HomeMy WebLinkAboutAddendum 1 to Site LeaseADDENDUM NO. 1
ADDENDUM TO SITE LEASE AGREEMENT
BETWEEN NEW CINGULAR WIRELESS PCS, LLC, AND THE CITY OF AUBURN
RELATING TO SITE LEASE FOR 5702 S. 315TH STREET, AUBURN, WASHINGTON
THIS ADDENDUM is made and entered into this 44day of 12& f, OfA.,. ,
200Is, by and between NEW CINGULAR WIRELESS PCS, LLC, (hereinafter referred to as
"Cingular") and the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "City"), as an addendum to that certain Site Lease Agreement
("Lease") between the parties for operation of a personal communications service antenna
installation on City property, which Lease is dated September 15, 2005 and was effective
September 1, 2005.
RECITALS:
l . Cingular and Global, among other parties, have entered into that certain Purchase
Agreement dated as of September 26, 2008 (as amended and assigned from time to time, the
"Purchase Agreement"). Under the Purchase Agreement, Cingular will transfer certain assets
that include the Lease to an affiliate of Cingular ("Assignee"), and thereafter transfer 100% of its
interest in Assignee to Global Tower, LLC or one of Global Tower, LLC's affiliates ("Global").
The foregoing two-step assignment of Cingular's interest in the Lease is referred to herein as the
"Transfer."
2. Cingular, by letter received by the City on October 20, 2008, has notified the City
that it intends to assign its interest in the Lease to Global by way of the Transfer.
3. From and after the effective date of.the Transfer, Global shall become the tenant
under the Lease.
4. Section 15 of the Lease provides for the assignment of the Lease with the written
consent of the City.
TERMS AMENDED:
Contingent upon the closing of the Transfer pursuant to the terms of the Purchase
Agreement, the Lease shall be amended as follows:
1. "Global Tower, LLC" or one of Global Tower, LLC's affiliates shall be
substituted for "New Cingular Wireless PCS, LLC" throughout the Lease.
2. Section 12, Notice, shall be amended by striking all reference to New Cingular
Wireless PCS, LLC, and substituting the following Notice addresses:
Page 1
If to Tenant, To:
Global Tower, LLC
1801 Clint Moore Road, Suite 215
Boca Raton, FL 33487
Fax:561-995-0321
With a Copy to:
Timothy Culver
Attorney at Law
287 Main Street
Sag Harbor, NY 11963
Fax:631-725-4109
or such other Notice addresses as are provided to the City by Global.
3. In the event that the Transfer fails to occur, or in the event that Cingular's interest
in the Lease is excluded from the Transfer, the Lease shall remain unchanged and this
Addendum shall be of no force or effect.
4. REMAINING TERMS UNCHANGED: All other provisions of the Lease shall
remain unchanged, and in full force and effect.
[Signatures on the following page.]
Page 2
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
New Cingular Wireless PCS, LLC
Jon Morris
Its: Director, SREI
Attest:eiV, .,' '
By:
Its:
Attest:
By:
Its:
Approved as to form:
Attorney for
Doc # 01-2260606.1
1 0 .:.'•
1 �
:
. Lewis, Mayor
Attest:
Danielle E. Daskam, City Clerk
Approved as to
Daniel B.
Page 3
CITY OF
UBU� Peter B. Lewis, Mayc
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-30(
November 7, 2008
Mr. Jon Morris
Director, Strategic Real Estate Initiatives
c/o Phillip Lytle LLP
3400 HSBC Center
Buffalo, NY 14203
RE: Amendment to Lease between- City of Auburn and AT&T Mobility LLC for
site located at 5702 S. 316th Street, Auburn, WA 98001
Dear Mr. Morris:
This responds to your August 14, 2008 letter requesting the City of Auburn sign
an Estoppel Certificate, and that the City agree to transfer of the Lease to Global
Tower, LLC or one of its affiliates.
The City agrees to the transfer. A signed copy of the Estoppel Certificate is
enclosed.
am also enclosing an amendment to the Lease that you and a representative
from Global Tower need to execute and return.
Please contact Lisa Torres at (253) 288-3158, if you have any questions.
Vter.ewis
Mayor
AUBURN * MORE THAN YOU IMAGINE]
CITY OF
UBU� Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
December 11, 2008
Mike Gallagher
AT&T Towers
12555 Cingular Wy Ste 1276
Alpharetta GA 30004
RE: , Addendum No. 1 to Site Lease Agreement with New Cingular Wireless
PCS, LLC
Dear Mr. Gallagher:
Enclosed please find the original Addendum No. 1 to Site Lease Agreement
between New Cingular Wireless PCS, LLC and the City of Auburn relating to the
site lease for 5702 S 315t" Street, Auburn Washington.
Please contact City of Auburn Facilities Manager Lisa Torres at 253-288-3158 if
you have an questions.
Thank you,
Cathy Richardson
Deputy City Clerk
cc: File A3.17
Lisa Torres
AUBURN*MORE MORE THAN YOU IMAGINED
The new at t'
r era rici'. Dehvewd.
SENT VIA FEDX
December 5, 2008
Lisa Torres
City of Auburn
25 West Main Street
Auburn, WA 98001
Thank you,
SUBJECT: Amendment to Site Lease Agreement
Dear Lisa:
Per our e-mail exchange with Kelly Davis, attached you will find the partially executed
Amendment to Site Lease Agreement.
Please return a copy of the executed agreement to my attention at the address below:
AT&T
Willows Technology Center 1
14500 NE 87th Street
Redmond, WA 98052
I appreciate your time and effort in this matter. Have a good day.
Sincerely,
,?M;Okm-
i s
Director, AT&T