City of Santa Ana Attn: City Manager 20 Civic Center Plaza Santa Ana, CA 92702 RE: New Cingular Wireless Site Cell Site # 00O240 (10127664) 21.15 314 W. McFadden, Santa Ana, CA 92703 Dear Landlord: On April 19, 2011 New Cingular Wireless PCS, LLC, ("Tenant") and City of Santa Ana, as ("Landlord"), entered into a Land Lease Agreement ("Agreement"). Under section 10 of the Lease, ("Use/Maintenance") "Lessee may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise of facilities for the purpose of repairing or upgrading the communications capabilities. With notice to Lessor for "written consent" The consent form is attached for the Landlord signature, Within the next 6 months (approximately), Tenant intends to access the Premises with its employees, agents, contractors and subcontractors for the purpose of upgrading and conducting maintenance work necessary to enhance the performance of its LTE network at this facility. All modifications to be within existing lease Premises thus no expansion of current lease space is required. Kindly sign and complete this letter below on Page 2. You can return by email (c.carlisle*sure-site.com), mail (3659 Green Rd., Suite 214, Cleveland, OH) or fax (216-593- 0401). Should you have any questions regarding the Tenant's intentions, please contact me at 760-477- 3132. Respectfully yours, New Cingular Wireless, PCS, LLC BY. Ericsson, its Project Manager BY: SureSite, its Agent By: Cassie Carlisle Site Development Specialist 760-477-31,32 c.carlisle@sure-site.com Ericsson 330 Commerce, Suite 200, Irvine, ca 92602 Page 2 Landlord Confirmation of Consent for site modifications and maintenance 00O240 - Authorized Signature: Date: Name: ra K A 1,�p 451,0d Title: r 3 a, Contact Number:(A(-LA3S---, tw(j Special Access or Construction Instructions: "US5-jq P"I "'6 Wuv-s OT HIS �41514/- 5a,=V �ap V)tTW AjLr1f1C*L retIAC�C- r 0 RS 0 0 I'll cr) fif, �4 9 cn go 04, r 0 RS 0 0 I'll cr) fif, cn go 04, ill O 0 0 I'll cr) fif, cn go 04, Dr, g 7A t;�vp, ng T, cn '92 cn A A 44'p,42t �L N N, E2 R �rx 41 lK HN Rp P p 'W A -�2! 7q LW, W, FW -5r 2 -T Z3A 7. S 46 H R 435 4� PR 2 2 NN, Hffll� P )OP 55 16 HA'J'I F, q 2 1p vy "h H,,- lop vl m E A g f bg qO t Ng zX -,t T g EU, 2 rz --- -�4, U 27 ; - ; i, I A - ps H F4 it 23. �4 F, p gg iq t2 00 CO 0 do . . . . ...... T Z F2 I I- U ;X;o - mn 0. 0 }&«., m. ip @ . w C5 M �, 2; . . \ 47, 00 lb 0 Q0 t 08 owgxa%Q 4 14G �� g Fgoo m a lot �` � t d"I1 cic� n tttEcw w�«r uttxe ✓ n „t n n Y tr a H e , r w rn r { r K e i Ji ZA • �I � v p / =4 V V .R Sr N, m q - pad, s c f ) (00, loo W^ R�J �f o. r' L I f"'+ 0IRT n 00 QD_ a a ti �mp zA� ,r� 4•'�rt � ,y 5• ��1 � G4 v � �` R90 cn m m r C A � g d r P ar A^ t u i r+ a Yi A� W R m R m m C .- A I �g e ..a pm r u 1 µ , A INAN a 00 �'� ON, m � _ sem. rxg0/�0^ 100 _ � T. fAIL n, a Y Z' O C) N m � m Q Z p Z 0 C9 � m m ic m z cp m v m m x ; !y M "Mr, � �ypplrrrf��llI1l�p„ IUNU �����y^pELIg k y� Ai ��U'U'� 13..E .7 ����QHE is........� c, g m of 4� t" nw M1 W m m t w PJ a 0,0 a £ ; a1► a go E � 2 00 Ofcz x D14_ r 7k k Y m vaN n z x � YYIp 00 Ofcz 61, r 7k vaN n z x � 00 Ofcz 61, y f Pj� Ld 1 September 21, 2017 City of Santa Ana Attn: City Manager 20 Civic Center Plaza Santa Ana, CA 92702 A -z®la- 199 Aid IL, SURESITE IPr Infrastructure experts. Small cell leaders. RE: New Cingular Wireless Site Cell Site # 00O240 (10127664) 2115 West McFadden, Santa Ana, CA 92703 Dear Landlord: On April 19, 2011, New Cingular Wireless PCS, LLC ("Tenant") and The City of Santa Ana ("Landlord"), entered into a Land Lease Agreement (`Agreement"). Under section 10 of the Agreement, ("Use/Maintenance") "...Lessee shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("Lessee Facilities"). All improvements shall be at Lessee's sole expense and the installation of all improvements shall be at the discretion and option of the Lessee, with Lessor approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained by Lessor prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9...". The consent form and plans dated 09/09/17 are attached hereto for the Landlord's signature. Within the next 6 months (approximately), Tenant intends to access the Premises with its employees, agents, contractors and subcontractors for the purpose of upgrading and conducting maintenance work necessary to enhance the performance of its LTE network at this facility. All modifications to be within existing lease Premises thus no expansion of current lease space is required. Kindly sign and complete this letter below on Page 2. Please return soft copy by email to e.paeheco@sure-site.com, mail hard copy to 36 Executive Park #210, Irvine CA, 92614. Should you have any questions regarding the Tenant's intentions, please contact me at 323-847-6994 Respectfully yours, New Cingular Wireless. PCS, LLC BY: Ericsson, its Project Manager BY: SttreSite, its Agent By: Christine Pacheco Site Development Specialist 323-847-6994 C.. acheco sure-site.com Ericsson 330 Commerce, Suite 200, Irvine, ca 92602 t9 z 0 z LU 00 4-0 0 < CL 0 00 z 06 LU LO 7,2 ci I�r UJ in M 00Lf) z 0) C 00) (D 't 0 -e 0 U) w XE 0 m 0 li 0 Ir c —1 z LU Er Lu cc cc a I-- w Lu Z uj uj — U CL (n (n LU CD 0 km m Cf) LU >- N M * ui M Z n 2 0 uj z z Z cc �- Z\\)§}}� / z LU z LU 00 0 < CL 0 00 z LL L) LU LO 7,2 ci I�r UJ in M 00Lf) z 0) C 00) (D 't 0 -e 0 U) w XE 0 m 0 li 0 Ir c —1 z LU Er Lu cc cc a I-- w Lu Z uj uj — U CL (n (n LU CD 0 km m Cf) LU >- N M * ui M Z n 2 0 uj z z Z cc �- w CL U5 cl: < Lu LLI Z jL LL C.) w Wd < CL 06 J ' a s Q 'z p g W R =3 �n Y 5 3 aAHIS N31N3O Hinos D 4-0 / 111N ■« a:.. o % MN .�: ■<: � v G � \}� / 9 4-0§.: \« �: �� 2 §4A�/ ® a � & /�[ � \\ e{ 5 WO � o hit WW 3 � M S v a�4x �i O N D "11111" All1 e z d a �6 eQ z a 3 C ib 3 Y Y$ b a¢ by da d ER March 5, 2018 City of Santa Ana Attn: Ronald Ono 20 Civic Center Plaza Santa Ana, CA 92 702 A--�2Gt0-435' 14► SURESITE \/ 1,frbs'truct-re �u,t, S:n�:r; �t?l e=,Oars RE: New Cingular Wireless Site Cell Site # 00O240 (10127664) 2115 West McFadden, Santa Ana, CA 92703 Dear Landlord: On April 19, 2011. New Cingular Wireless PCS, LLC ("Tenant") and The City of Santa Ana ("Landlord"), entered into a Land Lease Agreement ("Agreement"). Under section 10 of the Agreement, "("Use/Maintenance ")...Lessee shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("Lessee Facilities"). All improvements shall be at Lessee's sole expense and the installation of all improvements shall be at the discretion and option of the Lessee, with Lessor approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained by Lessor prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9..." The approval consent form is attached for the Landlord's signature. Also included are the proposed Construction Drawings (CDs) dated 02/21/2018. The work involves upgrading (6) antennas and related supporting equipment. This is in addition to the upgrades previously consented to by the Landlord on 11/06/17 (copy attached). Within the next 6 months (approximately), Tenant intends to access the Premises with its employees, agents, contractors and subcontractors for the purpose of upgrading and conducting maintenance work necessary to enhance the performance of its LTE network at this facility. All modifications to be within existing lease Premises thus no expansion of current lease space is required. Kindly sign and complete this letter below on Page 2. Please return soft copy by email to m.ninneman@sure- site.com, mail hard copy to 36 Executive Park #210, Irvin a CA, 92614. Should you have any questions regarding the Tenant's intentions, please contact me at 414-371-9615 Respectfully yours, New Cingular Wireless, PCS, LLC BY: Ericsson, its Project Manager BY: SureSite, its Agent By: Mark Ninneman Site Development Specialist 414-371-9615 m.n innemanasure-site.com Ericsson 330 Commerce, Suite 200, Irvine, ca 92602 Page 2 Landlord Confirmation of Consent for site modifications and maintenance: RE: 00O240, 10127664, Site Name: �Jerome Park Authorized Signature: ;io 'tea Date: 3/20/18 Name: Gerardo Mouet Title: Exevutive Director Contact Number: (714) 571-4204 Special Access or Construction Instructions: