SITE NAME: Nashua 8 NH
SITE NUMBER: 450292
ATTY/DATE: McLane/August 4, 2021
COMMUNICATIONS TOWER LEASE AGREEMENT
This Agreement, effective as of the later of the dates on which it is signed below (the “Effective
Date’’), is made by and between the City of Nashua, New Hampshire, a body corporate and politic, located
in Hillsborough County, and whose mailing address is PO Box 2019, 229 Main Street, Nashua, New
Hampshire, 03061, hereinafter designated LESSOR, and Cellco Partnership, d/b/a Verizon Wireless, a
Delaware general partnership with its principal office located at One Verizon Way, Mail Stop 4A W100,
Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE.
The LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually
as a “Party”. The Parties make this Agreement with reference to the following facts, which are an integral
part of this Agreement:
A. LESSOR is the owner of the historic Holman Stadium baseball stadium and public park
complex on a certain parcel of property (the entirety of LESSOR’s property is referred to hereinafter as the
“Property”), located at 67 Amherst Street, Nashua, Hillsborough County, New Hampshire. The Property is
shown on the Tax Maps of the City of Nashua as Parcel ID 0063-00052. LESSOR owns and operates
multiple light poles supporting light fixtures to provide nighttime lighting of the baseball field and stadium.
B. LESSEE is a wireless telecommunications carrier that desires to expand and strengthen its
coverage and service in the vicinity of the Property.
C, LESSOR has in the past contracted with one or more other wireless providers to replace
one or more light poles at the Property with poles able to support both light fixtures and wireless
communications equipment.
D. LESSOR and LESSEE have agreed that it would further their respective interests if
LESSOR were to permit LESSEE to (i) replace an existing light pole/stanchion with a 130° monopole style
communications tower (the “Tower’) to be owned by LESSOR; (ii) relocate the existing stadium light
fixture to the new Tower; and (iii) lease space on and adjacent to the Tower for LESSEE’s wireless
communications facility; all in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,
the Parties, intending to be legally bound hereby, agree as follows:
A. Construction Phase
The Parties intend for this Agreement to cover both the short term period of LESSEE’s construction
of the Tower as well as the long term period during which LESSEE will lease a portion of the Tower, and
related rights required for LESSEE’s wireless communications facility. For ease of reference and the
convenience of the Parties, the Agreement is divided into two parts: the Construction Phase and the
Operational Phase. The Construction Phase shall begin as soon as practicable after the Effective Date of
this Agreement and the Operational Phase will begin on the Commencement Date (as defined in Section 3.a.
of the Operational Phase portion of this Agreement). During the Construction Phase, the Parties undertake
as follows:
