Sprint Cellular Collocation CZC 14-066CERTIFICATE OF ZONING COMPLIANCE REPORT
DATE:
July 11, 2014
TO:
Scott Alpha, Powder River Development
FROM:
Kristy Vigil, Assistant City Planner
SUBJECT:
Sprint Cellular Collocation — CZC-14-066
OWNER:
Bilmar, Inc.
DESCRIPTION OF APPLICANT'S REQUEST
(:�Iw E IDIAN�,-
IDAHO
The applicant, Scott Alpha, Powder River Development, requests Certificate of Zoning
Compliance (CZC) approval of a collocation upgrade of antennas and related equipment (remove
six panel antennas and six lines of coax and add three panel antennas as part of a 2.5GHz
upgrade) in the I -L zoning district.
The site is located at 3735 N. Ten Mile Road.
DECISION
The applicant's request for CZC is approved with the conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to
verify if you need a building permit and/or inspection. If you do need a building permit, you
must complete that process before you commence the use or construction. As part of the
application submittal, you will need to provide one set of the final, stamped "approved"
Planning Department plans, stamped and signed by the architect and/or civil engineer as
applicable. You must provide these plans in PDFformat and hardcopy as specified in the
Building Services "Plan Intake Checklist" and include them with your building submittal set.
Please contact Building Services for additional details about building permits and inspections.
Process Conditions of Approval
1. The site plan prepared by Powder River Development on 03/19/2014, labeled A-
1, is approved (stamped "approved" on July 11, 2014 by the City of Meridian
Planning Division) with no changes.
2. The approved site plan or elevations may not be altered without prior written
approval of the City of Meridian Planning Division.
3. The elevations prepared by Powder River Development on 03/19/2014, labeled
A-4, A-5, and A-6, are approved (stamped "approved" on July 11, 2014 by the
City of Meridian Planning Division) with no changes.
Conditions Document I Sprint Cellular Collocation CZC-14-066
Ongoing Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation
that meets the standards as set forth in UDC 11-313-6 and to install and maintain all
landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-313-14.
2. The project is subject to all current City of Meridian ordinances and previous
conditions of approval associated with this site (CZC-13-032, CZC-08-009, CZC-06-
194, CZC-05-098, CZC-02-066, & CUP -02-025).
3. The issuance of this CZC does not release the applicant from any previous
requirements of the other permits issued for the site.
4. The applicant and/or property owner shall have an ongoing obligation to prune all trees
to a minimum height of six feet above the ground or sidewalk surface to afford greater
visibility of the area.
5. The applicant has a continuing obligation to comply with the outdoor lighting
provisions as set forth in UDC 11-3A-11.
6. The applicant and/or assigns shall have the continuing obligation to meet the specific
use standards for the proposed use as set forth in UDC 11-4-3-43.
CITY COUNCIL REVIEW
The applicant or a party of record may request City Council review of a decision of the Director.
All requests for review shall be filed in writing with the Planning Department on or before July
28, 2014, within fifteen (15) days after the written decision is issued, and contain the information
listed in UDC 11 -5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
EXPIRATION
Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the
use has not commenced within one year of the date of issuance of the Certificate of Zoning
Compliance.
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a
structure shall expire if the construction or alteration has not commenced within one year of the
date of issuance of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
July 11, 2015.
Conditions Document 2 Sprint Cellular Collocation CZC-14-066
EXHIBITS
A. Vicinity Map
B. Site Plan (dated: March 19, 2014)
C. Elevations (dated: March 19, 2014)
Conditions Document 3 Sprint Cellular Collocation CZC-14-066
A. Vicinity Map
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B. Site Plan (dated: March 19, 2014)
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Conditions Document 3 Sprint Cellular Collocation CZC-14-066
D. Elevations (dated: March 19, 2014)
Conditions Document 4 Sprint Cellular Collocation CZC-14-066
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Planning Division
VIE IDIAN -- ADMINISTRATIVE REVIEW APPLICATION
IDAHO
Type of Review Requested
Certificate of Zoning Compliance With Prior Approval
Applicant Information
Applicamname: SCOTT ALPHA, POWDER RIVER DEVELOPMENT SERVICES Phone:
Applicant address: 219 S WOODDALE DR zip: 83616 Email: scott.alpha@powderriverdev.com
Ownername: BILMARINC Phone: Fax:
Owneraddress: 12250 W CAMAS DR zip: 83709 Email:
Agent name (e.g. architect, engineer, developer, representative): SCOTT ALPHA
Firmname: POWDER RIVER DEVELOPMENT SERVICES Phone: Fax:
Address: 219 S WOODDALE DR zip: 83616 Email: Scott.alpha@powderriverdev.com
Cuumetname: LAURA BERTELLOTTI Phone: Fax:
Contactaddress: 10545 WILLOWS RD NE, SUITE 200 Zip: 98052 Email:
Subject Property Information
Location/streetaddress: 3735 N TEN MILE RD
Assessor's parcel number(,): SO434417605
Township, range, section: 4N1 W34
Project Description
Project/Application Name: Sprint Cellular Collocation
Description of Work: Installation of Sprint 2.5GHz antenna and RRH on existing mount, (1) per sector
33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.mcridaincity.org
1
Application Information
GENERAL DESCRIPTION
Current Zoning District:
Current Land Use:
Prior Approvals (File Numbers):
PROJECT INFORMATION
Site Plan Date:
Elevations Date:
33 F Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208)884-5533 a Facsimile: (208) 888-6854 e Website: www.meridaincity.org
2
SL03UB615 — Boi Monoco — North Meridian — 3735 Ten Mile Road, Meridian ID 83642
UbiquiTel Leasing Company (Sprint) is requesting a tower colocation upgrade of their antennas and
related equipment. Per the attached exhibit, UbiquiTel (Sprint) is requesting to remove (6) panel
antennas and (6) lines of coax. Sprint will then add (3) panel antennas as part of its 2.5GHz upgrade.
This is an existing tower that is owned by Verizon and maintains the antennas of multiple carriers.
4.0 EXISTING ANTENNA INFORMATION
Antennas 8 Transmission
Lines
Sector A
Sector B
Sector C
Microwave
Other
Other
Existing Rad Center (AGL)
110'
110'
110'
110,
110'
Number of Antennas
2
2
2
3
6
Antenna Type (panel, dish, whip)
Panel
Panel
Panel
RRUs
RRUs
Antenna Model
KMW ET-
X -TS -70-5-
62-18
KMW ET-
X -TS -70-5-
62-18
KMW ET-
X -TS -70-
1 5-62-18
Samsung
RRH-C2-A
Samsung
RRH-P4
Antenna Size (H x W x D)
72" x 12' x
5.9°
72"x 12'
x 5.9"
72"x 12'
x 5.9"
Antenna Weight (Ibs per antenna)
40lbs
40 lbs
40 lbs
Antenna Orientation:
0
110
240
Ice Shield installed?
No
Horizontal Azimuth (True North)
existing
Vertical (° of Davntilt)
0
Max # of Channels
ERP (Max Watts/Channel)
Microwave EIRP (dbm)
Max Gain (specify dBi ordBd)
TX Power at Antenna Port (watts)
Transmit Frequency (MHz)
862-869;
1930-1995
MHZ
Receive Frequency (MHz)
817-824;
1850-1915
MHZ
Receive Polarization
# of Coax perAntenna
2 12
2
Diameter of Coax
1'/�
5.0 EQUIPMENT BEING REMOVED (IF APPLICABLE)
Sector A
Sector B
Sector C
Microwave
Other
Other
Rad Center (AGL)
1 110'
110'
110'
Number of Antennas removing
2
2
2
Microwave
Other
Other
Antenna Type (panel, whip)
panel
panel
panel
110,
Antenna Model
DB 9801-
65E
65E M
DB 9801-
65E M
B9801-
D139801-
65E M
3
Antenna Orientation:
0
110
240
RRUs
# of Coax perAntenna
2
2
2
Samsung
RRH-V3
Diameter of Coax
1 %
1 %'
1
6.0 EQUIPMENT BEING ADDED
Antennas & Transmission
Lines
Sector A
Sector B
Sector C
Microwave
Other
Other
Proposed RadCenter(AGL)
110,
110,
110
110,
Numberof Antennas
1
1
1
3
Antenna Type (panel, dish,
whip)
panel
panel
panel
RRUs
Antenna Model
KMW ET-
X-WM-18-
65-813
KMW ET-
X-WM-18-
65-813
KMW ET-
X-WM-18-
1 65 -BP
Samsung
RRH-V3
Antenna Size (H x W x D)
61"02"x4'
61'xl2'x4"
61'xl2'x4'
Antenna Weight (Ibs per
antenna)
36 lbs
36 lbs
36 lbs
Antenna Orientation:
0
110
240
Ice Shield installed?
No
Horizontal Azimuth (True North)
existing
Vertical (° of Downtilt)
0
0
0
Max # of Channels
8
8
8
ERP (Max Watts/Channel)
Microwave EIRP (dbm)
Max Gain (specify dBi or dBd)
TX Power at Antenna Port (watts)
2.5 GHZ
TO LTE 8
ort RRH
Transmit Frequency (MHz)
2496-2690
MHZ
2496-2690
MHZ
Receive Frequency (MHz)
2496-2690
MHZ
Receive Polarization
# of Coax perAntenna
WA
Diameterof Coax
N/A
THIS IS BEING RE—RECORDED TO CORRECT LEGAL DESCRIPTION
�1
WARRANTY DEED
For Value Received
WILLIAM L. DAVIS As PATRICIA M. DAVIS
husband and wife
The grantors, do hereby grant, bargain, sell, and convey unto
BILMAR, INC.
an Idaho Corporation
The grantee, whose current address is
5460 N. Eagle Road
Boise, ID 83713
The following described premises, to -wit:
A one-third (113) interest in Exhibit "A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantee, his heirs and assigns forever, And the said Grantor does hereby covenant to and
with the said Grantee, that it is the owner in fee simple of said premises; that said
premises are free from all encumbrances except current years' taxes, levies, and
assessments, and except U. S. Patent reservations, restrictions, easements of record, and
easements visible upon the premises, and that it will warrant and defend the same from
all claims whatsoever.
Dated:
R C RD St or Illlam L. Da Is ADA C(IUN1V RECOR R
1, DAVID HAVAR FEE l DE
. \114F. IDAI.
0101264
Patricia M. Davis 2001 FE 13 M IDI 44
STATE OF IDAHO )
:as
COUNTY OF ADA 'aaapxD}eseryrye
A s
On This/Z day \ , 20v , before me, the undersigned, a Nullity Public
in and for seitl ubla, a x It It De , known idrntiaed m me to be the person
whose name is s rude, b§ A 1 ,� knowDAged to kno d executed the same.
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in and for said yYPgpy PaiY Vi M D -know � oj itlenrined to me to be the person whose
name is subsM ,la ryd'wt i In 'rld acknowledged to methal[j,�exewled the same.
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OF
STATE OF IDAHO )
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B° 18A
On this.l1'�'day of September, 2001, before me, the undersigned, a Notary Public in and for said State,
personally appeared William L. Davis, known or identified to me to be the person whose name is
subscribed to the within instrume'!„nd6Qk4qEdged to me that he executed the same,
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STATE OF IDAHO 9t''G '
COUNTY OF ADA OF 1�r•+J
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On thisAl'day of September, 2001, before me, the undersigned, a Notary Public in and for said Stale,
personally appeared Patricia M. Davis, known or identified to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that she executed the same.
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Licensor Site Reference: Monaco
Licensor Location #: 134880
Licensee Site Reference: UbiquiTel-North Meridian
Licensee Location#: SL03UB615
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMEN MENT TO LICENSE AGREEMENT (this "First
Amendment") is made this d_ay ofMR. between Verizon Wireless
(VAW), LLC, a Delaware limited liability compai , d/b/a Verizon Wireless ("Licensor") and
UbiquiTel Leasing Company ("Licensee").
WITNESSETH:
WHEREAS, Licensor and Licensee entered into that certain License Agreement dated
July 9, 2003 ("Agreement") wherein Licensor leased to Licensee certain space on a
communications tower site located at 3735 North Ten Mile Road, Meridian, Ada County, Idaho;
and
WHEREAS, Licensor and Licensee desire to amend the Agreement as hereinafter set
forth;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Licensor and Licensee agree to the following:
1. As of the date Licensor issues a notice to proceed with the site modifications
contemplated herein, (the "NTP Date"), Licensee shall be permitted to make the
equipment additions or removals necessary to configure Licensee's equipment as
shown on Exhibit B-1 of this First Amendment ("Exhibit B-1"), which is incorporated
herein by this reference. Licensor and Licensee agree and acknowledge that as of the
NTP Date, Exhibit B-1 shall replace Exhibit B of the Agreement in its entirety and
shall replace any other description of Licensee's equipment in the Agreement. Subject
to the provisions of any applicable Master Lease Agreement or Master Sublease
Agreement, only the antennas and equipment listed in Exhibit B-1 shall be authorized
and pennitted by Licensor.
The additions or removals necessary to configure Licensee's equipment as shown in
Exhibit B-1 and the installation and removal of the Temporary Equipment, as defined
below, shall be at Licensee's sole cost and expense and shall be in accordance with this
First Amendment and the Agreement.
2. Within thirty (30) days after the NTP Date, Licensee shall pay Licensor a one-time
payment in the amount of $1,000.00 as payment for installation of the Temporary
Equipment (as defined below).
On the first day of the month in which the NTP Date occurs, Licensee's monthly rent
shall be increased by Four Hundred Fifty and NO/100 Dollars ($450.00). Subject to
the foregoing increase, subsequent payments shall be made in accordance with the
terms and conditions of the Agreement.
4. Licensee shall remove six (6) Decibel BD98OF-65E-M panel antetmas and six (6) lutes
of 1-1/4" coax cables (the "Temporary Equipment") within six (6) months from the
Licensor Site Reference: Monoco
Licensor Location #: 134880
Licensee Site Reference: UbiquiTel-North Meridian
Licensee Location #: SL03UB615
NTP Date (the "Removal Date"). For clarification purposes, the parties agree and
acknowledge that "six (6) months" for this particular paragraph shall be calculated by
calendar months and not by the number of days. For example, if the NTP Date is
March 21, 2013, six (6) months from the NTP Date would be September 21, 2013.
In addition, Licensee shall notify Licensor, in writing, when the Temporary Equipment
is removed If Licensee does not remove the Temporary Equipment on or before the
Removal Date, Licensee's monthly rent shall automatically increase on the Removal
Date by 50% of the previous month's rental. Such increase shall continue until the first
day of the month following the date when Licensee removes the Temporary
Equipment. The parties agree that Licensor's actual damages resulting from Licensee's
failure to remove the Temporary Equipment on or before the Removal Date are
difficult to ascertain; that the 50% increase in rent is intended to constitute an estimate
of damages; and that the 50%increase in rent is reasonable. This paragraph shall not
impact the increases as otherwise set forth in the Agreement.
Alternatively, if Licensee does not remove the Temporary Equipment on or before the
Removal Date, Licensor may, after thirty (30) days written notice to Licensee, remove
the Temporary Equipment and Licensee shall reimburse Licensor for any and all
reasonable, actual and documented related costs and expenses.
5. Unless otherwise provided herein, all defined terms shall have the same meaning as
ascribed to such terns in the Agreement.
6. In the event of any conflict or inconsistency between the terns of this First
Amendment and the Agreement, the terms of this First Amendment shall govern and
control.
7. Except as otherwise provided for in this First Amendment, the Agreement shall remain
in full force and effect in accordance with the original terms of the Agreement.
[Remainder of Page Intentionally Left Blank]
[Signature Page to Follow]
Licensor Site Reference: Monoco
Licensor Location #: 134880
Licensee Site Reference: UbiquiTel-North Meridian
Licensee Location #: SL03UB615
IN WITNESS WHEREOF, this First Amendment is effective and entered into as of the
date last written below:
LICENSOR WITNESSES:
Gv
'tel. L . t
Print
Print Name:
LICENSOR:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By: _
Name: Brian Mecum
Title: �ehver#-
-tNc"VP Network West Area)
Date:
LICENSEE:
UbiquiTel Leasing Company
By:�L,
Name: Matthew Bell
Title:
Date: Manager e e
Licensor Site Reference: Monoco Licensee Site Reference: UbiquiTel-North Meridian
Licensor Location #: 134880 Licensee .Location #: SL03UB615
EXt11BIT B-1
Licensee's Equipment
(Page 1 of 2)
Existing Equipment at the 110'6" Level:
Six (6) Decibel DB980F-65E-M
Six (6) lines of I %" coax
Equipment to be installed (Under this first Amendment) at the 110'6" Level:
Six (6) panels (KMW ET-X-TS-70-15-62-18-iR-RD)
72" x 12" x 5.9"140 lbs
Three (3) RRUs (Samsung RRH-C2A)
Six (6) RRUs (Samsung RRH-P4)
Three (3) Hybrid lines (1 ''/a")
Direction of Radiation - 15, 95, 240
TX: 1961-1963 MHz; 862-869; 1930-1995 MHz
RX: 1861-1863 MHz; 817-824,1850-1915 MHz
Total Inventory of Equipment (Under this First Amendment) at the 110'6" Level:
Six (6) Decibel DB980F-65E-M (Temporary Equipment)
Six (6) panels (KMW ET-X-TS-70-5-62-18-iR-RD)
72" x 12" x 5.9"/ 40 lbs
Three (3) RRUs (Samsung RRH-C2A)
Six (6) RRUs (Samsung RRH-P4)
Three (3) Hybrid lines (1 '/a")
Six (6) lines of 1 %" coax (Temporary Equipment)
Three (3) 1-1/4" Hybrid cable lines
Direction of Radiation - 100, 255, 335
TX: 862-869; 1930-1995 MHz
RX: 817-824; 1850-1915 MHz
Existing Ground Space Dimensions: N/A—leased from Ground Owner
4
Licensor Site Reference: Monoco Licensee Site Reference: UbiquiTel-North Meridian
Licensor Location #: 134880 Licensee Location #: SL03TJB615
EXHIBIT B-1
Tower Elevation Drawing
(Page 2 of 2)
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AGREEMENT
UbiquiTel SITE ID NUMBER: SL03UB615 Verizon Wireless Site Name: BOIMonoco
UbiquiTel SITE NAME: North Meridian
LICENSE AGREEMENT / q
THIS LICENSE AGREEMENT, made the day of VAVAA 2003, between
Boise City MSA Limited Partnership, a Delaware limited partnership d/b/a Verizon Wireless, /
with its principal office at 180 Washington Valley Road, Bedminster, New Jersey 07921, Federal
Tax Identification Number: 91-1389720, hereinafter called Licensor, and UbiquiTelrLeasing
Company, a Delaware corporation, with its principal office at One West Elm -Street, Suite 400,
Conshohocken, Pennsylvania 19428, Federal Tax Identification Number 23-3039175, hereinafter
called Licensee.
WITNESSETH:
That in consideration of the terms, provisions, conditions, covenants and agreements
herein set forth, Licensor does hereby grant unto Licensee that certain parcel of property
(hereinafter called Property), located at 3735 Nath Ten Mile Road, Meridian, Idaho, together
with the non-exclusive right far 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 twenty (20') foot wide
right-of-way extending from the nearest public right-of-way, North Ten Mile Road, to the
demised premises, said Property and right-of-way for access being substantially as described
herein in Exhibit "A" attached hereto and made a part hereof. Also, Licensor grants to Licensee
a license to place six (6) antennas on Licensor's communications facility as shown on attached
Exhibit `B" hereto and made a part hereof, hereinafter called the "Premises." This License
Agreement shall be subject to the following terms and conditions:
UbiquiTel Site Name: North Meridian I Verizon Wireless Site Name: BOIMONOCO
4 l
i
0
This License Agreement shall be for a term of five (5) years commencing on the
first (1 st) day of the month in which the Licensee commences base station installation of its
equipment at the Property or September 1, 2003, whichever event occurs first.
Licensee shall pay Licensor an annual fee of Fifteen Thousand Dollars
($15,000.00), to be paid in equal monthly installments of One Thousand Two Hundred and Fifty
dollars ($1,250.00) on the first (1st) day of each month commencing with the first month of the
term of this License Agreement, in advance, to Verizon Wireless, P.O. Box 64498, Baltimore,
Maryland 21264-4498 or to such person, firm or place as the Licensor may, from time to time,
designate in writing at least thirty (30) days in advance of any payment date. Licensee must
include with each payment the alphanumeric site designation as specified on Page 1 of the
Agreement and the specific site location.
2. Licensee may have the option to extend this license for two additional five (5) year
terms by giving Licensor written notice of its intention to do so at least six (6) months prior to the
end of the then current term.
The annual fee for the first (1st) five (5) year extension term shall be increased to
Sixteen Thousand Five Hundred Dollars ($16,500.00), payable in equal monthly installments; and
the annual rental for the second (2nd) five (5) year extension shall be increased to Eighteen
Thousand One Hundred Fifty Dollars ($18,150.00), payable in equal monthly installments.
4. Licensee's equipment shall be purchased, installed and maintained, at the expense
of Licensee, and must be kept and maintained at all times in a good state of repair and
maintenance and in compliance with all laws, rules and regulations of any and all governments]
authorities and Licensee shall defend, indemnify and save Licensor harmless from any claims or
suits arising by reason of Licensee's failure to so keep and maintain its equipment or to comply
UbiquiTel Site Name: NortllMeridian 2 Verizon Wireless Site Name: BOIMONOCO
0
with such laws, rules or regulations. Licensor assumes no responsibility for the licensing,
operation or maintenance of the Licensee's equipment.
Licensee represents that it shall use its best efforts to obtain all certificates,
permits or other governmental approvals required by any federal, state or local authorities in
order to enable it to operate its equipment. Upon request from the Licensor, Licensee shall
provide to Licensor reasonable information concerning the status of Licensee's efforts to obtain
such certificates, permits or approvals. Further, in connection with obtaining of such certificates,
permits or approvals, Licensee shall have no authority to make any representations on behalf of
the Licensor or to indicate that the Licensee is acting on behalf of the Licensor, without the
express written approval of the Licensor. Licensee shall defend, indemnify and hold harmless the
Licensor from and against any and all claims, suits or damages arising out of any action taken by
the Licensee in violation or contradiction of the preceding sentence.
Licensee shall defend, indemnify and save harmless Licensor from and against
any and all claims and suits (and all costs and expenses incidental thereto, including attorney's
fees) for damages arising by reason of any injury or death to any person or persons, or damage to
property of Licensor or other person or persons, where such injuries, losses or damage have been
caused by any act or omission of Licensee, its agents, or employees at or around the Premises or
by virtue of the Licensee's occupancy of the Premises.
6. No indemnity of Licensor under this Agreement against liability for damages
arising out of bodily injury to persons or damage to property shall apply to any such injury or
damage caused by or resulting from the sole negligence of Licensor, its agents or employees.
Licensee shall, at Licensee's sole cost and expense, comply with all of the
requirements of the county, municipal, state, federal, and other applicable governmental
UbiquiTel Site Name: North Meridian 3 Verizon Wireless Site Name: BOIMONOCO
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authorities, now in force, or which may hereinafter be in force and shall defend, indemnify, and
save harmless Licensor from any claims or suits arising by reason of Licensee's failure to comply
with such requirements .
8. Licensee shall pay as an additional fee any increase in real estate taxes levied
against the Licensor or its property which is directly attributable to the improvements constructed
for or by Licensee. Any tax, assessment, levy, charge, fee or license imposed or required by
reason of or in connection with property ownership or lease by Licensor, with regard to the
premises, shall be paid in full by the Licensor. Any tax, assessment, levy, charge, fee, or license
required by reason of the use of the premises by Licensee shall be paid in full by Licensee.
9. It is understood and agreed by and between the parties hereto that Licensee's
equipment shall, unless otherwise agreed in writing, remain the personal property of Licensee
and Licensee shall have the privilege and right to remove the same at any time during the term of
this License Agreement provided that in the sole opinion of Licensor, the Premises and any
personal property and fixtures thereon are returned to as good condition as they were prior to the
installation of Licensee's equipment, reasonable wear and tear excepted.
10. Licensee agrees not to damage the Premises or any personal property or fixtures
thereon in any way. Licensee shall be responsible and liable for any such damages.
11. It is agreed that any fixtures, structures, signs, or other improvements placed upon
the Premises by Licensee may only be so placed with the express written approval of Licensor.
12. Licensee agrees that its equipment shall not cause interference to the use or
enjoyment of the property of Licensor and other licensees located at the Premises or neighboring
landowners including, but not necessarily limited to interference with radio communication
facilities. In the event that Licensee's equipment causes such interference to such use or
UbiquiTel Site Name: North Meridian 4 Verizon Wireless Site Name: BOIMONOCO
enjoyment, Licensee agrees immediately to cease operations until such interference is removed
by Licensee, at its sole expense.
13. Licensee agrees, at its sole cost, to relocate Licensee's equipment in the event that
the Licensor deems it necessary to use the space for Licensor, subsidiary, partner or affiliated
entity's own purpose. The site of such relocation shall be by mutual agreement in writing
between the Licensor and Licensee. In the event the Licensor and Licensee cannot agree upon
the site for the relocation, the Licensor shall have the right to terminate this Agreement.
14. So long as Licensee is not in default, Licensee shall remove its equipment, as well
as its fixtures, structures, signs or other improvements, if any, placed upon the Premises, upon
the expiration of the term of this License Agreement or the termination hereof, whichever first
occurs, unless the parties otherwise expressly agree in writing. In performing such removal,
Licensee shall restore the Premises and any personal property and fixtures thereon to as good a
condition as they were prior to the installation or placement of such equipment, fixtures, signs or
other improvements, reasonable wear and tear excepted, as determined in the sole opinion of
Licensor. If Licensee fails to remove such equipment, fixtures, signs or other equipment within
thirty (30) days of the expiration of this License Agreement, Licensor may remove and dispose of
such equipment, fixtures, signs or other improvements without any liability or responsibility to
the Licensee and the Licensee shall be responsible to the Licensor for all costs and expenses,
including reasonable attorneys fees incurred by the Licensee with respect to such disposition.
15. It is further understood and agreed the Licensor must approve of, in writing, all
contractors and personnel chosen by Licensee to install, maintain and operate the equipment and
that Licensee's maintenance and operation of its system will in no way damage or interfere with
the Licensor's use of the tower, antennas and appurtenances.
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16. All installations and operation in connection with this License by Licensee shall
meet with all applicable Rules and Regulations of the Federal Communications Commission,
Federal Aviation Agency and all applicable codes and regulations of the municipality, county and
state concerned. Under this License, the Licensor assumes no responsibility for the licensing,
operation, and/or maintenance of Licensee's radio equipment.
17. The Licensor shall not be liable for injury or damage to any person or property
occurring within or on the licensed property unless caused by or resulting from the sole
negligence of the Licensor, its servants, agents or employees.
18. Installation and maintenance of the Licensee's equipment shall have the Licensor's
prior written approval and shall be in accordance with the standards and requirements of the
Licensor, and shall be done under the Licensor's supervision and shall be subject to Licensor's
final written approval. The supervision, approval and other activities of Licensor under this
Paragraph however, shall not constitute the waiver of any term or condition of this License
Agreement. Scheduling of any and all work will be coordinated with the Licensor. Any future
maintenance involving antennas and transmissions must be coordinated with Licensor within a
reasonable time not less than forty-eight (48) hours prior to work being done. Failure to comply
with the terms and conditions of this Paragraph shall be cause for immediate termination of this
License Agreement by Licensor at its sole discretion. Any inspection or approval given or done
by the Licensor pursuant to this Agreement is solely for its own benefit. The Licensor shall have
no liability or responsibility to the Licensee or any third party as a result of any inspection or
approval given by the Licensor and the Licensee should not rely upon the same other than for the
specific purposes set forth herein.
Licensee shall comply with all specifications with regard to construction, radio
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frequency and installation on Licensor's tower as outlined in Exhibit "C" attached hereto and
made a part hereof.
19. All of Licensee's equipment mounted on the tower must be attached securely to
the tower with approved mounts, hangers, and clamps as directed by the Licensor. All cables and
wires entering or exiting equipment buildings must do so in a manner approved by the Licensor.
Failure to comply with the terms and conditions of this Paragraph shall be cause for immediate
termination of this License Agreement by Licensor at its sole discretion.
20. At the time of the execution of this License Agreement, Licensee will provide to
Licensor a copy of the Federal Communications Commission (F.C.C.) license authorizing the
operation of Licensee's equipment.
21. Licensee will provide to Licensor a statement setting forth the manufacturer and
model of the equipment to be installed on the premises at the time of execution of this License
Agreement,
22. The parties hereby waive any and all rights of action for negligence against the
other which may hereafter arise on account of damage to the premises or to 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 arnounts, such insurance is now or
hereafter carried by the parties, or either of them. Licensee shall, at Licensee's own expense, carry
liability insurance approved by Licensor which shall protect Licensor and Licensee jointly and
severally from any suit, claim, or action which may arise from accident or injury to any person
(including death) or including any extension hereof. Such insurance shall also protect Licensor
from any suit, claim or action which may arise from Licensee's liability for damages to Licensor.
Licensor and Licensee shall each be listed as named insured on such liability insurance policy.
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An approved certificate of such insurance shall be famished to Licensor. Licensee shall be
deemed to have complied with Licensor's requirement as to monetary limits if they carry the
following insurance:
Bodily Injury
Property Damage
.... $2,000,000
..... $1,000,000
23. Licensor may at its sole discretion, supply Licensee with keys or security devices
or codes for accessing the Premises. If Licensor makes any such keys or security devices
available to Licensee, Licensee shall not duplicate or disclose such keys or security devices or
codes and shall prevent its employees, agents, or representative from duplicating any keys or
security devices or codes. Failure to comply with the terms and conditions of this paragraph shall
cause for immediate termination of this License Agreement by Licensor, at its sole discretion.
24. Licensee will provide to Licensor on or before the effective date of this License
Agreement, a list of all personnel authorized by Licensee to have access to its equipment, and
will update such list as soon as reasonably practicable, upon a change in such personnel,
provided, however, that any personnel not on such list may not enter upon the Premises.
25. If the Premises should be deserted or vacated by the Licensee or if proceedings are
commenced against the Licensee in any court under a Bankruptcy Act or for the appointment of a
Trustee or a Receiver of the Licensee's property, the Licensor may immediately terminate the
Agreement. Further, Licensor may terminate this License Agreement upon written notice to
Licensee of a breach or default and, except where immediate termination is provided for under
this License Agreement, after affording Licensee a period of thirty (30) days in the event of non -
monetary default and ten (10) days in the event of monetary default from the date of Licensee's
receipt of such.notice (unless expressly extended in writing by the Licensor) to correct the breach
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of default. Additionally, if this License Agreement is terminated, the Licensor shall have the right
to reenter or repossess the Premises licensed to the Licensee, either by force, summary
proceedings, surrender, or otherwise, and dispossess and remove the Licensee from the Premises
without being liable therefor. The Licensee waives service of notice of intention to re-enter or of
instituting legal proceedings to that end.
26. Either party may terminate this License Agreement upon ninety (90) days written
notice with or without cause to the other party.
27. The failure of either party to enforce any terms or conditions of this License
Agreement shall not constitute a waiver of the same or other terms and condition or otherwise
prevent or preclude such party from exercising the rights or remedies hereunder, at law or in
equity.
28. This License Agreement shall not create for, nor give to, any third party any claim
or right of action against either party that would not arise in the absence of this License
Agreement.
29. Any and all rights and remedies hereunder are cumulative and are in addition to
such other rights and remedies as may be available at law or in equity.
30. This License Agreement grants a license only, revocable or terminable under the
terms and conditions herein, and does not grant any lease, easement or other interest in real
estate.
31. Licensor disclaims any warranty, expressed or implied, regarding Licensor's title
or rights, if any, with regard to the Premises.
32. All rights and liabilities under this License Agreement shall extend to the
successors and assigns of the parties hereto respectively provided, however, the right of the
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Licensee to assign or transfer this License Agreement is governed by the provisions of Paragraph
34 below.
33. The Licensor and Licensee acknowledge that the Licensor's rights in the property
derive from a certain Option and Lease Agreement dated August 29, 2002 between the Licensor
herein and Bilmar, Inc., hereinafter referred to as the "Prime Lease." In the event the Prime
Lease is terminated for any reason at any time during the term of this Agreement, this License
Agreement shall also be terminated and the termination shall be effective on the date the Prime
Lease is terminated. In such event, the Licensor, if able, will give the Licensee ninety (90) days
prior notice.
34. Licensee may not assign or otherwise transfer all or any part of its interest in this
Lease, or in the Premises without the prior written consent of Licensor, said consent not to be
unreasonably withheld, conditioned or delayed; provided, however, that Licensee may assign or
otherwise transfer upon notice but without consent such interest to its parent company, any
subsidiary or affiliate or to any successor -in -interest or entity acquiring a controlling interest in
its stock or assets. Licensee shall not sublease the Premises or any part thereof.
35. Any and all notices or other written communications required or permitted
hereunder shall be in writing and mailed postpaid via United States Certified Mail or overnight
courier, fax transmission to be concurrently given with one of the other methods as follows:
(a) If to Licensor,
Verizon Wireless
180 Washington Valley Road
Bedminster, NJ 07921
Attention: Network Real Estate Department
or to such other address as Licensor may furnish to Licensee in writing.
(b) If to Licensee,
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UbiquiTel Leasing Company
One West Elm Street — Suite 400
Conshohocken, Pennsylvania 19428
Attention: Engineering Property Management
With copy to: Vice President and General Counsel
or to such other address as Licensee may to furnish to Licensor in writing.
The receipt of the notice or other written communication shall be deemed to be the date of the
postmark.
36. The parties hereto agree that the terms and performances hereof shall be governed
by and construed in accordance with the laws of the state in which the Premises are located.
37. This License Agreement is the entire agreement between the parties on the subject
matter to which it applies.
LICENSEE:
UbiquiTel Leasing Company, a Delaware
corporation
B4: 2�
im Ames
hector of Implementation
Date: 40 SAO 37
LICENSOR:
Boise City MSA Limited Partnership d/b/a
Verizon Wireless
By: Verizon Wireless (VAW) LLC
ils Gena ralUPartnrL
By
Robert F. Swaine
West Area Vice President, Network
Date: 7.9
UbiquiTel Site Name: North Meridian 11 Verizon Wireless Site Name: BOIMONOCO
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UITIFRITOWN
•
See attached Description for BOI-Monoco Lease Site
UbiquiTel Site Name; North Meridian 12 Verizon Wireless Site Name_ BOIMONOCO
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UbiquiTel Site Name: North Meridian 12 Verizon Wireless Site Name: 6OIMONOCO
Exhibit A Page 1 of 4
'LLa HUEELE ENGINEERING, INC.
701 S. Allen St, Suite 102 . Meridian, ID 83642 208/322.8592 a Fax 208/378-0329
Ra s°
Project No. 02-088 May 9, 2002
DESCRIPTION FOR
PARENT PROPERTY
801-MONOCO LEASE SITE
A parcel of land located in the SE1/4 of Section 34, TAN., RAW., B.M., Ada
County, Idaho more particularly described as follows:
Commencing at the SE comer of said Section 34 from which the E1/4 comer of
said Section 34 bears North 00'53'33" East, 2643.43 feet
thence along the East boundary line of said Section 34 North 00'53'33" East,
1249.36 feet;
thence leaving said East boundary One North 89'06'27" West, 48.00 feet to a
point on the centerline of the Cresson Lateral, said point also being the REAL POINT
OF BEGINNING;
thence along the centerline of the Creason Lateral the following 25 courses:
North 4843'08° West, 136.72 feet to the beginning of a curve to the left;
thence along said curve 57.46 feet, said curve having a radius of 305.00 feet, a
central angle 10"47'40' and a long chore! of 57.38 feet which bears North 54'06'58"
West to the point of tangency;
thence North 59'30'48" West, 41.06 feet to the beginning of a curve to the left;
thence along said curve 167.00 feet, said curve having a radius of 307.00 feet, a
central angle 31'10'00" and a long chord of 164.94 feet which bears North 75'05'48"
West to the point of reverse curve;
thence along said reverse curve 107.40 feet, said curve having a radius of
607.25 feet, a central angle 10'08'00" and a long chord of 107.26 feet which bears
North 85'36'48" West to the point of tangency;
thence North 80'3248" West, 141.23 feet to the beginning of a curve to the right;
thence along said curve 39.74 feet, said curve having a radius of 66.00 feel, a
central angle 34030'00" and a long chord of 39.14 feet which bears North 63'17'48"
West to the point of tangency;
I
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Page 2 of 4
thence North 46'02'48" West, 96.38 feet to the beginning of a curve to the left;
thence along said curve 57.08 feet, said curve having a radius of 168.00 feet, a
central angle 19'28'00" and a long chord of 56.81 feet which bears North 55'46'48"
West to the point of tangency;
thence North 65030'48" West, 115.81 feet to the beginning of a curare to the right;
thence along said curve 29.80 feet, said curve having a radius of 119.00 feet, a
central angle 14'21'00" and a long chord of 29.73 feet which bears North 58'20'18'
West to the point of tangency;
thence North 51'09'48" West, 149.36 feet to the beginning of a curve to the left;
thence along said curve 70.57 feet, said curve having a radius of 257:00 feet, a
central angle 15'44'00" and a long chord of 70.35 feet which bears North 59'01'48"
West to the point of tangency;
thence North 66'53'48" West, 146.38 feet to the beginning of a curve to the right;
thence along said curve 34.62 feet, said curve having a radius of 94.00 feet, a
central angle 21'06'00" and a long chord of 34.42 feet which bears North 56'20'48"
West to the point of tangency;
thence North 45047'48' West, 125.65 feet to the beginning of a curve to the right;
thence along said curve 114.75 feet, said curve having a radius of 176.28 feet, a
central angle 37'18'00" and a long chord of 112.74 feet which bears North 27'08'48'
West to the point of reverse curve;
thence along said reverse curve 145.77 feet said curve having a radius of
180.00 feet, a central angle 46'24'00" and a long chord of 141.82 feet which bears
North 31041'480 West to the point of tangency;
thence North 5453'48" West, 98.65 feet to the beginning of a curve to the right
thence along said curve 31.65 feet,
central angle 11'20'00" and a long chord
West to the point of tangency;
said curve having a radius of 160.00 feet, a
of 31.60 feet which bears North 49'13'48"
thence North 43'33'48" West, 154.36 feet to the beginning of a curve to the left;
thence along said curve 143.46 feet, said curve having a radius of 563.00 feet, a
central angle 14'36'00" and a long chord of 143.07 feet which bears North 50'51'48"
West to the point of tangency;
k16u�veY�Cai15"deslCxIF801.WonCeo(02-088)1DaamaiW7ancccF3ranlFccec/Fes.�cc
' Page 3 of 4
thence North 58'0948" West, 138.17 feet to the beginning of a curve to the right;
thence along said curve 28.43 feet, said curve having a radius of 40.00 feet, a
central angle 40'43'00' and a long chord of 27.83 feet which bears North 37'48'18"
West to the point of tangency; -
thence North 17'2648" West, 137.18 feet to a point on the East-West centedine
of said Section 34;
thence leaving the cardedine of the Creason Lateral and along said East-West
centerline South 89'15'5=" East, 21.05 feet;
thence leaving said East-West centerline South 17'26'48" East, 130.61 feet to
the beginning of a curve to the left;
thence along said curve 14.21 feet, said curve having a radius of 20.00 feet, a
central angle 40043'00' and a long chord of 13.92 feet which bears South 37048'18"
East to the point of tangency;
thence South 58'09'48" East, 138.17 feet to the beginning of a curve to the right;
thence along said curve 148.56 feet, -said curve having a radius of 583.00 feet, a
central angle 14'36'00" and a long chord of 148.16 feet which bears South 50'51'48"
East to the point of tangency;
thence South 43'3348" East, 154.36 feet to the beginning of a curve to the left;
thence along said curve 27.69 feet, said curve having a radius of 140.00 feet, a
central angle 11'20'00" and a long chord of 27.85 feet which bears South 49'13'48"
East to the point of tangency;
thence South 54'5348" East, 98.65 feet to the beginning of a curve to the right
thence along said curve 98.89 feet, said curve having a radius of 200.00 feet, a
central angle 28'19'49" and a long chord of 97.89 feet which bears South 40'43'53"
East;
thence leaving said curve South 87056'57" East, 91.04 feet (formerly described
as 91.02 feet); -
thence South 00'49'05" West, 102.22 feet;
thence South 89"13'34" East, 1274.91 feet to a point on the West right-of-way
line of North Ten Mile Road;
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Page 4 of 4
thence along said West right-of-way line South 00'53'33' West, 733.08 feet to
the REAL POINT OF BEGINNING, containing 13.40 acres, more or less,
Prepared
HUBBLE
E
Gregory G. Carter, P.L.S.
INC.
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EXHIBIT `B"
Licensee is authorized to install and maintain the following equipment:
ANTENNA TO BE INSTALLED ON TOWER:
Manufacturer and Type: Decibel — 980F65T2E-M
Number of Antennas: 6
Weight and Height ofAntenna(s): 9.5 tbs. 60 x 6 x 3 inches
Transmission Line Mfr. and Type No.: Andrew/Foam 1/1/4
Diameter and Length of Transmission Line: 1 1/4 in / 150 ft.
Height of Antenna on Tower: 110 ft.
Tower leg: N/A
Direction of Radiation: 0 / 105 / 220
Rated Power: 100 W ERP
Transmit Frequency: 1960 MHz
Receive Frequency: 1889 MHz
UbiquiTel Site Name: North Meridian l3 Verizon Wireless Site Name: BOIMONOCO
C.
EXHIBIT "C"
See attached "Site Standards"
0
UbiquiTel Site Name; North Meridian 14 Verizon Wireless Site Name: BOIMONOCO
SITE STANDARDS
1. GENERAL
A. PURPOSE
The purpose of these Site Standards is to create a quality site installation. These standards
are to be in effect for each Licensee having equipment in, on, or at the site where the right
to occupy is granted by the License to which this document is an Attachment.
B. STATE AND NATIONAL STANDARDS
1. All installations must conform with all state and national regulations and the
following state and national codes or any supplements, amendments or provisions
which supersede them:
a.
10
G.
Q
American National Standards Institute:
ANSUEAI-222E Structural Standards for Steel Antenna Towers and
Antenna Supporting Structures
Federal Aviation Administration Regulations:
Vol. XI, Part 77
Advisory Circular
AC 70/7460
Advisory Circular
AC 150/5345-43,
FAA/DOD Specifications L-856
Objects Affecting Navigable Airspace
Obstruction Marking and Lighting
High Intensity Obstruction Lighting Systems
Federal Communications Commission Rules and Regulations:
Code of Federal
Regulations Title 47
Chapter I, Parc 17
National Electrical Code
Construction, Marking and Lighting of Antenna
Structures
C. Building Officials and Code Administrators International, hic.:
Basic National Building Code
Basic National Mechanical Code
UbiquiTel Site Name: North Meridian 15 Verizon Wireless Site Name: BOIMONOCO
State Building Code
National Fire Protection Association
Code 101 - Life Safety
Code 90A - Air Conditioning and Ventilating Systems
Code 110 - Emergency and Standby Power Systems
g. State Fire Safety Code
h. Occupational Safely and Health Administration
Safety and Health Standards (29 CFR 1910) General Industry
Subpart R Special Industries
1910.268 Telecommunications
1926.5 10 Subpart M Fall Prevention
i. Motorola Grounding Guideline for Cellular Radio Installations, Document No.
68P 81150E62, 7/23/92 OR AT&T
AUTOPLEX Cellular Telecommunications Systems, Lightning Protection and
Grounding, Customer Information
Bulletin 148B, August 1990, or latest revision.
C. GENERAL/APPROVAL
1. All users shall furnish the following to Licensor prior to installation of any
equipment:
a. Completed Application. (Licensee must make new Application to Licensor
for change in Antenna position or type.)
b. Fully executed license Agreement.
C. Copies of FCC licenses and construction/building permits.
d. Final site plan outlining property boundaries, improvements, easements
and access.
C. Accurate block diagrams showing operating frequencies, all system
components (active or passive) with gains and losses in dB, along with
power levels.
2. The following will not be permitted at the facility without the prior written
consent of Licensor.
a. Any equipment without FCC type acceptance or equipment which does
not conform to FCC rules and regulations.
b. Add-on power amplifiers.
c. "Hybrid" equipment with different manufacturers' RF strips.
d. Open rack mounted receivers and transmitters.
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e. Equipment with crystal oscillator modules which have not been
temperature compensated.
f. Digital/analog hybriding in exciters, unless type -accepted.
g. Non -continuous duty rated transmitters used in continuous duty
applications.
circuitry.
h. Transmitter outputs without a harmonic filter and antenna matching
i. Change in operating frequency(ies).
j. Ferrite devices looking directly at an antenna.
k. Nickel plated connectors.
1. Cascaded receiver multicouplers/preamps .
All emergencies are to be reported immediately to 1-800-852-2671.
D. LIABILITY
It shall be the responsibility of the licensee to comply with all of the site standards set
forth herein. The licensee specifically agrees to indemnify and hold harmless the Licensor
against any claim of liability, loss, damage or costs including reasonable attorney's fees,
arising out of or resulting from the licensee's non-compliance with the standards set forth
herein.
E. INSPECTION
Licensor reserves the right to inspect licensee's area without prior notice at any time
during the term of the license Agreement in order to ensure compliance with the
standards set forth herein. Any such inspection shall be solely for the benefit and use of
the Licensor and does not constitute any approval of or acquiescence to the conditions
that might be revealed during the course of the inspection.
Licensor reserves the right to inspect Licensor's area without prior notice.
R DISCLAIMER OF RESPONSIBILITY
It is the intention of the Licensor and licensee that the standards set forth herein are part
of the Agreement between them. It is specifically agreed that they are not intended to be
relied upon or to benefit any third party. Further, the Licensor shall have no liability or
responsibility to any third party as a result of the establishment of the standards set forth
herein, any inspection by the Licensor of the Licensee's area in order to determine
compliance with the standards, the sufficiency or lack of sufficiency of the standards, or
the licensee's compliance or non-compliance with the standards and the licensee agrees to
indemnify and hold harmless the Licensor against any claim by a third party resulting
from such theories.
G. NOTICES
UbiquiTel Site Name: North Meridian 17 Verizon Wireless Site Name: BOIMONOCO
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1. All contacts or notices required or permitted by the Licensee pursuant to these Site
Standards shall be provided in writing to Licensor's General Manager - Operations or his
or her designee and any approval or consent by the Licensor shall only be effective if
executed in writing by the Licensor's General Manager - Operations or his or her
designee.
It. RADIO FREQUENCY INTERFERENCE PROTECTIVE DEVICES
A. if due to Licensee's use or proposed use, there exists any change to the RF
environment it will be at Licensor's sole discretion to require any or all of the
following:
1. IM protection panels can be installed in lieu of separate cavity and isolator
configurations. Licensor approval required.
2. 30-76 MHz
- Isolators required
- TX output cavity - minimum of20 dB rejection @ plus or minus 5 MHz
3. 130-174 MHz
- Isolators - minimum of 30 dB with bandpass cavity
4. 406-512 MHz
- Isolators - minimum of 60 dB with bandpass cavity
5. 806-866 MHz
- Isolators - minimum of 60 dB with bandpass cavity
6. 866 MHz and above - as determined by Licensor.
B. Additional protective devices maybe required based upon Licensor's evaluation of
the following information:
1. Theoretical Transmitter (TX) mixes.
2. Antenna location and type
3. Combiner/multicoupler configurations
4. Transmitter specifications
5. Receiver specifications
6. Historical problems
7. Transmitter to transmitter isolation
8. Transmitter to antenna isolation
9. Transmitter to receiver isolation
10. Calculated and measured level of Intennodulative (IM) products
11. Transmitter output power
12. Transmitter Effective Radiated Power (ERP)
13. Spectrum analyzer measurements
14. Voltage Standing Wave Radio (VSWR) measurements
15. Existing cavity selectivity
C. Licensee will be required to immediately correct excessive cabinet leakage
UbiquiTel Site Name: North Meridian 18 Verizon Wireless Site Name: BOIMONOCO
which causes interference to other tenants.
III. ANTENNAS AND ANTENNA MOUNTS
A. All mounting hardware to be utilized by Licensee to be as specified by tower
manufacturer and approved by Licensor.
B. Connections to be taped with stretch vinyl tape (Scotch #33-T or equivalent) and
Scotchkoted or equivalent (including booted pigtails) .
C. Must meet manufacturer's VSWR specifications,
D. Any corroded elements must be repaired or replaced.
E. Must be DC grounded type, or have the appropriate lightning protection as
determined by Licensor.
F. No welding or drilling on mounts will be permitted.
G. All antennas must be encased in fiberglass radomes and be painted or impregnated
with a color designated by Licensor as the standard antenna color for aesthetic
uniformity.
IV. CABLE
A. All antenna lines to be approved by Licensor.
B. All transmission line(s) will be installed and maintained to avoid kinking and/or
cracking.
C. Tagged with weatherproof labels showing manufacturer, model, and owner's name
at both ends of cable run.
D. Any cable fasteners exposed to weather must be stainless steel.
E. All interconnecting cables/jumpers must have shielded outer conductor and
approved by Licensor.
F. Internally, all cable must be run in troughs or on cable trays and on cable or
waveguide bridges at intervals of no less than 3'. Externally, all cable must be
attached with stainless steel hangers and non -corrosive hardware.
G. All unused lines must be tagged at both ends showing termination points with the
appropriate impedance termination at each end.
H. All AC line cords must be 3 conductors with grounding plugs.
I, All antenna transmission lines shall be grounded at both the antenna and
equipment ends at the equipment ends and at building entry point, with the
appropriate grounding kits.
J. All cables running to and from the exterior of the cabinet must be 100% ground
shielded. Preferred cables are: Heliax, Superflex or braided grounds with foil
wrap.
V. CONNECTORS
A. Must be Teflon filled, UHF or N type, including chassis/bulkhead connectors.
B. Must be properly fabricated (soldered if applicable) if field installed.
C. Must be taped and Scotchkoted or equivalent at least 4" onto jacket if exposed to
weather.
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D. Male pins must be of proper length according to manufacturer's specifications.
E. Female contacts may not be spread.
F. Connectors must be pliers tight as opposed to hand tight.
G. Must be silver plated or brass.
H. Must be electrically and mechanically equivalent to Original Equipment
Manufacturers (OEM) connectors.
VI. RECEIVERS
A. No RF preamps permitted in front end unless authorized by Licensor.
B. All RF shielding must be in place.
C. VHF frequencies and higher must use helical resonator front ends.
D. Must meet manufacturer's specifications, particularly with regard to bandwidth,
discriminator, swing and symmetry, and spurious responses.
E. Crystal filters/pre-selectors/cavities must be installed in RX legs where
appropriate.
F. All repeater tone squelch circuitry must use "AND" logic.
VII. TRANSMITTERS
A. Must meet original manufacturer's specifications.
B. All RF shielding must be in place.
C. Must have a visual indicator of transmitter operation.
D. Must be tagged with Licensee's name, equipment model number, serial number,
and operating frequency (ies).
E. All low-level, pre -driver and driver stages in exciter must be shielded.
F. All power amplifiers must be shielded.
G. Output power may not exceed that specified on Licensee's FCC License.
VIII. COMBINERS/MULTICOUPLERS
A. Shall at all times meet manufacturer's specifications.
B. Must be tuned using manufacturer approval procedures.
C. Must provide a minimum of 60 dB transmitter -to -transmitter isolation.
Di. CABINETS
A. All cabinets must be bonded together and to the equipment building ground
system.
B. All doors must be secured.
C. All non -original holes larger than 1" must be covered with copper screen or solid
metal plates.
D. Current license for all operating frequencies should be mounted on the cabinet
exterior for display at all times.
X. INSTALLATION PROCEDURES
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A. Any tower work must be scheduled with Licensor using only Licensor approved
contractors at least 48 hours in advance of site work. Licensee will be responsible
for any and all fees associated with said work.
B. Installation may take place only after Licensor has been notified of the date and
time in writing, and only during normal working hours unless otherwise
authorized beforehand.
C. Equipment may not be operated until final inspection of installation by Licensor,
which shall not be unreasonably withheld.
D. Any testing periods are to be approved in advance by Licensor and within the
parameters as defined by Licensor.
XI. MAINTENANCE/TUNING PROCEDURES
A. All external indicator lamps/LED=s must be working.
B. Equipment parameters must meet manufacturer's specifications.
C. All cover, shield, and rack fasteners must be in place and securely tightened.
D. Local speakers and/or orderwire systems must be turned off except during service,
testing or other maintenance operations.
XII. INTERFERENCE DIAGNOSTIC PROCEDURES
The Licensee must cooperate immediately with Licensor when called upon to investigate
a source of interference, whether or not it can be conclusively proven that licensee's
equipment is involved.
XIII. TOWER
This section deals with items which are to be mounted on, attached to or affixed to the
Tower.
A. ICE SHIELDS
At Licensor's sole discretion, protective ice shields maybe required and
manufacturer of ice shield will be determined by Licensor.
B. CLIMBING BOLTS AND LADDERS
1. All attachments made to the Tower shall be made in such a manner as not to cause
any safety hazard to other Licensees or cause any restriction of movement on, or
to any climbing ladders, leg step bolts or safety cables provided.
C. BRIDGE
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1. Installation of a cable bridge shall be at Licensor's sole discretion and with
Licensor's approval.
2. If required, and in accordance with the manufacturers recommendations for the
spacing of supports on horizontal runs for the particular type of cable or
waveguide, the cable or waveguide shall be secured to the brackets on the bridge
using clamps and hardware specifically manufactured for that purpose.
3. No cable or waveguide run shall be clamped, tied or in any way affixed to a run
belonging to Licensor or any another licensee.
D. CABLE LADDER AND WAVEGUIDE
Licensee shall install a ladder for the vertical routing of cable and waveguide.
From the horizontal to vertical transition at the point where the bridge meets the
tower to the point at which the cable or waveguide must leave the bridge to route
to the antenna, all cable and waveguide is to be attached to the ladder in
accordance with the recommendations of the manufacturer of the cable or
waveguide.
2. No cable or waveguide nun shall be clamped, tied or any way affixed to a run
belonging to Licensor or any another licensee.
E. DISTRIBUTION RUNS
1. Cable or waveguide runs from the cable ladder to the point at which they connect
to the antenna shall be routed along tower members in a manner producing a neat
and professional site appearance.
2. Cable and/or waveguide runs shall be specifically routed so as not to impede the
safe use of the tower leg or climbing bolts, or to restrict the access of Licensor or
any another licensee.
3. Distribution runs shall be clamped to the tower in accordance with the
recommendations of the manufacturer OR he cable or waveguide.
4. No cable or waveguide run shall be clamped, tied or in any way affixed to a run
belonging to Licensor or any another licensee.
F. LENGTHS
1. Cable and/or waveguide runs shall not be longer than necessary to provide a
proper connection and normal maintenance and operation.
2. No coiled lengths shall be permitted on the tower, bridge or on the ground.
G. ENTRY
1. Entry of the cable or waveguide to the interior of the shelter shall be via ports
provided in the shelter wall.
2. Cable and/or waveguide entering a port shall be provided with a boot to seat the
port; the boot shall be a Microflect or equivalent commercial product made
specifically for the type of cable or waveguide and for diameter of the entry port,
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and approved by Licensor before installation. It shall be installed in accordance
with the instructions of the manufacturer and the port shall be sealed against the
intrusion of moisture.
XIV. EQUIPMENT LOCATED WITHIN LICENSOR'S EOUIPMENT BUILDING
A. EQUIPMENT INSTALLATION REQUIREMENTS
1. Any mounting to walls either outside or inside Licensor's building must be pre -
approved by Licensor.
2. All racks and equipment are to be plumb and true with the walls and floor of the
shelter and reflect an installation consistent with the electrical and operational
requirements of the equipment and appearance standards of a professional
installation.
3. Racks are to be bolted to the floor and aligned on the centerline as in the site
drawing provided to the Licensor.
4. Racks are not to be attached to the cable trays.
B. TRANSMISSION LINES AND/OR WAVEGUIDE ROUTING
1. Cable trays and/or troughs are required within the shelter for the routing of cable
and waveguide to the equipment racks and termination points.
2. All cable and waveguide shall be placed and secured to the cable tray.
C. LENGTHS
1. Cable and/or waveguide runs in the equipment shelter shall not be longer than
necessary in order to provide a proper connection.
2. While adequate slack for purposes of maintenance and operation is permitted, no
coiled lengths on the tray or elsewhere in the shelter are permitted for normal
maintenance and operation.
XV. GROUNDING
I. The Licensee must adhere to either the Motorola or AT&T grounding
specification outlined above based on Licensor's equipment at facility.
2. All exterior grounding shall be C.A.D. welding.
3. All antennas shall be bonded to the tower.
4. Cable and waveguide shall be grounded as a minimum at three specific points,
and for vertical runs in excess of 200 feet at intermediate points.
5. All cable and waveguide shall be grounded to the tower at the point where the tun
effectively breaks from the tower for its connection to the antenna, using clamps
and hardware specifically manufactured for that purpose.
6. On the vertical portion of the cable or waveguide run, just above where it starts to
make its transition from a vertical tower to a horizontal bridge run, all cable and
waveguide shall be grounded to the tower using clamps and hardware specifically
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manufactured for that purpose.
7. On the exterior of each shelter, at a point near the entry ports, a grounding plate
must be provided for terminating ground leads brought from the cable and
waveguide. Each cable and waveguide run shall be grounded at this point using
clamps and hardware specifically manufactured for that purpose.
8. On cable and waveguide installations where the vertical tower length exceeds 200
feet, the run shall be grounded at equally spaced intermediate points along the
length of the run so as not to have a distance between grounding points longer
than 100 feet.
9. Cable and waveguide grounding leads shall connect to a separate point for each
run to the common ground point.
10. Grounding straps shall be kept to a minimum length and as near as possible to
vertical down lead and shall be consistent with the restraints of protective dress
and access.
11. Grounding plates must be provided for single point access to the site grounding
system. Each rack shall have a properly sized, insulated ground lead from the rack
safety and signal grounds to one of the grounding points on the ground plate.
12. The insulated ground lead shall follow the route of and be placed in the cable tray.
13. Each rack shall be separately grounded.
14. All modifications to grounding system must meet Licensor's impedance
specification.
XVI. ELECTRICAL
1. Power requirements must be approved, in advance by Licensor.
2. Polarized electrical outlets should be installed for all transmitters when possible.
3. Surge protection is required for all base stations.
XVII. ELECTRICAL DISTRIBUTION
I. All electrical wiring from the distribution breaker panel shall be via rigid metal
conduit, thin wall, routed along the under side of the cable tray to a point directly
above the equipment rack. From this point, Licensee may select how to distribute
to its equipment or rack.
XVIII. TEMPORARY LOADS
Test equipment, soldering irons or other equipment serving a test or repair
function may be used only if the total load connected to any single dual receptacle
does not exceed 15 amps.
2. Test equipment to be in place for more than seven (7) days will require prior
approval of the Licensor.
XIX. HEATING, VENTILATING. AND AIR CONDITIONING
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Any additional equipment or equipment upgrade having a greater heat dissipation
requirement than the existing system will be the responsibility of the Licensee and
if different than specified in the Application cannot be installed without the prior
approval of the Licensor.
XX. DOORS
1. Equipment building doors shall be kept closed at all times unless when actually
moving equipment in or out.
XXL SITE APPEARANCE
1. Services to maintain the appearance and integrity of the site will be provided by
the Licensor and will include scheduled cleaning of the shelter interiors.
2. Each licensee is expected and required to remove from the site all trash, dirt and
other materials brought into the shelter, or onto the site during their installation
and maintenance efforts.
3. No food or drink is allowed within the equipment shelter.
4. No smoking is allowed on the Tower site.
XXII. STORAGE
No parts or material may be stored on site by Licensee.
XXIII. DAMAGE
Licensee shall report to Licensor any damage to any item of the facility, structure,
component or equipment, whether or not caused by Licensee.
XXIV. REPORTING ON SITE
1. Personnel on site shall be required to communicate with the Network Operating
Center by calling 1-800-264-6620 and report their arrival on site, identity,
purpose, expected and actual departure times.
2. Emergency 24-hour contact number(s) must be displayed on outside of equipment
cabinet/building.
UbiquiTel Site Name: North Meridian 25 Verizon Wireless Site Name: BOIMONOCO
Exhibit "D"
Prime Lease between Licensor and Landlord
See attached.
UbiquiTcl Site Name: North Meridian 26 Verizon Wireless Site Name: ➢OIMONOCO
BORvIonoco
OPTION AND LEASE AGREEIVIENT
This Agreement made this 7,9�" day of 4sc s r , 2002 , between HILMAR, INC., with its
principal offices located at 5460 N. Eagle Rd., Boise, Idaho- 83713, Tax ID 41820491375 hereinafter
designated LESSOR and Boise City MSA Limited Partnership d/b/a Verizon Wireless, with its principal
office located at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter designated
LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or
individually as the "Party".
LESSOR is the owner of that certain real property located in Ada, County, State of Idaho, as shown
on the Tax Map of the County of Ada as parcel #SO434417605 (the entirety ofLESSOR's property is referred
to hereinafter as the "Property"). LESSEE desires to obtain an option to lease a portion of said Property,'with
a right-of-way for access thereto (hereinafter referred to as the "Premises"), containing approximately 1600
square feet, more specifically described and as substantially shown on Exhibit "A" attached hereto and made
a part hereof,
NOW THEREFORE, in consideration of the sum of ONE THOUSAND Dollars ($1,000.00),
hereinafter referred to as Option Money, to be paid by LESSEE to the LESSOR, which LESSEE will provide
upon its execution of this Agreement, the LESSOR hereby grants to LESSEE the right and option to lease
said Premises including a right-of-way for access thereto, for the term and in accordance with the covenants
and conditions set forth herein. i
The option may be exercised at any time on or prior to April 30, 2003. At LESSEE's election and
upon LESSEE's prior written notification to LESSOR, the time during which the option may be exercised
may be further extended for one additional period of six months through and including October 31, 2003,
with an additional payment ofby LESSEE to LESSOR for the option
period so extended. The time during whic_h the option may be exercised may be further extended by mutual
agreement in writing. If during said option period, or during the term of the lease, if the option is exercised,
the LESSOR decides to subdivide, sell or change the status of the Property or his property contiguous thereto
he shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to protect LESSEE's
interest in the Premises.
This option may be sold, assigned or transferred by the LESSEE without any approval or consent
of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal; 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; or to any entity which acquires or receives an interest in the majority of communication
towers of the LESSEE in the market defined by the Federal Communications Commission in which the
Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without
the written consent of the LESSOR, which such consent will not be unreasonably withheld or delayed.
Should LESSEE fail to exercise this option or any extension thereof within the time herein limited,
all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated,
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and LESSOR shall retain all money paid for the option, and no additional money shall be payable by either
Party to the other.
LESSOR shall cooperate with LESSEE in its effort_ to obtain all certificates, permits and other
approvals that may be required by any Federal, State or Local authorities, which will permit LESSEE, use of
the Premises. LESSOR shall take no action which would adversely affect the status of the Property with
respect to the proposed use by LESSEE.
The LESSOR shall permit LESSEE, during the option period, free ingress and egress to the Premises
to conduct such surveys, inspections, structural strength analysis, subsurface soil tests, and other activities of
a similar nature as LESSEE may deem necessary, at the sole cost of LESSEE.
LESSOR agrees to execute a Memorandum of this Option to Lease Agreement which LESSEE may
record with the appropriate Recording Officer. The date set forth in the Memorandum of Option to Lease is
for recording purposes only and bears no reference to commencement of either term or rent payments.
Notice of the exercise of the option shall be given by LESSEE to the LESSOR in writing by certified
trail, return receipt requested. Notice shall be deemed effective on the date it is posted. On the date of such
notice the following agreement shall take effect:
LEASE AGREEMENT
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of
property (the entirety of LESSOR's property is referred to hereinafter as the "Property") containing 1600
square feet situated in Ada, County, State of Idaho, as shown on the Tax Map of the County of Ada as parcel
#50434417605, commonly known as 3735 N. Ten Mile Road, together with the non-exclusive right 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 TWENTY (20) foot wide right-of-way extending from the nearest public right-of-way, North Ten
Mile Road, to the demised premises, said demised premises and right-of-way (hereinafter referred to as the
"Premises") for access being substantially as described herein in Exhibit "A" attached hereto and made a part
hereof. As shown in Exhibit "A" access shall be gained using existing roads and driveways unless
unavailable.
In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby
agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the
LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the
Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part
hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost
for such work shall be bome by the LESSEE.
3. TERM. This Agreement shall be for an initial tern of five (5) years, and beginning on the
date the option is exercised by LESSEE at an annual rental of NINE THOUSAND SIX HUNDRED
Dollars ($ 9,600.00) to be paid annually, in advance; to BILMAR. INC., or to such other person, firm or place
as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental
08/19/02
2
payment date. The obligation to pay rent will begin immediately upon the exercise of the option, at which
time rental payments and term will begin.
4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five
(5) year terms unless the LESSEE terminates it at the end of the then current term by giving the LESSOR
written notice of the intent to terminate at least six (6) months prior to the end of the then current term.
5. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension
term shall be increased to : the second (2nd) five (5)
year extension term shall be increased to
the third (3rd) five (5) year extension term shall be increased to
and the fourth (4) five (5) year
extension shall be increased to
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 six (6) 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 six (6) months prior to the end of such term. Annual rental for each such additional five (5) year term
shall be equal to 115% of the annual rental payable with respect to the immediately preceding five (5) year
term.
7. USE GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
purpose of constructing, maintaining and operating a communications facility and uses incidental and all
necessary appurtenances. A security fence consisting of chain link construction or similar but comparable
construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including
the access easement). All improvements shall be at LESSEE's expense and the installation of all
improvements shall be at the discretion and option of the LESSEE. LESSEE shall have the right to replace,
repair, add or otherwise modify its equipment or any portion thereof, whether the equipment is specified or
not on any exhibit attached hereto, during the term of this Agreement. LESSEE will maintain the Premises in
a good condition reasonable wear and tear excepted. LESSOR will maintain the Property, excluding the
Premises, in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's
ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of
the certificates, permits and other approvals 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 by LESSEE. In the event
that any of such applications should be finally rejected or any certificate, permit, license or approval issued to
LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or
soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to use the
Property for its intended purposes or the LESSEE determines that the Premises is no longer technically
compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of the
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 the LESSEE. All rentals paid to
said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become
08/19/02
null and void and all the Parties shall have no further obligations including the payment of money, to each
other.
8. INDEMNIFICATION. 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 use and
occupancy of the Premises or the Property by the Party, its servants or agents, excepting, however, such
claims or damages as may be due to or caused by the acts or omissions of the other Party, or its servants or
agents.
9. INSURAATCE. The Parties hereby waive any and all rights of action for negligence against
the other which may hereafter arise on account of damage to the premises or to 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. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain
comprehensive general liability and property liability insurance with liability limits of 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 destruction to property in any one occurrence. LESSOR agrees that LESSEE may self -insure against any
loss or damage which could be covered by a comprehensive general public liability insurance policy.
10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein,
provided LESSEE is not in default hereunder and shall have paid all rents and sums due and payable to the
LESSOR by LESSEE, LESSEE shall have the right to terminate this Agreement upon the annual anniversary
of this Agreement provided that three (3) months prior notice is given the LESSOR.
H. INTERFERENCE. 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 radio equipment that is of the type and frequency which will not cause measurable interference the
existing equipment of the LESSEE. The Parties acknowledge that there will not be an adequate remedy at
law for noncompliance with the provisions of this paragraph and therefore, LESSEE shall have the right to
specifically enforce the provisions of this paragraph in a court of competent jurisdiction.
12. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement,
shall, within ninety (90) days, remove its building(s), antenna structure(s) (except footings), fixtures and all
personal property and otherwise restore the Premises to its original condition, reasonable wear and tear
excepted. If such time for removal causes LESSEE to remain on the Property after termination of this
Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis
if based upon a longer payment tent, until such time as the removal of the building, antenna structure,
fixtures and all personal property are completed.
13. RIGHT OF FIRST REFUSAL. Lessee has no right of first refusal.
14. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement,
decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and
subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this
Property underlying the right-of-way herein granted shall be under and subject to the right of the LESSEE in
and to such right-of-way.
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0 •
15. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying rent and perforating
the covenants shall peaceably and quietly have, hold and enjoy the Premises.
16. TITLE. LESSOR covenants 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
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 the use of the Premises by
the LESSEE as set forth above.
17. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral
agreements, promises or understandings shall be binding upon either the 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 and signed by the Parties. In the event any provision of the Agreement
is found to be invalid or unenforceable, such finding shall not effect 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, either in law or in equity.
18. GOVERNINGLAW. 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.
19. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE. without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal; 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; or to any entity which acquires or receives an
interest in the majority of communication towers of the LESSEE in the market defined by the Federal
Communications Commission in which the Property is located. As to other parties, this Agreement may
not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will
not be unreasonably withheld or delayed. LESSEE may sublet tower space within 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. LESSEE may not sublease ground space within the
Premises.
20. 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: BILMAR, INC.,
C/o William L. Davis
5460 N, Eagle Road
Boise, Idaho 83713
08/19/02
0
0
LESSEE: Boise City MSA Limited Partnership d/b/a Verizon Wireless
Atm.: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted
above.
21. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives,
successors and assigns of the Parties hereto.
22. SUBORDINATION AND NON -DISTURBANCE. At LESSOR's option, this
Agreement shall be subordinate to any mortgage or other security interest or other security interest by
LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided,
however, every such mortgage or other security interest or other security interest shall recognize the validity
of this Agreement in the event of a foreclosure of LESSOR's interest and also 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.
LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination
clause. In' the event the Property is encumbered by a mortgage or other security interest or other security
interest, the LESSOR immediately after this Agreement is executed, will obtain and furnish to LESSEE, a
non -disturbance agreement for each such mortgage or other security interest or other security interest in
recordable form. In the event the LESSOR defaults in the payment and/or other performance of any
mortgage or other security 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 security interest and the 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.
23. RECORDING. LESSOR agrees to execute a Memorandum of this Lease 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 term or rent payments.
24. DEFAULT. In the event there is a default by the LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, the LESSOR shall give
LESSEE written notice of such default. After receipt of such written notice, the LESSEE shall have fifteen
(15) days in which to cure any monetary default and thirty (30) days in which to cure any non -monetary
default, provided the 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 the LESSEE
commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the
cure to completion. The LESSOR may not maintain any action or effect any remedies for default against the
LESSEE unless and until the LESSEE has failed to cure the same within the time periods provided in this
Paragraph.
25. ENVIRONMENTAL.
08/19/02
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 activities of the LESSEE.
b. LESSOR shall hold LESSEE harmless and indemnify the 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
compliance results from conditions caused by the LESSEE; and b) any environmental or industrial hygiene
conditions arising out of or in any way related to the condition of the Property or activities conducted
thereon, unless such environmental conditions are caused by the LESSEE.
26. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot
reasonably be expected to be repaired within forth -five (45) days following same or, if the Property is
damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's
operations at the Premises for more than forty-five (45) days, then LESSEE may at any time following such
fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to
resume its operation at the Premises, terminate this Lease upon fifteen (15) days written notice to LESSOR.
Any such notice of termination shall cause this Lease 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 Lease and the patties
shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other
under this Lease. Notwithstanding the foregoing, all rental shall abate during the period of such fire or other
casualty.
27. CONDEMNATION. In the event of any condemnation of the Property, LESSEE may
terminate this Lease upon fifteen (15) days written notice to LESSOR if such condemnation may reasonably
be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days. LESSEE may
on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to
the antennas, equipment, its relocation costs and its damages and losses (but not for the Ioss of its leasehold
interest). Any such notice of termination shall cause this Lease 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 Lease and the
parties shall make an appropriate adjustment as of such termination date with respect to payments due to the
other under this Lease.
28. SUBMISSION OF LEASE. The submission of this Lease for examination does not
constitute an offer to lease the Premises and this Lease becomes effective only upon the full execution of this
Lease by the Parties. If any provision herein is invalid, it shall be considered deleted from this Lease and
shall not invalidate the remaining provisions of this Lease. Each of the Parties hereto warrants to the other
that the person or persons executing this Lease on behalf of such party has the full right, power and authority
08/19/02
0
•
to enter into and execute this Lease on such Party's behalf and that no consent from any other person or
entity is necessary as a condition precedent to the legal effect of this Lease.
29. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as
permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance
with all applicable, laws, rules and regulations and agrees to reasonably cooperate with the LESSEE
regarding any compliance required by the LESSEE in respect to its use of the Premises.
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. 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.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals
the day and year first above written. )
LESSOR: BILMAR,rINC.,
BY: `D II Ci.(
aviary Floyd, Vice P esi. n,
BY.
William L: Davis, President
LESSEE: Boise City MSA Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC, its general partner
By:
- RobertF'Swaine
West Area VP - Network
04/30(02
LANDLORD NOTARY BLOCK (CORPORATION):
STATE OF '% %s - •'ll
COUNTY OFI, i_"
BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-
named BILMAR INC. an Idaho Corporation, by William L. Davis its President and Mary Floyd its Vice
President who acknowledged that s/he did sign the foregoing instrument and that the same is the free act
and deed of said corporation and her/his free act and deed personally and as such officer.
IN TESTIMONY. WHEREOF, I have hereuntoiset m hand and official seal at
A- 1/1 Ir., this.<.! =day of
y .:.�%;.
? ( 4 } Notary Public
My commission expires+
4/-/-3 r ' .Ij
TENANT NOTARY BLOCK
STATE OF
COUNTY OF
BEFORE ME, a No Public in and for ss "T`
� `S appeared the above-
named Clark Limited Partnership d/b/a Verizon Wir. 1r c r��F- , rea Vice President
-
Network West who acknowledged that s/he did sig that the same is the
free act and deed of said corporation and her/bis free -�'� tch officer.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at
this day of
Notary
My commission expires:
04/30/02
9
0
O •
�aGIN Eggs
HUBBLE ENGINEERING, INC.
v a
s 701 S. Allen St., Suite 102 a Meridian, ID 83642
F,ps . spa
Project No. 02-088
DESCRIPTION FOR
PARENT PROPERTY
BOI-MON000 LEASE SITE
208/322-8992 . Fax 208/378-0329
May 9, 2002
A parcel of land located in the SEI/4 of Section 34, TAN., RAW., B.M., Ada
County, Idaho more particularly described as follows:
Commencing at the BE comer of said Section 34 from which the E1/4 comer of
said Section 34 bears North 00'53'33" East, 2643.43 feet
thence along the East boundary line of said Section 34 North 00'53'33" East,
1249.36 feet;
thence leaving said East boundary line North 89'06'27" West, 48.00 feet to a
point on the centerline of the Creason Lateral, said point also being the REAL POINT
OF BEGINNING;
thence along the centerline of the Creason Lateral the following 25 courses:
North 48'43'08" West, 138.72 feet to the beginning of a curve to the left;
thence along said curve 57.46 feet, said curve having a radius of 305.00 feet, a
central angle 10'4740' and a long chord of 57.38 feet which bears North 54'06'58"
West to the point of tangency;
thence North 59'30'48° West, 41.06 feet to the beginning of a curve to the left:
thence along said curve 167.00 feet, said curve having a radius of 307.00 feet, a
central angle 31'10'00" and a long chord of 164.94 feet which bears North 75'05'48"
West to the point of reverse curve;
thence along said reverse curve 107.40 feet, said curve having a radius of
607.25 feet, a central angle 10'08'00" and a long chord of 107.26 feet which bears
North 85'36'48" West to the point of tangency;
thence North 80'32'48" West, 141.23 feet to the beginning of a curve to the right;
thence along said curve 39.74 feet, said curve having a radius of 66.00 feet, a
central angle 34'30'00" and a long chord of 39.14 feet which bears North 63417'48"
West to the point of tangency;
1
K:lsurjeylCallSiteslCEll-H01 Ulanod(02-OBS)1CocomanLslMcnccoParerrtFmporf�L'es.'CC
thence North 46'02'48" West, 96.38 feet to the beginning of a curve to the left;
thence along said curve 57.08 feet, said curve having a radius of 168.00 feet, a
central angle 19'28'00" and a long chord of 56.81 feet which bears North 55'46'48"
West to the point of tangency;
thence North 65'30'48" West, 115.81 feet to the beginning of a curve to the right;
thence along said curve 29.80 feet, said curve having a radius of 119.00 feet, a
central angle 14'21'00" and a long chord of 29.73 feet which bears North 58'20'18"
West to the point of tangency;
thence North 51'09'48° West, 149.36 feet to the beginning of a curve to the left;
thence along said curve 70.57 feet, said curve having a radius of 257.00 feet, a
central angle 15'44'00" and a long chord of 70.35 feet which bears North 59'01'48"
West to the point of tangency;
thence North 66'5348' West, 146.38 feet to the beginning of a curve to the right;
thence along said curve 34.62 feet, said curve having a radius of 94.00 feet, a
central angle 21'06'00" and a long chord of 34.42 feet which bears North 56'20'48"
West to the point of tangency;
thence North 45'47'48" West, 125.65 feet to the beginning of a curve to the right;
thence along said curve 114.76 feet,
central angle 37'18'00" and a long chord
West to the point of reverse curve;
said curve having a radius of 176.28 feet, a
if 112.74 feet which bears North 27'08'48"
thence along said reverse curve 145.77 feet, said curve having a radius of
180.00 feet, a central angle 46'24'00" and a long chord of 141.82 feet which bears
North 31'41'48" West to the point of tangency;
thence North 54'53'48" West, 98.65 feet to the beginning of a curve to the right;
thence along said curve 31.65 feet,
central angle 11'20'00" and a long chord
West to the point of tangency;
said curve having a radius of 160.00 feet, a
of 31.60 feet which bears North 49'13'48"
thence North 43'33'48" West, 154.36 feet to the beginning of a curve to the left;
thence along said curve 143.46 feet, said curve having a radius of 563.00 feet, a
central angle 14'36'00" and a long chord of 143.07 feet which bears North 50'51'48"
West to the point of tangency; \�
KhSumWicail Sites\Ca14B01-'�loncm(021JC8)�Docam®ntalh1onc�Par9ntF^cer,' jr_�s.,=c I I / �, i1
thence North 58'09'48" West, 138.17 feet to the beginning of a curve to the right;
thence along said curve 28.43 feet, said curve having a radius of 40,00 feet, a
central angle 40'43'00" and a long chord of 27.83 feet which bears North 37'48'18"
West to the point of tangency;
thence North 17'26`48" West, 137.18 feet to a point on the East-West centerline
of said Section 34;
thence leaving the centerline of the Creason Lateral and along said East-West
centerline South 89'15'57" East, 21,05 feet;
thence leaving said East-West centerline South 17'26'48" East, 130.61 feet to
the beginning of a curve to the left;
thence along said curve 14.21 feet, said curve having a radius of 20.00 feet, a
central angle 40'43'00" and a long chord of 13.92 feet which bears South 37048'18"
East to the point of tangency;
thence South 58'09'48" East, 138.17 feet to the beginning of a curve to the right;
thence along said curve 148.56 feet,..said curve having a radius of 583.00 feet, a
central angle 14'36'00" and a long chord of 148.16 feet which bears South 50'51'48"
East to the point of tangency;
thence South 43'3348" East, 154.36 feet to the beginning of a curve to the left;
thence along said curve 27.69 feet, said curve having a radius of 140.00 feet, a
central angle 11'20'00" and a long chord of 27.65 feet which bears South 49°13'48"
East to the point of tangency;
thence South 5405348" East, 98.65 feet to the beginning of a curve tc the right;
thence along said curve 98.89 feet, said curve having a radius of 200.00 feet, a
central angle 28'19'49" and a long chord of 97.89 feet which bears South 40043'53"
East;
thence leaving said curve South 87'56'57" East, 91.04 feet (formerly described
as 91.02 feet);
thence South 00'49'05" West, 102.22 feet;
thence South 89'13'34" East, 1274.91 feet to a point on the West right-of-way
line of North Ten Mile Road;
4C.'`Suraey�Call Sltes\Ce@-SOIaWonocd(02�@B)1C:aeumereislMcnc rarEniFrcrPrt '�s.'_cc !` A /,''
thence along said West right-of-way line South 00'53'33" West, 733.08 feet to
the REAL POINT OF BEGINNING, containing 73.40 acres, more or less.
Prepared by:
NUBBLE ENGINEERING, INC.
s
6
29
SP1,5� 140 �Q
CF
�Ry G.
Gregory G. Carter, P.L.S.
KASuweylCall SlteslCall-80h1floncx(02-0�8)1DnrvmemsllNcrocF�arrto'mcsr���s.:,'cc i
�a�1NEEq� p ENGINEERING, tea,/+
HUB
701 S. Allen St., Suite 102 ■ Meridian, ID 83642 208/322-8992 . Fax 208/378-0329
�R9 . 9VP
Project No. 02-088 May 9, 2002
DESCRIPTION FOR
801-MONOCO LEASE SITE
A parcel of land located in the SEI/4 of Section 34, TAN., RAW., B.M., Ada
County, Idaho more particularly described as follows:
Commencing at the SE comer of said Section 34 from which the E1/4 comer of
said Section 34 bears North 00'53'33" East, 2643.43 feet
thence along the East boundary line of said Section 34 North 00'53'33" East,
1249.36 feet;
thence leaving said East boundary line North 89'06'27" West, 48.00 feet to a
point on the centerline of the Creason Lateral, said point also being the REAL POINT
OF BEGINNING;
thence along the centerline of the Creason Lateral the following 6 courses:
North 48943'08" West, 136.72 feet to the beginning of a curve to the left;
thence along said curve 57.46 feet, said curve having a radius of 305.00 feet, a
central angle 10047'40" and a long chord of 57.38 feet which bears North 54006'58"
West to the point of tangency;
thence North 59430'48" West, 41.06 feet to the beginning of a curve to the left;
thence along said curve 167.00 feet, said curve having a radius of 307.00 feet, a
central angle 31910'00" and a long chord of 164.94 feet which bears North 75'05'48"
West to the point of reverse curve;
. thence along said reverse curve 107.40 feet, said curve having a radius of
607.25 feet, a central angle 10'08'00" and a long chord of 107.26 feet which bears
North 85'3648" West to the point of tangency;
thence North 80'32'48" West, 141.23 feet to the beginning of a curve to the right;
thence along said curve 39.74 feet, said curve having a radius of 66.00 feet, a
central angle 34'30'00" and a long chord of 39.14 feet which bears North 63'17'48"
West;
i l
thence leaving said Creason Lateral centerline North 31'35'58" East, 84.40 feet i!,,✓,
to the REAL POINT OF BEGINNING;
ICSSwmeykGaB siteslcati-Bol-mdnGco(02-088rpommsnWManocleaseCes.�'cc �"='
0
thence North 30412'44" East, 56.00 feet;
thence South 59'47'16" East, 16.00 feet;
thence South 30'12'44" West, 56.00 feet
thence North 59047'16" West, 16.00 feet to the REAL POINT OF BEGINNING,
containing 896 square feet, more or less.
Prepared by:
HUBBLE ENGINEERING. INC.
Isp 9
Gregory G. Carter, P.L.S.
x:LSuroey1Cx11 Slt¢slCxll-201,17onocn(02-0BB)ll7oc,�mente11V7onac!eaeeGes.dcc -
u
Exhibit " E"
0
Ground Lease Between UbiquiTel and Landlord
See attached
UbiquiTel Site Name: North Meridian 27 Verizon Wireless Site Name: BDIMONOCO
RECORDED -REQUEST W
ADA COUNTY RECORDER Q i
J. DAVID NAVARRa
p•;,cr:, Tan! r; FEE DE y
1001 SP 18 Ph 3: 52 1 095862
FIRST AMERICAN
This sheet has been added to document
to accommodate recording information.
FIRST AMERICAN
�t—Vt —Y RECORDED-REOUESi OFF
ADA COUNTY RECORDERIQ _ �y��' '�`
1. C'AYID NF.VARRO FEE U DEF T
fool OC -1 PI912: 25 10 1 10 13 71