File #: 20-008    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 12/22/2019 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 1/6/2020 Final action: 1/6/2020
Title: SUBJECT: Approval of a Second Amendment to the Lease Agreement Between the City of Merced and NCWPCS MPS 29-Year Tower Holding, LLC. Allowing up to Three Additional Renewal Options for Use of the Transmission Tower Located on Top of the Ralph Shannon Parcade (1729 M Street) for a Minimum Base Rent of $2,000.00 Per Month REPORT IN BRIEF Considers a second lease agreement amendment allows two additional five-year terms and up to one additional two-year term for the use of the transmission tower located on the top floor of the Ralph Shannon Parcade. RECOMMENDATION City Council - Adopt a motion approving the second amendment to the lease agreement between the City of Merced and NCWPCS MPS 29-Year Tower Holding, LLC and authorizing the City Manager or the Assistant City Manager to execute all the necessary documents.
Attachments: 1. Parcade Tower 2nd Amendment
Report Prepared by: Frank Quintero, Director of Economic Development

Title
SUBJECT: Approval of a Second Amendment to the Lease Agreement Between the City of Merced and NCWPCS MPS 29-Year Tower Holding, LLC. Allowing up to Three Additional Renewal Options for Use of the Transmission Tower Located on Top of the Ralph Shannon Parcade (1729 M Street) for a Minimum Base Rent of $2,000.00 Per Month

REPORT IN BRIEF
Considers a second lease agreement amendment allows two additional five-year terms and up to one additional two-year term for the use of the transmission tower located on the top floor of the Ralph Shannon Parcade.

RECOMMENDATION
City Council - Adopt a motion approving the second amendment to the lease agreement between the City of Merced and NCWPCS MPS 29-Year Tower Holding, LLC and authorizing the City Manager or the Assistant City Manager to execute all the necessary documents.

Body
ALTERNATIVES
1. Approve as recommended by staff; or
2. Approve, subject to conditions as specified by the City Council; or
3. Deny the request; or,
4. Refer back to staff for reconsideration of specific items as requested by the Council; or
5. Defer action until a specified date

AUTHORITY
Charter of the City of Merced, Section 200

CITY COUNCIL PRIORITIES
As provided for in the City of Merced 2019-20 Adopted Budget

DISCUSSION
The transmission tower atop the Ralph Shannon Parcade has been in use and leased since 1996. Users have included Cellular 2000, Cingular, Clearwire, and AT&T. Due to acquisitions and mergers over the years, the holding company now working with the City of Merced for use of the transmission tower is NCWPCS MPS 29-Year Tower Holding, LLC.

The original Lease Agreement was executed in 1996, renewed in 2006, first amended in 2013, and now a proposed second amendment to the lease agreement is before the City Council for consideration (Attachment 1).

Key Terms of the Second Amendment:

* Assignment: The proposed Second Amendment transf...

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