IV.8. Approve Third Amendment to Site Lease Agreement between the City of Hopkins and New Cingular Wireless PCS for modifications to their communications facilities at the Blake Water Tower; Stadler (CR2015-143)G�TY OF
yOPFCiNS
November 12, 2015
Council Report 2015-143
Approve Third Amendment to Site Lease Agreement between City of Hopkins and fVew Cingular
Wireless PCS for modifications to their communications facilities at the Blake Water Tower
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the City
Manager to siqn the third amendment to the site lease aqreement between the City of Hopkins
and New Cinqular Wireless PCS to allow modifications to their equipment at Blake Water Tower
site.
Overview.
In 2014, the City approved a second amendment to the 2006 site lease agreement for the Blake
Water tower site with Cingular/AT&T. The second amendment was for the installation of
additional panel antennas and extended the lease term, via 2 additional 5-year extension terms,
to 2031. The additional equipment mentioned in the second amendment has not been added to
the site. New Cingular Wireless has changed the modifications slightly and reduced the amount
of additional equipment — these changes are detailed in the proposed third amendment. As a
result of the reduced equipment the rent increase has been slightly reduced, as well. The
current rent paid by New Cingular at this site is $3,180.35 per month. Under the terms of the
third amendment, their monthly rent would increase by $897.42; their new monthly rent would
be $4,077.77. This is about a$100/month reduction from what was originally called for in the
second amendment. New Cingular is currently seeking a building permit to begin site
modifications within the next couple months. There would be no changes to their ground
equipment or ground lease area. They will be adding antennas, remote radio head units and
some additional cabling. The engineering firm of SEH will oversee the new installation to
ensure it complies with the plans and specifications. New Cingular pays the fees for SEH's
design review and inspection services.
Supporting Information
• Proposed Lease Amendment
s"
�
Steven J. Stadler
Public Works Director
Financial Impact: $10,769.04 per year additional revenue Budgeted: no
Related documents (CIP, ERP, etc.):
Notes:
IYlarket: Minnesota/Northern Plains (MNI')
Cell Site Number: IVdPLSPrfN3454
Cell Site 1Vame: IRiTERLt�CH�NN
Fixed Asset Number: 10111979
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THIS THII�D AMENDMENT TO LEASE AGREEMENT ("Third Amendment"), dated
as of the latter of the signature dates below (the "Effective Date"), is by and between the City of
Hopkins, a Minnesota municipal corporation, having a mailing address of 1010 lst Street S.,
Hopkins, MN 55343 (hereinafter referred to as "Landlord99) and New Cingular Wireless PCS,
LLC, a Delaware limited liability company, having a mailing address of 575 1Vlorosgo Drive,
Atlanta, GA 30324 (hereinafter referred to as "Tenant").
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated November 7,
2006, whereby Landlord leases to Tenant a certain site, therein described, that is a portion of the
Landlord's Property located at 145 Harrison Ave. South, Hopkins, MN ("Agreement");
WHEREAS, Landlord and Tenant entered into a First Amendment to Lease Agreement
dated July 13, 201 l, by which the parties replaced Exhibit 1 of the Agreement with Exhibit 1-A,
representing modifications to the equipment upon the Site, and by which the parties increased the
annual rent and amended the Notice provision, Section 17, of the Agreement ("First
Amendment");
WHEREAS, Landlord and Tenant entered into a Second Amendment to Lease Agreement
dated December 3, 2014, by which Landlord and Tenant replaced Exhibit 1-A of the First
Amendment with E�iibit 2-A, representing proposed modifications to the equipment upon the
Site, and by which the parties increased annual rent and amended the Notice provision ("Second
Amendment");
WHEREAS, Landlord and Tenant desire to amend the Second Amendment to reflect a
change in Tenant's proposed equipment modifications and, in consideration thereof, a change in
the annual rent increase;
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Second
Amendment as set forth below.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
agree as follows:
1. Lease of Premises. Exhibit 2-A to the Second Amendment is hereby deleted in its entirety
and replaced with Exhibit 3-A attached hereto and incorporated herein by reference. Tenant's
equipment modifications contained in Section 1 of the Second Amendment are hereby deleted in
their entirety and replaced with the following: Pursuant to Exhibit 3-A and as reflected therein,
Tenant is swapping three (3) new LTE antennas (one per sector), and adding three (3) new LTE
antennas (one per sector), three (3) AWS RRH (one per sector), three (3) WCS RRH (one per
sector), one (1) 8AWG 6 Conductor DC Trunk Line, and one (1) RAYCAP FC12-PC6-lOE.
Market Minnesota/Northern Plains (MNP)
Celfl Site Number: N%I'LSMN3454
CelY Site Nanae: INTERLACI-IEN
Fixed Asset Nwnber: 10111979
2. Section 2 of ihe Second �rne�dment is hereby dele�ed in its entirety and xeplaced with the
following:
lZenta Once the additional equipment and antennas are installed by Tenant as reflected in Section
1 of this Third Amendment, the existing annual rent shall be increased by Eight Hundred Ninety-
Seven and 42/100 Dollars ($897.42) per month for a total of Four Thousand Seventy-Seven and
77/100 Dollars ($4,077.77) per anonth and will be subject to the same existing five percent (5%)
annual rent escalation
3. loTotices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with
the following:
IVOTICES. All notices, requests, and demands hereunder will be given by first class certified or
registered mail, return receipt requested, or by a nationally recognized overnight courier, postage
prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices
will be addressed to the parties as follows.
If to Tenant: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: MPLSMN3454; Cell Site Name: Interlachen (MN)
FA No: 10111979
575 Marosgo Drive
Atlanta, GA 30324
With copy to: New Cingular Wireless PCS, LLC
Attn: AT&T Legal Deparirnent
Re: Cell Site #: MPLSMN3454; Cell Site Name: Interlachen (MN)
FA No: 10111979
208 S. Akard Street
Dallas, TX 75202-4206
The copy sent to the Legal Department is an administrative step which alone does not constitute
legal notice.
If to Landlord: City of Hopkins
1010 1 st Street S.
Hopkins, MN 55343
Either party hereto may change the place for the giving of notice to it by thirty (30) days prior
written notice to the other as provided herein.
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement, First Amendment, Second Amendment, and this Third Amendment the terms of this
Third Amendment shall control. Except as expressly set forth in this Third 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 Third Amendment.
2
Market: Nlinnesota/Northern Plains (MNP)
Cell Site Number: NiPLSM1V3454
Cell Site Name: IN'B'ERI,ACHEIV
Fixed Asset Number: 10111979
5. Capitalized Terms. All capitalized terms used but not defined herein shall have the
meanings as defined in the Agreement.
IlvT WITNESS WHE1tEOF, the parties have caused their properly authorized
representatives to execute and seal this Third Amendment on the dates set forth below:
17I�►i�:IC�7 :7 ��
City of Hopkins,
a Minnesota municipal corporation
,:
�
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: .
Name: Name: ����'��: ���`3a �urmeister
p i Estage � Const�cact'son
D�t�:
Title: Title:
Date:
Date: � � 'F � � � -
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
3
Market: Minnesota/Northem Plains (MNP)
Cell Site Number: M�LSI�N3454
Cell Site Name: INTERLACHEN
Fixed Asset Number: 10111979
�,. , 1, ' x� 3' :la � • `�� ,1; ..
S'TATE OF MINNESOTA
COUNTY OF HENNEPIN
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) ss:
)
I CEIZTIFY that on , 2015, personally came before
me and acknowledged under oath that he or she:
(a) is the of the City of Hopkins, the Landlord named in the
attached instruments;
(b) was authorized to execute this instrument on behalf of the Landlord; and
(c) executed the instrument as an act of the Landlord.
Notary Public:
My Commission expires:
TENANT ACKNOWLEDGMENT
STATE OF ���.��-'c� )
) ss:
COUNTY OF �� )
I CERTIFY that on �`�� � , 2015, -� � ��personally came before me and
acknowledged under oath that he or she:
(a) is the ��. � �� of AT&T Mobility Corporation, the Manager of New
Cingular Wireless PCS, LLC, a Delaware limited liability company, the Tenant
named in the attached instruments;
(b) was authorized to execute this instrument on behalf of the Tenant; and
(c) executed the instrument as an act of the Tenant.
� ����
Notary Public:
My Commission expires:
k�,� 1 �'�`�O �F9�� T �I I41V �����v
r ?�� #�1:� Idf�TARY PUpLIC
��`�:��.�-.�
�1� �/= MINN�SO°f,4
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�.' rn,�� My Commission Expires danuary 31, 2016
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4
Market: Minnesota/Northern Plains (MNP)
Cell Site Number: MPLSMIV3454
Cell Site Name: INTEIZLAC�IEN
F'ixed Asset Number: 10111979
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i. This Exhibit may be replaced by a land survey and/or conshuction drewings of the Premises once received by Tenant
�. Any setback of the Premises from the Propert�✓s boundaries shall be the distance required try the appiicable govemmental authorities.
3. Widtlo of access road shall be wtth the width required by the applicable govemmental authorities, including police and fire departments.
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