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<br />216 <br /> <br />TOWER RENTAL AGREEMENT <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 />Sprint Spectrum, L.P. ("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 600 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 ni,ne antennas upon the water tower and the right <br />to install equipment cabinets for transmitter equipment, switches, power supplies, batteries <br />and accessories on the ground space. Lessee shall also be entitled to extend cabling facilities <br />from the base of the tower to the antenna. Lessee shall have the right to install additional <br />transmission and receiving equipment subject to the prior written approval of the Lessor. <br />b. Lessee's equipment and the installation, use, operation, maintenance, and removal shall be <br />subject to the approval of Lessor' s Director of Water and Wastewater and in accordance with <br />all local, State and federal laws, rules and regulations. <br />c. Lessee shall be solely responsible for the cost and the installation, operation, maintenance, <br />use and removal of its equipment, and shall be responsible and liable at all times for all <br /> <br />1 <br />