HomeMy WebLinkAboutRes 2016-11-250 Broadband License Agreement AmendedCITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AMENDMENT TO
THE TOWER SITE LICENSE AGREEMENT WITH AIRCANOPY INTERNET SERVICES,
INC., A TEXAS CORPORATION D/B/A RISE BROADBAND FOR 3300 N. POWELL
PARKWAY, ANNA, TEXAS.
WHEREAS; The City has previously negotiated and approved a Tower Site License
Agreement with AirCanopy Internet Services, Inc., A Texas corporation d/b/a Rise Broadband
(Licensee) for the water tower at 3300 N. Powell Parkway, Anna, Texas attached hereto as
Exhibit A; and,
WHEREAS; staff recommends approving an Amendment to the existing Tower Site License
Agreement that would allow Licensee to install certain additional equipment attached hereto
as Exhibit B; and,
WHEREAS; the Amendment includes additional compensation from Licensee to the City in
the amount of $1, 150 per month said amount increasing to $2, 150 during the third and fourth
years of the agreement.
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.
The City Council hereby approves the Amendment attached hereto as Exhibit B, 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 Amendment to the Tower Site License Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 81h day of
November 2016.
ATTEST:
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City Secretary Carfie L. Smith ···
RESOLUTION: Amendment To Tower Site License Agreement PAGE 1OF1 11/8/16
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 AirCanopy Internet Services, Inc., a Texas corporation d/b/a 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 3300 N
Powell Parkway, 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.
(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
TOWER SITE LICENSE AGREEMENT Page 1of9
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 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 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. 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. 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 cables/wires 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
federal, state or local law or regulation and Licensee fails to bring its use within compliance
TOWER SITE LICENSE AGREEMENT Page 2 of 9
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
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.
(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 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(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, except in the case of emergency, 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.
( 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.
TOWER SITE LICENSE AGREEMENT Page 3of9
(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 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.
(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 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:
(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;
(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;
TOWER SITE LICENSE AGREEMENT Page 4 of9
(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 cables/wires, 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 3Q1h 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
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
TOWER SITE LICENSE AGREEMENT Page 5 of9
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 301h 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
Licen.see'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 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 ofnot 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 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
TOWER SITE LICENSE AGREEMENT Page 6of9
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 Property. 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 HEAL TH PROBLEMS CAUSED BY LICENSEE'S TRANSMISSION
OPERATIONS, AND SPECIFICALLY INCLUDING THE REPRESENTATIONS AND
WARRANTIES OF PARAGRAPH 14(8) OF THIS LICENSE, AND SHALL FURTHER
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ITS COSTS ANO 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. Box776
Anna, TX 75409
If the Licensee, to:
AirCanopy Internet Services, Inc. d/b/a Rise Broadband
Attn.: Contract Administration
61 Inverness Dr. E, Suite 250
Englewood, CO 80112
14. Representations and Warranties.
TOWER SITE LICENSE AGREEMENT Page 7of9
, 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
SHALL 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 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
TOWER SITE LICENSE AGREEMENT Pages of9
(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.
Ph Ii · rs
Cit ,M~~.ag r, City of Anna, Texas
THE ST T OF TEXAS }
COUN F COLLIN }
AirCanopy Internet Services, Inc. d/b/a Rise Broadband
By:
7-:~~--r-_~>----,"'-;-~---=-,~~~~~~~ Name:,~ l(c/
Title: VT
°-c>/Ort:i
THE STATE OFrTEXAS Q,,Q
COUNTY OF\.-0..r\'(\'\.QJ[' }
}
This instrument .was acknowledged before me on the 9th day of \="e....\-w-u..o.JL\ , 201b by
('{Y\.t'\\'0. G,gcr\\Y{ , ~ P \J ~£ ~c of AirCanopy Internet Services, ltld. d/b/a Rise
Broadband.
Notary Public, State of~ t.o\£)f'o.d
TOWER SITE LICENSE AGREEMENT
VALERIE M MONTOYA
NOTARY PUBLIO
STATE OF COLORADO
NOTARY ID 20054019887
MY COMMISSION EXPIRES .MY .1_2018
Page 9of9
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1214/2015 Collin CAD • Property Search
Property Search
r·~~----·--------, I
Property ID: 2647352 -Tax Year: I 20'i 6 i
!.~------'"--,-____ i
General Information
Property ID
Property Status
Geographic ID
Property Type
Property Address
Total Land Area
2647352
Active
R-9657-000-R001-1
Real
State Hwy#5
Anna, TX 75409
Total Improvement Main Area
AbstracttSubdlvlsion
4,487 sq. ft.
n/a
Anna Public Works
Primary State Code
Legal Description
Entities
Taxing Entity
CAN (Anna City)
GCN (Collin County)
JCN (Collin College)
SAN (Anna ISD)
Improvements
F1 (Govt owned City)
Anna Public Works, Lot R001 .103
Acres; State Hwy o Row
Tax Rate
0.63900~ (201~_Rate)_
0.225000 (2015 Rate)
0.081960 (2015 Rate)
_ 1.67~~~~-(2015 Rate)
Our records don't show any improvement data for Property ID
2647352 in the year 2016,
Value History
Owner Information
13792 Owner ID
Owner Name(s)
Exemptions
Anna City Of
EX-XV (Other Exemptions (including Public,
Religious, Charitable, Ani:I Other Property
Not Reported E
Percent Ownership
Malling Address
2016 Value Information
100.00%
Po Box 776
Anna, TX 75409-0776
Value information for Property ID 2647352 in the 2016 tax year is
unavailable. Value information for prior years may be available in
the Value History section below.
Land Segments
Collected By
Collin County Tax Office
Collin County Tax Office
Collin County Tax Office
Collin County Tax Office
Land Segment #1
State Code
HomesJte
Marice! Value
Ag Use Value
Land Size
Undeveloped
F1 (Govt Owned City)
No
n/a
0.1030 acres
4,487 sq. ft.
Year Improvement Land Market Ag Loss Appraised HS Cap l.oss Assessed
2015 $0 $3,090 $3,090 $0 $3,090 $0 $3,090
2014 $0 $3,090 $3,090 $0 $3,090 $0 $3,090
2013 $0 $3,090 $3,090 $0 $3,090 $0 $3,090
?.012 $0 $3,090 $3,090 $0 $3,090 $0 $3,090
hllp:/lwww.collincad.org/propertysearch?propjd=2647352&sltus_streeLsuffix=&isd%5B%5D=any&clly%5B%5D=any&prop_type%5B%5D=R&prop_type%5... 1/2
12/4/2015 Collin CAD -Property Search
2011 $0 $3,090 $3,090 $0 $3,090
Deed f.fistory
Deed Date Seller Buyer Instr# Volume/Page
SB 541 -Amends Section 25.027 of the Property Tax Code, effective September 1, 2005
RESTRICT/ON ON POSTING DETAILED IMPROVEMENTINFORMATTON ON INTERNETWIEBSITE:
$0 $3,090
Information in appraisal records may not be posted on the Internet lf the information ls a rihotograph, sketch, or floor plan of an
improvement to real property that is designed primarily for use as a human residence. This section does not apply to an aerial photograph
that depicts five or more separately owned buildings.
HB 394 -Amends Section 25.027 of the Property Tax Code, effective September 1, 2015
BESTR/CTTON ONPOSTTNG AGE RELATED INFORMATION ONINTERNETWIEBSITE:
Information in appraisal records may not be posted on the Internet if the Information indicates the age of a property owner, including
information indicating that a property owner 1s 65 years of age or older.
htlp://www.collincad.org/propertysearch?prop_id=2647352&silus_slreet_surtix=&l$d%5B%5D=any&clty%5B%5D=any&prop_type%58%5D=R&prop_type%5... 2/2
Anna North Tower
View of Tower from East
(facing West)
1 -East-facing sector antenna
2-North-facing sector antenna
3-South-facing panel antenna
4 -Dlsfnbution Box
Exhibit B
LICENSEE SITE NAME: ~ Name: City of Anna
SITE COORDINATES: lat llill1 Lona ·96.560222
AMENDMENT TO THE TOWER SITE LICENSE AGREEMENT
THIS AGREEMENT (the "Agreement'') is made as of the date last signed on the signature page (the
"Amendment Effective Date"), between the City of Anna (the "CityCity"), and AirCanopy Internet Services,
Inc., a Texas corporation d/b/a Rise Broadband, on behalf of itself and its subsidiaries (collectively,
"Licensee"}.
RECITALS
WHEREAS, City and Licensee are parties to a Tower Site License Agreement dated February 18, 2016 (the
"Agreement''), for Licensee's use of the property located at 3300 N Powell Parkway, Anna, Texas (the
"Property"); and
WHEREAS, City and Licensee desire to amend the Agreement to increase the monthly fees and to add
equipment to the Property.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this
Amendment and In the Agreement, and for other good and valuable consideration, the receipt of which
Is hereby acknowledged, City and Licensee hereby agree as follows:
1. Except as expressly defined in this Amendment, each defined term used herein has the same
meaning given to such term In the Agreement; provided however, in the event of a conflict, the
definition set forth in this Amendment shall control.
2. The Equipment shall be amended to mean the following:
• Adding three (3) Tongyu antennas along with three (3) ZTE radios
• Adding five (5) Radio Waves back hauls along five (S) Cambium radios
• Removing one (1) 2' SAF back haul
3. As of the Amendment Effective Date, the monthly payment will increase by Sl.150.00 per month
for a total monthly payment of $1,950.00 for all remaining payments for the first and second years
of the Ljcense. The Monthly Payment will increase to $2,150 for all Monthly Payments due during
the third and fourth years of the License.
Pase 1 of3
Rev. 06.23.16
4. MISCELLANEOUS
• Except as expressly set forth in this Amendment, the Agreement has not been modffied
or amended. The Agreement, as amended by this Amendment, is in full force and effect.
" E1<cept as amended in this Amendment, all other terms and provisions of the Agreement
shall apply.
• This Amendment sets forth the entire agreement between the parties with respect to the
matters set forth herein. There have been no additional oral or written representations
or agreements.
• In the case of any inconsistency between the provisions of the Agreement and this
Amendment, the provisions of th ls Amendment shall govern and control.
{Remainder of page intentionally left blank]
Page2of3
Rev, 06.23.16
IN WITNESS WHEREOF, City and Licensee have duly executed this Amendment as of the latest dated
signature below and acknowledge that they have read, understand, and agree to uphold the terms and
provisions above.
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This Instrument was acknowledged before me on the __ day of f ! 1...' t 11Jd k: 2016, by Philip Sanders,
City Manager, City of Anna, Texas.
~,-:_~~~:f.~z,,~ CARRIE l. SMITH '"W,'"' N t f "( "t~ o ary Public, State of Texas
~~ .. · .·'f~ My Commission Expires '-':., ... ·····~..,.$ J 27 2 ,,,,;,N,~.~'''' anuary , o 19 Notary Public, State of Texas
:~~ rnte" tSe ices,lnc.d/b/~lseBroadbando ~ MiV 0-AMJf
Name: M ti _arrlty
Title: VP of etwork Deployment and Field Operations
THE STATE OF COLORADO}
COUNTY OF LARIMER }
MELISSA CATHELYN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19984014735
MY COMMISSION EXPIRES AUGUST 15, 2018
Page 3of 3
Rev. 06.23.16
I
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