HomeMy WebLinkAboutAgenda Report - July 7, 2010 D-10AGENDA ITEM 13440
CITY OF LODI
COUNCIL COMMUNICATION
im
AGENDA TITLE: Adopt Resolution Authorizing Amendment to Lease Agreement with Verizon
Wireless for Land Use at 114 N. Main Street, Lodi
MEETING DATE: July 7,2010
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Adopt resolution authorizing amendment to lease agreement with
Verizon Wireless for land use at 114 N. Main Street, Lodi.
BACKGROUND INFORMATION: The City entered into an agreement with Verizon Wireless on July
21, 1999 for the lease of approximately 400 square feet of ground
space and water tower space at 114 N. Main Street for use in its
communication business.
Verizon Wireless is requesting an amendmentto the lease to add an additional 205 square feet of ground
space for the placement of an enclosed emergency generator. City staff has reviewed and approved the
plans for the site and construction of the enclosure. Verizon would be required to obtain all appropriate
permits for the enclosure construction once the amendment is approved.
Verizon Wireless currently pays the City of Lodi $1,036.17 per month in lease rent, increased annually by
4 percent. The amendment calls for an additional $250 per month for the added ground space.
FISCAL IMPACT: If approved, an additional $3,000 per year will be received into the General
Fund.
FUNDING AVAILABLE: Not applicable.
Prepared by Susan Bjork, Management Analyst
Attachments
Cc: Charles Swimley, Public Works
APPROVED:
Jordan Ayers
Deputy City Manager/Internal Services Director
Interim City Manager
FIRST AMENDMENT TO LEASE AGREEMENT
This FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is made this _ day of
, 20_, by and between the City of Lodi, a municipal corporation ("Landlord"), and Sacramento -
Valley Limited Partnership d/b/a Verizon Wireless ("Tenant"), with reference to the facts set forth in the Recitals
below:
RECITALS
A. Landlord and Tenant, or their predecessors in interest, are parties to a Lease Agreement dated on
or about July 8, 1999 ("Lease"), whereby Landlord has leased a portion of Landlord's Owned Premises (as defined
in the Lease) to Tenant to construct, operate and maintain Antennae Facilities.
B. Landlord and Tenant desire to (i) expand the size of Tenant's Premises, and (ii) provide for an
increase in the Base Rent payable to Landlord under the Lease.
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, LEASE PREMISES. The first paragraph of Section 1 of the Lease shall be deleted in its entirety
and replaced with the following:
"Landlord leases to Tenant and Tenant leases from Landlord a portion of the Owned Premises, consisting
of space on the Tower and approximately six hundred five (605) square feet on the ground, comprised of a
four hundred (400) square foot parcel for a communications facility and a two hundred five (205) square
foot parcel for an emergency generator, together with such additional space for the installation, operation
and maintenance of wires, cables, conduits and pipes running between and among Tenant's leased parcels
and Tenant's tower space and to all necessary electrical and telephone utility sources as shown on the Site
Plan attached as Exhibit B (collectively, the "Premises"). Tenant understands that Landlord may lease
space (other than the Premises) on the Tower and the surrounding area to other persons or entities subject
to Section 12 of this Lease."
2. EXHIBIT "B" and EXHIBIT "C". Exhibit "B" of the Lease shall be deleted in its entirety and
replaced with Exhibit " B attached hereto and incorporated herein by this reference. Exhibit "C" of the Lease is
hereby deleted in its entirety.
3. REN1. Commencing upon the first day of the month following the date Tenant begins
installation of the emergency generator on the Premises (the "Rental Increase Date"), the Base Rent shall increase
by the amount of Two Hundred and Fifty and 00/100 Dollars ($250.00) per month. Tenant and Landlord agree
that they shall acknowledge in writing the Rental Increase Date. Tenant and Landlord acknowledge and agree that
the initial rent increase payment shall not actually be sent by Tenant until thirty (30) days after written
acknowledgement confirming the Rental Increase Date.
4. ASSIGNMENT. The second sentence of subsection 26.a, of the Lease shall be deleted in its
entirety and replaced with the following:
"Notwithstanding the foregoing, however, this Lease may be sold, assigned or transferred by the Tenant
without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of Tenant's assets in the market defined by
Central Lodi
1021201.3
the Federal Communications Commission in which the Owned Premises is located by reason of a merger,
acquisition or other business reorganization. No change of stock ownership, partnership interest or
control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an
assignment hereunder."
5. CONTINUED EFFECT. Except as specifically modified by this Amendment, all of the team
and conditions of the Lease shall remain in full force and effect. In the event of a conflict between any term and
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.
IN WITNESS WHEREOF, Landlord and Tenant have caused this FIRST AMENDMENT TO LEASE
AGREEMENT to be executed by each party's duly authorized representative effective as of the date first above
written.
LANDLORD:
City of Lodi, a municipal corporation
By:—
Name:
Title:
Date:_
Konradt Barltam
Interim City Manager
ATTEST:
Randi Johl
City Clerk
Date:
r ar Attemey
Dni�l
Cenh-A Lodi
1021201.7
TENANT:
Sacramento -Valley Limited Partnership
d/b/a Verizon Wireless
By AirTouch Cellular, Its General Partner
By:
Name: Walter L. Jones, Jr.
Title: Area Vice President Network
Date:
Central Lodi
1021201.3
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Sacramento -Valley Limited Partnership
d/b/a Verizon Wireless
2785 Mitchell Drive
Walnut Creek, CA 94598
Atm: Network Real Estate
(Site Name: Central Lodi)
(Space above this line for Recorder's um.)
MEMORANDUM OF FIRST AMENDMENT TO LEASE AGREEMENT
THIS MEMORANDUM OF FIRST AMENDMENT TO LEASE AGREEMENT is made
this day of , 20`, between City of Lodi, a municipal corporation, with a
mailing address of P.O. Box 3006, Lodi, CA 95241, hereinafter referred to as "Landlord", and
Sacramento -Valley Limited Partnership d/b/a Verizon Wireless, with its principal office located
at One Verizon Way, Mail Stop 4A W 100, Basking Ridge, New Jersey 07920, hereinafter
referred to as "Tenant". Landlord and Tenant are at times collectively referred to hereinafter as
the "Parties" or individually as the "Party".
1. Landlord and Tenant entered into a Lease Agreement (the "Agreement") on July
8, 1999, for an initial term of ten (10) years, commencing on the Commencement Date. Tenant
has one (1) option to extend the term of the Agreement for an additional five year period by
giving Landlord written notice of its intention to do so at least ninety (90) days prior to the date
that the then -current term would otherwise end. If Tenant and Landlord fail to agree to
subsequent extension of the term of the Agreement, this Agreement shall continue in force upon
the same terms and conditions for a further term of one (1) year and for one (1) year terms
thereafter until terminated by either Party by giving to the other written notice of its intention to
so terminate at least one (1) year prior to the end of such term. The Agreement was recorded on
October 8, 1999 as Document No. 99127749 in the Official Records of the County Recorder of
San Joaquin County, California. Landlord and Tenant now enter into a First Amendment to
Lease Agreement (the "Amendment"), dated . The Amendment provides, among
other matters, that the size of the Premises shall be expanded.
2. Landlord hereby leases to Tenant a portion of that certain space on the Landlord's
Tower, located at 114 North Main Street, as shown on the Tax Map of the County of San Joaquin
as a portion of Assessor's Parcel No. 043-084-11 (the entirety of Landlord's property is referred
to hereinafter as the "Property"), together with a parcel of property containing 605 square feet,
comprised of a four hundred (400) square foot parcel for a communications facility and a two
hundred five (205) square foot parcel for an emergency generator, together with such additional
space for the installation, operation and maintenance of wires, cables, conduits and pipes running
between and among Tenant's leased parcels and Tenant's tower space and to all necessary
Central Lodi 1
1022690.2
electrical and telephone utility sources (collectively the "Premises"). The Premises are described
in Exhibit A attached hereto and made a part hereof, and as shown on the plat of survey attached
hereto and incorporated herein as Exhibit B.
3. The Commencement Date of the Agreement, of which this is a Memorandum, is
July 1, 1999.
4. The terms, covenants and provisions of the Agreement, the terms of which are
hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the
respective executors, administrators, heirs, successors and assigns of Landlord and Tenant.
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, Landlord and Tenant have
caused this Memorandum to be duly executed on the date first written hereinabove.
LANDLORD:
City of Lodi, a municipal corporation
B
Name:
Title:
Date:
Konradt Barltam
Interim City Manager
ATTEST:
Randi Johl
City Clerk
Date:
TENANT:
Sacramento -Valley Limited Partnership
d/b/a Verizon Wireless
By AirTouch Cellular, Its General Partner
By:
Name: Walter L. Jones, Jr.
Title: Area Vice President Network
Date:
Central Lodi
1022696.2
Central Lodi
ion?eso.:
EXHIBIT "A"
[WRITTEN METES AND BOUNDS OF THE PREMISES
AND INGRESS/EGRESS AND UTILITY EASEMENT]
All those certain IDES, pieCes orparCCIS of land situate, lying and being in the City of Lodi,
County of San Joaquin, State of California. described and designated as Lot No. 1 and that part
of Lot No. 2 lying west of the Quarter Section linebetween the Southeast Quarter and the
Southwest Quarter of Section 1, Township 3 North, Range 6 But, Mount Diablo Base and
Meridian,both said lotslteing in Block'29, accordingto the official map orplat of the said City
of Lodi,
Initial A Dare
EXHIBIT B
[BOUNDARYSURVEY OF THE PREMISES
AND INGRESS/EGRESS AND UTILITY EASEMENT]
Central Lodi
10226,90.2
Initial & Date
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On , 20_, before me,
Notary Public, personally appeared Walter L. Jones, Jr„ who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
Central Lodi
1022690,2
State of )
)SS.
Countyof )
on before me,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature (Seas)
Central Lodi
1022690.2
RESOLUTION NO. 2010-108
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AMENDMENT TO LEASE AGREEMENT
WITH VERIZON WIRELESS
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve an amendment to the lease agreement with Verizon Wireless for ground space
at 114 N. Main Street, Lodi with the following provisions:
1. An additional 205 square feet of ground space will be included for the placement
of an emergency generator.
2. Verizon will be required to construct an enclosure for the generator on the
additional leased ground space.
3. Verizon will pay an additional $250 per month for the lease of the additional
ground space, subject to an annual 4% increase.
BE IT FURTHER RESOLVED that all other terms and conditions of the lease
shall remain the same.
Dated: July 7, 2010
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I hereby certify that Resolution No. 2010-108 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held July 7, 2010, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS—None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS— None
&JOHL
City Clerk
2010-108