HomeMy WebLinkAboutResolution - 2012-R0149 - Lease Agreement - New Cingular Wireless PCS LLC - 04_20_2012Resolution No. 2012—RO149
April 20, 2012
Item No. .5.9
RESOLUTION
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
xecute for and on behalf of the City of Lubbock, a Lease Agreement by and between the
'ity of Lubbock and New Cingular Wireless PCS, LLC, a Delaware limited liability
ompany, and related documents. Said Agreement is attached hereto and incorporated in
its resolution as if fully set forth herein and shall be included in the minutes of the City
'ouncil.
by the City Council on April 10, 2012
• MARTIN, y , r
TTEST:
Garza, City Secretary
PROVED AS TO CONTENT:
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ifche11'S1f ceKvhite, Assrssiant City Attorney
PHRES.Lease Agrmt-New Cingular Wireless PCS
5,21.12
Resolution No. 201Z-RO149
STATE OF "TEXAS §
COUNTY OF LUBBOCK §
KNOW ALL MEN BY TIIESE PRESENTS:
LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease" or this "Agreement") entered into by the City
of Lubbock (referred to herein as City), a Home Rule Municipality of Lubbock County, Texas,
and New Cingular Wireless PCS, LLC, a Delaware limited liability company (referred to herein
as "Lessee")
WITNESSETH:
WHEREAS, City owns, controls and operates two parcels of land (collectively
hereinafter referred to as the "Land") and owns and operates a water 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 "Property"); and
WHEREAS, Lessee desires to lease a portion of the Property for the purpose of
providing telecommunication services within the City of Lubbock, Texas for a rive (5) year term,
and establish a rental amount for said lease.
NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms
and conditions, both general and special, as hereinafter set forth, City hereby grants to Lessee the
rights and privileges hereinafter described; Lessee agrees to accept the duties, responsibilities
and obligations as hereinafter set forth; and the parties hereto, for themselves, their successors
and assigns, agree as follows:
ARTICLE ONE
LEASE OF DESCRIBED PREMISES
City, upon mutual execution of this Agreement, does lease and demise to Lessee, upon
the terms and conditions contained herein, the following portion of Property (the "Leased
Premises")
Real property and space on a water tower situated thereon and located at
7306 Genoa Avenue, Lubbock, Texas. The property being more particularly
described and illustrated in Exhibit "A", which is attached hereto and made part
hereof for all purposes.
ARTICLE TWO
TERM
The tern of this Lease shall be for five (5) years and shall begin on the latter of the
signature dates below, and terminate on (5) years from the signature date of this document.
Upon written application of Lessee, delivered to the office of the Chief Water Utilities
Engineer of City 90 Days prior to the expiration of the initial term of this Lease, the City of
Lubbock may extend this Lease for up to three (3) subsequent five (5) year terms upon the same
terms and conditions contained herein, provided, however, that the annual rent shall increase on
the first day of the renewal term by twenty percent (20%) of the annualized annual rent in effect
immediately proceeding the increase. Any extension of this Lease granted pursuant to this
Article shall be in writing and signed by the Lessee and the City Of Lubbock.
ARTICLE THREE
USE OF PROPERTY
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Lease Agreement - City of Lubbock/New Cingular Wireless PC5, LLC
The Lessee is granted for the stated term and for no other purpose a non-exclusive
privilege of installing, maintaining, repairing, replacing, removing and operating radio and
related communications facilities, including utility lines, transmission lines, and equipment
shelter or cabinet, electronic equipment, radio transmitting and receiving antennas and
supporting structures in connection with the provision of telecommunications services
(hereinafter collectively referred to as "Lessee Facilities").
ARTICLE FOUR
RENTALS, RECORDS, AUDIT AND PLACE OF PAYMENT
A. RENTAL
The Lessee shall pay to the City as rental the total of Twenty Five Thousand and No/100
Dollars ($25,000.00) annually during the term of this Agreement that Lessee conducts business
operations on the Property. The said rental is payable in the amount of Two Thousand Eighty
Three and 33/100 Dollars ($2,083.33) for each month during the term thereof.
B. PAYMENT
All payments that become due and payable by the Lessee under this Agreement shall be
made to the City at the Office of the Managing Director Water Utilities, Lubbock, Texas. Lessee
shall pay City a late payment charge of five percent (5%) of the total amount of rentals payable if
payment of such rentals is not made when due.
ARTICLE FIVE
OBLIGATIONS OF THE CITY
A. CLEAR TITLE
The City covenants and agrees that upon execution of this Lease City is well seized of the
leased Property and has good title, free and clear of all liens and encumbrances having priority
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
over this Lease; and that the City has full right and authority to lease the Property described in
this Agreement.
B. CONDITIONS AND MAINTENANCE OF PROPERTY
The City shall assume responsibility for the condition of the leased Property and shall
assume responsibility For maintenance, upkeep or repairs necessary to keep the Property in a safe
and serviceable condition.
ARTICLE SIX
OBLIGATION OF LESSEE
A. LESSEE'S AUTHORITY
City warrants that it has full authority to enter into and perform this Agreement.
B. NET LEASE
This Lease shall be without cost to the City For the installation, maintenance and removal
of Lessee's Facilities. It shall be the sole responsibility of the Lessee to keep, maintain, repair
and operate the entirety of the demised Lessee Equipment, and all improvements and facilities
placed on the Leased Premises shall be at Lessee's sole cost and expense.
C. MAINTENANCE
The Lessee shall, at its own expense, provide maintenance for all its Lessee Facilities.
D. REMOVAL OF LESSEE'S PROPERTY AT REQUEST OF LESSOR
The Lessee upon request of City, shall, at its own expense, temporarily remove its
property from the Leased Premises when, in the sole discretion of city, such temporary removal
is necessary for repair/maintenance/painting of the Leased Premises by the City. In the event of
Owner's maintenance that would require Tenant to remove Equipment from the tower or
Tenant's facility is damaged in a manner that results in loss of service for forty (48) consecutive
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Lease Agreement - City of LubbockfNew Cingular Wireless PCS, LLC
hours. Owner hereby grants Tenant a portion of the Property upon which Tenant may
temporarily locate and operate in compliance with all applicable laws, rules and regulations
including, without limitation, all rules and regulations of the Federal Communications
Commission , a COW (Cell on Wheels) at a location which is mutually acceptable to Owner and
Tenant. Owner also hereby grants Tenant a non-exclusive easement for ingress, egress and
utilities over the real property; provided that all utility lines, etc. are removed with 48 hours of
Tenant's service restored to original facility and the Property is restored to a condition at least
equal to that as of the date hereof.
E. PROPERTY PERMANENTLY AFFIXED TO PROPERTY
Any property belonging to Lessee which becomes permanently attached to the Leased
Premises shall become the property of the City upon termination of this Agreement, whether
upon expiration of the initial term, any extension thereof, or earlier under any provision of this
Lease.
Title to Lessee Facilities shall remain with Lessee as same shall not be deemed fixtures
but rather personal property of Lessee. To the fullest extent permitted by law, City does hereby
waive any and all liens and security interest, in and to Lessee Facilities whether arising under
statute, common law, contract or otherwise, located in, upon or about the Property. Lessee or the
holders of purchase money security interests in and to Lessee Facilities shall be granted access to
the Property for removal at any time during the term or subsequent to the expiration of this Lease
Agreement for the removal of same without the need for recourse to legal proceedings.
F. UTILITIES
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
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Lease Agreement - City of LubbocklNew Cingular Wireless PCS, LLC
company that will provide service to the Property. Any casement necessary for such power or
other utilities will be at a location acceptable to City and the servicing utility company. Lessee
shall have the right to install an emergency gasoline, butane, diesel or other fuel -powered
generator(s) on the Property, at Lessee's sole costs and expense, and Lessee covenants that such
installation and use shall be in compliance with any applicable federal, state or local
environmental, health, tire, 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 City for any increase in City's insurance premiums directly attributable to any such
installation or use by Lessee. The Lessee shall assume and pay for all costs or charges for
metered utility services provided to Lessee during the initial term hereof, and any subsequent
extension.
Following the initial installation of the Lessee Facilities, Lessee agrees not to install any
equipment on the Property or change the frequency, power, or type of its existing equipment on
the Property without first submitting to City a written proposal regarding the proposed
configuration and obtaining the written consent of City, which consent shall not be unreasonably
withheld, delayed or conditioned if (i) the proposed installation or changed, altered, or improved
frequency, power or type of equipment is a use that does not require additional Property space
beyond the existing Property space or impose any increased stresses or loads on the Property 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
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
interfere with the transmitters, receivers and equipment of other subtenants or licensees existing
on the Property or on the Property at the date when City receives the aforementioned written
proposal.
G. CONSTRUCTION PROPERTY
None of the Lessee Facilities shall be installed on the "Power 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 City in writing and such plans and
list have been approved in writing by City, such approval not to be unreasonably withheld,
conditioned or delayed. 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 City's prior written approval of such grounding
plans. In the event any such plans are not approved or rejected within thirty (30) days of
submittal, same shall be deemed approved.
H. PERFORMANCE TESTS
At City's request, Lessee shall perform an intermodulation 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 do not, if properly and lawfully operated, interfere with Lessee's use of the Property,
and that Lessee's use of the Property will not interfere with such disclosed uses and frequencies.
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 communications equipment
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
cannot be eliminated within reasonable length of time, but not to exceed forty-eight (48) hours
after notice thereof of 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.
City shall not knowingly permit the installation or operation of other
improvements, inclusive of telecommunications equipment upon the Property which interferes
with the operation and use of Lessee Facilities. City shall cause any agreement for future use of
the Property by subsequent users to contain interference language substantially similar to that
contained in this Section G.
Lessee, Lessee's employees, agents and subcontractors are hereby granted the right of ingress
and egress to and from, on or across the Land twenty-four (24) hours a day, seven (7) days a
week, at no charge, to obtain entry into the Property 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 City, perform or arrange to be performed normally scheduled installation,
maintenance or repair of the Lessee Facilities on the Tower. Any emergency installation,
maintenance or repair of the Lessee Facilities on the Tower shall be performed only with prior
oral or written approval from City.
I. CODE COMPLIANCE
Lessee agrees that all Lessee Facilities constructed pursuant to the terms of this
Agreement shall be designed, constructed and maintained in compliance with the Buildings and
Buildings Regulations and Zoning ordinances of the City of Lubbock, Texas.
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
J. REPAIRS
Lessee shall perform all repairs necessary or appropriate to keep Lessee Facilities on or
about the Property or located on any appurtenant rights -of -way or access to the Property in good
and tenantable condition.
Damage resulting from the acts or omissions of Lessee shall be repaired by Lessee, at
Lessee's cost and expense unless otherwise provided herein.
K. GOVERNMENTAL REGULATION
Lessee shall be responsible for compliance with all marking and lighting requirements of
the Federal Aviation Administration ("FAA") and the Federal Communications Commission
("FCC"), Lessee shall pay for the reasonable costs and expenses therefor (including for any
lighting automated alarm system).
L. LIGHTING
If lighting requirements apply and a lighting automatic system has been installed by City,
City shall allow Lessee to bridge -in to the system to permit a parallel alarm or to install a second
alarm if a bridge would interfere with City's alarm. Notwithstanding anything to the contrary in
this Paragraph, the responsibility for compliance with FAA and FCC requirements shall remain
with Lessee as provided.
M. SURRENDER AND REMOVAL OF LESSEE'S FACILITIES
At the expiration or termination of this Agreement for any reason, Lessee shall surrender
to City the Property, remove the Lessee Facilities, and shall restore the Property to substantially
the same condition existing on the Commencement Date, except for ordinary wear and tear.
Lessee Facilities left on the Property after sixty (60) days from the expiration or termination of
the Agreement shall be deemed abandoned and shall be subject to disconnection, removal and
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
disposal by City. In such event, Lessee shall pay to City upon written demand therefore, the
disconnection, removal and storage expenses incurred by or on behalf of City. If the Lessee
Facilities are not claimed by Lessee within sixty (60) days following notice from City to Lessee
of its removal of such property shall be deemed abandoned and will become the property of the
City, City shall have the right to sell all or any portion of the Lessee Facilities without any
liability to Lessee to account for the proceeds of such sale, subject to prior and existing purchase
money security interests in and to Lessee Facilities. In the event the Lessee Facilities remain on
the Property following termination or expiration of this Agreement (even if it has been
disconnected), Lessee shall pay to City holdover rent equal to one hundred twenty -live percent
(125%) of the then effective monthly rent, prorated from the date of termination to the date the
Lessee Facilities are removed from the Property by Lessee.
N. PAYMENT OF TAXES, FEES
The Lessee shall pay all federal, state and local government taxes, license fees and
occupation taxes levied on either the Leased Premises or on the business conducted on the
Leased Premises or on any of Lessee's property used in connection therewith. The Lessee shall
render for taxation purposes all automobiles and other property used in connection with Lessee's
business operations, and all such property shall have its situs and domicile in Lubbock, Lubbock
County, Texas.
Taxation may be subject to legal protest in accordance with the provisions of the taxing
authority whose levy is questioned. Any protest is at the sole expense of Lessee. Delinquency in
payment of such obligations after any protest has been settled shall, at the option of the City, be
cause for immediate termination of this Lease.
O. REGULATIONS
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
The Lessee's officers, agents, employees and servants will obey all rules and regulations
which may be promulgated by the City or its authorized agents, or by other lawful authority, to
ensure the sate and orderly conduct of City's and Lessee's operations on the Leased Premises.
P. PROHIBITION OF SUBLEASES AND ASSIGNMENTS
Except as to parent, subsidiary or any affiliate, the Lessee will not directly or indirectly
assign, sublet, sell, hypothecate or otherwise transfer this lease or any portion of the leased
premises without the prior written consent of City's Managing Director Water Utilities, such
consent not to be unreasonably withheld, delayed or conditioned.
Q. INDEMNIFICATION AND INSURANCE
The City, its officers, agents and employees shall stand indemnified by the Lessee as
provided by this Agreement. The Lessee shall be deemed to be an independent contractor and
operator responsible to all parties for its respective acts and omissions, and the City shall in no
way be responsible therefor. In the exercise of the obligations and in the enjoyment of the
privileges granted by this Agreement, the Lessee shall indemnify and save harmless the City, its
elected officials, officers, agents and employees from any and all losses that result from any
fault or negligence on the part of the Lessee, its agents, employees or invitees, and shall
indemnify the City, its elected officials, officers, agents, and employees against any and all
claims, demands, suits, judgments and losses whatsoever, except to the extent such losses,
claims, demands or liability are attributable to or caused by the negligence or willful misconduct
of City, its elected officials, officers, agents and employees.
The Lessee shall maintain insurance at all times that this Lease is in effect, at Lessee's
sole expense and with an underwriter authorized to do business in the State of Texas and
It
Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
acceptable to the City, against claims of general liability, automobile liability and worker's
compensation resulting from Lessee's business activities on the Premises.
General Liability:
Lessee's insurance shall contain broad form contractual liability with a combined single
limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the
following:
• Bodily Injury and Property Damage
• Broad Form Contractual Liability
• Personal Injury and Advertising Injury
• Fire Legal Liability
• Products and completed operations
Business Automobile Liability:
Lessee's insurance shall contain a combined single limit of at least $500,000 per occurrence,
and include coverage for but not limited to the following:
• Bodily Injury and Property Damage
• Any and all vehicles owned, used or hired
Workers' Compensation and Employers Liability Insurance:
Lessee shall obtain workers' compensation coverage pursuant to Section 406.002 of the
Texas Labor Code. Further, Contractor 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
Contractor maintains said coverage. Any termination of workers' compensation insurance
coverage by Contractor or any cancellation or non -renewal of workers' compensation insurance
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
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.
Other Insurance Requirements:
Lessee agrees to waive its right of recovery against City of Lubbock for all claims and
suits against City of Lubbock, which are or may be covered by the above -described insurance
coverages. In addition, its insurers, through policy endorsement, waive their right of subrogation
against City of Lubbock for all claims and suits. The certificate of insurance must reflect waiver
of subrogation endorsement. Lessee further waives its right of recovery, and its insurers also
waive their right of subrogation against City of Lubbock for loss of its owned or leased property
or property under its care, custody, or control.
Lessee's insurance policies through policy endorsement must include wording, which
states that the policy shall be primary and non-contributory with respect to any insurance carried
by City of Lubbock. The certificate of insurance described below must reflect that the above
wording is included in evidenced policies.
All policies required above (excluding Workers' Compensation) shall include a
severability of interest endorsement and shall name the City of Lubbock as an additional insured
with respect to work performed under this Lease. Severability of interest naming City of
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Lease Agreement -City of Lubbock/New Cingular Wireless PCS, LLC
Lubbock as an additional insured shall be indicated on the certificate of insurance described
below.
Lessee shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required
insurance coverage. The Certificate will provide for 30 days" notice of cancellation. A copy of
the required endorsements and waivers of subrogation shall be included in the certificate.
ARTICLE SEVEN
TERMINATION, CANCELLATION
A. TERMINATION
This Lease shall terminate at the end of the full term hereof and Lessee shall have no
further right or interest in any of the Leased Premises or improvements hereby demised.
B. CANCELLATION
Either party shall be in default under this Agreement if the party 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.
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:
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
(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.
No termination hereof shall release Lessee from any liability or obligation hereunder,
whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior
to the date of termination or such later date when the improvements placed on the Leased
Premises by Lessee are removed and said Property are restored to its original condition as
hereinabove required.
It is agreed that failure to declare this Lease terminated upon default for any of the
reasons set forth above shall not be construed as a waiver of any of the City's rights hereunder or
otherwise bar or preclude City from declaring this Lease cancelled as a result of any subsequent
violation of any of the terms or conditions of this Lease.
Lessee shall have the right, within one hundred twenty (120) days from full execution of
this Lease Agreement, to terminate this Lease Agreement upon thirty (30) days prior written
notice to City, in the event Lessee is not satisfied with the results of title, environmental,
technological or engineering testing or if all required governmental approvals are not obtained
within such time period.
Lessee shall have the right to terminate this Lease Agreement at any time upon one (1)
year prior written notice to City without further obligation hereunder.
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
ARTICLE EIGHT
GENERAL
A. CLEANLINESS OF PREMISES
Lessee shall, at its sole expense, dispose of all trash, garbage, and other refuse resulting
from its business operations authorized by this Agreement.
B. RIGHT OF INSPECTION
The City reserves the right to conduct inspections of the Leased Premises at reasonable
times to ensure that fire and safety and other provisions contained in this Lease are being adhered
to by the Lessee.
C. TERMINATION OF LEASE, SURRENDER OF LEASED PREMISES AND
OWNERSHIP OF IMPROVEMENTS
The Lessee covenants and agrees that at the expiration of the initial term of this Lease, or
any extension which has been granted, or upon earlier termination as provided elsewhere in this
Agreement, Lessee will quit and surrender the Leased Premises in good state and condition,
reasonable wear and tear expected, and the City shall have the right to take possession of the
Leased Premises with or without process of law.
D. HEADINGS
The paragraph headings contained herein are for convenience in reference and are not
intended to define, extend or limit the scope of any provisions in this Agreement.
E. NOTICES
General. Whenever notice from Lessee to City or City to Lessee is required or permitted
by this Contract and no other method of notice is provided, such notice shall be given by (1) by a
nationally recognized overnight courier (in which case such notice shall be effective upon
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
delivery), or (3) by depositing the written notice in the United States mail, properly addressed to
the other party at the address provided in this article, registered or certified mail, return receipt
requested, in which case such notice shall be effective on the third business day aver such notice
is so deposited
X
Lessee's Address. Lessee's address and numbers for the purposes of notice are:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: TXU1079; Cell Site Name: 72"d St/Frankford Ave (TX)
Fixed Asset No: 10550277
12555 Cingular Way, Suite 1300
Alpharetta, Georgia 30004
With copy to:
New Cingular Wireless PCS, LLC
Attn: AT&T LegaI Department
Re: Cell Site #: TXU 1079; Cell Site Name: 72"d St/Frankford Ave (TX)
Fixed Asset No: 10550277
15 East Midland Avenue
Paramus, NJ 07652
City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: Chief Water Utilities Engineer
P.O. Box 2000
Lubbock, Texas 79457
Telephone: (806) 775-2343
Facsimile: (806) 775-3344
Change of Address. Either party may change its address or numbers for purposes of
notice by giving written notice to the other party, referring specifically to this Contract, and
setting forth such new address or numbers. The address or numbers shall become effective on
the 15d' day after such notice is effective.
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
F. ENTIRE AGREEMENT
This Lease constitutes the entire agreement between the City and Lessee, and shall be
binding upon and shall inure to the benefit of City and Lessee, their respective successors and
assigns, and any other written or parole agreement with the City is expressly waived by Lessee.
G. QUIET ENJOYMENT
City does hereby represent, covenant and warrant that Lessee, upon paying rent and
observing and performing all the terms, covenants and conditions on Lessee's part to be
observed and performed, shall peaceably and quietly enjoy the Property.
H. GOVERNANCE
This Lease Agreement shall be construed under and governed by and in accordance with
the laws of the State of Texas.
I. DISPUTES
The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this document, the former
shall control.
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Lease Agreement - City of Lubbock/New Cingular Wireless PCS, LLC
EXECUTED this loth day of April , 20i 1. 2012.
THE CITY OF LUBBOCK
TOM MARTIN, Mayor
ATTEST:
Q _S�
Rebe ca Garza, City Secretary 0
APPROVED AS TO CONTENT:
?APPROVED
n Turptn P. Chief Water Utilities Engineer
AS T94RM:
Lessee:
BY:
reg Hollo ay
Title: Area Manager-RE&C NTX Network Ops
- ' -)
Date: - - , '( -
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Lease Agreement - City of Lubboc1, New Cingular Wireless PCS, LLC
Resolution No. 2012-RO149
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EQUIPMENT SHELTER.-
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LESSEE SHALL HAVE THE MW TO INSTALL 9
ANTENNAS. 12 TMA'& 12 ONES COAX. & FIBER,
ROM POWER & RECABLES. THE C.L. SITE PLAN
ElEV PM OF LESSEES AWV#W IS 70' SCALE: 1._40I-OF
THIS STIE PLAN 15 FOR CWOK SCALE (FEET)
REPRESENTATIM OHL1'. ALL
DIMENSIONS ARE APPROXIMATE
0 40 SO 120 160
W
7
a
a
0
z
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N MN
6'47'
74TH ST.
M DRRPMG s 60PI OWU fW s nE SM PROPOW rc TIE MEN. Ir s PRONOW VWXY fOR 119E HY W W," AM Ifs 9PF An& RORMICIM7M OR ON OR M MONO MOAR THE P ORMTOR 00 "NW IR R is NR9 M W009 nE WIIf1EM Kft"SM OF TIE owns.
REVISIONS
bATE
AT&T SrfE WNE
72NO ST. /
miler S
F"•P
Q9ED w WAY
avIV12
FRANKFORD AVE.
AT&T SITE NUA"9ER
at&t�
tom, N. CdnBt.flM12S
TX1079
C; LMD
Otls E PVRP+r
F WINE
E of iHTERIN
FOR THE PDFR
Clrc annocg¢
RLl>m
T
REVE rwe wn+aam
_
(ons. :
EPs�F5501
ROOER
OF ENSE P RPAFIOFO. P E.
7306 GENOA AVENUE
UCENT A ✓•i21". R IS NOT
10 k I) FOR
TWDI VALLEY NEA' EAli
t,. 25
5501 lfil Freeway.5te. Y25
LB) Fr
C
LUBBOCK, TX 79424
FARLIERS BRANCH. TX 75234
D.lI , fexas 75240
PERW[T PURPOSE
(9,21 239 5495
fc
BA
EPB
wn
OZ�i� 12
EXHIBIT "A"
4
Resolution No. 2012-RO149
Exhibit "B"
UMTS "E" Block (TX)1885 — 1890 mhz (RX) 1965 - 1970 mhz
1900 GSM "F" Block (TX 1890 — 1895 mhz (RX) 1970 — 1975 mhz
850 GSM A & B Blocks (TX) 824 -850 mhz (RX) 868 — 895 mhz
LTE (Lower Block) (TX) 746 - 763 mhz (RX) 776 - 793 mhz
AT&T Site Name: 72"d St. / Frankford Ave.
AT&T Site Number: TX 1079