HomeMy WebLinkAboutContracts & Agreements_24-2004_CCv0001.pdf FIRST AMENDMENT TO WIRELESS SERVICE FACILITY
LAND LEASE AGREEMENT
This First Amendment to the Wireless Service Facility Land Lease Agreement is made
and entered into on this 7th day of September 2004 by and between City of Redlands, a
municipal corporation ("Landlord") and Sprint PCS Assets, L.L.C., a Delaware limited liability
company formerly known as Cox PCS Assets L.L.C. (SPCS) ("Tenant"), collectively the
"Parties."
AMENDMENT
1. The second full paragraph on the first page of the Wireless Service Facilities. Land Lease
Agreement of February 3, 2004 is hereby amended to read as follows:
"PREAMBLE
A. Landlord, for and in consideration of the rent to be paid by Tenant and for
the covenants and provisions to be kept and performed by Tenant under
this Lease, hereby Ieases to Tenant for Tenant's sole use, and the Tenant
agrees to lease from Landlord approximately 1,290 square feet of property
located at City's California Street Grove (APN 292-064-02) in Redlands,
California 92373 and more particularly described in the attached legal
description Exhibit "A" (the "Property") and plan of development of the
area to be leased as set forth in Exhibit "B" (the "Site").
B. The Parties further understand and agree that any changes to the Property
and Site to be identified in any new and/or revised Exhibits "A" and "B"
to the Wireless Service Facility Land Lease Agreement are subject to final
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approval by the City of Redlands Citrus Commission which will thcn
forward its recommendation to the Planning Commission for Tenant to
submit with its application to the Planning Commission fOr the
Conditional Use Permit for the Wireless Service Facility.
C. If the Parties need to change the location of the Wireless Service Facility
Site within the City's California Street Grove (APN 292-064-02) with the
preparation of new and/or revised Exhibits "A" and "B" said change in
location can be made upon the mutual consent of the Parties with final
approval of said new location within the Grove being made by either
Tenant's Director of Site Delivery or Site Development Manager and with
Landlord's staff's assistance by the Landlord's City Manager with the
concurrence of the City Attorney. Any new location selected in the City's
Grove shall be confirmed by use of a Memorandum of Understanding
signed by Tenant's Director of Site Delivery or Site Development
Manager and by Landlord's City Manager, as to the changed location,
with the newly revised Exhibits "A" and "B" to be attached. The
Memorandum of Understanding and the new Exhibits shall all be attached
to the Lease, the License (Exhibit D hereto) and the Memorandum of
Lease (Exhibit E hereto) without the necessity of any further Amendment
to this Lease, and the Exhibits provided in the Memorandum of
Understanding shall thereafter control the description of the Site..
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D. The proposed Site is to be used for an antenna support structure and
communication equipment for a personal communications Wireless
Service Facility (WSF), using stealth treatment, as required pursuant to the
Redlands Municipal Code."
2. No other amendments or changes to the February 3, 2004 Lease are n-lade. All other
terms and conditions of that Lease remain in full force and effect.
WHEREFORE, the parties have executed this Amendment on the 7th day of September
2004.
LANDLORD ATTEST:
CITY OF REDLANDS
a municipal corporation
L ie Poyser, erk
5u. n Peppier, M, r
TENANT
SPRINT PCS ASSETS, LLC.
By: d-,.q",
Cynthia Jolly
Title: Site Delivery Manager
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