HomeMy WebLinkAboutReso 163-09 PCS Site AgmtRESOLUTION NO. 163-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
APPROVING THE SECOND AMENDMENT TO THE PCS SITE AGREEMENT
(Shannon Park 11600 Shannon Avenue)
WHEREAS, on November 6, 2001 the City Council authorized a lease of a small site
adjacent to Shannon Community Center for a telecommunications facility; and
WHEREAS, on February 3, 2004 the City Council adopted Resolution 19-04, which
accepted the Improvements as being complete and also adopted the first amendment to the Site
Agreement; and
WHEREAS, the ownership of the telecommunications site and interest in the lease has
been transferred by the original developer of the site; and
WHEREAS, the current Lessee has requested the amendment of the lease. to reflect the
sublease to Global Signal Acquisitions III LLC; and
WHEREAS, in consideration of the amendment the City of Dublin will receive cone-time
payment of $6,000 and an on-going increase in the monthly rent of $100 for the term of the
agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the Second Amendment to the PCS Site Agreement attached hereto as Exhibit A and
by reference made a part hereof.
BE IT FURTHER RESOLVED that the City Manager shall be authorized to execute the
amendment on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 17th day of November, 2009, by the
following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
r ,~~
Mayor
ATT T:
~P
City Clerk
Reso 163-09, Adopted 11-17-09, Item 4.3 Page 1 of 1
SE~COI!'U A~7~)+:'~I~'YIEN'1` TQ
PCS Si7`E .~~,CYR1l~~lVII~'l~lT
TI-I1S SICOI~D AlvlEl'~llJlvll~~JT' 'fO PCS S1fiE AGI~.IlM1AlT (the "Second
Amendment"} is entered into this ~_~ day of , X009, by and between Tl~l::
CITY OF I7I~HLIN, a municipal corporation, with a tttaiing address of 11600 Shannon Avenue,
Dublin, Califom.ia {hereinafter referred to as "Lessor" or "Owner") and STC NF t.l.~C, a
Delaware limited liability company, by and through its Attorne}t In Fact, Global Signal
Acquisitions lil LLC, a Delawarre limited liability company, with its principal offices located at
2000 Ct+tpora#e .Drive, Canonsbt~r, Pennsylvania. I X5317 (hereinai~er referred to as "Lessee" ar
"SSLP"},
RECITALS
WHEREAS, Lessor and Sprint Spectrum L.P., a Delaware limited partnership ("Original.
Lessee"} entered into a CS Site Agreement dated November 6, ~OQI (the "triginal
Agreement"} whereby Original Lessee leased certain real property, together with access and
utility easements, located in Alameda County, California fro~rt Lessor {the "Site"}, all located
within certain real property awned by Lessor ("Lessor's Property"}; and
WHI~REAS, the Original Agreement was amended ly that certain undated .First
Amendment to PCS Site Agreement dated February 6, 2004 {hereinafter the Original Agreement
and all subsequent amendrnenis are collectively re}erred to as the "Agreement"}; and
WHEREAS, STC Five LLC is currently the Lessee under the Agreement as successor in
interest to the Original Issee; and
Wl1l Rt;A l€,,essor and C,essec desire to amend the Agreement on the terms and
conditic~na cc>r~tained herein.
NOW THEREFORE, for food ana valuable consideration,. the receipt and sufYiciency of
cvhich are acl.nc~wledged, .Lessor and I,assec agree as fo-Mows:
51[C lVflrTl~: ~7lf~k~fCt 3
f3uticaitss t)nfl ~ Sf~(3d~3') I
Exhibit A
l . Recitals• Defined T~rrns, The paa'titrs ,acic~wledge the accuracy rf the foreggit~g
recitals. Ar~y capitalized tarns not defined hereir- shat! have the meanings ascribed ~ them in
the Agreementr
Ccrrtsent to firlobal Si~rtal Srablease. "I'he parti~e3 acknowledge that pursuant tQ a
sublease the `~Sublease"~, Lessee will sublease its entire interest in the Agreement to Global
Signal Acquisitions III LLC ("GSA") and ~aSA will then lease back to Lessee (and/or one car
rrrarre of its affiliates} a portion. of the Site (calleGtively, the "Lease and Lease hack.
Transactions"). In consideration for the Ret°-t Acijustrxrcnt and Payment reflected in sections ~
and 4 of this Amendment, Lessor hereby consents to the [,.ease and Lease hack Transactions and
further acknowledges that it will require nr~ additic~zral payments under the Agre~m~ent for the
Lease and ..Lease Back Transactions or otherwise in connection with the above consents.
3. Rent Adjustment. Effective upon full execution of this Second Amendment, the
rnontly rent shall increase by an $mc~unt equal to Qne Hundred.. Dollars and 0!100 Dollars
t$104.OOIrnontl~). Fullow~ing such increase, the monthly rent shall continue to adjust. pursuant to
the terms of the Lease. Upon full execution, the panties agree the Base Rent due rncrnthly will
$1,335.$5, and, on July 1, ~f)l~, the Base RerZt would be adjusted upward a rninirnum of ~%
pursuant tc~ the terms of srabdivision fib} of section 3 of`the Agreement,
~. Censideratic~n. In c~vnsideration fflr arxrerading the A~reenrrent, Lessee will pay
Lesser Six Thousand and 00!100 Dollars ~$b,0170.00) within sixty days of full execution of this
Second Amendment.
5. Ratification.
(~} Lessor and Lessee agree that. Lessee is the current Lessee under the
Agreement, the Agree~r-ent is in full force and cff~ect, as it ray have tx:cn previously azri~:rided
and as arrtende~l herein, and tl~e t~,grerner~t contains the entire atreerer~t between Lessor and
[wes5ee with. respect tc~ the Site.
~b~ Lessor and Le see a~,ree that any and all actions or inactions that have
c~cct~rred ar silaulcf have occurred prior to the date of this .Second Amendment are approved and
Site fame;; [:)ahl~rt
Ri.rsMSes~ L!~st+i: $£03.,"1
Exhibit A
ratif cd by the parties a.-~d the parties agree that no breaches ear defaults exist as +~~ the date Qf this
Second Am~er~dr~aent.
(c) Lessor repr+~sents a.n vvarrat~ts that l:,essor is duly° authorized and has cc
full power, right and authority to enter into this Second Amcrrdrrrent end to perform all of its
obligations under the .Agreement as amencieti.
6. Notices. Lessee's notice address as stated. in Section f of the Agreement. is
amended as follo~~rs:
LE~S~~,S P1~11~iA,RY CCJI~ACT STC Five LLC
c% Crown Castle USA Tnc.
E. Blal4e Hawk, General Counsel
Atm: Real Estate 17+epartnaet
~Q00 Corporate Drive
Canonsburg, PA 15317
7. Rernainder of Agreement Unaffected. The balance of the Agreement is hereby.
amended to reflect the ptrr~se cif this Second Amendment, T'lte parties hereto acicxxowledge that
except as expressly modified hereby, the Agreement remains utrmodified and in full force and
effect. lza the event of an3~ conflict pr incvr~sistc~y l~tu~recn the terrr~s cif thss cond
Amendment axed the Agreement, the terms of this Second Amendment shall control. unless
otherwise expressly defined herein? floe terms in this Second Amcndmerrt shall have the same
meanings assigr~.ed to such terms in the Agreement. °'his Second Amendment may be executed
simultaneously or in counterparts, each. of which shall be deemed an original, but all of which
together shall constitute one and khe carne a~rcccrtent.
[Signature pages folloav
i~usine~s U~tit ~: 3~t,~4g~ ~
Exhibit A
This Second ~xnenda~ent is executed by t,.ess~r as of the date first ~t~7itten above:.
LESSC)~2.:
~I`[~~' Q ~~~EIN~ ~ mutaaieipal ccr~ratioan
gay:
Print Name:
"itte:
(Lessee Execution Page Follows]
lSusltx:ss lJ~i~ k: SL~49'3
Exhibit A
`l"his ~eeond Amendment is exacutecl ley l..es~~ee as of ~e date first written abaw~e.
LE~~EE:
ETC F'TVE LI.C, a Delaware lir.~ited liability.
company
$y: Global Signal ,Acquisitions I[I LI~~, a
Delaware limitcti liability cnrnpany
lts: Attorney Tn li `aci
~3y: _ ~-~
Print Name: ~ ~ ~r u~~~ic.~„
"Title: ~~ _.,1 ..+~r~~-.mot.....
131~7~4, I
yiie 3~lxn~r fi~,t,ln
Exhibit A