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Home My WebLink About2022-08-01 J01E_02 Water Tower Lease Agreement Amendment 1_VerizonAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 18, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Amendment No. 1 to Lease Agreement for 1255 3rd Street Site [Cellco Partnership, d/b/a/ Verizon Wireless] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The original lease agreement was approved by City Council on April 18, 2016 (RES# 16-134) allowing Verizon Wireless to rent space to install an antenna on the City’s water tower. Cellco Partnership d/b/a/Version Wireless is requesting an amendment to the lease agreement to allow modifications to the Antenna Facilities consisting of twelve (12) antennas to the 136’ centerline, six (6) RRUs at 136’, three (3) OVP boxes at 136’, and three (3) hybrid cables. Commencing on the first day of the month following the date on which the Verizon begins installation of the modifications to the Antenna Facilities, the rent shall be increased by an amount equal to $5,400. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $5,400 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve ATTACHMENTS: I. Amendment No. 1 to Lease Agreement PREPARED BY:Beth Richardson REVIEWED BY:Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1E2 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AMENDMENT NO. 1 TO LEASE AGREEMENT FOR 1255 3RD STREET SITE WITH CELLCO PARTNERSHIP, D/B/A VERIZON WIRELESS IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City approved the original Lease Agreement on April 18, 2016 (RES #2016- 134) allowing Verizon to install 6 directional antennae’s and connecting cables on the water tower; AND, WHEREAS, the Tenant desires an amendment to the lease agreement to allow modifications to the Antenna Facilities; AND, WHEREAS, The rent shall be increased by an amount equal to $5,400; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Amendment No. 1 to lease agreement between Cellco Partnership, d/b/a Verizon Wireless. and the City of Waukee, Iowa is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 1st day of August, 2022. ____________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair DES DT Waukee (GL# 276199) - Amendment No. 1 to Lease Agreement 1 CORE/0762186.3389/175257179.2 SITE NAME: DES DT Waukee AMENDMENT NO. 1 TO LEASE AGREEMENT (1255 3rd St Site) This AMENDMENT NO. 1 TO LEASE AGREEMENT ("Amendment") is entered into this ____ day of _________, 2022, by and between the City of Waukee, Iowa, a municipal corporation ("Landlord") and Cellco Partnership d/b/a Verizon Wireless ("Tenant"), successor in interest to Verizon Wireless (VAW) LLC, with reference to the facts set forth in the Recitals below. RECITALS A.Landlord and Tenant are parties to a Lease Agreement dated April 18, 2016 (the "Lease"), whereby Landlord has leased to Tenant Tower Space and Land Space (as defined in the Lease) (the "Premises"). B. Landlord and Tenant desire to amend the Lease in order to allow Tenant to upgrade the Antenna Facilities (as defined in the Lease), to provide for an increase in the Annual Rent payable to Landlord under the Lease for the upgrades to the Antenna Facilities, and to otherwise amend the Lease on the terms and conditions contained herein. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.DEFINITIONS. Any capitalized terms used in this Amendment that are not defined herein shall have the meanings given those terms in the Lease. 2.ANTENNA MODIFICATIONS. The Lease is hereby amended to provide for a revised water tower installation consisting of twelve (12) antennas at the 136’ centerline, six (6) RRUs at 136’, three (3) OVP boxes at 136’, and three (3) hybrid cables. Exhibit B and Exhibit C to the Lease are hereby supplemented to reflect the modifications to the Antenna Facilities, as shown on the Plans and Specifications (Amendment No. 1), attached hereto and incorporated by reference herein. Any references to Exhibit B or Exhibit C in the Lease shall hereafter also include the Plans and Specifications (Amendment No. 1). 3.RENT. As consideration for the permitted modifications to the Antenna Facilities, Annual Rent shall be increased by an amount equal to $5,400.00, commencing on the first day of the month following the date on which Tenant begins installation of the modifications to the Antenna Facilities (the "Amendment Commencement Date"). Landlord and Tenant agree that they shall acknowledge in writing the Amendment Commencement Date. Landlord and Tenant agree that the increased Annual Rent payment for the then current lease year shall be prorated based upon the actual number of days from and including the Amendment Commencement Date through the last day of the then current lease year. Landlord and Tenant further acknowledge and agree that the payment of the prorated increase in Annual Rent for the then current lease year shall not actually be sent by Tenant until ninety (90) days after Landlord's written acknowledgement DES DT Waukee (GL# 276199) - Amendment No. 1 to Lease Agreement 2 CORE/0762186.3389/175257179.2 confirming the Amendment Commencement Date. The Annual Rent shall thereafter escalate as provided in the Lease. 4.COSTS REIMBURSEMENT. Tenant agrees to reimburse Landlord for the reasonable costs invoiced to the Landlord for its outside engineering firm's review of Tenant's proposed modifications to the Antenna Facilities. Tenant shall reimburse the Landlord for such costs within ninety (90) days of receipt of a written invoice therefor, delivered to Tenant and addressed as follows: Verizon Wireless, Network Real Estate – Great Plains, Attention: Cynthia Shuck and Mark Moffat, 10801 Bush Lake Road, Bloomington, Minnesota 55438. As a condition precedent to reimbursement, the applicable invoice must be accompanied by appropriate, reasonable back-up information necessary to confirm the costs for which reimbursement is sought. 5. NOTICES. Tenant's notice address in Section 17 of the Lease is hereby replaced with the following: Cellco Partnership d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 6. AUTHORITY. Landlord and Tenant each hereby warrant to the other that the person executing this Amendment on behalf of the warranting party has the full right, power and authority to enter into, and execute, this Amendment on that party's behalf, and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Amendment. 7. RATIFICATION OF LEASE. Except as specifically modified by this Amendment, the parties agree that all of the terms and conditions of the Lease are in full force and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions of the Lease and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Lease and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Lease. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] DES DT Waukee (GL# 276199) - Amendment No. 1 to Lease Agreement 3 CORE/0762186.3389/175257179.2 IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative on the date written below. LANDLORD: City of Waukee, Iowa By: _________________________________ Name: ______________________________ Its: Mayor Date: _______________________________ By: _________________________________ Name: ______________________________ Its: City Administrator Date: _______________________________ TENANT: Cellco Partnership d/b/a Verizon Wireless By: ______________________________ Name: ____________________________ Title: ____________________________ Date:______________________________ DES DT Waukee (GL# 276199) - Amendment No. 1 to Lease Agreement Plans and Specifications (Amendment No. 1) Page 1 of 3 CORE/0762186.3389/175257179.2 PLANS AND SPECIFICATIONS (AMENDMENT NO. 1) See Attached DES DT Waukee (GL# 276199) - Amendment No. 1 to Lease Agreement Plans and Specifications (Amendment No. 1) Page 2 of 3 CORE/0762186.3389/175257179.2 DES DT Waukee (GL# 276199) - Amendment No. 1 to Lease Agreement Plans and Specifications (Amendment No. 1) Page 3 of 3 CORE/0762186.3389/175257179.2