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Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604102 FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (WATER TOWER) This First Amendment to Communications Site Lease Agreement (Water Tower) (the “First Amendment”) is effective as of the last signature below (the “Effective Date”}, by and between City of Muskegon, a Michigan municipal corporation (“Lessor”), and SprintCom LLC (formerly a corporation), a Kansas limited liability company (“Lessee”) (each a “Party”, or collectively, the “Parties”). Lessor and Lessee (or their predecessors-in-interest) entered into that certain Communications Site Lease Agreement (Water Tower) dated November 14, 2000, (the “Lease”) regarding the leased premises (“Property”) located at 1596 Superior Street #2, Muskegon, MI 49442 (collectively, the “Premises”). 1, At the expiration of the current Term of the Lease, the term of the Lease will be extended for one additional ten (10) year term and will automatically renew for four (4) additional five (5) year terms, each included as a Renewal Term provided that Lessee may elect not to renew by providing Lessor at least thirty (30) days’ notice prior to the expiration of the then current Renewal Term. 2. At the commencement of the first Renewal Term provided for in this First Amendment, Lessee shall pay Lessor three thousand two hundred fifty and 50/100 Dollars ($3,250.50) per month as Rent by the fifth (5'*) day of each calendar month. Thereafter, on each anniversary of a Renewal Term, the Rent will increase by 3% over the Rent paid during the previous year, and every year thereafter. In addition to Rent, Lessee shall owe Lessor a one-time signing bonus of Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00) within 45 days of full execution of this First Amendment. 3. Commencing on full execution of this First Amendment, Lessee's obligation to pay Rent is guaranteed for a period of ten (10) years ("Rent Guarantee Period"). Lessee's obligation to pay Rent during the Rent Guarantee Period shall not be subject to offset by Lessee, unless any of the following exceptions apply: a) local, state or federal laws materially adversely affect Lessee 's ability to operate; b) the Property or the Antenna Facilities are damaged or destroyed by wind, fire or other casualty and the Property cannot be restored within a six (6)-month time period, then, In addition to the rights set forth herein, Rent will be abated for any period of time Lessee is not able to use the Property; c) the Premises is foreclosed upon and Lessee is unable to maintain its' tenancy; d) Lessor requires Lessee to relocate the Antenna Facilities at any cost to Lessee; or e) Lessor breaches the Lease and the default issue is not cured within the applicable cure period. This Rent guarantee shall not apply to any increases in the Rent, excluding any escalations set forth in the Lease, after the execution of this First Amendment and Lessee’s full termination rights under the Lease are in full force and effect. Upon expiration of the Rent Guarantee Period, Lessee has the right to terminate this Lease upon prior written notice to Lessor, for any or no reason, without further liability, MU04505.4. i TMO Signatory Level: L04/L05 NLG-404366 Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604102 Notwithstanding anything to the contrary in the Lease and as of the Effective Date of this First Amendment, the Property may be used for: (a) the transmission and reception of communication signals; and (b) upon notice to Lessor, the construction, installation, operation, maintenance, repair, addition, upgrading, removal or replacement of any and all Antenna Facilities (collectively, the “Permitted Uses”). As of the Effective Date of this First Amendment, Lessee has the right to install 12 antennas, as well as any antenna required for E911 purposes and/or for Lessee to keep its Lessee Facilities in compliance with all applicable laws and regulations as required in the Lease. Should Lessee increase the quantity of antennas beyond 12, then Lessee shall increase its monthly rental payment to Lessor by $325.00 for each additional antenna, Notwithstanding anything to the contrary in the Lease and as of the Effective Date of the First Amendment, Lessor shall be responsible for maintaining all portions of the Premises in good order and condition, including without limitation, plumbing, elevators, the roof and support structure, landscaping and common areas, as applicable. Lessee shall have the right to connect to and otherwise utilize any and all pre-existing utility related equipment, or alternatively, to construct, install, operate, maintain, repair, add, upgrade, remove or replace utility related equipment (collectively, the "Utility Facilities") located on or serving the Premises, which are either owned by or available to Lessor. Lessee shall be responsible for all utility charges for electricity, or any other utility service used by Lessee on the Property (the "Utility Charges”), Lessee may install separate meters or submeters for the utility usage of Lessee. The Parties will perform a true-up during the final month of each Lease year, whereby overpayment or underpayment of Utility Charges will be invoiced or credited by Lessor to Lessee within thirty (30) days of the true-up. a. Smart Submeter, Tenant may install a submeter that can be remotely managed and read (“Smart Submeter”), The Smart Submeter will be read on a regular/ quarterly basis and Tenant will be directly invoiced for its Utility Fees, with a copy provided to Landlord’s email address. Tenant will remit payment to the Landlord within thirty (30) days of receipt of the invoice. 8. Relocation. a) Landlord must provide Tenant at least six (6) months written notice of any repairs, maintenance or other work (the “Work”) during the Term of the Lease which would require the temporary relocation of the Antenna Facilities. Landlord agrees that the Work will not limit or interfere with Tenant’s Permitted Uses of the Premises. Landlord will not impose additional fees, considerations, or conditions upon Tenant. If necessary, in Tenant’s sole determination and expense, Tenant may elect to install a temporary communications facility (e.g. a “cell on wheels,” or “COW”) in another mutually agreeable location on the Property that provides Tenant coverage and service levels similar to those of the Antenna Facilities at the original location, while the MU04505A 2 TMO Signatory Level: LO4/L05 NLG-104366 Docusign Envelope ID: EB1F6320-27CF-~41BF-89D6-D04E81604 102 Work is being performed. Tenant shall have the right to reinstall its Antenna Facilities immediately upon the completion of the Work. Tenant or its designee shall have the right to accompany Landlord, its agents or contractors whenever the Work is being performed on the Premises. Notwithstanding anything to the contrary, Landlord shall not have the right to permanently relocate the Antenna Facilities except as set forth herein. b) If Landlord desires to redevelop, modify, remodel, or in any way alter its Property or any improvements thereon (“Redevelopment”), Landlord shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. If both parties to this Lease determine that the Redevelopment necessitates permanent relocation of the Antenna Facilities, Landlord shall have the right, subject to the following provisions of this section, to relocate the Antenna Facilities, or any part thereof, to an alternate location on the Property (the “Relocation Premises”), provided, however, that: (i) Landlord may only relocate Tenant once during the Lease; (ii) Landlord may only relocate Tenant after the Initial Term; (iii) Landlord must give Tenant at least twelve (12) months’ written notice prior to such relocation; (iv) such relocation shall be performed exclusively by Tenant or its agents; and (v) such relocation shall not limit or interfere with Tenant’s Permitted Uses of the Premises. Landlord shall exercise its relocation right by delivering written notice to Tenant pursuant to the Lease and shall identify in the notice the proposed Relocation Premises on the Property. 9, All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below. Lessor or Lessee may from time to time designate any other address for this purpose by providing written notice to the other Party. If to Lessee: If to Lessor: Sprint Property Services City of Muskegon Sprint Site ID: MU04505A 933 Terrace St., P.O. Box 536 Mailstop KSOPHD0101-Z2650 Muskegon, Michigan 49443-0536 6220 Sprint Parkway Overland Park, Kansas 66251-2650 MU045054 3 TMO Signatary Level: LO4/L.05 NLG-104366 Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604 102 With a copy to: Sprint Law Department Sprint Site ID: MUO04505A Attn.: Real Estate Attorney Mailstop KSOPHD0101-22020 6220 Sprint Parkway Overland Park, Kansas 66251-2020 10. Lessee and Lessor will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Premises without additional payment or consideration. 11. Lessor will execute a Memorandum of Agreement at Lessee's request. If the Premises is encumbered by a deed, mortgage or other security interest, Lessor will also execute a subordination, non-disturbance and attornment agreement. 12. Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Lease, the terms and provisions of this First Amendment shall control. Each reference in the Lease to itself shall be deemed also to refer to this First Amendment. 13. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this First Amendment will legally bind the Parties to the same extent as originals. 14, Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this First Amendment. Lessor represents and warrants to Lessee that the consent or approval of a third party has either been obtained or is not required with respect to the execution of First Amendment. If Lessor is represented by any property manager, broker or any other leasing agent (“Agent”), then (a) Lessor is solely responsible for all commission, fees or other payment to Agent and (b) Lessor shall not impose any fees on Lessee to compensate or reimburse Lessor for the use of Agent, including any such commissions, fees or other payments arising from negotiating or entering into this First Amendment or any future amendment. 15. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns. MU04505A 4 TMO Signatory Level: LO4/L05 NLG-104366 Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604102 IN WITNESS, the Parties execute this First Amendment as of the Effective Date. Lessor: Lessee: City of Muskegon, a Michigan municipal SprintCom LLC, a Kansas limited liability tl,Mf company DocuSigned by: By: lucia Renteria \CED37BCAZ244F7.. Print Name: an \Vaed eclte ile Print Name: Lucia Renteria Title: Ldedpe of Di blic VU dorks Title: Sr Director, Eng. Development Date: (2/10/24 12/12/2024 Date: PCLT ve | oe ones MU04505A TMO Signatory Level: LO4/L05 NLG-104366
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