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<br />6.30 <br />Page 1 <br /> <br />.R....:...:e.....p.:.o. .:...'R..:. 'T.. <br />0" ...... . .... <br />. . <br />. '," ,.,......', <br />. . '"', '" . " <br />. . . <br /> <br /> <br />March 8, 2010 <br /> <br />SUBJECT <br />Amendment to Lease Agreement with SprintlNextel <br /> <br />ReCOMMENDATION <br />Approve I by resolution, SprintlNextel's (Nextel) request to install additional antennas in <br />accordance with the lease agreement dated December 14, 2006, and designate the City <br />Manager to reject or modify future modifications to the site plan for the term of the <br />lease. <br /> <br />BACKGROUND <br />I n December 2006 the City entered into an agreement with Nextel to lease 700 square <br />feet of City owned land situated at 555 California Way for an antenna site for wireless <br />communications (Attachment 2). The City currently receives $20,000 per year in rent <br />under this agreement. <br /> <br />In the fall of 2009 Nextel approached the Finance Department staff with a request to <br />install two additional antennas at this site bringing the total number of antennas at the <br />site to six. After conferring with Planning Housing and Economic Development (PHED) <br />staff concerning this request it was decided that Nextel would first need to obtain Use <br />and Architectural Permits to ensure that the proposed changes were compatible with <br />existing land use designations and aesthetic controls in this area consistent with review <br />criteria for similar installations on public and/or private property. The Zoning <br />Administrator reviewed and approved Nextel's application January 19, 2010. <br /> <br />The agreement between the City and Nextel requires Council to approve any changes <br />to the configuration of equipment on this site including the addition of equipment and <br />that such approval not be unreasonably withheld. <br /> <br />Staff also recommends that the existing agreement with Nextel be modified so that the <br />City Manager may be authorized to approve any further changes that Nextel may <br />subsequently request regarding the configuration of equipment deployed at this site <br />provided that such changes are approved by the Zoning Administrator or other <br />discretionary review body as applicable. <br /> <br />AL TERNA TIVES <br />The Council may elect not to approve these changes but in doing so could expose the <br />City to litigation from Nextel as the lease agreement provides that the City's consent to <br />equipment changes may not be unreasonably withheld. <br /> <br />FISCAL IMPACT <br />There is no fiscal impact as the agreement between the City and Nextel does not <br />provide for any changes to the rental payments as a result of the proposed site <br />modification. The agreement is essentially a "land lease" and entitles Nextel the right <br />