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HomeMy WebLinkAboutWaterloo/Cedar Falls Celltelco Partnership - Lease Agmnt - 10/9/2006 �� Site No. 305349 LEASE AGREEMENT cople This Lease is made and entered into as of the day of 2006, by and between the City of Waterloo Police, 715 Mulberry Street, Waterloo, Iowa 50703, hereinafter referred to as "Landlord", and Waterloo/Cedar Falls Celltelco Partnership, Attention: Real Estate, 8410 West Bryn Mawr Avenue, Suite 700, Chicago, Illinois 60631, hereinafter referred to as "Tenant". Whereas, Landlord is the owner of a building in which Landlord desires improved wireless communication service; and Whereas, Tenant can provide improved in-building wireless communication service by installing antennas within Landlord's buildings. In consideration of the mutual promises, conditions, and other good and valuable consideration of the parties hereto, it is covenanted and agreed as follows: 1. Demise of Premises. Landlord hereby lets and demises unto Tenant, and Tenant hereby accepts from Landlord the following described "Leased Premises" located within the building located at 715 Mulberry Street, Waterloo, Black Hawk County, Iowa: a. Space in the building for four(4) antennas and one (1)repeater to be mounted in locations to be mutually agreed upon between Landlord and Tenant. The approximate size, shape and description shall be included as Exhibit A. b. Space on the roof of the building for one (1) donor antenna. The approximate size, shape and description of the donor antenna shall be included in Exhibit A. C. Space in the building to extend and connect lines for signal carriage between Tenant's equipment and Tenant's antennas. d. Space in the building to extend and connect lines for electric utility service between Tenant's equipment and suitable utility company service connection points. 2. Grant of Easement Rights. To effect the purposes of this Lease, Landlord hereby grants to Tenant a non-exclusive Easement Right appurtenant to the Premises to enter Landlord's Premises during normal business hours for the purpose of attending Tenant's equipment, conditioned on Tenant not interfering with Landlord's operations. 3. Plan Approval. Tenant shall provide the Landlord a description of Tenant's proposed installation that Landlord has the right to review and approve prior to Page 1 of 4 :rt Site No. 305349 the commencement of work. Landlord shall r�ilirse Tenant for the cost of the equipment and pay to install the equipment, l project costs above $2,800. Landlord's responsibility shall not exceed $90f. Tenant shall own the equipment. 4. Use of the Leased Premises. Tenant shall be entitled to non-exclusive use of the Leased Premises to install, operate, modify as necessary and maintain thereon its equipment and antennas together with all necessary lines, anchors, connections, devices, and equipment for the transmission, reception, encryption, and translation of voice and data signals by means of radio frequency energy. 5. Term of Lease. The initial lease tern will be five(5)years (the "Initial Term"), commencing on September 1, 2006. The Initial Term will terminate on August 31, 2011. 6. Option to Renew. This lease automatically renews for up to two (2) additional terms of five(5) years each, unless Tenant notifies Landlord that it will not renew the lease prior to the expiration of the term then present at the time of such notice. 7. Option to Terminate. Tenant shall have the unilateral right to terminate this Lease at any time by giving written notice to Landlord of Tenant's exercise of this option. 8. Utilities. Tenant shall be entitled to connect to and receive unmetered electricity from a suitable electric service outlet. 9. Repairs. Tenant shall be responsible for all repairs to Tenant's equipment, and may at its own expense replace and substitute the equipment to suit its needs consistent with the intended use of the Leased Premises. 10. Mutual Indemnification. Tenant shall indemnify and hold Landlord harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Tenant, or in any way resulting from Tenant's presence upon Landlord's lands. Landlord shall indemnify and hold Tenant harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Landlord. Nothing in this Article shall require a party to indemnify the other party against such other party's own willful or negligent misconduct. 11. Insurance. Tenant shall continuously maintain in full force and effect a policy of commercial general liability insurance with limits of One Million Dollars covering Tenant's work and operations upon Landlord's lands. 12. Assignment of Lease by Tenant. Tenant's interest under this Lease may be freely assigned in connection with the transfer of Tenant's FCC authorization to operate a commercial mobile radio base station at the Site, so that the name and identity of the holder of Tenant's interest hereunder can be consistent with the name and identity Page 2 of 4 Site No. 305349 of the holder of said FCC authorization. Any other assignment of this Lease by Tenant shall require Landlord's prior written consent, which shall not unreasonably be withheld. 13. Removal of Tenant's Equipment. Tenant's Equipment is agreed to be Tenant's personal property and shall never be considered fixtures to the real estate. Tenant shall at all times be authorized to remove Tenant's Equipment from the Leased Premises. Within 30 days of the expiration or earlier termination of the lease, Tenant shall remove all of its equipment from the Premises and restore the Premises to its original condition, reasonable wear and tear excepted. Landlord acknowledges that if at any time during the Lease Landlord discontinues being a U. S. Cellular customer, Tenant will terminate this lease and remove Tenant's equipment from Landlord's Building. 14. Binding Effect. All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 15. Modifications. This Lease may not be modified, except in writing, by the parties' duly authorized representatives, or their successors, who executed this Lease Agreement. IN WITNESS WHEREOF, the parties hereto bind themselves to this Lease Agreement as of the day and year first above written. LANDLORD: TENANT: City of Waterloo Police, Waterloo/Cedar Falls Celltelco Partnership, By: By: Printed: Printed: Title: Title: Vice President Page 3 of 4 • 4 Site No. 305349 STATE OF ) COUNTY OF ) I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that known to me to be the same person whose name is subscribed to the foregoing Lease, appeared before me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease as his free and voluntary act on behalf of the City of Waterloo Police, for the uses and purposes therein stated. Given under my hand and seal this day of 2006. Notary Public My commission expires STATE OF ILLINOIS ) COUNTY OF COOK ) 1, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that • Vice President for Waterloo/Cedar Falls Celltelco Partnership, known to me to be the same person whose name is subscribed to the foregoing Ground Lease, appeared before me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease as his free and voluntary act on behalf of the named Tenant corporation, for the uses and purposes therein stated. Given under my hand and seal this day of 2006. Notary Public My commission expires Page 4 of 4