HomeMy WebLinkAboutR-1999-141 Monopole Tower & Ground Space LeaseRESOLUTION NO. R-99- 141
A RESOLUTION authorizing and directing the City Manager and the City Clerk of
the City of Yakima to execute a Monopole Tower and Ground Space Lease with
Yakima MSA Limited Partnership.
WHEREAS, the City of Yakima has space available on its radio tower
located at fire station three; and
WHEREAS, Yakima MSA Limited Partnership, d.b.a. United States
Cellular Wireless Communications is desirous of leasing space on the City's
radio tower for the placement of cellular communications antennae and
accompanying ground space for the placement of equipment; and
WHEREAS, Yakima MSA Limited Partnership will pay $6000 per annum
for the privilege of using the City's radio tower; and
WHEREAS, the Yakima City Council deems that entering the attached
and incorporated Monopole Tower and Ground Lease is in the best interests of
the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached and incorporated Monopole Tower and Ground Space Lease.
tJ-t)
ADOPTED BY THE CITY COUNCIL, this day of t'. a . , 1999.
/4
John Puccinelli, Mayor
ATTEST:
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. f 0
For Meeting of: November 2. 1999
ITEM TITLE: Monopole Tower and Ground Space Lease
SUBMITTED BY: Wayne Wantland, Communications Manager
CONTACT PERSON/TELEPHONE: Same, 575-6048
SUMMARY EXPLANATION:
The City has been approached by Yakima MSA Limited Partnership, d.b.a. United States Cellular
Wireless Communications to lease space at Fire Station Three for a cellular communications site.
We have an existing monopole antenna structure that can accommodate this equipment and space
for their building without interfering with the Fire department's operation.
This lease will generate $6,000 annual in revenues and has a built in CPI adjustment.
This agreement will benefit the City in revenue and the citizens by using an existing structure for
this service rather than the construction of a new facility at some other location.
_X_ Resolution
EXHIBITS
Ordinance Contract Minutes Plan/Map
Notification List Other (Specify)
APPROVED FOR SUBMITTAL:
CI MANAGER
STAFF RECOMMENDATION:
Staff Recommends adoption of this resolution to enter into this agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Space above line for Recorder
Site No.
MONOPOLE TOWER & GROUND SPACE LEASE
This Monople Tower & Ground Space Lease (the "Lease") is made and entered
into the day of , 1999, by and between THE CITY OF YAKIMA,
WASHINGTON, whose address is 200 S. 3rd St., Yakima, Washington 98901, hereinafter
referred to as "Lessor," and YAKIMA MSA LIMITED PARTNERSHIP, a Delaware
limited partnership, doing business as United States Cellular Wireless Communications®,
Attention: Real Estate, 8410 West Bryn Mawr Avenue, Suite 700, Chicago, Illinois
60631, hereinafter referred to as "Lessee."
Background
A. Lessor is the owner in fee simple of a parcel of land located in the City of
Yakima, Yakima County, State of Washington, legally described on the attached Exhibit
A (the "Owned Premises"), on which a monopole tower (the "Tower") is located. The
street address of the Owned Premises is 511 N. 40"' Ave., Yakima, Washington 98902.
B. Lessee desires to lease space on the Tower and ground space below, or adjacent
to, the Tower (the "Ground Space") for the installation and operation of a cellular radio-
telephone communication antennae facility, which shall include directional antennae, an
equipment building, connecting cables and appurtenances (collectively, "the Wireless
Telecommunication Antennae Facility") for use in connection with its communication
business.
C. Accordingly, the parties are entering into this Lease on the terms and conditions
set forth below.
Agreement
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. Lessor leases to Lessee and Lessee leases from Lessor a portion
of the Owned Premises, consisting of (i) space on the Tower, (ii) sufficient Ground Space
below, or adjacent to, the Tower to place its equipment building, and (iii) easements for
ingress/egress and utilities as shown on the Site Plan attached as Exhibit B (collectively,
the "Premises"). Lessee intends to locate its antennae on the Tower as more fully
described on the attached Exhibit C. In addition, Lessee agrees to perform, at no cost to
the Lessor, the necessary work as described on the attached Exhibit E prior to installation
of the Wireless Telecommunications Antennae Facility.
us cell lease. JBW/jbw 1
10/27/99
2. Term. The initial term of this Lease shall commence on , 1999 (the
"Commencement Date") and end on , 2019, Lessee shall have the option to
renew this Lease for up to one (1) additional term of five (5) years each, upon a
continuation of all the same provisions hereof, by giving written notice to Lessor of
Lessee's exercise of this option at least sixty (60) days before the expiration of the term
then present at the time of such notice.
3. Rent.
a. Lessee shall pay Lessor Base Rent for the first year on the Commencement
Date, and or each year thereafter on the Anniversary of the Commencement Date,
unless +1G Base Rent is abated p U1U,,t +V. Section 16 herein. Lessee shall pay to
Lessor as annual rent for the Premises the sums as shown below (the "Base
Rent"):
Years 1 through 5 $6,000 per year
At the commencement of the 6th, 11h, and 16"' years the Base Rent shall be
adjusted based on the previous 5 years accumulative Consumer Price Index based
on the following formula:
An amount equal to 100% of Consumer Price Index based on the averaging
of the US Cities Consumer Price Index (CPI -W) and the Seattle Consumer
Price Index (CPI -W).
b. Lessee shall pay Lessor a late payment charge equal to five percent (5%)
of the late payment for any payment not paid when due. Any amounts not paid
when due shall bear interest until paid at the lesser of the rate of two percent (2%)
per month or the highest rate permitted by law.
4. Use of the Premises.
a. Lessee shall use the Premises for the installation, operation, and
maintenance of its Wireless Telecommunication Antennae Facility for the
transmission, reception and operation of a communications system and uses
incidental thereto and for no other uses. Lessee may erect and operate
panel -type, directional antennae and microwave dish of up to in
diameter. Lessor shall provide Lessee with at least 500 square feet of Ground
Space which is sufficient for placement of a single -story, pre -fabricated
equipment building measuring 12' x 20'. Lessor may peiniit others to use other
portions of the owned Premises.
us cell lease. JBW/jbw 2
10/27/99
b. Lessee shall, at its expense, comply with all present and future federal,
state, and local laws, ordinances, rules and regulations (including laws and
ordinances relating to health, radio frequency emissions, radiation and safety) in
connection with the use, operation, maintenance, construction and/or installation
of the Wireless Telecommunication Antennae Facility on the Premises. Lessor
agrees to reasonably cooperate with Lessee in obtaining at Lessee's expense
(including reimbursement of Lessor's reasonable attorney and administrative fees,
if any), any federal licenses and permits required for, or substantially required by,
Lessee's use of the Premises.
c. (1) The Wireless Telecommunication Antennae Facility is agreed to be
Lessee's personal property and shall never be considered fixtures to the
real estate. Upon termination of the Lease, the Lessee shall remove the
Wireless Telecommunication Antennae Facility and any underground
improvements from the Premises within sixty (60) days. Such removal
shall be done in a workmanlike and careful manner and without
interference or damage to any other equipment, structures or operations on
the Premises, including use of the Premises by Lessor or any of Lessor's
assignees or lessees. If, however, Lessee requests permission to not
remove all or a portion of the improvements, and Lessor consents to such
non -removal, title to the affected improvements shall thereupon transfer to
Lessor and the same thereafter shall be the sole and entire property of
Lessor, and Lessee shall be relieved of its duty to otherwise remove same.
(2) Upon removal of the improvements (or portions thereof) as
provided in Section 4(c)(1) herein, Lessee shall restore the affected areas
of the Premises to the conditions which existed prior to this Lease,
reasonable wear and tear excepted.
(3) All costs and expenses for the removal and restoration to be
performed by Lessee pursuant to Section 4(c)(1), (2) herein shall be borne
by Lessee, and Lessee shall hold Lessor harmless from any portion
thereof.
d. In the event of the declaration of a "Civil Emergency," as defined within
the Municipal code of the City of Yakima, Washington, and with the prior, specific,
written authorization of the Lessor, the Lessee may erect additional Wireless
Telecommunication Antennae Facilities and install additional equipment on a temporary
basis, not to exceed a six (6) month period from the date of installation, on the Premises
to ensure continuation of service.
5. Construction Standards. The Wireless Telecommunication Antennae Facility
shall be installed on the Premises in a good and workmanlike manner without the
attachment of any construction liens.
us cell lease JBW/jbw 3
10/27/99
6. Installation of Equipment.
a
T essee shall have the right_ at its sole cost and expense, to install, operate
and maintain its Wireless Telecommunication Antennae Facility on the Premises,
as described on Exhibit C, in accordance with good engineering practices and
with all site standards, statutes, ordinances, rules and regulations now in effect or
that may be issued thereafter by the Federal Communications Commission or any
other governing bodies.
b. Lessee's installation of such a Wireless Telecommunication Antennae
Facility
9 „, 1 1_ T t
Facility shall be done according to pians approved by Lessor, whose approval
shall not L _ .,L,_. withheld. _l A n . done the during
5S1a11 be L1S1IG21SVi1tiU1� WSL1ll1Gl:i. t91Sy damage to Tower during
installation and/or operations shall be repaired or replaced immediately at Lessee's
expense and to Lessor's reasonable satisfaction.
7. Equipment Upgrade. Lessee may update or replace the antennae from time to
time.
8. Maintenance.
a. Lessee shall, at its own expense, maintain the Premises and any equipment
on or attached to the Premises in a safe condition, in good repair, and in a manner
suitable to Lessor so as not to conflict with the use of, or other leasing, of the
Tower by Lessor. Lessee shall not interfere with the use of the Tower, related
facilities or other equipment of other lessees.
b. Lessee shall have sole responsibility for the maintenance, repair and
security of its equipment, personal property, leasehold improvements, and
directional antennae, equipment building, connecting cables, and appurtenances of
the Wireless Telecommunication Antennae Facility, and Lessee shall keep the
same in good repair and condition during the term of the Lease, and as such Lease
terms may be renewed and extended.
c. Lessee shall keep the Premises free of debris and anything of a dangerous,
noxious or offensive nature or which would create a hazard or undue vibration,
heat, noise, or interference.
d. In the event the Lessor or any other lessee undertakes painting,
construction, repairs or other alterations on the Tower, Lessee shall take
reasonable measures at Lessee's cost to cover Lessee's equipment, personal
property, leasehold improvements, and directional antennae, equipment building,
connecting cables, and appurtenances of the Wireless Telecommunication
Antennae Facility and protect such from paint and debris fallout which may occur
during the painting, construction or alteration process. Lessor shall notify Lessee
at least thirty (30) days prior to any construction, painting, repair or other
us cell lease. JBW/jbw 4
10/27/99
alterations begun by Lessor or any other lessee, unless said painting, construction,
repair or alterations must be made on an emergency basis, in which case Lessor
shall notify Lessee as soon as practicable. Unless resulting from negligent actions
or omissions of, or willful misconduct of, Lessor, its employees, agents or
contractors, Lessor shall not be liable for any damage incurred by Lessee from
such painting, construction, repair or alterations.
9. Premises Access. Lessee shall have 24-hour/7-day access to the Premises to
install, operate, repair and maintain its Wireless Telecommunication Antennae Facility.
In the event of a conflict between lessee's and lessor's or a Protected User's need to
access, all disputes shall be determined at the sole discretion of lessor.
10. Utilities. Unless the Premises is immediately adjacent to public rights-of-way for
ingress, egress, and utilities, Lessor hereby grants to Lessee and any utility companies all
necessary access and utility easements per survey to be approved by all parties.
Lessee shall, at its expense, separately meter charges for the consumption of
electricity and other utilities associated with its use of the Premises and shall timely pay
all costs associated therewith.
11. RF Interference.
a. Non-interference by Lessee. The Wireless Telecommunication Antennae
Facility shall be installed and operated in a manner, which does not cause radio-
frequency interference ("RF interference") to the operations of any Protected
User. "Protected User" shall mean any existing user or lessee of the Premises
listed on Exhibit D attached hereto, which Lessor hereby warrants to Lessee is an
accurate listing of the frequencies, orientation, placement, height, location, and
description of all existing antennae, transmitters, receivers, or other radio or
electronic transmitting or receiving equipment located on the Premises. Lessee
agrees to immediately cure any such RF interference caused to a Protected User
by Lessee's equipment or, if such RF interference cannot immediately be cured, to
temporarily reduce power or cease the offending operations, if so demanded by
Lessor on the ground of RF interference, until a cure at full power is achieved.
b. Non-interference by Lessor. Lessor covenants to use Lessor's best efforts
to protect Lessee from RF interference caused or potentially caused by subsequent
users or lessees of the Premises or changes in its use. Except for the Protected
Users, Lessor, and its successors and assigns, shall not use, allow or permit the
Premises to be used in any manner which will materially impair the use of the
Wireless Telecommunication Antennae Facility hereafter erected or located upon
the Premises by Lessee or allow any use in any way as shall cause any destructive
or conflicting interference with the radio, telephone, or communications signals to
and from the facilities or equipment of Lessee. If any harmful RF interference
shall result from any such transmitters, equipment, antennae, or dishes permitted
on the Premises by Lessor, other than the Protected Users, to the facilities or
us cell lease. JBW/jbw 5
10/27/99
equipment of Lessee installed on the Premises, then Lessor shall immediately
cause such transmitter, equipment, antennae or dish to be discontinued from
operation until such interference is eliminated. If Lessor cannot eliminate such RF
interference T.PCCPP may terminate this Lease in accordance with Section 18
herein.
c. The Lessor does not wish to be responsible, due to laws requiring equal
access, to make alterations or additions to the existing facility, Lessor does not
wish to be placed in the position of defending Lessee or others right to use the
tower or site. In the event that a third party, not a Protected User under this
agreement, insists upon the right to access, is entitled to access as a mater of law,
and such access can not be reasonably accommodated on or by the existing tower
or site, or without, on the existing tower or site, causing destructive or conflicting
interference with Lessee's radio, telephone, or communications signals and if the
third party is not required, or willing if not required, to make alterations to the
existing tower so as to make the tower usable by Lessee, Lessor and Protected
Users, the Lessor shall have the option to terminate this agreement upon 30 days
notice, in which case Lessor shall have no further obligations to Lessee by virtue;
directly, indirectly or consequentially; of this agreement.
12. Monetary Default by Lessee. Lessee shall be in default of this Lease if Lessee
fails to make a payment of rent, or any other sums, when due and such failure continues
for ten (10) days after Lessor notifies Lessee in writing of such failure.
13. Non -monetary Default by Lessee. If Lessee fails to comply with any non -
monetary provision of this Lease which Lessor claims to be a default hereof, unless
provided otherwise in this Lease, Lessor shall serve written notice of such default upon
Lessee, whereupon a grace period of 30 days shall commence to run during which Lessee
shall undertake and diligently pursue a cure of the default. Such grace period shall
automatically be extended for an additional 30 days, provided Lessee makes a good faith
showing that efforts toward a cure are continuing.
14. Cure or Termination by Lessor. In the event of any default of this Lease by
Lessee, the Lessor may at any time, after giving notice, cure the default for, and at the
expense of, the Lessee. If Lessor is compelled to pay, or elects to pay, any sum of money
or incurs any expense, the sums or expenses so paid by Lessor, with all interest, costs,
damages and reasonable attorney fees, shall be deemed Additional Rent due from the
Lessee to Lessor payable with the next annual payment of rent according to the schedule
of payments as outlined in Section 3(b) hereof.
In the event of default of this Lease by Lessee, or if Lessee loses its FCC license
for any reason, including, but not limited to, non -renewal, expiration, or cancellation,
Lessor shall have the right, at its option, in addition to and not exclusive of any other
remedy Lessor may have by operation of law, without any further demand or notice, to
re-enter the Premises and eject all persons therefrom, and terminate this Lease. Lessor
shall give Lessee sixty (60) days notice of its exercise of its right of termination of this
us cell lease. r;;W/jbw 6
10/27/99
Lease. Such notice of termination shall be given to Lessee in writing by certified mail,
return receipt requested, and shall be effective upon receipt of such notice. All prepaid
rent payments received by Lessor from Lessee shall be retained by Lessor. Upon such
termination, this Lease shall become null and void and the parties shall have no further
obligations to each other. In the event of termination, Lessee shall remove the Wireless
Telecommunication Antennae Facility in accordance with Section 4(c) hereof. Re-entry
and taking of possession of the Premises by Lessor shall be construed as an election on
Lessor's part to terminate this Lease.
15. Lessee's Conditions Precedent. This Lease and Lessee's obligations hereunder,
including the obligations to pay rent, are expressly conditioned upon and subject to the
following:
a. Lessee must receive all necessary local, state, and federal governmental
approvals relating to Lessee's intended use of the Premises; Lessor agrees to
cooperate with Lessee in obtaining all such approvals;
b. Lessee's technical reports must establish to Lessee's exclusive satisfaction
that the Premises are capable of being suitably engineered to accomplish Lessee's
intended use of the Premises;
c. Lessee's title insurer must determine that Lessor owns good and clear
marketable title to the land underlying the Premises, and that such title is free
from encumbrances and restrictions which would interfere with Lessee's intended
use of the Premises or would impair Lessee's ability to pledge the leasehold estate
as collateral to secure debt financing.
16. Abatement of Rent Pending Conditions. Lessee shall have no obligation to pay
rent until all the Conditions Precedent have been satisfied or waived, and rent which
would otherwise be due for the intervening time pending satisfaction of the Conditions
Precedent is hereby excused and forgiven.
17. Option to Terminate. Lessee shall have the unilateral right to terminate this Lease
at any time by giving written notice to Lessor of Lessee's exercise of this option. Upon
such termination, Lessee shall remove the Wireless Telecommunication Antennae
Facility in accordance with Section 4(c) hereof.
18. Alteration, Damage or Destruction. If the Tower or any portion thereof is altered,
damaged or destroyed, through no fault or negligence of Lessee, so as to materially
hinder effective use of the Wireless Telecommunication Antennae Facility, Lessee may
elect to terminate this Lease, without paying Additional Rent to Lessor, upon thirty (30)
days written notice to Lessor. In such event, Lessee shall remove the Wireless
Telecommunication Antennae Facility from the Premises in accordance with Section
4(c), less any alteration, damage or destruction hindering effective use of the Tower. This
Lease and Lessee's obligations hereunder shall terminate upon Lessee's fulfillment of
Section 4(c).
us cell lease. JBW/jbw 7
10/27/99
19. Indemnification
Lessee agrees to hold Lessor harmless, indemnify it, and. at Lessor's option,
defend it from and against all liability, damages, losses, costs, causes of action, charges
and expenses, including reasonable attorney fees, which Lessor may sustain, incur or be
liable for arising out of or related to Lessee's use or occupancy of the Premises and its
facilities,
Lessee acknowledges, that Lessee may sustain substantial consequential damages
if damage to the tower or the equipment on the premises or the access easement parcel
occurs or its use is interrupted. Because of these substantial, potential damages, Lessee
covenants with
T that i event and/or circumstances Lessor, its
LGJ`uUl in no and/or under no erir 6�i!ld AdJ 4sLAdbwo shall �s.,aovx, or its
officers, directors, members, or employees, be liable to Lessee or to any other person or
entity for consequential damages relating to or arising out of Lessee's use and/or
occupancy of the premises or the access easement parcel, regardless of whether those
consequential damages arise out of, relate to, or are caused by Lessor's negligent actions
or omissions.
20. Insurance. Lessee shall continuously maintain in full force and effect a policy of
commercial general liability insurance with limits of One Million Dollars ($1,000,000)
covering Lessee's work and operations upon Lessor's Premises, and shall cause Lessor to
be added to such policy as an additional insured to the extent required of this Lease.
Lessee shall provide Lessor annually with a certificate of insurance evidencing the
requirements of this paragraph and the first such certificate shall be provided only after
Lessee receives all governmental approvals but prior to the entry on the Premises of
Lessee's agents for testing purposes.
21. Environmental Warranty. Lessee hereby represents and warrants that its use of
the Premises herein will not generate or dispose of any hazardous substance on the
Premises, and, with the exception of batteries, it will not store on or transport to, or over,
the Premises any hazardous substance. Lessee further agrees to hold Lessor harmless
from, and indemnify Lessor against, any release of any such hazardous substance and any
damage, loss, expense or liability resulting from such release including all attorneys' fees,
costs and penalties incurred as a result thereof, except any release caused by the
negligence of Lessor, its employees or agent. "Hazardous substance" shall be interpreted
broadly to mean any substance or material defined or designated as hazardous or toxic
waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other
similar term by any federal, state or local environmental law, regulation or rule presently
in effect or promulgated in the future, as such laws, regulations or rules may be amended
from time to time; and it shall be interpreted to include, but not be limited to, any
substance which after release into the environment will or may reasonably be anticipated
to cause sickness, death or disease.
us cell lease. BW/jbw 8
10/27/99
22. Subordination. Lessee agrees to subordinate this Lease to any mortgage or trust
deed which may hereafter be placed on the Premises, provided such mortgagee or trustee
thereunder shall ensure to Lessee the right to possession of the Premises and other rights
granted to Lessee herein so long as Lessee is not in default beyond any applicable grace
or cure period, such assurance to be in form reasonably satisfactory to Lessee. If
requested by Lessee, Lessor agrees to use Lessor's best efforts to assist Lessee in
obtaining from any holder of a security interest in the land underlying the Premises a non-
disturbance agreement in form reasonably satisfactory to Lessee.
23. Acceptance of Premises. By taking possession of the Premises, Lessee accepts
the Premises in the condition existing as of the Commencement Date. Lessor makes no
representation or warranty with respect to the condition of the Premises and Lessor shall
not be liable for any latent or patent defect in the Premises.
24. Estoppel Certificate. Upon at least ten (10) days prior written notice from Lessor,
Lessee shall deliver to Lessor a written statement certifying that (i) the Lease is
unmodified and in full force, or if the Lease has been modified, that the Lease is in full
force as modified and the modifications are then identified; (ii) the dates to which rent
and other charges have been paid; (iii) so far as the certifying party knows, Lessor is not
in default under any provisions of the Lease; and (iv) such other matters as Lessor may
reasonably request.
25. Notices. All notices and correspondence shall be sent to the following:
Lessor:
Communications Manager
City of Yakima, Washington
200 S. 3rd St.
Yakima, Washington 98901
Lessee:
United States Cellular Corporation
Attn: Real Estate
8410 West Bryn Mawr Avenue
Suite 700
Chicago, Illinois 60631
cc: United States Cellular Corporation
7600 NE 415f Street, Suite 325
Vancouver, Washington 98662
26. Assignment of Lease by Lessee. This Lease and the Premises hereunder are
assignable by the Lessee to the following: (i) any person or business entity which is a
parent, subsidiary or affiliate of Lessee; (ii) any person or business entity which controls
or is controlled by or under a common control with Lessee; (iii) any person or business
entity which is merged or consolidated with Lessee; or, (iv) any person or business entity
which purchases a majority or controlling interest in the ownership or assets of Lessee.
Any assignment of this Lease and the Premises hereunder by the Lessee shall not occur
without the Lessor's consent, which consent shall not be unreasonably withheld. Lessee's
right to effect an outright transfer of the Premises, and the right of any collateral assignee
to seize the Premises as defaulted security, is subject only to the limitation that the
us cell lease. JBW/jbw 9
10/27/99
Premises shall be used for the purposes permitted herein. Lessee shall notify Lessor in
writing of the name and address of any assignee or collateral assignee.
27. 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.
28. Entire Agreement. This Lease constitutes the entire agreement between the
parties and supersedes any prior understandings or oral or written agreements between the
parties respecting the within subject matter.
29. Modifications. This Lease may not be modified, except in writing signed by the
party aga111JL 1M11V111 such modification is sought to UI. enforced.
30. Non -Waiver. Failure of Lessor or Lessee to insist on strict performance of any of
the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights
hereunder shall not waive such rights, but each party shall have the rights to enforce such
rights at any time and take such action as might be lawful or authorized hereunder, either
in law or equity. The receipt of any sum paid by one party to the other after a breach of
this Lease shall not be deemed a waiver of such breach unless expressly set forth in
writing.
31. Property Taxes.
a. Lessee shall pay any personal property taxes assessed on, or any portion of such
taxes attributable to, the Wireless Telecommunication Antennae Facility. Lessee
shall pay, as additional Rent, any increase in real property taxes levied against the
Premises which is directly attributable to Lessee's use of the Premises, and Lessor
agrees to furnish proof of such increase to Lessee.
b. Lessor's requests to Lessee for contribution or reimbursement of property
taxes should be addressed to USCe1I, P.O. Box 31369, Chicago, IL 60631-0369.
All requests must be accompanied by a copy of Lessor's tax bill. Lessee shall
comply with requests for contribution by issuing a check for Lessee's
proportionate share made payable to the tax collector. Lessee shall comply with
requests for reimbursement by issuing a check to Lessor, provided that a paid tax
receipt accompanies such request.
c. Lessee shall have the right, but not the obligation, to pay Lessor's real estate
taxes on the underlying land if the same become delinquent, to ensure that
Lessee's leasehold interest does not become extinguished. Lessee shall be entitled
to take a credit against rent for the portion of Lessor's taxes which it was not
Lessee's obligation to pay, as such amount shall reasonably be substantiated.
us cell lease. JBW/jbw 10
10/27/99
32. Headings. The headings of this Lease are for convenience only and shall not be
considered as part of the Lease for purposes of construction of the terms and conditions
hereof.
33. Condition Subsequent. Lessor's obligations under this Lease shall expire on May
3, 2000, unless by that date and no later, Lessee begins paying rent. Upon such
expiration, without the first rental payment being made by Lessee, this Lease shall
become null and void, and neither Lessor nor Lessee shall have any further obligations
thereunder.
34. Choice of Law. This Lease shall be construed in accordance with the laws of the
State of Washington.
35. Severability. If any section, subsection, term or provision of the Lease or the
application thereof to any party or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of said section, subsection, term or provision of the Lease
or the application of the same to parties or circumstances other than those to which it was
held invalid or unenforceable, shall not be affected thereby and each remaining section,
subsection, term or provision of this Lease shall be valid or enforceable to the fullest
extent permitted by law.
END OF AGREEMENT
[Signature Page Follows Next]
us cell lease. JBW/jbw 11
10/27/99
Signature Page
IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground
Lease as of the day and year first above written.
LESSOR:
The City of Yakima, Washington
By: �v'$
R.A. Zais, Jr. City Manager
LESSEE:
ATTEST:
By: t a -h,, ie&---eLe
c�L�J
Karen S. Roberts ,City Clerk
YAKIMA MSA LIMITED PARTNERSHIP, a Delaware limited partnership,
by United States Cellular Operating Company of Yakima, a Washington corporation, its
general partner
By:
David A Nichols
Director of Network Operations
West Region
United States Cellular
Wireless Communications
City Contract No. 99-121
Resolution N o . R-99-141
us cell lease. JBW/jbw 12
10/27/99
ACKNOWLEDGEMENTS
STATE OF WASHINGTON )
) ss:
COUNTY OF YAKIMA
On this day of td veynioe i'' , 1999, before me a Notary Public in
for the ate of Washington, personally appeared R. A. Zais, Jr. and
tOtreit ( 6 S , to me personally known, who being duly sworn, did
say that they are the City Manager and City Clerk, respectively, of the City of Yakima,
Washington, a Municipal corporation, created and existing under the laws of the State of
Washington, and that the seal affixed to the foregoing instrument is the seal of said
Municipal corporation, and that said instrument was signed and sealed on behalf of said
Municipal corporation by authority and resolution of its City Council and said City
Manager and City Clerk acknowledged said instrument to be the free act and deed of said
Municipal corporation by it and by them voluntarily executed.
STATE OF WASHINGTON )
) ss:
COUNTY OF LININ )
Notar1 Publy _
My commission expires: 5 '6P 0 6)
I, the undersigned, a notary public in
and for the State and County aforesaid, do hereby certify that Davis A. Nichols, a
Director of Network Operations for United States Cellular Wireless Communications,
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 YAKIMA
MSA LIMITED PARTNERSHIP, a Delaware limited partnership, by United States
Cellular Operating Company of Yakima, a Washington corporation, its general partner,
for the uses and purposes therein stated.
Given under my hand and seal this day of , 1999.
us cell lease. JBW/jbw 13
10/27/99
EXHIBIT A
Legal Description of The Owned Premises
Parcel "A":
That part of the Northwest V4 of the Northeast 1 of Section 22, Township 13 North, Range
18 E.W.M., bounded as follows:
Beginning at the North 1A corner of said Section; thence South 89°20' East along the North
line of subdivision 416.60 feet; thence South, reference meridian parallel with the West
said oases......,..... ��-'-' feet; -,
line of said subdivision 25.00 feet; thence South 62°32' East 62.60 feet to the Northwest
corner of Tract 9, CRESCENT HILL HALF ACRE TRACTS, according to the plat thereof
recorded in Volume "E" of Plats, Page 33, records of Yakima County, Washington, which
plat has been vacated; thence South along the West line of said Tract 9 and the Southerly
extension thereof 311.27 feet to the centerline of vacated Crescent Avenue; thence West
along the centerline of vacated Crescent Avenue 472.12 feet to the West line of said
subdivision; thence North 369.99 feet to the point of beginning;
EXCEPT the North and West 25.00 feet thereof for road;
AND ALSO EXCEPT the south 30 feet for road.
Parcel "B":
The North 1 of vacated Crescent Avenue accruing to Lots 1 through 8 of the vacated plat of
CRESCENT HILL HALF ACRE TRACTS;
AND
The South 10 feet of Lots 1 through 8 of vacated plat of CRESCENT HILL HALF ACRE
TRACTS.
Situated in Yakima County, State of Washington.
10
L
z.
35.
43
45
50
- 1s_
aiwse3'a6
-
Sp
Valves at
17
•
EXHIBIT B
Site Plan/Legal Description of The Premises
-20 _ - -3s^40
f- 'I ._-
Spmsklas
Bo
t1
•
1
_� _ 25
30
I
3S
4Q
45
10 15 - 20— 25
35 - 40 45 -- 50 55 - 60 _ 65 -- •- 70
6)lamWO
Qo
Equipment to be Place on The Premises
0
6
z
10.1
44
a.
12 .. PANEL ANTENNAS
At TOMER TIP
INV
L. 12° x 20° Communications
Shelter
/11411.1.i L► i
..-=
Erma 61iUC1unt RAIi rAP.l PEC d U°ONIZiD DITIE 1OTS
ACTA41s1A1tA LOCATED Al Die Eta BiIE StAXOL
eao o FADING
MAE pn) 03,11Am rawer. A•ilMIAS tAc too At tii®1 toek
a1E
(1) mot ANIMA touted Ar Se
LOADING_ MECHANICAL SPECOCAMOS
1�Iwa.
stnavue& sou PART p.15-111Wm laialitate latrettrar
UN MUM a allRlei MK ANIMA
ANTENNA MD j.OADrNG
Pia WSW& lie tral Ips or 1 solr_cessat. mix QisAOE P010
list IiMritiw SILL MUNK
NOKI
1. roam ascarar DES61EA
c{� 111AUTA 01 ' A0Oi e. (I fl lIt tillek I 1811MML
�4M TOWN A rile EAME 1014101 �R /j? I1E.
L 00E010 110011111014 elpoerol RIED /oe tq1CSIsela
91E DRAWING FOR
WA!UED STATE'S OLLUIAR
iitat tIOO SMR SWIM
173' itS661 L4R
Dammam
GAM c6/16/0O
CRAM 811 JAE
SNT 1 OF 1
EXHIBIT D
Protected Users of The Premises
Washington Oregon Wireless.
us cell lease. JBW/jbw 17
10/27/99
EXHIBIT E
Necessary Work Prior to Installation
1) Perform work required to relocate or terminate Lessor's existing irrigation
system at the location of the Leased area.
2) Prepare monopole tower for use, including complete painting, adding access
steps, adding safety line, grounding and other repairs required to make the
structure safe and in total working order.
us cell lease. BW/jb a✓ 18
10/27/99
MEMORANDUM
TO: Wayne Wantland
FROM: Linda Watkins
DATE: April 25, 2000
SUBJECT: Contract Follow -Up
Back in November of 1999 the City Council passed Resolution No. R-99-141
authorizing a Lease Agreement between the City of Yakima and U.S. Cellular
Wireless Communications to lease space at Fire Station Three for a cellular
communications site and monopole tower. The Agreement was signed by the
City Manager and sent to you to obtain U.S. Cellular's signature with a signed
original to be returned to the Clerk's office. To date we have not received that
signed original. Could you please advise what the status is on this agreement
and if you have the signed original, please forward it to us.
Thanks.
Aky-41-eiteee,"_ 6*- ehe-W
Ay7,(66 -!Li