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HomeMy WebLinkAboutRes 2018-05-451B Tower Site Agree with Grayson-Collin CommCITY OF ANNA, TEXAS RESOLUTION NO.L-,qdI16- 05-g51 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A TOWER SITE LICENSE AGREEMENT WITH GRAYSON-COLLIN COMMUNICATIONS. WHEREAS; The City of Anna, Texas (the City) and Grayson -Collin Communications (GCC) (Licensee) desire to enter into a Tower Site License Agreement (the Agreement) attached hereto as Exhibit 1; and, WHEREAS; the location to be licensed is 3300 N. Powell Parkway, Anna, Texas 75409 as shown in Exhibit A of the Agreement; and WHEREAS; the Agreement would allow Licensee to maintain certain equipment as shown in Exhibit B of the Agreement; and, WHEREAS; the Agreement includes compensation from Licensee to the City in the amount of $1,400 per month, said amount increasing to $1,800 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 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 Tower Site License Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day of May 2018. APPROVED: Mayor Nate Pike RESOLUTION: GCC Tower Site License Agreement//�//�1,►P�A C;E 1,617 1 ATTEST: City Secretary Carrie L. Smith 5/22/18 Exhibit 1 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 Grayson -Collin Communications. ("Licensee"), a Texas corporation with its principal business at 555 N Henry Hynds Expressway, Van Alstyne, TX 75495. 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: 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 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. 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. Payments/Compensation. TOWER SITE LICENSE AGREEMENT Page 1 of 9 (a) Licensee shall make monthly payments to the City by Automated Clearing House (ACH) Payment Service on the same day of the month as the Commencement Date, which shall be ninety (90) days after the Effective Date. Upon execution of this Lease, Lessee shall deliver to Lessor a complete Authorization Agreement — ACH Authorization for ACH Debit in a form to be approved by the City of Anna Finance Department, together with a voided check for account verification, establishing arrangements whereby automatic recurring monthly payments are transferred by Automated Clearing House Debit initiated by Lessor from an account established by Lessee. Lessee shall continue all payments by Automated Clearing House Debit unless otherwise directed by Lessor. 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 atleast 30 days in advance of any payment date. (b) Said monthly payments shall be in the amount of $1,400 during the first and second years of the license, and $1,800 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 4 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 oftermination. 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 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 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 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) 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 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; 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 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 30theday 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 eventthatthe City provides such notice, then Licensee must remove -no later than the 30thhday 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 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 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 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 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 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: Grayson -Collin Communications Attn.: Chris Offill PO Box 2119 Van Alstyne, TX 75495 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 itwill 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 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. DULY AUTHORIZED SIGNATURES: Maurice Schwanke Interim City Manager, City of Anna Texas THE STATE OF TEXAS } COUNTY OF COLLIN } Y� This instrument was acknowledged before me on the day of 2018, by Maurice Schwanke, Interim City Manager, City of Anna, Texas Tana Ross Notary Public, State of Texas x/ MY Commission Expires 06/01/2021 C) No. 126915695 Chris Offill CFO/CEO, Cutter Communications Inc. dba Grayson -Collin Communications. THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the day of 2018, by Chris Offill, CFO/CEO, Cutter Communications Inc. dba Grayson -Collin Communications. Notary Public, State of Texas TOWER SITE LICENSE AGREEMENT Page 9 of 9 EXHIBIT A PRODUCT SPEC SHEET CANOPY PMP320 ACCESS POINT 1� jim 92"T need to deliver reliable, high -quality at a low investment to succeed in today's etplace. Tile OAP 3632Q [s=an 802.16e standards -based fixed, outdoor solution that arc vides reliable,,,- cost-effective fixed connectivity in the 3.6 to X 8'GHz licensed held including the 3.65 to 3.70 GHz lightly licensed band in the United States. Cambium Neiworksprovidesv, connectivity solutions. Wlth,rn9T deployed in thousand sof networ Cambium solutions are proven to reliable data, voice and video con December 2011 ptioi`14ywireless broadband than 3 million modules 0 Cambium Networks r 90 degree sector applications CC rules),<: Resolution 2013-11-05 PRODUCT SPEC SHEET CANOPY PMP320 ACCESS POINT December 2011 0 Cambium Networks 10/100BaseT, half/full duplex, rate auto negotiated (802.3 compliant) Layer 2 bridge mode or Layer 3 routing mode SW configurable IPv4, UDP, TCP, IP, ICMP, Teinet, SNMP, HTTP, FTP Web based Interface, SNMP, or Wlreless.Manager Ro210 with 902.1n nriority. dvnamic Dort VID sector antenna; 12 lbs. (5.5 kg) hr (190 km/hr) inches (711 X 195 x 240mm) hes (;'330 x 195 x 140mm) liarttfo EN300 328 Resolution 2013-11-05 @6 Cambium Networks` Our Cambium Point -to -Point (PTP) 200 Series Wireless Ethernet Solutions are designed to give you high - throughput, reliable broadband communications on a tight budget. With a PTP 200 Series solution, enterprises, government organizations and service providers with limited resources can establish and extend backhaul communications affordably. Meeting Your Needs Within our Cambium PTP 200 family of products', you can choose among three line-of-sight(LOS) and near -line -of - sight (nLOS) solution platforms, the PTP 200, PTP 230 and PTP 250.Our PTP 49200 system operates in the 4.9 GHz defined -use licensed band at data rates up to 21 Mbps. This system provides very reliable and affordable connectivity and backhaul to support police officers, firefighters, 9-1-1 centers and other public safety agencies. bands at data rates tip tc ideal to supply of o -, abI( In addition, PTP 542©.,ar communications uSil collocate multiple radios Our PTP 5X250 is a dual-band'radio operati6qj and 5.8 GHz license -exempt bands. PTP 5X25t)`f offer data rates up to 256 Mbps (release 02-00_" For applications such as video surveillance, V6 and streaming video content, these systems Off compelling, price -per -megabit communications. Having a wide array of value -priced, high -quality communication options makes it easy to obtain the right combination of features to meet your specific application, infrastructure and environmental requirements. Resolution 2013-11-05 RADIO TECHNOLOGY RF bands' Defined -Use Licensed Band. 49200: 4.940 — 4.990 GHz License Exempt Bands: 54230: 5.470 GHz — 5.725 GHz 58230: 5.725 GHz — 5.875 GHz - _ 5X250: 5.470 GHz — 5,725 GHz = 5.725 GHz — 5.850 GHz Channelijvv� In all cases, channel sizes depend on region code. _ =u: 49200: 10 MHz 54230, 58230: Configurable to 10 or 20 MHz 5X260 r Configurable to 20 or 40 MHz Channel select Qn< 49200, 54230, 58230: Manual selection t 5X250: Automatic selection on start-up, with manual override Transmit power" = 49200: Auto transmit power control by Master up to 18 dBm 54230, 58230 to +19 dBm to EIRP limit by region (1 dBm interval) 5X250 Up tat dBr; varies with modulation mode and settings, _ System gain ° 4920D Integrated°=up Jto 141 dB using Integrated antenna 54230, 5823f} Igt_egrated — Up 6,125 dB using Integrated antenna LNS Up to 17.gB using passive LENS Reflector=Upttr155 de rising passive reflector 5X250: Integrated- l)p to 158 dB using 23 dBi Integrated antenna System gain wiltuaI ith modulation mode and antenna type. Receiver sensitivity 49200: Up to -B9 dBn* (w11h FEC) 54230, 58230: Up to 801 with FEC) 5X250: Adaptive, Va _Ing between -93 dBm_4n-d-71 dBm Modulation 49200: Adaptive betwed6QPSK 16 CIA end 64 QAM . , 54230, 58230: Adaptive between OPSK JOAM and 6 'QAM 5X250: Dynamic; adapting betwj BPS K a-4-4 QAM with single and dual payload Error correction 49200: ARQ, FEC (3/4 Reed Solomon bloekcoding) 54230, 58230: ARQ, FEC (3/4 Reed -Solomon biockndingj 5X250: ARQ, FEC Duplex scheme Time Division Duplex (TDD) Antenna In all cases, check local regulations prior to antenna purchase - 49200: Varies with antenna type; can operate with a selection of sete(y purchased antennas, 50 ohm N-type 54230, 58230: Integrated —10 dBi (550 antenna), can be enhanced with passwe'LENS or reflector dish y- 5X250: Integrated flat plate 23 dBi / 7° Connectorized: Can operate with a selection of separately -purchased stile and dual polar antennas through 2 x N-type female connectors Maximum Range 49200: Integrated — Up to 15 mi (24 km) 54230, 58230: Integrated — Up to 4.5 mi (7.2 km) LENS — Up to 18 mi (29 km), Reflector— Up to 80 mi (128.7 km) 5X250: 20 MHz Channel — Up to 34 mi (54 km) 40 MHz Channel — Up to 17 mi (27 km) Models vary with modulation mode and antenna type and size. Security and encryption 49200: DES, FIPS 1971281it AES Encryption 54230, 58230: DES, FIPS 197 128-bit AES Encryption 5X250: Proprietary encryption; FIPS 197128-bit AES Encryption (available in North America) Resolution 2013-11-05 ETHERNET BRIDGING �mmoN __ ____--_'_________' 4S�N�'Pmpha��U0M 54230.58230: PmyhomryOFDM 5X250: Uxordum�hmughput _Proprietary 49200: Uym21 Mby <ag0mgu�� 54230,58230: 10MHz Channel -Upm24Mbpo 20MHz Channel -Upto 50Mhpo 5X20� Upm2SGMhpot the Ethernet (aggregate): 2OMHz Channel -V»m112Mhpv 40MHz Channel -Kpto 250Mhp__________________ _ L Ed |) gZ w7nmround trip 5V 58%0:5m7m,round trip QoS Fi�o r n a t Interface vuV��- -----'- p priority 54230, VLAWO.-In-% 802.JQ with 802.1p priority, dynamic port VID MANAGEMENT &INSTALLATION __-_--_-_-'-____.. - �D�d�a�u 4920O Pmwo G 54230.S0B0:Power, 5X25 : ---------' -------'----'-- --------�"j7��f- Sy�omm0008oment 4800: HTTK�ho�F��Nm�2;JW�*�b|ov�h��S0�2o/�b/ondCNU| 3,1 or later 49200: Audio and LED indicators for link Otimization 54230,58230: Audio and LED indicators for link'60thization 5X250: Built-in audio and graphical assistan tion onnection Distance between outdoor unit and primary network connection: up-10,330,--,,ft- (10016aters) PHYSICAL 542305823U:1|h(0.6kg) 5X250: Integrated 00i12.1lbsU5.6kg) including bracket ConnemrizedOOU: 9.1|bs(L3kg) including bracket |b, ��_________._________� PoE---�--'--- o�sm��mpmamm - ' -_ ^mou �rm*x1~rF�~w��q 64230,5030:-40"to+181"FF40"to +55"C> 5X250: '40^m+140^F('401to 460"[),including solar radiation ind speed survival '--- ------�--------'----------- -49200[- —116mph --(190[kph) 54230 58230 110mp (180kph) 0 mph (240 kph) --- __- *u--n, it,_____________" Resolution 2013-11-05 ------ _ ..... ._................... - - --....._...------- Power source 100-240 VAC, 50-60 Hz __. -- ---- - ------ _. -- — Power consumption 49200: 22 W max at 56 VDC 54230, 58230: 9 W max at 30 VDC 5X250: 35 W max ENVIRONMENTAL & REGULATORY Protection and safety 49200: UL60950; IEC60950; EN60950; CSA-C22.2 No. 60950; CB Approval for Global 54230, 58230: IEC60950, EN60950 r �� 5X250: UL60950-1; GSA-C22.2 No. 60950-1 IEC60950-1:2005; EN60950-1:2006 4• Al 1:2009 CB Approval for Global Radio _ 4920U: FCC—ABZ89FT7631, IC-109W 4940 ti230: FCC — ABZ89FT7638, IC—109W-5490G, CE — EN301 893 «C,- ABZ89FT7635, IC—109W-5790, CE — EN302 502 5X250: 4&4GHz: EN301 893 5.8 GHz FCC CFR 47, Part 15, sub part C,15.247; ICI �10 Ann Mex 8; EN 302 502 EMC FCC Ffl 47 15-109' & 207, Ciass 8; IC flSS210 Arfnex 8 "i & RSS Ggtr Para 7.2.2, Class B; EN301-489=1 & EN301; 489 4, Giass B Note; The PTP 5X250 device has not been authorized in the 5 'tHz band as required by the rules of the Federal Communications Commission and Industry Canada`fihls device is not, and may4ht be, offered for sale or lease, or sold or leased, as a dual -band device in the U S aiil Canada until authorrzafidn is obtained. cro CaMbiLlm Netwerld" www.cainbittmtietworl<s.com Cambium Newoft and the stylized circular logo are trademarks of Cambium Netmis, Ltd, All other trademarks are the property of their respective otvnars. © Copyright 2012 Cambium Nehuodrs, Ltd. NI fights reserved. CN PTP 200-25002.00 SS ROW 012012 Resolution 2013-11-05 PureWave 3.3-3.8GHz 90 Degree, 6-Port Antenna Array PureWave neh•rve �yryvrm{vrr. Page 1 of 6 When printed on 7/12/2010, this document Is considered controlled only for that day. After date of printing, the document is uncontrolled, Refer to the master document In the Document Control database. Resolution 2013-11-05 PureWave 3,3-3.8GHz 90 Degree, 6-Port Antenna Array PureWave nets ve use nt provides PureWave's specifications for a 3.3-3,8GHz, 90 degree azimuth beamwidth, al gain dual polarized antenna array, comprised of three +/-45 degree dual polarized a total of six antenna ports. The antennas are specified for outdoor, unprotected use. 2. Performance,Requirements The antenna array shall meet the requirements herein over the lifetime of the product and any naturaltyoccurring ggf0ination"of_environmental factors below. 2.9. Operating Irequency,Range The array shall meetiie speclficahons df this,document over the frequency range of 3.3- 3.8GHz. 2.4. Polarization Each array element shall be comprised of +/-45 degree dual s for a total of 6 antenna ports shall be provided. 2.5. Array Element Spacing Nominal spacing between array elements is 136mm, which is 1.5 times 2.6. Cross Polarization Discrimination Cross polarization discrimination shall be <-20dB typical. 2.7, Side Lobe Level Side lobe level in the azimuthal plane is -20 dB down. Side lobe level in the elevation plane is -12 dB maximum. nominal. The elevation radiators, Three elements Page 2 of 6 When printed on 7/12/2010, this document Is considered controlled only for that day, After date of printing, the document Is uncontrolled. Refer to the master document In the Document Control database, Resolution 2013-11-05 PureWave 3,3-3,8GHz 90 Degree, 6-Port Antenna Array PureWave mtvror S. Front -to -Back ifit.to back ratio shall is min 30dB. to -Pori Isolation *on is min 20dB. 2,10. ,1tap ut Power.. Each atienna port shall be capable of handling 5 Watts average and 50 Watts peak power. 2.11, Liglig P.-A ect/idn Each antenna port shai�be DC grounde hd. , " 2.12. VSWR The VSWR of all antenna ports in a 5Q Ohm system shall be 1.8:1 maximum over the operating frequency range. 2.13, Product Lifetime The antenna array shall be designed to meekthe�specifitions of this ,document for a minimum 15 year lifetime. 3. Mechanical requirements 3.1. Dimensions The dimensions of the antenna array shall be 800 mm (H) x 600 mm (W) xirim (D), mounting bracket and connectors, 3.2. Outline Drawing The outline drawing for the antenna array is attached. 3.3. Weigh t The antenna array weighs 6.5 kg. 3.4. RF Connector All RF connectors shall be weatherproof, non -corrosive Type N female, Page 3 of 6 When printed on 7/12/2010, this document Is considered controlled only for that day. After date of printing, the document is uncontrolled. Refer to the master document In the Document Control database. Resolution 2013-11-05 1 PureWave 3.3-3.8GHz 90 Degree, 6-Port Antenna Array PureWave netvro 3.5. Radome me shall be capable of withstanding exposure to the sun and unprotected environments egradation over the lifetime of the product. In mass production the radome color shall be ,:Alight gray (white acceptable for prototypes and small production). 3.6 /VI ousting Provision Each.4ntenrt array shall have provision for mounting that will withstand the operating and survival wind speed requirements. A mounting kit is included with the antenna array. 3.7. -Hardvtiare All mounfi`rta:harshall-a comprised of non -corrosive materials. 4. Environmental Reauirernents The antenna array shall meet the perfornce requirements of this document under any naturally occurring combination of environm-66"t conditions. 4.1. Climatic Conditions -.-, - Except as noted herein the antenna array shalfineet thsTecjuirerr ehts of this document under the climatic conditions of ETSI EN 300 019-1-4 fai=Glass 431E and 4.2H The antenna array operating temperature range is -400C to +65°C, 4.2. Biological Conditions _ The antenna array shall meet the requirements of this document under the biological conditions of ETSI EN 300 019-1-4 Class 4.1E. - =' 4.3. Chemically Active Substances The antenna array shall meet the requirements of this document under substance conditions of ETSI EN 300 019-1-4 Class 4.1 E. 4.4. Mechanically Active Substances The antenna array shall meet the requirements of this document under the mechanically substance conditions of ETSI EN 300 019-1-4 Class 4.1 E. 4.5. Mechanical Conditions The antenna shall meet the requirements of this document under the mechanical conditions of ETSI EN 300 019-1-4 Class 4.1E. Page 4 of 6 When printed on 7/12/2010, this document is considered controlled only for that day. After date of printing, the document is uncontrolled. Refer to the master document in the Document Control database. Resolution 2013-11-05 PureWave 3,3-3,8GHz 90 Degree, 6-Port Antenna Array PureWave nctrrorlcs 4.6. Flammability Tf"ptenna array shall meet UL 94V-1 flammability requirements. 4.7. Wind Speed g The antenna array shall meet the requirements of this document for wind speeds up to 160km/h. The antenna array ' '011 survive without permanent damage or degradation wind speeds up to 200km/h. 48 1fCler Proofing The antenna array meets` P'-65 requirements. 5. ReqW61,v 116auMnents 5.1. CE Co►»lianc6 The antenna array shall have C 6. Materials, Parts, No toxic, explosive, hazardous, antenna array. cesses =_ lbited materials shall be used in the construction of the 6.1. Finish All exterior surfaces shall be finished to withstand lifetime of the product. 6.2. RoHS Compliance All parts and processes shall conform to RoHS sta 6.3. Flammability The antenna array shall meet UV94-V1 flammabilii Page 5 of 6 When printed on 7/12/2010, this document Is considered controlled only for that day. After date of printing, the document Is uncontrolled. Referto the master document in the Document Control database. Resolution 2013-11-05 PureWave 3.3-3.8GHz 90 Degree, 6-Port Antenna Array PureWave nctworks ve Page 6 of 6 When printed on 7/12/2010, this document Is considered controlled only for that day. After date of printing, the document is uncontrolled. Refer to the master document in the Document Control database. Resolution 2013-11-05 Dimensions: Cabinet— H 34.65 ", W 14.32", D20.36" 6- RU's Weight: 32 lbs. approx. (without batteries and/or equipment) Material 502-1­1 321 0.125" thick aluminum Finish 134e high gloss, polyurethane powder coat Equipment rack 19r" standard EIA hole spacing, 12-14 cage nuts, with 6 RU's of availablefequipment space CabI6,Access: _ 94, a. 3'{moles Grounding 10 position grounding bar Security Equipment Bays Pad-locka(ile'handle Compliance Thermals: Complies with'1 elcordja GR 4$7 CORE, Section 3.26 Environmental: Complies vvitfi UL-50, UL i95t7ICSA C=22, 2 (NEMA Type 3R) Acoustic: Complies with Telcordia GR 487--"'- E, Issue 2, 65 dBa requirement Mounting Pad, Pole, H - Mount=' Equipment Options = y' Electrical: AC Input: 110/220 VAC, 50160Hz, 30A max. (110VNY, andard disconnect) DC Distribution: -48VDC Generator connection (optional} Low Voltage Disconnect GFCI Convenient Outlet' A/C surge protection Valare or Delta ziectifiers w/ redundancy Alarms: A/C Failure DC Rectifier Failure Over Temperature Intrusion (Door) Low Voltage Detection Remote alarm reportmg-dptior Fan alarms Cooling alarms Back-up Battery Storage: Battery Base -1 string (battery string consists of 4 GS-PWL 1 batteries) Battery heater pad Copper VF Protection: 5-pin standard 25, 50 or 100 pair protection Max. internal protection to 100 pair Cross -Connect: Equipment: RJ21 (25, 50, 100 pair) CAT3 standard - (CAT5E optional) self strip, silicon grease filled OSP: MS2 (punch down standard (internal cross -connect only), 710 and MS2 stackable optional Max. internal cross connection to 200 pair Fiber splice and management tray (optional) Cooling Options: Heat exchanger 750-1,000 watts, A/C 750 -1,000 BTU's, Free-Air-CoolingTm 750 thermostat controlled Front Pole Mount View �� , "Engineered for today with your future expansion and exchange in mind" 1-800-886-6642 www.icbscabinets.com Rew ti n 2013-11-05