HomeMy WebLinkAbout2023-05-15 I01F_01 2nd Amendment to Lease Agreement, 1255 3rd St Site_USCOC of Greater IowaAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 15, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Second Amendment to
Lease Agreement, 1255 3rd Street [USCOC of Greater Iowa, LLC]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The City of Waukee and USCOC of Greater Iowa, LLC
entered into an agreement on June 4, 2012 and amended the agreement January 20, 2020 to reflect the
modification of the original lease agreement showing the antennae on the top of the water tower to a
location at the side of the water tower.
The second amendment outlines that the City of Waukee and USCOC of Greater Iowa, LLC agree to:
I. Exhibit B-1 is hereby deleted and replaced with Exhibit B-2, attached hereto and
incorporated as part of the Lease.
II.Except as amended herein, all other terms of the Lease remain unchanged and in full
force and effect.
US Cellular will be modifying their current cellular antennas and this amendment is part of the steps
outlined in the lease agreement to memorialize these modifications. Staff have reviewed the proposed
modifications and agree they meet the design requirements necessary so as not to impose negative
impacts to the existing tower’s structural integrity.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. Second Amendment to Lease Agreement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
I1F1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING SECOND AMENDMENT TO LEASE AGREEMENT, 1255 3RD STREET
[USCOC OF GREATER IOWA, LLC]
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 entered into an agreement on June 4, 2012 and amended the agreement
January 20, 2020 to reflect the modification of the original lease agreement showing the
antennae on the top of the water tower to a location at the side of the tower; AND,
WHEREAS, the City of Waukee and USCOC of Greater Iowa, LLC agree to further amend the
agreement as follows:
I.Exhibit B-1 is hereby deleted and replaced with Exhibit B-2, attached hereto and
incorporated as part of the Lease.
II.Except as amended herein, all other terms of the Lease remain unchanged and in
full force and effect.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Second Amendment to Lease Agreement, 1255 3rd Street [USCOC of Greater Iowa, LLC] is
hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved on the 15th day of May,
2023.
____________________________
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
Site Name: Waukee Site Number: 760553
Page 1 of 4
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT (“Second Amendment”), made __________________,
2023, modifies that certain Lease Agreement, dated June 4, 2012, as amended by that Amendment
to Lease Agreement, dated January 20, 2020 (collectively, the “Lease”), by and between the City
of Waukee, a municipal corporation, (“Landlord”), and USCOC of Greater Iowa LLC, a Delaware
limited liability company, having an address at Attention: Real Estate Lease Administration, 8410
West Bryn Mawr Avenue, Chicago, Illinois 60631, hereinafter referred to as (“Tenant”).
WHEREAS, Tenant desires to amend the Lease to allow for the modification of antennas
and associated cables and other communications instruments; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set
forth 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:
I. Exhibit B-1 is hereby deleted and replaced with Exhibit B-2, attached hereto and
incorporated as part of the Lease.
II. Except as amended herein, all other terms of the Lease remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above
written.
LANDLORD: City of Waukee TENANT: USCOC of Greater Iowa, LLC
By: ________________________________ By: ________________________________
Printed: Courtney Clarke Printed: _____________________________
Title: _______________________________ Title: Vice President
Date: _______________________________ Date: _______________________________
[NOTARY PAGE TO FOLLOW]
Site Name: Waukee Site Number: 760553
Page 2 of 4
STATE OF IOWA )
)
COUNTY OF DALLAS )
I, the undersigned, a notary public in and for the State and County aforesaid, do hereby
certify that Courtney Clarke, known to me to be the same person whose name is subscribed to the
foregoing Second Amendment, appeared before me this day in person and acknowledged that
he/she signed the said Amendment as his/her free and voluntary act for the uses and purposes
therein stated.
Given under my hand and seal this _________ day of ______________________, 2023.
Notary Public
My commission expires:
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a notary public in and for the State and County aforesaid, do hereby
certify that ______________________________, the Vice President, known to me to be the same
person whose name is subscribed to the foregoing Second Amendment, appeared before me this
day in person and acknowledged that, pursuant to his/her authority, he/she signed the said
Amendment as his/her free and voluntary act on behalf of the named Tenant limited liability
company, for the uses and purposes therein stated.
Given under my hand and seal this _________ day of ______________________, 2023.
Notary Public
My commission expires:
Site Name: Waukee Site Number: 760553
Page 3 of 4
EXHIBIT B-2
Site Name: Waukee Site Number: 760553
Page 4 of 4
EXHIBIT B-2 (continued)