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HomeMy WebLinkAboutReso 37-26 Approving a First Amendment to the Site Lease Agreement with Wireless Edge Towers III, LLC Reso. No. 37-26, Item 5.7, Adopted 05/19/2026 Page 1 of 2 RESOLUTION NO. 37 – 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FIRST AMENDMENT TO THE SITE LEASE AGREEMENT WITH WIRELESS EDGE TOWERS III, LLC WHEREAS, on March 24, 2026, the City Council adopted Resolution No. 17-26 approving the Site Lease Agreement (“Agreement”) with Wireless Edge Towers III, LLC (“Wireless Edge”) for the construction, operation, and maintenance of a wireless telecommunication facility at Fallon Sports Park; and WHEREAS, following execution of the Agreement, Wireless Edge identified certain provisions within the Agreement that required modification, including the “Bonus Rent” provision contained in Section 6(g); and WHEREAS, Wireless Edge requested that the Bonus Rent provision be removed due to the unique structure of the tower lease arrangement, which already provides the City with a share of revenue received from wireless carriers occupying the tower facility; and WHEREAS, the City Attorney, City Staff, and the City’s telecommunications consultant, Horizon Tower, reviewed the requested amendments and determined that the proposed revisions would not alter the intent of the Agreement or create additional risk to the City; and WHEREAS, as part of the proposed amendments, Wireless Edge agreed to increase the community benefit payment from $100,000 to $150,000 upon commencement of construction, allow for advanced payment of renewal bonuses at the City’s request, and clarify the City’s right to receive a one-time lump sum payment prorated based on the remaining lease term, only to be exercised at the City’s discretion. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the Agreement with Wireless Edge, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non- substantive changes to carry out the intent of this Resolution. {Signatures on the following page} Docusign Envelope ID: 8822BB49-D556-8B85-80C9-3123DD6D9842 Reso. No. 37-26, Item 5.7, Adopted 5/19/2026 Page 2 of 2 PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 19th day of May, 2026 by the following vote: AYES: Councilmembers Josey, McCorriston, Qaadri and Mayor Hu NOES: ABSENT: Councilmember Morada ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: 8822BB49-D556-8B85-80C9-3123DD6D9842