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Home My WebLink AboutMO #2546 (2545 Skipped in numbering)MUNICIPAL ORDER NO. 2546 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND AT&T TO PLACE CELLULAR EQUIPMENT ON THE CITY -OWNED TOWER AT 510 CLARK STREET WHEREAS, the City and AT&T have an existing lease agreement, established in 2001, permitting AT&T to place cellular equipment on the City -owned tower at 510 Clark Street for a monthly fee; and WHEREAS, the lease allows for an equipment shelter in the City -owned gravel lot next to the 911 Center; and WHEREAS, there have been four (4) amendments to the lease since 2001 as approved by Ordinance Numbers 2016-2-8348, 2015-4-8230, 2013-9-8084, and 2001-10-6445; and WHEREAS, AT&T has requested a fifth amendment to allow for the placement of the generator and increases the amount of leased space by 80 square feet; and WHEREAS, the City and AT&T now desire to amend the agreement to allow for the addition of a generator, increase the amount of leased space, and increase the monthly rent. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute the Fifth Amendment to Tower Option and Lease Agreement in substantially the form attached hereto and made part hereof _ (Exhibit A). SECTION 2. This Order shall be in full force adoption. George Bray, ATITE T: Lindsay Parish; ity Clerk Adopted by the Board of Commissioners, March 8, 2022 Recorded by Lindsay Parish, City Clerk, March 8, 2022 \mo\Lease Amendment ATT 2022 from and after the date of its Market: Tennessee/Kentucky Cell Site Number: EV3125 Cell Site Name: PADUCAH DOWNTOWN RELO Fixed Asset Number: 10019949 FIFTH AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT THIS FIFTH AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between City of Paducah having a mailing address of 510 Clark Street, Paducah, KY 42003 ("Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319, successor in interest to BellSouth Mobility LLC ("Lessee"). WHEREAS, Lessor and Lessee ( or their predecessors -in -interest) are parties to the certain Tower Option and Lease Agreement dated October 15, 2001, as amended by Amendment to Tower Option and Lease agreement dated November 12, 2001, as amended by Second Amendment to Tower Option and Lease Agreement dated September, 24, 2013, as amended by Third Amendmentto Tower Option and Lease Agreement dated 5/20/2015, as amended by Fourth Amendment to Tower Option and Lease Agreement dated 2/12/2016 (hereinafter, collectively, the "Agreement"), whereby Lessor leased to Lessee certain premises ('Premises"), therein described, that are a portion of the property (Property") located at 510 Clark Street, Paducah, KY: and WHEREAS, Lessor and Lessee desire to amend the Agreement to increase the size of the Premises pursuant to the terms and conditions as set forth herein; and WHEREAS, Lessor and Lessee desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. New Premises Area. Lessor agrees to increase the size of the Premises leased to Lessee by 5'x16' to accommodate Lessee's needs. Total lease area changing from 800 sq. ft. to 880 sq. ft. Upon the execution of this Amendment, Lessor leases to Lessee the additional premises described on attached Exhibit B (`New Premises Area"). Lessor's execution of this Amendment will signify Lessor's approval of Exhibit B. The Premises under the Agreement prior to this Amendment shall be referred as the "Premises" (collectively the Premises and the New Premises Area shall be referred to as the "Combined Premises"). 2 Generator. Lessee shall have the right to install, repair, maintain, modify, replace, remove, utilize and operate (including but not limited to operate as may be required by applicable law) equipment within the New Premises Area, including without limitation a concrete pad and generator thereon, including back-up power supply. Lessee shall have the right to access the New Premises Area, and any provisions in the Agreement governing access shall apply to such access. The generator shall remain the property of Lessee, and Lessee shall have the right to remove or modify it at any time with prior approval from Lessor which will not be unreasonably withheld. a Rent. Licensor and Licensee agree that pursuant to the fee rate set forth in Section 2 of Agreement, License shall increase by two hundred twenty-nine and 19/100 dollars ($229.19) per month, effective the first of the month following the commencement of construction and shall be subject to the same escalation 10% per Renewal Term as set forth in the Section 4 of the Agreement. 4. Use. Lessee shall have the right to install and maintain cables from its equipment within the New Premises Area to its equipment within the compound area of the Premises within spaces and pathways mutually agreed to by the parties, agreement of Lessor not to be unreasonably withheld, delayed or conditioned on payment of additional consideration. 5. Other. Lessor represents and warrants that, to its knowledge, no conditions exist within the New Premises Area or otherwise on the property where the Premises and New Premises Area are located that would adversely impact Lessee's permitting and/or installation of a generator within the New Premises Area. Lessor authorizes Lessee to prepare, execute and file all required applications to obtain any government approvals for Lessee's use of the New Premises Area under this Agreement and agrees, at Lessee's request, to reasonably assist Lessee with such applications and with obtaining and maintaining the government approvals. Where applicable law governs how the generator will be used, Lessee may only use the generator in the manner set forth in applicable law. Lessee may terminate this Amendment by written notice to Lessor upon one hundred twenty (120) days' notice. The rent increase set forth in Section 4 shall not take effect or shall be cancelled, as applicable, following any such termination. Before termination of the Amendment and/or lease, Lessee shall remove its equipment from the New Premises Area; provided that any portions of the equipment that Lessee fails to remove within such period and cessation of Lessee's operations at the New Premises Area shall be deemed abandoned, which Lessor may remove at Lessee's cost. Lessee shall repair any damage, less ordinary wear and tear, to the New Premises Area caused by its removal activities. 6 Notices. Paragraph 21 of the Agreement 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. If to Licensor: City of Paducah 510 Clark Street Paducah, KY, 42002 If to Licensee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # EV3125 Fixed Asset #:10019949 Lenox Park Blvd NE 3`d Floor Atlanta, GA 30319 With copy to: New Cingular Wireless PCS, LLC Attn: Legal Departme in Re: Cell Site # EV3125 Cell Site Name: Paducah DT Relo Fixed Asset #: 10019949 AT&T Legal Department — Network 208 S. Akard Street Dallas, TX 75202-4206 The copy sent to the AT&T Legal Department is an administrative step which alone does not constitute legal notice. 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 providedherein. 7. Other Terms and Conditions Remain. In the event of any inconsistencies between the Original Lease Agreement, any existing Amendments to the Agreement, and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. & Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Fifth Amendment to Tower Option and Lease Agreement on the dates set forth below. LESSOR: LESSEE: City of Paducah New Cingular Wireless PCS, LLC, aDelaware limited liability company By: Print Name: Date: By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date: