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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