HomeMy Public PortalAboutORD15331 BILL NO. 2014-77
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. 15;3 S-I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AMERICAN
TOWER, LLC, FOR AN EXPANSION OF THE EXISTING CELL TOWER LEASE
BETWEEN THE PARTIES FOR THE CELL TOWER LOCATED BEHIND THE OLD
FIRE STATION #3
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 American Tower, LLC, for an expansion of the existing cell
tower lease between the parties.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: £k r ,29, /L/ Approved: [ 0M2e7
Presiding Officer4111101111) Mayor
ATTEST:; _ •. - APPROVED AS TO FORM:
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4/1: 'i" /f(4.1' , /
CityClerk o . : City Counselor
EXHIBIT A
This Exhibit A may be replaced at Tenant's option as described below
PARENT PARCEL
Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or
deeds) that include the land area encompassed by the Lease and. Tenant's improvements thereon
The Parent Parcel consists ofthe entire legal taxable lot owned by Landlord as described in a deed (or deeds)
to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.
ALL OF INLOTS NUMBERED 420 AND 421 IN THE CITY OF JEFFERSON, COUNTY OF
COLE, STATE OF MISSOURI.
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a
description obtained from an as-built survey conducted by Tenant.
EIGHT HUNDRED SEVENTEEN (817) FEET WITHIN THE SITE SITUATED IN THE CITY OF
JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI, MORE COMMONLY KNOWN AS
FIRE STATION 1, AND DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE INLOT 421 IN THE CITY OF JEFFERSON, IN SECTION 7,
TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURl, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEAST LINE OF 20 FOOT WIDE ALLEY, BEING
THE MOST SOUTHERN CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON
ROD BEARS SOUTH 18 DEGREES 40 MINUTES WiEST 1.89 FEET; THENCE NORTH 48
DEGREES 10 MINUTES 11 SECONDS WEST 19.00 FEET ALONG SAID NORTHEAST LINE
OF 20 FOOT WIDE ALLEY TO AN IRON ROD {SET); THENCE NORTH 42 DEGREES 21
MINUTES 46 SECONDS EAST 65.00 FEET; THENCE SOUTH 48 DEGREES 10 MINUTES
11 SECONDS EAST 19.00 FEET TO THE SOUTHEAST LINE OF SAID IN LOT 421:
THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 65.00 FEET ALONG
SAID SOUTHEAST LINE OF SAID INLOT 421 TO THE POINT OF BEGINNING OF THIS
DESCRIPTION AND CONTAINING 1235 SQUARE FEET, MORE OR LESS.
Site No: 274000
Site Name: JC Fire Station, MO
ACCESS AND UTILITIES
The Access and Utilities Easements include all easements of record as well as existing access and utilities
currently servicing the Leased Premises to and from a public right of way.
A TRACT OF LAND IN THE INLOT 421 IN THE CITY OF JEFFERSON, IN SECTION 7,
TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURI, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEAST LINE OF 20 FOOT WIDE ALlEY, BEING
DISTANT NORTH 48 DEGREES 10 MINUTES 11 SECONDS WEST 19.00 FEET FROM
THE SOUTHERNMOST CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON ROO
BEARS SOUTH 18 DEGREES 40 MINUTES WEST 1.89 FEET; THENCE NORTH 48
DEGREES 10 MINUTES 11 SECONDS WEST 20.00 FEET ALONG SAID NORTHEAST LINE
OF 20 FOOT WIDE ALLEY TO A POINT; THENCE NORTH 42 DEGREES 21 MINUTES 46
SECONDS EAST 43.00 FEET TO A POINT; THENCE SOUTH 48 DEGREES 10 MINUTES
11 SECONDS EAST 20.00 FEET TO THE SOUTHEAST LINE OF SAID INLOT 421;
THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 43.00 FEET TO THE
POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 860 SQUAR£ FEET,
MORE OR LESS.
Site No: 274000
Site Name: JC Fire Station, MO
EXHIBIT B
FORM OF MEMORANDUM OF LEASE
Site No: 274000
Site Name: JC Fire Station, MO
Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/David Guerette, Esq.
ATC Site No: 274000
ATC Site Name: JC Fire Station, MO
Assessor's Parcel No(s): 1103070002002005
MEMORANDUM OF LEASE
This Memorandum of Lease (the "Memorandum") is entered into on the day of
________ _, 201_ by and between City of Jefferson Missouri, a Missouri municipal corporation
("Landlord") and American Towers LLC, a Delaware limited liability company ("Tenant").
NOTICE is hereby given ofthe Lease (as defined and described below) for the purpose of recording and giving
notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded,
then this Memorandum shall constitute an amendment of any such prior recorded notice(s).
1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A
attached hereto and by this reference made a part hereof (the "Parent Parcef'). Landlord (or its
predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain PCS Site
Agreement, dated September 15, 1998 (as the same may have been amended, renewed, extended,
restated, and/or modified from time to time, collectively, the "Lease"), pursuant to which the Tenant
leases a portion of the Parent Parcel and is the beneficiary ofcertain easements for access and public
utilities, all as more particularly described in the Lease (such leasehold and easement rights and interests,
collectively, the "Leased Premises"), which Leased Premises is also described on Exhibit A.
2. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise
by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be
September 14, 2048. Notwithstanding the foregoing, in no event shall Tenant be required to exercise
any option to renew the term of the Lease.
3. leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the
original or renewal terms of the Lease, to cause an as-built survey of the Leased Premises to be prepared
and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on
Exhibit A with a legal description or legal descriptions based upon such as-built survey. Upon Tenant's
request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such
replacement, including, without limitation, amendments to this Memorandum and to the Lease.
4. Right of First Refusal. There is a right of first refusal in the Lease.
Site No: 274000
Site Name: JC Fire Station, MO
5. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and
conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease,
the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of
Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This
right shall terminate upon recording of this Memorandum.
6. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by
nationally recognized courier service, or by First Class United States Mail, certified, return receipt
requested to the addresses set forth herein; To Landlord at: 320 East McCarty St., Jefferson, MO 65101,
To Tenant at: Attn: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn Legal
Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior
written notice to the other in the manner provided herein, may designate one or more different notice
addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver
any notice because of a changed address for which no notice was given as required herein, shall be
deemed to be receipt of any such notice.
7. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so
executed and delivered, shall be deemed an original and all of which, when taken together, shall
constitute one and the same instrument.
8. Governing law. This Memorandum shall be governed by and construed in all respects in accordance
with the laws of the State or Commonwealth in which the Leased Premises is situated, without
regard to the conflicts of laws provisions of such State or Commonwealth.
[SIGNATURES FOLLOW ON NEXT PAGE]
Site No: 274000
Site Name: JC Fire Station, MO
IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day first above
written.
LANDlORD
City of Jefferson Missouri
a Missouri municipal corporation
Signature:-------------
Print Name:------------
Title:---------------Date: ______________ _
WITNESS
Signature:-------------
Print Name:-------------
Signature:-------------
Print Name:------------
WITNESS AND ACKNOWlEDGEMENT
State/Commonwealth of ________ _
County of __________ _
On this __ day of 201__, before me, the undersigned Notary Public,
personally appeared personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity
upon which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
Print Name:-----------
My commission expires: ______ _
{SIGNATURES CONTINUE ON NEXT PAGE]
[SEAL]
Site No: 274000
Site Name: JC Fire Station, MO
TENANT
American Towers llC
a Delaware limited liability company
Signature: ~
Print Name:------------
Title: -----rt----,;;=----::-----.-
Date: ____ q+-· ----~{~-c:J:7/---'-.--------6Z,z...At..L)-'I,_L(+--
WITNESS
WITNESS AND ACKNOWlEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
~-t-'-~
On this\?::> ~f ~~gt"~~~ ~01~ before me, the undersigned Notary Public,
personally appeared • C · Ct. '\c ~~· '--• personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity
upon which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
[SEAL]
NICOLE C. MONTGOMERY
Notary Public
commonweallh of Moss~chusetts
My commission Exp1res
Apr\122. 2016
Site No: 274000
Site Name: JC Fire Station, MO
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EXHIBIT A
This Exhibit A may be replaced at Tenant's option as described below
PARENT PARCEl
Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or
deeds) that include the land area encompassed by the Lease and Tenant's improvements thereon
The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds)
to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.
ALL OF INLOTS NUMBERED 420 AND 421 IN THE CITY OF JEFFERSON, COUNTY OF
COLE, STATE Of MISSOURI.
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a
description obtained from an as-built survey conducted by Tenant.
EIGHT HUNDRED SEVENTEEN (817) FEET WITHIN THE SITE SITUATED IN THE CITY OF
JEFFERSON, COUNTY Of COLE, STATE OF MISSOURI, MORE COMMONLY KNOWN AS
FIRE STATtON 1, AND DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE INLOT 421 IN THE CITY OF JEFFERSON, IN SECTION 7,
TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNlY, MISSOURI, AND BEING MORE
PARTICUlARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEAST UNE OF 20 FOOT WIDE ALLEY, BEING
THE MOST SOUTHERN CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON
ROD BEARS SOUTH 18 DEGREES 40 MINUTES WEST 1 .89 FEET; THENCE NORTH 48
DEGREES 10 MINUTES 11 SECONDS WEST 19.00 FEET ALONG SAID NORTHEAST LINE
OF 20 FOOT WIDE ALLEY TO AN IRON ROD (SET); THENCE NORTH 42 DEGREES 21
MINUTES 46 SECONDS EAST 65.00 FEET; THENCE SOUTH 48 DEGREES 10 MINUTES
11 SECONDS EAST 19.00 FEET TO THE SOUTHEAST LINE OF SAID INLOT 421;
THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 65.00 FEET ALONG
SAJD SOUTHEAST LINE OF SAID INLOT 421 TO THE POINT OF BEGINNING OF THIS
DESCRIPTION AND CONTAINING 1235 SQUARE FEET, MORE OR LESS.
Site No: 274000
Site Name: JC Fire Station, MO
ACCESS AND UTILITIES
The Access and Utilities Easements include all easements of record as well as existing access and utilities
currently servicing the Leased Premises to and from a public right of way.
A TRACT OF lAND IN THE lNLOT 421 IN THE ClTY OF JEFF-TRSON, IN SECTION 7,
TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURI, AND BEING MORE
PARTICULARLY DESCRiBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEAST LINE OF 20 FOOT WIDE ALlEY, BEING
DISTANT NORTH 48 DEGREES 10 MINUTES 1 t SECONDS WEST 19.00 FEET FROM
THE SOUTHERNMOST CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON ROD
SEARS SOUTH 18 DEGREES 40 MINUTES WEST 1 .89 FEET; THENCE NORTH 48
DEGREES 10 MINUTES 11 SECONDS WEST 20.00 FEET ALONG SAID NORTHEAST LINE
OF 20 FOOT WIDE ALLEY TO A POINT; THENCE NORTH 42 DEGREES 21 MINUTES 46
SECONDS EAST 43.00 FEET TO A POINT; THENCE SOUTH 48 DEGREES 10 MINUTES
11 SECONDS EAST 20.00 FEET TO THE SOUTHEAST LINE OF SAID INLOT 421;
THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 43.00 FEET TO THE
POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 860 SQUARE fEET,
MORE OR LESS.
Site No: 274000
Site Name: JC Fire Station, MO
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