HomeMy WebLinkAboutDOC_Affidavit of Legal Interest_BOI Happy Camper V1E IDI� 11
APPROVED
DAT osrov22
�IJ % ABtR:-zazz-0oss I
TOWIER LEASE
TI[IS TOWER LEASE. (this "Lease") is made as of the last date of file signatures below by and
between horizon `Power Limited Partnership-11, a Kansas Iimitcd partnership by Horizon Tower, LLC, a
Delaware limited liability company, its Operations Partner, ("Landlord"), and Verizon Wireless (VAW)
LLC, dba Verizon Wireless (""tenant").
1. Pre1nISCs. Subject to file terms and conditions of this Lease, Landlord hereby leases to Tenant
the use of that portion of' the property located on W. Excursion Lanc, City of Meridian, County of Ada,
State ofldaho, known as Tax ID No: S11214314912 (the. "Property"), as more particularly described in
Exhibit A. attached hereto and made a part hereof, together with casements for access and utilities, generally
depicted in the attached I?xh'bit 13 (collectively referred to hereinafter as the "Premises"). Landlord leases
space (the "Landlord Premises") at the Property pursuant to that cc I iain Prinle Lease (defined in Section 19
below). The Premises is comprised of: (1) a total of approximately 223 square feet ( 12' x 1 8.6') of -,round
space within Landlord's communications compound ("Ground Space"), (ii) space at the ninety-five foot
(95') radiation center on Landlord's communication tower located on file Property (the "Tower") to be
constructed by Landlord on the Premises at Landlords sole cost, and (iii) non-exclusive casements in, under,
over, through and across the grope I iy for ingress and egress, seven (7) days a week, twenty four (24) hours
a day, on foot or motor vehicle, utilities and access adequate to install, operate and maintain utilities, \vhich
include, but are not limited to, the installation of utility wires, poles, cables, conduits, and pipes over. under
and across the Propel iy (collectively, the "Easements"). ,,be Premises is located within the Landlord
Premises.
In the event the Tower is not constructed by Landlord, in compliance with applicable laws and in
a condition ready for "Tenant's installation of its equipment, within nine (9) months following full execution
of- this Lease, other than as a result of causes, events or CirCumstances beyond Landlord's reasonable
control, Tenant will have the right to terminate this I -.Case upon written notice to Landlord.
Upon agreement of the parties, Tenant may pay rent by electronic funds transfer and in such event,
Landlord agrees to provide to Tenant bank routing information for such purpose upon request of Tenant.
3. Permitted U The Premises may be used by Tenant fbr the installation, operation,
maintenance, and use of wireless conullunications equipment and uses incidental thereto on the ground
space and Tower space, as specifically described in Exhibit C attached hereto and made a paii hereof.
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APPROVED
)Na: 06/01/22
:I,E%UMa_e:A20220095 Landlord hereby agrees to provide to Tenant a copy of the Prime Lease and a fully executed Internal
uc Service Form W-9, or equivalent. From time to time during the tern of this Lease and within
thirty (30) days of a written request from Tenant, Landlord agrees to provide updated documentation
showing Landlord's interest in and right to receive payments under this Lease including without limitation:
(i) documentation, acceptable to Tenant in Tenant's reasonable discretion, evidencing Landlord's good and
sufficient title to and/or interest in the Propetiy and right to receive rental payments and other benefits
hereunder; (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a fD 1 in
acceptable to Tenant, for any party to whom rental payments arc to be made pursuant to this Lease; and
(iii) other documentation requested by Tenant in Tenant's reasonable discretion (the "Rental
Documentation"). The Rental Documentation shall be provided to Tenant in accordance with the provisions
of and at the address given in Section 13 below. Within fifteen (I5) days of obtaining an interest in the
Property or this Lease, any assignee(s), transferee(s) or other successor(s) in interest of Landlord shall
provide to Tenant Rental Documentation in accordance with the provisions ofand at "tenant's address given
in Section 13 below. From time to time during the term of this Lease and within thirty (30) days of a written
request from Tenant, any assignee(s) or transferec(s) of Landlord agrees to provide updated Rental
Documentation in a form reasonably acceptable to "Tenant. Dclivcly of Rental Documentation to Tenant
by any assignec(s), translerec(s) or other successor(s) in interest of Landlord shall be a prerequisite fix- the
payment of any rent by "Tenant to such party and notwithstanding anything to the contrary herein, 'tenant
shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s)
in interest of Landlord until Rental Documentation has been supplied to Tenant as provided herein.
5. Site Application Ice/Structural Analysis Landlord acknowledges and agrees that Tenant has
paid to Landlord a one-time site application fee
upon submission of a site application to determine whether there is
available space at the Site for Tenant's proposed equipment.
If requested by Landlord
prior to initial installation of Tenant's equipment, Tenant shall conduct at Tenant's sole cost and expense a
structural analysis and wind/ice load analysis of the Tower which includes any existing loads and the load
of Tenant's proposed antennas, cabling and appurtenances as specified in Exhibit C. Tenant agrees to
provide Landlord, at no cost to Landlord, a copy of such structural analysis prior to the construction or
installation of Tenant's equipment described in ExhibitC.
II I enant shall remain in possession of the Premises
at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be
deemed a month -to -month tenancy ("Month to Month Renewal Tetm") until to 1 initiated by either Party by
giving the other written notice of its intention to so terminate at least twelve (12) month prior to said
tel urination. All other terms and conditions of this Lease shall continue to apply during the Month to Month
Renewal Term.
7. Interference. "Tenant shall not use the Premises in any way which interferes with the use of the
Property by Landlord or tenants of Landlord, or with equipment of Landlord or tenants of Landlord installed
and operational prior in time to Tenant's installation. In no event will Landlord be entitled to terminate this
Lease or relocate the equipment as long as such interference is capable of being remedied and Tenant is
making a good faith effoti to remedy the interference after receipt of notice of such potential interference
fi-om landlord. Similarly, Landlord shall not use, norshall landlord permit its tenants, employees, invitees
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APPROVED nts to use, any portion of the Property in any way which interferes with the operations of Tenant.
:" t 06/01/22 Ord agrees that Landlord and/or any other tenants of the Property who currently have or in the future
ossession oft tie Property will be permitted to install only such equipment on the Tower or the Property
;u,a:e:A ° °°9s s of' the type and frequency which will not cause harmful interference which is measurable in
aucOdance with then existing industry standards to the then existing equipment of Tenant. Such
interference shall be deemed a material breach by the interfering party, who shall, upon written notice from
the other, 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 party 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.
8. IIII nrovements: Utihtiev Access
(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements.
personal property and facilities necessary to operate its communications system, including transmitting and
receiving antennas, microwave dishes, equipment shelters and/or cabinets and related cables and utility
lines, location based systems, coaxial cable, base units, and other associated equipment as shown on the
Co -Location Application, attached as Exhibit C (collectively, the "Antenna Facilities"). Tenant shall have
the right to expand, enhance or upgrade "tenant's ground equipment on the Premises without the consent of
Landlord provided that such expansion remains within the footprint of the Ground Space that is part of the
Premises. Tenant reserves the right to replace, repair, or otherwise modify the Tower equipment described
in Exhibit C with substantially similar and comparable equipment, provided that such comparable
equipment is within the parameters described on Exhibit C and does not increase the load on the "tower.
Tenant shall have the right to add or modify the frequencies over which the equipment operates, but only
to the extent such frequencies comply with FCC regulations. Tenant shall cause all of its constrnction to
occur lien -free and in compliance with all applicable laws, mies, regulations, ordinances, permits and
building codes, and shall discharge or bond any mechanic's lien filed or recorded as a result of "1"enant's
constrnction. All installation, coil strnctioil, removal, relocation or maintenance oftenant's equipment shall
be commenced only after "Tenant gives at least ten (10) days prior written notice of such to Landlord.
Notwithstanding anything to the contrary, in the case of an emergency Tenant shall only be required to
provide notice to Landlord as soon as practicable of the installation, construction, removal, relocation or
maintenance of Tenant's equipment. The Antenna Facilities shall remain the exclusive property 01"I'cnant
and shall not be considered fixtures. "Tenant shall have the right to remove the Antcnna facilities at any
time during and upon the expiration or termination of this Lease. AS OF TI IE DATE I fl:Rl?Of. I?XCIiP"I'
AS EXPRESSLY PROVIDED IIEREUNDER, NO WARRANTY OR RFPRI?SENTATION,
EXPRESSED OR IMPLIED, IS MADE 13Y LANDLORD WITH RESPECT TO TI IF, SLJt1'A131LTI Y OF
I`HE TOWER AND THE SITE FOR I'ENANT'S OPERATIONS AND INI'ENDED USE "I'I II:RI:OF.
(b) Tenant, at its expense, may use any and all appropriate means of restricting access to the
Antenna facilities, including, without limitation, the constrnction of fence.
(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna facilities now or hereafter
located on the Propetty in commercially reasonable condition and repair during the term of' this Lease,
normal wear and tear and casualty excepted. Upon tennination or expiration of' this Lease, the Premises
shall be returned to Landlord in good, usable condition, normal wear and tear and casualty excepted.
(d) "Tenant shall have the right to install utilities, at "Tenant's expense, and to improve the present
utilities on the Property (including, but not limited to, the installation of emergency power generators).
Landlord agrees to use reasonable efforts in assisting Tcnant to acquire necessaiy utility service. "Tenant
shall install separate meters for utilities used on the Properly by Tenant.
(e) Tenant shall have the right to install a concrete pad and related conduits for power and tcico
use on the Premises. Landlord, at Tenant's request shall install the concrete pad and related conduits, (such
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APPROVED etc pad and related conduits, to be clearly depicted on the construction drawings and;or as depicted
o6/ov22 hibit B attached hereto) on behalf of Tenant. All such costs to construct the concrete pad and related
�" t its shall be reimbursed to Landlord b Tenant within sixty Y � � (60) days of completion. _E•�u��a_e:A-zo��-0oss Y P
9. 'Termination. Except as otherwise provided herein, this Lease may be terminated, Without any
Penalty or further liability as follows:
(a) upon written notice by Landlord if Tenant fails to cure a default for payment of' Rent amounts
due in excess of an amount equal to three months' w01 ill of the then cmTent monthly Rent due under this
Lease ("Rent Default") and after Landlord sends Tenant notice of such Rent Default and it Tenant does not
commence cure within 30 days after Tenant's receipt of such first notice and Landlord sends Tenant a
second notice of such Rent Default and Tenant does not cure within 15 days of receipt of'such second notice
(such notice(s) shall state that the default may result in the tern I I nation of the Lease and set forth the time
for which Tenant has to cure);
(b) immediately if Tenant notifies Landlord of unacceptable results of any title report,
environmental or soil tests prior to Tenant's installation of the Antenna Facilities on the Premiscs; or
(c) after the expiration of the Initial Term, and upon thirty (30) days' written notice by Tenant if the
Property or the Antenna Facilities are, or become unacceptable under Tenant's desi;n or cngiucering
specifications for its Antenna Facilities or the communications system to which the Antenna Facilities
belong; provided however that prior to any tcm 1 ination under the provisions of this Section, Tenant shall
pay Landlord a termination fee equal to six (6) times the then cuncnt monthly Rent; or
(d) immediately upon written notice by Tcnant if the Premiscs or the Antenna Facilities are
destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the
effective use of the Antenna Facilities. In such event. all rights and obligations of the parties shall cease as
of the date of' the damage or destruction, and Tenant shall be entitled to the reimbursement of' any Rent
prepaid by Tenant. if Tenant elects to continue this Lcasc, then all Rent shall abate until the Premises
and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or
destruction; or
(e) by Tenant at the time title to the Property transfers to a condemnin" authority pursuant to a
taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises
unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards
with respect to such taking. Sale of all or paii of the Propcliy to a purchaser with the power of eminent
domain in the face of the exercise of the power shall be treated as a taking by condemnation; or
(t) after the expiration of the initial Term, and upon thi I iy (30) days' written notice by Tenant if
Tenant determines, in its sole discretion. that the Premises or Antenna Facilities are obsolete or unnecessaiy
for Tenant's operations due to economic reasons; provided however that prior to any to I mination under the
Provisions of this Section, Tenant shall pay Landlord a termination fee equal to six (6) times the then current
monthly Rent; or
(g) by "Tenant in the event that (i) any applications for Governmental Approvals should be finally
rejected or (ii) any Governmental Approval issued to Tenant is canceled, expires, lapses, or is othelwise
withdrawn or terminated by governmental authority. As used herein. the term "Governmental Approvals"
means all of the celiificates, permits and other approvals that may be required by any Federal, State or
Local authorities to pelmit Tenant to use of the Premises as described in (his Lease. Landlord shall
reasonably cooperate with Tenant in its effort to obtain such Governmental Approvals.
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APPROVED
DAT osrovz2
J`tUld BrR'A-2G22 ss
10. Default and Right to Cure. Except for those Sections of this Lease which describe a specific
riod (which specific cure periods shall govern), without waiving any other rights granted to it at law
city, each party shall have the right, but not the obligation, to terminate this Lease on written notice
it to Section 13 hereof, to take effect immediately, if the other party fails to perform any covenant
riod of thirty (30) days after receipt of written notice thereof to cure such breach, provided that the
breaching party shall have such extended period as may be reasonably required beyond the thirty (30) days
if the nature of the cure is such that it reasonably requires more than thirty (30) days and the breaching party
commences the cure \Vithin the thirty (30) day period and thereafter continuously.
ontinuously and diligently pursues the
cure to completion. The non -breaching party shall not maintain any action or effect any remedies for default
against the breaching party unless and until the breaching party has failed to cure the breach within the time
periods provided in this Section. Notwithstanding the foregoing to the contrary, it shall be a default under
this Lease if either party fails, within five (5) days after receipt of written notice of such breach, to perform
an obligation required to be performed by such party under this lease if the failure to perform such an
obligation interferes with the other patty's or such patty's other tenants ability to conduct their business on
the Property; provided, however, that if the nature of the 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 Lease if
performance is commenced within such five (5) day period and thereafter diligently pursued to
completion.
l I. "faxes. Tenant shall pay all taxes imposed upon, or assessed with respect to Tcnant's
equipment, and shall indemnify and hold Landlord harmless from an}, tax liability, interest or penalties
which Landlord reasonably demonstrates arises out of'['enant's particular use of the Tower or Premises.
"Tenant shall not be responsible for any real property taxes due with respect to the Premises, or any personal
property taxes with respect to the Tower, exclusive of Tenant's equipment. Notwithstanding the foregoing,
Tenant shall not have the obligation to pay any tax, assessment, or charge that Tenant is disputing in t,>ood
faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided
that no lien attaches to the Property. Nothing in this Section shall be conshucd as makill- Tenant liable for
any portion of Landlord's income taxes in connection with any Property or otherwise.
12. Insurance and Subrogation and Indemnification.
(a) The patties 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. resultin<O 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 can'ied 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 puny as a result of any asserted right of subrogation. All such policies
of insurance obtained by either patty concerning the Premises or the Property shall waive the insurer's right
of subrogation against the otherpatty. `
(b) Landlord and Tenant each agree that at its own cost and expense, each will maintain a
commercial general liability insurance policy, including premises/operations, completed operations, third
party property damage and bodily and personal injury, including death, against claims caused by or
occurring in conjunction with the operation of each patty's business on the Property, with limits of
$3,000,000 per occurrence for bodily injury (including death) and for damage or desh uction to propelty.
Landlord and Tenant each agree that it will include the other patty as an additional insured on the other
party's liability insurance policy as their interest may appear under this Lease and a certificate evidencing
such coverage shall be issued by an insurance company qualified to do business in the State of Idaho.
Subject to the procedures set forth by each party's insurer, each patty shall attempt to provide the other
party not less than thitty (30) days' prior written notice of any proposed cancellation.
(c) Landlord shall obtain and keep in force during the entire tel m of this Lease a policy or policies
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APPROVED
DAT osrovz2
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against loss or damage to the 'Power at full replacement cost, as the same shall exist from time to
.hout a coinsurance feature. Landlord's policy or policies shall insure against all risks of direct
loss or damage (except the perils of flood and earthquake unless required by a lender or included
ase premium), including coverage for any additional costs resulting from debris removal and
lie amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction
or replacement of any undamaged sections of the "rower required to be demolished or removed by reason
of the enforcement of any building, zoning, safety or land use laws as the result of' a covered loss, but not
including plate glass insurance. "tenant shall at all times during the terill, at "Tenant's sole expense, maintain
Workers Compensation insurance, in accordance with the legal requirements of the State in which the
Premises are located, covering all workers or employees of "tenant.
(d) Landlord and "Tenant hereby mutually release each other (and their successors or assigns) from
liability and waive all right ofrecovery against the other for any loss or damage covered by their respective
first patty propetty insurance policies for all perils insured thereunder. In the event of such insured loss,
neither patty's insurance company shall have a subrogatcd claim against the other. To the extent loss or
damage is not covered by their first patty propetty insurance policies, Landlord and 'Tenant each agree to
indemnify and hold harmless the other party from and against any and all claims, damages, cost and
expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts
or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party
or the employees, agents, contractors, tenants and/or subtenants of the indemnifying party, or (b) a breach
of' any obligation of the indemnifying party under this Lcase, except to the extent such claims, damages,
costs, and expenses are caused by the negligence or misconduct of the indemnified patty or the indemnified
patty's employees, agents, contractors, tenants, and or subtenants. Notwithstanding the foregoing. this
indemnification shall not extend to indirect, special, incidental or consequential damages, including,
without limitation, loss of profits, income or business opportunities to the indemnified party or anyone
claiming through the indemnified party. The indemnifying patty's obligations under this section are
contingent upon (i) its receiving prompt written notice of any event giving rise to an obligation to indemnify
the other patty, and (ii) the indemnified patty's granting it the right to control the defense and settlement of
the same. Notwithstanding anything to the contrary in this Lease, the patties hereby confirm that the
provisions of this section shall survive the expiration or termination of this lease. 'Tenant shall not be
responsible to Landlord, or any third -party, for any claims. costs or damages (including, fines and penalties)
attributable to any pre-existing violations of applicable codes, statutes or other regulations -ovcrning the
Property.
13. Notices All notices, requests, demands and other communications shall be in writing and are
effective three(3) days after deposit in the U.S. mail, certified and postage paid. or upon receipt if personally
delivered or sent by next -business -day delivery via a nationally recognized overnight 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.
I fto 'Tenant, to:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, NJ 07921
Attention: Network Real Fstate
Site: I lappy Camper
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APPROVED
DAT 06/01/22
CE %Uld BE A-zazz-0oss
Mz
on "Power Limited Partnership -II
C/o Horizon Tower, LLC
117 Town & Country Drive, Suite A
Danville, CA 94526
Attn: Chief Operating Officer
Courtesy copy to:
Edinger Associates PLLC
187-5 1 St. NW, Suite 500
Washington, D.C. 20006
Attn: Brook Edinger
14. _Quiet Fniovment Titie and Authority. Landlord covenants and warrants to Tenant that (i)
Landlord has full right, power and authority to execute this lease; (ii) it has good and unencumbered title
to the Property and the Tower free and clear of any liens or mortgages, except those disclosed to Tcnant in
writing by the Landlord, and which will not interfere with Tcnant's rights to or use of the Premises; and it
execution execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions
of any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during
the term of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed
as long as Tenant is not in default beyond any applicable grace or cure period.
15. Environmental Laws. Landlord represents that it has no knowledge of any substance or
Hazardous Material (defined below) on the Property. Landlord and Tenant shall not introduce or use any
Hazardous Material on the Property in violation of any applicable law. Landlord shall be responsible for.
and shall promptly conduct any investigation and reinediation as required by any applicable environmental
laws, all spills or other releases of any f lazardous Material not caused by "Tenant, that have occurred or
which may occur on the Property. "Tenant shall be responsible for, and shall promptly conduct any
investigation and remediation as required by any applicable environmental laws. all spills or other releases
of any hazardous Material to the extent caused by Tenant or the employees, agents, contractors, tenants
and/or subtenants of Tenant, which may occur on the Property. Landlord and "Tenant each agree to defend,
indemnify and hold harmless the other and the other's partners, affiliates, agents and employees from and
against any and all losses, liabilities, claims and/or costs (including, but not limited to, damages, costs,
expenses, assessments, penalties, fines, losses, judgments and reasonable attorneys' fees and expenses) that
the indemnitee may suffer or incur arising from any breach of any warranty or agreement contained in this
Section. "hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic
or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).
This Section 15 shall survive the termination or expiration of this Lease.
16. Assignment and Subicasin,,. Notwithstanding anything to the contrary set lOrth in this Lease,
Tenant shall not assign, sublease or otherwise transfer its rights under this Lease or any interest therein, and
shall not encumber, hypothecate or otherwise give as security, this Lease without the prior written consent
of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding
the foregoing, Tenant may assign this lease to a parent corporation or any of its subsidiaries or affiliates
("Tenant shall provide written notice to Landlord within 45 days after such assignment), provided that
'tenant shall not be relieved of its obligations under this lease. Tenant may assign this Lease without
Landlord's consent to any entity which acquires all or substantially all of 'f'enant's assets in the market
defined by the FCC in which the 'Power is located by reason of a merger, acquisition or other business
reorganization. Any assign ment of this Lease that is entered into by Landlord or Tenant shall be subject to
the provisions of this Lease. Additionally, Tenant may, upon notice to Landlord, mortgage, or grant a
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APPROVED ty interest in this Lease and the Antenna Facilities, and may assign for collateral security purposes
06/01/22 ase and the Antenna Facilities to any such mortgagees or holders of security interests including their
D" t sons and assigns (hereinafter collectively referrg ed to as "Secured Parties"). In such event, landlord
;u,tJ ate:A ° °°9s xecute such consent to leasehold financing
as may reasonably be required by Secured Parties.
flaillord agrees to notify Tenant and Tenant's Secured Parties simultaneously of any default by "tenant and
to give Secured Patties the same right to cure any default as Tenant. If a termination, disaffirmance or
rejection of the Lease pursuant to any laws (including any bankruptcy or insolvency laws) by Tenant shal I
occur, or if Landlord shall teiminate this Lease for any reason, Landlord will give to the Secured Patties
Prompt notice thereof and Landlord will give the Secured Patties the right, upon the cure of any default
under this lease, to enter upon the land during a thitty (30) day period conlnlcncin- upon the later of the
Secured Parties' receipt of such notice and the date of any such cure for the purpose of removing Tenant's
facilities, or any portion thereof. Landlord acknowledges that the Secured Parties shall be thfrd-party
beneficiaries of this Lease.
17. Successors and Assigns. This Lease and the F,asenlents pranged herein shall run with the land,
and shall be binding upon and inure to the benefit of the parties, their respective successors, personal
representatives and assigns.
18. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have,
statutory or otherwise, concerning the Antenna Facilities or any portion thereof, which shall be deemed
personal property for the purposes of this Lease, whether or not the same is deemed real or personal property
under applicable laws, and Landlord gives "Tenant and Secured Parties the ri-ht to remove all or any portion
of the same from time to time, whether before or after a default under this Lcasc, in Tcnant's and/or Secured
Parties' sole discretion and without Landlord's consent.
19. Subordination To Prime Lease. The parties acknowledge and agree that Landlord's rights in
the Property are derived from a certain Lease Agreement dated January 17, 2018, and Fit-st Amendment to
Lease Agreement dated July 16, 2018, between Horizon "Tower Limited Partnership-11, a Kansas limited
partnership, by Ilorizon Tower, LLC, a Delaware limited liability company, its Operations Partner, and
Brighton Investments, LLC, an Idaho limited liability company, and SCS Investments, LLC- an Idaho
limited liability company, ("Prime Lessor"), a redacted copy of which is attached as Exhibit E hereto,
hereinafter refen-ed to as the "Prime Lease." All telms, conditions and covenants contained in this Lease
shall be specifically subject to and subordinate to the temis and conditions of an applicable Prime Lease.
Further, Tenant agrees to be bound by such Prime Lease as applicable to the access and occupancy of the
Premises, and Landlord agrees to provide to Tenant in writing, upon full execution of this Lease, the
applicable procedures required by the Prinle Lease to access and occupy the Premises. landlord further
agrees to provide written notice to-1•enant of any and all alterations or modifications to said procedures of
the Prime Lease, immediately upon the date said alterations or modifications become effective. In the event
that the Prime Lease expires or terminates prior to the expiration of the Initial Te I in or applicable Renewal
Tenns, this Lease shall automatically telminate upon termination of Landlord's right to possession of the
Premises and Tenant shall remove its equipment and any improvements from the Premises in accordance
with this Lease and any applicable provisions under the Prime Lease. The Landlord shall not terminate
the Prime Lease prior to expiration of its term without the express written consent of the Tenant. Landlord
agrees not to take any action with respect to the Prime Lease as then in effect which will cause the Prime
Lease to be prematurely telnlinated during the telr of this Lease. Landlord hereby warrants and agrees
that it shall exercise any existing renewal option available to it pursuant to the Prime Lease and shall use
its best efforts to secure any necessary extensions of the term of the Prime Lease through the end of the
term of this Lease. A copy of any applicable Prime Lease with the economic terms and other terms that
Landlord deers reasonably confidential redacted shall be attached to this Lease as Exhibit D and made a
part hereof, unless prohibited by the terms of such Prime Lease. To the extent the Landlord is in material
breach of the Prime Lease, Landlord shall notify the Tenant of such breach and Tenant may take such
actions to cure any such breach under the Prime Lease. 'I•he "Tenant shall be under no obli-ation to take
I IT SITE: SPAN ISIi SUN ID4302 - Vcrizon Site: f lappv Camper 1 Page 8
APPROVED ction but may do so solely at its own discretion. In the event Tenant pays any amount on behalf of
SIJo6/ov22 ord on account of Landlord's breach of the terms of the Primc Lease, the Tenant may deduct such
%UId B;R�A-zozz-0oss is paid from the amount that would otherwise be due from the Tenant to Landlord pursuant to this
CE `rNotwithstanding
b the foregoing, Landlord shall. upon written request by Tenant and at Tenant's cost
an expense, use commercially reasonable efforts to assist 'Tenant in "Tenant's efforts to obtain a non -
disturbance and attornment agreement recognizing, among other things, Tenant's right to remain in
occupancy of and have access to the Premises as long as 'Tenant is not in default of this Lease beyond
applicable notice and cure periods (a "Non -Disturbance Agreement") from the Prime Lessor.
20. Subordination. Landlord shall use its commercially reasonable efforts to obtain not later than
thirty (30) days following the execution of this Lease, a non -disturbance and attornment agreement for
Tenant's benefit containing the terms described below, from any existing mortgagee(s) or security interest
holders of the Property or the 'Power. This Lease is subject to told subordinate at all times to the lien of
existing and future mortgages, deeds of trust and similar security documents (collectively, "Mortgages")
which may now or hereafter encumber the Property, on the condition that the holder of such Mortgage
agrees in writing that it will not, for so long as 7 enant shall not be in default under this (.case (alter notice
and the expiration of applicable cure periods) disturb the peaceful quiet enjoyment of the Lease by I•enant,
and that it will recognize all of 'tenant's rights under- the Lease. No instrument shall be necessary to
effectuate this subordination, but "tenant agrees to execute and deliver such further commercially
reasonable instruments subordinating this Lease to the lien ofall such Mortgages on the condition described
herein, as may reasonably be requested from time to time.
21. Tower Comuliancc Landlord covenants that it will Keep the lower in good repair as required
by all federal, State and Local laws, ordinances, codes, rules and regulations. The Landlord shall also
comply with all rules and regulations enforced by the Federal Communications Comm ission with regard to
the lighting, marking and painting of towers. If the Landlord fails to make such repairs including
maintenance the Tenant may make the repairs and the costs thercofshall be
Landlord on demand together with interest thereon from the date of Payment at the �
■ the Lan lord oes nnot make
payment to the Tenant within ten (10) days after such demand, the•Tenant shall have the ri"ht to deduct the
costs of the repairs from the succeeding monthly rental amounts normally due from the 'I enant to the
Landlord. Should Landlord he cited because the Tower or Property is not in compliance with such laws,
ordinances, codes, rules and regulations, "Tenant may terminate this Lease if Landlord fails to cause a cure
of the condition of non-compliance within sixty (60) days from the date of the citation or the time required
for compliance by the applicable governmental authority.
22. Miscellaneous,
(a) Should either party to this Lease institute any legal proceedings against the other for breach or
failure to pe I form any provision in this lease, the prevailing party in such litigation shall be entitled to its
reasonable attorneys' fees and court costs, including appeals, if any.
(b) Within thiity (30) days after receipt of written request, Tenant shall deliver to Landlord, or to
any mortgagee or prospective purchaser of Landlord's interest, a certificate stating that, to the extent the
same is hue: (i) Tenant has entered into occupancy of the "Dower and Premises in accordance with the
provisions of this Lease; (ii) this Lease is in full force and effect; (iii) Landlord has performed the covenants,
agreements or conditions requited of Landlord, if such be the case (and if such not be the case, then 'Tenant
shall list those covenants, agreements or conditions not so performed), and any other information
reasonably requested by the Landlord or such mortgagee.
I IT SITE' SPAN IS; 11 SUN - IDd302 - VerIZUn Sitc: I lapp) Campei 1 Page 9
APPROVED (c) This Lease constitutes the entire agreement and understanding of the patties, and supersedes all
egotiations and other agreements, with respect to the subject matter and property covered by this
DA EI 06/01/22
J %Uld B;R' A-2G22 -11
(d) Each party agrees to cooperate with the other in executing a Memorandum of Lease in
substantially the form as set forth in Exhibit E attached hereto and made a part hereof, necessary to protect
its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease by
either party and is for recording purposes only and bears no reference to commencement of either the term
or rent payment.
(e) This Lease shall be construed in accordance with the laws of the state in which the Property is
located.
(f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining
terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions
are deemed not enforceable, they shall be deemed modified to the extent necessary to make them
enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but
rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by
either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by
delay or any other act or omission of either party. No waiver by either party of any provision of this Lease
shall be deemed a waiver- of such provision with respect to any subsequent matter relating to such provision.
(g) The persons who have executed this Lease represent and warrant that they are duly authorized
to execute this Lease in their individual or representative capacity as indicated.
(h) All Exhibits referred to herein are incorporated herein for all purposes.
(i) If Landlord is represented by any broker or any other leasing agent with regard to this Lease,
Landlord is responsible for all commission fees or other payment to such agent, and agrees to indemnify
and hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If Tenant
is represented by any broker or any other leasing agent with regard to this Lease, Tenant is responsible for
all commission fees or other payment to such broker, and agrees to indemnify and hold Landlord harmless
from all claims by such broker or anyone claiming through such broker.
0) Subject to the terms of this Lease, Landlord covenants that Tenant, on paying the rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
(k) Landlord represents and warrants to Tenant as of the execution date of this Lease, Landlord has
a good and valid leasehold interest in the Property pursuant to the Prime Lease and has full authority to
enter into and execute this Lease. Landlord further covenants during the term that there are no liens,
judgments or impediments of Landlord's interest in the Prime Lease.
(1) SUCCESSORS. This Lease shall extend to and bind the heirs, personal representative,
successors and assigns of the parties hereto.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 10
CUEIDR Iy
APPROVED The effective date of this Lease is the date of execution by the last party to sign (the "Effective
DATE: 06/01/22
FILE NUMBER:^-2022-000s ORD: Horizon Tower, Limited Partnership -II, a Kansas limited partnership
izon Tower, LLC, its ations Partner
By:
Printed Name: John Kan . a )
Its: CEO l
Date:
TENANT: Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By:
Printed Name: VQ, Vag
Its: - D-jre t5"inee ieq
Date:
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page I I
E IDIAN —
APPROVED
DAT 06/01/22
�IJ "'UMB;R:- I
EXHIBIT A
Legal Description
The Property is legally described as follows:
An approximate 2400 square feet, together with access and utility easements, of:
LEASE SITE DESCRIPTION:
A [FASF SITE �0, THIN THE MORMEAST loq OF TflESOUTHWE.17114 OF SECT ON
14, TO4716114W 3 NORM R-ANGE I WEST, Ba'SE MEMM-N, ALIA COUNTY, IDAJ40,
�MJNG A, PORTION Or LEZZOAMS PARCEL AS' alIOWN VNI ME SPA.M.15H SNUM
LEA SEE SJTE SURVEY THATACOMMAMIES TMS DESCRIPTION, REM MORE
PAHUCULARLY VESCH)BEL) AS FOLLCM3:
GOMMENGING AT ITriE GENIERGUARTERGURNER OF SECTION 14 maNU618NTED
BY A FOUND fiffl'IRON RELY AS SHOWN ON CORNER RECORD INSTRUMENT NO,
1UO748M,, FROM WHiCH THE WEST DUARTER CO"ER OF SECTION 14,
MONLIM M-TED BY AFOUND I-d-LIMINUM CAP AS SHOWN, 014 CORNEzR RECORD
INSTRUMENT NO. 11022FA6 BEARS NORTH 89111 TW VOEST, 2666,46 FEET, THENCE
S01-11" 5951 1'58'WESTy 100,52 FEET; THENCE NORTH 69"1 1'2H MEST, 159,78 FEET,,
THENCE SOUTH 001'4812� WEST, GAG FEET TO THE POINT OF BEGINNING;
THENCE- SOUTH 09'1 128F EAST, M00 FEET, THENCE SO4jTI-I C-0*48-32"WEST,
40M FEET; THENCE NMTH .99"11'26'WEST! Milk' THENCE NORTH, MAW'a2'
FASTd 40,00 FEET TO THE PVNT OF BEGINNING,
0-)NTAININ17.2,401) SVA—)ARF, FEET VAIRF OR LESS,
ACCESS & UTILITY EASEMENT DESCRIPTFON:
A 12-FOOT WIDE ACQ55RS & UMITY EASEMEW INYTHIN Tf-AE NORTffEA-57 114 OF
THE SOUTffiVEST 114 OF SECTWN 14, TOWNSMP 3 MORT", RANOE 1 WEST,
HOME MEPIMAYADVI COUPItY, IDNIO, B&NO A POP11014 Or, LrSsows PAPCEL
AS SHOM ON THE SPAMSH St,'N LEASE SdTE SURVEY THATACCOMPAMES THIS
LIFSMP"014, T14L CENTERt-IME', REM; MOME PAUDCLU-,AHLY VESCR)BEL) A9
FOLLOWS;
COM MINCING AT THE CENTER R QUATE R 00- RN ER OF ZZ GTI ON 14 (W)INU M NTUD
BY A FOLNIO 501RON REBAR AS SHMIN ONCORNER RECORD INSTRUMENT NO.
100074810, FROM WHI-CH THE WOST QUARTER CORNER OF --E-C-Tl(x"j 14,
t41ONUMENTED BY A FC41ND ALUMINUM CAP AS SHOWN ON CORNER RECORD
T I2 656.45 FEET; THENZE
P,J' SRI-IrdNT lENO1(122 , I 5c.5 BEARS T NORH Rug"I 1'M'WEST, 76
BO
UT" 69E 1110 WEST, 100.552 FEET TO THE POINT Of BEGINNING,
THENCE BEIN6 & FEET LEFT AND RIGHT OF THE MtLOWINIG DESCRIBED
CENTERLINE;
NORTH 69"1 V20 WEST, 16970 FEET TO THE POINT OF IFERAMNUS.
THE SIDE LINFS OF THESE P4S0uWNT5; ARE TO BE LR�I�TJHRMRD OR
SHORTENED TO PCOM A CLOSED FIGURE
00 N'TAJ N I IN 13 1,9 0 _5 SQU, AR E FEET MORE OR LESS.
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 12
APPROVED
DA E' 06/01/22
C; %Uld B;R' A-2G22 -11
EXHIBIT B
The location of the Premises within the Property (together with access and utilities)
is more particularly depicted as follows:
Pfi�'11'L'ii' tti5Ii.45' tRi<b:it4i3
uriilil lli „�Pcc
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SEE SITE
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W, NAVIGATOR 6RIV—
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LESSOR'S PARCEL
1 a
SCALE 1"=109
cl� i11JCMM11
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 13
E IDI� 11
APPROVED
)A:P 06/01/22
C; `IUId B;R' A-2G22 -11
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HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 14
APPROVED
DA EI 06/01/22
C; %Uld B;R' A-2G22 -11
EXHIBIT C
Co -Location Application
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 15
E IDI� Il
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APPROVED
DA EI 06/01/22
C; %Uld B;R' A-2G22 -11
EXHIBIT D
PRIME LEASE
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 16
APPROVED
LAND LEASE AGREEMENT
DAT osrovz2
'jj 'U'`1B R A2G22-11 This Land Lease Agreement, made this , /� � day of J'(/L Y 2018
("E ective Date") (the "Agreement"), between Brighton Investments, LLC, an Idaho limited
liability company and SCS Investments, LLC, an Idaho limited liability company, with its principal
offices located at 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter collectively
designated LESSOR, and Horizon Tower Limited Partnership -II, a Kansas Limited Partnership, by
Horizon Tower, LLC, its Operations Partner, having a mailing address of 117 Town & Country
Drive, Suite A, Danville, CA 94526, hereinafter designated LESSEE. LESSOR and LESSEE are
at times collectively referred to hereinafter as the "Parties" or individually as the "Party".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties agree as follows;
1. LEASED PREMISES. LESSOR owns that certain plot, parcel or tract of land,
together with all rights and privileges arising in connection therewith, located on W Excursion Lane,
in the City of Meridian, County of Ada, State of Idaho depicted on Exhibit A (collectively, the
"Property"), LESSEE desires to use a 2,400 square foot (40 foot by 60 foot) portion of the Property
(the "Premises"), as depicted on Exhibit B, in connection with its intention to install, maintain and
operate a tower structure, provide antenna locations and sublease ground and tower space for
federally licensed communications businesses ("Use"). LESSOR desires to grant to LESSEE the
right to use the Premises in accordance with this Agreement. The Premises shall include any
landscaping or fencing required by any governmental agency. LESSOR also hereby grants to
LESSEE the right to survey the Property and the Premises, and upon approval of LESSOR, said
sur-vey shall supersede and replace Exhibit B attached hereto. The revised Exhibit B shall control in
the event of boundary and access discrepancies between it and Exhibit A. Cost for such survey shall
be borne by LESSEE.
2. ACCESS. LESSEE and its employees, agents, subcontractors, and subtenant(s), if
any, shall have the non-exclusive right of access for the Use (pedestrian and vehicular) to and from
the Premises, seven days a week, 24-hours a day, through, over and/or under the Property in a
location to be approved by LESSOR. In the event LESSEE has exhausted all options and efforts to
utilize an existing access or public utility easement then LESSOR agrees to grant additional access
or an easement either to LESSEE or to the public utility, for; the non-exclusive use by LESSEE.
3. TERM; RENT. This Agreement shall be effective as of the date of execution by
both Parties. The initial lease teen will be fifteen (15) years ("Initial Term"), commencing upon
the Commencement Date (as hereinafter defined) and will terminate on the last day of the month
in which the fifteenth (151h) annual anniversary of the Commencement Date occurs. This
Agreement shall automatically renew for two (2) additional five (5) year terms (each five-year
term shall be defined as an "Extension Term"; the Initial Term and any Extension Terms are
collectively referred to as the "Term"), upon the same terms and conditions unless LESSEE notices
LESSOR in writing of LESSEE's intention not to renew this Agreement at least sixty (60) days
prior to the expiration of the then existing Term. The minimum annual base rent for years 1-5 of
LAND LEASE AGREEMENT -- Page 1 SPANISH SUN ID4302
This Agreement shall commence on the date LESSEE commences installation of the
equipment on the Premises, which date shall be communicated by LESSEE to LESSOR in writing
delivered to the notice address specified in Section 21 herein (the "Commencement Date"), In the
event the date LESSEE commences installation of the equipment on the Premises falls on any day
other than the first day of a month, solely for the purposes of determining the length of the Initial
Term, the dates for any Extension Terms and the dates for any Escalation, the Commencement
Date shall be deemed to have begun on the first day of the following month and Rent for any partial
month shall be prorated on a per diem basis calculated based on a 30-day month. LESSOR and
LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and
LESSEE acknowledge and agree that initial Rent payment(s) shall not actually be sent by LESSEE
until thirty (30) days after a written acknowledgement is delivered to LESSEE by LESSOR
confirming the Commencement Date. By way of illustration of the preceding sentence, if the
Commencement Date is January 1 and the written acknowledgement confirming the
Commencement Date is dated January 14, LESSEE shall send to LESSOR the Rent payments for
January 1 and February 1 by February 13.
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.
LAND LEASE AGREEMENT — Page 2 SPANISH SUN ID4302
E IDI� 11
APPROVED
DAT osrovz2
C;%Uld B;R'A-2G22 ss
TAXES.
(a) LESSOR shall invoice and LESSEE shall pay any applicable transaction
uding sales, use, gross receipts, or excise tax) imposed on LESSEE and required to be
collected by LESSOR based on any service, rental space, or equipment provided by LESSOR to
LESSEE. LESSEE shall pay all real estate and personal property taxes, fees, assessments, or other
taxes and charges imposed by any Governmental Entity ("Taxes") that are directly attributable to
LESSEE's USE, including, but not limited to, antennas, equipment and related appurtenances, or
LESSEE's use and occupancy of the Premises. If allowed by any Governmental Entity, LESSEE
shall have notices regarding Taxes sent directly to LESSEE and LESSEE shall pay the same
directly to the applicable Governmental Entity on or before its due date. LESSEE shall not allow
a lien to be placed on the Premises and/or Property. In the event that LESSOR receives any notice
for LESSEE's Taxes, payment shall be made to LESSOR by LESSEE within sixty (60) days after
presentation of the bill and/or assessment notice which is the basis for such taxes or charges.
(b) LESSEE shall have the right, at its sole option and at its sole cost and
expense, to appeal, challenge or seek. modification of any tax assessment or billing for which
LESSEE is wholly responsible for payment. LESSOR shall reasonably cooperate with LESSEE
at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set
forth in the preceding sentence, including but not limited to, executing any consent, appeal or
other similar document. In the event that, as a result of any appeal or challenge by LESSEE, there
is a repayment received by LESSOR for any taxes previously paid to LESSOR by LESSEE,
LESSOR agrees to promptly reimburse to LESSEE the amount of said repayment upon
LESSOR's receipt of such repayment from the applicable Governmental Entity. If there is a
reduction or credit received by LESSOR of any taxes previously invoiced by LESSOR to
LESSEE, LESSOR will credit or reduce the amount of such invoice by that amount.
5. USE. LESSEE shall use the Premises for the purpose of constructing, maintaining,
repairing and operating a tower structure that will provide antenna locations for the transmission and
reception of communication signals and related equipment, cables, accessories and improvements
which may include equipment shelters or cabinets, transmission cables, electric lines, fencing and
other items necessary to secure use of the Premises ("Communications Equipment"), as well as the
right to test, survey and review title on the Premises, and to make alterations, improvements,
upgrades or additions to the Premises appropriate for LESSEE's use and to insure that LESSEE's
Communications Equipment complies with all applicable federal, state or local laws, rules or
regulations. An eight -foot (8') security wall constructed with concrete or masonry shall be placed
around the perimeter of the Premises, at LESSEE's expense and maintenance; the design of such
security wall shall be approved by LESSOR prior to construction. All improvements, equipment,
antennas and conduits ("Improvements") shall be at LESSEE's expense and their installation shall
be at the discretion and option of LESSEE, provided that, unless otherwise approved by LESSOR,
none of the Improvements, other than the tower structure and the equipment mounted on the tower
structure, shall be visible over the security wall.
6. IMPROVEMENTS. The Communications Equipment including, without limitation,
antennas, conduits, and other improvements shall be at LESSEE's expense and installation shall be
made on the basis of drawings approved by LESSOR and referenced in Exhibit C attached hereto,
LAND LEASE AGREEMENT — Page 3 SPANISH SUN ID4302
APPROVED therwise approved in writing by LESSOR. At all times, Exhibit C will reflect a true and
DAT 06/01/22 description of the Premises. LESSEE shall cause all construction to occur lien -free and in
,U, -� ^2G22° 11 cc with all applicable laws and ordinances. LESSEE shall have the right to replace, repair,
aua or otherwise modify its Communications Equipment, antennas, conduit or other improvements
or any portion thereof and the frequencies over which the Communications Equipment operates,
provided that such replacement, repair or modification does not substantially alter the
Communications Equipment from what is described, listed and/or depicted in this Agreement. No
advertising signage shall be placed on the Communications Equipment, except such signage as may
be required by applicable Laws.
(a) Master Declaration. LESSEE'S use of the Property and the Premises is
subject to the terms, conditions and restrictions in that certain Declaration of Covenants, Conditions,
Restrictions and Easements for the Ten Mile Crossing Subdivision recorded in the records of Ada
County, Idaho, as Instrument No. 2016-065448, as supplemented and amended from time to time.
7. GOVERNMENTAL APPROVALS. LESSEE's Use is contingent upon LESSEE
obtaining all of the certificates, permits and other approvals (collectively the "Government
Approvals") .that may be required by any Federal, State or Local authorities (collectively, the
"Governmental Entities"). 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 LESSEE's Use.
8. MAINTENANCE. LESSEE will keep and maintain the Premises in good condition,
reasonable wear and tear and damage from the elements excepted.
9. INDEMNIFICATION.
(a) Assumption of Risk; Release. LESSEE and all those claiming through or
under, including but not limited to employees, agents, customers, invitees, subtenants and
concessionaires ("LESSEE Parties") shall store their property in and occupy and use the Premises
solely at their own risk. LESSEE hereby releases LESSOR, and its respective affiliates, employees
and agents ("LESSOR Parties"), from all claims by LESSEE or LESSEE Parties, including loss of
life, personal or bodily injury, damage to merchandise, equipment, fixtures or other property, or
damage to business (including business interruption) arising, directly or indirectly, out of or from or
on account of such occupancy and use or resulting from any present or future conditions or state of
repair thereof, except to the extent such claims are directly caused by the negligence of LESSOR
and are not covered by insurance required to be carried by LESSEE hereunder. LESSOR and
LESSOR Parties shall not be responsible or liable for damages to LESSEE, or to those claiming
through or under LESSEE for any loss of life, bodily or personal injury, or damage to property or
business that may be occasioned by or through the acts, omissions or negligence of any other person
including, without limitation, other tenants, occupants or customers of any portion of the Property.
LESSOR shall not be responsible or liable for damages at any time for loss of life, or injury or
damage to any person or to any property or to the business of LESSEE or LESSEE Parties caused
by or resulting from acts of God or the elements.
LAND LEASE AGREEMENT — Page 4 SPANISH SUN ID4302
APPROVED (b) Indemnification. This Agreement is made on the express condition that
," E oAPPROVED
R shall not be liable for, or suffer loss by reason of, injury to person or property, from
'U'`1B R A 2G22 95 r cause, in any way connected with the condition, use, occupational safety or occupancy of
the Premises, specifically including, without limitation, any liability for injury to the person or
property of LESSEE, LESSEE's agents, or any third patties left in LESSEE's care, custody or
control. LESSEE hereby agrees to indemnify, and to hold harmless and defend LESSOR from and
against all claims, losses, expenses or liabilities for injury or death to any person or for damage to or
loss of use of any property arising out of any occurrence in, on or about the Premises, of caused or
contributed to by LESSEE or LESSEE Parties or arising out of any occurrence in, upon or at the
Premises, or on account of the use, condition, occupational safety or occupancy of the Premises
(except to the extent caused by LESSOR's gross or sole negligence or willful misconduct). It is the
intent of the parties hereto that the indemnity contained in this section shall not be limited or barred
by reason of any negligence on the part of LESSOR or LESSOR's agents, except as expressly
provided herein. Such indemnification shall include and apply to attorneys' fees, investigation costs,
and other costs actually incurred by LESSOR. LESSEE shall further indemnify, defend and hold
harmless LESSOR from and against any and all claims arising from any breach or default in the
performance of any obligation on LESSEE's part to be performed under the terms of this Agreement.
The provisions of this section shall survive the expiration or termination of this Agreement with
respect to any damage, injury, death, breach or default occurring prior to such expiration or
termination.
10. INSURANCE. LESSEE agrees that the Communications Equipment and all other
fixtures and equipment and personal property belonging to LESSEE and located in or about the
Premises shall be at the sole risk of LESSEE, and LESSOR shall not be liable for the theft or
misappropriation thereof, nor for any damage or injury thereto, nor for any damage or injury to
LESSEE, its subtenant(s), agents, employees and licensees or invitees, or to any other persons or
to any property caused by fire, explosion, wind, water, rain, snow; frost, steam, gas, electricity,
any Acts of God, heat or cold,, or by any act or neglect of any other person, it being the obligation
of LESSEE to insure its personal property and Communications Equipment.
LESSEE Obligations:
(a) Types of Insurance Required. During the Term, LESSEE will maintain at
its expense the following types of insurance: (i) workers' compensation in an amount required by
law; (ii) employer's liability insurance in the amount of $1,000,000.00 for each accident for bodily
injury by accident and $1,000,000.00 for each employee for bodily injury by disease; and (iii)
commercial general liability with a per occurrence limit of $2,000,000.00 and a general aggregate
of $4,000,000.00 for bodily injury and property damage on an occurrence basis and containing an
endorsement having LESSOR and the Additional Insureds listed as additional insureds, a
separation of insured provision, a waiver of subrogation in favor of LESSOR, its agents, employees
and lender, an aggregate limit per location endorsement, a deletion of contractual liabilities
exclusion for personal injury and advertising injury liability, and no modification that would make
LESSEE's policy excess or contributing with LESSOR's liability insurance.
(b) Policy Requirements. All policies will be issued by carriers having ratings
of Best's Insurance Guide A and VIII, or better, and admitted to engage in the business of insurance
LAND LEASE AGREEMENT — Page 5 SPANISH SUN ID4302
E IDI� 11
APPROVED
DAT osrovz2
C;%Uld B;R'A-2G22 ss
All policies must be endorsed to be primary and noncontributing with the policies of
being excess, secondary and noncontributing. Any policy or endorsement form must be
in advance by LESSOR. No policy will be canceled, non -renewed or materially
without thirty (30) days prior written notice by insurance carrier to LESSOR. LESSEE
must immediately notify LESSOR in writing if any aggregate limit is reduced below 75% of the
limit required by this section because of losses paid. No policy will contain a deductible or self -
insured retention in excess of $5,000.00 without the prior written approval of LESSOR. If the
forms of policies, endorsements, certificates, or evidence of insurance required by this section are
superseded or discontinued, LESSOR will have the right to require other equivalent or .better
forms.
(c) Evidence of Coverage. Evidence of the insurance coverage required to be
maintained by LESSEE under this section, represented by certificates of insurance issued by the
insurance carrier, must be furnished to LESSOR prior to occupying the Premises and at least thirty
(30) days prior to the expiration of current policies. Copies of all endorsements required by this
section must accompany the certificates delivered to LESSOR. The certificates will state the
amounts of all deductibles and self -insured retentions and that LESSOR will be notified in writing
thirty (30) days prior to cancellation, material change, or non -renewal of insurance. If requested
in writing by LESSOR, LESSEE will provide to LESSOR a certified copy of any or all insurance
policies or endorsements required by this section.
(d) Failure of LESSEE to Insure. In the event LESSEE shall fail to purchase
and keep in force any of the insurance required of LESSEE in this Section 10, LESSOR may, but
shall not be required to, purchase and keep in force the same, in which event LESSEE shall pay to
LESSOR the full amount of LESSOR's expense with respect thereto, said payment to be made
within ten (10) days after demand for such payment by LESSOR. The election by LESSOR to
purchase said insurance on behalf of LESSEE shall not constitute a curing of the default
occasioned by LESSEE's failure nor be an election of remedies otherwise available to LESSOR.
(e) Adjustment of Coverage. Not more frequently than every 3 years during
the Term if, in the opinion of LESSOR based on industry and local standards, the amount of public
liability and property damage insurance required to be carried and maintained by LESSEE is at
the time not adequate, LESSEE shall increase insurance coverage as reasonably determined by
LESSOR to be adequate.
11. INTERFERENCE. LESSEE agrees that LESSEE will not cause interference that
is measurable in accordance with the then industry standards to LESSOR's equipment or the then
existing equipment of occupants of the Property. LESSOR agrees that LESSOR will not cause
interference that is measurable in accordance with the then industry standards to the then existing
equipment of LESSEE. LESSOR agrees that if there are existing radio frequency user(s) on the
Property, LESSOR will provide LESSEE with a list of all existing radio frequency user(s) on the
Property to allow LESSEE to evaluate the potential for interference. LESSOR agrees that
LESSOR will not install other equipment that is of the type and frequency that may cause harmful
interference which is measurable in accordance with then existing industry standards to the then
existing equipment of LESSEE. In no event shall any modifications to LESSEE's
LAND LEASE AGREEMENT — Page 6 SPANISH SUN ID4302
APPROVED
nications Equipment cause harmful interference to existing equipment of LESSOR or
DAT 06/01/22 Icui)ants or tenants in use at the time of the modification.
J%Uld B;R'A-2G22 ss
12. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate
this Agreement upon written notice to LESSOR in the event that (i) any application for a
Governmental Approval should be finally rejected; (ii) any Governmental Approval issued to
LESSEE is canceled, expires, lapses or is otherwise withdrawn or terminated by any Government
Entity; (iii) LESSEE determines that any Governmental Approval may not be obtained in a timely
manner; or (iv) at any time before LESSEE commences any modifications to the Premises and/or
Property for its installation of any of LESSEE's Communications Equipment for any reason or no
reason in LESSEE's sole discretion (collectively "Early Termination"). Upon LESSOR's receipt
of any such Early Termination notice and the date of termination stated therein this Agreement
shall have no further force and effect except for representations, warranties, indemnifications that
survive its expiration of earlier termination.
13. REMOVAL AT END OF TERM. Upon expiration of the Term, or within thirty
(30) days after any earlier termination of the Agreement, LESSEE shall remove LESSEE's and
any subtenant's Communications Equipment, including concrete footings to three (3) feet below
grade, and restore the Premises substantially to its original condition, reasonable wear and tear and
casualty damage excepted. LESSOR agrees and acknowledges that all of the Communications
Equipment shall remain the personal property of LESSEE or its subtenants (as applicable) and
LESSEE and its subtenants 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. If such time for removal causes LESSEE to remain on the Premises after termination of this
Agreement, LESSEE shall become a month -to -month tenant and shall pay rent at one hundred fifty
percent (150%) of the then existing monthly rate or on the existing monthly pro-rata basis if based
upon a longer payment.term, until such time as the removal of the Communications Equipment is
completed.
14. HOLDOVER. If upon expiration of the Term the Parties are negotiating a new
lease or a lease extension, then this Agreement shall continue during such negotiations on a month
to month basis at the rent in effect as of the date of the expiration of the Term. In the event that
the Parties are not in the process of negotiating a new lease or lease extension and LESSEE holds
over after the expiration or earlier termination of the Term, then LESSEE shall become a month
to month tenant and shall pay rent at 150% of the then existing monthly rate or on the existing
monthly pro-rata basis if based upon a longer payment term, until the removal of the
Communications Equipment is completed.
15. SUBORDINATION. LESSEE agrees that at all times this Agreement and
LESSEE's leasehold estate created hereby shall be subordinate to the lien of any mortgage, deed
of trust or other encumbrance, together with any renewals, extensions or replacements thereof,
now or hereafter placed, charged or enforced against LESSOR's interest in the Premises and/or the
Property. Upon the request of LESSOR, LESSEE agrees to execute and deliver such documents
(containing customary terms and conditions) as may be reasonably required to effectuate such
subordination. In the event LESSEE shall fail, neglect or refuse to execute and deliver any such
document within ten .(10) days after receipt by LESSEE of the document(s) to be executed by it,
LAND LEASE AGREEMENT — Page 7 SPANISH SUN ID4302
APPROVED t such subordination, LESSEE hereby irrevocably appoints LESSOR, and LESSOR's
DAT 06/01/22 ors and assigns, the true and lawful attorney -in -fact of LESSEE to execute and deliver in
A2G22 95 E's own name any and all such documents for and on behalf of LESSEE in connection with
such subordination.
16. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the Rent and
other amounts payable by LESSEE under this Agreement, and performing the covenants, terms
and conditions of this Agreement required of LESSEE to be kept and performed, may have, hold
and enjoy the Premises during the Term hereof.
17. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Tenn 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. The Communications Equipment shall be deemed personal
property for purposes of this Agreement, regardless of whether any, portion is deemed real or
personal property under applicable law, and LESSOR consents to LESSEE's right to remove all
or any portion of the Communications Equipment from time to time in LESSEE's sole discretion
and without LESSOR's consent.
18. ATTORNMENT. In the event of a sale or conveyance by LESSOR of the Premises
and/or the Property, other than a transfer for security purposes only, LESSOR shall be relieved
from all obligations and liabilities accruing thereafter on the part of LESSOR, provided that any
funds in the hands of LESSOR at the time of transfer in which LESSEE has an interest, shall be
delivered to the successor of LESSOR. This Agreement shall not be affected by any such sale and
LESSEE agrees to attorn to the purchaser or assignee provided that all LESSOR's obligations
hereunder are assumed in writing by the transferee.
19. 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.
20. ASSIGNMENT SUBLETTING AND MORTGAGING.
a. Assignment. Without any approval or consent of the other Party, this
Agreement may be sold, assigned or transferred by either Party to (i) any entity in which the Party
directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly
holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under
common control with the Party. LESSEE may assign this Agreement to any entity which acquires
all or substantially all of LESSEE's assets in the market defined by the FCC in which the Property
is located by reason of a merger, acquisition or other business reorganization without approval or
consent of LESSOR. As to other parties, this Agreement may not be sold, assigned or transferred
without the written consent of the other Party, which such consent will not be unreasonably
withheld, delayed or conditioned. No change of stock ownership, partnership interest or control
LAND LEASE AGREEMENT — Page 8 SPANISH SUN ID4302
APPROVED lent
EE or transfer upon partnership or corporate dissolution of either Party shall constitute an
DAT 06/01/22
hereunder.
J%Uld B;R'A-2G22 ss
b. Sublease. LESSEE shall have the right to enter into a sublease with a
telecommunication carrier for ground and/or tower space within the Premises without the prior
consent of LESSOR; however such sublease shall not relieve LESSEE of its obligations under this
Agreement, including payment of Rent. Any sublease shall specify that it shall terminate upon the
termination of this Agreement for whatever reason.
G. Mortgage. LESSOR agrees that LESSEE may mortgage, hypothecate or
grant a security interest in the Agreement and the Communications Equipment, and may assign
the Agreement or any rights therein and the Communications Equipment to any mortgagees or
holders of security interests, including their successors or assigns (collectively "Mortgagees"),
provided such Mortgagees interests in the Agreement are subject to any and all of the terms and
provisions of the Agreement. In such event, LESSOR shall execute such consent or
acknowledgements to leasehold financing as may reasonably be required by Mortgagees.
Execution of any Mortgagee required documents shall not be unreasonably withheld, conditioned
or delayed.
21. 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: Brighton Investments, LLC and SCS Investments, LLC
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83713
Attention: Property Management
LESSEE: Horizon Tower Limited Partnership-Il
Horizon Tower, LLC
117 Town & Country Drive, Suite A
Danville, CA 94526
Notice shall be effective upon actual receipt or refusal as shown on the receipt
obtained pursuant to the foregoing.
22. SPECIAL PROVISIONS.
(a) Site Layout. Prior to construction, LESSEE shall submit to LESSOR the
following plans for review by LESSOR, who shall review and approve, comment or reject said
plans within fourteen (14) business days of LESSOR's receipt: site plan, elevation plan with colors
LAND LEASE AGREEMENT — Page 9 SPANISH SUN ID4302
(E IDI� LA\,-
APPROVED lerials show, landscape plan, utility plan
Da:e 06/01/22 �tructed of metal.
: J R'A-za 2 11
In no event shall.any carrier's equipment shelter
(b) Advertising. No part of the Premises or Improvements may display any
advertising.
(c) Tower. The tower installed on the Premises shall be disguised to look like
a pine tree as depicted on the plans approved by LESSOR. LESSEE shall not alter or modify such
fagade without prior written consent of LESSOR.
23, SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
24. DEFAULT. It is a "Default" if either Party fails to comply with this Agreement
and does not remedy the failure within thirty (30) days after written notice by the other Party or, if
the failure cannot reasonably be remedied in such time, if the failing Party does not commence a
remedy within the allotted thirty (30) days and diligently pursue the cure to completion within
ninety (90) days after the initial written notice. The cure periods set forth in this Section 24 do not
extend the period of time in which either Party has to cure interference pursuant to Section 11 of
this Agreement. Notwithstanding anything to the contrary in this Section 24, LESSEE's failure to
pay any installment of annual rent within ten (10) days following its due date, shall constitute a
material default and breach of this Agreement by LESSEE.
25. REMEDIES. In the event of a Default, without limiting the non -defaulting Party
in the exercise of any right or remedy which the non -defaulting Parry may have by reason of such
default, the non -defaulting Party may pursue any rights and/or remedies now or hereafter available
to the non -defaulting Party under this Agreement or allowed in equity and/or under the Laws or
judicial decisions of the state in which the Property is located. Further, 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 and the reasonable costs and expenses of any such performance by'the non -
defaulting Panty shall be due and payable within thirty (30) days by the defaulting Party upon
receipt of an invoice accompanied by reasonable support documents therefor.
26. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all
applicable laws governing the protection of the environment or employee health and safety
("EH&S Laws"). LESSEE shall indemnify and hold harmless LESSOR from claims to the extent
resulting from LESSEE's violation of any applicable EH&S Laws or to the extent that LESSEE
causes a release of any regulated substance to the environment. The Parties recognize that LESSEE
is only leasing a small portion of LESSOR's property and that LESSEE shall not be responsible
for any environmental condition or issue except to the extent resulting from LESSEE's specific
activities and responsibilities. In the event that LESSEE encounters any hazardous substances that
do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous
substances to a mutually agreeable location or, if LESSEE desires to remove at its own cost all or
some of the hazardous substances or materials (such as soil) containing those hazardous
substances.
LAND LEASE AGREEMENT — Page 10 SPANISH SUN ID4302
APPROVED
27. CASUALTY. In the event damage by fire or other casualty to the Premises impairs
," E oAPPROVED
D IEs Use, rent shall abate until LESSEE's Use is restored. If LESSEE's Use is not restored
''.E'E MB; R:A-2G22G095 ffoily-five (45) days, LESSEE may terminate this Agreement.
28. CONDEMNATION. In the event any condemnation of all or any portion of the
Property or Premises impairs LESSEE's Use, LESSEE may terminate this Agreement. LESSEE
may, on its own behalf, make a claim in any condemnation proceeding involving the Premises for
losses related to LESSEE's Communications Equipment, related costs and, specifically excluding
loss of LESSEE's leasehold interest, any other damages LESSEE may incur as a result of such
condemnation.
29. APPLICABLE LAWS. LESSEE shall, in respect to the condition of the Premises
and at LESSEE's sole cost and expense, comply with (i) all laws relating solely to LESSEE's
specific and unique nature of use of the Premises; and (ii) all building codes requiring
modifications to the Premises due to the improvements being made by LESSEE in the Premises.
It shall be LESSOR's obligation to comply with all laws relating to the Property.
30, 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.
31. MISCELLANEOUS. This Agreement contains all agreements, promises and
understandings between LESSOR and LESSEE regarding this transaction, and no oral agreement,
promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute,
controversy or proceeding. This Agreement may not be amended or varied except in a writing
signed by all Parties. This Agreement shall extend to and bind the heirs, personal representatives,
successors and assigns hereto. 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 hereunder shall not
waive such rights and such party shall have the right to enforce such rights at any time. The
performance of this Agreement shall be governed, interpreted, construed and regulated by the laws
of the state in which the Property is located without reference to its choice of law rules. Except as
expressly set forth in this Agreement, nothing in this Agreement shall grant, suggest or imply any
authority for one Party to use the name, trademarks, service marks or trade names of the other for
any purpose whatsoever. The provisions of the Agreement relating to indemnification fiom one
Party to the other Party shall survive any termination or expiration of this Agreement. This
Agreement and all ancillary documents executed by the parties in connection herewith may be
executed by facsimile or in multiple counterparts, each of which shall be deemed to be an original
but all of which, together, shall constitute one and the same instrument.
[End of Text; Signatures on Next Page]
LAND LEASE AGREEMENT — Page 11 SPANISH SUN ID4302
APPROVED
DAT osrovz2
'' E''U'`1R � A2G22D095 IN WITNESS WHEREOF, intending to be bound the parties have executed and entered
into is Agreement, as of the date first above written as the Effective Date.
LESSOR:
Brighton Investments LLC, SCS Investments LLC,
an Idaho limited liability company an Idaho limited liability company
By: By:
David W. Turnbull, Managin5 14 wWv even C. Smi h, Manager
Date: J0, �w
LESSEE:
Date: _CJw�
Horizon Tower Limited Partnership -II, a Kansas limited partnership
By Horizon Tower, rN, a Delaware limited liability company, its Operations Manager
By:
Title:
Date:
LAND LEASE AGREEMENT — Page 12 SPANISH SUN ID4302
APPROVED
DAT osrovz2
SCE
BASIS OF BEARINGS:
EXHIBIT A
Description of Property
The North line of the Southwest Quarter of Section 14, Township 3 North, Range 1 West, Boise
Meridian, derived from found moninnents and taken as South 89011'34" East with the distance
between monuments found to be 2,656.39.
Beginning at a point on the North line of said Southwest Quarter of Section 14, Township 3
North, Range 1 West, Boise Meridian from which the West Quarter corner of said Section 14
bears
North 89011'34" West a distance of 36.00 feet; thence along said North Line,
South 891'11'34" East to the Center Quarter comer of said Section 14 a distance of 2,620.39 feet;
thence leaving said North Line and along the East line of said Southwest Quarter,
South 00135'28" West to a point on the Northerly Right -of -Way on Interstate 84 a distance of
1,344.66 feet; thence along said Right -of -Way,
North 89034'03" West a distance of 501.27 feet; thence continuing along said Right -of -Way,
North 81001'33" West a distance of 28.65 feet; thence leaving said Right -of -Way,
North 00146'45" West a distance of 15.10 feet; thence
North 59140'21" West a distance of 883.45 feet; thence
North 55013'21" West a distance of 837.82 feet; thence
North 40044'57" West a distance of 183.51 feet; thence
North 39038'38" West a distance of 352.80 feet; thence
North 88133' 15" West to a point on the Easterly Right -of -Way of Ten Mile Road, a distance of
281.14 feet; thence along said Right -of -Way,
North 00130' 10" East a distance of 16.40 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM: Any portion lying with TM Crossing Subdivision.
ALSO EXCEPTING THEREFROM: Right of Way Area No. 1, Right of Way Area No. 2 and
Right of Way Area No. 3 as disclosed in Correction General Warranty Dees recorded January
11, 2017 as Insh ament Nos. 2017-003267 and 2017-003268.
EXHIBIT A
SPANISH SUN ID4302
E IDI� 11
APPROVED
DAT 06/01/22
C;`IUtIB;R'A-2G22 ss
EXHIBIT B
Depiction of Premises
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EXHIBIT C
Communications Equipment
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EXHIBIT E
Memorandum of Lease
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 17
APPROVED FHEN
ING REQUESTED BY
)A:E
ooiovz2 RECORDED RETURN TO:
CE%UldBER:A-2G22 ss
(Space above this line for recorder's use)
MEMORANDUM OF TOWER LEASE
This Memorandum of Tower Lease is entered into on this day of
, 20, by and between Horizon Tower Limited Partnership -II, a Kansas
limited partnership, by Horizon Tower, LLC, a Delaware limited liability company, its Operations
Partner, with an office at 117 Town & Country, Suite A, Danville, CA 94526, (hereinafter referred
to as "Landlord"), and Verizon Wireless (VAW) LLC, dba Verizon Wireless (hereinafter referred
to as "Tenant").
1. Landlord and Tenant entered into a Tower Lease dated , 20_
("Lease"), for the purpose of leasing space on Landlord's communications tower and
real property described in Exhibit A hereto and installing associated communications
equipment thereon.
2. The term of the Lease is for ten (10) years, as may be further extended pursuant to the
terms of the Lease.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Tower
Lease as of the day and year first above written.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
HT SITE: SPANISH SUN — IU4302 - Verizon Site: Happy Camper / Page 18
APPROVED
)N:; 06/01/22
C;%Uld B;R'A-2G22 ss
Tower, LLC
By:
Name: John Kapulica
Title: Chief Executive Officer
Date:
TENANT:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By: _
Name:
Title:
Date:
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 19
APPROVED ORD
Da_E 06/01/22 ry public or other officer completing this certificate verifies only the identity of the individual
UtIa_e:A 2G22 -ss igned the document to which this certificate is attached, and not the truthfulness, accuracy, or
v of that document.
STATE OF )
ss:
COUNTY OF )
On the day of 20 , before me, , Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature
TENANT ACKNOWLEDGMENT
State of
County of
On , 20_, before me, ,
Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 20
E IDIAN —
11
APPROVED
DAT 06/01/22
�IJ %V,9;R:- I
EXHIBIT A
MEMORANDUM OF LEASE
(Legal Description of Landlord's Property)
An approximate 2400 square foot portion, together with access and utility casements, described as:
LEASE SITE DESCRIPTIOM
A LEASE SOTE WOTHIN THE XORTHF643T 14 Of I'llff SO UT"WEST IM OF SECTION
14, TOIAWSHW 3 NAORT141, RANGE 11VEST, B(A)SE MERVAN, AaA COUNTY, ALAI-J0,,
UE WG A POn TIGN Or-- LES-SOP, t PARCEL AS Sh(O WN ON SPANISN S UPI
LEASE SfTE- SURVEY TKATACCCAVPAPPES THS DESCPIPTJOM B-01M3 MORE
PAHTJCLA-APLY VESCI-.4BED AS FOLLGWS-
GOMMENCING AT THE CENTER QUAliTER G-ORNER OF SECTION 14 MONUmENTED
BY A FOUND Offl IR10N REBAiR AS S I-IOWN ON CORNER RUCORD INSTRUMENT NO,
UW074836 i FROM WHrL;H THE WEST OLIARTER CORNER OF SECTION K.
1JONUMENTE-13 BY AFGUNDALUMINUM CAP AS SH[OWN ON CORNER RGOORD
INSTRUMENT NO. 11022fWS BEARS NORTH 89411W WEST, 2666,46 FEET; THENCE
S0U1H'59'1T58'WEST-,1Q052 FEET,,, THENCE NORTH 534411'2B Vrp--ST:. 15B,713 FEET;
THENCE SOUTH 00'4812" WEST, GAO FEET TO THE POINT OF BEGFNNING;
THENCE SOUTH 09'1178" EAST 60.00 FEET; THENCE SOUTH G,0'4a'32!"WE&T.
40-OG FEET; THENCE NORTH 9,91112,61 WEST, W.D17; THENCE NORTH DW46'32"
EAST, 40,00 FEET TO THE POWT OF BEQINNING�
fX314TAINING 2,400 SCAJARF, FEET kMRF OR 1-175S
ACCESS & UTILITY EA8EMENT OESCRIPTION�
A 12-FOOT I4YDE ACCESS S, UPLITYEASElAr-AlTVOTHIN THE NOAnW-4,STIfs OF
THE SOVY-HWEST V4 OF SECTRON 14, TOWNS"IP 314ORTH, RANOE I IWST,
HWSET MEMWA4 ADA COUNTY, 0.4410,13EAVG A POT UTON Or LESSORsA4RCC-L
AS SHOWN ON THE SPANfSH 91)PI LEASE S17E SURVEY THATACCOAfPAPPES TH?S
LjESO'�?P[Xvj, f HL; CEN f Enj-wE, HEmG udt& PAPrjC0JL-P4?LY L-,L'8C1?JBEVAS
FOLLOWS:
COMMENCWG AT THE CENTER QUATER CORNER OF SECTION 14 rVIONNUMENTED
BYA FOUNDSIV'IRON REBARAS SHOWN W CONNER RECORD INSIRUIAENTNO.
10074436, FROM WHICH THE. VVES'T QUARTER CORNER OF SECTlom 14,
MONUMENTED BY A. FCOLIND ALUMINUM CAP AS SHOWN ON CORNER RECORD
INSTRUMENT No. I W22595 BEARS NORTH 1194 1'29'WEsr, n56.45 FEET; 1-110"CE,
SOUTH 59'1 TEW WEST, 100.52 FEET TO THE POINT Of BEGINNING;
THENCE BEING G-FEET LEFT ANO RIGHT OF THE FOLLOWING DESCRIBED
CENTERLINE;.
NORTH 89'1 T20 WEST, 10,743 FEET TO T POINT OF TERIMNUS,
THE SIDE LINES (IF THERE FA;SFMPNTS ARE TO BE I-0413THENED OR
SHORTENED TO FORM A CLOSED FIGURE
CONITAINING 1,90tj SQUARE FEET PADRE OR LESS.
HT SITE: SPANISH SUN — ID4302 - Verizon Site: Happy Camper / Page 21