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07/11/2011 <br /> ORIGINAL <br /> RESOLUTION NO. 15130 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD <br /> CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO <br /> EXECUTE A LEASE AMENDMENT BY AND BETWEEN THE CITY OF <br /> REDWOOD CITY AND NEW CINGULAR WIRELESS PCS, LLC <br /> WHEREAS, the City of Redwood City ( "City ") is the owner of certain real property <br /> located at 575 California Way in Redwood City and commonly referred to as the <br /> Emerald Lake Hills Water Tank Property ( "City Property "); and <br /> WHEREAS, the City entered into a Lease Agreement with Cingular Wireless <br /> PCS, LLC's ( "Cingular ") predecessor, Bay Area Cellular Telephone Company, dated <br /> July 29, 1996, for wireless communication facilities on a portion of the City Property <br /> ("Lease"); and <br /> WHEREAS, Cingular desires to (a) extend the term of the Lease by five (5) <br /> years, (b) modify the rent during the extended term, and (c) include the Site Plan <br /> originally prepared by Cingular's predecessor for inclusion as part of Exhibit B as it is <br /> referenced throughout the Lease but which appears to have been inadvertently omitted <br /> from the Lease; and <br /> WHEREAS, Section 19.04 of the Lease requires that any modification to the <br /> Lease be agreed to in a writing signed by the parties in interest at the time of the <br /> modification; and <br /> WHEREAS, the City and Cingular desire to enter into that certain First <br /> Amendment to Lease Agreement attached hereto as Attachment No. 1 in order to <br /> effectively modify the Lease. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br /> Redwood City that the City Council hereby approves the First Amendment to Lease <br /> Agreement in the form attached hereto as Attachment No. 1 and authorizes the City <br /> Manager to sign the First Amendment to Lease Agreement on behalf of the City, subject <br /> to minor technical changes approved by the City Attorney, and to take such further <br /> actions as may be necessary to carry out the purpose of the First Amendment to Lease <br /> Agreement. <br /> ATTY /RESO.2144 /Extend Cingular Lease Agreement RESO # 15130 <br /> 070511 MUFF # 304 <br />