HomeMy WebLinkAboutItem 06.dAugust 18, 2014 Item No.
FIRST AMENDMENT TO SITE LEASE AGREEMENT FOR (FAIRFIELD) WATER
TOWER WITH NEW CINGULAR WIRELESS.
Proposed Action
Staff recommends adoption of the following motion: Move to approve First Amendment to
Site Lease Agreement for (Fairfield ) Water Tower with New Cingular Wireless
Approval of the First Amendment to Site Lease Agreement for (Fairfield) Water Tower with
New Cingular Wireless will result in the leasing of space at the Fairfield Water Tower for a
generator to support their operations at that site.
Overview
The City of Lakeville approved a Site Lease Agreement in 2012 with New Cingular for the
installation and operation of antennas on the Fairfield Water Tower (11075 210t' Street). New
Cingular is seeking to install a backup generator at the site to serve the ground operation unit
at the site.
Primary Issues to Consider
• Lease value. New Cingular will pay City of Lakeville $1,100 per year of a 47 square foot
concrete pad. ($23 /sf.)
• Sound attenuation. The generator noise must comply with Minnesota Rules 7030, Noise
Pollution.
Supporting Information
` 6 0 .0 1 0-wim an, A
Financial Impact: $ $1.100 /year Budgeted: Y/N _NA Source: _Utility Fund
Related Documents (CIP, ERP, etc.):
Notes:
FIRST AMENDMENT TO
SITE LEASE AGREEMENT
FOR WATER TOWER
THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT (Agreement ") is entered into
this day of 2014, between the CITY OF LAKEVILLE, a Minnesota
municipal corporation with offices at 20195 Holyoke Avenue West, Lakeville, Minnesota 55044
( "Landlord ") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability
company with offices at 575 Morosgo Dr., 13 -F West Tower, Atlanta, GA 30324 ( "Tenant ").
1. Site Lease Agreement The Landlord and Tenant entered into a Site Lease
Agreement dated December 16, 2013 for property located at 11075 - 210' Street West, Lakeville,
Minnesota 55044 (the "Agreement "). The Agreement shall remain in full force and effect except
as specifically amended by this First Amendment to the Agreement ( "First Amendment ").
2. Generator Tenant may install a 60 Hz emergency back -up generator, not
exceeding ten (10) feet in height, and a diesel tank. The generator and diesel tank shall be located
on a 4.5' x 10.5' concrete pad at the location shown on the attached Site Plan, Exhibit "A." The
generator will be connected to equipment in the shelter. No alteration or attachments to the water
tower may be made. Tenant must obtain an electrical permit for the generator before installing the
generator. Noise from the generator must comply with Minnesota Rules 7030, Noise Pollution.
Exhibit "E" of the Agreement is amended to increase the annual rent by One Thousand One
Hundred Dollars ($1,100.00). The increase for 2014 shall be prorated to the date of this
Amendment and payment shall be made upon execution of this Amendment.
1
17726svi
1. Notices. Section 12 of the Lease is hereby deleted and replaced by the following:
All notices, requests, demands and communications 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 #: MNL03052
Cell Site Name: Lakeville (MN)
Fixed Asset No: 10081766
575 Morosgo Dr.
13 -F West Tower
Atlanta, GA 30324
With the required copy of legal notice sent to Tenant at the address above, a copy to the
Legal Department:
New Cingular Wireless PCS, LLC
Attn: AT &T Legal Department
Re: Cell Site #: MNL03052
Cell Site Name: Lakeville (MN)
Fixed Asset No: 10081766
Jr[dIF: WIIWII`I5 �
Dallas, Texas 75202 -4206
A copy sent to the Legal Department is an administrative step which alone does not
constitute legal notice.
If to Landlord: City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Telephone: 952- 985 -4400
Fax: 952-985-4409
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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first above written.
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17726svi
LANDLORD:
CITY OF LAKEVILLE, a Minnesota
municipal corporation
By:
Matt Little, Mayor
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
Delaware limited liability company
By: AT &T Mobility Corporation
Its: Manager
t
By:
Print: /wdullt Dlirald
Real Estate & Construction Manager
By:
Charlene Friedges, City Clerk
177268v1
Name:
Date: F ° r —/ °
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2014, by MATT LITTLE and CHARLENE FRIEDGES, respectively the
Mayor and City Clerk of the CITY OF LAKEVILLE, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF Rp )
/�
) ss.
COUNTY OF Ra iYso_4 )
The foregoing instrument was acknowledged before me this " day of
2014, by the R.cc, (h�+rtls -
of AT T MOBILITY CORPORATION, the Manager of NEW CINGULAR WIRELESS PCS,
LLC, a Delaware limited liability company, on behalf of said limited liability company.
���.�\ NOTARY PUBLIC Notary Public
�� �;� J � MINNESOTA
�:; UFO My Conmiss nn F�pl!es January 31. 1018
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(651) 452 -5000
RNK
177268v1
EXHIBIT "A"
To
FIRST AMENDMENT TO SITE LEASE AGREEMENT
SITE PLAN WITH LOCATION OF GENERATOR AND DIESEL TANK
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