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Sponsored by: Oates <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2010 -062 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br /> ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN <br /> AMENDMENT TO THE LEASE AGREEMENT 94 -093 WITH DCS <br /> TOWER SUB, LLC, AS SUCCESSOR IN INTEREST TO MCCAW <br /> CELLULAR COMMUNICATIONS, INC FOR LOT 1, BLOCK 8, <br /> FOURTH OF JULY SUBDIVISION, SEWARD MARINE INDUSTRIAL <br /> CENTER, FOR THE PURPOSE OF EXTENDING THE TERM OF THE <br /> LEASE TO JUNE 30, 2015 <br /> WHEREAS, DCS Tower Sub, LLC, successor in interest to McCaw Cellular <br /> Communications, Inc., ( "Lessee ") has requested a lease term extension to its existing lease <br /> agreement with the City of Seward for 1,320 square feet, more or less, within Lot 1, Block 8, <br /> Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough <br /> Plat number 97 -27, Seward Recording District, Third Judicial District, State of Alaska; and <br /> WHEREAS, the current lease has been in effect since September 12, 1994 and the <br /> Lessee has submitted a request for an extension of the lease term in accordance with Section 2.4 <br /> of the Lease; and <br /> WHEREAS, Section 2.4 of the Lease provides that the Lessee shall have the right to <br /> extend the initial term of the Lease for three additional five -year periods provided that Lessee <br /> exercise the option to extend at least 180 days prior to the expiration of the then current Lease <br /> term, Lessee is not in default, and the Seward City Council approves the extension by resolution; <br /> and <br /> WHEREAS, this is the final extension allowed by the original Lease, however this lease <br /> amendment acknowledges the Lessee shall have the right, at the Lessee's option to further <br /> extend the Lease Agreement for three (3) additional periods of five (5) years each beginning on <br /> July 1, 2010 for possible options to extend until June 30, 2030; and <br /> WHEREAS, the amendment recognizes the previous assignment by Dobson Cellular to <br /> its affiliate DCS Tower Sub, LLC and includes a 3% annual rent increase. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF SEWARD, ALASKA that: <br /> Section 1. The City Manager is hereby authorized to enter into an amendment of the <br /> lease agreement with DCS Tower Sub, LLS, as successor in interest to McCaw Cellular <br /> Communications, Inc., in substantial form as presented at this meeting, to extend the Lease term <br /> to June 30, 2015 and to include amendments to the Lease as described in the above recitals. <br />