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HomeMy WebLinkAboutOrdinance No. 01-1276 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. C.Q/-/¢7~7~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH COOK INLET/VOICESTREAM OPERATING COMPANY, LLC FOR INSTALLATION AND MAINTENANCE OF CERTAIN ANTENNAS AND COMMUNICATION EQUIPMENT ON THE CITY'S WATER TOWER LOCATED AT 5033 CLOVER VALLEY; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Cook Inlet/VoiceStream Operating Company, LLC for installation and maintenance of certain antennas and communication equipment on the city's water tower located at 5033 Clover Valley. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 5th day of February, 2001. ~[~ROVED: ~ ATTEST: William W. Manning, Mayor -~ ~.thann D-e~lln, ~i~p~-i'y (~t} Skf~tary APPROVED AS TO FORM: yo[ Hi'~el, CityX~tcc~]~ey Communication Facility Lease THIS COMMUNICATION FACILITY LEASE (this "Lease") is made as of /"~_,~..'~ ,2001 (the "Effective Date"), by and between the City of The Colony, a Texas municipal corporation, as lessor (the "City"), and Cook Inlet/VoiceStream Operating Company, LLC, a Delaware limited liability company, by VoiceStream PCS BTA I Corporation, its Agent, as lessee ("VoiceStream')(Collectively "the parties"). 1. PREMISES. The City is the owner of that certain real property located at 5033 Clover Valley, The Colony, Texas, 75056 as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). The City hereby leases to VoiceStream certain portions of the water tower and ground space (collectively, the "Premises") located on the Property. The Premises are more particularly described on Exhibit B attached hereto and incorporated herein by reference. VoiceStream shall have the right to use the Premises for the purpose of installing, removing, replacing, modifying, maintaining, and operaling a communications facility including no more.than three (3) equipment cabinets; Nine (9) radios and antennas; and associated equipment, fixtures, and cabling (collectively the "Communication Equipment") further described in Exhibit D attached. Installation of the Communication Equipment must be in strict compliance with the attached site plan. The installation of any other additional equipment requires the express written approval of the City, such approval not to be unreasonably withheld, conditioned, or delayed. 2. TEIIM O1~ LEASE. The initial term (the "Term") of this Lease shall be sixty (60) calendar months commencing upon the start of installation of the Communication Equipment (the "Commencement Date") in and about the Premises and expiring on the date which is sixty (60) calendar months unless earlier terminated by either party in accordance with the provisions herein. VoiceStream shall have the right to extend the Term for two (2) successive sixty (60) month terins (the "Renewal Terms") on the same terms and conditions. VoiceStream agrees to provide the City with written notice within ninety (90) days of the end of the term that it is about to expire. This Lease shall automatically be extended for each successive Renewal Term unless (i) the City provides VoiceStream with written notice of its reasonable cause for not renewing or (ii) VoiceStream provides the City with written notice of its intention not to renew. All notices under this provision will be delivered at least sixty (60) days prior to commencement of the succeeding Renewal Term. 3. RENT AND COSTS. VoiceStream shall pay the City One Hundred Twenty Thousand Dollars ($120,000.00) as full rental for the initial Term (the "Rent"), payable in quarterly installments of Six Thousand Dollars ($6,000.00) each (the "Quarterly Payments"). The first Quarterly payment of Rent (the "Initial Payment") shall be payable within thirty (30) days of the Commencement Date, prorated as appropriate. Subsequent Quarterly Payments shall be payable on or before January 1, April 1, July 1, and October 1 of each year. The Rent shall be increased at the commencement of each Renewal Term by an amount equal to fifteen percent (15%) of the Rent in effect for the previous Term. All payments due under this Agreement shall be sent to the City's address indicated under § 12 below, to the attention of Director of Finance In the event VoiceStream fails to make a Rent payment within thirty (30) days of the due date, VoiceStream shall pay to Lessor a late fee equal to six percent (6%) of the amount of the delinquent payment. 4. ACCESS TO COMMUNICATION EQUIPMENT. After the initial installation of the Communication Equipment, the City shall permit VoiceStream unrestricted access to the Property and Premises seven (7) days a week, twenty-four (24) hours a day. To facilitate such 24/7/365 access, VoiceStream shall have the right to install a lockbox at a mutually agreeable location or the parties shall make other appropriate arrangements. 5. INSURANCE. VoiceStream at its own cost shall obtain and maintain at all times during the term of this Lease Commercial General Liability insurance, induclmg contractual liability, protecting VoiceStre~m in an amount not less than One Million Dollars ($1,000,000) each occurrence and in an amount not less than One Million Dollars ($1,000,000) anmial aggregate. Such insurance policy shall name the the City, its council members, officers, and employees as additional insureds as respects liability arising out of or in connection with the presence of Conununication Equipment at the Premises or any act or omission of VoiceStream with respect to the Premises or with respect to the Communication Equipment at the Premises. Such coverage shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. VoiceStream shall be responsible for notifying the City of such change or cancellation. Such insurance policy shall contain a severability of interest clause. 6. INDEMNITY. VoiceStream shall indemnify, protect, defend, and hold the City, its council members, officers, and employees harmless from and against any and all claims, liabilities, judgments, costs, damages, and expenses, including reasonable attorney's fees, arising out of or in any way related to the Communication Equipment, including the installation, maintenance, operation, or removal thereof, except to the extent that such claim, liability, judgement, cost, damage, or expense arises from the negligence or willful misconduct of the City, its employees, or agents. The provisions of this Section 6 shall survive the expiration or earlier termination of this agreement. 7. NON-INTEREERENCE. The Communication Equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by the City or other occupants in the Building existing as of the Commencement Date, except as may be permitted by applicable laws; provided, however that subsequent to the installation by VoiceStream of the Communication Equipment, the City agrees not to install or allow installation of new equipment on the Premises if such equipment causes interference with Voice_Stream's operations except as may be permitted by applicable laws. All interference claims shall be settled in accordance with the then prevailing interference rules and regulations promulgated by the FCC. 8. UTILITIES. VoiceStream shall be entitled to install, as allowed by law, and shall pay for any utilities and services required for the Corrtmunication Equipment. The City shall provide VoiceStream, at VoiceStream's cost, with such reasonable assistance as is necessary and in compliance with all applicable laws, rules and regulations, to enable Voice_Stream to arrange for such utilities and services. 9. ASSIGNMENT. This Lease shall not be assigned or subleased by VoiceStream without express written consent of the City, which shall not be unreasonably withheld, delayed, or conditioned. The transfer of the rights and obligations of Voice. Stream to an affiliate of VoiceStream shall not be deemed an assignment. VoiceStream shall, however, give to the City at least thirty (30) days' prior written notice of any transfer for which the City's consent is required hereunder. For purposes of this Lease, the term "affiliate" means a corporate parent of VoiceStream, a partnership or joint venture in which VoiceStream owns an interest, or a subsidiary entity of VoiceStream. 1 R OWFormDocs ~ WAP ~ WAP Master 12~7-99.doc 10. IMPROVEMENTS; REMOVAL OF COMMUNICATION EQUIPMENT. VoiceStrearn may, at its expense, make such improvements to the Premises as it deems necessary for the operation of its communication facility, except as prohibited by law. The City agrees to cooperate with VoiceSiream, upon payment of all applicable standard and customary fees, if any, by VoiceStream by promptly (without violating applicable laws, rules or regulations) responding to VoiceStream's request for any required permits or zoning approvals. The Communication Equipment is and shall remain the property of VoiceStream; and upon the expiration or earlier termination of this Lease, VoiceStream shall promptly remove the Communication Equipment (not more than 30 days thereafter), at VoiceStream's sole cost and expense, and return the Premises to substantially the condition existing on the Commencement Date, normal wear and tear excepted, or, upon agreement of the City, leave it in its improved condition, as reasonably appropriate under the circumstances. If the City does not agree to leaving the premises in its improved condition, and if VoiceStream fails to remove the Communication Equipment within 30 days after expiration or earlier termination of this Agreement, as provided herein, the City shall have the right to remove the Communication Equipment and other property of VoiceStream, at VoiceStream's expense, and shall not be liable for any damage to such property resulting from such removal. 10.1 1~/O LIMITATION ON POLICE POWER. Nothing in this agreement shall be construed to limit the zoning authority or any other police power of the City. 11. TERMINATION PRIOR TO EXPIRATION. This Lease may be terminated by either party upon forty-five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party which is not cured within forty-five (45) days of receipt of written notice of default; or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion; provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. This Lease may also be terminated by VoiceStream on at least forty-five (45) days' prior written notice to the City if (i) VoiceStream is unable to obtain any requisite permit or authorization or any such permit or authorization is subsequently revoked or not renewed; (ii) any physical equipment or electronic emissions materially interfere with the operation of the Communication Equipment; or (iff) VoiceStream determines, based on technological or other developments, Shat it will be unable to utilize the Premises for their intended purposes. 12. NOTICES. Any notice or demand required to be given herein shall be made by certified or registered mail, postage paid, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below and shall be deemed given three (3) days after deposit in the mail as just described or on the date delivery is first attempted in the case of overnight courier, as follows: COOK INLET/VoIcESTREAM OPERATING THE CITY OF THE COLONY COMPAq, LLC Attn: Corporate Leasing Atto: City Manager 12920 SE 38th Street 6800 Main Street Bellevue, WA 98006 The Colony, TX 75056 With a Copy to: Telephone: 972-625-1756 COOK INLET/VOICESTREAM OPERATING COMPANY, LLC ' Atiaa: Lease Administrator 11830 Webb Chapel Rd., Suite 5000 Dallas, TX 75234 Either party may change its address by giving the other notice of a new address in accordance with the terms of this § 12. All payments to the City required hereunder shall be sent to the address specified for the City above. 13. APPLICABLE LAW. This Lease shall in all respects be governed by the laws of the State of Texas without regard to its conflicts of law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested in the state courts of Texas, County of Denton, or in the United States District Court for the Northern District of Texas. 14. TITLE AND QUIET ENJOYMENT. The City represents and agrees (a) that the City is the owner in fee of the Property and Premises or that the City holds a leasehold estate in the same under which the City has the right to enter into this Lease of the Premises for their intended purposes hereunder; Co) that the person signing this Lease has the authority to execute it on behalf of the City; and (c) that VoiceStream shall have access to and quiet enjoyment of the Property and Premises at all times throughout the initial Term of this Lease and any Renewal Term, so long as VoiceStream is not in default beyond the expiration of any applicable cure period; and (d) that the City will not have unsupervised access to VoiceStream's communications facility in the Premises, except within the scope of its police power authority. City shall have the right to inspect the Premises to determine compliance with applicable laws, rules and regulations during reasonable business hours on two (2) business day' prior written notice to VoiceStream; provided, however, that City shall not alter, damage, move, disrupt, turn off, adjust or otherwise affect the continuous operation of the Communication Equipment. 14.1. TOWER 1VIAINTENANCE AND EMERGENCY ENTRY. The City shall provide VoiceStream with 30 days written notice of any essential maintenance to the tower in the vicinity of VoiceStream's lease space. In the event of an emergency situation which poses an immediate threat of substantial harm or damage to persons and/or property on Lessor's property and which requires entry on the Premises, Lessor may enter the Premises and take such actions as are required to protect individuals or personal property from such immediate threat of substantial harm or damage; provided that promptly after such emergency entry into the Premises (and in no event later than twenty-four [24] hours), Lessor gives telephonic and written notice to VoiceStream of Lessor's entry onto the Premises. In addition to Lessor's rights under the preceding sentence, Lessor will have the right to enter the Premises to visually inspect the Premises. Except in the event of an emergency situation, Lessor agrees 2 R OWFormDocs ~ WA P \ WA P Master 12- 7-99.doc that it will not inspect or otherwise disturb the Communication Equipment without a representative of VoiceStream being present. VoiceStream agrees to display the name(s) of authorized person(s), address and telephone numbers on the equipment cabinet located at the base of the water tower so as to facilitate emergency communication. 14.2 HAZARD SUBSTANCES. The City and VoiceStream each agrees that they will not use, generate, store or dispose of any hazardous material on, under, about or within the City's property in violation of any apphcable law or regulatioru Hazardous material shall mean any substance, chemical or waste identified as hazardous, toxic, or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 15. SHORT-FORM MEMORANDUM. Upon VoiceStream's request, the City agrees to execute a Memorandum of Lease, in the form attached hereto as Exhibit C and incorporated herein by reference and acknowledges that VoiceStream may record such Memorandum of Lease in the official records of the county where the Building is located. In the event the Building is encumbered by a mortgage or deed of trust, the City agrees, to assist Voice_Stream, at no cost to the City, in obtaining a nondisturbance and attornment agreement in favor of VoiceStream for each such mortgage or deed of trust. If a Memorandum of Lease is in fact recorded, upon termination of this Lease, VoiceStream agrees to execute and record a quitclaim deed or such other document as may reasonably be required by the City or a title company to evidence the termination of VoiceStream's rights in the Premises. 16. SEVERABILITY. If any one or more of the provisions of this Lease shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Lease and shall in no way affect the validity, legality or constitutionality of the remaining provisions of this Lease. Each party hereby declares that it would have entered into this Agreement and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid or unconstitutional. 16.1. WAIVER OF BREACH. No waiver by any party hereto of a breach of any provision of this Agreement shall constitute a waiver of any preceding or succeeding breach of the same or any other provision hereof. " 17. LEGAL FEES. If any party commences legal proceedings for any rehef against the other party arising out of or to interpret this Lease, the losing party shall pay the prevailing party's legal costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs as determined by the court. As used herein, "legal proceedings" includes any arbitration proceedings to which the parties may submit. 15. COUNTERPARTS; FACSIMILE SIGNATURES. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A copy of this Lease bearing the signature of a party which is transmitted by facsimile shall have the same legal effect as the personal delivery of a copy of this Lease bearing an original signature. 19. ENTIRE AGREEMENT; AMENDMENTS. This Lease, together with the Exhibits attached hereto, constitutes the entire understanding and agreement of the parties with respect to its subject matter; and there are no representations, promises or agreements between the parties except those found in this agreement; and any and all prior agreements, understandings or representations with respect to its su~ect matter, whether written or oral, are hereby canceled in their entirety and are of no further force or effect. Any amendments to this Lease must be in writing and executed and dehvered by both parties. Lessor: The City of the Colony, a Texas mun.~cipal ; Cook Inlet/VoiceStream Operating Company, corporation / ' " LLC, a Delaware limited habflity company By: ~- ' _ . By: VoiceStream PCS BTA I~C.~o~?~or.a~n,.. ent Patti Hicks Its: Interim City Manager By: ~ody / Sanford B ~ ~''/ ( - Its: Director of Engineering and Operations · Ruthann Devlin Its: Deputy City Secretary Date: -~/~6V' ,200_~ Oate: C Z / ,200 Approved as to Form: Ci~ A ttorne~_ 3 R OWFormDocs I WA P ~ WA P Master 12- 7-99.doc [EXHIBIT A] [DESCRIPTION OF PROPERTY] T~is exhibit is attached to and incorporated into that certain Lease dated as of P~'L~, ff 2001, by and between COOK INLET/VOICESTREAM OPERATING COMPANY, LLC, a Delaware limited liability company, by VoiceStream PCS BTA I Corporation, its Agent as licensee, and the City of The Colony, a Texas municipal corporation, as Lessor, and references the location and/or legal description of the property subject to the Lease. All of that real property situate in the City of the Colony County of Denton State of Texas described as follows: Municipal water tower and grounds located at 5033 Clover Valley, The Colony, Texas 75056. PARENT TRACT DESCRIRTION NOT SURVL-YED HERFIN. A CALLED 1.298 ACRE; TRACT OF LAND, BE]NG ALL OF THAT TRACT AS RECORDED IN VOLUME 74.3. PACE: 444 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS OUT OF.,'THE B.B.B. & C.R.R. COUpANY SURVEY, ~STRACT NO. 114, DENTON COUNTY, TEXAS. LEASE SITE · ~d tract being more particularly descried os f~low.; COMMENCING at a point for the southw~t corner of ,eld c(dlad 1.296 cora tract cf I"nd. · aid point being In the north rk~ht of w=y line of Qovor V(dley Drive; ~IENCE: -- North 25'02'11" East. si"ag the wester~.y line of said 1.296 core tract .nd gonor(dly (dong a fence line, a dl, t.nc. of 138.49 fNt to 'a point for corner; THENCE: - South 71'49'26' Fast. deporting sold ~weatetty line. a dlstoncl ~32.78 feet to the POINT OF BEGINNING; ,r ' -: THENC~ - North 17'34'57. Esot, 20.00 fact ta ~ 5/8-inch rapped Iron rod sat for THENCE - South 72'25'03' East, 20.00 feet ta a 5/.8~lnch m~pped Iron red eet fro- THENCE: -- South 1734'57' We,t. 20.00 feet to a S/8-inch capped iron foci ,et for comer;. 1HE;NCE - North 72'25'03" ~/e~t, 20.00 feet to the POINT OF' BEGINNING .nd containing 400 square feet or 0.0092 of an acre of I"nd. more or Lessor's Initials VoiceStream's Initials [EXHIBIT B] [LOCATION OF PREMISES AND EQUIPMENT[ l-~5 .') ,2000, by and between COOK INLET/VOICESTREAM OPERATING COMPANY, LLC, a Delaware limited liability company, by VoiceSt~eam PCS BTA I Corporation, its Agent, as lessee, and the City of The Colony, a Texas municipal corporation as Lessor, and references the location of the Premises and Communication Equipment within the Property to be utilized by VoiceSt~eam pursuant to the Lease. Lessor's Access Contacts: During Business Hours: After Business Hours: Name: Dir. Public Works Name: Patti Hicks, Interim City Manager Phone: 972-625-1756 Phone: 972-625-1756 Ceil/PCS: Cell/PCS: Pager: Pager: Subject to prior review and agreement by the City Manager, VoiceStream may replace the attached drawings of the location of the Premises and Communication Equipment with construction drawings depicting same. Such replacement drawings shah be deemed a part of this Lease and be binding on VoiceStream and the City. Recording Requested by: COOK INLET/VOICESTREAM OPERATING COMPANY, LLC By: VoiceStream PCS BTA I Corporation, its Agent 11830 Webh Chapel Rd., Suite 5000 Dallas, TX 75234 When Recorded Mail to: COOK INLET/VOICESTREAM OPERATING COMPANY, LLC By: VoiceStream PCS BTA I Corporation, its Agent Attn: Lease Administrator 11830 Webb Chapel Rd., Suite 5000 Dallas, TX 75234 (space above this line for Recorder's use only) Memorandum of Lease THIS MEMORANDUM OF LEASE is entered into as of /?-~ /J'i ~'-. 2~3L~ / , by and between the City of The Colony, a Texas municipal co~por-ation '(the "City") and COOK INLET/VOICESTREAM OPERATING COMPANY, LLC, By: VoiceStream PCS BTA I Corporation, its Agent a Delaware limited liability company with an office at 11830 Webb Chapel Rd., Suite 5000, Dallas, TX 75234("Lessee'). AGREEMENT 1 LEASE OF PREMISES. For the purpose of installing, operating, and maintaining a communicatior facility and other improve,m,,ents, ,,a,s described in that certain Communication Facility Lease dated, ,~_/J. O~' ,2001, (the Lease ), the City hereby leases to Lessee, and Lessee hereby leases from the City, certain premises more particularly described in, and on the terms and conditions more particularly set forth in the Lease by and between the City and Lessee, which terms and conditions are hereby incorporated by reference. 2 The subject property affected by the recordation of this Memorandum of Lease is described in Attachment A attached hereto and incorporated herein by reference. The portion of the property being leased to Lessee pursuant to this Memorandum of Lease and the Lease is referred to as the "Premises" in the Lease and is described in Attachment B attached hereto and incorporated herein by reference. [Exhibit C] IN WITNESS WHEREOF. the parties have executed this Memorandum of Lease as of the day and year first above written. Lessor: City of The Colony, ~a Texa~nicipal co. ti n~ /..° Patti Hicks [name typed] Its: Interim City Manager VoiceStream: COOK INLET/VOICESTREAM OPERATING COMPANY, a Delaware limited liability company By: VoiceStrea~P.~T.~/Ce~oration, its Agent Cody~sanford Its: Director of Engineering and Operations ACKNOWLEDGEMENTS STATE OF_ ~ c:.V ":~ ) ) SSo j", COUNTY OF r--.- ~ ~. i ,~ ) (':. ~:,"::'~:>' before me,'f~%':',, (:' .:>~,'~ Nota~ Public, personally appeared On ',,':~' personally known to me (or proved to me on the basis of sa~sfactory evidence)~ to be the person whose name is subscribed to the wit~n i~ument and acknowledged to me that he executed the same ~ ~s authorized capaci~, and that by ~s si~a~re on the ins~ument, the person, or the en~ty upon behalf of which the person acted, executed the i~ument. Notary PubiC My co~ssion expires: STATE OF_ ~ k/'&.~ ) ) SS. COUNTY OF "7~ ~_, ~ ?z:,.~ ) ,' On JJ(~'¢t. f z~ol, before me, .m'~. _ ~ ~ (~,~, Notary Public, personally appeared ~::,' :. ~> ~ ~ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within ins2ument and ac~owledged to me that he executed the same in ~s authorized capaciW, and that by his si~a~re on the ins~ument, the person, or the entity upon behalf of w~ch the person acted, executed ~e i~ument. ~ess my han~ and official seal.  ta~ Pu~ic - ' (SEAL) My co~issiOn expires: ~~_~ ,o._..__... ~.~ ATTACHMENT A . This attachment is attached to that certain Memorandum of Lease dated as of /?~ ~..~z'-, ZD~ !, by and between COOK INLET/VOICESTREAM OPERATING COMPANY, LLC, by VoiceStream PCS BTA I Corporation, its Agent as Lessee, and the City of The Colony, a Texas municipal corporation, as Lessor, and references all of that certain real property situate in the City of the Colony, County of Denton, State of Texas, described as follows: Mtinicipal water tower and associated grounds located at 5260 N. Colony (N. Colony & Pruitt) PARENT TRACT DESCRIPTION NOT SURV~ HEREIN. A CALLED 1.296 ACRE 1RACT OF LAND, BEING AII OF '~HAT TRACT AS RECORDED IN VOLUME 743, PAG~ 444 OF '[HE DL'~'RE:CORDS OF DENTON COUNTY, TEXAS OUT OF;ll~E B.B~. Ji:-C.R.I~. COMPANY SURI~Y. ABSTRACT NO. 114~ DENTO~i COUNTY. TEXAS. LEASE SITE BEING o port of thor certain 1.296 ogre troct of lend ce deecrJbed in the Deed recorded In Volurni 743, Page 44J, of the Deed Records of Denton County. Texol (DROCT) out of the B.B.B. & C.R.R. Cmnpony Survey, Abetroct No. 114, Denton County, said tract being more porticulm'ly described os COMMENCING at a point for the Iouthwest corner of said celled 1.296 (~ore tract of lend, sold point being in the north rkjht of w(~y line of Qover Valley Drive; THENCE - North 25'02'11" [aet, (]long the westerty line of ~id 1.296 ocre trnct (;nd gonercdly olong Q fence line, a di~tonce of 1~8.,1~ feet to q po,Mt for corner;, THENCE - South 71'49'26' Feint, diporting seed wi.?.twly line, a dletonce o~f'32.78 feet to the POIHT OF BEGINNING; / * -* THENCE - North 17'34'57' [est, 20.00 fief to (~ ~5/8-inch c~pped Iron rod eot for comer;, THENCE - South 72'25'03' East. 20.00 feet to o .S/B--inch copped iron rGcl ,et for cumec, THENCE -- South 17'34'57' We.t' 20.00 feet to o S/8-inch capped iron rod set for corner;, THENCE - North 72'25'03' West' 20.00 feet to tho POINT OF B/GINNING and containing 400 square feet or 0.0092 of an ocre of land, more or lo.. ATTACHMENT B ,-- This attachment is at~ached to that certain Memorandum of Lease dated as of · ~_,~ ! , by and befween COOK INLET/VOICESTREAM OPERATING COMPANY, LLC, by VoiceStTeam PCS BTA I Corporation, its Agent as Lessee, and flqe Ci~ of The Colony, a Texas municipal corporation, as Lessor, and references the location of the Premises and Communication Equipment licensed to be installed and maintained under the Memorandum of Lease and the Lease: [EXHIBIT Di [COMMUNICATION EQUIPMENT] On the tower: 9 EMS Antenna _ Cable adequate to service antennas, running from cabinet to tower. Onthe grounds: Twenty feet by Twenty (20' X 20') ground space for electronics cabinet.