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<br />80 <br /> <br />TOWER RENTAL AGREEMENT <br /> <br />ORIGINAL <br /> <br />THE STATE OF TEXAS <br />THE COUNTY OF HAYS <br /> <br />This Agreement is made by and between the City of San Marcos, Texas ("Lessor") and <br />Western PCS BTA I Corporation ("Lessee"). <br />1. Leased Premises: <br />Lessor leases to Lessee, and Lessee leases from Lessor, the right to attach nine antennas (the <br />"attachment rights") on a water tower owned by Lessor and located on Alamo Street in the City of <br />San Marcos, Texas, along with 140 square feet of ground space (the "ground space") within the <br />fenced area of the tower, as described on the attached Exhibit A. The attachment rights and the <br />ground space are collectively referred to as the "Leased Premises" in this Agreement. Lessee <br />acknowledges that Lessor has made no representations and makes no warranty concerning the <br />condition of the tower or of the Leased Premises, or their suitability for the Lessee's purposes. <br />Lessee expressly represents that it has undertaken all investigations it considers necessary to satisfy <br />itself as to the condition of the tower and of the Leased Premises, and their suitability for the <br />Lessee's purposes. This Agreement is for the sole purpose described below and in accordance with <br />the following terms and conditions: <br />2. Lessee's Equipment: <br />a. Lessor grants to Lessee the right to install nine antennas upon the water tower and the right <br />to install equipment cabinets for transmitter equipment on the ground space. Lessee shall <br />also be entitled to extend cabling facilities from the base of the tower to the antenna. Lessee <br />shall have the right to install additional transmission and receiving equipment subject to the <br />prior written approval of the Lessor. <br />b. Lessee's equipment and the installation, use, operation, maintenance, and removal shall be <br />subj ect to the approval of Lessor' s Director of Public Works and in accordance with all local, <br />State and federal laws, rules and regulations. <br />c. Lessee shall be solely responsible for the cost and the installation, operation, maintenance, <br /> <br />1 <br />