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HomeMy WebLinkAbout2007-149 Council ResolutionCouncil Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 07 -149 APPROVING AMENDMENT TO SITE LEASE AGREEMENT, WATER TOWER #1 — VERIZON WIRELESS LLC WHEREAS, Verizon Wireless LLC wants to install an emergency power generator on the property at Water Tower #1 (7470 4th Avenue); and WHEREAS, The proposed generator lease area is approximately 13' x 18' as indicated on Exhibit B -1; and WHEREAS, AMENDMENT NO. 1 TO SITE LEASE AGREEMENT provides for an increase of rent of $2,400 annually. The revised annual rent shall increase on the 1st of January following the Increased Rent Commencement Date in accordance with the Site Lease Agreement dated February 14, 2000; and WHEREAS, AMENDMENT NO. 1 TO SITE LEASE AGREEMENT also provides for additional 5 year extensions after all other Renewal Terms in the original Site Lease Agreement, dated February 14, 2000, have expired. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the Mayor and Clerk are hereby authorized to execute, on behalf of the City, the agreement AMENDMENT NO. 1 TO SITE LEASE AGREEMENT with Verizon Wireless LLC. Passed by the Lino Lakes City Council this 24th day of September, 2007. ATTEST: Julian e Bartell, City 1 Jerk The motion for adoption of the foregoing resolution was duly seconded by Council Member Stoltz and upon a vote being taken thereon, the following voted in favor thereof: Reinert, Stoltz, Carlson, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. •STAFF ORIGINATOR: DATE: TOPIC: AGENDA ITEM NO. 1J Rick DeGardner, Public Services Director September 24, 2007 Consideration of Resolution 07 -149, Amendment to Site Lease Agreement, Water Tower #1 — Verizon Wireless LLC VOTE REQUIRED: Simple Majority BACKGROUND: Verizon Wireless LLC wants to install an emergency power generator on the property at Water Tower #1 (7470 4th Avenue). The proposed generator lease area is 13' x 18'. Exhibit B -1 indicates its proposed location. AMENDMENT NO. 1 TO SITE LEASE AGREEMENT provides for an increase of rent of $2,400 annually. The revised annual rent shall increase on the 1st of January following the Increased Rent Commencement Date in accordance with the Site Lease Agreement dated February 14, 2000. AMENDMENT NO. 1 TO SITE LEASE AGREEMENT also provides for additional 5 year extensions after all other Renewal Terms in the original Site Lease Agreement, dated February 14, 2000, have Allixpired. Either party may terminate this agreement by giving the other party written notice of its tention to terminate at least 90 days prior to the end of the term. Annual rental increases for each additional term will be on the same terms and conditions as stated in the original Site Lease Agreement, dated February 14, 2000. OPTIONS: 1. Approve Resolution No. 07 -149. 2. Deny Resolution No. 07 -149. 3. Return to staff for further review. RECOMMENDATION: Option 1. • 9/19/2007 J: \Ricks Folder \Utilities\Antenna \Greensheet Verizon amendment 9 -07 .doc • • SITE NAME: MINC Lino Lakes SITE NUMBER: MOSS & BARNETT /8/31/07 AMENDMENT NO. 1 TO SITE LEASE AGREEMENT This AMENDMENT NO. 1 TO SITE LEASE AGREEMENT ( "Amendment ") is made this day of , 200 by and between the City of Lino Lakes, a Minnesota municipal corporation ( "Landlord ") and Verizon Wireless (VAW) LLC d/b /a Verizon Wireless ( "Tenant "), with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey, 07920, with reference to the facts set forth in the Recitals below: RECITALS A. Landlord and Tenant, or their predecessors in interest, are parties to a Site Lease Agreement dated February 14, 2000 ( "Agreement "), whereby Landlord has leased a portion of Landlord's Property (as defined on Exhibit A in the Agreement) to Tenant to install, maintain and operate a communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto, as situated substantially as shown on Exhibit B attached to the Agreement. The Agreement commenced when fully executed on February 14, 2000 and the annual rent commenced on February 14, 2000, which is the Effective Date of the Agreement. The Initial Term commenced on February 14, 2000, and terminated on December 31, 2005. The Agreement automatically renewed for an additional five (5) year term and will automatically renew for two (2) additional five (5) year terms unless the Tenant sends notice of non - renewal to Landlord no less than ninety (90) days prior to the expiration of any Renewal Term. The Agreement is currently scheduled to terminate December 31, 2020. B. Landlord and Tenant desire to (i) provide additional Leased Premises adjacent to the water tower for an emergency power generator, (ii) revise the legal description of Landlord's Property, (iii) provide for an increase in the rent payable to Landlord under the Agreement for the additional Leased Premises for the emergency power generator space, (iv) provide an updated address for notice for Tenant, and (v) provide for additional extensions after all other Renewal Terms have expired. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. ADDITIONAL LEASED PREMISES. Additional ground space as described and shown on attached Exhibit B -1 is hereby provided by Landlord for Tenant's use to place an emergency power generator. 2. LEGAL DESCRIPTON OF THE PROPERTY. Exhibit A of the Agreement is deleted in its entirety and is hereby replaced by Exhibit A -1, attached hereto and made a part herof. MINC Lino Lakes Amendment No. 1 to Site Lease Agreement 1029118v2 • • • 3. RENT. Commencing on April 1, 2008, or the first day of the month following the start of construction, whichever occurs first ( "Increased Rent Commencement Date "), the annual rent is hereby increased by Two Thousand Four Hundred and No /100 Dollars ($2,400.00) as consideration for the additional ground space for an emergency power generator. A prorated payment by Tenant for the balance of the then current year, for the emergency power generator space, is due within forty-five (45) days of the Increased Rent Commencement Date. The revised annual rent shall increase on the 1st of January following the Increased Rent Commencement Date as provided in Paragraph 2 of the Agreement. 4. NOTICE ADDRESS. Tenant's address for Notice as stated in Paragraph 20 of the Agreement is hereby amended to: Tenant: Verizon Wireless (VAW) LLC d/b /a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 5. ADDITIONAL EXTENSIONS. If at the end of the third (3rd) five (5) year extension term, the Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least ninety (90) days prior to the end of such term, the Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least ninety (90) days prior to the end of such term. Annual rental for each such additional five (5) year term shall be on the same terms and conditions as stated in the Agreement. The initial term and all extensions shall be collectively referred to herein as the "Term ". 6. CONTINUED EFFECT. Except as specifically modified by this Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between any term and provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. Signatures on following page The remainder of this page intentionally left blank MINC Lino Lakes Amendment No. 1 to Site Lease Agreement 1029118v2 • • IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative effective as of the date written below. Landlord: Tenant: City of Lino Lakes, a Minnesota municipal Verizon Wireless (VAW) LLC corporation d /b /a Verizon Wireless By: Name: By: Its: Mayor Name: Beth Ann Drohan Its: Midwest Area Vice President - Network By: Name: Its: City Administrator Date: Date: Acknowledgments on following page The remainder of this page intentionally left blank MINC Lino Lakes Amendment No. 1 to Site Lease Agreement 1029118v2 • • Landlord ACKNOWLEDGMENT STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) This instrument was acknowledged before me on , 2007, by and , the Mayor and the City Administrator of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the City. STATE OF INDIANA Signature of Person Taking Acknowledgment Tenant ACKNOWLEDGMENT ) SS. COUNTY OF HAMILTON ) On this day of , 200, before me, the undersigned, a Notary Public in and for the State of Indiana, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Midwest Area Vice President - Network of Verizon Wireless (VAW) LLC d/b /a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d /b /a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. MINC Lino Lakes Amendment No. 1 to Site Lease Agreement 1029118v2 Print or Type Name: Notary Public in and for the State of Indiana My appointment expires: • • • Exhibit "A -1" (Property Legal Description) Page 1 of 1 Outlot C, Apollo Business Park, Anoka County, Minnesota. M[NC Lino Lakes Amendment No. 1 to Site Lease Agreement 1029118v2 • • Exhibit "B -1" Page 1 of 2 (Additional Leased Premises - Generator Lease Area Legal Description) That part of Outaot C, APOLLO BUSINESS PARK, according to the recorded pint thereof, Anoka County, Minnesotc , described as commencing at the southwest corner of the Northwest Quarter of Section 17, Township 31, Range 22, Anoke County, Minnesota; thence North 00 degrees 14 minutes 00 seconds West, assumed bearing, along the west line of said Northwest Quorter of Section 17 a distance of 728.83 feet; thence on a bearing of Eost a distance of 49.44 feet to the point of beginning of the premises to be described; thence continuing an o bearing of Fast a d stonce of 18.00 feet; thence on o bearing of South a cistance of 13.G0 fret; thence on a bearing of West o distance of 18.00 feet; thence on o bearing of North o distance of 13.00 feet to the point of beginning. MINC Lino Lakes Amendment No. 1 to Site Lease Agreement 1029118v2 • • • Exhibit "B -1" (Sketch of Generator Lease Area) Page 2 of 2 MINC Lino Lakes Amendment No. 1 to Site Lease Agreement 1029118v2 • • • DRAFTED BY AND RETURN TO: Moss & Barnett (JDL) 4800 Wells Fargo Building 90 South Seventh Street Minneapolis, MN 55402 -4129 (Site Name: MINC Lino Lakes) (Prepared by Carol J. Yerks Telephone No. (612) 877 -5314) (Space above this line for Recorder's use.) MEMORANDUM OF AMENDMENT NO.1 TO SITE LEASE AGREEMENT THIS MEMORANDUM OF AMENDMENT NO.1 TO SITE LEASE AGREEMENT ( "Memorandum ") evidences that an Amendment No.1 to Site Lease Agreement ( "Amendment ") was entered into as of , 200, by and between the City of Lino Lakes, a Minnesota municipal corporation ( "Landlord ") and Verizon Wireless (VAW) LLC d/b /a Verizon Wireless ( "Tenant "), with its address for notice located at 180 Washington Valley Road, Bedminster, New Jersey 07921. Landlord and Tenant originally entered into a Site Lease Agreement dated February 14, 2000, ( "Agreement ") for certain real property located at 7470 4th Avenue, in the City of Lino Lakes, County of Anoka, State of Minnesota, within the property of Landlord and being further described as shown on Exhibit "A -1" attached hereto and made a part hereof together with a right of access and to install and maintain utilities. The term of the Agreement, as amended, is for an initial term of five (5) years commencing as provided for in the Agreement, which term is subject to Tenant's rights to extend the term of the Agreement for three (3) terms of five (5) years each, and successive five (5) year automatic renewal terms thereafter. The Amendment provides for additional Leased Premises and automatic renewal terms under stated conditions, after all other renewal terms have expired. Signatures on following page The remainder of this page intentionally left blank MINC Lino Lakes Memorandum of Amendment No.1 to Site Lease Agreement 1029111v2 1 to IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum as of the day and year written below. Landlord: Tenant: City of Lino Lakes, Verizon Wireless (VAW) LLC a Minnesota municipal corporation d/b /a Verizon Wireless By: By: Name: Name: Beth Ann Drohan Its: Mayor Its: Midwest Area Vice President - Network By: Name: Its: City Administrator Date: Date: Acknowledgments on following page The remainder of this page intentionally left blank MINC Lino Lakes Memorandum of Amendment No.1 to Site Lease Agreement 1029111v2 • • • STATE OF MINNESOTA COUNTY OF ANOKA Landlord ACKNOWLEDGMENT ) SS. This instrument was acknowledged before me on , 2007, by and , the Mayor and the City Administrator of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the City. Signature of Person Taking Acknowledgment Tenant ACKNOWLEDGMENT STATE OF INDIANA ) ) SS. COUNTY OF HAMILTON ) On this day of , 200, before me, the undersigned, a Notary Public in and for the State of Indiana, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Midwest Area Vice President - Network of Verizon Wireless (VAW) LLC d /b /a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d /b /a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Indiana My appointment expires: MINC Lino Lakes Memorandum of Amendment No.1 to Site Lease Agreement 1029111 v2 3 • • Exhibit "A -1" (Property Legal Description) Page 1 of 1 Outlot C, Apollo Business Park, Anoka County, Minnesota. MINC Lino Lakes Memorandum of Amendment No.1 to Site Lease Agreement 1029111v2