Review Agenda Item
Meeting Date: 12/15/2021 - 3:30 PM
Category: Consent Calendar
Type: Action
Subject: 12.15 BUSINESS: Fifth Amendment to the Ground Lease Agreement With NCWPCS MPL 22 - Year Sites Tower Holdings LLC (revenue)
Strategic Plan:
Enclosure
File Attachment:
Crown Castle_Fifth Amendment to Ground Lease.pdf
Memorandum of Fifth Amendment.GroundLease.Crown Cstle.pdf
Summary: The Perris Union High School District (“PUHSD”) entered into a Ground Lease Agreement (“Original Lease”) on October 1, 1991, with Los Angeles Cellular Telephone Company (“Original Tenant”). The Board approved the First Amendment to the Original Lease on March 6, 1995, the Second Amendment on October 10, 1997, the Third Amendment on July 15, 1999, and the Fourth Amendment on August 9, 2005, extending the initial term of the Original Lease. The Fourth Amendment provided five (5) extensions of sixty (60) months each beyond the initial term. According to the Lease, the final extension expires on August 31, 2035.

NCWPCS MPL 22 - Year Site Tower Holdings LLC (“Tenant”) is currently the tenant under the Lease as successor in interest to the Original Tenant. The premises in the District’s property may be used to construct, maintain, and operate a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures, and uses incidental thereto.

Prior to approval of this Fifth Amendment, the current monthly Lease Rental payment paid to the District is $2,397.52. This Fifth Amendment would expand the existing premises to include a forty-eight (48) square foot parcel of real property adjacent to the existing premises. In consideration of this additional space, the tenant shall pay PUHSD an additional $400 per month. Commencing on September 1, 2028, the rent shall increase by 2.8% of the additional rent annually. Additionally, PUHSD shall receive a one-time signing bonus of $2,500. All other Lease terms will remain the same.

The term of this Fifth Amendment shall commence upon Board approval and installation of improvements within the additional area through August 31, 2035.
Funding: The budget will be adjusted to reflect this revenue.
Recommendation: It is recommended that the Board of Trustees approve the Fifth Amendment to the Ground Lease Agreement with NCWPCS MPL 22 - Year Sites Tower Holdings LLC.
Approvals:
Recommended By:
Signed By:
Sylvia Hinojosa - Director - Purchasing
Signed By:
Candace Reines - Deputy Superintendent
Signed By:
Grant Bennett - Superintendent
Vote Results:

Original Motion
Member Dr. Randall Freeman Moved, Member Dr. Jose Luis Araux seconded to approve the Original motion 'It is recommended that the Board of Trustees approve the Fifth Amendment to the Ground Lease Agreement with NCWPCS MPL 22 - Year Sites Tower Holdings LLC.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion Carried 5 - 0
   
Dr. Randall Freeman     Yes
Elizabeth Vallejo     Yes
Dr. Jose Luis Araux     Yes
Anthony T. Stafford, Sr.     Yes
David Nelissen     Yes