2000-271 /
oRDINANCENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A TOWER LEASE
AGREEMENT FOR THE ATTACHMENT OF PERSONAL COMMUNICATIONS
SERVICES TRANSMITTING AND RECEIVING EQUIPMENT ON THE BRONCO WATER
TOWER AND THE MCKENNA PARK RADIO TOWER OWNED BY THE CITY, BY AND
BETWEEN THE CITY OF DENTON AND COOK INLET/VOICBSTRBAM OPERATING
COMPANY, L L C, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager is hereby authonzed to execute and dehver a Tower
Lease Agreement providing for the attachment of personal commumcaUons equipment (PCS)
transmitting and reeelvmg equipment on the Bronco Water Tower and the MeKenna Park Radio
Tower owned by the City, by and between the City of Denton, Texas and Cook
Inlet/VoleeStream Operating Company, L L C, m substantially the form of the Tower Lease
Agreement which is attached to and made a part of this ordinance for all purposes
SECTION 2 This ordinance shall become effecUve immediately upon its passage and
approval
P~SSEDANDAPPROVEDthisthe /~ dayof ~X~/~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By~l~/~~~
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE] OF TEXAS )(
)(
COUNTY OF DENTON )(
TOWER LEASE AGREEMENT
THI~ TOWER LEASE AGREEMENT ("Lease ! is entered into as of this /~'-- day of
~ . 2000 by and between the C~ty of Denton, Texas, a Texas municipal
corporat~n ("Lessor") and Cook InletNmceStream Operating Company, L.L.C. ("Tenant"),
acting by and through VoiceStream PCS BTA I Corporation, ItS Agent
WHEREAS, Lessor owns and operates several tower sites as part of its pubhc safety and
utilities operations In consideration of the premises and of the mutual obhgat~ons and
agreements m this Lease, Lessor and Tenant do hereby AGREE as follows
I The Lessor is the t~tleholder of smd tower sites listed on Exhibit "A" attached hereto and
made a part of th~s Lease for all purposes, which tower sites are situated m the County of
Denton, State of Texas ("Lessor's Property") as descnbed on the attached Exhthlt "Al" The
parttes agree that the legal descriptions of Lessor's Property may be attached as Exhibit "Al",
attached hereto and made a part of this Lease for all purposes, after execution of flus Lease
Tenant hereby desires to lease certmn portions of Lessor's Property and certain portions
of each,of the towers ("Towers") located on Lessor's Property, together with a right of access and
a right to install utflltlas thereon (the "Premises") The Premises which are the subject of this
Lease are s~tuated substantially as shown on Exhibit "A3", attached hereto and made a part of
this Lease for all purposes, and with respect to the spaces on the Towers, the locations and
onentattons are as set forth on Exhibit "A3" attached hereto In addition, Tenant shall have the
nght to run cables and wires under, over and across Lessor's Property to connect Tenant's
eqtupment on the Towers to Tenant's equipment m Tenant's faclht~es located on the Premises m
locatloxls which will be approved by the Lessor through ~ts Assistant C~ty Manager for Utilities
('Dlreotor"), which approval shall not be unreasonably withheld Tenant may park its vehicles on
Lessor's Property when Tenant ~s constructing, maintammg, removing, replacing, and/or
servicing Tenant's communications facfl~ttes
m Lessor and Tenant hereby agree that the Premises 0ncludmg access rights-of-way thereto
but excluchng the spaces on the Towers) may be surveyed by a hcansed surveyor at the sole cost
of Tenant, and such surveys shall then replace the descriptions contained in Exhibit "Al" and
become part hereof and shall control to descnbe the Premises m the event of any discrepancies
between such surveys and the descriptions contained m Exh~hit "A 1"
Lessor leases the Premises to Tenant pursuant to the terms and conditions of th~s Lease,
on a "non-exclusive" bas~s as follows
1. Initial Term; Renewal Terms; Annual Rent Increase, Voluntary Termination
(A) The initial term oftlus Lease shall be ten (10) years, commencing 270 days from the date
on wlu~h this Lease is executed by the partxes, or at the commencement of construction,
whichever event shall first occur Provided that Tenant is not in default with respect to the terms
and proWsions of ttus Lease at the expiration of the lmtlal ten (10) year term, then Tenant, at
Tenant'S option, may renew tins Lease, subject to the same terms and pwvxslons as are
applicable for the lmt~al ten (10) year term, for an additional five (5) year renewal term Further
Prowded that Tenant is not m default with respect to the terms and provisions of this Lease at the
expiration of the additional five (5) year renewal term, then Tenant, at Tenant's option, may
renew this Lease, subject to the same terms and provisions as the lmt~al ten (10) year term and
the additional five (5) year renewal term, for successive additional one (1) year renewal terms for
up to another five (5) years The pames intend that in no event will ttus Lease exceed a period of
twenty (20) years tn duration
(B) Tlus Lease, throughout its tmtlal term and any renewal term provided for m this
paragraph, provides for an automatic annual rental increase of an additional five percent (5%)
over the immediately preceding year's rental rate, with the first such increase occurnng on the
first anniversary of the commencement date of this Lease, and continuing therea~er for each
successive year, for the remainder of the term of the Lease, including all renewals thereof as
provided m this Lease The parties agree that during the sixty (60) day period beginning 120
days before the expiration date of the nutlal ten (10) year term, or the five (5) year renewal term,
or any further automatic one (1) year renewal term of this Lease, either party may voluntarily
terminate tins Lease by written not~ce dehvered to the other party, wtuch termination shall be
effective upon the expiration date of the applicable untml term, or renewal term, or any further
automatic renewal term pmwded for by tins Lease
2. Premises
(A) Access to each of Tenant's equipment shelters situated on the Prenuses w~ll be avaxlable
to Tenant, w~thout Lessor's representative being present, on a 24 hours a day, 7 days a week
basis 'The Lessor grants to Tenant a non-exclusive easement for the term of this Lease for
unrestricted rights of access thereto and to the appropriate source of electric and telephone
facllttlas, subject to the approval of the Lessor through its Director, whose approval shall not be
unreasonably withheld Access to any site wluch is considered to be a secured area will reqmre
pnor verbal notxficaUon to Lessor's representative (or "Hot Line") to be determined by the
Lessor I The telephone number of the 24-hour Hot Line is 940-349-8400
Tower ,chmbs will reqture Lessor representation and will be scheduled only after two hours'
not~ce to the Lessor dunng normal business hours In the event of emergency access to the
Towers, Tenant w~ll be given the name of a contact person with Lessor who ~s available 24 hours
a day, 7 days a week Tenant may be assessed a charge for emergency access in an amount equal
to the total expense recurred by the Lessor for representation dunng such tower clrmbs
Tenantlwlll contract directly w~th a tower climbing crew and will be responsible for all expenses
No tower climbing crew will be permitted on the Towers wxthout prior acceptance by the Lessor
Standards for acceptance by the Lessor will tnclude a hablhty tnsurance pohcy ~n the m~nlmum
mount of $1,000,000
03 ) Eqmpment Shelter Space Space for four racks will be made avmlable to Tenant at the
sate known as "MeKenna Park" as specffied m Exh~bat "A", whmh ~s attached to and made a part
ofth~s Lease for all purposes
3 Rent
(A) Rental Payments In consideration of the Lease of the Prennses, Tenant agrees to pay
Lessor the rental sums based on the monthly rates set forth m Exlub~t "A" for each Tower They
shall be made as follows
1 F~rst year's rent due on execution of th~s Lease
2 Fn-st year's rent shall be calenlated on a per-antenna/coax bas~s at $ 0 66 per foot
for each foot above ground level ("AGL") to antenna eenterhne
3 Rent ~s due on the yearly anmversary of the commencement date of th~s Lease (as
set forth m Paragraph 1 above)
4 On each anmversary of the commencement date of thas Lease, the yearly rent
shall be increased by 5% over the ~mmed~ately preceding year's rental
5 Tenant shall pay to Lessor as additional rental, the sum of $ 250 00 per month for
each and every month that th~s Lease is m force and effect, representmg rental for
the eqmpment shelter provtded by Lessor to Tenant at the MeKenna Park Tower
s~te, as referred to m Paragraph 4 (E) below
6 All payments shall be payable to Lessor at such address as designated by the
Lessor to the Tenant m the manner for notates set forth m Section 12 of thas
Lease
(B) Late Payments If the yearly rent ~s not prod by the anniversary date of the
commencement date of th~s Lease, interest shall accrue at the rate of 1 5% monthly (18%
annually) on all unpmd amounts, sub. leet to Sectmn 8 Th~s late charge ~s not a waiver of the
Lessor's right to declare the Lease m default ff payment of rent ~s not made when due, or to
pursue any legal or eqmtable remexhes Lessor may have to seek damages or to reqmre specffic
performance of the Lease
(C) Other Charges Tenant agrees to pay adchtmnal charges, as speeffied an thas Lease, w~ttun
30 days followmg demand NonNpayment of edd~taonal charges when due shall constatute a
default under thts Lease to the same extent as would nonpayment of rent
(D) Utilities Tenant will be responsible for Tenant's utlht~es at the Premises If provasaons
for emergency power are reqmred, Tenant will be responstble for the lnstallataon and
maintenance of stand-by generators as reqmred
4. Tenant's Use of Premises
(A) Tenant may use the Premises to construct, remove, replace, service, mmntmn, secure and
operate la commumcatlons faclhty, including, w~thout hmltataon, reqmred antenna array (as such
antenna array may be mochfied, added to, or substituted from time to time) and antenna support
structures, and for any other uses incidental thereto Tenant may construct a fence around the
Premises Each such antenna array or antenna support structure may be configured as requested
by Tenant from time to time, provided Tenant obtains, pursuant to Paragraph 4 B, all penmts
and approvals required by apphcable jtmsdlctaons for such requested configuration Lessor shall
have the night to approve plans for any unprovements installed by Tenant on the Premises, such
approval not to be unreasonably withheld, prowded that Lessor must notify Tenant of Lessor's
approval or disapproval of any such plans wlttnn five (5) days after the submission of such plans
by Tenant to Lessor, and m the event that Lessor fmls to so notify Tenant, Lessor shall be
deemed to have approved such plans
CB ) Lessor acknowledges that Tenant's ability to use the Premises for ~ts intended purposes is
contingent upon Tenant's obtaining and mmntmnmg, both before and after the commencement
date, all of the certificates, permits, hceuses, and other approvals (collect~vely, "Governmental
Approvals") that may be reqmred by any federal, state, or local authority for the foregoing uses
and ~mprovements to the Prermses desired by Tenant Lessor shall promptly cooperate with
Tenant,m Tenant's efforts to obtmn such Govermnental Approvals and shall take no action that
would ,adversely affect Tenant's obtmmng or mamtalmng such Governmental Approvals,
prowded, Tenant's use shall not interfere with Lessor's use of the Premises m accordance w~th
Section 4 (D) oftlus Lease Lessor shall not, nor shall Lessor permit its other lessees, licensees
or agents, to interfere w~th Tenant's use of the Premises
(C) Tenant may mount up to a maximum of 12 antennas and the necessary coaxial lines
thereto at each of the Towers Radio frequencies to be used by Tenant will be 1975-1990 Mhz
for transmitting and 1895-1910 Mhz for receiving
(D) Tenant will operate and mmntmn the antennas and associated electromc eqtupment,
whether located on the Towers or m the eqtupment shelters, w~thm specifications and
authorizations of the manufacturers or the Federal Commumcatlons Cormmsslon ("FCC") The
Lessor,will take reasonable precaution to insure interference problems do not arise However, if
interference does occur, Tenant agrees to install ~solators, circulators, or band pass filters or
eqmvalent, to Tenant's eqmpment at Tenant's expense Tenant shall conduct all Tenant's
aetlvlt~as and operations under this Lease to assure that the Lessor's public safety
eommumeatlons, utlhty commumcaUons and utility operations are operated without obstruction
or interference and that Lessor's other faclht~es on the Premises are not damaged or interfered
with It will be the responsibility of the Tenant to resolve any eonft~et between these interests
In the event resolution is not possible, tlus eonfhct of interests is grounds for ternnnatmn of the
Lease by Lessor, and Tenant shall be responsible for any damages done to the Lessor's faefl~ties
If it is so determined that Tenant's eqmpment is not operating ~n compliance w~th manufacturers'
design ~speclficatlous or wltlun FCC rules and regulatmns, Tenant will lmmechately disconnect or
otherwise terminate the operation of Tenant's eqmpment that is not funetlomng within the above
recited specifications and authonzatlons and will not permit further operation of such eqmpment
until at has been repaired or restored so as to function within such specifications and
authonzatmns Tenant grants Lessor the right and anthonty to take any action necessary to
disconnect or otherwise ternunate the operation of any of Tenant's equipment causing
interference or signal degradation as set forth above
If any of the Towers being utlhzed by Tenant as deemed structurally unsound, a pubhc hazard or
must be removed for whatever reason, Lessor grants Tenant the right to erect suitable temporary
structure(s) at or near the subject Tower until such time as Lessor replaces or repmrs the subject
Tower provided, however, nothing herem shall ever require Lessor to repair or replace the
subject Tower, but m the event the Lessor fails to repair or replace the Tower witlun a reasonable
time, Tenant may declare the Lease m defanlt Furthermore, Tenant will have the right to
relocate on smd replacement site at no edchtional cost to Tenant If the subject Tower is
permanently removed, then Tenant vall have the right to erect Tenant's monopole at the
approxiraate locatmn of the subject Tower and at a height and structural strength satisfactory to
Tenant
(E) Lessor agrees to provide an eqtupment shelter at the McKenna Park Tower site wtuch
meets the reasonable requirements of Tenant, to be specified by Tenant withm sixty (60) days
following the executmn of flus Lease by the pames Tenant agrees to pay to Lessor on the date
ti'ns Lease commences, a one-time payment of $ 5,000 00 to defray a portion of the cost of the
McKenna Park Tower site eqmpment shelter Rental is further payable by Tenant to Lessor
respecting such eqmpment shelter in accordance with the provisions of Paragraph 3 (A) $
above Thxs shelter will be placed on the Premises on a mutually acceptable location in close
proximity to the Tower until such tnne as the Lessor constructs a permanent shelter or places an
adequate prefabncated shelter at the McKenna Park Tower site Lessor and Tenant further agree
that Tenant shall not be reqmred to be m an equipment shelter respecting its operations at the
Bronco Water Tower site
(F) At some future date as Lessor has capability to do so and assuming that Lessor is allowed
by law to supply same, Lessor shall offer to supply fiber-optic interconnect to equipment shelters
at MeKenna Park Tower and the Spencer Tower for a period of time equal to the duration of ttus
Lease and at no charge, as described below provided, however Tenant shall not be obligated to
accept such offer
1 Lessor will provide a mlmmum of one (1), 1 544 megabit DS-1 termination from
each Premises to the microwave eqmpment facilities m the Texas Women's
Umversaty Clock Tower Lessor will provide an additional 1 544 megablt DS-I
termmaUon at Tenant's request and expense dunng the life of this Lease
2 Lessor will provide twenty-four (24) hour a day, seven (7) days a week response
to all Tenant's request for emergency support due to outages associated with the
DS-I equipment, and necessary appurtenances thereto, to the Leased Sates The
Lessor guarantees performance level of the DS-1 equipment will be maintained at
99 975% availability Lessor will respond to any problems associated with
Tenant's DS-I eqmpment within 15 minutes of being notified, twenty-four (24)
hours a day, seven (7) days a week when called at 940-349-8400
3 Lessor will, at Tenant's request and expense, reconfigure any clrcmt configuration
necessary to support Tenant's operations m the event Tenant should choose, or be
forced to, relocate Tenant's point of interface from the Texas Women's University
Clock Tower to a mtcmwave hub
4 Lessor's support of the DS-1 terminations and the fiber-optic lines thereto shall
meot or exceed Tenant's requirements for such serrate whtch are 99 975%
availablhty at all times
5. Erection of Antenna and Repairs
(A) Repairs AIl costs for lnstallatmn and maintenance of Tenant's equipment and antennas
on the Towers or the Premises shall be borne solely by Tenant The installation on the Towers or
the antennas shall be made by Tenant using statable devices commonly used in the industry,
capable, of beanng the stress and strain of the installation without weakemng or damaging the
Towers m any way whatsoever Installation or modfficatlon plans must be submitted to and
approved by the Lessor pnor to any installation or mochfication to Tenant's eqmpment or
antennas With respect to the Towers hsted on Extublt "A", Lessor may require Tenant to pay
for rewcw and approval of plans for antenna attachment by a water tower engmeenng firm
The mstallatlon and maintenance and/or removal of Tenant's equipment and personal property on
the Prc'~mtses shall be done without any damage, harm, and lnterruptmn of any other user's
service, and Tenant agrees to hold harmless and lndemmfy Lessor, its officers, employees,
agents and/or contractors from any and all costs, expenses, actions, damages, clmms and liability
due to inJUry to any person or damage resulting from Tenant's utilization of the Premises
This mdemmty shall not apply to any claims anmng from the sole negligence or lntentmnal
misconduct of the mdemmfied party
(B) Alteration or Improvements by Tenant Tenant shall not make, nor permit to be made,
any alterations, additions or improvements to the Premises without Lessor's prior written
consent Tenant shall keep the Premises free from any liens arising out of any work performed,
materials furmshed, or obligations incurred by or for Tenant Tenant shall, Wlthm twenty (20)
days f011ow~ng the ~mposltion of any such lien, cause the same to be released of record by
payment or posting of a proper bond No work that Lessor permits Tenant to perform on the
Premises shall be deemed to be for the use and benefit of Lessor so that no mechanic's or other
hen shall be allowed against Lessor by reason of its consent to such work Lessor shall have the
right to post notices that Lessor ~s not responsible for payment for any such work
(C) Removal of Improvements The antennas and associated equipment ~nstalled on the
Premises by Tenant and paid for by Tenant, except for cable and condmt, shall remain the
property of Tenant and may be removed upon the expiration of this Lease, provided (a) that any
of the items may be removed only if Tenant repairs any damage caused by such removal and
restores the Premises to the condmon of the Premises prior to installation and commencement of
the Lease, reasonable wear and tear excepted, and (b) that Tenant shall have fully performed all
of the covenants and agreements to be performed by Tenant hereunder and that no payments are
due or vall thereafter become due from Tenant to Lessor under the pmvmons of flus Lease, but
in no case shall the equipment be removed by Tenant or tlurd party prior to the expiration of this
Lease or until such time as all memos due under fi'ns Lease are paid in full Upon expiration of
this Lease, if Tenant fails to remove such items from the Premises wltlun sixty (60) days after
demand by Lessor, all such eqmpment shall become the property of Lessor Tenant must give
Lessor sixty (60) days' notice of removal of any equipment from the Towers and/or the Premises
to avoid disruption of service of other users Said removal shall be at a time and date specified by
Lessor and shall not affect Tenant's obligations under tins Lease
6 Notice of Scheduled Interruption Lessor v~ll give Tenant forty-five (45) days' written
notice of any scheduled actawty that will cause interruption of Tenant's activities, emergency
situations excepted Tenant shall be allowed to erect temporary facilities as provided in
Paragraphs 4 (D) and 11 hereof
7. Site Management The parties agree that Lessor shall serve as the site manager for all
users of the two (2) tower sites descnbed herein
8. Notice of Default In the event Tenant is m default under this Lease, Lessor shall give
written notice thereof to Tenant Except as to interference as described hereto, and
notwithstanding any other provision hereto, Tenant shall cure said default wittun 20 days
following receipt of said notice If a subtenant is m default to Tenant in Tenant's capacity as site
manager (as described m Paragraph 7), it will be the sole responsibility of Tenant to pursue the
cure of said default and to ewct the subtenant, if necessary Under no circumstances will Tenant
be considered m default to Lessor based on any subtenant's default status
9. Terminat~on
If any of the following events occurs, Tenant shall have the nght to tertmnate this Lease by
g~vmg 30 days written notice to Lessor of such termination
(A) Tenant determines that it will be unable to obtain, after expending reasonable efforts, all
necessary Governmental Approvals for Tenant's intended use of and improvements to the
Premises desnted by Tenant, or
(B) Tenant's appheatlun for any Governmental Approvals necessary for Tenant's use of the
Premises and improvements desired by Tenant is denied, or
(C) Any Governmental Approvals necessary for Tenant's use of the Premises and/or
improvements to the Premises, whether now or hereafter desired by Tenant are canceled,
expired, lapsed or otherwise w~thclrawn, terminated or denied so that Tenant, in its reasonable
judgment, determines that it will no longer be able to use the Premises for Tenant's intended use,
or
(D) The FCC allocates the frequencies at which Tenant may operate its antennas and
equipment and may from time to time change such frequencies Any change of this nature that,
in Tenant's reasonable judgment, renders its operaUon of a commnnlcat~ons facility at the
Premises obsolete, or
(E) If Tenant determmes that the Premises has become unsuitable for Tenant's operations due
to changes m system or network design or m the types of eqmpment used in such operations at
the Premises become unprofitable,
Any temunatlon notice rendered by Tenant pursuant to Paragraph 9 shall cause this Lease to
expire wxth the same force and effect as though the date set forth in such notice were the date
ongmally set as the expiration date of this Lease and the parties shall make appropriate
adjustment, as of such termination date, with respect to payments due to the other under this
Lease
10. Indenmiflcation and Insurance
(A) Tenant hereby agrees to mdemmfy and hold Lessor harmless from and against any and all
claims of habfllty for personal injury or property damage to the extent that they result from or
arise out of 0) Tenant's breach of any term or condition of this Lease on Tenant's part to be
observed or performed and/or (il) the acts or omissions of Tenant, its agents and employees in,
on or about the Premises, excepting however, such claims or damages as may be due to or
caused solely by the acts or omissions of Lessor, its employees or agents
To the extent permitted by law, this indemnity shall not apply to any claims arising from the sole
negligence or lntentaonal misconduct or the po~on of the jomt or concurrent negligence of the
mdemmfied party
(B) Pubhc Liability Insurance Tenant shall maintain public liability insurance at all times
dunng the tema of this Lease with a company rated A- or better by Best rated careers approved
to do busmess m Texas by the State Insurance Comnussion with personal injury limits of at least
$1,000,000 for damage to property and bodily injury and death, covenng the Premises and
Tenant's use thereof with compames, and m form, satisfactory to the Lessor Said policy or
policies shall name Lessor and Tenant as msureds and shall bear endorsements to the effect that
the insurer agrees to not~fy Lessor not less than tlurty (30) days in advance of any modification
or cancellation thereof Tenant shall dehver a certificate of insurance satisfactory to Lessor as
proof that adequate msurance is in force
(C) Lessor shall not be responsible for any interruption of service, unless it is due to
negligence on the part of Lessor
(D) Nothmg herein shall constitute a waiver of any defense the Lessor or Tenant may have to
any cause of action or claim brought under or as a result of operations under this Lease including
and without hmitatxon the defense of governmental immunity, all such defenses are expressly
reserved
11. Damage and Destruction
(A) In the event that any of the Tower and/or the Premises are totally damaged or destroyed
by fire or other casualty, or so extensively damaged that they cannot be restored w~thm 180 days
to the condition as the same existed prior to such damage, either party shall have the right to
terminate flus Lease by giving written notice to the other of the exercise of ttus right w~thm thirty
(30) days following the occurrence of the fire or other casualty In no event shall Lessor be
responsible for damages due to delay occasioned in repoanng such damage Tenant shall have
the right to erect temporary, substitute faclht~es if any of the Towers and/or the Premises are
rendered tamporanly unsuitable for operation Rent shall abate for any pencil that any of the
Towers and/or Prem~sas are rendered unsuitable or unavailable for Tenant's use
(B) Lessor shall not be responsible for any damage to Tenant's equipment caused by
vandalism, not, war, fire, accident, foalure, or act of God
(C) Lessor will not provide any insurance on Tenant's eqmpment If Tenant so desires,
Tenant may maintain at Tenant's sole expense, any type of hazard insurance on all equipment
located on the Premises Tenant understands that in no way will Lessor be responsible for any
loss to Tenant's eqmpment
12. Notices
All notices hereunder must be m writing and, unless otherwise provided herein, shall be deemed
validly g~ven af sent by certified marl, return receipt requested, addressed as follows (or to any
other ma~hng address which the party to be notified may designate to the other party by such
not,ce), or by overmght delivery or as otherwise provided under applicable state law Should
Lessor or Tenant have a change of address, the other party shall immediately be noUfied as
prowded m flus Paragraph of such change Unless Lessor otherwise specifies in wntmg, rent
checks from Tenant shall be sent to the person listed below to whom notices are sent
Tenant: Cook Inlet/VoieeStream Operating Company, L L.C.
Address 3650 - 131"t Avenue SE, State 200
Bellevue, WA 98006
Attn PCS Leasing Admlmstrator
Telephone No (425) 653-4600
Facsimile (425) 653-5050
With a copy to Cook InletfVoaceSlream Operating Company, L L C
Address 3650 - 131st Avenue SE, Suite 200
Bellevue, WA 98006
Attn Legal Department
Telephone No (425) 653-4600
Facsimile (425) 653-5050
Lessor: The City of Denton, Texas
Atto City Manager
Address 215 E McI~nney
Denton, Texas 76201
Telephone No (940) 349-8307
Facsimile (940) 349-8596
W~th a copy to C~ty Attorney
Address C~ty of Denton, Texas
215 E MeI~nney
Denton, Texas 76201
Telephone No (940) 349-8333
13. Compliance with Laws
The Tenant shall comply wxth all federal, state, local, laws, roles, regulations and ordinances
apphcable to the teleeommumcataons mstallatmn covered hereunder, as they may now read or
hereinafter, or amended
14. Venue
Th~s Agreement xs entered rote m the C~ty and County of Denton, Texas and shall be governed
by and construed ~n accordance with the laws of the State of Texas Venue and jurisdiction of
any stut or cause of action ansmg under or m counect~on w~th flus Tower Lease Agreement shall
be exclusively ~n a court of competent junsdlctmn s~ng in Denton County, Texas
IN WITNESS WHEREOF, Lessor and Tenant have executed this Tower Lease Agreement by
and through their duly-authorized and empowered officials and representatives effective as of the
date heremabove stated
"LESSOR"
CITY OF DENTON, TEXAS
A Municipal Corporation
t, - 'M~ch~l W Je ,,~t~Manager
10
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HE[a~BERT L' PROUTY, CITY ATTORNEY
"TENANT"
COOK INLET/VOICESTREAM
OPERATING COMPANY
A Limited Liability Company
Chris Hlllabrant-Reg~onal Director
Vo~ceStream PCS BTA I Corporation
Its Agent
ATTEST
11
[Notary block for L~mdlord]
STATE OF TEXAS )
) ss
COUNTY OF DENTON )
This mstn~nent was acknowledged before me the undersigned authority ttns /~" day of ,
2000 by Michael W Jez, City Manager of the City of Denton, Texas, a Texas Mumclpal Corpo~at~o~ on behalf of
smd City,' m/t~capaoity thereto stated
(Use thts space for nota~/stamp/seal)
/Notary block for Te.ant]
STATE OF TEXAS )
) ss
COUNTY OF DALLAS )
I ce~fy that I know or have satisfactory evidence that Chin Hdlabrant, Regional D~rector of VoiceStream
PCS BTA I Corporation, is the person who appeared before me, and said person acknowledged that he/she signed
this ms~ument, on oath stated that he/she was anthonzed to execute the instrument and acknowledged it as the duly-
autho.nz~d agent for Cook Inlet/VolceStream Operating Company, L L C to be the free and voluntat~ act of such
party for the uses and purposes mentmned m the instrument
xNota~ Pubhc
(Use ~s ~e for no~ sm~seal)
12
EXtlIBIT "A"
TOWER SITES
Site known as "~ff~]~I~L,T, IL~
Site known ns "McK~nnn Park Radno Tower"
EXHIBIT "Al'
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
Site known as "Bronco Water Tower'S:
All that certmn lot, tract, or parcel of land, lying and being situated in the City and
County of Dentun, State of Texas, and being part of the Thomas Toby Survey, Abstract 1288 out
of a tract to R M Evers dated November 17, 1954, Vol 399, page 534, Deed Records, Denton
County Texas, from W T Evers and others Land being tract 7 in smd deed, also being tract 8 in
a deed from AF Evers to RH Evers dated March 25, 1907 as shown in Vol 104, Page 453
deed records, Denton County, Texas
Commencing at a point on the East boundary line of Rmey Road located on the South
boundary lme of the Thomas Toby Survey, Abstract 1288, said line also bemg the North
boundary lme ofN H Melsenhelmer Survey, Abstract 810, said point being North 88049, West
1350' from an iron pm locating the Northeast comer of said N H MeIsenhelmer Survey 810
Thence South 88049' East 350' to a point on said survey line
Thence North 1°11' East 60' to the point of beginning of hereto described tract
Beginning at a point North 1 °11' East 60' from a point located on the N H Melsenhelmer
Abstract 810 Survey 1me being South 88049, East 1000' from an iron pin in the ground
describing the Northeast comer of said survey
Thence North 1 o 11' East 200' to a point,
Thence North 88049, West 200' along a hne parallel to the Northern Survey line of the
N H Melsenheimer Survey, Abstract 810, to a point, Thence South 1 Ol 1' West 200' to a point,
Thence South 88049, East 200' along a line parallel to the N H Me~senhelmer Abstract
810 to the point of beginning, eontaunng an area of 40,000 square feet, more or less
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EXHIBIT "Al"
LEGAL DESCRIPTION OF LESSOR'S PROPERTY (continued)
Site known as "McKenna Park Radio Tower":
All thatlcertain tract or parcel of land situated m the County of Denton, State of Texas, and being
a part of the Robert Beaumont Survey and being more particularly described as follows
BEGINNING at the Southwest comer of the Robert Beaumont Survey at a point 1311 3
vrs East of the Northwest comer of the Eugene Puchalsl~ Survey m the North boundary line of
the same at a post and pile of rock m the West border of the Cross-Timbers and at a point known
as Medhn's Point from winch a P O brs North 90 dog East 5 vrs another brs North 24 dog East
8 vrs
THENCE East 302 3 vrs to a point for comer, stud point being 20 feet East of the
Southwest comer of a 15 acre tract deeded by R HEwmg and wife M E Ewmg to
D L Wdkans
THENCE North and parallel with sad D L Wdkms West boundary hne 329 ¼ vrs to a
point for comer, said point being 20 feet West of the Northwest comer of satd Wfllans tract
THENCE West 302 3 vrs a point for comer
THENCE South 325 1/4 vrs along the West boundary hne of said Beaumont Survey to
place of bel~nnmg and cuntainmg 18 acres of land more or less and being the same tract of land
conveyed to us by R HEwmg and vale M E Ewmg by deed dated November 27 AD, 1909,
recorde~d m Volume 112, page 215, of the Deed Records of Denton County, Texas
15
EXHIBIT "Al"
EQUIPMENT DESCRIPTION FOR TENANT
2. Site known as" o "
Equipment to be installed Personal Commumcatlons Services (PCS) transmitting and receiwng
eqmpment, consisting of 2 Nortel S8000 BTS racho transceivers, battenes, rectifiers, and
ancillary eqmpment
Apphcation and fi'equency PCS (C~block 1975-1990 MHz, 1895-1910 MHz)
Antennas 9 EMSRRg0-18-00 (typical style), 120-foot centerhne (approximately 120-130 feet
AGL) to be mounted on top of Water Tower using a Bracketmasters or slmdar Tripod mount
Feedhnes 9 runs of 1-5/8" coax
2. Site known as "McKenna Park Radio Tower"
Eqmpment to be ~nstalled Personal CommumcaUons Services (PCS) transmitting and receiving
eqmpment, consxstlng of 2 Nortel S8000 BTS radio transceivers, battenes, recUfiers, and
ancdlary eqmpment
Apphcat~nn and fl~equency PCS (C-block 1975-1990 MHz, 1895-1910 MHz)
Antennas 9 EMSRR90-18~00 (typxcal style), 120-foot centerlme (approximately 135-145 feet
AGL)
Feedhnes 9 runs of 1-5/8" coax
16
EXHIBIT "A3"
PREMISES DESCRIPTION / SITE PLAN
Site known as "McKenna Park Radio Tower"
~ City of Denton Provided
Not to Scale Existing PdmeCo Equipment Shelter
Equipment Bldg
Proposed Access /
Utility Easement ~.~'"' I
25' x 200' ~ I ' "- Existing Tower I Telc~
(existing gate & roadI ~ I OH
17
EXHIBIT *'A3'*
PREMISES DESCRIPTION / SITE PLAN (continued)
Site known as ~'Bronco Water Tower"
/ Antennas to be
~ mounted on top of tank
using · tripod mount
IIIII II
18
EXHIBIT "A3"
PREMISES DESCRIPTION / SITE PLAN (continued)
Site known as "Brgnco Water Tower"
Not to Scale
(20' x 20')
Proposed AcCess / UUIIty ~- ' T~' -- Fenceline -- ' ~
Easement ~
S \Our Docurrent~\Contracta\OO\Tower L~aa~ Agreomont VomcStream Oper Co LLC- F~nal doc
19