HomeMy WebLinkAboutA016 - Resolution approving fourth amendment to lease with T-Mobile Central LLC, for cellular antennas on BRET water towerITEM #:19
DATE:09-23-25
DEPT:ADMIN
SUBJECT:AMENDMENT TO LEASE WITH T-MOBILE CENTRAL LLC FOR CELLULAR
ANTENNAS ON BRET WATER TOWER
COUNCIL ACTION FORM
BACKGROUND:
In 1996, the City entered into an agreement to lease space on the BRET water tower (2521
Bloomington Rd) to Western Wireless. Through a series of reorganizations, the lease is
currently held by T-Mobile Central, LLC. The lease is currently in its final five-year renewal
term, and is set to expire on December 31, 2026. T-Mobile has requested an amendment to
provide for ten additional five-year renewal terms beginning January 1, 2027.
The rent received by the City under the agreement is currently $2,011.36 per month. Under
the existing lease, the rent charged to T-Mobile increases by 15% or the change in the
Consumer Price Index (CPI) during the previous five-year term, whichever is greater. For the
amended lease, T-Mobile requested to eliminate the CPI provision, leaving the rent to increase
by the fixed 15% every five years.
Since the lease was signed in 1996, the CPI has never exceeded 15% in any of the five-year
renewal terms, and therefore rent has only increased by the fixed 15% each time. However,
the CPI is on track to exceed 15% over the five-year period coinciding with the end of the
current renewal term (estimated to be between 15% and 20%).
Despite the CPI provision not being frequently exercised, City staff believes it is an important
protection. In response to City staff's concerns, T-Mobile has agreed to retain the 15% or
CPI provision for rent increases, but an increase related to CPI would be capped at 20%.
Based on the City's experience with this provision, City staff is recommending
accepting this modification.
No other substantive provisions of the lease are modified with the proposed lease
amendment. The original lease and amendment are attached for the City Council's review.
ALTERNATIVES:
1. Approve the attached fourth amendment to the tower lease with T-Mobile Central LLC.
2. Do not approve the lease amendment, and allow the lease to expire on December 31,
2026.
3. Refer this item to staff for further information.
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CITY MANAGER'S RECOMMENDED ACTION:
T-Mobile has maintained equipment on the BRET Water Tower for nearly 30 years. The
original lease is set to expire at the end of 2026. The proposed amendment would
extend the lease largely unchanged from the current provisions. The rent escalation
term in the proposed lease contains a minor modification that caps T-Mobile's exposure
to rent increases. However, based on past experience, staff believes the revised rent
cap provisions still afford the City acceptable compensation for the use of the water
tower. Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
ATTACHMENT(S):
Existing BRET Tower Lease - TMobile.pdf
DM01170E Fourth Amendment - T-Mobile Central - IA - FINAL 2.pdf
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Site: DM-lt70-E
Market: Des Moines. MTA
Tower Lease with Option
THIS TOWER LEASE WITH OPTION AGREEMENT (this "Lease") is effective
this 3rd day of December, 1996, between City of Ames.Iowa, ("Landlord"), alrd Westem
PCS I Corporation, a Delaware corporation ("Tenant").
l. Option to Lease.
(a) In consideration ofthe payment ofTwo Thousand Dollars ($2.000.00)
(the "Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to
lease the use ofa portion ofthe tower and real property described in attached Exhibit A (the
"Property"), onthe terrns and conditions set forth herein (the "Option"). The Option shall be
for an initial term commencing on the date hereof and ending Decenrber 26, l9lll(the
"Option Period"). The Option Period may be extended by Tenant for an additio'nal 12 months
upon written notice to Landlord and payment of the sum of Two Thousand Dollars
($ro00-00) ("Additional Option Fee") at any time prior to the end of the Option Period.
(b) If Tenant exercises the Option, then, subject to the following terms and
conditions, Landlord hereby leases to Tenant (the "Lease") the use of that portion of the
tower and Property, together with easements for access and utilities, described and depicted
on attached Exhibit B (collectively referred to hereinafter as, the "Premises").
2. Term. The initial term of this Lease shall be five years commencing on the
exercise ofthe optionby Tenant, ("the Commencement Date"), and terminating at Midnight
on the last day ofthe month in which the fifh annual anniversary of the Commenceme,lrt Date
shall have occurred.
3. Permitted Use. The Prernises may be used by Tenant for only the
transmission and reception of radio oommunioation signals and for the constuction,
maintenance, repair or replacement of related faoilities, towers, antennas, equipment or
buildings and activities related to the Antenna Facilities. Tenant shall obtain, at Tenanfs
expense, all Govenrmental Approvals and may (prior to or after the Commencement Date)
obtain a title report, perform environmental and other surveys, soil tests, and other
engineering procedures on, under and over the Property, necessary to determine that Tenant's
use of the Prernises will be compatible with Tenant's engineering specificationso systern,
design, operations and Govenrmental Approvals. Landlord agrees to reasonably cooperate
with Tenant (at no cost to Landlord), where required, to perform such procedures. If
necessary, Tenant has the right to immediately terminate this Lease if Tenant notifies
Landlord ofunacceptable results of any title report, governmental approvals, environmental
suniey or soil tests prior to Tenant's installation of the Antenna Facilities (as defined below)
on the Premises. The said Antenna Facilities shall be installed and improvements to the
Premises constructed in accordance with the site plans and conceptual drawings set out in
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I ' Tower Lease with Option - Westem PCS I Corporation - DMl l TOE
Exhibit C, and the engineering analysis called for by paragraph 7(f). Tenant shall not make
or perrnit any installation or construction on the premises, or any change, deletion, addition
or modification to the Premises, or to the Antenna Facilities except in accordance with Exhibit
C and the said engineering analysiso and plans and specifications approved by Landlord's
engineers.
4. Rent. Tenant shall pay Landlord, as Rent, One Thousand Dollars ($ I ,000.00)
per month ("Rent"). Rent shall be payable in advance beginning on the Commencement Date
for the remainder of the month in which the Commencement Date falls and for the following
month, and thereafter re,nt will be payable monthly in advance on the fiffh day of each month
for the following rnonth to City of Ames. Iowa at Landlord s address specified in Section 12
below. For the pu{pose of this Lease , all references to "rnonth" shall be deemed to refer to
a calendar month. If the Commencement Date does not fall on the fiffh day of the month,
then Relrt for the period from the Commencernent Date to the last day of the following month
shall be prorated based on the actual number of days from the Commencement Date to the
last day of the following month.
5. Renewal. Tenant shall have the right to extend this Lease for five
additional, five-year terms ("Renewal Term"). Each Renewal Term shall be on the same
terms and conditioos as set forth herein, except that rent shall be increased by fifteen percent
(15V") or the increase in the Consumer Price Index ("CPI")' whichever is greater. The CPI
shall mean the "Consumer Price Index for All Urban Consumers, All Cities, A11 Items
(1984=100)" as published by the United States Deparfinent of Labor Statistics, or if such
index shall be discontinued, the successor index, or if there be no successor index, such
comparable index as mutually agreed upon by the parties.
This Lease shall automatically renew for each successive Renewal Term unless
Tenant shall notify Landlord, in uriting, of Tenant's intention not to renew this Lease, at least
60 days prior to the expiration of the term or any Renewal Term.
6. Interference. Tenant shall not use the Premises in any way which
interferes withtheuse ofthe Property by Landlord, or tenants or licensees of Landlord, with
rights to the Properly prior in time to Tenanfs (subject to Tenant's rights under this Lease,
including without limitation, non-interference). Tenant further represents to Landlord that
its proposed use of the Premises shall not unreasonably interfere with the Landlord's
oommunications facilitieVservices, if any, or with Landlord's tenant's commurioations
facilities/services, whose rights are previous to Tenant's rights. Moreover, Tenant
understands Landlord's responsibility as a municipal entity to the public. Tenant shall
cooperate with Landlord to ensure that the Antenna Facilities do not interfere with Landlord's
present or future communications facilities/services that are necessary and essential to
Landlord's responsibilities to the public. Similarly, Landlord shall not use any portion of
Landlord's properties in any way which interferes with the operations of Tenant unless
Landlord's interfere,noe is direotly in relation to its duty and responsibility to the public.
Further, Landlord shallnotpermit its Tenants, licensees, employeeso invitees, or agents to use
any portion of Landlord's properties in any way which interferes with the operations of
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' Tower Lease with Option - Westem PCS I Corporation - DM1170E
Tenant. Any unpermitted interference shall be deemed a material breach by the interfering
party, who shall, upon written notice from the othern be responsible for terminating said
interference. In the event any such interference does not cease promptly, the parties
acknowledge that continuing interference may cause irreparable injury and, therefore, the
injured parly shall have the right, in addition to any other rights that it may have at law or in
equity, to bring a court action to enjoin such interference or to terminate this Lease
immediately upon written notice. Tenant's right to have communication facilities on the
Premises is non-exclusiveo the Landlord shall retain the right to lease space to other
communications companies, provided that future communications companies do not
unreasonably interfere with Tenant's use. When Landlord sandblasts, paints or otherwise
maintains the water tower, Tenant shall cooperate with Landlord so that Tenant's facilities
do not cause undue interference with Landlord's activity. Except in an emergency, Landlord
shall give 60 days notice to Tenant of such maintenance. Any additional costs incurred by
landlord in suchmainterunce activity resulting from Tenant's Antenna Facilities shall be paid
by Tenant as an addition to the next month's rent.
7. lmprovements:Utilities: Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the
Premises improvements, personal property and facilities, including without limitation any
number of radio transmitting and receiving antennas, and an elecfonic equipment shelter
(collectively the "Antenna Facilities"). The Antenna Facilities shall be initially configured
generally as set forth in Elhibit C. Tenant shall have the right to replaoe or upgrade the
Antenna Facilities at any time during the term of this Lease, if done in accordance with
Landlord approved amendments to the plans and specifications stated in paragraph 3 and 7(0;
and, ifdone in accordanoe with a Landlord approved amendment to Exhibit C. Tenant shall
cause all construction to occur lien-free and in compliance with all applicable laws and
ordinances. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant
shallhave the right to rernove the Antenna Facilities upon termination of this Lease. Antenna
Facilities or other property of Tenant remaining on the Premises thirly (30) days after
expiration of this Lease shall be deemed abandoned and may be disposed of as Landlord
elects, the expense of such disposal to be reimbursed by Tenant.
(b) Tenant, at its expense, may use any and all appropriate means of
reshicting aocess to the Antenna Facilities, located on the groun4 including, the construction
of a fence as shown in Exhibit C.
(c) Tenant shallpay any utilities charges due to Tenant's use. Tenant shall
have the right to install utilities, at Tenant's expense on the Premises (incluriling, but not
limited to the installation of emergency power generators). Landlord hereby grants an
easement to permanently place any utilities on, or to bring utilities across, the Property in
order to service the Premises and the Antenna Facilities, as shown on Exhibit B. Tenant shall
repair or pay the cost of repairing any damage it does to drainage tile. Tenant shall have a
separate electric service line and meter.
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', ; Towor Lease with Option - Westem PCS I Corporation - DMl l TOE
(d) Tenant shall have 24-hours-a-day, 7-days-a-week access to the
Premises at all times during the term ofthis Lease and any Renewal Term; provided, however,
except in emergency situations, Tenant shall give Landlord 24 hours notice of its need for
access and the identity of the person or persons to be given access at that time. In the case
of emergency situations, Tenant shall notify Landlord prior to entering the Premises.
Landlord agrees to provide such accesso except in emerge,ncy situations; in which case
landlordmay, with good reason and cause, deny such access. Tenant shall have personnel
on twenty-four hour call at a telephone number provided to Landlord; and, Tenant shall have
appropriate personnel at the Premises within two hours of Landlord's call to respond to
emergency conditions on the premises. Landlord shall not provide snow removal on the
premises.
(e) Tenant shall, at Tenant's expense, keep and maintain the Antenna
Facilities now or hereafter located thereon in commercially reasonable condition and repair
during the term of this Lease, normal wear and tear excepted. Upon termination of this
Lease, the Premises shall be retunred to Landlord in good, usable condition, normal wear and
tear excepted.
(0 Tenant shall, at Tenaint's sole expense, procure from Pittsburgh Des
Moines Steel Company an engineering analysis pertinent to the proposed installation of
Antenna Facilities or any modification or addition to Antenna Facilities and provide the same
to the Landlord.
G) Tenant shall" onthe Corrnencement Date, pay Landlord $40,000.00.
8. Termination. Except as otherwise provided herein, this Lease may be
terminated, without any penalty or further liability as follows:
(a) upon thirty (30) days written notioe by Landlord for failure to cure a
material default for payment of amounts due under this Lease within that 30-day period. If
Landlord terminates this Lease pursuant to this subsection within five years of the
Conrrnencement Date, then Tenant shall be obligated to continue Rental Payments until the
initial Term ends. Tenant has no such obligation in any Renewal Terms
(b) upon thirty (30) days written notice by either party if the other party
defrults and fails to cure such default within that 30-day perio4 or such longer period as may
be required to diligently oonplete a cure oommenced within that 30-day period. If Landlord
terminates this Lease pursuant to this subsection within five years of the Commencement
Date, then Tenant shall be obligated to continue Rental Payments until the initial Term ends.
Tenant has no such obligation in any Renewal Terms
(c) upon ninety (90) days written notioe by Tenant, if it is unable to obtain,
maintain, or otherwise forfeits or cancels any license, permit or Govenrmental Approval
necessaryto the consfiuction and/or operation of the Antenna Facilities or Tenant's business.
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Tower Lease with Option - Wostom PCS I Corporation - DMl 1708
If Tenant terminates this Lease pursuant to this subsection within five years of the
Commencement Date, then Tenant shall be obligated to continue Rental Payments until the
initial Term ends. Tenant has no such obligation in any Renewal Terms;
(d) upon ninety (90) days written notice by Tenant if the Premises are or
become unacceptable under Tenant's design or engineering specifications for its Antenna
Facilities or the communications system to which the Antenna Facilities belong. If Tenant
terminates this Lease pursuant to this subsection within five years of the Commencement
Date, then Tenant shall be obligated to continue Rental Payments until the initial Term ends.
Tenant has no such obligation in any Renewal Terms;
(e) immediately upon written notice if the Premises or the Antenna
Facilities are desfroyed or damaged so as in Tenant's reasonable judgment to substantially and
adversely affect the effective use of the Antenna Facilities. If Tenant terminates this Lease
pursuant to this subsection within five years of the Commencement Date, then Tenant shall
be obligated to continue Rental Payments until the initial Term ends. Tenant has no such
obligation in any Renewal Terms;
(0 Landlord sball have the right to terrninate this Lease immediately if the
water tower is destoyed by casualty or a disaster, such as a fire or tomado.
(g) Landlord shall also have the right to terminate this Lease, with an one
hundrd and trventy (120) day written notioeo to Tenant, if: (i) the Landlord disoontinues the
use of the water tower for any reason; (ii) an independent engineer deems the water tower
structurally unsound; (iii) Tenant unreasonably interferes with the Landlord's equipment at
the site; (iv) Tenant is grossly negligent in maintaining or repairing its Antenna Facilities
equipment at the Site; or (v) if Tenant discontinues use ofthe equipment for a period of ninety
(90) days.
9. Tanes. Tenant shall pay any personal and/or real property taxes assessed on,
or any portion of zuch taxes atfirbutable to, the Antenna Facilities. Landlord is a municipality
and does not generally pay such taxes. Iftaxes are assessed on the Premises because it is not
devoted to a public use, then Tenant shall pay such taxes on the Premises.
10. Insurance and Subrogation.
Tenant shall maintain limits no less than $1,000,000 combined single limit per specific
occrureoce for bodily injury, personal injury and property darnage covering both General
Liability and Autornobile Liability and S5,000,000 aggpegate coverage covering both General
and Automobile Liability.
Confactor shall disclose any selfinsurance retentions or deductibles on the Certificate
of Insurance covering the Tenant.
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,,. 'i ' TowerleasewithOption-WestemPCSlCorporation-DMll70E
I l. Hold Harmless. Tenant agrees to hold Landlord harmless from claims arising
fromthe installation" usen maintenance, repair or removal of the Antenna Facilities, except for
claims arising from the negligence or intentional acts of Landlord, its employees, agents or
independent contractors.
12. Notices. All notices and demands hereunder shall be in vriting and shall be
delivered, faxed or mailed, to the following addresses:
If to Tenant, to:
Westem PCS I Corporation
Attn: PCS Leasing Adminishator
2001 NW SammanishRoad
Issaquah, WA 98027
Phone: (206)313-5200
Fax: Q06) 313-5520
tUt-,brtt4"L a//-tt-u :
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3b50 lSls 4r". 58, 9iL4oo
If to Landlord, to:
City of Ames,Iowa
C/O Water and Pollution Confrol
Deparfrnent
300 E. 5ft Sfreet, Building I
Ames, IA 50010
Phone: (515) 239-5150
Fax: (515) 239-5251
fullantz, WA ltota
with a copy to:
City of Arnes,Iowa
ClO City Manager
515 ClarkAvenue
P.O. Box 8ll
Ames,IA 50010
Phone: (515) 239-5101
Fa>r: (515) 239-5325
13. Environmental Laws. Tenant rqlresents, warants and agrees that it will
conduct its activities on the Property in compliance with all applicable Environmental Laws
(as defrred in attached Exhibit D). Tenant shallprocure a Phase I Environmental Assessment
of the Premises and provide the same to the Landlord.
Tenant agrees to defend, indemnify and hold Landlord hamrless from and
against any and all claims, causes of action, demands and liability including, but not limited
to, damages, costs, expenses, assessments, penalties, fines,losses, judgments and attomey's
fees that Landlord may suffer due to the existence or discovery of any Haaardous Substance
on the Property or the migration of any Hazardous Substance to other properties or release
into the environment arising from Tenant's activities on the Property. Tenant's obligations
under this Section shall all survive the expiration or termination of this Lease.
The indenmifications inthis section qpecifically include without limitation costs
incurred in connection with any investigation of site conditions or any cleanup, remedial,
removal or restoration work required by any govenrmental authority.
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' Tower Lease with Option - Westem PCS I Corporation - DMI 1708
14. Assignment and Subleasing. Tenant may assign this Lease upon written
approval by Landlord, which approval shall not be unreasonably wittrheld or delayed, to any
person conholling, controlled by, or under cornmon confrol with Tenant, or any person or
entitythat, after first reoeiving FCC or state regulatory agency approvalso acquires Tenant's
radio cormnunications business and assumes all obligations of Tenant under this Lease. Upon
such assignment, Tenant shall be relieved of all liabilities and obligations hereunder relating
to matters fust arising after the date of such assignment, and Landlord shall look solely to the
assignee for performance under this Lease and all obligations incurred thereafter. Moreover,
upon assiglment, Landlord shallhave the option" at the end ofthe Term or the Renewal Term
in effect to either continue under the Rental Payment Terms of this Lease or to renegotiate
with the new assignee for a new rental amount. Tenant may sublease the Premises, upon
written notice to Landlord, only if such sublease is subject to the provisions of this Lease. If
Tenant subleases all or any part of the Premises Tenant shall remain obligated for the Rent
under this Lease, and Landlord and Tenant shall divide the sublease rental amormt equally.
Tenant may otherwise assign this Lease upon written approval of Landlord, which approval
shall not be unreasonably delayed or withheld.
Tenant may, upon notice to Landlord, mortgage or grant a security interest in this
Lease and the Antenna Facilities, provided such Mortgagees agree to be bound by the terms
and provisions ofthis Lease. In such eventn Landlord shall execute such consent to leasehold
financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant
and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees the
same right to cure any default as Tenant or to remove any property of Tenant or Mortgagee
located on the Premises, except that the cure period for any Mortgagee shall not be less than
thirty (30) days after receipt of the default notice, as provided in Section 8 of this Lease. All
such notices to Mortgagees shall be sent to Mortgagee at the address specified by Mortgagee
upon entering into a fnrancing agreement. Failure by Landlord to give Mortgagee such notice
shall not diminish Landlord's rights against Tenant, but shall preserve all rights of Mortgagee
to cure any default and to remove any property of Tenant or Mortgagee located on the
Premiseso as provided in Section 17 of this Lease; but, Landlord shall have no liability to
Mortgagee by reason of Landlord's failure to give any such notice to Mortgagee.
15. Successors and Assigns. This Lease shall run with the Property, and shall be
binding upon and inure to the benefit of the parties, their respective successors, personal
representatives and assigns.
16. Subordination of Landlord's Lien. Landlord hereby subordinates any and all
lien rights it may have, statutory or otherwise, conceming the Antenna Facilities or any
portion thereof which shall be deemed personal property for the pulposes of this Lease,
regardless of whether or not the same is deemed real or personal property under applicable
laws, and Landlord gives Tenant and Lender the right to remove all or any portion of the
same from time to time, whetler before or after a default under this Lease, in Tenant's and/or
Lender's sole discretion and without Landlord's consent.
ii l
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Tower Lease with Option - Westem PCS I Corporation - DM1170E
17. Miscellaneous.
(a) This Lease constifutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to this
Lease must be in uriting and executed by both parties.
(b) If either pafty is represented by a real estate broker in this hansaction,
that party shallbe fullyreqponsible for any fee due such broker, and shall hold the other party
harmless from any claims for commissionby suchbroker.
(c) Eaoh party agxees to cooperate with the other in executing any
documents (including a Mernorandum of Lease in zubstantially the form as attached in Exhibit
E) necessary to protect its rights or use of the Premises. The Memorandum of Lease may be
recorded in place of this Lease, by either parl.y.
(d) This Lease shallbe construed in accordanoe with the laws of the state
in which the Properly is located.
(e) The persons who have exeouted this Lease represe,lrt and warant that
they are duly authorizedto execute this Lease in their individual or represe,ntative capacity
as indicated.
(0 The submissionofthis document for examination does not constitute
an offer to lease or a reservation of or option for the Premises and shall become effective only
upon exeoution by both Tenant and Landlord.
(g) This Lease maybe executed in any numbr of counterpart copies, each
of which shalt be deemed an original, but all of which together shall constitute a single
instrrment.
18. Adjustrnents to Payments.
(a) In the event that Westem Wireless, within the first five (5) yeafit
foltowing the Commencement Date, agrees to pay to the City of Des Moines, or any public
body located within seventy-five miles ofthe boundaries ofthe City of Des Moines, more than
the monthly amount stated in paragraph 4, Western Wireless agrees to pay to the City of
Ames an amount matching the amount paid to such public body. Said additional payments
shall be paid effective with the Commencement Date of this Agreement. The computation
of said matching amount shall be done by multiplying the difference between said higher rate
and the rate paid under paragraph 4 of this Agreeme,nt by the number of months since the
Commencement Date of this Agreement. Thereafter all monthly payments shall be at that
hrghe" arnount unless or until a higher amount is paid by Westem Wireless to the City of Des
Moines or another public body located within seventy-five miles of Des Moines, in which
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Tower Lease with Option - Westem PCS I Corporation - DMI 1708
event the matching payment shall be computed as aforesaid with respect to that higher
amount.
(b) In the event that Western Wireless, within the first five (5) years
following the commencement date, agrees to pay the City of Des Moines or any public body
located within seventy-five miles ofthe boundaries ofthe City of Des Moineso an amount that
is additional to a regular rent payment, which additional payment is more than $40,000.00,
or provide in-kind goods, irnprovements, or services having a value ofmore than $40,000.00
in addition to the regular rent payment, as a payment for any reason under the terms of a
lease, then the difference between said pa5rment and $40,000.00 shall be paid to the City of
Ames.
(c) Westem Wireless shall provide to the City of Ames complete copies
ofall contracts orleases e,ntered into with the City of Des Moines or any public body located
within seventy-five miles of the boundaries of the City of Des Moines.
The Execution Date of this Lease is the 3rd day of December, 1996.
LANDLORD:
TENA}.{T:
STATE OF IOWA,ICOUNTY OF STORY, SS: ^
On this 5c/day ofDecemb t, l996,before me,Snn K' Khw . a Notary Public
in and for the State of Iowa, personally appeared Larcy R. Curtis and Sandra L. Ryan, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of City of Ames, Iowa, a municipal corporation; that the seal affixod to
the foregoing instument was signed and sealed on behalf of the corporation; and that the
i4psrment was sig-nod and sealed on behalf of the corporation, by authority of its
Ci\ Qorrroi \
-
, as contained in Resolutioo No. 1d-Sl U .passed by
the Ames City Council; and that the Mayor and City Clerk acknowledged the execution of
the instument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
lts:
TARY PUBLICin and forlowa
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Tower Lease with Option - Westem PCS I Corporation - DM1170E
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12
' Tower Lease with Option - Westem PCS I Colporation - DMl170E
STATE OF WASHINGTOI, COUNTY OF KING, SS: DaUd
On this AUV of
'DYflntWQ-' 1996, before me personally appeared, 6own
to me to be the V. {/. of Westem PCS I, the corporation that executed the
within and foregoing instrument, and acknowledged the said instument to be the free and
voluntary act and dee$pf said corporation for the uses and purposes therein mentioned, and
on oath, stated that$1) was authorizedta execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
A.l'lllev'
the day and year first above written.
' .1!'!!""frt.^
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Y PUBLIC in and,for
commlsston exprres:
lt
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Tower Lease with Option - Western PCS I Corporation - DM I l70E
EXHIBIT A
Legal Description
To the Tower Lease with Option dated the 3rd day of December. 1996, between
the City of Ames, as Landlord, and Western PCS I Corporation, as Tenant.
The Properfy is legally described as follows:
Tax Parcel ID#: 05-28-275-030
A part of the SE % NE % of Sec 28, Township 84 North, Range 24 West of the 5'h P.M.,
Story County, Iowa, described as follows: Beginning at a point 723.88' West and 33.0'
North of the Southeast Comer of the Northeast Quarter of Section 28, Township 84
North, Range 24 West; thence West 259.12'; thence North 504.32'; thence South
27"1I'40?' East 567.00' to the point of beginning; containing 1.50 acres.
AF,PROVED AS TO FORM
ev ,EAs-z-1fu/ John R. Klaus
City Ailornev
14
0 J i J 6 9 7 ] - J I t i J : 5 ?J;,t.I J 5_[5 3:\4 22C)J r\!is LL.11.\ lr J l{L l-l: 5-\! ( i r l l t J -
T.q,tr l-elSr'\\ ilh ()ptlLrn - \\i'C:;rern P(lS I (]or"por':ltiLl11 - n\f I I T0ll
-EXI{IR[1'B
Premises Location \\lithin the Fropertl'
To rhe lor.ver Leiue with option darecl the 29th da-v of oglo!9r=l9i&, bctu'cslr
city r:f i\mes, as Landlorcl, and westcnr PcS I ccrtpc'ratioll. as Tellallt'
The locetio' of the premises (including casements) n'itbin the Propertl is more
particularly described or depicted as l'ollorvs:
-A 4(l' x 40' space on thc grousd a{iacent to the \vater to\'\'er and a l5' x 15' triangular
shape space on tlre top the wtlter tower, Lrut ntrt thc rlirter torl€r.
/.
AFPROVED AS TO FORM
"" 4/a'1*---
/ .:'onn R. Ktaus' Citv Attornev
I]
15
3;4 ?201 IIISTEI?\ $',rR"Iilrs-s
Tolr.c/-l.easc *,ich d)prron - W.estern pL_-S I Corporation _ Dlvlll?OE.
& o0J0 1, ,I 6..r I7 TIIII - l 0 : 5 7 jr.{.f
l
EXIIIBIT C paqe 1 of 2
Site Plan
'fo the T'ower_Lease with Option dated the 29th day of October. 1996" betweencit]'of amcs as La'drorcJ, ancl \irestirn pcs t corporatffias Tenant.
fr6o@A{lrrru€
t'5lHt'. J
R'qG FC.* I
Sife PIan and Equipment:
AtrPROVED AS TO FORM
John R. Klaus
City Altornev
* E
16
0 1 , ' 1 6 9 7
||
TllLt l0:56 ]i{-\ l 5l 5 331 22 Cll I\.E^ST[Ii\ \\' TR'LIS.S
Tou,er I.ease rvitli Option - \!'cstern PCS t (iorp<>ration - f).\1 I lliJh
!.1 o o;r
EXHIBIT C
Site Plnn
Page 2 of 2
Ta the Tow-er Lei'rse rvith Option dated the 29th dav of October. 1996, benr.r-'eu
Clitl' of AmeS as l-andlord. ancl \lrestern P{lS I Corporation: as Tenanf.
Sife PIsn and Equipmentt
trPROVED AS TO
"r.,i
{
:ili':':,;.ii''}'
V
I17
Tower Lease with Option - Westem PCS I Corporation - DM1170E
EXIIIBIT D
Environmental Laws
To the Tower Lease with Option dated the 3rd day of Decenrber, 1996, between the
City of Ames-Ipwa as Landlord, and Westem PCS I Corporation, as Tenant.
As used in this Lea$e, "Bnvironmental Laws" means all fderal, state and local
e,nvironmental lawsn nrles, regulations, ordinances, judicial or administative decrees, orders,
deoisions, authorizations orpermits, including, but not limited to, the Resource Conservation
and Recovery Act,42 U.S.C. $$ 6901, et seq., the Clean Air Act, 42U.5.C. $$ 7401, et seq.,
the Federal Water Pollution Confiol Act, 33 U.S.C. $$ 1251, et seq., the Emergency Planning
and Community Right to Know Act,42 U.S.C. $$ 1101, et seq., the Comprehensive
Environmental Response, Compensation and Liability Act,42 U.S.C. $$ 9601, et seq., the
Toxic Substances ConfolAct, 15 U.S.C. $$ 2601, et seq., the Oil Pollution Control Act,33
U.S.C. $$ 2701, et seq., the Hazardous Materials Transportation Act, 49 U. S. C. $$ l80l
et seq., the Safe Drinking Water Act,42 U.S.C. $$ 300f et seq., and state laws, or any other
oomparable local, state or federal statute or ordinance pertaining to the environment or
natural resources and all regulations pertaining thereto.
As used in this Lease, "Hazardous Substance" means any hazardous substances as
definedbythe Conrprehensive Environmental Response, Compensation and Liability Act, as
amended from time to time; any hazardous waste as defined by the Resource Consenration
and Recovery Aot of 1976, as amended from time to time; any and all material or substanoe
defined as hazardous pu$uant to any federat, state or local laws or regulations or order; and
any substance which is or becomes regulated by any fbderal, state or local governmental
authority; any oil, petroleum products and their by-products.
18
Q4 - -oza77%ffi*w-tff #g
ffirffitW
f,rordngFcclrdjl
xfrfrtut
Prepared by John R. Klaus, City Attorney City of Ames, Iowo 515 Clark Avenue, Ames, Iowa 50010 515/239-5146
EXIIIBIT E
Memorandum of Lease
To the Tower Lease with option 9t d the3d day of December, lgg6, between thecity of Ames.Iowa, as Landlord, ind westem pcs I corporauon, as Tenant.
After recording, please return to:
Site Identification: DM-I IZO-E
Westem PCS I Corporation
Attn.: PCS Leasing Adrninistator
200I NW SarnrnanishRd.
Issaquah" WA 98027
Phone: Q06)313-5200
Fax: Q06) 313-SSZ0
Market: Des Moines, MTA
See attached exhibit A
Menrorandum of Lease Between the CiV of Ames-Iowa ("Landlord") and Western pCS ICorporation ("Tenant, )
A Tower Lease with Option between the City of Ames. Iowa, (,'Landlord") andwestern Pcs I corporation ("Tenant') was made,"g*aittg oi f"ll"*irg pr*,ir"*,
The date of execution of the T_ower Lease with Option oror 0€efrnhn"3, lfi_6
?r{Oj::t |rur"
is for a t11r-of five (5) years and will commenoe on the Jgf,.day ofStie'ql""'-- . 1996, (the "corrnencenrcnt Date,,) ffiffi;;;#ffid;
9n the tast day of the month in which the 5th anniversary of the commence*eirt Date shallbave occurrd. Tenant shall have the right to extend this rease for five additional five yearteNuls.
19
a
LA}.{DLORD:
TENANT:Westem
By:
tt", Vlf
lawy'weSernn15
20
STATE OF IOWA
COTINTY OF STORY
ACKNOWLEDGMENT
)
) SS.
)
_, a Notary Public in and for the State of lowa, personally appeared Larry R. Curtis
and Sandra L. Ryan, to me personally known, and who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of City of Ames, Iowao a municipal
corporation; that the seal affixed to the foregoing instrument was signed and sealed on
behalf of the corporation; and that tl1e instrqment was signed and sealed on behalf of the
corporation, by authoriy'of itt Cny 1ou,tlci,
-
, 8s contained in
Resolution No. 7(p - 57A , puss6d by the Ames City Council; and that the Mayor
and City Clerk acknowledged the execution of the instrument to be voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily executed.
My commission expires:3-/7-q7
srATE OF WASHTNGTON )
) ss:
couNTY oF KrNG )
appeared
the
9gZ, before me personally
known to me to be
,of Westem PCS I, the corporation that executed the within
on trnsjhs-duy or M1,a{{J.oerore me, 5 ". t - Rt pp e ER
and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed -ofpaid corporation for the uses and purposes therein mentioned,
and on oath, stated thatW was authorizedto execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my and affixed my official
seal the day and year first above written.
ARY PUBLIC
Notary Public in and
of Iowa
the State of
21
S e p. 30. 20 1 0"1 0 : 42AM No. 9948-P.1-----"*-'--'
TXIIIEIT A
Lcgrf Dcrcrlpdon
To thc Mqnorandurn o,fleuc dct€d thG 3d day oflllqmhg-Il!94 botwcon thc Clbl.cf
AEF& c!Landlor4 and \l|eftrnPCS I Cot?orgioq aa Tenant.
Tlrc Prcnrbcl lcucd rro dcrcrlbcd rr followrl
A prrt of the Property, whloh part ir a 4O x 4()' rprc6 on the gfound a4lacsat to tho,wrtcr
touror rnd a l5' x l5' triangulai chape lprpo on the top of the watcr towcr, bnrt not thc
\f,rtor tourcr, plur cortaln rtghtt to inglotr and ogrese,
Thc aftorurald l€ared Prernirer arg a part of the Property, tho rcmaindor of wtrlch lr not
lcarcd, dcccrlbad ar:
Tar Darool IDdF: Q,!!tfo2jlll.l|;|!
A p8rt of the SE t/4 NE 1/4 of Soctlon 28, Townchlp s4 Nortb Rurgc 2{ W6t of ths 3th
P.M.. Story County. Iowa, dcrcrlbcd ar followo: BcglnnlrU at r polnt ?23,tEr Wost tnd
33,O'North of tho
-southsart
Corner ofthc Northeart Quartcr of Sccdon 28. Townahip 84
North. Rangc i4Waat; th€no€ Wcrt 259.12'; thcncc North 5O4.32'i thoncc South
27" I l'4O" EeEt 567.O0' to the point of boginning; oontaining l.to aatlt.
q4- ozerzt|+)
22
1
TMO Site ID: DM01170E
TMO Lease ID: 53813
FOURTH AMENDMENT TO TOWER LEASE
This Fourth Amendment to Tower Lease (the “Fourth Amendment”) is effective as of the
last signature below (the “Effective Date”), by and between the City of Ames, Iowa (“Landlord”),
and T-Mobile Central LLC, a Delaware limited liability company (“Tenant”) (each a “Party”, or
collectively, the “Parties”).
Landlord and Tenant (or their predecessors-in-interest) entered into that certain Tower
Lease dated December 3, 1996, including that certain Amendment to Tower Lease with Option
dated September 13, 2004, including that certain Second Amendment to Tower Lease with
Option dated December 16, 2020, including that certain Third Amendment to Tower Lease dated
June 1, 2022 (including all amendments, collectively, (the “Lease”) regarding the leased premises
(“Premises”) located at 2521 Bloomington Road, Ames, Iowa (the “Property”).
For good and valuable consideration, Landlord and Tenant agree as follows:
1.Paragraph 5 of the Lease is revised with the following:
5. Renewal. The current and any remaining Renewal Term of the Lease will end on
December 31, 2026. Beginning on January 1, 2027, Tenant shall have the right to
extend this Lease for ten (10) additional, five (5) year terms (“Renewal Term”).
Each Renewal Term shall be on the same terms and conditions as set forth herein,
except that rent shall be increased by fifteen percent (15%) or the increase in the
Consumer Price Index (“CPI”), whichever is greater. Notwithstanding the
foregoing, in no event shall the annual CPI adjustment result in an increase of
more than twenty percent (20%) per Renewal Term of the Base Rent in effect
immediately prior to such Adjustment Date. The CPI shall mean the “Consumer
Price Index for All Urban Consumers, All Cities, All Items (1984=100)” as published
by the United State Department of Labor Statistics, or if such index shall be
discontinued, the successor index, or if there be no successor index, such
comparable index as mutually agreed upon by the parties.
This Lease shall automatically renew for each successive Renewal Term unless
Tenant shall notify Landlord, in writing, of Tenant’s intention not to renew this
Lease, at least 60 days prior to the expiration of the term or any Renewal Term.
2.All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are
effective only when deposited into the U.S. certified mail, return receipt requested, or
when sent via a nationally recognized courier to the addresses set forth below. Landlord
or Tenant may from time to time designate any other address for this purpose by
providing written notice to the other Party.
TMO Signatory Level: L07/SL07
NLG-119469 23
2
TMO Site ID: DM01170E
TMO Lease ID: 53813
If to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ DM01170E
If to Landlord:
City of Ames, Iowa
515 Clark Ave.
Ames, Iowa 50010
Attn: City Manager’s Office
3.Except as expressly set forth in this Fourth Amendment, the Lease otherwise is
unmodified. To the extent any provision contained in this Fourth Amendment conflicts
with the terms of the Lease, the terms and provisions of this Fourth Amendment shall
control. Each reference in the Lease to itself shall be deemed also to refer to this Fourth
Amendment.
4.This Fourth Amendment may be executed in duplicate counterparts, each of which will
be deemed an original. Signed electronic, scanned, or facsimile copies of this this Fourth
Amendment will legally bind the Parties to the same extent as originals.
5.Each of the Parties represents and warrants that it has the right, power, legal capacity and
authority to enter into and perform its respective obligations under this Fourth
Amendment. Landlord represents and warrants to Tenant that the consent or approval
of a third party is not required with respect to the execution of Fourth Amendment. If
Landlord is represented by any property manager, broker or any other leasing agent
(“Agent”), then (a) Landlord is solely is responsible for all commission, fees or other
payment to Agent and (b) Landlord shall not impose any fees on Tenant to compensate
or reimburse Landlord for the use of Agent, including any such commissions, fees or other
payments arising from negotiating or entering into this Fourth Amendment or any future
amendment.
6.This Fourth Amendment will be binding on and inure to the benefit of the Parties herein,
their heirs, executors, administrators, successors-in-interest and assigns.
TMO Signatory Level: L07/SL07
NLG-119469 24
3
TMO Site ID: DM01170E
TMO Lease ID: 53813
IN WITNESS, the Parties execute this Fourth Amendment as of the Effective Date.
Landlord:
City of Ames, Iowa
By:
Print Name:
Title:
Date:
Tenant:
T-Mobile Central LLC, a Delaware limited
liability company
By:
Print Name: __________________________
Title: ________________________________
Date:
TMO Signatory Level: L07/SL07
NLG-119469 25