HomeMy WebLinkAboutRes.2774.08-19-2013BILL NO. 13-115 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A TEMPORARY SITE LEASE AGREEMENT WITH NEW
CINGULAR WIRELESS, PCS, LLC, FOR PROPERTY LOCATED
AT 401 INDPENDENCE STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute a Temporary Site Lease Agreement with New Cingular
Wireless, PCS, LLC, for property located at 401 Independence
Street, in the City of Cape Girardeau, Missouri. The Temporary
Site Lease Agreement shall be in substantially the form attached
hereto as Exhibit A, which document is hereby approved by the
City Council, with such changes therein as shall be approved by
the officers of the City executing the same.
PASSED AND ADOPTED THIS DAY OF C" 2013.
ATTEST:
Gayle Conrad, City Clerk
Harry E. Rediger, Mayor
Site Name: Cape East Cow
Site No: MOU3342
TEMPORARY SITE LEASE
LANDLORD: City of Cape Girardeau, Missouri
TENANT: New Cingular Wireless PCS, LLC and its affiliates
TERM: August 20, 2013 through July 31, 2014
RENT: $750.00 per month (prorated for any partial month)
COMMENCEMENT DATE: August 1, 2013
PREMISES: Vacant property at the rear of 401 hidependence Street Cape Girardeau,
MO 63703 to install a temporary Cell On Wheels (COW) —See site plan
attached as Exhibit "A"
1. Lease of Site. During the Term hereof, Landlord hereby leases the described location of Landlord's
property (the "Property") at the Premises and grants to Tenant the right to install, operate and maintain at Tenant's
expense and risk, temporary communications transmitting and receiving equipment, including (without limitation)
antennas, poles, masts, transmission line(s), vehicles . and accessories (collectively, the "Equipment") at the
Premises. Tenant shall at all tunes have the unrestricted right to enter or leave the Premises with full and complete
access to its Equipment on a 24-hour, seven (7) day per week basis. At its discretion, Tenant may take at its expense
measures and precautions necessary to protect the Equipment.
2. Rent Fee. Within thirty (30) days after the date of this Lease, Tenant shall pay Landlord the Rent for
the first filll month of the Term plus, if the Term shall commence on a date other than the first day of a month, the
prorated Rent due for such initial partial month. The Rent for each subsequent month shall be due and payable in
full by not later than the first day of that month.
3. Extension of Term. None
4. Removal of Equipment and Site Condition. Except as set forth herein, Tenant takes the Premises as it
finds it and Landlord shall have no responsibility for its condition or any damage suffered by Tenant or any other
person due to such condition. Unless otherwise mutually agreed by the parties, Tenant shall remove all of the
Equipment prior to the end of the Term, and any extensions thereof, and shall leave the Premises in substantially the
same condition that existed as of the date of this Lease, ordinary wear and tear and occurrences for which Tenant is
not responsible hereunder, excepted.
5. Indemnification; No Consequential or Indirect Damages. Tenant shall indemnify and hold Landlord
harmless against any liability or loss from personal injury or property damage resulting from or arising out of the
use or occupancy of the Property by Tenant or its employees or agents, provided, however, Tenant shall have no
obligation to indemnify or hold harmless against any such liabilities and losses as may be due to or caused by the
acts or omissions of Landlord or its employees or agents. Landlord shall indemnify and hold Tenant harmless
against any liability or loss from personal injury or property damage resulting from or arising out of (1) the use or
occupancy of the Property by Landlord or its employees or agents or (2) contamination of the Property subsurface
LICENSE iv/Monthly Fee— 5-5-10
Site Name: Cape East Cow
Site No: MOU3342
or structures with hazardous substances; provided, however, Landlord shall have no obligation to indemnify or
hold harmless against any such liabilities and losses as may be due to or caused by the acts or omissions of Tenant
or its employees or agents. Except for the indemnity obligations set forth in this Agreement, and the requirements
of the special use permit, and otherwise notwithstanding anything to the contrary in this Agreement, Landlord and
Tenant each waives any claims that each may have against the other with respect to consequential, incidental or
special damages, however caused, based on any theory of liability. All indemnification obligations contained in
this agreement shall be paid solely from the proceeds of the parties' liability insurance covering that situation.
6. Operation of Equipment. Tenant will install, operate and maintain its Equipment in accordance with
applicable laws and regulations so as not to cause interference (as that term is defined in the rules and regulations of
the Federal Communications Commission), with any radio or television transmitting or receiving equipment whether
or not such equipment is located on the Premises. In the event that Tenant's Equipment causes interference with
other radio or television transmissions, Tenant will promptly take all reasonable steps necessary to correct and
eliminate the same. If Tenant is unable to eliminate the interference within a reasonable period of time, Tenant
agrees to remove the Equipment from the Premises and this Lease shall be terminated.
7. Assignment. Tenant shall have the right to assign this Lease to any present or fixture affiliate of
Tenant, with the consent of Landlord. Landlord and may grant to any such assignee the same rights and privileges
Tenant enjoys under this Lease.
S. Electrical Service/Telephone Service. Tenant agrees, at Tenant's sole cost and expense, to pay for the
electric service and fees needed for the operation of Tenant's equipment. Landlord agrees to grant the electric
utility company any necessary permission, including temporary easement, for the electric line and meter
installation, should the electric utility company require written permission or temporary easement.
9. Damage to Premises. If the Premises or any portion thereof is damaged for any reason so as to render
the Premises unusable for Tenant's intended purpose, Tenant may, at its option, elect to terminate this Agreement.
10. Notices. Any notice or demand required or permitted to be given or made hereunder shall be deemed
given when received. Notices may be sent by messenger delivery, overnight delivery, or by certified mail in a
sealed envelope, postage prepaid,
addressed in the case of Landlord to:
and addressed in the case of Tenant, to:
City of Cape Girardeau, Missouri
401 Independence Street
Cape Girardeau, MO 63703
Attn: City Manager
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: MOU3342; Cell Site Name: Cape East COW (MO)
Fixed Asset No: 10132936
575 Morosgo Dr. NE
LICENSE w/Monthly Fee— 5-5-10 2
Site Name: Cape East Cow
Site No: MOU3342
Suite 13-F West Tower
Atlanta, GA 30324
With a copy to Tenant's Regional Counsel:
New Cingular Wireless PCS, LLC
Attn.: Legal Department
Re: Cell Site #: MOU3342; Cell Site Name: Cape East COW (MO)
Fixed Asset No: 10132936
208 S. Akard Street
Dallas, Texas, 75202-4206
11. Waiver. Failure or delay on the part of Landlord or Tenant to exercise any right, power or privilege
hereunder shall not operate as a waiver thereof.
12. Prior Negotiations. This Lease constitutes the entire agreement of the parties hereto with respect to the
subject matter hereof and shall supersede all prior offers, negotiations and agreements.
13. Amendment. No revision of this contract shall be valid unless made in writing and signed by duly
authorized officers or representatives of Tenant and Landlord.
14. Landlord's Representations. Landlord represents and warrants that it owns or otherwise controls the
Premises during the Terin of this Lease and that Landlord has full authority to execute and deliver this Lease.
15. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the
State in which the Premises is located.
16. Special Use Permit. It is understood that Tenant will apply for a Special Use Permit (SUP) to install
the COW on Landlord's property. Landlord and Tenant's obligations hereunder shall be contingent upon the grant of
the SUP. If the SUP is denied, this agreement will not be deemed commenced and will become null and void
between Landlord and Tenant with no further obligations to each other. If the SUP is not granted prior to the
Commencement Date, either party shall have the right to terminate this Agreement upon written notice to the other
at any time prior to the SUP being granted.
IN WITNESS WHEREOF, the parties have executed this Lease as of the o2I day of
20 1,'
LANDLORD: TENANT:
City of Cape Girardeau Missouri
By:
Name:
Title: e417
LICENSE w/Monthly Fee— 5-5-10 3
New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation
Its Manager
By: -"Zil La
Name: —(e rpy,cru j3,1l&v
Title:_ A�- k 4'
Site Name: Cape East Cow
Site No: MOU3342
Exhibit A
Site Plan