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DRAFT
LEASE AGREEMENT
This Lease Agreement (the "Agreement") made this day of , 201__,
between Idaho Falls School District No. 91 a/k/a Class A School District No. 91, with its principal offices
located at 690 John Adams Parkway, Idaho Falls, Idaho 83401, hereinafter designated LESSOR, and Idaho
Џ Α /ƌğƩƉ \[źƒźƷĻķ tğƩƷƓĻƩƭŷźƦ ķΉĬΉğ ĻƩźǩƚƓ źƩĻƌĻƭƭ ǞźƷŷ źƷƭ ƦƩźƓĭźƦğƌ ƚŅŅźĭĻƭ ğƷ hƓĻ ĻƩźǩƚƓ ğǤͲ ağźƌ
Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter
designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties"
or individually as the "Party."
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties hereto agree as follows:
1.PREMISES. LESSOR hereby leases to LESSEE approximately __________________(___)
ƭƨǒğƩĻ ŅĻĻƷ ƚŅ ƭƦğĭĻ ΛƷŷĻ ͻtƩƚƦĻƩƷǤ {ƦğĭĻͼΜ ƚŅ ƦƩƚƦĻƩƷǤ ƚǒƷƭźķĻ ƷŷĻ ĬǒźƌķźƓŭ ΛƷŷĻ ͻDƩƚǒƓķ {ƦğĭĻͼΜ ğƓķ
ƭƦğĭĻ ƚŅ ƷŷĻ ƩƚƚŅƷƚƦ ΛƷŷĻ ͻwƚƚŅƷƚƦ {ƦğĭĻͼΜ ƚŅ ƷŷĻ ĬǒźƌķźƓŭ ΛƷŷĻ ͻ.ǒźƌķźƓŭͼΜ ƌƚĭğƷĻķ ğƷ ВЎЎ DğƩŅźĻƌķ wƚğķͲ
Idaho Falls, County of Bonneville, State of Idaho, as ƩĻŅĻƩƩĻķ ğƓķ źķĻƓƷźŅźĻķ ƚƓ 9ǣŷźĬźƷ ͻ!ͼ ğƷƷğĭŷĻķ
hereto and incorporated herein by reference (the Building and such real property are hereinafter
ƭƚƒĻƷźƒĻƭ ĭƚƌƌĻĭƷźǝĻƌǤ ƩĻŅĻƩƩĻķ Ʒƚ ğƭ ƷŷĻ ͻtƩƚƦĻƩƷǤͼΜͲ for the installation, operation and maintenance of
communications equipment; together with such additional space on the roof of the Building sufficient
for the installation, operation and maintenance of anƷĻƓƓğƭ ΛƷŷĻ ͻ!ƓƷĻƓƓğ {ƦğĭĻͼΜͳ ƷƚŭĻƷŷĻƩ ǞźƷŷ ƷŷĻ
installation, operation and maintenance of wires, ĭğĬƌĻƭͲ ĭƚƓķǒźƷƭ ğƓķ ƦźƦĻƭ ΛƷŷĻ ͻ/ğĬƌźƓŭ {ƦğĭĻͼΜ
running between and among Rooftop Space and Antenna Space and to all necessary electrical and
telephone utility sources located on the Property; together with the non-exclusive right of ingress and
egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day, over the Property
for the purpose of installation, operation and mainƷĻƓğƓĭĻ ƚŅ \[9{{99ƭ ĭƚƒƒǒƓźcations facility. No
access shall be provided by Lessor to the interior of the building. LESSEE shall comply with all applicable
laws related to ensuring the safety of school children and LESSEE shall ensure that all personnel will
check-in at the front office when making any access to the Premises during normal business hours. The
Ground Space, Rooftop Space, Antenna Space and Cabling Space are hereinafter collectively referred to
ğƭ ƷŷĻ ͻtƩĻƒźƭĻƭͼ ğƓķ ğƩĻ ğƭ ƭŷƚǞƓ ƚƓ 9ǣŷźĬźƷ ͻ!ͼ ğttached hereto and made a part hereof. In the
event there are not sufficient electric and telephone, cable, or fiber utility sources located on the
Property, LESSOR agrees to grant LESSEE or the local utility provider the right to install such utilities on,
over and/or under the Property in a manner necessary for LESSEE to operate its communications facility,
provided the location of such utilities shall be as reasonably approved and designated by LESSOR.
2.CONDITION OF PROPERTY. LESSOR shall deliver the defined leased property ready for
\[9{{99ƭ ĭƚƓƭƷƩǒĭƷźƚƓ ƚŅ źƷƭ źƒƦƩƚǝĻƒĻƓƷƭ ğƓķ ĭƌĻğn and free of debris. The Ground Space utilized by
LESSEE shall not include any fencing or other security. All fencing and security for any and all equipment
installed by LESSEE in such area is the sole responsibility of LESSEE. LESSOR represents and warrants to
LESSEE that as of the Effective Date and continuing throughout the Term (as hereinafter defined) the
leased property is (i) in good condition, and (ii) the Property is in compliance with all Laws (as defined in
Paragraph 23 below), including any applicable building codes, regulations, or ordinances which may exist
with regard to the leased property, or any part thereof. If a breach of the representations and
warranties contained in this Paragraph 2 is discovered at any time during the Term, LESSOR shall,
promptly after receipt of written notice from LESSEE setting forth a description of such non-compliance,
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ƩĻĭƷźŅǤ ƷŷĻ ƭğƒĻ ğƷ \[9{{hwƭ ĻǣƦĻƓƭĻ͵ LƷ źƭ ğŭƩĻĻķ ƷŷğƷ \[9{{99 źƭ ƩĻƭƦƚƓƭźĬƌĻ Ʒƚ ķĻƷĻƩƒźƓĻ ğƓķ ǝĻƩźŅǤ
that the roof and all aspects of the building and utilities are structurally and otherwise sufficient for the
facilities to be installed by LESSEE. LESSOR makes no representation concerning the sufficiency of any
facilities to be utilized by LESSEE.
3.TERM; RENTAL.
This Agreement shall be effective as of the date of execution by both Parties (the
"Effective Date"), provided, however, the initial term shall be for five (5) years and shall commence on
{ĻƦƷĻƒĬĻƩ ЊͲ ЋЉЊЎ ΛƷŷĻ ͻ/ƚƒƒĻƓĭĻƒĻƓƷ 5ğƷĻͼΜ ğƷ Ǟŷźĭh time rental payments shall commence and be
due at a total annual rental of ______________ to be paid in advance annually on the Commencement
Date and on each anniversary of it in advance, to LESSOR or to such other person, firm or place as
LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental
payment date by notice given in accordance with Paragraph 17 below. LESSOR and LESSEE acknowledge
and agree that the initial rental payment shall not actually be sent by LESSEE until thirty (30) days after
the Commencement Date. LESSOR and LESSEE agree that they shall acknowledge in writing the
Commencement Date.
Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such
event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of
LESSEE.
The annual rental for the second (2nd) year of the initial term and for each year thereafter
including any and all extension terms shall be equal to 102% of the annual rental payable with respect to
the immediately preceding year.
4. ELECTRICAL. LESSOR shall not provide electrical and telephone service access within the
Premises to LESSEE. LESSEE has the sole responsibility for the installation and management of all
required utility services. LESSOR agrees to cooperate with LESSEE and local utility companies for the
location and installation of the utilities at the expense of LESSEE, so long as the placement and/or
installation of the utilities is not within the building. LESSEE agrees that all utilities and services utilized
by LESSEE will be paid entirely by LESSEE. LESSEE further agrees that upon the termination of this
Agreement, LESSEE will remove any utility installations requested by LESSEE and restore or repair
\[9{{hwƭ ƦƩƚƦĻƩƷǤ ğƷ ƷŷĻ ƭƚƌĻ ĻǣƦĻƓƭĻ ƚŅ ƷŷĻ \[9{{99͵
LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide
access to and use of, as necessary (during any power interruption at the Premises), a temporary power
source, and all related equipment and appurtenances on the Property in such locations as reasonably
approved by LESSOR, so long as the placement and use of such power source does not infringe on or
disrupt the use of the property by LESSOR. Such determination will be made solely by LESSOR. LESSEE
shall have the right to install conduits connecting the temporary power source and related
appurtenances to the Premises as approved by LESSOR.
5. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional
five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR
written notice of the intent to terminate at least three (3) months prior to the end of the then-current
term. The initial term and all extensions shall be collectively referred to herein as the "Term".
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6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the leased property for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
źƓĭźķĻƓƷğƌ ƷŷĻƩĻƷƚͲ ğƭ ƭĻƷ ƚǒƷ źƓ 9ǣŷźĬźƷ ͻ!ͼ͵ \[9SSEE shall have the right to replace, repair, add or
otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the
frequencies over which the equipment operates, whether the equipment, antennas, conduits or
frequencies are specified or not on any exhibit attached hereto, during the Term. However, any
ƒƚķźŅźĭğƷźƚƓƭ Ʒƚ \[9{{99ƭ ŅğĭźƌźƷźĻƭͲ to the extent such modification alters the use or property set out on
9ǣŷźĬźƷ ͻ!ͼͲ ƩĻƨǒźƩĻķ ǞƩźƷƷĻƓ ğƓķ ƭźŭƓĻķ ğƦƦƩƚǝğƌ ŅƩƚƒ LESSOR, such approval not to be unreasonably
withheld, conditioned, or delayed. All requests for such approval shall include detailed drawings and
specifications for services and consideration by LESSOR before approval. It is understood and agreed
that LESSEE's ability to use the Property is contingent upon its obtaining after the execution date of this
Agreement all of the certificates, permits and other approvals (collectively the "Governmental
Approvals") that may be required by any Federal, State or Local authorities as well as a satisfactory
building structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR
shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the
event that: (i) any of such applications for such Governmental Approvals should finally be rejected; (ii)
any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or
terminated by governmental authority; and (iii) LESSEE determines that such Governmental Approvals
may not be obtained in a timely manner, LESSEE shall have the right to terminate this Agreement.
Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in accordance with the
notice provisions set forth in Paragraph 17 and shall be effective upon the mailing of such notice by
LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall
be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect
except to the extent of the representations, warranties and indemnities made by each Party to the other
hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR.
7. INDEMNIFICATION. Subject to Paragraph 8, below, each Party shall indemnify and hold
the other harmless against any claim of liability or loss from personal injury or property damage
resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its
employees, contractors or agents, except to the extent such claims or damages may be due to or caused
by negligence or willful misconduct of the other Party, or its employees, contractors or agents.
8. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for negligence
against the other which may hereafter arise on account of damage to the Premises or to the Property,
resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with
extended coverage, regardless of whether or not, or in what amounts, such insurance is now or
hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the
Parties and they shall also apply to any claims under or through either Party as a result of any asserted
right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or
the Property shall waive the insurer's right of subrogation against the other Party.
b. LESSOR and LESSEE each agree that at its own cost and expense, each will
maintain commercial general liability insurance with limits not less than $1,000,000.00 for injury to or
death of one or more persons in any one occurrence and $500,000.00 for damage or destruction to
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property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an
additional insured.
9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 21,
neither Party shall be liable to the other, or any of their respective agents, representatives, employees
for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect,
special or consequential damages, loss of data, or interruption or loss of use of service, even if advised
of the possibility of such damages, whether under theory of contract, tort (including negligence), strict
liability or otherwise. This does ƓƚƷ ƌźƒźƷ \[9{{99ƭ ƚĬƌźŭğƷźƚƓ Ʒƚ ĬĻ responsible for any damage caused
ĬǤ \[9{{99 Ʒƚ \[9{{hwƭ ƦƩƚƦĻƩƷǤ ķǒƩźƓŭ ƷŷĻ ƷĻƩƒ ƚŅ Ʒŷe lease nor does this prƚǝźƭźƚƓ ĻƌźƒźƓğƷĻ \[9{{99ƭ
ƚĬƌźŭğƷźƚƓ Ʒƚ ƩĻƭƷƚƩĻ ğƓķ ƩĻƦğźƩ \[9{{hwƭ ƦƩƚƦerty upon the termination of the lease.
10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein,
provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall
have the right to terminate this Agreement upon the annual anniversary of the Commencement Date
ƦƩƚǝźķĻķ ƷŷğƷ ƷŷƩĻĻ ΛЌΜ ƒƚƓƷŷƭ ƦƩior notice is given to LESSOR.
11. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will
not cause harmful interference which is measurable in accordance with then existing industry standards
to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the
date this Agreement is executed by the Parties. In the event any after-installed LESSEE's equipment
cause such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE
will take all commercially reasonable steps necessary to correct and eliminate the interference,
źƓĭƌǒķźƓŭ ĬǒƷ ƓƚƷ ƌźƒźƷĻķ ƷƚͲ ğƷ \[9{{99ƭ ƚƦƷźƚƓͲ ƦƚǞĻƩźƓŭ ķƚǞƓ ƭǒĭŷ ĻƨǒźƦƒĻƓƷ ğƓķ ƌğƷĻƩ ƦƚǞĻƩźƓŭ ǒƦ
such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this
Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the
interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently
have or in the future take possession of the Property will be permitted to install only such equipment
that is of the type and frequency which will not cause harmful interference which is measurable in
accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties
acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of
this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without
limitation, injunctive relief and specific performance.
12. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety
(90) days after any earlier termination of the Agreement, remove its equipment, conduits, fixtures and
all personal property, including any facilities relating to utilities installed by or for LESSEE and restore the
Premises to its original condition, reasonable wear and tear excepted. Fixtures and personal property of
LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same
at any time during the Term, whether or not said items are considered fixtures and attachments to real
property under applicable laws. If such time for removal causes LESSEE to remain on the Premises after
termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing
monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the
building, antenna structure, fixtures and all personal property are completed.
13. RIGHT OF FIRST REFUSAL (COMMUNICATIONS EASEMENT). If LESSOR elects, during the
Term to grant to a third party by easement or other legal instrument an interest in and to that portion of
the Building and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of
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operating and maintaining communications facilities or the management thereof, with or without an
assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any
bona fide offer of transfer on the same terms and conditions of such offer. If LESSEE fails to meet such
bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may grant the
easement or interest in the Property or portion thereof to such third person in accordance with the
terms and conditions of such third party offer.
14. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or
transfer all or any part of the Property or the Building thereon to a purchaser other than LESSEE, or (ii)
to grant to a third party by easement or other legal instrument an interest in and to that portion of the
Building and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating
and maintaining communications facilities or the management thereof, such sale or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser or
transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. In the event
that LESSOR completes any such sale, transfer, or grant described in this paragraph without executing an
assignment of this Agreement whereby the third party agrees in writing to assume all obligations of
LESSOR under this Agreement, then LESSOR shall not be released from its obligations to LESSEE under
this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full
performance of this Agreement.
15. QUIET ENJOYMENT AND REPRESENTATIONS. LESSOR covenants that LESSEE, on paying
the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the
Leased Property. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement,
and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the
Property and has full authority to enter into and execute this Agreement. LESSOR further covenants
during the Term that there are no liens, judgments or impediments of title on the Property, or affecting
LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or
adversely affect the use or occupancy of the Premises by LESSEE as set forth above.
16. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE
without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by
the Federal Communications Commission in which the Property is located by reason of a merger,
acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned
or transferred without the written consent of the LESSOR, which such consent will not be unreasonably
withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of
LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment
hereunder.
17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular
business is delivery service and provide further that it guarantees delivery to the addressee by the end
of the next business day following the courier's receipt from the sender, addressed as follows (or any
other address that the Party to be notified may have designated to the sender by like notice):
LESSOR: Idaho Falls School District No. 91
690 John Adams Parkway
Idaho Falls, Idaho 83401
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\[9{{99ʹ Lķğŷƚ Џ Α /ƌğƩƉ \[źƒźƷĻķ tğƩƷƓĻƩƭŷźƦ
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the
foregoing.
18. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which
LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of
Lease is for recording purposes only and bears no reference to commencement of either the Term or
rent payments.
19. DEFAULT. In the event there is a breach by a Party with respect to any of the provisions
of this Agreement or its obligations under it, the non-breaching Party shall give the breaching Party
written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty
(30) days in which to cure any breach, provided the breaching Party shall have such extended period as
may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty
(30) day period and thereafter continuously and diligently pursues the cure to completion. The non-
breaching Party may not maintain any action or effect any remedies for default against the breaching
Party unless and until the breaching Party has failed to cure the breach within the time periods provided
in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this
Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform
an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes
ǞźƷŷ \[9{{99ƭ ğĬźƌźƷǤ Ʒƚ ĭƚƓķǒĭƷ źƷƭ ĬǒƭźƓĻƭƭ źƓ ƷŷĻ .ǒźƌķźƓŭͳ ƦƩƚǝźķĻķͲ ŷƚǞĻǝĻƩͲ ƷŷğƷ źŅ ƷŷĻ ƓğƷǒƩĻ ƚŅ
\[9{{hwƭ ƚĬƌźŭğƷźƚƓ źƭ ƭǒĭŷ ƷŷğƷ ƒƚƩĻ ƷŷğƓ ŅźǝĻ ΛЎΜ ķğys after such notice is reasonably required for its
performance, then it shall not be a default under this Agreement if performance is commenced within
such five (5) day period and thereafter diligently pursued to completion.
20. REMEDIES. In the event of a default by either Party with respect to a material provision
of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which
the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate
the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under
the Laws or judicial decisions of the state in which the Premises are located. Further, upon a default,
the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting
tğƩƷǤƭ ķǒƷǤ ƚƩ ƚĬƌźŭğƷźƚƓ ƚƓ ƷŷĻ ķĻŅğǒƌƷźƓŭ tğƩƷǤƭ ĬĻhalf, including but not limited to the obtaining of
reasonably required insurance policies. The costs and expenses of any such performance by the non-
defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If LESSEE
undertakes any such performance on LESSOR's behalf and LESSOR does not pay LESSEE the full
undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due,
LESSEE may offset the full undisputed amount due against all fees due and owing to LESSOR under this
Agreement until the full undisputed amount is fully reimbursed to LESSEE. In the event that LESSOR
ǒƓķĻƩƷğƉĻƭ ğƓǤ ƭǒĭŷ ƦĻƩŅƚƩƒğƓĭĻ ƚƓ \[9{{99ƭ ĬĻŷğƌŅ and LESSEE does not pay the undisputed amount
within thirty (30) days of its receipt of an invoice setting forth the amount due, LESSOR can declare
LESSEE in default hereunder and seek reimbursement against LESSEE in any available fashion.
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21. ENVIRONMENTAL.
a. Each Party will be responsible for the compliance of its activities on the Property
with any and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of liability or
standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as
such laws may now or at any time hereafter be in effect.
b. Each Party shall hold the other harmless and indemnify the other from and
assume all duties, responsibility and liability at its sole cost and expense, for all duties, responsibilities,
and liability (including without limitation for payment of penalties, sanctions, forfeitures, losses, costs,
or damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in anǤ ǞğǤ ƩĻƌğƷĻķ Ʒƚʹ ğΜ ƷŷğƷ tğƩƷǤƭ ŅğźƌǒƩĻ Ʒƚ ĭƚƒƦƌǤ
with any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene concerns or
conditions as such laws may now or at any time hereafter be in effect; and b) any environmental
ĭƚƓķźƷźƚƓƭ ğƩźƭźƓŭ ƚǒƷ ƚŅ ƚƩ źƓ ğƓǤ ǞğǤ ƩĻƌğƷĻķ Ʒƚ ƷŷğƷ tğƩƷǤƭ ğĭƷźǝźƷźĻƭ ĭƚƓķǒĭƷĻķ ƚƓ ƷŷĻ tƩƚƦĻƩƷǤͳ
ƦƩƚǝźķĻķͲ ƷŷğƷ Ļğĭŷ tğƩƷǤƭ ƚĬƌźŭğƷźƚƓƭ ŷĻƩĻǒƓķĻƩ ƭŷğll be limited to the extent such noncompliance or
environmental or industrial hygiene conditions are caused by the other; provided further and
notwithstanding anything to the contrary contained herein, that LESSOR shall be responsible for, and
shall indemnify and hold LESSEE harmless from any and all duties, responsibility and liability for, arising
out of or related to any environmental or industrial hygiene conditions on the Property, activity formerly
conducted on, or hazardous materials or petroleum products stored or used on or about the Property,
except and only to the extent the same were caused by LESSEE. The indemnity provided in this Section
21 shall be the exclusive remedy relating to environmental matters.
22. CASUALTY. In the event of damage by fire or other casualty to the Building or Premises
that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any
time following such fire or other casualty, provided LESSOR has not completed the restoration required
to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15)
days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to
expire with the same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of
such termination date, with respect to payments due to the other under this Agreement.
Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or
other casualty in proportion to the degree to Ǟŷźĭŷ \[9{{99ƭ ǒƭĻ ƚŅ ƷŷĻ tƩĻƒźƭĻƭ źƭ źƒƦğźƩĻķ͵
23. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property, the Building,
Building systems, common areas of the Building, and all structural elements of the Premises in
compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements,
zoning and land use regulations, and restrictions of record, permits, building codes, and the
requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may
hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws
ƩĻŭǒƌğƷźƓŭ ŷğǩğƩķƚǒƭ ƭǒĬƭƷğƓĭĻƭΜ ΛĭƚƌƌĻĭƷźǝĻƌǤ ͻ\[ğǞƭͼΜ͵ LESSEE shall, in respect to the condition of the
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tƩĻƒźƭĻƭ ğƓķ ğƷ \[9{{99ƭ ƭƚƌĻ ĭƚƭƷ ğƓķ ĻǣƦĻƓƭĻͲ ĭƚƒƦƌǤ ǞźƷŷ ΛğΜ ğƌƌ \[ğǞƭ ƩĻƌğƷźƓŭ ƭƚƌĻƌǤ Ʒƚ \[9{{99ƭ
specific and unique nature of use of the Premises; and (b) all building codes requiring modifications to
the Premises due to the improvements being made by \[9{{99 źƓ ƷŷĻ tƩĻƒźƭĻƭ͵ LƷ ƭŷğƌƌ ĬĻ \[9{{hwƭ
obligation to comply with all Laws relating to the Building in general, without regard to specific use
(including, without limitation, modifications required to enable LESSEE to obtain all necessary building
permits).
24. MISCELLANEOUS. This Agreement contains all agreements, promises and
understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement,
promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute,
controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by
all parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and
assigns hereto. The failure of either party to insist upon strict performance of any of the terms or
conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and
such party shall have the right to enforce such rights at any time. This Agreement and the performance
thereof shall be governed interpreted, construed and regulated by the laws of the state in which the
Premises is located without reference to its choice of law rules.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals
the day and year first above written.
LESSOR: Idaho Falls School District No. 91
a/k/a Class A School District No. 91
By: _____ _ _____
Name: George Boland
Its: Superintendent
Date: __________________________________
LESSEE: Lķğŷƚ Џ Α /ƌğƩƉ \[źƒźƷĻķ tğƩƷƓĻƩƭŷźƦ
d/b/a Verizon Wireless
By CommNet Cellular, Inc., Its Managing Agent
By:
Name Diana Scudder
Title: Executive Director Market Operations
Date:
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EXHIBIT "A" (Page 1 of 18)
LEGAL DESCRIPTION
PARCEL 1:
BEGINNING AT A POINT THAT IS N0°21.W 1334.22 FEET FROM THE SOUTH ONEQUARTER
CORNER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE
BOISE MERIDIAN, BONNEVILLE COUNTY, IDAHO, SAID POINT OF BEGINNING BEING
ON THE NORTH RIGHT OF WAY LINE OF GARFIELD STREET, AND RUNNING THENCE
WEST ALONG THE NORTH LINE OF GARFIELD STREET 444.00 FEET, MORE OR LESS,
TO THE CENTER OF AN IRRIGATION DITCH; THENCE NORTH 119.42 FEET; THENCE
WEST 60.84 FEET TO A POINT THAT IS 125.7 FEET EAST OF THE EAST LINE OF
FANNING AVENUE EXTENDED; THENCE N0°16.30.E 664.03 FEET, PARALLEL TO SAID
EAST LINE OF FANNING AVENUE; THENCE EAST 505.87 FEET TO THE WEST LINE OF
SOUTH BEL AIR ADDITION, DIVISION NO. 2; THENCE S0°18.W ALONG SAID WEST
LINE OF SOUTH BEL AIR ADDITION 321.46 FEET TO A POINT THAT IS 130.0 FEET
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF COLLEGE AVENUE; THENCE EAST
102.83 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF ROYAL AVENUE;
THENCE SOUTH ALONG THE WEST RIGHT OF WAY LINE OF ROYAL AVENUE 441.99
FEET TO A POINT OF CURVE WITH A RADIUS OF 20.00 FEET; THENCE TO THE RIGHT
ALONG SAID CURVE A DISTANCE OF 31.42 FEET; THENCE WEST ALONG THE NORTH
RIGHT OF WAY LINE OF GARFIELD STREET 80.01 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 36, BLOCK 7, SOUTH BEL-AIRE
ADDITION, DIVISION NO. 1, TO THE CITY OF IDAHO FALLS, BONNEVILLE COUNTY,
IDAHO, SAID POINT BEING N0°21.W 1334.22 FEET AND WEST 784.00 FEET FROM
THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER, OF SECTION 17,
TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN, BONNEVILLE
COUNTY, IDAHO, AND RUNNING THENCE NORTH 331.61 FEET; THENCE WEST 50.92
FEET; THENCE N45°00.W 70.69 FEET; THENCE NORTH 280.00 FEET; THENCE WEST
215.00 FEET; THENCE N54°15.W 106.00 FEET; THENCE S74°15.W 241.10 FEET;
THENCE SOUTH 638.10 FEET TO A POINT OF CURVE HAVING A RADIUS OF 20.00 FEET
AND A TANGENT THAT BEARS SOUTH; THENCE TO THE LEFT ALONG SAID CURVE
31.42 FEET TO THE NORTH LINE OF GARFIELD STREET; THENCE EAST 613.99 FEET TO
THE POINT OF BEGINNING.
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EXHIBIT "A" (Page 2 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 3 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 4 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 5 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 6 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 7 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
15
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EXHIBIT "A" (Page 8 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
16
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EXHIBIT "A" (Page 9 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 10 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 11 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
19
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EXHIBIT "A" (Page 12 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 13 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 14 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 15 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 16 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 17 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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EXHIBIT "A" (Page 18 of 18)
SITE PLAN OF ROOFTOP SPACE, FLOOR SPACE
ANTENNA SPACE AND CA BLING SPACE
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