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HomeMy WebLinkAbout1 - Original Submission_ US-WA-5107_Dish - MLA SLA___RedactedUS-WA-5107 Forest Ridge SUPPLEMENT TO THE MASTER LEASE AGREEMENT (Pursuant and subject to the MLA) THIS SUPPLEMENT TO THE MASTER LEASE AGREEMENT (“SLA”) is entered into as of __________________________ (“Effective Date”), by and between Vertical Bridge Development, LLC, a Delaware limited liability company (“Lessor”), whose address is 750 Park of Commerce Drive, Suite 200, Boca Raton, Florida 33487, and DISH Wireless L.L.C., a Colorado limited liability company (“Lessee”), whose address is 9601 South Meridian Blvd., Englewood, Colorado, 80112. BACKGROUND WHEREAS, Lessor’s Affiliate, Vertical Bridge REIT, LLC, and Lessee have entered into that certain MLA dated January 29, 2021 (the “MLA”). Such MLA provides that Lessor or its Affiliates and Lessee will enter into separate SLAs on a Site-by-Site basis as mutually agreed upon by the Parties, pursuant to which Lessor or its Affiliates will lease to Lessee certain available space at a Site. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: 1. Site Information. The Leased Property, as more particularly described in Section 6 hereof, means: a. Lessee Site ID: SEASE00410D b. Lessor Site ID: US-WA-5107 Forest Ridge c. Address and/or location of the Site: 3100 1st. Street, Bremerton, WA 98312 d. Site coordinates (NAD 83): i. Latitude: 47.56473333 ii. Longitude: -122.65906940 e. Antenna Space centerline height: 135’ f. Ground Space dimensions: 15’ x 10’ 2. Rent; Term. a. Rent. i. Commencing on the SLA Rent Commencement Date, the Basic Rent for this SLA shall be ) per month, to be paid in accordance with the terms set forth in Section 4 of the MLA. ii. Additional Rent, if any, shall be paid in accordance with the terms set forth in Section 4 of the MLA, unless otherwise set forth below, in the amount of: Not Applicable. iii. Rent shall be paid to the following address (or via electronic funds transfer as agreed to by the Parties in Section 4.4 of the MLA): Vertical Bridge Holdco, LLC Overnight Mail: P.O. BOX 743051 Bank of America Lockbox Services Atlanta, GA 30374-3051 Lockbox # 743051 6000 Feldwood Road College Park, GA 30349 b. Term. The term of this SLA shall be as set forth in Section 3 of the MLA, unless set forth herein as follows: Not Applicable. DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge 3. Non-Standard Terms. The Parties acknowledge and agree that the following conditions exist at the Site: (Check all that apply) 4. Key Prime Agreement Terms. a. Current term expiration date of the Prime Agreement / final term expiration date of the Prime Agreement: February 29, 2024 / February 29, 2044. b. Does the Prime Lessor have the right to not renew or terminate the Prime Agreement at the end of the current term or any remaining renewal terms: Not Applicable. c. Special access rules under the Prime Agreement: Not Applicable. 5. Special Provisions. Not Applicable. 6. Site Address and Legal Description of Site. Lessor hereby leases to Lessee, and Lessee leases from Lessor, as applicable, the Site, as more particularly described in Section 1 hereof, and which is comprised of the space on the Structure, Easements and Ground Space on the Parcel at heights and locations as more particularly set forth on Schedule A-1 (Collocation Application), Schedule A-2 (Structure Elevation and Site Plan), and Schedule A-4 (Legal Description of Parcel and/or Survey) (together, as applicable, the “Leased Property”), each of which are attached hereto and incorporated herein. 7. Frequencies. As of the Effective Date, Lessee’s initial Installation will use those certain frequencies, in pre-approved transmit power, as set forth on Schedule A-1 (Collocation Application), which is attached hereto and incorporated herein by this reference. 8. MLA; Defined Terms; Incorporation of Background; Prime Agreement. This SLA is entered into pursuant to the MLA. All terms and conditions of the MLA are incorporated herein by this reference and made a part hereof without the necessity of repeating such terms and conditions or attaching the MLA. By executing and delivering this SLA, the Parties hereby agree to be bound by all terms and conditions of the MLA applicable to such Party, and to perform all covenants and agreements of such Party therein. Capitalized terms used in this SLA shall have the same meaning ascribed to them in the MLA unless otherwise indicated herein. The background section set forth above is hereby incorporated into this SLA by this reference in its entirety. A true and correct copy of the Prime Agreement(s) (subject to redaction in accordance with the MLA) is set forth in Schedule A-3 (Redacted Prime Agreement), which is attached hereto and incorporated herein by this reference. 9. Order of Precedence; Conflict. In the event of an inconsistency, conflict or discrepancy between, or among, (a) Section 1 of this SLA, (b) Schedule A-1 (Collocation Application), and/or (c) Schedule A-2 (Structure Elevation and Site Plan), Schedule A-1 of this SLA shall govern. In the event of an inconsistency, conflict or discrepancy between (x) the MLA, and (y) this SLA, the terms set forth in this SLA shall control. There are no electrical utilities installed at the Site as of the Effective Date (i.e., neither Lessor nor any Co-User at the Site have electrical utilities installed). X The Leased Property is located, in whole or in part, on land which is owned, operated or controlled by a Governmental Authority (e.g. Bureau of Land Management or Bureau of Indian Affairs). X The Structure on the Site is AM Detuned. Tower Modifications are required prior to the commencement of Lessee’s initial Installation at the Site. Ground Space at the Site is not included in the legal interest conveyed to Lessee pursuant to this SLA. DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.] DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge IN WITNESS WHEREOF, the Parties have executed this SLA as of the Effective Date. LESSOR: Vertical Bridge Development, LLC Witness: By: ____________________________________ By:_________________________ Name: _________________________________ Name: ______________________ Title: __________________________________ LESSEE: DISH Wireless L.L.C. Witness: By: ____________________________________ By:_________________________ Name: _________________________________ Name:______________________ Title: __________________________________ DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge SCHEDULE A-1 TO SLA COLLOCATION APPLICATION [Attached Hereafter] DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge SCHEDULE A-2 TO SLA STRUCTURE ELEVATION AND SITE PLAN [Attached Hereafter] DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge SCHEDULE A-3 TO SLA REDACTED PRIME AGREEMENT [Attached Hereafter] DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge SCHEDULE A-4 TO SLA LEGAL DESCRIPTION OF PARCEL AND/OR SURVEY [Attached Hereafter] DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5 US-WA-5107 Forest Ridge DocuSign Envelope ID: F1B32A59-88BC-4DF8-9BAF-A90006FEE5E5