HomeMy WebLinkAbout06-05-2006 ITEM VIII-B-6A
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WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 4037
Mav 16, 2006
Department:
Attachments:
Budget Impact:
Public Works
Resolution No. 4037
$ 0
Administrative Recommendation:
City Council adopt Resolution No. 4037.
Background Summary:
Resolution No. 4037 authorizes the Mayor to execute a sublease agreement between the City, New
Cingular Wireless PCS, LLC and Clearwire LLC for placement of communication equipment at 5702
South 316th Street, Auburn. The conditions of the sublease are the same as the conditions of the lease
has a term of 5 years with the option to renew for five additional 5 -year terms. Sublease rent:, payable to
the Water Utility is $6,000.00 per year with an annual increase in proportion to the increase in the
Consumer Price Index.
W0605-5
A3.17
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ®Public Works
❑ Human Resources ❑ Police
❑ Planning Comm. ❑ Other
❑ Legal ® Public Works
Action
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
_/_/_
Tabled Until
Councilmember: Wagner Staff: Dowd
Meeting Date: June 5, 2006 Item Number: VIII.B.6
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION 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 Mull force
upon passage and signatures hereon.
Resolution No. 4037
May 16, 2006
Page 1
Dated and Signed this day of , 2006.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
E)dniel B. Nei
City Attorney
Resolution No. 4037
May 16, 2006
Page 2
CITY OF ..., ;.
R U, - -
Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwo.gov * 253-931-3000
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, L.L.C.
Pursuant to Section 15 of the Site Lease Agreement between the City of
Aubum 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
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 Thorn at the City of Auburn.
Sincerely,
Peter B. Lewis, Mayor
TENANT:
New Cingular Wireless PCS, LLC
a Delaware limited liability company
By :
Print Name:
Its:
Date:
SUB -TENANT:
Clearwire LLC
a Nevada limited liability company
By
Print Name:
Its:
Date: