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HomeMy WebLinkAboutTower Lease Agreement Boise City Cellular Partnership for AT&T Wireless~~~~ State: Idaho City: Meridian I.D.: Meridian .~. THIS TOl !g' day of Meridian Police Department, MAR 1 9 19.98 CITY ©F 1~;~;I.A~d ,~ ~._. ~' E I~- 4..J s TOWER LEASE AGREEMENT EEMENT (this "Lease") is entered into this ~_~7 ("Execution Date") between Boise Citv ("Landlord" ) City of ("Tenant"). 1. Premises. Subject to the terms and conditions described herein, Landlord leases to Tenant certain space on the tower (the "Tower") and certain space within the equipment shelter (the "Equipment Shelter") located on the real property at 2601 N. Linde Road and described in attached Exhibit A (the "Property"). The location and orientation of Tenant's space on the Tower and within the Equipment Shelter, together with rights for access and utilities (the "Premises"), is described and depicted in the attached Exhibit B. 2. Master Lease.- The parties acknowledge that Landlord's rights to the Property are derived from the lease between Landlord and Vernon T. Cairns & Anna Beth Ernest dated Februarv 16, 1989 the "Master Lease"). All provisions of this Lease are subordinated and subject to the terms and conditions of the Master Lease. In the event of termination of the Master Lease for any reason, this Lease shall terminate and Tenant shall have no cause of action on account of such termination. 3. Term. The initial term of this Lease shall be until January 31, 1999 to coincide with the term of the Master Lease. This Lease shall commence upon Tenant entering the Premises. 4. Permitted Ose. The Premises may be used by Tenant only for permitted uses, which are the transmission and reception of radio communication signals and for the installation, maintenance, repair or replacement of related facilities, antennas, equipment and related activities. Tenant shall obtain, at Tenant's expense, all licenses and permits or authorizations required for Tenant's .use of the Premises from all applicable government and/or regulatory entities (the "Governmental Approvals") and may (prior to or after the Commencement Date) obtain a title report, perform surveys, soils tests, and other engineering procedures or environmental investigations on, under and over the Property, necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations and Governmental Approvals. Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord), where required, to perform such procedures or obtain Governmental Approvals. 5. Rent. Upon the Commencement Date, Tenant shall pay Landlord, as rent, the sum of One Hundred Dollars ($100.00) per month ("Rent"). Rent shall be payable on the first day of each month in advance to Boise Citv Cellular Partnership at Landlord's address specified in Paragraph 14 below. Rent shall increase after each term by a percentage equal to the percentage increase in the Consumer Price Index for th.e(Salt Lake City) Metropolitan Statistical Area. Landlord shall be responsible for communicating the amount of the rental adjustment to Tenant and shall provide Tenant with supporting data upon which the adjustment is calculated. In no event shall Rent for this Lease decrease. If ,this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to Tenant. 6. Option to Renew. Tenant shall have the option to extend this Lease for three additional, Five-year terms (each a "Rene:~:~l Term"). Each Renewal term shall be on the same terms and conditions as set forth herein. Tenant's .option to renew this Lease shall be exercised by Tenant by notifying Landlord in writing. at least 90 days prior to the expiration of the initial term or any Renewal term. 7. Holdover. If Tenant shall remain in posse=:~_~n of Premises at the expiration of this Lease without a written agreement, such tenancy shall be deemed a month-to-month tenancy. The monthly rental fee be increased as provided above. the shall 8. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord, or tenants or licensees of Landlord, with rights to the Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including non-interference). Similarly, Landlord shall not use,, nor shall Landlord permit its tenants, licensees, employees, invitees or agents to use any portion of Landlords properties in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon 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 action to enjoin such interference or to terminate this Lease immediately upon notice. 9. ~m rovements; IItilities; Access. Tenant shall have the right, at its expense, to place and maintain on the Premises the improvements, personal property and facilities necessary to operate its facilities (the "Antenna Facilities"), including, without limitation, the personal property, equipment and radio transmitting and receiving antennas, and electronic equipment described on attached Exhibit C. 2 Landlord's prior consent to the plans and installation of the Antenna Facilities shall be required but shall not be unreasonably withheld or delayed and shall be deemed given as to those items listed on Exhibit C hereto. Tenant shall have the right to replace or upgrade the Antenna Facilities at any time during the term of this Lease. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities upon termination of this Lease. Subject to Landlord's prior written consent to specific plans, Tenant shall have the right to install utilities,. at Tenant's expense, and to improve the present utilities on the Premises. Charges for Tenant.'s electrical usage are included in Tenant's monthly rental. Subject to the terms of the Master Lease, Landlord hereby grants Tenant a nonexclusive right of access.. for the term of this Lease, to the Premises to the extent reasonably necessary to enable Tenant to operate, maintain, and monitor the Antenna Facilities subject to the conditions described herein.Tenant will provide written notice to Landlord of all personnel of Tenant who are authorized to access the Premises. Only those specified personnel approved by Landlord, shall have access rights to the Premises. Except in cases of emergency, Tenant must receive Landlord's advance approval for any access .to the Tower. Landlord or its agents shall have the right to inspect the Premises at all times or to make such maintenance, repairs, alterations, improvements or changes as Landlord may deem desirable. Except in cases of emergency, Tenant shall have the right to have an authorized employee present during such inspections and work. Landlord shall attempt not to unduly interfere with Tenant's use of the Premises, but shall have no liability in the event of such interference. Landlord makes no representations or promises with respect to the Tower, Equipment Shelter or the Premises. Specifically, Landlord makes no representations or warranties that the Tower or Equipment Shelter will be suitable for Tenant's use. 10. Default. Any of the following occurrences, conditions, or acts shall be deemed a "Default" under this Leaser if Tenant fails to pay amounts due under this Lease within ten (l0) days of its receipt of written notice that such payments are overdue; if either party fails to observe or perform its obligations under this Lease and does not cure such failure within thirty (30) days from its receipt of written notice of breach; or such longer period as may be required to diligently complete a cure commenced within the 30-day period. 11. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability, as follows: 3 a. Immediately upon the termination of the Master Lease; upon ten (l0) days' written notice in the event of a Default(as defined above); b. Upon ninety (90) days' written notice by Tenant if Tenant is unable to obtain, maintain, or otherwise forfeits or cancels any license, permit or Governmental Approval necessary to the construction and/or operation of the Antenna Facilities or Tenant's business; c. Upon ninety (90) days' written notice by Tenant if the Premises are or become unacceptable under Tenant's design or engineerinc specifications for its Antenna Facilities or the communications system to whicr the Antenna Facilities belong; d. Effective as of the date of destruction or substantial damage tc the Tower and/or Equipment Shelter, if the repairs cannot be completed within ninety (90) days from the date of the destruction or damage, and notice is received within forty-five (45) days from the date of destruction a~ damage. In such event, all rights and obligations of the parties shall cease, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Tower and/or Equipment Shelter are restored to the condition existing immediately prior to such damage or destruction; e. At the time title of the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Property or Tower unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue treir own separate awards with respect to such taking. Sale of all or par: ~f the Property or Tower 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. 12. Taxes. Tenant shall pay any personal property taxes a55essed on or any portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the~Property and the Premises. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Property or the Premises (excluding any additional taxes that relate to the period prior to the Commencement Date, i.e., roll-back taxes) which is directly attributable to Tenant's use of the Property or the Premises, and Landlord agrees to furnish proof of such increase to Tenant. 13. insurance and Subrogation. Tenant will provide Commercial General Liability Insurance in an aggregate amount of $500,000.00, and name Landlord as an additional insured on the policy or policies. Tenant may satisfy this 4 requirement by obtaining appropriate endorsement to any master policy liability insurance Tenant may maintain. Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recover against the other for any loss or damage covered by their respective firs party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have subrogated claim against the other. 14. Hold Harmless. Tenant agrees to hold Landlord harmless from claims arising from the installation, use, maintenance, repair or removal of the Tenant's Antenna Facilities, except for claims arising from the negligence or intentional acts of Landlord, its employees, agents or independent contractors. In no event shall Landlord be liable for any economic loss, including consequently damages, arising out of or relating to this Lease. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Landlord, to: Boise City Cellular Partnership 5 Triad Center, Suite 400 Salt Lake Citv, Utah 84180 If to Tenant, to: City of Meridian Police Department 201 East Idaho Street Meridian. Idaho 83642 16. 4uiet Eniovment, Title and Authority. Landlord covenants and warrants to Tenant that Landlord has full right, power, and authority to execute this Lease; 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; and .Landlord shall perform all of its obligations under the Master Lease in accordance with its terms. Landlord covenants that at all times during the term of this Lease, Tenant's quiet enjoyment of the Property and Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 17. Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with 5 all applicable Environmental Laws (as defined in attached Exhibit D). Landlorc represents, warrants and agrees that it has in the past and will in the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of Hazardous Substance (as defined in attached Exhibit D) as of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property. Tenant agrees to defend, indemnify and hold Landlord harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that Landlord may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment arising solely from Tenant's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from and against any and all claims, causes of .action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that Tenant may suffer due to the existence or discovery of any Hazardous Substance on the property or the migration of any Hazardous Substance to other properties or ree=:~= nto the environment, that relate to or arise from Landlord's activities during this Lease and from all activities on the Property prior to the commencement of this Lease. The indemnification's in this section specifically include costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restora'~ion work required by any governmental authority. is. Facility Changes. If, at any time during the-term hereor, Landlord in its reasonable judgment concludes that nonionizing electromagnetic radiation emitted by Tenant unduly limits Landlord's ability to make further changes in its facilities, in view of restrictions of any applicable regulation, Landlord may cancel this Lease unless Tenant, within 365 days (or such lesser time afforded to Landlord by any governmental agency or authority with applicable jurisdiction) after receipt of written notice from Landlord, modifies its facilities in a way that will remove such limitations. Upon Landlord's request, Tenant shall reduce power or completely cease transmissions to comply with any applicable laws or regulations pertaining to human exposure to nonionizing electromagnetic radiation during periods of Tower maintenance, repair, inspections, re-lamping or painting. 6 19. Relocation of Ectuioment. Landlord reserves the right to reasonably relocate Tenant's equipment elsewhere on the Tower, or within the Equipment Shelter, provided that Landlord shall bear the sole expense of said relocation, and further provided that said relocation does not materially adversely affect Tenant's use. 20. Assignment and Subleasing. Tenant shall not have the right to assign its rights or obligations hereunder or sublease any portion of the Premises. 21. Successors and Assigns. This Lease shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 22. Miscellaneous. a. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. b. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. c. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such broker. e. Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease) necessary to pro~e~:: its rights or use of the Property or Premises. The Memorandum of Lease may be recorded in place of this Lease, by either party. f. This Lease shall be construed in accordance with the laws of the state in which the Property is located. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 7 h. Waiver of performance of any provision hereof shall not constitute a waiver of nor prejudice a party's right to subsequently require performance of the same provision or of any other provision. Signed by the parties on the Execution Date specified on page 1. LANDLORD: By Its TENANT: rn~ o rP Cit of Merid1ian By I ~ Gra ~o,e~ ~ e d r~/Q, t Its `-- 8 STATE OF ~,~1 o i COUNTY OF {- On this - day of ~, - -, , 199, before me personally appeared - ;e known to me to be the ~ of M ~ ~•-i c1,' a ~-•- the' corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day' and ear.+first-above written. ~~~~~~~~~~,,,,~ ~~.~` G E L . G ~•. No~'ARY PUBLIC" - '~~~ q`r~'': OTAR , M}~~mmission expires: nA~ci~ ~j y = ~ ~' _ 11 _*~'°VB~~G STATE OF /,fi1lL~/1 ~ '~ E Of `~ ,~~ COUNTY OF ~,~~~ On th ' s ~¢ appeared individual described and acknowledged that deed for the uses and day of ~~ 199, before me personally ~ known to me to be the ere n, who executed the within and foregoing instrument, signed the same as a free and voluntary act and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .-,Cr~i, NOTARY PUB My commission expires: 3~Zf~(~ ~~~~~~~~~~~r~~~~ ~ lQAr1~rGA ~CK ~ ~ t~s oie.n8sld nve. ~ -r.N,,; _ Sak lake Citq, Utah 84121 ..,~ ; ~ ' My Commission E~^::" ~ ' ~, ~ .. ~ r,0-Tip •~ ~ r L. Vi ~:..~i • L. 9 EXHIBIT A to the Tower Lease Agreement dated ~1~~ between Boise Cit Cellular Partnershi as Landlord, and Citv of Meridian Police Department, as Tenant Leval Description The property is legally described as follows: (See attached sheets 1 through 3) 10 E~.G~H .. ~., ,v_ i y/ EXHIBIT "A" RUBBLE ENGINEERING, INC. 9550 8ethe! Court ^ Boise, Idaho 83709 St E~~ PROJECT N0. 95043 CELLULAR ONE CINDER AND USTiCK SITE ADA COUNTY, IDAHO 208!322-8992 ^ Fax 208l378-032o MARCH 13, 1995 SEVEN PARCELS OF LAND COMPRISED OF ONE MICRO WAVE TOWER BASE SITE, ANO S1X GUY WIRE ANCHOR SITES, LOCATED IN THE SW1/4 OF THE NE1/4 OF SECTION 2, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5I8" IRON PIN WITH LS. 3260 CAP MARKING THE NORTHEAST CORNER VF SAi~7 SECTION 2. THENCE NORTH &9.14'41" WEST ALONG THE ,JORTH L1Nc OF SAID SECTION 2 FOR A DISTANCE OF 2643.29 FEET TO A 518" IRON PIN WITH L.S. 946 CAP MARKING THE N1J4 CORNER OF SAID SECTION 2; THENCE SOUTH 00.15'33" WEST ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 2 FOR A DISTANCE OF 1368.30 FEETTO A 5I8"IRON PIN WITH LS. 4431 CAP MARKING THE C.N.1/16 CORNER OF SAID SECTION 2;' THENCE SOUTH 89.17'36" EAST ALONG THE NORTH 1/16TH LINE OF SAID SECTION 2 FCR A DISTANCE OF 404.64 FEET; THENCE SOUTH 0.52'12" WEST FOR A DISTANCE OF 400.32 FEET TO THE CENTER OF SAID MICRO WAVE TOWER; THENCE NORTH 0.52'12" EAST FOR A DISTANCE OF 301.98 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0. 1; THENCE SOUTH 88.53'44" WEST FOR A DISTANCE OF 7.46 FEET; THENCE SOUTH 0.32'01" EAST FOR A DISTANCE OF 14.27 FEET; THENCE NORTH 88.53'44" EAST FOR A DISTANCE OF 14.91 FEET; THENCE NORTH 0.32'01" WEST FOR A DISTANCE OF 14.27 FEET; THENCE SOUTH 88.53'44"WEST FOR A DISTANCE OF 7.45 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE NO. 1; THENCE SOUTH 0.52'12" WEST FOR A DISTANCE OF 110.17 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0.2; THENCE NORTH 89°38'02" WEST FOR A DISTANCE OF 5.19 FEET; THENCE SOUTH 0°23'56" WEST FOR A DISTANCE OF 39.77 FEE*: ; THENCE SOUTH 89°38'02" EAST FOR A DISTANCE OF 9.57 FEC i ; THENCE NORTH 89°38'02" WEST FOR A DISTANCE OF 4.38 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE NO 2; THENCE SOUTH 0.52'12" WEST FOR A DISTANCE OF 181.81 FEET TO THE TRUE POINT OF BEGINNING OF THE MICRO WAVE TOWER BASE SITE; THENCE NORTH 89.51'00" WEST FOR A DISTANCE OF 30.13 FEET; THENCE SOUTH 0.04'16" EAST FOR A DISTANCE OF 49.90 FEET; THENCE NORTH 89.53'29" EAST FOR A DISTANCE OF 69.86 FEET; THENCE NORTH 1.06'21" WEST FOR A DISTANCE OF 49.59 FEET; THENCE NORTH 89.51'00" WEST FOR A DISTANCE OF 38.83 FEET TO THE TF~UE POINT OF iyE:alFt:vllvG OF 1 HE MICR? WA r E TOWER BASE SITE: THENCE SOUTH 0.52'12" WEST FOR A DISTANCE OF 10.00 FEET TO THE CENTER OF SAID MICRO WAVE TONER; THENCE SOUTH 61.03'27" WEST FOR A DISTANCE OF 301.62 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0.3; THENCE SOUTH 19.31'20" EAST FOR A DISTANCE OF 7.18 FEET; THENCE NORTH 61.41'55" EAST FOR A DISTANCE OF 14.50 FEET; THENCE NORTH 19.31'20" WEST FOR A DISTANCE OF 14.35 FEET; THENCE SOUTH 61.41'55" WEST FOR A DISTANCE OF 14.50 FEE i ; THENCE SOUTH 19.31'20" EAST FOR A DISTANCE OF 7.17 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0.3; THENCE NORTH 61.03'27" EAST FOR A DISTANCE OF 109.26 FEET TO THE TRUE antNr nF BEGINNING OF ANCHOR SITE N0.4; THENCE SOUTH 37.26'Sfi" EAST FOR A DISTANCE OF 4.96 FEET: THENCE NORTH 60.43'19" EAST FOR A DISTANCE OF 39.62 FEET; THENCE NORTH 37.26'56" WEST FOR A DISTANCE OF 9.67 FEET; THENCE SOUTH 60°43'19" WEST FOR A DISTANCE OF 39.62 FEET; THENCE SOUTH 37.26'56" EAST FOR A DISTANCE OF 4.71 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0.4; THENCE NORTH 61°03'27" EAST FOR A DISTANCE OF 192.36 FED ~ TO THE CENTER OF SAID MICRO WAVE TOWER; THENCE SOUTH 58°43'00" ~aST FOR A DISTANCE OF 301.02 FtET TO THE TRUE POINT OF oc^tu~n•~r~ n~ A-1l~lJ/1r1 [~ITf ~~.~ .. THENCE NORTH 59.48'08" WEST FOR A DISTANCE OF 14.81 FEET; THENCE SOUTH 30.35'33" WEST FOR A DISTANCE OF 14.82 FEET; THENCE SOUTH 59.48'08" EAST FOR A DISTANCE OF 14.81 FEET; THENCE NORTH 30.35'33" EAST FOR A DISTANCE OF 7.41 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0.5; THENCE NORTH 58.43'00" WEST FOR A DISTANCE OF 109.02 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0.6; THENCE NORTH 32.09'34" EAST FOR A DISTANCE OF 4.57 FEET; THENCE NORTH 58.39'59" WEST FOR A DISTANCE OF 39.49 FEET; THENCE SOUTH 32.09'34" WEST FOR A DISTANCE OF 9.53 FEET; THENCE SOUTH 58.39'59" EAST FOR A DISTANCE OF 39.49 FEET; THENCE NORTH 32.09'34" EAST FOR A DISTANCE OF 4.96 FEET TO THE TRUE POINT OF BEGINNING OF ANCHOR SITE N0.6; THE COMBINED AREA OF ANCHOR SITES N0. 1 - 6 AND THE TOWER BASE SITE IS 5.23 SQUARE rEET MORE OR LESS. PREPARED 8Y: NUBBLE ENGINEERING, INC. ~ ~. •. N ~.J QTL~~\ ./.- A f ~/1N. ~~~/ TRW/VW/788.DES TODD R. WAITS. P.LS. EXHIBIT B to the Tower Lease Agreement dated Z~~q-~q between Boise City Cellular Partnership, as Landlord, and City of Meridian Police Department, as Tenant The location and orientation of Tenant's space on the Tower and within the Equipment Shelter (including easements) are as follows: Tenant shall be allowed space on the tower to install one transmit antenna, Model ,#ASP702 between 190' & 200'. Tenant shall also be allowed space inside the equipment shelter for one rack 37" high x 21" wide x 18" deep. 11 EXHIBIT C to the Tower Lease Agreement dated ~/l4-~~ between Boise City Cellular Partnership, as Landlord, and City of Meridian Police Department, as Tenant Plan and Equipment Equipment layout to be determined by Landlord 12 EXHIBIT D to the Tower Lease Agreement dated ~1~~] between Boise City Cellular Partnership, as Landlord, and City of Meridian Police Department, as Tenant Environmental Laws As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits, pertaining to the protection of human health and/or the environment including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et sea•, the Clean Air Act, 42 U.S.C. §§ 7401, et sea., the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et sea•, the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et sea., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et sea., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et sea•, the Oil Pollution Control Act, 33 U.S.C. §§ 2701, et secx•, and Idaho (state laws), or any other comparable local, state. or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity, including but not limited to laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to t??ne; any and all material waste or substa;~cz defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. 13 t••pN CO~•M/ucM~OA{ Co.wwr N~Oe `""'°"`'w "'n''2" RADIO STATION LICENSE l'c•^{•• "~^`• XERIDIAN, CITY OF tia.o S«.rco PL LOC.1L GOVERNMENT l~eoeiso ~•wo ONe 930129 G" S~pR NPHP471 t~~• -w.*+e« 9212267211 lre«a• Gw~.{nlae DNe 980128 t`wunrcr wa!v'••.r''b 4304039692 Nw*~er of Mop.l•{ e• Cafywr VM•cuir ••1C•^ 'Ott•p1• =0•30••wnesNf -~e*•••M•r+ry tt*•s•I{pr{•••••{• MERIDIAN, CITY OF BILL GORDCN 33 E IDAHO MERIDIAN ID 83642 930128H 1711 1 1Z f ef~~.• ACC sr•a.,•we~{• ~.0. 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