HomeMy WebLinkAboutVerizon-Master Lease Agmnt & Supplement 8861 & 8906 - 6/18/2018SITE NAME: Waterloo MLA
SITE NUMBER:
AT DATE: GJ
MASTER LEASE AGREEMENT 00
This Master Lease Agreement (the "Agreement") made this to day of �t�
20 between the City of Waterloo, Iowa, with its principal offices located at 715 Mulberry Street,
Waterloo, Iowa 50703, hereinafter designated LESSOR and Southwestco Wireless, Inc. d/b/a Verizon
Wireless, with Its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New
Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are
at times collectively referred to hereinafter as the "Parties" or individually as the "Party."
RECITALS
WHEREAS, LESSOR is the owner of, or holds a leasehold or other possessory interest in, certain
properties, utility poles and/or facilities, which are located within the geographic area of a license held by
LESSEE to provide wireless services issued by the Federal Communications Commission (the "FCC
License"); and
WHEREAS, LESSEE desires to install, maintain and operate communications equipment on certain
of LESSOR's properties, utility poles and/or facilities; and
WHEREAS, LESSOR and LESSEE desire to enter into this Agreement to define the general terms
and conditions which would govern their relationship with respect to particular sites at which LESSOR may
wish to permit LESSEE to install, maintain, and operate communications equipment; and
WHEREAS, LESSOR and LESSEE acknowledge that they will enter into a lease supplement
("Supplement"), in substantially the form attached hereto as Exhibit A, with respect to each particular
location or site on 'which the LESSOR agrees to allow LESSEE to install, maintain, and operate
communications equipment; and
WHEREAS, the Parties acknowledge that different related entities may operate or conduct the
business of LESSOR and LESSEE in different geographic areas, and as a result, each Supplement may be
signed by LESSEE and LESSOR's affiliated entities as further described herein, as appropriate based upon
the ownership or other interest In the subject property, utility poles or facility, in the case of LESSOR, and
the entity holding the FCC License in the subject geographic location, in the case of LESSEE.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and intending to
be legally bound hereby, the Parties agree as follows:
1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and the
applicable Supplement, LESSOR agrees to lease to LESSEE certain space .described in the applicable
Supplement upon LESSOR's utility poles (the "Poles") and/or surrounding real and/or personal property
(LESSOR's Poles, personal property and surrounding real property are hereinafter sometimes collectively
referred to as the "Property"), for the installation, operation and maintenance of communications
equipment; together with the non-exclusive right of ingress and egress from a public right-of-way, seven
(7) days a week, twenty four (24) hours a day, over, under and through the Property to and from the
Premises (as hereinafter defined) for the purpose of installation, operation and maintenance of LESSEE's
communications facility. Notwithstanding the foregoing, in the event a Pole is not located in the public
right-of-way or is not located upon Property which allows public access seven (7) days a week, twenty
four (24) hours a day, LESSEE shall provide LESSOR twenty four (24) hours' advance notice to LESSOR by
contacting LESSOR's emergency number at (319) 291-4267, except in the event access to the Pole is
required for emergency maintenance and/or repair, in which case LESSEE shall provide LESSOR advance
notice as is reasonably practical given the circumstances. The space leased by LESSOR to LESSEE described
in the applicable Supplement is hereinafter collectively referred to as the "Premises". The Premises may
include, without limitation, certain space on the ground (the "Equipment Space") on the Property, and
space on the Poles sufficient for the installation, operation and maintenance of antennas and other
equipment (the "Antenna Space") as described in the Supplement. Notwithstanding anything in any
Supplement to the contrary, the Premises under each Supplement shall include such additional space
necessary for the installation, operation and maintenance of wires, cables, conduits, and pipes (the
"Cabling Space") running between and among the various portions of the Premises and to all necessary
electrical and telephone utility, cable, and fiber sources located within the Property. If there are not
sufficient electric and telephone utility, cable, or fiber sources located on the Property, LESSOR agrees to
grant LESSEE, or the local utility, or fiber or cable provider, the right to install any utilities, cable, and fiber
on, thru, over, and under the Property necessary for LESSEE to operate its communications facility,
provided the location of those utilities, cable, and fiber shall be as reasonably designated by LESSOR.
2. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition
ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents and
warrants to LESSEE that as of the Effective Date of each Supplement, and continuing throughout the Term
as hereinafter defined) of each Supplement: (a) the Property is in compliance with all Laws (as defined
in Paragraph 23 below), including any applicable building codes, regulations, or ordinances that may exist
with regard to the Poles, or any part thereof; and (b) LESSOR will facilitate LESSEE's investigation of the
Property to determine whether or not lead-based paint, asbestos, or other hazardous substances (as that
term may be defined under any applicable federal, state or local law) are present on the Premises. If a
breach of the representations and warranties contained in this Paragraph 2 is discovered at any time
during the Term of a particular Supplement, LESSOR shall, promptly after receipt of written notice from
LESSEE setting forth a description of the breach, rectify the non-compliance at LESSOR's expense.
3. TERM: RENTAL.
This Agreement shall be for a term of twenty-five (25) years commencing upon the execution
hereof by both Parties. Each Supplement shall be effective as of the date of execution by both Parties
the "Effective Date"), provided however, the initial term of each Supplement shall be for five (5) years
and shall commence on the first day of the month following the day that LESSEE commences installation
of its equipment on the Premises (the "Commencement Date"), at which time rental payments shall
commence and be due at a total annual rental which shall be assessed pursuant to pole attachment rates
established by the FCC and reflected in the corresponding Supplement, to be paid in advance annually on
the Commencement Date and on each anniversary of the Commencement Date, in advance, to the payee
designated by LESSOR in the Supplement, or to such other person, firm or place as LESSOR may, from time
to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given
in accordance with Paragraph 17 below. LESSOR and LESSEE acknowledge and agree that the initial rental
payment for each Supplement may not actually be sent by LESSEE until thirty (30) days after the
Commencement Date. LESSOR and LESSEE agree that they shall acknowledge in writing the
Commencement Date of each Supplement.
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Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in that
event, LESSOR agrees to provide to LESSEE bank routing information for that purpose upon request of
LESSEE.
LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation")
including without limitation: (i) regarding the right of LESSOR to receive rental payments and other
benefits under each Supplement; (ii) a completed, most current version of Internal Revenue Service Form
W-9, or equivalent, and applicable state or local withholding forms, for any party to whom rental
payments are to be made pursuant to this Agreement or a Supplement; and (iii) other documentation
requested by LESSEE to comply with the requirement of any applicable laws, rules, regulations,
ordinances, directives, or covenants now in effect, or which may hereafter come into effect. Within
fifteen (15) days of obtaining an interest in any Property, Supplement or this Agreement, any assignee(s),
transferees) or other successor(s) in interest of LESSOR must provide to LESSEE such Rental
Documentation. All documentation must be acceptable to LESSEE in LESSEE's reasonable discretion.
Delivery of Rental Documentation to LESSEE shall be a prerequisite for the delivery of any rental payment
by LESSEE. Notwithstanding anything to the contrary herein, or in any Supplement, LESSEE may hold all
rent payments until Rental Documentation has been supplied to LESSEE as provided herein.
4. ELECTRICAL. At all times during the Term of each Supplement, LESSEE shall be permitted
to connect its equipment to any existing electrical service and telephone service within the Premises. In
the event LESSEE utilizes existing electrical and telephone service at the Premises, then a specified amount
may be added to the annual rent due under each Supplement as additional rent as consideration for
LESSEE's electrical service usage.
In the event electrical and telephone service does not exist at the Premises, then LESSEE shall be
permitted to obtain and install such services from the utility provider of LESSEE's choosing. LESSOR agrees
to grant LESSEE and/or its provider the right to install such support services in a location as reasonably
designated by LESSOR. LESSEE and/or its utility provider shall be permitted to upgrade such services, if
necessary. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install
an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation,
and shall pay the utility company directly for its electrical service usage.
LESSEE shall be permitted at any time during the Term (as defined herein) of each Supplement, to
install, maintain, and/or provide access to and use of, as necessary (during any power interruption at the
Premises), a temporary power source and a temporary installation of any other services and equipment
required to keep LESSEE's communications facility operational, along with all related equipment and
appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably
approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power
source, and the temporary installation of any other services and equipment required to keep LESSEE's
communications facility operational, and related appurtenances to the Premises.
5, EXTENSIONS. Each Supplement shall automatically be extended for four (4) additional
five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written
notice of the intent to terminate at least three (3) months prior to the end of the then current term. The
initial term and all extensions under a Supplement shall be collectively referred to herein as the "Term".
Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall
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survive and govern with respect to any remaining Supplements in effect until their expiration or
termination.
6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of
constructing, maintaining, repairing and operating a communications facility and uses incidental thereto.
LESSEE shall have the right, without any increase in rent, to replace, repair, add or otherwise modify its
utilities, fiber or cable, equipment, antennas and/or conduits or any portion thereof, and the frequencies
over which the equipment operates ("Modifications", whether the equipment, antennas, conduits or
frequencies are specified or not on any exhibit attached to a Supplement, during the Term, so long as such
Modifications do not substantially or materially alter LESSEE's equipment. Any substantial or material
modifications to the equipment will require LESSOR's prior written approval, which shall not be
unreasonably withheld, conditioned or delayed. It is understood and agreed that LESSEE's ability to use
the Premises is contingent upon LESSEE obtaining after the execution date of each Supplement all of the
certificates, permits and other approvals (collectively the "Governmental Approvals") that may be
required by any Federal, State or Local authorities, as well as a satisfactory Pole structural analysis that
will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort
to obtain the Governmental Approvals, and shall take no action which would adversely affect the status
of the Property with respect to the proposed use thereof by LESSEE. LESSEE shall have the right to
terminate the applicable Supplement if: (i) any of the applications for Governmental Approvals is finally
rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; (iii) LESSEE determines that the Governmental
Approvals may not be obtained in a timely manner; (iv) LESSEE determines that the Premises is no longer
technically compatible for its use; or (v) LESSEE, in its sole discretion, determines that the use of the
Premises is obsolete or unnecessary. Notice of LESSEE's exercise of its right to terminate shall be given to
LESSOR in accordance with the notice provisions set forth in Paragraph 17 and shall be effective upon the
mailing of that notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to the
termination date shall be retained by LESSOR. Upon such termination, the applicable Supplement shall
be of no further force or effect except to the extent of the representations, warranties, and indemnities
made by each Party to the other thereunder. Otherwise, the LESSEE shall have no further obligations for
the payment of rent to LESSOR for the terminated Supplement.
7. INDEMNIFICATION. Subject to Paragraph 8 below, to the extent allowed by law, each
Party shall defend, indemnify and hold the other harmless against any claim of liability or loss from
personal injury or property damage resulting from or arising out of the negligence or willful misconduct
of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or
damages may be due to, or caused by, the negligence or willful misconduct of the other Party, or its
employees, contractors or agents. For purposes of this Paragraph, neither LESSEE nor any other third
party to whom LESSOR has granted a right or permit to locate cable, telecommunications or other similar
facilities upon the Property for use by persons other than LESSOR shall be deemed a contractor or agent
of LESSOR. The indemnified Party will provide the indemnifying Party with prompt, written notice of any
written claim covered by this indemnification; provided that any failure of the indemnified Party to
provide any such notice, or to provide it promptly, shall not relieve the indemnifying Party from its
indemnification obligations in respect of such claim, except to the extent the indemnifying Party can
establish actual prejudice and direct damages as a result thereof. The indemnified Party will cooperate
appropriately with the indemnifying Party in connection with the indemnifying Party's defense of such
claim. The indemnifying Party shall defend any indemnified Party, at the indemnified Party's request,
against any claim with counsel reasonably satisfactory to the indemnified Party. The indemnifying Party
shall not settle or compromise any such claim or consent to the entry of any judgment without the prior
written consent of each indemnified Party and without an unconditional release of all claims by each
claimant or plaintiff in favor of each indemnified Party.
8. INSURANCE.
a. To the extent allowed by law, the Parties hereby waive and release any and all
rights of action for negligence against the other which may hereafter arise on account of damage to the
Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts such
insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall
apply between the Parties and they shall also apply to any claims under or through either Party as a result
of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning
the Premises or the Property shall waive the insurer's right of subrogation against the other Party.
b. LESSOR and LESSEE each agree that at its own cost and expense, each will
maintain commercial general liability insurance with limits not less than $2,000,000.00 per occurrence for
bodily injury (including death) and for damage or destruction to property. LESSOR and LESSEE each agree
that it will include the other Party as an additional insured.
9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 21, a
violation of Paragraph 26, or a violation of applicable law, neither Party shall be liable to the other, or any
of their respective agents, representatives, employees, for any lost revenue, lost profits, loss of
technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data,
or interruption or loss of use of service, even if advised of the possibility of such damages, whether under
theory of contract, tort (including negligence), strict liability or otherwise.
10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein,
provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have
the right to terminate each Supplement upon the annual anniversary of the Commencement Date
provided that three (3) months prior notice is given to LESSOR.
11, INTERFERENCE. LESSEE agrees to install Equipment of the type and frequency which will
not cause harmful interference which is measurable in accordance with then existing industry standards
to any equipment of LESSOR or other tenants of the Property which existed on the Property prior to the
date the applicable Supplement is executed by the Parties. In the event any after -installed LESSEE's
equipment causes such interference, and after LESSOR has notified LESSEE of such interference by a
written communication and a call to LESSEE's Network Operations Center [at (800) 224-6620/(800) 621-
2622], LESSEE will take all commercially reasonable steps necessary to correct and eliminate the
interference, including but not limited to, at LESSEE's option, powering down such interfering equipment
and later powering up such interfering equipment for intermittent testing. If the interference continues
for a period in excess of 48 hours following such notification, LESSOR shall have the right to require LESSEE
to reduce power, and/or cease operations until such time LESSEE can effect repairs to the interfering
equipment. In no event will LESSOR be entitled to terminate a Supplement or relocate the Equipment as
long as LESSEE is making a good faith and diligent effort to remedy the interference issue. LESSOR agrees
that LESSOR and/or any other users of the Property who currently have or in the future take possession
of the Property will be permitted to install only such equipment that is of the type and frequency which
will not cause harmful interference which is measurable in accordance with then existing industry
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standards to the then existing equipment of LESSEE. If LESSEE determines, in its reasonable discretion,
that LESSOR'S equipment or any other user's equipment permitted by LESSOR is causing interference,
LESSOR shall, upon written communication and a call from LESSEE to LESSOR's emergency number (319)
291-4267 , take all steps necessary to correct and eliminate the interference, including causing other users
causing such interference to correct and eliminate the interference. If the interference continues for a
period in excess of 48 hours following the notification, LESSOR shall, or shall require any other user to,
reduce power and/or cease operations until such time as LESSOR, or the other user, can effect repairs to
the interfering equipment. The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to
equitable remedies, such as, without limitation, injunctive relief and specific performance.
12. REMOVAL AT END OF TERM. LESSEE shall, within ninety (90) days after expiration of the
Term, or any earlier termination of a Supplement, remove its equipment, conduits, fixtures and all
personal property and restore the Premises to its original condition, reasonable wear and tear and
casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures
and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the
right to remove the same at any time during the Term, whether or not said items are considered fixtures
and attachments to real property under applicable laws. If the time for removal causes LESSEE to remain
on the Premises after termination of the Supplement, LESSEE shall pay rent at the then -existing monthly
rate, or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as
the removal of the antenna structure, fixtures and all personal property are completed.
13. I NTE NTIO NALLY OM ITTE D.
14. RIGHTS UPON SALE. If, at any time during the Term of any Supplement, LESSOR decides:
(i) to sell or transfer all or any part of the Property or the Poles thereon to a purchaser other than LESSEE,
or (ii) to grant to a third party by easement or other legal instrument an interest in that portion of the
Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining
communications facilities or the management thereof, then any such purchaser or transferee must
recognize LESSEE's rights hereunder and under the terms of the affected Supplement(s).
15, QUIET ENJOYMENT AND REPRESENTATIONS. LESSOR covenants that LESSEE, on paying
the rent and performing the covenants herein and in a Supplement, shall peaceably and quietly have, hold
and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the execution date of each
Supplement, and covenants during the Term, that LESSOR is seized of good and sufficient title and interest
to the Property, and has full authority to enter into and execute the Supplement. LESSOR further
covenants during the Term that there are no liens, judgments or impediments of title on the Property, or
affecting LESSOR's title to the same and that there are no covenants, easements or restrictions that
prevent or adversely affect the use or occupancy of the Premises by LESSEE as provided in this Agreement
and in the applicable Supplement(s).
16. ASSIGNMENT, This Agreement and each Supplement under it may be sold, assigned or
transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal, or to any entity which acquires all or substantially all of LESSEE's assets in the
market defined by the FCC in which the Property is located by reason of a merger, acquisition or other
business reorganization ('LESSEE Affiliate"). As to other parties, this Agreement and each Supplement may
not be sold, assigned or transferred without the written consent of the LESSOR, which consent will not be
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unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or
control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an
assignment hereunder.
17. NOTICES. All notices hereunder must be in writing and are validly given if sent by certified
mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery
service and provided further that it guarantees delivery to the addressee by the end of the next business
day following the courier's receipt from the sender, addressed as follows (or to any other address that the
Party to be notified may have designated to the sender by like notice):
LESSOR: City of Waterloo, Iowa
Attn: City Engineer
715 Mulberry Street
Waterloo, IA 50703
LESSEE: Southwestco Wireless, Inc.
d/b/a Verizon Wireless
Attention: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the
foregoing.
18. RECORDING. LESSOR agrees to execute a Memorandum of each Supplement which
LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of
Lease is for recording purposes only and bears no reference to commencement of either the Term or
rental payments.
19. DEFAULT. If there is a breach by a Party with respect to any of the provisions of this
Agreement, or under the provisions of an individual Supplement, the non -breaching Party shall give the
breaching Party written notice of that breach. After receipt of the written notice, the breaching Party
shall have thirty (30) days in which to cure the breach, provided the breaching Party shall have such
extended period as may be required beyond the thirty (30) days if the breaching Party commences the
cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to
completion, but in no event more than ninety (90) calendar days after receipt of written notice. The non -
breaching Party may not maintain any action or effect any remedies for default against the breaching
Party unless and until the breaching Party has failed to cure the breach within the time periods provided
in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this
Agreement, or under an individual Supplement, if LESSOR fails, within five (5) days after receipt of written
notice of such breach, to perform an obligation required to be performed by LESSOR, and if the failure to
perform that obligation interferes with LESSEE's ability to conduct its business in the Premises; provided,
however, that if the nature of LESSOR's obligation is such that more than five (5) days after notice is
reasonably required for its performance, then it shall not be a default under this Agreement or the
applicable Supplement if performance is commenced within such five (5) day period and thereafter
diligently pursued to completion, but in no event more than fifteen (15) calendar days after receipt of
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written notice. LESSOR and LESSEE agree that a default under an individual Supplement does not
constitute a default under this Agreement
20, REMEDIES. In the event of a default by either Party with respect to a material provision
of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which
the non -defaulting Party may have by reason of that default, the non -defaulting Party may terminate the
applicable Supplement and/or pursue any remedy now or hereafter available to the non -defaulting Party
under the Laws or judicial decisions of the state in which the Premises are located. Further, upon a
default, the non -defaulting Party may at its option (but without obligation to do so), perform the
defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the
obtaining of reasonably required insurance policies. The costs and expenses of any such performance by
the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If LESSEE
undertakes any such performance on LESSOR's behalf and LESSOR does not pay LESSEE the full undisputed
amount within thirty (30) days of its receipt of an invoice setting forth the amount due, LESSEE may offset
the full undisputed amount due against all fees due and owing to LESSOR under the applicable Supplement
until the full undisputed amount is fully reimbursed to LESSEE.
21. ENVIRONMENTAL.
LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the
environment or employee health and safety ("EH&S Laws"). LESSEE shall indemnify and hold harmless
LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EH&S Laws or to the
extent that LESSEE causes a release of any regulated substance to the environment. To the extent
permitted by applicable law, LESSOR shall indemnify and hold harmless LESSEE from all claims resulting
from the violation of any applicable EH&S Laws or a release of any regulated substance to the environment
except to the extent resulting from the activities of LESSEE or its agents. The Parties recognize that LESSEE
is only licensing a small portion of LESSOR's property and that LESSEE shall not be responsible for any
environmental condition or issue except to the extent resulting from specific activities and responsibilities
of LESSEE or its agents. In the event that LESSEE encounters any hazardous substances that do not result
from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually
agreeable location or, if LESSEE desires to remove at its own cost all or some the hazardous substances or
materials (such as soil) containing those hazardous substances, LESSOR agrees to sign any necessary waste
manifest associated with the removal, transportation and/or disposal of such substances.
22. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot
reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is
damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's
operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such
fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to
resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior written
notice to LESSOR. Any such notice of termination shall cause the Supplement to expire with the same
force and effect as though the date set forth in such notice were the date originally set as the expiration
date of the Supplement and the Parties shall make an appropriate adjustment, as of such termination
date, with respect to payments due to the other under the Supplement. Notwithstanding the foregoing,
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the rent shall abate during the period of repair following such fire or other casualty in proportion to the
degree to which LESSEE's use of the Premises is impaired.
23. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and the Poles in
compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements,
zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements
of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come
into effect (including, without limitation, laws regulating hazardous substances) (collectively "Laws").
LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply
with: (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises; and (b) all
building codes requiring modifications to the Premises due to the improvements being made by LESSEE
in the Premises. It shall be LESSOR's obligation to comply with all Laws relating to the Property and Poles
in general, without regard to specific use (including, without limitation, modifications required to enable
LESSEE to obtain all necessary building permits).
24. AUTHORIZED ENTITIES, This Agreement is entered into by the Parties each on its own
behalf and for the benefit of: (i) any entity in which the Party directly or indirectly holds an equity or
similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party;
or (iii) any entity directly or indirectly under common control with the Party. Each Party and each of the
entities described above are referred to herein as an "Authorized Entity". No obligation is incurred or
liability accepted by any Authorized Entity until that Authorized Entity enters into a site specific
Supplement. Only the Party and the Authorized Entity executing a Supplement are responsible for the
obligations and liabilities related thereto arising under that Supplement and this Agreement. All
communications and invoices relating to a Supplement must be directed to the Authorized Entity signing
the Supplement. A default by any Authorized Entity will not constitute or serve as a basis for a default by
any other Authorized Entity not a party to the applicable Supplement.
25, MISCELLANEOUS, This Agreement and the Supplements that may be executed from time
to time hereunder contain all agreements, promises and understandings between the LESSOR and the
LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding
upon either the LESSOR or the LESSEE in any dispute, controversy or proceeding. This Agreement may
not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and
bind the heirs, personal representatives, successors and assigns hereto. The failure of either party to insist
upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights
hereunder shall not waive such rights and such party shall have the right to enforce such rights at any
time. The performance of this Agreement via each Supplement shall be governed, interpreted, construed
and regulated by the laws of the state in which the Premises is located without reference to its choice of
law rules.
26. INTENTIONALLY OMITTED.
27,
STRUCTURE RECONDITIONING, REPAIR, REPLACEMENT.
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From time to time, LESSOR paints, reconditions, or otherwise improves or repairs the
Poles in a substantial way ("Reconditioning Work"). LESSOR shall reasonably cooperate with LESSEE to
carry out Reconditioning Work activities in a manner that minimizes interference with LESSEE's approved
use of the Premises.
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b. Prior to commencing Reconditioning Work, LESSOR shall provide LESSEE with not less
than sixty (60) days prior written notice. Upon receiving that notice, it shall be LESSEE's sole responsibility
to provide adequate measures to cover or otherwise protect LESSEE's equipment from the consequences
of the Reconditioning Work, including but not limited to paint and debris fallout. LESSOR reserves the
right to require LESSEE to remove all of LESSEE's equipment from the Poles and Premises during
Reconditioning Work, provided the requirement to remove LESSEE's equipment is contained in the
written notice required by this Section.
c. During LESSOR's Reconditioning Work, LESSEE may maintain a temporary
communications facility on the Property, or after approval by LESSOR, on any land owned or controlled
by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary
communications facility, or if the Parties cannot agree on a temporary location, the LESSEE, at its sole
option, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice
to LESSOR.
d. LESSEE may request a modification of LESSOR's procedures for carrying out
Reconditioning Work in order to reduce the interference with LESSEE's use of the Premises. If LESSOR
agrees to the modification, LESSEE shall be responsible for all reasonable incremental cost related to the
modification.
e. If the Poles need to be replaced ("Replacement Work"), LESSOR shall provide LESSEE with
at least sixty (60) days' written notice to remove its equipment. LESSOR shall also promptly notify LESSEE
when the Poles have been replaced and LESSEE may re -install its equipment. During LESSOR's
Replacement Work, LESSEE may maintain a temporary communications facility on the Property, or after
approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the
Property will not accommodate LESSEE's temporary communications facility or if the Parties cannot agree
on a temporary location, the LESSEE, at its sole option, shall have the right to terminate the applicable
Supplement upon thirty (30) days written notice to LESSOR.
f. If the Poles need to be repaired due to storm or other damage ("Repair Work"), LESSOR
shall notify LESSEE to remove its equipment as soon as possible. In the event of an emergency, LESSOR
shall contact LESSEE by telephone at LESSEE's Network Operations Center [at (800) 224-6620/(800) 621-
2622] prior to removing LESSEE's Equipment. Once the Poles have been replaced or repaired, LESSOR will
promptly notify LESSEE it can reinstall its equipment. During LESSOR's Repair Work, LESSEE may maintain
a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or
controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's
temporary communications facility, or if the Parties cannot agree on a temporary location, or if the Pole(s)
cannot be repaired or replaced within thirty (30) days, LESSEE, at its sole discretion, shall have the right
to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. However, at
LESSEE's sole option, within thirty (30) days after the casualty damage, LESSOR must provide LESSEE with
a replacement Supplement to lease space at a new location upon which the Parties mutually agree. The
monthly rental payable under the new replacement Supplement will not be greater than the monthly
rental payable under the terminated Supplement. The new replacement Supplement shall have an initial
term of five (5) years, and shall have extension terms as provided in Paragraph 5 of this Agreement.
[Balance of page intentionally left blank]
]0
IN WITNESS WHEREOF, the Parties have executed this Master Lease Agreement effective the day
and year first above written.
WITNESS
11
LESSOR:
City of Waterloo, Iowa
Name: t�ylGf�yU`�
Date: x' 18 b6
LESSEE:
Southwestco Wireless, Inc. d/b/a Verizon
Wireless
By:
Name: lames R Martin
Its: Dlreetor- Nelwnrk Fiald Fnninaarin9
Date:
EXHIBIT A
LEASE SUPPLEMENT
This Lease Supplement ("Supplement"), is made this day of , 20_
between whose principal place of business is <Address>, City,
State, ("Lessor"), and d/b/a Verizon Wireless, whose principal
place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee").
1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master
Lease Agreement between and
dated 201_, (the "Agreement"). All of the
terms and conditions of the Agreement are incorporated herein by reference and made a part hereof
without the necessity of repeating or attaching the Agreement. In the event of a contradiction,
modification or inconsistency between the terms of the Agreement and this Supplement, the terms of
this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning
described for them in the Agreement unless otherwise indicated herein.
2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located
at <INSERT SITE ADDRESS>, including, without limitation, approximately (_) square feet of Equipment
Space, and Antenna Space on the Poles. The Equipment Space, Antenna Space and Cabling Space are as
shown on Exhibit 1, attached hereto and made a part hereof.
3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in the
Agreement [add if applicable: provided, however, that the Term of this Supplement shall be subject to the
term of the Ground Lease[or Easement] (as hereinafter defined).].
4. Consideration. Rent under this Supplement shall be per year, payable to
at In consideration for electrical service,
shall be added to the annual rent due under this Supplement as additional rent.]
5. Easement. The parties acknowledge that Lessor's rights in the Site derive from a certain
agreement dated between Lessor and ("Land Owner"),
hereinafter referred to as "Easement", and attached to this Supplement as Exhibit 2. This Supplement
shall not be effective until Lessee has approved the Easement, and Lessee shall be under no obligation to
proceed under this Supplement unless and until the form of the Easement is acceptable to Lessee. By its
signature below, Lessee has reviewed and approved of the Easement.
[6. [if applicable] Consent. The consent of the Land Owner to this Supplement [check as applicable]:
_ is NOT required,•_ is required and the executed Land Owner's Consent is attached to this Supplement
as Exhibit 3.1
Site Specific Terms. (Include any site-specific terms)
12
IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the
day and year first above written.
WITNESS
WITNESS
LESSOR:
<ENTITY NAME>
By:
Name:
Title:
Date:
LESSEE
<VERIZON WIRELESS ENTI7Y>
By: _
Name:
Title:
Date:
13
EXHIBIT 1
Site Plan of Premises
14
EXHIBIT 2
Easement
[if applicable]
15
EXHIBIT 3
landowner's Consent
cif applicable]
16
SITE NAME: WAT SUNNYSIDE SCI
SITE NUMBER: 20161423542/418861
TTY/DATE: GJ
Please return this copy to:
City Clerk & Flounce Dept,
715 Mulberry St.
Waterloo, IA 50703
LEASE SUPPLEMENT N�
This Lease Supplement ("Supplement"), is made this lP day 04-A�-kL— , 20 8 between the
City of Waterloo, Iowa, with its principal office located at 715 Mulberry Street, Waterloo, Iowa 50703
("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at
One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"), Lessor and Lessee
are at times collectively referred to hereinafter as the "Parties" or individually as the "Party."
1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain
Master Lease Agreement between Lessor and Lessee dated �V- � t8 2018, (the "Agreement").
All of the terms and conditions of the Agreement are incorporated herein by reference and made a part
hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction,
modification or inconsistency between the terms of the Agreement and this Supplement, the terms of
this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning
described for them in the Agreement unless otherwise indicated herein.
2. Premises. Lessor hereby leases to Lessee certain space on and within Lessor's Property located
at 4013 Shoppers Blvd, Waterloo, Iowa 50701, including, without limitation, Equipment Space, Antenna
Space, and Cabling Space on Lessor's Pole. The location of the Pole, Equipment Space and Antenna
Space are as shown on Exhibit 1, attached hereto and made a part hereof.
3. Term. The Commencement Date and the Term of this Supplement shall be as set fort
h in Section
3 of the Agreement.
4. Consideration. Rent under this Supplement shall be $30.00 per year, payable to Lessor at the
address set forth in Section 17 of the Agreement.
5. Site Specific Terms. The Parties acknowledge that a new utility pole, which upon installation
shall be considered a "Pole" as defined in the Agreement, must be installed in the approximate location
and as generally described in Exhibit 1 in order to accommodate the Lessee equipment at the Premises,
The Parties agree that Lessee shall acquire and install the new Pole at Lessee's expense. The Pole shall
be of mutually agreeable style, size and quality, with Party approval to not be unreasonably withheld,
conditioned or delayed. As part of Lessee's installation of the Pole, Lessee shall coordinate the addition
of electrical services for use by Lessee at the Pole site. Upon completion of the installation of the Pole,
Lessee shall be permitted to install its equipment upon the Pole and within the Premises at Lessee's
expense. Upon installation of the Pole, Lessor shall own and maintain the Pale in accordance with
applicable law and terms of the Agreement. At the request of either Party, the Parties shall execute a Bill
of Sale memorializing the transfer of ownership of the Pole to Lessor in the form attached as Exhibit 2.
However, Lessee shall maintain its equipment and utility connections to the site at its expense.
[Signatures appear on following page]
IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the
day and year first above written.
�c-
WITNESS
WITNESS
WITNESS
LESSOR:
City o(f Waterloo, Iowa�7
Name:
Title:
Date: b
LESSEE:
Southwestco Wireless, Inc. d/b/a Verizon Wireless
T
Name:
Title:
Date:
EXHIBIT 1
Site an of Premises
(See attached Site Plan)
I Iv
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(NPl SUNN`lSli). SG1r.
30.3' AGL
27.0' AGL
27.0' AGL
LESSEE ANTENNA SPACE
APPROXIMATE E UIPMENT SPACE CENTERLINE
21.7' AGL
LESSEE EQUIPMENT SPACE
0.0' AGL
LESSEE REPLACEMENT POLE
WAT SUNNYSIDE SC1
EXHIBIT 2
Bill of Sale
ea ached Bill of Sale)
QUITCLAIM BILL Of SALE
FOR VALUABLE CONSIDERATION, Southwestco Wireless, Inc. d/b/a Verizon Wireless, Seller, sells and
conveys to the City of Waterloo, Iowa, Buyer, the following personal property: one (1) light pole and
light fixtures affixed thereto (the "Personal Property) located at 4013 Shoppers Blvd, Waterloo, Iowa
50701. The Personal Property is further depicted on Exhibit A, attached hereto and made a part hereof.
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PERSONAL
PROPERTY OR ITS MERCANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, BY ITS ACCEPTANCE OF
THIS QUITCLAIM BILL OF SALE, BUYER ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL
PROPERTY AND BUYER ACCEPTS THE SAME "WHERE IS" AND IN ITS PRESENT USED AND "AS IS"
CONDITION.
This Quit Claim Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in the
Personal Property, but this shall not convey any of the communications equipment or appurtenances of
Seller that are installed, attached, mounted or otherwise connected to the Personal Property.
By its acceptance of this Quit Claim Bili of Sale, Buyer hereby assumes the full risk of any injuries,
damages or loss related to the Personal Property except to the extent such liability is caused by Seller's
gross negligence or intentional or willful acts and except for third -party injuries, damages or losses
occurring prior to the execution of this Quit Claim Bill of Sale. Buyer hereby indemnifies and agrees to
hold Seller harmless and forever releases, relieves, discharges and covenants not to sue Seller for any
and all claims, liabilities, demands, costs and expenses (including attorney's fees), actions, proceedings,
causes of action of any kind, known or unknown, claimed or concealed, based on any theory
whatsoever, including claims arising out of Seller's negligence and except to the extent any claim is
caused by Seller's gross negligence or intentional willful acts, which Buyer or any third party has, ever
had, or ever claims to have ever had or may have against Seller, which are related to the Personal
Property conveyed hereunder and except for third -party injuries, damages or losses occurring prior to
the execution of this Quit Claim Bill of Sale.
This Quit Claim Bill of Sale contains the entire agreement and representations of the parties related to
the sale of the Personal Property, may not be altered except by a written instrument signed by both
parties, and shall be construed in accordance with the laws of Iowa.
Southwestco Wireless, Inc. d/b/a Verizon
Wireless
By:
Its:
Exhibit A
Personal Property
ea ac e g)
TOP Of LIGHT HEIGHT
30.3' AGL _
TOP OF POLE HEIGHT
27.0' AGL
APPROXIMATE ANTENN SPACE CENTERLINE I KILIGHT
27.0'AGL
LESSEE ANTENNA SPACE
APPROXIMATE E UIPMENT SPACE CENTERLINE
21.7' AGL
--J
LESSEE EQUIPMENT SPACE
LESSEE REPLACEMENT POLE
HANDHOLE
OL GROUND ELEVATION fL
0.0' AGL
WAT SUNNYSIDE SC1
Please return this copy te.
City Clerk & Finance Dept.
]35 Mulberry St.
Inc, IA 50703
SITE NAME: WAT SUNNYSIDE SUB
SITE NUMBER: 20161423950/418906
ATTY/DATE: GJ
LEASE SUPPLEMENTqq�
This Lease Supplement ("Supplement"), is made this ,U day of3 Kk. , 20(� between the City
of Waterloo, Iowa, with its principal office located at 715 Mulberry Street, Waterloo, Iowa 50703
("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at One
Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). Lessor and Lessee are at
tImes collectively referred to hereinafter as the "Parties" or individually as the "Party."
1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master
Lease Agreement between Lessor and Lessee dated NjWre IS 2018, (the "Agreement"), All of the
terms and conditions of the Agreement are incorporated herein by reference and made a part hereof
without the necessity of repeating or attaching the Agreement. In the event of a contradiction,
modification or inconsistency between the terms of the Agreement and this Supplement, the terms of
this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning
described for them in the Agreement unless otherwise indicated herein.
2. Premises. Lessor hereby leases to Lessee certain space on and within Lessor's Property located
at 201 Tower Park Dr, Waterloo, Iowa 50701, including, without limitation, Equipment Space, Antenna
Space, and Cabling Space on Lessor's Pole. The location of the Pole, Equipment Space and Antenna Space
are as shown on Exhibit 1, attached hereto and made a part hereof.
3. Term, The Commencement Date and the Term of this Supplement shall be as set forth in Section
3 of the Agreement.
4. Consideration. Rent under this Supplement shall be $30.00 per year, payable to Lessor at the
address set forth in Section 17 of the Agreement.
5. Site Specific Terms. The Parties acknowledge that a new utility pole, which upon installation shall
be considered a "Pole" as defined in the Agreement, must be installed in the approximate location and as
generally described in Exhibit 1 in order to accommodate the Lessee equipment at the Premises. The
Parties agree that Lessee shall acquire and install the new Pole at Lessee's expense. The Pole shall be of
mutually agreeable style, size and quality, with Party approval to not be unreasonably withheld,
conditioned or delayed. As part of Lessee's installation of the Pole, Lessee shall coordinate the addition
of electrical services for use by Lessee at the Pole site. Upon completion of the installation of the Pole,
Lessee shall be permitted to install its equipment upon the Pole and within the Premises at Lessee's
expense. Upon Installation of the Pole, Lessor shall own and maintain the Pole in accordance with
applicable law and terms of the Agreement. At the request of either Party, the Parties shall execute a Bill
of Sale memorializing the transfer of ownership of the Pole to Lessor in the form attached as Exhibit 2.
However, Lessee shall maintain its equipment and utility connections to the site at its expense.
[Signatures appear on following page]
IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the
day and year first above written.
LESSOR:
City of Waterloo, Iowa
By: Q 1,, 1__0\\ eller 1 ISN,`
WITNESS Name: r
Title:
Date:
WITNESS
LESSEE:
Southwestco Wireless, Inc. d/b/a Verizon Wireless
By:
Name:
Title:
Date:
EXHIBIT 1
Site Plan of Premises
(See attached Site an,
r
y
I
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WAT SUNNI'S1D SC8.
TOP OF POLE HEIGHT
35.2 AGL LIGHT ARM
TOP OF LIGHT HEIGHT
35.1 ' AGL
APPROXIMATE ANTENNA SPACE CENTERLINE
27.0' AGL
LESSEE ANTENNA
APPROXIMATE E UIPMENT SP CE CENTERLINE
21.7 AGL
LESSEE EQUIPMENT SPACE
LESSEE REPLACEMENT POLE
AGL
WAT SUNNYSIDE SC8
EXHIBIT 2
Bill of Sale
(See attached Bill of Sale)
QUITCLAIM BILL OF SALE
FOR VALUABLE CONSIDERATION, Southwestco Wireless, Inc. d/b/a Verizon Wireless, Seller, sells and
conveys to the City of Waterloo, Iowa, Buyer, the following personal property: one (1) light pole and light
fixtures affixed thereto (the "Personal Property) located at 201 Tower Park Dr, Waterloo, Iowa 50701. The
Personal Property is further depicted on Exhibit A, attached hereto and made a part hereof.
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PERSONAL
PROPERTY OR ITS MERCANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, BY ITS ACCEPTANCE OF
THIS QUITCLAIM BILL OF SALE, BUYER ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL
PROPERTY AND BUYER ACCEPTS THE SAME "WHERE IS" AND IN ITS PRESENT USED AND "AS IS"
CONDITION,
This Quit Claim Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in the
Personal Property, but this shall not convey any of the communications equipment or appurtenances of
Seller that are installed, attached, mounted or otherwise connected to the Personal Property.
By its acceptance of this Quit Claim Bill of Sale, Buyer hereby assumes the full risk of any injuries, damages
or loss related to the Personal Property except to the extent such liability is caused by Seller's gross
negligence or intentional or willful acts and except for third -party injuries, damages or losses occurring
prior to the execution of this Quit Claim Bill of Sale. Buyer hereby indemnifies and agrees to hold Seller
harmless and forever releases, relieves, discharges and covenants not to sue Seller for any and all claims,
liabilities, demands, costs and expenses (including attorney's fees), actions, proceedings, causes of action
of any kind, known or unknown, claimed or concealed, based on any theory whatsoever, including claims
arising out of Seller's negligence and except to the extent any claim is caused by Seller's gross negligence
or intentional willful acts, which Buyer or any third party has, ever had, or ever claims to have ever had or
may have against Seller, which are related to the Personal Property conveyed hereunder and except for
third -party injuries, damages or losses occurring prior to the execution of this Quit Claim Bill of Sale.
This Quit Claim Bill of Sale contains the entire agreement and representations of the parties related to the
sale of the Personal Property, may not be altered except by a written instrument signed by both parties,
and shall be construed in accordance with the laws of Iowa.
Southwestco Wireless, Inc. d/b/a Verizon
Wireless
By:
Its:
Exhibit A
PersonalProperty
(see attached drawing)
I7!RIU
TOP OF
35.2' AGL POLE HEIGHT
LIGHT ARM
TOP OF LIGHT HEIGHT
35.1' AGL
APPROXIMATE ANTENNA SPACE CENTERLINE
27.0' AGL
LESSEE ANTENNA
APPROXIMATE E UIPMENT S ACE CENTERLINE
21.7' AGL
LESSEE EQUIPMENT SPACE
LESSEE REPLACEMENT POLE
AGL
WAT SUNNYSIDE SC8