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1996-296FILE REFERENCE FORM 96-296 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amendment No. 1 to Tower Lease - Ordinance No. 2009-042 02/17/09 JR Amendment No. 2 to Tower Lease [original is attached] 06/27/12 JR Amendment No. 3 to Tower Lease - Ordinance No. 2013-346 12/17/13 JR Amendment No. 4 to Tower Lease [original is attached] 05/18/16 JR Amendment No. 5 to Tower Lease 05/30/17 JR Amendment No. 6 to Tower Lease [ori inal is attached] 02/21/18 JR J \WPDOCS\ORD\TOWERLSB ORD ORDINANCE NO '7lD �� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWER LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND DALLAS MTA, L P FOR PROPERTY LOCATED AT THE SPENCER RADIO TOWER AND THE MCKENNA PARK RADIO TOWER, DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton owna and operatea aeveral tower aites as part of ita public safety and utilities operationa, which property is located at the Spencer Radio Tower and the McKenna Park Radio Tower, in Denton, Texas, and WHEREAS, on Auguet 28, 1995, Denton Utilities advertiaed for competitive bida for the leaaing of apace on towera owned by the City of Denton Dallaa MTA, L P, a Delaware Limited Partnerahip, doing buainess as PrimeCo Peraonal Communicationa, L P, submitted the hxgheat bid, producing the largest amount of revenue for the City of Denton Dallas MTA, L P requested the McKenna Park Tower and the Spencer Tower aite for immediate utilization, and WFiEREAS, the City of Denton desires to lease certain portiona of each of the towera located on ita property at the Spencer Radio Tower and the McKenna Radio Tower, to Dallas MTA, L P, a Delaware Limited Partnerehip, in return for Dallas MTA, L P removing the existing guyed tower at McKenna Park and replacing it with a freestanding tower especially designed to have lesa visual impact, which tower will be owned by the City of Denton, and the City will receive annual rental paymenta thereafter as provided by the Tower Lease, and WHEREAS, Dallae MTA, L P deaires to lease certain portiona of the Spencer Radio Tower and the McKenna Park Radio Tower aitea for use in ite communicationa operations, and agreea to perform the covenants stated in the tower lease, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S�CTION I That the City Manager ia hereby authorized to execute a Tower Lease between the City of Denton and Dallaa MTA, L P, a copy of which lease is attached hereto and incorporated by referEnce herein SECTION II. That this ordinance shall become effective immediately upon ita paesage and approval PASSED AND APPROVED this the �� day of r , 1996 !�� JA fILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY � TOWER LEASE THIS TOW ER LEASE ("Lease") is entered mto as of th�s�ay of —� 1996, by and between the City of Denton, Texas, a Texas mun�cipal corporation ("Lessor") and Dallas MTA, L P("TenanP'), a Delaware hmrted partnersh�p, by and through �ts sole general partner, PnmeCo Personal Commumcahons L P, a Delaware limited partnership, formerly known as PCS PnmeCo, L P The Lessor owns and operates several tower s�tes as part of rts pubhc safery and utihties operanons In considerat�on of the prem�ses and of the mutual obltgahons and agreements m this Lease, the pames agree as follows � The Lessor �s the trtlaholder of sa�d tower srtes Lsted on Exhibrt "A' attached hereto and made a part of this Lease for all purposes, wh�ch tower sites are situated m the County of Denton, State of Texas ("Lessor's Property") as descr�bed on the attached Exh�brt "Al" The pames agree that the legal descripuons of Lessor's Property may be attached as Exh�brt "A P, attached hereto and made a part of th�s Lease for all purposes, after execut�on of th�s Lease v Tenant hereby desires to lease certam port�ons of Lessor's Property and certam portions of each of the towers ("Towers") located on Lessor's Property, together wrth a r�ght of access and a nght to mstall utihhes thereon (the "Prem�ses") The Prem�ses which are the sub�ect of th�s Lease are srtuated substantially as shown on Exhibit "A2", attached hereto and made a part of this Lease for all purposes, and with respect to the spaces on the Towers, the lecat�ons and onentahons are as set fonh on Exh�brt "A3" attached hereto In add�hon, Tenant shall have the nght to run cables and wires under, over and across Lessor's Property to connect TenanYs equ�pment on the Towers to TenanYs equ�pment m Tenant's faml�ties located on the Prem�ses m locat�ons which wdl be approved by the Lessor through rts Execuhve D�rector of Utilrties ("D�rector"), which approval shall not be unreasonabty withheld Tenant may park its veh�cles on Lessor's Propeny when Tenant �s constructmg, mamtammg, removmg, replacmg, and/or serv�cmg Tenant's commumcat�ons fac�hnes »� Lessor and Tenant hereby agree that the Prem�ses (mcludmg access nghts-of-way thereto but excludmg the spaces on the Towers) may be surveyed by a l�censed surveyor at the sole cost of Tenant, and such surveys shall then replace the descriptions contamed m Exhib�t "A2" and become part hereof and shall control to descr�be the Prem�ses m the event of any discrepancies between such surveys and the descnptions contamed m Exh�brt "A2" �v Lessor Ieases the Prem�ses to Tenant parsuant to the terms and conditions of th�s Lease 1 Term The mitial term of th�s Lease will be ten QO) years, commencmg on the first day of the month durmg which th�s Lease is executed This Lease w�ll automancalty renew yearly w�th an automanc annual rental mcrease of s�x percent (6%) over the prev�ous year's rental rate Durmg the 30 day penod begmmng 120 days before the annrversary date of the m�t�al term, or any renewal term, or automat�c renewal of th�s Lease, either party may termmate this Lease by written notice, which terminahon shall be effechve upon such ann�versary date 2 Prem�ses (A ) Access to each of TenanYs equ�pment shelters situated on the Premises w�ll be available to Tenant, w�thout Lessor's representatrve bemg present, on a 24 hours a day, 7 days a week basis The Lessor grants to Tenant a non-exclusrve easement for the term of th�s Lease for unrestricted r�ghts of access thereto and to the appropriate source of electr�c and telephone fac�ht�es, sub�ect to the approval of the Lessor through its Director, whose approval shall not be unreasonably wrthheld Access to any s�te which is cons�dered to be a secured area w�ll requ�re prwr verbal nohfication to Lessor's representahve (or "Hot Ltne") to be determmed by the Lessor The telephone number of the 24 hour Hot Lme is 817-383- 8400 Tower chmbs w�ll requ�re Lessor representanon and wdl be scheduled onty after two hours nohce to the Lessor dunng normal busmess hours In the event of emergency access to the Towers, Tenant will be given the name of a contact person wrth Lessor who is ava�lable 24 hours a day, 7 days a week Tenant may be assessed a charge for emergency access m an amount equal to the total expense mcurred by the Lessor for representauon durmg such tower chmbs PnmeCo Percunal Communicanons L P 12/l6/96 Page � Tenant wdl contract directly wrth a tower climbmg crew and will be responsible for all expenses No tower climbmg crew will be permittedion the Towers without pr�or acceptance by the Lessor Standards for acceptance by the Lessor will �nclude a I�ability msurance pol�cy m the mm�mum amount of $1,000,000 (B ) Eqwpment Shelter Space Space for four racks ad�acent to each of the Towers will be made available to Tenant at each of the sites specified m Exh�bit "A", which �s attached to and made a part of th�s Lease for all purposes 3 Rent (A ) Rental Payments In considerat�on of [he Lease of the Premises, Tenant agrees to pay Lessor the rental sums based on the monthty rates set forth m Exh�bu "A" for each Tower They shall be made as follows I F�rst year's rent due on execut�on of this Lease 2 F�rst year's rent shall be calculated on a per-antenna/coax bas�s at $0 55 per foot for each foot above ground level ("AGL") to antenna centerlme 3 Rent �s due on the yearly anmversary of the commencement date of this Lease (as set forth m Paragraph 1 above) 4 On the anmversary of said commencement date, the yearly rent shall be mcreased by 6% over the pnor year's rental 5 All payments shall be payable to Lessor at such address as designated by the Lessor to the Tenant m the manner for noUces set forth m Sect�on 12 of th�s Lease (B ) Late Payments If the yearly rent is not pa�d by the annrversary date of the commencement date of this Lease, mterest shall accrue at 1 5% monthly (18% annually) on all unpaid amounts, sub�ect to Sect�on 8 Th�s late charge is not a warver of the Lessor's nght to declare the Lease m default �f payment of rent is not made when due, or to pursue any legal or equitable remedies Lessor may have to seek damages or to requ�re spec�fic performance of the Lease (C ) Other Charges Tenant agrees to pay addrt�onal charges, as spec�fied m th�s Lease, wrthm 30 days followmg demand Non-payment of additional charges when due shall const�tute a default under this Lease to the same extent as would non- payment of rent (D ) Ut�ht�es Tenant will be responsible for the mstallat�on and mamtenance of a�r cond�t�onmg and heatmg for the Prem�ses Tenant w�ll be respons�ble for TenanYs utilit�es at the Prem�ses If prov�sions for emergency power are requved, Tenant w�ll be respons�ble for the mstallahon and mamtenance of stand-by generators as requ�red 4 TenanYs Use of Prem�ses (A ) Tenant may use the Prem�ses to construct, remove, replace, service, mamtam, secure and operate a commumcations facil�ty, mcludmg, w�thou[ limitat�on, required antenna array (as such antenna array may be modified, added to, or substrtuted from hme to time) and antenna support structures, and for any other uses mcidental thereto Tenant may construct a fencE around the Premises Each such antenna attay or antenna support structure may be configured as requested by Tenant from t�me to hme, prov�ded Tenant obtams, pursuant to Paragraph 4 B, all permits and approvals required by apphcable �unsdtchons for such requested configurahon Lessor shall have the nght to approve plans for any improvements mstalled by Tenant on the Premises, such approval not to be unreasonably wrthheld, provided that Lessor must not�fy Tenant of Lessor's approval or d�sapproval oF any such plans w�thm five (5) days after the submiss�on of such plans by Tenant to Lessor, and m the event that Lessor fatls to so notify Tenant, Lessor shall be deemed to have approved such plans (B ) Lessor acknowledges that Tenant's abil�ty to use the Premises for its mtended purposes �s conhngent upon Tenant's obtammg and mamtammg, both before and after the commencement date, all of the certificates, permrts, Lcenses and other approvals (collectrvely, "Governmental Approvals") that may be requ�red by any federal, state or local authonty for the foregomg uses and �mprovements to the Prem�ses desired by Tenant Lessor shall promptty cooperate wrth Tenant m TenanYs efforts to obtam such Governmental Approvals and shall take no acuon that would adversely affect TenanPs obta�mng or mamtammg such Governmental Approvals, provided, Tenant's use shall not interfere with Lessor's use of the Prem�ses m accordance w�th Sect�on 4(D ) of th�s Lease (C ) Tenant may mount up to a maximum of 12 antennas and the necessary coaxial hnes thereto at each of the Towers Rad�o frequencies to be used by Tenant wdl be 1930 - 1945 Mhz for transm�tung and 1850 - I865 Mhz for recervmg PnmeCo Personal Commumcau L P /1/17/96 Page 2 (D ) Tenant wdl operate and mamtam the antennas and assoc�ated electronic eqwpment, whether located on the Towers or m the eqmpment shelters, wtthm specificat�ons and authonzat�ons of the manufacturers or the Federal Commumcations Commtsswn ("FCC") The Lessor wdl take reasonable precauhon to msure mterference problems do not anse However, if mterference does occur, Tenant agrees to mstall �solators, c�rculators, or band pass filters or equrvalent, to TenanPs equ�pment at TenanYs expense Tenant shall conduct all Tenant's achvit�es and operahons under th�s Lease to assure that the Lessor's pubhc safety commumcat�ons, unl�ty commumcations and ut�liry operat�ons are operated w�thout obstruct�on or mterference and that Lessor's other faciltttes on the Prem�ses are not damaged or mterfered wuh It wdl be the responsibihty of the Tenant to resolve any conflict between thesa mterests In the event resolution �s not poss�ble, th�s conflict of mterests �s grounds for termmahon of the Lease by Lessor, and Tenant shall be respons�ble for any damages done to the Lessor's facil�t�es If rt is so determmed that TenanYs eqwpment �s not operatmg m comphance wrth manufacturers' design specifications or wrthm FCC rules and regulations, Tenant will immed�ately d�sconnect or otherwise termmate the operat�on of TenanYs eqwpment that �s not funchonmg withm the above recited spec�fications and authonzahons and will not permrt further operahon of such equ�pment untd rt has been repa�red or restored so as to function wrthm such specificat�ons and authorizat�ons Tenant grants Lessor the nght and authority to take any acuon necessary to d�sconnect or otherwise termmate the operauon of any of TenanYs equtpment causmg mterference or signal degradat�on as set forth above If any of the Towers bemg uhhzed by Tenant is deemed structurally unsound, a pubLc hazard or must be removed for whatever reason, Lessor grants Tenant the r�ght to erect surtable temporary saucture(s) at or near the sub�ect Tower until such time as Lessor replaces or repa�rs the sub�ect Tower prov�ded, however, nothmg herem shall ever requ�re Lessor to repair or replace the sub�ect Tower, but m the event the Lessor fails to repair or replace the Tower w�thm a reasonable nme, Tenant may declare the Lease m default Furthermore, Tenant will have the r�ght to relocate on said replacement s�te at �o addrtmnal cost to TenanC If the aub�act Tower �s permanenYly removed, then Tenant w�ll have the r�ght to erect Tenant's monopole at the approx�mate location of the sub�ect Tower and at a he�ght and structural strength sat�sfactory to Tenant (E ) Lessor agrees to provide an equipment shelter at the McKenna Park tower s�te wh�ch meets the requirements of Tenant as specified m Exhibit "AS" If the Lessor fails to prov�de an adequate shelter wrthm one week from the start of construct�on, the Tenant will have to nght to mstall TenanYs own shelter, which w�ll support onty TenanYs equipment, at the Prem�ses Th�s shelter will be placed on the Premises on a mutually acceptable locat�on m close proxim�ty to the Tower untd such t�me as the Lessor constructs a permanen[ shelter or places an adequate prefabrwated shelter at the McKenna Park [ower s�te In l�eu of rent for the McKenna Park tower s�te, Tenant hereby agrees to construct and donate a tower as depicted m Exhibit "A4", attached hereto and made a part of th�s Lease for all putposes, for the moummg of TenanYs antennas and necessary appurtenances thereto and to support Lessor's 800 mHz trunkmg system and appurtenances Some add�twnal space on the Tower wdl be made ava�lable to Lessor as mutually agreed by Tenant and Lessor so long as the addiuon does not create a structural hazard Also, addiUonal capac�Ty will be left avadable for the use of other commumcatwns mstallat�ons (See Exhibrt "A4" for loadmg specifications ) Tenant further agrees to dismantle the existmg rad�o tower at the McKenna Park tower srte Tenant shall be free to d�spose of, sell, or otherwise utilize as they Tenant sees fit, the d�smantled tower w�thm the guidelmes of applicable laws At the termmatton of th�s Lease, the McKenna Park Tower wtll remam the sole property of the Lessor, who w�ll assume any management role prevtously held by the Tenant The monthly rate on the Spencer Tower site w�ll be $742 50 per month, to be pa�d m yearly mstallments of $8910 00 on the commencement date of th�s Lease _,.., .. .. . :.:: :: • - --.... :• ::-- - - - - - PnmeCo Personal Communmanons L P Il/27/96 Page 3 McKenna Park Tower and the Suencer Tower for a penod of t�me eaual to the duration of this Lease and at no charee, as descnbed below nrov�ded however Tenant shall not be obl�eated to accept such offer 1 Lessor w�ll pronde a mmimum of one Q), 1 544 megabrt DS I termmation from each Premises [o the m�crowave equ�pment facil�t�es m the Texas Women's Univers�ty Clock Tower Lessor w�ll provide an additional 1 544 megabtt DS-1 termmat�on at TenanYs request and expense durmg the life of th�s Lease 2 Lessor w�ll provide twenty-four (24) hour a day, seven (7) days a week response to all Tenant's request for emergency support due to outages assoc�ated wrth the DS-I equipment, and necessary appurtenances thereto, to the Leased S�tes The Lessor guarantees performance level of the DS-1 equipment will be mamtamed at 99 975% availabil�ty Lessor w�ll respond to any problems assoc�ated wrth TenanYs DS-1 equ�pment withm 15 mmutes of bemg nohfied, twenry-four (24) hours a day, seven (7) days a week when called at 817-566-8400 3 Lessor will, at TenanYs request and expense, reconfigure any circwt wnfigurahon necessary to support TenanPs operat�ons m the event Tenant should choose, or be forced to, relocate TenanYs pmnt of mterface from the Texas Womeds Unrvers�ty Clock Tower to a microwave hub 4 Lessor's support of the DS-1 termmattons and the fiber-opt�c hnes thereto shall meet or exceed Tenant's requirements for such serv�ce which are 99 975% availab�lity at all times 5 Erechon of Antenna and Repa�rs (A ) Repaus All costs for mstallat�on and mamtenance of Tenant's equipment and antennas on the Towers or the Premises shall be borne solely by Tenant The mstallat�on on the Towers or the antennas shall be made by Tenant usmg suitable devices commonly used m the mdustry, capable of bearmg the stress and stram of the mstallat�on w�thout weakenmg or damagmg the Towers m any way whatsoever Installahon or modificatwn plans must be subm�tted to and approved by the Lessor pnor to any mstallahon or modificauon to TenanYs equtpment or antennas Wrth respect to the Towers hsted on Exhibit "A", Lessor may reqwre Tenant to pay for review and approval of plans for antenna attachment by a water tower engmeermg firm The mstallahon and mamtenance and/or removal of TenanPs eqwpment and personal property on the Premises shall be done wrthout any damage, harm, and mterrupnon of any other user's service, and Tenant agrees to hold harmless and mdemmfy Lessor its officers, employees, agents and/or contractors from any and all costs, expenses, actions, damages, claims and Labil�ry due to �n�ury to any person or damage resultmg from TenanPs utihzahon of the Prem�ses This mdemnrty shall not apply to any claims ar�smg from the sole neghgence or mtenhonal m�sconduct of the mdemmfied party (B ) Alterat�on or Improvements by Tenant Tenant shall not make, nor permit to be made, any alterahons, additions or �mprovements to the Prem�ses w�thout Lessor's pr�or wntten consent Tenant shall keep the Prem�ses free from any I�ens ansmg out of any work performed, matenals furnished, or obhgations mcurred by or for Tenant Tenant shall withm twenty (20) days followmg the imposmon of any such hen, cause the same to be released of record by payment or postmg of a proper bond No work which Lessor perm�ts Tenant to perform on the Premises shall be deemed to be for the use and benefit of Lessor so that no mechamc's or other lien shall be allowed agamst Lessor by reason of its consent to such work Lessor shall have the nght to post nonces that Lessor is not responsible for payment for any such work (C ) Removal of Improvements The antennas and assomated equipment mstalled on the Premises by Tenant and paid for by Tenant, unless they have been so affixed that they have become part of the Premises, shall remam the property of Tenant and may be removed upon the exp�rahon of this Lease, provtded (a) that any of such rtems may be removed onty if Tenant repa�rs any damage caused by such removal and restores the Prem�ses to the condition of the Prem�ses prior to the mstallat�on and the commencement of the Lease, reasonable wear, tear and damage by the elements 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 prov�s�ons of this Lease, but in no case shall the equipment be removed by Tenant or th�rd party pnor to the expiration of this Lease or unnl such t�me as all momes due under this Lease are pa�d m full Upon expiranon of this Lease, if Tenan[ fads to remove such �tems from the Premises wrthm sixty (60) days after demand by Lessor, all such equ�pment shall become the property of Lessor Tenant must grve Lessor sixty (60) days' not�ce of removal of any equipment from the Towers and/or the Premtses to avmd disruption of service of other users Sa�d removal shall be at a t�me and date specified by Lessor and shall not affect TenanPs obligations under this Lease PnmeCu Personal Communicauons P 1 //27/96 Puge 4 6 Notcee of Scheduled Interruphon Lessor will grve Tenant forty-five (45) days' wntten nonce of any scheduled acnvrty that w�il cause mterruption of TenanYs actrvrties, emergency srtuations excepted Tenant shall be allowed to erect temporary fac�ht�es as provtded m Puagraphs 4(D ) and ll hereof 7 Sde Management Tenant shall act as site manager for all subsequent users of the Towers, except Lessor, which shall act as rts own manager Tenant shall review all requests for use of the Towers to determme potential mterference and structural effect Lessor shall rev�ew all requests Rates for subsequent users shall be the same as set forth herem plus a reasonable management fee payable to Tenant Tenant and Lessor shall each work together to encourage aIl subsequent users to make reasonable use of the Towers and to elumnate the need for additional structures m the sub�ect areas 8 Notcee of Default In the event Tenant is m default under this Lease, Lessor shall grve written not�ce thereof to Tenant Except as to mterference as described herem, and notw�thstandmg any other prov�s�on herem, Tenant shall cure sa�d default wrthm 20 days followtng receipt of said notice If a subtenant is m default to Tenant m TenanYs capacrty as srte manager (as descnbed m Paragraph 7), it will be the sole respons�bilrty of Tenant to pursue the cure of said default and to ev�ct the subteuant, if necessary Undar no mrcumstances will Tenant be cons�dered m default to Lessor based on any subtenanYs default status 9 Termmahon If any of the follow�ng occurs, Tenant shall have the nght to �termmate this Lease by grvmg 30 davs wr�tten notwe to Lessor of such termmat�on (A ) Tenant determtnes that �t w�ll be unable to obtam, after expendmg reasonable efforts, all necessary Govemmental Approvals for TenanYs mtended use of and �mprovements to the Prem�ses desired by Tenant, or (B ) TenanPs appLcat�on for any Governmental Approvals necessary for TenanYs use of the Prem�ses and �mprovements desired by Tenant �s den�ed, or (C ) any Governmental Approvals necessary for Tenant's use of the Premises and/or �mprovements to the Prem�ses, whether now or hereafter desired by Tenant are canceled, exp�red, lapsed or otherwise withdrawn, termmated or denied so that Tenant, m rts reasonable �udgment, determmes that �t w�ll no longer be able to use the Premises for TenanYs mtended use, or (D ) the FCC allocates the frequenc�es at wh�ch Tenant may operate its antennas and equipment and may from t�me to time change such frequenc�es Any change of this nature that, m TenanYs reasonable �udgment, renders its operauon of a communications facil�ty at the Prem�ses obsolete, or (E )�f Tenant determmes that the Premises has become unsuttable for TenanPs operahons due to changes m system or network des�gn or m the types of eqwpment used m such operauons at the Prem�ses become unprofitable Any termmation nouce rendered by Tenant pursuant to Paragraph 9 shall cause this Lease to exp�re w�th the same force and effect as though the date set forth m such notice were the date ongmally set as the expiration date of th�s Lease and the parties shall make appropr�ate ad�ustment, as of such termmat�on date, with respect to payments due to the other under this Lease 10 Indemmty and Insurance (A ) Tenant hereby agrees to mdemmfy and hold Lessor harmless from and agamst any and all claims of habihty for personal m�ury or property damage to the extent that they result from or anse out of (�) TenanYs breach of any term or condit�on of this Lease on TenanPs part to be observed or performed and/or (u) the acts or omissions of Tenant, �ts agents and employees m, on or about the Prem�ses , exceptmg however, such cla�ms or damages as may be due to or caused solely by the acts or omiss�ons of Lessor, rts employees or agents PnmeCo Personal Communmanons I P 11/27/96 Page 5 To the extent permrtted by law, th�s mdemmty shall not appty to any cla�ms ansmg from the sole negl�gence or mtent�onal misconduct or the port�on of the �omt or concurrent neghgence of the mdemmfied party (B ) Publ�c Liab�hty Insurance Tenant shall mamTam publ�c l�ability msurance at all times durmg the term of this Lease with a company rated A- or better by Best rated carr�ers approved to do busmess m Texas by the State Insurance Comm�ss�on w�th personal m�ury Lmrts of at least $1,000,000 for damage to property and bodtly m�ury and death, covenng the Premises and Tenant's use thereof wrth compames, and m form, satisfactory to the Lessor Sa�d poLcy or pohc�es shall name Lessor and Tenant as msureds and shall bear endorsements to the effect that the msurer agrees to notify Lessor not less than th�rty (30) days m advance of any mod�ficaUon or cancellahon thereof Tenant shall delrver a certificate of msurance satisfactory to Lessor as proof that adequate msurance �s m force (C ) Lessor shall not be respons�ble for any mterruphon of service, unless u is due to neghgence on the part of Lessor (D ) Nothmg harem shall constitute a waiver of any defense the Lessor or Tenant may have to any cause of acnon or claim brought under or as a result of operattons under th�s Lease mcludmg and wrthout hmrtat�on the defense of governmental �mmumty, all such defenses ue expressty reserved 11 Damage and Destruct�on (A ) In the event that any of the Towar and/or the Prem�ses are totally damaged or destroyed by fire or other casualty, or so extensroely damaged that they cannot be restored withm 180 days to the condihon as the same existed pnor to such damage, either party shall hava the r�ght to termmate th�s Lease by grv�ng wntten not�ce to the other of the exermsa of th�s r�ghY w�thm th�rty (30) days followmg the occurrence of the fire or other casualty In no event shall Lessor be responsible for damages due to delay occas�oned m repainng such damage Tenant shall have the nght to erect temporary, substitute facdmes if any of the Towers and/or the Prem�ses are rendered temporarily unsuitable for operauon Rent shall abate for any penod that any of the Towers and/or Premises are rendered unsuitable or unava�lable for TenanPs use (B ) Lessor shall not be respons�ble for any damage to TenanYs eqwpment caused by vandalism, not, war, fire, accident, fa�lure, or act of God (C ) Lessor w�ll not provide any msurance on TenanYs equ�pment If Tenant so des�res, Tenant may mamtam at TenanYs sole expense, any type of hazard msurance on all eqwpment located on the Premises Tenant understands that m no way will Lessor be responsible for any loss to TenanYs eqmpment 12 Not�ces All nohces hereunder must be m wrrtmg and, unless otherw�se prov�ded herem, shall be deemed vahdly grven if sent by certified mail, retum recetpt requested, addressed as follows (or to any other ma�lmg address wh�ch the party to be notified may designate to the other party by such nohce), or by overn�ght delivery or as otherwise prov�ded under appLcable state law Should Lessor or Tenant have a change of address, the other party shall �mmed�ately be not�fied as provided m th�s Paragraph of such change Unless Lessor otherw�se spec�fies m wnnng, rent checks from Tenant shall be sent to the person I�sted below to whom not�ces are sent PnmeCo Personal Commumcahons L P l7/27/96 Pagc 6 Tenant Dallas MTA, L P c/o PrimeCo Personal Commumcat�ons, L P Address 5221 N O'Connor Blvd , Suite 1000 Irv�ng, Texas 75039 Attn North Texas - Srte Development PropeMy Manager Telephone Number (972) 337-3000 W�th a copy to PrimeCo Personal Commumcat�on, L P Address 5221 N O'Connor Blvd , Smte 1000 Irvmg, Texas 75039 Attn Southwest Region Legal Counsel Telephone Number (972) 337-3000 Lessor The C�ty of Denton, Texas Attn Sharon Mays Director of Electr�c Utdmes Address 901 Texas Street Denton,Texas76201 Telephone Number 817-566-8487 With a copy to Ciry Attorney Address Crty of Denton, Texas 215 East McKmney Denton, Texas 76201 Telephone Number 817-566-8333 13 Comphance wrth Laws The Tenant shall comply wrth all federal, state, local, laws, rules, regulauons and ordmances apphcable to the telecommumcations mstallation covered hereunder, as they may now read or heremafter, or amended 14 Venue This Agreement is entered mto m the Ciry and County of Denton, Texas and shall be governed by the laws of the State of Texas Venue and �ur�sdicGon of any surt or cause of action ansmg under or m connechon wrth th�s Lease shall be exclusrvely m a court of competent�unsdict�on s�ttmg m Denton County, Texas PnmeCo Personal Communmanons I P 1 //27/96 Page 7 IN WITNESS WHEREOF, the part�es have executed this Lease as of the date herem above stated LESSOR By Prmted Name Trtle TENANT By Prmted Name Trtle CITY OF DEN TEXAS l.� rC Ted Benavides Crty Manager D MTA, L P, a Delaware limited partnership, by its sole general partner, PRI EC PE O MUNICATIONS, L P, a Delaware I�m�ted partnersh�p —.�..� Do thas D ecto - S�te Development REVIEWED 9Y f..1� C' PRIMECO LEGAL DEPARTMENT PruneCo Personal Communicanons I P 7 U27/96 Pnge R EXHIBIT "A" 1 Spencer Radio Tower Equipment to be mstalled Personal Commumcations Sernces (PCS) [ransmrtung and recervmg equ�pment consisnng of rad�o transcervers batteries, rechfiers, and ancillary equipment Applicahon and frequency PCS (A-block 1850 1865 MHz, 1930-1945 MHz) Antennas 9 DB980H (ryp�cal style) I50 foot centerlme (approximately 145 I50 feet AGL) Feedhnes 9 runs of I 5/8 coax 2 McKenne Pnrk Rad�o Tower Equipment m be mstalled Personal Commumcatwns Services (PCS) [ransmrt[mg and recervmg eqwpmen[, cons�stmg of radio [ranscervers batter�es, rect�fiers, and anedlary eqwpment Applicahon and frequency PCS (A-block 1850-1865 MHz, 1930 1945 MHz) Antennas 9 DB980H (ryp�cal sryle) 150-foot cen[erlme (approximately 145-150 feet AGI ) Feedlmes 9 runs of I-5/8' coax PnmeCo Personal Cummunicauons I P l U27/96 Page 9 EXffiBIT "Al" LEGAL DESCRIPTION OF LESSOR'S PROPERTY Stte l.no��n as Spencei .�II that certam nact oi parc�l ot 12nd �itua[ed m Denron Counn ia�� ibuut ' mi'., �� u�he»t or �I < Gry ot Denton, and bemg part of a 640 acre survey patented to Mary L Ausnn on Apnl 8, 1856, patent No 1059 Volume 12 Abshact No 4 and bem2 a part of the tract convcved to J H Subktt b� T G Ratchff and wite by deed dated the 3" of July 1901 and record�d in �ol 83, pa�� ' ot �h� Deed Rewrd� ot Den[on County, TeYas descnbed bv metes and bounds as follo«s BEGINNING at the Northeast fence co�ner of the trect ot land conveyed b� Ra«htt ro Suble[t a� �tared thesame bemg on [he South boundary line ot a land runnine alom, the Nurth boundan linc, ot Said tract conveved by Ratcliff ro Sublett at or near the'voitheast cornzr thzreof THENCH North 88 de�rees West 560 2 �arns �� ith ten�a and ��ith the South boua� u lina ot �aid lane [o a stake for corner THENCE South 2 de�rees West 362 > varas [o a stakc for corneron the Notthea�t boundai � Ime ot n public road, THENCE South d9 degrees I i mmutes E�st �30 9 varas «rthfence and l�orthe�st bound�� line ot s2id pubhc road to a ten�a corner THENC.E South 88 degrees East 229 varas wrth tence and with the North boundm� Im� ot � public ioad which runs alon� [he North boundary hnz ot s�id uact conveyed bu Rat�litt to Subktt THENCE Noith I degrec 33 mmutes East 633 3 �aras to thc pl ico ot be_mnm_ u�d �onnm �, » n�res ot land Pa��e I ot 3 Srte knuwn as McKenna Parl. All that certam tract or parcel of land situated m the Co�mn of Denton Statc ot Tzras and bein� a pait of the Robert Beaumont Surve� and bemg more parncularly descnbEd a� tollows BEGINNING nt the South«est corner of the Robert Beaumont Survev at 1 pomt 131 I 3 ors Eant ot the Northwest corner of [he 6ueene Puchalsk� Survev m[he North boundary Imt ot [hc same at a pwt and pde of rock m the West border of the Cross-T�mbers and at a pomt known as Medlm's Pomt from which a P O brs North 90 de� East � vrs, another brs North 3d deg East 8 vrs THENCE East 302 3 vrs to a pomt for comer, said pomt bem� 20 feet East of the Southwest comer of a 15 acre tract deeded by R H Ewmg and w�fe M E Ewmg to D I. Wilkms THENCE Nonh and parallel with said D L Wilkms West boundary Imo 329'/� vrs to a pomt for comer said pmnt bemg 20 feet West of the Northwest corner of said Wilkms tract THENCE West 302 3 vrs a pomt for corner THENCE South 325 '/< vrs along the West boundary hne of said Beaumont Survey to place ot begmnmg and contaimng 18 acres of land more or less and bemg the same tract of Iand conveyed to us bv R H Ewmg and w�fe M E Ewme b� deed dated November 27 A D 1909 recorded m Volume I 13 page 21 �, of the Deed Records of Denton County, Texas Paqc 3 ot ? McKcnna Park AMENDMENT NO. 2 TO TOWER LEASE THIS AMENDMENT NO. 2 TO TOWER LEASE ("Second Amendment"), dated as of the latter of the signature dates below, is by and between City of Denton, Texas, a Texas Municipal Corporation, ha.ving a mailing address of 215 E. McKinney Street, Denton, Texas 7b201 {hereinafter referred to as "Lessor") and Dallas MTA, L.P. d/b/a Verizon Wireless, having a mailing address of One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (hereina.fter referred to as "Lessee"). WHEREAS, Lessor and Lessee entered into that certain Tower Lease dated December 1•7, 1996 (the "Lease"}, as amended by Amendment No. 1 dated as of February 17, 2009 (the "First Amendment"), whereby Lessor leased to Lessee certain tower space upon the McKenna Park Tower as described herein (callectively, the "Agreement"); WHEREAS, Lessor and Lessee desire to further amend the Agreement to allow for installation of an emergency power generator and related pad, as set forth in Exhibit "C" attached hereto; and Wf-IEREAS, Lessor and Lessee desire to adjust the rental due Lessor. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Description of McKenna Park Tower. E�ibit "Al" to the Lease and Exhibit "A" to the First Amendmettt are hereby deleted in their entirety and replaced with Exhibit "A-2" attached hereto. Exhibit "A-2" is an integral part of this Second Amendment. 2. Equipment. Exhibit "A" to the Lease is deleted in its entirety, and replaced. with Exhibit "B-2" attached hereto making provision for a power generator and reflecting a complete list of equipment instalied or to be installed at the McKenna Park Tower site. Certain details for placement of the generator are shown in Exhibit "C" attached hereto. Exlubit "B-2" and Exhibit "C" are integraI parts of this Second Amendment. , 3. Rent. Commencing on July 1, 2012 (the "Commencement Date"), Lessee shall pay to Lessor, in addition to the Annual Rent, a fee of One Hundred Fifty and No/100 Dollars ($15Q.00) multiplied by the number of remaining months in 2012 from the Commencement Date (the "Additional Rent"), which said amount sha11 be paid by Lessee to Lessor in a single payment witlun sixty (60) days of the CQmmencement Date. The annualized Additional Rent in the aanount of One Thousand Eight Hundred and No/100 Dollars ($1,800.00) shall be added to the Annual Rent beginning January 1, 2013. The Additional Rent sha11 be subject to the same adjustments to which the �nnual Rent is subject in accordance with the Agreement. McKenna Park 4. Notice. Lessee's notice address as set forth in Section I2 of the Lease is hereby deleted in its entirety and replaced with the following: Da11as MTA, L.P. dlb/a Verizon Wireless 180 Washington Va11ey Road Bedminster, NJ 07921 Attn: Network Real Estate 5. Conflicts. Except as hereUy amended,, all other provisions of the Agreernent will remain in full force and effect as originally written and the Agreement is hereby confirmed as to a11 provisions contained therein. In the event of any conflict betwaen the terms of this Second Amendment and the terms of the Agteement, this Second Amendment shall control. [SIGNATURE PAGE TO FOLL�W] McKenua Park Ilv WIT'NESS WHEREOF, the parties hereto intend that this Second Amendment shall be effective as the date of fulI execution hereof (the 'Bffective Date"). LESSOR: City of Denton, Texas, A Texas Municipal Corporation By: � Name• �=o�2y e C' . .�,��/ Tide: - � `✓i.,�-�e�� Date: � � � ATTEST: JENNIFER WALTERS, CITY SECRETARY: BY: � APPROVED AS TO LEGAL F4RM: ANITA BURGESS, CITY ATTORNEY ,/ �� ' `�� '�', B � ,�'j � y= ,� �`'� � � LESSEE: Da11as MTA, L.P, d/b!a Verizon Wireless By: Verizon Wi�ele� Texas�,.�.I�C, its general partner By, � — Hans F. eut egger Area Vice Pre ident Network Date: � T�� Z v STATE OF TEXAS COUNTY OF ��,,��✓ NOTARY ACKNOWLEDGEMENT McKenna Park ACKNOWLEDGMENT The foregoing instrument was acknowledged befvre me this ��day of , 2012, by George C. Campbell, Ciiy Manager, of the City of Denton, Tex . He is personally known to me or has produced a driver's license as identification. (AFFIX NOTARIAL SEAL) ��pYPU�� LtNDA A, HOLLEY `'�°�� e``= Notary Public, State of Texas ' My Commission Expires FF IAL N�TARY SIGNA ) '';:�:E�F�Ei::°` �ecemper oe, 2oi 3 NOTARY PUBLIC-STATE OF TEXAS -,,,,��,,,,� My commission expires: �a-8-i3 STATE OF NORTH CAROLINA COUNTY (JF MECKLENBURG L c,✓of} ��y (PRINTED, TYPED OR STAMPED NAME OF NOTARY) ) )5S. ) ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Hans F. Leutenegger, Area Vice President Network of Verizor� Wireless Texas, LLC, the general partner of DALLAS MTA, L.P, d/b/a Verizon Wireless, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he, being duly authorized to execute said instrument, executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office this � day o I�J^ , 2012. (PERSON IZED 5E�}�N M MUSA Notary i'ublic, North Carolina Meckienburg County � My Commission Expires � May 18, 2015 :� in and for the 5tate of North Carolina McKenna Nark Exhibit "A-2" Exhibit "A-2" �II d1a� C2�tain icacl or paree! a�' Iat�d sitltated in t[�� Coupty of D2n[u�s, State oi"F�.eas, tsnd 6ei�tg � part of �h� itol�ei�c �ea�rrrtoitt Survey �nd E�ing more particufariy descrH�sd A� tt�li�Evs: E3EG{N1VliVG �r tlto Sauthtivest corncr o� the ftfl�c��t Beaumant ,urvey �t s polnt i3 t E,3 vrx �nst of �Ir!s No�t�t�w�st corner a� �t,x ��,cne f''uch�tslul5un•�y in dTe hlort�► haimdary line aPdtie same at n past and pik of rocEc in the WCst bord�P af flte Cross-Tlmbers 8nd at st pbiut kn�wn es il9edlin'9 i�int fram whfch a F.Q. 6es Nort�i 90 c�eg, �:sst S vrs� nnother brs vorth 2�i deg. Easc $ v�s; � 1'(-I��tCE Es�t 302.3 vrs to a pawit for �orner, said �oi��t bein� ?0 feet F,ast oftho 5autl��est cnrncr o�'a 35 ncr� tract c[acc�ed l�y �. Ii. �wi►�g antt i,�iFe Nt. C. 8wtng to b, L, Wilki�s; '��i�N�� North �nd �au�all�ti w1i1� Said k�. L.1�ilkins W�st boursdery t►r�e 3�9 �f� vrs to u point for ew�t�er� sRid �oi»e bcing �Q f� Wost aP the i�Fon'hwes[ cc►rner af said �vllk#�rs uac� 'I'FifiNGE t�icsi 36Z,3 vr5 a�oiu[ Par aarnsi.• �• 'f 1�{�NCE 5oae�i 3?S'/s vrs alpng the 4Vesi twcmdstry lirw uf 5f�id �eaumouc 5t�rv�y to plaCe af � b�ginr►tng sRd containing i 8�cras of tand mare or less �nd batv�g c�e garna trnot af !�d oatrveyecl to us by �i, f�. �wing and wife Ar1. �. Gtvfug lry dectk dat�d Ne4'ar►�t�cr27, .t.CS.. 1�49, reooeded in Volu�ne E 13, pa�� 2t S, af the i7cat [tccorc�a of D�►ron Cout�ty; "Ccxas. McICenna Park Fxhibit "B_2„ Exhibit "S-Z" Equipment to be installed: Personal Communications Services (PCS} transmitting and receiving equipment, consisting of radio transceivers batteries, rectifiers, and ancillary equipment Application and frequency - PCS (A-block 1850-1865 NIHz, 1930-1945 MHz) Microwave Dish {5.250 — 5.850 CrHz) Antennas 9 DB980H (typical style) 150-foot centerline (approxirnately 145-I 50 feet AGL) Mierowave dish —1 P6F-52-N7A {6 foot) and supporting cable* Feedlines 9 runs of 1-5/8' coa7c Power Generator Kohler Model SQREOZJC '� As set forth more fully in that certain Amendmcnt No.l dated as nf February 17, 2004. McKenna Park Exhibit "C" E�ibit ��C" �� . �, 3 ��o; - - �._ - - - �u ,� .i 3 M1',�-- � � a � - _ - � � � � � McKenna Park . � � � � � � ' . THIS AMENDMENT NO. 4 TO TOWER LEASE ("Fourth Amendment"), dated as of the latter of the signature dates below, is by and between City of Denton, Texas, a Texas Municipal Corporation, having a mailing address of 215 E. McKinney Street, Denton, Texas 76201 (hereinafter referred to as "Lessor") and Dallas MTA, L.P. d/b/a Verizon Wireless, having a mailing address of One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (hereinafter referred to as "Lessee"}. WHEREAS, Lessor and Lessee entered into that certain Tower Lease dated December 17, 1996 (the "Lease"), as amended by Amendment No. 1 dated as of February 17, 2009 (the "First Amendment"), as amended by Amendment No. 2 dated as of June 27, 2012, as amended by Amendment No. 3 dated as of December 18, 2013, whereby Lessor leased to Lessee certain tower space upan the McKenna Park Tower as described herein (collectively, the "Agreement"}; WHEREAS, Lessor and Lessee desire to further arnend the Agreement to modify and install equipment at the McKenna Park Tower site, as set forth in Exhibit "B-4" attached hereto; and NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Equipment. Exhibit 66B-399 ta the Agreement is hereby deleted in its entirety, and replaced with Exhibit "B-4" attached hereto reflecting a complete list of equipment installed or to be installed at the McKenna Park Tawer site. Exhibit 66B-497 is an integral part of this Fourth Amendment. 2. Rent. Lessor and Lessee agree that the above-referenced modifications shall have no effect on the Annual Rent set forth in the Agreement. 3. Conflicts. Except as hereby amended, all other provisions of the Agreement will remain in full force and effect as originally written and the Agreement is hereby canfirmed as ta all provisions contained therein. In the event of any conflict between the terms of this Fourth Amendment and the terms of the Agreement, this Fourth Amendment shall control. I ► : � ' : �f�11C�1��7111[�]�.w�' 1 McKenna Parlc IN WITNESS WHEREOF, Lessor and Lessee have executed this Fourth Amendment as af the respective dates set forth below. , 1' City of Denton, Texas, a Texas Municipal Corporation a� � _ .� .� � � - > ,� �. �,._ By � ��,_,. ° �,� -� � �..� � Name: C ��s;�� C � ��a��bell Title: City C��ni�� • Date: �`" �,� .� �_. � ,�,�-� �� ,, � � By: �� , �� .. � ��. �.� APPROVED AS TO LEGAL FORM: A1V11L"'i DVitl1EA7A7y Cll 1 til loi�lVl�1 I �r ti� � � '� � s i � i � � � �� B3'• .� �..— � �� _��.�.. � ��' � Dallas MTA, L.P. d/b/a Verizon Wireless By: Vc��i;rc��7 %�7i��lc;�:; `l'��E��, LT,C`., it� ��;n�:.z�r�[ �7�7r��r�c�� $Y; ��` ' � s � ,�� Kazi Ahmed Director — Network Field Engineering Date: � � � • �' � • � STATE OF TEXAS ) .� )SS. COUNTY OF �� ) . • 1 McKenna Park The foregoing instrument was acknowledged before me this ��'�:Cay of „L , 2016, by George C. Campbell, City Manager, of the City of Denton, T��. �� is c�-��i��lly known to me or has produced a driver's license as identification. q� � �� L44 6� g^�y a�t �^3`"'"� _ �h�tl K ��}��`�$`&t't �EP��§ ��d`l4� �� '+' �c�i ��v,"`r��s�d� �,a`3;`� '� �r�� kl �ma,° ��: ^� :� � �'��^�� ° � � �� „'2� ,u� � eis � �� 5�� l��w��° �� k :, �E ��,_�� , My commission expires: t (t��l�"1� �"��,Lr �`�t�`��I�'Y' SIGNATURE) �IC�'� ��Y I � I�LIC-STATE OF TEXAS �t � � �"� � �"� �� ...... (PRINTED, TYPED (�f� STAMPED �J�`��vl� OF NOTARY} � J i :. Lessee shall be perrnitted to have the following equipment on the tower at the site: Antennas: Three (3) W85-19-R28-G antennas at the 152-foot centerline Six (6) CWWX063X25G00 antennas at the 152-foot centerline Tower Mounted Amplifiers: Six (6) Tower Mounted Amplifiers at the 152-foot centerline Diplexers: Remote Radio Heads: OVP boxes: Fiber Cables: Coaxial Cables: Six (6) Diplexers at the 152-foot centerline Three (3} Remate Radio Heads at the 152-foot centerline Two (2) OVP boxes Two (2) 1-1/499 Hybriflex Cables Twelve (12) Lines of 1-5/899 Coax Frequency: AWS (2115-2135 MHz, 1715-1735 MHz} LTE (746-756 MHz, 777-787 MHz} PCS (1930-1945 MHz, 1850-1865 MHz) Microwave Dish (5.250-5.850 GHz)* Microwave dish: One (1) P6F-52-N7A (6 foot) and supporting cable* ''r . •; � •�-' 1 � • �I � As set fcsrth en�r� Pi�lly 'rn th�t certain Amer�dmer�t Na.l dat�d as of F�braaary 17, 2009. Lessee Site Name: McKenna Park Lessee Contract No: 25389 d'�l'�I�d:��1WN��i`I`...l�T�,�, �� "N"C� ��"'C%�f�� f+��.�� ,� �� T�ais�� i�� o. 6 to Tower Lease ("Amendment") is made and entered into this ��„ y � �' 201�("Eifective Date") by and between City of Denton, Texas, a �� I��n � Texas ��a�rr�:a�^i�a��l � corpora�,��n ("Lessor"), and Dallas MTA, L.P. d/b/a Verizon Wireless ("Lessee"). Lessor and Lessee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WHEREAS, Lessor and Lessee entered into the Tower Lease dated December 17, 1996, as amended by the February 17, 2009 Amendment No. 1 to Tower Lease, the June 27, 2012 Amendment No. 2 to Tower Lease, the December 18, 2013 Amendment No. 3 to Tower Lease, the May 18, 2016 Amendment No. 4 to Tower Lease, and the May 30, 2017 Amendment No. 5 to Tower Lease (collectively with the Lease, the "Agreement"), pursuant to which Lessor leases to Lessee certain space on Lessor's Tower and certain ground space located at 500 Thomas Street, Denton, Denton County, Texas 76201; and WHEREAS, Lessor and Lessee desire to amend the Agreement to allow Lessee to modify its equipment on the Tower. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Any capitalized term used in this Amendment that is not defined herein has the meaning given that term in the Agreement. 2. Exhibit B-4 to the Agreement is hereby deleted in its entirety and replaced with Exhibit B-5 attached hereto and incorporated herein. As of the Effective Date of the Amendment, any and all references in the Agreement to Exhibits B-1, B-2, B-3, and B-4 are hereafter references to Exhibit B-5. 3. There is no rent increase associated with this Amendment. 4. Lessor and Lessee hereby warrant to the other that the person executing this Amendment on behalf of the warranting Party has the full right, power and authority to enter into, and execute, this Amendment 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 Amendment. 5. Except as speciiically provided in this Amendment, the Agreement shall remain in full force and effect and shall continue to be binding upon, and enforceable against, Lessor and Lessee in accordance with its terms. All covenants, terms and obligations of the Agreement not modiiied by this Amendment are hereby ratified and affirmed. The terms and provisions of this Amendment shall control in the event of any inconsistency or discrepancy between the Agreement and this Amendment. [Signatures on following page] 4834-0479-0098 vl 3000007-700001 Lessee Site Name: McKenna Park Lessee Contract No: 25389 IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment effective as of the day and year first above written. �� .� �,<:� ;�� ; �� ° � � ;�� .�.�.��,o�..� City�Attorney 4834-0479-0098 vl 3000007-700001 %°�'� „�'� '.. �m °� LESSOR: City of Denton, Texas, a Texas municipal corporation � a� �� _a_ By• " . .�_ .. .._� Name: -fn��l {�IT�(��°��__.._�__�....�.��.m�_ _�....� Title: f �f� M n�r,�u2r Date:�.�w� �,y ��'�� W��,r�, �- LESSEE: Dallas MTA, L.P. d/b/a Verizon Wireless By: Verizon Wireless Texas, LLC Its: General Partner .�w r�" � � ,� �� „_... � B ��,� �� My��, � � �, � " y ��,� ...�._.�. __.. ......m. .......�_ ,, �� i�'r If��tr��,c �� f°°��Director - Network Field Engineering �,� �� _ ,, Date: , ° �w..._. �u�"� . �.I��'' .�Y�.��... .. Lessee Site Name: McKenna Park Lessee Contract No: 25389 : : � . .. �. ,r • .; • - � r • •� • . � . + . ,, , . Antennas: T s: RRHs: OVP Boxes: AGL: Fiber Cables: Coaxial Cables: M1CY'0 W a.V 0: (3) W85-19-R28-G antennas (6} C 063X25G00 (3} T s (9) Remote Radio Heads (2) O boxes Antennas at 152' (2) 1-1/4" hybrid cables (12} 1-5/8'° coax '• ' � •w♦ � �• .* � � � � � r �.��.� �, ... i ..��. i+ .` � ..�� i....� :',.�� . �...' Generator: Existing 4834-0479-0098 vl 3000007-700001