CR 11-074 Approve First Amendment to Site Lease Agreement Between City of Hopkins and New Cingular Wireless PCS for the installation of additional antennas at teh Blake Water Tower0
G\TY OF
im
NOPKINS
August 10, 2011
Council Report 2011-074
Approve First Amendment to Site Lease Agreement between City of Hopkins and New Cingular
Wireless PCS for the installation of additional antennas at the Blake Water Tower
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the City
Manager to sign the first amendment to the site lease agreement between the City of Hopkins
and New Cingular Wireless PCS to allow the installation of additional antennas at the Blake
Water Tower site.
Overview.
In 2006, the City approved a site lease agreement for the Blake Water tower site with
Cingular/AT&T for the installation of panel antennas and a ground support building. The rental
for this lease is currently $26,250/year. The amendment allows New Cingular Wireless to
increase the number of antennas from six to nine and increases the monthly lease rate by
$450/month with annual 5% increases. There are no other changes to the original lease
agreement. New Cingular has an existing communications facility and ground lease at the site
• which is not altered. The lease term remains at the original 15 years. If approved, work will
begin within one month. 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. Staff will send a letter to the residents along Harrison Ave S
informing them of the upcoming work.
Supporting Information
• Proposed Lease Agreement
• Construction plans
Steven T Stadler
Public Works Director
Financial Impact: $5,400 per year additional revenue Budgeted: no
Related documents (CIP, ERP, etc.):
Notes:
•
• Market: Minnesota/Northern Plains (MNP)
Cell Site Number: MNL03454
Cell Site Name: INTERLACHEN
Fixed Asset Number: 10111979
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "Amendment"), dated as
of the latter of the signature dates below, is by and between the City of Hopkins, a Minnesota
municipal corporation, having a mailing address of 1010 1st Street S., Hopkins, MN 55343
(hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware
limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300,
Alpharetta, GA 30004 (hereinafter referred to as "Tenant").
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated November 7,
2006; whereby Landlord leased to Tenant a certain Site, therein described, that are a portion of
the Landlord's Property located at 145 Harrison Ave. South, Hopkins, MN (collectively the
"Agreement");
WHEREAS, Landlord and Tenant desire to amend the Agreement to modify Tenant's
equipment and the notice section thereof,
• WHEREAS, Landlord and Tenant, 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, Landlord and
Tenant agree as follows:
1. Lease of Premise. Per Section 1 of the Agreement Tenants equipment upon the Site is
hereby amended by deleting Exhibit 1 of the Agreement in its entirety and replacing it with
Exhibit 1-A attached hereto and incorporated herein by this reference. Pursuant to such Exhibit
1-A, Tenant hereby replaces all existing Tenant antennas with 9 new Katherine panel antennas,
all with amplifiers attached at the back of the antennas. These will be placed at the same height
as the existing antennas. Tenant will also be adding one %2" RET cable, one '/2" fiber cable and
two 3/4" DC Power cables, all at 80' on the Tower
2. Rent. Once the additional equipment and antennas are installed by Tenant as
contemplated by Exhibit 1-A, the existing annual rent shall be increased by Four Hundred Fifty
and 00/100 Dollars ($450.00) per month. and will be subject to the same existing 5% annual rent
escalation.
3. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replace with
the following: NOTICES. All notices, requests, demands and communications hereunder will
• be given by first class certified or registered mail, return receipt requested, or by a nationally
2005 Form Amendment
. 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:
As to Tenant:
New Cingular Wireless PCS, LLC,
Attn: Network Real Estate Administration
Re: Cell Site #MNL03454, Cell Site Name: INTERLACHEN (MN)
FA # 10111979
12555 Cingular Way, Suite 1300
Alpharetta, GA 30004
With a mandatory copy to:
New Cingular Wireless LLC,
Attn: AT&T Legal Department
Re: Cell Site #MNL03454, Cell Site Name: INTERLACHEN (MN)
FA # 10111979
15 East Midland Ave.
Paramus, NJ 07652
As to Landlord:
City of Hopkins
1010 1st Street S.
• Hopkins, MN 55343
Either parry hereto may change the address for notice by providing thirty (30) days prior written
notice to the other party as provided herein.
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this Amendment, the terms of this Amendment shall control. Except as
expressly set forth in this 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 Amendment.
5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
[Signatures appear on the following page]
0
2005 Form Amendment
•
•
n
IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this Amendment on the dates set forth below.
LANDLORD:
City of Hopkins, a Minnesota
municipal corporation
By:
Title:
Date: 71aliarl
TENANT:
New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation
Its: Manager
Name: ra—
Title:
Date:
Real Estate & Construction Manager
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
2005 Form Amendment
U
•
r�
U
LANDLORD ACKNOWLEDGMENT
STATE OF MINNESOTA)
) ss:
COUNTY OF HENNEPIN)
I CERTIFY that on , 2011, �eAeNi-- personally came
before me and acknowledged u &r oa6 that he or she:
(a) is the jM"fqq1bf the City of Hopkins, the Landlord named in the
attached instrument,
(b) was authorized to execute this instrument on behalf of the Landlord and
(c) executed the instrument as the act of the Landlord.
TENANT ACKNOWLEDGMENT
STATE OF MINNESOTA)
) ss:
COUNTY OF HENNEPIN)
Nolery Pubk
uWasom
On the day of :ju,Iy 2011, before me personally appeared
Ronald l_• 01i {jI1JI , and acknowledged un er oath that they are the of AT&T
Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability
company, the limited liability company named in the attached instrument, and as such was authorized to
execute this instrument on behalf of the corporation as Manager of the limited liability company.
Brooke Danielle Manson
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2015
Notary Public:
My Commission Expires: I ` moi-�t)/S'
2005 Form Amendment
. Exhibit 1 A
Property Address: 145 Harrison Avenue South, Hopkins, MN 55343
PropertyID#: 19-117-21-34-0123,19-117-21-34-0124, 19-117-21-43-0001, 19-117-21-43-0004, 19-117-2134150
The Premises are described andlor depicted as follows:
19-117-21-34-0123 — West Minneapolis Center Addition, Lot 11, Block 37, incl adj vacated street
19-117-21-34-0124 — West Minneapolis Center Addition, Lot 12, Block 37, incl adj vacated streets
19-117-21-43-0001— Auditor's Subd. No. 239, Lot 81, W 38.00 ft of the S 125.00 it
19-117-21-43-0004 — Auditor's Subd. No. 239, Lot 81, The N 40.00 $ of the S 170.60 ii of the W 38.00 ft of Lot
81 And Subd No 239 except that part embraced within the S 125.00 ft of the W ("note* - this is a partial metes and
bounds description — request full from County)
19-117-21-34-0150 — West Minneapolis Center Addition, Lot 10, Block 37, that part of lot 10 lying E of the W
10.00 ft thof incl adj vac Tyler Ave
See attached 3 page drawings
0
11
2005 Form Amendment
..........
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LOC, INTERLACHEN
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