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HomeMy WebLinkAboutResolution - 2005-R0577 - Agreement - Alamosa PCS - Lease Antenna Space - 12_15_2005Resolution No. 2005-R0577 December 15, 2005 Item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement by and between the City of Lubbock and Alamosa PCS, for the lease of antenna space on a City owned radio tower located near 79th and Slide Road, and related documents. Said Lease Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 15th day of December, 2005. MARC MCDOUGAL, MAYOR ATTEST: Reb cca Garza, City Secretary �— APPROVED AS TO CONTENT: I� Ma k Yea Z d, Chje Information Officer APPROVED AS TO FORM: M. Knight, As ant C' Attorney gs/ccdocs/Agn-ant-Alamosa PCS.res Dec. 6, 2005 Resolution No. 2005—RO577 CONTRACT NO,, 6588 ANTENNA COLLOCATION LEASE AGREEMENT " ' THIS ANTENNA COLLOCATION LEASE AGREEMENT is entered into this 15thday of December , 2005 , between The City of Lubbock, Texas (hereinafter referred to as the "Lessor") and Alamosa Properties, L.P., a Texas limited partnership, (hereinafter referred to as the "Lessee"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. (a) Lessor currently owns or leases a parcel of land (hereinafter referred to as the "Land") and owns and operates a telecommunications tower (hereinafter referred to as the "Tower") located thereon in the City of Lubbock, County of Lubbock, State of Texas, (hereinafter the Tower and Land are collectively referred to as the "Pro a "). The Land is more particularly described in Exhibit A, annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, on a non-exclusive basis, approximately Four Hundred (400) square feet of the Land and space on the Tower at the One Hundred Twenty Five (125) foot level (hereinafter collectively referred to as the "Premises") and grants Lessee, as permitted by applicable law ore regulation, the right to install and maintain transmission and utility wires, cables, conduits and pipes on the Property including over, under or along a right-of-way extending from the nearest public right-of- way to the Premises; said Premises and right-of-way for access being substantially as described in Exhibit B annexed hereto. (b) If the Premises are a part of property leased to Lessor under agreement with the owner of the property (hereinafter referred to as the "Prime Lease"), Lessee acknowledges that it has received a copy of the Prime Lease and that it has read and is familiar with its terms. Except as otherwise expressly provided, or except as the terms of the Prime Lease may be in conflict with or inconsistent with the terms of this Agreement, all of the terms, covenants and provisions in the Prime Lease are incorporated into and made a part of this Agreement as if fully set forth in it, Lessor being substituted for the Lessor named in the Prime Lease, and the Lessee herein being substituted for the Lessee in the Prime Lease. Notwithstanding anything to the contrary contained in this Agreement, this Agreement and all of Lessee's rights and obligations hereunder are expressly under and subject to the Prime Lease. In the event the Prime Lease expires or is terminated, this Agreement shall terminate as between Lessor and Lessee on the effective date of termination the Prime Lease, and Lessor shall have no liability to Lessee therefor. Lessor shall give Lessee written notice of such termination or expiration of the Prime Lease as provided herein or as soon as practicable. SITE NO: DA04AL142 Fire Station PAGE ❑ 111 LESSOR: REV. DATE: 02/15/0I—A1amosa5.doc LESSEE: c- 2. Use. The Premises may be used by Lessee only to install, maintain, repair, replace, remove and operate the Lessee Facilities (as defined at Paragraph 7(a)) on or in the Premises for the purposes of a communications facility and uses incidental thereto in connection with the provision of telecommunications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. (a) Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making necessary engineering surveys, inspections, soil tests, borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 7(a)); provided, however, that such tests and construction shall be at Lessee's sole cost and expense. Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all plans, specifications, surveys and tower maps for the Land or Tower in Lessor's possession or available to Lessor and not covered by any existing confidentiality obligation. Prior to installation of the Lessee Facilities on the Tower, Lessee shall obtain, and pay for any and all costs associated with, appropriate structural analyses to determine if the physical condition of the Property is suitable for Lessee's permitted uses. (b) None of the Lessee Facilities shall be installed on the Tower nor shall any Construction pertaining to the Lessee Facilities commence until Lessee has submitted its construction and installation plans and list of contractors and subcontractors to Lessor in writing and such plans and list have been approved in writing by Lessor, such approval not to be unreasonably withheld, delayed or conditioned. Lessee shall not alter any plans so approved without following the same procedures. Lessee shall be responsible for grounding all external and internal wiring and cabling installed by Lessee. Lessee shall obtain Lessor's prior written approval of such grounding plans. In the event any such plans are not approved or rejected by Lessor within ten (10) days of submittal by Lessee, same shall be deemed approved. 4. Term. (a) Initial Term. The Initial Term of this Agreement shall be for a period of five (5) years commencing on the first to occur of (i) the date Lessee commences construction of Lessee Facilities or (ii) six (b) months after full execution of this Agreement (hereinafter referred to as the "Commencement Date") and expiring on the fifth (5 b) anniversary of the Commencement Date. SITE NO: DA04AL142 Fire Station CPAGE E20 LESSOR: I/ REV. DATE: 02/15/01—AlamosaMoc LESSEE: (b) Renewal Terms. Lessee shall have the right to extend this Agreement on the same terms contained herein for five (5) additional periods of five (5) years (hereinafter referred to as the "Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth in this Agreement, except that Rent shall increase as provided in Paragraph 5(b). This Agreement shall automatically be renewed for each successive Renewal Term unless Lessee notifies Lessor of Lessee's intention not to renew the Lease at least thirty (30) days prior to the expiration of the Initial Term or the Renewal Term, which is then in effect. 5. Consideration. (a) Initial Term. Lessee shall pay to Lessor as rent the sum of Twenty -One Thousand Six Hundred and 001100 ($21,600) Dollars per annum. Annual Rent shall be payable in equal monthly installments, in advance, on the first day of each month beginning on the Commencement Date. If the Commencement Date occurs on a Date other than the last day of a month, the monthly installment of Annual Rent shall be prorated for each such partial month. (b) Renewal Term. In the event of the renewal of Agreement as provided in Paragraph 4(b), the Annual Rent shall increase on the first day of each Renewal Term by percent 2.5% of the annualized Annual Rent in effect immediately preceding the increase. 6. Conditions Precedent. This Agreement is subject to the following conditions precedent: (a) Lessee's ability to obtain all governmental licenses, permits and approvals required of Lessee for its use of the Premises, including without limitation, applications for zoning variances, administrative or special use permits, and building and land disturbance permits (hereinafter collectively referred to as "Governmental Approvals"); provided, however, that Lessee shall have the right, without obligation to do so, to appeal any denial by a governmental agency, and the contingency date for obtaining Governmental Approvals shall be extended until such time as a final decision is rendered and is not the subject of any further appeal made or defended by Lessee. Lessor agrees to make reasonable effort to cooperate with Lessee; provided, further, however, that Lessor shall be reimbursed by Lessee for any of Lessor's reasonable out-of-pocket costs associated with the foregoing within thirty (30) days of Lessee's receipt of an itemized statement of such costs together with all supporting documentation; and SITE NO: DA04AL142 Fire Station PAGE _J3 0 LESSOR: J REV. DATE: 02/15/01—Alamosa5.doc LESSEE: (b) Consent to this Agreement from the owner of the Land (if other than Lessor), which Lessor shall obtain, provided such consent is required. (c) A title search, survey, geotechnical and/or environmental study and RF engineering analysis shall be allowed by Lessor to be performed by Lessee, which search, survey, study or analysis shall not reveal defects or abnormalities which Lessee, in its sole discretion, determines would interfere with or prevent Lessee's intended use of the property. (d) If either Paragraph 6(a), 6(b) or 6(c) condition precedent is not satisfied or waived within one (1) year for the date hereof (subject to appeal and tolling of this condition precedent date pursuant to Paragraph 6(a), Lessee may terminate this Agreement on thirty (30) days written notice without liability. 7. Facilities; Utilities; Access. (a) Lessee, at its sole cost and expense, has the right to erect, maintain and operate on the Premises radio and related communication facilities, including utility lines, transmission lines, an air conditioned equipment shelter or cabinets, electronic equipment, radio transmitting and receiving antennas and supporting structures (hereinafter referred to as "Lessee Facilities") as are specifically described in Exhibit B. All construction and installation work shall be performed in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at his sole expense before the expiration or earlier termination of the Agreement; provided, however, that Lessee is not in default of the Agreement and Lessee repairs any damage to the Property caused by such removal. Lessor further recognizes and acknowledges that Lessee intends to enter into or has entered into certain financial arrangements with Citicorp USA, Inc. ("Citicorp"), as administrative agent and collateral agent for itself and various other lenders (the "Lenders"), and, in connection with such financing arrangements, Citicorp and the Lenders will take a security interest in the Lessee Facilities and the products and proceeds thereof (collectively, the "Collateral") to be installed on the property which is the subject of this Antenna Collocation Lease Agreement. Lessor consents to the installation of the Collateral, disclaims any interest in the Collateral, as noted hereinabove, and represents that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment or distress from rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. Lessor further represents that such consent and representations noted herein shall inure to the benefit of Lessee, Citicorp, the Lenders and any replacement or refinancing lenders their successors and assigns. Lessor further represents and acknowledges that Citicorp and the Lenders shall, subject to prior approval by Lessor, have the right to cure any default of Lessee hereunder within the applicable cure period and may, by assuming all of Lessee's obligations herein, be substituted as Lessee hereunder. Nothing contained herein shall be deemed or SITE NO: DA04AL142 Fire Station ❑PAGE E4D LESSOR: REV. DATE: 02/15/01 Alamosa5.doc LESSEE:. �- construed to obligate Citicorp or any of the Lenders or any replacement or refinancing lenders to take any action hereunder or to perform or discharge any indebtedness, liability, obligation or duty of the Lessee under this Antenna Collocation Lease Agreement. (b) Lessee shall timely pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall draw electricity by sub - meter and other utilities from the existing utilities on the Property or obtain, at its sole cost and expense, separate utility service from any utility company that will provide service tot he Property. Any easement necessary for such power or other utilities will be at a location reasonably acceptable to Lessor and the servicing utility company. Lessor represents that there is power and telephone utility services at the Premises. (c) Lessee shall have the right to install an emergency gasoline, butane, diesel or other fuel -powered generator(s) on the Premises, at Lessee's sole cost and expense, and Lessee covenants that such installation and use shall be in compliance with any applicable federal, state or local environmental, health, fire, community awareness, safety laws or other applicable laws or regulations, now or hereafter enacted or promulgated by any governmental authority or court ruling having jurisdiction over the Property, including, without limitation, any applicable guidelines promulgated by the Environmental Protection Agency, and Lessee agrees that it will reimburse Lessor for any increase in Lessor's insurance premiums directly attributable to any such installation or use by Lessee. (d) Lessee, Lessee's employees, agents and subcontractors may enter on or across the Land twenty-four (24) hours a day, seven (7) days a week, at no charge, to obtain entry into the Premises for the purpose of constructing, installing, operating, maintaining and repairing those parts of the Lessee Facilities as are ground -based. Such access shall be as shown on Exhibit B. Lessee shall not, without at least twenty-four (24) hours prior notice to Lessor, perform or arrange to be performed installation, maintenance or repair of the Lessee Facilities on the Tower. 8. Non -Interference. (a) At Lessor's request, Lessee shall perform an intermod and interference study at the Property and evaluate for interference with its operations of other existing wireless communications users at the Property. Lessee acknowledges that the disclosed uses and frequencies, as presently identified on Exhibit C annexed hereto, do not, if properly and lawfully operated, interfere with Lessee's use of the Property, and that Lessee's use of the Premises will not interfere with such disclosed uses and frequencies. (b) Lessee further agrees that if Lessee's Facilities cause any measurable adverse interference with the operations of existing wireless communications users at the Property, Lessee shall cause the elimination of such interference in a prompt and timely manner. If such measurable adverse interference by Lessee's Facilities with existing SITE NO: DA04AL142 Fire Station ❑PAGE ❑5❑ LESSOR: REV. DATE: 02/15/01—Alamosa5.doc LESSEE:"— communications equipment cannot be eliminated within a reasonable length of time, but not to exceed forty-eight (48) hours after notice thereof for material interference and thirty (30) days if otherwise measurably adverse, Lessee shall cause the interference to cease except for brief tests necessary for the elimination of the interference. (c) Following the initial installation of the Lessee Facilities, Lessee agrees not to install any equipment on the Tower or change, the frequency, power, or type of its existing equipment on the Tower without first submitting to Lessor a written proposal regarding the proposed configuration and obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this Paragraph, consent shall be deemed to be unreasonably withheld if (i) the proposed installation or changed, altered, or improved frequency, power or type of equipment is a use that does not require additional Tower space beyond the existing Tower space or impose any increased stresses or loads on the Tower in excess of applicable engineering standards; (ii) said installation or changed, altered, or improved frequency, power, or type of equipment is authorized by law and is to be made or installed in accordance with good engineering practices; and (iii) the proposed configuration does not interfere with the transmitters, receivers and equipment of other subtenants or licensees existing on the Tower or on the Property at the date when Lessor receives the aforementioned written proposal. (d) If any measurable adverse interference with the operations of Lessee's Facilities at the Property is caused by Lessor or anyone now or in the future holding a Property interest from or under Lessor due to improper or unlawful operation, or any subsequent change to or addition of equipment or improvements by Lessor or any such other wireless communications users at the Property, Lessor agrees reasonably to cause the elimination of same in a prompt and timely manner. If such measurable adverse interference with Lessee's Facilities by Lessor or other wireless communications users at the Property cannot be eliminated within a reasonable length of time, but not to exceed forty-eight (48) hours after notice thereof for material interference and thirty (30) days if otherwise measurably adverse, Lessor shall cause the interference to cease except for brief tests necessary for the elimination of the interference. If such interference is not eliminated to the reasonable satisfaction of Lessee within said time period, Lessee, in addition to all rights and remedies available to Lessee at law or in equity, may terminate this Agreement upon thirty (30) days prior written notice to Lessor, without further obligation hereunder. 9. Taxes. SITE NO: DA04AL142 Fire Station ❑PAGE 060 LESSOR: REV. DATE: 02/15/01 Alamosa5.doc LESSEE: C- Except as provided immediately below, Lessor shall pay all real property taxes it is obligated to pay under the Prime Lease. Lessee shall reimburse Lessor for any increases in real property taxes, which are assessed as a direct result of Lessee's improvements to the Land. As a condition of Lessee's obligation to pay such tax increases, Lessor shall provide to Lessee the documentation from the taxing authority, reasonably acceptable to Lessee, indicating that the increase is due to Lessee's improvements. 10. Default. (a) Either party shall be in default under this Agreement if the parry fails to perform any material duty or obligations under this Agreement and does not cure or remedy such failure to perform within thirty (30) days after receipt of written notice with respect thereto; provided, however, that if such failure to perform shall necessitate longer to cure than thirty (30) days, then such cure period shall be extended for such time as is reasonably necessary to cure such failure to perform, but only so long as such efforts to cure are commenced within fifteen (15) days after receipt of written notice from the other party and thereafter proceed diligently and in good faith. Notwithstanding the foregoing, in no event shall the time within which a party may cure a failure in the payment of money exceed a single, ten (10) day period, without extension. (b) Upon the occurrence of a default, the non -defaulting party may pursue any and all remedies available under applicable law and any one or more of the following remedies, separately or concurrently or in any combination, without further notice or demand whatsoever: (i) Termination of this Agreement by giving the defaulting party written notice of such termination, in which event this Agreement shall be terminated at the time designated in the notice; or (ii) The recovery from the defaulting party of all costs and expenses incurred by the non -defaulting party in enforcing its rights and remedies under this Agreement, including reasonable attorneys' fees and expenses. (c) The termination of this Agreement by reason of a party's default shall not relieve the defaulting party of any of its duties and obligations accrued under this Agreement prior to the effective date of such termination. (d) At the expiration or termination of this Agreement for any reason, Lessee SITE NO: DA04AL142 Fire Station ❑PAGE 070 LESSOR -- REV. DATE: 02/15/01—Alamossa5.doc LESSEE: ``'� shall surrender to Lessor the Premises, remove the Lessee Facilities, and shall restore the Premises to substantially the same condition existing on the Commencement Date, except for ordinary wear and tear. If Lessee fails to remove the Lessee Facilities as required hereunder, the Lessee Facilities shall be subject to disconnection, removal and storage by Lessor. In such event, Lessee shall pay to Lessor upon written demand therefor, the disconnection, removal and storage expenses incurred by or on behalf of Lessor. In the event the Lessee Facilities remain on the Premises following termination or expiration of this Agreement (even if it has been disconnected), Lessee shall pay to Lessor holdover rent equal to one hundred twenty-five percent (125%) of the then effective monthly rent, prorated from the date of termination to the date the Lessee Facilities are removed from the Premises by Lessee. 11. Termination. (a) Lessee may terminate this Agreement upon thirty (30) days prior written notice to Lessor if Lessee determines at any time after the Commencement Date that the Premises are not appropriate or suitable for its operations for technological reasons, provided that the right to terminate under this subsection I I (b)(i) shall be exercisable by Lessee only if Lessee pays to Lessor a termination fee equal to the lesser of three (3) monthly installments of the Annual Rent or the balance of the Annual Rent due for the remaining term of this Agreement; (b) Lessee shall have the right to immediately terminate this Agreement subsequent to the Commencement Date if any of the following occurs, by giving written notice to Lessor of such termination: (i) Any governmental or non -governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Lessee to install and operate Lessee Facilities cannot be obtained or renewed at an expense or within the time period acceptable to Lessee in its sole discretion; (ii) Any pre-existing communications facilities, or any communications facilities or other structures of any kind now or hereafter located on or in the vicinity of Lessor's Property, interfere with Lessee Facilities and Lessee is unable to correct such interference through reasonably feasible means; and (iii) Lessee Facilities are totally or partially destroyed by fire or other casualty at any time so as, in Lessee's sole discretion to hinder Lessee's operation and use of Lessee Facilities. (c) Either party may terminate this Agreement at any time subsequent to the Initial Term upon one (1) year prior written notice to the other party, without further obligation hereunder. SITE NO: DA04AL142 Fire Station ❑PAGE ❑8F] LESSOR: '/ REV. DATE: 02/15/01 Alamosa5.doc LESSEE: Q- 12. Condemnation. (a) If the whole or any substantial part of the Property shall be taken by any public authority under the power of eminent domain so as to materially interfere with Lessee's use and occupancy, then, at the option of Lessee, this Agreement shall terminate upon written notice to Lessor, or Lessee may so choose that the Agreement shall terminate as to the part of the Property so taken, and the Rent shall be reduced or abated in proportion to the actual reduction or abatement of use and/or operation of the Premises. Any Rent paid in advance shall be refunded to Lessee within thirty (30) days of Lessee's written demand. (b) In the event of any condemnation, whether whole or partial, Lessor and Lessee shall be entitled to receive and retain such separate award and portions of lump sum awards as may be allocated to their respective interests in any condemnation proceedings, or as may be otherwise agreed. Termination of this Agreement shall not affect the right of the parties to such awards. 13. Insurance. (a) Lessee shall carry during the term of this Agreement, at its own cost and expense, the following insurance: (i) "All Risk" property insurance which insures the insuring party's property for its full replacement cost; and (h) general liability of $1,000,000 with a combined limit for bodily injury and/or property damage for any one occurrence, and (iii) excess/umbrella coverage of $2,000,000. (b) Lessee shall name Lessor as an additional insured under its liability policy. A certificate of such insurance, together with such endorsement, shall be delivered to the additional insured within thirty (30) days from the execution of this Agreement and before the expiration of any term thereof from an insurance company authorized to do business in the state in which the Property is located. Lessee's insurance policy shall contain a waiver of subrogation against the other part and the Lessor. (c) Lessee shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Lessee shall maintain said coverage throughout the term of this Lease and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Lessee maintains said coverage. Any termination of workers' compensation insurance coverage by Contractor or any cancellation or non -renewal of workers' compensation insurance coverage for the Contractor shall be a material breach of this contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Lease. 14. Indemnity. Lessee agrees to compensate Lessor for damages and to indemnify and hold Lessor harmless from all claims (including reasonable attorneys' fees, costs and expenses of defending against such claims) incurred by Lessor and arising from the willful misconduct or negligent acts or omissions of Lessee or Lessee's agent, employees, engineers, contractors, subcontractors or invitees in or about the Premises or arising from Lessee's default pursuant to this Agreement. Except as otherwise specifically provided herein to the contrary, it is understood and agreed that all property kept, installed, stored, or maintained in or upon the Premises by Lessee shall be so installed, kept, stored, or maintained at Lessee's risk. Lessor shall not be responsible for any loss or damage to SITE NO: DA04AL142 Fire Station ! PAGE ! 9, LESSOR: ✓ REV. DATE: 02/15/01—Alamosa5.doc LESSEE: equipment owned by Lessee which might result from tornadoes, lightning, wind storms, hail, flying debris, or other acts of God; provided, however, that Lessor agrees to compensate Lessee for damages and to indemnify and hold Lessee harmless from all claims (including reasonable attorneys' fees, costs and expenses of defending against such claims) incurred by Lessee and arising from the willful misconduct or negligent acts or omissions of Lessor or Lessor's agents, employees, engineers, contractors, or subcontractors in or about the Premises or arising from Lessor's default pursuant to this Agreement. The indemnities described in this Paragraph shall survive termination of this Agreement. 15. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. Lessor represents, warrants and agrees (i) that neither Lessor, nor to Lessor's knowledge, any third party has used, generated, stored, or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in violation of any law or regulation, and (ii) that Lessor will not generate, store, or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this Paragraph. As used in this Paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Property is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This Paragraph shall survive the termination of this Agreement. 16. Assignment. The rights of the parties under this Agreement may not be assigned without the prior written consent of the other party, except that either party may assign its rights and delegate its duties hereunder to any individual or firm, corporation, partnership, association, trust or other entity which, whether directly or indirectly, controls, is controlled by, or is under common control with the subject party or to a person or entity that obtains control of the assigning party during the term of this Agreement. For the purposes of this Paragraph, the term "control" shall mean the ownership, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, or the power to veto major policy decisions of any such entity, whether through the ownership of voting securities, by contract or otherwise. In no event may Lessee sublet all or any part of its interest in the Premises. This Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and permitted assigns. SITE NO: DA04AL142 Fire Station ❑PAGE ❑ 1011 LESSOR: ✓ REV, DATE: 02/15/01—Alamosa5.doc LESSEE: 17. Warranty of Title and Quiet Enjoyment. Lessor warrants that (i) Lessor owns or leases the Land and owns and operates the Tower located thereon and has rights of access thereto; (ii) Lessor has full authority to enter into and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. 18. Maintenance and Repairs. (a) Lessee shall perform all repairs necessary or appropriate to keep Lessee Facilities on or about the Premises or located on any appurtenant rights -of -way or access to the Premises in good and tenantable condition. (b) Lessor, at Lessor's sole cost and expense, shall maintain the Property and its improvements thereto to the extent required to be maintained by Lessor pursuant to the Prime Lease, in good order and repair, wear and tear, damage by fire, the elements and other casualty excepted. Damage resulting from the acts or omissions of Lessee shall be repaired by Lessee, at Lessee's cost and expense unless otherwise provided herein. 19. Tower Markin1l and Lightins Requirements/AM Tower Compliance. (a) Lessor shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the Federal Communications Commission ("FCC") provided that if the requirement for compliance results from Lessee Facilities, Lessee shall pay for the reasonable costs and expenses therefor (including for any lighting automated alarm system). (b) If lighting requirements apply and a lighting automatic system has been installed by Lessor, Lessor shall allow Lessee to bridge -in to the system to permit a parallel alarm or to install a second alarm (to the extent permitted under the Prime Lease) if a bridge would interfere with Lessor's alarm. Notwithstanding anything to the contrary in this Paragraph 17(b), the responsibility for compliance with FAA and FCC requirements shall remain with Lessor as provided in Paragraph 17(a) above. (c) Lessor warrants that it is in compliance with notification and interference requirements and obligations in connection with disturbance of AM broadcast station antenna patterns contained in Part 22 of the release and regulations as promulgated by the Federal Communications Commission, being more particularly identified as 47 CFR §22.371. To the extent authorized by law, Lessor shall hold harmless and indemnify Lessee from and against any and all costs, expenses, liabilities, damages and fines in connection with Lessor's non-compliance of 47 CFR §22.371, inclusive of reasonable attorney's fees and costs of court. SITE NO: DA04AL 142 Fire Station ❑ PAGE ❑ 11 ❑ LESSOR: REV. DATE: 02/15/01—Alamosa5,doc LESSEE: 20. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding upon and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or recognized overnight courier to the address of the respective parties set forth below: Lessee: Alamosa Properties, L.P. Lessor: 5225 S. Loop 289, Suite 120 Lubbock, Texas 79424 Attn: Kelly Alderman, Leasing Administrator Copy to: Steven A. Portnoy Copy to: Attorney at Law 15851 North Dallas Parkway, Suite 500 Addison, Texas 75001-6030 Copy to: Citicorp USA, Inc. Copy to: Two Penns Way Suite 200 New Castle, Delaware 19720 Attn: Bilal Arnan City of Lubbock P.O.0. Box 2000 Lubbock, TX 79457 Ate. Mark Yearwood Attn: Attn: Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Texas. SITE NO: DA04AL 142 Fire Station ❑ PAGE ❑ 12 ❑ LESSOR: REV. DATE: 02/15/01—AIamosa5.doc LESSEE:y (f) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such approval or consent shall not be unreasonably conditioned, delayed, or withheld. (g) All Exhibits may be executed in duplicate counterparts, each of which shall be deemed an original. (h) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. (i) Each party agrees and hereby waives, any claim or consequential or incidental damages or lost profits as to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. * * * * * Signatures appear on next page. * * * * * SITE NO: DA04AL142 Fire Station 71PAGE C 13 ❑ LESSOR: REV. DATE: 02/15/01—Alamosa5.doc LESSEE: +� LESSOR: City of Lubbock, Texas By: Nai Title: Mayor Date: Attest: By: Name: Rebecca Garza Title:_ City Secretary Date: /.i ��� 5- Approved as to Content: By: Name: Mark Yearwood Title: Chief Information Officer Date: t �l�j Approved as to farm: By: c Name: John Knight Title: Contracts Attorney Date: SITE NO: DA04AL 142 Fire Station PAGE L 14 L REV. DATE: 02/15/01 Alamosa5.doc LESSEE: Alamosa Properties, L.P. a Tex Limited P rtners By: Title: Charles B. Sherwood DIF or OT bneev opment Date: aS LESSOR: v LESSEE: ,f� STATE OF COUNTY OF 44 r A- this day f Q 200.6, before me, personally appeared to me known to be the identical person who executed in the name of the maker thereof to the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed , in the capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. F ---FA -M-ir I Mxwe-" Notary Mylliq in and for the State of. Commission Expires 7_� ?c' STATE OF T�Xa-5 ) COUNTY OF L."b 0 ) On this 15 day of 2005, before me, personally appeared MA R, 1",� Ia a t-- , to me known to be the identical person who executed in the name of the maker thereof to the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed , in the capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. CELIA WEEBB ' SITE NO: DA04AL142 Fire Station ❑PAGE ❑ 14E REV. DATE: 02/15/01 Alamosa5.doc Notary Public in and for the State of 7ex©S _ Commission Expires: 03 -01- 06 LESSOR:_ V/ LESSEE: r.. EXHIBIT A Legal Description of Property PROPERTY DESCRIPTION PER PREVIOUSLY RECORDED LEGAL PARENT TRACT DESCRIPTION A 18.228 acre tract of land out of the Southeast 1/4 of Section 27, Block E-2, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which bears 960.00 feet North and 60.00 West of the Southeast corner of Section 27, Block E-2. Lubbock County, Texas: THENCE N 89 deg. 54' W a distance of 327.00 feet; THENCE North a distance of 220.00 feet; THENCE N 21 deg. 30' W a distance of 400.0O feet; THENCE N 42 deg, 43' 57" W a distance of 604,98 feet; THENCE N 64 deg. 00' W a distance of 156.74 feet; THENCE N 45 deg. 06' E a distance of 147.78 feet to a point of curvature to the right; THENCE Northeasterly around a curve to the right, said curve having a radius of 434.56 feet. a delta angle of 45 deg. 00', tangent lengths of 180.00 feet, a chord distance of 332.60 feet; THENCE S 89 deg. 54' E a distance of 612.82 feet; THENCE South along the west line of Slide Rood a distance of 1335.80 feet to the Place of BEGINNING. (WARRANTY DEED RECORDED IN VOLUME 1284, PAGE 434, OFFICU+L PUBLIC RECORDS- OF LU6600K COUNTY, TEXAS.) SITE NO: DA04AL142 Fire Station ❑ PAGE ❑ 15 ❑ LESSOR: '/ REV, DATE: 02/15/01—Alamosa5,doe LESSEE: C-- 4 11 Legal Description of Premises Illustration of Lessee Facilities LINE BEARiNa 01S7AhICE ._ L1 I S 01'1455 W 11.00 L2 N 8827 3B W 18.00 P.O.St 20.0' L3 N 01'1455 E 11.Oti "sy_ Aoc+es Eovvaw�t L4 1 S RE27 39 E 19.00 Lowe Site \ — - L4 1QO' .iccrv-�-�£wemant st CPad 11.0' If8F1� N \'d\_ L2 Eaeemr�� LR J"wemerrt I I Fx1rf. a . 32;52.52.Bd' - Ca Pad Sheller Cord Pad ' lee PROPOSED LEASE SITE 176.00 SQ. Fr. 0.004 ACRES I Sheller I , f � I r, . LEASE AREA DETAIL c SCALE: f'= 10' SURVEY OF A PROPOSED LEASE SITE IN A PART OF AN EXISTING 18.226 ACRE TRACT SITUATED IN SE/4 SECTION 27, BLOCK E-2, LUBBOCK COUNTY, TEXAS PROPOSED LEASE SITE DESCRIPTION A tract of land lying in and being part of a certain 1B.226 acre tract stuated in the SE/4 of Section 27, Block E-2, as described in Volume 1284. Page 434, Official Records of Lubbock County, Texoe; Said tract being more particularly described as follows: Commencing at a 3/8' Iron rod found for the Northeast comer of said 18.226 acre tract; Thence N 88'04'15' W on the North Una of said 15.228 acre tract, a distance of 213.20 feet to a paint on said North line; Thence S 01'35'45' W perpendicular to said North line, a distance of 1026.86 feet to the Northeast comer, said comer being the Point of Beginning; Thence S 01'14'55' W a distance of 11.00 feet to the Southeast tamer, Thence N 98727'39' W a distance of 16.00 feet to the Southwest corner, Thence N 01'14'55' E a distance of 11.00 feet to the Northwest corner, Thence S 8B'27'39' E a distance of 1B_00 feet to the Point of Beginning, containing 176.00 square feet or 0.004 acres, more or less. PROPOSED ACCESS EASEMENT DESCRIPTION A 20.00 foot wide easement for ingress and egress purposes crossing .a part of a certain 16.226 acre tract situated in the SE/4 of Section 27. Block E-2, as described in Volume 1284. Page 434, Official Records of Lubbock County, Texas; Said easement, being 10.00 feet on each side of the following described centerline: Commencing at a 3/8' iron rod found for the Northeast comer of said 18.226 acre tract; Thence N 88'04`15' W on the North line of said 18.226 acre tract, a distance of 229.14 feet to- a paint on said North line; Thence S 01'55'45' W perpendicular to said North line, o distance of 1031.68 feet to the Point of Beginning on the West line of the above described 0.004 acre lease site; Thence N 8645'05' W a distance of 24.07 feet to a point; Thence S 16'50'43' W o distance of 69.91 feet to a point; Thence S 02'52'22' W a distance of 208:30 feet to the point of termination on' the South line of the above described 18.226 acre parent tract. Side Ones of said easement to be shortened or extended such as to begin on the West line of the above described 0.004 acre lease site and terminate on the South line of the above described 18.226 acre Parent Tract PROPOSED UTILITY EASEMENT DESCRIPTION A 11.00 foot wide easement for utility purposes crossing a part of a certain 18.226 acre tract situated in the SE/4 of Section 27. Block E-2, as described in Volume 1284, Pogo 434, Official Records of Lubbock County, Texas; Said easement being 5.50 feet on such side of the following described centerline; Commencing at a 3/8' ban rod found for the Northeast comer of said 18.726 acre tract; Thence N 8504'15' W on the North One of said 18.226 acre tract. a distance of 213.20 feet to a point on said North line; Thence S 01'5545' W perpendicular to said North One, a distance of 1032..35 feet to the Point 'of Beginning on the East One of the above described 0.004 acre lease ske; Thence S 8910'15' E a distance of 214.95 fact to the point of termination on the West Right—of—way line of Slide Road. Side Ones of said easement to be shortened or extended such as to begin on the East One of the above described 0.004 acre lease ske and terminate an the West Right—of—way One of Slide Road. SITE NO: DA04AL142 Fire Station 2PAGE 0160 LESSOR: REV, DATE: 02/15/01—Alamosa5.doc LESSEE: EXHIBIT C Uses and Frequencies Uses: PCS "B" Band Transmit Frequency: 1950-1965 MHz Receive Frequency: 1870-1885 MHz MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Alamosa Properties, L.P. P.O. Box 64840 Lubbock, Texas 79464-4840 Attn: Kelly Alderman, Leasing Administrator Tel: (806) 722-2822 This Memorandum of Agreement is entered into on this hday of _ir�'� , 200 -- by and between The City of Lubbock, Texas, a Home Rule Municipal Corportaion, (hereinafter referred to as "Lessor") and Alamosa Properties, L.P. , with an office at P.O. Box 64840, Lubbock, Texas 79464-4840 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Agreement ("A eement') on the _ day of 200___, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for Five (5) years commencing not later than the date six (6) months from full execution of this Agreement or the start of construction, whichever first occurs ("Commencement Date"), and terminating on the fifth (5`") anniversary of the Commencement Date with Five (5) successive Five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the 4LC day of 20Q LESSOR: City of Lubboclfg Texas LESSEE: Alamosa Properties, L.P. By: By: CU (a Name: WIC 17 D a l Title: IA YOr Date: Name: —Charles R Shei 00d Title: Director of Site Development Date: SITE NO:DA04AL142 Fire Station LESSORl-�-- REV. DATE: 05i12/05-Alamosa6.doc 1 LESSEE: ACKNOWLEDGEMENTS STATE On m_____ 5 COUNTY OF �'A-� E - On thus / d f 200-5before me the undersigned Notary Public, personally appeare rA to me known to be the identical person who executed in the name of the maker thereof to the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, in the capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. Notary Public in And for the State of 2� Zrp Commission expires: STATE OF Kansas COUNTY OF Johnson On this 15 fk-- day of r, 2005 before me the undersigned Notary Public, personally appeared MARL -Do U&A 4 to me known to be the identical person who executed in the name of the maker thereof to the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, in the capacity and for the uses and purposes set forth therein. Given under my hand and seal the day and year first written above. 10 CELIA WEBB "0My 03-01-2008 No blic in And for the State of dT& g Q:3 Commission expires: 03 -01 -A" SITE NO:DA04AL142 Fire Station REV. DATE: 05/12/05-Alamosa6.doc LESSOR: _ 2 LESSEE: EXMBIT A Legal Description of Property PROPERTY DESCRIPTION PER PREVIOUSLY RECORDED LEGAL PARENT TRACT DESCRIPTION A 18226 acre tract of land out of the Southeast 1/4 of Section 27. Block E-2, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which bears 960.00 feet North and 60.00 West of the Southeast corner of Section 27, Block E-2, Lubbock County, Texas; THENCE N 89 deg, 544' W a distance of 327.00 feet; THENCE North a distance of 220.00 feet; THENCE N 21 deg. 30' W a distance of 400.00 feet; THENCE N 42 deg. 43' 57' W o distance of 604.98 feet; THENCE N 64 deg. 00' W a distance of 156.74 feet; THENCE N 45 deg. 06' E a distance of 147.78 feet to a Point of curvature to the right: THENCE Northeasterly around a curve to the right, said curve having a rodius of 434.55 feet, a delta angle of 45 deg. 00', tangent lengths of 180.00 feet. a chord distance of 332.50 feet; THENCE S 89 deg. 54' E a distance of 612.82 feet, THENCE South along the west line of Slide Road a distance of 1335.80 feet to the Place of BEGINNING. (WARRANTY DEED RECORDED 1N VOLUME 1284, PAGE 434, OFFICIAL PUBUC RECORDS- OF LUBBOCK COUNTY, TE)(AS.) J SITE NO:DA04AL142 Fire Station LESSOR - REV. DATE: 05/12/05 Alamosa6.doc 3 LESSEE: Legal Description of Premises Illustration -of Lessee Facilities LINE I BEARING I DlSIi�NCE 01' 14 55 w 11.00 L2 N 88'27 39 W 16.00 \ ACLa 2a0' u N 01'14 55 E I 11.00 ' bs_ Aa Fowment L4 1 5 ST27 39 E 1 15,00 — — l P.D.B. Site \ 211 ' Men ' L4 — nc_,, Easement . Ste ryry .J PadEawnwnt \y •'1i. L2 -L `\ J P_f1.r Fwemeat SheM�r ' Pad 1 Fxiff. Tow Cad Pod ' E 3252.M ' !ce �nL ' a, &Edge PROPOSED [.EASE SITE 176.00 sq. PI'. 0.004 ACRES ' 5hmlter LE4S£ AREA DETAIL ra SCALf.• lie 10' SURVEY OF A PROPOSED LEASE SITE IN A PART OF AN EXISTING 1 B.226 ACRE TRACT SITUATED IN SE/4 SECTION 27, BLOCK E-2, LUBBOCK COUNTY, TEXAS PROPOSED LEASE SITE DESCRIPTION A tract of land lying in and being part of a certain 18.226 acre tract situated in the SE/4 of Section 27. Block E-2, as described in Volume 1284, Page 434, Official Records of Lubbock County, Texas; Said tract being more particularly described as follows: Commencing at o 3/8' iron rod found for the Northeast comer of said 18.228 acre tract; Thence N 88'04'15' W on the North line of said 1&226 acre tract, a distance of 213.20 feet to a point on said North line; Thence S 01'55'45' W perpendicular to said North line, a distance of 102&86 feet to the Northeast comer, said comer being the Paint of Beginning; Thence S 01'14'55' W a distance of 11.00 feet to the Southeast comer, Thence N 88'27'39' W a distance of 16.130 feet to the Southwest comer, Thence N 01'14'55' E a distance of 11.00 feet to the Northwest corner, Thence 5 562739' E a distance of 18.00 feet to the Point of Beginning, containing 17&00 square feet or 0.004 acres, more or less. PROPOSED ACCESS EASEMENT DESCRIPTION A 20.00 foot wide easement for Ingress and egress purposes crossing a part of a certain 18.2.26 acre tract situated in the SE/4 of Section 27. Block E-2, as described in Volume 1284. Page 434. Official Records of Lubbock County, Texas; Said easement being 10.00 feet on each side of the following described centerline: Commencing at a 3/13' iron rod found for the Northeast comer of said 18.228 acre tract; Thence N 88'04'15' W on the North line of said 18.226 acre tract, a distance of 229.14 feet to• a point on said North line; Thence S 01'55'45' W perpendicular to said North line. a distance of 1031.68 feet to the Point of Beginning on the West Ina of the above described 0.004 acre lease site; Thence N 8945'05' W a distance of 24.07 feet to a point Thence S 16'50'43' W a distance of 69.91 feet to a point; Thence S 02'52'22' W a distance of 208.30 Test to the point of termination on the South line of the above described 18.226 acre parent tract Side Imes of said easement to be shortened or extended such as to begin on the West line of the above described 0.004 acre lease site and terminate on the South fine of the above described 18.226 acre Parent Tract PROPOSED UTILITY EASEMENT DESCRIPTION A 11.00 foot wide easement for utility purposes crossing a part of a certain 15,226 acre tract situated in the 5E/4 of Section 27. Black E-2, as described in Volume 1284, Page 434, Official Records of Lubbock County, Texas; Said easement being 5.50 feat on each side of the following described centerline: Commencing at a 3/8' Iran rod found for the Northeast corner of said 18.225 acre tract; Thence N 88'005' W on the North Me of said 18.226 acre tract, a distance of 213.20 feet to a point on said North line; Thence S 01'55'45' W perpendicular to maid North line, a distance of 1032.35 fact to the Point -of Beginning an the East Ina of the above described 0.004 acre lease vita; Thence S 88'10'15' E a distance of 214.95 feet to the point of termination on the West Right—of—way line of Slide Road. Side lines of said easement to be shortened or extended such as to begin on the East line of the above described 0.D04 acre lease site and terminate on thin Wast Right—of—way line of Slide Road. SITE NO:DA04AL142 Fire Station LESSOR: REV. DATE: 05/12/05—Alamosab.doc 4 LESSEE: ACDRDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD1YYYYJ 12 9 20D5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Roach, Howard, Smith and Hunter ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9330 LBJ Fwy, Sts.1500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dallas TX 75243 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (972) 231-1300 (972) 231-1368 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: St. Paul Fire & Marine Ins 24767 Alamosa Properties, LP INSURER B: Alamasa Holdings, Inc, P.O. Box 64840 INSURER C: Lubbock TX 79464-4840 INSURERD: INSURER E: CAVFIll THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR = TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONjJ& LIMITS GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Eaoccurence $ 500,000 A X COMMERCIAL GENERAL UABILITY CLAIMS MADE a OCCUR TEO9103598 10/1/2005 10/1/2006 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- LOC A AUTOMOBILE X LIABILITY ANY AUTO TE09103598 10/1/2005 10/1/2006 COMBINED SINGLE LIMIT (Eeaccident) $ 1,000,000 BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per ecddenl) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per ecddent) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A X OCCUR CLAIMS MADE TE09103598 10/l/2005 10/1/2006 AGGREGATE $ S S DEDUCTIBLE $ X RETENTION $ 10,000 A WORKERS COMPENSATION AND WVA9109430 10/1/2005 10/1/2006 X WCSTATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 500, OOD E.L. DISEASE - EA EMPLOYEE $ 500,000 OFFICERIMEMBER EXCLUDED? IF yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RSe Alamosa #DA04AL142. 5402 79th Street, Lubbock, TX. Where required by written contract or agreement, the City of Lubbock is named additional insured as respects General liability and provided a waiver of subrogation as respects General liability and Workers' Campaneation. CFRTIFICATF FIAT IIFR CAIVCFI I ATInlld SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Lubbock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Tina Irvine NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1625 13th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Room 204 REPRESENTATIVES. Lubbock TX 79401 AUTHORIZED REPRESENTATIVE C�E/l,6�J ACURD 25 (2UU1IUU) Page 1 of 1 © ACORD CORPORATION 1983