HomeMy WebLinkAboutR-11650 approving the Second Amendment with PTI US Towers II, LLC for telecommunications facilitiesR 11650
RESOLUTION NO. 11650 (2026 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE SECOND AMENDMENT
WITH PTI US TOWERS II, LLC FOR TELECOMMUNICATIONS
FACILITIES AT SANTA ROSA PARK
WHEREAS, the City entered into a lease agreement with Pacific Bell Wireless,
LLC (d/b/a Cingular Wireless) on April 1, 2003, for an initial five-year term with options to
extend for three additional five-year terms; and
WHEREAS, a First Amendment to the agreement was executed in June 2003 to
revise the Improvements associated with the site; and
WHEREAS, T‑Mobile became the sole owner of Pacific Bell Wireless, LLC in 2005
and later transferred ownership and management rights for this tower site to PTI US
Towers II, LLC (PTI) through a 2015 agreement, resulting in PTI now serving as the
operator of the tower and ground lessee; and
WHEREAS, PTI has exercised all three initial five-year renewal options, and the
current lease term expired in March 2023; and
WHEREAS, PTI has expressed interest in further extending the lease, and while
the lease has technically expired, PTI has continued providing rent payments through
2026; and
WHEREAS, the City Council met in closed session on November 18, 2025, to
discuss options for the Santa Rosa Park telecommunications site and determine
negotiating parameters for the lease extension, and staff subsequently negotiated a lease
amendment within the parameters established by Council; and
WHEREAS, the Financial Management Manual (Section 475-C) authorizes long-
term leases of City property on a case-by-case basis when they support City goals, plans,
or policies and provide measurable community benefits.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council has determined, based on the circumstances at the
time, that approval of Second Lease Amendment is in the best interest of the City and
ensures continued reliable telecommunications service to the community.
SECTION 2. The City Council hereby approves the Second Amendment to the
Lease Agreement with PTI US Towers II, LLC, substantially in the form attached hereto
as Exhibit A, and authorizes the City Manager or designee to execute the amendment
and any related documents necessary to effectuate the lease extension.
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Resolution No. 11650 (2026 Series) Page 2
R 11650
SECTION 3. The City Manager or designee is authorized to take all actions
necessary to implement this Resolution, including recording the lease amendment and
updating financial records to reflect the updated annual rent.
SECTION 4. This Resolution shall take effect immediately upon adoption.
Upon motion of Council Member Boswell, seconded by Council Member Marx, and
on the following roll call vote:
AYES: Council Member Boswell, Marx, Vice Mayor Francis, and Mayor
Stewart
NOES: None
ABSENT: Council Member Shoresman
The foregoing resolution was adopted this 19th day of May 2026.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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PTI Site US-CA-1258/ Santa Rosa Park
PTI US Towers II LLC
999 Yamato Road, Suite 100
Boca Raton, FL 33431
SECOND AMENDMENT TO TELECOMMUNICATIONS FACILITY LEASE AT
SANTA ROSA PARK
THIS SECOND AMENDMENT TO TELECOMMUNICATIONS FACILITY
LEASE AT SANTA ROSA PARK (“Second Amendment”) is executed this ______ day of
_____________, 202___, and is effective April 1, 2023 (“Effective Date”) by and between CITY
OF SAN LUIS OBISPO, a California municipal corporation, having an address at 990 Palm
Street, San Luis Obispo, CA 93401 (“Lessor”) and PTI US Towers II LLC, having a principal
office located at 999 Yamato Road, Boca Raton, FL 33431 (“Lessee”).
WHEREAS, Lessor and PACIFIC BELL WIRELESS, LLC a Nevada limited liability
company d/b/a CINGULAR WIRELESS, entered into that certain Telecommunications Facility
Lease at Santa Rosa Park dated February 11, 2003, as thereafter amended from time to time
(hereinafter referred to as "Lease") and assigned to Lessee, PTI US Towers II LLC, for Lessee’s
use of a portion of the real property (“Premises”), located at 190 Santa Rosa Street, San Luis
Obispo, CA 93405 (hereinafter referred to as “Land”), being more particularly described in the
attached Exhibit “A”; and
WHEREAS, Lessor and Lessee desire and intend to amend and supplement the Lease as
provided herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby, acknowledged, the parties hereto covenant, agree, and bind themselves to the
following modifications to the Lease:
1. Section 3. Term, of the Lease is hereby amended to include the following:
In addition to the Renewal Terms as referenced in the Lease, the Lease is hereby amended
to include four (4) additional successive Renewal Terms of five (5) years, each of which
shall be deemed automatically extended unless Lessee notifies Lessor of its intention not
to renew the Lease at least sixty (60) days prior to the commencement of the succeeding
Renewal Term. The first additional Renewal Term shall commence on April 1, 2023, upon
the expiration of the Renewal Term expiring on March 30, 2023.
In the event Lessor determines in its reasonable discretion that the Premises are required
for public purposes, during each Renewal Term Lessor may terminate this Lease upon
providing two (2) years’ prior written notice. Following such notice, the parties shall
negotiate in good faith to identify a potential relocation site within the Land. Should the
parties fail to reach an agreement on a mutually acceptable site, or if Lessee is unable or
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PTI Site US-CA-1258/ Santa Rosa Park
unwilling to relocate, this Lease shall terminate automatically upon the expiration of the
two-year notice period.
2. Section 4. Rent, subsection A, of the Lease is hereby deleted and replaced with the
following, wherein all other subsections of Section 4 remain unchanged and in full force
and effect:
A. Lessee shall pay to Lessor the sum of Forty-Five Thousand and No/100 Dollars
($45,000.00) (“Annual Rent”) and Additional Annual Rent per tenant in the same
amount as Annual Rent (as further set forth in Section 22.E.), beginning upon Lessee’s
payment of Annual Rent due and payable on or before April 1, 2026. All payments of
Annual Rent previously provided by Lessee to Lessor for calendar years 2023, 2024
and 2025 are acknowledged as received by Lessor. Partial payment of Lessee’s Annual
Rent due and payable on or before April 1, 2026 is acknowledged as received by
Lessor, and Lessee and Lessor agree to reconcile the full amount of Annual Rent due
for such period for which Lessee shall provide a true-up differential payment to Lessor
within thirty (30) days of the Effective Date of this Second Amendment.
3. Section 19. Notice, of the Lease is hereby amended as follows:
LESSOR: City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
LESSEE: PTI US Towers II LLC
999 Yamato Road, Suite 100
Boca Raton, FL 33431
4. Within thirty (30) days of full execution of this Second Amendment, Lessee shall pay to
Lessor a one-time payment of Twenty-Five Thousand and No/100 Dollars ($25,000.00).
Said amount constitutes a one-time signing bonus, and Lessor’s acceptance thereof shall
confirm that neither Lessee nor Lessor are in default of any material term or condition of
the Lease, including the payment of Annual Rent, at the time of said payment.
5. Capitalized terms not defined in this Second Amendment will have the meaning ascribed
to such terms in the Lease.
6. This Second Amendment will be governed by and construed and enforced in accordance
with the laws of the state in which the Land is located without regard to principles of
conflicts of law.
7. Except as specifically set forth in this Second Amendment, the Lease is otherwise
unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In
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PTI Site US-CA-1258/ Santa Rosa Park
the event of any inconsistencies between the Lease and this Second Amendment, the terms
of this Second Amendment shall take precedence.
8. Lessor acknowledges that the exhibits attached to the Lease may be incomplete or contain
inaccuracies and, accordingly, Lessee may replace and substitute such exhibits at its cost
and with written consent of Lessor, with an accurate survey and/or legal descriptions of the
Premises and re-record this Second Amendment with copy provided to Lessor. Following
such re-recording, the descriptions contained therein shall serve as the descriptions for the
same for all purposes under the Lease.
9. Lessor represents and warrants to Lessee that Lessor is the sole owner in fee simple title to
the Land and Lessor’s interest under the Lease and that consent or approval of no other
person is necessary for Lessor to enter into this Second Amendment.
10. This Second Amendment may be executed in one or more counterparts and by the different
parties hereto in separate counterparts, each of which when executed shall be, deemed to
be an original but all of which taken together shall constitute one, and the same Second
Amendment.
11. Lessee shall have the right to record this Second Amendment.
[The remainder of this page is intentionally left blank. Signatures to follow.]
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PTI Site US-CA-1258/ Santa Rosa Park
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
day and year first above written.
LESSOR:
City of San Luis Obispo, a California
municipal corporation
By: ___________________________________
Print Name: _________________________
Title: __________________________________
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _________________________, 202___, before me, ____________________________
personally appeared __________________, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
Notary Public________________________
My Commission Expires _______________
(NOTARY SEAL)
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PTI Site US-CA-1258/ Santa Rosa Park
WITNESSES: LESSEE:
PTI US Towers II LLC
999 Yamato Road, Suite 100
Boca Raton, FL 33431
_______________________________________ By: ________________________________
Print Name: __________________________
_______________________________________
Print Name: __________________________
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [X] physical presence
or [ ] online notarization, this _____ day of _______________________, 202___, by
_________________________, on behalf of said company, who is personally known to me and
did not take an oath.
___________________________________
Notary Public ________________________
My Commission Expires _______________
(NOTARY SEAL)
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PTI Site US-CA-1258/ Santa Rosa Park
EXHIBIT “A”
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