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03-07-2025 (WEDC) Agenda Posting Notice of Event (02)DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT P.O. BOX 17300 FORT WORTH, TX 76102-0300 February 4, 2025 Real Estate Division SUBJECT: Lavon Lake, Texas; License No. DACW63-3-25-0527 Mr. Brent Parker City Manager City of Wylie 300 Country Club, Building 100 Wylie, Texas 75098 Dear Mr. Parker: Enclosed is the subject license granting you permission for continued usage of a secure data communication system on an existing radio tower on Tract Al -A at Lavon Lake, Texas. Please sign, date, and return the license to the above address, Attention: CESWF- RE-M (Mr. Murrell). If you have any questions, please contact Mr. Robert Murrell, 817- 886-1023 or Robert. G. M urrell(&- usace. army. mil. Sincerely, C� Anna S. Cleveland Chief, Civil Section Management and Disposal Branch Enclosure LICENSE NO. DACW63-3-25-0527 Replaces No. DACW63-3-20-0634 DEPARTMENT OF THE ARMY LICENSE LAVON LAKE COLLIN COUNTY, TEXAS THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under authority of Title 10 United States Code, Section 2668, hereby grants to the City of Wylie, 2000 North State Highway 78, Wylie, Texas 75098, hereafter referred to as the Grantee, a license for a secure data communication system on an existing radio tower on Tract No. A-1A, over, across, in and upon lands of the United States, as identified in EXHIBIT A — MAP, attached hereto and made a part hereof, hereinafter referred to as the Premises. THIS LICENSE is granted subject to the following conditions: H1111i=1:Z►Til This license is granted for a term of five (5) years, beginning August 1, 2025, and ending July 31, 2030, but revocable at will by the Secretary. 2. CONSIDERATION The consideration for this license shall be the operation and maintenance of a secure data communication system on an existing radio tower for the benefit of the general public and the United States in accordance with the terms and conditions hereinafter set forth. 3. NOTICES All correspondence and notices to be given pursuant to this license shall be addressed, if to the Grantee, to City of Wylie, 300 Country Club, Building 100, Wylie, Texas 75098; and if to the United States, to the Real Estate Contracting Officer, Attention: Real Estate Division CESWF-RE-M, Post Office Box 17300, Fort Worth, Texas 76102-0300; or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. Page 1 of 7 LICENSE NO. DACW63-3-25-0527 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", Real Estate Contracting Officer, or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE REAL ESTATE CONTRACTING OFFICER The use and occupation of the Premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer, Fort Worth District hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The Grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the Premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the Premises; c. subject to other outgrants of the United States on the Premises; d. personal to the Grantee, and this license, or any interest therein, may not be transferred or assigned. 8. CONDITION OF PREMISES The Grantee acknowledges that it has inspected the Premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9. COST OF UTILITIES The Grantee shall pay the cost, as determined by the officer having immediate supervision over the Premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government -owned facilities for the use of the Grantee, including the Grantee's proportionate share of the cost of operation Page 2of7 LICENSE NO. DACW63-3-25-0527 and maintenance of the Government -owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction. 10. PROTECTION OF PROPERTY The Grantee shall keep the Premises in good order and in a clean, safe condition by and at the expense of the Grantee. The Grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the Grantee under this license, and shall exercise due diligence in the protection of all property located on the Premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefore by the Grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee's officers, agents, or employees or others who may be on the Premises at their invitation or the invitation of any one of them, and the Grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors to the extent allowed by law. 12. RESTORATION On or before the expiration of this license or its termination by the Grantee, the Grantee shall vacate the Premises, remove the property of the Grantee, and restore the Premises to a condition satisfactory to said officer. If, however, this license is revoked, the Grantee shall vacate the Premises, remove said property and restore the Premises to the aforesaid condition within such time as the Real Estate Contracting Officer may designate. In either event, if the Grantee shall fail or neglect to remove said property and restore the Premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefore, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Grantee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the Premises. Page 3 of 7 LICENSE NO. DACW63-3-25-0527 13. NON-DISCRIMINATION a. The grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin or religion. b. The Grantee shall not discriminate against any person or persons or exclude them from participation in the Grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the Premises. The Grantee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. 14. TERMINATION This license may be terminated by the Grantee at any time by giving the Real Estate Contracting Officer at least ten (10) days' notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten (10) days prior to the rental due date, the Grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the Premises against pollution of its air, ground and water. The Grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the Premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The Grantee shall not discharge waste or effluent from the Premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Grantee's activities, the Grantee shall be liable to restore the damaged resources. c. The Grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the Premises. Page 4 of 7 LICENSE NO. DACW63-3-25-0527 16. HISTORIC PRESERVATION The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the Premises, the Grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the Premises are concerned; and the Grantee shall obtain any permit or license which may be require by Federal, state, or local statute in connection with the use of the Premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3' March 1899 (33 USC 403), Section 404 of the Clean Waters Act (33 USC 1344), and Section 408 (33 U.S.C. § 408). 18. DETERMINATION REGARDING EXECUTIVE ORDER 13658 a. It has been determined this contract is not subject to Executive Order 13658 or the regulations issued by the Secretary of Labor in 29 CFR Part 10 pursuant to the Executive Order. b. If a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous determination regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for and from any and all liabilities, losses, claims, expenses, suites, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 19. DETERMINATION REGARDING EXECUTIVE ORDER 13706 It has been determined this contract is not subject to Executive Order 13706 or the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order. Page 5 of 7 LICENSE NO. DACW63-3-25-0527 20. ADDED CONDITIONS a. Access to the antenna tower shall be coordinated in advance with the Lavon Lake office as it is located behind a locked gate. b. As of the date of this license, an inventory and condition report of all personal property and improvements of the United States is attached hereto as Exhibit B and made a part hereof. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Page 6 of 7 LICENSE NO. DACW63-3-25-0527 IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this day of , 2025. Lee A. Flannery Deputy Chief, Real Estate Division Real Estate Contracting Officer THIS LICENSE is also executed by the Grantee this Ll day of NOrV " , 2025. City of Wylie r4 Az-!k" Signature GA pk! + W- Title Page 7 of 7 Secured Communication Facility License - City of Wylie Fee Tract A-1A - Lavon Lake - Trinity Regional Project DACW63-3-25-0527 Lavon Lake Legend Fee Boundary Roads Licensed Area OTracts Author: A. Pharms Date: 06 May 2015 i US Amy Corps of Engineers has provided these spatial data as a representation of line vahous geographic information w from multiple sources `here data shomd be viewed only as a representation of the provided information and shculd be used for" purpose. No guarantee is made by the U S Army Corps of Engineers regarding the accuracy or �lalannsa of the data or their —tabil ity for a particular use 1 of 1 Exhibit A JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY (ER 405.1-12) INSTRUCTIONS '.. If considered nacessary, use a separate ENG Form and inferior details of buildings, service facilities; inventory of 3143a for each room surveyed. machinery and equipment miscellaneous items and general remarks col othervlse covered in section II of the farm or on 2. Additional shoots may be attached for physical ENG Form 3143a. characiefisltcs of !and and buildings: exterior ADDED INSTRUCTIONS (Overprint: if desired) SECTION I - PROPERTY DATA AND CONDITION AGREEMENT DATE F SURVEY LEASE NO. LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN ACTH, TOTAL LEASED BUILDING AREA (Square feef) DESCRfPTION AND LOCATION OF PROPERTY I JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY I We, the undersigned, jointly made a survey and inspection of the condition of the property I mentioned above. We agree that as of the date of survey, the condition of the property Is as described herein. THE CONDITION OF THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE NO. OF ATTACHMENTS SIDE OF THIS FORM. ROOM CONDITIONS ARE INDICATED ON ATTACHED ENG FORM 3143A. NAME AND SIGNATURE OF F-,, OWNER LC""' F 1 AGEN LESSEE 1 1 ADDRESS _ -> JUN 1960 NAME, TITLE, AND SIGNATURE O7 U.S. GOVERNMENT REPRESENTATIVE Qp ORGANIZATION r (Proponent: CERE-A) 1 of 2 Exhibit B SECTION II -EXTERIOR CONDITION OF THE PROPERTY (Attach sheet for added items.) ROOF, EAVES, DOWNSPOUTS, E—C. WA'�LS WINDOWS AND DOORS (tnc)ude storm windows and doors) FENCING LAWN, SHRUBBERY, TREES AND PEREVNIALS WALKS AND DRIVEWAYS GARAGE AND OUT BUILDINGS ENTRANCES, ELEVATORS AND PATIOS SEWAGE REMARKS ilnc'ude questioned or disputed tems, repairs to be made, etc. Attach sheet, it necessarv.) f (Reverse of ENO FORM 3143) 2 of 2 Exhibit B CERTIFICATE OF AUTHORITY 1, Shoftwit Shrnn (Name), certify that I am the G it.1 �CCre-1 (Title) of City of Wylie, named as the Grantee herein; and that 6rC'0 Pa-�r (signator of outgrant), who signed the foregoing instrument on behalf of the Grantee, was then NAa AQtl- (title of signator of outgrant) of City of Wylie. I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. City of Wylie 21 c{ 2d2511 AL A Date Authorized Representative Title 1 AFF iX';COMPA1SEAL NOTE: Thii �f r certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same person.