HomeMy WebLinkAboutFidelity Towers Inc-3/26/2012FIRST AMENDMENT TO OPTION AND LAND LEASE AGREEMENT
This First Amendment to Option and Land Lease Agreement (the "Amendment") is
entered into as of Akrk kat (oj , 2012, by and between the City of Waterloo, Iowa, acting by
and through its Leisure Services Commission, formerly known as the Board of Park
Commissioners ("Owner") and Fidelity Towers Inc., a Nevada corporation ("Tenant").
RECITALS
A. Owner and Tenant are parties to a certain Option and Land Lease Agreement dated
May 11, 2011 (the "Agreement") concerning the use of land as described in the
Agreement.
B. The parties desire to amend the Agreement to include an additional easement for
utilities.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereby agree as follows:
1. In addition to the non-exclusive easements provided for in Section 1 of the
Agreement, Section 1 shall be and hereby is amended to include an additional non-exclusive
easement for utilities, as described in Exhibit "B" to the Agreement and as such additional
easement may be depicted in a revised site sketch. Utilities in the additional easement shall be
placed underground. Tenant is solely responsible to repair, maintain, inspect, and replace any
infrastructure it installs and any surface improvements it makes to, upon, over or under any
easement area. If an easement area is disturbed in connection with activities of Tenant or its
agents below the ground surface, Tenant shall restore the easement area, as nearly as reasonably
possible, to the condition in which it existed before commencement of the activities.
2. Exhibit "B" is hereby stricken in its entirety, and the attached Exhibit "B" is
hereby substituted in its place.
3. All other terms of the Agreement remain unmodified and in full force and effect.
This Amendment is binding on the parties and the respective heirs, personal representatives,
successors and assigns of each.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Option
and Land Lease Agreement by their duly authorized representatives as of the date first set forth
above.
[ SIGNATURE PAGE FOLLOWS ]
CITY OF WATERLOO, IOWA
rnest G. Clark, Mayor
Attest:
Suzy Sch res, City Clerk
LEISURE SERVICES COMMISSION
By:
Chairperson
FIDELITY TOWERS, INC.
By:
Title: Pre r/ n/
EXHIBIT "B" TO OPTION AND LAND LEASE AGREEMENT (amended)
PREMISES
a) Real property comprised of approximately two thousand five hundred (2500) square feet of
land
b) Non — exclusive easements required to run utility lines and cables
c) Non — exclusive easement across Owner's Property (hereinafter defined) for access
All as described below and as shown on the site sketch attached as Exhibit B-1.
PROPOSED LEASE AREA:
That part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of
Section 36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo,
Black Hawk County, Iowa, described as follows;
Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-
of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said
east right-of-way line, a distance of 127.78 feet; Thence North 75 degrees 04 minutes 22 seconds East, a
distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet to
the point of beginning; Thence continuing North 01 degrees 29 minutes 16 seconds West, a distance of
50.00 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 50.00 feet; Thence South
01 degrees 29 minutes 16 seconds East, a distance of 50.00 feet; Thence South 88 degrees 30 minutes 44
seconds West, a distance of 50.00 feet to the point of beginning.
PROPOSED ACCESS AND UTILITY EASEMENT:
An easement for ingress, egress and utility purposes over, under and across that part of the East 660 feet
of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89
North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County,
Iowa, described as follows;
Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-
of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said
east right-of-way line, a distance of 107.22 feet to the point of beginning; Thence North 01 degrees 29
minutes 16 seconds West, continuing along said east right-of-way line, a distance of 20.56 feet; Thence
North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29
minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a
distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet;
Thence South 88 degrees 30 minutes 44 seconds West, a distance of 25.00 feet; Thence South 01 degrees
29 minutes 16 seconds East, a distance of 9.07 feet; Thence South 75 degrees 04 minutes 22 seconds
West, a distance of 205.63 feet to the point of beginning.
PROPOSED UTILITY EASEMENT:
A 10 -foot wide easement for utility purposes over, under and across that part of the East 660 feet of the
South One-half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North,
Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa,
described as follows. The centerline of said easement being described as follows:
Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-
of-way line of East Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said
east right-of-way line, a distance of 107.22 feet; Thence North 01 degrees 29 minutes 16 seconds West,
continuing along said east right-of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes
22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29 minutes 16 seconds West, a
distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00 feet;
Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees
30 minutes 44 seconds West, a distance of 5.00 feet to the point of beginning of said centerline to be
described; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 167.68 feet more or less to
the said north right-of-way line of East Ridgeway Avenue and said centerline there terminating.
The sidelines of said easement shall be prolonged or shortened to terminate at said north right-of-way line
of East Ridgeway Avenue and a line running North 88 degrees 30 minutes 44 seconds East and South 88
degrees 30 minutes 44 seconds West from the point of beginning.
EXHIBIT "B-1" TO OPTION AND LAND LEASE AGREEMENT
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PREPARED BY AND WHEN
RECORDED RETURN TO:
Fidelity Towers, Inc.
7539 East Stroh Road
Parker, CO 80134
MEMORANDUM OF LEASE
This Memorandum of Lease ("Memorandum") is made this / qday of )719-4-4-11 , 2012, by and
between the City of Waterloo, Iowa, acting by and through the Leisure Services Commission, formerly known as
the Board of Park Commissioners, ("Owner"), whose address is City Hall, 715 Mulberry Street, Waterloo, Iowa,
50703, and Fidelity Towers Inc., a Nevada corporation ("Tenant"), whose office address is 7539 East Stroh Road,
Parker, Colorado 80134.
BACKGROUND
WHEREAS, Owner is the owner of a certain parcel of land as more fully described on Exhibit "A"
attached hereto (the "Property"); and
WHEREAS, Owner and Tenant are parties to that certain Option and Land Lease Agreement dated May
11, 2011, and any amendments thereto (collectively the "Lease"), which Lease pertains to certain land to which
Owner has granted and Tenant has accepted a real property interest in and to and which is a portion of the
Property. The location of said portion of property is more particularly described on Exhibit "B" attached hereto
and incorporated herein by this reference (hereinafter the "Premises"); and
WHEREAS, the Lease further grants to Tenant a non-exclusive easement to access the Premises and for
the installation and maintenance of utilities, over the Property which are set forth in Exhibit "B" attached hereto;
and
WHEREAS, the parties desire to establish record notice of the existence of the Lease and the status of the
rights and interests thereunder through the recording of this Memorandum in the public records.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual covenants contained
herein, as well as other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Owner and Tenant hereby state and agree as follows:
1. The Background recitals hereinabove are true and correct and are incorporated herein by this
reference.
Site Name: Waterloo
Site #: 1A2001
2. Owner and Tenant hereby confirm the terms, conditions, provisions and obligations under the
Lease, together with any amendments thereto; provided, however, that in the event of any conflict between the
provisions hereof and the Lease, the terms of the Lease shall control.
3. The Lease contains an Option, effective for a term of twelve (12) months from May 11, 2011,
with up to one additional twelve (12) month renewal ("Option Period").
4. The Lease provides for an initial term of five (5) years, commencing on the "Commencement
Date" as set forth in the Lease, but in no event after the expiration of the Option Period, with five (5) automatic
renewal options of an additional five (5) years each, at Tenant's discretion.
5. The Lease also provides for Tenant's right to utilize the Premises to construct, install, remove,
replace, operate and maintain a Communications Facility, and to also lease or sublease portions of the Premises to
third parties for such purposes, subject to the terms of the Lease, as well as use of the easements for access and
utilities.
6. The parties consent to the recording of this Memorandum in the public records of the county in
which the Property is situated and agree that this Memorandum shall be executed in recordable form.
7. If Tenant does not exercise its Option under the Lease during the Option Period, Tenant agrees to
promptly sign and deliver a release of this Memorandum to Owner upon the request of Owner.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the date
first written above.
[SIGNATURE BLOCKS APPEAR ON THE FOLLOWING PAGES]
Site Name: Waterloo
Site #: IA2001
Witnesses:
Name: Mal Noe. 1 ¢611
STATE OF LDWe d
COUNTY OF Black {M‘'c-
The foregoing instrument was acknowledged
/ l Ivr% , as ViccC1442011a11 of the
either personally known to me or has produced
NOTARY SEAL:
Site Name: Waterloo
Site #: IA2001
JEANE DIEHL
COMMISSION NO. 733174
MY COMMISSION EXPIRES
pt 14L
OWNER:
City of Waterloo, Iowa, acting by and through the
Leisure Services Commission, formerly known as the
Board of Park Commissioners
By:
Name: Ab BEQL'T 112- ictus
Title:
Date:
ViC COI- R -
D3—/5— 201 2,
before me this / 644day of f , 2012, by
c0.v,rn •ss Jar) ., a . He is
(type of identification) as identification.
Name: AJ Di els./
Notary — State of 11juJ(4..._
My Commission Expires: a?— 95- /51
Witnesses:
TENANT:
FIDELITY TOWERS INC.
a Nevada corporation
By:
Name: ‘fr‘ Name: Neil Wiser
As Its: President
STATE OF COLORADO
COUNTY OF DOUGLAS
Date: 2 -Z b - 70.
The foregoing instrument was acknowledged before me this 2thday of , 2012, by Neil
Wiser, as President of Fidelity Towers Inc., a Nevada corporation on behalf of the corporation.
Notary _ ignature (
Notary Name: '� \ \My Commission Expires: a - 2_0 \
Site Name: Waterloo
Site #: IA2001
NOTARY SEAL
KIMBERLY GABEL
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 03/30/2015
Exhibit "A"
Property
The East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section
36, Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black
Hawk County, Iowa, except those parts conveyed to the City of Waterloo, Iowa, in 114 LD 503 and 116
LD 457.
Site Name: Waterloo
Site #: IA2001
Exhibit "B"
Premises
PROPOSED LEASE AREA:
That part of the East 660 feet of the South One-half of the Southwest Quarter of the Southwest Quarter of Section 36,
Township 89 North, Range 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa,
described as follows;
Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East
Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of
127.78 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29
minutes 16 seconds West, a distance of 3.29 feet to the point of beginning; Thence continuing North 01 degrees 29 minutes
16 seconds West, a distance of 50.00 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 50.00 feet;
Thence South 01 degrees 29 minutes 16 seconds East, a distance of 50.00 feet; Thence South 88 degrees 30 minutes 44
seconds West, a distance of 50.00 feet to the point of beginning.
PROPOSED ACCESS AND UTILITY EASEMENT:
An easement for ingress, egress and utility purposes over, under and across that part of the East 660 feet of the South One-
half of the Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth
Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows;
Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East
Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of
107.22 feet to the point of beginning; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-
of-way line, a distance of 20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence
North 01 degrees 29 minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East,
a distance of 45.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88
degrees 30 minutes 44 seconds West, a distance of 25.00 feet; Thence South 01 degrees 29 minutes 16 seconds East, a
distance of 9.07 feet; Thence South 75 degrees 04 minutes 22 seconds West, a distance of 205.63 feet to the point of
beginning.
PROPOSED UTILITY EASEMENT:
A 10 -foot wide easement for utility purposes over, under and across that part of the East 660 feet of the South One-half of the
Southwest Quarter of the Southwest Quarter of Section 36, Township 89 North, Range 13 West of the Fifth Principal
Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows. The centerline of said easement being
described as follows:
Commencing at the intersection of the east right-of-way line of West Eleventh Street and the north right-of-way line of East
Ridgeway Avenue; Thence North 01 degrees 29 minutes 16 seconds West, along said east right-of-way line, a distance of
107.22 feet; Thence North 01 degrees 29 minutes 16 seconds West, continuing along said east right-of-way line, a distance of
20.56 feet; Thence North 75 degrees 04 minutes 22 seconds East, a distance of 185.07 feet; Thence North 01 degrees 29
minutes 16 seconds West, a distance of 3.29 feet; Thence North 88 degrees 30 minutes 44 seconds East, a distance of 45.00
feet; Thence South 01 degrees 29 minutes 16 seconds East, a distance of 10.00 feet; Thence South 88 degrees 30 minutes 44
seconds West, a distance of 5.00 feet to the point of beginning of said centerline to be described; Thence South 01 degrees 29
minutes 16 seconds East, a distance of 167.68 feet more or less to the said north right-of-way line of East Ridgeway Avenue
and said centerline there terminating.
The sidelines of said easement shall be prolonged or shortened to terminate at said north right-of-way line of East Ridgeway
Avenue and a line running North 88 degrees 30 minutes 44 seconds East and South 88 degrees 30 minutes 44 seconds West
from the point of beginning.
Site Name: Waterloo
Site #: IA2001