HomeMy WebLinkAboutSPRINT Spectrum L.P.ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
;FREEDOM OF INFORMATION OFFICER
Town I{all, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax ~516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
IS TO
HELD ON MARCH 31. 1998:
THE 'FOLLOWING RESOLUTION WAS DULy.
TOWN BOARD AT A REGULAR MEETING
RESOLVED that the Town Board of the Town of Southold hereby
· $
authomze and directs Supervisor Jean W. Cochran to execute a lease
agreemen[ between Sprint Spectrum L.P. of Mahwah, New Jersey and
the Town of Southold for the installation of a 1J~0 foot monopole, removal
of old existing 90 foot lattice tower, and placement of Police
Department's antennas on the new structure, at Police Department Site,
Main Road, Peconic, at a rental fee of $2,000.00 per month, for a term of
twenty five (25) years with a 3% increase per annum, all in accordance
with the approval of the Town Attorney.
Southold Town Clerk
March 31, 1998
Lynne Lorimer
Site Acquisition
Consultant
Sprint PCS'
Crossroads Corporate Center
1 International Blvd.,S~ite 800
Mahwah, New Jersey 07495
Telephone: 201 512 4703
Fax: 201 512 4715
Sit~.Neme PECONIC
PCSSITE AGR. E'EMEI~IT
Site L D,
March-97
17681
1. premises and Use. Owner leases to¢,Sp~t~:~t[~h~h[~E a Delaware
limited partneJ'ship ( SSLP"L the site ("Site') descri~ ~1(~-~:
[Check appropriate box(es)]
X Land consisting of approximately 100' socare feet upon which SSLP will
construct a f40' m~oeapole. After the monapole S constructed SSLP will
reheard the oMLe×iSfing 90' lattice tower and peace the police departments
antennas on the'~e,v structure, Upon completion of the monopele by SSLP,
the monopote w~li become property of the Town of SouthOld.
X Building inter]or b~sement seace consisting of approximately 200' s~uare
feet:
[3 Building axle'flor, space for attachment of antennas:
~ Building exteriorspace for placement of base station equ~pmenu
E] Tower ame~na space bet~vsen me foot and foot level on the
~ower;
X Space required far cable runs to connect PCS equipment and antennas
fn the location($)("Site':) shown on Exhibk A, together with a 3on-exclusive
easement for r,,e~spnable access thereto and to the appropriate, tn th~
discretion of S~J.P, ¢ource of electric and telephone facilities. The Site will be
used by SSLF~ Scar ~he purpose of instelling~ removing, replasing, moditying,
ma staining an~.opersting, at its expense, a personal communications service
system facility ~PC;~'), including, without llmlt~lon, antenna equipment, cable
wiring, reiat~d',~x~ta~'es and, if applicable to the Site, aa antenna structure.
SSLP will use,~i~ ~i[~ in a mai~ne~ Which will not unreaseaably disturb the
occupancy'cf 0wn~r's other teaanis. SSLP will have access te the Site
twenty-four (~24~i[h~)t~rs per day, seven (7) days per week_
2. Term. The term of this Agreement (the "lnihal Term"/ is five years,
commencing on the date "Commencement Date") both SSLP and Owner
have execut~d~is ~gre~fent. Th's Agreerr{ent will.be~autom~fical[y renewed
for four addition~il t~,?s (~each a Renewal Term ) of five years each, untess
SSLP provide,s ~wr)&r notice of intention net to renew not less than 90 days
3riot to the ex¢ir"'¢tio~ of the Initial Term or any Renewal Term.
3. Rent Rent wi be paid in equal monthly installments of
$ $2,000.00! funfil increased as set forth herein), partial
months to be prp. ratffe, in advance. Rent for each Renewal Term will be the
annual rent in effect for the final year of the Initial Term or prior Renewal
Term as £he case may be, ~ncreaead by three percent
~3___%)~ Re~nt will begin immediately upon ful-t execution of the lease.
Building will alsd~egin upon complete lease execution.
4. Title and Qqiet Possession. Owner represents and agrees (a) that it is
[he Owner of thee S~te' (bi that it has'the right to enter into this Agreement;
(c) that the peri,id ~ig'ning this Agreement has the authority to sign; (d that
SSLP is entitledlte ~acoess to the Site at all times and te the quiet possession
of the Site thre[Jghout the Initial Ternt and each Renewal Term so cog as
SSLP is not in ~efa~lt beyond the expiration of any cure pedod; and fei that
Owner will not h~va pnsupervised access to the PCS equipment.
5. Assignmeni~Sub, letting. SSLP may assign o~' transfer this Agreement or
sublet all or any~ ilortfon of the Site withe0t the pdor wfitten =onsent of Owner,
6. Notices. Air,notices must be in writing aaa are effective omy when
deposited in the1 U.~S. mail, certified and po~Tsge prepaid, or when sent via
overnight delivery, t(~ the address set forth below, or as otherwise required by
law.
7 mprovements. SSLP may at As expense, make such improvements on
he S te as it deems necessary from time to hme for the operahon of the PCS
system. Upor~ term~nahce or explret[on of th~s Agreement, SSLP may
remove ts edd~pm~nt and [morovements and will restore the Site to
substantially the condition existing on the Commencement Date except for
ordinary wear sad tear and casualty lass. if the town of Southoid requests
SSLP to remove the monapole, SSLP will do se, otherw]se the menopo~e WH~
remain for the town t~3 continue to utilize for it's owr purpose.
8. Compliance i with Laws. Owner represents [hat Owner's property
fincuding the Ste), and all improvements located thereon are n substant at
~ompli nce withI building, life/safety, disability and other taws, codes and
~gulstions of applicable governmental authorities. SSLP will substantially
pomply with all applicable laws relating to its cossession and use of the Site.
I. tntorference_SSLP will resolve technical interference problems with other
.quipment located a~ the Site on the Commencement Date or any equipment
hat becomes at[achbd to the Site at any future date when SSLP desires to
[dd additional equipment to the Site. Likewise, Owner will not permit or suffer
he installation [of any future equipment which (a) results in technical
~terference problems with SSLP's then existing equipment or (bi encroaches
Into the Site.
0. Utilities. Owner represents that utilities adequate for SSLP's use of the
~ite are available. SSLP will pay for all utilltiea usaa by ~t at the Site. Owner
will cooperate with SSLP in SSLP's efforts to obtain utilities from any location
provided by Owner or the servicing utility, including signing any easement or
other instrument reasonably required by the utility company.
11. Termination. SSLP may terminate this Agreement at any time by notice
to Owner without furthe~ liability ~,, SSLP does not obtain all 3arm[ts or other
approvals (collectively, ~pproval ) req;ufred from any governmental authortty
or any easements re(~uired from aay third patty to. opere~e t~e PCS system, or
if any such approval i,& canceled, expires or is` withdrawn or terminated, Or if
Owner fails to have proper awner~hil~ of'the Site ~ authority tO enter into this
Agreement or if SSLP, for any 0th'er reason, in its ~ole discretion detettaines
12. Default. If either party is fed, ef~ult Ende~ this Agreement (or a ped~od of
(a) I'0 ~lays follO,~,,f~ rece(pt"of ~c~ from,~e' ~d-~d~efaulfing Party with
the defa~ft.
13~ Indemnity. Owner and SSLP each indemnifiee ~e~ other again, st and-
holds the other I~artn]ass fi;om a. ny and all costs, ~n~l,~rLg ma¢~nable
attorneys ~'ees ~,~1 ~iitY ~ oss ~Nh ch~_ar~o~t~of'.th~ ~Wn~[shJp,
use and/or ~ccu~J~, o( {~e Sit?by the, Ipdern~l~[rf~,,per~, Th,s~ [nderoraty
does not ~p~)ly to ~,~y c a~s! arising from tee sdle nagtig'e~e or [ntedttpcal
m~scedddct ef the l.ademn~fie~ party. The mdemnay b,b ~gatfeas under th~s
Paregraoh will su'n/i~¢~ termin~idn bf this AgreemenL
14. Haz~dous SulSstan~es: Owner represents that ithas no Know~eage of
any substajnce, CbFrnicel Or w~ast-e (,coitectiyel¥~ "SubstanceS) on the Site that
15. Subordi~ati0n a~, d' N,~r-Distu~barme. ThisAgrsement is subordinate to
any martgag~ or ~?~ Ofitr~st now o;f record agairis~ the Site. However,
16. TaXeS.; $SI;P;~ be responsible for payment of aH, personal property
taxes asse .s~ed :~?~c~l~, up<~n aqd arising isolely~'fr0rb its use of the
commup ~i~ns ¢a¢~ ap the[ Site. S~LP wilt ;pay t~O~!vr)er any increase [n
.... s x ..... . ... recept of sat~fac~ry dcoumentabon
of me rea! e~t?.t~ ~xe~ Dy Obvhar.,OWner will pay ~)hen~'~ue all :other real
estate Pa.~es ahd~s.~issthents ~i~ril~utab]e to the propa~v ~f Owner of which
the Site isa ~art. '
17. Insurance, S~ _P will procure and maintain commercial general liability
insurance,' with ~ :s of not less thFn $3 O00 000 co, bleed single limit per
occurrence for ~c :fily injury and pr0per[y damage liability. Sprint will
additionally p(0vi a.ceilificete of insurance to be furmshed to Owner within
30 days evidbnd such coverage Landlord shall De named as aadificoa
insured on s~ch W. Such pct[cy will provide that cancellation will not
occur wl~heu{ at ;t 15 days prior written notice to Owner. Eac? party
hereby waives it~
3t, of recevery against the o[har fo~ aW loss or damage
covered by any {ance policies maintained by the waiving ,party. Each
party will' cause h i!]surance policy obtained by it to pre¢,de' tha~ the
insurance, co~paf w~iv, ea ail rights of recovery against t~e other pady in
connection with a~l Jam~ge covered by such 3ellcy.
18. Maintenance. ~SLP will be responsible for {epaidag and maintaining the
PCS system And ;'~ other improvements installed by SSLP at the S fe in a
proper operating ~J~re, a~onab y sara cond'tioo' prov'ded however' 'f any such
repair or maf@{en~t:ff· is~ requ;~red due to the acts of Owner, ~t~ agents or
employees O~e~,~ rb mburse S~SLP for the reasenab e costs ncurred by
SSL to re~tere{~e damaged areas to the condition which exated
immediately p¥'o~ ~¢~1:~o~ Owner will maintain and repair, all othe~ pertiona of
the property df W~]6h the Site is a Dart in a eroeer ocerating and reasonably
safe cond rich_
'19. Miscellaneouei (a) This Agreement aaplies to ane binds the heirs
successors, execut~)r~ administrators and assigns of the part~e~ rte this
',~. :'.;i~.~ ~ :,c.~':.'.1. ;. - r:.*;u?,.'t:,' :'. :;,.; P. Owner agrees promptly to
~.~..:u ,'..~i.l:: ,...; :.r,i :,~. S~;'.? r. ',~:L ~.~:.':.; ~.'. ,~loPE~ndum of th~s Ag~-e~meFrt ir]
~ .,~,~ r. · ,:.~ x' .:i~ ~' .::. T" ~. ;,;~. '::,,':,,. ': :: uding the Exhibits~ constitutes
-'., --~ :.:.:.~,.. ~-" - ...'=.=, ~ . :.~'. .,.~: .;'.. ,;uperee~es ali prior written and
by both ~atties; (e) if any provision of this Agreement is invalid or
unenforbe~le with tespec'[ to any party, the remainder of this Agreement or
the acolicafion of such provision to persons other than those as to whom it is
held invalid, or unenforceable will not be affected and each provision of this
Agreemen~c~vili be valid and enforceable to the fullest extent permitted by law:
and (f) T~ prgv, ai[ing party in any action or proceeding in court or mutua]]y
.agreed upb~ arbitration proceeding to enforce the terms of this Agreement is
enforoeme~ co,ts and expenses from the non-prevailing party.
The folloW~ng Exhibits are attached to and made a part of this
Agreemen~ E×hibitA ~ and '*~"
S.S./Tax No.:
See Exhibit A1 for continuation of Owner signatures
Address: Town Hall: 5~09~ Main Road
Sou~hol,d,: Ne~ Yorl( 11971
Date: April 2. 1998
SPI~ ,~T S~EC.T,F~¢.P., a D~ted partnership
f_
Its: ~/C.,~/~I /~.lj~ /~ ~ ~
Address: - ~.~ ~:~
Attach Exhibit A - Site Description and Exhibit B - Memorandum. of PCS Site Agreement
Version 3
Site situated in the Cit-y'of ~.~'0
COmm0nly described as follows:
EXHIBIT A
Site Descripti6n
, County of .~-,~ z_/<
Sketch of 'Site:
Site I. D.
, State of
March 97
.17
bwner Initials
SSLP Initials
ore Owner and SSLP may, at SSLP s opt on, replace th s Exhibit with an exh b t sett ng forth the ega description of the property on which the Site is
located and/or an as-built drawing depicting the Site.
*[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.]
ve~e~ 3
EXHiBiT B
Memorandum of PCS Siie Agreement
Continuation of Owner Signatures
Site I. D.
March 97
/~ g~/
"OWNER":
By:
Its:
S.SJTa× No.:
Its:
S.SJTax No.:
By:
Its:
S.S.FEax No.:
By:
Its:
S.S./Tax No.:
By: ~
Its:
S.S./Tax No,:
By: ~
Its:
S.S,[Tax No.:
Owner Initia~
SSLP Initials
OWNE~ N~RY BLOCK:
STATE OF NOW York
COUNTY OF Suffolk
The foregoing instrume~,t was acknowledged before me this 2nd
[] by I~,~n W_ E'.~h'r'~n , I-I by
of the T~w~'. ~:~a~h~li:l , a Municipality
by , partner (or agent) on behalf of
(AFFIX NOTARIAL SEAL)
day of April
, as
corooration, on behalf Of the corporation.
, a partnership.
(OFFI~ NOT;~Y SIGNATUP;E) ('
NOTARY PUBLIC--STATE OF Ne~ York'
COMMISSION NUMBER:
,19 98,
STATE; OF
COUNTY OF
The foregoing instrument was acknowledged before me this
~by ,[~by
of , a
by , partner (or agent) on behalf of
day of ,19
, as
corporation, on behalf of the corporation,
, a partnership.
(AFFIX NOTARIAL SEAL)
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBUC--STATE OF
My commission exp{res:
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER:
SPRINT SPECTRUM NOTARY BLOCK
STATE OF NEW JERSEY )
: SS
COUNTY OF BERGEN }
I CERTIFY that. on th~s 9 day of April, 1998, Michael Guarriero personally appeared before me.
and this person stated under oath, to my satisfaction, that:.
this person is authorized to sign for the Implementation Manager - East for Sprint Spectrum,
a' De]aware limited partnership, The ]irnit~ed partnership named in the foregoing instrument
(b) this person was authorized to execute this instrument on behalf of the limited partnership; and
(c) th s person executed this instrument as the act of the limited, partnership.
Arthur Thompson. Notary, State of~evc'Jef.s-ey
Notary 2198191 _
My Commission Expires February~ 8] 200~
wrsio. 3 EXHIBIT B
Site Name ,/D,~ ~_ a,L, ~ c_ PCS Site Agreement
Memorandum of PCS Site Agreement
Site I. D.
March 97
17
lease was made and entered into by written pCS Site Agreement dated .April 1. 1998,
(~Owned~)~and Spdnt spectrum L.P., a Del'aware limited
~corporated herein by refe~enCe~
bY SSLP:
provides in part, that Owner leases to SSLP a certain site ("Site") located at
~ of Tow, n~rO~ SOuthold , ~ County of
· state ~ N~v~ Ynrl~ , within the property of Owner which is described' in Exhibit A
ights of access thereto and to elec[ric and telephone,facilities for a term of
19~which term is subje~ to four (4) additional five (5) year extension periods
iN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written,
"OWNER"
Name: .I;~'a~t W. Cochr~n
Title: Supervisor. Town of Southold
El See Exhibit B1 for continuation of Owner signatures
Address: ~n~thnl~! Town HaUl_ R30~5 Main Road
"SSLP"
Name: /~_/c__~'~ _~,~./2 ~/~ ~
Owner Initials (~--__~
SSLP initials
Attach Exhibit A - Site Descriptio~
EX'ISTING PARKING
EXISTING ~VE'~A¥
EXISTING ONE
STDRY ~UILDiNG
3ASEMENT
PRDPOScED SPR IHT --~?~,
=QU IPMENT
PROPOSED CABLE LADDER
E,X ISTENG GE~I~AT,DR~
--
FA-1
t
~k x:_ APPRDX LDCATI ON DF
\ PRI]PDSED 140' MONDPOLE
s' EXtSTi~ LAWN
EXISTING T[D/ER
!PROPOSED UN~ERGROUNd
EXISTING DRIVEWAY
EXISTING PARKING
h~PROPOSE3 6' CHAIN tiiNK FENCE
'~ SI: TE PLAN
~:..,~.~.../ SCALE: 1'=20'-0~
Herbst - PIusciano
~-ba'chitecL~Plmmcrs
~-~ T -ARM
~'~ALMONT M~NT
· m EX t STING
~k~ ~ REMOVE
~ /
~;i ~LDCATED
~ ANTENNAS
Ss_z~ G~NERATDR ~
IO REMAIN
SECTOR ANTENNAS
(TOTAL OF 6 ANTENNAS)
FUTURE ~PRINT ,
SECTOR ANTENNA
EL£V. 70'-0' AGL
~%--- PROP(]SED NEW YALMDNT
EXTENSION (TYP.)
PROPOSE-.0 NEW t40'-8'
MBNOPOLE
STORY 3ULDING
PROPQSED UNDERGROUND
COAX CABLES TD EXISTING
BUILDIN~
i
ELEVATiDN
SCALE: 1'= 20-0'
GRADE
i'--~, .......... Herbst-ffiusdano
'ECONIC POLICE TWN
& PECDNiC
D, NY
GM AS NOTED
LANI 2 0F2
~ B C D
ELEV. ,- 0-g AGL
"¥ T~P OF MONQPOLE
RELDCA TED /' l l
PD SECONDARY
ANTENNAS
NT ANTENNAg
PROPOSED NEW