!.! J RESOLUTION NO. 1212

Transcription

1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASlllNGTON, AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE CITY'S LEASE AGREEMENT WITH AT&T WIRELESS The City Council of the City of Bonney Lake, Washington, does hereby resolve that the Mayor is authorized to sign the amendment attached hereto and incorporated herein by this reference. PASSED by the City Council this 27 TH day of April 2004.!.! J ATTEST: Jamkn"lonne, City Attorney

2 Cell Site No. TA14 Bonney Lake SECOND AMENDMENT TO TOWER LEASE AGREEMENT THIS SECOND AMENDMENT TO TOWER LEASE ("Amendment") dated as of the dates below, is by and between The City of Bonney Lake (hereinafter referred to as "Landlord") and AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, having a mailing address ofp o Box 2088, Rancho Cordova CA (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant entered into a Tower Lease Agreement dated May 31, 1995, as amended in the First Amendment to Tower Lease Agreement, dated July 12,2001, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at Old Buckley Highway, Bonney Lake, W A ("Lease"); and WHEREAS, Landlord and Tenant desire to amend the Agreement to allow for the installation of additional antennas, associated cables and other communications instruments; and WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications to the Lease contained herein and to modify the rental escalation from cpr to a fixed percentage increase; and WHEREAS, Landlord and Tenant desire to amend the Lease to permit Tenant to comply with new federal laws regarding the provision of enhanced Emergency 911 Services from mobile phones by allowing the installation of additional antennas and associated cables and equipment; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the Tenant's notice address; and accordingly. WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Additional Antennas. Landlord consents to the installation and operation of additional antennas, associated cables and equipment as more completely described on attached Exhibit B-l a. Landlord's execution of this Amendment will signify Landlord's approval of Exhibits B-la, B-2a and C-l. Exhibits B-la, B-2a and C-I hereby replace Exhibits B-1, B-2 and C to the First Amendment. 2. Rent. Effective October 1,2004, Rent shall be increased by Fifty and No/lOO Dollars ($50.00) per month, subject to adjustments as provided in the Lease. Beginning on October I, 2004, and at the beginning of each Renewal Term, the annual rental rate will be increased by fifteen percent (15%) per Term. 3. Notices. Section 13 of the Lease is hereby amended as follows: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the patiies as follows. As to Landlord, to: The City of Bonney Lake POBox 7380 Bonney Lake W A Attn: Finance Director Federal Tax 10 #

3 Cell Site No. TA14 Bonney Lake As to Tenant, to: AT&T Wireless Lease Administration c/o Wireless Asset Management PO Box 2088 Rancho Cordova, CA Re: AWS Cell Site # TA14 Bonney Lake with a copy to: AT&T Wireless th Avenue NE Redmond W A Attn.: Legal Department Re: A WS Cell Site # T A 14 Bonney Lake Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 4. Emergency 911 Service. Without the payment of additional rent, Landlord agrees that Tenant will be permitted to install additional Emergency 911 Service antennas and associated cables and equipment in the future at a location mutually acceptable to Landlord and Tenant. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, remains in full force and effect and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. the Lease. 6. Capitalized Terms. All capitalized terms used herein shall have the same meanings as defined in IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set f01ih below. LANDLORD: CITY OF BONN By: Name: Title: Date: TENANT: AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/b/a AT&T Wireless

4 Cell Site No. TA14 Bonney Lake EXHIBIT B-la To the Second Amendment to Tower Lease Agreement between The City of Bonney Lake ("Landlord") and AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless dated day of,2004. The location and orientation of Tenant's space on the Tower is more particularly described or depicted as follows: EX!&Tft.t:i AWS z G5M CM>I1 AHt'EhNA (UP), to ee Ji MOVED. ToNoTE4 TD. OF TOIlER EX!&TfNU c:t'tii!.antet+la (UP) MCUiTEO TO Tou.E LEU F LOCATE EXl T TOHAot-t-l! ANl'EJo.NA(UP) AWe. :t G6H PANEL TYP. OF '2 FER SECTOR AUe G5M PANEL ANTE1flA, T'fP. Of' l PER SECTOR. FS'ER TO f<h>i FOR DETA! AND FOR t1oi.ntlngo OETAIL& EXI&THci Iee'-D" SELF 5OF'PORT ToueR EXI&TING FOl..ICE 6TATION Al-4D PfFIE STATleN eulld EXl6TINC# AIL6 6" CA5LE CCltOJrr,...JS='-----===i l--""'=:;oz--n-----== r:::: ED S OU T I-lWE ST e L e va T, ON t:d EX'.,,,,, LLLd

5 Cell Site No. TA14 Bonney Lake Exhibit B-2a To the Second Amendment to Tower Lease Agreement between The City of Bonney Lake ("Landlord") and AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless dated day of,2004. The location of the Premises (including easements) within the Property is more particularly describd or depicted as follows: '0 ;J 7: := EXI&T 1F1Ee, TYP. ),e EXISTING VE ICl...E &T."..,., i LL&!! L tW? _1,.;, y I I L ==N&&'&4'er! W =..J : !>' 'ti L J i d l..: I : ",. EXIf>T1N6 6OU.AF1D 1:><16TIOO CATCH 6A&1N EXI&TINI::o LIGn' 6TANO EXl&Tft.ki FOi.LER YAlJLT EXISTING TEl.EF'HCINE eo>< EXISTINCt 6TCR1 M EXI&TINo1> TAINIHo::i IJ..I.6L.L EXlflTtNG F'ENCE LIJ>.l: EXISTING EvS 1lEE(Df' prr>

6 Cell Site No. TA14 Bonney Lake Exhibit C-l To the Second Amendment to Tower Lease Agreement between The City of Bonney Lake ("Landlord") and AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless dated day of, Buildings and other Improvements on the Property CD COMPOUND LAYOUT b-u j

7 APR () AT&T Wireless March 25, 2004 po. Box Redmond, WA City of Bonney Lake Attn: Gary Leaf P.O. Box 7380 Bonney Lake, WA VIA CERTIFIED MAIL Re: Tower Lease Agreement between the City of Bonney Lake ("Landlord") and AT&T Wireless Services of Washington, Inc. (,'Tenant") for the Premises located at Old Buckley Highway, Bonney Lake, Washington AT&T Site ID: TA14, Bonney Lake Dear Gary: Enclosed please find four (4) original Second Amendment to Tower Lease Agreements (Second Amendment) executed by AT&T Wireless Services for final approval and execution by the City of Bonney Lake. Please return two (2) fully executed originals to me at the following address when complete. Sherri Bateman VelociTel, Inc SE 38 th Street Suite 130 Bellevue, WA Once again, thank you so much for your attention to this very important matter. If you have any questions, comments or concerns, please do not hesitate to call me anytime at (425) or via at [email protected]. Sincerely, VELOCITEL, INC. Consultant to AT&T Wireless Services Sherri Bateman Program Manager Enclosures :: ' Recycled Paper

8 City of Bonney Lake, Washington Council Agenda Bill (C.A.B.) Approval Form DenartmenUStaff Contact: Council Meeting Date: Agenda Item Number Gary Leaf, Asst PW Director April 27, 2004 AB04-02 Ordinance Number: Resolution Number: Councilmember Snonsor: 1212 BUDGET INFORMATON 2004 Budget Amount Reguired EX)2enditure Im)2act Remaining Balance N/A N/A N/A N/A EX)2lanation: Increased lease revenues from $10,997 to $13,247 in Agenda Subject: A resolution of the City Council of the City of Bonney Lake, Pierce County, Washington, authorizing approval to sign an amendment to the lease agreement with AT&T Wireless. Administrative Recommendation: Recommend to the City Council to approve authorizing the Mayor to sign the contract. Background Summary: Since 1995 the City has leased space to AT&T wireless behind the Public Safety Building for a cell tower. The lease was modified in AT&T recently requested a little more air space to install some more equipment. Public Works negotiated an increase in the rent by $50 per month beginning in 2004 (payments are made in annual lump sum payments in October of each year). Public Works also recommends that periodic fixed increases in rent would be easier for both parties to administer than an annual CPI adjustment. This concept was used in last year's lease agreement with Cingular Wireless. AT&T is willing to adjust the 2004 lease payment by 15% in addition to the $50 monthly increase. Public Works proposes that the annual rent increase from $10,997 currently to $13,247 in 2004, an increase of $2,250 or 20.5%. The rent would stay the same until 2009 at which time it will increase 15%, and so on until the agreement expires. The char e for on-site ower will remain at $150 er month. Council Committee Dates: Finance Committee: 4113/04 Agency/Commission Dates: Planning Agency : Board/Hearing Examiner Dates: Park Board: Public Safety Committee: Community Development & Planning Committee: Council Workshop: Design Commission: Civil Service Commission: Hearing Examiner: Council Action' Council Call for Hearing: Council Hearings Date: Council Referred Back to: Council Tabled Until: Workshop: Council Meeting Dates: Committee Date City Attorney reviewed Standard Contract

9 FINANCE COMMITTEE DATE: April 13, 2004 ORIGINA TOR: Gary Leaf TITLE: Assistant Public Works Director SUBJECT: Revisions to the AT&T Cell Tower Lease ORDINANCEIRESOLUTION: Resolution # 1212 REQUEST OR RECOMMENDATION BY ORIGINATOR: Since 1995 the City has leased space to AT&T wireless behind the Public Safety Building for a cell tower. The lease was modified in AT&T recently requested a little more air space to install some more equipment. Public Works negotiated an increase in the rent by $50 per month beginning in 2004 (payments are made in annual lump sum payments in October of each year). Public Works also recommends that periodic fixed increases in rent would be easier for both parties to administer than an annual cpr adjustment. This concept was used in last year's lease agreement with Cingular Wireless. AT&T is willing to adjust the 2004 lease payment by 15% in addition to the $50 monthly increase. Public Works proposes that the annual rent increase from $10,997 currently to $13,247 in 2004, an increase of $2,250 or 20.5%. The rent would stay the same until 2009 at which time it will increase 15%, and so on until the agreement expires. The charge for on-site power will remain at $150 per month. ISSUE AND DOCUMENTS HAVE BEEN REVIEWED AND APPROVED BY THE: MAYOR FINANCE DIRECTOR CITY ATTORNEY BUDGETED ITEM: No BUDGET INFORMATION TOTAL COST: None. (Note: If budgeted item, attach copy of budget page and identify) COMMITTEE ACTION: RECOMMEND APPROVAL TO COUNCIL DISAPPROVED Dan Swatman, Chair, Finance Jim Rackley, Chair, CDC! i; ' Public Safety COMMITTEE COMMENTS: COMMITTEE'S RECOMMENDATION TO FORWARD TO: CITY CLERK FINANCE DIRECTOR CITY ATTORNEY Please schedule for City Council Meeting date of: April 27, 2004 m:\everyone\finance committee\form template.doc

10 Cell Site No. T A14 Bonney Lake SECOND AMENDMENT TO TOWER LEASE AGREEMENT THIS SECOND AMENDMENT TO TOWER LEASE ("Amendment") dated as of the dates below, is by and between The City of Bonney Lake (hereinafter referred to as "Landlord") and AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, having a mailing address ofp o Box 2088, Rancho Cordova CA (hereinafter referred to as ''Tenant''). WHEREAS, Landlord and Tenant entered into a Tower Lease Agreement dated May 31, 1995, as amended in the First Amendment to Tower Lease Agreement, dated July 12,2001, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at Old Buckley Highway, Bonney Lake, W A ("Lease"); and WHEREAS, Landlord and Tenant desire to amend the Agreement to allow for the installation of additional antennas, associated cables and other communications instruments; and WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications to the Lease contained herein and to modify the rental escalation from CPI to a fixed percentage increase; and WHEREAS, Landlord and Tenant desire to amend the Lease to permit Tenant to comply with new federal laws regarding the provision of enhanced Emergency 911 Services from mobile phones by allowing the installation of additional antennas and associated cables and equipment; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the Tenant's notice address; and accordingly. WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Additional Antennas. Landlord consents to the installation and operation of additional antennas, associated cables and equipment as more completely described on attached Exhibit B-la. Landlord's execution of this Amendment will signify Landlord's approval of Exhibits B-la, B-2a and C-l. Exhibits B-la, B-2a and C-l hereby replace Exhibits B-1, B-2 and C to the First Amendment. 2. Rent. Effective October 1,2004, Rent shall be increased by Fifty and No/IOO Dollars ($50.00) per month, subject to adjustments as provided in the Lease. Beginning on October 1,2004, and at the beginning of each Renewal Term, the annual rental rate will be increased by fifteen percent (15%) per Term. 3. Notices. Section 13 of the Lease is hereby amended as follows: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. As to Landlord, to: The City of Bonney Lake POBox 7380 Bonney Lake W A Attn: Finance Director Federal Tax ID #

11 Cell Site No. TA14 Bonney Lake As to Tenant, to: AT&T Wireless Lease Administration c/o Wireless Asset Management POBox 2088 Rancho Cordova, CA Re: AWS Cell Site # TA14 Bonney Lake with a copy to: AT&T Wireless th Avenue NE Redmond W A Attn.: Legal Department Re: AWS Cell Site # TA14 Bonney Lake Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 4. Emergency 911 Service. Without the payment of additional rent, Landlord agrees that Tenant will be permitted to install additional Emergency 911 Service antennas and associated cables and equipment in the future at a location mutually acceptable to Landlord and Tenant. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, remains in full force and effect and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. the Lease. 6. Capitalized Terms. All capitalized terms used herein shall have the same meanings as defined in IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below. LANDLORD: CITY OF BONNEY LAKE By: Name: Title: Date: TENANT: AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/b/a AT&T Wireless

12 City Hall "The city of Bonney Lake's mission is to protect the community's livable identity and scenic beauty through responsible growth planning and by providing accountable, accessible and efficient local government services. " April 29, 2004 Sherri Bateman VelociTel, Inc SE 38 th St, Suite 130 Bellevue, W A Ms. Bateman, Enclosed please find two fully executed original Tower Lease Agreements between the City of Bonney Lake and AT&T Wireless Services of Washington, Inc. per your request. Thank you. City of Bonney Lake Mail to: P.O. Box Bonney Lake Blvd. (253) Fax (253) Bonney Lake, WA

13 City Council Minutes Page 6 April 27, 2004 IV. MINUTES 1/\3621- A. Approval Of Meeting Minutes: March 16 Workshop and March 23 Council Meeting. Councilmember DeLeo moved to approve the minutes as presented. Councilmember Rackley seconded the motion. Motion approved 7 - O. V. VOUCHERS AND PAYROLL: A. Vouchers - City Clerk Edvalson read the claims and payroll as follows: Claims: Accounts payable checks/voucher #37127 thru 37242, and wire transfer # in the amount of$236, Payroll: Payroll for April 1-15, 2004 for checks , including Deposits and Electronic Transfers in the amount of $197, Councilmember Johnson moved approval of the claims and payroll as read. Councilmember Noble seconded the motion. Motion approved 7 - O. VI. FINANCE COMMITTEE ISSUES: A. AB Resolution A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign An Amendment To The City's Lease Agreement With AT&T Wireless. 1i\3.LU3j Councilmember Rackley moved to approve Resolution Councilmember King seconded the motion. Deputy Mayor Swatman explained that this agreement allowed for the addition of some antennas to the existing tower. Dan Decker, th St. E., asked for a brief description of the project's location and the benefit to the City. Mayor Young explained that the tower was an existing one located behind the Public Safety Building and bring an increase of approximately $2,250 to the City. Motion approved 7 - O.