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HomeMy WebLinkAboutRes4037 Sublease Cingular to ClearwireRESOLUTION NO. 4037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBLEASE AGREEMENT BETWEEN THE CITY, NEW CINGULAR WIRELESS PCS, LLC AND CLEARWIRE LLC, FOR THE PURPOSE OF SUBLEASING PROPERTY FOR COMMUNICATION EQUIPMENT THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES as follows: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Sublease Agreement between the City, New Cingular Wireless PCS, LLC and Clearwire LLC, for the purpose of leasing property at 5702 South 316th Street, Auburn, for communication equipment. A copy of said Agreement is attached hereto and denominated Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4037 May 16, 2006 Page 1 Dated and Signed this `-' "\ day of J , 2006. [Symal _[111111I1101 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 4037 May 16, 2006 Page 2 w CITY OF _ Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwo.gov * 253-931-300p May 16, 2006 Cingular Wireless LLC Attn: Network Real Estate Administration 6100 Atlantic Boulevard Norcross, GA 30071 Clearwire LLC Attn: Site Property Manager 5808 Lake Washington Blvd NE, Suite 300 Kirkland, WA 98033 Regarding: Clearwire Collocation at Cingular LLC Site — SS02_Auburn The City of Auburn has reviewed the request from the New Cingular Wireless PCS, LLC ("Cingular") to sublease a portion of the property it leased from the City of Auburn to Clearwire, LLC. Pursuant to Section 15 of the Site Lease Agreement between the City of Auburn and Cingular, approved by City of Auburn Resolution No. 3886 ("Lease"), the City of Auburn hereby grants its written approval for Cingular to Sublease all or a portion of the Lease Area and Antenna Facilities, as those terms are defined in the Lease, to Clearwire LLC under the following conditions: The terms of the Lease shall be binding on Clearwire and the Lease is deemed to be included by reference in the Sublease. The City of Auburn may invoke the termination provisions of the Lease based on Clearwire's actions in the same manner as if those actions were taken by Cingular; provided, Cingular's termination of the Sublease within thirty days of its receipt of the City's written notice under Section 9 of the Lease shall be deemed to be a cure for Clearwire's breach of the Lease or its failure to perform a covenant of the Lease. As consideration for the City of Auburn's approval of Cingular's sublease to Clearwire, Clearwire shall, for the term of the sublease and any renewals or extensions thereof, pay to the City of Auburn $6,000.00 per year under the terms of Section 4 of the Lease. For purposes of the Lease, Clearwire may be given notice at the above address, unless Clearwire designates another address under Section 12 of the Lease. AUBURN* MORE THAN YOU IMAGINED 9 This approval shall become effective upon Cingular and Clearwire's acceptance of the terms and conditions set forth above by signing below in the indicated locations and returning this letter to Chris Thom at the City of Aubum. Sincerely, Peter B. ewis, Mayor TENANT: New Cingular Wireless PCS, LLC a Delaware limited liability COmpan By Print Name: Neil C_ Boyer Its: Director, Network Date: 9' —1 6, a SUB -TENANT: Clearwire LLC a Nevada limited liability company By : cg:-� Print Name: Its: Date: 0 1 - '"��� Site: Auburn SS02 Clearwire WA-TAC159 Steel Lake Park FIRST AMENDMENT TO ANTENNA SITE SUBLEASE AGREEMENT THIS FIRST AMENDMENT TO ANTENNA Ste, SUBLEAS GREE NT (this "First Amendment") is entered into as of the Lim_ day of 2006 by and between New Cingular Wireless PCS, LLC, a DelawarQ limited liability company, successor -in -interest to AT&T Wireless Services, Inc. ("Sublessor") and Clearwire US LLC f/k/a Clearwire LLC, a Nevada limited liability company ("Sublessee"). WHEREAS, Sublessor and Sublessee entered into that certain ANTENNA SITE SUBLEASE AGREEMENT dated August 30, 2005 (the "Agreement") in regard to the lease of certain property located at 5800 S. 316`h Street, Auburn, County of King, State of Washington. WHEREAS, Sublessor and Sublessee desire to amend the Agreement to replace Exhibits 1, 3, and 5 with the attached Exhibits to match the desired equipment and equipment mounting location to be installed at the site, WHEREAS, Sublessor and Sublessee hereby express their mutual desire and intent to amend the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration Sublessor and Sublessee hereby agree as follows: 1. Exhibits 1, 3, and 5, are hereby replaced with the attached Exhibits and made a part hereof. In the event of inconsistency or discrepancy between Exhibits 1, 3, and 5 and Sublessee's equipment information set forth in the Agreement, Exhibits 1, 3, and 5 shall control. 2. Except as otherwise provided in the Site Lease, this Site Lease may be terminated by Sublessor without any penalty or further liability upon written notice that Sublessee's actions have caused Sublessor to be in default of Sublessor's Lease and such actions have not been cured within 15 days of written notice. 2. All capitalized terms not herein defined shall have the same definitions as in the Agreement. 3. In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall take precedence. 4. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified, remains in full force and effect, and is incorporated and restated herein as if fully set forth at length. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. IN WITNESS WHEREOF, the parties below have caused this First Amendment to be executed as of the date first written above. SUBLESSOR: New Cingular Wireless PCS, LLC a Delaware limited liability c mpany By:_ IPA Name: keil Boyer Its: Director, two* Dated: , o%6 SUBLESSEE: By:�:—C-77�> Name: John A. Storch Its: V.P. Network Deployment Date: o"). Zi- `uN STATE COUNT 0 E d of , 20_p before me personally appeared an acknowledged under oath at he s the of the named in the attar ed i s ment, andzkaa o execute this instrument on behalf of the 191W9 ". WITNESS my hand and the official seal affixed the day and year first above written. Notary Public in and for the State of My Commission Expires `,, �% STATE OF § COUNTY OF § On the day of authorized to execute WITNESS my hayfd and s r ZqC IA �fj/11►t111����` 20_, before me personally appeared einthelattached edged under oath that _he is the the instrument, and as such was on behalf of the al seal affixed the day and year first above written. Notary P}filic in and for the State of My Co mission Expires: STATE OF WASHINGTON COUNTY OF KING On 7/25/06 , before me, Rachel Nessa Titus Notary Public, personally appeared John A. Storch , the VP of Network Do oyment of Clearwire LLC, a Nevada limited liability co anYpersonally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribe to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 4—Pnnt Name: Rachel Ne us Notary Public in and for the State of Washington, Residing in Seattle, WA My commission expires: 9/19/09 Exhibit 1(Page 1 of 2) Description of Antennas/Locations Anto.nnn infnrmatlan_ Antenna Heights 1 Antenna / 1 BTS @ 1 Antenna / 1 BTS 1 60' @ 60' Antenna Quantity 1 Antenna / 1 BTS 1 Antenna / 1 BTS Antenna Manufacturer Stella Doradus / NextNet Stella Doradus / NextNet Antenna Model (Attach Spec Sheet) SD98 / 2500 SD98 / 2500 Weight (per antenna) 5.5 Lbs / 35 Lbs 5.5 Lbs / 35 Lbs Antenna Dimensions (HxWxL) 35.8" x 5.5" x 4.5" / 19.3" x 11.3" x 5.1" 35.8" x 5.5" x 4.5" / 19.3" x 11.3" x 5.1" ERP (watts) 49 EIRP / 79.4 EIRP 49 EIRP / 79.4 EIRP Antenna Gain 16 dBi 16 dBi Orientation/Azimuth 180 300 Mechanical Tilt 2% 2% Transmit Frequency* 2500/2686 Mhz 2500/2686 Mhz Receive Frequency* 2500/2686 Mhz 2500/2686 Mhz Number of Coax Cables (per antennae) 1 1 Diameter of Coax Cables 5/16" Ethernet 5116" Ethernet Filtering Information: N/A Type of Service (TDMA, CDMA, GSM etc.) Fixed Broadband Wireless Microwave Dish Quantity 1 Manufactur er Andrew Model # P217-52 Mounting Height @ 60' Dimensions 2'Diameter X12"depth Frequency 5.25 - 5.8GHz // 23 GHz # of coax / size 2RG6 Weight 35 lbs Power Output 100 mW Additional Equipment (Amplifiers, E911, GPS, etc.) List each additional equipment type separately for example: Amplifiers in Section 1, E911 antenna in Section 2 Section 1 - Equipment Type: Quantity: 1 GPS Unit Manufacturer: Trimble Acutime Model No. 2000 FCC ID:N/A Azimuth:N/A Dimensions: 6" x 5" Frequency: TX/RX 2500-2686 Desired Height on tower: same as panel Section 2 - Equipment Type Equipment Cabinets or Shelter Cabinet Shelter / Cabinet Manufacturer DDB Unlimited OD-50DX Exhibit 1(Page 2 of 2) WrEf s W7777:� TIM Exhibit 3 Plans and Specifications (See attached 7 pages) r W W Q WkW CL 15 RAEcc '^ Q E R - of Y+ ^ »:aru t Wmo Am I JLu CL 1, s W W F N W z z G Mawr _ate h; cc W C a:(00 ca �a a 6 bA Ylyw :. q c39' C �tQX bl �¢j W m V a Ca w N ry�N�N•- �L Yj o N $ x id fr S N 0� t m io N Ol � O • : z 3 � � � on U VUUVVt> U m Q y. 127 s � m Alie,""It1� I �_ ° a all Elm M9H e $° 046 s a � M Hip_ °g ww "e. -gig a��t �5 .e��� ��$s���gs�n����� gay oil�o �����ut W ass fflh���y�x� ga$a 7 ci ahm fo +� 1; m 3w$ `ate y,j� o�sn rsw E $ s 9 °Iyy � �" UDR s m 55wu i ° w g9 °G o isz z €�€ d� wg �' �� G �n gg •� s 3 �w° � �om� L 3No q 5 �� - gy m g-M H �m Hut co OR Al 89 8.0xui 9° '° IS �.- FC G° 3W0 3i" O U o22Cj ovlw of O U m 'I i g 1 > I 1!---MN'1B M- I �w O i3 y mom 33 l Vg oo ------^__' ('dKO 3Nn Amiaow w� 1 I G a Wm ' wOEa G I � t 1 z y a 44 I I V � 1 r— - a I ! w 0 ■ o,4 3 ►�<- < 4F v H �E s s s 7 � d � e b^ rvY a m r ■ 79'V (T),ost — HUM ONUS1x3 !0 d01 Gov t+taa oil live4a tuaoN 3 b i v x -- 4--tC' L�-x -- x x x -f-- x 0 ■ wmuv a w �* IS" an F{ 8 z �j¢O �m2 �t im© Ihl K) U m a SS- 41 YY YY Y Y yy Y yz� $ co 2255QQ455 . gg \ r t Bt t gg I ?. \/� N �DWwo""3,n y s 8t s s 0313 Oss n 0313 DW Y Oss F~�2 3 r 3 Z� m ,B JtlAN J �$ EM 1 , " I. . 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