LIVERMORE CITY OF (DOOLAN) - Laserfiche WebLink

SECOND EXTENSION CELL SITE LEASE BETWEEN THE CITY OF LIVERMORE AND NEW CINGULAR WIRELESS PCS, LLC This Second Extension is entered into this 8th day of December, 2008, by and between the City of Livermore ("City"), a municipal corporation, having its principal place of business at 1052 South Livermore Avenue, Livermore, CA 94550, the City of Pleasanton ("Pleasanton"), a municipal corporation, having its principal place of business at 123 Main Street, Pleasanton, CA 94566, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, a foreign limited liability company registered in the State of California and having its principal place of business at 9860 Mesa Rim Road, San Diego, CA 92121("Cingular"). On October 5, 1995, Bay Area Cellular Telephone Company ("BACTC") and City entered into a five-year lease for space on an antenna tower and ground space adjacent to the antenna for the placement of telecommunications equipment on the property located at 3801 Doolan Road ("Lease Agreement"). Recorded 3/13/1996 Series# 96-062370 - Alameda County Recorder. Section 4 of the Lease Agreement grants BACTC the "right to extend its tenancy beyond the initial term for two additional successive optional extension terms of five (5) years each." Section 14 of the Lease Agreement also requires BACTC to give City written notice of its intent to exercise an option to extend not less than 60 days before the expiration of the initial term or any extended term. The term of the Lease Agreement was to expire on October 5, 2000. On October 23, 2000, City and BACTC entered into an Amendment to the Lease Agreement whereby BACTC exercised the first of its two optional extension terms ("First Extension"). Recorded 12/7/2000 Series# 2000358650 - Alameda County Recorder. The term of the First Extension was set to expire on October 5, 2005. Section 21 of the Lease Agreement allowed BACTC to assign the Lease Agreement, without City's consent, to any entity resulting from a merger with BACTC or any person or entity which acquires all of the assets of BACTC as a going concern, provided the acquiring person or entity agrees to comply with all the terms and conditions of the Lease Agreement in the same manner as BACTC. Thereafter, AT&T Wireless Services ("AT&T Wireless") acquired all of BACTC assets as a going concern and became BACTC's successor in interest to the Lease Agreement. Thereafter, Cingular merged with AT&T Wireless and became BACTC's successor in interest to the Lease Agreement. On September 15, 2005, Cingular gave written notice to City of its intention to exercise the second and final of its two extension terms. The parties desire to enter into this Agreement to acknowledge Cingular's exercise of its second and final option to extend the Lease Agreement through October 5, 2010. In addition, the parties desire to memorialize the amount of the base rent during the term of the final extension, adjusted consistent with Section 3 of the Lease Agreement, identify the enhanced security requirements for access to the leased areas, and update the notice provisions.