HomeMy WebLinkAbout2000-271S Wur DdcvmavleWNNeowWNTowm Levee 401S .Opc6LL .W ftdE
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A TOWER LEASE
AGREEMENT FOR THE ATTACHMENT OF PERSONAL COMMUNICATIONS
SERVICES TRANSMITTING AND RECEIVING EQUIPMENT ON THE BRONCO WATER
TOWER AND THE MCKENNA PARK RADIO TOWER OWNED BY THE CITY, BY AND
BETWEEN THE CITY OF DENTON AND COOK INLETNOICESTREAM OPERATING
COMPANY, L L C , AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute and deliver a Tower
Lease Agreement providing for the attachment of personal communications equipment (PCS)
transmitting and receiving equipment on the Bronco Water Tower and the McKenna Park Radio
Tower owned by the City, by and between the City of Denton, Texas and Cook
Inlet/VoiceStream Operating Company, L L C , in substantially the form of the Tower Lease
Agreement which is attached to and made a part of this ordinance for all purposes
SECTION 2 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of e 2000
Z'C.liG!/rlX/ /v 04--
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
STAT4 OF TEXAS )(
x
COUNTY OF DENTON )(
THIA TOWER LEASE AGREEMENT ("Lease") is entered into as of this - day of
2000 by and between the City of Denton, Texas, a Texas municipal
corporat n ("Lessor") and Cook Inlet/VoiceStream Operating Company, L.L.C. ("Tenant"),
acting by and through VoiceStream PCS BTA I Corporation, its Agent
WHEREAS, Lessor owns and operates several tower sites as part of its public safety and
utilities operations In consideration of the premises and of the mutual obligations and
agreements in tins Lease, Lessor and Tenant do hereby AGREE as follows
i The Lessor is the titleholder of said tower sites listed on Exhibit "A" attached hereto and
made a part of this Lease for all purposes, which tower sites are situated in the County of
Denton, State of Texas ("Lessor's Property") as described on the attached Exhibit "Al" The
parties agree that the legal descriptions of Lessor's Property may be attached as Exhibit "Al",
attached hereto and made a part of this Lease for all purposes, after execution of this Lease
ii Tenant hereby desires to lease certain portions of Lessor's Property and certain portions
of each�of the towers ("Towers") located on Lessor's Property, together with a right of access and
a right to install utilities thereon (the "Premises") The Premises which are the subject of this
Lease are situated substantially as shown on Exhibit "AY, attached hereto and made a part of
this Lease for all purposes, and with respect to the spaces on the Towers, the locations and
orientations are as set forth on Exhibit "AY attached hereto In addition, Tenant shall have the
right to run cables and wires under, over and across Lessor's Property to connect Tenant's
equipment on the Towers to Tenant's equipment in Tenant's facilities located on the Premises in
locations which will be approved by the Lessor through its Assistant City Manager for Utilities
("Director"), which approval shall not be unreasonably withheld Tenant may park its vehicles on
Lessor's Property when Tenant is constructing, maintaining, removing, replacing, and/or
servicing Tenant's communications facilities
iii Lessor and Tenant hereby agree that the Premises (including access rights -of -way thereto
but excluding the spaces on the Towers) may be surveyed by a licensed surveyor at the sole cost
of Tenant, and such surveys shall then replace the descriptions contained in Exhibit "Al" and
become part hereof and shall control to describe the Premises in the event of any discrepancies
between such surveys and the descriptions contained in Exhibit "Al"
iv Lessor leases the Premises to Tenant pursuant to the terms and conditions of this Lease,
on a "non-exclusive" basis as follows
1. Initial Term; Renewal Terms; Annual Rent Increase, Voluntary Termination
(A) The initial term of this Lease shall be ten (10) years, commencing 270 days from the date
on whicVh this Lease is executed by the parties, or at the commencement of construction,
whichever event shall first occur Provided that Tenant is not in default with respect to the terms
and provisions of this Lease at the expiration of the initial ten (10) year term, then Tenant, at
Tenant's option, may renew this Lease, subject to the same terms and provisions as are
applicable for the initial ten (10) year term, for an additional five (5) year renewal term Further
Provided that Tenant is not in default with respect to the terms and provisions of this Lease at the
expiration of the additional five (5) year renewal term, then Tenant, at Tenant's option, may
renew this Lease, subject to the same terms and provisions as the initial ten (10) year term and
the additional five (5) year renewal term, for successive additional one (1) year renewal terms for
up to another five (5) years The parties intend that in no event will this Lease exceed a period of
twenty (20) years in duration
(B ) Tins Lease, throughout its initial term and any renewal term provided for in this
paragraph, provides for an automatic annual rental increase of an additional five percent (5%)
over the immediately preceding year's rental rate, with the first such increase occurring on the
first anniversary of the commencement date of this Lease, and continuing thereafter for each
successive year, for the remainder of the term of the Lease, including all renewals thereof as
provided in this Lease The parties agree that during the sixty (60) day period beginning 120
days before the expiration date of the mitial ten (10) year term, or the five (5) year renewal term,
or any further automatic one (1) year renewal term of this Lease, either party may voluntarily
terminate this Lease by written notice delivered to the other party, which termination shall be
effective upon the expiration date of the applicable initial term, or renewal term, or any further
automatic renewal term provided for by this Lease
2. Premises
(A) Access to each of Tenant's equipment shelters situated on the Prenuses will be available
to Tenant, without Lessor's representative being present, on a 24 hours a day, 7 days a week
basis 'The Lessor grants to Tenant a non-exclusive easement for the term of this Lease for
unrestricted rights of access thereto and to the appropriate source of electric and telephone
facilities, subject to the approval of the Lessor through its Director, whose approval shall not be
unreasonably withheld Access to any site which is considered to be a secured area will require
prior verbal notification to Lessor's representative (or "Hot Line") to be determined by the
Lessor I The telephone number of the 24-hour Hot Line is 940-349-8400
Tower clunbs will require Lessor representation and will be scheduled only after two hours'
notice to the Lessor during normal business hours In the event of emergency access to the
Towers, Tenant will be given the name of a contact person with Lessor who is available 24 hours
a day, 7 days a week Tenant may be assessed a charge for emergency access in an amount equal
to the total expense incurred by the Lessor for representation during such tower climbs
Tenant' will contract directly with a tower climbing crew and will be responsible for all expenses
No tower climbing crew will be permitted on the Towers without prior acceptance by the Lessor
2
Standards for acceptance by the Lessor will include a liability insurance policy in the minimum
amount of $1,000,000
(B ) Equipment Shelter Space Space for four racks will be made available to Tenant at the
site known as "McKenna Park" as specified in Exhibit "A", which is attached to and made a part
of this Lease for all purposes
3 Rent
(A) Rental Payments In consideration of the Lease of the Premises, Tenant agrees to pay
Lessor the rental sums based on the monthly rates set forth in Exhibit "A" for each Tower They
shall be made as follows
1 First year's rent due on execution of this Lease
2 First year's rent shall be calculated on a per-antenna/coax basis at $ 0 66 per foot
for each foot above ground level ("AGL") to antenna centerline
3 Rent is due on the yearly anniversary of the commencement date of this Lease (as
set forth in Paragraph 1 above)
4 On each anniversary of the commencement date of this Lease, the yearly rent
shall be increased by 5% over the immediately preceding year's rental
5 Tenant shall pay to Lessor as additional rental, the sum of $ 250 00 per month for
each and every month that this Lease is in force and effect, representing rental for
the equipment shelter provided by Lessor to Tenant at the McKenna Park Tower
site, as referred to in Paragraph 4 (E ) below
6 All payments shall be payable to Lessor at such address as designated by the
Lessor to the Tenant in the manner for notices set forth in Section 12 of this
Lease
(B ) Late Payments If the yearly rent is not paid by the anniversary date of the
commencement date of this Lease, interest shall accrue at the rate of 1 5% monthly (18%
annually) on all unpaid amounts, subject to Section 8 This late charge is not a waiver of the
Lessor's right to declare the Lease in default if payment of rent is not made when due, or to
pursue any legal or equitable remedies Lessor may have to seek damages or to require specific
performance of the Lease
(C) Other Charges Tenant agrees to pay additional charges, as specified in this Lease, within
30 days following demand Non-payment of additional charges when due shall constitute a
default under this Lease to the same extent as would nonpayment of rent
(D) Utilities Tenant will be responsible for Tenant's utilities at the Premises If provisions
for emergency power are required, Tenant will be responsible for the installation and
maintenance of stand-by generators as required
4. Tenant's Use of Premises
(A) Tenant may use the Premises to construct, remove, replace, service, maintain, secure and
operate is communications facility, including, without limitation, required antenna array (as such
antenna array may be modified, added to, or substituted from time to time) and antenna support
structures, and for any other uses incidental thereto Tenant may construct a fence around the
Premises Each such antenna array or antenna support structure may be configured as requested
by Tenant from time to time, provided Tenant obtains, pursuant to Paragraph 4 B , all permits
and approvals required by applicable jurisdictions for such requested configuration Lessor shall
have the right to approve plans for any improvements installed by Tenant on the Premises, such
approval not to be unreasonably withheld, provided that Lessor must notify Tenant of Lessor's
approval or disapproval of any such plans within five (5) days after the submission of such plans
by Tenant to Lessor, and in the event that Lessor fails to so notify Tenant, Lessor shall be
deemed to have approved such plans
(B ) Lessor acknowledges that Tenant's ability to use the Premises for its intended purposes is
contingent upon Tenant's obtaining and maintaining, both before and after the commencement
date, all of the certificates, permits, licenses, and other approvals (collectively, "Governmental
Approvals") that may be required by any federal, state, or local authority for the foregoing uses
and improvements to the Premises desired by Tenant Lessor shall promptly cooperate with
Tenant in Tenant's efforts to obtain such Governmental Approvals and shall take no action that
would adversely affect Tenant's obtaining or maintaining such Governmental Approvals,
provided, Tenant's use shall not interfere with Lessor's use of the Premises in accordance with
Section 4 (D ) of this Lease Lessor shall not, nor shall Lessor permit its other lessees, licensees
or agents, to interfere with Tenant's use of the Premises
(C) Tenant may mount up to a maximum of 12 antennas and the necessary coaxial lines
thereto at each of the Towers Radio frequencies to be used by Tenant will be 1975-1990 Mhz
for transmitting and 1895-1910 Mhz for receiving
(D ) Tenant will operate and maintain the antennas and associated electronic equipment,
whether located on the Towers or in the equipment shelters, within specifications and
authorizations of the manufacturers or the Federal Communications Commission ("FCC") The
Lessor will take reasonable precaution to insure interference problems do not anse However, if
interference does occur, Tenant agrees to install isolators, circulators, or band pass filters or
equivalent, to Tenant's equipment at Tenant's expense Tenant shall conduct all Tenant's
activities and operations under this Lease to assure that the Lessor's public safety
communications, utility communications and utility operations are operated without obstruction
or interference and that Lessor's other facilities on the Premises are not damaged or interfered
with It will be the responsibility of the Tenant to resolve any conflict between these interests
In the event resolution is not possible, this conflict of interests is grounds for termination of the
Lease by Lessor, and Tenant shall be responsible for any damages done to the Lessor's facilities
If it is so determined that Tenant's equipment is not operating in compliance with manufacturers'
design ispecifications or within FCC rules and regulations, Tenant will immediately disconnect or
otherwise terminate the operation of Tenant's equipment that is not functioning within the above
4
recited specifications and authorizations and will not permit further operation of such equipment
until it has been repaired or restored so as to function within such specifications and
authorizations Tenant grants Lessor the right and authority to take any action necessary to
disconnect or otherwise terminate the operation of any of Tenant's equipment causing
interference or signal degradation as set forth above
If any of the Towers being utilized by Tenant is deemed structurally unsound, a public hazard or
must be removed for whatever reason, Lessor grants Tenant the right to erect suitable temporary
structure(s) at or near the subject Tower until such time as Lessor replaces or repairs the subject
Tower provided, however, nothing herem shall ever require Lessor to repair or replace the
subject Tower, but in the event the Lessor fails to repair or replace the Tower within a reasonable
time, Tenant may declare the Lease in default Furthermore, Tenant will have the right to
relocate on said replacement site at no additional cost to Tenant If the subject Tower is
permanently removed, then Tenant will have the right to erect Tenant's monopole at the
approximate location of the subject Tower and at a height and structural strength satisfactory to
Tenant
(E ) Lessor agrees to provide an equipment shelter at the McKenna Park Tower site which
meets the reasonable requirements of Tenant, to be specified by Tenant within sixty (60) days
following the execution of tlus Lease by the parties Tenant agrees to pay to Lessor on the date
this Lease commences, a one-time payment of $ 5,000 00 to defray a portion of the cost of the
McKenna Park Tower site equipment shelter Rental is finther payable by Tenant to Lessor
respecting such equipment shelter in accordance with the provisions of Paragraph 3 (A ) 5
above This shelter will be placed on the Premises on a mutually acceptable location in close
proximity to the Tower until such time as the Lessor constructs a permanent shelter or places an
adequate prefabricated shelter at the McKenna Park Tower site Lessor and Tenant further agree
that Tenant shall not be required to be in an equipment shelter respecting its operations at the
Bronco Water Tower site
(F ) At some future date as Lessor has capability to do so and assuming that Lessor is allowed
by law to supply same, Lessor shall offer to supply fiber-optic interconnect to equipment shelters
at McKenna Park Tower and the Spencer Tower for a period of time equal to the duration of tlus
Lease and at no charge, as described below provided, however Tenant shall not be obligated to
accept such offer
1 Lessor will provide a mimmum of one (1), 1 544 megabit DS-1 termination from
each Premises to the microwave equipment facilities in the Texas Women's
Umversity Clock Tower Lessor will provide an additional 1 544 megabit DS-I
termination at Tenant's request and expense during the life of this Lease
2 Lessor will provide twenty-four (24) hour a day, seven (7) days a week response
to all Tenant's request for emergency support due to outages associated with the
DS-1 equipment, and necessary appurtenances thereto, to the Leased Sites The
Lessor guarantees performance level of the DS-1 equipment will be maintained at
99 975% availability Lessor will respond to any problems associated with
E
Tenant's DS-1 equipment within 15 minutes of being notified, twenty-four (24)
hours a day, seven (7) days a week when called at 940-349-8400
Lessor will, at Tenant's request and expense, reconfigure any circuit configuration
necessary to support Tenant's operations in the event Tenant should choose, or be
forced to, relocate Tenant's point of interface from the Texas Women's University
Clock Tower to a microwave hub
4 Lessor's support of the DS-1 terminations and the fiber-optic lines thereto shall
meet or exceed Tenant's requirements for such service which are 99 975%
availability at all times
5. Erection of Antenna and Repairs
(A) Repairs All costs for installation and maintenance of Tenant's equipment and antennas
on the Towers or the ,Premises shall be borne solely by Tenant The installation on the Towers or
the antennas shall be made by Tenant using suitable devices commonly used in the industry,
capable, of bearing the stress and strain of the installation without weakening or damaging the
Towers in any way whatsoever Installation or modification plans must be submitted to and
approved by the Lessor prior to any installation or modification to Tenant's equipment or
antennas With respect to the Towers listed on Exhibit "A", Lessor may require Tenant to pay
for review and approval of plans for antenna attachment by a water tower engineering firm
The installation and maintenance and/or removal of Tenant's equipment and personal property on
the Premises shall be done without any damage, harm, and interruption of any other user's
service, and Tenant agrees to hold harmless and indemnify Lessor, its officers, employees,
agents and/or contractors from any and all costs, expenses, actions, damages, claims and liability
due to injury to any person or damage resulting from Tenant's utilization of the Premises
This indemnity shall not apply to any claims arising from the sole negligence or intentional
misconduct of the indemnified party
(B ) Alteration or Improvements by Tenant Tenant shall not make, nor permit to be made,
any alterations, additions or improvements to the Premises without Lessor's prior written
consent Tenant shall keep the Premises free from any liens ansing out of any work performed,
materials furnished, or obligations incurred by or for Tenant Tenant shall, within twenty (20)
days following the imposition of any such lien, cause the same to be released of record by
payment or posting of a proper bond No work that Lessor permits Tenant to perform on the
Premises shall be deemed to be for the use and benefit of Lessor so that no mechanic's or other
lien shall be allowed against Lessor by reason of its consent to such work Lessor shall have the
right to post notices that Lessor is not responsible for payment for any such work
(C ) Removal of Improvements The antennas and associated equipment installed on the
Premises by Tenant and paid for by Tenant, except for cable and conduit, shall remain the
properly of Tenant and may be removed upon the expiration of this Lease, provided (a) that any
of the items may be removed only if Tenant repairs any damage caused by such removal and
restores the Premises to the condition of the Premises prior to installation and commencement of
the Lease, reasonable wear and tear excepted, and (b) that Tenant shall have fully performed all
of the covenants and agreements to be performed by Tenant hereunder and that no payments are
due or will thereafter become due from Tenant to Lessor under the provisions of this Lease, but
in no case shall the equipment be removed by Tenant or third party prior to the expiration of this
Lease or until such time as all momes due under this Lease are paid in full Upon expiration of
this Lease, if Tenant fails to remove such items from the Premises within sixty (60) days after
demand by Lessor, all such equipment shall become the property of Lessor Tenant must give
Lessor sixty (60) days' notice of removal of any equipment from the Towers and/or the Premises
to avoid disruption of service of other users Said removal shall be at a time and date specified by
Lessor and shall not affect Tenant's obligations under this Lease
6 Notice of Scheduled Interruption Lessor will give Tenant forty-five (45) days' written
notice of any scheduled activity that will cause interruption of Tenant's activities, emergency
situations excepted Tenant shall be allowed to erect temporary facilities as provided in
Paragraphs 4 (D ) and 11 hereof
7. Site Management The parties agree that Lessor shall serve as the site manager for all
users of the two (2) tower sites described herein
8. Notice of Default In the event Tenant is in default under this Lease, Lessor shall give
written notice thereof to Tenant Except as to interference as described herein, and
notwithstanding any other provision herein, Tenant shall cure said default within 20 days
following receipt of said notice If a subtenant is in default to Tenant in Tenant's capacity as site
manager (as described in Paragraph 7), it will be the sole responsibility of Tenant to pursue the
cure of said default and to evict the subtenant, if necessary Under no circumstances will Tenant
be considered in default to Lessor based on any subtenant's default status
9. Termination
If any of the following events occurs, Tenant shall have the right to terminate this Lease by
giving 30 days written notice to Lessor of such termination
(A) Tenant determines that it will be unable to obtain, after expending reasonable efforts, all
necessary Governmental Approvals for Tenant's intended use of and improvements to the
Premises desired by Tenant, or
(B ) Tenant's application for any Governmental Approvals necessary for Tenant's use of the
Premises and improvements desired by Tenant is denied, or
(C ) Any Governmental Approvals necessary for Tenant's use of the Premises and/or
improvements to the Premises, whether now or hereafter desired by Tenant are canceled,
expired, lapsed or otherwise withdrawn, terminated or denied so that Tenant, in its reasonable
judgment, determines that it will no longer be able to use the Premises for Tenant's intended use,
or
(D) The FCC allocates the frequencies at which Tenant may operate its antennas and
equipment and may from time to time change such frequencies Any change of this nature that,
in Tenant's reasonable judgment, renders its operation of a communications facility at the
Premises obsolete, or
(E) If Tenant determines that the Premises has become unsuitable for Tenant's operations due
to changes in system or network design or in the types of equipment used in such operations at
the Premises become unprofitable,
Any termination notice rendered by Tenant pursuant to Paragraph 9 shall cause this Lease 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 Lease and the parties shall make appropriate
adjustment, as of such termination date, with respect to payments due to the other under this
Lease
10. Indemnification and Insurance
(A) Tenant hereby agrees to indemnify and hold Lessor harmless from and against any and all
claims of liability for personal injury or property damage to the extent that they result from or
anse out of (i) Tenant's breach of any term or condition of this Lease on Tenant's part to be
observed or performed and/or (u) the acts or omissions of Tenant, its agents and employees in,
on or about the Premises, excepting however, such claims or damages as may be due to or
caused solely by the acts or omissions of Lessor, its employees or agents
To the extent permitted by law, this indemnity shall not apply to any claims ansmg from the sole
negligence or intentional misconduct or the portion of the joint or concurrent negligence of the
mdemmfied party
(B ) Public Liability Insurance Tenant shall maintain public liability insurance at all times
during the term of this Lease with a company rated A- or better by Best rated carriers approved
to do business in Texas by the State Insurance Commission with personal injury limits of at least
$1,000,000 for damage to property and bodily injury and death, covering the Premises and
Tenant's use thereof with companies, and in form, satisfactory to the Lessor Said policy or
policies shall name Lessor and Tenant as insureds and shall bear endorsements to the effect that
the insurer agrees to notify Lessor not less than thirty (30) days in advance of any modification
or cancellation thereof Tenant shall deliver a certificate of insurance satisfactory to Lessor as
proof that adequate insurance is in force
(C) Lessor shall not be responsible for any interruption of service, unless it is due to
negligence on the part of Lessor
(D ) Nothing herein shall constitute a waiver of any defense the Lessor or Tenant may have to
any cause of action or claim brought under or as a result of operations under this Lease including
and without limitation the defense of governmental immunity, all such defenses are expressly
reserved
11. Damage and Destruction
(A) In the event that any of the Tower and/or the Premises are totally damaged or destroyed
by fire or other casualty, or so extensively damaged that they cannot be restored within 180 days
to the condition as the same existed prior to such damage, either party shall have the right to
terminate this Lease by giving written notice to the other of the exercise of this right within thirty
(30) days following the occurrence of the fire or other casualty In no event shall Lessor be
responsible for damages due to delay occasioned in repairing such damage Tenant shall have
the right to erect temporary, substitute facilities if any of the Towers and/or the Premises are
rendered temporarily unsuitable for operation Rent shall abate for any period that any of the
Towers and/or Premises are rendered unsuitable or unavailable for Tenant's use
(B ) Lessor shall not be responsible for any damage to Tenant's equipment caused by
vandalism, not, war, fire, accident, failure, or act of God
(C ) Lessor will not provide any insurance on Tenant's equipment If Tenant so desires,
Tenant may maintain at Tenant's sole expense, any type of hazard insurance on all equipment
located on the Premises Tenant understands that in no way will Lessor be responsible for any
loss to Tenant's equipment
12. Notices
All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed
validly given if sent by certified mail, return receipt requested, addressed as follows (or to any
other mailing address which the party to be notified may designate to the other party by such
notice), or by overnight delivery or as otherwise provided under applicable state law Should
Lessor or Tenant have a change of address, the other party shall immediately be notified as
provided in this Paragraph of such change Unless Lessor otherwise specifies in writing, rent
checks from Tenant shall be sent to the person listed below to whom notices are sent
Tenant: Cook Inlet/VoiceStream Operating Company, L L.C.
Address 3650 —131Bi Avenue SE, Suite 200
Bellevue, WA 98006
Attn PCS Leasing Administrator
Telephone No (425) 653-4600
Facsimile (425) 653-5050
With a copy to Cook InletNoiceStream Operating Company, L L C
Address 3650 —13181 Avenue SE, Suite 200
Bellevue, WA 98006
Attn Legal Department
Telephone No (425) 653-4600
Facsimile (425) 653-5050
Lessor:
The City of Denton, Texas
Attn
City Manager
Address
215 E McKinney
Denton, Texas 76201
Telephone No
(940) 349-8307
Facsimile
(940) 349-8596
With a copy to City Attorney
Address City of Denton, Texas
215 E McKinney
Denton, Texas 76201
Telephone No (940) 349-8333
13. Compliance with Laws
The Tenant shall comply with all federal, state, local, laws, rules, regulations and ordinances
applicable to the telecommunications installation covered hereunder, as they may now read or
hereinafter, or amended
14. Venue
This Agreement is entered into in the City and County of Denton, Texas and shall be governed
by and construed in accordance with the laws of the State of Texas Venue and junsdiction of
any suit or cause of action arising under or in connection with this Tower Lease Agreement shall
be exclusively in a court of competent jurisdiction sitting in Denton County, Texas
IN WITNESS WHEREOF, Lessor and Tenant have executed this Tower Lease Agreement by
and through their duly-authonzed and empowered officials and representatives effective as of the
date hereinabove stated
"LESSOR"
CITY OF DENTON, TEXAS
A Municipal Corporation
B
Mich 1 W Je OtrtyManager
10
ATTEST
JENNIFER WALTERS, CITY SECRETARY
m 1. � w5mormi, N-,alm
By
ATTEST
BY( 1�
"TENANT"
COOK INLETNOICESTREAM
OPERATING COMPANY
A Limited Liability Company
By
_ 6,—
Chris Hlllabrant-Regional Director
VoiceStream PCS BTA I Corporation
Its Agent
11
[Notary block for Landlord]
STATE OF TEXAS )
sa
COUNTY OF DENTON )
This instrument was acknowledged before me the undersigned authority this Ic day of
2000 by Michael W Jez, City Manager of the City of Denton, Texas, a Texas Municipal Corp 4ation behalf of
said City,' m ti4capacity therein stated
Dated
space
ANN FORSYTHE
Notary Public, State of Texas
My CommWlon Ex0a
MAY 9, 2002
[Notary block for Tenant]
STATE OF TEXAS
COUNTY OF DALLAS
commission expires 6 ,p - p t
ss
)
I certify that I know or have satisfactory evidence that Chris Hillabrant, Regional Director of VoiceStream
PCS BTp I Corporation, is the person who appeared before me, and said person acknowledged that he/she signed
this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the duly -
authorized agent for Cook Inlet/VoiceStream Operating Company, L L C to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument
Dated E --i I �Dn
CPC .IOyF
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12
EXHIBIT "A"
TOWER SITES
L Site known as "Bronco Water Tower"
2. Site known as "McKenna Park Radio Tower"
13
EXHIBIT "Al"
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
Site known as L°Bronco Water Tower":
All that certain lot, tract, or parcel of land, lying and being situated in the City and
County of Denton, State of Texas, and being part of the Thomas Toby Survey, Abstract 1288 out
of a tract to R M Evers dated November 17, 1954, Vol 399, page 534, Deed Records, Denton
County Texas, from W T Evers and others Land being tract 7 in said deed, also being tract 8 in
a deed from A F Evers to R H Evers dated March 25, 1907 as shown in Vol 104, Page 453
deed records, Denton County, Texas
Commencing at a point on the East boundary line of Riney Road located on the South
boundary line of the Thomas Toby Survey, Abstract 1288, said line also being the North
boundary line of N H Meisenheimer Survey, Abstract 810, said point being North 88°49' West
1350' from an iron pin locating the Northeast comer of said N H Meisenheimer Survey 810
Thence South 88*49' East 350' to a point on said survey line
Thence North 1 *11' East 60' to the point of beginning of herein described tract
Beginning at a point North I°11' East 60' from a point located on the N H Meisenheimer
Abstract 810 Survey line being South 88049' East 1000' from an iron pin to the ground
describing the Northeast corner of said survey
Thence North 1 ° 11' East 200' to a point,
Thence North 88°49' West 200' along a line parallel to the Northern Survey line of the
N H Meisenheimer Survey, Abstract 810, to a point,
Thence South V11' West 200' to a point,
Thence South 88*49' East 200' along a line parallel to the N H Meisenheimer Abstract
810 to the point of beginning, containing an area of 40,000 square feet, more or less
14
EXHIBIT "Al"
LEGAL DESCRIPTION OF LESSOR'S PROPERTY (continued)
Site known as "McKenna Park Radio Tower":
All that, certain tract or parcel of land situated in the County of Denton, State of Texas, and being
a part of the Robert Beaumont Survey and being more particularly described as follows
BEGINNING at the Southwest corner of the Robert Beaumont Survey at a point 13113
vrs East of the Northwest comer of the Eugene Puchalski Survey in the North boundary line of
the same at a post and pile of rock in the West border of the Cross -Timbers and at a point known
as Medlin's Point from which a P O brs North 90 deg East 5 vrs another brs North 24 deg East
8 vrs
THENCE East 302 3 vrs to a point for comer, said point being 20 feet East of the
Southwest corner of a 15 acre tract deeded by R H Ewing and wife M E Ewing to
D L Wilkins
THENCE North and parallel with said D L Wilkins West boundary line 329 '/, vrs to a
point for corner, said point being 20 feet West of the Northwest corner of said Wilkins tract
THENCE West 302 3 vrs a point for corner
THENCE South 325 1/4 vrs along the West boundary line of said Beaumont Survey to
place of begirmmg and containing 18 acres of land more or less and being the same tract of land
conveyed to us by R H Ewing and wife M E Ewing by deed dated November 27 AD, 1909,
recorded in Volume 112, page 215, of the Deed Records of Denton County, Texas
15
EXHIBIT "A2"
EQUIPMENT DESCRIPTION FOR TENANT
2 Site known as "Bronco Water Tower"
Equipment to be installed Personal Communications Services (PCS) transmitting and receiving
equipment, consisting of 2 Nortel S8000 BTS radio transceivers, batteries, rectifiers, and
ancillary equipment
Application and frequency PCS (C-block 1975-1990 MHz, 1895-1910 MHz)
Antennas 9 EMSRR90-18-00 (typical style), 120-foot centerline (approximately 120-130 feet
AGL) to be mounted on top of Water Tower using a Bracketmasters or similar Tripod mount
Feedhnes 9 runs of 1-5/8" coax
2. Site known as "McKenna Park Radio Tower"
Equipment to be installed Personal Communications Services (PCS) transmitting and receiving
equipment, consisting of 2 Nortel S8000 BTS radio transceivers, batteries, rectifiers, and
ancillary equipment
Application and frequency PCS (C-block 1975-1990 MHz, 1895-1910 MHz)
Antennas 9 EMSRR90-18-00 (typical style), 120-foot centerlme (approximately 135-145 feet
AGL)
Feedlmes 9 runs of 1-5/8" coax
16
EXHIBIT "AY
PREMISES DESCRIPTION / SITE PLAN
Site known as "McKenna Park Radio Tower"
City of Denton Provided
Not to Scale Existing PdmeCo Equipment Shelter
Equipment Bldg
Fenw1ine _
bees
50
Proposed Access /
Utility Easement I
25' x 200' Existing Tower
(existing gate & road
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Fen hne
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17
EXHIBIT "A3"
PREMISES DESCRIPTION / SITE PLAN (continued)
Site known as "Bronco Water Tower"
Antennas to be
i top of tank
pod mount
Top View
18
EXHIBIT "AY
PREMISES DESCRIPTION / SITE PLAN (continued)
Site known as "Bronco Water Tower"
Proposed Access / Utility
Easement
25' x 200'
(exlsdng road)
Fenoolne
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Meter
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Telco
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Proposed
Lease area
(20' x 20')
19