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Contract 52843
CITY SECRETARY CONTRACT NO. 5a g y 3 FORTWORTH, G G� CITY OF FORT WORTH COMMUNICATIONS TOWER LICENSE AGREEMENT This COMMUNICATIONS TOWER LICENSE AGREEMENT("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and New Cingular Wireless PCS, LLC, ("Licensee"), a Delaware limited liability company,acting by and through Leigh Ann Dodson,each individually referred to as a"party"and collectively referred to as the"parties." RECITALS The following statements are true and correct and form the basis of this Agreement: A. The City owns a tower facility known as the Barnett Street Tower("Tower") which is located on a parcel of improved land owned in fee simple by the City("Owned Premises") located at 3900 Barnett Street,Fort Worth,Texas;the term Tower shall include communications tower and an elevated storage tank that can be used as a platform for communications equipment. B. The City owns and operates,among other things,certain communications facilities on the Tower. C. Licensee wishes to use a portion of the Owned Premises and space on the Tower as described in this Agreement in order to enable Licensee to erect, operate and maintain certain communications equipment of Licensee, and the City is willing to allow such use on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the benefits, promises and mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by both the City and Licensee,the City and Licensee agree as follows: 1. PREMISES. In accordance with the terms and conditions set forth in this Agreement, the City hereby grants to Licensee the use of the following portions of the Owned Premises: 1.1 Space on the Tower for the specified type and number of Licensee's directional or omni antennae, connecting cables and related appurtenances ("Antennae Facilities") as depicted in Exhibit"A," which is attached hereto and incorporated herein for all purposes;and 1.2 Space on the Owned Premises for Licensee's equipment shelter ("Equipment Shelter"), City of Fort Worth Tower license Agreement AW10 8 Page t oC25 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX power and any necessary utilities, as authorized in writing by the City's IT Solutions Director or designated representative("Director")and as shown and depicted on the Site Plan, Exhibit`B", which is attached hereto and incorporated herein for all purposes. All portions of the Owned Premises that are used by Licensee under this Agreement shall hereinafter be referred to as the"Premises". References in this Agreement to the Owned Premises shall be construed to include the Tower and the Premises. 2. TERM. 2.1. Initial Term Unless terminated earlier as provided in this Agreement,the initial term of this Agreement shall be five (5) years, commencing on the last date executed by both parties("Effective Date") and expiring at 11:59 P.M. on the fifth anniversary of the Effective Date ("Initial Term"). 2.2. Renewal Terms. Unless the City or Licensee exercises a termination right as provided in this Agreement prior to the expiration of the Initial Term,and provided that the City, in its sole discretion, wishes to grant Licensee the right to use the Premises at the time, the City shall give Licensee two (2) consecutive rights of first opportunity to renew this Agreement on terms and conditions and at a License Fee or other compensation prescribed by the City at the time, for two (2) additional consecutive terms of five (5) years each(each a"Renewal Term"). In order to have this priority, Licensee shall provide the City with written notice of its desire to continue to use the Premises not less than ninety(90)days and not more than one hundred twenty(120)days prior to the expiration of the term then in effect. If Licensee fails to renew this Agreement in accordance with these procedures for the first Renewal Term following the Initial Term,or if this Agreement is terminated during the first Renewal Term, Licensee shall simultaneously forfeit its right of opportunity to renew this Agreement for a second Renewal Term. 3. LICENSE FEE. 3.1. License Fee for Premises 3.1.1. Licensee shall pay the City an annual license fee for the first antenna placed and/or installed on the Premises of thirty-three thousand seven hundred sixty-four dollars and forty-three cents ($33,764.43) and three thousand three hundred seventy-six dollars and forty-four cents ($3,376.44) for each subsequent antenna that the City allows Licensee to place or install on the Premises,for a collective annual license fee of seventy thousand nine hundred five dollars and twenty-seven cents ($70,905.27) ("License Fee") for use of the Premises. If this Agreement has an Effective Date after the beginning of the Fiscal Period as defined in Section 3.3, the License Fee shall be prorated through September 30'h of the current year, and such prorated License Fee shall be in the amount of two thousand eight hundred thirteen dollars and seventy-one cents($2,813.71) per month for the first antenna placed and/or installed on the Premises and two hundred eighty-one dollars and thirty-eight cents ($281.38) per month for each subsequent antenna that the City allows Licensee to place or install on the Premises for a collective prorated License Fee of fifty-three thousand one hundred seventy-eight dollars and ninety-five cents($53,178.95). If the License Fee is prorated, Licensee shall begin paying the annual License Fee on October I"following the City of Fort Worth Tower License Agreement Rev. 10/2018 Page 2 of 25 end of the prorated year and shall pay the annual License Fee each subsequent year,subject to an increase in accordance with Section 3.2. If Licensee's Antennae Facilities consist of an array or interconnection of antennae or a panel of antennae, the City shall determine, in the City's sole discretion and judgment, whether such Antenna Facilities consist of one antennae or more than one antennae. The City shall be authorized to invoice Licensee for each Antenna Facility on the Premises.The License Fee shall be prorated in accordance with the number of days remaining until September 30" of the current year. Thereafter, this License Fee shall be adjusted to an annual amount and shall be increased in accordance with Section 3.2. 3.1.2. If anytime during the Initial Term or any Renewal Term,Licensee wishes to attach additional Antennae Facilities to the existing Antennae Facilities on the Premises,the City shall determine, in its sole discretion and judgment, whether such additional Antennae Facilities constitute the placement or installation of an additional antenna or antennas on the Premises. In the event the City determines that the Licensee's request includes additional antennas, and the City approves such request, the City shall be authorized to invoice Licensee for the total number of additional antennas installed on the Premises prorated from the date of installation through September 39' of the year the additional antennae are installed.Licensee shall remit payment to the City for the additional antennas within thirty (30) days of the invoice. Thereafter, Licensee's annual License Fee shall be adjusted to include the cost of the additional antennas and increased in accordance with Section 3.2 of this License Agreement.Licensee shall not have the right to place or install additional facilities, antennas, Antenna Facilities, or equipment on the Premises without the advance written consent of the City. 3.2. Adjustments to License Fee. During the Initial Term and any Renewal Term (unless the City has specified a different License Fee and adjustment schedule for a Renewal Term) the License Fee shall increase on October 1st of each year by three percent(3%)over the previous years License Fee. 3.3. Due Dates. The due dates for payment of License Fees under this Agreement are established in accordance with the City's fiscal year, which begins on October 1st of a given year and ends September 30th of the following year("Fiscal Period"). Therefore,except for the first License Fee payment (which shall be payable upon execution of this Agreement by Licensee), all annual License Fee payments shall be due in full,at the appropriate address for the City set forth in Section 22 of this Agreement,on or before the October 1 st commencement date of a respective forthcoming Fiscal Period, 3.4. Late Fees. If Licensee fails to pay any License Fee by the respective due date,Licensee shall pay the City a late payment fee of ten percent (10%) of the amount of the License Fee outstanding in addition to the License Fee then due. Moreover, any License Fee that Licensee owes the City and that is past due shall bear interest until paid in full at the rate of two percent (2%)per month or the highest rate permitted by applicable law,whichever is less. City of Fort Worth Tower License Agreement Rev. 10/2018 Page 3 of 25 4. USE OF PREMISES Licensor hereby grants Licensee use of the Premises for the sole purposes of installation,operation and maintenance of its Antennae Facilities; for the transmission, reception and operation of a communications system and uses incidental thereto; and for the storage of related equipment. Licensee hereby agrees that its use of the Premises shall not interfere with the use of the Tower,the Owned Premises, related facilities or other equipment of the City or other licensees,tenants and users as such use exists as of the date of execution of this Agreement. Licensee acknowledges that this Agreement does not convey to Licensee or successors in interest any exclusive rights. S. INSTALLATION OF EQUIPMENT.CONSTRUCTION AND IMPROVEMENTS. 5.1. In General. Licensee may not make any modification,renovation or improvement to or engage in any other construction activity (collectively "Improvement") on the Premises or Owned Premises unless the City provides advance written consent to Licensee. In order to obtain such consent, Licensee shall submit a written request to the City, which shall include all plans and estimates for the costs of the proposed Improvement,to the Director.All plants,specifications and required work for the proposed Improvement must conform to and be in accordance with all applicable and then- current federal, state and local laws, ordinances, rules and regulations. If Licensee intends to employ or engage a contractor or other third party to perform any work on the proposed Improvement,Licensee shall supply the City with the name of such party and must obtain the City's advance written approval before it authorizes such party to work on the Premises or Owned Premises. 5.2. Documents. Licensee shall supply the Director with as-built drawings, in electronic form, of the Antennae Facilities and any other improvements within thirty (30) calendar days following their installation on the Premises. These as-built drawings shall show the actual locations of all equipment and improvements. Licensee shall also provide the City with a complete and detailed inventory of all Antennae Facilities,equipment and personal property that it intends to place on the Premises. 5.3. Equipment Upgrade. Licensee may update or replace the Antennae Facilities from time to time with the prior written approval of the City, which approval shall not unreasonably be withheld or delayed, provided that(i)the replacement facilities are not greater in number or materially greater in size than the existing Antennae Facilities;(ii)that the installation of such facilities does not structurally impact the Tower any more than the existing Antennae Facilities; and (iii) that the City has provided advance written consent to any change in the location of such facilities on the Tower. If any update or replacement of the Antennae Facilities results in the placement of an additional antenna or antennas on the Premises,as determined by the City in its sole discretion and judgment and consistent with the City's previous decisions in similar situations (if any), the License Fee shall be increased pursuant to and in accordance with Section 3,1 of this Agreement as of the date City of Fort Worth Tower License Agreement Rev.10/2018 Page 4 of 25 such additional antennas are placed on the Premises. 5.4. Bonds Required of Licensee and Licensee's Contractors. In the event that Licensee or a contractor of Licensee wishes to undertake any Improvement on the Premises, other than the mere installation of equipment that is not built into or in any other manner affixed to or incorporated into the Tower,Licensee and Licensee's contractor, if any,shall obtain payment and performance bonds in accordance with the Texas Government Code, Chapter 2253,as amended,in a form approved in writing and in advance by the City("Bonds"). Licensee's Bonds shall guarantee(i)satisfactory completion of the proposed Improvement;(ii)compliance by Licensee with all requirements, terms and conditions of this Agreement during the Improvement project; and (iii) full payments to all persons, firms, corporations or other entities with whom Licensee has a direct relationship relating to the Improvement project. If Licensee uses a contractor to work on the Improvement, the contractor's Bonds shall guarantee(i)the faithful performance and completion of all work on the Improvement covered by the contract between Licensee and its contractor in accordance with the plans and specifications approved by the City and (ii) full payments for all wages for labor and services and of all bills for materials,supplies and equipment used in the performance of that contract. The contractor's Bonds shall name both the City and Licensee as dual obligees. Licensee's contractor shall execute and deliver its Bonds to Licensee.Licensee shall provide the Director with copies of all Bonds prior to the commencement of work on the proposed Improvement. 6. UTILITIES. Unless otherwise agreed to by the City, Licensee, at Licensee's sole cost and expense, shall separately meter and pay for all utilities used in connection with the Antennae Facilities and Licensee's operations on the Premises. 7. MAINTENANCE AND REPAIRS. 7.1. Painting of Antennae Facilities by Licensee. Licensee,at its sole cost and expense,shall at all times,keep its Antennae Facilities painted as specified in writing by the City. 7.2. Maintenance and Repairs by Licensee. Licensee, at its sole cost and expense, shall maintain, repair and secure its Antennae Facilities,equipment and personal property on or attached to the Premises in a safe condition, in good repair and in a manner suitable to the City and that does not conflict with the use of the Tower by the City or other licensees,users or tenants as such use existed on the date of execution of this Agreement. Licensee shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. City of Fort Worth Tower License Agreement Rev. 10/2018 Page 5 of 25 7.3. Inspection. The City may examine the Antennae Facilities and inspect the Premises for any reason deemed necessary by the City,including,but not limited to,purposes of safety and to ensure that Licensee is in compliance with the conditions and provisions of this Agreement. If Licensee is responsible under this Agreement for any maintenance or repairs,the City shall notify Licensee in writing and Licensee shall undertake such maintenance or repairs at its own cost and expense and in a timely and diligent manner. In an emergency, as determined by the City in its sole discretion, the City may, at its option, perform maintenance or repairs that are Licensee's responsibility in order to avert, mitigate or cure such emergency. In this event, Licensee shall reimburse the City for the reasonable cost of such maintenance or repairs within thirty (30) days of receipt of an invoice from the City that describes the maintenance or repairs the City performed on Licensee's behalf. 7.4. Damnee Caused by Licensee. Licensee, at Licensee's sole cost and expense, shall repair any damage to or replace any damaged portion of the Owned Premises, including the Premises and the Tower, that is caused by Licensee, its officers, agents, employees, contractors, or subcontractors, to the City's reasonable satisfaction as soon as reasonably practicable,provided that Licensee shall commence within ten (10) calendar days following the date of such damage. 7.5 Maintenance by the City. The City agrees at its cost and expense to maintain the Tower in good order and condition and to make all necessary repairs and replacements promptly with first-class materials, in a good and workmanlike manner, and in compliance with all applicable laws, ordinances, rules and regulations. If the City incurs any additional costs associated with its maintenance of the Tower as a result of Licensee's Facilities or operations on the Tower,including,but not limited to,protection of the Facilities during the City's painting of and/or making repairs to the Tower, Licensee shall fully reimburse the City for such costs within thirty (30) calendar days following the receipt of an invoice for such from the City. The City, its officers,agents,servants,employees,contractors andlor subcontractors shall not be liable or in any way responsible for the maintenance of or damage to the Antennae Facilities or for any disruption to Licensee's operations or business, including lost profits, that may occur while the Tower is covered with shrouds for the purpose of painting or other routine maintenance,except if such damage is a result of City's negligence or willful misconduct. 7.6 Temporary Relocation. The City may, in its sole discretion, require Licensee to temporarily relocate its Antenna Facilities from the Tower to a temporary tower provided by Licensee or other location as approved by the City, in the event the City performs maintenance on the Tower that requires(1) repainting of an elevated tower; (2) repairs to address structural or unanticipated changes on the Tower; (3) tower replacement; or (4) emergency repairs. The City shall provide Licensee with at least sixty (60) days' written notice to temporarily relocate its Antenna Facilities, except in the event of an emergency, the City will provide as much notice as is reasonably possible. Licensee shall be responsible for moving its own equipment and Antenna Facilities and paying all relocation fees as City of Fort Worth Tower License Agreement Rev. 10/201 S Page 6 of 25 determined by the City and/or the City's contractor(s). If the Licensee desires to relocate its Antenna Facilities to a different location on the Premises, the City must give its written consent. Temporary relocation under this section shall have no effect on any duties or obligations of the parties under this Agreement except as stated herein in this section. 8. ACCESS TO PREMISES 8.1. By Licensee. Subject to Section 9.2, Licensee shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week; provided, however, that, except in an emergency, Licensee shall provide the City with at least twenty-four(24) hours' written notice of Licensee's desire for access to the Premises. In addition, except in an emergency, Licensee shall obtain the City's advance written consent at least twenty-four (24) hours before Licensee allows on the Premises or other portion of the Owned Premises any third party, including contractors or subcontractors whom Licensee is using or intends to use to install, operate or maintain the Antennae Facilities and Equipment Shelter or to perform any modification, renovation, improvement or construction on the Premises. 8.2 City Escort and Reimbursement of City Expenses. Unless such requirement is waived by the City, Licensee and its contractors and subcontractors shall be accompanied by City personnel designated by the Director at all times that Licensee or a contractor or subcontractor of Licensee is on the Owned Premises or Premises.Failure to abide by this requirement shall constitute a material breach of this Agreement by Licensee. Licensee shall be responsible for reimbursing the City for the time spent by City personnel in accompanying Licensee or a contractor or subcontractor of Licensee at the rate of Seventy Dollars ($70.00)per hour during normal business hours of 8:00 AM and 5:00 PM Monday through Friday, or one hundred five dollars ($105.00) during holidays and weekends or outside normal business hours Monday through Friday. Licensee will pay such reimbursement to the City in full within thirty(30)days following receipt of an invoice for such from the City. 9. INTERFERENCE. 9.1 Interference with the City's Operations Prohibited. Licensee covenants and agrees that its Antennae Facilities and its operations on the Premises shall not damage or interfere in any way with the City's use or operations on the Tower or Owned Premises or the City's Lighting Systems. The City's Lighting Systems include lamps, and/or strobes mounted on the Tower,cabling,and electronic compartments which can be mounted on the Tower or elsewhere.The City's use or operations on the Tower or Owned Premises and the Lighting Systems are collectively referred to herein as "City Operations". Licensee agrees to cease any action on its part which interferes with City Operations as such use existed on the date of execution of this Agreement immediately upon actual notice of such interference. If Licensee interferes with the Lighting System, Licensee shall bear all costs for modifying or upgrading the Lighting System to comply with Federal Communication Commission(FCC) or Federal Aviation Administration (FAA) rules and regulations. In the event of interference, either party may terminate this Agreement following thirty (30) days' written notice to the other party; provided, City of Fort Worth Tower License Agreement Rev, 10/2018 Page 7 of 25 however, that if such interference is material, or in the City's sole and reasonable opinion,poses any threat to the public safety or welfare, or is caused by users of unlicensed frequencies, the City may terminate this Agreement immediately upon provision of written notice to Licensee. The City shall have no obligation to mitigate interference from unlicensed frequency users. The FCC is the ultimate authority on matters of interference.In the event of such termination,the City shall refund to Licensee the Licensee Fee paid on a pro-rated(basis for the remainder of the then current Fiscal Period (the"Refund Amount"). 9.2 Interference with Certain Other Operations Prohibited. Licensee covenants and agrees that its Antennae Facilities and its operations on the Premises shall not damage or interfere in any way with the Tower operations of a licensee,user or other tenant whose communication facilities on the Tower existed prior to the installation of Licensee's Antennae Facilities. If Licensee's operations on the Premises cause such interference, Licensee shall undertake all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable amount of time, not to exceed thirty (30) calendar days, Licensee shall immediately cease any action on its part that interferes with the respective Iicensee,user or tenant's use of the Tower or the Owned Premises. In such an event,the City or Licensee may terminate this Agreement upon thirty (30) calendar days' written notice to the other party. In the event of such termination,the City shall refund to Licensee the Refund Amount_ 9.3. Interference and Engineering Studies. Prior to the approval of the placement of Licensee's Antennae Facilities or any Improvement on the Tower, the City may require(i) an interference study by the City or a third party contractor acceptable to the City in order to determine whether the Antennae Facilities, any Improvement requested by Licensee and/or any of Licensee's, intended operations on the Tower will interfere with any existing communications facilities or City Operations on the Tower and/or (ii) an engineering study by the City or a third party contractor acceptable to the City in order to determine whether the Tower is able to structurally support Licensee's Antennae Facilities and/or Improvements. Licensee shall pay for any interference or engineering study and all associated costs at Licensee's sole cost and expense. If the City or a third party contractor of the City undertakes any interference or engineering study, the City will provide (i) written notice to Licensee of its intent to undertake such study and the estimated cost of such study prior to the performance thereof and (ii) a written copy of such study to Licensee. If a third party contractor of Licensee undertakes any interference or engineering study, Licensee shall require such contractor to provide to the Director a (i) written copy of such study and (ii) after installation of Licensee's Antennae Facilities or any Improvement on the Tower, a written report, signed by the contractor, stating that the contractor has inspected the Antennae Facilities or Improvements and that they comply with all applicable and then- current federal, state and local laws, ordinances, rules and regulations as well as any specific requirements established by the Director as a condition of the City's approval of such installation. In no way shall the performance of any interference or engineering study or the results therefrom in any way affect the application of Sections 10.1 and 10.2. If such studies indicate that interference or structural issues will arise as a result of the installation of Licensee's Antennae Facilities or any Improvement on the Tower, then Licensee shall have the right to terminate this Agreement upon the provision of thirty (30) days' written notice to the City. In the event of such termination,the City shall refund to Licensee City of Fort Worth Tower License Agreement Rev.10/2018 Page 8 of 25 the Refund Amount. 9.4. Interference with Licensee's Operations. The City does not guarantee to Licensee subsequent noninterference with Licensee's operations on the Premises. However, following the Effective Date of this Agreement,for any request the City receives from a third party,other than a governmental unit, office or agency,to use or lease space on the Tower and/or Owned Premises, the City shall submit to Licensee such third party's proposal, complete with all technical specifications reasonably requested in writing by Licensee, for Licensee's review; provided, however, that the City shall not be required to provide Licensee with any specifications or information claimed to be of a proprietary nature by such third party. Licensee shall have ten (10) calendar days following receipt of such third party's proposal to make any reasonable objections thereto. If the City verifies and agrees with Licensee's objections,the City shall require the third party to modify its operations proposal in a manner determined,in the City's reasonable judgment, to reduce the interference adequately with respect to Licensee's operations. Licensee's failure to make any objection within the ten-day time frame provided above shall be deemed as consent by Licensee to the installation of antennae or transmission facilities pursuant to the third party's original proposal. Notwithstanding anything to the contrary in this Agreement, the City may allow,at any time, a governmental unit, office or agency to use or lease space on the Tower for antennae or other communications facilities without regard to potential or actual interference with Licensee's operations on the Premises;provided, however, that if the operations of such governmental unit, office or agency actually and materially interferes with Licensee's operations, Licensee may terminate this Agreement upon thirty(30)calendar days' written notice to the City. In the event of such termination, the City shall refund to Licensee the Refund Amount. 10. RIGHTS AND RESERVATIONS OF THE CITY. 10.1. This Agreement is not a franchise or permit for Licensee to use or cross the public rights- of-way within the City of Fort Worth in the operation of its communications business. Licensee hereby covenants and agrees that it will not use or cross the public rights-of-way in the City of Fort Worth unless it first notifies the City in writing and obtains all licenses, permits or franchises required by the City of all entities wishing to utilize the public rights-of-way in the same manner as Licensee. 10.2. The City may at any time take whatever action it deems necessary, in its reasonable discretion, to repair,maintain, alter or improve the Premises or Owned Premises. The City shall use best efforts to not interfere with the operation of Licensee's Antennae Facilities in connection therewith. However, if the City's action under this Section 10.2 results in interference with the operation of Licensee's Antennae Facilities for thirty(30) continuous days, Licensee shall have the right to terminate this Agreement upon written notice to the City. In the event of such termination, the City shall refund to Licensee the Refund Amount. 10.3. The City reserves the right to lease or allow use of other portions of the Tower or the Owned Premises to third parties. City of Fort Worth Tower Ucense Agreement Rev 10/2018 Page 9 of 25 10.4. The City reserves the right to require Licensee to relocate Antennae Facilities on the Tower to another location on the Tower in the event the City desires to lease or allow use of such space on the Tower to a third party which is a governmental unit, office or agency. In such an event, the City shall require the third party lessee to reimburse Licensee's actual costs of relocation, and Licensee shall complete the relocation of its facilities within thirty (30)calendar days following receipt of written notice from the City. 10.5. During any war or national emergency,the City shall have the right to lease or allow use of any part of the Owned Premises, including the Tower and the Premises, to the United States Government. In this event, any provisions of this instrument which are inconsistent with the provisions of the lease or use agreement with the Government shall be suspended. The City shall not be liable for any loss or damages alleged by Licensee as a result of this action. However, nothing in this Agreement shall prevent Licensee from pursuing any rights it may have for reimbursement from the United States Government. 10.6. Licensee acknowledges that the City is a government entity under the laws of the State of Texas, and thus any information, including this Agreement, maintained by the City is subject to disclosure under the Texas Public Information Act. The City reserves the right to distribute and information deemed public information related to this Agreement pursuant to and in accordance with any applicable laws, rules,regulations or court orders. 11. INSURANCE. Licensee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance,existence or location of the Premises and Licensee's operations thereon: 11.1. Primary Liability Insurance Coverase • Commercial General Liability: $5,000,000 per occurrence, providing blanket contractual liability insurance for all written contracts; products and completed operations; independent contractor's liability; and coverage for property damage from perils of explosion or collapse;provided that such amounts may be satisfied through an umbrella policy; • Environmental Impairment Liability: $1,000,000 per occurrence; • Automobile Liability: $1,000,000 per accident, including, but not limited to, all vehicles, whether owned or hired,in use by Licensee, its employees and agents; • Worker's Compensation/Employer's Liability: Worker's compensation coverage as required by law;and Employer's Liability at$100,000 per accident. City of Fort Worth Tower License Agreement Rev 1012018 Page 10 of 25 11.2. Property Insurance. Prior to the installation of the Antennae Facilities and related equipment and prior to the commencement of any modification,renovation,improvement or new construction,Licensee shall obtain builders all-risk insurance and an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature which are to be used in or incidental to the respective project. Upon completion of the installation of the Antennae Facilities, and any subsequent modification, renovation, improvement or new construction, Licensee shall obtain and maintain fire, extended coverage and vandalism and malicious mischief insurance, all at full replacement cost limits,on the Antennae Facilities and the Premises. 11.3. Insurance Required of Licensee's Contractors. Licensee shall require that all contractors used to perform any of the requirements, obligations, services or other work hereunder provide insurance with coverages and limits that are reasonably satisfactory to the City. Prior to the commencement of work on the Premises by any contractor used by Licensee,Licensee shall deliver to the City a certificate of insurance evidencing the insurance coverage for such contractor. 11.4. General Requirements. 11.4.1. The City, in the City's sole and reasonable discretion,reserves the right to revise insurance coverage requirements and limits at any time.Licensee agrees that within thirty (30) days following receipt of written notice from the City, Licensee will implement all revisions reasonably requested by the City. 11.4.2. Licensee's policy or policies of insurance shall be endorsed to cover all of Licensee's operations on the Owned Premises and to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty(30)days'prior written notice to the City. 11.4.3. Licensee shall maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Licensee shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. In addition, Licensee shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 11.4.4. Deductible or self-insured retention limits on any line of coverage required herein shall not exceed$100,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City in writing. 11.4.5. All insurance policies other than those for worker's compensation shall be written on an occurrence basis and not a claims made basis. 11.4.6. Nothing in this section shall be construed to limit or in any way affect Licensee's operation as an independent contractor as provided in Section 13 or Licensee's liability or obligation to indemnify the City as provided in Section 14. City of Fort Worth Tower License Agreement Rev.10/2018 Page 11 of 25 12. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Licensee shall operate,as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of the City. Licensee shall have the exclusive right to control the details of its operations and activities on the Premises and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, patrons,and licensees.Licensee acknowledges that the doctrine of respondent superior shall not apply as between the City and Licensee, its officers,agents, employees,contractors and subcontractors. Nothing in this Agreement shall be construed as the creation of a partnership or joint enterprise between the City and Licensee. 13. INDEMNIFICATION. LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR ANY HARM OR CLAIM FOR WHICH RECOVERY OF DAMAGES MAY BE SOUGHT,INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH,OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE OF THE OWNED PREMISES UNDER THIS AGREEMENT OR WITH THE USE, MAINTENANCE, OR OCCUPANCY OF THE OWNED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING,BUT NOT LIMITED TO,THE TOWER,EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY, ITS EMPLOYEES,AGENTS,OR CONTRACTORS(OTHER THAN LICENSEE). LICENSEE HEREBY AGREES TO DEFEND, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS OR LAWSUITS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LICENSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,INCLUDING DEATH,TO ANY AND ALL PERSONS,OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE, MAINTENANCE OR OCCUPANCY, OF THE OWNED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING,BUT NOT LIMITED TO,THE TOWER, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY,ITS EMPLOYEES,AGENTS,OR.CONTRACTORS. LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO THE OWNED PREMISES, INCLUDING THE TOWER AND OTHER PORTIONS OF THE PREMISES, WHICH ARISE OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR LICENSEES, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY,ITS EMPLOYEES,AGENTS,OR CONTRACTORS. 14. TERMINATION. In addition to termination rights contained elsewhere in this Agreement,this Agreement may be terminated as follows: City of Fort Worth Tower License Agreement Rev. 10/2018 Page 12 of 25 14.1. By Either Party. The City or Licensee may terminate this Agreement for any reason,to be effective on the September 30th expiration of the Fiscal Period then in effect,by provision to the other party of at least thirty (30)calendardays' advance written notice. 14.2. Failure by Licensee to Pay License Fees or Other Charges. If Licensee fails to pay any License Fees or other charges due under this Agreement, the City shall deliver to Licensee a written invoice and notice to pay the invoice within ten (10) calendar days. If Licensee fails to pay the balance outstanding within such time, the City shall have the right to terminate this Agreement immediately. 14.3. Safety Issues. If the City determines, in its sole and reasonable discretion, that the Tower is structurally unsound or otherwise not structurally suitable for Licensee's operations,taking into account all factors relating to the condition of the Tower, including,but not limited to, age, wear and tear or damage,or if the City determines,in its sole and reasonable discretion,that Licensee's continued use of the Tower constitutes a threat to the public health, safety or welfare, the City may terminate this Agreement immediately upon written notice to Licensee and take any reasonable action, including, but not limited to, removal of the Antennae Facilities. 14.4. Technical Difficulties During Trial Period. The first ninety (90) days following the Effective Date of this Agreement shall constitute a trial period ("Trial Period") during which Licensee may test the Antennae Facilities to ensure that their location on the Towers is suitable for Licensee's business purposes.If Licensee encounters any kind of technical difficulties with its Antennae Facilities during the Trial Period,Licensee may terminate this Agreement at any time during the Trial Period by providing written notice to the City. In the event of such termination,the City shall refund to Licensee the Refund Amount. 145. Rights of the City Upon Termination or Expiration of Agreement. Upon termination or expiration of this Agreement,all rights,powers and privileges granted to Licensee hereunder shall cease. However, Licensee shall remain liable to the City for all arrearages of License Fees and other charges payable hereunder and for any obligations that arose prior to the effective date of termination or expiration but that Licensee did not complete or perform. In addition, Licensee agrees that it will return the Premises in the same condition as existed at the time this Agreement was entered into and all appurtenances and improvements thereon in good order and repair, subject to ordinary wear and tear. Licensee, at its sole cost and expense,shall remove from the Premises all Antennae Facilities,equipment and personal property placed on the Premises by Licensee pursuant to this Agreement and shall restore the affected area of the Premises to the City's reasonable satisfaction within thirty (30)calendar days following the effective date of termination or expiration,except as may otherwise be required or allowed by this Agreement. After such time, the City shall have the right to dispose of the Antennae Facilities in any commercially reasonable manner which it deems fit.Licensee agrees that it will assert no claim City of Fort Wroth Tower License Agreement Rev. 1012018 Page 13 of 25 of any kind against the City, its agents, servants, employees or representatives which may stern from the City's lawful termination of this Agreement or, in accordance with its terms, any act incident to the City's assertion of its rights under this Agreement. 15. CONDEMNATION. In the event that the Tower is taken by eminent domain, this Agreement shall terminate as of the date title vests in the condemning authority. In the event that any other portion of the Premises is taken by eminent domain, either party may terminate this Agreement as of the date title vests in the condemning authority by giving the other party thirty (30)days'prior written notice. If the Tower or any other portion of the Premises is taken by eminent domain, the City shall receive the full amount of any reward paid for the taking and the full amount of all damages, whether awarded as compensation for diminution in value of Licensee's interest in the Premises or to the fee of the Premises. Licensee shall not be entitled to any portion of such reward or damages and hereby waives any claim to any portion of such reward or damages. 16. ASSIGNMENT. Licensee may assign this Agreement to any person or entity controlling, controlled by or under common control with Licensee or to any person or entity that, after first receiving the necessary FCC licenses, acquires Licensee's radio communications business or assets, provided that (i) Licensee gives the City written notice of such an assignment and (ii) the assignee enters into a written agreement with the City, signed by both the assignee and the City, in which the assignee; covenants and agrees to comply with all provisions and conditions of this Agreement and to be bound Bully by this Agreement the same as if it had originally executed this Agreement. Otherwise, Licensee may not assign,transfer, sell, lease or otherwise convey all or any portion of its rights and obligations under this Agreement unless (i) the City provides advance written consent and (ii) the assignee or transferee enters into a written agreement with the City, signed by both the assignee or-transferee and the City, in which the assignee or transferee covenants and agrees to comply with all provisions and conditions of this Agreement and to be bound fully by this Agreement the same as if it had originally executed this Agreement. Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer its interest in this Agreement with the prior written consent of the City, whose consent shall not be unreasonably withheld, to any financing entity, or agent on behalf of any financing entity to whom Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds,debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 17. LIENS BY LICENSEE. Licensee acknowledges that it has no authority to engage in any act or to make any contract which may create or be the foundation for any lien upon the property or interest in the property of the City. If any such purported lien is created or filed, Licensee, at its soli, cost and expense,shall liquidate and discharge the same within thirty(30)days of such creation or filing.Licensee's failure to discharge any such purported lien shall constitute a breach of this Agreement and the City may terminate this Agreement immediately. However, Licensee's financial obligation to the City to liquidate and discharge such lien shall continue in effect following termination of this Agreement and until such a time as the lien is discharged. City of Fort Worth Tower license Agreement Rev 10/2018 Page 14 of 25 18. TAXES AND ASSESSMENTS. Licensee agrees to pay any and all federal,state or local taxes or assessments which may lawfully be levied against Licensee,including, but not limited to, those assessed due to (i) Licensee's occupancy of the Premises; (ii) Licensee's use of the Premises; or (iii) any improvements or property placed on the Premises by Licensee. 19. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS. Licensee agrees to comply with all federal, state and local laws, and all ordinances, rules and regulations of the City with respect to the use of the Premises and the operation of the Antennae Facilities. If the City notifies Licensee of any violation of such laws,ordinances, rules or regulations, Licensee shall immediately desist from and correct the violation. Licensee covenants and agrees that it shall not engage in any unlawful use of the Premises. Licensee further agrees that it shall not knowingly permit its officers, agents, and employees to engage in any unlawful use of the Premises. Knowingly unlawful use of the Premises by Licensee shall constitute a breach of this Agreement and grounds for immediate termination by the City. 20. NON-DISCRIMINATION COVENANT. Licensee, for itself, its personal representatives,successors in interest and assigns, as part of the consideration herein, agrees as a covenant running with the land that no person shall be excluded from participation in or denied the benefits of Licensee's use of the Premises on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Licensee further agrees for itself, its personal representatives,successors in interest and assigns that no person shall be excluded from the provision of any services on or in the construction of any improvements or alterations to the Premises on grounds of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. If any claim arises from an alleged violation of this non-discrimination covenant by Licensee, its personal representatives,successors in interest or assigns,Licensee agrees to indemnify the City and hold the City harmless. 21. LICENSES AND PERMITS. Licensee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for the installation or operation of its Antennae Facilities, Equipment Shelter, power, any necessary utilities and other business concerns on the Premises. Subject to the City's reasonable attorney and administrative fees, the City shall cooperate reasonably with Licensee in Licensee's efforts to obtain any federal, state or local licenses and permits required or substantially required by Licensee's use of the Premises. 22. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives,(ii)delivered by facsimile with electronic confirmation of the transmission,provided a copy of same is also sent by United States Mail or (iii) received by the other party by United States Mail, registered,return receipt requested,addressed as follows: City of Fort Worth Tower License Agreement Rev. 1012018 Page l5 of 25 To the CITY: To LICENSEE: City of Fort Worth New Cingular Wireless PCS,LLC Attn: Susan Alanis Attn: Network Real Estate Administration, Re: Cell site #DXL00018, Cell site name Fort Worth,Fixed Asset#10077956 200 Texas Street 1025 Lenox Park Blvd. NE 3rd floor Fort Worth,TX 76102 Atlanta,Georgia. 30319 With a copy to: With a copy to: City Attorney and Property Management AT&T Legal Dept, at the same address Attn: Network Operations, Site#DXL00018, FA code 10077956 208 S.Akard Street Dallas,Texas. 75202-4206 23. ACCEPTANCE OF PREMISES. Licensee acknowledges that it has inspected the Premises and Owned Premises and is fully advised of its own rights without reliance upon any representation made by the City concerning the condition of the Premises or Owned Premises. Licensee hereby accepts the Premises in the condition existing as of the Effective Date of this Agreement. 24. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 25. NO WAIVER. The failure of the City or Licensee to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Licensee's right to insist upon appropriate performance or to assert any:such right on any future occasion. 26. RIGHT TO AUDIT. Licensee agrees that the City shall, during and until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Licensee involving transactions relating to this Agreement in order to determine compliance at no additional cost to the City. Licensee agrees that the City shall have access during normal working hours to all necessary Licensee facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Licensee not less than ten(10)days' written notice of any intended audits. 27. GOVERNING LAW AND VENUE. City of Fort Worth Tower License Agreement Rev 1012018 Page 16 of 25 This Agreement shall be construed in accordance with the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement or by Licensee's operations on the Premises or Owned Premises, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 28. ATTORNEYS'FEES. In the event of a default under any provision of this Agreement, and either party should retain attorneys or incur other expenses for the collection of License Fees or other charges, or the enforcement of performance or observance of any covenant, obligation or agreement, the parties agree that the reasonable expenses so incurred shall be paid to the prevailing party by the other party, except each party shall pay its own attorney's fees except in the event of litigation,attorney's fees shall be paid to the extent awarded by a court of competent jurisdiction. 29. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 30. FORCE MAJEURE. The City and Licensee shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control,including,but not limited to,compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars,riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 31. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 32. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 33. AMENDMENTS. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, and duly executed by an authorized representative of each party. 34. ENTIRETY OF AGREEMENT. City of Fort Worth Tower License Agreement Rev. 10/2018 Page 17 of 25 This Agreement,including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Licensee, their assigns and successors in interest,as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 35. SIGNATURE AUTHORITY. The person signing this Agreement, and any amendment hereto, hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 36. COUNTERPARTS. This Agreement may be executed in in one or more counterparts and each counterpart shall,for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same. An executed Agreement,modification,amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. IN ITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this day of �'e20 . CITY OF FORT WORTH: NEW CINGULAR WIRELESS PCS,LLC, a Delaware limited liability company: By: By: , 111�Ntliti CuiWV Name: Leigh Alrt Dodson 4 , Assistant City Manager Title: _ f er,, t� 62 r CONTRACT COMPLIANCE MANAGER: IJ�X �Je� k QpS By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. City of Fort Worth Tower License Agreement 2018 Page I8 of 25 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX By. Name: L tiN t M-rz• rJ Title: 5 R. I T M 4 R ATTEST- ATTEST: ATTEST: ei ary J. K r �� ame�`Leigh d�� Dodson City Secreta y i'Title: Area Mal1'ager RE&C NTX Network Ops APPROVED AS TO FORM AND LEGALITY: .B.Strong Assistant City ttorney Form 1295: 01' (M Contract Authorization: M&C: �_k,;k--7 Date Approved: M'k I �h H6IVS-. a©Iq -5a593a City of Fort Worth Tower License Agreement Rev.10n-018 Page 14 of 25 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,A notary public in and for the State of Texas, on this day personally appeared W01 F1ttia 1>ackWn known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that the same was the act of R(eA Ma.vt ,r and that he/she executed the same as the act of for the purposes and consideration therein expressed and in the capacity therein stat . GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS—LQ day of 20j-i-. KATHLEEN MEZA Notary Public, State of Notary Public,State of Texas '';�oFs�,,, `�^ Comm Expires 02-21.2022 ,,,, O Notary ID 1297Z0890 KNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 20 Notary Public, State of Texas City of Fort Worth Tower License Agreement Rev. 10/2018 Page 20 of 25 EXHIBIT A LICENSEE: AT&T Mobility TOWER: Barnett Street TOWER LOCATION:3900 BARNETT STREET,FORT WORTH,TX.76103 ANTENNAE FACILITIES SPECIFICATIONS Type Antenna Antenna TMAs Fiber surge Fiber sure RRUS/RRH Manufacturer Commscope Commscope Ericsson Raycap Raycap Ericsson Model# )AHH-65C-R3B SBNHH-1D65B KRY11275.1 DC6.48-60-18-8F DC6-484i0-18-8C RRUS-II Dimensions HxWxD 72"x 13.8"x8.2" 72.9"x 11.9"x7.1" 18.2"x20.1"x6.4" 23.5"x9.7" 31 A"x 10.24" 19.7"x 16.9"x7.2" cylinder cylinder weight(lbs.) 63.3 lb 40 6 lb 15A 20 lb 26.2 lb 50.7 lb Location antenna mount antenna mount Antenna pipe antenna mount antenna mount Antenna pipe mounts mounts RAO Center AGL 77' 77' 77' 77' 77' 77' Antenna I ie Height 80' 80.4' Antenna Base Height 74' 73.7' Mount Type Site Pro 1 Site Pro 1 VFA12- w/brackets Site Pro I VFA12- Site Pro I VFA12- BSAMNT-SBS-2- VFA I 2-HD sect HD sect frame HD sect frame HD sect frame 2 bracket frame Quantity 6 6 12 2 1 3 AzimathsMir.Of 8.128,248 8. 128.248 8,128,248 8. 128,248 8.128,248 8.128.248 Radiation Quent.Per 2/1/2 2/2/2 4/4/4 111/0 0/0/1 I11/1 AzimuthtSector TX/RX Frequency MHz MHz MHz MHz MHz MHz Units TX Frequency 734-746/211& 734 746/2110 734,746/2110- 734146/2110- 734-746/2110- 734-746/2110- 2155/2350- 2155/2350- 2155/2350- 2155/2350- 2155/2350- 2155/2350- 23601869- 23601869- 2360/869- 2360/869- 23601869- 2360/869- 89411930- 894/1930- 894/1930- 894/1930- 894/1930- 894/1930- 1990/788 1990n88-798n98- 1990n88-798n98. 1990n8B-799M8- 1990n88-798n98- 1990R88-798/798- 798n98-799 799 799 799 799 799 RX Frequency 704-716/1710- 704-716/1710- 704-71611710- 704.716/1710- 704-71611710- 704.716/1710- 1755/2305 1755/2305- 175512305- 1755/2305- 1755/2305- 1755/2305- 2315/824 2315/824- 2315/824. 23151824- 2315/824- 2315/824- 849/1850- 849/1850- 849/1850- 84911850- 849/1850- 849/1850- 1910V758- 1910/758-768n68- 19101758-768n68- 1910n58-768n68- 1910l758-768n68- 1910f758-768n68- 7691768-769 769 769 769 769 769 Using Unlicensed NO NO NO NO NO NO Frequencies? Antenna Gain 18.5 dBi 18.3 dBi Total#of Lines 12 2 1 6 Line Quant.Per 4/4/4 2/0/0 1/010 V2/2 Azimuth/Sector Line Type coax Fiber line Ret control cable DC power Line Diameter Size 7/8" 318" 3/8" 7/8" Line Configuration Wave guide Wave guide ladder Wave guide ladder Wave guide ladder ladder City of Fort Worth Tower license Agreement Rev.I(V2018 Page 21 of 25 ANTENNAE FACILITIES SPECIFICATIONS PAGE TWO Type RRUS/RRH RRUS/RRH WCS FILTER Manufacturer Ericsson Ericsson COMMSCOPE Model# RRUS-32 RRUS-4478 WCS-IMFW-AMT Dimensions HxWxD 27.2"x 12.1"x7" 16.5"x 13.5"x7.7" 11.2"X 10.6"X6.9" Weight(Ibs.) 24 lb 59.96 lb 29.5 lb Location Antenna pipe Antenna pipe Antenna pipe mounts mounts mount RAD Center AGL 77' 77' 77' Antenna Tin Height Antenna Base Height Mount Type BSAMNT-SBS- BSAMNT-SBS-2- w/brackets 2-2 bracke 2 bracke _Quantity 9 6 1 Azimuths/Dir.Of 8,128.248 8,128.248 8 Radiation Quant.Per 3/38 202 1/0/0 AzimutWSector TX/RX Frequency MHz MHz Units TX Frequency 734-74612110- 734-746/2110- 734-746/2110- 2155/2350- 2155/2350- 2155/2350- 2360/869- 2360869- 2360/869- 894/1930- 894/1930- 894/1930- 1990/788- 1990R88-798n98- 1990n88-798r198- 798/798-799 799 799 RX Frequency 704-716/1710- 704-716/1710- 704-716/1710- 1755/2305- 1755/2305- 1755/2305- 2315/824- 2315/824- 2315/824- 849/1850- 849/1850- 849/1850- l910n58- 1910n58-768n68- 1910/758-768n68- 768/768-769 769 769 Using Unlicensed NO NO NO Frequencies? Antenna Gain Total#of Lines Line Quant.Per Azimuth/Sector Line Type Line Diameter Size Line Configuration City of Fort Worth Tower License Agreement Rev 10/2018 Page 22 of 25 EXHIBIT B SITE PLAN otart�wt um t _t_ Ptors a stet Daman Is f�f s _"me City of Fort Worth Tower License Agreement Rev.10/2018 Page 23 of 25 �{ACr,O t167mf04M7cma NOW,AIM RI EM m rto+ri+,u.o ecao.rw�.o 71I711 er wrortoatm,aez oa "lac to om a ear aaR amw a`m-00e40e AID I001 A,D mom amol RdM-,No qxx 0 oast sc 4"PWS mom$ amen-ouFati to qPM 0,o mom tt®i ANHO M an i0 Fvm vu 1 ' —00"W OD7�0 89mW 9 No AaA1 r dl M ON t!1-lTf IOft amm r ppq MWO am 49DW —h ms Wm ra�I oora�c n r �I t , r tma A soups a AOl Omqa�x"i pZ Maer ll1 ri OaeOY mllOtet AIt716 IOaAmi r 4 r, ►av caav A cul[}i0�v f44' 1� 06Ua mNf3 raq i City of Fort Worth Tower License Agreement Rev. 10Cl018 Page 24 of 25 i� ic..o nofr.o..eo.M wwr rww.rw ertt.ao,rv„oao.erwof/.waeerIN Mot 00 cam an memo KWO KAOMLEaea�ecTMa. oaoM43es o,o mtxc 10 v _�•�� W MgOM6 atal sP1N-ms P roe I7 f A O 64 UMMM Rb OOSM W# w M K lui roue esf ` (0►0 1!/RIM L7fa b FU N o f f me 101Xt age - 'l-d 0 mcmi c9-q"&4$4C f-� TO__W{XL{0_jii-0 ,�,r� � 10f1K IAII{7i Mt U1►-.O't IDeO+IeOwtt�los�7 Fi 0-� 06"M BM-090 M oa a;s PP sam M/ri A H Mf�NoSM4hfq,/� City of Fort Worth Tower License Agreement Rev 102018 Page 25 of 25 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F0 " REFERENCE **M&C 19- 04NEW CINGULAR WIRELESS DATE: 9/10/2019 NO.: 0127 LOG NAME: COMMUNICATIONS TOWER LICENSE AGREEMENT CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Communications Tower License Agreement with New Cingular Wireless PCS, LLC, for the Lease of Space on the City's Barnett Street Radio Tower(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Communications Tower License Agreement with New Cingular Wireless PCS, LLC, for the lease of space on the City's Barnett Street Radio Tower. DISCUSSION: The City of Fort Worth (City) owns radio towers throughout the City as part of the infrastructure supporting its public safety radio communications systems. Although priority is given to City systems, space on the towers is sometimes available for lease to other public and private entities. Revenues generated by these leases are used to help offset operational costs of the radio communications systems New Cingular Wireless PCS, LLC, (AT&T) desires to maintain space on this tower for its commercial cellular services. The proposed agreement offers an initial term of five years with two renewal terms of five years each. Annual revenue for the first year will be $70,905.27 with a three percent fee increase each subsequent year. Inclusion of the AT&T hardware on this tower has no impact on City services FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation the Information Technology Solutions Department and the Financial Management Services Department have the responsibility for the collection and deposit of funds due to the City under this Agreement. Revenue from this agreement is estimated at$70,905.27 for the first year with a three percent fee increase each subsequent year. TO Fund Department Account Project Program I Activity Budget I Reference# I Amount ID ID j Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Kevin Gunn (2015) Originating Department Head: Roger Wright(2230) Additional Information Contact: Roger Wright(2230) http://apps.cfwnet.org/council_packet/mc review.asp?ID=27275&councildate=9/10/2019 9/18/2019 M&C Review Page 2 of 2 ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=27275&r,ouncildate=9/10/2019 9/18/2019