HomeMy WebLinkAboutAgenda Report - August 20, 2014 C-144 AGENDA ITEM C4
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment to Lease
Agreement with Verizon Wireless for Ground Space Lease at 114 North Main Street
MEETING DATE: August 20, 2014
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute amendment to
Lease Agreement with Verizon Wireless for ground space lease at
114 North Main Street.
BACKGROUND INFORMATION: The City entered into a lease 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 North Main Street for
use in its communication business. On July 7, 2010, City Council approved an amendment to the
agreement which added an additional 205 square feet of ground space for the placement of an enclosed
emergency generator and added an additional $250 to their monthly lease payment.
The current lease expired on June 30, 2014. Verizon Wireless is requesting a five-year extension to the
lease agreement, with the option of two successive five-year extensions.
Verizon Wireless currently pays the City of Lodi $1,260.66 per month in lease rent, increased annually by
4 percent. The amendment calls for an additional $500 per month for the extension periods, in addition
to the annual increase of 4 percent.
FISCAL IMPACT: The three successive five-year extension periods would collect
approximately $308,620 in revenue for the General Fund.
FUNDING AVAILABLE: Not applicable.
—I, A j JQ 4 A
F. Wally nde in
Public Works Director
Prepared by Rebecca Areida-Yadav, Management Analyst
FWS/RAY/pmf
APPROVED:
Stephan
K:\WP\PROPERTY\CVerizonLeaseAmendment2014.doc
' City Manager
8/11/2014
AMENDMENT NO. 2
AMENDED AND RESTATED GROUND AND WATER TOWER SPACE LEASE
THIS AMENDED AND RESTATED GROUND AND WATER TOWER SPACE LEASE, made
and effective this day of , 2014, by and between the CITY OF LODI, a
municipal corporation, hereinafter called "Landlord", and SACRAMENTO -VALLEY LIMITED
PARTNERSHIP d/b/a VERIZON WIRELESS, hereinafter called "Tenant."
WITNESSETH:
CONTRACT: Landlord and Tenant, entered into a Lease Agreement on July 21, 1999 (the
"Agreement") for the lease of ground and water tower space at 114 North Main Street which
expires on June 30, 2014, having been extended for an additional five (5) year period as
provided under the Agreement. Landlord and Tenant thereafter entered into a First
Amendment to Lease Agreement, effective October 31, 2013 (the "First Amendment")
(collectively referred to as the "Lease"), for the purpose of expanding the Tenant's Premises
and providing for an increase in Base Rent payable to Landlord.
Landlord and Tenant hereby agree to restate the Lease (referenced by Tenant as Contract
No. 35411) in its entirety and amend the expiration date thereof.
2. TERM AND TERMS: Tenant is hereby granted options to extend the Term of the Lease on
the same terms and conditions as set forth herein for up to three (3) additional and successive
five (5) year periods each (each an "Option Period"). The Lease shall automatically be
extended for each period unless Tenant notifies Landlord in writing of Tenant's intention not to
extend this Lease as least ninety (90) days prior to the expiration of the then current Option
Period. Subsequent extensions other than as set forth above will be by mutual consent of
Tenant and Landlord. All other terms and conditions will remain as set forth in the Agreement
and the First Amendment attached hereto as Exhibits 1 and 2, respectively, and made a part
hereof as though fully set forth herein.
3. RENT: Effective July 1, 2014, Tenant shall increase the monthly rent paid to Landlord by five
hundred dollars ($500.00) (the "Rent Increase"). The Rent Increase shall be subject to the
annual increase set forth in the Lease. Landlord and Tenant acknowledge and agree that the
initial Rent Increase payment shall not actually be sent by Tenant until forty five (45) days after
full execution.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Extension
Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation
Hereinabove called "Landlord"
STEPHEN SCHWABAUER
City Manager
ATTEST:
JENNIFER M. ROBISON
City Clerk
6987494.1257527.2
SACRAMENTO -VALLEY LIMITED
PARTNERSHIP d/b/a VERIZON
WIRELESS hereinabove called "Tenant"
By: AirTouch Cellular, Its General Partner
By:
Name: Brian Mecum
Title: Area Vice President Network
Date:
APPROVED AS TO FORM:
JANICE D MAGDICH
City Attorney
' Exhibi# 1
LEASE AGREEMENT
(Antenna on Water Tower)
114 North Main Street
�rs+
THIS LEASE entered into as of this � day of Ju Iv , 1999, by and between The
City of Lodi, acting by and through its Public Works Dep nt ("Landlord") and Sacramento -
Valley Limited Partnership, a California limited partnership ("Tenant"), of which AirTouch
Cellular, a California corporation, with offices located at 255 Parkshore Drive, Folsom, CA
95630, is the General Partner.
Background
A. Landlord is the owner in fee simple of a parcel of land located in the City of Lodi,
San Joaquin County, State of California, legally described on the attached Exhibit A (the
"O -caned Premises"), on which a water tower (the "Tower") is located. The street address of the
Owned Premises is 114 North Main Street.
B. Tenant desires to lease space on the Tower described below for the installation
and operation of certain antennae facilities, which include directional antennae, connecting
cables and appurtenances, and space on the ground for the installation of an equipment building
(collectively, "Antennae Facilities") for use in connection with its communications business.
C. Accordingly, the parties are entering into this Lease on the terms and conditions
set forth below.
Aereement
In consideration of their mutual covenants, the Parties agree as follows:
1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a
portion of the Owned Premises, consisting of space on the Tower and space on the ground
(approximately four hundred (400) square feet), as shown on the Site Plan attached as Exhibit B
(the "Premises"). Tenant understands that Landlord may lease space on this water tower and the
surrounding area to other persons or entities. Tenant intends to locate its Antennae Facilities as
described more fully on the attached Exhibit C on the Premises. Tenant may not add additional
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equipment and/or antennae from that shown on Exhibit without the prior written approval of
the Landlord, which approval shall not be unreasonably withheld or delayed.
This Lease is not a franchise pursuant to any City, State or Federal laws nor is it a permit
to use the rights-of-way of the City for other than ingress and egress purposes except those areas
covered by this Lease. Any franchise or permit must be obtained separately from Landlord.
2. Term. This Lease shall commence on July 1, 1999 (the "Commencement Date")
and end on June 30, 2009.
Tenant is hereby granted an option to extend this Lease on the same terms and conditions
for one (1) additional five (5) year period ("Option Period") after the original term expires 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. Subsequent extensions will be by mutual
consent of Tenant and Landlord under the same terms and conditions; provided, however, that, if
Tenant and Landlord fail to agree to subsequent extensions, then this Lease shall continue in
force upon the same terms and conditions for a further period of one (1) year, and for like annual
periods thereafter, until and unless terminated by either party by giving to the other written notice
of its intention to so tenninate at least one (1) year prior to the date of lease expiration.
3. Rent.
a. Tenant shall pay Landlord as monthly rent for the Premises the sum of Seven
Hundred Dollars ($700) per month. ("Base Rent"). Tenant shall pay Landlord rent beginning
the date of issuance of the building permit. That date must be no later than six months from the
date of execution of this Lease. The Commencement Date shall remain July 1, 1999 for the life
of the Lease.
b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the
late payment for any payment not paid within ten (10) days after when due. Any amounts not
paid within ten (10) days after when due shall bear interest until paid at the lesser of the rate of
two percent (2%) per month or the highest rate permitted by law.
C. Upon full execution of this Lease by Tenant and Landlord, Tenant shall pay
Landlord the sum of Two Thousand Five Hundred Dollars ($2,500.00) as processing fee.
d. The Base Rent shall be increased annually effective as of each anniversary of the
Commencement Date by an amount equal to four percent (4%) of the Base Rent for the prior
year.
e. If this Lease is terminated at a time other than on the last day of the month, Rent
shall be prorated as of the date of termination and, in the event of termination for any reason
other than nonpayment of Rent, all prepaid Rents shall be refunded to Tenant.
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f. To the extent that Landlord desires to purchase cellular telephone service from
Tenant, Tenant shall offer this service to Landlord at the government rate and terms that Tenant
then offers to other governmental entities.
Z:'
Base Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset.
4. Use of Premises.
a. Tenant shall use the Premises for the installation, operation, and maintenance of
its communications building, radios and Antennae Facilities for the transmission, reception and
operation of a wireless communications system and uses incidental thereto and for no other uses.
Subject to the terms and conditions contained herein, Landlord may permit others to use other
portions of the Tower. Tenant may erect and operate three (3) four -in -ane panel antennas and
may expand the number of antennae, but only with Landlord's consent, which consent shall not
be unreasonably withheld or delayed, and only after Landlord has obtained, at Tenant's expense,
a certified evaluation indicating that each additional antenna will not interfere with existing
antennae, and the Tower can structurally support the additional Antennae.
b. Tenant shall, at its expense, comply with all present and future applicable federal,
state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to
health, radio frequency emissions, other radiation and safety) in connection with the use, opera-
tion, maintenance, construction and/or installation of the Antennae Facilities and/or the Premises.
Landlord agrees to reasonably cooperate with Tenant, but at no expense to Landlord, in obtain-
ing any federal licenses and permits required for or substantially required by Tenant's use of the
Premises.
C. (1) Tenant shall remove the Antennae Facilities from the Premises upon ter-
mination of the Lease. Such removal shall be done in a workmanlike and careful manner
and without interference or damage to any other equipment, structures or operations on
the Premises, including use of the Premises by Landlord or any of Landlord's assignees
or lessees. If, however, Tenant requests permission not to remove all or a portion of the
improvements, and Landlord consents to such non -removal, title to the affected improve-
ments shall thereupon transfer to Landlord and the same thereafter shall be the sole and
entire property of Landlord, and Tenant shall be relieved of its duty to otherwise remove
same.
(2) Upon removal of the improvements (or portions thereof) as provided
above in subpart (1), Tenant shall restore the affected area of the Premises to the reason-
able satisfaction of Landlord (Landlord agrees that normal wear and tear shall not require
restoration).
(3) All costs and expenses for the removal and restoration to be performed by
Tenant pursuant to subparts (1) and (2) above shall be borne by Tenant, and Tenant shall
hold Landlord harmless from any portion thereof.
5. Construction Standards. The Antennae Facilities shall be installed on the Premises
in a good and workmanlike manner without the attachment of any construction liens. Landlord
reserves the right to require Tenant to paint the Antennae Facilities in a manner consistent with
the color of the Tower.
6. Installation of Equipment.
a. Tenant shall have the right, at its sole cost and expense, to install, operate and
maintain on the Premises, in accordance with good engineering practices and with all applicable
FCC rules and regulations, its Antennae Facilities as described on Exhibit C.
b. Tenant's installation of all such Antennae Facilities shall be done according to
plans approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any
damage done to the Tower by Tenant during Tenant's installation and/or during operations shall
be repaired or replaced immediately at Tenant's expense and to Landlord's sole reasonable satis-
faction. In connection with the installation and operation of the Antennae Facilities, Tenant shall
not make any penetrations of the Tower without Landlord's prior written consent, which consent
shall not be unreasonably withheld or delayed. Tenant shall pay all costs and expenses in
relation to maintaining the integrity of the Tower solely in connection with Tenant's installation
and operations of the Antennae Facilities.
C. Within thirty (30) days after the Commencement Date, Tenant shall provide Land-
lord with as -built drawings of the Antennae Facilities and the improvements installed on the Pre-
mises, which show the actual location of all equipment and improvements consistent with Exhi-
bit C. Said drawings shall be accompanied by a complete and detailed inventory of all equip-
ment, personal property, and Antennae Facilities.
7. Maintenance.
a. Tenant shall, at its own expense, maintain the Antenna Facilities and any equip-
ment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to
Landlord so as not to conflict with the pre-existing use of the Tower by Landlord. Tenant shall
-- xat tmreasena4ly-inter-fere-with4he-use-o€the-Tower by other tenants so long as the equipment of
each such tenant was pre-existing on the date of this Lease and has not been modified after the
date of this Lease.
b. Tenant shall have sole responsibility for the maintenance, repair, and security of
its equipment, personal property, Antennae Facilities, and leasehold improvements, and shall
keep the same in good repair and condition during the Lease term.
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C. Tenant shall install and maintain equipment in such a way that birds shall not be
able to roost, sit or nest in, on or around Tenant's equipment.
d. Tenant shall keep the Premises free of debris and anything of a dangerous, noxi-
ous or offensive nature or which would create a hazard or undue vibration, heat or noise.
e In the event Landlord or any other tenant undertakes painting, construction or
other alterations on the Tower, then such entity shall take measures at such entity's cost to avoid
causing harm to Tenant's equipment, personal property or Antennae Facilities and protect such
from paint and debris fallout which may occur during the painting, construction or alteration pro-
cess (such entity shall pay all costs to repair damage caused to Tenant's equipment, personal
property and/or Antennae Facilities) and shall give at least thirty (3 0) days prior written notice to
Tenant of such painting, construction or other alterations. Tenant shall take reasonable measures
at Tenant's cost to cover Tenant's equipment, personal property or Antennae Facilities and pro-
tect such from paint and debris fallout which may occur during the painting, construction or
alteration process.
Premises Access.
a. Tenant shall have access to the Premises by means reasonably designated by
Landlord, subject to notice requirements to Landlord in 8b., below.
b. Tenant shall have reasonable access to the Premises twenty-four (24) hours per
day, seven (7) days per week, in order to install, operate, and maintain its Antennae Facilities.
Tenant shall request access to the Premises twenty-four (24) hours in advance, except in an emer-
gency.
C. Upon at least five (5) days prior written notice to Tenant, Landlord shall be
allowed and granted access to the Premises at reasonable times to examine and inspect the
Premises for safety reasons or to ensure that Tenant's covenants are being met.
9. Utilities. Tenant shall, at its expense, separately meter charges for the consump-
tion of electricity and other utilities associated with its use of the Premises and shall timely pay
all costs associated therewith.
10. License Fees. Tenant shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or occasioned by
Tenant's use of the Premises.
11. Approvals: Compliance with Laws. Tenant's use of the Premises is contingent
upon its obtaining all certificates, permits, zoning and other approvals that may be required by
any federal, state or local authority. Tenant shall erect, maintain and operate its Antennae Facili-
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ties in accordance with applicable site standards, statutes, ordinances, rules and regulations now
in effect or that may be issued thereafter by the Federal Communications Commission or any
other governing bodies.
12. Interference. Tenant's installation, operation, and maintenance of its transmission
facilities shall not damage or unreasonably interfere in any way with Landlord's non -
telecommunications operations or related repair and maintenance activities or with such opera-
tions of other tenants. Tenant agrees to cease all such actions which materially interfere with
Landlord's use of the Tower promptly upon written notice of such actual interference, provided,
however, in such case, Tenant shall have the right to terminate the Lease. Landlord, at all times
during this Lease, reserves the right upon at least thirty (30) days prior written notice to Tenant,
to take any action it deems reasonably necessary, in its sole discretion, to repair, maintain, alter
or improve the Premises in connection with its operations as may be necessary.
Before approving the placement of Antennae Facilities, Landlord may obtain, at Tenant's
expense, an interference study indicating whether Tenant's intended use will interfere with any
existing communications facilities on the Tower and an engineering study indicating whether the
Tower is able to structurally support Tenant's Antennae Facilities without prejudice to Land-
lord's primary use of the Tower.
Landlord shall not permit interference with Tenant's communications operations by any
party who installs equipment on the Tower after Tenant or by any pre-existing party which modi-
fies its equipment after the date of this Lease. In the event any other party requests a lease and/or
permission to place any type of additional antennae or transmission facility on the Tower, the
procedures of the following paragraph shall be used to determine whether such antennae or
transmission facility is likely to interfere with Tenant's transmission operations. Landlord shall
in all circumstances require a minimum ten (10) foot separation between antennas.
If Landlord receives any such request, Landlord shall submit a proposal complete with all
technical specifications reasonably requested by Tenant to Tenant for review for noninterference;
however, Landlord shall not be required to provide Tenant with any specifications or information
claimed to be of a proprietary nature by the third party. The third parts; shall be responsible for
the reasonable cost of preparing the technical specifications for its proposed transmission facility.
Tenant shall have thirty (3 0) days following receipt of said proposal to make any objections
thereto, and failure to make any objection within said thirty (30) day period shall be deemed con-
sent by Tenant to the installation of Antennas or transmission facilities pursuant to said proposal.
If Tenant gives notice of objection due to interference during such thirty (30) day period and
Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with
such proposal unless Landlord modifies the proposal in a manner determined, in Landlord's
reasonable judgment and, subject to Tenant's reasonable approval, to adequately reduce the
interference. In that case, Landlord may proceed with the proposal.
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if256598.1
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Tenant's use and operation of its facilities shall not interfere with the use and operation of
other communication facilities on the Tower which pre-existed Tenant's facilities and/or which
have not been modified subsequent to the installation of Tenant's Antennae Facilities. If
Tenant's facilities cause interference, then after Tenant's receipt of written notice thereof, Tenant
shall take all measures reasonably necessary to correct and eliminate the interference. If the in-
terference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating
its facility until the interference has been eliminated. If the interference cannot be eliminated
within thirty (3 0) days, Tenant may terminate this Lease.
13. Default and Landlord's Remedies. It shall be a default if Tenant defaults in the
payment or provision of Rent or any other sums to Landlord when due, and does not cure such
default within ten (10) days after written notice thereof is received by Tenant from Landlord; or
if Tenant defaults in the performance of any other covenant or condition of this Lease and does
not cure such other default within thirty (30) days after receipt of written notice from Landlord
specifying the default complained of; or if Tenant abandons or vacates the Premises and fails to
pay the Base Rent hereunder; or if Tenant is adjudicated as bankrupt or makes any assignment
for the benefit of creditors; or if Tenant becomes insolvent.
In the event of a material default which is not cured during the applicable cure period,
Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy
Landlord may have by operation of law, with notice to re-enter the Premises and eject all persons
therefrom, and either (a) declare this Lease at an end, in which event Tenant shall immediately
remove the Antennae Facilities (and proceed as set forth in paragraph 4(c)) and pay Landlord a
sum of money equal to the total of (i) the amount of the unpaid rent accrued through the date of
termination, (ii) the amount -by -which the unpaid rent reserved for the balance of the term ex-
ceeds the amount of such rental loss that Tenant proves could be reasonably avoided (net of the
costs of such reletting); and (iii) any other amount reasonably necessary to compensate Landlord
for all detriment proximately caused by Tenant's failure to perform its obligations under the
Lease, or (b) without terminating this Lease, relet the Premises, or any part thereof, for the
account of Tenant upon such terms and conditions as Landlord may deem advisable, and any
monies received from such reletting shall be applied first to the expenses of such reletting and
collection, including reasonable attorneys' fees, any real estate commissions paid, and thereafter
toward payment of all sums due or to become due to Landlord hereunder, and if a sufficient sum
shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any
deficiency monthly, notwithstanding that Landlord may have received rental in excess of the
rental stipulated in this Lease in previous or subsequent months, and Landlord may bring an
action therefor as such monthly deficiency shall arise.
No re-entry and taking of possession of the Premises by Landlord shall be construed as an
election on Landlord's part to terminate this Lease, regardless of the extent of renovations and
alterations by Landlord, unless a written notice of such intention is given to Tenant by Landlord.
Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to
terminate this Lease for such previous breach.
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If suit shall be brought by Landlord for recovery of possession of the Premises, for the re-
covery of any rent or any other amount due under the provisions of this Lease, or because of the
breach of any other covenant, Tenant shall pay to Landlord all expenses incurred therefor,
including reasonable attorney fees.
14. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord
may at any time, after at least five (5) days prior written notice to Tenant, cure the default for the
account of and at the expense of Tenant. If Landlord is compelled to pay or elects to pay any
sum of money or to do any act which will require the payment of any sum of money or is com-
pelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or
defending any action to enforce Landlord's rights under this Agreement and Landlord is the pre-
vailing party, then the sums so paid by Landlord, with all interest, costs and damages shall be
deemed to be Additional Rental and shall be due from Tenant to Landlord on the first day of the
month following the incurring of the respective expenses.
15. Optional Termination. This Lease may be terminated in writing (a) by Tenant if it
is unable to obtain or maintain any license, permit, or other governmental approval necessary for
the construction and/or operation of the Antennae Facilities or Tenant's business, or if, due to
technological changes or for any other reason Tenant, in its sole discretion, determines that it will
be unable to use the Premises for Tenant's intended purposes by Tenant; (b) by Tenant if the
Landlord imposes taxes or fees upon Tenant's use and maintenance of the Tower; (c) by Land-
lord upon at least one (1) year's prior written notice to Tenant and only after the fifteenth (15th)
year of the lease term if Landlord decides, in its sole discretion and for any reason, to discontinue
use of the Tower; (d) by Landlord upon at least six (6) months prior written notice to Tenant, if it
determines, in its sole discretion and for any reason, that the Tower, based on a licensed
California engineer's structural analysis, is structurally unsound, including but not limited to
consideration of age of the structure, damage or destruction of all or part of the Tower from any
source, or factors relating to the condition of the Tower; (e) by Landlord upon at least six (6)
months prior written notice to Tenant, if it determines in its sole reasonable discretion that
continued use of the Tower by Tenant is in fact a threat to health, safety or welfare or violates
applicable laws or ordinances; or (f) by Landlord upon at least six (6) months prior written notice
to Tenant, at its sole discretion if Tenant loses its license to provide cellular service for any
reason, including, but not limited to, non -renewal, expiration, or cancellation of its license.
If, during the term of the Lease, there is a determination made pursuant to an order of the
Federal Communications Commission that Tenant's use of the Premises poses a human health
hazard which cannot be remediated, then Landlord may notify Tenant that Landlord terminates
this Lease, and this Lease shall terminate One (1) year after Tenant's receipt of such notice.
Upon termination of this Lease for any reason, Tenant shall remove its equipment, perso-
nal property, Antennae Facilities, and leasehold improvements from the Premises on or before
the date of termination, and shall repair any damage to the Premises caused by such equipment,
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normal wear and tear excepted; all at Tenant's sole cost and expense. Any such property or facil-
ities which are not removed by the end of Lease term shall become the property of Landlord.
16. Liquidated Damages: Termination. Notice of Tenant's termination pursuant to
paragraph 17(a) shall be given to Landlord in writing by certified mail, return receipt requested,
and shall be effective upon receipt of such notice. All rentals paid for the Lease of the Premises
prior to said termination date shall be retained by Landlord. Upon such termination, this Lease
shall become null and void and the parties shall have no further obligations to each other, except
that rental payments to Landlord shall continue as liquidated damages for the remainder of the
Lease term, not to exceed 100% of the annual rent for the year in which such termination occurs.
17. Alteration. Damage or Destruction. If the Tower or any portion thereof is altered,
destroyed or damaged so as to materially hinder effective use of the Antennae Facilities through
no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days'
written notice to Landlord. In such event, Tenant shall promptly remove the Antennae Facilities
from the Premises, repair any damage caused by such removal, normal wear and tear and damage
by casualty excepted. This Lease (and Tenant's obligation to pay rent) shall terminate upon
Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination
Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. Landlord and
Tenant shall have no obligation to repair any damage to any portion of the Premises which was
caused by casualty. Tenant shall have the right, but no obligation, to repair damage to the Premi-
ses/Tower in order to continue its operations on the Premises.
18. Condemnation. In the event the Owned Premises are taken by eminent domain,
this Lease shall terminate as of the date title to the Owned Premises vests in the condemning
authority. In the event a portion of the Premises is taken by eminent domain, Tenant shall have
the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written
notice to the other party. In the event of any taking under the power of eminent domain, Tenant
shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive
full amount of such award. Tenant shall hereby expressly waive any right or claim to any portion
thereof although all damages, whether awarded as compensation for diminution in value of the
leasehold or to the fee of the Premises, shall belong to Landlord, Tenant shall have the right to
claim and recover from the condemning authority, but not from Landlord, such compensation as
may be separately awarded or recoverable by Tenant on account of any and all damage to
Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equip-
ment, personal property, Antennae Facilities, and leasehold improvements.
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19. Indemnity and Insurance.
a. Disclaimer of Liability: Except to the extent caused by the negligence or inten-
tional misconduct of Landlord or of any agent, servant or employee of Landlord, Landlord shall
not at any time be liable for injury or damage occurring to any person or property from any other
cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, con-
dition or dismantling of the Premises or Tenant's Antennae Facilities.
b. Indemnification: Except to the extent caused by the negligence or intentional
misconduct of Landlord or of any agent, servant or employee of Landlord, Tenant shall, at its
sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied
and subsidiary entities of Landlord, now existing or hereinafter created, and their respective
officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred
to as "Indemnitees" ), from and against:
i. Any and all liability, obligation, damages, penalties, claims, liens, costs,
charges, losses and expenses (including, without limitation, reasonable fees and expenses
of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by
or be asserted against the Indemnitees by reason of any act or omission of Tenant, its per-
sonnel, employees, agents, contractors or subcontractors on the Premises, resulting in per-
sonal injury, bodily injury, sickness, disease or death to any person or damage to, loss of
or destruction of tangible or intangible property, libel, slander, invasion of privacy and
unauthorized use of any trademark, trade name, copyright, patent, service mark or any
other right of any person, firm or corporation, which arises out of or results from the con-
struction, installation, operation, maintenance, use or condition of the Premises by Tenant
or Tenant's Antennae Facilities or Tenant's failure to comply with any applicable federal,
state or local statute, ordinance o regulation governing Tenant's use of the Premises.
ii. Any and all liabilities, obligations, damages, penalties, claims, liens costs,
charges, losses and expenses (including, without limitation, reasonable fees and expenses
of attorneys, expert witnesses and other consultants), which are imposed upon, incurred
by or asserted against the indemnitees by reason of any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Tenant, it contractors or subcontrac-
tors, for the installation, construction, operation maintenance or use of the Premises or
Tenant's Antennae Facilities, and, upon the prior written request of Landlord, Tenant
shall cause such claim or lien covering Landlord's property to be discharged or bonded
within thirty (30) days following such request.
C. Defense of Indemnitees: In the event any action or proceeding shall be brought
against the Indemnitees by reason of any matter for which the Indemnitees are indemnified here-
under, Tenant shall, upon reasonable prior written notice from any of the Indemnitees, at
Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected
by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such mat -
#256598.1
ti
10
ter or behalf of the Indemnitees without the written consent of Landlord, which consent shall not
be unreasonably withheld or delayed, and provided further that the Indemnitees shall not admit
liability for, nor enter into any compromise or settlement of, any claim for which they are indem-
nified hereunder, without the prior written consent of Tenant.
d. Notice Cooperation and Expenses: Landlord shall give Tenant prompt notice of
the making of any claim or the commencement of any action, suit or other proceeding covered by
the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from coop-
erating with Tenant and participating in the defense of any litigation by Landlord's own counsel.
Tenant shall pay all reasonable expenses incurred by Landlord in response to any such actions,
suits or proceedings. These expenses shall include all reasonable out-of-pocket expenses such as
reasonable attorney fees and shall also include the reasonable value of any services rendered by
Landlord's attorney, and the actual reasonable expenses of Landlord's agents, employees or ex-
pert witnesses, and disbursements and liabilities assumed by Landlord in connection with such
suits, actions -or proceedings but shall not include attorneys' fees for services that are unneces-
sarily duplicative of services provided Landlord by Tenant.
If Tenant requests Landlord to assist it in such defense, then Tenant shall pay all reason-
able expenses incurred by Landlord in response thereto, including defending itself with regard to
any such actions, suits or proceedings. These expenses shall include all reasonable out-of-pocket
expenses such as attorney fees and shall also include the reasonable costs of any services ren-
dered by Landlord's attorney, and the actual reasonable expenses of Landlord's agents, employ-
ees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection
with such suits, actions or proceedings.
e. Insurance: During the term of the Lease, Tenant shall maintain, or cause to be
maintained, in full force and effect and at its sole cost and expense, the following types and
limits of insurance.
i. Worker's compensation insurance meeting applicable statutory require-
ments and employer's liability insurance with minimum limits of One Hundred Thousand
Dollars ($100,000) for each accident.
ii. Comprehensive commercial general liability insurance with minimum
limits of Five Million Dollars ($5,000,000) as the combined single limit for each occur-
rence of bodily injury, personal injury and property damage. The policy shall provide
blanket contractual liability insurance for all written contracts, and shall include coverage
for products and completed operations liability, independent contractor's liability; cover-
age for property damage from perils of explosion, collapse or damage to underground
utilities, commonly known as XCU coverage.
iii. Automobile liability insurance covering all owned, hired, and nonowned
vehicles in use by Tenant, its employees and agents, with personal protection insurance
11
#256599.1
and property protection insurance to comply with the provisions of state law with mini-
mum limits of Two Million Dollars ($2,000,000) as the combined single limit for each
occurrence for bodily injury and property damage.
iv. At the start of and during the period of any construction, builders all risk
insurance, together with an installation floater or equivalent property coverage covering
cables, materials, machinery and supplies of any nature whatsoever which are to be used
in or incidental to the installation of the Antennae Facilities. Upon completion of the
installation of the Antennae Facilities, Tenant shall substitute for the foregoing insurance
policies of fire, extended coverage and vandalism and malicious mischief insurance on
the Antennae Facilities. The amount of insurance at all times shall be representative of
the insurable values installed or constructed.
V. All policies other than those for Worker's Compensation shall be written
on an occurrence and not on a claims made basis.
Vi. The coverage amounts set forth above may be met by a combination of
underlying and umbrella policies so long as in combination the limits equal or exceed
those stated.
f. Named Insureds: All policies, except for business interruption and workers com-
pensation policies, shall name Landlord and all associated, affiliated, allied and subsidiary enti-
ties of Landlord, now existing or hereafter created, and their respective officers, boards, commis-
sions, employees, agents and contractors, as their respective interests may appear as additional
insureds (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to
add Additional Insureds hereunder, shall contain cross -liability wording, as follows:
"In the event of a claim being made hereunder by one insured for
which another insured is or may be liable, then this policy shall
cover such insured against whom a claim is or may be made in the
same manner as if separate policies had been issued to each insured
hereunder."
g. Evidence of Insurance: Certificates of insurance for each insurance policy re-
quired to be obtained by Tenant in compliance with this paragraph, along with written evidence
of payment of required premiums shall be filed and maintained with Landlord annually during
the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that
may result in liability to Landlord. Landlord shall immediately advise Tenant of any claim or
litigation that may result in liability to Tenant.
h. Cancellation of Policies of Insurance: All insurance policies maintained pursuant
to this Lease shall contain the following endorsement:
12
#256598.1
S
J
"At least sixty (60) days prior written notice shall be given to
Landlord by the insurer of any intention not to renew such policy
or to cancel, replace or materially alter same, such notice to be
given by registered mail to the parties named in this paragraph of
the Lease."
i. Insurance Companies: All insurance shall be effected under valid and enforceable
policies, insured by insurers licensed to do business by the State of California or surplus line car-
riers on the State of California Insurance Commissioner's approved list of companies qualified -
to -do business in the State of California. All insurance carriers and surplus line carriers shall be
rated A+ or better by A.M. Best Company.
j. Deductibles: All insurance policies may be written with deductibles. Tenant
agrees to indemnify and save harmless Landlord, the Indemnitees and Additional Insureds from
and against the payment of any deductible and from the payment of any premium on any insur-
ance policy required to be furnished by this Lease.
k. Contractors: Tenant shall require that each and every one of its contractors and
their subcontractors who perform work on the Premises to carry, in full force and effect, worker's
compensation, comprehensive public liability and automobile liability insurance coverages of the
type which Tenant is required to obtain under the terms of this paragraph with appropriate
reasonable limits of insurance.
1. Review of Limits: Once during each calendar year during the term of this Lease,
Landlord may review the insurance coverages to be carried by Tenant. If Landlord reasonably
determines that higher limits of coverage are necessary to protect the interests of Landlord or the
Additional Insureds, Tenant shall be so notified in writing and shall obtain the reasonable addi-
tional limits of insurance, at its sole cost and expense.
20. Hazardous Substance Indemnification. Except for Tenant's use of batteries, fire
protection systems and fuel for generators, Tenant represents and warrants that its use of the Pre-
mises herein will not generate any hazardous substance, and it will not store or dispose on the
Premises nor transport to or over the Premises any hazardous substance. Tenant further agrees to
hold Landlord harmless from and indemnify Landlord against any release of any such hazardous
substance on the Premises and any damage, loss, or expense or liability resulting from such re-
lease including all reasonable attorneys' fees, costs and penalties incurred as a result thereof ex-
cept any release caused by Landlord, its employees, agents, other tenants, licensees, occupants or
independent contractors. "Hazardous substance" shall be interpreted broadly to mean any sub-
stance or material defined or designated as hazardous or toxic waste, hazardous or toxic material,
hazardous or toxic or radioactive substance, or other similar term by any federal, state or local
environmental law, regulation or rule presently in effect or promulgated in the future, as such
laws, regulations or rules may be amended from time to time; and it shall be interpreted to in-
clude, but not be limited to, any substance which after release into the environment will or may
reasonably be anticipated to cause sickness, death or disease.
13
�zsssse.i
21. Holding Over. Any holding over after the expiration of the term hereof, with the
consent of Landlord, shall be construed to be a tenancy from month to month at two times the
rents herein specified (prorated on a monthly basis) and shall otherwise be on the conditions
herein specified, so far as applicable.
22. Subordination to Mortgage. Any mortgage now or subsequently placed by Land-
lord upon any property of which the Premises are a part shall be deemed to be prior in time and
senior to the rights of Tenant under this Lease and Tenant subordinates all of its interest in the
leasehold estate created by this Lease to the lien of any such mortgage; provided that every such
mortgagee shall recognize (in writing and in a form acceptable to Tenant's counsel) the validity
of this Lease in the event of foreclosure of Landlord's interest and also Tenant's right to remain
in occupancy and have access to the Premises for so long as Tenant is not in material default of
this Lease beyond any applicable cure period. Tenant shall, at Landlord's request, execute any
additional documents necessary to indicate this subordination.
23. Accotance of Premises. By taking possession of the Premises, Tenant accepts
the Premises in the condition existing as of the Commencement Date. Landlord makes no repre-
sentation warranty with respect to the condition of the Premises.
24. Estoppel Certificate. Tenant shall, at any time and from time to time upon not
less than twenty (20) days prior written request by Landlord, deliver to Landlord a statement in
writing certifying that (a) the Lease is unmodified and in full force (or if there have been modifi-
cations, that the Lease is in full force as modified and identify the modifications); (b) the dates to
which rent and other charges have been paid; (c) to the person making the certificate's actual
knowledge, without inquiry, Landlord is not in default under any provisions of the Lease.
25. Notices. All notices, requests, demands, and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested; to the following addresses:
14
#25^0598 1
ti
If to Landlord, to: City of Lodi
P. 0. Box 3006
Lodi, CA 95241
Attn. Richard Prima
With a copy to: City of Lodi
P. 0. Box 3006
Lodi, CA 94241
Attn: Sharon B laufus
If to Tenant, to: Sacramento -Valley Limited Partnership
AirTouch Cellular
255 Parkshore Drive
Folsom, California 95630
Attn: Real Estate Department
With a copy to: AirTouch Communications
Legal Department
2999 Oak Road, MS 1025
Walnut Creek, California 94596
26. Assignment.
a. Tenant may not assign this Lease or sublet the Premises without the prior written
consent of Landlord, which consent shall not be unreasonably withheld or delayed. Notwith-
standing the foregoing, however, Tenant shall not require Landlord's consent in order to assign
this Lease, or to sublease all or any portion of the Premises to Tenant's general partner, AirTouch
Cellular, or to any "affiliate" of AirTouch Cellular, or to any partnership in which AirTouch
Cellular or any "affiliate" of AirTouch Cellular participates. As used herein, an "affiliate" of
AirTouch Cellular shall mean any entity which controls, is controlled by, or is under common
control with AirTouch Cellular.
b. Subject to the terms hereof, nothing in this Lease shall preclude Landlord from
leasing other space for communications equipment to any person or entity which may be in com-
petition with Tenant, or any other party.
27. Successors and Assigns. This Lease shall be binding upon and inure to the benefit
of the parties, their respective successors, personal representatives and assigns.
28. Non -Waiver. Failure of Landlord to insist on strict performance of any of the
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights, but Landlord shall have the rights to enforce such rights at any time
and take such action as might be lawful or authorized hereunder, either in law or equity. The re -
15
#256598.1
ceipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a
waiver of such breach unless expressly set forth in writing.
29. Taxes.
a. Tenant shall pay its proportionate share of real property taxes, possessory interest
taxes and assessments for the Premises, if any, which become due and payable during the term
of this Lease. All such payments shall be made, and evidence of all such payments shall be
provided to Landlord, at least ten (10) days prior to the delinquency date of the payment. Tenant
shall pay all taxes on its personal property on the Premises, which become due and payable
during the term of this Lease.
b. Tenant shall indemnify Landlord from any and all liability, obligation, damages,
penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reas-
onable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed
upon, incurred by or be asserted against Tenant in relation to the taxes assessed on the personal
property of Tenant which is located on the Premises.
30. Miscellaneous.
a. Landlord and Tenant represent that each, respectively, has full right, power, and
authority to execute this Lease.
b. This Lease constitutes the entire agreement and understanding of the parties and
supersedes all offers, negotiations, and other agreements of any kind. There are no representa-
tions or understandings of any kind not set forth herein. Any modification of or amendment to
this Lease must be in writing and executed by both parties.
This Lease shall be construed in accordance with the laws of the State of Cali-
fornia.
d. If any term of this Lease is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Lease, which shall continue in full force and effect.
e. Tenant agrees to share on a square -footage prorated basis (400 square feet/54,014
square feet) in the reasonable costs to construct curb and gutter on the street frontage of the
Owned Premises and fencing or landscaping thereof, excluding, however, any and all cost asso-
ciated with Landlord's building and/or Tower improvements. Landlord agrees to provide reason-
ably detailed documentation substantiating all costs that Tenant is requested to share, and Tenant
shall have the right to approve all such costs, which approval shall not be unreasonably withheld
or delayed.
16
9256596.1
ti
This Lease was executed as of the date first set forth above.
LANDLORD:
CITY OF LODI
By:
Dixon. ;City .. get
By: h'
Alice M. Reim he, City Clerk
TENANT:
SACRAMENTO -VALLEY LIMITED PARTNERSHIP,
a California limited partnership
By: AirTouch Cellular, a California corporation
B.
Daniel V. Neumann
Director, Regional Network
Approved as to Form &qWMWA81r0F0RM
DOVqRVAPAW.i FiDHITS
Randall A. Hays, dtyktomey
17
#256598.1
L-
EXHIBIT A
LEGAL DESCRIPTION OF OWNED PREMISES
All those certain lots, pieces or parcels 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 line between the Southeast Quarter and the
Southwest Quarter of Section 1, Township 3 North, Range 6 East, Mount Diablo Base and
Meridian, both said lots being in Block 29, according to the official map or plat of the said City
of Lodi.
#256598.1 18
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EXHIBITS "B" AND "C"
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,"I Exhibit 2
FIRST AMENDMENT TO LEASE AGREEMENT
This FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is made this =L_ day of
20!_� by and between the City of Lodi, a municipal corporation ("Landlord"), and Sacramento -
Valley Limited Partnership Wb/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 I 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 is hereby supplemented with Exhibit
"B-1" attached hereto and incorporated herein by this reference. In the event of any discrepancies between Exhibit
"B" to the Lease and Exhibit "B-1" attached hereto, Exhibit'B-I" attached hereto shall control. Exhibit "C" of the
Lease is hereby deleted in its entirety.
3. RENT. Commencing upon the first day, of the month following the date Tenant begins installation
of tine 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 alt of T'enant's assets in the market defined by
Central Lodi
!02120! 1
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 terms 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: -, __
m — -- --
Nae: I(onradt Barltam
Title: 1iCity Manager
Date:-t.(�> _-�20 - I - -
Xr,rEST'
k,
Randi J
City Clerk
Date:3
Approved as to form
Central Lodi
10212013
TENANT:
Sacramento -Valley Limited Partnership
d/b/a Verizon Wireless
By AirTouch Cellular, Its General Partner
By: �~
Name: Brian Mecum
Title: Area Vice President Network
Date:
EXHIBIT "B-1"
PROPOSE
GENERATOR
LOCATION
INSTALL 3OKW DIESEL GENERATOR
W/ A ULI♦2 RATED FUEL TANK
-- ON NEW 6'x13' CONCRETE CONTAINMENT PID f
".�•--..... __ _ .-_ _ (SEE SHEEP A�J FOR DETAILS)
EXISTING VEAIZON
WIRELESS SHELTER
Fa�9nac auLOT�T; r !
EXISTING WATER TANK
WIn1 VERIZON WIRELESS j I
Z., ANTENNAS
_ r
r !
1'
OVERALL SITE PLAN
HOT TO SCALE f
i
PROPOSED GENERATOR
UTILITY ROUTE
i1
PROPOSED
r `�
Jrr — — --- — -- � GENERATOR
LO7
LOCATION
GENERATOR
. i76MID VAULT INSTALL
xl'
E)oST1NG ELECTRICAL PAINT 1 W/ A U RATED FUEL TANK
i ON NEW 6 6'x13' CONCRETE CONTAINMENT PAD
(SEE SHEET A-3 FOR DETAILS)
ABANDONED EJOSnNG FENCE
STORY DRAIN \O
' I EXISTING FENCES
!. EXISTING ELECTRICAL PAINT
EXISTING STORY -f
Cf
DRAIN NOT LOCATED
ON PREVIOUS U/G
J) EXISTING WATER PAINT UTILITY SURVEY
EXISTING. 1) STORY DRAIN
$pg, TO VERIFY
- i � R DEPTH
PRIOR TO PLACEMENT OF NEW
R WATER TANK
PAD. NOTIFY HMH
DESIGN OFO ANY DISCREPANCIESII WITHSVERZON WIRELESS
ANTENNAS EXISTING CONCRETE PAD
W/ CABINETS
EXISTING FENCE
ENLARGED SITE PLAN
NOT TO SCALE
Central Ludt
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO;
Downey Brand I,LP
621 Capitol Mall, I W" Floor
Sacramento, CA 95814
Attn: Michael O. Gualco, Esq.
(Site Name: Central Lodi)
(Space above this line (lir Recorders use )
MEMORANDUM OF FIRST AMENDMENT TO LEASE AGREEMENT
THIS MEMORANDUM OF FIRST AMENDMENT 1-0 LEASE AGREEMENT is made
this ;?day of . 206 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 4AW 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".
I. 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, subject
to further extension pursuant to the terms of the Agreement. A memorandum of 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 ("Memorandum"). Landlord and Tenant
now enter into a First Amendment to Lease Agreement (the "Amendment'"). dated
The Amendment provides. arrron_ other matters. that the size of the Premises shall be expanded.
2. Landlord hereby Ieases to Tenant a portion of that certain space on the Landlord's
Tower, located at 114 North Main Street. Lodi. San Joaquin County, as shown on the 'Fax 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
<clenerator, 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 (collectively the
"Premises"). The depiction of the Premises attached as Exhibit B to the Memorandum is hereby
supplemented with the attached Exhibit B -I showing the expanded Premises.
3. The Commencement Date of the Agreement, of which this is a Memorandum. is
July 1. 1999.
Central Lodi
0_]690 1
4. The terms. covenants and provisions of the Aorecinent, the terms of' wllic;h arc
hereby incorporated by relerence into this Memorandum, shall extc--nd to and he binding ulwn the
respective executors, administrators, heirs, successors and assigns of I-midlord and -Tenant.
IN WITNI-M WlIf",RF'10I , hereunto and to a duplicate }lercor. Landlord and Tenant have
C8L1scd this Memorandum to be duly executed on the date first Nvi-itten hereinabove.
City of. Lodi, a 117L1111C1pal corporation
13y:
Name, konradt Barltain
"Title: 1-1i-�er-klti City Manager
llatc:.----
A'1"1'IsST:
F
Rand1 .,Pohl
City Clerk
pp o ied w to Itarmy
City At 6rncy
CCD(: -al Lodi 2
1022(,91),l
TENANT:
Sacramento -Valley Limited Partnership
d/b/a Verizon Wireless
By Airl'ouch Cellular, Its General Partner
L3Y:----
Nainc: 'BrUill MOCL1111
'!'itIc_ Arca Vice Pi-csidwA Network
Date:
EXHIBIT "B-1"
OrF?1tNt 67i'1�".Yf}7rE:4£{E CpNTM,1•@rr[ MA
EXISTING '&RIZON
YAtRELESS SHELTER
e
1:] r EX!$TING WATER TANK, r I
.! AN
— VERiZON 14!R£Li55 Y j ,
2 ANNAS I
-N Exis—ING
I 6UILDING t:
i{{t fI OVERAI L SITE _ PLAN
1 NOT TO SCALE
i+
f
j 1 l PROPOSED GENERATOR
SI =.
tmi-,Tl ROUTE
EXISTING VAULT - qq ;NSPA;.30fiY DIESE
EL GENERATOR
[ Y,IS i"ING EL i 'W/ A UL142 :RATED FUEL TANK,
�..TRIc,AL FAIN? 04 4,W 6'x13' CONCRETE CONTAINMENT PAL
(SEC SHEET A--3 FOR DETAILS)
I ,
f ._. -
mom ..�
} EXISTING ELECTRICAL .PAINT � �!
Eirl�+riv� H1A �r
*1. flpJROTI'WssdC�=�.
1 1 : _ EXlST1,4C WAT5R PAINT VeY
EY
ISTING WATER T"K 1�Q'I
'A,TH �P.IZON 1'AHE�SS ,
! r ANTENNAS . 1 ^ p' iIHR;OD71CYifiiE PAO
EXISTING FENCE
----------
ENLARGED SITE PLAN 1
i r , NOT TO SCALE I '
Tf
NOTARY ACKNOWLEDGMENT
S1)\TF0FC/\l.DOKN[/\
COUNTY ()|'ORANGE.
011� " _ bck�o:n�u`_�_'������� u Notary
PuhDc` pcmonoUy appeared Brian MCcunu who provcd to ruu on the basis 01,mtis
evidence to be the pcmon vdAo.SC nunnu is yohsurbod to the within iostnuooco{ and ocknovJedood
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;S'On # 1989721
V PUDItc California
all oaquin County
27.2016
RESOLUTION NO. 2014-153
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO
THE LEASE AGREEMENT WITH VERIZON WIRELESS FOR
GROUND SPACE AT 114 NORTH MAIN STREET
WHEREAS, 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 North Main Street for use in its communication business ("Lease Agreement"); and
WHEREAS, on July 7, 2010, City Council approved an amendment to the Lease
Agreement, which added an additional 205 square feet of ground space for the placement of an
enclosed emergency generator and added an additional $250 to its monthly lease payment; and
WHEREAS, the Lease Agreement, as amended, expired on June 30, 2014, and Verizon
Wireless is requesting a five-year extension to the Agreement, with the option of two successive
five-year extensions; and
WHEREAS, Verizon Wireless currently pays the City of Lodi $1,260.66 per month in
lease rent, increased annually by 4 percent, and the amendment calls for an additional $500 per
month for the extension periods, in addition to the annual increase of 4 percent.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 2 to the Lease Agreement with
Verizon Wireless for ground space at 114 North Main Street, Lodi, with the following provisions:
1. The Term of the Lease Agreement is extended for up to three additional and successive
five-year periods.
2. The Lease Agreement shall automatically be extended for each period unless Verizon
Wireless provides written notification to City 90 days prior to expiration of the term.
3. Verizon Wireless will pay City an additional $500 per month for the additional extension
periods, subject to an annual 4% increase.
BE IT FURTHER RESOLVED that all other terms and conditions of the Lease
Agreement shall remain the same.
Dated: August 20, 2014
I hereby certify that Resolution No. 2014-153 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 20, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Jr' . ROBISON
Ci y Clerk
2014-153