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20090505 CC SR Extension to Lease Agreement Fourth Amendment Verizon Wireless H PALOS VERDES • • Urjccd/6f: • LIIIRANC O MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CAROLYNN PETRU, DEPUTY CITY MANAGEIM DATE: MAY 5, 2009 SUBJECT: EXTENSION TO LEASE AGREEMENT WITH VERIZON WIRELESS ASSOCIATED WITH THE MONOPOLE AT CITY HALL REVIEWED: CAROLYN LEHR, CITY MANAGER RECOMMENDATION Approve the Fourth Amendment to the Lease Agreement with Verizon Wireless to extend the term of the agreement to June 30, 2010. DISCUSSION 41iVerizon Wireless owns the telecommunications monopole located at City Hall. In 1998, the City entered into a 20-year lease with Verizon Wireless (then AirTouch Cellular)for the area where the pole is located, as well as space inside the City Hall building for its support equipment. In addition to Verizon, AT&T Wireless and Southern California Edison have also co-located on the tower since it was installed and have leased equipment space from the City. In February 2008, at the end of the initial 20 year lease term, the Council extended Verizpn's lease to June 30, 2009 in order to be contemporaneous with Edison's lease, which was due to expire on the same date. However, Edison had one remaining option to extend its original lease, which it exercised in January this year, thereby extending its lease to June 30, 2014. Although Verizon is requesting an extension until June 30, 2014, staff recommends a one year extension to June 30, 2010. This action will automatically extend the associated Conditional Use Permit to the same date. Staff recommends this action in order to maintain maximum control regarding the location of the monopole as the City moves forwarded with plans for a new City Hall. Staff is also working on an amendment to the lease with AT&T, which will be brought back to Council prior to June 30, 2009 and will likewise be recommending a one-year extension. Attachments: Fourth Amendment to Lease Agreement Letter from Core Communications for Verizon Wireless dated February 24, 2009 6-1 { 41b FOURTH AMENDMENT TO LEASE AGREEMENT THIS FOURTH AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into and effective as of the 21st day of April 2009, by and between the CITY OF RANCHO PALOS VERDES ("LESSOR") and LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership d/b/a Verizon Wireless ("LESSEE"), of One Verizon Way, Basking Ridge, Mail Stop 4AW 100, New Jersey 07920. RECITALS A. LESSOR is the owner of that certain real property ("LESSOR'S Property) located at 30940 Hawthorne Boulevard, in the City of Rancho Palos Verdes, in the County of Los Angeles, California. B. LESSOR and LESSEE are parties to that certain Building Lease Agreement and Addendum to Building Lease Agreement, each dated February 16, 1988, the Second Amendment to Lease Agreement dated January 17, 1995 and the Third Amendment to Lease Agreement dated February 19, 2008 (as amended, the "Lease"), pursuant to which LESSEE is leasing from LESSOR a portion of • LESSOR'S Property (the "Property"). Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to them in the Lease. C. LESSOR and LESSEE now desire to amend the Lease on the terms and subject to the conditions of this Amendment. AGREEMENT In consideration of the foregoing recitals and the mutual representation, warranties, covenants and conditions set forth in the Lease and herein, the parties, intending to be legally bound, agree to amend the Lease as follows: 1. With respect to Article 3 ("Term and Rent") of the Lease, a new subsection D is hereby amended to read in its entirety as follows: D. The term of the Lease is hereby extended from June 30, 2009 to June 30, 2010. 6-2 • 4 IN WITNESS WHEREOF, the parties hereto have entered into this Amendment to Lease as of the date set forth above. LESSOR: LESSEE: CITY OF RANCHO PALOS VERDES LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership, d/b/a Verizon Wireless By: By: AirTouch Cellular, Name: Larry Clark its General Partner Title: Mayor Keith S u rratt West Area Vice President- Network resident- Network ATTEST: By: Name: Carla Morreale Title: City Clerk 411 6-3 0 0 .. 2903-H Saturn.Si, 4,,,,i...:.%,,,, Brea,CA.92821 (714)729-8404 Office $-„,,....„.7 ' ._r (909)938,3220 Mobile COMMUNICATIONS (714)333-4441 Fax e-mail:avalencia©corecorngroup.com February 24,2009 Carolynn Petru Rancho Palos Verdes Via email:carolynn@rpv.com RE: Verizon Wireless Project—RPV City Hall Dear Carolynn, Please accept this Jotter as confirmation of Verizon Wireless's lnteresttaextending.their lease agreement the city of Rancho"Palos Verdes. Verizon Wireless would like to extend the Lease to June 30,2014. .. Please feel free to contact me if you should require additional information. .. .. . .. . — ' • fillie (va.ce Arno!...ale',. 'a . VP R . -z•--te Acquisitions 1 III 6-4