HomeMy WebLinkAboutContracts & Agreements_32-2016 FIRST AMENDMENT TO WIRELESS SERVICE FACILITY LAND
LEASE AGREEMENT
This First Amendment to the Wireless Service Facility Land Lease Agreement ("First
Amendment") to the Wireless Service Facility Land Lease Agreement dated November 2, 2002,
(the "Lease") by and between the City of Redlands, a municipal corporation ("Landlord"), and
T-Mobile West Tower LLC, a Delaware limited liability company, by and through CCTMO
LLC, a Delaware limited liability company, its attorney in fact ("Tenant"), is made and entered
into this l 6th day of February, 2016.
RECITALS
WHEREAS, it is the desire of Landlord and Tenant to extend the Lease twenty-five (25)
years in five (5) additional automatically renewing five (5) year terms, thereby extending the
current lease expiration date from December 1.9, 2022, to December 19, 2047, and
correspondingly adjust Tenant's rental payment, Landlord and Tenant hereby agree as follows:
AGREEMENT
Section 1. Section 2(A) of the Lease is deleted in its entirety. Section 2(13) of the
Lease, is hereby replaced to read as follows:
"The new term of this Lease shall be as is now set forth herein.
The "Commencement Date" for purposes of the term of the "Post
CUP" Lease is _December 10, 2002 and shall be for a period of
five (5) years from that date. Rental payments commencing on the
Commencement Date will be due at an annual rate of Twenty-Five
Thousand and 00/100 Dollars ($25,000.00) to be paid in total on
the Commencement Date, and on the anniversary of
Commencement Date thereafter, to the City of Redlands or to such
person, firm or place as the Landlord, may from time to time
designate by written notice to delivered to Tenant. Commencing
on the Commencement Date in 2016, Tenant shall pay Rent at an
annual rate of$36,062.52 paid to Landlord in equal payments on
the first day of each month. This amount includes the rent increase
noted in Section 4. This Lease shall automatically be extended for
eight (8) additional five (5) year terms unless either party
terminates it at the end of the then current term by giving written
notice of the intent to terminate at least six (6) months prior to the
end of the then current term or unless terminated as otherwise
provided herein in this Lease. Commencing on the
Commencement Date in 2017, Rent will increase every year on the
anniversary of the "Commencement Date" by three percent (3%)
over the prior year."
Section 2. The third sentence of Section 17 of the Lease, and only that sentence, is
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Site?Mame:CM365 City of Redlands Wa
Business Unit 0:823334
hereby amended to read as follows:
"Cancellation will not occur without at least thirty (30) days prior written notice to
Landlord."
Section 3. Signing Bonus. As an inducement by Tenant to have Landlord execute
this First Amendment, Tenant will pay to Landlord a one-time fully-earned and non-refundable
fee in the amount of Thirty-Three Thousand Sixty-Two and 501100 Dollars ($33,062.50) for
Landlord's full execution and delivery to Tenant of the First Amendment any applicable
memorandum (the "Signing Bonus"). Tenant will pay to Landlord the Signing Bonus within
sixty (60) days of Landlord's delivery to Tenant of Landlord's fully executed First Amendment
and applicable memorandum.
Section 4. One-Time Rent Increase. Commencing upon the first day of the second
month following the full execution of this First Amendment, the annual rent then in effect shall
increase by Three Thousand and No/100 Dollars ($3,000.00).
Section 5. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS
Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as
may be reasonably requested by Tenant. In the event Landlord's interest in the Property is
transferred, the succeeding landlord shall have a duty at the time of such transfer to provide
Tenant with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect
a transfer in the rent to the new landlord. Landlord's failure to provide the IRS Form W-9 within
thirty (30) days after Tenant's request shall be considered a default and Tenant may take any
reasonable action necessary to comply with IRS regulations including, but not limited to,
withholding applicable taxes from rent payments.
Section 6. Governmental Approvals. If requested by Tenant, Landlord at Tenant's
sole cost and expense will reasonably cooperate with Tenant's efforts to obtain or maintain all
documents required by the City of Redlands in connection with any development of, or
construction on, the Site, including documents necessary to petition the City of Redlands for
certificates, permits, licenses and other approvals required by applicable laws, rules, regulations
or policies of the City of Redlands to utilize the Site for the purpose of constructing, maintaining
and operating communications facilities, including without limitation, tower structures, antenna
support structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses
incidental thereto.
Section 7. Notices.
a) Tenant's notice address as stated in Section 7 of the Agreement is amended as
follows:
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Site Name;CM365 City of Redlands Wa
Business Unit#:823334
TENANT'S PRIMARY CONTACT CCTMI LLC
c/o Crown Castle USA Inc.
E. Blake Hawk, General Counsel
Attn: Legal Department
2000 Corporate Drive
Canonsburg, PA 15317
b Landlord's notice address as stated in Section 7 of the Agreement is amended as
follows:
City of Redlands
Municipal Utilities Department
Attn: Director of Municipal Utilities
PO Box 3005
Redlands, CA 92373
with a simultaneously-delivered true and copy of each such notice delivered to
City of Redlands
City Attorney's Office
Attn: LEGAL NOTICES
35 Cajon Street
Redlands, CA 92373
Delivery of a copy of each such notice to Landlord's legal counsel is a mandatory administrative
step which does not by itself constitute actual notice to Landlord.
Section S. Ratification.
a} Landlord and Tenant agree that Tenant is the current tenant under the Lease, the
Lease is in full force and effect, as amended herein, and the Lease contains the entire agreement
between Landlord and Tenant with respect to the Site.
bj Landlord represents and warrants that Landlord is duly authorized and has the full
power, right and authority to enter into this First Amendment and to perform all of its obligations
under the Lease as amended.
Section 9. Non-Confidentiality; Claims; Non-liability. The Parties acknowledge that the
Lease and this First Amendment are each a public document, subject to all provisions of the
California Public Records Act, California Government Code § 6250 et seq. as may be amended
or superseded. Any claim by Tenant against Landlord arising from the Lease or this First
Amendment shall be subject to the provisions of Chapter 3.09 et seq of the City of Redlands
Municipal Code. No employees, officers, elected and appointed officials volunteers. or
contractors of Landlord shall be personally liable for any default or liability under„the Lease as
amended.
Section 10. Remainder of Lease Unaffected, Severability.
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Site Name:CM365 City of Redlands Wa
Business Unit 4:823334
a) The parties hereto acknowledge that except as expressly modified hereby, the
Lease remains unmodified and in full force and effect. In the event of any conflict or
inconsistency between the terms of this First Amendment and the Lease, the terms of this First
Amendment shall control, This First Amendment may be executed simultaneously or in
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same agreement. All other provisions of the Lease shall remain in full force and
effect.
b) The Lease and this First Amendment contain all agreements, promises or
understandings between Landlord and Tenant and no verbal or oral agreements, promises or
understandings shall be binding upon either the Landlord or Tenant in any dispute, controversy
or proceeding at law, and any addition, variation or modification to the Lease and First
Amendment shall be void and ineffective unless made in writing and signed by both of the
parties. In the event any provision of the Lease or First Amendment is found to be invalid or
unenforceable., such a finding shall not affect the validity and enforceability of the remaining
provisions of the Lease and First Amendment.
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be
effective as of October 20, 2015.
CITY OF REDLANDS T-MOBILE WEST TOWER LLC,
a Delaware limited liability company
By: CCTMO LLC,
a Delaware limited liability company,
Its: Attorney in Fact
.. ..... By:
Paul W. Foster, Mayor Print Name: Us a
Title: R E F F:i 55 Ee r
ATTEST,
Sam Irwin,"'eity)Clerk
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Site.Name CM365 City of Redlands Wa
Business Unit 9:823334