The URL can be used to link to this page

Home My Public Portal About20100324 - Resolution - Board of Directors (BOD) (2) Cover Sheet For Scanning By ECS Originating Department General Manager Laserfiche Template Board Of Directors Template Fields Document Date: 3/24/2010 Document Type: Resolution Preserve Name: Keywords(No More Than 4): Cingular Communications Site Lease Project Name: Project Number: Vendor Or Other Party: Name (First): Name (Last): Address: APN Number: Document No. 10-12 Additional Field: Additional Field: Additional Field: Additional Field: RESOLUTION NO. 10-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE COMMUNICATIONS SITE LEASE AMENDMENT AND EXERCISE OF OPTION AND AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC,A DELAWARE LIMITED LIABILITY COMPANY,D/B/A AT&T MOBILITY (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 New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, d/b/a AT&T Mobility, 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 or the General Manager's designee is hereby authorized to negotiate and approve the exercise of each of the three subsequent options of the Communications Site Lease as 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. 10-12 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on March 24, 2010 at a Regular Meeting thereof, by the following vote: AYES: CURT RIFFLE,CECILY HARRIS,NONETTE HANKO,JED CYR,LARRY HASSETT, MARY DAVEY,AND PETE SIEMENS NOES: NONE ABSTAIN: NONE ABSENT: ATTEST: APPROVED: I ZSecretaeel/ President Board of Directors Board of Directors I I, the Interim 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. Interim District Clerk AMENDMENT No. I to COMMUNICATIONS SITE LEASE AGREEMENT AND EXERCISE OF OPTION This Amendment No. I ("Amendment") to that certain Communications Site Lease Agreement dated February 10, 2005 ("Lease") is made by and between New Cingular Wireless PCS, 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 desire to amend said Lease to modify the rental terms, as more particularly set out herein; and B. WHEREAS, Lessee desires to exercise the first Option to Extend Tenn, subject to the terms and conditions set forth herein. NOW THEREFORE, District and Lessee amend the Lease as follows: 1. In accordance with Section 23 (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 February 10, 2010 (Extended Option Term). 2. Section 4 a) of the Lease is deleted and replaced with the following provision: Rent. Upon 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 $39,478.00 and thereafter shall be set pursuant to Section 23 c) of the Lease. 3. Section 9 (Maintenance and Repair) of the Lease is hereby amended to add the following provision: d) Defensible space of at least 100 feet in width around the perimeter of the Premises is required by law (Public Resource Code §4291). Defensible space shall be maintained free of all low-lying brush, dry weeds, and similar flammable materials at Lessee's expense. Annual site inspections of the Premises will be conducted by District staff to ensure that the defensible space is properly maintained. As needed, the District will arrange for the removal of brush, weeds, and flammable materials. The cost shall be pro-rated, based on the size, topography and flammable material in each area requiring maintenance, and overlap with other communication site premises. The cost shall be reviewed with Lessee before the work is performed. Upon completion of work, Lessee will be billed for the work performed which shall be paid to District within 30-days of billing. 4. Lessee's notice addresses set forth in Paragraph 24 of the Lease are deleted in their entirety and replaced with the following: Lessee: Page 1 ot'3 New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site#: CN5388; Cell Site Name: Edgewood/Hwy 280 (CA) Fixed Asset No: 10095817 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a required copy of the notice sent to the address above to AT&T Legal at: If sent via certified or registered mail: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site#: CN5388; Cell Site Name: Edgewood/Hwy 280 (CA) Fixed Asset No.: 10095817 PO Box 97061 Redmond, WA 98073-9761 Or If sent via nationally recognized overnight courier: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site#: CN5388; Cell Site Name: Edgewood/Hwy 280 (CA) Fixed Asset No.: 10095817 16331 NE 72nd Way Redmond, WA 98052-7827 5. The Lease, except as amended herein, shall continue in full force and effect with all other terms and conditions unchanged. 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. 6. Capitalized terms used in this Amendment not otherwise defined herein shall have the meanings ascribed to them in the Lease. 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. Page 2 of 3 IN WITNESS WHEREOF, District and Lessee execute this Amendment. DISTRICT: LESSEE: Midpemnsula Regional New Cmgular Wireless, PCS, LLC, a Delaware Open Space District limited liability company By: AT&T Mobility Corporation Its: Manager I By: President Board of Directors Date: 24 , Zo 10 Date: l4 Attest: District Clerk Approved as to form: Susan M. Schectman General Counsel Page 3 of 3