Title
RESOLUTION AUTHORIZING FIVE YEAR LEASE AGREEMENT THROUGH DECEMBER 31, 2024 WITH AT&T FOR ANTENNA PLACEMENT UPON CITY WATER TOWER LOCATED AT 801 MINNEAPOLIS AVENUE.
Body
CITY PROPOSAL:
RESOLVED, city and New Cingular Wireless PCS, LLC, doing business as AT&T (“AT&T”) entered into an Orphanage Water Tower Site Lease Agreement dated May 7, 2010, whereby city leased to AT&T certain premises, therein described, that are a portion of city property located at 801 Minneapolis Avenue, Duluth, Minnesota 55803;
RESOLVED FURTHER, city and AT&T entered into a First Amendment to the Orphanage Water Tower Site Lease Agreement dated September 24, 2013;
RESOLVED FURTHER, city and AT&T desire to amend the allowed antennas and communication facilities, annual rent, renewal terms, and to extend the term of the agreement;
RESOLVED FURTHER, that city staff are authorized to execute the Second Amendment to Orphanage Water Tower Site Lease Agreement attached hereto as Exhibit A and any corresponding documents.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes a revised and renewed water tower site lease agreement with New Cingular Wireless PCS, LLC, doing business as AT&T through December 31, 2029 with an additional five-year option through December 31, 2034. Either party can decline to renew the five-year option before December 31, 2029. Annual rent will increase by $20,000 per year for a new annual rent of $88,299.88 in 2020, and then annual rent shall increase by the greater of i) three percent (3%); or ii) Consumer Price Index, over the previous year’s Annual Rent.