HomeMy WebLinkAbout07 CELLULAR SPTS PK 02-07-00NO. 7
02-07-00
DATE:
FEBRUARY 7, 2000
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
AMENDMENT TO GROUND LEASE FOR MODIFICATION TO
CELLULAR ANTENA EQUIPMENT FACILITY AT THE SPORTS PARK
AN EXISTING
SUMMARY: The proposed antendment to an existing Ground Lease Agreement between Cox
Communications and the City of Tustin would provide for a reconfiguration of the existing equipment
enclosure at the base of the antenna pole at the Sports Park to be consistent with Design Review 99-040,
approved by the Community Development Director on December 17, 2000.
RECOMMENDATION
That the City Council authorize the City Manager to execute an amended Ground Lease
Agreement with Cox Communications, subject to the City Attorney's approval.
FISCAL IMPACT
No modification to the existing lease fee is proposed. Fees for City Attorney review have been
paid by Cox Communications.
BACKGROUND AND DISCUSSION
In 1997, Cox Communications received approval to establish a wireless communications facility at
the Sports Park. The improvements included a light pole with antennaS and an equipment
enclosure located on the eastern portion of the park, adjacent to Jamboree Road. A ground lease
and first amendment was executed for approximately 252 square feet.
In December 1999, Cox Communications proposed to modify the existing antennas and equipment
facility. On December 17, 1999, the Community Development Director approved replacement of
the existing antennas with the same size, configuration, and number of antennas as originally
approved and a reconfiguration of the equipment enclosure, which results in a reduction of five (5)
square feet of lease area, or approximately 247 square feet. A second amendment to the existing
Ground Lease Agreement is proposed (Attachment A) to reflect these site modifications and the
current lessee, which is Cox Communications PCS, LP, and the current assignee, which is Cox
PCS Assets, LLC. Upon approval of the agreement by the City Manager and the City Attorney,
Cox Communications will be authorized to obtain building permits for the approved improvements.
Elizabeth A. Binsack,
Director, Community Development
Attachment A: Second Amendment to Ground Lease Agreement
SECOND LEASE AMENDMENT
ASSIGNMENT OF LEASE AND MODIFIED SITE/PREMISES
This Second Amendment to the Ground Lease Agreement is made by and between Cox
PCS Assets, LLC, a Delaware limited liability company (LESSEE) and City of Tustin, a
municipal corporation (LESSOR).
For value received, it is agreed by and between the parties that:
effect.
The parties acknowledge the lease to be in good standing and in full force and
2. The description of the Site/Premises and the LESSOR's property in Exhibit B of
the Lease is hereby replaced in its entirety by Exhibit 1 attached hereto. Exhibit 1 hereto
modifies Exhibit B of the Lease by adding within the area of the Site/Premises antenna
upgrades, modifications and additional equipment and related cable runs and utility connection
for use in connection with the similar facilities installed under the Lease as LESSEE from time
to time deems necessary.
3. All items and obligations of the Lease shall remain unchanged and in full force
and effect except as expressly modified herein.
4. This Second Amendment shall be binding upon and inure to the benefit of the
parties, their successors, assigns and personal representatives.
LESSOR:
CITY OF TUSTIN, A
Municipal Corporation of
the State of California
William A. Huston
City Manager
Date
Approved as to Form:
ASSIGNEE: COX PCS ASSETS, LLC, a
Delaware Limited Liability
Lois E. Jeffrey
City Attorney
Date
Name & Title Date
EXHIBIT 1
TO BE REVIEWED AND APPROVED BY COMMUNITY
DEVELOPMENT, COMMUNITY SERVICES, AND THE CITY
ATTORNEY PRIOR TO EXECUTION OF THE LEASE AMENDMENT