Nextel-CS 970424The City With A Beautiful Future
April 24, 1997
Glenn W. Conway
Manager, Site Development
Nextel of Texas, Inc.
8585 North St~ Freeway
Dallas/~ 75247]
RE'~ Nextel Lette/of Intent
P,O. Box 478
Coppell, Texas 75019
214-462-0022
I am enclosing three si/ned Letters of Intent, and have kept a signed original for ny files. However,
I nnust put you on notice that I am somewhat surprised regarding the three-year 'enewal options that
are outlined in the Letter of Intent. Represeatatives of Nextel have assured us, · d I have assured
City Council, that five-year options would be ne~oliatod. Since this is strictly ~ ..Letter of Intent, I
believe this is a subject that we need to address during our lease negotiations reg~oing the use of the
City's water tower.
Once again, I appreciate Nextel's cooperation and interest in the utilization of Cit facilities, and look
forward to our upco~ lease negotiations.
~l~ly,
finn Witt
p~Cit~
lW:kb
cc:
~K'~ Griffin
STATE OF TEXAS
DALLAS COUNTY, TEXAS
LETTER OF INTENT
This Letter of Intent is made by and between the City of Coppell, Texas ("CITY
Texas, Inc., ("NEXTEL") acting by and through their authorized representatives.'
RECITALS
WHEREAS, the CITY has adopted Ordinance No. 91500-A-15, regarding the si
communication facilities; and
WHEREAS, such regulations are designed to protect residential areas and land t
adverse impacts of towers and antennas for wireless communication facilities; and
WHEREAS, such regulations permit the siting of wireless telecommunication to
on property owned, leased or otherwise controlled by the CITY provided a license or ale
such antenna or tower had been approved by the CITY; and
WHEREAS, the CITY intends to erect a water tower (the "Fower") on CITY ov
knows as Wagon Wheel Park; and
WHEREAS, NEXTEL, Inc. desires to enter into a lease to site wireless telecorm
facilities on the Tower; and
WHEREAS, the CITY and NEXTEL desire to enter into a lease to site wireless
telecommunication facilities on the Tower; and
NOW, THF~REFORE, in consideration of the expressions of intent and represet
herein including the recitals, the parties agree as follows:
INTENT OF CITY AND NEXTEL
1. CITY intends to erect a water tower on Wagon Wheel Park within the CITY to
or before July 2001.
2. N-EXTEL desires to lease space on the Tower and the surrounding property for
building to site wireless telecommunication facilities after the Tower becomes operation;
3. CITY and NEXTEL intend to enter into a lease to permit the siting of N-EXTEL
telecommunications facility on the Tower and the surrounding property in accordance wi~
terms:
Ao
Upon execution of a lease, NEXTEL will pay the CITY the sum of Fiv
Dollars ($500).
Bo
Co
Lease will provide a primary term of five (5) years with three (3) year
options not to aggregate beyond twenty (20) years.
Lease will provide monthly rental of Thirteen Hundred Dollars ($1,30
for the initial term and contain an escalation provision which will incre
rental by three (3%) percent per annum.
') and Nextel of
:ing of wireless
sed from potential
~ters and antennas
tse is authorizing
,ned property
nunication
tations set forth
operational on
heir 10'x20'
I.
's wireless
h the following
Hundred
~newal
,) per month
~se the annual
Letter of Intent 4/11/97
NEXTEL shall be responsible for obtaining all licenses and permits frm
State authorities for the installation of the wireless antenna communicati
Nextel shall be responsible for all cost of installation of the wireless tele
facility, including modifications or additions to the Tower design to acc,
wireless telecommunication facility.
The wireless telecommunication facility on the Tower and the surroundi
be at a location mutually acceptable to the parties.
Go
N-EXTEL shall coordinate with the CITY, the installation of all facilitie
the construction of the water tower. Said Tower construction is estima~
Summer of 1997 and be completed by November 1998.
Ho
The lease shall commence on a mutually acceptable date no later than S
2001.
NEXTEL shall be responsible for payment of any ad valorem o,r other
imposed against the CITY as a result of the siting of N'EXTEL s wirele~
telecommunication facility on the Tower.
4. This Letter of Intent is expressly conditioned upon and subject to the parties ente
mutually satisfactory lease for the site of NEXTEL's wireless telecommunication facility
mutually agreeable location of said antenna on the Tower and shall not be binding upon ti
way, except to the extent that it reflects the intent to proceed to negotiate a definitive lea~
the site of NEXTEL's wireless telecommunication facility on the Tower. Unless the patti
lease, neither party shall be under any obligation to the other, irrespective of this letter an,
any negotiations, agreements or understanding of either party, it being understood that no
relations shall exist between the parties unless and until a lease shall have been executed
5. The CITY and N'EXTEL agree this Letter of Intent expires on August 31, 1997.
CITY O~XAS
By:
~Vitt, City Manager
255 P/~rkway Boulevard
P.O2Box 478
Coppell, Texas 75019
By: tf
Glenn W. Conway
Manager, Site Developmen
8585 North Stemmons Freeway
South Tower, 10th Floor
Dallas, Texas 75247
a Federal and
on facility.
communication
)mmodate the
ng property shall
needed during
xl to begin in the
:ptember 1,
txes assessed or
,S
ring into a
~n the Tower and
~e parties in any
~ with respect to
~s enter into a
irrespective of
:onlractual
writing.
Letter of Intent 4/11/97
APR 30 '97 14:35 FR NI~LS JCKSON DLLRD 214 965 0010
norm' E HAGE~n
I~.T~:FI G .~MITI,.I
DA,nO M. BEmaat, t
NICHOLS, JACKSON, DILLARD, HAGER & SM1TH, L.L.I
Attorneys & Coue~o~ at Law
1800 Liacola PI .aZa
.5OO Nom~ Akard
Dall~ Texas 75201
(2t4) 965.9900
Fax (2~4) 96.vO0z0
ApHI30,1997
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
VIA FACSIiV
972/304-3622
Re: License for Communication Facilities; NEXTEL
Dear Mr. Witt:
Ple~e fred enclosed the draft of a License for Coramunications
the City of Copl~ll and NEXTEL, for ~he use of the Wagon Wheel Park
communications facilities.
By copy of this letter, I am forwarding ~e same to Mr. Belou
will work directly with NEXTEL to finalize this License Agreement.
Thank you for your attention to this mattrr. Please feel free to
any questions.
Very truly
NICHOLS, JACKSON, DII
HAGER & SMITH,
JCM/mmm
Enclosure
cc: Bridges Belou
By: '~ff~~
'jaS°n' Marshall
VIA FACSIMILE
P.02/10
JOHN F. RO~ III
p, ogr~rr L On. LARO. J~
H. LOUIS N~G~tOt.$
01~ OCXJI,~EL
ILE
cilities between
~/ater Tower for
~ NEXTEL, and
call if you have
,14/630-1426
9129
APR 30 'g? 14:35 FR NI~[]LS JCKSON DLLRD ~14 g65 0010 TO ~"~304~;
STATE OF TEXAS
COUNTY OF DALLAS
KNOWN ALL MEN BY TH
LICENSE FOR COMMUNICATIONS FACILITIF-~
This non-cxcl~ive Lic~se for Communications Facilities CAgreemen
lmtwecn thc City of Coppcli (hereinafter referred to as the "CITY") and NE
r~fened to as "LICENSEE"), for the use of certain premises md/or facilitie
following te,,~-~s and conditions:
WITNESSETH:
WHEREAS, the CITY desires to provide LICENSEE with facilitie
operating certain communications equipment, including the installation of ~
systcms and the space required to run cable between the equipment and the
systems; and
WHEREAS, the CITY owns and/or intends to construct the prer
described below and desires to allow the LICENSEE to enter and utiliz~
premises;
NOW, THEREFORE, for the consideration and on the terms and conclJ
forth, the parties agree as follows:
Location
located at:
The premises and facilities ("the "PREMISES") to be provid
Wagon Wheel Park
Coppell, Dallas County, 't'e xas
more specifically dcscribed as: Wagon Wheel Water Tower
P. 03/10
DRAFT
APRIL 29,1997
ESE PRESENTS:
f) is made by and
CrEL, (hereinafter
according to tl~
for homing and
~nnas or antenna ,
nterma or antenna
qms and facilities
lese facilities and
hereinafter set
~d by the City am
License for Communications Fmcilitbs - Ps~ ! 9064
APR 30 '97 1~:36 FR NIC~LS JCKSON DLLRD ~1~ ~G5 0010 TO ~30~3G
Equipment
2. The CITY agrees to allow installment of LICENSEE's
improvements as described and illustrated in "Appendix A" (also referred to
which is attached hereto, and incorporated herein, in accordance with the ~rm___s ~
Term
3. This Agreement shall be for an initial tei-iii of five (5) year
(the EFFECTIVE DATE), and said Agreement may b
this period or any ex~ension period, pursuant to paragraphs 5, 7 and 11. ·
automatically terminate if LICENSEE is unable to obtain all necessary Gove~
for LICENSEE's intended use of and improvements to the PREMISES. Up<
initial term, the CITY or LICENSEE shall have the right to terminate this a~
upon providing CITY one (I) year prior written notice withou~ further obligatio~
4. LICENSEE is granted the option to renew this license for thre~
(5) year periods, after the initial term expires. LICENSEE must give written no
exercise this option to CITY no less than ninety (90) days prior to the expirafior
or period. All the terms and covenants of this Agreement apply to all extensio~
Section 9, and subject to amendment by the mutual agreement of the parties, i~
by both parties, as provided by this Agreement. At the expiration of all of th
provided herein, unless renewed or superseded, this Agreement shall conth
month under the terms and conditions set forth herein, and it may be termk
upon at least thirty (30) days notice to the other party.
Licensee Default
5. The occurrence of any one or more of the following e~ent.~
"Event of Default" hereunder by LICENSEE:
(a) The failure by LICENSEE to make any payment of
paymem required to be made by LICENSEE hereunder, as and when due, whe
continue for a period of twenty (20) days after written not/ce thereof is recei
from CITY.
(b) The failure by LICENSEE to observe or perform any,
provisions of this Agreement to be observed or performed by LICENSEE, other
Paragraph 5(a), where such failure shall continue for a period of thirty (30) day~
thereof is received by LICENSEE from CITY; prov/ded, however, that it ab. al
Event of Defatflt by LICENSEE if LICENSEE shall commence to cure such
thirty (30) day period and thereafter diligently prosecutes such cure to completic
P.04/lO
as the "Site Plan"),
,f'Jfis Agreement.
$~ commenoiRg Oll
: termina~ durin~
tis Agreement will
nmental Appwvals
,n expiration of the
~ement at any time
hereunder.
(3) additional five
ice of a decision to
· of the current tei-i-,i
t periods, subject to
writing and signed
~ extension periods
~ue from month to
Red by either party
shall constitute an
rent or any Other
re such failure shall
red by LICENSEE
)f the covenants or
than as specified in
after written notice
not be deemed an
n.
License for Communications Faeilitits - Page 2 9064
APR 50 '97 14:36 FR NIC.~IIQLS JCKSON DLLRD 214 965 0010 TO ~30436~
6. If there occurs an Event of Default by LICENSEE, in addition to l
available to CITY at law or in eXluity, CITY shall have the option to ten'ninate t
all rights of LICENSEE hereunder.
Nuisance
7. The CITY may terminate this License in the event the use of thc
have been found to be a nuisancc. In the event of termination by CITY, th~
LICENSEE notice in writing at least one (1) year prior to thc termination date.
Use of Premises
8. The use of the provided PRBMISES by the LICENSEE in col
terms of this Agreement, is to be for the installation, operation and maintenance
equipment, in strict compliance with this Agreement and the attached Site PI~
The LICENSEE may not sublet to or license others to use the PREMISES, withe
consent of the CITY; provided however, LICENSEE may without the consent el
license to any party that is a parent company, wholly-owned sub-4diary, or affilia
ConsideFation
9. LICENSEE agrees to pay to CITY the sum of $500 (Five Hun,
execution of this Agreeemenr Additionally, in consideration for providing the
by the LICENSEE, the LICENSEE shall pay to the CITY a rental fee of $1
first year, due on the first day of each month, and prorated for any partial
payment shall commence on the EFFECTIVE DATE. The mon'&ly rent in sue
be the monthly rent in effect for the previous year increased by three percent (3°,~
A~ss
10. The LICENSEE shall have the non-exclusive right to access
PREMISES at any time, by contacting and providing notice to thc CITY. If th,
by LICENSEE after the normal business hours of the CITY, for the purpo,,
aforementioned location, ~he LICENSEE agrees to reimbu~e ~he CITY for th~
city staff involvement necessary for this access.
Interference
1 I. LICENSEE shall not cause electrical interference to the CFI
licensee who is using thc PREMISES at the time of LICENSEE's installation
equipment. Should such interference occur, LICENSEE will take all steps x
such interference and, if such interference cannot be corrected, LICENSEE will
from the site, and this Agreement shall be terminated. The CITY will not gr
P.05/10
ny other remedies
is Agreement and
~ Site shall
CITY shall give
unction with the
,f communications
~ CAppcndix A~).
at ~e prior written
CITY; assign this
e.
red Dollars) upon
REMISES for use
per month for the
lonth. This renlal
sequent years shall
,).
he aforementioned
CITY is contacted
',e of accessing the
actual cost of any
Y or to any other
or operation of its
tecessary to correct
cease its operations
~! a license to any
License for Communications Facilities - Pa~e 3 9064
APR 30 '97 14:37 FR NIC~WqLS JCKSON DLLRD 214 965 0010 TO gm~JO43G~
other party for the use of the CITY's property without including in that licemse
that the party's use will not in any way adversely affect or interfere with the I
operation of its communication system. Furthermore, the LICENSEB shall
terminate this Agreement upon thirty (30) days notice to the CITY if another u
causes significant interference with LICENSEE's operations, and such intefferex
within thirty (30) days following the notice.
a provision
ICENSEE's ~
have the right to
ser of the facilities
~e is not corrected
12. LICENSEE shall have the sole burden of, and be responsible for ~11 costs associated
with, alleging and proving that another user of the PREMISES iq causing significant intad'erence,
or for otherwise enforcing LICENSEE's rights under this Agreement. The CITY shall not be
responsible for the costs associated with the resolution of any dispute bct}v¢¢n users of the
PREMISES, or enforcement of any of LICENSEE's rights under this Agreementt
Utility Easements and Utility Co~t/5 "~--~°'e'~'&~'r'al t'v,~P-*'~
13. The LICENSEE will be responsible for any and all 96sts assoei~ed with electrical
hookup, maintenance and service, which is due to the LICENSEE'"-- ~{operations ~t the PREMISES.
The CITY shall provide and grant to LICENSEE ~my easements neeessmy far the provision of
electric and telephone hookup and service to this PREMISES and LICENSEE's
14. LICENSEE agrees to reimburse the CITY for all such taxes
against the CITY due to the personal property improvements constructed
LICENSEE on or about the PREMISES; provided however, the CITY shall m
provide prior notification of any taxes for which LICENSEE is to be charged,
~vill have the opportunity to appear before the taxing authority ard contest any a~
Liability and Indemnification
15. LICENSEE shall at all times comply with all law~ and ordinano
regulations of municipal, state and federal government authoritie~ relating
maintenance, height, loe~tion, use, operation, and removal of the equipment, a~
other alterations or improvements authorized herein, and shall fully in&mni~
any loss, cost, or expense which may be sustained or incurred by the CI
LICENSEE's installation, operation, or removal of said improvements, exce
whole or in part by the negligence or willful misconduct of the CITY, its
employees.
16. LICENSEE agrees and is bound to indenmify, defend, and hc
and harmless against any and all claims for any loss or damages that nmy m
maintenance, and occupancy of LICENSEE's installations and improvements by
:quipment.
vhich are assessed
or maintained by
e its best efforts to
so the LICENSEE
sessment.
~s and all rules and
~o h'~ installation,
tenna systems, and
'the CITY against
fY as a result of
where caused in
;ents, ~e~ants or
d the CITY whole
isc out of the usc,
LICENSEE on thc
License for Communications Facilities - Page 4 906a
APR 50 '97 14:37 FR NI~i~LS JCKSON DLLRD 214 965 0010 T0~i~.30436
above described property, except where ~ in whole or in part by the ne(
misconduct of the CITY, its agents, servants or employees.
Insur~ce
17. LICENSEE shall obtain and maintain in full force and effect for
Agreement, and any extension or renewal thereof, at LICENSEE's sole expense:
and worlaxmn's compensation insurance, and a certificate of insurance shall b~
approved by the CITY prior to the commencement of any performance under
required insurance must provide a minimum of $1,000,000 single occurrence c
injury (including death), and a minimum of $1,000,000 single occurrence co~
damage. The CITY shall bc named as an additional insured under said policy of
, ·
~ Ob,ca~ ~ Condition or Site
rcgulatio~ and rules, and in a manner which will not interfere wi~ ~ LICENSEE'
the sitc._~Upon expiration, cancellation, or termination of this Ag~,~ement, thee LI'
~ to remove its equipment, antenna systems, fixtures, andlKuuctures tror~
LIC~E-~SEE's cos~q~_a~ expense. Title to all such equipment, ~ixtures and
belong~ However, upon vacation of this si~LICENSEE
~'~'~"R.~E$_in s_ub _st~n__!ially the same condition as received?except for ordinar
D determined by the C TY. Ir, as d ermined by th* CITY,
. satisfactory condition, the LICENSEE shall be liable to the CITY for an amot
actual cost to restore the PREMISES to substantially the same condition as r¢cei
Notice
19. All notices to the parties shall be in writing and shall be s
registered mail, or hand delivered, to the address of the party as it appears in thif
Marking and Lighting Requirements
20. The LICENSEE acknowledges that it shall be responsible for~
tower or building marker and lighting requirements which may be required by 1
Administration or the Federal Communication Commi~ion in conjunction
installation of improvements under this Agreement, as well any expenses, fee
with compliance or non-compliance. Should the CITY be cited by either the F~
the location is not in compliance, due to LICENSEE's installation of impr¢
Agreement, and if the LICENSEE does not cure the conditions of noncompli~
frame allowed by the citing agency, the CITY may temxinate this Agreement
P.07/10
:ligence or willful
he duration of this
liability insurance
: submitted to and
s Agreement. The
overage for bodily
erase for property
applicable statutes,
s reasonable us~ of
~NSEE will ~
, the PREMISES at
ructures remaining
· ~mll surrender the
~ wear and tear, as
not surrendered in
aat representing the
em by certified or
Agreement.
:ompliance with all
be Federal Aviation
with LICENSEE's
;or fines associated
2C or FAA because
vements under this
APR 30 '97 14:38 FR NIC~LS JCKSON DLLRD 214 965 0010 TO ~30436~
Site Plan
21. The Site Plan (attached as "Appendix A") must be appwvcd b)
the execution of this Agreement, with approval or disapproval not to be urn'eR
withheld. The Site Plan shall describe and illustrate the location of the e
antennas, cables, wiring and other structures to be installed, maintained and i
Agreement. The Site Plan shall include a scale drawing and inventory analy'
installations, as well as an elevat/on of the PI~MISES with the pro!
Performance under this Agreement shall be in strict compliance with the
LICENSEE's installation, maintenance, or operation of equipment, fixtures
wiring and other structures fails to comply with the approved Site Plal
determined by the CITY, then the CITY shall have the right to termina
upon thirty (30) days notice to LICENSEE.
Entire Agreement
22. This Agreement, together with Appendix "A" attached, is th
between thc parties with respect to the subject matter covered in this Agrccmcn
collateral oral or written agreement between the parties that in any matter re
matter of this Agreement.
Representation
:23. Both the LICENSEE and the CITY represent that they haw
authority to grant all rights and assume all obligations they have granted and
Agreement.
Governing Law
24. The validity of this Agreement and any of its terms or provis
rights and duties of the parties, shall be governed by thc laws of the State of Ti
for any action concerning this Agreement shall be in Dallas County, Tex~s.
Amendment
25. This Agreement may be amended by the mutual agreement of
writing and attached to and incorporated in this Agreement.
Legal Construction
26. In the event chat any one or more of the provisions contained in'
for any reason be held to be invalid, illegal, or unenforceable in any resl~
P.08/10
'thc CITY prior to
sormbly delayed or
]uipmcnt, fixtures,
>perated under this
ds of the proposed
oscd installations.
Site Plan. If the
, antennas, cables,
~, at any time, as
te this Agreement
~ entire agrccrncnt
:. There is no other
taxes to the subjcct
full capacity and
~surncd under this
,ons, as well as thc
~xas, and any venue
Agreement shall
such invalidity,
License for Communications Facilities - PaRe 6 906~
APR 30 '97 14:38 PR NICHOLS JCKSON DLLRD 214 965 ~10 TO ~_38436~
illegality, or uncnforceability shall not affect the other provisions, and the ,4
construed as if such invalid, illegal, or unenforceable provision had never been cz
EXECUTED on thc day of
County, Texas.
LICENSEE: NEXTEL
CITY:
APPROVED AS TO FORM:
City Attorney
By:
Title:
Address:
CITY OF COPPELL, TEXAS
P.09;10
greement shall be
)ntained in it
By:
City Manager
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
ATTEST:
City Secretary
1997, in
License [or Communicitions Facilities - Pip 'l gO(d
.5-
APR 30 '97 14:39 FR NICHOLS JCKSON DLLRD 214 965 810 TO 9723043E
APPENDIX "A"
SITE PLAN
P.10/10
TOTAL