Beruflich Dokumente
Kultur Dokumente
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On the rooftop of the Property ( described in Exhibit ''A"), Lessor leases to Lessee the Leased
Premises (described in Exhibit B) for the purposes of constructing, operating and maintaining
communications equipment (described in Exhibit "C"). At the Lessee's sole cost and expense,
the equipment shall be installed on the rooftop of the Property in the manner and location
described in Exhibit "B." Exhibits A, B, and Care attached hereto and made a part hereof.
In accordance with Exhibit B, Lessor will provide Lessee with the requisite amount of space at
the Leased Premises in order to accommodate Lessee's equipment, as described in Exhibit C.
Subject to Paragraph 4 hereof, Lessor also grants to Lessee certain nonexclusive rights of access
over so much of the Property for the installation and maintenance of wires, cables, conduits and
pipes necessary for the installation, operation and maintenance of its equipment.
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2. TERM
This Lease shall be for a period of FIVE (5) YEARS ("Initial Tenn") and shall commence on the
date ("Commencement Date") which is the last to occur of: (a) the first day of the calendar
month following Lessee's receipt of the last necessary local, state and federal approvals, licenses
and permits so-as to permit construction and/or installation of equipment on and use of the
Leased Premises for all of the purposes permitted by this Lease (such approvals, licenses and
permits hereinafter collectively called the "Approvals"); or (b) the first day of the calendar month
following Lessee's commencement of construction pursuant to this Lease. Lessee shall provide
Lessor with written notice of the Commencement Date.
Lessee shall have the right to renew this Lease for TWO additional FIVE (5) YEAR terms (first
and second renewal terms), provided Lessee is not in default of this Lease. Lessee shall provide
Lessor with written notice of its intent to renew this Lease at least ninety (90) days prior to the
termination of the Initial Term and any renewal term thereof.
At the sole and absolute discretion of the Lessor, Lessor shall have the right to renew this Lease
for a third renewal term of five (5) years immediately following the expiration of the second
renewal term subject to the same terms, conditions, and provisions as are set forth in this Lease.
Lessor shall be deemed to have waived the right to exercise this renewal option unless not less
than ninety (90) days prior to the date of expiration of the second renewal term, Lessor shall have
notified Lessee in writing of Lessor's election to renew.
3.RENT
(a) Lessee shall pay to Lessor as rent for the Leased Premises the initial annual sum of
$20,100.00, payable in equal monthly installments of $1,675.00. Rent shall be due within fifteen
(15) days of the Commencement Date and on the first day of each month thereafter. Rent
payments shall be made payable to the "New Baltimore City Board of School Commissioners,"
and forwarded to the Office of Treasury Services, Room 401, 200 East North Avenue, Baltimore,
Maryland, 21202. Payment should include the Property's name and "Rent Payment for
Communications Lease."
(b) Lessee shall pay Lessor a late payment charge equal to five percent (5%) of the late payment
for any payment that remains unpaid for more than 10 days from the date of Lessor's written
notice to Lessee that such money was not received when due and payable. Any amounts not paid
when due shall also bear interest until paid to the Lessor at the rate of two percent (2%) per
month or the highest rate permitted by law provided the amount remains unpaid for more than 10
days from the date of Lessor's written notice to Lessee that such money was not received when
due and payable.
(c) As described in Exhibit D, attached hereto and made a part hereof, the Rent shall be increased
annually upon each anniversary of the Commencement Date by an amount equal to FOUR
PERCENT (4%) over the amount prevailing during the preceding year.
(d) If this Lease is terminated at a time other than on the last day of the month, Rent shall be
prorated as of the termination date.
4. LESSEE'S PLANS
(a) As described in Exhibit C, Lessee's equipment shall not be installed or replaced without prior
written approval of Lessor, such approval not to be unreasonably withheld. Lessor will respond
to any such request within ten (10) working days of receipt. No improvement, construction,
installation or alteration to Lessee's equipment and/or utilities shall be commenced until Lessee's
plans for such work have been approved by Lessor; and all necessary permits have been properly
obtained.
(b) Lessee's plans shall be drawn to scale and shall include: (1) the proposed location of all
equipment, including antennas, cabinets, sleds, and ice bridges/cable covers; (2) the proposed
changes to the Property and the Leased Premises; (3) the proposed dimensions and weight of all
equipment, including ice bridges/cable covers; ( 4) the proposed color and type of construction
material for all structures and equipment; (5) the proposed layout and plans for utilities at the
Property and the Leased Premises; (6) the proposed method and all locations for drilling and/or
penetrating into the rooftop of the Leased Premises; and (7) any other plan or detail that the
Lessor may request.
(c) Prior to commencing any construction, installation, alteration or replacement of equipment at
the Leased Premises, Lessee shall also provide Lessor with the name of its contractor(s), a
proposed construction schedule, construction plans, the type of construction machinery to be
used for the installation of the equipment and its weight, and a proposed plan for ingress and
egress to the Leased Premises. All improvements shall be constructed in a workmanlike manner
without the attachment of any liens to the Property or Leased Premises and shall be completed in
compliance with all applicable laws, rules, ordinances and regulations.
5. USE OF LEASED PREMISES
(a) Lessee agrees to use the Leased Premises solely for the purpose of construction, erection,
reconstruction, operation, maintenance, repair and removal of the communications equipment
described in Exhibit C.
Lessee shall not place any advertisement or other notice on or about the Property or Leased
Premises which identifies the Lessee in any way (except for emergency notification postings).
At its sole cost and expense, Lessee shall comply with all federal, state, and local laws,
ordinances, rules and regulations (including laws and ordinances relating to health, safety, radio
:frequencyemissions, and radiation) in connection with the use, operation, maintenance,
construction and/or installation of Lessee's equipment on the Leased Premises.
(b) Lessor specifically reserves the right to develop the Property in any manner that does not
cause undue interference to Lessee's use of the Leased Premises. If Lessor should obtain a
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mortgage or loan from a lender in the future, which is secured by the Property, Lessor shall also
obtain a non-disturbance clause or agreement from said lender regarding this Lease.
(c) If Lessee wants to make any improvements or replace its equipment to the Leased Premises
after initial construction drawings are approved by Lessor, Lessee shall make its request in
writing and specify in detail the proposed change or modification in accordance with Paragraph 4
of this Lease. Lessor will respond to any such request within ten (I 0) working days of receipt.
Lessor shall not unreasonably withhold approval.
(d) Lessee agrees to install and operate equipment of a type and frequency which will not cause
interference in any way to Lessor's use of the Property. In the event Lessor believes, in Lessor's
reasonable judgement and opinion, that an installation or activity of Lessee is causing
interference to Lessor's use of the Property, Lessor shall give written notice of the interference to
Lessee and Lessee shall immediately dispatch authorized representatives to inspect and test
Lessee's operations and equipment.
( e) As designated by Lessor, Lessor hereby grants Lessee, its employees, contractors, agents and
invitees a non-exclusive easement and right of way over and through the Property for ingress and
egress to the Leased Premises, for the purpose of constructing, installing, maintaining, operating,
repairing and removing the Lessee's equipment.
6. LESSEE'S EQUIPMENT-REMOVAL UPON TERMINATION
(a) Upon termination of the Lease, Lessee shall be responsible for the removal of its equipment
and utilities from the Leased Premises. Before Lessee removes its equipment and utilities from
the Leased Premises, Lessee shall provide Lessor with a schedule and its plans for removal.
(b) Upon removal of the Lessee's equipment, as provided in subsection (a) hereof, Lessee shall
restore the Leased Premises to the reasonable satisfaction of Lessor not to exceed the original
condition of the Leased Premises with reasonable wear and tear.
(c) All costs and expenses for the removal of the equipment and restoration of the Leased
Premises, as provided in subsections (a) and (b) hereof, shall be borne by Lessee, and Lessee
shall hold Lessor harmless from any portion thereof.
( d) If Lessee fails to remove its equipment and utilities from the Leased Premises and/or restore
the Leased Premises, as provided in subsections (a) and (b).hereof, within thirty (30) days after
the termination date, Lessor may remove and store at Lessee's sole cost and expense the
equipment and utilities and/or restore the Leased Premises to its original condition at Lessee's
sole cost and expense. In no event shall Lessor be liable for loss in value of Lessee's equipment
resulting from removal, which is not the result of Lessor's negligence, or for any consequential or
other damages to Lessee.
7. BOND
Prior to commencing any construction on the Leased Premises, Lessee shall post a bond with a
surety company, reasonably acceptable to Lessor, assuring that the improvements will be
constructed without the attachment of any construction liens.
8.NETLEASE
Lessor shall not be required to make any expenditures of any kind in connection with this Lease
or to make any repairs or improvements to the Property or the Leased Premises. The parties
agree that this is a Net Lease intended to assure Lessor the rent reserved on an absolute net basis.
In addition to the Rent reserved herein, Lessee shall pay to the parties entitled thereto all taxes,
assessments, insurance premiums, maintenance charges, and any other charges, costs and
expenses against the Leased Premises and Lessee's equipment which may be contemplated under
any provisions of this Lease or by federal, state, or local law.
9. GRAFFITI
At Lessee's sole cost and expense, Lessee shall at all times keep and maintain the Leased
Premises and its equipment free of all graffiti located thereon. Lessor shall notify Lessee in
writing if graffiti is located on the Leased Premises or Lessee's equipment.
10. MAINTENANCE
At its sole cost and expense, Lessee shall maintain the Leased Premises, its equipment, and any
other personal property on the Property in good working order, condition and repair. Lessee
shall keep the Property and the Leased Premises free of debris and anything of a dangerous,
noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or
interference.
11. UTILITIES
At its sole cost and expense, Lessee shall arrange for its own separately metered eiectrical supply
from the local utility company and shall pay for all electrical and other utility charges attributed
to the Leased Premises. Upgrading of utilities and installation of new utilities shall be done only
with Lessor's prior written approval and at Lessee's sole cost and expense. In the event Lessee
cannot secure its own metered electrical supply from the local utility company, Lessee shall have
the right, at its sole cost and expense, to submeter from Lessor on a monthly basis for the electric
consumed by Lessee at the Leased Premises. After the meter is read and billed to Lessee, Lessee
shall pay the local utility company rate for the submetered electric. The submetered electric bill
shall be considered and collected from Lessee as Additional Rent.
Lessee shall pay when due all charges for utilities at the Leased Premises during the Term of this
Lease and any renewal thereof
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12. PERMITS
(a) This Lease is contingent upon Lessee's obtaining all necessary governmental approvals,
permits or licenses that Lessee may deem necessary. Lessee shall pay, as they becomedue and
payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or
occasioned by Lessee's use of the Leased Premises.
(b) At its sole cost and expense, Lessee shall obtain all federal, state, local, and any other permit
and governmental authorization required to construct, operate or otherwise implement its use of
its equipment at the Leased Premises. Lessee shall provide Lessor with copies of all permits and
governmental authorizations. Lessee shall not commence any work at the Leased Premises until
such permits are submitted to Lessor. Notwithstanding the foregoing, if Lessee is unable to
obtain any required permits, approvals or authorizations as required in this Paragraph, the Lessee
shall have the right, without obligation, to terminate this Lease immediately and render it null
and void.
13. DEFAULT BY LESSEE
Each of the following events shall constitute a default of this Lease by Lessee:
(a) If Lessee fails to pay Rent or other sums due as provided herein within TEN{lO) calendar
days from the date of Lessor's written notice to Lessee of such failure to pay;
(b) If Lessee fails to perform or comply with any of the terms, conditions, or covenants of this
Lease and such failure continues for a period of thirty (30) calendar days from the date of
Lessor's written notice to Lessee of such failure to perform or comply, unless the performance
cannot be reasonably completed within the thirty (30) day period and Lessee has commenced
good faith efforts to perform and is diligently proceeding to complete performance;
(c) If Lessee is adjudicated as bankrupt or makes any assignment for the benefit of creditors.
14. CURE BY LESSOR
In the event of any default of this Lease by Lessee and upon the expiration of the applicable.cure
period set forth in Section 13, the Lessor may at any time, after notice, cure the default for the
account of and at the expense of the Lessee. If Lessor is compelled to pay or elects to pay any
sum of money or to do any act which will require the payment of any sum of money or is
compelled to incur any expense, including reasonable attorney fees in instituting. prosecuting or
defending any action to enforce the Lessor's rights under this Lease, the sums so paid by Lessor,
with all interest, costs and damages shall be deemed to be Additional Rental and shall be due
from the Lessee to Lessor onthe first day of the month following the incurring of the respective
expenses.
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_. .....
thereof. Although all damages, whether awarded as compensation for diminution in value of the
Leasehold or to the fee of the Property, shall belong to Lessor, Lessee shall have the right to
claim and recover from the condemning authority, but not from Lessor, such compensation as
may be separately awarded or recoverable by Lessee on account of any and all damage to
Lessee's business and any costs or expenses incurred by Lessee in moving/removing its
equipment, personal property, and leasehold improvements.
20. INSURANCE
During the Term of this Lease and any renewal thereof, the Lessee shall procure and maintain the
following required insurance coverage:
(a) Commercial General Liability Insurance at limits of not less than One Million Dollars
($1,000,000.00) per occurrence for claims arising out of bodily injuries or death and property
damages. For those polices with aggregate limits, a minimum limit of Three Million Dollars
($3,000,000.00) is required. Such insurance shall include contractual liability insurance.
(b) Business Automobile Liability Insurance at limits of not less than One Million Dollars
($1,000,000.00) per occurrence for all claims arising out of bodily injuries or death and property
damages. The insurance shall apply to any owned, non-owned, leased, or hired automobiles used
in the performance of this Lease.
(c) Workers' Compensation coverage as required by the State of Maryland, as well as any similar
coverage required for this work by applicable Federal or "Other States" State Law.
(d) The "New Baltimore City Board of School Commissioners" and the "Mayor and City
Council of Baltimore," their respective elected/appointed officials, departments, employees,
agents, and representatives shall be covered, by endorsement, as an additional insured with
respect to liability arising out of activities performed by or on behalf of the Lessee in connection
with this Lease.
(e) The Lessee's insurance shall apply separately to each insured against whom a claim is made
and/or lawsuit is brought.
(f) To the extent of the Lessee's negligence, the Lessee's insurance coverage shall be primary.
Any insurance and/or self-insurance maintained by Lessor and the "Mayor and City Council of
Baltimore," their respective elected/appointed officials, departments, employees, agents, and
representatives shall not contribute with the Lessee's insurance or benefit the Lessee in any way.
(g) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except
by the reduction of the applicable aggregate limit by claims paid until after forty-five (45) days
prior written notice has been given to the Lessor and the "Mayor and City Council of Baltimore."
There will be an exception for non-payment of premium which is ten (10) days notice of
cancellation.
(h) Insurance shall be placed with insurers having a Best's rating of no less than A:VII. If not
rated with Best's, the insurer shall have a minimum surplus the equivalent of Best's surplus size
VII and must be licensed/approved to do business in the State of Maryland.
(i) The Lessee shall furnish the Lessor with a "Certificate of Insurance" and a copy of the
additional insured endorsement as verification that coverage is in force. The Lessor reserves the
right to require Lessee to produce a letter from Lessee's insurance broker verifying that the
insurance coverage required herein is in effect.
(i) Subject to Paragraph 13 hereof, failure to obtain insurance coverage as required herein or
failure to furnish the Certificates oflnsurance as required herein may render this Lease null and
void; provided, however that no act or omission of the Lessor or the "Mayor and City Council of
Baltimore" shall in any way limit, modify or affect the obligations of Lessee under any provision
of this Lease.
(k) Except for the negligent acts or omissions of the Lessor, the Lessor shall not be responsible
for Lessee's equipment at the Leased Premises.
21. LIABILITY AND INDEMNITY
Lessee shall indemnify, defend and hold harmless the Lessor and the "Mayor and City Council of
Baltimore," their elected/appointed officials, departments, employees, agents, and representatives
from any and all claims, demands, suits and actions including attorneys' fees and court costs
connected therewith, brought against the Lessor and the "Mayor and City Council of Baltimore,"
their elected/appointed officials, departments, employees, agents, and representatives arising as a
result of any direct or indirect, willful, or negligent act or omission of Lessee, its agents, or
employees in the performance of this Lease.
22. HAZARDOUS
SUBSTANCES
( a)
Lessor represents that it has no knowledge as to the presence of any hazardous substance
at the Leased Premises and will not cause such hazardous substances to be stored or deposited at
the Leased Premises for the Term of this Lease and any renewal thereof.
(b)
Lessee represents and warrants that its use of the Leased Premises herein shall not
generate any hazardous substance. Lessee shall not store, deposit, dispose, nor transport to or
over the Property or the Leased Premises any hazardous substance, except in containers or forms
permitted by law. Lessee further agrees to indemnify, defend and hold harmless the Lessor from
and against any release of any such hazardous substance and any damage, loss, or expense or
liability resulting from such release, including but not limited to attorneys' fees, costs and
penalties incurred as a result thereof.
The Lessee's obligations as provided in this Paragraph 22 shall survive the expiration of the
Term or the earlier termination of this Lease.
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The term "hazardous substance" shall be broadly interpreted to mean any substance, waste, or
material defined or designated as hazardous, toxic, radioactive, or other similar term by federal,
state or local environmental law, regulation or rule presently in effect or promulgated in the
future. The term shall also be interpreted to include, but not be limited to any substance, waste,
or material, which may reasonably be anticipated to cause sickness, death or disease after release
into the environment.
(c)
During the Term of this Lease and any renewal thereof, the parties shall notify each
other if they become aware of the presence of any hazardous substance at the Property or the
Leased Premises.
Notwithstanding Paragraph 24 hereof, if as a result of this Lease or the activities
contemplated thereby, an abatement is required with regard to a hazardous substance, including
asbestos, which pre-dates the Commencement Date, then such abatement shall be at the sole cost
of the Lessor.
(d)
10
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26.NOTICES
All notices, requests, demands, and other communications hereunder shall be in writing and shall
be deemed given if personally delivered or by certified mail, return receipt requested to the
following:
Lessor:
Lessee:
Sprint PCS
Real Estate Department
6905 Rockledge Drive, Suite 300
Bethesda, Maryland 20817
301-869-9519 (phone)
301-571-4158 (fax)
AND
Sprint Spectrum, L. P.
Property Department
4900 Main Street
Kansas City, MO 64112
27. NON-WAIVER
A waiver by the Lessor of any provision or Paragraph of this Lease shall not be deemed to be a
waiver of any other provision or Paragraph ofthis Lease. No mention in this Lease of any
specific right or remedy shall preclude the Lessor from exercising any other right or from having
any remedy or from maintaining any action to which the Lessor may be otherwise entitled, either
in law or equity, and the failure of the Lessor to insist in any one or more instances upon a strict
performance of any term or condition of this Lease, or to exercise any option or right herein
contained, shall not be construed as a waiver or relinquishment for the future of such term,
11
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condition, right or option, but the same shall remain in full force and effect unless the contrary is
expressly stated in writing.
The receipt of any sum paid by Lessee to Lessor after a breach of this Lease shall not be deemed
a waiver of such breach unless expressly set forth in writing by Lessor.
28. OPTIONAL TERMINATION
At its sole discretion, Lessor shall have the option of terminating this Lease if Lessee loses its
license to provide WIRELESS/PCS/CELLULAR services for any reason, including but not
limited to, non-renewal, cancellation, or expiration of its license by the Federal Communications
Commission.
29. TAXES
(a) Lessee shall pay its proportionate share of all real property taxes and assessments for the
Leased Premises, if any, which become due and payable during the Tenn of this lease and any
renewal thereof. All such payments shall be made and evidence of all such payments shall be
provided to Lessor. Lessee shall pay all taxes on its equipment and its personal property at the
Leased Premises.
(b) Lessee shall indemnify Lessor from any and all liability, obligation, damages, penalties,
claims, liens, costs, charges, losses and expenses (including, without limitation, attorneys' fees
and court costs, expert witnesses and consultants), which may be imposed upon, incurred by or
be asserted against Lessee in relation to the taxes owed or assessed on the Leased Premises.
30. REPRESENTATIONS
Lessor and Lessee represent that each, respectively, has full right, power, and authority to
execute this Lease.
31. CONSENT TO JURISDICTION
The Lessee irrevocably submits to the jurisdiction of the state courts of the State of Maryland
involving any suit, action or proceeding arising out of or relating to this Lease. The Lessee
irrevocably waives, to the fullest extent permitted by law, any objection that the Lessee may now
or hereafter have to the venue of any such suit, action, or proceeding brought in any state court of
the State of Maryland as being brought in an inconvenient forum.
32. SEVERABILITY
If any term, covenant, or condition of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
11
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IN WITNESS
above written.
WHEREOF,
LESSOR
ATTEST:
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LESSEE
APC REALTY AND EQUIPMENT
COMPANY, LLC.
ATTEST:
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-of
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Associate Counsel
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CITYBOARD
OF SCHOOL
COMMISSIONERS:
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My Commission expires:
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STATE OF
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[DUlll(_i~S~
NOTARY PUBLIC
MARIA USA HANSEN
OO!ARY PUBLIC OF NEW JERSEY
nr1w Commission Expire.Si Oct. 13, 2008
My Commission expires:
iol r=s/o=s.
2
WalbrookTLCM
12/15/00
15
Exhibit A
PROPERTY
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Exhibit C
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* As of the execution date ofthis Lease, Lessee will only have two (2) antenna per frame.
** As of the execution date of this Lease, Lessee will only have one (1) such cabinet.
walbrookExC
11
Exhibit D
ANNUAL
Year 1
$1,675.00
$ 20,100.00
Year2
$1,742.00
$ 20,904.00
Year3
$1,811.68
$ 21,740.16
Year4
$1,884.15
$ 22,609.77
Years
$1,959.51
$ 23,514.16
Year6
$ 2,037.89
$ 24,454.72
Year7
$2,119.41
$ 25,432.91
Years
$2,204.19
Year9
$2,292.35
$ 27,508.24
Year 10
$2,384.05
$ 28,608.57
Year 11
$ 2,479.41
$ 29,752.91
Year 12
$2,578.59
$ 30!943.03
Year13
$ 2,681.73
$ 32,180.75
Year14
$ 2,789.00
$ 33,467.98
Year15
$ 2,900.56
Year16
Lessor's Option
$ 3,016.58
$ 36;198.96
Year17
$3,137.24
$ 37,646.92
Year18
$ 3,262.73
$ 39,152.80
Year19
$ 3,393.24
$ 40,718.91
Year20
$ 3,528.97
26,450.23
34,806.70
42,347.67
$ 598,539.38
walbrook
2-v
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Michael Loucy
Authorizing Name
Title
(Priotffype)
in accordance with Sprint PCS Financial Policy, paragraph 9.1, do hereby delegate my fiscal approval authority to :
Pl-lP3-&JJl
Rachel Susskind
Employee Name
(Print/Type)
Title
13249
20200/20209
20800/20809
23500/23509
20100/20109
26100/26109
22100/22109
This delegation is effective for the period DECEMBER~- 2000 THROUGH DECEMBER.~
, y~~~iw~,
12/22/2000
Date
12/22/2000
Date
A copy of this completed form should accompany all individual financial commitments or expenditure
documentation approved under the above temporary delegation.
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CITY
or
BALTIJ:.v1:0RE
MEMO
DATE:
TO
January 3, 2001
Wesley W. Hunter, Director
Office of Procurement
Room401
Attached please find five (5) original copies of a Communications Lease Agreement
between the New Baltimore City Board of School Commissioners ("BCPSS") and APC Realty
and Equipment Company, LLC ("APC") to lease the rooftop of Wal brook High School (School
No. 411). This Lease has been approved by the Facilities Division.
This Agreement should be placed on the next BCPSS Procurement Agenda. The
CEO's signature will need to be notarized on page 15 of each original.
The five (5) original copies have been approved for form and legal sufficiency.
Furthermore, this Communications Lease Agreement has been executed by Ms. Rachael
Susskind, Acting Director of Site Development for APC. Ms. Susskind was authorized to sign
on behalf of Michael Loucy, the Regional Director of Site Development for APC.
Once the Agreement has been fully executed by the BCPSS, please provide me with
four (4) originals. I will distribute an original to APC and the Facilities Division. If you have
any questions, I can be reached at 410-396-1879.
Attachments
DGW/dw
c:
28-1419-5017
1400-10-53
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Lease Agreement
Walbrook High School #411
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The Chief Executive Officer and the Department of Facilities request the New Board's
approval of a Lease Agreement between the New Board ("Lessor") and APC Realty and
Equipment Company, LLC ("Lessee"). Lessee is a subsidiary of Sprint Spectrum. The
Lease Agreement leases a portion of the roof of Walbrook High School (#411) to Lessee
for the construction, operation, and maintenance of its communication equipment.
The Initial Term shall commence when the Lessee has obtained all the necessary
approvals, including the final review and approval by the Department of Facilities. The
parties shall execute an Amendment when the actual Commencement Date has been
determined. For the first year of the Lease, Lessee shall pay $20,100 in rent. Each year,
the annual rent will increase by four percent (4%). The annual increase of 4% is
designed to take into consideration the appreciation of the rental property. The initial rent
amount and the annually increase of 4% was recommended to the Department of
Facilities and the Office of Legal Counsel by the Baltimore City Real Estate Department.
The Initial Term is five (5) years, and the Lessee may renew the Lease for two (2)
additional terms of five (5) years each. In order to renew the Lease for the additional
terms, the Lessee must provide the Lessor with written notice of its intent to renew at
least ninety (90) days prior to the expiration of the Initial Term and any renewal term.
Pursuant to the comments of the New Board at its meeting of October 10, 2000, a third
renewal term of five (5) years was removed from the Lease. However, the Lessee has
agreed to a third renewal term at the sole and absolute discretion of the Lessor. In order
to renew for the third renewal term, the Lessor must give the Lessee notice of its intent to
renew ninety (90) days before the expiration of the second renewal term.
Upon the default of the Lessee, the Lessor would have the authority to terminate the
Lease.
The Department of Facilities has approved the preliminary plans for the location and
installation of Lessee's equipment. Furthermore, the Lease has been approved for legal
sufficiency.
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Outcome Measure
Approval will allow the Lessee to construct, operate, and maintain communications
equipment at the Walbrook High School on the existing roof for five years from the
Commencement Date. With prior written notice from the Lessee, the Lease will continue
for two additional five-year renewal terms.
Financial Implication
No expenditure required. For the Initial Term, the anticipated revenue is in the amount of
approximately $108,868.09. For the Initial Term and two renewal terms, the anticipated
revenue is in the amount of approximately $402,474.13. For the Initial Term and three
renewal terms, the anticipated revenue is in the amount of $598,539.38.
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Approved by~
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Approved by: / /
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Approved by:
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Counsel
Approved by
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1\pproved by:
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chiefxecutive Officer
'JAN O 9 2001
Date
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