Full Text
May 31, 2013 City of Moscow Attn: Jesse Flowers 206 E. Third Street Moscow, ID 83843 918 South Horton St. Seattle, WA 98134 Sent via FedEx RE: Second Amendment to Wireless Communication Facility Agreement Site IDs: ID035 I NE Moscow I 10037177 Dear Mr. Flowers: Enclosed please find two original partially executed Second Amendments Wireless Communication Facility Agreement for the above referenced site. Please have the appropriate City of Moscow officer sign and return at least one fully executed original to the address below: Ryka Consulting 91 8 S Horton Street, Suite 1 002 Seattle, W A 98134 Attn: Rachel Titus Should you have any questions please do not hesitate to contact me at (206)851-94 77 or [EMAIL REDACTED]. Rachel Titus Leasing Specialist ---PAGE BREAK--- Market: PNW I Washington IN Idaho Cell Site Number: ID035 Cell Site Name: NE Moscow Fixed Asset Number: 10037177 SECOND AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT THIS SECOND AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, having a mailing address of 206 East Third Street, Moscow, Idaho, 83843 ("CITY") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, Georgia, 30004 (now known as "AT&T Mobility"). WHEREAS, CITY and AT&T Mobility entered into a Wireless Communication Facility Agreement dated August 4, 2003, as further amended by Drawing dated August 26, 2003 (Exhibit whereby CITY leased to AT&T Mobility certain Premises, therein described, that are a portion of the Property located at 608 Residence Street, Moscow, Idaho, 83843 ("Agreement"); and WHEREAS, CITY and AT&T Mobility desire to amend the Agreement allow for the installation of additional antennas, associated cables and other communications instruments; and WHEREAS, CITY and AT&T Mobility desire to adjust the rent in conjunction with this Amendment, as set out herein; and WHEREAS, CITY and AT&T Mobility desire to amend the Agreement to modify the notice section thereof Section 17); and WHEREAS, CITY and AT&T Mobility desire to amend the Agreement to permit AT&T Mobility to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services; and WHEREAS, CITY and AT&T Mobility, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NO W THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and AT&T Mobility agree to amend this Agreement as follows: 1. Additional Antennas. In addition to the other antennas permitted in the Agreement, CITY consents to the installation and operation of additional antennas, not to exceed three additional antennas for a total of nine antennas, associated cables and equipment as more completely described on the attached Exhibit A-1 to this Amendment. CITY's execution of this Amendment will signify CITY's approval of Exhibit A-1. The parties agree the Amendment to Lease dated August 26 2003 is a drawing of the Property and Premis only. SECOND AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT- AT&T MOBILITY AND CITY 2o1s--s1 3-2010 AMENDMENT PAGE I OF5 ---PAGE BREAK--- 2. Rent. Commencing the first day of the month following the date that AT&T Mobility commences construction of the modifications authorized by and set forth in this Amendment, Rent shall be increased by One Hundred Ninety Five Dollars ($195.00) per month through the remaining term of the Agreement, subject to further adjustments as provided in the Agreement. Upon AT&T Mobility's removal of additional antennas, Rent will revert to the original rate, subject to adjustments as provided in the Agreement, upon thirty (30) days' prior written notice to CITY. 3. Notices. Section 17 of the Agreement is hereby deleted in its entirety and shall be replaced with the following: Notices. All notices, requests, demands and communications hereunder will be given by first class certified 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 shall be addressed to the parties as follows. If to CITY: City ofMoscow Attn: IT Department P 0 Box 9203 Moscow, ID 83843 If to AT&T Mobility: New Cingular Wireless PCS, LLC With copy to: (U.S. Mail) (overnight courier) Attn: Network Real Estate Administration Re: Cell Site # ID035 Cell Site Name: NE Moscow Fixed Asset#: 10037177 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site# ID035 Cell Site Name: NE Moscow Fixed Asset#: 10037177 P.O. Box 97061 Redmond, WA 98073-9761 16331 NE 72nd Way, RTC1 Redmond, W A 98052 The copy sent to the AT&T Mobility Legal Department is an administrative step which alone shall 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. 4. 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 and shall remain in full force and effect following execution of this Amendment. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. SECOND AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT- AT&T MOBILITY AND CITY 3-2010 AMENDMENT PAGE20F5 ---PAGE BREAK--- IN WITNESS WHEREOF, the parties have caused this Amendment (Second Amendment To Wireless Communication Facility Agreement) to be effective as of the last date written below. CITY: AT&T Mobility: City of Moscow, Idaho New Cingular Wireless PCS, LLC, a municipal corporation of the State of Idaho a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: N;J Print Name: Nancy Its: Mayor Date: ATTEST: STATE OF OREGON ) . ) SS. COUNTY OF ti».zb _Its· S-2.0-t3> - * q; 1. c,()rPORATto \ . \p . . ' . * . JULY 12 : q887 This instrument was acknowledged before me on 2Jit 2012.__ by \ t Q as ftr.tA ʋ of AT&T Mobility Corporation. Notary Seal OFFICIAL SEAL KATHERINE E ETZEL NOTARY PUBL.IC • OREGON COMMISSION NO. 475698 MY COMMISSION EXPIRES FEBRUARY 14, 2017 SECOND AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT- AT&T MOBILITY AND CITY (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Oregon MY,f__'JI).(s;;n expires: 3-2010 AMENDMENT PAGE3 OF5 ---PAGE BREAK--- EXHIBIT 'A-1' DESCRIPTION OF PREMISES to the Second Amendment to Wireless Communication Facility Agreement dated 2013, by and between CITY and AT&T Mobility. Notes: F'Rnf'OIED N!n'EWNACOfliFGURA'nON N4D ʁ ncm:AA AZIJIITH III<>COTER MWIIERO!' WNDaO uooa. El.EC. cew-f'Hi.loCVT 1 FillER 215 aECtORB ɿ NUtltEROP WNDaO MODEL COAX& IINTIIINf.ff' II' I fliiUI - SECTOR<> AU!UYH Nli.IERM lleiDCifl YOOB. F'EEJER CCWC.Q TU TilT 1\MCllll'tl GSJ.IDI lBD" ' ICIITHRBI 1oU-2&5 + 0" • o.&MtKD lljLREMI\Iʂ I ' _,..,-.Pfi.OPOOEO A'mT L1E I PAIIIB.AN'I'BIINI\ I I' . I I I I I 0!5THCIɽ ) fWIDRAI. I I n ' ' ' \ y@ -..AnT ' HtOfi'Oa.EDAT&T xa.a. ll PRCPOSEDAll.T @ I ! , M-I'AIIOOUI TO FAOPOEEDI\.'rl'f @ PRPIPEI.UJWI"' NIIUj"' · u \IHDS.fUIEATH EJUJ'T'NG I I > AT&TJVf"'EEIIM. ʃʄ I OfiOSEU AT&T'JaW2RRH UNrTU:U.MEDTOPROPOSEDD PFEf.«X.'fiTI.IHDERt4rA.DI QtB'TINB CA."IWM.K 1 I I tU-TO l F9E Ul'UNT UNIJEJUEA"fH v-CAl'IMU: I : 8C.!I'PRt5aiON \.lhn uctMID • -/nLn< TO OI'OOWPF!i A BNWmAl'I. 7111YfEIUrEA1lt ʆ Cl.'\l'NI\I.K PROPQ&EI) ATir AM RRH lMo1T @ MOUNTED lO PROPOfiED PFEUClM'" , " PROfJO.UiiwRTI.'ffi v /P.J'o'I'D"' UMSUEA1'HEIUBTINGCATI1NK \ - ; 'ATI.TAH"'IiffA { ɼ / EXI LTC-) - - - FROPO&E.O/t.TUsutCE ?G UNrTMOUN'ImTOFftOPOEDPIPE . ' MOUNT BElOW LTENfiENN!\ FROPO&m AT&TEF@ PIPEIICll.NI' \ PROPOSED ANTENNA CONFIGURATJON SECTOR u:r. Nl' W)Ct'r.O/tl..&: 14 T"""l'his Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by AT&T Mobility. 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 locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positions may vary from what is shown above. SECOND AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT- AT&T MOBILITY AND CITY 3-2010 AMENDMENT PAGE40F5 ---PAGE BREAK--- EXHIBIT ROM nwmm•v· - SECOND AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT- AT&T MOBILITY AND CITY 11M I 8 I , 1 3-2010 AMENDMENT PAGES OF5