HomeMy WebLinkAbout10/3/2001 - STAFF REPORTS (5) Date: October 3, 2001
To: City Council
From: Information Systems Specialist via Director of Information Technology
SECOND AMENDMENT TO GROUND LEASE AGREEMENT WITH CINGULAR
WIRELESS, FORMERLY PACIFIC BELL MOBILE SERVICES
RECOMMENDATION:
That City Council approve the Second Amendment to the Ground Lease Agreement with
Cingular Wireless, formerly Pacific Bell Mobile Services.
SUMMARY:
Cingular Wireless desires to install additional communications equipment and to expand
and/or reconfigure the leased premises. In consideration for adding equipment, Cingular
Wireless agrees to an increase in rent from $667.75 to $800 per month.
BACKGROUND:
In June 1996, Pacific Bell Mobile Services, now Cingular Wireless, entered into an
agreement with the City of Palm Springs to lease approximately 360 square feet within
DeMuth Park to construct, maintain and operate a communication facility, and to install
an antenna, light pole and field lights.
The lease was for a 15-year period, with two five-year extensions, with an initial annual
rent of $7200, adjusted yearly through the term of the lease based on the consumer
price index.
In September 1997 a First Amendment to the Ground Lease Agreement was approved,
which replaced Exhibit A2 and A3 of the Ground Lease Agreement. These exhibits more
accurately depicted the antenna facility and related utility lines in relation to City
property.
Cingular Wireless now desires to add a Base Transceiver Station (BTS) mounted on a
concrete pad as depicted in Attachment 1 of the Second Amendment to the Ground
Lease Agreement, hereto attached.
APPROVED:
Randy Cobb trector
es W. Runge
Information Systems Specialist of Information Technology
APPROVED:
City Manager �� Harold E. Good
Director of Procurement and
Contracting
Attachments: Second Amendment to the Ground Lease Agreement REVIEWED BY DEPT.OF FINANCE
Minute Order
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SECOND AMENDMENT TO THE GROUND LEASE AGREEMENT
THIS SECOND AMENDMENT TO THE GROUND LEASE AGREEMENT("Second Amendment")
between CINGULAR WIRELESS,LLC,A DELAWARE LIMITED LIABILITY COMPANY, on behalf of
PACIFIC BELL WIRELESS, LLC, A NEVADA LIMITED LIABILITY COMPANY, dba CINGULAR
WIRELESS,fka PACIFIC BELL MOBILE SERVICES,A CALIFORNIA CORPORATION("Lessee")and
the CITY OF PALM SPRINGS,A MUNICIPAL CORPORATION("Lessor")is dated as of this_day of
2001.
RECITALS
A. Lessor and Lessee have entered into that certain Ground Lease Agreement dated June 24, 1996,
as amended by that certain Second Amendment to the Ground Lease Agreement dated July 13, 1998(the"Lease").
B. Lessee desires to install additional communications equipment and to expand and/or reconfigure its
Premises("Alteration"). The proposed Alteration is depicted in Attachment 1.
C. Lessor and Lessee now wish to amend the Lease pursuant to this Second Amendment.
NOW,THEREFORE,the Lease is hereby amended as follows:
In consideration of this Second Amendment,and upon the date Lesseebegins construction and/or installation
of the Alteration,Lessee shall increase Rent to EightHundred Dollars($800.00)per month.Annual adjustment of rent
shall continue on the schedule identified in the original lease.
Upon completion of construction,Attachment 1 shall supplement Exhibit"A-2"to the Lease,so as to depict
the Alteration.
Capitalized terms used in this Second Amendment without definition shall have the meaning ascribed to such
terms in the Lease. Except as amended by this Second Amendment,the provisions of the Lease are hereby ratified and
affirmed.
(SIGNATURE PAGE FOLLOWS)
9/21I01 2.22 PM 1 Initials
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IN WITNESS WHEREOF, the parties have executed this Second Amendment to the
Communications Site Lease Agreement as of the date first written above.
APPROVED AS TO FORM
Name:
Title: City Attorney LESSOR
Date:
CITY OF PALM SPRINGS,
APPROVED BY THE CITY COUNCIL a municipal corporation
BY RESOLUTION NUMBER
By:
Name:
Date:
Titile: City Manager
(Check one: _Individual _ Partnership
Corporation)
By:
Name:
Title: City Clerk
ATTEST WITNESS
LESSEE
Name:
Cingular Wireless LLC
Date: A Delaware Limited Liability Company,
on behalf of Pacific Bell Wireless, LLC, a
Nevada Limited Liability Company, d/b/a
Cingular Wireless, f/k/a Pacific Bell Mobile
Services, A California Corporation
By:
Signature
Print Name &Title
9/21/01 2.22 PM 2 Initials:
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Y
CM-466-02
ATTACHMENT 1
The Premises consist of those specific areas described/shown below where Lessee's communications antennas,
equipment and cables occupy Lessor's Property. The Premises and the associated utility corrections and access,
including easements, ingress,egress,dimensions,and locations as described/shown below, are approximate only and
may be adjusted or changed by Lessee at the time of construction to reasonably accommodate sound engineering
criteria and the physical features of Lessor's Property.
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Notes:
1. Setback of the Premises from the Lessor's boundaries shall be the distance required by the applicable
governmental authorities.
2. The type,number and mounting positions and locations of antennas and transmission lines are illustrative only.
Actual types,numbers and mounting positions may vary from what is shown above.
8/21/01 2:22 PM 3 Initials:
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MINUTE ORDER NO.
APPROVING THE SECOND AMENDMENT TO THE
GROUND LEASE AGREEMENT WITH CINGULAR
WIRELESS, FORMERLY PACIFIC BELL MOBILE
SERVICES.
---------------
I HEREBY CERTIFY that this Minute Order approving the Second Amendment to the
Ground Lease Agreement with Cingular Wireless, formerly Pacific Bell Mobile Services,
was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 3rd day of October, 2001.
PATRICIA SANDERS
City Clerk