AT&T - 1997 Agreement for Hecker Pass Cell Tower Lease - Amendment No. 1
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Site Number: 520
Site Name: Hecker Pass
FIRST AMENDMENT TO
MICROCELL SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO MICRO CELL SITE LEASE AGREEMENT
(this "Amendment") is entered into as of the /~ day o~ '
2002, by and between THE CITY OF GILROY, a California .cipal corporation .
("Lessor") and Bay Area Cellular Telephone Company, a California general partnershipt
dba AT&T Wireless ("Lessee").
WHEREAS, Lessor and Lessee entered into that certain Microcell Site Lease
Agreement dated December 12, 1967 (the "Agreement") regarding property located at
2256 Coral Bell Court, Gilroy, California, also known as Assessor's Parcel No. 783-46-
081; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to: (1) allow for
the placement of a new monopole and additional antennas; (2) remove CPI adjustment of
rent; (3) modifY the rent in conjunction with the additional conununication equipment;
(4) add termination fee; and (5) modify option terms; and
WHEREAS, Lessor and Lessee hereby express their mutual desire and intent to
amend the Lease Agreement.
NOW, THEREFORE, in consideration of the mutual convenants and agreements
set forth here~ and for other good and valuable consideration, Lessor and Lessee hereby
agree as follows:
1. Section 2(b) of the Lease Agreement is hereby amended to allow Lessee to
add, and Lessor hereby approves, the placement ot: one (1) new
monopole, and three (3) additional antennas, including related equipment
and cabling. as depicted on the attached Exhibit ~ which is incorporated
with Exhibit B of the Agreement.
2. Section 3( c) of the Agreement is hereby replaced to indicate that the
monthly lease payment shall be adjusted yearly starting July 1, 2003, to
reflect an increase of 4% annually.
3. Lessee agrees to pay Lessor Three Hundred Ninety One Dollars and
09/100 ($391.09) per month ("Additional Rent") for Lessee's additional
connnunication equipment placed on the Premises. The Additional Rent
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shall be paid upon the completion of Lessee's installation of the additional
equipment.
4.
Section 11 (c) of the Agreement is hereby amended to provide that the
Agreement may be terminated by Lessee, upon ninety (90) days written
notice for any reason so long as Lessee pays Lessor a termination fee
equal to six (6) months Rent, at the then current rate; provided, however.
that no such termination fee will be payable on account of the termination
of the Agreement by Lessee under any other provision of this Agreement.
Section 4 of the Agreement is hereby amended to increase the extension
term :from three (3) optional extension terms of five (5) years each to five
5-year option terms.
6,
Lessor agrees to cooperate and hereby specifically authorizes Lessee to
prepare. execute and file all necessary or appropriate applications to obtain
any governmental approvals for its amended use under this Amendment.
7.
All capitalized terms not herein defined shall have the same definitions as
in the Lease Agreement.
8.
In the event of any inconsistencies between the Lease Agreement and this
Amendment, the tenns of this Amendment shall take precedence.
9.
Except as expressly set forth in this Amendment, the Lease Agreement
otherwise is unmodified, remains in full force and effect, and is
incorporated and restated herein as if fully set forth at length. Each
reference in the Lease Agreement to itself shall be deemed also to refer to
this Amendment.
IN WITNESS WHEREOF, the parties below have caused this Amendment to be
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Executed as of the date first written above.
LESSOR:
CITY OF GILROY
LESSEE:
Bay Area Cellular Telephone Company, a California
general partnership, dba AT&T Wireless
By: CMT Partners, a Delaware general partnership,
Its General Partner
By: AT&T Wireless Services of California, LLC, a
Delaware limited liability company, its General Partner
By: AT&T WU'eless Services, Inc., a
Delaware corporation, its Member
By
4:r-
CraIg Bloom
System Development Manager
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