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HomeMy WebLinkAboutEntry and Testing Agreement Power of Attorney FEE -24 -2004 05:19 RN P. 1 Ux /2J /xUU4 10:E7 rAA 7tatolozion rvoalL knnzn -• Site Name: Wri ,.- ,CqU,pae Station Site Cascade I.D. rEgni &$ EUBX AN », TFSTI NG AG, EE)Y E NT Apo ,LOW yR OF AI'I'ORNEY THIS ENTRY AND TESTING AGREEM ENT ( "Agreement ") is made and entered into as of the 23 day of Octabcr 2004, by and between Art}tur and Na wy Wright Family L "�artnerehip ("Owner") and SpriritCorn, Inc., a Kansas corporation ( "SprintCcrre "), concerning certain real property owned by Owner located at ,903 Krenek Tarr Road. Cit of (;'pl%e' Station„ Braze, coi.krtiy. Texas and more fully described in Exhibit A, attached hereto (the "property"). A. SprintCom has an interest in leasing the Property for use me a tower or antenna site for the receipt and transmission of wireless communications signals: and B. In order for SprintCom to determine the viability nr"d feasibility of the Property are a tower or antenna site, it is necessary for employees, agents or independent contractors of Sprinteom to enter upon and inspect the Property And /or temporarily locate communications equipment on the Property to conduct short term radio propagation tests, and to make application with local. state and federal governmental entities for approval of the Property as a tower or antenna site; and C. Owner and SprintCom desire to provide for the entry upon, inspectjc r and /or testing activities, and applications concerning the Property pursuant to the terms contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promisee,, covenants, undertakings, and other consideration set forth in thief Agreement, Owner and SprintCom agree as follows: I. Consent. Owner consents and agrees that SprintCom, its employees, agents and independent contractors ( Parties ") may enter upon the Property to conduct and perform some or all of the following activities ( "Permitted Activities "); surveys,, geotechnical soil borings and analyses, phase I environmental site assessments, boundsry surveys, radio propagation studies_ and such other testa and inspections of the Property which SprintCom may deem necessary or advisable. SprintCom agrees tz be responsible for • any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property, 2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf to such local, state and federal governmental entities whtvie approval SprintCom may consider necessary or advisable to have the Property approved ae s tower or antenna site, including, hut not limited to, governtnertal approvals for zoning variances or other zoning permits, rezoning applications, building permits, and wetland permits. Owner hereby agrees that an executed copy of this Agreement is an effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be takon. 3, Access. Owner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activities" upon execution of this Agreement and may have access to the Property i t set far h in Site Agrestnent executed by both oartir:s.and ditied FED-24-2004 05:21 AM P.03 4.1411. +.uiu.iuii.ty ruar01 L+ UNSIZA U Site Name: Wright - egliegcatattaxt Site Cascade I.D. (F1Q5pXC4,98 4. Removal of Property, SprintCom agreed that it will, upon the conclusion of the term of this Agreement, remove any equipment installed on the Property as a part of the Permitted Activities, repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and will return the Property to the condition it was in before SprintCorn's entry onto the Property, In the event any equipment installed on the Property by SprintCom is not timely removed, Owner will have the right to remove such equipment and SprintCom agrees to be responsible for the reasonable costs of such removal. 5. Indemnity, SprintCom agrees to indemnify. Pave harmless, and defend Owner, its direct ri, officers, employees, and property Management agent, if any, from and against any and all claims. actions, damages, liability and expense in connection with personal injury andior damage to property arising from or out of any occurrence in, upon or at the Property caused by the act or omission of the Authoriasd Parties in conducting the Permitted Activities. Any defense conducted by SprintCom of any such claims. actions, damages, liability and expense will be conducted by attorneys chosen by Sprint(!o and SprintCom will be liable for the payment of any and all court costs, expenses of litigation, reasonable attorneys foes: and any judgment that may be entered therein. 6. Insurance. At Owner request, SprintCom agrees to provide a certificate of insurance evidencing SprintCom'e general liability insurance coverage. 7. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the M tate of Texas without regard to such dtate's conflict of laws provisions. IN WITNESS WHEREOF, the parties: hereto ha.. executed this Agreement as of the day and year first above written. OWNER Arthur and Nancy Wright Family Limited Partnership Name! Ar+ hur What Title: Co -Owner Date: __..__2l 2 V y 2 FEE -24 -2004 ©5:20 RN F,Fi2 u4, g.or goo, to: LO Ch.M. A0112101611,10 1' v.aJ1 a, .1.01,111111 ... • Site Name: Wrkabt- Colleges on Site Cascade I.D. HOb9XC439 ENTRY AND ( TESTING AGREEMENT Being a 3.175 acre ttr3Ct or panel of land, tying and heing situated in the N1()ROAN HI :CI SURVEY, ABSTRACT NO. 46, (;allow citation. firams County, Truitt, and being all of the called 1.173 acre tr*Cl e.14.4:fibtsd in the deed front Joanna boatman to Alfred ,A, Martin & Kenneth C. K.rcn k.. u± record in volume $17, Page 156, of the Deed Records of Brt io County. texas and mid 3.175 acre tract being, mart particularly described as follows. (7OMf4F.Nt lNG at the interwe:tion of the southwest right -of way line of State tlighwaty No b - East i-ly -pass with Iht northwest line of Krcnek lap Road: 1i ENCh: approximately S 42 6 311' W approximately 20511 feet along the northwest lint nt Tap tread to the iron rota li)und (nuking the oast corner of the heforrrrtentioned 3.173 acre tract for the PLACE OF BBEGINN1NU of this description. front which tin k" ereatsote post fence corner bears lv 01 °1 F 1.2 feat: t`HE.NC1 S 42 "30'02" W along the northwest line et Krenek Tap Read, same being the southeast line of the betitremeutioncd 3.173 acre tract for a Distance of 1R5.20 feet to a 5i$ " iron rod found marking the South corner of the 3.173 acre tract; "1.11 tl'i N 47"37'51" W along the southwest in of the hefnremrntioned 3,173 acre inlet- same - i n � be a the northeast line of the called 2.998 acre tract deserihcd in Volute 2325, Page 205. of the Official Records or Brazos County, 1etias, :ul to at 1e it e for a distance: of 762.95 fact to a !r;" iron rod found marking the teegt corner of the 3.173 ;it.TU tract, same being tin angle point Comer in the southeast line of Block One - Southwest (crossing Subdivision according to the plat recorded in Voltin a 523, Page 433. of the fled kiarrds of 13ruvos County. 'orris, from which a chain lime fence comer hears S 25°27'27" 13 -- 0.6 feet; rfiuNCL N 41.°22'53" 1 along the northwest line of the heforemenuoned 1.173 awre itnct sarne *jag the sottthets.s line of the beforementioned Southwest C'rav'ing Subdivision. adjacent 10 a ti'tic•:. list a distance of I911.28 feet LO a iron road found marling the north corner ot'the .3.173 acre tract. ame. being an angle point corner io the .uutheagt line ul said Southwest Crossing Subdivision. from which a chain link t corner hears N 55 °27'23" W .- 0.9 feeet ttn.1 tut 8" creosote post fence corner (tears S 36° 10' 11 " F; - 2.5 feet; T11f;NC'L :along the northett.'4 It of the hcforcmentinned 3.173 acrL tract, same being the southwest lint or the called 143 acre tract described in Volume 334, Page 362_ of the Deed Records or Brains C'oe.tnt) . texu.,, adjacent Ie a fence, ua litlhrws. 45'51'15" E or a distance of 6119.35 feet to a ';_ ' Iron rod fond for angle t?oint corner_ from which a lc" in n pal round bean N 37 °45' W -.1.5 feet, and a 26" post oak tree fence angle point hears N 8R ^33 '04" W - 1.5 fact. S 51'55%1 i ' E: or ;i distance of 1 54.71 fi ct to the Pl „ACE OF Iific INN INC:. containing 3,175 acres or land, more or less,