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HomeMy WebLinkAboutRES.2130.12-19-2005BILL NO. 05-284 RESOLUTION NO. Q ; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANTENNA COLLOCATION LEASE AGREEMENT WITH ALAMOSA MISSOURI PROPERTIES, L.L.C., FOR A TELECOMMUNICATIONS TOWER AT 1157 SOUTH WEST END BOULEVARD, 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 an Antenna Collocation Lease Agreement with Alamosa Missouri Properties, L.L.C., for a telecommunications tower at 1157 South West End Boulevard, in the City of Cape Girardeau, Missouri. A copy of said Lease Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS � DAY OF 20�. Gayle L. C 3d, City Clerk 44; 11 ��� -- J y B. nudtson, Mayor SITE GROUND LEASE AGREEMENT This Lease Agreement ("Agreement") is entered into this 20 day of Q (VZ , 200 between Alamosa Missouri Properties, LLC, a Missouri limited liability company ("Lessee'), and City of Cape Girardeau, For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises Subject to the following terms and conditions, Lessor leases to Lessee a portion of the real property (the "Property') described in the attached Exhibit A. Lessee's use of the Property shall be limited to that portion of the Property, together with easements for access and utilities, described and depicted in attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises are located at 1157 South West End Boulevard in the county of Cape Girardeau, in the state of Missouri, and comprises approximately five thousand, six hundred, twenty-five (5,625) square feet. 2. Term The term of this Agreement shall be Five (5) years commencing not later than the 1st day of January, 2006 or the start of construction, whichever first occurs ("Commencement Date") and terminating on the Fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 17. Lessee shall have the right to extend the Term for four (4) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to exercise its option to renew at least ninety (90) days prior to the expiration of the then existing Term or Renewal Term. 3. Contingencies This Agreement is subject to the following contingencies: (a) Lessee shall obtain all governmental licenses, permits and approvals required for its use of the Premises. (b) Lessee may perform some or all of the following activities ("Permitted Activities"): surveys, geo- technical soil borings and analyses, Phase I environmental audits, boundary surveys, title searches, radio propagation studies and such other tests and inspections of the Property which Lessee may deem necessary or advisable, which studies SHALL NOT reveal obstructions, encroachments or defects which Lessee determines would interfere with Lessee's intended use of the Property. Lessor consents to Lessee, its employees, agents and independent contractors entering upon the Property and performing the Permitted Activities. Lessee agrees to repair any damage to the Property that might have been caused in connection with any of the Permitted Activities. 4. Rent Within 15 days of the Commencement Date and annually thereafter, Lessee will pay rent in advance in annual installments of ten thousand, eight -hundred and 00/100 dollars ($10,800.00) until increased as set forth herein. Rent for any fractional year at the beginning or at the end of the Term or Renewal Term shall be prorated. Rental payments for each Renewal Term shall be increased at the commencement of such Renewal Term by ten percent (10%) over the annual rental payment for the immediately preceding Term or immediately preceding Renewal Term, as applicable. 5. Use The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. Site No.: ST04RW697 Lessor: Rev.Date: 02/15/01—Alamosa6.doc Lessee: 6. Facilities: Utilities: Access (a) Lessee has the right to erect, maintain and operate on the Premises a telecommunications facility, including without limitation, an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Lessee Facilities"). Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. The final plans shall be deemed approved with the issuance of the city issued building permit After approval, the plans shall be considered incorporated in this Agreement as Exhibit `B". Notwithstanding any other provision to the contrary, Lessee shall have the right to approve the plans and supervise the work of any future third party carrier ("Future Carrier") co -locating on the Premises. (b) Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided Lessee repairs any damage to the Premises caused by such removal. Lessor waives any lien rights it may have concerning the Lessee Facilities. Lessor acknowledges that Lessee may now or in the future enter into financing arrangements with financing entities for the financing of the Lessee Facilities (the "Collateral") with a third parry financing entity. In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings ("Lessor Consents"). Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than three (3) feet below grade level. This installation and maintenance easement shall expire on the termination of this agreement. (c) Lessee shall pay for the electricity it consumes in its operations. Lessee shall have the right to submeter electricity and other utilities separately from the existing utilities on the Property. Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service. Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility company, and shall run with the Term and Renewal Terms of the Agreement. (d) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Property described in Exhibit B. (e) Lessor acknowledges that Lessee has or will enter into certain financial arrangements with Citicorp USA, Inc. ("Citicorp"), with its address being Two Penns Way, Suite 200, New Castle, Missouri 19720, Attn: Bilal Aman as administrative agent and collateral agent for itself and various other various other lenders ("the Lenders"), also collectively referred to as ("Mortgagee") and in connection therewith the Lenders will take a security interest in certain equipment and the products and proceeds thereof (collectively "the Collateral") to be installed upon the Premises. Lessor acknowledges and represents that the Lessor Consents shall inure to the benefit of Lessee, Citicorp, the Lenders and any replacement or refinancing lenders and their successors and assigns for so long as the Lease Agreement remains in effect. 7. Interference Lessee shall not use the Premises in any way which interferes with the use of the Property by Lessor, or tenants or licensees of Lessor, with rights to the Property prior in time to Lessee's (subject to Lessee's rights under this Agreement, including non-interference). Similarly, Lessor shall not use, nor shall Lessor permit its tenants, licensees, employees, invitees or agents to use any portion of Lessor's properties Site No.: ST04RW697 Lessor: Rev.Date: 02/15/01 — Alamosa6.doc Lessee: in any way which interferes with the operations of Lessee. Such interference shall be deemed a material breach by the interfering party, who shall, upon notice from the other, be responsible for terminating said interference. In the event any such interference does not cease within twenty-four (24) hours of receipt of notice, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring action to enjoin such interference or to terminate this Agreement immediately upon notice. 8. Taxes Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Lessee Facilities. Lessor shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. 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 following proof of such increase to Lessee. 9. Insurance Lessee will provide Commercial General Liability Insurance in an amount coextensive with the sovereign immunity limits for political subdivisions established under Missouri law, but in no event, shall that insurance be less than $2,000,000.00. The Lessor shall be named as an additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Lessee may maintain. 10. Hold Harmless Lessee agrees to defend, indemnify and hold Lessor harmless from claims arising from the installation, use, maintenance, repair or removal of the Lessee Facilities, except for claims arising from the negligence or intentional acts of Lessor, its employees, agents or independent contractors. Lessor agrees to defend, indemnify and hold harmless Lessee from any and all claims arising from the use of the Property excluding the Premises by Lessor, Lessor's agents, assigns and permittees or by third parties. ll. Condemnation. (a) If the Premises shall be acquired by the right of condemnation or eminent domain for any public or quasi-public use or purpose, or sold to a condemning authority under a threat of condemnation, then the term of this Agreement shall cease and terminate as of the date of title vesting in such proceeding (or sale), and all rentals shall be paid up to that date. (b) In the event of any condemnation, taking, or sale, whether whole or partial, Lessor and Lessee shall be entitled to receive and retain such separate award and portions of lump sum awards as may be allocated to their respective interests in any condemnation proceedings, or as may be otherwise agreed. Termination of this Agreement shall not affect the right of the parties to such awards. 12. Assienment and Sublettine (a) Lessee may assign, all or any part of its interest in this Agreement or in the Premises without the consent of but with prior written notice to Lessor subject to the assignee assuming all of Lessee's obligations herein and subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 6 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 6 above. Lessee may, without Lessor's consent, sublet or license all or any portion of the Premises to one or more entities for collocation purposes. (b) Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without Lessor's consent Lessee's interest in this Agreement to any financing entity, or agent on behalf of any financing entity (hereafter, collectively referred to as "Mortgagees") to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in Site No.: ST04RW697 Lessor: Rev.Date: 02/15/01—Alamosa6.doc Lessee: respect of guaranties thereof. Lessee shall given written notice to Lessor of any such assignment, mortgage, pledge or transfer of Lessee's interest in this Agreement, however, no such assignment, mortgage, pledge or transfer given by Lessee shall create any interest in any property belonging to Lessor. (c) Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee, except that a cure period for any Mortgagee shall not be less than ten (10) days after the receipt of the default notice. If a termination, disaffirmance or rejection of the Agreement by Lessee pursuant to any laws (including any bankruptcy or insolvency laws) shall occur, or if Lessor shall terminate this Agreement for any reason, Lessor will give to the Mortgagees the right to enter upon the Premises during a thirty (30) day period commencing upon the Mortgagees' receipt of such notice for the purpose of removing Lessee's Facilities. Lessor acknowledges that any Mortgagees shall be third -party beneficiaries of this Agreement. 13. Warranty of Title and Ouiet Enjoyment Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions other than those of record; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Both parties agree that Lessor may subject its interest in the Premises to a mortgage loan, provided that any such lender shall agree to be bound by the terms of this Agreement, and such lender shall not disturb Lessee's use or possession of the Premises in the event of a foreclosure of such lien and shall not join Lessee as a party defendant in any such foreclosure proceedings, so long as Lessee is not in default under the terms of this Agreement. 14. Repairs Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6 above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 15. Notices All notices, requests, demands, rent payments and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addressed: If to Lessor, to: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Attn: Douglas K. Leslie — City Manager Tel. 573-334-1212 with a copy to: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Attn: W. Eric Cunningham — City Attorney Site No.: ST04RW697 Rev.Date: 02/15/01—Alamosa6.doc If to Lessee, to: Alamosa Missouri Properties, LLC P.O. Box 64840 Lubbock, Texas 75240 Attn: Kelly Alderman, Leasing Administrator Tel: (806) 722-2822 Steven A. Portnoy, Attorney at Law 15851 North Dallas Parkway, Suite 500 Dallas, Texas 75001 Tel. (972) 308-8510 Lessor: Lessee: 16. Hazardous Materials Lessee represents, warrants and covenants to Lessor that Lessee shall at no time during the Term and any Renewal Term of this Agreement use or permit the Premises to be used in violation of any Environmental Regulations. Lessee shall not introduce any Hazardous Materials onto the Premises, except for those contained in its back-up power batteries, propane and such other properly stored, reasonable quantities of common materials used in its telecommunications operations. Lessor represents, warrants and covenants that the Premises and Property have not been used for the generation, storage, treatment or disposal of Hazardous Materials. In addition, Lessor represents, warrants and covenants that no Hazardous Materials or underground storage tanks are located on or near the Premises or Property. During the Term and any Renewal Term, Lessor shall handle, store and dispose of all Hazardous Materials it brings onto the Premises in accordance with all federal, state and local laws and regulations, and shall impose on any lessee, licensee or other party using any portion of the Property the same obligations. If Hazardous Materials are deposited as a result of any act or omission of Lessor, Lessee shall have the right to terminate this Agreement, and Lessor shall indemnify and hold Lessee harmless from any and all claims arising out of such Hazardous Materials or under any Environmental Regulations, which indemnity shall survive the termination of this Agreement. For the purposes of these provisions, "Hazardous Materials" means any chemical, pollutant or waste that is presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulations. As used herein, "Environmental Regulations" shall mean all laws, statutes, regulations and judicial interpretations of the United States and the State where the Premises are located or either of them which relate to the prevention or elimination of pollution or the protection of the environment. 17. Defaults and Remedies. This Agreement may be terminated on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term thereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) business days from receipt of written notice, and, provided further that any non -monetary default which cannot be cured within such sixty (60) day period shall not be a default hereunder so long as such defaulting party diligently proceeds to cure such default upon receipt of notice thereof; or (ii) by Lessee for any reason or no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) after the Commencement Date by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. In the case of any default under this provision by either party, notice of such default shall be given to all subtenants (carriers) of the Lessee. 18. Miscellaneous (a) This Agreement applies to and binds the heirs, successors, executors, personal representatives, administrators and assigns of the parties to this Agreement. (b) This Agreement is governed by the laws of the State in which the Premises are located. (c) Lessor agrees promptly to execute and deliver to Lessee a recordable Memorandum of this Agreement in the form of Exhibit C; Lessor acknowledges that any Mortgagees of Lessee, in order to protect such Mortgagees' interests with respect to Lessee's interests in this Agreement and Lessee's Facility, may file or record such documentation as is normal and customary in order to protect the interest of such Mortgagees. (d) Lessor agrees to use its best efforts to obtain a Subordination, Non -disturbance and Attornment Agreement in the form attached as Exhibit D hereto. (e) This Agreement (including the Exhibits) constitutes the entire agreement between the parties Site No.: ST04RW697 Lessor: } Rev.Date: 02/15/01—Alamosa6.doc Lessee: and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties. (f) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. (g) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. (h) Lessee agrees to reserve one of the available radome covered carrier locations on tower and space within the fenced premises for the use of Lessor's communications system at a mutually agreed upon location and with no associated rental fee to Lessor. Approval of location not to be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: City of Cape Girardeau, Missouri By: Name: Dougl4sK. Leslie LESSEE: Alamosa Missouri Properties, LLC a Missouri limited liability company B: Y Name: Charles B. Sherwood Title: City Manager Title: Director of Site Development Date: Tax I.D. (4S— uco J ej3 Site No.: ST04RW697 Rev.Date: 02/15/01— Alamosa6.doc Date: Lessor: Lessee: EXHIBIT A DESCRIPTION OF LAND to the Agreement dated , 200, by and between the City of Cape Girardeau, as Lessor, and Alamosa Missouri Properties, LLC, a Missouri limited liability company as Lessee. The Land is described and/or depicted as follows (metes and bounds description): Parent Parcel Description: Part of outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri. Lease Tract Description: A tract of land located in outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri, more particularly described as follows: Commencing at the Southeast corner of said outlot 53; THENCE, N83005'26"W, 53.31 feet; THENCE, N06054'34"E, 557.47 feet, to the POINT OF BEGINNING; THENCE, N62008'27"W, 75.00 feet; THENCE, N27051'33"E, 75.00 feet; THENCE, S62008'27"E, 75.00 feet; THENCE, S2705 1'33"W, 75.00 feet, to the POINT OF BEGINNING. 20' Access/Utility Easement: A strip of land 20 feet in width being 10 feet on each side of the following described centerline located in outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri, more particularly described as follows: Commencing at the Southeast corner of the above described lease tract; THENCE, N27051'33"E, 37.50 feet, to the POINT OF BEGINNING; THENCE, N83035'56"E, 20.91 feet; THENCE, N15000'54"E, 32.96 feet; THENCE, N68018'37"E, 16.05 feet, to a point on the west right-of-way line of West End Blvd, for a terminus. Site No.: ST04RW697 Lessor: _ Rev.Date: 02/15/01— Alamosa6.doc Lessee: Ia.14:1: 011M:3 DESCRIPTION OF PREMISES to the Agreement dated , 200_, by and between the City of Cape Girardeau, as Lessor, and Alamosa Missouri Properties, LLC, a Missouri limited liability company as Lessee. The Premises are described and/or depicted as follows: Notes: 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. Site No.: ST04RW697 Lessor: �✓ Rev.Date: 02/15/01 — Alamosa6.doc Lessee: _ EXISTING TELCO PEDESTALEXISTING POWER POLE (TY?) I I g I �1 i! rl NEW 20' -WIDE EASA PCS i ¢, ACCESS/UTILITY lY FASEMENi� � I i�I NEW 12' 1 -WIDE I I 1 EXISTING ROAD (1YP) GRAVEL ACCESS DRIVE 1 i TOP OF EXISTING SLOPE (NP)I 1 I EXISTING OHU (TMP) I NEW (75'X15') ALAMOSA PCS LEASE AREA I ' EXISTING 20' -WIDE DBL SWING GATE NEW GRAVEL COMPOUND I (ALAMOSA PCS TO REPLACE AS REQUIRED) NEW HAMOSA PCS EQUIPMENT ' (AF/180) ON EQUIPMENT PLATFORM (AF/Cn Y/ ` j ! I NEW CHAIN-LINK FENCE (75'z751 / j EXISTING GRAVEL PULL -OFF I NEW TREEUNE (TMP) _ I NEW 150' FLAGPOLE (DESIGN BY OTHERS) I NEW GRAVEL TURN -AROUND EXISTING FENCE ! I I 1 E)RifiNC SECTION OF FENCE TO BE REMOVED a• T �I 1 ' T If ' t I I SITE PLAN SCALE: 1'-40' —'�--�--.�-- 1 EXISTING PROPERTY 1 UNE (TYPJ I 40 — � �'� 40 0 1 ns40. tW _� Notes: 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. Site No.: ST04RW697 Lessor: �✓ Rev.Date: 02/15/01 — Alamosa6.doc Lessee: EXHIBIT C MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Alamosa Missouri Properties, LLC P.O. Box 64840 Lubbock, Texas 79464-4840 Attn: Kelly Alderman, Leasing Administrator Tel: (806) 722-2822 This Memorandum of Agreement is entered into on this _ day of , 200_, by and between the City of Cape Girardeau, (hereinafter referred to as "Lessor") and Alamosa Missouri Properties, LLC , with an office at P.O. Box 64840, Lubbock, Texas 79464-4840 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Agreement ("Agreement") on the _ day of 200_, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for Five (5) years commencing not later than the 1st day of January, 2006 or the start of construction, whichever first occurs ("Commencement Date"), and terminating on the fifth (5t') anniversary of the Commencement Date with Four (4) successive Five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day of , 200_. LESSOR: LESSEE: City of Cape Girardeau, Missouri Alamosa Missouri Properties, LLC a Missouri limited liability company By: Name: Title: Date: IN Douglas K. Leslie Name City Manager Title: Date: Charles B. Sherwood Director of Site Development Site No.: ST04RW697 Lessor: _ Rev.Date: 02/15/01 — Alamosa6.doc Lessee: ACKNOWLEDGEMENTS LESSOR ACKNOWLEDGEMENT STATE OF Ks COUNTY OF On this day, of ��V-a I tl VtJt 200 • b the undersigned Notary Public, personally appeare Q( s �(�[ , �: ore e to me known to be the identical person who executed in the name of the maker thereof to the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, in the capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. Erin M. Lane NOTAi `! IUBI State My Appt. Exp,_g (� Y� 4C-04/ Notary Public in And for the State of Commission expires: S LESSEE ACKNOWLEDGEMENT STATE OF i S -Sot. , t ) COUNTY OF (t" ' On this c�o 14— day of I r_F.0 EP_ 200_S, before me the undersigned Notary Public, personally appeared ctL*s ff Gam, as to me known to be the identical person who executed in the name of the maker there to the within and foregoing instrument and "o'.acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, in the >, capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. LADONNA LAUBxx Notary Public -Notary Seal otaryPublic in State of Missouri And for the State of County of Scott Commission expires: My Commission Expires Aug. 4, 2007 Site No.: ST04RW697 Lessor: Rev.Date: 02/15/01—Alamosa6.doc Lessee: �— area above line reserved for recording MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Alamosa Missouri Properties, LLC P.O. Box 64840 Lubbock, Texas 79464-4840 Attn: Kelly Alderman, Leasing Administrator Tel: (806) 722-2822 This Memorandum of Agreement is entered into on this :�4Y day of , 200-,;, by and between the City of Cape Girardeau, (hereinafter referred to as "Lessor") and Alamosa Missouri Properties, LLC , with an office at P.O. Box 64840, Lubbock, Texas 79464-4840 (hereinafter referred to as "Lessee"). 1. -1 Lessor and Lessee entered into a Communications Site Agreement ("Agreement") on the a%f" '`day ofL! (1, r, ;-'a ,: ; 200:-- , for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for Five (5) years commencing not later than the 1st day of January, 2006 or the start of construction, whichever first occurs ("Commencement Date"), and terminating on the fifth (5t') anniversary of the Commencement Date with Four (4) successive Five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the dayof r-{'' k�% ,200 LESSOR: City of Cape Girardeau, Missouri By: Name: Douglas K. Leslie LESSEE: Alamosa Missouri Properties, LLC a Missouri limited liability company By: Name: Charles B. Sherwood Title: City Manager Title: Date: t : —. uU i `> Date: Site No.: Rev.Date: 02/15/01— Alamosa6.doc Director of Site Development Lessor: Lessee: DESCRIPTION OF LAND to the Agreement dated , 200, by and between the City of Cape Girardeau, as Lessor, and Alamosa Missouri Properties, LLC, a Missouri limited liability company as Lessee. The Land is described and/or depicted as follows (metes and bounds description): Parent Parcel Description: Part of outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri. Lease Tract Description: A tract of land located in outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri, more particularly described as follows: Commencing at the Southeast corner of said outlot 53; THENCE, N83°05'26"W, 53.31 feet; THENCE, N06054'34"E, 557.47 feet, to the POINT OF BEGINNING; THENCE, N62008'27"W, 75.00 feet; THENCE, N27051'33"E, 75.00 feet; THENCE, S62008'27"E, 75.00 feet; THENCE, S27051'33"W, 75.00 feet, to the POINT OF BEGINNING. 20' Access/Utility Easement: A strip of land 20 feet in width being 10 feet on each side of the following described centerline located in outlot No. 53, United States Private Survey No. 2199, Township 30 North, Range 13 East, City and County of Cape Girardeau, Missouri, more particularly described as follows: Commencing at the Southeast corner of the above described lease tract; THENCE, N27°51'33"E, 37.50 feet, to the POINT OF BEGINNING; THENCE, N83035'56"E, 20.91 feet; THENCE, N15°00'54"E, 32.96 feet; THENCE, N68°18'37"E, 16.05 feet, to a point on the west right-of-way line of West End Blvd, for a terminus. 12-1-1 Site No.: Lessor: Rev.Date: 02/15/01 — Alamosa6.doc Lessee: 11: DESCRIPTION OF PREMISES to the Agreement dated , 200_, by and between the City of Cape Girardeau, as Lessor, and Alamosa Missouri Properties, LLC, a Missouri limited liability company as Lessee. The Premises are described and/or depicted as follows: t n" ix -mm . AC= ORK TOP Or EXSM4r SQ stm CIVVn M , AREA SE MFA - \ lF\\\ %M uwtt CONPOtaEt MY ILWWA L=(= � \\ �•1�; P1+�,�w lr WM a.m;-LM M=1 c7s.751 � E%6TWC T11S0PEDESSAt --�` E 'T;v0 pow,:p 1 + jl r r 1 IXS�ivG �i}tdl mF) MW 710611E Wr 797 F1M,POlE..f j �...—^�—•-._~ {CCM Pr( OTAXS) f 1 cxisr4c DMTOX SECMN OF :EgCE '� J 7D Be FIDOFD T d SITE PIAN jr �r it r oy;cT� ¢vss (nP} i� i E7115rm 2V -WOE o9L SRM SATE 7Prs 7O AERAM AS RMUOM t� .r -- WW rpmm 9 ;t 11 tJ � P r 1LIG PAOPERR I LIT CCTn.i 1 Notes: 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. Site No.: Lessor. A Rev.Date: 02/15/01 — Alamosa6.doc Lessee: ACKNOWLEDGEMENTS LESSOR ACKNOWLEDGEMENT STATE OF J4 ) COUNTY OF b ►ln ) On this I da o , 200 J, be ore me the undersigned Notary Public, personally appeare e s re ?.�• to me known to be the identical person who executed in the name of the maker thereof to the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, in the capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. Erin M i a VOTA;Y2,5� State My Aput. I_ ,' LESSEE ACKNOWLEDGEMENT STATE OF wk:A ) COUNTY OF(' fc G -i k�l ) Q- - �s,C � Notary Public in S And for the State of Commission expires: On this d -b 6-i- day of f w�13E %Z , 200.E before me the undersigned Notary Public, personally appeared cAt, ias�i.' �sLi� , as to me known to be the identical person who executed in the name of the maker thereoa the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, in the capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. LADONNA LAUB Notary Public -Notary Seal State of Missouri County of Scott My Commission Expires Aug. q, 2007 Site No.: Rev.Date: 02/15/01 — Alamosa6.doc otary Public in And for the State of Commission expires: Lessor: Lessee: Letter No. OS-267 �, ., �,z a n,.,.^� �� r��„ 'r��??� �,° CITY OF CAPE GIRARDEAU CITY HALL OFFICE OF THE P.O.BOX 617 CITY MANAGER CAPE GIRARDEAU,MO 63702-0617 TELEPHONE(573)334-1212 December 21, 2005 FAX(573)335-7946 Mr. Michael L. Crain Fossil Creek Land Company 7703 Painton Lane Spring, TX 773889 Dear Mr. Crain: Per your request, enclosed are two originals of the Site Ground Lease Agreement and the Memorandum of Agreement between Alamos and the City of Cape Girardeau. If you need any further information, please let me know. Sincerely, Q�� � �'�c � Gayle L. Conrad City Clerk gc Enclosure "HOME OF MISSOURI STATE FLAG" �.. � �� �'� � � PERSQNAL�C7MMUNFCATIONS SERYICE 4000 West 114th Street,Suite 220 * Leawood,KS 66211 Phone(913)253-7610 * Fax(913)491-4591 Document Transmittal Form Please Deliver To: Michael Crain Date Sent: 12/14/2005 Fossil Creek Land Services /� �� ( � - ,(� r l.J ��1M �,QJ� �' < <�� G° �,�,� � � a<< a � �4(�� � ���I�� �p3 Parr�t��.l� Enclosed please find the following items: ��(�� �� .1-�,..Q.�`� ���( �j�X ���� � Site Number Site Name Document Descri tion Comments ST04RW697 Ci Preferred- SE Ca e 5 Partiall Executed Lease Ori inals Enclosed Michael: you know the routine; please return (2) originals back to my attention when executed. Thanks, Mary By signing the bottom of this document,it is agreed that the above listed items are enclosed. Please contact me with any questions you may have regarding the above. PLEASE FAX TO(913)491-4591 UPON ACCEPTANCE Sincerely, Signature: /�a�� ,�i�etL'