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Home My WebLink AboutR-2007-185 Look Out Point Communications Site Sublease Agreement with New Cingular Wireless, PCS, LLCRESOLUTION NO. R-2007-185 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an amendment to the Look Out Point Communications Site Sublease Agreement with New Cingular Wireless, PCS, LLC. WHEREAS, the City of Yakima has been in a long term sublease agreement with the various holders of the Cingular cellular company; and WHEREAS, clarification and modification of said agreement was needed through an amendment; and, WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to continue this agreement in accordance with the terms and conditions on the attached amendment now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached amendment to the Look Out Point Communications Site Sublease Agreement with New Cingular Wireless, PCS, LLC. ADOPTED BY THE CITY COUNCIL this 11th day of December, 2007. Al I EST: City Clerk zoo --7-/ i Cell Site No: N114853/YA01/SELAH_21692 FA No: 10098221 Site Address: 2 3/10 MI Southeast Crusher Canyon, Selah, WA 98942 FIRST AMENDMENT TO CITY OF YAKIMA LOOKOUT POINT COMMUNICATION SITE SUBLEASE AGREEMENT THIS FIRST AMENDMENT TO CITY OF YAKIMA LOOKOUT POINT COMMUNICATION SITE SUBLEASE AGREEMENT ("Amendment") dated as of the later date below is by and between the City of Yakima, a municipal corporation, having a mailing address at 200 South 3rd Street, Yakima, WA 98901 (hereinafter referred to as "Sublessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to Tolbert and Ruby Jean Moore, Husband and Wife, having a mailing address at 6100 Atlantic Boulevard, Norcross, GA 30071 (hereinafter referred to as "Sublessee"). WHEREAS, Sublessor and Sublessee entered into a Site Sublease Agreement dated September 16, 1989, whereby Sublessor leased to Sublessee certain Premises, therein described, that are a portion of the Property located at 2 3/10 MI Southeast Crusher Canyon, Selah, WA 98942 ("Sublease"); and WHEREAS, Sublessor and Sublessee desire to extend the term of the Sublease; and WHEREAS, Sublessor and Sublessee desire to modify, as set forth herein, the Rent payable under the Sublease; and WHEREAS, Sublessor and Sublessee, in their mutual interest, further wish to amend the Sublease as set forth below. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sublessor and Sublessee agree as follows: 1. Term. The Term of the Sublease shall be amended to provide that the Sublease has a new initial term of 60 months ("New Initial Term"), commencing on January 1, 2008. The Term will be automatically renewed for up to 1 additional 60 month term ("Extension Term") without further action by Sublessee. Hereafter, the defined term "Term" shall include the New Initial Term and any applicable Extension Term. 2. Future Rent Increase / Annual Payments. The Sublease is amended to provide that commencing on January 1, 2009, Rent shall increase by four percent (4%) over the Rent paid during the previous year. 3. Acknowledgement. Sublessor acknowledges that: 1) this Amendment is entered into of the Sublessor's free will and volition; 2) Sublessor has read and understands this Amendment and the underlying Sublease and, prior to execution of the Amendment, was free to consult with counsel of its choosing regarding Sublessor's decision to enter into this Amendment and to have counsel review the terms and conditions of the Amendment; 3) Sublessor has been advised and is informed that should Sublessor not enter into this Amendment, the underlying Sublease between Sublessor and Sublessee, including any termination or non- renewal provision therein, would remain in full force and effect. Master Template v.14_BDW Deal v.2 -1- Cell Site No: N114853/YA01/SELAII 21692 FA No: 10098221 Site Address: 2 3/10 MI Southeast Crusher Canyon, Selah, WA 98942 4. Notices. Section 13 of the Sublease 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. As to Sublessee, New Cingular Wireless PCS, LLC, c/o Network Real Estate Administration, Cell Site # NI14853, Cell Site Name YA01/SELAH, 6100 Atlantic Boulevard, Norcross, GA 30071, with a copy to New Cingular Wireless PCS, LLC, Attn.: Legal Department, Re: Cell Site #N114853, Cell Site Name YA01/SELAH, 5601 Legacy Drive, Suite 3110A, Plano, Texas 75024; and as to Sublessor, City of Yakima, Communications Manager, 200 South 3rd Street, Yakima, WA 98901. 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. Other Terms and Conditions Remain. In the event of any inconsistencies between the Sublease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Sublease otherwise is unmodified and remains in full force and effect. Each reference in the Sublease to itself shall be deemed also to refer to this Amendment. 6. Future Replacement Sublease. This renewal amendment will remain in force to allow for continuity of service and the terms of the existing sublease until such time as Sublessor and Sublessee have mutually agreed upon a replacement sublease under the same financial and use terms as the amendment and the existing sublease dated Sept 16, 1989. Both parties shall pursue approval and execution of the replacement sublease in a timely manner. Should either party unduly, and without just cause, delay the execution of the replacement sublease it shall be determined a breach of the existing sublease and may result in termination of said sublease. 7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Sublease. [NO MORE TEXT ON THIS PAGE— SIGNATURES TO FOLLOW ON NEXT PAGE] Master Template v.14_BDW Deal v.2 -2- Cell Site No: N114853/YA01/SELAH_21692 FA No: 10098221 Site Address: 2 3/10 MI Southeast Crusher Canyon, Selah, WA 98942 IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the date and year below. SUBLESSOR: SUBLESSEE: City of Yakima, a municipal corporation New Cingular Wireless PCS, LLC, a Delaware limited liability company By: Name: Richard M. Zais, Jr. Title: City Manager Date: 4?/,?/o7 WITNESSED BY: By: Name: Deborah Moore Title: City Clerk CITY CONTRAC r NO: /144 7.-/1- RESOLUTION NO: 1Ra27 Wig✓_ Master Template v.14_BDW Deal v.2 -3- By: Name: Title: Date: By: Name: Title: E. Don MacLeod Executive Director Network Scrvices/PNW z ., t — 4110� Cell Site No: N114853/YA01/SELAH 21692 FA No: 10098221 Site Address: 2 3/10 MI Southeast Crusher Canyon, Selah, WA 98942 SUBLESSOR ACKNOWLEDGEMENT CORPORATE ACKNOWLEDGEMENT STATE OF Washington ) COUNTY OF Yakima ) I CERTIFY that on December 12 200 7 Richard A. Zais [name of representative] personally came before me and acknowledged under oath that he or she: (a) is the City Manager [title] of City of Yakima [name of corporation], the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the orporation. 7`7 0 Vii'' Public: ,C,./WO.9 MW.rr . aiiv s My ommission Expires: Master Template v.14_BDW Deal v.2 -4- Cell Site No: N114853/YA01/SELAH_21692 FA No: 10098221 Site Address: 2 3/10 MI Southeast Crusher Canyon, Selah, WA 98942 STATE OF COUNTY OF LJ ) SS. SUBLESSEE ACKNOWLEDGEMENT I certify that I know or have satisfactory evidence that e is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the /,rre,t_rri of New Cingular Wireless PCS, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 49//i /De Master Template v.14_BDW Deal v.2 -)722 (Si at re of Nary) �1'e LL,4 /. /L, (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of LJ/4 My appointment expires: e/36 c)1 -5- ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 17 For Meeting Of: December 11, 2007 A Resolution Authorizing the City Manager to enter into an amendment of the Look Out Point Communications Site Sublease Agreement with New Cingular Wireless PCS, LLC SUBMITTED BY Wayne Wantland, Communications Manager CONTACT PERSON/TELEPHONE: same, 575-6048 SUMMARY EXPLANATION Since 1989 the City of Yakima has been subleasing space at our Look Out Point Radio Site to the various holders of the now AT&T cellular system The attached amendment to that agreement is to clarify the contact information for the current company we are in agreement with and changing the annual rent adjustment from a computed CPI figure to a fixed 4% per year inflationary adjustment. Resolution X Ordinance _, Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL:` City anager STAFF RECOMMENDATION Staff' respectfully requests Council authorized the City Manager to enter into an amendment of the Look Out Point Communications Site Sublease Agreement with New Cingular Wireless PCS, LLC BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION atsit Via Certified Mail, Return Receipt Requested Tracking Number 7007 0710 0004 9093 7048 February 22, 2008 CITY OF YAKIMA ATTN: COMMUNICATIONS MANAGER 200 SOUTH 3RD STREET YAKIMA, WA 98901 AT&T Mobility 6100 Atlantic Blvd Norcross, GA 30071 Subject: Notice of Intent to Extend Lease Term per First Amendment to City of Yakima Lookout Point communication Site Sublease Agreement for Site YA01/SELAH Dear Lessor: Please accept this letter as written notification that New Cingular Wireless PCS, LLC d/b/a Cingular Wireless is extending the term of this Lease for an additional 60 months term from January 1, 2008 through December 31, 2012. One fully executed copy is attached for your files. Future correspondence will be sent to the above address unless you notify me otherwise. Should you have any questions regarding the above, please contact me on our toll-free number, 877-231-5447. To expedite processing of your request, please reference the site name as found on the subject line of this letter on all communications. Sincerely, Christine Brown Real Estate Manager Enclosures (1) cc: Cingular Wireless Project Manager File- Washington/Oregon/Idaho - FA# 10098221 cb/wle USA Proud Sponsor of the U S. Olympic Team