02-10-2009 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, FEBRUARY 10, 2009 Regular Session
6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION • Good Samaritan Certificate – Michael Voight • Mark Roberts
– Auto Collision regarding electronic signs REPORTS • Red Light Camera Update and Status – Presentation/Discussion and/or action regarding the status and update on the Red Light Camera.
(S. Starr/M. Bane) Hearing of Residents This time is set-aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the
meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information
given in response to any inquiry, a recitation of existing policy in response to an inquiry, an?d/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and/or Action Items 1. Minutes – Discussion
and/or action regarding the approval of the minutes of the regular meeting of February 3, 2009. 2. Resolution No. 09-R-03 – Discussion and/or action creating and providing initial funding
to the Hal Baldwin Scholarship, creating the Hal Baldwin Scholarship Committee and appointing members to that committee. (D. Taylor/M. Spain) 2-10-09 Council Agenda
3. Resolution No. 09-R-07 – Discussion and/or action regarding approval of a resolution authorizing an Alamo Region Public Safety Shared Service Interlocal Agreement with the City of
San Antonio, Bexar County, and Bexar Metro 9-1-1 Network District. (M. Spain) 4. Resolution No. 09-R-08 – Discussion and/or action regarding approval of a resolution authorizing a City
of Schertz Tower Lease Agreement with Sprint Spectrum, LP. (M. Spain) 5. Ordinance No. 09-S-07 -Conduct a public hearing and discussion and/or action approving an ordinance to rezone
2.19± acres of land out of the Genobra Malpaz Survey No. 67, Abstract No. 221 from Single-Family Residential District-2 (R-2) to General Business District (GB). The property is located
approximately 966 feet east of the intersection of FM-3009 and 220 feet south of FM-78 (John E. Peterson Blvd.). First Reading (M. Nichols) Requests and Announcements 6. Requests by
Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information 8. Announcements by Mayor
and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended
and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 9. Announcements by City Manager • Recognition of City employee actions
• New Departmental initiatives • Upcoming City Council agenda items Adjournment 2-10-09 City Council Agenda Page -2 -
CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 5th DAY OF
FEBRUARY, 2009 AT 10:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda
Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN
BOARD ON _____DAY OF _______________, 2009. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities
Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24
hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee
Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison -Schertz Chamber
of Commerce Liaison -Board of Adjustment Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board
of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board
for the Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz
Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards
and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee 2-10-09 City Council Agenda Page -3 -
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 10, 2009 Department: Administration Subject: Minutes BACKGROUND On February 3, 2009 a Regular City Council Meeting
was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the February
3, 2009 minutes. ATTACHMENT Minutes 02-03-09
MINUTES REGULAR MEETING February 3, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 3, 2009 at 6:30 p.m., in the Municipal Complex
Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Councilmember Jim Fowler Councilmember David Scagliola Councilmember
John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis
Mayor Pro-Tem Carpenter was absent. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS. Councilmember Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor
Baldwin recognized and welcomed Mark Gonzales, Constituent Service Representative with Congressman Henry Cuellar office who was in the audience. Mayor Baldwin recognized Schertz Chamber
of Commerce President Frances Rushing who announced the following: • Thanked Mayor Baldwin and Councilmember Scagliola for attending the monthly luncheon, Friday, January 30, 2009. Mayor
Baldwin recognized Carl Douglas, 2550 Woodland Village, who address the Council on the following concerns: • 33 mph non regulatory speed limit signs on Schertz Parkway, is it a necessity
• City Charter requirement specifies that Members of the Planning and Zoning Commission must be owners of property within the City, no other elected official or other member of the city
government is required to be a property owner, only a resident and from what he can tell it is not a requirement in the state statue and was wondering why the City had it as a requirement.
1-27-09 Council Agenda
• Regarding the savings from the Lower Water Crossing project that was part of the 2006 Bond Election for drainage, would it be possible to spend the remaining on the Library water reclamation
project? Mayor Baldwin recognized David Richmond, 2921 Bent Tree Drive, who spoke on the following issues: • Notice in paper regarding Transportation Commission and issue regarding the
commuter rail program; stated he wanted the city to stay a vital member of this. • Understaffed issues at the new post office. • Council consider item on a future agenda to clarify the
interpretation of the roll of the Liaisons. Mayor Baldwin recognized the following who spoke “against” Agenda Item 5 – Emergency Gate to Exit only Gate in Berry Creek Subdivision: •
Ed Trayhan, 2800 Hillview Lane • James Drnek, 2805 Hillview Lane • William Brown, 2601 Kingsland Circle Mayor Baldwin recognized Lisa Grimm, 2837 Berry Trace, who spoke “in favor” of
Agenda Item 5. Mayor Baldwin recognized Robert Brockman, 1000 Elbel Road who spoke regarding the Trail Riders arriving on Thursday, February 12, 2009 and will set up at the Pavilion.
Mr. Brockman also asked about the trailer that used to be at Fire Station No. 2. Staff stated that it had been sold at auction. Discussion and/or Action Items Mayor Baldwin moved Agenda
Item 5 to the beginning, Council concurred. 5. Emergency Gate – Berry Creek Subdivision-Discussion and/or action approving the recommendation to convert Emergency Gate to Exit Only Gate
in Berry Creek Subdivision. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating this item has been discussed several times at TSAC meetings.
The item was first brought up at the December 4, 2003 meeting. The TSAC Chairman at the time, Mr. Allen, along with a Berry Creek HOA representative, brought to the attention of the
TSAC board members the increasing difficulty and dangerousness the Berry Creek residents are experiencing when trying to turn out of the subdivision onto FM 3009. The Police Chief at
the time, Chief Cantrell, suggested a traffic study be performed. A traffic study was not performed, and the next time this item came back to TSAC was at the September 4, 2008 meeting.
Berry Creek HOA President Lisa Sidbury brought this issue to the board members attention again and City Engineer, Larry 2-3-09 Minutes Page -2 -
Dublin, recommended that a traffic study be performed on Hillview Lane for seven days, with the gate being open from 5am – 9pm. Ms. Sidbury said she would have to meet with her HOA to
get the approval to do the traffic study. Ms. Sidbury returned at the November 6, 2008 meeting and reported that the majority of the homeowners were interested in converting the gate
and to go ahead with the traffic study. A traffic study was conducted from November 16-22, 2008 and the results were to be discussed at the December 2008 TSAC meeting. A letter was sent
to the Woodland Oaks HOA President, Mr. Will Brown, letting him know of the traffic study and Woodland Oaks sent back a petition expressing their concerns and their statement that the
emergency gate not be converted. At the December 2008 meeting, Mr. Dublin briefed the Commission on the results of the traffic study that showed that 34 cars exited the open gate a day
with an average of four cars per hour. Sam Willoughby suggested that the item be tabled until the January 2009 meeting so a representative from Woodland Oaks HOA could be present to
hear the discussion. At the January meeting, the Commission heard from Mr. Dublin again, as well as a representative from Berry Creek HOA and Mr. Brown, Woodland Oaks HOA President.
After discussion, Mr. Dublin’s recommendation was to convert the emergency gate to an exit gate and to take the item to Council. With a 4-3 vote, the Commission agreed with Mr. Dublin’s
recommendation and a motion was made to take the item to Council. A five-day traffic study was recently performed from January 16-21, 2009 on Woodland Oaks Drive to monitor the traffic
on that road. Mayor Baldwin recognized Councilmember Trayhan who asked if there was consideration of placing a stop sign at Mossy Lane if the exit opened. Mr. Dublin answered “yes” and
he would recommend a speed limit sign be placed there as well. Councilmember’s Trayhan, Scagliola, Fowler and Wilenchik stated concerns regarding Woodland Oaks and Berry Creek HOA’S
not talking to each other, Berry Creek HOA not getting 100% vote of their homeowners for the Gate exit issue. Councilmembers also expressed concerns that Berry Creek HOA needs to look
at their by-laws and covenants. Councilmembers discussed that when citizens bought in the subdivision it was on the premise that there was only one-way in and oneway out and the exit
was an emergency exit only. Item Failed – lack of motion. 1. Ordinance No. 09-S-06 – Public Hearing (continued from January 27, 2009) regarding the revised Unified Development Code (UDC)
comprised of zoning, subdivision and other related land use regulations by superseding Ordinance No. 96-S-28. (K. Mitchell) Mayor Baldwin stated that the Public Hearing was be left opened
at the January 27, 2009 meeting and recognized Karen Mitchell, Mitchell Planning Group who stated that she has been incorporating changes and issues given by citizens, staff, and Council
and will 2-3-09 Minutes Page -3 -
continue to do so until the document is ready to come to Council for first reading. Mayor Baldwin continued the public hearing and recognized the following citizens who spoke regarding
the revised UDC: • Carl Douglas, 2550 Woodland Village addressed concerns regarding Section 21.14.6 regarding sidewalks and hike and bike trails subparagraph H states “Hike and bike
trails shall be installed on both sides of all State highways adjacent to the ROW.” He stated from Woodland Oaks Blvd. down to Dimrock the Woodland Village HOA’s concrete fence borders
the ROW of 3009. He stated if a decision were made to put sidewalks on both sides of 3009 would the City be entertaining an Immanent Domain condemnation to take private property. Ms.
Mitchell stated under the current UDC sidewalks are required which includes state highways. As she understood it when 3009 came in, sidewalks were not included because of the safety
issues. She stated this it is in the UDC for future developments and would be included in the platting process and the developer would provide sidewalks and or hike and bike trails in
development on private property and was intended for non residential not intended to go into anyone’s backyard. • Jan Wilson, 5218 Cabana Drive, addressed the set back issues as well
as concerns on the approval process and the steps. As no one else spoke, Mayor Baldwin closed the public hearing. 2. Minutes – Discussion and/or action regarding the approval of the
minutes of the Joint Worksession and Regular Meeting of January 27, 2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the
minutes of January 27, 2009. Vote was unanimous. Motion Carried. 3. Ordinance No. 09-D-04 -Discussion and/or action approving Ordinance No. 09-D-04 – Temporary speed limit reduction
on FM 3009, North and Southbound directions between mile point 4.679 and mile point 4.527 between mile point 23.663 and mile point 23.012. Final Reading (L. Dublin) Mayor Baldwin recognized
City Engineer Larry Dublin who introduced this item stating there was no change since the first reading. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember
Trayhan to approve Ordinance No. 09-D-04 final reading with correction to change from 2008 to 2009. Vote was unanimous. Motion Carried. 4. Ordinance No. 09-D-05 – Discussion and/or action
approving Ordinance No. 09-D-05 amending Section 86-89 Traffic Light Locations on Schertz Parkway. Final Reading (L. Dublin) 2-3-09 Minutes Page -4 -
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating there was no change since the first reading. Mayor Baldwin recognized Councilmember Wilenchik who
moved, seconded by Councilmember Fowler to approve Ordinance No. 09-D-05 final reading. Vote was unanimous. Motion Carried. 6. Resolution No. 09-R-05 -Discussion and/or action regarding
approval of Resolution No. 09-R--05 authorizing a purchase and sale contract with Cibolo Farm, LLC, and other matters in connection. (J. French) Mayor Baldwin recognized City Engineer
Larry Dublin who introduced this item stating the City has previously negotiated and approved the purchase of the Cibolo Farm, LLC property that is involved in the Upper West Dietz Creek
Drainage Project. The Public Works Department has agreed to certain modifications to such purchase. The agreement is to include $67,000 as the purchase price for the Property, $5,000
(maximum) to plant trees along the new property line of seller adjacent to he property and $50 for the unrestricted right for Schertz to terminate the Contract any time prior to closing,
Mr. Dublin stated the total fiscal impact cost is $72,050. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 09-R-05.
Vote was unanimous. Motion Carried. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized
Councilmember Fowler who asked if staff could bring an item to Council regarding the possibility of building firebreaks within the City due to the extreme dryness specifically in the
North Cliff area, Councilmembers concurred. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 9. Announcements by Mayor and
Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended
and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 2-3-09 Minutes Page -5 -
2-3-09 Minutes Page -6 -Mayor Baldwin stated he and members of staff attended a meeting today with Gonzales County Water District and the Schertz Sequin Local Government Corporation
Board of Directors; the discussion was to get some action started on the four permits they asked the Water District to approve. Mayor stated that these were in limbo until a lawsuit
from SAWS was settled. 10. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives • Upcoming City Council agenda items Mayor Baldwin recognized
City Manager Don Taylor who announced that the Planning and Zoning Commission, Board of Adjustments Members and staff would be attending an APA Training Conference in El Paso this Wednesday
through Saturday. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at7:47 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: __________________________
____________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 10, 2009 Department: City Manager Subject: Resolution No. 09-R-03 -Hal Baldwin Scholarship BACKGROUND Pursuant to
Article II, Section 2.01 of the City Charter, the City has the power and authority to promote and maintain good government and advance the interests of its inhabitants. It has been proposed
that the City Council (a) create the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high
school seniors who live in the City of Schertz who desire to pursue a career in public service and (b) establish an advisory committee to assist the City Council with the Scholarship.
FISCAL IMPACT $1,000 in first year RECOMMENDATION Adoption of Resolution No. 09-R-3 ATTACHMENT Resolution No. 09-R-3 CCM (Baldwin Scholarship).doc
RESOLUTION NO. 09-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING AND PROVIDING INITIAL FUNDING TO THE HAL BALDWIN SCHOLARSHIP, CREATING THE HAL BALDWIN
SCHOLARSHIP COMMITTEE AND APPOINTING MEMBERS TO THAT COMMITTEE, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas hereby creates
the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the
City of Schertz who desire to pursue a career in public service; and WHEREAS, the City Council desires to provide initial funding for such Scholarship; and WHEREAS, the City Council
desires to create an advisory committee to recommend potential scholarship winners to the City Council and to appoint members to that committee. NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Pursuant to Article II, Section 2.01 of the City Charter of the City of Schertz, to promote and maintain good government and to
advance the interests of its inhabitants, the City hereby establishes the Hal Baldwin Scholarship. Section 2. The City hereby establishes an initial Hal Baldwin Scholarship Fund in the
amount of $1,000 of unencumbered funds in the General Fund of the City to support such Scholarship program, and the City further encourages all those who support such Scholarship program
to make contributions to the City designated for such purpose. Section 3. The City hereby creates the Hal Baldwin Scholarship Committee (the “Committee”). The goals and objectives of
the Committee will be to (1) recommend to the City Council the application procedures and proposed scholarship award amounts, (ii) receive applications for the Hal Baldwin Scholarship,
and (ii) recommend potential Hal Baldwin Scholarship award winners to the City Council. Section 4. The Committee will act as an advisory committee to the City Council and will report
directly to the City Council. The Committee shall consist of five persons who at the time of their appointment and thereafter during their term (i) desire to contribute to the accomplishment
of the goals and objectives of the Committee and (ii) are available and agree to actively participate in the Committee. Section 5. The initial five members of the Committee will be John
Trayhan, Michael Carpenter, Steve White, Reginna Agee, and Michael Spain. Section 6. Members of the Committee shall serve at the pleasure of the City Council and may be removed at any
time, with or without cause, by the City Council. Resol (Baldwin Scholarship).doc 1
Resol (Baldwin Scholarship).doc 2 Section 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for
all purposes and are adopted as a part of the judgment and findings of the City Council. Section 8. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordained herein.
Section 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 10. If any provision of this Resolution
or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances
shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 11. It is officially found, determined,
and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered
at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 12. This Resolution shall be in force and effect from
and after its final passage. PASSED AND APPROVED on the 10th day of February, 2009. Mayor Pro Tem ATTEST: City Secretary (City Seal)
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: February 10, 2009 Department: City Manager Subject: Resolution No. 09-R-07 -Alamo Region Public Safety Shared Service Interlocal
Agreement BACKGROUND This Alamo Region Public Safety Shared Service Interlocal Agreement is among Schertz, San Antonio, Bexar County, and Bexar Metro 9-1-1 Network District and is for
a ten-year term. The Agreement establishes funding and general organizational structures for the acquisition of professional services, hardware, software, and equipment required for
the deployment of a regional public safety shared service. The shared services will include a computer aided dispatch subsystem associated with 9-1-1 emergency calls, a law enforcement
records management subsystem, fire/EMS records management subsystem, automated field reporting subsystem, mobile data subsystem, e-citation subsystem, and information sharing subsystem.
FISCAL IMPACT See attached Shared Service Annual Costs summary RECOMMENDATION Approve Resolution No. 09-R-07 ATTACHMENT Resolution No. 09-R-07, with Alamo Region Public Safety Shared
Service Interlocal Agreement attached as Exhibit A CCM Shared Service Agmt.doc
CCM Shared Service Agmt.doc
RESOLUTION NO. 09-R-07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ALAMO REGION PUBLIC SAFETY SHARED SERVICE INTERLOCAL AGREEMENT WITH THE CITY OF SAN
ANTONIO, BEXAR COUNTY, AND BEXAR METRO 9-1-1 NETWORK DISTRICT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”)
has determined that it is in the best interest of the City to enter into an Alamo Regional Public Safety Shared Service Interlocal Agreement with the City of San Antonio, Bexar County,
and Bexar Metro 9-1-1 Network District, relating to shared regional public safety services, hardware, software, and equipment; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver an Alamo Regional Public Safety Shared Service Interlocal Agreement
with the parties described therein in substantially the form set forth on Exhibit A. The City shall participate in the Shared Service described in the Agreement through the loan of,
and not the contribution of, appropriate City property or property licensed to or otherwise made available to the City, but the loaning of such property pursuant to the Agreement shall
in all events be subject to any restrictions imposed by law or contract on the City’s right to loan such property for such purpose. Section 2. The recitals contained in the preamble
hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid,
the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this
Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was
open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required
by Chapter 551, Texas Government Code, as amended. Resolution (Shared Service ILA).doc
Resolution (Shared Service ILA).doc Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day
of February, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
EXHIBIT A ALAMO REGIONAL PUBLIC SAFETY SHARED SERVICE INTERLOCAL AGREEMENT See attached Resolution (Shared Service ILA).doc A-1
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 10, 2009 Department: City Manager Subject: Resolution No. 09-R-08 -Antenna Tower Lease Agreement BACKGROUND The City’s
designated representative, Charmain
Sanchez, has negotiated a five-year telecommunications antennas lease (with three possible five-year extensions) with Sprint Spectrum, LP at the City’s water tank site at 1057 Live
Oak Road. FISCAL IMPACT Annual rental to be paid to the City in the amount of $24,000 in the first year, with annual increases (see Section 2(a) and 4 on Exhibit A to the Tower Lease
Agreement), plus a one-time capital recovery payment to the City of $6,000. RECOMMENDATION Approve Resolution No. 09-R-08 ATTACHMENT Resolution No. 09-R-08, with City of Schertz Tower
Lease Agreement attached as Exhibit A 50153023.1
RESOLUTION NO. 09-R-08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CITY OF SCHERTZ TOWER LEASE AGREEMENT WITH SPRINT SPECTRUM, LP, AND OTHER MATTERS
IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a
City of Schertz Tower Lease Agreement with Sprint Spectrum, LP, relating to telecommunications antennas to be placed on the City’s water tank of 1057 Live Oak Road; now, therefore, BE
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver a City of Schertz Tower Lease
Agreement with Sprint Spectrum, LP in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals
are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which
are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling
as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section
5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject
subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section
7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of February, 2009. CITY OF SCHERTZ, TEXAS Mayor
ATTEST: City Secretary (CITY SEAL) 50153025.1
EXHIBIT A CITY OF SCHERTZ TOWER LEASE AGREEMENT See attached 50153025.1 A-1
CITY OF SCHERTZ TOWER LEASE AGREEMENT This Tower Lease Agreement (this “Agreement”) is made this 10th day of February, 2009 between the City of Schertz, Texas, having a principal address
of 1400 Schertz Parkway, Schertz, Texas 78154, hereinafter called LESSOR, and Sprint Spectrum, LP, a Delaware limited partnership, having its principal offices at 6391 Sprint Parkway,
Overland Park, Kansas 66251-2650, hereinafter called LESSEE. WHEREAS, LESSOR is the owner of certain real property located at 1057 Live Oak Road in the City of Schertz, Guadalupe County,
Texas (the “Tower Site”), on which there is located a tower owned by LESSOR (the “Tower”), and LESSEE desires to lease a portion of such real property containing approximately 500 square
feet (25’ x 20’) (the “Leased Parcel”), together with certain positions on the Tower more fully described below and a right-of-way thereto as hereinafter described (the Leased Parcel,
such positions on the Tower and such right of way being hereinafter called the “Leased Property”). The Tower Site is more particularly described on Exhibit “A” attached hereto. The Leased
Property is more specifically described in, and substantially shown on, Exhibit “B” attached hereto and made a part hereof, as the same may be hereafter supplemented and amended by a
survey of the Leased Property obtained by LESSEE. LEASE AGREEMENT 1. Leased Property. LESSOR hereby leases to LESSEE the Leased Property, which includes (without limitation) (i) the
Leased Parcel described above, (ii) certain positions on the Tower as described below, and (iii) the grant of a non-exclusive right and easement during the term of this Agreement for
ingress and egress, twenty-four (24) hours a day, three hundred sixty-five (365) days per year on foot or by motor vehicle, including trucks, and for the installation and maintenance
of utility wires, cables, conduits, and pipes over, under, or along the right of way extending from the nearest public right of way, which is known as 1057 Live Oak Road to the Leased
Parcel, as such right-of-way is shown on Exhibit “B” hereto. Such access to the Leased Property shall be granted if the following procedures set forth by LESSOR are adhered to: (a) LESSEE
shall provide to LESSOR the combination or key(s) to LESSEE’s lock(s) at the Leased Property, (b) LESSEE shall designate in writing one or more technicians who will be responsible for
and shall have access to the Leased Property. The technicians shall be subject to a background check and the findings shall be made available to LESSOR, and (c) LESSEE shall contact
LESSOR’s Director of Public Works, Sam Willoughby (cell phone: 210/488-4203; e-mail: swilloughby@schertz.com) or Eber Bush (cell phone: 210/488-4204; e-mail: ebush@schertz.com) prior
to entering the Leased Property at any time. (LESSOR may designate other or additional persons in the future for such purposes.) LESSEE’s technician name, arrival time and location of
the Leased Property shall be provided to LESSOR’s designated representative at the Control Center. LESSEE shall have the right to install utilities, at LESSEE's expense, and to improve
then existing utilities on the Leased Property (including but not limited to the installation of emergency power generators). LESSOR shall cooperate with LESSEE in its effort to obtain
utility services along the aforementioned 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 1
right of way by signing such documents or easements as may be required by said utility companies. In the event any public utility is unable or unwilling to use the aforementioned right
of way LESSOR hereby agrees to grant an additional reasonable right-of-way either to LESSEE or to the public utility. Notwithstanding the previous paragraph, LESSOR shall have the right,
at LESSOR’s sole discretion, to develop, impose and enforce a comprehensive security plan for the LESSOR’s Tower Site that will restrict LESSEE’s access to LESSOR’s Tower Site and to
the Leased Property with reasonable notice to LESSEE’s specifically designated and LESSOR’s personnel and/or access only with LESSOR escorts. Such comprehensive security plan shall be
provided to LESSEE in writing within forty-eight (48) hours after its effective date. 2. Initial Term and Rental; Capital Recovery Charge. (a) This Agreement shall be for an initial
term of five (5) years beginning on the date on which LESSEE commences construction of its hereinafter defined Communications Facility at the Leased Property, or ninety (90) days after
execution of this Agreement by Lessor whichever occurs first (the “Commencement Date”), at an annual rental of Twenty-Four Thousand and No/100 Dollars ($24,000.00), adjusted as set forth
below, to be paid on the Commencement Date and thereafter annually on or before the anniversary of the Commencement Date during the term hereof, in advance, to LESSOR and made payable
to the “City of Schertz, Texas” or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least sixty (60) days in advance of any rental payment
due date. Rent shall increase annually on the anniversary of the Commencement Date by three percent (3%) over the Rent payable during the immediately preceding year. Annual Base Rent
– 3% annual increases Year 1 $24,000.00 Year 2 $24,720.00 Year 3 $25,461.60 Year 4 $26,225.45 Year 5 $27,012.21 (b) In addition to the annual rental, LESSEE shall pay LESSOR a one-time
non-recurring capital recovery charge of Six Thousand and No/100 Dollars ($6,000) to reimburse LESSOR for a portion of the cost of the power bank, coax entry ports, and antenna mounting
ring installed by the tank manufacturer at LESSOR’s request for the purpose of accommodating telecommunications equipment. 3. Extension of Term. LESSEE shall have the option to extend
the term of this Agreement for three (3) additional consecutive five (5) year periods. Each option for an extended term shall be deemed automatically exercised without notice by LESSEE
to LESSOR unless LESSEE gives LESSOR written notice of its intention not to exercise any such extension option at least six (6) months prior to the end of the then current term. If LESSEE
gives LESSOR written notice of its intention not to exercise any such option, the term of this Agreement shall expire at the end of the then current five year term. All references herein
to the term of this Agreement shall include the term as it is extended from time to time as provided in 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee
Site ID: SA25XC089A 2
this Agreement. 4. Extended Term Rental. The annual rental for the extended terms shall be as follows and shall increase annually on the first day of each calendar year according to
the following rent schedule: 1st Extended Term Annual Base Rent -4% annual increases Year 6 $28,092.73 Year 7 $29,216.44 Year 8 $30,385.10 Year 9 $31,600.50 Year 10 $32,864.52 2nd Extended
Term Annual Base Rent -5% annual increases Year 11 $34,507.75 Year 12 $36,233.13 Year 13 $38,044.79 Year 14 $39,947.03 Year 15 $41,944.38 3rd Extended Term Annual Base Rent -5% annual
increases Year 16 $44,041.60 Year 17 $46,243.68 Year 18 $48,555.86 Year 19 $50,983.66 Year 20 $53,532.84 The annual rental for the extended terms shall be payable in the same manner
as the annual rental for the Initial Term. 5. Use. (a) LESSEE shall use the Leased Property for the purpose of constructing, maintaining, and operating a communications facility (as
described in Section 5(b) (i), (ii), and (iii) below) and any and all uses incidental thereto, which may also include a security fence of chain link or comparable construction that may,
at the option of LESSEE, be placed around the perimeter of the Leased Parcel (collectively, the “Communications Facility”). LESSEE shall not replace, change, or add any of the equipment
listed on Exhibit “C” without LESSOR’s prior written consent. Such consent shall not be unreasonably conditioned, withheld or delayed. LESSOR grants LESSEE the right to use such portions
of LESSOR’s contiguous, adjoining or surrounding property as described on Exhibit “A” hereto (the “Surrounding Property”), as are reasonably required during construction and installation
of the Communications Facility. LESSEE shall maintain the Leased Property in a reasonable condition and shall be solely responsible for the repair and maintenance of all of LESSEE’s
improvements on the Leased 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 3
Property, excluding repair and maintenance due to the willful misconduct or negligence of LESSOR, its employees, agents, contractors, licensees, or lessees (other than LESSEE). (b) The
Leased Parcel and positions on the Tower shall be used for, and LESSOR agrees that LESSEE is authorized to perform, the construction, installation, maintenance and operation, all at
LESSEE’s sole expense, of the following improvements, radio or microwave equipment, antennas and other associated transmission lines and equipment: (i) Wireless antenna systems and associated
equipment to be mounted on the Tower and in the 149’ foot range on the Tower, such type of systems, equipment, and range as stipulated in the attached Exhibit “C” of this Agreement.
LESSOR additionally grants LESSEE the option for the future location of additional antenna or microwave on the Tower at an annual rental rate as stipulated in Exhibit “D” for each antenna
or microwave; (ii) A prefabricated equipment shelter or concrete pad not to exceed 500 square square feet (25’ x 20’) to be located on the Leased Parcel; and (iii) Flexible coaxial transmission
line between the Tower and the radio equipment located in the equipment shelter or outdoor equipment cabinet. (c) LESSEE must complete all construction within six (6) months after execution
of this Agreement, and LESSEE’s failure to complete all construction in the time prescribed in this section shall be grounds for LESSOR to terminate this Agreement. 6. Governmental Approvals.
LESSEE’s ability to use the Leased Property is contingent upon its obtaining and maintaining in effect all certificates, permits, licenses and other approvals that may be required by
any governmental authorities. LESSOR shall cooperate reasonably with LESSEE in its effort to obtain and maintain in effect such certificates, permits, licenses, and other approvals.
In furtherance thereof, LESSOR agrees to sign such papers as are required to file applications with the appropriate zoning authority and other governmental authorities for the the proper
zoning of the Leased Property and for other certificates, permits, licenses and approvals as are required for the use of the Leased Property as intended by LESSEE. LESSEE will perform
all other acts and bear all expenses associated with any zoning or other procedure necessary to obtain any certificate, permit, license, or approval for the Leased Property deemed necessary
by LESSEE. LESSOR agrees not to register any written or verbal opposition to any such procedures. If at any time during the term of this Agreement, LESSEE is unable to use the Leased
Property for LESSEE’s Communications Facility due to imposed zoning conditions or requirements, or in the event that any necessary certificate, permit, license, or approval is finally
rejected or any previously issued certificate, permit, license, or approval is canceled, expires, lapses, or is otherwise withdrawn or terminated by the applicable governmental authority,
or any structural analyses, subsurface boring tests, environmental inspections, radio frequency tests, or other investigations are found to be unsatisfactory so that LESSEE will be unable
to use the Leased Property for LESSEE’s Communications Facility, LESSEE shall have the right to terminate this Agreement by written notice to LESSOR. In such case, LESSOR shall retain
all rentals paid to LESSOR prior to the termination date. Upon such termination, LESSOR and LESSEE shall have no other further obligations to each other, other 50153059.1 Lessor Site
Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 4
than LESSEE’s obligation to remove its property as hereinafter provided. 7. Interference. (a) LESSOR acknowledges and agrees that it will not permit the installation of any additional
antennas or equipment on the Tower or at the Tower Site, or the relocation of any existing antennas or equipment installed on the Tower or at the Tower Site, if such installation or
relocation would adversely affect LESSEE’s space on the Tower or LESSEE’s operation, use, or enjoyment of its Communications Facility, taking into account customary and commercially
reasonable practices for multi-LESSEE wireless communication sites and towers thereon. (b) LESSOR shall not, and shall not permit any licensee, lessee, sub-lessee or other user of the
Tower (collectively, other than LESSEE, “Other Lessees”), to (i) install or change, alter or improve the frequency, power, or type of any communications equipment that interferes with
the operation of LESSEE’s Communications Facility or is not authorized by, or violates, applicable Laws (hereinafter defined) or is not made or installed in accordance with good engineering
practices, or (ii) implement a configuration which interferes with the operation of LESSEE’s Communications Facility. (c) In the event of any interference occurring at the Tower Site
as a result of any actions of LESSOR or any Other Lessees described in Section 7(b) above, LESSOR shall use commercially reasonable efforts to resolve any such interference problems,
including, without limitation, using its best efforts to correct and eliminate the interference within fortyeight (48) hours of receipt by LESSOR of notification from LESSEE and, if
requested by LESSOR, LESSEE shall perform at its expense an interference study in accordance with industry-standard procedures and practices. If interference is confirmed and the interference
cannot be corrected or eliminated within such 48-hour period, LESSOR shall cause any of LESSOR’s or its Other Lessees’ communications equipment that interferes with the operation of
LESSEE’s Communications Facility or LESSEE’s authorized frequency spectrum or signal strength, to be immediately powered down or turned off, with the right to turn such interfering equipment
back up or on only during off-peak hours specified by LESSEE in order to determine whether such interference continues or has been eliminated; provided, however, that if any interference
continues at the time the interfering equipment is powered down, the communications equipment that interferes with the operation of LESSEE’s Communications Facility shall be turned off.
If LESSOR or any such Other Lessee cannot correct or eliminate, to the reasonable satisfaction of LESSEE, such interference within twenty (20) days of receipt by LESSOR of written notice
from LESSEE, LESSOR shall or shall cause such Other Lessee to cease the operations of the objectionable communications equipment and to stop providing services from the Tower Site until
the interference problems are resolved; provided, however, that if LESSOR does not timely cease or cause such Other Lessee to cease such operations, LESSEE may elect to terminate this
Agreement by written notice to LESSOR, and LESSOR shall reimburse LESSEE for the pro-rata portion of prepaid rent for the remainder of such year. (d) LESSEE shall not (i) install or
change, alter or improve the frequency, power, or type of any communications equipment that interferes with the operation of LESSOR’s 50153059.1 Lessor Site Name: 1057 Live Oak Road
Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 5
or any existing Other Lessee’s existing communications equipment installed at the Tower Site or is not authorized by, or violates, applicable Laws or is not made or installed in accordance
with good engineering practices, or (ii) implement a configuration which interferes with the operation of LESSOR’s or any existing Other Lessee’s existing communications equipment installed
at the Tower Site. (e) In the event of any interference occurring at the Tower Site as a result of any actions of LESSEE described in Section 8(d) above, LESSEE shall be responsible
for coordinating and resolving any such interference problems caused by LESSEE, including, without limitation, using its best efforts to correct and eliminate the interference within
fortyeight (48) hours of receipt of notification from LESSOR. If the interference cannot be corrected or eliminated within such 48-hour period, LESSEE shall cause any of LESSEE’s communications
equipment that interferes with the operation of LESSOR’s or any Other Lessee’s communications equipment or their authorized frequency spectrum or signal strength, to be immediately powered
down or turned off, with the right to turn such interfering equipment back up or on only during off-peak hours specified by LESSOR in order to determine whether such interference continues
or has been eliminated; provided, however, that if any interference continues at the time the interfering equipment is powered down, the communications equipment that interferes with
the operation of LESSOR’s or any Other Lessee’s communications equipment shall be turned off. If LESSEE cannot correct or eliminate, to the satisfaction of LESSOR, such interference
within twenty (20) days of receipt of written notice from LESSOR, LESSEE shall cease the operations of the objectionable communications equipment and stop providing services from its
Communications Facility until the interference problems are resolved. If LESSEE determines that such interference cannot be corrected or eliminated by commercially reasonable measures,
then either LESSOR or LESSEE may elect to terminate this Agreement by written notice to the other. (f) As used herein, “Laws” means all federal, state, county, municipal and other governmental
constitutions, statutes, ordinances, codes, regulations, resolutions, rules, requirements and directives and all decisions, judgments, writs, injunctions, orders, decrees or demands
of courts, administrative bodies and other authorities (including, without limitation, the Federal Communications Commission) construing any of the foregoing. 8. Maintenance and Repair.
(a) LESSOR represents and warrants that its operation of the Tower and the Tower Site (exclusive of LESSEE’s Communications Facility), including the lighting systems, meets and will
be maintained in accordance with all applicable laws, rules and regulations, including, without limitation, rules and regulations of the Federal Communications Commission (“FCC”), Federal
Aviation Administration (“FAA”) and all applicable local codes and regulations. Specifically, LESSOR has complied with all tower registration, marking, and lighting requirements of the
FCC and FAA. LESSOR shall maintain the Tower and Tower Site, including the lighting systems and LESSOR’s antennas, transmission lines, equipment and buildings, in good operating condition.
LESSEE is solely responsible for the licensing, operation, and maintenance of LESSEE’s Communication Facility, including, without limitation, compliance with any terms of its FCC license.
50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 6
(b) The costs of maintaining the Tower and the Tower Site (exclusive of LESSEE’s Communication Facility) shall be borne by LESSOR or a party other than LESSEE. 9. Taxes. LESSEE shall
be responsible for making any necessary returns for and paying any and all personal property taxes separately levied or assessed against LESSOR or LESSEE relating to LESSEE’s interest
in the Leased Property or LESSEE’s facilities or the improvements constructed or installed by LESSEE on the Leased Property. Taxes are not to be considered as additional rent, but rather
as reimbursement to LESSOR and to be separately billed. LESSEE shall pay for any documented increase in ad valorem real estate taxes levied against the Leased Property which are directly
attributable to the improvements constructed by LESSEE on the Leased Property and are not separately levied or assessed by the taxing authorities against LESSEE or the improvements of
LESSEE. LESSOR shall pay all other ad valorem real property taxes levied against the Leased Property on or before the date such taxes become delinquent. LESSOR hereby agrees that if
the taxes which are levied against LESSOR and LESSEE’s improvements on LESSOR’s property are incorrectly assessed, LESSEE maintains the right to appeal the tax assessment to the appropriate
governmental authority, which appeal shall be paid for by LESSEE. 10. Insurance. (a) LESSEE agrees to secure, at its sole cost and expense, prior to commencing any activities under this
Agreement, and to maintain, with respect to the Leased Property from the execution date of this Agreement and for the duration of this Agreement and any extensions thereof, a policy
or policies of insurance, with companies admitted to do business in the State of Texas, in the following types and amounts: (i) covering its personal property located on the Leased Property
and LESSEE’s improvements to the Leased Property, providing protection against any peril included under insurance industry practices within the classification “fire and extended coverage,”
providing protection as deemed desirable by LESSEE with respect to its personal property and to the full insurable value of LESSEE’s improvements; (ii) commercial general liability insurance
with minimum limits of $1,000,000 for injury to or death of one or more persons in any one occurrence and $2,000,000 for damage to or destruction of properties in any one occurrence;
and (iii) Worker’s Compensation and Employer’s Liability insurance with minimum limits of $500,000 in any one occurrence. (b) LESSEE further agrees that with respect to the above required
insurances, the LESSOR shall be named as an additional insured as its interest may appear in regards to the aforementioned general liability insurance policy and shall furnish LESSOR
with a certificate of insurance prior to the commencement of this Agreement and thereafter, with certificates evidencing renewals or replacements of said policies of insurance at least
thirty (30) days prior to the expiration or cancellation of such policy. Said notices and Certificates of Insurance shall be provided to the LESSOR. Alternatively, LESSEE will have the
option of providing the requesting party with a Uniform Resource Locator (“URL”) link to access LESSEE’s Memorandum of Insurance website. (c) LESSOR shall be provided with a Waiver of
Subrogation, but only as it pertains to Workers Compensation and Employers Liability. 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A
7
11. Self-Insurance. LESSEE shall have the right to self-insure with respect to any of the above insurance requirements. LESSEE shall provide LESSOR with evidence satisfactory to LESSOR
in its sole discretion of the adequacy of such self-insurance. 12. Indemnification. (a) NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS LIMITING IN ANY WAY THE EXTENT TO WHICH LESSEE
MAY BE HELD RESPONSIBLE FOR PAYMENTS OF DAMAGES TO PERSONS OR PROPERTY RESULTING FROM LESSEE’S ACTIVITIES OR THE ACTIVITIES OF LESSEE’S EMPLOYEES, REPRESENTATIVES, SUB-LESSEES, ASSIGNEES,
AGENTS, VOLUNTEERS, OR INVITEES UNDER THIS AGREEMENT. (b) ALL PERSONAL PROPERTY PLACED IN THE LEASED PROPERTY SHALL BE AT THE SOLE RISK OF LESSEE. LESSOR SHALL NOT BE LIABLE AND LESSEE
WAIVES ALL CLAIMS FOR ANY DAMAGE EITHER TO THE PERSON OR PROPERTY OF LESSEE OR TO OTHER PERSONS DUE TO THE LEASED PROPERTY OR ANY PART OR APPURTENANCES THEREOF BECOMING OUT OF REPAIR
OR ARISING FROM BURSTING OR LEAKING OF WATER, GAS, WASTE PIPES, OR DEFECTIVE WIRING OR EXCESSIVE OR OR DEFICIENT ELECTRICAL CURRENT; OR FROM ANY ACT OR OMISSION OF LESSEE’S EMPLOYEES,
CO-LESSEES, OR OTHER OCCUPANTS OF THE LEASED PROPERTY OR ANY OTHER PERSONS, DUE TO THE HAPPENING OF ANY ACCIDENT IN OR ABOUT SAID PROPERTY UNLESS SUCH DAMAGE IS PROVEN BY FINAL ORDER
OF A COURT OF COMPETENT JURISDICTION TO HAVE BEEN CAUSED BY THE LESSOR’S SOLE ACTIVE NEGLIGENCE. LESSEE SHALL SAVE AND HOLD HARMLESS LESSOR FROM ANY CLAIM ARISING OUT OF DAMAGE TO LESSEE’S
PROPERTY OR DAMAGE TO LESSEE’S BUSINESS, INCLUDING SUBROGATION CLAIMS BY LESSEE’S INSURERS, UNLESS SUCH DAMAGE IS PROVEN TO HAVE BEEN CAUSED BY THE LESSOR’S SOLE ACTIVE NEGLIGENCE. (c)
DURING THE PERIOD OF ANY CONSTRUCTION, REPAIRS, ALTERATION, ADDITIONS, OR RECONSTRUCTION IN, ON, OR ABOUT THE LEASED PROPERTY BY LESSEE, ITS CONTRACTORS, OR SUBCONTRACTORS, LESSEE AGREES,
AT LESSEE’S SOLE COST AND EXPENSE, TO OBTAIN AND MAINTAIN BUILDER’S RISK INSURANCE AND WORKERS’ COMPENSATION INSURANCE ADEQUATE TO FULLY PROTECT LESSOR AS WELL AS LESSEE, FROM AND AGAINST
ANY AND ALL LIABILITY FOR DEATH OF OR INJURY TO PERSONS OR DAMAGE TO PROPERTY CAUSED IN OR ABOUT OR BY REASON OF SUCH CONSTRUCTION REFERENCED HEREIN AND IN SECTION 5, UNLESS CAUSED BY
THE LESSOR’S SOLE ACTIVE NEGLIGENCE. (d) LESSEE COVENANTS AND AGREES TO INDEMNIFY AND SAVE HARMLESS THE LESSOR, ITS AGENTS, SERVANTS, OFFICERS, EMPLOYEES, AND CONTRACTORS, THEIR SUCCESSORS
AND ASSIGNS, 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 8
INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST
ALL LIABILITY FOR ANY AND ALL FINES, CLAIMS, LIENS, DAMAGES, EXPENSES, FEES, PENALTIES, PROCEEDINGS, SUITS, DEMANDS, ACTIONS OR CAUSES OF ACTION OF ANY KIND AND NATURE INCLUDING, BUT
NOT LIMITED TO, PERSONAL INJURY OR DEATH AND PROPERTY DAMAGE, IN ANY WAY ARISING OUT OF OR RESULTING FROM ANY PERFORMANCE OR NON-PERFORMANCE OF ANY ACTIVITY OR OPERATION OF LESSEE IN,
ON OR ABOUT THE LEASED PROPERTY OR IN CONNECTION WITH LESSEE’S USE OF THE LEASED PROPERTY, OR FROM ANY CONDITION OF SAID LEASED PROPERTY CAUSED BY LESSEE, ITS EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OF ITS CONTRACTORS OR ITS SUBCONTRACTORS ASSIGNEES, SUBLESSEES, OR BY REASON OF ANY BREACH, VIOLATION OF NON-PERFORMANCE OF ANY COVENANT OR CONDITION
HEREOF ON THE PART OF LESSEE, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OF ITS CONTRACTORS OR SUBCONTRACTORS, ASSIGNEES, SUBLESSEES UNDER THIS AGREEMENT,
UNLESS CAUSED BY THE LESSOR’S SOLE ACTIVE NEGLIGENCE; AND SUCH INDEMNITY SHALL APPLY EVEN WHERE ANY SUCH FINES, CLAIMS, LIENS, DAMAGES, EXPENSES, FEES, PENALTIES, PROCEEDINGS, SUITS,
DEMANDS, ACTIONS, CAUSES OF ACTIONS, OR LIABILITY ARISE IN ANY PART FROM THE NEGLIGENCE OF LESSOR, AS LESSOR, UNDER THIS AGREEMENT. IT IS THE EXPRESS INTENTION OF LESSOR AND LESSEE THAT
THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY LESSEE TO INDEMNIFY AND PROTECT LESSOR FROM THE CONSEQUENCES OF LESSOR’S OWN NEGLIGENCE, WITHOUT LIMIT AND WITHOUT REGARD TO
THE CAUSE OR CAUSES THEREOF, OR THE NEGLIGENCE, CONTINGENT OR OTHERWISE, RELATED TO OR ARISING OUT OF LESSEE’S ACTIVITIES UNDER THIS AGREEMENT; AND LESSEE SHALL SEE TO THE INVESTIGATION
OF AND DEFENSE OF ANY SUCH CLAIM OR DEMAND, INCLUDING, BUT NOT LIMITED TO, THE PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. FURTHER, LESSEE HEREBY INDEMNIFIES AND AGREES TO HOLD LESSOR
HARMLESS FROM ANY CLAIM AGAINST LESSOR BY REASON OF THE INSTALLATION, OPERATION, MAINTENANCE, OR REMOVAL OF LESSEE’S EQUIPMENT AS SET SET FORTH UNDER THE TERMS OF THIS AGREEMENT, UNLESS
CAUSED BY LESSOR’S SOLE ACTIVE NEGLIGENCE. (e) AS USED HEREIN, LESSOR SHALL INCLUDE ITS EMPLOYEES, AGENTS, SERVANTS, OFFICIALS OR CONTRACTORS. 13. Sale of Leased Property. If LESSOR,
at any time during the initial or any extended term of this Agreement, decides to sell, subdivide or rezone any of the Leased Property, the Tower or any part of LESSOR’s Surrounding
Property utilized by LESSEE pursuant to this Agreement, to a purchaser other than LESSEE, LESSOR shall promptly notify LESSEE in writing, and such sale, subdivision or rezoning shall
be subject to this Agreement and LESSEE’s rights hereunder. LESSOR shall not initiate or consent to any change in the zoning of the Leased Property or LESSOR’s Surrounding Property utilized
by LESSEE pursuant 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 9
to this Agreement or impose or consent to any other restriction that would prevent or limit LESSEE from using the Leased Property as set forth in this Agreement. LESSOR agrees not to
sell, lease or use any areas of LESSOR’s Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation
or maintenance will interfere with LESSEE’s facilities or communications equipment as determined by radio propagation tests performed by LESSEE in its reasonable discretion. LESSEE and
LESSOR (or LESSOR’s prospective purchaser) shall share the cost of such testing equally. If the radio frequency propagation tests demonstrate levels of interference unacceptable, in
accordance with accepted industry standards, LESSOR shall be prohibited from selling, leasing or using any areas of LESSOR’s Surrounding Property for purposes of any installation, operation
or maintenance of any other wireless communications facility or equipment. LESSOR shall not be prohibited from the selling, leasing or use of any of LESSOR’s Surrounding Property for
nonwireless communication use. The provisions of this Section 13 shall in no way limit or impair the obligations of LESSOR under Section 7 above. 14. Assignment; Sublease. (a) LESSEE
shall not transfer or assign this Agreement or LESSEE’S interest in or to the Leased Property or any part thereof without having first obtained the prior written consent of LESSOR, provided,
however, that the foregoing shall not apply to and shall not prevent the assignment of this Agreement to an affiliate of LESSEE or to any entity with which LESSEE may merge or consolidate
or which may succeed to a controlling interest in the business of LESSEE. LESSEE shall provide LESSOR with prior written notice of any such proposed assignment and shall provide LESSOR
with evidence satisfactory to LESSOR that such assignment satisfies the requirements of the preceding sentence. Notwithstanding the foregoing and for so long as any pledge or collateral
assignment of LESSEE'S interest in the Agreement shall be by instrument substantially in such form as shall have previously been approved by LESSOR, the consent of LESSOR to such pledge
or collateral assignment may be given by LESSOR. (b) LESSEE shall not sublet the Leased Property herein leased or any part thereof without having first obtained the written consent of
LESSOR. In the event LESSEE requests permission to sublease, the request shall be submitted to LESSOR at least thirty (30) days prior to the proposed effective date of the sublease requested
and shall be accompanied by a copy of the proposed sublease agreements and of all agreements collateral thereto. The identity of the sublessee, the area or space to be subleased, the
rental to be charged, the type of business to be conducted, reasonable financial history, and all other information requested by LESSOR shall be specified. LESSEE shall not sublease
an aggregate total of more than 50% of the Leased Property. If such limit is exceeded, LESSOR shall have the right, upon thirty (30) days written notice, to recapture the space described
in the sublease, and terminate the entire Agreement on the expiration of such thirty (30) day period. (c) In the event of a sublease where the rental value established in the sublease
exceeds the rental value established in the Agreement, LESSEE shall pay to LESSOR as additional rent the excess of the rental received from the sublessee over that specified to be paid
by LESSEE herein, provided that LESSEE may charge a reasonable fee for administrative costs in addition to the sublease rental not to exceed 15% of the specified sublease rental. Such
50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 10
15% shall not be considered as excess rental. Nothing herein shall prevent LESSEE from charging a reasonable fee to others for the use of capital equipment and facilities on the subleased
premises and charging for use of utilities and other services being paid for by LESSEE. The provisions of this paragraph will apply if the rental received for the proportionate area
of the Leased Property by LESSEE exceeds the rental paid to LESSOR for said proportionate area of the Leased Property. (d) Each transfer, assignment or subletting to which there has
been consent by LESSOR shall be by instrument in writing, in form satisfactory to LESSOR, and shall be executed by the transferee, assignee, or sublessee who shall agree in writing for
the benefit of LESSOR to be bound by and to perform the terms, covenants, and conditions of this Agreement. Three (3) executed copies of such written instrument shall be delivered to
LESSOR. Failure to first obtain in writing LESSOR’s consent or failure to comply with the provisions herein contained shall operate to prevent any such transfer, assignment, or subletting
from becoming effective. (e) Should there be an assignment of this Agreement pursuant to the terms of Section 14 (a) of this Agreement, and to the extent that such assignee assumes LESSEE's
obligations hereunder, LESSEE shall by virtue of such assignment be released from such obligation. Should the subletting of the Leased Property be approved by LESSOR, however, LESSEE
agrees and acknowledges that LESSEE shall remain fully and primarily liable under this Agreement, notwithstanding any such sublease and that any such sublessee shall be required to attorn
to LESSOR under the terms of this Agreement. (f) The receipt by LESSOR of rent from an assignee, sublessee, or occupant of the Leased Property shall not be deemed a waiver of the covenant
in this Agreement against assignment and subletting or an acceptance of the assignee, sublessee, or occupant as a LESSEE or a release of LESSEE from further observance or performance
by LESSEE of the covenants contained in this Agreement. No provision of this Agreement shall be deemed to have been waived by LESSOR unless such waiver is in writing, signed by LESSOR.
15. Casualty. (a) If LESSEE’s Communications Facility or improvements are damaged or destroyed, in whole or in part, by fire or other casualty, LESSEE shall not be required to repair
or replace the Communications Facility or any of LESSEE’s improvements made by LESSEE, and LESSEE may terminate this Agreement by giving written notice to LESSOR. Termination shall be
effective immediately after such notice is given. Upon such termination, this Agreement shall become null and void, and LESSOR and LESSEE shall have no other further obligations to each
other hereunder, other than LESSEE’s obligation to remove its property as hereinafter provided. (b) In the event the Tower (excluding any damage the repair of which is required to be
completed by LESSEE’s of the Tower) is damaged to the extent of twenty-five percent (25%) or more of the cost of replacement thereof (whether or not the Leased Property is damaged) and
such damage (i) occurs during the last two years of the Term (taking into account 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A
11
any extensions of the Term by LESSEE in accordance with the terms of this Agreement), or (ii) in the reasonable judgment of LESSOR, cannot reasonably be repaired or restored within a
period of one hundred and eighty (180) days following commencement of such repair or restoration using standard working methods and procedures, or (iii) is not, or would not have been,
covered by a standard fire and extended coverage insurance policy, or (iv) is compensable with insurance proceeds all or a significant portion of which is required to be paid to LESSOR’s
mortgagee in reduction of the indebtedness secured by any Mortgage encumbering the Tower or Tower Site, LESSOR shall have the right and option, in its sole discretion, to terminate this
Agreement upon the delivery of notice thereof to LESSEE within ninety (90) days after the occurrence of such damage or destruction. If such notice is given, LESSOR agrees to use its
reasonable efforts to permit LESSEE to place temporary transmission facilities at an alternative location acceptable to LESSEE until such time as LESSEE is able to secure a replacement
transmission location for the Leased Property. If LESSOR elects to rebuild the Tower, LESSOR agrees to use its reasonable efforts to permit LESSEE to place temporary transmission facilities
at an alternative location acceptable to LESSEE until such time as the rebuilding is completed. In any case, LESSEE agrees that it will use its reasonable efforts to avoid interfering
with LESSOR’s efforts to rebuild the Tower. If, for any reason, LESSOR does not complete the rebuilding within two hundred and seventy (270) days after the occurrence of such damage
or destruction, LESSEE shall have the right and option, in its sole discretion, to terminate this Agreement upon the delivery of written notice thereof to LESSOR. 16. Hazardous Substances.
LESSOR warrants, represents and agrees that (i) to the best of LESSOR’s knowledge, no third party has used, generated, stored, or disposed of any Hazardous Materials in, on or under
the Leased Leased Property, and (ii) LESSOR will use commercially reasonable efforts not to permit any third party to use, generate, store, or dispose of any Hazardous Materials in,
on, or under the Tower Site in violation of any law or regulation. “Hazardous Materials” shall mean petroleum or any petroleum product, asbestos, and any other substance, chemical, or
waste that is identified as hazardous, toxic, or dangerous in any applicable Federal, State, or Local law, rule, regulation, order, or ordinance. LESSEE acknowledges and agrees that
LESSOR and LESSOR’s predecessors have used and maintained, and LESSOR shall continue to use and maintain on LESSOR’s Property, the chemicals and substances, specifically Chlorine, a
known Hazardous Material, that LESSOR uses to treat water and maintain its water production, treatment, and storage facilities thereon. LESSEE agrees that it will not use, generate,
store, or dispose of any Hazardous Materials in, on, or under the Leased Property in violation of any law or regulation. LESSEE SHALL INDEMNIFY, DEFEND AND HOLD LESSOR HARMLESS FROM
ANY AND ALL CLAIMS, DAMAGES, FINES, JUDGMENTS, PENALTIES, COSTS, LIABILITIES OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY AND ALL SUMS PAID FOR SETTLEMENT OF CLAIMS, ATTORNEY’S FEES
AND CONSULTANT’S AND EXPERT’S FEES) RESULTING FROM THE PRESENCE OR RELEASE OF ANY HAZARDOUS MATERIALS ON THE LEASED PROPERTY IF CAUSED BY LESSEE OR PERSONS ACTING UNDER LESSEE. TO THE
EXTENT PERMITTED BY LAW, LESSOR SHALL INDEMNIFY AND DEFEND ANY BREACH OF LESSOR’S REPRESENTATIONS AND WARRANTY SET FORTH ABOVE, AND HOLD LESSEE HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES,
FINES, JUDGMENTS, PENALTIES, COSTS, LIABILITIES OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY AND ALL SUMS PAID FOR SETTLEMENT OF CLAIMS, ATTORNEY’S FEES AND CONSULTANT’S AND EXPERT’S
FEES) RESULTING FROM (I) THE PRESENCE OR RELEASE OF ANY HAZARDOUS MATERIALS ON THE 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A
12
LEASED PROPERTY OR LESSOR’S SURROUNDING PROPERTY UNLESS CAUSED BY LESSEE OR PERSONS ACTING UNDER LESSEE, OR (II) ANY BREACH OF ANY REPRESENTATION OR WARRANTY OF LESSOR CONTAINED IN THIS
SECTION 16. This Agreement shall, in addition to any other right or remedy available hereunder or at law or equity, at the option of LESSEE, terminate and be of no further force or effect
if Hazardous Materials are discovered to exist on the Leased Property or LESSOR’s Surrounding Property through no fault of LESSEE after LESSEE takes possession of the Leased Property,
and LESSEE shall be entitled to a refund of all the consideration paid in advance to LESSOR under this Agreement. 17. Default and Opportunity to Cure. (a) If LESSEE should fail to pay
any rental or other amounts payable under this Agreement when due, prior to exercising any rights or remedies against LESSEE on account thereof, LESSOR shall first provide LESSEE with
written notice specifying the nature of the failure and provide LESSEE with a five (5) day period (for failure to pay rent) or a thirty (30) day period (for other failures hereunder)
following LESSEE’s receipt of such notice to cure such failure. If LESSEE should fail to perform any other of the covenants, terms, or conditions of this Agreement, prior to exercising
any rights or remedies against LESSEE on account thereof, LESSOR shall first provide LESSEE with written notice specifying the nature of the failure and provide LESSEE with a thirty
(30) day period following LESSEE’s receipt of such notice to cure such failure. If the failure is not a failure to pay rental or any other sum of money hereunder and is not capable of
being cured within such thirty (30) day period, LESSEE shall be afforded a reasonable period of time following LESSEE’s receipt of notice to cure the failure, provided that LESSEE promptly
commences curing the failure after receipt of the notice and prosecutes the cure to completion with due diligence. (b) In the event that LESSEE is in default of its obligations described
in the first sentence in paragraph (a) above and such default continues for five (5) days (for failure to pay rent) or for thirty (30) days (for other failures hereunder) after receipt
of written notice from LESSOR, LESSOR may, at its option and in any addition to any other right or remedy available hereunder, or at law or equity, terminate this Agreement pursuant
to Section 20(c)(i). (c) In the event that LESSEE is in default of its obligations described in the second sentence in paragraph (a) above and such default continues for thirty (30)
days after receipt of written notice from LESSOR, LESSOR may, at its option and in any addition to any other right or remedy available hereunder, or at law or equity, incur reasonable
expenses necessary to perform the obligation of LESSEE specified in such notice, and any amount paid by LESSOR in so doing shall be deemed paid for the account of LESSEE, and LESSEE
hereby agrees to reimburse LESSOR therefore on request by LESSOR. (d) In the event that LESSOR is in default of its obligations hereunder and such default continues for thirty (30) days
after receipt of written notice from LESSEE, LESSEE may, at its option and in any addition to any other right or remedy available hereunder, or at law or equity, incur reasonable expenses
necessary to perform the obligation of LESSOR specified in such notice, and any amount paid by LESSEE in so doing shall be deemed paid for the account of LESSOR, and LESSOR hereby agrees
to reimburse LESSEE therefore, and LESSEE may set 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 13
off from rent or other amounts due hereunder any reasonable amount expended by LESSEE as a result of such default. 18. Waiver of Incidental and Consequential Damages. Except as set forth
in Section 12, in no event will the parties to this Agreement be liable to each other, or to any third party claiming through or on behalf of LESSOR or LESSEE, for any indirect, special,
incidental or consequential damages, including without limitation, lost profits or revenues arising from breach of this Agreement or otherwise. 19. Notices. Except as otherwise provided
herein, any notices or demands which are required by law or provided under the terms of this Agreement shall be given or made by LESSOR or LESSEE in writing and shall be given by hand
delivery, or sent via certified or registered mail, with postage prepaid and return receipt requested, or by a national overnight receipted delivery service which provides signed acknowledgments
of receipt (including Federal Express, UPS, Emery, Purolator, DHL, Airborne and other similar couriers delivery services), and addressed to the respective parties set forth below. Such
notices shall be deemed to have been given when delivered. Every notice, demand, or request hereunder shall be sent to the addresses listed below: If to LESSOR: City of Schertz, Texas
1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager With a contemporaneous copy to: Michael Spain Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2200 San Antonio, TX
78205 If to LESSEE: Sprint Nextel Property Services Mailstop: KSOPHT 010-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 With a contemporaneous copy to: Sprint Nextel law Department
Mailstop: KSOPHT 010-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2650 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 14
Rejection or refusal to accept delivery of any notice, or the inability to deliver any notice because of a changed address of which no notice was given, shall be deemed to be receipt
of any such notice. 20. Termination. (a) Notwithstanding any other termination rights available to LESSEE under this Agreement, LESSEE, at its sole and absolute discretion, shall have
the right to terminate this Agreement with ninety (90) days prior written notice to LESSOR and a lump sum payment to LESSOR in an amount equal to twelve (12) months’ rent at the rental
rate(s) applicable to the twelve (12) months after the effective date of such termination. At termination, LESSEE shall execute upon the request of LESSOR a written cancellation of this
Agreement vacating the Leased Property in recordable form and LESSEE shall have no other further obligations, other than LESSEE’s obligation to remove its property as hereinafter provided.
(b) In addition to and in not limitation of any other provisions of this Agreement, LESSEE shall have the right, exercisable by at least ten (10) days prior written notice thereof to
LESSOR, to terminate this Agreement upon occurrence of one or more of the following events: (i) if LESSOR shall violate or breach, or shall fail fully and completely to observe, keep,
satisfy, perform and comply with, any agreement, term, representation, warranty, covenant, and shall not cure such violation, breach or failure within thirty (30) days after LESSEE gives
LESSOR written notice thereof, or, if such failure shall be incapable of cure within thirty (30) days, if LESSOR shall not commence to cure such failure within such thirty (30) day period
and continuously prosecute the performance of the same to completion with due diligence; or (ii) the commencement by LESSOR of a voluntary case under the federal bankruptcy laws, as
now constituted or hereafter amended, or the consent by LESSOR to or acquiescence in the appointment of a receiver, liquidator, assignee, trustee, custodian, (or other similar official)
of any substantial part of the property of LESSOR, or to the taking of possession of any such property by any such functionary or the making of an any assignment for the benefit of creditors
by LESSOR; or (iii) if LESSEE determines that the Tower Site and the Tower are not reasonably appropriate for economic or technological reasons; or (iv) as otherwise provided in this
Agreement. (c) In addition to and in not limitation of any other provisions of this Agreement, LESSOR shall have the right, exercisable by at least ten (10) days prior written notice
thereof to LESSEE, to terminate this Agreement upon occurrence of one or more of the following events: (i) if LESSEE shall fail to pay any rental or other amounts payable 50153059.1
Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 15
hereunder within five (5) days after LESSOR gives LESSEE written notice thereof; or (ii) if LESSEE shall violate or breach, or shall fail fully and completely to observe, keep, satisfy,
perform and comply with, any other agreement, term, representation, warranty, covenant contained in this Agreement, and shall not cure such violation, breach, or failure within thirty
(30) days after LESSOR gives LESSEE written notice thereof, or, if such failure shall be incapable of cure within thirty (30) days, if LESSEE shall not commence to cure such failure
within such thirty (30) day period and continuously prosecute the performance of the same to completion with due diligence; or (iii) the commencement by LESSEE of a voluntary case under
the federal bankruptcy laws, as now constituted or hereafter amended, or the consent by LESSEE to or acquiescence in the appointment of a receiver, liquidator, assignee, trustee, custodian,
(or other similar official) of any substantial part of the property of LESSEE, or to the taking of possession of any such property by any such functionary or the making of an any assignment
for the benefit of creditors by LESSEE; or (iv) as otherwise provided in this Agreement. 21. Removal of Improvements. Title to all improvements constructed or installed by LESSEE on
the Leased Property shall remain with LESSEE, and all improvements constructed or installed by LESSEE shall at all times be and remain the property of LESSEE, regardless of whether such
improvements are attached or affixed to the Leased Property. Furthermore, all improvements constructed or installed by LESSEE shall be removable and shall be removed by LESSEE at the
expiration or earlier termination of this Agreement, provided LESSEE shall not at such time be in default under any covenant or agreement contained in this Agreement. LESSEE, upon termination
of this Agreement, shall, within ninety (90) days, remove all improvements, fixtures and personal property constructed or installed on the Leased Property by LESSEE and restore the Leased
Property to substantially the same condition as when received, reasonable wear and tear and damage by insured casualty excepted. LESSEE shall not be required to remove any foundations,
driveways, or underground cables or wires. If such removal causes LESSEE to remain on the Leased Property after termination of this Agreement, LESSEE shall pay rent at the then existing
monthly rate, or on the existing monthly pro rata basis if based upon a longer payment term, until such time as the removal is completed. 22. Entire Agreement/Amendment. This Agreement
cannot be modified except by a written modification executed by LESSOR and LESSEE in the same manner as this Agreement is executed. The headings, captions and numbers in this Agreement
are solely for convenience and shall not be considered in construing or interpreting any provision in this Agreement. Wherever appropriate in this Agreement, personal pronouns shall
be deemed to include other genders and the singular to include the plural, if applicable. This Agreement contains all agreements, promises and understandings between LESSOR and LESSEE,
and no verbal or oral agreements, promises, statements, assertions or representations by LESSOR or LESSEE or any employees, agents, contractors or other representatives of either, shall
be binding upon LESSOR or LESSEE. 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 16
23. Contractual Limitations Period. No action or proceeding may be maintained or brought against any party to this Agreement unless such action or proceeding is commenced within twenty-four
(24) months after the cause of action accrued unless such cause of action could not have reasonably been discovered by such party. 24. RF Emissions. (a) LESSEE shall have the right to
place electromagnetic energy warning signs on or about the Leased Property and proximate to its Communications Facility and equipment and to restrict access to its Communications Facility
so long as LESSOR’s and Other Lessees’ designated representatives are not prohibited from access to the Tower Site and the Surrounding Property and such warning signs are in compliance
with applicable law. (b) LESSOR shall and shall require each Other Lessee to operate their respective equipment, if applicable, in compliance with all laws and regulations governing
radio frequency energy emissions (the “RF Emissions Regulations”). LESSOR agrees that it shall, and shall require all potential or actual Other Lessee’s that locate and operate transmitting
equipment at the Tower Site to agree that if the Tower Site fails to meet the RF Emissions Regulations, or would fail by the addition or modification of the equipment at the Tower Site,
to comply with the RF Emissions Regulations at any time during the term of this Agreement, then the existing or prospective Other Lessee at the Tower Site causing or who would cause
such failure, shall promptly take commercially reasonable steps to bring the Tower Site into compliance, including preparation and filing of any required environmental assessments and
modifications of its equipment. 25. Security Interest. It is the express intent of the parties to this Agreement that LESSOR has no lien or security interest whatsoever in any personal
property of LESSEE, and, to the extent that any applicable statute, code, or law grants LESSOR any lien or security interest, LESSOR hereby expressly waives any rights thereto. 26. Governing
Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe
County, Texas. 27. Attorney’s Fees. Other than with respect to alleged non-payment of rent by LESSEE, LESSOR and LESSEE agree that they shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“disputes”) to an alternate dispute resolution
process before filing a suit concerning this Agreement. In any proceeding which either party may prosecute to enforce
its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees. 28. Surveys. LESSOR hereby grants to LESSEE
the right to survey the Leased Property and LESSOR’s Surrounding Property, and the legal description of the Leased Property on the survey obtained by LESSEE shall then be added to and
incorporated into Exhibit “B” of this Agreement, and shall control in the event of discrepancies between it and any 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name:
Schertz WT Lessee Site ID: SA25XC089A 17
preliminary description of the Leased Property shown on Exhibit “B”. 29. Confidentiality. To the extent permitted by law, LESSOR agrees not to discuss publicly, advertise, nor publish
in any newspaper, journal, periodical, magazine or other form of mass media, the terms or conditions of this Agreement. Doing so shall constitute a default under this Agreement. It is
agreed that the parties to this Agreement will not discuss the terms and conditions contained herein with any unrelated third parties, other than the real estate brokers or agents involved
in this transaction and the parties’ respective accountants and legal counsel (who shall be bound by the same confidentiality requirements). 30. Binding Effect. The covenants and agreements
herein contained shall inure to the benefit of and be binding upon the parties hereto, their respective legal representatives, successors, and assigns, and if there shall be more than
one party designated as the LESSEE in this Agreement, they shall each be bound jointly and severally hereunder. 31. Counterparts. This Agreement may be executed in several counterparts,
each of which shall constitute an original and all of which shall constitute the same agreement. 32. Authority. The signer of this Agreement for the LESSEE hereby represents and warrants
that he or she has full authority to execute this Agreement on behalf of the LESSEE. [SIGNATURES ON FOLLOWING PAGE] 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name:
Schertz WT Lessee Site ID: SA25XC089A 18
IN WITNESS WHEREOF, the parties have executed this Tower Lease Agreement as of the day and year first above written. LESSOR: CITY OF SCHERTZ, TEXAS By: Printed Name: Don Taylor Its:
City Manager Date February 10, 2009 LESSEE: SPRINT SPECTRUM, LP By:_______________________, its general partner By: Printed Name: Richard Gonzales Its: Site Development Manager Date:
February 10, 2009 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 19
EXHIBIT “A” Description of Tower Site 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 20
EXHIBIT “B” Description of Leased Property An approximately 500 square feet (25’ x 20’) portion out of a tract of land, together with easements for ingress, egress and utilities legally
described as follows and depicted on the site sketch attached hereto: Notes: 1. This Exhibit may be supplemented by a land survey of the Leased Property once it is received by Lessee.
2. Width of access road shall be the width required by the applicable governmental authorities and utility providers, including police and fire departments. 50153059.1 Lessor Site Name:
1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 21
EXHIBIT “C” Description of LESSEE’s Communications Equipment 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 22
EXHIBIT “C” page 2 50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 23
50153059.1 Lessor Site Name: 1057 Live Oak Road Lessee Site Name: Schertz WT Lessee Site ID: SA25XC089A 24 EXHIBIT “D” Rental Rates for Additional Communications Equipment The following
rates shall apply for additional equipment installation that exceeds equipment identified on Exhibit “C”. Rental rates for additional communications equipment shall increase annually
on the anniversary of the Commencement Date by three percent (3%) as described in Section 2(a) of this Agreement during the initial term and shall adjust according to the percentage
increase in the Extended Term Rental described and shown in Section 4 of this Agreement. Standard Configuration -$1,500.00 per month 6 antennas & 6 feedlines 250 sq. ft. lease area Monthly
Fees for Additional Equipment Additional feedline(s) $ 75.00 each feedline Additional antennas $175.00 each antenna (max. two (2) lines per antenna) Tower mount amplifiers $ 50.00 each
TMA GPS antenna $175.00 each Microwave Dish 2' dia. $325.00 each Microwave Dish 3'-4' dia. $450.00 each Microwave Dish 6'-8' dia. $625.00 each Monthly Fee Additional Ground Space $2.00
per square foot up to 500 square feet
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: February 10, 2009 Department: Planning & Zoning Subject: Ordinance No. 09-S-07 – Conduct a Public Hearing and consideration
and/or action on a request to rezone 2.19± acres of land out of the Genobera Malpaz Survey No. 67, Abstract No. 221 from Single-Family Residential District-2 (R-2) to General Business
District (GB) This property is located approximately 966 feet east of the intersection of FM-3009 and 220 feet south of FM-78 (John E. Peterson Blvd). First Reading Background: • Planning
staff met with the applicant and discussed the purpose of this request. The applicant would like to make the General Business Zoning deeper to allow for appropriate traffic flow and
space for the proposed businesses. The applicant is still considering how he might develop the remaining 35.42 acres realizing he has the Dietz Creek and its Floodway to consider. •
The Zoning exhibit reflects a proposed 120-foot right-of-way that is identified on our Master Thoroughfare Plan meant to extend FM-3009 to IH-10. This extension has been determined by
the City that is not economically feasible and would impact several residents, the Sewer Treatment plant (CCMA) and would require bridges over the Dietz Creek. Proposed Use: Commercial
Existing Use /Site Attributes: Undeveloped General Business & Single-Family Residential Special District: There are no Special Districts that affect this property County: Item 5.doc
City Council Memorandum Page 2 Item 5.doc This property is located in Guadalupe County School District: The subject property is within the Schertz-Cibolo-Universal City ISD boundaries
Floodplain: Portions of the property are located within100-year floodplain, in the “X” and “AE” Flood Zones of the FEMA Flood Insurance Rate Map dated November 2, 2007. Adjacent Zoning
/Land Use: North: Unzoned, Lift Station and Right-of-way FM-78 East: Zone General Business District, Single-Family Residential & Manufactured Housing (City of Cibolo) West: Zoned R-2,
Residential; Zoned General Business, Animal Hospital Zoning Description: General Business District (GB): This district is intended to provide suitable areas for the development of non-residential
uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually
located on appropriately designed and attractively landscaped sites and along principal transportation corridors. Comprehensive Plan: The Future Land Use Map identifies this area to
be developed commercial. Project Review & Action: This is a request to change the zoning from R-2 to GB. Staff has reviewed this request for consistency with existing City Codes and
Ordinances. In accordance with Article XVI, Section 6.8 of the UDC, when considering this zoning change request, the City Council should consider the following criteria: 1. The requested
change is in keeping with the Comprehensive Plan adopted by the City Council; 2. There has been environmental and/or economical changes which warrant a change since its original zoning;
3. Granting of the request would not create an incompatible use different from the surrounding property or show favor to the property under consideration for rezoning; and
City Council Memorandum Page 3 Item 5.doc 4. There is an error in the original zoning of the property for which a change is requested. Public Hearing Notice: The public hearing notice
was published in “The Daily Commercial Recorder” on January 8, 2009 and in the “Herald” on January 9, 2009. Notices were mailed to surrounding property owners on December 19, 2008. Reply
notices received: Favor – None as of January 23, 2009 Opposed -None as of January 23, 2009 Neutral-(1) Gladys Wood, 149 Valley Oak City Council schedule is as follows: DATE ITEM ACTION
Tuesday, February 10, 2009 Zoning City Council Public Hearing and First Reading of Ordinance. Tuesday, February 17, 2009 Zoning City Council Final Reading of Ordinance. FISCAL IMPACT
If the property develops as retail the City should receive increased tax benefit. RECOMMENDATION At the January 28, 2009 Planning and Zoning Commission meeting Mr. Sommers moved to forward
to City Council a recommendation to approve the above request Ms. Tutschke second the motion. Vote unanimously passed. Pursuant to the recommendation of the Planning and Zoning Commission,
staff recommends Council approve Ordinance No.09-S-07 on first reading. ATTACHMENT Ordinance No. 09-S-07 Exhibit A Metes and Bound Description
ORDINANCE NO. 09-S-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 REZONING 2.19± ACRES OUT OF THE GENOBERA
MALPAZ SURVEY NO.67, ABSTRACT NO. 221, IN GUADALUPE COUNTY, SCHERTZ, TEXAS FROM SINGLERESIDENTIAL-2 DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB); PROVIDING AN EFFECTIVE DATE; PROVIDING
A REPEALING CLAUSE;PROVIDING A SERVABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. WHEREAS, Two Creeks 78 Ltd., has applied to rezone approximately 2.19 acres of land described in Exhibit
“A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”). WHEREAS, on January 28, 2009 the Planning and Zoning Commission conducted a public hearing and
determined that this request was in the interest of the public safety health, and welfare and recommended approval of the requested General Business Zoning District; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: UDC Ordinance No. 96-S-28, as same may have heretofore been amended, of the City of Schertz, Texas is hereby amended
in the following manner. SECTION I “Establishing permanent zoning for a 2.19± acre tract being situated out of the Genobera Malpaz Survey No. 67, Abstract No.221 Guadalupe County, Schertz
Texas, more particularly described in the Metes and Bounds Description and Map, as attached hereto as Exhibit “A”. SECTION II The Official Zoning Map of the City of Schertz described
and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. SECTION III This Ordinance shall be effective immediately from and after
its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas ZC2008-008 FM78 & FM3009 (2.19 ac) to GB
ZC2008-008 FM78 & FM3009 (2.19 ac) to GB SECTION IV This ordinance shall be cumulative of all other ordinances of the City of Schertz, and this ordinance shall not operate to repeal
or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any, are hereby repealed. SECTION V The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or section s of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid
phrase, clause, sentence, paragraph or section. SECTION VI Any person, firm, association of of persons, corporation or other organization violating the provisions of this ordinance shall
be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence.
Approved on first reading the 10TH day February, 2008. PASSED, APPROVED AND ADOPTED the _________ day of __________________, 2008. ____________________________________ Mayor, City of
Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY)
02/05/2009 1 Red Light Camera Update Captain M. Bane Schertz Police Department
02/05/2009 2 Chapter 707 Section .003 Installation and Operation of Photographic Traffic Signal Enforcement System A local authority that implements a photographic traffic signal enforcement
system under this chapter may not agree to pay the contractor a specified percentage of, or dollar amount from, each civil penalty.
02/05/2009 3 Chapter 707 Section .003 Installation and Operation of Photographic Traffic Signal Enforcement System The local authority shall conduct a traffic engineering study of the
approach to determine whether a design change to the approach or a change in the signalization of the intersection is likely to reduce the number of red light violations at the intersection.
02/05/2009 4 Chapter 707 Section .003 Installation and Operation of Photographic Traffic Signal Enforcement System An intersection approach must be selected based on traffic volume,
history of accidents, number or frequency of red light violations at the intersection, and similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic
characteristics of the area in which the approach is located
02/05/2009 5 Chapter 707 Section .003 Installation and Operation of Photographic Traffic Signal Enforcement System Shall report results of the traffic engineering study to a citizen
advisory committee consisting of one person appointed by each member of the governing body of the local authority. The committee shall advise the local authority on the installation
and operation of a photographic traffic signal enforcement system established under this chapter.
02/05/2009 6 A local authority may not impose a civil penalty under this chapter on the owner of a motor vehicle if the local authority violates previous subsections. Chapter 707 Section
.003 Installation and Operation of Photographic Traffic Signal Enforcement System
02/05/2009 7 Chapter 707 Section .003 Installation and Operation of Photographic Traffic Signal Enforcement System The local authority shall install signs along each roadway that leads
to an intersection at which a photographic traffic signal enforcement system is in active use. The signage must clearly indicate the presence of a photographic monitoring system that
records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty.
02/05/2009 8 Chapter 707 Section .003 Installation and Operation of Photographic Traffic Signal Enforcement System A local authority or the person with which the local authority contracts
for the administration and enforcement of a photographic traffic signal enforcement system may not provide information about a civil penalty imposed under this chapter to a credit bureau,
as defined by Section 392.001, Finance Code.
02/05/2009 9 Chapter 707 Section .004 Report of Accidents Before installing a photographic system, the local authority shall compile a written report of the number and type of accidents
that have occurred at the intersection for a period of at least 18 months before the date of the report. Not later than six months after the date of the installation, the local authority
shall provide the state with a copy of the report. After installing a photographic traffic signal enforcement system, the local authority shall monitor and annually report to the state,
the number and type of traffic accidents at the intersection to determine whether the system results in a reduction in accidents or a reduction in the severity of accidents.
02/05/2009 10 Chapter 707 Section .004 Report of Accidents Not later than December 1 of each year, the department shall publish the information submitted by a local authority under this
section
02/05/2009 11 Chapter 707 Section .006 General Surveillance Prohibited Shall operate a photographic traffic control signal system only for the purpose of detecting a violation or suspected
violation of a traffic-control signal. A person commits an offense if the person uses a photographic traffic signal enforcement system to produce a recorded image other than in the manner
and for the purpose intended An offense under this section is a Class A misdemeanor.
02/05/2009 12 Chapter 707 Section .007 AMOUNT OF CIVIL PENALTY; LATE PAYMENT ?? If a local authority enacts an ordinance to enforce compliance with the instructions of a traffic-control
signal by the imposition of a civil or administrative penalty, the amount of: ?? (1) the civil or administrative penalty may not exceed $75; and ?? (2) a late payment penalty may not
exceed $25.
02/05/2009 13 Chapter 707 Section .008 DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC PENALTIES Within 60 days of local authority's fiscal year, after deducting amounts the local authority
is authorized to retain, the local authority shall: (1) Send 50 percent of the revenue derived from civil or administrative penalties to the comptroller for deposit to the credit of
the regional trauma account established under Section 782.002, Health 11 and Safety Code. (2) deposit the remainder of the revenue in a special account that may be used only to fund
traffic safety programs, pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement.
02/05/2009 14 Chapter 707 Section .008 DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC PENALTIES May retain amount necessary to cover the costs of: (1) Purchasing or leasing equipment that is
part of or used in connection with the photographic traffic signal enforcement. (2) Installing the photographic traffic signal enforcement system at sites in the local authority. (3)
Operating the photographic traffic signal enforcement including review of violations, processing of fine payments and collections, costs associated with administrative adjudications
and appeals. (4) Maintaining the general upkeep and functioning of the photographic traffic signal enforcement system.
02/05/2009 15 The End