Loading...
HomeMy WebLinkAboutLease Agreement ATCColloPrj_13709669_FEA_2021-09-16 11_47_30.177 (1)1 ‘t/i’ New License This New License Site Schedule (this “New License”) is executed and delivered pursuant to that certain Strategic Collocation Agreement between Licensor and Licensee, each as identified below, with an Effective Date of March 12, 2021. All terms and conditions of the Strategic Collocation Agreement are incorporated herein by reference and made a part hereof for all purposes. The following space shall be licensed on the terms indicated below: 1. Licensee's Name: DISH Wireless L.L.C., a Colorado limited liability company Notice Address: 9601 South Meridian Blvd. Englewood, Colorado 80112 Attn : Tower Lease Team Contact Name: Network Operations Center Contact Number: (866) 624-6874 E-mail: NA 2. Licensor Information: Notice Address: American Towers LLC, a Delaware limited liability company 10 Presidential Way Woburn, MA 01801 Attn : Contracts Manager Contact Name: Contracts Manager Contact Number: (781) 926-4500 Fax Number: (781) 926-4555 Remittance Address: American Tower Corporation 29637 Network Place Chicago, IL 60673-1296 3. Tower Information: Licensor’s Tower Name: Relay Tower Licensor’s Tower Number: 5080 Coordinates: Lat: 27° 19' 28.23" N Lon: 080° 18' 40.48" W Licensee’s Tower Name: MIMIA00246A Licensee’s Tower Number: MIMIA00246A 4. License Commencement Date, License Fee and other Fees: License Commencement Date: the earlier to occur of (i) Licensor’s issuance of a Notice to Proceed; or (ii) the date that is sixty (60) days from the full execution date of this New License. DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 I hereby confirm that I have reviewed and approved all pages. 2 ‘t/i’ Monthly License Fee: • During the Deployment Period (as defined in the Strategic Collocation Agreement) and except as otherwise provided for in this New License, the Monthly License Fee attributable to this New License is included in the Aggregate Monthly Payment as set forth in the Strategic Collocation Agreement. Following the Deployment Period, the Monthly License Fee shall be as determined by completion of the License Fee Reset (as defined in the Strategic Collocation Agreement). Electricity for operation of Approved Equipment is to be provided by (check one): ☐ Licensor, with the cost of such electricity to be paid by Licensee at the initial rate of $______ and 00/100 Dollars ($______.00) per month (“Utility Fee”) subject to adjustment pursuant to Subsection 5(b) of the Terms and Conditions of Each New License; OR ☒ Licensee, at its sole expense. BLM/USFS Fees applicable (check one) ____Yes X No Refer to Section 3(b) of the Strategic Collocation Ag reement for the Term of this New License (including Renewal Terms) and Section 5(b) and (f) of the Strategic Collocation Agreement for the Annual Escalator to the Monthly License Fee. 5. Licensee Approved Equipment Information: Licensee’s Approved Equipment (and its location at the Tower Facility), along with its Permitted Frequencies, are as set forth in Exhibit A, which is incorporated herein by reference and made a part hereof. Site Drawings are to be attached as Exhibit B which is incorporated herein by reference and made a part hereof. 6. Other Provisions: The following provisions are applicable to the Tower Facility: ☐ Structural analysis contingency. ☐ Pre/Post AM Study. ☐ A Capital Contribution Fee in the amount of N/A. ☐ Expanded Initial Equipment Allowance. ☐ Other Monetary Payment in the amount of N/A. ☐ Addition to Payment in the amount of N/A. ☐ Additional Costs in the amount of N/A. ☐ WAIVER OF TEXAS DECEPTIVE TRADE PRACTICES ACT. ☒ Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed fede ral and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ☒ Interference with Licensor's lighting system. ☐ Rider for AirTouch/Sequoia Subleased Sites. ☐ Additional provisions that may be negotiated by the Parties for a site, as necessary: DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 I hereby confirm that I have reviewed and approved all pages. 3 ‘t/i’ 7. Representation & Warranty: Licensor covenants, warrants and represents to Licensee that, as of the New License Effective Date, Licensor, or one of its Affiliates, has a property interest in the applicable Tower Facility (as defined in Appendix I to Appendix B to the SCA) as necessary to grant Licensee the rights set forth in this New License. [SIGNATURES ARE ON THE NEXT PAGE] DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 I hereby confirm that I have reviewed and approved all pages. 4 ‘t/i’ Agreed to and Accepted by: Agreed to and Accepted by: LICENSEE: LICENSOR: DISH Wireless L.L.C., a Colorado limited liability company American Towers LLC, a Delaware limited liability company By: ‘t/b’ _____________________________ By: ‘a/b’____________________________ Name: ‘t/n’ __________________________ Name: ‘a/n’_________________________ Title: ‘t/t’ ____________________________ Title: ‘a/t’ ___________________________ Date: ‘t/d’ ___________________________ Date: ‘a/d’ __________________________ This New License is not effective until completed and executed by both Parties. The New License may be rescinded by either Party prior to such date. DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 SDM Approver I hereby confirm that I have reviewed and approved all pages. Market General Manager Matthew Spiak September 13, 2021 Margaret A Robinson September 15, 2021 .Sr Counsel US Tower. 5 ‘t/i’ _______________________________ EXHIBIT A (to New License Site Schedule) List of Permitted Equipment DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 I hereby confirm that I have reviewed and approved all pages. 9/1/21, 12:50 PM https://oaainternal.americantower.com/OLA/faces/exhibitPage.jspx?applicationId=427123&_afrRedirect=10081949585078092 1/1 Customer Name: DISH WIRELESS L.L.C. ATC Asset Name: Relay Tower ATC Asset #: 5080 Customer Site Name: MIMIA00246A Customer Site #: MIMIA00246A Total Lease Area Sq. Ft: 35.00'Primary Contiguous Lease Area L:5.00'W:7.00'H:Sq. Ft: 35.00 Concrete Pad 5.00' 7.00'N/A 35.00 Outside Primary Lease Area N/A N/A N/A Sq. Ft: N/A Generator: N/A Capacity(KW): N/A Fuel Tank Size(gal): N/A Fuel Type: N/A Fuel Tank Setback(radius): N/A Power Provided By: Utility Company Direct Telco/Interconnect: N/A Type: TX/RX Quantity: 3 TX Power(watts): 40000 ERP(watts): 40000 Type PANEL BOB/SSB RRU/RRH RRU/RRH N/A N/A Manufacturer JMA Wireless Commscope Fujitsu Fujitsu N/A N/A Model #MX08FRO665-21 RDIDC-9181-PF-48 TA08025-B604 TA08025-B605 N/A N/A Dimensions HxWxD 72" x 20" x 8"16" x 14" x 8"15.7" x 15" x 7.9"15.7" x 15" x 9.1"N/A N/A Weight(lbs.)64.5 21.9 63.9 75.0 N/A N/A Location Tower Tower Tower Tower N/A N/A RAD Center AGL 180.0'180.0'180.0'180.0'N/A N/A Equipment Tip Height 183.0'180.7'180.7'180.7'N/A N/A Equipment Base Height 177.0'179.3'179.3'179.3'N/A N/A Mount Type Sector Frame Sector Frame Sector Frame Sector Frame N/A N/A Quantity 3 1 3 3 N/A N/A Azimuths/Dir. of Radiation 0/120/240 0 0/120/240 0/120/240 N/A N/A Quant. Per Azimuth/Sector 1/1/1 1 1/1/1 1/1/1 N/A N/A TX/RX Frequency Units MHz N/A N/A N/A N/A N/A TX Frequency 637-652,722-728,1995- 2020,2180-2200 N/A N/A N/A N/A N/A RX Frequency 683-698,1915-1920 N/A N/A N/A N/A N/A Using Unlicensed Frequencies?No No No No N/A N/A Equipment Gain 13.6/14.8/18.3/18.5/18.8 N/A N/A N/A N/A N/A Total # of Lines 0 1 0 0 N/A N/A Line Quant. Per Azimuth/Sector N/A 1 N/A N/A N/A N/A Line Type N/A Fiber/Hybrid N/A N/A N/A N/A Line Diameter Size N/A 1.75" (44.5mm) Hybrid N/A N/A N/A N/A Line Configuration N/A N/A N/A N/A N/A N/A 13709669 Exhibit A DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 6 ‘t/i’ EXHIBIT B (to New License Site Schedule) Site Drawing DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 I hereby confirm that I have reviewed and approved all pages. X X X XXXXXX X X X X X X X XXCopyright © 2021 ATC IP LLC, All Rights Reserved.ATC ASSET NO.: DRAWN BY: DATE DRAWN: CUSTOMER: SHEET NUMBER:AUDITED BY THESE DRAWINGS AND/OR THE ACCOMPANYING SPECIFICATION AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF LESSOR/SITE OWNER AND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY ARE PREPARED. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM LESSOR/SITE OWNER. TITLE TO THESE PLANS AND/OR SPECIFICATIONS SHALL REMAIN WITH LESSOR/SITE OWNER WITHOUT PREJUDICE AND VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. ALL MEASUREMENTS AND LOCATIONS USED IN THIS SITE DESIGN ARE APPROXIMATE AND LESSOR/SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO UNDERGROUND FEATURES, INCLUDING BUT NOT LIMITED TO UTILITIES, ROCK FORMATIONS, ETC. THIS SITE DESIGN SHALL NOT BE USED FOR CONSTRUCTION PURPOSES AND LESSEE SHOULD CONTACT AND UTILIZE A UTILITY LOCATOR SERVICE PRIOR TO COMMENCING CONSTRUCTION TO AVOID SERVICE DISRUPTION TO OTHER USERS AND INJURY OR DEATH ON LEGEND GROUNDING TEST WELL AV AIR VENT ATS AUTOMATIC TRANSFER SWITCH B BOLLARD C CABINET CS COAX SHROUD CSC CELL SITE CABINET D DISCONNECT E ELECTRICAL F FIBER GEN GENERATOR G GENERATOR RECEPTACLE HH, V HAND HOLE, VAULT HFC HYDROGEN FUEL CELL HSM HYDROGEN STORAGE MATERIAL IB ICE BRIDGE K KENTROX BOX LC LIGHTING CONTROL LPG LIQUID PROPANE GAS M METER MTS MANUAL TRANSFER SWITCH OHW OVERHEAD WIRE P POWER PP POWER POLE T TELCO TRN TRANSFORMER BUFFER (PROPERTY LINE) GROUND SPACE (LEASE AREA) EASEMENT 5080 RELAY TOWER FLORIDA A.CORBIN 08/09/21 DISH WIRELESS ---- ----SITE-1 ATC SITE NUMBER: ATC SITE NAME: SITE PLAN LAYOUT A.T. ENGINEERING SERVICE, PLLC 3500 REGENCY PARKWAY SUITE 100 CARY, NC 27518 PHONE: (919) 466-0112 ATC PROJECT NO.:13709669 5080 GRAPHIC SCALE ( IN FEET ) 1 UNIT = 10 FEET 105010 3'-0"3'-0"PROPOSED 5' X 7' GROUND SPACE DISH WIRELESS DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 DocuSign Envelope ID: 9EA49345-C3C1-4B21-944B-77BC6A18F547 Certificate Of Completion Envelope Id: 9EA49345C3C14B21944B77BC6A18F547 Status: Completed Subject: DISH WIRELESS L.L.C.@Relay Tower5080 / Customer # MIMIA00246A / MIMIA00246A (13709669) Project Number: 13709669 Source Envelope: Document Pages: 9 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 6 ATC Executables AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 116 Huntington Ave # 1100 Boston, MA 02116-5749 atc.executables@americantower.com IP Address: 104.228.236.222 Record Tracking Status: Original 9/3/2021 11:25:44 AM Holder: ATC Executables atc.executables@americantower.com Location: DocuSign Signer Events Signature Timestamp Sidney G. "Jerry" Pollard ATC.Dish.Docusign@americantower.com Security Level: Email, Account Authentication (None), Access Code Signature Adoption: Pre-selected Style Using IP Address: 165.225.10.252 Sent: 9/3/2021 11:28:23 AM Viewed: 9/13/2021 10:49:22 AM Signed: 9/13/2021 4:52:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Matthew Spiak Matthew.spiak@dish.com Market General Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.109.29.217 Signed using mobile Sent: 9/13/2021 8:16:08 PM Viewed: 9/13/2021 9:35:16 PM Signed: 9/13/2021 9:35:40 PM Electronic Record and Signature Disclosure: Accepted: 9/13/2021 9:35:16 PM ID: 2cd2139a-c4be-4b8e-b4d6-f560c387bf23 Paralegal legal.administration@americantower.com Legal Coordinator Security Level: Email, Account Authentication (None) Completed Using IP Address: 165.225.220.120 Sent: 9/13/2021 9:35:41 PM Viewed: 9/15/2021 5:18:21 PM Signed: 9/15/2021 5:18:47 PM Electronic Record and Signature Disclosure: Accepted: 9/15/2021 5:18:21 PM ID: 310215bd-7377-4a0c-94eb-996c0e394b4a Margaret A Robinson margaret.robinson@americantower.com .Sr Counsel US Tower. American Tower Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.205.160.50 Signed using mobile Sent: 9/15/2021 5:18:48 PM Viewed: 9/15/2021 11:51:47 PM Signed: 9/15/2021 11:51:53 PM Electronic Record and Signature Disclosure: Accepted: 10/4/2018 7:28:41 AM ID: d21bbc34-428d-4f71-840d-1b92737a0292 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Gabriela Araque Gabriela.Araque@dish.com Security Level: Email, Account Authentication (None)Using IP Address: 165.225.10.252 Sent: 9/13/2021 4:52:57 PM Viewed: 9/13/2021 8:15:56 PM Completed: 9/13/2021 8:16:08 PM Electronic Record and Signature Disclosure: Accepted: 9/13/2021 8:15:56 PM ID: 7e72e224-ed32-487d-a6ac-ad2f330480f3 Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Gabriela Araque Gabriela.Araque@dish.com Security Level: Email, Account Authentication (None) Sent: 9/15/2021 11:51:55 PM Electronic Record and Signature Disclosure: Accepted: 9/13/2021 8:19:37 PM ID: 9badc1c0-bd9f-4396-9e07-b75fd64e9c73 Dish Lease Admin leaseadmin@dish.com Security Level: Email, Account Authentication (None) Sent: 9/15/2021 11:51:56 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/3/2021 11:28:23 AM Certified Delivered Security Checked 9/15/2021 11:51:47 PM Signing Complete Security Checked 9/15/2021 11:51:53 PM Completed Security Checked 9/15/2021 11:51:56 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, American Towers LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 3/24/2017 2:32:30 PM Parties agreed to: Matthew Spiak, Paralegal, Margaret A Robinson, Gabriela Araque, Gabriela Araque How to contact American Towers LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: Legal.administration@americantower.com To advise American Towers LLC of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Legal.administration@americantower.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from American Towers LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to Legal.administration@americantower.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with American Towers LLC To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Legal.administration@americantower.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify American Towers LLC as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by American Towers LLC during the course of my relationship with you.