HomeMy WebLinkAboutbocc.con.amended.148.2007ACOUNTY CLERK'S
CONTRACT COVERSHEET
CONTR.ACT #: Y��
ORIGINATING DEPARTMENT: Airport
PROCUREMENT OFFICER: Steven Schultz
PROJECT NAME: AT&T Cell Site Lease
LLC.
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PHONE #: 9704292858
Rev. 08-30-11 jls
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CONTRACTOR: New Cingular Wireless PCS,
DOLLAR AMOiTNT: $632.946.20 LINE ITEM # 404.67.00000.65222
CONTRA.CT EXECUTIOleT DATE: 6l15/2012 CONTRACT END DATE: 5/31/2019
AUTOMATIC RENEWAL: ❑ YES � NO TERM: 6/1/2413 - 5/1/2019
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED STGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None � Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal , ,���
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance
� License/LTse
❑ Lease
❑ Construction
❑ Goods, Equipment, Supplies
❑ Other (e.g. revenue)
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❑ Employment
❑ Intergovernmental Agreement (Resolution Required)
❑ Non-Profit
❑ Quasi-Public (e.g.-AVI�
❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Cl�ange Order/Contract Amendment
(C/O: 10% or $25K whichever is the lesser must have County Manager signature)
A11 Contracts should be proofed and all e�ibits and notices rnust be attached for the following:
✓� No Pages Missing ✓� All Other Blanks Filled In
✓❑ If Page Left Intentionally Blank Note on Page +�� All Exhibits Attached
�❑ Page numbered consecutively ✓[� All Legal Descriptions attached (if applicable)
✓� All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached ('f applicable)
✓� All Dates Filled In ✓[] Warranty (if applicable)
✓❑ Special Instructions for Finance Department:
✓� Authorized Procurement Officer's Name: Jon Peacock
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WIL,L KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTAC�IlVIENTS MUST BE WITH THIS CHECKLIST!
Market: CO. UT. WY, MT, SO. ID
Cell Site Number: COU4058
Cell Site Name: Aspen AirpoR
Fixed Asset Number: 10101113
Reference Number of
Prior Recorded Documents: LDS-C143/Aspen Airport
2"a AMENDMENT TO THE SITE LEASE
THIS SECOND AMENDMENT TO SITE LEASE ("Amendment"), dated as of the latter of the signature
dates below, is by and between the Board of County Commissioners of Pitkin County, having a mailing address of
530 East Main Street, Aspen CO, 81621 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited
liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("TenanY').
WHEREAS, Landlord and Tenant entered into a Site Lease dated January 1, 2000, whereby Landlord
leased to Tenant certain Premises, therein described, that are a portion of the Property located at the Airport
Operations Center Facility at 1001 Owl Creek Road, Aspen Co 81621 ("Agreement") and entered into a First
Amendment To Site Lease on April 1, 2007; and
WHEREAS, Landlord and Tenant hereby express their mutual desire and intent to amend the Site Lease
and First Amendment to the Site Lease to extend the term of the Lease and to redefine the antenna enclosure area. ;
and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below
accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
1. Starting June 1, 2012 Tenant will pay Landlord seven thousand three hundred eighty five dollars and 25/OOs
($7,385.25) per month rent
2. This Agreement will automatically renew for seven (7) additional year(s) upon the same terms and conditions
unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days
priar to the end of the existing year.
3. The monthly Rent will increase by iive percent (5%) over the Rent paid during the previous year through the
following schedule.
June 1, 2013 — May 31, 2014 $7,754.51/Month
June 1, 2014 — May 31, 2015 $8,142.24/Month
June 1, 2015 — May 31, 2016 $8,549.35/Month
June 1, 2016 — May 31, 2017 $8,976.82/Month
June 1, 2017 — May 31, 2018 $9,425.66/Month
June 1, 2018 — May 31, 2019 $9,896.94/Month
4. Landlord shall allow Tenant to move its antennas from their current location in the South cupola to an enclosure
to be built above the existing architectural turret on the central East side of the building to the satisfaction of the
Landlord. All expenses associated with this move will be the sole responsibility of the Tenant. All work is subject
to the provisions of the original Site Lease and the Frist Amendment to the Site Lease.
12-2010 Amendment �
(c) Tenant will pay a onetime architectural and consultancy fee of Sixteen Thousand and No/100
Dollars ($16,000.00) to Landlord within forty-five (45) days after the Effective Date.
3. Renewal Term. The parties agree the Lease will automatically renew for seven (7) additional years upon
the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this
Lease at least sixty (60) days prior to the end of the existing year.
4. Notices. All notices, requests, demands and communications hereunder will be given by frst class
certifed or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage
prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed
to the parties as follows.
If to LANDLORD:
Pitkin County BOCC
C/O Aspen Airport
0233 East Airport Rd
Aspen CO 81611
970-429-2850
If to TENANT: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site # COU4558
Cell Site Name: Aspen Airport
Fixed Asset #: 10101113
12555 Cingular Way, Suite 1300
Alpharetta, GA 30004
With copy to:
(U.S. Mail)
(overnight courier)
New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site # COU4558
Cell Site Name: Aspen Airpart
Fixed Asset #: 10101113
P.O. Box 97061
Redmond, WA 98073-9761
16331 NE 72nd Way, RTC1
Redmond, WA 98052
The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either
party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as
provided herein.
5. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other,
execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the
Attachment 1. Either party may record this memorandum at any time, in its absolute discretion.
6. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this
Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the
Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself
shall be deemed also to refer to this Amendment.
7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined
in the Agreement.
12-2010 Amendment �"
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IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written
below.
LANDLORD:
The Board of County Commissioners of Pitkin
County
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By: !�� ��� '� 1
Print Name•Ly -���
Its: County Manager
Date:
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT� \ili
Its: M naQer
Print Name: � J /� A
Its: lJ� Ga � pq.t�' tu.o,� �Q'�'•a'e f C G�+�Q7`Wc� �
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Date: ��c �5,2o�i
12-2010 Amendment
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EXHIBIT C-1
DESCRIPTION OF PREMISES
Page 1 of 2
to the Second Amendment to Site Lease dated , 2012, by and between the Board of County
Commissioners of Pitkin County , as Landlord, , New Cingular Wireless PCS, LLC, as Tenant.
Lease Area Sketch or Survey:
Notes•
1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locauons of antennas and transmission lines are illustrative only. Actual types, numbers and ,!
mounting positions may vary from what is shown above. i
12-2010 Amendment
COLORADO LANDLORD REPRESENTATIVE ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY OF Pitkin
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e foregoin instrument was acknowledged before me this�day of 201� by ��'n
, th�,�t���Ianagerof Pitkin County.
Notary Seal ��` � ;•••••••;. y �ii
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AT&T ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY OF �°`P°L'�'�O"�
(Signat're otary) ~
My Commissio Expires
My Commission Expires: AUgUSt 4, 2015
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The foregoing instrument y✓as acknowlrZedged b�ore;ne this �?+'day of ��'��- 201�, by Gnn� S u�
, the �fca M$r� E s a.g4•Cr�},o.. of AT&T Mobility Corporation.
Notary Seal
ERIN MdM,X#Flf„1N
N07ARY �
STATE Qf �AiAF1ADQ
MY CC `; I,1ISSION DiM�3 4J20/2015
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(Signature of N ry
My Commission Expires: y/2%'��
12-2010 Amendment
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Prenared bv, and after recordine
Return to•
New Cingular Wireless PCS, LLC
12555 Cingular Way, Suite 1300
Alpharetta GA 30004
Attn: Network Real Estate Administration
Grantor: The Board of County Commissioners of Pitkin County
Grantee: New Cingular Wireless PCS, LLC, a Delaware limited liability company
Legal Description: Official legal descriprion attached as Exhibit 1
Tax Serial No.: 84-6000794
Cell Site Name &#: COU4058-Aspen Fixed Asset #: 10101113
Airport
State: Colorado County: Pitkin
MEMORANDUM OF SECOND AMENDMENT TO LEASE
This Memorandum of Second Amendment to Lease is entered into on this day of
, 201_, by and between the Board of County Commissioners of Pitkin County, having a
mailing address of 530 East Main Street, Aspen CO 81621 ("Landlord") and New Cingular Wireless PCS,
LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300,
Alpharetta GA 30004 ("Tenant").
1. Landlord and Tenant entered into a certain Site Lease on the lst day of January, 2001, as
amended by that First Amendment to Site Lease dated August 22, 2007, and Second
Amendment to Site Lease dated , 2012, ("Agreement") for the purpose
of installing, operating and maintaining a communications facility and other improvements.
All of the foregoing are set forth in the Agreement.
2. The initial lease term will be seven (7) yeazs ("Initial Term") commencing on June 1, 2012.
3. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit
annexed hereto.
4. This Memorandum of Second Amendment to Lease is not intended to amend or modify, and
shall not be deemed or construed as amending or modifying, any of the terms, conditions or
provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a
conflict between the provisions of this Memorandum of Second Amendment to Lease and the
provisions of the Agreement, the provisions of the Agreement shall control. The Agreement
shall be binding upon and inure to the beneiit of the parties and their respective heirs,
successors, and assigns, subject to the provisions of the Agreement. �
IN WITNESS WHEREOF, the parties have caused this Memorandum of Second Amendment to Lease to
be effective as of the last date written below.
LANDLORD:
The Board of County Commissioners of Pitkin
County
By: /�
Print ame: '--�
Its: County Manger
Date: '1 -9 � l 2-
n.��
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: anaeer �\
By. 1
�TinfName: ��� S � a
Its: Vu't.. IM oWIA��'J
Date:� � c 1� 2o�-L
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EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of 1
to the Memorandum of Second Amendment to Lease dated _, 2012, by and
between the Board of County Commissioners of Pitkin County, as Landlord, and New Cingular Wireless
PCS, LLC, a Delaware limited liability company, as Tenant.
The Premises are described and/or depicted as follows:
Lease Area Sketch or Survey:
�
COLORADO LANDLORD REPRESENTATIVE ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY OF Pitkin
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was acknowl�ged be ore me this �� . day of J�-`� 201�, by ✓��
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AT&T ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY O��°�
(Si ature of Notary)
My Commission Expires: Mj/ COI111111SSIOtI EXplf@S
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�e foregoiqg instrument was ackn wledged before me tlJis IS�day of V �^� 201�, by _
�r,nrS �1 ta� , the c,�, p�� CG JC t of AT&T Mobility Corporation.
Notary Seal
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$TATE OF COLORAD�
I�A1f COMMISSION EXPIRES ��45
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(Signature of Notary)
My Commission Expires: 4/Z��Lolr-
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