Laserfiche WebLink
,,4? ,. . <br />; <br />GROUND LEASE WITH OPTION <br />THIS GROUND LEASE WITH OPTION (this "Lease") is by and between The City of North Olmsted, an Ohio <br />municipal corporation ("Landlord") and T-Mobile Central LLC, a Delaware Limited Liability Company ("Tenant"). <br />1. Preamble to Lease <br />(a) In consideration of the payment of One Thousand and no/100 dollars ($1,000.00) (the "Option Fee") by Tenant to <br />Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached <br />Exhibit A(the "Property"), on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of <br />twelve (12) months, commencing on the Effective Date (as defined below) (the "Option Period"). <br />(b) During the Option Period of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, <br />ali licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applicable <br />government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal <br />Communication Commission ("FCC") ("Governmental Approvals"), and Landlord agrees to cooperate with and to allow Tenant, <br />at no cost to Landlord, to obtain a title report, zoning approvals and variances, land-use permits, and Landlord expressly grants to <br />Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental <br />investigations on the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's <br />engineering specifications, system design, operations and Governmental Approvals. Notwithstanding the foregoing, Tenant may <br />not change the zoning classification of the Property without first obtaining Landlord's written consent. <br />(c) Subject to the following terms and conditions, Landlord hereby leases to Tenant that portion of the Property <br />sufficient for the placement of tower and base, equipment shelters and/or cabinets and related cables and utility lines and a <br />location based system, including, antenna(s), coaxial cable, base units and other associated equipment (collectively, the "Antenna <br />Facilities"). The location, orientation, installation and construction of Tenant's space on the Property, together with all necessary <br />space and easements for access and utilities, fencing, landscaping and other improvements, are specifically described and <br />depicted in the attached Exhibit B(collectively referred to hereinafter as the "Premises"). Tenant shall install and construct the <br />Premises, including all fencing and landscaping, to the exact specifications as depicted and described in Exhibit B, unless <br />Landlord provides prior written consent granting Tenant permission to deviate from said Exhibit B. The Premises, located at <br />North Olmsted Fire Station No. 2, 29592 Lorain Road, North Olmsted, Ohio 44070, comprises approximately 2,400 square feet. <br />2. Term. The initial term of the Lease shall be five (5) years commencing on the start of construction of the .Antenna <br />Facilities (the "Commencement Date"), and terminating at midnight on the last day of the initial term (the "Initial Term"). <br />3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication <br />signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, <br />antennas, equipment shelters and/or cabinets and related activities. <br />4. Rent. Tenant shall pay Landlord, as rent, One Thousand Eight Hundred and no/100 dollars ($1,800.00) per month <br />("Rent"). Rent shall be payable within twenty (20) days following the Commencement Date prorated for the remainder of the <br />month in which the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each <br />month to the Citv of North Oimsted at Landlord's address specified in Section 12 below. Rent shall be increased annually by <br />Three Percent (3%) of the Rent paid over the preceding year. If this Lease is terminated at a time other than on the last day of a <br />month, Rent shall be prorated as of the date of termination for any reason (other than a default by Tenant) and all prepaid Rent <br />shali be immediately refunded to Tenant. <br />5. Renewal. Tenant shall have the right to extend this Lease for five (5) additional, five-year terms (each a"Kenewal <br />Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein. Rent paid directly by Tenant to <br />Landlord during each Renewal Term under this Lease shall be increased annually by Three Percent (3%) of the Rent paid over <br />the preceding year. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in <br />writing, of TenanYs intention not to renew this Lease, at least sixty (60) days prior to the expiration of the Initial Term or any <br />Renewal Term <br />6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by <br />Landlord or lessees or licensees of Landlord with rights in the Property prior in time to TenanYs (subject to Tenant's rights under <br />this Lease, including, without limitation, non-interference.) Tenant's Antenna Facilities shali not interfere with Landlord's radio <br />communication for service and safety departments, either existing or as may be installed pursuant to Section 7(g), and Tenant <br />shall provide a technical report which affirmatively demonstrates that Tenant's Antenna Facilities shall not interfere with <br />Landlord's radio systems as a prerequisite to the operation of Tenant's Antenna Facilities. All operations of Tenant's Antenna <br />Facilities shall be in compliance with all FCC requirements. Similarly, Landlord shall neither install new equipment for use, nor <br />shall Landlord permit its lessees, licensees, employees, invitees or agents to install new equipment for use, any portion of the <br />Si[e Nuntber: CL41-376B 1 Version 10-2-01 <br />Site Name: North Ofiisted Fire S[ation No. 2 <br />Market Cleveland <br />-.,... _.._... . . _ . _... ..... .. . . . . ... _...:.?vea?'..,.,.,.-?.:... .. .r,._.,.a?P«&aa ...:.?scF*#wianwx•,^'?aewfln?'.vF,??"?+,aW->,+F-^,h.s, , ... ...,..