HomeMy WebLinkAboutVerizon Wireless Tower Lease RESOLUTION 2022-521
ADOPTED DOC ID: 18189
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2022-521 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 21,2022:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A.Russell to execute the First Amendment to Tower Lease Agreement
between the Town of Southold and New York SMSA Limited Partnership, d/b/a Verizion
Wireless, ,in connection with the Lease of Tower located at 41450 Main RD,Peconic,NY
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa,Doroski,Mealy, Doherty, Evans, Russell
AMATO 666 OLD COUNTRY ROAD, 9'"FLOOR
GARDEN CITY, NY 11530
LAW GROUP, P L L C TEL: 516.227.6363 1 FAX: 516.227.6367
February 1, 2023
VIA FEDERAL EXPRESS
Town of Southold
Town Hall Annex
54375 Route 25
Southold,New York 11971
Attention:Melissa Mirabelli
Re: First Amendment to Tower Lease Agreement between Town of Southold and New York
SMSA Limited Partnership d/b/a Verizon Wireless regarding the communication facility
located at 41450 Main Road,Peconic,New York
NYSMSA Site Reference:NY-Peconic/Our File No. 100-2186
Dear Melissa:
In connection with the above referenced matter, enclosed herewith please find one (1) duplicate
original fully executed First Amendment to Tower Lease Agreement.
Please let me know if you have any questions.
Thank you.
c ,
Cr ' n n
czon' matofirm.com
Enclosure
cc: Kevin Malady(via e-mail w/o enclosures)
FIEOEIVE®
FEB 3 2023
"town Att®rn9y's®fflce
405 LEXINGTON AVENUE I CHRYSLER BUILDING,26TH FLOOR NEW YORK,NY 10174 1 212.485.6000
402 MAIN STREET I SUITE 204 1 METUCHEN,NJ 08840 1 732.317.1511
Y
SITE NAME: NY-PECONIC FEB 3 A23
SITE NUMBER:
ATTY/DATE: ALG-3.21.22 Town A�, 3r jmyls Office
FIRST AMENDMENT TO TOWER LEASE AGREEMENT
THIS FIRST AMENDMENT TO TO R LEASE AGREEMENT (this
"Amendment"), made this� day oft w , 20213between TOWN OF SOUTHOLD,
with its principal offices located at c/o Town of Sout old,Town Hall,53095 Main Street, Southold,
New York 11971 (hereinafter designated "LESSOR") and NEW YORK SMSA LIMITED
PARTNERSHIP, d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop
4AW100, Basking Ridge,New Jersey 07920 (hereinafter designated "LESSEE"). All capitalized
terms used herein shall have the same meaning as set forth in the Lease (as hereinafter defined),
unless expressly set forth herein.
WITNESSETH:
WHEREAS, LESSOR is the owner of certain real property known as and located
at 41450 Main Road,Peconic,New York, as shown on the Tax Map of the Suffolk County Clerk's
Office as District 1000, Section 75, Block 5, Lot 014.001, and the tower (the "Tower") situated
thereupon(hereinafter collectively referred to as the"Lessor's Property"); and
WHEREAS,LESSOR and LESSEE entered into a certain Tower Lease Agreement,
dated April 29, 1998 (the "Lease"), whereby LESSOR leased to LESSEE certain space on the
Tower, together with certain space on Lessor's Property for the purpose of constructing, operating
and maintaining a communication facility(the"Communication Facility"); and
WHEREAS,the Lease is due to expire on November 30,2023;
WHEREAS, LESSOR and LESSEE desire to extend the term of the Lease and to
amend the Lease on the terms and conditions set forth herein.
NOW,THEREFORE,in consideration of the covenants set forth herein, and other
good and valuable consideration,the receipt of which is hereby acknowledged,the parties agree as
follows:
1. The Lease shall be extended for an additional period of five(5)years(hereinafter the"Initial
Extended Lease Term") commencing December 1, 2023 (the"Renewal Commencement Date"), at which
time rental payments will be due at an annual rental of$28,200.00,to be paid in equal monthly installments
of$2,350.00.
2. The Lease shall thereafter be extended automatically for four(4) additional five(5)year
terms (each an "Additional Extended Lease Term"), unless LESSEE terminates it at the end of the then
current term by giving LESSOR written notice of the intent to terminate at least thirty(30) days prior to
the end of the then current term.
3. The annual rental for the first(11t) year of the Initial Extended Lease Term shall be as set
forth above. The annual rental for each year of the Initial Extended Lease Term after the first(1St)year of
1
SITE NAME: NY- PECONIC
SITE NUMBER:
ATTY/DATE: ALG-3.21.22
the Initial Extended Lease Term, and-each year of the Additional Extended Lease Terms, shall be equal to
102% of the annual rental payable during the immediately preceding year. All of the foregoing shall be
paid in equal monthly installments.
4. As of the Renewal Commencement Date Section 7 of the Lease shall be deleted in its
entirety and replaced with the following:
"If at the end of the fourth (41) Additional Extended Lease Term the
Agreement has not been terminated by either party giving written notice
to the other of its intention to terminate 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 giving written
notice to the other of its intention to so terminate at least three(3)months
prior to the end of such term. The annual rental for each year of any such
extension term shall be equal to 102% of the annual rental payable during
the immediately preceding year,payable in equal monthly installments."
5. LESSEE's notice addresses set forth under Paragraph 24 of the Lease shall be
deleted in their entirety and replaced with the following:
If to LESSEE: New York SMSA Limited Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster,New Jersey 07921
Attention:Network Real Estate
6. Except as amended hereby, .the terms and conditions of the Lease shall remain in
full force and effect.
7. This Amendment and its terms shall be effective as of the date of full execution by
both parties. Each of the parties hereto warrants to the other that the person or persons executing
this Amendment on behalf of such party has the full right, power and authority to-enter into and
execute this Amendment on such party's behalf and that no consent from any other person or entity
is necessary as a condition precedent to the legal effect of this Amendment.
8. The parties acknowledge that each has had an opportunity to review and negotiate
this Amendment and have executed this Amendment only after such review and negotiation. The
parties further agree that this Amendment shall be deemed to have been drafted by both LESSOR
and LESSEE,and the terms and conditions contained herein shall not be construed any more strictly
against one party or the other.
9. To the extent any provision of the Lease conflicts with the terms of this Amendment,
the terms of this Amendment shall be deemed controlling.
2
SITE NAME: NY-PECONIC
SITE NUMBER:
ATTY/DATE: ALG-3.21.22
10. This Amendment shall inure to the benefit of and be binding upon the heirs,
executors, administrators, successors, and permitted assigns hereto.
11. In the event that any one or more of the provisions contained in this Amendment
shall be held invalid,illegal, or unenforceable in any respect,the validity, legality or enforceability
of the remaining provisions contained herein shall not,in any way, be affected or impaired.
12. This Amendment shall be construed, interpreted and governed by the laws of the
State of New York.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY.
3
SITE NAME: NY-PECONIC
SITE NUMBER:
ATTY/DATE: ALG- 3.21.22
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the first date above written.
LESSOR:
TOWN OF SOUTHOLD
a
By: � '
Wi NESS Name:x044 �RU5se-l 1
Title:SdxKf i Svc/
Date: (Q (a3
LESSEE:
NEW YORK SMSA LIMITED PA ERSHIP
d/b/a VERIZON WIRELESS
By: Cellco Partnership, its eral Partner
By:
WITNESS Name: Rommel Angeles
Title: Dir ctor-Network Feld Engineering
,.
Date:
4
SITE NAME: NY-PECONIC
SITE NUMBBR:
ATTY/DATE: ASG-3.21.22
FIRST AMENDMENT TO TOYER LEASE AGREE,NZNT
THIS FIRST AMENDMENT TO TOWER LEASE AGREEMENT (this
"Amendment'), made thiQq day of Y , 20213, between TOWN OP SOUTHOLD,
with its principal offices located at c/o Town of Soiit old,Town flail,53095 Main Street,Southold,
New York 11971 (hereinafter designated "LESSOR") and NEW YORK SMSA LIMITED
PARTNERSHIP,d/b/a Verizon Wireless with its principal offices at One Verizon Way,Mail Stop
4A,W100, Basking Ridge,New Jersey 07920(hereinafter designated"LESSEE"). All capitalized
terms used herein shall have the same meaning as set forth in the Lease(as hereinafter defined),
unless expressly set foib.herein.
WITNESS TI-1:
WHEREAS,LESSOR is the owner of certain teal property known as and located
at 41450 Main Road,Pecoi ic,New York,as shown on the Tax Map of the Suffolk County Clerk's
Office as District 1000, Section 75, Block 5, Lot 014.001, and the tower (the "Tovver") situated
themupou(hereinafter collectively referred to as the"Lessor's Property");and
WHV,REAS,LESSOR and LESSEE entered into a eertainTowerLease Agieetnent,
dated April 29, 1998 (the "Lease% whereby LESSOR leased to LESSEE certain space on the
Tower,together with certain space on Lessor's Property for the purpose of constructing,operating
and maintaining a communication facility(the"Comic iication Facility");and
WHEIRE AS,the Lease is due to expire on November 3 0,2023;
WHEREAS, LESSOR and LESSEE desire to extend the term of the Lease and to
amend the Lease on the terms and conditions set forth herein.
NOW,THE,REFORE,in consideration of the covenants set forth.herein,and other
good and valuable consideration,the receipt of which is hereby acknowledged,the parties agree as
follows:
1. The Lease stiall be extended for an additional pei iod of five(5)years(hereinafter the"Initial
Extended Lease Term")commencing December 1,2023 (the"Renewal Commencement Date"), at which
tune rental payments will be due at an annual Cental o€$28,200.00,to be paid inequal monthly installments
of$2,350.00.
2. The Lease shall (lieteafter be extended automatically for four(4)additional five(5)year
terms (each an "Additional Extended Lease Teun"), unless LESSEE terminates it at the end of the then
current term by giving LESSOR written notice of the intent to tei urinate at least thirty(30)days prior to
Clio end of the then cpuent tet ni
3. The annual tental for the first(111)year of the Initial Extended Lease Terni shall be as set
forth above The annual rental for each yeas of the Initial Extended Lease Teim atter the firs((I")year of
1
SITE NAME: NY-PECONIC
SITE NUMBER:
ATTY/DATF: ALG-3.21.22
the Initial Extended Lease Tenn,and each year of the Additional Extended Lease Terms,shall be equal to
102%of the annual cental payable duttng the immediately preceding year All of die foregoing shall be.
paid in equal monthly installments.
4 As of the Renewal Contmencenient Date Section 7 of the Lease shall be deleted in its
entirety and replaced with the follo%ving:
"If at the end of the fotnth (41t) Additional Extended Lease Teem the
Agieemcnt has not been terminated by either party giving written notice
to the other of its intention to terminate at least three(3)months pdor to
the end of such tei m,the Agreement shall continue in force upon the same
covenants,terms and conditions Sot a further term of five(5)years and for
five(5)year terms thereafter until terminated by either pal ty giving wt itten
notice to the other of its intention to so terminate at least three(3)months
prior to the end of such term. The annual rental for each year of any such
extension tenni shall be equal to 102%of the annual?ental payable during
the immediately preceding year,payable to equal monthly installments"
S. LESSEE's notice addresses set forth under Patagiaph 24 of the Lease shall be
deleted in their entirely and replaced with the following:
If to LESSEE: New York SMSA Limited Pattnecship
d/b/a Verizon Wifeless
1.80 Washington Valley Road
Bedminster,New Jersey 07921
Attention:Network Real Estate
ti. Except as amended hereby,the terms and conditions of the Lease shall remain in
full force and effect.
7. This An-iendrnent and its teams shall be effective as of the date of full execution by
both parties. Each of the parties hereto warrants to the other that the person or persons executing
this Amendment on behalf of such patty has the full right, power and authority to enter into and
execute this Aniendiuent on such party's behalf and that no consent h om any other person or entity
is necessaty as a condition precedent to the legal effect of this Ainneindnnent.
8. The parties acknowledge that each has had an opportunity to review and negotiate
this Amendment and have executed this Amendment only after such review and negotiation. The
parties fuither agree that this Amendment shall be deemed to have been drafted by both LESSOR
and LESSEE,and the terms and conditions contained herein shall not be construed any more strictly
against one party or the other.
9. To the extent any provision of the Lease conflicts with the ternns of this Amendment,
the terms of this Amendment shall be deemed-controlling.
2
SITE NAME: NY--PECONIC
SITE NUMBER:
ATTY/AAT V-: ALG-3.21.22
10. This Amendment shall inure to the benefit of and be binding upon the liens,
executors,admir3isttators,successors,and peimitted assigns,hereto.
11. 1.n the event that any one or more of the provisions contained in this Amendment
shall be held invalid,illegal,or unenforceable in any respect,tine validity,legality or enforceability
of the remaining provisions contained herein shall not,in any way,be affected or impaired.
12, This Amendment shall be construed,interpreted and governed by the laws of tine
State of New York.
REMAINDER OF PAGE LEFT)BLANK INTENTIONALLY.
3
SITE NAME: NY--PECONIC
SITE NUMBER:
ATTY/DATE: ALG-3.21.22
IN WITNESS WHEREOF,the patties Hereto have caused this Amendment to be
executed as of the first date above written.
LESSOR.-
TOWN OF SOUTHOLD
f
By.-
Nan ic:S
y:Nanic:5 049iZU SSe-1
Title:Sk,\- , \11 Sod"
Date:_ _6 1 Q.31aa
LE SSE,
NEW TORIC SMSA LIMITED PARTNERSHIP
d/b/a VERIZON WIRELESS
By:Cclleo Partnership,its General Partner
By:
WITNESS Name: // Rommel Angeles
Title: Direclor-Network Field Engineering
Date: 1,2
4
y�N z�
;h e
z JAN 2 7 2023
Sau4h0ld I'OM3 Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: January 26, 2023
Subject: Lease Agreement Verizon Wireless
With respect to the above-referenced matter, I am enclosing the original Agreement
together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call me.
Thank you.
/mm
Enclosures
cc: accounting