Commission postpones vote on Verizon lease amendment after noncompete concerns

Sweetwater County commissioners on Aug. 19 postponed action on a proposed first amendment to a land-lease agreement with a wireless tenant (ComNet Cellular doing business as Verizon Wireless, with American Tower identified as agent). The amendment would have added 255 square feet to an existing pad, updated an escalator and extended term language through an additional five-year renewal.

Public Works staff explained the amendment combined two prior documents and included an escalator adjustment, an addition of 255 square feet, and an extra five-year term. County counsel and staff reviewed proprietary terms but did not provide item-by-item financial detail in public meeting discussion.

Commissioner Richards read paragraph 6 (a noncompete provision) and raised a substantive concern: the clause could bar the county from leasing other portions of the same parent parcel (the fairgrounds/event complex) to other telecommunication tenants without the lessee’s permission. Staff and counsel said a termination clause exists and that the noncompete language had been present in the original agreement, but Commissioners asked for clarification and worried a half-square-mile parent parcel should not be restricted from future leases on separate subparcels.

Because the board wanted to confirm the intended scope of the noncompete language and reconcile references to American Tower, Verizon/ComNet, and agent authority, Commissioner Richards moved to postpone the amendment for clarification. Commissioner Jones seconded and the postponement carried unanimously. Staff noted a check from the lessee was being held and the county will seek clarifications before bringing the amendment back for action.