HomeMy WebLinkAboutOrdinance 2409 N.C.S. 07/11/2011EFFECTIVE DATE
OF ORDINANCE
August 10, 2011
ORDINANCE NO. 2409 N.C.S
1 Introduced by Seconded by
2
3 Gabe Kearney Mike Healy
4
5 APPROVING FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT WITHIN THE CITY
6 OF PETALUMA DATED OCTOBER 22, 1991 AND AT&T MOBILITY WIRELESS OPERATIONS
7 HOLDINGS, INC., SUCCESSOR IN INTEREST TO CAGAL CELLULAR COMMUNICATIONS
8 CORPORATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO
9 EFFECT FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT
WHEREAS, Certain real property located in the City of Petaluma was leased under the
terms and conditions set forth in the Option and Site Lease Agreement dated October 22, 1991,
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 Cagal Cellular Communications Corp. ("the
Agreement"), a copy of which is attached as Exhibit A and incorporated herein by reference;
and,
WHEREAS, AT&T Mobility Wireless Operations Holdings, Inc., a Delaware limited liability
company is the successor in interest to Cagal Cellular Communications Corp., a California
corporation, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004;
and,
WHEREAS, Landlord and AT&T Mobility Wireless Operations Holdings, Inc. ("Tenant") desire
to enter into a First Amendment to Option and Site Lease Agreement ("First Amendment") to
increase the size of the Premises, allow for the installation of additional antennas, associated
cables and other communications instruments, adjust compensation and make other
modifications as described in the First Amendment attached hereto as Exhibit A and
incorporated herein.
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 Option and Site Lease
Agreement attached hereto as Exhibit A and all documents required to effect the First
Amendment.
Section 2.
The City Clerk hereby is directed to publish this ordinance for the period and in the manner
required by the City Charter.
Ordinance No. 2409 N.C.S. Page 1
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INTRODUCED and ordered posted this 20th day of June, 2011.
ADOPTED this 1 l th day of June 2011 by the following vote:
Ayes:
Albertson, Barrett, Harris, Vice Mayor Healy, Kearney, Ren6e
Noes:
None
Abstain:
Mayor Glass
Absent:
None
Mayor
ATTEST: APPROVED AS TO FORM:
0 1, a
City Clerk
Assistant City Attorney
Ordinance No. 2409 N.C.S.
Page 2
EXHIBIT A TO ORDINANCE 2409 N.C.S.
Market: Northern California
Cell Site Number: SF0308
Cell Site Name: Downtown Petaluma
Fixed Asset Number: 10093951
FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO OPTION AND SITE LICENSE AGREEMENT ("Amendment"), dated
as of the latter of the signature dates below, is 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 AT&T Mobility Wireless Operations Holdings Inc., a Delaware corporation,
successor in interest to Cagal Cellular Communications Corp., a California corporation, having a
mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant").
WHEREAS, Landlord and Tenant entered into an Option and Site Lease Agreement dated
October 22 1991, whereby Landlord leased to Tenant certain Premises, therein described, that
are a portion of the Property located at 601 Hayes Ave., Petaluma, CA 94952 ("Agreement");
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 amend the Agreement to increase the size of
the Premises; and
WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the
modifications to the Agreement contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice
section thereof; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add,
modify and/or replace equipment in order to be in compliance with any current or future
federal, state or local mandated application, including but not limited to emergency 911
communication services; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as
set forth below accordingly.
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. In addition to the other antennas permitted in the Agreement, Landlord
consents to the installation and operation of additional antennas, associated cables and
equipment as more completely described on attached Exhibit B-1. Landlord's execution of this
Ordinance No. 2409 N.C.S. Page 3
29
Amendment will signify Landlord's approval of Exhibit B-1. Exhibit B-1 hereby amends Exhibit B to
the Agreement.
2. Lease of Premises. Landlord agrees to increase the size of the Premises leased to Tenant to
accommodate Tenant's needs. Upon the execution of this Amendment, Landlord leases to
Tenant the Premises as more completely described on attached Exhibit B-1. Landlord's
execution of this Amendment will signify Landlord's approval of Exhibit B-1. Exhibit B-1 hereby
amends Exhibit B to the Agreement.
3. Rent. Commencing on the first day of the month following the date that Tenant commences
construction of the modifications set forth in this Amendment, Rent shall be increased by One
Thousand and No/ 100 Dollars ($1,000.00) per month, in addition to monthly rent payable under
the terms of the Agreement prior to this Amendment, subject to further adjustments as provided
in the Agreement. Upon Tenant's removal of additional antennas, associated cables and other
communication instruments installed under this first amendment Rent will revert to the original
rate, subject to adjustments as provided in the Agreement, upon thirty (30) days' prior written
notice to Landlord. Removal of any antenna, associated cable and other communication
instruments on the Premises shall comply with all conditions of Conditional Use Permit #11 O -CUP -
0003
10 -CUP -
0003 pertaining to removal.
4. Notices. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the
following:
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.
If to LANDLORD: City of Petaluma
If to TENANT:
AT&T Mobility Wireless Operations
Holdings Inc.
Office of the City
Attn: Network Real Estate
Clerk
Administration
PO Box 61
Re: Cell Site # SF0308
Petaluma, CA
Cell Site Name: Downtown
94952
Petaluma
Fixed Asset #: 10093951
12555 Cingular Way, Suite 1300
Alpharetta, GA 30004
With copy to:
AT&T Mobility Wireless Operations
Holdings Inc.
Attn: Legal Department
Re: Cell Site # SF0308
Cell Site Name: Downtown
Petaluma
Fixed Asset #: 10093951
(U.S. Mail)
P.O. Box 97061
Redmond, WA 98073-9761
(overnight
16331 NE 72nd Way, RTCI
courier)
Redmond, WA 98052
Ordinance No. 2409 N.C.S.
Page 4
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The copy sent to the Legal Department is an administrative step that alone does not constitute
legal notice. 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.
5. Emergency 911 Service. In the future, without the payment of additional rent and within the
lease area at a location mutually acceptable to Landlord and Tenant, Landlord agrees that
Tenant may add, modify and/or replace equipment in order to be in compliance with any
current or future federal, state or local mandated application, including but not limited to
emergency 911 communication services. Any addition, modification or replacement of
equipment pursuant to this section shall comply with all applicable City law and regulation,
including but not limited to conditional use permit review.
6. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice
from the other, execute, acknowledge and deliver to the other a recordable Memorandum of
Lease substantially in the form of the Exhibit C. Either party may record this memorandum at any
time, in its absolute discretion.
7. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly
set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force
and effect. Each reference in the Agreement to itself shall be deemed also to refer to this
Amendment.
8. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date
written below.
LANDLORD:
The City of Petaluma
a municipal corporation
By:
Print Name: John C. Brown
Its: City Manager
Date:
ATTEST:
Bv:
Print Name: Claire Cooper
Its: City Clerk
Date:
TENANT:
AT&T Mobility Wireless Operations Holdings
Inc.
Successor in interest to Cagal Cellular
Communications Corp.
By:
Print Name:
Its:
Date:
Ordinance No. 2409 N.C.S.
Page 5
APPROVED AS TO FORM:
Bv:
Print Name: Eric W. Danly
Its: City Attorney
Date:
APPROVED:
By:
Print Name: Pamela Tuft
Its: Interim Director of Water Resources
Date:
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APPROVED:
Bv:
Print Name: Ronald Blanquie
Its: Risk Manager
Date:
APPROVED:
Bv:
Print Name: Susan Mahoney
Its: Interim Finance Director
Date:
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Ordinance No. 2409 N.C.S.
Page 6
Exhibit 13-1
DESCRIPTION OF PREMISES
Page of
to the First Amendment to Option and Lease Agreement dated , 2011, by
and between the City of Petaluma, as Landlord, and AT&T Mobility Wireless Operations Holdings
Inc., as Tenant.
The Premises are described and/or depicted as follows:
Property Legal Description:
Lease Area Sketch or Survey:
Ordinance No. 2409 N.C.S. Page 7
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