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14899 1 RESOLUTION NO. 14,899 2 3 A RESOLUTION TO EXECUTE A LEASE AGREEMENT, AND ANY 4 OTHER RELATED DOCUMENTS, WITH SBA COMMUNICATIONS 5 CORPORATION FOR THE LEASE OF A CELL TOWER ON CITY 6 PROPERTY LOCATED AT 8610 COLONEL GLENN ROAD; AND FOR 7 OTHER PURPOSES. 8 9 WHEREAS,the City of Little Rock,Arkansas,through the years,has entered into various agreements 10 with telecommunications companies for the lease of cell towers on City property;and, 11 WHEREAS, when the lease expires it is necessary to enter into a new lease or to enter into the 12 extension of a lease; and, 13 WHEREAS,the City has such a lease with SBA Communications Corporation. 14 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 15 OF LITTLE ROCK,ARKANSAS: 16 Section 1. The Mayor and City Clerk are authorized to enter into a lease agreement with SBA 17 Communications Corporation for the lease of a cell tower on City property, located at 8610 Colonel Glenn 18 Road, in a form acceptable to the City of Little Rock,Arkansas,as referenced in Exhibit 1 attached hereto. 19 Section 2. An agreement or representations that may be considered a part of this new lease agreement 20 are hereby ratified as if included in the terms and conditions of this agreement, and are therefore approved 21 by this formal action of the Board of Directors. 22 Section 3.Severability.In the event any title,section,paragraph,item;sentence,clause,phrase,or word 23 of this resolution is declared or adjudged to be invalid or unconstitutional,such declaration or adjudication 24 shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the 25 portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. 26 Section 4. Repealer. All resolutions, bylaws, and other matters inconsistent with this resolution are 27 hereby repealed to the extent of such inconsistency. 28 ADOPTED: December 3,2018 29 A .. APPROVE k: 30 �'� / j 31 y ..., �� /4.. 7 a 32 S sa Lan 4 . City Clerk Mark Stodola,Mayor 33 APPR t VE.ofit,TO LEGAL FORM: 34 / a 36 Thomas M. Carpenter,City Attorne [Page 1 of 14] Exhibit 1 PRIOR AGREEMENT. THIS LEASE REPLACES AND SUPERSEDES THAT SITE LEASE AGREEMENT, DATED FEBRUARY 2, 1998, ORIGINALLY BY AND BETWEEN ROSEDALE OPTIMIST CLUB, AN ARKANSAS NON-PROFIT CORPORATION (PREDECESSOR TO LESSOR), AND TELECORP HOLDING CORP., INC., A DELAWARE CORPORATION (PREDECESSOR TO LESSEE), AS EVIDENCED BY THAT AMENDED MEMORANDUM OF LEASE,RECORDED MAY 3, 1999 AS DOCUMENT NO. 99033370,BY THE COUNTY CLERK OF PULASKI COUNTY, ARKANSAS, AS AMENDED AND ASSIGNED FROM TIME TO TIME,WITH RESPECT TO THE SAME PROPERTY DESCRIBED IN THE EXHIBITS ATTACHED HERETO. THE PARTIES ARE HEREBY RELEASED FROM ALL RIGHTS AND OBLIGATIONS UNDER THE PRIOR AGREEMENT ACCRUING AFTER THE COMMENCEMENT DATE AND UPON THE COMMENCEMENT OF THE INITIAL TERM AS DEFINED IN SECTION 2 BELOW. SUCH RELEASE IS NOT INTENDED, HOWEVER, AND DOES NOT RELEASE ANY PARTY FROM ANY CLAIMS, ACTIONS OR LIABILITIES ARISING UNDER OR OUT OF THE PRIOR AGREEMENT BEFORE THE COMMENCEMENT DATE OF THIS REPLACEMENT LEASE. LAND LEASE operate a wireless communications facility, including a THIS LAND LEASE, hereinafter referred to as communications tower, antennas, cables, and related "Lease," is made the last day executed below by and structures and improvements (collectively the between the CITY OF LITTLE ROCK, an Arkansas "Structures"), including the uses as permitted and municipal corporation, having an address of: 500 West described in Section 10 of this Lease and for any other Markham Street, Suite 310, Little Rock, AR 72201 purpose with the Lessor's prior written consent which shall ("Lessor") and SBA PROPERTIES, LLC, a Delaware not be unreasonably withheld, conditioned or delayed. limited liability company, having an office at 8051 2. Term.The initial term of this Lease will be five Congress Avenue, Boca Raton, Florida 33487-1307 (5) years commencing September 24 2018 (the ("Lessee"). "Commencement Date")and shall automatically renew for L Leased Space and Premises. Lessor hereby up to five(5)additional terms of five(5)years each unless leases, to Lessee a portion of the real property located at Lessee notifies Lessor of its intention not to renew prior to 8610 Colonel Glenn Road, Little Rock, AR 72204 commencement of the succeeding renewal term. ("Premises") as more particularly described in Exhibit a Rent. Effective one month following full 'A' attached hereto, consisting of approximately twenty- execution of this Lease,the rent for the initial term will be five hundred (2,500) square feet, together with non- One Thousand Five Hundred and 00/100 Dollars exclusive access and utility easements appurtenant thereto ($1,500.00) per month (the "Rent"), paid in advance, ("Leased Space"). The Leased Space will be utilized to which Lessee will pay to Lessor at the place as Lessor will install, construct, maintain, support, repair, replace and designate to Lessee in writing. If the initial term or any [Page 2 of 14] Exhibit 1 renewal term does not begin on the first day or end on the lines, in connection with its use of the Leased Space last day of a month,the Rent for that partial month will be ("Easement").The term of this Easement will commence prorated by multiplying the monthly Rent by a fraction, upon the Commencement Date and will continue until the the numerator of which is the number of days of the partial last to occur of(i)expiration of the initial term or renewal month included in the initial term or renewal term and the term, or(ii)removal by Lessee of all of its property from denominator of which is the total number of days in the the Leased Space after expiration of the initial term or full calendar month.Commencing on each anniversary of renewal term. the Commencement Date, the then current annual rental Lessee agrees that Lessor may, at Lessor's fee shall increase by three (3%) percent. Each such expense, relocate the above described Easement to anniversary shall commence on the corresponding another comparable location on the Premises provided anniversary of the Commencement Date. that: (a)Lessee receives no less than sixty(60)days prior written notice thereof; (b) Lessee approves the proposed Upon full execution of this Lease, Lessee shall pay to new location of the Easement,which approval will not be Lessor a one- time donation of Twenty-Five Thousand unreasonably withheld or delayed;(c)Lessee's access and and No/100 Dollars($25,000.00)("Donation"). beneficial use and enjoyment of the Leased Space is not interrupted, obstructed or materially affected; and(d)the utility services to the Leased Space are not interrupted. 5 Title and Quiet Possession. Lessor represents and covenants that Lessor owns the Leased Lessee is entitled to withhold payment of Rent and Space in fee simple terms, free and clear of all liens, Donation until such time as Lessee receives a completed encumbrances and restrictions of every kind and nature. W-9 form from Lessor, setting forth the Federal tax Lessor represents and warrants that there are no matters identification number of Lessor or the person or entity to affecting title that would prohibit, restrict or impair the whom the Rent checks are to be made payable as directed leasing of the Leased Space or use or occupancy thereof in writing by Lessor. The parties acknowledge and agree in accordance with the terms and conditions of the Lease. that the foregoing is a reasonable requirement in order to Lessor represents and warrants to Lessee that Lessor has allow Lessee to comply with its legal requirements. the full right to make this Lease and that Lessee will have 4 Easement.Lessor hereby grants to Lessee an quiet and peaceful possession of the Leased Space non- exclusive easement for ingress, egress and utilities throughout the initial term or renewal term. over the Premises adjacent to the Leased Space for 6 Subordination, Non-disturbance and construction, operation and maintenance of the Attornment. Structures on the Leased Space, and for installation, (a) Lessee agrees that this Lease will be construction,operation and maintenance of underground subject and subordinate to any mortgages or deeds of trust and above ground telephone, fiber,telegraph, and power now or hereafter placed upon the Leased Space and to all [Page 3 of 14] Exhibit 1 modifications thereto, and to all present and future advances made with respect to any such mortgage or deed of trust; provided that, the holder of any such instrument agrees in writing that Lessee's possession of the Leased Space will not be disturbed so long as Lessee will continue to [Page 4 of 14] perform its duties and obligations under this Lease and Compliance. During the initial term or renewal term, Lessee's obligation to perform the duties and obligations Lessee will comply with all applicable laws affecting will not be in any way increased or its rights diminished Lessee's use or occupancy of the Leased Space, the by the provisions of this paragraph. Lessee agrees to breach of which might result in a penalty on Lessor or attorn to the mortgagee, trustee, or beneficiary under forfeiture of Lessor's title to the Leased Space. Lessee any such mortgage or deed of trust, and to the purchaser will not commit,or suffer to be committed,any waste on in a sale pursuant to the foreclosure thereof; provided the Leased Space. Lessor agrees to fully cooperate with that,Lessee's possession of the Leased Space will not be Lessee in order to obtain the necessary permits for disturbed so long as Lessee will continue to perform its construction and use of the Leased Space and its duties and obligations under this Lease. Lessee's Structures(including any modification(s)to the tower or obligations hereunder are conditioned upon receipt by Leased Space or the addition(s) of equipment or Lessee, within ten (10) business days after the date of sublessees to the tower or Leased Space), including, but creation of any future mortgages or deeds of trust, of a not limited to, zoning approvals/permits and building Subordination, Non-disturbance and Attornment permits. Lessor agrees not to take any action that may Agreement in form reasonably acceptable to Lessee, adversely affect Lessee's ability to obtain all of the from any holder of a mortgage, deed to secure debt, or necessary permits required for construction of the deed of trust to which this Lease is, or will become, Structures. Lessee will obtain any necessary subordinate. governmental licenses or authorizations required for the (b) Secured Parties. Secured Parties. Lessee construction and use of Lessee's intended Structures on shall not grant a lien on or security interest in Lessee's the Leased Space and will furnish copies of same to interest in the Lease and all assets and personal property Lessor as same are issued. If and to the extent Lessee is of Lessee located on the Leased Space (the "Personal at any time required to landscape or provide screening Property")as collateral security for the repayment of any around the outside of the tower or Leased Space,Lessor indebtedness to the Lenders shall have priority in any hereby grants Lessee an easement ten(10)feet in width security interest, lien, claim or other similar right, around the perimeter of and adjacent to the Leased Space including, without limitation, rights of levy or distraint in order to comply with such landscaping or screening for rent,Lessor may have in or on the Personal Property, requirements. whether arising by agreement or by law, to the liens a Assignment and Subleasing_ Lessee may and/or security interests in favor of any lender, whether sublet all or part of the Leased Space or may assign or currently existing or arising in the future. Nothing transfer this Lease in whole or in part without Lessor's contained herein shall be construed to grant a lien upon consent.Upon such assignment,Lessee shall be relieved or security interest in any of Lessor's assets. of all liabilities and obligations under this Lease.Lessor 7. Governmental Approvals and may not assign the Rent or this Lease or any rights [Page 5 of 14] hereunder, except in connection with conveyance of fee 33487-1307 RE: simple title to the Premises, without the prior written AR05013-A Rosedale consent of Lessee, in Lessee's sole discretion. In the Attn: Site event that Lessee from time to time subleases all or a Administration Phone portion of the Leased Space or as otherwise reasonably #(561)995-7670 required by Lessee for work at the Leased Space,Lessor hereby grants to Lessee a temporary construction The address to which any notice, demand, or other easement over such portion of the Premises as is writing may be delivered to any party as above provided reasonably necessary for such work. Following the may be changed by written notice given by the party as completion of such work, Lessee shall, at Lessee's sole above provided. Simultaneously with any notice of cost and expense, promptly repair any damage to the default given to Lessee under the terms of this Lease, temporary easement area arising from Lessee's use Lessor shall deliver a copy of such notice to Lender at thereof. an address to be provided by Lessee. 9. Notices. All notices, demands, requests, la Lessee Improvements. Lessee has the right, consents, approvals and other instruments required or at its sole expense,to make improvements on the Leased permitted to be given pursuant to this Lease will be in Space as it may deem necessary, including any writing, signed by the notifying party, or officer, agent improvements necessary for the construction and or attorney of the notifying party,and will be deemed to operation of the Structures.Lessee will be responsible for have been effective upon delivery if served personally, the cost of any site preparation work necessary to prepare including but not limited to delivery by messenger, the Leased Space to support the Structures. All Lessee's overnight courier service or by overnight express mail, improvements,including but not limited to,prefabricated or upon posting if sent by registered or certified mail, buildings, generators, fencing, Structures and any other postage prepaid,return receipt requested, and addressed improvements will remain the property of Lessee. The as follows: Structures may be used for the transmission, reception To Lessor: City of Little Rock,Arkansas and relay of communication signals, including, without 500 West Markham, limitation, radio frequency signals. Upon termination of Suite: 310 Little Rock, this Lease, Lessee will, to the extent reasonable, restore AR 72201-1415 the Leased Space to its original condition at the commencement of this Lease, except for ordinary wear To Lessee: SBA Properties, and tear and damages by the elements or damages over LLC 8051 which Lessee had no control. Lessee and Lessor agree Congress Avenue that it will not be reasonable to require Lessee to remove Boca Raton, FL any improvements contemplated hereunder which are [Page 6 of 14] permanent in nature, including but not limited to 13. Taxes. Lessee will pay any personal foundations, footings, concrete, paving, gravel, property taxes assessed on, or any portion of the taxes vegetation and utilities. attributable to the Structures. Lessor will pay when due 11. Insurance. Lessee, at all times during the all real property taxes and all other fees and assessments term(s) of this Lease, will maintain in full force a attributable to the Premises. comprehensive public liability insurance policy covering 14 Maintenance. Lessee will use best efforts to all of its operations, activities, liabilities and obligations maintain the Leased Space in good condition and state of on the Leased Space, having limits not less than One repair. Except insofar as Lessee is made responsible by Million Dollars ($1,000,000). On or before the this Lease,Lessor will maintain the property surrounding Commencement Date, Lessee will give Lessor a the Leased Space in good condition and state of repair. certificate of insurance evidencing that such insurance is in effect. Lessee shall deliver to Lessor a renewal 14 Hold Harmless.Lessor will be held harmless certificate evidencing that such insurance is in effect by Lessee from any liability(including reimbursement of within ten(10)business days of Lessor's request for such reasonable attorneys' fees and all costs) for damages to certificate. The insurance policy shall be issued by an any person or any property in or upon the Leased Space insurance company authorized to do business in the state at Lessee's invitation, or for damages to any person or in which the Leased Space is located and shall provide property resulting from the actions of Lessee(including thirty (30) days prior written notice to the Lessor of any damages caused by or resulting from the existence of the cancellation of such policy.Any insurance required to be Structures)on the Leased Space,unless the damages are provided by Lessee may be provided by a blanket caused by, or are the result of, the misconduct or insurance policy covering the Leased Space and other negligence of Lessor or any of Lessor's agents, servants, properties leased or owned by Lessee provided that such employees, licensees or invitees. Notwithstanding any blanket insurance policy complies with all of the other provisions herein to the contrary, it is understood and requirements with respect to the type and amount of agreed that all property kept, installed, stored or insurance. maintained in or upon the Leased Space by Lessee will 12. Operating Expense. Lessee will pay for all be so installed, kept, stored or maintained at the risk of water, gas, heat, light, power, telephone service, and Lessee. Lessor shall not be responsible for any loss or other public utilities furnished to the Leased Space and damage to equipment owned by Lessee which might used by Lessee throughout the initial term or renewal result from tornadoes, lightning, wind storms, or other term hereof, and all other costs and expenses of every Acts of God and Lessor shall not be responsible for kind whatsoever in connection with the use, operation, damages (including reimbursement of legal fees and and maintenance of the Leased Space and all activities costs),to any person or any property in or upon the Leased conducted thereon. Space arising out of the_misconduct or negligence of [Page 7 of 14] Lessor or any of Lessor's agents, servants, employees, such default, and to the extent Lessee incures any licensees or invitees, except to the extent that Lessor is expenses in connection with such cure(including but not covered by liability insurance for such damages. Nothing in limited to the amount of any real property taxes Lessee this agreement shall be construed as a waiver of Lessor's pays on behalf of Lessor), Lessor agrees to promptly immunity from liability and from suit for damages under reimburse Lessee for such expenses incurred and hereby Arkansas Code § 21-9-301. Except for willful grants Lessee a security interest and lien on the Premises, misconduct, neither Lessor nor Lessee will in any event to secure Lessor's obligation to repay such amounts to be liable in damages for each other's business loss, Lessee.In addition,Lessee may offset the amount of any business interruption or other consequential damages of such expenses incurred against any rent payable whatever kind or nature, regardless of the cause of the hereunder. damages, and each party, and anyone claiming by or (b) Lessor may only terminate this Lease,at through them, expressly waives all claims for the its option, in the event of a material default by Lessee or damages. Lessee's failure to pay Rent when due,which default or 16 Termination Rights. failure is not cured within sixty(60) days after Lessee's (a) Lessee may terminate this Lease, at its receipt of written notice of such default or failure. No option, after giving Lessor not less than thirty(30) days such failure to cure a material default, however, will be prior written notice, if Lessee determines, in its sole deemed to exist if Lessee has commenced to cure such discretion that it will not be viable to use the site for its default within said period and provided that such efforts intended purpose or if Lessee determines, in its sole are prosecuted to completion with reasonable diligence. discretion, that it will be unable to use the site for any Delay in curing a material default will be excused if due reason. Upon termination by Lessee, Lessee will be to causes beyond the reasonable control of Lessee. relieved of all further liability hereunder.Any rental fees 17. Binding on Successors. The covenants and paid prior to the termination date will be retained by conditions contained herein will apply to and bind the Lessor. In the event Lessor fails to perform its heirs, successors, executors, administrators and assigns obligations under this Lease for any reason other than of the parties hereto.Further,this Lease will run with the Lessee's breach, Lessee may pursue all remedies land and all subsequent purchasers will be subject to the available at law and in equity. Lessor hereby terms and conditions specified herein. acknowledges that Lessee will incur significant is Access to Leased Space/Premises. Lessee expenses in reliance on this Lease, and therefore agrees shall have at all times during the initial term or renewal to pay Lessee for all consequential damages which term the right of access to and from the Leased Space Lessee will suffer as a result of Lessor's breach. In the and all utility installations servicing the Leased Space on event Lessor fails to comply with the terms of this Lease, a 24 hours per day/7 days per week basis, on foot or by Lessee may, in its sole and absolute discretion, cure any motor vehicle, including trucks, and for the installation [Page 8 of 14] and maintenance of utility wires, cables, conduits and biphenyl, (v) radioactive material, (vi) designated as a pipes over, under and along the right-of-way extending "hazardous substance" pursuant to Section 311 of the from the nearest accessible public right-of-way. Clean Water Act, 33 U.S.C. '1251 et seq. (33 U.S.C. '1317), (vii) defined as a"hazardous waste"pursuant to 19. Governing Law.The parties intend that this Section 1004 of the. Resource Conservation and Lease and the relationship of the parties will be governed Recovery Act,42 U.S.C.'6901 et seq.(42 U.S.C.'6903), by the laws of the State in which the Leased Space is or(viii)defined as a"hazardous substance" pursuant to located. Section 101 of the Comprehensive Environmental 211 Entire Lease. All of the representations Response, Compensation, and Liability Act. 42 and obligations of the parties are contained herein,and no U.S.C. '9601 et Seq. (42) U.S.C. '9601). The term modification, waiver or amendment of this Lease or of "Environmental Laws"will mean all statutes specifically any of its conditions or provisions will be binding upon a described in the foregoing sentence and all applicable party unless in writing signed by that party or a duly federal, state and local environmental health and safety authorized agent of that party empowered by a written statutes, ordinances, codes, rules, regulations, orders authority signed by that party.The waiver by any party of and decrees regulating, relating to or imposing liability a breach of any provision of this Lease will not operate or or standards concerning or in connection with be construed as a waiver of any subsequent breach of that Hazardous Materials. provision by the same party, or of any other provision or b. Lessor represents and warrants that,to the condition of the Lease. best of Lessor's knowledge,(i)the Leased Space has not 21. (omitted from v.3 as received) been used for the use, manufacturing, storage, 22. (omitted from v.3 as received) discharge, release or disposal of hazardous waste, (ii) 23. Hazardous Waste. neither the Leased Space nor any part thereof is in a. The term "Hazardous Materials" will breach of any Environmental Laws, (iii) there are no mean any substance, material, waste, gas or particulate underground storage tanks located on or under the matter which is regulated by the local governmental Leased Space, and (iv) the Leased Space is free of any authority where the Leased Space is located,the State Hazardous Materials that would trigger response or in which the Leased Space is located, or the United remedial action under any Environmental Laws or any States Government, including, but not limited to, any existing common law theory based on nuisance or strict material or substance which is (i) defined as a liability. "hazardous waste," "hazardous material," "hazardous c. Lessee represents and warrants that,to the substance," "extremely hazardous waste," or restricted best of Lessee's knowledge,(i)the Leased Space has not hazardous waste" under any provision of state or local been used for the use, manufacturing, storage, law, (ii) petroleum, (iii) asbestos, (iv) polychlorinated discharge, release or disposal of hazardous waste, (ii) [Page 9 of 14] neither the Leased Space nor any part thereof is in Laws as a result of a Breach. breach of any Environmental Laws, (iii) there are no d. In addition, Lessee agrees to indemnify, underground storage tanks located on or under the defend and hold harmless Lessor, its directors, officers, Leased Space, and (iv) the Leased Space is free of any partners, employees and successors and assigns from Hazardous Materials that would trigger response or and against any and all debts, liens, claims, causes of remedial action under any Environmental Laws or any action, administrative orders and notices, costs existing common law theory based on nuisance or strict (including,without limitation, response and/or remedial liability. Additionally, the Lessee represents and costs), personal injuries, losses, attorneys' fees, warrants that neither Lessee or any of its officers, damages, liabilities, demands, interest, fines,penalties partners, successors,and assigns(i)will use the Leased and expenses, consultants' fees and expenses, court Space for the use, manufacturing, storage, discharge, costs and all other out-of-pocket expenses, suffered or release or disposal of hazardous waste, (ii) neither the incurred by Lessee and its grantees as a result of(a)any Lessee nor its officers,partners, successors and assigns Breach, or (b) any matter, condition or state of fact will cause the Leased Space nor any part thereof to be involving :Environmental Laws of Hazardous Materials in breach of any Environmental Laws, (iii) cause or which existed on or arose during the initial term or allow the any underground storage tanks.to be located renewal term of this Lease and which failed to comply on or under the Leased Space,and(iv) the Leased Space with(i)the Environmental Laws then in effect or(ii)any is will remain at all times free of any Hazardous existing common law theory based on nuisance or strict Materials that may trigger response or remedial action liability. under any Environmental Laws or any existing common e. Lessor and Lessee represent and warrant law theory based on nuisance or strict liability. If any that neither party has received notice that the property or such representation is in any manner breached during the any part thereof is, and,to the best of its knowledge and initial term or renewal term of this Lease (a "Breach"), belief, no part of the Premises is located within an area and if a Breach gives rise to or results in liability that has been designated by the Federal Emergency (including, but not limited to, a response action, Management Agency, the Army Corps of Engineers or remedial action or removal action) under any any other governmental body as being subject to special Environmental Laws or any existing common law theory hazards. based on nuisance or strict liability, or causes a f. The covenants of this section will survive significant effect on public health, Lessee will promptly and be enforceable and will continue in full force and take any and all remedial and removal action as required effect for the benefit of Lessor and its subsequent by law to clean up the Leased Space, mitigate exposure transferees, successors and assigns and will survive the to liability arising from, and keep the Leased Space free initial term or renewal term of this Lease and any of any lien imposed pursuant to, any Environmental renewal periods thereof. [Page 10 of 14] 2't Mechanic's and Landlord's Liens.Lessee evidence or confirm this Lease or any other agreement will not cause any mechanic's or materialman's lien to be contained herein in the manner contemplated hereby. placed on the Leased Space and Lessee agrees to 30. Right to Register or Record. Lessee may indemnify, defend and hold harmless Lessor from any request that Lessor execute a Memorandum of Land such lien from a party claiming by, through or under Lease or Short Form of Lease (collectively a "Memo") Lessee. Additionally, Lessor disclaims and waives any for recording in the public records. now existing or hereafter arising landlord's lien or other 31. Interpretation. Each party to this Lease statutory or non- statutory lien or security interest in and its counsel have reviewed and had the option to revise Lessee's communication facilities, equipment, this Lease. The normal rule of construction to the effect improvement,fixtures or other property. that any ambiguities are to be resolved against the 2s Headings. The headings of sections and drafting party will not be employed in the interpretation subsections are for convenient reference only and will not of this Lease or of any amendments or exhibits to this be deemed to limit, construe, affect, modify or alter the Lease. meaning of the sections or subsections. 32. Condemnation. Lessor shall fully advise 26. Time of Essence.Time is of the essence of Lessee in a timely manner of all condemnation Lessor's and Lessee's obligations under this Lease. proceedings or prospective condemnation proceedings in 27. Severability. If any section, subsection, order that Lessee may fully protect and prosecute its term or provision of this Lease or the application thereof rights and claims relating to the Leased Space. If the to any party or circumstance will,to any extent,be invalid whole of the Leased Space shall be taken or condemned or unenforceable, the remainder of the section, by, or transferred in lieu of condemnation to, any subsection, term or provision of the Lease or the governmental or quasi-governmental authority or agency application of same to parties or circumstances other than with the power of condemnation during the initial term or those to which it was held invalid or unenforceable, will renewal term of this Lease,Lessee shall be entitled to any not be affected thereby and each remaining section, award based upon its leasehold interest as set forth in this subsection, term or provision of this Lease will be valid Lease,along with the value of all Lessee's improvements, or enforceable to the fullest extent permitted by law. including,but not limited to,the Structures,prefabricated 28 Real Estate Broker.Neither Lessor nor buildings, generators, fencing and any other Lessee has deal with any real estate agent, broker, or improvements and for all of Lessee's other personal finder in connection with this Lease. property, trade fixtures, fixtures, moving expenses, 29 Further Assurances. Each of the parties business damages, business interruption, business agree to do such further acts and things and to execute dislocation, prepaid Rent or other losses or expenses as and deliver the additional agreements and instruments as may be incurred. In the event only a portion of the the other may reasonably require to consummate, Premises,which portion does not include the whole of the [Page 11 of 14] Leased Space, shall be taken or condemned by, or condemning authority for any losses or damages Lessee transferred in lieu of condemnation to any governmental shall incur as a result of a condemnation,or sale in lieu of or quasi-governmental authority or agency with the condemnation, of the wholeor any portion of the power of condemnation during the initial term or renewal Premises term of this Lease,Lessee shall have the option to either: 33. Exclusivity.As part of Lessee's right to the (1)terminate this Lease; or(2)continue in possession of undisturbed use and enjoyment of the Premises, Lessor the property pursuant to the terms of this Lease with a shall not at any time during the term of the Agreement(i) proportionate reduction in Rent equal to that portion, if use or suffer or permit another person to use any portion any, of the Leased Space so taken, condemned or of the Premises or any adjacent parcel of land now or transferred in lieu of condemnation. In either event, hereafter owned, leased or managed by Lessor for any of Lessee shall be entitled to any award based upon its the uses permitted herein or other uses similar thereto, or leasehold interest in the portion of the Premises (ii)grant any interest in or an option to acquire any interest condemned,taken or transferred in lieu of condemnation, in any portion of the Premises that permits (either during along with the value of all Lessee's improvements, the term of the Agreement or after the term hereof)any of including,but not limited to,the Structures,prefabricated the uses permitted under this Agreement or other uses buildings, generators, fencing and any other similar thereto without the prior written consent of Lessee, improvements and for all of Lessee's other personal in Lessee's sole discretion. The phrase "or other uses property, trade fixtures, fixtures, moving expenses, similar thereto" as used herein shall include, without business damages, business interruption, business limitation, the transmission, reception or relay of dislocation, prepaid Rent or other losses or expenses as communications signals and/or data by way of small cells, may be incurred.Nothing contained herein shall prohibit distributed antenna systems,data centers,C-RAN or fiber. Lessee from making its own claims against any [Page 12 of 14] IN WITNESS WHEREOF,the parties hereto have executed this Lease on the last day and year specified below. LESSOR: LESSEE: CITY OF LITTLE ROCK, SBA PROPERTIES,LLC, an Arkansas municipal corporation a Delaware limited liability company • By: _ By: Alyssa Houlihan Name: Title:Vice President of Site Leasing Title: Date: Date: Witness: Witness: Print Name: Print Name: Witness: Witness: Print Name: Print Name: [Page 13 of 14] EXHIBIT A Premises SITUATED.IN THE COUNTY OF PULASKI AND STATE OF ARKANSAS AND DESCRIBED AS FOLLOWS: PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (N/E 1/4,NW '/4 ) OF SECTION 23, TOWNSHIP 1 (ONE) NORTH, RANGE THIRTEEN (13) WEST, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORTHWEST CORNER OF SAID NE 1/4,NW'A OF SECTION 23;SAID POINT BEING SO1°45'15"W 8.86 FEET FROM A IRON PIN IN THE CENTER OF JOHN BARROW ROAD, AND BEING N01°45'l5"E 1333.63 FEET FROM SOUTHWEST CORNER OF SAID NE 1/4, NW 1/4 ; SAID POINT BEING A 1"PIPE;THENCE SOUTH 88°18'23" EAST ALONG THE NORTH LINE OF SAID NE 1/4 ,NW 1/4 A DISTANCE OF 208.27 FEET TO A 5/8" REBAR, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 88°18'23" EAST A DISTANCE OF 750.43 FEET TO 1/2" REBAR WITH CAP STAMPED PLS #1401; THENCE LEAVING SAID NORTH LINE SOUTH 02°03'52" WEST A DISTANCE OF 331.43 FEET TO A 1" REBAR; THENCE NORTH 86°29'08" WEST A DISTANCE OF 10.53 FEET TO A PINCHED PIPE; THENCE SOUTH 02°35'37" WEST A DISTANCE OF 301.68 FEET TO A V2 REBAR; THENCE NORTH 87°03'30" WEST A DISTANCE OF 204.99 FEET TO A 1/2"REBAR WITH CAP STAMPED PLS#1430;THENCE SOUTH 02°11'45" WEST A DISTANCE OF 121.80 FEET TO 1" PIPE; THENCE NORTH 87°00'37" WEST A DISTANCE OF 104.77 FEET TO A 3/4" PIPE; THENCE SOUTH 05°06'34" WEST A DISTANCE OF 267.69 FEET TO THE NORTH RIGHT- OF-WAY OF ASHER AVENUE (ARKANSAS STATE HIGHWAY 5), SAID POINT BEING A 1/2" REBAR WITH CAP STAMPED PLS #1401.; THENCE SOUTH 88°40'22" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 195.08 FEET TO A 1/2" REBAR WITH CAP STAMPED PLS #1401; THENCE LEAVING SAID NORTH RIGHT-OF-WAY NORTH 02°17'27" EAST A DISTANCE OF 293.59 FEET TO A 1/2" REBAR;THENCE NORTH 88°59'27"WEST A DISTANCE OF 204.97 FEET TO A 1/2" REBAR WITH CAP STAMPED PLS #1401; THENCE NORTH 00°56'37" EAST A DISTANCE OF 734.12 FEET TO THE POINT OF BEGINNING; CONTAINING 13.28 ACRES OR 578,324.58 SQUARE-FEET,MORE OR LESS. TAX ID NO. 44-L-148.00-027.01 [Page 14 of 14]