Consent 5k - West Jordan
Consent 5k - West Jordan
Consent 5k - West Jordan
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Agenda Item No<br />
Council Meeting ofMarch 20 2007<br />
REQUEST FOR COUNCIL ACTION<br />
Subject Sprint Nextel Request approval ofResolution No 1 6 which authorizes a lease<br />
extension to<br />
September 30 2008 for Sprint Nextel s communications facilities currently<br />
situated within and on<br />
top of the Sugar Factory silos<br />
Discussion<br />
The City has an<br />
existing communications lease agreement with Sprint Nextel which<br />
allows communications facilities to exist within and on top of the Sugar Factory Silos<br />
The lease agreement dated October 14 1997 is between the City of <strong>West</strong> <strong>Jordan</strong> as<br />
Landlord and Nextel <strong>West</strong><br />
Corp<br />
as Tenant and is entitled NEXTEL ROOFTOP<br />
LEASE AGREEMENT The lease is set to expire in March of2008<br />
The City has given Sprint Nextel notice that the lease agreement will not be extended<br />
extend its lease<br />
beyond its expiration date Sprint Nextel has requested that the City<br />
agreement an additional six months to September 30 2008 which will allow Sprint<br />
Nextel sufficient time to<br />
acquire a new site construct its new facilities and remove its<br />
existing facilities from the Sugar Factory site<br />
Please refer to the attached letter and lease amendment for additional information<br />
Fiscal Impact The City will continue to receive a rent fee of 1<br />
period<br />
480 24 per month during<br />
the extension<br />
Recommendation<br />
Staff recommends City Council approve Resolution No 07It which authorizes the<br />
Mayor to execute all four copies of the attached Amendment No 1 to the Nextel Rooftop<br />
Lease Agreement<br />
rkMotion recommended<br />
r I move to adopt Resolution No<br />
to execute all<br />
07 I which authorizes the Mayor four copies of the attached Amendment No 1 to the Nextel Rooftop Lease Agreement<br />
VOll call vote<br />
ep<br />
ZClem<br />
ce<br />
Real Property Agent<br />
red<br />
Ic cur<br />
Wendell T Rigby P E<br />
Director ofEngineering<br />
t<br />
Reviewed for Fiscal Impact<br />
t<br />
Compliance<br />
41 11<br />
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1 1 I L L1 lL 1 t<br />
jbavid A Bales<br />
Director of Finance Administrative Services<br />
Reviewed as to legal sufficiency<br />
tler<br />
City Attorney<br />
1Jv<br />
Attachments<br />
Resolution<br />
Letter from Sprint Nextel<br />
Amendment No I 4
Sprint Nextel<br />
Communications<br />
LETTER OF TRANSMITTAL<br />
To<br />
From<br />
TOM STEELE<br />
GLEN KLOCKE<br />
cc<br />
Date 03 02 2007<br />
Re<br />
AMENDMENT<br />
TOM<br />
PLEASE FIND ATTACHED FOUR 4 COPIES OF THE PARTIALLY EXECUTED AMENDMDNT<br />
FOR SIGNATURE PLEASE RETURN THREE 3 FULLY EXECUTED DOCUMENTS TO ME AT<br />
THE FOLLOWING ADDRESS<br />
SPRINT NEXTEL COMMUNICATIONS<br />
ATTN<br />
GLEN KLOCKE SITE DEVELOPMENT<br />
333 INVERNESS DRIVE SOUTH<br />
ENGLEWOOD CO 80112<br />
PLEASE CALL ME WITH ANY QUESTIONS<br />
THANKS<br />
BRETT PFLEGER<br />
303 907 0844
Sprint<br />
Sprint<br />
Together with NEXTEL<br />
Nextel<br />
333 Inverness DriveSouth<br />
Englewood<br />
CO 80112<br />
Office 303 721 3400 Fax 303 721 3944<br />
February<br />
28 2007<br />
City of <strong>West</strong> Jordon<br />
Attn Tom Steele Assistant City Manager<br />
8000 S Redwood Road<br />
<strong>West</strong> Jordon UT 84088<br />
Dear Tom<br />
The current Nextel Rooftop Lease Agreement dated October 14 1997 will expire on<br />
March 31 2008 Per our discussions Sprint Nextel Communications would like a lease<br />
extension through September 30 2008 to conduct due diligence<br />
wireless communications sites These new sites are<br />
required to provide wireless<br />
and construct new<br />
communications when the current site is dismantled During the lease extension period<br />
Sprint Nextel will continue to pay rent on amonth to month basis at the same<br />
existing<br />
lease rate<br />
Thank you for your time and consideration<br />
Sincerely<br />
Glen Klocke<br />
h k<br />
Mountain Area Site Mod Manager<br />
333 Inverness Drive South<br />
Englewood<br />
303 472 0357<br />
CO 80112<br />
UT 0039 <strong>West</strong>Jordon
THE CITY OF WEST JORDAN UTAH<br />
A Municipal Corporation<br />
RESOLUTION NO<br />
07 t<br />
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FOUR COPIES OF<br />
AMENDMENT NO 1 TO THE NEXTEL ROOFTOP LEASE AGREEMENT<br />
Whereas the City Council ofthe City of <strong>West</strong><strong>Jordan</strong> has reviewed Amendment No 1 to theNextel Rooftop<br />
Lease Agreement<br />
a copy of which is attached as Exhibit A and<br />
Whereas the lease extension is not to exceed September<br />
30 2008 and<br />
Whereas the City Council ofthe City of<strong>West</strong> <strong>Jordan</strong> desires that the aforementioned Amendment No 1<br />
to the<br />
Nextel Rooftop Lease Agreement be executed by the Mayor<br />
NOW THEREFORE IT IS RESOLVED BY THE CITY COUNCIL OF WEST JORDAN UTAH<br />
Section 1 After approval as to legal form the Mayor is hereby authorized and directed to execute<br />
AmendmentNo 1<br />
to the Nextel Rooftop Lease Agreement between the City of <strong>West</strong> <strong>Jordan</strong> and Nextel <strong>West</strong> Corp a<br />
Delaware Corporation db a Nextel Communications<br />
Section 2<br />
This Resolution shall take effect immediately<br />
Adopted by the City Council of <strong>West</strong> <strong>Jordan</strong> Utah this 20th day of March 2007<br />
CITY OF WEST JORDAN<br />
ATTEST<br />
By<br />
Mayor David B Newton<br />
MELANIE BRIGGS<br />
City Recorder
R s<br />
07 y<br />
Voting by the City Council<br />
AYE<br />
NAY<br />
Rob Bennett<br />
Kathy Hilton<br />
MelissaK Johnson<br />
Mike Kellermeyer<br />
Kim V Rolfe<br />
Lyle C Summers<br />
Mayor DavidB Newton
UT0039I WEST JORDON<br />
AMENDMENT NO<br />
I to the<br />
NEXTELROOFTOPLEASEAGREEMENT<br />
This Amendment No I to the Nextel Rooftop Lease Agreement<br />
Amendment is made by and<br />
between the City of <strong>West</strong> <strong>Jordan</strong> a municipal corporation City and Nextel <strong>West</strong> Corp a<br />
Delaware corporation db a Nextel Communications Nextel City and Nextel collectively the<br />
Parties hereby agree as follows RECITALS<br />
WHEREAS the City and Nextel entered into that certain Nextel Rooftop Lease Agreement<br />
executed on or about October 14 1997 the Lease Agreement for a lease ofcertain space<br />
defined in the Lease Agreement and referred to herein as the Premises located at 2100 <strong>West</strong><br />
Sugar Factory Road <strong>West</strong> <strong>Jordan</strong> Utah and<br />
WHEREAS the Parties understand and agree that the commencement date ofthe Lease<br />
Agreement is March 30 1998 and<br />
WHEREAS the Lease Agreement states that it has an initial term offive years and one additional<br />
five year renewal term 4 enewal Tenn and<br />
WHEREAS the Parties agree that absent written amendment to the contract the Renewal Term<br />
commenced on March 30 2003 and will thus end causing the Lease Agreement to expire by its<br />
own terms on March 30 2008 and<br />
WHEREAS the Parties further agree that absent written amendment to the Lease Agreement the<br />
tenancy will thereafter be deemed amonth to month tenancy and<br />
WHEREAS Nextel desires to maintain its tenancy and City desires to continue receiving rental<br />
payments until September 30 2008 or until replacement facilities have been completed by Nextel<br />
whichever occurs first and<br />
WHEREAS Nextel and City have thus determined to amend the Lease Agreement by and through<br />
this Amendment<br />
NOW THEREFORE the above recitals are incorporated herein and for good and valuable<br />
consideration the receipt and sufficiency of which is acknowledged the Parties agree to<br />
modify<br />
the Lease Agreement as follows<br />
1 The termination date ofthe only permitted Renewal Term under the Lease Agreement<br />
extended from March 30 2008 to the earlier of the following a September 30 2008 or b<br />
date on which Nextel has completed replacement facilities the Extension Period<br />
Agreement shall expire without further notice upon expiration ofthe Extension Period<br />
shall be<br />
the<br />
The Lease<br />
2 The terms and conditions of the Extension Period shall be the terms and conditions ofthe Lease<br />
Agreement unless expressly modified by this Amendment or in conflict with such express<br />
modification<br />
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UT 0039<br />
WEST JORDON<br />
3 The lease payments shall be 1 480 24 per month for the duration ofthe Extension Period and<br />
shall be paid in accordance with the Lease Agreement If the Extension Period expires on a day<br />
other the last day of a month the payment amount shall be prorated as set forth in the Lease<br />
Agreement<br />
4 Nextel shall cease operations on or before the expiration ofthe Extension Period and shall have<br />
thirty 30 calendar days thereafter to complete the following 1 removal ofNextel s AntelU1a<br />
Facilities except the Equipment Cradle from the Premises and 2 repair of any and all damage<br />
caused by the AntelU1a Facilities and removal thereof The AntelU1a Facilities and Equipment<br />
Cradle shall be as defined in the Lease Agreement<br />
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IN WITNESS WHEREOF the Parties have executed this Agreement on this<br />
2007<br />
CITY OF WEST JORDAN a<br />
municipal corporation<br />
ATTEST<br />
By Mayor David B Newton City Recorder<br />
day ofMarch<br />
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NEXTEL WEST CORP<br />
a Delaware Corporation db a Nextel Communications<br />
By everoprfient anager<br />
r J<br />
STATE OF j Iu rti 4<br />
COUNTY OF L<br />
J1 I J<br />
SS<br />
On this 2 day of 0 4 20 D pe sonally appeared before me 4 J V 2 1 f<br />
who bemg by me duly sworn dId say that he she IS ther 9 1 t II O H of<br />
Nextel <strong>West</strong> Corp aDelaware corporation db a Nextel Communications and that the foregoing<br />
instrument was signed in behalf of said corporation by authority of its Board of Directors and<br />
he she acknowledged to me that sai corporation<br />
executed the same<br />
7tJ<br />
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NOTARY PUBLIC<br />
My Commission Expires 1 Ii J l i P<br />
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a<br />
Residing in V v<br />
County<br />
BREIT R PFLEGER<br />
NOTARY PUBLIC<br />
STATE OF COLORADO<br />
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