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2016-250S:\Legal\Our Documents\Ordinances\160enton Commercial Internet Ordinance - FINAL.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR AUTHORIZATION OF A TOWER/GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, A TEXAS HOME RULE MUNICIPAL CORPORATION, AND DENTON COMMERCIAL INTERNET, INC., A TEXAS CORPORATION FOR DENTON COMMERCIAL INTERNET, 1NC.'S LEASE OF ANTENNA SPACE ON MCKENNA PARK RADIO TOWER AND GROUND IMMEDIATELY ADJACENT TO THE TOWER; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton finds that the execution of the attached Tower/Ground Lease Agreement is in the best interest of the City as it will allow additional commercially available wi-fi service to areas that have limited, or no access, to internet service. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Tower/Ground Lease Agreement, attached hereto and incorporated herein, and to carry out the duties and responsibilities of the City under the same. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of X ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 11'l 'VEDA TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:� 2016. THIS AGREEMENT, made this ayofAugust, 2O16,(the "Effective Date"\bvand between the CITY OF DENTON,TEXAS, aTexas Municipal Corporation, hereinafter called "LESSOR" and Denton Commercial Internet, Inc., a Texas corporation, located at 109 E. Oak St., Denton, Texas 76201. WHEREAS, LESSOR is the owner of the following described real property, including the McKenna Park Radio Tower (the "Tower") and compound, commonly known and as described in the attached Exhibit "A",inthe City mfDenton, Denton County, Texas; and WHEREAS, LESSEE desires to lease antenna space from LESSOR on said Tower and ground space for LESSEE'S equipment building or cabinet, and all appurtenances thereto; together with access for ingress and egress, for the purpose of installing, operating and maintaining facilities to provide commercial mobile radio services ("CK4R5"); and NOW THEREFORE, in consideration of the covenants, conditions, agreements, and rents hereinafter set forth, the adequacy of which is hereby acknowledged, LESSOR and LESSEE agree as follows: e. LESSOR hereby leases, lets and remises to LESSEE, and LESSEE takes from LESSOR, sufficient space on LESSOR'S Tower at 115, 112, and 60 feet AGLtm attach LESSEE'S microwave dishes and access points a 2' x 3' area (approximately 6 square feet) of ground space adjacent to said Tower for LESSEE'S equipment building orcabinet and all appurtenances thereto. LESSOR also grants to LESSEE access for ingress and egress to and from said Tower and equipment building or cabinet. The equipment space and ground space described above are hereinafter referred to as the "Leased Premises", which together with the access for ingress and egress are more particularly shown onExhibit "B." b. LESSEE'S antenna array, equipment cabinet, telecommunications equipment (collectively the "CMRS facilities") and the location of these facilities, including where the antenna array attaches upon the Tower are more particularly illustrated and defined in Exhibit "B", which is attached hereto and made a part hereof for all purposes. LESSEE'S equipment building or cabinet shall be installed on a slab foundation or otherwise at LESSEE'S expense. Said CK8RS equipment and equipment building orcabinet shall be owned by LESSEE and shall be removed from the Leased Premises by LESSEE within a reasonable period following termination of this Agreement, but in no event later than six /6\ months thereafter. The equipment building or cabinet will beplaced adjacent tothe Tower esdescribed inExhibit "B." C. LESSOR shall grant any and all easements onthe Leased Premises as may be required by the appropriate electric, telephone, and any other utility company for the purpose of servicing LESSEE'S CMRSfacilities. LESSEE shall not use orpermit the property tobaused for any purpose other than a CIVIR8fad|ity. LESSOR shall a||oxx LESSEE to install, operate, maintain, replace and remove its CIVIRS facilities, and related cables, wires, conduits, antennas, air conditioning equipment, and other appurtenances as it may from time to time require. Although such equipment and appurtenances may become fixtures, they shall be and shall remain the property of LESSEE, and LESSEE shall have the right to remove all of them at the expiration or termination of this Agreement. LESSEE, at its sole expense shall promptly repair the property Page 1 of 10-Tower/Ground Lease Agreement (Denton Commercial Internet, 0nc.) once the fixtures are removed by LESSEE so that the property will be in substantially the same condition that it was at the beginning of the Agreement, less reasonable wear and tear excepted. The parties agree that the CMRS equipment and equipment cabinet shall become the property of LESSOR if LESSEE fails to remove said CMRS equipment and equipment cabinet in accordance with the terms of this agreement. LESSEE shall have twenty-four (24) hour, seven (7) days a week access to the Leased Premises in order to perform its business functions. d. LESSOR grants to LESSEE a non-exclusive right to occupy the McKenna Park Radio Tower. This Lease in no way limits LESSOR'S ability to lease the use of the said Tower to other entities for lawful pursuits, subject to the provisions, however, of this Agreement. 2. Survey. LESSOR hereby grants to LESSEE the right to survey the Leased Premises at LESSEE'S sole expense. Said survey, if made, shall become Exhibit "C' to this Agreement and shall supersede Exhibit "A" to the extent required. 3. Access. Prior to and after the Effective Date, LESSEE and its authorized agents shall have access to the Leased Premises at such times as LESSOR and LESSEE mutually agree for the purpose of undertaking any necessary tests, studies and inspections relating to LESSEE'S proposed use of the Leased Premises. During the term of this Agreement, only COMTRAIN certified, and adequately insured, agents, contractors or persons under LESSEE'S direct supervision and control will be permitted to climb the tower structure or to install or remove LESSEE'S antennas and/or transmission lines from the Tower. LESSEE will provide LESSOR with written documentation of both COMTRAIN certification and insurance coverage of any and all climbers it intends to use before the same climb the Tower. LESSOR retains the right to permit its own employees and agents and employees and agents of subsequent users of the tower structure, to climb the Tower structure for all purposes that do not interfere with the LESSEE'S use of the Tower, and so long as such subsequent users comply with the provisions of Paragraph 7.b. of this Agreement. LINEWOM a. The term of this Agreement shall be ten (10) years beginning on the first (1st) day of the calendar month (hereafter, the "Commencement Date") following the earlier to occur of: (i) the issuance of all necessary City building permits or (ii) the commencement of LESSEE'S construction at the Leased Premises. Rent shall be paid in equal monthly installments, in advance, to LESSOR or to such other person, firm or place as LESSOR may from time to time so designate in writing at least thirty (30) days in advance of any rental payment date. i. The first year's rental shall be $8,064.00, payable to LESSOR by LESSEE in equal monthly installments of $672.00 per month. ii. The rent shall be payable in advance, on an equal monthly installment basis, on the 1st day of each month throughout the term hereof. iii. On each annual anniversary of the Commencement Date of the Agreement, the rent in Paragraph 4.a.1. above shall be automatically increased by a rate of 3% per annum over the immediately preceding year's rental. By way of illustration, this provision, for the primary ten (10) year term of the Agreement, provides for ten (10) separate rate increases. Page 2 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.) b. If, at the end of ten (10) years, this Agreement has not been terminated by either party giving to the other written notice of an intention to so terminate it at least nine (9) months prior to the end of such ten (10) year term, and the Agreement is not then in default, then LESSOR grants to LESSEE an option to continue the Agreement for a five (5) year renewal term under the same covenants, terms, and conditions, SAVE AND EXCEPT that the subject of rental payments due under said five (5) year option shall be negotiable by LESSOR and LESSEE (based on then - current fair market rental rates for comparable CMRS facility sites). C. If, at the expiration of the first five (5) year renewal term provided for in paragraph 4.b. hereinabove, the Agreement is not then in default, then LESSOR grants to LESSEE a second, and final option to continue the Agreement for a second five (5) year renewal term under the same covenants, terms, and conditions, SAVE AND EXCEPT that the subject of rental payments due under the said second five (5) year option shall be negotiable by LESSOR and LESSEE (based on then -current fair market rental rates for comparable CMRS facility sites). d. LESSOR and LESSEE agree that both the first five (5) year term option and the second five (5) year term option, if exercised, shall be negotiated as well as documented and executed no later than thirty (30) days prior to the expiration of the previous term. e. PROVIDED HOWEVER, if LESSEE is not in default hereunder and shall have paid all rents and sums due and payable to LESSOR by LESSEE as required herein, LESSEE shall have the right to terminate this Agreement at any time following the expiration of three (3) years from the Effective Date hereof, with six (6) months prior written notice to LESSOR, without further obligation hereunder. Notwithstanding the preceding sentence, LESSEE shall have the right to terminate this Agreement upon thirty (30) days prior written notice if: (i) environmental contamination not caused by LESSEE is found on the Leased Premises or (ii) before issuance of all necessary Governmental Approvals. 5. Contin encie . a. It is understood and agreed that LESSEE'S ability to use the Leased Premises is contingent upon its obtaining, either before or after the Effective Date of this Agreement, all of the certificates, permits, and other approvals that may be required by any federal, state or local authorities ("Government Approvals") as well as satisfactory soil boring tests, tower load studies, title review, and/or environmental studies that LESSEE, in its sole discretion, deems necessary ("Initial Tests"). LESSEE shall make due and timely application for all such necessary Government Approvals, which LESSEE shall obtain at its sole expense. LESSEE shall be allowed to place on the Leased Premises all signs required by federal, state, or local law. b. LESSOR shall cooperate with LESSEE in its effort to obtain all Government Approvals and perform Initial Tests. LESSEE shall have the right to terminate this Agreement immediately if (i) any application for Governmental Approval is finally rejected; (ii) LESSEE, in its sole discretion, believes such application or obtaining any Governmental Approvals will be too costly, time consuming or there is reasonable likelihood that said application will be rejected; (iii) any Governmental Approval issued to LESSEE is cancelled or otherwise withdrawn or terminated by governmental authority; or (iv) in LESSEE'S reasonable opinion the results of any Initial Tests are unsatisfactory. Notice of said termination shall be given to LESSOR in writing by certified mail, Page 3 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.) return receipt requested, atthe address shown herein. All rentals paid for the lease ofthe Leased Premises through said termination date shall be retained by the LESSOR; and LESSEE shall pay LESSOR for any costs expended by LESSOR in preparing the Leased Premises for the location of LESSEE'S equipment. Upon such termination, this Agreement shall become null and void, and the parties shall have no further obligations, including the payment of money, to each other. 6. LESSEE Covenants. LESSEE covenants and agrees that LESSEE'S equipment, its installation, operation and maintenance will: a. Not interfere with the operation of existing radio equipment at the Leased Premises. In the event there is harmful interference to said electronic equipment LESSEE will promptly take all steps necessary to identify the problem, and, if caused by LESSEE'S equipment, take all reasonable steps to eliminate said harmful interference within seven (7) days after notice is received from LESSOR to LESSEE advising of the interference. If said interference cannot be eliminated within fifteen (15) days after receipt ofnotice thereof, LESSEE agrees to immediately suspend operations (transmissions) at the Leased Premises while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated, then LESSEE shall remove its building and equipment from LESSOR'S property and this Agreement shall hereupon beterminated. b. Comply with all applicable rules and regulations of the Federal Communications Commission ("F[C"),and electrical codes ofthe City and/or State. Under this Agreement, LESSOR assumes no responsibility for the licensing, operation and/or maintenance of LESSEE'S CIVIR5 facilities and appurtenances. |fthe addition of LESSEE'S equipment onthe Leased Premises requires an increase in the current height of the Tower or a change in the location of the Tower on the Leased Premises, LESSEE shall not install its equipment or increase the height of the Tower until obtaining clearance from LESSOR so that LESSEE may comply with all FCC and/or Federal Aviation Administration ("FAA") rules regarding Tower height and location. 7. LESSOR Covenants. LESSOR covenants that: a. LESSOR is seized of good and sufficient title and interest to the Leased Premises and has full authority toenter into and perform this Agreement. b. LESSOR shall cause all subsequent users of the Tower to coordinate with LESSEE prior to placing any equipment on the Tower to ensure that their frequencies and antenna locations will be compatible with LESSEE'S and to agree to s clause similar to that agreed to by LESSEE in Paragraph 6.e, above and promising to immediately eliminate harmful interference if said user's radio equipment should interfere with that ofLESSEE. C. LESSEE will enjoy undisturbed possession of the Leased Premises asprovided in Paragraph 16.a. 8. Indemnification. a. THE LESSEE SHALL DEFEND (AT THE OPTION OF THE LESSOR),INDEMNIFY, AND HOLD THE LESSOR, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, Page 4 of 10- Lease Agreement (Denton Commercial Internet, Unc.) INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE LESSEE, OR THE LESSEE'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE LESSEE'S OBLIGATIONS UNDER THIS AGREEMENT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE LESSOR OR THE LESSEE (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. b. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the LESSOR, the LESSEE, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); (2) violation of Environmental Regulations as defined in Paragraph 9.b. below; and/or (3) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the LESSOR, the LESSEE, the LESSEE's subcontractors, and third parties). C. "Fault" shall include, but not be limited to, negligence, willful misconduct or a breach of any legally imposed strict liability standard. 9. Environmental Issues. a. LESSEE represents, warrants, and covenants to LESSOR that LESSEE shall at no time during the term of this Agreement use or permit the Leased Premises to be used in violation of any Environmental Regulations. LESSEE will not exercise any control over environmental conditions or any activities, other than those conducted by LESSEE under this Agreement, at or near the Leased Premises that involve the generation, storage, treatment, or disposal of any hazardous substance, material, chemical, or waste. LESSEE and LESSOR also agree that LESSEE'S use of the Leased Premises will not involve the subsurface, except for the placement of a foundation for LESSEE'S equipment and facilities. b. For the purposes of this clause, the term "Environmental Regulations" shall mean any law, statute, regulation, order or rule now or hereafter promulgated by any Governmental Authority, having jurisdiction, whether local, state or federal, relating to air pollution, water pollution, noise control and/or transporting, storing, handling, discharge, disposal or recovery of on-site or off-site hazardous substances or materials, as same may be amended from time to time, including without limitation the following: (i) the Clean Air Act (42 U.S.C. § 7401 et seq.); (ii) Marine Protection, Research and Sanctuaries Act (33 U.S.C. § 1401-1445); (iii) the Clean Water Act (33 U.S.C. § 1251 et seq.); (iv) Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. § 6901 et seq.); (v) Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.); (vi) Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) ; (vii) the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C. § 135 et seq.); (viii) the Safe Drinking Water Act (42 U.S.C. § 300 (f) et seq.); (ix) Occupational Health and Safety Act (29 U.S.C. § 651 et seq.); (x) the Hazardous Liquid Pipeline Safety Act (49 U.S.C. § 2001 et seq.); (xi) the Hazardous Materials Transportation Act (49 U.S.C. § cVp 1801 et seq.); (xii) the Noise Control Act of 1972 (42 U.S.C. § 4901 et seq.); (xiii) Emergency Planning and Community Right to Know Act (42 U.S.C. §§ 11001-11050); and (xiv) the National Environmental Policy Act (42 U.S.C. §§ 4321-4347). C. This Paragraph 9 shall survive the expiration or termination of this Agreement. 10. Insurance. During the term of this Agreement, LESSEE will carry commercial general liability insurance with customary coverage and exclusions in the following amounts: Bodily Injury - $1,000,000 for injury to any one person and $2,000,000 for all injuries sustained by more than one person in any one occurrence. Property Damage - $100,000 for damage as a result of any one accident. LESSEE agrees to furnish LESSOR with certificates of insurance certifying that LESSEE has in force and effect the above specified insurance. LESSEE further agrees to cause said policies of insurance to reflect LESSOR as an additional insured, to the extent permitted by applicable law. 11. Taxes. LESSEE shall pay all personal property taxes levied against its CMRS facilities and appurtenances located upon the Leased Premises before the same become delinquent. 12. Utilities. LESSEE shall have a separate power meter installed for its electric service and LESSEE agrees to pay any and all costs related to said electric service. 13. Quiet Title. LESSOR covenants that LESSEE, on paying the rent and performing the covenants by it herein made, shall and may peaceably and quietly have, hold and enjoy the Leased Premises under the terms and conditions specified in this Agreement. 14. Choice of Law. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Agreement shall be conducted exclusively in Denton County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. 15. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, postage prepaid, return receipt requested, addressed as shown below (or to any other address that the party to be notified may have designed to the sender by like notice): LESSEE: LESSOR: General Manager Denton Commercial Internet, Inc. P.O. Box 177 Aubrey, Texas 76227 City Manager City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Page 6 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.) with a copy to: City Attorney City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 a. Subject to the other terms of this Agreement, LESSOR covenants that LESSEE shall, and may peacefully have, hold and enjoy the Leased Premises for the term of this Agreement provided that LESSEE pays the rent payable to LESSOR under this Agreement and performs all of LESSEE'S covenants and agreements herein contained. LESSOR shall take no action that will or could adversely affect LESSEE'S use of the Leased Premises. b. LESSOR acknowledges that the Leased Premises have little or no value to LESSEE if LESSEE cannot use the Leased Premises as fully contemplated by LESSEE, that the Leased Premises are unique, and that LESSEE has made or will make a large investment in the Leased Premises, and therefore, LESSOR agrees that LESSEE, in addition to the remedies set forth in Paragraph 19, shall be entitled to injunctive relief or other equitable relief to require LESSOR to comply with all provisions of this Agreement which may interfere in any way with LESSEE'S contemplated use of the Leased Premises, so that LESSEE may continue with such use of the Leased Premises as fully contemplated by LESSEE. C. Any sale or transfer or assignment by the LESSOR of all or part of the Leased Premises or its interest in and to this Lease Agreement, shall be under and subject to this Agreement and LESSEE'S rights hereunder, such that LESSEE'S rights hereunder shall not be disturbed. 17. Ansi nment. Upon written notification from LESSEE to LESSOR, this Agreement may be sold, assigned, subleased, or transferred by LESSEE at any time, without the consent of LESSOR, to a subsidiary, partner or affiliate of LESSEE; or to a successor to the primary business of LESSEE, with the advance written notice of LESSOR, only to the extent that said successor is of equal or greater creditworthiness than LESSEE. Any other assignment of this Agreement shall require the advance written approval of LESSOR, such approval not to be unreasonably withheld. 1. Successors; Assigns. This Agreement shall extend to and bind the successors and assigns of the parties hereto. a. If either party breaches a provision of this Agreement, the non -breaching party shall provide and deliver the other party written notice of the alleged breach. If the breaching party has not cured the breach within thirty (30) days of the receipt of such notice (the "Cure Period") or if the breach cannot be cured within the Cure Period, and the breaching party has not performed substantial work to cure the breach within the Cure Period, the non -breaching party may then give written notice of its intent to terminate this Agreement. Such termination shall Page 7 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.) become effective ten (10) days after the breaching party's receipt of the notice of intent to terminate letter; provided that the breaching party has not cured the breach within such additional ten (10) day period. b. If, at any time during the term of this Agreement, LESSEE determines, following discussion of the subject with LESSOR, in its reasonable discretion, that due to technological reasons, including serious signal interference, the Leased Premises is not appropriate for providing CMRS, and a third disinterested expert party, to be selected jointly by LESSOR and LESSEE who examines the situation is in agreement, then LESSEE may terminate this Agreement on thirty (30) days' notice to LESSOR. LESSEE shall also have the right to terminate this Agreement in accordance with Paragraphs 4.c. and 5.b. 20. Maintenance. LESSOR shall be responsible and liable for the maintenance of LESSOR'S Tower in compliance with any and all applicable laws, statutes, rules and regulations, including but not limited to, those rules and regulations, promulgated by the FCC and FAA regarding painting, marking and lighting of LESSOR'S Tower. LESSOR shall allow LESSEE to place any sign or placard on the Leased Premises or on the CMRS facilities and appurtenances attached thereto as required by federal, state, or local law, at no additional expense. 21. No Representations. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall or will be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition to, variation or modification of this Agreement shall be void and ineffective unless in writing signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their respective seals on the dates and year above written. Page 8 of 10 - Tower/Ground Lease Agreement (Denton Commercial Internet, Inc.) CITY OF DENTON, TEXAS, a Texas home -rule municipal corporation By: Howard Martin, Interim Cit Manager A • BEFORE ME, the undersigned authority, on this the V�' day of August, 2016, personally appeared Howard Martin, Interim City Manager of the City of Denton, a Texas home rule municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City Council of the City of Denton, Texas and that he executed the same as the act of such municipal corporation for the purposes By: t Mate JENNIFER K, WALTERS 0 r ry 1:j Y 3u State of Texas C�OMM. EXP 12-19-2018 owk NOUkRY 1D 1117650 a Texas corporation By: Michael Wasserman, President BEFORE ME, the undersigned authority, on this the day of August, 2016, personally to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me By: Illilill Legal Description McKenna Park Communication Facility Ar owned by the City of Denton BEING a 0.079 1 Acre Tract of Land situated In the City of Denton, and being out of the ROBERT BEA I IT!O11Jkd SURVEY, Abstract No. 31, Denton County, Texas. and being part of a called 18.0 acre tract of land described to the City of Denton by a warranty deed as recorded in Volume 358. Page 559 of the Deed Records of Denton County, Texas and being more particularly described as follows; COMMENCING the Southeast corner of said City of Denton tract of land now commonly• McKenna Park; THENCE North with the west right of way line of Thomasc• for a distance of 459.78 r„ • THENCE East departing said west right of way line for a distance of 169.72 feet to a metal corner for the PLACE Of BEGINNING; THENCE North 89 degrees 08 minutes 33 seconds West for a distance of 98.47 feet to metal corner post for corner; THENCE North 00 degrees 51 minutes 27 seconds East for o distance of 35.00 feet for corner; THENCE South '' degrees 1: minutes 33 seconds• of 98.47 • THENCE South 1/ degrees 51 minutes 27 seconds• distance of 35.00 feet to PLACE CONTAININGBEGINNING and , .6 square feet of land or 0.0791 of land. Tower Attachment Specifications and Equipment Building or Cabinet Locatior for DentonCommercial Internet, Inc."s use •McKenna ParkCommunication 1 *.14: 1 Iffils" Attached to and made a part of that certain Tower/Ground Lease Agreement dated August 9, 2016, by and between the City of Denton, Texas, Lessor and Denton Commercial Internet, Inc. SITE PLAN CELL SITE NAME: SCRIPTURE/THOMAS EXHIBIT "B" Denton Commercial Owner: City of Denton - McKenna Park Radio Tower Site Denton, • • 11 y 17950 PRESTON ROAD, SUITE 720 r DALLAS, TEXAS 75252 • TEL. 972 -783-2578 FAX 972-783-2583 www.maioufengineering.com rV A.E uti �. MEMBER "TrTFANIOU Mr. Michael Wassenpan Denton Commercial Internet Denton, TX 76201 RIGOROUS STRUCTURAL ANALYSIS 0 Gig] IN I MA 6 1 97-09-34.27 W EXECUTIVE SUMMARY: fdalouf Engineering int! (M.El), as requested, has periormed 0 r1g0r0LJS structural analysis of the above mentioned sirik)cture to assess the irnpoct of the changed condition as noted in it 1, Based on the stress ana6ysis performed, the eeistklig struclaure Is In conformance with the Int'l Building (Zode (IBC) 1 ANS4/TIA-222-G Standard for the loading considered under the criteria listed and referenced in tree report sections tower rated at 63.0% - Legs, The installaffon of the proposed changed condition as noted in Table I is structurally acceptable. Nease ref &, to Appendix I for Schernafic Lines Layout. KE -1 appreciates the opportunilty of p,roviding our continu'ling protessional services to you. If you have any questions or, need further assistance on this or other projects lopleose confaCt US. Respeectpufly submitted, MALOUF ENGINEEMNG IW%, INC. Texas CoA # F-, 1401 OTMPMR- . P,. Krishna Manda, PE Sr, Projeca Engineer Reviewed & A�,')r)l E. Mark Malout Texas #64 t 67 972-783-2578 ey+, 106 ,7,,rriolouf@rt,,alot,,fengneering.corn 17950 PRESToN ROAD, SLA YE 720 . AL s, Tr .As 75252 . TrUl 972-,7&3-2578 F,,,x 972-783-2.Y33 N ,�Mllll MT 111no • 1. INTRODUCTION 2. SOURCE OF DATA 4 Background Information- 4 3. ANALYSIS CRITERIA .......... . 5 Appurtenances Configuration -- – ------------ – ----- – ------------ – -------------- – -- – ------ – – --------------- 5 4. ANALYSIS PROCEDURE 7 AnalysisProgram – – -- – -- – – -- – – – -- – ---- – ---------- – ---------- – – -- – ----------------------- 7 Assumptions------- – ------------ – -- – ---------- – ------- – – ---------- – ---- – – – -------- – -- – ------ – – -------------- 7 5. ANALYSIS RESULTS —8 6. FINDINGS& RECOMMENDATIONS 9 7. REPORT DISCLAIMER 10 APPENDIX I - ANALYSIS PRINTOUT & GRAPHICS _...–......M 11 APPENDIX 2 – SOURCE / CHANGED CONDITION 12 MALOUF ENGINEERING INVIL, INC. ME1 PROJECT ID TX001 15S -16V1 - 05/16/16 - Pg. 3 This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. 0 A rigorous structural analysis was performed by Malouf Engineering Int'l (MEI), as requested and authorized by Mr. Michael Wasserman, Denton Commercial Internet, to determine the acceptance of the proposed changed conditions in conformance with the IBC / ANSI/TIA-222-G Standard, "Structural Standard for Antenna Supporting Structures and Antennas". The scope of this independent analysis is to determine the overall stability and the adequacy of structural members, foundations, and member connections, as available and stated. This analysis considers the structure to have been properly installed and maintained with no structural defects. Installation procedures and related loading are not within the scope of this analysis and should be performed and evaluated by a competent person of the erection contractor. The different report sections detail the applicable information used in this evaluation, relating to the tower data, the appurtenances configuration and the wind and ice loading considered. 2. SOURCE OF DATA The following information has been used in this evaluation as source data that accurately represent the existing structure and the related appurtenances: Source Information Reference STRUCTURE Tower MEI Records Previous Structural ID TXOO I 15S -16V0 Analysis Dated 01 /15/2016 Foundation MEI Records Previous Structural ID TX001 15S-1 6VO Analysis Dated 01 /15/2016 Material Grade Available from sueplied documents noted above -refer to endix CURRENT APPURTENANCES MEI Records Previous Structural ID TX001 15S-1 6VO Analvsis Dated 01 /15/2016 Tower Photo Received 05/12/2016 DCI Mr. Michael Wasserman CHANGED CONDITION DCI E-mail Instructions Dated 05/12/2016 & Mr. Michael Wasserman I I Dated 05/13/2016 Bach round Information: Based on available information, the following is known regarding this structure: DESIGNER / FABRICATOR Pi -Rod / U 16.0 ORIGINAL DESIGN CRITERIA TIA/EIA 222-E - 75/65 Mph + 0/ 1/2" Radial Ice PRIOR STRUCTURAL MODIFICATIONS None Known AAALOUF ENGINEERING INT'L, INC. MEI PROJECT ID TX00115S-16V1 - 05/16/16 - P. 4 This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. 0 11-11.111— FIq W I qk NTINAM�1111 3. ANALYSIS CRITERIA The structural analysis performed used the following criteria: CODE / STANDARD 2012 Inf'I Building Code / ANSI/TIA-222-G-2 Standard LOADING CASES -Full Wind: I'l 5 Mph ultimate gust [equiv. 90 Mph (3 -sec gust) I w/No Radial Ice** Iced Case: 30 Mph + 0.75" Radial Ice Service: 60 Mph STRUCTURE CRITERIA Structure Classification: Class 11 Exposure Category: 'C' - ropogrophic Category: I Api?,urtenances Co The following appurtenances configuration is denoted by the summation of "Fables I & 2: Table 1: Proposed Changed Condition Appurtenances Elev Tenant Ants Appurtenance Model / Description Mount Description Lines Line size & fft) QtV ON Location 115* DCI 1 2ft Dia. HP Dish (SPD2-5.2) Leg Mounted -S Leg 1 1-1/4" PVC (Az. 144.60± Path to American Tower) Pipe w/ Cat 5 1 ODU Box Cables-(FZ) 112* DCI 3 AM -3G18-120 Panel Antennas Lea Mounted 60 DCI 1 2ft Dia. HP Dish (SPD2-5.2) Leg Mounted -NW Leg Az. 2640± Path to Ponder] I 1 __6DUBox 1 airFiber AF24 Leg Mounted -NE Leg (Az. 1000± Path to Ooera House) Table 2: Remaining Current and Reserved/Future Appurtenances Elev Tenant Ants Appurtenance Model / Description Mount Description Lines Line size & (it) QtV QtV Location 163 1 Licjhtnina Rod 161 1 Beacon I SO Chord 152± VZW 6 AWC&TMA-DD-1 700 -FB IV TMAs (3) Crossarm Mount Assemblies 12 1-5/8"-(FZ) VZW 6 CWWX063X25x00 (LTE/LOP/AWS] Panel 2 Hybrid 6x12 (8 [New] Antennas AWGx6) - 3 W85-19428-xx 1PCS1 Panel Antennas HFT1208-24S26- 3 ALU-RRH 2x60 Boxes (FZ) 6 Diolexers 2 Roycon RxxDC-3315-PF-48 OVP Boxes _14Denton 3 RFS 10017-9 Super Stationmaster Ants. (3) Oft Trico Sidearm Mounts 3 7./8"-(,FZI 139 1 TMA 130 Denton I SecureMesh Gate -1000 1 1 ' /2"-(FZI M AT&T 6 SBNHH-ID65B Panel Antennas (3) Cross Face Mounts + 12 7/8" 6 SBNH-ID6565B Panel Antennas NEW (3) LP Cross Face Mounts 4 20mm DC 15 R R US- 12 Boxes (At Elev. 11 7ft+ Similar to Cable (WR - 9 RRU A2 Modules Existing - AntennaIRRU Pipe VG86ST-BRD) I RavcaD DC6-48-60-18-8F Suppressor Mounts to span across both I 10mm Fiber I RavcaD DC6-48-60-0-8F Suppressor UIV IC7;le mounts) A Cable (FB - L98B-002-5000) 6 KRY 112 75/1 TMAs 1 RET Cable-(FZ) 6 KRYI 12 7611 TMAs 102 Denton I RFS 220-2VHF Super Stationmaster Ant. Oft Trico Sidearm Mount 1 7 ' /8"-(FZ) 82 Denton I Aft Whip Antenna 1 7/8"-(FZI 81.5 2 OB Liahts I SO Chord 42 Denton I Breezecomm Grid Antenna I 1./2"-(FZI 35 Denton 2 Cameras 2_2 j 1.7,1 AAALOUF ENGINEERING INT'L, INC. MEI PROJECT ID TX001 15S- 1 6VI - 05/16/16 - Pg. 5 This report Is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. 0 DENTON • INTERNET McKENNA PARK TOWER Notes: I . *Elevations adjusted to avoid Interference with other carrier's loading. 2. A AT&T Additional Face support mount Is to be Installed as It should have been as noted In the 2014 analysis report for the AT&T changes at that time. 3. **As per 2012 IBC for ultimate 3 -sec gust wind speed converted to nominal 3 -sec gust wind speed as per Sect. 1609.3.1 as required to be used in A NSI/TIA-222-G Standard per exception 5 of Sect. 1609.1.1. 4. All elevations are measured from tower base. 5. Please note appurtenances not listed above are to be removed/not present as per data supplied. 6. (1) = Internal; (E) = External; (FZ) = Within Face Zone; (OFZ) = Outside Face Zone - as per TIA-222-G. 7. The above appurtenances represent MEI's understanding • the appurtenances configuration. If different than above, the analysis is invalid. Please contact MEI if any discrepancies are found. . .. ................. MALOUF ENGINEERING INT'L, INC. MEI PROJECT ID TX001 15S- 1 6VI - 05/16/16 - Pg. 6 This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. 0 Fill 91 1 The subject structure is analyzed for feasibility of the installation of the proposed changed condition previously noted. The data records furnished were reviewed and a computer stress analysis was performed in accordance with the TIA-222 Standard provisions and with the agreed scope of work terms and the results of this analysis are reported. The computer program used to model the structure is a rigorous Finite Element Analysis program, tnxTower (ver. 7.0.5), a commercially available program by Tower Numerics Inc. The latticed structures members are modeled using beam/truss and cable members and the pole members using tubular beam elements. The structural parameters and geometry of the members are included in the model. The dead and temperature loads and the wind loads are internally calculated by the program for the different wind directions and then applied as external loads on the structure. Any applicable exemptions, as per Section 15.6 of the TIA-222-G Standard for existing structures originally designed in accordance with a previous revision of the TIA-222 Standard, have been taken. This engineering study is based on the theoretical capacity of the members and is not a condition assessment of the structure. This analysis is based on information supplied, and therefore, its results are based on and as accurate as that supplied data. MEI has made no independent determination, nor is it required to, of its accuracy. The following assumptions were made for this structural stress analysis: • This existing tower is assumed, for the purpose of this analysis, to have been properly maintained and to be in good condition with no structural defects and with no deterioration to its member capacities ('as - new' condition). • The tower member sizes and configuration are considered accurate as supplied. The material grade is as per data supplied and/or as assumed and as stated. • The appurtenances configuration is as supplied and/or as stated in the report. It is assumed to be complete and accurate. All antennas, mounts, coax and waveguides are assumed to be properly installed and supported as per manufacturer requirements. • Some assumptions are made regarding antennas and mounts sizes and their projected areas based on best interpretation of data supplied and of best knowledge of antenna type & industry practice. • Mounts/Platforms are considered adequate to support the loading. No actual analysis of the platform/mount itself is performed, with the analysis being limited to analyzing the structure. • The soil parameters are as per data supplied or as assumed and stated in the calculations. Refer to the Appendix. • All welds and connections are assumed to develop at least the member capacity, unless determined otherwise and explicitly stated in this report. • All prior structural modifications, if any, are assumed to be as per data supplied/available, and to have been properly installed and to be fully effective. If any of the above assumptions are not valid or have been made in error, this analysis results may be invalided, MEI should be contacted to review any contradictory information to determine its effect. ALOUF ENGINEERING INVL, INC. MEI PROJECTID TXOO115S-16V1 - 05/16/16 - Pg. 7 This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. 0 M 5. ANALYSIS RESULTS The results of the structural stress analysis based on data available and with the previous listed criteria, indicated the following: Table 3: Stress Analysis Results Component Type Maximum Controlling Elev. (it)Pass/Fall Comment Comment Stress Ratio Component 3.3382 Deg, LEGS 63.0% 140-120 Pass 0.0661 Deg. DIAGONALS 59.9% 20-0 Pass Bolts Control Top GIRIS 10,7% 150-140 Pass Bolts Control FOUNDATION 53.6% Moment Pass 0.9917 Deg, Table 4: Serviceability Requirements Maximum Value -- - - ------- TIA Reaulrement (1 B1 Pass/fall Comment TwIST/SWAY 0.0661 Deg. 3.3382 Deg, Pass Elev. 60.SPD2000ft 0.0661 Deg. 0.7974 Deg. Pass airl'iber AF24 Elev. 60.000ft 0.112 Deg. 3.3382 Deg. Pass SPI)2-5.2 rN. 115 nnntt 0.9917 Deg, Pass Breezecomm Grid Ant. Elev. 42.000ft 0.047 Dea, 0.1162 Deg. 4 Deg. from Vert. or Pass Horiz. Axis HORIZONTAL 2.432 In./ 3.0% of Height Pass I DISPLACEMENT 0. 13% of Ht. I 1. The Maximum Stress Ratio is the percentage that the maximum load in the member is relative to the allowable load as determined by Code requirements. 2. Refer to the Appendix I for more details on the member loads. 3. A maximum stress ratio between 100% and 105% may be considered as Acceptable according to industry standard practice. MALOUF ENGINEERING INT'L, INC. MEI PROJECT ID TX00115S-16V1 - 05/16/16 - Pg. 8 This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. 0 Fill Lop I ft� • Based on the rigorous stress analysis results, the subject structure is rated at 63.0% of its support capacity (controlling component: Legs) with the proposed changed condition considered. Please refer to Table 3 and to Appendix I for more details of the analysis results. • Based on the stress analysis performed, the existing structure Is In conformance with the IBC / ANSI/TIA 222-G Standard for the loading considered under the criteria listed and referenced in the report sections. The installation of the proposed changed condition as noted in Table I Is structurally acceptable. Please refer to Appendix 1 for Schematic Lines Layout. 0 Please note that AT&T additional Face support mount is to be installed as it should have been as noted in the 2014 analysis report for the AT&T changes at that time. Recent photos indicates the AT&T appurtenances were installed but not the additional support mount. This structure has additional support capacity for the appurtenances and loading criteria considered. However, no changes to the configuration considered should be made without performing a new proper evaluation. Rigging and temporary supports required for the erection/modification shall be determined, documented, furnished and installed by the erector/contractor accounting for the loads imposed on the structure due to the proposed construction method. MALOUF ENGINEERING INVIL, INC. MEI PROJECT ID TX001 15S-1 6VI - 05/16/16 - Pg. 9 This report is not to be reproduced or copied In whole or in part without MEI's written consent. 2016, MEI, Inc. 0 F1q UK I *am *` a II 140 The engineering services rendered by Malouf Engineering International, Inc. ('MEI) in connection with this Structural Analysis are limited to a computer analysis of the tower structure, size and capacity of its members. MEI does not analyze the fabrication, including welding and connection capacities, except as included in this Report. The analysis performed and the conclusions contained herein are based on the assumption that the tower has been properly installed and maintained, including, but not limited to the following: 1. Proper alignment and plumbness. 2. Correct guy tensions, as applicable. 3. Correct bolt tightness or slip jacking of sleeved connections. 4. No significant deterioration or damage to any structural component. Furthermore, the information and conclusions contained in this Report were determined by application of the current "state-of-the-art" engineering and analysis procedures and formulae. MALOUF ENGINEERING INTERNATIONAL, INC. assumes no Obligation to revise any of the information or conclusions contained in this Report in the event that such engineering and analysis procedures and formulae are hereafter modified or revised. In addition, under no circumstances will MALOUF ENGINEERING INTERNATIONAL, INC. have any obligation Or responsibility whatsoever for or on account of consequential or incidental damages sustained by any person, firm or organization as a result of any information or conclusions contained in the Report, and the maximum liability Of MALOUF ENGINEERING INTERNATIONAL, INC., if any, pursuant to this Report shall be limited to the total funds actually received by MALOUF ENGINEERING INTERNATIONAL, INC. for preparation of this Report. Customer has requested MALOUF ENGINEERING INTERNATIONAL, INC. to prepare and submit to Customer an engineering analysis with respect to the Subject Tower and has further requested MALOUF ENGINEERING INTERNATIONAL, INC. to make appropriate recommendations regarding suggested structural modifications and changes to the Subject Tower. In making such request Of MALOUF ENGINEERING INTERNATIONAL, INC., Customer has informed MALOUF ENGINEERING INTERNATIONAL, INC. that Customer will make a determination as to whether or not to implement any Of the changes or modifications which may be suggested by MALOUF ENGINEERING INTERNATIONAL, INC. and that Customer will have any such changes Or modifications made by riggers, erectors and Other subcontractors of Customer's choice. MALOUF ENGINEERING INTERNATIONAL, INC. shall have the right to rely upon the accuracy of the information supplied by the customer and shall not be held responsible for the Customer's misrepresentation or omission of relevant fact whether intentional or otherwise. Customer hereby agrees and acknowledges that MALOUF ENGINEERING INTERNATIONAL, INC. shall have no liability whatsoever to Customer or to others for any work or services performed by any persons other than MALOUF ENGINEERING INTERNATIONAL, INC. in connection with the implementation of services including but not limited to any services rendered for Customer or for others by riggers, erectors or other subcontractors. Customer acknowledges and agrees that any riggers, erectors or subcontractors retained or employed by Customer shall be solely responsible to Customer and to others for the quality of work performed by them and that MALOUF ENGINEERING INTERNATIONAL, INC. shall have no liability Or responsibility whatsoever as a result of any negligence or breach of contract by any such rigger, erector or subcontractor and that Customer and rigger, erector, or subcontractor will provide MALOUF ENGINEERING INTERNATIONAL, INC. with a Certificate Of Insurance naming MALOUF ENGINEERING INTERNATIONAL, INC. as additional insured. MALOUF ENGINEERING IT'L, INC. MEI PROJECT ID TX001155-11 - 05/16/16 - Pg. 1 This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. n APPENDIX I ANALYSIS PRINTOUT& GRAPHICS MALOUF ENGINEERING INVIL, INC. ME1 PROJECT ID TX001 15S- I 6VI - 05/16/16 This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2016, MEI, Inc. 0 — X11-- . P14 LV "t 150.0 It 140.0 It 120.0 ft 100.0 It 60.0 It 60.0 ft 9 1 DESIGNED APPURTENM ELEVATION Lx7NmvU Rao (E) 163 (2) SBNH Beacon (E) 161 116) RRUS (2)AWGTMA-DD-1700-FB 1V (VZW / E) ,.,. 152 ,., __. I (5) RRUS (2)AWC.TMA-DD-1700-FB 1V 1VZW / E) 152 (5) RRUS (2) AWC-TMA-DD-1700-FB 1V (VZW / E) ( 152 (,S) lqui { (2) CW WX063X25x00 W Pipe Mat" (VZW / New, 152 13) RRU F LTE 1 LOP / AWS) (3) RR U F (2) CW WX063X2666 w/ Pipe Mout (VZW / New- 152 LTE I LoP /AWS) R®ycep (2) CW WX06 xmbo wl Pipe Mout (VZW / New, 152 _ ... i Raycap D LTE 1 LoP /AWS) ( i (2) KRY 9 W65-19-X28xw/ Pipe Mot" (VZW I New- PCs) 1 152 (2) KRY 1 (2) KRY 1 W65-19-X28-xx w/ Roe Mood (VZW I New- PCS)1 152 � KRY91 ' W65.19-X26-xx wl Pipe Mout (VZW / New - PCS) 1 152 (41 ALU-RRH 260 (VZW ! New) 1 152 1 fxl K9 Y1? ALU-RRH 2x60 fVZW I New) 1 152 i 1 152 ..... LP Cross ALU-RRH 2x60 (VZW I New) 1(2) Dicexer(s) (VZW I New) 1152 LP Cross �(2)Diplexeds)(VZW INew) 1152 ILP Cross (2) DiDlexads) fVZW / New) _..... ...... 1 152 ....... ___ ---I .... ......... ....... _..' LP Cross E) Raycap RxxDC3315�PF-46 w! Bracket (VZVV / 152 LP Cross New) E) Raycap Rmd)C3315-PF-46 wl Bracket (VZW / 152 LP Cross New) E) Top Charnel Assembty (E) 150 .. DU pc' CrosaAnn Mot (VZW / E) 150 'A2-a,.d CrossAmr Mount Asembty (VZW / E) 150 Lij? I DCI ..... CrossArrn Mout Asembly (VZW / E) _. 150 ........ (!€fist°3CtEt (1) RFS 10017-9 Super StatiormasterArd. (COD I 1142 �iC,1D E) '(1)4ftTrico SideArm Mount (COD /E) 942filri u1 il;`rtt} (E) RFS 10017-9 Super StatiornresterAnt. (COD / 142 t 11) Idl-S l E) (1) 4 ft Tdoo Side Arm Mount (COD /E) 142 iVltfnp Fti E1) RFS 10017-9 Super Stationumster Ard. (COD I 142 OB Lir)lrt I (114 ft Trico Side Arm Moult (COD / E) 142 (Jf9) O l TMA (E) 1139 1U CYLC SecueMesh Gate -1000 (COD / E) 130 1122 ¢'irF ILn�1 A tegpll7Cl (2) SBNHH-1 D65B W pipe mount (ATT I E) .. ` ""- SPIt." 5l (2) SBNHH-1 D65B W pipe mood (ATT! E) 11 122 SCI 1 hh, ......... (2)SBNHH-1 065B w!Dipemount (ATT 1E) 122 (2) SBNH-1D6565B w/ pipe mood (ATT / E) 1122 Comers p (2) SBNH-1 D6565B w/ pipe mood (ATT / E) 122 1 Camera (I TOMR DESIGN N 1. Tower is located in Denton County, Texas. 2. Tower designed for Exposure C to the TIA-222-G Standard. 3. Tower designed for a 90 mph basic wind in accordance with the TIA-: 4. Tower is also designed for a 30 mph basic wind with 0.75 in ice. Ice ii 5. Deflections are based upon a 60 mph wind. 6. Tower Structure Class 11. 7. Topographic Category 1 with Crest Height of 0.000 ft 6. OWNER - CITY OF DENTON - McKENNA PARK RADIO TOWER 9. FCC ASR #1013222 10. TOWER RATING: 63% CONTACT MEI IF LINE LAYOUT IS DIFFERENT FROM WHAT IS SHOWN BELOW. ........... EXIST. / NEW (2) 1-1/4" HYBRID LINES TO ELEV. 152--0" A: (VZW) EXIST. (12) 1 5/8" COAXES TO ELEV. 152'-D':E (VZW) MAIOUF ENGINEERING INIERNA110NA1, INC. pI q mombrhi. I EXIST. (12) 7/8" DIA. Tx -LINES (1) RET CABLE TO ELEV. 122- (AT&T) -'10 , - - EXIST. (4) DC CABLES D 0 (WR-VG86ST-BRD) (1) FIBER CABLES (FB -L98 -002 -XXX) TO ELEV. 122' (AT&T) . .......... SCALE: NOT TO SCALE NOTES: 1. Tx LINE LAYOUT IS SCHEMATIC ONLY, BASED UPON LIMITED DETAILS AND PHOTOS MADE AVAILABEL. 2. NEW BRACKET SUPPORT SPECIFICATION BY OTHERS. 17950 PRESTON ROAD SUITE 720 DALLAS, TEXAS 75252-5635 972-783-2578 (fox: 2583) www,maloufengineering.com TX REG. ENG. FIRM #F-1401 F DENTON ADIO TOWER . ...... . . .....--- CONTACT .... E = EXISTING (-)- - *x P= PROPOSED 0 . --------- -04, F= FUTURE #X R= REMOVE TO RELOCATE EXIST. TX -LINES ELEV. VARIES - (CITY OF DENTON) PROPOSED (1) 1 1/4" PVC CONDUIT WITH CAT 5 CABLES INTERNAL TO ELEV. 115'± (DENTON COMMERCIAL INTERNET) IR TI-222-G-SeService mph MaArnurn Values Deflection (in) Tilt (deg) T (d ) 0.5 ti 1.5 2 25 0 0.05 0.1 0.15 0 0.05 0.1 41.11Of5 I i , I , : i 'l : ,I : I I I y I I , i : : i i- OAXI 0.5 1 13 2. 2.5 0 0.05 0.1 0.•Y5 0 0 LYr 0.1 ..,W MWFRM N,II,IM(. Malouf Engineering Intl Inc. "" 150 FT SST, McKENNA PARK SITE F1 17950 Preston Road, STE 720 P6� WICr. Txo0II5S-1Gvt Dallas, Texas 75252��"�` DENTON COMMERCIAL IN11 i1WEl�°fe""' -_ KM bpd' r,w'aikds..rllwrrrrf.Cxxl'„ Phone: (972) 783 2578 ran" T�IA 222 -is �.... -4)1A^ -- .._------. _ C'f�'d�°il'1 E1Ji5�aiks N om.Mv. er'o y�sr 'rarz •�wva P uv4jNo. O. TIA-222-G - 90 mph/30 mph 0.750 in lee Exposum-A Leg Capacity Leg Compression (K) 5w I- M - Wirman 41MWITIL" - =0 I MUW04WIWMWtNTLIWCMal0lif Ellgineffhf�,X In" Ina 17950 Preston Road, STE 720 Dallas, Texas 75252 naloLdengireedrig.com Phone: (972) 783 2578 FAX: (972) 783 2583 150 FT SST. McKENNA PARK SITE Dram by: KM A�,pr.d! D"'e: 05/16/11 s3 m. ob MrT�)wer 150 FT SST, McKENNA PARK SITE Malouf Engineefing IntUnc. Date 17950 Presion Road, STE 720 12:18:14 05/16/16 Dallas, Texas 75252 1Designed by Phone: (972) 783 2578 51:4 0 1 to] 01 M91 &II&IM 100M Oki I M :4,11 La (972) 783 2583 The main tower is a 3x free standing tower with an overall height of 150.000 ft above the ground line. The base of the tower is set at an elevation of 0.000 ft above the ground line. The face width of the tower is 16.000 ft at the top and 16.000 ft at the base. This tower is designed using the TIA-222-G standard. The following design criteria apply. Tower is located in Denton County, Texas. Basic wind speed of 90 mph. Structure Class Il. Exposure Category C. Topographic Category 1. Crest Height 0.000 ft. Nominal ice thickness of 0.750 in. Ice thickness is considered to increase with height. Ice density of 56 pcf. A wind speed of 30 mph is used in combination with ice. Deflections calculated using a wind speed of 60 mph. OWNER - CITY OF DENTON - Mc PARK RADIO TOWER. FCC ASR #1013222. A non-linear (P -delta) analysis was used. Pressures are calculated at each section. Stress ratio used in tower member design is 1. Local bending stresses due to climbing loads, feed line supports, and appurtenance mounts are not considered. LIFITHIT41111i Lea A Wind 90 4% 1P z Log C Leg B Face C 6,794113� Triqngmqr Tei wer ........ Feed Une/U - Entered As Round Or Flat Description Placement # Weight Description Placement # _ Weight 15/8 150.000 - 0.000 12 1.040 (ATT / E) K Lightning Rod 163.000 (VZW / E) Pipe Mount 0.171 7/8 142.000 - 0.000 3 0.540 Hybrid 6x12 150.000 - 0.000 2 1.177 (COD / E) AWS) (8 AWGx6) - 161.000 0.060 (2) CWWX063X25x00 w/ 1/2 130.000 - 0.000 1 0.250 HFT1208-245 Pipe Mount 0,171 (COD E) 0.170 (VZW / New - LTE / LoP 26 0.269 Top Channel Assembly 150.000 7/8 102.000 - 0.000 1 0.540 (VZW / New) 0.485 W85-19-X28-xx w/ Pipe (COD E) 0.063 T -Brackets 150.000 - 0.000 1 2.800 7/8 82.000 - 0.000 1 0.540 (VZW E) 0.167 IV (COD E) W85-19-X28-xx w/ Pipe 152.000 0.063 7/8 122.000 - 0.000 12 0.540 SO Chord 150.000 - 0.000 1 0.260 (AT&T E) (VZW / New - PCS) 0.167 (E) 0.010 W85-19-X28-xx w/ Pipe RET Cable 122.000 - 0.000 1 0.250 SO Chord 81.500 - 0.000 1 0.260 (AT&T / E) 152.000 0.006 (VZW / New - PCS) (E) 0.167 1 V 20mm DC 122.000 - 0.000 4 0.400 1/2 42.000 - 0.000 1 0.250 Cable 0.095 (2) CWWX063X25x00 w/ 152.000 (COD E) 0.121 (WR-VG86ST 0.171 ALU- RRH 2x60 1/2 35.000 - 0.000 2 0.250 -BRD) (VZW / New) 0.095 (COD E) (AT&T / E) 0.121 (2) CWWX063X25x00 w/ 152,000 T -Brackets 150.000 - 0.000 1 2.800 l0mm Fiber 122,000 - 0.000 1 0.250 (E), Cable 1 1/4 PVC 115,000 - 0.000 1 0450 (1713-1,9813-002 Ili lie w/ Cat 5 -5000) Cables (AT&T / E) (DCI it P) T -Brackets 130.000 - 0.000 1 2.800 Discrete Tower Loads Description Placement Weight Description Placement Weight ft K K Lightning Rod 163.000 0.003 Pipe Mount 0.171 (1,) 0.009 (VZW / New - LTE LoP 0.269 0.015 AWS) Beacon 161.000 0.060 (2) CWWX063X25x00 w/ 152.000 0.082 (F) 0.115 Pipe Mount 0,171 0.170 (VZW / New - LTE / LoP 0.269 Top Channel Assembly 150.000 0.225 AWS) (F) 0.485 W85-19-X28-xx w/ Pipe 152.000 0.063 0.745 Mount 0.111 (2) AWC-TMA-DD-1700-FB 152.000 0.006 (VZW /New - PCS) 0.167 IV 0.010 W85-19-X28-xx w/ Pipe 152.000 0.063 (VZW / E) 0.014 Mount 0.111 (2) AWC-TMA-DD-1700-FB 152.000 0.006 (VZW / New - PCS) 0.167 IV 0.010 W85-19-X28-xx w/ Pipe 152.000 0.063 (VZW / E) 0.014 Mount 0.111 (2) AWC-TMA-DD- 1700 -FB 152.000 0.006 (VZW / New - PCS) 0.167 1 V 0.010 ALU-RRH 2x60 152.000 0.072 (VZW / E) 0,014 (VZW / New) 0.095 (2) CWWX063X25x00 w/ 152.000 0.082 0.121 Pipe Mount 0.171 ALU- RRH 2x60 152.000 0.072 (VZW / New - LTE / LoP 0.269 (VZW / New) 0.095 AWS) 0.121 (2) CWWX063X25x00 w/ 152,000 0.082 ALU- RRH 2x60 152.000 0.072 tn Job XT oWer 150 FT SST, McKENNA PARK SITE Project Date Malouf Engineering Intl Inc. 17950 Preston Road, STE 720 TX00115S-16V1 12:18:14 05/16/16 Dallas, Texas 75252 Client Phone: (972) 783 2578 DENTON COMMERCIAL INTERNET i Designed by FAX: (972) 783 2583 KM Description Placement Weight f Description Placement Weight K (VZWI I / New) 0.095 (2) SBNH-ID065B w/ pipe 122.000 0.073 0.121 mount 0.142 (2) Diplexer(s) 152.000 0.003 (ATT / E) 0.219 (VZW / New) 0.005 (2) SBNH-ID6565B w/ pipe 122.000 0.073 0.009 mount 0.142 (2) Diplexer(s) 152.000 0.003 (ATT / E) 0.219 (VZW / New) 0.005 (2) SBNH-ID6565B w/ pipe 122.000 0.073 0.009 mount 0.142 (2) Diplexer(s) 152.000 0.003 (ATT / E) 0.219 (VZW /New) 0.005 (5) RRUS-12 122.000 0.058 0.009 (ATT / E) 0.081 Raycap RxxDC-3315-PF-48 152.000 0.032 0.108 w/ Bracket 0.065 (5) RRUS-12 122.000 0.058 (VZW / New) 0.101 (ATT / E) 0,081 Raycap RxxDC-3315-PF-48 152.000 0.032 0.108 w/ Bracket 0.065 (5) RRUS-12 122.000 0.058 (VZW / New) 0.101 (ATT / E) 0.081 CrossArm Mount Asembly 150.000 0.120 0,108 (VZW / E) 0.162 (3) RRU A2 122.000 0,022 0.204 (ATT / E) 0.035 CrossArm Mount Asembly 150.000 0.120 0,050 (VZW / E) 0.162 (3) RRU A2 122.000 0.022 0.204 (ATT / E) 0.035 CrossArm Mount Asembly 150.000 0.120 0.050 (VZW / E) 0,162 (3) RRU A2 122.000 0.022 0.204 (ATT / E) 0.035 (1) RFS 10017-9 Super 142.000 0.025 0.050 Stationmaster Ant. 0.074 Raycap, DC6-48-60-18-8F 122.000 0.020 (COD / E) 0.123 SUPRESSOR 0.035 (1) 4 ft Trico Side Arm 142.000 0.075 (ATT /E) 0.053 Mount 0.190 Raycap DC6-48-60-0-8F 122.000 0.033 (COD / E) 0.305 SUPRESSOR 0.050 (1) RFS 10017-9 Super 142.000 0.025 (ATT /E) 0.071 Stationmaster Ant. 0.074 (2) KRY 112 75/1 TMA's 122,000 0.030 (COD / R) 0.123 (ATT /E) 0.043 (1) 4 ft Trico Side Arm 142.000 0.075 0.059 Mount 0.190 (2) KRY 112 75/1 TA's 122,000 0.030 (COD / E) 0.305 (ATT / E) 0.043 (1) RFS 10017-9 Super 142.000 0.025 0.059 Stationmaster Ant. 0.074 (2) KRY 112 75/1 TA's 122.000 0.030 (COD / E) 0.123 (ATT /E) 0.043 (1) 4 ft Trico Side Arm 142.000 0.075 0.059 Mount 0.190 (2) KRY 112 76/1 TA's 122.000 0.015 (COD / E) 0.305 (ATT /E) 0.021 TMA 139.000 0.025 0.028 (E) 0.036 (2) Y112 76/1 TA's 122.000 0.015 0.050 (ATT /E) 0,021 SecureMesh Gate -1000 130.000 0.015 0.028 (COD / E) 0.035 (2) Y112 76/1 TA's 122.000 0.015 0.058 (ATT /E) 0,021 (2) SBNHH-ID65B w/ pipe 122.000 0.066 0.028 mount 0.135 LP Cross Face Mount 120.000 0.120 (ATT /E) 0.212 (ATT /E) 0.162 (2) SBNHH-ID65B w/ pipe 122.000 0.066 0.204 mount 0.135 LP Cross Face Mount 120.000 0.120 (ATT /E) 0.212 (ATT /E) 0.162 (2) SBNHH-ID65B w/ pipe 122.000 0.066 0.204 mount 0.135 LP Cross Face Mount 120.000 0.120 (ATT /E) 0.212 (ATT /E) 0.162 Job Page tnx To ;,ver 150 FT SST, McKENNA PARK SITE 4 of 6 Mato uf Engineering Int 7 Inc. Project Date 17950 Preston Road, STE 720 TX00115S-16V1 12:18:14 05/16/16 Dallas, Texas 75252 Client Designed by Phone: (972) 7832578 DENTON COMMERCIAL INTERNET KM FAX, (972) 783 2583 -J Description Placement Weight Breezecomm Grid 42.000 K Ant. 0.264 LP Cross Face Mount 117.000 0.120 (Similar To Existing) 11 5.000 0.162 (ATT / E) 0.204 LP Cross Face Mount 117.000 0.120 (Similar To Existing) 82,000 0.162 (ATT / E) 60.000 0.204 LP Cross Face Mount 117.000 0.120 (Similar To Existing) 81.500 0.162 (XI -'r / F--) 0,204 ODU I 15.000 0.06"', (DCI / P) 81.500 0.008 264 / NW Leg / DCI / 0.016 AM -3G18-120 Antenna w/ 112.000 0.035 Pipe Mount 60.000 0,061 (DCI / P) 0.092 AM -3G18-120 Antenna w/ 112.000 0.035 Pipe Mount 35.000 0.061 (DCI / P) 0.092 AM -3G18-120 Antenna w/ 112.000 0.035 Pipe Mount 35.000 0.061 (1)(1,1 V) 0,092 (I RPS 220-2 VVIF Simper 102DOO 0.023 Description Elevation Weight Description Placement K Breezecomm Grid 42.000 0.045 Ant. 0.175 (cor) / u) 0.305 SPF.)2-5,2 11 5.000 OA� (To American Tower 0.042 Site / Az 144.6 / S 0.062 Leg / DCI / P) 82,000 0.015 airFiber AF24 60.000 0.024 (To Opera House Site 0.042 Az 100 / NE Leg 81.500 0.060 DCI / P) 0.018 SPD2-5.2 60.000 0.022 (To Ponderl Site/ Az 81.500 0.042 264 / NW Leg / DCI / 0.062 Description Placement Weight K Stationmaster Ant. 0.077 (COD / E) 0.131 (1) 4 ft Trico Side Arm 102.000 0.075 Mount 0.190 (COD / E) 0.305 3' Whip Antenna 82,000 0.015 (COD / E) 0.025 0.035 OB Light 81.500 0.010 (E) 0.018 0.025 OB Light 81.500 0.010 (E) 0.018 0.025 ODU 60.000 0.003 (DCI / P) 0.008 0.016 Camera 35.000 0.015 (COD / E) 0.019 0.022 Camera 35.000 0.015 (COD / E) 0.019 0.022 Dishes -I Jfinob Page w 150 FT SST, McKENNA PARK SITE 5 of 6 aloof Engineering Int 7Inc, Project Date 17950 Preston Road, STE 720 T00115S-16V1 12:18:14 05/16/16 Dallas, Texas 75252 client Designed by Phone: (972) 783 2578 DENTON COMMERCIAL INTERNET KM FAX.- (972) 783 2583 Maximum Tower D- • • Section Elevation Horz� GovTilt Tilt Twist � No. Deflection Load ft, in Comb.... ° in Ti 150 - 140 2.432 47 0.1163 0.0027 T2 140-120 2.186 47 0.1162 0.0027 T3 120-100 1.701 47 0.1135 0.0025 T4 100-80 1.225 47 0.1044 0.0021 T5 80-60 0.814 47 0.0864 0.0018 T6 60-40 0.475 47 0.0661 0.0014 T7 40-20 0.230 47 0.0449 0.0010 T8 20-0 0.059 47 0.0224 0.0005 DeflectionsCritical • Radius of • Elevation Appurtenance Gov. x -W a-_�. Deflection Tilt Twist Radius of Load Curvature rt Comb. in oft 163.000 Lightning Rod 47 2.432 0.1163 0.0027 428546 161.000 Beacon 47 2.432 0.1163 0.0027 428546 152.000 (2) AWC-TMA-DD-1700-FB IV 47 2.432 0.1163 0.0027 428546 150.000 Top Channel Assembly 47 2.432 0.1163 0.0027 428546 142.000 (1) RFS 10017-9 Super 47 2.235 0.1162 0.0027 279367 Stationmaster Ant. 139.000 TMA 47 2,161 0.1161 0.0026 255571 130.000 SecureMesh Gate -1000 47 1.943 0.1154 0.0026 Inf 122.000 (2) SBNHH-1D65B w/ pipe mount 47 1.749 0.1140 0.0025 412389 120.000 LP Cross Face Mount 47 1.701 0.1135 0.0025 434141 117.000 LP Cross Face Mount (Similar To 47 1.628 0.1126 0.0024 Inf 115.000 SPl)2-5:2 47 1.579 0.1120 0.0024 401485 (3 dB) (3 dB) 3.3382 3.3382 112.000 AM -3G18-120 Antenna w/ Pipe 47 1.507 0.1109 0.0023 180909 Mount 102.000 (1) RFS 220-2 VI IF Super 47 1.271 0.1057 0.0021 64847 Stationmaster Ant. 82.000 3' Whip Antenna 47 0.852 0.0884 0.0018 76421 500 [)1`1 Lighi 47 11.81 0 879 0.0018 76687. 0,1,Ott0 irl ber A1�24 47 0-475 0-0661 0,0014 4463 7, J (3 X11,3) (3 d13) 0.7974 0.7974 42.000 Breezecomm Grid Ant. 47 0.251 0.0470 0.0010 87863 (3 dB) (3 dB) 0.9917 0.9917 35.000 Camera 47 0.178 0.0393 0.0008 65208 - ............. .. . . .......... -Page Job tnxhwer 150 FT SST, McKENNA PARK SITE 6 of 6 Malouf Engineering Int'l Ina Project Date 17950 Preston Road, STE 720 TX00115S-16V1 12:18:14 05/16/16 Dallas, Texas 75252 Igned by Phone: (972) 783 2578 9100111 Ice] KM FAX., (972) 783 2583 Maximum Tower Deflections- Design Wind Section Component Size Critical P OP.11- NO, Pass Deflection Load Type Element K in Comb. Fail TI TI 150-140 8.659 18 0.4128 0.0096 T2 140-120 7.784 18 0.4125 0.0096 T3 120-100 6.062 18 0,4032 0.0089 T4 100-80 4.370 18 0.3715 0.0075 T5 80-60 2.906 18 0.3079 0.0064 T6 60-40 1.699 18 0.2358 0.0051 T7 40-20 0.821 to 0.1600 0.0034 T8 20-0 0.213 10 0.0800 0.0018 Section Capacity Table Section Elevation Component Size Critical P OP.11- % Pass No. Type Element K K Capacity Fail TI 150 - 140 Leg Pirod 105244 2 -3.998 142.493 50.5 Pass T2 140-120 Leg Pirod 105216 14 -13.123 139.105 63.0 Pass T3 120-100 Leg Pirod 105216 23 -32.526 139.105 29.4 Pass T4 100-80 Leg Pirod 105216 31 -62.138 139.105 44.7 Pass T5 80-60 Leg Pirod 105217 40 -99.064 200.373 49.4 Pass T6 60-40 Leg Pirod 105218 49 -139.166 272.830 51.0 Pass T7 40-20 Leg Pirod 105219 58 -190.883 356.499 53.5 Pass T8 20-0 Leg Pirod 105220 67 -239.507 451.409 53.1 Pass TI 150-140 Diagonal 2L3x3x5/16x3/8 11 -2.158 34.749 6.2 Pass T2 140-120 Diagonal 2L3x3x5/16x3/8 17 -5.093 33.777 15.1 Pass T3 120-100 Diagonal 2L3x3x5/16x3/8 26 -9.163 33.777 27.1 Pass T4 100-80 Diagonal 2L3 1/20 1/20/160/8 34 -11.736 54.461 21.5 Pass 28.3 (b) T5 80-60 Diagonal 2L31/2x31/2x5/16x3/8 43 -13.640 54.461 25.0 Pass 33.5 (b) T6 60-40 Diagonal 2L31/2x31/2x5/16x3/8 52 -16.232 54.461 29.8 Pass 38.6 (b) T7 40-20 Diagonal 2L4x4xl/4x3/8 61 -17.504 63.180 27.7 Pass 53.6 (b) T8 20-0 Diagonal 21Ax4xl/4x3/8 71 -20.929 63.180 33.1 Pass 59.9 (b) T1 150-140 Top Girt P 4.5000.237 6 -1.316 67.499 2.0 Pass 10.7 (b) Summary Leg (T2) 63.0 Pass Diagonal 59.9 Pass (T8) Top Girt 10.7 Pass (T1) Bolt Checks 599 Pass RATING = 63.0 Pass SOURCE ! CONDITION MALOUF ENGINEERING INVIL, INC. MEI PROJECTID0+ : This report not to be reproduced or s• -w in whole or part withoute' t 0 111 WON KINEW-110y 10 101 4901 A special meeting of the Board of Directors of DENTON COMMERCIAL INTERNET, INC., a Texas business corporation (hereinafter "Company"), was held at 109 East Oak Street, Suite 600, lVenton, TX 76201, on August 19, 2016. I 10 11 a tj CN I N a I ON Ef N LT. =4 a 0 51 WIM251-111MM ^ I ^ 0 Michael J. Wasserman was appointed Chairman of the meeting and Michael J. `1?rasserman was -?ppointed Secretary of the meeting. I It has been determined that in order to expand business operations and to adequately serve the customers of Denton Commercial Internet, Inc. it is necessary to lease tower space on a tower owned by the city of Denton, Texas. RESOLVED, that Michael J. Wasserman, as President of Denton Commercial Internet, Inc., is authorized to negotiate and enter into a lease with the City of Denton, Texas for access to any and all towers that he deems necessary for the continued operation of the Company. The terms of the lease shall be upon such terms and conditions as Michael J. Wasserman deems are in the best interest of the Company and Michael J. Wasserman is authorized to execute any lease on behalf of the Company on terms that are acceptable to the Company. DATE: August 19, 2016, Michael J. Wassenw—n 619= F.-U-IJU9411"I Michael J. Wasserman Chairman RRAW 691W ova, 13WAY.11 N )XIJ a 1j I I. a 13 010 Vorm 201 ISecretary of State 'P.O. Box 13697 'Austin, 7X 78711-3697 :FAX- 512/463-5709 Certificate of Formation For -Profit Corporation Filed in the Office of the seereUry of State of Texas Filing #: 802282146 OMM2015 Document #- 627877660003 Image Generated Electronically for Web Filing e filing entity being formed is a for-prDfit corporation. The name of the entity is: IVEWtO­A' —COM—M—t—RCIALINTERAET, INC. IThe rwme mustoorialp the word "oorporation," 11company.-incorporated," "limited,"or an abbreviation of one of these terms. Tine name must not e the same as, deceptively similar to or 91milar to that of an existing corporate. limited liability oompany, or limited partnership name on file with live secretary of stale. A prelim Ina ry check for 'name availabty' is Feco mm ended. . . .............. Article 2 - Registered Agent and Registered Office be initial registered agent is an organi7ation (cannot be corporaUon named alouve) 5y trie name oli: 7he Law Office of Robert W. BuChholz, P.C. 0 R jr-,.-B. The initial registered agent is an individual resident of the state whose nanne is set forth below...... �C4 The business address of the registered agent and Me —regi-sre-r-emoft-ce-Wiress is; ar Chavez Blvd. 11 Dallas TX 75201 conse rA, A cxipy of the consent of registered agent is attached. OR !WIBThe consent of theregistered agerd is maintainM by the entity. .... . ........... . ... V A1121171" 111 11 1 1 � 1111i 01111111111 16 , , , I F 4 - �Ie!ted and qualified are set forth below, 7F&r;�ori.Was:serman Michael 'Addresw PO Box 997 Gainesville TX, USA 76241 At-ticle 4 - Authcri7a 911-177Z W 9WINNIN, w lima �i The attached addendurn, if any, is incorporated herein by reft renGWl i -ei ew% t -e,^7 -P, i # eli;il -.7e% n1 I I AnW Effectiveness of Filing document becomes document OR delayedate, which is not more than ninety (90) days from the date of Ks signing. The organizerThe name and address of the . below. Robert . M1 Dallas, Texas 75201 The undersigned affirms that the person designated as registered agent has consented to the appointment. The signsth is docurnentr .sed by law for the submission of penalty -of perjury that the undersigned is authorized under the provisionsof Mw governing the eMity to execute the filiN instrument Buchholz Isignature ormanizer 7•rq n7/19_nA7_n 1 I rina "7n nB ! 1 Anv