Res 2002-224 - Laserfiche WebLink

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20-4523C SessOfD 9 City of San Marcos . TOWER RENTAL AGREEMENT THE STATE OF TEXAS THE COUNTY OF HAYS This Tower Rental Agreement is made on February 1, 2003,2003 by and between the City of San Marcos, Texas ("Lessor"), 630 East Hopkins Street, San Marcos, TX 78666, having a tax ID number of 74-6002238, and Dallas MTA, L.P., d/b/a Verizon Wireless ("Lessee"), 180 Washington Valley Road, Bedminster, NJ 07921. 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 right to attach three antennas (the "attachment rights") on a water tower owned by Lessor and situated on that certain property located on Alamo Street in the City of San Marcos, Texas and described in the attached Exhibit A (the "Property"), along with a 30' by 40' area of ground space (the "ground space") within the fenced area of the tower site located on the Property, as described on the attached Exhibit A. The attachment rights and the ground space are collectively referred to as the "Leased Premises" in this Agreement. Lessee acknowledges that Lessor has made no representations and makes no warranty concerning the condition of the tower or 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 tower and 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 terms and conditions. 2. Lessee's Equipment: a. Lessor grants to Lessee the right to install three antennas upon the water tower and the right to install equipment cabinets for transmitter equipment on the ground space. Lessee shall also be entitled to extend cabling facilities from the equipment on the ground space to the antennas. b. Lessee's equipment and the installation, use, operation, maintenance, and removal shall be subject to the approval of Lessor's Director of Water and Wastewater, and shall comply with all local, state and federal laws, rules and regulations. c. Lessee shall be solely responsible for the cost and the installation, operation, maintenance, use and removal of its equipment, and shall be responsible and liable at all times for all losses to and damages to Lessee's equipment upon the Leased Premises and any and all other property of Lessee located upon the Leased Premises. d. Lessee's equipment shall be installed upon the Leased Premises in accordance with plans