HomeMy WebLinkAboutT-Mobile - Cell Tower at PDRESOLUTION AUGUST 26, 2003 V - 545
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Horton to execute a lease with T-mobile for use of one of a portion of one
of the towers at the police station such lease subject to Town Attorney approval.
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MESSAGE
T-MOBILE USA, INC.
21 Keyland Court, Bohemia, NY 11716
(631) -218-5612
Fax: (631)-218-9484
August 18, 2003
Chief Carlisle Cochran Jr.
Peconic Police Station
Town of Southold
41405 Highway 25
Peconic, NY 11958
RE: T-Mobile Wireless Facility LI 13281
Dear Chief Cochan,
Thank you for taking the time to discuss the opportunity to lease space at the
Peconic Police Station located at 41405 Highway 25. On behalf of T-Mobile, please
allow me to make the following proposal of the basic business terms and conditions
that may be incorporated into a final lease agreement. In the event that you do not
have a Lease I have enclosed a T-Mobile Tower Lease Form for your consideration.
PREMISES: Approximately 300 square feet of ground space
OPTION TERM: A payment of one thousand dollars ($1000.00) shall
be a fee granting T-Mobile an initial option term of
twelve (12) months. The option period may be
extended by T-Mobile for an additional twelve (12)
months upon written notice to Landlord and payment
of the sum of one thousand dollars ($1000.00) at any
time prior to the end of the option period.
LEASE TERM: Initial term to be five (5) years, plus five (5)
consecutive options to renew for five (5) years each,
for a total potential of thirty (30) years.
~pUG 19 2003
Chief Carlisle Cochran Jr.
August 18, 2003
Page 2
RENT: The Base annual rent rate shall be Twenty Four
thousand dollars ($24,00.00) per year, paid monthly
at two thousand dollars ($2000.00) per month.
RENEWAL INCREASE: Rent shall be increased by fifteen (15%) of the
preceding term's rent.
ACCESS: Lessee requires 24-hour, year round access to the
Premises for purpose of regular and emergency
maintenance, testing and repair.
OTHER: Any final lease is subject to radio test results and all
governmental approvals. Owner acknowledges that a
title search and environmental study shall be at
Lessee's expense and authorizes T-Mobile to apply
for governmental zoning applications and building
permits. This permission does not grant any other
rights.
This letter is not contractual in nature and only represents the pertinent business
points upon which the parties are willing to enter into a lease agreement. Only a
fully executed Lease between the parties shall constitute a binding and
enforceable agreement.
Please review and sign below where indicated. If you have any questions or
concerns please do not hesitate to contact me at (503) 860-7048.
Sincerely,
~----i/
Ivan Stewa
Site Acquisition Consultant
AGREED:
Landlord's Signature
Dated:
TOWER LEASE WITH OPTION
THIS TOWER LEASE WITH OPTION (this "Lease") is by and between <Landlord Name><and><2nd Landlord, if
any> ("Landlord") and Omnipoint Facilities Network 2, LLC, a Limited Liability Company("Tenant").
1. Option [o Lease
(a) [n consideration of the payment of one thousand and no/100 dollars ($1000.00) ([he "Option Fee') by Tenant to
Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached
Exhibit A (the "Property"), together with the right to use the tower located thereon ("Tower") on the tents and conditions set
forth herein (the "Option"). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date (as
defined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional twelve (12) months upon
written notice [o Landlord and payment of the sum of one thousand and no/I00 dollars ($1000.00) ("Additional Option Fee") at
any time prior to the end of the Option Period.
(b) During the Option Period and any extension thereof, and during the term of this Lease, Landlord agrees [o
cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the
Premises (as defined below) from all applicable govemmen[ and/or regulatory entities (including, without limitation, zoning and
land use authorities, and the Federal Communication Commission ("FCC") ("Governmental Approvals"), including appointing
Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no
cost [o Landlord, to obtain a title report, zoning approvals and variances, land-use permits, and Landlord expressly grants to
Tenant a right of access to the Property [o perform surveys, soils tests, and other engineering procedures or environmental
investigations on the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's
engineering specifications, system design, operations and Governmental Approvals. Notwithstanding the foregoing, Tenant may
not change [he zoning classification of the Property without first obtaining Landlord's written consent. During the Option
Period and any extension thereof, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and
permits or authorizations [hat relate to other property. During the Option Period and any extension thereof, Tenant may exercise
[he Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof.
(c) If Tenant exercises the Option, then, subject [o the following terms and conditions, Landlord hereby leases to
Tenant the use of that portion of the Tower and Property, together with easements for access and utilities, generally described and
depicted in the attached Exhibit B (collectively refered [o hereinafter as the "Premises"). The Premises, located at <Site
Address, <Site City/County/State/Zip>, comprises approximately 300 square feet. Tenant's location on the Tower shall be at
(TBD) feet above ground level.
2. Term. The initial term of the Lease shall be five (5) years commencing on the date of exercise of the Option (the
"Commencement Date"), and terminating at midnight on the last day of the initial term (the "Initial Term").
3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication
signals and for the constmc[ioq installation, operation, maintenance, repair, removal or replacement of related facilities, tower
and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities.
4. Rent. Tenant shall pay Landlord, as rent, two thousand and no/100 dollars ($2000.00) per month ("Rent"). Rent
shall be payable within twenty (20) days following the Commencement Date prorated for the remainder of the month in which
the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each month [o <Pavee
(i.e. to whom is rent check made out~l > a[ Landlord's address specified in Section 12 below. If [his Lease is terminated at a time
other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason (other than a default by
Tenant) and all prepaid Rent shall be immediately refunded to Tenant.
5. Renewal. Tenant shall have the right to extend this Lease for five (5) additional, five-year terms (each a "Renewal
Tenn"). Each Renewal Term shall be on the same terms and conditions as se[ forth herein. This Lease shall automatically renew
for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at
least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of [he
Premises a[ the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a
month-to-month tenancy under the same terms and conditions of this Lease.
6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by
Landlord or lessees or licensees of Landlord, with rights in the Property prior in time [o Tenant's (subject to Tenant's rights under
this Lease, including, without limitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its
lessees, licensees, employees, invitees or agents to use, any portion of the Property 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
Site Number <Site Numbers I Version l0d-Ol
Site Name: <Site Name>
Markel <Marken
notice from the other, be responsible for terminating said interference. In the even[ any such interference does not cease
promptly, [he 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 a court action to enjoin such
interference or [o terminate this Lease immediately upon written notice.
7. Improvements; Utilities: Access.
(a) Tenon[ shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property
and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving
antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location
based system, including, without limitation, antenna(s), coaxial cable, base units and other associated equipment (collectively,
the "Antenna Facilities"), as such location based system may be required by any county, state or federal agency/department.
Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of
this Lease. Tenant shall cause all construction to occur Tien-free and in compliance with all applicable laws and ordinances.
Landlord acknowledges that it shall not interfere with any aspects of construction, including, without limitation, attempting to
direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as
defined below) ("Constmction Interference"). Landlord further acknowledges that it will be responsible for any costs and
damages (including, fines and penalties) that are directly attributable to Landlord's Construction Interference. The Antenna
Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove [he Antenna Facilities at any time
during and upon the expim[ion or termination of this Lease.
(b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities,
including, without limitation, the construction of a fence.
(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property
in commercially reasonable condition and repair during the term of this Lease, normal weaz and tear and casualty excepted.
Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear
and tear and casualty excepted.
(d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the
Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable
efforts in assisting Tenant [o acquire necessary utility service. Tenant shall, wherever practicable, install sepazate meters for
utilities used on the Property by Tenant. In the event separate meters aze not installed, Tenant shall pay the periodic charges for
all utilities attributable to Tenant's use. Landlord shall diligently correct any variation, interruption or failure of utility service.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an Easements in, under and
across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the
Premises adequate [o install and maintain utilities, which include, but are not limited to, the installation of power and telephone
service cable, and [o service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any
Renewal Term (collectively, the "Easements"). The Easements provided hereunder shall have the same term as [his Lease.
(t) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises ("Access") at all times during the Initial
Term of this Lease and any Renewal Term. In the event Landlord, its employees or agents impede or deny Access [o Tenant, its
employees or agents, Tenant shall, without waiving any other rights [hat i[ may have at law or in equity, deduct from Rent
amounts due under this Lease an amount equal to five hundred and no/100 Dollars ($500.00) per day for each day that Access is
impeded or denied.
8. Termination. Except as otherwise provided herein, [his Lease may be terminated, without any penalty or further
liability as follows:
(a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under
[his Lease within that thirty (30) day period;
(b) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior
to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits
or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to [he
installation and/or operation of the Antenna Facilities or Tenant's business;
(c) upon ninety (90) days' written notice by Tenant if [he Property or the Antenna Facilities are, or become
unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to
which the Antenna Facilities belong;
Site Number: <Site Number> 2 Version 10.2-0I
Site Name: <$ite Name>
Markel <Markeb
(d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as
in Tenant's reasonable judgment [o substantially and adversely affect the effective use of the Antenna Facilities. In such event,
all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the
reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises
and/or [he Antenna Facilities are restored to the condition existing immediately prior to such damage or destmction; or
(e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the
Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each
be entitled [o pursue their own separate awards with respect [o such taking. Sale of all or part of the Property [o a purchaser with
the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation.
9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any
other rights gmn[ed to it a[ law or in equity, each party shall have [he right, but not the obligation, to terminate this Lease on
written notice pursuant to Section 12 hereof, to take effect immediately, if the other party (i) fails to perform any covenant for a
period of thirty (30) days after receipt of written notice thereof to cure or (ii) commits a material breach of this Lease and fails to
diligently pursue such cure to its completion after sixty (60) days' written notice to the defaulting party.
10. Takes. Landlord shall pay when due all real property [axes for the Properly, including the Premises. In the event
[ha[ Landlord fails [o pay any such real property taxes or other fees and assessments, Tenon[ shall have the right, but no[ the
obligation, [o pay such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding [he foregoing,
Tenant shall pay any personal property tax, real property tax or any other tax or fee which are directly attributable to the presence
or installation of Tenant's Antenna Facilities, only for so long as this Lease has not expired of its own terms or is not terminated
by either party. Landlord hereby grants to Tenant the right to challenge, whether in a Court, Administrative Proceeding, or other
venue, on behalf of Landlord and/or Tenant, any personal property or real property tax assessments [hat may affect Tenant. If
Landlord receives notice of any personal property or real property tax assessment against the Landlord, which may affect Tenant
and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient [o
allow Tenant to consent [o or challenge such assessment. Further, Landlord shall provide to Tenant any and all documentation
associated with the assessment and shall execute any and all documents reasonably necessary to effectuate [he intent of this
Section 10. In the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant
shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) days' written notice to
Landlord, provided Tenant pays any real property taxes assessed as provided herein.
1 I. Insurance and Subrogation and Indemnification.
(a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of One Million and no/100
Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of
liability insurance Tenant may maintain.
(b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive
all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for
all perils insured thereunder. In the even[ of such insured loss, neither party's insurance company shall have a subrogated claim
against the other. To the extent loss or damage is not covered by their first party property insurance policies, Landlord and
Tenant each agree to indemnify and hold harmless the other party from and against any and all claims, damages, cost and
expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or
willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors,
licensees, tenants and/or subtenants of the indemnifying party, or (b) a breach of any obligation of the indemnifying party under
this Lease. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental or consequential
damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone
claiming through the indemnified party. The indemnifying party's obligations under [his section are contingent upon (i) its
receiving prompt written notice of any event giving rise to an obligation to indemnifying the other party and (ii) the indemnified
party's granting it the right to control the defense and settlement of the same. Notwithstanding anything to the contrary in this
Lease, the parties hereby confirm that the provisions of this section shall survive the expiration or termination of this Lease.
Tenant shall not be responsible to Landlord, or any third-party, for any claims, costs or damages (including, fines and penalties)
attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property.
12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3)
days after deposit in [he U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent bynext-business-day
delivery via a nationally recognized overnight courier to the addresses se[ forth below. Landlord or Tenant may from time to
time designate any other address for [his purpose by providing written notice to the other party.
Site Nwnber: <Site Number> 3 Version 10-2-O1
Site Name: <Site Name>
Markel: <Markeb
If to Tenant. to:
Voicestream Wireless Corporation
12920 SE 38`b Street
Bellevue, WA 98006
Attn: PCS Lease Administrator
W ith a copy to: Attn: Legal Dept.
If [o Landlord. to:
<Landlord Name>
<LLMailingAddress>
With a coov to:
Omnipoint Facilities Network 2, LLC
4 Sylvan Way
Parsippany, New Jersey 07054
Atm: Lease Administration Manager
W ith a coov [o:
<Name and Additional Mailing Address>
13. Ouiet Eniovment. Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right,
power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property and the Tower free and clear of
any liens or mortgages, except [hose disclosed to Tenant and which will not interfere with Tenanfs rights to or use of the
Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of
any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease,
Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any
applicable grace or cure period.
14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste
(collectively, "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazazdous Substance on the
Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
remedia[ion as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused
solely by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold
harmless the other from and against any and all administrative and judicial actions and mlings, claims, causes of action, demands
and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,
judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any
Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any
Hazardous Substance into the environment (collectively, "Actions"), that relate to or azise from the indemnitor's activities on the
Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property
not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term of this Lease. The
indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall
survive the termination or expiration of this Lease.
15. Assianmen[ and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the
Easements (as defined above) to any person or business entity which is authorized pursuant to and FCC licensed to, operate a
wireless communications business, is a parent, subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or
purchases more than fifty percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the "Metropolitan
Trading Area" or "Basic Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such
assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for
performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord.
Tenant may otherwise assign [his Lease upon written approval of Landlord, which approval shall not be unreasonably delayed,
withheld, conditioned or denied.
Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna
Facilities, and may assign this Lease and the Antenna Facilities [o any mortgagees or holders of security interests, including their
successors or assigns (collectively "Mortgagees"), provided such Mortgagees agree to be bound by the terms and provisions of
this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by
Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give
Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the
Premises, except that [he cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice,
as provided in Section 9 of this Lease. All such notices [o Mortgagees shall be sent to Mortgagees at the address specified by
Tenant. Failure by Landlord to give Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall
preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the
Premises as provided in Section 17 of this Lease.
16. Successors and Assiens. This Lease and the Easements granted herein shall run with the land, and shall be binding
upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
Site Number <Site Number> 4 Version 104-01
Site Name: <Site Nump>
Mazke[ <Marken
11. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise,
concerning the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of [his Lease,
whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees
the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in
Tenant's and/or Mortgagee's sole discretion and without Landlord's consent.
18. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court
costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within twenty (20) days after request, such trnthful estoppel information as
the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the parties, and supercedes all offers, negotiations
and other agreements, with respect to the subject matter and property covered by this Lease.
(d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in
substantially the form attached hereto as Exhibit C necessary to protect its rights or use of the Premises. The Memorandum of
Lease may be recorded in place of this Lease, by either party. [n the event the Property is encumbered by a mortgage or deed of
trust, Landlord agrees, upon request of Tenant, to obtain and famish [o Tenant anon-disturbance and attomment agreement for
each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest
in the Premises. Landlord agrees to execute such documents as [he title company may require in connection [herewith.
(e) This Lease shall be construed in accordance with the laws of the state in which the Property is located.
(f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this
Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they
shall be deemed modified to the extent necessary to make them enforceable. Any questions of particulaz interpretation shall not
be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this Lease will be
deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by
delay or any other act or omission of either party. No waiver by either party of any provision of [his Lease shall be deemed a
waiver of such provision with respect to any subsequent matter relating to such provision.
(g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease
in [heir individual or representative capacity as indicated.
(h) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all
of which together shall constitute a single instrument.
(i) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand
and acknowledge that Exhibit A (the legal description of the Property) and Exhibit B (the Premises location within the Property),
may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the
preparation of final, more complete exhibits, Exhibits A, and/or B, as [he case may be, which may have been attached hereto in
preliminary form, may be replaced by Tenant with such final, more complete exhibit(s). The terms of aII Exhibits arc
incorporated herein for all purposes.
Q) If Landlord is represented by any broker or any other leasing agent, Landlord is responsible for all commission fee
or other payment [o such agent, and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone
claiming through such broker. If Tenant is represented by any broker or any other leasing agent, Tenant is responsible for all
commission fee or other payment to such agent, and agrees to indemnify and hold Landlord harmless from all claims by such
broker or anyone claiming through such broker.
The effective date of this Lease is the date of execution by the last party to sign (the "Effective Date").
LANDLORD: <Landlord Name>
By:
Printed Name:
Its:
Date:
Site Nnmber: <Site Number> 5 Version 70-2A1
Site Name: <Site Namv
Markel <M>rrken
LANDLORD: Qnd Landlord, if any>
By:
Printed Name:
Its:
Date:
TENANT: Omnipoint Facilities Network 2, LLC
By: Omnipoint Communications, Inc., it's Agent
By:
Printed Name: Roni Zola
Its: Development Director
Date:
Approved as to form
Site Numbm: <Site Number> ( Version 10-2-01
Site Name: <Site Nsmo
Market <Marken
ADDENDUM TO SITE LEASE WITH OPTION
]Additional Terms]
In the event of conflict or inconsistency between the terms of this Addendum and this Lease, the terms of the Addendum shall
govern and control. All capitalized terms shall have the same meaning as in this Lease.
NONE.
LANDLORD: <Landlord Name>
By:
Printed Name:
@s:
Dale:
LANDLORD: <2nd Landlord, if any>
By:
Printed Name:
Its:
Date:
TENANT: Omnipoint Facilities Network 2, LLC
By: Omnipoint Communications, Inc., it's Agent
By:
Printed Name: Joseph M. Walsh
Its: Technical Director
Date:
Site Number: c5ite Numbers ~ Version 10-2-O1
Site Name: cSite Namo
Market. <Market>
EXHIBIT A
Legal Description
The Property is legally described as follows:
Site Number: <Sih Numbers Version lOd-01
$ile Name: <Sih Nsme>
Market: <Markeh
EXHIBIT B
The location of the Premises within the Property (together with access and utilities)
is more particularly described and depicted as follows:
Sile Number GSite Numbm Version 10-2-0I
Site Name: c5ite Neme>
Markel: <Markev
EXHIBIT C
Memorandum
of
Lease
Site Number. <Site Number Version 10-2-01
Site Name: <Sirc Namo
Market: <Marlceb
Memorandum of Lease
Assessor's Parcel Number: <pssessor's Tax Parcel Number>
Between <Landlord Name><and><2nd Landlord, if any> ("Landlord")
and Omnipoint Facilities Network 2, LLC ("Tenant")
A Tower Lease with Option (the "Lease") by and between <Landlord Name><andx2nd Landlord, if any>
("Landlord") and Omnipoint Facilities Network 2, LLC, a Limited Liability Company ("Tenant") was made regarding a portion
of following the properly:
See Attached Exhibit "A" incorporated herein for all purposes
The Option is for a term of O months after the Effective Date of the Lease (as defined under [he Lease), with up to one
additional Q month renewal ("Optional Period").
The Lease is for a term of five (5) years and will commence on the date as set forth in [he Lease (the "Commencement
Date"). Tenant shall have the right to extend this Lease for five (5) additional five-year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of
the last party to sign.
LANDLORD: <Landlord Name>
By:
Printed Name:
Its:
Dale:
LANDLORD: Qnd Landlord, if any>
By:
Printed Name:
Its:
Date:
TENANT: Omnipoint Facilities Network 2, LLC
By: Omnipoin[ Communications, Inc., it's Agent
By:
Printed Name:
Its:
Date:
Sile Number: cSite Number> Version 10-2-01
Sile Name: <.Site Name>
Markel: <Markeb
/Notary block jor Landlord)
/Notary block jor Corporation, Partnership, Limited Liability Company/
STATE OF )
ss.
COUNTY OF )
This inswment was acknowledged before me on
of
Dated:
by [title]
[type of entity], on behalf of
[name of entity].
Notary Public
Print Name
My commission expires
space for notary stamp/seal)
/Notary block jor /ndividaalJ
STATE OF )
ss.
COUNTY OF )
This instrument was acknowledged
Dated:
(Use [his space for notary
before me on
Notary Public
Print Name
My commission expires
/Notary block jar Tenant)
STATE OF
ss.
COUNTY OF )
I certify that 1 know or have satisfactory evidence that Joseph M. Walsh is [he person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
Site Number: <Site Numbers Version 10-2-01
Sile Name: <Site Namo
Market: <Marken
by
the instrument and acknowledged it as the Technical Director of Omnipoint Facilities Network 2, LLC, a Limited Liability
Company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Da[ed:
(Use this space for notary stamp/seal)
Notary Public
Print Name
My commission expires
Site Number: <Site Numbers Version 10-2-01
Sile Name: <$ite Namv
Markel: <Markeb
Memorandum of Lease EXHIBIT A
Legal Description
The Property is legally described as follows:
Site Number <Site Numbers Version 10-2-01
Site Name: <Site Namv
Markq: <Marken