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Home My Public Portal AboutORD15129BILL NO. 2013-24 SPONSORED BY COUNCILMAN __ S=...;c::..:..r.:....:..iv.:....:..ne=r ___ _ ORDINANCE NO. __ ____;_/.....=;S_/:........;~::.,_, ----~1'------ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEW CINGULAR WIRELESS PCS (AT&T), LLC , FOR LEASE OF A PROPERTY FOR A CELL TOWER NEAR HYDE PARK ROAD . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1.The Mayor and City Clerk are hereby authorized and directed to execute an agreement with New Cingular Wireless PCS , LLC , for lease of a property for a cell tower near Hyde Park Road . Section ~-The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1. Section ~-This Ordinance shall be in full force and effect from and after the date of its passage and approval. Mayor ATTEST: APPROVED AS TO FORM : (1n 2_[/)bdOdf ~k --Ci Market: St. Louis Cell Site Number: M02705 Cell Site Name: Stadium & Hyde Park Fixed Asset Number: 11583452 LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT ( "Agreement "), dated as of the latter of the signature dates below (the "Effective Date "), is entered into by City of Jefferson, Missouri, a municipal corporation having a mailing address of 320 E. McCarthy St., Jefferson City, MO 65101 -3169, ( "Landlord ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ( "Tenant "). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at 2300 Hyde Park, Jefferson City, MO 65109, in the County of Cole, State of Missouri (collectively, the "Property "). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. LEASE OF PREMISES. Landlord hereby leases to Tenant a certain portion of the Property containing approximately 2,400 square feet (40' x 60') including the air space above such ground space, as described on attached Exhibit 1 (the "Premises ") for the placement of Tenant's Communication Facility. 2.. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility "), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use "). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property ") as may reasonably be required during construction and installation of the Communications Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property's main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant's expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. Land Lease Version 5 30 2012 3. TERM. (a) The initial lease term will be five (5) years ( "Initial Term "), commencing on the Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as an "Extension Term "), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or then - existing Extension Term. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated prior to the end of the final Extension Term, then upon the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter ( "Annual Term ") until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly rental during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement then Tenant will be deemed to be occupying the Premises on a month -to -month basis (the "Holdover Term "), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the Term ( "Term "). 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date "), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advance, One Thousand and No /100 Dollars ($1,000.00) (the "Rent "), at the address set forth above. In any partial month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty-five (45) days after the Rent Commencement Date. (b) In year one (1) of each Extension Term, the monthly Rent will increase by fifteen percent (15 %) over the Rent paid during the previous five (5) year term. (c) In the event that Tenant subleases a portion of the Communication Facility and Premises to a wireless carrier other than New Cingular Wireless PCS, LLC or an Affiliate, Tenant shall pay Landlord ten percent (10 %) of the rent received from such wireless carrier and each subsequent wireless carrier. (d) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals "). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. In addition, Tenant shall have the right to initiate the ordering and/or scheduling of necessary utilities. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. 2 Land tease Version 530 2012