HomeMy WebLinkAbout6.m. Fourth Amendment to Tower Lease Agreement
City Council Meeting: December 21, 2021
EXEC U T I V E S U M M A R Y
AGENDA ITEM: Fourth Amendment to Tower Lease
Agreement
AGENDA SECTION:
Consent
PREPARED BY: Nick Egger, PE – Public Works Director AGENDA NO. 6.m.
ATTACHMENTS: Fourth Amendment to Tower Lease
Agreement APPROVED BY: LJM
RECOMMENDED ACTION: City Council Approval of Fourth Amendment to Tower Lease
Agreement with T-Mobile for Cellular Equipment - Connemara Water Tower
BACKGROUND
Attached is the Fourth Amendment to Tower Lease Agreement that has been reviewed by T-Mobile, City
staff, and the City attorney. T-Mobile desires to continue their lease on the City’s Connemara Water
Tower site, with minimal modification to the terms of the lease agreement. For 2021, this lease generated
$28,196.33 in revenue for the City, and with every successive year the lease amount escalates by the
Consumer Price Index or 4%, whichever is higher.
The Fourth Amendment includes these notable items:
• Extension of Lease by up to four (4) additional 5-year renewals, for a maximum total of up to 20
years, with the ultimate ending date being as late as December 31, 2041.
• Adding language to provide an advanced notification period by the City for pending planned
maintenance and rehabilitation work on the water tower to give T-Mobile the ability to temporarily
remove equipment and set up temporary cellular equipment on site.
City staff and the City Attorney’s office have reviewed the amendment document and found it to be
acceptable for recommending approval by the City Council.
RECOMMENDATION
Staff is recommending that the City Council approve the Fourth Amendment to Tower Lease Agreement
with T-Mobile, authorizing the Mayor’s signature.
G:\ANTENNAS\T-Mobile\20211221 CC Fourth Amendment - 04TMO2021M.docx
A1Q0021A _NLG-44209_AMD_51481
FOURTH AMENDMENT TO TOWER LEASE AGREEMENT
This Fourth Amendment to Tower Lease Agreement (the "Fourth Amendment") is
effective as of the last signature below (the "Effective Date"), by and between City of Rosemount,a
Minnesota municipal corporation ("Lessor"), and T-Mobile Central LLC, a Delaware limited liability
company ("Lessee"), (each a "Party", or collectively, the "Parties").
Lessor and Lessee (or their predecessors-in-interest) entered into that certain Tower
Lease Agreement dated March 1, 1997, including that certain First Amendment to Tower Lease
Agreement dated December 29, 2011, Second Amendment to Tower Lease Agreement dated
October 22, 2014 and Third Amendment to Tower Lease Agreement dated May 2, 2018 (including
all amendments, collectively, the "Agreement") regarding the leased premises ("Premises")
located at 13831 Connemara Trail, Rosemount, MN 55068 (the "Property").
1. At the expiration of the current term, the term of the Agreement will automatically be
extended for four (4) additional and successive five (5) year Extension Periods, provided that
Lessee may elect not to renew by providing Lessor at least sixty (60) days' notice prior to
the expiration of the current term or the then current Extension Period.
2. All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are effective
only when deposited into the U.S. certified mail, return receipt requested, or when sent via
a nationally recognized courier to the addresses set forth below. Lessor or Lessee may from
time to time designate any other address for this purpose by providing written notice to
the other Party.
If to Lessee: If to Lessor:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue,WA 98006
Attn: Lease Compliance/ A1Q0021A
City of Rosemount
2875 14Sth Street West
Rosemount, MN 55068
3. Lessee and Lessor will reasonably cooperate with each other's requests to approve permit
applications and other documents related to the Property without additional payment or
consideration.
1
TMO ID: A1Q0021A
TMO Lease ID: 51481
5/21/2021
A1Q0021A _NLG-44209_AMD_51481
4. Lessee acknowledges the need for periodic maintenance of the water tower, including
repair of the tower’s coating or repainting. Lessee must remove its antennas, equipment,
and facilities at Lessee’s cost upon reasonable notice from Lessor to allow maintenance,
repair, repainting, restoration or other activity as determined by Lessor. Lessor will not be
responsible for such interruptions in use of the Lessee’s facilities. Except in the case of
an emergency, Lessor will provide at least one-hundred eighty (180) days’ notice of
commencement of maintenance activities. In case of an emergency, Lessor may remove
the facilities at Lessee’s expense, and shall notify Lessee within a reasonable time. An
“emergency” shall be deemed to exist in those situations which constitute an immediate
threat to the health or safety of the public or immediate danger to the Lessor’s facilities or
property. In the event the use is interrupted, Lessee may provide and maintain a mobile
cellular site on wheels on the Property after such temporary facilities have been approved
by Lessor, with such approval not to be unreasonably withheld.
5. Except as expressly set forth in this Fourth Amendment, the Agreement otherwise is
unmodified. To the extent any provision contained in this Fourth Amendment conflicts with
the terms of the Agreement, the terms and provisions of this Fourth Amendment shall
control. Each reference in the Agreement to itself shall be deemed also to refer to this
Fourth Amendment.
6. This this Fourth Amendment may be executed in duplicate counterparts, each of which will
be deemed an original. Signed electronic, scanned, or facsimile copies of this this Fourth
Amendment will legally bind the Parties to the same extent as originals.
7. Each of the Parties represents and warrants that it has the right, power, legal capacity and
authority to enter into and perform its respective obligations under this Fourth Amendment.
Lessor represents and warrants to Lessee that the consent or approval of athird party has
either been obtained or is not required with respect to the execution of Fourth Amendment.
If Lessor is represented by any property manager, broker or any other leasing agent
("Agent"), then (a) Lessor is solely is responsible for all commission, fees or other payment
to Agent and (b) Lessor shall not impose any fees on Lessee to compensate or reimburse
Lessor for the use of Agent, including any such commissions, fees or other payments arising
from negotiating or entering into this Fourth Amendment or any future amendment.
A1Q0021A _NLG-44209_AMD_51481
8. This Fourth Amendment will be binding on and inure to the benefit of the Parties herein,
their heirs, executors, administrators, successors-in-interest and assigns.
IN WITNESS, the Parties execute this Fourth Amendment as of the Effective Date.
Lessor: Lessee:
City of Rosemount, a Minnesota municipal
corporation
T-Mobile Central LLC, a Delaware limited
liability company
By:
By:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
2
TMO ID: A1Q0021A
TMO Lease ID: 51481
12/17/2021