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License Agreement Coppell_North 167539B Location Code: 5300095225 STATE OF TEXAS COUNTY OF DALLAS KNOWN ALL MEN BY THESE PRESENTS: LICENSE FOR COMMUNICATIONS FACILITIES This non-exclusive License for Communications Facilities ("Agreement") is made by and between the City of Coppell (hereinafter referred to as the "CITY") and Dallas MTA, L.P. dPo/a Verizon Wireless (hereinafter referred to as "LICENSEE"), for the use of certain site and/or facilities according to the following terms and conditions. V~ITNESSETH WHEREAS, the CITY desires to provide LICENSEE with facilities for housing and operating certain communications equipment, including the installation of antennas of antenna systems and the space required to mn cable between the equipment and the antenna or antenna systems and an equipment cabinet; WHEREAS, LICENSEE will replace the existing seventy (70) foot light standard with an eighty (80) foot light standard (the "Tower") on the Premises (as described below); place the CITY'S lights back at their seventy (70) foot level; and locate certain telecommunications equipment at eighty (80) feet on the Tower; and LICENSEE will use a certain portion of the site for an equipment shelter; and WHEREAS, the CITY owns the site and facilities described below and desires to allow the LICENSEE to enter and utilize these facilities and premises. NOW, THEREFORE, for the consideration and on the terms and conditions hereinafter set forth, the parties agree as follows: Location 1. The CITY hereby grants to LICENSEE the right to use certain equipment and that certain parcel of property being described as a 172 square foot parcel (the "SITE") for the construction, maintenance and operation of communications facilities and uses incidental thereto. The site to be provided by the CITY is depicted on Appendix "A", which is attached and incorporated herein by reference as if set forth in full, more specifically described as the "site" or the "leased site." Equipment 2. The CITY agrees to allow installment and maintenance of LICENSEE'S equipment and/or improvements as described on Appendix "B" and illustrated in Appendix "A", which is attached hereto and incorporated herein by reference as if set forth in full (also referred to as the "Site Plan"), in accordance with the terms of this Agreement. LICENSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided LICENSE AGREEMENT - PAGE 1 60861 Coppell_North 167539B Location Code: 5300095225 said replacement does not increase tower loading of the Tower or otherwise interfere with the City use of the tower or attachments thereto. Term 3. This Agreement shall be for an initial term of five (5) years, commencing on the first (1st) day of the month of execution, and said Agreement may be terminated during this period or any extension period, pursuant to paragraphs 5, 7 and 12. This Agreement will automatically terminate if LICENSEE (i) is unable to obtain all necessary Governmental Approvals for LICENSEE'S intended use of and improvements to the SITE, or (ii) any Governmental Approval, for any reason, is canceled, expires, lapses, or is otherwise withdrawn or terminated by a governmental authority. For the purposes of this Agreement, "Governmental Approvals" are defined as any and all of the certificates, permits or other approvals that may be required by any federal, state or local authorities as well as satisfactory soil boring tests which will permit LICENSEE use of the Site as set forth in this Agreement. 4. Unless sooner terminated, LICENSEE is granted the option to renew this license for four (4) additional five (5) year periods, after the initial term expires. LICENSEE must give written notice of a decision to exercise this option to CITY no less than ninety (90) days prior to the expiration of the then current term or period. All the terms and covenants of this Agreement apply to all extension periods, subject to Section 9, and subject to amendment by the mutual agreement of the parties, in writing and signed by both parties, as provided by this Agreement. At the expiration of all of the extension periods provided herein, unless renewed or superseded, this Agreement shall continue from month to month under the terms and conditions set forth herein, and it may be terminated by either party upon at least thirty (30) days notice to the other party. Licensee Default 5. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by LICENSEE. (a) The failure by LICENSEE to make any payment of rent or any other payment required to be made by LICENSEE hereunder, as and when due, where such failure shall continue for a period of twenty (20) days after written notice thereof is received by LICENSEE from CITY. Time shall be of the essence with regard to LICENSEE'S obligation to timely remit all rentals required herein. (b) The failure by LICENSEE to observe or perform any of the covenants or provisions of this Agreement to be observed or performed by LICENSEE, other than as specified in Paragraph 5(a), where such failure shall continue for a period of thirty (30) days after written notice thereof is received by LICENSEE from CITY; provided, however, that it shall not be deemed an Event of Default by LICENSEE if LICENSEE shall commence to cure such failure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (c) Filing of bankruptcy or declaration of insolvency shall constitute an act of default. LICENSE AGREEMENT - PAGE 2 60861 Coppell_North 167539B Location Code: 5300095225 (d) If there occurs an Event of Default by LICENSEE, in addition to any other remedies available to CITY at law or in equity, CITY shall have the option to terminate this Agreement and all rights of LICENSEE hereunder. Nuisance and Overriding Public Need 6. The CITY may terminate this License in the event the use of the Site shall have been found to be a public or private nuisance, under the law of the State of Texas. However, the CITY acknowledges that, so long as LICENSEE uses the Site as permitted under this Agreement, such use shall not be considered a nuisance by the CITY. In the event of termination by CITY, the CITY shall give LICENSEE notice in writing at least one (1) year prior to the termination date. Notwithstanding the foregoing in the event of an overriding public need, as determined by the CITY in its sole discretion, then the CITY may terminate this Agreement upon written notice, delivered not less than ninety (90) days prior to termination. In the event that the facilities and tower upon which LICENSEES equipment antenna systems and structures will be placed are permanently destroyed, removed or taken down, this Agreement shall terminate automatically without prior notice, in the absence of any overriding public need. Title and Quiet Possession 7. CITY represents and agrees (a) that it is the owner of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that LICENSEE is not in default beyond the expiration of any cure period; (e) that CITY shall not have unsupervised access to the Site or to the LICENSEE'S equipment, subject to CITY'S right of eminent domain; (f) LICENSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the SITE; and (g) CITY is seized of good and sufficient title and interest to the SITE and has full authority to enter into and execute this Agreement. Use and Sublet of Site 8. The use of the provided SITE by the LICENSEE in conjunction with the terms of this Agreement, is for the sole purpose of installation, operation and maintenance, removal, replacing, modifying of communications equipment, being personal communication service system facility, in strict compliance with this Agreement and the attached Appendices "A" through "B". LICENSEE shall have the right to replace, repair, add or otherwise modify its equipment or any portion thereof, whether the equipment is specified or not on any exhibit attached hereto, during the term of this Agreement with the written consent of the CITY. This Agreement may be sold, assigned or transferred by the LICENSEE without any approval or consent of the CITY to the LICENSEE's principal, affiliates, subsidiaries, of its principal; to any entity which acquires all or substantially all of LICENSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the LICENSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the CITY, LICENSE AGREEMENT - PAGE 3 60861 Coppell_North 167539B Location Code: 5300095225 which such consent will not be unreasonably withheld or delayed. LICENSEE may sublet all or a part of the.Site within its sole discretion, together with grant of use of the right(s) of way granted herein, upon notice to CITY. Any sublease that is entered into by LICENSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto. Consideration 9. In consideration for providing the SITE for use by the LICENSEE, the LICENSEE shall pay to the CITY a rental fee of $2,000.00 per month, partial months to be prorated, and payable on the first day of each month thereafter throughout the term of this Agreement. Rent shall be increased at the rate of 3% annually over the term of the Agreement and upon renewal for subsequent terms, rent shall be increased at a rate of 3% annually. Access 10. The LICENSEE shall have non-exclusive fight to access the aforementioned SITE seven (7) days a week and twenty-four (24) hours a day, on foot or motor vehicle, including tracks. If LICENSEE requires access to the SITE after the normal business hours of the CITY of 8:00 a.m. to 5:00 p.m. ("Business Hours"), LICENSEE shall place a telephone call to the Director of Parks and Recreation at the number provided and leave a message regarding its access to the SITE prior to such access. If the CITY is contacted by LICENSEE after the normal business hours of the CITY, for the purpose of accessing the aforementioned location, the LICENSEE agrees to reimburse the CITY for the actual cost of any CITY staff involvement necessary for this access. Interference 11. (A) LICENSEE shall not cause electrical interference to the equipment of the CITY on the Site or to the equipment of any other licensee who is using the Site at the time of LICENSEE's installation or operation of its equipment. Should such interference occur, LICENSEE will take all reasonable steps necessary to correct such interference within twenty- four (24) hours. To the extent LICENSEE is unable to cure the interference within this timeframe, LICENSEE shall voluntarily power down the equipment causing the interference except for intermittent testing until such time as the interference is remedied. If, after thirty (30) days, LICENSEE is unable to cure the interference despite its efforts, it will remove the equipment which caused the interference, or at its option, terminate the Agreement. The CITY will not grant a license to any other party for the use of the CITY'S property without including in that license a provision stating that the party's use will not in any way adversely affect or interfere with the LICENSEE'S signal operation of its communication system. Furthermore, the LICENSEE shall have the right to terminate this Agreement upon thirty (30) days notice to the CITY if another user of the facilities causes significant interference with LICENSEE'S operations, and such interference is not corrected within thirty (30) days following the notice. (B) LICENSEE, during the term of this Agreement, shall not interfere with the uses and operation of Andrew Brown Park, its game fields, parking lots or concession facilities. LICENSE AGREEMENT - PAGE 4 60861 Copp¢ll_North 167539B Location Code: 5300095225 Under no circumstances shall LICENSEE conduct installation, removal or maintenance activities during sporting events scheduled for Andrew Brown Park. 12. LICENSEE shall have the sole burden of, and be responsible for all costs associated with, alleging and proving that another user of the SITE is causing significant interference, or for otherwise enforcing LICENSEE'S fights under this Agreement. The CITY shall not be responsible for the costs associated with the resolution of any dispute between users of the SITE, or enforcement of LICENSEE'S rights. Utility Easements and Utility Cost 13. The LICENSEE will be responsible for any and all costs associated with electrical hookup, maintenance and service, which is due to the LICENSEE'S operations at the SITE. The CITY shall provide and grant to LICENSEE any easements necessary for the provision of electric and telephone hookup and service to the SITE and LICENSEE'S equipment. Taxes 14. LICENSEE agrees to reimburse the CITY for all such taxes which are assessed against the CITY due to the personal property improvements constructed or maintained by LICENSEE on or about the SITE; provided however, the CITY shall use its best efforts to provide prior notification of any taxes for which LICENSEE is to be charged, so the LICENSEE will have the opportunity to appear before the taxing authority and contest any assessment. Liability, Release and Indemnification 15. LICENSEE shall at all times comply with all laws and ordinances and all roles and regulations of municipal, state and federal government authorities relating to the installation, maintenance, height, location, use, operation, and removal of the equipment, antenna systems, and other alterations or improvements authorized herein, and SHALL FULLY INDEMNIFY THE CITY AGAINST ANY LOSS, DAMAGE, COST, OR EXPENSE WHICH MAY BE SUSTAINED OR INCURRED BY THE CITY AS A RESULT OF THE iNSTALLATION, MAINTENANCE, OPERATION, OR REMOVAL OF SAID IMPROVEMENTS, EXCEPT WHERE CAUSED IN WHOLE OR IN PART BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY, ITS AGENTS, SERVANTS OR EMPLOYEES. 16. LICENSEE AGREES AND IS BOUND TO INDEMNIFY, DEFEND, AND HOLD THE CITY WHOLE AND HARMLESS AGAINST ANY AND ALL CLAIMS FOR ANY LOSS OR DAMAGES THAT MAY ARISE OUT OF THE USE, MAINTENANCE, AND OCCUPANCY OF LICENSEE'S INSTALLATIONS AND IMPROVEMENTS BY LICENSEE ON THE ABOVE DESCRIBED PROPERTY, EXCEPT WHERE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY, ITS AGENTS, SERVANTS OR EMPLOYEES. 17. LICENSEE AGREES THAT LICENSEE SHALL INDEMNIFY, DEFEND, RELEASE, ACQUIT, AND HOLD FREE AND HARMLESS THE CITY, ITS AGENTS, LICENSE AGREEMENT- PAGE 5 60861 Coppell_North 167539B Location Code: 5300095225 REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, AND DAMAGE, WHETHER ASSERTED BY LICENSEE, ITS AGENTS, REPRESENTATIVES OR EMPLOYEES, OR ANY THIRD PARTY WHICH IN ANY WAY RELATE TO OR ARISE FROM LICENSEE'S EQUIPMENT OR THE INSTALLATION OR MAINTENANCE THEREOF, OR FROM LICENSEE'S ENTRY ONTO AND UTILIZATION OF THE CITY'S SITE AND FACILITIES, INCLUDING BUT NOT LIMITED TO CLAIMS OR CAUSES OF ACTION ALLEGING THAT LOSS, INJURY OR DAMAGE, WERE CAUSED IN WHOLE OR IN PART BY THE CITY'S NEGLIGENCE. IN ADDITION, LICENSEE SHALL BE LIABLE FOR ANY AND ALL DAMAGE TO THE SITE CAUSED BY LICENSEE OR ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, INCLUDING BUT NOT LIMITED TO CLAIMS OR CAUSES OF ACTION ALLEGING THAT LOSS, INJURY OR DAMAGE WERE CAUSED IN WHOLE OR IN PART BY THE LICENSEE'S NEGLIGENCE. Insurance 18. LICENSEE and the CITY shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension or renewal thereof, at their own cost and expense, liability insurance and workman's compensation insurance. The required insurance must provide a minimum of $1,000,000 single occurrence coverage for bodily injury (including death), and a minimum of $1,000,000 single occurrence coverage for property damage. A certificate of insurance shall be submitted to and approved by the CITY prior to the commencement of any performance under this Agreement. The CITY shall be named as an additional insured under the liability policy of insurance. Condition of SITE 19. (A) LICENSEE accepts the SITE as is, in its current condition, and the CITY makes no representations or warranties, and hereby disclaims any and all such representations or warranties, express or implied, of any kind or nature, with regard to the facilities and the SITE. The CITY shall maintain the SITE in compliance with ail applicable statutes, regulations and rules, and in a manner which will not interfere with LICENSEE'S reasonable use of the SITE. Upon expiration, cancellation, or termination of this Agreement, the LICENSEE shall remove its equipment, antenna systems and structures from the SITE at LICENSEE'S sole cost and expense. However, upon vacation of the SITE, LICENSEE shall surrender the SITE in substantially the same condition as received, except for ordinary wear and tear, as reasonably determined by the CITY. If, as determined by the CITY, the SITE is not surrendered in satisfactory condition, the LICENSEE shall be liable to the CITY for an amount representing the actual cost to restore the SITE to substantially the same condition as received. In the event of LICENSEE'S failure to remove its equipment, antenna systems, and structures within ninety (90) days, the CITY may do so at its expense and retain and sell any such equipment, antenna systems, and structures as compensation for any past due obligations; provided, however, that the CITY shall have given LICENSEE written notice ten (10) days prior to the exercise of any self- help remedy such as the removal of the equipment. LICENSE AGREEMENT - PAGE 6 60861 Coppell_North 167539B Location Code: 5300095225 (B) In addition to the conditions of the SITE, LICENSEE shall: 1. locate, at its sole expense, the antenna on existing light structures or relocate existing light structures subject to prior approval by the City Manager or his designee; 2. cause the equipment cabinet to be secured by an appropriate gate, lock and/or appropriate security device(s); 3. all construction, installation and location or relocation of any structure cabinet antenna or equipment shall be completed by December 31, 2004 except upon express written consent of the City Manager or his designee; 4. The CITY, subject to the terms and conditions herein, shall have a non-revocable, exclusive license for the use of that portion of the Tower extending from zero (0) feet to seventy (70) feet (the "Reserved Tower Space") for its own purposes. Under no circumstances shall the CITY license or sublease any portion of the Reserved Tower Space to third parties. 5. Any future maintenance or access necessitating access by the CITY to the SITE and/or Tower must be coordinated with LICENSEE within a reasonable time not less than seventy-two (72) hours prior to work being done. 6. Any maintenance of the CITY'S equipment shall be solely at the expense of the CITY. Tower Maintenance 20. It is understood that periodic maintenance and repair of the CITY'S facilities on the SITE is necessary. LICENSEE agrees to reasonably cooperate with the CITY in the event the CITY conducts any such maintenance or repair (collectively, the "Work") on the SITE. In the event LICENSEE'S equipment located on the SITE must be temporarily relocated, LICENSEE will also have the right to use a temporary transmission site or cell on wheels ("COW") on the CITY'S property at a location sufficient to meet LICENSEE'S coverage or engineering needs as reasonably agreed upon by the parties with the written consent of the CITY. Notice 21. All notices to the parties shall be in writing and shall be sent by certified or registered mail, or hand delivered, to the address of the party as it appears in this Agreement. LICENSE AGREEMENT - PAGE 7 60861 Coppell_North 167539B Location Code: 5300095225 Marking, Lighting and Radio Frequency Requirements 22. The LICENSEE acknowledges that it shall be responsible for compliance with all tower or building marker and lighting requirements which may be required by the Federal Aviation Administration or the Federal Communications Commission in conjunction with LICENSEE'S installation of improvements under this Agreement, as well any expenses, fees or fines associated with compliance or non-compliance. Should the CITY be cited by either the FCC or FAA because the location is not in compliance, due to LICENSEE'S installation of improvements under this Agreement, and if the LICENSEE does not cure the conditions of noncompliance within the time frame allowed by the citing agency, the CITY may terminate this Agreement. 23. LICENSEE agrees to comply with the Federal Communications Commission ("FCC") radio frequency ("RF") exposure rules and requirements for RF exposure to humans. LICENSEE will not cause radio frequency and/or electrical interference to the existing equipment of CITY or to any other tenant who is using the SITE upon earlier of the Commencement Date or at the time LICENSEE installs its Communications Equipment, provided that the equipment used by CITY or other licensee is operating within the technical parameters specified by its manufacturer and/or as defined by the FCC (see Schedule attached hereto for a list of existing and/or known users on the SITE). Upon written notice from CITY to LICENSEE of such interference, LICENSEE will take all reasonable steps to correct such interference in a timely manner. If such interference cannot be reasonably corrected within five (5) business days from receipt of CITY'S notice, LICENSEE will cease using its Communication Equipment, except for testing, until such time as LICENSEE corrects the interference. 24. CITY represents that it has no knowledge of any substance, chemical or waste (collectively, "substance") on the SITE that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. LICENSEE will not introduce or use any such substance on the SITE in violation of any applicable law. Under no circumstances may LICENSEE use hazardous substances. Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9604, pollutants or contaminants as defined in CERCLA, 42 U.S.C. §9604 (A) (2), or hazardous waste as defined in the Resources Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6903, or other similar applicable Federal or State Laws or regulations, to be generated, released, stored, or deposited over, beneath, or on the SITE or Property or on any structures located on the SITE from any source whatsoever. Each party covenants to, to the extent allowed under applicable law, indemnify and hold the other party harmless from all claims, demands, damages, fines, costs, cleanup, attorney's fees, and court costs (collectively "Claims") arising from the LICENSEE'S material misrepresentations or from existing or future discharge or from the presence or release of any hazardous substances or hazardous wastes on the SITE (either intentionally or accidentally) by the LICENSEE or its predecessors in interest, agents, licensees or assigns, unless caused by the CITY or persons acting under the CITY. LICENSE AGREEMENT - PAGE 8 60861 Coppell_North 167539B Location Code: 5300095:225 SITE Plan 25. The Site Plan (attached as "Appendix A") has been approved by the CITY prior to the execution of this Agreement, with approval or disapproval not to be unreasonably delayed or withheld. The Site Plan shall describe and illustrate the location of the equipment, fixtures, antennas, cables, wiring and other structures to be installed, maintained and operated under this Agreement. The Site Plan shall include a scale drawing and inventory analysis of the proposed installation, as well as an elevation of the SITE with the proposed installations. PERFORMANCE UNDER THIS AGREEMENT SHALL BE 1N STRICT COMPLIANCE WITH THE APPROVED SITE PLAN. IF THE LICENSEE'S INSTALLATION, MAINTENANCE, OR OPERATION OF EQUIPMENT, FIXTURES, ANTENNAS, CABLES, WIRING AND OTHER STRUCTURES FAILS TO COMPLY WITH THE APPROVED SITE PLAN AND SPECIAL USE PERMIT, AT ANY TIME, AS REASONABLY DETERMINED BY THE CITY, THEN THE CITY SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT UPON THIRTY (30) DAYS NOTICE TO LICENSEE; PROVIDED HOWEVER, THAT THE CITY'S RIGHT OF TERMINATION IS SUBJECT TO LICENSEE'S RIGHTS TO CURE IN THIS AGREEMENT. Entire Agreement 26. This Agreement, together with Appendix "A" and Appendix "B" attached, is the entire agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the parties that in any matter relates to the subject matter of this Agreement. 27. Both the LICENSEE and the CITY represent that they have full capacity and authority to grant all rights and assume all obligations they have granted and assumed under this Agreement. Governing Law 28. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas, and any venue for any action concerning this Agreement shall be in Dallas County, Texas. Amendment 29. This Agreement may be amended only by the written mutual agreement of the parties hereto. Legal Construction 30. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, LICENSE AGREEMENT - PAGE 9 60861 Coppell_North 167539B Location Code: 5300095225 illegality or unenforceability shall not affect the other provisions, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Termination 31. Except as otherwise provided herein, this Agreement may be terminated upon one hundred eighty (180) days written notice by LICENSEE if the SITE or the LICENSEE'S equipment is, or becomes, unacceptable under LICENSEE'S design or engineering specifications for its equipment or the communications system to which the equipment belongs. Upon the termination of this Agreement under these conditions, LICENSEE shall pay to the CITY a buyont fee equivalent to six (6) months rent under the terms and conditions of the License at the time of the termination. EXE(~U~rED in single or multiple originals on the~_day 2004. in ~County, Texas. LICENSEE: CITY: DALLAS MTA, L.P. d/b/a VERIZON WIRELESS By Verizon Wireless Texas, LLC, its general partner By:~~ Howard H. Bower Area Vice President - Network, South Area 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate CITY OF COPPELL, TEXAS By: [ ~ Jin~tt C~5J~ Manager 265 Parkway Blvd. P.O. Box 478 Coppell, Texas 75019 ATTEST: L~by ~C~ty Secretary LICENSE AGREEMENT - PAGE 10 60861 Coppell_North 167539B Location Code: 5300095225 APPENDIX "A" SITE PLAN LICENSE AGREEMENT - PAGE 11 60861 APPENDIX "B" Coppell_North, Site ID No. 167539B; Location Code No. 5300095225 Parent/CITY Tract Description (Phase l-A): Being a tract ol' land situated in the Clarinda Squires Survey, Abstract No. 1327 alld the S.A. & M.GR.R. Survey Abstract No. 1430 in the City of Coppell, Dallas County, Texas and also being part of a tract o1' land as described in deed from Good Financial Corp. to M. Douglas Adkins, Trustee, as recorded in Volume 76186, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: Commencing at a point of intersection of the West line of Denton Tap Road (a variable width right of way) with the centerline of Denton Creek, said point also being the most southerly Southeast corner of a tract of land as described by deed to Jack Livley recorded in Volume 426, Page 510 of the Deed Records of Dallas County, Texas; Thence with the said line of Denton Tap Road S0°51'58"E, 49.64 feet to the Point of Beginning; Thence continuing along said line of Denton Tap Road, S0°51'58"E, 292.18 feet to the beginning of a curve to the right having a central angle of 2°53'00" and a radius of 5669.70 feet; Thence along said curve 285.32 feet to the end of said curve; Thence S0°37'34"W, 161.90 feet; Thence S6°19'20"W, 321.88 feet; Thence S1°00'58"E, 22.05 feet to a point for comer; Thence S67°24'35"W, leaving the said West line of Denton Tap Road, 902.06 feet to a point for comer; Thence NI°I 1'53"W, 64.43 feet to a point for comer; Thence N35°29'46"W, 198.08 feet to a point for comer; Thence N4°43'22"W, 536.17 feet to a point for comer; Thence N57°00'34"E, 1226.37 feet to the Point of Beginniug and containing 21.250 acres of land. (As described in Volnme 83005, Page 3569 of the Deed Records of Dallas County, Texas.) Licensee Lease Site Description: A tract of land lying in and being a part of an existing 21.250 acre CITY Tract, situated in the Clarinda Squires Survey, Abstract No. 1327, and the S.A. & M.G.R.R. Snrvey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas, being more particularly described by metes and bounds as follows: Commencing at the Northwest comer of the above described 21.250 acre CITY tract; Thence S04°06'53"E on the West line of said 21.250 acre CITY tract, a distance of 132.86 feet to a point; Thence N66°25'08"E, a distance of 502.76 feet to a 1/2" iron rod set for the Northwest comer of a proposed Licensee lease site, and the Point of Beginning; Thence continuing N66°25'08"E (L1), a distance of 12.00 feet to a 1/2" iron rod set for the Northeast comer; Thence S23°34'52"E (L2), a distance of 14.30 feet to a 1/2" iron rod set for the Southeast comer; Theuce S66°25'08"W (L3), a distance of 12.00 feet to a 1/2" iron rod set for the Southwest comer; Thence N23°34'52"W (L4), a distance of 14.30 feet to the Point of Beginning, containing 172.00 square feet or 0.004 acres, more or less. Licensee Coaxial Easement Description: A 5.00 foot wide easement for utility purposes crossing a part of the CITY 21.250 acre tract, situated in the Clarinda Squires Survey, Abstract No. 1237, and the S.A.& M.G.R.R. Survey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas, said easement being 2.50 feet on each side of the following described centerline: Commencing at a 1/2" iron rod set for the Southeast comer of the above described 0.004 acre proposed Licensee Lease Site; Thence N23°34'52"W on the East line of said 0.004 acre proposed Licensee Lease Site, a distance of 7.15 feet to the Point of Beginning; Thence S85°35'24"E, a distance of 66.75 feet to an ending point at an existing light pole. Sidelines for said easement are to be extended or shortened such as to begin on the East line of the above described 0.004 acre proposed Licensee Lease Site, and terminate at an existing light pole. Licensee Access Note: Licensee has common access to the proposed Licensee lease site through the CITY Tract Via Denton Tap Road (a public road) to the East. Licensee Utility Note: Licensee has common usage of the existing utilities on the subject 21.250 acre CITY Tract.