HomeMy WebLinkAboutResolution No. 2015-092CITY OF THE COLONY. TEXAS
RESOLUTION NO. 2PIS-D�_2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A COMMUNICATION FACILITY LICENSE
AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND T -MOBILE WEST, L.L.C. POR USE OF CITY
PROPERTY LOCATED AT SB33 CLOVER VALLEY;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OFTHE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, hereby approves
a Communication Facility Lianu Agra mint by and between the City of The Colony
and T -Mobile West, GLC., for we of city property located 5033 Clover Valley for any
activity in connection with the provision of telemmmunication services, with the terns
and conditions as stated therein.
Section 3. That a true and cotta copy of the Agreement is attached bereto and
incorporated herein with "Exhibit A "Exhibit B", mil "Exhibit C".
Section 3. That the City Manager is authorized to execute a Communication
Facility Limse Ageemmt with T -Mobile West, L.L.C. for uu of city property located
at 5033 Clover Valley. The tetra of this agreement shell be five (5) years commencing
May 1, 2016 end tetnuating on the fiM aonimsey, of the mmmercement date unless
otherwise tcxvdwted as provided herein.
Section 4. Then within 15 days of the commmccmmt date and an the first day of
each month thereafter, Licenses shall pay to Licensor w rent in the amount of Thea
Thousand Fav Hundred Dollars ($3,400.) per momh. Rem for any fractional month at
the beginning or at the end of the tam in renewal term shall be praHed. Rest and
ass fm shall W increased at the m ornmeement clench renewal term by an amaat
to fiflem percan (150%) ofthe rent in effect Scathe previous Iron in renewal term.
PASSED AND APPROVED by the City Comeal of the City of The Colony,
Texts, this 11 day of December, 2015.
igermccaw, Mayor
'ty of The Colony, Tex"
Ch d.dcWfl µi CM Citys«+aur 1 S AI, r
MMOVMASMM M:
TEXA+
J Mo Ana
STATE OF TERAS 4 COMMUNICATION
$ FACILITY LICENSE
COUNTY OF DENTON Il AGREEMENT
This Liceve Agreement ("Agreement-) is entered into thisedayof Z -CC .her
2015, between T -Mobile West LLC. a Delaware limited liability company, fT:caaee"). and
City of The Colony, Texas, a Texas home-mle municipality ("Licensee ), acting by and through
their seal orizW repesmmtives.
For goad and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Prentinee. Licensor is the owner of a parcel of land (the "Land") and the Water Tower
(the "Water Towne') located at 5033 Clover Valley and as located within the City of The
Colony, County of Denton, State of Texas, 75056 (the Water Tower and land are collectively,
the "Pmpetty'). The land is more particularly described in Exhibit "A" attached hereto.
licensor hereby Licenses to Licensee, and Licensee Licenses from Licensor, space on the Water
Tower and aft ficenses for access and utilities, ifany, (collectively. the "Promises").
2. Va. The Promises may be used by Licensee for any activity in connection with the
provision of telecommunication services. Licensor agrees to ccopmte with Licensee.w
Licensee's expense, in making application for and obtaining all licenses, permits and my and all
other necessary approvals that may be required for Licensee's intended use of the Premises.
Licensor and License acknowledge that Licensee is currently leasing the Premises under a
Communication Facility Lease Agreement dated February 5, 1001 (Ne "Prior Agreement').
Upon the Commencement Daze, this Agreement shall supersede and replace the Prior Agreement
which is hereby made void and shill have no further effect as of the Effective Date. My
payments made under the Prior Agreement exceeding the amount due and owing shall be applied
as a credit to this Agreement.
3. Tats and Coastrudbn. Licensee shall have the right at any time following the last date
of execution of this Agreement by all parties to enter upon the Property for the purpose Of
making appropriate engineering surveys, in pections, and other reasonably necessary tests. Prior
to the concoction of Licensee's Facilities (herein defined), Lkcasce shall submit all plans and
specifications related to the placement of Licensee's facilities on the Water Tower to Licensor
for approval. Licensor reserves the right to disapprove Licensee's method of attachment a
Facilities to the Water Tower. Upon Licensee's request, Licensor agrees to povide to Licensor
capies of all plans, specifications, surveys and Water Tower maps or site plans for the Premises
and Water Tower. The Water Tower map or site plan shall include the elevation of all antennas
on the Water Tower and the frequencies upon which each operates. Licensor has approved Ne
existing facilities a shown an Exhibit E.
0. vet,. The term of this Agreement shall be five (5) years commencing May 1, 2016
('Commencement Date) and terminating on the find (5's) anniversary of the COmmencemmt
Dao (the 'Tenn") unless otherwise terminated as provided herein. This Agreement will
automatically renew for few (4) additional five (5) year normal (each five (5) year term shall be
defined u the "Extension Tomo), upon the some temu and conditions uness the Licence or
Licensor notifies the other patty in writing of its intention not to renew this Agreement in least
sixty (60) days prior to to expiration of the existing Term.
5. $lgL
(a) Within fifteen (15) days of the Commencement Date and on the fust day of each
month lhmeafter, Licensee shall pay to Licensor as rent Three Thousand Four Handed Dollars
($3,400.00) per month ("Rent"). Rent for any mermaid month at the beginning or at the end of
the Teem or Renewal Term shall be prenatal. Rent shall he payable to Licensor at City of The
Ccloay, 6600 Main St., The Colony, Texas 75056, Atm: Finance Director.
(b) Rent and Access Fees shall he mormand at the commneement of each Resonant
q'crm by an amount equal to fifteen percent (15%) of the Rem in effect for the previous Teem or
Renewal Term.
6. Facilities: Utilitlas, Aceess.
(a) Licensee has the right to erect, mmansn and operate on the Premises
communications facilities, including without limitation utility lines, transmission lines,
equipment sheltef(s), electronic equipment, transmitting and receiving sntennas and supporting
equipment and structures thereto C'Licensee Facilities"), which facilities no depicted in the
schematic or diagrams shown on Exhibit "B" which exhibit is mtached hereto and is, by this
reference, incorporated herein as if fully set out. ht connection therewith, Licensee has the right
to do all work necessary to prepare. maintain said alter the Premises for Licemee's business
operations and to instaR transmission lines connecting the antennas to the consumers cad
receivers. ficevx brother has the right but not the obligation to add, modify and/or replace
equipment in order to be is compliance with any current or future federal, state or local
mandated application, including, but not limited to, emergency 911 communication services, at
no additional cost to I,icerem. Licensee has the right to iastall and operate transmission cables
from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the
equipment shelter orcabinet and communication lines from the main entry point to the
equipment shelter or cabinet. Licensee has the right to modify, supplement, replace, upgrade,
and/or expand the equipment at any time during the term of this Agreement. All of Licensee's
concoction and installation work shall he performed at Licensee's sole cost and expense and in
a good and workmanlike manner. Tide to the Licensee Facilities shall be held by licensee. All
of Licence Facilities shall remain Licensee's personal property and are trot fixtureslicensee
has the right to remove all Licensee Facilities at its sole expense any time before, m within sixty
(W) days after the expiration or earlier termination of the Agreement; provided Licensee repirs
any damage to the Premises caused by such removal. Licensee shall nm damage, injure or impair
any facilities or equipment on the Water Tower and Premises in the erection, installation,
construction or maintenance of Licensee's facilities and shall indemnify, hold hamNeas and
defend Licensor from my and all loss, damage or injury caused in whole or in pan by L ensmi
or its agents, reprcsenwives or employees in this regard.
(b) Uccasor waves arty lien rights it may have concerning the Licensee Facilities, all
of which ate deemed Licensee's persona property and not fixtures, and License has the right to
remove the same 9 m time without licensor's consent.
(c) licensee aquas to chain wino me utility service from any utility company that
will provide service in the Property (including a standby power for Licensee's exclusive use).
Licensor agrees to sign such documents or easements as may be required by said utility
companies to provide such service to the Premises, including the grant m licensee or to W;
servicing utility company, of an easement in, over across or through the Land in may be
reasonably required by such servicing utility company to provide uWitY services as provided
herein.
(d) Utterance. Licensee's employes, agents, subcontramors, lenders and invites shall
have access without prior notice to Ucemor twenty-four (24) hours a day, seven (T) days a week,
to the property depicted in Exhibit B as Licensee's Equipment Shelter. Access will Im eontroBed
through a gate that License will have access to.
(e) Access to any other potion of the property where access is controlled by the ❑ty,
Including the minor of the Water Tower property or to the top of the Water Tower shall be
accomplished only with the presence of the licensor's Utility Director of his or bar
representative. Licensee agrees to reimburse Wcensor for the city exon at a ma of W.W per
hour during named business hours and $75M per hour after SAB p.m. M -F and on wakends
and holidays ("Access Fees"). Licensor will be responsible for billing License for all charges in
a timely mamer. oWy qualified and adequately insured employees, egems, contractors air
persons under License's direct supervision will he pettited to climb the Tower and to install,
maintain, or remove Licenace's antenna and/or equipment from the Tower. Licensor retains the
right to permit its own employees and agents and employees and agents of the subsequent users
of the Tower to climb the Tower for the purpose of report and maintenance or for any other
purposes that do not iamrfere with Licensee's use of the Tower.
(f) Licensor said maintain existing access roadways fium the aarest public roadway
to the Premises in a manner sufficient to allow pedestrian and vehicular aceess m all times under
normal weather conditions. Licensor shall be responsible for maintaining and repairing such
roadway, at its sole expense, except for any damage caused by Wcensce's use of such roadways.
(g) The licensor reserves the right to perform maintenance on the Water Tower.
hold structural and cosmetic (paint). at whatever intervals as may be required to assure the
integrity and longevity of the facility. V maintenance work is required. Licensor agrees to
provide Licensee with reasonable notice of not less then ninety (W) days prior to commencing
such work to allow Licensee to remove any and all of Licensee's emetines as may be necessary
provided Licensor makes best efforts to provide Hansa with sufficient notification of the
Intended work and the opportunity, at Licrosee's cost and expense, to rempomtily relocate and
continue to operate its arternas, or Otherwise to secure the antenna or the comma icmion
fathififies generally, to protect them from damage and allow Licensee to continue to Operate.
Licensee will be permitted to install any type of tempdary, facility naessay on keep its
COmmuniutim Facility operational, including permuting Licensee to'vutall a cell on wheels
(COR) on the property. Furter, any maintenance will be conducted by Licensor as diligently
and expeditiously as possible. However, subject to the above, Licensor will not be responsible
for syerem outages of up to thirty (30) days resulting from Licensor's need for unusually
extensive maintenance and any inability of Licensor to acmmmoalete a television of Lissom« s
antennas to keep them operational.
7. Inarferen
(a) Licensee sball operate the Licensee Facilities In a manner that will not cause
interference to Licensor and other Licensees Or licensee of the Premise provided such
equipment is properly installed and lawfully operated, and predates the installation Of the
Licensee Facilities. All operations by Licensee shall be in compliance with all frdeml
Communications Commission ("FCC") requirements.
(b) Licensee shut] net cause electrical interference to the Licensor or to any Other
Utterance who is using the permits ed the time of Licence's installation Or Operation of its
Facilities. Should such interference occur, Licensee will, after notice from fianmr. take all steps
rcmsary to correct such interference and, if such interference canna be carmtN, Licensee will
thease its operations from the sire, and this Agreement shall be terminated. the Licensor will net
grant a 6icenc to any other party for the use of the Wcensor's property without including in that
License a provision stating that the party's use will not in any way adversely affect or interfere with
the Licensee's signal operation Of its comenurrication system. Furthermore, the Lieeraau shall have
the right to terminate this Agreement upon thirty (30) days rwtice to the licensa if mother usa Of
the facilities causes significant interference with licensee's operatives, and such wwfemrce is use
emectM within thirty (30) days following the notice. Licensee shall have Ne sole burden Of, and be
responsible for all costs a s iated with, alleging and proving that another rima of the Premises is
causing significant interference, or for Otherwise enforcing Licensee's rights under this Agreement.
In the event any such interference does not cease within the aforementioned cure period then the
parties acknowledge that Licensee will suffer irreparable wjury, and therefore. Licence will
have the right, in addition to any other rights that it may have at law or in equity, for Ltcens ar's
breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement
upon notice to Licensor.'13te Licenwr shall nm he responsible for the costs associated with Ne
resolution of any dispute between users of the Premises, Or enforcement of any of License's rights
under this Agreement.
& Taxes Licence shall be responsible for ural pay any lawful toes directly attributable to
the Licence Facilities or Licensee's use of the Property.
9. P itkan of Sim Licensee accepts the Premises as is, in its current condition, and that
Licensor makes no representations orwarranties, and hereby disclaims any and all such
represmations or warranties, express or implied, of any kind or name. with regard to the facilities
and the Premises, except as stared in Secdm 16. The Licenwr shall maintain the Premises in
compliance with all applicable stamens, regulations and roles, and in a mamer which will rim
interfere with Licenses's reasonable use of the site. Upon expiration, cancellation, or teminmim of
this Agreement, the licenser shall remove its equipment, antenna system and structures from the
premises at Licensee's sole cost and expense. However, upon vacation of this site, Licensee shall
sumndm the Premises in substantially the same condition as received, except for ordinary wear and
tear, as reasonably determined by the Liunsm, If, as determined by the Licemor, the Premises are
not summai m in reasonably satisfactory condition, the Limusse shall be liable to the Licensor for
an amount representing the actual cost to restore the Premises to suMtmdally the same condition as
received. Should licerissee fail to mmove the equipment, anmma system and structures, Licensor
may, upon tluny (30) days' notice by Licensor to Uanox, remove and store such egvipmern,
antema systems and mmmures. In the event that Liccrum shall not effect such timely removal, and
provided at least sixty (60) days have elapsed since the original written notice m Licensee, the
equipment, mtenna system and swttmes shall he domed abandoned and licensor may remove
and dispose of such equipment amount system and structures.
Any permanent improvements or furores installed on the Premises by Licensee shall become the
property of the Licensor upon the expiration of this Agreement.
10. Temb u0on. This Agreement may be terminated without further liability on thirty (30)
days prior written notice as follows: (i) by either party upon a default of my covenant or term
hereof by the other prey. which default is not cured within sixty (60) days of receipt of written
nonce of default, provided that the grace period for my moncmry default is twenty (20) business
days from maim of notice; (it) by Licensee for any reason or for no reason, provided Ucensce
delivers written notice of early termination to Licensor no later thm thirty (30) days prim to the
Commencement Date: (iii) by Licensee if it does not obtain or maintain my license, permit or
other approval necessary for the construction and operation of Licensee Facilities; (iv) by
Licensee if Licensee is unable to occupy and utilize the Premises due to an actim of the PLC,
including without lim ustion, a take back of channels or change in frequencies: (v) by Licenses if
Wcensee determines that the Promises are net appropriate for its operations fee eomomic or
technological masons, including, without limitation. signal interference: or (vi) by llcemor in the
event of an overriding public need or a determination of the governing body of Licensor that such
termination is necessary to preserve the public health, safety or welfare, as determined by ted
licensor in its reasonable discretion, by written retia, delivered not less thou ministry (90) days prim
ro amination of the 0mn current tem.
11. Destmetkin or Condemnation. If the premises or licensee Facilities are materially
damaged, abandoned, removed, destroyed, condemned or transferred in lieu of condemnation,
Licensor or Licence may elect to temunate Ws Agteertmnt as of the date of the damage,
destruction, condemnation or transfer in lieu of condemnation by giving notice to the other party
no more than forty-five (45) days following thc date of such damage, destmcuon, condemnation
or transfer in Jim of condemnation. If Licensor undertakes to rebuild the Water Tower, Lieensor
agrees to use its reasonable efforts to permit Liansec to place temporary transmission and
reception facilities on the Property at no additional Rent until such time as Licensee is able m
secure a replacement mummission location or the reconstruction of Licensees Facilities is
completed.
11 Insurance. Licensee, at Licensee's sole cast and expense, shun procure and mammin an
the Preomes and on the Licensee Fats ifies, a mmmercial general lability insurance policy
including bodily injury and property damage insurance with a combined single limit of at knot
One Million and 00/100 Dollars (SI,OOOj)D().00) put acmrence. Such insurance shall insure, of
an Occumnce basis, against liability of Licensee, its employees and agents arising out of or in
connection with Licensee's use of the practices, at as provided for herein. Licensor shall be
named as an additional insured an Licensee's policy. Licensee shall provide to the Licensor a
certificate of insurance evidencing the ceverap within thirty (30) days of the CwnrrnermatrlCN
Date.
13. Asienment and Subletting. Licensee may not assign, or otherwise transfer all of any
pan of its interest in this Agreement or in the Premises without the prior written consent of
Licensor; provided, however, that Licenser may assign its interest to its parent company, any
subsidiary or affiliate of it or its parent company an to any susxcsmr-in-interest or entity
acquiring fifty-one percent (51%) or more of its stock N assets, subject to any financing entity's
interest, if any, in this Agreement m sea forth in Paragraph 6(b) above. Upon assignment
Licensee shall be relieved of all future performance, liabilities, and obligations under this
Agreement, provided that the assigns= es all of Licensee's obligations herein. LlernrN
may assign this Agreement, which assignment may he evidenced by written notice to Licensee
within a reasonable period of time thereafter, provided that the assignee assumes ell of
Licenser's obligations berm, including but not limited to, those set fourth in Pmagaph 6(b)
("Waiver of Licensee's Lane) above. This Agreement shall ran with the land and shall be
binding upon and inure to the benefit of the parries, their respective succesmrs, personal
representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this
Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without
notice or consent its interest in this Agreement to any financing entity, or spot on behalf of my
fmsacivg entity to whom licensee (i) has obligations for borrowed motet' an m aspect of
parmties thermf, (n) has obligations evidenced by bonds, debentures, notes or similar
instruments, or (iii) has obligations under or wit respect o letters of credit, backers acceptances
and similar facilities or in respect of guaranties thereof.
10. Warranty of Title and OuIN Enjoyment. Licensor warrants that: (i) Licensor owns
the Pmpeny in fee simple and her rights of access thereto and the property is free and clear of all
liens, encumbrances and restrictions: (it) Licensor has fall right to make and perform this
Agreement; and (iii) Licensor covenants and agrees with Licensee that upon Licensee paying the
Rent and observing and performing all the teas, covenants and conditions on licensee's part m
be observed and performed, Licensee may peacefully and quietly enjoy the Premises.
15. Repairs. License shall not be required to make my repairs to the Premises Or Property
unless such repairs shall be necessitated solely by reason of the default or neglect of Licensee.
Exceq as war forth in Paragraph 6(a) above, upon expiration or termination beeerf, License shall
restore the Premises to the condition in which it insisted upon execution bereo( reasonable wear
and Our and loss by casualty or other causes beyond Licensee's control excepted.
16. Hazardous Substances Licensee agrees that it will not use, generate, store of dispose of
my Hazardous Material on, under, about or within the land in violation of my law or replation.
licensor and licensee agrees assume ell duties, responsibilities and liabilities at tbev sole cost and
expense for payment of penalties, suaums, forfeitures, lasses, trot Or damages. and for
responding in my action, notice, claim, order, summons, citation, directive, litigation, investigatlon
or proceeding which is rehired to (i) each party's failure to comply with any enviroumeotal or
industrial hygiene law, including without limitation my regulations, guidelines. standard or
policies of arty governmental authorities regulating or imposing standards of liability or standard of
conduct wish regard to any environmental m industrial hygiene conditions or matters as may now or
hereafter be in effect, or (it) any environment or industrial hygiene conditions that arise out of or
are in any way related to the condition of the Propeny and activities conducted by the patty thereon,
micas the enviromrental conditions are caused by the other party. The provisions of this section
will survive the expiration or coordination of shis Agreement
17. Liability and lodemoity.
(a) Licensee shall at all than comply with all laws and ordinances and all roles and
regulations of remained stare and federal goveroment authmrities elating to she installation,
maintenance, height, location, use, operation, and removal of the equipment, antenna systems,
and other alterations or improvements authorized herein, and shall fully indemnify the Wcca sor
against my loss, damage. cost, or expense which may be sustained or incurred by the Licensor as
a resale of Litres« s installation, operation, car removal of said improvement, except where
caused in whole or in pan by the sole negligence or willful misconduct of she Uceusor, its
agents, xrvmt m employees.
(b) Licensee agrees and is bound in indemnify, defend, and hold the Licensor whole
and harmless against my and all claims for my loss or damages that may arise out of the M.
maintenance. and occupancy of Licensee's Facilities and use of the Premises by Licensee, except
where caused in whole or in pan by the sole negligence or willful miscondi m of the Licensor, its
agents, servants or employees.
(e) Licensee agrees thin Ucensee shall indemnify, defend, rebase, acquit, and hold
free and hamlets the ljoeme m, its agents, representatives and employees from and against my
and all claims. demands, cmxs of actin. liabilities, losses, and damage, whether asserted by
Licensee, its agents, representatives or employees, car any third patty which in my ways ratans to
or arias from Licensee's Facilities or the installation or maimemnce thereof, or from Licensee's
entry onto and utilization of the Properly, including but not limited to claims Of causes of 3111011
alleging that loss, injury or damage were caused in whale or in pan by the Licensors negligence
but not including those caused in whole or in pan by the sole negligence or willful misconduct Of
the Ilcensm, its agents, servmts or employees.
(d) To the extent pena w by law, Licensor shall at all times comply with all laws
and ordinmcc and all rales and regulations of municipal, some and federal government
mshorities relating to themaintenance and operation of the Water Tower, and shall fully
indemnify the Licensee against my loss, damage, cost, or expense which may be wmaincil or
incurred by the Licensee as a result of Licensor's, its agent's, servant's, or employee's negligence
or willful misconduct.
IR Water Tower Firkin¢ and Liahtiae Reauiremenb. Licemar acknowledges Met
it and not Licensee, shall Ie responsible for compliance with ell Water Tower making and
lighting requirements of the Federal Aviation Administration ('PAA") and the FCC. In the
vent Licensee is cited by either the FCC or FAA because the Water Tower is not in compliance
due to Licensee's facilities and, Licensor fails to curt the coMitions of noncompliance within the
time frame allowed by the citing agency. Licensee may termiwte this Agreement.
19. PUblle Ememencv. The parties understand and agree that the primary function of the
property is to serve as a water tower for the Licensor and that the interests of Licensee ate
superseded by the public health, safety, and welfare of the citizens of the City of The Colony
served by the Water Tower. In the event Mat the City of The Colony City Council or the City
Manager declare a public emergency or there exists a Murat to Ne Water Tower facility or
potable water supply that would detrimentally impact public health, safety and welfare such that
immediate action is necessary, Licensee shall immediately remove its improvements from the
Licensed Premises. In the event Licensee is not able to immediately respond, Doemor may
remove Ucemee's improvements without incurring liability for damages of any type. Cosa of
removal and manaclunent of improvements shall be home by Licensee.
20. Miscellamems.
(a) This Agreement constitutes Ne entire agreement and understanding Maween the
parties, and supersedes all offers, negotiations and other agreements concerning the subject
menet contained herein. Any amendments to this Agreement must he in writing and executed by
both panics.
(b) ff any provision of this Agreement is invalid or unenforceable with respect many
party, the remainder of this Agreement or the application of such provision to persons other thin
Nose as to whom it is held invalid or unenforceable, shall not he affected and each provision of
this Agreement shall he valid and enforceable to the fullest extent pemtitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
(d) Any notice or demand required to he given herein shell be made by certified or
registered mail. mum receipt requested, or reliable overnight courier to Me address of the
respective parties set form blow:
-icemar:City0fIffiecolany Licensee: T -Mobile USA, Inc.
ATTN: City Manager 12920 SE 38(h Street
6800 Main St. Bellevue WA 98006
The Colony, Texas 750% Abu. Ixase ComplianWDA01271A
Liceosm or Licensee may from (tae to Mme deviate any other address for this purpose by
women notice to the other party. All antlers hereunder shell be deemed received upon actual
receipt.
(e) This Agreemem shall be governed by the laws of the Same of Texas: and venue
fa my action shall be in my coon of psmerjurisdicdon in Name County, Texas.
(f) Ucensce may obtain title insurance on its interest in the Remises. Licensor shall
cooperete by executing documentation required by the title insurance company.
(g) In any case whom the approval or consent of one party hereto is mluired,
requested or otherwise to be given under this Agrament, such party shall nm unreasonably delay
or withhold its approval or consent.
(h) All Exhibits annexed hereto form material pmts of this Agreemeva'IMre art no
other agreements, oral or otherwise, which f my pan of the agreements between the parties
hereto other than this Agnomen.
(i) This Agreement may W executed in duplicme counterparts, each of which shall
be domed an original.
(j) License agrees to provide Licensee with a completed IRS Form W-9, upon
execution of this Agreement and m such other times in may be reasonably requested by
Licensee.
(k) Licensor agrees to execute and deliver to Ucemee a Memorandum of Agreement
in the form annexed hereto as Exhibit C, and acknowledges that such Memorandum of
Agreement will be recorded by Ucrosee in the official records of the County when: the pmperty
is located.
(1) In the event the Property is encumbered by a mortgage or deed of lust. Ucenmr
agrees in olein and deliver to Licensee m executed and acknowledged ran-disnubmce and
armament agreement for each such mortgage or dad of cost in a taordable form reasonably
acceptable to both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as athe date Bret
above written,
LICENSOR
LICENSEE
CITY OF TEE COLONY, TEXAS
T-MOBI E WEST LLC,
a Delaware limited liability cu apany
Nadame:
Name: aem�CAl--�_
aywwtaapim.a
Title: City Manager
Title:
Date: \7/'1/1'5
Date:
F.XIIBIT A
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To the Agreement dated ne•em(oe. 1 .. 2015, by and between City of The Colony,
Texas, a municipal corporation, as Licensor and T -Mobile West 11,C, a Delaware flallted
liability company, as Licenses.
RECORDED AT REQUEST OFr AND
WREN RECORDED RETURN TO:
T -Mobile USA. Inc.
12920 SE 38th Street
Bellevue WA 98006
Atm: Property Manager/DA01271A
MEMORANDUM OF AGREEMENT
DAO1271A/Cinver Valley Water Tank
Property ID: 135340
This Mmamosinums OF AOktEnsrvr is entered into on thisriy day at t'nnr)w2015, by
City of the Colony, Texas, a municipal corporation, with an address at 68W Main Street, The
Colony, Texas 75056 (hereinafter referred to as Licensor') and T -Mobile West LLC, a
Delaware limited liability company, with an office at 7668 Warren Parkway, Risco, TX 75034,
(hereinafter referred an as d'UcenaW').
1. Licensor and Licensee entered into a Communications Site License Agreement
("Agreement") dated as of llecNrt%W f I .2015, efiective upon full execution of the parties
("ERectim Date") for the purpose of Licensee undertaking certain Investigations and Tests and,
upon finding the Property appropriate, for the purpose of installing, operating and main:aming a
connouniwions facitity, aM other imP:ovements. All of the foregoing is set forth in the
Agreement.
2. The term of Licensee's ¢meaty under the Agreement is for five (5) years
commencing on Ter s,vv%bOQ C auokE (•'ream Comtcertremenl Date"). and
temunating on the fifth anniversary, of the Tema Commencement Date with four (4) successive
five (5) year options to rencw.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed
hereto. The portion of the W d being licensed in licensee and all necessary access and utility
licenses (the "Prean ") are set forth in the Agreement. In witness whereof. the parties have
"=red this Memorandum of Agreement as of the day and year first written above.
[signatures on next page]
LICENSOR: LICENSEE:
Cityofthe Colony
Nitrate
Thdkc
U•
a..
STAITOFMWLd5
COUNTY OF
T-Mob&West LLC/
Ey:
Name: T
Tide:
nam: 9 ��
lht before TIYl0. SIeW ttrY ,NotaryPublic, persotWly appeased
ZYU�Gl1 t ��i^� (Y Yew�,f�ersonally known to me (or proved to me on the basis of
saliss � evidem) m be the petsbn whose name is subscribol to the within instrument and
acknowledged to me that they executed the some in their authorized capacity, and that by their
signature on the instrument, the person, or the entity upon behalf of which the person acted,
executed the inswment.
wrk9s$ty dO�CYIaWI. NYCp.IM198KK1 EXPIgE9
1�VV01.1A1JQ�e� (SEAL)
Notary Public
MY commission expisn 02 1 L1. IC)
STATE OF —L0
��/,lO
COUNOF .
TY
�e re me, ffla Variety Public, personally appeared
personally known m me (or proved to me on the basis of
satisf tory evidence) to b m person whose tmme is subscribed to the wiNin inswment and
acknowledged to one that they executed the same in their auNontod capacity, and that by their
signature on the instrument, Ne person, or the entity upon behalf of which the person acted,
executed the instrument.
W[pfE$$ dated rBt'ial mal. UOVIN1N N.xRIE ERffWM
A�IIUUfWO COM,
c Ti "'171"
ItT� (S (uMv CpmmuaElplat
Nomty Publio` sonpew trz. rzate
My commission expires: 4 �2y�Obn
LICENSEE'S FACRXM
■W
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