Ordinance 2922CITY OF ALAMEDA ORDINANCE NO. 2922
New Series
APPROVING AND AUTHORIING FIRST AMENDMENT TO
MULTIPLE SITE LEASE AGREEMENT BETWEEN THE CITY OF
ALAMEDA AND AMERICAN TOWER CORPORATION FOR
DEVELOPMENT AND OPERATION OF WIRLESS
TELECOMMUCATION FACILITIES ON CITY PROPERTY , AT
THE CHUCK CORICA GOLF COMPLEX , AN AT FIR STATION
WHEREAS , the City of Alameda owns and holds easements and other rights or
interests in real property in the City of Alameda; and
WHEREAS , American Tower Corporation is a communication site development
leasing and management company engaged in the business of constructing, marketing,
managing, operating and maintaining telecommunication sites; and
WHEREAS, City and American Tower Corporation entered into that certain
Multiple Site Lease Agreement dated December 19 , 2001 ("Agreement"), wherein
American Tower Corporation leases ground space on a total of three properties from the
City, two of which are identified as Chuck Corica Golf Complex and Fire Station #4
more particularly described in Exhibit B to Schedule One of the Agreement; and
WHEREAS , City and Sprint Spectrm L.P., a Delaware limited partnership
Sprint"), entered into a certain PCS Site Agreement dated January 2 , 2000 , for the
purpose of leasing equipment ground space and tower space on City s communications
tower on a property identified as Bay Farm Island , Sprint Site # SF33XC747-A; and
WHEREAS, City and Sprint also entered into a certain PCS Site Agreement dated
October 22 , 2000 , for the purpose of leasing equipment ground space and tower space on
City s communications tower on a property identified as Bay Farm Golf Course , Sprint
Site # SF36XC018-B; and
WHEREAS, the Agreement now identifies Bay Farm Golf Course as Chuck
Corica Golf Complex and Bay Farm Island as Fire Station #4; and
WHEREAS, the existing City owned Bay Farm Island and Bay Farm Golf Course
towers are each being razed and replaced by towers constructed by American Tower
Corporation ("ATC Towers ), and various Sprint equipment is to be relocated from these
towers onto the Chuck Corica Golf Complex Tower and the Fire Station #4 Tower being
constructed by American Tower Corporation pursuant to the Agreement; and
WHEREAS , the Parties have agreed that the City is not to bear any of the cost of
relocation of such Sprint equipment; and
WHEREAS , at the time of execution of the t\greement , City and American Tower
Corporation agreed that City would assign its interest in the Sprint Leases to American
Tower Corporation , and it was contemplated that such assignent would have been
completed prior to construction of American Tower Corporation Towers whereby
American Tower Corporation would have been managing a Sprint equipment relocation
directly with Sprint and with no City involvement; and
WHEREAS , with respect to relocating Sprint equipment from existing City
owned towers to American Tower Corporation Towers and with respect to Sprint
occupying space on AmeriGan Tower Corporation Towers , City and American Tower
Corporation now find it undesirable for City to assign its interest in the Sprint leases to
American Tower Corporation; and
WHEREAS , American Tower Corporation wil provide City and/or its tenant
Sprint , with tower space on both the Chuck Corica Golf Complex Tower and the Fire
Station #4 Tower pursuant to the Agreement; and
WHEREAS, the parties hereto desire to enter into this First Amendment to the
Agreement to define each party s lights and obligations with respect to the relocation of
the afore referenced equipment and with respect to tower space to be provided by
American Tower Corporation; and
WHEREAS, pursuant to City Charter section 3-, no real property of the City
shall be leased for a period in excess of one year or sold , except upon the affrmation vote
of four members of the City Council.
NOW , THEREFORE , BE IT ORDAIND by the Council of the City of Alameda
by four affirmative votes:
Section 1 That the form of First Amendment to Multiple Site Lease Agreement
presented to the City Council on April 20 , 2004 , and the terms , conditions and covenants
contained therein be , and the same are hereby approved.
Section 2 . That the City Manager of the City of Alameda , be , and he is hereby
authorized to execute , for and on behalf of the City of Alameda , a First Amendment to
Multiple Site Lease Agreement substantially in the form and containing the terms and
conditions and covenants as set out in the First Amendment to Multiple Site Lease
Agreement referred to in the preamble hereof, and the City Clerk is hereby authorized and
directed to attest to the same.
Section 3 . This ordinance shall be in full force and effect from and after the
expiration ofthirt (30) days from the date ()iits fi al passage.
Attest:
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, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 4th
day of May, 2004 by the following vote to wit:
AYES:Councilmembers Daysog, Gilmore, Kerr , Mataese, and
Mayor Johnon - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
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IN WITNSS , WHREOF , I have hereunto set my hand and affixed the offcial seal of said City this
th day of May, 2004.
Lara Weisiger, City
City of Alameda