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Home My WebLink AboutResolution 2014-040 Approving Second Admendment to Lease Agreement to SprintMARANA RESOLUTION NO. 2014-040 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE TOWN OF MARANA AND SPRINT SPECTRUM REALTY COMPANY LP REGARDING PROPERTY LEASED AT THE MARANA OPERATIONS CENTER WHEREAS in December 1996, Arizona Electric Power Cooperative ( AEPCO) and Sprint Spectrum L.P. entered into a lease agreement by which Sprint leased space at 5100 W. Ina Road from AEPCO for a Personal Communication Service cellular site; and WHEREAS the Town acquired the property at 5100 W. Ina Road, including the cell tower, and became the successor in interest to AEPCO under the Sprint lease; and WHEREAS the Town and Sprint now desire to amend the lease to allow Sprint to install updated equipment at the leased site; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the second amendment to lease agreement between the Town of Marana and Sprint Spectrum Realty Company LP attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement as amended. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2014. Mayor Ed Honea ATTEST: : � V ocelyn ronson, Town Clerk Resolution No. 2014 -040 APPROVED AS TO FORM: SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE TOWN OF MARANA AND SPRINT SPECTRUM REALTY COMPANY LP THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Second Amendment ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation, successor in interest to Arizona Electric Power Cooperative, Inc., (the "Town ") and SPRINT SPECTRUM REALTY COMPANY LP, a Delaware limited partnership, successor in interest to Sprint Spectrum L.P. ( "Sprint "). The Town and Sprint are collectively referred to in this Second Amendment as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. On December 3, 1996, the Parties, by and through their predecessors in interest, entered into a Lease Agreement (the "Lease Agreement ") by which the Town leases to Sprint a certain portion of real property located at 5100 West Ina Road, Town of Marana, County of Pima, State of Arizona, Tax Code 226 -35 -01 IA, as more particularly described in Exhibit A attached to and incorporated by reference within the Lease Agreement (the "Site "), for the purpose of providing space to Sprint to deploy and operate a Personal Communication Service cellular site on the Site. B. Effective April 10, 2006, the Parties entered into the First Amendment to Lease Agreement (the "First Amendment ") to extend the term of the Lease Agreement and to amend provisions related to rent and notices. C. The Parties desire to amend the Lease Agreement as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants, conditions and agreements set forth in the Lease Agreement, the First Amendment, and this Second Amendment, the Parties agree as follows: Purpose, Use and Right of Access The Lease Agreement is hereby amended to provide that the Town does hereby lease to Sprint a certain portion of real property located at 5100 West Ina Road, Town of Marana, County of Pima, State of Arizona, as more particularly described in Exhibit 1 attached to this Second Amendment and fully incorporated within the Lease Agreement by this reference, for the purpose of allowing Sprint to install a new fiber vault and fiber conduit on the property, as detailed in the plans included in Exhibit 1. Prior to beginning any of the activities described in Exhibit 1, Sprint shall, at Sprint's cost, obtain all required permits from the Town and from any other applicable jurisdiction. 2. Sprint Responsible for Relocation As a part of this Second Amendment, the Parties expressly acknowledge that Ina Road is scheduled for a major construction /improvement project pursuant to Town of Marana Ina Road Project, CIP No. 2000 -021A, 02113, and that the Ina Road Project may cause the relocation of Sprint's facilities and equipment to become necessary. Any relocation costs including, but not be limited to, all costs to develop, design, administer, procure, construct, adjust, relocate and /or repair Sprint facilities and equipment, including potholing, contract document preparation and reproduction, surveying, field inspection, material testing, mobilization, traffic control, permits and as -built drawings, shall be borne solely by Sprint. 100037359.DOC/ 2) 4/3/2014 SECOND AMENDMENT TO SPRINT /MOC CELL TOWER LEASE AGREEMENT - 1 - 3. Effective Date This Second Amendment shall be effective as of the signature date of the last Party to sign this Second Amendment. 4. Other Terms and Provisions All other terms and provisions of the Lease Agreement and its exhibits, as amended by the First Amendment, not specifically changed by this Second Amendment, shall remain in effect and be binding upon the Parties as provided for in the Lease Agreement. Words and phrases having a defined meaning in the Lease Agreement have the same respective meanings when used in this Second Amendment unless otherwise expressly stated. 5. Recitals The recitals set forth at the beginning of this Second Amendment are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 6. Entire Agreement This Second Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Second Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Second Amendment. 7. Severability If any provision of this Second Amendment is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Second Amendment, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Second Amendment a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Second Amendment shall be deemed reformed accordingly. 8. Governing Law This Second Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 9. Interpretation This Second Amendment has been negotiated by the Town and Sprint, and neither Party shall be deemed to have drafted this Second Amendment for purposes of construing any portion of this Second Amendment for or against any Party. [SIGNATURE PAGE FOLLOWS] 100037359.DOC / 2) 4/3/2014 SECOND AMENDMENT TO SPRINT/MOC CELL TOWER LEASE AGREEMENT -2- IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the last date set forth below their respective signatures. TOWN: THE TOWN OF MARANA, an Arizona municipal corporation f By: E ones . Mayor Date: .J��lv — 020 /Z ATTEST: ?Fy C. onson, Clerk APPROVED AS TO FORM: ank C idy, Town A rney o o ( 0 0 STATE OF SS. County of a S SPRINT: SPRIF SP,'CTRjJ'MjH:�-ftTY COMPANY LP, a B \ ui Printed Name: Title: Date: 1/ �q 1 1 4 The foregoing instrument was ackn wledged before me this �" t da of O f Apri , 2014 by �� r mQVI��I o SPRINT SPECTRUM REALTY COMPANY LP, a elaware limited part_ne�rs on ehalf of the LP. 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