HomeMy WebLinkAboutPR 24208: FOR A LEASING AGREEMENT AT 1440 TERMINAL ROAD .:..
City of
ort rthur
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 28, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Calvin Matthews, PE, Director of Water Utilities
RE: P.R.24208 for Leasing Agreement at 1440 Terminal Rd.
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
execute the first renewal of the five-year Communications Facilities Lease Agreement with GTE
Mobilnet of South Texas Limited Partnership d/b/a Verizon Wireless of Bedminster, New
Jersey, to install, maintain and operate the radio communications equipment, antennas, and
appurtenances. Lease will generate a revenue source of$2,530.00 per month which includes the
10% increase as stated in the lease appendix B. Equipment will be attached to the new water
tower on Terminal Road.
BackLround:
Access at the water tower at 1440 Terminal Road is needed to maintain cellular services in the
area. The minimum lease with Verizon Wireless is for five years and this is an extension (first
renewal)to the original Communications Facilities Lease Agreement.
Bucket Impact:
Revenue source of$2,530.00 per month will be realized.
Recommendation:
It is recommended that City Council approve P.R. 24208, authorizing the City Manager to
execute the first renewal of the Communications Facilities Lease Agreement to extend the
contract with GTE Mobilnet of South Texas Limited Partnership d/b/a Verizon Wireless of
Bedminster,New Jersey, to install, maintain and operate the radio communications equipment,
antennas, and appurtenances.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No.24208
Page 1 of 3
2/28/25 cv
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FIRST RENEWAL TO THE COMMUNICATIONS FACILITIES LEASE
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND GTE
MOBILNET OF SOUTHEAST TEXAS LIMITED PARTNERSHIP, DBA
VERIZON WIRELESS OF BEDMINISTER, NEW JERSEY TO INSTALL,
MAINTAIN,AND OPERATE THE RADIO COMMUNICATIONS EQUIPMENT,
ANTENNAS, AND APPURTENANCES AT THE WATER TOWER AT 1440
TERMINAL ROAD,PROVIDING AN ADDITIONAL SOURCE OF REVENUE.
WHEREAS,the Utilities Department desires to renew the Communications Facilities Lease Agreement
(Lease) (Exhibit"A"), with the GTE Mobilnet of Southeast Texas Limited Partnership, DBA Verizon Wireless
of Bedminster, New Jersey in order to install, maintain, and operate the radio communications equipment,
antennas, and appurtenances at the water tower at 1440 Terminal Road; and,
WHEREAS, City Staff is recommending that the City Council authorizes the City Manager to execute
the first renewal the Lease between GTE Mobilnet of Southeast Texas Limited Partnership, DBA Verizon
Wireless of Bedminster,New Jersey and the City of Port Arthur and exercise the right to extend the Agreement
for an additional five(5)year term, which term shall commence on May 1, 2025 and continue through April 30,
2030, which is the first renewal, in substantially the same form as Exhibit `B" attached hereto and made a part
hereof; and,
WHEREAS, GTE Mobilnet of Southeast Texas Limited Partnership, DBA Verizon Wireless of
Bedminster,New Jersey will pay the City of Port Arthur in the amount of$2,530.00 per month which includes
the 10%increase as agreed in the original Communications Facilities Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is authorized to execute the first renewal of the Communications
Facilities Lease Agreement, in substantially the same form as attached hereto as Exhibit`B"which includes the
updated Payment Terms.
P. R. No. 24208
Page 2 of 3
2/28/25 cv
Section 3. That a copy of the caption of this Resolution be spread upon the minutes of the City
Council.
READ,ADOPTED,AND APPROVED this day of , 2025,at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo
City Attorney
APPROVE! 55 ' ADMINISTRATION:
Ron ':urto ' P
City . ager
U
Calvin Matthews, PE
Director of Water Utilities
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
Lynda(L n) Boswell, MA, ICMA-CM
Finance Director
Clifton illiams, CPPB
Purchasing Manager
EXHIBIT "A"
ORIGINAL LEASE AGREEMENT
6- fE
DUPLICATE ORIGINAL
CONTRACT FOR
i
PLEASE EXECUTE
11 AND RETURN TO THE
I CITY SECRETARY' S
OFFICE
COUNCIL MEETING
DATE : � �_ os - � a , 9
BAKERDONELSON
1501 MAIN STREET • SUITE 310 • COLUMBIA, SOUTH CAROLINA 29201 • 803.251.8800
bakerdonelson.com
SUMMER MORTON HALL,WIRELESS PROJECT SPECIALIST
Direct Dial:803 251.8819
E-Mail Address:smhall@bakerdonelson.com
November 21,2019
VIA USPS CERTIFIED MAIL
City of Port Arthur
Attn: City Attorney
P.O. Box 1089
Port Arthur,TX 77640-1089
Re: COMMUNICATIONS FACILITIES LEASE AGREEMENT BETWEEN CITY OF PORT
ARTHUR AND GTE MOBILNET OF SOUTH TEXAS LIMITED PARTNERSHIP DB/A
VERIZON WIRELESS
W. LEVEE/3000009.000776
Dear Sir or Madam:
I hope this letter finds you well. Enclosed please find one (I) original fully executed
Communications Facilities Lease Agreement and one (I) original fully executed Memorandum of
Communications Facilities Lease Agreement for the above-referenced site. Please keep these
documents, along with this cover letter, for your records. Should you have questions regarding rent
commencement or rent payment issues you may contact Verizon Wireless' Landlord Hotline at 1-866-
862-4404. Additionally,you may visit www.vzw.com/realestate to register, monitor and make changes to
your account online. In all correspondence, please reference the following information:
[Site Name: W. Levee]/ [Location Code: 446877]/[Site Address: 1 140 A Terminal Road, Port
Arthur,Texas 77640]
Best regards,
BAKER, DONELSON, BEARMAN,
CALDWELL& BERKOWITZ, PC
Summer Morton Hall, Wireless Project Specialist
Enclosures
ALABAMA• FLORIDA• GEORGIA• LOUISIANA• MARYLAND • MISSISSIPPI • SOUTH CAROLINA• TENNESSEE •
TEXAS • VIRGINIA• WASHINGTON, D.0
Lessee Site Name/Number: W.Levee/446877
THE STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
COMMUNICATIONS FACILITIES LEASE
AGREEMENT
This Communications Facilities Lease Agreement ("Agreement") is made by and between
the City of Port Arthur, Texas (hereinafter referred to as the "CITY" or "LESSOR") and GTE
Mobilnet of South Texas Limited Partnership d/b/a Verizon Wireless, with its principal offices at
One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number
866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively
referred to hereinafter as the"Parties"or individually as the "Party".
WITNESSETH:
WHEREAS, CITY desires to provide LESSEE with ground and tower space on CITY's
water tower ("TOWER") for housing and operating certain communications equipment, including
the installation of antennas or antenna systems and the space required to run cable between the
equipment and the antenna or antenna systems; and
WHEREAS, CITY owns the premises and facilities described below and desires to allow
LESSEE to enter and utilize designated areas of the 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 ground and tower space (the " PREMISES") leased by CITY to LESSEE hereunder are
described in the SITE PLAN, a copy of which is attached hereto and incorporated herein as
Appendix "A". LESSEE shall be permitted to install, maintain, operate, repair and remove
LESSEE's "Equipment Compound" and the Antenna Facilities, as defined herein and associated
cabling, wires,poles, conduits, and pipes over and through the CITY's property between the Antenna
Facilities and the Equipment Compound and to designated sources of electrical and telephone/fiber
utilities on the property. As used herein, the term "Equipment Compound" located upon the
"Premises" means all ground equipment, shelters and similar structures identified as such on
Appendix "A" , LESSEE's SITE PLAN. The lease authorized under the terms of this Agreement
shall be a lease for the use of that portion of the PREMISES designated for use by LESSEE on the
SITE PLAN._
Equipment
2. CITY agrees to allow installment of LESSEE's equipment and/or improvements as
described and illustrated in appendix "A" (also referred to as the "SITE PLAN"), which is attached
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Lessee Site Name/Number: W.Levee/446877
hereto, and incorporated herein, in accordance with the terms of this Agreement. LESSEE's use
shall be for the purpose of the installation, operation, and maintenance of its Antenna Facilities
and Equipment Compound, as defined in the SITE PLAN, for the transmission, reception, and
operation of a communications system and uses incidental thereto.
Term
3.1 This Agreement shall be for an initial term of five (5) years, commencing based upon the
date that LESSEE commences installation of its equipment onto the PREMISES ("Effective
Date"). In the event the date LESSEE commences installation of the equipment on the Premises
falls between the 1st and 15tti of the month, the Agreement shall commence on the 1st of that month
and if the date installation commences falls between the 16th and 31 st of the month, then the
Agreement shall commence on the 1st day of the following month (either the "Effective Date").
LESSOR and LESSEE agree that they shall acknowledge in writing the Effective Date. This
Agreement will renew for the number of renewal terms, and in accordance with the terms of,
Paragraph 4 herein. LESSEE shall have the right to terminate this Agreement, without further
liability hereunder, by giving thirty (30) days written notice to CITY of such termination if
LESSEE is unable to obtain or retain all licenses and permits or authorizations required by
LESSEE for use of the PREMISES from all applicable government and/or regulatory entities (the
"Governmental Approvals" ) for LESSEE's intended use of and improvements to the PREMISES,
or if LESSEE, for any other reason, in its sole discretion, determines it will be unable to use the
PREMISES.
3.2 Notwithstanding any language to the contrary contained herein, LESSEE shall have the right
to terminate this Agreement, at any time without further liability hereunder, with one year's prior
written notice to the CITY.
Renewal Terms
4. This Agreement may be extended by LESSEE for up to five (5) additional five (5) year
renewal terms provided that LESSEE notifies LESSOR in writing of LESSEE's desire to renew
the Agreement for an additional five (5) year term at least sixty (60) days prior to the expiration
of the then-current five (5) year term. All the terms and covenants of this Agreement apply to all
extension periods subject to amendment by the mutual agreement of the parties, in writing signed
both parties. 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 written notice to the other party.
Termination
5. 1 Termination for Cause. Upon the occurrence of any one or more of the events listed below
(hereinafter an "Event of Default), or as provided elsewhere in this Agreement., the non-defaulting
Party may. without penalty, at its option and without prejudice to any other remedy to which it
may be entitled at law or equity, or otherwise under this Agreement, terminate this Agreement (and
the use or occupancy under this Agreement)in the event the Event of Default is not cured within the
cure periods specified in Paragraph 5.3 below.
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Lessee Site Name/Number: W.Levee/446877
5.2 Event of Default. The non-defaulting Party shall have the right to terminate this
Agreement in accordance with Paragraph 5.1 above (in addition to pursuing any and all other
remedies available under applicable law) upon the occurrence of any one or more of the
following "Events of Default":
a. In the event the defaulting Party violates any provision of this Agreement;or
b. In the event that LESSEE fails to maintain the PREMISES in a neat and orderly
condition in accordance with the terms of this Agreement.
c. In the event LESSEE (a)terminates or suspends its business, (b) becomes subject
to any bankruptcy or insolvency proceeding under Federal or state statute and fails
to pay amounts due under this Agreement when due, (c) becomes insolvent or
subject to direct control by a trustee, receiver or similar authority and fails to pay
amounts due under this Agreement when due, or (d) has wound up or liquidated,
voluntarily or otherwise.
5.3 Notice and Opportunity to Cure. Upon the occurrence of an Event of Default, a party shall
deliver to the defaulting party a Notice of Default that identifies in detail the Event of Default. If
the Event of Default remains uncured for thirty (30) days following the defaulting parry's receipt of
such notice, the non-defaulting party may terminate this Agreement and the rights granted herein by
delivering to the defaulting party a Notice of Termination that identifies the effective date of the
termination, which date shall not be less than sixty (60) days after the date of delivery of the Notice
of Default.
5.4 Primary Function of PREMISES. The parties understand and agree that the primary
function of the PREMISES is to serve as a water tower for the City of Port Arthur and that the
interests of LESSEE are superseded by the public health, safety and welfare of the citizens of Port
Arthur served by the water tower. In the event that the Port Arthur City Council or the Port Arthur
City Manager declares a public emergency or if there exists a threat to the water tower facilities or
potable water supply that would detrimentally impact public health, safety and welfare such that
immediate action is necessary, LESSEE shall , within 48 hours of notice from the City,
temporarily remove its improvements from the PREMISES to the extent reasonably required to
address the public emergency or threat. In the event IMMEDIATE removal is required, the City
will contact LESSEE at its Network Operations Center (at (800) 621-2622) and arrange for
LESSEE to promptly remove LESSEE's improvements to the extent reasonably required to
address the public emergency or threat. Costs of removal and reattachment of improvements
associated with a public emergency or threat shall be borne by LESSEE.
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Lessee Site Name/Number: W.Levee/446877
5.5 Temporary Removal of Improvements. If LESSEE's improvements must be temporarily
removed, whether such removal is done pursuant to Section 5.4 above or Section 6 of this
Agreement, LESSEE shall have the right to set up a portable mounted antenna, a cell on wheels
(COW), and/or some other similar temporary structure approved by CITY, on CITY premises to
allow LESSEE to continue to provide commercial mobile radio service and other communications
services expressly permitted by this Agreement. The right to use a COW or other temporary
structure shall include the right to to install and maintain conduits, pipes, cables and wires as
necessary to supply utility service and power to the COW or as otherwise needed to service the
COW as reasonably determined by LESSEE. LESSEE may maintain its COW for the duration of
the period during which LESSEE is unable to use its leased tower and/or ground space.
CITY'S Right of Entry onto Tower
6. CITY and CITY's contractors may enter upon the Tower for the purposes of performing
repairs and maintenance work to the Tower. If maintenance work is required, CITY agrees to
provide LESSEE with reasonable notice being no less than forty-five (45) days, prior to
commencing such work to allow LESSEE to remove (or take other protective measures related to)
any and all tower improvements made by LESSEE. Decisions as to the extent to which LESSEE
will be required to remove such improvements shall be within the reasonable discretion of CITY.
If,however, in the reasonable discretion of CITY, repair or maintenance requires immediate action
on the part of CITY, CITY will take the steps identified in Paragraph 5.4 above. LESSEE, at its
expense and exclusive use, may use any and all reasonable and appropriate means of restricting
access to the LESSEE's equipment shelter/ground equipment, as identified in the SITE PLAN.
Notwithstanding any provision of this Agreement to the contrary, LESSEE shall not be responsible
for the costs associated with more than one (1) temporary relocation pursuant to this Paragraph 6
every ten(10) years during the Term. To the extent additional temporary relocations are reasonably
required during the Term, LESSOR shall be responsible for the all reasonable costs associated with
such subsequent temporary relocations and reinstallations of LESSEE's equipment.
Use of Premises
7.1 The use of the PREMISES by LESSEE in conjunction with the terms of this Agreement is
to be for the installation, operation and maintenance of communications equipment in strict
compliance with this Agreement and the attached SITE PLAN (Appendix "A"). The LESSEE
may not sublet to or license others to use the PREMISES or LESSEE's facilities, except in
accordance with Paragraphs 29.1 and 29.2 of this Agreement. Any such attempt by LESSEE
shall be without effect and may at CITY's option result in the termination of this Agreement.
7.2 LESSEE may update, maintain, repair, or replace its equipment located upon the
PREMISES from time to time, provided that LESSEE's equipment on the Tower is not greater in
number or size than LESSEE's permitted tower equipment. Furthermore, prior written approval
must be obtained from CITY before any change in the location of LESSEE's leased ground or
tower space on the PREMISES or an installation of tower equipment not permitted by the previous
sentence.. LESSEE shall submit to CITY, a detailed proposal for any such changes for which
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Lessee Site Name/Number: W.Levee/446877
CITY's consent is required and any supplemental materials as may be reasonably requested, for
CITY's evaluation and written approval. CITY agrees that such approval will not be unreasonably
withheld, conditioned or delayed. A current and accurate SITE PLAN must be submitted to CITY
by LESSEE and maintained on file with CITY for the entire term of this Agreement and all
renewals thereof.
Payment Terms and Conditions
8. In consideration for providing the PREMISES for use by LESSEE, the LESSEE shall pay
rental fees to CITY in equal monthly installments beginning on the Effective Date. LESSOR and
LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE
until sixty (60) days after a written acknowledgement confirming the Effective Date. Thereafter,
payments will be due on the first date of each month in advance throughout the initial term and all
renewals, prorated for any partial year. Payment Terms and Conditions are more specifically
described on Appendix `B", a copy of which is attached hereto and incorporated herein for all
purposes. If this Agreement is terminated at a time other than the last day of the calendar year of
the term for any reason other than a default by the LESSEE, all rental fees shall be prorated as of
the date of the termination and all prepaid rental fees shall be refunded to LESSEE.
Access
9. LESSEE shall have the non-exclusive right of ingress and egress to and from the
aforementioned PREMISES at any time, by contacting and providing notice to CITY at the following
address Port Arthur City Manager, 444 4th Street, Port Arthur, TX 77640 and phone number(409)983-
8102. CITY shall have the option to have City personnel accompany LESSEE when accessing the
PREMISES. If CITY is contacted by LESSEE after the normal business hours of CITY, for the
purpose of accessing the aforementioned location, LESSEE agrees to reimburse CITY for the
reasonable actual cost of any City staff involvement necessary for this access. Notwithstanding
the foregoing, LESSEE shall have exclusive right to access its Equipment compound within the
leased ground space located upon the Premises at any time without notifying the CITY.
Damages to Property
10. LESSEE shall immediately notify CITY of any and all damages resulting from, arising out
of, or caused to the PREMISES and CITY property surrounding the PREMISES, including but not
limited to structural damages, electrical damages, damages to fencing, irrigation systems or
landscaping by LESSEE's operations, by LESSEE, its officers, agents, employees and invitees.
To the extent caused by LESSEE or LESSEE's officers, agents, employees or invitees, LESSEE
shall be responsible for the costs and the repair of all such damages and such repairs and/or
replacements shall be completed in a timely manner acceptable to CITY.
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Lessee Site Name/Number: W.Levee/446877
Electrical,Radio and Intermodulation Interference
11.1 LESSEE shall not cause electrical, radio or intermodulation interference to the equipment
ofthe CITY or to any other licensee installed at the PREMISES prior to the time of LESSEE's
installation of its equipment. Should such interference occur, LESSEE will promptly take all
steps necessary to correct such interference within ten (10)days notice of the problem and, if
such interference cannot be eliminated within thirty (30) days of such notice, LESSEE shall
shut down the LESSEE equipment causing interference (except for intermittent testing) at the
site while the interference problems are studied and a means to eliminate the problem is
found. If the interference complained of cannot be eliminated, LESSEE will remove the
interfering equipment or, at LESSEE's option,terminate this Agreement.
11.2 CITY will not grant a license to any other party for the use of CITY's property without
including in that license a provision stating that the parry's use will not in any way adversely affect
or interfere with LESSEE's signal operation or its communication system. Furthermore, license
agreements with third parties will state that prior to installation of improvements, such third parties
shall be required to conduct interference testing of its equipment and the equipment of LESSEE to
check potential interference between third party equipment and LESSEE'S EQUIPMENT.
LESSEE shall have the right to terminate this Agreement upon ten (10) days written notice to
CITY if another user of the facilities causes material interference with LESSEE's operations, and
such interference is not corrected within thirty (30) days following the notice to such interference
is not corrected with thirty (30) days following the notice to such third party user causing the
interference.
11.3 The Parties acknowledge that there will not be an adequate remedy at law for noncompliance
with the provisions of this Article 11 and therefore, either Party shall have the right to equitable
remedies, such as,without limitation, injunctive relief and specific performance.
11.4 LESSEE shall have the sole burden of, and be responsible for all costs associated with,
alleging and proving that another user of the PREMISES is causing significant interference, as
well as for otherwise enforcing LESSEE's rights under this Agreement. CITY shall not be
responsible for the costs associated with the resolution of any dispute between users of the
PREMISES, or enforcement of any of LESSEE's rights under this Agreement. Notwithstanding
the foregoing, CITY agrees to enforce the terms of its agreements with other third parties using the
subject property, including other third party communications tenants, and CITY shall be
responsible for the costs of enforcing the terms of such agreements.
11.5 Upon report to LESSEE, and all other third parties with communications equipment on
that CITY-owned property, of interference with any CITY-owned/operated radio emergency
system, LESSEE shall within twenty-four (24) hours after such notification, perform an
assessment of the source of the interference. In the event such interference results from LESSEE's
operations, LESSEE agrees, within forty-eight (48) hours of first notification, to propose a plan
of action to eliminate the interference. CITY and LESSEE agree to provide a technician or other
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Lessee Site Name/Number: W.Levee/446877
qualified representative to assist in testing, formulating and coordination of a plan for resolution.
If such interference results from LESSEE's operations, LESSEE must correct the interference
within seventy-two (72) hours of CITY's original notification to LESSEE or shall discontinue all
use of interfering equipment until such interference is resolved . Except for intermittent testing,
LESSEE's equipment that is causing such interference cannot be reactivated until LESSEE can
demonstrate that the cause of the interference has been eliminated.
Each party agrees to provide the other with a telephone number through which that party can
contact a representative of the other on a 24-hour per day, 7 days a week basis for the purpose of
effectuating the requirements of this paragraph. Initially, the following contact information shall
be applicable: LESSEE: 800-621-2622 (together with an email to
SOHGCPropertyManagement@verizonwireless.com) ; LESSOR: (409)983-8102.
12. Intentionally Omitted.
Utility Easements and Utility Cost
13. LESSEE will be responsible for and all costs associated with electrical hookup,
maintenance and service, which is due to LESSEE's operations at the PREMISES. CITY shall
provide and grant to LESSEE any easements necessary (in LESSEE's reasonable discretion)for the
provision of electric and telephone/fiber hook up and service to this PREMISES and LESSEE's
equipment.
Taxes
14. LESSEE agrees to reimburse CITY for all real property taxes which are assessed against
CITY and directly attributable to LESSEE's equipment or use of the PREMISES. LESSEE is also
responsible for personal property taxes assessed against improvements constructed or maintained
by LESSEE on or about the PREMISES. CITY shall use its best efforts to provide prior
notification of any taxes for which LESSEE is to be charged, so LESSEE will have the
opportunity to appear before the taxing authority and contest any assessment.
Liability and Indemnification
15.1 LESSEE shall at all times comply with all applicable laws and ordinances and all
applicable rules and regulations of municipal, state and federal government authorities relating to
the installation, maintenance, height, location, use, operation, and removal of LESSEE's
equipment, antenna systems, and other LESSEE improvements authorized herein, and shall fully
release, defend, indemnify and hold harmless CITY, its officers, officials, agents, servants or
employees (collectively "CITY") against any and all claims, damages, lawsuits, losses, costs, or
expenses which may be sustained or incurred by CITY, its officers, officials, agents, servants or
employees as a result of LESSEE's installation, operation, or removal of such improvements,
except to the extent caused by the negligence or willful misconduct of CITY, its officers, officials,
agents, servants or employees. It is the intention of the parties that where such claims, damages,
lawsuits, losses, costs or expenses are caused by the combined negligence or combined willful
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Lessee Site Name/Number: W.Levee/446877
misconduct of both parties hereto, each party shall be responsible for its proportionate share of
costs incurred.
15.2 Except as otherwise provided in this Agreement, LESSEE undertakes and assumes for its
officers, agents, employees, servants, affiliates, contractors and subcontractors, all risk of
dangerous conditions, if any, on or about the PREMISES and LESSEE hereby agrees to release,
defend, indemnity and hold harmless CITY, its officers, officials, agents, servants and employees
against and from any claim asserted or liability imposed upon CITY, its officers, officials, agents,
servants and employees for personal injury or property damage to any person arising out of
LESSEE's installation operation, maintenance, condition or use of the PREMISES or LESSEE's
facilities or LESSEE's failure to comply with any applicable federal, state or local statute,
ordinance or regulation, except to the extent caused by the negligence or willful misconduct of
CITY, its officers,officials,agents, servants, or employees.
15.3 LESSEE represents that its use of the PREMISES herein will not generate any hazardous
substance, and it will not store or dispose of, nor transport to or over the PREMISES any
hazardous substance, in violation of any applicable statute, regulation or ordinance. LESSEE
further agrees to release, defend, indemnify, and hold CITY, its officers, officials, agents, servants
and employees harmless from and against only damage, loss, or expense or liability resulting from
the generating, releasing, storage or disposal of such hazardous substances brought onto the
Premises by LESSEE, including all attorneys' fees, costs and penalties incurred as a result thereof.
"Hazardous substance" shall be interpreted broadly to mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material , hazardous or toxic or
radioactive substance, or other similar toxin by any federal, state or local environmental law,
regulation,or rule presently in effect or promulgated in the future,as such laws,regulations or rules
may be amended from time to time; and it shall be interpreted to include, but not be limited to, any
substance which after release into the environment will or may reasonably be anticipated to cause
sickness, death, or disease. LESSEE shall not be responsible for any environmental condition,
including the release of hazardous substances to the extent that such condition existed on the
execution date of this Agreement or to the extent not caused by the activities of LESSEE.
15.4 LESSOR will be responsible for all obligations of compliance with any and all environmental
and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any
governmental authorities regulating or imposing standards of liability or standards of conduct with
regard to any environmental or industrial hygiene conditions or concerns as may now or at any time
hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any
way related to the Tower or subject property, unless such conditions or concerns are caused by the
specific activities of LESSEE in the Premises.
15.5 Neither Party shall be liable to the other, or any of their respective agents, representatives,
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of
service, even if advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
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Lessee Site Name/Number: W.Levee/446877
Insurance
16. LESSEE shall obtain and maintain in full force and effect for the duration of this Agreement,
and any extension or renewal thereof, at LESSEE's sole expense, liability insurance and workers'
compensation insurance, and a certificate of insurance shall be submitted to and approved by CITY
prior to the commencement of any performance under this Agreement. LESSEE must provide
insurance in compliance with Appendix"C",attached hereto and incorporated herein for all purposes.
Condition of Premises
17.1 CITY shall maintain the PREMISES in compliance with all applicable statutes, ordinances,
regulations and rules required for CITY uses of the PREMISES and surrounding property, and in a
manner which will not interfere with LESSEE's permitted use of the PREMISES. Upon expiration,
or within 90 days of earlier cancellation, or termination of this Agreement, LESSEE will have the
right to remove its equipment, antenna systems, fixtures and structures from the PREMISES at
LESSEE's cost and expense. LESSOR agrees and acknowledges that all of the equipment,
conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE
and LESSEE shall have the right to remove the same at any time during the Term, whether or not
said items are considered fixtures and attachments to real property under applicable Laws. Title to
all such equipment, fixtures and structures not removed by LESSEE in accordance with this
Agreement following the expiration/termination of this Agreement and notice to LESSEE shall
belong to CITY. However, upon vacation of this site, LESSEE shall surrender the PREMISES in
substantially the same condition as received, except for ordinary wear and tear and casualty damage
not caused by LESSEE. If, as reasonably determined by CITY,the PREMISES are not surrendered
in satisfactory condition, CITY shall notify LESSEE and LESSEE shall restore the PREMISES as
required by this Agreement.
17.2 LESSEE shall have sole responsibility for the maintenance, repair, and security of its
equipment,personal property,antenna facilities,and leasehold improvements,and shall keep same in
good repair and condition during the term and all renewals of this Agreement.
17.3 LESSEE shall keep the Premises free of debris and anything reasonably determined to be of a
dangerous,noxious,or offensive nature or which would create a hazard or undue vibration,heat,noise,
or interference. The Parties acknowledge that LESSEE's permitted use of the PREMISES is
deemed not to be a violation of this provision.
17.4 By taking possession of the PREMISES, LESSEE accepts the PREMISES in the condition
existing as of the effective date. Except as otherwise provided herein, CITY makes no
representation or warranty with respect to the condition of the PREMISES and CITY shall not be
liable for any latent or patent defect in the PREMISES. CITY agrees to notify LESSEE of the
existence of any latent defects of which the CITY has knowledge.
9
Lessee Site Name/Number: W.Levee/446877
Notice
18. All notices to the parties shall be in writing and shall be sent by certified or registered mail,
hand delivered,or by commercial courier,provided the courier's regular business is delivery service
and provided further that it guarantees delivery to the addressee by the end of the next business day
following the courier's receipt from the sender, to the respective representatives for the parties as
designated below:
CITY LESSEE
CITY OF PORT ARTHUR GTE MOBILNET OF SOUTH TEXAS
City Manager LIMITED PARTNERSHIP
444 4th Street D/B/A VERIZON WIRELESS
P. O. Box 1089 One Verizon Way
Port Arthur,Texas 77640 Mail Stop 4AW100
Basking Ridge,New Jersey 07920
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to
the foregoing.
Tower, Compliance,Marking and
Lighting Requirements
19.
LESSOR covenants that it will keep the Tower in good repair as required by all applicable laws. The
LESSOR shall also comply with all rules and regulations enforced by the Federal Communications
Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to
make such repairs including maintenance the LESSEE may make the repairs and the costs thereof
shall be payable to the LESSEE by the LESSOR on demand together with interest thereon from the
date of payment at the greater of(i)ten percent(10%)per annum, or(ii)the highest rate permitted by
applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10) days after
such demand, the LESSEE shall have the right to deduct the costs of the repairs from the succeeding
monthly rental amounts normally due from the LESSEE to the LESSOR. Not later than fifteen (15)
days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all
structural analysis reports that have done with respect to the Tower and throughout the Term,
LESSOR shall supply to LESSEE copies of all structural analysis reports that are done with respect
to the Tower promptly after the completion of the same.
Site Plan
20. The SITE PLAN (attached as "Appendix A") must be approved by CITY prior to the
execution of this Agreement, with approval or disapproval not to be unreasonably delayed or
withheld. CITY's approval of the Site Plan shall be indicated by the inclusion of such Site Plan in
this fully executed Agreement. 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 installations, as well as an elevation of the PREMISES with the proposed
10
Lessee Site Name/Number: W.Levee/446877
installations. Performance under this Agreement shall be in strict compliance with the SITE PLAN
and as may otherwise be approved by LESSOR or permitted under this Agreement. If LESSEE's
installation, maintenance, operation of equipment, fixtures, antennas, cables, wiring or other
structures fail to comply with the approved SITE PLAN, at any time, as reasonably determined by
CITY, then CITY shall have the right to terminate this Agreement following notice to LESSEE if
LESSEE does not timely cure the issue as provided under Section 5.3 herein.
Modifications
21. LESSEE's operations and all CITY approved modifications to the PREMISES must at all
times comply with the terms of this Agreement, all applicable federal, state and local laws and
ordinances and all amendments thereto.
Entire Agreement
22. This Agreement, together with all Appendices attached hereto and incorporated herein
constitutes 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
manner relates to the subject matter of this Agreement. LESSOR agrees to execute a Memorandum
of this Agreement,which LESSEE may record with the appropriate recording officer.
Capacity
23. Both LESSEE and 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
24. 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 exclusive venue for
any action concerning this Agreement shall be in Jefferson County, Texas
Amendment
25. This Agreement may only be amended by the mutual written agreement signed by the parties
hereto.
Legal Construction; Severability
26. In the event that any one or more of the provisions contained in the Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect the other provisions, and the Agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained in it.
11
Lessee Site Name/Number: W.Levee/446877
Nonwaiver
27. No right or remedy granted herein or reserved to the parties is exclusive of any right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of every right or
remedy given hereunder. No covenant or conditions of this Agreement may be waived without
consent of the parties. It is further agreed that one (1) or more instances of forbearance by either
Party in the exercise of its rights herein shall in no way constitute a waiver thereof.
Landlord/Tenant
28. LESSOR and LESSEE covenants and agrees that the relationship of the parties is that of
landlord and tenant.
Successors and Assigns
29.1 CITY and LESSEE each bind themselves, their successors, executors, administrators and
assigns to the other party to this Agreement. Neither CITY nor LESSEE will assign, sublet,
subcontract or transfer any interest in this Agreement without the written consent of the other party.
No assignment, delegation of duties or subcontract under this Agreement will be effective without
the written consent of CITY. LESSEE shall not assign, sublet, subcontract,transfer or allow the use
of any interest in the PREMISES or any use of LESSEE's facilities, including but not limited to
equipment, lines or frequencies, on the PREMISES without the prior written consent of CITY.
CITY's consent may be conditioned upon LESSEE successfully obtained contracts from such third
parties wherein those parties agree to directly compensate CITY for all benefits incurred by the use
of the PREMISES.
29.2 LESSEE may assign this Agreement to LESSEE's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of LESSEE's assets in the market
defined by the Federal Communications Commission in which the Premises is located by reason
of a merger, acquisition or other business reorganization. No change of stock ownership,
partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of
LESSEE shall constitute an assignment hereunder.
Applicable Laws
30. This Agreement is entered into subject to the charter and ordinances of CITY as they may be
amended from time to time, and is subject to and is to be construed, governed and enforced under
all applicable federal and state laws. Both Parties agree to comply with all applicable federal, state
and local law.
Subordination to Mortgage
31. Any mortgage now or subsequently placed upon any property of which the PREMISES are a
part shall be deemed to be prior in time and senior to the rights of the LESSEE under this
Agreement. LESSEE subordinates all of its interest in the PREMISES created by this Agreement to
the lien of any such mortgage. However, as a condition to the subordination of LESSEE's interest
pursuant to this paragraph, CITY shall obtain, for LESSEE's benefit a non-disturbance and
12
Lessee Site Name/Number: W.Levee/446877
attornment agreement in a form reasonably satisfactory to LESSEE.
Rental Documentation
32. For any party to whom rental payments are to be made, LESSOR or any successor in interest
of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of Internal Revenue
Service Form W-9, or equivalent; (ii)complete and fully executed state and local withholding forms if
required; and (iii) other documentation to verify LESSOR's or such other party's right to receive
rental as is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement,
but LESSEE shall have no obligation to deliver rental payments until the requested documentation has
been received by LESSEE. Upon receipt of the requested documentation, LESSEE shall deliver the
accrued rental payments as directed by LESSOR.
Grant of Communications Interest
33. If LESSOR elects, during the Term, to grant to a third party by easement or other legal
instrument an interest in and to LESSEE's Premises, as depicted on Appendix A attached hereto, for
the purpose of operating and maintaining communications facilities or the management thereof, with
or without an assignment of this Agreement to such third party, LESSEE shall have the right of first
refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer.
If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from
LESSOR, LESSOR may sell or grant the easement or interest in the Tower and/or Premises to such
third person in accordance with the terms and conditions of such third party offer. The Parties agree
and acknowledge that this paragraph does not affect the LESSOR's right to lease other portions of
LESSOR's Tower and surrounding property (excluding LESSEE's Premises) to other wireless
communications carriers.
Most Favored Lessee
34. LESSOR represents and warrants that the rent, benefits and terms and conditions granted to
LESSEE by LESSOR hereunder are now and shall be, during the Term, no less favorable than the
rent, benefits and terms and conditions for substantially the same or similar tenancies or licenses
granted by LESSOR to other parties. If at any time during the Term LESSOR shall offer more
favorable rent, benefits or terms and conditions for substantially the same or similar tenancies or
licenses as those granted hereunder, then LESSOR shall, within 30 days after the effective date of
such offering, notify LESSEE of such fact and offer LESSEE the more favorable offering. If
LESSEE chooses,the parties shall then enter into an amendment that shall be effective retroactively to
the effective date of the more favorable offering, and shall provide the same rent, benefits or terms
and conditions to LESSEE. LESSEE shall have the right to decline to accept the offering. LESSOR's
compliance with this requirement shall be subject,at LESSEE's option,to independent verification.
Casualty and Condemnation
35. If a fire or other casualty damages the Tower or Premises and impairs LESSEE's use, rent shall
abate until LESSEE'S use is restored. If LESSEE's use is not restored within 45 days, LESSEE may
terminate this Agreement. If a condemnation of any portion of the property or Premises impairs
LESSEE's use, LESSEE may terminate this Agreement. LESSEE may on its own behalf make a
13
•
Lessee Site Name/Number: W.Levee/446877
claim in any condemnation proceeding involving the Premises for losses related to LESSEE's
communications equipment, relocation costs and, specifically excluding loss of LESSEE's leasehold
interest, any other damages LESSEE may incur as a result of any such condemnation.
Contract Interpretation
36. Both parties have participated fully in the review and revision of this Agreement. Any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply to the interpretation of this Agreement.
Signed on the day of �`C.:\%0'ItI Y. 201 L 1
GTE Mobilnet of South Texas Limited Partnership
d/b/a Verizon Wireless
WITNESSED BY: By: Cellco Partnership, its general partner
BY:
Na e: . \f11Ctit- -��LL�:x�
Titlefe)Director - Network Field
1?- 6L Engineering
Sinned on th• ,mot day of 2019 .
CITY OF PORT ARTHUR, TEXAS:
WITNESSED BY: 214"d"424,
BY: 10144-LCIL
Name: Rebecca Underhill. CPA
Title: Interim City Manager
444 4th Street
P.O. Box 1089
1� citelu Port Arthur,TX 77641
City Secretary 4(,t `0
14
APPENDIX "A"
See Attached
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APPENDIX "B"
PAYMENT TERMS AND CONDITIONS
Rental fees shall commence to accrue and shall be due and payable on the Effective Date of this
Agreement, as defined herein. Such fees shall be payable by check and/or electronic funds
transfer, at the place designated herein for the delivery of notices to the City, without demand ,
set-off deduction, for any reasons whatsoever, except as otherwise provided herein. Payment
during the initial five (5) year term shall be made in the amount of TWENTY THREE
HUNDRED DOLLARS ($2,300.00) per month for a total of TWENTY SEVEN
THOUSAND SIX HUNDRED DOLLARS ($27,600.00) annually.
The annual rent for each five (5) year renewal term shall increase ten percent (10%) over the
annual rent due for the immediately preceding five(5) year term.
Payments made after the first year of the Agreement term and for all subsequent renewals shall
be due and payable as specified herein, beginning on or before the anniversary date of the
Effective Date of this Agreement.
Mailing Address for Rental Check Payments:
City of Port Arthur
Accounts Receivable
PO Box 1089
Port Arthur, TX 77641-1089
Electronic Fund Transfer Arrangements to be arranged with the City of Port Arthur Financial
Department.
APPENDIX "C"
Insurance Requirements
a. The Parties hereby waive and release any and all rights of action for
negligence against the other which may hereafter arise on account of damage to the
Premises or to the Property, resulting from any fire, or other casualty of the kind covered by
standard fire insurance policies with extended coverage, regardless of whether or not, or in
what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These
waivers and releases shall apply between the Parties and they shall also apply to any claims
under or through either Party as a result of any asserted right of subrogation. All such policies
of insurance obtained by either Party concerning the Premises or the Property shall waive the
insurer's right of subrogation against the other Party.
b. LESSEE will maintain at its own cost;
i. Commercial General Liability insurance with limits of $1,000,000 for
bodily injury(including death) and for property damage each occurrence
ii. Commercial Auto Liability insurance on all owned, non-owned and hired
automobiles with a combined limit of$1,000,000 each accident
iii. Workers Compensation insurance providing the statutory benefits and
Employers Liability of$1,000,000 each accident/disease/policy limit.
LESSEE will include LESSOR as an additional insured as their interests may appear
under this Agreement on the Commercial General Liability and Auto Liability policies.
c. LESSOR will maintain at its own cost commercial general liability insurance with
limits not less than $1,000,000 for injury to or death of one or more persons in any one
occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR
will include the LESSEE as an additional insured.
d. In addition, LESSOR shall obtain and keep in force during the Term a policy or
policies insuring against loss or damage to the Tower with a commercially reasonable valuation,
as the same shall exist from time to time without a coinsurance feature. LESSOR's policy or
policies shall insure against all risks of direct physical loss or damage (except the perils of flood
and earthquake unless required by a lender or included in the base premium), including coverage
for any additional costs resulting from debris removal and reasonable amounts of coverage for
the enforcement of any ordinance or law regulating the reconstruction or replacement of any
undamaged sections of the Tower required to be demolished or removed by reason of the
enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but
not including plate glass insurance.
e(D10
(SPACE ABOVE LINE FOR CLERK'S USE ONLY)
This Instrument Was Prepared By
and When Recorded Mail to:
Christopher D.Olds,Esq.
Baker Donelson, Bearman,Caldwell&Berkowitz, PC
1501 Main Street,Suite 600
Columbia,South Carolina 29201
MEMORANDUM OF COMMUNICATIONS FACILITY LEASE AGREEMENT
This M rrforandum of Commupications Facility Lease Agreement ("Memorandum"), is made this
Jv day of� l L,\1eK ')',7-,w 201`Jl, by and between City of Port Arthur, Texas, with a mailing
address of 10323 Veterans Memorial Drive, Houston,Texas 77038 (the "Lessor"), and GTE Mobilnet of
South Texas Limited Partnership d/b/a Verizon Wireless,with its principal office located at One Verizon
Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920("Lessee").
RECITALS:
WHEREAS, Lessor is the owner of certain real property located at Terminal Road, Port Arthur,
Jefferson County, Texas, which is more particularly described in Exhibit A, attached hereto and
incorporated herein by reference (the "Property"); and
WHEREAS,the Premises (as defined below) are a portion of the Property;and
WHEREAS, Lessee leases the Premises from Lessor pursuant to the Communications Facility
Lease Agreement of even date herewith (the "Lease"); and
WHEREAS, Lessor and Lessee desire to file this Memorandum in official records of Jefferson
County, Texas, in order to provide record notice to third parties of Lessee's leasehold estate in the
Premises;
NOW, THEREFORE, for and in consideration of the Premises, and for other good and valuable
consideration, the receipt, adequacy and sufficiency of which are expressly acknowledged by the
W.Levee/446877
parties, Lessor and Lessee agree and acknowledge for themselves and their respective successors and
assigns, as follows:
1. Lessor grants to LESSEE the right to install, maintain, and operate communications
equipment upon an approximately 625 square ft. portion of the Property (the "Premises"), together
with the non-exclusive right of ingress and egress from a public right-of-way, 7 days a week, 24 hours a
day, over the Property, to and from the Premises, and for the purpose of installation, operation, and
maintenance of LESSEE's communications equipment, including utilities and fiber, over, under, along,
and through a variable width right-of-way, and over, under, along, and through one or more additional
rights of way from the Property (collectively, the "Easement(s)"). The Property is further described on
Exhibit A, attached hereto and made a part hereof. The Premises and Easement are further described
and depicted on Exhibit B, attached hereto and made a part hereof.
2. The term of the Lease is Five (5) years commencing on the Commencement Date as
defined in the Lease. Lessee may extend the term of the Lease for Five (5) renewal terms of Five (5)
years each, upon the terms and conditions set forth in the Lease.
3. The Lease is binding upon Lessor and Lessee, and their respective successors and
assigns.
4. Lessee has the right of first refusal to obtain a communications easement under, the
Premises during the initial term and all renewal terms of the Lease.
5. This Memorandum contains only selected provisions of the Lease and reference is made
to the full text of the Lease for all of the applicable terms and conditions. This Memorandum does not,
in any way, amend or supersede the terms and conditions of the Lease.
2
W.Levee 1446877
IN WITNESS WHEREOF, the Lessor and Lessee have executed this Memorandum the day and
year first above written.
WITNESSES: LESSOR:
City of Port Arthur,Texas
By: AlACULA.. 24C64.40:69
Print Name: Print Name: Rebecca Underhill, CPA
Its: Inter City yanmer
Date: -24-19
WITNESSES: LESSEE:
GTE MOBILNET OF SOUTH TEXAS LIMITED
PARTNERSHIP D/B/A VERIZON WIRELESS
By: Cellco Partnership, Its General Partner
tiotAem ! �( �Q By: IX/2494"/—CIA.
Print NamQ VI �.� oq /`{ Print ame:Jason L i er
\ie—#s: Director,i etwork ftield Engineering
Date: 1 1 ' 11
3
W Levee/4.16877
LESSOR ACKNOWLEDGMENT
STATE OF T{'(aS )
COUNTY OF j C-1 ( Y I )
Before me, the undersigned Notary Public, personally appeared Rebecca Underhill, CPA, with
whom I am personally acquainted (or whose identity was proven to me on the basis of satisfactory
evidence), who acknowledged that she is the Interim City Manager of City of Port Arthur, Texas and
being authorized to do so executed the foregoing instrument on behalf of City of Port Arthur, Texas for
the purposes therein contained.
0
Witness my hand and seal,this 1 day of ..{) L , 201 ,
fie, M
NOTARY PUBLIC '
My Commission Expires:
-5 _ cao a3
,,P,N',,, KELLY MOORE
?z P' e�'s Notary Public,State of Texas
%‘"2.;;;•.^.:4:V.LE Comm. Exy'res 06-05-2023
''',4,1;;,�` Notary ID 124582050
LESSEE ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF HARRIS )
Before me, the undersigned Notary Public, personally appeared4aseft-Lerker-with whom I am
personally acquainted (or who, identity was proven to me on the basis of satisfactory evidence), who
t 1
acknowledged that he is ttn vc�tor-Network Field Engineering of Cellco Partnership, general partner
of GTE Mobilnet of South Texas Limited Partnership d/b/a Verizon Wireless and being authorized to do
so executed the foregoing instrument on behalf of GTE Mobilnet of South Texas Limited Partnership
d/b/a Verizon Wireless for the purposes therein contained.
Witness my hand and seal,this -� d f ��J P,(7- , 201
NOTARY PUBLIC
My Comm sion E ires:
eLISAL WOOD
Notary ID#130424888
.E My Commission Expires
October 29, 2023
W.Levee/446877
Exhibit A
Description of the Property
TR 18 AB 92 BBB&C RR CO SUR&AB 401 I BRAY 2.543AC
PROPERTY ID: 400700
5
W.Levee/446877
Exhibit B
Description of the Premises
(See Attached)
6
W.Levee/446877
UTILITY EASEMENT
VERIZON WIRELESS
"W LEVEE"
Together with a utility easement being out of that certain 2.543 acres tract of land of the City
of Port Arthur as recorded in Instrument No. 2016003795, said 2.543 acres tract being
located in the B. B. B. &C. R. R. Survey, Abstract No. 92, City of Port Arthur, Jefferson County,
Texas, being more particularly described as follows:
BEGINNING at a 1/2-inch rebar found at the point created by the intersection of the easterly
right-of-way line of Terminal Road (having a 60-foot right-of-way) and the southeasterly right-of-
way line of 15' Street(having a 60-foot right-of-way);
Thence leaving said intersection and running along said southeasterly right-of-way line of 15'
Street, North 40°54'56" East, 10.51 feet to a 1/2-inch rebar found;
Thence leaving said southeasterly right-of-way line of 15'i Street and running, South 53°27'07"
East, 3.04 feet to a point;
Thence, South 06°57'50" East, 175.03 feet to a point;
Thence, North 81°25'03" East, 22.91 feet to a point;
Thence, 62.16 feet along the arc of a curve to the right, having a radius of 136.84 feet and
being scribed by a chord bearing, South 88°03'38" East, 61.63 feet to a point;
Thence, 13.96 feet along the arc of a curve to the right, having a radius of 184.26 feet and
being scribed by a chord bearing, South 71°32'49" East, 13.95 feet to a point;
Thence, South 53°13'56" East, 25.00 feet to a point;
Thence, North 36°46'04" East, 4.83 feet to a point;
Thence, South 56°27'46" East, 10.02 feet to a point;
Thence, South 36°46'04" West, 8.01 feet to a point;
Thence, 105.19 feet along the arc of a curve to the left, having a radius of 128.84 feet and
being scribed by a chord bearing, North 77°46'46" West, 102.29 feet to a point;
Thence, South 81°13'09"West, 20.44 feet to a point;
180861TX_Legals.docx
Thence, 13.21 feet along the arc of a curve to the right, having a radius of 27.39 feet and
being scribed by a chord bearing, North 85°44'22"West, 13.08 feet to a point on the easterly
right-of-way line of Terminal Road;
Thence along said easterly right-of-way line of Terminal Road, North 06°57'50" West, 175.52
feet to a 1/2-inch rebar found and the POINT OF BEGINNING.
Said tract contains 0.0641 acres (2,791 square feet), more or less, as shown in a survey
prepared for Verizon Wireless by POINT TO POINT LAND SURVEYORS, INC. dated May 25,
2018, and last revised June 08, 2018.
180861TX_Lega t s.docx
LEASE AREA
VERIZON WIRELESS
"W LEVEE"
All that tract or parcel of land out of that certain 2.543 acres tract of land of the City of Port
Arthur as recorded in Instrument No. 2016003795, said 2.543 acres tract being located in
the B. B. B. & C. R. R. Survey, Abstract No. 92, City of Port Arthur, Jefferson County, Texas,
being more particularly described as follows:
To find the point of beginning, commence at a 1/2-inch rebar found at the point created by the
intersection of the easterly right-of-way line of Terminal Road (having a 60-foot right-of-way)
and the southeasterly right-of-way line of 15' Street(having a 60-foot right-of-way);
thence leaving said intersection and running along said southeasterly right-of-way line of 15th
Street, North 40°54'56" East, 10.51 feet to a 1/2-inch rebar found;
thence leaving said southeasterly right-of-way line of 15th Street and running, South 53°27'07"
East, 3.04 feet to a point;
thence, South 06°57'50" East, 175.03 feet to a point;
thence, North 81°25'03' East, 22.91 feet to a point;
thence, 62.16 feet along the arc of a curve to the right, having a radius of 136.84 feet and
being scribed by a chord bearing, South 88°03'38" East, 61.63 feet to a point;
thence, 13.96 feet along the arc of a curve to the right, having a radius of 184.26 feet and
being scribed by a chord bearing, South 71°32'49° East, 13.95 feet to a point and the true
POINT OF BEGINNING;
Thence running, North 36°46'04' East, 25.00 feet to a point;
Thence, South 53°13'56" East, 25.00 feet to a point;
Thence, South 36°46'04" West, 25.00 feet to a point;
Thence, North 53°13'56" West, 25.00 feet to a point and the POINT OF BEGINNING.
Said tract contains 0.0143 acres (625 square feet), more or less, as shown in a survey
prepared for Verizon Wireless by POINT TO POINT LAND SURVEYORS, INC. dated May 25,
2018, and last revised June 08, 2018.
180861TX_Lega Is.docx
ACCESS EASEMENT
VERIZON WIRELESS
"W LEVEE"
Together with an access easement being out of that certain 2.543 acres tract of land of the
City of Port Arthur as recorded in Instrument No. 2016003795, said 2.543 acres tract being
located in the B. B. B. &C. R. R. Survey,Abstract No. 92, City of Port Arthur, Jefferson County,
Texas, being more particularly described as follows:
To find the point of beginning, commence at a 1/2-inch rebar found at the point created by the
intersection of the easterly right-of-way line of Terminal Road (having a 60-foot right-of-way)
and the southeasterly right-of-way line of 15' Street(having a 60-foot right-of-way);
thence along said easterly right-of-way line of Terminal Road, South 06°57'50" East, 175.52
feet to a point and the true POINT OF BEGINNING;
Thence leaving said easterly right-of-way line of Terminal Road and running, 13.21 feet along
the arc of a curve to the left, having a radius of 27.39 feet and being scribed by a chord
bearing, South 85°44'22" East, 13.08 feet to a point;
Thence, North 81°13'09" East, 20.44 feet to a point;
Thence, 105.19 feet along the arc of a curve to the right, having a radius of 128.84 feet and
being scribed by a chord bearing, South 77°46'46" East, 102.29 feet to a point;
Thence, South 36°14'31" West, 19.95 feet to a point;
Thence, 89.19 feet along the arc of a curve to the left, having a radius of 109.96 feet and
being scribed by a chord bearing, North 77°58'07" West, 86.77 feet to a point;
Thence, South 80°42'41" West, 23.14 feet to a point;
Thence, 11.71 feet along the arc of a curve to the left, having a radius of 27.67 feet and being
scribed by a chord bearing, South 65°07'06' West, 11.62 feet to a point on the easterly right-
of-way line of Terminal Road;
Thence along said easterly right-of-way line of Terminal Road, North 06°57'50" West, 26.32
feet to a point and the POINT OF BEGINNING.
Said tract contains 0.0607 acres (2,645 square feet), more or less, as shown in a survey
prepared for Verizon Wireless by POINT TO POINT LAND SURVEYORS, INC. dated May 25,
2018, and last revised June 08, 2018.
180861TX_Legals.docx
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EXHIBIT "B"
AGREEMENT TO EXTEND THE
COMMUNICATIONS FACILITIES LEASE AGREEMENT
WITH UPDATED PAYMENT TERMS AND CONDITIONS (FIRST RENEWAL)
Extension of the Communications Facilities Lease Agreement made by and between the
City of Port Arthur, Texas (hereinafter referred to as the "CITY" or "LESSOR" and GTE
Mobilnet of South Texas Limited Partnership d/b/a Verizon Wireless, hereinafter referred
to as "LESSEE", pursuant to Resolution No. 19-135 approved by City Council of the City
of Port Arthur on April 9, 2019.
Notice to renew was given by Verizon Wireless on February 25, 2025 that Verizon Wireless
is exercising its right to extend the Agreement for an additional term, which term shall
commence on May 1, 2025 and continue through April 30, 2030.
The City of Port Arthur hereby agrees to the extension (first renewal) with the amended
rental terms as follows:
Rental fees shall commence to accrue and shall be due and payable on the Effective Date
of this Agreement, as defined herein. Such fees shall be payable by check and/or
electronic funds transfer, at the place designated herein for the delivery of notices to the
City, without demand, set-off deduction, for any reasons whatsoever, except as otherwise
provided herein. Payment during the term of May 1, 2025, and April 30, 2030, the first
renewal of Resolution #19-135, shall be made in the amount of TWENTY-FIVE HUNDRED
THIRTY DOLLARS ($2,530.00) per month for an ANNUAL total of THIRTY THOUSAND
THREE HUNDRED SIXTY DOLLARS ($30,360.00) for FIVE (5) YEARS.
The annual rent for each five (5) year renewal term shall increase ten percent (10%)
over the annual rent due for the preceding five (5) year term.
Payments made after the first year of the Agreement term and for all subsequent
renewals shall be due and payable as specified herein, beginning on or before the
anniversary date of the Effective Date of this Agreement.
Mailing Address for Rental Check Payments:
CITY OF PORT ARTHUR
ACCOUNTS RECEIVABLE
PO Box 1089
Port Arthur, TX 77641-1089
Electronic Fund Transfer Arrangements to be arranged with the City of Port Arthur
Financial Department.
City of Port Arthur, Texas
By:
Name: Ronald Burton
Title: City Manager, CPM
Date:
a
GTE Mobilnet of Southeast Texas Limited Partnership,
DBA Verizon Wireless of Bedminister, New Jersey
By:
Name:
Title:
Date:
I
I
■ Network Real Estate
verizon 180 Washington Valley Road
Bedminster, NJ 07921
http://landlord-connect.verizon.com/
Via FedEx: 772231074200
February 25, 2025
City of Port Arthur,TX
Attn: City Manager
444 4th Street
Port Arthur, TX 77640
Re:NOTICE TO RENEW:Agreement dated November 20,2019,by and between City of
Port Arthur, TX and Verizon Wireless(or the parties' predecessors-in-interest) for the use
of the property identified below(the"Agreement").
To Whom It May Concern:
This letter serves as notification that Verizon Wireless is exercising its right to extend the
Agreement for an additional term, which term shall commence on May 1, 2025 and
continue through April 30,2030.
Should you have any questions regarding this notice please call Network Real Estate at
866-862-4404.
Sincerely,
Sarah Sztuk
Real Estate Specialist-Network Real Estate
VZW Site Name: W Levee
Contract#: 197110
Property Address: 1440 A Terminal Road, Port Arthur, TX