HomeMy WebLinkAbout20071061 RESOLUTION
RE: APPROVE FIRST AMENDMENT TO COMMUNICATIONS TOWER AND SITE LEASE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - SPRINT SPECTRUM REALTY
COMPANY, L.P.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with the First Amendment to the
Communications Tower and Site Lease Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Regional Communications Center, and Sprint Spectrum Realty Company, L.P.,
commencing upon full execution, with further terms and conditions being as stated in said
amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the First Amendment to the Communications Tower and Site Lease
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Regional Communications Center,
and Sprint Spectrum Realty Company, L.P., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of April, A.D., 2007.
� BO OF COUNTY COMMISSIONERS
le ILai1�, WEL OUNTY, COLORADO
ATTEST: at # rL: ' ci
iui :
I
David E. Long, Chair
Weld County Clerk to th'
`� lw W 'am J ILe� )ro-Tern
BY: ° ' �� ��i"e.a"���r'� (I I z,,r
De ty Cle to the Board
Willia . Garcia
APP AS TO F l \W\
Robert D. Masden
my Attorney Liade \,/ ss Pc_Wl sC'
ouglas Rademacher`
Date of signature: 1121LT
2007-1061
CM0017
/, 4164)18 5
FIRST AMENDMENT TO
COMMUNICATIONS TOWER AND
SITE LEASE AGREEMENT
Site Name: Weld Co.Communications
Site Number: WY64XC011
SITE LEASE AMENDMENT
This Amendment is attached to and made a part of the Communications Tower and Site Lease
Agreement(the"Agreement")dated September 30. 1998,by and between Sprint Spectrum Realty
Company,L.P.,a Delaware limited partnership,as successor in interest to U.S.West Wireless, L.L.C.
(herein called "Lessee"or"Tenant")and Weld County Regional Communications Center(herein called
"Lessor"or"Landlord")relative to the property located at 16059 WCR 100,Nunn,Colorado.
In case of any inconsistencies between the terms and conditions contained in the Agreement and
the terms and conditions contained herein,the terms and conditions herein shall control. Except as set forth
below,all provisions of the Agreement remain unchanged and in full force and effect.
NOW,THEREFORE, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties
agree as follows:
1. That Paragraph 2.01 of the Agreement is hereby amended to provide as follows:
Lessor hereby grants permission to Lessee to install, maintain,and operate
communications equipment as set forth on Exhibit A-1,attached hereto, and incorporated
by reference, including but not limited to, antenna equipment,power supplies,equipment
housings,conduits,and other related apparatus on the tower.The antennas are to be
installed as close as is practicable to the 150 ft. level on the tower.
2. That Paragraph 101 of the Agreement is hereby amended to provide as follows:
Lessee shall pay to Lessor as rent during the terms of this lease,Seven Hundred and Fifty
Dollars($750.00)per month in advance for each and every month that Lessee uses the
communications tower,or stores or maintains communications equipment on Lessor's
premises, or both. Rental payment amounts will be as follows for any subsequent term in
which this Lease Agreement is automatically renewed:
Renewal Term 1-Year 6-10 $900.00/month
Renewal Term 2-Year 11-I5 $ 1,100.00/month
Renewal Term 3-Year 16-20 $ 1,250.00/month
Renewal Term 4- Year 21-25 $ 1,400.00/month
3. Lessee agrees to construct a roadway parallel to the fence on the south edge of the
property, and shall install a second gate approximately fifty-five(55 ) feet west of the
west edge of the existing access gate, to allow Lessor access to the property so that
Lessor can service the building and equipment it has installed on the property. The new
access gate shall be of the same dimensions as the existing gate.
2007-1061
v .
4. This Lease shall be effective for five years,commencing upon the date Lessor executes
this amendment,and shall be automatically renewed for four(4)additional five-year
terms, unless sooner terminated by either party pursuant to the provisions set forth in
paragraph 5.02 of the original Site Lease Agreement.
5. That Paragraph 18.01 of the agreement is hereby amended as follows;
Lessor: Board of Commissioners of Weld County,Colorado
915 10th Street Po. Ain. 758
Greeley,Colorado 80631
6. That Exhibit A of the Agreement is hereby deleted in its entirety and replaced with
Exhibit AA=I attached hereto.
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed on the 16th
day of April , 2007 .
LESSO oard of Commissioners, LESSEE: S pectrum ally Co.,L.P.
ld Co rty, olo ado
By: .. By: (
Name: David E. Lon Name: ETER MUNSER
Title: CHair Board of Coun Title: SITE DEVELOPMENT MANAGER
Commissi ners ....717/O2Date: 04/16/2007 Date:
MA/
ATTEST: .y'� IELA
WELD COUNTY CLERK TO THE BQ RD vie/
6Y:
DEPUTY CLERK TO THE BOA
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
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