Resolution 2018-35RESOLUTION NO 2018-35(M
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE
TOWER SITE LEASE AGREEMENT WITH T-MOBILE WEST
LLC
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS
SECTION I The City Manager of the City of WYLIE Texas is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE Texas a Tower Site Lease
Agreement with T-Mobile West LLC
SECTION 2 This Resolution shall take effect immediately upon its passage
IRESOLVED THIS THE 9' day of October 2018
7
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ATTEST TO
1W6AW JW&L
STEPIIANIE STORM, City Secretary
Resolution No 2018 35(R)
Tower Site lease agreement with T Mobile
I
ERIr- HOGUEJ Vyor
T Mobile Site No DAO 1660A
TOWER SITE LEASE AGREEMENT
THIS TOWER SITE LEASE AGREEMENT ("Lease") is entered into this
day of _, 2018 ("Execution Date') between the City of Wylie, Texas, a home -
rule municipality ("Landlord'), and T-Mobile West LLC, a Delaware limited liability
company ("Tenant') The Landlord and Tenant are at times individually and collectively
referred to herein as 'EArA' or' Parties"
1 Premises (a) Subject to the following terms and conditions, Landlord leases to
Tenant a portion of the real property ( Property') described in Exhihit "A". attached
hereto and incorporated herein for all purposes Tenant's use of the Property shall be
limited to that portion of the Property, together with temporary easements for access and
utilities, described and depicted in the site plan, attached hereto as Exhibit "B" and
incorporated herein for all purposes (collectively, "Premises ')
(b) The Premises, Decker Court Elevated Tank is located at 26 Decker Court,
Wylie Texas 75098, also known as Lot 4, Block A, in the final plat of Steel Industrial Park
Addition William Sachse Survey, AbstractNo 835 City of Wylie, Collin County, Texas
2 Term The initial term ("Initial Term") of this Lease shall be five (5) years,
commencing on the day Tenant notifies Landlord of Tenant's receipt of all applicable
Government Approvals as defined below in Paragraph 3 ("Commencement Date") and
terminating at Midnight on the last day of the sixtieth (60th) full month following the
Commencement Date Tenant shall have the option to renew the Lease for one additional
five (5) year term ("Extension Termi(s)") upon the same terms and conditions hereof
Tenant must notify Landlord in writing of Tenant's intent to renew the Lease at least ninety
(90) days prior to the expiration of the Initial Term Tenant may request additional
extension terms and Landlord will place Tenant's request to renew the Lease on the next
available City Council agenda for consideration and possible action Notwithstanding
anything to the contrary Landlord shall have the right after the Initial Term to terminate
this Lease upon thirty days notice if Landlord receives an order from the FCC or other
agency that the Tenant s Equipment or its presence pose a health or safety danger and
Tenant failed to correct such failure
3 Permitted Use (a) The Premises may be used by Tenant only for permitted uses,
which are (i) the transmission and reception of communications signals (it) the
construction, alteration, maintenance repair replacement and relocation of related
facilities, antennas and equipment as defined in Paragraph 8 below, and (in) activities
related to any of the foregoing
(b) Tenant shall obtain (prior to or no later than one hundred eighty (180) days
following the Commencement Date) at Tenant's expense, all licenses and permits or
authorizations required for Tenant s use of the Premises from all applicable government
and/or regulatory entities ("Governmental Approvals") If for any reason, Tenant does
not receive the Governmental Approvals described herein, this Lease shall terminate
immediately with no further notice and/or action of Landlord Tenant shall only be able to
use the Premises in a manner consistent with the Governmental Approvals
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4 Rent (a) On the Commencement Date and on each anniversary of the
Commencement Date until the expiration of this Lease, Tenant shall pay Landlord the sum
of Twenty Five Thousand and No/100 Dollars ($25,000 00) per year for the
Communication Facilities ("Rent") at Landlord's address specified in Paragraph 14 below
The amount of the Rent shall automatically increase by three percent (3%) annually for
each year of the Initial Term and each Extension Term
(b) If this Lease is terminated at a time other than on the day before the anniversary
of the Commencement Date Rent shall be prorated as of the date of termination for any
reason other than a default by Tenant
(c) The Rent identified above is based upon the Communications Facilities
identified in and allowed by this Lease In the event Lessee requests additional
Communications Facilities, and in its sole discretion Landlord approves the request the
Rent shall be modified to reflect the additional Communications Facilities
5 Holdover Rent If Tenant shall remain in possession of the Premises at the
expiration of this Lease or any Renewal without a written agreement, such tenancy shall
be deemed a month -to month tenancy under the same terms and conditions of this Lease,
except as to Rent which shall increase by one hundred fifty percent (150%) over the most
recent Term s monthly Rent
6 Extended Term Rent Intentionally deleted
7 Radio Frequency Interference ("R.Fl") (a) Tenant shall not use the Premises
in any way that cause RFI with the use of the Property by Landlord, or existing tenants or
licensees of Landlord with rights to the Property prior in time to Tenant's, including but
not limited to the Landlord's Dispatch Center (subject to Tenant's rights under this Lease,
including non-RFI) In the event the Tenant's equipment causes RFI, and after Landlord
has notified Tenant of such RFI, the Tenant will take all steps necessary to correct and
eliminate the RFI within forty eight (48) hours To the extent Tenant is unable to cure the
RFI within this timeftame, Tenant shall power down the equipment causing the RFI except
for intermittent testing until such time as the RFI is remedied, provided, however, such
intermittent testing may not unreasonably cause RFI with Landlord's or existing tenant's
or licensees of Landlord with rights to the Property prior in time to Tenant's use of the
Property If Tenant is unable to completely cure the RFI within thirty (30) days of receiving
notice from the Landlord as set forth above, Tenant shall remove the equipment which
caused the RFI, or at its option terminate this Lease
(b) In the event that Landlord's or any other tenant's (identified tinder a lease
established afterthe date ofthis Lease) equipment causes RFI, and afterTenant has notified
Landlord of such RFI, Landlord or any other existing tenant (as previously identified) will
take all steps necessary to correct and eliminate the RFI within forty-eight (48) hours To
the extent Landlord or Landlord's other existing tenant is unable to cure the RFI within this
timeframe, Landlord or any other tenant shall power down the equipment causing the RFI
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except for intermittent testing until such time as the RFI is remedied, provided, however,
such intermittent testing may not unreasonably interfere with Tenant's use of the Property
If Landlord, or any other existing tenant described above, is unable to cure the RFI within
thirty (30) days of receiving notice from the Tenant as set forth above, Landlord, or the
subject Tenant, will remove the equipment which caused the RFI, or at Landlord's option,
terminate this Lease
(c) The Parties acknowledge that there will not be an adequate remedy at law for
non-compliance with the provisions of this Paragraph 7 and therefore, either Party shall
have the right to specifically enforce the provisions of this Paragraph in a court of
competentjurisdiction Landlord makes no warranty or representation express or implied,
that the airspace used by Tenant will be free of electronic or other RFI
8 Improvements Utilities Access (a) Tenant shall have the right, at its expense
to erect and maintain on the Premises the Following improvements persona[ property and
facilities as shown on Exhihit "C" (collectively "Communication Facilities ) Prior to
installation construction and/or erection of the Communication Facilities, Tenant must
submit for Landlord's approval the following information (i) document(s) showing the
location of all such improvements including the Communication Facilities (11) the
construction plans and specifications for the Communication Facilities to Landlord for
Landlord s approval, which approval shall not be unreasonably withheld or delayed, and
(in) a written report prepared by a licensed professional engineer in the state of Texas
memorializing the engineers conclusion, based on his or her structural engineering
assessment, that the Premises can support the load of the Communications Facilities In
connection with Tenant's submittal, Tenant and Landlord will conduct a pre -construction
meeting to coordinate the installation, erection and construction activities and schedules
with regard to the Communication Facilities With the prior written consent of Landlord
Tenant shall have the right to replace or upgrade the Communication Facilities at any time
during the term of this Lease provided that no additional antennas, radios cable runs,
brackets, or ground space is required Tenant shall cause all construction to occur lien -free
and in compliance with all applicable laws and ordinances The Communication Facilities
shall remain the exclusive property of Tenant Tenant shall have the right to remove the
Communication Facilities upon the termination of this Lease, provided Tenant returns the
Premises to Landlord in the same condition as of the date of this Lease, reasonable wear
and tear excepted
(b) Tenant may not add any additional equipment beyond that identified in the
Communication Facility without the prior written consent of the Landlord
(c) Tenant shall at Tenant's expense, keep and maintain the Premises and all
buildings and improvements now or hereafter located thereon in good condition and repair
during the term of this Lease Upon termination of this Lease the Premises shall be
returned to Landlord in the same condition as of the date of this Lease reasonable wear
and tear excepted
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(d) Tenant shall pay any utility charges due to Tenant's use Tenant shall not use
utilities installed by or for Landlord Tenant shall have the right to install utilities, at
Tenant's expense, and to improve the present utilities on the Premises (including, but not
limited to the installation of emergency power generators), provided, however, that any
such utility installation or improvement must be approved, in writing, by Landlord prior to
Tenant commencing any such installation or improvement Upon termination of this Lease,
Tenant shall, at Tenant s expense, remove all utilities installed exclusively for Tenant's
use
(e) As partial consideration for rent paid under this Lease, Landlord hereby grants
Tenant a temporary easement ("Easement") for ingress, egress and access (including
access as described in Paragraph I above) to the Premises, subject to the limitations set
forth in this Lease Upon notice, Landlord shall have the right to relocate the Easement to
Tenant Any Easement provided hereunder shall terminate immediately upon the
termination of this Lease Tenant, its authorized personnel and Landlord shall be entitled
to twenty-four (24) hour, seven (7) days per week access to the Premises provided that
except for bona fide emergencies, Tenant gives at least twenty-four (24) hour's prior notice
to Landlord and complies with Paragraph 8W In the event Tenant needs access to the
Premises to address a bona fide emergency, Tenant shall contact Landlord's dispatch line
immediately after Tenant determines that access to the Premises is necessary Forpurposes
hereof authorized personnel shall mean only authorized employees, engineers
technicians, or properly authorized contractors of Tenant or persons under their direct
supervision All access to the Premises by Tenant shall be subject in each instance to the
reasonable security requirements and reasonable rules and regulations from time to time in
effect at the Property, of which Landlord shall inform Tenant in advance and in writing
(0 The Landlord reserves the right, at any time, to perform any type of maintenance
and/or repair on the Property, provided however, except in emergency situations if any
maintenance and/or repair work will substantially affect Tenant s permitted uses of the
Premises, Landlord will use its best efforts to provide Tenant with at least sixty (60) days
prior written notice of the intended repair and/or maintenance work along with a schedule
showing dates and duration of such repair and/or maintenance work Landlord shall also
provide Tenant with the opportunity, at Tenant's cost and expense, to temporarily relocate
and continue to operate its antennas, or otherwise to secure the antennas or the
Communication Facilities generally to protect them from damage Tenant shall be
permitted to install temporary facilities necessary to keep its Communication Facilities
operational subject to Landlord's prior written consent, which consent shall not be
unreasonably withheld Further, any maintenance will be conducted by Landlord as
diligently and expeditiously as possible If any temporary facilities are installed as a result
of this Paragraph, Tenant shall remove said temporary facilities immediately upon
Landlord's completion of any maintenance and/or repair work
(g) The presence of Landlord's personnel shall be required each time the Tenant
requires access to the Premises Tenant is responsible for contacting Landlord in
accordance with Paragraph 8(e) and shall reimburse Landlord at a rate of One Hundred and
No/100 Dollars per hour ($100 00/hour) per required personnel of Landlord Thisratewill
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include one-half (V2) hour call -out time for Landlord's personnel to arrive at the Premises
plus time on site plus one-half (Y2) hour return time from the Premises for Landlord's
personnel's return to normal duty area This rate shall increase by three percent (3%)
annually for each year of the Initial Term and each Extension Term
9 Termination If either Party breaches a provision of this Lease, the non -
breaching Party shall give the other Party written notice of the breach If the breaching
Party has not cured the breach within thirty (30) days of such notice ("Cure Period"),
except as otherwise provided herein, this Lease may be terminated by non -breaching Party,
without any penalty or further liability of the non -breaching Party, as follows
a
Failing to pay Rent when due
b
Failing to pay taxes, assessments, insurance payments or other charges
required to be paid by Tenant by this Lease
c
Failing to use, maintain and operate the Premises as this Lease requires
d
Assigning or subletting the Premises without the prior written consent of
Landlord except as permitted by Paragraph 17 herein
e
Committing waste on the Premises
f
Maintaining, committing or permitting the maintenance or commission of a
nuisance on the Premises
g
Denying Landlord access to the Premises
It
Using the Premises for any unlawful purpose, whether the purpose is in
addition to or in lieu of, the uses specifically permitted by this Lease
i
Failure to comply with the terms and conditions of this Lease within the
Cure Period
j
At the time the Property transfers to a condemning authority, pursuant to a
taking of all or a portion of the Property sufficient in Tenant's determination
to render the Premises unsuitable for Tenant's use Landlord and Tenant
shall each be entitled to pursue their own separate awards with respect to
such taking
k
If the Tenant elects to terminate for any other reason than provided in this
subparagraph, Tenant agrees to pay a fee equal to the balance of the Rent
due under Lease forthe remainder of the Term year as defined by this Lease
10 Effect of Termination No termination of this Lease shall relieve either Party
from paying any sum or sums then due and payable under this Lease, or from any claims
for damages accruing under this Lease No termination will prevent either Party from
enforcing payment of the sum or sums or claims for damages by any remedy provided by
law The rights and remedies under this Lease are cumulative and non exclusive, and the
Parties may pursue any of those rights and remedies or any other remedies provided by
Texaslaw
11 Waiver No waiver by either Party of a breach of any provision of this Lease
may be deemed or alleged to be a continuing waiver or a waiver of any other breach,
whether the same or of any other covenant condition or restriction of this Lease
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12 Insurance The Parties hereby waive any and all rights of action for negligence
against the other which may hereafter arise on account of damage to the Premises or to the
Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts
such insurance is now or hereafter carried by the Parties, or either of them Tenant agrees
that at its own cost and expense, it will maintain (a) commercial general liability and
property liability insurance with liability limits of not less than $1000,000 for injury to or
death of one or more persons in any one occurrence and $2,000,000 for damage or
destruction to property in any one occurrence or $2 000 000 combined single coverage for
bodily injury and property damage, (b) comprehensive automobile liability insurance of
not less than $1,000,000 combined single coverage for bodily injury and property damage,
and (c) worker's compensation coverage at limits mandated by the laws of the State of
Texas Tenant will list Landlord as an additional insured on the commercial general
liability and automobile polices and all insurance shall be carried with insurance companies
authorized to transact business in Texas Tenant shall provide Landlord with a certificate
of insurance and applicable endorsements indicating such coverage prior to beginning any
activities under this Lease The certificate shall include assurance that Landlord shall be
notified in writing by the insurance company or agent of any cancellation not less than
thirty (30) days prior to the effective date of such cancellation All insurance shall provide
for a waiver of subrogation against Landlord for injuries, including death, property damage
or any other loss to the extent the same is covered by the proceeds of insurance All
insurance shall be with companies with a'Best s Insurance Rating of "A-" or better
13 Hold Harmless/Release (A) TENANT SHALL RELEASE� DEFEND,
INDEMNIFY AND HOLD HARMLESS LANDLORD AND ITS CITY COUNCIL
MEMBERS9 OFFICERS9 AGENTS, REPRESENTATIVES AND EMPLOYEES FROM
AND AGAINST ALL DAMAGES� INJURIES (INCLUDING DEATH), CLAIMS,
PROPERTY DAMAGES (INCLUDING LOSS OF USE)q LOSSES9 DEMANDS� SUITS,
JUDGMENTS AND COSTS9 INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT9 GROSSLY
NEGLIGENT9 AND/OR INTENTIONAL ACT AND/OR OMISSION OF TENANT, ITS
OFFICERS, AGENTS, REPRESENTATIVES9 EMPLOYEES9 SUBCONTRACTORS9
LICENSEES� INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM TENANT
IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS LEASE
AND/OR ARISING OUT OF THE CONDUCT OR MANAGEMENT OF TENANT'S
BUSINESS ON THE PREMISES OR FROM ITS USE OF THE PREMISES PURSUANT
TO THIS LEASE, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE
OR STRICT LIABILITY OF THE LANDLORD (HEREINAFTER9 "CLAIMS'9)
TENANT IS EXPRESSLY REQUIRED TO DEFEND LANDLORD AGAINST ALL SUCH
CLAIMS
I
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(B) LANDLORD SHALL HAVE THE RIGHT TO APPROVE COUNSEL
SELECTED By TENANT BUT SUCH APPROVAL MAY NOT BE UNREASONABLY
WITHHELD LANDLORD RESERVES THE RIGHT TO PROVIDE A PORTION OR
ALL OF ITS OWN DEFENSE AT ITS COST9 HOWEVER9 LANDLORD IS UNDER NO
OBLIGATION TO DO so ANY SUCH ACTION By LANDLORD IS NOT TO BE
CONSTRUED AS A WAIVER OF TENANT9S OBLIGATION TO DEFEND LANDLORD
OR AS A WAIVER OF TENANT'S OBLIGATION TO INDEMNIFY LANDLORD
PURSUANT TO THIS LEASE
(C) TENANT HEREBY FURTHER RELEASES9 WAIVES9 DISCHARGES,
HOLDS HARMLESS, INDEMNIFIES AND AGREES NOT TO SUE LANDLORD9 ITS
CITY COUNCIL MEMBERS5 OFFICERS, AGENTS9 EMPLOYEES9 AND
REPRESENTATIVES (HEREINAFTER, IIRELEASEES�')q FOR ANY AND ALL
RIGHTS AND CLAIMS ARISING FROM ANY AND ALL DAMAGES WHICH MAY BE
SUSTAINED By TENANT, THE COMMUNICATION FACILITIES AND RELATED
EQUIPMENT, IN CONNECTION WITH THE USES DESCRIBED HEREIN AND/OR
THE PERFORMANCE OF THIS LEASE THE RELEASE AND WAIVER SHALL BE
BINDING ON TENANT, ITS OFFICERS, AGENTS9 DIRECTORS AND ASSIGNS
(D) THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS
LEASE 14 Notices All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if personally delivered or mailed, certified
mail, return receipt requested, or sent by overnight carrier to the following
If to Landlord, to City of Wylie
Attn City Manager
300 Country Club Drive, Bldg 100
Wylie, Texas 75098
With copy to Abernathy, Roeder Boyd & Hullett P C
1700 Redbud Blvd, Suite 300
McKinney, Texas 75069
If to Tenant, to T-Mobile USA Inc
Attri Property Management/DA01660A
12920 SE 38' Street
Bellevue WA 98006
15 Title and Authority Landlord covenants and warrants to Tenant that Landlord
has full right, power and authority to execute this Lease, it has good and unencumbered
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title to the Premises free and clear of any liens or mortgages, except those disclosed to
Tenant I
16 Environmental Laws (a) Landlord will be responsible for all obligations of
compliance with any and all environmental and industrial hygiene laws, including any
regulations, guidelines, standards, or policies of any governmental authorities regulating
or imposing standards of liability or standards of conduct with regard to any environmental
or industrial hygiene conditions or concerns as may now or at any time hereafter be in
effect, that are or were in any way related to activity now conducted in, on, or in any way
related to the Property, unless such conditions or concerns are caused by the activities of
the Tenant
(b) TENANT SHALL HOLD LANDLORD HARMLESS AND INDEMNIFY THE
LANDLORD, IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN PARAGRAPH 13,
FROM AND ASSUME ALL DUTIES, RESPONSIBILITY AND LIABILITY AT TENANT'S SOLE
COST AND EXPENSE, FOR ALL DUTIES, RESPONSIBILITIES, AND LIABILITY (FOR PAYMENT
OF PENALTIES, SANCTIONS, FORFEITURES, LOSSES, COSTS, OR DAMAGES) AND FOR
RESPONDING TO ANY ACTION, NOTICE, CLAIM, ORDER, SUMMONS, CITATION, DIRECTIVE,
LITIGATION, INVESTIGATION OR PROCEEDING, INCLUDING WITHOUT LIMITATION ANY
CLAIMS IN STRICT LIABILITY, WHICH IS IN ANY WAY RELATED TO A)TENANT'S FAILURE
TO COMPLY WITH ANY ENVIRONMENTAL OR INDUSTRIAL HYGIENE LAW, INCLUDING
WITHOUT LIMITATION ANY REGULATIONS, GUIDELINES, STANDARDS, OR POLICIES OF
ANY GOVERNMENTAL AUTHORITIES REGULATING OR IMPOSING STANDARDS OF
LIABILITY OR STANDARDS OF CONDUCT WITH REGARD TO ANY ENVIRONMENTAL OR
INDUSTRIAL HYGIENE CONCERNS OR CONDITIONS AS MAY NOW OR AT ANY TIME
HEREAFTER BE IN EFFECT, UNLESS SUCH COMPLIANCE RESULTS FROM CONDITIONS
CAUSED BY THE LANDLORD OR THIRD PARTIES THAT TENANT IS NOT RESPONSIBLE FOR,
AND B) ANY ENVIRONMENTAL OR INDUSTRIAL HYGIENE CONDITIONS ARISING OUT OF
OR IN ANY WAY RELATED TO THE CONDITION OF THE PROPERTY OR ACTIVITIES
CONDUCTED THEREON, IF CAUSED BY OR EXACERBATED By TENANT
THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS LEASE
17 Assignment and Subleasing (a) Tenant may assign or sublease this Lease in
whole or in part, without Landlord's consent, to the Tenant's principal, affiliates,
subsidiaries, subsidiaries of its principal or to any entity that acquires all or substantially
all of the Tenant'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 Tenant may not otherwise assign or sublease this Lease without
the prior written approval of Landlord which approval shall not be unreasonably withheld
(b) Additionally Tenant may, with the prior written consent of Landlord mortgage
or grant a security interest in this Lease and the Communication Facilities
18 Successors and Assigns This Lease shall be binding upon and inure to the
benefit of the Parties hereto and their respective officers, directors, partners, employees,
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representatives, agents, vendors, grantees, and/or trustees, heirs, executors, administrators,
I legal representatives, successors and assigns, as authorized herein
19 Miscellaneous (a) This Lease constitutes the entire agreement anc
understanding of the Parties, and supersedes all offers, negotiations and other agreements
There are no representations or understandings of any kind that are not set forth herein
Any amendments to this Lease must be in writing and executed by both Parties
(b) If either Party is represented by a real estate broker in this transaction, that Party
shall be fully responsible for any fee due such broker and shall hold the other Party
harmless from any claims for commission by such broker
(c) This Lease shall be construed in accordance with the laws of the State of Texas
Exclusive venue shall be in Collin County Texas
(d) This Lease may be executed in duplicate originals A facsimile signature will
also be deemed to constitute an original if properly executed
(e) Notwithstanding anything herein to the contrary, neither Landlord nor Tenant
shall be liable for the failure to perform its respective duties under this Lease if such failure
is caused by a catastrophe, riot, war, governmental order or regulation, fire, accident, act
of God, or other similar or different contingency beyond the reasonable control of Landlord
or Tenant
1 (0 The Parties agree that Landlord has not waived its sovereign immunity by
entering into and performing its obligations under this Lease
(g) Tenant will maintain its equipment in compliance with FCC guidelines
Landlord agrees to, if required by the FCC, allow the Tenant to post warning signs as
required by law and in accordance with the City of Wylie Ordinance No 2014-44, as it
exists or may be amended, for the purpose of complying with FCC guidelines
(h) All warranties representations and covenants made by Tenant in this Lease or
in any certificate or other instrument delivered by Tenant to Landlord under this Lease
shall be considered to have been relied upon by Landlord and will survive the satisfaction
of any fees under this Lease, regardless of any investigation made by Landlord or on
Landlord's behalf
(i) This Lease is executed by the Parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is forever confessed
0) The individuals executing this Lease on behalf of the respective Parties below
represent to each other and to others that all appropriate and necessary action has been
taken to authorize the individual who is executing this Lease to do so for and on behalf of
the Party for which his or her signature appears that there are no other parties or entities
required to execute this Lease in order for the same to be an authorized and binding
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agreement on the Party for whom the individual is signing this Lease and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization
is valid and effective on the date hereof
(k) In case one or more of the provisions contained in this Lease shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity
illegality or unenforecability shall not affect any other provision thereof, and this Lease
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein
(1) Each signatory represents this Lease has been read by the Party for which this
Lease is executed and that such Party has had an opportunity to confer with its counsel
(in) Nothing in this Lease shall be construed to create any right in any third party
not a signatory to this Lease, and the Parties do not intend to create any third party
beneficiaries by entering into this Lease
(n) The Parties agree that the Indemnity provisions set forth in Paragraphs 13 and
16 herein are conspicuous, and the Parties have read and understood the same
(o) All construction described herein shall be subject to and in compliance with
all ordinances of Landlord, whether now or existing, hereafter amended or in the future
arising Evidence of any bonds required by Section 212 073 of the Texas Local
Government Code, or other applicable law shall be provided by Owner to City
(p) In any legal proceeding brought to enforce the terms of this Lease, the prevailing
Party may recover its reasonable and necessary attorneys fees from the non -prevailing
Party as permitted by Section 271 153 of the Texas Local Government Code as it exists or
may be amended
(q) This Lease shall be deemed drafted equally by all parties hereto The language
of all parts of this Lease shall be construed as a whole according to its fair meaning and
any presumption or principle that the language herein is to be construed against any party
shall not apply Headings in this Lease are for the convenience of the Parties and are not
intended to be used in construing this document
IN WITNESS VMEREOF, said Parties have caused this Lease to be duly
executed as of the Execution Date
LANDLORD
CITY OF WYLIE, TEXAS
a Texas municipal corporation
By
Mindy Manson, City Manager
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Date
TENANT
T-Mobile West LLC
a Delaware Limited Liability Company
By _
Name, Title
Date
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EXHIBIT "A "
Description and Depiction of Property
[1 pages attached]
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SITE LEASE AGREEMENT Page 15 of 41
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EXHIBIT "C"
Depiction/Description of
Communication Facilities
[24 pages attached]
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