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LAND LEASE AGREEMENT
This Agreement made this '~~ day of /,(,«~, , 2008, between City of
Columbia Heights, a Minnesota municipal corporation, wi a mailing address of 637 38"' Avenue
Northeast, Columbia Heights, Minnesota 55421, hereinafter designated LESSOR and Verizon
Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon
Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404),
hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to
hereinafter as the "Parties" or individually as the "Party".
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel
of property legally described in Exhibit "A" attached hereto and made a part hereof (the entirety
of LESSOR's property is referred to hereinafter as the Property), located at 637 38"' Avenue
Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota, and being
described as a 22 by 55 foot parcel containing approximately 1,210 square feet (the "Land
Space"), together with anon-exclusive easement for access and utilities thereto seven (7) days a
week, twenty four (24) hours a day during the term of this lease. Said Land Space hereinafter
referred to as the "Premises" being substantially as described herein in Exhibit "A".
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached
hereto and made a part hereof. Cost for such work shall be borne by the LESSEE.
3. TERM. This Agreement shall be effective as of the date of execution by both
Parties, provided, however, the initial term shall be for five (5) years and shall commence on the
Commencement Date (a hereinafter defined) at which time rental payment shall commence for the
initial lease year and be due at a total annual rental of Sixteen Thousand and No/100 Dollars
16,000.00) to be paid in equal annual installments on the first day of each lease year, in advance,
to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate
in writing at least thirty (30) days in advance of any rental payment date by notice given in
accordance with Paragraph 22 below. The initial term shall commence on June 1, 2008, or the
first day of the month following the date LESSEE commences installation of the equipment on the
Premises, whichever occurs first (either the "Commencement Date").
LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement
Date in the event the Commencement Date is based upon the date LESSEE commences
installation of the equipment on the Premises. In the event the Commencement Date is the fixed
date set forth above, there shall be no written acknowledgement required. LESSOR and LESSEE
acknowledge and agree that the initial rental payment may not actually be sent by LESSEE until
thirty (30) days after the Commencement Date or after a written acknowledgement confirming the
Commencement Date, if such an acknowledgement is required.
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Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in
such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose
upon request of LESSEE.
Rent for each subsequent lease year shall be increased by three percent (3%) of the
previous lease year's annualized rental.
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE terminates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of
the then current term.
5. INTENTIONALLY OMITTED.
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year
extension term this Agreement has not been terminated by either Party by giving to the other
written notice of an intention to terminate it at least three (3) months prior to the end of such
term, this Agreement shall continue in force upon the same covenants, terms and conditions for a
further term of five (5) years and for five (5) year terms thereafter until terminated by either Party
by giving to the other written notice of its intention to so terminate at least three (3) months prior
to the end of such term.
7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
incidental thereto. A security fence consisting of chain link construction or similar but comparable
construction may be placed around the perimeter of the Premises at the discretion of LESSEE
not including the access easement). All improvements, equipment, antennas and conduits shall be
at LESSEE's expense. LESSEE shall have the right to replace, repair, add or otherwise modify
its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over
which the equipment operates, whether the equipment, antennas, conduits or frequencies are
specified or not on any exhibit attached hereto, during the Term (subject to the restrictions and
limitations set forth in paragraph 12 hereof). In the event that (i) any governmental approval
issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by
governmental authority; (ii) LESSEE determines that the Premises is no longer technically
compatible for its use, or (iii) LESSEE, in its sole discretion, determines that it will be unable to
use the Premises for its intended purposes, LESSEE shall have the right to terminate this
Agreement. Notice of LESSEE'S exercise of its right to terminate shall be given to LESSOR in
writing by certified mail, return receipt requested, and shall be effective upon the actual receipt or
refusal as shown on the receipt obtained pursuant to the foregoing. All rentals paid to said
termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of
no further force or effect except to the extent of the representations, warranties and indemnities
made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further
obligations for the payment of rent to LESSOR.
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8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify
and hold the other harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the indemnifying
Party, its employees, contractors or agents, except to the extent such claims or damages may be
due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
9. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for
negligence against the other which may hereafter arise on account of damage to the Premises or
to the Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts, such
insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases
shall apply between the Parties and they shall also apply to any claims under or through either
Party as a result of any asserted right of subrogation. All such policies of insurance obtained by
either Party concerning the Premises or the Property shall waive the insurer's right of subrogation
against the other Party.
b. LESSEE shall, at its own cost and expense, maintain commercial general
liability insurance with limits not less than $1,000,000 for any one occurrence and $5,000,000
general aggregate. These limits may be satisfied by the comprehensive general liability coverage
or in combination with an umbrella or excess liability policy, provided coverage afforded by the
umbrella or excess policy is no less than the underlying comprehensive general liability coverage.
c. LESSEE shall provide, prior to tenancy, evidence of the required insurance
in the form of a Certificate of Insurance issued by a company (rated A- or better) by Best
Insurance Guide, licensed to do business in the state of Minnesota, which includes all coverages
required in this Paragraph 9. LESSEE will name LESSOR as an additional insured on the general
liability policy. The Certificate(s) shall also provide the coverage may not be canceled without at
least thirty (30) days prior written notice to LESSOR.
10. LIMITATION OF LIABILITY. Except for indemnification pursuant to
paragraphs 8 and 28, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or services,
incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss
of use of service, even if advised of the possibility of such damages, whether under theory of
contract, tort (including negligence), strict liability or otherwise.
11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods,
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that three (3) months prior notice is given to LESSOR.
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12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed
on the Property prior to the date this Agreement is executed by the Parties. In the event any
after-installed LESSEE'S equipment causes such interference, and after LESSOR has notified
LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps
necessary to correct and eliminate the interference, including but not limited to, at LESSEE's
option, powering down such equipment and later powering up such equipment for intermittent
testing. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently
have or in the future take possession of the Property will be permitted to install only such
equipment that is of the type and frequency which will not cause harmful interference which is
measurable in accordance with then existing industry standards to the then existing equipment of
LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore, either Party shall have the
right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s),
antenna structure(s), equipment, conduits, fixtures and all personal property and restore the
Premises to its original condition, reasonable wear and tear and casualty damage excepted.
LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal
property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the
right to remove the same at any time during the Term, whether or not said items are considered
fixtures and attachments to real property under applicable Laws (as defined in Paragraph 32
below). If such time for removal causes LESSEE to remain on the Premises after termination of
this Agreement, LESSEE shall pay rent at the then existing annual rate on a monthly pro-rata
basis until such time as the removal of the building, antenna structure, fixtures and all personal
property are completed.
14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any
part thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless
the Parties are negotiating a new lease or lease extension in good faith. In the event that the
Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE
holds over in violation of Paragraph 13 and this Paragraph 14, then the rent then in effect payable
from and after the time of the expiration or earlier removal period set forth in Paragraph 13 shall
be increased to one hundred and fifty percent (150%) of the rent applicable during the month
immediately preceding such expiration or earlier termination.
15. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term to grant to a
third party by easement or other legal instrument an interest in and to any portion of the Property
occupied by LESSEE for the purpose of operating and maintaining communications facilities or
the management thereof, with or without an assignment of this Agreement to such third party,
LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the
same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within
thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the
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easement or interest in the Property or portion thereof to such third person in accordance with the
terms and conditions of such third party offer.
16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide to
sell, transfer or grant to a third party by easement or other legal instrument an interest in and to
that portion of the Property occupied by LESSEE, such sale or grant of an easement or interest
therein shall be under and subject to this Agreement.
17. INTENTIONALLY OMITTED.
18. INTENTIONALLY OMITTED.
19. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon 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 made in writing signed by the Parties or in a
written acknowledgment in the case provided in Paragraph 3. In the event any provision of the
Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and
enforceability of the remaining provisions of this Agreement. The failure of either Party to insist
upon strict performance of any of the terms or conditions of this Agreement or to exercise any of
its rights under the Agreement shall not waive such rights and such Party shall have the right to
enforce such rights at any time and take such action as may be lawful and authorized under this
Agreement, in law or in equity.
20. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State of Minnesota.
21. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the Federal Communications Commission in which the Properly is
located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Agreement may not be sold, assigned or transferred without the written consent of the
LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No
change of stock ownership, partnership interest or control of LESSEE or transfer upon
partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.
Subject to paragraph 12 above, LESSEE may sublet space on its tower within its sole discretion,
upon notice to LESSOR, but LESSEE shall not sublet its ground space. Subject to paragraph 12
above, LESSOR may within its sole discretion lease the ground space outside of the Premises to
others, including tenants subleasing tower space from LESSEE. Any sublease that is entered into
by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the
successors, assigns, heirs and legal representatives of the respective Parties hereto.
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22. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to the
addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
LESSOR: City of Columbia Heights
c/o City Manager
590 40th Avenue Northeast
Columbia Heights, Minnesota 55421
LESSEE: Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
24. INTENTIONALLY OMITTED.
25. RECORDING. LESSOR agrees to execute a Memorandum in a form acceptable
to LESSOR which LESSEE may record with the appropriate recording officer. The date set forth
in the Memorandum is for recording purposes only and bears no reference to commencement of
either the Term or rent payments.
26. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to
cure any non-monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain
any action or effect any remedies for default against LESSEE unless and until LESSEE has failed
to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written
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notice of such breach. After receipt of such written notice and except for a breach of a material
provision of this Agreement, LESSOR shall have thirty (30) days in which to cure such breach,
provided LESSOR shall have such extended period as may be required beyond the thirty (30)
days if the nature of the cure is such that it reasonably requires more than thirty (30) days and
LESSOR commences the cure within the thirty (30) day period and thereafter continuously and
diligently pursues the cure to completion. LESSEE may not maintain any action or effect any
remedies for default against LESSOR unless and until LESSOR has failed to cure the breach
within the time periods provided in this Paragraph.
27. REMEDIES. In the event of a default by either Party with respect to a material
provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right
or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting
Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the
non-defaulting Party under the Laws or judicial decisions of the State of Minnesota.
28. ENVIRONMENTAL.
a. LESSEE will be responsible for and will defend, indemnify, and hold
LESSOR, its agents, and employees harmless from and against any and all claims, costs, and
liabilities, including attorneys fees and costs, arising out of or in connection with the cleanup or
restoration of the Premises resulting from LESSEE'S use of Hazardous Materials, except to the
extent such claims, costs, and liabilities may be due to or caused by LESSOR, or its employees,
contractors or agents. For purposes of this Lease, "Hazardous Materials" shall be interpreted
broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous
substance, waste, or materials as defined in any federal, state, or local environmental or safety law
or regulations including, but not limited to, CERCLA. LESSOR represents that it has no
knowledge of any Hazardous Materials on the Premises.
b. LESSEE represents and warrants that its use of the Premises will not
generate and LESSEE will not illegally store or dispose of on the Premises, nor transport to or
over the Premises, any Hazardous Materials, unless LESSEE specifically informs LESSOR
thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as
soon as LESSEE becomes aware of the existence of Hazardous Materials on the Premises.
LESSOR and LESSEE acknowledge that LESSEE shall be utilizing and maintaining on the
Property sealed batteries, propane/diesel/gasoline, HVAC system, and a halon/FM200 fire
suppression system and that the use and maintenance of such items shall not constitute a violation
or breach of the preceding sentences of this paragraph. The obligations of this Paragraph 28 shall
survive the expiration or other termination of this Lease.
29. INTENTIONALLY OMITTED.
30. CONDEMNATION. In the event of any taking of the Premises under the power
of eminent domain, LESSEE shall not be entitled to any portion of the reward paid for the taking
and the LESSOR shall receive full amount of such award. LESSEE hereby expressly waives any
right or claim to any portion thereof. Although all damages, whether awarded as compensation
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for diminution in value of the leasehold or to the fee of the Premises, shall belong to LESSOR,
LESSEE shall have the right to claim and recover from the condemning authority, but not from
LESSOR, such compensation as may be separately awarded or recoverable by LESSEE on
account of any and all damage to LESSEE'S business and any costs or expenses incurred by
LESSEE in moving/removing its equipment, personal property, and leasehold improvements.
31. INTENTIONALLY OMITTED.
32. APPLICABLE LAWS. LESSEE shall, in respect to the condition of the Premises
and at LESSEE'S sole cost and expense, comply with (a) all Laws relating solely to LESSEE'S
specific and unique nature of use of the Premises (other than general office use); and (b) all
building codes requiring modifications to the Premises due to the improvements being made by
LESSEE in the Premises.
33. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
34. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands the day and year below
written.
LESSOR:
City of Columbi Heights,
a Minnesota m icipal corp`oratio ~
B~±,.~ . ., . ~ .(
Gary Peterson
Its: Mayor
By: ~~~
Walter R. Fehs '
Its: City Manager
Date:
LESSEE:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By:
Beth Ann Drohan
Its: Midwest Area Vice President -Network
Date: ~L.~
Acknowledgments on following page
MINC Columbia Heights
Land Lease Agreement
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g
ACKNOWLEDGMENTS
LESSOR ACKNOWLEDGMENT
STATE OF MINNESOTA
ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me on v ~1. ~~ , 2008, by _ Gary
Peterson, the Mayor and Walter R. Fehst, the City Manager for the City of Columbia Heights, a
Minnesota municipal corporation, on behalf of the corporation.
G'~ Y V
gnature of Person Taking Acknowled ent
Seal, if any) 1 ~
Title or
Serial Number, if any
LESSEE ACKNOWLEDGMENT
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
On this ~ay of , 200 O, before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Midwest Area Vice President -Network of Verizon Wireless
VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is
authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOTARY °
OFFICIAI SEAL"
Pia"° LATC~NYA N ELLIS
STATE OF
Girro~s COMMI5510N ~J(PIRES 02/03/09
c~-
or Type N me:
otary Public in and for the State of Illinois
My appointment expires:
M1NC Columbia Heights
Land Lease Agreement
1120629v2
Exhibit "A"
Legal Description)Page 1 of 2
Lots 18 to 31 inclusive, Block 84, Columbia Heights Annex to Minneapolis, Anoka County,
Minnesota; and
Lots 9 to 18 inclusive, Block 88, except the South 63 feet of Lots 9 to 18; Columbia Heights
Annex to Minneapolis, Anoka County, Minnesota; and
Lots 6 and 7, Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and
Lot 8, Block 88, except the South 63 feet of the West 10.5 feet, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
Together with all that part of vacated 38th Avenue N.E. from the extended west line of Lot 18,
Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota to a line parallel
with and 15 feet west of the west line of Lot 5, Block 88, as evidenced in Ordinance No. 786,
filed as Document No. 369794, Columbia Heights Annex to Minneapolis, Anoka County,
Minnesota.
MINC Columbia Heights
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10
Exhibit "A"
Sketch of Premises)Page 2 of 2
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MINC Columbia Heights
Land Lease Agreement
1120629v2
DRAFTED BY
AND RETURN TO:
Moss & Barnett (JDL)
4800 Wells Fargo Building
90 South Seventh Street
Minneapolis, MN 55402-4129
Site Name: MINC Columbia Heights)
Prepared by Carol J. Yerks Telephone No. (612) 877-5314)
Space above this line for Recorder's use.)
MEMORANDUM OF LAND LEASE AGREEMENT
THIS MEMORANDUM OF LAND LEASE AGREEMENT is made this a`~- day
of `~~_ _e , 200 ~ between City of Columbia Heights, a Minnesota municipal corporation,
with a mailing address of 637 38th Avenue Northeast, Columbia Heights, Minnesota 55421,
hereinafter collectively referred to as ("LESSOR"), and Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless, with its address for notice located at 180 Washington Valley Road,
Bedminster, New Jersey 07921, hereinafter referred to as ("LESSEE"). LESSOR and LESSEE
are at times collectively referred to hereinafter as the "Parties" or individually as the "Party".
LESSOR and LESSEE entered into a Land Lease Agreement (the "Agreement") on
9 `~, 200, for an initial term of five (5) years, commencing on the
Commencement Date. The Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE terminates it at the end of the then current
term by giving LESSOR written notice of the intent to terminate at least six (6) months
prior to the end of the then current term. If at the end of the fourth (4th) five (5) year
extension term the Agreement has not been terminated by either Party by giving to the
other written notice of an intention to terminate it at least three (3) months prior to the
end of such term, the Agreement shall continue in force upon the same covenants, terms
and conditions for a further term of five (5) years and for five (5) year terms thereafter
until terminated by either Party by giving to the other written notice of its intention to so
terminate at least three (3) months prior to the end of such term.
MINC Columbia Heights
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2. Pursuant to the Agreement, LESSOR leased to LESSEE a portion of that certain parcel of
property (the entirety of LESSOR's property is referred to hereinafter as the "Property")
located at 637 38th Avenue Northeast, in the City of Columbia Heights, County of Anoka,
State of Minnesota and being legally described on Exhibit "A", together with the non-
exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a
day, on foot or motor vehicle, including trucks, and for the installation and maintenance
of utility wires, poles, cables, conduits, and pipes over, under, or along aright-of--way
extending from the nearest public right-of--way, Madison Street Northeast, to the demised
premises. The demised premises and right-of--way are referred herein as the "Premises."
The initial term shall commence on June 1, 2008, or the first day of the month following
the date LESSEE commences installation of the equipment on the Premises, whichever
occurs first (either the "Commencement Date").
4. LESSEE has a limited right of first refusal to purchase the Premises during the initial
term and all renewal terms of the Agreement.
The terms, covenants and provisions of the Agreement, the terms of which are hereby
incorporated by reference into this Memorandum, shall extend to and be binding upon the
respective executors, administrators, heirs, successors and assigns of LESSOR and
LESSEE.
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and LESSEE
have caused this Memorandum to be duly executed on the date written herein below.
LESSOR:
City of Columbia Heights, ~ -
a Minnesota munie~pal corporatr,on ~.~
iC ~~ % ,
Gary Peterson
Its: Mayor
By: / ~
Walter R. Feh t
Its: City Man
Date: o~
LESSEE:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By:
et rohan
Its: Midwest Area Vice President -Network
Date: 0
MINC Columbia Heights
Memorandum of Land Lease Agreement
1120625v2
2
ACKNOWLEDGMENTS
LESSOR ACKNOWLEDGMENT
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me on / r; ~ ,~ , 2008, by _ Gary
Peterson, the Mayor and Walter R. Fehst, the City Manager f • the City of Columbia Heights, a
Minnesota municipal corporation, on behalf of the corporation.
r t.
Signature of Person Taking Acknowle ent
Seal, if any) ~ ~~
Title rank
Serial Number, if any
LESSEE ACKNOWLEDGMENT
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
On this ~~ay of ~c~-~...-~~ , 200 before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Midwest Area Vice President -Network of Verizon Wireless
VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is
authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOTARY "OFFICIAL SEAL"
PU8C1°
L0.TG~N~~'A N ELLISSTATEOF
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COMMI5510zti+ EXP12C5 02/03/09
MINC Columbia Heights
Memorandum of Land Lease Agreement
1120625v2
e-~tiu-
n or Type N me:
otary Public in and for the State of Illinois
My appointment expires:
Exhibit "A"
Legal Description)Page 1 of 1
Lots 18 to 31 inclusive, Block 84, Columbia Heights Annex to Minneapolis, Anoka County,
Minnesota; and
Lots 9 to 18 inclusive, Block 88, except the South 63 feet of Lots 9 to 18; Columbia Heights
Annex to Minneapolis, Anoka County, Minnesota; and
Lots 6 and 7, Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota;
and
Lot 8, Block 88, except the South 63 feet of the West 10.5 feet, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
Together with all that part of vacated 38`h Avenue N.E. from the extended west line of Lot 18,
Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota to a line parallel
with and 15 feet west of the west line of Lot 5, Block 88, as evidenced in Ordinance No. 786,
filed as Document No. 369794, Columbia Heights Annex to Minneapolis, Anoka County,
Minnesota.
Abstract Property.
MINC Columbia Heights
Memorandum of Land Lease Agreement
120625v2
UELL CON, LILTING, IN
2324 University Avenue West, Suite 200 --'`~VF~-e Acquisition
PermittingSaintPaul( 51) 225 0792
114-1854 ~(/~ (
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Est. i99i
Fax (651) 225-0795 ~VQ(~`+ ~~
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VIA Federal Express
Transmittal Memorandum
DATE: July 1, 2008
TO: Kevin Hansen
Director of Public Works
City of Columbia Heights
637 38t~' Avenue NE
Columbia Heights, MN 55421
Phone: 763-706-3705
FROM: Dave Fischer
Verizon Wireless Site Acquisition Specialist
Phone: 651-225-0784
RE: MINC Columbia Heights
Fully Executed Land Lease Agreement
Dear
Please find (1) fully executed original Land Lease Agreements and (1) fully executed Memo of Land
Lease Agreement for your records.
Thanks for your assistance and feel free to call if you have any questions.
Sincerely,
Dave Fischer