HomeMy Public PortalAboutR 00:241No. ' 00- 2/41 Date of Adoption~
RESOLUTION APPROVING AN ADDENDUM TO LEASE AGREEMENT
WITH SPRINT SPECTRUM
WHEREAS, the Borough of Carteret (the "Borough") and Sprint Spectrum, L.P.
("Sprint") are parties to a lease agreement for land to be used in connection with the
Communication Tower located on the Borough's property; and
WHEREAS, said lease agreement provides that Sprint may co-locate additional parties
on the tower provided they are approved by the Borough; and
WHEREAS, Sprint has requested said approvals; and
WHEREAS, the parties wish to amend the lease agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Carteret that the attached addendum is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be and are hereby
authorized to execute said addendum on behalf of the Borough.
Adopted this 27th day of July, 2000 and
certified as a true copy of the original on
July 28th, 2000.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
COUNCILMAN
GRII.I,EY
FAZEKAS
O'BRTEN
X - Indicate Vote
~l~t a meeting
RECORD OF COUNCIL VOTE
COUNCILMAN
QUINONES
8ANTORO
AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
X
of the Municipal Council
~_JJd_I2[ 27 , 2000
This Addendum Number 2 is made this __ day of July, 2000 by and
between the Borough of Carteret, Middlesex County, New Jersey, a municipal
Corporation, 61 Cooke Avenue, Carteret, New Jersey, (the "Borough"), and Sprint
Spectrum, L. P. a Delaware Limited Partnership ("SSLP"), collectively (the Parties").
WHEREAS, the Borough and SSLP are parties to a lease agreement dated
August 27, 1997 (the "Lease"), by which the Borough leases certain real property
(the "Demised Premises"),to SSLP for the purpose of establishing a communication
tower,(the "Tower"); and
WHEREAS, pursuant to the Lease SSLP has the right to co-locate other
companies on the tower with the consent of the Borough; and
WHEREAS, SSLP has requested to co-locate AT&T on the Tower; and
WHEREAS, the Borough and SSLP wish to amend the Lease to address
certain outstanding issues; and
WHEREAS, upon compliance with this Addendum Number 2 the Borough
shall grant approval of the proposed AT&T location.
NOW, THEREFORE, For the consideration set forth herein the Parties agree
as follows:
1-) On or before close of business August 2, 2000 SSLP agrees to pay all
outstanding rent due to the Borough.
2-)
SSLP agrees to promptly advise the Borough of any increases in co-
location fees. SSLP grants to the Borough, at the Borough's cost and
expense the right to audit SSLP's books and records with regard to co-
location agreements to which the Borough is entitled to a percentage of
the co-location fee.
3-)
The Parties agree to renegotiate the rental amount for the Demised
Premises in the event of a request by SSLP to
expand or decrease the amount of the Demised Premises.
4-)
SSLP agrees not to co-locate any company, person or organization who
intends to transmit from the Tower communications which, ( i ) would
adversely affect the. health, safety and welfare, or, (ii) would offend the
moral standards of sensibilities of the Community.
5-) The Borough approves AT&T to co-locate on the Tower. Said consent
being expressly contingent upon the signature of the addendum by
Sprint and satisfaction of paragraph number one of this Addendum
before close of Borough's business day, August 2, 2000.
IN WITNESS WHEREOF, the parties hereto have hereto agreed.
Sprint Spectrum, L.P.
by:
name:
title:
Borough of Carteret
by:
James A. Failace
Mayor
Witness:
Witness:
name
Kathleen M. Barney
Borough Clerk