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Document Date: 5/27/2009
Document Type: Resolution
Preserve Name:
Keywords (no more than 4): Nextel Communications Site Lease
Project Name:
Project Number:
Vendor or Other Party:
Name (First):
Name (Last):
Address:
I
APN Number:
Document No. 09-14
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RESOLUTION NO. 09-14
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MID
PENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE COMMUNICATIONS SITE LEASE AMENDMENT AND
EXERCISE OF OPTION AND AGREEMENT WITH NEXTEL OF
CALIFORNIA INC. (PULGAS RIDGE OPEN SPACE PRESERVE)
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve:
Section One. The District may, under the provisions of Section 5540 and 5563 of the Public
Resources Code, lease property owned by the District for up to twenty-five(25)years,and the Board of
Directors hereby finds that the premises remain presently unnecessary for open space purposes and that
continuation of the Lease for communication facilities is in the best interests of the public.
Section Two. The Board of Directors of the Midpeninsula Regional Open Space District
approves the Amendment between Midpeninsula Regional Open Space District and Nextel of California
Inc., a copy of which is attached hereto and by this reference made a part hereof, and does hereby
authorize the President or other appropriate officers to execute said Amendment on behalf of the District.
Section Three. The General Manager is hereby authorized to approve the exercise of the three
subsequent options of the Communications Site Lease on the terms and conditions set forth in the
Communications Site Lease. The General Manager is further authorized to execute any and all other
documents necessary or appropriate to the completion of such transactions. The General Manager shall
report in writing on any such exercise of an option to continue the subject Communication Site Lease to
the Board of Directors at the meeting immediately following the exercise thereof.
RESOLUTION No.09-14
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on May 27, 2009 at a Regular Meeting thereof, by the following vote:
AYES: Mary Davey, Jed Cyr, Nonette Hanko, Pete Siemens ,
Cecily Harris, Curt Riffle
NOES: None
ABSTAIN: None
ABSENT: Larry Hassett
ATTEST: APPROVED:
Se ;ary President
Board of Directors Board of 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.
kwVA(- W
District Clerk
Sprint Site ID:CAI 193-A Edgewood/Hwy 280
AMENDMENT No. 1 to
COMMUNICATIONS SITE LEASE AGREEMENT
AND
EXERCISE OF OPTION
This Amendment No. I ("Amendment")to the herein referenced Communications Site Lease Agreement
is by and between the NEXTEL OF CALIFORNIA, INC., a Delaware corporation("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 dated
August 27, 2003 ("Lease"); and
B. WHEREAS,District and Lessee desire to now amend said Lease to modify the rental terms as
more particularly set out herein; and
C. WHEREAS,Lessee also desires to exercise the first Option to Extend Term subject to the terms
and conditions set forth herein.
NOW THEREFORE, District and Lessee amend the Lease as follows:
1. In accordance with Section 25 (Option to Extend Term)of the Lease,District and Lessee agree to
extend the Term of the Lease for an additional period of five(5)years,commencing August 27,
2008 (Extended Option Term).
2. Section 5(a)of the Lease is deleted in its entirety and replaced as follows:
Payable on or before execution of this Amendment and annually on the Commencement Date
thereafter, Lessee shall pay District the rental at the rate then in effect. The rent,� Rent')for the
first year of the extended Term shall be $36,500.00. The Rent shall be increased annually during
the Extended Option Term as follows:
i) Second year of the Extended Option Term $37,960.00
ii) Third year of the Extended Option Term $39,478.00
iii) Fourth year of the Extended Option Term $41,057.00
iv) Fifth year of the Extended Option Term $42,699.00
3. Lessee's notice addresses set forth in Paragraph 26 of the Lease are deleted in their entirety and
replaced with the following:
Lessee: Sprint Nextel Property Services
Mailstop: KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park,KS 66251-2650
With a copy to: Sprint Nextel Law Department
Mailstop: KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park,KS 6625 1-Z2020
Attn: Real Estate Attorney
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Sprint Site ID:CAI 193-A Edgewood/Hwy 280
4. 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.
5. Capitalized terms used in this Amendment not otherwise defined herein shall have the meanings
ascribed to them in the Lease.
6. The Lease,as amended herein, shall continue in full force and effect with all other terms and
conditions unchanged.
7. This Amendment may be executed in duplicate counterparts,each of which will be deemed an
original.
8. Each of the parties represent and warrant that they have the right,power,legal capacity and
authority to enter into and perform their respective obligations under this Amendment.
IN WITNESS WHEREOF,District and Lessee have executed this Amendment.
DISTRICT: LESSEE:
Midpeninsula Regional NEXTEL OF CALIFORNIA,INC.
Open Space District a Delaware corporation
RECOMMENDED: /
By: �� >
Steph E.Abbors Efeborah S.Howard
General Manager Manager,Property Services
.'APPROVED: Da::; � �°Lor,
Susan M. Schectman
General Counsel
ACCEPTED: A ST:
Prefident .Anna ,Tatcza
Board of Directors District Clerk
Date: I
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