Ltr. re unsigned agreementCOPPEL£
September 18, 2003
Ms. Kim Dixon
T-Mobile
1830 Webb Chapel, Suite 5000
Dallas, TX 75234
Dear Ms. Dixon:
After speaking with Chris Staley this morning, he suggested I send this original
agreement to you.
While going through our Voice Stream Special Use Permit file, 1 found this
unexecuted document with the signed License for Communications Facilities. I
would appreciate your procuring Mr. Sanford's signature and returning this
document to me so that we can close this file.
Thank you for your help.
Sincerely,
Barbara H. Jahoda
Sr. Admin. Secretary
Planning Department
OWNER AUTHORIZATION AGREEMENT
Market:
Site Number:
Site Name:
Site Address:
Dallas
DA01296
ANDY BROWN COMM PARK
364 N. DENTON TAP RD.
COPPELL, TX 75019
RE: Property described as: CLARINDA SQUII~S ABST 1327, TRACT 1.2, 26.741 ACRES (the
"Property")
CITY OF COPPELL Is the owner of the Property (the "Owner") and has the authority to enter into a lease
agreement with Cook Inlet/VoiceStream Operating Company, LLC ("VoiceStream") concerning the
portion of the Property that VoiceStream seeks to occupy
Owner hereby grants VoiceStream and its agents a revocable right to enter the Property to perform any
reasonable tests that VoiceStream deems desirable to determine the feasibility of constructing and operating
its communications facility upon the Property, including but not limited to l) radio frequency testing;
2) soils testing; 3) on-site feasibility assessment; and 4) filing of zoning applications (the "Access Right").
Owner may revoke the Access Right at any time by delivering written notice to VoiceStream by certified
mail, return receipt requested, at the following address:
Voicestream GSM I Operating Company, LLC
11830 Webb Chapel Rd., Suite 5000
Dallas, Texas 75234
Attn: Leasing Administrator
This notice will be effective three (3) days after actual receipt by VoiceStream, provided, however, that
VoiceStream may still enter the Property to remove any equipment it has placed there.
Owner further agrees to cooperate with VoiceStream in obtaining, at VoiceStream's expense, all licenses
and permits or authorizations required for VoiceStream's use of the Property from all applicable
government and/or regulatory entities (including, without limitation, zoning and land use authorities, and
the Federal Communications Commission) including appointing VoiceStream as agent for all land use and
zoning permit applications, and Owner agrees to cooperate with and to allow VoiceStream, at no cost to
Owner, to obtain a title report, zoning approvals, variances, and land-use permits.
VoiceStream agrees to repair any damage to Property caused by VoiceStream's use of the Access Right.
VoiceStream further agrees to indemnify, defend and hold Owner harmless from and against any and all
damages, losses and expenses arising out of or resulting from any claim, action or other proceeding that is
based upon any negligent act or omission or willful misconduct of VoiceStream or its employees or agents,
arising in connection with the Access Right.
EACH PARTY ACKNOWLEDGES THAT THE OTHER HAS MADE NO REPRESENTATIONS OR
COMMITMENTS THAT A LEASE AGREEMENT CONCERNING THE PROPERTY WILL BE
ENTERED INTO IN THE FUTURE.
Voicestream GSM I Operating
Company, LLC
By:
Name:Cody Sanford
Its: Executive Director of Engineering and Operations
CITY OF COPPELL