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HomeMy WebLinkAbout990178.tiff RESOLUTION RE: APPROVE AMENDMENT TO COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN 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 an Amendment to the Communication 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 Department, and Advanced Nationwide Messaging Corporation, dba AT&T Messaging Now Metrocall, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Amendment to the Communication 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 Department, and Advanced Nationwide Messaging Corporation, dba AT&T Messaging Now Metrocall, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 1999. BOARD OF COUNTY COMMISSIONERS D COUNTY, OL RADO ATTEST: Le Dale K. Hall, Chair Weld County Clerk t , / U C22 C- zfLeJ1 �,'�J C f / Barbar J. Kirkmeyer, -Tem BY: b' - d,� ., Y Deputy Clerk to the , . t_ 4xter APP D TO FORM: -7 4 it- . Geile h ttorney d 14 1 A Glenn Vaad=` 990178 CM0011 AMENDMENT TO COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT ih THIS AMENDMENT entered into this jg day of January, 1999,by and between WELD COUNTY REGIONAL COMMUNICATIONS CENTER, ("Lessor") and ADVANCED NATIONWIDE MESSAGING CORPORATION, d.b.a.AT&T Messaging Now Metrocall, ("Lessee"), is entered into between the named parties to amend and modify that certain Lease Agreement dated September 30, 1998, known as the Communications Tower and Site Lease Agreement entered into between Weld County Regional Communications Center and McCaw RCC of Colorado, Inc., ("the Original Lessee") and concerning the lease of tower and site space located at 3101 35th Avenue, Greeley, Colorado. ("the Original Lease Agreement"). The Original Lease Agreement is hereby amended as follows: 1. Assignment from Original Lessee. The parties acknowledge that, pursuant to Paragraph 11 of the Original Lease Agreement, the Original Lessee has assigned its rights and obligations under the Original Lease Agreement to Advanced Nationwide Messaging Corporation, as further explained: As of October 2, 1998, the outstanding stock of McCaw RCC Communications, Inc., (parent to McCaw RCC of Colorado, Inc., the Original Lessee)was purchased by Metrocall, Inc. Original Lessee was subsequently consolidated by Metrocall, Inc. into Advanced Nationwide Messaging Corporation(an already existing subsidiary of Original Lessee prior to the stock purchase by Metrocall, Inc.). Advanced Nationwide Messaging Corporation, d.b.a. AT&T Messaging Now Metrocall, has assumed the role of Lessee under this Lease Agreement, with all the rights and obligations granted thereunder. Therefore, the Original Lease Agreement is amended to reflect that the current Lessee is Advanced Nationwide Messaging Corporation, d.b.a. AT&T Messaging Now Metrocall. 2. Installation of Additional Equipment. Exhibit A, referred to in Paragraph 2 of the Original Lease Agreement is amended to add the following equipment, which has been installed, on or about December 8, 1998, with prior permission granted by Lessor: Inside the Building: One Motorola Nucleus Transmitter operating on the 929.5125 MHz frequency, housed in the same cabinet as the already-installed 931.2125 CH89 transmitter, maintaining Lessee's theretofore current use of no more than two (2) equipment cabinets located inside the building. On the Tower: One omni antenna with 225 feet of 7/8" coaxial cabling, mounted on the NE corner of the large platform on the tower; and One 1.2 meter Channel Master Satellite Dish with cable, mounted 10 feet above the ground on the SW leg of the Tower. Gwstfnl.doc Page 1 3. Rent Modification. Paragraph 3 of the Original Lease Agreement is amended to reflect that additional rent for the new equipment will be $300.00 per month, for a total of$900.00 per month for rent at the subject Tower and Site, commencing December 1, 1998. 4. Modification for Addressing Notices and Billing to Lessee. Exhibit B of the Original Lease Agreement is amended to reflect that all bills and notices shall be sent to: Metrocall Attn: Site Lease Department 6677 Richmond Highway Alexandria,Virginia 22306 Telephone: 800-611-8488 x6306 For technical issues,please call Mike Wisch at 303-575-6032. All other terms and conditions of the Original Lease Agreement shall remain in full force and effect and may be modified only pursuant to the provisions in the Original Lease Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Communications Tower and Site Lease Agreement in duplicate originals on the dates shown below our respective signatures. Lessor: Lessee: WELD COUNTY REGIONAL ADVANCED NATIONWIDE COMMUNICATIONS CENTER MESSAGING CORPORATION,INC. By:/ < 4141 2- S By: a CATh‘v /fb /4 liele/ _ \Avs Date: Date: THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, I /)) Av STATE OF COLORADO ATTEST: ��`\ Clerk to the Board �' By: Dale K. Hall, Chair By: y A�� Date: 02/01/99 Deputy Gwstfnt.doc Page 2 Hello