CC - Item 4A - Proposed Addendum to Ground Lease Agreement between city and AT&T located at 9101 MissionWALLIN, KRESS, REISMAN & KRANITZ
LAW OFFICES
2800 TWENTY-EIGHTH STREET, SUITE 315
SANTA MONICA, CALIFORNIA 90406-6206
TELEPHONE (310) 950-9562
FACSIMILE (310) 450-0506
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
RE: PROPOSED ADDENDUM TO GROUND LEASE AGREEMENT BETWEEN
THE CITY AND AT&T WIRELESS FOR PROPERTY LOCATED AT
9101 MISSION DRIVE
DATE: JUNE 2, 2004
As you will recall, the Council, in 2001, approved an amendment to this lease that allowed
AT&T Wireless to install an additional antenna and build a small accessory structure. The
amendment also extended the term of the lease through 2009.
After installing the additional antenna and equipment, AT&T Wireless determined that the
additional antenna and equipment were not necessary, and as permitted by the lease, rescinded the
amendment and removed the additional equipment and structure.
The lease for the single monopole antenna at 9101 Mission Drive is now set to expire on
December 15, 2004. AT&T Wireless has asked for a renewal term of five (5) years which would
extend the term through December 15, 2009. All of the same terms and conditions would
continue including the annual cost of living adjustment of the rental amount.
There have been no problems associated with the location of the existing antenna, which
was first placed in 1989.
• RECOMMENDATION
It is recommended that the City Council approve the Fifth Addendum to Ground Lease
between AT&T Wireless and the City of Rosemead.
CIOUNC!L. N IC:TZ a
JUN 0 8 2004
ITEM No. 7~._/L
FIFTH ADDENDUM TO GROUND LEASE
THIS ADDENDUM ("Addendum"), effective as of December 15, 2004
amends that certain lease ("Lease") dated December 15, 1989, entered into by and
between the CITY OF ROSEMEAD, municipal corporation, as landlord
("Landlord") and LOS ANGELES CELLULAR TELEPHONE COMPANY, a
California general partnership, now known as AB Cellular LA, LLC, a Delaware
limited liability company D/B/A AT&T Wireless as tenant ("Tenant").
In consideration of the extension of the Lease and other good and valuable
consideration, the value and sufficiency of which is hereby acknowledged the
parties hereto understand, acknowledge and agree that the Lease is hereby
modified and supplemented as follows:
Addendum Amends Lease. It is the intention of the parties that the terms
of this Fifth Addendum shall supplement and amend the provisions contained in
the Lease and the Second and Third Addendums and that in the case of any
inconsistency, either express or by implication, the terms of this Fifth Addendum
shall control.
Addendum 37: Additional Term of Five (5) Years. Pursuant to the provisions
of the Lease, as amended by the Addendum, the parties hereto agree to extend the
term of the Lease for an additional tenn of five (5) years, commencing on
December 15, 2004 and ending on December 14, 2009. All other terms of the
Lease, including the rental and cost of living rental adjustment provisions, shall
remain the in full force and effect.
LANDLORD:
CITY OF ROSEMEAD
BY:
Mayor
ATTEST:
City Clerk
TENANT:
AB Cellular LA, LLC, a Delaware
limited liability company, d/b/a
AT&T Wireless
By: LIN Cellular Communications
Corporation, a California
corporation, its Member
BY:
Title: Randy Kilgore
Real Estate Manager CA/HI