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Home My WebLink About11/26/2002 - STAFF REPORTS (7) Date: November 20, 2002 To: City Council From: Information Systems Specialist via Director of Information Technology FIRST AMENDMENT TO GROUND LEASE AGREEMENT WITH VERIZON WIRELESS RECOMMENDATION: That City Council authorize the City Manager to execute a First Amendment to the Ground Lease Agreement with Verizon Wireless, that proposes to add a generator to the property and increase annual rent paid to the City. SUMMARY: Verizon Wireless proposes to add a 40 kw emergency stand-by generator on a concrete pad within the leased tower site location. In the first month following the installation of the generator, Verizon Wireless agrees to increase rent from $683 to$750 per month for a net annual increase of $800 to the City. BACKGROUND: Verizon Wireless, formerly PacTel Cellular, subsequently Airtouch, entered into a Lease Agreement with the City of Palm Springs on October 6`h, 1993, for a cellular tower located at 1901 East Baristo Road, adjacent to Palm Springs Stadium. The term of the lease agreement is for 15 years with two five-year extension options. Verizon Wireless proposes to add a 40 kw Kohler emergency stand-by generator on a concrete pad. In the event of a power outage, the generator will keep the cell site operating. This will aid the City Police, Fire and Local Government departments, and the citizens of Palm Springs who use Verizon Wireless service. A ROVED: % Randy Co r� i�re W. Runge Information Systems Specialist r of Information Technology APPROVED: City Manager Attachments: First Amendment to the Ground Lease Agreement Minute Order REVIEWED BY DEFT.OF FINANCE `_ \ Tuesday, September 17, 2002 Mr. Jim Runge,Director of Information Technology City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263 Re: Verizon Wireless Proposed Lease Amendment Verizon Wireless Site Address: 1901 East Batiste,Palm Springs Dear Mr. Runge: Enclosed is the first draft of the First Amendment to Ground Lease Agreement between City of Palm Springs, Lessor,and Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless,Lessee,for your comments and/or approval. Exhibits A-2 and A-3 have been updated to reflect the surveyed lease area,which is 1,470 square feet plus utility and access easement. Rent will be increased to$750 per month as we agreed during our April 3, 2002 telephone conversation. Upon your approval,I will submit the First Amendment to Ground Lease Agreement for execution by Verizon Wireless and then forward to you for execution by the City of Palm Springs. Please give me a call should you have any questions. I look forward to a positive response from you. Sincerely, Thomas R Cornish Milestone Wireless Consultant 31226 West Nine Drive Laguna Niguel, CA 92677 949-240-4185 Office =Ornish c cornet cc* Master File Enclosure:First Amendment to Ground Lease Amendment 6 �4�- DRAFT September 11, 2002 FIRST AMENDMENT TO GROUND LEASE AGREEMENT This AMENDMENT TO GROUND LEASE AGREEMENT ("Amendment") is made this _ day of 2002 by and between City of Palm Springs, a Municipal corporation ("Lessor") and Los Angeles SMSA Limited partnership, a California limited partnership, dba Verizon Wireless by AirTouch Cellular, its General Partner("Lessee"),with reference to the facts set forth in the Recitals below: RECITALS A. Lessor and Lessee, or their predecessors in interest, are parties to a Ground Lease Agreement dated October 6, 1993 ("Lease"),whereby Lessor has leased a portion of Lessor's Property(as defined in the Lease) to Lessee to construct, operate and maintain a communications facility, including required antennas and antenna support structure(s), as situated substantially as shown on Exhibit "AT' attached to the Lease. The Lease is currently scheduled to terminate October 5, 2008. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Modification to the Pmcerty. LESSOR acknowledges and agrees that LESSEE intends to construct certain improvements (the "Improvements") on the Property, which are depicted and/or described on Exhibit "A4" to this Amendment, which Exhibit "A4" is incorporated herein by reference. The Improvements include the installation of a permanent generator. LESSOR hereby consents to the construction, installation, operation and maintenance of the Improvements as the same may be modified, added to and/or substituted from time to time during the term of the Lease,as the same may be extended. 2. Rent. LESSOR acknowledges and agrees LESSEE's Rent in the amount of Seven Hundred Fifty Dollars($750)per month will be effective the first of the month following the installation of the generator. 2. Continued Effect. Except as specifically modified by this Amendment, all of the terms and conditions of the Lease shall remain in full force and effect. In the event of a conflict between any term and provision of the Lease and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment,all initially capitalized terms will have the same respective defined meaning stated in the Lease. All captions are for reference purposes only and shall not he used in the construction or interpretation of this Amendment. IN WITNESS WHEREOF, LESSOR and LESSEE have caused this FIRST AMENDMENT TO GROUND LEASE AGREEMENT to be executed by each party's duly authorized representative effective as of the date first above written. LESSOR: LESSEE: CITY OF PALM SPRINGS, LOS ANGELES SMSA LIMITED PARTNERSHIP, D/B/A a Municipal corporation VERIZON WIRELESS,by AirTouch Cellular, its General Partner By: By: Robert F. Swain Title: West Area Vice President-Network Amendment to Grand Leese Agnew, tdo EXISTING OVERHEAD ELEC. & TEL. fr 7.-,f Ip can< —be elder .... ._�, a N POWER & TEL. POLE w' ^ CONCRETE CURB AND GUTTER F.N rsra.NO EXISTING WATER METERS '� pl EXISTING 15'-0" ACCESS EASEMENT ❑-o.e i :° H i EXISTING 7'-0" CONCRETE SIDEWALK 2— EXISTING '. .pe....:._,,.,s.<�.i:.,,"W...c. a �_, w%.Yi.n�.s✓.w,/x: _ .cm.d/.v.. EXISTING FENCE AT VERIZON LEASE AREA EXISTING TREES & SHRUBBERY EXISTING UNDERGROUND �imice: .. Pb<;,ne)c%, ELEC. & TELE. EASMENT /7 . a / ' EXISTING CHAINLINK FENCE G > � t �P..n/ofey;nn:4y _f EXISTING 15'-0' ATE VERIZON LEASE AREA, 1470 S0. FT. /:° nd' c EXISTING MONOPOLE WITH �., 4 'A: <<°...o%�/ . / EXISTING LANDSC ING � f LIGHTS P n.ltN"m EXISTING ELECTRICAL TRANSFORMER ON CONCRETE PAD EXISTING SCOREBOARD TO REMAIN j � '�'�. \' EXISTING ELECTRIC TRANSFORMER ON CONCRETE PA SITE PLAN SCALE: I" = 30'-0 EXHIBIT A-2 EXISTING CHAINLIN FENCE EXISTING SHRUBS AT PERIMETER OF EXISTING \ FENCE �M PROPOSED 40KW KOHLER EXISTING 12'x30' VERIZON EMERGENCY STANDBY WIRELESS EQUIPMENT GENERATOR ON A 114"x66"x6" SHELTER CONCRETE PAD WITH 4" CURB FOR CONTAINMENT EXISTING VERIZON WIRELESS 1470 SQ. FT. LEASE AREA EXISTING 15' WIDE SWING GATE i EXISTING 15' WIDE ACCESS EASEMENT EXISTING TRANSFORMER ON A '� % • CONCRETE PAD EXISTING SCOREBOARD EXISTING MONOPOLE WITH LIGHTS EXISTING CHAIN LINK \ EXISTING TREES FENCE ENLARGED SITE PLAN SCALE 1/16" = 1'-0" EXHIBIT A-3 MINUTE ORDER NO. EXECUTE A FIRST AMENDMENT TO THE GROUND LEASE AGREEMENT WITH VERIZON WIRELESS THAT PROPOSES TO ADD A GENERATOR TO THE PROPERTY AND INCREASE ANNUAL RENT PAID TO THE CITY. --------------- I HEREBY CERTIFY that this Minute Order to execute a First Amendment to the Ground Lease Agreement with Verizon Wireless which proposes to add a generator to the property and increase annual rent paid to the City, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 6T" day of November, 2002. PATRICIA SANDERS City Clerk V