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HomeMy WebLinkAboutRes 2015-09-01 TierOne License Agreement.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2015-09-01 (TierOne License Agreement) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A TOWER SITE LICENSE AGREEMENT WITH TIERONE CONVERGED NETWORKS, INC. WHEREAS, the City Council of the City of Anna, Texas (the Council) and TierOne Converged Networks, Inc. (Licensee) desire to enter into a Tower Site License Agreement (the Agreement); and, WHEREAS, The City of Anna (the City) and the Licensee currently have a contract that expires in October 2015; and, WHEREAS, The Council finds that approval of the Agreement is in the best interest of the citizens of Anna, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization. The Council hereby approves the Agreement attached hereto as EXHIBIT 1, and authorizes, ratifies, and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 8th day of September, 2015. ATTESTED: ` �Ff City Secretary Carr' L. Smith !Mike 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 TierOne Converged Networks ("Licensee"), with its principal business at 4925 Greenville Ave. Ste, 200, Dallas, TX 75206, 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: (a) The City is the titleholder or otherwise controls that certain real property located at 1111 CR 370 E, 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 3300 N Powell Parkway, Anna, Texas (said tower hereinafter referenced as the "Tower Structure"), subject to the terms of this License. The License allows the Licensee to place communications devices and equipment (said devices and equipment here 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. Term. The term of this License shall be four years (the "Term"), 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 to extend this License for an additional period of time. 3. Payments/Compensation. TOWER SITE LICENSE AGREEMENT Page 1 of 9 (a) Licensee shall make monthly payments to the City on the same day of the month as the Commencement Date, which shall be ninety (90) days after the Effective Date. Starting on the Commencement Date, said payments shall be made each month, in advance, 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 $800 during the first and second years of the license, and $1,000 during the third and fourth years of the license. (c) As additional compensation for this license, Licensee shall during the Term of this License, and at the City's option, furnish at no cost to the City—wireless Internet 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 relay/boost equipment, modems, 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 cable"res 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 City's Property as described above within 60 days of notice of termination. The City shall provide any prorated refund thereafter due within 90 days after notice of termination. 4. U�9. (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. On the Commencement Date and thereafter, Licensee agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict during the Term, and Licensee's use and rights under this License shall be subordinated accordingly. (i) The City. (ii) Public safety agencies, including law enforcement fire, and ambulance services that are not part of the City. (iii) Government -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 the installation, operation, and maintenance of the Communication Equipment, Equipment Enclosure, Antenna Facilities and associated cable"res necessary for the transmission and reception of radio communication signals and for the operation of related equipment in accordance with the TOWER SITE LICENSE AGREEMENT Page 2 of 9 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 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 property and construction of any structures 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 City's 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) Licensee may request to add, upgrade or replace Communication Equipment, Equipment Enclosure and/or Antenna Facilities from time to time. If so requested, 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 set forth in Paragraph 3(b) if in the City's judgment Licensee's proposed additions and/or upgrades of the Antenna Facilities andfor 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. (c) 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 iia 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(c) 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. (d) 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 business days of receipt of the City's written request for reimbursement. TOWER SITE LICENSE AGREEMENT page 3 of 9 (e) The City shall allow for access to electricity associated with Licensee's use of the City's Property. All utilities will be buried unless otherwise approved by the City in writing. (f) 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 some 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. (g) Licensee will adhere to all applicable OSHA safety requirements. (h) Licensee shall place no advertising on the site or on any structure on the site. (i) All of Licensee's equipment and operations will comply with any applicable noise and nuisance ordinances of the City. 6. Reasonable Aaarovai. 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: (i) 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. (ii) 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 properly adopted and signed by the party 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 term hereof by the other party, which default is not cured within 30 days of receipt of written notice of default to the other party; TOWER SITE LICENSE AGREEMENT Page 4 of 9 (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; (iii) 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) if Licensee cannot correct the interference within 30 days; (v) 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 (vi) By Licensee, if within 30 days before the second anniversary of the Commencement Date of this License Agreement, Licensee provides written notice of such termination to the City. (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 cablesWres, 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 30*' 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 for any damage to Licensee's Property related, directly or indirectly, to any removal or reinstallation of Licensee's Property or any part thereof. (c) 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 property. 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 TOWER SITE LICENSE AGREEMENT Page 5 of 9 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 Term of this License. (e) Should it at any time be determined by the City that the Tower Structure must be removed or modified—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 30 -days 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 30th 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 'lower 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 property 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 premises/operations coverage, independent contractor's liability, completed operations coverage, contractual liability coverage, and the City will be held harmless for acts of outside 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. (c) Licensee shall provide to the City, prior to the Commencement pate 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 TOWER SITE LICENSE AGREEMENT Page 6 of 9 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 fails to discontinue or remedy the operation within 30 days of written notice of any such relationship. 11. Damage or Destruction of Prooefty. If the City's Property, Tower Structure, or Antenna Facilities are destroyed or damaged so as, in Licensee's judgment to render the site unusable as Antenna Facilities, Licensee may elect to terminate this License upon 60 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 REASONABLE ATTORNEY FEES AND OTHER RELATED COSTS AND EXPENSES OF LITIGATION, 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. 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 75409 If the Licensee, to: TierOne Converged Networks Attn.: Kim Marshall 4925 Greenville Ave., Suite 200 Dallas, TX 75206 TOWER SITE LICENSE AGREEMENT Page 7 of 9 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 REASONABLE ATTORNEY FEES 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 SHALT. SURVIVE THE TERM OF THIS AGREEMENT. 15, Assignment. 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 parties 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 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 term 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. (e) 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 TOWER SITE LICENSE AGREEMENT Page 8 of 9 available under the Uniform Declaratory Judgment Act ("UDJA") , 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, either written 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. SIGNA Philip Sarders \ - � City Manager/Cit,�r of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN ) This instrument was acknowledged before me on theIq day of ' F,L, by Philip Sanders, City Manager, City of Anna, Texas. 'JF roe ^R` CARRIE L. sMIfN l ` Notary Public, State of Texas Notary Public, State of Texas My Commission Expires January 21, 2019 KI Marshall, CTO THE STATE OFT S } COUNTY OF LA } This instrument was acknowledged before me on the 2� day of !;�'J, 18t9; Kim Marshall My hien Wong .e.ry pwdlc. sate or't'a�rcr•. l,gsir�l Z-7 3-ZQ17 TOWER SITE LICENSE AGREEMENT Page 9 of 9 B a -J X W dLO U)i c r .n XG 9 C" ti O z I co co CF) N d' n c Z s n rn o � ?� N a k Y 9/1/2015 Collin CAD - Property Search Property Search Property ID: 2112108 - Tax Year: 2016 General Information Property ID 2112108 Property Status Active Geographic ID R-6649-000-0040-1 Property Type Real Property Address 1111 County Road 370 E information. Cl!ukhere f -or Anna, TX 75409 Total Land Area 2,4600 acres Total Improvement Main Area n/a Abstract/Subdivision Marfin Mome Sul-vey Primary State Code F1 (Govt Owned City) Legal Description Abs A0649 Martin Moore Survey, Tract 4, 2.46 Acres; Exempt As Of 7/14/00 Certain Information in appraisal records not available. hers noore Owner Information Owner ID 13792 Owner Name(s) Anna C'tv U Exemptions EX -XV (Other Exemptions (Including Public, Religious, Charitable, And Other ropert Not Reported � Percent Ownership 100.00% Mailing Address Po Box 776 Anna, TX 75409-0776 http://www.collincad.orgtpropertysearch?prop_id=2112108&situs—street —suffix=&isd%5B%5D=any&city%5B%5D=any&prop_type%5B%5D=R&prop_type%5... 1/3 2016 Value Information New restrictions passed by the 840 Legislature block the Value display of certain exemption information information. Cl!ukhere f -or for Property ID 21U108 in the 2016 tax year is unavailable. Value http://www.collincad.orgtpropertysearch?prop_id=2112108&situs—street —suffix=&isd%5B%5D=any&city%5B%5D=any&prop_type%5B%5D=R&prop_type%5... 1/3 9/1/2015 Collin CAD - Property Search information for prior years may be available in the'vlalue li.-ory section below. Taxing Entity Tax Rate CAN (Anna City) 0.649000 (2014 Rate) GCN (Collin County) 0.235000 (2014 Rate) JCN (Collin College) 0.081960 (2014 Rate) SAN (Anna ISD) 1.540000 (2014 Rate) Improvement #1 Commercial State Code F1 (Govt Owned City) Homesite No Market Value Total Main Area n/a Detail # Type Year Built Sq. Ft. 1 STG - Storage 2000 200,000 Improvement #2 Commercial State Code F1 (Govt Owned City) Homesite No Market Value Total Main Area n/a Detail # Type Year built Sq. Ft 1 STG - Storage 2000 338,000 Collected By 044 COUilbv Tax Offlco E.,,frtr; C . <v :rix 42ifi(;e 01141 COWIM/ Tax office Ce!li , CO r" , ax Office ce Land Segment #1 Undeveloped State Code F1 (Govt Owned City) Homesite No Market Value Assessed Ag Use Value n/a Land Size 2.4600 acres $0 107,158 sq. ft. Year Improvement Land Market Ag Loss Appraised LIS Cap Loss Assessed 2€215 $1,420,320 $44,280 $1,464,600 $0 $1,464,600 $0 $1,464,600 am `"", Z. u $0 $44,280 $44,280 $0 $44,280 $0 $44,280 2013 $0 $44,280 $44,280 $0 $44,280 $0 $44,280 2012 $0 $44,280 $44,280 $0 $44,280 $0 $44,280 2041 $0 $44,280 $44,280 $0 $44,280 $0 $44,280 Deed History http://www.collincad.orgipropertysearch?prop id=2112108&situs street suffix=&isd%5B%5D=any&city%5B%5D=any&prop type%5B%5D=R&prop type%5... 2/3 9/1/2015 Collin CAD - Property Search Deed Date Seller Buyer Instr t/ 07/14/2000 HENDRICKS JON ANNA CITY OF 20001109001237290 SB 541 ® Amends Section 25.027 of the Property Tax Code, effective September 1, 200 RESTRICTION ON POSTING DETAILED IMPROVEMENT INFORMATION ON INTERNET WEBSITE: Volufnelf'age 4792/2386 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 buildings. HB 394 ® Amends Section 25.027 of the Property Tax Code, effective September 1, 2015 RESTRICTION ON POSTING AGE RELATED INFORMATION ON INTERNET WEBSITE: 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 property owner is 65 years of age or older. http://www.collincad.org/propertysearch?prop_id=2112108&situs street suffix=&isd%5B%5D=any&city%5B%5D=any&prop type%5B%5D=R&prop type%5... 36 :K4mH CU CU Lq C\j Lij 70 CU CU CU Lq C\j Lij