HomeMy WebLinkAboutCC 2014-05-19 Agendas CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY COUNCIL WORKROOM
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 19, 2014
6:30 P.M.
A.0 Discuss Items from Regular City Council Meeting
A.1 Library Update (10 Minutes)
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
C.0 Adjournment
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on May 16, 2014.
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 19, 2014
7:00 P.M.
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Hard copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
❑ City Hall on the day of the meeting
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting.
----------------------------------------------------------------------------------------------------------------------------
A.0 Call to Order - Mayor Trevino
A.1 Invocation - Mayor Pro Tem Rodriguez
A.2 Pledge - Mayor Pro Tem Rodriguez
A.3 Oath of Office
A.4 Special Presentation(s) and Recognition(s) - 2013 Lone Star Achievement Award for
Firefighters Safety
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any
subject which is not on the posted agenda, therefore the Council will not be able to
discuss or take action on items brought up during the citizens presentation.
A.6 Removal of Item(s) from the Consent Agenda
B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
B.1 Approval of Minutes of May 12, 2014 City Council Meeting
B.2 Approve Second Amendment to Tower Site Agreement with STC Five LLC and Global
Signal Acquisitions II LLC.
C.0 PUBLIC HEARINGS
No items for this category.
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.0 PUBLIC WORKS
No items for this category.
F.0 GENERAL ITEMS
F.1 Election of Mayor Pro Tern
G.0 EXECUTIVE SESSION ITEMS
G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda
H.0 INFORMATION AND REPORTS
H.1 Announcements - Councilman Lombard
H.2 Adjournment
All items on the agenda are for discussion and/or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on May 16, 2014.
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
City of North Richland Hills
Work Session
Work Session Meeting Agenda
North Richland Hills City Hall City Council Workroom
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, May 19, 2014
6:30 P.M.
A.0 Discuss Items from Regular City Council Meetinq
A.1 Library Update (10 Minutes)
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
C.0 Adjournment
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.0
Discuss Items from Regular City Council Meeting
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.1
Library Update (10 Minutes)
Presenter: Cecilia Barham, Library Director
Summary:
The library director will provide an update on library services and programs, including
the North Richland Hills Friends of the Library and the 2014 Mayor's Summer Reading
Program.
General Description:
North Richland Hills Friends of the Library
The library has been working with a community steering committee to organize a
Friends of the Library group. The steering committee began meeting in fall 2013. They
have written and adopted bylaws, applied for and been granted non-profit status for the
State of Texas, developed a membership fee structure, and created a marketing
brochure. The steering committee plans to begin signing up citizens to become Friends
members in June during the Library's Mayor's Summer Reading Club.
The North Richland Hills Friends of the Library is an all-volunteer, 501 (c) 3 non-profit
organization whose purpose is to enhance and extend library resources, services and
facilities through fundraising, advocacy and community building.
In accordance with best practices and the recommendations of the American Library
Association, the role of the Friends of the Library is distinctly different and separate from
the role of the Library Board. The Friends of the Library will not play an advisory role
and will support policies set by the Library Board.
All fundraising by the Friends will be done in coordination with the library director and
will be communicated to the Library Board. All funds raised by the Friends will be used
to supplement the library's operating budget to provide materials and programs that
enhance library services. Friends' funds will not replace money that is normally provided
by the city or institution for library operations. Friends decide how to spend their money
after conferring with the library director.
2014 Mayor's Summer Reading Club
Registration for the 2014 Mayor's Summer Reading Club begins on Monday, June 2
and will run through Saturday, July 19. This year's theme is Fizz, Boom, Read —
combining reading with the sciences. There will be nine (9) events held each week
during the eight (8) weeks of the Mayor's Summer Reading Club.
The library staff would like to thank the Mayor and Council for their participation in the
2013 Mayor's Summer Reading Club, and we would like to extend an invitation to the
Mayor and Council to attend and participate in the Thursday afternoon programs that
will be held at 2:00 and 3:00 p.m.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. B.0
EXECUTIVE SESSION - The City Council may enter into closed
Executive Session to discuss the following as authorized by Chapter
551, Texas Government Code
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. C.0
Adjournment
City of North Richland Hills
Regular Session
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, May 19, 2014
7:00 P.M.
A.0 Call to Order - Mayor Trevino
A.1 Invocation - Mayor Pro Tem Rodriquez
A.2 Pledge - Mayor Pro Tem Rodriquez
A.3 Oath of Office
A.4 Special Presentation(s) and Recognition(s) - 2013 Lone Star Achievement Award
for Firefighters Safety
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted agenda,
therefore the Council will not be able to discuss or take action on items brought
up during the citizens presentation.
A.6 Removal of Item(s) from the Consent Agenda
B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of May 12, 2014 City Council Meetinq
B.2 Approve Second Amendment to Tower Site Agreement with STC Five LLC and
Global Signal Acquisitions II LLC.
C.0 PUBLIC HEARINGS
No items for this category.
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.0 PUBLIC WORKS
No items for this category.
F.0 GENERAL ITEMS
F.1 Election of Mayor Pro Tem
C.0 EXECUTIVE SESSION ITEMS
C.1 Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
H.0 INFORMATION AND REPORTS
H.1 Announcements - Councilman Lombard
H.2 Adjournment
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.0
Call to Order- Mayor Trevino
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.1
Invocation - Mayor Pro Tern Rodriguez
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.2
Pledge - Mayor Pro Tem Rodriguez
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.3
Oath of Office
Presenter: Monica Solko, Assistant City Secretary
Summary:
The oath of office will be administered to the newly elected officials.
General Description:
Mayor Oscar Trevino and Council members Rita Wright Oujesky, Tim Barth, and Scott
Turnage were unopposed in the City's Election of Officers that was to be held on May
10. The Election Law provides that if all candidates are unopposed, they may be
declared elected to office and the election cancelled. At the March 24, 2014 City
Council meeting the Council declared the unopposed candidates elected to office and
cancelled the election. Even though no election was held, the Election Law states that
the candidates who are "elected" at the meeting ordering cancellation must wait to be
sworn in until after the official Election Day and no earlier than the prescribed
canvassing period. The May 19 Council meeting is within the timeframe that newly
elected officials may be sworn in.
By law, the oath of office must be administered by someone authorized to administer an
oath under Texas law. In previous years, some of our newly elected officials have
opted to have a ceremonial oath administered by a family member or close friend during
this portion of the meeting and the official oath administered by the City Secretary at
another time. Should anyone desire to have his oath of office administered
ceremonially during the meeting, the City Secretary will administer the official oath prior
to the meeting.
In the name and by the authority of
The State of Texas
OATH OF OFFICE
I, do solemnly swear (or affirm), that I will
faithfully execute the duties of the office of of the City of North
Richland Hills of the State of Texas, and will to the best of my ability preserve, protect, and
defend the Constitution and laws of the United States and of this State, so help me God.
Signature of Officer
STATE OF TEXAS §
COUNTY OF TARRANT §
Sworn to and subscribed before me this day of May, 2014.
Notary Public Signature
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.4
Special Presentation(s) and Recognition(s) - 2013 Lone Star
Achievement Award for Firefighters Safety
Presenter: Stan Tinney, Fire Chief
Summary:
The Texas Fire Chiefs Association has honored the North East Fire Department
Association (NEFDA) and its 14 area departments with the 2013 Lone Star
Achievement Award for Safety Innovation. The award recognizes the Automatic Aid
Technical Rescue Rapid Intervention Team capability that was developed and
implemented by NEFDA fire departments, including the North Richland Hills Fire
Department.
General Description:
When fire fighters are lost or trapped in a burning building time and readily available
resources are critical. During recent joint training conducted with the 14 NEFDA cities it
was determined that a crew of 12 was needed to effectively and safely rescue one lost
or trapped fire fighter. The NEFDA leadership responded by implementing an
innovative policy that delivers 12 person crews with specialized rescue capabilities to
the scene of two-alarm and greater structure fires within all of the NEFDA cities.
When dispatched, this team's sole purpose is to prepare for a fire fighter rescue in the
building. This crew readies equipment, plans the possible rescue, "softens" the
structure and stands by to be deployed. We are fortunate to have the ability and
support of our neighbors to provide these resources and increase the safety of
everyone involved.
The following fire departments are members of NEFDA:
Bedford Fire Department North Richland Hills Fire Department
Colleyville Fire Department Richland Hills Fire Department
Euless Fire Department Roanoke Fire Department
Grapevine Fire Department Southlake Fire Department
Haltom City Fire Department Trophy Club Fire Department
Hurst Fire Department Watauga Fire Department
Keller Fire Department Westlake Fire Department
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.5
Citizens Presentation
An opportunity for citizens to address the City Council on matters
which are not scheduled for consideration by the City Council or
another City Board or Commission at a later date. In order to
address the Council, please complete a Public Meeting Appearance
Card and present it to the City Secretary prior to the start of the
Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted
agenda, therefore the Council will not be able to discuss or take
action on items brought up during the citizens presentation.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. A.6
Removal of Item(s) from the Consent Agenda
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. B.0
CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine
items deemed to require little or no deliberation by the City Council
and will be voted on in one motion. There will be no separate
discussion of these items unless a Council Member so requests, in
which event the item will be removed from the Consent Agenda and
considered.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. B.1
Approval of Minutes of May 12, 2014 City Council Meeting
Presenter: Monica Solko, Assistant City Secretary
Recommendation:
To approve the minutes of the May 12, 2014 City Council meeting.
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820— MAY 12, 2014
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
12th day of May 2014 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m.
regular Council meeting.
Present: Oscar Trevino Mayor
Tito Rodriguez Mayor Pro Tem, Council, Place 1
Rita Wright Oujesky Council, Place 2
Tom Lombard Council, Place 3
Tim Barth Council, Place 4
David Whitson Council, Place 5
Scott T urn age Council, Place 6
Tim Welch Council, Place 7
Staff Members: Mark Hindman City Manager
Karen Bostic Assistant City Manager
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director
Monica Solko Assistant City Secretary
George Staples City Attorney
Mary Peters Public Information Officer
Kristin James Assistant to City Manager
John Pitstick Director of Planning & Development
Larry Koonce Finance Director
Stan Tinney Fire Chief
Kyle McAfee Assistant Fire Chief
Stewart Bass Municipal Court Judge
Patrick Hillis Human Resources Director
Mark Mills Budget Director
Greg VanNieuwenhuize Engineer
Jason Moore Management Assistant— Public Works
Bill Thornton Parks & Recreation Assistant Director
Frank Perez NRH20 Interim Park Director
Call to Order
Mayor Trevino called the work session to order at 6:00 p.m.
A.0 Discuss Items from Regular City Council Meeting
There were no questions from Council.
A.1 Quarterly Financial Status Report
Mark Mills, Budget Director, presented a PowerPoint presentation on the status of the
Quarterly Financial Report for the period ending March 31, 2014. There were no
questions from Council.
A.2 2014 Youth Advisory Committee's Project Proposal
Kristen James, Assistant to the City Manager, introduced the item stating that each year
the Youth Advisory Committee researches an issue to learn about how city ordinances
are developed. This year the committee chose bicycle helmet laws. Youth Advisory
Committee Chair Rebecca Cooper along with other YAC members then presented the
committee's annual project proposal to the Council. During the discussion, several
Council members expressed concerns about government trying to regulate something
that many people feel should be the responsibility of the parent. Mayor Trevino
suggested that the Youth Advisory Committee develop a public education campaign to
take to local schools and educate children about the importance of wearing bicycle
helmets.
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
B.1 EXECUTIVE SESSION - Pursuant to Section 551.074, Texas Government Code,
to Deliberate the Appointment, Employment, Evaluation of Duties of a Public
Officer or Employee: City Secretary, Municipal Court Judge and Alternates
B.2 Executive Session - Pursuant to Section 551.072, Texas Government Code, to
Deliberate the purchase, exchange, lease or value of real property in the south
sector of the City
B.3 Executive Session - Pursuant to Section 551.072, Texas Government Code, to
Deliberate the Lease of City Property (Mineral Leases)
Mayor Trevino announced at 6:27 p.m. that the Council would convene into Executive
Session as authorized by Chapter 551, Texas Government Code, pursuant to the
following sections: 1) Section 551.074 to deliberate the appointment, employment,
evaluation of duties of a public officer or employee: City Secretary, Municipal Court
Judge and alternates 2) Section 551.072 to deliberate the purchase, exchange, lease
or value of real property in the south sector of the city 3) Section 551.072 to deliberate
the lease of city property (mineral leases).
C.0 Adjournment
Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.0
CALL TO ORDER
Mayor Trevino called the meeting to order May 12, 2014 at 7:02 p.m.
ROLL CALL
Present: Oscar Trevino Mayor
Tito Rodriguez Mayor Pro Tem, Council, Place 1
Rita Wright Oujesky Council, Place 2
Tom Lombard Council, Place 3
Tim Barth Council, Place 4
David Whitson Council, Place 5
Scott T urn age Council, Place 6
Tim Welch Council, Place 7
Staff:
Mark Hindman City Manager
Karen Bostic Assistant City Manager
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director
Monica Solko Assistant City Secretary
George Staples Attorney
A.1
INVOCATION
Councilman Lombard gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Lombard led the pledge of allegiance.
A.3
SPECIAL PRESENTATION AND RECOGNITION(S) -
PROCLAMATION FOR POLICE WEEK PRESENTED BY
MAYOR PRO TEM RODRIGUEZ.
Mayor Pro Tem Rodriguez presented the Police Week and Peace Officers Memorial
Day proclamation to Jimmy Perdue, Director of Public Safety, Mike Hamlin, Assistant
Police Chief and Mike Young, Assistant Police Chief.
A.4
SPECIAL PRESENTATION AND RECOGNITION(S) -
RESOLUTION NO. 2014-014 RECOGNIZING EULESS MAYOR MARY LIB SALEH
PRESENTED BY MAYOR TREVINO
Mayor Trevino read Resolution No. 2014-014 commending Mayor Mary Lib Saleh of the
City of Euless for her dedicated service to Tarrant County and the Dallas — Fort Worth
region.
A.5
CITIZENS PRESENTATION
None.
A.6
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF APRIL 28, 2014 SPECIAL CITY COUNCIL
MEETING
B.2 APPROVAL OF MINUTES OF APRIL 28, 2014 CITY COUNCIL MEETING
B.3 APPROVE AN AGREEMENT WITH TARRANT COUNTY TAX
ASSESSORICOLLECTOR FOR THE COLLECTION OF CITY PROPERTY
TAXES - RESOLUTION NO. 2014-012
B.4 APPROVAL OF AGREEMENT WITH THE TODD COMPANY FOR AN
AMOUNT EXCEEDING $50,000
B.5 AWARD CONTRACT FOR RFB # 14-022 FOR SUPPLY AND INSTALLATION
OF POND EDGE EROSION TREATMENT TO LANDSHORE ENTERPRISES,
LLC. IN THE AMOUNT OF $129,695
COUNCILMAN LOMBARD MOVED TD APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.0
PUBLIC HEARINGS
No items for this category.
D.0
PUBLIC WORKS
Items to follow do not require a public hearing.
No items for this category
E.0
PUBLIC WORKS
No items for this category.
F.0
GENERAL ITEMS
F.1
YOUTH ADVISORY COMMITTEE'S 2014 END OF YEAR REPORT
APPROVED
Rebecca Cooper, Chair of the Youth Advisory Committee, presented to Council the
year-end report.
COUNCILMAN LOMBARD MOVED To ACCEPT THE YOUTH ADVISORY COMMITTEE'S 2014 END
OFF THE YEAR REPORT. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.2
APPOINTMENT TO LIBRARY BOARD - PLACE 6
APPROVED
Councilman Turnage presented the nomination/recommendation of Donna Stallard to fill
the unexpired term on the Library Board, Place 6.
COUNCILMAN TURNAGE MOVED To APPOINT DONNA STALLARD TO THE LIBRARY BOARD,
PLACE 6. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
G.0
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
B.1.
DELIBERATE THE APPOINTMENT, EMPLOYMENT,
EVALUATION OF DUTIES OF A PUBLIC OFFICER
OR EMPLOYEE: CITY SECRETARY
— RESOLUTION NO. 2014-013
APPROVED
Mayor Trevino summarized the item. The City Council is being asked to approve
Resolution No. 2014-013 the appointment of the City Secretary position. The City
Charter states that the Mayor appoints the City Secretary with approval of two-thirds
majority of the City Council.
COUNCILMAN LOMBARD MOVED To APPROVE RESOLUTION No. 2014-013 APPOINTING ALICIA
RICHARDSONN AS CITY SECRETARY. COUNCILMAN BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
B.1
DELIBERATE THE APPOINTMENT, EMPLOYMENT,
EVALUATION OF DUTIES OF A PUBLIC OFFICER
OR EMPLOYEE: CITY SECRETARY
APPROVED
Mayor Trevino presented the item. The Council is being asked to authorize the City
Manager to execute a salary agreement with the City Secretary.
COUNCILMAN WELCH MOVED To AUTHORIZE THE CITY MANAGER TO EXECUTIVE A SALARY
AGREEMENT WITH THE CITY SECRETARY. MAYOR PRO TEM RODRIGUEZ SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 7-0.
B.1
DELIBERATE THE APPOINTMENT, EMPLOYMENT,
EVALUATION OF DUTIES OF A PUBLIC OFFICER OR EMPLOYEE:
MUNICIPAL COURT JUDGE AND ALTERNATES
— ORDINANCE NO. 3308
APPROVED
Council discussed in Executive Session the appointment of the Municipal Court Judge
for a two-year term and the appointment of alternate judges when the judge is
temporarily absent.
COUNCILMAN LOMMBARD MOVED To APPROVE ORDINANCE No. 3308 APPOINTING STEWART
BASS AS MUNICIPAL COURT JUDGE AND GLYNNIS MCGINTY AND LORRAINE IRBY AS
MUNICIPAL JUDGE ALTERNATES. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
B.3
DELIBERATE THE LEASE OF CITY
PROPERTY (MINERAL LEASES)
APPROVED
Karen Bostic, Assistant City Manager presented the items. Chesapeake Energy
Corporation has approached the City seeking three year leases on the three parcels.
One is approximately 1.909 acres located in the T. Akers Survey, Abstract No. 19, the
second is 0.404 acres located in the T. K. Martin Survey, Abstract No. 1055 and the
third is 0.5890 acres located more or less being Lot 7-R, Block 3, Richland Oaks
Addition. The lease terms are $5,250 per acres and 25% royalties.
COUNCILMAN BARTH MOVED TD AUTHORIZE THE CITY MANAGER TO EXECUTE THREE OIL AND
GAS LEASES WITH CHESAPEAKE FOR APPROXIMATELY 1.909 ACRES OFF CITY PROPERTY
LOCATED IN THE T. SURVEY, ABSTRACT No. 19, DEED RECORDED IN VOLUME 10468, PAGE
1 221 ON DECEMBER 11, 1991 WHICH IS A PORTION OF IRON HORSE BOULEVARD SOUTH OF
BOULDER, APPROXIMATELY 0.404 ACRES OF CITY PROPERTY LOCATED IN THE T. K. MARTIN
SURVEY,ABSTRACT No. 1055, RECORDED IN VOLUME 13595, PAGE 216, DEED RECORDS OF
TARRANT COUNTY AND APPROXIMATELY 0.5890 ACRES OFF CITY PROPERTY, MORE OR LESS,
BEING LOT 7-R, BLOCK 3, RICHLAND OAKS ADDITION TO THE CITY OF RICHLAND HILLS (NOW
NORTH RICHLAND HILLS), TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN
VOLUME 388-8, PAGE 80, PLAT RECORDS OF TARRANT COUNTY TEXAS. COUNCILWOMAN
WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
H.0
INFORMATION AND REPORTS
HA
ANNOUNCEMENTS
Councilman Whitson made the following announcements.
NRH20 opens for its 20th season on Saturday, May 17th. NRH20 offers resident
discounts and you will receive $5 off when you purchase your season pass by June 1st.
For more information, visit NRH20's website or call 817-427-6500.
Join us this Wednesday for `Round the Town with Oscar. The mayor's monthly bike
ride will begin at 5:45 p.m. from the parking lot of the NRH Centre. The ride is
approximately 10 miles and everyone's welcome, whether you are an avid cyclist or the
casual weekend rider. If you have questions or need more details, contact the NRH
Centre at 817-427-6600.
Kudos Korner - After attending the recent Easter in the Park event, a family wanted to
extend their heartfelt thanks for the wonderful job everyone did. They are new to North
Richland Hills and were astonished at how great it was. They thank all the employees
involved for putting together such an organized, fun and memorable event. They said
that they feel lucky to live in a city with this kind of service.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:32 p.m.
Oscar Trevino — Mayor
ATTEST:
Monica Solko, Assistant City Secretary
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. B.2
Approve Second Amendment to Tower Site Agreement with STC Five
LLC and Global Signal Acquisitions II LLC.
Presenter: Kyle Spooner, Information Services Director
Summary:
City Council is being asked to approve an amendment expanding and extending
instrument number D205318900 for a cell tower site lease agreement located at 7202
Dick Fisher Drive (immediately behind the Fire Administration building). The expansion
would allow the lessee the ability to install equipment required to operate their LTE
network.
General Description:
The current 400 square foot tower site lease was approved by City Council in October
1997. The lease was originally with Sprint Spectrum L.P. for the construction of a
cellular tower. The initial term was for 5 years with four 5 year extensions. In June
2005 Global Signal, Inc. took over the lease, as cellular companies began outsourcing
the entire leasing process. The current lease agreement is in the second year of the
third extension with one extension remaining on the agreement. The amendment
provides for three 5 year extensions to be added to the current agreement, giving them
a total of four 5 year extensions plus the remainder of the current (3 years).
The proposed lease amendment would expand the land leased by 200 square feet,
giving the lessee a total of 600 square feet. The current lease payment is $912 per
month. Under the proposed amendment lessee would pay an additional $456 per
month. The amendment is subject to the terms of the original agreement which requires
a 15% increase in the lease payment every five years. If all renewal options were
exercised, the agreement would expire in 2037 and revenue for this lease increased by
approximately $173,000.
The Development Review Committee has approved construction plans submitted by
Global Signal for the expansion of their equipment. All landscaping requirements have
been agreed upon and are reflected in the proposed site plan.
The City Attorney has reviewed the proposed amendment.
Recommendation: To approve amendment for the extension and expansion of
instrument number D205318900.
Attachments:
1) Memorandum of Second Amendment to Tower Site Lease Agreement
2) Second Amendment to Tower Site Lease Agreement
3) Site Plan
4) Original Contract
Attachment I
WHEN RECORDED RETURNTO.
Prepared by:
Lake & Cobb, PLC
1095 W, Rio Salado Pkwy, Suite 206
Tempe, AZ 8 281
Space above this line for Recorder's Use
A.P.N. 10574731019 Prior recorded docurnent(s) in Tarrant Co,unty,Texas,
October 25�,20,05 rut#D20,53189,00
MEMORANDUM OF SECOND AW"NDMENT TO
TOWER SITE Ij-'ASE AQRFEMFNT
This Memorandum of Second Amendment to Tower Site [.,ease Agreement dated as of
the latter of signature dates below, by and between, Tlll," C11"Y OF NORTI-1 RICHI..,AND
14ILLS, a Texas municipality (hereinafter relerred to as "Landlord") and S1 C FIVE LLC, a
Delaware limited liability company, by and through its Attorney In ["act, Global Signal
Acquisitions II LIX, as Delaware limited liability company, with a mailing address, of 2000
Corporate Drive, Canonsburg, Pennsylvania 15317 (hereinafter referred to as "'I"enant").
1. Landlord and Sprint Spectrwri I—P. ("Original Tenant") entered into a Tower Site
Lease Agreement dated October 31, 1997, as memorandurn of which was recorded on October 25,
2005 at Instrument No. D205318900 (the "Original Lease") whereby Original Tenant [eased
certain real property, together with access and utility casements, located in Tarrant County,
Texas from Landlord (the "Premises"), all located within certain real property owned by
Landlord ("Landlord's Property"). Landlord's Property, of which the Preiiiises, is a part, is niore,
particularly, described on Exhibit B attached hereto.
S i1c Name North k ichland I I i Us F`irc Station
Business Una#"876548
2. "rhe Original Lease was amended by that certain letter agreement dated
Decernber 3, 1997 (the "First Arnendment") (hereinafter the Original Lease and the l'irst
Amendment are collectively referred to as the "Lease"').
I STC Five 1.1,,.0 is currently the Tenant under the Lease as successor in interest to
the Original Tenant.
4 The Lease had an initial term that commenced on October 31, 1997 and expired
on October 30, 2001 1"he Lease provides for four extensions of five years each, three ot'which
were exercised by "Fenant (each extension is referred to as a "Renewal Term"). According to the
Lease, the final Renewal Te= expires October 30, 2022,
5 Landlord and Tenant have entered into a Second Amendment to 'Fower Site Lease
Agreement (the "Second Amendment"), of' which this is a Meniorandurn, providing for three
additional Renewal 'I"erms of five years, each. Pursuant to the Second Arnendment, the final
Renewal Tenn expires on October 0, 203T
6. By the Second Amendment, Landlord and Tenant expanded the Premises by an
additional area of two hundred (2001), square feet. A metes and bounds description of the
Premises, as expanded, is attached hereto as lj"xhibit A.
7. The terms, covenants and provisions of the Second Amendment shall extend to
and be binding upon the respective executors, administrators, heirs, successors and assigns of
Landlord and Tenant,
8, 1-his Memorandum does not contain the social security number ol'any person.
9. A copy of the Second Amendment is on file with Landlord and "Teriant.
QE'xecution Pages, Follow]
Siw Nwnc:North,Wichland I IAN Fire Smion 2
Du siness Unit# 876548
Ill WITNES REOF, hereunto and to duplicates hereof, Landlord and Tenant
have caUSCd this Memorandum to be duly executed on the day and year first written above,
LANDLORD:
THE CH"'Y OF' NOR,rul RICHLAND IJILLS,
as Texas municipahty
By:
Print Name:
Date:
STATE OF
)ss.
COUNTY OF
On this day 2014, before me, the subscriber, a Notary Public in
and for said State and COUnty, personally appeared the
of"I"HE CITY OF NORTH RICHLAND HILLS, known or
identified to me to be the person whose name is subscribed to the foregoing Mernorandurn of'
Second Amendment to 'rower site tease Agreement, and in due Conn of law acknowledged that
he/she is authorized on behalf of said municipality to execute all docurnents pertaining hereto
and acknowledged to rne that he/she executed the sai,ne as his/her voluntary act and deed on
behafforsaid municipality.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed rtly sea] in said
State and C,ounty on the day and year last above written,
—uir—yS--gall
....._W...... ._
(Signature of Notary)
My Commission E.xp ire s: .......
Siac Name Nurlh RuWand MUs guru Swum 3
Business Unit# 876548
TENANT:
S'FC FIVE LIX, a Delaware limited liability
company
By: Global Signal Acquisitions 11 LIX, a
Delaware limited liability company
Its: Attorney In Iact
By:
Print Name;
'Title:
Date,
STATE OF
)SS,
COUNTY OF
On this day of 2014, before me, the subscriber, a Notary Public in
and for said State and County, personally appeared , the
of GLOBAL SIGNAL ACQUISH"IONS 11 LL C, a
Delaware limited liability company, the Attorney In Fact for STC Five LIX, a Delaware limited
liability company, known or identified to me to be the person whose name is subscribed to the
foregoing Memorandum of Second Amendment to 'Fower Site Lease Agreement, and in due
form of law acknowledged that he/she is authorized on behalf of"said company to execute all
documents pertaining hereto and acknowledged to me that he/she executed the same as his/her
voluntary act and deed on behalf ofsaid company,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said
State and County on the day and year last above written.
Notary Seal
(Signature of Notary)
My Commission Expires:
Site Nartw North Richland I hils Fire Station 4
Business Unit 4.876548
EXHIBIT A
(Legal Description of Premises)
Sile Nwim NoM RichlanJ Hills If mrat Station S
Busincss Unit C$76548
EXHIBIT II
(Legal Description of Landlord's Property')
Lot I R, Block 1, (.1vil Centre Addition to the City ol*North Richland Ffills, 'FalTanl (,ounty,
Texas.
Site Narne Nomh Riddand I hils Fu e Stauoin 6
BusJus's Unpt# 76548
Attachment 2,
SECOND AMENDMENT TO
TOWER SITE LEASE ALA REEMEST
THIS SECOND AMENI)M ENT TO TOWl"."R SITE LEASE AGREEMENT (the
"Second Amendrrient") is made effective this ,.......... day of _........___ 2014, by and
between TIJE CITY Ol" NORTH RICHLAND HILLS, a Texas municipality (hereinafter
referred to as "Land ford") and STC FIVE I.-J-C, a Delaware limited liability company, by and
through its Attorney In Fact, Global Signal Acquisitions 11 I.. IX a Delaware limited liability
company (hereinafter referred to as "Tenant").
RECITALS
WHU'REIAS, Landlord and Sprint Spectrum L.P. ("Original Tenant") entered into a
Tower bite Lease Agreement dated October 31, 1997, a memorandum of which was recorded, on
October 2 5, 2005 at Instrument No, D205 3 l 8,900, in the Office of the Tarrant C,aunty Recorder,
Texas (the "Original Lease") whereby Original Ten ant leased certain real property, together with
access and utility easements, located in Tarrant County, Texas from Landlord (the "Premises"),
all located within certain real property owned by Landlord ("Landlord's Property"); and
WlR-E-'IE .'AS, the Original Lease was amended by that certain letter agreement dated
December 3, 1997 (the "I first Amendment") (hereinafter the Original Lease and the First
Amendnient are collectively referred to as the "Lease"); and
WHEIRE'AS, STC Five I. LC is currently the Tenant tinder the Lease as successor in
interest to the Original 'Feriant; and
WI 11,"REAS, the premises may be used for the purpose of constructing, maintaining and
operating, a communications facility, including tower Structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related iniprovements and structures, and uses
incidental thereto; and
WHER!",,"AS, the Lease had an initial terra that commenced on October 31, 1997 and
expired on October 30, 20�02, The Lease provides fbir four extensions of live years, each, three of
which were exercised by Tenant- According to the Lease, the final extension expires on October
30, 2022; and
Smc Nanw Nooh Rachland Hffls Firc Station
Blusinos Ulim U 876548
WHEIZEAS, Landlord and Tenant desire to amend the Lease on the terms and conditions
contained herein.
NOW TI JERE FOR F", for good and valuable consideration, the receipt and sufficiency of'
which are acknowledged, Landlord and Tenant agree as follows:
T. Ke,c,itals, Del"ined Terrns. The parties acknowledge the accuracy of,"the foregoing
recitals, Any capitalized terms not defined herein shall have the meanings ascribed to there in
the Lease,
2, Extended 'Ferm. Section .2 of the Lease is being amended by deleting the
following��
Tenant is granted the option to extend the P'rinijary 'Ferran of this Lease for four (4),
additional periods of five (5) years each ("Extended Term"), provided Tenant is
not then in default under this Lease. Each of Tenant's options to extend will be
deerned automatically exercised without any action by either party unless Tenant
gives written notice of its decision not to exercise any option(s) to Landlord
before expiration of the then current term.
and addiing the following:
Tenant is granted the option to extend the Primary Term, of this T.ease for seven
(7) additional periods of five (5) years each ("Extended 'Fenn"), provided "renant
is not then in default under this Lease. Each of—Fenant's options to extend willl be
deemed automatically exercised without any action by either party unless "Fenant
gives written notice of its decision not to exercise any option(s) to Landlord
before expiration of the then current term.
Landlord and "Fenant hereby acknowledge that Tenant has exercised three (3) Extended Terms,
leaving a balance of four (4) Extended Terms.
3. Additional Lease Area. The existing Premises, is hereby expanded in size to
include ,additional space, which consists of (i) a 101' x 1 ' or one hundred twenty (l 0) square
foot parcel of real property, and (ii), a 4' x 20' or one hundred (100) square foot parcel of real
property, both of which parcels are adjacent to the existing Prernises at a location more
particularly shown on the Site Plan attached hereto as Exhibit 13 (collectively the "Additional
Lease Area"). The Premises, as expanded hereby, is described, on Exhibit A attached hereto,
Notwithstanding anything to the contrary in this Second Amendment, Tenant is not relinquishing
any rights to any lease area, access casements, and/or utility, casements that it possesses prior to
Site Name, North Kichland HdIs Fire Stafion 2
Business,Unit N, 976548
the date of this Second Amendment. In the event the location of any of' 'Fenani's or its
subtessees' existing improvements, utilities, and/or access routes are not depicted or described oil
the Site Plan and/or legal descriptions, Tenant I s leaschold rights and access and utility casement
rights over such areas shall remain in full force and effect and the Premises shall be deemed to
include such areas.
4, Additional Rent. Rent for the Additional Leme Area will be Four Hundred Fifty-
Six and 00/100 Dollars, ($4561.010) per month, beginning upon the commencement of installation
ol'improvements within the Additional Lease Area ("'Additional Rent"). The Additional Rent is
subject to increase and is payable in accordance with Section 4 of the Lease. In the event Tenant
ceases to use the Additional Lease Area, "fenant's obligation to pay, the Additional Rent shall
likewise terminate upon the removal of any improvements located on the Additional Lease Area.
5 ReprescrItqtio Warranties, and Covenants of' Landlord. Landlord represents,
warrants and covenants to Tenant as follows,:
a) Landlord is dully authorized to and has the full power and authority to enter into
this Second Amendment and to perform all of Landlords obligations under the Lease as
arnended hereby,
b) Upon Tenant's request, Landlord shall cure any defect in Landlord's title to the
Premises which in the reasonable opinion of Tenant has or may have an adverse affect on
Tenant's use or possession of the Prcinises.
C), Tenant is not currently in default under the Lease, and to Landlords knowledge,
no event or condition has occurred or presently exists which, with notice or the passage of tirne
or both, would constitute a default by Tenant under the Lease.
d), Landlord agrees to execute and deliver such further documents and pro ide such
further assurances, as may be requested by Tenant to carry out and evidence Clue full intent and
purpose of the partics, under the Lease as amended hereby, and ensure 'renant's continuous and
uninterrupted use, possession and quiet enjoyment cal" the Premises under the Lease as amended
hereby,
6. Notices. Tenant's notice address, as stated in Section, 8, of the Lease is amended as
follows.
Sue Mune North ROfland Hilk Fire Stalmn 3
Businm Una#;8 76548
TENANT'S PRIMARY CONTACT STC Five LLC
c/o Crown Castle USA Inc.,
E. Blake Hawk, General Counsel
Attw I-egal Department — Real Estate
2000 Corporate Drive
C,auonsburg, PA 15317
7. IRS—Form W-9. Landlord agrees to Provide Tenant with a completed IRS Form
W-9, or its equivalent, Up011 execution of this Second Amendment and at such other times as
may be reasonably requested by Tenant. In tile event the Landlord's Property is transferred, the
succeeding landlord shall have a duty at the time of' such transfer to provide Tenant with a
completed IRS Form W-,9, or its equivalent, and other related paper work to effect a transfer in
the rent to the new Landlord. Landlord's, failure to provide tile IRS, Form W-9 within thirty (30)
days after Tenant's request shall be considered a default and 'renant may take any reasonable
action i1ccessary to comply with IRS regulations including, but not limited to, withholding
applicable taxes from rent payments.
8, CL90unter atLs. This Second Amendment may be executed in separate and multiple
P
counterparts, each of which shall be deemed an original but all o1, which taken together shall be
deemed to constitute one and the same instrument.
9. Remainder of Lease Unaffected, In all other respects, the remainder of the Lease
shall remain in full force and effect. Any portion of the Lease that is inconsistent with this
Second Amendment is herebyaWended to be consistent.
[Signature pages follow]
Sk No= North Richland I h1k Hre Slauon 4
Business I lnit#: 876548
Landlord and'I'enant have caused, this Second Amendment to be duly executed on the day and
year first written above.
LANDLORD:
(11"Y OF NORTI I RICHLAND I I I LS,
aTexas municipality
By: -—----
Print Name:
Title:
STATE OF
)S&
COUNTY OF
On this_day ol" w. 2014, before me, the subscriber, a No Public in
and for said State and County, personally appeared the
ot'TFIE CTFY OF NORT'H RICY]LAND HILLS, known or
identified to me to be the person whose name is subscribed to the foregoing Second Amendment
to Tower Site Lease AgrecruCrit, and in due form of law acknowledged that he/she, is authorized
on behalf'ot'said municipality to execute all documents pertaining hereto and acknowledged to
me that fie/she executed the same as his/her voluntary act and deed oil behalf orsaid
municipality.
INTESTIMONY WHEREOF, I have hereunto set my timid and affixed my seal in said
State mid County on the day and year last above written.
Notary Seal
(Signature of Notary)
.......... . ..... My Commission Expires:
[Tenant Execution ["age Follows]
Silc Narrw Nonh Riclftnd Ihiills Fire Station 5
BumessUnO 876548
1"his, Second Amendment is executed by Tenant as of the date first written above,
TENAN't',
S`FC FIV ' LLC, a Delaware litnited liability
company
By: (flobal Signal Acquisitions Il a
Delaware limited liability company
Its: Attorney In Fact
By: ......
Print Name:
"Title:
S"I'A'11"
)ss
COUN'J'Y Of`
On this day of 2014, before mc, the subscriber, a Notary Public in
and liar said State and County, personally appeared the
of(ROBAL SIGNAL ACQUISH-ION S It LLC, a
F)ei—aware"—firnitedliability 'c"o"m p'nriy—,the Attorney In Fact for SJ'C Five 1J,C, a Delaware limited
liability company, known or identified to me to be the person whose name is subscribed to the
foregoing Second Amendment to 'l'ower Site Lease Agreernent, and in due form oil'"law
acknowledged that he/she is authorized on behalf of said conipany to execute all documents
pertaining hereto and acknowledge(], to me that he/she executed the same as his/her voluntary act
and deed on behalf of'said company,
IN TESTIMONY WHEREOF, I have hereunto set my hand and of rimy seal in said
State and County on the day and year last above written,
ary sc d
.......... ...........
(Signature ot'Notary)
.. .......... ........ My Commission Expires:
Site Narne Nomh Ruchlandl Hills Fiire Swafion 6
Business Unit C 876548
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Attachment
TOWER SITE
LEASE AGREEMENT
COVER PAGE
SITE # DA13XCI
TA13LE O�F' CONTENTS
1. PREMISES....................................................I..........................................I ......................... 1
2. USE....................I................................................... ............................................................. 1
3. TERM............I....I................................................................................................................2
3.1. Primary Term.............................................................................................................2
3.2. Extended Term..................................................................-..................................... 2
4. RENT .......................... ..........«......x..,....... ........« .................. ......... .............................. 2
5. ACCESS AND UTILITIES..........................I......................................................................3
6. UTILITIES..........................0...........I...................................................................................3
7. HOLDING OVER.............................................................................................................3
8�. NOTICE............I..............................................................................................« .............w.3
9. LLABILITY AND INDEMNITY......................................................................................4
10. TERMINATION....................................................................................................- ...........4
11. DEFAULT..................................................w................................ ......I....I.............I............5
12. TAXES..........................................................I.........................I... ....................I..................6
13. INSURANCE.................................................................................................. ..................6
13.1. Required Insurance of Tenant........................................................................... 6,
13.2. Policies of Insurance.......................................................................................... 7
13.3. No Limitation on Liability...................... .......«....,.. ......... .r................., r .......7
13.4. Release................... ................a ..a... ..........x....... .................. .......... .......... .............7
14. FIXTURES............................I...........................................................................................7
15. MEMORANDUM OF'AGREEMENT................................................................. ...... 7
16. SIG 1" SUBLETTING BY TEN ...................................................8
17. PERMITS........................................................................................................................... 8
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18, DEBT SECURITY.—...... -.........—......... ................... ....... ....................
191. ENVIRONMENTAL MAT'E' S ...,.,...........,. .......... ..........................., ......... ...........18
2o. FENCES ......... ........................ ... ................... ...,.....,..................,. ...,...... ......... ...............
1, TITLE,..........................................,.............................. .................. .......... .......... ...............
22. CONDEMNATION OF PREMISES ..................... .....,..........,.. .,....... ......... ..... ......
23, QUIET ENJOYMENT.................,...s..............................................................1 !
24. CONTINGENCIES........................ ...........—.....................................,.......... .,...... ............... 1 '
25. INTERFERENCE ............. .................. .................. ..,....... ......I.......... ............ ............ 11
26. ITEMS TO E DEL
27. COMPLIANCE......... ........ .................. ......... .................. ......... ...........,...... ...........,. 11
28. LIENS....,. ................... ........ ...............................,* ................. ...... ......,. .,.......... ,.,...,...11
29. SUBORDINATION........... ................... ............ ............... ........... ................ ............. 11
30. ENTIRE AGREEMENT AND BINDING EFFECT... ............ .......,.u.. ..,.,.......,.....,,.. 12
31. GOVERNING IAW........... ............................ ......... ................................ .................. 12
2. MIS CEL US..............w......,........,......,,............,.................,...,.....,.......12
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TOWER SITE L AGREEMENT
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THIS SITE ") is mads and
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� , crud "
Richland " a Texas " ('Landlord"), an rint Spectrum L.P.,
Delaware kited partnership ("Tenant").
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AGREEMENTS
. PREMISES
Landlord leases to Tenant, and Tenant an leases � Landlord, certai n ld owns d
by Landlord, legally described a Exhibit A, and more particularly illustrated,, defined
and described in the abed Exhibit B" which are incorporated herein by referenee and
d hereof for � Landlord o ants Tenant the Access
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Easement crud U� E, ment described � Section � � our" over" under and
E upon eau adjacent of Landlord. It is further agreed that, the survey Obtained
hereunder y Tenant be substituted therefor and become, Exhibit B,to this Lease,
2. USE
Premises HH
ill r purpose installing, constructing, maintaining,
o operating, to ` " and removing uu telecommunications,
HIM
described in a M including but not limited :
i
. . Any and all antenna(s), or grids as Tenant may deem
appropriate.
2.2. Transmission lines and u d grounding hardware.concrete pad and a communications shelter ('Communication Shelter")
wicontaining, thout limitation, telecommunications equ ment u w base
o " wireless communication " " r � " )
j and accessories.
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. . emergency generator located,
Vu u" within the
Communications, Sbed r, adjacent to the Communications Shelter or within a se arate
shelter , a tegenerator r" r
(gasoline, diesel, butane,, rap e, LPG or other) b located
inside r outside
IN
the r " in accordance with b building codes.
communications d lighp
For the purposes of this Lease, all, of Tenant's above-described equipment
antennas, dishes, lines,, switches, power supplies, batteries, Communications Shel r,
u rator" generator shelter, Tower,, accessories, and necessary appurtenances will be
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referred to herein collectively as the"Communications Facility".
The above-described concrete pad, Communications Shelter, equipment contained
therein, generator, and lines and equipment may be installed by Tenant or by any of
Tenant's agents or contractors. Tenant has the right, to make alterations to the
Communications Facility from time to time as Tenant determines to be necessary or
desirable.
3. TERM
3.1. Primary Term
The primary term (Trimary Term") of this Lease will be for five (5) years, and
will commence upon the date of fuU, execution of this tease by both parties hereto
('Commencement Date"') and will to inate at 11:59 p.m. on the date being five ( years
therefrom, unless sooner terminated as provided herein.
3.2. Extended '" errn
Tenant is granted the option to extend the Primary Term of this Lease for four (4)
additional periods of five (5) years each ("Extended Term"), provided Tenant is not then
in default under this Lease. Each of Tenant's options to extend will be deemed
automatically exercised without any action by either party unless Tenant gives written
notice of its decision not to exercise any option(s) to Landlord before expiration of the
then current term.
4. RENT
Tenant agrees to pay Landlord the annual sum of Seven Thousand Two Hundred
Dollars ($7,200,00) ("Rent"), payable in advance, beginning on the first (1st) day of the
calendar month following the replace ment/construct,ion of the Tower and
installation construction of the Communications Facility and on or before such date of
each and every calendar year during the Primary Term and each Extended Term, with
the rent during each Extended Term being increased fifteen percent (15%) over the
previous Primary Term or Extended Term, Rent will be paid to Landlord at its address
designated in Section 8.
In lieu of the payment of rent in the form of monetary compensation,
Landlord and Tenant agree that Landlord shall have the option to acquire Sprint P'CS
phones and service at an amount and rate mutually agreed upon by Landlord and
Tenant:, whereupon, at such time, the agreed cost and terms and conditions of such
equipment and services will offset the amount of monetary compensation currently
required under this Agreement. ' The credit for equipment and services is subject to full
and final negotiation and mutual agreement of the terms and conditions of such barter
rental.
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5. ACCESS AND UTILITIES
Landlord grants to Tenant, for use by Tenant, its employees, agents, contractors
and by utility companies,, an easement and license over, under, upon and across the
adjoining lands of Landlord, and ri,ghts-of-way or easements owned or leased by
Landlord, on a twenty-four (24) hour daily basis, for (i) ingress and egress to and from
the Premises and the Communications Facility the "Access Easement"), and (ii) the
installation, operation and maintenance of necessary utilities for the Premises and the
Communications Facility (the "Utility Easement"). If reasonable in Tenant's opinion,
such Access Easement and Utility Easement will be over and he within existing roads,
parking lots andJor roads hereafter established by Tenant. Tenant, may improve the
Access Easement by grading, graveling and/or paving. The Access Easement and Utility
Easement, to the extent further identified, is more particularly described on Exhibit B.
Tenant will, notify Landlord of any change in the par6cular location of any Access
Easement or Utility Easement, if such differs, from the descriptions on Exhibit B hereto.
6. UTILITIES
Tenant will be solely responsible for and promptly pay an charges for gas,
electricity, telephone service, or any other utility used or consumed by Tenant on the
Premises. If necessary,, Tenant will have a meter installed at the Premises for Tenant's
utility use, and the cost of such meter and of installation, maintenance, and repair
thereof will be paid for by Tenant. Tenant may install or improve existing utilities
servicing the Communications Facility and may install an electrical grounding system or
improve any existing electrical grounding system to provide the greatest possible
protection from lightning damage to the Comm unicat,ion s, Facility.
7. HOLDING O,VFR
If Tenant holds, possession of the Premises or any portion thereof after the date
upon which the Premises are to be surrendered, Tenant will become a tenant on a
month-to-month basis upon all the terms, covenants, and conditions of this Lease except
those pertaining to the Lease term and, during any such month-to-month tenancy,
Tenant will pay monthly rent in an amount, that is one-twelfth (1/12th) of the Rent.
Tenant will continue occupying the Premises, from month•to-mont,h until terminated by
Landlord or Tenant by the giving of thirty (30) days" prior written notice to the other.
8. NOTI CE
All notices or demands are deemed to have been given or made when delivered in
person or mailed by certified, registered, or express mail, return receipt requested,
postage prepaid, United States mail, and addressed to the applicable party as follows:
Landlord. City of North Richland Hills
P.O. Box 820609
North Richland Hills, Texas 78162-06019
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Attention: Randy Shillet, Assistant City Manager
(8117)581-5505
j =
T n nt- Sprint Spectrum L.P.
Site* DA04XCM,
RI
1341 West Mockingbird Lane, Suite ' ,E
o .Dallas,, Texas 7' 247
Property Manager
Attention.
Hill
o Phone „ 1
Fax 214-6818-5883
Him with w Sprint Spectrum L.P.
4:7'17 Grand Avenue, Fifth Floor
Kansas City, MO 64112
Attention: Business Law Group
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A party may ch,ange its, address to notice d n u b n by
written notice thereof to, the other .
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1. LIABILITY BEM
1111111 o Tenant agrees to indemnify and save the l
(including efe n t such breach
of this by Ten t, or any negligent , negligent emission or nt cn tort of
Tenant or Tenant°a agente, employees, contractors, invitees, or licensees occurring
the t of this c about the �, Landlord .�� � save
Tenant harmless �m all claims (including coats or expenses of defending against such
claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent
omission or intentional tort, of Landlord or Landlord's agents,, employees,"
invitees, licensees. provisions this Section survive a t termination of this
contractors,
Leas,
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10. . TERhUNATION
10.1. In addition to the right to terminate granted in Section, 11 of t a se,
wmg
Tenant has the right to t . this, as at any time upon of the follo
events:
Upon providing
days prior written notice;
10.1.2.If the approval of any agency, bQard, court,, or other governmental
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authority necessary for the construction and/or opleration of the Communications
Facility cannot be! obtainod:, or is revoked, or if Tenant, in its sole discretion,
determines the, cost of obtaining such approval rohibitt e; or
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10J,3. If Tenant determines that the Premises are not appropriate for
locating the Communications Facility for technological reasons, including, but not
limited to, signal interference,
10.2. Tenant will give Landlord thirty (30) days written notice of termination of
this Lease under the terms of Section 10.1.2. and 10.1.3, above, Upon termination,
neither party will owe any further obligations under this Lease except for the
indemnities and hold harmless provisions in this Lease, the provisions of Section 19 of
this Lease, the prompt reimbursement of pro-rata prepaid rent and Tenant's
responsibility for removing all of the Communications, Facility from the Premises and
restoring the Premises to its condition as of the commencement date, of this Lease, as
near as practicable (save and except utilities and fences installed, access areas improved,
removal of vegetation for construction purposes, concrete pads and guy anchors installed,
items constructed or changed by any person(s) or entitys) other than Tenant, normal
wear and tear,, and acts beyond Tenant's control).
10.3. Other than the rights and manner of termination as outlined herein and as
contained elsewhere within this Lease,, Landlord acknowledge$ that Tenant's
Communication Facility will be used exclusively in rendering a public service subject to
the jurisdiction of the Federal Communications Commission ("FCC") and that Tenant's
Communication Facility may not be disconnected, interrupted or terminated in any
manner without the prior approval of the FM
11. DEFAULT
If Tenant fails to comply with any material provision of this Lease and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Landlord, Landlord may, at its option, terminate this, Lease without affecting its right to
sue for all past due rentals and any other damages to which Landlord may be entitled, If
any such default cannot reasonably be cured within thirty (30) days, Tenant will not be
deemed to be in default under this Lease if Tenant commences curing such default
within the thirty ( ) day period and thereafter diligently pursues such cure to
completion. If Landlord is entitled to collect or otherwise remedy said damages, and if
Landlord seeks enforcement of its rights through an attorney or other legal procedures,
Landlord is entitled to collect,, in addition to any other amounts owed, its reasonable
costs and attorneys' fees thereby incurred,
If Landlord-fails to comply with any material provision of this Lease, and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Tenant, Tenant may, at its option, cure the failure at Landlord's expense (which expense
may, at Tenant's option, be deducted from rent) or terminate this Lease without affecting
its right to demand, sue for, and collect all of its damages arising out of Landlord's
failure to comply, If any such default cannot reasonably be cured within thirty (30) days,
Landlord will not be deemed to be in default under this Lease, if Landlord commences
curing such default within the thirty (30): day period and thereaker diligently pursues
5
such cure to completion, If Tenant is entitled to collect or otherwise remedy said
damages, and if Tenant seeks enforcement of its rights through an attorney or other
legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its
reasonable costs and attorneys' fees thereby incurred.
The rights and remedies stated in this Lease are not exclusive and the parties, in
the event of a breach of this Lease or a dispute, are entitled to pursue any of the
remedies provided in this Lease,, by law, or by equity.
No course of dealing between, the parties or any delay on the part, of a party to
exercise any right it may have under this. Lease will operate as a waiver of any of the
rights provided hereunder or by law or equity, nor will any waiver of any prior default
operate as the waiver of any subsequent default, and no express waiver will affect any
term or condition other than the one specified in such waiter and the express waiver will
apply only for the time and manner,specifically stated.
12. TAXES
Unless separately billed to Tenant by a taxing authority, Tenant will pay annually
to Landlord an amount equal to any increase in real estate taxes attributable to any
improvement to the Premises made by Tenant, Tenant will pay to Landlord Tenant's
share of any such tax within sixty (60) days of receipt of sufficient documentation
indicating calculation of Tenant's share and payment of the real estate taxes by
Landlord. Landlord must pay annually when due all real estate taxes and assessments
attributable to the Premises, the Access Easement, the Utility Easement, and the tax
lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish
evidence of payment of such assessments and taxes, Tenant shall be responsible for the
payment of all personal property taxes levied upon its Communications, Facility,
inclusive of its equipment, contained therein.
1 . INSURANCE
13.1. Required Insurance of'Tenant
Tenant must, during the term of this Lease and at Tenant's, sole expense, obtain and
keep in force, not less than the following insurance.
1 .1.1.Property insurance, including coverage for fire, extended coverage,
vandalism and malicious mischief, upon the Communications Facility in an
amount not less than ninety percent (90%) of the full replacement cost of the
Communications Facility-,
13.1.2. Commercial General Liability insuring operations hazard,
independent contractor hazard, contractual liability, and product's and completed
operations liability, in limits not less than $5, O ,000 combined single limit, for
each occurrence for bodily injury, personal injury and property damage liability,
6
naming Landlord as an additional insured; and
13.1.3. Workers' Compensation and Employer's Liability insurance,
13.2. Policies of Insurance
All required insurance policies inust be taken out with reputable national insurers,
that are licensed to do business in the jurisdiction where the Premises are located. Tenant
will deliver certificates of insurance to the Landlord upon request. All policies must
contain an undertaking by the insurers to notify the other party in writing not less than
fifteen (15) days before, any material change, reduction in coverage, cancellation, or
termination of the insurance.
13.3. No Limitation On Liability
The provision of insurance required in this Lease shall not be construed to limit or
otherwise affect the liability of any party to the other party.
13.4. Release
Landlord and Tenant release each other, and their respective principals, employees,
representatives and agents,, from any claims for damage to any person or to the Property or
the improvements thereon that are caused by, or result from, risks insured against under
any insurance policies carried by the parties and in force at the time of any such damage
and any risks which would be covered by the insurance which such party is, required to
carry hereunder. Each party shall cause each insurance policy obtained by it to provide
that the insurance company waives all right of recovery by way of subrogation against the
other party in connection with any damage covered by any policy.
14. FIKTURES
Landlord covenants and agrees that no part of the uinprovements installed,
constructed, erected or placed by Tenant on the Premises or other real property owned by
Landlord will be or be'come, or be considered as being, affixed to or a part of Landlord's
real property; and any and all provisions and principles of law to the contrary
notwithstanding, it is the specific intention of Landlord to covenant and agree hereby
that all personal property and improvements of every, kind and nature installed,
constructed, erected, or placed by Tenant on the Premises, or other, real property owned
or leased by Landlord, will be and remain the property of Tenant despite any default or
termination of t Lease and may be removed by Tenant any time in Tenant's discretion
provided that Tenant at its expense restores the Premises pursuant to Section 10.2.
15. MEMORA.NDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises, Access Easement and
Utility Easement, Landlord will sign a Memorandum of Lease. Tenant, at its sole
expense, may record the Memorandum of Lease in the land records of the recording
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16. ASSIGNMENT AND SUBLETTING BY TENANT
Tenant aye without Landlord's rat, assign or sublet any or all of u t„
interest in this or any part thereof, oar any or all of n u 's right, title, and I
trust in and to or all of the Communications "ty„ to any party cou ,
controlled or in, common, rat l with Tenant or any party acquiring substantially
of the assets of Tenant or any entity whose primary business is the prop ion of IJ
commercial oboe radio service. l
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17. PER,MTS �
appropriate
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r l d t gat "eu t > t` t� :is
governmental agencies for the purposes of obt and approvals,
zoning cages and/or approvals,als, v ariunce , use permits, and other governmental
permits, and approves (collectively,, "Permits') neesssary for the installation, r
construction, a parati ra and maintenance of the Communications Facility. Landlord
,agrees, to fully cooperate with Tenant iobtaining the Permits and, wit,hout limiting the
generality a the foregoing, to execute auy applications, maps, certificates or other
documents that may be required in connection with the Permits.
DEBTSECURITY
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Tenant may,without Landlord's consent, pledge, mortgage, convey by deed of ,et
or security deed,, assign, create r at in, or otherwise execute and deliver
any d all instruments for the purpose of securing bona fide indebtedness any or all of
Tonant's interest in this se, any thereof, and uy, and all of Tenanes right, title,
and interest in u and all of the Co " ns Facility. on is
or Temanes lenders request, Landlord shall execute deliver, and shall assist °n
facilitating the execution and delivery of, all documents ents request d by any of Tenant's
lenders including taut not, limited to aivera, Landlord'" right to levy or dis rain upon �l
0
for resat any of en a is property givan as security for a debt, consents, that none of the
Communications Facility usher become Mures„ consents to giving notice to 'Tenant's l
leader(s) the event of Tenant's default under the provisions of this , consents to %r
Tenant's assignment to and lender(s) of an and all of "onana's interest in or to this
Lease i
d the Communications a ° it„ and nondisturbance agreements ord
and Landlord's le
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^ , ENVIRONMENTAL MATTERS
Landlord a , protect, defend, and hold harmless Tenant from and
against all claims, suits, actions, causes of action, aisessments, losses, e ialties„ wets, t
damages d expenses,, including,, wit cut limitation, attorneys's' s, sustained or
incurred Tenant pursuant any a rel, state r laws, implementing
regulations, common or otherwise, dealing "t' matters relating to the environment,
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hazardous, substances, toxic substances andior contamination of any type whatsoever
(collectively, "Hazardous Substances") in, upon or beneath the Premises, Access
Easement or the Utility Easement, provided this indemnification shall not apply with
respect to any Hazardous Substances released by Tenant.
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Tenant will indemnify, protect, defend and hold harmless Landlord from and
against all, claims, suits, actions, causes of action, assessments, losses, penalties, costs,
damages and expenses, including, without limitation, attorneys' fees, sustained or,
incurred by Landlord puxsuant to any federal,, state or local laws, implementing
regulations, common law or otherwise dealing with matters relating to Hazardous
Substances, released by tenant in, upon or beneath the Premises, Access Easement or
Utility Easement.
20. FENCES
a
During the Primary Term and each Extended Term, Tenant shell fence in that
portion of the Promises as, Tenant determines, is reasonable for the proper and efficient
operation and protection of the Communications, Facility.
21. TITLE
Landlord represents and warrants to Tenant that Landlord has good and
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marketable title to the Premises, Access Easement and Utility Easement, free and clear
of all liens, encumbrances and exceptions, except those of record on, the date, of this Lease
Agreement, of duration and quality equal to that conveyed to Tenant by this Lease. IN
Landlord shall warrant and defend the same to Tenant against the claims and demands
of all persons and entities.
22. CONDEMNATION OF PRE
MISES
If any governmental, public body or other condemning authority takes,, or if
Landlord transfers in lieu of such taking, all or part of the Premises, Moses Easement or
Utility Easement thereby making it physically or financially infeasible for the Piemises,
to be used in the manner intended by the Lease, Tenant shaH have the right to terminate
Maas Lease effective as of't,he date of'the taking by the condemning party and the rental
shall be prorated appropriately. If only a portion, of the Premises,, Access Easement or
Utility Easement is, taken, and Tenant does not elect to terminate this Lease under this
provision, 'then the Lease,shall continue but rental payments provided under this Lease
shall abate proportionately as to the portion taken which is, not then usable by Tenant,
and Landlord shall make all necessary repairs and alterations to, restore the portion of
the Premises, Access Easement and Utility Easement remaining to as near their former
condition as circumstances, will errait (at a cost not to exceed Landlord's proceeds from
p
saidcondemnation or transfer).
NINE
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23. QUIET ENJOYMENT
Landlord covenants that Tenant, upon paying the! rent and observing the other
covenants and conditions herein upon its part to be observed, will peaceably and quietly
hold and enjoy the right to use the Premises, Access Easement and Utility Easement on
the terms and conditions and for 'the purposes stated herein during the term of this,
Lease, as it may be extended, without hindrance, ejection or molestation, by Landlord or
any persoin(s)or entity(ies)claiming under the Landlord.
24. CONTINGENCIES
Notwithstanding anything contained herein to the contrary, and in addition to and
not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's
obligations, under this Loease are co,nditioned upon:
24.1. Tenant's satisfaction with the status of title! to the Premises 'and, at
Tenant's option, Tenant's receipt of a leaseholid title insurance policy insuring its
leasehold interest in the Premises, in form and substance satisfactory to Tenant.
Landlord shall execute the standard form of title company affidavit in order to enable
Tenant, to obtain title insurance on the Premises free and clear of all exceptions other
than those which have been disclosed in writhag to Tenant and which do not interfere
with Tenanes, use of the Premises; and
24.,2. Lan(flord's,obtaining and furnishing to Tenant:
24.2,.1.A non-disturbance agreement AWY executed and in recordable form
between Tenant and the holder of any mortgage, lion, encumbrance, estate or any
other prior interest in the Premises, Access Easement, or Utility Easement
("S�uperior Interest Holder"); and
24.2,.2.A written consent to this Lease executed by any Superior Interest
Holder, all in form and substance reasonably satisfactory to Tenant; and
24.3. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility
of engineering,, installing, constructini and operating, the Communication's Facility:
Tenant's receipt of all necessary or appropriate building and construction plermits and sill
licenses, permits, approvals and consents from all applicable governmental authorities
necessary or appropriate: for Tenant, to use and operate the Comm unication's Facility on
the Premises.
Tenant is hereby given as the right to survey,, soil test, radio, coverage test, and to
conduct any other investigations needed to determine if the surface and location of the
Premises are suitable for Tenant's use intended bly thit Lease.
INTERFERENCE L
Landlord w i not permit or suffer the instaJlation and x°step other
improvement i l '" , without limitation, transmission r reception upon the
Premises, or aA r adjoining real propel of Landlord, if such improvement t rfere f
with transmission or reception e n nea Communications " "ty in r r
whatsoever.
26. ITEMSTO BE DELIVERM TO N %
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Wit ) days following thelast date of execution of this 'ord
shall, to the xt t available, deliver tol'Tenant an, accurate of engineering �
reports, environmental ,audits, surveys, plats, plate, blueprints and other &awings
relating to the Premises.
2 . COMPLIANCE
Landlord represents and warrants that all operations x u ! by Landlord in
connection with the Property meet all applicable state, federal, county and local codes �
and regulations. Landlord agrees that it will conduct sots operations in the future in
accordance with all such sodas and regulations. Landlord is not required to obtain any
consent under any ground lease, mortgage, deed of trust or other, instrument
encumbering the Property order for Tenant to construct, operate,rate, tai or access
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the Communications Fa " ity,,
During the term of thaws Lem, Tenant will comply with all applicable la s relating
�<
to Tenant's apse of the Premises including, tha t limitation, posting requirements of
the Federal a n °o do a son. Tenant will not commit or suffer to be
committed any masts on the Premises or any nuisance. fJ
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Tenant shall keep the Premises free from any liens arising out, of any ork
performed, a; is furmished or obligations incurred by or on, behalf ofTenant and
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shall indema*, defend and hold Landlord harmless claims, costs, and liabilities,
including re ,gab attorneys' fees and casts, in connection, with or, arming out of any
such hen or claim of lien. Tenant shall cause any hen ini pos ad on the Premises to r
be released of rd by payment or posting of a proper hond within t (30) days after 1
written quest by Landlord,.
29. SUBORDINATION
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Tenant awes that this Lease shall ll tae subject and subordinate to any mortgages
or deeds of trust now or hereafter placed upon, the Premises and to all modifications
thereto, provided that 'Tee Vs possession o the Premises shall not be disturbed so long
a s Tenant continues to perform its duties and obligations under thaws Lase and Tenant's r
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obligation to perform such duties and obligations shall not be in any way increased or its
rights diminished by the provisions of this paragraph. Tenant agrees to attorn to the
mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the
purchaser in a sale pursuant to the foreclosure thereof, or any other transfer in lieu of
foreclosurs; provided that, Tenant's possession of, and leasehold interes,t in and, to the
Premises,, shall not be disturbed so long as Tenant shall continue to perform its duties
and obligations under this Lease.
Any sale, transfer or assignment of Landlord's interest herein in and to the
Premises other than to, Tenant, shall be subject to this Lease and Tenant's rights and
interest hereunder such that sameshall not be disturbed.
30. ENTIRE AGREEMENT AND BINDING EFFECT
This Lease and any attached exhibits and nondisturbance and attornment,
agreement(s) mentioning this Lease, constitute the entire agreement between Landlord
and Tenant; no prior written promises or prior, contemporaneous or subsequent oral
promises or representations will be binding. This Lease, will not be amended or changed
empt by written instrument signed by the parties hereto. Section captions herein are!
for convenience of reference only and neither limit nor amplify the provisions of this
Lease. The invalidity ofany portion of this Lease shall not have any effect on the
balance thereot The provisions of this Lease shaJ1 be binding upon and inure to the
benefit of the heirs, executors, administrators, successors, and assigns of Landlord and
Tenant. Each p�arty hereto represents and warrants, that it has authority to enter into
this, Lease and shaU be bound hereto by the signature of its duly authorized
representative below.
$1. GOVERNING LAW
This Lease shall be governed by and in accordance with the laws of the state in which
the Premises,are located.
32., rMSC�ELLANEOUS
32,.1 Landlord represents and warrants that Landlord has full authority to enter
into and execute this Lease and has good and indefensible title to the Premises. The
person executing on behalf of Landlord represents individually that such person has the
authority to execute this, Lease on behalf of'Landlord.
32.2 Tenant represents and warrants that it is duly authorized to do, business in
the state in which the Premises are located and that the undersigned is fully authorized
by Lessee to enter into this Lease on behalf of Tenant
32,.3, In the event of termination of this Lease Agreement pursuant, to either (i)
Tenants default and failure to cure same within the applicable cure period, (ii) Tenant's
exiercise of its right of early termination, (iii) Tenant's notice of'its right not, to, renew this
12
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Lease Agreement, (iv) expiration of any term or extended term of this Lease Agreement,
without ranewal; or (v) any termination or expiration oft Lease Agreement pursuant
to the terms and conditions contained herein, then landlord shall, at its option, have the
right to either purchase the Tower, whereupon Tenant shall transfer, sell and assign all
of its right, title and, interest in, and to said Tower to Landlord in consideration of
payment of the purchase price of One ($1.00) Dollar or require Tenant to remove the
Tower inaccordance with Section 10 hereof; In the event Landlord desires to purchase
the Tower, Landlord shall exercise! such right by providing Tenant written notice thereof
within ten (10) days of the expiration or termination of this Lease Agreement.
Pursuant to Landlord"s timely request, Tenant shall transfer, sell and assign said
Tower to Landlord, free off'any Liens. Landlord shall take said Tower "as is and with all
faulW, without any warranty, whether expre,ss or implied, including, without limitation,
M
the condition of the Tower (including, without limitation, any implied or expressed
warranty of merchantability, fitness for a particular purpose, conformity to models or
samples of m,aterials, environmenW or geological conditions). Tenant expressly
disclaims and negates, and Landlord hereby waives said implied and expressed walTanty
as described and illustrated above including, without hmitation, any claim for damages
because of any latent or patent defects or other defects, whether known or unknown.
32.4.Tenant shall use its reasonable efforts in complying with landlord's request to, IS
attach Landlord!s communication equipment to the Tower at a level mutually agreed
upon by Tenant and Landlord. Tenant shall attach its communication p tfDrm and
antennas at the seventy-five (75) foot level. Prior to leasing space upon, the Tower to any
third party and if ors "s equipment is not then, attached to the Tower, Tenant shall
provide written notice to landlord prior to entering a sublease agreement so as to allolw
Landlord the, right off'first refusal to attach Landlord"s equipment at, the level offered to
the third party. Landlord shaU have five (5) days from the receipt of such written notice If
to exercise its right of first refusal by written notice to Tenant or same shall be deemed
waived.
32.5. Landlord's right to attach, its equipment to the Tower is subject to and
coI
n ditions upon the structural integrity of the Tower and the interference provisions and
obligations,contained in Section 25 of"tbe Lease Agreement. Any judgment in connection
with the structural inte Mty of theTower or interference protection shall, be that of
Tenant's exercised in its reasonable discretion. Any use of the Tower by Landlord shall
be conditions upon said use not interfering with Tenant's or, any other, prior third party
users,of the Tower.
32.6. Tenant assumes no responsibility for the operation, licensing andlor
maintenance of Landlord's communication equipment or Landlord's activities in
connection with the Tower. Landlord shall submit any and all construction drawings,
plans and specifications to Tenant, for Tenant's approval prior to any construction
activity of Landlord, Such approval, shall not 'be unreasonably withheld or denied.
Landlord shall pay the cost of its utility service.
13
32.7. Landlord shall only use qualffied contractors and personnel with respect to
Landlord's initial constructiordinstaUation of its communication equipment and also with
respect to an maintenance, repair, improvements and replacements, thereto,, No
materials may be used in the installation/construction of Landlord's equipment or
transmission lines that, will cause corrosion,, rust, or deterioration of the To or its
appurtenances, Landlord's equipment must be ident,ified by a metal tag fastened
securely to its bracket on tie 'Tower and the transmission lines are to be tagged at the
top and bottom of the! runs. All of the foregoing shall, be one at Landlord's, sole risk,
cost, and expense,
32.8. Landlord shall not alter or 'modify its initial installation of equipment
without the prior written approval,of Tenant, with such approval not to be unreasonably
withheld or delayed.
32.9. In the event Tenant subleases space on the Tower, to a third party, other
than a party controlled by,, controlling or in common control with Tenant, then Tenant
shall pay to hwdlord, as additional compensation hereunder, an amount equal to Three
Hundred ($300.00) Dollars per month for each said sublessee during t. a term of the
particular sublease. The above-referenced additional compensation shall remain
constant through the Primary Term and any Extended Term and not subs to any
escalation clauses contained herein.
IN WITNESS WHEREOF, Landlord and Tenant have signed this Leabe as of the
date and,year first abovewritten.
TENANT': LANDLORD:
SPRINT SPECTRUM L.P. The City of North Richland, Hills
BY:
Jack Hyndman
Director, Engineering and
Network Operations Title: ---JM�40E_
Date: Da 10/13/97
Federal Tax Identification Number �r
(Amw Gompkk-lUx M#&qWrd)
Site DA I 3XCM
41 Oka"9 1 6,doe
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Site I.D. DA13XCIU
LEGAL DESCRIPTION
North Richland l
Hills Tarrant
Sato situated in or Haag the City (4' ,UztY Of Stats, of
commonly� deed as fps:
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Lot I Bl 1, Civil Centre AddIftion to the,C4 of North Richland Hill
Tarrant County, Texas.
Owner Ini"i I -Date-,
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Date Revised rr
Owner and "a option, the g do
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SKETCH OF SITE
Sita situated an or near the Katy of 115 County of j&IT State of Temai. dea rwbed as
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Note- Owner and SST way,at SSLP'a option,replace tfaia Exhibit'w atfa an exhibit setting fdrtb the legal,descr ption
of the property on which the Site is located and)'or an aa-built drawing depicting the Site.
t:c�arnf a r. tPa6 da
1'1'31/9r
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. C.0
PUBLIC HEARINGS
No items for this category.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. D.0
PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. E.0
PUBLIC WORKS
No items for this category.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. F.0
GENERAL ITEMS
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. F.1
Election of Mayor Pro Tem
Presenter: Monica Solko, Assistant City Secretary
Summary:
The Mayor Pro Tem is elected following the canvass and at the first regular meeting
following the election.
General Description:
The Charter states that the Mayor Pro Tem shall be selected from the seven council
members at the first regular meeting following the city's general election. The regular
meeting for May 26 was rescheduled to May 19 because of the Memorial Day holiday.
Since the May 19 meeting is essentially a regular meeting, it is recommended that
Council proceed with electing a Mayor Pro Tem at this Council meeting.
Recommendation:
To elect a Mayor Pro Tem.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. C.0
EXECUTIVE SESSION ITEMS
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. C.1
Action on Any Item Discussed in Executive Session Listed on Work
Session Agenda
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. H.0
INFORMATION AND REPORTS
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. HA
Announcements - Councilman Lombard
Announcements
This week is National Public Works Week, a time to recognize the many contributions
that Public Works employees make in our community. Public Works employees are the
unsung heroes who build and maintain our city's infrastructure, such as streets and
sidewalks; traffic signals and signs; and our water, sewer and drainage systems. The
health, safety and comfort of our community is greatly dependent on the services that
Public Works employees provide. In honor of National Public Works Week, we
recognize the employees of the North Richland Hills Public Works Department and
thank them for their dedicated service to our community.
City Hall and other non-emergency City offices will be closed on Monday, May 26th, for
the Memorial Day Holiday. The NRH Centre, Iron Horse Golf Course and NRH20
Family Water Park will be open on Memorial Day. Garbage and recycling will be
collected as normal.
Keep NRH Beautiful invites you to participate in the "I Dig My Garden" Photo Contest
now through July 31 st. Entry forms are available at City Hall, Neighborhood Services
and online at www.nrhtx.comlphotocontest. Winning photos will be displayed on the
city's website and the winner will receive a $25 gift card from a local nursery. For more
information, contact Debbie York at 817-427-6650.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
David Simmons of the Fire Department — A citizen called to express thanks and
appreciation for David who came to her rescue after a recent meeting at City Hall.
Following the meeting she discovered she had low tire pressure. David not only put air
in her tire, he led her through the confusing highway construction zone so she could get
back home. She greatly appreciated his kindness and help. David exemplifies the spirit
of public service and is an asset to the community.
NRH
COUNCIL MEMORANDUM
From: The Office of the City Manager Date: 5-19-2014
Subject: Agenda Item No. H.2
Adjournment