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F-12. Cell Tower Lease withT-Mobile0 CITY oF CdANHASSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952 227.1180 Fax: 952.227.1190 Engineering Phone: 952.2271100 Fax: 952.227.1170 F -13 MEMORANDUM TO: Todd Gerhardt, City Manager n _ FROM: Laurie Hokkanen, Assistant City Manageru&O ` DATE: October 22, 2014 RE: Cell Tower Lease Amendment with T- Mobile PROPOSED MOTION: "The City Council approves the First Amendment to the Site Lease Water Tower Agreement with T- Mobile for the purposes of installing a cellular telephone antenna on the High Zone /MMS water tower." This action requires a simple majority of the City Council for approval. Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us G:\Admin \LH\Cell Phone Towm\AT &T - MMS \T - Mobile 1st Atnendment.doe Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow BACKGROUND Finance Phone: 952.227.1140 T- Mobile is planning to add additional antennae to the existing facilities they have Fax: 952.227.1110 on the water tower at the Minnetonka Middle School water tower. They will not Park & Recreation be adding to their footprint on the ground. T- Mobile will be responsible for all Phone: 952.2271120 fees related to plan review and construction inspection, to be conducted by SEH, Fax: 952.2271110 Inc. In exchange for the additional equipment, T- Mobile will increase their monthly rent amount by $250. Recreation Center 2310 Coulter Boulevard RECOMMENDATION Phone: 952.227.1400 Fax: 952.2271404 Staff recommends that the Chanhassen City Council approve the First Planning & Amendment to the Site Lease Water Tower Agreement with T- Mobile. Natural Resources Phone: 952.227.1130 ATTACHMENT Fax: 952.227.1110 1. Lease Agreement Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us G:\Admin \LH\Cell Phone Towm\AT &T - MMS \T - Mobile 1st Atnendment.doe Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Site: AIP0405A Site Name: Chanhassen WT Relo Market MN FIRST AMENDMENT TO SITE LEASE AGREEMENT FOR WATER TOWER THIS AMENDMENT TO SITE LEASE AGREEMENT FOR WATER TOWER ( "Amendment ") is made and entered into by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation with offices at 7700 Market Boulevard, Chanhassen, Minnesota 55317 -0147 ( "Landlord ") and T- MOBILE CENTRAL LLC, a Delaware limited liability company, with its offices at 12920 SE 381s Street, Bellevue, WA 98006 ( "Tenant "). Recitals The parties hereto recite, declare and agree as follows: A. Landlord and Tenant (or as applicable, their respective predecessors in interest) entered into a Site Lease Agreement for Water Tower dated October 28, 2013 (including any prior amendments, the "Agreement "), with respect to Premises located at 6431 Hazeltine Blvd., Chanhassen, MN 55106. B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend certain provisions of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows: 1. Tenant's approved Antenna Facilities are described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Landlord hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects. 2. Rent. As of the Effective Date, the monthly rent shall increase by $250.00. 3. The terns and conditions of the Agreement are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this Amendment, the terms and conditions of this Amendment will govern and control. 4. Landlord represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this Amendment, or if any such third party consent or approval is required, Landlord has obtained any and all such consents or approvals. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date of execution by the last party to sign. City of Chanhassen, a Minnesota municipal corporation T -Mobile Central LLC, a Delaware limited liability company Lo M Name: Hossein Sepehr Title: Area Director, Engineering and Ops Date: EXHIBIT A Antenna Facilities [See Attached]