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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: Y = AS TO cer 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 2 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 3 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 4 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 5 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 6 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 7 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. 8 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 9 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 10 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 12 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 13 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: 14 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. 15 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 16 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. 17 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. 18 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: - - , '( - 18 Lease Agreement - City of Lubboc1, New Cingular Wireless PCS, LLC Resolution No. 2012-RO149 EXHIBIT "A" I •� R— f� •— i� f— y— f— •— •— r— y-- •— f— x— x— y R— a— a— R F • R— i— l— R— i— • (E) WOOD FENCE AROUND COMPOUND (E) POWER POLE WITH TRANSFORMER I AND OVERHEAD TELCO -R Y -• • y F--�• R Y -• -y t --y N I I 6 (E) SPRINT PLATFORM WITH EQUIPMENT CABINETS I Elm 0 (E) SPRINT CABLE BRIDGE ° (N) AT&T ANTENNAS. (M. 9, 3 PER SECTOR.) ON (N) T-ARM MOUNTS ON TOWER LEGS. I O (E) 129` WATER TANK N l (E) CONCRETE ACCESS DRIVE v (N) U/G CONDUITS FOR COAX } ROUTE TO TOWER LEGS e � ' OVER FLOW VAULT 15' X 20' AT&T LEASE AREA (N) 11'-5' X 20'-0' AT&T EQUIPMENT SHELTER.- *,,�•_._i_R-f_•_R_R_•_f_R_f_a--vy_•_•_>� , � •_•_a_R�•_._F 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 c� 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