2017/05/09 City Council Resolution 2017-052RESOLUTION NO. 2017-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
THIRD AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT
WITH T -MOBILE WEST LLC FOR TELECOMMUNICATION EQUIPMENT
LOCATED AT PUBLIC SAFETY MAIN STATION, 500 CITY CENTER DRIVE,
ROHNERT PARK
WHEREAS, on April 13, 1999 the City Council adopted Resolution No. 1999-84
authorizing execution of a Communication Site Lease agreement with Pacific Bell Mobile
Services for the purpose of providing wireless telecommunication services; and
WHEREAS, on March 31, 2009 the City Manager executed a First Amendment to
Communications Site Lease agreement with TMO CA/NV, LLC (formerly known as Pacific Bell
Wireless LLC, as successor -in -interest to Pacific Bell Mobile Services); and
WHEREAS, on August 28, 2013 the City Manager executed a Second Amendment to
Communications Site Lease agreement with T -Mobile West LLC (successor -in -interest to TMO
CA/NV, LLC (formerly known as Pacific Bell Wireless LLC, as successor in interest to Pacific
Bell Mobile Services); and
WHEREAS, the City and T -Mobile West LLC desire to amend the Communication Site
Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a Third Amendment to the Communications Site
Lease Agreement by and between T -Mobile West, LLC, a Delaware limited liability company,
and the City of Rohnert Park, a municipal corporation, which amendment is attached hereto as
Exhibit A and incorporated by this reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate this amendment for and on behalf of the City of Rohnert
Park, including execution, if necessary, in substantially similar form to the amendment attached
hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 9th day of May, 2017.
ATTEST:
��J
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
CITY OF ROHNER'l' I'ARlK
Jake Mac enzie, Mayor
AHANOTU: BELFORTE: A-` e _C.'ALLINAN: A '�_ STAFFORD: /0 P MACKENZIE:
AYES: (6 ) NOES: ( 0 ) ABSENT: ( ® ) ABSTAIN: ( 0 ) T
Exhibit A to Resolution
THIRD AMENDMENT
TO COMMUNICATIONS SITE LEASE AGREEMENT
THIS THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
("Third Amendment") is dated as of , 2017 (the "Third Amendment
Effective Date"), between The City of Rohnert Park, a Municipal Corporation, ("Landlord")
and T -Mobile West LLC, a Delaware limited liability company, successor -in -interest to TMO
CA/NV, LLC, a Nevada limited liability company, formerly known as Pacific Bell Wireless LLC,
as successor -in -interest to Pacific Bell Mobile Services ("Tenant").
RECITALS
WHEREAS, Landlord and Tenant are parties to that certain Communications Site Lease
Agreement, dated April 13, 1999, as amended by that certain First Amendment to Communications
Site Lease Agreement dated March 31, 2009 and that certain Second Amendment to
Communications Site Lease Agreement dated August 28, 2013 (collectively, the "Lease" or the
"Agreement"); and
WHEREAS, pursuant to the Lease, Landlord is leasing to Tenant certain "Premises",
consisting of a portion of the Property at 500 City Center Drive (formerly known as City Hall
Drive), Rohnert Park, California; and
WHEREAS, the purpose of this Third Amendment is to: (i) acknowledge Landlord's
consent to Tenant's modification of its Facilities as depicted on the revised Exhibit C-1 attached
hereto and incorporated herein; (ii) add fourth and fifth Renewal Terms; (iii) increase the Rent;
(iv) grant Tenant the right to increase its use of Landlord's electricity at the Premises and (v)
further amend the Lease as set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Landlord and Tenant hereby agree to amend the Lease as follows:
1. Amendment of Revised Exhibit "C". Revised Exhibit "C" to the Lease is hereby replaced with
the "Revised Exhibit C-1" attached hereto as Exhibit "C-1" and incorporated herein by reference.
All references in the Lease to the Exhibit C shall hereafter refer to and mean the Exhibit "C-1"
attached hereto. The roof membrane at the Building will not be impacted or otherwise affected by
the work described in Exhibit C-1.
2. The third sentence of Section 5 of the Lease entitled, "Term and Commencement Date" is hereby
deleted in its entirety and replaced in full with the following:
"In the event that Tenant is not in substantial default in the performance of the terms
and conditions of this Lease, Tenant shall have the option to renew this Lease for
up to five (5) additional and successive renewal terms of five (5) years each
("Renewal Term")."
3. Section 6. Rent. Section 6 of the Lease entitled, "Rent" is hereby amended to increase the current
Rent by the amount of Six Hundred and 00/100 Dollars ($600.00) per month, for a total monthly
rent of Three Thousand Seven Hundred Eighteen and 87/100 Dollars ($3,718.87), beginning on
the first day of the month following the month in which the Third Amendment Effective Date
Site #: BA00420A
Site Name: West Mt. Taylor
Market: San Francisco
occurs. All other provisions of Section 6 of the Lease shall remain in full force and effect,
including without limitation the automatic annual Rent increase as defined therein.
4. Section 8. Utilities. Subsection 8(e) of the Lease is hereby amended to grant Tenant the right to
use of additional Landlord electrical power at the Premises as defined in Exhibit C-1. Tenant
agrees to pay Landlord an increased Utility Fee in the amount of Four Hundred Fifty and 00/100
Dollars ($450.00) as consideration for Tenant's increased usage of electricity in the Building.
Tenant will have the right to core drill new holes for conduit in the electric room as described in
the attached Exhibit "C-1". The subject Building uses post tension concrete and Tenant agrees to
use great care in avoiding drilling into and/or damaging such post tension system in the Building.
Tenant, at its sole cost and expense, shall repair any damage it causes to the Building during or
from such activities. Cores shall be fire sealed upon the installation of new cabling. The heat load
from Tenant's new electric transformer as described on the Exhibit "C-1" shall not negatively
impact the ventilation in the electric room where the equipment is located nor cause damage or
interference with any of Lessor's existing equipment located therein. If any of the aforementioned
events occur, Tenant shall shut off the offending equipment as soon as possible but within twenty -
tour (24) hours of Tenant's receipt of Landlord's request that it do so. Landlord may shut off such
equipment in the case of an emergency. Tenant thereafter shall, at its sole cost and expense, build
additional ventilation into the electric room or replace or remove the transformer to a type that
causes no such damage if additional ventilation is not possible. Landlord and Tenant acknowledge
that the electrical room is currently properly ventilated. Landlord and Tenant shall share the cost
equally to improve the ventilation in this room should this become necessary from Landlord adding
equipment that increases the heat load provided that in no event shall Tenant be required to
contribute more than Three Thousand and 00/100 Dollars ($3,000.00) towards such costs.
Terms; Conflicts. The terms and conditions of the Agreement are incorporated herein by this
reference, and capitalized terms used in this Third Amendment shall have the same meanings such
terms are given in the Agreement. Except as specifically set forth herein, this Third Amendment
shall in no way modify, alter or amend the remaining terms of the Agreement, all of which are
ratified by the Parties and shall remain in full force and effect. To the extent there is any conflict
between the terms and conditions of the Agreement and this Third Amendment, the terms and
conditions of this Third Amendment will govern and control.
6. Approvals. Landlord represents and warrants to Tenant that the consent or approval of no third
party, including, without limitation, a lender, is required with respect to the execution of this Third
Amendment, or if any such third party consent or approval is required, Landlord has obtained any
and all such consents or approvals.
*** The remainder of this page intentionally left blank ***
Exhibit A to Resolution
Authorization. The persons who have executed this Third Amendment represent and warrant that
they are duly authorized to execute this Third Amendment in their individual or representative
capacity as indicated.
IN WITNESS WHEREOF, the parties have executed this Third Amendment effective as
of the Effective Date.
LANDLORD: The City of Rohnert Park
LN
Name:
Its:
Date:
TENANT: T -Mobile West LLC,
a Delaware limited liability company
By:
Name:
Name:
Its:
Date:
Site #: BA00420A
Site Name: West Mt. Taylor
Market: San Francisco
Title:
REVISED EXHIBIT C-1
TO COMMUNICATIONS SITE LEASE AGREEMENT
Depiction of Facilities
See attached plans dated 02/14/2017 consisting of pages T-1, T-2, A-1, A-2, A-3, A-4, E-1, E-2 & E-3
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