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HomeMy Public PortalAbout2023.123 (10-17-2023)RESOLUTION NO. 2023.123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOODAPPROVING AN AMENDMENT TO A LEASE AGREEMENT WITH CROWN CASTLE FOR THE WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 11240 CALIFORNIA AVENUE RECITALS WHEREAS, the City of Lynwood ("City") previously entered into several lease agreements for City -owned property for the development of wireless telecommunications facilities by various wireless telecommunications companies; and WHEREAS, Crown Castle MU LLC ("Crown Castle") is a wireless telecommunications company that has subsequently acquired the rights to the COMMUNICATIONS SITE GROUND LEASE with Mountain Union Telecom of California, LLC, dated July 25, 2000 ("Agreement") for the wireless telecommunications facility located at 11240 California Avenue ("Sanborn"); and WHEREAS, the Term of Agreement for the Sanborn facility will expire in 2030, and City and Crown Castle desire to amend the Agreement for the Sanborn facility to extend the lease terms for four (4) additional five-year extension terms for a total possible lease term of fifty (50) years (Amendment"); and WHEREAS, in exchange for a fifteen (15) year waiver of base rent, the City and Crown Castle have agreed to a lump sum payment for pre -paid rent of $590,000.00, and the wavier of the base rent shall not affect the revenue sharing obligation under the Agreement; and WHEREAS, the City Council finds that it is in the City's best interest to enter into the proposed Amendment to the lease for the Sanborn facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Resolution. Section 2. The City Council authorizes the City Manager to execute the First Amendment to Communications Site Ground Lease for the Sanborn facility in a form approved by the City Attorney, and authorizes the City Manager to enter into any amendments, modifications, change orders, or agreements necessary to effectuate the purposes of the Agreement. Section 3. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect. 1 PASSED, APPROVED AND ADOPTED this 17t11 day of October 2023. ATTEST: aria Quinonez, City Clerk Noel Tapia, City Att ney APPROVED AS TO FORM: APPROVED AS TO CONTENT: Flores Ernie -rnan.ez, City Manager Ga • rie Linares, munity Development Director 2 May o yo STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 17th day of October 2023. AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSENT: NONE ABSTAIN: NONE L Maria Quinonez, City Clerk STATE OF CALIFORNIA )§ COUNTY OF LOS ANGELES ) Date: I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2023.123 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17th day of October 2023. Maria Quinonez, City Clerk Date: AV/ 3