HomeMy WebLinkAbout6.j. T-Mobile Lease Amendment on Connemara Water TowerI:\City Clerk\Agenda Items\Approved Items\6.k. T-Mobile Lease Amendment on Connemara Water Tower.docx
City Council Meeting: May 1, 2018
E X E C U T I V E S U M M A R Y
AGENDA ITEM: T-Mobile Lease Amendment on
Connemara Water Tower
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, PE, Director of Public
Works / City Engineer
AGENDA NO. 6.j.
ATTACHMENTS: Final Draft Third Lease Amendment with
T-Mobile APPROVED BY: LJM
RECOMMENDED ACTION: Recommend the City Council Approve the Third Lease
Amendment with T-Mobile.
ISSUE
Staff is requesting City Council review and approve the final draft lease amendment with T-Mobile
for space on the Connemara Water Tower.
BACKGROUND
Staff and T-Mobile have been working on updating the current lease agreement with T-Mobile
which would allow for updating the currently installed antennas on the Connemara Water Tower.
The city attorney has reviewed this agreement.
As part of the approval process, T-Mobile paid an escrow to cover review expenses incurred by the
city. T-Mobile has also provided a plan set which shows antenna and equipment locations on the
tower. Should this agreement be approved, staff will coordinate with T-Mobile and the inspector for
construction and installation of their equipment.
SUMMARY
Staff is requesting that the City Council approve the T-Mobile Lease Amendment for the
Connemara Water Tower.
Site: A1Q0021A
Site Name: Rosemount WT
Market MN
FIRST THIRD AMENDMENT TO TOWER LEASE AGREEMENT
THIS AMENDMENT TO TOWER LEASE AGREEMENT (“Amendment”) is made and entered
into by and between by and between the City of Rosemount with a mailing address of 2875 145th Street
West, Rosemount, Minnesota, 55068-05104997 (“Lessor”), and T-Mobile Central LLC, a Delaware
limited liability company, successor in interest to APT MINNEAPOLIS, INC. (“T-MobileLessee”), with
its principal offices located at 12920 S.E. 38th Street, Bellevue, WA 98006.
Recitals
The parties hereto recite, declare and agree as follows:
A. Lessor and T-MobileLessee (or as applicable, their respective predecessors in interest) entered
into a Tower Lease Agreement dated March 1, 1997 (including any prior amendments, the “Lease”), with
respect to Premises located at 13831 Connemara Trail, Rosemount, Minnesota 55068 (Tower No. 2).
B. Lessor and Lessee entered into the First Amendment with an effective date of December 29,
2011.
C. Lessor and Lessee entered into the Second Amendment with an effective date of October 22,
2014.
BD. Lessor and LesseeT-Mobile desire to enter into this Third Amendment in order to modify
and amend certain provisions of the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessor and T-Mobile covenant and agree as follows:
1. T-Mobile willLessee will have the right to modify its Antenna Facilities as described and
depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Lessor
hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects.
2. As depicted on Exhibit A, Lessee is upgrading three (3) Remote Radio Unitsantennas
23. The terms and conditions of the Lease are incorporated herein by this reference, and
capitalized terms used in this Amendment shall have the same meanings such terms are given in the
Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the
remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and
effect. To the extent there is any conflict between the terms and conditions of the Lease and this
Amendment, the terms and conditions of this Amendment will govern and control.
34. Lessor represents and warrants to LesseeT-Mobile that the consent or approval of no third
party, including, without limitation, a lender, is required with respect to the execution of this Amendment,
or if any such third party consent or approval is required, Lessor has obtained any and all such consents or
approvals.
IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date of
execution by the last party to sign.
2
City of Rosemount T-Mobile Central LLC, a Delaware limited
liability company
By:_______________________________ By:__________________________________
Name: William H. Droste Name: Hossein Sepehr
Title: Mayor Title: Area Director, Network Engineering and
Operations
Date:_____________________________ Date:_________________________________
3
EXHIBIT A
Antenna Facilities
[See Attached]