HomeMy WebLinkAboutOrdinance 2498 N.C.S. 06/16/20141
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EFFECTIVE DATE ORDINANCE NO.2498 N.C.S.
OF ORDINANCE
July 17, 2014
Introduced by Seconded by
Teresa Barrett Kathy Miller
ORDINANCE APPROVING FIRST AMENDMENT TO THE SITE LEASE AGREEMENT BETWEEN THE
CITY OF PETALUMA AND SIRIUS XM SATELLITE RADIO INC., fka XM SATELLITE RADIO INC.,
DATED FEBRUARY 20, 2001 AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS TO EFFECT FIRST AMENDMENT TO THE SITE LEASE AGREEMENT
WHEREAS, Certain real property located in the City of Petaluma was leased under the
terms and conditions set forth in the Site Lease Agreement ("the Agreement") dated February
20, 2001, by and between the City of Petaluma a municipal corporation, having a mailing
address of P O Box 61, Petaluma, CA 94953-0061 ("Landlord") and XM Satellite Radio Inc.
("Tenant"), a copy of which is attached as Attachment 3 and incorporated herein by reference;
and
WHEREAS, Sirius XM Satellite Radio Inc., having a mailing address of 1221 Avenue of the
Americas, 37th Floor, New York, NY 10020, was formerly known as XM Satellite Radio Inc.; and
WHEREAS, Landlord and Sirius XM Satellite Radio Inc., fka XM Satellite Radio Inc., desire to
enter into a First Amendment to Site Lease Agreement ("First Amendment") to allow for the
installation of additional antennas, associated cabinets and cables, and other communications
instruments, and provide for up to four automatic five-year renewals as described in the First
Amendment attached hereto as Exhibit A and incorporated herein; and
WHEREAS, the installation of additional communications instruments pursuant to the First
Amendment is categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to section 15301 of the CEQA Guidelines as operation repair, maintenance, leasing
and minor alteration of existing public and private structures, facilities and mechanical
equipment involving negligible expansion of use beyond that now existing on the City property
at 601 Hayes Lane.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1.
The City Manager is hereby authorized to execute the First Amendment to the Site Lease
Agreement attached hereto as Exhibit A and all documents required to affect the First
Amendment.
Ordinance No. 2498 N.C.S.
Page 1
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Section 2.
The City Clerk hereby is directed to publish this ordinance for the period and in the manner
required by the City Charter.
INTRODUCED and ordered posted this 2nd day of June, 2014.
ADOPTED this 161h day of June, 2014 by the following vote:
Ayes:
Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller
Noes:
None
Abstain:
None
Absent:
Albertson
ATTEST:
Claire Cooper, CMC, City Clerk
avid Glass, Mayor
APPRO�ED AS TO
i�
Eric W. Donly, City A
Ordinance No. 2498 N.C.S.
Page 2
Exhibit A
Site ID:SFX2058
FIRST AMENDMENT TO SITE LEASE AGREEMENT
This FIRST AMENDMENT TO SITE LEASE AGREEMENT ("First Amendment") is made
this day of 201_, by and between SIRIUS XM Radio Inc. fka XM
Satellite Radio Inc, ("Lessee"), with a mailing address of 1221 Avenue of the Americas, 37th Floor,
New York, NY 10020, and City of Petaluma, a municipal corporation, ("Lessor").
WITNESSETH:
WHEREAS, Lessor and Lessee previously entered into that certain Site Lease Agreement
dated February 20, 2001, (the "Agreement"); under and pursuant to the terms of which Lessee has
the right to install, maintain, operate, repair, replace and remove the equipment at that certain
building situated at 601 Hayes Lane, Petaluma, Ca. 94952 ("Building"), as more particularly
described in the Agreement; and
WHEREAS, Lessee desires to install additional equipment at the Building and Lessor has
agreed to allow such installation subject to obtaining a Conditional Use Permit and SPAR
amendment for the proposed equipment from the City of Petaluma Planning Division subject.
WHEREAS, Lessor and Lessee desire to extend the Term of the Agreement and further
amend the Agreement upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt
and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Term. Paragraph 4 of the Agreement is hereby amended to provide that upon the
expiration of the last Extension Term, the Agreement shall automatically renew for up to four (4)
additional five (5) year terms (each an "Additional Extension Term"), upon the same terms and
conditions as set forth in this Agreement unless Lessee notifies Lessor in writing of Lessee's
intention not to renew this Agreement at least sixty (60) days prior to expiration of the then current
Extension Term or Additional Extension Term. Upon the expiration, cancellation or termination of
this Agreement, Lessee shall surrender the Premises to Lessor in sound condition, ordinary wear
and tear and uninsured casualty excepted, however if Lessee shall remain in possession of the
Premises beyond the expiration, cancellation or termination of this Agreement for up to 6 months.
Such use shall be deemed a month -to -month use and the Lessee shall pay the sum of $500 in
addition to the monthly Lease Fee in effect at the expiration of this Agreement.
2. Lessee Equipment. Lessor hereby agrees that Lessee shall have the right to
install additional Equipment at the Building as listed and attached within "Exhibit C" to this
Amendment ("Additional Equipment"), therefore Exhibit C is attached hereto which reflects a
consolidated list of Lessee Equipment and Additional Equipment.
Ordinance No. 2498 N.C.S. Page 3
Site I0:SFX205B
3. Notice, The Agreement is hereby amended to provide that a copy of all notices sent to
any party pursuant to Paragraph 19(c) of the Agreement shall be sent to the following addresses:
Lessor: City of Petaluma
11 English Street
P.O. Box 61 .
Petaluma, CA 94953-0061
To Lessee: SIRIUS XM Radio Inc.
1221 Avenue of the Americas 371h Floor
New York, NY 10020
Attn: General Counsel
With a copy to: SIRIUS XM Radio Inc..
1500 Eckington Place NE
Washington,:DC 20002
Attn: Lease Administration
4. Unless otherwise defined herein, or the context otherwise clearly requires, terms defined
in the Agreement shall have such meanings when used herein.
5. Lessor and Lessee agree that all other terms and conditions of the Agreement not
otherwise inconsistent with this First Amendment shall remain in full force and effect by and
between the parties.
6. Each of the parties represent and warrant that they have the right, power, legal capacity
and authority to enter into and perform their respective obligations under this First Amendment.
7. This First Amendment will be binding on and inure to the benefit of the parties herein,
their heirs, executors, administrators, successors -in -interest and*assigns.
8. Effect of Amendment. Except as set forth herein, the remaining terms and condition of
the Agreement are unaffected hereby and by their assent hereto, the parties hereby ratify and
confirm the same. The parties affirm that this Amendment sets forth the entire agreement of the
parties with respect to the subject matter hereof and all verbal or written agreements to the
contrary are hereby superseded and shall be of no force and effect. In the event of any conflict
between the terms and conditions of this Amendment and the terms and conditions of the
Agreement, the terms and conditions of this Amendment shall control to the extent of any such
conflict.
Ordinance No. 2498 N.C.S.
Page 4
Site ID:SFX2050
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day
and year first written above.
CITY OF PETALUMA SIRIUS XM Radio Inc.
a Delaware corporation%J G
Title: Title: V,nSSo&Lc�G Cetnbrd-C'71'uwXa
Date: Dater I S 2oi3
Ordinance No. 2498 N.C.S. Page 5
Exhibit C
Site ID: SFX205B
EXHIBIT C
Lessee Equipment
Current Lessee Equipment
One (1) Til-Tek TA-2304-2-DAB(90) antenna
One (1) Til-Tek TA-2324-LHCP
One (1) Hughes HNS XM200/STD cabinet *to be replaced by cabinet below'
Additional Equipment to be added by Lessee
One (1) Til-Tek TA-2304-2-DAB(90) antenna
One (1) VSAT dish up to 1.8 meters
One (1) DRU 200W cabinet
One (1) 3 inch GPS
Lessee shall have the ability to replace the antennas for maintenance purposes with any model
antenna of the same or lesser size.
Ordinance No. 2498 N.C.S. Page 6