HomeMy WebLinkAboutLease Agreement/Water Tower, Alamosa it I I/Z
TO WATER TOWER/LAND LEASE AGREEMENT
Date: Q\j 201
Sprint Site ID: MLI5AL085-A (Marion Road Water Tower)
Owner
City of Oshkosh, a Wisconsin municipal corporation
ATTN: City Manager
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
Lessee:
Alamosa (Wisconsin)Properties, LLC, a Wisconsin Iimited liability company, successor-in-
interest to Alamosa Wisconsin Limited Partnership
Sprint Property Services
Site ID: ML15AL085-A
Mailstop KSOPHTO 10 1-Z2650
6391 Sprint Parkway
Overland Park, KS 66251-2650
with a copy to:
Sprint Law Department
Attn: Real Estate Attorney
Site ID: MLI5AL085-A
Mailstop KSOPHTO 10 1-Z2020
6391 Sprint Parkway
Overland Park, KS 66251-2020
Property: The property is defined as the land owned by Owner and described on Exhibit A
attached.
Premises: The Premises is defined as a portion of the Property as described oil Exhibit B
attached.
Rent: Rent is defined as the following.
$2,200.00 per month; $26,400 to be paid annually during the Initial Term;
$2,600.00 per month; $31,200 per year(minimum)to be paid annually during the First
Renewal Term; and
$3,000.00 per month; $36,000 per year(minimum) to be paid annually during the Second
Renewal Term.
Oshkosh Water Tower Lease
ML15ALOSS j
AGREEMENT
In consideration of the mutual promises, covenants, and understanding set forth in this
Water Tower/Land Lease Agreement (the "Agreement"), and for other good and valuable
consideration, the paties agree as follows:
1. Demise. Subject to the terms and conditions of this Agreement, Owner leases to Lessee
and Lessee leases from Owner the Premises together with a non-exclusive license for the
reasonable access to the Premises and to the appropriate, in Lessee's discretion, source of
electric, telephone and data communications facilities (all leased areas, including
licenses, are referred to herein and included in the definition of"Premises"). Access to
the Premises is subject to all existing casements, covenants, conditions, and restriction of
record, if any, together with any restrictions arising from Owner's prior agreements with
other lessees for use of the Premises, and are depicted in Exhibit "B" attached hereto.
2. Filings. Lessee may make and file applications to such local, state and federal
governmental entities whose approval Lessee may consider reasonably necessary or
advisable to have the Premises approved as an antenna site, including but not limited to
governmental approvals for zoning variances, zoning applications and building permits.
Owner agrees that an executed copy of this Agreement is as effective as the original, but,
if requested by Lessee, Owner shall execute such other and further documents as may be
required by the governmental entity in question to evidence Owner's consent to the
action, which is proposed to be taken. Owner shall provide reasonable cooperation and
assistance to Lessee in obtaining all governmental approvals required by Lessee, with any
expenses to be paid by Lessee.
3. Use. Lessee may use the Premises for the installation, operation, maintenance, repair,
replacement, upgrade, and eventual removal of facilities for the transmission and
reception of radio communication signals in such frequencies as may be assigned to
Lessee or otherwise authorized for use by the Federal Communications Commission
("FCC") and for the operation of related equipment in accordance with the provisions of
this Agreement. Lessee shall use the Premises in compliance with all federal, state, local
laws and regulations, including but not limited to OSHA safety requirements. Owner
agrees to reasonably cooperate with Lessee in obtaining, at Lessee's sole expense, all
licenses and permits required for Lessee's use of the Premises. Lessee will use the
Premises in a manner which will not unreasonably disturb the occupancy of Owner or
Owner's other lessees, if any.
a. Lessee shall have the right, at its sole cost and expense, to install, operate and
maintain the facilities on the leased portions of the Water Tower described in Exhibit
"C" attached hereto, which facilities include radio transmitting and receiving antennas
(the "Antenna Facilities"). Lessee's installation of all such equipment, personal
property, and facilities shall be done according to plans approved by Owner, and no
equipment or property shall be subsequently relocated on the Water Tower without
Owner's approval, which approvals shall not be unreasonably withheld, delayed or
conditioned. The Antenna Facilities shall remain the exclusive property of Lessee.
Oshkosh Water Tower Lease
MLI SAL085 2
. 1
In addition, this Agreement includes a ten foot by twenty foot (10'x 20') parcel on the
ground at the base of the Water Tower upon which Lessee will construct its
Equipment Shelter as described below,Sh etel1Eall nwith
accordan of wits its riatsheep an as
e width
from the Water Tower to the Equipnerrt
approved by Owner. Lessee agrees to pay Owner's reasonable cost for review and
inspection, thirty (30) days following Owner's submission of detailed invoices to
Lessee, amount not to exceed $3,000.00.
b. Lessee may update or replace the Antenna Facilities from time to time with the prior
written approval of Owner; provided that the replacement facilities are not greater in
size and weight or stress than the existing facilities and provided that their location on
the leased portions of the tower is satisfactory to Owner. Lessee shall submit to
Owner a proposal for any such replacement facilities, and for any supplemental
materials as may be reasonably requested for Owner's evaluation and approval,which
approval shall not be unreasonably withheld, delayed or conditioned. All costs for
required structural studies will be paid by Lessee within thirty (30) days of receipt of
a detailed invoice.
c. Lessee shall have the right at its sole cost and expense, to install, operate and
maintain on the Premises the Antenna Facilities and other improvements described in
this Agreement, which improvements will include a structure to house Lessee's
equipment ("Equipment Shelter"). All such improvements shall be constructed in
accordance with terms set forth in this Paragraph 3. The Equipment Shelter and all
equipment stored or operated therein, for the benefit of Lessee, shall remain the
exclusive property of Lessee. All appropriate permits must be obtained prior to
construction and use of the Equipment Shelter. Lessee acknowledges Owner's desire
to have such equipment stored near the Water Tower facility and shall use its best
efforts to accommodate Owner's desire.
d. At all times during this Agreement, Owner hereby grants to Lessee a nonexclusive
license for vehicular ingress, egress, and access over the Premises, which gives
Lessee access to the Equipment Shelter and to the base of the Water Tower at no
additional charge to Lessee. Additionally, at all times during this Agreement, Owner
hereby grants to Lessee a nonexclusive license for the installation, maintenance,
repair, upgrades and replacement of utility lines for electricity, telephone, data
communications and/or other necessary utilities over, under and across the Property
which provides Lessee utility service to the Premises and Equipment Shelter and to
the base of the Water Tower at no additional charge to Lessee, All such utility lines
installed by Lessee shall be at locations determined by Lessee and approved by
Owner, in advance, which Owner approval shall not be unreasonably withheld,
delayed or conditioned.
e. Lessee, at all times during this Agreement, shall have vehicular access to the
Premises and the Equipment Shelter in order to install, operate and maintain its
transmission facilities.
Oshkosh Water Tower Lease 3
ML15AL 085
f. Lessee shall separately meter charges for the consumption of electricity and any other
utilities associated with its use of the Premises and shall pay all costs associated
therewith. All utilities will be buried.
g. Lessee shall have sole responsibility for the maintenance, repair, and security of its
equipment, personal property, Antenna Facilities, Equipment Shelter, and any other
leasehold improvements, and shall keep the same in good repair and condition during
the lease term.
It, There will be no advertising on the Premises or on any structure on the Water Tower,
the Equipment Shelter.
i. All antenna panels will be painted to match the color of the Water Tower.
j, The Premises will be landscaped according to plans approved by Owner.
k. Any reasonable additional costs for servicing or maintaining the Water Tower that are
due to the presence of the installation of the Antenna Facilities, the Equipment
Shelter, or any other Lessee equipment, will be the responsibility of Lessee.
1. A motion-sensitive security light will be installed on the Equipment Shelter, if
constructed.
in, Owner will notify Lessee at least ninety (90) days in advance of the date when the
Water Tower is scheduled to be painted. The parties will cooperate to determine
which of the following two options will be used to address the impact of the Antenna
Facilities on the cost of painting the Water Tower. 1) Shortly before the painting
date, Lessee will place a temporary antenna array on a crane parked near the
Premises. Lessee will then remove the antennas from the Water Tower and the
painting will proceed as it normally does. Once the painting is finished, Lessee will
then re-attach the antennas where they were and will have them painted to match the
newly painted Water Tower. 2) The painting contractor will bid on the cost of
painting the tower without the Antenna Facilities. The contractor will then bid on the
cost of painting the tower with Lessee's antennas left in place. The contractor will
then proceed to paint the tower with Lessees antennas left in place. Lessee will
reimburse Owner for the difference between the two bids.
4. Term. The initial term of this Agreement shall be five (5) years, commencing September
1, 2015 (the "Commencement Date") and ending August 31, 2020 ("Initial Term").
Lessee shall have the right to extend this Agreement for two (2) additional five (5) y
ear
terms (each a "Renewal Term" and collectively, "Renewal Terms"), subject to the terms
and conditions of this Agreement. This Agreement shall automatically be renewed for
each successive Renewal Term, unless Lessee notifies Owner of Lessee's intention not to
renew the Agreement at least six (6) months prior to the expiration of the Initial or any
Renewal Term. After the expiration of the last Renewal Term, this Agreement may be
renewed upon such terms and conditions as the parties may then agree, provided that
Lessee shall notify Owner of its intention to renew this Agreement at least six (6) months
prior to the expiration of the second Renewal Term.
Oslikosh Water ToNver Lease 4
ML15AL085
5. Rent. For the Initial Term of this Agreement, Lessee shall pay Rent to Owner as shown
above in annual payments, payable on the Commencement Date and on the anniversary
of the Commencement Date thereof. The annual rent for each Renewal Term shall be
adjusted by a factor equal to the change in Cost of Living (CPI-U, as measured in the
Milwaukee Metropolitan Area by the Bureau of Labor Statistics or successor federal
agency) since the beginning of the immediately preceding five-year term and the
commencement date of the applicable renewal term, or (b) adjusted in accordance with
the minimum increase shown above, whichever is greater. In the event this Agreement is
terminated by Owner under Section 118(d) below, all prepaid rents will be refunded to
Lessee. In the event this Agreement is terminated by Lessee under Sections 118(a),
I I8(b) or 118(c). Lessee shall be entitled to reimbursement of all prepaid Rent prorated
to the date of termination.
G. Reasonable Approvnl. Both parties shall not unreasonably withhold, delay or condition
any approvals required under this Agreement.
7. Interference.
a. Lessee's installation, operation, and use of its communications facilities under this
Agreement shall not damage or interfere in any way with Owner's Water Tower
operations or related repair and maintenance activities. Owner, at all times during
this Agreement, reserves the right to take any action it deems necessary, in its sole
discretion, to repair, maintain, alter or improve the Property and to temporarily
interfere with Lessee's leaseliold improvements as may be necessary in order to carry
out any of such activities subject to the terms of this Agreement. Owner agrees to
give reasonable advance notice of such activities to Lessee and to reasonably
cooperate with Lessee to carry out such activities with a minimum amount of
Interference with Lessee's transmission operations.
b. Owner shall not guarantee to Lessee exclusive use of, or non-interference with,
Lessee's transmission operations, provided, however, that in the event any other party
requests permission to place any type of additional antenna or transmission facility on
the Water Tower or the Property after Lessee, this Paragraph will govern the
determination of whether such antenna or transmission facility will interfere with
Lessee's transmission operations. If Owner receives any such request, Owner shall
summit the proposal to Lessee for review for non-interference. Lessee shall have
thirty(30) days following receipt of said proposal to make any objections thereto, and
failure to make any objection within said thirty (30) day period shall be deemed
consent by Lessee to the installation of antennas or transmission facilities pursuant to
said proposal, Any dispute between Owner and Lessee regarding the proposed
additional installation and its potential for interference with Lessee's transmission
operations shall be resolved by submitting the issue for decision to an independent
third party mutually agreed upon by Owner and Lessee, whose decision regarding
interference shall be binding on both parties hereto and whose expense shall be borne
equally by Lessee and the party requesting such permission.
c. In the event that Lessee's transmission operations interfere with any type of electronic
Oshkosh Nater Tol r Lease
ML15AL085 S
reception or transmission of any other parties on the adjacent properties, Lessee
agrees to use its reasonable best efforts to remedy such interference in accordance
with applicable regulations and standards of the FCC. Lessee warrants that it shall
maintain all of its Antenna Facilities in full compliance with all applicable regulations
of the FCC and other governing bodies. Lessee will be responsible for resolving any
intermodulation problems with other users of the Water Tower and underlying
Property located on the Property prior to the installation of the Antenna Facilities,
should they occur due to the equipment installed and operated by Lessee.
8. Termination, Except as otherwise provided herein, this Agreement may be terminated
by the parties upon thirty (30) days written notice to the other party as contained in this
Paragraph. Upon termination of this Agreement for any reason, Lessee shall remove all
of its equipment, personal property, Antenna Facilities, structure, underground utilities
and leaschold improvements from the Water Tower and the Premises within one hundred
eighty (180) days after the date of termination, and shall restore the Water Tower and the
Premises to the condition it was in on the Commencement Date, ordinary wear and tear
and loss by casualty excepted, all at Lessee's sole cost and expense, Any such personal
property which is not removed by end of said one hundred eighty (180) day period shall
become the property of Owner upon thirty (30) days prior written notice to Lessee.
a. By either party, upon a default of any covenant or term hereof by the other party,
which default is not cured within thirty (30) days of receipt of written notice of
default to the other party, provided that such thirty (30)-day period shall be extended
as reasonably necessary in the event that the party alleged to be in default is
proceeding in good faith with due diligence to cure such default but is unable to do so
within such thirty(30) day period;
b. By Lessee, if it is unable to obtain or maintain any license, permit, or other
governmental approval necessary for the construction and/or operation of the
transmission facilities or Lessee' business;
c. By Lessee, if the Premises is, or becomes, unacceptable under Lessee's design,
economic or engineering specifications for the Antenna Facilities or the
communication systems to which the Antenna Facilities belong;
d. By Owner, if the Water Tower is destroyed, dismantled or removed, or if Owner
determines, in its sole discretion and for any reason, the structure to be structurally
unsound for use as a water tower, including but not limited to consideration of age of
the structure, damage or destruction of all or part of the Water Tower or the
underlying Property from any source, or factors relating to condition of the Premises
in which event Lessee shall have the right to erect and maintain temporary
communications facilities on the Premises at a location as close as reasonably
possible to the location of the Water Tower for a period of up to one (1) year at the
then current rental rate for the purpose of continuing to provide service to the
community while Lessee seeks to permit another site. In the event Lessee elects to
terminate the Agreement, Lessee shall be entitled to reimbursement of any prepaid
rent prorated to the date of termination.
Oshkosh Water Tower Lease
ML15AL085 6
!4 .
e. By Lessee, if the Premises, Water Tower, or Antenna Facilities are destroyed or
damaged so as, in Lessee's sole judgment, to render the Premises unusable as an
Antenna Facility. In the event Lessee elects to terminate the Agreement, Lessee shall
be entitled to reimbursement of any prepaid rent prorated to the date of termination.
9. Insurance.
a. Lessee shall maintain, at its sole cost during the term of this Agreement, commercial
General Liability insurance insuring Lessee and Owner against liability for personal
injury, death or damage to personal property arising out of the use of the Premises by
Lessee. Such insurance shall provide coverage in an amount not less than One
Million Dollars ($1,000,000.00) for bodily injury or death to one or more persons and
in an amount of not less than One Million Dollars ($1,000,000.00) for property
damage. Insurance is to be placed with insurers who have an A.M. Best rating of no
less than A- and a Financial Size Category of no less than class VI, and who are
authorized as an admitted insurance company in the state of Wisconsin. The
following must be named as additional insureds on all Liability Policies - City of
Oshkosh, and its officers, council members, agents, employees and authorized
volunteers. On the Commercial General Liability Policy, the additional insured
coverage must be ISO form CG 20 10 07 04 or its equivalent.
b. Owner shall maintain, at its sole cost during the term of this Agreement, general
liability insurance insuring Owner against liability for personal injury, death or
damage to Premises property arising out of its ownership, use and management of the
Owner's Premises by Owner or its agents,with combined single limits of not less than
One Million Dollars ($1,000,000.00).
c. Notwithstanding anything in this Agreement to the contrary, each party releases the
other party from all liability, whether for negligence or otherwise, in connection with
a loss covered by any policy(s) which the releasing party carries with respect to the
Premises or personal property located upon the premises, but only to the extent that
such loss is collected under such insurance policy(s). Any policy required to be
obtained pursuant to this Section shall contain a Waiver of Subrogation in favor of the
other party hereto.
10. Condemnation. In the event the whole of the Premises is taken by eminent domain, this
Agreement shall terminate as of the date title to the Premises vests in the condemning
authority. In the event a portion of the Premises is taken by eminent domain, either party
shall have the right to terminate this Agreement as of said date of title transfer, by giving
thirty (30) days written notice to the other party. In the event of any taking under the
power of eminent domain, Lessee shall not be entitled to any portion at the award paid
for the taking and Owner shall receive the full amount of such award. Lessee hereby
expressly waiving any right or claim to any portion thereof. Although all damages,
whether awarded as compensation for diminution in value of the leasehold or the fee of
the Premises, shall belong to Owner, Lessee shall have the right to claim and recover
from the condemning authority, but not from Owner, such compensation as may be
separately awarded or recoverable by Lessee on account of any and all damage to
OsUkosU Water Tomr Lease
ML15AL085 7
Lessee's business by reason of the taking and for or on account of any personal t Premises
which Lessee might be put in removing and relocating its equipment,
Antenna Facilities and leasehold improvements.reOwner
��ng will refund
d all
prepaid
the rents
date of
oil
the date title to the Premises vests
termination in the event a portion of tine Premises is taken by the condemning authority
and this Agreement is terminated.
fault of
l I. hiden�Riification. Except for the negligent sacatse'lt eland �ieoeltatl�es, Lessee agrees
Owner's elected officials, officers, employee , g
to indemnify, defend, and hold harmless owner d against aridits a y and all claims,laims, posts losses,
employees, agents, and representatives,
expenses, demands, actions, or causes of action,r�racl including
ted aglainstoo eincurr•edand
by
other costs and expenses of litigation, which y
Owner or for which Owner may be held liable, which ariso willful
misconduct, or other fault of Lessee or its employees, agents,
performance of this Agreement or from the installation, operation, use, maintenance,
repair, removal, or presence of the Antenna Facilities on the Premises and the Water
Tower.
Subject to any limitations contained in it�s�offidceas�y similar statute, of l
o£flc als, employees and
Wisconsin Statutes, Owner agrees to hold Lessee,
agents harmless from any and all liability,
descriptiond (ncluding death),,or°damages to
damages, and expenses of every kind
person or property arising out of the terms° f this omissionofent any lof•Owner'slaofficers,
bility is
founded upon or grows out of the acts
employees or agents while acting within the scope of their employment.
for
ts
It is the intention of the Parties that eaeers party
includl be ing ngolely Le seers Authorized parties Par'tiesaand
actions and activities under this Ag
further, to achieve said purpose, that this Paragraph be liberally construed in favor of the
party seeking indemnification.
ll
e in
12. Notices. All notices, requests, dem ands, and llthdeli�e ed or mailed munications lbyeegularunder sfi►st cla s
writing and shall be deemed given if personally
mail to the addresses listed above.
13. Re)resentations and Warranties. Owner warrants that: (1) it has full right, power, and
d (2) to the best lea of any its
hensknowledge,
a rnortgagess ex�ept ad
authority to execute this Agreement; an
s
unencumbered title to the Premises free and Y
may be disclosed by review of title. owner ow th s11Agheement at in shaacclordance the
wi hu its
enjoyment of the Premises during the term
terms.
a. owner warrants that it has no e Premises thatnowlee of as�dentified as hazardou,s�toxicsor
( collectively, "Substance") on th
dangerous in any applicable federal, state or local law or regulation. Owner will have
sole responsibility for the identification, investigation, monitoring and remediation
Oshkosh water Tower Lease 8
MU MU085
'4 �\
and cleanup of any pre-existing Substances prior to the date Lessee occupies the
Premises. Owner shall hold Lessee liaslnpes�iab�my,ii n�lddipglcansultantsy Lessee gfees and
ainst any
damage, loss, expense, response costs,
attorneys' fees resulting from the presence}of any Substance is traduced under
or around
its
Owner's Premises as long as the Substance
employee's agents or contractors. Owner, itse employees, ist tenor local law
actors shall
not introduce any Substance in violation of any applicable federal,
or regulation to the Premises.
ehold
b. Lessee, at its awn cost has the right to obtain
tei wiraiment �mentalsevaluatioln
policy from a title insurance company of its choice and anyre
it deems necessary. If, in the o�tmeiit showssany defects vof title or ally 1 ensLesee, such enironmental reportsaor
unsatisfactory or such title comm
encumbrances which may adversely affect Ljesesa ateuse
s upoon written f the inotice eto owner
have the right to cancel this Agreement im Y
and all prepaid rents shall be refunded to Lessee.
ment
out
14. Assi�»<meut and Sublettin Lessee 'nay not assign °whioh controt this Agisecontrolled iby,
the prior written consent of Owner, except to y Y
or is under the common control with Lessee, atof Lesseeto any entity
jor to mergerresulting froin any
any partnership inwhi h
consolidation with Lessee, or to any pathe
Lessee is a general partner, or to any person►f j• entity which
Woibtaiias aiires all securityf interestassets
in of
a
Lessee as a going concern, or to any Y
substantial portion of Lessee's assets.
ed in
15. Successors and Assi ns. This Agreement shall execute,un with
acknowPremises
andsde bvei to
Exhibit "A." At the time of execution Owners in such form as
Lessee for recording a Memor Lessee Thisent ("Memorandum"),
be binding upon and inure
may reasonably be required by ersonal representatives, and
to the benefit of the at'tiis sole their
aptionrespective
d expenseseco d such Memorandum in the
assigns. Lessee may,
Winnebago County Registry, and if Lessee does e,L ebe
responsible for
drafting and recording ally releases reasonably required byOwithe termination of
this Agreement to clear Owner's title to the Premises.
16. Miscellaneous.
a. Each party agrees reasonably to furnish to the other, within
heasalirty (requests after request, such
truthful estoppel information as the other may Y
and
b. This Agreement constitutes the entire agreement ae mentsiof anyikindldestandig ofhThe e1ea,e no
supersedes all offers, negotiations, and other g
representations or understandings of any kind writin set f and executed by both pattieorth herein. Any s.modification
of or amendment to this Agreement must be g
c. This Agreement shall be construed in accordance with the laws of the State of
Wisconsin.
Oshkosh water'roNver Lease 9
ML15AL085 \\
not
d. if any term of this Agreement is found b �w hi h shalldcontinsuch
ue ininvalidity
full forcel and
affect the remaining terms of thls Agreement,
effect.
(The balance of this page is intentionally left blank.)
Oshkosh Water Tower Lease to
MIAMI-0&5
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the Effective Date.
Lessee'
Owner:
City of Oshkosh, tion
(Wisconsin)Properties,LLC,
a Wisconsin municipal corpora
a Wisc tsin l'mite iii company
By:
BPrinted Name:Michael Mizzell
Printed Name.: Title: Manager—Vendor Management
Title: + f
Date: .
Date; 3 A I V
Oshkosh Water TOWU L So �1
MU 5AL085
EXHIBIT A
Descr'r tion of prouerly
Lots 23 and 24 of Block 'IF" in the Plat STERN tOra
together with the North '/2 of Hancock Street tzowvacedlo adjacent to
said Lots 23 and 24 and between the extended East and west flues of said Lots, ill the First
Ward, City of Oshkosh,Winnebago County,Wisconsin.
Oshkosh Water To Avr Lease 12
ML15AU95
EXHIBIT B
Oestri tion of PremiseslSite Platt
(See attached.)
OshkosU er Lease Water Torr 13
Mi,15AL0 85
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EXHIBIT C
Description of Antenna Facilities
(See attached.)
Oshkosh Water ToH=er Lease 14
ML15AL085
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint Property Services
Mailstop KSOPHTO 10 1-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
[space above this line for Recorder's use]
Parcel 1 eJJJJ tcatton NUJI er: 9 t-0249
MEMORANDUM OF LEAST;AGREEMENT
The MEMORANDUM OF LEASE AGREEMENT ("Memorandum"), is entered into on
this day of , 201_, by and between the City of Oshkosh, a
Wisconsin municipal corporation (hereinafter referred to as "Owner"), and Aiamosa (Wisconsin)
Properties, LLC, a Wisconsin limited liability company (hereinafter referred to as "Lessee").
1. Owner and Lessee entered into a Water Tower/Land Lease Agreement ("Agreement")
on the day of , 201_, for the purpose of installing, operating and
maintaining a radio communications facility and other improvements. All of the foregoing are
set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on September 1, 2015,
and terminating on the last calendar day of the month which contains the fifth (5th) anniversary
of the Commencement Date,with two (2) successive five(5)year options to renew.
3. The Property which is the subject of the Agreement is described in Exhibit A annexed
hereto. The portion of the Property being leased to Lessee (the "Premises") is described in
Exhibit B annexed hereto.
(The balance of this page is intentionally left blank.)
oslikosh Water Toter Lease 15
ML15AW85
iN WITNESS WHEREOF, the parties have executed this Memorandum as of day
of , 20l
Owner: Lessee:
City of Oshkosl►, Alamosa (Wisconsin) Properties,LLC, a
a Wiscollsiu municipal corporation Wiscous'n limited ' bility company
By: �� 6 By:
Printed Na e: Title:
ichael Mizzell
Title: Title: Manager—Vendor Management
oslikosh Water 7oxxvr Lease 16
MLI5AL085
ti
OWNER NOTARY BLOCK
STATE OF ter, - ) COUNTY
)ss.
OF C,OUA� )
The foregoing instrument was (choose one) []attested or fSacktjowledged before me
,,h , 201 , by
this Z4 day of y`!io _ .
�
• Oshkosh, a Wisconsin municipal corporation,
on behal dthecorpora ion of the City of Os
In witness whereof I hereunto set my hand and official seat.
—L"N( TARYUBLIC
LESSEE NOTARY BLOCK
STATE OF KANSAS )
) ss.
COUNTY OF JOHNSON }
Acknowledgment by Corporation
Pursuant to Uniform Acknowledgment Act
L-
The foregoing instrument was RVkowlcdqd before me this day of
4r ,201 , by I' E� _ on behalf of
Alamosa {Was risin) Properties,LLC, a Wisconsin limited liability company.
In witness whereof I hereunto set my hand and official seal.
LATANYA R.JONES
yQtiEworu�rp� NOTARY PUBLIC
STATE OF KANSAS
s _MY XPIHE +iv
oslikosh hater Tower Lease 17
ML15AL085
EXHIBIT A
TO MEMORANDUM OF WATER TOWER/LAND LEASE AGREEMENT
Description of Land
Lots 23 and 24 of Block "F" in the Plat of the WE, ADDITION to Oshkosh,
together with the North % of Hancock Street (now vacated) lying south of and adjacent to
said Lots 23 and 24 and between the extended East and west lines of said Lots, in the First
Ward, City of Oshkosh, Winnebago County, Wisconsin.
Oshkosh water Tbtm Lease
ML15AL095 18
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TO ME'MORANDUMOF WATER TOWS
SAND LEASE AGR]
Desc> i tion of Premises
(See attached,)
Oshkosh Water To�4er!_ense
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Sprint Corp.
i Ift �� 6391 Sprint Parkway
Mailstop KSOPHT0101-22650
s r Overland Park, K5 66251-2650
Property Services
Toll Free: (800) 357-7641
Email; LandlordSolutions S rint.com
Sprint Site 1D: ML15AL085
Property Services - Landlord Solutions
All issues related to ivlreless sees (how to contact)
• By Phone (Landlord Solution s Not Line): 800.357.7641
• By Facsimile: 913.523.9735
• By Self Service Request: https://Iandlordsolutions.Sprint.Com
® BY US Mail and Overnight Services (Official Notice Address)
Sprint Property Services
Site ID: AIL15AL085
Mail Stop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park. KS 66251-2650
i
■ Copy to i
Sprint Law Department
Site ID: ML15AL085
E
Attn Sprint Real Estate Attorney
Mailstop.KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park KS 66251-2020
i
Sprint Corp.
Sprint
6391 Sprint Parkway
Mailstop KSOPHT0101-22650
Overland Park, KS 66251-2650
F
Property Services
Toll Free: (800) 357-7641
Email: LandiordSolutions S rint.com
RE: Electronic Rental Payment(s)
Dear Landlord:
Receiving rent checks via the U.S. Postal Service subjects you to potential postal delays and theft or fraud. As an
alternative-to receiving a paper check in the mail, Sprint Nextel offers a secure way for you to receive your
payments fast, accurately and efficiently. We can send your payment electronically, depositing it directly into your
bank account on the date that the payment is due. There are many benefits to you for taking advantage of this
automated method of receiving payments from Sprint Nextel including:
•Faster Payment.Eliminate the window of time from when the check leaves Sprint Nextel and finally arrives at
your mailbox.
•Avoid Theft and/or Fraud.Avoid having your money fall into the wrong hands.
•Saves you Valuable Time.No more trips to the bank to deposit your payments,and no waiting for the check to
clear.Your money will already be in your account and available for use without any hassle.
•Environmentally Friendly("Going Green").Reduction of use of paper(i.e.: Checks and envelopes).
Standard EIectronic Funds Transfer(EFT)-Direct deposit to your checking account via EFT.
This option is available at NO CHARGE,therefore,we are requesting that you take full advantage of EFT and sign
up today.
How to get started receiving EFT:
To begun the set up process simply complete the enclosed Sprint Nextel Direct Deposit-Rent Setup/Change Form.
Once completed you can email the form to Sprint at LLSDirectDeposit r Sprint.com.
If you do not have an email account you can still enjoy receiving payments electronically by faxing the information
listed above to(913-523-9123)or by mailing the information to:
Sprint Property Services
Site ID:AIL15AL085
Mailstop:KSOPHT0101-2650
6391 Sprint Parinvay
Overland Park,KS 66251-2650
If you have any questions regarding this automated way of receiving payments or questions about how to sign up,
please don't hesitate to call Landlord Solutions at 1-800-357-7641,or email us landlordsolution 0(gprint.com or fax
us at(913)523-9735.
Being"green"requires each of us to think differently and it's more than using less paper;it is making"green" a part
of our fundamental priorities and improving the customer experience.
We look forward to providing you this beneficial service.
Sincerely,
Sprint Landlord Solutions
Sprint Corp.
6391 Sprint Parkway
Sprint Mallstop KSOPHT0101-Z2650
Overland Park, KS 66251-2650
Property Services
Toll Free: (800) 357-7641
Email: Land lord5olutions@Sprint.com
SPRINT DIRECT DEPOSIT-RENT SETUP/CHANGE FORM
Direct Deposit is a fast, easy way to receive payments. We highly encourage our vendors to sign up.
Using Direct Deposit means funds will be available in your account within two business days from
payment date. Please follow the directions below to take advantage of this more effective and efficient
payment opportunity.
A. Bank Name. � '�
B. Type of Account: Checking Z Savings ❑
C. ABA Routing Number (9 digits): 7,9,0105-15 .
D. Bank Account Number. +
E. Vendor Name (used in lease): L I
F. Sprint Vendor Number (if known)}:
G. Tax ID Number:
H. Vendor Mailing Address: ` I J30
I. Vendor Phone Number.
3, Accounts Receivable Email Address: I 1.Qi\t1i 1�dl � ����� UJ
(Note: Email address required to receive detailed(deposit notifications.)
K. Accounts Receivable Contact Phone: qaD- a34:._
o
L. Printed Name of Authorized Vendor Representative: n �K gi0 o
M. Signature of Authorized Vendor Representative:
*By signing above you agree to the following terms/conditions:
•We understand that ALL payments will remit via ACH to the bank account fisted above.
•We will notify Sprint of any change to account info 10 days prior to change in order to avoid
returned payments or delay in payments.
N.Date Signed by Authorized vendor Representative:
The following backup MUST be submitted with this form and MUST include:the name on the
account,the account number,and the ASA routing number.
•Checking account-attach a voided check or a letter from the bank
•Savings account-attach a pre-printed deposit slip and the 1 st page of a recent bank statement
(only if"name"on the account is not on the deposit slip)
The completed form can be sent via email to LLSDirectDe osit S rin1 coni or by fax w/coversheet to
913-523-9123.
Site Numbers/lDs: ML15AL085