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27 hereby repealed to the extent of such inconsistency.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
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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]