HomeMy WebLinkAboutTOWERCO 2013 LLC-6/26/2017 (2)GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT ("Lease") is effective as of the latter of the
signature dates below ("Effective Date") by and between The City of Waterloo, Iowa ("Lessor")
and TOWERCO 2013 LLC, a Delaware limited liability company ("Lessee").
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of certain real property located in the City of Waterloo,
County of Black Hawk, State of Iowa (the "Parent Parcel"), as more particularly described in
Exhibit "A" annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor
approximately two -thousand (2,000) square feet of the Parent Parcel and all access and utility
easements if any, (the "Premises") as described in Exhibit "B" annexed hereto.
2. Use. The Premises may be used by Lessee and Lessee's tenants and licensees for the
transmission and receipt of wireless communication signals in any and all FCC Licensed
frequencies, the construction, maintenance, operation, subleasing and licensing of towers,
antennas, and buildings, and related facilities and activities, and for any other uses which are
incidental thereto ("Intended Use"). Lessee and its sublessees and licensees shall have access to
the Premises twenty-four (24) hours a day, seven (7) days a week. Lessor agrees to cooperate with
Lessee in obtaining, at Lessee's expense, all licenses and permits required for Lessee's use of the
Premises (the "Governmental Approvals"). Lessor further agrees to cooperate with Lessee in
executing and delivering any documents requested by Lessee to obtain Governmental Approvals
necessary for its Intended Use. In the event that Lessee's Intended Use of the Premises is actually
or constructively prohibited then, in addition to any other remedies available to Lessee, Lessee
shall have the option to terminate this Lease with notice to Lessor.
3. Term. The term of this Lease shall be five (5) years commencing on the date Lessee begins
commercial operation of the Improvements (as defined in Paragraph 6(a)) or the third anniversary
of the Effective Date, whichever first occurs ("Commencement Date") and terminating on the fifth
(5th) anniversary of the Commencement Date (the "Term") unless otherwise provided in Paragraph
9.
4. Renewal Terms. Lessee shall have the right to extend this Lease for nineteen (19)
additional five (5) year terms ("Renewal Terms"). Each Renewal Term shall be on the same terms
and conditions as set forth in this Lease except that Rent shall increase as provided in paragraph
5. This Lease shall automatically be renewed for each successive Renewal Term unless Lessee
notifies Lessor in writing of Lessee's intention not to renew the Lease at least thirty (30) days prior
to the expiration of the Term or the Renewal Term which is then in effect.
5. Consideration. During the Term, Lessee shall pay Lessor the monthly sum of EIGHT
HUNDRED DOLLARS ($800.00) ("Rent"). Rent shall be payable on the first day of each month
in advance to Lessor at Lessor's address as specified in paragraph 18 below. Rent shall be
increased on the commencement of each Renewal Term by ten percent (10%) over the Rent
payable during the immediately preceding term. If this Lease is terminated at a time other than on
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the anniversary of the Commencement Date, Rent shall be prorated as of the date of termination
and that portion of prorated Rent allocable to the period following the effective date of termination,
that may have been paid in advance of the termination date, shall be refunded to Lessee.
As further consideration for Lessor to enter into this Lease, Lessee shall pay to Lessor within ten
(10) days of the Effective Date of this Lease, a one-time signing bonus of Five Hundred
DOLLARS ($500).
6. Improvements; Utilities; Access.
(a) Lessee shall have the right, at Lessee's sole cost and expense, to erect and
maintain on the Premises improvements, personal property and facilities necessary or desired for
its Intended Use (collectively the "Improvements"). The Improvements shall remain the exclusive
property of the Lessee throughout the term and after the termination of this Lease. Lessee may
construct, alter, demolish, reconstruct, restore, replace, supplement, modify and reconfigure the
Improvements at any time during the Term or any Renewal Term of this Lease.
Lessee shall remove, at Lessee's sole cost and expense, all of the Improvements not later than one
hundred eighty (180) days following any termination of this Lease, leaving the Premises in graded
condition. Lessor grants Lessee the right to clear all trees, undergrowth, or other obstructions and
to trim, cut, and keep trimmed and cut all tree limbs which may interfere with or fall upon the
Improvements or Premises. Lessor grants Lessee a non-exclusive easement in, over, across and
through other real property owned by Lessor as reasonably required for construction, installation,
maintenance, and operation of the Improvements. In the event that a guyed tower is constructed
on the Premises, Lessor also grants Lessee an easement in, over, across and through Lessor's real
property during the Term and any Renewal Term of this Lease for the installation and maintenance
of and reasonable access to the guy wires and guy wire anchors.
(b) Lessee shall have the right to install power, telecommunications, cables,
conduit, and any other utilities, including cabinets, vaults and improvements directly related to
such utilities, on the Premises, at Lessee's expense, and to improve present utilities on the Premises
(including but not limited to the installation of emergency power generators). Lessee shall have
the right to permanently place utilities on (or to bring utilities across or under) the Premises and
the Improvements. In the event that utilities necessary to serve the equipment of Lessee or the
equipment of Lessee's licensee(s) or sublessee(s) cannot be located within the Premises, Lessor
agrees to cooperate with Lessee and to act reasonably in allowing the location of utilities on the
Parent Parcel or other real property owned by Lessor without requiring additional compensation
from Lessee or Lessee's licensee(s) or sublessee(s). Lessor shall, upon Lessee's request, execute
within fifteen (15) days a separate written easement to the utility company providing the service
or Lessee in a form which may be filed of record evidencing this right.
(c) Lessor grants to Lessee, its officers, agents, employees, sublessees,
licensees and their independent contractors, the right and privilege to enter upon the Premises and
the Parent Tract, to perform or cause to be performed test borings of the soil, environmental audits,
engineering studies and to conduct a survey of the Premises and all or part of the Parent Tract.
Lessor grants Lessee and its sublessees and licensees a license to use such portion of Lessor's
property contiguous to the Premises on a temporary basis as reasonably required during the Term
or any Renewal Term of this Lease for the construction, installation, maintenance or removal of
the Improvements, including access for construction machinery and equipment, storage of
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construction materials and equipment and staging areas. Following any such use, Lessee agrees
to restore the condition of the Lessor's property contiguous to the Premises.
(d) Lessor represents and warrants to Lessee that Lessee shall at all times during
this Lease enjoy ingress, egress and access from the Premises twenty-four (24) hours a day, seven
(7) days a week to an open and improved public road which presently exists and which shall be
adequate to service the Premises and the Improvements. If no such public road exists or ceases to
exist in the future, Lessor will grant an exclusive easement to Lessee, Lessee's sublessees and
assigns so that Lessee may, at its own expense, construct a suitable private access drive to the
Premises and the Improvements. To the degree such access is across other property owned by
Lessor, Lessor shall execute an easement (the `Basement") within fifteen (15) days of evidencing
this right and Lessor shall maintain access to the Easement in a free and open condition so that no
interference is caused to Lessee by other lessees, licensees, invitees or agents of the Lessor which
may utilize the Easement.
7. Lessor's Representations and Warranties. As an inducement for Lessee to enter into and
be bound by the terms of this Lease, Lessor represents and warrants to Lessee and Lessee's
successors and assigns that Lessor (i) has good and marketable title to the Premises or has the right
to acquire same by the exercise of eminent domain power, (ii) has the authority to enter into and
be bound by the terms of this Lease, (iii) to the best of Lessor's knowledge, there are no pending
or threatened lawsuits, administrative actions (including bankruptcy or insolvency proceedings),
suits, claims or causes of action against Lessor or which may otherwise affect the Premises, and
(iv) the Premises are not presently subject to an option, lease, agreement or other contract which
may adversely affect Lessor's ability to fulfill its obligations under this Lease. Lessor covenants
and agrees that it shall not grant an option or enter into any contract which will adversely affect
Lessee's Intended Use (as defined in paragraph 2 above) of the Premises until this Lease expires
or is terminated by Lessee. The representations and warranties of Lessor shall survive the
termination or expiration of the term of this Lease.
8. Termination. Except as otherwise provided herein, this Lease may be terminated, without
any penalty or further liability upon written notice as follows:
(a) By either party upon a default of any covenant or term hereof by the other
party which default is not cured within sixty (60) days of receipt of written notice of default
(without, however, limiting any other rights available to the parties pursuant to any other
provisions hereof); provided, that if the defaulting party commences good faith efforts to cure the
default within such period the cure period may be extended upon mutual agreement, in writing, of
the parties hereto;
(b) Upon thirty (30) days' written notice by Lessee to Lessor if (i) Lessee is
unable to obtain or maintain any license, permit or other Governmental Approval necessary for
the construction and operation of the Improvements or Lessee's business or (ii) Lessee's
Intended Use of the Premises is actually or constructively interfered with; or
(c) By Lessee for any reason upon written notice from Lessee to Lessor.
9. Subleases. Lessee at its sole discretion shall have the right, without the consent of or notice
to Lessor, to license, sublease or otherwise allow the occupancy of all or a portion of the Premises
and the Improvements for the Intended Use and for no other purpose or use. Lessee's licensee(s)
and sublessee(s) shall be entitled, subject to approval processes or limitations set forth in applicable
law or ordinance, to modify the tower and Improvements, and erect and install additional
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improvements and personal property on the Premises and Improvements, including but not limited
to antennas, dishes, cabling, utilities, emergency or back up power, generators, and equipment
shelters. Lessee's licensee(s) and sublessee(s) shall be entitled to all rights of ingress and egress
to the Premises, the right to install utilities on the Premises and the right to use the Premises for
the Intended Use as if said licensee or sublessee were the Lessee under this Lease.
10. Taxes. Because Lessor is a government entity, the Premises is currently tax exempt.
Lessee shall pay any personal property taxes assessed on the Improvements and any real property
taxes assessed as a result of the Improvements. Lessor shall pay when due all property taxes and
all other fees and assessments attributable to the Premises. In the event that Lessor fails to pay
when due any taxes affecting the Premises or the Easement, Lessee shall have the right but not the
obligation to pay such taxes and deduct the full amount of the taxes paid by Lessee on Lessor's
behalf from future payments of Rent. Lessor agrees to provide to Lessee a copy of any notice,
assessment or billing relating to any real or personal property taxes for which Lessee is responsible
under this Lease within thirty (30) days of receipt of same by Lessor. Lessee shall have no
obligation to make payment of any real or personal property taxes until Lessee has received notice,
assessment or billing relating to such payment in accordance herewith. Lessee shall have the right,
at its sole option, and at its sole cost and expense, to appeal, challenge or seek modification of any
real or personal property tax assessment or billing for which Lessee is wholly or partly responsible
for payment under this Lease. Lessor shall reasonably cooperate with Lessee in filing, prosecuting
and perfecting any appeal or challenge to real or personal property taxes as set forth herein,
including but not limited to executing consent to appeal or other similar document. In the event
that Lessee fails to pay when due any taxes affecting the Premises, Lessor shall have the right but
not the obligation to pay such taxes and to invoice same to Lessee. Any such sum invoiced by
Lessor to Lessee shall, if not paid within thirty (30) days, accrue interest at the rate of 12% per
annum, compounded monthly, until paid in full.
11. Damage or Destruction. If the Premises or the Improvements are destroyed or damaged so
as to hinder the effective use of the Improvements in Lessee's judgment, Lessee may elect to
terminate this Lease as of the date of the damage or destruction by so notifying the Lessor.
12. Condemnation. If a condemning authority takes all of the Premises, or a portion sufficient
in Lessee's determination, to render the Premises in the opinion of Lessee unsuitable for the use
which Lessee was then making of the Premises, this Lease shall terminate the earlier of (i) the date
title vests in the condemning authority or (ii) the date the condemning authority takes possession
of the Premises or a portion of it. Lessor and Lessee shall share in the condemnation proceeds in
proportion to the values of their respective interests in the Premises (which for Lessee shall include,
where applicable, the value of its Improvements, moving expenses, prepaid rent, lost business,
goodwill, and business relocation expenses). A sale of all or part of the Premises to a purchaser
with the power of eminent domain in the face of the exercise of eminent domain power shall be
treated as a taking by condemnation for the purposes of this paragraph. Except as provided in this
paragraph, generally applicable condemnation law will apply in the event of a condemnation.
13. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the
Premises and on the Improvements, bodily injury and property damage insurance with a combined
single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such
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insurance shall insure, on an occurrence basis, against liability of Lessee, its licensee(s),
sublessee(s), or the employees and agents of any of them, arising out of or in connection with use
of the Premises and Improvements by Lessee, its licensee(s), sublessee(s), or the employees or
agents of any of them. At each tenth (10th) anniversary of the Effective Date, the parties will
review the coverage limits provided herein and make such adjustment thereto as may be
appropriate due to changing economic or risk management factors.
14. Interference. Lessor shall not, nor shall Lessor permit its lessees, licensees, invitees or
agents, to use any portion of the Parent Parcel or adjacent real property owned or controlled by
Lessor in any way which interferes with Lessee's Intended Use of the Premises. Such interference
shall be deemed a material breach of this Lease by Lessor and Lessor shall have the responsibility
to immediately terminate such interference. In the event such interference is not immediately
rectified, Lessor acknowledges that continuing interference will cause irreparable injury to Lessee,
and Lessee 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 or to terminate this Lease with notice to Lessor.
15. Environmental Compliance. Lessor represents, warrants and agrees (1) that neither Lessor
nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted
the use, generation, storage or disposal of, any contaminants, oils, asbestos, PCBs, hazardous
substances or wastes as defined by federal, state or local environmental laws, regulations or
administrative orders or other materials the removal of which is required or the maintenance of
which is prohibited, regulated or penalized by any federal, state or local government authority
("Hazardous Materials") on, under, about or within the Parent Parcel and/or Easement in violation
of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use,
generate, store or dispose of any Hazardous Materials on, under, about or within the Parent Parcel
and/or Easement in violation of any law or regulation. Lessee agrees that it will not use, generate,
store or dispose of any Hazardous Material on, under, about or within the Premises in violation of
any law or regulation. This Lease shall at the option of Lessee terminate and be of no further force
or effect if Hazardous Materials are discovered to exist on the Parent Parcel and/or Easement
through no fault of Lessee after Lessee takes possession of the Premises and Lessee shall be
entitled to a refund of all the consideration paid in advance to Lessor under this Lease.
16. Environmental Indemnities.
(a) Lessor, its heirs, grantees, successors, and assigns shall indemnify, defend,
reimburse and hold harmless Lessee from and against any and all environmental damages arising
from the presence of Hazardous Materials upon, about or beneath the Parent Parcel and/or
Easement, or migrating to or from the Parent Parcel and/or Easement, or arising in any manner
whatsoever out of the violation of any environmental requirements pertaining to the Parent Parcel
and/or Easement and any activities thereon, which conditions exist or existed prior to or at the time
of the execution of this Lease or which may occur at any time in the future due to the negligence
or willful misconduct of Lessor, its heirs, grantees, successors, and assigns, and through no fault
of Lessee.
(b) Lessee, its heirs, grantees, successors, and assigns shall indemnify, defend,
reimburse and hold harmless Lessor from and against environmental damages caused by the
presence of Hazardous Materials on the Premises arising solely as the result of the activities of
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Lessee, its licensee(s) or sublessee(s), or the employees or agents of any of them, after the
execution of this Lease.
(c) The duties and indemnifications in this paragraph shall survive expiration
or earlier termination of this Lease.
17. Notices. All notices, requests, demands and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or via a nationally recognized overnight delivery service to the following addresses or
to such other addresses as may be specified in writing at any time during the term of this Lease:
If to Lessor, to:
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, Iowa 50703
Attention: Planning Department
Phone: (319) 291-4366
If to Lessee, to:
TowerCo 2013 LLC
5000 Valleystone Drive
Cary, North Carolina 27519
Attn: Property Management
Site ID #: IA0324
18. Quiet Enjoyment. Lessor warrants and represents that (i) it has the full right, power, and
authority to execute this Lease; and (ii) the Premises constitutes an area that may be leased without
the need for any subdivision or platting approval. Lessor covenants that it shall comply with all
applicable laws, regulations and requirements related to the Premises and that Lessee shall have
the quiet enjoyment of the Premises during the term of this Lease. Should Lessee's use of the
Premises become compromised due to any breach of the warranty and covenants contained in this
paragraph, Lessor acknowledges that Lessee shall be substantially harmed and Lessee will seek to
recover from Lessor any damages Lessee may sustain.
19. Occurrence of Lessor Default. The covenants, representations and conditions in this Lease
are mutual and dependent. Upon the occurrence of any breach or nonperformance of any
representation, warranty, covenant, agreement or undertaking made by Lessor in this Lease
("Default"), Lessee shall have the option to pursue any one or more of the following remedies,
subject to such notice requirements as may be prescribed elsewhere in this Lease: (a) Lessee, may,
at its sole election, terminate the Lease; (b) Lessee, may, without being obligated and without
waiving the Default, cure the Default, whereupon Lessor shall pay to Lessee, upon demand, all
costs expenses, and disbursements incurred by Lessee to cure the Default. Lessee shall be
permitted to offset said costs, expenses and disbursements incurred by Lessee against Rent or any
other amounts due or becoming due by Lessee to Lessor under this Lease; or (c) Lessee shall be
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entitled to pursue any and all other rights or remedies available at law or equity, including specific
performance of this Lease, with respect to Lessor's default.
20. Assignment. Upon written notice to Lessee, Lessor is permitted to transfer this Lease only
in connection with the sale of the Parent Parcel and only on the following conditions: (a) the
acquiring party must and will assume in writing all of the rights and obligations of Lessor under
this Lease on and after the date of purchase of the Parent Parcel and (b) Lessor must retain no
rights or obligations under the Lease after the date of sale of the Parent Parcel (a "Lessor Permitted
Assignment"). Other than a Lessor Permitted Assignment, Lessor is prohibited from assigning,
selling or otherwise transferring the Lease in whole or in part and Lessor is prohibited from
granting any third party an easement or other real property interest in the Premises. Lessee may
assign this Lease without the consent of or notice to Lessor. From and after the date this Lease
has been sold, assigned or transferred by Lessee to a third party agreeing to be subject to the terms
hereof, Lessee shall immediately be released from any and all liability under this Lease, including
the payment of any rental or other sums due, without any further action. Additionally, Lessee may
mortgage or grant a security interest in this Lease and the Improvements, and may assign this
Lease and the Improvements to any such mortgagees or holders of security interests including their
successors and assigns (hereinafter collectively referred to as "Secured Parties"). If requested,
Lessor shall execute such consent to leasehold financing as may reasonably be required by Secured
Parties. Lessor agrees to notify Lessee of any default by Lessee so that Lessee may notify its
Secured Parties and afford to them the same right to cure any default as Lessee except that the cure
period for any Secured Party shall not be less than an additional ten (10) days after the Lessee cure
period expires. If a termination, disaffirmance or rejection of the Lease pursuant to any laws
(including any bankruptcy or insolvency laws) by Lessee shall occur, or if Lessor shall terminate
this Lease for any reason, the Secured Parties will have the right to enter upon the Premises during
a forty-five (45) day period following Lessor's notice to Lessee, for the purpose of removing any
Improvements. Lessor acknowledges that the Secured Parties shall be third -party beneficiaries of
this Lease.
21. Successors and Assigns. This Lease shall run with the Premises and shall be binding upon
and inure to the benefit of the parties, their respective heirs, successors, personal representatives
and assigns.
22. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory
or otherwise, in and to the Improvements or any portion thereof, regardless of whether or not same
is deemed real or personal property under applicable laws.
23. Waiver of Incidental and Consequential Damages. Lessor will not assert any claim
whatsoever against Lessee for loss of anticipatory profits or any other indirect, special, incidental
or consequential damages incurred by Lessor as a result of the construction, maintenance,
operation or use of the Premises by Lessee or its agents, licensees or sublessees.
24. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims
(including reasonable attorneys' fees, costs and expenses of defending against such claims) arising
from the negligence or willful misconduct of Lessee, its licensee(s) or sublessee(s), or the agents
or employees of any of them, in or about the Premises. To the extent permitted by applicable law,
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Lessor shall indemnify and hold Lessee harmless from all claims (including reasonable attorneys'
fees, costs and expenses of defending against such claims) arising from the negligence or willful
misconduct of Lessor or Lessor's agents, employees, lessees, invitees, contractors or other tenants
occurring in or about the Parent Parcel. The duties described herein survive termination of this
Lease.
25. Right of First Refusal; Sale of the Premises. If Lessor elects (i) to sell or otherwise transfer
to a third party all or any portion of the Premises, whether separately or as part of a larger parcel
of which the Premises is a part, or (ii) to grant to a third party by easement, or other legal
instrument, an interest in and to any portion of the Premises for any purpose relating to operating
and maintaining communications facilities or the management thereof, with or without an
assignment of this agreement to such third party (including but not limited to assignments of rental
streams associated with this agreement), Lessee shall have the right of first refusal to meet any
bona fide offer of sale, assignment, or any other transfer on the same terms and conditions as such
offer. Lessor shall immediately provide the Lessee with a copy of the bona fide offer together
with a notice describing Lessee's right of first refusal. If Lessee fails to accept such bond fide
offer within thirty (30) days after receipt of the foregoing, Lessor may sell or grant the easement
or interest in the Premises in accordance with the terms of such bona fide offer.
26. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to
its reasonable attorney's fees and court costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within ten (10) days after written
request, such truthful estoppel information as the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the parties
with respect to the subject matter of this Lease, and supersedes all offers, negotiations and other
agreements. There are no representations or understandings of any kind not set forth herein. Any
amendments to said Lease must be in writing and executed by the parties.
(d) If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fees due such broker and shall hold the other party harmless
from any claims for commission by such broker.
(e) Lessor agrees to cooperate with Lessee in executing any documents
necessary to protect Lessee's rights under this Lease or Lessee's use of the Premises, including but
not limited to affidavits relating to title curative measures and subordination and non -disturbance
agreements and to take any further action which Lessee may reasonably require as to effect the
intent of this Lease.
(f) This Lease shall be construed in accordance with the laws of the state in
which the Premises is situated.
(g) If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
(h) Upon request of Lessee, Lessor shall promptly execute and deliver to Lessee
such documents as Lessee requests to evidence Lessee's rights in the Premises, including a
memorandum of option and a memorandum of lease and/or amendments thereto. Lessee may file
such documents of record in the property records in the county in which the Premises are located.
(i) Lessee may obtain title insurance on its interest in the Premises and
Easement, and Lessor shall cooperate by executing documentation required by the title insurance
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company. In the event the Premises is encumbered by a mortgage or deed of trust, Lessor agrees
to obtain and furnish, within thirty (30) days written request by Lessee, a non -disturbance
agreement to the effect that Lessee and Lessee's sublessees or licensees will not be disturbed in
the occupancy of the Premises by any foreclosure; provided that the rights and interests of
Lessee under this Lease shall be subject and subordinate to such mortgage or deed of trust.
(j) Lessor hereby irrevocably appoints Lessee or Lessee's agent as Lessor's
agent to file applications on behalf of Lessor with federal, state and local governmental
authorities which applications relate to Lessee's Intended Use of the Premises including but not
limited to land use and zoning applications.
(k) This Lease may be executed in two or more counterparts, all of which shall
be considered one and the same agreement and shall become effective when one or more
counterparts have been signed by each of the parties, it being understood that all parties need not
sign the same counterpart and that scanned or electronically reproduced copies of this Lease shall
have the same force and effect as originals.
(1) Lessor will not, during the term of this Lease together with any extensions
thereof, enter into any other lease, license, or other agreement for a similar purpose as set forth
herein, on or adjacent to the Premises.
(m) In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Lease, such party shall not unreasonably condition,
delay or withhold its approval or consent. Any approval or consent that the City, its boards,
commissions or officials, is requested to give in its capacity as a government entity applying its
generally applicable regulations is hereby exempted from the foregoing covenant, provided that
Lessee shall be treated on a substantially neutral and non-discriminatory basis as compared to other
applicants for such approval or consent.
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IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the date
affixed to their signatures below.
LESSOR/LESSOR:
City of Waterloo, Iowa
By:
Name: vv -x
Title:
Date:
State of
County of
fid-
Before me, the undersigned, a Notary Public for the State,
personally appeared licrtl-,rt , who is the of
�Ua„I Q.ti1__ , a , personally knoWyn me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that _he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument, the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal, this 11 day of
NOTARY SEAL
Signature
, 20 (1
My commission expires:
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i
LESSEE/LESSEE:
TOWERCO 2013 LLC
By:
Name:
Title:
Date:
State of K; isv" CtLv1 \IVIS
County of N, t, Vt.,
Before me, \\Av&c6 wt �li 141 C� the undersigned, a Notary Public for the State,
personally appeared tt VI{ I l;ti li— who is the Oft) of TowerCo
2013 LLC, a Delaware limited liability company, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the entity upon
behalf of which he acted, executed the instrument.
WITNESS my hand and official seal, this
MELISSA MANNA
Notary Public, North Carolina
Wake County
My Corn is ion Expires
ALS
S AL
gnature
'Zi day of \j1,4'1 , 2011
My commission expires:
TowerCo Site Name Cattle Congress 11
TowerCo Site Number IA0324
EXHIBIT "A"
DESCRIPTION OF PARENT PARCEL
The Parent Parcel is described and/or depicted as follows:
Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to
the recorded plat thereof, Black Hawk County, Iowa
TowerCo Site Name Cattle Congress 12
TowerCo Site Number IA0324
EXHIBIT "B"
DESCRIPTION OR DEPICTION OF PREMISES
An approximately 2,200 square foot tract of land, together with easements for ingress, egress and
utilities described or depicted as follows:
PROPOSED LEASE AREA DESCRIPTION:
That part of Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION,
according to the recorded plat thereof, Black Hawk County, Iowa, described as follows:
Commencing at the southwest corner of the Northwest Quarter of Section 22, Township
89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County;
thence North 89 degrees 12 minutes 09 seconds East along the South line of said
Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51
seconds West, a distance of 1564.55 feet to the Point of Beginning of the lease area to be
described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet;
thence North 8 degrees 14 minutes 47 seconds West, a distance of 10.00 feet; thence
northwesterly, a distance of 65.16 feet along a non-tangential curve concave to the
northeast, having a radius of 133.40 feet and a central angle of 27 degrees 59 minutes 08
seconds, the chord of said curve bears North 62 degrees 29 minutes 05 seconds West;
thence North 86 degrees 27 minutes 26 seconds West not tangent to the last described
curve, a distance of 12.43 feet; thence South 3 degrees 32 minutes 34 seconds West, a
distance of 51.33 feet to the Point of Beginning.
PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION:
An easement for ingress, egress and utility purposes over, under and across Lots 16 and 17 and
vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat
thereof, Black Hawk County, Iowa, described as follows:
Commencing at the southwest corner of the Northwest Quarter of Section 22, Township
89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County;
thence North 89 degrees 12 minutes 09 seconds East along the South line of said
Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51
seconds West, a distance of 1564.55 feet to the Point of Beginning of the easement to be
described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet;
thence South 8 degrees 14 minutes 47 seconds East, a distance of 20.00 feet; thence
South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence South 36
degrees 45 minutes 13 seconds West, a distance of 7.07 feet; thence South 8 degrees 14
minutes 47 seconds East, a distance of 4.10 feet; thence South 35 degrees 18 minutes 20
seconds East, a distance of 10.98 feet; thence South 78 degrees 52 minutes 42 seconds
West, a distance of 30.03 feet; thence North 17 degrees 57 minutes 12 seconds East, a
distance of 11.32 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of
5.23 feet; thence North 53 degrees 14 minutes 47 seconds West, a distance of 7.07 feet;
thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence
North 8 degrees 14 minutes 47 seconds West, a distance of 20.00 feet to the Point of
Beginning.
TowerCo Site Name Cattle Congress 13
TowerCo Site Number IA0324
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Note: At Lessee's option, Lessee may replace this Exhibit with an exhibit setting forth the legal
description of the Premises, or an as -built drawing depicting the site. Any visual or textual
representation of the Improvements and facilities is illustrative only, and does not limit the rights
of Lessee as provided for in the Lease. Without limiting the generality of the foregoing:
1. The Premises may be setback from the boundaries of Lessor's property as required by the
applicable governmental authorities.
2. The access road's width may be modified as required by governmental authorities, including
police and fire departments.
3. The locations of any access and utility easements are illustrative only. Actual locations may
be determined by Lessee and/or the servicing utility company in compliance with local laws
and regulations.
TowerCo Site Name Cattle Congress 14
TowerCo Site Number IA0324