HomeMy WebLinkAboutContract 26364 CITY SECRETARY /
CONTRACT NO.
Site: DA54XC316A Site I.D. Rolling Hills Tower MTA: Dallas
ENTRY AND TESTING AGREEMENT
TH1 AGREEMENT("Agreement")is made and entered into as of the 3tf- day of
2000,by and between City of Fort Worth("Owner")and Sprint Spectrum L.P.
("Sprint Spectrum"), concerning the following described property owned by Owner("Property"): 2500
SE Loop 820,Fort Worth,Texas.
A. Sprint Spectrum has an interest in[leasing/purchasing] the Property for use as a tower or
antenna site for the receipt and transmission of wireless communications signals;and
B. In order for Sprint Spectrum to determine the viability and feasibility of the Property as a
tower or antenna site, it is necessary for employees,agents or independent contractors of Sprint Spectrum to
enter upon and inspect the Property and/or temporarily locate communications equipment on the Property to
conduct short term radio propagation tests, and to make application with local,state and federal
governmental entities for approval of the Property as a tower or antenna site; and
C. Owner and Sprint Spectrum desire to provide for the entry upon, inspection and/or testing
activities,and applications concerning the Property pursuant to the terms contained in this Agreement.
NOW,THEREFORE, in consideration of the mutual promises, covenants, undertakings,and
other consideration set forth in this Agreement,Owner and Sprint Spectrum agree as follows:
1. Consent. Owner consents and agrees that Sprint Spectrum, its employees,agents and
independent contractors("Authorized Parties")may enter upon the Property to conduct and perform some
or all of the following activities("Permitted Activities"): surveys,geotechnical soil borings and analyses,
phase I environmental audits,boundary surveys,radio propagation studies,and such other tests and
inspections of the Property which Sprint Spectrum may deem necessary or advisable. Sprint Spectrum
agrees to be responsible for any and all costs related to the Permitted Activities, including installation on
and operation and removal of equipment on the Property.
2. Filings. Owner consents and agrees that the Authorized Parties may make and file
applications on Owner's behalf to such local,state and federal governmental entities whose approval Sprint
Spectrum may consider necessary or advisable to have the Property approved as a tower or antenna site,
including,but not limited to,governmental approvals for zoning variances,rezoning applications,building
permits and wetland permits. Owner hereby agrees that an executed copy of this Agreement is as effective
as the original.However, if requested by the Authorized Parties,Owner agrees to execute such other and
further documents as may be required by the governmental entity in question to evidence Owner's consent
to the action which is proposed to be taken.
3. Access. Owner agrees that the Authorized Parties may enter upon the Property to
perform the Permitted Activities upon execution of this Agreement and may have access to the Property for
up to 120 days.
4. Removal of Property. Sprint Spectrum agrees that it will,upon the conclusion of the
term of this Agreement,remove any equipment installed on the Property as a part of the Permitted
Activities,repair any damage to the Property that might have been caused in connection with any of the
Permitted Activities,and will return the Property to the condition it was in before Sprint Spectrum's entry
onto the Property. In the event any equipment installed on the Property by Sprint Spectrum is not timely
removed,Owner will have the right to remove such equipment and Sprint Spectrum agrees to be responsible
for the reasonable costs of such removal.
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5. Indemnity. Sprint Spectrum agrees to indemnify, save harmless,and defend Owner,its
directors,officers,employees, and property management agent, if any, from and against any and all claims,
actions,damages, liability and expense in connection with personal injury and/or damage to property arising
from or out of any occurrence in, upon or at the Property caused by the act or omission of the Authorized
Parties in conducting the Permitted Activities. Any defense conducted by Sprint Spectrum of any such
claims,actions,damages, liability and expense will be conducted by attorneys chosen by Sprint Spectrum,
and Sprint Spectrum will be liable for the payment of any and all court costs,expenses of litigation,
reasonable attorneys' fees and any judgment that may be entered therein.
6. Insurance. At Owner's request, Sprint Spectrum agrees to provide a certificate of
insurance evidencing Sprint Spectrum's insurance coverage.
7. Governing Law. The parties agree that the interpretation and construction of this
Agreement shall be governed by the laws of the state of Texas,without regard to such state's conflict of
laws provisions.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
year first above written.
SPRINT SPECTRUM L.P. OWNER:
By: By: a 1,Z- C. MM
Name: F Name: (Z • Q(ns co-e,Ii
Title: - --,/,� F,L Title: �1s_SiS{e v�{ Ci+V Wlavt�zr
Date: ZCz-z5:--�� f Date: i 1 — (Q — 'D O
ATTESTED BY
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Contract Authorization
Date
Version 1.0
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11/30/95