HomeMy WebLinkAbout20100405 - VI-15
MEMO
To:Honorable Mayor and City Council
From:Tom Montgomery
Date:March 31, 2010
Re:Nextel Lease Amendment
Enclosed for Council approval is an amendment to the City’s existing wireless
antennae lease with Nextel. The lease amendment will allow Nextel to add an
additional 52 square feet of ground lease space inside the 4 Street water tower
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for an additional cost of $6,600 per year.
Background
In 2005, Sprint purchased Nextel. Both Sprint and Nextel had antenna
leases on the 4 Street water tower. Sprint is just now combining the antenna
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and switching systems and has terminated its Sprint lease and modifying its
Nextel lease to combine the two systems. Unused antennae are being removed
from the water tower, but rather than move the existing Sprint switching
equipment into the Nextel ground lease area, Sprint/Nextel would rather amend
the existing Nextel lease agreement to lease additional area for the existing Sprint
switching equipment.
Council Action Requested
Council is request to approve the enclosed Nextel lease amendment.
Site Number: MN0040
Site Name: HASTINGS 4TH STREET WATERTOWER
FIRST AMENDMENT TO SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT (“Amendment”), dated
as of the latter of the signature dates below, is by and between City of Hastings, a
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Minnesota municipal corporation having a mailing address of 101 E. 4 St., Hastings,
MN 55033 (hereinafter referred to as “Landlord” or “Lessor”) and NEXTEL WEST
CORP, a Delaware corporation, having a mailing address of Sprint Nextel Property
Services, 6391 Sprint Parkway Mailstop: KSOPHT0101-Z26506391, Overland Park, KS
66251-2650 (hereinafter referred to as “Tenant” or “Lessee”).
WHEREAS, Lessor and Lessee entered into a Site Lease Agreement dated July
28, 1997, whereby Lessor leased to Lessee certain Leased Premises, therein described,
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that are a portion of the Property located at 1800 W. 4 St., Hastings, MN 55033
("Agreement"); and
WHEREAS, Lessor and Lessee desire to amend the Leased Premises as described
in the Agreement; and
WHEREAS, Lessor and Lessee desire to amend the rent payable to Lessor under
the Agreement; and
WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the
Agreement as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessor and Lessee agree as follows:
Leased Premises.
1. The Leased Premises as defined in the Agreement shall be
amended to add the existing Sprint cabinet lease area (approximately 52 square feet) to
the existing Leased Premises for a total of approximately 152 square feet of ground space
and to relocate all Lessee antennas to the top of the Structure, all as depicted on the
attached Exhibit B-1, which shall, together with all associated coaxial cable runs
connecting such antennas to the base station equipment, hereafter be included as a portion
of the Leased Premises. Subject to the requirements and restrictions set forth in the
Agreement, Lessee shall be allowed to install, maintain and operate up to 12 antennae on
the Structure as provided in Section 4c of the Agreement.
Rent
2.. Effective April 1, 2010, the rent payable by Lessee to Lessor pursuant to the
Agreement shall increase by Six Thousand Six Hundred and 00/100 Dollars ($6,600.00)
per year (calculated as $550.00 per month), to be paid annually, over and above the rent
amounts otherwise provided for in the Agreement, partial years to be prorated. All future
rent adjustments, including annual rent increases, shall continue to be calculated
according to the terms of the Agreement
.
After Hours Access.
3. Any required access to the Leased Premises outside of the
normal business hours (M-F, 7am-3pm of Lessor shall be billed to and paid by Lessee
)
upon the terms and rates set forth in the Fee Schedule Ordinance for the City of Hastings
in effect at the time the request for access is made. For emergency purposes, Lessee can
call Lessor at telephone number 651-248-3271 (if outside Lessor’s normal business
hours) to access the Structure, seven (7) days a weeks, twenty-four (24) hours a day.
Assignment
4.. Section 19 of the Agreement is hereby amended by adding the
following:
Notwithstanding anything to the contrary contained herein, Tenant has the
right, without notice to or consent of Lessor, to sublease (or otherwise
transfer or allow the use of) all or any portion of the Site or assign its
rights under this Agreement in whole or in part to: (a) any entity
controlling, controlled by or under common control with Tenant; (b) any
entity acquiring substantially all of the assets of Tenant; or (c) any
successor entity in a merger or consolidation involving Tenant.
Notices
5. . Tenant’s notice addresses set forth in Section 22 of the Agreement are
hereby deleted in their entirety and replaced with the following:
If to Tenant: Sprint Nextel Property Services
Mailstop: KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, KS 66251-2650
With a mandatory copy to: Sprint Nextel Law Department
Mailstop: KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park, KS 66251-Z2020
Attn: Real Estate Attorney
Exhibit B
6.. To the extent the attached Exhibit B-1 is inconsistent with Exhibit B
attached to the Agreement, Exhibit B-1 attached hereto shall supersede Exhibit B
attached to the Agreement and shall control as to the locations of antennae and other
equipment installed by Lessor.
Other Terms and Conditions Remain.
7. In the event of any inconsistencies between
the Agreement and this Amendment, the terms of this Amendment shall control. Except
as expressly set forth in this Amendment, the Agreement otherwise is unmodified and
remains in full force and effect. Each reference in the Agreement to itself shall be
deemed also to refer to this Amendment.
Capitalized Terms.
8. All capitalized terms used but not defined herein shall have the
same meanings as defined in the Agreement.
Counterparts
9.. This Amendment may be executed in duplicate counterparts, each of
which will be deemed an original.
Authority
10.. The parties hereto represent and warrant that they have the right, power,
legal capacity and authority to enter into and perform their respective obligations under
this Amendment.
IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this Amendment on the dates set forth below.
LESSOR
CITY OF HASTINGS, A
MINNESOTA MUNICIPAL
CORPORATION
By:
Print Name: Paul J. Hicks
Its: Mayor
Date:
By:
Print Name: Melanie Mesko-Lee
Its: Assistant City Administrator/
City Clerk
Date:
LESSEE
NEXTEL WEST CORP.
By: _
Print Name: _________________ _
Its: ____________________________
Date: ,2010
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
STATE OF MINNESOTA )
)ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _______of ___________,2010, by
Paul J. Hicks, Mayor and Melanie Mesko Lee, Assistant City Administrator/City Clerk, on behalf
of the City of Hastings, a Minnesota municipal corporation.
Notary Public
NOTARY STAMP OR SEAL (OR OTHER TITLE OR RANK):
(SEAL)
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of
_______________________, 2010, by Its:
, as Authorized Agent for NEXTEL WEST CORP. a Delaware corporation on behalf of
the corporation.
_
Notary Public
NOTARY STAMP OR SEAL (OR OTHER TITLE OR RANK):
Exhibit B-1
See below one page drawing