2020/04/28 City Council Resolution 2020-035 RESOLUTION NO. 2020-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT
TO THE ANTENNA SITE LEASE AGREEMENT WITH METRO PCS CALIFORNIA,
LLC FOR A TELECOMMUNICATIONS EQUIPMENT LOCATED AT THE
NORTHERN FIRE STATION (5200 COUNTRY CLUB DRIVE)
WHEREAS, on February 8, 2005 the City Council adopted Resolution No. 2005-38
authorizing execution of an antenna site land lease agreement with Metro PCS LLC ("Licensee")
for the purpose of providing wireless telecommunication services ("Agreement"); and
WHEREAS, the Agreement allows the placement and modification of equipment
includes antennas mounted on a free-standing pole that also serves as a hose-drying rack; wiring,
fiber optic and conduit on the site; and equipment and panels in a utility room shared with
Department of Public Safety communications equipment; and
WHEREAS, Licensee desires to amend the Agreement to provide for four additional
five-year renewal terms, which would extend the entire lease through the year 2045; and
WHEREAS,the terms of this proposed First Amendment to Agreement have been
mutually negotiated to provide for increased compensation and property protection for the City
in exchange for increased renewal terms for the Licensee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the first amendment to the Agreement ("First
Amendment"), which is attached hereto as Exhibit A and incorporated by this reference. Except
as expressly provided in the First Amendment, the Agreement 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 First 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 First Amendment subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 28th day of April, 2020.
CITY OF ROHNERT PARK
JosephVF. Callinan, Mayor
ATTEST:
Sylvia Lo uevas, Assistant City Clerk
Attachment: Exhibit A
ADAMS: BELFORTE: STAFFORD: MACKENZIE: ACALLINAN•
AYES: ( � NOES: ( J0 AB NT: F (21) ABSTAI • ( 95)
DocuSign Envelope ID:81627EO7-FB56-4AB4-8DOD-D3FF89107C21
FIRST AMENDMENT TO ANTENNA SITE LICENSE AGREEMENT
This First Amendment to Site Lease Agreement(the"Amendment") is effective as of the earlier of date
of City Council approval or date last signed below(the"Effective Date") by and between The City of
Rohnert Park("Licensor")and MetroPCS California, LLC,a Delaware limited liability company
("Licensee")(collectively,the"Parties").
Licensor and Licensee(or their predecessors-in-interest)entered into that certain Antenna Site
License Agreement dated February 8, 2005, (the"Agreement")regarding Licensor's leased area
("Premises") located at 5200 Country Club Drive, Rohnert Park, CA 94928(the"Property").
NOW,for good and valuable consideration, Licensor and Licensee agree as follows:
1. Except as expressly modified herein,the terms of the Agreement shall continue to be in full force
and effect.
2. At the expiration of the Agreement on June 8, 2020,the Term of the Agreement will automatically
renew for four(4)successive renewal terms of five(5)years each (each a "Renewal Term"),
provided,that Licensee may elect not to renew by providing Licensor a minimum of ninety(90)
days' prior written notice prior to the expiration of the then current Renewal Term.
3. At the commencement of the first Renewal Term provided for in this Amendment, Licensee shall pay
Licensor a non-refundable License Fee of Forty-Thousand Eight Hundred and No/100 Dollars
($40,800.00) per year,payable in advance in twelve monthly installments of Three Thousand Four
Hundred and No/100 Dollars($3,400.00) (the"License Fee"),with monthly payments due based on
the Commencement Date established under the Agreement. The License Fee shall then
automatically increase each year thereafter by three and one-half percent(3.5%)as required in the
Agreement.
4. All notices, requests, demands and other communications shall be in writing and sent via U.S. mail,
certified, return receipt requested or personally delivered or sent via a nationally recognized courier
to the addresses set forth below. Licensor or Licensee may from time to time designate any other
address for this purpose by providing written notice to the other Party.
If to Licensee: If to Licensor:
T-Mobile USA, Inc. The City of Rohnert Park
12920 SE 38th Street 130 Avram Avenue
Bellevue,WA 98006 P.O. Box 1489
Attn:Lease Compliance/SF71310M Rohnert Park,CA 94928
1
Site Number:SF71310M
Site Name: SF71310M Firestation
Lease ID:146591 11/21/2019
OAK#4810-9301-3652 v
05605-0012
DocuSign Envelope ID:81627EO7-FB56-4AB4-SDOD-D3FF89107C21
5. To the extent any provision contained in this Amendment conflicts with the terms of the
Agreement,the terms and provisions of this Amendment shall control. Each reference in the
Agreement to itself shall be deemed also to refer to this Amendment.
6. This Amendment may be executed in counterparts,each of which will be deemed an original.
Signed electronic copies of this Amendment will legally bind the Parties to the same extent as
originals.
7. 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. Licensor
represents and warrants to Licensee that the consent or approval of a third party has either been
obtained or is not required with respect to the execution of this Amendment.
IN WITNESS,the Parties execute this Amendment as of the Effective Date.
Licensor: Licensee:
The City of Rohnert Park MetroPCS California,LLC,a Delaware limited
liability company
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By: By: —-
Print Name: Print Name: K�
Its: Title: ,�Y &
Date: Date:
1�eUy D�t1?haW 11/21/19
T-Mobile Contract Attorney
as to form
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APPROVED AS TO FORM:
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City Attorney
ATTEST:
2
Site Number:SF71310M
Site Name: SF71310M Firestation
Lease ID:146591 11/21/2419
OAK#4810-9301-3652 v I
05605-001?