HomeMy WebLinkAbout#10 - T-Mobile Lease Extension STAFF REPORT
DATE: 1/21/2025
Consent Agenda
TO: City Council
FROM: Jason Stopa, Community Development Director
AGENDA ITEM: Approve the Lease Extension at 3303 Langly Ct N with T-Mobile Central, LLC
REVIEWED BY: Marty Powers, Public Works Director
Nicole Miller, City Administrator
BACKGROUND:
T-Mobile Central, LLC lease space on the existing City-owned water tower at 3303 Langly Ct N. Their
lease is set to expire this year, and the City plans to demolish the water tower in 2025. The licensee
would like to extend the lease for 3 months on the water tower while they plan to construct a temporary
tower at the site.
ANALYSIS:
The current water tower has T-Mobile equipment that is essential for area coverage. The licensee is
seeking a 3-month lease to remain on the water tower.
ISSUE BEFORE COUNCIL: Should the city approve the lease extension for cellular equipment on the
water tower with T-Mobile Central, LLC?
FISCAL IMPACT: The City will receive a $5,616 one-time payment for 3 months.
OPTIONS:
• Approve the Lease extension
• Deny the Lease extension
• Amend the Lease extension
• Table for further information
RECOMMENDATION:
“Motion to approve the Lease Extension at 3303 Langly Ct N with T-Mobile Central, LLC”
ATTACHMENTS:
• Original Lease
• Amendment
Site ID: A1N0510A
Market: MWR-MN
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FIRST AMENDMENT TO SITE AGREEMENT
This First Amendment to Site Agreement (“Amendment”) is made effective as of the
date last signed below (“Effective Date”) by and between T-Mobile Central, LLC, successor-in-
interest to APT Minneapolis, Inc. (“APT or Tenant”), and City of Lake Elmo (“Owner”).
Owner and Tenant are collectively referred to herein as the “Parties.”
RECITALS
WHEREAS, Owner’s and Tenant’s predecessors in interest entered into that certain Site
Agreement effective March 21, 2000, (collectively, the “Agreement”), pursuant to which Tenant
is leasing space for a telecommunications facility at 3303 Langley Court (as more fully described
in the Agreement, the “Leased Premises”). Tenant and Owner now wish to further amend the
Agreement as set forth below.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. The foregoing Recitals are expressly made a part of this Amendment and are
incorporated herein by this reference. All capitalized terms used but not defined herein shall
have the same meaning as in the Agreement.
2. The term of the Agreement is hereby extended to midnight on December 31, 2024
(the “Current Term”), and Tenant shall have the right to extend this Agreement for three (3)
months (the “Renewal Term”), respectively, on the same terms and conditions as set forth in the
Agreement except as amended. The Agreement shall automatically renew for the Renewal
Term. Prior to the expiration of the Renewal Term, Tenant shall remove its antennas, radios,
TMAs and cables from the water tank. Tenant’s ground equipment shall remain in place during
the Renewal Term.
3. Rent for the Renewal Term shall be a one-time fee of Five Thousand Six Hundred
Sixteen Dollars ($5,616.00). Rent for the Renewal Term shall be paid within 30 days of the
Effective Date.
4. Tenant’s addresses for notice purposes are hereby replaced with the following:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/Site No. A1N0510A
5. Each person signing this Amendment on behalf of Owner or Tenant represents
that he or she is duly authorized to sign this Amendment and to bind the Party on behalf of which
Site ID: A1N0510A
Market: MWR-MN
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such person is signing. If there is a conflict between the Agreement and this Amendment, this
Amendment shall prevail.
6. Owner warrants and represents that the consent or approval of no third party,
including, without limitation, a lender, is required with respect to Owner’s execution of this First
Amendment, or if any such third party consent or approval is required, Owner has obtained any
and all such consents or approvals.
7. The Agreement remains in full force and effect as amended by this Amendment
and is hereby ratified and confirmed by the Parties.
8. This Amendment may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute a single instrument. Signed facsimile
and electronic copies of this Amendment shall legally bind the parties to the same extent as original
documents.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by their duly authorized representatives as of the date first written above.
Tenant:
T-Mobile Central, LLC
By: ________________________________
Name: _____________________
Title: ____________________________
Owner:
City of Lake Elmo
By: ______________________________
Name: ____________________________
Title: _____________________________