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Home My WebLink About2013-09-8084ORDINANCE NO. 2013-09-8084 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING THE SECOND AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT BY AND BETWEEN THE CITY OF PADUCAH AND NEW CINGULAR WIRELESS PCS, LLC SUCCESSOR IN INTEREST TO BELLSOUTH MOBILITY LLC TO ALLOW ADDITIONAL ANTENNAS AND RELATED EQUIPMENT ON A PORTION OF THE 800 MHz TOWER LOCATED AT 510 CLARK STREET, PADUCAH, MCCRACKEN COUNTY, KENTUCKY, AND AUTHORIZES THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, the City of Paducah and New Cingular Wireless PCS, LLC, (or its affiliate or predecessor -in -interest) entered into an Tower Option and Lease Agreement dated October 15, 2001 and Amendment to Tower Option and Lease Agreement dated November 12, 2001 for certain Premises, therein described, that are a portion of the Property located at 510 Clark Street Paducah, Kentucky 42003; and WHERAS, the City and New Cingular desire to amend the Agreement to allow for the installation of additional antennas, associated cables and associated communication equipment; and WHEREAS, the City and New Cingular desire to adjust the rent in conjunction with the modifications to the Agreement contained herein; and WHEREAS, the City and New Cingular desire to amend the Agreement to modify the notice section thereof; and WHEREAS, the City and New Cingular in their mutual interest, wish to amend the Agreement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. Recitals and Authorization. The City hereby approves the Second Amendment To Tower Option and Lease Agreement among the City and New Cingular Wireless PCS, LLC successor in interest to BellSouth Mobility, LLC, (the "Second Amendment") in substantially the form attached hereto as Exhibit A and made part hereof. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Second Amendment for the purposes therein specified, and the execution and delivery of the Second Amendment is hereby authorized and approved. The Mayor of the City is hereby authorized to execute the Second Amendment, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Second Amendment with such changes in the Second Amendment not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. The approval of such changes by said official, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of such Second Amendment by such official. Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission EXHIBIT A TO ORDINANCE Market: Tennessee/Kentucky Cell Site Plumber. EV3125 Cell site Name: Paducah Downtown Relo Fixed Anct Number: 10019949 SECOND AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT THIS SECOND AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between the City of Paducah, having a mailing address of 300 South 5t' Street, Paducah, KY 42002-2267 ("Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to Bell outh Mobility LLC, having a mailing address of Suite 13-F West Tower, 575 Morosgo Drive, Atlanta, GA 30324 ("Tenant"). WHEREAS, Lessor and Tenant (or its affiliate or predecessor -in -interest) entered into an Tower Option and Lease Agreement dated October 15, 2001 and an Amendment to Tower Option and Lease Agreement dated November 12, 2001 for certain Premises, therein described, that are a portion of the Property located at 510 Clark Street, Paducah, Kentucky 42003 (collectively, the "Agreement"); and WHEREAS, Lessor and Tenant desire to amend the Agreement to allow for the installation of additional antennas, associated cables and associated communication equipment; and WHEREAS, Lessor and Tenant desire to adjust the rent in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Lessor and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Lessor and Tenant, 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 Tenant agree as follows: 1. Antennas and Equipment. Lessor consents to the installation and operation of the proposed antennas, associated cables and. equipment=as-more completely described on attached Exhibit A- l. Lessor's execution of this Amendment will signify Lessor's approval of Exhibit A -l. Exhibit A-1 hereby supplements Exhibit A to the Agreement. 2. Rent. Commencing on the first day of the month following the date that Tenant commences construction of the modifications set forth in this Amendment, Rent shall be increased by Four Hundred Fifty and No/100 Dollars ($450.00) per month, subject to further adjustments as provided in the Agreement. 3. Notices. Section 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 recdived, refused or returned undelivered. Notices will be addressed to the parties as follows. If to Tenant: AT&T Network Real Estate Administration Re: FA No: I0019949 Suite 13-F West Tower Morosgo Drive N f` Atlanta, GA 30324 With the required copy of legal notice sent to Tenant at the address above, a copy to the Legal Department: AT&T Legal Department - Network Attn: Network Counsel Re: FA No: 10019949 208 S. Akard Street Dallas, TX 75202-4206 If to Lessor: City of Paducah 300 South 5d' Street Paducah, KY 42002-2267 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. 4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly set forth in this Second 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 Second Amendment. 5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. M WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Second Amendment on the dates set forth below. "LESSOR" City of Paducah By: Name: Title: Date: STATE OF KENTUCKY ) } ss: COUNTY OF McCRACKEN ) On the day of August, 2013 before me personally appeared of the City of Paducah and acknowledged under oath that he is the Lessor named in the attached instrument and that he executed the same as a voluntary act and deed of the Lessor for the purposes therein contained Notary Public: My Commission Expires: "TENANT" New Cingular Wireless PCS, I.,LC By: AT&T Mobility Corporation Its: Manager By: Name: Terry R. Kilgore Title: Area Manager Real Estate and Construction Date: CA rA STATE OF GEORGIA ) )ss: COUNTY OF FULTON ) � zp��cti►be�r On the 1 U L4, day of AQgtist, 2013 before me personally appeared Terry R. Kilgore , and acknowledged under oath that he is the Area Manager—Real Estate and Construction of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public:-�c)Qm..E Zap r27say My Commission Expires: 7 �115, RQBERT fee AILY '"i°Hecou11, ;.�, Market: TennessedKentucky Cell Site Number: EV3125 Cell Site Name: Paducah Downtown Relo Fixed Asset Number: 10019949 Exhibit A-1 1. Six (6) Andrew DBXLH-9090C Panel Antennas (or equivalent) 2. Twelve (12) Andrew ETD819G-12UB `Power Mounted Amplifiers (or equivalent) 3. Twelve (12) 1-5/8" Coaxial Cables 4. 'Three (3) Andrew SBNH-1D6565C Panel Antennas (or equivalent) 5. Three (3) Kathrein KRC118048-1 Panel Antennas (or equivalent) 6. One (1) Andrew ATJB200-A01-007 Junction Box 7. Six (6) Ericsson RRUS-11 (Band 12) Radios (or equivalent) 8.. Two (2) Raycap DC6-48-16-18-8f Surge Suppressors 9. Two (2) 3/4" Power Cables 10. One (1) 3/8" Fiber Cable 11. One (1) 3/8" RET Control Cable