AgdaPkt 2011-07-11 - Laserfiche WebLink

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6.3.B. - Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT BY AND BETWEEN THE CITY OF REDWOOD CITY AND NEW CINGULAR WIRELESS PCS, LLC WHEREAS, the City of Redwood City ( "City ") is the owner of certain real property located at 575 California Way in Redwood City and commonly referred to as the Emerald Lake Hills Water Tank Property ( "City Property "); and WHEREAS, the City entered into a Lease Agreement with Cingular Wireless PCS, LLC's ( "Cingular ") predecessor, Bay Area Cellular Telephone Company, dated July 29, 1996, for wireless communication facilities on a portion of the City Property ( "Lease "); and WHEREAS, Cingular desires to (a) extend the term of the Lease by five (5) years, (b) modify the rent during the extended term, and (c) include the Site Plan originally prepared by Cingular's predecessor for inclusion as part of Exhibit B as it is referenced throughout the Lease but which appears to have been inadvertently omitted from the Lease; and WHEREAS, Section 19.04 of the Lease requires that any modification to the Lease be agreed to in a writing signed by the parties in interest at the time of the modification: and WHEREAS, the City and Cingular desire to enter into that certain First Amendment to Lease Agreement attached hereto as Attachment No. 1 in order to effectively modify the Lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redwood City that the City Council hereby approves the First Amendment to Lease Agreement in the form attached hereto as Attachment No. 1 and authorizes the City Manager to sign the First Amendment to Lease Agreement on behalf of the City, subject to minor technical changes approved by the City Attorney, and to take such further actions as may be necessary to carry out the purpose of the First Amendment to Lease Agreement. ATTY /RESO.2144 /Extend Cingular Lease Agreement 070511