Ordinance No. 10,901ORDINANCE NO. 10,901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A SITE LEASE AGREEMENT WITH CROWN
CASTLE GT COMPANY LLC, FOR THE MAINTENANCE OF ANTENNA
FACILITIES AT THE JAMES STREET WATER TOWER SITE; AND
PROVIDING FOR TFIE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute a Site Lease Agreement with Crown Castle GT Company LLC, for
the maintenance of antenna facilities at the .lames Street Water Tower site. A copy of said
agreement is attached hereto, marked Exhibit "A" and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
City of Baytown this the 19th day of May, 2008.
the City Council of the
PHEN-fTDONCARLOS, Mayor
ATTEST:
KAYTHlE DARNELL, City Clerk
APPROVED AS TO FORM:
AGIO RAMIREZ, SR., p\% Attorney
R:\Karen\Files\CityCouncil\Ordinances\2008\May l9\CrovviiCasileSitcl.castfOrdiriimcc.doi;
Exhibit "A"
SITE LEASE
THIS SITE LEASE (this "Lease") is by end between City of Boytown ("Landlord") and Crown Castle OT Company
LLC, a Delaware limited liability company, with its principal offices located at 2000 Corporate Drive, Canonsburg, Pennsylvania
15317 (Tenant").
1. Property, Landlord hereby grants to Lessee for Lesee's non-exclusive use certain portions of real property (hereafter
referred to as "the Property11) during the term of this Lease. The Property to be used by Tenant is more particularly
described on Attachment "A" which is incorporated herein by reference for all intents and purposes.
2. Iqhl.
a. The initial term of this Lease shall be five (S) years commencing on the date of full execution of this Lease
by both parties (hereafter referred to as "Commencement Date") and will terminate at 11:59 p.m. on the date
being five (5) years from the Commencement Date, unless sooner terminated as provided in this Site Lease
(the "Initial Term").
b. Tenant shall have the right to extend this Lease for one (1) additional, five-year term ("Renewal Term1*);
provided that the Tenant is not in default of any of the provisions of this Lease at the time of renewal The
Renewal Term shall be on the same terms and conditions as set forth herein, except that Rent shall be
increased by 15 percent (15%) of the Rent paid over the preceding term. This Lease may be renewed by the
Tenant for the Renewal Term. In each case, the option to renew may be exercised only if (i) Tenant gives
Landlord written notice of Tenant's intention to renew the Lease at least ninety (90) days before the
expiration of the then-current term, and (li) Tenant is not in default of any provision under this Lease at the
time such notice is given and at the time of renowal. All of the terms and conditions hereof shall apply
during the Renewal Term, unless otherwise modified in writing by the parties hereto.
c. Within thirty (30) days after the expiration of this Lease, Tenant shall surrender to the Landlord possession of
the Premises and Tenant shall remove the antennas and other personalty owned by Tenant which are not
required to be conveyed to the Landlord in accordance with Section 16. Tenant shall leave the surrendered
portion of the Premises, including the improvements thereon, in a good condition subject to ordinary wear
and tear as determined at the sole discretion of the City Manager. Tenant shall be responsible for all damage
to the improvements and the Premises occasioned by such removal. All property that Tenant is required to
surrender shall become Landlord's property at the expiration of the Lease. All property that Tenant is not
required to surrender but that Tenant fails to remove within thirty (30) days after expiration of this Lease
shall be deemed abandoned, and Landlord, at its election, has the right to take possession of such property or
charge Tenant for the removal or demolition of the same. Any holding over by Tenant after expiration shall
not constitute a renewal or extension or give Tenant any rights in or to the Premises. If Tenant and Landlord
are in good faith negotiations for an extension of the Lease or for a new lease, which negotiations shall in no
event exceed sixty (60) days. Tenant shall pay, as liquidated damages, the then current fair market rental
value of the Premises and the improvements thereon, as determined by the Landlord, calculated on a per diem
basis, multiplied by two (2) for the period during which Tenant possesses the Premises beyond the expiration
hereof. Such amount is reasonable in the light of the anticipated or actual harm to Landlord caused by the
Tenant's holding over, the difficulties of proof of loss, and the inconvenience of otherwise obtaining an
adequate remedy.
d. Within thirty (30) days after the termination of this Lease, Tenant shall surrender to the Landlord possession
of the Premises and Tenant shall remove the antennas and other personalty owned by Tenant which is not
required to be conveyed to the Landlord in accordance with Section 16. Tenant shall leave the surrendered
portion of the Premises, including the improvements thereon, in a good condition subject to ordinary wear
and tear as determined at the sole discretion of the City Manager. Tenant shall be responsible for atl damage
to the improvements and the Premises occasioned by such removal. All property that Tenant is required to
surrender shall become Landlord's property at the termination of the Lease. All property that Tenant is not
required to surrender but that Tenant fails to remove within thirty (30) days after termination of this Lease
shall be deemed abandoned, and Landlord, at its election, has the right to take possession of such property or
charge Tenant for the removal or demolition of the same.
3. Eermittcd Use. The Premises may only be used by Tenant for the transmission and reception of radio communication
signals and for the operation, maintenance, repair, removal or replacement of related facilities, tower and base,
antennas, microwave dishes, equipment shelters and/or cabinets as the same exist on the effective date of this Lease and
as more particularly described in Exhibit "B." No other uses shall be permitted on or within the Premises. It is
expressly understood and agreed that the Tenant shall not use the Premises for any unlawful purpose in violation of any
Site Lease. Page 1
valid and applicable law, regulation, or ordinance of the United States, the State of Texas, or the City of Baytown or
other lawful authority having jurisdiction over (he Premises, but rather shall conform to all such laws, regulations and
ordinances. Tenant shall not cause, permit or suffer any waste, damages, or injury to, any portion of the Premises.
Tenant shall not use the Premises unless and until the Landlord has approved in writing the Tenant's use and facilities,
even if the same are merely replacement facilities,
4. Rent.
(a) Tenant shall pay Landlord, as rent, SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($750.00) per
month ("Rent11). Rent shall be payable within twenty (20) days following the Commencement Date prorated
for the remainder of the month in which the Commencement Date falls and thereafter Rent will be payable
monthly in advance by the fifth day of each month to City of Baytown at Landlord's address specified in
Section 11 below. If this Lease is terminated at a time other than on the last day of a month for a reason other
than a default by the Tenant, Rent shall be prorated as of the date of termination and all prepaid Rent shall be
refunded lo Tenant
(b) If Tenant subleases space within the Premises to any additional Carrier, the monthly Rent thai Tenanl pays
Landlord shall be increased by FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per additional Carrier,
prorated for any partial months, and any such Rent increase shall be effective as of the commencement date of
the additional Carrier's sublease with Tenant. Tenant shall provide written proof, satisfactory to the
Landlord's City Manager, of the additional Carrier's sublease with Tenant and of the effective date of the
same within ten (10) days of such effective date. If Tenant's sublease with any additional Carrier expires or
terminates for any reason, the monthly Rent that Tenant pays Landlord pursuant to this provision solely with
respect to such expiring or terminating Carrier's sublease shall cease effective as of the termination date of
the sublease or the date that the Carrier's antenna facilities are removed from (he Premises, whichever is
later. Tenant shall provide written proof of the termination, satisfactory to the Landlord's City Manager, of
the sublease of any additional Carrier. As used herein, "Carrier" shall mean any PCS, Cellular, or ESMR
provider or paging company, but shall not mean any governmental entity. Any additional third-party Carrier
shall be bound by the terms and conditions of Section 5 of this Lease and shall in no way interfere with the
use of the Property by the Landlord, or lessees or licensees of the Landlord with rights in the Property prior m
time to this Lease. Tenant may sublease the Premises without Landlord's consent to any Carrier (as defined
herein), but Tenanl will provide Landlord written notice of any such sublease. Any other sublease of the
Premises by Tenanl will be subject to Landlord's prior written consent.
(c) Tenant's right to possession and all of Landlord's obligations hereunder are expressly contingent upon the
prompt payment of Rent, and the use of the Premises by Tenant is obtained only on (he condition that Rent is
paid on time. Payment of Rent is an independent covenant and alt monies received by Landlord shall be
applied first to non-rent obligations of Tenant and then lo Rent regardless of any notation on the check. At
any time after Landlord's receipt of a check from Tenant for Rent or for a maintenance.fee, such check is not
honored by the drawing financial institution due to insufficient funds or is otherwise dishonored twice for any
reason, Landlord may at any time thereafter, at Landlord's sole option, require that all Rent, maintenance
fees, and other sums due from Tenant hereunder be paid by electronic funds transfer. Failure to pay any Rent
or maintenance fee as and when required will not only be considered a breach of this Lease, but also result in
interest, as specified in Section 4(d), being charged on the delinquent rental and/or maintenance payments
commencing on the date the payment first becomes overdue.
(d) If Tenant is delinquent in the payment of any rental fees for 10 days or more, after receipt of written notice from
Landlord, Tenant agrees to pay in addition to such rental, interest on the delinquent amount at the rate established
by Section 2251.025 of the Texas Government Code.
5. Interference. Tenant and its sublessees shall not use the Premises in any way which interferes with the use of (he
Property by Landlord, or lessees or licensees of Landlord with rights in the Property prior in time to this Lease.
Furthermore, Tenant shall not permit any interference with the Landlord's antenna facilities placed on the any of
Tenant's tower facilities, whether by Tenant or any sublessee. Similarly, Landlord shall not use, nor shad Landlord
pennit its lessees, licensees, employees, invitees or agents to use, any portion of the Premises in any way which
unreasonably interferes with the operations of Tenant An unreasonable interference shall be deemed a material breach
by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference.
In the event any interference as prohibited herein does not cease within 72 hours, the parties acknowledge that continuing
interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights
that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately
upon written notice,
Site Lease Page 2
6. Improvements: Utilities: Access.
(a) Tenant shall have the right and obligation, at its expense, to maintain on the Premises, in accordance with
good engineering practices and with all applicable FCC roles and regulations, the Antenna Facilities.
(b) Tenant, at its expense, may restrict a third party's access to the Antenna Facilities in a manner which has
been approved in advance in writing by the Landlord. However, Tenant shall not have the right to prohibit or
otherwise restrict, the Landlord's access to the Antenna Facilities, as Landlord has the right to access and
inspect the Premises at all times during the Initial Term and any Renewal Term; provided that Landlord shall
make no hard electrical connections to Tenant's equipment.
(c) Tenant, shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the
Property in good repair and in a manner acceptable to the Landlord during the term of this Lease, normal wear and
tear and casualty exceptcd. Tenant shall keep (he Premises free of debris and anything reasonably determined by
the Landlord to be of a dangerous, noxious, or offensive nature or which would create a hazard or undue vibration,
heat, noise, or interference. Tenant shall promptly notify Landlord of any and all damages resulting from, arising
out of, or caused to the Premises and City property tan-rounding the Premises, including, but not limited to,
structural damages, electrical damages, damages to fencing, irrigation systems or landscaping caused by Tenant's
operations, or by Tenant, its officers, agents, employees and invitees. Tenant shall be solely responsible for (he
costs and the repair of all such damages and such repairs and/or replacements shall be completed within thirty (30)
days or such other time as agreed to by the parties and be acceptable to Landlord. The failure to successfully
complete repairs and/or replacements m a timely manner to the satisfaction of Landlord, and upon 30 days'
written notice, is grounds for termination of the Lease by Landlord.
(d) At Tenant's expense, Tenant may, subject to the Landlord's prior written approval, install utilities, and
improve the present utilities on the Property (including, but not limited to, the installation of emergency
power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility
service. Tenant shall install separate meters for utilities used on the Property by Tenant The installation,
maintenance and repair of such meters as well as the costs therefor shall be the responsibility of Tenant The
Tenant shall be responsible for and pay when due all bills or invoices for utilities used on the Property during
the Initial Term and the Renewal Term.
(c) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant a non-exclusive
license to use the Property for ingress, egress, utilities and access to the Premises adequate to install and
maintain utilities approved by the Landlord, which include, but are not limited to, the installation of power
and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the
Initial Term of this Lease and any Renewal Term; provided however, the location of such utilities and access
thereto is subject to the prior written approval of the Landlord's City Manager. The license provided
hereunder shall have the same term as this Lease.
(0 Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the Initial Term
of this Lease and any Renewal Term, except during a mandatory evacuation of the area in which the Premises
is located or other force majeure events.
(g) Tenant, at its sole cost and expense, agrees to install Landlord's initial cabling and antennas ("Landlord's
Facilities") on (he Tower on the Premises. The acquisition of such cabling and antennae shall be at
Landlord's cost
(h) After the initial installation of Landlord's cabling and antennas on the Tenant's Tower as provided in
subsection (g) of this section, Landtord shall be responsible for the maintenance of Landlord's cabling and
antennas. After the initial installation of Landlord's Facilities, Landlord and its contractors and
subcontractors must notify Tenant before doing any installation, upgrades, modifications, repair, maintenance
or other work on the Tower. After the initial installation of Landlord's Facilities, Landlord shall be solely
responsible for all costs and expenses relating to the operation, repair, maintenance and replacement of
Landlord's Facilities, including, without limitation, utility service charges. Landlord's contractors and
subcontractors who perform work on the Tower must obtain and maintain the same types and amounts of
insurance coverage that Tenant's contractors are required to maintain, and Tenant shall be named as an
additional insured on all liability policies maintained by Landlord's contractors and subcontractors and be
provided certificates of such insurance. Landlord will not be required to pay Tenant rent with respect to
Landlord's Facilities. Landlord warrants and represents to Tenant that only Landloni's approved contractors,
and not its employees or agents, will climb and perform any work on the Tower on behalf of Landlord.
7. TfflninBtion-Except as otherwise provided herein, this Lease may be terminated, without any penalty or further
liability as follows:
Site Lease. Page 3
(a) upon ten (10) days' written notice pursuant to Section 11 by Landlord if Tenant fails to cure a default for
payment of amounts due under this Lease within that ten (10) day period;
(b) upon thirty (30) days' written notice pursuant to Section 11 by Tenant, if Tenant is unable to maintain, or
otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or any
Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's
business; or
(c) upon ninety (90) days' written notice pursuant to Section 11 by Tenant if through no fault of the Tenant, the
Premises or the Antenna Facilities become unacceptable under Tenant's design or engineering specifications
for its Antenna Facilities or the communications system to which the Antenna Facilities belong.
8. Default and Right to Cun. Notwithstanding anything contained herein to the contrary and without waiving any other
rights granted to it at law or in equity, each party shall have (he right, but not the obligation, to terminate this Lease on
written notice pursuant to Section I) hereof, to take effect immediately, if the other party (i) fails to perform any
covenant for a period of thirty (30) days after receipt of written notice thereof to cure, or (ii) commits a material breach
of this Lease and fails to diligently pursue such cure to its completion after sixty (60) days* written notice to the
defaulting party.
If Landlord is compelled or elects to pay any sum of money or do any acts that require the payment of money by reason
of the Tenant's failure or inability to perform any of the provisions of this Lease after passage of any notice and cure
period provided under any other provisions of this Lease, Tenant shall, within ten (10) days of the demand therefor,
reimburse Landlord for such reasonable, actual sums, and all such sums shall bear interest at the rate specified in
Section 2251.025 of the Texas Government Code, as amended, from the date of expenditure until the date of such
reimbursement Other sums payable under this Lease that are not paid by Tenant when due shall bear interest at the
same rate from and after the payment due date until the date Landlord receives payment thereof.
9. Tflx.cs. Tenant shall pay any personal property tax, real property tax or any other tax or fee which arises out of or in
connection with the Tenant's use and occupancy of (he Premises and/or the presence or installation of the Antenna
Facilities of the Tenant or its sublessees until (i) the Tower and any related facilities are conveyed to and accepted by
the Landlord, and (ii) Tenant removes its Antenna Facilities from (he Premises in accordance with the terms of (his
Lease; provided, however, that Tenant shall pay its pro rata share of any such taxes prior to any conveyance to
Landlord. For all purposes of this Lease, any tax assessment or charge imposed upon the Antenna Facilities, whether
classified as real property or personal property, ehall be considered personalty taxes. Tenant shall make all such
payments directly to the charging authority prior to any delinquency and before any fine, interest or penalty shall
become due or be imposed by operation of law for their nonpayment. Tenant may challenge any personal property or
real property tax assessments (hat may affect Tenant. If Landlord receives notice of any personal property or real
property tax assessment against the Tenant, which may affect Tenant and is attributable to Tenant's use and occupancy
of the Premises and/or the presence or installation of (he Antenna Facilities, Landlord shall provide timely notice of the
assessment to Tenant sufficient to allow Tenant to contest to or challenge such assessment. Further, Landlord shall
provide to Tenant upon request any public information requested by the Tenant subject to the fees specified in Section
2-*16 of the Code of Ordinances, Baytown, Texas. If the Tenant contests any lax, assessment or charge, the Tenant
may, unless otherwise required by law, withhold or defer only that portion of the payment, which is the subject of
Tenant's contest, or pay under protest Prior to the date any contested taxes, assessment, or charge shall become due, (he
Tenant shall perfect its contest of any tax, assessment or charge and advise the Landlord in writing that the Tenant has
contested the same and the ground.
10 Insurance. Release, and Indemnification.
(a) Disclaimer of Liability: Landlord shall not at any time be liable for injury or damage occurring to any person
or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use,
operation, condition or dismantling of the towels) or Tenant's Antenna Facilities.
(b) Indemnification:
TENANT SHALL, AT ITS SOLE COST AND EXPENSE, INDEMNIFY, HOLD
HARMLESS, AND DEFEND LANDLORD, ITS OFFICERS. BOARDS,
COMMISSIONS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS
(HEREAFTER REFERRED TO AS "INDEMNITEES"), FROM AND AGAINST:
(I) ANY AND ALL LIABILITY, OBLIGATION, DAMAGES, PENALTIES,
CLAIMS, LIENS, COSTS, CHARGES, LOSSES AND EXPENSES
Site Lease. Page 4
(INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND
CONSULTANTS), WHICH MAY BE IMPOSED UPON, INCURRED BY OR
BE ASSERTED AGAINST THE INDEMNITIES BY REASON OF ANY
ACT OR OMISSION OF TENANT, ITS PERSONNEL, EMPLOYEES,
AGENTS, CONTRACTORS, OR SUBCONTRACTORS (HEREINAFTER
REFERRED TO AS "INDEMNTTORS"), RESULTING IN PERSONAL
INJURY, BODILY INJURY, SICKNESS, DISEASE OR DEATH TO ANY
PERSON OR DAMAGE TO, LOSS OF OR DESTRUCTION OF TANGIBLE
OR INTANGIBLE PROPERTY, LIBEL, SLANDER, INVASION OF
PRIVACY AND UNAUTHORIZED USE OF ANY TRADEMARK, TRADE
NAME, COPYRIGHT, PATENT, SERVICE MARK OR ANY OTHER
RIGHT OF ANY PERSON, FIRM OR CORPORATION, WHICH MAY
ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH THE
CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, USE
OR CONDITION OF THE PROPERTY OR TENANT'S ANTENNA
FACILITIES OR TENANT'S FAILURE TO COMPLY WITH ANY
FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE OR
REGULATION; PROVIDED, HOWEVER, THAT THE INDEMNITIES
PROVIDED BY TENANT HEREUNDER SHALL NOT EXTEND OR
APPLY TO CLAIMS, CAUSES OF ACTION, DAMAGES, PENALTIES,
LIENS, OBLIGATIONS, COSTS, LIABILITIES OR EXPENSES WHICH
ARE CAUSED BY OR RESULT FROM THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF LANDLORD'S CONTRACTORS WHILE WORKING
ON LANDLORD'S FACILITIES ON THE TOWER;
(II) ANY AND ALL LIABILITIES, OBLIGATIONS, DAMAGES, PENALTIES,
CLAIMS, LIENS, COSTS, CHARGES, LOSSES AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER
CONSULTANTS), WHICH ARE IMPOSED UPON, INCURRED BY OR
ASSERTED AGAINST THE INDEMNITEES BY REASON OF ANY
CLAIM OR UEN ARISING OUT OF WORK, LABOR, MATERIALS OR
SUPPLIES PROVIDED OR SUPPLIED TO TENANT, ITS
CONTRACTORS OR SUBCONTRACTORS, FOR THE INSTALLATION,
CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF THE
PROPERTY OR TENANT'S ANTENNA FACILITIES, AND, UPON THE
WRITTEN REQUEST OF LANDLORD, TENANT SHALL CAUSE SUCH
CLAIM OR UEN COVERING LANDLORD'S PROPERTY TO BE
DISCHARGED OR BONDED WITHIN THIRTY (30) DAYS FOLLOWING
SUCH REQUEST; AND/OR
(HI) ANY AND ALL LIABILITY, OBLIGATION, DAMAGES, PENALTIES,
CLAIMS, LIENS, COSTS, CHARGES, LOSSES AND EXPENSE
(INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND
CONSULTANTS), WHICH MAY BE IMPOSED UPON, INCURRED BY OR
BE ASSERTED AGAINST THE INDEMNITEES BY REASON OF ANY
FINANCING OR SECURITIES OFFERING BY TENANT OR ITS
AFFILIATES FOR VIOLATIONS OF THE COMMON LAW OR ANY
LAWS, STATUTES, OR REGULATIONS OF THE STATE OF TEXAS OR
UNITED STATES, INCLUDING THOSE OF THE FEDERAL SECURITIES
AND EXCHANGE COMMISSION, WHETHER BY TENANT OR
OTHERWISE.
Site Lease. Papc 5
TENANT'S OBLIGATION TO INDEMNIFY INDEMNITEES UNDER THIS
LEASE SHALL EXTEND TO CLAIMS, LOSSES, AND OTHER MATTERS
COVERED HEREUNDER THAT ARE CAUSED IN PART OR CONTRIBUTED
TO BY THE NEGLIGENCE OF ONE OR MORE INDEMNITEES. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH TENANT AND
LANDLORD, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS AN INDEMNITY BY TENANT TO INDEMNIFY, PROTECT
AND DEFEND LANDLORD FROM THE CONSEQUENCES OF 0) THE
INDEMNITEES' OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE WITH ANY
OTHER PERSON OR ENTITY AND (II) THE CONSEQUENCES OF THE
INDEMNITORS' NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE
OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. THIS
INDEMNITY SHALL CONTINUE NOTWITHSTANDING TERMINATION OR
EXPIRATION OF THIS LEASE. THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM,
LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE
INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE
OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS,
UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
(c) Assumption of Risk: Tenant undertakes and assumes for its officers, agents, contractors, subcontractors and
employees (collectively Tenant" for the purpose of this section), alt risk of dangerous conditions whether
patent or latent, obvious or undiscoverable, and regardless of whether the Landlord should have known of
such dangerous conditions, if any, on or about the Property. After the initial installation of Landlord's
Facilities on the Tower, and subject to the provisions of the last sentence of Section 6(h), in connection with
any work being performed by Landlord or its employees on the Premises, Landlord undertakes and assumes
for its officers and employees (collectively "Landlord*1 for the purpose of this section), all risk of dangerous
conditions whether patent or latent, obvious or undiscoverable, and regardless of whether the Landlord
should have known of such dangerous conditions, if any, on or about the Premises. Each parry will notify the
other party if it becomes aware of any dangerous conditions on the Premises and/or Tower, but Landlord will
have no duty to inspect the Tower.
TENANT HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS, AND
DEFEND THE INDEMNITEES AGAINST AND FROM ANY CLAIM
ASSERTED OR LIABILITY IMPOSED UPON THE INDEMNITEES FOR
PERSONAL INJURY OR PROPERTY DAMAGE TO ANY PERSON ARISING
OUT OF TENANT'S INSTALLATION, OPERATION, MAINTENANCE,
CONDITION OR USE OF THE PROPERTY OR TENANT'S ANTENNA
FACILITIES OR TENANT'S FAILURE TO COMPLY WITH ANY FEDERAL,
STATE OR LOCAL STATUTE, ORDINANCE OR REGULATION. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH TENANT AND
LANDLORD, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS AN INDEMNITY BY TENANT TO INDEMNIFY, PROTECT
AND DEFEND INDEMNITEES FROM THE CONSEQUENCES OF THE
INDEMNITEES1 OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A
SOLE OR CONCURRING CAUSE OF THE ASSERTED OR CLAIMED
LIABILITY AND (II) THE CONSEQUENCES OF THE INDEMNITORS'
NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE OR
CONCURRING CAUSE OF THE ASSERTED OR CLAIMED LIABILITY. THIS
INDEMNITY SHALL CONTINUE NOT WITHSTANDING TERMINATION OR
EXPIRATION OF THIS LEASE; PROVIDED, HOWEVER, THAT THE
INDEMNITIES PROVIDED BY TENANT HEREUNDER SHALL NOT
EXTEND OR APPLY TO CLAIMS, CAUSES OF ACTION, DAMAGES,
SjteLcaac Page 6
PENALTIES, LIENS, OBLIGATIONS, COSTS, LIABILITIES OR EXPENSES
WHICH ARE CAUSED BY OR RESULT FROM THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF LANDLORD'S CONTRACTORS WHILE
WORKING ON LANDLORD'S FACILITIES ON THE TOWER,
(d) Defense of Indemnitees: In the event any action or proceeding shall be brought against the Indemnitees by
reason of any matter for which the Indemnifees are indemnified in this Section 10 or Section 13, Tenant shall,
upon notice from any of the Indemnitees, at Tenant's sole cost and expense, resist and defend the same with
legal counsel acceptable to the Landlord, and Landlord acknowledges that such legal counsel may be selected
by Tenant's insurer, provided, however, that Tenant shall not admit liability in any such matter on behalf of
the Indemnitees without the written consent of Landlord and provided further that Indemnitees shall not
admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified
hereunder, without the prior written consent of Tenant.
(e) Notice, cooperation and Expenses: Landlord shall give Tenant prompt notice of the making of any claim or
the commencement of any action, suit or other proceeding covered by the provisions of this Section 10.
Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the
defense of any litigation by Landlord's own counsel. Tenant shall pay all expenses incurred by Landlord in
response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses
such as reasonable attorneys' fees and shall also include the reasonable value of any services rendered by the
Landlord's attorney, and the actual expenses of Landlord's agents, employees or expert witnesses, and
disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings but
shall not include reasonable attorneys' fees for services that are unnecessarily duplicative of services
provided Landlord by Tenant If Tenant requests Landlord to assist it in such defense then Tenant shall pay
all expenses incurred by Landlord in response thereto, including defending itself with regard to any such
actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees
and shall also include the costs of any services rendered by the Landlord's agents, employees or expert
witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or
proceedings.
(f) Insurance.
During the Initial Term and any Renewal Term, the Tenant at its own expense shall purchase, maintain and
keep in force and effect insurance against claims for injuries to or death of persons or damages to property
which may arise out of or result from the Tenant's operations and/or performance of the work under this
Lease, whether such operations and/or performance be by the Tenant, its agents, representatives, employees
or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable.
The Tenant's insurance coverage shall be primary insurance with respect to the Landlord and its volunteers
and agents. Any insurance or self-insurance maintained by Landlord, its officials, employees or volunteers
shall be considered in excess of the Tenant's insurance and shall not contribute to it. Further, the Tenant
shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum coverage amounts
required in this contract:
(1) Workers' Compensation Policy
■ Statutory amounts required by Texas law.
■ Employer's Liability: $500,000
(2) Commercial General Liability Policy
■ General aggregate of $2,000,000
■ Owners' and Contractors' Protective Liability of $500,000
■Products and Completed Operations of $1,000,000
■ Personal and Advertising Injury of $1,000,000
■ Minimum of $500,000 per occurrence
■ Coverage shall be at least as broad as ISO CO 00 01 10 93.
■ No coverage exclusions shall be deleted from standard policy
without notification of individual exclusions being attached
Site Lease. Page 7
for review antTaccepiance.
.*•■■■
u
SiteLease. Page 8
(3) Automobile Liability Policy
■ Combined single limits of $1,000,000
■ Coverage for "Any Auto."
(4) Builder's Risk
■ At the start of and during the period of any construction,
■ Limit: 100% of insurable value, replacement cost basis
■ Landlord will be named a loss-payee
■ Include an installation floater or equivalent property coverage covering cables,
materials, machinery and supplies of any nature whatsoever which are to be used in or
incidental to the installation of the Antenna Facilities.
(5) Hazardous Materials Insurance
■ in an amount satisfactory to the Landlord
Prior to or upon the execution of this Lease and before commencing any of the work, the Tenant shall file
with the Landlord valid Certificates of Insurance reasonably acceptable to the Landlord. Such Certificates
shall contain a provision that coverages afforded under the policies will not be canceled, suspended, voided,
or reduced until at least thirty (30) days* prior written notice has been given to the Landlord via certified
mail, return receipt requested. Prior to the end of each coverage period during the term of this Lease, new
Certificates of Insurance must be filed with the Landlord evidencing continuation of coverage.
The Tenant shall also file with the Landlord valid Certificates of Insurance covering all Subcontractors.
The following are general requirements, which are applicable to all policies:
a. All insurance coverage required herein, except for Workers' Compensation Insurance, shall be
written by a carrier with an A.M. Best Rating of B+ or higher in accordance with the current Best
Key Rating Guide.
b. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted.
c. Deducttbles shall be listed on the Certificate of Insurance.
d. All policies other than those for Worker's Compensation shall be written on an occurrence and not
on a claims made basis;
e. All policies, except for employer's liability and worker's compensation policies, shall name the
Landlord, its officials, employees, and agents as "Additional Insureds." The coverage shall contain
no special limitation on the scope of protection afforded to the Landlord, its officials, employees or
volunteers.
f. A waiver of subrogation in favor of the Landlord with respect to Workers' Compensation Insurance
must be included.
g. Review of Limits: Once during each calendar year during the term of this Lease, the Landlord may
review the insurance coverages to be carried by Tenant. If Landlord determines that higher limits
of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant
shall be so notified and shall obtain the additional limits of insurance, at its sole coat and expense.
h. If reasonably necessary to effectuate the provisions of this Section 10(0. Tenant will provide
Landlord with endorsements evidencing the insurance coverage requirements hereof. In (he event
of any claim or litigation that involves or relates to the insurance (hat Tenant is required to maintain
under this Lease, Landlord, at its sole cost and expense, may review Tenant's insurance policies at
Tenant's headquarters in Bellevue, Washington; provided, however, that Landlord shall not
disclose the terms or provision of any such policies to any third party unless required to do so by
law or court order.
11. f4pticc$. All notices, requests, demands and other communications shall be in writing and are effective three (3) days
after deposit in the U.S. mail, certified and postage paid if properly addressed, or upon receipt if personally delivered or
sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below.
Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to
the other party.
Site Lease. Page 9
If to Tenant to:
Crown Castle GT Company LLC
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
If to Landlord, to:
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
II
13.
Acceptance of the Property. Tenant accepts the Property in the condition existing as of the Commencement Date.
Landlord makes no representation of warranty with respect to the condition of the Property and the Landlord shall not
be liable for any latent or patent defect in the Property.
Environmental Law^. The Tenant represents and warrants that its use of the Property will not generate any substance,
chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation (collectively, "Hazardous Substance11), and it will not store or dispose on the Property, nor transport to or
over the Property any Hazardous Substance in violation of any applicable law.
TENANT AGREES TO HOLD LANDLORD HARMLESS, INDEMNIFY, AND
DEFEND LANDLORD AGAINST ANY RELEASE OF ANY SUCH
HAZARDOUS SUBSTANCE CAUSED BY TENANT OR BY ANY PERSON OR
ENTITY ACTING FOR OR ON BEHALF OF TENANT AND ANY DAMAGE,
LOSS, OR EXPENSE OR LIABILITY RESULTING FROM SUCH RELEASE,
INCLUDING ALL REASONABLE ATTORNEYS1 FEES, COSTS AND
PENALTIES INCURRED AS A RESULT THEREOF EXCEPT ANY RELEASE
CAUSED BY THE SOLE NEGLIGENCE OF LANDLORD, ITS EMPLOYEES,
CONTRACTORS OR AGENTS. "HAZARDOUS SUBSTANCE" SHALL BE
INTERPRETED BROADLY TO MEAN ANY SUBSTANCE OR MATERIAL
DEFINED OR DESIGNATED AS HAZARDOUS OR TOXIC WASTE,
HAZARDOUS OR TOXIC MATERIAL, HAZARDOUS OR TOXIC OR
RADIOACTIVE SUBSTANCE, OR OTHER SIMILAR TERM BY ANY
FEDERAL, STATE OR LOCAL ENVIRONMENTAL LAW, REGULATION OR
RULE PRESENTLY IN EFFECT OR PROMULGATED IN THE FUTURE, AS
SUCH LAWS, REGULATIONS OR RULES MAY BE AMENDED FROM TIME
TO TIME; AND IT SHALL BE INTERPRETED TO INCLUDE, BUT NOT BE
LIMITED TO, ATtfV SUBSTANCE WHICH AFTER RELEASE INTO THE
ENVIRONMENT WILL OR MAY REASONABLY BE ANTICIPATED TO
CAUSE SICKNESS, DEATH OR DISEASE. IT IS THE EXPRESSED
INTENTION OF THE PARTIES HERETO, BOTH TENANT AND LANDLORD,
THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY BY TENANT TO INDEMNIFY, PROTECT AND DEFEND
LANDLORD FROM THE CONSEQUENCES OF THE INDEMNITIES' OWN
NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE
OF THE DAMAGE, LOSS, OR EXPENSE OR LIABILITY AND (H) THE
CONSEQUENCES OF THE INDEMNITORS' NEGLIGENCE WHERE THAT
NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE DAMAGE,
LOSS, OR EXPENSE OR LIABILITY. THIS INDEMNITY SHALL CONTINUE
NOTWITHSTANDING TERMINATION OF THIS LEASE UNTIL ALL SUCH
CLAIMS ARE BARRED BY APPLICABLE STATUTES OF LIMITATION.
14. Tenant may not assign this Lease and/or the license granted herein without the prior written approval of
the Landlord. Assignment without the prior written consent of the Landlord (if required under this paragraph) shall be
a material breach for which the Lease may be immediately terminated by Landlord upon written notice to the Tenant
Site Lease. Page 10
15. Succesaws and Assigns. This Lease and the license shall run with the land and shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns.
16. Transfer of Ownership. Tenant agrees to convey, free and clear of all liens, the Tower structure and related facilities to
Landlord upon Lease expiration or termination. At such time. Landlord will have the right to negotiate new leases,
licenses or other agreements directly with any Carriers who may still desire to occupy the Premises and Tower. The
Landlord may, at Landlord's option, require Tenant to remove the Antenna Facility including the Tower if in the
Landlord's discretion the Landlord does not desire the transfer of Tower ownership to the Landlord upon expiration or
termination of the Lease. If removed at the request of the Landlord at the expiration or termination of the Lease,
Tenant shall be obligated to restore and repair the Property to the condition it was in prior to the erection of the Tower,
except for normal wear and tear as determined by the Landlord's City Manager.
17. Miscellaneous.
(a) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel
information as the other may reasonably request.
(b) This Lease constitutes the entire agreement and understanding of the parties regarding the subject matter
hereof, and supersedes all offers, negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and
executed by both parties.
(c) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of
Lease in substantially the form attached hereto as Exhibit Cl necessary to protect its rights or use of the
Premises. The Memorandum of Lease may be recorded in place of this Lease by either party. Tenant may
obtain title insurance on its interest in the Premises.
(d) Tenant, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and
regulations including without limitation, laws and ordinances relating to health, marking and lighting
requirements, radio frequency emissions, or other radiation and safety requirements in connection with the
use, operation, maintenance, construction and/or installation of the Antenna Facilities and/or the Premises
and Property.
(e) Neither the Tenant nor the Landlord shall be deemed in violation of this Lease if it is prevented from
performing any of the obligations hereunder by reasons of strikes, boycotts, labor disputes, embargoes,
shortage of material, acts of God, acts of public enemy, acts of superior governmental authority, weather
conditions, floods, riots, rebellion, sabotage, or any other circumstances for which it is not responsible or
which is not in its control, and the time for performance shall be automatically extended by the period the
party is prevented from performing its obligations hereunder.
(f) This Lease shall be construed in accordance with the laws of the state in which the Property is located.
Venue shall for all purposes be in Harris County, Texas.
(g) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of
this Lease, which shall continue in full force and effect Any questions of particular interpretation shall not
be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of
this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving
party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either
party of any provision of this Lease shall be deemed a waiver of such provision with respect to any
subsequent matter relating to such provision.
(h) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this
Lease in their individual or representative capacity as indicated.
(i) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original,
but all of which together shall constitute a single instrument.
(j) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. Tenant shall be
responsible for all cost associated with the preparation of all Exhibits herein described.
(k) If Tenant is represented by any broker or any other leasing agent,'Tenant is responsible for all commission
fee or oiher payment to such agent, and agrees to indemnify and hold Landlord harmless from ail claims by
such broker or anyone claiming through such broker.
Site Lease. Page 11
(I) Whenever Landlord's consent or approval is required under any provision of this Lease, such consent or
approval will not be unreasonably withheld, conditioned or dclnycd.
The effective date of this Lense is the dale of exeeuiion by the Landlord (the "Effective Date").
LANDLORD: City of Baytown
By:
This instrumeni was acknowledged before me on
Manager of the City of Bayiown, n municipal corporation, on behalf of said city.
Dated:
by Garrison C. Brumback, the City
Notary Public
Prim Name
My commission expires.
(Use this space for notary stamp/seal)
STATE OF
COUNTY OF
I certify that 1 know or have satisfactory evidence that
h d bf d id kldd
is the y y JL1^\. A ^CU^yd^ is the
person who appeared before me, and said person nckriinvlcdged that he signed this instrumeni, on oath
jjl«ted .that he was authorized to execute the instrument and acknowledged il as the JfckiLJKjtU^ Castle GT Company LLC, a Delaware limited liability company, to
he the free and voluntary1 act of such paay for the uses and purposes mentioned in the instrument
I*.
EXHIBIT "A"
LEGAL DESCRIPTION
The Property is legally described as follows:
A Metes and Bounds description of 0.0665 acre (2898 square feet) of land situated in the
William Scott Lower League, Abstract No. 65, Harris County, Texas; being a portion of that
certain tract described in instrument to the City of Goose Creek recorded in Volume 979, Page
704 of the Harris County Deed Records; being a portion of Lot 5, Block 1 of Rose Lawn
Addition, Plat of which is recorded in Volume 1163, Page 111 of the Harris County Deed
Records; and being more particularly described as follows:
COMENCING at point in the northerly line of Lot 4, Block 1 of said Rose Lawn Addition
marking the southeasterly corner of said City of Goose Creek tract;
THENCE, North 68° 41' 00" West, 16.00 feet long said northerly line of Lot 4 to the POINT OF
BEGINNING;
THENCE, North 68° 41' 00" West, 61.00 feet along the northerly line of Lots 4 and 3 in said
Block 1 to a point for corner;
THENCE, North 21° 19' 00" East, at 5.00 feet passing a 1-inch iron pipe (with cap stamped
"Cotton Surveying") set in the northerly line of a 5-foot wide utility easement, continuing for a
total distance of 32.00 feet to a 1-inch iron pipe (with cap stamped "Cotton Surveying") set for
corner:
THENCE, North 53° 25' 59" East, 20.07 feet to a 1-inch iron pipe (with cap stamped "Cotton
Surveying") set for corner;
THENCE, South 68° 41' 00" East, 50.33 feet to a 1-inch iron pipe (with cap stamped "Cotton
Surveying") set for corner;
THENCE, South 21° 19' 00" West, at 44.00 feet passing a 1-inch iron pipe (with cap stamped
"Cotton Surveying") set in the northerly line of the aforesaid 5-foot wide utility easement,
continuing for a total distance of 49.00 feet to the POINT OF BEGINNING, CONTAINING
0.0665 acre of land in Harris County, Texas as shown on drawing No. 2081 in the offices of
Cotton Surveying Co., Houston, Texas.
[To be replaced by an updated metes and bounds description to be obtained by Tenant]
EXHIBIT "A" -CONTINUED
ACCESS EASEMENT
A METES AND BOUNDS description of a 0.0110 acre (480 square feet) of land situated in the
William Scott league, Abstract No. A-65, Harris County, Texas being a portion of that certain
tract described in Instrument to the City of Goose Creek recorded in Volume 979, Page 704 of
the Harris County Deed Records, and being more particularly described as follows:'
BEGINNING at a point in the northerly line of Lot 4, Block 2 of Rose Law Addition, plat of
which is recorded in Volume 1163, Page 111, Harris County Deed Records marking the
southeasterly corner of the City of Goose Creek tract;
THENCE, North 68° 4 V 00" West, 16.00 feet along said northerly line of lot 4 to a point for
corner;
THENCE, North 21 ° 19' 00" East, at 5 feet passing a 1 inch iron pipe (with cap stamped
"Cotton Surveying") set in the northerly line of a 5 foot wide utility easement, continuing for a
total distance of 30.00 feet to a point for a corner;
THENCE, South 68 ° 41' 00" East, 16 feet to a point for a corner in the easterly right-of-way line
of Seventh Street;
THENCE, South 21 ° 19' 00" West, at 25.00 feet passing a 1 inch iron pipe ((with cap stamped
"Cotton Surveying") set in the northerly line of the aforesaid 5 foot wide utility easement,
continuing for a total distance of 30.00 feet to the POINT OF BEGINNING, containing 0.0110
acres of land in Harris County, Texas as showing on drawing No. 2081 in the offices of Cotton
Surveying Co., Houston, Texas
[To be replaced by an updated metes and bounds description to be obtained by Tenant]
EXHIBIT "A** -CONTINUED
CTrt. S ISO' ,*.o.0 ,
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EXHIBIT B
Antenna Facilities
Exhibit to be added and initialed by Tenant and Landlord at a Inter date
EXHIBIT C
Memorandum
of
Lease
Memorandum of Lease
Between City of Bay town ("Landlord")
and Crown Castle GT Company LLC ('Tenant")
A Site Lease (the "Lease") by and between City of Baytown ("Landlord") and Crown Castle GT Company
LLC, a Delaware limited liability company, ('Tenant") was made regarding a portion of the following property:
Sec Attached Exhibit "A" incorporated herein for all purposes.
The Lease is for a term of five (5) years ntid will commence on the date ns set forth in the Lease (the
"Commencement Date"). Tenant shall have the right to extend this Lease for five (5) additional five-year terms.
IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of
the date of the last party to sign.
LANDLORD: City of Baytown
By:
Printed Name:
Its:
Date:
TENANT: Crown Castle GT Company LLC ^r -S^?
By:
Printed Name: Lisa A.
jls. Real Estate Transaction Manager
IUT7
Date:
Memorandum of Lease. Page I
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on
Manager of the City of Baytown, a municipal corporation, on behalf of said city.
Dated:
by Garrison C. Drumback, the City
Notary Public
Print Name
My commission expires,
(Use this space for notary stamp/seal)
STATE OF
COUNTY OF §
I certify that I know or have satisfactory evidence that ISft A. ulpM
is ins
is (he
person who appeared before me, and said person acknowledged that he signed this instrument, on oath
staled . that he was authorized to execute the instrument and acknowledged it as the
of Crown Castle GT Company LLC, a Delaware limited liability company, to be
Dated:
act of such party for the uses and purposes mentioned in the instrument.
E2l
(Use this space
Memorandum of Leas?. Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
The Property is legally described as follows:
A Metes and Bounds description of 0.0665 acre (2898 square feet) of land situated in the
William Scott Lower League, Abstract No. 65, Harris County, Texas; being a portion of that
certain tract described in instrument to the City of Goose Creek recorded in Volume 979, Page
704 of the Harris County Deed Records; being a portion of Lot 5, Block 1 of Rose Lawn
Addition, Plat of which is recorded in Volume 1163, Page 111 of the Harris County Deed
Records; and being more particularly described as follows:
COMENCING at point in the northerly line of Lot 4, Block 1 of said Rose Lawn Addition
marking the southeasterly corner of said City of Goose Creek tract;
THENCE, North 68° 41' 00" West, 16.00 feet long said northerly line of Lot 4 to the POINT OF
BEGINNING;
THENCE, North 68° 41' 00" West, 61.00 feet along the northerly line of Lots 4 and 3 in said
Block 1 to a point for corner;
THENCE, North 21° 19' 00" East, at 5.00 feet passing a 1-inch iron pipe (with cap stamped
"Cotton Surveying") set in the northerly line of a 5-foot wide utility easement, continuing for a
total distance of 32.00 feet to a 1-inch iron pipe (with cap stamped "Cotton Surveying") set for
corner:
THENCE, North 53° 25' 59" East, 20.07 feet to a 1-inch iron pipe (with cap stamped "Cotton
Surveying") set for corner;
THENCE, South 68° 41' 00" East, 50.33 feet to a 1-inch iron pipe (with cap stamped "Cotton
Surveying") set for corner;
THENCE, South 21° 19' 00" West, at 44.00 feet passing a 1-inch iron pipe (with cap stamped
"Cotton Surveying") set in the northerly line of the aforesaid 5-foot wide utility easement,
continuing for a total distance of 49.00 feet to the POINT OF BEGINNING, CONTAINING
0.0665 acre of land in Harris County, Texas as shown on drawing No. 2081 in the offices of
Cotton Surveying Co., Houston, Texas.
[To be replaced by an updated metes and bounds description to be obtained by Tenant]
EXHIBIT "A" -CONTINUED
ACCESS EASEMENT
A METES AND BOUNDS description of a 0.0110 acre (480 square feet) of land situated in the
wuham bcott league. Abstract No. A-65, Harris County, Texas being a portion of that certain tract described in Instrument to the City of Goose Creek recorded in Volume 979 Paee 704 of the Hams County Deed Records, and being more particularly described as follows:'
BEGrNNING at a point in the northerly line of Lot 4, Block 2 of Rose Law Addition plat of which is recorded in Volume 1163, Page 111, Harris County Deed Records Sing the southeasterly corner of the City of Goose Creek tract; ««««rwng me
THENCE, North 68° 41' 00" West, 16.00 feet along said northerly line of lot 4 to a point for
corner;
THENCE, North 21 • 19' 00" East, at 5 feet passing a 1 inch iron pipe (with cap stamped Cotton Surveymg") se, ,„ the northerly line of a 5 foot wide utility easement, continuing for a
total distance of 30.00 feet to a point for a corner;
^Utht68 ° 4'' 00" East' '6 feet t0 a P^ f«^ a corner in the easterly right-of-way line of Seventh Street;
THENCE South 21 • 19' 00" West, at 25.00 feet passing a 1 inch iron pipe ((with cap stamped
Cotton Surveymg") set m the northerly line of the aforesaid 5 foot wide utility easement
continumg for a total distance of 30.00 feet to the POINT OF BEGINNING, containing 0 0110
£££^££££ZTexas"showing on drawing No-2081 in the offices of
[To be replaced by an updated metes and bounds description to be obtained by Tenant]
.-T-rv*^';''~'' "wi?T^"^I"* ••^'":c^^" ~~--r^
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T -BAY TOWN SITt
0.0665
c
Tower: Fort Worth Tower 185' Self Support Tower
Antennas:
175FT Centerline: (6) ANTEL LPA-80080/8CF
(6) ANTEL BSA-185090/12-2
FeedLines:
175FT Centerline: (14) Andrew 7/8"
(3) Andrew W
Antennas:
165FT Centerline: (6) EMS Wireless RR33-20-02DP
FeedUnes:
165FT Centerline: (12) Andrew 1-5/8"
Shelter ll'-3" x 30'-0"
Generator: GENERAC Power System Model: SD060 814' x 8' PAD
Raised Platform 81 x 8' w/ 2 Cabinets