2012/10/23 City Council Resolution 2012-123RESOLUTION NO. 2012 -123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE SECOND AMENDMENT TO THE LAND
LEASE AGREEMENT WITH SPRINT SPECTRUM REALITY COMPANY, L.P. FOR A
TELECOMMUNICATION TOWER LOCATED AT BENICIA PARK, 7471 SANTA
BARBARA DR. (APN 143- 160 -008)
WHEREAS, on March 9, 2004 the City Council adopted Resolution No. 2004 -51
authorizing execution of a communications site land lease agreement with Sprint PCS for the
purpose of providing wireless telecommunication services ( "Agreement ");
WHEREAS, the Agreement was amended by the City Council on June 12, 2007, pursuant
to Resolution No. 2007 -96 ( "First Amendment ");
WHEREAS, on December 8, 2011 City of Rohnert Park Planning Commission adopted
Resolution No. 2011 -26 approving modification to existing Telecommunications Facilities,
including installation of new antennas;
WHEREAS, condition of approval number 11, as stated in Planning Commission
Resolution No. 2011 -26, required that "prior to installation of the new antennas, the applicant
shall renegotiate the lease of the Benicia Park property with the City of Rohnert Park; and
WHEREAS, the terms of the second amendment to Agreement have been mutually
negotiated;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a second amendment to the Agreement ( "Second
Amendment "), which is attached hereto as Exhibit A and incorporated by this reference. Except
as expressly provided in the Second Amendment, the Agreement, as amended, shall remain in full
force and effect.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this Second Amendment to the Agreement for and on behalf of the
City of Rohnert Park, including execution, if necessary, in substantially similar form to the
attached Second Amendment subject to minor modifications by the City Manager or City
Attorney.
DULY AND REGULARLY ADOPTED this 23rd day of October, 2012.
ATTEST:
11
City Clerk
CITY OF ROHNERT PARK
AHANOTU: A-IC BELFORTE: NIE CALLINAN: N16 STAFFORD: A-qC MACKENZIE: 1610/0
AYES: ( S ) NOES: (O ) ABSENT: ( b ) ABSTAIN: ( b )
Exhibit A: Second Amendment to Lease
(2)
Site Name: Benicia Park
SECOND AMENDMENT TO LAND LEASE AGREEMENT
Site ID #: SF62XC903
This Second Amendment to Land Lease Agreement (this "Amendment "), effective as of the date last signed below
( "Effective Date"), amends a certain Land Lease Agreement between Sprint Spectrum Realty Company. L.P., a Delaware limited
partnership, successor in interest to Sprint Spectrum L.P., a Delaware limited partnership ("Lessee ") and the City of Rohnert Park
("Lessor "), dated June 29, 2004 as amended by First Amendment to Land Lease Agreement dated June 12, 2007 (collectively, the
"Agreement ").
BACKGROUND
WHEREAS. Lessee desires to modify its installation on the Premises by swapping out two (2) existing equipment
cabinets and replacing them with two (2) new cabinets (I MMBS cabinet and I BBU cabinet); adding 2 RRU's per sector (for a total
of 6); replace exiting antennas with three (3) new 6' tall 800 /1900 panel antennas and extending the height of the existing antennas on
the existing monopole to 76' as more particularly described in Exhibit B -I dated April 18, 2012 annexed hereto, Lessee and Lessor
desire to modify the provisions of the Agreement by deleting references to Lessee's subleasing of space in or on the Premises. Lessee
and Lessor also desire to increase the rent payable under this agreement. All such changes as provided as provided below.
AGREEMENT
For good and valuable consideration the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as
follows:
I. Modification to the Facilities. Exhibit -B to the Agreement is hereby amended to include the modifications described above
and identified on Exhibit B -I, a copy of which is attached and made a part hereof. Exhibit B -1 supplements Exhibit B to the
Agreement, and shall not be deemed to supersede or otherwise modify Exhibit B or any part thereof except to the extent specifically
set forth above and in Exhibit B -1. Upon full execution of this Amendment, Lessee is permitted to do all work necessary to prepare,
maintain and alter the Premises to install or otherwise modify Lessee's equipment, all as more fully described and contemplated above
and in Exhibit B -I.
2. Modification to Rent. As additional consideration for the modification and other rights set forth in this Amendment, starting
on the date that is Sixty (60) days after the full execution of this Amendment, the monthly rent will be increased by $855.00, partial
months to be prorated.
3. Modification to Paragraph 19 (Assignment). Paragraph 19 is hereby amended by deleting any references to Lessee
subletting the Premises. Lessee shall not sublet any space to any parties under this Agreement.
4. Notice Address. The notice addresses in Section 20, entitled "Notices" of the Agreement for the party or parties listed below
are hereby deleted in their entirely and replaced with the following:
To Lessor: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928 -1627
Attention: City Manager
To Lessee: Sprint/Nextel Property Services
Sprint Site ID: SF62XC903
Mailstop KSOPHT0101 -22650
6391 Sprint Parkway
Overland Park, Kansas 66251 -2650
With a mandatory copy to: Sprint/Nextel Law Department
Sprint Site ID: SF62XC903
Mailstop KSOPHTO 10 1 -Z2020
6391 Sprint Parkway
Overland Park, Kansas 66251 -2020
Attn.: Real Estate Attorney
5. General Terms and Conditions.
a. All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the
terms contained in the Agreement.
b. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and
conditions contained in this Amendment, the terms and conditions herein will control. Except as set firth herein, all
provisions of the Agreement are ratified and remain unchanged and in full force and effect.
c. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original.
d. Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and
perform its respective obligations under this Amendment.
** *SIGNATURES ON FOLLOWING PAGE * **
Basic Amendment template. Project Vision
Revised 5.25.11
The parties have executed this Amendment as of the Effective Date.
Lessor:
City of Rohnert Park
tC
Name:
Lessee:
Sprint Spectrum Realty Company, L.P.
a Delaware lim d partnership
By: ...
Name:
Title: Tide:
Manager Real Estate
_. Date: Date: I'd, AZ/ L —
(Date must be completed) (Date must be completed)
Attest:
By: __
Name:
Title:
Date:
(Date must be completed)
Basic Amendment template. Project Vision
Revised 5.25.11
Exhibit B -1
Page .1
VEX
.: r»
Basic Amendment template, Project Vision
Revised 5 ?5.11
a;
t
f;)
� raj
A� AAA
E
c �
Exhibit B -1
Page 2
i I
}{ t
ib
fill
lift
[ 4{
s
F�•
M
r�
da �
r1 F
F�} a f it i rtf , tf It ; t! !t aR f,l r [
� f
1 fy a #r f�Y i�r f4 it +�9!' E
f
t, i�
E l �� q' �� F��e�Y
Ff �` j IP1111 ill }� }} S ¢� ^ i ! �f ja; " ei f at 'J a .j j
Y f3 1 P j f jt
nip ! �le� it�?E� F
.ra t [ ' ♦Y P qi i! ft.. TY Ftj r ? ga
a
,}�Er
ryi ! n, V f f�
`a
3 lft s t.
VI
. . . . . . . . . .
Basic Amendment template. Project Vision
Revised 5 25.11
E F f
t Y r
! ; 411"11
'
#.� , 7
y t
9.f
1 t
f
s
lift
[ 4{
s
F�•
c
s
i
i
�
M
r�
da �
r1 F
F�} a f it i rtf , tf It ; t! !t aR f,l r [
� f
1 fy a #r f�Y i�r f4 it +�9!' E
f
t, i�
E l �� q' �� F��e�Y
Ff �` j IP1111 ill }� }} S ¢� ^ i ! �f ja; " ei f at 'J a .j j
Y f3 1 P j f jt
nip ! �le� it�?E� F
.ra t [ ' ♦Y P qi i! ft.. TY Ftj r ? ga
a
,}�Er
ryi ! n, V f f�
`a
3 lft s t.
VI
. . . . . . . . . .
Basic Amendment template. Project Vision
Revised 5 25.11
E F f
t Y r
! ; 411"11
'
#.� , 7
y t
9.f
1 t
Exhibit B -1
Page 3
X 1 t. L
�' tv(4r'.
g
� ®R CL I I 11
d •j t F
t t r
11 it-1 [ is
:01111i
ril
�IIt�514
' F
Y
,1
fit 1.
,Jill 11 t
[ ► ##
t 1 i {{ E
r
i
lit yIp Ei p ty�
S,
lit jF a��� t�, � f � rr �$
i a .r1�t __e t • {f [
fill, _ �� Ir ¢ � R ,Ir V _tt .raj t r
-tot # r ka !.-1 111i ft: Ft:3
t it if'vl [
I mw
Basic Arnendrwnt template. Project Vision
Revised 5?S. I I
I , �1; ; tt 4 d
� g all"
I mi 19, Im- 1i i9m
Exhibit B -1
Page 4
3 r
4
ui
S
A
ot i -
ri �
Kj
}} `
s►
�" fir- � �
��
�n
�a 4
Basic Amendment template, Project Vision
Revised 5.25 It
Exhibit B-1
Page 5
161
CL
A
Blum 1,
Basic Amendment template. Project Vision
Revised 525,11
611,
;oat
-'T
lko
I
t .
01,
Exhibit B -1
Page 6
Basic Amendtrcnt template. N oject Vision
Revised 5 .?S.I 1
I S A
I F
CL
Vf
Jim
If: 37
(x E
i �t
�
��•
�
� is
(
� �E
tt
f � �� f
EEC
z
�r
S� `ti►
i 4s y
Basic Amendtrcnt template. N oject Vision
Revised 5 .?S.I 1
Exhibit B -1
Page 7
_ s +l sf
fill
CL
Odb
i sp
....... ...
..
�a —
i
E
-
t1�
:R
Basic Amendment template. Project Vision
Revised 5'5.11 10
Exhibit B -1
Page 8
lb Q
fill
CL
f�
t
Uaiw Amendment templare. Project Vmon
Revised 5 .25.1 1
li
�p
!E
t
lk
2 2
S
i C C
Uaiw Amendment templare. Project Vmon
Revised 5 .25.1 1
li
�p
!E
C:
'C
CL
kn
FS
10
Basic .Amendment template. Project Vision
Revised 525,11
Exhibit B-1
Page 9
J psi: � '-
-...... - - --------
pf;
flirt
OM I
14
12
Ny
RINI
FS
10
Basic .Amendment template. Project Vision
Revised 525,11
Exhibit B-1
Page 9
J psi: � '-
-...... - - --------
pf;
flirt
OM I
14
12
Exhibit B -1
Page 10
z 7:
�.� N'.
!x + fill � a
CL +� ' . ► x+
w�
iq
T'l
cc
14
c i
a s
F t 4
t
•
i
p
�
�,�.•»„*�.�•,�.� � _ � 'F
�� ;
Fit '`
,jt '�� ! 1 111 �..
r
f
ki
Q
�
w
't
t 'Its
f
t
t��i
Basic Anterulntew template. Project Vision
Revised 5.25.11 13
Exhibit B -1
Page II
AL
M- g
0 V
IT,
h,
'Ila V
31 7
lit i.
- - - - - - - --- - - -
L J
izl all jPI; Lit,
Basic An", ment template. Project Vision
Revised 5.25.11 14
� t{
�a1z
r Ttr�i xi
Exhibit R -1
Page 12
�lllllffimllm
°�� "mil►.
IYfi
�1
R $ "43i &fiY4wtj
IV
it
i$-
q
fr j...„
i1 ru
it
fill.
�w
Basic Arnendrnent template. Project Vision
Revised 5.25.11 15
Exhibit R -1
Page 13
ft
' a' 1 Nil
���y :� it
fill
� i�y � i s aflit, I
If 111 ij Ill 11
f .Iii Iit 61041115 PA 11 1.1f�olf
... .. .. . . .. .. a . a a a a t
r
a
Basic Amemltnent template. Project Vision
Revised 5 25.1 t 16
3411,
••T
I
a