HomeMy WebLinkAboutItem 06.fMarch 19. 2012 �� Item No.
SECOND AMENDMENT TO SITE LEASE AGREEMENT WITH T- MOBILE
CENTRAL LLC FOR THE FAIRFIELD WATER TOWER
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Second Amendment
to the Site Lease Agreement with T- Mobile Central, LLC for the Fairfield Water Tower.
Approval of the motion will result in a renewal of the Site Lease Agreement with T- Mobile
Central, LLC at the Fairfield Water Tower.
Overview
The City of Lakeville approved a 15 year Antenna Site Lease Agreement with T- Mobile in 1996
for the Fairfield Water Tower. T- Mobile is requesting renewal of the site lease agreement. The
lease will increase from $14,045 in 2012 to $18,500 in 2013 with 3% per year escalators for each
year thereafter. The contract renewal also includes language regarding improvements,
background checks and access to the facility.
Primary Issues to Consider
❖ Lease Amount
o $14,045 and $18,500 per year in 2012 and 2013, respectively. Increases by 3.0%
per year in 2014 and thereafter.
Term
o Initial tern is 5 years with the option to extend the Agreement for two consecutive
5 year terns.
Supporting Information
• Second Amendment to Site Lease Agreement
Dennis e er, F anee Director
Financial Impact: $ 14,045 (2012) Budgeted: N.A. Source: Water Trunk Fund
Related Documents (CIP, ERP, etc.):
Notes:
Site ID: A]00017AI / Site Name: Lakeville (Fairfield)
Site Address: 11075 — 201th Street W., Lakeville, MN 55044
SECOND AMENDMENT TO SITE LEASE AGREEMENT
THIS SECOND AMENDMENT TO SITE LEASE AGREEMENT (this "Second Amendment ") is
entered into effective on the date of the last party to execute this Second Amendment ( "Effective Date"). by and
between the City of Lakeville, a Minnesota municipal corporation (together with its successors and assigns,
"Landlord "), and T- Mobile Central LLC. a Delaware limited liability company, successor to VoiceStream
Minneapolis, Inc. (together with its successors and assigns, "Tenant ").
RECITALS
WHEREAS, Landlord and Tenant (or their predecessors in interest) entered into that certain Site Lease
Agreement dated November 18, 1996, as amended pursuant to the Amendment to Site Lease Agreement dated April
7, 2004 (collectively, the "Agreement'), whereby Landlord leased to Tenant certain premises described therein,
together with all other space and access and utility easements pursuant to the terms of the Agreement (collectively,
the "Premises "). that are a portion of the property located at 11075 — 201th Street, W. Lakeville, VIN 55044 (the
"Property"):
WHEREAS. Landlord and Tenant desire to extend the Agreement term and add additional renewal terms
to the Agreement; and
WHEREAS. Landlord and "tenant, in their mutual interest, wish to amend the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this
reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Landlord and Tenant hereby agree as follows:
1. Addition of Agreement Term A new, five (5) year term shall be added to the Agreement (the
"New Term "). Such New Term shall automatically commence, on the same terns and condition's' of the Agreement
(except as modified herein), upon the expiration of the final term contemplated by the Agreement.
2. Renewal Terms Upon the expiration of the New Term, and notwithstanding anything to the
contrary in the Agreement, Tenant shall have the right to renew the term of the Agreement for up to two (2)
additional and successive five (5) year periods (each a "Renewal Term "), Each Renewal Term shall automatically
commence, on the same terms and conditions of the Agreement (as amended by this Second Amendment), without
further action by Tenant, unless (i) the Agreement is sooner terminated in accordance with its terms or (ii) Tenant
provides Landlord with written notice of its intention not to renew at least thirty (30) days prior to the expiration of
the New Term or of any Renewal Term.
3. Rent The amount of rent payable during the New Term and each Renewal Term shall be as
follows, notwithstanding any different rental rates or escalation factors set forth in the Agreement:
(a) From and after the commencement date of the New Term (the "New Term
Commencement Date "), Tenant shall pay Landlord or designee, as rent, one thousand one hundred seventy dollars
1
Slte Number A100017AI Leaso renew¢I e,ew [crm_10 -24 -II LU'I"1'
Site Nano. Lakeville (Feirfietd)
Mabee MN MINNEAPOLIS MN
and forty -nine cents ($1,170.49) per month ("Rent"). Prior to the New 'Perm Commencement Date, the Rent
amount shall be as set forth in the Agreement. Tenant shall pay the total amount of Rent for the first year of the
New Term, in tine amount of $14,045.00, within 'fifteen (15) days of the New Term Commencement Date.
Commencing with the second year of the New Term, Rent shall be paid monthly in advance. The Rent for the
second year of the New Term will be $1,541.66 per month. Rent shall increase by three percent (3.0 %) oil each
anniversary thereafter. Rent when due shall be subject to a five percent (5 %) late fee and shall allow Landlord the
option to terminate this Agreement upon thirty (30) days written notice to cure from Landlord to Tenant if Tenant
fails to cure dm ing such notice period. Rent for any fractional month at the beginning or at the end of the New
Term or any Renewal Term shall be prorated.
4. Notices All notices, requests, demands and communications under the Agreement will be given
by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier,
postage prepaid. Notices will be addressed to the parties as follows:
LANDLORD
City of Lakeville
20195 1folvoke Ave. West
Lakeville, MN 55044
TENAN'l
']'-Mobile Central LLC
12920 SE 38 "' Street
Bellevue, Washington 98006
Attn: PCS tease Administrator AIO0017A
With a copy to:
T- Mobile Central LLC
2001 Butterfield Road, Suite 1900
Downers Grove. IL 60515
Attn: Lease Administrator 41O0017A
With a copy to:
T- Mobile USA, Inc.
12920 SE 38th Street
Bellevue, Washington 98006
Attn: Legal Dept. A D - 00I7A
Either party hereto may change the place for the giving of notice to it by not less than thirty (30) days' prior written
notice to the other as provided herein.
5. Required Consents Landlord represents and warrants that Landlord has obtained ail required
consents in connection with entering into this Second Amendment (including, without limitation, all master
landlord, lender and secured parry consents, if applicable). If any other consent, authorization or approval of
Site N,unber Al00017At Leuse renewal new tznn_I044- IILLlT
Site Name LA vdle (Fairfield)
Maker MN MINNEAP0US MN
Landlord is required or requested by Tenant from time to time under the Agreement, such approval, consent or
authorization shall not be unreasonably withheld, conditioned or delayed.
G. Recording of Documents Landlord approves and agrees to cooperate with the recording of the
Memorandum of Lease Second Amendment attached hereto as Schedule 11 and incorporated herein (together with
such changes therein as may be required to comply with local law and requirements) in the recording jurisdiction
where the Property is located.
7. Other Terms and Conditions Remain In the event of any inconsistencies between the Agreement
and this Second Amendment, the terms of this Second Amendment shall govern and control. Except as expressly
set forth in this Second Amendment, the Agreement otherwise is unmodified and remains in full force and effect in
accordance with its terms and conditions.
8. Miscellaneous This Second Amendment may be executed in multiple counterparts. Signatures
hereon sent by facsimile, e -mail or other electronic means shall be treated as original signatures.
9. Access. Background checks shall be completed on all individuals who request access to any of the
water system facilities, reservoir, wells m other public works facility located within the Property ( "Facilities" or
"Facility "). Background checks performed by the 'Tenant requesting access for its employees cannot be used in
substitution of Landlord's back check. Landlord reserves the right to refuse access to any Facility located
within or about the Property based on the results of the background check. Landlord will update the background
checks annually. The following guidelines represent the procedures, duties mud responsibilities of Landlord and
Tenant with respect to access to the Property or Premises:
Background Checks Individuals, groups, and companies requesting access to the Premises on
behalf of Tenant shall submit the name of the Tenant and other pertinent information regarding the access request to
Landlord's Operations and Maintenance Department as set forth below. Information must be received sufficiently
in advance of the visit to the Premises to allow for the completion of a background check. 'The Landlord's
Operations and Maintenance Department will provide the information to the Lakeville Police Department who will
complete the background check. The Police Department will return the results of the background check to the
Operations and Maintenance Department for review and disposition. Information provided to the Landlord
concerning background checks will be maintained on file for one year.
Procedures All individuals must present appropriate state, federal, or company issued photo
identification before access is granted to the Premises. All individuals, regardless of the status of the background
check, will be escorted by Landlord personnel when working within the Facilities. Individuals with approved
background checks will be allowed to work within the Premises unescorted, subject to escort requirements for work
within Facility areas. Individuals without approved background checks will be escorted while they are working in
or around the Premises. Tenant shall contact the Landlord's Utility Department at 953- 985 -4540 from 7:30 a.m. -
4:00 p.m. central time Monday through Friday or the Landlord's Police Department at 952985 -4800 at all other
times to obtain access to the Premises.
Tenant Charges for Access In the event the Landlord's Operations and Maintenance Department
is required to escort an individual, the 'Tenant will be billed by Landlord for costs and expenses incurred by the
Landlord in dispatching employees to the Premises. In the event the Landlord's personnel is called out after regular
City business hours as set forth above or on City holidays, to provide access to the Premises, charges for the eallout
will be billed to the Tenant.
3
Sita Number: AI00017AI Leare venewei newium_I O- 24- TI LL- Il
S,teNmn¢ LA
M.,W MN MINNEAPOLIS MN
IN WITNESS WHEREOF, the parties have caused their property authorized representatives to execute
and deliver this Second Amendment effective as of the Effective Date.
slte Number. AI00017A1 Lcase ren tewul new remi_10- 24- IILL -IT
siroN.'e LAk,ille(£air£ieM)
Market MN MINNEAPOLIS MN
SCHEDULEII
Second Amendment to Site Lease Agreement
Memorandum of Lease Amendment
SdeNumben AIO0017AI Lease renewal new terml 0 -24 -11 11=: - 1
SdeName. Leke,tlle(Fnirfield)
Market MN M1NMr.APOLIS YIN
MEMORANDUM OF LEASE AMENDMENT
Assessor's Parcel Number: Error! Reference source not found.
A Site Lease Agreement dated November 18, 1996, as amended (as so amended, the
"Lease ") by and between the City of Lakeville, a Minnesota municipal corporationError!
Reference source not found., (`Landlord ") and T- Mobile Central LLC, a Delaware limited
liability company ( "Tenant') was made regarding a portion of the following property:
See attached Exhibit A incorporated herein for all purposes
The Lease is for a term that is currently scheduled to expire on November 30, 2016. Tenant shall
have the right to extend the Lease for two (2) additional and successive five -year terns.
IN WITNESS WHEREOF, the parties hereto have executed this memorandum.
LANDLORD: City of Lakeville
B
Printed Name:
Title:
Date:
TENANT: T- Mobile Central LLC
By:
Printed Name:
Title: _—
Date:
Site Numbcr. AI00017A1 Lease renewal new to +'m_10-24- IILLTP
SdeN¢me_ Lakeville 0
M2t MN MINNEAPOLIS MN
STATE OF
COUNTY OF
) ss.
This instrument was acknowledged before me by
of
for and on behalf of said entity.
Dated:
(t ise this mace
Notary Public
Print Name
My commission expires
notary stamp /seal)
the
sgmNmnher: A100019AI Lease renewal new�esm_IO- 24- IILL=I
S,w Na,,e LA ,11c(Eeirfield)
Market MN WNNEAPOLIS MN
STATE OF
COUNTY OF
) ss.
This instrument was acknowledged before me by _ _ Error! Reference
source not found., the of a Delaware
, for and on behalf of said entity.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
8
Site Numbe,.. AI00017AI (.ease renewal new teen 10 -24 -11 LL -TI'
Sfte Name Lakeville (Fairfield)
Mvl kel MN MINNEAPOLIS MN
Memorandum of Lease Amendment Exhibit A
Legal Description
The Property is legally described as follows:
Lot 1, Block 2, PAWIELD BUSINESS CAMPUS, Dakota County, Minnesota, according
w the recorded plat thereof.
SBeNumbe, AiO0017AI Leese renewal new tttm_10- 24- IILLS'f
SwX.,'. Lake,,11e(Fzu fdd)
Me,Ut MN MINNEAPOLIS MN
PREPARED BY:
Black Dot Wireless
Processing Department
27271 Las Ramblas Suite 200,
Mission Viejo, CA 92691
WHEN RECORDED RETURN TO:
Black Dot Wireless
27271 Las Ramblas Suite 200,
Mission Viejo, CA 92691
SPACE ABOVE FOR RECORDER'S USE
MEMORANDUM OF LEASE AMENDMENT
A Site Lease Agreement dated November 18, 1996, as amended (as so amended, the "Lease ") by and
between the City of Lakeville, a Minnesota municipal corporation, ( "Landlord ") and T- Mobile Central LLC, a
Delaware limited liability company ( "Tenant ") was made regarding a portion of the following property:
See atra head Exhibit A incorporated herein for all purpose's
The Lease is for a term that is currently scheduled to expire on November 30, 2016. Tenant shall have the right to
extend the Lease for two (2) additional and successive five -year terms.
[Signatures on Following Pagel
IN WITNESS WHEREOF, the parties hereto have executed this memorandum.
LANDLORD: City of Lakeville
By:
Printed Name
Title:
Date:
STATE OF
COUNTY OF
ss.
This instrument was acknowledged before me by
of
the
for and on
behalf of said entity.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
TENANT: T- Mobile Central LLC
STATE OF p CL o )
ss.
COUNTY OF
Th s nstru t lit was acknowledged before me by e t �, the
t r of a t 43ae.';�tr'r
t v .t, c a \ 1tc�> a Delaware �tC� ' or and on
beh, f of said entity .
}
Dated: -�:�A
q�mW4nag�g�
° ' + +
e
.,samaakR9� ®9 ply +0
ap p®
�.8 ��
to
(Use this space for notary stam)/s
..........
Notary Publ c -
Print Name
My commission expires t
eal)
Memorandum of Lease Amendment Exhibit A
Legal Description
The Property is legally described as follows:
W 1, I31c:ck 2, FAIFTIF D BUSiNIF:SS CAMPUS, Dakota County, Minnesota, according
to the recorded plat thereof.