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<br /> 88 <br /> THE STATE OF TEXAS § <br /> § TOWER RENTAL AGREEMENT <br /> THE COUNTY OF HAYS § <br /> THIS AGREEMENT is made this , q day of M;::¡ 7 , 19 Hf\ , <br /> in San Marcos, Texas, by and between the City of San Marcos, Texas, <br /> hereinafter called Lessor, and GTE Mobilnet Of Austin Limited <br /> partnership, hereinafter called Lessee. <br /> 1. Leased Premises: <br /> Lessor hereby leases to Lessee, and Lessee hereby leases from <br /> Lessor, limited use of a water tower owned by Lessor and located <br /> on Alamo street in the City of San Marcos, Texas, along with 600 <br /> square feet of ground space within the fenced area of the tower <br /> for the purpose described below and in accordance with the <br /> following terms and conditions: <br /> 2. Lessee's Equipment: <br /> a. Lessor hereby grants to Lessee the right to install one (1) <br /> directional antenna and one (1) microwave dish antenna (a maximum <br /> of twelve (12) feet in diameter) upon said water tower and the <br /> right to construct on the ground space a concrete slab 3'611 x 6'011 <br /> and a repeater box 4'6" x 2'. Lessee shall also be entitled to <br /> extend cabling facilities from the base of the tower to the <br /> directional antenna and the microwave dish antenna. Lessee shall <br /> have the right to install additional cellular telephone <br /> transmission and receiving equipment subject to the prior written <br /> approval of Lessor. <br /> b. Lessee's equipment and the installation, use, operation, <br /> maintenance, and removal thereof shall be as approved by Lessor's <br /> Director of Environment and Engineering and Director of publ ic <br /> Works and in accordance with all local, State and Federal laws, <br /> rules and regulations, and this Agreement is expressly made <br /> subject thereto. Such approval shall not be unreasonably <br /> withheld. <br /> c. Lessee shall be solely responsible for the cost of its <br /> equipment and the installation, operation, maintenance, use and <br /> removal thereof, and shall be responsible and liable at all times <br /> for all losses to and damages of Lessee's equipment upon the <br /> leased premises and any and all other property of Lessee located <br /> upon the leased premises. <br /> d. The installation of all equipment set forth in subparagraph <br /> 2a. hereof shall be installed upon the leased premises in <br /> accordance with the plans and drawings which are attached hereto <br /> and incorporated herein for all purposes. Following the <br /> installation of Lessee's equipment upon the leased premises, <br /> Lessor shall inspect the same for conformance with said plans and <br /> drawings and other provisions of this Agreement. <br /> 3. Lessee's Access to Leased Premises: <br /> a. Lessee shall have the unrestricted right to enter or leave <br /> the premises where its equipment is located. Lessee agrees to <br /> take, at his expense, all measures and precautions necessary to <br /> render its equipment and Lessor's premises inaccessible to <br /> unauthor ized persons. Lessor agrees that it will not give <br /> unauthorized persons access to Lessee's equipment. <br /> b. Lessor shall provide Lessee with road access to the tower <br /> throughout the term of this lease. <br />