HomeMy WebLinkAboutAffidavit of Legal Interest - Lease V1APPROVED
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LEASE AGREEMENT
(LAND)
This Lease Agreement (Land) (the "Agreement"), made this Zo day of
_1 'Aaf 200 between Roman Catholic Diocese of Boise, a Single Director Idaho Corporation,
with its principal mailing address located at 1501 S. Federal Way, Boise, Idaho 83705-2588,
hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with
its principal offices at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey
07920, 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 herein and intending to be legally bound hereby,
the Parties hereto agree as follows:
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain real
property which is legally described in Exhibit "A" attached hereto and made part hereof, located
6300 N. Meridian Road, Meridian, County of Ada, State of Boise, 83646, (the entirety of
LESSOR's property is referred to hereinafter as the Property), which portion is described as a 50'
by5O' parcel containing 2,500 square feet (the "Land Space"), together with the non-exclusive right
(the "Right of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on
foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires,
poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way
extending from the nearest public right-of-way, Chinden Road, to the Land Space, said Land Space
and Right of Way (hereinafter collectively referred to as the "Premises") being substantially as
described herein in Exhibit "B" attached hereto and made a part hereof.
In the event any public utility is unable to use the aforementioned right-of-way, LESSOR
hereby agrees to grant an additional right -of --way either to LESSEE or to the public utility at no cost
to LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
Property and the Premises, and said survey shall then become Exhibit "C" which shall be attached
hereto and made a part hereof, and shall control in the event of boundary and access discrepancies
between it and Exhibit "A". The cost of such work shall be borne by LESSEE.
3. TERM. This Agreement shall be effective as of the date of execution by both parties,
provided, however, that the initial term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter
6"total annual rental of
o be paid in equal monthly installments on the first day of the month, in advance, to
LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in
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at least thirty (30) days in advance of any rental payment date. The Agreement shall
E %UMB� R1: A20220161-ice on the first day of the month following the date LESSEE commences installation of the
equipment on the Premises (the "Commencement Date"). LESSOR and LESSEE agree that
LESSOR shall receive notice of the Commencement Date by a letter from LESSEE (or its agent) by
certified mail, return receipt requested (the "Certified Letter Notice"). LESSOR and LESSEE
acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until
thirty (30) days after the date of the Certified Letter Notice confirming the Commencement Date.
By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the
Certified Letter Notice confirming the Commencement Date is January 14, LESSEE shall send to
LESSOR the rental payments for January 1 and February 1 by February 13.
4. EXTENSIONS This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE terminates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of
the then current term.
5. _E ch year during a five (5) year extension
term shall be he annual rent during the immediately
ok"Wo(example: if rent for each year during the first five (5) year
ent for each year during the next five (5) year term shall be 9
per year).
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension
term this Agreement has not been terminated by either Party by giving to the other written notice of
an intention to terminate it at least three (3) months prior to the end of such term, this Agreement
shall continue in force upon the same covenants, terms and conditions for a further term of five (5)
years and for five (5) year terms thereafter until terminated by either Party by giving to the other
written notice of its intention to so terminate at least three (3) months prior to the end of such term.
Woofth such additional five (5) year term shall be equal to
annual rental payable with respect to the immediately preceding five (5) year
term. The initial term and all extensions shall be collectively referred to herein as the "Term".
7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
incidental thereto. By way of example and not limitation, LESSEE shall have the right, at its sole
option, to install and use at the Premises a generator of the type and kind determined solely by
the LESSEE, in connection with the LESSEE's communications facilities. A security fence
consisting of chain link construction or similar but comparable construction may be placed around
the perimeter of the Premises at the sole discretion of LESSEE (not including the access easement).
All improvements, equipment, antennas and conduits shall be at LESSEE's expense, and the
installation of all improvements shall be at the sole discretion and option of LESSEE. LESSEE
shall have the right to replace, repair, add or otherwise modify its improvements, equipment,
antennas and/or conduits or any portion thereof, and the frequencies over which the equipment
operates, whether the improvements, equipment, conduits or frequencies are specified or not on any
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ached hereto, during the Term. It is understood and agreed that LESSEE's ability to use
E �'UMBR1:A-2022-0161is is contingent upon its obtaining after the execution date of this Agreement all of the
certificates, permits and other approvals (collectively the "Governmental Approvals") that may be
required by any federal, state or local authorities as well as satisfactory soil boring tests which will
permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in
its effort to obtain such approvals and shall take no action which would adversely affect the status
of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of
such applications for such Governmental Approvals should be finally rejected; (ii) any
Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; (iii) LESSEE determines that such
Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that
any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer
technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that it will
be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate
this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in
writing by certified mail, return receipt requested, and shall be effective upon the mailing of such
notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said
termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of
no further force or effect except to the extent of the representations, warranties and indemnities
made by each party to the other hereunder. Otherwise, LESSEE shall have no further obligations
for the payment of rent to LESSOR.
8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify
and hold the other harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the indemnifying
Party, its employees, contractors or agents, except to the extent such claims or damages may be
due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
9. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for
negligence against the other which may hereafter arise on account of damage to the Premises or
to the Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts,
such insurance is now or hereafter carried by the Parties, or either of them. These waivers and
releases shall apply between the Parties and they shall also apply to any claims under or through
either Party as a result of any asserted right of subrogation. All such policies of insurance
obtained by either party concerning the Premises or the Property shall waive the insurer's right of
subrogation against the other Party.
b. LESSOR and LESSEE each agree that at its own cost and expense, each
will maintain commercial general liability insurance with limits not less than $1,000,000 for
injury to or death of one or more persons in any one occurrence and $500,000 for damage or
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on to property in any one occurrence. LESSOR and LESSEE each agree that it will
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he other Party as an additional insured.
10. LIMITATION OF LIABILITY. In no event will either Party be liable to the other,
or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss
of technology, rights or services, incidental, punitive, indirect, special or consequential damages,
loss of data, or interruption or loss of use of service, even if advised of the possibility of such
damages, whether under theory of contract, tort (including negligence), strict liability or
otherwise.
11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods,
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that three (3) months prior notice is given to LESSOR.
12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause material interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed
on the Property prior to the date this Agreement is executed by the Parties. In the event any after -
installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE
in writing of such interference, LESSEE will take all commercially reasonable steps necessary to
correct and eliminate the interference, including but not limited to, at LESSEE'S option,
powering down such equipment and later powering up such equipment for intermittent testing.
In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as
long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees
that LESSOR and/or any other tenants of the Property who currently have or in the future take
possession of the Property will be permitted to install only such equipment that is of the type and
frequency which will not cause material interference which is measurable in accordance with
then existing industry standards to the then existing equipment of LESSEE. The Parties
acknowledge that there will not be an adequate remedy at law for noncompliance with the
provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies,
such as, without limitation, injunctive relief and specific performance.
13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s),
antenna structure(s) (including to at least three (3) feet below grade footings), equipment,
conduits, fixtures and all personal property and restore the Premises to its original condition,
reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that
all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the
personal property of LESSEE and LESSEE shall have the right to remove the same at any time
during the Term, whether or not said items are considered fixtures and attachments to real
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as the removal of the building, antenna structure, fixtures and all personal property are
14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part
thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the
parties are negotiating a new lease or lease extension in good faith. In the event that the parties
are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds
over in violation of Paragraph 13 and this Paragraph 14, then the rent then in effect payable from
and after the time of the expiration or earlier removal period set forth in Paragraph 13 (the
"Holdover Rent") shall be he rent applicable
during the month immediately preceding such expiration or earlier termination. The Holdover
Rent shall remain at said level until the date (pro -rated if a date less than the end of a month)
Lessee ceases possession of the Premises or any part thereof.
15. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or
otherwise transfer all or any portion of the Property, whether separately or as part of a larger
parcel of which the Property is a part, or (ii) grant to a third party by easement or other legal
instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger
portion thereof, for the purpose of operating and maintaining communications facilities or the
management thereof, with or without an assignment of this Agreement to such third party,
LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the
same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within
thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the
easement or interest in the Property or portion thereof to such third person in accordance with the
terms and conditions of such third party offer. For purposes of this Paragraph, any transfer,
bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR,
whether by will or intestate succession, shall not be considered a sale of the Property for which
LESSEE has any right of first refusal.
16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to
sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to
a third party by easement or other legal instrument an interest in and to that portion of the
Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and
maintaining communications facilities or the management thereof, such sale or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser
or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To
the extent that LESSOR grants to a third party by easement or other legal instrument an interest
in and to that portion of the Property occupied by LESSEE for the purpose of operating and
maintaining communications facilities or the management thereof and in conjunction therewith,
assigns this Agreement to said third party, LESSOR shall not be released from its obligations to
LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the
third party for the full performance of this Agreement.
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-`8/ 2022 0161 7. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
Ing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
18. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no other liens, judgments or
impediments of title on the Property, or affecting LESSOR's title to the same and that there are
no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of
the Premises by LESSEE as set forth above.
19. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition, variation or modification to
this Agreement shall be void and ineffective unless made in writing signed by the Parties. In the
event any provision of the Agreement is found to be invalid or unenforceable, such finding shall
not affect the validity and enforceability of the remaining provisions of this Agreement. The
failure of either Party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights under the Agreement shall not waive such rights and
such Party shall have the right to enforce such rights at any time and take such action as may be
lawful and authorized under this Agreement, in law or in equity.
20. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the State in which the Property is
located.
21. ASSIGNMENT. This Agreement may be sold, assigned or transferred by LESSEE
without any approval or consent of LESSOR to LESSEE's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of LESSEE's assets in the market
defined by the Federal Communications Commission in which the Property is located by reason
of a merger, acquisition or other business reorganization. As to other parties, this Agreement
may not be sold, assigned or transferred without the written consent of LESSOR, which such
consent will not be unreasonably withheld or delayed. No change of stock ownership or control
of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within
its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be
subject to the provisions of this Agreement and shall be binding upon the successors, assigns,
heirs and legal representatives of the respective Parties hereto.
22. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
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as follows (or any other address that the Party to be notified may have designated to
by like notice):
LESSOR: Roman Catholic Diocese of Boise
1501 S. Federal Way
Boise, Idaho 83705-2588
Telephone
And to: Roman Catholic Church
6300 N. Meridian Road
Meridian, Idaho 83646
LESSEE: Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representatives, successors and assigns of the Parties hereto.
24. SUBORDINATION AND NON -DISTURBANCE. LESSOR shall obtain not later
than fifteen (15) days following the execution of this Agreement, a Non -Disturbance Agreement,
as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the
Property. At LESSOR's option, this Agreement shall be subordinate to any mortgage, deed of
trust or other security interest (a "Mortgage") by LESSOR which from time to time may
encumber all or part of the Property or right-of-way; provided, however, as a condition precedent
to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage
covering the Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and
attornment agreement in recordable form reasonably satisfactory to LESSEE, and containing the
terms described immediately below (the "Non -Disturbance Agreement"), and shall recognize
LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is
not in default of this Agreement beyond applicable notice and cure periods. The
Non -Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that,
if Lender or its successor -in -interest or any purchaser of Lender's or its successor's interest (a
"Purchaser") acquires an ownership interest in the Property, Lender or such successor -in -interest
or Purchaser will (1) honor and abide by all of the terms of the Agreement, (2) fulfill LESSOR's
obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defaults
under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's
participants in the subject loan (if any) and on all successors and assigns of Lender and/or its
participants and on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will
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an agreement in which LESSEE (1) confirms that the Agreement is subordinate to the
`E`UMB R A20220161 le or other, real property interest in favor of Lender, (2) agrees to attorn to Lender if
Lender becomes the owner of the Property, and (3) agrees to accept a cure by Lender of any of
LESSOR's defaults, provided such cure is completed pursuant to this Agreement and within the
deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other
performance of any mortgage or other real property interest encumbering the Property, LESSEE,
may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing
so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of
such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff
against all rents that may otherwise become due under this Agreement the sums paid by LESSEE
to cure or correct such defaults.
25. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
26. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to
cure any non -monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and until LESSEE
has failed to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days
in which to cure any such breach, provided LESSOR shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and until LESSOR
has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding
the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within
five (5) days after receipt of written notice of such breach, to perform an obligation required to be
performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's
ability to conduct its business on the Property; provided, however, that if the nature of
LESSOR's obligation is such that more than five (5) days after such notice is reasonably required
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-E `08/ 2022 0161 erformance, then it shall not be a default under this Agreement if performance is
Iced within such five (5) day period and thereafter diligently pursued to completion.
27. REMEDIES. Upon a default, the non -defaulting party may at its option (but without
obligation to do so), perform the defaulting party's duty or obligation on the defaulting party's
behalf, including but not limited to the obtaining of reasonably required insurance policies. The
costs and expenses of any such performance by the non -defaulting party shall be due and payable
by the defaulting party upon invoice therefor. In the event of a default by either party with
respect to a material provision of this Agreement, without limiting the non -defaulting party in the
exercise of any right or remedy which the non -defaulting party may have by reason of such
default, the non -defaulting party may terminate the Agreement and/or pursue any remedy now or
hereafter available to the non -defaulting party under the laws or judicial decisions of the state in
which the Premises are located; provided, however, LESSOR shall use reasonable efforts to
mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of
LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR
otwithstanding the foregoing, if LESSOR does
not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice
setting forth the amount due from LESSEE, LESSEE may offset the full undisputed amount,
including all accrued interest, due against all fees due and owing to LESSOR until the full
undisputed amount, including all accrued interest, is fully reimbursed to LESSEE.
28. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to activity now conducted in, on, or in any way related to the Property, unless such
conditions or concerns are caused by the specific activities of LESSEE in the Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply with
any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-
compliance results from conditions caused by LESSEE; and b) any environmental or industrial
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conditions arising out of or in any way related to the condition of the Property or
conducted thereon, unless such environmental conditions are caused by LESSEE.
C. In the event that abatement of hazardous materials is required in
connection with the construction of the Premises, LESSOR shall take responsibility as generator
of the waste resulting from the abatement and shall cooperate with any necessary abatement
procedures, including signing all necessary documents and manifests required for abatement.
"Hazardous Material" shall mean any material, substance, chemical or waste identified as
hazardous, toxic, solid waste or dangerous in any applicable federal, state or local law or
regulation (including petroleum, impacted soils and asbestos).
29. CASUALTY. In the event of damage by fire or other casualty to the Premises that
cannot reasonably be expected to be repaired within one hundred twenty (120) days following
same or, if the Property is damaged by fire or other casualty so that such damage may reasonably
be expected to disrupt LESSEE's operations at the Premises for more than one hundred twenty
(120) days, then LESSEE may, at any time following such fire or other casualty, provided
LESSOR has not completed the restoration required to permit LESSEE to resume its operation at
the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR.
Any such notice of termination shall cause this Agreement to expire with the same force and
effect as though the date set forth in such notice were the date originally set as the expiration date
of this Agreement and the Parties shall make an appropriate adjustment, as of such termination
date, with respect to payments due to the other under this Agreement. Notwithstanding the
foregoing, the rent shall abate during the period of repair following such fire or other casualty in
proportion to the degree to which LESSEE's use of the Premises is impaired.
30. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If, as a result of a partial
condemnation of the Premises, LESSEE, in LESSEE's sole discretion, is unable to use the
Premises for the purposes intended hereunder, or if such condemnation may reasonably be
expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days,
LESSEE may, at LESSEE's option (to be exercised in writing within fifteen (15) days after
LESSOR shall have given LESSEE written notice of such taking or, in the absence of such
notice, within fifteen (15) days after the condemning authority shall have taken possession)
terminate this Agreement as of the date the condemning authority takes such possession. Under
the circumstances of a condemnation, LESSEE shall be entitled to and shall receive and retain
that part of the award or price paid by the condemning agency, body or entity for the entire
Property which is attributable to the improvements, fixtures, conduits, antennas, equipment and
all other things of LESSEE situated on the Property which cannot be removed, and including
LESSEE's relocation costs, damages and losses. In addition, but not to the exclusion of the
foregoing, LESSEE may on its own behalf make a claim in any condemnation proceeding
involving the Property for losses related to the improvements, equipment, conduits, fixtures,
antennas, all other things of LESSEE situated on the Property which cannot be removed, its
relocation costs, its damages, and losses (but not for the loss of its leasehold interest)
10
BOl FOXTAIL
12/12/2008
DWT 117872290 0052051-000031
APPROVED
sae oaizvzz
E, 08/ 2020161 ely, "Losses"). Any such notice of termination shall cause this Agreement to expire
[same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment
as of such termination date with respect to payments due to the other under this Agreement. If
LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement
shall remain in full force and effect as to the portion of the Premises remaining, except that the
rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to
the total rentable area of the Premises. In the event that this Agreement is not terminated by
reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused
by such condemning authority. In the event this Agreement is not terminated, LESSEE shall also
still be entitled to an award for its losses.
31. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Party
has the full right, power and authority to enter into and execute this Agreement on such Parry's
behalf and that no consent from any other person or entity is necessary as a condition precedent
to the legal effect of this Agreement.
32. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in
compliance with all applicable laws, rules, regulations, ordinances, directives, covenants,
easements, zoning and land use regulations, and restrictions of record, permits, building codes,
and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect
or which may hereafter come into effect (including, without limitation, the Americans with
Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall,
in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with
(a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other
than general office use); and (b) all building codes requiring modifications to the Premises due to
the improvements being made by LESSEE in the Premises.
33. CAPTIONS. The captions contained in this Agreement are inserted for convenience
only and are not intended to be part of the Agreement. They shall not affect or be utilized in the
construction or interpretation of the Agreement.
34. SURVNAL. 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.
11
Bo1FoxTwu.
12/ 12/2008
DWT 11787229v3 0052051-000031
APPROVED
)A:E 08/22/22
ALE %UMBi R: n-zo22.061
WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
seals the day and year first above written.
LESSOR:
Roman Catholic Diocese of Boise;
a Single Director Idaho Corporation
-
rle
By: fo
Name:
Mi)si Rev. h2ichael i. �IIbuU
Title:
tsi illop ui ltuj6,:
Date:
cl ptL- Z
LESSEE: Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By:
Name: Walter L. Jones/"'4:4
Jr.
Title: West Area %,IcPresident - Network
Date: 2/ (a
12
BOI FOXTAIL
12/12/2008
DWT 117872290 0052051-000031
APPROVED
)A-E 08/22/22
j %UMBi8: n-zo22.0-
ACKNOWLEDGMENT
)
ss.
COUNTY OF �s
On this Iq "day of , 20QF before me, a Notary Public in and for
the State of a Cam_ , personally appeared ACCAra e I A Dr i S e v d
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
who executed this instrument, on oath stated that He/She was authorized to execute the
instrument, and acknowledged it as the of Roman Catholic Diocese of
Boise, a Single Director Idaho Corporation, to bet e free and voluntary act and deed of said
party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
.•`'�VEL.�f
00
:� tl O T4 0 a 'Z
% UB L I C r:
130I FOXTAIL
12/12/2008
DWT 11787229v3 0052051-000031
1/�'. tt� Z �ILII �'Ad -
NOTARY PUBLIC in an for the State of
residing at
My appointment expires 3 2 0
Print Name M ; 7,2 /)
13
jE
APPROVED
)A:E 08/22/22
A LE N UM Bi R: n-2022D0161
California )
County of Orange )
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On 4,, ,2d 9 before me, �i U� i.i k� NotaryPublic
personally appeared Walter L. Jones. Jr.
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person 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 of Notary Public
14
BOI FOXTAIL
12/ 12/2008
DWT 11787229v3 0052051-000031
GLORIA VAN GINKEL
Commission # 1654058
4AMy
Notary Public - California
Orange County
Comm. Expires Mar 25, 2010
Place Notary Seal Above
jE IDi� IA\, -
APPROVED
)A"E. 08/22/22
LE %UMBE8: n-zo22.0-
EXHIBIT "A"
DESCRIPTION OF PROPERTY
See attached.
15
BOI FOXTAIL
12/ 12/2008
DWT 11787229v3 0052051-000031
APPROVED
)A"E. 08/22/22
:LE %Uh18E8: n-zozz-oioi
EXHIBIT A
Commencing at the Southwest corner of Lot 1 of Section 30, in Township 4 North,
Range 1 East of the Boise Meridian, in Ada County, State of Idaho, thence
North along the Western boundary line of said Lot 1,15.82 rods to the PLACE OF
BEGINNING; thence due
East to the Eastern boundary line of said Lot 1; thence
North along the Eastern boundary line of said Lot 1 to the North line of said Section 30,
the Northeast corner of said Lot 1, thence in a
Westerly direction along the North line of said Section 30 to the Northwest corner of
said Lot 1; thence
South along the Western line of said Section 30, being the Western line of said Lot I to
the PLACE OF BEGINNING.
EXCEPTING THEREFROM the following described parcel of real property;
Commencing at a point 15.82 rods North of Southwest corner of said Lot 1, Section 30,
Township 4 North, Range I East of Boise Meridian, Ada County, State of Idaho; thence
North on the West boundary line of said Lot 1, 301 feet to a point in a center of the
road;thence
East 25 feet to a post set in the ground and PLACE OF BEGINNING; thence
East 220 feet to a point 8 feet North of PLACE OF BEGINNING; thence
North 198 feet to a point; thence in a
Westerly direction 220 feet to a point; thence
South 198 feet to the PLACE OF ]BEGINNING.
ALSO EXCEPTING THEREFROM the description contained in Right of Way Deed to
the State of Idaho, recorded September 9,1939 under Instrument No. 192440, records
of Ada County, Idaho.
AND EXCEPT those portions thereof conveyed to Ada County Highway District by
deed recorded December 21, 2000 as Instrument No.100102258 being a re-recording of
the deed recorded as Instrument No.100076380, of Official Records.
5000843068SH
Ticor Title
jE IDi� IA\, -
APPROVED
)A: E. 08/22/22
ALE %UMBE8: n-zo22.061
BOI FOXTAIL
12/12/2008
DWT 11787229v3 0052051-000031
EXHIBIT "B"
DESCRIPTION OF PREMISES
See attached.
16
E
APPROVED
)A-E. 08/22/22
:LE %U
PROPOSED VER90N WIRELESS LEASE SITE DESCRIPTION:
LOCATED IN THE NORTHWEST QUARTER OF SEC71ON 30, TOWNSHIP 4 NORTH, RANGE I
EAST, BOISE MERIDIAN, ADA COUNTY, STATE OF IDAHO, AND BEING MORE PARTICULARLY
DESCRISED AS FOLLOWS:
BEGINNING AT A POINT LOCATED NORTH 8W43'560 EAST 1080.81 FEET ALJDNG SECTION LINE
AND SOUTH 818.90 FEET FROM THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 4
NORTH. RANGE I EAST, BOISE MERIDIAN AND RUNNING THENCE SOUTH W05*22" WEST
$0.00 FEET; THENCE NORTH 89*54'38' WEST 50.00 FEET; THENCE NORTH OV05'22" EAST
50.00 FEET, THENCE SOOTH 8W54'38" EAST 50.00 FEET TO THE POINT OF BEGINNING.
in, lll� I I' jf��711[11 115''Fil I lli� 21 0
millidill —
`(E IDi� I5
APPROVED
JA'E: 08/22/22
' LE `)UM B; R n-2o22 0161
CERTATEOFRRNE,:
N»DERmD RDxxMND_EDxr-...---- ImIIfmO-:arv- --- i PARCEL :i x--wNmfeeeu: xT ._1 . ,sPArs RCELu— MnF°Osum ,•--•--•--w—•PA•--E•—u—S—rx117
2
-- �R,x. DExurR,D.NDaNISD.Rx NiNcM�SmEar,Iim nJ�DiJ_KNN..xNxrRE. . RPD rxu.xv�x
NakxeE.Srmii. smuexD:Dx, J sxN�xEENxEN:EDDrDNRRxo. x.x Dn,��r.x. Ee D�coR,Mm�D:uD.xwR.ED eDEDM.DeS�oEes+EmD%�N
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ER. RuxD aassw—'-----'---'—'—'--- --
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(D rain mr. —� i I � � TNORa9 R. eROH, Lx
i — (E) .SRwcr mR, DEJcnRED u EOI.Dxs. °DcxR. J,.xiE or �D.xo. MD R,xD NDRE RMi�cDIM�T
IE
1 I �.; sow rtxT ,xdc[ souiH eas. x Ovar sD DD riEi m ExE vaNr a
NDAE D« E=st D�mN�D,.�xxxD.
1 I PROP $iE RRONWRl UACCE°e YE ENENTDE°CRPTDN:
DR—ne o E RR xE. MD EDRD = mxD e
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R _�� o;u R�x�xD x TM x�No�
x a ,NE — w�M D:_N,.`�xE D OR.Ew�— D
�M n � NDRE DR DE R !Ess (M RED)
1 PI— i0' 9 6 tt —I MD SIR —I PImPMED
a �
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of I F N) x TME x
DRDen 5 sxeN Dx x5 Rui.
I IR) . ,_
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� R,E, abe xs�DNeR M DMD a>m ,°,I. (e) RDmRD DE ri
1 i t/x NxDIE DunRMDI[ sl i
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Ili I- PARCEL INFO.-
ROMAN OLIO
'�I� -- ----I D9CEWOFtlE amm Re
1061�t11K
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iY
=1
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I k� I'
1
I :. rl, D'.aDNA1
1 N ,es /
f0 °' me xG¢ee FND : �Y e J. Du,wN xurxxD uxDER Th E
TOWER INFORMATbN FOR THE iOF
1 I CENTER OF THE LEASE AREA
1 t_ n. w o
o
,� A IA s' me rdcRn[ DAex/uw
, -. I d s,c � ♦N _
1
Ol
1 1 �W.iCYe
Ol
, � s x • r �
1 — �_ nREle RFe.A MD vR —•N
1 acxn°n
roDxo � � � VERIZONI �RELESS
BOI — FOXTAIL
^" MILLER ASSOCIATES, INC. m
EI IDZ IAS,—
APPROVED
DA-e o8'2v22
Site Name: BOI FOXTAIL
FIRST AMENDMENT
TO LEASE AGREEMENT (LAND)
This FIRST AMENDMENT TO LEASE AGREEMENT (LAND) ("Amendment") is
made this day of Su oVf, 20 ff v , by and between Roman Catholic Diocese of
Boise, a Single Director Idaho Corporation ("Lessor") and Verizon Wireless (VAW) LLC d/b/a
Verizon. Wireless ("Lessee").
RECITALS
A. This Amendment pertains to that certain Lease Agreement (Land) dated February
6, 2009, together with all exhibits, amendments and addenda thereto (collectively, the
"Agreement") for the lease of certain premises ("Premises") located at 6300 N. Meridian Road,
Meridian, County of Ada, State of Idaho, on property legally described as set forth on Exhibit
"A" attached hereto and made a part hereof.
B. The parties desire to amend the Agreement to revise the Premises, provide for the
installation of certain improvements, and provide for a one-time payment to Lessor.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein
contained, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, it is hereby agreed as follows:
AGREEMENT
1. Recitals. The foregoing recitals are incorporated herewith as if fully set forth
herein.
2. Premises; Exhibit 'B". From and after the date of this Amendment, the Premises
shall be as described on Exhibit "B" attached hereto and made a part hereof. Exhibit `B" to the
Agreement is hereby deleted and replaced in its entirety with Exhibit "B " attached hereto and
incorporated herein by reference.
3. Property Improvements. In connection with Lessee's improvement of the
Premises, certain improvements ("Improvements") shall be made to an existing irrigation canal
(known as North Slough No. 2 Lateral), which is owned and operated by Settlers Irrigation
District (the "District"). Lessor shall enter into a separate agreement with the District to install
the Improvements, which include, without limitation, the replacement of the existing culvert with
a new 6'x6'x6' concrete irrigation box and 30' of 36" RCP pipe. Lessee shall pay to Lessor a
BOf FOXTAIL
6112010
DWT 143758042 OM051-000031
EI IDZ IAS,—
APPROVED
N-e oaizvzz
e payment o
o reimburse Lessor for the costs of materials, labor and other expenses relateci to
the installation of the Improvements, such payment to be. made within forty-five (45) days of full
execution of this Amendment. Except to the extent caused by the gross negligence or willful
misconduct of Lessee, its employees, contractors or agents, Lessor shall indemnify, defend and
hold Lessee harmless against any claim of liability or loss arising out of or related to the
Improvements or Lessor's failure to complete the Improvements.
4. Full Force and Effect. Except as expressly amended herein the Agreement is
unmodified and remains in full force and effect. In the event of a conflict between the terms of
the Agreement and this Amendment, the terms of this Amendment shall be controlling. In
addition, except as otherwise stated in this Amendment, all initially capitalized terms will have
the same respective defined meaning stated in the Agreement. All captions are for reference
purposes only and shall not be used in the construction or interpretation of this Amendment.
LESSOR: Roman Catholic Diocese of Boise,
a Single Director Idaho Corporation
By: Roman CL'.ioii - _
gle L:re-tor Idaho--m;inn
Name:
Title:
Date: Bisbop of Bns.ee
LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless
Y:
Wa er L. J nes, r.
Area Vice resi entNetwork
Date: !o
BOI FOXfAIL
6112010
DWT 143758042 0052051-000031
j EI IDZ IAS,—
APPROVED
Da-e oaizvzz
LESSOR ACKNOWLEDGMENT
STATE OF
Ss.
COUNTY OF �-
On this day of 'YIPS_ 20 f Q., before me, a Notary Public in and for t
he State of pjc ho personally appeared � �rjSr,olf
personally known to me (or proved to me on the basis of satisfactor) evidence) to be the person
who executed this instrument, on oath stated that He/She was authorized to execute the
instrument, and acknowledged it as the of Roman Catholic Diocese of
Boise, a Single Director Idaho Corporation, to be the free and voluntary act and deed of said
party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
rp•���,A A4 NOT Y PUBLIC in and for the State of ,
�+ J' residing at &0 q, Gl�(3r1v
�OT�R p �e�+ My appointment expires
•�� Print Name IriQrC2110 Yll • ��%Ilske
1gsy�pi' OE l��a
3
BOI FOXTAIL
6/112011
DWT 14375804v2 0052051-000031
EI IDZ LAS,>
APPROVED
�a-e oalzvzz
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
) ss.
County of Orange ) f
On tp r^ 1 before me, �czr vz� —� r\-a e�_ Notary Public
personally app aced Walter L Tones Jr
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certif}, 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.
SANDRA J. ROJAS
r 1 comet # 1681961
NOTARY PUBLIC-CALIFORNIA V�
0n,G: COUNTY
�Sighature of N tazy P b c %My COMM. Err. JULY 17. solo
Place Notary Seal Above
4
BOI FOXTAIL
6/12010
DWT 143759042 0052051-000031
���EIIDZ I
IAS
APPROVED
„ _E o8E2ti22 EXHIBIT "A"
�=�=zas, LEGAL DESCRIPTION
BOI FOXTAIL
3/23/2010
DWT 14375804YI 0052051-000031
l✓ � � EI IDZ IAS,- � ��
APPROVED
DA-e o8'2Z22 n
EXHIBIT c< A
LEGAL DESCRIPTION
Commencing at the Southwest comer of Lot 1 of Section 30, in Township 4 North,
Range 1 East of the Boise Meridian, in Ada County, State of Idaho, thence
North along the Western boundary line of said Lot 1,15.92 rods to the PLACE OF
BEGINNING; thence due
East to the Eastern boundary line of said Lot 1; thence
North along the Eastern boundary line of said Lot 1 to the North line of said Section 30,
the Northeast corner of said Lot 1, thence in a
Westerly direction along the North line of said Section 30 to the Northwest corner of
said Lot 1; thence
South along the Western line of said Section 30, being the Western line of said Lot 1 to
the PLACE OF BEGINNING.
. EXCEPTING THEREFROM the following described parcel of real property,
Commencing at a point 15.82 rods North of Southwest corner of said Lot 1, Section 30,
Township 4 North, Range 1 East of Boise Meridian, Ada County, State of Idaho; thence
North on the West boundary line of said Lot 1, 301 feet to a point in a center of the
road;thence
East 25 feet to a post set in the ground and PLACE OF BEGINNING; thence
East 220 feet to a point 8 feet North of PLACE OF BEGINNING; thence
North 198 feet to a point; thence In a
Westerly direction 220 feet to a_point; thence _
South 198 feet to the PLACE OF BEGINNING.
ALSO EXCEPTING THEREFROM the description contained in Right of Way Deed to
the State of Idaho, recorded September 9,1939 under Instrument No.192440, records
of Ada County, Idaho.
AND EXCEPT those portions thereof conveyed to Ada County Highway District by
deed recorded December 21, 2000 as Instrument No.100102258 being a re -recording -of
the deed recorded as Instrument No.100076390, of Official Records.
BOI FOXTA[L
6112010
DWT 1437580U20052051-000031
APPROVED
oai2vz
" _E EXHIBIT "B
„`"'' uCf0161 DESCRIPTION OF PREMISES
See attached
BOI FOXTAIL
6/l2010
DWT 143 75804v2 0052051-000031
�IfE m-
APPROVED
�a=
0-212z
I
W.r •,vee m rve—
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v,m w.rx� m.,. g
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