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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AT&T Wireless determined that the additional antenna and equipment were not necessary, and as permitted by the lease, rescinded the amendment and removed the additional equipment and structure.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