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Home My WebLink About4/5/2000 - STAFF REPORTS (5) DATE: April 5, 2000 TO: City Council FROM: Director of Information Technology FIRST AMENDMENT TO COX PCS ASSETS, LLC GROUND LEASE AGREEMENT RECOMMENDATION: That the City Council approve the First Amendment to the Ground Lease Agreement with Cox PCS Assets, LLC. BACKGROUND: On October 20, 1999, the City entered into a Ground Lease Agreement with Cox PCS Assets,LLC to install and maintain a cellular cormnmications tower/system at the "Old Police Building." Since the Agreement was approved, the City Attorney and the attorneys for Cox PCS Assets,LLC have recommended some corrections and clarifications to the Agreement. These changes will not affect the intent of the original agreement. The changes are contained in the "First Amendment to Ground Lease Agreement." antes W. Runge, Director of Information Technology APPROVED // .� City Manager (/ Attachments: I. First Amendment to Ground Lease - Cox PCS Assets, LLC 2. Original Ground Lease - Cox PCS Assets, LLC, dated October 20, 1999 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sprint Spectrum L.P. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Specialist - Riverside Coun - RV-35-XC-090 D SPACE ABOVE THIS LINE FOR RECORDERS USE MEMORANDUM OF LEASE AGREEMENT THIS MEMORANDUM OF LEASE AGREEMENT, made and entered into on this day of October, 1999 by and between THE CITY OF PALM SPRINGS, a Municipal corporation ("LESSOR"), and between COX PCS ASSETS, L.L.C., a Delaware limited lhability ("LESSEE"), wholly owned by Cox Communications PCS L.P., a Delaware flrnited partnership. WITNESSETH THAT: 1. LESSOR, on the terms and conditions set forth in an unrecorded document dated October_, 1999, and entitled "Ground Lease Agreement", which terms and conditions are incorporated herein by reference, and in consideration of the rent and covenants therein provided, does hereby lease to LESSEE, and LESSEE hereby leases and accepts from LESSOR, certain real property located at 311 E. Tahquitz Canyon Way (in an area commonly referred to as the Old Police Radio Building), Palm Springs, County of Riverside, State of California, within the property of LESSOR which is described in Exhibit "Al" attached hereto (and incorporated herein), together with a revocable, non-exclusive license (described herein below) for ingress and egress to and from the Property and a right-of-way to install and maintain utilities, for a term of five (5) years commencing on the date LESSEE commences construction of its facilities or January 1, 2000, whichever is earlier, which term is subject to extensions by LESSEE pursuant to Paragraph 3.13 of said unrecorded Ground Lease Agreement, which provides: "LESSEE is hereby granted options to extend this Lease on the same terms and conditions for two (2) additional five (5) year period (s) after the original term expires by giving LESSOR written notice of its intention to do so at least ninety (90) days prior to the date that the then-current term would otherwise end. If LESSEE is in default on the date of giving the option notice and said default is not cured in a timely manner after written Groundlease final.rtf October � October 25, 1999 notice from LESSOR, the option notice shall be totally ineffective, or if LESSEE is in default on the date the extended term is to commence and said default is not cured in a timely manner after written notice from LESSOR, the extended term shall not commence and this Lease shall expire at the end of the initial term or properly exercised extended term." 2. Paragraph 2.A. and 2.13. of said unrecorded Ground Lease Agreement provides: A. In consideration of the lease payments by LESSEE to LESSOR as agreed to herein, LESSOR hereby leases the Property to LESSEE and grants to LESSEE a non-exclusive license (irrevocable during the term of this Lease, provided however, that LESSOR may designate alternative access routes to the Premises from time to time) for ingress and egress (including but not limited to access for vehicles and temporary parking) to and from the Property (seven [7] days a week, twenty-four [24] hours a day). Notwithstanding the foregoing, LESSEE agrees, except in cases of emergency, to notify the Facilities Supervisor of LESSOR prior to exercising said access license and LESSEE agrees to cooperate with LESSOR in exercising said access license to the extent reasonably necessary for LESSOR to manage and operate LESSOR's property. Notification of the Facilities Supervisor of LESSOR may be made by telephone or electronic facsimile or in writing and is not iequired to conform to the requirements of Section 11 of this Lease as it is for the purpose of facilitating the management and operation of LESSOR's Property. In connection therewith, LESSEE hereby acknowledges that LESSOR permits third parties to utilize LESSOR's Property from time to time and such use may from time to time temporarily interfere with access to the Property; provided, however, that LESSOR shall cooperate with LESSEE to ensure that LESSEE is provided with the access needed to use the Property for the purposes permitted hereunder and to use its best efforts to provide LESSEE priority and immediate access to the Property in cases of emergency. B. LESSOR also grants LESSEE a nonexclusive easement (utility and telephone) to install and maintain utility wires, cables, conduits and pipes over, under and along a five (5) foot wide right-of-way as depicted on Exhibit "A2". LESSOR also grants LESSEE a twenty (20) foot wide access easement as depicted on Exhibit "A2". LESSOR may relocate such easements in accordance with Section 14W of this Lease. Ground -lease October Ce October 25, 1999 3. Paragraph 14.A of said unrecorded Ground Lease Agreement provides, in A. LESSOR represents, covenants and warrants that LESSEE, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have, hold and enjoy the Property. LESSOR agrees that no other commercial antenna structures will be erected upon any portion of LESSOR's Property without LESSEE's prior written consent, which consent shall not be unreasonably withheld. LESSOR will nd construct or operate, or permit to be constructed or operated, on LEaSSOR's Property any antenna structure or communications facility that interferes with LESSEE's use of the Property. PS Ground-lease-final.rtf October 25, 1999 IN WITNESS WHEREOF, LESSOR AND LESSEE have duly executed this Marrnorandum of Lease Agreement on the day and year first above written. LESSOR: The City of Palm Springs, a California municipal corporation By, ATTEST: City Manager CAPPROVED BY THE MY COtJN City Clerk CK BY NO. I a /D-Zo 1r1 APPR, V AS TO FORM: qq 16 11/ �` City ttorney LESSEE: COX PCS ASSETS L.L.C., a Delaware limited liability company By: Cox Communications PCS, L.P., a Delaware limited partnership, its only member By: Name: Mike Todd Title: Regional Director of Site Development- West By: PS Ground-lease-final.rtf October 25, 1999 PALMA. S oriy AP ` »c City of Palm Springs U F --�'1�. l i' N a Office of the City Clerk �4"oxnEn 3200 Tahqu¢z Canyon Way • Palm Spnmgs,Califomia 92262 TEL (760)323-8204 •TDD:(760)864-9527 April 14, 2000 COX PCS ASSETS Inc. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Dear Sir: Enclosed please find your copy of the first amendment to Agreement 4161, approved by the Palm Springs City Council on April 5, 2000, by Minute Order 6592. Should you have any questions, please let me know. Sincerely, PATRICIA A. SANDERS City Clerk - Post Office Box 2743 8 Palm Springs, California 92263-2743 MINUTE ORDER NO. APPROVING THE FIRST AMENDMENT TO GROUND LEASE AGREEMENT WITH COX PCS ASSETS,LLC TO CORRECT AND CLARIFY THE ORIGINAL AGREEMENT DATED OCTOBER20, 1999,TO INSTALL AND MAINTAIN A CELLULAR COMMUNICATIONS TOWER/SYSTEM AT THE "OLD POLICE STATION." --------------- I HEREBY CERTIFY that this Minute Order, approving the First Amendment to Ground Lease Agreement with Cox PCS Assets,LLC to correct and clarify the original Agreement dated October 29, 1999,to install and maintain a cellular communications tower/system at the "Old Police Station," was adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the 5"' day of April 2000. PATRICIA A. SANDERS City Clerk