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RES 1998-1822 - Lease agmt with SBA Inc for 3110 N 102nd St a � N • REC El oMAHA. FB Fire Department �;,s��►.5'� t; 1516 Jackson Street Omaha,Nebraska 68102-3110 ®. , fl ;'=„ 98 JU g 2,3 PM 3: 1 f (402)444-5700 FAX(402)444-6378 A�ry 3 OR4Tto FE13°:1' CITY T'" ll Thomas J.Graeve x } �( Fire Chief City of Omaha ' i;iiA, d4L..br AS" r e .3 Hal Daub,Mayor June 30, 1998 Honorable President and Members of the City Council, Submitted for your consideration is a Resolution amending the terms of the previously approved Resolution which authorized the Omaha Fire Department to lease land located at 3110 North 102 Street to SBA,Inc. for the purpose of constructing a communications tower. This matter was placed before the City Council on June 9, 1998, but referred to the length of term incorrectly as one year renewable year-by-year up to five years total. The Omaha Fire Department has agreed to lease the land for an initial five-year term with five automatically renewing terms of five years each. In order for the city of Omaha and SBA, Inc.to begin the lease,the attached Resolution superseding the original Resolution No. 1569 needs to be approved by the City Council. We, therefore, respectfully recommend your approval of the attached Resolution. Sincerely, (1-2- AF/ Tom Graeve Date Fire Chief N,. Approved as to Funding: Referred to City Cou cil for Consideration: ,St 6)Z3 pouis D'Erc i e wry Date Mayor's Office/Title Date P:\LAW\7761.SKZ DRUG USE ,. IS mok ABUSE • . !, SBA ))))) VIA FEDERAL EXPRESS July 17, 1998 Chief Tom Graeve Fire Department Headquarters 1516 Jackson Street Omaha, NE 68102 RE: Site ID #: NE0065-B Site Name: West Maple Option and Land Lease Agreement& Option Fee payment Dear Chief Graeve: Enclosed please find a fully executed Option and Land Lease Agreement for the property located at Firestation 42 Premises. Please retain this document in your files. Pursuant to the terms of the Agreement, your option fee payment, check #46422 in the amount of$300.00, is also enclosed. Please acknowledge your receipt of this check by signing below and returning via fax or to my attention at the address listed below. My fax number is (561) 226-3577. If you have any questions regarding the above, please feel free to contact me at (800) 487- 7483 extension 302. We look forward to a pleasant working relationship with you. Very truly yours, ACKNOWLEDGED BY. CAL f, 7C-/� pAuliz*, Date Jennifer Csaszar Site Administration Date Enclosures • SBA Towers, Inc. co One Town (enter Road ® Third Floor ® Boca Raton,FL 33486 ® (561)995-1610 ® Fax: (561)995-1626 ® www.sbasite.com SBA, INC. 46422 ACCOUNT NO. VENDOR292 CITY OF OMAHA CHECK NO. 046422 . VOUCHER INVOICE NUMBER INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN 95312 OPTION FEE 7/16/98 300 . 00 300 . 00 . 00 Ref : WEST MAPLE NE0065-B CHECK TOTAL 300 . 00 i--:., t " • Fr -_ -- --i ,- s. y.. 1 3.,= �,-- , c " SUNTRUST BANK,_-t`�'l,. 7. .▪... '*.r.11 . Mir .. t- �4,st4 L'2 a' .„~=} 'SBA- INC:-.__-'. t: t ▪ -� - M ,•:.1.. -' SOUTH FLORIDA N.A __ r�-- �� �7 i _= r "i(561)995-7670 ',1 4,? F• 41. :BOCA'RATON;FL';33431; , }� r ONE.TOWN CENTER;3RD FLOOR 63-607-670 a , ▪ — •• — » ___BOCA RATON;FL.33466 ;r��--�-'' 'A •r.�1k• �I , �., t,� •, °T 4.CHECK NO. 71 CHECK DATE -VENDOR NO __+'wry _. - -- F;.s, ri"rc'� -t i '.s,F3�T_�.j, _ c - "'.--.iJ -=;''— 'tY-- " -,i '+�-.m - _ _ _ . ;-.,,» 1 _ �. ;_ I04.��~ _0464'22 '07,/16/98 292� ".--.'c - PAY-_ ' _ _ • -r' ° THREE HUNDRED=AND: 0 0/10 0-DOLLARS• , *� r _ - _- --y 13 _' '- - CHECK AMOUNT - ' - .. -- - - . - - $**********300 . 00 TO THE CITY OF OMAHA _ _ m ORDER - 1819 FARNUM ST — - - - OF - m - OMAHA, NE 68138 - B b M, 00464 2 210 1:06 70060 7611: 0400006 5 LO 38 ?II' s . OPTION AND LAND LEASE figootos -r3 This Agreement of Lease is made this day of by and as Lessor does not seek unreasonable use of Lessees Leased Space. . between City of Omaha. a(n) Municipal Corporation,having an address of 5. ingress and Egress. Lessor hereby grants to Lessee an 1319 Farnum St. Omaha. NE 63138 . Federal Tax ID or Social Security easement for ingress.egress and regress over the property of Lessor adjacent Number , hereinafter referred to as "Lessor'. and SBA to the Leased Space for construction. operation and maintenance of the Towers.Inc..a Florida corporation.having an office at One Town Center Rd. Structures on the Leased Space. for installation, construction,operation and Third Floor.Boca Raton.Florida 33486.hereinafter referred to as"Lessee." maintenance of underground and above ground telephone. telegraph. and power lines,in connection with its use of the Leased Space. The term of this 1. The Option. Easement will commence upon exercise of the Option and will continue until (a) For the sum of Three hundred dollars I5300 ) the last to occur of(i)expiration of the Term,or(ii)removal by Lessee of all (the "Option Fee"), to be paid to Lessor by Lessee upon execution of this of its property from the Leased Space after expiration of the Term. The Agreement and other good and valuable consideration. Lessor hereby grants location and configuration of the Easement will be agreed upon by the parties to Lessee the exclusive and irrevocable option for one(1)year from the date within ten(10)business days after Lessee's exercise of the Option_and will be hereof(the "Initial Option Period"), to lease the Leased Space (as defined included in any recorded Memorandum of this Lease. In addition.at Lessee's below) on the terms and conditions set forth below (the "Option"). The request and expense, this Easement will be set forth in a separate Easement Option may be extended for an additional one (1) year upon written Agreement which Lessor and Lessee agree to execute and which Lessee will notification to Lessor by Lessee accompanied by the payment of an additional have recorded as an encumbrance on the property of Lessor and binding upon Three hundred dollars (S300) (the "Additional Option Fee"), delivered to all subsequent owners,successors and assigns. Lessor not less than thirty (30) days prior to the end of the Initial Option Lessee agrees that Lessor may,at its expense. relocate the above Period• described easements to another comparable location on the Lessors property (b) In the event the Additional Option Fee is not made provided that: (a) Lessee receives no less than sixty(60)days prior written and/or written notice not delivered by the due date for the same, then the notice thereof: (b) Lessee approves the proposed new location of the Option will terminate and this Agreement will terminate and Lessor will be easement, which approval will not be unreasonably withheld or delayed: (c) entitled to retain all previously paid sums as full payment for the Option Lessee's access and beneficial use and enjoyment of the Leased Space is not granted hereunder. However, if Lessor accepts any Additional Option Fee, interrupted,obstructed or materially affected:and(d)The utility services to Rent and/or written notice after the due date for the same, then Lessee's the Leased Space are not interrupted. default will be deemed waived and this Agreement will be reinstated. Upon 6. Title and Quiet Possession. Lessor represents and covenants Lessee's exercise of the Option,the Lease Agreement which follows will take that Lessor owns the Leased Space in fee simple terms, free and clear of all effect. liens. encumbrances and restrictions of every kind and nature, except for (c) In the event Lessor fails to perform its obligations those which currently appear in the chain of title and are reported as under this Agreement for any reason other than Lessee's breach. Lessee may exceptions on the commitment for title insurance which Lessee may obtain as pursue all remedies available at law and in equity. Lessor hereby set forth below: acknowledges that Lessee will incur significant expenses in reliance on this Agreement and therefore agrees to pay Lessee for all consequential damages Name of Lien holder Type of Lien which Lessee will suffer as a result of Lessor's breach. 2. Leased Space and Premises. Upon Lessee's exercise of the Option. Lessor will lease to Lessee approximately 6,360 square feet of space as depicted in Exhibit A attached hereto (the "Leased Space") within the property commonly known as Fire Station 42 premises with the legal As a condition to Lessee's obligations hereunder Lessor will. description set forth in Exhibit B attached hereto (the "Premises"). Lessor within ten(10) business days of Lessee's notice of its intent to exercise the also hereby grants to Lessee the right to survey the Leased Space at Lessee's Option,execute and obtain from the holder of any lien which is not cost. The survey will automatically replace Exhibit A and be made a part discharged an Attornment and Non-disturbance Agreement or a hereof. In the event of any discrepancy between the description of the Leased Subordination.Agreement in form acceptable to Lessee. Space contained herein and the survey, the survey will control. The Leased Lessor represents and warrants to Lessee that Lessor has the full Space will be utilized to support and operate a wireless communications right to make this Lease and that Lessee will have quiet and peaceful facility(the "Structure") and not for any other purpose without the Lessors possession of the Leased Space throughout the I Pose term. prior written consent which shall not be unreasonable withheld or delayed. 7. Subordination.Attornment.and Nondisturhance. 3. Term. The term of this Lease will be for a period of five(5) (a) Lessee agrees that this Lease will be subject and years from the date set forth below(the"Commencement Date"-in no event subordinate to any mortgages or deeds of trust now or hereafter placed upon shall this date be earlier than the date Lessee exercises the Option)and shall the Leased Space and to all modifications thereto. and to all present and automatically renew for up to five(5)additional terms of five(5)years each future advances made with respect to any such mortgage or deed of trust: provided that Lessee shall have the right to have this Lease not renew by provided that.Lessee's possession of the Leased Space will not be disturbed delivering to Lessor written notice of Lessee's intent not to renew this Lease so long as Lessee will continue to perform its duties and obligations under not less than thirty(30)days prior to the expiration of the then current Term. this Lease and Lessee's obligation to perform the duties and obligations will The initial term and each successive renewal term shall be referred to herein not be in any way increased or its rights diminished by the provisions of this as the"Term." paragraph. Lessee agrees to attom to the mortgagee. trustee, or beneficiary 4. Rent. The rent for the first five(5)years of the Term will be under any such mortgage or deed of trust, and to the purchaser in a sale S450.00 per month (the "Rent"), paid semi-annually in advance. which pursuant to the foreclosure thereof: provided that-Lessee's possession of the Lessee will pay to Lessor at the place as Lessor will designate to Lessee in Leased Space will not be disturbed so long as Lessee will continue to perform writing. If the Term does not begin on the first day or end on the last day of a its duties and obligations under this Lease. Lessee's obligations hereunder are month, the Rent for that partial month will be prorated by multiplying the conditioned upon receipt by Lessee. within ten (10) business days after monthly Rent by a fraction.the numerator of which is the number of days of Lessee's notice of its intent to exercise the Option.or within ten(10)business the partial month included in the Term and the denominator of which is the days after the date of creation of any future mortgages or deeds of trust,of an total number of days in the full calendar month. Beginning with the sixth Attomment and Non-disturbance Agreement in form reasonably acceptable to (6th) year of the Term and every fifth (5'") year thereafter, the then current Lessee.from any holder of a mortgage or deed of trust to which this Lease is. monthly rental fee will be increased by fifteen (15%) percent. Lessee •tell) or will become,subordinate. provide to Lessor comparable space on Lessees tower as Lessor has currently (b) Lessee may from time to time grant to certain lenders on Lessors standing tower. This space will be provided free of rent to Lessee selected by Lessee and its affiliates (the "Lenders") a lien on and security from Lessor. Lessee will provide this space for Lessors future needs as long interest in all assets and personal property of Lessee located on the Leased Opdease laid-+3(f�a Revised 03/06/93 " Ina Space.including.but not limited to.all accounts receivable,inventory,goods. (Address) 1516 Jackson St. • . machinery and equipment owned by Lessee (the "Personal Property") as Omaha.NE 68102 collateral security for the repayment of any indebtedness to the Lenders. The Lenders may. in connection with any foreclosure or other similar action To Lessee:SBA Towers.inc. relating to the Personal Property.enter upon the Leased Space(or permit their One Town Center Rd.Third Floor • representatives to do so on their behalf)in order to implement a foreclosure or Boca Raton.FL 33436 other action without liability to Lessor provided,however,that(i)rent is paid Attn: Jeffrey A.Stoops.SVP/General Counsel to Lessor during occupancy by or on behalf of the Lenders for any purpose. (ii) the Lenders pay for any damages caused by the Lenders or their The address to which any notice.demand,or other writing may be delivered representatives in removing the Personal Property from the Leased Space.and to any party as above provided may be changed by written notice given by the (iii)the Lenders otherwise comply with the terms of this Agreement. Lessor party as above provided. hereby agrees to subordinate any security interest,lien,claim or other similar 11. Lessee Improvements. Lessee will have the right.at its sole right.including,without limitation,tights of levy or distraint for rent.Lessor expense. to make the improvements on the Leased sed Space as it may deem may have in or on the Personal Property, whether arising by agreement or by necessary, including any improvements necessary for the construction and law, to the liens and/or security interests in favor of the Lenders. whether operation of the Tower and the other Structures. Lessee will be responsible currently existing or arising in the future. Nothing contained herein shall be for the cost of any site preparation work necessary to prepare the Leased construed to grant a lien upon or security interest in any of Lessor's assets. Space to support the Structures. All Lessee's improvements,including but not To the extent required by the terms of this Agreement.Lessor consents to any limited to prefabricated buildings. generators. fencing, and any other grant by Lessee to any Lenders of a lien on Lessee's leasehold interest in this Structures will remain the property of Lessee. with the exception of the Agreement. in the event Lessor gives Lessee any notice of default or Tower,which will become the property of Lessor upon termination of lease. termination of this .Agreement (or commences any legal process relating Upon termination of this Lease. Lessee will.to the extent reasonable,restore thereto), Lessor will endeavor to simultaneously give a duplicate copy thereof the Leased Space to its original condition at the commencement of this Lease. to the Lenders but shall incur no liability due to Lessor's failure to give such except for ordinary wear and tear and damages by the elements or damages notice and the failure to give such notice shall not limit Lessor's ability to over which Lessee had no control. Lessee and Lessor agree that it will not be exercise any remedies available to Lessor under this Agreement. Lessor reasonable to require Lessee to remove any improvements contemplated agrees to accept performance on the part of any of the Lenders or their agents hereunder which are permanent in nature. including but not limited to. or representatives as though performed by Lessee to cure any default or foundations, footings. concrete, paving, gravel, vegetation and utilities. condition for termination. The terms of this paragraph may not be modified. Lessee will be responsible for locating Lessors equipment from Lessors amended or terminated except in writing signed by the Lenders. By this letter standing tower to Lessees new tower at Lessees sole expense. Lessee ensures Lessor has been made aware chat Lessee has entered into that certain Credit it will follow proper aspects of construction and coordinate with the 911 Agreement dated August 8, 1997 with BankBoston,N.A.("BankBoston")as system Chief before construction begins. agent for a group of lenders. all of whom shall be considered Lenders for 12. insurance. Ac ail times during the terms) of this Lease. purposes of this paragraph and are,together with their successors and assigns. Lessee will maintain in full force a comprehensive public liability insurance intended third parry beneficiaries hereof and any notices to any Lenders policy covering all of Lessee's operations.activities,liabilities and obligations required or desired to be given hereunder shall be directed to BankBoston. on the Leased Space. having singly or in combination, limits not less than N.A..Media and Communications, 100 Federal Street,Boston.MA 02110 or One Million Dollars (41.000,000). The policy will name Lessor as an to such other Lender as BankBoston or Lessee designate in writing or at such additional insured party. Upon Lessor's request. Lessee will give Lessor a other address as such parry shall specify. certificate of insurance evidencing that the insurance required under the 8. Governmental Approvals and Compliance. During the Agreement is in force. term of this Lease.Lessee will make best efforts to comply with all applicable 13. Operating Expense. Lessee will pay for all water,gas.heat. laws affecting the Leased Space, the breach of which might result in any light. power. telephone service, and other public utilities furnished to the .penalty on Lessor or forfeiture of Lessors title to the Leased Space. Lessee Leased Space and used by Lessee throughout the term hereof,and all other will not commit.or suffer to be committed.any waste on the Leased Space.or costs and expenses of every kind whatsoever in connection with the use. any nuisance. Lessee will obtain any necessary governmental licenses or operation,and maintenance of the Leased Space and ail activities conducted authorizations required for the construction and use of the Tower and other thereon. structures on the Leased Space and will furnish copies of same to Lessor as 14. Taxes. Lessee will pay any personal property taxes assessed same are issued. Lessee will not allow any non-conformance that would on.or any portion of the taxes attributable to the Structures. Lessor will pay result in forfeiture of Lessors license to operate Lessors 911 system.. Lessee when due all real property taxes and all other fees and assessments will also assure non-interference for Lessors 911 system. attributable to the Leased Space. However. Lessee will pay, as additional 9. Assignment and Subleasing. Lessee may sublet the Leased Rent, any increase in real property taxes levied against the Leased Space Space or may assign or transfer this Lease in whole or in part without Lessors which is directly attributable to Lessee's use of the Leased Space.and Lessor consent. Lessee will be solely responsible for responding to requests to agrees to furnish proof of the increase to Lessee. locate equipment on the Structure and coordination the installation of said 15. Maintenance. Lessee will use best efforts to maintain the equipment within the Leased Space. Lessee will not discriminate against Leased Space in good condition and state of repair. Except insofar as Lessee future sublessees requesting tower space. with the exception of technical is made responsible by this Lease. Lessor will maintain the premises complications. surrounding the Leased Space in good condition and state of repair. 10. Notices. All notices,demands, requests,consents, approvals 16. Hold Harmless. Lessor will be held harmless by Lessee from and other instruments required or permitted to be given pursuant to this any liability(including reimbursement of reasonable legal fees and all costs) .agreement will be in writing, signed by the notifying party,or officer.agent for damages to any person or any property in or upon the Leased Space at or attorney of the notifying party, and will be deemed to have been effective Lessee's invitation, or for damages to any person or property resulting from upon delivery if served personally, including but not limited to delivery by the actions of Lessee (including damages caused by or resulting from the messenger. ovemicht ,:7urier service or by overnight express mail, or upon existence of the Structures) on the Leased Space. unless the damages are posting if sent by registered or certified mail.postage prepaid. return receipt caused by,or are the result of.the misconduct or negligence of Lessor or any requested.and addressed as follows: of Lessor's agents. servants. employees or licensees. Notwithstanding any provisions herein to the contrary.it is understood and agreed that ail pmpery To Lessor.(Name) Chief Torn Graeve kept. installed.stored or maintained in or upon the Leased Space by Lessee Fire Dept.Hdqtrs. will be so installed, kept. stored or maintained at the risk of Lessee. Lessor OptleaseOMNE3544 lnitialaliIl Revised 03/06/98 •• `ti Initials • .. , will not be responsible for any loss or damage to equipment owned by Lessee that Lessee will deliver copies of all soil tests and investigation reports to which might result from tornadoes. lightning, wind storms, or other Acts of Lessor. God: provided, however. Lessor will be responsible for, and agrees to hold 24. Oil.Gas and Mineral Rights. Lessor does not grant. lease. Lessee harmless from any liability (including reimbursement of reasonable let or demise hereby.but expressly excepts and reserves here from all tights to legal fees and all costs), for damages to any person or any property in or upon oil. gas and other minerals in. on or under and that might be produced or the Leased Space arising out of the misconduct or negligence of Lessor or any mined from the Leased Space: provided, however, that no drilling or other of Lessor's agents. servants, employees or licensees. Neither Lessor nor activity will be undertaken on the surface of the Leased Space to recover any Lessee will in any event be liable in damages for each other's business loss. oil, gas or minerals. This Lease is given and accepted subject to the terms business interruption or other consequential damages of whatever kind or and provisions of any valid oil, gas and mineral lease covering the Leased nature, regardless of the cause of the damages. and each parry. and anyone Space or any part thereof, now of record in the office of the County Clerk. claiming by or through them,expressly waives all claims for the damages. provided, however, that any future oil, gas or mineral lease covering the 17. Termination Rights, above-described lands or any part thereof will be in all respects subordinate (a) Lessee may terminate this Lease, at its option. after and inferior to the rights, privileges, powers, options. immunities, and giving not less than thirty(30)days prior written notice to Lessor,if:(i)any interests granted to Lessee under the terms of this Lease. governmental agency denies a request by Lessee for a permit. license or 25. Hazardous Waste. approval which is required for Lessee to construct or operate the Structures on (a) The term Hazardous Materials will mean any the Leased Space or the permit is revoked: (ii) Lessee determines that substance, material.waste,gas or particulate matter which is regulated by an technical problems or radio interference problems from other antennas or local governmental authority. the State of NE. or the United States from nearby radio transmitting facilities, which problems cannot reasonably Government,including,but not limited to.any material or substance which is be corrected. preclude Lessee from using the Leased Space for its intended (i) defined as a "hazardous waste." "hazardous material." "hazardous purpose: (iii) Lessee determines that Lessee does not have acceptable and substance." "extremely hazardous waste." or restricted hazardous waste" legally enforceable means of ingress and egress to and from the Leased Space: under any provision of state or local law. (ii) petroleum, (iii) asbestos. (iv) (iv) Utilities necessary for Lessee's contemplated use of the Leased Space are polychiorinated biphenyl. (v) radioactive material. (vi) designated as a not available to the Leased Space; or (v) The Leased Space is damaged or "hazardous substance" pursuant to Section 311 of the Clean Water Act. 33 destroyed to an extent which prohibits or materially interferes with Lessee's U.S.C.'1251 et seq. (33 U.S.C.'1317),(vii)defined as a "hazardous waste" use of the Leased Space or Lessee's equipment and attachments thereto. In pursuant to Section 1004 of the Resource Conservation and Recover Act. 42 the event of termination by Lessee pursuant to this provision.Lessee will be U.S.C. '6901 et seq. (42 U.S.C. '6903), or (viii) defined as a "hazardous relieved of all further liability hereunder. Any rental fees paid prior to the substance" pursuant to Section 101 of the Comprehensive Environmental termination date will be retained by Lessor. Response. Compensation, and Liability Act. 42 U.S.C. '9601 et Seq. (42) (b) Lessor may only terminate this Lease, at its option. in U.S.C. '9601). The term Environmental Laws '.vill mean all statutes the event of a material default by Lessee or Lessee's failure to pay rent when specifically described in the foregoing sentence and all applicable federal. due,provided that Lessor must first give Lessee sixty(60)days written notice state and local environmental health and safety statutes. ordinances. codes. to cure, rules. regulations. orders and decrees regulating. relating to or imposing 18. Exclusivity. Lessor will not enter into a lease agreement with liability or standards concerning or in connection with Hazardous Materials. another party for a purpose similar to the one described herein on the tb) Lessor represents and warrants that. to the best of Premises or any adjacent parcel of land owned,leased or managed by Lessor. Lessor's knowledge. (i) the Leased Space has not been used for the use. 19. Binding on Successors. The covenants and conditions manufacturing.storage.discharge.release or disposal of hazardous waste.(ii) contained herein will apply to and bind the heirs, successors. executors, neither the Leased Space nor any part thereof is in breach of any administrators and assigns of the parties hereto. Further, this Lease will run Environmental Laws.(iii) there are no underground storage tanks located on with the land and all subsequent purchasers will be subject to the terms and or under the Leased Space.and(iv)the Leased Space is free of any Hazardous conditions specified herein. Materials that would trigger response or remedial action under any 20. Access to Leased SpacefPremises. in addition to the Environmental Laws or any existing common law theory based on nuisance or Easement granted in the Ingress and Egress section above, and during the strict liability. If any such representation is in any manner breached during periods specified therein.Lessee and its engineers,officers.employees,agents the term of this Agreement(collectively,a"Breach"),and if the Breach gives and contractors will have full access to the Leased Space consistent with rise to or results in liability(including,but not limited to.a response action. Lessor's standard property security policy. remedial action or removal action) under any Environmental Laws or any 21. Governing Law. The parties intend that this Lease and the existing common law theory based on nuisance or strict liability.or causes a relationship of the parties will be governed by the laws of the State of NE. significant effect on public healthy, Lessor will promptly take any and all 22. Entire Agreement. All of the representations and obligations remedial and removal action as required by law to clean up the Leased Space. of the parties are contained herein, and no modification, waiver or mitigate exposure to liability arising from,and keep the Leased Space tree of amendment of this Lease or of any of its conditions or provisions will be any lien imposed pursuant to. any Environmental Laws as a result of the binding upon a party unless in writing signed by that party or a duly Breach. authorized agent of that parry empowered by a written authority signed by (c) In addition. Lessor agrees to indemnify, defend and that party. The waiver by any party of a breach of any provision of this Lease hold harmless Lessee. its officers. partners.successors and assigns from and will not operate or be construed as a waiver of any subsequent breach of that against any and all debts.liens.claims.causes of action,administrative orders provision by the same party. or of any other provision or condition of the and notices. costs (including, without limitation. response and/or remedial Lease. costs).personal injuries. losses,damages.liabilities.demands. interest. tines. 23. Survey and Testing. Lessee will have the right during the penalties and expenses. consultants' fees and expenses. court costs and all term of this Option and Land Lease Agreement to survey,soil test,and make other out-of-pocket expenses.suffered or incurred by Lessee and its grantees any other investigations necessary to determine if the surface of the Leased as a result of(a) any Breach. or (b) any matter, condition or state of fact Space is suitable for construction and operation of the Structures. If Lessee. involving Environmental Laws of Hazardous Materials which existed on or prior to completion of the Structures determines that for any reason the arose during the term of this Lease and which failed to comply with ti) the surface or subsurface of the Leased Space is not suitable to construct and Environmental Laws then in effect or(ii) any existing common law theory operate the Structures,this Lease.upon written notice given to Lessor prior to based on nuisance or strict liability. completion of the Structures will become null and void: provided that at (d) Lessor represents and warrants to Lessee that Lessor Lessee's sole expense the Leased Space will be promptly restored to the extent has received no notice that the property or any part thereof is.and.to the test contemplated by the Lessee Improvements section above and provided further of its knowledge and belief.no part of the Property is located within an area 3 OptleaseOM NE354-t Initi liciRk. Revised 03/06/98 . .. <Of Ønitials N that has been designated by the Federal Emergency Management Agency,the 31. Further Assurances. Each of the parties agree to do such Army Corps of Engineers or any other governmental body as being subject to further acts and things and to execute and deliver the additional agreements special hazards. and instruments as the other may reasonably require to consummate,evidence (e) The covenants of this paragraph will survive and be or confirm this Agreement or any other agreement contained herein in the enforceable and will continue in full force and effect for the benefit of Lessee manner contemplated hereby. and its subsequent transferees, successors and assigns and will survive the 32. Right to Register or Record. Upon the request of Lessee. term of this Lease and any renewal periods thereof. Lessor agrees to promptly execute and deliver to Lessee a Memorandum of 26. Mechanic's Liens. Lessee will not cause any mechanic's or Lease in recordable or registerable form setting forth the general terms of the materialman's lien to be placed on the Leased Space. and Lessee agrees to Lease,and the other information as Lessee will request which Memorandum indemnify, defend and hold harmless Lessor from any such lien from a party of Lease Lessee may record in the public records. claiming by.through or under Lessee. 33. Interpretation. Each patty to this Agreement and its counsel 27. Headings. The headings of sections and subsections are for have reviewed and had the option to revise this Agreement. The normal rule convenient reference only and will not be deemed to limit,construe, affect, of construction to the effect that any ambiguities are to be resolved against the modify or alter the meaning of the sections or subsections. drafting party will not be employed in the interpretation of this Agreement or 23. Time of Essence. Time is of the essence of Lessor's and of any amendments or exhibits to this Agreement. Lessee's obligations under this Lease. 34. Date of Agreement The parties acknowledge that certain 29. Severahility. If any section,subsection,term or provision of obligations of Lessor and Lessee are to be performed within certain specified this Lease or the application thereof to any party or circumstance will,to any periods of time which are determined by reference to the date of execution of extent, be invalid or unenforceable,the remainder of the section,subsection, this Lease. The parties therefore agree that wherever the term "date of term or provision of the Lease or the application of same to parties or execution of this Lease."or words of similar import are used herein,they will circumstances other than those to which it was held invalid or unenforceable, mean the dace upon which this Lease has been duly executed by Lessor or will not be affected thereby and each remaining section,subsection, term or Lessee whichever is the later to so execute this Lease. The parties further provision of this Lease will be valid or enforceable to the fullest extent agree to specify the date on which they execute this Lease beneath their permitted by law. respective signatures in the space provided and warrant and represent to the 30. Real Estate Broker. Lessor represents and warrants that other that such a date is in fact the date on which each duly executed his time. Lessor has not signed a listing agreement, dealt with or otherwise agreed to 35. Non-Discrimination. Lessee shall not,in the performance of pay a broker's commission, finder's fee or other like compensation to anyone this Agreement discriminate or permit discrimination in violation of federal or in connection with the lease of the Leased Space or the transaction state laws or local ordinances because of race,color,sex,age,or disability as contemplated by this Agreement and Lessor agrees to indemnify and hold recognized under 42 USCS 12101et seq.And Omaha Municipal Code 13-89, Lessee harmless from and against any such claims or costs, including political or religious opinions,affiliations or national origin. attorneys' fees, incurred as a result of the transaction contemplated by this Agreement. COMMENCEMENT DATE:Will be the date building permit is issued. Ii 1 WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written. . LESSOR: City of 0 nt a LESSEE: Towers,Inc. By: r1 .. . By: Lawren ce M.IN lsberg Dir.of Site Admin. rp.Counsel Title: Title: Date: Date: - 3" Witness: e . 1l ,Qi� lAfe`� ali ec (Sign&Print Name) ( ign&Print Naam�e) Witness: I .�C{ST2. ?) Ot -9 , et, (b'E Witness., ( 4Oi (Sign &Print Name) is P e l„�(,/. Not Pu ic• No ry bile: I. Q/ KC le may, do hereby certify that 5 do hereby certify that � 1Y7 �fwiitb personally P. personally �a1X P y appeared before me this day and acknowledged the due appeared before me this dda and acknowledged the due execution of the foregoing instrument. execution of the foregoing instrument. Ti- Witne s my hand anseal this / day of Witness y hand and seal this w day of �- , 199_ - l J , 199 . GENERAL NOTARY-Statea— � � �` �';'`® BRINKER H °t Nebraska ;�: MRDI411- NG y co�mm.Exp,Aug.3D11, 1 2000 OFFICIAL NOTAR EAL ELISA DOUGLAS OptleaseOMNES544 Ai,p".'"c f;S 'O i `� NOTARY PUBLIC STATE OF FLORIDA Revised 03/06/98 E (',,,'`1 '�J (V `� COMMISSION 1�iO.6C71 7 (rill 41L Initials ASS'T, .. • EXHIBIT A (Current Sketch/Survey of the Leased Space within the Premises) • ■Sumer c a a■o van r.. -- ". ..�_�•.Sin - — — - - — — — — a \\ i — — '.— — — — ...... ..6. --'---.00mars \ -.... _ = / trom ---> 7 •or- i Ni aRf.4 tir:: HR$TM Q Is"tea' i • Y w •"Mar t•HA • ' i 3 ': .:at .sowaw.i _1i� r. ....\ :re ..Y� wr_i?ti H4 r.e®.¢cma \ t ms..a r o....lira.osz — -1OJ t% . _ II t H=a .. i. Ir0.0•3 1104 4..•A • m R sOre`m 3:-T ,� ".1..3•:�Ci. T r t s..wr{ V. am.n • 1 • •vt..t LOT aa.•sni ....• . !ex■.V•NZ.•rrar•.arQ MrYzitaa Q-0- - a.+a e..e.,..,e rd eRs s/a:: r•-r SW• r.... 0 sct MT, • a•1!OCR »(a1 r...2 a. • OMNI eae■. . .. rd GISMO (s/r.¢a...R..o.*cony rrricAL ROADWAY SECTION • Opdease OMNES544 "— InitilIREN..„,_ Revised 03/06/98 InitiL r • a _ , • s4 , EXHIBIT B LEGAL DESCRIPTION LEGAL jasomnaa OrntER•S oESffhPn0tls PARCEL •A' A Vast of land teeatad to the Northwest t?uarter of • corner of Northwest 0uorter of Section 9, Township IS North, Range 12 East of the 6th P.Y., Douglas distance of the No feet thence said Section 9; Nesnu North 0 degrees 00 minutes 00 seconds Cost (assumed County. Nebraska. described Wert a dialante North 90 degrees 00 minuets 00 oecone eN th agree,Comm gnq at the 00 s aee,t distance of feet t feet; thence de 00 West o distance of 110.00 feet to the Point of le E� of the North 90 de rter 00 said tee 9 o Welt thence North 2 .00 degrees SS minutes 30 degrees 00 minutes 00 seconds East a diatertee of 110.20 feet thence South 90 apt continuing 00erttt d feet: t foot orm curve to the seconds west atoms the West tight—or—. degrees est ysseconds to the Pont of OegInninq, right along said right—of—way at are 6ataee of 91•t6 feet b et0 Street o distance of 21.SS feetdegrees CO paint eftp curvature East a�atonee of 221.91 PARCEL '1(' Octet of tan6Jenry, thence rterfh 0 degree 00 minutes 00 seconds hm�ernM of along 29 feet • A frost of land located n the North/rest Worter e/at the Sou lend comer Net/rest uarterr fo act e9.4thi IS North, Ranee 12 East of the 61h P.Y., 0ou oa at taid Section e9 a dia earner e of the Nor feet thence North thence North 00 degrees 00 minutes 00 seconds Cost Consnly,(assumed lee in more the Last a of hed as toll said tee s9ea ance o d 25.00e of then feet • !hate Tees 00 d minutes 00 seconds Weal, theleering)8eq along e East One in the North.r Commencing a minutes 00 of fonds feet: thence Northo26 dco ors C of I dirt nfeet to 110.20 PontPon of Bence North thence continuing North 90 degrees an of agrees 50 minutes 20 seconds W 00 minutes 00 ,e 145.92 eet, a distance North of der feet thence 0 90 d thence South 03 degrees 24 minutes 24 seconds WWest a defPase of feet thence 90 d LEASE eta DE cm,:iloN est a distance of 20.O4 feet to the Pont or B nnln degrees 00 minutes 00 emends en 00 minutes 00 seconds West M� ¢ Cost a distance of 453.37 feet: A parcel or land being port of the Northwest Quarter of Seaton 9, Township 13 North, R Anse rcel as be ante 12 Cast of the Sixth Principal L b erldlan,Dodges County. NeDrasia, said page Deng more fully dCommence/ at the southeast corner of said NorU.eat Quarter al thence North 00 degrees eatcornminutes 00 seconds W Section 9: thence don; :he east Int of told Northwest Ouorter, thenc feet to the gr PONT g 00 seconds eat, 310.00 feetthence South 00 d-�.se:00 m North 00 degree 00 tutees 00 seconds 31.50Nerth degreesthe 00 E PO 00 thence North 90 e. 10 00 seconds Ecet,North feete thence North 90 degrees Eoat, 725.00thence feet: tteonds East 106.00 feet: thence South 00 degreee0s 00 minutes 00 t0 seconds reef . 60.000 00o d utees 00 minutes CO seconds West. East fret to the minutes 00 setends East 60.00 feet Said parcel contains an area of 6,360 square feet TRUE POW!Of BECWtnNG(0.146 aorta).more or lase. • QapfVs/at, rt..`.': R08ER T A. 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Ys' }.�.� gg id,FF z..,: 4:vz:4 Y4" INII s 1 c-25A CITY OF OMAHA i LEGISLATIVE CHAMBER • Omaha,Nebr 19 • RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Omaha City Council approved the lease agreement with,SBA, Inc. by the passage of Resolution No. 1569 on June 9, 1998; and, WHEREAS, Resolution 1569 approved on June 9, 1998, incorrectly stated the terms of the lease agreement and the correct terms of the lease need to be approved; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the Iease agreement with SBA,Inc., attached to Resolution No. 1569 for land located at 3110 North 102 Street, Omaha, Nebraska, in the amount of Four Hundred Fifty and No/100 Dollars($450.00) per month for five years,renewing for five additional terms of five years each, commencing with the adoption of this Resolution and upon full execution of the lease agreement,be and hereby is approved. BE IT FURTHER RESOLVED: THAT, this Resolution supersedes Resolution No. 1569 approved on June 9, 1998. APPROVED AS TO FORM: d--- 2_ SS TA ATTORNEY DATE P:\LAW\7762.SKZ 4IF By 1 40.2~ ouncilmember Adopted JUN .. ..1998 �- City C erk i 7/74d) _. -, Approved . ... .. .. . a or y 0 '11 ,S, r Z o ?' 7d gi : CD pa- u co7 7dj a. tz 0, ug N- z _9_, co ‘p1et o . i\ ..7.• acrii ?oo .•IIiI 1 Ny mzi '0 0 A3 ...r. 0 .--t ;72-.. tX1 \ 1 A co liI11 !:J4i c '.-./6) /Q QC '7a�i J • • 4.