HomeMy WebLinkAboutResolution - 2012-R0364 - Lease Agreement - WWC Texas RSA LP - 09/27/2012Resolution No. 2012-80364
September 27, 2012
Item No. 5.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
11
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Lease Agreement between the City of
Lubbock and WW C Texas RSA Limited Partnership, dba Verizon Wireless, and related
documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this
September 27, 2012
ATTEST:
31C
Rebece Garza, City Secretary
APPROVED AS TO CONTENT:
i% 1 10 0— a, 9 9- JQ 4
Marsha Reed, P.E., Chief Operations Officer
Res -Lease Agrmnt-Verizon Wireless
8.20.12
Resolution NO. 2012-RO364
STATE OF TEXAS §
COUNTY OF LUBBOCK
LEASE AGREEMENT
Quaker Avenue
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 WWC Texas
RSA Limited Partnership d/b/a Verizon Wireless (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's 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 five (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 3412
1
Quaker Avenue
501' Street, Lubbock, Texas. The property being more particularly described and
illustrated in Exhibit "A", which is attached hereto and made park hereof for all
ARTICLE TWO
TERM
The term 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
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").
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Quaker Avenue
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
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.
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Quaker Avenue
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 CITY
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/mamtenance/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-eight (48) consecutive 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 within 48 hours of Tenant's
service restored to the original facility and the Property is restored to a condition at least equal to that as of
the date hereof.
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Quaker Avenue
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.
E UTILITIES
Lessee shall draw electricity by submeter 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 to the Property. Any easement 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, 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
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Quaker Avenue
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 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 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 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.
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Quaker Avenue
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 , as presently
identified on Exhibit B annexed hereto, 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 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 H.
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 'W'. Lessee shall not, without at least twenty-four (24) hours prior notice to City,
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Quaker Avenue
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.
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.
Quaker Avenue
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 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 -five
percent (125%) of the then effective monthly rent, prorated from the bate 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
Quaker Avenue
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.
4. REGULATIONS
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 safe
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 Iease 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.
V]
Quaker Avenue
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
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 on Premises rented to the insured
Business Automobile Liabili :
The City of Lubbock shall be named as additional insurance on Auto and General Liability on a
primary and non-contributory basis, to included products of completed operations endorsements or
provisions.
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, Lessee shall maintain said coverage throughout the term of this Lease and shall
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Quaker Avenue
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 Lessee or any cancellation
or non -renewal of workers' compensation insurance coverage for the Lessee shall be a material breach
of this contract. The Lessee 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 Lubbock as an
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Quaker Avenue
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 34 days' notice of cancellation. A copy of the
additional insured status, primary language and waivers of subrogation shall be included on 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 (34) 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 fi urther notice or demand whatsoever:
n Termination of this Agreement by giving the defaulting party written notice of
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Quaker Avenue
such termination, in which event this Agreement shall be terminated at the time designated in the notice; or
(ni) 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.
ARTICLE EIGHT
GENERAL
A. CLEANLINESS OF PREMISES
Lessee shall, at its sole expense, dispose of all trash, garbage, and other refuse resulting from
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Quaker Avenue
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 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 after such notice is so deposited.
Lessee's Address. Lessee's address and numbers for the purposes of notice are:
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Quaker Avenue
WWC Texas RSA Limited Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
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 15th day after such notice is effective.
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. ARBITRATION
The .City reserves the right to exercise any right or remedy available to it by law, contract,
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Quaker Avenue
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.
EXECUTEDthis 27th day of September , 2012.
THE CITY OF LUBBOCK
BY:
GW6 RO TSON, Mayor
Date: r 2 q —
ATTEST:
P4s�� , "�-'
Rebt9ca Garza, City Secretary
APPROVED AS TO CONTENT:
Turpin P.E., MiefXaier Utilities Engineer
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17
LESSEE:
WWC TEXAS RSA LIMITED
PARTNERSHIP d/b/a VERIZON
WIRELESS
By: Allteln uric% f j+i�, LLC
Its: Gcner P er �/� 1`
MM
F. Leutenegger
Area Vi e P ident Network
Date:
Lessee shall have the right to install 12
antennas, 6 diplexers, 6 triplexers and 18 lines
of coaxial cables on the tourer and a 5' x 10'
generator pad and generator on either side of
Lessee's Lease- Area shown below. The
centerline elevation of Lessee's antennas is 75'.
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Quaker Avenue
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Site address: 3412 50`h Street
Lubbock, Texas 79413
EXHIBIT B
CDMA
850 MHz
PCS
1900MHz
LTE
700 MHz
Exhibit B
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Quaker Avenue
Exhibit B