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HomeMy WebLinkAboutAgenda - 04-21-20; 8-g - Approval of a Lease for a Section of the Roof and Wall of the Sportsplex to Cellco Partnership (Verizon Wireless) for Installation of a Mini Cell Phone Tower 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 21, 2020 Action Agenda Item No. 8-g SUBJECT: Approval of a Lease for a Section of the Roof and Wall of the Sportsplex to Cellco Partnership (Verizon Wireless) for Installation of a Mini Cell Phone Tower DEPARTMENT: County Attorney, Asset Management Services ATTACHMENT(S): INFORMATION CONTACT: 1. Site Illustration Steve Arndt, AMS Director, 919-245- 2. Lease Agreement 2658 3. Non-Disturbance and Attornment Agreement Alan Dorman, AMS Assistant Director, 4. Resolution 919-245-2627 PURPOSE: To: 1.) Approve a five year lease agreement with Cellco Partnership (dba Verizon Wireless) for space on the wall and roof of the Sportsplex, located at 101 Meadowlands Drive in Hillsborough, for the installation, operation and maintenance of communications equipment; and 2.) Authorize the Chair to sign the Resolution for Lease, and the Manager to sign the Non- Disturbance and Attornment Agreement, and Lease Agreement upon final review by the County Attorney. BACKGROUND: Cellco Partnership (dba Verizon Wireless) is one of the largest providers of cellular service in the country. In an effort to improve cellular service within the Sportsplex facility as well as to the surrounding businesses and residents, Cellco partnership wants to install a small communications tower on the roof of the northeast portion of the Sportsplex facility and additional equipment on the northeast wall of the facility. The overall size of the tower will be just 5 feet and 5 inches over the existing parapet wall at the Sportsplex. The site illustration includes an elevation drawing (see 4t" page of Attachment 1). The lease would be for an initial term of five years with the automatic renewal of one five-year term. The lease specifies the rental fee of$1,800 a year. The annual rental for the potential five- year extension term would be increased by 1.5% over the base rate. 2 FINANCIAL IMPACT: Expected revenue would be $1,800 a year for each year of the five-year lease for a total cost of $9,000 over the course of the five-year period. The annual rental for the potential five-year extension would increase by 1.5% over the base rate. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board 1.) Approve a five year lease agreement with Cellco Partnership (Verizon Wireless) for space on the wall and roof of the Sportsplex, located at 101 Meadowlands Drive in Hillsborough, for the installation, operation and maintenance of communications equipment; and 2.) Authorize the Chair to sign the Resolution for Lease, and the Manager to sign the Non- Disturbance and Attornment Agreement, and Lease Agreement upon final review by the County Attorney. 3 r , tta c h m e n t 1 PLANS PREPARED FOR: NOTES: 1. SITE PLAN SHOWN BELOW'WAS REPRODUCED FROM INFORMATION V�rIZ�17� PROVIDED BY ORANGE COUNTY GIS MAPS. CONTRACTOR TO VERIFY W I ji I I I ALL EXISTING INFORMATION IS AS INDICATED ON SITE PLAN. PROPOSED FIBER CONTRACTOR IS TO ESTABLISH THE EXISTENCE AND LOCATION OF i 8921 Research Drive I HANDHOLE IN R/W ALL EXISTING UNDERGROUND AND OVERHEAD UTILITIES. IMMEDIATELY I I I Charlotte, NC 28262 NOTIFY THE CONSTRUCTION MANAGER OF ANY DISCREPANCIES. ,� PROVIDE BY OTHERS I I I (704) 519-9957 2. EXISTING INFORMATION INDICATED ON THE SITE PLAN SHOWN WAS `� l�` j j 7 j PROJECT INFORMATION: REPRODUCED FROM MAPS PROVIDED BY ORANGE COUNTY. TEP DOES EXISTING �v'7\ I I I VZW SITE NAME: NOT GUARANTEE, OR ENSURE THE PRECISION, ACCURACY OR PARKING NIP CORRECTNESS AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR LOT ORANGE CO 1 ry 5479 SMC ORANGE COUNTY DAMAGES, LOSS OF REVENUE, OR INJURY THAT MIGHT OCCUR. DB 5709 PC 197 PRO SED VERIZO 1 -j - i SPORTS COMPLEX PON 3. POWER ROUTING SHOWN ON LEASE EXHIBIT IS PRELIMINARY AND 1 FIBER HANDHOLE �'1 101 MEADOWLANDS DRIVE PENDING POWER COORDINATION WITH THE LOCAL UTILITY COMPANY. 1 _ 1 I HILLSBOROUGH, NC 27278 NIP ' ��,� h �"'� �L ORANGE COUNTY ORANGE COUNTY 1 PROPOSED (2) 2" CONDUIT I ( ) PIN#: 987471f038 t WITH MULE TAPE FOR FIBER PLANS PREPARED BY: DB 5709 PC 197 - I N/F µ'�� ORANGE COUNTY `i EXISTING 480/277V i PIN#: 9874716466 1 ' TRANSFORMER TO PROVIDE I DB 5709 PC 197 i ` "YYLL POWER TO PROPOSED WALL-MOUNTED EQUIPMENT. , OO 1 SEE NOTE 3. 1 I�\2O y I I 1,PROPOSED POWER ROUTING i \ i 1 FROM EXISTING TRANSFORMER ' TO PROPOSED WALL-MOUNTED EQUIPMENT. SEE NOTE 3. ` PROPOSED WALL-MOUNTED N/F j EQUIPMENT. SEE L-2 FOR ORANGE COUNTY ) 1 PIN#: 9874717383 i' DETAILS. DB 5709 PC 196 ) ' TOWER ENGINEERING PROFESSIONALS 326 TRYON ROAD / 1 RALEIGH,NC 27603-5263 N/F ' OFFICE:(919)661-6351 MEADOWLANDS OWNERS 1 www.tepgroup.net ASSOCIATION PIN#: 9874604995 ' N.C.LICENSE#C-1794 DB 3720 PC 537 / C PROPOSED ROOFTOP CABLE �� PROPOSED SLED MOUNT. �9� TRAY(TYP) SEAL: t DESIGN T.B.D. c'O'9/ I I ~ - "` PROPOSED VERIZON SLED MOUNTED ANTENNA 7 a (TYP OF 3) LEGEND �o / 7 / N/F m m AII'NA CEORCE HORTON " 10 ENTERPRISES EXIST. PROPERTY LINE PIN#: 9874719144 / EXISTING BUILDING. SEE V�p � DB 2058 PC 63 SHEET L-4 FOR - O GO -------- EXIST. ADJACENT PROP. `EXISTING ELEVATION. PARKING lo0 EXIST. UTILITY POLE LOT ' EXISTING POND EXIST. TELCO PEDESTAL '��� 3 1 2-13-1 7 LEA5E EXHIBIT O PROPERTY CORNER Ar/F 2 I2-I I-17 LEA5E EXHIBIT TRYON INVESTMENT CROUP LLC 1 1 1-29-17 LEA5E EXHIBIT PIN#: 9874708916.00E 0 1 1-08-17 LEA5E EXHIBIT EDGE OF PAVEMENT DB 3812 PC 22 REV DATE ISSUED FOR: ---oHW--- OVERHEAD WIRE DRAWN BY: PLE CHECKED BY: SCB ---R/W--- RIGHT-OF-WAY SHEET TITLE: +;:+H+4;+F RAILROAD TRACKS N/F N/F EXISTING BUILDING BY H/BEERY INC TICON INC OTHERS(TYP) , LEASE EXHIBIT PIN#: 8874609618 PIN#:9874705773 EXISTING TREE LINE OB 1858 PC 488 --- ---- DB 2313 PC 131 ' -- -----<- ' ' SHEET NUMBER: REVISION: SITE PLAN 0 100 200 �� 3 SCALE: 1" = 100' SCALE IN FEET TEP#:83 1 728775 5 4 NOTES: ♦♦ PLANS PREPARED FOR: _ •♦ 1. SITE PLAN SHOWN BELOW WAS REPRODUCED FROM INFORMATION ♦♦ ��rizon� PROVIDED BY ORANGE COUNTY GIS MAPS. CONTRACTOR TO VERIFY ♦♦ ALL EXISTING INFORMATION IS AS INDICATED ON SITE PLAN. CONTRACTOR IS TO ESTABLISH THE EXISTENCE AND LOCATION OF ♦� 8921 Research Drive ALL EXISTING UNDERGROUND AND OVERHEAD UTILITIES. IMMEDIATELY ♦♦ Charlotte, NC 28262 NOTIFY THE CONSTRUCTION MANAGER OF ANY DISCREPANCIES. ♦♦ (704) 519-9957 2. EXISTING INFORMATION INDICATED ON THE SITE PLAN SHOWN WAS ♦♦ 7 PROJECT INFORMATION: REPRODUCED FROM MAPS PROVIDED BY ORANGE COUNTY. TEP DOES NOT GUARANTEE, OR ENSURE THE PRECISION, ACCURACY OR VZW SITE NAME:_�♦ `— CORRECTNESS AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR -� --- SMC GRANGE COUNTY DAMAGES, LOSS OF REVENUE, OR INJURY THAT MIGHT OCCUR. ♦♦ -- SPORTS COMPLEX 3. POWER ROUTING SHOWN LEASE EXHIBIT IS PRELIMINARY AND ♦♦ 101 MEADOWLANDS DRIVE PENDING POWER COORDINATION WITH THE LOCAL UTILITY COMPANY. ♦ HILLSBOROUGH, INC 27278 K ♦♦ (ORANGE COUNTY) ♦ PLANS PREPARED BY: ♦♦ A,1 EXISTING HVAC ♦♦ PROPOSED POWER ROUTING FROM _ �A EQUIPMENT ♦♦♦ EXISTING 277/480V TRANSFORMER JIB TO PROPOSED METER & ;`14 PROPOSED FIBER TO ♦♦♦ DISCONNECT. SEE SHEET L-1 FOR �\ SOURCE. SEE SHEET ♦ DETAILS. SEE NOTE 3. L-1 FOR DETAILS. ♦ �� ♦♦ ♦ PROPOSED WALL—MOUNTED .♦ RADIO CAGE. SEE SHEET TOWER ENGINEERING PROFESSIONALS } , L-3 FOR ELEVATION. 326 TRYON ROAD EXISTING DRAINAGE , ♦♦ PROPOSED WALL—MOUNTED RALEIGH,NC 27603-5263 DOWNPIPE (TYP) r ♦ EQUIPMENT CABINET. SEE OFFICE:(919)661-6351 SHEET L-3 FOR ELEVATION. WWW.tePgroup.net I PROPOSED WALL—MOUNTED N.C.LICENSE#C-1794 480V TO 120/240V TRANSFORMER SEAL: I 'Al I I r PROPOSED WALL—MOUNTED METER &DISCONNECT. SEE T SHEET L-3 FOR ELEVATION. `EXISTING EXISTING GAS LINE i PROPOSED POWER ROUTING j` OD 0 ROOFTOP r FROM PROPOSED METER& j DISCONNECT TO PROPOSED i STEP—DOWN TRANSFORMER ir PROPOSED POWER ROUTING FROM PROPOSED STEP—DOWN 3 12-13-17 LEA5E EXHIBIT r TRANSFORMER TO PROPOSED 2 12-11-17 LEA5E EXHIBIT EQUIPMENT CABINET I 11-29-17 LEA5E EXHIBIT I O I I-08-1 7 LEASE EXHIBIT REV DATE ISSUED FOR: PROPOSED COAX ROUTING FROM PROPOSED RRU TO DRAWN BY: PLE CHECKED BY: SCB PROPOSED ANTENNA. SEE SHEET L-1 FOR DETAILS. SHEET TITLE: J% PROPOSED ROOFTOP CABLE TRAY LEASE EXHIBIT i I I I SHEET NUMBER: REVISION: EQUIPMENT LAYOUT D 4 8 1 rf 3 L-L SCALE: A" — 1'-0" SCALE IN FEET TEP#:83172.57755 5 PLANS PREPARED FOR: verizonv/ 8921 Research Drive Charlotte, NC 28262 1 (704) 519-9957 PROJECT INFORMATION: VZW SITE NAME: SMC ORANGE COUNTY SPORTS COMPLEX 101 MEADOWLANDS DRIVE EXISTING DRAINAGE HILLSBOROUGH, NC 27278 DOWNPIPE (ORANGE COUNTY) EXISTING HVAC EQUIPMENT PLANS PREPARED BY: I I ��Al `\� ll \0 PHOTO OF EQUIPMENT LOCATION \` SCALE: N.T.S. TOWER ENGINEERING PROFESSIONALS 326 TRYON ROAD RALEIGH,NC 27603-5263 OFFICE:(919)661-6351 www.tepgroup.net � PROPOSED WALL—MOUNTED PROPOSED WALL MOUNT METER &DISCONNECT N.C.LICENSE#C-1794 COVERED COAX KIT(SITE PRO I SEAL: PART WMC8) PROPOSED COAX ROUTED ALONG BUILDING WALL TO PROPOSED ROOFTOP ANTENNAS PROPOSED WALL—MOUNTED FO STEP—DOWN TRANSFORMER G,vO��QJ PROPOSED WALL—MOUNTED RADIO CAGE O GO PROPOSED WALL—MOUNTED EQUIPMENT CABINET I PROPOSED REMOTE UNIT ON UNISTRUT 3 12-I3-17 LEA5E EXHIBIT 2 I2-I I-17 LEA5E EXHIBIT 1 1 1-29-1 7 LEA5E EXHIBIT 0 1 1-08-1 7 LEA5E EXHIBIT REVI DATE ISSUED FOR: DRAWN BY: PLE CHECKED BY: SCB SHEET TITLE: LEASE EXHIBIT SHEET NUMBER: I REVISION: EQUIPMENT ELEVATION D 4 8 L_j�___3 3 SCALE: 3Fis — 1'—O" SCALE IN FEET I TEP#:83172.577! 6 NOTES: PLANS PREPARED FOR: 1. ALL PROPOSED EQUIPMENT TO BE PAINTED TO verizonv/ MATCH EXISTING 2. THE DRAWING IS ONLY A GRAPHIC REPRESENTATION _ OF THE STRUCTURE. CONDITIONS IN THE FIELD MAY !I 8921 Research Drive VARY. I Charlotte, IN 28262 (704) 519-9957 3. ALL PROPOSED EQUIPMENT TO BE MOUNTED PER MANUFACTURER'S SPECIFICATIONS. -' �;;fi,-. - PROJECT INFORMATION: f VZW SITE NAME: SMC ORANGE COUNTY SPORTS COMPLEX 101 MEADOWLANDS DRIVE r' ""'� /� f _ HILLSBOROUGH, INC 27278 (ORANGE COUNTY) PLANS PREPARED BY: 11 PHOTO OF BUILDING ELEVATION SCALE- N.T.S. TOWER ENGINEERING PROFESSIONALS 326 TRYON ROAD RALEIGH,NC 27603-5263 OFFICE:(919)661-6351 PROPOSED VERIZON SLED www.tepgroup.net MOUNTED ANTENNA(TYP OF 3) N.C.LICENSE#C-1794 04 38'-11"t PROPOSED SLED MOUNT SEAL: T/APPURTENANCE TYP B.Q_OF 3). DESIGN T.B.D. t 36'-6"t PROPOSED 1 Q- ANTENNAS 33.-6..t --- ---------------- O ovJ JG T/PARAPET 31'-7"± T/ROOFTOP 0 3 1 2-13-1 7 LEASE EXHIBIT 0'-0"t (REFERENCE) 2 I2-I I-17 LEA5E EXHIBIT EXISTING GRADE I I I-25-17 LEASE EXHIBIT I,„11 I�I I I—III—III—III—III—III—III—III—I I III—III—III—III—III—III—III—III—I I III—III I I—III—III—III—III—III—I I III—III—III—III—III—III—III—III—III—III—III—III—III—III—III—III—III—III—III—I I I=1 -1 i_1 =I I�1 =III=1 =1 I I=1 =1 I I-1 =III-111=III—III=III=1 =1 I�1 =I I I-1 =III-1 =III-1 =III-111=III—III=III-1 =I I r1 =l I I=1 =1 I�1 =I I I-1 =1 I I-1 =II I-1 1I R=1 II I=I I II i i I—1 I I 11— G I I-08-17 LEASE EXHIBIT 11-1 I I-1 I�I I I—III—III—III—III—III=1 I I—III—III=1 I I—III=1 I I—III—III—III=1 I I—III—III=I I r -1II III III III III II1=1II II1=1I1=1II III III II1=1II-1I1=1 — —11r_III-1I1=1I1=1II III�II=III II1=1II II1=1II III�II III-1I1=1II—IiI— REV DATE ISSUED FOR: I I=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1_I1=1I I-1T1=1"— -II1=1I I-=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1-1I1=�'- -I - DRAWN BY: PLE CHECKED BY: 5CB SHEET TITLE: LEASE EXHIBIT SHEET NUMBER: REVISION: BUILDING ELEVATION (WESTERN VIEW) 1 _A4 3 SCALE: N.T.S. L TEP/j:83 1 728775 5 7 SITE NAME:SMC_0RNGECNTY_SP0RTSPLx_1 Attachment 2 SITE NUMBER:394388 LEASE AGREEMENT This Lease Agreement (the "Agreement") made this day of 20_ between Orange County, North Carolina, with a mailing address of PO Box 8181, Hillsborough, North Carolina 27278, hereinafter designated LESSOR and Cellco Partnership d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail 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." 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 certain space on the wall (the "Wall Space") of the building (the "Building") located at 101 Meadowlands Drive, Hillsborough, Orange County, North Carolina, (the Building and such real property are hereinafter sometimes collectively referred to as the "Property"), for the installation, operation and maintenance of communications equipment, together with such additional space on the ground for the installation of a fence around the Wall Space ithe "Ground Space"); together with such additional space on the roof of the Building sufficient for the installation, operation and maintenance of antennas (the "Antenna Space"); together with such additional space within the Building and on the roof of the Building for the installation, operation and maintenance of wires, cables, conduits and pipes(the"Cabling Space") running between and among the Wall Space and Antenna Space and to all necessary electrical and telephone utility sources located within the Building or 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 and in and through the Building to and from the Premises (as hereinafter defined) for the purpose of installation, operation and maintenance of LESSEE's communications facility. LESSEE will coordinate such access for within the Building with LESSOR by giving LESSOR at least 24 hours advance notice, except in the event of an emergency in which case LESSEE will give LESSOR only such notice as is feasible under the circumstances. For purposes of this section, notice by LESSEE to LESSOR will be directed to Asset Management Services, and may be by telephone (919-245-2627) or by e-mail (adorman@orangecountync.gov). LESSOR will promptly notify LESSEE in writing of any changes to the identity of the contact person or to the contact information in the immediately preceding sentence. LESSOR will reasonably cooperate with LESSEE in scheduling non-emergency access, and LESSOR will take all steps reasonably necessary and appropriate to facilitate emergency access, as LESSEOR acknowledges that LESSEE will need to access the roof of the building via the interior of the Building. The Wall Space,Ground Space, Antenna Space, and Cabling Space are hereinafter collectively referred to as the "Premises" and are as shown on Exhibit A attached hereto and made a part hereof. In the event there are not sufficient electric and telephone, cable or fiber utility sources located within the Building or on the Property, LESSOR agrees to grant LESSEE or the Total utility provider the right to install such utilities, at LESSEE's cost, on, over and/or under the Property and through the Building necessary for LESSEE to operate its communications facility, provided the location of such utilities shall be as reasonably designated by LESSOR. 2. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents and warrants to LESSEE that as of the Effective Bate and continuing throughout the Term (as hereinafter defined): (a)the Building(including without limitation the roof, foundations, exterior walls, interior load bearing walls, and utility systems) is (i) in good condition, structurally sound, and free of any latent 4849-2188-8346v8 3000001-101524 8 leakage; and (ii) the Property and Building are 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 Building,or any part thereof; and (b)the Property is free of all lead-based paint,asbestos or other hazardous substances, as such term may be defined under any applicable federal, state or local law. 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, rectify same at LESSOR's expense. 3. TERM; RENTAL. This Agreement shall be effective as of the date of execution by both Parties (the "Effective ©ate"), provided, however, the initial term shall be for five (5) years (the "Initial Term") and shall commence on the first day of the month following the day that LESSEE commences installation of the equipment on the Premises (the "Commencement Date") at which time rental payments shall commence and be due at a total annual rental of One Thousand Eight Hundred and 00/100 Dollars ($1,800.00)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 agree that they shall acknowledge in writing the Commencement Date and the initial rental payment may not actually be sent by LESSEE until ninety(90) days after LESSEE's receipt of the written acknowledgement from LESSOR. 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. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") including without limitation: (i) documentation evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a completed Internal Revenue Service Form W-9, or equivalent for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by LESSEE and within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE such Rental Documentation. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within thirty (30) days of a written request from LESSEE, LESSOR or any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. 2 4849-2188-8345v8 3000001-101524 9 4. ELECTRICAL. LESSOR shall, at all times during the Term, provide electrical service and telephone service access within the Premises; however, except as otherwise provided herein, LESSOR shall have no such obligation during localized or general outages when such outages occur outside the control of LESSOR. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation, In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub-meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the event such sub-meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility,then the LESSOR shall read LESSEE's sub-meter on a monthly basis and provide LESSEE with an invoice for LESSEE's power consumption on an annual basis. Specifically, after the expiration of each calendar year, LESSOR shall determine LESSEE's actual electrical power consumption and resulting charges for the immediately preceding calendar year based on reading of the LESSEE's sub-meter on a monthly basis and the electricity bills received by LESSOR throughout such calendar year. Each invoice shall reflect charges only for LESSEE's power consumption based on the average kilowatt hour rate actually paid by LESSOR to the utility for electricity,without mark up or profit.All invoices for power consumption must include the site name and location number, i.e. SMC_ORNGECNTY_SPORTSPi.x_1 (Location# 394388), and shall be sent by LESSOR to LESSEE at Verizon Wireless, M/S 3845, PO Box 2375, Spokane, WA 99210, and shall be provided to LESSEE within ninety (90) days following the conclusion of each calendar year (the "Invoice Period"), and shall be accompanied by copies of the electricity bills received by LESSOR during the subject calendar year and documentation of the sub-meter readings applicable to such calendar year. if LESSOR fails to deliver an invoice to LESSEE within the Invoice Period, LESSOR waives any right to collect any electrical charges from LESSEE for the subject calendar year. LESSEE shall pay each annual power consumption charge within forty-five (45)days after receipt of the invoice from LESSOR. 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 within the Premises,or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. S. EXTENSIONS. This Agreement shall automatically be extended for one (1)additional five (5) year term (the "Renewal Term") unless LESSEE terminates it at the end of the Initial Term by giving LESSOR written notice of the intent to terminate at least three (3) months prior to the end of the Initial Term. The Initial Term and Renewal Term shall be collectively referred to herein as the "Term". The annual rental for the Renewal Term shall increase by 1.5%of the annual rental paid for the Initial Term. 5. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. LESSEE 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 so long as such replacement, repair, or modification does not inhibit or interfere with LESSOR'S reasonable use of the Property. It is understood and agreed that LESSEE's 3 4849-2388-8346v8 3000001-101524 10 ability to use the Premises 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 be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner, (iv) LESSEE determines that the Premises is no longer technically compatible for its use; or (v) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, 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, to the extent authorized by North Carolina law 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 the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 8. INSURANCE. a. The Parties remain responsible for damage caused by their own negligent acts or omissions to the property of the other to the maximum limit of the insurance policy limits required herein. 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 $2,000,000 per occurrence for bodily injury(including death)and for damage or destruction to property. 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. 10. ANNUAL TERMINATION. 4 4849-2188-8346vg 3000001-101524 11 a. 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 provided that three (3)months prior 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 an the Property prior to the date this Agreement is executed by the Parties or to LESSOR's reasonable use of LESSOR's facilities situated on the Property. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE of such interference by a written communication and a call to LESSEE's Network Operations Center [at (800) 264-6620/[800] 621-2622], LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up 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 and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, 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). Intentionally deleted. 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 5 4849-2188-8346v8 3000001-101524 12 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 Premises. 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 provided 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: Orange County, North Carolina Attention: Asset Management Service PO Box 8191 Hillsborough, NC 27278 LESSEE: Cellc❑ Partnership d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 6 4849-2188-8346v8 3000001-10t524 13 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 ten t10) 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 with LESSEE's ability to conduct its business in the Building; provided, however, that if the nature of LESSOR's obligation is such that more than ten (10) days 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 ten (10)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 d❑ so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, 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. 21. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance 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 may now or at any 7 4849-2188-8346v8 3000001-101524 14 time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Building or Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. To the extent authorized by North Carolina Law, LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (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 any way related to: a) failure to comply 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 may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Building or Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. C. LESSEE shall hold LESSOR harmless and indemnify LESSOR from and assume all duties, responsibility and liability at LESSEE's sole cost and expense, for all duties, responsibilities, and liability (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 any way related to: a) failure to comply 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 may now or at any time hereafter be in effect, to the extent that such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, to the extent that such environmental conditions are caused by LESSEE. 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 which LESSEE's use of the Premises is impaired. S 4849-2188-8345v8 30000D 1-101524 15 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 regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises; and tby all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR's 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. MOST FAVORED LESSEE. Intentionally Deleted. 25. SERVICE QUALITY. If upon completion of installation of LESSEE's communications facility as contemplated by this Agreement, LESSOR reasonably believes in good faith that LESSEE's communications facility does not provide reasonably sufficient coverage of its network within the Building, the LESSOR shall state in writing, with particularity, and deliver to LESSEE pursuant to the notice requirements within this Agreement, the deficiencies in coverage which LESSOR believes to exist (the "Service Quality Notice"). LESSOR and LESSEE shall thereupon meet at a time mutually agreed upon by the Parties and discuss options for resolving any performance issues asserted by LESSOR, and LESSEE shall use its best effort to resolve any actual performance issues with LESSEE's installed equipment. Notwithstanding anything to contrary contained herein, LESSOR may only send one Service Quality Notice to LESSEE every three(3)years during the Term of the Agreement. 26. 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. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of that Party has the full right, power and authority to enter into and execute this Agreement on that Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. [Signatures on Following Page] 9 4 849-2188-8346v8 3000001-101524 16 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: Orange County, North Carolina By: Printed Name: Title: Date: LESSEE: Cellco Partnership d/b/a Vernon Wireless By: Ahhijit Apte Senior Manager Real Estate Network Date: 10 4849-2188-8346v8 3000001-101524 17 EXHIBIT A SITE PLAN OF WALL SPACE, GROUND SPACE, ANTENNA SPACE,AND CABLING SPACE [see attached] tl 4849-2188-8346v8 3000001-101524 18 i 'nt r I j l I I PLANS PREPARED FOR: NOTES: 1 PROVIDED NBY RANGEELOW WAS COUNTY GISEMAPSUCED FROM ONTRACTORNTo VERIFY •� j PROPOSED FIBER �1 C 1 verizon ALL EXISTING INFORMATION IS AS INDICATED ON SITE PLAN. I HANDHOLE IN R/W PROVIDE BY OTHERS I I CONTRACTOR IS TO ESTABLISH THE EXISTENCE AND LOCATION OF 8921 Rese rch Drive ALL EXISTING UNDERGROUND AND OVERHEAD UTILITIES. IMMEDIATELY I I I I Charlotte, NC 26262 NOTIFY THE CONSTRUCTION MANAGER OF ANY DISCREPANCIES. �"^^+ { I I I (704)519-9957 _ PROPOSED VERIZON FIBER 1 I I 2. EXISTING INFORMATION INDICATED ON THE SITE PLAN SHOWN WAS HANDHOLE. SEE SHEET I I I I I I PROJECT INFORMATION: EXISTING C-6 FOR DETAILS. REPRODUCED FROM MAPS PROVIDED BY ORANGE COUNTY. TEP DOES PARKING PROPOSED(2)2"CONDUIT VZW SITE NAME:SMC NOT GUARANTEE, OR ENSURE THE PRECISION, ACCURACY OR LOT-'1 WITH MULE TAPE FOR + --+^_ I I I CORRECTNESS L SS OF ASS REVENUE, OR NJURYLIMES NO NT RESPONSIBILITY MIGHT OCCUR.LIABILITY FOR y FOR DETAILS. C-tA I r W�++ US H�^y i i ORANGE COUNTY DAMAGES1 _ W}r� ^+_y,, I SPORTS COMPLEX UTILITY NOTES:\�� / + , — _ DA``` _ ; 101 MEADOWLANDS DRIVE + _ HILLSBOROUGH,NC 27278 1. CONTRACTOR TO CONTACT ANTHONY PERRY WITH DUKE ENERGY TO EXISTING TRANSFORMER / ■ j I ' ^^ (ORANGE COUNTY) INITIATE UTILITY ROUTE INSTALLATION. 1 CELL PHONE: (336)708-0652 TO PROVIDE POWER TO 1 1 N/p � Y.^^ PLANS PREPARED BY: EMAIL• Anthon.Parr uke-ener com PROPOSED WALL-MOUNTED ± I + Y Y� 9Y• EQUIPMENT.SEE UTILITY � ORANGE COUNTY NOTES FOR DETAILS. ► I I __ PIN#: 09747184BB 2. DUKE ENERGY TO PROVIDE POWER FROM EXISTING 277/480V r I � I - OH 5708 PC 197 I TRANSFORMER LOCATED ON PROPERTY. DUKE WILL PROVIDE A ++ r FIEIA // / I� MINIMUM OF 400A SERVICE TO CUSTOMER OWNED CT CABINET. + 1 �7 3. DUKE ENERGY TO PROVIDE AND. INSTALL CONDUIT FROM EXISTING / I/ I ORANGE COUNTY I / / /' ♦, TRANSFORMER TO CT CABINET r I PIN#:9874715479 4. CONTRACTOR TO INSTALL MINIMUM 32" WIDE x 24" HIGH X 12" PROPOSED POWER ROUTING/ i I DB 5708 PC 187 DEEP CT CABINET FROM EXISTING ■ r i / TRANSFORMER TO I 5. CONTRACTOR TO INSTALL 3/4" THICK PLYWOOD BACKBOARD ON CT PROPOSED WALL MOUNTED r NIP I / CABINET EQUIPMENT. SEE UTILITY t� PROPOSED WALL-MOUNTED ORANGE COUNTY I NOTES&SHEET C-1A FOR EQUIPMENT. SEE C-IA FOR P!N/:8874717983 S. CONTRACTOR TO CUT HOLES IN CT CABINET FOR DUKE ENERGYS DETAILS. DETAILS. DB 5709 PC 196 i TOWER ENGINEERING PROFESSIONALS SERVICE CONDUCTORS FOR AN UNDERGROUND SERVICE / I / 326TRYON ROAD / RALEIGH,NC 27603-3530 l NIP ` ; OFFICE:(91oc-1794 1.6351 MEADOWLANDS OWNERS ASSOCIATION vF gnet PIN#:9874604995 NC DB 3720 PC 537 3� 0• f SEAL: _ ar,�d C i�ONb,■� LEGEND EXISTING POND GEORGE/NORTON SQL a. I ENTERPRISES EXIST.PROPERTY LINE 7 PrN.E058 PC 03 � 4719144 `EXISTING PROPOSED MOUNT -------- EXIST.ADJACENT PROP. PROPOSED VERIZON OF TYP SE E HEET S SLED-MOUNTED ANTENNA WITH LOT PARKING (TYPC-1 F DETAILS. �IIINIIIIIININ qb EXIST.UTILITY POLE CONCEALMENT(TYP OF 3). SEE rpecem6er5,2019 SHEET C-19 FOR DETAILS. EXIST. TELCO PEDESTAL EXISTING BUILDING. SEE 9 12-05-19 CON5TRUCTION SHEET C-3 FOR 8 II-II-19 CON5TRUCTION Q PROPERTY CORNER ELEVATION. 'T 7 II-01-19 CON5TRUCTION 0 9 I EDGE OF PAVEMENT N/ TR/YON� FOR:INVESTMENT CROUP LLC REV DATE ISSUED FOR: I, ORANGE COUNTY PIN#:9874708916.00E ---OHW--- OVERHEAD WIRE PIN#: 9874711030 OS 38f2 PC 22 DRAWN BY:5AM CHECKED BY: 5C5 DB 6709 PC 197 ---R/W--- RIGHT-OF-WAY SHEET TITLE: *11H++H++H+i- RAILROAD TRACKS N/F NIP EXISTING BUILDING BY NI BEERY INC TICON INC OTHERS(TYP) SITE PLAN PIN#:987460961E 8874705773 + r✓WY'• EXISTING TREE LINE DB 1858 PC 488 PININ#:DB 2313 PC 131 -_ _-- ■■ _K. SHEET NUMBER: REVISION: SITE PLAN 0 1DO zoo ^ 9 SCALE: 1" = 100' SCALE IN FEET v TEP#-. 83I72 19 1 / 1 NOTES: PLANS PREPARED FOR: 1. SITE PLAN SHOWN BELOW WAS REPRODUCED FROM INFORMATION 1 PROVIDED BY GOGGLE MAPS. CONTRACTOR TO VERIFY ALL EXISTING 1 1 I verizon� INFORMATION IS AS INDICATED ON SITE PLAN. CONTRACTOR IS TO 1 ♦ EXISTING UNDERGROUND ESTABLISH THE EXISTENCE AND LOCATION OF ALL EXISTING 1 ■ 1 TELEPHONE LINE. SEE B921 Research Drive UNDERGROUND AND OVERHEAD UTILITIES. IMMEDIATELY NOTIFY THE NOTE 2. Charlotte.NC 28262 CONSTRUCTION MANAGER OF ANY DISCREPANCIES. 1 ■ I / 7 (704)519-9957 2. EXISTING UTILITY INFORMATION INDICATED ON THE SITE PLAN SHOWN I j EXISTING MEDIAN WAS REPRODUCED FROM AS-BUILT DRAWINGS BY CRA ENGINEERING j I 1 :2 PROJECT VZW SITE NAME:SMC DATED 10/23/2017. TEP DOES NOT GUARANTEE, OR ENSURE THE 1/ 1 PRECISION, ACCURACY OR CORRECTNESS AND ASSUMES NO �! ORANGE COUNTY RESPONSIBILITY OR LIABILITY FOR DAMAGES, LOSS OF REVENUE, OR SPORTS COMPLEX INJURY THAT MIGHT OCCUR. A i� � � �■ j i j 101 MEADOWLANDS DRIVE PROPOSED(2)2" HILLSBOROUGH.NC 27278 EXISTING TRANSFORMER. CONDUIT WITH MULE I; i (ORANGE COUNTY) SEE SHEET C-1 FOR TAPE FOR FIBER ■ DETAILS. ■' i PLANS PREPARED BY: / I I ■ / I 1 ' ■ I \1 �♦ +■ ♦♦ 4P / '1 TOWER ENGINEERING PROFESSIONALS ♦�`� `'�� j i 326 TRYON ROAD �♦ + � ' RALEIGH NC#273-3530 6351 * 1 gret EXISTING STORM WATER NSE1794 ♦ ♦ I DROP INLET(TYP OF 5). EXISTING UNDERGROUND ♦ 1 f SEE NOTE 2. SEAL• GAS LINE.SEE NOTE 2. ♦♦a♦ + Y� ♦♦�t �'�1T� J EXISTING STORM WATER ♦r C i ♦ �.UY-� PIPE(TYP). SEE NOTE 2. Ip'y`k.S $U V i �ROOFTOP� ♦♦♦ _ T",jIL _ Q¢$PROPOSED POWER ♦,,♦ 's��� GI11�� � G ROU TING IN FROM EXISTING -S TRANSFORMER.SEE ♦♦♦♦♦♦ `•�' � m F'�gx♦ UTILITY NOTES ON C-1 >,♦♦ EXISTING WALKWAY + ��e1pecrnr6er S,2019 FOR DETAILS. ♦♦♦♦♦ 9 12405-19 C0N5TRUCT10N 8 1 1-1 1-19 CON5TRUCrION ♦♦♦♦♦♦� ```� 7 II-01-19 CON5TRUCTI0N PROPOSED VEGETATION. `♦ SEE SHEETS L-1 &L-2 6 01-24-19 CONSTRUCTION ♦♦ FOR DETAILS, / REV DATE ISSUED FOR: ♦ PROPOSED WALL-MOUNTED DRAWN BY:5AM CHECKED BY: 5CB 4 EQUIPMENT. SEE SHEET C-2 FOR DETAILS. SHEET TITLE: UTILITY LAYOUT SHEET NUMBER: raji UTILITY LAYOUT 0 20 4p �*_1 A f1SCALE: 1"=20' SCALE IN FEET 20 NOTE: PLANS PREPARED FOR; � 9 PROPOSED BETA SECTOR SLED MOUNT TO 1 PROPOSED POWER ROUTING. Yerizon� BE CENTERED ABOVE EXISTING TRUSS. SEE SEE SHEET C-1 FOR DETAILS, APPENDIX FOR MOUNTING DETAILS. 1 1 1 PROPOSED (2)2" 1 8921 Research Drive CONDUIT WITH MULE TAPE 1 1 PROPOSED VEGETATION. SEE Charlotte, FOR FIBER. SEE SHEET 1 1 (704)51NC 26262 9-9957 1 1 SHEETS L-1 &L-2 FOR � C-1 FOR DETAILS. 1 DETAILS. Eg PROJECT INFORMATION: PROPOSED WALL—MOUNTED j PROPOSED EQUIPMENT VZW SITE NAME: SMC EQUIPMENT. SEE SHEET 11 FENCE. C-2 FOR DETAILS. SEE SHEET C-10 ORANGE COUNTY v �1 FOR DETAILS. SPORTS COMPLEX 1 101 MEADOWLANDS DRIVE HILLSBOROUGH• NC 27278 (ORANGE COUNTY) ® PLANS PREPARED BY: ROOFTOP GAS LINE r VENT(TYP) DISH ANTENNA BY '1 AOTHERS HVAC EQUIPMENT •�• (TYP) RAN.1 i' k •� PARAPET TOWER ENGINEERING PROFESSIONALS 326 TRYON ROAD 1' RALEIGH,NC 27603-3530 OFFICE:(919)661-6351 ow— www•Ie oup,n •i• NC LICE PE t79 1, 1 SEAL: 111 � �■ L � PROPOSED COAX ROUTING FROM WALL—MOUNTED EQUIPMENT TO 4 ' PROPOSED ANTENNA(TYP), SEE Q SEAL 'r} SHEET C-5 FOR DETAILS. ® _ I 033734 r PROPOSED ROOFTOP Glp (Py ,�f,}(Vy CABLE TRAY(TYP). SEE 4 GIN,,' SHEET C-6 FOR DETAILS. P�0■�■r PROPOSED SLED MOUNT IINII4sio'em6er5,2019 6" WITH CONCEALMENT SHROUD (TYP OF 3). SEE 6 9 I2-05-15 CON5TFUCTION cq APPENDIX FOR DETAILS. 8 I I_I I_I9 CON5TRUCTION SEE NOTE. .>IN, 7 I1-0I-19 C0N5TFU_7I0N ALPHA 6 0I-24-19 C0N5TFUCTI0I`I 105' REV DATE ISSUED FOR: DRAWN BY:5AM CHECKED BY: sce LSHEET TTLEr PROPOSED SLED—MOUNTED ANTENNA g ` (TYP OF 3). SEE SHEET i! ROOFTOP LAYOUT C-5 FOR DETAILS, SHEET NUMBER: REVISION: ROOFTOP LAYOUT o zo ao ^�� � 9 SCALE: 1" = 20' SCALE IN FEET V TEPp: 53172 21 PLANS PREPARED FOR: NOTES:_ 1. SITE PLAN SHOWN BELOW WAS REPRODUCED FROM INFORMATION verizonv PROVIDED BY ORANGE COUNTY GIS MAPS. CONTRACTOR TO VERIFY ALL EXISTING INFORMATION IS AS INDICATED ON SITE PLAN. CONTRACTOR IS TO ESTABLISH THE EXISTENCE AND LOCATION OF 8921 Research Drive ALL EXISTING UNDERGROUND AND OVERHEAD UTILITIES. IMMEDIATELY Charlotte,NC 28262 NOTIFY THE CONSTRUCTION MANAGER OF ANY DISCREPANCIES. (704)519-9957 2. EXISTING INFORMATION INDICATED ON THE SITE PLAN SHOWN WAS PROJECT INFORMATION: REPRODUCED FROM MAPS PROVIDED BY ORANGE COUNTY. TEP DOES/R NOT GUARANTEE, OR ENSURE THE PRECISION, ACCURACY OR VZW SITE NAME: SMC CORRECTNESS AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ORANGE COUNTY DAMAGES, LOSS OF REVENUE, OR INJURY THAT MIGHT OCCUR. PROPOSED WOOD FENCE WTH 3' MAN SPORTS COMPLEX GATE TO SCREEN WALL—MOUNTED 101 MEADOWLANDS DRIVE EXISTING HVAC EQUIPMENT. SEE SHEET C-4 FOR HILLSBOROUGH,NC 27278 EQUIPMENT DETAILS. FINISHED SLATS TO FACE OUTWARD TOWARD ROAD. (ORANGE COUNTY) PROPOSED VEGETATION. PLANS PREPARED BY: SEE SHEETS L-1 &L-2 PROPOSED VERIZON 100A FOR DETAILS. OUTDOOR RATED NEMA 3 POWER PANEL BY EATON (P/N: CH22B10OR).SEE `I SHEET E-2 FOR DETAILS, 0PROPOSED FIBER TO PROPOSED WALL—MOUNTED IN, SOURCE. SEE SHEET TRANSFORMER. SEE SHEET 0 C-1 FOR DETAILS.� E-2 FOR MORE DETAILS. �\ x 7 0'f i+•s� TOWER ENGINEERING PROFESSIONALS PROPOSED WALL—MOUNT r x 326 TRYON ROAD RADIO CAGE. SEE SHEET f1 + PROPOSED WALL—MOUNTED C-4 FOR ELEVATION. m k + x METER&DISCONNECT.SEE RALEGH,NO 27603-3530 + SHEET C-4 FOR ELEVATION. OFFICE:(919)661-63 WWW.fepgr pn r NC LICE 7 r EXISTING DRAINAGE + SEAL: DOWNPIPE(TYP) r i • C 0,111 r T irk . 0 �9 + r 1 PROPOSED UNDERGROUND POWER { !�i^�1 7'I i ROUTING FROM EXISTING 277/480V 2 �7GJSL . TRANSFORMER TO PROPOSED + CUSTOMER OWNED CT CABINET. SEEFfl38 EXISTING EXISTING GAS LINE r SHEET C-1 FOR DETAILS.ROOFTOP yk VG�N^��'r" � i PROPOSED CT CABINET BYrrM��� 4?ecera5er5,2°79 1 EATON (P/N: 303614 RTCT). 1 SEE UTILITY NOTES ON C-1 9 12-09-19 CONSTRUCTION 1 AND APPENDIX FOR DETAILS. g I I-I I-19 CONSTRUCTION I 1 7 I I-01-15 CONSTRUCTION G 0I-24-I9 CONSTRUCTION i REV DATE ISSUED FOR: PROPOSED COAX ROUTING FROM PROPOSED RRU TO DRAWN BY:SAM CHECKED BY: SCa PROPOSED ANTENNA. SEE SHEET TITLE: SHEET C-1 FOR DETAILS. Ji PROPOSED ROOFTOP '� CABLE TRAY. SEE EQUIPMENT LAYOUT SHEET C-6 FOR DETAILS, i SHEET NUMBER: REVISION: EQUIPMENT LAYOUT ° 4 e j 9 SCALE; Y4" = 1'—O" SCALE IN FEET v LL TEPH: E3172 22 NOTES: PLANS PREPARED FOR: 1. ALL PROPOSED EQUIPMENT TO BE PAINTED TO ■ MATCH EXISTING Aar verizon,' 2 THE DRAWING IS ONLY A GRAPHIC REPRESENTATION OF THE STRUCTURE. CONDITIONS IN THE FIELD MAY 8921 Research Drive VARY. _ Charlotte,NO 28262 _ (704)519-9957 3. ALL PROPOSED EQUIPMENT TO BE MOUNTED PER PROJECT INFORMATION: MANUFACTURER'S SPECIFICATIONS. _ y�—� _ VZW SITE NAME: SMC �I ORANGE COUNTY SPORTS COMPLEX 101 MEADOWLANDS DRIVE HILLSBOROUGH,NC 27278 (ORANGE COUNTY) PLANS PREPARED BY: PHOTO OF BUILDING ELEVATION SCALE: N.T.S. TOWER ENGINEERING PROFESSIONALS 326 TRYON ROAD PROPOSED VERIZON SLED RALEIGH.NO 03-3530 MOUNTED ANTENNA WITH OkFE�(9 ) 1-6351 CONCEALMENT CANNISTER (TYP OF 3). SEE SHEET C-5 le m net FOR DETAILS. NEN E -1794 3g'_10•* PROPOSED SLED MOUNT SEAL: AN PPVRTENANCE WITH CONCEALMENT SHROUD tttl�t t tt���h (TYP OF 3). SEE APPENDIX FOR DETAILS.ROPOSmSEALTENNAS }TC �T�'k-162-11 ______________—_ 033734 J = ET '�G� C0� iGINOF d/ M.0FTOP �i� Nt � Vie,-6er S,2019 e 12-05-1e CONSTP.ULTgN 0'-0"3 (REFERENCE) 5 11-11-15 CON5TRUCT101J EXISTING GRADE — — — — — — — — — — — — — — — — — — — — — — — — — _ 7 -OI-IS COIISTPLCTION =III-111=III-1�-1 I I-1 I I=1 I I=111=11=ll1=11=1 I I=1=I 11=III=1 11=1 11=I 11=III=I 11=1 11=1 11=I 11=1 I I=1 11=1 I I—III—III—III—III—III—I 11=III—III—III 11=1—III—III—III—III—III—III—I 11=1 I I—III—III—I 11=I 11=1 11-11' Ill=W=1 I L—I I Id 11=II I—L=1I1-1=II I— =1I 1=1=W=L1=1 11=1�=1 11=1 11=1I 1=1I 1=1=W=1 I1=1 11=1I 1=1 11=1 11=1�=1I 1=1�I1=1 I1=1I 1=1=1 I1 =1I H I 1=1 I1=1 I=1I 1=1 11=1 11=1 I1=1 11=1 I I�I'= 6 01-24-19 C0K5TRUGn0W "I—III=III=III=III=III—III—III—III—III-1=III=III=III=III=III=�=III=III=III=III—n—u—w—III-III-III-11111 L—III=III=III=III 11—III=III=11L— _�=III=III=III—III I_I11= REV 7ATE ISSUEti F]Ir —111_llf�111LI-lll-fif-lff-lfl-fll-lll=llI=LL1=ll1=lll=lll=lLl-111='�'— --—111= f lll=ll1�11-111-1�ll—lll— �11-1LI LLI 111-1LI-111-1�L�L -11 IIiTj1 LITII1111111 II II II II 1L-1 III—"' "1-1I 1-1I it II IlIT� IT, II II III-1 _ — — — DRAWN BY:SAM CHECKED BY: SCe SHEET TITLE: BUILDING ELEVATION SHEET NUMBER: REVISION: BUILDING ELEVATION (WESTERN VIEW) G+_'? 9 SCALE., ,. - J TEAk T9472 23 NOTES: PLANS PREPARED FOR: } r� = 1 MATCH EOPOSED EQUIPMENT TO BE PAINTED TOXISTING ■ 2, THE DRAWING IS ONLY A GRAPHIC REPRESENTATION 1 verizon OF THE STRUCTURE. CONDITIONS IN THE FIELD MAY 8921 Research Drive VARY. Charlotte, NC 28262 (704)519-9957957 3. ALL PROPOSED EQUIPMENT TO BE MOUNTED PER PROJECT INFORMATION: MANUFACTURER'S SPECIFICATIONS. EXISTING DRAINAGE D PE VZW SITE NAME: SMC OWNPI 4 WOODEN VEGETATION FENCE. SEE PLACED SHEETS AL-1 N& PROPOSED WOODENEXISTING HVAC EQUIPMENT ORANGE COUNTY LANDSCAPING DETAILS. SPORTS COMPLEX 1 ( 101 MEADOWLANDS DRIVE 1 HILLSBOROUGH,NC 27278 i (ORANGE COUNTY) I 1 PLANS PREPARED BY: I 1 I 1 11 1 I 1 1 � t i PROPOSED WALL MOUNT � PHOTO OF EQUIPMENT LOCATION D COVERE COAX KIT(SITE PRO 1 PART C SCALE- N.T.S. PROPOSED COAX ROUTED ALONG TOWER ENGINEERING PROFESSIONALS 17'-0"f 1__ BUILDING WALL TO PROPOSED 326 TRYON ROAD ROOFTOP ANTENNAS, SEE SHEET RALEIGH,NO 27603-3530 C-1 FOR DETAILS. OFFICE:(919)6 -6351 PROPOSED VERIZON 100A I I6P9! p. I OUTDOOR RATED NEMA 3 POWER PANEL BY EATON PROPOSED WALL-MOUNTED RADIO (P/N: CH2213100R) — CAGE TO HOUSE RRU. SEE SHEET NC S 1794 1 „Ill II C-7 THROUGH C-9 FOR DETAILS.II II II II II II II',II SEAL: PROPOSED WALL-MOUNTED 1 ,I'.1I NHI 1 25KVA TRANSFORMER, SEE I .`i '' 'I'll , II••'4 SHEET E-2 FOR DETAILS. 11I —PROPOSED WOOD FENCE WITH 3' �. `I1 MANGATE TO SCREEN PROPOSED •�,�/ .y SI WALL-MOUNTED EQUIPMENT. SEE SHEET Ft I C-10 FOR DETAILS.FINISHED SLATS TO Q 1� FACE OUTWARD TOWARD ROAD. f S' �} � I { �i % f'�j PROPOSED REMOTE UNIT ON Ci+.F7 �r�y�' r - -1 .J 1 I I• •,p UNISTRUT. SEE SHEET C-6 I� f( <4 FOR DETAILS. 'gyG�INE�J'OQ',� PROPOSED 2 2" FIBER CONDUIT �•/h11N1NN1 - r I r•C� {[^J•,li WITH MULE TAPE TO PROPOSED sec nt6cr5,,2019 HANDHOLE. SEE SHEET C-1 FOR p DETAILS. 9 12-06-19 CONSTKUCTION 8 II-II-19 CO115T1.11TION I 7 II-0I-19 C75TRUCTION A7 �/ / / 9 / / ���/ / / / / % jA��A�A��7\�A/ / s 0f-24-I9 coNSTRuaION PROPOSED CT CABINET BY M10 APPENDIX FOR DETAILS. /AAA/AA/ /AAA/AA \ /APROPOS D\WALL-MOUNTED\// /VA// / 11 //�\/ ��\/�//�//�//� DRAWN BY:5AM CHECKED BY: 5C5 PR PO POSED /POWER � �METER&DISCONNECT.SEE %/\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\/ SHEET TITLE: ROUTING FROM EXISTING 277/48— <1 \�\\�\\ \j�j�E T E7 jj\�E A�� EQUIPMENT TRANSFORMER TO PROPOSED �/ / /\/ /\/\/\/\/\/\ \/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/ SHEEOMC Rl WMNED CT CA ELEVATION SHEET NUMBER: REVISION: EQUIPMENT ELEVATION 0 4 e ILc-4SCALE: Y." = 1'-O" SCALE IN FEET TEP�: 83172 24 This instrument prepared by and after recording return to: Patrick C.Pope,Esq Baker,Donelson,Bearman,Caldwell&Berkowitz,PC Direct Dial:615.726.5751 Baker Donelson Center,Suite 800 211 Commerce Street, Nashville,'IN 37201 prepared under the supervision of North Carolina licensed attomey STATE OF NORTH CAROLINA ) } COUNTY OF ORANGE } MEMORANDUM OF LEASE AGREEMENT THIS MEMORANDUM, made this day of , 24 , between Orange County,North Carolina,with a mailing address of PO Box 8181, Hillsborough,North Carolina,27278, hereinafter designated "Lessor" and Cellco Pnrtnership dlbla Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge,New Jersey 07920, hereinafter designated"Lessee". L Lessor owns the property located at 101 Meadowland Drive, Hillsborough, North Carolina, being more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"). 2. Lessor and Lessee entered into a Lease Agreement of even date herewith (the "Agreement"). The Agreement has a term of five(5)years. The Agreement may be extended for one(1) additional five(5)year term. Lessee Site Name.SMC GRNGECNTY SPORTSPLX 1 Lessee Site No.: 394388T 4845-7199-1642v2 3000OOt-161524 25 3. Subject to the terms and conditions set forth in the Agreement, Lessor has leased to Lessee certain space (the "Premises") on the Property, and on and within the building located on the Property for the installation, operation and maintenance of communications equipment, 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 and in and through such building to and from the Premises for the purpose of installation,operation and maintenance of Lessee's communications facility 4. Lessee has the right of first refusal to obtain a communications easement under the Premises during the initial term and all renewal terms of the Agreement. 5. Copies of the Agreement are on file in the offices of Lessor and Lessee. 6. The terms, covenants and provisions of the Agreement, of which this is a Memorandum, shall extend to and be binding upon the respective administrators, successors and assigns of Lessor and Lessee. [Remainder of Page Intentionally Left Blank] Lessee Site Name:SMC ORNGECNTY SPORTSPLX l Lessee Site W:394388� 4845-7199-1642v2 3000001-101524 26 IN WITNESS WHEREOF, Lessor and Lessee have caused this Memorandum to be duly executed on the day and year first written above. LESSOR: Orange County,North Carolina By: Name: Title: LESSEE: Celleo Partnership dlhla Verizon Wireless By: Abhijit Apte Senior Manager Real Estate Network Lessee Site Name: SMC ORNGECNTY SP0RTSPLX 1 Lessee Site No.:3943884 4845-7199-1642v2 3000001-101524 27 STATE OF COUNTY OF Before me, the undersigned officer, personally appeared with whom I am personally acquainted (or whose identity was proven to me on the basis of satisfactory evidence), who acknowledged himself/herself to be the of Orange County, North Carolina, and affirmed that, being duly authorized, he/she executed the foregoing instrument on behalf of Orange County,North Carolina for the purposes therein contained. Witless my hand and seal this day of ,20 NOTARY PUBLIC My Commission Expires: [SEAL] Lessee Site Name:SMC ORNGECNTY SPORTSPLX 1 Lessee Site No.:394388T 4845-7199-1642v2 3000001-101524 28 STATE OF NORTH CAROLINA } COUNTY OF MECKLENBURG } Before me, the undersigned officer, personally appeared Abhijit Apte, with whom I am personally acquainted (or whose identity was proven to me on the basis of satisfactory evidence), who acknowledged himself to be the Senior Manager Real Estate Network of Celleo Partnership dlhla Verizon Wireless, and affirmed that,being duly authorized,helshe executed the foregoing instrument on behalf of Cellco Partnership dlbla Verizon Wireless for the purposes therein contained. Witness my hand and seal this day of ,20 NOTARY PUBLIC My Commission Expires: [SEAL] Lessee Site Name: SMC ORNGECNTY SPORTSPLX_1 Lessee Site No.:394388 4845-7199-1642v2 3000001-101524 29 EXHIBIT A Property located in Orange,SIC That certain parc el.of land located in the:Town of Hillsborough and Hillsborough Township,Orange County, North Caralina and being More particularly described as follows: SEGINMNG at a pin set at the intersection of southern edge of the 60-foot wide right-of-►vay of U3 S-70, and the eastem edge of the 60400t Vide right-of-quay of mead owl ands Drive,said pin set being the northern most comer of"Lot 1"as shown on a reap recorded in Plat Book 70,Page 178,Orange County Registry;runs thence from raid paint and place of beginning with the said southern edge of the right-of-may of U.5.70 South 66°12'36" East 22 2.3 8 feet to a pin seta rams thence continuing%vith said southern edge ofthe right of way of U.S.7osouth 67°17'15"East 224.35 feetto an existing iron in the wes`„ern line of that certain parcel now or formery belonging to Carter,thence leaves said right-of-way and runs with the western line of that certain parcel now or formerly beIangingto Carter South 04'33'05"West 296.84 feet to an existing iron at a fence corner in the southwest comer of said Carter parcel;runs thence with the southern line cf the aforementioned Carter property the follovring two courses and distances(1).South aG*05'01"East 4.07 feet to an existing Iran,and(2)South 74'01' 45" East 202.32 feet to an existing iron in the southeast corner of the Carter property and the southwest cornerof certain property now or formerly bel❑ngingto.Jeff Woods;runs.the ace with the southern line of the aforementioned leff Woods parcel South 74a 01'45"East 99.50 feet to a pin set in the western line of"Lot B;"now or formerly belonging to Meadowlands Associates,as shown on a map recorded in Plat Boo k85,Page 35,Orange County Registry,,runs thence with the boundary line of said "Lot B"the fallowing six[purses and distances:(1)South 38°48'0V West 561.88 feet to a pin set;(2) South 89'45'00'West 69-10 feet to a pi n set;(3)South 50°44'07"Nest 84.77 feet to a pin set;(4) N orth 850 51'21"West 72.62 feet to a pi n sets(5j North 77°32'04"West 5 6.06 feet to a pin set;and JQ N orth 70°20'W West 49.53 feet to a pi n set;runs thence North 52°23'22"West 67.48 feet to a pin set;runs thence North 75'57'06"West 53.46 feet to a pin set;runs thence South 77°27'37"West 143.34 feet to an existing iron;runs thence North 83°48'26"West.127-62 feet to an existing iron;runs thence North 56°53'05"West 93.79 feet to an existing iron;runs thence North 27°4B'47"West 157.04 feet to a pin set;roans thence North 13a 00'27"West 104.68 feet to a pin set;runs thence along and with a curve to the right having a radius of 55M feet,an arc Iength of 1a2.26 feet,a chord hearing of North 38°22'13" East and a chord distance of 8E.16 feet to a pin set;runs thence South 88°71'52" East 129.82€eet to a pin set;nuns thence along and with a curve to the left having a radius of 246.95 feet,an arc length of 162.81 feet,a,chord bearing of North 40"19'56"East a chard distance of 1.59.87 feet to a pin set,runs thence along and with a.curve to the right halving a radius of 1110.70 feet,an arc length of 75.83 feet,a chord bearing of North 23°2T 37"East a chord distance of 76.81 feet to a pin set;runs thence North 51a 49'45"West 3 1.3 5 feet to a pin set in the eastern edge of the Gil-foot Imde right-of-way of Meadowlands Drive,ruas then re with the eastern edge cif said right-of-way the foil owing four courses and distances:(1)along and with a curve to the left having a radius of 405-Oil feet an arc length of 100-38 feet,a chord bearing of North 3V 04 14"East a chord distance of 100.12 feet to a pin seat,(2j North 23'58'12"East 47.58 feet to a pi€?set;(3).North 270 00'€17"East 135-54 feet to.a pin set,and(4}North 33°36'11'East 189.52 feet to a gin set,the paint and place BEGiNN1NG,and being all of Lot"1"as shown on map recorded in Plat Book 70,Page 178,Orange County Registry,save and except that certain property conveyed by Deed recorded in Book 2043,Page 245,Grange County Registry.For further reference,see that certain map recorded in Plat Rook 85, Page 35,Orange County Registry. Lessee Site Name: SMC ORNGECNTY SPORTSPLX 1 Lessee Site No.:394388� 4945-7199-1642v2 3000001-101524 30 AND BEING the same prop"conveyed to Grange County,North Carolina,a North Carolina body pokitic and corporate entity from RT HoIdtngs, LLC,a North Carolina limited liability company by North Carolina Specia[Warranty Deed dated December 15,2005 and recorders December 15,2005 in deed Book RB3933,Page 3D7_ Tax Parcel.No.9974711038 Lessee Site Name: SMC ORNGECNTY SPORTSPLX 1 Lessee Site No.:394388� 4845-7199-1642v2 3000001-101524 31 Attachment 3 This Instrument Prepared By And Upon Recording MAIL To: Patrick Pope,Esq. Baker,Donelson,Bearman,Caldwell&Berkowitz,PC 211 Commerce Street, Suite 800 Nashville,TN 37201 STATE OF NORTH CAROLINA ) COUNTY OF ORANGE ) NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS NON-DISTURBANCE AND ATTORNMENT AGREEMENT ("Agreement") is made this day of , 20 , by and among Cellco Partnership d/b/a Verizon Wireless, a Delaware general partnership, with its principal office at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"), Orange County, North Carolina, with a mailing address of PO Box 8181, Hillsborough, North Carolina 27278 (collectively, "Lessor"), and Sterling National Bank, whose address is 1412 Broadway, 7th Floor,New York,New York 10018, Attention: NYC Team 114 ("Lender"). RECITALS: A. Lessor is the owner of certain property located at 101 Meadowlands Drive, Hillsborough, Orange County, North Carolina (the "Property"), more particularly described in the attached Exhibit "A". B. Lessor and Lessee have entered or intend to enter into a Lease Agreement (the "Lease"), by which Lessor will lease to Lessee certain space on the Property and grant to Lessee certain access rights (the "Premises"). C. Lender is the holder of the following mortgage instruments executed by Lessor, which encumber the Property: SITE NAME/No.: SMC_0RNGECNTY_SPRTSPLX_1/394388 4841-9003-4267 v1 3000001-101524 02/01/2018 32 Deed of Trust and Security Agreement dated June 14, 2017, and recorded in Book R136319, Page 169 (the "Mortgage"), in the Register of Deed's Office for Orange County,North Carolina(the "Register's Office"); AGREEMENT: NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. So long as the Lessee is not in default in the performance of any of the terms of the Lease beyond applicable notice and cure periods, the parties agree that if Lender, or any other party, succeeds to the interest of Lessor under the Lease ("Lessor's Successor") by foreclosure, or by acquisition of title to the Property in lieu of foreclosure, or otherwise, pursuant to any rights granted to Lender, in any case pending pursuant to 11 U.S.C. §101 et seq., or any action taken under the Mortgage by Lender, or if Lender exercises the rights granted to it by any assignment (any such occurrence being referred to herein as an "Attornment Event"), the Lessee shall be bound to Lessor's Successor under all of the terms of the Lease for the balance of the term thereof remaining, and any extension or renewal terms thereof, with the same force and effect as if Lessor's Successor was the lessor under the Lease, and the Lessee shall attorn to Lessor's Successor as its lessor, such attornment to be effective and self-operative, without the execution of any further instruments on the part of any of the parties hereto, immediately upon the Lessor's Successor succeeding to the interest of the Lessor under the Lease. Notwithstanding anything herein to the contrary, the Lessee shall be under no obligation to pay rent or other costs, if any, which may be due Lessor pursuant to the terms of the Lease to the Lessor's Successor until the Lessee receives written notice from the Lessor's Successor that it has succeeded to the interest of the Lessor under the Lease. The respective rights and obligations of the Lessee and Lessor's Successor upon such attornment shall, to the extent of the then remaining balance of the term of the Lease and any extension or renewal thereof, be the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth at length herein. 2. Subject to Lessee's attornment to Lessor's Successor pursuant to Section 1 above, upon the occurrence of an Attornment Event, so long as Lessee is not in default in the performance of any of the terms of the Lease beyond applicable notice and cure periods, Lessor's Successor shall not affect or disturb Lessee's right to possession, use and enjoyment of the Premises, shall be bound to the Lessee under all of the terms of the Lease for the balance of the term thereof remaining and any extension or renewal terms thereof with the same force and effect as if Lessor's Successor was the lessor under the Lease, and shall perform each and every one of the obligations of Lessor thereunder. In no event shall the Lessor's Successor be liable for any act or omission of any prior lessor, be subject to any offsets or defenses which the Lessee might have against any prior lessor, or be bound by any rent or additional rent which may be due Lessor pursuant to the terms and provisions of the Lease which the Lessee might have paid to any prior lessor for more than the current month. 3. Lender understands, acknowledges and agrees that notwithstanding anything to the contrary contained in the Mortgage and/or any related financing documents, including, 2 4841-9003-4267 v1 3000001-101524 02/01/2018 33 without limitation the Assignment of Rents and any associated UCC-1 Financing Statement, Lender shall acquire no interest in any fixtures, equipment and/or other property owned or leased by Lessee and now or hereafter located on or affixed to the Premises or any portion thereof except to the extent, if any, set forth in the Lease or to the extent owned by Lessor. Lender hereby expressly waives any interest which Lender may have or acquire with respect to fixtures, equipment and/or other property owned or leased by Lessee which is now, or hereafter, located on, or affixed to, the Premises or any portion thereof, except to the extent, if any, set forth in the Lease or to the extent owned by Lessor, and Lender hereby agrees that same do not constitute realty regardless of the manner in which same are attached or affixed. 4. So long as the Lessee is not in default in the performance of any of the terms of the Lease beyond applicable notice and cure periods, in no event whatsoever shall Lender or Lessor disturb the rights to possession, use and enjoyment of Lessee in and to the Premises, nor shall the rights granted by the Lease be affected in any manner whatsoever, nor the obligations of the parties thereunder be modified or amended in any way, notwithstanding any foreclosure or proceeding in lieu thereof affecting the Premises, whether or not Lessee is made a party thereto. Each of Lessor and Lender agrees that it will not oppose, in court or otherwise, any position taken or argument or claim made by Lessee or Lessor, as the case may be, that the Lease is an unexpired lease of real property (as such term is used in 11 U.S.C. §365(h) or any successor statute). 5. The rights and obligations hereunder of the Lessee, Lessor and the Lender shall bind and inure to the benefit of their respective successors and assigns. This Agreement is intended by the parties hereto to be an amendment to the Lease and the provisions hereof shall supersede any inconsistent provisions contained in the Lease. 6. Lender hereby consents to the execution and delivery of the Lease and further agrees to the terms and conditions of this Agreement. 7. This Agreement shall automatically expire upon the occurrence of either of the following: (i) the term of the Lease expires or the Lease is terminated, or (ii) the loan secured by the Mortgage is paid in full by the Lessor such that neither Lender nor anyone claiming by or through Lender has any interest in the Property and the Mortgage is released of record. [Signatures appear on following page] 3 4841-9003-4267 vl 3000001-101524 02/01/2018 34 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year as first indicated above. LENDER: Sterling National Bank By: Printed Name: Title: LESSOR: Orange County, North Carolina By: Printed Name: Title: LESSEE: Cellco Partnership d/b/a Verizon Wireless By: Niraj Patel Director-Network Field Engineering 4 4841-9003-4267 v1 3000001-101524 02/01/2018 35 LESSOR ACKNOWLEDGMENT STATE OF ) COUNTY OF ) Before me, the undersigned officer, personally appeared , with whom I am personally acquainted (or whose identity was proven to me on the basis of satisfactory evidence), who acknowledged himself/herself to be the of Orange County, North Carolina, and affirmed that, being duly authorized, he/she executed the foregoing instrument on behalf of Orange County, North Carolina for the purposes therein contained. WITNESS my hand and official Notarial Seal, this day of , 20 Notary Public My Commission Expires: [SEAL] LENDER ACKNOWLEDGMENT STATE OF ) COUNTY OF ) Before me, the undersigned officer, personally appeared , with whom I am personally acquainted (or whose identity was proven to me on the basis of satisfactory evidence), who acknowledged himself/herself to be the of Sterling National Bank, and affirmed that, being duly authorized, he/she executed the foregoing instrument on behalf of Sterling National Bank for the purposes therein contained. WITNESS my hand and official Notarial Seal, this day of , 20 Notary Public My Commission Expires: [SEAL] 5 4841-9003-4267 v1 3000001-101524 02/01/2018 36 LESSEE ACKNOWLEDGMENT STATE OF NORTH CAROLINA ) COUNTY OF MECKLENBURG ) Before me, the undersigned officer,personally appeared Niraj Patel, with whom I am personally acquainted(or whose identity was proven to me on the basis of satisfactory evidence),who acknowledged himself to be the Director - Network Field Engineering of Cellco Partnership, and affirmed that, being duly authorized, he executed the foregoing instrument on behalf of Cellco Partnership d/b/a Verizon Wireless, for the purposes therein contained. WITNESS my hand and official Notarial Seal,this_day of , 20 Notary Public My Commission Expires: [SEAL] 6 4841-9003-4267 v1 3000001-101524 02/01/2018 37 EXHIBIT "A" Property located in Orange County, North Carolina, described as follows: Tract 1 S orts lex P ert -, PIN 9874-71-1038 BEGINNING AT A PIN SET AT THE INTERSECTION OF SOUTHERN EDGE OF THE 60-FOOT WIDE RIGHT-OF-WAY OF U.S. 70, AND THE EASTERN EDGE OF THE 60- FOOT WIDE RIGHT-OF-WAY ❑F MEADOWLANDS ❑RIVE, SAID PIN SET BEING THE NORTHERNMOST CORNER OF "LOT 1" AS SHOWN ON A MAP RECORDED IN PLAT BOOK 70, PAGE 178, ORANGE COUNTY REGISTRY, RUNS THENCE FROM SAID POINT AND PLACE OF BEGINNING WITH THE SAID SOUTHERN EDGE OF THE RIGHT-OF-WAY OF U.S. 70 SOUTH 66 DEG. 12 MIN. 36 SEC, EAST 222.38 FEET TO A PIN SET; RUNS THENCE CONTINUING WITH SAID SOUTHERN EDGE OF THE RIGHT-OF-WAY OF U.S. 70 SOUTH 67 DEG. 17 MIN 15 SEC EAST 224.35 FEET TO AN EXISTING IRON IN THE WESTERN LINE OF THAT CERTAIN PARCEL NOW OR FORMERLY BELONGING TO CARTER; THENCE LEAVES SAID RIGHT-OF-WAY AN❑ RUNS WITH THE WESTERN LINE OF THAT CERTAIN PARCEL NOW OR FORMERLY BELONGING TO CARTER SOUTH 04 DEG. 33 MIN 05 SEC. WEST 296.84 FEET TO AN EXISTING IRON AT A FENCE CORNER IN THE SOUTHWEST CORNER OF SAID CARTER PARCEL; RUNS THENCE WITH THE SOUTHERN LINE OF THE AFOREMENTIONED CARTER PROPERTY THE FOLLOWING TWO COURSES AN❑ ❑ISTANCES (1) SOUTH 80 DEG. 05 MIN 01 SEC EAST 4.07 FEET TO AN EXISTING IRON, AND (2) SOUTH 74 ❑EG. 01 MIN 45 SEC, EAST 202.32 FEET TO AN EXISTING IRON IN THE SOUTHEAST CORNER OF THE CARTER PROPERTY AND THE SOUTHWEST CORNER OF CERTAIN PROPERTY NOW OR FORMERLY BELONGING TO JEFF WOODS; RUNS THENCE WITH THE SOUTHERN LINE OF THE AFOREMENTIONE❑ JEFF WOODS PARCEL SOUTH 74 DEG. 01 MIN 45 SEC. EAST 99.50 FEET TO A PIN SET IN THE WESTERN LINE OF "LOT B", NOW OR FORMERLY BELONGING TO MEADOWLANDS ASSOCIATES, AS SHOWN ON A MAP RECORDED IN PLAT BOOK 85, PAGE 35, ORANGE COUNTY REGISTRY; RUNS THENCE WITH TI IE BOUNDARY LINE OF SAID "LOT B"THE FOLLOWING SIX COURSES AND DISTANCES: (1) SOUTH 38 ❑EG. 48 MIN 06 SEC. WEST 561.88 FEET TO A PIN SET; (2) SOUTH 89 DEG. 45 MIN 00 SEC WEST 69.10 FEET TO A PIN SET; (3) SOUTH 50 ❑EG. 44 MIN 07 SEC. WEST 84.77 FEET TO A PIN SET; (4) NORTH 85 DEG. 51 MIN 21 SEC. WEST 72.62 FEET TO A PIN SET; (5) NORTH 77 DEG. 32 MIN 04 SEC WEST 56.06 FEET TO A PIN; AND (6) NORTH 70 ❑EG. 20 MIN 36 SEC. WEST 49.53 FEET TO A PIN SET; RUNS THENCE NORTH 52 DEG. 23 MIN 22 SEC WEST 67.48 FEET TO A PIN SET; RUNS THENCE NORTH 75 DFG. 57 MIN 06 SEC WEST 53.46 FEET TO A PIN SET; RUNS THENCE SOUTH 77 ❑EG. 27 MIN 37 SEC. WEST 143.34 FEET TO AN EXISTING IRON; RUNS THENCE NORTH 83 DEG. 48 MIN 26 SEC WEST 127.62 FEET TO AN EXISTING IRON; RUNS THENCE NORTH 56 DEG. 53 MIN 05 SEC.WEST 93.79 FEET TO AN EXISTING IRON; RUNS THENCE NORTH 27 DEG. 48 MIN, 47 SEC. WEST 157.04 FEET TO A PIN SET; RUNS THENCE NORTH 13 DEG, 00 MIN 27 SEC. WEST 104.68 FEET TO A PIN SET; RUNS THENCE ALONG AND WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 102.26 FEET, A CHORD BEARING OF NORTH 38 DEG. 22 MIN 13 SEC. EAST AND A CHORD DISTANCE OF 88.16 4841-9003-4267 v1 3000001-101524 02/01/2018 38 FEET TO A PIN SET; RUNS THENCE SOUTH 88 DEG. 21 MIN 52 SEC, EAST 129.82 FEET TO A PIN SET; RUNS THENCE ALONG AND WITH A CURVE TO THE LEFT HAVING A RADIUS OF 246.95 FEET, AN ARC LENGTH OF 162.81 FEET, A CHORD BEARING OF NORTH 40 DEG. 19 MIN 56 SEC. EAST A CHOR❑ DISTANCE OF 159.87 FEET TO A PIN SET; RUNS THENCE ALONG AND WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1110.70 FEET, AN ARC LENGTH OF 76.83 FEET, A CHORD BEARING OF NORTH 23 DEG. 25 MIN, 37 SEC. EAST A CHOR❑ DISTANCE OF 76.81 FEET TO A PIN SET; RUNS THENCE NORTH 51 ❑EG. 49 MIN 45 SEC WEST 31.35 FEET TO A PIN SET IN THE EASTERN EDGE OF THE 60-FOOT WIDE RIGHT-OF-WAY OF MEADOWLANDS DRIVE; RUNS THENCE WITH THE EASTERN EDGE OF SAID RIGHT-OF-WAY THE FOLLOWING FOUR COURSES AND DISTANCES: (1) ALONG AND WITH A CURVE TO THE LEFT HAVING A RADIUS OF 405.00 FEET, AN ARC LENGTH OF 100.38 FEET, A CHORD BEARING OF NORTH 31 ❑EG. 04 MIN 14 SEC EAST A CHORD DISTANCE ❑F 100.12 FEET TO A PIN SET; (2) NORTH 23 DEG 58 MIN 12 SEC. EAST 47.58 FEET TO A PIN SET; (3) NORTH 27 ❑EG. 00 MIN 07 SEC, EAST 135.54 FEET TO A PIN SET; AND (4) NORTH 33 DEG. 36 MIN 11 SEC EAST 189.52 FEET TO A PIN SET, THE POINT AND PLACE BEGINNING, AND BEING ALL OF LOT"I" AS SHOWN ON MAP RECORDED IN PLAT BOOK 70, PAGE 178, ORANGE COUNTY REGISTRY, SAVE AN❑ EXCEPT THAT CERTAIN PROPERTY CONVEYED BY DEED RECORDED IN BOOK 2043, PAGE 245, ORANGE COUNTY REGISTRY. FOR FURTHER REFERENCE SEE THAT CERTAIN MAP RECORDED IN PLAT BOOK 85, PAGE 35, ❑RANGE COUNTY REGISTRY. g 4841-9003-4267 vl 3000001-101524 02/01/2018 39 RES-2020-027 Attachment 4 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION LEASING PROPERTY UP TO TEN YEARS Whereas, Orange County owns the Orange County Sportsplex, located at 101 Meadowlands Drive, Hillsborough, NC 27278, comprising approximately 80,903 conditioned square feet (the "Premises"); and Whereas, Cellco Partnership (dba Verizon Wireless) desires to lease certain space on the wall and roof of Sportsplex located at 101 Meadowlands Drive, Hillsborough, Orange County, North Carolina, for the installation, operation and maintenance of communications equipment; and Whereas, Cellco Partnership will pay an annual rent of $1,800 over the course of an initial 5 year term with automatic renewal for one five (5) year term; and Whereas, North Carolina General Statute 160A-272 authorizes the lease of county- owned properties for terms of up to ten years upon resolution of the Board of Commissioners at a regular meeting after thirty days' public notice; and Whereas, in consideration of the annual rent and improved cell service to nearby residents that will be provided by the addition of a cell tower, including those using the County's Sportsplex and Passmore facilities, the Board of Orange County Commissioners desires to lease the necessary space to Verizon Wireless, the required notice has been published and the Board of Commissioners is convened at a regular meeting; NOW THEREFORE BE IT RESOLVED, that the Board of Orange County Commissioners hereby approves the lease of the County property described above to Cellco Partnership, for a term of five years commencing May 1st, 2020 with automatic renewal for up to one five (5) year term, ratifies the signed lease, and directs the execution, registration, and filing of all necessary instruments accordingly. This the 21 st Day of April 2020. Penny Rich, Chair Orange County Board of Commissioners