HomeMy Public PortalAboutResolution - 05-26- 20050928 - Black Mountain Communicat RESOLUTION NO. 05-26
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE AMENDMENT TO
COMMUNICATIONS SITE LEASE WITH
THE MOUNTAIN UNION TELECOM
(RANCHO SAN ANTONIO OPEN SPACE PRESERVE
BLACK MOUNTAIN)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
Section One. The District may, under the provisions of Sections 5540 and 5563 of the
Public Resources Code, lease property owned by the District for a period of up to twenty-five
(25)years, and the Board of Directors finds that the premises to be leased for Communication
Facilities remains temporarily unnecessary for park and open space purposes and considers that
amendment of the lease of such premises for Communication Facilities is in the public interest
on the terms hereinafter set forth.
Section Two. The Board of Directors of the Midpeninsula Regional Open Space District
does hereby approve the Amendment to the Communications Site Lease between the
Midpeninsula Regional Open Space District and Mountain Union Telecom, a copy of which is
attached hereto and by reference made a part hereof, and does hereby authorize the General
Manager to execute said Amendment to the Communication Site Lease of behalf of the District.
Section Three. The General Manager of the District shall be authorized to execute any
and all other documents necessary or appropriate to the closing of the transaction.
I
RESOLUTION No. 05-26
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on September 28, 2005, at a Special Meeting thereof, by the following vote:
AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
�ecretary Preside
Board of Directors Board f Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
Distri erk
AMENDMENT
to
COMMUNICATIONS SITE LEASE
This Amendment ("Amendment") is made and entered into as of September 30, 2005, by and
between Mountain Union Telecom, LLC, a Delaware limited liability company ("Lessee")and
the Midpeninsula Regional Open Space District, a special district formed pursuant to Article 3 of
Chapter 3 of Division 5 of the California Public Resources Code ("District").
A. WHEREAS, District and Lessee are parties to that certain Communications Site Lease
and Agreement (Black Mountain, Rancho San Antonio Open Space Preserve), dated
September 8, 2000 ("Lease"); and
B. WHEREAS, District and Lessee desire to now amend the Lease to modify the rental
terms as more particularly set out herein;
NOW THEREFORE, District and Lessee amend the Lease as follows:
1. In accordance with Paragraph 21(a) of the Lease, District and Lessee agree to extend the
Term of the Lease for five (5) years, commencing on October 1, 2005.
2. In accordance with Paragraph 21(b), Section 5(b) of the Lease is deleted in its entirety
and replaced as follows:
Lessee shall pay District rent in monthly installments, in advance, on the first day of each
month of the term hereof. District and Lessee agree to amend the Lease so that the
Minimum Rent for such extended term is as follows:
October 1, 2005 to September 30, 2006 $3,528 per month
October 1, 2006 to September 30, 2007 $3,670 per month
October 1, 2007 to September 30, 2008 $3,816 per month
October 1, 2008 to September 30, 2009 $3,969 per month
October 1, 2009 to September 30, 2010 $4,127 per month
3. Recital A of the Lease is deleted in its entirety and replaced as follows:
District is the owner of that certain real property consisting of approximately ten
thousand (10,000) square feet of land located in the County of Santa Clara, State of
California, which is a part of the District's Rancho San Antonio Open Space Preserve
(the "Property")
4. Recital B of the Lease is deleted in its entirety and replaced as follows:
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JIB
i Property from the District for the
Lessee desires t� lease certain ground space n he• t p y
purposes of operating and maintaining communications structures and facilities and
related equipment for Lessee's use and that of its subtenants, licensee and customers
pursuant to the terms and conditions hereof.
5. Section 1 of the Lease is deleted in its entirety and replaced as follows:
Premises. District owns the real property as shown and described on Exhibit A which
includes the existing communications structures and facilities owned by Lessee as
described and shown on Exhibit B, both attached hereto and incorporated herein by this
reference (the "Premises"). Subject to the following terms and conditions, District leases
to Lessee certain ground space located on the Property sufficient for Lessee's operation
and maintenance of Lessee's Telecommunications Facilities (as defined in Paragraph 7)
together with a right of way for access and utilities (as defined in Paragraph 8) to the
Premises.
6. If a conflict between terms in the Lease and those in this Amendment arises, the
provisions of this Amendment shall control the construction and interpretation thereof.
7. Capitalized terms used in this Amendment not otherwise defined herein shall have the
meanings ascribed to them in the Lease.
8. Both parties warrant that they possess the authority necessary to execute this
Amendment.
9. The Lease, as amended herein, shall continue in full force and effect with all other terms
and conditions unchanged.
IN WITNESS WHEREOF, District and Lessee have executed this Amendment.
DISTRICT: LESSEE:
Mid peninsula Regional Open Space District Mountain Union Telecom LLC a Delaware
p g p P ,
limited liability company
By:
L. Craig Britton David Weisman
General Manager CEO & President
Date: l ( 2,2 /0 Date: ZoGJ�
APPPRR]O/V�ED AS pTO FOI K:
Susan M. Schectman, General Counsel
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