Loading...
HomeMy WebLinkAbout01-02 RESOLUTION• 1 RESOLUTION NO. 1-02 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF FAYEITEVILLE AND CRICKET ARKANSAS PROPERTY COMPANY TO LOCATE CELLULAR TELEPHONE ANTENNAE ON THE TOWNSHIP WATER TANK FOR MONTHLY LEASE PAYMENTS OF ONE THOUSAND FIVE •HUNDRED DOLLARS (51,500.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a Lease Agreement between the City of Fayetteville and Cricket Arkansas Property Company to locate cellular telephone antennae on the Township Water Tank for monthly lease payments of One Thousand Five Hundred Dollars ($1,500.00). A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council authorizes the Mayor to sign said agreement with Cricket Arkansas Property Company. PASSED AND APPROVED this 2nd day of January, 2002. ATTER: APPROVED: By OODRUFF, City Clerk DAN COODY, Mayor NAME OF FILE: CROSS REFERENCE: Resolution No. 1-02 01/02/02 Resolution No. 1-02 01/03/02 Exhibit "A" (Water Tank Attachment Communication Site Agreement with Cricket Arkansas Property Company, a Delaware Corporation) Exhibit "A" (Legal Description of Township Tank Site) Exhibit "B" (A Description of any casement that might be required for utility installation) Exhibit "C" (A List of all of Tenant's equipment on the site) Exhibit "D" (Form of Notification of Commencement of Installation of Equipment) Exhibit "E" (Construction Drawings of the Plans for Installation, etc) Exhibit "F" (Form of Memorandum of Agreement) 01/03/01 E-mail from Alissa Coffeld to David Whitaker, City Attorney's Office 12/17/01 Letter to Don Bunn from Alissa Coffield, Project Manager, SiteExcell 12/11/01 Memo to Fay. City Council from Don Bunn, Assist. PW Director, thru Greg Boettcher, PW Director & Mayor Coody, regarding Lease Agreement, Cricket Communications Township Tank 01/02/02 Agenda Request Form 01/04/02 Memo to Greg Boettcher, Public Works Director, from Heather Woodruff, City Clerk NOTES: 7 • •A Res. 1-02 Si WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT (Township Tank Site) EXHIBIT A This Water Tank Attachment Communication Site Agreement ("Agreement") is entered into this 3rd day of January , 20 02 , by and between the City of Fayetteville, hereinafter known as the "Owner" and Cricket Arkansas Property Company. a Delaware corporation, hereinafter known as the "Tenant". GENERAL TERMS AND CONDITIONS 1. Grant. Subject to the terms and conditions contained within this Agreement, Owner hereby grants to Tenant the nonexclusive right to install, maintain, operate and remove radio communications equipment and appurtenances on the Owner's Township Water Tank (the Water Tank) located on the property described in Exhibit A (the Premises), and leases to Tenant a portion of the Premises for construction and occupancy of an equipment shelter or building to house Tenants equipment on the Premises as more particularly described in Exhibit A. Owner shall continue to have the right to occupy the Premises and operate the Water Tank and to grant others rights to occupy or utilize the Premises and the Water Tank at Owner's sole discretion. Owner also grants to Tenant a non-exclusive easement during the term of this Agreement for ingress, egress and regress and for the installation and transmission of utilities on property described on attached Exhibit ("Easement"). Tenant may install equipment, personal property, improvements, alterations or fixtures as listed on Exhibit C (the Equipment), or as Owner may otherwise approve in writing, such approval not to be unreasonably withheld, conditioned or denied. Any personal property owned by Tenant, whether or not fixed or attached to the Premises or Water Tank, shall remain the property of Tenant without regard to whether it appears on Exhibit C. 2. Use. Tenant shall use the Equipment and Premises for the purpose of constructing, installing, maintaining, improving and operating, at Tenant's expense, a communications facility, including antennae, equipment shelter or building, platforms, cable runs and incidental uses as described in this Agreement. Tcnant shall be solely responsible for securing any and all building permits and approvals, zoning changes or approvals, variances, use permits, and other govemmental permits from applicable governmental authorities, including any Federal Aviation Administration approval (collectively, Permits) prior to any construction on the Premises. Owner agrees to reasonably cooperate with Tenant in obtaining the Permits, and copies of the Permits shall be provided to Owner upon request. Tenant shall promptly pay all costs and expenses and shall not cause or permit any lien to be created against the Premises. 3. Initial Term. The Initial Term of this Agreement shall be five (5) years, commencing the earlier of (i) commencement of installation or (ii) one hundred eighty (180) days after the full execution of the Agreement, (the "Commencement Date") and terminating at midnight five years thereafter. 4. Renewal Term(s). Tenant shall have the right to extend this Agreement for one (1) additional tern of five (5) years (First Renewal Term) on the same terms and conditions as set forth in this Agreement except that the Rent shall be increased as determined by the City at the time of the renewal. Failure of the City to immediately increase the rent at the time of or after renewal shall not limit the right of the City to increase the rent later during the renewal term. This renewal shall be automatic unless Tenant notifies Owner of Tenants intention not to renew. Upon expiration of the First Renewal Term [ten (10) years and one hundred eighty (180) days from the date of this agreement] the Owner shall have the right to terminate this Agreement for any reason, provided the Tenant shall have been notified in writing one hundred and eighty (180) days prior to the expiration date. In the event Owner chooses not to terminate the Agreement, the Tenant shall have the right to extend the Agreement for one (I ) additional five (5) year term. However, both parties shall have the right to ask for a renegotiation of the terms and conditions of the Agreement at that time, provided a written notice of the desire to renegotiate terms and conditions is given to the other party at least ninety (90) days prior to the Agreement termination date. Notice shall contain an explanation of the items and/or issues to be renegotiated. Owner and Tenant shall have the same rights of termination/negotiation at the end of each successive five (5) year term. 5. Rent. The rental amount for the initial term and subsequent renewal terms shall be as specified in the • • Res. 1-02 Special Terms and Conditions of this Agreement. Rental payments shall begin on the Commencement Date and shall be made monthly in advance on the first day of the month and shall be prorated for any partial month at the commencement or termination of this Agreement, based on the number of days in that month. Tenant will receive a monthly statement from Owner and payment shall be sent to the address contained in the monthly statement. Any past due amount shall be shown as such on the following months billing statement, and shall constitute sufficient notice to the Tenant of the need to bring the account current. Failure to do so within thirty (30) calendar days of the receipt of such notice shall be deemed a default. In the event the Agreement is terminated due to any reason except Tenant's default, Owner shall promptly refund any prepaid rents to Tenant. 6. Maintenance. The costs of maintaining the Water Tank, including painting of the exterior and finishing or painting the interior of the Water Tank, shall be borne by Owner. In the event damage is caused to Tenants equipment or personal property by Owners agents, or employees, the cost of repairing such damage shall be borne by Owner who shall, upon due notice and proof of loss provided by Tenant, timely reimburse Tenant the cost of repairing such damage. Tenant shall maintain its antennas, transmission lines, equipment and equipment shelter in good operating condition. In the event damage is caused to the Water Tank by Tenant or Tenants agents, employees contractors or subcontractors, either during the initial installation of the equipment or subsequent operational, construction, or maintenance activities, the cost of repairing such damage shall be borne by Tenant. Thc cost of repair may include, but would not be limited to the cost of lost water, disinfections, public notifications, and re -painting. Should Tenant fail to timely make repairs required by this Agreement, Owner may, at Owners option, make such repairs and Tenant shall promptly reimburse Owner for its costs and expenses incurred in such repair. Upon termination or expiration of this Lease Agreement, Tenant shall remove, within ninety (90) days thereof, its Equipment from the Water Tank and repair damage, if any, to the Water Tait caused by the removal of Tenants Equipment, normal wear and tear and damage due to casualty excepted. Tenants activities and operations and the Equipment shall not interfere with Owners maintenance, repair and operation of the Water Tank and its lighting system. Tenant shall be responsible for any damages it may cause to existing or future telecommunications equipment. Tenant shall be obligated to remove all permanent structures down to ground level unless Owner specifically approves of such structure or structures remaining in place. Underground or at grade items, such as slabs on grade, gravel, and vegetation shall not require removal. No underground items shall require removal. 7. Due Diligence Period. Tenants obligation to perform under this Agreement shall be subject to and conditioned upon: (a) Tenants securing appropriate approvals for Tenants intended use of its Equipment on the Premises from the Federal Communications Commission, the Federal Aviation Administrator, and any other federal, state or local regulatory agency having jurisdiction over Tenants proposed use of the Equipment; (b) Tenants obtaining, at its option, a title report or commitmcnt for a leasehold title policy from a title insurance company of Tenants choice which must show no defects or restrictions of title or any liens or encumbrances which may adversely affect Tenants use of the Premises or Tenants ability to obtain financing; (c) Tenants obtaining, at its option, a survey and analysis tests which must show no defects which, in the opinion of the Tenant may adversely affect Tenants use of the Premises; (d) Tenants approval of the condition of the Premises, which may be subject to, at Tenants option, an environmental audit of the Premises performed by an environmental consulting firm of Tenants choice; and (e) Tenants determination that the Water Tank is structurally appropriate for Tenant needs. Tenant shall act with due diligence within ninety (180) days of the date of execution hereof to satisfy all conditions set forth above and to provide of the information required in the various exhibits. In the event that Tenant determines during the due diligence period that the Water Tank and the Premises are, in Tenants opinion, unacceptable to Tenant, then this Agreement shall terminate and be of no further force or effect. • • Res. 1-02 8. Interference. Tenant agrees to install Equipment of types and generating frequencies which will not cause interference to transmissions or signals from users of the Water Tank as may be already in place on the Water Tank or on the Premises, and who are operating in full compliance with all FCC requirements. At Owners request, Tenant shall provide a detailed interference analysis showing potential conflicts between Tenants frequencies and those of the other users already in place on the Water Tank. If, upon installation and start-up of the Equipment, the Equipment causes such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receipt of written notice from Owner to Tenant, Tenant shall temporarily disconnect the electric power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) and if such interference is not corrected within 30 days after receipt of the written notice, Tenant agrees to remove the Equipment from the Water Tank and the Premises and this Agreement shall terminate as if by expiration. 9. Subsequent Tenants. Owner will require any proposed new co -locating tenant to develop the proper documentation showing that its proposed installation and the use thereof will not interfere with the existing tenant(s) equipment and use of the Tank prior to the execution of an agreement to allow such co -location. The existing tenant(s) shall review and approve such documentation, but shall not unreasonably nor arbitrarily withhold such review and approval. The Owner will require any Agreement with a subsequent co -locating tenant to contain language which holds the new tenant liable for any and all damages to Tenants existing equipment and use thereof which may occur as a result of the installation and operation of their equipment. In the event of such interference by a subsequent tenant, Tenant shall have the right to enjoin such interference and if the interference is not remedied within thirty (30) days, Tenant shall have the right to terminate this Agreement immediately. 10. Utilities and Access. Tenant shall have the right to install utilities, to be separately metered at Tenants expense, and to improve present utilities on the Premises, including but not limited to the installation of emergency power generators. Tenant shall have the right to place utilities, (and all sleeves, conduits and cables necessary thereto), on a formal utility easement specifically given by Owner for that purpose in order to service the Equipment throughout the Initial Term or any Renewal Term of this Agreement. All utilities servicing Tenants equipment and facilities shall be placed underground. Tenant shall be responsible for all utility connection charges, and all utility use charges, for electricity or any other utility used by Tenant. Tenant shall have access to the Premises and the Equipment at all times, 24 hours each day, through the Owners access drive. Owner shall maintain the access drive in good condition throughout the Initial Term of this Agreement and throughout any Renewal Term(s). 11. Termination. This Agreement may be terminated by either party in accordance with the provisions of Paragraph 4. This Agreement may be terminated on thirty (30) days prior written notice by either party upon a default of any covenant or term thereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of such default. Any default which cannot be cured in sixty (60) days shall not be considered a default so long as the defaulting party has identified a cure which is satisfactory to the other party and is diligently pursuing such cure. Additionally, this Agreement may be terminated by the Tenant at any time for any reason or for no reason. Upon termination of this Agreement Tenant shall immediately cease its operation, and shall have ninety (90) days from the termination date to remove all of Tenants Equipment from the Premises and shall make whatever repairs to the Water Tank and grounds that might be necessary to leave the Premises in a good, clean, and neat condition. Such repairs shall but not be limited to, physical repair and painting of damaged areas of the Water Tank caused by the operation or removal of the antennae and other equipment, and repair to the grounds (seeding, mulching, etc) on and around building removal areas. 12. Structural Analysis. Tenant shall be solely responsible to ensure that Tenants installation of the Equipment shall not significantly effect the structural integrity of the Water Tank, and that no damage results to the Water Tank due to installation of the Equipment. Owner agrees to furnish Tenant, promptly upon Tenant s request, • • Res. 1-02 true and accurate copies of all analyses performed on the Water Tank within the two years preceding the request and Tenant s attachment of antennas or Equipment on the Water Tank. In the absence of such an analysis or if the most recent analyses are insufficient for Tenants needs, or if requested to do so by the Owner, Tenant shall be responsible for obtaining a new analysis by a structural engineer licensed to do business in the State of Arkansas. Tenant shall furnish a copy of the analysis to Owner. The cost of the new analysis shall be paid solely by Tenant. If reinforcements to the Water Tank are required for Tenants use, Tenant shall submit plans to the Owner, prepared by an engineer registered to do business in the State of Arkansas, for such reinforcements. Upon approval by the Owner, Tenant shall proceed with such reinforcements at Tenants sole cost after review and approval of the plans by the Owner. Subsequent tenants may be required to perform an analysis on the Water Tank by a licensed structural engineer indicating that attachment of the Additional Antennas to the Water Tank does not impair the structural integrity of the Water Tank and will not materially diminish the Water Tanks function or useful life. All such Tank analyses shall be in compliance with current industry standards. 13. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, Tenants Equipment. Tenant shall not pay real property taxes or other fees and assessments attributable to the Water Tank or the Premises. 14. Environmental Matters. Owner represents that, to Owners best knowledge, no Hazardous Materials are presently located on the Premises or Easement, and Owner agrees that it will provide, at no cost or expense to Tenant, for the removal of any Hazardous Materials if Hazardous Materials are present on the Premises or the Easement prior to the date of this Agreement or if Hazardous Materials are brought onto the Premises or Easement by Owner, its agents, servants, employees, licensees, invitees or contractors. If after Tenant takes possession of the Premises Hazardous Materials are discovered to exist on, under or beneath the Premises, Tenant may terminate this Agreement and Tenant shall owe no further duties, obligations or liability to Owner. Tenant shall comply with all laws, ordinances, rules, orders or regulations applicable to Hazardous Materials. Tenant shall not use the Premises or the Easement for treatment, storage, transportation to or from, use or disposal of Hazardous Materials (other than petroleum products necessary for the operation of an emergency electrical generator to serve the Equipment). Tenant shall be responsible for any expense incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory requirements caused, directly or indirectly, by the activities of the Tenant or Tenant's agents, employees or contractors. As used in this Agreement, "Hazardous Materials" shall mean any and all polychlorinated biphenyls, petroleum products, asbestos, urea formaldehyde and other hazardous or toxic materials, wastes or substances, any pollutants, and/or contaminants, or any other similar substances or materials which are defined or identified as such in or regulated by any federal, state or local laws, rules or regulations (whether now existing or hereinafter enacted) pertaining to environmental regulations, contamination, cleanup or any judicial or administrative interpretation of such laws, rules or regulations or any substance that after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly through food chains will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, mailed by certified mail, return receipt requested, or by overnight service having a record of receipt to the addresses as given in the Special Terms and Conditions of this Agreement. 16. Title and Quiet Enjoyment. Owner represents and warrants that it has the full right, power and authority to execute and enter into this Agreement. Owner further warrants that Tenant shall have the quiet enjoyment of the Premises during the term of this Agreement. In the event the Premises is encumbered by a mortgage or deed of trust, Owner agrees, upon request of Tenant, to obtain and furnish to Tenant a non -disturbance and attomment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Owner agrees to execute such documents as the title company may require in connection therewith. • • Res. 1-02 17. Representations and Warranties. Tenant acknowledges that the primary use of the Tank is that ofa municipal Water Tank. Owner makes no representations or warranties concerning the suitability of the Premises for Tenant's intended use as a site for the transmission and receipt of wireless communication signals. 18. Assignment. Tenant may not assign its interest in this Agreement without prior written approval by Owner, not to be unreasonably withheld, except that Tenant may assign its rights and obligations under this Agreement to an Affiliate. Additionally, Tenant may, upon notice to Owner, mortgage or grant a security interest in this Agreement and the Equipment, and may assign this Agreement and the Equipment to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees"), provided such Mortgagee's interests in this Agreement are subject to all of the terms and provisions of this Agreement. In such event, Owner shall executc such consent to leasehold financing as may reasonably be required by Mortgagees. Owner agrees to notify Tenant and Tenants Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after its receipt of the default notice, as provided in this Agreement. All such notices to Mortgagees shall be sent to Mortgagee at the address specified by Tenant. Failure by Owner to give Mortgagees such notice shall not diminish Owner's rights against Tenant, but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Premises as provided in this Agreement. Owner hereby waives any and all lien rights it may have, statutory or otherwise concerning the Equipment or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Owner gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenants and/or Mortgagee's sole discretion and without Owner's consent. 19. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns. 20. Compliance with Laws. All installations and operations in connection with this Agreement by either party shall be conducted in accordance with all applicable rules and regulations of the Federal Communications Commission, Federal Aviation Agency, and any other applicable federal, state and local laws, codes and regulations. Tenant is solely responsible for the licensing, operation and maintenance of Tenants Equipment, including, without limitation, compliance with any terms of its Federal Communications Commission license with respect to Tank light observation and any notification to the Federal Aviation Administration in that regard. Tenants Equipment, transmission lines, and any related devises, and the installation, maintenance and operation thereof, shall not damage the Water Tank or any property or properties adjoining, or interfere with the use of the Water Tank and the remainder of the Premises, by Owner or others, and Tenant shall defend, indemnify and hold harmless Owner from any such damage. 21. General Liability Insurance. Tenant will provide General Liability Insurance in an aggregate amount of $1,000,000.00 and name Owner as an additional insured on policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Tenant may maintain. Owner and Tenant shall look initially to insurance for loss due to any peril that is covered by insurance and neither party's insurance company shall be subrogated to a claim against the other party, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. Tenant may satisfy the insurance requirements herein by obtaining the appropriate endorsement to any master policy of liability insurance that Tenant maintains. 22. The Exhibits. It is understood that not all of the exhibits referenced in these General Terms and Conditions may be necessary for a given Agreement, and that exhibits in addition to those referenced may be needed to fully describe the facilities and equipment installation. 23. Miscellaneous. This Agreement constitutes the entire agreement and understanding of Owner and Tenant and supersedes all offers, negotiations and other agreements. Any amendments to this Agreement must be in writing and executed by Owner and Tenant. If either Owner or Tenant is represented by a real estate broker or agent in this transaction, that party shall • • Res. 1-02 be fully responsible for any fees or commission due such broker or agent and shall hold the other party harmless from any such claims arising from execution of this Agreement. This Agreement shall be construed in accordance with the laws of the State of Arkansas. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Each of the undersigned warrants that he or she has the full right, power and authority to execute this Agreement on behalf of the party indicated for the purposes herein contained. In the event of casualty damage to the Premises or the Equipment, Tenant shall have the right to terminate if in Tenant's judgment the damage hinders its effective use. In the event of condemnation, Tenant shall have the right to any award specifically designated as compensation for Tenant's interest, value of equipment and cost of removal. 24. Memorandum of Agreement. Owner agrees to cooperate with Tenant in executing a Memorandum of Agreement if requested by the Tenant. Tenant may file or record the Memorandum of Agreement, or the entire Agreement, as is normal and customary in order to protect its interest in regard to any Mortgagees. Any Memorandum of Agreement shall have the form as given in Exhibit F. • • SPECIAL CONDITIONS TO THIS AGREEMENT 1. Rental Amounts. The initial rental amount shall be S1500.00 per month. 2. Notice Addresses. Owner: Office of the Mayor City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Tenant: Cricket Arkansas Property Company 6655 South Lewis, Suite 200 Tulsa, OK 74136 Res. 1-02 3. Exhibits. The exhibits pertaining to this Agreement are: Exhibit A. A description of the property upon which the Water Tank is located. (the Premises), and a description of the specific arca within the Premises being leased. Exhibit B. A description of any easement required for the installation of utilities. (the Easement). Exhibit C. A list of all equipment, personal property, alterations, buildings, antennas, and all other improvements by Tenant to the Premises (the Equipment) . Exhibit D. A form of the Notification of Commencement of Installation of Equipment. Exhibit E. Plans for the installation, including a Plot Plan showing the location of any buildings to be placed on the Premises, details of the antennae attachment, easement location, leased area, a rendering of the appearance of the antennae on the Water Tank, and other items as may be necessary to fully describe the installation. Exhibit F. The Memorandum of Agreement (a form of which is attached). 4. Operational Frequency. The frequency range for Tenants Equipment is • • Res. 1-02 IN WITNESS WHEREOF, Owner and Tenant have executed Agreement as of the date and year first written above. TENANT: CRICKET ARKANSAS PROPERTY COMPANY, A D AWARE CORPORATION By: BILLY ATTEST: Regional Network Director Title: V L+j I a -Sef\—' OWNER: CITY OF FAYETTEVILLE By: /i/ A DAN COODY, Mayor, S THERVOODRUFF, City Clerk State of ARKANSAS, County of WASHINGTON OWNER: Res. 1-02 ACKNOWLEDGMENTS LAMA aroyl. e_s , a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is MAYOR of the CITY OF FAYE�ITEV ILLS, a municipal corporation, and that by authority duly given and as the act of the said municipal corporation, the foregoing instrument was signed in its name. WITNESSJiatedaa44,,and seal this day of� E thiA, 20Q_Z \a1••LgNq B S , . h0. c): 1@ EO: G \ < :m n �( State of fl V U1, County of f TENANT: Notary Public My Commission Expires: V° 08' ACKNOWLEDGMENTS I, - SSyy a Notary Public of the County and State aforesaid, certify that Lor1.•n.oep rsonally appedred before me this day and acknowledge that he/she is agr2V elirui( of (` c° pi kancnc Dt vfhlsC. a registered corporation in the State of t( KntmepG , and that by authority duly given and as the act of the said corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this Day of f..)4.0an,k¢f 2 Notary Public My Commission Expires: Res. 1-02 FORM OF MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT is entered into on this3rd day of January 2002 , by and between the City of Fayetteville and Cricket Arkansas Property Company, a Delaware corporation. 1. Owner and Tenant entered into a Water Tank Attachment Communication Site Lease Agreement (Agreement) on the 3rd day of January 2002 , for the purpose of installing, operating and maintaining a radio communications facility and other improvements at the Township Water Tank. All of the foregoing are set forth in the Agreement 2. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant is described in Exhibit annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. OWNER:ITY OF FAYETTEVILLE By: AN OODY, Mayor ATTC ifin ATH R W ODRUFF, City Clerk TENANT: - t ICE f RKANSAS PROPERTY COMPANY, A DELAWARE CORPORATION By: LEONARD Title: Regional Network Director ATTEST: By: Title leVIVALkim(,Cna/�� • • ACKNOWLEDGMENTS State of ARKANSAS, County of WASHINGTON OWNER: Res. 1-02 i, LAVA £/`p LA a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is MAYOR of the CITY OF FA TTEVILLE, a municipal corporation, and that by authority duly given and as the act of the said "\` municipal corporation, the foregoing instrument was signed in its name. ommw WIT1iE 601 2 •.9 0 2 •, _ -, : C i —t : = >c'. r 1'S ):Q z • �▪ ° < P%,4 My �fi,t.liSon Exprre ,4RkAN SPa...„0 • nrmnamnmtou �StlM "" yhan I this 9 day of TAJt�.4,Qy, 20QL. TENANT: ASeC Notary Public ACKNOWLEDGMENTS State of County of icl&tv-- 1, C(ctocv\i- a Notary Public of the County and State aforesaid, certify thatQ a j _ ... personal l9 appearebefore me this day and acknowledged that he/she is 1i.3aof ‘Larrcz,PfriptIalWittered corporation in the State of (Kiancas , and that by authority duly given and as tq act of the said corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this V Day of 20a. AL) k4).\ UBLIC .4 Co tm n Exp sT%TE OF :' ‘'WEE, "2sMyi sLeraLotcy Notary Public • • Res. 1-02 EXHIBIT A EXHIBIT A (Property Description of Township Tank Site) A part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 17 North, Range 30 West, more particularly described as follows: Beginning at a point which is 594 feet East and 300 feet North of the Southwest corner of said 40 acre tract; thence East 101 feet; thence North 525 feet; thence West 101 feet; thence South 525 feet to the point of beginning, containing 1.22 acres, more or less. rn 03 EXHIBIT B (The Easement) A description of any easement that might be required for utility installation. PLEASE SEE ATTACHED SURVEY AND SITE PLAN Res. 1-02 • • EXHIBIT C (The Equipment) A list of all of Tenant's equipment on the site. Res. 1-02 Maximum pad size will be 10' X 13' Modular Cell cabinet is 36" x 35.5" x 72" Power cabinet is 33" x 31" x 66" Battery cabinet is 30" x 31" x 60" Six antennae at 18" x 72" each, w/ associated mounting hardware Six strands of 1 5/8" coax with 6' jumpers and connectors w/ associated mounting hardware. Four 8' posts supporting a 3' x 10' metal grips strut cover for coax protection from ice. 4' x 8' upright utility rack to support (1) meter panel, (1) power disconnect panel , (1) power transtector enclosure and (I) telco transtector enclosure. r:. on • • EXHIBIT D (Form of Notification of Commencement of Installation of Equipment) To: Office of the Mayor City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Res. 1-02 Dear Mayor Coody: This letter is to give you notice of our intent to begin the Installation of Equipment at the Township Tank Site in conformance with the Agreement between the City and Cricket Arkansas Property Company, a Delaware corporation executed on the Day of , 200_ . Cricket Arkansas Property Company certifies that all Permits, Reports, Plans, and Studies required to be performed under the terms of the Agreement have been performed and approved by the appropriate authority. Sincerely: Title: r • • EXHIBIT E (Plans) Res. 1-02 Plans for the installation, including a Plot Plan showing the location of any buildings to be placed on the Premises, details of the antennae attachment, easement location, leased area, a rendering of the appearance of the antennae on the Water Tank, and other items as may be necessary to fully describe the installation. PLEASE SEE ATTACHED CONSTRUCTION DRAWINGS 0 % N <TCC'Ca- c (•'0^D.00' L� / . s 5 Cts5M• E t'C.t �� ef y5? t ;II n 0 0 a i 0 r x o m z C c r m O N • 0 4-4 :g 1 uau ttttttt iiiitttt iii ii iii 0 REM:MSS PI s ow kg 0o mN Wm iWe ltta gggg 47.7r-Kto!��E'i b0 O,4 R; om z A w4.4 :W p0 N (PNu'j apNVO Nt Nc m G c 101; Zs RR 0 2 0. Opkg OO N ke+1 mg m e8C „ T : iniC gg 0 0 0 1 COMMON DRIVE SURVEY 11 S COC]YY V $ 0o-crt HE -17 3';.W HOPE ENGINEERS, Inc,11 203 Lillian Street Benton, Arkaatap 72015 (cntf a_mma .e % .. NOIidINDS30 2 X X 4 a cricl�erl • T e _ e i 5 /1 c<72 /41-------- )(------)€\%.,, ----- 1 ]t- r -'"- sem.—T—O =€`c NgKo q; Pi ! a ma MggA iE RI P444., gpi 517 s Egitigeli �3 �s N 181 !; F 11 l'tg I IiVHS N3M01- ER irg -0 Wisi.p 73 ii425 :2 i l r Ci ocl-n74.0( 79 1:ecq`��., Z ::::: ;3 Z wig 9 pr,AilI 00 cricl�eti • SITE NO. XNA-011 COMMON DRIVE m 6 COPE ENGINEERS N POWER & TELCO NAN los Lul1a¢ 9tree Benton, Arkaasea 72015 iy (5011 915-0785 FAX (501) 915-0' ER irg -0 Wisi.p 73 ii425 :2 i l r Ci ocl-n74.0( 79 1:ecq`��., Z ::::: ;3 Z wig 9 pr,AilI 00 cricl�eti • i 1 ii _0n- OZO� 'J n r R0> O _O ISi rfl <<A 9m- �OVO 0 N n o�x I ZOK f F V bLO A^y9 9 O >LiP- c y y z 0 m0i O ZZ ny n m C 0 m = �^ 4 m nn o H A 2 O A S Z 2 r n o O O Ilrn m A m n O A N O 0o z N N C >y u u Y b^O v; =�fptlZ ImlO oo»n ''fl (A 00fl c�zum �Ar IN o�m NZs�m S'I p z S nOW NRO VnJCN IZ R m 'E O •-Ip mCa pU Ia ORZ� P� m N y FZ T OJCOm 'A1_ �lS VR 1VJ O O sN F V z V s va ' �n r y o o u Sc O Co z mm m I' 0 ti m - -• .- - - 00 A 13 V 00 >Zo C A IT m gmoo ��moc �� _fin •n _ v a r- �_ Q 4tr2 4UZnZ 00% t _< -.- LqvO q I J Z z I Jz ci o C RZz A Z 0o m oO aP� OMIAMO om>N AO wp N O >>1�NM TTAN �>tEV-',N i�OV 0-J z,.3 XpN �t z, zN zo n mo mo mVCA- N N an m_ O uz u n n n O n n N w {Vryi m tat >I lii m m m (s n fi n ff n y �a�O N r N N Z N y U♦; W N r P♦ W N 3 D$ -1 O IAf r m. m tummy o o R?O=r`c� m m nl m m o n `2 z3i c F n r y'7 Sv Sv i' Sv vs z r m o _ Z z z Z Z Q y r n O O O O O y = p C m Z O> N �N_[ n m m m m (A llt 'Z O m O Z S• i r4 p Ali m y A O > O z i so z= v $ R i z °s O y o o r y 0 = Q 6Ye o HJ. DaR Ffl_ COMMONDA o rn T{TLE SHEET 2 Dr, Z ( OO0 -c p Cd) N I C) a m N Z7cD M c HOPEENGINEERS, Inca„iC�er 203 Li111ea Street Benton, Arkansas 72015 (501) 315-0758 141 (501) 315-0700 Comfortable Wireless t�.: I V_ J C) o s n JC C wa O n A 1 O r. c Q i D N a o Z n F C'J CC LP) C O S � � N t or riO TJ (I)> D boo .2^s o.. ... o o .,.LJ) rn zg $ ^ - -' La 06 ^fin2 o o s o (��''2qq •1t �v1 = �NS m CJ 1.1 fl 1'1 C n YO o AmA �1 S A A JO L1 y N 0 p �} T 3 z l�ayzo^ oo �g oq ;g oat Zi, C pp p po pp m �oZO FZFe ON _M*. . ON aN D4N O 11j1 0 Z tr.\i Utla' 1111nnnn Wm {yJ�1lo. {AN Y1 -!}}r '1 Cm� �OG> �Qw1Ub rPJC O�EQQ�Qbb111J? VrC �1. 111111 C s ml.la' mG� 'NmH NVtbrl� y.PO� Cn•,P�C �� m y�A� U �;� =POO;C ft A E _y �EZZ 2 2 C~ v CZC m ' {, rr{11 rc5rr�t _5 �F•1 t..>., C Nn� C wwz;: - bZ> mZ> tlZ> �� 1 Y ��o N Rio to --1 m z it z O (In � � R MJ. WII RkMtSvCM p coDRIVE HOPE ENGINEERS, Inc. SURVEY o 203 tunes Street z Benton. Arksazes 72015 J C (501) 315-0785 PAT (501) 5i5-0700 CY'icV t- Comfortable Wireless I t0 9 C Oi N ♦ to N ¢ Lp O r ti p No �_� hi bo ��g mo $g n O m 'r ;!q h rC I •_^fiqb tjj1j> Hr tz o S��r4i 8 a FC_'o 71�Cn A -fi ff��ll a COMMON DRIVE PROPOSED SITE LAYOUT HOPE ENGINEERS, Ic. cricl�et 209 I.ilIlea Street z Benton. Arkensna 72015 P (501) 315-0755 PAZ (sot) StS-0700 Comfortable W'ire(ess O 0s--= /y \3k » h ®-/ \» I/ \ *'\ .u3* j7 p S 01 n j |!§ _ . \\ >\� " COMMON DRVE ><!HOPE mzo ENGINEERS, Inc. u2k__ Street 72015 r 7. �OM m mO� m: PROPOSED ErPN ���f 0 C) CO cricVet Comfortable Wireless m rr� x v1 - Yip 8.0' M}OPOfNT OF PROPOSED ANTENNA XfST$NG ANTENNAS }22.7' FROM GRADE TO TOP OF TOWER PROJECTION a I n n n x 6 n O > r A p C) Z I : 00 t1 m o � 0 (nom N 0 p z a m o r c)<c z 7i Rl ' o f o z .. IC x' T. > D o c m -u pm N vx C >miAc 1� m ti a N a > O i o_ I GI! - 'III>{''y ,., j'. !P: i" C m o g {O > z J zi z O os om ₹Z III +n rn j O Cn ? r in n z r, v O >' Z O' Ni > m a TI r> 7r f m Ti; 00 >1 �( a O m m n m _A >I U r{ ! W I � ZLH l7 j W o c} �i W } II# o, W o �{ _tt} 10 ci m W W 1 I I < m r' I d3 0(J) Zr� x'o nN d' ygyg G7 m r Of t:.11 f*I -h yP w 0 > { \ Z in x r > r on N 2 ry D 1n m m C) > O ; m Z c C Zr m DOD r ZO r -i O z Z D z m 21?IZ121212 O, P P a, a' p, n(A LA LI L IAl I I u uI r r, V V V V V Df1$ H C?₹ z. I I z t z N 4 N 4 4 {{ 9 5 O ii o X } } I�pp,m 14 U N Nr -c? L4 00000 or' ' O ,.1 C ' � I._. r - u • D D r ti (� N l r r N r It N 8 nmm z''Ni m m {jj, O� > z z E E m Z 11 ... Z z D r r r — ._ -. ` ,e m m m{ C° $ ` Vtn A - O r - o ND. DATE REVISIONS PERS F1�n\j 11� rLTlOttill V 1 Y Zx n EEVAT;DN AND ATTE M CTE"TI ATICN PLAN n z n z nI O EI HOPE ENGINEERS, Inc. 203 o111n a s crlcVet Benton. dr3:e>lsas 72015 (301) 915-6785 PAX (501) 51S -O700 Comfortable Wireless M1 'J 83.29 TO PLATFORM INSIDE SHAFT -80.83 SHAFT SECTION SEAM 72.83 SHAFT SECTION SEAM THESE ELEVATIONS BASED ON DWGS FROM CHICAGO BRIDGE & IRON 88.00 MIDPOINT OF PROPOSED ANTENNAS 88.00 MIDPOINT OF PROPOSED ANTENNAS C.) o g 3 9 flTl COMMON DRIVE x _ o r -o ANTENNA MOUNTING DETAILS HOPE_ENGINEERS, INFERS, Inc. cric Vet ZOO Llllina Street Benton, Arkansas 72015 (501) 51$-0786 /AI (Sal) 91S-0700 Comfortable Wireless of n on on (-'Zn o F�o A = 000 OA m 0 r = m r m O F F, n N C SO SO; q imp \m \m a _Cm 'A'O ♦A'(L� a 1yA S z Z mZ ,y 1�1 Z F O .C G U n Cl Li _ � �Z m yCN =I≥g LL L L r S S O O @0 o or, °0>n nmr�0> 4y�AZ�emamc vrgr>{y� n /aaa n .,� NYI n> > aczoaMg o'a of Cmc���`'c�m� OS2F rr c7 O> zta a=. > c S m"mc to a r n fn S_a mxn on a� j! cH A yi �4so X 0 0 ≥ me mm lq �C a ��0 q=<a t<� tac -4A ;f m_ nsz z m ca t IaA _ 'oH A >� Zc�=aAOO�LiO >�ymm nr LQ�m�L^�n 1 may- A 4'� gini• 2 H >os 0 {i o Am a�a �o�C�C `J'F�Ko�g>i�i�"QQQQQSS`r z'o'oflFAm� 11(TI 1 !no m2 01 no�vctl5Q9> iC� r.�fyy NIQZO�Oy2 �Z qz Cinoo K�Zj if} O C ��NC ~Zr yCl/I OOS� fq ly3` LoO L C ~ NA OA Up gOmin (� m of s f A vcOr, g =j ti ti O m -i� SO CCyml yf S 9,0ti( O HO O Avlr O A rl ym A � aml�yFiq yy�y a� a3 �oO ,l RR}Ngp OO o NQ rn S > Z LI 4(0 o "'�+ a m a F mK m z n= ter vo Lan _ F w i o on ->.> z =F 1 ti m PI F, g wa wa rwscXs COMMON DRIVE rn b HOPE ENGINEERS, Inc o o s SINGLE +NE DIAGRAM cricVet g __ 5tzeat O Benton, ArkeIIsag 72015 8 soil sis-o�aa Pet (501) 9i5 0700 Comfortable wireless SHED T ERA • 0 nFn Q n b _ _ D > o> Inc o C d v = m c c LJ Z, A, n o o n O i z z o z + X c i Vims= a C \ •.... o n o y�"am m{Li C a or o mm i —I m o Sm pF ' Gt iTtj₹j m o g z f fl 31}}}jy N F A o f > m PPC,'FsC //'II:II:: / L___ . / K / ' a oo �m 88j }II+ �� 8 -1 O 60 z "— C i mnr \ ' IO > MF�S3 O >n } iD nod rn v� >no r z o ��/ ro '� o u Q m tu .. II >(n O I ~ \ 001' N �AA $Y A AMC 2 O zOin �tP\ icn mi mn5 4pK >�m pti� by ~�^ ysp OmcF 'i mm ir po me zn > Nz m 7zm <> INAN=m �:�m A� =m -cuc� .i . roN yo�8 mzp� 1 �>'7 lLZ tat o2 o�mo p iA gc V! 00 L -m O t c.. �x of zoNwR 9 0� "'> on ?=Nn ono Ri o 60 ro g o$o K$o i ` ✓•e nrC ico c >o 07 oy^F i- 9F nN fr Gin mom a ra `n 0Nm �� / p iN omda� Qc=ico Nyo=�z f �> •,o>Lz '0 �� NO Oc too :nip O Zy4 2 �fnm � m 0n nc r1> 02pm i_>'oo m Oo c 0 of z o y0 m 0 y zor , (n Zr F• �z oNA o�yg� pw o we �n� N m=m CZZ roc 0n N C �� on o�n o� oy 0— �c0 c I' ov Cc tt mm o 0 60 0 O m z 4 II c 3 W -. u r0 A COMMON DRIVE EQUfPMENT G ROUNDING FLAN ENGINEERS, Inc. cricVet is Street Arkeases ?2015 •0786 Frill (501) 3f5-0700 Comfortable Wireless I 0 'CrJCi2*'19 o N N O j m O1 z m Z ' O I m If - p 8 � k0. Glr FEVSJN5 m COMMON DRIVE HOPE ENGINEERS Inc POWER & TELG0 PLAN r� k cri cllet- o p 20s Lt1a1e1t Street o Benton, Arkames M15 (501) s15 -MS UT (sar) a}s-owo Comfortable W' reless C n� zN F mmm zzc O ppN C> m� zE 00 —0 tO . N 0 r R n o-�n aro Z zF O n o --«-� o n --n n Cl (NCO p � � p ti N Om C vii Fl ZW V A rn I li W 00 Z H Vl� sp N A f1 A p vN I �-- -� �i� ,ISUPPORT i 1 AMTE1twA I I i S'J PPORi ANTENNA c 0_ �iN �c loco z @ (COCOA ya A>p Stn y O A A t SUPPORT RNTENNA I Co o N SUPPORT z > n ANTENNA ,i C I z i O 9 �s ur PPORT ��t uxiExrA p SL PPORT } ANTENNA I { # 1 r tic >s: 604 k ?i 0 C o sF - - C FS ?EK1:+3 COMMON DRIVE o :p TOWER GROUNDING SCHEMATIC I m W HOSE ENGINEERS, Inc. crlcVet- 265 LE E Street Benton. Arkenaea 72015 (501) 915-0788 FAi (501) 515.0?00 Comfortable Wirele2s o�N Own AA> 0 > coi > N• FI 0 O F m n O > i a Rio 1n m' n ' .' 1. Im a N N N 0,00 n, 'N I N I I Io N N NiK Z W 0•r-' • c WIC m miwl�w.nl \ \ \\o N 111II Ii II Iw P Z 0, Z 0 = 10 0 P ti ZZ n n n n n In Vf IA N VI N m U U U UIU� I I0i OI0 0 O 0101 010 ti y - b y U N Fv ZtFii z C> N >r Gr] .n xm mA S �mYpl^i Z SZ^ V1 >v1 "AoyS= AN0 rm C. D6 U- Am N -1 wmm rHoo w� Mz DCJO ➢D �1 m wy czY 0 ZA OOAr on= ZZZLM Go 80aF A0 O I OZ ;< pr z0 F LIF> >£O y�JOc m .LlLI z r. 0 �., m >E 'O mVj C A S �S < ➢ mw0 Z z m A ~mN N 1n r�=R y�z O E xrp m� -" Fx o 0 m m n A 0 G) O r,IZ C C C m z x r n n Ov vN > > > n Z 9 P1> o = c) moo mZ Dn tiA �m �O 0 v0�n t'nz Np 0F0 S CO p1O nwzt m 0 m a0 O v m z 1 ( O V H i 0 ^ I 0 Qn n m> r a ) V o =0 0z q w� p O= M <0 > 0 G m z O T no> z > A p O 00= O = S Jf O A =u� N i o2" G n cm NA� y K m mN V V m imF 8�m -�i -<Z I F ^'nc6 p Lp N O0 Ewa mA ° R -+m ?En o�z m�r y N>mONO n n _° NOC.r�I N AK r wOF gmy y w o �C C, M✓ y0 npp °> >zm Z5 Z .. ° A r a o 00 £ o0i m ~m -< r. i > oz .. F o> on>C) 6oF " .�.. '^ �Z'J z0 or �' v1 _ _ \LE\ -, D O_NA ZG7 ' O C Vi VIn 0 m rmnoo Coo 0 o n o ~ACON ^� w A LCy9w VI I S WZ m> m -°•p� ^� wMxo >Vlw ZmC ' Om =Vfi room t0 tm�. nOAt oWn Iz I. 00�% 9 OCO NJ r0 °Az 0 oDp% 0 USZ>p- me p n C? r or C IC Z (I n O0O or)00 A m C A >OZ Z> 00 0r >ii,-, O F y� U� m .o @6°N R ti tiDZ P 00 rZ In 00 000 M m0 CA 9 A w 0 m o n C Z DA LI A ) O C IA p o z z 0 N Z > n% A tiO s >0 C .. S n 00 % m Ei mo n 0 •'•lcJ) O Z A N > m O 9 >13 = m0O Zmc a Ca>�> m m r M -4 DG) r a in yzZm 'm z A ia) ti O .. O r O Or > z Z?o nz0 ZZ C r l / A- z00 O O = C � C /! J� / p D o QJ •• 7 r1 �J NO N rn O O o z o Z � n III 4 Z > D > c to C) m0mD i o < D Z I n 00 _ z : 3 = ZI 1nz C D o gA n wo s R > ° >_ 0' +�hY rr.yraa i \ OA B� • Z m� "_'C p$ 0 Ate— 2'tri PJ6`a'3 M -- COMMON DRIVE >< HOPE ENGINEERS, Inc. • o D GROUNDING DETAILS 203 LUllac Street ctc&'t ° Benton, Arka"sa 72015 o (501) 31S-078$ FAX (501) 0t5-0700 Comfortable Wireless or O � � P Gl m 00E 00 z o C C i zO A � m Ho o 5� No Q z n D �tT o W o )) y ^ 9 T NZ S I n ! i Go 6� toy nn 9 4 - Go A> F n on oS s cx Nm Zr, p S n O 2'-C WIN. F^<rl 0o CR FO T CCPTh tzM o p s6 z �F 'Coo r • 0 r•Om T c^c Z2 K no m oT u 1 LI g cr o , v 0A oz r Oz Z ` N nm 'm 4. � rY IJAACO bA ffR �9 n) _pN VO tr C S0 -10 1 0 Z OF ) na N z � O qN n °m r r m rio 0 r0 91-0' 27 SlUMS ririflwn c' u c'IA y •• P1•• 'c% A ZC rCr r g� y i9 CS r' O O N > - T A C >o o O O O H z_ > w m F m K m o O ozp0 2 Z 0 C F, Njn pRn 4 N ° C z N >r 0r0 m to A .mw Co c oz m0 F, n t U I& r 0m mNr p 0r OCN C ZO zZ < nn K -, G r -<c u q i of Zr > maw r ti ,, !j}y z� Pe rn m C, Z> 0 ° ONN cc �K Zt S C 0 n mt z F�j� n mN H 1n rLl6m 0 z ti0 Gm • Ar yp AO CA1 fll SkL COMMONDRIVEP�� ff - B0o z Ei.ECTR+CAL & GROUNDING ro r-*- z09 > DETAILS �nt o (Be501) C) ENGINEERS, Inc. Cricket' La Street Arkaanan 72015 0786 71 (301) 935-0700 Comfortable Wireless NJ I XI m z T C z z z II �o SN \m ♦r, R 0 4 r m ri z Q z C O C g R A4$ ho. i G.Ri9w 0,41MCN DRIVE x _ zo c-) HOPE ENGINEERS, Inc. 205 LllHea Street Benton, Ariceasea 72015 (501) 315-0788 YAI (501) 31S-0700 MEN7 FOUNDATION� PLAN fv cricl�et Comfortable Wireless C 9\VO O� 1 1 m0� p p ZO =0 jam— o , DID Co �._. A O>O r y . o 71 • mom w •. yp 7'-O" (FRW4 CABINET BE) X x Gn D ti Nn O I, H, �> VVV� N Ci mZ A 3 m O f} mp� I O sos tSn m zno c me > C rO-t' S vs 0 0l If m O £ m z "-z 6g io = 0/ 'C1 x w Cr n > c ^ 99 yK �I� OYA ti_ ^ Y ` I� n cn_o 0 Zr O N Y 0 c ?� \ can i VI tinA CZ 1 ♦I� pc C �v'� N p p p �Sff N �Nn I - I ,r-r.ZyJ L yy, yyOm nG N E≥ C n D CSNA O� O ••\ ' OA Nz ''OZ D \% A mF-,coo > oc vn c>iCnz C �_ •\�" �'> O On ,y 2X2 .l1 1r O Zr,, � S < O O n qp Y A C y0 O 0 vg Gim j�.Cq^Cv�Io S Of filo yy. ≥ c�i O'N sx zq� o l O o w T O A _IC a v IZ o IH m H F Ot T u Ny-m CCCOy C qq O N r JJ 4 N y m ,• ® 1 D ;I� ��'SN© � �2 T� I C 7- ZA (7 • • rllllll n- oy• >zo za n> ► ^ ! . o _ or O • • ® ..® m o •1 _sco� 'er o rJ 1y 5 c� •.• -- $ tai , �I lr [' fii . li N~ --I iOvi Aob ao3C v O >E o 1Fi f in OR im`m'oiA y=C P Y „ r V m ILp oig2ozg low o clv+mmn�o •+.0 ++z }n b n �'Rj m>> o>s ♦ 'No�sFo �n Zz>rnt �S I"1 pN X X !�•c0 pnir> A,�Z �r9�scn 'o m tzn z te1 r ('' p 1 on nr S E~m />�nowoz f�yE „mSA r.C "10 r,,- NO O r��•iO 7 09CJti byy TJ pO f N f"I ZC m O O A r-Im zmJ �O Iy`}N rl nn O OC �i IM1 Z<AA ccOSKmn_ ZZYY33 < C A n Z � rm> nm mY2 Y m00 An w ti m�n Glz>z vrKl a:o m r bo Ifl r, IC — ti rC > O O rC _ • COMMON DRIVE nnnnpp pp T N COAXIAL , m HOPE_ENGINEERS, INEERs, Inc CriC�e� o p 203 In, Ar Street a 10E8R1DGE DETAILS �o (se1) 51S-�o73k8� (SE)as 13k5 0700 Comfortable Wireless (� y W V P U CC�� y> N - C) V W U r A N + }I� mUS�� OOm FI C n 9n ��Up 19.10 QZ VIO OCL- Z n00 Z p cm ti Mc SIIO�' xl Cr, 2 `^0� Q� npo z -x +m X0 B yO} (i OD mA CJ f.IODy m om r JQ m,CO ZE r Y =O 00 y m >y6E� N COINT S A�AVI O[1 H^i .-� A O N n oc-2 c o o pC ��^ y<T ;fl fZ�. F S A VIC Z2{A N S+ y� g-i A_n _I iO V'f wCTN A .09 47 Y r ;z •m ^.� O� F G A Im R m Ay nm O oNo c•m n r Li )t y S o o h ya (•ii P(1 B � KOOU r2rt0 JC{ S �q5 Ot O'A m m G'+ YS IA O Z rn Az z v z2p vl" c �S gn5 �iF zii2 FoF 54,0 �gm tnvyi3 Prz nom A d L cF� RRSly'o .>i NNT Fi 5L>S"^� _ zo o�2 cm�0F: �i Li R 5 O0� AoR{s KS 0RC o0 Fsr'%w > N ^Q� 9 o�nyN P p o VIAC� X yI'� 'j 2 y ZZ1 S� Cm g3 ' y ,n Cl2 p^ DSy ?M 5� CC.,ZOM�� 111...111 O-IICO3�`1 Ro JCC m' m ^ nr+co,8Vjp�i n�M yOGi '9 s0 Z Q FK Sjjf�� N �� OCtZZM1A +f A9poa mw C [�php; zZn� mCO yam+ Oy >P �Oo A£' �O Odz Z SM I1a /�////i�� t1 CICv 9 1'1 In SF Y>. !•Ig Cjj �C>ni m �� R Q A�c On -' 2 p$3aU {' - O Qyr .ypv-< O S('f N N Pam p(47n 0A NN a\ 0 yyynA�•Iz '� z y} Y , � * _ * i>4<: 2 `c'� N r5 �i £ e o2 m �Z Z O ON�O�� ¢¢ 7' � nn ii A O VgSSI jLMFi > V N n N j N .• .• r r .. r r — Q = N O P SD V P P U + O �9rio9n > O 4 O a AO >.O O pj 2 O S G rr eCS �I yC ,y > }�p a > 0!1 y9 �•1 y (n� . ''oZ F Ym vO O y < m i Y .00 I'1 R� 'y'9 iG we S S O (tC> 1Z� �000 tiIZ O+mi >C6$ i1 f1 w R�y�A y9 ��� N J4 C Im m 0 LLL O C I O y �1 p A n p 2n . 1n per`Pio z1. n Sm� ccc��A Sn n1 t•f n ; �O (.1 1 Afc G� +1 ->>i `pp Nf22 om ZZ' Z Z n� A ' 8" r0 aT S CpCµo_ S O Z -. O �5C yyy AO A P �pSm yO z( r� y] 11r f AOOo a O NOK O �Aa llj Q2Q •>�. �{"!I N i O" � {"IM 2 (0 m {�YF ]TO 1m 1 BOA v o Oqo; v>f M yCf �.I'9�'1.4 Tom+ •f -p1y�1l cN (�T�i !�i (J�p oFo' .-. D ( {� yy : : O'Sm o O C 0 pA R AE Znm VI m N C V -t �x P Z=o n Erb to :q� MI'] O{� C <•1 o'zL 'r O2 yOimn r T n0 CY' gi rl ^ O� CF,1 SZFS YF$i a^ _ 'Ll yv°Im 9 9 o YN z x ro9 i :: m.� 4j $ o x nm S� w Q m � li Al S r 1 .R R Sri n1 ) .Y Oy �l _ RR/.�� � + m� � •1 `r� p }� 1.1 j"{p�'}� )- Z � (1 miZ LAO 6 >8 S n LNO AO 0 00 >O g 92 11 n O mil s9 2 rVV��� Pooh OZ = S j p�Ana >Om o CT FFmO O� {CCp� yq$ y� '� SCJn ` y m Z �r1m 2 ZC Y l' rC1 V_ NM n! A≥ y�prymt 1 n 2mA c 1 EB F CN Sr:0 �0o 1m O OO. O O O 9 O m S o� I z x K I mm on 0 6 [ov n } n9 A O NNCcC F 'O �C, T O m O n O r O O W SD y A m m n OT O m "mY $ XRti" ' i2 A Ti" omCi A C "O≥ B m Trn z vSS my ".� ^ n n V1M rxnz 0 z n o •y z�o$ o v a nJ m Z O" Z ^ T Nm m A 1 Z N 9 u v o ^ -, C-, vn mC r m O� rl� R S 1- Z m� CF> OS -. y� O �.iZy Z2 AAO AS IA,fC Q� ID �Olm m -O � .So ^ „mO ri 0 •Yoo onf OF vl. yv 1 zCC �/1 �NIT Z OOZE =ip Fiv n F "v' F `� =8 1Y• n� x^% SfPA do ZZZi- c� t ,O CO� D Pc' zvnn _o a$ A W=0z om mo o o0 oz of+z I �� c�cs mW •n 1O rn .- �o r o Zpm Ryy �} z R In n < o t n� ZZ riC C ytt F r1` Y S$ cy UJ N 'O>00 >ZmnO AY 1 O pl A� OC 1 �= Dion 9 nN FZO _ _c mn roP1 i^_ Js �o > 1.1 Z.F tE NX f >2 rmi '^ g1 .. S g {�"'�g <i• O \ 5? -c oti{� AI oZ E'I' m'^ s{=� Ino7r� z f1 �nm� MLx .i^z Mm z• c ≤ po n i z g i .A Fnc P1� 7 z -Amn zn �Ooo^ L uli H^ iF +r z0 LS 1•i' >� >po r o, o o"A iz c nA YyA P n n c0 m OA $�mm O Am A A W >-c A n0 gi z 'Qm�+1I'rl Vl M;P'7 Om E'2'� -c A8 OP O m A 3 Z 2� J � � o �• VI r n n F1 O PI• O m M pO m0 mA 2 O n n2T -� �tzOW� nz iron IZ o� Sv' ovi my c^ m vx r n 8 �A a1.8 0 Fm a ]3 $ _0 my >Om 9y 1 _6 eri ~ Q nr 5 Zr C 9 A 2n �O iN m �N WO >nm m 'A' Vft O my O Y y �vOA a - Cx o i'n ,0i z. 1� nQi.�ii Ac�F $ 2 oc otA g yF Z I'1 .'nl "-. A i>i • 0 f7 Yo fnao >. ^ •Cm .0 Z m0 �'gy m • 0 O m �nz-• lm l iw 09 -I S•1 > r 1 or.c n 1 O Z� i Y m oA Z 0 Zm O O Sr0 m4 A ICI) -I • S{G47 , ^ > A PO > ZN �y AOC a R Omn I.1 nZti (� 3.1 Ooyo pS^ omA l06 OE CJ O '{n{-� O Q O n0 .^n �� 0 y � aAsnj =y 2� p�I �fI n M�i C4 O A O p0 0 OC 6 O•y LOOK 2 y. Omm y0 9iO 2.IA T1 O mm� Ft Z +L� O AO1� ESO ^A>QQ O> T ~O AA Z�q (>l4A Ar O >c>A> 0 2 2 AN Z M�.<jmm .\01mp� a�1� y' �� n 0 Nm m �� RI VV(1I Z'Af O• m > =p Zo 010i'.00 mti A •i L1Tc S ^ (n�> yoOC FA lE •n g m0 i 6NU m z o o L o 0 o in n P '^ 0 A FS O = 00 n , O r I I r • s•I xEwBcn5 d COON DRIVE, HOPE ENGINEERS Inc. Z a GENERAL NOTES = c�* (1 C�„'f'°' 1J — o 1 0 Be on,laa Street ` o z Benton, Ariawas =15 ! o (501) 315 -MS FAX (501) ats-o7OO Comfortable Wireless t n v m N i u >> v a e m a u ' N ai >� oNZ ni zooys�z O>+i� 0Oiozya RoniS -rd o"'nm Dyy' On oRm om 21romm m a �Tmr•f n nOT O m 9 LmlA L o5 >LEC Op -� i O A r CA y Irix C yy >A y'To T S�2Am Am F>° � z 'm Oro p$n mn ST0 O A o3.1O r'C n OZOAn Ti0 O TC OA �Z �•sC0 �.+ ID��O m T ryO ZYO p0 pArn O TZO reer�f. O A s O ,Os r� I� r�i �n ((( nc JpFZ r<� OC�> N u!-1 �O m z m nZprZoO A S•r� O g yy O ��}} >f� � 1xUrm Wn �0 iLy N O v� ��-_ o y> �+ � a N z z lSor 0 3 z z =x am �� -i�A Z O NS Lys T < Tr C CZ1FA zt>l C>OCTS OAO ai 0> ZH S Z' N> S Z� m r'I 6 STS 4EA≥Z y� r1 -SO NO• L9 N Mon n Z -i CTn Z^ `ti O Z>>n ym0 LLL K�° On T nf0 y3�1Q fj O iST >m ZnZS 0 N-° NO !] mZ p R3 m -I--I y O jA fY^iTn >]�) m tiA n3] y₹5Ex ti• A_A �°ZmA^ �O O rCY ° >mor.tD !-Q O y4n0 m �r0�_�l r�� y FyEfnZ > {� 2 m S A -Zf A p A -yA A A yA A S n� K_ .O ON rein mN NSmy N Omin " "A FGA? 0S %<^ nY-O mN S�vE N i Z= 20 +1_ Or �2 no OID Zyi y�OS FA Sw �n2 9ry�> min•m N T n A LA O QQQ p O SZ> n> n�0� LC_ 00�12A> �yv• go. iF"c OOZ� Cn Si >ir FoF Or yov zF yyyyOz, �YYYo nzF i nn < mF ono @3F �F ; N biz�3m DnzlREc vA," �� m Cm E0 F 6e. NOC $�nm cA?C �(m R= 0sb E»�. 00)Z KA9 aS �On CSR >a�C 7� r.tF ^a n m oo c l?AZA D YA o =5 7-oZ � � m -� F ID »• zit f § c2 m 33 z o oai Q" c°-, A =mazg ym z � �->� mn m� z£N s ^ G• Sc Zoo- nom°=Ao9Qi"n >GZ `a>r c fl n�S>Cy ₹ 5 C,).'., r- rA1z pllo mz� moo AF ! .j-1 A O nOD JS COS c�Annyr1 gn S� mrryG A> mr.> �rS>yv 9Fm AS�41 �N yn yNZZ`OZ nm >R S : yD}� nsS C Opz OnOm m Ec Z A�x2 ^ A i t�} vi0 M -� �y CCO 1 m ti •l > Z2G_,ym CC nmrr O //��{{NO O "`11141 r r'1 ZrZ NSOSK ,' VI N4O S =K9'C Ar•� Aggl�p Cam« r °O LII Flq W• c o r O b AO 0FA f5 ; Io D j > mnZ yAy Z2�Z > D A]flac'aG OD >[Z z yam yAn WFtyml O{ y 8�AT nCl i©<� R^� ON2 CC0 yD2° TS A SD $ ypA y^a C�(•�� OOy•.S0 ..I) O 1'IS OR F T C C yS S RZO 00� O0m n mm� g ti SIN N-- CO 0 f,IDO z0 ≥ n�[J� rr11 �oeegq0aAr� Ty n C z ;?2O F r' 0 1A2e $$ < x > Ec2� �' �CTzrz p z W S ~ >2F~> KO" ^qm> T1 °• y � R Nfa OT f'i 1 0 a F OmR2 y• 5Z rn° C)2 �0 S> O r7 O m TAn AD < om o z z > {� ID 00 p c0 O m > a� VI r b i F Rn rrrl JfA oT� Pn AZ O m>`1 D ym ATF n l -- or GO y(^ `y'1 0; y p PF 1'1 �O S00A m-1 Z 11111111 ZO 333 F n p o o t N t x �. m 0 b r. 0 m t m o a y 0 0 0_ ,� ° - ID t N A > O T T H 0 8 N R D >r Er =>n0 =i pR to IAm or,f(___ flN rr `,`�Op y� CN b ID A m0 4>Cm0 K I'N m>mj Oym Z ^ O{C�1I -1 •j�� E y r•LIC r> •i ryr pO>Z rA Z aayym 2�rSC/�,ZOOmR T Z m �nn C pD>� N>x n Cn 1j(p� > FLAW P Y AA F TO ArJ ZN ->iA�O Y1 aO� O N-, OA>F yyA Ci NO 9)z)zA y rCC.ln A n Q'4 �F > >V>'�O •9 OA IA gr4m _ 00 r;nC n A O€ {� A�n lyl Do> yll0 ZD O F (n ZmOO O z Z E Z m m Z rrr��nrVmAp �y Cj 0s,T1 'p $ {� �'I N O< •L O o c m �� pZ iyF� O �� O�Ohr"i 9 n AZ OVI0 �.�� O Ayy��� -ipp1.1 KIDD "Q' ,y>C =0C N R 0 0° 1 x fpA ; y t m Tm N z m 2 O yC.F T D 4 r < Nn AF pRRs A na "4Yr.� mOf 2211 oy p °rC'rN A RO n < A o0 FCA �io n �fOo Q Vp ON Am ASFr m >zr W 2 M om .Q A y0 Z Not C mRS C A A> inl pir^'i n>r 'F"CC °o otv e"J 11 oo ez ii e�iz zL z c..om.ARV mm' 5 • 'z> �n o a AJ Qn R02 C c r A O C [„ O 1 On > N Z nM CA -<F mamma .,y..F 9z>> n m<A RAP A pD w oo >n cmv O cpz�l 00 SATA +1 0 ZC fZ]H >Om> _ C y20 a c z�.� " A CC zp mLFm C c g m vz m-1 ti z1~.1 m ti?1 oom�l �n1 0 oAr>•+ 3L: sco z Ark C �� ..IZ p>ya o J� Z^ ox Zm>> f2 ti00>0 N >yp ?AZ Om}C N K Z� Mm 00 Np NEnr �O m - iS K Zp zNm -IZ �Z E Fma 0 <•1 GJ g >zc �mmymyl C >> Ni M HMO o < FOri VI ) *— O r 0 n A Sy RCS A-. or, rr'•n1l �....I O m m m X C 0 Y 0 0 Y O A n ~ f 0 o m S Ni CI s r rc w. f x o [1 O m t m D n o -C-to= N>N t'rA O9_ RA N ti_ 4 X mcz ErR co ym_v zz� > zoo m S T� �ioE i �$ >-.c D 9 $L �, VL1 n y yy rr > ^C� c y {Q� o m >An ID S �i r yy or ZFF NOS FY �1 9> T•DR yn COSH Z ;> �Iq YA NyO AZl Z ^y A.� SU�A'f ° � y�Z !� t2'f \\ �O�mc< y , N A O' O ! ti (� N C> PIr T O y� I� O A yy/ T A S r ( ≤p NNZ F D fry > C I C"m < Omti O ZA T mu, y fA 0>N r OY> 1< SON Sy T ,/ A to nF >N>m o om X` 2 r zN >mqn vmc p >> r�cm {i4q t'yo m��u yo ° nppp mA v PM /ii// ^� zp A`Zpvn ~0n A A=n O wZi AD Z> > vvr Koo .yq Z2c Im'ly m °yqm y> Y Nr _ �r<c� 1�1 A D N N Z2 A Z A A D AC y ti a T o > F y� c O O O Z O S r ! i E }O>C SCA O^ P SYtm C° >. ° �1yrin zO -I {q N� F .T C1 Op g$to N . `b z EmN Amaz Ha }�} >> mm M 20 vlCr m C X204& vAR..ySy ,>yn �..'I F 11 I.CI mo O rr� NKF 1�9Ny°> =00 S �SS AOZrzt Z�0�1E A �" O O O TF O@N zQCp Or•�pY pT� > ypx A m fV3�I "imr z V1lZl r•1>I/i w - 4 S r.�+1n _ {e�A.yO /� p+IF fC Ir18 tOt0 !'I AC ,p r ,} rm02 F.$1 12. Na�yy S L•S i Z',o An 2OCOH • n AAA aA 0ILy n. {m�� >>No = G� CR Z mA> •O A 55Ap r9!>'1 Cm 000> �^> �^lv �≥G VI �_ �P Z W> 0 Z >O I•t .+rn C O nL�.yZ qWt qy° A CO cIZSN m S(nE > C zo1a i>n t o0 0 o�Sn ooN.,l " m tmt>c fZ nFZ� > F o > pA g OMM •mspF Sz0 �_ yy n00 mIZn ZA -1 55%zti rat m p z D > b>O D OZ A • =0 IC m <-mo OOA Z Zm oT tiDS C C Inn A CC'1 C_Ap a�^)om0 v� i45 m S< _2O ~>OI.I Vi $�l.C [nr �n fnN00 G-ai<-nl� ti .O h1 N r•�y" ZN§12 m � >nr C0 A Pt qmy y/I -'�i Opy-�3C A N rnA C°In 0000 N Ny�p�VmO DOIO �>N nOR� > Fti r��i0 cZ'IDAm 40 ^c Stns L�p FpprT RS�D �OOONN FaOA yOnz mm OS yR N p RO A n>m Awa �m Nao OAm yZ yY Sy �CIAC lum LEJ >�Arm' 1111�1�9r1111.-Z E sm KTyti> ≥ A .O 2rt RO Z Rn mi0>zy Oo �O mrDcf C 0O$• > v `off ma p 1r/ni�n5l < FTn ^ti m•� G c ®z o_n m� n ^"O0 CE Vf WO mm 0 Alen O C 0 '80 O°rAlur m 5A• Om g'r,l C Nz OC ee t�QRny > Z C > 1/i mv,A D y oio °s c ono>�r — r A o A 'Ph IO ~• x N m n O F < ~ A Y F m z • O b t b 0 n m t' N t N O c 0 n >SR E G N ^m QG �nn ,�nonz R>m - :� A'oA + nena rib" �'O�in" >c > O LGi N N 4 mN " -+ p O O AO OSA OF yy om 0A.^I 0;}g Ayy E N 4 V °� r.t C +J O pE 2nt C> <0 mA -mS an �O -Og (Z� N tl 9 Cmm O a) Zm O Cy+� = rUiOC z i00 ymm SO itlDo xm N C O r,5 OLrTa> nos Tn Cyr p°4 An >>pp Oy Cls rp� ; S 7y0 Z p� ~ mi 4 a y7$ Dpi# _.a �N >� 0C m mra mac O4 >0 rN A- OIN a>"OV>> OZZ ) OA RT On 00� ID O> �.� r'lO CWT r•ly Y >�b2 C yA Rf! Z O In 2 LI r>� moi 7 p s > %' �•'yy�� c�. 'O 0 FTG h e n� AoQ"° os i nAC m 0 nm. R oW IynO Z n A Z � >CZy� cOQZo O OA -m C�Znm C r O ti m RO F t o a n N M> A O rx V > y t D �Z ! N O mO a A A (� O F O 0 0 = A N> -©rr� >m Nm Nvmi O Z) 05 rO(nil OrY'ps Vl m0 (Z'� = p1 mM1 M= M. AP [y, U )yy .T yC0ZN.Ym �Si� imp D>4 2 T §,�+}� A p rrrm�rON qr•� SF• Zyr " Oo >P VI% Vl> 0t -e' �COZ OOr R%nC l•SAO WmX !.1»n CAO NZ py5 n m+imm VfK y6 y •p'S 5 O >Zm m02 • C iqZ >N W p2 CnET >o F y O < yFZ j'�rA S�• m S~ bnpyp to ACm AAA>N O > N m m• FzR omno y 9 R>nY - F F= RA9 S m MS E m �mA VlnmD O ° .Sg Oz ml� FC v0 G"m FOh�� mZ >o p r.•rmC nC CC �za z iJEOZ ZyOS i yzm O > A C V" ~ S� K T D 8 0 2 .O 0 (>�r fl C n0'p Az]{grY�O O zmAp ,i z rm m y r>- Cm r^ AA S S > N R�aO mq O> YtAIN nN 00 ono S OZ O n m fln Z r om xA O r.1 n [y�7 ao•�0 OWL om &ZN�•.S1 y> rS Hi 02 0 �•Vi "N Im M> D rN > D na Aoic •9 `{2/1 690 1S 1.1z ��•tC C N .b _ JY Am nA > C Z iJ nAn m° > y .9>C O• 0 OO nEA r'r �1 O O ♦ r0 AO ;m Pt OA Oy Mmm yO ryAb"�0 �A yAm y1 m� p1A n r 1� Z 0 A Zm Sr.1m Win A m> n Ni 0 Z m O ma n IA oz CD y, � � N0. WR EIrA�rr5 COMMON DRIVEN t $OPE E lc' et� zp a 4 GENERAL NOTES o H I IIIIOn Seet Inc.. treet 1 S _ o zBenton. Arkaanaa 72016 r (501) 315-0785 ?Z(551) 3t$47oo Comfortable Wirelezc n N O o m F S' m 0 0A L4 o C z C r? r z n a.4 N no o2cmA A≥ ≥di n�gn> oin z o�� �a o8 •aRRz >^o `m nn �°0 mod F Jr> €D °<� C CYa' mg `" r'n pc9 ?�A K<nO E. 6= gac Roos'+ ≥���1 2 cp } m�o n n m>>n rr> t�1 r Kr> n n2 m M 2 D N nn Cn AC N a b2 nC i9 p> •-' yyl >iFA NZ rm C. !'1 Oy y 0 •r m nl N 00 N Nrrm A_y yg ≥>O >,OpNO ''9 n'pA 09 A> O C C t�•S F �j >-. r GZJLNArC Or S^ 'JA�y FAO yW .�� b0 fZ�S !'1X ti sr' <�n� O A tq rr�r0 KEA� °DSN N y°yy <A> ZO Pm S S f•1 f" f•1 F ZOyOA Cant Sc >0 ra /iii Z>On mm j I., $A�y n O nAl�l !fl ' N!•i �� ON9� Gt ��Y• ((''ff mArG In p.•I p>> > e m Cm y€O r i H =(A)1/i;r �2 0' r F l A 0 •' F m of S�F Am �_ �' + o c»zl <£� S am v'n'2' i t r F F .I z " F L nx vr�n c # \ mb 'gn " N vC n90 Z H o m r o r� An ✓-' FI2 r� +-3 \ �n m �i A y r $ c o K a 9 c w ��.7% n≥• z'r"i �x n T� �nQ x oA r Zr 7-r tL't 2nn y TA A bo c o_ v z C nC A m r�-ti•� r+* ti ~0000 aL� y I•It O_ L y n < n O • S V/I�',•� A+ ,t C�OO= <N IF i�VI m� m P CZ n z A m� 0 a N< yy VI� fG s +n O > z �4 �f Vt I A60X nZ r� }V Vl > fl I•Ip >Z }O�1 >A T 9 y� Z pH O y y O F ry �On C m OO r < A •A Zm n� O o >0 2 m "� Z •>r m r•� P4 m 4 o mm n m t N a >',oE n� rn > ��oz n Zr, OrmA AD >Z f c r fJ Z m O Sf " S A D v '9MA> cc-, Cr, Ft n O AOti ZO n O b M C A1>M m nz0 OCO= y ro N X = m-nir" -a tin O��1 -o ,.n on yy1�A 0r- 0 y> r= y>' 0',ZmN _y Z>C n N cF n Gn > zK n moz on AOm p " o0 mWQon In 0 o pmin �r A MA Zjm�jli0 M ti Y A C ONi n C rz£ Zr 2 (1 0 O O - t No O0 A V U cn o § - - lO I T ZO '0 C O r >>OHN A N D 4 C Z z K bz z n 2 > S ) r'1 OOAxO'�-� VI��i m m r1 O t->OZ� n ni In F c o 00 zn SO n n yl ZOI•� A O-Ozc r Z O % Cln Qo'E n rn �p23$ rn O O Z Oyz•J% N O O p>A- 4 on z ruin - z�^F mn O 2n oonIdz Ln2 VI �Z9�Z 1 o n��0 z i c n A1�1 c A O o n m y 0 0 N Z n O 0 C 0 o c I^ o ► rJ m N p m r u N 0 •.Iy nnaVlmnCF�-.{ of =�j L' -10'•'A 9CL0" ZS ' 11"11 !'1 r 4 ry y NOOy m OI n (,. r'L Zss uoz f•1 y O • T ^fl Cyr YSO C AO-> tilnO A+tm n^ b r 2> 99 n>o V{Z �{ �O K F m m ME>%n 00 Z Z �i m ZJ ONS ^�<<nOnab>Z > y C V Cn"� U L Z 30 O>W t C =S r� i^IMmyC� n �l'3nC�"'i VI ]C O�n O �i� yy >CA C�O"1 a C FO p C -1 CO OF Z �'m� ObyA= 1'S 2 8 nyyn m > > OZ� Q n_ C ) m1SS•IT ' L N>> S Z>g$ m a A Y i ≥ O} o n O OK� FL C ZMKnf00 rXy`� Z z>> Z OCN1yi nC `�£` ?p rrrTTT>t �'�m m 3 ya 0 n�`yyor�i n e�y, �'• nq .�z o oc z=�''z z z ZOnC�-��/rK n n y�b9 �yi 9tiA -12 90 6 OZu A > STS~O€T m. F f/Jm A C �Ogo OL O n %0 O O- > > n in n �o -.m b"'� is o c C r� �yy�qqu c O�mN,y ymy NOr A o.1 S nb pf7 z o > CCY z NC J, 1A•1 C <'+z '^z< Nnm :^z.m Tt z "` zonzn A� g�T 6i� z - �n rz oO(1 v n. N" aC M- N n A bQ o m 0 n v t ps9 .. .. zX A n'�� ran vo �5 0 vl " 070 100A z x' r rz o y L_ Vt on^momrN. r�in3 �z ZAF 6 S`S oo r+pp� mP �Z yo 0 oa z z yx --',d c I '2 pC mmOAOZ "" it 3'151 rO•t�NO N AT_ ..� y'� Ti 'I' 9t >O Z O -. n O' A y nT�-p n O Tp,A ZZ r a m"1AZ OZ A No f0 NI ^C>0�AyOm V OD4n tl 2r'IAmZ rnAESn�m OQ � �•^nS O Oo Or,S O n O !1" (n'_� is OEE y iCyrOA n r ZG >z� > �Kn+iF a 1Z mm Q A Z » 9 y [ O�DA a axinzy'�st�'�jmyO Nx N LCl <� rlylc—F �r.1 >>X0rT990F^"�IAyFi Vj•> �>�"rt OC lOn O oQ r0 O !.'>�=y y>m$F V OAT A rim -1 nl/iC yn ZO ZnIN 90fZjn O>mm+R+{{ AX •i m�>l� nF O.-y=rKy 4 �9An _ )0CmN b�V�>0n>AnlT1Zj NK O ZAZK 0 t•£J Opn y0 YQ nA OOA Q > CO 0 E 0 pL yr yZ TCZ�-NZ CrA CA i•t 0> mS rn mm n}yy}�� O py Z y A- A 8NCC O A 0 �O_FTT'1rR'}IN-OS >n n [s',� mMo_ Ay On f0SZn�G1CS� =z� A A> >ifS �m�nF, — .z ZO oo Z 1.f0 Z A�®mO m. COZ �Cn> _ > m o>Pm m 2CA Or, KLI G'K Z �z�OK o� m FOy;0 • r z Vi m M A y ? u u u 0 • 0 a nor VGmC MMC T j!! O0 AZOn'A A x �yn� a y-iQ r10 ZiC OyA >Con Q�+n rl� OOz fJ LIZA C (p,. Ati y ZO xm + m ZpcK-1 �p L�•'z7 ran nL� m�T yn0p yN 0 y A MsnXiyf =00 OZZ n AN �ZZ S>1on K o 0 0 nn i�11A �ip j50'r y� p -OA 3S5 yzj02 n goy z y� Z LAp %NA a m w n 0 0 n oz 00 z o� r 0 o 0 o t u n 0 _x Lu o �xy n•" n TF z�n(,>. n n in i(m� yy>rtl r. Af m>Fyyb pyypssZ�> O> m qq Onjm QROJy Mw�n� <Ko~IAO y CCo OC my 5?�Q Cn�ciF g ; n YON >yr'wrn'tK �A S� Ml� S yb0 n Fm> *��fs 9c>° qoF tj4 g oz=p o M tlDo z A�5 fnaNyC2 C }� K N mzO ypppl ym mn spf o y� y own m y�1T{ >>Z.C-V 11SAA S� ,c [(rU••Z[ZZU DS .ra. mohhm" '4 z > O NLR22 Z K O m�y _ iIOCQ 8 A AmyCi�n p' 7tZM I�y' n 2m nj O Zy f)y.lz-mx 7 aDW{>�1 AmbN <nn A'fyz qDp N Y��y Zlii Q 'niq SpO A m 'tlbpn O O tC 00 y >Cr�i�p Or% 2 C L A AAG=CJ )O FS OF A' m S A Z m A O a?' C A H^ m 2 N t N F o n m t N t ry 7 0 0 O O o O ♦ Y N fl J _ ss L{/I� Cr` FE N N N Inn> _ r� EA + n +1 1 > -In n m m N yn0 CE�'I A OrAZF� �--l? zm mm}NAor ..1 !/I4 a�I p y 44- mO J m 5 E .� fl, X0= to OA A Z' SU1 NZ Zqq GZ- �Z2 r y y N vn iN> �' m£ n E O 3{%i n 2 DCl Cl yyam m Z! N 00 IF pOE Ni.�� O C m C �-.'nc Hz Rio ≥z cr 6 zfo^6 vbrn yo czi z>� z Z �81n ff o IT N�b`o. _ .. zN 0 Nzr ZO Ly,o x1 S CZVC nv£N Z 00R�1 P(S1 ymm C �ZIHn yA SM GM j ->i Z 0 i p m 0 n Aj cc O r O= C O & IIiy E 0 Z m go 2 0 9 mr A� _ O Om -1v mr� n -if o- n20 Omm w v Zr1Z m ZZ > O �( gym• m m N m m y<� y OZ sO Zy m > pID OCAS [ {o8Q'1 Ofl AN OSL� $L b Am bnl f) nC O�Ob ANFZ �F nn�O ZmmO p C PAZS n O Z Vf Z Ifnr^ Z > FI A ti AC �3 yf m0 nF Q0 A rN � =1ZZ Cn iC> �NyF m ••y� On4N0 O A �O T m 0-n D O O Or KN�r Z >yNO 05 a r X> > OOm AO oO (rIO blC Mr(jl. ,>yp>C VIS bCC CK oo CN O1'IN ZN_. 1'r mT Zr, - o> a N O �n m0-1 HCd A OONfm+ Ci�A M -NiNwN nr -1 O 2 w CmO Zr C r >Zj•� oZ Z > Us O=1 Am0 OcC NQ C z C O Ph r i' zMo fry E_L ng E lzu Imo iii CO z a6 � m p = ��, o eoA ur aw �rio`tn Pro r•r, ci ci c� X60 oz n> i Q r Fsiu ozz o a g�F SO OF m O> ti a aKO A tiCA� Omm A Z �OmDO FO may, O 1E AOm Zr O in 0 O m °C- F n nrnC O4 Z O >n O N ≤y E AC mN m0_6rlZ +I> D Z 3ACj�� m A� rn n O r O E Z OXA 1S Vy n Q O A ZZ O> A A U 2 O 0 ON �T�f pyo y~j n m Q F., •1Z n n rl a n m T > z 'CI) a m t u t N 0 O _ 0 4'�_ _ (�_ _ ' -bl t•1 /� a N N ti0'1 N S C rwm>12. VI •i Sz ZZ S; 2 ,', Z ♦I OZO �A fl +�4 OV N- n z F ii' cy i Anz a s z yctiz F os �,y� z* HF �'4i€n z� n o 0Z, O 0t C Z tOS OA O A4NmZO S_CiLmO°m o C O O n 0 O Jbi Z Z r ZA O �� Z AY o j mywb On Rp: wv n rl 0 O �Y S ym0 C n zZ > >no v wt Zy�> �► F 4�f!1z Sm z 4 OO O SOr ^I (^TO n •IOWA �IOY1 Z < '4 r c m Or O Am °' > 9G>�Lr m•-ffvQ i� fi G /rfj C >F�a rtnnm °Ei p �4 i �_ �-_ Z ==O v -<n n -.. r> N 5 > m >Z ItZ m m0 y mz n H o n 00 OO o Lzy"f-e Z r Cb>N Z~ O E s • o(r~�1 D •' Z oo�> nmo0 =an A=p� >C c in> f-ib NA O A> m Ap OVIC jX4 O O �. M mm u o N z O Z G O t Z n M1 �[ b mi[ Ra O n � �� Z a 4� o �i °z ° �° Lb� �o�� iF A�-� aE h /�� Imo( aMrt EQ >a o >m > Yy > o U - 1 yMl N tl• O Sem KmAz$ yAp F >N on v p >.., = N z4 6`g'>N z 4SoNF Vl .€% �\ O > K tin ON(r1 OY C IA Y v O Z�jn ENO omi�i (•'FAQ ~ Vl Lt \�'4� 'TyJ >"'IL. it r `1 S a E �' Fp ■■oom �Fp st){z E )< 0 O 0 o Ffl 0 r 6 a o a a OZCfl'Z L n 0°np 1•1^9O c� gT a tilt- zsc A c5 n>Lbn^ > z S'ySnaH n� ,v o�ouLio"'frt rmf(g�r`I �yA—f QONgo>).r-z F rCr>> NDX Aw NS N�OOAsr m-i 0y1 Pg am00nE O NF nFifl tInbP •4 �NwY NZ 2y2N mAmo A oi nO tnA0 oaO≥ oa�o ^�i i o9mAc bKO2 Ot P>O 'L"16 A '1^I�o'Q�.y mQrz�i1m on jg� > �Oz o>Z�> Z � •y71� C=SA= KO-d�o mZ y nzco r n O Z A p,On tizmZ A P�mi ZRA m °0F o°Woo ASzno OFi CCU � r..�S�^f�V� `0s r cnn z z OAL• vv &nr#.en mbnN �A ' _ ACOnZ m0 A Stm-O �K�ZQ O€ aQ V≥Ntiti OpcFVVZ11 aSM[ P+1 _C .�O�OyGK_GO ySSW. jPQ1� A�KCm tiNm�~Zm IAO=.�>4 OmOS�CA�•.rtO-c� r'L'�> Z K O A pro 8 O >i A m m K�� 0. Z b m 5 RO OA_0 Z 0 r O ru N �VI»YI j+1 U C v1U 4- S'IC Obpn> e^z t'3 Sri n�c" Q �75'�i°F this H_ S cC r ;.r '''�' fl>> zc zt 'iF vy,i GAr city• c8rn-�ZY me C t r T O a O Fi N rm Jc GC OCO S>p if Qo=rRR�z >�C = � so�m ^ A-� 2 1.1 Z N O c �r yzF oo N>z i0nzvr 0 -oi gym[ -ZN� yCyA ym L eRNn ��•�•2> yZ`O`l�n (�1'1n Zf.1 p. A ...{ O Am=� N� A N pC y �lOi1C FOOV� ZC n0 O O C ON 2 CZI n �m > wZ O Z m 0byox 0 O 00 �^ a02 ZZ =0--OoLy,p m _9 }� m4 m m o O C m R 1'1 # Vn ti4� � n E c v A n Mn Z yO 'Z ''p Cr F., XAj!O 3 mmoo> O r CC n> Aj J�ViJ=c �0 0 Zjc O Z or o yl yS O 0 S'n 2 E LLOi z. Zn`> m 00 0 N •�O- Z iS n0Nxz GS vz.O O.v Fm O A O n m p > AC R� 0 hO;Z •N4r �rr1 y ENox y OZ O - N • F t G N G U U N N N N O O O O C" ♦ U N O + U N a _ S --n NNE ^=g> a, "-'" C1 Oti(nN 4 {� OP^ �fmb y.y_ T >Or oA �'1C �Sr� rCn b R O O OI 4['1 SZT„y'yy V�Tr,p Z SH nmr, Z^C- n (pJ�Z>Cn�> on mOp>1 �A+1ONn A �i ZYF SS " CZ -'C OC�CC'f bOP1 2Z ZA T mC �In £ ^Ct• nOb! Z ZAN��ZS=ryO O JO r�n 3 6 r�r �o mnmzr'fn z RSn >FR m�oRo�� O>fTN szA �E•'o�`-' �°Ol •° tl� ci">n�m�n 9 �r.,S�''ym'a ^' Y m> < O FY i m MA Z ZA m h n A z S -1 C OAmmmn n z n (� yq� a- OC P mn+> CCz� nzA 0• jQ o nz o•n £a '� -i4-LA o ♦ ;1.0 "Z.o OIH�S }'iY�iP O O J1O ≥ qq>6 �" _ oK�f>=TN SA1 1 OZZ >Oti;o A t� OOnT yZjZOm }YNAO 1R Y1 O• YFZ �gC 1•fZZ �Z ~N p 00 r~AZn >nZyA Om > AF —Y m OO O Z HVb pZ �� 9CJ000O OZ^ cn Fi CZO on n Z 1nvz Ym 2 r y n m< AA NOA SFiH z'IJ• YCi VIZOr C .. .. 2 n.C>nnr ='iAm)) <O-1 ZO pptt 4A..tl m0�Z C >m� mSbb n O .-IZ v [ )) A 9VIyZ QO N ti Oti I n mZym- O Z >Am OCOCCr p0 `OOZ Nm>-Z1- O gib OID > Z- m�{j SM1 Vib ti>A > 1 1 cc cc Zf~'1>o E -f Ay C� =E;. UT ��t^j0�1N� NNAY AO K[Z�n�p>pFC 0gM O ano OSm2✓��t�N°Z O- aAFlCal~et� VI 1 my >- --i vOSO F4 N _ y�Zn tiA �G>�{9 0,00.x. Y itl2 A'0� G l0 nnZ b_Z yO<r rZ �r1 V yQQZZ-1m2 -1 pp AA A z n N yyN Er o �� t+l !S-.LOy�N ) •i or O Fo0➢m >ZOo N �� �p0 zm N•. a rOSr m�Zb NNo IAyZO �OtAZ>�ZO?0 gO O_ZC yZ Z > U• Z •• OZZti Z or nZ Ono z •+ vr— o nZN A 8r tA•10 h ti Z r9np C zz111���111 m Ain O ZI'1 mCZ 4 O lmn b(�m Z2 fQ< Ob F 05 y[� >�an >y0 b mANE m'..l iR- >C��GS ZCb2 OO2 Gyyylll om F A90"' m0 C Z �0CtiZ0 n KZm Zr 5n( ~mCmm >N Z Y< C N m OAO11 1 Zn ZTOL-0Z OnFOm _OP Tmb m ZO F) CPO Z rS A Q >ZniO=b -J OIJQ Fi O CAv N yn 3'f +18g zrl�_cln lbn O C � `LZO rL TY ymip L1 b.N cn Z roan no 0 o- HgFz ON ao c amz> o c a4 " "` b fJA o Anm> .11>A-! Cf.fO II ANSlZ Ji4 Anti mnmF> r� 0 Ob y n y LO LO r�m a.1.OT -1 ':�onrri © AQn YYu s� �^sn >ro�mo °paon CAC000na pn '�Nsny1 m �0 8 cR c'i n�1 ��z„i �nz O�olPa�m -1 0 m"�O� 1—m -iN 00 yNOZ �j O�yy ��09 yl ONm NZ 6wNCJ [7 yA � dS � o OCy 02LL0 �0 Z O n Z ti0-A n YZ £ b2O Z O O,y QQrl. �Ob Op§� T>1 ISfGEEn pYp ie� nZ tl 0 >04� aa Z >wLiFm O ZN R O NYOA3� ArC OmF ,yoo FN >>>>>>yy�y mO OA y 0C; A?mm �N XQ00 (3?- r C�m � (pC� >nZ In ZZ N .91n0 y OO pOO �O NC `miCpl NAA<Dyy CA' NF"A $p O ONI3 '^ 0+Oijb>m b A>r>b Si CFFCam mN of `i„ ��OOr m m p'�biti O., .n z2pzZRSO gmn �≥ �"'Pm COV1m i/iNZZ=mO,e AZ z�3yZA^-� oo mmi zn..y o �q zn2lo 'I tR=38 rz `�a aRm s�-zV_4 ZE me oy.F tOvo K zF' 5'00 o�.R �SctijQ�ZZmv m �z om �H i7z"jzo• n 01 z Cn� z n 4 z r ti m• y Rm z m A F., N A O C z mAZ C = � aa n 0m •i N z O * N A k 4� ,e II F0. 1 f v RM s COMMON DRIVE >< Street 0 ffOPR I�II�'EERS Inc. Ct"1CKGt�` g GENERAL NOTES r'. ZBe I.__ away y, a v � z0 Benton. Arkaasas 72013 e((501) sis-ores FIX (501) sts—ozoo Comfortable %Vireless 12 0 r 0 0 r r ♦ u m 0 0 a 0 : u N o b n P P s nTinOn v>r •04 n lil n> • CNC� nT L pp o��z�o ti o<Q<o� ZFz o�o mo ��cn �wmini Cz^o F �_ n$" sson jQjgQ� p --11S cz va qn zmm G PRR t> C ciao y 2� nN �Zz +i of iL ,tn Zm g 3w; iAi�s� pa 2KO8ZiO OO Ar S1 no OCf�Gy6 n6 it m DV� �aO OynOZ4rb�N 20z0 Om? Oti0 C E �Sinp NK n 0 Mx� N zfip' D>>OZO ��Nn OZL_ nanA.-i ZAN�y r L /[II p m a �''ii {D{��• yF O yC SO `tr<'a OOA y10 "' y> O nNn�ZO Ny�zO .sC -i Cc Z ~O -1ZY C C<> = Zp ��O Alan n0O yy �s?(y t'} nGG n .y fq EmOymC.11KZ OAv>5Z (y C yYLY�-. r m >OZrN D= rmN A0A0zm(]z rN 2 t"'Z GR C {m yD yiCi� FNnG y O> f' DpOZ >�IRIInp0C O�?mC� br IR�1 S rFtd p Vi. mizN vn 6S V1ymOZry my�Z bL .nq O ozo N�3A>4 A� O A<oD�i K' � a�yryr��{Cp. iN•`A FA1pA <m Ozf' ;Z ZOO o y o •C O O C N b Z j CAR N SOIT C Z Z m ti Z ,,2v ti A C2 CAA n zoi N A ZZn 4N n r O.�N,ty ZO am p>yy ,; Sy b 2 K !1 -Oi S Di OOy D_ gZAOr Ny�E>�i-. OA1.1�>ZZOZ T> 1nC f.[ =Z0 O0C LO=F 0- OmZ jC +�C ZOL p Yl i'19F O > nNOp Er, n EO T m ca n Zr Fi�x�z o z n >iT n �TA vac ..+.• czn �n �'� z i `iti or rro �+iz m.• O �� p�> opc �ip y -�`m Gnia aiNyl oozq" �llvw M yJG >vso nw Cn00 C n 9 m Rq An rzm oz �iD -C ZZ �v Z N� Kpf"llZti NrZZ pAS Ky mA RA m�n m_ay�=o NND D r D O p h OCFi AJfOA�OS n_ m t(@R� Z v N ONyO cm i� 9 m�I n!}p� 'b ApC a tm-)r >"1C NIL a tyOr� O IoO NC 00 Om0> VI NX�a r 99 ` O. Om ���0n p~_m CC O (l y•' O+�OR C N1' 1•���y1mR DR IO A AMzn -n RO Cn�nay! O A) O'rOnmd rZFOm y;PtN� m A a3 C K ✓IA Z z yo P� R ++�� 'Loo A m �OJC n n0 CZOiNOC O Ky O a-1 $m y >>ZA �AFy-'A `o mZ O, b O {nom N > ya D 0 NDZ� rZ ^5C i 1�N>O>{Y C ZD C+�Za--11 - w w��1>9 0O ootZM A OnC Znn SS'' Sts .1 p zmD _Mo•a mb =K fin. <w<D Z 'A r'm or n �b pmo irc COZ�o ZL Z..�r Oy mOCa _ y0 Kln Z C n0 -i CT O) O Op or `-1m A�Cnm20 n OOO� >22 ll� Z tJ r O a p >L ON Z b A CV{ r p NO>u S m oa -, Lzi bmnm n ^>6 ZYn N NVi K.i O y'a> >m Yf mm00@ %>OA '"D K (ZA* CIFFn NOONm a m bn Z K T 0 O[ K b U U P U U U 0 U N N U U U U in u N $ m b b o b b U f o m e' (A r u N o - o b o oa rnzfo]> XXDpp" t)a D>n on 2y ccA (; > q s $>>))f ) '^^GF oA>SF O O lO T"K'�oYz1 Z 000 �- �ul �dn r O$ Yhi- Ny�j mb oC >w one•a0 ~ Z S LZlY2 ,tow OtTT- )I- Rj SO QS mA $zyt n mn mno -p>.nc z .ab a v o mo f°o$ na [1m A y>E� {�itpm N n z y R tiNn ON>NCN'I POZmZYO it zz ��> Kolb ZZn O<Qzx xZA� ?Sc _. I1 "'1'J D m08Z p2� p AF~FZA]}�ee .3n�=A > '•% C C mN -, t mN0 tiZ-1� NnnnC2N� �n �']Oa Y oci^ns 00cm 7II •m O Om NS�Q8p zj cc 00 Y N>n ZVIN>z >y>> M� m mr C ng AV O C Z 00 C p200 2 R► n25]O�tiA n (--1l1 nF> O>2Fm aY -ni N-i Am O Aa jntn AC CZf�a O�w SL n c z z COA a� C FaCic gSo $3n "'n mF-m m a E o As A n m 2 mx Gr n o �n n o xmn L ag c c1 >t,v .K� is cm ' a Ezn yoo a -a 9K u a N C� r O m ti a ra ZC n nn Ny rZm-, Z -0 -fU i2•� S >rn moimr >z (!�KZN O w.y y� Y-1 }L C ai Om n ~nmZ O O ZS O a�n OKN OZOOS �i`Lr Y•g yO�b� R %S� LS q> Z\ r� Z a'• ,-0� M�C ZgsSAO N' O O ex �� C o ?>Sao >_o o r'n jz 0 an m.z VzomN C ZA >nh i O ran SD zz r^ 'i o o�� ta• ON Dmn� o_o nN YY �t z>o vn t z• m o r p�y>s o rb ny m"Fig ,cmi ` oti �,,,yyyOz To�o_As`? pnN'�o �LI my�0 n>m N ONO A iO > OOti Or.. O m�Yi n N =O A rilm nZ Z9 Oo-4 19 r Z X 2>• mpN S opal O �"a rnim roo� Tan >n �4 c>rF vemn>G bra w.toi z z m�HCamf D SNy-izy >C� m2nA nl1p D�/, i•ZO_ f9 (' mY z� OO�}mn bra tiA O OCoop E 8ti ZA Op Ob A OZ o R 4 O 8 nmtiy _ ZA�NO > Z SA6A<O bGr DZ�ZC A Zj$ m .mF r>> m� O•� X O AZ S tiOO�i Im�C �y� a EOZ rOm rzt- Car meH� ₹O t7i r>S C �zZ m �9 Oo0 ,-Ci ���III yOO [pail f•ICr. �/ S 4R OCb yOmp �noi J tiM P1 m mn2 VS 00 y N ZS JU� Y �L ES� C .. ..i n >Z C m r >FO�rO �K A Z b r O Vmm �On nC n Sn nyLF Om ii 9D O nmm >;-.y Zz mti O X p.T> ZO OaA '�>m tiS A >O {� 1Zmnr >A 2ti OmrE N +1 on Z O S K N r F O Zm0 FFF11111 ark N F,N nl x AQ y0 R$9�om -I TOGA n min OOn n Zm O A y O i0 N Cc~2 TM 1• mi �mmnA O� V:95 O`yZL�9+aiZObO Zo N CO r > Siry A 1A .l p mF0F m- >Y ZZ 042c. OZzOOC n m 2 Ypymm upon oz0 on z O z y V c Yc O COMMON DRIVE >< GENERAL NOTES ,-c� HOPI ti?StraiL'E11s, Inc. cricl�et- p Be on.Ar az oz Benton, drkeasee 72015 It11 soi) 5is—ogee UI ($GI) 315-Wao Comfortable Wireless S • Res. 1-02 EXHIBITS (Memorandum of Agreement) FORM OF MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT is entered into on this day of 20O2 by and between the City of Fayetteville and Cricket Arkansas Property Company, a D are co ration. 1. Owner and Tenant ntered into a Water Tank Attachment Communication Site Lease Agreement (Agreement) on the day of , 20OZ, for the purpose of installing, operating and maintaining a radio cotnmunicati s facili and other improvements at the Township Water Tank. All of the foregoing are set forth in the Agreement 2, The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant is described in Exhibit annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. OWNER:,6ITY OF F By: ATTEST: RUFF, TENANT• CET A NSAS PROPERTY COMPANY, A DELAWARE CORPORATION By: BILLY J Title: Regional Network Director 'I 9$41si • • Res. 1-02 EXHIBIT F (Cont'd) ACKNOWLEDGMENTS State of ARKANSAS, County of WASHINGTON OWNER: I, LAnA tgrDeyee5 , a Notary Public of the County and State aforesaid, certify that DA personally appeared before me this day and acknowledged that he/she is MAYOR of the CITY OF FAYE a municipal corporation, and that by authority duly given and as the act of the said „�wnnn11nnz ynicipal corporation, the foregoing instrument was signed in its name. WITWITS.nivhand'ariB,tjj)this 9' day of .X4/1V#3 ,20D?. o :fl Ct .� a Notary Public My 0 sign E . '�' Fi kANSAS`o uo°,. "°j,••,�upnmmmui; ACKNOWLEDGMENTS State of_________ County of flk, TENANT: I, ��t, ., a Notary Public of the County and State aforesaid, certify that ,it erson9il appeared before me this day and acknowledged that he/she is g+ri �11ti, .ttDtnrkuf a registered corporation in the State of fl fc , and that by authority duly given and 'the act of the said corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this ____ Day of GU , 205. WATER TANK ATTACHMENT '''%Ir COMMUNICATION SITE LEASE AGREEMENT (Township Tank Site) This Water Tank Attachment Communication Site Agreement ("Agreement') is entered into this day of , 20 _, by and between the City of Fayetteville, hereinafter known as the "Owner" and Cricket Communications, hereinafter known as the "Tenant". GENERAL TERMS AND CONDITIONS: 1. Grant. Subject to the terms and conditions contained within this Agreement, Owner hereby grants to Tenant the nonexclusive right to install, maintain, operate and remove radio communications equipment and appurtenances on the Owners Township Water Tank (the "Water Tank") located on the property described in Exhibit A (the "Premises"), and leases to Tenant a portion of the Premises for construction and occupancy of an equipment shelter or building to house Tenants equipment on the Premises as more particularly described in Exhibit A. Owner shall continue to have the right to occupy the Premises and operate the Water Tank and to grant others rights to occupy or utilize the Premises and the Water Tank at Owner's sole discretion. Owner also grants to Tenant a non-exclusive casement during the term of this Agreement for ingress, egress and regress and for the installation and transmission of utilities on property described on attached Exhibit ("Easement'). Tenant may install equipment, personal property, improvements, alterations or fixtures as listed on Exhibit C (the Equipment), or as Owner may otherwise approve in writing, such approval not to be unreasonably withheld, conditioned or denied. Any personal property owned by Tenant, whether or not fixed or attached to the Premises or Water Tank, shall remain the property of Tenant without regard to whether it appears on Exhibit C. 2. Use. Tenant shall use the Equipment and Premises for the purpose of constructing, installing, maintaining, improving and operating, at Tenant's expense, a communications facility, including antennae, equipment shelter or building, platforms, cable runs and incidental uses as described in this Agreement. Tenant shall be solely responsible for securing any and all building permits and approvals, zoning changes or approvals, variances, use permits, and other governmental permits from applicable governmental authorities, including any Federal Aviation Administration approval (collectively, Permits) prior to any construction on the Premises. Owner agrees to reasonably cooperate with Tenant in obtaining the Permits, and copies of the Permits shall be provided to Owner upon request. Tenant shall promptly pay all costs and expenses and shall not cause or permit any lien to be created against the Premises. 3. Initial Term. The Initial Term of this Agreement shall be five (5) years, commencing the earlier of (i) commencement of installation or (ii) one hundred eighty (180) days after the full execution of the Agreement, (the "Commencement Date") and terminating at midnight five years thereafter. 4. Renewal Term(s). Tenant shall have the right to extend this Agreement for one (1) additional term of five (5) years (First Renewal Term) on the same terms and conditions as set forth in this Agreement except that the Rent shall be increased as may be specified in the Special Terms and Conditions. This renewal shall be automatic unless Tenant notifies Owner of Tenants intention not to renew. 0 Upon expiration of the First Renewal Term [ten (10) years and one hundred eighty (180) days from the date of this agreement] the Owner shall have the right to terminate this Agreement for any reason, provided the Tenant shall have been notified in writing one hundred and eighty (180) days prior to the expiration date. In the event Owner chooses not to terminate the Agreement, the Tenant shall have the right to extend the Agreement for one (1) additional five (5) year term. However, both parties shall have the right to ask for a renegotiation of the terms and conditions of the Agreement at that time, provided a written notice of the desire to renegotiate terms and conditions is given the other party at least ninety (90) days prior to the Agreement termination date. Notice shall contain an explanation of the items and/or issues to be renegotiated. Owner and Tenant shall have the same rights of termination/negotiation at the end of each successive five (5) year term. 5. Rent. The rental amount for the initial term and subsequent renewal terms shall be as specified in the Special Terms and Conditions of this Agreement. Rental payments shall begin on the Commencement Date and shall be made monthly in advance on the first day of the month and shall be prorated for any partial month at the commencement or termination of this Agreement, based on the number of days in that month. Tenant will receive a monthly statement from Owner and payment shall be sent to the address contained in the monthly statement. Any past due amount shall be shown as such on the following months billing statement, and shall constitute sufficient notice to the Tenant of the need to bring the account current. Failure to do so within thirty (30) calendar days of the receipt of such notice shall be deemed a default. In the event the Agreement is terminated due to any reason except Tenant's default, Owner shall promptly refund any prepaid rents to Tenant. 6. Maintenance. The costs of maintaining the Water Tank, including painting of the exterior and finishing or painting the interior of the Water Tank, shall be borne by Owner. In the event damage is caused to Tenants equipment or personal property by Owners agents, or employees, the cost of repairing such damage shall be borne by Owner who shall, upon due notice and proof of loss provided by Tenant, timely reimburse Tenant the cost of repairing such damage. Tenant shall maintain its antennas, transmission lines, equipment and equipment shelter in good operating condition. In the event damage is caused to the Water Tank by Tenant or Tenants agents, employees, contractors or subcontractors, either during the initial installation of the equipment or subsequent operational, construction, or maintenance activities, the cost of repairing such damage shall be borne by Tenant. The cost of repair may include, but would not be limited to the cost of lost water, disinfection, public notifications, and re -painting. Should Tenant fail to timely make repairs required by this Agreement, Owner may, at Owners option, make such repairs and Tenant shall promptly reimburse Owner for its costs and expenses incurred in such repair. Upon termination or expiration of this Lease Agreement, Tenant shall remove, within ninety (90) days thereof, its Equipment from the Water Tank and repair damage, if any, to the Water Tank caused by the removal of Tenants Equipment, normal wear and tear and damage due to casualty excepted. Tenants activities and operations and the Equipment shall not interfere with Owners maintenance, repair and operation of the Water Tank and its lighting system. Tenant shall be responsible for any damages it may cause to existing or future telecommunications equipment. Tenant shall be obligated to remove all permanent structures down to ground level unless Owner specifically approves of such structure or structures remaining in place. Underground or at grade items, such as slabs on grade, gravel, and vegetation shall not require removal. No underground items shall require removal. 7. Due Diligence Period. Tenants obligation to perform under this Agreement shall be subject to and conditioned upon: (a) Tenants'securing appropriate approvals for Tenants intended use of its Equipment on the Premises from the Federal Communications Commission, the Federal Aviation Administrator, and any other federal, state or local regulatory agency having jurisdiction over Tenants proposed use of the Equipment; (b) Tenants obtaining, at its option, a title report or commitment for a leasehold title policy from a title insurance company of Tenants choice which must show no defects or restrictions of tide or any liens or encumbrances which may adversely affect Tenants use of the Premises or Tenants ability to obtain financing; (c) Tenants obtaining, at its option, a survey and analysis tests which must show no defects which, in the opinion of the Tenant may adversely affect Tenants use of the Premises; (d) Tenants approval of the condition of the Premises, which may be subject to, at Tenants option, an environmental audit of the Premises performed by an environmental consulting firm of Tenants choice; and (e) Tenants determination that the Water Tank is structurally appropriate for Tenant needs. Tenant shall act with due diligence within ninety (180) days of the date of execution hereof to satisfy all conditions set forth above and to provide of the information required in the various exhibits. In the event that Tenant determines during the due diligence period that the Water Tank and the Premises arc, in Tenants opinion, unacceptable to Tenant, then this Agreement shall terminate and be of no further force or effect. 8. Interference. Tenant agrees to install Equipment of types and generating frequencies which will not cause interference to transmissions or signals from users of the Water Tank as may be already in place on the Water Tank or on the Premises, and who arc operating in full compliance with all FCC requirements. At Owners request, Tenant shall provide a detailed interference analysis showing potential conflicts between Tenants frequencies and those of the other users already in place on the Water Tank. If, upon installation and start-up of the Equipment, the Equipment causes such interference, Tenant will take all steps necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receipt of written notice from Owner to Tenant, Tenant shall temporarily disconnect the electric power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) and if such interference is not corrected within 30 days after receipt of the written notice, Tenant agrees to remove the Equipment from the Water Tank and the Premises and this Agreement shall terminate as if by expiration. 9. Subsequent Tenants. Owner will require any proposed new co -locating tenant to develop the proper documentation showing that its proposed installation and the use thereof will not interfere with the existing tenant(s) equipment and use of the Tank prior to the execution of an agreement to allow such co - location. The existing tenant(s) shall review and approve such documentation, but shall not unreasonably nor arbitrarily withhold such review and approval. The Owner will require any Agreement with a subsequent co -locating tenant to contain language which holds the new tenant liable for any and all damages to Tenants existing equipment and use thereof which may occur as a result of the installation and operation of their equipment. In the event of such interference by a subsequent tenant, Tenant shall have the right to enjoin such interference and if the interference is not remedied within thirty (30) days, Tenant shall have the right to terminate this Agreement immediately. 10. Utilities and Access. Tenant shall have the right to install utilities, to be separately metered at Tenants expense, and to improve present utilities on the Premises, including but not limited to the installation of emergency power generators. Tenant shall have the right to place utilities, (and all sleeves, conduits and cables necessary thereto), on a formal utility casement specifically given by Owner for that purpose in order to service the Equipment throughout the Initial Term or any Renewal Term of this Agreement. All utilities servicing Tenants equipment and facilities shall be placed underground. Tenant shall be responsible for all utility connection charges, and all utility use charges, for electricity or any other utility used by Tenant. Tenant shall have access to the Premises and the Equipment at all times, 24 hours each day, through the Owners access drive. Owner shall maintain the access drive in good condition throughout the Initial Term of this Agreement and throughout any Renewal Term(s). 11. Termination. This Agreement may be terminated by either party in accordance with the provisions of Paragraph 4. This Agreement may be terminated on thirty (30) days prior written notice by either party upon a default of any covenant or term thereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of such default. Any default which cannot be cured in sixty (60) days shall not be considered a default so long as the defaulting party has identified a cure which is satisfactory to the other parry and is diligently pursuing such cure. Additionally, this Agreement may be terminated by the Tenant at any time for any reason or for no reason. Upon termination of this Agreement Tenant shall immediately cease its operation, and shall have ninety (90) days from the termination date to remove all ofTenants Equipment from the Premises and shall make whatever repairs to the Water Tank and grounds that might be necessary to leave the Premises in a good, clean, and neat condition. Such repairs shall but not be limited to, physical repair and painting of damaged areas of the Water Tank caused by the operation or removal of the antennae and other equipment, and repair to the grounds (seeding, mulching, etc) on and around building removal areas. 12. Structural Analysis. Tenant shall be solely responsible to ensure that Tenants installation of the Equipment shall not significantly effect the structural integrity of the Water Tank, and that no damage results to the Water Tank due to installation of the Equipment. Owner agrees to furnish Tenant, promptly upon Tenants request, true and accurate copies of all analyses performedon the Water Tank within the two years preceding the request and Tenant s attachment of antennas or Equipment on the Water Tank. In the absence of such an analysis or if the most recent analyses are insufficient for Tenants needs, or if requested to do so by the Owner, Tenant shall be responsible for obtaining a new analysis by a structural engineer licensed to do business in the State of Arkansas. Tenant shall furnish a copy of the analysis to Owner. The cost of the new analysis shall be paid solely by Tenant. If reinforcements to the Water Tank are required for Tenants use, Tenant shall submit plans to the Owner, prepared by an engineer registered to do business in the State of Arkansas, for such reinforcements. Upon approval by the Owner, Tenant shall proceed with such reinforcements at Tenants sole cost after review and approval of the plans by the Owner. 0 Subsequent tenants may be required to perform an analysis on the Water Tank by a licensed structural engineer indicating that attachment of the Additional Antennas to the Water Tank does not impair the structural integrity of the Water Tank and will not materially diminish the Water Tanks function or useful life. All such Tank analyses shall be in compliance with current industry standards. 13. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, Tenants Equipment. Tenant shall not pay real property taxes or other fees and assessments attributable to the Water Tank or the Premises. 14. Environmental Matters. Owner represents that, to Owners best knowledge, no Hazardous Materials are presently located on the Premises or Easement, and Owner agrees that it will provide, at no cost or expense to Tenant, for the removal of any Hazardous Materials if Hazardous Materials arc present on the Premises or the Easement prior to the date of this Agreement or if Hazardous Materials are brought onto the Premises or Easement by Owner, its agents, servants, employees, licensees, invitees or contractors. If after Tenant takes possession of the Premises Hazardous Materials are discovered to exist on, under or beneath the Premises, Tenant may terminate this Agreement and Tenant shall owe no further duties, obligations or liability to Owner. Tenant shall comply with all laws, ordinances, rules, orders or regulations applicable to Hazardous Materials. Tenant shall not use the Premises or the Easement for treatment, storage, transportation to or from, use or disposal of Hazardous Materials (other than petroleum products necessary for the operation of an emergency electrical generator to serve the Equipment). Tenant shall be responsible for any expense incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory requirements caused, directly or indirectly, by the activities of the Tenant or Tenant's agents, employees or contractors. As used in this Agreement, "Hazardous Materials" shall mean any and all polychlorinated biphenyls, petroleum products, asbestos, urea formaldehyde and other hazardous or toxic materials, wastes or substances, any pollutants, and/or contaminants, or any other similar substances or materials which are defined or identified as such in or regulated by any federal, state or local laws, rules or regulations (whether now existing or hereinafter enacted) pertaining to environmental regulations, contamination, cleanup or any judicial or administrative interpretation of such laws, rules or regulations or any substance that after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly through food chains will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, mailed by certified mail, return receipt requested, or by overnight service having a record of receipt to the addresses as given in the Special Terms and Conditions of this Agreement. 16. Title and Quiet Enjoyment. Owner represents and warrants that it has the full right, power and authority to execute and enter into this Agreement. Owner further warrants that Tenant shall have the quiet enjoyment of the Premises during the term of this Agreement. In the event the Premises is encumbered by a mortgage or deed of trust, Owner agrees, upon request of Tenant, to obtain and furnish to Tenant a non -disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Owner agrees to execute such documents as the title company may require in connection therewith. 17. Representations and Warranties. Tenant acknowledges that the primary use of the Tank is that of a municipal Water Tank. Owner makes no representations or warranties concerning the suitability of the Premises for Tenant's intended use as a site for the transmission and receipt of wireless communication signals. 18. Assignment. Tenant may not assign its interest in this Agreement without prior written approval by Owner, not to be unreasonably withheld, except that Tenant may assign its rights and obligations under this Agreement to an Affiliate. Additionally, Tenant may, upon notice to Owner, mortgage or grant a security interest in this Agreement and the Equipment, and may assign this Agreement and the Equipment to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees"), provided such Mortgagee's interests in this Agreement are subject to all of the terms and provisions of this Agreement. In such event, Owner shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Owner agrees to notify Tenant and Tenants Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after its receipt of the default notice, as provided in this Agreement. All such notices to Mortgagees shall be sent to Mortgagee's at the address specified by Tenant. Failure by Owner to give Mortgagees such notice shall not diminish Owner's rights against Tenant, but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Premises as provided in this Agreement. Owner hereby waives any and all lien rights it may have, statutory or otherwise concerning the Equipment or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Owner gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenants and/or Mortgagee's sole discretion and without Owner's consent. 19. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns. 20. Compliance with Laws. All installations and operations in connection with this Agreement by either party shall be conducted in accordance with all applicable rules and regulations of the Federal Communications Commission, Federal Aviation Agency, and any other applicable federal, state and local laws, codes and regulations. Tenant is solely responsible for the licensing, operation and maintenance of Tenants Equipment, including, without limitation, compliance with any terms of its Federal Communications Commission license with respect to Tank light observation and any notification to the Federal Aviation Administration in that regard. Tenants Equipment, transmission lines, and any related devises, and the installation, maintenance and operation thereof, shall not damage the WatcrTank or any property or properties adjoining, or interfere with the use of the Water Tank and the remainder of the Premises, by Owner or others, and Tenant shall defend, indemnify and hold harmless Owner from any such damage. 21. General Liability Insurance. Tenant will provide General Liability Insurance in an aggregate amount of $1,000,000.00 and name Owner as an additional insured on policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Tenant may maintain. Owner and Tenant shall look initially to insurance for loss due to any peril that is covered by insurance and neither party's insurance company shall be subrogated to a claim against the other party, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. Tenant may satisfy the insurance requirements herein by obtaining the appropriate endorsement to any master policy of liability insurance that Tenant maintains. 22. The Exhibits. It is understood that not all of the exhibits referenced in these General Terms and Conditions may be necessary for a given Agreement, and that exhibits in addition to those referenced may be needed to fully describe the facilities and equipment installation. 23. Miscellaneous. This Agreement constitutes the entire agreement and understanding of Owner and Tenant and supersedes all offers, negotiations and other agreements. Any amendments to this Agreement must be in writing and executed by Owner and Tenant. If either Owner or Tenant is represented by a real estate broker or agent in this transaction, that party shall be fully responsible for any fees or commission due such broker or agent and shall hold the other party harmless from any such claims arising from execution of this Agreement. This Agreement shall be construed in accordance with the laws of the State of Arkansas. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Each of the undersigned warrants that he or she has the full right, power and authority to execute this Agreement on behalf of the party indicated for the purposes herein contained. In the event of casualty damage to the Premises or the Equipment, Tenant shall have the right to terminate if in Tenant's judgment the damage hinders its effective use. In the event of condemnation, Tenant shall have the right to any award specifically designated as compensation for Tenant's interest, value of equipment and cost of removal. 24. Memorandum of Agreement. Owner agrees to cooperate with Tenant in executing a Memorandum of Agreement if requested by the Tenant. Tenant may file or record the Memorandum of Agreement, or the entire Agreement, as is normal and customary in order to protect its interest in regard to any Mortgagees. Any Memorandum of Agreement shall have the form as given in Exhibit F. SPECIAL CONDITIONS TO THIS AGREEMENT 1. Rental Amounts. The initial rental amount shall be 51500.00 per month. 2. Notice Addresses. Owner: Office of the Mayor City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Tenant: Cricket Communications 3. Exhibits. The exhibits pertaining to this Agreement arc: Exhibit A. A description of the property upon which the Water Tank is located. (the Premises), and a description of the specific area within the Premises being leased. Exhibit B. A description of any easement required for the installation of utilities. (the Easement). Exhibit C. A list of all equipment, personal property, alterations, buildings, antennas, and all other improvements by Tenant to the Premises (the Equipment) . Exhibit D. A form of the Notification of Commencement of Installation of Equipment. Exhibit E. Plans for the installation, including a Plot Plan showing the location of any buildings to be placed on the Premises, details of the antennae attachment, casement location, leased area, a rendering of the appearance of the antennae on the Water Tank, and other items as may be necessary to fully describe the installation. Exhibit F. The Memorandum of Agreement (a form of which is attached). 4. Operational Frequency. The frequency range for Tenants Equipment is • 0 IN WITNESS WHEREOF, Owner and Tenant have executed Agreement as of the date and year first written above. TENANT: CRICKET COMMUNICATIONS OWNER: CITY OF FAYETTEVILLE By: ATTEST: By: Title: By: DAN COODY, Mayor ATTEST: HEATHER WOODRUFF, City Clerk ACKNOWLEDGMENTS State of ARKANSAS, County of WASHINGTON OWNER: I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is MAYOR of the CITY OF FAYE 11 EVILLE, a municipal corporation, and that by authority duly given and as the act of the said municipal corporation, the foregoing instrument was signed in its name. WITNESS my hand and scat this _ day of ,20__ (SEAL) Notary Public My Commission Expires: I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is of , a registered corporation in the State of and that by authority duly given and as the act of the said corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this Day of , 20_ Notary Public (SEAL) My Commission Expires: FORM OF MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT is entered into on this _ day of _,20__ by and between the City of Fayetteville and Cricket Communications. 1. Owner and Tenant entered into a Communications Site Lease Agreement (Agreement) on the day of , 20_, for the purpose of installing, operating and maintaining a radio communications facility and other improvements at the Township Water Tank. All of the foregoing arc set forth in the Agreement 2. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant is described in Exhibit annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. OWNER: CITY OF FAYETTEVILLE By: DAN COODY, Mayor ATTEST: HEATHER WOODRUFF, City Clerk TENANT: CRICKET COMMUNICATIONS By: Tide: ATTEST: By: Tide: ACKNOWLEDGMENTS State of ARKANSAS, County of WASHINGTON OWNER: I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is MAYOR of the CITY OF FAYETTEVILLE, a municipal corporation, and that by authority duly given and as the act of the said municipal corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this _ day of ,20__ (SEAL) Notary Public My Commission Expires: TENANT: I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is of , a registered corporation in the State of , and that by authority duly given and as the act of the said corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this Day of ,20__ (SEAL) Notary Public My Commission Expires: EXHIBIT A (Property Description of Township Tank Site) A part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 17 North, Range 30 West, more particularly described as follows: Beginning at a point which is 594 feet East and 300 feet North of the Southwest comer of said 40 acre tract; thence East 101 feet; thence North 525 feet; thence West 101 feet; thence South 525 feet to the point of beginning, containing 1.22 acres, more or less. EXHIBIT B (The Easement) A description of any casement that might be required for utility installation. EXHIBIT C (The Equipment) A list of all of Tenant's equipment on the site. EXHIBIT D (Form of Notification of Commencement of Installation of Equipment) To: Office of the Mayor City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mayor This letter is to give you notice of our intent to begin the Installation of Equipment at the Township Tank Site in conformance with the Agreement between the City and Cricket Communications executed on the Day of , 200_. Cricket Communications certifies that all Permits, Reports, Plans, and Studies required to be performed under the terms of the Agreement have been performed and approved by the appropriate authority. Signed: For Cricket Communications Title EXHIBIT E (Plans) Plans for the installation, including a Plot Plan showing the location of any buildings to be placed on the Premises, details of the antennae attachment, casement location, leased area, a rendering of the appearance of the antennae on the Watc[ Tank, and other items as may be necessary to fully describe the installation. EXHIBIT F (Memorandum of Agreement) FORM OF MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT is entered into on this _ day of , 20_, by and between the City of Fayetteville and Cricket Communications. 1. Owner and Tenant entered into a Communications Site Lease Agreement (Agreement) on the day of , 20_, for the purpose of installing, operating and maintaining a radio communications facility and other improvements at the Township Water Tank. All of the foregoing arc set forth in the Agreement 2. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant is described in Exhibit annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. OWNER: CITY OF FAYETTEVILLE By: DAN COODY, Mayor ATTEST: HEATHER WOODRUFF, City Clerk TENANT: CRICKET COMMUNICATIONS By: Title: ATTEST: By: Title: EXHIBIT F (Coned) ACKNOWLEDGMENTS State of ARKANSAS, County of WASHINGTON OWNER: a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is MAYOR of the CITY OF FAYETTEVILLE, a municipal corporation, and that by authority duly given and as the act of the said municipal corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this _ day of (SEAL) My Commission Expires: TENANT: 20_ Notary Public I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that he/she is of , a registered corporation in the State of and that by authority duly given and as the act of the said corporation, the foregoing instrument was signed in its name. WITNESS my hand and seal this (SEAL) My Commission Expires: Day of ,20__ Notary Public rDavid Whitaker - XNA 011 (Townships Tank) Lease Revision _ _• Page 1 From: Alissa Coffield <coffield@siteexcell.com> To:<dwhitaker@ci.fayetteville.ar.us> Date: 1/3/02 10:18AM Subject: XNA 011 (Township Water Tank) Lease Revision David, Per our discussion, I have modified Paragraph 4. Renewal Terms with the new language you have approved. Please review and print out four copies to replace with the existing contracts previously signed by Cricket. Please place the existing signature pages and exhibits in the new contracts and have the mayor sign as soon as possible. Thank you for all your help on this project. Alissa Coffield SiteExcell, LLC Direct 501.604.4006 Mobile 501.779.4006 Fax 501.604.4010 www.siteexcell.com CC: doug smith<DSmith@cricketcommunications.com>, Ron''Maxwell <Ron.Maxwell@crowncastle.com>,<hallie.farrell@crowncastle.com> cell www.siteexcell.com December 17, 2001 City of Fayetteville C/o Don Bunn 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Water Tank Attachment Communication Site Lease Agreement by and between the City of Fayetteville and Cricket Arkansas Property Company. Dear Mr. Bunn: Enclosed please find four (4) original Water Tank Attachment Communication Site Lease Agreements. These agreements have been executed by Cricket Arkansas Property Company and now require the signature of the mayor as well as a notary public signature and seal. After these agreements have been executed and notarized, please return two (2) originals to me at the address listed below. Thank you for your help on this project. If you have any questions or need further information, please do not hesitate to contact me at (501) 604-4006. Sincerely, Allssa Coffield t Project Manager Cc: XNA 011 Common Drive SiteE:cell, LLC -415 North McKinley, Suite 1235 - Little Rock, AR 72205 Telephone -(501) 604-4000 Fax -(501) 6044010 E-mail - contactaelteexceli.com Tower Development & Ownership - She Acquisition Services - Wlreiess Site Management - Due Diligence Services - Document imaging & Databases 0 1tv of DEPARTMENTAL CORRESPONDENCE To: Fayetteville City Council From: Don Bunn, Assistant Public Works Director Thru: Greg Boettcher, Public Works Director Mayor Dan Coody Subject: Lease Agreement, Cricket Communications Township Tank Date: December 11, 2001 Attached for your review and consideration is a proposed lease agreement with Cricket Communications for lease of tower and ground space at the Township Tank on Township Road. The lease is for the purpose of installing and maintaining cellular antennas. The Agreement calls for a monthly rental fee of $1500.00, or $18,000.00 per year. You will note that there are several Exhibits that are a part of this Agreement. Not all of them have been filled in as of this date. The Agreement, after it is approved and signed by Cricket and the City, gives Cricket 180 days to get final City approval of the detailed plans for installation, FAA approvals, interference tests, and other tests required by the Agreement. If, for whatever reason, Cricket cannot or chooses not perform within the 180 days, the Agreement becomes void. The City Planning Division may, under City Ordinances, approve this installation administratively upon proper application by Cricket. It is the recommendation of the Staff that the Agreement with Cricket Communications be approved. z - S�v e PCs S AGENDA REQUEST FORM Council Meeting ofJanuary 2, 2002 Mayor's Approval FROM Don Bunn Public Works Admin Public Works Name Division Department ACTION REQUIRED Approval of an agreement with Cricket Communications for the lease of tower space on the Township Water Tank. The proposed lease amount is $1500.00 per month. COST TO CITY -v- Cost of this Request Account Number Project Number BUDGET! CONTRACT REVIEW 4w cJLt l Budget Coordinator Purchasing Officer -0- Category/Project Budget Funds Used to Date Funds Remaining N/A Budgeted Item Date ,z/j, lof Date z iv Date a II of Date Category/Project Name Program Name Fund Category Budget Adj. Attached Admin Services Director Date ADA Coordinator Date c Q� Jn of I terns Auditor Date STAFF RECOMMENDATION It is the recommendation of the staff that the Council approve the lease agreement with Cricket Communications for cellular antennae located on the Township Water Tank. Lease amount: $1500.00 per month. 6 Dec. 2001 A (�blic Wor' s Director Date Cross Reference Fo lZ lL—U/ oi. Repay men\tDrectoP)A�"' Date New Item: Yes No (/ J �_ 0 Prev Ord/Res # Admin Services Director D t Orig. Contract # Mayor Date Orig. Contract Date Orig. Contract Number COMMENT SHEET Project: Cellular Antennas, Lease Agreement, Township Tank Engineer/Contractor: Cricket Communications Notes to Reviewers: This Agreement is scheduled to go to the City Council for review and approval on January 2, 2002. FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Greg Boettcher, Public Works Director From: Heather Woodruff, City Clerk Date: January 4, 2002 Please find attached a copy of Resolution No. 1-02 approving a lease agreement with Cricket Arkansas Property Company to locate cellular telephone antennae on the Township water tank. Three original lease agreements have been given to Cricket. The fourth original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 Cit of Fayetteville Update Index Maintenance Document It Action Reference Date Ref. Taken Brief D RES 1022002 1-02 CRICKET Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: 1 3,. 11 11 • escription AGREEMENT LEASE 1/09/2002 13:30:11 Retention Type: **** Active *Tfl Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. RESOLUTION NO. 1-02 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND CRICKET ARKANSAS PROPERTY COMPANY TO LOCATE CELLULAR TELEPHONE ANTENNAE ON THE TOWNSHIP WATER TANK FOR MONTHLY LEASE PAYMENTS OF ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a Lease Agreement between the City of Fayetteville and Cricket Arkansas Property Company to locate cellular telephone antennae on the Township Water Tank for monthly lease payments of One Thousand Five Hundred Dollars ($1,500.00). A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council authorizes the Mayor to sign said agreement with Cricket Arkansas Property Company. PASSED AND APPROVED this 2nd day of January, 2002. APPROVED: By: DAN COODY, Mayor V By: HEATHER WOODRUFF, City Clerk 010 03 Cit of Fayetteville Update A Index Maintenance Document It Action Reference Date Ref. Taken Brief D RES 1022002 1-02 CRICKET Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: 1 3,- _ : n. -_.._J 11 11 � r - 'I-' • escription AGREEMENT LEASE 1/09/2002 13:30:11 Retention Type: **** Active * Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. City of Fayetteville Staff Review Form 2015-0243 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item &&t e -oxmunQk10o tit- o'2- ( Tim Nyander 5/11/2015 Utilities Director/ Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: Approval and signature of Cricket's offer of $13,400 to terminate their Lease at the water tank on Township Road. This offer includes $10,000 to walk away from the site, as well as $3,400 rent for May and June. The offer to pay $13,400 is more than we could legally require them to pay and therefore should be accepted. Budget Impact: 5400.0940.6450.00 Water and Sewer Fund Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Current Budget $ . - Funds Obligated $ - Current Balance $ - Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # 1--02 Original Contract Number: Approval Date: Comments: CITY OF Tay1 ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Water & Sewer Committee Kit Williams, City Attorney FROM: Tim Nyander, Director of Utilities DATE: May 11, 2015 SUBJECT: Cricket Lease Termination for Township Water Tower RECOMMENDATION: Approval and signature of Cricket's offer of $13,400 to terminate their Lease at the water tank on Township Road. This offer includes $10,000 to walk away from the site, as well as $3,400 rent for May and June. The offer to pay $13,400 is more than we could legally require them to pay and therefore should be accepted. STAFF MEMO BACKGROUND: Cricket has rented space on the Township water tower since January 2002. They paid $1,500 per month rent until January 2008, when the CPI increase caused the rent to be adjusted to $1,700 per month, which they currently are paying. Cricket now offers a generous sum to terminate the Lease Agreement. DISCUSSION: The Lease Agreement originally contained indemnity provisions that, at the Mayor's request, were removed and redrafted by Kit Williams. Now, the lease agreement allows for Cricket's equipment to be transferred to Smith 2 -way Radio, who has agreed to remove the equipment if they are allowed to keep it. The revised lease agreement has been sent by Kit Williams to an authorized representative of Cricket to be signed and returned. BUDGET/STAFF IMPACT: This will be $13,400 revenue for the Water & Sewer fund. Amount has already been budgeted in the 2015 operations budget. Attachments: • Staff Review Form • Revised Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Tim Nyander, Utilities Director FROM: Kit Williams, City Attorney U_ -2L ,J4 DATE: May 5, 2015 RE: Cricket Antenna on Township Water Tower Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal Since Cricket has been paying rent on your water tower, you probably need to begin the approval process for Cricket's offer to pay us $13,400.00 to end its lease and have the antenna removed (probably by Smith 2 -way Radio). We need to expedite this as we will be receiving significantly more than Cricket could be forced to pay under its Lease Agreement. Attached is my memo explaining everything with the attached Agreement already signed by Cricket's authorized representative. Please start this through Legistar as a non -agenda item (contract review only). 1 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan Sondra Smith, City Clerk Don Marr, Chief of Staff Paul Becker, Finance Director Tim Nyander, Utilities Director _ FROM: Kit Williams, City Attorney Q -� DATE: May 5, 2015 RE: Cricket Lease Termination Offer Accepted Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal On March 14, 2015, I sent you my memo analyzing our Lease Agreement and noting that Cricket had the following right: "Additionally, this Agreement may be terminated by the Tenant at any time for any reason or no reason." Thus, its offer to pay $13,400.00 was more than we could legally require and thus should be accepted ... especially if I could get them to agree to remove the indemnity provisions. I redrafted the Termination and Equipment Transfer Agreement removing the indemnifying language and inserting language allowing us to transfer their equipment to Smith 2 Way Radio who has agreed to remove the equipment from our water tower and property if they get to keep the equipment. I then (on April 16, 2015) emailed the revised Agreement to Paul Wrablica of Cricket and asked that he obtain the signature of their company's "authorized representative" and "mail the original to me ...." 1 Since I had not heard back from him, I was about to email him when fortunately I received his email yesterday with the revised and signed Agreement attached. I would prefer an actual original signature, but I think that we can rely upon the emailed version which is probably enforceable. I request that Mayor Jordan sign and City Clerk Sondra Smith attest the Mayor's signature on this attached Agreement. Sondra can keep this Agreement for her files, but I need a good copy of the fully executed Agreement to send back to Cricket. Attached are the emails from me to Mr. Wrablica and his response. Please expedite the approval process so the City can accept this $13,400.00 offer before it can be withdrawn. 0 2 Market: AR / XNA Site Name: Corn Drive Site #: XNA-011 Fixed Asset H: TERMINATION AND EQUIPMENT TRANSFER AGREEMENT This Termination and Equipment Transfer Agreement (the "Agreement") is made effective this _day of May, 2015 (the "Effective Date"), by and between Cricket Communications, Inc., a Delaware corporation, with an address at 7337 Trade Street, Suite 1600, San Diego, CA 92121, Attn: Network Real Estate Administration ("Cricket"), and The City of Fayetteville, with an address at 113 West Mountain Street, Fayetteville, AR 72701 ("Owner"). WITNESSETH WHEREAS, Cricket and Owner (or its respective predecessors) are parties to a certain Water Tank Attachment / Communication Site Lease Agreement (the "Lease") dated January 3, 2002, whereby Cricket was entitled to install, maintain, operate and remove communications equipment and appurtenances described in the Lease (the "Equipment") at a structure owned or operated by Owner and located at 1060 Township Road, Fayetteville, AR 72703 (the "Site"); and WHEREAS, Cricket has notified Owner that Cricket intends to terminate the Lease; and WHEREAS, the parties wish to modify Cricket's responsibility for removal the Equipment from the Site under the Lease; and NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants contained herein and intending to legally be bound hereby, agree as follows: Termination of Lease: Owner hereby acknowledges and agrees that as of the Effective Date, this Agreement shall serve as notice of Cricket's termination of the Lease. The Lease shall terminate as of June 30, 2015 (the "Lease Termination Date"), rendering the Lease null and void. All rights and obligations of the parties under the Lease shall terminate as of the Lease Termination Date, except for those rights and obligations which expressly survive the termination of the Lease. 2. Consideration: As consideration for Owner's agreement to the terms and conditions described herein, including but not limited to Owner's assumption of the obligation to remove any and all Equipment remaining at the Site, Cricket agrees to pay the amount of Thirteen Thousand, Four Hundred Dollars and No/100 ($13,400.00) (the "Pay and Walk Fee") within sixty (60) days after the full execution and delivery of this Agreement. The Pay and Walk Fee is accepted by Owner and is agreed by both Owner and Cricket to be the full consideration for all remaining rental payment, termination fees or other monies owed to Owner under the Lease. 3. Transferred Equipment: All of Cricket's right, title, and interest in and to any Equipment that remains located at the Site (the "Transferred Equipment") shall be deemed to be automatically transferred to Owner free and clear of all liens and encumbrances, as of June 30, 2015 (the "Transfer Date"). The Transferred Equipment includes the equipment cabinets and adjoining structural components, and all other equipment remaining on the Site as of the Transfer Date and detailed on Exhibit A attached hereto. Owner shall be solely responsible for, and shall pay, any and all taxes, including sales/use/property taxes that may be due in connection with the transfer of the Transferred Equipment. Owner agrees to assume all of the rights and obligations of Cricket, including removal, for the Transferred Equipment. 4. Hazardous Substances: Owner hereby acknowledges that the Transferred Equipment may include electronic equipment, batteries and emergency power engines which contain substances that may be identified as hazardous, toxic and/or dangerous under applicable federal, state and/or local laws and regulations ("Hazardous Substances"). From and after the Transfer Date, Owner agrees to accept full ownership of and responsibility for the Transferred Equipment, including any electronic equipment, batteries, and emergency power engines, and any Hazardous Substances derived therefrom. It is the present intention of Owner that the Transferred Equipment, including without limitation any electronic equipment, batteries, and emergency power engines if present, will be transferred to Smith 2 Way Radio, Inc. for their original intended use, rather than being scrapped or discarded. 5. No Warranty: The parties hereby explicitly acknowledge and agree that the Transferred Equipment is being transferred "as is, where is" with all faults and without warranty. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE CONDITION, QUALITY, MERCHANTABILITY AND FITNESS OR SUITABILITY FOR ANY PARTICULAR USE OR PURPOSE ARE HEREBY EXCLUDED AND DISCLAIMED. CRICKET SHALL HAVE ABSOLUTELY NO OBLIGATION TO REPAIR OR REPLACE ANY OF THE TRANSFERRED EQUIPMENT. 6. Waiver and Release: In consideration of this Agreement, Cricket hereby waives remuneration for the full market value of the Transferred Equipment. As of the Transfer Date, Owner hereby releases Cricket from all of the remaining responsibilities and obligations of Tenant under the Lease, including removal of the Transferred Equipment. The parties specifically acknowledge that the Lease contained provisions that were expressly intended to survive the expiration or termination of the Lease. The foregoing notwithstanding, the parties agree that any such responsibility or obligation shall remain in full force and effect and is incorporated by reference into this Agreement. Owner agrees to release Cricket for any defect in the Transferred Equipment. 7. Construction: Each party has had the opportunity for its own counsel to review this Agreement and participate in its drafting. Therefore, the rule construing the document against the drafter shall not apply to this Agreement or against any party. 8. Amendment: No amendment, supplement, modification, or waiver or termination of this Agreement and, unless otherwise specified, no consent or approval by any party, shall be binding unless executed in writing by the party to be bound thereby. 9. Waiver: No waiver by either party of any provision herein shall be deemed a waiver of any other provision or of any prior or subsequent breach of any provision herein. 10. Assignment: Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by either party without the prior written consent of the other parties. Cricket agrees that the Owner may transfer all of its interests to the Transferred Equipment to a third party such as Smith 2 Way Radio, Inc. 11. Authorization: The signatories hereto represent that they are duly authorized to execute this Agreement on behalf of their respective entities. 12. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. 13. Choice of Law: This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the State where the Site is located. 14. Counterparts: This Agreement may be executed in more than one original, and the parties agree that each original executed shall be treated as the original for all purposes. Facsimile signatures shall be acceptable to both parties and shall be deemed original signatures. 15. Severability: If any term, covenant or condition of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to other persons or circumstances, shall not be affected thereby, and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16. Survival: Al! terms, covenants and obligations contained in the Agreement shall remain in full force and effect without any limitation. IN WITNESS WHEREOF, the parties have signed this Agreement on the date above written. Cye munications, If (Sign t Victoria Forbes (Name Typnal Heal Estate .. • (Title) DATE Attest: )Ovr2ra (. City Clerk Sondra Smith 5,/i 5/i DATE �.�'�•.• ��,\T Y OF Y& =V•. I.nG FAYETTEVILLE %"u= '',$�lolllllli �`,` Exhibit A Transferred Equipment PageIofI to the Termination and Equipment Transfer Agreement dated 2015, by and between Cricket Communications, Inc., a Delaware corporation, with an addres&at 7337 Trade Street, Suite 1600, San Diego, CA 92121, Attn: Network Real Estate Administration ("Cricket"), and The City of Fayetteville, with an address at 113 West Mountain Street, Fayetteville, AR 72701 ("Owner"). Remaining materials will be assigned to the landlord. Site Inventory (items remaining on site): YES NO BTS - 3 - Cabinets x Coax • Six runs 15/B" x Platform / Concrete Pad x 'Antennas - Three panel antennas x 'Antenna Mounts - Three T -Arms X iDoghouse N/A ;Duct bank N/A Conduit x lice Bridge - 20' - Seven Poles x Fencing N/A Cable Tray N/A Wavegulde ladder • Banded to Water Tank with Uni-strut X PTC/PPC X Ground Ring X Ground Vaults N/A 'iH-Frame - Two Poles x ,Microwave N/A Shelter N/A Williams, Kit From: Paul Wrablica <pwrablica@me.com> Sent: Sunday, March 29, 2015 12:49 PM To: Williams, Kit Cc: Paul Wrablica III Subject: Cricket Lease Termination - 1060 Township Road Attachments: XNA-011 Termination and Equipment Transfer Agreement.doc Mr. Williams: I have attached a document presented by Cricket to terminate their Lease at the water tank on Township Road. Cricket is offering a $10,000 payment to walk away from the site. The documents reflects a payment of $13,400 which includes rent for May and a June. I will follow up the end of next week to answer any questions you may have. Thank you! Paul Wrablica, III Telecom Realty Consultants, LLC 3864 West 75th Street Prairie Village, KS 66208 (913) 449-4774 (voice) pwrablica@me.com Williams, Kit From: Williams, Kit Sent: Thursday, April 16, 2015 11:01 AM To: Paul Wrablica Cc: Jordan, Lioneld; Marr, Don Subject: RE: Cricket Lease Termination - 1060 Township Road Attachments: XNA-011 Termination and Equipment Transfer Agreement.doc Paul, The Mayor has agreed to your proposed agreement with the minor changes I have made primarily in paragraph 4 because we cannot agree to indemnity nor "hold harmless" provisions. I substituted that we "accept full ownership of and responsibility for the Transferred Equipment... , "which in reality provides Cricket with the same basic protection for things occurring after the transfer date. My proposed amended agreement is attached. I also fully deleted paragraph 6. Indemnification because I do not think it fair to ask Cricket to indemnify us if we cannot indemnify Cricket. I then renumbered the remaining paragraphs. I only changed paragraph 11 Assignment by adding that Cricket agreed to allowing us to immediately transfer the equipment "to a third party such as Smith 2 Way Radio, Inc." Since my revisions shortened the agreement, I was able to get the signature page on Page 3 rather than on its own separate page. I also revised the signature lines for the City to our normal style. If these minor changes are acceptable to you, please have your authorized representative sign the agreement and mail the original to me at City Attorney's Office, 113 West Mountain, Fayetteville, AR 72701. If you desire a duplicate original, please send a second that we can sign and return to you. Otherwise, we will send you a copy of the fully executed agreement by either mail or email whichever you prefer. Kit Williams Fayetteville City Attorney 479.575.8313 ----Original Message ---- From: Paul Wrablica [mailto:pwrablica@me.com] Sent: Tuesday, April 14,20153:01 PM To: Williams, Kit Cc: Paul Wrablica III Subject: Cricket Lease Termination - 1060 Township Road Kit, I have attached my previous e-mail for your review. My contact information is below. Thanks! Paul Wrablica, III Telecom Realty Consultants, LLC 3864 West 75th Street Prairie Village, KS 66208 (913) 449-4774 (voice) pwrablica@me.com > On Mar 29, 2015, at 12:48 PM, Paul Wrablica <pwrablica@me.com> wrote: > Mr. Williams: > I have attached a document presented by Cricket to terminate their Lease at the water tank on Township Road. Cricket is offering a $10,000 payment to walk away from the site. The documents reflects a payment of $13,400 which includes rent for May and a June. I will follow up the end of next week to answer any questions you may have. Thank you,! > Paul Wrablica, III > Telecom Realty Consultants, LLC > 3864 West 75th Street > Prairie Village, KS 66208 > (913) 449-4774 (voice) > pwrablica@me.com