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 •