Item 5ECity of Southlake, Texas
MEMORANDUM
January 2, 2003
TO: Billy Campbell, City Manager
FROM: Pedram Farahnak, Public Works Director, x2308
SUBJECT: Authorize the Mayor to execute an amendment to the July 18, 1996 lease
agreement with Verizon Wireless for the placement of an antenna system on
the Florence Water Tower.
Action Requested: Authorize the Mayor to execute an amendment to the July 18, 1996 lease
agreement with Verizon Wireless for the placement of an antenna system
on the Florence Water Tower.
Background
Information: Verizon has agreed to amend the July 18, 1996 lease for antennas on the
Florence water tower. Three major changes are proposed: the lease rate
would change from $12,696 to $22,000 per year; the City would agree to
extend the contract term for 25 years; and a 5% annual increase in rent
would be added to the agreement.
To ensure Southlake is collecting competitive lease payments, staff
conducted a rate study and found the average annual rate for wireless
communication antenna leases to be $19,302. The results of the study are
provided in this packet.
Financial
Considerations: If the annual rate is raised from $12,696 to $22,000 and the rent is
increased 5% annually, the additional revenue over the next five years will
be $54,275.89.
Citizen Input/
Board Review: Not applicable.
Legal Review: The City Attorney has reviewed and approved the amendment.
Alternatives: Approve or Deny.
Supporting
Documents: Amendment to Ground and Tower Lease Agreement
Original Agreement dated July 18, 1996
Rate Study of Comparative DFW Cities
Location Map
Staff
Recommendation: Authorize the Mayor to execute an amendment to the July 18, 1996 lease
agreement with Verizon Wireless for the placement of an antenna system
on the Florence Water Tower.
Cc: Mike Patterson, Operations Manager
Valerie Bradley, Assistant to the Public Works Director
4— Srlr ID: Flurmcc Wm T—
Verizan Wireless Site In: - %wthlzle_Walgr_Tawrr_2! R0036,Slk 161407A
AMENDMENT TO GROUND AND TOWER LEASE AGREEMENT
BETWEEN CITY OF SOUTHLAKE AND YERIZON WIRELESS
This is an Amendment to the Ground and Tower Lease Agreement dated July 18, 1996
( "Lease "), between the City of Southlake, Texas, a municipal corporation. ( "OWNER ")
and PrimeCo Personal Communications, L.P., a Delaware limited partnership, ( "PPC "),
now succeeded in interest by Dallas NITA L.P, dlbfa Verizon Wireless ( "iVERIZON
WIRELESS ");
WHEREAS, on or about July 18, 1996, the parties entered into a Ground and Tower
Lease Agreement for the elevated water tower known as Florence Water Tower at 635
Brewer Street in Southlake, Texas; and
WHEREAS, the parties wish to amend the Lease in certain respects as set forth below.
NOW, THEREFORE, the parties mutually agree to modify and amend the Lease as
follows:
That Section 3, Term and Rcnt, of the Lease shall be deleted in its entirety and be
replaced with the following:
A. This Lease shall be for an initial term of five (5) years
beginning on February 1, 2003 ( "Corunencement Date "), at an Annual
Rent of Twenty Two Thousand and no /100 Dollars ($22.000.00), which
rent shall be payable monthly in advance beginning on the
Commencement Date and each month thereafter (partial months prorated)
to OWNER or as OWNER may otherwise direct from time to time in
writing at least thirty (30) days before any rent payment date. Annual
Rent shall be increased by five percent (5 %) on the anniversary date of the
Commencement hate and each succeeding anniversary date thereafter
throughout the initial term. The terms and conditions of the Lease dated
July 18, 1946, shall remain in fall force and effect as stated until amended
by this Amendment and made effective on the Commencement Date.
B. This Lease shall automatically renew for four (4)
additional successive five (5) year extension periods upon the expiration
of the initial term, subject to the termination requirements in Section 5,
Termination,
Page 1
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C. The Annual Rent for each year of each extension period
shall he the Annual Rent in effect for the previous year increased by five
percent (5 %) payable monthly in advance.
D. Should this Lease still he in effect at the conclusion of all
the extension periods provided for herein, this Lease shall continue in
effect upon the same terms and conditions, other than Annual Rent, which
shall be an amount equal to the Annual Rent in effect for the prior one (1)
year period, increased by Paragraph 3.C., above, for a further period of
one (t) year, and for like annual periods thereafter, until and unless
terminated by either party giving to the other at least ninety {90) days
written notice of its intention to so terminate before the date this Lease
expires.
AIR
That the first paragraph of Section 5F. of the Lease shall be deleted in its entirety and
replaced with the following:
F. Notwithstanding anyghing to the contrary contained herein,
provided VERIZON FIRELESS is not in default hereunder and shall have paid all
rents and sums due and payable to the OWNER by VERIZON WIRELESS,
VERIZON WIRELESS shall have the right to terminate this Lease upon the annual
anniversary of this Lease provided that three (3) months prior notice is given the
OWNER. Notwithstanding anything contained herein to the contrary, OWNER
shall have the right to terminate this lease upon ninety (90) days prior written
notice to VERIZON WIRELESS should OWNER, in its reasonable discretion and
after conclusive engineering studies, determine that the tower upon which
VERIZON WIRELESS' equipment is installed should be removed or dismantled
because ofunsafe structural conditions.
III.
All references to PTimeCo Personal Communications, L.P., a Delaware limited
partnership ("?PC"), within the Lease shall hereinafter mean Dallas MT.A L.P. debla
Verizon Wireless ( "VERLZON WIRELESS ").
IV.
Ibc address for notice for"PPC" under Section 12, Notices, shall be deleted in its
entirety and replaced with the following:
Dallas MTA, L.P. dlbla Verizon Wireless
184 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Page 2
Owmr Six P6 Flowee water 7a-sr
Va Wirelew Site ID: Southhake wwwr_Tvwa_3: ROOW Site I61401A
The terms of this Amendment shall control in the event of conflict with the Lease. In all
other respects, the Lease dated July 18, 1996, shall be in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates
shown below in their respective signatures.
ATTEST: CITY OF SOUTHLAKE, TEXAS
City Secretary
By:
Rick Stacy
Its: Mayor
Date:
DALLAS MTA LF. d/b/a VERIZON WIRELESS
by Verbott Nyireleaz Texas, LLC, its general partner
By:
Howard H. Bower
Its: Area Vice President — Network, South Area
Bate: /
Page 3
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Site I17_ r1cwKe Waier Tower
Verizm Wireless Sire ID: S .Nake Wager Tower 2: 80036, Site 161407A
STATE OF NORTH�LINA
COUNTY DF RG
BEFORE ME, the undersigned authority in and for MrHdrrbmrg County, State of
North Carolina, on this day personally appeared Howard H. Bower, known to me to be
the person and officer whose name is subscribed to the foregoing irtstrunnent and
acknowledged to me that he is the Area 'Vice President - Network, South Area of Dallas
MTA, LP. drbla Veri20n Wireless, by Verizon Wireless. Texas, LLC, its general partner,
and that he is authorized by said company to execute the foregoing instrument as the act
of such company for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN FJNDER MY HAND AND SEAL OF OFFICE, this the day of
,rte,
200S.
le LI Z a :. r-th
Notary u tc in an nr the State of North Carolina
Type or Print Notary's Marne
NOTARY PUBLIC
My Commission Expires: STATE OF NORTH CAROU A
CASARRUS COUNTY
PETTY F. JOHNSON
9 -off MY COMMISSION EXPCRES
APRIL 18, 2005
PW 4
GROUND AND TOWER LEASE AGREEMENT
SITE ID:R0036A OFFICIAL RECOR
THIS GROUND AND TOWER LEASE AGREEMENT ("Lease ") is entered into' as of this II R day of 1996,
by and between City of Southlake, Texas, a municipal corporation ("OWNER "), and Dallas MTA L.P., a, a Del iriited
Partnership, by it's sole general partner PrimeCo Personal Communications L.P., a Delaware Limited Partnership (PPC).
In consideration of the premises and of the mutual obligations and agreements'in this Lease, the parties agree as follows: ,
1. THE PROPERTY
A. OWNER is the titleholder of that certain real property commonly known as Florence Elevated Storage Tank at
635 Brewer St., City of Southlake, County of Tarrant, State of Texas C' OWNER's Property") which is described on the attached
Exhibit "A 1." The parties agree that the legal description of OWNER's Property may be attached as Exhibit "A 1" after execution
of this Lease.
B. PPC hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage
tank ( "Tower ") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the
"Property") as set forth in Exhibit "A2 ". The Property and landscaping requirements, including any fencing, are to be determined
by the OWNER. In addition, PPC shall have the right to run cables and wires under, over and across OWNER's Property to
connect PPC's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER. PPC may
park its vehicles on OWNER's Property when PPC is constructing, removing, replacing, and/or servicing its communications
facility.
C. PPC covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any
representation of OWNER as to the condition of the Properly or Tower or their suitability for the purposes and uses herein intended.
)'PC accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants
PPC the right to obtain a title report, soils tests, and other engineering procedures or environmental investigations on, under and
over the Property necessary to determine that PPCs's use of the Property will be compatible with PPC's engineering specifications,
system, design, operations and Governmental Approvals (hereinafter defined).
D. OWNER and PPC further agree that the Property (including an access right -of -way thereto but excluding the
space on the Tower) maybe surveyed by a licensed surveyor at the sole cost of PPC, and such survey shall then replace Exhibit
"A2" and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and
the description contained in Paragraph I.B. above.
2. LEASE AND EASEMENT
OWNER leases the Property to PPC and grants to PPC a non - exclusive easement (during the term of this Lease) to access the
Property (seven [7] days a week, twenty -four [24] hours a day) and to install, remove, replace, and maintain utility cables, conduits
and pipes from the Property to the appropriate, in the discretion of PPC, source of electric and telephone facilities.
3. TERM AND RENT
A. This Lease shall be for a initial term of five (5) years beginning on _7- a , 1996 (`Commencement Date ")
at an Annual Rent of Eleven Thousand Forty Dollars ($t 1,040), which rent shall be paid annually, in advance, beginning on the
Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct
from time to time in writing at least thirty (30) days before any rent payment date.
GROUND AND TOWER LEASE AGREEMENT (Revised 7- 17 -96)
l
B. PPC is granted Options to extend this Lease on these same terms and conditions for four (4) additional rive (5)
year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period
at the end of the then- current tertr. suhiect to the termination requirements in Sectian :t.
C. The Armual Rent foreach extension period shall be the.4nnual Rent in effect for the final year of the prior term
or cxteris[on period, as the case may be, increased by fifteen percent (15%),
D. Should this Lease still be in effect at the muclusion of al I the extension periods provided for herein, this Lease
shall continue in effect upon the some terms and conditions lather than Annual Rent which shall be an amount equal to the Annual
Rent in effect for the prior one (I ) year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for litre
annual periods thereafter, until and unless tcrminated by either party by giving to the other at least ninety (") days wrinen notice
Of its intention to so to urinate before the date this Lzasc expires,
USE OF THE PROPERTY
4. PPC may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance,
security= and operation ofa communications fatiliry, including, without limitation, required FFC antenna array (as such antenna
array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental
thereto. PPC shall not use w permit the Property to be used for any purposes other than described above without the written
consent of (DWNER, which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be
configured as requested by PPC from time to time provided PPC obtains, pursuant to Paragraph 4.B. , all permits and approvals
required by applicable jurisdictions for such requested configuration notwithstanding the above, O)AWER shall approve,
disapprove or request modifications to plans for any improvements m modifications installed by PPC on the Prtrperty, which
review and action shall not be unreasonably withheld or delayed. Improvement ofthe Property to meet PPG's needs shall be at
PPC's sole expense, and PPC shall maintain such improvements to the Property in a reasonable condition throughout the term.
B. OWNER acknowledges that PFC's ability to use the Property for its intended purposes is contingent upon PPC's
obtaining and maintaining, both befan: and after the Commencement bate, all ofthe certificates, permis, licenses and other
approvals (collectively, "Governmental Approvals ') that may be required by any federal, state or local authority fur the foregoing
uses and improvements to the Property desired by PPG. OWNER shall cooperate with PPC in PPC's efforts to obtain such
Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect PPC'a obtaining ar
ntaintaininS such Govcmmcntal Approvals, so long as PPC is in compliance with applicable provisions of the So ithlakc City
Charter, ordinances, and rules-
TERMINATION
Provided PPC is not in default hereunder, if any ofthe following occurs, PPC shall have the right to immediately terminate this
Lease by givingwriteen notice to OWNER ofsuch termination.
A, PPC determines, its its stile discretion, that itwill be unable to obtain 211 necessary Governmental Approvals for
PPC intended use of and improvements to the Property desired by PPC; or
B. PPVs application for any Governmental Approvafv necessary for PPG's use of the Property and improvements
desired by PPC's is denied; or
C. any Governmental Approvals necessary for PPC's use of the Property and/or improvements to the Property,
whether now or hereafter desired by PPC, are canceled, expired, lapsed or arc otherwise, terminated or denied so that ?PC, in its
reasonable judgement, determines that it will no longer be able to use the Property for PPG's intended use; or
()_ the Federal Communications Commission allocates the frequencies at which PPC may operate its antennas and
equipment and may from time to time change such frequencies. Any change of this nature that, in PPC's reasonable judgement,
renders its operation of a wireless communications facility at the Property obsolete; or
if PPC determines that the Propene has become unsuitable for PPG's operations due to changes in system or
network design or in the types of equipment used in such operation! or PPG's operations at the Property become unprofuable.
R
GROUND ANDTOWLR LEASE AGREEMENT (R-i-d 7. 17.96)
I '
F. Provided PPC is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by
PPC, PPC shall have the right to terminate this Least at any time after ten (10)) years upon one (1) year prior written notice to
OWNER. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1) year prior written notice
to PPC. Notwithstanding anything contained herein to the contra}•, OWNER shall have the right to terminate this Lease at any
time upon thirty (30) days prior written notice to PPC should OWNER, in its sole discretion, determine that the Tower upon which
PPG's equipment is to be installed should've removed or dismantled.
Notwithstanding anything herein to the contrary, any breach, default or failure by PPC to perform any of the duties or obligations
assumed by PPC under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be
cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver to PPC ten (10)
days prior written notice of its intention to so terminate [his Lease, including in such notice a reasonable description of the breach,
default or failure. If PPC shall fail of refuse to cure, adjust or correct same to the reasonable satisfaction of oNk NER within said
ten (10) days written notice to PPC, to laminate this Lease. Upon termination of this Lcasc, al: rights, powers and privileges of
PPC hereunder shall cease and teritimate and PPC shall, within (10) days, vacate the Property and remove all of its impravernenu.
fixtures and equipment. In the event PPC does not vacate the Property within said period, OWNER may, without being deemed
guilty ofasespass, and without any liability whatsocwt - on the part of OWNER, enter upon quid take full possession pf the Property
and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Propertv
without being liable for damages,
Any tenmination notice rendered by PPC pursuant to this Paragraph shall cause this Lease to expire with the same force and effect
as though the date set forth in such notice were the dare originally set ss the expiratinn date of this Lease and the parties shall make
an appropriate adjustment, as o f such termination date, with respect to payments due to the other under this Lease.
ASSIGNMENT AND SUBLETTING
A. Except to a "Parmer Company," "Affiliate;' "Subsidiary" or a Subsidiary or Affiliate of a Painter Company of
PPC (as defined below)„ PPC shall not assign this Lease, orallow it to be assigned, in whole or in part, by operation of law or
otherwise or mortgage or pledge the same, or sublet tae Property, or any part thereof, without the prior written consent of O WNER
such consent not be be unreasonably withheld or delayed. CANER's consent to an assignment or sublease shall be deem ed given
if OWNER does riot respond to PPC's request within ninety (90) days after OWNER's receipt of sue request.
B_ 'NYNEX, Bell Atlantic, Air [ouch Communications and U.S. West are each a Partner Company. An Affiliate
of an entity is any corporation with fifty -one percent (51 or more of the stock of which is owned, d irectly or indireetty, by such
entity. A Subsidiary of an entity is any corporation eighty percent (m) ar more or which is owned by such entity.
C. No Consent by OWNER to any assignment or sublease by PPC shall relieve PPC of any obligation to be
performed by PPC under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any
assignment er sublease shall not relieve FPC from the obligation to obtain OWNER's express written consent to any other
issigrmaenrorsubicase.
D. Any sale or other transfer including by consolidation, merger or reorganisation, of a majority or the voting stock
of PPC, if PPC is a corporation, pr any sale or other transfer of a majority in interest (whether of profits, losses, capital or voting
power) or majority of the persona corn posing . the managers orthe partnership, if PPC is a partnership, shall not bean assignment
for purposes of this Paragraph 6,
FIRE OR OTHERCASUALTY
A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to PPC
within twenty (20) days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth
OWNER's election (a) not to repair, restore andJor reconstruct the Tower, or (b) to repair, restore and'or reconstruct. the Tower.
If, as a result of any such casualty, the Property becomes totally or partially unusable by PPC, rent shall abate during the period
of repair in the same proportion to the total rent as the port ion of the Property rendered unusable bears to the entire Property. if
OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion
entirely at OWNER's expense), grid this Lease shall continue in full force and effect.
GROUND A N D TO W EA LEASE A G REEMCNT (Revised 7 -17-96)
R. Notwithsumditg anything contained herein to the contrary, OWNER is under no duty or obligation to repair floc
Tower in a manner that would accomnrodate PPC's equipment or antenna army. In the event that following repairs, the Tower
is no longer suitable for PPG's intended uses, PPG's sole remedy shall be to terminate this Lease.
C. If OWNER (a) undcaakcs the repair, restoration andlor rmunstruction of the Tower or o.` any access thereto but.
fails to complete such repair, restoration, andlor reconstruction within fora -five (45) days after the casualty, ar (b) notifies PPC
of OWNER's intention not to repair, resiare andror reconstruct the Tower, or fails to deliver to PPC the written notice required
under- Paragraph 7 A. within twenty (20) days, then PPC may in rtediately cancel this Lease by giving written notice of its election
to cancel to pWf1M
8. INDEMNIFICATION AND INSURANCE
A. PPC hereby agrees to indemnify and !.old OWNER harmless from and against any and all claims of liability for
Personal injury or property damage to the extent that dray result from or arise out of (i) the acts or omissions of PPC, its agents and
employees in, on or about the Tower, including the Property, excepting however, such claims or damages as may be due to or
caused solely by the acts or omissions of PPC, its employees or agents, andror (ii) PPG's breach of any term or condition cf this
Lease on PPG's part to be observed or performed.
B. OWNER hereby agrees w indemnify and hold PPC harmless from and against any and all claims of liability for-
personal injury or property damage to the accent that they result from or arise out of (i) the acts or emissions of OWNM its agents
and employees in, on or about the Tower, including the Property, excepting, however, such claims or damages as may be due to
or caused solely by the acts or omissions ofPPC, its employees or agents, andror (ii) OWNER's breach of any term or condition
ofthe Lease on OWNER's putt to be observed or performed.
C. PPG shall provide OWNER with a certificate of insttmn0c and a copy of the insurance policy, issued by an
insurance company licensed to do business in the state in which the Tower is Incased indicating that PPC carries comprehensive
general liability insurance with limits ofliability thereunder of not less than: bodily injury: $500,000 for injury to any one perscn
and 51,000,000 for all injuries sustained by more than one person in any occurrence, property damage; $1,000,000 for damage
as a result of any one accident. Such insuranee shall [tame OWNER as an additional insured with respect to the Property, PPC
will provide O"Ek with a renewal certificate within ten (ID) business days of each renewal. Any insurance required to be
provided by PPC under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other
locations of PPC, provided such blanket insurance policy complies with all orthe other requirements ofthis Lease with respect
to the type and amount of insurance required. PPC may also NMI] its requirements under this Paragraph $ through a program of
self- insurance, subjoct to approval by OWNER, which approval shall not be unreasonably withheld. If PPC elects to self - insure,
then PPC shall furnish OWNER with a letter stating that therc is a self- insurance program in effect that provides for the same, or
greater, coverage than required of PPC herein. All insurance policies furnished under this provision shall name O"ER"as
additional insured. PPC agrees to furnish OWNER with certificates of insurance certifying that PPC has in force and effect the
above specified insurancc. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed
unless 30 days' priorwritten notice is just given to OWNER-
D. Each hazard insurance policy carried by or on behalf of PPC insuring PPG's antennas and equipment located on
or about the Property shall provide standard extended coverage, including without limitation, coverage against losses caused. by
Fire. The parties further agree and hereby rcicasc each other wilt respect to any claim (including a claim for negligence)which the
other party may have against such party for loss, damage or destruction of, or liability for damages to, the property of the other
occurring during the term ofthis Lease, as same may be extended, and normally covered under a fire insurance policy with
emcndod coverage. Norw•ithstanding anything contained in this Lease tothe contrary, the provisionsofthe subparagraph 81), shall
conrrol.
UTILITIES
A. PPC shall be responsible directly to the serving entities for all utilities required by PPG's use of the Property;
however, O"ER agrees to cooperate with PCC in its efforts to obtain utilities from any location provided by the O WNER or the
servicing utility. Should electric power be provided by OL1^'1'IER. PPC will install an electric meter and PPG's usage shatt he read
by O VINFR or, at OWNER'S option, by PPC, on an annual basis and the cost of electricity used by PPC shall be paid by PPC to
OWNER annually as a payment separate froln rent[ and shall be computed at the then - current public utility rule.
GROUND AND TOWER LEASEAGREEMENT (Re . ised7- 17.98)
V" d
B • Should a power outage -occur so that PPC is unable to operate using power from the electric utility, PPC may
operate with an electric generator, but only until electric utility power is restored to the site.
10. RICFITS TO EQUIPMENT; CONDITION ON SURRENDER
A. PPC's antennas and equipment shall remain personal to and die ptolte: ry of PPC. Ai clue temtiuxation or exp ration
of this Lease, if notice is received tom pwNElla, PPC shall remove its antennas and`or equipment. PPC shall rep" any damage
caused by such removal, and shall otherwise su rmnderthe Property at the expiration of the term, as same may have barn extended,
or earlier termination thereof, in good conditi wi, orditiary wed and (uv, damage b) fire and other casualty excepted. Any of PPC's
equipment or other property that has not been removed from the Property at the time of Lease termination shall be deemed
abandoned by PPC and OWNER shall be free to dispose of same in any manner OWNER chooses and without any liability to PPC
therefor.
R. Any claims relating to the condition of the Property must be presented by OWNER in writing to PPC within one
hundred eighty (180) days after the removal of antennas and equipment by PPC or OWNER shall be deemed to have irrevocably
waived any and all such claims.
PPC DEFAULTS
A. Trite occurrence o.` any one or more of the following events shall constitute an "Event of Default" hereunder by
PPC:
(1) The failure by PPC to make any payment of rent or any other payment mgcired to be made by PPC
hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received
by PPC from OWNER.
(2) The failure by PPC to observe or perform any ofthc covenants or provisions ofthis Least to be ahscrvcd
or performed by PPC, other der specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days
after written notice thereof is received by PPC from OWNER.; provided however, that it shall not be deemed an Event of Default
by PPC if PPC shall commence to cure such failure within said ten (10) day period and thereafter diligently prosecutes such cure
to completion.
B. If there occurs an Event of Default by PPC, in addition to aoy nthcr remedies available to OWNER at law or in
equity, OWNER shall have the option to terminate this Le= and all tights of PPC hereunder,
12. NOTICES
All notices hereunder must be in writing and, unless otherwise provided herein, shall he deemed validly given if sent by certified
mail, return rctcipt requested, addressed as follows (or to any other mailing address which the party to be notified may dcsignatc
to the other puny by such notice) or as otherwise provided under applicable state law. Should OWNER or PPC have a change of
address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise
specifies in writing, rent checks from PPC shall he sent to the person listed below 10 whom notices are sent.
PPC: Dallas MTA L.P., a Delaware Li sited Partnership, by it's sole general partner PrimcCo Personal Communications L.P.,
a Delaware Limited Partnership (PPC)
OWNER: City of Souihlake, Texas
GROUND AND TOWER LEASE iAOREEMENT (RcvivA 7.17.96)
It 5
Property Manager
Address
6 Campus Circle, Westlake, Texas 76262
Telephone Numbe r:
(817) 258.1944
With a copy to:
Legal Department
Address.
d Campus Circle
Westlake, Texas 76262
OWNER: City of Souihlake, Texas
GROUND AND TOWER LEASE iAOREEMENT (RcvivA 7.17.96)
It 5
Attu: Curtis E. Hawk, City Manager
Address: 667 North Carroll Avenue
Southlakc, Texas 76492
Telephone Number: {81'}481 -5591 Extension 702
13. SALE OR TRANSFER BY OWNER
Should OWNER, at any time during the term of this Lease, sell, lease transfer or otherwise convey all or any part or OWNER'S
Property to any transferee other than PPC, Shen such transfer shall be under and subject to this Lease and all of PPC's rights
hereunder.
14. HAZARDOUS SUBSTANCES
A, PPC represents, warrants and agrees that it will conduct its activities on the Property in compliance with all
applicable Environmental Laws (as &Fined in attached Exhibit "El"). OWNER represents and warrants that it has received no
notice of, nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and
warrants that, to the best of its knowledge, the Property has never been used for the use, generation, storage or disposal of
Hazardous Substances as defined in Exhibit "B" attached hereto.
B. OWNER shall be responsible for, and shall promptly conduct any investigation and remediation as required by
any Environmental Laws or common law, of all spills or other releases of Hazardous Substances, not caused by PPC, that have
occurred or that may occur on the OWNER's Property, arising from OWNER's activities on the Property.
C. PPC agrees to defend, indemnify and hold OWNER harmless from and against any and all claims, causes of
action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments
and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's
Property or the migration of any Hazardous Substance to other properties or released into the environment arising from PPC's
activities on the Proper• during the term of this Lease.
O. OWNER agrees to defend, indemnify and hold PPC harmless from a•sd against any and all claims, causes of
action, demands and liability including, but not limited to, darnages, costs, expenses, assessments, penalties, fines, losses, judgments
and attorney's, fees that PPC may suffer due to the existence or discovery of any Hazardous Substance on the Property or the
migration of any Hazardous Substance to other properties or released Lato the environment, arising from OWNER's activities on
the OWhTER's Property during the term of this lease.
1S. CONDEMNATION
A. l n the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken
or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of
condemnation to prevent taking, then this Lease shall forthwith automatically cease and terminate.
B. In the event any Portion of the Property, including without limitation the Tower, shall be taken or condemned,
either temporarily or permanently, for public purposes, or sold to a condemning authority under threat or condemnation to prevent
taking, then OWNER agrees that PPC may use andler construct upon an allemative portion of OWNER'S Property which is equally
suitable for PPC .'s purposes, provided such space is available. The exact site to which PPC may relocate will be determined by
OWNER and it may be upon any portion of OWNER'S Property (or other property owned or controlled by OWNER) provided
that PPC reasonably approves the site as equally suitable for ?PC's intended uses. OWNER will designate a site to which PPC
may relocate prior to the taking, condemnation or sale, In the aver: no alternative portion of the OWNER's Prapom is equally
suitable for the Purposes of PPC, then PPC may terminate this Laasa.
C. OWNER shall receive the entire oonderrnation award for land, Tower and such other improvements as are paid
for by Ou VEFt and PPC hereby expressly assigns to OWNER any and all riot, title and interest of PPC now or hereafter arising
in and to any such award. PPC shall have the right to recover from such audichry but not from OWNER, any compensation as
may be awarded to PPC on account of the kasehold interest of PPC now or hereafter arising in and to any such award. PPC shall
GROUND AND TOWER LEASE AGREEMENT(RGriscd 7- 17.96) tI
VU_ (e
have the right to recover fiom such authority, but not from OWNER, any eompcnsatior as may be awarded to PPC on account of
the leasehold interest, moving and relocation expenses, and deprecation to and removal of the persona'. property and fixtures of
PPC.
16. LtEN.S
PPC shall keep the Property free from any liens arising out or anywork performed, materials furnished, orobligations incurred
by or for PPC. PPC shall, within twenty (20) days following the unposition of any such lien, cause the same to be released of
record by payment or pasting of a proper bond. No work which OWNER permits PPC to perform on tine Property shall he deemed
to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reasor.
of its txxtscnt to such work. OWNER shalt have the right to past notices that it is not responsible for payment for any such work.
17. TAXES
PPC shall be liable for and shall pay to the applicable wing authority if billed directly to PPC, art to OWNER if billed to OWNER,
upon thirry (30) days prior, written notice from OVrNM any and all taxes and assessments levied against any personal property
or trade or other fixtures placed by PPC in or about the Property.
PPC shall pay as additional rent any increases in real property taxes levied against OVINER's Property, including the Tower, as
a mutt of improvements constructed by PPC on the Property. PPC will not be responsible for any increases in real propern taxes
which area result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof.
18. QUIET ENJOYMENT AND NON- INTERIZERENCE
A. OWNER warrants and agrees that PPC, upon paying, the rent and performing the covenants herein provided, shall
peaceably and quietly have and enjoy the Property.
B. PPC covenants and agrees that PPG's equipment, its instillation, operation and maintenance will;
(1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER
or other operators prior to installation of PPC`s antennas andlor transmission lines on the Tu-er• PPC shall coordinate with
O`%NER and all other operators of rddic equipment at the Tower to insure that PPG's frequencies and antenna locations will be
compatible with said existing radioequipment. In addition, in the event OWNER desires to install additional radio equipment at
the water tower site in the future, PPC agrees to take all reasonable measures to eliminate any interference with said radio
equipment, however, ir. no event shall PPC be required to move its antennas or equipment on the tower site or the equipment
building. In the event there is harmful inierference to said electronic equipment. PPC wit[ prompt], take all steps to eliminate said
harmful interference with ten (10) days after notice from OWNER or such other operator to PPC advising of tee interference. If
said interference cannot be eliminated within thirty (3 0) days of notice thereof, PPC agrees to suspend operations (transmissions)
at the site while the interference problems are studied and a means found to mitigate them. If said interfeence cannot be
eliminated, then PPC shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be
terminated.
(2) During the term of this Lease or any extension dwre*f, OWNER shall not permit other tenants, to place or
operate any equipment whicb would interfere with PPG's equipment or operations on the OWNER's Property or Property.
OWNNER shall cause that all subsequent tenants on the Tower to f0t coordinate with PPC to ensure that their frequencies and
antenna locations will be compatible with PPC''s and to agree to a clause similar to this Paragraph I8.B.(I) herein, promising to
immediately eliminate harmfui interference ifsaid tenant's radio equipment should interfere with that of PPC herein.
C. Comply wire all applicable rules and regulations of the Federal Communications Commission, and electrical
codes of City of Southlakc and for State of Tcxas. Under this Lcasc, the OWNER assumes no responsibility for the licensing,
operations andior maintenance of PPG's equipMerit, antennas, transmission lines or attachments.
C?, This Paragraph 16 is made subject to Paragraph 19. F.
GROUND AND TOWER LEASE AGREEMENT (Revised 7.1; -96)
19. COORDINATION OF OPERATION
A. OWNER agrees (i) to use its best efforts to minimize inconvenience to PPC by using its best efforts not to cause
or permit any interruption or interfere with the operations of PFC'santmnas or equipment, during the hours of 4;00 p.m. to 700
p.tn. on any weekday, and (ii) to give PPC notice of any repairs, alterations, additions or improvements to be made with respect
to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for
scheduled or routine maintenance that might adversely affect the operation of PPC's wireless communications facility, antennas
or equipment.
B. Only qualified and adequately insured employees, agents, contractors or persons under PPC's direct supervision
will be permitted to climb the Tower and to install. maintain, or remove PPC's antennas andlor equipment from the Tower.
OWNER retains the right to permit its awn employees and agents and employees and agents of the subscqucnt users of the Tower
to climb the Tower for the purpose of repair and maintenance or for any other purposes [hat do not interfere with PPC's use of the
Tower, and so long as PPC complies with the provisions of Paragraph 19 of this Lcasc.
C. OWNER shall not permit any person, inctuding without limitation any contractor, employee, agent, tenant, or
invitee, to work within a ten (10) foot radius of PPC's antennas unless PPC is notified prior to such activity. OWNER agrees to
give PPC reasonable advance written notice (except in the cast of emergency where advance written notice Cannot be reasonably
given, in which event, OWNER shall give PPC telephonic notice (at 1- 817 -258 -1004) of repairs, alterations, additions, or
improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the
antennas.
D. In the event that OWNER dtxennincs that any equipment or operation of PPC causes radio interference, as
defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Toweror with
any of OWNER's facilities ur OW'NER's equipment on the Tower, then PPC shall have thirty (30) days within which to correct
such radio interference, pursuant to Paragraph I I.A. (2) hereof. Unless such interference is with 0 ER's emergency
communications then such interference shall be corrected immediately or terminated.
I,. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting. etc. of
the Tower without compensation or liability to PPC, even thought such maintenance and painting may cause interference with PPC's
operations. OWNER shall notify PPC at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that
will be likely to interfere with the operation of PPC's equipment and allow PPC to construct and operate temporary facilities on
Ota'NER% Property. OWNER shall not be required to notify PPC prior to performing any emergency maintenance on the Tower.
24. LIGHTING OF ANTENNAS
OWNER hereby agrees that, if because or ?PC's operations on the Properry any laws or regulations of the Federal Aviation
Administration, Federal Communications Commission or any other relevant governmental agency or body requite or recommend
thw PPC's antennas an&or the Tower be lit and +or marked, PPC may install and maintain such lighting and markings- In no event,
however, shall PFC be responsible for the installation or maintenance of any lighting or markings required by the operations of
OWNER or any other tenant in the Tower. 0%NER will permit PPC access to all portions of the Tower that PPC may need in
order to check and replace such required or recommended lighting or marking.
21. BROKERS
OWNER and PPC represent to each other that they have not negotiated with any real estate broker in connection with this Lease.
22. ESTOPPEL. CERTIFICATES
A. 'OWNER, at the request of PPC, shall provide PPC with a certificate stating: (1) whether OWNER has any claim
against PPC and if so, stating the nature of such claim; (1) that OWNER recognizes PPC's right le PPC's antennas, equipment and
ether property; (3) that PPC has the right to remove PPC's equipment and other property from the Property notwithstanding that
same may be considered a fixture under local law; and (4) that OWNER has no mteresi in and disclaims any interest to PPC's
equipment and other propctn.
GRGUND AND TOWER LEASE AGREEMENT (Revised 7- 17 -46}
B. PPC, at the request of OWNER, shall provide OWNER with a tertifecate stating! (1) that this Lease is unmodified
and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating
the modification); (2) whether or not, to PPC's knowlw'ge, there arc then existing any set -offs, or defenses against the enforcement
ofarty ofthe agreements, terms, envenants or conditions htmofupon the part of PPC to be performed or complied with (and, if
so specifying the samc); and (3) the dates, if any, to which the rent has been pAid in advance.
23. MISCELLANEOUS PROVISIONS
A. This Lease is not a franchise. 'Ibis agreement does not prevent the OWNER from seeking to implement a
franchise on PPC, but PPC does not acknowledge that the OWNER has a right to franchise PPC or waive anyright it might have
to contest a franchise,
$. OA NER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property
and has foil authority to enter ipso and cxccum this Lcasc and that here rue no undisclosed liens, judgments or impediments of lick
on OWNER's Property that would affect this Lease.
C. This Lease, including attached cxhib:ts which arc hereby incorporated by reference, incorporates all agreements
and understandings between OWNER and PPC, and no verbal agreements of understandings shall be binding upon either QWNER
OT PPC, and any addition, variation, or modification to this Lease shall be ineffective unless made in writing and signed by the
Parties,
D. OWNER agrees that OWNER's Properry (including, without limitation, the Tower) and all improvements
comply, and during the term of this Lease, shall continue to comply with all building, lifesafety, disability and other laws, codes
and regulations of any applicable governmenal or quasi - governmental authority. All such compliance shall be accomplished at
OWNER's sale cost and expense. ERCept for improvements made by PPC. OWNER, at its sole asst, shall maintain in good
condition and repair, the Towcr and othcr improvements up-on which the Property is located. PPC agrees that PRUs property and
all equipment and improvements erected hereunder shall comply, and during the tern of this Lease, shall continue to comply with
all building„ lifelsafety, disability and other laws, codes and regulations of any applicablegoverAmental or quasi - governmental
authority. All such eomplianct shall be accomplished at PPC's sole cost and expense. PPC, at its sole cost and expense, shall
maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at
the time of installation.
E. -`his Lease and the performance herecifshalI be governed, interpreted, construed and regulated by the laws of
the State ofTexas, Any litigation concerning this Lease shalt be conducted in Tarrant County, Texas and Lhc parties hereby agree
to the venue and personal jurisdiction of these courts.
E This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend
to and bird the heirs, personal representatives, suectssots and assigns of the part ies_
G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same
as if the words importing such covenants and conditions had been used in each separate paragraph.
H. The parties acknowledge that each has had an opportunity to review ant.' negotiate this Lease and have executed
this Lease only afler such review and negotiation. The language of each part of this Lease shall be construed simph and according
to its fair meaning, and this Lease shall not be construed more strictly in favor or against either pan.
1. At OW'NER'S option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may
encumber all or any part ofthe Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable
to PPC's counsel) the validity of this Lease in the evert ofa foreclosure of OWNER's interest and also PPC's right to remain In
occupancy and have access to the property as long as PPC is not in default of this Lease. PPC shall execute whatever instruments
may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust,
ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with
PpC to obtain from the holder of such encumbrance an agreement that PPC shall not be disturbed in its aamsession, use and
ORGUND AND TCt4vER LEASE AGREEMENT (RLYised 7- 17-46)
enjoyment of the Property.
J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then
such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and,
as so modified, such portion and the balance of this Lease shall continue in full force and effect.
K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for
damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled
to receive from the non - prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services
rendered to the prevailing party, together with its other reasonable litigation expenses.
L. In addition to. the other remedies provided for in this Lease, OWNER and PPC shall be entitled to immediate
restraint by injunction of any violation of any of the covenants, conditions, or provisions of this Lease.
M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the
interpretation of this Lease.
IN WITNESS WHEREOF, OWNER and PPC have duly executed this Lease as of the day and year first above written.
PPC: Dallas MTA L.P., a Delaware Limited Partnership, by it's sole general partner PrimeCo Personal Communications L.P.,
a Delaware Limited Partnership (PPC)
By:
Name: D as *as
Its: hector ite Development
OWNER: /I City of Southlake, Texas
By: (4 94 / \ J
Name: C U K f `Tt-S F' n
Its: l C�l - �1 ll in"Y-=tR
Tax No: /- 1A/ 11 7�
GROUND AND TOWER LEASE AGREEMENT (Revised 7- 17 -96) 10
NOTARIES- GROUND AND' TOWER LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF
The foregoing instrument was
by
this day of 1996,
d0�40. 1> G . P., .i
y p . He /she is personally known to me @F has pFeduGed
(OFFICIAL NOTARY SIGNATURE)
_- � 1 % 4 4 , MENE D. F. QOBTERMEYER
MY COMMISSION EXPIRES NOTARY PUBLIC - STATE OF 7�
Apol 9, 2000
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
MY COMMISSION EXPIRES:
STATE OF TEXAS
COUNTY OF j y'�
The foregoing instrument was acknowledged before me this day of 1996,
by �/ U of ' a
corporation, on behalf of the corporation. ❑ by partner (or agent) on behalf of
a partnership. He /she is personally known to me or has produced
as identification.
t 9 " P , SANDRA L LEQRAND (OFFICIAL NOTARY SIGNATURE)
* NOTARY PUBLIC
a ^✓ NOTARY PUBLIC -STATE OF �ak
Comm,
State of 02x-0497
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
MY COMMISSION EXPIRES:
GROUND AND TOWER LEASE AGREEMENT (Revised 7- 17 -96)
11
EXHIBIT "Al"
LEGAL DESCRIPTION OF OWNER'S PROPERTY
SITE ID B0036A
� a ; ;_tome �
BEING a 5.00 acre tract situated in the J. J. FRESHOUR SURVEY, ABSTRACT No. $71, Tarrant
County, Texas, and being more particularly described by metes and bounds as followx
COMMENCING . at a railroad spiloe found in the center line of Florence Road, said sptilm also
being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955,
P. 21, DKMM, said spike also being the northwest corner of a tract of land conveyed to C. J.
Brewer as recorded in V. 6I67, P. 974, DMICT;
THENCE East along the center line of Florencc Road for a distance of 410.00 feet to a 1/2 inch
iron pipe found for corner, said pipe being the northeast corner of said Brewer tract, said pipe
also being the northwest corner of a tract of land conveyed to Everett H. Davis as recorded in
V. 7090, P. 187, DRTCT;
THENCE South for a distance of 865.20 feet to a 3/8 inch iron rod set, said iron being in the
west line of said Uavis tract, said iron also being the POINT OF BEGINNING of the tract of land
herein described;
THENCE South for a distance of 526.26 feet to a I/2 inch iron rod found for corner, said iron
being the southwest corner of said Davis tract, said iron also being in the north line of a tract
of land conveyed to Wm. W. Johnann as recorded in V. 2244, P. 339, DR=;
THENCE West for a distance of 412.50 feet to a 1/2 inch iron rod found for corner, said iron
being in the northerly line of a tract of land convcyod to Royal E. Smith as recorded in V. 4077,
P. 477, DRTCT, mid iron also being the southeast corner of a tract of land conveyed to Steve
Bell ct ux Kathryn, as recorded in V. 6752, P. 431, DRTCI;
THENCE N 00 07'27" W for a distance of 526.26 feet to a 3/8 inch iron rod set, said iron
being in the east line of a tract of land conveyed to Willis Lester Dowll et ux, Dell as recorded
in V. 5955, P. 25, DRTCP,
THENCE N 89 59' 52" E fora distance of 413.64 feet to the POINT OF BEGINNING and
containing 5.00 acres (217,804 square feet) of land more or less.
TOGETHER MM AN EASwrNT Log TNGR.ESS AND EGRESS OF THE FOLLOWING
DESCRIBED PROPERTY
OWNER INITIALS
TENANT IMTIALS
GROGND.L`1D TONER LEASE. —NORTH TES,1.S (51101%)
PrinW4: 06,13146
30' ACCESS EASEMENT DESCRIPTION
BEING a tract of land situated in the J. J. FRESHOUR SURVEY, Abstract No. 521, Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a railroad spine found in the center line of Florence Road, said spike also
being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955,
F. 21, DRTCT, said spike also being the northwest corner of a tract of land conveyed to C. J.
Brewer as recorded in V. 6167, P. 974, DR=,
THENCE East along the center line of Florence Road for a distance of 195.00 feet to a point for
the northwest corner of the herein described easement for the POINT OF BEaINNM.
THENCE East along the .centerline of Florence Road a distance of 50.00 feet to a point for
corner,
THENCE S 00° 04'4 1 ' E for a distance of 865.20 feet to it point for corner;
THENCE S 89° 59' 59' W for a distance of 30.00 feet to a point for corner•,
THENCE N 00' 04' 41" W for a distance of 86520 feet to the point of beginning and
containing 0.596 acres (25956.9 square feet) of land more or less.
TOGETHER !AM A N EASEMENT FOR ITIZLI; IES OVER THE FOLLOWING DESED
PROPERTY
15' UTILITY EASEMENT DESCRIPTION
BEING a tract of land situated in the J. J. FRESHOUR SURVEY, ABSTRACT NO. 521, Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a railroad spike found in the center tine of Florence Road, said spike also
being the northeast corner of a tract of land conveyed to James Virgil as recorded in V. 5955,
P. 21, DRTCT; said spike being the northwest corner of a tract of land conveyed to C. J. Brewer
as recorded in V. 6167, P. 974, DRTCT;
THENCE Cast along (lie center line of Florence Road for a distance of 193.00 feet to a point for
the northeast corner of the herein described easement for the POINT OF BEGINNING.
THENCE 5 00' 04'4 1" E for a distance of 865.20 feet to a point for corner;
THENCE S 39° 59'59" W for a distance of 15.00 feet for corner,
THENCE N 00 04'.41° W for a distance of 865.20 feet to a point for a corner in the center
line of Florence Read;
THENCE East along the center line of Florence Road for a distance of 15.00 feet to the PO
OF BEGINNING and containing 0.298 acres (1278.4 square feet) of land more or less.
EXHIBIT 66 A2"
LEASED SITE
SITE ID: R0036A
The leased Property, as depicted by cross - hatching in the drawing below, is situated
within Owner's Property as described in Exhibit "Al ".
W
!Y
,�; ,✓,mac. o�'ow „crs Prz�Y
MIOVM'S I 1 �I7A1'
1
�Fforesce Ac er Tiuer
G35' SeemerSt. a
.Soz,4A A�e, 7ex t
5;0 acres i
�J
vtt✓e access r o.d /cased Proper"y
a I< c r� 30 x 30
(not to scale)
To be replaced upon completion of site survey
EXHIBIT "M"
TENANT'S LEASED SPACE ON TOWER
SITE ID RO03tiA
Antennas will be ma=ted of the Tower located an owner's Property
described in Exhibit ^A1", at a height of approximately 771, and
oriented at 0; 120; and 240: azimu ,.
T --
37.1
g0.0
antennas
OWNER INITIALS
TENANT IALS
GROUND AND TOWER LEASE —NORTH TEXAS (Sp.&96)
Mi" OVUM
Exwzrr' r
CQywid end Tower *Am Agxeweat dat / .
bert the C sty of Sr_nrth7 iX e , xs flamer
and m
As userl ih this Lease, 'Fnvirocm l Laws" mczw ali faiwal, stue and local mnvirnomca[s!
L%". rule, reSulaooax, o ran= jud'ieiz ar ar u&uurx t*m dens=, onl=. declsio¢s, mmhociariam
ar permits pauining LO the protaetiatt of It+.lmaa hakb andlor the w4 m2m=, ircImErg, but nor limivad .
t4, th& Rcsom= Conservarion and lteravery Act 42 U.S.C. 54 6401. _q.. the Clean Ai, At.L, d,1
L1 §§ 7401. a.req., the F cdc%1 W.W gatiWioa Ccaucl A=, 33 US.C. Sf 1251, at seq., tho
E--z PhAmLng " COmmmui 8.'lq,4t LO Kww Aft, 43 US.C. §§ LL01, et seq., the
L`_nrr�xrh ve Favuonmroral ftmpo -� o..:...'m rod Llabxmu A.- i2 U.3.C, §¢ Sol, Er segr_,
toe T"ic &A=a0= Cann: Act, LS L1.5.0 15 2601. +aiaq.. the M Penmen Gantral Am, 33 11.3.6.
H 2701, et srq.. sad Te rmsa vuperfAnd laws. or agy gamr oompzmbja locaL, 5= or linen! maze or
o "am-MCC pctsrlaior, to dr, envfrv== or marlrtrl raKm== and all rcpdulortr pvmuLap li=uo. This
4e -14oa igrlad- W fedcmL state or local ismd ose laws d nmg with &ovum s=uWrvfty
inChWing. but not hutited cc. laws rega.,44 wetlazpds, sto l aquifers, c. or setssit:ivc srras,
shoccllttrs. fuh aaa wildlife Labitu, or disiorical or ar s4nW=w4,
M turd in Iis Lcxse, "Hazu4ous Sub =ncr m--am =y hmreour -or =xio subrtaaccs as
dew by tb& Coaptrhensive F. azv4gnHaoatsl RmgxAzr C4=P=WjQQ &ad LisbWty Act, as Minded
from time to tiglC aay hazardous wzaLc = dcf= d try the ResOUM Ceatrmtioti sod Rcoavvezy Act of
1976, as x=ze dl from rune to t;me; my astd rll nmurW w"%G or us• dcalzW 2a UL=rd u
Pt to %my fa c"d. watt or local laws or xegaLW= or otdcr, sad =y wbstsxc whkh Is or
4reo— rrgalatal by sry f-d 21, state Or louf gvrcm==l wahoriry; sny oil, petrolet= pmducU and
tfseir bypr�gvcta,
4y��
Rate Study of Comparative DFW Cities for Communication Antennas
rates from the most recent contracts in each city
City
Yearly Rate
Rate Increase
Date of Contract
Company Name
Bedford
$ 30,000
15 or
CPI, whichever
is greater
Aug -02
AT &T
Colle ville
$ 16,680
5 %/ r
Sep-01
Web Link Wireless
Co ell
$ 24,000
12°/x/5 rs
Jan -02
Sprint
Euless
$ 18,000
12 %/5 rs
Flower Mound
$ 14,400
CPI/ r
Frisco
$ 27,000
15 %l3 rs
Apr-02
AT &T
Grapevine
$ 18,000
15% /5yrs or
CPI, whichever
is greater
Aug -01
NEXTEL
Hurst
$ 18,000
15 %/5 rs
May-01
Cin ular SWB
Keller
$ 18,000
0
Mar -01
VoiceStream
North Richland Hills
$ 21,000
3 %/ r
Jan -02
Verizon
Plano
$ 20,400
3 %/ r
Jan -02
AT &T Wireless
Richardson
$ 14,400
4 %/ r
Tro h Club
$ 11,040
15 %/3 rs
Jul -02
AT &T Wireless
Westlake
I N/A
$ 250,920
13
Average annual rate $19,302
r
Southlake Water Towers
Dome Tower located at 100 West Dove Road
Bicentennial Park Tower located at 200 N. White Chapel Blvd.
Miron Tower located at 3201 Miron Dr.
Florence Tower located at 635 Brewer St.
ti
. 1
g