HomeMy WebLinkAbout2007.10.09_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
October 9, 2007
6:00 p.m.
Old Central Building
109 N. Birch
Notice and agenda filed in the office of the Ci Clerk and posted on the City Hall bullet' board at 5:00 PM on Friday, October 5, 2007. Qot�,,� /„�
J iann M. Stevens, D putt' City Clerk
1.
2.
3
2
AGENDA
Call to Order
Mayor Stephen Cataudella
Discussion of Community Development Items
Ms. Bishop
Attachment #2
A. Request for Final Plat (1)
Discussion relating to Fire Department Items
Ms. Bishop
Attachment #3
A. Proposed purchase of an Ambulance
Discussion relating to Police Department Items
Ms. Bishop
Attachment #4
A. Proposed Agreement between the City of Owasso and Owasso Public Schools
relating to Police Canine services
S:WgendnNCouncil Work SemionUO07\1009.doc
Owasso City Council
October 9, 2007
Page 2
5. Discussion relating to City Manager Items
Mr. Ray
Attachment #5
A. Appointments to various Boards and Commissions
B. Review of bids received for the renewal of Property Insurance and Worker's
Compensation (memo attached)
C. Proposed agreement between the City of Owasso and Verizon Wireless relating
to the installation of a cellular telephone tower (memo attached)
D. City Manager Report
6. Legislative Update
Ms. Lombardi
7. Report from City Councilors.
8. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing personnel matters relating to the office of the City Manager, such
executive session provided for in O.S. 25, Section 307(B)(1).
Mayor Cataudella
9. Adjournment.
SAAgendaACouncil Work Session\2007\1009.doc
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: FINAL PLAT — PRAIRIE VILLAGE
DATE: October 3, 2007
BACKGROUND:
The City of Owasso has received a request to review and recommend approval of a final plat
proposing one multi - family lot on approximately 2.83 acres located at the northwest corner of
East 110h Street North and North 129h East Avenue. A general area map is attached.
EXISTING/PREVIOUS LAND USE:
Residential
SURROUNDING LAND USE:
Land to the north, south and west of the site is currently used for large -lot single - family
residential purposes. The property across 129t'` East Avenue to the east is undeveloped.
PRESENT ZONING:
RM -1 Multi - family PUD
DEVELOPMENT PROCESS:
The four primary steps in the development of commercial property in Owasso include annexation,
zoning, platting, and site planning.
The third step in the development of property is platting. A preliminary plat is required for any
development that proposes to divide land into two or more lots. Plats illustrate the development
concept for the property, and are often modified significantly after being reviewed by the
Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes,
difficult development issues such as existing utility lines, wells, or easements are brought to light
at the preliminary plat stage and must be remedied prior to development.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
ANALYSIS:
The applicant is requesting this review in order to facilitate a senior independent living multi-
family development on 2.83 acres. Since this is a one lot development there is no preliminary plat
required. In a regional context, this proposed addition is in conformance with the Owasso 2015
Land Use Master Plan, as the area is forecasted for transitional development. Already, there is an
emerging pattern of new development occurring along 116`h Street, with Brookfield Crossing and
Remington Place to the west and Garrett Creek and Morrow Place to the east.
The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code.
The development will be served by water by Washington County Rural Water District #3 and sewer by
the City of Owasso.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee reviewed the final plat September 26, 2007. At that
meeting, utility providers, as well as staff, were afforded the opportunity to comment on the plat
and request any additions and/or concerns. The Technical Advisory Committee placed the
following comments on the plat:
1. Storm siren fee: $16 per acre, $45.28 total
2. Remove the 24.5' statutory right -of -way notation
3. Show a 20' utility easement on the south and east sides of the property
4. Show required plat language in the declaration of covenants
PLANNING COMMISSION HEARING:
The Owasso Planning Commission will hear the request on October 8, 2007.
RECOMMENDATION:
The staff intends to recommend approval of the Prairie Village final plat subject to the Technical
Advisory Committee requirements described above.
ATTACHMENTS:
1. Location Map
2. Final Plat
L;-
e�
Subject
1 1 '
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www. city ofowasso.com
Final Plat
Prairie Villiage Addition
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARK
FIRE CHIEF
SUBJECT: AMBULANCE BIDS
DATE: October 2, 2007
BACKGROUND:
The Fiscal Year 2007 -2008 ambulance capital budget provides funding for the purchase
of an ambulance. The current fleet includes two front line ambulances and two
ambulances in reserve. One of the reserve ambulances is 10 years old and the remaining
reserve ambulance is scheduled to be refurbished and remounted on a new chassis later
this calendar year, as awarded by the City Council in December, 2006. The chassis for
this remount project was ordered on December 28, 2006 and has a scheduled build date
of October 15, 2007. In short, it has taken approximately 11 months from the order date
before the chassis is ready for delivery to the vendor who will then refurbish the reserve
ambulance.
In January, the fire department formed an apparatus need analysis team whose mission
was to evaluate the existing and future needs of Owasso Fire Department apparatus. It
was determined each fire station would need a front line reliable apparatus and that an
additional ambulance should be purchased before the fire department operates three fire
stations. The long -term plan of refurbishing the ambulances and remounting the existing
ambulance modules on new chassis was determined to remain a valid approach in terms
of efficiency and fiscal responsibility, however, the prolong build time associated with
custom apparatus compelled staff to consider a variety of other possibilities. The best
solution to ensure the reliability of the ambulance fleet is to purchase an existing
ambulance.
EVALUATION OF BIDS:
Staff created a Request For Proposals (RFP) for an existing ambulance and submitted
these requirements to five (5) ambulance vendors. A bid opening was held at City Hall
on October 2, 2007 at 2:00 PM and staff is currently reviewing the following four bids
received from three separate vendors:
Fleet Resources, LLC (Joplin, MO):
Type III Excellance Ambulance on a 2006 GM C4500 chassis
13,500 miles
$158,287.23
(can reduce by $2,000 if we take delivery in Minnesota)
2. Midwest Vehicle Professionals, Inc. (York, NE):
Type III Medtec PD -168 Ambulance on a 2004 Ford E450 Chassis
No mileage identified in bid
$110,000.00
3. Professional Ambulance (Comanche, TX): 2 Bids:
Type III Horton 555B Medium Duty Ambulance on a 2007 GM C4500 chassis
No mileage identified in bid
$165,455.00
Type III Horton 623 Medium Duty Ambulance on International 4300 Navistar chassis
No mileage identified in bid
$189,545.00
j FUNDING:
The FY 2007 -08 budget includes funding in the amount of $150,000 for this ambulance
purchase, which includes many of the equipment items required to place the ambulance
in service.
RECOMMENDATION:
Staff is currently reviewing the Bids for completeness and accuracy and will provide
comments to the City Council at the October worksession. Unless there are concerns
presented by City Council, staff intends to recommend Council award the successful bid
at the Regular Council Meeting on October 16, 2007.
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT: CANINE AGREEMENT WITH OWASSO PUBLIC SCHOOLS
DATE: October 4, 2007
BACKGROUND:
In July 2007, officials from the Owasso Public School System approached the Owasso
Police Department about providing canine drug search services to the school's facilities.
The school's "Safe Committee" felt it was imperative that canine services be coordinated
with the Police Department and its school resource officer. In the past, the school has
utilized a private vendor to perform such services.
Initial discussions regarding this agreement in July 2007 and as outlined in the attached
written agreement calls for the Owasso Police Department to conduct approximately 279
hours of canine search to begin immediately and continue throughout the remainder of
the 2007 -2008 school year. The attached agreement has been reviewed and approved by
the city attorney and city administration.
REQUEST:
The request is for Council approval of the canine agreement between the City of Owasso
and the Owasso Public Schools.
FUNDING:
If approved, the Owasso Public Schools agrees to pay the City of Owasso $1,000 per
month for a period of ten months, not to exceed $10,000 in total, for the performance of
canine searches as outlined in the attached agreement.
RECOMMENDATION:
The staff intends to recommend Council approval of an agreement between the City of
Owasso and Owasso Public Schools for the purpose of providing canine search services.
ATTACHMENT:
1. Canine Agreement between the City of Owasso and Owasso Public Schools.
Agreement
This agreement made and entered into this — day of , 2007 by and
between the Owasso Public Schools, hereinafter referred to as CLIENT and Owasso
Police Department K -9 Unit, hereinafter referred to as OPD K -9 Unit.
Whereas, OPD K -9 Unit is in the business of developing and implementing
narcotics control programs which may include consultation seminars, lectures, canine
searches and other valuable educational services: and whereas, CLIENT desires that OPD
K -9 Unit assist CLIENT in developing and implementing such a program at and on its
premises.
Now, therefore, in consideration of the mutual covenants and agreements set forth
herein, OPD K -9 Unit and CLIENT agree as follows:
I. Term: This Agreement shall continue in force and effect for a period of one
school year. Either party to this agreement may cancel the agreement by
notifying the other parry in writing within thirty (30) days prior to the date of
termination. This Agreement does not include an automatic renewal of
clause.
2. OPD K -9 Unit's Status As Independent Contractors: It is understood that
the duties and services to be carried out by OPD K -9 Unit shall be those
prescribed by CLIENT. However, the means of carrying out said duties shall
be within the sole discretion of OPD K -9 Unit unless otherwise specified,
including but not limited to; the number of narcotics control agents employed
by OPD K -9 Unit; the hours and nature of said agents' duties: the manner and
techniques employed by said agents in accomplishing the services prescribed
by the CLIENT; the tools and materials utilized by said agents in the
performance of their duties; and the manner of hiring, training, equipping,
supervising, directing discharging of all agents. Further, the payment of
federal, state, county, and/or municipal taxes, social security benefits,
unemployment compensation taxes and overtime wages (other than overtime
authorized by CLIENT) shall be the sole function and responsibility of OPD
K -9 Unit. OPD K -9 Unit, as well as its agents and employees, shall assume
the status of independent contractor under the terms of the agreement, to the
exclusion of any other employment status including, but not limited to:
employee, agent, servant, principal, partner, and/or joint venturer.
3. Insurance: OPD K -9 Unit will maintain self insurance through the City of
Owasso.
4. Change In The Law: If there is enacted by law, regulation, promulgation
ruling or other such mandate, by any authority having jurisdiction over the
hours of service, rate of pay, working conditions, costs of performing the
services herein provided for, or any other such action which affects the subject
matter of the Agreement, CLIENT agrees that this agreement will be subject
to revisions and modifications.
5. Entire Agreement: This agreement contains the full and entire agreement of
the parties herein, and any prior agreements, whether written or oral, are of no
further force or effect. This agreement may not be changed orally but only by
an agreement in writing and signed by the party against whom enforcement or
any waiver, change, modification, extension or discharge is sought.
6. Illeizal Substances: Any drugs, narcotics, drug paraphernalia and/or any other
illegal substances discovered as a result of searches conducted by OPD K -9
Unit as set out herein shall be confiscated by the narcotics control agent in
charge of the search. Said illegal substances shall be tagged, secured
appropriately, and handled and disposed of in accordance with OPD protocol.
7. Services: OPD K -9 Unit shall provide and CLIENT shall receive the
following:
I. Client shall receive a total of 279 hours to be distributed
throughout the contract term of August, 2007 through May 2008
for consultation and canine search from OPD K -9 Unit.
II. OPD K -9 Unit may sign in at each school location as designated by
each building principal.
Extra Curricular Activities
Extracurricular activities shall be included only at the specific request of
the building principal.
8. Payment Schedule: CLIENT shall remit ten payments to OPD K -9 Unit in
the amount of $1,000. Payment will be due September 2007 through June
2008. Unless agreed to in writing by the parties herein, CLIENT will not
incur expenses under this agreement in excess of $10,000. All payments
required herein shall be forwarded to City of Owasso, Attention Dan Yancy,
111 N. Main, Owasso, OK 74055.
Owasso Public Schools
Signature, Title
Witness Signature
Mayor, City of Owasso
Signature, Title
Witness Signature
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: MICHELE DEMPSTER
HUMAN RESOURCE DIRECTOR
SUBJECT: PROPERTY INSURANCE RENEWAL
DATE: October 2, 2007
BACKGROUND:
Each year the City's property casualty coverage renews on November 1St. This policy provides
coverage for City property, including non - building items (i.e. traffic lights and pump stations)
similar to homeowners insurance. Renewal quotes are being obtained by the City's agent of
record based on the current deductible of $25,000.
PPnPnv%A1.-
The City must enter into a contract for property coverage prior to the November 1St renewal date.
The cost of last year's coverage was $22,675, which was below the City Manager's spending
limit. However, should the renewal be quoted at a rate which exceeds the City Manager
spending limit, staff will place this item on the October 16, 2007 City Council agenda requesting
authorization for the City Manager to approve a renewal contract for property coverage.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
ASSISTANT CITY MANAGER
SUBJECT: VERIZON WIRELESS CELL TOWER
SPORTS PARK LAND LEASE
DATE: October 4, 2007
BACKGROUND:
In May of this year, City personnel were contacted by Verizon Wireless regarding the
possibility of leasing space on city owned property in order to install a cellular telephone
tower. Specifically, the area in which Verizon was requesting to install the cellular tower
was the square mile area bounded by E. 106th Street North, Mingo Road, E. 116`" Street
North, and Garnett Road.
Upon receipt of the request, staff initially directed personnel from Verizon to review the
potential for locating on the new water tower located approximately '/2 mile south of E.
106th Street North. It was hoped that Verizon could locate on the top of this existing
structure as it would likely be higher than any structure that would be located in their
"preferred" location and it would avoid the construction of a tower. Unfortunately, the
water tower site did not meet site requirements for Verizon's coverage area and
engineering personnel from Verizon provided certification that the water tower site
would not work.
Staff than began the process of identifying potential land owned by the City of Owasso in
the preferred area that could be suitable to meet the needs of Verizon wireless. The site
selected by staff, as well as Verizon, is located south of existing ball fields in the Sports
Park. A copy of a proposed site plan is attached for your information and review.
PROPOSED LEASE:
Staff and Verizon have been in negotiations a large portion of the summer in order to
develop a lease agreement for the proposed site. The proposed lease would allow /provide
for the following:
• Construction of a 120' mono pole on the identified site
• An equipment building and security fence at the base of the tower
• The ability for the City of Owasso to co- locate on the tower, free of charge, to
address any of its radio and/or wireless computer antennae needs
• A lease period of five years
• Lease is automatically extended for four (4) additional five (5) year terms unless
written notification is received 6 months prior to the end of the term
• $9,600 annually in one payment as opposed to a monthly payment for each of
the first five (5) years
• Lease amount increases to $11,040, $12,696, $14,600.40, and $16,790.46 for
each successive five (5) year period
• Requirement for the removal of the equipment building, tower structure, and
fencing at the termination of the lease
• If Verizon should sublet any portion of the tower for co- location purposes, all
rental fees paid by subleassee(s) shall be divided between Verizon and the City
of Owasso in a 75% and 25% ratio
• A copy of the proposed lease agreement is attached for your information and
review
ADDITIONAL COMMENTS:
The proposed location for the cellular tower would not impact any existing or future
planned expansion of the ball fields at the Sports Park. The minimum distance
requirements from residential property have been met and are in accordance with the City
of Owasso's cellular tower ordinance.
Mr. White was instrumental in assisting with the terms of the proposed lease. Ms.
Lombardi has reviewed the proposed lease agreement.
RECOMMENDATION:
Providing there are no concerns expressed by the City Council at the work session, staff
intends to recommend approval of the lease agreement and authorization for the Mayor to
execute the agreement.
ATTACHMENTS:
1. Site Plans (2)
2. Example of Monopole
3. Example of Equipment Building and Security Fencing
4. Proposed Lease Agreement
Lecise Am a.
"Pro po s COL
Verizorl 4-0 x 4'0
lea se we a
SITE NAME: Owasso_ Sports_Park_OK
SITE NUMBER: 168375A
LAND LEASE AGREEMENT
This Agreement, made this day of , 2007 between City of
Owasso, a Municipal Corporation, with its principal offices located at 111 N. Main, Owasso, OK
74055, Tax ID # hereinafter designated LESSOR and Cellco Partnership d/b /a
Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100,
Basking Ridge, New Jersey 07920, hereinafter designated LESSEE. The LESSOR and LESSEE
are at times collectively referred to hereinafter as the "Parties" or individually as the "Party".
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of
property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at
10320 E. 116th Street North, City of Owasso, County of Tulsa, State of Oklahoma, and being
described as a 30' by 35' parcel containing 1,050 square feet (the "Land Space "), together with the
non - exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty-four
(24) hours a day, on foot or motor vehicle, including trucks over or along a twenty (20') foot wide
right -of -way extending from the nearest public right -of -way, E 116th Street North, to the Land
Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes
over, under, or along one or more rights of way from the Land Space, said Land Space and Rights
of Way (hereinafter collectively referred to as the "Premises ") being substantially as described
herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the
Tax Map of the Tulsa County Assessor as Account #'s 10630 and 20155 of and is further described
in Deed Book 5238 at Pagel894 and Deed Book 5238 at Page 1897 as recorded in the Office of
County Clerk of Tulsa County, Oklahoma.
In the event any public utility is unable to use the Rights of Way, the LESSOR hereby
agrees to grant an additional right -of -way either to the LESSEE or to the public utility at no cost to
the LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached
hereto and made a part hereof, and shall control in the event of boundary and access discrepancies
between it and Exhibit "A ". Cost for such work shall be borne by the LESSEE.
3. TERM. This Agreement shall be effective as of the date of execution by both
Parties, provided, however, the initial term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and
be due at a total annual rental of Nine Thousand Six Hundred Dollars ($9,600.00) to be paid in in
advance to LESSOR or to such other person, firm or place as LESSOR may, from time to time,
designate in writing at least thirty (30) days in advance of any rental payment date by notice
given in accordance with Paragraph 23 below. Upon agreement of the Parties, LESSEE may pay
rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank
routing information for such purpose upon request of LESSEE. The Agreement shall commence
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SITE NAME: Owasso_ Sports_Park_OK
SITE NUMBER: 168375A
on the first day of the month following the date LESSEE commences installation of the
equipment on the Premises, or on December 1, 2007, whichever occurs first.
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE terminates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of
the then current term.
5. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension
term shall be increased to Eleven Thousand Forty Dollars ($11,040.00); the annual rental for the
second (2nd) five (5) year extension term shall be increased to Twelve Thousand Six Hundred
Ninety Six Dollars ($12,696.00); the annual rental for the third (3rd) five (5) year extension term
shall be increased to Fourteen Thousand Six Hundred and 40/100 Dollars ($14,600.40); and the
annual rental for the fourth (4th) five (5) year extension term shall be increased to Sixteen
Thousand Seven Hundred Ninety and 46/100 Dollars ($16,790.46).
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension
term this Agreement, LESSEE has provided written notice of its intent to extend the Agreement at
least three (3) months prior to the end of such term, this Agreement shall continue in force upon the
same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms
thereafter so long as LESSEE continues to provide written notice of its intent to further extend the
Agreement at least three (3) months prior to the end of such term. Annual rental for each such
additional five (5) year term shall be equal to one hundred fifteen percent (115 %) of the annual
rental payable with respect to the immediately preceding five (5) year term. The initial term and all
extensions shall be collectively referred to herein as the "Term ".
7. USE: GOVERNMENTAL APPROVALS.
a. LESSEE shall use the Premises for the purpose of constructing, maintaining,
repairing and operating a communications facility and uses incidental thereto. A security fence
consisting of chain link construction or similar but comparable construction shall be placed around
the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All
improvements, equipment, antennas and conduits shall be at LESSEE's expense and their
installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to
replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any
portion thereof and the frequencies over which the equipment operates, whether the equipment,
antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the
Term. It is hereby understood and agreed between the Parties that, upon construction of the
tower, LESSOR shall have the right to install LESSOR's communications equipment, antennas
and conduits upon LESSEE's tower at no rental cost to LESSOR. Subject to the provisions of
Paragraph 12 below, LESSEE hereby grants permission to LESSOR to install, maintain and operate
the communications equipment, antennas and appurtenances of the type described in Exhibit "C"
attached hereto or equipment that is of a type that is substantially similar and equivalent to such
equipment. LESSOR may exercise its option to install said equipment upon providing written
notice to LESSEE at least thirty (30) days prior to its anticipated installation. LESSOR and
`A
SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
LESSEE shall make a good faith effort to coordinate an arrangement which will allow LESSOR
access to the Premises for the installation and maintenance of LESSOR's equipment.
b. It is understood and agreed that LESSEE's ability to use the Premises is contingent
upon its obtaining after the execution date of this Agreement all of the certificates, permits and
other approvals (collectively the "Governmental Approvals ") that may be required by any Federal,
State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of
the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such
approvals and shall take no action which would adversely affect the status of the Property with
respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for
such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued
to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental
authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a
timely manner; (iv) LESSEE determines that any soil boring tests are unsatisfactory; (v) LESSEE
determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in
its sole discretion, determines that it will be unable to use the Premises for its intended purposes,
LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its
right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested,
and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as
designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR.
Upon such termination, this Agreement shall be of no further force or effect except to the extent of
the representations, warranties and indemnities made by each Party to the other hereunder.
Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR.
8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify
and hold the other harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the indemnifying
Party, its employees, contractors or agents, except to the extent such claims or damages may be
due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
9. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for
negligence against the other which may hereafter arise on account of damage to the Premises or
to the Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts,
such insurance is now or hereafter carried by the Parties, or either of them. These waivers and
releases shall apply between the Parties and they shall also apply to any claims under or through
either Party as a result of any asserted right of subrogation. All such policies of insurance
obtained by either Party concerning the Premises or the Property shall waive the insurer's right of
subrogation against the other Party.
b. LESSOR and LESSEE each agree that at its own cost and expense, each
will maintain commercial general liability insurance with limits not less than $1,000,000 for
3
I'
SITEI NAME: Owasso_Sports_Park OK
SITEI NUMBER: 168375A
injury to or death of one or more persons in any one occurrence and $500,000 for damage or
destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will
include the other Party as an additional insured.
10. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs
8 and 28, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages, whether
under theory of contract, tort (including negligence), strict liability or otherwise.
11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods,
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that three (3) months prior notice is given to LESSOR.
12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed
on the Property prior to the date this Agreement is executed by the Parties. In the event any after -
installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE
in writing of such interference, LESSEE will take all commercially reasonable steps necessary to
correct and eliminate the interference, including but not limited to, at LESSEE's option,
powering down such equipment and later powering up such equipment for intermittent testing.
In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as
long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees
that LESSOR and/or any other tenants of the Property who currently have or in the future take
possession of the Property will be permitted to install only such equipment that is of the type and
frequency which will not cause harmful interference which is measurable in accordance with then
existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge
that there will not be an adequate remedy at law for noncompliance with the provisions of this
Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without
limitation, injunctive relief and specific performance.
13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s),
antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and
restore the Premises to its original condition, reasonable wear and tear and casualty damage
excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and
personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall
have the right to remove the same at any time during the Term, whether or not said items are
considered fixtures and attachments to real property under applicable Laws (as defined in
Paragraph 32 below). If such time for removal causes LESSEE to remain on the Premises after
termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the
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SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
existing monthly pro -rata basis if based upon a longer payment term, until such time as the
removal of the building, antenna structure, fixtures and all personal property are completed.
14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part
thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the
Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties
are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds
over in violation of Paragraph 13 and this Paragraph 14, then the rent then in effect payable from
and after the time of the expiration or earlier removal period set forth in Paragraph 13 shall be
increased to one hundred and ten percent (110 %) of the rent applicable during the month
immediately preceding such expiration or earlier termination.
15. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or
otherwise transfer all or any portion of the Property, whether separately or as part of a larger
parcel of which the Property is a part, or (ii) grant to a third party by easement or other legal
instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger
portion thereof, for the purpose of operating and maintaining communications facilities or the
management thereof, with or without an assignment of this Agreement to such third party,
LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the
same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within
thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the
easement or interest in the Property or portion thereof to such third person in accordance with the
terms and conditions of such third party offer. For purposes of this Paragraph, any transfer,
bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR,
whether by will or intestate succession, shall not be considered a sale of the Property for which
LESSEE has any right of first refusal.
16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to
sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to
a third party by easement or other legal instrument an interest in and to that portion of the
Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and
maintaining communications facilities or the management thereof, such sale or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser
or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To
the extent that LESSOR grants to a third party by easement or other legal instrument an interest
in and to that portion of the Property occupied by LESSEE for the purpose of operating and
maintaining communications facilities or the management thereof and in conjunction therewith,
assigns this Agreement to said third party, LESSOR shall not be released from its obligations to
LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the
third party for the full performance of this Agreement.
17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
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SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
18. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no liens, judgments or impediments of
title on the Property, or affecting LESSOR's title to the same and that there are no covenants,
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
19. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition, variation or modification to
this Agreement shall be void and ineffective unless made in writing signed by the Parties. In the
event any provision of the Agreement is found to be invalid or unenforceable, such finding shall
not affect the validity and enforceability of the remaining provisions of this Agreement. The
failure of either Party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights under the Agreement shall not waive such rights and
such Party shall have the right to enforce such rights at any time and take such action as may be
lawful and authorized under this Agreement, in law or in equity.
20. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State in which the Property is
located.
21. ASSIGNMENT.
a. This Agreement may be sold, assigned or transferred by the LESSEE without any
approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of LESSEE's assets in the market
defined by the Federal Communications Commission in which the Property is located by reason
of a merger, acquisition or other business reorganization. As to other parties, this Agreement
may not be sold, assigned or transferred without the written consent of the LESSOR, which such
consent will not be unreasonably withheld, delayed or conditioned. No change of stock
ownership, partnership interest or control of LESSEE shall constitute an assignment hereunder.
b. LESSEE may sublease any portion of the Premises at its sole discretion, upon
notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the
provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal
representatives of the respective parties hereto. The term "Sublease ", "Sublet ", "Sublessee" and
any other similar term shall apply to any situation by which LESSEE allows a third party use of
the Property for co- location, whether it be by formal sublease, license or other agreement. All
rights and responsibilities of LESSEE set forth in this Agreement shall be enjoyed by and
binding on any Sublessee.
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SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
C. In the event LESSEE subleases any portion of the Property, in accordance with
this Agreement, any rental paid by any Sublessee(s) shall be divided between the LESSOR and
the LESSEE in the following manner: 25% to LESSOR and 75% to LESSEE. Any Sublessee
shall be instructed to pay the foregoing percentage amounts directly to the LESSOR and the
LESSEE. The LESSEE shall not be responsible to the LESSOR for the collection or payment of
rents by the Sublessee to the LESSOR, and the LESSEE shall have no liability to the LESSOR in
the event of failure of payment by Sublessee. In this event: (i) the LESSEE shall have no
liability of any nature to the LESSOR for failure to sublet all or any part of the Premises to any or
all potential Sublessee (s); and (ii) at LESSOR'S request, LESSEE will provide LESSOR with a
tri -party agreement to be executed by the LESSEE, it's Sublessee, and LESSOR to confirm direct
payment obligation from the Sublessee to the LESSOR and to indicate LESSOR has been
notified of the sublease.
d. It is understood and agreed by the Parties that the foregoing rental percentage
amounts shall only apply if the LESSEE is able to accommodate all of Sublessee's facilities
within LESSEE's Premises. If the LESSEE is unable to accommodate any or part of Sublessee's
facilities within the Premises, then LESSOR may enter into an agreement with the Sublessee for
a portion of the Property that Sublessee requires to locate its facilities. In this event, LESSEE
shall receive 100% of the rental for that portion of the facilities that are located within the limits
of the Premises and LESSOR shall receive 100% of the rental, negotiated by the LESSOR and
Sublessee, for the portion of Sublessee's facilities that are located on the Property outside
LESSEE's Premises.
e. Notwithstanding any other provision of this Agreement, the LESSEE shall not be
required to obtain approval from the LESSOR for the Subletting of the Premises or part thereof.
The LESSEE shall have the sole right to determine whether it will Sublet any portion of the
Premises or whether it will sublease to any specific Sublessee.
22. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
LESSOR:
LESSEE: Cellco Partnership
d/b /a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
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SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
24. SUBORDINATION AND NON - DISTURBANCE. LESSOR shall obtain not later
than fifteen (15) days following the execution of this Agreement, a Non - Disturbance Agreement,
as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the
Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease,
ground lease, mortgage, deed of trust or other security interest (a "Mortgage ") by LESSOR which
from time to time may encumber all or part of the Property or right -of -way; provided, however,
as a condition precedent to LESSEE being required to subordinate its interest in this Agreement
to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a
non - disturbance and attornment agreement for LESSEE's benefit in the form reasonably
satisfactory to LESSEE, and containing the terms described below (the "Non- Disturbance
Agreement "), and shall recognize LESSEE's right to remain in occupancy of and have access to
the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and
cure periods. The Non - Disturbance Agreement shall include the encumbering party's
( "Lender's ") agreement that, if Lender or its successor -in- interest or any purchaser of Lender's or
its successor's interest (a "Purchaser ") acquires an ownership interest in the Property, Lender or
such successor -in- interest or Purchaser will (1) honor all of the terms of the Agreement, (2)
fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then - existing
LESSOR defaults under the Agreement. Such Non - Disturbance Agreement must be binding on
all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender
and/or its participants and on all Purchasers. In return for such Non - Disturbance Agreement,
LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the
Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2)
agrees to attorn to Lender if Lender becomes the owner of the Property, (3) agrees to give Lender
copies of whatever notices of default LESSEE must give LESSOR, (4) agrees to accept a cure by
Lender of any of LESSOR's defaults, provided such cure is completed within the deadline
applicable to LESSOR, (5) agrees to not pay rent more than one month, or one year in the event
the rent is paid annually, in advance and (6) agrees that no material modification or material
amendment of the Agreement will be binding on Lender unless it has been consented to in
writing by Lender. LESSOR and LESSEE agree that, for the purposes of Paragraph 24,
nonmaterial amendments or modifications shall include, but shall not be limited to, the
following: (i) any extension of the term of the Agreement, (ii) any addition to, alteration,
modification, or replacement of LESSEE's equipment, (iii) any relocation of LESSEE's
equipment, (iv) any increase in the rent, and (v) any decrease in the rent, provided however, that
such an amendment shall become material should the decrease in rent result in rent lower than
the amount then prescribed by the unamended Agreement. In the event LESSOR defaults in the
payment and/or other performance of any mortgage or other real property interest encumbering
the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's
default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and
equities of the holders of such mortgage or other real property interest and LESSEE shall be
entitled to deduct and setoff against all rents that may otherwise become due under this
Agreement the sums paid by LESSEE to cure or correct such defaults.
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SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
25. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
26. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to
cure any non - monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and until LESSEE
has failed to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days
in which to cure any such breach, provided LESSOR shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and until LESSOR
has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding
the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within
five (5) days after receipt of written notice of such breach, to perform an obligation required to be
performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's
ability to conduct its business on the Property; provided, however, that if the nature of
LESSOR's obligation is such that more than five (5) days after such notice is reasonably required
for its performance, then it shall not be a default under this Agreement if performance is
commenced within such five (5) day period and thereafter diligently pursued to completion.
27. REMEDIES. Upon a default, the non - defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf, including but not limited to the obtaining of reasonably required insurance
policies. The costs and expenses of any such performance by the non - defaulting Party shall be
due and payable by the defaulting Party upon invoice therefor. In the event of a default by either
Party with respect to a material provision of this Agreement, without limiting the non - defaulting
Party in the exercise of any right or remedy which the non - defaulting Party may have by reason
of such default, the non - defaulting Party may terminate the Agreement and/or pursue any remedy
now or hereafter available to the non - defaulting Party under the Laws or judicial decisions of the
state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts
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SITE NAME: Owasso_Sports_Park_OK
SITE NUMBER: 168375A
to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of
LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall
pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the
date of payment at the greater of (i) ten percent (10 %) per annum, or (ii) the highest rate
permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE
the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the
amount due from LESSOR, LESSEE may offset the full undisputed amount, including all
accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount,
including all accrued interest, is fully reimbursed to LESSEE.
28. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to activity now conducted in, on, or in any way related to the Property, unless such
conditions or concerns are caused by the specific activities of LESSEE in the Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply with
any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-
compliance results from conditions caused by LESSEE; and b) any environmental or industrial
hygiene conditions arising out of or in any way related to the condition of the Property or
activities conducted thereon, unless such environmental conditions are caused by LESSEE.
29. CASUALTY. In the event of damage by fire or other casualty to the Premises that
cannot reasonably be expected to be repaired within forty -five (45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE
may, at any time following such fire or other casualty, provided LESSOR has not completed the
restoration required to permit LESSEE to resume its operation at the Premises, terminate this
Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall
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SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
abate during the period of repair following such fire or other casualty in proportion to the degree
to which LESSEE's use of the Premises is impaired.
30. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises
for the purposes intended hereunder, or if such condemnation may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty -five (45) days, LESSEE may, at
LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have
given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15)
days after the condemning authority shall have taken possession) terminate this Agreement as of
the date the condemning authority takes such possession. LESSEE may on its own behalf make
a claim in any condemnation proceeding involving the Premises for losses related to the
equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss
of its leasehold interest). Any such notice of termination shall cause this Agreement to expire
with the same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment
as of such termination date with respect to payments due to the other under this Agreement. If
LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement
shall remain in full force and effect as to the portion of the Premises remaining, except that the
rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to
the total rentable area of the Premises. In the event that this Agreement is not terminated by
reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused
by such condemning authority.
31. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY /AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Party
has the full right, power and authority to enter into and execute this Agreement on such Party's
behalf and that no consent from any other person or entity is necessary as a condition precedent
to the legal effect of this Agreement.
32. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in
compliance with all applicable laws, rules, regulations, ordinances, directives, covenants,
easements, zoning and land use regulations, and restrictions of record, permits, building codes,
and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect
or which may hereafter come into effect (including, without limitation, the Americans with
Disabilities Act and laws regulating hazardous substances) (collectively "Laws "). LESSEE shall,
in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with
(a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other
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SITE NAME: Owasso Sports
SITE NUMBER: 168375A
than general office use); and (b) all building codes requiring modifications to the Premises due to
the improvements being made by LESSEE in the Premises.
33. SURVIVAL. The provisions of the Agreement relating to indemnification from one
Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
34. CAPTIONS. The captions contained in this Agreement are inserted for convenience
only and are not intended to be part of the Agreement. They shall not affect or be utilized in the
construction or interpretation of the Agreement.
[SIGNATURE PAGE TO FOLLOW]
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SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
WITNESS
WITNESS
13
LESSOR:
City of Owasso, a Municipal Corporation
itz
Date:
LESSEE:
Cellco Partnership
d/b /a Verizon Wireless
By:
Hans F. Leutenegger
Its: Area Vice President, Network
South Area
Date:
SITE NAME: Owasso_Sports_Park—OK
SITE NUMBER: 168375A
Exhibit "A"
(Sketch of Premises within Property)
SITE NAME: Owasso_Sports_Park—OK
SITE NUMBER: 168375A
Exhibit "B"
(Survey)
10/04/07
SITE NAME: Owasso Sports_Park_OK
SITE NUMBER: 168375A
Exhibit "C"
LESSEE is authorized to install and maintain equipment of the following type:
ANTENNA INFORMATION
ANTENNAS: Either a 60 or 180 degree panel antenna
(approximately 12" x 12" and a weight of 5lbs.)
1 or 2 LMR400 Coax cables (1/2 inch)
@ a height not to exceed 100'
Frequency: 2.4Ghz, 5.2Ghz, 5.3Ghz, 5.8 Ghz, or 4.9 Ghz