MD-3147A Waverly

TELECOMMUNICATIONS

LEASE AGREEMENT

THIS TELECOMMUNICATIONS LEASE AGREEMENT, is made this

day of
_
by and between the BAL TIMORE CITY BOARD OF SCHOOL COMMISSIONERS, hereinafter called
LESSOR OR OWNER, and NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC, INC., a Delaware
corporation, hereinafter called LESSEE OR NEXTEL.
WHEREAS, pursuant to Senate Bill 795 (1997 Regular Session), the New Baltimore City Board of School
Commissioners was created and was vested with jurisdiction and control over property used by the Baltimore
City Public School System formerly held by the City. The Mayor and City Council of Baltimore pursuant to
Senate Bill 795 has transferred its possessory interest in the subject property pursuant to the Memorandum of
Understanding between the New Baltimore City Board of School Commissioners and the Mayor and City
Council of Baltimore dated June 24, 1998, to the aforementioned Board and the aforementioned Board has
agreed to accept these responsibilities.
WHEREAS, in the event that, by operation oflaw, the Baltimore City Board of School
Commissioners ceases to exist at a future time, all possessory interest to the subject property would
automatically revert to the City.
WITNESSETH, that the Lessor, in consideration of the lease fee hereinafter specified to be paid, and the
performance of the covenants hereinafter set forth, hereby grants to the Lessee, an FCC approved operator, a
nonexclusive lease to operate communications equipment on certain property located in Baltimore City, State of
Maryland.
1.
LEASED INSTALLATION:
For and in consideration of the payment of the Rent and performance of the covenants and agreements set forth
herein, upon the part of Lessee to be observed and performed, Lessor leases to Lessee the right to construct,
operate and maintain certain communications equipment (described at Attachment "A" hereto) ("Equipment")
on a portion of the land and tower to be constructed by Lessor on Property and Described on Attachment B
hereto ("Property0), owned by Lessor and operated by Mayor and, City Council of Baltimore. Subject to the
provisions hereinbelow, Owner hereby leases to Nextel and Nextel leases from Owner approximately six
hundred and thirty (630) square feet on the roof of the Building and cable tray, conduit and riser space, and all
other access and utility easements necessary or desirable therefor ( collectively, "Leased Premises") as may be
described generally in Attachment C annexed hereto.
The Equipment shall be installed in the manner and at the location described at Attachment "C" hereto
("Leased Installation").
Lessor also grants to Lessee nonexclusive rights of access over so much of the Property as is specified in
Attachment "C" hereto for the installation and maintenance of wires, cables, conduits and pipes necessary for
the installation, operation and maintenance of the Leased Installation. Attachment A, B, & C areattached hereto
and made a part hereof.
It is expressly agreed by the parties that, except for the Leased Installation, the Lessee does not have
exclusive rights to the Property, and that Lessor may enter additional lease agreements with third parties for the
construction and operation of additional communications facilities on the property and further that Lessor may
itself construct and operate such facilities upon the Property.
)-

Page I of ,)t'6 of a TELECOMMUNICATIONS LEASE AGREEMENT between the BAL TIMORE CITYj
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXT~ICATIONS,
INC. (Lessee],

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a~B,1a~!e City C~

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located a~~~.goafBc

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Upon the full execution of this Lease Agreement, Lessee may have access to the Property to perform
such tests and studies as Lessee may deem necessary to determine the suitability of the Property for Lessee's
intended operations. Lessor shall reasonably cooperate with such tests and studies, provided Lessee does not
interfere with the operation of the Property. If Lessee determines, in its sole discretion, that the Property is not
suitable for Lessee's intended operations { whether for technological, economic or other reasons), then Lessee
may terminate this Lease Agreement, without liability, by written notice delivered to Lessor.

2.

TERM:

The first term {"Initial Term") of this Lease Agreement will be for a period of five {5) years. The Initial
Term shall begin on the date that { the "Commencement Date") which is the last to occur of ( a) the first day of
the calendar month following LESSEE1s receipt of the last of the necessary local, state and federal approvals,
licenses and permits so as to permit construction and/or installation of equipment on and use of the Leased
Property for all purposes permitted by this Agreement {such approvals, licenses and permits hereinafter
collectively called the "Approvals"), or (b) the first day of the calendar month following LESSEE's
commencement of construction pursuant to this Agreement.
LESSEE shall have the duty to notify the LESSOR in writing of the Commencement Date. At that time
the parties shall enter into a Commencement Date Agreement, a copy of which is attached hereto as Attachment
D.
3.

OPTION TO RENEW:

Lessee may renew this Lease Agreement for three (3) additional periods of five (5) years each
Renewal Periods"), upon the same terms and conditions as govern the Initial Term, except as is otherwise set
forth in Section 4 hereof. Options to renew shall be effective provided Lessee is not in default under any of the
terms of the Lease Agreement the date of the commencement of the Renewal Period in question. All renewals
shall be automatic unless Lessee provides written notice to Lessor of its intention not to renew at least ninety
(90) days prior to the end of the Initial Term or the Renewal Period, as applicable.
(11

If at the end of the Initial Term and all of the Renewal Periods provided for herein this Lease Agreement
has not been terminated by either party, this Lease Agreement shall continue in force upon the same terms and
conditions except for a four percent (4%) annual rent increase each year (see Attachment D), for a further
term of one (1) year, and so on from year to year until terminated by either party at the end of any such one (1)
year term) giving to the other written notice of an intention to so terminate at least sixty (60) days prior to the
end of the term, but in no event shall this Agreement 'shall extend longer than~years in total.

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4.

~..,j Y
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RENT:

Lessee covenants to pay the Lessor an annual Rent in the amount of Twenty Three Thousand Nine Hundred and
Eighty-Eight Dollars ($23,988.00) (11Lease Fee") for the first year of the lease.
Rent shall be paid to the Lessor within 15 days of the Commencement Date and on the first day of each month
thereafter. Rent shall increase on each anniversary of the Commencement Date by an amount equal to four
percent (4%) of the Rent in effect for the previous year.
Each payment shall be sent to the office of Lessor designated in Section 29 hereof or at such other place as may
be designated by Lessor from time to time in writing. The Rent shall be paid to Lessor without any prior
demand therefore, and without any deduction or setoff whatsoever. Lessee shall pay Lessor a late payment
charge equal to five percent (5%) of the amount due for any payment, that remains unpaid for more than ten
(I 0) days after receipt by Lessee of notice that such money was not received whe~. it was due and payable.
If this Lease Agreement is terminated prior to its expiration pursuant to Section 2~ hereof, the Lease Fee shall
be prorated to the date of termination,

9Page 2 of..21rofa TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CITY

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXT~ ~~!CATIONS,
INC. (Lessee),
covering a portion of the Premises kn.own as Baltimore City QM'1.toifM1~eh:o~located
at .got Se.nth
1.J'.ii!hland A,.J0fltte, Baltimore, ~

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5.

PERMITTED PURPOSE:

Lessee shall use the Leased Installation solely for the purpose of conducting the business of a
communications facility. Specifically, Lessee may use the Property to install and to operate antennas,
transmission lines, and ancillary equipment for the purpose of operating a communications facility, in
accordance with sound technical practice applicable thereto, and in accordance with all applicable laws,
regulations and orders of Federal, state and local government. Lessee will not use or permit or suffer the use of
the Leased Installation for any other business or purpose. Without limiting the generality of the foregoing, the
Leased Installation shall not be used for any illegal purpose nor in violation of any regulation of any
governmental body, nor in any manner to create any nuisance or trespass.

6.

CONSTRUCTION AND OPERATION:

A.
General
At Lessee's expense and with minimal disruption to Lessor and any other tenants
or lessees of Lessor, Lessee may install, operate and maintain the Leased Installation on the Property. Lessee's
installation, construction and operation of the Leased Installation hereunder shall comply with applicable law
and regulations, including, without limitation, applicable health, safety and environmental requirements and any
applicable Federal Communications Commission ("FCC") regarding tower painting and lighting; FCC tower
registration; FCC RF radiation; FCC technical; and Federal Aviation Administration (''FAA") requirements.
Subject to the provisions of this Lease Agreement, Lessee agrees that all work done by it in connection with this
Lease Agreement shall be done, in a neat and good workmanlike manner, and shall not interfere with the
Lessor's normal operation of the Property.

B.
Construction Plan
At least sixty (60) days prior to initiation of any construction by Lessee
hereunder, Lessee shall submit to Lessor a detailed construction plan {"Construction Plan") for Lessor's prior
written approval. Lessee may not initiate any construction whatever hereunder without securing such prior
written approval by Lessor. The Construction Plan shall include, at a minimum: { a) complete list of all
equipment to be installed on the Property hereunder, including weight, size and installation" location; {b) an
attachment by a professional communications engineer describing Lessee's construction, equipment and
transmission proposal and certifying that such proposed construction and operation will comply with applicable
law, including FCC and FAA rules and regulations; { c) description of procedures to be followed for
coordinating all phases of construction with Lessor { including designation of a Lessee contact person) ; { d)
description of procedures for minimizing disruption caused by construction and operation to Lessor and
Lessor's other lessees, tenants and invitees; {e) dates work is expected to begin and end; {f) names and
addresses of each architect, engineer and designer engaged by Lessee to plan and carry out construction on the
Property; {g) names and addresses of each contractor proposed by Lessee to conduct the work hereunder; {h)
certification by Lessee that all of the requirements set forth in this Lease Agreement will be adhered to by
Lessee and, to the extent applicable, by any contractor or subcontractor who executes the work; and (i) copies of
all other documents and plans reasonably requested by Lessor.
Lessor shall notify Lessee of its written approval or disapproval of the Construction Plan by no more
than thirty (30) days from Lessor's receipt of the Construction Plan. If Lessor fails for any reason to approve
said plans within the 30-day time period, said plans shall be deemed approved. Lessor has the right to withhold
its approval to the Construction Plan if it reasonably believes there is a possibility that the construction and/or
operation proposed by Lessee thereunder would violate the provisions of this Lease Agreement; interfere with
the enjoyment of the Property by Lessor and/or any other lessees, tenants or invitees of the Lessor; create a
hazard to health, safety or the public welfare (as defined by applicable law); violate applicable federal, state or
local law; or conflict with the provisions of paragraph 16. Without limiting the generality of the foregoing,
Lessor may disapprove the Construction Plan if it reasonably believes that operation of the Equipment is likely
to result in prohibited or otherwise harmful interference to the transmission or reception capabilities of Lessor
or of its lessees, invitees, or tenants at the Property as of the date of this Lease Agreement. Once approved, the
Construction Plan will be and is incorporated herein by reference and made a part hereof, and will be subject to
all of the terms and conditions hereof.
C.
Lessee's Performance of Work.
In connection with any and all work to be performed by
Lessee in connection with the Leased Installation, Lessee agrees that: (a) all work will be performed in
Page 3 of J:.8' of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CITY
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXT~ <;~CATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore Citv-C~}.f
ool located at &01 6ttt,l;i_
lli.w1l.a.n.d A..vwue, Baltimore, Mn ? 1 ?'M

accordance with the terms of the Construction Plan as approved by Lessor; (b) the connected electrical load
shall not exceed sixty-eight (68) kilowatts; (c) construction will occur at such times and under such conditions
as will avoid unreasonable disruption to the Property, Lessor or its lessees at the property; (d) all of Lessee's
contractors and subcontractors will adhere to the Lessor's construction and delivery rules which shall be
provided to Lessee when construction plans are approved; (e) Lessee shall promptly repair at its own expense
any injury or damage to the Property caused by Lessee, or any contractor or subcontractor engaged by Lessee,
on the Property; and (f) unless appropriate measures or alterations are taken, Lessee shall not place a load to the

Property which would individually or in combination with the property of the Lessor and its other lessees,
tenants and invitees interfere with load limitations (in the sole but reasonable discretion of Lessor) and/or which
may be allowed by law. Lessor reserves the right to prescribe the weight and position of all "heavy equipment"
during construction, and to prescribe the reinforcing necessary, if any, which in the opinion of Lessor may be
required under the circumstances, and any such reinforcing shall be at Lessee's expense.
D.
Cables.
Lessor also grants to Lessee nonexclusive rights of access over so much of the
Property as is specified in Attachment 11C11 hereto for the installation and maintenance of wires, cables, conduits
and pipes necessary for the installation, operation and maintenance of the Leased Installation, all as set forth at
Attachment 11C11 hereto.It is expressly agreed by the parties that the Lessee does not have exclusive rights to the
Property, and that Lessor may enter additional lease agreements with third parties for the construction and
operation of additional communications facilities upon such area, and further that Lessor may itself construct
and operate such facilities upon the Property.
7.

UTILITIES:

Lessee, at its sole expense, shall arrange for its own separately metered electrical supply from the local
utility company and shall pay for all electrical and other utility charges attributed to Lessee's use. Upgrading of
utilities and installation of new utilities shall be done only with Lessor's prior written consent and at Lessee's
expense. In the event Lessee is unable to obtain separate utility service, Lessee has the right to use an existing,
unused submeter, if available, or to install a separate submeter, at its sole expense, and draw electricity from the
existing utilities on the Property. Lessee may install such additional risers and feeders as may be reasonably
necessary to connect the submeter to the Equipment. Lessee shall pay for the electricity it consumes in its
operations at the rate charged by the servicing utility company.
At Lessee's expense, Lessee may install on the Property a back-up uninterrupted power supply (UPS)
system consisting of batteries, and a generator, and a fuel tank. The UPS system and fuel tank shall be
maintained at Lessee's sole cost and expense. Lessor shall have the right to reasonably designate the location of
such UPS system and fuel tank.
8.

DISTURBANCE/INTERFERENCE:

Lessee shall not commit or suffer to be committed any waste upon the Property or any nuisance or other
act or thing which may disturb the Lessor, any other lessee or tenant of the Lessor or their use and/or occupancy
of the Property, or affect their quiet enjoyment thereof. Without limiting the generality of the foregoing, Lessee
covenants and agrees that the operation of its facilities hereunder will fully comply with applicable FCC
technical requirements and Lessee will not intentionally or knowingly create or cause technical interference to
any radio communication or any electronic or other transmission or reception operations of Lessor or any of
Lessor's tenants, invitees or Lessees existing at the Property prior to the installation of the Equipment. In the
event Lessee's use of the Property shall interfere with or obstruct the full, free and proper operations of Lessor
or other of Lessor's existing tenants, invitees or lessees, Lessee agrees to use its best efforts and cooperate with
Lessor to devise a way in which Lessee can continue its use of the Property without such interference or
obstruction. In the event of an interference which affects City emergency communications systems, Lessor shall
give 24 hours notice to Lessee and Lessee shall cease and desist operations upon receipt of notice of the
problem. Lessee will take all necessary steps to correct and eliminate the interference consistent with
appropriate government rules and regulations. If the interference affects City Emergency Communications
Systems, Lessee shall cease operation of its equipment until such interference is cured, with the exception of
intermittent testing necessary to determine a remedy for the interference.
3
Page 4 of~ of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CITY
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEX~L ~!CATIONS,
INC. (Lessee
covering a portion of the Premises known as Baltimore City C
g~eol
located at~Al i::l1;it1-h
1fi<h.ltmtl i'Y/MHe, Baltimore, ~

Lessor shall require that all future radio operators desiring to use this location will first coordinate with
Lessee to insure that their frequencies and antenna locations will be compatible with Lessee's so as to prevent
harmful interference. However, in the event that, subsequent to the date of this Lease Agreement, Lessor leases
space on the Property or grants a lease to use antennas at the Property to a person or entity other than Lessee
and said tenant or lessee causes technical interference to Lessee's use and operation of its Equipment, or in the
event that Lessor at any time causes technical interference to such use and operation by Lessee, then Lessee
shall give Lessor notice in writing of such interference and an opportunity to cure. Upon receipt of such notice,
Lessor shall immediately endeavor to eliminate the interference and/or cause any other tenant or lessee at the
Property causing the interference to eliminate same. Lessor's failure to comply with this paragraph shall be a
material breach of this Lease Agreement.
9.

ALTERATIONS: RELOCATION: REMOVAL: RESTORATION:

Upon completion of construction under the Construction Plan, Lessee may not make any additional
alteration, installation, improvement, structural change or other modification to the Property, or any part
thereof, without first obtaining Lessor's prior written consent, in every instance ( excluding routine maintenance,
repairs, the like-kind replacement of the Equipment, or any modifications to the interior of the equipment
shelter or items housed therein). Each request for Lessor's consent shall be in writing and shall contain all
pertinent information upon Lessor's prior written consent, which may be withheld at the Lessor's reasonable
discretion, remove and/or replace all or part of the Equipment and substitute other equipment at the Property, all
at Lessee's sole expense, on or before the expiration or earlier termination of this Lease Agreement. Lessee shall
make any necessary repairs to the Property, minimal wear and tear excepted, caused by such removal and/or
replacement.

At the expiration or sooner termination of the Lease Agreement, Lessee shall at its cost and expense
both remove its Equipment from the Property, and restore the area affected by its Equipment to its original
condition, reasonable wear and tear excepted repairing any damage or destruction to the Property caused by
Lessee reasonable wear and tear excepted.

After initial installation of the Equipment and the expiration of the Initial Term, Lessor has the one-time
right to require Lessee to relocate the Equipment on the Property, upon twelve (12) months prior written notice
to Lessee; provided, however, that (i) no relocation shall be required to a location which will not permit the
Equipment to function properly or which would not allow for necessary transmission paths, in Lessee's sole
discretion and (ii) Lessor shall bear the reasonable cost of such relocation.
10.

GRAFFITI:

Lessee shall at all times keep and maintain the Leased Premises and the Lessee' Equipment free of all
graffiti located thereon. Lessor shall notify Lessee in writing if graffiti is located on the Leased Premises or
Lessee's Equipment. Thirty (30) days after notice in writing is received by the Lessee, Lessor shall have the
right to abate any graffiti present at the Leased Premises and Lessee shall reimburse Lessor all costs directly
attributable to abatement of Lessee's Equipment which are incurred by Lessor in connection with such
abatement within thirty (30) days of Lessor's presenting Lessee with a statement of such costs.
11.

MAINTENANCE:

Lessee shall, at its own expense, maintain the Leases Premises, Lessee's Equipment, and other personal
property on the Leased Premises in good working order, condition and repair. Lessee shall keep the Leased
Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a
hazard or undue vibration, heat, noise or interference.

12.

PERMITS:

Page 5 of~ of a TELEC011MUNICATIONS

LEASE AGREEMENT between the BALTIMORE CIT
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEX~\~?CICATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City Gan.~ (fii.~oel
located at.WI geuth
Hi~aud Avenue, Baltimore, MD .rn4

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A.
This Lease is contingent upon Lessee's obtaining all necessary governmental approvals, permits
or licenses that Lessee may deem necessary. Lessee shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or occasioned by Lessee's use of
the Leased Premises.
B.
Lessee shall apply for, at its sole cost and expense, and obtain all federal, state, county and other
permits and governmental authorizations required in order to construct, operate, or otherwise implement its use
of the Leased Premises, including but not limited to, any variance or special exception required under the
Baltimore City Zoning Regulations. Lessee shall provide Lessor with copies of all permits and governmental
authorizations, and no installations or other work will be performed by Lessee until such permits are submitted
to Lessor. Notwithstanding the foregoing, if Lessee is unable to obtain any required permits, approvals or
authorizations as required in this paragraph, the Lessee, shall have the right, without obligation, to terminate this
Lease immediately and render it null and void from the date of termination.
13.

OWNERSHIP OF EQUIPMENT:

(a) The Equipment shall remain the property of Lessee or its contractor and shall not be considered to
be a fixture of the Property.
(b)
Lessor waives any lien rights it may have concerning the Equipment, all of which are deemed
Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without
Lessor's consent.
(c)
Lessor acknowledges that Lessee has entered into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Equipment ("Collateral") with a third party
financing entity (and may in the future enter into additional financing arrangements with other financing
entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any
interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from
execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such
Collateral may be removed at any time without recourse to legal proceedings.
14.

FEASIBILITY & APPROVALS:

Prior to the Commencement Date of this Agreement, Lessee shall have full access to the Leased
Premises with prior notice to Lessor for the purposes of undertaking any necessary tests, studies, and
inspections relating to Lessee's proposed use of the Leased Premises and at such times as Lessor and Lessee
mutually agree. In the event Lessee is unable to utilize the Leased Premises for the purpose stated herein, and
terminates this Agreement pursuant to provisions herein, Lessee agrees that it shall restore the Leased Premises
and such other portions of the Property that have been damaged, modified or altered by or on behalf of Lessee
as nearly as possible to their original condition.
Prior to beginning any operation of the Leased Installation, Lessee shall secure all necessary leases,
permits and other approvals, including but not limited to FCC and zoning and building permits and/or
authorizations, required for Lessee's use of the Property and operation of the Equipment hereunder { all such
approvals hereinafter referred to as "Approvals").
Upon request, Lessor agrees to cooperate with Lessee, in obtaining such Approvals; however, Lessee
shall bear all costs and expenses associated with any such efforts undertaken by either Lessee or Lessor,
including providing reasonable compensation to Lessor for Lessor's time and efforts in providing such
cooperation. It is expressly agreed that Lessor's obligation to provide reasonable cooperation in securing the
Approvals does not include any obligation, as a regulatory authority, to issue any zoning or any other local
Approval. Lessee shall take all necessary steps to maintain all Approvals in full force and effect, including
complying in all material respects with the terms and conditions of the Approvals; complying with applicable
law and regulations governing Lessee's conduct under this Lease Agreement; effectuating proper and timely
filing of all reports and other documents with the relevant governmental authorities pertinent to the Approvals;
and timely seeking all necessary renewals, extensions and/or other re-authorizations of the Approvals. In the
Page 6 of~ of a TELECOJvll\1UNICATIONSLEASE AGREEMENT between the BALTIMORE CITY
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXT~~~~ICATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City Gtnrtof~1
@ s~heert-located at g01 Sottih
~EH3:El
)1:venue, Baltimore, MQ. 21224-

event anysuch application is finally rejected or Lessee, in its reasonable discretion, believes such application
approval will be too costly, time consuming or there is a reasonable likelihood that said application will be
rejected or any certificate, permit, License or approval issued to Lessee is canceled, expires or lapses, or is
otherwise withdrawn or terminated by governmental authority, or soil boring tests or radio frequency tests are
found to be unsatisfactory so that Lessee, in its sole discretion, will be unable to use the Leased Property for its
specified purposes, Lessee shall have the right to terminate this Agreement.
Upon installation of the Equipment, Lessee shall provide Lessor with such evidence as Lessor may
reasonably require of compliance with laws, including (if appropriate), regulations of the FCC and FAA.

15.

USE OF COMMON AREA:

The use and occupation by the Lessee of the Property shall include the use in common with others
entitled thereto of the Property's access areas and areas adjacent to the Leased Installation. All portions of the
common areas which Lessee may be permitted to use and occupy are used and occupied subject to the terms
and conditions of this Lease Agreement and to the rules and regulations for the use thereof as may be prescribed
from time to time by the Lessor.

16.

QUIET ENJOYMENT:

Upon payment by the Lessee of the Lease Fee and additional fees or money as provided for in this Lease
Agreement, and upon the observance and performance of all the covenants, terms and conditions on Lessee's
part to be observed and performed, Lessee shall peaceably and quietly operate the Leased Installation for the
term of this Lease Agreement without hindrance or interruption by Lessor or any other person or persons
lawfully or equitably claiming by, through or under the Lessor, subject, nevertheless, to the terms and
conditions of this Lease Agreement.

17.

LESSEE SHALL DISCHARGE ALL LIENS:

Lessee shall promptly pay all contractors and material men, so as to minimize the possibility of ~n

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attaching to the Property, Equipment or Leased Installation. Should any such lien be made or filed, Lessee shall~
cause the same to be discharged and released of record by bond or otherwise within thirty (30) days after receipt S>
of written request by Lessor.
18.

AESTHETICS:

Lessee shall not place or paint any sign, decoration, lettering or advertising matter on the inside or
outside of any part of the Property or at the Leased Installation except as approved by Lessor. The Leased
Installation shall be painted to conform to the Property; shall otherwise not unnecessarily, in the reasonable
judgment of Lessor, detract from the aesthetic value of the Property; and shall be in full compliance with
applicable zoning requirements.
19.

HAZARDOUS SUBSTANCES:

Lessee shall not cause or permit any Hazardous Substance as herein defined to be used, stored,
generated or disposed of, or brought onto Property or the Leased Installation by Lessee or Lessee's agents,
employees, contractors or invitees. If the Property becomes contaminated in any manner, due to hazardous
substances brought onto Leased Premises by Lessee, Lessee shall indemnify and hold harmless the Lessor from
any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without
limitation, a decrease in value of the Property), damages due to loss or restriction of lease fees or usable space,
or any damage due to having an adverse impact on the marketing of the Property, and any and all sums paid for
settlement of claims, reasonable, attorneys' fees, consultant and expert fees) arising as a result of Lessee's
-'1

Page 7 of 28''of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CITY

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXeWOMMUNICATIONS, INC. (Lessee),
covering a portion of the Premises known as Baltimore City G
~~~
~ 0Ro0l located at RA 1 ~. mfl,
Uiahland Ave1me Baltimore, 1.1D ~

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bringing hazardous substances onto the Leased Premises. LESSEE shall in no event be liable for any person's
lost profits or consequential, special or incidental damages hereunder.
This indemnification includes, without limitation, any and all costs incurred due to any investigation of
the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political
subdivision. Without limitation of the foregoing, if Lessee brings any Hazardous Substance onto the Leased
Premises as herein defined on the Property and which results in contamination, Lessee shall promptly, at its sole
expense, take any and all necessary actions to return the Property to as nearly as possible to the condition
existing prior to the presence of any such Hazardous Substance on the Property. Lessee shall first obtain written
Lessor's approval for any such remedial action. As used herein, "Hazardous Substance" means any substance
which is toxic, ignitable, reactive, or corrosive and which is regulated by Baltimore City, the State of Maryland,
or the United States goveroment. "Hazardous Substance" includes any and all materials or substances which are
defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal
or local governmental law. "Hazardous Substance" includes but is not restricted to asbestos,
polychlorobiphenyls and petroleum.
Lessor shall indemnify and hold harmless Lessee from any and <!TI claims, damages, losses, liabilities,
and expenses, including attorneys' fees, arising from the presence of any hazardous substances being or having
been on or under the Leased Premises at any time prior to the date hereof. During the Term of any renewals of
this Agreement, the parties shall notify each other if either of them become aware of the presence of any
hazardous substance on or under the Parcel in quantities and manner that subject it to regulation.
Pursuant to OSHA Hazard Communication Standard, Title 29 C.F.R.1910.1200, Lessor attaches hereto
all Material Safety Data Sheets (MSDS), for any hazardous substances in any area of the Leased Premises
where employees or contractors of Lessee's will need to work. MSDS will be supplied to Lessee for any other
hazardous substances introduced into such areas during the Term of this Agreement. In the event Lessee
determines the Leased Premises, or the property on which the Leased Premises is located, may have an affect on
the environment under 4 7 C.F.R. 1.1307 or through the presence of any hazardous substances, Lessee reserves
the right to terminate and/or void this agreement without any further liability or penalty.
20.

INDEMNIFICATION AND INSURANCE:

A.
Lessee shall indemnify, defend and hold harmless Lessor, its elected/appointed officials,
employees, and agents ("Indemnities") from and against any and all expenses, liens, claims, demands, suits,
actions and liabilities, including attorneys fees and court costs, ("Indemnified Liabilities") based on or arising,
directly or indirectly, from Lessee's use of the Leased Installation, excepting however, such claims or damages
as may be attributable in whole or in part to the acts or omissions of the Lessor, its agents, servants or
contractors, or any other lessees or tenants.
B.
Lessee, at its sole cost and expense, shall maintain: (commercial general liability insurance
including contractual liability coverage, premises and operations coverage, and property damage coverage, (b)
all-risk property insurance, (c) worker's compensation insurance, (d) employer's liability insurance, and (e)
during any period of construction, including any alterations and restorations, builder's risk insurance written in
the customary form then in effect. The commercial general liability insurance shall be in an amount of no less
than One Million Dollars ($1,000,000.00) combined single limit. The coverage shall be primary and
noncontributory with respect to insurance maintained by Lessor, if any. The all risk property insurance shall be
in an amount not less than that required to replace all improvements and alterations, and all furnishings, fixtures
and equipment placed by Lessee to the Property. The worker's compensation insurance shall carry minimum
limits as required by the laws of the State of Maryland (as the same may be amended from time to time).
C
Lessee also shall maintain excess/umbrella coverage of at least Two Million Dollars
($2,000,000.00).
D.

Lessee shall name Lessor as an additional insured under all said policies as respects to liabilit

.,,
Page 8 of~ of a TELECO:MMJJNICATIONS LEASE AGREEMENT between the BAL TIMORE CITY
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEX~~ICATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore CityC~
~~ool
located at-801 eyth
Hi~
Avenue, Baltimore,~

. .,. ....

---

.~,.--..-.~--"-T"."."T" . ~,.,......,-,

"""......,.,-,. .. ,.

,,..,.-,------,-p-----

arising out of activities to be performed by the Lessee, its agents, representatives and employees in connection
with this Lease Agreement. A certificate of insurance evidencing that such policies have been secured shall be
delivered to Lessor within thirty (30) days :from the execution of this Lease Agreement. All insurance policies
provided for hereunder shall be secured only from an insurance company with a minimum policy holder and
financial rating of "A-11 or better in the then-current fee edition of Best's Insurance Guide.

E.
To the extent reasonably obtainable, the cancellation clause of the certificates of insurance
secured hereunder shall specifically state that in the event of non-renewal of policies, cancellation, or material
change in the coverage provided, thirty (30) days prior written notice will be furnished to Lessor. Lessee shall
deliver the evidence of such insurance required above to Lessor on or before the first day of the Initial Tenn
and annually thereafter. Alternatively, Lessee shall have the option of providing Lessor with evidence of such
coverage electronically by providing to Lessor a Uniform Resource Locator ("URL") Link to access Lessee's
memorandum of insurance ("MOI") website in order for Lessor to review the coverage required by this
Paragraph 20.
F.
If either party hereto is paid any proceeds under any policy of insurance naming such party as an
insured, on account of any loss or damage, then such party hereby releases the other party hereto, to and only to
the extent of the amount of such proceeds, from any and all liability for such loss or damage, notwithstanding
that such loss, damage or liability may arise out of the negligent or intentionally tortious act or omission of the
other party, its agents or employees; provided, that such release shall be effective only as to a loss or damage
occurring while the appropriate policy of insurance of the releasing party provides that such release shall not
impair the effectiveness of such policy or the insured's ability to recover thereunder. Each party hereto shall use
reasonable efforts to have a clause to such effect included in its said policies, and shall promptly notify the other
in writing if such clause cannot be included in any such policy. To the extent that insurance policies containing
Waiver of Subrogation are available, but not secured by either party, Lessor and Lessee hereby indemnify and
hold harmless each other from any subrogated claims made by their respective insurers resulting from their
failure to secure a Waiver of Subrogation.
21.

AUTHORITY:

Lessee represents and warrants that it is duly organized, validly existing and in good standing in the state
of its incorporation. Lessee and Lessor each represent and warrant that they have all right, power and authority
to make this Lease Agreement and bind itself thereto through the party set forth as signatory below.
22.

ACCESS:
The Lessor agrees to permit the Lessee and its contractors reasonable access during normal working
hours defined as Monday through Friday 8 am to 4 pm {unless otherwise consented to by the Lessor) to the
Property to facilitate the installation, operation and maintenance of the Leased Installation and the removal
thereof, but only under Lessor's supervision and subject to reasonable prior notice to the Lessor. In case of
emergencies, which occur after normal business hours, the Lessee shall have access to a list of phone numbers
(attached hereto as Attachment D) in order to gain immediate access to the property. Lessee, or Lessee's
employees, agents, contractors, subcontractors, lenders or invitees, shall make one (1) attempt via telephone,
following such attempt, Lessee shall be entitled to access the Premises.
If access is required after normal operating hours, Lessee shall reimburse Lessor one hundred dollars
($100.00) for building access. If Lessee is an out-of-state Corporation, Lessee shall provide Lessor with the
name and telephone number of its local agent who can be reached on an emergency basis.
Lessee shall have full and free access 24 hours a day, seven days a week to any of its equipment not
located within the building or on top of the building.
Lessor, accompanied by a representative of Lessee, shall be permitted access to the site of the Leased
Installation at all times.
u,

Page 9 of }.ef of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE C

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEX~~CATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City all b~
located at go1 Ssath
RH!1'tl:mtd A,emie, Baltimore, ~

23.

MAINTENANCE:

Lessee shall perform all repairs necessary to keep Equipment and the Leased Installation in safe and
good condition, reasonable wear and tear and damage from the elements excepted, and in full compliance with
all applicable laws and regulations. Lessor must give Lessee written notice specifying any necessary repairs
caused by Lessee's use or equipment. If Lessee fails to make such repairs within a reasonable time after any
damage occurs, Lessor shall have the right to make all necessary and reasonable repairs, and Lessee shall
reimburse Lessor for its expense within fifteen (15) days, of Lessor presenting to Lessee a statement showing
the cost of such repairs. Lessor's repair of the Equipment and Leased Installation shall not relieve Lessee of its
obligations under this Section ~
~

Lessor shall maintain and repair the Property (but only to the extent failure to do so adversely affects the
Leased Installation} so that it is in good and tenantable condition and repair, reasonable wear and tear and
damage from the elements or casualty excepted. No work shall be done in or around the Property by Lessor
which would adversely affect Lessee without prior notification to Lessee.

24.

LESSOR'S OPTION NOT TO REP AIR:

In case of damage by fire or other casualty to any part of the Property, Lessor may, in its sole and absolute
discretion, determine that the damage is so extensive that it may, at its option, choose not to repair or rebuild the
Property. In that event, this Lease Agreement shall be terminated upon thirty (30} days written notice by
Lessee. The Lease Fee shall be paid to or adjusted as of the date of the casualty. Lessee shall thereupon vacate
the Property and surrender the same to Lessor, subject to the provisions of Paragraph 7S hereof. If Lessee
chooses not to terminate this ~greernent, Rent shall be reduced or abated in proportion ~tcythe actual reduction or
abatement of use of the Premises.
/
.

(JJl!"'6

25.

LESSOR1S LIABILITY:

;pv

Lessor shall not be liable for any damage to the property of Lessee or any property/personal injury of
and to Lessee's agents, representatives or employees nor for the loss of any property of Lessee due to theft or
otherwise, nor shall Lessor be liable for any injury or damage to Lessee resulting from fire, explosion, gas,
electricity, lighting, water, rain, snow, dampness or any other cause of whatever nature, unless caused by the
negligence or willful act of Lessor, its agents, employees or representatives.

26.

SUBORDINATION

AND A TTORNMENT:

This Lease Agreement is subject and subordinate to all ground or underlying leases or leases and to all
.mortgages which may now or hereafter affect the Property, and to all renewals, modifications, consolidations,
replacements and extensions thereof. Every such mortgage 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 Leased Property as long as Lessee is not in default of this Agreement. Conditioned upon Lessee's receipt of
a non-disturbance agreement for any such mortgage or security interest, Lessee shall execute whatever
instruments may reasonably be required to evidence this subordination clause. In the event the Premises is
encumbered by a mortgage which predates this LeaseAgreement, Lessor immediately after this Lease
Agreement is executed, will diligently attempt to obtain and furnish to Lessee, a non-disturbance agreement
between Lessor and lender for each such mortgage in recordable form.

27.

ASSIGNMENT AND SUBLEASE:

Page 10 of~ of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CIT

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXlE~OMMUNICATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City CM~~~
geftf)el located at:~1 '""1~
Hi;b.land .l..Ns1n1@, Baltimore, ~

---------------------

.. ---.. ------"-"""'"

Lessee shall not assign, transfer, mortgage or encumber this Lease Agreement, nor sublease the Leased
Installation (or its rights hereunder) , or any part thereof, without the prior written consent of Lessor in its sole
and absolute discretion in each instance except to its parent company, any subsidiary or affiliate of it or its
parent company or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock
or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 13 above.
Any required FCC or other required consent shall be secured prior to any such assignment. The consent by
Lessor to any assignment or sublicensing shall not constitute a waiver of the necessity for such consent to any
subsequent assignment or sublicensing. If this Lease Agreement is assigned or subleased (as permitted herein
above), assignee or sublessee will be bound to the terms and covenants set herein. Upon assignment, Lessee
shall be relieved of all future performance, liabilities, and obligations under this Lease Agreement, provided that
the assignee assumes all of Lessee's obligations herein. Lessor may assign this Lease Agreement, which
assignment may be evidenced by written notice to Lessee within a reasonable period of time thereafter,
provided that the assignee assumes all of Lessor's obligations herein, including but not limited to, those set
forth in Paragraph 13 above. This Lease Agreement shall run with the Land and shall be binding upon and
inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns.
Notwithstanding anything to the contrary contained in this Lease Agreement, Lessee may assign, mortgage,
pledge, hypothecate or otherwise transfer without notice or consent its interest in this Lease Agreement to any
financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed
money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar
instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar
facilities or in respect of guaranties thereof.
28.

TERMINATION:

This Lease Agreement may be terminated as follows:

A.
Subject to the Provisions of Paragraph 9, by either party, upon default of any term, condition or
covenant, which default is not cured within thirty (30) days (or such longer period as may reasonably be
required to correct such failure or neglect with exercise of due diligence) of the receipt of written notice of
default by the defaulting party, provided that the cure period for any monetary default is fifteen (15) days from
date of receipt of notice. During the continuance of any default after such notice and cure period, the nondefaulting party may terminate this Lease Agreement by giving 3 0 days written notice of termination to the
defaulting party, and the non-defaulting party may exercise any other remedies it may have under this Lease
Agreement or at law;
B.
By either party without further liability, if the Property is condemned under the terms and
conditions described at Section hereof;
'}J-

2f

0A

C.
By Lessee, without further liability, upon thirty (30) day~
written notice, if the Leased
Installation or Equipment are destroyed or damaged and rendered unsuitable for normal use and cannot
reasonably be repaired within sixty (60) days or if Lessee determines that any of the Equipment cannot be used
without receiving unacceptable interference from, other property or equipment adjacent to or in the area of the
Property and the problem cannot reasonably be corrected by Lessee within thirty (30) days.
D.
If, after the commencement of this Agreement, Lessee is unable to provide or continue to
provide service from the Leased Property due to the action of the FCC or by reason of any law, physical
calamity, governmental prohibition or other reasons beyond Lessee's control so that Lessee, in its sole
discretion, will be unable to carry out the purposes of its installation on the subject premises, this Agreement
may be canceled by Lessee upon thirty (30) days written notice.
At the termination of this Lease Agreement, Lessee shall remove the Equipment from the Property as
provided at Paragraphx9 hereof.
,,,,__.

t-5;+ Jj

~~~

-J-3,

'L__

,,-Jf!

Page 11 of~ of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXTE ~ICATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City 6~:tt
.
oo:1--located at S.O 1 euth
Tu.~fttl.6 A'v emse, Baltimore, ~

29.

CONDEMNATION:

If a condemning authority other than Lessor takes all of the Property, or a portion sufficient to render the
Property unsuitable for Lessee's use, this Lease Agreement shall terminate as of the date the title vests in the
condemning authority. Sale of all or part of the Property to a purchaser with the power of eminent domain in the
face of the exercise of such power shall be deemed a taking by condemnation. In such an event, Lessee shall
have no right to receive or share in any condemnation proceeds.
In the event of a partial taking and Lessee elects to continue the Agreement in force, Lessor shall reduce
the rental on the Property by an amount proportionate to the part of the Property taken by eminent domain or
other such legal action.
30.

NOTICES AND OTHER SUBMISSIONS:

Every notice given in connection with this Lease Agreement must be in writing. Delivery of any notice,
or any payment required by the Lease Agreement, shall be given by hand delivery, overnight delivery service,
or certified or registered mail. It shall be deemed to have been given when received by the recipient. Such
notice or payment shall be given to the parties hereto at the following addresses:

(LESSOR)
BALTIMORE CITY BOARD OF SCHOOL COJMMISSIONERS
200 E. NORTH A VENUE
BALTIMORE, MARYLAND 21202
With Copies to:

LEGAL DEPARTMENT
200 E. NORTH A VENUE, ROOM 208
BALTIMORE, MARYLAND 21202
OFFICE OF THE CHIEF OPERATING OFFICER
200 E. NORTH A VENUE, ROOM 409
BALTIMORE, MARYLAND 21202
MATERIALS MANAGEMENT AND LOGISTICS
200E. NORTH AVENUE, ROOM401
BALTIMORE MARYLAND 21202

And

(LESSEE)

Sprint Nextel
7055 Samuel Morse Drive, Suite 100
Columbia, MD 21046
Attn: Property Management
410-953-78598
Sprint/Nextel Law Department
Mailstop KSOPHTO 101-Z2020
Page 12 of~ of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CITY
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXJELh~CATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City;~~
~eai.located
::i+ ~Al ~hn,th

lhQhlaad l~venue,Baltimore, MD ii.1224

6391 Sprint Parkway

Overland Park, Kansas 66251-2650
Attn: Real Estate Attorney
or such other place as the parties shall designate from time to time in writing.

31.

SURRENDER OF PROPERTY:

Lessee shall, upon termination of the Initial Term or any Renewal Period, or any earlier termination of
this Lease Agreement for any cause, remove the Equipment as provided at Paragraph 9 hereof, surrender all

keys for the Property to Lessor at the place then fixed for the payment of the Lease Fee, inform Lessor of all
combinations on locks, safes, and vaults, if any, on the Property, and quit and surrender to Lessor the Property,
as prescribed in Section 9 hereof.
32.

RULESANDREGULATIONS:

Lessee agrees to comply with all reasonable rules and regulations Lessor may issue applicable to the
Leased Installation and Property. Lessee's failure to comply with the rules and regulations shall constitute a
breach of the terms of this Lease Agreement as if the same were contained herein as covenants. Lessor reserves
the right from time to time to amend or supplement said rules and regulations applicable to the Leased
Installation and Property. Thirty (30) days prior written notice of such additional rules and regulations,
amendments, and supplements, if any, shall be provided to Lessee by Lessor.
33.

HEADINGS:

All headings contained in this Lease Agreement are intended for convenience ofreference only and in
no way define, limit, construe, or describe the scope or content of the sections or articles ofthis Lease
Agreement nor in any way affect this Lease Agreement.
34.

WAIVER:

A waiver by either party of any provision of this Lease Agreement shall not be deemed to be a waiver of
any other provision of this Lease Agreement.
35.

HEIRS AND ASSIGNS:

All rights and liabilities in this Lease Agreement granted to or imposed upon the respective parties shall
extend to and bind their respective successors and assigns. If there is more than one person signing as Lessee, or
more than one Lessee, they shall all be bound jointly and severally by the terms, covenants and agreements of
this Lease Agreement.No rights, however, shall inure to the benefit of any assignee or transferee of Lessee
unless the assignment or transfer to such assignee or transferee has been approved by Lessor in writing, if
applicable, pursuant to Section 27 hereof.
36.

ENTIRE AGREE1\1ENT/AMENDMENT:

Lease Agreement, as it may be supplemented or amended (including by the Construction Plan, as

approved by Lessor, and by any rules and regulations promulgated by Lessor pursuant to Section 32 hereof) ,
contains all of the covenants, promises, agreements, conditions, and understandings between Lessor and Lessee
regarding the Property. This Lease Agreement may not be amended or supplemented in any way except by
written amendment signed by both parties and approved by the Baltimore City Board of School Commissioners.

~~

J-3

Page 13 of$ of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CIT

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NE2'7~ICATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City GaB:te:aoeHocated
at &01 St')trlft
!:ii!H'lltti,tilA o"efltle, Baltimore, :MD .;u.??A

. ,,

-------.-,

37.

---"''"~'~-~~-~~-.--.-----------

PARTIAL INVALIDITY:

If any term, covenant or condition of this Lease Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease Agreement, or the
application of such term, covenant or
condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and each term, covenant or condition of this Lease Agreement shall be valid and enforced to
the fullest extent permitted by law.
38.

DISCLOSURE:

No member, official or employee of the Lessor shall have any personal interest, direct or indirect, in this
Lease Agreement, nor shall any such member, official or employee participate in any decision relating to this
Lease Agreement which affects his or her personal interest or the interest of any corporation, partnership, or
association in which he or she is, directly or indirectly, interested, except such as is specifically permitted by
law.
39.

LESSEE DEFINED. USE OF PRONOUN:

"Lessee" in this Lease Agreement means each and every person or party mentioned as a Lessee. If there
is more than one Lessee, any notice required or permitted by the terms of this Lease Agreement may be given
by or to anyone thereof. The use of the neuter singular pronoun to refer to Lessor and Lessee shall be deemed a
proper reference even though Lessor and Lessee may be an individual, a partnership, a corporation, or a group
of two or more individuals, or entities. The necessary grammatical changes required to make the provisions of
this Lease Agreement apply in the plural sense where there is more than one Lessor and Lessee and to either
corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as
though in each case fully expressed.
40.

APPLICABLE LAW:

The parties agree that the law of the State of Maryland, without giving effect to the law governing
conflicts of laws, shall be applied in the interpretation of this Lease Agreement and the rights of the parties
hereunder.

41.

CONSENT:

No consent or approval required to be obtained or given under this Lease Agreement shall be
unreasonably withheld, conditioned, or delayed.
42.

MEMORANDUM:

Lessee may record a memorandum of this Lease Agreement at Lessee's expense in the form annexed
hereto as Attachment D and acknowledges that such Memorandum of Agreement will be recorded by Lessee in
the official records of the County where the Property is located.
43.

COUNTERPARTS:

This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original and all of which, taken together, shall constitute one and the same instrument.

,, ~

Page 14 of~ ofa TELECOMMUN1CATIONS LEASE AGREEMENT between the BALTIMORE

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXTE_L~~CATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City G~~
Q.Uocatedat-201 ~eatb.
-Hii:rtdand Aoemie, Baltimore, MD .2.J.224

44.

INTERPRETATION:

The Agreement shall not be construed or interpreted for or against any party hereto because the party
drafted or caused that party's legal representative to draft any of its provisions.

i
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~3
Page 15 o~ofa
TELECOM1\1UNICATIONSLEASE AGREEMENT between the BALTIMORE CITY
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEX~L~ICATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City 6tcitt~~~;acmi
located at BOl ~01:l't:h
I:ligb)and 4.veffile, Baltimore, 1.ffi 2122.4

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first
above written.

ATTEST:

BAL TIM ORE CITY BOARD OF SCHOOL COMMISSIONERS

[!tJ~

ekJJ~C~~
Charlene Cooper Boston, PHD
Interim CEO

ATTEST:

Nextel Communications of the Mid-Atlantic, Inc., a Delaware

corporation

--:;:=.::,
-=------

,,
L

THOMAS KINCAID

MANAGER
SITE DEVELOPMENT

AFFIDAVITS
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
THIS

l1fh_ DAY OF

PV'

2006

A h~
J/rn~k IT~ ))1//Jn

Cf'-

Nov t'.H1 p

~v-~--~-

~.

a ,~

APPROVED BY BOARD OF SCHOOL COMMISSIONERS

THIS

/..2

DAYOF

_fuo./m~

2006

""

Page 16 of~ of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE ClTY

BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEX?L ~~!CATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City G&!'Pif fi
etrrlocated at ~A1 fZ:n11+h
~e,
Baltimore, MD 2-H:2'4-

SPRINT/NEXTEL NOTARY BLOCK:

STATEOF r\::iLw
COUNTY OF

'S""cn...Sc:-Y

~C:::C'~ c-r,.)

3 \\-~

The foregoing instrument was (choose one) Oattested o:i;~cknowledged before me this
day of
f\Jo\f1\1'1-)b <',,. ff~
, 200 ~ by (choose one) 0
as an individual, 0
0 '\='""'1->r. f1 1 p
Tr,."'~""\ '([,, NC.!'>! 11:::i
, as
G. DE'/d..o(.?,.,..., .. ,w' 0"\\.,S,L of t\y..)(~l.
C'"'.-.-,r,-.,.,n~Caj)(Ji'-}.!" , a J4},l14f\i1c',TnL
C,\c..\ C:-,\rf s b(;.
corporation, on behalf of the corporation, or O.~-----------~
partneror agent on behalf of
a
partnership.

s,:r

(AFFIX NOTARIAL SEAL)

~~w::fw.~

(OFFICIAL NOTARY SIGFlATUR:E

NOTARY PUBLIC STATE OF f\)r'\..,J

Sc'l}, c"-1

SAMUEL W. TRIPSAS
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Oct 25, 2009
Mycommission expires: \-O -LS, - o

'l

(PRINTED, TI'PED OR STAMPED NAME OF NOT ARY)

-- $<-3
Page 28 oT 28 of a TELECOMMUNICATIONS LEASE AGREEMENT between the
SALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXTEL
CO~~ONS,
INC. (Lessee), covering a portion of the Premises known as Baltimore
City Ganto't1!6BehooHocated at 801 Sooth Highlflfid A.venue, Baltimore, l\.,ffi 91 n..t..

ATTACHMENT A
DESCRIPTION OF THE EQUIPMENT

___

To the Lease Agreement dated

, 200.: by and between Baltimore City

Board of School Commissioners, as Lessor and Nextel Communications of the Mid-Atlantic, Inc.
The Equipment is described as follows:
Equipment List
1

DC power plant (-48 volts DC with batteries

ISC III Control Pack

RF Racks with 18 Transceivers

12

Antennas

15

1 5/8" coaxial cables

TTAS

l
!

b.

GPS antennas

12 x 20 equipment shelter

(6' x 10') generator pad

!1'-,,:_ ?--3
Page..Y1'of ~ of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE C
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEXTt C~CATIONS,
INC. (Lessee),
covering a portion of the Premises known as Baltimore City Gan f'tJ~e}-located
at.SAl ~.1utt,
Hi!:!hlarui A1,1:@llue, Baltimore, MD ? 1 ??,4.

-~-----~~---M

. , _, .. ,.,,,"""'"'-~""""''>--~---

-------

-~ ,-"'" ----------

ATTACHMENT B
DESCRIPTION OF THE LAND
___ To the Lease Agreement dated
, 200_, by and between Baltimore City
Board of School Commissioners, as Lessor and Nextel Communications of the Mid-Atlantic, Inc.
The Land is described and/or depicted as follows (metes and bounds)

3220 The Alameda, Baltimore, JvID

Lot 5, Block 4139B, Section 17, Map 9

L.:ib ;.3
Pag~of ~of a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTIMORE CIT
BO~
OF S~HOOL CO~SSIONERS (Les~or) and.NEX~~~~CATIONS,
INC. (Lessee),
covenng a portion of the Prennses known as Baltimore City Ga~'i~ol
located ae RAt F:lt'IH#i
HiehJ.ana..Avet1ue,Baltimore, ~

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ROOFTOP BALLAST
FRAME (TYP OF 3)

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qCHOOL
ROOF TOP

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PROPOSED POWER &
TELCO RUN THROUGH
FLOOR/UTILllY
CLOSETS TO ROOFTOP
(TO BE VERIFlED)

ROOF TOP[

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MAIN ELECTRICAL
ROOM IN
BASEMENT

dcHOOL
ROOF TOP

LOCATION OF
SHELTER
DEPENDENT ON
STRUCTURAL
ANALYSIS

PROPOSED 6'x10'
GCNCRATORPAD~

PROPOSED
11.5'X20'
NEXTEL
SHELTER

PROPOSED
GENERATOR
RECEPTACLE

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EXISTING
BUILDING

Al= 270"
ANTENNA CABLES TO
RUN ALONG ROOFTOP
TO EACH SECTOR (TYP.)

EXISTING BUILDING
TOWER

@ROOFTOP
PLAN
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SCALE: N.T.s.

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7-055 ~UEL MORSE DRIVE, SUllE 100

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NEXTEL
COMMUNICATIONS OF
THE MID-ATLANTIC, JNC.
COl..WSU-.,

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TEC WO: 3955.MD3147A

UO 21046

.PHO~E; (&iO) 9:Sl-7-400

ISSUED BY: JCG I DATE:

WAVERLY MD-3147A
3220 THE ALAMEDA
BALTIMORE. MD 21218
BALTIMORE COUNTY

12/7 /05 I SHEET: LE-1

REV: 3

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EXISTING
BUILDING TOWER

7' HIGH
PARAPET WALL
(VARYS AROUND ROOF)
PROPOSED
NEXTEL PANEL
ANTENNA
(1YP OF 12)

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PROPOSED
GENERATOR
RECEPTACLE

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SCALE:N.T.s.

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NEXTEL

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WAVERLY MD-3147A
3220 THE ALAMEDA
BALTIMORE, MD 21218
BALTIMORE COUN1Y

COMMUNICATIONS OF
THE MID-ATLANTIC. INC.

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1.2:llD

7055 SAl.lUU WORSt gltN[. SUITE 100

71U-1630
~1!144

C0t.UMB14. MO '21046
ptl",Ot;E: (410) 153-4700

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TEC WO: 3955.MD3147A

ISSUED BY: JCG!DATE:

12/7/05ISHEET:

REV: 3

LE-2

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EXHIBITD
COMMENCEMENT DATE AGREEMENT
This Commencement Date Agreement (the "Agreement") is made and entered into this __
day of
_______
, 20__, by and between the BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS,
(Lessor) and NEXTEL COM1vfUNICATIONSOF THE MID-ATLANTIC, INC (Lessee).
WHEREAS, Lessor and Lessee entered into a Lease Agreement ("Lease") dated
, pursuant to
which Lessor demised and leased to Lessee, and the latter rented from the former a portion of certain premises
identified as the MD-3147A WAVERLY site, as more particularly described in Exhibit "B" of the Lease attached
thereto;
WHEREAS, the exact commencement and termination date of the Lease term was not expressly ascertainable.
WHEREAS, the parties are now able to determine a lease commencement date because Lessee began construction at
the premises on
, 20_, and a building permit was issued to Lessee on
---------
20_.
NOW, THEREFORE, THIS AGREEMENT WlTNESSETH, that pursuant to the provision of the Lease relating to
the commencement and termination of the Lease term, Lessor and Lessee, for themselves, their successors and
assigns, intending to be legally bound hereby agree and stipulate as follows:
I. The Lease term commenced on the __ day of
20_, and the Lease term will
terminate (unless sooner terminated or extended as provided in said Lease) on the __ day of
______
,20_
IL This Agreement is solely intended to constitute a confirmation by the parties hereto of the
commencement and termination dates of the lease term as provided in the Lease, and is not intended to
amend or otherwise modify the Lease except as herein expressly set forth. The parties hereto acknowledge
that the Lease is in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement for the purposes set forth above.
WITNESS:

REPRESENTATIVE FOR LESSOR:

BY:
WITNESS:

(SEAL)

REPRESENTATIVE FOR LESSEE:

BY:

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

This __
day of
, 20_

OFFICE OF LEGAL COUNSEL

(57)/'
~7'.~03k

__________

_________

(SEAL)

ATTACHMENTD
___
To the Lease Agreement dated
200 _, by and between Baltimore City
Board of School Commissioners, as Lessor and Nextel Communications of the Mid-Atlantic, Inc.
Annual Rent with 4% Increases
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year

One
Two
Three
Four
Five
Six
Seven
Eight
Nine
Ten

$23,988.00
$24,947.52
$25,945.42
$26,983.24
$28,062.57
$29,185.07
$30,352.47
$31,566.57
$32,829.23
$34,142.40

YearEleven
$35,508.10
Year Twelve $36,928.22
Year Thirteen $3 8,405 .56
Year Fourteen $39,941.78
Year Fifteen $41,539.45
Year Sixteen $43,201.03
Year Seventeen $44,929.07
Year Eighteen $46, 726.24
Year Nineteen $48,595.29
YearTwenty
$50,539.10

;;!..::] v ;;z 3
Pag~ o~of
a TELECOMMUNICATIONS LEASE AGREEMENT between the BALTII\10RE CITY
BOARD OF SCHOOL COMMISSIONERS (Lessor) and NEX~~~OMMUNICATIONS, INC. (Lessee),
covering a portion of the Premises known as Baltimore City Gar'Zn~iddte'Sehool located at 801 Se.nthHiw;i.la,ee Avenue, Baltimore, Mi::> ? 1 ??-4