Item 8E AGENDA ITEM # 8E
SEPTEMBER 27, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Modification to Verizon Wireless Lease
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: September 14, 2010
BACKGROUND: Verizon Wireless currently has a lease with the City of Atlantic Beach to rent
antenna space on and near our elevated water tank at Water Plant No. 1 (469 11 St.). Verizon would
like to enlarge their emergency generator, requiring a larger concrete pad and an additional 52 square
feet of area at the plant.
Staff contacted other utilities to determine a fair price increase for the additional leased space. As part
of this modification, Verizon has agreed to increase their rent payment by $2,400 per year, effective
on the date of construction.
BUDGET: Verizon's current rent is $15,585.11 per year, with an annual increase of 4 %. The
additional rent would increase their current payment to $17,985.11.
RECOMMENDATION: Approve the Amendment to the Verizon Wireless Site Lease and
authorize the City Manager to sign the lease documents.
ATTACHMENTS: 1. First Amendment to PCS Site Lease
2. First Amended Short Form Lease
REVIEWED BY CITY MANAGERL . _
1
AGENDA ITEM # 8E
SEPTEMBER 27, 2010
Site Name: Mayport Road
Site ID: 100402
FIRST AMENDMENT TO PCS SITE LEASE
This First Amendment to PCS Site Lease (the "Amendment") is made this day of
2010, between City of Atlantic Beach (the "OWNER "), and Verizon Wireless Personal Communications LP, a
Delaware limited partnership d/b /a Verizon Wireless ( "LESSEE ").
WHEREAS, OWNER and LESSEE's predecessor -in- interest, PCS PrimeCo, L.P., a Delaware limited
partnership entered into a PCS Site Lease ( "Lease "), dated November 9, 1995, together with that certain Short Form
Lease recorded in O.R. Book 8391 Page 201 of the Public Records of Duval County, Florida for the lease of a
portion of certain real property and a communications facility (the "Site "), located at 469 11 ` Street, Atlantic Beach,
Duval County, Florida;
WHEREAS, LESSEE desires to lease additional land from the OWNER as more particularly described in
Exhibit A -1 attached hereto; and
WHEREAS, OWNER and LESSEE desire to modify the Lease as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto stipulate and
agree as follows:
1. All capitalized terms in this Amendment, not otherwise defined herein, shall have the meaning
ascribed to them in the Lease.
2. OWNER and LESSEE agree and acknowledge that the portion of Paragraph 1 of the Lease which
states: "Real property comprised of approximately 150 square feet of land" is here by deleted and shall be replaced
with: "Real property comprised of approximately 202 square feet of land."
3. Leased Premises. The Sketch of Site included on Attachment "A" of the Lease is hereby deleted
in its entirety and replaced with Attachment "A -1 ", attached hereto. All references to Attachment "A" in the Lease
shall be deemed to include Attachment "A -1" attached hereto.
4. Rent. The current annual rent shall be increased by Two Thousand Four Hundred and NO /100
Dollars ($2,400.00), partial years to be prorated, which increase shall commence based upon the date LESSEE
commences construction on the premises. In the event the date LESSEE commences construction on the leased
premises falls between the 1 st and 15 of the month, the rent increase shall commence on the P of that month and if
the date construction commences falls between the 16 and 31S of the month, then the rent increase shall commence
on the 1st day of the following month (either the "Commencement Date "). OWNER and LESSEE agree that they
shall acknowledge in writing the Commencement Date.
Within thirty (30) days after a written acknowledgement confirming the Commencement Date has been
received by LESSEE, LESSEE will pay OWNER the rent increase for the remainder of the current lease year. By
way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written
acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the OWNER the
rent increase payment by February 13.
5. Notices. LESSEE's Notice Address as set forth in the Lease is hereby deleted in its entirety, and
replaced with the following:
AGENDA ITEM # 8E
SEPTEMBER 27, 2010
LESSEE: Verizon Wireless Personal Communications LP,
a Delaware limited partnership
d/b /a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
6. All other terms of the Lease remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed pursuant to due
authority as of the day and year first written above.
WITNESSES: OWNER:
City of Atlantic Beach
By:
Name:
Print Name: Title:
Date:
Print Name:
By:
Name:
Title:
Date:
WITNESSES: LESSEE:
Verizon Wireless Personal Communications LP,
a Delaware limited partnership d/b /a Verizon Wireless
By:
Name: Hans F. Leutenegger
Print Name: Title: Area Vice President Network
Date:
Print Name:
2
AGENDA ITEM # 8E
SEPTEMBER 27, 2010
ATTACHMENT "A -1"
Site Sketch
SEE ATTACHED
3
AGENDA ITEM # 8E
SEPTEMBER 27, 2010
Site Name: Mayport Road
Site ID: 100402
THIS FORM PREPARED BY
Tirso M. Can•eja, Jr.
Fowler White Boggs P.A.
501 E. Kennedy Blvd., Suite 1700
Tampa, Florida 33602
FIRST AMENDED SHORT FORM LEASE
This First Amended Short Form Lease is made this day of , 2010, between
City of Atlantic Beach (the "OWNER"), and Verizon Wireless Personal Communications LP, a Delaware limited
partnership d/b /a Verizon Wireless ( "LESSEE ").
1. Owner and LESSEE entered into a PCS Site Lease, dated November 9, 1995 (the "Lease "), as amended
on , 2010, by that certain First Amendment to PCS Site Lease (the "First Amendment ")
for the lease of a portion of certain real property and a communications facility (the "Site "), located at 469 11
Street, Atlantic Beach, Duval County, Florida, together with that certain Short Form Lease (the "Short Form
Lease "), recorded in O.R. Book 8391 Page 201 of the Public Records of Duval County, Florida.
2. OWNER and LESSEE execute this First Amended Short Form Lease to delete sketch on Attachment
"A" of Short Form Lease and replace the sketch with Attachment "A -1 ", which depicts the 202 square feet of
ground space leased to Lessee, under the terms of the Lease and the First Amendment.
3. Nothing contained herein shall be deemed to impair or change the priority of the Lease with respect to
any other encumbrance on the Site. All terms and provisions of the Short Form Lease not expressly modified herein
shall remain in full force and effect.
4. The terms, covenants and provisions of the Lease of which this is the First Amended Short Form Lease,
shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of OWNER
and LESSEE.
AGENDA ITEM # 8E
SEPTEMBER 27, 2010
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, OWNER and LESSEE have caused this Amended
Short Form Lease to be duly executed on the date below.
WITNESSES: OWNER:
City of Atlantic Beach
By:
Name:
Print Name: Title:
Date:
Print Name:
By:
Name:
Title:
Date:
WITNESSES: LESSEE:
Verizon Wireless Personal Communications LP,
a Delaware limited partnership d/b /a Verizon Wireless
By:
Name: Hans F. Leutenegger
Print Name Title: Area Vice President Network
Date:
Print Name
OWNER NOTARY ACKNOWLEDGMENT:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2010, by , as
of City of Atlantic Beach, Florida and by as of City of
Atlantic Beach, Florida. Who are personally known to me or has produced as identification.
(Printed, Typed or Stamped Name of Notary)
(Official Notary Signature)
Notary Public - State of Florida
LESSEE NOTARY ACKNOWLEDGMENT:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
The foregoing instrument was acknowledged before me this day of , 2010, by Hans F. Leutenegger, as Area
Vice President Network of Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b /a Verizon Wireless, on behalf of
the partnership. He is personally known to me or has produced as identification.
(Printed/Typed/Stamped Notary Name)
(Official Notary Signature)
Notary Public - State of North Carolina
AGENDA ITEM # 8E
SEPTEMBER 27, 2010
ATTACHMENT "A -1"
Site Sketch
SEE ATTTACHED
AGENDA ITEM # 8E
SEPTEMBER 27, 2010
i ESTIMATED MAGNETIC
NORTH
.....,-- i
-- k7= XISTING LESSEE 8' 0 x 15` -0'
CONCRETE EQUIPMENT PAD
WITH EQUIPMENT CABINETS ON
2'-5" x 15' -2" I -BEAM OVERHANGING
EXISTING WATER TANK THE PAD 1' -7"
\\ - EXISTING ICE BRIDGE
F 8' t EXISTING WATER TANK
LEG EOLINDATIOLI
\
EXISTING HAND HOLE 8
16' " �j. � ~
► ' EXISTING LESSEE 15 KW
3' GENERATOR WITH 97 GAL
BELLY TANK ON 3' -0" x 3' -0"
i CONCRETE EQUIPMENT PAD
EXISTING POWER - _ — '
TO BE REPLACED WITH
POLE WITH GUY WIRE i T - W 9" 30 K LP GENERATOR ON
C■. / EXISTING CONCRETE PAD
siii / 0\ ( EXI STING LE
4 — UTILITY RACK
/ PROPOSED LESSEE 3' -0" x 4' -0"
EXISTING GRATE Gp� r CONCRETE PAD EXTENSION FOR /
INLET PROPOSED GENERATOR
PAVED ROAD EXISTING HAND - / r _ I PROPOSED LESSEE GAS LINE ROUTE
HOLE \ J
' (� EXISTING LESSEE 120 GAL
1 1 \ —' PROPANE TANK
I \ / \ TO BE REMOVED
Exi TING REE
\
J \ _ _ 10' RADIUS SAFETY —
BUFFER FROM LP
1 EXISTING CONCRETE TANK FILL POINT
I CULVERT OUTLET
PROPOSED LESSEE 500 GALLON LP FUEL TANK
I ON 4' -0" x 10' -0" CONCRETE PAD
- . ,----- , K r _.K_ , -t
f ;
EXISTING VINYL --/
FENCE
APPROVED BY:
0 5 10 20
PROPOSED SITE PLAN VERIZON:
SCALE: 1" = 10•-0" OWNER:
AE - ��� SITE NAME: MAYPORT ROAD ISSUE DATE: 2/16/10 KLL
SITE NUMBER: 100402 REVISION DATE: 8/16/10 KLL
TOWER OWNER: CITY OF ATLANTIC BEACH
COMMUNICATIONS" INC. TOWER OWNER SITE NAME 1 #: WATER TANK REVISION DATE:
223 US HIGHWAY 70 EAST; SUITE 120-A SITE ADDRESS: 469 11TH STREET
GARNER,
I �N N E 9 CAROLINA REVISION DATE:
919-771-1961 27529 ATLANTIC BEACH, FL 32233
FAX 919-771-1962