HomeMy WebLinkAboutContract 39918cmr SECRETARY No.��q19
LICENSE AGREEMENT FOR SANDY LANE PARK
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS
THIS LICENSE AGREEMENT ("Agreement") is entered into as of the � da of
y
20LD, (the "Effective Date") by and between CITY OF FORT WORTH, a
home rule municipal corporation of the State of Texas (the "City"), and T-Mobile West
Corporation, a Delaware corporation (the "Company"). The City and the Company are referred
to hereinafter each individually as a "Party" and collectively as the "Parties" to this Agreement.
RECITALS
WHEREAS, the Company has requested to use certain portions of the surface and
subsurface of Sandy Lane Park, 2001 Sandy Lane, Fort Worth, Texas 76112, to construct,
maintain, and operate a telecommunication tower and support facilities; and
WHEREAS, on September 30, 2008, the Fort Worth City Council approved M&C L-
14650, which authorized entering into a license agreement with the Company for use of a portion
of surface and subsurface of Sandy Lane Park for the installation of a stealth communications
tower and support facilities; and
WHEREAS, on December 15, 2009, the Fort Worth City Council approved M&C L-
14904, which modified the previous authority with respect to term and payment.
NOW THEREFORE, the City and the Company do hereby agree to the following terms
and conditions as set forth in the Agreement.
AGREEMENT:
I. PURPOSE This Agreement is solely for the purpose of permitting the Company to
installI maintain, and operate a cellular telecommunications tower and related support
facilities consisting of the following components only: a steel monopole and cellular.
antennas standing no more than a combined total of 100 feet tall when measured from
the ground; a 16400t by 20400t fenced enclosure; transmission and utility wires,
cables, conduits, pipes, equipment, fences and related improvements. These items are
referred to collectively as the "Company Facilities" and are detailed in Exhibit B,
which is attached hereto and incorporated herein for all purposes as though it were set
forth at length.
He LICENSED PREMISES Subject to the terms and conditions of this Agreement and
the CityCharter and ordinances for and in consideration of the monetary To'
D' payments tor''
WC)RTH, TX
LICENSE AGREEMENT FOR SANDY LANE PARK 0
be made hereunder and the other covenants and promises expressed herein, the City
does hereby agree to license to the Company use of the following five tracts of land
(collectively the "Licensed Premises") located in Sandy Lane Park, 2001 Sandy Lane,
Fort Worth, Texas 76112:
Tract One —Telecommunication Tower Area
EEINC a 0,007 ears (320,00 sqtract and being all that certain
let, tract or parcel of land situated in the David Hitson Survey,
Abstract No. 665, in the City of Fort Worth, Tarrant County, Texas,
and being part of a called 26.5 acre tract described in a deed from
Susan Sutton McKee, Ind. Executrix of the Est. of Frank McKee,
deceased, et al to City of Fart Worth as recorded in Volume 4374,
Page 729, Deed Records of Tarrant County, Texas, and being more
particularly described as follows.
COMMENCING prcarn a �c�int on the east line of Sandy Lane, at the
northw«est corner of said 26,5 acre tract, from which paint a 1 /2
inch iron rod (capped) found at the northwest corner of Lot 10,
Block 1, Fair Meadows Addition according to the plot thereof recorded
in Volume 388-46, Page: 944, bears N 89'13*39" E a distance of
1O.00 fleet and N 00*2 ' 9" E a distance of 300.59 feet, for a
reference,
THENCE S 00`28°39" �° calang the east line of said Sandy Lane and
the wrest line o6 sold 26.5 acre tract a distance of 223.45 feet and
S 89'31'21 a' E across said 26.5 acre tract a distance of 618.45 feet
to a 1,/2 inch iron rod set at the POINT OF BEGINNING of sold lease
area;
THENCE N 8J'40'S6" E acrcass staid 26.5 acre tract a distance of
16.0t} feet to U 1 f2 hash iron rod set, for a corner;
'HENCE S 09`19'Cl4" E axseross said 26,5 acre tract a distance caf
20.00 feet tc a 1 /2 inch iron red set, far a canner;
l'HENCE S 80440156" across said 26.5 acre tract a distance of
1 £i3O€� feet to a 1 i2 inch iron rod set, for a earner;
THENCE N 09` 19'Oq-" W gcrass said 26.5 acre 'tract a distance of
20.ti0 -feet tc� the )-'GIiT CF �EGIN�JING and coratalning Q.007 acres
(320.00 sq ft) of land, also beincx known as 2001 Sandy Lane, Fort
tto rZ Texas 76112,
LICENSE AGREEMENT FOR SANDY LANE PARK 2 of 29
Tract Two — Utility Line Corridor
SEIIG gall that certain lot, trcaet �>r parcel of Iand situated in the
David Hitson Survey; abstract No. 665, in the City of Fort Worth,
Tarrant County, Texas, and being part of a called 26.5 acre tract
described in a deed from Swan Sutton McKee, Ind. Executrix of the
Est. of Frank McBee, deceased, et al to City of Fort Worth as
recorded in Volume 4374, Page 729, Deed records of Tarrant County,
Texas, and being a 5 feet in width utility easement, the centerline of
said easement being more particularly described as follows:
COMMENCING from a paint on the east line of Sandy Lane, at tl-�e
northwest corner of said 26.5 acre tract, from which point a 112
inch iron rod (capped) found at the northwest corner of Lot 10,
13lock 1, Fair Meadows addition according to the plat thereof recorded
in Volume 388-46, Page 944, bears N 89'1373 " E a distance of
10.00 feet and N 00'281,39" E a distance of 300.59 feet, for a
reference;
THENCE N 9° 13"39" E along the north line of >aid 26.5 cadre tract
and the south line of said Lot 10 a distance of 469.19 feet and S
00`46121" E across said 26.5 acre tract a distance of 2,53 Beet to
the POINT OF BEGINNING of sold easement;
THENCE S 32'S4` 14" E across said 26.b acre tract a dlst+�nce of
2/6.27 feet to the POINT OF TERMINATION of the centerline of said b
feet in width utility easement.
Tract Three —Coaxial Cable Corridor
Prior to construction, Parties shall execute a written addendum to this Agreement
establishing the legal boundaries of this tract.
LICENSE AGREEMENT FOR SANDY LANE PARK _ 3 of 29
Tract Four — Access Route
i3Elh1G all that certain lot, tract or parcel of land sltuated In the
David Hitson Survey, Abstract No. 665, in the City of Fort Worth,
Tarrant County, Texas, and being park of a called 26.5 acre tract
described in a deed from Susan Sutton McKee, Ind. Executrix of the
Est. of Frank McKee, deceased, et al to City of Fart north cis
recorded in Volume 4374, Page 729, (deed Records of Tarrant County,
Texas, and being a 15 feet in width access easement, the centerline
of said easement being more particularly described as follows:
COMMEIeICII�iG trorr� a point on the east line of Sandy Lane, at the
northwest corner of said 26.5 acre tract, from which paint a 1 /2
inch iron rod (capped) found at the northwest corner of Lot 10,
Block 1, Fair Meadows addition according to the plat thereof recorded
in Volume 388-46, Page 944, bears N 89'13'39" E a distance of
10.00 feet and hi 00'28'39" E a distance of 300.59 feet, for a
reference;
THENCE S C10`28'39" 4'J along the east line of sari Sandy Lane sand
the west line of said 26.5 acre tract a distance of 637,94 feet to
the POINT CAE BEGINNING of said easement,
THENCE ( 89`21 k27" E across said 2.5 acre tract a distance of
45.75 feet to a point at the beginning of a curve to the left, for a
corner;
THEI�ICE across said 26.5 acre tract and along said curve having a
radius of 91.12 fuck, can arc length of 43.61 feet, being subtended by
a chord of N 75"41'25'* E a distance 43.20 feet to a paint at the
beginning of a curve to the right, for a corner;
THENCE across said 26.5 acre tract and along said curve having a
radius eaf 887.8?_ feet, an arc length of 188.7f1 feet, being subtended
by a chord of N 61'36'31" E a distance 188.35 fleet to a point at
the beginning of a curve to the left, for a corner;
THENCE across said 26.5 acre tract and along said carve having a
radius of 432..08 feet, an arc length oa 67,85 feet, being subtended
by a chard of N 56'58'08„ E a distance 67.78 feet to a point, for a
e orner,
THENCE 149`58'28" E across said 26.5 acre tract a distance of
408.96 feet tc� the F'OII�T OF TE�MINATIOI� of the centerline of scald 15
feet in width access easement.
Tract Five —Temporary Staging Area
Prior to commencement of construction, City and Company shall execute a
written addendum to this Agreement designating that portion of Sandy Lane Park
that is to be used as the Temporary Staging Area (see Paragraph III below).
LICENSE AGREEMENT POR SANDY LANE PARK � of 29
The location and boundaries of all Tracts are illustrated in Exhibit A, which is attached
hereto and incorporated herein for all purposes as though it were set forth at length.
Company agrees that it shall not use any structures belonging to the City that may be
located in Sandy Lane Park or on the Licensed Premises without the express prior
written permission of the City.
Company Facilities
All Company Facilities, with the exception of utility lines and coaxial or other
communication cable or wiring, shall be confined to Tract One of the Licensed
Premises. Tract Two of the Licensed Premises shall be used solely for electrical and
other utility lines required by the telecommunications tower. Tract Three of the
Licensed Premises shall be used solely for coaxial cable or similar communication
cable or wiring as approved in advance, in writing by the City.
Installation, maintenance, and operation of all Company Facilities must comply with
alI terms and conditions of this Agreement as well as any applicable statute, ordinance,
or regulation of federal, state, or local government.
Access Route
To allow reasonable pedestrian and vehicular access to and from Tract One and the
Company Facilities, the City licenses to the Company a non exclusive right of access
across Sandy Lane Park using Tract Four and depicted as an access route on Exhibit
"A." Company shall not drive on the City's driveways, roads, or parking lots located
in Sandy Lane Park except along Tract Four or such other route as the City may
designate for access.
Company's use of Tract Four shall be subject to and shall not materially affect the
City's or other person's use of Tract Four or Sandy Lane Park. Company shall comply
with all of its obligations and responsibilities under this Agreement in using Tract Four
and Sandy Lane Park
Company shall have 24-hours-a-day, 7-days-a-week access to the Licensed Premises at
all times during the Term of this Agreement at no additional charge to Company.
Temporary StawyinLy Area
For a period of one hundred and sixty (160) days commencing with the Effective Date
(the "Initial Construction Period"), the City licenses to the Company on a non-
exclusive basis access to and use of that portion of Sandy Lane Park designated in
written addendum to this Agreement as Tract Five for use as a temporary storage and
LICENSE AGRfiEMENT FOR SANDY LANE PARK 5 of 29
construction staging area for activities directly related to the Initial Construction of the
Company Facilities.
In accessing and using the Temporary Staging Area, Company shall comply with all of
its obligations and responsibilities under this Agreement.
Company's rights in the Staging Area hereunder shall be strictly limited and shall fully
and absolutely terminate and be of no further force and effect at the conclusion of the
Initial Construction Period. After the Initial Construction Period has ended, all rights
of the Company in and to the Temporary Staging Area shall, automatically and without
the need for any further documentation, fully and unconditionally terminate,
whereupon the Company shall have no right of entry or use of the Temporary Staging
Area whatsoever.
IV. PROHIBITION AGAINST SUBLICENSE OR CO -LOCATION Company
SHALL NOT sell, sublease, sublicense, or otherwise allow use of the Company
Facilities by any other company or entity, without express written consent and
approval from City. In addition, Company SHALL NOT sell, sublease, sublicense, or
allow the co -location of facilities of Affiliates or other companies within the Licensed
Premises or on the Company Facilities without express written consent and approval
from City. If City's consent is required, City shall have up to ninety (90) days to
review and either approve or reject any request for consent to sell, sublease, sublicense
or otherwise allow use of the Company Facilities. Company shall retain all rights to
the rental income from any Co -Locator for use of space on the monopole. No co -
location of facilities shall be approved unless a Co -Locator enters into a separate
agreement with the City. City shall retain all rights to the income from any separate
license agreement between the City and Co -Locator.
V. USE NOT EXCLUSIVE This Agreement and all rights granted to Company herein
are strictly non-exclusive. The City reserves the right to enter into and grant other and
future licenses, leases, and other authorizations for use of Sandy Lane Park and the
Licensed Premises to other persons and entities as the City deems appropriate in
accordance with applicable laws provided, however, that in granting subsequent
authorization for use, the City will not allow a use that will unreasonably interfere with
the Company's use of the Licensed Premises as provided herein. This Agreement does
not establish any priority for the use of Sandy Lane Park or the Licensed Premises by
the Company or by any present or future licensees or other permit holders. In the
event of any dispute as to the priority of use of Sandy Lane Park or the Licensed
Premises, the first priority shall be to the public generally, the second priority to the
City in the performance of its various functions, and thereafter, as between licensees
and other permit holders, as determined by the City in the exercise of its powers,
including the police power and other powers reserved to and conferred on it by the
State of Texas.
LICENSE AGREEMENT FOR SANDY LANE PARK 6 of 29
VI. ACCEPTANCE OF LICENSED PREMISES The Company takes all portions of
the Licensed Premises and all appurtenances in "AS IS" condition without any express
or implied warranty on the part of the City, except as otherwise provided in this
Agreement. The Company accepts the Licensed Premises in their present condition,
finds them suitable for the purposes intended, and further acknowledges that it is
thoroughly familiar with such condition by reason of a personal inspection and does
not rely on any representations by the City as to the condition of the Licensed Premises
or their suitability for the purposes intended. The Company accepts the Licensed
Premises subject to any and all previously recorded easements that may have been
granted on, along, over, under, or across said property, and releases the City from any
and all damages, claims for damages, loss, or liabilities that may be caused to invitees,
licensees, or trespassers by reason of the exercise of such rights or privileges granted in
said easements. The Company's taking possession of the Licensed Premises shall be
conclusive evidence (a) that the Licensed Premises are suitable for the purposes and
uses for which same are leased; and (b) that the Company waives any and all defects in
and to the Licensed Premises and all the appurtenances thereto. The City shall not be
liable to the Company, its agents, employees, contractors, subcontractors,
invitees, licensees, or guests for any damage to any person or property due to the
acts or omissions on the Licensed Premises of the Company, its agents, employees,
contractors, or subcontractors, unless such damage is caused by the gross
negligence or willful misconduct of City or its agents, employees, separate
contractors or subcontractors.
VII. TERM The initial term of this Agreement shall commence on the Effective date and
run through 12:01AM on the 5th anniversary of the Effective Date ("Initial Term").
The First Renewal Term shall run from the 5th anniversary of the Effective Date
through 12:01AM on the loth anniversary of the Effective Date (the "First Renewal
Term"). The Second Renewal Term shall run from the loth anniversary of the
Effective Date through 12:01AM of the 15th anniversary of the Effective Date (the
"Second Renewal Term"). The Third Renewal Term shall run from the 15th
anniversary of the Effective Date through 12:01AM of the 20th anniversary of the
Effective Date (the "Third Renewal Term"). The Primary, First Renewal, Second
Renewal, and Third Renewal Terms are each referred to individually as a "Term" and
together collectively as the "Terms."
All Terms of this Agreement shall be subject to earlier termination in accordance with
Paragraph XXX. It is expressly understood and agreed that all rights granted to
Company under this Agreement are irrevocable until this Agreement expires or sooner
terminates as provided herein.
Renewal of the Agreement at the end of the Initial Term, First Renewal Term, and
Second Renewal Term shall occur automatically UNLESS the Agreement has been
previously terminated in accordance with Paragraph XXX OR either Party has
provided written notice of its intent not to renew at least ninety (90) days prior to the
expiration of the then -current term.
LICENSE AGREEMENT FOR SANDY LANE PARK 7 of 29
VIII. MONETARY CONSIDERATION
One -Time Fee The Company shall, within 30 days of the Effective Date of this
Agreement, pay to the City Fifteen Thousand Dollars ($15,000.00) to defray City
expenses related to this Agreement. This fee shall be in addition to all other fees
specified in the Agreement. Company acknowledges that this fee shall be due and
payable regardless of whether Company Facilities are ultimately constructed.
License Fee for Inal Term On or before the Effective Date, Company shall pay the
City the sum of Seventy Five Thousand ($75,000.00) as compensation for its use of the
Licensed Premises during the Initial Term of this Agreement. If the Company is
unable to obtain all governmental approvals necessary for the Initial Construction of
the Company Facilities on the Licensed Premises, the Company shall have the right to
terminate this Agreement prior to the commencement of Initial Construction. In the
event Company terminates under these circumstances, City shall refund the License
Fee for the Initial Term pro -rated to reflect the number of days remaining in the Initial
Term following the effective date of termination.
License Fee for First Renewal Term If this Agreement is renewed for a First
Renewal Term, Company shall, at least thirty days prior to the expiration of the Initial
Term, pay the City the sum of Ninety Thousand Dollars ($90,000.00) as compensation
for its use of the Licensed Premises during the First Renewal Term of this Agreement.
License Fee for Second Renewal Term If this Agreement is renewed for a Second
Renewal Term, Company shall, at least thirty days prior to the expiration of the First
Renewal Term, pay the City the sum of One Hundred and Eight Thousand Dollars
($108,000,00) as compensation for its use of the Licensed Premises during the Second
Renewal Term of this Agreement.
License Fee for Third Renewal Term If this Agreement is renewed for a Third
Renewal Term, Company shall, at least thirty days prior to the expiration of the Second
Renewal Term, pay the City the sum of One Hundred Thirty Thousand Dollars
($130,000.00) as compensation for its use of the Licensed Premises during the Third
Renewal Term of this Agreement.
IX. ADDITIONAL CONSIDERATION In addition to any fees owed, the Company
shall, at its sole cost and expense, install a light fixture on the Company Facilities to
replace the one being removed to allow installation of the monopole (the "Lighting
Equipment"). Prior to installation of the Lighting Equipment, the Company shall
provide a photometrics plan to the City demonstrating that the Lighting Equipment, as
installed, will provide appropriate foot candles to the athletic surface. From and after
the date construction of such Lighting Equipment is completed, including installation
of a separate utility meter for City's utility usage for the Lighting Equipment, City
shall own and be solely responsible for the operation, maintenance, repair and utilities
consumed by the Lighting Equipment. The monopole, excluding the Lighting
LICENSE AGREEMENT FOR SANDY LANE PARK 8 of 29
Equipment, shall remain Company's personal property during the Term of this
Agreement. Notwithstanding anything in this Agreement to the contrary, any and all
changes to the hard connection between the Lighting Equipment and the monopole
shall be conducted by Company, including but not limited to relocation and removal of
the Lighting Equipment from the monopole; all cost of any such change shall be borne
by the Party requesting or requiring such change.
X. INITIAL CONSTRUCTION, MATERIAL ALTERATION, AND
RECONSTRUCTION
Initial Construction For purposes of this Agreement, Initial Construction shall
consist of all excavation, assembly, installation, construction, and similar activities
related to the original placement of the Company Facilities on and under the Licensed
Premises.
Material Alteration For purposes of this Agreement, Material Alteration shall
include (i) any alteration requiring excavation of soil and (ii) any change affecting the
basic size, shape, or configuration of the Company Facilities, including (but not limited
to) removal, replacement, or reconfiguration of the monopole, cellular antenna, or
fenced enclosure. Routine maintenance that does not require the excavation of soil
shall not constitute a Material Alteration,
Reconstruction For purposes of this Agreement, Reconstruction shall consist of any
work on the Company Facilities that requires repair, alteration, or replacement of more
than fifty percent of all Company Facilities.
City Approval of Plans Required Company shall not commence any Initial
Construction, Material Alteration, or Reconstruction of all or part of the Company
Facilities until construction plans have been approved by the City in writing. Plans
shall only be approved if they demonstrate that the proposed Initial Construction,
Material Alteration, or Reconstruction will not interfere with any other person's
(including the City's) communication facilities or other facilities or operations.
Process for Approval The Company shall deliver to the City four (4) complete sets of
detailed construction plans and specifications ("Proposed Plans") showing each and
every proposed element, facility, or improvement and the precise location thereof on
the Licensed Premises. Within ten (10) days of receiving the Proposed Plans, the City
shall conduct its review and decide whether to approve or disapprove the Proposed
Plans. To the extent the City disapproves all or any part of the Proposed Plans, the
City shall, within fifteen (15) days of receiving such plans, provide Company a written
explanation of the reasons for disapproval and suggested cures, if any. Company shall
then submit revised Proposed Plans, which shall be subject to the same review and
approval process described herein. After Proposed Plans have been approved by the
City in writing, they will be referred to as the "Approved Plans."
LICENSE AGREEMENT FOR SANDY LANE PARK 9 of 29
Revision of Approved Plans If permitting or regulatory changes or unforeseen
conditions discovered during Initial Construction, Material Alteration, or
Reconstruction prevent the Company from adhering to Approved Plans, the Company
shall submit revised construction plans for approval ("Revised Plans"). Revised Plans
shall be subject to the review and approval process described above. After Revised
Plans have been approved by the City in writing, they will be referred to as the
"Revised Approved Plans."
Plans for Initial Construction Company shall perform Initial Construction in
accordance with the initial Approved Plans, which are attached to this Agreement as
Exhibit "B" and incorporated herein for all purposes as though set forth at length.
Company may deviate from the initial Approved Plans only by following the process
described above regarding "Revision of Approved Plans."
Time Period for Initial Construction Initial Construction of Company Facilities
must be commenced within sixty (60) days of the Effective Date of this Agreement.
Initial Construction of all Company Facilities must be fully completed within one
hundred and twenty (120) days of the Effective Date of this Agreement. The period
for completion of Initial Construction is referred to as the "Initial Construction
Period."
Approval for Material Alteration or Reconstruction If all or any portion of the
Company Facilities requires Material Alteration or Reconstruction, the Company must
submit a written request to the City at least thirty (30) days prior to Company's
proposed action. Plans for any Material Alteration or Reconstruction must comply
with the "Process for Approval" outlined above. In performing any Material
Alteration or Reconstruction, Company shall comply with all other requirements of
this Agreement.
Time Period for Material Alteration or Reconstruction The City shall prescribe a
time period during which any Material Alteration or Reconstruction must be
accomplished.
Schedule for Construction, Material Alteration, or Reconstruction Prior to
commencing any Initial Construction, Material Alteration, or Reconstruction of the
Company Facilities, Company shall submit a proposed construction schedule for City
approval (the "Construction Schedule"). To the extent any deviations from the
Construction Schedule are required, Company shall submit amendments for City
approval.
Company agrees that Initial Construction of the Company Facilities shall be
complete within the Initial Construction Period re;;ardless of any amendments to
the Construction Schedule for the Initial Construction.
Securin>; of Site Company shall erect and maintain or cause to be erected and
maintained construction chain link fencing that will inhibit members of the public from
LICENSE AGREEMENT FOR SANDY LANE PARK 10 of 29
accessing the site of any Initial Construction, Material Alteration, or Reconstruction.
The Temporary Staging Area of Tract Five must be secured in this same manner
during the Initial Construction Period.
Protection of Structures and Equipment Company acknowledges that other
persons, including the City, may have structures and/or equipment on the Licensed
Premises or Sandy Lane Park. Company agrees that it will use commercially
reasonable efforts to protect the integrity of such structures and equipment. In the
event that Company's activities may threaten such structures or equipment, Company
agrees to immediately notify the City as far in advance as possible and to cooperate
with the City and the applicable other persons in protecting such structures and/or
equipment.
Interference with Other Operations Prohibited During Initial Construction,
Material Alteration, or Reconstruction of the Company Facilities, Company shall not
interfere with any operations or activities that exist at the time of the Initial
Construction, Reconstruction, or Material Alteration and that are performed by the
City or any person acting on the City's behalf. If the Company's Initial Construction,
Material Alteration, or Reconstruction ever interferes with any such operations or
activities, Company shall immediately cease the interfering activity; provided,
however, that Company may, following prior written notice to the City and only at
times approved by the City, conduct intermittent testing to determine if the interference
has been eliminated. If Company does notcease any Initial Construction, Material
Alteration, or Reconstruction after Company has constructive notice of interference,
the City may immediately take whatever actions are necessary to eliminate the
interference, including, without limitation, removing the Company Facilities, The City
shall not be liable for any damage to the Company or Company Facilities that may
result from elimination of such interference; provided, however, that the City will
provide Company with notice of any such action as soon as practicable.
Minimizing Impact of Vegetation The Company shall be authorized to disturb or
remove the surface and subsurface of the Licensed Premises and Sandy Lane Park only
to the extent provided in Approved Plans or Revised Approved Plans. In exercising
such authority, the Company shall use all reasonable efforts to minimize removal of or
damage to existing vegetation, including the use of orange mesh fencing around the
drip line of any tree to protect the tree.
Restoration of Improvements To the extent any fences or other improvements are
destroyed, removed, or altered in connection with any Initial Construction, Material
Alteration, or Reconstruction, the Company will reconstruct and restore such
improvements in a good and workmanlike manner to a condition that is equal to or
better than the one in which such improvements existed prior to commencement of the
Initial Construction, Material Alteration, or Reconstruction.
Restoration Following Subsurface Installation To the extent any portion of the
Company Facilities are placed below ground in a trench or bore, the Company shall
LICENSE AGREEMENT FOR SANDY LANE PARK 11 of 29
ensure such trench or bore is promptly filled with clean fill dirt up to the level of
surrounding ground. Company shall ensure any fill dirt is compacted to a 90%
compression ratio and in accordance with all applicable laws. Company shall provide
the City with a report or other written documentation satisfactory to the City to
demonstrate that compaction was performed in accordance with this paragraph.
Company shall ensure that all excess material excavated from the Licensed Premises is
removed and properly disposed of within ten (10) days of excavation.
Standards for Initial Construction, Material Alteration, and Reconstruction All
Initial Construction, Material Alteration, or Reconstruction shall be performed at
Company's sole cost and expense, (1) in a good and workmanlike manner and in strict
conformance with the applicable Approved or Revised Approved Plans; (ii) in
conformance with applicable building uses and all applicable engineering, safety, and
other laws; (ill) in accordance with the highest accepted industry standards of care,
skill, and diligence; and (iv) in such a manner as shall not adversely affect the
structural integrity or maintenance of the Licensed Premises, Sandy Lane Park, any
structures on the Licensed Premises or Sandy Lane Park, or any lateral support of
structures adjacent to or in the proximity of the Licensed Premises or Sandy Lane Park.
Requirement of "As Built" Plans Within one week of completion of any Initial
Construction, Material Alteration, or Reconstruction of the Company Facilities, and
prior to the use of such constructed, materially altered, or reconstructed facilities, the
Company shall deliver to the City four (4) complete sets of "As Built" construction and
engineering plans conforming to the Approved or Revised Approved Plans for the
Initial Construction, Material Alteration, or Reconstruction.
Ensuring Conformance with Plans The City shall have the right to verify that any
Initial Construction, Material Alteration, or Reconstruction complies with the
corresponding Approved or Revised Approved Plans. The City may perform any site
visits necessary to complete such verification.
XI. CASUALTY
Definition For purposes of this Agreement, Casualty shall refer to a catastrophic event
beyond the reasonable control of the Party, including, but not limited to, fire and
natural disaster.
Damage to City Property due to Casualty If any City -owned structure on the
Licensed Premises or Sandy Lane Park is damaged or destroyed by a Casualty, the
City may, in its sole discretion, elect whether to repair or restore the structure.
Damage to Company Facilities due to Casualty If Company Facilities on or under
the Licensed Premises are damaged or destroyed by a casualty or by any other cause
beyond Company's reasonable control, Company may elect one of the following three
options.
LICENSE AGREEMENT FOR SANDY LANE PARK 12 of 29
(1) Immediately erect on an unused portion of the Licensed Premises temporary
Company Facilities, including any supporting structure, while the Company
makes repairs or restores the original Company Facilities. Such temporary
Company Facilities shall be at a location and pursuant to plans and specifications
approved in advance by the City in accordance with the procedures outlined in
Paragraph X. On completion of any repair or restoration of the original Company
Facilities, Company must remove any temporary Company Facilities and repair
any damage that the temporary facilities caused to the Licensed Premises or
Sandy Lane Park.
(2) Repair or restore the Company Facilities at the same location and in accordance
with the most -current Approved Plans or Revised Approved Plans on file with the
City.
(3) Terminate this Agreement. In the event of Company's termination of this
Agreement due to Casualty, the City shall refund to the Company the most
recently paid License Fee, pro -rated to reflect the number of days remaining in
the then -current Term following the effective date of termination.
If Company elects to repair or restore the Company Facilities in accordance with either
subsection (1) or (2) above, the Company agrees that such repairs or restoration
activities (i) may not interfere with the City's construction or repair operations, if any,
and (ii) shall otherwise comply with the requirements for Company Facilities set forth
in this Agreement.
XII. PERFORMANCE AND PAYMENT BONDS Prior to the commencement of any
Initial Construction, Material Alteration, or Reconstruction of the Company Facilities
or any other work on the Licensed Premises that requires a cut, opening, or other
excavation, Company shall deliver to the City bonds executed by a corporate surety
authorized to do business in the State of Texas and acceptable to the City in the
proportional amount of the cost of work under the construction contract or construction
project that will be performed in Sandy Lane Park. The bonds shall guarantee (i) the
faithful performance and completion of all construction, maintenance, or repair work
in accordance with all requirements, terms, and conditions of this Agreement and (ii)
full payment for all wages for labor and services and of all bills for materials, supplies
and equipment used in the performance of that contract.
If any such work is undertaken by a contractor of Company, Company shall also
require such contractor to deliver to City bonds executed by a corporate surety
authorized to do business in the State of Texas and acceptable to the City in the
proportional amount of the cost of work under the construction contract or construction
project that will be performed by the contractor in Sandy Lane Park. The bonds shall
guarantee (i) the faithful performance and completion of all construction, maintenance,
or repair work in accordance with the contract between Company and the contractor
and (ii) full payment for all wages for labor and services and of all bills for materials,
LICENSE AGREEMENT FOR SANDY LANE PARK I3 of 29
supplies and equipment used in the performance of that contract. Such bonds shall
name both the City and Company as dual obligees.
XIII. SCREENING FENCE No later than the final day of the Initial Construction Period,
Company shall install perimeter fencing around Tract One that is no less than a six-
foot (6') high chain link fence with fabric for screening, such fence to consist of
materials similar to the materials surrounding the adjacent baseball fields as of the
Effective Date. Company shall maintain such fencing throughout all Terms of this
Agreement. If any Material Alteration (other than final removal of all Company
Facilities) or Reconstruction requires temporary removal of all or part of the perimeter
fencing, Company shall restore such fencing no later than the final day of the period
prescribed by the City for the Material Alteration or Reconstruction.
XIV. MAINTENANCE
Duty to Maintain At all times during any Term of this Agreement, Company shall, at
its sole cost and expense, keep and maintain the Company Facilities and the monopole
in a structurally safe and sound condition and in good repair. At all times after
completion of Initial Construction, during the Term of this Agreement, City shall, at its
sole cost and expense, keep and maintain the City's Lighting Equipment in good
condition and repair, including but not limited to electrical wiring, light fixtures, and
light bulbs. The City shall not be responsible for maintenance of Company Facilities
or for the clearing or removal of trees, shrubs, plants, ice, snow, or debris from the
Licensed Premises. Notwithstanding anything in this Agreement to the contrary, any
and all changes to the hard connection between the Lighting Equipment and the
monopole shall be conducted by Company, including but not limited to relocation and
removal of the Lighting Equipment from the monopole; all cost of any such change
shall be borne by the Party requesting or requiring such change.
Duty to Repair Company shall promptly repair any damage caused in whole or in
part by Company, its agents, employees, contractors, or subcontractors to the Company
Facilities, the monopole, the City's Lighting Equipment, the Licensed Premises, or
Sandy Lane Park. City shall promptly repair any damage caused in whole or in part by
City, its agents, employees, separate contractors, or subcontractors to the Company
Facilities, the monopole, the City's Lighting Equipment, or the Licensed Premises.
Duty to Protect Company shall not cause or permit another person to cause any
damage to the Company Facilities, the monopole, the City's Lighting Equipment, the
Licensed Premises, or Sandy Lane Park. Company shall be solely responsible for any
damage that may occur as a result of Company's action or inaction (where there is a
duty to act) or the actions or inactions (where there is a duty to act) of another person
acting on behalf of or on permission of the Company.
Protection Against Nuisance Company shall not permit the existence of any nuisance
on the Licensed Premises and shall keep the Licensed Premises in a clean and safe
condition and free of any explosive, flammable, or combustible material that would
LICENSE AGREEMENT FOR SANDY LANE PARK 14 of 29
increase the risk of fire; provided that Company may keep and use a backup power
generator and lead acid batteries on the Licensed Premises so long as such use is in
compliance with all applicable laws and as long as Company has posted the use of any
such Hazardous Materials as referenced in Paragraph XVIII and Paragraph XXXIII.
Company shall not permit the accumulation of junk, debris or other unsightly materials
on the Licensed Premises.
Maintenance of City Structures and Equipment At all times during any Term of
this Agreement, Company shall, at its sole cost and expense, keep and maintain in a
structurally sound and safe condition any structures or equipment owned by the City
that Company is allowed to use pursuant to Paragraph II.
XV. LIMITATION ON FREQUENCIES Use of Company Facilities shall be limited to
transmission of 19754990 MHz; 2145-2155 MHz; 1895-1910 MHz; 1745-1755 MHz.
Prior to each Renewal Term, Company shall provide City with any changes in
frequencies.
XVI. MAXIMUM PERMISSIBLE EXPOSURE Company shall, at its sole cost and
expense, ensure that Company Facilities are operated in compliance with radiated
power density maximum permissible exposure ("MPE") limits for workers and the
general public as specified by applicable communications laws. Company shall at all
times operate Company Facilities in a manner that will not cause the Company
Facilities to exceed the permissible MPE. Company shall comply with all MPE
guidelines promulgated by the Federal Communications Commission ("FCC") or any
other authority succeeding to the regulatory powers thereof, including those guidelines
provided by the FCC Office of Engineering &Technology Bulletin 65, Edition 97-01.
The Company shall keep all MPE studies, including MPE studies conducted as part of
Company's due diligence, with Company's FCC license. A copy of the latest MPE or
radiation emission permissible shall be sent to the City and shall be kept on file and
available for review by members of the public during the City's normal business hours.
Company shall provide City with an MPE study within 60 days of commencement of
operation of the Company Facilities. Company shall be in compliance with then -
current MPE guidelines as established by FCC.
XVII. TOWER COMPLIANCE WITH COMMUNICATIONS AND AVIATION LAW
Company shall, at its sole cost and expense, ensure that the monopole and all support
facilities located thereon are operated in compliance with all applicable federal laws
and regulations governing communications and aviation. Specifically, Company shall
register any tower as required by the FCC. Company shall also apply to the Federal
Aviation Administration ("FAA") or any other authority succeeding to the regulatory
powers thereof for certification approval of the monopole. Company shall provide the
City with a copy of such certification approval and documentation of any height
limitations prescribed by the FAA. In addition, if required by the FAA, Company shall
maintain flashing tower lights in accordance with federal requirements and shall
maintain a device designed to control tower lights automatically and an alarm system
designed to automatically detect failures in such lights. If such lighting is required by
LICENSE AGREEMENT FOR SANDY LANE NARK I5 of 29
the FAA, then within thirty (30) minutes of any failure or malfunction of any flashing
tower lights, Company shall notify the nearest FAA Flight Service Station. At least
once per month, Company shall visually inspect all FAA -required tower lights to
ensure the lights and automatic systems are functioning properly. Company shall also
provide City with a copy of its perimeter flight elevation buffer plan for the monopole,
if such plan is required by the FAA.
XVIII. COMPLIANCE WITH OTHER LAWS, ORDINANCES, AND REGULATIONS
In addition to any other requirements specified in this Agreement, Company shall
comply with all applicable federal, state, and local statutes, ordinances, rules, and
regulations, including, but not limited to: (i) laws governing the safety of persons or
property or their protection from damage, injury, or loss; (ii) valid and enforceable
City ordinances, rules, and policies related to construction permits, construction bonds,
permissible hours of construction, operations during peak traffic hours, barricading
requirements, and any other construction rules or regulations that may be promulgated
from time to time; (iii) the Communications Act of 1934, as amended, 47 U.S.C. § 151
et seq., and the rules, regulations, policies, and orders promulgated thereunder by the
Federal Communications Commission or any other federal agency that succeeds in
whole or in part to its jurisdiction; and (iv) laws pertaining to environmental
protection, restoration, or reclamation, or to the health, safety, use, or possession of
Hazardous Materials (as defined in this Agreement) including, but not limited to, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended, 42 U.S.C. § 9061 et seq. ("CERCLA"), the Hazardous Materials
Transportation Act, 49 U.S.C. § 1802, and the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. § 6901 et seq. Company shall comply with any order, decision,
injunction, judgment, award, or decree of any public body or authority having
jurisdiction over Company, the Company Facilities, and/or Company's activities and
obligations. Company's duty shall include the duty to keep abreast of all changes in
applicable law. Should any provision of law applicable to Company, the Company
Facilities, and/or Company's activities and obligations be amended or revised,
Company shall meet all newly applicable standards within the time frame set out in
such amended or revised law, or if no time frame is set forth therein for compliance,
Company shall have 90 days from the approval of such amendment or revision to meet
all newly applicable standards. Company shall have the sole responsibility for costs,
fees, or expenses associated with compliance with applicable law and with this
Paragraph.
XIX. PUBLIC SAFETY Company shall be solely responsible for initiating, maintaining,
and supervising all safety precautions and programs in connection with the Company
Facilities and Company's use of the Licensed Premises and Sandy Lane Park. During
any Initial Construction, Material Alteration, or Reconstruction, Company shall
provide construction and maintenance signs and sufficient barricades at work sites to
protect the public. The use of traffic control devices shall be consistent with the
standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control
Devices. Company shall utilize appropriate warning lights at all construction and
maintenance sites where one or more traffic lanes are closed or obstructed during
LICENSE AGREEMENT FOR SANDY LANE PARK 16 of 29
nighttime conditions. Company shall also take all necessary precautions and shall
provide all necessary protection to prevent damage, injury, or loss to (a) all persons
accessing the Company Facilities or portions of the Licensed Premises on which any
construction is being performed by or on behalf of the Company; (b) all work
performed on the Licensed Premises and all materials and equipment to be
incorporated therein that are under the care, custody, or control of the Company, or the
Company's employees, agents, contractors, or subcontractors, regardless of whether
such material and equipment is stored on or off the Licensed Premises; and (c) other
property on or adjacent to the Licensed Premises.
XX. NO UNDUE BURDEN Company's operations and actions under this Agreement
shall be accomplished so as not to place an undue burden on the present or future use
of Sandy Lane Park by the City or the public. If the City determines, in its sole
discretion, that the Company and the Company Facilities place an undue burden on any
portion of Sandy Lane Park, Company's sole cost and expense and upon no less than
six (6) months' prior written notice thereof by the City, the Company shall modify the
Company Facilities or take other actions reasonably determined by the City to be in the
public interest to remove or alleviate the burden.
XXI. RETENTION OF RIGHTS BY THE CITY All rights granted under this Agreement
are subject and subordinate to the prior and continuing right of the City to, among
other things, (1) use and maintain all or any part of Sandy Lane Park and the Licensed
Premises; (ii) sell or otherwise dispose of all or any part of Sandy Lane Park, including
but not limited to the air space above and the subsurface area below the Company
Facilities; and (iii) construct, operate, change, modify, or relocate signals,
communication or other lines, pipelines, electric lines, the Lighting Equipment, and
other facilities and operations of the City in, on, upon, over, under, across, along, or
through Sandy Lane Park or the Licensed Premises, or to permit any person to do so
for the City, all or any of which may be freely done at any time by the City or any
person with the City's permission, without liability to Company or to any other person
for compensation; provided, however, the foregoing rights shall not be exercised by a
person in a manner that unreasonably and materially interferes with Company's
permitted use of the Licensed Premises. Any normal business operations of the City
on Sandy Lane Parlc or the Licensed Premises or sale of the property by the City shall
have priority over Company's Construction and Operation of the Company Facilities,
and in the event of any conflict that cannot be cured by the Parties using reasonable
efforts to do so within a reasonable period of time, either Party may terminate this
Agreement, and neither Party shall have any further rights or obligations hereunder
except for those rights and obligations vested or accrued prior to the termination of this
Agreement. In such event, City shall refund to Company the unearned portion of the
pre -paid License Fee within sixty (60) days of the effective termination date.
XXII. NO SERVICES The City shall not furnish the Company with any utilities, cleaning,
lighting, security, fence, gate, or any other items or services for the Licensed Premises.
LICENSE AGREEMENT FOR SANDY LANE PARK 17 of 29
XXIII. UTILITIES Company shall not use the City's electrical power or any other utility
services purchased by the City for construction, installation, operation, maintenance,
repair, or reconstruction of the Company Facilities. Company may, at its sole cost,
risk, and expense, draw electricity and other utilities on the Licensed Premises or
obtain separate utility service from any utility company that provides such service. If
Company chooses to draw electricity or other utilities, Company shall arrange for the
installation of a separate meter as well as a separate main breaker for electrical service.
The City shall have the right to approve the exact location of the proposed utility
routes and the manner of installation. City shall be solely responsible for all utility
costs incurred for use and operation of the City's Lighting Equipment located on the
monopole.
XXIV. PERMITS Company shall obtain and pay for all necessary permits, licenses, and
other approvals required by or from any governmental agency or entity in connection
with the construction, installation, operation, maintenance, repair, or reconstruction of
the Company Facilities and use of the Licensed Premises or any other City property
related to activities within the scope of this Agreement. The City agrees to cooperate
reasonably with Company in executing such documents required for the Company to
obtain permits, licenses, or other government approvals needed.
XXV. TAXES The Company further agrees to pay for all taxes assessed or imposed by any
governmental entity in connection with the construction, installation, operation,
maintenance, repair, or reconstruction of the Company Facilities and the use of the
Licensed Premises or any other City property related to activities within the scope of
this Agreement.
XXVI. INSURANCE
Duty to Acquire and Maintain
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverages of the types and amounts specified herein,
naming the City as an additional insured and covering all public risks related to the
use, occupancy, condition, maintenance, existence, or location of Sandy Lane Park and
the construction, installation, operation, maintenance, repair, reconstruction, or
condition of the Company Facilities. The insurance required hereunder may be met by
a combination of self-insurance and primary and excess policies.
Types and Amounts of Coverage Required
Commercial General Liability:
$5,000,000.00 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse, and underground
property damage.
LICENSE AGREEMENT FOR SANDY LANE PARK 18 of 29
Property Damage Liability:
$5,000,000.00 per occurrence
Umbrella Policy
$5,000,000.00
Automobile Liability:
$1,000,000.00 per accident, including, but not limited to, all owned, leased, hired
or non -owned motor vehicles used in conjunction with the rights granted under
this Agreement
Worker's Compensation:
As required by law
Employer's Liability:
$1,000,000.00 per accident.
Revisions to Required Coverage
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or
policies of insurance shall be endorsed 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.
Underwriters and Certificates
Company shall procure and maintain its insurance with underwriters who are
authorized to do business in the State of Texas and who are acceptable to the City in
terms of solvency and financial strength. Within thirty (30) days following execution
of this Agreement, Company 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, Company shall, on demand, provide
the City with evidence that it has maintained such coverage in full force and effect.
Deductibles
LICENSE AGREEMENT FOR SANDY LANE PARK 19 of 29
Deductible or self -insured retention limits on any line of coverage required herein shall
not exceed $1,000,000.00 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
No Limitation of Liability
The insurance requirements set forth in this Paragraph XXVI and any recovery by the
City of any sum by reason of any insurance policy required under this Agreement shall
in no way be construed or affected to limit or in any way affect Company's liability to
the City or other persons as provided by this Agreement or law.
XXVII. ASSIGNMENT AND MORTGAGE The Company may not sell, assign, or
otherwise transfer any of its rights or obligations under this Agreement without the
prior, written consent of the City. Any attempted assignment without the City's
consent shall be void, said consent deemed approved if not received in ninety (90)
days. If City's consent is required pursuant to this Paragraph XXVII, City shall have
up to ninety (90) days to review and either approve or reject any request therefor.
City acknowledges Company's right to mortgage or otherwise encumber Company's
interest in this Agreement and the Company Facilities. The City agrees to grant in
favor of mortgagee or lender of Company all reasonable estoppels, non -disturbance
agreements, default cure periods, and other similar rights as are normally granted in
such transactions. Prior to permitting a mortgagee or lender to obtain a mortgage or
otherwise encumber Company's interest in this Agreement or the Company Facilities,
Company will use commercially reasonable efforts to cause such mortgagee or lender
to execute a Subordination, Non -disturbance and Attornment Agreement ("SNDA") in
form and substance reasonably satisfactory to the City, Company, and the
mortgagee/lender. The SNDA, among other things, shall provide that (i) a mortgagee
or lender shall have only those rights granted to the Company with respect to the
Agreement or Company Facilities that serves as the underlying collateral; and (ii) if the
mortgagee or lender forecloses or otherwise enforces its right to divest Company of
Company's interest in such collateral, then such mortgagee or lender shall take such
collateral subject to the terms of this Agreement.
XXVIII. RIGHT OF ENTRY The City reserves to itself, its agents, assigns, and
employees the right to enter the Licensed Premises at any time for the purpose of
consulting with the Company; malting inspection of the Company Facilities
(excluding the right to touch or make any hard connections to the Company Facilities
for any reason other than for the sole purpose of maintaining and making repairs to the
Lighting Equipment); maintaining and making repairs and improvements to the
Lighting Equipment or other City -owned property; and developing oil, gas or other
mineral resources (provided such development in no way interferes with the structural
integrity of the monopole or Company's other equipment located thereon). In
addition, the City does not relinquish the right to control the management of the
Licensed Premises as a park, or the right to enforce all necessary and proper rules for
the management and operation of the same. Members of the City's police, fire, parks,
LICENSE AGREEMENT FOR SANDY LANE PARK - 20 of 29
code enforcement, health, and other designated departments shall have the right at any
time to enter any portion of the Licensed Premises (without causing or constituting a
termination of the Agreement) for the purpose of inspecting the Company Facilities,
maintaining the Lighting Equipment or other City -owned property located thereon,
and performing any and all activities necessary for the proper conduct and operation of
public property; provided that no unreasonable interference to Company's use of the
Licensed Premises and operation of the Company Facilities thereon is caused by such
access. Notwithstanding anything in this Agreement to the contrary, any and all
changes to the hard connection between the Lighting Equipment and the monopole
shall be conducted by Company, including but not limited to relocation and removal
of the Lighting Equipment from the monopole; all cost of any such change shall be
borne by the Party requesting or requiring such change. The City will at all times
have keys with which to unlock all doors and gates on the Licensed Premises, and
Company will not change or alter any lock thereon without the City's permission.
XXIX. MINERALS There is exempted from this Agreement all oil, gas, and minerals in and
under the lands above described and the right to mine and remove the same; provided
such mining and removal in no way interferes with the structural integrity or operation
of the monopole or Company's other equipment located thereon. This Agreement is
made subject and subordinate to the terms and provisions of any valid oil, gas, and/or
mineral lease or leases executed by the City either before or after commencement of
this Agreements provided such future agreements include non -disturbance and non-
interference obligations for the lessee or licensee therein with regard to Company's
operation of the Company Facilities on the Licensed Premises.
x:XX. EXPIRATION AND TERMINATION
Termination Without Cause From and after the fifth anniversary of the Effective
Date, this Agreement may be terminated by either Party, with or without cause, by
providing the other Party with no less than one (1) year's written notice prior to the
intended termination date.
Termination For Cause Either Party may terminate this Agreement immediately by
providing written notice to the other Party in the event of (i) failure of Company to pay
any license fee or other monetary consideration within thirty days of the day such
payment is due; or (ii) either Party becoming subject to a bankruptcy proceeding; being
adjudicated insolvent; failing to pay its debts generally as they become due; or seeking
or acquiescing to appointment of any trustee, receiver, master, custodian or liquidator;
or (iii) failure by the other Party to perform' any covenant, condition or term of this
Agreement and such defaulting Party fails to diligently pursue a cure thereof to its
completion after thirty (30) days' written notice specifying such failure of performance
or default. The Party terminating this Agreement for cause shall also be free to pursue
any and all other legally available remedies against the other Party.
Duties Following Termination or Expiration
LICENSE AGREEMENT FOR SANDY LANE PARK 21 of 29
Following expiration or termination of this Agreement, Company shall promptly
remove all Company Facilities and personal property; provided that Company shall not
be obligated to remove any foundations or underground conduits located more than six
feet (6') below grade. Company shall also restore the Licensed Premises to
substantially the same state and environmental condition in which the premises existed
prior to Company's use - ordinary wear and tear, City -caused damage, and Casualty
losses excepted — and repair any damage to the Licensed Premises or Sandy Lane Park,
including, but not limited to, any damage that Company causes during removal of the
Company Facilities to any structures or equipment owned or licensed by the City or
any other person. Following removal of all Company Facilities and repair of any
damage, Company shall relinquish possession of the Licensed Premises to the City. At
the request of City, at such time of removal of facilities by Company, Company shall
install a pole with light fixtures in same or similar standard to the other light poles
installed at the Licensed Premises at that time.
Failure to Comply with Post -Termination Duties
If Company fails to remove all or any part of the Company Facilities or to restore the
Licensed Premises or Sandy Lane Park as required hereunder, the City may, at its sole
election, (i) remove the Company Facilities and otherwise restore the Licensed
Premises and Sandy Lane Park and invoice the Company for the City's reasonable and
actual costs and expenses incurred, such invoice to be due and payable within thirty
(30) days of its delivery to Company; or (ii) following no less than thirty (30) days
prior written notice to Company, take and hold any Company Facilities and personal
property as City's sole property; or (iii) pursue any remedy at law or in equity
available to the City. If Company fails to surrender the Licensed Premises to the City
following termination or expiration, all liabilities and obligations of Company
hereunder shall continue in effect until the Licensed Premises is surrendered.
Duties and Obligations to Survive Termination or Expiration No termination or
expiration shall release Company from any liability or obligation resulting from any
event happening prior to the completion or all post -termination duties or, if later, the
date on which the City exercises the last of its available remedies for Company's
failure to meet its post -termination duties.
Survival Terms and conditions of this Agreement which by their sense and context
survive the termination, cancellation or expiration of this Agreement will so survive.
XXXI. LIABILITY The City shall not be liable to the Company nor to the employees,
agents, patrons, or visitors of the Company for damages on account of injuries to
persons or property, including injuries resulting in death, due to any of the Company's
improvements now or hereafter located on the Licensed Premises being improperly
constructed or being or becoming out of repair; and the Company hereby waives all
defects in the Company Facilities, as well as in the Licensed Premises, AND
AGREES TO HOLD HARMLESS AND INDEMNIFY THE CITY FROM ALL
CLAIMS FOR DAMAGES ARISING FROM THE COMPANY FACILITIES
LICENSE AGREEMENT FOR SANDY LANE PARK 22 of 29
OR COMPANY'S USE OF THE LICENSED PREMISES, excluding any damages
caused by the City's, or the City's employees', agents', separate contractors', or
subcontractors' gross negligence or willful misconduct, or otherwise from the City's
use, operation, maintenance, repair, or replacement of the Lighting Equipment.
XXXII. SURFACE DAMAGES The City will be due all proceeds resulting from
damages related to easements, mineral exploration, or other causes. The Company
shall receive a percentage of surface damages resulting from easements and/or gas
exploration that cause a loss of use of the Licensed Premises. The percentage will be
agreed upon between the City and the Company upon each occurrence.
x:XXIII. PROTECTION OF THE ENVIRONMENT
No Hazardous Materials or Storage Facilities
The City has no knowledge of any Hazardous Materials on, under, over, or about
Sandy Lane Park as of the Effective Date of this Agreement and hereby represents and
warrants that it shall not knowingly, nor permit any third party to, use, handle, or store
any Hazardous Materials on, under, over, or about Sandy Lane Park or the Licensed
Premises in violation of any applicable laws. Company shall not handle or store any
Hazardous Materials on the Licensed Premises or Sandy Lane Park, except that the
Company may, in compliance with applicable environmental laws, use and store (i)
Hazardous Materials in such amounts and types that are commonly used in connection
with the operation of the Company Facilities, (ii) general cleaning materials that may
contain Hazardous Materials, and (iii) small amounts of fuel necessary for the
operation of a back-up generator for the Company Facilities. Company shall not
introduce, use, generate, store, accept, or dispose of on, under, or about, transport
across, or permit to exist on the Licensed Premises or Sandy Lane Park any "treatment,
storage or disposal facility" or "underground storage tank," as those terms are defined
under the environmental laws. For purposes of this Agreement, "Hazardous
Materials" shall mean potentially dangerous hazardous wastes, toxic substances or
related materials, including, but not limited to, pollutants, asbestos, polychlorinated
biphenyl (PCB), petroleum or other fuels (including crude oil or any fraction or
derivative thereof) and underground storage tanks, and substances considered
hazardous, toxic or the equivalent pursuant to applicable laws. Any Hazardous
Materials used by Company on the Licensed Premises shall be posted on site and a list
shall be given to City.
No Threat to Health or Environment
Company shall not create or aggravate any condition at Sandy Lane Parlc or the
Licensed Premises that could present a threat fo human health or to the environment.
XXXIV. PROHIBITION AGAINST LIENS The Company shall not do any act or make
any contract that may be purported to create or be the foundation of any lien on or any
interest in the Licensed Premises or Sandy Lane Park. Any such act, contract, or lien
LICENSE AGREEMENT FOR SANDY LANE PARK 23 of 29
attempted to be created shall be void. Should any purported lien on the Licensed
Premises be created or filed, the Company shall, at its sole expense, liquidate and
discharge same within ten (10) days after notice from the City to do so
�V. NOTICES All notices required or permitted under this Agreement shall be
conclusively determined to have been delivered when (i) hand -delivered to the other
Party, its agent, employee, servant, or representative, or (ii) received by the other Party
by reliable overnight courier or United States Mail, postage prepaid, return receipt
requested, at the address stated below or to such other address as one Party may from
time to time notify the other in writing.
To THE CITY:
Director
Parks and Community Services
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
With a copy to:
Department of Law
City of Fort Worth
Attn: Denis C. McElroy
1000 Throckmorton
Fort Worth, Texas 76102
To COMPANY:
T-Mobile USA, Inc.
12920 SE 38t" Street
Bellevue, WA 98006
Attn: PCS Lease Administrator
with a copy to:
Attn: Legal department
and with a copy to:
T-Mobile West Corporation
7668 Warren Parkway
Frisco, TX 75034
Attn: Lease Administration Manager
�:XXVI. INDEPENDENT CONTRACTOR It is expressly understood and agreed that
Company shall operate as independent entity.in each and every respect hereunder and
not as an agent, representative, or employee of the City. Company shall have the
exclusive control and the exclusive right to control all details and day-to-day
operations and activities relative to operation of the Company Facilities and shall be
solely responsible for the acts and omission (where there is a duty to act) of its officers,
agents, servants, employees, contractors, subcontractors, licensees, and invitees.
Company acknowledges that the doctrine of respondeat superior shall not apply as
between the City and Company, its officers, agents, servants, employees, contractors,
subcontractors, licenses, and invitees. Nothing contained in this Agreement shall be
construed as the creation of a partnership or joint enterprise between the City and
Company.
�:XXVII. FORCE MAJEURE In the event either Party's performance of any of the terms,
conditions, or obligations required by this Agreement is prevented by a cause or event
LICENSE AGREEMENT FOR SANDY LANE PARK 24 of 29
that is not within that Party's reasonable control, the Party's non-performance shall be
deemed excused for the period of such inability. Causes or events that are not within
the Parties control shall include, but not be limited to, acts of God, strikes, sabotage,
riots, civil disturbances, failure or loss of utilities, explosions, and natural disasters.
XXXVIII. HEADINGS The section headings contained herein are solely for convenience in
reference and are not intended to define or limit the scope of any provision of this
Agreement.
XXXIX. ENTIRETY OF AGREEMENT This instrument (including all attachments,
schedules, and exhibits attached hereto) constitutes the entire understanding and
agreement of the City and Company as to use of the Licensed Premises and Sandy
Lane Park. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with the terms and conditions of this
Agreement. This Agreement shall not be amended unless agreed to in writing by both
parties.
XL. CHOICE OF LAW;VENUE This Agreement shall be governed by and construed
in accordance with the laws of the State of Texas. If any action, whether real or
asserted, at law or in equity, arises on the basis of any provision of this Agreement,
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 0- Fort Worth Division,
IN WITNESS WHEREOF, the parties hereto have executed this agreement this day of
20
CITY OF FORT WORTH
Assistant City Manager
APPROVED AS TO
T-MOBILE WEST CORPORATION
By:
Name: Jared Ledet
Title: Director of Regional Development
III
rnntract Authorization
SI
IAl. RECORD
CITY SECRETARY
FT.'NORTH, TX
LICENSE AGREEMENT FOR
AND L GAL TY
Denis C McElroy
A�
Assistant City Att
M&C L-14651
M&C L44904
G2��t�;fA� RAC®RD
�fTY ���R�TARY
T WORTH, TX
LICENSE AGREEMENT FOR SANDY LANE PARK 26 of 29
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day ofkad,, 2010, by
Charles W. Daniels, Assistant City Manager of the City of Fort Worth, exas, a municipal
corporation, on behalf of the City of Fort Worth, Texas.
MARIA S. SANCHEZ
MY COMMISSION EXPIRES
December 14, 2013
ACKNOWLEDGMENT
THE STATE OF�-P.��iS §
Public, State of Texas
COUNTY OF C I I � §
Thi instru ent wa�j acknowledged before me on this Zo�day of
2010, by P;� ze'f of T-Mobile West Corporation, a Dela are
corporation, on behalf of said company.
KIMBERLY LASHANN DIXSeS
My July 01 ! 2013�
Notary Pudic, State o�as
My commission expires'2v rs
My commission number:
OFF1Ca�rL RECORD
CITY SECRETARY
FT. WORTH, TX
LICENSE AGREEMENT FOR SANDY LANE PARK 27 of 29
SEE ATTACHED SURVEY AND LEGAL DESCRIPTION
LICENSE AGREEMENT POR SANDY LANF_ PARK 28 of 29
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FIELD NOTES
LEASE AREA
BEING a 0.007 acre (320.00 sq ft) tract and being all that certain lot, tract or parcel of land situated in the David Hitson
Survey, Abstract No. 665, in the City of Fort Worth, Tarrant County, Texas, and being part of a called 26.5 acre tract
described in a deed from Susan Sutton McKee, Ind. Executrix of the Est. of Frank McKee, deceased, et al to City of
Fort Worth as recorded in Volume 4374, Page 729, Deed Records of Tarrant County, Texas, and being more
particularly described as follows:
COMMENCING from a point on the east line of Sandy Lane, at the northwest corner of said 26.5 acre tract, from
which point a 1/2 inch iron rod (capped) found at the northwest corner of Lot 10, Block 1, Fair Meadows Addition
according to the plat thereof recorded in Volume 388-46, Page 944, bears N 89°13'39" E a distance of 10.00 feet and N
00°28'39" E a distance of 300.59 feet, for a reference;
THENCE S 00°28'39" W along the east line of said Sandy Lane and the west line of said 26.5 acre tract a distance of
223.45 feet and S 89°31'21" E across said 26.5 acre tract a distance of 618.45 feet to a 1/2 inch iron rod set at the
POINT OF BEGINNING of said lease area;
THENCE N 80°40'S6" E across said 26.5 acre tract a distance of 16.00 feet to a 1!2 inch iron rod set, for a corner;
THENCE S 09° 19'04" E across said 26.5 acre tract a distance of 20.00 feet to a 1/2 inch iron rod set, for a corner;
THENCE S 80°40'S6" W across said 26.5 acre tract a distance of 16.00 feet to a 1/2 inch iron rod set, for a corner;
THENCE N 09°19'04" W across said 26.5 acre tract a distance of 20.00 feet to the POINT OF BEGINNING and
containing 0.007 acres (320.00 sq ft) of an also being known as 2001 Sandy Lane, Fort Worth, Texas 76112.
I, Ronald D. Wimberley, Registered Professional Land Surveyor, State of Texas, do certify that the field notes hereon
are a true, correct and accurate representation of the property as determined by an on the ground survey conducted on
June 21, 2008, under my supervision.
Ronald D. Wimberley, R.P.L.S. No. 6005
DATE: 6-23-08
JOB NO. 08-0076
�F- •OF• T�,
�:0: kq o•au f
RONALD D. WIMBERLEY
o P 6005 c ��
Site Name: Sandy Lane Park
Site No.: DA 2588-A
WIMBERLEY SURVEYING PROFESSIONALS
P.O. BOX 93
ROCKWALL, TEXAS 75087
214-771-3333
FIELD NOTES
ACCESS EASEMENT
BEING all that certain lot, tract or parcel of land situated in the David Hitson Survey, Abstract No. 665, in the City of
Fort Worth, Tarrant County, Texas, and being part of a called 26.5 acre tract described in a deed from Susan Sutton
McKee, Ind. Executrix of the Est. of Frank McKee, deceased, et al to City of Fort Worth as recorded in Volume 4374,
Page 729, Deed Records of Tarrant County, Texas, and being a 15 feet in width access easement, the centerline of said
easement being more particularly described as follows:
COMMENCING from a point on the east line of Sandy Lane, at the northwest corner of said 26.5 acre tract, from
which point a 1/2 inch iron rod (capped) found at the northwest corner of Lot 10, Block 1, Fair Meadows Addition
according to the plat thereof recorded in Volume 388-46, Page 944, bears N 89°13'39" E a distance of 10.00 feet and N
00°28'39" E a distance of 300.59 feet, for a reference;
THENCE S 00°28'39" W along the east line of said Sandy Lane and the west line of said 26.5 acre tract a distance of
637.94 feet to the POINT OF BEGINNING of said easement;
THENCE N 89°21'27" E across said 26.5 acre tract a distance of 45.75 feet to a point at the beginning of a curve to the
left, for a corner;
THENCE across said 26.5 acre tract and along said curve having a radius of 91.42 feet, an arc length of 43.61 feet,
being subtended by a chord of N 75°41'25" E a distance 43.20 feet to a point at the beginning of a curve to the right, for
a corner;
THENCE across said 26.5 acre tract and along said curve having a radius of 887.82 feet, an arc length of 188.70 feet,
being subtended by a chord of N 61°36'31" E a distance 188.35 feet to a point at the beginning of a curve to the left, for
a corner;
THENCE across said 26.5 acre tract and along said curve having a radius of 432..08 feet, an arc length of 67.85 feet,
being subtended by a chord of N 56°58'08" E a distance 67.78 feet to a point, for a corner;
THENCE
N
49°58'28" E
across said 26.5 acre tract a distance of 408.96 feet to the POINT OF TERMINATION of the
centerline
of
said 15 feet
in width access easement.
I, Ronald D. Wimberley, Registered Professional Land Surveyor, State of Texas, do certify that the field notes hereon
are a true, correct and accurate representation of the property as determined by an on the ground survey conducted on
June 21, 2008, under my supervision.
Ronald D. Wimberley, R.P.L.S. No. 6005
DATE: 6-23-08
JOB NO. 08=OQ'I�
�NALD D. WIMBERLEY
-t P 6005 P ��-
y • of o�.�0
•f :: vF
SUR
Site Name: Sandy Lane Park
Site No.: DA 2588-A
WIMBERLEY SURVEYING PROFESSIONAI:S
P.O. BOX 93
ROCKWALL, TEXAS 75087
214-771-3333
FIELD NOTES
UTILITY EASEMENT
BEING all that certain lot, tract or parcel of land situated in the David Hitson Survey, Abstract No. 665, in the City of
Fort Worth, Tarrant County, Texas, and being part of a called 26.5 acre tract described in a deed from Susan Sutton
McKee, Ind. Executrix of the Est. of Frank McKee, deceased, et al to City of Fort Worth as recorded in Volume 4374,
Page 729, Deed Records of Tarrant County, Texas, and being a 5 feet in width utility easement, the centerline of said
easement being more particularly described as follows:
COMMENCING from a point on the east line of Sandy Lane, at the northwest corner of said 26.5 acre tract, from
which point a 1/2 inch iron rod (capped) found at the northwest corner of Lot 10, Block 1, Fair Meadows Addition
according to the plat thereof recorded in Volume 388-46, Page 944, bears N 89°13'39" E a distance of 10.00 feet and N
00°28'39" E a distance of 300.59 feet, for a reference;
THENCE N 89°13'39" E along the north line of said 26.5 acre tract and the south line of said Lot 10 a distance of
469.19 feet and S 00°46'21" E across said 26.5 acre tract a distance of 2.53 feet to the POINT OF BEGINNING of said
easement;
THENCE
S 32°54'14"
E across
said 26.5 acre tract a distance of 276.27 feet to the POINT OF TERMINATION of the
centerline
of said 5
feet in width
utility easement.
I, Ronald D. Wimberley, Registered Professional Land Surveyor, State of Texas, do certify that the field notes hereon
are a true, correct and accurate representation of the property as determined by an on the ground survey conducted on
June 21, 2008, under my supervision.
Ronald D. Wimberley, R.P.L.S. No. 6005
DATE: 6-23-08
JOB N0.08-0076
� � F
...............................
RONALD D. WIMBERLEY
6005 NQ���
SURN
Site Name: Sandy Lane Park
Site No.: DA 2588-A
WIMBERLEY SURVEYING PROFESSIONALS
P.O. BOX 93
ROCKWALL, TEXAS 75087
214-771-3333
i� u,
[Insert Company Facilities &Initial Approved Plans]
LICBNSIJ AGREEMENT FOR SANDY LANE PARK 29 of 29
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• • •
DATE: Tuesday, December 15, 2009 REFERENCE NO.: �*L-14904
LOG NAME: 80SANDY LANE PARK PARK TELECOMMUNICATIONS TOWER REVISED
SUBJECT:
Authorize an Amendment to the Approved Terms of a License Agreement with T-Mobile West Corporation
for the Installation of a Stealth Telecommunications Tower with Support Facilities in Sandy Lane Park
Located at 2001 Sandy Lane
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to amend the terms of an approved
License Agreement with T-Mobile West Corporation for a stealth telecommunications tower with support
facilities in Sandy Lane Park adjusting the terms and increasing the contract amount to $418,000.00.
DISCUSSION:
On September 30, 2008, (M&C L-14651) the City Council authorized the use of approximately 0.0368 acre
of parkland at Sandy Lane Park for the installation of a stealth telecommunications tower with support
facilities and the execution of a License Agreement with T-Mobile West Corporation in the amount of
$365,000.00 to be paid to the City over a 20 year period.
T-Mobile West Corporation (T-Mobile) proposed to construct a 100 foot stealth telecommunications mono-
pole tower with a 16 foot by 20 foot screened enclosure along with a 5 foot by 256.9 foot utility strip for
electrical service. The facility is necessary to fill dead zones within T-Mobiles current service network. Due
to a sluggish economy T-Mobile proposed renegotiation of the License Agreement payment terms. The
Parks and Community Services Department staff worked with T-Mobile staff and developed a revised
schedule to accommodate T-Mobile request while increasing the total License Agreement fee over the 20
year term of the Agreement. The initial terms totaling $365,000.00 were outlined as follows:
Current Contract Payment Terms:
Payments Amount
Lump Sum for the Initial Ten Year Term $150,000.00
Lump Sum for the First Five Year Renewal Term $90,000.00
Lump Sum for the Second Five Year Renewal Term $110,000.00
Donation Received During the First Term $15,000.00
Total $365,000.00
The Amendment allows for the adjustment of the terms and increases the license agreement fee to
$53,000.00 for a total of $418,000.00 as follows:
II. Proposed Contract Payment Terms:
Payment Amount
Logname: 80SANDY LANE PARK PARK TELECOMMUNICATIONS TOWER REVISED Page 1 of 2
Lump Sum for Initial Five Year Term $75,000.00
Lump Sum for First Five Year Renewal Term $90,000.00
Lump Sum for Second Five Year Renewal Term $108,000.00
Lump Sum for Third Year Term $130,000.00
Donation Received During the First Term $15,000.00
Total $418,000.00
T-Mobile has increased the proposed license agreement fee in the amount of $53,000.00. If at any time T-
Mobile is to conclude its Agreement with the City, then T-Mobile will be required to remove the tower and
all ancillary equipment.
T-Mobile has agreed to the terms outlined and City staff considers the proposed amendment to be fair and
reasonable.
The project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
C280 442010 XXXXXXXX $418,000.00
CERTIFICATIONS:
Submitted for City Manager's Office bk
Ori ig Hating Department Head:
Additional Information Contact:
ATTACHMENTS
1. Accounting Info.pdf (CFW Internal)
2. Aerial Sandy Lane Park.pdf (Public)
FROM Fund/Account/Centers
Charles W. Daniels (6183)
Richard Zavala (5704)
David Creek (5744)
Logname: 80SANDY LANE PARK PARK TELECOMMUNICATIONS TOWER REVISED Page 2 of 2
• ' • •
COUNCIL ACTION: ,Approued on 913012008
DATE: Tuesday, September 30, 2008
LOG NAME: 80SANDYPARK
REFERENCE NO.: L-14651
SUBJECT:
Authorize the Conversion of Approximately .0368 Acres of Parkland at Sandy Lane Park, Located at 2001
Sandy Lane Drive, for the Installation of a Stealth Telecommunications Tower with Support Facilities and �`�,��'
Authorize the Execution of a License Agreement with T-Mobile West Company in the Amount of � ' �\
$365,000.00 �� (� t
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exist for the location of the proposed Stealth
Telecommunications Tower for Sandy Lane Park;
3. Find that the proposed Stealth Telecommunications Tower with support facilities includes all reasonable
planning to minimize harm to the parkland, includes that the Tower will be constructed in Sandy Lane Park
as specified on the attached exhibits and noted in the discussion below;
4. Close the public hearing and authorize the City Manager to convert approximately .0368 acres of
dedicated parkland for a license agreement fora 90 to a 100 foot tall Stealth Telecommunications Tower;
and
5. Authorize the execution of a License Agreement with T-Mobile West Corporation in the amount of
$365, 000.00.
. Sandy Lane Park is located at 2001 Sandy Lane, Mapsco 80C and D, located north of Meadowbrook
Drive, east of Sandy Lane and south of Calmar Court in COUNCIL DISTRICT 5.
DISCUSSION:
The Parks and Community Services Department (PACSD) has been approached by T-Mobile West
Corporation (T-Mobile) to construct a Stealth Telecommunications Tower with a 16 feet x 20 feet screened
enclosure along with a 5 feet x 250 feet utility strip for electrical service. The Stealth Telecommunications
Tower is needed to fill a void in the current service area for T-Mobile.
An existing 70 feet athletic field lighting pole for Sandy Lane Park would be replaced with a 90 feet to a
100 feet steel mono -pole with the lighting reinstalled at the appropriate height. The antenna is to be
enclosed in the top 10 feet portion of the pole and is not visible (see attached). The 16 feet x 20 feet
enclosure at the bottom of the tower houses support facilities and would be screened and landscaped if so
desired.
Logname: 80SANDYPARK Page 1 of 2
In consideration of the agreement staff reviewed similar agreements with other cities throughout the
Metroplex which have similar installations of telecommunication facilities on parkland; including Dallas,
Arlington, Frisco, and other municipalities. Using those agreements as a guide, staff is recommending that
T-Mobile be assessed the following fees for this site:
City of Fort Worth $ 150000.00 Lump Sum for the Initial Ten Year Term
City of Fort Worth $ 90000.00 Lump Sum for the First Five Year Renewal Term
City of Fort Worth $ 110000.00 Lump Sum for the Second Five Year Renewal Term
City of Fort Worth $15,000.00 Donation Received During the First Term
Total for 20 Years $ 365000.00
This equates to approximately $57.03 per square foot per year or $1,140.63 per square foot for the 20
year term for this site.
On July 23, 2008, the PACSD Advisory Board endorsed staffs recommendation to the City Council to
authorize the conversion of parkland at Sandy Lane Park for the installation of a Stealth
Telecommunications Tower with support facilities. Should City Council approve the conversion a license
agreement with T-Mobile will be executed including the major terms outlined herein.
Signage was posted at the site noting the conversion and providing instructions for directing comments to
the Department. The Department also notified the adjoining Neighborhood Association in writing of the
requested conversion.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City under this agreement.
FUND CENTERS:
TO Fund/AccountlCenters FROM Fund/AccountlCenters
CXXX 4XXX)CX XXXXXXXX $365,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Charles Daniels (6183)
Richard Zavala (5704)
Harold Pitchford (5728)
ATTACHMENTS
1. Aerial Sandy Lane Park.pdf (Public)
2. layout plan.pdf (Public)
3. site exhibit existing conditions2.doc (Public)
4. Site exhiblit Post Construction View2.doc (Public)
Logname: 80SANDYPARK Page 2 of 2