HomeMy WebLinkAbout223-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 223-18
File Number: 2018-0552
T -MOBILE CENTRAL, LLC:
A RESOLUTION TO APPROVE A FIVE-YEAR LEASE AGREEMENT WITH T -MOBILE CENTRAL
LLC FOR WATER TANK AND LAND SPACE AT THE MARKHAM WATER TANK SITE IN THE
AMOUNT OF $2,000.00 PER MONTH, WITH AUTOMATIC RENEWALS FOR UP TO FOUR
ADDITIONAL FIVE YEAR TERMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and authorizes
Mayor Jordan to sign a five-year lease agreement and memorandum of lease, copies of which are attached
to this Resolution, with T -Mobile Central LLC for water tank and land space at the Markham Water
Tank Site in the amount of $2,000.00 per month, with automatic renewals for up to four additional five
year terms.
PASSED and APPROVED on 11/8/2018
r,
Approved:
Page 1
Attest:
Kl T 4
Sondra E. Smith, City Clerk T, Lrr`e�0 Y Ot"..C.'S
;ter
FAYETTEVILLE-'
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Printed on 1119118
City of Fayetteville, Arkansas 113 West Mountain Street
1 Fayetteville, AR 72701
(479) 575-8323
t
' Text File
File Number: 2018-0552
Agenda Date: 11/8/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 7
T -MOBILE CENTRAL, LLC:
A RESOLUTION TO APPROVE A FIVE YEAR LEASE AGREEMENT WITH T -MOBILE CENTRAL
LLC FOR WATER TANK AND LAND SPACE AT THE MARKHAM WATER TANK SITE IN THE
AMOUNT OF $2,000.00 PER MONTH, WITH AUTOMATIC RENEWALS FOR UP TO FOUR
ADDITIONAL FIVE YEAR TERMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and authorizes Mayor
Jordan to sign a five year lease agreement and memorandum of lease, copies of which are attached to this
Resolution, with T -Mobile Central LLC for water tank and land space at the Markham Water Tank Site in the
amount of $2,000.00 per month, with automatic renewals for up to four additional five year terms.
City of Fayetteville, Arkansas Page 1 Printed on 11/912018
City of Fayetteville Staff Review Form
2018-0552
Legistar File ID
11/8/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 10/12/2018 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of a Water Tank and Land Lease Agreement with T -Mobile Central, LLC for cell
antenna space on the Markham water tank and land space for a building and equipment. The lease will provide
$2,000.00 per month in revenue.
Budget Impact:
5400.720.4000-6450.00
Account Number
N/A
Water and Sewer
Fund
N/A
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Previous Ordinance or Resolution #
Approval Date:
V2U18UJ27
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 8, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: October 5, 2018
CITY COUNCIL MEMO
SUBJECT: Approval of a Water Tank and Land Lease Agreement with T -Mobile
Central, LLC
RECOMMENDATION:
Staff recommends the approval of a Water Tank and Land Lease Agreement with T -Mobile
Central, LLC for cell antenna space on the Markham water tank and land space for a building
and equipment.
BACKGROUND:
The Markham water tank located on Sang Avenue is a desired location for telecommunications
companies to place cell tower antennas on. Sprint currently has equipment on the Markham
tank, and T -Mobile is interested in installing cell antennas and related equipment. The tank is
structurally designed to withstand the weight of the current and proposed cell antenna
equipment.
DISCUSSION:
Upon City Council approval, the agreement would be effective January 1, 2019 for a term of five
(5) years, with four (4) additional five (5) year terms that will be automatically extended unless
the agreement is terminated 6 months before the end of the current term. T -Mobile would pay
the City of Fayetteville $2,000.00 per month for the water tank space and land space, with an
increase of ten (10) percent per term.
BUDGET/STAFF IMPACT:
The agreement will provide an annual rental income of $24,000.00 to the Water and Sewer
Fund.
Attachments:
Memorandum of Lease
Water Tank and Land Lease Agreement
Survey and Construction Drawings
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
After Recording, Mail To:
T -Mobile Central LLC
12980 Foster, Suite 200
Overland Park, KS 66213
APN: 765-14547-000
Loan No.
Memorandum
Of
Lease
MEMORANDUM OF LEASE
A Site Lease Agreement (the "Lease") by and between City of Fayetteville, Arkansas, a(n) corporation
("Landlord") and T -Mobile Central LLC, a Delaware limited liability company ('"tenant") was made
regarding a portion of the following property (as more particularly described in the Lease, the "Premises"):
See Attached Exhibit A incorporated herein for all purposes.
Without limiting the terms and conditions of the Lease, Landlord and Tenant hereby acknowledge the following:
1. Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed to such terms
In the Lease.
2. The initial term of the Lease shall be for five (5) years and will commence on the date of full execution
of the lease.
3. Tenant shall have the right to extend the Lease for four (4) additional and successive five (5) -year terms.
4. This memorandum is not a complete summary of the Lease. It is being executed and recorded solely to
give public record notice of the existence of the Option and the Lease with respect to the Premises.
Provisions in this memorandum shall not be used in interpreting the Lease provisions and in the event
of conflict between this memorandum and the said unrecorded Lease, the unrecorded Lease shall
control.
Site Number: A1102111611 Gy Site lease •version 5,8, 17
She Nome: CIs�f F�ygie4v11e V
Market: !Arkansm
S. This memorandum maybe signed in any number of counterparts, each of which shall bean original, with
the same effect as if the signatures thereto were upon the same instrument.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of
the date of the last party to sign.
LANDLn City of Fayetteville,
�1
TENANT: T -Mobile Central LLC
Printed Name: Ken F191sh
Title: Director, E gineering & Operations
Date: 4P
She Number:IA D211!8 Site lease- varskm S-8.17
She Name: My of FmhwMe NR C.1
Make!kr ansas
INotaryblock for Landlord)
[Landlord Notary block for a Corporation, Partnership,or Limited Liability Company]
STATE OF. A4 MaS)
) ss.
COUNTY OF �t r . �� }
T ' instrument was acknowledged before me on } ` ' ' L b
�� g �� ILL ! v
l [title] _ of
4 w iJ a lelyJ ` 14rItype of entity], on behalf of said
1t [name of entity].
Dated: UjA i]'1 lJ u'
Notary Pub]
Print Name
My commis:
(Use this space for notary stamp/seal)
[Landlord Notary block for an individual]
STATE OF
COUNTY OF
)
) Ss.
}
This instrument was acknowledged before me on by
Individual.
Dated:
, an
Site Number: ARD21168 511 a Lease• version 5.8, 17
Site Name_ CI1v of Fayetteville Wl' C•7
Market; Arkansas
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
Mary 6fnck for Tenant]
STATE OF }
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
DtilC-t v- Nbtu&'L of T -Mobile Central LLC, a Delaware limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: _ I (D l -f )8
Notary Public
Print Name r
My commission expires
(Use this space for notary stamp/seal)
51teNumber; AR02s1 a
Site Lease - version 5.8 27
51teName: QtyOFFay etleVI11a+NT C-4
Markel: Arkansas
Memorandum of Lease - Exhibit A
Legal Description
The Property is legally described as follows:
Property located in Washington, AR
The following described land, situate in Washington County, State of Arkansas, to -wit:
Beginning at a point which is 594.0 feet North of the SE corner of the SW X of the NW X of Sec. 17, T 16
N, R 30 W in Washington County, Arkansas; said point being on the East line of said SW'/. of the NW %;
thence West and parallel to the South line of said SW Y4 of the NW'/, of said Sec. 17, 266.8 feet more or
less; thence South parallel to the East line of said SW % of the NW X 105 feet; thence West and parallel
to the South line of said SW % of the NW'/. 270 feet; thence North and parallel to the East line of the
SW Y4 of the NW % 270 feet; thence East and parallel to the South line of the SW X of the NW YA 270
feet; thence South and parallel to the East line of said SW X of the NW % 115 feet; thence East and
parallel to the South line of the SW % of the NW Y4266.8 feet, more or less to a point on the East line of
said SW % of Section 17; thence South along the East line of said SW X of the NW Y450 feet to the point
of beginning and containing 1.98 acres, more or less.
AND BEING the same property conveyed to City of Fayetteville, a municipal corporation from
Evangeline Pratt Archer(being one and the same person as Evangeline Pratt), one of the devisees under
the Last Will and Testament of C.L. Pratt, deceased by Warranty Deed dated May 05, 1959 and recorded
May 05, 1959 in Deed Book 520, Page 199; AND FURTHER CONVEYED to City of Fayetteville, Arkansas, a
municipal corporation from Magdalene Pratt, widow of C.L. Pratt, deceased and Margaret Joy Pratt
Markham, being one and the same person as Margaret Joy Markham; all being devises under the Last
Will and Testament of C.L. Pratt, deceased by Warranty Deed dated March 06, 1959 and recorded May
05, 1959 in Deed Book 520, Page 200.
Tax Parcel No. 765-14547-000
Site Number: AltDtl Il b Site Lease-verslon 5 8 17
Site Name,. city o! Favr[tcvdlr wt C -S
Market' Arkansas
T -Mobile Site No. AR02116B
WATER TANK AND LAND LEASE AGREEMENT
This Agreement, made this � day of , 2018, between the CITY OF
FAYETTEVILLE, ARKANSAS, 113 W. Mountain Street, Fayetteville, AR 72701, hereinafter
designated FAYETTEVILLE, and T -MOBILE CENTRAL LLC, with its principal office located at
12920 SE 38th Street, Bellevue, WA 98006, hereinafter designated as T -MOBILE.
FAYETTEVILLE and T -Mobile are at times collectively referred to hereinafter as the "Parties".
I. PREMISES. FAYETTEVILLE hereby leases to T -MOBILE, a portion of that certain
parcel of property it owns known as the Markham Water Tank site, referred to hereinafter as the
Markham Water Tank site, located in Washington County, Arkansas, and described in Exhibit "A"
attached hereto (the "Land Space") and space on the Markham Water Tank, together with the
non-exclusive but constant (24 hours per day, 7 days a week) access and utility easement over, under,
or along the existing utility and access easement, said portion of the Land Space, water tank space
and necessary easement (hereinafter collectively referred to as the "Premises") being substantially
as described herein in Exhibit "B" attached hereto and made a part hereof. T -MOBILE agrees not
to block the access easement at any time and to coordinate and cooperate with FAYETTEVILLE
and all tenants in their use of and access to their facilities.
2. SURVEY. FAYETTEVILLE also hereby grants to T -MOBILE, the right to survey the
site and the Premises. Fayetteville may also survey the site and provide such survey to T -MOBILE.
After review and acceptance of the survey by FAYETTEVILLE, the survey shall then become
Exhibit "C" which shall be attached hereto and made a part hereof and shall control in the event of
boundary and access discrepancies between it and Exhibit "B".
3. TERM. This Agreement shall be effective January I, 2019, and shall be in effect for a
term of five (5) years. Rental payments shall commence on the effective date and shall be due at a
total monthly rental of Two Thousand Dollars ($2,000.00) to be paid on the first day of the month,
in advance, to FAYETTEVILLE. However, the first rent payment shall be due within 30 days of
the effective date. Rent for any partial month shall be prorated on a per day basis, based on the
number of days in the month.
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless T -MOBILE terminates it at the end of the then current term by
giving FAYETTEVILLE written notice of its intent to terminate at least six (6) months prior to the
end of the then current term.
5. EXTENSION RENTALS. The monthly rental for each successive renewal term shall
be an amount equal to one hundred ten percent (I 10%) of the rent For the immediately preceding
term.
T -Mobile Site Pia. AR021168
6. USE: GOVERNMENTAL APPROVALS. T -MOBILE shall use the Premises for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
incidental thereto. Security measures may be placed around the communications facilities with the
approval of FAYETTEVILLE, (not including the access easement). All improvements, equipment
and conduits shall be at T-MOBILE's expense and the installation of all improvements shall be at
the discretion and option of T -MOBILE. T -MOBILE shall have the right to replace, repair, or
otherwise modify its equipment and/or conduits or any portion thereof and the frequencies over
which the equipment operates, but shall not add any equipment not specified in the Schedule of
Equipment attached hereto as Exhibit "D" without the prior written approval of FAYETTEVILLE,
during the Term. It is understood and agreed that T-MOBILE's ability to use the Premises is
contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits
and other approvals (collectively the "Governmental Approvals") that may be required by any
Federal, State or Local authorities as well as satisfactory structural tests which will permit T -
MOBILE use of the Premises asset forth above. FAYETTEVILLE shall take no action which would
adversely affect the status of the Property with respect to the proposed use thereof by T -MOBILE.
In the event that any of such applications for such Governmental Approvals should be finally
rejected; any Governmental Approval issued to T -MOBILE is canceled, expires, lapses, or is
otherwise withdrawn or terminated by governmental authority T -MOBILE, shall have the right to
terminate this Agreement. Notice of T -MOBILE'S exercise of its right to terminate shall be given
to FAYETTEVILLE in writing pursuant to section 16. All rentals paid to said termination date shall
be retained by FAYETTEVILLE. Upon such termination, this Agreement shall be of no further
force or effect except to the extent of the representations, warranties and indemnities made by each
party to the other hereunder. Otherwise, T -MOBILE shall have no further obligations for the
payment of rent to FAYETTEVILLE. if this site becomes technologically unsuitable for T-
MOBILE's purposes, T -MOBILE may terminate this lease upon ninety days notice.
7. MAINTENANCE. T -MOBILE agrees that at its own cost and expense it will clear any
vegetation, including all existing trees, along the fence line necessary for installation of its facilities,
improvements, equipment or conduits and that it will maintain the area along the fence line in which
its facilities are located during the term of this Agreement. Maintenance of the fence line shall be
checked and completed on an annual basis.
8. INSURANCE. T -MOBILE agrees that at its own cost and expense, it will maintain
commercial general liability insurance with limits not less than $1,000,000 for injury to or death
of one or more persons in any one occurrence and $500,000 for damage or destruction to property
in any one occurrence.
9. LIMITATION OF LIABILITY. In no event will either FAYETTEVILLE or T -
MOBILE be liable to the other, or any of their respective agents, representatives, employees for
any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect,
special or consequential damages, loss of data, or loss or interruption of use of service, under any
theory of tort, strict liability or negligence.
T -Mobile Site No. AR02116B
10. €NTERFERENCE. T -MOBILE agrees to install equipment of the type and frequency
which will not cause material interference which is measurable in accordance with then existing
industry standards to any equipment of FAYETTEVILLE or its lessees of the Property. In the
event any after -installed T-MOBILE's equipment causes such interference, and after
FAYETTEVILLE has notified T -MOBILE in writing ofsuch interference, T -MOBILE will take
all commercially reasonable steps necessary to correct and eliminate the interference, including
but not limited to, at T -MOBILE'S option, powering down such equipment and later powering up
such equipment for intermittent testing. In no event will FAYETTEVILLE be entitled to terminate
this Agreement or relocate the equipment as long as T -MOBILE is making a good faith effort to
remedy the interference issue. T -MOBILE agrees to indemnify and hold Fayetteville harmless
from any claim by other tenants that T-MOBILE's equipment has damaged or interfered with their
equipment or service to their customers. FAYETTEVILLE agrees that it or other tenants of the
Property who currently have or in the future take possession of the Property will be permitted to
install only such equipment that is of the type and frequency which will not cause material
interference which is measurable in accordance with then existing industry standards to the then
existing equipment of T -MOBILE.
11. REMOVAL AT END OF TERM. T -MOBILE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s),
antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and
restore the Premises to its original condition, reasonable wear and tear and casualty damage
excepted. FAYETTEVILLE agrees and acknowledges that all of the equipment, conduits, fixtures
and personal property of T -MOBILE shall remain the personal property of T -MOBILE and T -
MOBILE shall have the right to remove the same at any time during the Term, whether or not said
items are considered fixtures and attachments to real property under applicable Laws. If such time
for removal causes T -MOBILE to remain on the Premises after termination of this Agreement, T -
MOBILE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis
if based upon a longer payment term, until such time as the removal of the building, antenna
structure, fixtures and all personal property are completed.
12. QUIET ENJOYMENT. FAYETTEVILLE covenants that T -MOBILE, on paying the
rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the
Premises. FAYETTEVILLE agrees that this lease shall survive and remain in force if
FAYETTEVILLE sells or transfers any part of the Land Space.
13. TITLE. FAYETTEVILLE represents and warrants to T -MOBILE as ofthe execution
date of this Agreement, and covenants during the Term that FAYETTEVILLE is seized of good
and sufficient title and interest to the Property and has full authority to enter into and execute this
Agreement and that there are no covenants, easement or restrictions which prevent or adversely
affect the use of occupancy of the Premises by T -MOBILE as set forth above.
14. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between FAYETTEVILLE and T -MOBILE and that no
verbal or oral agreements, promises or understandings shall be binding upon either
T -Mobile Site No. AR02116B
FAYETTEVILLE or T -MOBILE. In the event any provision of the Agreement is found to be
invalid or unenforceable, such finding shall not affect the validity and enforceability of the
remaining provisions of this Agreement. The failure of either Party to insist upon strict
performance of any of the terms or conditions of this Agreement or to exercise any of its rights
under the Agreement shall not waive such rights and such Party shall have the right to enforce
such rights at any time and take such action as maybe lawful and authorized under this Agreement,
in law or in equity.
15. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of Arkansas and venue shall be in
Washington County, Arkansas.
16. ASSIGNMENT. This Agreement may be sold, assigned or transferred by T -
MOBILE without the written approval or consent of FAYETTEVILLE to T -MOBILE'S principal,
affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of T-
MOBILE's assets in the market defined by the Federal Communications Commission in which the
Property is located by reason of a merger, acquisition or other business reorganization. As to other
parties, this Agreement may not be sold, assigned or transferred without the written consent of
FAYETTEVILLE, which such consent will not be unreasonably withheld or delayed. No change
of stock ownership or control of T -MOBILE shall constitute an assignment hereunder. T -
MOBILE may not sublease any portion of the Property.
17. NOTICES. All notices hereunder must be in writing and shall be sent by certified
mail, return receipt requested or by commercial courier, provided the courier's regular business is
delivery service and provided further that it guarantees delivery to the addressee by the end of the
next business day following the courier's receipt from the sender, addressed as follows (or any
other address that the Party to be notified may have designated to the sender by like notice):
CITY OF FAYETTEVILLE: CITY OF FAYETTEVILLE
Office of the Mayor
113 W. Mountain Street
Fayetteville, AR 72701
T -MOBILE CENTRAL LLC: T -MOBILE USA, INC.
12920 SE 381h Street
Bellevue, WA 98006
Attn: Lease Compliance/AR02116B
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
18. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
T -Mobile site No. AR02116B
19. DEFAULT.
(a) In the event there is a breach by T -MOBILE with respect to any of the provisions of
this Agreement or its obligations under it, including the payment of rent, FAYETTEVILLE shall
give T -MOBILE written notice of such breach. After receipt of such written notice, T -MOBILE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to
cure any non -monetary breach, provided T -MOBILE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and T -MOBILE commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. FAYETTEVILLE may
not maintain any action or effect any remedies for default against T -MOBILE unless and until T -
MOBILE has failed to cure the breach within the time periods provided in this Paragraph.
However, repetitive breaches relating to blocking or interfering with the access easement or the
rights of other tenants to successfully operate their equipment without electronic or other
interference shall give FAYETTEVILLE the right to terminate this contract even if such breaches
are temporary and cured within thirty days.
(b) In the event there is a breach by FAYETTEVILLE with respect to any of the provisions
of this Agreement or its obligations under it, T -MOBILE shall give FAYETTEVILLE written
notice of such breach. After receipt of such written notice, FAYETTEVILLE shall have thirty
(30) days in which to cure any such breach, provided FAYETTEVILLE shall have such extended
period as may be required beyond the thirty (30) days if the nature of the cure is such that it
reasonably requires more than thirty (30) days and FAYETTEVILLE commences the cure within
the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion.
T -MOBILE may not maintain any action or effect any remedies for default against
FAYETTEVILLE unless and until FAYETTEVILLE has failed to cure the breach within the time
periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a
default under this Agreement if FAYETTEVILLE fails, within five (5) days after receipt of written
notice of such breach, to perform an obligation required to be performed by FAYETTEVILLE if
the failure to perform such an obligation interferes with T-MOBILE's ability to conduct its
business on the Property; provided, however, that if the nature of FAYETTEVILLE's obligation
is such that more than five (5) days after such notice is reasonably required for its performance,
then it shall not be a default under this Agreement if performance is commenced within such five
(5) day period and thereafter diligently pursued to completion.
20. REMEDIES. Upon a default, the non -defaulting party may at its option but after
notice to the other party (but without obligation to do so), perform the defaulting party's duty or
obligation on the defaulting party's behalf. The costs and expenses of any such performance by
the non -defaulting party shall be due and payable by the defaulting party upon invoice therefor.
In the event of a default by either party with respect to a material provision of this Agreement,
without limiting the non -defaulting party in the exercise of any right or remedy which the non -
defaulting may have by reason of such default, the non -defaulting party may terminate the
Agreement and/or pursue any remedy now or hereafter available to the non -defaulting party under
the laws or judicial decisions of the state in which the Premises are located; provided, however,
T -Mobile Site No. AR02.116B
FAYETTEVILLE and T -MOBILE shall use reasonable efforts to mitigate any damages in
connection with a default by FAYETTEVILLE or T -MOBILE. If T -MOBILE so performs any of
FAYETTEVILLE's obligations hereunder, the full amount of the reasonable and actual cost and
expense incurred by T -MOBILE shall immediately be owing by FAYETTEVILLE to T -MOBILE,
and FAYETTEVILLE shall pay to T -MOBILE upon demand the full undisputed amount thereof
with interest thereon from the date of payment at the highest rate permitted by applicable Laws.
Notwithstanding the foregoing, if FAYETTEVILLE does not pay T -MOBILE the full undisputed
amount within thirty (30) days of its receipt of an invoice setting forth the amount due from T -
MOBILE, T -MOBILE may offset the full undisputed amount, including all accrued interest, due
against all fees due and owing to FAYETTEVILLE until the full undisputed amount, including all
accrued interest, is fully reimbursed to T -MOBILE.
21. CASUALTY. In the event of damage by fire or other casualty to the Premises that
cannot reasonably be expected to be repaired within Forty-five (45) days following the event, T -
MOBILE may terminate this by sending written notice to FAYETTEVILLE. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the date
set forth in such notice were the date originally set as the expiration date of this Agreement and
the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall
abate during the period of repair following such fire or other casualty in proportion to the degree
to which T-MOBILE's use of the Premises is impaired.
22. CONDENINA110N. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Property, T -MOBILE, in T -MOBILE'S sole discretion, is unable to use the
Premises for the purposes intended hereunder, or if such condemnation may reasonably be
expected to disrupt T-MOBILE's operations at the Premises for more than forty-five (45) days, T -
MOBILE may, at T-MOBILE's option, to be exercised in writing within fifteen (15) days after
FAYETTEVILLE shall have given T -MOBILE written notice of such taking (or in the absence of
such notice, within fifteen (15) days after the condemning authority shall have taken possession)
terminate this Agreement as of the date the condemning authority takes such possession. T -
MOBILE may on its own behalf make a claim in any condemnation proceeding involving the
Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages
and losses. Any such notice of termination shall cause this Agreement to expire with the same
force and effect as though the date set forth in such notice were the date originally set as the
expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such
termination date with respect to payments due to the other under this Agreement. IFT-MOBILE
does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain
in full force and effect as to the portion of the Premises remaining, except that the rent shall be
reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable
area ,of the Premises. In the event that this Agreement is not terminated by reason of such
condemnation, T -MOBILE shall promptly repair any damage to the Premises caused by such
condemning authority.
T -Mobile site No. AR02116B
23. SUBMISSION OF AGREEMENT/PARTIAL INVALiDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants
to the other that the person or persons executing this Agreement on behalf of such Party has the
full right, power and authority to enter into and execute this Agreement on such Party's behalf and
that no consent from any other person or entity is necessary as a condition precedent to the legal
effect of this Agreement.
24. APPLICABLE LAWS. T -MOBILE shall, in respect to the condition of the Premises
and at T-MOBILE's sole cost and expense, comply with (a) all Laws relating solely to T-
MOBILE's specific and unique nature of use of the Premises; and (b) all building codes requiring
modifications to the Premises due to the improvements being made by T -MOBILE in the Premises.
25. SURVIVAL. Any provisions of this Agreement which require performance
subsequent to the termination or expiration of this Agreement shall also survive such termination
or expiration.
26. CAPTIONS. The captions contained in this Agreement are inserted for convenience
only and are not intended to be part of the Agreement. They shall not affect or be utilized in the
construction or interpretation of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective
seals the day and year first above written.
T -MOBILE CENTRAL LLC CITY OF F 'ETTEVILLE
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By: Bw
NAME LlbNEL d DAN
Titl Ken Bush Mayor
eClrecbor, Engineering & Operations
ATTEST:
By: rZZQ ttrrrrr►►►►i
r•Moo+.i.pi,al _ SONDRA E. SMITH-4s�`�.
T -Mobile Legal Approval City Clerk -Treasurer ����:' �,1j Y Off. ••Lp•�'�
y_. ■Cr"
: FAYEif EVILLE .
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T-Mobile Site No. AR02116B
T -Mobile Site No, AR02116B
EXHIBIT "A"
LAND SITE DESCRIPTION
The following described land, situate in Washington County, State of Arkansas, to -wit:
Beginning at a point which is 594.0 feet North of the SE corner of the SW Y of the NW % of Sec.
17, T 16N, R 30 W in Washington County, Arkansas; said point being on the East line of said SW
% of the NW %; thence West and parallel to the South line of said SW Y of the NW'/. of said Sec.
17, 266.8 feet more or less; thence South parallel to the East line of said SW % of the NW '/. 105
feet; thence West and parallel to the South line of said SW % of the NW % 270 feet; thence North
and parallel to the East line of the SW Y4 of the NW '/, 270 feet; thence East and parallel to the
South line of the SW'/. of the NW'/.270 feet; thence South and parallel to the East line of said
SW % of the NW % 115 feet; thence East and parallel to the South line of the SW Y4 of the NW Y,
266.8 feet, more or less to a point on the East line of said SW X of Section 17; thence South along
the East line of said SW Y4 of the NW Y450 feet to the point of beginning and containing 1.98 acres,
more or less.
AND BEING the same property conveyed to City of Fayetteville, a municipal corporation from
Evangeline Pratt Archer(being one and the same person as Evangeline Pratt), one of the devisees
under the last Will and Testament of C.L. Pratt, deceased by Warranty Deed dated May 05, 1959
and recorded May 05, 1959 in Deed Book 520, Page 199; AND FURTHER CONVEYED to City of
Fayetteville, Arkansas, a municipal corporation from Magdalene Pratt, widow of C.L. Pratt,
deceased and Margaret Joy Pratt Markham, being one and the same person as Margaret Joy
Markham; all being devises under the Last Will and Testament of C.L. Pratt, deceased by
Warranty Deed dated March 06, 1959 and recorded May 05, 1959 in Deed Book 520, Page 200.
Tax Parcel No. 765-14547-000
T -Mobile Site No. AR02116B
EXHIBIT "B"
PREMISES DESCRIPTION
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EXHIBIT "C"
SURVEY OF PREMISES
T-7JO97lf SIFE SURVEY. ARKANSAS sa-r.4Rt�rv[�a.r_�
'm 'ARA2 t 15R" £4ufPMEHi $7TH $iJ f2 VE Yi N C �1 .
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w �'1 � EdfJiFUE'Ni WE [iASEHtlLd AREA Sl1RYEY 't'.�'i�'"::5'Sli. .., 1 'Mobile
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LOCATED IN: rAYMEMIE, WASHINGTON COUNTY, ARKANSAS`MObile
EOU PMENT SITE LEASEHOLD AREA SURVEY
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T—MOBILE SITE NO.: ARD21168
T -Mobile Site No. AR02116B
EXHIBIT "D"
SCHEDULE OF EQUIPMENT
17
CITY OF
FAYETTEVILLE
ARKANSAS
September 14, 2018
Katherine Gibbs
Site Acquisition Consultant
KGI Wireless, Inc.
Building Three, Suite 370
805 Las Cimas Parkway
Austin, Texas 78746
Dear Katherine,
We have reviewed the latest changes to your construction drawings for placing 6 new cell
antennas (and related equipment) on the Markham Tank, located at 117 N. Sang Avenue.
You have made the requested changes, and this letter is to confirm my approval of those plans,
a copy of which are attached.
A copy of this letter will be provided to the Fayetteville City Council, which must approve the
proposed lease agreement, and Mayor Jordan, who must execute the lease agreement on
behalf of the City, before any construction may begin.
Kind Regards,
Tim XVae�
Utilities Director
City of Fayetteville
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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