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Nextel-CS 970331MAR 31 ' 97 17:05 FR NICH~OLS JCKSON DLLRD Z14 ~65 0010 TO ~PEI_IT P.03/05 STATE OF T~XA$ § DALLAS COUNTY, TEXAS § LETTER OF INTENT This Letter of Intent is made by and ~ the City of Coppell, T Nextel of Texas, Inc. ('"N~XTEL") acting by and throush their authorized repJ W]li~RF.,AS, the CITY has adopted regulations re$ar~g the communication facilities; and WRI~REAS, such regulations are designed to protec~ residential areas potential adverse impacts of towers and antennas for wireles~ e~ommunic~tion f WHEREAS, such regulations permit the siting of wireless tolecommm antennas on property owned, leased or otherwise controlled by the CITY pv lease is authorizin$ such antenna or tower has been approved by th~ CITY; Wi~.REAS, the CITY intends to erect a water tower (the "Tower" property known as Wagon Wheel Park; and Wm~_REAS, NEXTEL, Inc. desires to ~ter into a Ieee telecommunication facilities on the Tower; and WI~KREAS, the CITY and NEXTEL desire to enter into a Lett~' of lease of the Tower for siting NEXTEL's wireless telecommunication facility. NOW, Tm~-R~FORE, in consideration of the e0~pressions of intent set forth herein including the recitals, the parties agree as follows: INTENT OF CITY AND N~..,XT~L I. CITY intends to erect a water tower on Wagon Wheel Park w~ operational on or.sl~$uly, 2001. ..~ 2. NEXTEL desires to lease spac~ on the-T~Jwer.,to site ~ wireless facilities after the Tower becomes operationa~ i~38~1. /' Letter to Intent - Page I DRAFT March 31, 1997 ~ of wir~ fication towers and )vialed a license or ) on CITY owned to sitz wireless Intent regarding a the CITY to be :eleCOmmunication MAR 31 '9? 17:05 FR NICJ~LS JCKSON DLLRD ~14 965 0010 TO ~PELL ~M P.04/05 3. CITY and NEXTEL intend to ent~mto a lease to permit the ~iting of NEXTF, L'$ wireless telecommunications facility on the Tower~in ac~,ordance with the folldwing terms: A. Upon execution of a lease, NEXTEL will pay ',:he CIT~ the s~ Dollars ($500). B. Lease will provide a primary teini of five (:5) years with five options not to aggregate beyond twenty (:20) years. C. Lease will provide a monthly rental of Thirteen Hundred month for the initial term and contain an escalation provision whk annual rental by three (3%) percent per annum. ~n of Five Hundred (5) year renewable olla~s (SI,300) per h will increase the Letter to Intent - Page 2 D. NEXTEL shall be responsible for obtaining all license permitts fi'om .F. ederal and State authorities for the installation of the wireless antenna oommunic~n fi~iity. / E. NEXTEL shall ~r be. responsible for, all cost Of' installatibn Of' .the ~wi~. !~_.__ %tual The wireless telecommunication facility on the Towe~ shal~ be at a location ly acceptable to the parties. ,,-^,,.,..~.~..~ ~ The lease shall commence On a mutually acceptable date -~-- ~_- il~' NEXTEL shall be responsible for payment of any..ad valor~nn or other taxes '~~ or imposed against thc CITY as a result of the s~tmg of I~/EX'I'EL's wireless telecommunication facility on the Tower. l 4 ...... mutually satisfactory lease for the siting ofNEXTEL S wireless telecommunie~on ..f~w on the .Tower and shall not be binding upon the parties in any way, except to..file exte~ that it refle~ the tntent to proceed to negotiate a definitive lease with respeot to the rating ofl~L"rEL's wireless telecommunication facility on the Tower. Unless the parties enter into a lea~ neither patty shall be under any obligation to the other, irrespective of this letter and irrespective ~fany negotiations, agreements or understanding of either party, it being undemood that no contractual relationship shall exist between the parties unless and until a lease shall have been exe,~ated :a writing. $. The CITY and NEXTEL agree this Letter of Intent expires on 1997. MAR 31 Letter to Intent - Pa~e 3 17:05 FR NI~W.I~]LS JCKSON DLLRD 214 gG5 0010 TO~W~I~PELL CITY OF COPPE[,L, TEXAS By: 255 Parkway Boulevard P.O. Box 478 Coppell, T~r. as 75019 NEXTEL OF TEXAS, INC. By: ROB]/~,T K]gY AUTHORIZED AGEN3 Address: CM TOTAL PI:~E.05 **