HomeMy WebLinkAboutRes 2021-07-949 Tower Site License Agreement with Skybeam, LLCCITY OF ANNA, TEXAS
RESOLUTION NO. &091. 0 444
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A TOWER SITE LICENSE AGREEMENT BY AND
BETWEEN THE CITY OF ANNA AND SKYBEAM, LLC IN A FORM APPROVED BY
THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Skybeam, LLC currently has Infrastructure located on the West Crossing
water tower, and,
WHEREAS, the current license agreement for this lease expired in 2020 and Skybeam,
LLC has been operating under the expired agreement while re -negotiating with the City
of Anna, Texas; and,
WHEREAS, the City of -Anna is seeking to enter into a new license agreement with
Skybeam, LLC for a period of up to ten years; and,
WHEREAS, Skybeam, LLC has agreed to the terms and conditions of the license
agreement as set forth in Exhibit "A" attached; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are Incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Agreement.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
a Tower Site License Agreement by and between the City of Anna, Texas and Skybeam,
LLC.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this jLq+h
day of July 2021.
ATTEST:
City Secretary, Came Land
APPROVED
Mayor, Nate.Pike
Exhibit A
(follow(Ing pages)
TOWER SITE LICENSE AGREEMENT
THIS TOWER SITE LICENSE AGREEMENT (this "License") is entered Into between the City of Anna (the "City"),
a Texas municipal corporation, and Skybeam, LLC a Colorado limited liability company dba Rise Broadband
("Licensee"), with its principal business at 61 Inverness Dr. E, Suite 250, Englewood, CO 80112.
WHEREAS, Licensee and the City are sometimes collectively referenced in this Agreement as the "Parties",
or, each Individually, as "Party"; and
WHEREAS, the City owns a Tower Structure, as hereinafter defined, suitable for the placement of Antenna
Facilities, as hereinafter defined; and,
WHEREAS, Licensee seeks to provide high-speed internet services to citizens and businesses within and
near the City's corporate limits, and it is in the best Interests of the City to facilitate the provision of such services
upon the terms set forth in this License.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. Property
(a) The City is the titleholder or otherwise controls that certain real property located at 1111 County
Road 370, Anna,.Texas (hereinafter referenced as the "City's Property"), which is described on
the attached Exhibit A, incorporated herein by reference for all purposes. The parties agree
that the City's Property in Exhibit A is correctly described.
(b) The City hereby agrees to license to Licensee the limited use of a certain tower located at 1111
County Road 370, Anna, Texas (said tower hereinafter referenced as the "Tower Structure"),
subject to the terns of this License. The License allows the Licensee to place communications
devices and equipment (said devices and equipment herein referenced as "Communication
Equipment") at or within a close distance of the base of the Tower Structure and to mount
certain communication facilities (said communication facilities herein referenced as "Antenna
Facilities") onto the Tower Structure. The Communication Equipment must be stored within a
closed box (said box hereinafter referenced as "Equipment Enclosure"). The relative location
within the City's Property of the Equipment Enclosure and the Antenna Facilities as shall be as
depicted in the sketch attached as Exhibit B, incorporated herein by reference for all purposes.
During the Term, as defined hereinafter, the Licensee may run cables and wires under, over
and across the City s Property to connect Licensee's Antenna Facilities to its Communication
Equipment and shall have the right to access and maintain same in accordance with -this
License; provided, however, that the running of such cables and wires shall not unreasonably
interfere with the City's use of the City's Property. Licensee is also granted a non-exclusive
license for reasonable access to the City's Property when Installing, removing, replacing,
and/or servicing its Equipment Enclosure, Communication Equipment or Antenna Facilities.
2. Lim. The term of this License shall be ten years (the "Tenn"), commencing on the Commencement
Date of this License, subject to earlier termination as provided for under this License. This License
shall terminate at the end of the Term unless before -then the parties agree in writing ninety (90)
days before the end of the term to extend this License for an additional period of time.
3. Payments/Compensation.
(a) Licensee shall make monthly payments to the City on the 5th day of each month beginning
during the month that the Commencement Date occurs, which shall be ninety (90) days after
TOWER SITE LICENSE AGREEMENT Page 1 of 10
the Effective Date. Said payments shall be made to the City or to such other person, firm, or
place as the City may, from time to time, designate in writing at least 30 days in advance of
any payment date.
(b) Said monthly payments shall be in the amount of $2,000 with a 2 percent annual escalator after
the first year.
(c) As additional compensation for this License, Licensee shall during the Tenn of this License,.
and at the City's option, fumish—at no cost to the City —wireless intemet services to up to 3
locations at the City s discretion (City buildings, facilities and parks) at the widest bandwidth
and at the highest speed that Licensee offers or makes available to its commercial/business
customers, along with the highest capacity and highest performing hardware/equipment
(including but not limited to dishes/receivers, signal relaylboost equipment, modems, routers,
etc.).
(d) In the event of termination of this License for any reason(s) other than Licensee's nonpayment
of any amounts due in accordance with paragraphs (a) and (b), above, or Licensee's failure to
provide services to the City in accordance with paragraph (c), above, payments due shall be
calculated on a prorated basis as of the .date the Communication Equipment, Equipment
Enclosure, Antenna Facilities, associated cables/wires and any other property of Licensee are
fully removed from the City's Property and Licensee restores the City's Property to the condition
in which it existed as of the Commencement Date, excepting normal wear and tear and
restoration being required only to the extent that Licensee or Licensee's property or use thereof
caused any changes to the condition of the City's Property. In the event that payments are
calculated on a prorated basis as set forth in the preceding sentence, and the City Is in receipt
of prepaid amounts that exceed the prorated amount due, such excess amount shall be
refunded to Licensee. However, any prorated payment that would otherwise be refunded to
Licensee under this or any other provision of this License shall be subject to deductions of all
costs incurred by the City if Licensee fails to remove its equipment and restore the Citys
Property as described above within 60 days of notice of termination. The City shag provide any
prorated refund thereafter due within 90 days after notice of termination.
4. Use.
(a) Unless under a prior written agreement signed by the City and only to the extent permitted
thereunder while such agreement shall remain in effect, Licensee has no right to enter, access
or use the City's Property until the Commencement Date. Notwithstanding any other provision
of this License, Licensee agrees that the following priorities of use, in descending order, shall
apply in the event of communication Interference or other conflict .during the Tenn. and
Licensee's use and rights under this License shall be subordinated accordingly.
(1) The City.
Qi) Public safety agencies, including law enforcement, fire, and ambulance services that are
not part of the City.
(111) Govemment-regulated entities providing services to the general public for a fee, In a
manner similar to a public utility, such as long distance and cellular telephone service.
(b) Licensee's use of the City's Property shall Include and be limited to theinstallation, operation,
and maintenance of the Communication Equipment, Equipment Enclosure, Antenna Facilities
and associated cableslwlres necessary for the transmission .and reception of radio
communication signals and for the operation of related equipment in accordance with the
provisions of this License. Licensee shall at all times act and be in compliance with all federal,
state, and local laws and regulations. if for any reason Licensee's use fails to comply with any
TOWER SITE LICENSE AGREEMENT Page 2 of 10
federal, state or local law or regulation and Licensee fails to bring its use within compliance
within 30 days of written notice of such noncompliance, this License shall be terminated as
provided herein, unless sooner authorized by such applicable law. The City agrees to
reasonably cooperate with Licensee in obtaining, at Licensee's sole expense, all additional
licenses and permits required for Licensee's use of the City's Property.
5. Installation of Improvements. Access. Utilities.
(a) Licensee's installation of any equipment or personal propertyand construction of anystructures
or other improvements shall be done according to plans submitted by Licensee and approved
by the City, and no equipment or property shall be subsequently relocated without the City's
approval. During the term of this License, Licensee shall have the nonexclusive right to use the
Cttys Property for the purpose of transmitting and receiving radio communication signals. The
City specifically reserves the right to allow the City's Property to be used by other parties of the
type and for the purposes generally described in this License, and to make additions, deletions
or modifications to the Tower Structure on the City's Property.
(b) Subject to Paragraph 4(a), both parties each agree not to: (1) use, or permit their employees,
invitees, licensees, or agents to use, any portion of the City's Property in a way that materially
interferes with the operations of the other party; or (2) install or operate, or allow others to install
or operate, equipment on the City's Property that will cause interference with the other party's
equipment Subject to Paragraph 4(a), if any such equipment on the City's Property causes
Interference to Licensee's Equipment, Licensee shall notify the City and the City shall eliminate,
or cause to be eliminated, such Interference as soon as practicable after Licensee's notification.
Licensee shall cooperate with the City to identify the source of such Interference and aid in Its
timely elimination. Subject to Paragraph 4(a), if the City is unable to eliminate any such
interference within three business days, such interference shall be considered a default under
this Agreement.
(c) Licensee may request to add, upgrade or replace Communication Equipment, Equipment
Enclosure and/or Antenna Facilities from time to time. For any equipment necessary for
replacement and/or upgrade that is similar to size and loading of the existing equipment the
City Manager will only require advance notice that is at least five (5) days prior to installation.
If additional equipment or changes are required, Licensee shall submit to the City a structural
study as may be reasonably requested for the City's evaluation of proposed additions or
upgrades. All costs for required structural studies will be paid by Licensee within 30 days of
receipt of a detailed invoice. The City reserves the right to: (1) require renegotiation as to the
amount of the required payments setforth in Paragraph 3(b) if in the City's judgment Licensee's
proposed additions and/or upgrades of the Antenna Facilities and/or Communication
Equipment justify an Increase; and (2) deny such additions and/or upgrades if such
renegotiations do not result in a mutually agreeable amendment to this License.
(d) Licensee shall have the right, at its sole cost and expense, to install, operate and maintain on
the licensed portions of the City's Property the Communication Equipment, Equipment
Enclosure, Antenna Facilities, and any other of Licensee's Improvements and personal
property as described in Exhibit B and approved by the City. All such improvements shall be
constructed in accordance with the City's specifications and according to a site plan approved
by the City. The Communication Equipment, Equipment Enclosure, Antenna Facilities, and any
other of Licensee's Improvements and personal property, shall remain the exclusive property
of Licensee, subject to Paragraph 8(g) of this License. No equipment shall be stored on the
City's Property outside of the Equipment Enclosure, and all appropriate permits must be
obtained prior to construction and use of the Equipment Enclosure.
TOWER SITE LICENSE AGREEMENT Page 3 of 10
(a) Licensee, at all times during this License, shall have access to the licensed portions of the
City's Property and the Equipment Enclosure in order to install, operate and maintain its
Antenna Facilities. Licensee shall have access to the Tower Structure only with the approval
of the City and in the presence of an employee of the City. Licensee shall request access to
the Tower Structure at least 24 hours in advance and the City's approval thereof shall not be
unreasonably withheld or delayed. If Licensee requests access to the City's Property or Tower
Structure outside normal City business hours, Licensee shall be responsible for payment of all
costs, including but not limited to salary/overtime costs, incurred by the City as a result of
providing the requested access to the Licensee. Full reimbursement shall be provided to the
City within thirty days of receipt of the City's written request for reimbursement
(f) The City shall allow for access to electricity associated with Licensee's use of the City's
Properly. All utilities will be buried unless otherwise approved by the City in writing.
(g) Licensee shall have sole responsibility for the maintenance, repair, and security of its
Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of
Licensee's improvements and, personal property, and shall.keep the same in good repair and
in safe condition at all times. Any unforeseen or additional costs for servicing or maintaining
the Tower Structure that are due to the presence of or the installation of the Communication
Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's
Improvements and personal property, will be the responsibility of Licensee.
(h) Licensee will adhere to all applicable OSHA safety requirements.
(1) Licensee shall place no advertising on the site or on any structure on the site.
Q) All of Licensee's equipment and operations will comply with any applicable nolse and nuisance
ordinances of the City.
6. Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required
under this License.
7. Licensee Defaults.
(a) Not by way of limitation, the parties hereto understand and agree that the occurrence of any
one or more of the following events shall constitute an 'Event .of Default" hereunder by
Licensee:
(1) The failure by Licensee to make any payment of rent or any other payment required to
be made by Licensee hereunder, as and when due, where such failure shall continue
for a period of 20 days after written notice thereof is received by the Licensee from the
City:
01) The failure by Licensee to observe or perform any of the covenants or provisions of
this License to be observed or performed by the Licensee, where such failure shall
continue for a period of 20 days after written notice thereof is received by the Licensee
from the City.
(b) If there occurs an Event of Default by Licensee, in addition to any other remedies available to
the City at law or in equity, the City shall have the option to terminate this License and all rights
of Licensee hereunder. No waiver of any rights under this License shall occur unless the waiver
Is set forth in a duly authorized written document property adopted and signed by the party
TOWER SITE LICENSE AGREEMENT Page 4 of 10
granting the waiver and delivered to the other party. Any waiver of any right under this License
shall not be deemed a waiver of any other rights under this License.
8. Termination and Suspension.
(a) This License may be terminated as follows:
(I) By either party, upon a default of any covenant or tern hereof by the other party, which
default is not cured within 30days of receipt of written notice of default to the other
party;
(ii) By Licensee, if it is unable through no fault of its own to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation
of the Antenna Facilities or Licensee business, after pursuing such license, permit, or
other approval with due diligence;
(Ili) By the City, if it determines In its sole discretion and for any reason, that the Tower
Structure is structurally unsound for its intended use, including but not limited to
consideration of age of the structure, damage or destruction of all or part of the Tower
Structure or the City's Property from any source, or factors relating to condition of the
City's Property;
(iv) By the City, if It determines that the Antenna Facilities unreasonably interfere with
another user with a higher priority as set forth in Paragraph 4(a) or Paragraph 5(b) if
Licensee cannot correct the interference within 30 days;
(v) By Licensee, If it determines that the City is unreasonably Interfering with Licensee's
Antenna Facilities as set forth in Paragraph 5(b) If the City cannot correct the
Interference within 30 days;
(vi) By the City, if Licensee's use of the City's Property is or becomes illegal under any
federal, state or local law, rule or regulation; or
(vii) By Licensee, by providing written notice of such termination to the City and paying a
termination fee equal to three (3) monthly payments in addition to all other sums then
due to the City under this Agreement.
(b) This License shall be considered suspended temporarily if: (1) the City determines that
maintenance or repairs must be performed to the City's Property or to the Tower Structure; (2)
such maintenance or repairs. require removal of all or a part of the Communication Equipment,
Equipment Enclosure, Antenna Facilities, any other associated cablesMdres, or any other
property of Licensee (collectively, "Licensee's Property!'); and (3) such removal results in
Licensee's inability, through no fault on its part, to broadcast its transmissions as intended.
Whenever practicable, the City shall provide Licensee with written notice specifying the part or
parts of the Licensee's Property that must be removed and an estimated duration of time before
reinstallation will be permitted. Licensee shall complete such removal promptly, but in no event
later than the 30U day after such written notice. If Licensee does not timely remove the parts
of Licensee's Property specified for removal, then the City may facilitate the removal of same
by any means and Licensee must in that event reimburse the City for any removal expenses.
The City shall have no obligation to replace or reinstall any of Licensee's Property that has
been removed. Licensee's removal and any subsequent reinstallation of any of Licensee's
Property shall be at Licensee's own expense. Further, the City shall at no time be responsible
TOWER SITE LICENSE AGREEMENT Page 5 of 10
for any damage to Licensee's Property related, directly or indirectly, to any removal or
reinstallation of Licensee's Property or any part thereof.
(a) In the event of an emergency concerning public health and safety, the City may facilitate
removal of Licensee's Property at any time and by any means the City determines to be
necessary to avoid or defend against potential death, injury, or damage to properly. This may
include without limitation requiring Licensee to remove same without notice or with very short
notice, depending on the circumstances. For the time period that Licensee is, through no fault
on its part, unable to broadcast its transmissions as intended due to such removal, the License
shall be considered to be suspended.
(d) As it relates to removal of Licensee's Property during any period of suspension under this
License, the City shall as soon as practicable provide to Licensee in writing a reinstallation date
upon which the Licensee shall be allowed to reinstall any of Licensee's Property. Any
suspension described in this License shall be considered to be concluded on the tenth day
after the designated reinstallation date whether or not the Licensee's Property has been
reinstalled and whether or not the Licensee has resumed transmissions from the Tower
Structure. After a suspension period is concluded, the City, upon request by the Licensee, shall
refund a prorated amount of any fees already paid to the City. Such repayment amount shall
represent and be in the sum of the fees that Licensee would otherwise have been obligated to
pay during the suspension period were it not for the suspension. A suspension of this License
shall not toll or otherwise alter the Tenn of this License.
(a) Should it at any time be determined by the City that the Tower Structure must be removed or
modifled—or that the City's Property must be configured or otherwise used —in a way that
precludes Licensee's use thereof, then this License may be terminated by the City by providing
90tlays written notice. This termination remedy Is in addition to and cumulative of any other
termination provision in this License. In the event that the City provides such notice, then
Licensee must remove —no. later than the 90th day after such written notice —Licensee's
Property from the Tower Structure and from the City s Property. If Licensee fails to timely
remove any part of Licensee's Property, then the City may facilitate the removal of same by
any means and Licensee must in that event reimburse the City for any removal expenses.
Further, the City shall at no time be responsible for any damage to Licensee's Property.
(f) The City shall not in any manner be liable for any expense or damages whatsoever, including
without limitation consequential damages, loss of use, loss of profits, or any other costs, claims
or expenses arising out of, related (directly or indirectly) to or in connection with: (1) the
removal of any of Licensee's Property in accordance with this License: or (2) the City
suspension or termination of this License in accordance with the provisions of this License,
which shall not be considered a breach of this License.
(g) Upon termination of this License for any reason, Licensee shall remove any remaining part of
Licensee's Property from the Tower Structure and the City's Property within. 60 days after the
date of termination, and shall restore the City's Property to the condition it was in on the
Commencement Date of the term of this License ordinary wear and tear excepted, all at
Licensee's sole cost and expense. Any such.properly which is not removed by end of said 60-
day period shall become the property of the City.
9. Insurance.
(a) Licensee shall provide Comprehensive General Liability Insurance coverage, including
premisestoperations coverage, independent contractor's liability, completed operations
coverage, contractual liability coverage, and the City will be held harmless for acts of outside
TOWER SITE LICENSE AGREEMENT Page 6 of 10
vendors in a combined single limit of not less than $1,000.000 per occurrence, and $4,000,000
aggregate, and name the City as an additional Insured on such policy or policies. Licensee may
satisfy this requirement by an endorsement to its underlying insurance or umbrella liability
policy.
(b) Neither party shall be liable to the other (or to the other's successors or assigns) for any loss
or damage caused by fire or any of the risks enumerated in a standard 'All Risk' insurance
policy, and, In the event of such insured loss, neither party's Insurance company shall have a
subrogated claim against the other.
(a) Licensee shall provide to the City, prior to the Commencement Date of this License, evidence
of the required insurance in the form of a certificate of insurance Issued by an Insurance
company licensed to do business in the State of Texas, which includes all coverage required
above. Said certificate shall also provide that the coverage may not be cancelled, expired, or
materially changed without 30 days prior written notice to the City.
10. Adverse Medical Effect In the event that it is established that Licensee's operation of the wireless
facility is determined to be medically related to a health problem, the City must notify Licensee of
the related Issues. In the event that Licensee causes, permits or allows such activities determined
to be medically related to a health problem to continue, the City shall have the right to immediately
terminate this License if Licensee falls to discontinue or remedy the operation within 30 days of
written notice of any such relationship.
11. Damace or Destruction of Property. If the City's Property, Tower Structure, or Antenna Facilities
are destroyed ordamaged'so as, in Licensee's judgment to render the site unusable as Antenna
Facilities, Licensee may elect to terminate this License upon 30 days written notice to the City. In
the event Licensee elects to terminate the License, Licensee shall be entitled to reimbursement of
any prepaid rent prorated prior to the date of termination.
12. INDEMNIFICATION. EXCEPT FOR THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF
THE CITY'S AGENTS OR EMPLOYEES, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS; EMPLOYEES,
AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS,
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION, INCLUDING
WITHOUT LIMITATION REASONABLE ATTORNEY FEES AND OTHER RELATED COSTS
AND EXPENSES OF LITIGATION INCLUDING WITHOUT LIMITATION EXPERT WITNESS
FEES AND RELATED EXPENSES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY
THE CITY OR FOR WHICH THE CITY MAY BE HELD LIABLE, WHICH ARISE FROM THE
NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER FAULT OF LICENSEE OR ITS
EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS LICENSE
OR FROM THE INSTALLATION, OPERATION, USE, MAINTENANCE, REPAIR, REMOVAL, OR
PRESENCE OF LICENSEE'S ANTENNA FACILITIES, INCLUDING BUT NOT LIMITED TO
ELECTRICAL INTERFERENCE OR HEALTH PROBLEMS CAUSED BY LICENSEE'S
TRANSMISSION OPERATIONS, AND SPECIFICALLY INCLUDING THE REPRESENTATIONS
AND WARRANTIES OF PARAGRAPH 14(B) OF THIS LICENSE, AND SHALL FURTHER
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ITS COSTS AND EXPENSES,
INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, INCURRED IN ANY ATTEMPT TO
ENFORCE THIS INDEMNITY PROVISION. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY,
DEFEND AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT.
TOWER SITE LICENSE AGREEMENT Page 7 of 10
13. Notices. All notices, requests, demands, and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, postage prepaid, certified mail, return
receipt requested to the following addresses:
If to the City, to:
City Manager
City of Anna
P.O. Box 776
Anna, TX 76409
If the Licensee, to:
Skybeam, LLC dba Rise Broadband
60 Inverness Dr. E., Suite 250
Englewood, CO 80112
Attn: Contract Administrator
14. Representations and Warranties.
a) The City warrants that (1) It has full right, power, and authority to execute this License; and (2)
to the best of Its knowledge, it has good and unencumbered title to the City's Property free and
clear of any liens or mortgages, except as may be disclosed by review of title, or has a right of
control over same for the full duration of the Term.
b) Licensee represents and warrants that its storage and use of any substance or material on the
City's Property will comply with applicable federal, state or local law or regulation and that it will
store and use said substance or material on the City's Property only if necessary for Its
transmission operations, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST,
DAMAGE, AND EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY FEES AND RELATED COST AND EXPENSES OF LITIGATION INCLUDING
WITHOUT LIMITATION EXPERT WITNESS FEES AND RELATED EXPENSES, RELATING
TO, ARISING FROM OR DUE TO THE STORAGE OR DISCOVERY OF ANY OF THE
ABOVE REFERENCED MATERIALS THAT ARE PART OF LICENSEE'S
COMMUNICATION EQUIPMENT, EQUIPMENT ENCLOSURE, ANTENNA FACILITIES,
AND ANY OTHER OF LICENSEE'S IMPROVEMENTS AND PERSONAL PROPERTY, OR
ANY COMPONENT PARTS OR BY-PRODUCTS THEREOF IN VIOLATION OF
APPLICABLE LAW. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY, DEFEND, AND
HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT.
15. Assianment. This License may not be sold, assigned, or transferred by Licensee without the written
consent of the City, such consent not to be unreasonably withheld.
16. Third Parties. This License is granted strictly to the Licensee and its provisions are not Intended in
any manner to benefit any third party.
17. Miscellaneous.
(a) This License constitutes the entire agreement and understanding of the partles relating to
the subject matter of this License, and supersedes all offers, negotiations, and other
agreements of any kind. There are no representations or understandings of any kind not
TOWER SITE LICENSE AGREEMENT Page 8
set forth herein. Any modification of or amendment to this License must be in writing and
executed by both parties.
(b) The parties understand and agree that this is a License for use of the City s Property and
Tower Structure and Is not a contract for goods or services as defined under Texas Local
Government Code § 271.151.
(c) This License shall be construed in accordance with the laws of the State of Texas.
Exclusive jurisdiction over and venue for any cognizable claim related directly or indirectly
to this License shall lie in Collin County, Texas.
(d) If any tens of this License is found to be void or invalid, such invalidity shall not affect the
remaining terms of this License, which shall continue in full force and effect.
(a) Licensee waives all rights and remedies under law and equity to bring a claim or cause of
action against the City that arises out of, relates (directly or indirectly) to, or is in connection
with this License, including but not limited to any claim or cause of action available under
the Uniform Declaratory Judgment Act CUDJA') , except that Licensee reserves the right
to seek specific performance of the City's duties under this License other than
by a claim brought under the UDJA.
(f) This License is subject to all zoning approvals and building permits.
(g) This License represents the entire and integrated agreement and all
understandings between the parties and supersedes and renders void all prior
negotiations, representations and/or agreements between the parties, eitherwritten or oral.
(h) The Effective Date of this Agreement is the date that the last of the Parties' signatures to
this Agreement is fully and properly affixed to this Agreement and acknowledged by a
public notary.
TOWER SITE LICENSE AGREEMENT Page 9 of 10
DULY AUTHORIZED SIGNATURES:
CITY
, City oyAnna, Texas
STATE OF TEXAS }
COUNTY OF COLLIN }
This instrxment was acknowledged before me on the&j!�day of (" _ 20s2L, by
j; 1 ifaCG City Manager, City of Anna, Texas. j0
�iLJ.� (L • V IQ/Y !fit -'P, •8`- CABBIE L. LAND
,i. My Notary ID k 11419404
Notary Public, State of Texas dro; ;: ' Expires February4, 2023
Skybeam, LLCC, a Colorado limited liability company
�,s IQr-tAs�ai ►
STATEOFF. O� S �
COUNTY OF ct
This instrument was acknowledged before me on the day of� ��C r , 20 J-i by hark
Meisner, in his/her capacity as Chief Financial Officer and manager ofof kybS eam, LLC, a Colorado limited
liability company and on behalf of said entity and, upon oath, Mark Meisner swore that he is legally
authorized to sign for and bind said entity.
SAVANNAH PEDERSEN
Notary Public
State of Colorado
Notary ID M 20214023484
Notary Public, State of Colorado M Commission Expires 06-1 e•zozs
TOWER SITE LICENSE AGREEMENT Page 10 of 10
Exhibit A
997
649 55
296
s.
so so smw
�7288 2. F, 71
9/112015
Collin CAD - Property Search
Property Search
Property ID: 2112108 -Tax Year: 2016
General Information
Property ID
Property Status
Geographic ID
Property Type
Property Address
Total Land Area
Total Improvement Main Area
Abstract/Subdivision
Primary State Code
Legal Description
2112108
Active
R-6649-000-0040-1
Real
1111 County Road 370 E
Anna,TX 75409
2.4600 acres
n/a
Martin Moore Survey
F 1 (Govt Owned City)
Abs A0649 Martin Moore Survey,
Tract 4, 2.46 Arras; Exempt As OF
7114/00
Certain Information in appraisal records not available. Click here
for more information...
Owner Information
Owner ID 13792
Owner Name(s)
Anna City Of
Exemptions EX-XV (Other Exemptions (Including Public,
Religious, Charitable, And Other Propertyy
Not Reported E
Percent Ownership 100.00%
Mailing Address Po Box 776
Anna, TX 75409-0776
2016 Value
Information
New restrictions passed by
the 841h Legislature block the
Value
display of certain exemption
information
information. Click here for
for Property
more information...
ID 2112108
in the 2016
tax year Is
unavailable.
Value
tt4xlAvww.edlincad.mg/propertysearch7prop_id=21121088situs_ street _sufflx=8isd%5B%5D=any8dty%SB%5D=my&prop type *5B%5D=RSprop_type%5...
113
9/1/2015
Collin CAD - Property Search
information
for prior
ears may
e available
in the Value
History section below.
Entities
Taxing Entity
Tax Rate
Collected By
CAN (Anna City)
0.649000 (2014 Rate)
Collin County Tax Office
GCN (Collin County)
0.235000 (2014 Rate)
Collin County Tax Office
JCN (Collin College)
0.081960 (2014 Rote)
Collin County Tax Office
SAN (Anna ISD)
1.540000 (2014 Rate)
Collin County Tax Office
Improvements
Land Segments
Improvement #1
Commercial
Land Segment #1
Undeveloped
State Code
F1 (Govt Owned City)
State Code
Fl (Govt Owned City)
Homesite
No
Homesite
No
Market Value
Market Value
Total Main Area
n/a
Ag Use Value
n/a
Detail # Type
Year Built Sq. Ft.
Land Size
2.4600 acres
107.158 sq. ft.
1 STG - Storage
2000 200.000
Improvement #2
State Code
Homesite
Market Value
Total Main Area
Detail # Type
1 STG - Storage
Value History
Year
2015
2014
2013
2012
2011
Commercial
F1 (Govt Owned City)
No
n/a
Year Built Sq. Ft.
2000 338,000
Improvement
Land
Market
Ag Loss
Appraised
HS Cap Loss
Assessed
S1,420,320
$44,280
$1,464,600
$0
$1,464,600
s0
$1,464,600
So
S44,280
S44,280
$0
S44,280
s0
S44,280
SO
$44.280
$44,280
$0
S44.280
so
S44,280
s0
$44.280
S44,280
$0
S44,280
so
S44.280
so
S44,280
S44,280
$0
S44,280
So
S44,280
Deed History
haW./Mry .cdlincad.agfpropertysr ch?prop id=2112108&situs street_suffx=&isd°k5B%5D=any&city%5B%5D=any8prop_type%58°/5D=R&prop_typo%5... 213
M)"101
Collin CAD - Property Search
Deed Date Seller Buyer Instr 9 VolumelPage
07/14/2000 HENDRICKS JON ANNA CITY OF 20001109001237290 4792/2386
SB 541- Amends Section 25.027 of the Property Tax Code, effective September 1, 2005
Information in appraisal records may not be posted on the Internet if the information is a photograph, sketch, or floor plan of an
improvement to real property that is designed primarily for use as a human residence. This section does not apply to an aerial photograph
that depicts five or more separately owned bui dings.
HB 394 - Amends Section 25.027 of the Property Tax Code, effective September 1, 2015
RESTRICTION ON POSTING AGE RELATED INFORMATION ON INTERNETWEBSITE:
Information in appraisal records may not be Posted on the Internet if the information indicates the age of a property owner, including
information indicating that a properly owner Is 65 years of age or older.
http:tAv .cdlimad.orglpropertyseareh7prop_id=21121068situs_street_sLiffix=8isd%5B%5D=anyBcity°/58°!SD=anyBprop_type%513%=R8prop_typeNoS... 3/3
Exhibit B
Anna South Tower
View of Tower from South gate
(facing North)
t—SaWl-fadrg eedarardemm
2—Nmlh Eaetdadag cedar mdmma
e-SoWfledmpaWW mma
4—VVaddadng pmmi wdemw
e-Oldamn Box