HomeMy WebLinkAbout12-2 Attachment_2_SummariesSummary of
Attachment 2
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Ground Lease Agreement and Settlement Agreement and General Release
Regional Park Site - 10695 Brockway Rd
Ground Lease Agreement
1. Parties: TDPUD
T-MOBILE WEST TOWER LLC
Crown Castle = AT&T's Agent
2. Leased Premises: Regional Park
3. Term: 5 years — July 1, 2016 — June 30, 2021
5 — 5year options for Lessee if Lessee Not in Default
End of Term if All Options Exercised — June 30, 2046
4. Use: Communications equipment and facilities
No Material Modification Without Lessor Approval
5. Rent: $1,200/mon (Plus 50% of Sublease)
Annual CPI increase beginning in 2017
Late Fee — 1%/mon, plus $25
6. Improvements, Utilities and Access:
Improvements Must be Approved by Lessor
Maintain Site and Facilities and Remove Graffiti w/i 72 hours
Lessee to Paint the Tower w/i 12 mons
Access Provided to Lessee for Utilities to Site
Lessor makes no reps for Lessee Access to Site
7. Default and Termination: Lessor May Terminate for Lessor's Default
Lessee May Terminate Upon 180 Days Notice
8. Assignment and Subleasing: Lessee may Assign to an "Affiliate"
Lessee May Sublease — 50% of Gross Sublease Paid to Lessor
9. Misc: Lessee has Limited Right of First Refusal to Purchase Site
Settlement Agreement and General Release
One Time Payment to TDPUD of $100,000 for "Back Rent"
Payment w/i 60 Days
Agree to Enter Into Ground Lease
Mutual Release of Claims
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Summary of Attachment 2
Amended and Re -Stated Ground Lease Agreement
Gateway Water Tank Site — 11280 Valley Road
1. Parties: TDPUD
NCWPCS MPL 28 - YEAR SITES TOWER HOLDINGS LLC (AT&T)
Crown Castle = AT&T's Agent
2. Leased Premises: Gateway Tank Site
Approx. 322 sf Smaller than Original Lease
3. Term: 5 years — July 1, 2016 — June 30, 2021
5 — 5year options for Lessee if Lessee Not in Default
End of Term if All Options Exercised — June 30, 2046
(Term of Original Lease: 30 years — 1999 — 2029)
4. Use: Communications equipment and facilities
No Material Modification Without Lessor Approval
5. Rent: $3,000/mon (Plus 50% of Sublease)
Annual CPI increase beginning in 2017
Late Fee — 1 %/mon, plus $25
6. Improvements, Utilities and Access:
Improvements Must be Approved by Lessor
Maintain Site and Facilities and Remove Graffiti w/i 72 hours
Lessee to Install New Branches on the Tree w/i 12 mons
Access Provided to Lessee for Utilities to Site
Lessor makes no reps for Lessee Access to Site
Lessee Responsible for Snow Removal
7. Default and Termination: Lessor May Terminate for Lessor's Default
Lessee May Terminate Upon 180 Days Notice
8. Assignment and Subleasing: Lessee may Assign to an "Affiliate"
Lessee May Sublease — 50% of Gross Sublease Paid to Lessor (Except
Existing)
9. Misc:
Lessee Pays Lessor $7,500 for Legal Fees
Lessee has Limited Right of First Refusal to Purchase Site
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