RESOLUTION NO. 22-__
A Resolution of the City Council of the City of Hercules Authorizing the City Manager to Execute the Amended and Restated Site Lease with New Cingular Wireless PCS, LLC at the Existing Refugio & Falcon Cell Tower on APN#407-290-007 (aka Site CNU4617) WHEREAS, on January 27, 2009 the City Council passed Resolution No. 09-014 authorizing the City Manager to execute the initial “Site Lease Agreement” and “Memorandum of Lease” with AT&T to install their ground equipment for a cellular facility on City Property, with the cellular arrays being attached onto the existing PG&E power poles (which are under a separate private party lease); and WHEREAS, on March 11, 2009 the City executed a “Site Lease with Option” with Cingular Wireless PCS, with initial base lease rent of $1,800 per month, an annual consumer price index (“CPI”) increase, and a maximum term of 9 years; and WHEREAS, on June 27, 2017, the City passed Resolution No. 17-048 executing an “Amended and Restated Site Lease” with New Cingular Wireless PCS, with a term of 5 years commencing on April 1, 2018 and terminating at midnight on March 31, 2023, with an additional 5 year option to renew on the same terms and conditions, and an initial base lease rent of $2,500 per month with an annual consumer price index (“CPI”) increase, so that today’s current lease rate is $2,868.67 per month ($34,424.04 annually); and WHEREAS, Cingular Wireless PCS desires to increase the site area leased from approximately 477 square feet to approximately 620 square feet to accommodate an emergency generator for the site; and WHEREAS, the City’s consultant, Center for Municipal Solutions (CMS), negotiated a restated and amended 5 year agreement commencing July 1, 2022, that provides for a higher monthly lease rate of $3,481.00 per month, to be increased annually by 3% or the CPI, whichever is higher, with a maximum cap at 4% increase as stated in the attached Lease; and WHEREAS, an “Amended and Restated Site Lease Agreement” and “Memorandum of Lease” for recordation have been prepared, reviewed by the City Attorney, and executed by AT&T Mobility Corporation for their tenant New Cingular Wireless PCS, LLC for the City Council’s consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the project is exempt from CEQA, and BE IT FURTHER RESOLVED that the City Council of the City of Hercules approves the attached “Amended and Restated Site Lease Agreement” and “Memorandum of Lease” with New Cingular Wireless PCS, LLC and authorizes the City Manager to execute all lease related documents.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 26th day of July, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, City Clerk
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