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HomeMy WebLinkAbout17-046 - ADMIN Resolution - City Council - 2017/03/06RESOLUTION NO. 17-046 RESOLUTION APPROVING PROPOSED AMENDED AND RESTATED ANTENNA LEASE AGREEMENT WITH T -MOBILE CENTRAL LLC ON CITY WATER TOWER LOCATED AT 8301 W. 34TH STREET WHEREAS, the City of St. Louis Park City ("City") and T -Mobile Central LLC ("Lessee"), or their predecessors in interest, are parties to a Water Tower Antenna Agreement dated July 15, 1996, Amendment No. 1 dated November 5, 1996, and Amendment No. 2 dated August 3, 2015 ("Prior Agreement") whereby City has leased a portion of City's real property (the "Property") and Water Tower to Lessee, along with access and utility rights; and WHEREAS, the Prior Agreement expired on December 31, 2016; and WHEREAS, City and Lessee desire to enter into a new Amended and Restated Agreement ("Agreement) to (i) continue wireless service using the existing in-place antennas and equipment from the Prior Agreement located on the Water Tower and (ii) space under the Water Tower for the Lessee's Ground Equipment. BE IT RESOLVED, that the City Council of St. Louis Park approves the terms, covenants and conditions of this Agreement, the City agrees to continue leasing to Lessee (i) space on the Water Tower as shown on the Plans and Specifications for Lessee's Tower Equipment and (ii) space under the Water Tower for the Lessee's Ground Equipment; and BE IT FURTHER RESOLVED, the initial term of this Lease shall be for five (5) years beginning on January 1, 2017 (the "Commencement Date"), and ending at midnight on December 31, 2021 ("Initial Term"). The Lessee shall have the right to extend the term of this Lease, subject to the terms and conditions of this Lease, for two (2) additional five (5) year terms (each of said five (5) year terms is referred to as a "Renewal Term"); and BE IT FURTHER RESOLVED, commencing January 1, 2017, LESSEE shall pay City, as rent, the sum of Thirty -One Thousand Eight Hundred Eight and 70/100 Dollars ($31,808.70) per year (*"}hent"). Rent shall be paid before January 1 of each year. Commencing on January 1, 2018, and ehcA January 1 thereafter, the annual Rent shall increase by five percent (5%). for Manager Attest: Mel' sa KennMy, Cify Clerk by the City Council March 6, 2017 r