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Pojoaque board tables Vertical Bridge lease amendment after legal questions
Summary
Vertical Bridge proposed three options to amend a lease for a middle-school repeater; board members questioned whether the company lawfully assumed Verizon's contract and asked legal counsel to clean up transfer language; the board voted to table the matter for further negotiation and review.
Superintendent Dr. Chanel Saburant briefed the board on a request from Vertical Bridge to amend the district's lease for a radio repeater located at the middle school. She said Vertical Bridge has told the district it is re-evaluating tower and repeater leases because market pressures make some sites less profitable.
Vertical Bridge presented three amendment proposals (as summarized by the superintendent and district staff): option 1 would set monthly rent at $1,800 with a 10% escalation every five years; option 2 would set monthly rent at $1,900 with an 8% escalation; option 3 would provide an upfront lump sum of $46,800 covering the first two years and then a lower monthly rent commencing in 2028 with a 4% escalation. The district's business office recommended option 1 if the board wished to proceed with an amendment.
Board members raised two concerns. Vice President Morant and others asked for written confirmation that Vertical Bridge lawfully assumed the prior Verizon contract and for clearer transfer language; Member Luhan said the original Verizon contract language may require board approval before any transfer or change in management. Member Luhan and Vice President Morant also questioned the proposed escalation rates and suggested the district seek a rate closer to market norms (board members cited typical escalations around 3%–5%).
Member Morant moved to table the lease amendment and asked the superintendent to work with legal counsel and Vertical Bridge on revised language and alternative terms; the board seconded the motion and voted to table. President Cusack recorded the motion as carried.
Context and next steps: board members said they want legal counsel to confirm whether the Verizon-to-Vertical Bridge transfer was authorized under the prior contract, to confirm who has been paying the district since the transfer and to present counterproposal language. The board will revisit the item after legal review and further negotiation.
