Res 2003-158 - Laserfiche WebLink

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127. ANTENNA EQUIPMENT GROUND SPACE RENTAL AGREEMENT THE STATE OF TEXAS THE COUNTY OF HAYS This Antenna Ground Space Rental Agreement is made on September 9 , 2003 by and between the City of San Marcos, Texas ("Lessor"), 630 East Hopkins Street, San Marcos, TX 78666, and VoiceStream PCS n Corporation d/b/a T-Mobile USA, Inc. ("Lessee"), 4401 Freidrich Ln., Ste. 110, Austin, TX 78744. The Lessor and the Lessee are at times referred to collectively as the "Parties" and individually as the "Party". 1. Leased Premises: Lessor leases to Lessee, and Lessee leases from Lessor, the 225 square foot tract of property described on the attached Exhibit A (the "Leased Premises"). Lessee acknowledges that Lessor has made no representations and makes no warranty concerning the condition of the Leased Premises, or their suitability for the Lessee's purposes. Lessee expressly represents that it has undertaken all investigations it considers necessary to satisfY itself as to the condition of the Leased Premises, and their suitability for the Lessee's purposes. This Agreement is for the sole purpose described below and in accordance with the following tem1S and conditìons. 2. Lessee's Equipment: a. Lessor grants to Lessee the right to install transmitter equipment and cabinets (the "Equipment") on the Leased Premises. Lessee shall also be entitled to extend cabling facilities from the Equipment to Lessee's antennas on the adjacent electric transmissíon line tower owned by the Lower Colorado River Authority ("LCRA"). Lessee's installation~ use, operation, maintenance, and removal of the Equipment shall be subject to the approval of Lessor's Director of Engineering (the "Director"), and shall comply with all local, state and federal laws, rules and regulations. Lessee shall be solely responsible for the cost and the installation, operation, maintenance, use and removal of the Equipment, and Lessee shall be responsible and liable at all times for all losses to and damages to the Equipment and any and all other property of Lessee located upon the Leased Premises. The Equipment shall be installed upon the Leased Premises in accordance with plans and drawings submitted to and approved by the Director. In the event the Lessor does not disapprove or provide written comments on the plans and drawings to the Lessee within 15 days of submission of the plans and drawings, the Lessor will be deemed to have approved the plans and drawings. Lessor may periodically perform external inspections of the Equipment or shelters for conformance with the plans and drawings and other b. c. d. AU-1463J Ground Lease 1