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| Resolution | NO. 540 |
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| | | | | | | | | A Resolution authorizing the City Manager to execute a Fourth Amendment to Lease with New Cingular Wireless, PCS, LLC for use and access to property at 294 Kellogg Street. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 9/3/2024 | | | |
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Resolved by the Commission of the City of Battle Creek:
That the City currently leases City-owned property located at 294 Kellogg Street to New Cingular Wireless, PCS, LLC, to permit occupancy for the location of telecommunications equipment. New Cingular Wireless, PCS, LLC, desires to enter into an amended lease agreement for use and access to the property at this site in order to allow for the installation and use of a diesel generator and associated equipment on the City-owned water tower property.
The City Manager is authorized to enter into the attached Fourth Amendment to Lease, or one substantially similar that meets with the approval of the City Attorney, and any necessary supporting documents with New Cingular Wireless, PCS, LLC, for the 294 Kellogg Street site.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on September 3, 2024.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
9/3/2024
Action Summary | | | |
| | | | | | | | | | Staff Member: | Marcel Stoetzel, Deputy City Attorney | | Department: | City Attorney |
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| | | | | | | | | SUMMARY
| A Resolution authorizing the City Manager to execute a Fourth Amendment to Lease with New Cingular Wireless, PCS, LLC for use and access to property at 294 Kellogg Street.
| BUDGETARY CONSIDERATIONS
| | Lessee's rent will increase $300.00 per month during the period for which the diesel generator and associated equipment are installed. Once the diesel generator and associated equipment are removed, rent will revert to the original rate, subject to adjustments as provided in the Agreement. Monthly rent is directed to the Water Fund, since this is the site of a City-owned water tower. Budget string: 591.23.1591.667.020. |
HISTORY, BACKGROUND and DISCUSSION
| The City currently leases City-owned property located at 294 Kellogg Street to New Cingular Wireless, PCS, LLC, to permit occupancy for the location of telecommunications equipment. The City's initial lease with the Lessee for this property began February 15, 1996. It was amended on April 9, 2013, amended for a second time on April 4, 2016, and amended for a third time on July 2, 2019.
New Cingular Wireless, PCS, LLC, desires to enter into a fourth amended lease agreement for use and access to the property at this site in order to install and use a diesel generator and associated equipment on the City-owned water tower property.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| | Utility Administrator Perry Hart recommends approval. |
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