HomeMy WebLinkAboutAgr 2017-07-11 (Sprint) Site Name: Tiburon Town Hall Site ID#: FSO4XC400
THIRD AMENDMENT TO PCS SITE AGREEMENT
This Third Amendment to PCS Site Agreement (this "Amendment"), effective as of the date last signed below ("Effective
Date"), amends a certain PCS Site Agreement between Sprint Spectrum Realty Company, LLC, (formerly a limited partnership), a
Delaware limited liability company ("Sprint' or "Tenant"), successor-in-interest to Sprint Spectrum L.P., a Delaware limited
partnership, and The Town of Tiburon, ("Owner"), dated June 25, 1997, as amended by that Amendment to PCS Site Agreement
dated February 10, 1999, and further amended by that Second Amendment to PCS Site Agreement dated December 21, 1999,
(collectively, the"Agreement')for property located at 1505 Tiburon Blvd,Tiburon,California 94920.
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Owner and Sprint agree as
follows:
1. Term. Section 2 of the Agreement is amended by adding the following:
"Notwithstanding anything set forth in this Agreement to the contrary,the current five(5)year term of Agreement will expire on
June 24, 2017. Commencing on June 25, 2017, the term of this Agreement ("New Initial Term") is five (5) years. This
Agreement will be automatically renewed for three (3) additional terms (each a "New Renewal Term") of five(5) years each.
Each New Renewal Term will be deemed automatically exercised without any action by either party unless Tenant gives written
notice of its decision not to exercise any option(s) for any reason or no reason to Owner at least One Hundred Eight(180)days
before expiration of the then current Term."
2. Rent. Section 3 of the Agreement is amended by adding the following:
"Notwithstanding anything set forth in this Agreement to the contrary, commencing as and from August 1, 2017, the
Rent shall be paid in equal monthly installments of$5,946.65,partial months to be prorated. Notwithstanding anything
set forth in this Agreement to the contrary,commencing on August 1,2018 and on each August 1 thereafter throughout
the remainder of the New Initial Term and any New Renewal Terms,the Rent shall be increased by an amount equal to
the amount of the annual installment of Rent payable during the preceding year, increased by the percentage change in
the CPI during such year. "CPI" means the consumer price index — U.S. city average for urban wage earners and
clerical workers (1982-84=100) published by the United States Department of Labor, Bureau of Labor Statistics (or a
reasonably equivalent index if such index is discontinued). In no event will the amount of the annual installment of
Rent due under this Agreement following such adjustment increase by an amount less than four percent(4%). Rent is
payable to Owner at 1505 Tiburon Blvd,Tiburon,California"
3. Notice Address. The notice addresses in the Agreement or referenced therein for the party or parties listed below are hereby
deleted in their entirety and replaced with the following:
To Owner: The Town of Tiburon
Attn: Director of Finance and Administration
1505 Tiburon Boulevard
Tiburon,CA 94920
Tel:415-435-7373
To Tenant: Sprint Property Services
Sprint Site ID: FSO4XC400
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
With a mandatory copy to: Sprint Law Department
Sprint Site ID: FSO4XC400
Mailstop KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park, Kansas 66251-2020
Attn.: Real Estate Attorney
4. Improvements. Section 7 of the Agreement shall be amended by adding the following sentences as the second and third
sentences to the Section: "Tenant will be responsible, at its sole cost and expense, for repairing and maintaining the PCS and any other
improvements installed by Tenant at the Site in a proper operating and reasonably safe condition. Tenant also agrees, at its sole
expense, to repair any damage to the Property caused by Tenant's PCS facilities."
5. Bond. Section 18 of the Agreement shall be amended by replacing the last sentence with the following: "The new bond
shall have a face amount of$50,000.00, and shall be maintained throughout the New Initial Term and all New Renewal Terms."
6. General Terms and Conditions.
a. All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the
terms contained in the Agreement.
b. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and
conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth herein, all provisions of the
Agreement are ratified and remain unchanged and in full force and effect.
C. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original.
d. Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and
perform its respective obligations under this Amendment.
e. Owner agrees to execute a recordable Memorandum of Amendment attached to this Amendment as Exhibit C-1.
***SIGNATURES ON FOLLOWING PAGE***
***REMAINDER OF PAGE INTENTIONALLY LEFT BLANK***
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The parties have executed this Amendment as of the Effective Date.
Owner: Sprint:
City of Tiburon Sprint Spectrum Realty Company, LLC,
a Delaware limited liability company �
10
Printed Name: ��� , Printed Name: ES tC C'eL tk � .,.
Title: e— ,et / Title:
Date: �l_�7 Date:
(Date must be completed) (Date must be completed)
APPROVED-A5, TO FORM
TOWN ATTORNEY
TOWN OF TIBURON
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EXHIBIT C-1
FORM OF MEMORANDUM OF AMENDMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint Contracts &Performance
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
[space above this line for Recorder's use]
MEMORANDUM OF PCS SITE AGREEMENT AMENDMENT
THIS MEMORANDUM ("Memorandum"), by and between the Town of Tiburon ("Owner") and Sprint Spectrum Realty
Company, LLC, (formerly a limited partnership) a Delaware limited liability company, ("Sprint" or"Tenant"), successor-in-interest to
Sprint Spectrum L.P., a Delaware limited partnership, evidences the PCS Site Agreement made and entered into between Owner and
Sprint dated June 25, 1997, ("Agreement Effective Date") as amended by Amendment to PCS Site Agreement dated February 10,
1999, and further amended by Second Amendment to PCS Site Agreement dated December 21, 1999, (collectively, the "Agreement")
has been amended by written agreement between the parties (the "Amendment"). The term Agreement hereinafter refers to and
includes the Amendment. The parties caused to be recorded a Memorandum of Agreement with the Office of County Recorder,
County of Marin, State of California,as document number 97-053070 on September 23, 1997.
The Agreement provides in part that Owner leases to Sprint a portion of certain real property owned by Owner and located at
1505 Tiburon Blvd, Town of Tiburon, County of Marin, State of California, ("Property")for the purpose of installing, operating and
maintaining a communications facility and other improvements. The Property is legally described in Exhibit A attached hereto. The portion of
the Property leased to Sprint together with non-exclusive utility and access easements(the"Site")is further described in the Agreement.
The current five (5) year term of Sprint's lease and tenancy under the Agreement expires on June 24, 2017.The Amendment
provides in part that, commencing on June 25, 2017, the term of this Agreement("New Initial Term") is five (5) years and is subject to
three(3)additional renewal terms of five(5)years each(each a"New Renewal Term")that may be exercised by Sprint.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have executed this Amended Memorandum as of the day and year indicated
below.
OWNER: SPRINT:
The Town of Tiburon Sprint Spectrum Realty Company,LLC,
a Delaware limited liability company
By: By:
(please use blue ink)
Printed Name: Printed Name:
Title: Title:
Date: Date:
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OWNER NOTARY BLOCK:
A Notary Public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of
On before me, (here insert name and title of the officer), personally
appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
Signature (Seal)
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SPRINT NOTARY BLOCK:
A Notary Public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of
On before me, (here insert name and title of the officer), personally
appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
Signature (Seal)
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EXHIBIT A
TO MEMORANDUM OF AMENDMENT
[INSERT LEGAL DESCRIPTION OF PROPERTY]
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