CR 2013-131 Approve Amendment No 2 to Site Lease Agreement between City of Hopkins and Sprint Spectrum Realty Company L.P. for the modification of communications facilities at the Blake Water TankG, Ty OF
C211.
NOPKINS
December 12, 2013
Council Report 2013-131
Approve Amendment No 2 to Site Lease Agreement between City of Hopkins and Sprint
Spectrum Realty Company L.P. for the modification of communications facilities at the Blake
Water Tank
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the City
Manager to sign the amendment to the site lease agreement between the City of Hopkins and
Sprint Spectrum Realty Company L.P. to allow for the modification of their communication
facilities at the Blake Water Tower site.
Overview.
In 2009, the City approved a site lease agreement with Sprint Spectrum L.P. The rental for this
lease is currently $16,044/year. In April, 2013 City Council approved amendment No. 1 for an
antenna & ground equipment upgrade. The Sprint antenna facilities include two antennas and
equipment cabinets within a fenced 10'x15' ground enclosure. This amendment covers
installation of one 12" diameter microwave antenna and a provision that allows Sprint to
temporarily install black hybrid fiber communication cable until white cabling is available. The
amendment also includes a $200/month rent increase. The City Attorney has reviewed and
concurred with the lease amendment language.
Sprint intends to begin work immediately.
Supporting Information
• Proposed Lease Amendment No. 2
• Construction plan sheet excerpts
Steven J. Stadler
Public Works Director
Financial Impact: $2,400 additional annual revenue with 5% annual increases _Budgeted: no
Related documents (CIP, ERP, etc.):
Notes:
Tenant Site Name: F2/City of Hopkins WT (Blake School)
Tenant Site ID #: MS80XC617
AMENDMENT NO.2 TO COMMUNICATIONS SITE LEASE AGREEMENT (BUILDING)
This Amendment No. 2 to Communications Site Lease Agreement (this "Amendment"), effective as of the date last signed
below ("Effective Date"), amends a certain Communications Site Lease Agreement between Sprint Spectrum Realty Company, L P, a
Delaware limited partnership, as successor in interest to Sprint Spectrum L. P. ("Tenant"), and The City of Hopkins, a Minnesota
municipal corporation, ("Landlord") dated March 26, 2001, as amended by Amendment No. 1 To Communications Site Lease
Agreement (Building), dated May 1, 2013 (collectively, the "Agreement").
BACKGROUND
WHEREAS, Landlord and Tenant desire to amend certain terms in the Agreement
and to allow for a delay in the required installation of white hybrid fiber cables; and
WHEREAS, Tenant desires to modify its installation on the Property by adding a microwave antenna and cable to
the Property, as more particularly described in Exhibit 1-2 annexed hereto, and Landlord and Tenant desire to modify the provisions of
the Agreement as provided below.
Landlord and Tenant therefore desire to modify the provisions of the Agreement as provided below.
AGREEMENT
For good and valuable consideration the receipt and sufficiency of which is acknowledged, Landlord and Tenant agree as
follows
1. Modification to Tenant's Communications Facilitv. Exhibit 1 and Exhibit 1-1 to the Agreement are hereby amended to
include the modifications identified on Exhibit 1-2, a copy of which is attached and made a part hereof. Exhibit 1-2 supplements
Exhibit 1 and Exhibit 1-1 to the Agreement, and shall not be deemed to supersede or otherwise modify Exhibit 1 or Exhibit 1-1, or any
part thereof except to the extent specifically set forth in Exhibit 1-2. Upon full execution of this Amendment, Tenant is permitted to do
all work necessary to prepare, maintain and alter the Property to install or otherwise modify Tenant's Communications Facility, all as
more fully described and contemplated in Exhibit 1-2.
2. Modification to Rent. As additional consideration for the modification and other rights set forth in this Amendment, starting
on the date that is 30 days after the start of construction of the above proposed modifications to the Property as shown on Exhibit 1-2,
the monthly rent will be increased by $200.00.
3. Modification to Tenant's Communications Facility. Tenant is required to use white hybrid fiber cables to
match the water tower upon which Tenant's antenna equipment is attached. Tenant is not able to obtain such white hybrid
fiber cable for approximately eighteen (18) to twenty-four (24) months from the Effective Date of this Amendment.
Landlord hereby agrees to allow Tenant to use black hybrid fiber cables on the water tower until the earlier of: a) such time
as Tenant is able to obtain and install white hybrid fiber cables or b) twenty-four (24) months from the Effective Date of
this Amendment. Following completion of the installation of such white hybrid cables, Tenant agrees to provide written
notice to Landlord of such installation. If the white hybrid fiber cable is not installed (and all black hybrid fiber cable
removed from the tower) within the foregoing twenty-four (24) month period, Lessee shall be in default and Landlord may
terminate the Agreement in accordance with Section 15 thereof.
4. General Terms and Conditions.
(a) All capitalized terms used in this Amendment that are defined in the Agreement, unless otherwise defined herein,
will have the same meaning as the terms contained in the Agreement.
525722.02, SN Template
IC -SLA Amendment, revised 12.5.11
(b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and
conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth herein, all provisions of the
Agreement are ratified and remain unchanged and in full force and effect.
(c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original.
(d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and
perform their respective obligations under this Amendment.
The parties have executed this Amendment as of the Effective Date.
Landlord: Tenant:
City of Hopkins, a Minnesota municipal Sprint Spectrum Realty Company, L.P., a Delaware limited
corporation partnership
By:
By:
Printed
Printed
Name:
Name:
Title:
Title:
Date:
Date:
(Date must be completed) (Date must be completed)
2
Exhibit 1-2
See attached Construction Drawings, Revision 7 dated 12/11/2013, consisting of 29 pages as prepared by Inte-Grat-Ed Design
Services Group
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