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  Consent Agenda Item     5. A.    
Regular BOS Meeting
Meeting Date: 07/05/2022  
Submitted For: Steve Sanders Submitted By: Shannon Coons, Fiscal Services Manager
Department: Public Works Division: Engineering

Information
Request/Subject
Approvals of First Amendment to Ground Lease Agreement and Memorandum of First Amendment to Ground Lease Agreement with CCATT LLC, Crown Castle, Attorney in Fact to NCWPCS MPL 24 YEAR SITES TOWER HOLDINGS LLC
Background Information
On June 5, 2022, Gila County leased property in Punkin Center to NCWPCS MPL 24-YEAR SITES TOWER HOLDINGS LLC, by and through Attorney in Fact, CCATT LLC for cellular service. The lease term was 5 years commencing June 5, 2018, and terminating June 4, 2023. The lease held four (4) extensions of five (5) years through June 4, 2043.
Evaluation
The Build Grant 2020 for the Tonto Creek Bridge will be using this site and Gila County has been in negotiations with Crown Castle to remove the tower. This First Amendment to the lease will be the instrument to help the project move forward with the bridge construction.
Conclusion
In order for the bridge project to move forward, the cellular tower and all of the equipment must be removed. Gila County's target date for tower removal is September 30, 2022, for construction to stay on track.
Recommendation
Gila County Public Works Department Director recommends the Board execute both the Memorandum of First Amendment to the Ground Lease Agreement and the First Amendment to Ground Lease Agreement so the lease can be extinguished upon the tower removal.
Suggested Motion
Approval of the NCWPCS MPL 24-YEAR SITES TOWER HOLDINGS LLC through its Attorney in Fact, CCATT LLC, Lessee the Memorandum of First Amendment to Ground Lease Agreement and the First Amendment to Ground Lease Agreement so the lease can be extinguished upon the tower removal.

Attachments
First Amendment to Ground Lease
Memorandum of First Amendment to Ground Lease
Original Ground Lease Agreement 2018
Original Memorandum 6-5-2018

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