HomeMy WebLinkAboutLease L-518 - Tower Space Lease - Fire Station 3 - Washington St S D �- 518
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TF—Fire Station#3
TOWER SPACE LEASE—FIRE STATION#3
This Lease is made and entered into the 22nd day of September 2000, by and between the
City of Twin Falls, Idaho, 321 Second Avenue East,Twin Falls, Idaho, 83303-1907, hereinafter
referred to as"Landlord", and NewCom Wireless,LLC, Attention: Eric Anderson, 600 SW
Columbia, Suite 3-2-H,Bend, Oregon 97702 ("Tenant").
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�~ WHEREAS, Landlord owns and maintains a communications tower (the"Tower")
located upon a parcel of land(the"Premises") located at 911 Washington Street South, Twin
Falls,Idaho; (See Exhibit A attached hereto) and
WHEREAS, Tenant desires to occupy, and Landlord is willing to provide, attachment
locations upon the Tower for Tenant's transmission and receipt of radio-telephone and other
electrical signals.
NOW, THEREFORE, in consideration of the mutual promises, conditions, and other
good and valuable consideration of the parties hereto, it is covenanted and agreed as follows:
1. Demise of Premises. Landlord hereby lets and demises unto Tenant, and Tenant
hereby receives and accepts from Landlord,the following described Premises (the"Premises"):
(a) Attachment locations upon the Tower for the placement and affixing of up to three
(3), seventy-two inches (72")high,twelve inches(12") wide and three inches(3") deep
panel antennas, at ninety feet(90') above ground level(AGL),two (2)two foot(2')
microwave dishes at a height above the ground clutter, all devices shall be oriented in
such directions as shall be in accordance with Tenant's needs. Additionally, Tenant shall
be permitted to add equipment as necessary subject to existing attached devices and the
limitations of the Tower.
(b) Tenant shall, at Tenant's sole expense,provided and install one (90') monopole
(antenna support structure) at the communication site. The antenna support structure
shall be engineered for three tenants;NewCom Wireless,LLC,the City of Twin Falls,
and one additional tenant. The antenna support structure shall be the property of the City
of Twin Falls. Landlord stipulates that the tower capacity will be determined by the
loading requirements of the tenants.
(c) Tenant will, at Tenant's sole expense,install the Landlord's antenna equipment on the
antenna support structure upon completion of construction. Landlord will be responsible
for installation of any additional equipment. Landlord will be responsible for the
maintenance of all their equipment.
(d) Tenant will also be allowed to place an 8' x 14.5' Equipment Shelter near the selected
antenna support structure on Tenant's ` "pp Leasehold Parcel, as described in Exhibit B . The
Tenant shall connect to and receive power from Landlord's power source on the same
terms as outlined below in Paragraph 8.
(e) Landlord will be provided rack space in the Tenant's Equipment Shelter for two (2)
network bridges, or the equivalent of one-half of a 19 inch rack.
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2. Privileges. Landlord hereby confers upon Tenant the following described privileges
appurtenant to the Premises,which shall be irrevocable for the duration hereof
(a) To place and affix lines for signal carriage between Tenant's Building and Tenant's
antennas upon the Tower, including both the privilege and the obligation to install a
suitable line bridge structure;
(b) To extend and connect lines for utility services between Tenant's Building and utility
company service connection points located at the Premises;
(c) To travel between the Premises and the public road over routes which Landlord is
entitled to use.
(d) To traverse common areas of the Premises reasonably necessary to accomplish
Tenant's purposes and contemplated herein.
3. Use of Premises. Tenant shall be entitled to use the Premises to install, operate, and
maintain thereon antennas and related equipment for the transmission and receipt of radio-
telephone and other electrical signals, but for no other use or purpose. Tenant's use of the
Premises shall at all times comply with and conform to all laws and regulations applicable
thereto, and shall be subject to Landlord's review and approval regarding Tenant's placement of
antennas and lines upon the Tower, and all other matters which Landlord deems, in Landlord's
reasonable opinion,to affect Landlord's own operations or interests. The cost of establishing
Tenant's base station at the Premises, including the cost of improving the delivery of utility
services to the Premises or making any necessary or desirable alterations to the Tower to
accommodate Tenant's antennas, lines, and operations, shall borne exclusively by Tenant.
Landlord agrees to exercise the utmost restraint in rescinding its approval once given for any
portion of Tenant's installation, and to refrain from requiring Tenant to undertake later
modifications to Tenant's base station without sharing the cost thereof.
4. Initial Term. The initial term of this Lease shall commence on October 1, 2000, and
shall expire seven(7) years thereafter on September 30, 2007.
5. Renewal. This Lease shall automatically renew and extend for up to four(4)
additional terms of five(5)years each, as the same shall coincide with, and not exceed,the
duration of Landlord's right to keep the Tower at the Premises, upon a continuation of all the
same provisions hereof, su
bject ct to Tenant's unilateral right of termination as set forth next
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below.
6. Option to Terminate. Tenant shall have the right to terminate this Lease or any
extension thereof at any time upon giving Landlord sixty(60) days written notice by certified
mail to Landlord at the address shown above.
7. Collocation Rent. Tenant shall pay Base Rent to Landlord in the amount of ONE
DOLLAR($1.00)per year, which shall be due when construction begins and then regularly
thereafter on the first day of each year, Landlord shall specify the name, address, and taxpayer
identification number of a sole payee (or a maximum two payees)who shall receive rent on
behalf of the Landlord. Rent will be prorated for any partial year.
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TF—Fire Station# 3
In the eighth(8)year of this agreement the base rent shall be increased to THREE
THOUSAND DOLLARS ($3,000.00)per year.
On every one(1)year anniversary of the commencement date of the term of this lease,
rent shall be increased by three percent(3%); and throughout the duration hereof as renewed and
extended,the rent shall be increased three percent (3%) per year.
8. Utilities. Tenant shall solely and independently be responsible for the separate
metering, billing, and payment of all utility services to be consumed by Tenant's operation;
provided, however,that if Landlord and Tenant shall mutually agree for reasons of convenience
and practicality Tenant shall be permitted to connect to Landlord's existing electric utility
service and to draw power therefrom for Tenant's base station, subject to a duty to reimburse
Landlord for Tenant's share of the cost of power. Landlord shall be entitled to allocate its cost of
delivering electricity among all users thereof on any basis reasonably estimated to reflect their
actual power consumption, and to demand and receive from Tenant such allocated share
attributable to Tenant by periodically presenting Tenant with an invoice therefore, or by
collecting from Tenant a regular monthly contribution toward the cost of power which Landlord
may elect to reconcile to an aggregate share settled by periodic invoice.
9. Taxes. Tenant shall be responsible for taxes levied against Tenant's antennas and
lines, and all of Tenant's base station equipment. Landlord shall be responsible for taxes levied
against the Tower, Landlord's own Building, auxiliary power generator, if any, and Landlord's
base station equipment.
10. Access and Security. Tenant shall have unrestricted access to the Premises and to
Landlord's Tower at all hours of the day and night, without any requirement of supervision by
the Landlord. Tenant's access to the Tower shall be limited to work performed on Tenant's
behalf by a qualified tower services contractor hired at Tenant's sole expense. Landlord and
Tenant mutually covenant to admit only their authorized personnel to the Premises, and only in
furtherance of the specific business purpose of telecommunications. Doors and gazes shall be
kept closed and locked except when required to be open for immediate ingress or egress.
11. Non-Interference. Tenant shall not use the Premises in any way which interferes
with the use of the Premises by Landlord,the provision of services to Landlord's customers, or
the use of the Premises by other tenants or licensees of Landlord. Similarly,Landlord shall not
use,nor shall Landlord permit its tenants, licensees, employees, invitees or agents to use any
portion of the Premises in any way which interferes with the operations of Tenant. Such
interference shall be deemed a material breach by the interfering party who shall, upon written
notice from the other party,be responsible for terminating such interference. In the event any
such interference does not cease promptly,the parties acknowledge that continuing interference
may cause irreparable injury and, therefore, the injured party shall have the right, in addition to
any other rights that it may have at law or in equity, to bring an action to enjoin such interference
and/or to terminate this Lease.
12. Aviation Hazard Marking. Landlord agrees to solely be responsible for full
compliance, at all times, with the Tower marking, lighting, maintenance, inspection,recording,
notification, and registration requirements of the Federal Communications commission and the
Federal Aviation Administration, and to share proof of such compliance with Tenant as Tenant
may reasonably require.
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TF—Fire Station#3
13. Mutual Indemnification. Tenant shall indemnify and hold Landlord harmless from
and against any loss, damage or injury caused by, or on behalf of, or through the fault of the
Tenant, or resulting from Tenant's use of the Premises or its presence at the Premises. Landlord
shall indemnify and hold Tenant harmless from an against any loss, damage or injury caused by,
or on behalf of, or through the fault of the Landlord. Neither party shall be required to hold the
other party harmless against the unwelcome consequences of such other parry's own willful or
negligent conduct.
14. Insurance. Tenant shall continuously maintain in full force and effect a policy of
commercial general liability insurance covering Tenant's work and operations at the Premises.
15. Opportunity to Cure Defaults. If Landlord or Tenant fails to comply with any
provision of this Lease which the other party claims to be a default hereof, the party making such
claim shall serve written notice of such default upon the defaulting party,whereupon a grace
period of 30 days shall commence to run during which the defaulting party shall undertake and
diligently pursue a cure of the default. Such grace period shall automatically be extended for an
additional 30 days, provided the defaulting party makes a good faith showing that efforts toward
a cure are continuing. This Section shall not apply in cases of interference,which instead shall
require immediate and effective curative.
16. Tenant's Separate Property. Landlord hereby agrees that Tenant's base station
equipment, including Tenant's antennas and lines,are and shall remain Tenant's separate
personal property, and that said property shall never be considered fixtures to the real estate.
Tenant shall at all times be authorized to remove Tenant's property from the Premises, free from
any lien of Landlord. Such removal shall be accomplished without damage to the property of
Landlord or third parties, and in accordance with Landlord's management control of the
Premises.
17. Assignment of Tenant's Interest. Tenant's interest under this Lease may be freely
assigned in connection with the transfer of Tenant's FCC authorization to operate a
communications facility at the Premises. Any other assignment of this Lease by Tenant shall
require Landlord's prior written consent,which consent Landlord agrees, shall not unreasonably
be withheld. Furthermore,no assignment shall be effected pursuant to this Section unless Tenant
shall notify Landlord in a writing setting forth the name, address and telephone number of such
assignee.
18. Multiple Users. Tenant shall not sublet the Premises or any portion thereof, or
permit the Premises to become occupied by multiple users purporting to concurrently hold
Tenant's rights and privileges hereunder,without first obtaining Landlord's consent, which
consent shall not be unreasonably withheld.
19. Quiet Enjoyment. Landlord covenants that Tenant shall have quiet and peaceable
use and enjoyment of the Premises throughout the duration of this Lease, and that Landlord will
not intentionally disturb Tenant's possession thereof as long as Tenant is not in default
hereunder.
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TF—Fire Station#3
20. Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall
remove all of Tenant's property from the Premises and surrender the Tower Premises to
Landlord in good condition, reasonable wear and tear excepted.
21. Execution of Other Instruments. Landlord agrees to execute, acknowledge, and
deliver to Tenant other instruments respecting the Premises, as Tenant or Tenant's lender may
reasonably request from time to time,provided that any such instruments are in furtherance of,
and do not substantially expand, Tenant's rights and privileges herein established. Such
instruments may include a memorandum of lease which may be recorded in the country land
records. Landlord also agrees to reasonably cooperate with Tenant's efforts to obtain all private
and public consents related to Tenant's use of the Premises, as long as Landlord is not expected
to bear the financial burden of any such efforts.
22. Attorney's Fees. In any action on this Lease at law or in equity,the prevailing party
shall be entitled to recover the reasonable costs of its successful case, including reasonable
attorney's fees and costs of appeal.
23. Merger and Modifications. This Lease contains the entire agreement of the parties,
and may not be modified except in writing signed by the party against whom such modification
is sought to be enforced.
24. Notices. All notices required or desired to be given under this Lease shall be in
writing and dispatched by certified mail or commercial courier to the party to be served at its
address as follows:
If to Landlord:
City of Twin.Falls
C/o Thomas J. Courtney, City Manager
P.O. Box 1907
Twin Falls, ID 83303-1907
If to Tenant:
NEWCOM WIRELESS,LLC
600 S.W. Columbia, Suite-3210-7Z )6
Bend, Or 97702
or at such other address as such party may previously have advised the other party by notice
similarly given.
24. Bindin Effect. All of the provisions of this Lease shall inure to the benefit of and be
binding upon the parties hereto and their respective successors in interest.
IN WITNESS WHEREOF,the parties hereto bind themselves to this Lease as of the day and
year first above written.
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City of Twin Falls, Idaho NewCom Wireless, LLC
By:_ B .
Y'
Thomas J. Co ey Wic Ande on
City Manager Director of Engineering
City of Twin Falls,Idaho NewCom Wireless, LLC
Social Security# (or FEIN)
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STATE OF
COUNTY OF
I,the undersigned, a notary public in and for the State and County aforesaid, do hereby
certify that Thomas J. Courtney, City manager for the City of Twin Falls,ID, known to me to be
the same person whose name is subscribed to the foregoing Ground Lease, appeared before me
this day in person and severally acknowledged that he signed the said Lease as his free and
voluntary act for the uses and purposes therein stated.
Given under my hand and seal this 'day of 2000. x..�•'' N E •A�'••
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/N ary Public ' ;
PUBLIG
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STATE OF �� � ) ••y'�.;'8 0(% ��;�•'•••
COUNTY OF
I,the undersigned, a notary public in and for the State and County aforesaid, do hereby
certify that Eric Anderson, Director of Engineering for NewCom Wireless,LLC,known to me to
be the same person whose name is subscribed to the foregoing Ground Lease, appeared before
me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease
as his free and voluntary act on behalf of NewCom Wireless,LLC, for the uses and purposes
therein stated.
Given under my hand and seal this dayof\6Cj6 WW--, 2000.
(A
OFFICIAL SEAL Not Public
DIETER TAYLOR
NOTARY PUBLIC-OREGON
COMMISSION NO.336934
MY COMMISSION EXPIRES JULY 27,2004
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Access Easement
New Com Wireless
Twin Falls Fire Station No. 3
Site No. ID-225
A 15.00 foot wide vehicular access easement located in a portion of Lot 12,Block 5,
"HUERTA VISTA SUBDIVISION", recorded in Book 11 of Plats, Page 51, Twin Falls
County,Idaho; being more particularly described by centerline as follows:
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Commencing at the Northeast corner of said Lot 12. Thence North 88°49'47"West
87.91 feet along the North boundary of said Lot 12. Thence South 01°10'13" West 35.68
feet. Thence South 53°26'52" West, 7.50 feet to THE REAL POINT OF BEGINNING
of the centerline of said 15.00 foot wide easement.
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Thence South 36°33'08"East, 41.00 feet,
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Thence South 76°06'57"East, 13.58 feet,
Thence North 51°51'36"East, 14.98 feet,
Thence North 06'17'21"East, 66.46 feet to the ending point of the centerline of said
easement.
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Lease Area
New Com Wireless
Twin Falls Fire Station No. 3
Site No. ID-225
A parcel of land located in a portion of Lots 12 and 13, Block 5, "HUERTA VISTA
SUBDIVISION", recorded in Book 11 of Plats, Page 51, Twin Falls County, Idaho;
being more particularly described as follows:
Commencing at the Northeast corner of said Lot 12. Thence North 88149'47"West
87.91 feet along the North boundary of said Lot 12. Thence South 01°10'13"West 35.68
feet to THE REAL POINT OF BEGINNING.
Thence South 53°26'52"West, 15.00 feet,
Thence North 36°33'08" West, 30.00 feet,
Thence North 53°26'52"East, 10.01 feet,
Thence South 88°49'47"East, 6.31 feet,
Thence South 36°33'08"East, 26.14 feet to THE REAL POINT OF BEGINNING.
Containing approximately 440 S q. Ft.
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Utility Easement
New Com Wireless
Twin Falls Fire Station No. 3
Site No. ID-225
A 12.00 foot wide utility easement located in a portion of Lot 13, Block 5, "HUERTA
VISTA SUBDIVISION", recorded in Book 11 of Plats, Page 51, Twin Falls County,
Idaho; being more particularly described by centerline as follows:
Commencing at the Northeast corner of said Lot 3. Thence North 88°49'47"West 46.00
feet along the North boundary of said Lot 3 to THE REAL POINT OF BEGINNING of
the centerline of said 12.00 foot wide easement.
Thence South 00°29'10"East, 24.87 feet,
Thence North 53°26'52" East, 29.76 feet,
Thence South 36°33'08"East, 13.66 feet to the ending point of the centerline of said
easement.
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Lease Parcel Legal De iption 15 NOD -3aM.8 111 I
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14.5'X 8'L"i"i
A poroal of land located it a portion of Lob 12 and 13,Bock 5, 1fUSUA I DIY I I BUILDING
VISTA SUMMSM,recorded in Book 11 of Pleb.Page 51,Twin Falb a Ic 1 I N 3Ei3 O8 ND8 N
County.Idaho,bairn more particularry desarbed as follows: EGSBNG
Commmrcig at the NwOmat caner of said Lot 12. Thence North BtT49'47' I i I I FIRE STA7M
West 87.91 feet along the North boundary of sold Lot 12. Thence South
O1'1D'13'West 35.68 feet to THE REAL POINT OF BECdMM 3 a'
Thence South 53.2652'West, 15.00 feat I 1
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Thence North 5326$Y Tact 10.01 fast .Epp R/W
Thom South 86.4947'Fart&31 feet,
Tierce Swfh 36'33W Eat 26.14 feet to THE REAL POW OF BMNNING.
Containing oWw*wtdy 440 Sq.FL
Access Easement Legal Description o i I Lot 13
A 15.00 foot wide veleiadar access easernent locaW in a portion of Lot c
12,Back S. 'FIl1QtrA NSM SU13OMSION',recorded in Book 11 of PkY1% I
Pogo 51.Twin Fags County.Idaho:being mars pordculorly dencnbed by II
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Comrnenckg at the Northeast turner all said tat 12 Thence North W49'47- Q Q ———— _B f
West 87.91 feet along the North boundary of add Lat 12 Theme,South
01'10'13'Weal MW feeL Thence South SS26'52'West 7.50 reef to Z
THE REV.POINT OF BEGINNING of the canbr9oe of said 15.DO That wide UI
Thane south 3W3r08•East 41.00 foot v I W
Thence South 761D557'Eat 13.58 feet. Z
Thscro North 51'51'36'East 14.98 feet
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Thence North 06'17'21'Eat 66.46 leaf to the ending point of the Q —
eerdnfm of said em ment
Powerline Easement Legal Description
A 1200 foot wide utility eoewwt located in a portion of tat 13,Beek 5,
'HUFRTA VISTA SUBOM M',recorded In Book 11 of Peb,Page 51,Twin I
Falls County,
mow:being rr+�Particularly described by centx9n,a I
Commncfng at the Northeast comer of mid Lot 3. Th—North W4947'
West 46.00 feat clan the North baurdmy of said Lot 3 to THE REV.PQ'Nf
{{J OF INNING of the c.4.5 a of soil 12.00 foot wide easernsuL
Thence South 00'29.10'Eat 24.87 feet,
Thence North 53'26'5Y East 29.76 feet
Thence south MOW Fast 13.66 fief to the ondkn point of the
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