HomeMy WebLinkAboutResolutions - No. 2017-10RESOLUTION NO. 2017-10
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT
WITH NCWPCS MPL 24 — YEAR SITES TOWER HOLDINGS, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, BY AND THROUGH ITS ATTORNEY-IN-FACT,
CCATT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR OPTION AND
SITE LEASE AGREEMENT AT 1331 SOUTH HAM LANE
WHEREAS, the original term of this lease was five years, commencing April 24, 1995,
and ending April 30, 2000; and
WHEREAS, the lease provided an option for five extensions of five years each, of which
four have been exercised by the tenant. The fifth and final extension would have the lease term
set to expire on April 30, 2025; and
WHEREAS, the tenant has requested an amendment to this lease that would extend the
term by five additional five-year extensions, extending the lease to April 30, 2050; and
WHEREAS, the current lease provides for rent escalation every five years that is tied to
the Consumer Price Index. The amendment would change the rent escalations to an annual
adjustment of three percent; and
WHEREAS, the Amendment includes a one-time rent increase on May 1, 2025 of
10 percent of the monthly rent in effect for the preceding month; and
WHEREAS, the tenant has agreed, as a part of this amendment, to pay a $50,000 one-
time signing bonus to the City of Lodi within 60 days of full execution of the Amendment; and
WHEREAS, staff recommends that the City Council authorize the City Manager to
execute an Amendment to the Lease Agreement with NCWPCS MPL 24 — Year Sites Tower
Holdings, LLC, a Delaware Limited Liability Company, by and through its Attorney -In -Fact,
CCATT, LLC, a Delaware Limited Liability Company, for option and site Lease Agreement at
1331 South Ham Lane.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute an Amendment to the Lease Agreement with NCWPCS
MPL 24 — Year Sites Tower Holdings, LLC, a Delaware Limited Liability Company, by and
through its Attorney -In -Fact, CCATT, LLC, a Delaware Limited Liability Company, for option and
site Lease Agreement at 1331 South Ham Lane.
Dated: February 1, 2017
I hereby certify that Resolution No. 2017-10 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 1, 2017 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
SXNIFER�11FIERRAIOLO
City Clerk
2017-10