Resolution 48-26 - Vertical Bridge Telecomms Grnd Lease v3.pdf
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1 RESOLUTION NO. 48-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, APPROVING A TELECOMMUNICATIONS FACILITIES GROUND LEASE AGREEMENT AND MEMORANDUM OF OPTION TO LEASE, BETWEEN THE CITY OF BUCKEYE, AS LESSOR, AND VB BTS III, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS PROSPECTIVE LESSEE, FOR A GROUND LEASE AT SUNDANCE CROSSINGS CENTER, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER SAID GROUND LEASE AND MEMORANDUM OF OPTION TO LEASE ON BEHALF OF THE CITY OF BUCKEYE; AND FURTHER, TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND DELIVER THE MEMORANDUM OF LEASE FOR RECORDING ON BEHALF OF THE CITY OF BUCKEYE, UPON LESSEE'S TIMELY EXERCISE OF ITS OPTION UNDER THE MEMORANDUM OF OPTION TO LEASE. WHEREAS, on July 9, 2024, the Buckeye Planning and Zoning Commission approved Application No. PLZU-23-00007, issuing a Conditional Use Permit for a Multi-Carrier Telecommunications Facility, one of the conditions being City Council approval of a lease prior to issuance of building and engineering permits; and WHEREAS, VB BTS III, LLC, a Delaware limited liability company (“Vertical Bridge”) and the City entered into negotiations to finalize a telecommunications facilities ground lease agreement (the “Ground Lease”); and WHEREAS, the City and Vertical Bridge now desire to enter into the Ground Lease upon the terms and conditions stated therein. BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona as follows: Section 1. The recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. The Ground Lease between the City of Buckeye and VB BTS III, LLC, a Delaware limited liability company, for certain premises at the Sundance Crossings Center, is hereby approved in substantially the form that accompanies this Resolution. Section 3. The Mayor, the City Manager, the City Clerk and City Attorney are hereby authorized and directed to cause the execution of the Ground Lease, Memorandum of Option to Lease, and, upon Vertical Bridge’s exercise of its option, the Memorandum of Lease, and to take all steps necessary to carry out the purpose and intent of this Resolution. 2 PASSED AND ADOPTED by the Mayor and City Council of the City of Buckeye, Arizona, this 19th day of May, 2026. Eric W. Orsborn, Mayor ATTEST: Lucinda J. Aja, City Clerk APPROVED AS TO FORM: Tosca Henry, City Attorney