CC SR 20210216 F - Monopole Lease ExtensionCITY COUNCIL MEETING DATE: 02/16/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to grant a retroactive three-year extension of the City
Hall monopole lease agreement with Verizon Wireless
RECOMMENDED COUNCIL ACTION:
(1) Approve a retroactive three-year extension of the lease agreement with Verizon
Wireless (VZW) until June 30, 2022 thereby increasing the annual base rent to
$108,000 and to thereafter increase base rents by 5% annually, and to require
aesthetic and painting enhancements, and termination amendments for its
existing wireless telecommunications facilities on the City Hall monopole.
FISCAL IMPACT: The City currently collects roughly $85,000 in annual rent for all the
ground and building leases related to the monopole at City Hall.
Upon approval, annual rent from VZW will increase from
$62,519.35 to $108,000, with 5% increase every year thereafter.
Amount Budgeted: $141,300
Additional Appropriation: N/A
Account Number(s): 101-300-0000-3602
(General Fund - Rent/Leases Revenue)
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.
B.
Lease amendment for VZW (page A-1)
September 6, 2016, City Council Minutes (excerpt) (page B-1)
BACKGROUND AND DISCUSSION:
The 80-foot-tall antenna monopole at Rancho Palos Verdes City Hall has been a fixture
since the late 1980s. The City entered into its first lease agreement in February 1988
with what is now VZW – currently managed on VZW’s behalf by American Tower
Corporation (ATC) – for the monopole occupying leased ground adjacent to the two-
story City Hall building, with VZW equipment occupying leased space inside the first
floor. Additional carriers sublet space for the collocation of antennae on the monopole
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from VZW/ATC, in lease agreements to which the City is not a party. Over the years,
the City has issued entitlements (Conditional Use Permits) to accommodate collocating
additional carriers and/or modified antennae on the existing monopole.
In 2012, Staff and the City Attorney began to discuss long-term extensions of the lease
agreement with VZW, with the intention of updating it to the standards of modern
telecommunications agreements and technology and bringing rents in line with current
market rates.
On September 6, 2016, the City Council approved an extension of the lease agreement
with VZW for its existing wireless telecommunications facilities on the monopole at City
Hall (Attachment B). This extension expired on June 30, 2019.
Given the short time remaining until the expiration of the previous lease, in September
2016, the City Council approved the extension of the lease for an additional period,
subject to previous terms and conditions. The purpose of this short-term extension,
which expired on June 30, 2019, was to allow time for Staff and VZW/ATC to explore
options to improve the base rate agreements and aesthetics of the monopole before
committing to new, long-term lease agreements.
The Civic Center Master Plan Subcommittee additionally expressed a strong desire for
Staff to explore modifications to the existing monopole with the lessees that would
improve its aesthetics and reduce its visual impacts upon the community and the
surrounding open space.
Staff has now drafted short-term extensions and amendments (7th lease agreement
amendment) to base rent, aesthetic, painting and termination clauses of the current
lease agreement with VZW, for the purpose of allowing its use of the monopole at City
Hall to continue and to bring the agreement in line with current market rates.
Changes in the Seventh Amendment
Staff and the City Attorney have drafted a new short-term extension, with amendments
to base rent, aesthetics and painting, and termination clauses of the expired lease
agreement with VZW. VZW/ATC has indicated to Staff that these agreements are
acceptable. The extended lease will expire on June 30, 2022. What follows is a brief
description of each of the amendments in the agreement.
Time Extension
This amendment extends the term of the agreement, retroactive to July 1, 2019, until
June 30, 2022, or until City Hall is reconstructed, whichever comes first.
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Base Rent Increase and Annual Rent Adjustments
Base rent with VZW increased from $62,519.35 to $108,000, and as of July 1, 2019,
any back rent shall be paid to the City within 30 days. Effective July 1, 2021, the annual
rent for the property shall increase by five percent (5%).
Holdover Provision
If the lease has not been terminated by June 30, 2022, the lease agreement will
continue for one-year terms.
Revenue from Collocations
It is understood that after July 1, 2020, for any new subleases/collocators on the
monopole, rents shall be paid to the City by the collocator, amounted through terms
defined in the collocator’s Conditional Use Permit.
Aesthetics and Painting
VZW agrees to renovate the existing antenna and/or pole that would have less impact
on the aesthetics of the Civic Center area, including improved camouflaging at its
expense. Additionally, within 60 days of the agreement, VZW agrees to organize
existing cables and wires on the monopole so they are out of public view and to repaint
the existing pole and cables as approved by the City Manager. VZW shall be
responsible for maintaining the cables and paint in good condition at all times.
City Termination of Agreement
The City may terminate the agreement at any time for any reason , or no reason, upon a
minimum of 180 days’ advance notice to VZW.
CONCLUSION:
Staff recommends the City Council grant the three-year extension, with amendments, to
the current City Hall monopole lease agreement. The proposed lease amendment
(Attachment A) would retroactively extend the existing lease until June 30, 2022, with
the new terms and conditions detailed in this report. The City would be obligated to
provide VZW/ATC with 60 days’ notice of the commencement of any reconstruction of
the current City Hall buildings in order to terminate the agreements prior to June 30,
2022.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
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1. Continue the consideration of the extended lease agreement to a future date
certain, based upon City Council discussion and public testimony from
tonight’s meeting.
2. Do not extend the current lease agreement with VZW and notify car riers to
remove the monopole and their respective equipment from City property
within a reasonable period of time.
3. Alternately discuss and take other action related to this item.
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SEVENTH AMENDMENT
TO BUILDING LEASE AGREEMENT
THIS SEVENTH AMENDMENT TO THE BUILDING LEASE AGREEMENT
(“Amendment”) by and between the CITY OF RANCHO PALOS VERDES, a municipal
corporation (“Lessor”) and LOS ANGELES SMSA LIMITED PARTNERSHIP, DBA
VERIZON WIRELESS, a California limited partnership (“Lessee”) is entered into as of the latter
signature date hereof (“Commencement Date”) and such terms are effective as of the 1st day of
July, 2019 (“Effective Date”).
RECITALS
A. On February 16, 1988, Lessor and Lessee entered into that certain “Building Lease
Agreement” (“Agreement”) whereby Lessor agreed to lease to Lessee a portion (the “Leased
Premises”) of that certain real property owned by Lessor located at 30940 Hawthorne Boulevard
in the City of Rancho Palos Verdes (the “Property”) and to grant an irrevocable, non-exclusive
easement to Lessee in connection therewith for an initial term of ten (10) years in exchange for
payment by Lessee.
B. Also on February 16, 1988, Lessor and Lessee executed an “Addendum to Building
Lease Agreement,” (the “Addendum”) which, among other things, added a holdover provision to
the Agreement (as Subsection D of Article 3, i.e. Section 3.D), and added a provision to the
Agreement granting Lessor the right to require Lessee to relocate the Leased Premises, including
Lessee’s equipment thereon and access rights thereto, in the event the City undertakes construction
of a new Civic Center on the Property, which the City plans to do.
C. On January 17, 1995, Lessor and Lessee executed a “Second Amendment to Lease
Agreement,” which replaced Exhibit “A2” of the Agreement to change the depiction of the
Property and the Leased Premises, and which amended Section 3.A of the Agreement to adjust
and provide an updated statement of the annual rent due under the Agreement.
D. On February 19, 2008, Lessor and Lessee executed a “Third Amendment to Lease
Agreement,” which extended the term of the Agreement from February 28, 2008 to June 30, 2009.
E. On June 16, 2009, Lessor and Lessee executed a “Fourth Amendment to Building
Lease Agreement,” which extended the term of the Agreement for an additional extension term of
five years, to June 30, 2014.
F. On November 4, 2015, after a holdover period, Lessor and Lessee executed the
Fifth Amendment to the Agreement, which extended the term of the Agreement by two (2) years
(retroactive to June 30, 2014) until June 30, 2016, and changed Lessee’s notice address set forth
in the Agreement.
G. Effective July 1, 2016, Lessor and Lessee executed the Sixth Amendment to the
Agreement, which extended the term of the Agreement until June 30, 2019.
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H. Lessor and Lessee now desire to amend the Agreement to, among other things: (i)
extend its term, retroactive to July 1, 2019, until June 30, 2022, or until Rancho Palos Verdes City
Hall, located at 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, is reconstructed (as
defined below), whichever occurs first; (ii) provide for the annual base rent to be increased to One
Hundred Eight Thousand and No/100 Dollars ($108,000.00) as of the Rent Commencement Date
(as described herein) of this Amendment, and to thereafter increase by five percent (5%) annually,
irrespective of CPI; and (iii) provide Lessor with the right to terminate the Agreement for
convenience upon 180 days’ notice to Lessee.
I. Lessor and Lessee hereby ratify and reaffirm the continuous and uninterrupted term
of the Agreement from its initial commencement date through the Commencement Date of this
Amendment.
TERMS
1. Recitals. The foregoing recitals are true and correct, and are incorporated herein by
reference.
2. Extension of Term. With respect to Article 3 (Term and Rent) of the Agreement,
the term of the Agreement is hereby extended until either June 30, 2022, or until Rancho Palos
Verdes City Hall, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275,
undergoes reconstruction, whichever occurs first. For the purposes of this Amendment,
“reconstruction” includes any discretionary or necessary construction, demolition, repair,
remodeling, or retrofitting activity that interferes with Lessee’s use of its wireless
telecommunications facilities or any accessory equipment on the Leased Premises such that the
facilities or equipment require removal or replacement. The decision to engage in such
reconstruction shall be in the sole discretion of the Lessor, and Lessor shall provide Lessee at least
sixty (60) days’ notice of commencement of such reconstruction, at which commencement the
term of the Agreement shall terminate.
3. Base Rent Increase. Effective July 1, 2020 (the “Rent Commencement Date”), the
Annual Rent (as defined in the Agreement) for the Leased Premises pursuant to Article 3 of the
Agreement, which rent includes all prior adjustments and an additional adjustment of Sixty-Two
Thousand Five Hundred Nineteen and 35/100 Dollars ($62,519.35) as consideration for this
Amendment, is One Hundred Eighty Thousand and No/100 Dollars ($108,000.00). Thus, effective
as of July 1, 2020, the number “Twenty-Five Thousand Eight Hundred Twenty-Six and 93/100’s
Dollars ($25,826.93)” in Section 3.A of the Agreement is amended to read “One Hundred Eight
Thousand Dollars ($108,000.00).” Any and all back rent due to Lessor pursuant to this section
upon execution of this Amendment (in addition to any unpaid rent already outstanding pursuant to
Article 3 of the Agreement and any back rent due to Lessor pursuant to effectiveness of Section 4
of this Amendment) shall be paid by Lessee to Lessor within 30 days of the date of the
Commencement Date of this Amendment. Attached hereto as Exhibit “A” is a rent schedule
showing the applicable rental rates, amounts paid, and amounts owed/outstanding pursuant to the
Agreement for the three years leading up to the Commencement Date of this Amendment, and
showing the adjusted rent amounts due and payable pursuant to this Amendment for the remaining
term of the Agreement, as extended by this Amendment.
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4. Annual Rent Adjustments. Effective July 1, 2021, notwithstanding any provision
of Section 3.C of the Agreement to the contrary and in lieu of the annual rent adjustments provided
for therein, the annual rent for the Leased Premises shall increase by five percent (5%) on July 1
of each calendar year for the remainder of the term of the Agreement. The first such five percent
(5%) increase shall take effect on July 1, 2021. Any and all back rent due to Lessor pursuant to
this section upon execution of this Amendment (in addition to any unpaid rent already outstanding
pursuant to Article 3 of the Agreement and any back rent due to Lessor pursuant to effectiveness
of Section 3 of this Amendment) shall be paid by Lessee to Lessor within 30 days of the
Commencement Date of this Amendment, as shown in Exhibit “A” attached hereto.
5. Holdover Provision. Subsection D of Article 3 (Term and Rent) of the Agreement
is hereby deleted and replaced with the following:
“If, at the end of the Term, this Lease has not been terminated by either party hereto
in accordance with the applicable provisions of this Lease Agreement, this Lease
Agreement shall continue in full force and effect upon the same covenants, terms and
conditions for a further term of one (1) year, and for subsequent one (1) year terms
thereafter until terminated by either party hereto in accordance with the provisions of this
Lease Agreement.”
6. Aesthetics. Subpart (C)(2) of Article 4 (Use of the Property) of the Agreement is
hereby amended to read in its entirety as follows (additions shown in bold italics):
“LESSOR and LESSEE have discussed at length the LESSOR's interest in making
LESSEE's cellular telephone service available to the public while at the same time
preserving the aesthetics of the Civic Center area. Therefore, LESSEE agrees that it shall
cooperate at LESSEE's sole cost and expense with any reasonable requests by LESSOR to
camouflage LESSEE's antenna in the initial installation thereof on the Property, to the end
that its impact on the aesthetics of the Civic Center shall be minimized. LESSEE and
LESSOR also agree that after the first five (5) years of the term, LESSEE's conditional use
permit may be reviewed annually by LESSOR for the purpose of determining whether
advances in technology since the commencement of the Lease, or since the last review of
LESSEE's conditional use permit, as the case may be, would enable LESSEE to construct
or renovate an antenna or pole of or with a different style or size that would have less
impact on the aesthetics of the Civic Center area, including (without limitation) by
improved camouflaging, without degradation in the quality of LESSEE's service. If so,
LESSEE agrees to install a new or renovated antenna or pole of the design requested by
LESSOR pursuant to such review within a reasonable amount of time thereafter.
7. Painting and Maintenance of Poles, Wires and Cables. A new subpart (C)(3) is
hereby added to Article 4 (Use of the Property) of the Agreement, to read in its entirety as follows:
“LESSEE agrees that all cables and wires on the Property shall be kept clipped,
neatly stored, and out of public view, and that all poles and cables on the Property shall be
painted or re-painted, in accordance with this subpart (without limiting the applicability of
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any other provision of this Lease Agreement). Within 60 days of the date of full execution
of Amendment No. 7 to this Lease Agreement, LESSEE shall: (i) organize the existing
cables and wires on the Property such that they are clipped, neatly stored, and out of public
view; and (ii) repaint the existing pole and cables on the Property using a color that
camouflages them with the surrounding environment, which color shall be pre-approved
by the City Manager. Thereafter, LESSEE shall be responsible for maintaining all cables
and wires on the Property in the above-described condition and for maintaining the paint
on all poles and cables on the Property in good condition at all times for the remainder of
the term of this Lease Agreement. LESSEE shall be responsible for subsequent repainting
of the existing pole and cables and for painting of any future pole and cables as necessary
to ensure ongoing compliance with this subpart, provided that: (i) no repainting of the
existing pole and cables shall be required absent a written request from the City Manager
based on a reasonable determination that the paint is no longer in good condition (e.g., due
to chipping, peeling, discoloration, or deterioration); (ii) LESSEE shall be afforded at least
60 days to complete the painting or repainting work from the date of receipt of the request
from the City Manager; and (iii) LESSEE shall not be required to paint or repaint any given
pole or cable more than once annually, provided the previous painting or repainting was in
accordance with this subpart.
LESSOR AND LESSEE agree that: (i) it is impracticable or extremely difficult to
determine what the actual damages to LESSOR would be for a violation of this subpart by
LESSEE, and how those damages might be calculated; (ii) they have made a reasonable
endeavor to estimate fair compensation for such a violation; and (iii) upon doing so, they
have concluded that $100 per day represents a fair and reasonable estimate of such
damages. Accordingly, and without limiting the applicability of any other provision of this
Lease Agreement, LESSOR AND LESSEE agree that LESSEE shall be liable for payment
of liquidated damages to LESSOR in the amount of $100 for each day that a violation of
this subpart by LESSEE exists (i.e., until the violation has been satisfactorily addressed by
LESSEE as determined by LESSOR’s City Manager in his or her sole discretion).”
8. City Termination for Convenience. Article 5 (Termination) of the Agreement is
hereby amended to read in its entirety as follows (additions shown in bold italics, deletions in
strikethrough):
“A. Notwithstanding any other provision of this Lease Agreement, LESSOR
shall have the right to terminate this Lease Agreement (including any holdover term) at
any time, for any reason or no reason, upon a minimum of 180 days’ advance notice to
LESSEE. Such notice shall be given to LESSEE by certified mail, return receipt
requested, and shall be effective on the date set forth therein, subject to compliance with
this paragraph. By the effective date of such notice, LESSEE shall deliver to LESSOR a
recordable Quitclaim Deed releasing all of LESSEE’s interest(s) in LESSOR’s Property.
On the effective date of such notice, this Lease Agreement shall terminate, and such
termination shall relieve both parties of any further obligations under this Lease
Agreement, although each shall continue to have any and all remedies for any brea ch
of a lease obligation which occurred prior to the date of termination.
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A B. Notice of LESSEE’s exercise of its right to terminate this Lease Agreement
pursuant to Section 4B, above, shall be given to LESSOR in writing by certified mail,
return receipt requested, and shall be effective upon receipt of such notice by LESSOR.
Such notice of termination shall be accompanied by a recordable Quitclaim Deed releasing
all of LESSEE’s interest(s) in LESSOR’s Property.
1. Upon LESSOR’s receipt of such a termination notice, this Lease
Agreement shall terminate, and such termination shall relieve both parties of any further
obligations under this Lease Agreement although each shall continue to have any and all
remedies for any breach of a lease obligation which occurred prior to the date of
termination.
B C. LESSEE, upon the expiration or termination of this Lease Agreement, shall,
within a sixty (60) –day period, remove its personal property and fixtures and restore the
property to its original condition, reasonable wear and tear excepted. At LESSOR’s option,
when this Lease Agreement expires or is terminated and upon advance written notice to
LESSEE, LESSEE shall leave LESSEE’s improvements, other than its personal property
and fixtures, to become the property of LESSOR. LESSOR may retain any advance rent
until such removal and restoration have been completed to LESSOR’s reasonable
satisfaction, but LESSOR shall immediately thereafter refund any unearned rent (i.e., rent
unearned on the date such removal and restoration are completed) to LESSEE.”
9. Future Colocations. Lessor and Lessee acknowledge the possibility that one or
more third parties may, currently or in the future, be interested in obtaining the approval,
authorization, and/or agreement of Lessor and/or Lessee to colocate or otherwise place or install
telecommunications equipment or facilities on or within the Leased Premises. Lessee agrees and
warrants that it will not, at any time or under any circumstances, take, or attempt or threaten to
take, any action to interfere with, obstruct, or limit any effort of Lessor to: (1) freely and
independently communicate with such third party(ies) for any purpose or at any time; (2) require
that such third party(ies) obtain any City permits or approvals that City, in its sole discretion,
deems necessary or required for the proposed project or activity; or (3) require, negotiate, procure,
or enter into any separate lease or license agreement with any such third party related to
authorization of such third party to use, occupy, access or traverse the Property or any portion
thereof, irrespective of the rate or amount of rents, license fees, or other compensation to City or
any other term or provision that may be contemplated, contained, or provided for in such
agreement.
10. Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment to the Agreement.
11. Affirmation of Agreement; Warranty Re Absence of Defaults. Lessor and
Lessee each ratify and reaffirm each and every one of the respective rights and obligations arising
under the Agreement. Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein. Each party represents
and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
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Lessee represents and warrants to Lessor that, as of the date of this Amendment, Lessor is
not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
Lessor represents and warrants to Lessee that, as of the date of this Amendment, Lessee is
not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
12. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
13. Authority. The persons executing this Amendment on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such
party is formally bound to the provisions of this Amendment, and (iv) the entering into this
Amendment does not violate any provision of any other agreement to which said party is bound.
14. ATC Sublease. Lessee and/or its parent, affiliates, subsidiaries and other parties
identified therein, entered into a sublease agreement (the “ATC Sublease”) with California Tower,
Inc., a Delaware Corporation, and/or its parents, affiliates and subsidiaries (“American Tower”),
pursuant to which American Tower subleases, manages, operates, and maintains, as applicable,
the Leased Premises, all as more particularly described therein. Lessee hereby acknowledges that
the ATC Sublease is in full force and effect. Lessor consents to the sublease effectuated by the
ATC Sublease for purposes of the written consent requirement set forth in Section 6.A of the
Agreement (notwithstanding the requirement of prior written consent) and no other purpose, and
only to the extent the ATC Sublease does not otherwise conflict with the provisions of the
Agreement, and subject to the following provisions of this paragraph. Pursuant to Section 6.A of
the Agreement, which provides that “any assignee or sublessee shall expressly assume the
obligations of this lease, and no such assignment or subletting shall be deemed to release the
original Lessee from its obligations under this lease,” Lessee acknowledges, agrees, represents,
and warrants that American Tower has expressly assumed the obligations of the Agreement in
connection with entering into the ATC Sublease, and that Lessee has not been and is not hereby
released from its obligations under the Agreement by virtue of the ATC Sublease or the consent
set forth in this paragraph. In connection with the responsibilities of American Tower pursuant to
the ATC Sublease, Lessee has also granted American Tower a limited power of attorney (the
"POA") to, among other things, prepare, negotiate, execute, deliver, record and/or file certain
documents on behalf of Lessee, all as more particularly set forth in the POA.
15. Memorandum of Amendment for Recordation. Neither party shall record this
Amendment. Notice of this Amendment shall be placed in the public record at the expense of
Lessee by recordation of a “Memorandum of Amended Lease” in the form attached hereto as
Exhibit “A.” Such document shall be executed by Lessor with an attest, and executed by Lessee
with a notary acknowledgment, at the time this Amendment is executed, and shall be recorded
with the Los Angeles County Recorder’s Office within a reasonable time after the execution of
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this Amendment. Upon the expiration or termination of the Lease (as amended), Lessee shall,
immediately on Lessor’s request, execute and deliver to Lessor a quitclaim deed to the Property,
in recordable form, designating Lessor as transferee.
16. Counterparts. This Amendment may be executed in one or more counterparts, and
by the respective parties hereto in separate counterparts, each of which when executed shall be
deemed to be an original but all of which taken together shall constitute one and the same
Amendment.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates set forth below, with express intent that this Agreement be effective as of July 1, 2019.
LESSOR:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
___________________________
Eric Alegria, Mayor
Date: ______________________
ATTEST:
___________________________
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
___________________________
William W. Wynder, City Attorney
LESSEE:
LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited
partnership, dba Verizon Wireless
By: California Tower, Inc., a Delaware
corporation
Its: Attorney-In-Fact
Name: _____________________________
Title: ______________________________
Date: ______________________________
NOTE: LESSEE’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE PARTNERSHIP
FORMATION DOCUMENTS OR OTHER RULES OR REGULATIONS APPLICABLE TO LESSEE’S
BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
RENT SCHEDULE – ADJUSTED COMMENCING JULY 1, 2020
TERM
START
TERM
END
AMOUNT OWED
(monthly/annual)
AMOUNT PAID
(monthly/annual)
AMOUNT
OUTSTANDING
(annual)
ANNUAL RENT
INCREASE
7/1/2016 6/30/2017 $3,499.01/
$41,988.12
$3,499.01/
$41,988.12
$0
7/1/2017 6/30/2018 $3,582.99/
$42,995.83
$3,499.01/
$41,988.12
$1,007.71 2.4% (CPI)
7/1/2018 6/30/2019 $3,668.98/
$44,027.73
$3,499.01/
$41,988.12
$2,039.61 2.4% (CPI)
7/1/2019 6/30/2020 $3,790.05/
$45,480.65
$3,499.01/
$41,988.12
$3,492.53 3.3% (CPI)
7/1/2020 6/30/2021 $9,000/
$108,000
$3,499.01/
$20,994.061
$33,005.94 2 $62,519.35 [Base
rent increase per
Section 3 of this
Amendment]
7/1/2021 6/30/2022 $9,450/
$113,400
N/A N/A 5.00%
Total N/A N/A N/A $39,545.79 N/A
1 Figure represents six (6) months of paid rent – July through December of 2020.
2 Figure represents six (6) months of rent due – July through December of 2020 – less rent paid for said time period.
A-10
01203.0015/534435.14
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Attn.: William Wynder, City Attorney
[SPACE ABOVE FOR RECORDER’S USE ONLY]
The undersigned declares that this Memorandum of Amended Lease is exempt from Recording
Fees pursuant to California Government Code Section 27383 and exempt from Documentary
Transfer Tax pursuant to California Revenue and Taxation Code Section 11922.
MEMORANDUM OF AMENDED LEASE
THIS MEMORANDUM OF AMENDED LEASE (this “Memorandum”) is dated as of the
___ day of _______, 2021, and is executed by the CITY OF RANCHO PALOS VERDES, a
California municipal corporation (“Lessor”), and LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited partnership, dba Verizon Wireless (“Lessee”).
RECITALS
A. Lessor and Lessee previously recorded with the Los Angeles County Recorder's
Office a Memorandum of Lease Agreement as document number 88-1290381, regarding that
certain Building Lease Agreement and Addendum to Building Lease Agreement, each dated
February 16, 1988 (collectively the "Original Lease"), whereby Lessor agreed to lease to Lessee a
portion of that certain real property owned by Lessor located at 30940 Ha wthorne Boulevard in
the City of Rancho Palos Verdes for an original term of ten (10) years in exchange for payment by
Lessee.
B. Lessor and Lessee amended the Original Lease by that certain Second Amendment
to Lease Agreement dated January 17, 1995, that certain Third Amendment to Lease Agreement
dated February 19, 2008, that certain Fourth Amendment to Building Lease Agreement dated June
16, 2009, that certain Fifth Amendment to Building Lease Agreement dated November 4, 2015,
and that certain Sixth Amendment to Building Lease Agreement dated July 1, 2016 (Original Lease
as amended, the “Lease”).
C. Lessor and Lessee have further amended the Lease by that certain Seventh
Amendment to Building Lease Agreement, effective July 1, 2019 (“Seventh Amendment”),
pursuant to which the parties have agreed, among other things, to extend the term of the Lease
from July 1, 2019 until June 30, 2022, or until Rancho Palos Verdes City Hall, located at 30940
Hawthorne Boulevard, Rancho Palos Verdes, California 90275, undergoes reconstruction (as
defined in the amended Lease), whichever occurs first, to adjust the base rent and rent adjustment
provisions of the Lease, and to provide Lessor with the right to terminate the Lease at any time
and for any reason or no reason upon 180 days’ notice to Lessee.
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01203.0015/534435.14
D. Lessor and Lessee now desire to enter into this Memorandum to provide record
notice of the Seventh Amendment to comply with Section 37393 of the Government Code.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee agree as
follows:
Lease. Pursuant to the Seventh Amendment, the parties have, among other things: (1)
extended the term of the Lease until June 30, 2022, or until Rancho Palos Verdes City Hall, located
at 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275, undergoes reconstruction
(as defined in the amended Lease), whichever occurs first, at the rental and upon the other terms
and conditions set forth in the Lease; (2) adjusted the base rent and rent adjustment provisions of
the Lease; and (3) provided Lessor with the right to terminate the Lease at any time and for any
reason or no reason upon 180 days’ notice to Lessee. The terms and conditions of the Lease, as
amended by the Seventh Amendment, are incorporated herein by this reference.
American Tower. Lessee and/or its parent, affiliates, subsidiaries and other parties
identified therein, entered into a sublease agreement with California Tower, Inc., a Delaware
corporation and/or its parents, affiliates and subsidiaries ("American Tower”), pursuant to which
American Tower subleases, manages, operates and maintains, as applicable, the Lessee's leased
premises, all as more particularly described in said sublease. In connection with these
responsibilities, Lessee has also granted American Tower a limited power of attorney (the "POA")
to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents
on behalf of Lessee, all as more particularly set forth in the POA.
Purpose. This Memorandum is prepared for the purposes of recordation only and in no way
modifies the terms and conditions of the amended Lease. In the event any provision of this
Memorandum is inconsistent with any term or condition of the amended Lease, the term or
condition of the amended Lease shall prevail.
Counterparts. This Memorandum may be executed in any number of counterparts, each of
which, when executed and delivered, shall be deemed to be an original, and all of which, taken
together, shall be deemed to be one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
A-12
01203.0015/534435.14
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Amended Lease as of the date first written above.
LESSOR:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
___________________________
Eric Alegria, Mayor
ATTEST:
___________________________
Emily Colborn, City Clerk
APPROVED AS TO FORM:
___________________________
William W. Wynder, City Attorney
LESSEE:
LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California limited
partnership, dba Verizon Wireless
By: California Tower, Inc., a Delaware
corporation
Its: Attorney-In-Fact
Name: _____________________________
Title: ______________________________
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01203.0015/534435.14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-14
B-1
Councilwoman Brooks moved, seconded by Councilman Duhovic, to receive and file the
report with the Del Cerro Parking update and to include direction for Staff to return with
information on additional parking and traffic mitigation measures.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
None
None
RECESS AND RECONVENE:
Mayor Dyda called a brief recess from 8:36P.M. to 8:53P.M.
A brief discussion ensued between Councilman Duhovic and Mayor Dyda; by affirmation
the City Council shall consider Item 3 immediately after Item 6.
Consideration and Possible Action to Grant 3-Year Extensions of the Current City
Hall Monopole Lease Agreements
Deputy City Manager Yap presented a brief staff report.
Discussion ensued among Council Members and staff.
Emily Murray, American Tower Representative, discussed the lease extension and her
willingness to look into some camouflaging options.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve 3-year
extensions of the lease agreements with Verizon Wireless 0/ZW), AT&T and Southern
California Edison (SCE) for their existing wireless telecommunications facilities on the
City Hall monopole.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
None
None
City Council Policy on Communication with other Agencies in their Personal vs.
Official Capacity
City Attorney Aleshire provided a brief staff report regarding Protocol14.
Discussion ensued among Council Members, Staff, and the City Attorney.
City Council Minutes
September 6, 2016
Page 8 of 12