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HomeMy WebLinkAboutC18-161 New Cingular Wireless PCS LLCMarket : COA/TAfY/]vf T/SO. ID Cell Site Number: DNVRCO45I4 Cell SiteName: WOLCOTT Fixed Asset Number: l0l 301?l SECOND AMENDMENT TO OPTION AI\TDLEASE AGREDMENT THIS SECOND AMENDMENT OPTION AND LEASE AGREEMENT ("Second Amendment"), dated as of the latter of the sigrrature dates below, is by and between The County of Eagle, State of Colorado, whose address is 500 Broadway] P.O. Box 850, Eagle, CO 81631 ('Landlord") and New Cingular Wireless PCS' LLC, a Delaware limited liabiiity company, having a mailing address of 575 Morosgo Drive, Atlanta' GA 30324 ("Tenanf'). WHEREAS, Landlord and Tenant entered into an Option and Lease Agreement dated October 14, 2008, as amended by that certain First Amendment to Option and Lease Agreement dated October 3,2014 (collectively the "Agreement"), whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 815 Ute Creek Road, Wolcott, CO 81655; and WHEREAS, Landlord and Tenant, in their mutual interes! wish to amend the Agreement to allow installation of additional equipment, associated cables and equipment and other communications instruments, as more specifically set forth herein; and WHEREAS, Landlord and Tenant desire to adjust the Rent in corfunction with the modifications to the Agreement contained herei$ and WHEREAS, Landlord and Tenant desire to simplify the basis for calculation of Rent escalation during the Term of the Agreement. . NOW T1{EREFOR€, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree 8s follows: l. Additional Antennes. In addition to the other equipment permitted in the Agreement, Landlord hereby consents to installation of (l) 4'Microwave dish at 25' CL and the installation of one (2) EW90 waveguide cable, as more completely aescribea on attached Exhibit B. Landlord's execution of this Second Amendment will sigtify Landlord's approval of Exhibit B. Exhibit B hereby supplements Exhibit 1 and Exhibit A to the Agreement. 2. Additional Rent. Commencing on the first day of the month following the date that Landlord iszues a Notice to proceed with installation of the additional equipment identified herein" (the "Additional Rent Commencement Date.), Tenant will pay the Landlord additional monthly rental payment of Two-Hundred Fiffy-Three and 64i100 Dollais ($253.64) ("Additional Rentu) to be paid along with Rent, on or before the fifttr (5th) day of each calendar month. - In partial months occurring after the Additional Rent Commencement Date, Additional Rent will be prorated. The Rent and Additional fent are collectively refened to as the "Renf' for purposes of calculating Rent increases under Section 4 ofthe Agreement. 3. Rent Increases. Section 4(b) ofthe Agreement is hereby deleted in its entirety and replaced with ttre following: (b) Commencing on January l,2}lg and annualty thereaftern monthly Rent shall increase by three percent (370) over the Rent paid during the previous year. 4. Notices. Section 17 ofthe Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or r*sirtered r"il, retum ."""ipt requested, or by a nationally recognized ovemight courier, postage prepaid, to be 3-2010 Amendment C18-161 effective when properly sent and received, refused or retumed undelivered. Notices will be addressed to the parties as follows. lf to LANDLORD: County of Eagle Ifto TENANT: Attn: MickMcQuilton Communications Systems Administrator P.O. Box 850 essls, ce!elsde-g!911- LA]TIDLORD: County ofEagle, State of Colorado New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # DNVRCO4S14 Cell SiteName: WOLCOTT(CO) Fixed Asset #: l0l30l7l 575 Morosgo Drive Atlanta, GA30324 New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site# DNVRCO4514 Cell Site Name: WOLCOTT (CO) Fixed Asset #: 10130171 208 S. Akard Street Dallas. TX75202-4206 With copy to: The copy sent to the Legal Deparnnent 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 uritten notice to the other as provided herein. 5. Other Terms and Conditlons Remain. In the event of any inconsistencies between the Agreement and this Second Amendmen! the terms of this Second Amendment shall control. Except as expressly set forth in this Second 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 Second Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WIIERDOF, the parties have caused this Second Amendment to be effective as of the last date written below. TENAITT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager hintName: Its: Date: By: 3-2010 Amendment Kathy Chandler-Henry Chair 6/12/2018 Ulltt--l o ltfrt^ 1b ep++?.-tl\ C0 tl,^. t^,r\-l tkloa__a tt-{r2Y" i, LAI\DLORD ACKNOWLDDGMENT STATE OF COLORADO COI.INTY OF )) ss. ) The foregoing instrument was acknowledged before me 201_, by (Signature ofNotary) My Commission Expires on TENAI\TT ACKNOWLEDGMENT STATE OF COLORADO EVES NOTARY PUBLIE STATE OF COLORADO troTARY rD 20164&19069 Mf COMMISSION EXRRES DECEMB€R 30. 2O2O My commission Expires '" l,4nlaV7 ffi 3-2010 Amendment EXHIBITB Page I ofl Final Eouioment Loadins PROPOSED SOIfiTI ELFYANON Notc!: a J. 4. Tho Parties may, by writtcn amendment to this agr€Ement, replace this Exhibit with a land survey and/or construction drawings ofthe Premises by written amendment to this Agreement.. Any setback ofthe Prcmises fiom the Property's boundrries shall be the distance required by the applicable governmental authorities. Width ofaccess road strall be the width required by the applicable govemmental authorities, including policc and fire departnents. The typg number and mounting positions and locations ofantennas and hansmission lines are illushative only. Actual types, numben and mourting positions rnay vary from what is shown above only with written approval by kndlord's designee prior to consfuction. {3} 10.5'T-Fnmes 3-2010 Amendment