ORDINANCE No. 182509

Amend Lease Agreement with Verizon Wireless, LLC for their continued use of a portion of Portland Parks and Recreation Children’s Museum building in Washington Park for wireless communication purposes (Ordinance; amend Contract No. 51111)

The City of Portland ordains:

Section 1. The Council finds:

 1.  Portland Parks and Recreation has been assigned the City property located in Washington Park at 4015 SW Canyon Road, legally described as Tax Lot 35 in Section 05, T1S, R1E in Multnomah County, and commonly referred to as the Children’s Museum.

 2.  In 1998 by Ordinance 172786, the City entered into Contract No. 51111 (Agreement) with AirTouch Communications, Inc. for the lease of space at the Children’s Museum for the location of telecommunication antennas and related equipment. Verizon Wireless, LLC has succeeded to the interest of AirTouch Communications, Inc. under the Lease.

 3.  Verizon Wireless LLC and Portland Parks and Recreation wish to amend the lease, through execution of the First Amendment to Lease Agreement (Amendment), to extend its term, adjust the rent, allow for an emergency generator, and modify other terms and conditions.

 4.  Pursuant to the Amendment, Verizon Wireless will be granted an additional five-year renewal terms, which extends the Lease to 2018.

 5.  Under the Amendment, the current monthly rent of $2156.49 will increase by $400.00 monthly once the generator is installed. The amendment also states that the rent will increase to $3,236.00 monthly beginning in the final renewal term, which begins in 2013. Throughout the term of the Agreement, the rent will be adjusted by 3.5% annually.

 NOW, THEREFORE, the Council directs:

 a.  The Director of the Parks and Recreation Bureau is authorized to execute the First Amendment to Lease Agreement with Verizon Wireless LLC to modify the terms and conditions of the Lease. Such Amendment shall be in a form substantially like the form of agreement attached hereto, as approved as to form by the City Attorney.

Passed by the Council: February 04, 2009  GARY BLACKMER

Commissioner Fish          Auditor of the City of Portland

Prepared by: Zalane Nunn:kmg        By /s/ Susan Parsons

January 15, 2009            Deputy  

BACKING SHEET INFORMATION

AGENDA NO. 68, 101-2009

ACTION TAKEN:

JAN 28 2009 PASSED TO SECOND READING FEB 04 2009 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182509