HomeMy WebLinkAboutRES 1999-026 � _,
RESOLUTION N0.99-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS TO ENTER INTO A JOINT TOWER
AND GROUND LEASE AGREEMENT WITH GRAPEVINE-
COLLEYVILLE INDEPENDENT SCHOOL DISTRICT AND
SOUTHWESTERN BELL MOBILE SYSTEMS FOR THE
COLLOCATION OF ANTENNAE AND THE INSTALLATION
OF COMMUNICATIONS EQUIPMENT AS NOTED IN
EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Grapevine and the Grapevine-Colleyville Independent
School District (G.C.I.S.D.) [hereinafter referred to as "Landlord"] and Southwestern Bell
Mobile Systems, Inc., acting in its capacity as general partner of the Dallas SMSA
Partnership, [hereinafter referred to as "Tenant"] desire to enter into a Joint
Tower/Ground Lease Agreement; and
WHEREAS, The City Council approved a special use permit on April 6, 1999 to
allow the Tenant to collocate antennae and communications equipment at the tower
site; and
: WHEREAS, the Board of Trustees of the G.C.I.S.D. approved the terms of the
Tower/Ground Lease on April 26, 1999; and
WHEREAS, the terms of the Tower/Ground Lease are attached as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this resolution are true
and correct and are hereby incorporated into the body of this resolution as if copied in
their entirety.
Section 2. The City Manager is hereby authorized to enter into said
Tower/Ground Lease Agreement as attached.
Section 3. That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this 4th day of May, 1999.
:F �
� APPROVED:
� F
t3�^---1�
William D. Tate
Mayor
ATTEST:
�
Linda Huff
City Secretary
APPROVED AS TO FORM:
� .
a� , ,
. y � . . ,
John F. Boyte, Jr.
�� � City Attorney
n,�n.�
RES. N4. ��-2� 2
GROUND AND TOWER LEASE AGREEMENT
THIS GROLTND AND TOWER LEASE AGREEMENT("Lease"),is entered into as of this�`day of
���.�� , 1999,by and between The City of Grapevine,Texas("GRAPEVINE"),a home rule municipal !
�?
corporario , incorporated under Article XI,Section 5 of the Consriturion of the State of Texas and Grapevine-Colleyville Independent ,
^' School District ("GCISD"),and Southwestem Bell Wireless,Inc.,acting in its capacity as general partner of the Dallas SMSA���M�f��
Partnership,and being a corporarion organized and existing under the laws of the State of Delaware,and authorized to do business m ��
Texas,with its principal place of business at 15660 Dallas Parkway,Suite 1300,Dallas,Texas, 75248("TENANT"). v�
s In consideration of the premises and of the mutual obligarions and agreements in this Lease,the parties agree as follows:
THE LEASED SITE
A. GCISD is the titleholder of that certain real property commonly lmown as 3050 Mustang Dnve, City of Grapevine,Counn of
Tarrant, State of Texas, and GRAPEVINE is the lessee of said property("OWNERS' Property") which is described on the attached
Elchibit"A1". The parties agree that as to the legal description of OWNERS' Property, such descriprion as corrected, if necessar}�,
may be attached by TENANT as Exhibit"A2" after execurion of this Lease, and Exhibit "A2" shall supersede Exhibit"A1" of rhis
Agreement.
B. T'ENANT hereby desires to lease a portion of OWNERS'Property and a certain portion of the tower("Tower")located on
OWNERS'Property(the"Leased Site"),together with obtaining a right of access and a right to install utiliries on the Leased Site. Ihe
Leased Site which is the subject of this Lease is located within OWNERS' Property,is approximately five hundred fifty(S50)square
feet,which is more specifically described and is situated substantially as shown on the attached Exlubit"A3"and with respect to the
space on the Tower,its location and orientation are set forth on the attached Exhibit"A4"(any sketch in E�chibits"A3"or"A4"ma}•
not be to scale and therefore are not intended to be used for measurement purposes). TENANT shall have the right to run cables,
wires,conduits and pipes under,over and across OWNERS'Property to connect TENAN'T's equipment on the Tower to its equipment
in its facility located on the Leased Site,subject to the approval of GRAPEVINE and GCISD as provided for in Section 4.A.of this
Lease. GCISD and GRAPEVINE hereby grant to Tenant the right to use OWNERS' Property when Tenant is constructing,removing,
replacing,servicing, securing,or maintaining its communicarions facility,subject to the terms and conditions contained herein.
C. GRAPEVINE, GCISD and TENANT hereby agree that the Leased Site (including an access right-of-way thereto, but
„ excluding the space on the Tower) may be surveyed by a licensed surveyor at the sole cost of TENANT, and such survey may be
attached hereto as Exhibit"AS"and become a part hereof and shall control to descnbe the Leased Site in the event of any discrepancy
between such survey and the description contained in Paragraph 1.B.above.
2. LEASE AND EASEMENT
GCISD AND GRAPEVINE lease the Leased Site to TENANT and agree that Tenant shall have access to the Leased Site for the
purposes of constructing,installing,operating and maintaining the communicarions facility,and to install,remove,replace,and
maintain urility cables,conduits and pipes,and during the continuation of this agreement,and any renewals thereof,ingress and egress
is hereby granted to Tenant seven(7)days a week,twenty-four(24)hours a day.It is agreed,however,that only authorized engineers,
employees,or properly authorized contractors,subcontractors,agents of Tenant,agents of GCISD and/or Grapevine,FCC inspectors.
or persons under their direct supervision,will be permitted to enter the Leased Site.
3. TERM AND RENT
A. 'The inirial term of this Lease(`the Inirial Term")shall be five years and shall commence on the issuance of any Building
Pernut to TENANT from GRAPEVINE for any improvement to the GCISD Property or the Leased Site or the date of the execurion of
this Agreement,whichever date is later. During the Inirial Term,T'ENANT shall pay GRAPEVINE and GCISD$7,200.00 each in
annual rent("Annual Rent"),to be paid in advance either in equal monthly installments or annually as full payment for all rents due
during the Iniriai Term.
B. Thereafter,unless TENAN'T advises GRAPEVINE and GCISD in writing during an extension period(not less than ninety
(90)days prior to the expirarion of the Initial Term or any extension period)that it does not desire additional extensions,this Lease
shall automatically renew and extend for four(4)addirional five(5)year extension periods,each beginning upon the expiration of the
term then in effect.
„ C. The Annual Rent for each extension period(after the Inirial Term)shall be the Annual Rent in effect for the final year of the
prior extension period,increased by either fifteen percent(15%)or the percentage increase in the Consumer Price Index(CPI)over
the previous five year period,whichever is greater.
� D. Should this Lease srill be in effect at the conclusion of all of the extension periods provided for herein,this Lease shall
continue in effect on the same ternvs and conditions [other than Annual Rent which shall be an amount equal to the one twelfth(1/12)
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of the Annual Rent in effect for the preceding year, increased by three percent(3%)] for a further period of one(1)month,and for like
monthly periods thereafter,until and unless terminated by either party by giving to the other written norice of its intention to so
terminate at least thirty(30)days before the expirarion of the term then in effect.
4. USE OF THE LEASED SITE
�.w.,,
A. T'ENANT may use the Leased Site to construct,remove,replace,service,maintain,secure and operate a communications
facility,including,without limitation,required TENANT antenna array(as such antenna array may be mod�ed,added to,or
substituted from time to time)and antenna support structures,and for any other uses incidental thereto. TENANT may construct a
fence around the Leased Site,subject to GRAPVEVINE'S approval,said approval not to be unreasonably withheld. Each such
antenna array or antenna support structure may be configured as requested by TENAN'T from time to time,provided TENANT
obtains,pursuant to Paragraph 4.B.,all peraiits and approvals required by applicable jurisdicrions for such requested configuration.
GRAPEVINE and GCISD shall have the right to approve plans for any improvements,including any fence or antennae array, installed
by TENANT on the Leased Site,such approval not to be unreasonably withheld;provided that GCISD and GRAPEVINE must notify
TENANT of its approval or disapproval of any such plans within ten (10)days after the submission of such plans by TENANT to
GCISD and GRAPEVII�TE,and in the event that GCISD or GRAPEVINE fails to so norify T'ENANT,that party shall be deemed to
have approved such plans. GCISD and GRAPEVINE shall be notified in writing about any scheduled construction times and major
repair times unless an emergency exists.
(1) TENANT covenants and agrees that Tenant's equipment,its installarion,operarion,and maintenance will not
interfere with the operarion of existing radio or electronic equipment at the Leased Site,nor the operation of the elevated water
storage facility located on OWNERS'Property described in Exhibit"A1" or"A2"herein.
(2)TENANT shall coordinate with GRAPEVINE and GCISD and all existing operators of radio equipment at the Tower to
insure that T'ENANT's frequencies and antenna locarion will be compatible with existing equipment.
(3) In the event there is harmful interference to the e�cisting radio or electronic equipment TENANT shall promptly make all
reasonable efforts to eliminate any hazmful interference,if caused by TENANT's equipment,within ten(10)days after norice from
GRAPEVINE or GCISD or such other operator to TENANT advising of the interference.
(4) If said interference to said existing operator cannot be eliminated within thirty(30)days,TENANT shall suspend
�- �operarions(transmissions)at the site while the interference problems are studied and a means is found to mirigate them.
(5) If said interference cannot be eliminated,then T'ENANT shall,without further penalty or liability,temunate this Lease
upon immediate notice to GRAPEVINE and GCISD and remove its equipment shelter,antenna faciliries,concrete pads,cables,
generators,fences,and any other TENANT owned equipment from the Leased Site.
(6) If any interference occurs to GRAPEVINE or GCISD's public safety transmission,whether existing or subsequent,and is
caused by TENANT,TENANT will immediately cease all operarions until the interference is cured.
(7) From time to rime GRAPEVINE or GCISD may grant to other enriries the right to operate communicarions
faciliries at the Tower and/or the right to install antennas in connection with the operarion of such facilities or other communications
faciliries;provided,however that the operarion of such faciliries and antennas by other occupants shall be required to comply with all
of the requirements contained herein relative to TENANT'S equipment. TENANT further agrees that it will comply with all
applicable rules and regularions of the Federal Communicarions Commission,and electrical codes of the City and/or State.Under this
Lease,GRAPEVINE and GGISD assume no responsibility for the licensing,operarions and/or maintenance of Tenant's equipment.
TENANT'S right to use the Tower shall not interfere with GRAPEVINE's superior right to use the same as an integral part of the
City's water system.
(8)GRAPEVINE and GCISD acknowledges that T'ENANT's ability to use the Leased Site for its intended purposes is
contingent upon TENANT's obtaining and maintaining,both before and after the Commencement Date,all of the cerrificates,pernuts,
licenses and other approvals(collectively,"Governmental Approvals")that may be required by any federal,state or local authority for
the foregoing uses and improvements to the Leased Site desired by'I'ENANT. GRAPEVINE and GCISD shall cooperate with
TENANT in TENANT's efforts to obtain such Governmental Approvals and shall take no action that would adversely affect
�w„�T'ENANT's obtaining or maintaining such Governmental Approvals. Should GRAPEVINE or GCISD be norified or cited by any
State or Federal regulatory agency that OWNERS' Property is not in compliance with said agencies regularions due to TENANT's
installation of improvements under this Lease,GRAPEVINE or GCISD will immediately norify TENANT of said non-compliance
and if TENANT does not cure the conditions of non-compliance within the time frame allowed by the citing agency, GRAPEVINE or
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GCISD may terminate this Lease.
5. TERMINATION
� A. In the event any application for certificate,permits, licenses or other approvals will be too costly,time consuming or there is a
reasonable likelihood that said application will be rejected in the opinion of TENANT or any certificate,permit,license,or approval
issued to TENANT is canceled,expires or lapses or is otherwise withdrawn or terminated by Govemmental Authority or soil boring
tests and/or Environmental Studies are found to be unsarisfactory so that TENANT, in its sole discrerion detemunes that it will be
unable to use the Leased Site for the purposes set forth herein,TENANT shall have the right to terminate this Lease.Prior written
notification to GRAPEVINE and GCISD of TENANT'S intent to exercise its right to terminate this Lease shall be by certified mail,
return receipt requested,and shall be effecrive upon receipt of such notice by GRAPEViNE and GCISD as evidenced by the retum
receipt.Any Annual Rent paid to such termination date shall be retained by GRAPEVINE and GCISD.
B. In addition,and provided that TENANT is not then in default under this Lease,T'ENANT may,during any extension period,
upon one(1)year's written notice to GRAPEVINE and GCISD,terminate and cancel this Lease if TENANT determines that the
Leased Site has become unsuitable for 1'ENANT's operarions,upon payment in cash to GRAPEViNE and GCISD of a ternunation fee
equal to six(6)months'rent at the rate then in effect. As to such temunation fee,TENANT shall receive a credit equal to the amount
of any unearned rent as of the date of such teimination.
6. ASSIGNMENT AND SUBLETTING
A. Except to a"Partner Company","Affiliate"or"Subsidiary"of TENANT or an"Affiliate"or"Subsidiary"of a"Partner
Company"of TENANT(as defined below),TENANT shall not assign this Lease,or allow it to be assigned,in whole or in part,by
operation of law or otherwise,or mortgage or pledge the same,or sublet the Leased Site,or any part thereof,without the prior written
consent of GRAPEVIl�IE and GCISD,such consent not to be unreasonably withheld or delayed.GRAPEVINE and GCISD's consent
to an assignment or sublease shall be deemed given if neither GCISD nor GRAPEVINE does not respond to TENANT's request
within thirty(30)days after GRAPEVINE and GCISD's receipt of such request.
� B. Each of the partners of'TENANT is a Partner Company. An Affiliate of an enrity is any entity fifty-one percent(51%)or
more of the ownership of which is owned,directly or indirecdy,by such enrity or under common ownership with such enrity. A
Subsidiary of an entity is any enrity eighty percent(80%)or more of the ownership of which is owned by such enrity.
C. No consent by GRAPEVINE or GCISD to any assigmment or sublease by TENANT shall relieve TENANT of any obligation
to be performed by TENANT under this Lease,whether arising before or after the assignment or sublease. The consent by
GRAPEVINE or GCISD to any assignment or sublease shall not relieve TENANT from the obligarion to obtain GRAPEVINE and
GCISD's express written consent to any other assignment or sublease.
D. Any sale or other transfer,including by consolidation,merger or reorganizarion,of a majority of the voting stock of
TENANT,if TENANT is a corporarion,or any sale or other transfer of a majority in interest(whether of profits,losses,capital or
voting power)or a majority of the persons comprising the managers of the partnership,if TENAN'T is a partnership, shall not be an
assignment for purposes of this Paragraph 6.
7.EQUIPMENT AVAILABLITY
GRAPEVINE and GCISD need the ability to temporarily remove any equipment or faciliries in order to maintain the Tower on the
Leased Site.Cost to remove any TENANT equipment or faciliries would be bome by TENANT.Removal of'I'ENANT'S equipment
shall be performed by TENANT on ninety(90)days prior written norice from GRAPEVINE or GCISD.Reattachment of TENANT'S
faciliries or equipment shall be by TENANT on notice from GRAPEVINE or GC�SD that the maintenance which necessitated the
equipment or faciliries removal has been completed.TENANT must norify GRAPEVINE prior to entering the Tower or climbing or
scaling the Tower by contacting Police Dispatch at(817)410-8127.1'ENANT will not be provided unattended access to the Tower.
GRAPEVINE will provide'TENAN'T with a contact person to ensure that TENANT has twenty-four hour,seven days a week,access
�,,.,�to the Tower.
During any period of GRAPEVINE or GCISD's maintenance that requires the removal of TENANT'S equipment or facilities from
•�� said Tower,GRAPEVINE and GCISD shall allow TENANT to place a portable mounted antenna, a.k.a. "Cell On Wheels"(COW),
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�XM181T TO "� �
� Paq4 � Of - �=
on OWNERS'Property in order for TBNANT to provide continuous wireless telecommunications service. There shall be no
additianal fee or rental due GRAPEVINE ar GCISD for this temporary placement,A Special Use Permit will be required ta place this
ternporary equiptnent on this site.
t}nly officials with the F.C.C.and qualified and adequatety insured agents,contractors or persons under TENANT'S direct
supervision will be permitted ta climb or scale the Tower or to install or remove TENANT'S equiprnent or facilities frorn the Tower.
GRAPEVINE and GCISD reTain the right to permit their own emplayees and agents and emplayees and agents af subsequent users of
the Tower,to climb or scale the Tower for all purpases that do nat interfere with TENANT'S use af the Tower,and so lang as such
subsequent user complies with the terms af this Lease,
8. IlYDEMNIFICATION AND INSURANCE
A. TENANT hereby agrees to iundemnify and hold,to the extent allowed by law,GRAPEVINE and GCISD harniless frorn and
against any and all ctaims af liability for personal injury,bodily injury,or property daznage ta the extent tha#they resutt from or arise
solely out of(i)the acts or omissions af TENANT,its agents and emplayees in,on or about the Tower and/or the Leased Site,
excepting however,such claims or damages ta the extent due to or ca�zsed by the acts or omissians of GRAPEVINE or GCISD,their
erraployees or agents,and/or(ii)TENANT's breach of any term or condition of this Lease on TENANT's part ta be observed or
performed.
B. GRAPEVINB hereby agrees to separately indemunify and hold,to the extent allowed by law, 'TENANT harmless from and
against any and all claims of liabiiity far personai injcuy,badily uajury,ar properiy damage to the extent that they resu�t fram ar arise
solely out of(i)the acts or omissions af GRAPEVINE,its agents and employees in,an or abaut the Tower and/or the Leased Site,
excepting,however,such claims or damages ta the extent due ta or caused by the acts ar omissions of TENANT,its employees or
agents,and/or(ii)GRAPEVINE's respective breach of any term or condition of this Lease on GRAPEVINE'S part to be observed or
performed.
C. TENANT shall provide GRAPEVINE and GCISD with a certificate of insurance issued by an insurance company licensed ta
do business in Texas indicating that TENANT carries commercial generalliability insurance with limits of liability thereunder of not
��less than$1 million combined single limit for personal injury,badily injury,or property darnage tagether with an endorsement for
contractual liability. Such shall aame GRAPEVIitiTE and GCISD as additional insureds with respect to the Leased Site. T`ENANT will
provide GRAPEVINE and GCISD with a renewai certificate within ten(10)business days of GRAPEVINE or GCISD's written
request far such certificate. Any insurance required to be provided by TENANT under this Paragraph 8 rnay be provided by a blanket
insurance palicy cavering the Leased Site and ather Iocatians of TENANT,provided such blanket insurance palicy comp]ies with al1
of the other requirements of this Lease with respect to the type and amaunt of insurance required. T`ENANT may also fulfill its
requirements under this Paragragh 8 thraugh a program af self-insurance provided that both GCISL7 and GR.APBVINE apprave af said
program, If TENANT elects to self-insure,then TENANT shall fumish GRAPEVINE and GCISD with a letter stating that there is a
self-insurance pragram in effect that provides for the same,or greater,coverage than required of T'ENANT herein.
D. TENANT shall carry comprehensive auto insurance covering Tenant and ttxe additianal insureds against all claims far
injuries to members af the pnblic and damage to property af others arising from the use of motor vehicles,and shall cover aperation
on and off the Leased Site of all motor vehicles licensed far highway use,whether they are owned,non-owned,or hired.The liability
coverage shall not be less than$i million combined single limit far badily injury and property damage.
9. UTILIT'IES
TENANT shall be respansible directly to the serving enrities for all urilities required by TENANT's use of the Leased Site,hawever,
GRAPEVINE and GCISD agree to cooperate with TENANT in its effarts to obtain utilities from any tocarion pravided by the
GRAPEVINE and GCISD or the servicing urility.TENANT will install an electric meter for its uritity services and TENANT shall
pay all costs related to said electric service.
10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER
� A. TENANT's antennas and equipment shall remain personal to and the property of TENANT. At the ternainarian or expiratian
af this Lease,T'ENANT shall remave its antennas and(or equipment.TENANT{i)sMall repair any damage caused by sueh removal,
�(ii)with respect to any land leased shall remove ali of its equiprnent,and(iii}shall otherwise surrender the Leased Site at the
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EXHIBIT� TO �` ����
Page .�.. a# .�....
expirarion of the term(as the same rnay have been extended or the earlier terniination therea�in good condirion and at a minimum,as
nearly as is reasonably possib2e ta its candition at tk►e time of the execution af this Lease,ardinary wear and tear excepted. At the end
of this Lease,TENANT may affer ta seil its antennas andJor equipment to GRAPEVINE or CCISD.
B. Any claims relating ta the conditian af the Leased Site ar the Tawer must be presented by GRAPEVINE or GCISD in
writing to TENANT within thirty(3Q)days after the ternvnarion or expiration af this Lease or GRAPEVINE and GCISD shall be
deemed to have inevocably waived any and all such claims.
11. TENANT DEFAULTS
A. The occurrence of any one or more of the following events shall consritute an"Event of Default"hereunder by TENANT:
(1) The failure by TENANT to make any payment of rent or any ott�er payrnent required to be made by TENANT
hereunder,as and when due,where such failt�re shall continue for a periad of ten{10)days after written norice thereof is received by
TENANT from GRAPEVINE or GCISD.
{2} The failure by TENANT To observe or perform any of the covenants or provisions of this Lease to be observed ar
performed by TENANT,other than as specified in Paragraph 11.A.(1),where such failure shall continue far a period of thirty(30)
days aftcr written notice thereof is received by TENANT from GRAPEt�'INE or GCiSI};provided,hawever,that it shall nat be
deemed an Event of Default by T'ENANT if TENANT shall commence to cure such failure within said thirty(30)day period and
thereafter diligently prasecutes such cure to complerion.
B. If there occurs an Event of Default by TENANT,in addition to any other remedies available to GRAPEVINE and GCISD at
law or in equity,GRAPEVINIE or GCISI?shall have oprion#a temzinate this Lease and all rights af TENANT hereunder.
C. If there accurs an Event of Default by TBNANT,GRAPEVINE and GCISD shatl not have the right,priar to the terminatian
of this Lease,to re-enter the Leased Site and/or rernove persons or property fram the Leased Site ar the Tawer.
D. In an Even#caf Default,which is nat cured under Paragragh i 1 herein,TENANT shall have an addi#ianal thirty{30}days
from the ef�'ecrive date of tern�ination to remove all of TENANT's equipment from the Leased Site.
- � 12. NOTICES
Ali notices hereunder must be in writing and,tcnlass otherwise provided herein,shall be deemed vatidly given if sent by certified mai2,
return receipt requested,addressed as follows(or to any ather mailing address which the party to be notified may designate to the
other party by such norice}or as otherwise provided under applicable state law. Notice by any other method{whether by hand-
delivery,ovemight delivery service,ar otherwise)shall only be deemed effective upon receipt by the intended recipient. Should
GRAPEVINE,GCISD ar TENANT have a change of address,the ather garty shall immediately be natified as provided in this
Paragraph of such change. Unless GRAPEVINE ar GCISD otherwise specifies in writing,rent checks from TENAN'T shali be sent ta
the person listed below to wham norices are sent.
TENANT: Southwestem Bell Wireless,Inc.
Attentian:Real Estate Manager,Site#4114
P.O.Box 797246
Dallas,Texas 75379
Telephone Numher: (972}774-0600
Facsimile Nurnber: (972)774-4704
With a eapy to: Southwestern Bell Wireless,Inc.
Atten#ion.Legal Department,Site#4210
15660 Dallas Parkway, Suite 1300
Dallas,Texas 75248
�� EXH18tT� TO
{Printed: 4f12194,t 1:59 AM) Pr��@ � Of �
OWNERS:
The City af Grapevirte,Texas,a municipal corporatian
Attn: City Manager's Office
�' - Address:P.O.Box 95104
Grapevine,Texas 76049
.���
Telephone Number: (817)410-3100
Facsimile Number: {$17}414-3002
With a capy to;
Boyle&Lowry,L.L.P.
Attn:John F.Boyle,Jr.
4201 Wingren,Suite 108
Irving,Texas?5062
Telephone Number: (472}65Q-7100
Facsimile Number: (972)650-7105
GRAPEVINE-Coileyville Endependent School District
Attn.: Superintendent of Schools
Address:3052 Ira E.Woads Ave.
Grapevine,Texas 76051-3897
Telephane Number:(8 i 7)251-SOOQ
Facsunile Number: (817)424-1081
13. SALE OR T'RANSFER BY GRAPEVINE 4R GCISD
Should GRAPEVINE or GCISD,at any time during the term of tt�is Lease,sell,lease,transfer ar otherwise canvey all or any part of
OWNERS' Property to any transferee other than TENANT,then such transfer shall be under and subject to this L,ease and all of
TENANT's rights hereunder.
x 14, AAZARDQUS SiJBSTANCES
� A. GRAPEVINE and GCISD warrants and agrees that neither GRAPEVINE or GCISD nor,ta GRAPEVINE or GCISD's
knowledge,any third party has used,generateci,stared or disposed of,or pern�itted the use,generarion,siarage or disposal of,any
Hazardous Material(as defined in Paragraph 14.8.)on,under,about or within OWNERS' Property in violation of any law or
regularion. GRAPEVINE,GCISD and TENANT each agree that they will not use,generate,store or dispose of any Hazardous
Material(as defined in Paragraph 14.B.}on,under,about or within OWNERS'Froperty in vialation af any agplicabte law or
regulation. TENANT agrees that it will conduct all of its aperations and acrivities on the Leased Site in campliance with all
applicable environmental laws.
B. GRAP�VINE,GCISD and TENANT each agree to defend and indemnify,ta the extent allowed by law, the other and the
other's partners,affiliates,agents ant3 ernplayees against any and aIl lasses,liabilities,claims andlpr cosis{including reasanable
attameys' fees and costs)arising frorn any breach of any warranty or agreement contained in Paragraph 14.A. As used in Paragraph
14.A.,"Hazardous Material"shall mean any substauce,chemical ar waste identified as hazardaus,toxic or dangeraus in any
applicable federal,state or local law ar regularion(including petraleum and asbestos).
1S. CONDEMNATION
A. In the event the whoie of C3VVNERS'Properiy,including without timitatian the Leased Site and the Tower,shall be taken ar
condemned,either temporarily or perrnanently,far public purposes,or sold to a condemning authority under threat of candemnarion ta
prevent taking,then this Lease shall forchwith autamatically cease and terminate.
B. GRAPEVINE and GCISD shall receive the entire condemnation award for land,the Tower and such other improvements as
are paid for by GRAPEVINE ar GCISD,and TENANT hereby expressly assagns to GRAPEVINE and GCISD any and all right,title
and interest of TENANT now or hereafter arising in and ta any such award. TENANT shall have the right to recovez from such
¢�,�authority,but nat from GRAPEVINE ar GCISD,any compensarion as may be awarded to TENAi'3T an account of the leasehold
interest,moving and relocarian expenses,and depreciarian to and removal of the personal property and fixtures of TENANT.
�m� 16. LIENS
{Printed: 4122/49,l 1:54 AM) '� � ��:�
EX�-119IT T4 ••�-••�
�a�e ��i�lll ot iw�
At GRAPEVINE and GCISD's option,this Lease shall be subordinate to any mortgage by GRAPEVINE and GCISD which from
rime to time may encumber all or part of the Leased Site or attached right of way;provided however,every such mortgage shall
^�"�°recognize the validity of this Lease in the event of a foreclosure of GRAPEVINE or GCISD's interest and also TENANT'S right to
remain in occupancy of and have access to the Leased Site as long as T'ENANT is not in default of this Lease. TENANT shall execute
�;�
whatever instruments may reasonably be required to evidence this subordinate clause. In the event the Leased Site is encumbered b} a
mortgage,GRAPEVINE and GCISD will obtain and fumish to TENAN"T a non-disturbance instrument for each such mortgage in
recordable form.
17. TAXES
A. TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly to TENANT,or to GRAPEVI'_��E
or GCISD if billed to GRAPEVINE or GCISD,upon thirty(30)days prior written notice from GRAPEVINE or GCISD,any and all
taxes and assessments levied against any personal property or trade or other fixtures placed by TENANT in or about the Leased Site_
B. T'ENANT shall pay as addirional rent any increases in real property taxes levied against GRAPEVINE or GCISD's Propem-.
including the Tower,as a result of the improvements constructed by TENANT on the Leased Site. TENANT will not be responsible
for any increases in real property taxes which aze a result of reassessment of OWNERS'Property due to any sale or transfer of
ownership thereof.
18. QUIET ENJOYMENT AND NON-INTERFERENCE
GRAPEVINE and GCISD wanant and agree that TENANT,upon paying the rent and performing the covenants herein provided,shall
peaceably and quietly have and enjoy the Leased Site
19. COORDINATION OF OPERATION
As a consequence of the proposed twenty-four(24)hour daily basis of operation by TENANT,GRAPEVINE and GCISD
acknowledge that any action undertaken or permitted by GRAPEVINE or GCISD in making repairs,alterarions,addirions or
�,,.,,�improvements to the Leased Site or the Tower that might interfere with,suspend,cut-off or ternunate access to or use by TENANT of
the Leased Site or TENANT's antennas or equipment,including without limitarion,air-conditioning and utilities thereto,could cause
inconvenience,expense and economic loss to TENANT. Therefore,GRAPEVINE and GCISD each agree(i)to use its best efforts to
minimize such inconvenience,possible loss or expense to TENANT by using its best efforts not to cause or permit any interruprion or
interfere with the operations of TENANT's antennas or equipment,particularly during the hours of 7:OOa.m.to 10:00a.m.and 4:00
p.m.to 7:00 p.m.on any weekday,and(ii)to use its best efforts to give TENANT advance notice of any repairs,alterations,addirions
or improvements to be made with respect to the maintenance and operation of the Tower and the Leased Site or of any planned shut
downs associated with the Tower for scheduled or rourine maintenance that might adversely affect the operarion of TENANT's
communicarions facility,antennas or equipment.
20. BROKERS
GRAPEVINE,GCISD and TENANT represent to each other that they have not negotiated with any real estate broker in connection
with this Lease. GRAPEVINE,GCISD and T'ENANT agree that should any claim be made against the other for a real estate broker's
commission,finder's fee or the like by reason of the acts of such party,the party upon whose acts such claim is predicated shall
indemnify and hold the other party free and harmless from all losses,costs,damages,claims,liabiliries and expenses in connection
therewith(including,but not limited to,reasonable attomeys' fees)and shall defend such action by legal counsel reasonably
acceptable to the indemnified other party.
21. ESTOPPEL CERTIFICATES
A. TENANT,at the request of GRAPEVINE or GCISD,shall provide GRAPEVINE or GCISD with a certificate stating: (i)
that this Lease is unmodified and in full force and effect(or,if there has been any modification,that the same is in full force and effe�t
as modified and stating the modification);(ii)whether or not,to TENANT's knowledge,there are then existing any set-offs,or
'defenses against the enforcement by GRAPEVINE or GCISD of any of T`ENANT's agreements,terms,covenants or condirions hereof
(and, if so specifying the same); and(iii)the dates,if any,to which the rent has been paid in advance.
::, .
(Printed: 4/12/99,11:59 AM) /� '��
EXHIBIT.�L TO
Page - �— of .�—
B. GRAPEVINE and GCISD,at the request of TENANT,shall provide TENANT with a certificate stating: (i)whether
GRAPEVINE or GCISD has any claim against TENANT and if so,stating the nature of such claim;(ii)that GRAPEVINE or GCISD
recognizes TENANT's right to TENANI"s antennas,equipment and other property;(iii)that T'ENANT has the right to remove
""�TENANT's equipment and other property from the Leased Site notwithstanding that same may be considered a fixture under local
law;and(iv)that GRAPEVINE ot GCISD has no interest in and disclaims any interest to TENANT's equipment and other property.
;�:.�
22. MISCELLANEOUS PROVISIONS
A. GRAPEVINE and GCISD each warrants and agrees that GRAPEVINE and GCISD is seized of good and sufficient title to
and interest in the Leased Site and has full authority to enter into and execute this Lease and that there are no undisclosed liens,
judgments or impediments of ritle on OWNERS' Property that would affect this Lease.
B. This Lease,including attached e�chibits which are hereby incotporated by reference,incorporates all agreements and
understandings between GRAPEVINE,GCISD and TENANT,and no verbal agreements or understandings shall be binding upon
either GRAPEVINE,GCISD or T'ENANT,and any addition,variarion or modification to this Lease shall be ineffecrive unless made
in writing and signed by the parties.
C. GRAPEVINE and GCISD agree that OWNERS' Property(including,without limitation,the Tower),and all improvements,
comply and during the term of this Lease shall continue to comply with all building,life/safety,disability and other laws,codes and
regularions of any applicable governmental or quasi-governmental authority. All such compliance shal]be accomplished at
GRAPEVINE and GCISD's sole cost and expense.
D. This Lease and the performance hereof shall be govemed,interpreted,construed and regulated by the laws of the State of
Texas.
E. This Lease,and each and every covenant and condirion herein,is intended to benefit the Leased Site and shall extend to and
bind the heirs,personal representarives,successors and assigns of the parties.
F. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions,the same as if the
words importing such covenants and conditions had been used in each separate pazagraph.
- G. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease
only after such review and negoriarion. The language of each part of this Lease shall be construed simply and according to its fair
meaning,and this Lease shall not be construed more strictly in favor or against either party.
H. At GRAPEVINE and GCISD's option,this Lease shall be subordinate to any mortgage by GRAPEVINE or GCISD which
from time to time may encumber all or any part of the Leased Site,provided that every such mortgagee shall recognize(in writing and
in a form acceptable to TENAN'1�the validity of this Lease in the event of a foreclosure of GRAPEVINE or GCISD's interest and
also TENANT's right to remain in occupancy and have access to the Leased Site as long as TENANT is not in default of this Lease.
TENANT shall execute whatever instruments may reasonably be required to evidence this subordinarion. If,as of the date of
execution of this Lease,there is any deed of trust,ground lease or other similar encumbrance affecting GRAPEVINE or GCISD's
Property,GRAPEVINE and GCISD each agrees to use its best efforts in cooperating with TENANT to obtain from the holder of such
encumbrance an agreement that TENANT shall not be disturbed in its possession,use and enjoyment of the Leased Site.
I. If GRAPEVINE or GCISD breaches this Lease in any manner or substanrially breaches any material term contained in any
mortgage or deed of trust superior to TENANT's estate under this Lease(other than any mortgage or deed of trust for which TENANT
has obtained a non-disturbance agreement in accordance with Paragraph 22.H.)or contained in any lease under which GRAPEVINE
or GCISD holds title to any portion of OWNERS' Property,and if GRAPEVINE or GCISD fails to commence to cure such breach
within thirty(30)days after receiving a written norice from T'ENANT exactiy specifying the violation(or if GRAPEVINE or GCISD
fails thereafter to diligently prosecute the cure to complerion),then TENANT may enforce each of its rights and remedies under this
Lease or provided by law or it may(although it shall not be obligated to do so)cure GRAPEVINE or GCISD's breach or perform
GRAPEVINE or GCISD's obligations(on GRAPEVINE OR GCISD's behalf and at GRAPEVINE or GCISD's respecrive expense)
and require the GRAPEVINE or GCISD to reimburse(or offset against rent)all reasonable expenses incurred in doing so plus interest
(from the date such expenses are incurred unril reimbursement)at ten percent(10%)per annum.
J. In the event that(i)the Leased Site is encumbered by or subject to any debts and liens,and(ii)GRAPEVINE or GCISD
i defaults in the payment and/or performance of said debts and liens,TENANT may,at its option and without obligation,cure or correct
� GRAPEVINE or GCISD's defaults,and upon doing so,TENANT shall be subrogated to any and all rights, superior ritles,liens, and
(Printed: 4/12/99,11:59 AM) �j C� �
EXHIBIT�/— TO_
Page .�-.- of ..1�--.-
equiries owned or claimed by the holders of such debts and liens,and TENANT shall be enrided to deduct and set-off against all renu
that next may be or may become due under this Lease unril all sums so paid by TENANT to cure or correct GRAPEVINE or GCISD's
defaults have been deducted and set-off in full against such rents.
K. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable,then such portion
shall be deemed modified to the extent necessary in such court's opinion to render such portion enforceable and,as so modified, such
�R'� portion and the balance of this Lease shall continue in full force and effect.
L. If a dispute arises between the parties relating to this Lease,the parties agree to meet to try to resolve the dispute. Such
meeting shall be attended by individuals with decision-making authority to attempt, in good faith,to negoriate a resolution of the
dispute prior to pursuing other available remedies. If,within thirty(30)days after such meeting,the parties have not succeeded in
negoriating a resolurion of the dispute,either party may request that such dispute be resolved through non-binding mediarion. The
mediator shall be an individual or firm with expertise in wireless telecom-municarions,as well as in the subject matter of the dispute.
If either party institutes any acrion or proceeding in court to enforce any provision hereof,or any acrion for damages for any alleged
breach of any provision hereof,then the prevailing party in such action or proceeding shall be enritled to receive from the non-
prevailing party such amount as the court may adjudge to be reasonable attomeys' fees for the services rendered to the prevailing
party,together with its other reasonable litigation expenses.
M. In addition to the other remedies provided for in this Lease,GRAPEVINE,GCISD and TENANT shall be entitled to
immediate restraint by injunction of any violarion of any of the covenants,conditions or provisions of this Lease.
N. The captions of the pazagraphs of this Lease aze for convenience of reference only and shall not affect the interpretarion of
this Lease.
O. Concurrently with the execution of this Lease,GRAPEVINE and GCISD shall execute before a notary and deliver to
TENANT for recording a"Memorandum of Lease AgreemenY'in the form of the attached Exhibit"B",with the same Exhibits"A 1",
"A2"and"A3"as aze attached to this Lease. Such Memorandum shall not disclose any financial terms,unless required to do so by
the laws of such jurisdiction.
`�' �IN WITNESS WHEREOF,GRAPEVINE,GCISD and TENANT have duly executed this Lease as of the date first above written.
';,�,:�,TENANT:DALLAS SMSA LIMITED PARTNERSHIP.By Its General Pamer,Southwestem Bell Wireless,Inc.
�J
��%t,�f ��Z�-��_
L ell D.Wlutlock
ice-President,General Manager
OWNERS: The CITY OF GRAPEVINE,Texas,a municipal corporarion,incorporated under Article XI, Secrion 5,of the
Consriturion of the State af Texas
�.
y,�,
'".F-s:,
gy;_T�--:r > .
Name:
Its:
Tax No.: 75-6000546
Appzoved as to form:
City Attdrney � �
4.. .. � l... ' ��� .
�...
�.u,:,.;n, �
EXyIg�T� TO
�, page �— of .1�----
(Printed: 4/12/99,11:59 AM)
GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT
� . gy. -
Name: �t� t'c
Its: �ri'std�er�-l' � GC IS L� 3oard of� T usft�s
��"Tax No.: 75-6001702
Approved as to form:
�:_ :
cXHIBIT_LL_ TO ,"�
(Printed: 4/12/99,>>:s9�� Page _l�. Ot ...Ll�
�,..�,
Exhibit "A1"
Legal Description of Owner's Property
Being a tract of land located in the P.R. Splane Survey,Abstract no. 1453, Tarrant County, Texas
and being the same tract as described in instrument of record in Volume 4485, Page 9, of the
Deed Records of i arrant County, Texas and being more particularly described by metes and
bounds as follows:
Beginning at a point for corner found at a fence corner for the southeast corner of the herein
described tract, the same being the southwest corner of that certain tract described in Volume
6949, Page 1696, of the Deed Records of Tarrant County, Texas, and being the northerly line of
Mustang Road (undefined width);
Thence South 75 degrees 34 minutes 40 seconds West,with said Northerly line, 1393.19 feet to
��.
a point for corner;
Thence North 01 degrees 08 minutes 21 seconds East, generally with an existing fence, 651.92
feet to a point for corner, also being a monumented southerly line of State Highway 26 (150 feet
wide);
Thence North 54 degrees 59 minutes 00 seconds East, with said southerly line 1218.05 feet to a
point for corner;
Thence South 89 degrees 02 minutes 46 seconds East, 349.75 feet to a point for corner;
Thence South 00 degrees 37 minutes 43 seconds West, 997.97 feet to the Point of Beginning
and containing 28.260 acres, more or less.
/ � �
�.. , �Xy.�.' T� �,
���� _.�,_., ot
EXHIBIT"A1"
Page 2
W North 15 degrees 41 minutes 07 seconds West,a distance of 56.25 feet to the beginning of a curve to the
left through a central angle of 88 degrees 10 minutes 51 seconds,and an arc distance of 38.48 feet with a
chord bearing of North 59 degrees 46 minutes 32 seconds West,a distance of 34.79 feet to a point;
1. South 76 degrees 08 minutes 02 seconds West,a distance of 31.77 feet to a point;
2. South 14 degrees 34 minutes 53 seconds East,a distance of 17.02 feet to a point;
3. South 75 degrees 25 minutes 07 seconds West,a distance of 12.00 feet to a point;
4. North 14 degrees 34 minutes 53 seconds West,a distance of 29.17 feet to a point;
5. North 76 degrees 08 minutes 02 seconds East,a distance of 55.55 feet to the beginning of a curve to
the right through a central angle of 88 degrees 10 minutes 51 seconds, and an arc distance of 38.48 feet
with a chord bearing of South 59 degrees 46 minutes 32 seconds East,a distance of 34.79 feet to a
point;
6. South 15 degrees 41 minutes 07 seconds East,a distance of 67.88 feet to a point,same being the South
line of said Grapevine Independent School District tract,also being the North right-of-way line of said
Mustang Road;
'Thence along the South line of said Grapevine Independent School District tract,same being the North
right-of-way line of said Mustang Road,South 74 degrees 18 minutes 53 seconds West,a distance of 12.00
feet to the point of Beginning and containing 2,127 square feet or 0.0488 acres,more or less.
, '
EXHIBIT� TO '
�., r
P��Q 2 " of ��
EXHIBIT "A3"
��: :.
�EGAL DESCRIPTION
LEASE AREA
BEING part of Education Center Addition, an Addition to the City of Grapevine,
Tarrant County, Texas, according to the Plat recorded in Volume 388-185 Page
39, Plat Records, Tarrant County, Texas,and being part of the same property
conveyed to Grapevine Independent School District by Warranty Deed, recorded
in Volume 4485, Page 9, Deed Records, Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at the southwest comer of said Grapevine Independent School
District
tract, same being on the existing north right-of-way line of Mustang Road;
THENCE along the south line of said Grapevine Independent School District
tract, same being the north right-of-way line of said Mustang Road, North 74
degrees 18 minutes 53 seconds East, a distance of 396.18 feet to a point;
THENCE through the interior of said Grapevine Independent School District
tract, North 15 degrees 41 minutes 07 seconds West, a distance of 58.56 feet
to an chiseled "x"set in concrete for the POINT OF BEGINNING hereof;
THENCE continuing through the interior of said Grapevine Independent School
District tract the following five (5)courses:
1. North 14 degrees 34 minutes 53 seconds West, a distance of 19.00 feet to a
�� chiseled"x"set in concrete;
2. North 74 degrees 47 minutes 38 seconds East, a distance of 30.00 feet to a
5/8"iron rod set;
3. South 14 degrees 34 minutes 53 seconds East, a distance of 14.77 feet to a
5/8" iron rod set;
4. Along a non-tangent curve to the left having a radius of 31.00 feet,
through a central angle of 14 degrees 14 minutes 30 seconds, an arc distance
of 7.71 feet, a chord bearing of South 41 degrees 24 minutes 18 seconds West
and a chord distance of 7.69 feet to a 5/8"iron rod set;
5. South 74 degrees 47 minutes 38 seconds West, a distance of 23.63 feet to
the POINT OF BEGINNING hereof and containing 555 square feet or 0.0127 acres
of land, more or less.
��fI�I��T�LL� TO
�: . Pa�a � of _.L__
EXHIBIT "A4"
GRAPEVINE
MUSTANGS
EXISTINCs PRIMECO
ANTENNAS
PROPOSED SWBW DIREGTIONAL
ANTENNAS fT7P.OF 9l
I
2of2
I
PROPOSED SWBW ExISTING WATER
DIRECTIONAL ANTE A I STO(2ACsE 7ANK
�
DASNED LINE INDIGATES
� PROPOSED SU�W GABLE
= I ROUT ING
�7 �
w EXISTINCs PRIMEGO
_
LL z EQUIPMENT PLATFO�"1
—0., � � TO REMAIN
�" i �
p LL I PROPOSED 6'-O" H.UJOOD FENCE
� � � TO MATGN EXISTINCs PRIMECO WOOD FEN,r.E
� � �
a I PROP05ED SUJBW II'-O" x ?O'-O"
EQUIF'I'1EN7 ENCL05URE
O �
�
� CsROUND ELEVATION
�
� EXISTING GNAIN �INK
� FENCE TO REMAIN
�
\ 5�sAL. PNOTINIA 9 3'-O" ON GENTER
PRIt1EC0 LANDSGAPINCs � RE•ROUTED GNAIN LINK FENCE
3 NORTH ELEVATION
� EXHIBIT�TO .� �; '-� �
Page .,..�,_ of _L_,
1
EXHIBIT "B"
MEMORANDUM OF LEASE AGREEMENT
'` `'`THIS MEMORANDLTM OF LEASE AGREEMENT,made and entered into as of this day of L' , 1999,by and
between The City of Grapevine,Texas("GRAPEVINE"),a municipal corporarion,incorporated under cle XI, Secrion 5 of the
Consritution of the State of Texas,and the Grapevine-Colleyville Independent School District("GCISD"),and
("TENANT").
�
1. GRAPEVINE and GCISD,on the terms and conditions set forth in an unrecorded document dated � , 1999,and
entitled"Ground and Tower Lease Agreement,"which tern�s and conditions are incorporated herein by ref� nce,and in consideration
of the rent and covenants therein provided,dces hereby lease to T'ENAIV'T,and TENAIVT hereby rents and accepts from
GRAPEVINE and GCISD,certain property("Leased Site")which is d�scribed in Exh�bit"A3"attached hereto and incorporated
herein by this reference and which is located at 3050 Mustang Drive,in the City of Grapevine,in the County of Tarrant,in the State
of Texas,within the property of GRAPEVINE and GCISD which is descnbed in Exhibit"A i"or"A2"attached hereto and
incorporated herein by this reference("OWNERS' Property"),toge ith a o - xclusive easement to access the Leased Site and
to install and maintain utiliries,for an initial term commencing on � , 1999,and expiring on the fifth
anniversary of the commencement of the initial term,which term may extended by TENANT for four(4)addirional five(5)year
period(s)subject to the conditions of Paragraph 3.B.of the Ground and ower Lease Agreement.
2. Pwsuant to the Ground and Tower Lease Agreement,among other things,GRAPEVII�TE and GCISD shall not cause or pernut any
use of the OWNERS'Property which interferes with or impairs the quality of the communications services being rendered by
TENANT from the Leased Site.
IN WITNESS WHEREOF,GRAPEVINE,GCISD, and TENANT have duly executed this Memorandum of Lease Agreement as of
the date first above written.
)WNERS:The CITY OF GRAPEVII�JE,Texas,a municipal T'ENANT: D A L L A S S P•1 S A L I M I T E D P A R T N E R S H I P,
:orporarion,incorporated under Article XI,Section 5 of the � B Y I t s G e n e r a 1 P a r t n e r,
.,�onstitudon of the State of Texas and the Grapevine-Colleyvill � S o u t h w e r n B e 1 W i r e 1 e s s I n c .
Independent School District
The City of Grapevine}Texas .
r,Y, �,�° L ell D. Whitlock
B ; ' Vice-President , General Manager
Y =�^.`
Name: :. � .:
Its: . % � - -
Approv�d as to form:
__ -�
C�°�"���Y
GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL
DISTRIC'T
By:
Name: "— n��c he-
Its: s +en a{r�s, �'C*/Sp
EXHIBIT� TO .� �^ �
rinted: 4/12/99,11:59 AM) Page _.1._� �f �
EXHIBIT"B"
�� �� The State of -- � �-�-�' �
___._
County of - � - � � r
Before me �-°•�!� �� � � on this day personally appeared �!_�"�_-� �� � - � "= "
known to me •(or-proved to me on the oath of or through
(description of identity card or other document) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Giveri�ecK�t��ak;a�.d,��},����'i�e this day of %I - ,A.D. �
xv"i•u*�+�, : ,.. _ , .
X �;'F.....a<,�,, �;:'a.:�LY BERRY
X �_ � NOTARY PUBLIC - 1E1; '
X •�' �-�A MY COMMISSION EXPI�a � � �` -
X �ar�,••��,_ Notary Signature
x ,_ Jl��.'� 17. 19aq
xxxxxxxxxxxxxxxzxxxxxxxxxr� :�r +x;-
The State of ��GS
County of i d YYQ K t
Before me �n,� I )n ilo.► rf' on this day personally appeared��Q��cA. T'C .�'L,Y1E
known to me ��r��P� t� P on th�oath e# s a n I or through
(description of identity card or other docu ent) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
" ' consideration therein expressed.
��
Given under my hand and seal of office this�day of Q��� , A.D. /9 '�!� .
:�i�'`"""?�;: KAY DAVENPORT
'��'`= MY COMMISSION EXPIRES
?� .�t�:�"; APri�2a`�2003 tary Signature
,,,�
�__
The State of � �xA,-�
County of����5
Before me Ktil°��-,.�� nn thic ciay per�Q n�aliy appeared ��-'�-"-' ►-r�oc�
known to me e to me -V�So �a��-�..-� or through
(description of identity card or other document) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this �� day of �ja`( ,A.D. �� �QI .
/
SEAL ;.',.'...'°""'°'°°°m°m
q� Nota Signature
;'i°.`•�' `�t, SKfP OGLE
;�,�;� MYCOMMISSIO(VFXp�Ra
'''+';y�'i�'� Jiu9ust 4,2002
EXHIBIT_�� TO '� . -�
�. Page of
Exhibit "A1"
Legal Description of Owner's Property
Being a tract of land located in the P.R. Spiane Survey,Abstract no. 1453, Tarrant County, Texas
and being the same tract as described in instrument of record in Volume 4485, Page 9, of the
Deed Records of i arrant County, Texas and being more particularly described by metes and
bounds as follows:
Beginning at a point for corner found at a fence corner for the southeast corner of the herein
described tract, the same being the southwest corner of that certain tract described in Volume
6949, Page 1696, of the Deed Records of Tarrant County, Texas, and being the northerly line of
Mustang Road (undefined width);
Thence South 75 degrees 34 minutes 40 seconds West,with said Northerly line, 1393.19 feet to
a point for corner;
Thence North 01 degrees 08 minutes 21 seconds East, generally with an existing fence, 651.92
feet to a point for corner, also being a monumented southerly line of State Highway 26 (150 feet
wide);
Thence North 54 degrees 59 minutes 00 seconds East, with said southerly line 1218.05 feet to a
point for corner;
Thence South 89 degrees 02 minutes 46 seconds East, 349.75 feet to a point for corner;
Thence South 00 degrees 37 minutes 43 seconds West, 997.97 feet to the Point of Beginning
and containing 28.260 acres, more or tess.
��� ��� � ,
� � �
! �, f �
� �X'�1;�:` �d�a T� Ot
EXHIBIT"A1"
Page 2
North 15 degrees 41 minutes 07 seconds West,a distance of 56.25 feet to the beginning of a curve to the
left through a central angle of 88 degrees 10 minutes 51 seconds,and an azc distance of 38.48 feet with a
chord bearing of North 59 degrees 46 minutes 32 seconds West,a distance of 34.79 feet to a point;
1. South 76 degrees 08 minutes 02 seconds West,a distance of 31.77 feet to a point;
2. South 14 degrees 34 minutes 53 seconds East,a distance of 17.02 feet to a point;
3. South 75 degrees 25 minutes 07 seconds West,a distance of 12.00 feet to a point;
4. North 14 degrees 34 minutes 53 seconds West,a distance of 29.17 feet to a point;
5. North 76 degrees 08 minutes 02 seconds East,a distance of 55.55 feet to the beginning of a curve to
the right through a central angle of 88 degrees 10 minutes 51 seconds,and an arc distance of 38.48 feet
with a chord bearing of South 59 degrees 46 minutes 32 seconds East,a distance of 34.79 feet to a
point;
6. South 15 degrees 41 minutes 07 seconds East,a distance of 67.88 feet to a point,same being the South
line of said Grapevine Independent School District tract,also being the North right-of-way line of said
Mustang Road;
Thence along the South line of said Grapevine Independent School District tract,same being the North
right-of-way line of said Mustang Road,South 74 degrees 18 minutes 53 seconds West,a distance of 12.00
feet to the point of Beginning and containing 2,127 square feet or 0.0488 acres,more or less.
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EXHIBIT "A3"
- LEGAL DESCRIPTION
LEASE AREA
BEING part of Education Center Addition, an Addition to the City of Grapevine,
Tarrant County, Texas, according to the Piat recorded in Volume 388-185 Page
39, Plat Records, Tarrant County, Texas, and being part of the same property
conveyed to Grapevine independent School District by Warranty Deed, recorded
in Volume 4485, Page 9, Deed Records,Tarrant County,Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at the southwest comer of said Grapevine Independent School
District -
tract, same being on the existing north right-of-way line of Mustang Road;
THENCE along the south line of said Grapevine Independent School District
tract, same being the north right-of-way line of said Mustang Road, North 74
degrees 18 minutes 53 seconds East, a distance of 396.18 feet to a point;
THENCE through the interior of said Grapevine Independent School District
tract, North 15 degrees 41 minutes 07 seconds West, a distance of 58.56 feet
to an chiseled "x"set in concrete for the POINT OF BEGINNING hereof;
THENCE continuing through the interior of said Grapevine Independent School
District tract the following five(5)courses:
1. North 14 degrees 34 minutes 53 seconds West, a distance of 19.00 feet to a
- chiseled "x"set in concrete;
2. North 74 degrees 47 minutes 38 seconds East, a distance of 30.00 feet to a
5/8" iron rod set;
3. South 14 degrees 34 minutes 53 seconds East, a distance of 14.77 feet to a
5/8"iron rod set;
4. Along a non-tangent curve to the left having a radius of 31.00 feet,
through a central angle of 14 degrees 14 minutes 30 seconds, an arc distance
of 7.71 feet, a chord bearing of South 41 degrees 24 minutes 18 seconds West
and a chord distance of 7.69 feet to a 5/8"iron rod set;
5. South 74 degrees 47 minutes 38 seconds West, a distance of 23.63 feet to
the POINT OF BEGINNING hereof and containing 555 square feet or 0.0127 acres
of land, more or less.
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