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RES 1995-2299 - Lease with First Cellular Omaha for portion of Rosenblatt Stadium grounds for equipment shelter - ^I ,• / /4 ree/WA/A is r`.;1 F COAHA,Ai A, i��r - � A95RUCI6Pt1: 25 rwi'TED FEBRVr�� August 29, 1995 City of Omaha CITY CLERK Hal Daub,Mayor 0M.AHA NC8;RA.SKt Parks,Recreation& Honorable President Public Property Department Omaha/Douglas Civic Center and Members of the City Council, 1819 Farnam Street,Suite 701 Omaha,Nebraska 68183-0701 (402)444-5900 FAX(402)444-4921 The purpose of the attached resolution is to approve the proposed lease between Jerry D.Parks the City and Omaha Cellular Limited Partnership d/b/a First Cellular Omaha for Director a portion of the Rosenblatt Stadium grounds. First Cellular Omaha will erect, on the northwest side of Rosenblatt Stadium, a 35 feet by 18 feet masonry equipment shelter structure and monopole tower with an antenna to enhance its cellular radio telecommunications system. The Omaha Police Department is supportive of this lease as it will improve communications capabilities among officers in that area of the City. Additionally,Royals and College World Series officials have reviewed the lease and have not expressed any opposition. . The lease term is five years with four additional five year options to extend. Omaha Cellular Limited Partnership,will pay the City rent in the amount of $500.00 per month for the initial lease term. Increased rental amounts are specified for the optional terms. Your favorable consideration is requested. Respectfully submitted, Referred for Council Consideration: . 1. &7----,_ '9(9--ra& , . Jerry D. Parks, Director • Parks, Recreation and Public Property Mayor's Offic /T. le Department d P:\LAW\1049.MAF CELLSITE LEASE AGREEMENT This Lease is entered into this /p day of,,, ( A411,44 , 1995, by and between the City of Omaha, Nebraska, a municipal corp ration, ("Lessor") and Omaha Cellular Limited Partnership d/b/a First Cellular Omaha, ("Lessee"). In consideration of the mutual promises recited herein, Lessor and Lessee agree as fol lows: 1. Grant of Lease and Use. Lessor is the owner of property described as the NE 1/4, SE 1/4 (except the street), Section 34, Township 15, Range 13 P.M., commonly referred to as Rosenblatt Stadium, 1202 Bert Murphy Avenue in Omaha, Douglas County, Nebraska. Lessor hereby leases to Lessee a portion of the above-described property (hereinafter referred to as the "Site," which is more particularly described on the attached Exhibit A, consisting of 2 pages) to install, use, and maintain the following: (a) A chain link fenced area of the dimensions described in Exhibit A; (b) A 35 feet by 18 feet masonry equipment shelter structure within the fenced area ; (c) A monopole tower of a maximum height of 100 feet above ground level supported by a drilled pier, poured concrete foundation; (d) Antennas mounted on the monopole tower; and (e) Cellular system cell site equipment and associated ancillary equipment within the equipment shelter structure. Lessor grants to Lessee all necessary rights of ingress and egress to the Site which may be required in connection with installation, use and maintenance of Lessee's equipment and equipment shelter structure. 2. Lessee's Use of Site Subject to Existing Lease and Other Uses. Lessee acknowledges that Lessor has leased and will lease Rosenblatt Stadium, including the adjacent parking lots (hereinafter referred to as the "Stadium"), or otherwise authorize the use of the Stadium during the term of this Agreement to, among others, the Omaha Royals Baseball Club, the College World Series and, from time to time, other entities who utilize the Stadium for various purposes. Lessee acknowledges that other tenants and users of the Stadium have the right to utilize the Stadium without interference • from the construction, presence and use of the improvements to be placed on the Stadium property by Lessee. Lessee further acknowledges that use of the Stadium by others will 1 • include such activities as baseball games, outdoor concerts, fireworks displays, and other public events. Lessee hereby releases and discharges Lessor, the Omaha Royals Baseball Club, the College World Series, and any other authorized user of the Stadium from any and all liability, claims, losses, damages, costs or expenses caused by or arising out of such parties lawful use of the Stadium. 3. Lessee's Obligations Subject to Approvals. Lessor acknowledges that Lessee has disclosed to Lessor that Lessee is constructing a cellular radio telecommunications system of which the equipment installation at Lessor's Site is an integral part. This Lease and Lessee's obligations hereunder are conditional upon and subject to receipt by Lessee or its assignee of: (a) All necessary governmental approvals for operation and construction of such cellular system, which may include but shall not be limited to, FCC licenses, FAA approval of the tower, and a Conditional or Special Use Permit from the appropriate zoning authority; and (b) All necessary approvals for operation and construction of such cellular system required by any covenants, conditions or restrictions governing the use of, or construction upon, the Site. The cost of such approvals shall be at Lessee's cost and expense. In the event that such approvals are not received or maintained, this Lease may be terminated by Lessee. 4. Rent. The rental fee shall be paid monthly in advance, and shall be in the following amounts: Five Hundred Dollars ($500.00) per month for the Initial Term of the Lease, Six Hundred Dollars ($600.00) per month for the second five-year term, Seven Hundred Dollars ($700.00) per month for the third five-year term, Eight Hundred Dollars ($800.00) per month for the fourth five-year term, and Nine Hundred Dollars ($900.00) per month for the fifth five-year term. In the event that Lessee subleases the Site to another telecommunications provider, the rental fee stated above shall be increased in the following amounts for each such provider: One Hundred Dollars ($100.00) per month for the Initial Term of the Lease, One Hundred Twenty Dollars ($120.00) per month for the second five-year term, One Hundred Forty Dollars ($140.00) per month for the third five-year term, One Hundred Sixty Dollars ($160.00) per month for the fourth five-year term, and One Hundred Eighty Dollars ($180.00) per month for the fifth five-year term. 2 • 5. Term and Option to Renew. The Initial Term of this Lease shall be for five (5) years beginning on , 1995. Lessee shall have four (4) successive five (5) year options to extend the term of the Lease on the same terms and conditions, except as to rent. Upon expiration of the Initial Term or any subsequent extensions thereof, the term of this lease shall be automatically extended for the periods stated in this section unless written notice of Lessor's or Lessee's intent to not extend is provided to the other party at least one (1) year prior to the expiration of the term then in effect. 6. Warranties of Ownership and Quiet Enjoyment. Lessor covenants that Lessor is the owner of the Site and has full right to make this Lease and that Lessee shall have quiet and peaceable possession of Lessee's space at the Site during the term hereof. Lessee acknowledges that Lessor has entered into a lease of the Stadium with the Omaha Royals Baseball Club and from time-to-time will authorize others to use the Stadium. Lessee shall not interfere in any manner with the quiet and peaceful enjoyment of the Omaha Royals Baseball Club and other authorized users of the Stadium. Lessee further warrants and represents that its construction and use of the Site pursuant to this Lease shall not interfere in any way with the use of the Stadium by the Omaha Royals, the College World Series or any other authorized user of the Stadium. In particular, but without limitation, Lessee warrants and represents that its construction and use of the Site will not interfere in any way with broadcast or reception of communication or broadcast signals for radio, television, telephone, cellular phones, radios for internal communication or any other communication or information device used by the Omaha Royals Baseball Club or any other authorized user of the Stadium. If Lessee learns or is notified by the Lessor, the Omaha Royals, the College World Series or any other authorized user of the Stadium that Lessee's cell site may be causing interference with such broadcast or reception or communication, Lessee shall immediately investigate each claim and promptly take corrective action to eliminate such interference to the satisfaction of such authorized user. 7. Title to Improvements. All improvements to the property and equipment installed by Lessee at the Site shall be and remain the property of Lessee.. Lessee shall remain the owner of any such improvements and equipment and shall have the right to remove same upon termination of this Lease. 8. Costs of Installation and Maintenance. All costs and expenses incurred in the installation and maintenance of the improvements and equipment installed by Lessee at the Site shall be paid by Lessee. 3 9. Compliance with Laws. Lessee shall comply with all laws, rules, regulations and ordinances of local, state and federal authorities, and their respective agencies and departments in connection with the installation, maintenance and operation of the improvements and equipment installed by Lessee at the Site. In the event that Lessee shall violate any of the provisions of said laws, Lessor may notify Lessee, and in the event such violation is not remedied within thirty (30) days from the receipt of said notice, all rights of Lessee hereunder shall terminate, and Lessee shall suspend operation and remove its improvements and equipment from the Site at Lessee's cost. 10. Liability. Lessee shall indemnify and hold harmless the Lessor from and against all losses, claims, damages, and expenses, including attomey's fees, arising out of or resulting from negligent or wilful actions or inactions in the use of the Site that results in bodily injury, sickness, disease, death, or injury to or destruction of tangible property, caused in whole or in part by the Lessee, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Lessee shall not be required to indemnify or hold harmless the Lessor for any losses, claims, damages, and expenses arising out of or resulting from the negligent or wilful actions or inactions of the Lessor, and in such event, Lessor shall indemnify or hold harmless the Lessee for any losses, claims, damages and expenses resulting therefrom. Lessee shall indemnify, defend and hold harmless the Omaha Royals Baseball Club, the College World Series and any other authorized user of the Stadium from and against all losses, claims, damages, fines, penalties, causes of action, liabilities and expenses, including, without limitation, attorney's fees (hereinafter "Loss") incurred by any person including without limitation, Lessor, Omaha Royals Baseball Club, the College World Series or any authorized user of the Stadium including employees, invitees, permittees or patrons of the authorized users, arising out of or in any manner connected with the construction, operation or use of the Site that results in the Loss, caused in whole or in part by the Lessee, its contractors, employees, agents or representatives. Lessee shall not be required to indemnify, defend or hold harmless any of the above for any Loss caused solely by the negligent or willful actions of any of the authorized users of the Stadium. 11. Insurance. Throughout the term of this Lease, and any extension thereof, Lessee agrees to procure and maintain in force with companies licensed to do business in the State of Nebraska, public liability insurance with, at minimum, policy limits of$1,000,000/$2,000,000 for bodily injury or death and $500,000 for property damage, and workers' compensation insurance in accordance with the laws of the State of Nebraska. Said policies shall expressly include the Lessor as an additional named insured. 4 • A certified copy of the policies, or a certificate evidencing the existence thereof, shall be delivered to the Lessor within ten (10) days after the execution of this Lease. Each such copy shall contain a valid provision or endorsement that the policy may not be canceled, terminated or materially changed or modified without giving thirty (30) days written advance notice thereof to the Lessor. Each such policy shall contain an additional endorsement providing that the insured's carrier shall not, without obtaining express advance permission from the Lessor, raise any defense involving in any way the immunity of the Lessor, its officers, agents or employees, the governmental nature of the Lessor, or the provisions of any statutes respecting suits against the Lessor. Upon receipt of notice from the Lessor, Lessee shall take such action as the Lessor deems necessary and expedient to insure that the Lessor is held harmless from any liability from any cause whatsoever arising as a result of Lessee's activity, use and operations in the leased areas to any person, individual or entity. 12. Taxes. All taxes attributable to Lessee's installation at the Site pursuant to this Lease shall be paid by Lessee. All other taxes levied or assessed concerning the Site shall be paid by Lessor. 13. Assignment and Subletting. Lessor and Lessee shall not assign or sublease this Lease, or any interest herein, without the prior written consent of the non-assigning party. 14. Default. In the event that either party breaches any provision of this Lease, the non- breaching party shall provide written notice of such default to the breaching party and the Sublessee. If the breaching party's default is not remedied within thirty (30) days following receipt of such notice, the non-breaching party shall have the right to terminate this Lease. In addition to the right of termination, the non-breaching party shall be entitled to exercise all rights possessed at law or in equity. If the Lessee's default is not remedied within twenty (20) days following receipt of such notice, the Sublessee shall have the right but not the obligation to cure such default, and, in addition to any other remedies at law or in equity, offset the cost against any amounts due Lessee, make future rent payments directly to the Lessor, and take possession of the Site until completely reimbursed. So long as the Lessee is in default in the performance of any of the terms of the Lease, the Sublessee may elect to succeed to the Lessee's interest under the Lease, and the Sublessee shall be bound to the Lessor under all of the terms of the Lease for the balance of the term thereof with the same force and effect as if the Sublessee were the Lessee under the Lease. This shall be effective and self-operative without the execution of any further instrument on the part of any of the parties hereto. 5 • " . . 15. Termination for Obsolescence. This Agreement may be terminated, without any penalty or further liability, on days written notice by Lessee if the Premises are or become unacceptable to Lessee under Lessee's design or engineering specification for its Facility or for the communications system to which the Facility belongs. 16. Utility Easements. Lessee shall have the right to enter into agreements with utility companies creating easements in favor or such companies, subject to approval by Lessor which shall not be unreasonably withheld, as are required in order to service the improvements on the Site. Lessor covenants and agrees to consent thereto and to execute any and all documents, agreements and instruments, and to take all other actions, in order to effectuate the same, all at Lessee's cost and expense. 17. Notices. All notices, demands or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, by either party hereto to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: TO LESSOR: City of Omaha Parks Department 1819 Farnam Street, Suite 701 Omaha, NE 68183-0804 Attention: Jerry D. Parks TO LESSEE: First Cellular Omaha 15432 West Center Road Omaha, NE 68144 Attention: Brad Hedrick, Vice President, Cellular Engineering TO SUBLESSEE: U S WEST NewVector Group, Inc. 3350- 161 st Avenue Southeast P. O. Box 91211 Bellevue, WA 98009-9211. Attention: Real Estate & Construction -Mail Stop 581 6 :r.. �dry • The address to which any notice, demand, or other writing may be given or made or sent to any party as above may be changed by written notice given by such party as above provided. 18. Parties Bound. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, executors, administrators, and assigns of all of the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder. 19. Nondiscrimination The Lessee shall not, in the performance of this Lease, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 20. Captions Captions used in this Lease are for convenience and are not used in the construction of this Lease. 21. Applicable Law Parties to this Lease shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Lease. 22. Interest of the City Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the Lessor City of Omaha shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. 23. Merger This Lease shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. 24. Modification This Lease contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No 7 agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases. 25. Strict Compliance All provisions of this Lease and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. 26. Independent Contractor It is understood and agreed by and between Lessee and Lessor that any and all acts that Lessee or its personnel, employees, agents, contractors, or servants, perform pursuant to the terms of this Lease shall be undertaken as independent contractors and not as employees of the Lessor. Lessee shall have no authority to bind the Lessor by or with any contract or agreement, nor to impose any liability upon the Lessor. All acts and contracts of Lessee shall be in its own name and not in the name of the Lessor, unless otherwise provided herein. 27. Review of Lease Agreement Lessee represents that it has carefully reviewed the terms and conditions of this Lease and is familiar with such terms and conditions and agrees to faithfully comply with the same to the extent to which said terms and conditions apply to its activities, authorized and required by this Lease. 28. Invalid Provision In the event that any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision herein contained shall not affect the validity of the remainder of the covenants, conditions, or provisions of this Lease which shall in all respects remain a legally binding contract with the invalid portion being deleted; provided that the validity of any such covenant, condition, or provision does not materially prejudice either the Lessor or Lessee in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Lease. 8 ATTEST: The CITY OF OMAHA, NEBRASKA, a municipal c oration, Lessor BY: By: 5 City lerk I aub ayor OMAHA CELLULAR LIMITED PARTNERSHIP d/b/a FIRST CELLULAR OMAHA Lessee By: Brad Hedrick Vice President, Cellular Engineering STATE OF NEBRASKA ) ss. COUNTY OF utaL S ) The foregoing instrument was acknowledged before me this I6 day of g 4k , 1995, by Hal Daub, Mayor of the City of Omah Nebraska, Lessor. x WLIOTM1�#OMlN oromatielieAtow Not ry Public STATE OF NEBRASKA ) ) ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this -3/ day of , 1995, by Brad Hedrick, Vice President, Cellular Engineering, First Cellular Omaha, Lessee. • Notary Public jengeBAL NOTARY-St BE Y ta Ift Comm.Exp.Sept.2,1995 9 • 0 Y ,,,.A".; oil ,, , , t,i,..3,.:: . ,,:,.,_ ,:_,_,, . 0 ,1Mµ „' ,..._,.. , ilk ':-. i �' H i -. � t L 4 `°fir ' ._. ,z H 0 0 i ` aMi TAMIL E-1 s U� a At r t r 4 [i r0 It a t 4 ,i � C, . � � . I l. ' 1 ii,.....:4111* 106 • � l'i-4":''' cf__)0 H 4Q ../. _. , I. 12 • Z al 41 a ' H yy T� i Ill i pT$ft. 3 is i I do a 's � ra ,y -. R} , SEP 12 '95 09:24AM LINCOLN TELEPHONE P.2/20 OMASTADIUM L !RI 1 LEASE AGREEMENT This Lease Agreement ("Agreement") is made and entered into as of the , 19 , between Lessor and Lessee. A. Lessor is the lessee, pursuant to a. lease with the City of Omaha (the "Masterlease"), of a portion of certain real property located in the County of Douglas, State of Nebraska, described in Exhibit A attached hereto and made a part hereof by this reference (the "Property"). B. Lessee desires to sublease a portion of the Property consisting of (i) interior building space and (ii) tower space for antennas and necessary appurtenances attached to the tower, as well as rights of way for ingress and egress and utilities thereto (the "Premises"). The Premises are described in Exhibit A attached hereto and made a part hereof by this reference. - For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: ARTICLE 1. In addition to the terms that are defined elsewhere in this Agreement, the following terms are used in this Agreement: (a) Tower and Building: The tower and building to be built by Lessor at Rosenblatt Stadium, 1202 Bert Murphy Avenue, Omaha, Nebraska (b) Lessor: Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha (c) Lessor's Address: 15432 West Center Road Omaha, NE 68144 Telephone: (402) 330-6500 BOLA-003 7/29/94 1 EXHIBIT "2" SEP 12 '95 09:24AM'LINCOLN TELEPHONE P.3/20 (d) Lessor's Rent Payee: Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha Address: 15432 West Center Road Omaha, NE 68144 Telephone: (402) 330-6500 (e) Lessee: Omaha Cellular Telephone Company (f) Lessee's Address: U S WEST NewVector Group, Inc. 3350 - 161 st Avenue Southeast Bellevue, Washington 98008-1329 P. 0. Box 91211 Bellevue, WA 98009-921 1 Attention: Real Estate and Construction - Mail Stop 581 Telephone: (206) 747-4900 (g) Commencement Date: the later of (a) the date on which the Masterlease is fully executed, or (b) the date on which the Agreement is fully executed. (h) Expiration Date: The date preceding the 5th anniversary of the Commencement Date (or, if earlier, the termination of the initial term under the Masterlease), or as extended pursuant to section 3.03 (or, if earlier, the termination of the applicable renewal term under the Masterlease). (i) Rent: Eight Hundred and no/100 Dollars ($800.00) per month. (j) Renewal Terms: four (4) consecutive periods of five (5) years each, beginning on the Expiration Date (without extension). ARTICLE 2. 2.01 legal Description. Lessor grants Lessee the right, but not the obligation, at any time during the term of this Agreement, to obtain a survey of the Premises at Lessee's expense. The legal description that may be derived from the survey will become Exhibit B which will be attached hereto and made a part hereof, and shall control in the event of any inconsistency between it and Exhibit A. ARTICLE 3. 3.01 Lease Term The term of this Lease shall begin on the Commencement Date and shall expire on the Expiration Date. Beginning on the Commencement Date, Lessor shall deliver possession of the Premises to Lessee, together with non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, and for the installation and maintenance of a cellular facility on the Premises. Lessor agrees to execute without delay any easement documents as may be required by any utility company in connection with Lessee's use of the Premises. 3.02 j?ent. Each month during the Lease term, Lessee shall pay the Rent to the name and address specified as Lessor's Rent Payee. 2 ' SEP 12 '95 09:25AM.LINCOLN TELEPHONE P.4/20 • 3.03 Right to Extend. Lessee shall have the right to extend the term of this Lease for the Renewal Terms. Notice of the exercise of the right to extend the term shall be given by Lessee to Lessor at least six (6) months before the end of each such period. 3.04 Renewal Rental. The monthly rental for the first five-year extension term shall continue to be paid in monthly installments and shall be increased to Four Hundred Seventy and no/100 Dollars ($470.00); the monthly rental for the second five-year extension term shall be increased to Five Hundred Forty and no/100 Dollars ($540.00); the monthly rental.for the third five-year extension term shall be increased to Six Hundred and no/100 Dollars ($600.00); and the monthly rental for the fourth five-year extension term shall be increased to Six Hundred Seventy and no/100 Dollars ($670,00). 3.05 Lessee's Use. Lessee shall use the Premises for the purpose of constructing, maintaining, and operating a communications facility and uses incidental thereto (the "Facility") The Facility may consist of a tower mounted antenna system and interior building space, including all necessary connecting appurtenances sufficient to be a fully operable communications facility for its intended licensed communications coverage areas. This may include, without limitation, radio transmission and computer equipment, batteries and generator equipment. Lessor shall construct the Building and Tower at Lessor's expense. The location of Lessee's antennas on the Tower and the location of Lessee's leasehold space in the Building shall be substantially in accordance with the drawings attached hereto as Exhibit A, and made a part hereof by this reference. All of Lessee's improvements shall be at Lessee's expense. Lessor will keep the Tower and Building in good repair. Lessee shall maintain the Premises in reasonable condition. Lessee shall not attach, affix, paint or exhibit signs. In addition, in the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Lessee may erect additional telecommunications facilities and install additional equipment on a temporary basis on the Property to assure continuation of service. Lessee hereby consents to the use of Lessor's Property by another communication provider for the erection, operation and maintenance of a transmission facility (including an antenna structure) so long as (a) Lessor provides not less than 60 days' prior notice to Lessee of the erection of such facility together with facility specifications for Lessee's approval, (b) the antenna structure shall be erected a distance of not less than 20 feet, vertically and horizontally, from Lessee's antenna structure, (c) the erection, maintenance and operation of such transmission facility shall not result in any impairment or diminution in the quality of the communications service rendered by Lessee to or from the Property, and (d) no changes shall be made to the antenna structure of such other provider without Lessee's prior written consent, which consent shall not be unreasonably withheld. If Lessee deems, in its sole discretion, that the provisions of this section have been violated by Lessor or such other provider, Lessee shall provide Lessor with notice of such violation. If such violation is not cured or mitigated (at no expense to Lessee) within 24 hours of receipt of such notice, Lessor shall cause such other provider to immediately cease use of its radio system, or portion thereof causing such interference, until such time as the interference is cured. Lessor shall require that any agreement with such other provider shall include a • provision requiring compliance by such other provider with the provisions of this section. 3 SEA' 12 '95 09:25AM LINCOLN TELEPHONE• P.5/20 3.06 Interference, Lessor will require all occupants at this location to adhere to the same technical standards. in its use of the Premises, Lessee will not interfere with the operations of Lessor or other existing occupants of the Property. In the event of any such interference, Lessee shall take all actions necessary to eliminate such interference in accordance with reasonable technical standards. If any such interference inhibits Lessor's operations on the Property, and Lessee does not correct or commence to correct such interference within 24 hours, or if there are intermediate levels of interference and Lessee does not correct or commence to correct such interference within 30 days, Lessee shall discontinue operating such equipment, on Lessor's demand, unless and until it can be operated without interference, or shall replace the interfering equipment with alternative equipment that does not cause such interference. Lessee shall additionally have the option to terminate this Agreement. Lessor agrees that it will require any other occupants of the Property subsequent to Lessee to provide to Lessee these same assurances against interference, and Lessor shall have the obligation to eliminate any interference with the operations of Lessee caused by such subsequent occupants. If such interference is not eliminated, Lessee shall have the right to terminate this Agreement or seek injunctive relief enjoining such interfering use generated by any other occupant of the Property provided all reasonable efforts to eliminate the interference have been exhausted. 3.07 Termination. This Agreement may be terminated, without any penalty or further liability, on 60 days' written notice as follows: (a) by either party on default of any covenant or term hereof by the other party, which default is not cured within 60 days following receipt of notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof): (b) by Lessee if it is unable to obtain or maintain any license, permit or other governmental approval necessary to the construction or operation of the Facility or Lessee's business; or Cc) by Lessee if the Premises are or become unacceptable to Lessee under Lessee's design or engineering specification for its Facility or for the communications system to which the Facility belongs. No later than 60 days after the termination of this Agreement, by expiration of the term or otherwise, Lessee will remove its personal property and fixtures and restore the Premises to their condition on the Effective Date, reasonable wear and tear and casualty loss excepted. If time for removal causes Lessee to remain on the premises after termination of this Lease, Lessee shall pay rent at the then existing monthly rate or the existing monthly pro rata basis if based on a longer payment term, until such time as the removal of the personal property and fixtures is completed. If Lessee exercises its right to terminate this Lease, Lessee shall pay to Lessor an amount equal to three (3) months rent applicable to the year in which Lessee's Notice is given (the "Termination Notice"). ARTICLE 4. 4.01 Lessee's Insurane. Lessee agrees to maintain general liability insurance for claims for bodily injury or death and property damage with combined single limits of not less than $1,000,000 combined single occurrence limit and $2,000,000 combined aggregate limit. 4 SEP 12 '95 09:26AM. LINCOL.N TELEPHONE• P.6i20 4.02 Lessor's Insurance. At all times during the term of this Agreement, Lessor will carry maintain a program of self-insurance that is similar to fire and extended coverage insurance covering the Tower and Building, its equipment and common area furnishings in amounts not less than their full replacement cost. Lessor shall also carry commercial general liability insurance in amounts reasonably determined by Lessor. 4.03 Waiver of $ubroaatiort, Lessor and Lessee each waive any and all rights to recover against the other, or against the officers, directors, shareholders, partners, joint ventures, employees, agents, customers, invitees or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried pursuant to this section or any other property insurance actually carried by such party. Lessor and Lessee, from time to time, will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Tower and Building or the Premises or the contents of either. 4.04 Damage. If the Premises or a portion of the Tower and Building necessary for Lessee's occupancy is damaged during the term of this Lease by any casualty which is insured under standard fire and extended coverage insurance policies, Lessor will repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction. The Rent or Renewal Rent, as applicable, will be abated proportionately during any period in which there is substantial interference with the operation of Lessee's business. If the Premises are damaged to the extent that it would take, In Lessor's reasonable judgment, more than 30 days to repair, then either Lessor or Lessee may terminate this Lease. 4.05 Insiemnification. During both the option period and the term of the Lease, the Lessee shall indemnify and hold Lessor harmless against any claim of liability or loss from personal injury or property damage caused by the negligence or willful misconduct of the Lessee, its servants or agents except to the extent that such claims or damages may be due to or caused by the acts or omissions of the Lessor, its servants, agents, or any other party for whom Lessor may be responsible. ARTICLE 5. 5.01 Lessor Compliance. Lessor represents and warrants that, as of the date of this Lease, the Premises and the Property comply with all applicable laws, statutes, ordinances, rules, codes, regulations, orders, and interpretations of all federal, state, and other governmental or quasi-governmental authorities having jurisdiction over the Property (collectively, "Laws"). At its sole cost and expense, Lessor will promptly comply with all Laws, and will cause the Premises and the Property to comply with ail Laws, except to the extent that such compliance is required solely as a result of Lessee's use or occupancy of the Premises. If any modifications are required to be made to the Property after the date hereof as a result of any Laws, Lessee shall have no liability for any costs therefor, whether as a pass-through of operating expenses or otherwise. 5.02 Lessee Compliance. Lessee will promptly comply with all Laws relating to Lessee's use or occupancy of the Premises. At its sole cost and expense, Lessee will 5 SEP 12 '95 09:26AM LINCOLN TELEPHONE P.7/20 • promptly cause the Premises to comply with all Laws to the extent that such compliance is required solely as a result of Lessee's use or occupancy of the Premises. 5.03 Environmental Matters. (a) Lessee will be solely responsible for and will defend, indemnify, and hold Lessor, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property associated with the Lessee's use of Hazardous • Materials. (b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulation including, but not limited to, CERCLA. The obligations of this Section 5.03 shall survive the expiration or other termination of this Agreement. ARTICLE 6. 6.01 Utilities and Taxes. Lessee will be responsible for all utilities required by its use of the Premises. Lessee shall pay its utilities pursuant to a separate meter. Lessee will pay any increase in personal property taxes caused by the improvements constructed thereon by Lessee. In the event that the personal property or real estate tax assessment on Lessor's property reflects Lessee's improvements, Lessor agrees to provide to Lessee in a timely manner a copy of the assessment. Lessee may contest, at its expense, any assessment imposed on the Premises or Lessee's activities. 6.02 Title and Quiet Enjoyment. Lessor represents and warrants to Lessee that (a) Lessor has full right, power, and authority to execute this Agreement, and will provide Lessee with evidence of such authority; (b) Lessor has good and marketable leasehold rights to the Premises free and clear of any liens or mortgages except those matters which are of public record as of the Effective Date; and (c) there is direct legal ingress and egress to the Premises for Lessee's use for vehicles and pedestrians from a public right-of-way. Lessor further covenants that Lessee shall have quiet enjoyment of the Premises during the term of this Agreement and any renewal thereof. For any encumbrance which is a matter of public record Lessor will promptly obtain from such encumbering entity a non-disturbance agreement stating that, so long as Lessee is not in default hereunder, this Agreement will continue in full force and effect. Lessor agrees to notify Lessee immediately if at any time during the term of this Agreement Lessor decides to subdivide, sell, or change the status of the Premises or the Property, or if Lessor learns of any pending or threatened or contemplated actions, litigation, claims, condemnations, or other proceedings which would affect the Premises or any part of 6 SEP 12 '95 09:27AM .LINCOL.N TELEPHONE P.8/20 the Premises, or any land use or development proposals affecting property in the vicinity of the Property of which Lessor receives actual Notice. Neither Lessee, nor anyone claiming by, through, or under Lessee, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Lessee therein, and notice is hereby given that no contractor, sub-contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon. 6.03 Smacessors and Aesions. This Agreement shall run with the Property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Lessee shall have the right, without prior notice to or consent by Lessor, to assign this Lease, transfer this Lease or to sublet the Premises to any parent, subsidiary or affiliate entity of Lessee, specifically including, but not limited to, the communications entities which may emerge from the joint venture pending between U S WEST, Inc. and AirTouch Communications, Inc., which assignment, transfer or sublease shall fully release Lessee from any further obligations or liability under the terms of this Lease commencing on the effective date of the assignment, transfer or sublease. 6.04 Complete Agreement. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and understandings between Lessor and Lessee and that no other agreements, promises, or understandings shall or will be binding on either Lessor or Lessee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless in writing and signed by the parties hereto. 6.05 Applicable Law.. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the state in which the Premises are located. 6.06 Notices. All notices and other communications including changes in the Lessor's Rent Payee, required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service) addressed to the party for whom it is intended at its address set forth in section 1 . Any such notice or other communication shall be deemed to be effective when actually received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent. 6.07 Authority, Each of the individuals executing this Agreement on behalf of the Lessee or the Lessor represents to the other party that such individual is authorized to do so by requisite action of the party to this Agreement. 6.08 Disputes. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. 7 SEP 12 '95 09:27AM•LINCOLN TELEPHONE P.9/20 • 6.09 Recording. Lessor shall execute and Lessee shall be permitted to record, at any time, a memorandum of this Agreement. If the Lease portion of this Agreement is terminated prior to the expiration of its term, Lessee shall record an appropriate instrument to clear the memorandum from the title to the Property.. IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their respective seals the day and year first above written. LESSOR: LESSEE: Omaha Cellular Limited Partnership, Omaha Cellular Telephone Company d/b/a First Cellular Omaha By: U S WEST NewVector Group, Inc., By; Prairie Communications , Inc. its Managing General Partner Its: Managing General Partner By: By: Its: Its: vice-President Tax ID No.: 47-0688485 8 SEP 12 '95 09:28AM.LINCOLN TELEPHONE P.10/20 ACKNOWLEDGMENT STATE OF Nebraska COUNTY OF Lancaster ) ss. The foregoing instrument was acknowledged before me this 11 th day of • September , 1995 , by Michael J. Tavlin as Vine-President Of Prairie Communications, Inc. , the Managing Partner of the Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha, on behalf of the partnership. GIVEN under my hand and official seal this I1th day of September 1995 Notary.Public in and for the State of residing at My appointment expires: ACKNOWLEDGMENT STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 by , as of U S WEST NewVector Group, Inc., the managing general partner of Omaha Cellular Telephone Company, on behalf of the partnership. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of residing at My appointment expires: SEP' 12 '95 09:28AM LINCOLN TELEPHONE . P.11/20 OMASTAPIUM Page / of dr HIBIT A Property DeacciLtion: The Northeast Quarter of the Southeast Quarter, and that portion of the Southeast Quarter of the Northeast Quarter, lying directly North of the Northeast Quarter of the Southeast Quarter, being bounded by Deer Park Boulevard on the. North, vacated Old 13th Street on the West and vacated 10th Street on the East, all in Section 34, Township 15 North, Range 13 East of the 6th P.M., together with vacated Old 13th Street, vacated 10th Street and vacated "B" Street, in the City of Omaha, Douglas County, Nebraska. • Premises DescriotLon; LEGAL DESCRIPTION (LEASE AREA) THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34 , T15N. RI3E OF THE 6TH P.M. , DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS; COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF "B" STREET AND THE EAST LINE OF 13TH STREET; THENCE NORTH ( ASSUMED BEARING) 440. 17 FEET ON THE EAST LINE OF 13TH STREET; THENCE S89°38' 45"E 126.30 FEET; THENCE SOUTHEASTERLY ON A 68.98 FOOT RADIUS CURVE TO THE RIGHT , CHORD BEARING S68°17' 18"E , CHORD DISTANCE 50.24 FEET, AN ARC DISTANCE OF 51 .42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 28.09 FOOT RADIUS CURVE TO THE LEFT, CHORD SEARING S82'14 ' 47"E, CHORD DISTANCE 32. 47 FEET, AN ARC DISTANCE OF 34.62 FEET; THENCE N62.26' 30"E 123. 15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N62.26' 30"E 20.00 FEET; THENCE NORTHEASTERLY ON A 200.00 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N67.27' 18"E, CHORD DISTANCE 34.95 FEET, AN ARC DISTANCE OF 35.00 FEET ; THENCE N17°31 ' 54"W 25.00. FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 225.00 FOOT NONTANGENT CURVE TO THE LEFT. CHORD BEARING S67.27' 18"W, CHORD DISTANCE 39.32 FEET , AN ARC DISTANCE OF 39 .38 FEET; THENCE S62°26' 30"W 20.00 FEET; THENCE S27°33' 30"E 25.00 FEET TO THE POINT OF BEGINNING. SEP 12 '95 09:28AM •LINCOLN TELEPHONE P.12/20 OMASTADIUM Page Z of 5 EXHIBIT A Premises Description (continued): LEGAL DESCRIPTION ( INGRESS - EGRESS EASEMENT) PART OF LOTS 4 AND 5, YOUNGERMANS ADDITION, AS SURVEYED. PLATTED AND RECORDED IN DOUGLAS COUNTY, NEBRASKA, TOGETHER WITH PART OF VACATED OLD 13TH STREET ADJACENT TO SAID LOT 4 AND 5 ON THE EAST TOGETHER WITH PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34 , T1SN. R13E OF THE 6TH P .M . . SAID DOUGLAS COUNTY, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS ; COMMENCING AT THE POINT ON INTERSECTION OF THE NORTH LINE OF "B" STREET AND THE EAST LINE OF 13TH STREET; THENCE NORTH ( ASSUMED BEARING) 422. 17 FEET ON THE EAST LINE OF 13TH STREET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 18.00 FEET ON THE EAST LINE OF 13TH STREET; THENCE S89°38 ' 45"E 126.30 FEET; THENCE SOUTHEASTERLY ON A 68.98 FOOT RADIUS CURVE TO THE RIGHT. CHORD BEARING S68°17 ' 18"E, CHORD DISTANCE 50.24 FEET , AN ARC DISTANCE OF 51 . 42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 26.09 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING S82°14 . 47"E , CHORD DISTANCE 32. 47 FEET , AN ARC DISTANCE OF 34 .62 FEET , THENCE N62'26' 30"E 143. 15 FEET ; THENCE NORTHEASTERLY ON A 200. 00 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N67°27 ' 18"E , CHORD DISTANCE 34 .95 FEET , AN ARC DISTANCE OF 35.00 FEET; THENCE 517'31 ' 54"E 18 .00 FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 182.00 FOOT RADIUS NONTANGENT CURVE TO THE LEFT , CHORD BEARING S67°27 ' 18"W, CHORD DISTANCE 31 .81 FEET, AN ARC DISTANCE OF 31 .85 FEET; THENCE 562.26' 30"W 143. 15 FEET: THENCE NORTHWESTERLY ON A 46.09 FOOT RADIUS CURVE TO THE RIGHT . CHORD BEARING N82.14' 44"W, CHORD DISTANCE 53.28 FEET , AN ARC DISTANCE OF 56. 61 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHWESTERLY ON A 50.98 FOOT RADIUS CURVE TO THE LEFT , CHORD BEARING N68.17 ' 18"W, .CHORD DISTANCE 37. 13 FEET , AN ARC DISTANCE OF 38 .00 FEET; THENCE N89°38 ' 4 5"W 126. 18 FEET TO THE POINT OF BEGINNING. SEP 12 '95 09:29AM LINCOLN TELEPHONE P.13/20 • OMASTADIUM •t ,1 EXHIBIT A Page 3 of � Premises Description (continued 1 •+71 call.o.... , „______n=l6rr • � � Qz .. i i �m..•o..t..Arrow*see 1 1 +7o�sr. I l� • • i It— z • i `: I I— O i1 Tore;oRenwTx?I.Q. I _I t ;I • _ w W I! • ..a• e s I LU 0 I I i w w Aker/NM jI.VDF..e. UI 0 1 I ;G00/9ri ALPVrr.'J9ot'>• - 0 • ai.x -..a 'ba �p.x • - - - Imo 07 ! uc-r \ Ql.y I Q i I �/•�•��r // I I 1 i i Q I + • ' •i 1 � kJl1 ,p • .p Z ��R9.j n-y w ....Ace \.� ...PAC" N et I I AwrLyM 'fir.740 LRENM AymAM•170' W . 'CO��Qr"Own.7D.>Yl '}� / TO-7 ICQ0Af9 AiM/I.r W,d) 'LZ ', �° S . \; , II Rf.2 aya AC". 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P.16i20 • OM T THIS INSTRUMENT DRAFTED BY, FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: U S WEST NewVector Group, Inc. oRIGINAL Attn: Real Estate Dept.2510 Mendelssohn Avenue North Golden Valley, MN 55427 MEMORANDUM OF LEASE This Memorandum dated this day of , 19 , by and between Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha, 15432 West Center Road, Omaha, NE 68144 (hereinafter "Lessor") and Omaha Cellular Telephone.Company, c/o U S WEST NewVector Group, inc., 3350 161st Avenue S.E., P.O. Box 91211, Bellevue, Washington 98009-9211 (hereinafter "Lessee"), is a record of that Lease Agreement (hereinafter "Agreement") between Lessor and Lessee dated which Agreement includes in part the following terms: 1. )_eased Premises. The Agreement pertains to real property which is described in Exhibit "A" (hereinafter "Property"), which is attached hereto and incorporated herein by this reference. 2. _Term of Agyeement and Options to Extend. The initial term of the Agreement is for a five-year (5) period. Lessee has options to extend the Agreement term for four (4) consecutive five-year (5) periods. 3. Successors and Assigns. The terms, covenants and provisions of the Agreement extend to and are binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. 4. Aatification 9f Lease. The parties by this Memorandum intend to record a reference 1 • , SEP 12 '95 09:30AM-LINCOL-N TELEPHONE P.17/20 to the Agreement and do hereby ratify and confirm all of the terms and conditions of the Agreement and do hereby declare that the real property described in Exhibit "A" attached hereto is in all respects subject to all of the applicable provisions contained in the Agreement. LESSOR: Omaha Cellular Limited Partnership, dlbla First Cellular Omaha By: PraidALSJIRMUDISJ ULlans, Inc. Its: Managing General Partner By: Its: Vice-President LESSEE: Omaha Cellular Telephone Company By: U S WEST NewVector Group, Inc., its Managing General Partner By: Its: MOL002 9-1-93 2 SEP 12 '95 09:31AM•LINCOL•_N TELEPHONE P.18/20 ACKNOWLEDGMENT • STATE OF Nebraska ) ss. COUNTY OF Lancaster The foregoing instrument was acknowledged before me this 11 th day of September 1995 , by Michael J. Tavlin , as Vice-President of Prairie Communications, Inc. the Managing Partner of the Omaha . Cellular Limited Partnership, d/b/a First Cellular Omaha, on behalf of the partnership. GIVEN under my hand and official seal this 11 th day of September , 19 95. Notary Public in and for the State of residing at My appointment expires: ACKNOWLEDGMENT STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_ by , as of U S WEST NewVector Group, Inc., the managing general partner of Omaha Cellular Telephone Company, on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of residing at My appointment expires: SEP 12 '95 09:31AM.LINCOLN TELEPHONE P.19/20 QMAVADIUM Page I of Z EXHIBIT A Property DesQriotion: The Northeast Quarter of the Southeast Quarter, and that portion of the Southeast Quarter of the Northeast Quarter, lying directly North of the Northeast Quarter of the Southeast Quarter, being bounded by Deer Park Boulevard on the North, vacated Old 13th Street on the West and vacated 10th Street on the East, all in Section 34, Township 15 North, Range 13 East of the 6th P.M., together with vacated Old 13th Street, vacated 10th Street and vacated "B" Street, in the City of Omaha, Douglas County, Nebraska. • Premises Descr_i_otion: LEGAL DESCRIPTION (LEASE AREA) THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34 , T15N, R13E OF THE 6TH P .M. , DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS; COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF "8" STREET AND THE EAST LINE OF 13TH STREET; THENCE NORTH (ASSUMED BEARING) 440. 17 FEET ON THE EAST LINE OF 13TH STREET ; THENCE S89'38' 45"E 126. 30 FEET ; THENCE SOUTHEASTERLY ON A 68.98 .FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING S68°17 ' 18"E , CHORD DISTANCE 50.24 FEET, AN ARC DISTANCE OF 51 . 42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 28.09 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING 5H2'14' 47"E, CHORD DISTANCE 32.47 FEET, AN ARC DISTANCE OF 34.62 FEET; THENCE N62°26' 30"E 123. 15 FEET TO THE • POINT OF BEGINNING; THENCE CONTINUING. N62.26' 30"E 20.00 FEET ; THENCE NORTHEASTERLY ON A 200.00 FOOT. RADIUS CURVE TO THE RIGHT , CHORD BEARING N67°27' 18"E, CHORD DISTANCE 34. 95 FEET , AN ARC DISTANCE OF 35.00 FEET ; THENCE N17°31 ' 54"W 25.00 FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 225.00 FOOT NONTANGENT CURVE TO THE LEFT , CHORD BEARING 567627' 18"W, CHORD DISTANCE 39.32 FEET, AN ARC DISTANCE OF 39 .38 FEET ; THENCE 562.26' 30"w 20.00 FEET; THENCE 527.33' 30"E 25.00 FEET TO THE POINT OF BEGINNING . L SEP 12 '95 09:31AM LINCOLN TELEPHONE P.20/20 OMASTADIUM Page Z of 2. EXHIBIT A Premises Description (continued); LEGAL DESCRIPTION ( INGRESS — EGRESS EASEMENT) PART OF LOTS 4 AND 5, YOUNGERMANS ADDITION, AS SURVEYED . PLATTED AND . RECORDED IN DOUGLAS COUNTY . NEBRASKA, TOGETHER WITH PART OF VACATED OLD 13TH STREET ADJACENT TO SAID LOT 4 AND 5 ON THE EAST TOGETHER WITH PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34 , 715N. R13E OF THE 6TH P.M. . SAID DOUGLAS COUNTY, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS ; COMMENCING AT THE POINT ON INTERSECTION OF THE NORTH LINE OF "B" STREET AND THE EAST LINE OF 13TH STREET ; THENCE NORTH (ASSUMED BEARING) 422. 17 FEET ON THE EAST LINE OF 13TH STREET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 18.00 FEET ON THE EAST LINE OF 13TH STREET; THENCE S89'38' 45"E 126.30 FEET; THENCE SOUTHEASTERLY ON A 68.98 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING 568°17' 18"E, CHORD DISTANCE 50.24 FEET , AN ARC DISTANCE OF 51 . 42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 28.09 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING S82°14 ' 47"E, CHORD DISTANCE 32. 47 FEET . AN ARC DISTANCE OF 34 .62 FEET, THENCE N62'26' 30"E 143. 15 FEET; THENCE NORTHEASTERLY ON A 200.00 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N67°27 ' 18"E , CHORD DISTANCE 34 .95 FEET , AN ARC DISTANCE OF 35.00 FEET ; THENCE S17°31 ' 54"E 18 .00 FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 182 .00 FOOT RADIUS NONTANGENT CURVE TO THE LEFT , CHORD BEARINGS67"27. 18"W. CHORD DISTANCE 31 .81 FEET, AN ARC DISTANCE OF 31 .85 FEET; THENCE 562'26 . 30"W 143. 15 FEET; THENCE NORTHWESTERLY ON A 46.09 FOOT RADIUS CURVE TO THE RIGHT , CHORD BEARING N82°14 ' 44"W, CHORD DISTANCE 53.28 FEET, AN ARC DISTANCE OF 56.81 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHWESTERLY ON A 50.98 FOOT RADIUS CURVE TO THE LEFT . CHORD BEARING N68°17 ' 18"W, CHORD DISTANCE 37 . 13 FEET, AN ARC DISTANCE OF 38.00 FEET ; THENCE N89.38' 4 5"W 126. 18 FEET TO THE POINT OF BEGINNING. fl MOTION BY COUNCILMEMBER GL-Q I hereby move that Council Document No. ,Z297, Current Series, be amended by adding to such Resolution the following provisions: WHEREAS, such Cell Site Lease Agreement provides for the assignment or sublease by either party with the express prior written approval of the other; and, WHEREAS, attached hereto as Exhibit"2" is a proposed sublease between Omaha Cellular Limited Partnership d/b/a First Cellular Omaha and US West New Vector Group Inc.; and, FURTHER THAT, the sublease attached hereto as Exhibit "2" between Omaha Cellular Limited Partnership d/b/a First Cellular Omaha and US West New Vector Group, Inc. is hereby approved,provided,that such approval shall not waive any right of the City specified in the Cell Site Lease. APPROVED AS TO FORM: C74)? Lj ` OG/k-e-- 45:SISTANT CITY ATTORNEY P:\LAW\2260.SKZ 5E10.2 '95 09:24AM LINCOLN TELEPHONE p.2/20 OMASTADIUM ORIGINAL LEASE AGREEMENT This Lease Agreement ("Agreement") is made and entered into as of the 19 , between Lessor and Lessee. A. Lessor is the lessee, pursuant to a. lease with the City of Omaha (the "Masterlease"), of a portion of certain real property located in the County of Douglas, State of Nebraska, described in Exhibit A attached hereto and made a part hereof by this reference (the "Property"). B. Lessee desires to sublease a portion of the Property consisting of (i) interior building space and (ii) tower space for antennas and necessary appurtenances attached to the tower, as well as rights of way for ingress and egress and utilities thereto (the "Premises"). The Premises are described in Exhibit A attached hereto and made a part hereof by this reference. • For valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Lessor and Lessee agree as follows: ARTICLE 1. In addition to the terms that are defined elsewhere in this Agreement, the following terms are used in this Agreement: (a) Tower and Building: The tower and building to be built by Lessor at Rosenblatt Stadium, 1202 Bert Murphy Avenue, Omaha, Nebraska (b) Lessor: Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha (c) Lessor's Address: 15432 West Center Road Omaha, NE 68144 Telephone: (402) 330-6500 BOLA-003 7/29/94 1 E EXHIBIT .2. ( 1 SEP 12 '95 09:24AM-LINCOLN TELEPHONE P.3/20 • (d) Lessor's Rent Payee: Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha Address: 15432 West Center Road Omaha, NE 68144 Telephone: (402) 330-6500 (e) Lessee:• Omaha Cellular Telephone Company (f) Lessee's Address: U S WEST NewVector Group, Inc. 3350 - 161st Avenue Southeast Bellevue, Washington 98008-1329 P. 0. Box 91211 Bellevue, WA 98009-9211 Attention: Real Estate and Construction - Mail Stop 581 - Telephone: (206) 747-4900 (g) Commencement Date: the later of (a) the date on which the Masterlease is fully executed, or (b) the date on which the Agreement is fully executed. • (h) Expiration Date: The date preceding the 5th anniversary of the Commencement Date (or, if earlier, the termination of the initial term under the Masterlease), or as extended pursuant to section 3.03 (or, if earlier, the termination of the applicable renewal term under the Masterlease). (i) Rent: Eight Hundred and no/100 Dollars ($800.00) per month. (j) Renewal Terms: four (4) consecutive periods of five (5) years each, beginning on the Expiration Date (without extension). • ARTICLE 2. 2.01 Levi Description. Lessor grants Lessee the right, but not the obligation, at any time during the term of this Agreement, to obtain a survey of the Premises at Lessee's expense. The legal description that may be derived from the survey will become Exhibit B which will be attached hereto and made a part hereof, and shall control in the event of any inconsistency between it and Exhibit A. ARTICLE 3. 3.01 Lease Term The term of this Lease shall begin on the Commencement Date and shall expire on the Expiration Date. Beginning on the Commencement Date, Lessor shall deliver possession of the Premises to Lessee, together with non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, and for the installation and maintenance of a cellular facility on the Premises. Lessor agrees to execute without delay any easement documents as may be required by any utility company in connection with Lessee's use of the Premises. 3.02 dent. Each month during the Lease term, Lessee shall pay the Rent to the name and address specified as Lessor's Rent Payee. 2 { SEP' 12 '95 09:25AM LINCOLN TELEPHONE P.420 3.03 Right to Extend. Lessee shall have the right to extend the term of this Lease for the Renewal Terms. Notice of the exercise of the right to extend the term shall be given by Lessee to Lessor at least six (6) months before the end of each such period. 3.04 Renewal Rental. The monthly rental for the first five-year extension term shall continue to be paid in monthly installments and shall be increased to Four Hundred Seventy and no/100 Dollars ($470.00);.the monthly rental for the second five-year extension term shall be increased to Five Hundred Forty and no/100 Dollars ($540.00); the monthly rental.for the third five-year extension term shall be increased to Six Hundred and no/100 Dollars ($600.00); and the monthly rental for the fourth five-year extension term shall be increased to Six Hundred Seventy and no/100 Dollars ($670.00). 3.05 Lessee's Use. Lessee shall use the Premises for the purpose of constructing, maintaining, and operating a communications facility and uses incidental thereto (the "Facility") The Facility may consist of a tower mounted antenna system and interior building • space, including all necessary connecting appurtenances sufficient to be a fully operable communications facility for its intended licensed communications coverage areas. This may include, without limitation, radio transmission and computer equipment, batteries and generator equipment. Lessor shall construct the Building and Tower at Lessor's expense. The location of Lessee's antennas on the Tower and the location of Lessee's leasehold space in the Building shall be substantially in accordance with the drawings attached hereto as Exhibit A, and made a part hereof by this reference. All of Lessee's improvements shall be at Lessee's expense. Lessor will keep the Tower and Building in good repair. Lessee shall maintain the Premises in reasonable condition. Lessee shall not attach, affix, paint or exhibit signs. In addition, in the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Lessee may erect additional telecommunications facilities and install additional equipment on a temporary basis on the Property to assure continuation of service. Lessee hereby consents to the use of Lessor's Property by another communication provider for the erection, operation and maintenance of a transmission facility (including an antenna structure) so long as (a) Lessor provides not less than 60 days' prior notice to Lessee of the erection of such facility together with facility specifications for Lessee's approval, (b) the antenna structure shall be erected a distance of not less than 20 feet, vertically and horizontally, from Lessee's antenna structure, (c) the erection, maintenance and operation of such transmission facility shall not result in any impairment or diminution in the quality of the communications service rendered by Lessee to or from the Property, and (d) no changes shall be made to the antenna structure of such other provider without Lessee's prior written consent, which consent shall not be unreasonably withheld. If Lessee deems, in its sole discretion, that the provisions of this section have been violated by Lessor or such other provider, Lessee shall provide Lessor with notice of such violation. If such violation is not cured or mitigated (at no expense to Lessee) within 24 hours of receipt of such notice, Lessor shall cause such other provider to immediately cease use of its radio system, or portion thereof causing such interference, until such time as the interference is cured. Lessor shall require that any agreement with such other provider shall include a provision requiring compliance by such other provider with the provisions of this section. 3 SEP' 12 '95 09:25AM LINCOLN TELEPHONE P.5/20 3.06 Interference, Lessor will require all occupants at this location to adhere to the same technical standards. In its use of the Premises, Lessee will not interfere with the operations of Lessor or other existing occupants of the Property. In the event of any such interference. Lessee shall take all actions necessary to eliminate such interference in accordance with reasonable technical standards. If any such interference inhibits Lessor's operations on the Property, and Lessee does not correct or commence to correct such interference within 24 hours, or if there are intermediate levels of interference and Lessee does not correct or commence to correct such interference within 30 days, Lessee shall discontinue operating such equipment, on Lessor's demand, unless and until it can be operated without interference, or shall replace the interfering equipment with alternative equipment that does not cause such interference. Lessee shall additionally have the option to terminate this Agreement. Lessor agrees that it will require any other occupants of the Property subsequent to Lessee to provide to Lessee these same assurances against interference, and Lessor shall have the obligation to eliminate any interference with the operations of Lessee caused by such subsequent occupants. If such interference is not eliminated, Lessee shall have the right to terminate this Agreement or seek injunctive relief enjoining such interfering use generated by any other occupant of the Property provided all reasonable efforts to eliminate the interference have been exhausted. 3.07 Termination. This Agreement may be terminated, without any penalty or further liability, on 60 days' written notice as follows: (a) by either party on default of any covenant or term hereof by the other party, which default is not cured within 60 days following receipt of notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof): (b) by Lessee if it is unable to obtain or maintain any license, permit or other governmental approval necessary to the construction or operation of the Facility or Lessee's business; or (c) by Lessee if the Premises are or become unacceptable to Lessee under Lessee's design or engineering specification for its Facility or for the communications system to which the Facility belongs. No later than 60 days after the termination of this Agreement, by expiration of the term or otherwise, Lessee will remove its personal property and fixtures and restore the Premises to their condition on the Effective Date, reasonable wear and tear and casualty loss excepted. If time for removal causes Lessee to remain on the premises after termination of this Lease, Lessee shall pay rent at the then existing monthly rate or the existing monthly pro rata basis if based on a longer payment term, until such time as the removal of the personal property and fixtures is completed. If Lessee exercises its right to terminate this Lease, Lessee shall pay to Lessor an amount equal to three (3) months rent applicable to the year in which Lessee's Notice is given (the "Termination Notice"). ARTICLE 4. 4.01 Lessee's Insurance. Lessee agrees to maintain general liability insurance for claims for bodily injury or death and property damage with combined single limits of not less than $1.000,000 combined single occurrence limit and $2.000,000 combined aggregate limit. 4 SEP' 12 '95 09:26AM LINCOLN TFI FPHONE P.6/20 4.02 Lessor's Insurance. At all times during the term of this Agreement, Lessor will carry maintain a program of seif-insurance that is similar to fire and extended coverage insurance covering the Tower and Building, its equipment and common area furnishings in amounts not less than their full replacement.cost. Lessor shall also carry commercial general liability insurance in amounts reasonably determined by Lessor. 4.03 Waiver of Subrogation.. Lessor and Lessee each waive any and all rights to recover against the other, or against the officers, directors, shareholders, partners, joint ventures, employees, agents, customers, invitees or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried pursuant to this section or any other property insurance actually carried by such party. Lessor and Lessee, from time to time, will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to ail property insurance policies carried in connection with the Tower and Building or the Premises or the contents of either. 4.04 Damage. If the Premises or a portion of the Tower and Building necessary for Lessee's occupancy is damaged during the term of this Lease by any casualty which is insured under standard fire and extended coverage insurance policies, Lessor will repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction. The Rent or Renewal Rent, as applicable, will be abated proportionately during any period in which there is substantial interference with the operation of Lessee's business. If the Premises are damaged to the extent that it would take, In Lessor's reasonable judgment, more than 30 days to repair, then either Lessor or Lessee may terminate this Lease. 4.05 Indemnification. During both the option period and the term of the Lease, the Lessee shall indemnify and hold Lessor harmless against any claim of liability or loss from personal injury or property damage caused by the negligence or willful misconduct of the Lessee, its servants or agents except to the extent that such claims or damages may be due to or caused by the acts or omissions of the Lessor, its servants, agents, or any other party for whom Lessor may be responsible. ARTICLE 5. 5.01 Lessor Compliance, Lessor represents and warrants that, as of the date of this Lease, the Premises and the Property comply with all applicable laws, statutes, ordinances, rules, codes, regulations, orders, and interpretations of all federal, state, and other governmental or quasi-governmental authorities having jurisdiction over the Property (collectively, "Laws"). At its sole cost and expense, Lessor will promptly comply with all Laws, and will cause the Premises and the_Property to comply with ail Laws, except to the extent that such compliance is required solely as a result of Lessee's use or occupancy of the Premises. If any modifications are required to be made to the Property after the date hereof as a result of any Laws, Lessee shall have no liability for any costs therefor, whether as a pass-through of operating expenses or otherwise. 5.02 Lessee Compliance. Lessee will promptly comply with all Laws relating to Lessee's use or occupancy of the Premises. At its sole cost and expense, Lessee will 5 SEP' 12 '95 09:26AM LINCOLN TELEPHONE P.7/20 A promptly cause the Premises to comply with all Laws to the extent that such compliance is required solely as a result of Lessee's use or occupancy of the Premises. 5.03 Fnvironmgntal Matters. (a) Lessee will be solely responsible for and will defend, indemnify, and hold Lessor, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property associated with the Lessee's use of Hazardous • Materials. (b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with ttie removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulation including, but not limited to, CERCLA. The obligations of this Section 5.03 shall survive the expiration or other termination of this Agreement. ARTICLE 6. 6.01 Utilities and Taxes. Lessee will be responsible for all utilities required by its use of the Premises. Lessee shall pay its utilities pursuant to a separate meter. Lessee will pay any increase in personal property taxes caused by the improvements constructed thereon by Lessee. In the event that the personal property or real estate tax assessment on Lessor's property reflects Lessee's improvements, Lessor agrees to provide to Lessee in a timely manner a copy of the assessment. Lessee may contest, at its expense, any assessment imposed on the Premises or Lessee's activities. 6.02 Title end Quiet Enjoyment. Lessor represents and warrants to Lessee that (a) Lessor has full right, power, and authority to execute this Agreement, and will provide Lessee with evidence of such authority; (b) Lessor has good and marketable leasehold rights to the Premises free and clear of any liens or mortgages except those matters which are of public record as of the Effective Date: and (c) there is direct legal ingress and egress to the Premises for Lessee's use for vehicles and pedestrians from a public right-of-way. Lessor further covenants that Lessee shall have quiet enjoyment of the Premises during the term of this Agreement and any renewal thereof. For any encumbrance which is a matter of public record Lessor will promptly obtain from such encumbering entity a non-disturbance agreement stating that, so long as Lessee is not in default hereunder, this Agreement will continue in full force and effect. Lessor agrees to notify Lessee immediately if at any time during the term of this Agreement Lessor decides to subdivide, sell, or change the status of the Premises or the Property, or if Lessor learns of any pending or threatened or contemplated actions, litigation, claims, condemnations, or other proceedings which would affect the Premises or any part of 641!) SEP' 12 '95 09:27AM LINCOLN TELEPHONE P.8/20 the Premises, or any land use or development proposals affecting property in the vicinity of the Property of which Lessor receives actual Notice. Neither Lessee, nor anyone claiming by, through, or under Lessee, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Lessee therein, and notice is hereby given that no contractor, sub-contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon. 6.03 S_uccessors and Assigns. This Agreement shall run with the Property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Lessee shall have the right, without prior notice to or consent by Lessor, to assign this Lease, transfer this Lease or to sublet the Premises to any parent, subsidiary or affiliate entity of Lessee, specifically including, but not limited to, the communications entities which may emerge from the joint venture pending between U S WEST, Inc. and AirTouch Communications, Inc., which assignment, transfer or sublease shall fully release Lessee from any further obligations or liability under the terms of this Lease commencing on the effective date of the assignment. transfer or sublease. 6.04 Complete Agreement. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises, and understandings between Lessor and Lessee and that no other agreements, promises, or understandings shall or will be binding on either Lessor or Lessee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless in writing and signed by the parties hereto. 6.05 Applicable Law, This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the state in which the Premises are located. 6.06 Notices. All notices and other communications including changes in the Lessor's Rent Payee, required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service) addressed to the party for whom it is intended at its address set forth in section 1. Any such notice or other communication shall be deemed to be effective when actually received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent. 6.07 Authority. Each of the individuals executing this Agreement on behalf of the Lessee or the Lessor represents to the other party that such individual is authorized to do so by requisite action of the party to this Agreement. 6.08 Disputes. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. 7 SEP' 12 '95 09:27AM LINCOLN TELEPHONE P.9/20 • 6.09 Recording. Lessor shall execute and Lessee shall be permitted to record, at any time, a memorandum of this Agreement. If the Lease portion of this Agreement is terminated prior to the expiration of its term, Lessee shall record an appropriate instrument to clear the memorandum from the title to the Property.. IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their respective seals the day and year first above written. LESSOR: LESSEE: Omaha Cellular Limited Partnership, Omaha Cellular Telephone Company ' d/b/a First Cellular Omaha By: U S WEST NewVector Group, Inc., By; Prairie Communications , Inc. its Managing General Partner Its: Managing General Partner By: By: Its: Its: Vice-President Tax 10 No.: 47-0688485 • SEP 12 '95 09:28AM LINCOLN TELEPHONE P.1020 • ACKNOWLEDGMENT STATE OF Nebraska ) ss. COUNTY OF Lancaster The foregoing instrument was acknowledged before me this 11 th day of • September 1995 by Michael J. Tavlin , as Visp_Prasident of Prairie Communications, Inc. , the Manaaina Partner of the Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha, on behalf of the partnership. GIVEN under my hand and official seal this 11th day of September , 19 95, Notary Public in and for the State of residing at My appointment expires: ACKNOWLEDGMENT STATE OF ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 by , as of U S WEST NewVector Group, Inc., the managing general partner of Omaha Cellular Telephone Company, on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day end year first above written. Notary Public in and for the State of residing at My appointment expires: SEP 12 '95 09:28AM LINCOLN TELEPHONE P.1120 • • OMAS'T'Q®IUM Page / of S EXti181T A Prooert-v Dascriotion: The Northeast Quarter of the Southeast Quarter. and that portion of the Southeast Quarter of the Northeast Quarter, lying directly North of the Northeast Quarter of the Southeast Quarter, being bounded by Deer Park Boulevard on the North. vacated Old 13th Street on the West and vacated 10th Street on the East, all in Section 34, Township 15 North, Range 13 East of the 6th P.M., together with vacated Old 13th Street, vacated 10th Street and vacated "8" Street, in the City of Omaha, Douglas County, Nebraska. . Premises Description; LEGAL DESCRIPTION (LEASE AREA) THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34 , T15N. RI3E OF THE 6TH P.M. , DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS; COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF "B" STREET AND THE EAST LINE OF 13TH STREET; THENCE NORTH ( ASSUMED BEARING) 440. 17 FEET ON THE EAST LINE OF 13TH STREET; THENCE S89'35' 45"E 126.30 FEET; THENCE SOUTHEASTERLY ON A 68.98 FOOT RADIUS CURVE TO THE RIGHT , CHORD BEARING S68°17' 18"E, CHORD DISTANCE 50.24 FEET, AN ARC DISTANCE OF 51.42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 28.09 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING S82'14' 47"E, CHORD DISTANCE 32. 47 FEET, AN ARC DISTANCE OF 34.62 FEET; THENCE N62.26. 30"E 123.15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N62.26'30"E 20.00 FEET; THENCE NORTHEASTERLY ON A 200.00 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N67.27' 18"E, CHORD DISTANCE 34.95 FEET, AN ARC DISTANCE OF 35.00 FEET ; THENCE N17.31 ' 549W 25.00 FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 225.00 FOOT NONTANGENT CURVE TO THE LEFT, CHORD BEARING S67.27' 18"W, CHORD DISTANCE 39.32 FEET, AN ARC DISTANCE OF 39.38 FEET; THENCE 962.26. 30"W 20.00 FEET; THENCE S27°33' 30"E 25.00 FEET TO THE POINT OF BEGINNING. ' SEP 12 '95 09:28AM LINCOLN TELEPHONE P.12/20 OMASTADIUM Page Z of S. EXHIBIT A Premises Descriotion (continued): LEGAL DESCRIPTION ( INGRESS - EGRESS EASEMENT) PART OF LOTS 4 AND 5, YOUNGERMANS ADDITION, AS SURVEYED. PLATTED AND • RECORDED IN DOUGLAS COUNTY, NEBRASKA, TOGETHER WITH PART OF VACATED OLD 13TH STREET ADJACENT TO SAID LOT 4 AND 5 ON THE-EAST TOGETHER WITH PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34, T1SN. R13E OF THE 6TH P .M. . SAID DOUGLAS COUNTY, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS ; COMMENCING AT THE POINT ON INTERSECTION OF THE NORTH LINE OF "B" STREET AND THE EAST LINE OF 13TH STREET; THENCE NORTH (ASSUMED BEARING) 422. 17 FEET ON THE EAST LINE OF 13TH STREET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 18.00 FEET ON THE EAST LINE OF 13TH STREET; THENCE 889'38 ' 45"E 126.30 FEET; THENCE SOUTHEASTERLY ON A 68.98 FOOT RADIUS CURVE TO THE RIGHT. CHORD BEARING S68°17' 18"E, CHORD DISTANCE 50.24 FEET, AN ARC DISTANCE OF 51 . 42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 28.09 FOOT RADIUS CURVE TO THE LEFT, CHORD HEARING S82°14 ' 47"E , CHORD DISTANCE 32. 47 FEET, AN ARC DISTANCE OF 34 .62 FEET , THENCE N62'26' 30"E 143. 15 FEET; THENCE NORTHEASTERLY ON A 200.00 FOOT RADIUS CURVE TO THE RIGHT. CHORD BEARING N67.27' 18"E. CHORD DISTANCE 34 .95 FEET , AN ARC DISTANCE OF 35.00 FEET; THENCE S17'31 ' 54"E 18.00 FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 182.00 FOOT RADIUS NONTANGENT CURVE TO THE LEFT, CHORD BEARING S67°27 ' 18"W, CHORD DISTANCE 31 .81 FEET, AN ARC DISTANCE OF 31 .85 FEET; THENCE 562'26' 30"W 143. 15 FEET; THENCE NORTHWESTERLY ON A 46.09 FOOT RADIUS CURVE TO THE RIGHT . CHORD BEARING N82'14' 44"W. CHORD DISTANCE 53.28 FEET, AN ARC DISTANCE OF 56.81 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHWESTERLY ON A 50.98 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING N68'17 ' 18"W, CHORD DISTANCE 37. 13 FEET, AN ARC DISTANCE OF 38.00 FEET; THENCE N89°38 ' 45"W 126. 19 FEET TO THE POINT OF BEGINNING. ' SEP'12 '95 09:29AM LINCOLN TELEPHONE P.13/20 OMASTADIIJM . • EXHIBIT A Page 3 of ' ir�ef Premises l?escrintion_4continued*;; • if • --+,eau.a+.. -•n...a.o•c+. .' Li, t o • �'� Z i 1 i • < _, ,; • , 1•- I I` • • + • 11( F". Oil Q. rpm ore�rrna,.v J H :GP�M94FJiAaDaiabll i ((� Z i 'aZ+ �+ ram .aka s I i w Apart,. in es i • :co•.• okismo r.Jyrlf 0 _ _ ito ti 1 �c_= \ Y �•� I > I i a rt t LI11 pp • . •nLrw •4wvnr•2.0. \ / moues& AyaRM•lapreo'+• .�,.�ovrw aas•, /o ro-Y <cor.�e�twn.my, 11.1 \ ! of , ; II >:•• F...! 1,_t aye aayt :: ..... �tee .t 1 1 .1 £i �iI • ��"'i a _1 y (III I s • • C < •• fam 0.•z Vt . • LI � th 1 V nl :� o i I • • . - • -- 111 J . ' SEP 12 '95 09:29AM. 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AGALF, AS eN0pI4 j 2 Tt 10 ,OR5SN a_DORNER ING. pAt•P, t••tAR.,,eonwlttng Cn �et L n Bur veyor� 4y, Rne - - owrMA,K•aN GH6G1G8D err..1Dw Nca)rye.sore PAST CELLULAR OMAHA ;YcreN ' SEP'12 '95 09:30AM LINCOLN TELEPHONE P.16i20 OMASTADIUM THIS INSTRUMENT DRAFTED BY, FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: U S WEST NewVector Group, Inc. Attn: Real Estate Dept. °Rink 2510 Mendelssohn Avenue North Golden Valley, MN 55427 - . MEMORANDUM OF LEASE This Memorandum dated this r day of_� 1 9 , by and between Omaha Cellular Limited Partnership, d/b/a First Cellular Omaha, 15432 West Center Road, Omaha, NE 68144 (hereinafter "Lessor") and Omaha Cellular Telephone Company, c/o U S WEST NewVector Group, Inc., 3350 161st Avenue S.E., P.O. Box 91211, Bellevue, Washington 98009-9211 (hereinafter "Lessee"), is a record of that Lease Agreement (hereinafter "Agreement") between Lessor and Lessee dated which Agreement includes in part the following terms: 1. Leased Premises. The Agreement pertains to real property which is described in Exhibit "A" (hereinafter "Property"), which is attached hereto and incorporated herein by this reference. 2. Tarm of Aareement and Options to Extend. The initial term of the gem a five-year (5) period. Lessee has options to extend the Agreement term for for (4)nt is for consecutive five-year (5) periods. 3. Successors and Assigns. The terms, covenants and provisions of the Agreement extend to and are binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. 4. Ratification of Leas. The parties by this Memorandum intend to record a reference 1 ' SEP 12 '95 09:30AM LINCOLN TELEPHONE P.1720 to the Agreement and do hereby ratify and confirm all of the terms and conditions of the Agreement and do hereby declare that the real property described in Exhibit "A" attached hereto is in all respects subject to all of the applicable provisions contained in the Agreement. LESSOR: Omaha Cellular Limited Partnership, dlbla First Cellular Omaha By: _Prai„sie Communications, Inc. Its: Managing General Partner - By: Its: Vice-President LESSEE: Omaha Cellular Telephone Company By: U S WEST NewVector Group, Inc., its Managing General Partner By: Its: MOLoo2 9-1-93 2 ' SEP 12 '95 09:31AM LINCOLN TELEPHONE P.18/20 • ACKNOWLEDGMENT • STATE OF Nebraska ) ss. COUNTY OF Lancaster The foregoing instrument was acknowledged before me this 11 th day of September 1995 , by Michael J. Tavlin , AS Vice-President of Prairie Communications, Inc. the Managing Partner of the Omaha . Cellular Limited Partnership, d/b/a First • Cellular Omaha. on behalf of the partnership. GIVEN under my hand and official seal this 11 th day of September. , 19 95. Notary Public in and for the State of residing at My appointment expires: ACKNOWLEDGMENT STATE OF ) ) ss.. COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_ by . as of U S WEST NewVector Group, Inc., the managing general partner of Omaha Cellular Telephone Company, on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of residing at My appointment expires: 1 SEP' 12 '95 09:31AM LINCOLN TELEPHONE P.19/20 OMASTADIUM Page / of Z EXHIBIT A Property Description: The Northeast Quarter of the Southeast Quarter, and that portion of the Southeast Quarter of the Northeast Quarter, lying directly North of the Northeast Quarter of the Southeast Quarter, being bounded by Deer Park Boulevard on the North, vacated Old 13th Street on the West and vacated 10th Street on the East, all in Section 34, Township 15 North, Range 13 East of the 6th P.M., together with vacated Old 13th Street, vacated 10th Street and vacated "B" Street, in the City of Omaha, Douglas County, Nebraska. Premises Description: LEGAL DESCRIPTION (LEASE AREA) . THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34 , T15N. RI3E OF THE 6TH P.M. . DOUGLAS COUNTY, NEBRASKA. DESCRIBED AS FOLLOWS; COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF "B" STREET AND THE EAST LINE OF 13TH STREET; THENCE NORTH (ASSUMED BEARING) 440. 17 FEET ON THE EAST LINE OF 13TH STREET; THENCE S89.38' 45"E 126.30 FEET; THENCE SOUTHEASTERLY ON A 68.98 FOOT RADIUS CURVE TO THE RIGHT. CHORD BEARING 568.17 • 18"E , CHORD DISTANCE 50.24 'FEET, AN ARC DISTANCE OF 51 .42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 28.09 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING S82°14' 47"E. CHORD DISTANCE 32.47 FEET, AN ARC DISTANCE OF 34.62 FEET; THENCE N62°26' 30"E 123. 15 FEET TO THE • POINT OF BEGINNING; THENCE CONTINUING N62.26' 30"E 20.00 FEET; THENCE NORTHEASTERLY ON A 200.00 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N67°27' 18"E, CHORD DISTANCE 34.95 FEET, AN ARC DISTANCE OF 35.00 FEET; THENCE N17.31 ' 54"W 25.00 FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 225.00 FOOT NONTANGENT CURVE TO THE LEFT , CHORD BEARING 567.27 18"W, CHORD DISTANCE 39.32 FEET, AN ARC DISTANCE OF 39.38 FEET ; THENCE 562.26'30"W 20.00 FEET; THENCE 527.33' 30"E 25.00 FEET TO THE POINT OF BEGINNING . • SEP. 12 '95 09:31AM LINCOLN TELEPHONE P.20/20 OMASTADIUM Page Z of Z. EXHIBIT A Premises Description (continued): LEGAL DESCRIPTION ( INGRESS - EGRESS EASEMENT) PART OF LOTS 4 AND 5, YOUNGERMANS ADDITION, AS SURVEYED . PLATTED AND . RECORDED IN DOUGLAS COUNTY. NEBRASKA. TOGETHER WITH PART OF VACATED OLD 13TH STREET ADJACENT TO SAID LOT 4 AND 5 ON THE EAST TOGETHER WITH PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 34 , T15N. R13E OF THE 6TH P.M. . SAID DOUGLAS COUNTY. ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS ; COMMENCING AT THE POINT ON INTERSECTION OF THE NORTH LINE OF "8" STREET AND THE EAST LINE OF 13TH STREET ; THENCE NORTH (ASSUMED BEARING) 422. 17 FEET ON THE EAST LINE OF 13TH STREET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 18.00 FEET ON THE EAST LINE OF 13TH STREET; THENCE S99.38' 45"E 126.30 FEET; THENCE SOUTHEASTERLY ON A 68.98 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING 568'17' 18"E, CHORD DISTANCE 50.24 FEET , AN ARC DISTANCE OF 51 .42 FEET TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A 28.09 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING S82.14' 47"E, CHORD DISTANCE 32. 47 FEET . AN ARC DISTANCE OF 34.62 FEET , THENCE N62.26' 30"E 143. 15 FEET; THENCE NORTHEASTERLY ON A 200.00 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING N67°27 ' 18"E , CHORD DISTANCE 34 .95 FEET , AN ARC DISTANCE OF 35.00 FEET; THENCE S17°31 ' 54"E 18.00 FEET ON A NONTANGENT LINE; THENCE SOUTHWESTERLY ON A 182 .00 FOOT RADIUS NONTANGENT CURVE TO THE LEFT, CHORD BEARING S67.27' 18"W. CHORD DISTANCE 31 .81 FEET, AN ARC DISTANCE OF 31 .85 FEET; THENCE 562.26 ' 30"W 143. 15 FEET; THENCE NORTHWESTERLY ON A 46.09 FOOT RADIUS CURVE TO THE RIGHT , CHORD BEARING N82.14 ' 44"W, CHORD DISTANCE 53.28 FEET, AN ARC DISTANCE OF 56.81 FEET TO A POINT OF REVERSE CURVE; THENCE NORTHWESTERLY ON A 50.98 FOOT RADIUS CURVE TO THE LEFT. CHORD BEARING N68°17 ' 18"W, CHORD DISTANCE 37 . 13 FEET, AN ARC DISTANCE OF 38.00 FEET; THENCE N89.38' 4 5"W 1261. 18 FEET TO THE POINT OF BEGINNING. I Icf:t o rt rZr j cola • E F QM • • { a t • CITY OF OMAHA /4. ,4a97 o 9/1 5e5: LEGISLATIVE CHAMBER II Omaha, Nebr °19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • a WHEREAS,the City of Omaha is the owner of certain real!property located at 1202. Bert Murphy Drive in Omaha, Douglas County, Nebraska, and commonly known as Rosenblatt i Stadium; and, I' _ a. WHEREAS,Omaha Cellular Limited Partnership,d/b/a First Cellular Omaha desires to construct a cellular radio telecommunications system; and, i. REAS,First Cellular Omaha desires to place equipment necessary to operate• such system on the Rosenblatt Stadium grounds; and, WHEREAS, such equipment will enhance the radio telecommunications of the Omaha Police Department in this area of the City; and, WHEREAS, attached hereto as Exhibit "1"and incorporated by this reference as if fully set forth!herein,is a proposedCell'Site Lease Agreement between the;City,of Omaha,and Omaha Cellular Limited Partnership for a portion of the Rosenblatt Stadium Grounds;,and, WHEREAS, such Cell Site Lease Agreement provides'for the assignment or sublease by either party with the express prior written approval of the other; and, WHEREAS, attached hereto as Exhibit"2;',is a proposed sublease between Omaha Cellular Limited Partnership d/b/a First Cellular Omaha and US West New Vector Group Inc.; and, :WHEREAS,it is in the best interests of the citizens of the City of Omaha to enter into such proposed lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE Ii CITY OF OMAHA: • By Councilmember Adopted City Clerk Approved Mayor _ 1 C-25A • CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebr 19 ' Page 2 THAT, the lease, attached hereto as Exhibit "1" and incorporated by this reference as if fully set forth herein,between the City of Omaha and Omaha Cellular Limited Partnership d/b/a First Cellular Omaha for a portion of the Rosenblatt Stadium grounds for the purpose of constructing an equipment shelter and monopole for enhancement of its cellular radio telecommunications system, is hereby approved. FURTHER THAT, the sublease attached hereto as Exhibit "2" between Omaha Cellular Limited Partnership d/b/a First Cellular Omaha and US West New Vector Group, Inc. is hereby approved, provided that such approval shall not waive any right of the City specified in the Cell Site Lease. APPROVED AS TO FORM: Pt\LAW\1229.MAF ,41;044 ASSISTANT CITY ATTORNEY By / Councilmember Adopted EP 12 19A a5 4 a// 7-0 City rk Approved g<' Mayor CI) `l 9 -• n O co CD W A) 6 0 Cc9 `° 0 = ~ 2 U . `:. V �� C7 ►y� Pit s . o cu \\ to N.,, cc:. a 0 R. trl 0 o 8 71 p c°�o p' `1 N k —A o cv - a or .9- r.,H-ci 0 a g. = E. 61) ,-, , pa b z p oy � , O2NCAn i (1 \1 c.i. . k , , , ./.1 (7. p 9s" a cu Po 9, riif s. n fin• cr'n pt. O.9 sv P. ' Ilk- .J t < Qa . c k , j e, k., 3 �� o