Lease Agreement for Antenna on Water tower
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT
(ďLeaseĒ), made this _______ day of ________, year _______, between City of
_______ ("Landlord"), and _________________________________ organization
and existing under the laws of Minnesota.
WHEREAS, Tenant is under contract to provide ___________
service to ____________________________ and it is in the best interests of
Landlord to facilitate Tenantís provision of improved communication by and
between Tenantís _________________________.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. Leased Premises.
Landlord hereby leases to the Tenant, for the period, at the rent, and upon the
terms and conditions hereafter set forth, the non-exclusive use of:
The Top of the ____________ Water Tower Structure and
adequate, nominal space in the adjacent water equipment building to install a
control panel and also grants to Tenant a non-exclusive easement for
reasonable access thereto and for adequate utility services (the Leased
The Term of this Lease Agreement shall be for three (3) years commencing on the
date of execution of this Agreement, provided, however, that this Agreement
shall terminate on the effective date of the termination of the contractual
arrangements between Tenant and _______________ for Tenantís provision of
Tenantís rental obligation during initial term of this Lease consists of:
Tenantís obligation to reimburse Landlord the
attorneyís fees the Landlord incurs incident to the preparation and execution
of this Site Lease Agreement and related documents including but not limited to
a Municipal Ordinance. The amount of such attorneyís fees shall be provided to
Tenant, in writing, within ten (10) days after execution of this Agreement and
shall be paid to Landlord within thirty (30) days thereafter, and
Tenantís obligation to pay Landlord $____________ each
year for electricity, or such other amount as is established by separate
ďmeteringĒ of Tenantís electric usage, payable promptly upon request.
Governmental Approval Contingency.
Tenant Application. Tenantís right to use the Leased Premises is
expressly made contingent upon its obtaining all the certificates, permits,
zoning and other approvals that may be required by any federal, state, or local
authority. This shall include the engineering study specified Subparagraph 4(b)
below on the Structure to be conducted at Tenantís expense. Landlord shall
cooperate with Tenant in its efforts to obtain and retain such approvals and
shall take no action which would adversely affect the status of the Leased
Premises with respect to the Tenantís proposed use thereof.
Interference Study. Tenant must pay for the reasonable cost of a
radio frequency interference study carried out by ______________________,
showing that Tenantís intended use will not interfere with any existing
communications facilities. If the study finds that there is a potential for
interference that cannot be reasonably remedied, Landlord may terminate this
Lease immediately and refund the initial rental to Tenant.
Non-approval. In the event that any application necessary under
Subparagraph 4(a) above is finally rejected or any certificate, permit, license,
or approval issued to Tenant is cancelled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority so that Tenant, in its sole
discretion, will be unable to use the Leased Premises for its intended purposes,
Tenant shall have the right to terminate this Lease. Notice of Tenantís
exercise of its right to terminate shall be given to Landlord in writing by
certified mail, return receipt requested, and shall be effective upon receipt of
such notice by Landlord as evidenced by the return receipt. Except as required
under Subparagraph 12(d) below, upon such termination, this Lease shall become
null and void and the parties shall have no further obligations to each other.
a. User Priority. Tenant agrees that the following
priorities of use, in descending order, shall apply in the event of
communication interference or other conflict while this Lease is in effect, and
Tenantís use shall be subordinate accordingly:
2. Public safety
agencies, including law enforcement, fire, and ambulance services, that are not
part of the Landlord;
Other governmental agencies where use is not related to public safety;
entities whose antenna offer a service to
the general public for a fee, in a manner similar to a public utility,
such as long distance and cellular telephone, not including radio or which
Tenant is legally authorized to provide. This use shall be non-exclusive, and
Landlord specifically reserves the right to allow the Leased Premises to be used
by other parties and to make additions, deletions, or modifications to its own
facilities on the Leased Premises.
shall use the Leased Premises only for the purpose of installing, maintaining,
and operating a Landlord-approved communications antenna facility, equipment,
cabinets and an accessory building, and uses incidental thereto for providing
radio and wireless telecommunication services which Tenant is legally authorized
to provide. This use shall be
non-exclusive, and Landlord specifically reserves the right to allow the Leased
Premises to be used by other parties and to make additions, deletions, or
modifications to its own facilities on the Leased Premises
shall have the right, at its sole cost and expense, to operate and maintain the
Antenna Facilities on the Leased Premises in accordance with good engineering
practices and with all applicable FCC rules and regulations. Tenant's
installation of all Antenna Facilities shall be done according to plans approved
by Landlord, which approval shall not be unreasonably withheld. Any damage done
to the Leased premises or other Landlord property including the Structure during
installation or during operations, shall be repaired at Tenantís expense
within 30 days after notification of damage. The Antenna Facilities shall remain
the exclusive property of the Tenant, unless otherwise provided in this Lease.
Maintenance Improvement Expense.
All modifications to the Leased Premises and all improvements made for
Tenantís benefit shall be at the Tenantís expense and such improvements,
including antenna, facilities and equipment, shall be maintained in a good state
of repair, at least equal to the standard of maintenance of the Landlordís
facilities on or adjacent to the Leased Premises, and secured by Tenant. If
Tenantís Antenna Facilities are mounted on the Structure they shall, at all
times, be painted, at Tenantís expense, the same color as the Structure.
shall provide Landlord with as-built drawings of the equipment and improvements
installed on the Leased Premises, which show the actual location of all Antenna
Facilities. Said drawings shall be accompanied by a complete and detailed
inventory of all equipment, personal property, and Antenna Facilities actually
placed on the Leased Premises.
No Interference. Tenant
shall, at its own expense, maintain any equipment on or attached to the Leased
Premises in a safe condition, in good repair and in a manner suitable to
Landlord so as not to conflict with the use of the surrounding premises by
Landlord. Tenant shall not unreasonably interfere with the operations of any
prior tenant using the Structure and shall not interfere with the working use of
the water storage facilities thereon or to be placed thereon by Landlord.
Access. Tenant, at
all times during this Lease, shall have access to the Leased Premises in order
to install, operate, and maintain its Antenna Facilities. Tenant shall have
access to the Structure only with the approval of Landlord. Tenant shall request
access to the Structure twenty-four (24) hours in advance except in an
emergency, and Landlordís approval thereof shall not be unreasonably withheld
or delayed. In the event it is necessary for Tenant to have access to the
Structure at some time other than the normal working hours of Landlord, Landlord
may charge Tenant for whatever expense, including employeesí wages, that
Landlord may incur in providing such access to Tenant.
Additional Maintenance Expenses.
Upon notice from Landlord, Tenant shall promptly pay to Landlord additional Landlord expenses
incurred in maintaining the Leased Premises, including painting or other
maintenance of the Structure, that are caused by Tenant's occupancy of the
in Technology. As
technology advances and improved antennas are developed which are routinely used
in Tenantís business, Landlord may require, in its sole discretion, the
replacement of existing antennas with the improved antennas if the new antennas
are more aesthetically pleasing or otherwise foster a public purpose, as long as
the installation and use of the improved antennas are practical and technically
feasible at this location.
Insurance and Indemnification.
Tenant shall, during the term of the lease, maintain property coverage on
all personal property and fixtures owned by Tenant. Tenant acknowledges that
Landlord is not responsible for insuring against the loss of Tenantís
equipment improvements. Tenant shall also maintain single limit or combined
limit general liability insurance policy of an amount not less than the limits
set forth in Chapter 466 of Minnesota Statutes for property damage arising from
one occurrence or for bodily or personal injuries or death or damages arising
from one occurrence.
Tenant shall hold Landlord harmless from and indemnify Landlord against
any and all liability, damage, loss and expense arising or resulting from the
acts or omissions or caused by Tenant or Tenantís employees, servants, agents,
guests, assigns, subtenants, visitors or licensees, in, upon or about the
premises, the building or the adjacent areas, including all common areas or
arising out of or related to the use and occupancy of the occupancy or the
business or activity conducted with respect to the property, including but not
limited to injuries to person or property. This indemnification clause
specifically includes reasonable attorneyís fees incurred by the Landlord, and
Tenant shall reimburse Landlord for attorneyís fees as incurred and not only
at the termination of the litigation or other dispute necessitating the
retention of attorney by Landlord.
9. Damage or
Destruction. If the
Premises are damaged or destroyed by fire, winds, flood or other natural or
manmade causes, Landlord shall have the option to repair or replace the Premises
at its sole expense, or to terminate this Lease effective on the date of such
damage or destruction. In the event it elects to terminate the Lease, neither
Tenant nor Landlord shall have any further obligations hereunder. If Landlord
elects to repair or replace the premises, until such repair or replacement is
completed so that the Tenant can resume full operations, the Tenantís rental
hereunder shall abate until the premises are restored to a condition that the
Tenant can resume full operations at the premises.
Events of Termination. Except as otherwise provided herein, this
Lease may be terminated upon sixty (60) days written notice to the other party
(i) by either party upon a default of any covenant or term
hereof by the other party, which default is not cured within sixty (60) days of
receipt of written notice of default to the other party (without, however,
limiting any other rights of the parties pursuant to any other provisions
(ii) by Tenant for cause if it is unable to obtain or
maintain any license, permit or other governmental approval necessary for the
construction and/or operation of the Antenna Facilities or Tenantís business
(iii) by Tenant for cause if the leased Premises is or
becomes unacceptable for technological reasons including without limitation
shadowing or interference under Tenantís Antenna Facilities, design or
engineering specifications or the communications systems to which the Antenna
(iv) by Landlord, upon 120 dayís prior written notice to
Tenant if its Council decides, for any reason, to redevelop the Leased Premises
in a manner inconsistent with continued use of the Leased Premises by Tenant
and/or discontinue use of the Structure for all purposes;
(v) by Landlord if it determines that the Structure is
structurally unsound, including,
but not limited to, consideration of age of the Structure, damage or
destruction of all or part of the Structure on the Leased Premises from
any source, or factors relating to condition of the Leased Premises;
(vi) by Landlord if it determines that a potential user
with a higher priority under Subparagraph 5(a) above cannot find another
adequate location, or the Antenna Facilities unreasonably interfere with another
user with a higher priority, regardless of whether or not such an interference
was predicted in the initial interference study that was part of the application
process, provided that for a one year period after termination under this
subparagraph, Landlord shall not lease the Leased Premises to another party with
equal or lesser priority for the same use as that of Tenant; or
(vii) by Landlord if it determines that Tenant has failed
to comply with applicable ordinances, or state or federal law, or any conditions
attached to government approvals granted thereunder, after a public hearing
before the Landlordís Council
Notice of Termination. The parties shall give Notice of
Termination in writing by certified mail, return receipt requested. Such Notice
shall be effective upon receipt as evidenced by the return receipt, or such
later date as stated in the Notice. All rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
Site Restoration. In the event that this Lease is terminated or
not renewed, Tenant shall have 60 days from the termination or expiration date
to remove its Antenna Facilities, and related equipment from the Leased
Premises, repair the site and restore the surface of the Structure. In the event
that Tenantís Antenna Facilities, and related equipment are not removed to the
reasonable satisfaction of the Landlord, they shall be deemed abandoned and
become the property of the Landlord and Tenant shall have no further rights
With Structure. Tenant shall not interfere with landlordís use
of the Structure and agrees to cease all such actions which unreasonably and
materially interfere with landlordís use thereof no later than three business
days after receipt of written notice of the interference from Landlord. In the
event that Tenantís cessation of action is material to Tenantís use of the
Leased Premises and such cessation frustrates Tenantís use of the Leased
Premises, within Tenantís sole discretion, Tenant shall have the immediate
right to terminate this Lease.
With Higher Priority Users. If Tenantís Antenna Facilities cause
impermissible interference with higher priority users as set forth in under
Subparagraph 5(a) above or with pre-existing tenants, Tenant shall take all
measures necessary to correct and eliminate the interference. If the
interference cannot be eliminated within 48 hours after receiving Landlordís
written notice of the interference, Tenant shall immediately cease operating its
Antenna Facilities and shall not reactivate operation, except intermittent
operation for the purpose of testing, until the interference has been
eliminated. If the interference cannot be eliminated within 30 days after Tenant
received Landlordís written notice, Landlord may at its option terminate this
Interference Study - New Occupants. Upon written notice by
Landlord that it has a bona fide request from any other party to lease an area
including or in close proximity to the Leased Premises ("Leased Premises
AreaĒ), Tenant agrees to provide Landlord, within sixty (60) days, the radio
frequencies currently in operation or to be operated in the future of each
transmitter and receiver installed and operational by Tenant on the Leased
Premises at the time of such request. Landlord may then have an independent,
registered professional engineer of Landlordís choosing perform the necessary
interference studies to determine if the new applicantís frequencies will
cause harmful radio interference to Tenant. Landlord shall require the new
applicant to pay for such interference studies, unless the Landlord or other
higher priority user requests the use. In that event, the Tenant and all other
tenants occupying the Leased Premises Area shall pay for the necessary
interference studies, pro rata.
Interference - New Occupants. Landlord agrees that it will not
grant a future lease in the Leased Premises Area to any party who is of equal or
lower priority to Tenant, if such partyís use is reasonably anticipated to
interfere with Tenantís operation of its Antenna Facilities. Landlord agrees
further that any future lease of the Leased Premises Area will prohibit a user
of equal or lower priority from interfering with Tenantís Antenna Facilities.
Landlord agrees that it will require any subsequent occupants of the Leased
Premises Area of equal or lower priority to Tenant to provide Tenant these same
assurances against interference. Landlord shall have the obligation to eliminate
any interference with the operations of Tenant caused by such subsequent
occupants. If such interference is not eliminated, Tenant shall have the right
to terminate this lease or seek injunctive relief against the interfering
occupant, at Tenantís expense.
12. Assignment. This
Lease may not be sold, assigned, or transferred by Tenant without the written
consent of the Landlord, such consent not to be unreasonably withheld.
Landlord warrants that it has full right, power, and authority to execute
this agreement. Landlord covenants that Tenants, in paying rent and performing
the covenants by it herein made, shall and may peacefully and quietly have,
hold, and enjoy the leased property.
Tenantís obligations hereunder shall be contingent upon Tenantís
ability to use the premises for the purpose described in Paragraph (6) above,
including but not limited to receipt of all necessary easements, permits, zoning
approvals, and regulatory approvals.
Tenant shall obtain all necessary governmental and regulatory approvals
required for its occupation and use of the Premises, including but not limited
to zoning changes, and shall be responsible for the cost of obtaining such
approvals. The Landlord shall cooperate with the Tenant in obtaining such
The provisions of this Lease shall bind and inure to the benefit of the
parties hereto and their heirs, legal representatives, successors and assigns.
This Lease contains the entire agreement of the parties with respect to
any matter mentioned herein and supersedes any prior oral or written agreements.
This Lease may be amended in writing only, signed by the parties in
interest at the time of such amendment.
No waiver by either party of any provision hereof shall be deemed a
waiver of any other provision or of any prior or subsequent breach or any
If any term or provision of this Lease is held to be invalid or
unenforceable, such invalidity or unenforceability shall not be construed to
affect any other provision of this Lease, and the remaining provision shall be
enforceable in accordance with their terms.
This agreement shall be governed by and construed in accordance with the
laws of the State of Minnesota.
If Tenant does not promptly vacate the premises at the end of the Lease
term, such holding over shall be treated as creating a month to month tenancy.
IN WITNESS WHEREOF, the parties have executed this Lease agreement as of
the day and year first written above.