HomeMy WebLinkAboutAffidavitCheyenne
Location No. 101236
DATA FURNISHED IN THIS DOCUMENT IS PROPRIETARY AND CONFIDENTIAL
AND SHALL NOT BE DUPLICATED, USED, OR DISPLAYED IN WHOLE OR IN
PART FOR ANY PURPOSE OTHER THAN TO EVALUATE THE DOCUMENT.
AFFIDAVIT
COUNTY OF HARRIS
STATE OF TEXAS
BEFORE ME, the undersigned authority, on this day personally appeared Anthony Befera,
known to me to be the person whose name appears below, who upon being duly sworn, deposes
and states the following:
"My name is Anthony Befera. I am over the age of 18, 1 have never been
convicted of a felony, and I am fully competent to make this affidavit. I am the
Real Estate Manager - Houston/Gulf Coast Region, of Verizon Wireless
("Verizon Wireless"), and I have personal knowledge of the facts stated herein,
which facts are true and correct.
"In the due course of business, Verizon Wireless will conduct its operations in
compliance with all applicable FAA, FCC, and other applicable federal
regulations."
Further, Affiant sayeth not.
&kvn:�f
Anthony Befera
SUBSCRIBED AND SWORN TO BEFORE ME the undersigned notary public, by
the aforesaid Anthony Befera on this the Ir"day of 2006, to certify which
witness my hand and seal of office.
N tary Public in and for the State of Texas
JO ANNE GIRTON
Notary Public, State of TWO
?elf of}e My Commleslon Ezplres 08.28.06
SanAntonio\748519.1
l
Y
VerIZOwireless
14123 Cicero Road
Houston, Texas 77095
Office 713 507-1600
Fax 713 856-1206
July a $, 2006
City of College Station
1101 Texas Avenue
College Station, Texas 77842
Attn: Planning and Development Services
Re: Verizon Wireless "Cheyenne" Site - Proposed Telecommunications Stealth Tower
at 301 George Bush Drive West, College Station, Texas 77840
To Whom it May Concern:
In connection with the application by Verizon Wireless to construct the telecommunications
stealth tower at the site referenced above, and in compliance with the City of College Station's
request, Verizon Wireless does hereby certify that is has the intent and willingness to construct a
proposed tower structure of a design that would allow additional telecommunication service
providers to collocate onto said tower.
Very truly yours,
Verizon Wireless
adwel-I
Anthony Befera
Real Estate Manager-Houston/Gulf Coast
Region
EXHIBIT "A"
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Location No. 101236
Documentation of Needs and Alternatives
Sprint
Attn: Regulatory Department
6391 Sprint Parkway
Overland Park, KS 66251
(877) 265-6872
Cheyenne
Location No. 101236
BUILDING AND ROOFTOP LEASE AGREEMENT
This Agreement, made this—day of 2006, between SHP-THE
CALLAWAY HOUSE LP, with its principal offices located at 805 Las Cimas Parkway, Suite
400, Austin, Texas 78746, Federal Tax I.D. //-35�'y52,_Z ..._, hereinafter designated LESSOR
and San Antonio MTA, L.P. d/b/a Verizon Wireless and Dallas MTA L.P. d/b/a Verizon
Wireless, with both of their principal offices at 180 Washington Valley Road, Bedminster, New
Jersey 07921, hereinafter collectively designated LESSEE. The LESSOR and LESSEE are at
times collectively referred to hereinafter as the "Parties" or individually as the "Party".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally
bound hereby, the Parties hereto agree as follows:
LEASE AGREEMENT
1. PREMISES. LESSOR hereby leases to LESSEE approximately (i) Three Hundred
Twenty Three and 70/100 (323.7) square feet on the ground floor of the parking garage building
(the "Building") located at 301 George Bush Drive West, College Station, Brazos County,
Texas, the underlying real property being shown on the Tax Map of the County of Brazos as
3.489 acres, being Lot 1, Block 1, Callaway Subdivision, and being further described in Deed
recorded at Volume 4104, Page 313, recorded in the Official Public Records of Brazos County,
and which Property (as hereinafter defined) is legally described in Exhibit "A" attached hereto
and made a part hereof (the Building and such real property are hereinafter sometimes
collectively referred to as the "Property"), and (ii) Seventy Three and 50/100 (73.5) square feet
on the 6a' floor roof of the Building. LESSOR hereby also grants to LESSEE a five foot (5') wide
non-exclusive utility/telco easement that runs from the Building to an electrical and
communications utility source, and the non-exclusive right for ingress and egress over the
Property, subject to Lessor's security guidelines and procedures, seven (7) days a week, twenty-
four (24) hours a day for the purpose of installation and maintenance of the demised premises;
which ground floor space, roof space and utility/telco easement are collectively referred to
hereinafter as the "Premises", and are shown in Exhibit "A" attached hereto and made a part
hereof.
LESSOR also grants to the LESSEE the right and sufficient space for the installation and
maintenance of wires, cables, conduits and pipes as shown in Exhibit "A" running from the
leased floor space to the leased roof space and to all necessary electrical and communications
utility sources located at the Building, on the Property or sources used for the Property.
2. TERM; RENTAL. This Agreement shall be effective as of the date of execution by
both parties, provided, however, the initial term shall be for five (5) years and shall commence
on the Commencement Date (as hereinafter defined) at which rental payments will be due at an
annual rental of Eighteen Thousand Six Hundred and No/100 Dollars ($18,600.00) to be paid
annually beginning on the Commencement Date and continuing on the first day of each 12
month anniversary of the Commencement Date, in advance, to LESSOR or to such other person,
firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30)
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days in advance of any rental payment date. The Commencement Date is defined as the first (1 st)
day of the month following the date this Agreement is executed by the Parties or the first (1st)
day of the month following the date LESSEE is granted a building permit by the governmental
agency charged with issuing such permits, whichever event occurs last. In addition to rental as
set forth herein, LESSEE shall pay and/or reimburse LESSOR for, any and all taxes,
assessments, levies and similar exactions applicable to this Agreement, the Premises or
LESSEE's use or occupancy of the Premises.
LESSEE shall furnish and install an electrical submeter at the Premises for the
measurement of electrical power used by LESSEE's installation. LESSEE shall pay for its own
power consumption used thirty (30) days after receipt of an invoice from LESSOR indicating.
the usage amount.
3. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless the LESSEE terminates it at the end of the then current term
by giving LESSOR written notice of the intent to terminate at least three (3) months prior to the
end of the then current term.
4. EXTENSION RENTALS. the annual rental for the first (1St) five (5) year extension
term shall be increased to Twenty One Thousand Three Hundred Ninety and No/100 Dollars
($21,390.00); the second (2nd) five (5) year extension term shall be increased to Twenty Four
Thousand Five Hundred Ninety Nine and no/100 Dollars ($24,599.00); the third (3rd) five (5)
year extension term shall be increased to Twenty Eight Thousand Two Hundred Eighty Nine and
Noll 00 Dollars ($28,289.00); and the fourth (4th) five (5) year extension term shall be increased
to Thirty Two Thousand Five Hundred Thirty Three and No/100 Dollars ($32,533.00).
5. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year
extension tenn this Agreement has not been terminated by either Party by giving to the other
written notice of an intention to terminate it at least three (3) months prior to the end of such
term, this Agreement shall continue in force upon the salve covenants, terms and conditions for a
further term of one (1) year and for one (1) year ten -ns thereafter until terminated by either Party
by giving to the other written notice of its intention to so terminate at least three (3) months prior
to the end of such term. Annual rental for each such additional one (1) year term shall be equal to
115% of the annual rental payable with respect to the immediately preceding one (1) year term.
6. USE, GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
sole purpose of constructing, maintaining and operating a wireless communications facility and
uses incidental thereto. LESSEE will at its sole cost and expense maintain the leased portion of
the roof in a weather tight condition. All improvements shall be at LESSEE's expense and the
installation of all improvements shall be in accordance with plans and specifications therefor
approved in writing by LESSOR, such approval not to be unreasonably withheld, conditioned or
delayed. LESSEE shall have the right to replace, repair, add or otherwise modify its equipment
or any portion thereof in accordance with plans and specifications therefore approved in writing
by LESSOR, whether the equipment is specified or not on any exhibit attached hereto, during the
term of this Agreement. LESSEE will maintain the Premises in good condition, reasonable wear
and tear excepted. LESSOR will maintain the Property, excluding the Premises, in good
condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's ability
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to use the Premises is contingent upon its obtaining after the execution date. of this Agreement
all of the certificates, permits and other approvals (collectively the "Governmental Approvals")
that may be required by any Federal, State or Local authorities as well as a satisfactory building
structural analysis which will pennit LESSEE use of the. Premises as set forth above. LESSOR
shall reasonably cooperate with LESSEE at no cost to LESSOR in its effort to obtain such
approvals and shall take no action which would adversely affect the status of the Property with
respect to the proposed use thereof by LESSEE. In the event that any of such applications for
such Governmental Approvals should be finally rejected or LESSEE determines that such
Governmental Approvals may not be obtained in a timely manner or any Governmental
Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated
by governmental authority or that the LESSEE determines that the site is no longer technically
compatible for its use or that LESSEE, in its sole discretion, will be enable to use the Premises
for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of the
LESSEE's exercise of its right to tenninate shall be given to LESSOR in writing by certified
mail, return receipt requested, and shall be effective upon the mailing of such notice by the
LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such
termination, this Agreement shall become null and void and the Parties shall have no further
obligations. including the payment of money, to each other.
7. INDEMNIFICATION. Each Party shall indemnify and hold the other harmless
against any claim of liability or loss from personal injury or property damage resulting from or
arising out of the use and occupancy of the Premises or the Property by the Party, its employees
or agents, excepting, however, such .claims or damages as may be due to or caused by the acts or
omissions of the other Party, or its servants or agents. LESSEE hereby agrees to indemnify,
defend and hold harmless LESSOR from and against any and all claims, demands, actions,
damages, costs, penalties, expenses (including without limitation reasonable attorneys' fees),
suits, actions and causes of action which are paid, suffered or incurred by LESSOR as a result of
(i) any default by LESSEE or its agents, employees, successors or assigns, under this Agreement,
(ii) any actions or inactions by LESSEE or its agents, employees, successors or assigns in
connection with this Agreement, the Premises or LESSEE's equipment on the Premises or (iii)
any violation by LESSEE, or its agents, employees, successors or assigns of any applicable laws,
rules, ordinances, codes and regulations.
8. INSURANCE. The Parties hereby waive any and all rights of action for
negligence against the other which may hereafter arise on account of damage to the premises or
to property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts,
such insurance is now or hereafter carried by the Parties, or either of them. LESSOR and
LESSEE each agree that at its own cost and expense, each will maintain commercial general
liability and property liability insurance with liability limits of not less than $1,000,000 for injury
to or death of one or more persons in anyone occurrence and $2,000,000 in the aggregate, and
$1,000,000 for damage or destruction to property in anyone occurrence and $2,000,000 in the
aggregate. LESSOR shall be named as an additional insured on LESSEE's liability insurance
policies. Prior to going upon the Premises, LESSEE shall furnish to LESSOR certificates of
such insurance which (i) indicates that LESSOR is an additional insured and (ii) LESSOR shall
be given thirty (30) days' notice in the event of termination or cancellation of such insurance.
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9. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LFSSI;E is not in default hereunder and shall have paid all rents and sums due
and payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate this
Agreement upon the annual anniversary of this Agreement provided that three (3) months prior
notice is given the LESSOR.
10. INTERFERENCE. LESSEE agrees to have installed radio equipment of the type
and frequency which will not cause measurable interference to the equipment existing as of the
date this Agreement is executed by the Parties of the LESSOR or other current or future lessees
of the Property. In the event LESSEE's equipment causes such interference, and after LESSOR
has notified LESSEE of such interference, LESSEE will take all steps necessary to correct and
eliminate the interference. LESSOR agrees that LESSOR and/or any other tenants of the
Property who currently have or in the future take possession of the Property will be permitted to
install only such radio equipment that is of the type and frequency which will not cause
measurable interference with the existing equipment of the LESSEE. The Parties acknowledge
that there will not be an adequate remedy at law for non-compliance with the provisions of this
paragraph and therefore, either Party shall have the right to specifically enforce the provisions of
this paragraph in a court of competent jurisdiction.
11. REMOVAL UPON TERMINATION. LESSEE, upon termination of the
Agreement, shall, within ninety (90) days, at its sole cost and expense remove its equipment,
fixtures and all personal property and restore the Premises to its original condition, reasonable
wear and tear excepted. LESSOR agrees and acknowledges that all of the equipment, fixtures
and personal property of the LESSEE shall remain the personal property of the LESSEE and the
LESSEE shall have the right to remove the same, whether or not said items are considered
fixtures and attachments to real property under applicable law. If such time for removal causes
LESSEE to remain on the Premises during such ninety (90) day period, 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 of the antenna structure, fixtures and all personal
property are completed.
12. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this
Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such
sale shall be subject to this Agreement and LESSEE's rights hereunder and, upon such sale, the
original LESSOR shall be released from further duties and obligations hereunder.
13. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing covenants shall peaceably and quietly have, hold and enjoy the Premises, subject to
the ten -ns and provisions of this Agreement, and subject to all matters of record.
14. TITLE. Intentionally omitted.
15. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between the LESSOR and LESSEE and that no verbal
or oral agreements, promises or understandings shall be binding upon either the LESSOR or
LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or
modification to this Agreement shall be void and ineffective unless made in writing signed by
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the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable,
such finding shall not affect the validity and enforceability of the remaining provisions of this
Agreement. The failure of either Party to insist upon strict performance of any of the terns or
conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive
such rights and such Party shall have the right to enforce such rights at any time and take such
action as may be lawful and authorized under this Agreement, either in law or in equity.
16. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the State in which the Property is
located.
17. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the Federal Con nunications Conunission in which the Property
is located by reason of a merger, acquisition or other business reorganization, provided that such
assignee or transferee shall assume all of the duties and obligations of LESSEE hereunder. As to
other parties, this Agreement may not be sold, assigned or transferred without the written consent
of the LESSOR, which such consent will not be unreasonably withheld or delayed.
18. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
LESSOR: SHP-The Callaway House LP
805 Las Cimas Parkway, Suite 400
Austin, Texas 78746
Attention: President
LESSEE: San Antonio MTA, L.P.
Dallas MTA, L.P.
d/b/a Verizon Wireless
Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon mailing or delivering the same to a commercial courier, as
pennitted above.
19. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
20. SUBORDINATION AND NON -DISTURBANCE. LESSEE shall have the right to
request that any lender holding a lien on the Commencement Date execute a non -disturbance
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Location No. 101236
agreement providing that LESSEE's possession of the Premises shall not be disturbed in the event
of a default and foreclosure of the Property so long as LESSEE is not in default hereunder.
21. RECORDING. LESSOR agrees to execute a Memorandum of this Lease
Agreement which LESSEE may record in the appropriate real property records. The date set
forth in the Memorandum of Lease is for recording purposes only and bears no reference to
commencement of either term or rent payments.
22. DEFAULT. In the event there is a default by the LESSEE with respect to any of
the provisions of this Agreement or its obligations under it, including without limitation the
payment of rent, the LESSOR shall give LESSEE written notice of such default. After receipt of
such written notice, the LESSEE shall have fifteen (15) days in which to cure any monetary
default and thirty (30) days in which to cure. any non -monetary default, provided the LESSEE
shall have such extended period (not to exceed thirty [30] additional days) as may be required
beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than
thirty (30) days and the LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion within such additional
thirty (30) day period. In the event of a default by LESSEE hereunder which is not cured within
the foregoing cure period, LESSOR may exercise against LESSEE any and all remedies
available to LESSOR at law or in equity. The LESSOR may not maintain any action or effect
any remedies for default against the LESSEE unless and until the LESSEE has failed to cure the
same within the time periods provided in this paragraph.
23. ENVIRONMENTAL. Intentionally omitted.
24. CASUALTY. In the event of damage by fire or other casualty to the Premises that
cannot reasonably be expected to be repaired within one hundred eighty (180) days following
same or, if the Property is damaged by fire or other casualty so that such damage may reasonably
be expected to disrupt LESSEE's operations at the Premises for more than one hundred eighty
(180) days, then LESSEE may at any time following such fire or other casualty, provided
LESSOR has not completed the restoration required to permit LESSEE to resume its operation at
the Premises, terminate this Lease upon fifteen (15) days written notice to LESSOR. Any such
notice of termination shall cause this Lease to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Lease and
the parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Lease. Notwithstanding the foregoing, all rental shall abate
during the period of such fire or other casualty in which LESSEE is unable to use the Premises.
25. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE
may terminate this Lease upon fifteen (15) days written notice to LESSOR if such condemnation
may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-
five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding
involving the Premises for losses related to the antennas, equipment, its relocation costs and its
damages and losses (but not for the loss of its leasehold interest). Any such notice of termination
shall cause this Lease to expire with the same force and effect as though the date set forth in such
notice were the date originally set as the expiration date of this Lease and the parties shall make
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Location No. 101236
an appropriate adjustment as of such termination date with respect to payments due to the Other
under this Lease.
26. SUBMISSION OF LEASE. The submission of this Lease for examination does not
constitute an offer to lease the Premises and this Lease becomes effective only upon the full
execution of this Lease by the Parties. If any provision herein is invalid, it shall be considered
deleted from this Lease and shall not invalidate the remaining provisions of this Lease. Each of
the Parties hereto warrants to the other that the person or persons executing this Lease on behalf
of such Party has the full right, power and authority to enter into and execute this Lease on ,such
Party's behalf and that no consent from any other person or entity is necessary as a condition
precedent to the legal effect of this Lease.
27. LIMITATION OF LIABILITY. Whether the cause of any damage, loss, or liability
is insurable, insured or not insured, foreseen or unforeseen, neither Party nor its representatives,
agents or employees shall in any event be liable to the other Party or its representatives, agents or
employees for claims for consequential, punitive or any indirect damages of any nature even if
caused by such Party's, its representatives', agents' or employee's negligence.
28. APPLICABLE LAWS. LESSEE shall use the Premises and LESSEE's equipment
and fixtures on the Premises strictly in accordance with any and all applicable laws, rules,
ordinances, codes and regulations. LESSOR agrees to keep the Property in conformance with all
applicable laws, rules and regulations and agrees to reasonably cooperate with the LESSEE, at
no cost to LESSOR, regarding any compliance required by the LESSEE in respect to its use of
the Premises.
29. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
30. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They. shall not affect or be
utilized in the construction or interpretation of the Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Location No. 101236
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective
seals the day and year first above written.
LESSOR:
SHP-THE CALLAWAY HOUSE LP
By: SHP-The Callaway House GP, LLC, its
general partner
By: i ---r1
Name l -,-, Coo. oVI-i A k)'C'
Title
Date: a /ZS a o
LESSEE:
San Antonio MTA, L.P. d/b/a Verizon Wireless, by
Verizon Wireless Texas, LLC, its general partner
M
Hans F. Leutenegger
Area Vice President, Network South Area
Date:
Dallas MTA, L.F. d/b/a Verizon Wireless, by
Verizon Wireless Texas, LLC, its general partner
Hans F. Leutenegger
Area Vice President, Network South Area
Date:
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Exhibit A
Real Property
A tract of land containing 3.489 acres, more or less, in the J. E. Scott League, A-50, Brazos
County, Texas, and being all of Lot 1, Block 1, Callaway Subdivision, according to map or flat
recorded in Volume 3127, Page 13, Official Public Records of Brazos County, Texas.
SANANTONIO\727409.3 Exhibit A
Page 1 of 14
'LESSEE GROUND FLOOR LEASE AREA
Verizon Wireless
323.7 square feet— 0.0074 Acre
STATE OF TEXAS §
COUNTY OF BRAZOS §
Cheyenne
Location No. 101236
J.E. Scott League
Abstract No, 50
A METES AND BOUNDS description of a 0.0074 acre tract of land as situated in the J.E. Scott
League, Abstract No. 50 of Brazos County, Texas and being a portion of Lot 1, Block 1 of
Callaway Subdivision as shown on a plat filed for record under Volume 3127, Page 13 of the
Official Records of Brazos County, said 0.0074 acre tract of land being more particularly
described as follows with all bearing based on the Texas Coordinate System, Central Zone
4203.
COMMENCING at a 1/2 -inch iron rod found in the southeast right-of-way of F.M. 2347 (called
105' wide) for the north corner of said Lot 1, Block 1 of Callaway Subdisivion, the southeast
corner of a called 0.021 acre conveyed to the State of Texas and filed for record in Volume
2699, Page 206 of said Brazos County Official Records, the most southerly southwest corner of
a called 0.165 acre tract conveyed to the State of Texas and filed for record in Volume 2961,
Page 102 of said Brazos County Official Records, and the most northerly northwest corner of a
called 8.72 acre tract as conveyed to College Station Treehouse, Ltd. By a Special Warranty
Deed with Vendor's Lien dated July 27, 1994 and filed for record in Volume 2172, Page 14 of
said Brazos County Official Records;
THENCE, South 34°12'17" East, 146.04 feet, along the northeast line of said Lot 1, Block 1 of
Callaway Subdivision and a northwest line of said College Station Treehouse, Ltd. 8.72 acre
tract, to a 1/2 -inch iron rod found for an angle corner of same and the most easterly southeast
corner of said Lot 1, Block 1 of Callaway Subdivision;
THENCE, South 68°49'15" West, 17.00 feet, along a south line of said Lot 1, Block 1 of
Callaway Subdivision and a north line of said College Station Treehouse, Ltd. 8.72 acre tract, to
a 1/2 -inch iron rod found for a northwest corner of same and an angle corner of said Lot 1,
Block 1 of Callaway Subdivision;
THENCE, South 25°36'40" West, 13.01 feet along a southeast line of said Lot 1, Block 1 of
Callaway Subdivision and a northwest line of said College Station Treehouse, Ltd. 8.72 acre
tract, to'a point for corner;
THENCE, North 64023'20" West, 21.03 feet, to a point for corner at the intersection of the
southwest face of a 2' x 2' wide column with the northwest face of an existing 0.67' wide
parapet, for the most easterly corner and PLACE OF BEGINNING of the herein described tract;
THENCE, South 25035'16" West, 25.00 feet, to a point for corner at the intersection of the
northwest face of said 0.67' wide parapet with the northeast face of an existing 2' x 2' wide
column, for the south corner of the herein described tract;
THENCE, North 6424'44" West, 1.33 feet, to a point for corner at the north corner of said
existing 2'x 2' wide column;
THENCE, South 25°35'16" West, 0.20 feet, to a point for corner at the intersection of the
northwest face of said existing 2' x 2' wide column with the northeast face of an existing 1.20'
Exhibit A
Page 2 of 14
LESSEE GROUND FLOOR LEASE AREA
Verizon Wireless
323.7 square feet-- 0.0074 Acre
wide concrete wall;
uneyenne
Location No. 101236
J.E. Scott League
Abstract No. 50
THENCE, North 64°24'44" West, 11.17 feet, to a "V' cut in concrete for the west corner of the
herein described tract;
THENCE, North 25°35'16" East, 26.00 feet, to a "V' cut in concrete for the north corner of the
herein described tract;
THENCE, South 64°24'44" East, 11.17 feet, to a "V" cut in concrete at the base of said 2' x 2'
wide column;
THENCE, South 25°35'16" West, 0.30 feet, to a point for corner at the west corner of said 2' x 2'
wide column;
THENCE, South 64°24'44" East, 1.33 feet, to the PLACE OF BEGINNING, CONTAINING
0.0074 of an acre of land in Brazos County, Texas as shown on drawing number 352 in the
office of Cotton Surveying, The Woodlands, Texas.
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Exhibit A
Page 3 of 14
LESSEE ROOF AREA LEASE
Verizon Wireless
73.5 square feet— 0.0017 Acre
STATE OF TEXAS §
COUNTY OF BRAZOS §
k-neyerme
Location No. 101236
J.E. Scott League
Abstract No. 50
A METES AND BOUNDS description of a 0.0017 acre tract of land as situated in the J.E. Scott
League, Abstract No. 50 of Brazos County, Texas and being a portion of Lot 1, Block 1 of
Callaway Subdivision as shown on a plat filed for record under Volume 3127, Page 13 of the
Official Records of Brazos County, said 0.0017 acre tract of land being more particularly
described as follows with all bearing based on the Texas Coordinate System, Central Zone
4203.
COMMENCING at a 1/2 -inch iron rod found in the southeast right-of-way of F.M. 2347 (called
105' wide) for the north corner of said Lot 1, Block 1 of Callaway Subdisivion, the southeast
corner of a called 0.021 acre conveyed to the State of Texas and filed for record in Volume
2699, Page 206 of said Brazos County Official Records, the most southerly southwest corner of
a called 0.165 acre tract conveyed to the State of Texas and filed for record in Volume 2961,
Page 102 of said Brazos County Official Records, and the most northerly northwest corner of a
called 8.72 acre tract as conveyed to College Station Treehouse, Ltd. By a Special Warranty
Deed with Vendor's Lien dated July 27, 1994 and filed for record in Volume 2172, Page 14 of
said Brazos County Official Records;
THENCE, South 34012'17" East, 146.04 feet, along the northeast line of said Lot 1, Block 1 of
Callaway Subdivision and a northwest line of said College Station Treehouse, Ltd. 8.72 acre
tract, to a 1/2 -inch iron rod found for an angle corner of same and the most easterly southeast
corner of said Lot 1, Block 1 of Callaway Subdivision;
THENCE, South 6804915" West, 17.00 feet, along a south line of said Lot 1, Block 1 of
Callaway Subdivision and a north line of said College Station Treehouse, Ltd. 8.72 acre tract, to
a 1/2 -inch iron rod found for a northwest corner of same and an angle corner of said Lot 1,
Block 1 of Callaway Subdivision;
THENCE, South 25o„
3640 West, 3.28 feet along a southeast line of said Lot 1, Block 1 of
Callaway Subdivision and a northwest line of said College Station Treehouse, Ltd. 8.72 acre
tract, to a point for corner;
THENCE, North 64°23'20” West, 21.03 feet, to a "V" cut in concrete at the base of a 0.67 feet
wide concrete parapet for the east corner and PLACE OF BEGINNING of the herein described
tract;
THENCE, South 25035'16" West, 10.50 feet, along the base of said concrete parapet, to a "V"
cut in concrete for the south corner of the herein described tract;
THENCE, North 64024'44" West, 7.00 feet, to a "V" cut in concrete for the west comer of the
herein described tract;
THENCE, North 25°35'16" East, 10.50 feet, to a "V" cut in concrete for the north corner of the
herein described tract;
Exhibit A
Page 4 of 14
LESSEE ROOF AREA LEASE
Verizon Wireless
73.5 square feet— 0.0017 Acre
Cheyenne
Location No. 10I236
J.E. Scott League
Abstract No. 50
THENCE, South 64'24'44" East, 7.00 feet, to the PLACE OF BEGINNING, CONTAINING
0.0017 of an acre of land in Brazos County, Texas as shown on drawing number 351 in the
office of Cotton Surveying, The Woodlands, Texas.
lASURV PROJECTS\5358\077\Tower Site - 6th Level Parking Garage.doc
Exhibit A
Page 5 of 14
LESSEE 5' UTILITY/TELCO EASEMENT
Verizon Wireless
106.1 square feet-- 0.0024 Acre
STATE OF TEXAS §
COUNTY OF BRAZOS §
Cheyenne
Location No. 101236
J.E. Scott League
Abstract No, 50
A METES AND BOUNDS description of a 0.0024 acre tract of land as situated in the J.E. Scott
League, Abstract No. 50 of Brazos County, Texas and being a portion of Lot 1, Block 1 of
Callaway Subdivision as shown on a plat filed for record under Volume 3127, Page 13 of the
Official Records of Brazos County, said 0.0024 acre tract of land being more particularly
described as follows with all bearing based on the Texas Coordinate System, Central Zone
4203.
COMMENCING at a 1/2 -inch iron rod found in the southeast right-of-way of F.M. 2347 (called
105' wide) for the north corner of said Lot 1, Block 1 of Callaway Subdisivion, the southeast
corner of a called 0.021 acre conveyed to the State of Texas and filed for record in Volume
2699, Page 206 of said Brazos County Official Records, the most southerly southwest corner of
a called 0.165 acre tract conveyed to the State of Texas and filed for record in Volume 2961,
Page 102 of said Brazos County Official Records, and the most northerly northwest corner of a
called 8.72 acre tract as conveyed to College Station Treehouse, Ltd. By a Special Warranty
Deed with Vendor's Lien dated July 27, 1994 and filed for record in Volume 2172, Page 14 of
said Brazos County Official Records;
THENCE, South 51'59'16" West, 105.13 feet, along the southeast right-of-way of said F.M.
2347 and the southeast line of said State of Texas 0.021 acre tract, to a point for the north
corner and PLACE OF BEGINNING of the herein described tract;
THENCE, South 47°18'01" East, 20.07 feet, to a point for the east corner of the herein
described tract;
THENCE, South 25037'04" West, 5.23 feet, to a point for the south corner of the herein
described tract;
THENCE, North 47°18'01" West, 22.20 feet, to a point in the southeast right-of-way of said F.M.
2347 for the west corner of the herein described tract;
THENCE, North 42°41'59" East, 1.42 feet, along the southeast right-of-way of said F.M. 2347,
to a 1/2 -inch iron rod found for an angle corner of same and of the herein described tract, same
being the south corner of said State of Texas called 0.021 acre tract;
THENCE, North 51'59'16" East, 3.63 feet, along the southeast right-of-way of said F.M. 2347
and the southeast line of said State of Texas called 0.021 acre tract, to the PLACE OF
BEGINNING, CONTAINING 0.0024 of an acre of land in Brazos County, Texas as shown on
drawing number 352 in the office of Cotton Surveying, The Woodlands, Texas.
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Exhibit A �q`� •SUrF(
Page 6 of 14''�
Cheyenne
Location No. 101236
DATA FURNISHED IN THIS DOCUMENT IS PROPRIETARY AND CONFIDENTIAL
AND SHALL NOT BE DUPLICATED, USED, OR DISPLAYED IN WHOLE OR IN
PART FOR ANY PURPOSE OTHER THAN TO EVALUATE THE DOCUMENT.
AFFIDAVIT
COUNTY OF HARRIS
STATE OF TEXAS
BEFORE ME, the undersigned authority, on this day personally appeared Anthony Befera,
known to me to be the person whose name appears below, who upon being duly sworn, deposes
and states the following:
"My name is Anthony Befera. I am over the age of 18, I have never been
convicted of a felony, and I am fully competent to make this affidavit. I have
personal knowledge of the facts and statements contained herein and they are all
true and correct. I am employed by Verizon Wireless ("VZW") as the Real Estate
Manager - Houston/Gulf Coast Region, and I have personal knowledge of the
facts stated herein, which facts are true and correct.
2. "I am authorized to supervise independent site acquisition contractors (the
"Contractors"). hired by VZW to research and locate acceptable
telecommunications sites to service certain geographic areas.
3. "VZW's radio frequency engineers have identified an area near the intersection of
George Bush Drive West and Wellborn Road, College Station, Texas, where the
existing radio frequency coverage is less than minimum acceptable quality and
suffers from significant gaps in wireless service. Standard business practice by
VZW, and my instructions from VZW's radio frequency engineers, were to find a
location within or as near as possible to this area that either (i) had an existing
structure suitable for the location of VZW's telecommunications equipment or (ii)
would allow for the construction of a structure upon which VZW could attach its
telecommunications equipment. VZW engineers have conducted radio frequency
studies of the area surrounding this intersection, and have determined that a
proposed wireless communications facility site atop a parking garage located at
301 George Bush Drive West, College Station, Brazos County, Texas, 77840 (the
"Proposed Site") would meet VZW's radio frequency coverage and capacity
objectives in the area. A one-half mile radius from the Proposed Site is noted on
Exhibit "A" attached hereto and incorporated herein (the "Search Ring").
4. "Prior to making this determination, in accordance with the City's (as defined
herein) requirements and at VZW's request, the Contractors conducted an
exhaustive research of the geographic area in and around the Search Ring in an
effort to locate a suitable existing site for the installation or collocation onto a
tower or antenna support structure for VZW's telecommunications equipment.
SANANTONIO\748518.1
Cheyenne
Location No. 101236
5. "In the course of their work, the Contractors typically begin their research by
investigating the zoning of the applicable municipality. They conduct a thorough
search for existing structures with landowners who are willing to enter in to a
lease with VZW pursuant to terms acceptable to both the landowners and VZW. If
they are unable to find a workable solution utilizing existing communication
towers or structures, only then do they begin searching for a building on which to
install telecommunications equipment. The Contractors followed these procedures
with respect to the Search Ring for this site.
6. "During the initial search of the geographic area in and around the Search Ring,
the Contractors determined that there was a possible existing site or support
structure within the Search Ring that might be viable for the placement of VZW's
equipment (see Exhibit "A" attached hereto for the relative location). The site
identified is an existing "stealth" telecommunications tower located within the
Search Ring owned and operated by Sprint (FCC #1045866), having an address of
922 Olsen Boulevard, #1555, College Station, Texas. However, this site was not a
viable location as is a single carrier stealth pole and VZW's engineers rejected the
site since it was too short to meet VZW's height requirements.
7. "Based on exhaustive research in and around the Search Ring, I can say
unequivocally that the Proposed Site is the only available site to VZW to meet its
pressing radio frequency coverage needs in the vicinity of the Proposed Site. The
Contractors have made diligent, but unsuccessful, efforts to obtain permission to
install or collocate the new VZW facility on existing towers or antenna support
structures located within the Search Ring."
Further, Affiant sayeth not.
Anthony Befera
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned notary public, by
the aforesaid Anthony Befera on this theo� ` day of July, 2006, to certify which witness my
hand and seal of office.
Not u lic in and for the State of Texas
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