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<br />Feb 26 02 lO:OBa suresite
<br />EXHIBIT 1
<br />version 1 PCS SlTE AGREEMENT nnarc,, e7
<br />Site Name: AT&7 Nortb Qlmsted Piayground Site m. D.: CLOOXC366 - D GROUNO LEASE QNLY
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<br />1. Premises and Use. Owner leases to SprmtCom. Inc., e Kansas
<br />corporation ("SpriMCorn"), the site descxibed below:
<br />(C1teCk epprop?i3t9 6ox(es)j
<br />0 Land consisting of approximately 320 square feei upon which SprintCom
<br />will conshuct its 19 equipment base station and C) antenna structure;
<br />? Building iMeriar space consisting ot approximalely squara feet;
<br />C3 8uildiog exderior spaoe for attadimeM of aniertnas;
<br />Q Building exterior spars Tor placemeM of base station aquipment;
<br />? TaMer anienna space betvveen the _ foot ar?d _ foot level on the
<br />Tpwer;
<br />0 Spaoe required for cable runs to conned PCS equipment and antennas, in
<br />ttie locahon(s) ("5itej shoam on Ezhibit A, together with a ran-exclusive
<br />easemeM ior reaBOnable aocess tNereto and to the appropriate, in the
<br />ukscretiat of SpciMCom, source of eledric and telephone fau'Ikies. The Site
<br />wiNA be used by SprintCom for the AllrPOSe of instalknp, removing, rePlacin9,
<br />mod", mairdaining and operating, ai its expense, a personal
<br />communicaWns servfce systen faalitY ('PCSI, mdudirg, wdthout limna6on,
<br />antenna equipment, cabfe wiriog, badc-up power sources {includng
<br />generators and fuef storage Wnks), related fodures and, if appficable to the
<br />Site, an antenna strocture. SprintCom wiY use the Site in a manner which will
<br />not unreasonably diaturb the occuc?anaY ot Owner's alser tenards. Sp?fntCom
<br />will have access to the Sft 24 Aouxs per day, 7 days per week
<br />2. Term. The term of this AgreemeM (Uie "IntTlal Term*) is 5 years,
<br />commencing on the date ("C.ommencemeM DaEa`) boUt SprintCom and
<br />Owner have exadrted tha Agreement. Thas Agreenent wiM be aulomaticalty
<br />renewed for tour additanal terms (each a°Renetiva! Term') of 5 years cach,
<br />unless SprintCom provides Owner ratioe of inEenfan not to renew rwf less
<br />than 90 days prior to the expirattbn of lhe Inilial Term or arry Renewat Term.
<br />3. Rerit Until that date which is 30 days a&er the start of ConstruCtion, tlhe
<br />rertt wiN be a one-Gme aggregate paynient af $100.00, the receipt of which
<br />O+mer acknowledges. 7herearter, reni wiu be paid in eqvat monthry
<br />installments of Sa Hundred and 00/100 DoNars (5600.00) (until increased as
<br />set foAh herein), paMal monfhs to be proraaed, in advance. Rerrt for each
<br />Renewal Term will be the annual rent in etfeC €nr the final year of the Ini6al
<br />Term or prior Renevral Term, as the case may be, inueased by twefve
<br />percent (1295). 5EE IAODlFlCATION RlDBt TO PCS SITE AGREEIAENT,
<br />NO. Z.
<br />4. TNe and QuNt Possessfon. Owner represerds and agrees (a) that it is
<br />the Qwner of tAc Site; (b) tlW it has the rlgN to erner intn thts Agreement;
<br />(c) that the person signing this AgreemeM has tAe autAoricy to sign; (d) that
<br />SprintCom is entitled to aCCess fo tAe Siite at alt times arW to the quiet
<br />possessi0n of the Ste throughout the inMal Term and each Rerewal Term so
<br />long as SprintCom is not in deiault beyond the expiration of any cure poriod;
<br />and (e) ftt Owner shatl not have unsuperaised access to the 5ite or to the
<br />PCS equipment.
<br />5_ AssignmanNSublatling. Tenar?t shad have the rugM to sublease or assign
<br />ks ngMs under Mis agrexmertt wktaut natice to or conssnt of owrter.
<br />6. NoNxs. Ad nolicss must be In wrting and ars etiective Only when
<br />deposited in the U.S. mait. cartified and postage Prepaid, or when sent via
<br />ovemigMt de6very. Notices ta SprlniCom are w be seM to: S?xint PCS Lease
<br />Management, North CeMml, Mailstop ItROSA0508, 5600 N. Rive? Rd., Suite
<br />500, Rosemont, IL 80018. Witit a copy to Sprirtt taw Departr»eM, Atiention:
<br />Sprint PCS ReaI Estate Attomey, 6391 Sprinf Parkway. Madstop
<br />KSOPHT0101-Z2020, Ovetland Park. KS 66251-2020. Notices to Owner
<br />must be sent to the address shown undemeaih Owner's signature.
<br />7. hnprovdnents. SpriMCom may. at b evense, make such improvemetb
<br />an the S+Ee as it deems necessary from tirrm to time for the operation of fhs
<br />PCS system. Owner ag?+ees to cooperate vuith SprintCom with respect to
<br />obtainang any required zoning appmsls fM the S1Oe and sucfi improvemeMS.
<br />Upon termination or expiration of this Agreertwnt. SprlniCom maY remove its
<br />equipmeni and inprovements and wfY testore the Site to suhstaMiaNy the
<br />conchtan exissting on the CommencemeM Date, except far ord(nary wear and
<br />tear and castraltyr bss.
<br />8. Compliance with t.avrs. Owmer represents that Owner's property (indud-
<br />inq the S'de), and an imgwovements focated thereon, aro in substantial
<br />compkanoe wth building, lb/safety, diaabiity and other laws, codes and
<br />reguletioes of applicable govemrtwMal authorities. SprintCom wiA
<br />substantiatly compfy wkb aQ applipb(e laars relating to its possessiwn and use
<br />of the Srte.
<br />8. [aed9teooe. SpriMCom wiN resoh?e technical inter6erence problems wAfi
<br />other equKsment tacated et the Site or+ the Cortrnencement Dade or any
<br />equKxnert that becomes attached M the Site at any fi,iure date when
<br />SprintGom desires to edd additionat equipmant to the Site. Likewise, Qwner
<br />wiA nat pem?it or suffer the installation of any future equipment which (a)
<br />resuifs in technicaP inter[ercnce problems with SprintCom's then existing
<br />equrpmertt or (b) enaroaches onto the Sife.
<br />10. Udlitiea. Owner represents that uNlities adequate for SprintCam's use of
<br />the Site are available. SprintCom wi0 pay for aIl uti(ities usad by it at the Site.
<br />Uwner wifi cooperate with SprintCom in SprintCom's efforts to obtain utilities
<br />from any location providad by Owner or the serviang ulility, including signing
<br />any easement or other insVument reasonabiy requiied by the utAlry comparty.
<br />91. Tetminatlon. SprirttCam +nay terminate thi8 Agreement at any time by
<br />noTice to Owner without turther liabildy d SprintCom does not obtain all permits
<br />Or othm approwdls (cA(ieCtively, `approvaP) required kom any govemmental
<br />authwity or any easements required from any third party to operate the PCS
<br />system, or if any such approval is canceled, eaxpires or is withdrawn or
<br />temtinated, or fi Owner fails to have proper ownetship of the 5ite or authority
<br />t0 enter int0 this Ayreement, or if SprintCom, for any other reason, in its sole
<br />discretion, determines that if wi(( be unabfe to use the SKe. Upon terminabon,
<br />aN prepaid rent wilr be retained by Owner uMess such terminetion is due to
<br />Owner's failure of proper oNmership or euthority, or such tertninat+on is a result
<br />of Owner's default.
<br />12. Defauk. If either party is in defauft under this Agreement for a period of
<br />(a) 30 days tollowing receipt of notice trom the ran-def8utting party with
<br />respect to a default which may be cured solely by the payment of money, or
<br />(b) 30 days fo(bwing recelpt of notice from the noniiefauhing party xrith
<br />respect to a defauk which may not be cured soleiy 6y thc payment of money,
<br />than, in sither eveni, the non-dctaulting party may pursue any remedies
<br />available to it agaiiut the defaulting party under applicable law, including, but
<br />not fimitnd to, the right to terminate this Agreement. If the non-monetary
<br />default may not teasondbly be cured within a 30-day period, this Agreement
<br />may not be Berrninated iF the defauling party commances actan fo cure the
<br />default within such 30-day period and proceeds with due diligence to fully cure
<br />the default_
<br />13. Indemnity. Uwner and SprinlCom each indemnifies the other against
<br />antl holds tlhe other hHrmless from any and all Cpsts (induding reasonable
<br />attomeys' fass) and CMaims of liapiti2y or loss which azise oui of the ownership,
<br />use and/or accupancy of tfie Site by the i?demnitying party. This indemnity
<br />does not appiy to amr Claims ansing from the sole negtigence or iMentional
<br />misoondud of the indemnified pady. The indemnity obligations under this
<br />Paragraph wiq surv'roe terminafwn of this Agreement.
<br />14. Hezardous Subetances. Owner represents that it has no knowledge of
<br />any substance, chemical or waste (colleetivaly, "substanoe") on the Site that is
<br />identiffled as hazaMous, toxic or dangerous in any applicable fecierat, state or
<br />loql law or regulation. SprintCom wilt not iMroduce or use any such
<br />substance on the Site in viotation of arty applicable law.
<br />15. Sww?dination and Mon-Dlsturbance. This Agreement is subordinate to
<br />any mortgage or deed of irusl now of ?eco?d ageinst the Site. However,
<br />prompfly after Me Agreement is futly executed, Owner wiA use ddigent efforts
<br />to obtain a non-distwbance agreement reasonably acceptable to SprintCom
<br />from the holder of aey such mortgaqe or deed of trusf.
<br />16. Taxes. SprintCom will be responsibFe for payment of all personal
<br />property taxes assessed direcUy upon and ansing sofely from its use of the
<br />communicationg facility on the Site. SprintCom will pay to Owner any
<br />increase in real property taxes attributable solely to any improvements to the
<br />Site made by 5printCom within 60 days after receipt of satisfactorv
<br />doeumerKation ind+catirig cakulation of SprintCom's share of Such reat estate
<br />taxes 8nd paymeM of the real estate tnxes by Qwner. Ovmer vrill pay when
<br />due a1I other reai estate taxes snd assessmeMs attributable to the property of
<br />Owner of which the Sde is a part.
<br />17. Insurence. SprintCom will procure and maintain commercial general
<br />liabilily insurance, with (imits of not iess Man $1,000,000 comDined single limit
<br />per occurrenca for bodily injury ar?d property damage liability, with a certificate
<br />of insurance to be furrdshed to Owner within 30 days of written request. Such
<br />poticy wftt provide that cancellation wi0 not occur withqut at least 15 days prior
<br />wrdten notiCe to tTnmec EsCh party herehy waives its right of recovery against
<br />the other for any loss or damage Covered by any irtsurance policias
<br />maintained by the waiviny party. Each party will puse exh insurance policy
<br />obta{ned by A to provide that the insurance company waives all rights of
<br />recovery aga+nst the other party in connedbn with any damage covered by
<br />such policy.
<br />18. Mainbanance. SprintCom wilt be responslWe for repairing and
<br />malntaining the PCS system and amr other improvemenGs instaAed by
<br />SprintCom at the Site in a propar operating and reasonably safe condition,
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