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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 -1- 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 -2- 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: _____________________________