HomeMy WebLinkAboutResolution No. 06-025
RESOLUTION NO. 06- OJ-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE COMMUNICATIONS FACILITY LEASE AGREEMENT WITH
NEXTEL OF TEXAS FOR THE LEASE OF SPACE ON THE WATER
TOWER AT PUMP STATION NO.2 AND ALL ACCESS AND UTILITY
EASEMENTS, IF ANY, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE COMMUNICATIONS FACILITY
LEASE AGREEMENT; PROVIDING A REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony ("City") owns the Water Tower at Pump Station
No.2 ("Tower") located at 5260 N Colony Boulevard in the City; and
WHEREAS, Nextel of Texas ("Nextel") has requested to lease space on the Water
Tower and all access and utility easements, if any, (the "Premises") for any activity in
connection with the provisions of telecommunication services; and
WHEREAS, the City desires to lease the Premises to Nextel under the terms and
conditions of the Communication Facility Lease Agreement ("Agreement"), which is attached
hereto and incorporated herein as Exhibit "A"; and
WHEREAS, the City Council has determined that it would be in the best interest of the
City to enter into the Agreement with Nextel for the lease of the Premises.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The City Council hereby approves the terms and conditions of the
Communication Facility Lease Agreement by and between the City and Nextel of Texas on the
Water Tower at Pump Station No.2, which is attached hereto and incorporated herein by
reference as Exhibit "A."
Section 2. That the City Manager is hereby authorized to execute all appropriate
documents to enter into said Agreement as provided for herein.
Section 3. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provides.
Page 1
64580
PASSED, APPROVED and EFFECTIVE this ~ay of /rLtu~1_' 2006.
ATTEST:
tJfI~~ IJ~~
1 tie WIlson, CIty Secretary,
City of The Colony, Texas
APPROVED AS TO FORM:
~
City of The Colony, Texas
(REH/cdb 3/16/06)
Page 2
J 0 Dillard, Mayor
C y of The Colony, Texas
64580
STATE OF TEXAS
~
~
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COMMUNICATION
FACILITY LEASE
AGREEMENT
COUNTY OF DENTON
--"'Y, ~ ., ,
THIS Lease Agreement ("Agreement") is entered into this v/"",Ll' ~aay of/;Vi..)J !-".2006,
between Nextel of Texas, Inc., a Texas Corporation, ("Lefsee"), and City of The Colony, Texas,
a municipal corporation ("Lessor"), acting by and through their authorized representatives'.
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land") and the Water Tower at
Pump Station No.2 (the "Water Tower") located at 5260 N. Colony Blvd. and as located in the
City of The Colony, County of Denton, State of Texas, 75056 (the Water Tower and Land are
collectively, the "Property"). The Land is more particularly described in Exhibit "A" attached
hereto. Lessor hereby leases to Lessee, and Lessee lea8es from Lessor, space on the Water Tower
and all access and utility easements, if any, (collectively, the "Premises").
2. Use. The Premises may be used. by Lessee for any activity in connection with the
provision of telecommunications services. Lessor agrees to cooperate with Lessee, at Lessee's
expense, in making application for and obtaining all licenses, permits and any and all other
necessary approvals th~t may be required for Lessee's intended use of the Premises.
3. I~sts and Construction. Lessee shall have the right at any time following the last date
of execution of this Agreement by all parties to emer upon the Property for the purpose of
making appropriate engineering surveys, inspections, and other reasonably necessary tests. Prior
to the construction of Lessee's Facilities (herein defined), Lessee sHall submit all plans and
specifications related to the placement of Lessee's facilities on the Water Tower to Lessor for
approval. Lessor reserves the right to disapprove Lessee's method of attachment of Facilities to
the Water Tower. Upon Lessee's request, Lessor agrees to provide to tessee copies 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.
4. Term. The term of this Agreement shall be Five (5) years commencing on start of
construction of Lessee Facilities ("Commencement Date") and terminating on the fifth
anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided
herein. This Agreement will automatically renew for four (4) additional five (5) year telm(s)
(each five (5) year term shall be defined as the "Extension Term"), upon the same terms and
conditions unless the Lessee notifies the Lessor in writing of Lessee's intention not to renew this
Agreement at least sixty (60) days prior to the expiration of the existing Term.
Page 1 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Nextel Communication (Doc #63836)
5. . Rent.
(a) Within 15 days of the Commencement Date and on the first day of each
month thereafter, Lessee shall pay to Lessor as rent One Thousand Five Hundred Dollars
($1,500.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of
the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at City of The
Colony, 6800 Main St., The Colony, Texas 75056, Attn: Donna Bateman.
(b) Rent and Access Fees 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 or
Renewal Term.
6. FaciJities; Utilities; Arcess.
(a) Lessee has the right to erect, maintain and operate on the Premises
communications facilities, including without limitation utility lines, transmission lines,
equipment shelter(s), electronic equipment, transmitting and receiving antennas and supporting
equipment and structures thereto ("Lessee Facilities"), which facilities are depicted in the
schematic or diagrams shown on Exhibit "B" which exhibit is attached hereto and is, by this
reference, incorporated herein as if fully set out. In connection therewith, Lessee has the right to _
d9 all work necessary to prepare, maintain and alter the Premises for Lessee's business
operations and to install transmission lines connecting the antennas to the transmitters and
receivers. Lessee further has the right but not the obligation to add, modify and/or replace
equipment in order to be in 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 Lessee or Lessor. Lessee has the right to install and operate transmission
cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to
the equipment shelter or cabinet and communication lines from the main entry point to the
equipment shelter or cabinet. Lessee has the right to modify, supplement, replace, upgrade,
and/or expand the equipment at any time during the term of this Agreement. All of Lessee's
construction and installation work shall be perfonned at Lessee's sole cost and expense and in a
good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of
Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the
right to remove all Lessee Facilities at its sole expense any time before, or within sixty (60) days
after the expiration or earlier termination of the Agreement; provided Lessee repairs any damage
to the Premises caused by such removal. Lessee shall not damage, injure or impair any facilities
or equipment on the Water Tower and Premises in the erection, installation, construction or
maintenance of Lessee's facilities and shall indemnify, hold harmless and defend Lessor from
any and all loss, damage or injury caused in whole or in part by Lessee or its agents,
representatives or employees in this regard.
(b) Lessor waives any lien rights it may have concerning the Lessee Facilities, all of
which are deemed Lessee's personal property and not fixtures, and Lessee has the right to
remove the same at any time without Lessor's consent.
Page 2 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Nextel Communication (Doc #63836)
Lessor acknowledges that Lessee has entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the
Lessee's Facilities ("Collateral") with a third party financing entity (and may in the future enter
into additional financing arrangements with other financing entities). In connection therewith,
Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the
Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from
execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and
that such Collateral may be removed at any time without recourse to legal proceedings.
(c) Lessee agrees to obtain separate utility service from any utility company that will '
provide service to the Property (including a standby power generator for Lessee's exclusive use).
Lessor 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 to Le~see or to the servicing utility
company, of an easement in, ,over across or through the Land as may be reasonably required by
such servicing utility company to provide utility services as provided herein.
(d) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall
have access without prior notice to Lessor twenty-four (24) hours a day, seven (7) days a week,
to the property depicted in Exhibit B as Lessee's Equipment Shelter. Access will be controlled
through a gate that Lessee will have access to.
(e) Access to any other portion of the property where access is controlled by the City,
Including the interior of the Water Tower property or to the top of the Water Tower shall be
accomplished only with the presence of the Lessor's Utility Director or his or her representative.
Lessee agrees to reimburse Lessor for the city escort at a rate of $50.0Q per hour during normal
business hours and $75.00 per hour after 5:00 p.m. M-F and on weekends and holidays ("Access
Fees"). Lessor will be responsible for billing Lessee for all charges in a timely manner. Only
qualified and adequately insured employees, agents, contractors or perSC)llS under Lessee's direct
supervision will be permitted to climb the Tower and to install, maintain, or remove Lessee's
antennas and/or equipment from the Tower. Lessor 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
I
for the purpose of repair and maintenance or for any other purposes that do not interfere with
Lessee's use of the Tower. '
(f) Lessor shall maintain existing access roadways from the nearest public roadway to
the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under
normal weather conditions. Lessor shall be responsible for maintaining and repairing such
roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways.
(g) The Lessor reserves the right to perform maintenance on the Water Tower,
both structural and cosmetic (paint), at whatever intervals as may be required to assure the
integrity and longevity of the facility. If maintenance work is required, Lessor agrees to provide
Lessee with reasonable notice of not less than ninety (90) days prior to commencing such work
to allow Licensee to remove any and all of Licensee's antennas as may be necessary provided
Lessor makes best efforts to provide Lessee with sufficient notification of the intended work and
the opportunity, at Lessee's cost and expense, to temporarily relocate and continue to operate its
Page 3 of ] 6
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Nextel Communication (Doc #63836)
antennas, or otherwise to secure the antennas or the communication facilities generally, to
protect them :from damage and allow Lessee to continue to operate. Lessee will be permitted to
install any type of temporary facility necessary to keep its Communication Facility operational,
including permitting Lessee to install a cell on wheels (COW) on the property. Further, any
maintenance will be conducted by Lessor as diligently and expeditiously as possible. However,
subject to the above, Lessor will not be responsible for system outages of up to thirty (30) days
resulting from Lessor's need for unusually extensive maintenance and any inability of Lessor to
accommodate a relocation of Lessee's antennas to keep them operational.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause
interference to Lessor and other le~sees or licensees of the Premises provided such equipment is
properly installed and lawfully operated, and predates the installation of the Lessee Facilities.
All operations by Lessee shall be in compliance with all Federal Communications Commission
("FCC") requirements.
(b) Lessee shall not cause electrical interference to the Lessor or to any other licensee or
lessee who is using the Premises at the time of Lessee's installation or operation of its Facilities.
Should such interference occur, Lessee will, after notice :from Lessor, take all steps necessary to
correct such interference and, if such interference cannot be corrected, Lessee will cti:ase its
.0J?erations :from the site, and this Agreement shall be terminated. The Lessor will not grant a lease
or license to any other party for the use of the Lessor's property without including in that lease or
license a provision stating that the party's use will not in any way adversely affect or interfere with
the Lessee's signal operation of its communication system. Furthermore, the Lessee shall have the
right to temlinate this Agreement upon thirty (30) days notice to the Lessor if another user of the
facilities causes significant interference with Lessee's operations, and such interference is not
corrected within thirty (30) days folJowing the notice. Lessee shall have the sole burden of, and be
responsible for all costs associated with, alleging and proving that another user of the Premises is
causing significant interference, or for otherwise enforcing Lessee's rights under this Agreement. In
the event any such interference does not cease within the aforementioned cure period then the
parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have
the right, in addition to any other rights that it may have at law or in equity, for Landlord's
breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement
upon notice to Landlord. The Lessor shall not be responsible for the costs associated with the
resolution of any dispute between users of the Premises, or enforcement of any of Lessee's rights
under this Agreement.
8. Taxes. Lessee shall be responsible for and pay any lawful taxes directly attributable to
the Lessee Facilities or Lessee's use of the Property.
9. !=ondition of Site. Lessee accepts the Premises as is, in its current condition, and the Lessor
makes no representations or warranties, and hereby disclaims any and all such representations or
warranties, express or implied, of any kind or nature, with regard to the facilities and the Premises,
except as stated in Section 16. The Lessor shall maintain the Prennses in compliance with all
applicable statutes, regulations and rules, and in a manner whjch will not interfere with Lessee's
Page 4 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
NexteJ Communication (Doc #63836)
reasonable use of the site.. Upon expiration, cancellation, or termination of this Agreement, the
Lessee shall remove its equipment, antenna systems and structures from the Premises at Lessee's
sole cost and expense. However, upon vacation oftrus site, Lessee shall surrender the Premises in
substantially the same condition as received, except for ordinary wear and tear, as reasonably
determined by the Lessor. If, as determined by the Lessor, the Premises are not surrendered in
reasonably satisfactory condition, the Lessee shall be liable to the Lessor for an amount representing
the actual cost to restore the Premises to substantially the same condition as received. Should Lessee
fail to so remove the equipment, antenna systems and structures, Lessor may, upon thirty (30) days'
notice by Lessor to Lessee and LeEsee's financing entity, remove and store such equipment, antenna
systems and structures. In the event that neither Lessee nor Lessee's financing entity shall effect
such timely removal, and provided at least sixty (60) days have elapsed since the original written
notice to Lessee and its financing entity, the equipment, antenna systems and structures shall be
deemed abandoned and Lessor may remove and dispose of such equipment, antenna systems and
structures. Any notice to Lessee's financing entity shall be sent to the following address:
The Chase Manhattan Bank, N.A
One Chase Manhattan Plaza, 4th Floor
'New York, NY 10081
Attn: Tracy Navin.
Any permanent improvements or fixtures installed on the Premises by Lessee shall become the
property of the Lessor upon the expiration of this Agreement.
10. Termination. 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 any covenant or term
hereof by the other party, which default is not cured within sixty (60) days of receipt of written
notice of default, provided that the grace period for any monetary default is twenty (20) business
days from receipt of notice; (ii) by Lessee for any reason or for no I reason, provided Lessee
delivers written notice of early termination to Lessor no later than thirty (30) days prior to the
Commencement Date; (Hi) by Lessee if it does not obtain or maintain any license, permit or
other approval necessary for the construction and operation of Lessee Facilities; (iv) by Lessee if
Lessee is unable to occupy and utilize the Premises due to an actioh of the FCC, including
without limitation, a take back of channels or change in frequencies; (v) by Lessee if Lessee
determines that the Premises are not appropriate for its operations for economic or technological
reasons, including, without limitation, signal interference; or (vi) by Lessor in the event of an
overriding public need or a determination of the governing body of Lessor that such tennination is
necessary to preserve the public health, safety or welfare, as determined by the Lessor in its
reasonable discretion, by written notice, delivered not less than ninety (90) days prior to termination
of the then current term.
11. D~struction or CondemRation. If the Premises or Lessee Facilities are materially
damaged, abandoned, removed, destroyed, condemned or transferred in lieu of condemnation,
Lessor or Lessee may elect to temlinate this Agreement 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 the date of such damage, destruction, condemnation or
transfer in lieu of condemnation. If Lessor undertakes to rebuild the Water Tower, Lessor agrees
Page 5 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Nextel Communication (Doc #63836)
to use its reasonable efforts to permit Lessee to place temporary transmission, and reception
facilities on the Property at no additional Rent until such time as Lessee is able to secure a
replacement transmission location or the reconstruction of Lessee's Facilities is completed.
12. Insur~. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the
Premises and on the Lessee Facilities, bodily injury and property damage insurance with a
combined single limit of at least One Million and 001100 Dollars ($1,000,000.00) per
occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its
empldye'es and agents arising out of or in connection with Lessee's use of the Premises, all as
provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee
shall provide to the Lessor a certificate of insurance evidencing the coverage within thirty ,(30)
days of the Commencement Date.
13. Assignment and SubJettilll~. Lessee may not assign, or otherwise transfer all or any part
of its interest in this Agreement or in the Premises without the prior written consent of Lessor;
provided, however, that Lessee may assign its interest to its parent company, any subsidiary or
affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one
percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in
this Agreement as set forth in Paragraph 6(b) above. Upon assignment, Lessee shall be relieved
of all future perfonnance, liabilities, 'and obligations under this Agreement, provided that the
assignee assumes all of Lessee's obligations herein. Lessor may assign this Agreement; which
a~signment may be evidenced by written notice to Lessee within a reasonable period of time
thereafter, provided that the assignee assumes all of Lessor's obligations herein, including but
not limited to, those set forth in Paragraph 6(b) ("Waiver of Lessee's Lien") above. This
Agreement shall run with the Land and shall be binding upon and inure to the benefit of the
parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding
anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge,
hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any
financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations
for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds,
debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of
credit, bankers acceptances and similar facilities or in respect of guaranties thereof.
14. WalTanty o(TitJe and Ouiet EnioVJ)1("l!!. Lessor warrants that: (i) Lessor owns the
Property in fee simple and has rights of access thereto and the Property is free and clear of all
liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this
Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent
and observing and performing all the terms, covenants and conditions on Lessee's part to be
observed and performed, Lessee may peacefully and quietly enjoy the Premises.
15. Repairs. Lessee shall not be required to make any repairs to the Premises or Property
unless such repairs shall be necessitated soleJy by reason of the default or neglect of Lessee.
Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall
restore the Premises to the condition in which it existed upon execution hereof, reasonable wear
and tear and loss by casualty or other causes beyond Lessee's control excepted.
Page 6 of 16
CITY OF THE COLONY, TEXAS
WATER TOWERLEASEAGREEMENT
Nextel Communication (Doc #63836)
16. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of
any Hazardous Material on, under, about or within the Land in violation of any law or regulation.
Landlord and Lessee agree to assume all duties, responsibilities and liabilities at their sole cost and
expense for payment of penalties, sanctions, forfeitures, losses, costs or damages, and for
responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation
or proceeding which is related to (i) each party's failure to comply with any environmental or
industrial hygiene law, including without limitation any regulations, guidelines, standards or
policies of any governmental authorities regulating or imposing standards of liability or standards of
conduct with regard to any environmental or industrial hygiene conditions or matters as maynow or
hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or
are in any way related to the condition of the Property and activities conducted by the party thereon,
unless the environmental conditions are caused by the other party. The provisions of this section
will survive the expiration or termination of this Agreement
17. IjabiJitv and Indemni~.
(a) Lessee shall at all times comply with all laws and ordinances and all rules and
regulations of municipal, state and federal government authorities relating to the 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 Lessor
against any loss, damage, cost, or expense which may be sustained or incurred by the Lessor as a
result of Lessee's installation, operation, or removal of said improvements, except where caused
in whole or in part by the sole negligence or willful misconduct of the Lessor, its agents, servants
or employees.
(b) Lessee agrees and is bound to indemnifY, defend, and hold the Lessor whole and
harmless against any and all claims for any loss or damages that IT!ay arise out of the use,
maintenance, and occupancy of Lessee's Facilities and use of the Premises by Lessee, except
where caused in whole or in part by the sole negligence or willful misconduct of the Lessor, its
agents, servants or employees.
(c) Lessee agrees that Lessee shall indemnify, defend, releJse, acquit, and hold free
and harmless the Lessor, its agents, representatives and employees fTom and against any and all
claims, demands, causes of action, liabilities, losses, and damage, whether asserted by Lessee, its
agents, representatives or employees, or any third party which in any ways relates to or arises
from Lessee's Facilities or the installation or maintenance thereof, or from Lessee's entry onto
and utilization of the Property, including but not limited to claims or causes of action alleging
that loss, injury or damage were caused in whole or in part by the Lessor's negligence but not
including those caused in whole or in part by the sole negligence or willful misconduct of the
Lessor, its agents, servants or employees.
(d) To the extent permitted by law, Lessor shall at all times comply with all laws and
ordinances and all rules and regulations of municipal, state and federal government authorities
relating to the maintenance and operation of the Water Tower, and shall fully indemnify the
Lessee against any loss, damage, cost or expense which may be sustained or incurred by the
Page 7 of ] 6
ClTY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Nextel Communication (Doc #63836)
Lessee as a result of Lessor's, its agent's, servant's, or employee's negligence or willful
.
miscortduct.
] 8. Water Tower J\1arkine and Liehtine Requirements. Lessor acknowledges that it,
and not Lessee, shall be responsible for compliance with all Water Tower marking and lighting
requirements of the Federal Aviation Administration ("FAA") and the FCC. In the event Lessee
is cited by either the FCC or FAA because the Water Tower is not in compliance due to Lessee's
facilities and, Lessor fails to cure the conditions of noncompliance within the time frame allowed
by the citing agency, Lessee may terminate this Agreement.
19. Public Emen~rncv. The parties understand and agree that the primary function of the
property is to serve as a water tower for the Lessor and that the interests of Lessee are 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 that the City of The Colony City Councilor the City Manager declare
a public emergency or there exists a threat to the Water Tower facility or potable water supply
that would detrimentally impact public health, safety and welfare such that immediate action is
necessary, Lessee shall immediately remove its improvements from the Leased Premises. In the
event Lessee is not able to immediately respond, Lessor may remove Lessee's improvements
without incurring liability for damages of any type. Costs of removal and reattachment of
improvements shall be borne by Lessee.
20. Miscellaneous.
, I
(a) This Agreement constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject
matter contained herein. Any amendments to this Agreement must be in writing and executed by
both parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to persons other than
those as to whom it is held invalid or unenforceable, shall not be affected and each provision of
this Agreement shall be valid and enforceable to the fullest extent permitted 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 be given herein shall be made by certified or
registered mail, return receipt requested, or reliable overnight courier to the address of the
respective parties set forth below:
Lessor:
City of The Colony
ATTN: Donna Bateman
6800 Main St.
The Colony, Texas 75056
Lessee: Nextel of Texas, a Texas corporation
4700 W. Sam Houston Parkway
Suite 200
Houston, Texas 77041
Attn: Property Manager
Page 8 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Nextel Communication (Doc #63836)
With a copy to: '
Nextel of Texas, Inc., a Texas corporation
2001 Edmund Halley Drive
Reston, VA 20191-3436
Second Floor, Mail Stop 2E225
Attn: Regional Legal Services - Contracts Manager
Lessor or Lessee may from time to time designate any other address for this purpose by written
notice to the other party. All notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be govemed by the laws of the State of Texas; and venue'
for any action shall be in any court of proper jurisdiction in Denton County, Texas.
(f) Lessee may obtain title insurance on its interest in the Premises. Lessor shall
cooperate by executing documentation required by the title insurance company.
(g) In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Agreement, such party shall not unreasonably delay
or withhold its approval or consent.
(h) All Exhibits annexed hereto form material parts of this Agreement. There are no
other agreements, oral or otherwise, which, form any part of the agreements between the parties
hereto other than this Agreement.
(i) This Agreement may be executed in duplicate counterparts, each of which shall
be deemed an original. ,
CD Lessor agrees to provide Lessee with a completed IRS Form W-9, upon execution
of this Agreement and at such other times as may be reasonably request~d by Lessee.
(k) Lessor agrees to execute and deliver to Lessee a Memorandum of Agreement in
the form annexed hereto as Exhibit C, and acknowledges that such Memorandum of Agreement
will be recorded by Lessee in the official records of the County where th1e Property is located.
(1) In the event the Property is encumbered by a mortgage or deed of trust, Lessor
agrees to obtain and deliver to Lessee an executed and acknowledged non-disturbance and
attornment agreement for each such mortgage or deed of trust in a recordable form reasonably
acceptable to both parties.
Page 9 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Nextel Communication (Doc #63836)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
.
above' written.
LESSOR
LESSEE
CITY OF THE COLONY, TEXAS
Nextel of Texas, Inc., a Texas corporation
By:
(....cJ.=.\ n ~ 'I ^.
'\..., XQ "'. ~ 'f
'",. U I, . .A
By:M~
Name: 'Dale Cheatham
Name: Richard Gonzales
Title:
City Manager
Title: Area Manager, Site Development
") ~ f'MC~ f) C
Date: S" - -:;L -- tPC
Date:
Page 10 of 16
CITY OF TIlE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
Ncxtel Communication (Doc #63836)
EXHIBIT A
DESCRlPTION OF LAND
The Land is described and/or depicted as follows (metes and bound description):
EEING A TRACT OF LAND SITUATED IN THE E.B.E. Ji.N.D C.R.R. COMPANY SURVEY, ABSTRACT
NO. 194, DENTON COUNTY I '.l'EXAS, AND EEING PART CF T.t";:E 3.{:; .115 ACRE TRACT CONVEYED
TO C. ~.ND P. M. COMPANY, A TEiO.B JOINT VENTlJRE, FROM :f:,"ENRY H. DIClCERSON, .'
TRUSTEE, EY DEED DATED J:;'.NtJ1..RY 2, !!:i7l, .AND FILED FOR }.ECDRD IN'VOLtlME 624, PAGE, !
86 OF THE DEED RECORDS OF DENTON COUNTY, TEXJl.B - SEE p.TTACHED~ I
Page 11 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
76678
EXHIBIT A (Cont'd)
l.lA\iE ~ ~
El4ir.; 'II M1~ ICrt \l'\Icl .,. IQnG .,:tucIM iI'I ~ B.1l.B. II C,RA.
SIVty, ~ No. 1 i'l. Den1Ion tlP\fIW. Tl;~QI. tnU boihg n 1nf
Q'li' 01' The C'C:~I1l'. 1_ 'II1'lC! ~~inll Cl ~Qr\"'n ~ lnGl 1;'.~1 CK!n
'rclC\ orn'A.l'n r~ f'IlK Ilt ~ II'IC.. II n~Q' tct'p{mQl\. 1XI 1I'li
OQlonl' WI,lMiptl Vlil'li' tliUr~ No. 1. 01' \ht COI,lIl\)' 01' lllntm. $'t=W
tll 1_ ~norcng ~ ,n. lIcmln1l' llMd rnQrOl'U in ''\:'\I1'It n~.
f"Qo;j, U2. ~ ,"",Qrdt" DtnlPn CQU1\'1. n~QI. l11d O...1.;oe C>'"
'rclC\ 01' lenu ~hg "1m pQr1!cul;r!I' ~U I:;' ~; cnU to;lul'lC!;
III ~I~",,:
~wwt:,..K; D\ . '/R. Inell nn I1Id rt>Jnd e1 the n"rt'noot Ulmr
.., "".. D.!::11 "'" ~ ..'n.... poIM I>AIh!I 11 tho ""uLJlori.l' tho aI
4U"1 -&filg '1!o.oO fMt. 'Ilkla A1k1)';
nfENCE St>~ 71 ODDI'1iM q rrtlnutal 111 S900PEjI rnt, tlcnll tha
r.EH1hany ,~ at Ade. O.!::i21 Den trae.1,. sa-M bt"ing tit.. ..Dt..J1!Krty IInlll
.., ..,.. , ~.[)D ,,"t Wldl AI.,.. e "_n... .., 'O!.JQ '-l 11> co p.lnt:
TIiEN~E (L 1 l South 11 ......... 12 mln"""" 1 2 --=<Jndl; ..... no
~"""'r1'h!! 1h1 oou_nr nnl or ..,Icl I<J.,.. 17m_.;. 1ho lrrtffl<lr .., ""'Ill
O.l;21 """" lroaI. c c\oicn.... Df tt.ol.2 faoIt tD " ~1! In<lh hln n>d RII
"I tho n...U......-\ .llmIlr ." tt... nl...ln Ileonibod """I ."'" fl>r Trlr
POINT or a.aN~NO h.....m. !Il<I"," palM ~ 1n "n ..dothg r..Cl:l
1ol1ln hl!f1 "hDh>l1l* '"roo;
THONe. ~ul"9 i>r<l"1f1 h lnl>erlor .., ..,Id e..521 1Y.i"'Il m.at, the
.".,1I..'ng fDUr (~) C<lur'r..:
l.2. touu. 72. d"9l'11oo 041 ,"",ub.. ~ """"rds [,,01. .I",,!! ..,Id fl.llCI
rolri hllfl "hornl'" '."""'. .. dlot..nal cf 30.00 f...I ID " 5/B Inen
ron n>d ...,j Dt tho ncrlhoool ""m... '" IhD ......,;on cl.tt~bood 1..-
"...Iit
LJ. llouU. 17 d"ll.... 12 ,"",u.. 12 ......rds W.oI. clllpUrthg ..Id
chdnfnk f..,o.. D .fol.""" <If 10.00 fwt lD D 5/lI1ro:h 1",n rod wi
01 ino ""'"th......t ~rnor .~ the hl...ln daooorlb.d It.... D_;
L+. North 72 tI.jJ...oe 041 .m,ul.. o4Il .......nd. '11001, . "Itlon"" <If
J{J.OO to ,I ;., " 5/ll nch intn nod HI at u.. .l>Jl1rnol <om... '"
th. h"":n oril1lI;ribed I~ aNa"
lb. ~rth 11 d~,... 1~ ".,.,,,.,,. HI ,...",n.s [.,01, .. cllot.;n~ aI
~O.O() 1e.ti U, THr PGI~ OF' 1l000lNNIIIO ncIU'. orid tornalnlng flCl:l
"1-.'" ,..I ..r D..CI3! ."'" Df I.nd mal'll ..r IeIos.
m&II:E~~
~ EAtD.lrNT
EON; on DOC.t.. ""..m.nl iNIoon (15.00) ",.1 \'l ~. tho
""nl>erfl1e ..r whloh I. cl...rihd DI ful..-
o::iIJIIEhI:!N; DI the PONT OF' OOWM[NCD,1[lll dotDrib..! cb.....;
1l-TNC. r,-,ulh 7:1. d..,... -Ill rrIn~ 07 _oondo [.,ol. olong h
D Juth.rI] II"", cf to'tl 1 aoo fwt ...h. .....,.. ..m.. Who tho
....rtn..lj IIn. '" tDtd C.5.2.1 ..0,.. hOl.!, . dol.o.- ..I f~~.<ID foM
Ie rn. f>DlIfI a; OCtJ;NNING h.nm;
lHENCE (L8) :!....th 11 <1.;__ 12 mlnlllm U ..""nd. lI'oorl
"'perih... the ~ulhorl.l' rno <If IldId ~1I,1'''. ~ht tho Inlorlnr of
Ir11d 0~1 ..,..., Inz:t; c <lBtcn.1 1>1 20.42 '"1M .. the PONT Df
lLI\I/Iw;rp1l no,,"'. ...,d .DO'lhJlnln'i JDII .quo... ~ Dr 0.0010 DC...
'" II71d '"""' ... I....
5' lITUIT fJoSDl ENT
BDN; . ufJrrb "",..",.r'II r... C;.01l) ,wi. in ..idIh, lh. ......rr... of
..nic~ ie ......rib.d .., roll""",
CQl,lIIE/oONC; Dl the POriT Df COWMENr:OIEIfI oIo..ribood ob......
1HENr:E (L1) ~Cl.llh 1e d'G~ HI rninlllK ~ ucen~e ll..1,
Cl<pcrllr.; the ~L'nh81'b' lint 01' tlfd 1~00 fllllt .'lde Allll:l'. elor.;
the ~lTt~th,"1I rn. Df ~it1 ~1 <<N 1rocl. CI ~ie~t.CI 01' 2.91
TMt 16 THE PONT' Of BIJOINNING ""N.I,
15' ~ rA!liDlI C=ll.InIoIIIIl
rnrlCr (LlI) South 12 doop.... 041 ,"",uloo o4Il DeDDndl Eon!. loo.tn9
u... northnobor\o' IIn. end th"""1lh Ih.. Iniori.. ..r told 0.:'121 ~Dro
lrDc\, c tllrialD8 '" 1('C~ fwGf lD th. POllll or TIJU.lm.nON
h"""". (md oc.nlJllnfhc SJ04 """".. "'01 ar O..<J1l.:l "oro ..r lord ""'~
Of' I.... torn. pant o."n; In th. ...t rn. ." lhn I""," ,....
Il-=rlbed obne.
Page 12 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
76678
EXHIBIT B
SCHEMAT1CIDIAGRAM OF LESSEE'S FACILITIES
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1;.
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-"... .
l!.G)J:W - ....
(. . o. _......
, .. "--..----3:1:
~II-
Page 13 of 16
CITY OF THE COLONY, TEXAS
WATER TOWER LEASE AGREEMENT
76678
(CONT'D)
EXHIBIT B
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