Full Text
RIGINAL Site Name: LEW MOUNT AINVIEW FIRST AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT THIS FIRST AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT (hereinafter "First Amendment") is made this 1 day of L)ct.?mher, 20Jj_ by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Cellco Partnership, d/b/a Verizon Wireless (hereinafter "LESSEE"). RECITALS This First Amendment modifies the Wireless Communication Facility Agreement dated September 7, 2004 (2004-44) between City of Moscow, Idaho and Cellco Partnership, dba Verizon Wireless, Rotary Park, together with all exhibits, amendments and addenda thereto (collectively the "Agreement") for the lease of property ("Property") located at 1 026 Street, Moscow, County of Latah, State of Idaho, legally described as set forth on Exhibit attached hereto and made a part hereof by this reference. The parties desire to amend the Agreement by this First Amendment to allow LESSEE to modify its wireless communications facility ("WCF") at the Property and to increase the fee payable to CITY. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: AGREEMENT Recitals. The foregoing recitals are incorporated herewith as if fully set forth herein. Exhibit The Property is hereby amended to allow LESSEE to modify its WCF at the Property by the addition of not more than three new antennas and six new one and five eights inch (1 5/8") coax and related appurtenances on an existing CITY-owned water tank at the Property, as shown on Exhibit attached hereto and made a part hereof. Exhibit to the Agreement is hereby supplemented with Exhibit attached to this First Amendment. Fee. Effective the first day of the month following installation of LESSEE's new antennas and related appurtenances at the Property as agreed to in this First Amendment (the "Monetary Fee Increase Effective Date"), the Annual Monetary Fee payable to CITY shall increase by two thousand three hundred forty dollars ($2,340.00). The parties shall acknowledge in writing the Monetary Fee Increase Effective Date and any additional amounts due to CITY shall be made forty five (45) days from the date of the parties acknowledgment of the Monetary Fee Increase Page I of5 DWT 18461597v2 0052051.{)00032 ---PAGE BREAK--- Effective Date. The Monetary Fee shall be paid to CITY annually and the Annual Monetary Fee shall increase as provided in the Agreement. Full Force and Effect. Except as expressly amended herein, the Agreement is otherwise unmodified and remains in full force and effect. In the event of a conflict between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall be controlling. In addition, except as otherwise stated in this First Amendment, all initially capitalized terms will have the same respective defmed meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this First Amendment. CITY City ofMoscow, Idaho ) ) ss. ) LESSEE Walter L. Jones, Jr. Area Vice President Network On this , 2011, before me, a Notary Public in and for the State of Idaho, personally app ed Walter L. Jones, Jr, known to me to be the person named above and acknowledged that he cuted the foregoing document as the duly authorized representative for Cellco Partnership, dba rizon Wireless. DWT 1846!597v2 0052051-000032 Notary Public for the Residing My commission expires----"'--- 2 I ---PAGE BREAK--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ) County of Orange ) On9JL}.ZOJI beforeme,-'fn$ 8-YdlaJ=kt , Notary Public, personally appeared Walter L. Jones, Jr., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. llaJ<.illJ/L Signature of Notary Public Place Notary Seal Above ---PAGE BREAK--- EXHIBIT LEGAL DESCRIPTION Situate in the County of Latah, State of Idaho, ¢o wit: A parcel of land located in the Southwest Quarter of the Northeast Quarter of Section 8, Township 39 North, Range 5 WBM, more particularly described as follows: Commencing at a point 1080 feet North and 715.7 feet East of the Southwest comer of the Northeast Quarter of Section 8, Township 39 North, Range 5 West Boise Meridian; thence running East 624.9 feet; thence North 330 feet; thence West 624.9 feet; thence South 330 feet to the Place of Beginning. EXCEPTING THEREFROM, Commencing at a point 1080 feet North and 715.7 feet East of the Southwest Quarter of the Northeast Quarter of Section 8, Township 39 North, Range 5 WBM; thence running East 300 feet; thence North 255 feet; thence West 300 feet; thence South 255 feet to the Place of Beginning. 3 DWT 1846!597v2 0052051-000032 ---PAGE BREAK--- EXHIBIT - / \ \ . \ 0 I I > \ F I? \ . I \ t>l ' , ' v 'L ' 1.0 # ª ·0 @ . « / ' , I, ' I , , ( , , , I - I I t ' l<.À ' r< . @of' -t - ²³´µ \ . G I I tl I w Ill : I ( ; - : : ' 1 ' 1 I 1 j · ! l I / I = llAll 1H"= \ 7 - \ © ) IIIIOf'IOID ¿ tiiiUI J (llVUL, t -1 'P'IiiCW'CIID "fCiliiiZl:lc ..-as (:Or.;II!Gnl1'0 I MD M IDI:Uf ...aiD \ICIUOII 'W'IIaDI K 'WolVt _ - c-nNII 1't'-tt" OICIUal ¾ oat mr..a MDf!IOOi& a ½ _ K JCCG:I HG UIIUh' H ,fr,IC OfiG t.tMOtS fltOf E t'lf""'CUII'T't ¨ t/.t.-4n.t¶Metl'tL ICrrHIO •TOJCÃÄ'nCW!f,bbJ 1UI'I'CC itAÅ"Mlf f"'Uf11UCt #IIIOC "'l<ÂI!MitCC. ID' ·f . ir I I -KDC ¯rL DUO 0 7/01/201 1 OIVIWW B"rt J(G Q z I I en 0 I • • g 12 li Ill ¥ U4r ¤ £ d. &Iii D . Pl . t I J ii 9 : - ;3 . I! . < I li 565 :1 . ¦ M I