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HomeMy WebLinkAbout6.f. T-Mobile Proposal for Antenna Lease Agreement Renewal } ��. ROSEMOU N 1 EXECUTIVE SUMMARY UTILITY COMMISSION City Council Meeting: January 17, 2012 AGENDA ITEM: T- Mobile Proposal for Antenna Lease AGENDA SECTION: Agreement Renewal Consent PREPARED BY: Andrew J. Brotzler, PE, Director of 'L . is AGENDA NO. U [� Works /City Engineer / U '1' ATTACHMENTS: First Amendment; Memorandum of Fast APPROVED BY: Amendment RECOMMENDED ACTION: Motion to Renew the T- Mobile Antenna Lease and Authorize . the Necessary Signatures BACKGROUND: T- Mobile has hired Black Dot Wireless to correspond and discuss anew lease program at the Connemara Water Tower site. The current lease agreement expired at the end of 2011. This item was brought to the Utility Commission under a different representative on April 11, 2011. At that time, the Utility Commission expressed objections to the terms proposed by T- Mobile, specifically an extension to the length of the agreement and a reduced rental rate. The Utility Commission's' recommendations of terms including 1) 5 lease agreement with`the option of two automatic renewal terms for the 2) $19,810.37 annual rental rate; and 3) annual rate increase of 4% or Construction Price Index, whichever is greater, were provided to Black `Dot Attached'are the First Amendment and Memorandum of FirsfAmendment that the City Attorney drafted and T- mobile has signed and agreea to. This Lease Agreement will continue as in the past with.options'of renewal every five years for two more automatic renewal periods. Annual rent and other' items remain the same, as stipulated within the original lease agreement. SUMMARY: a ° S taff is requesting Council consideration of`this proposal with T- Mobile for the renewal'of the antenna lease agreement. y n y w F � = j k Site ID: A1Q0021A/Site Name: Rosemount Site Address: 13831 Connemara Trail,Rosemount, MN 55068 FIRST AMENDMENT TO TOWER LEASE AGREEMENT THIS FIRST AMENDMENT TO .TOWER LEASE AGREEMENT (this "Amendment") is entered into effective as of t,*p.0 . cam© 1 . (the "Effective Date "), by and between City of Rosemount, a Minnesota municipal corporation (together with its successors and assigns, ( "Lessor "), and. T- Mobile Central LLC, a Delaware limited liability company, successor -in- interest to APT Minneapolis, Inc. (together with its successors and assigns, "Lessee "). ay RECITALS WHEREAS, Lessor and Lessee (or their predecessors in interest) entered into that Tower Lease Agreement dated March 1, 1997, as amended (the "Agreement "), whereby Lessor leased to Lessee certain premises described therein (the "Premises "), together with all other space and , access and utility easements pursuant to the terms of the Agreement, that are a portion of :the property located at 13831 Connemara Trail, Rosemount, MN 55068 (the "Property "); and EAS L essor and Lessee desire to add additional renewal terms to the A" reement; WHER g and , WHEREAS, Lessor and Lessee, in their,mutual interest, wish to amend the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. Article 1, paragraph I) of the Agreement, is amended to read as follows: A I) Extension Periods: Four (4) automatic renewal periods of five (5) years, beginning at 'midnight on the Expiration Date of the initial term. 2. Article 1, paragraph F) is amended to read as follows: Lessee's Address: T- Mobile 12920 SE 38 Street Bellevue; Washington 98006, Attn: PCS Lease Administrator A100021A r 393528v1 CLL RS220 -37 > s 7' i Al 0021A Rosemount First Amendment 12 -15 -11 execution.doc Indi��idual Deal. 84 ). V. \I ROCIZSSING \I PRIVATE 2011\ \ \ Q 1 f � g . With `a copy to: T- Mobile 2001 Butterfield Road, Suite 1900 Downers Grove, IL 60515 Attn: Lease Administration A100021A With a copy to: T- Mobile USA, Inc. 12920 SE 38 "Street Bellevue, Washington 98006 Attn: Legal Department A 1 00021 A } b. 3. All other terms and conditions of the Agreement will remain the same and in full force and effect and are ratified and confirmed by the parties. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and deliver this Amendment effective as the Effective Date. ,: LESSOR: LESSEE: F City of Rosemount T- Mobile Central LC By By 1 l.itatAl I ilia Print Name: Print Name: fil . is k • +d\ Title: Title: � Ac `S��y►{� 01iC;Y • 393528v1 CLL RS220 -37 V:\ PROCESSING \PRIVATE \T - Mobile 2011 \Individual Deals \84793 \A1Q0021A Rosemount First Amendment 12 -15 -11 execution.doc MEMORANDUM OF FIRST- AMENDMENT TO TOWER LEASE AGREEMENT This Memorandum of First Amendment to Lease is entered into on X11 by and between City of Rosemount, a Minnesota municipal corporation ( "Lesson'), whose mailing address for notices is 2875 145th Street W, Rosemount, MN 55068 and T- Mobile Central LLC ( "Lessee "), whose mailing address for notices is 12920 SE 38th Street, Bellevue, WA 98006, Attn: Lease Administrator. WHEREAS, Lessor and Lessee (or their predecessors in interest) entered into that certain Tower Lease Agreement dated March 1, 1997, as amended (the "Agreement "), whereby Lessor leases to Lessee certain premises described therein, together with all other space and access and utility easements pursuant to the terms of the Lease (collectively, the "Premises "), that are a portion of the property located at 13831 Connemara Trail, Rosemount, MN 55068 (the "Property "), with-an APN # of WHEREAS, pursuant to that certain First Amendment to Tower Lease Agreement executed on No , ekl (the "First Amendment "), Lessor and Lessee agreed to amend and modify certain terms of the Agreement, as more particularly set forth in the First Amendment. 1. The First Amendment modifies certain of Lessee's rights' and obligations under the Agreement, as more particularly set forth therein. 2. As set forth in the First Amendment, the last renewal term of the Agreement expires on December 31, 2011 ( "Current Term "), and Lessee has the right to renew the term of the Agreement for up to two (2) additional and successive five (5) year periods (each a "Renewal Term "). Each Renewal Term shall automatically commence, on the same terms and 'conditions of the Agreement (as'amended by the First Amendment), without further action by Lessee, unless (i) the Agreement is sooner terminated in accordance with its terms or (ii) Lessee written notice of its intention not to renew at least sixty 60 days provides Lessor with w y ( ) prior to Y p the expiration of any Renewal Term. { 4 3. Lessor and Lessee desire and hereby enter into this Memorandum of First Amendment to Agreement to provide constructive notice of the existence of the First Amendment and the parties' rights under the First Amendment. 393528v1 CLL RS220 -37 4. The terms and conditions of the Agreement and the First Amendment are hereby incorporated as if set forth herein in full. This Memorandum of First Amendment to Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement or ' the First Amendment, all of which are hereby ratified and affirmed. The Agreement, as amended by the. First Amendment, shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, and shall run with land and bind a11, assignees, transferees or successors of the parties' respective interests. IN WITNESS WHEREOF, the parties have executed this Memorandum ° of First Amendment to Lease on the dayand year first above written.' LESSOR: LESSEE: City of Rosemount, T- Mobile Central LLC a Minnesota municipal corporation �. By: ` . By: C A))1 ' C � � Print Name:. Print Name: 4\;\0\9 \ \ (riskvv1 Title : Title: t \r; 0,, t S a PREPARED BY: Black Dot Wireless 27271. Las Ramblas, Suite 200 Mission Viejo, CA 92691 WHEN RECORDED RETURN TO: Black Dot Wireless 27271 Las Ramblas, Suite 200 Mission Viejo, CA 92691` 4 393528v1 CLL RS220 -37 } . LESSOR ACKNOWLEDGMENT r z STATE OF k ) _ a . . ) ss: 3 ' }, , COUNTY O F ) On „. ' , 20 , before me, .. , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and sr o acknowledged to me that he executed the same in his authorized 'capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I, certify under PENALTY OF PERJURY under the laws of the State of . that the foregoing paragraph is true and correct. . WITNESS my hand and official seal. . I f f Signature: - (Seal) . 2 y LESSEE ACKNOWLEDGMENT • - r E. STAT OF Q �,�Y� r 2:��t1 COUNTY OF ..) v" On ; x ��j2 C r 1� 20 l ,before me �,�; , a Notary Public, personally appeared L i k a . A 0, . i J e personally known to me (or proved to me on the basis of satisfactory - • idenc-) to be the person(s) whose name(s) is /are ' subscribed to the within:instrumenfand acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i , , ��i t ��Q Ot 3W Pl '1 44 4 w Signature: __ Isi.+0.:T.4":1 (Seal - `° 1; Nom'', .0 &$L�— 393528v1 CLL RS220 -37 x "Itt s 0 EXHIBIT A PREMISES DESCRIPTION AND LEGAL DESCRIPTION OF PROPERTY Street Address: 13831 'Connemara Trail, Rosemount, MN 55068 APN: LEGAL DESCRIPTION OF THE PROPERTY: Address: 13831 Connemara Trail ° Rosemount, Minnesota 55068 I Legal: That part of the Southeast 1/4 of Section 19; 1115, .R19, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of Lot 1, Block 3, Country Hills Third Addition; thence N 1 deg. 12'41" W along the east line of said plat 80 feet the point of beginning; thence continuing N 1 deg. 12'41" W a distance of 250 feet; thence N '89 deg. 28'03" E a distance of 300 feet; thence S 1 deg, 12'41" E a distance of 250 feet; thence S 89 deg. 28'03" W a distance of 300 feet, to'the point of beginning. A 393528v1 CLL RS220-37