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ASR Registration 1203487 Page 1 of 2 O Federal € <<, ' ;.it , • ,),1, Cnmmuni Loons Antenna Structure Registration FCC > `v'1TB > ASR > Online Systems > ASR Search FCC Site Map ASR Registration Search Registration 1203487 f, Id HELP C k New Search ' Return to Results Printable Page It Reference Copy Registration Detail Reg Number 1203487 Status Granted File Number A0096834 Constructed FAA Study 73 -SW- 1872 -OE EMI No FAA Issue 12/28/1973 NEPA No Date Antenna Structure Structure Type BANT - Building with an antenna Location (in NAD83 Coordinates - Convert to NAD27) Lat /Long 30 -37 -24.7 N 096 -19 -14.8 W 2000 WELCH City, State COLLEGE STATION , TX Center of AM Array Heights (meters) Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL) 32.3 15.2 Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances 47.5 9.1 Painting and Lighting Specifications None t ?3vr { r~ & Contact Information FRN 0001671171 Licensee ID L00080839 Owner COLLEGE STATION INDEPENDENT SCHOOL P: (409)764 -5443 DISTRICT E: Attention To: GEORGE MCLEAN, 2000 WELCH COLLEGE STATION , TX 77840 Contact P: E: http:// wireless2. fcc. gov/ UlsApp /AsrSearch/asrRegistration.j sp ?regKey= 2600312 4/26/2005 ASR Registration 1203487 Page 2 of 2 Last Action Status Status Granted Received 09/08/1999 Purpose New Entered 09/23/1999 Mode Mail In (Manual) Related Applications 09/08/1999 A0096834 - New (NE) Comments Comments None Automated Letters 09/25/2000 Construction Reminder, Reference 74870 09/24/1999 Authorization, Reference 23926 ASR Help ASR License Glossary - FAQ - Online Help - Documentation - Technical Support ASR Online TOWAIR- CORES /ASR Registration - ASR Online Filing - Application Search - Systems Registration Search About ASR Privacy Statement - About ASR - ASR Home Registration . „ By Registration Number • - MAKI Search „" FCC Wireless ( ULS CORES Help Tech Support C isssion 6 r fccinfa@iPcc,gov http:// wireless2. fcc. gov/ UlsApp /AsrSearch/asrRegistration.i sp ?regKey= 2600312 4/26/2005 ASR Registration 1236521 Page 1 oft t FCC Federal F-...c oorne s c7 t ' 1 Communications Commission 4 t Antenna Structure Registration `(C b `T -S > ASR > Online Systems > ASR Search FCC Ate Map ASR Registration Search Registration 1236521 f HELP '`. New Search DI' Return to Results Printable Page Reference Copy ration ex iU Reg Number 1236521 Status Granted File Number A0287523 Constructed FAA Study 01 -ASW- 3253 -OE EMI No FAA Issue 07/23/2001 NEPA No Date Structure Structure Type TANK - Any type of Tank (Water, Gas, etc) Location (in NAD83 Coordinates - Convert to NAD27) Lat /Long 30 -36 -48.7 N 096 -19 -02.9 W Park Place Elevated Water Storage Tank City, State College Station , TX Center of AM Array Heights (meters) Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL) 94.5 72.9 Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances 167.4 66.8 Painting and Lighting Specifications FAA Chapters 3, 4, 5, 12 Paint and Light in Accordance with FAA Circular Number 7017460 -1K Owner gi . Contact Information FRN 0004542437 Licensee ID L00341682 Owner College Station, City of P: (979)764 -3406 Attention To: Wireless Systems Manager E: P.O. Box 9960 College Station , TX 77842 Contact P: E: http: / /wireless2.fcc.gov /UlsApp/ AsrSearch /asrRegistration.jsp ?regKey= 2634714 4/26/2005 . ASR Registration 1236521 Page 2 of 2 Last Action Status Status Granted Received 11/84/2002 Purpose New Entered 11/04/2002 Mode Interactive Related Applications 11/04/2002 80287523 - New (NE) Comments Comments None Automated Letters 11/10/2003 ConstruconReminder, Reference 311229 11/05/2002 Authorization, Reference 242872 ASR Help ASR License Glossary ' FAQ 'OnUoe Help Documentation Technical Support ASR Online TOWAIR- C0DES/ASRReg|st[aUon - ASR Online Filing Application Search Systems Registration Search About ASR Privacy Statement About ASR ASR Home Registration | | Registration Nun� ��[ � Search / --~ v ~----' F[[ | Wireless | ULS | CORES Help | Tech Support Fedem|Con�n:x`{caUons[ 44� �Zrh 5�rep��vv TTY z-u88'TEL/-p[�(zu�O'ya •Vashnghun. D[20554 E fojnfo@hz.Q«« http://wireless2.fcc.gov/U1sApp/AsrSearch/asrRegistrationjsp?regKey=2634714 4/26/2005 ASR Registration 1021899 Page 1 of 2 FCC Federal Ft. Ii( rte j t Comrnunlcabons. Commtsvon 4 i s te„ a, .. • Antenna Structure Registration FCC > %JTa > ASR > Online Systems > ASR Search FCC Site Map ASR Registration Search Registration 1021899 ® HELP New Search ' Return to Results al Printable Page Et Reference Copy Reg Number 1021899 Status Constructed File Number A0409667 Constructed 06/19/1997 FAA Study 02- ASW- 2229 -OE EMI No FAA Issue 07/08/2002 NEPA No Date / <tt *nn,1 'qtr ti,._1 Structure Type POLE - Any type of Pole Location (in NAD83 Coordinates - Convert to NAD27) Lat /Long 30 -35 -46.0 N 096 -18 -31.0 W 2106 SOUTHWOOD DRIVE City, State COLLEGE STATION , TX Center of AM Array Heights (meters) Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL) 89.9 48.8 Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances 138.7 45.4 Painting and Lighting Specifications None sn >r 8= Contact 1nformatoon FRN 0001842921 Licensee ID L00129192 Owner HOUSTON CELLULAR TELEPHONE COMPANY, P: (972)733 -2000 L.P. E: KELLYE.E.ABERNATHY @ CINGULAR.COM Attention To: FCC GROUP 17330 PRESTON ROAD, SUITE 100A DALLAS , TX 75252 Contact ABERNATHY , KELLYE P: (972)733 -2092 17330 PRESTON ROAD, SUITE 100A E: KELLYE.E.ABERNATHY @CINGULAR.COM DALLAS , TX 75252 httn : / /wireless2.fcc.gov /U1sApp/ AsrSearch /asrRegistration.jsp ?regKey- 123673 4/26/2005 ASR Registration 1021899 Page 2 of 2 Last Action Status Status Constructed Received 11/11/2004 Purpose Admin Update Entered 11/11/2004 Mode Interactive Related Applications 11/11/2004 A0409667 - Admin Update (AU) 11/09/2004 A0405617 - Admin Update (AU) 07/20/2004 A0387306 - Notification (NT) All related applications (7) Comments Comments None Automated Letters 11/15/2004 Authorization, Reference 376434 11/10/2004 Application Receipt, Reference 368784 11/10/2004 Authorization, Reference 371437 All letters (8) ASR Help ASR License Glosses - FAQ - Online Help - Documentation - Technical Support ASR Online TOWAIR- CORES /ASR Registration - ASR Online Filing - Application Search - Systems Registration Search About ASR Privacy Statement - About ASR - ASR Home Registration 9 ° By Registration Number Search FCC Wireless i ULS CORES Help Tech Support PhOrl_. _ �� =1.. <_ .� _ • L-Mair fccinfo @fcc.gov httn: / /wireless2.fcc.aov /U1sAnn/ AsrSearch /asrRe2istration.i sp ?regKey= 123673 4/26/2005 L.3(.3 W - W W W W W W W - W W y n (1, CA In CA V, CA CA t./, V, V. 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A 0> W W N V 0 (O 0 N CO N W V 0 V ((0 0 W N OD N 43 (0 00 <D (n <O <O (n <O (n (0 <D in <O <O <O <0 <0 <0 <0 <0 <0 (D <D r a) 0 0 0 0) 0 0 0 0 0 0) W a) a) (0 0 m 0 W 0) 0) 0) 0 0) 0) 0) 0 0 0 N - W N W Co N N W W N W W W W W W W N W N W W • W O W no O 0 N CO V A 03 A 0 N N • W W • -4' W - N (D W 0? 0 0 A (D V 0 V tD 0 O V V V W ut N O A A 0 4) 0 0 0 C V 0 0 O N V N N 0 N CO CO N 0 0 0 c.) A O W W CO ON C N A V V 0 CO W O N 0 0 co V W N 0 W N V W - N + A co co .W+ V ( N O N O —I 0. O ° _ _ _, _, _, _, _, _, _ -•„„ O -• C. N4 " -‘ 0 CO O co 0 0 A 0) O N A co A O N Cn -' W W _ _ '' O >' 0 0 (r 0 N 0 0 CO CO t0 CO 0 0 .� 0 A 0 O (r (r O 1 n (0. ((0 3 K K 0 0 KKK K K 0 K 3 K K 3 0 0 0 O 0 0 0 (n c (n 0 0 0 0 c 7 7 (n 7 0 0 o> 0 0 7 0 0 cn 0 (0 0 o 0 c 0 0 0 0 0 o O 0) O 0 43 O - a 13 O 0 O a s O 0 - - O 0 0 m m (0 O O O 0 a 0 -8g 0 -8 0 a ` G m m 0 0 m(0 m W N 0 (D 0 m ( m 0 D C ) , S -I O Ft' 3 0 a < v 'O ((D j . o N c 0 ) . Z Z Z (n Z O 0 . Z 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 '• j D D D X D. 3 D a 7 D v D D D D D D D D D D D D D a^ a P, w (0 w ca '0 . D ( . 0 a D3 3 w )D * m m N y Co p Co AFFIDAVIT AREA SUPPORT STRUCTURES STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this the 29 day of April, 2005, appeared the undersigned, proved to me on the basis of sufficient identification to be Brandt Dozier, the site acquisition consultant working on behalf of Cingular Wireless who, after being sworn on his oath, deposes and says: "My name is Brandt Dozier and I a m over 21 years of age. My business address is 17314 SH 249, y Y g Y Suite 230, Houston, Texas 77064 and I am the site acquisition consultant who, on behalf of Cingular S Wireless, investigated the 0.50 mile radius around the proposed A & G Williams Family Partners, LTD. stealth telecommunications site and am, therefore, in a position to know the facts herein stated: Whereas, Cingular Wireless is requesting approval for a Conditional Use Permit (CUP) for the construction of a stealth cell tower to be located on the A & G Williams Family Partners, LTD property at 3111 Southwest Parkway E., College Station, Texas. By regulations set forth of the College Station Development Ordinance Section Q.10.b. the applicant is required to attest to the fact that the applicant made diligent, but unsuccessful, effort to obtain permission to install or collocate the new facility on existing towers or antenna support structures located within one -half mile radius of the proposed tower site. Now therefore, I, Brandt Dozier, the site acquisition consultant working on behalf of Cingular Wireless, state that there are no towers within one -half mile of the proposed tower site and that there is only one building within the one -half mile radius that could possibly be used as an antenna support structure. The R &S Leasing building located at 2405 Texas Avenue South declined when asked if they were interested in having Cingular Wireless install telecommunications equipment on their rooftop or replace an existing light pole in their parking lot to be used as stealth facilit " / FURTHER, AFFIANT SAYETH NOT. Brandt Dozier SWORN TO AND SUBSCRIBED BEFORE ME THIS (-Ur DAY OF , 2005 . JAACi: Printed Name: j2)1(, - Vim, . 1 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on zq , 2005, by Brandt Dozier. Notary Public, e of _ � �r • NICOLE R. ANDREPONT My Commission Expires: -) t � a MY COMMISSION EXPIRES Y p gfi May 18, 2008 AFFIDAVIT OF COMPLIANCE STATE OF TEXAS § COUNTY OF HARRIS § SENO BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this the 28 day of April, 2005, appeared the undersigned, proved to me on the basis of sufficient • • identification to be Shawndriea Thompson with Houston Cellular Telephone Company, d/b /a Cingular Wireless who has entered into a Ground Lease Agreement for the installation of a telecommunications facility on the following described land, and who, after being sworn on her oath, deposes and says: "My name is Shawndriea Thompson and I am over 21 years of age. My business address is 1001 West Loop South, Suite 300, Houston, Texas 77027 and I am the Site Acquisitions & Construction Manager for Houston Cellular Telephone Company, d/b /a Cingular Wireless, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company who has entered into a Ground Lease Agreement on the following described land and am, therefore, in a position to know the facts herein stated: .070 acres or 3,047 square feet, more or less, out of and a part of Brentwood - Section Four Re- subdivision, Lot 1R, Block 2 in Brazos County, Texas, being the same lands more particularly described in that certain Deed recorded Volume 735, Page 295 of the Official Public Records of Brazos County, Texas. This affidavit in reference to the above stated property, located at 111 Southwest Parkway E. in the City of College Station, State of Texas, confirms that Cingular Wireless is in compliance with all FAA regulations, FCC regulations and regulations of any other agency of the Federal Government with the authority to regulate telecommunications facilities. This Affidavit will not be construed to modify or amend the terms or conditions of the Ground Lease Agreement in any respect. FURTHER, AFFIANT SAYETH NOT. hawndriea Thomps I' Site Acquisition & Construction Manager SWORN TO AND SUBSCRIBED BEFORE ME THIS 28TH DAY OF APRIL , 2005 . Lickito _k4o Printed Name: O p4∎.. 1 Notary Public, State of Texas 1 STATE OF TEXAS § COUNTY OF i ', fl IS § BEFORE ME, the undersigned authority, on this day personally appeared Shawndriea Thompson, Site Acquisition & Construction Manager of Houston Cellular Telephone Company, L.P., d/b /a Cingular Wireless, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of New Cingular Wireless PCS, LLC, a Delaware limited liability company, and that she executed the same as the act of such Limited Liability Company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this IV day of -PCVIZAL , A.D. 2005. Notary Public: til(I)t : PPPNt My Commission Expires : q1E +1 i;6 :,, NICOLE R. ANDREPONT _ ` c MY COMMISSION EXPIRES ' ( `' May 16, 2005 Linear Separation Distance `/ Mile Radius *Note there are no towers within a' /2 mile radius of the proposed tower location. (Information based on FCC Registration and visual observation) 4„, 1 Mile Radius • • FCC Registration # 1235621 3 Owner: City of College Station Contact: Wireless Systems Manager — 979 - 764 -3406 PO Box 9960 College Station, TX 77842 Lat and Long: 30 -36 -48.7 96 -19 -02.9 a * *This is not a viable option because it is located out of our needed Radio Frequency area. FCC Registration # 1203487 Owner: College Station ISD Contact: George McLean — 409 - 764 -5443 2000 Welch College Station, TX 77840 Lat and Long: 30 -37 -24.7 96 -19 -14.8 * *This is not a viable option because it is located out of our needed Radio Frequency area. FCC Registration # 1021899 Owner: Cingular Wireless Contact: Kellye Abernathy — 972- 733 -2000 17330 Preston Road, Ste 100A Dallas, TX 75252 Lat and Long: 30 -35 -46.0 96 -18 -31.0 * *This is not a viable option because it is located out of our needed Radio Frequency area. FCC Registration # 1234544 Owner: Sprint Contact: Carla Wolfe 6391 Sprint Parkway Overland Park, KS 66251 Lat and Long: 30 -37 -10.5 96 -19 -16.4 * *This is not a viable option because it is located out of our needed Radio Frequency area as well as the tower is full. 0 s0 )1•jfl s i $ 4 °o a i m m � • o ,t w 4 r st r y N w V F -, • 1 1 1 4 '-' 1:! '-'... i E .of ' -- 1 • ' .. , : - _ 3 R 4 & N. 6. O ' 0 * / tee &. m y YYY V ° 1' t y .f �tl Fif , * �'4 4* =ii �' i ti ` W i .: k �{ F 6 i.. 6 11 y . >. < �'£ _ , 3 = IP - " ,s . .. ,, ..v im ;, ' s ¢ G t , •; , - i 4t 3 ..,r11f t W _ D N �d�f P - A i 2 .. - - £ . z t g o � ` 7h> • ' t.,_i H y r a •` �' '� z -.'iS';'''' C ingular WIRELESS Alb April 11, 2005 d X , Via Hand Delivery • alb City of College Station Wireless Communications Facilities 1101 Texas Avenue College Station, TX 77840 RE: Site Review Application Process Cingular #573 /Brentwood — Williams Lube King To Whom It May Concern: In accordance with the requirements for Application for Administrative Approval of a Wireless Telecommunciations Facility, please accept this letter as the declaration of the intent of Cingular Wireless to construct the proposed Wireless Telecommunication Facility in such a manner to allow the co- location of additional service providers on said tower. Thank you for your time and attention and should any further information be required in this regard, please do not hesitate to contact me. Sinc-rely, Shawndriea Thompson Site Acquisitions & Construction Manager 1001 West Loop South, Suite 300 • Houston, TX 77027 • Tel: (713) 850 -9933 • Fax: (713) 553 -2133 ASR Registration 1234544 Page 1 01 cc Federal _ m e ( St r h fi i t� i 7 :tf4 t i Communicat�ans Commtsson . w� Antenna Structure Registration [fC > FB > ASR > Online Systems > ASR Search [CC Site mop 1 Z ASR Registration Search Registration 1234544 {q, 'Ed HELP 411„1, New Search Li' Return to Results Printable Page Reference Copy arc ; safi:r aL ,.. )et € € • 011it Reg Number 1234544 Status Constructed File Number A0442134 Constructed 10/14/2002 FAA Study 02 -ASW- 1167 -OE EMI No FAA Issue 05/01/2002 NEPA No dor Date rftr rrrr.s Structure Structure Type TOWER - Free standing or Guyed Structure used for Communications Purposes Location (in NAD83 Coordinates - Convert to NAD27) Lat /Long 30 -37 -10.5 N 096 -19 -16.4 W H057XC851 205 Dominik City, State College Station , TX Center of AM Array Heights (meters) Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL) 92,1 25.7 Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances 117,8 25.1 Painting and Lighting Specifications None Crwrfe frif Contact :1nIorrnati n FRN 0003883352 Licensee ID L00060810 Owner Sprint P: (877)265 -6872 Attention To: Carla Wolfe E: SSUSARegulatory ©mail.sprint.com 6391 Sprint Parkway P.O. Box KSOPHT0101 -Z3390 Overland Park , KS 66251 Contact P: E: http: //w ireless2.fcc.gov /UlsApp/ AsrSearch /asrRegistration.jsp ?regKey= 2632690 4/26/2005 ASR Registration 1234544 Page 2 of 2 Last Action Status Status Constructed Received 03/29/2005 Purpose Admin Update Entered 03/29/2005 Mode Interactive Related Applications 03/29/2005 A0442.134 - Admin Update (AU) 04/25/2003 A0322327 - Admin Update (AU) 04/25/2003 A0322335 - Modification (MD) All related applications (8) Comments Comments None Automated Letters 03/30/2005 Authorization, Reference 417797 04/28/2003 Authorization, Reference 281821 04/28/2003 Authorization, Reference 281824 All letters (5) ASR Help ASR License Glossary - FAQ - Online Help - Documentation - Technical Support ASR Online TOWAIR- CORES /ASR Registration - ASR Online Filing - Application Search - Systems Registration Search About ASR Privacy Statement - About ASR - ASR Home Registration Search BY Registration Number saH FCC Wireless i ULS CORES Help Tech Support .,.. °h:IE Phone' °# E f r' t ,a fccinfo @fcc.gov http: / /wireless2.fcc.gov /UlsApp/ AsrSearch /asrRegistration.jsp ?regKey= 2632690 4/26/200.5 STEALTH CINGULAR • CONCEALMENT SOL NS, NC. SITE: COLLEGE STATION Date 12- 15 -05: PIQt•I�}7R�I .04704iMB JOB # CING- 51723H Scale: N/A D LNG RIO WOW PROPRIETARY INFORMATON LIGHT POLE/ FLAG POLE Drawn: GS THE INFORMATION CONTMNED WTMN TH6 DRANINO SET IS PROPRIETARY AND CONFIDENTYLL BY NATURE. ANY USE OR CONCEPT SKETCH DISCLOSURE OTHER THAN THAT WHICH RELATES TO STEALTH IOW NETWORK TECHNOIAGES IS STRICTLY PROHBfTED. P lala 26" 0 ^ 26' 0 J ✓� - , C _ t 0 OP 3 i 1- 0 oW o = o co w 0 0 W � Q M z Z 0 U 35'0 35'0 LIGHT POLE FLAG POLE Copyright 20a5 S STEALTI-Itanceahnent Solutions, Inc. All Rights Reserved a: wprx (1-1( 1)(5 X cingular WIRELESS (/( September 15, 2005 Molly Hitchcock, AICP • Staff Planner, Planning & Development Services City of College Station 11 0 To Ms. Hitchcock, • We are looking to build a site location 573 — Brentwood. This is a complete build that would service the area along Highway 507 and the Southwest parkway. We are planning to provide service to existing customers who are experiencing problems with our service in the area. We are planning a full build because currently there are no Cingular towers • IMO within the immediate area of proposed area. We are planning this site with a indoor cabinet (Ericsson 2206). This would provide the radios /capacity needed for the area and the amount of customers already in the area. Microcells were not proposed for the area for the following reasons: 1. Microcells are low powered devices which are mainly used for a small amount of traffic or a small amount of customers. 2. Since microcell are very low powered they are normally used with in- building solutions and areas that have a very small coverage goal. 3. Microcells normally have a coverage area of about ''/ of a mile coverage. Whereas, a regular cabinet covers about 1 mile. 4. Simply put it would require several strategically placed microcells within about 1 mile radius to do what Cingular is proposing for the area. Cingular believe that the proposed plan will provide the customers the coverage that they desire, reduce the number of complaints in the area and also reduce the number of cell sites proposed to the area. If you have any questions or concerns feel free to give me a call. Thanks for your consideration: M AX1/1466 0 Adrienne E. Gibson Senior RF Design Engineer ('INGUI,AR \1'1R1.1.IaS - SOUL II "1'X X adrienne.gibson @,cingular.com 1001 West Loop South, Suite 300 Houston, TX 77027 tel: 713/553 -2132 fax: 713/553 -2234 Cingular Wireless • 1001 West Loop South • Suite 300 • Houston, TX 77027 R f- ,SiGC3 c'0V_ Oct5 �-S�3 GROUND LEASE AGREEMENT THIS GROUND LEASE AGREEMENT ( "Agreement ") is made this l.) day of , 2005 by and between A &G Williams Family Partners, Ltd. ( "Lessor ") and Houston Cellular Teltrphone Company, L.P., by its general partner, Southwestern Bell Wireless, LLC, d/b /a Cingular Wireless, a Delaware Limited Partnership ( "Lessee "). I. LEASE AGREEMENT 111 4P 1. Premises. Lessor is the owner of certain real property located at 111 Southwest Parkway 4 E. in the City of College Station, State of Texas,. as more particularly described in Exhibit "A" annexed hereto (the "Parent Parcel "). For good and valuable consideration and the mutual promises herein set forth, Lessor hereby leases to Lessee and its assigns, a certain portion or portions of the Parent Parcel (the "Property "), together with easements for ingress, egress and utilities for the duration of this Agreement sir (collectively, the "Easements "). The Property together with the Easements are collectively the "Premises" and are more particularly described and/or depicted on Exhibit `B" attached hereto. Lessor (I n agrees and acknowledges that Lessee may at Lessee's sole cost and expense have a metes and bounds survey prepared of the Premises and that the legal description of the Premises as shown on the survey shall thereafter become the legal description of the Premises. 2. Commencement. The "Commencement Date" shall be the earlier of (a) December 31, 2005, or (b) the date upon which Lessee notifies Lessor that Lessee has received the last of the necessary environmental studies and reports and local, state and federal approvals, licenses and permits so as to permit construction (such approvals, licenses and permits hereinafter collectively called the "Approvals ") and is prepared to commence construction, provided that Lessee may notify Lessor of its intention to terminate this Agreement before the Commencement Date. 3. Lessor's Representations and Warranties. As an inducement for Lessee to enter into and be bound by the terms of this Lease, Lessor represents and warrants to Lessee and Lessee's successors and assigns that: (a) Lessor has good and marketable title to the Premises free and clear of all liens and encumbrances other than those liens and encumbrances shown on Exhibit "C" attached hereto. Lessee may at Lessee's sole cost and expense procure an abstract of title or a title insurance commitment to issue a policy of title insurance on the Premises. In the event that Lessee objects to any defect or cloud on title to the Premises, Lessee may declare this Lease to be void and of no further force or effect whereupon this Lease shall become null and void and there shall be no further liability on the part of Lessee to Lessor; and (b) Lessor has the authority to enter into and be bound by the terms of this Lease; and (c) There are no pending or threatened administrative actions including bankruptcy or insolvency proceedings under state or federal law, suits, claims or causes of action against Lessor or which may otherwise affect the Premises; and (d) The Premises are not presently subject to an option, lease or other contract which may adversely affect Lessor's ability to fulfill its obligations under this Lease and Lessor covenants that it shall not grant an option or enter into any contract which will adversely affect the Premises until this Lease expires or is terminated. RFE 'WED 1 Site Name: Brentwood 2 3 /Uft• Site #: 573 (e) These representations and warranties of Lessor shall survive the termination or expiration of the term of this Lease. 4. Inspections and Investigations. Lessor hereby grants to Lessee, its officers, agents, employees and independent contractors the right and privilege to enter upon the Premises at any time after the date of this Lease to perform or cause to be performed test borings of the soil, environmental audits, engineering studies and to conduct a survey of the Premises. Lessor shall provide Lessee with any necessary keys or access codes to the Property if needed for ingress and egress, and Lessee agrees that it shall not unreasonably interfere with Lessor's use of the Property in conducting these activities. Upon completion of the inspections and investigations allowed by this Section 4, Lessee shall restore the Premises to the condition at commencement of the Lease and shall indemnify Lessor from all claims for damages caused by Lessee's inspection and investigation activities on the Premises. 5. Further Acts. Lessor shall cooperate with Lessee in executing any documents necessary to protect Lessee's rights under this Lease or Lessee's use of the Premises and Lessor agrees to take such action as Lessee may reasonably require to effect the intent of this Lease. Lessor hereby irrevocably appoints Lessee or Lessee's agent as Lessor's agent to file applications on behalf of Lessor with federal, state and local governmental authorities which applications relate to Lessee's intended use of the Premises including but not limited to land use and zoning applications. Lessor shall not be required to pay any costs associated with Lessee's obligations under this Section 5. 6. Use. The Premises may be used by Lessee for the transmission and receipt of wireless communication signals in any and all frequencies and the construction, maintenance, and operation of towers, antennas, or buildings, and related facilities and activities ( "Intended Use "). Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense, all licenses and permits required for Lessee's use of the Premises (the "Governmental Approvals "). Lessee may construct additional improvements, demolish and reconstruct improvements, or restore replace and reconfigure improvements at any time during the Initial Term or any Renewal Term of this Lease. 7. Initial Term. The term of this Lease shall be five (5) years commencing on the Commencement Date and terminating on the fifth anniversary of the Commencement Date ( "Initial Term "). 8. Renewal Terms. Lessee shall have the right to extend this Lease for five (5) additional five (5) year terms ( "Renewal Terms "). Each Renewal Term shall be on the same terms and conditions as set forth in this Lease except that Rent shall increase as provided in Paragraph 9(c). This Lease shall be automatically renewed for each successive Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to renew the Lease at least thirty (30) days prior to the expiration of the Initial Term or the Renewal Term which is then in effect. 9. Consideration. a During the Initial Term, Lessee shall pay Lessor th . per annum to be paid in equal monthly installment as rental ( "Rent "). Rent shall be payable on the first day of each month in advance to Lessor at Lessor's address as specified in Paragraph 23 below; (b) If this Lease is terminated at a time other than on the anniversary of the Commencement Date, Rent shall be prorated as of the date of termination ( "Termination Date "), and in the event of termination for any reason other than nonpayment of Rent, all Rents paid in advance of the Termination Date for that period after the Termination Date shall be refunded to Lessee; and 2 Site Name: Brentwood Site #: 573 (c) In the event that Lessee elects to renew this Lease as provided in Paragraph 8, Rent during each Renewal Term shall increase byalliMilW over the Rent payable during the immediately preceding term. 10. Lessor's Representations and Warranties. Lessor represents and warrants that to the best of the Lessor's knowledge without the duty to investigate (i) Lessee's Intended Use of the Premiscs as a site for the transmission and receipt of wireless communication signals; for the construction and maintenance of towers, antennas or buildings; and related facilities is not prohibited by any covenants, restrictions, reciprocal easements, servitude's, subdivision rules or regulations; (ii) there are no easements, licenses, rights of use or other encumbrances on the Premises which will interfere with or constructively prohibit Lessee's Intended Use of the Premises other than the note and liens held by Compass Bank on the premises; and (iii) Lessor further represents and warrants that the execution of this Lease by Lessor will not cause a breach or an event of default of any other agreement to which Lessor is a party other than the note and liens held by Compass Bank on the Premises. 11. Conditions Subsequent. In the event that Lessee's Intended Use of the Premises is actually or constructively prohibited through no fault of Lessee then, without limiting any other remedy in law or equity, Lessee shall have the option to terminate this Lease and Lessee shall be entitled to a refund from Lessor of Rent paid in advance to Lessor which sums were paid prior to the date upon which Lessee gives Lessor notice of its intent to terminate this Lease pursuant to this paragraph, save and except $250.00, which shall be retained by Lessor to cover administrative costs of Lessor. 12. Interference. If Lessor seeks to lease or license the Premises or any portion of the Parent Parcel to another entity that transmits radio waves, Lessor shall advise Lessee prior to executing the lease or license documents and provide Lessee with contact information for the prospective new licensee or lessee such that Lessee can contact the prospective lessee or licensee to insure that their use shall not interfere with Lessee's Intended Use of the Premises. Lessor also agrees to not allow any third party to which Lessor leases or licenses any portion of the Parent Parcel to obstruct Lessee's access to the Premises. 13. Improvements; Utilities; Access. (a) Lessee shall have the right, at Lessee's sole cost and expense, to erect and maintain on the Premises, improvements, personal property and facilities, including without limitation, towers, structural tower base(s), radio transmitting and receiving antennas, communications equipment, equipment cabinet(s) and/or shelter(s) and related facilities (collectively the "Tower Facilities "). The Tower Facilities shall remain the exclusive property of the Lessee throughout the term and upon termination of this Lease. Lessee shall remove all of the aboveground portions of the Tower Facilities following any termination of this Lease within thirty (30) days and shall restore the surface thereof to good, useable condition. Lessor grants Lessee the right to clear all trees, undergrowth, or other obstructions and to trim, cut, and keep trimmed and cut all tree limbs which may interfere with or fall upon the Tower Facilities or Premises. Lessor grants Lessee a non - exclusive easement in, over, across and through other real property owned by Lessor as reasonably required for construction and installation of the Tower Facilities for a maximum 90 day construction period, as long as it does not interfere with the day to day operations of the Williams Lube King business. (b) Lessee shall have the right to install utilities, at Lessee's expense, and to improve present utilities on the Premises (including but not limited to the installation of emergency power generators). Lessee shall have the right to permanently place utilities on (or to bring utilities across or under) the Premises and the Tower Facilities in such locations approved by Lessor. Lessor shall, upon Lessee's request, execute a separate written easement to the utility company providing the service for 3 Site Name: Brentwood Site #: 573 Lessee in a form which may be filed of record evidencing this right. (c) If no public road exists by which Lessee can access the Premises or if an existing public road ceases to exist in the future, Lessor will grant an appropriate easement to Lessee, Lessee's sublessee's and assigns so that Lessee may, at its own expense, construct a suitable private access drive to the Premises and the Tower Facilities. To the degree such access is across other property owned by Lessor, Lessor shall execute an easement evidencing this right and Lessor shall maintain access to the Easement in a free and open condition so that no interference is caused to Lessee by other lessees, licensees, invitees or agents of Lessor which may utilize the Easement, provided that Lessee shares in the maintenance thereof. 14. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability upon written notice as follows: (a) By the non - defaulting party upon a default of any covenant or term hereof other than the payment of rent by the defaulting party which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); provided, that if the defaulting party commences efforts to cure the default within such period, the non - defaulting party shall not be entitled to declare a default; as long as the attempts to cure are in a diligent and continuous manner thereafter; (b) Upon thirty (30) days' written notice by Lessee to Lessor if Lessee is unable to obtain or maintain through no fault of Lessee any license, permit or other Governmental Approval necessary to the construction and operation of the Tower Facilities or Lessee's business; (c) By Lessor upon Lessee's failure to pay rent when due followed by Lessee's failure to cure such breach within five (5) business days after Lessor has given written notice provided that Lessor shall have no right to terminate this Lease after only one (1) late rent payment in a calendar year, which late payment shall bear a late fee of one hundred dollars ($100) but Lessor does have the right to terminate this Lease if there is more than one late payment within one calendar year; or (d) By Lessee for any reason upon thirty (30) days prior notice and the payment of six (6) months of then - current rent. 15. Subleases. Lessee at its sole discretion shall have the right, without the consent of Lessor, to license or sublease all or a portion of the Premises and the Tower Facilities to others whose business includes the provision of wireless communication services. Lessee's licensee(s) and sublessee(s) shall be entitled to modify the Tower and to erect additional improvements on the Premises including but not limited to antennas, dishes, cabling, additional storage buildings or equipment shelters as are reasonably required for the operation and maintenance of the communications equipment to be installed on the Premises by said licensee(s) and sublessee(s). Lessee's licensee(s) and sublessee(s) shall be entitled to all rights of ingress and egress to the Premises and the right to install utilities on the Premises as if said licensee or sublessee were the Lessee under this Lease; subject to Lessor's approval, which approval shall not be unreasonably denied, delayed, or conditioned. 16. Taxes. Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Tower Facilities. Lessee shall also pay when due all real property taxes and all other fees and assessments attributable to the Premises. 17. Damage or Destruction. If the Premises are destroyed or damaged so as to hinder the effective use of the Tower Facilities in Lessee's judgment, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Lessor. In such event, all rights and obligations 4 Site Name: Brentwood Site #: 573 of Lessee to Lessor shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any Rent prepaid by Lessee. 18. Condemnation. If a condemning authority takes all of the Property or the Premises, or a portion of the Premises which is sufficient in Lessee's and Lessor's joint determination, to render the Premises unsuitable for the use which Lessee was then making of the Premises, this Lease shall terminate as of the date the title vests in the condemning authority. Lessor and Lessee shall share in the condemnation proceeds in proportion to the values of their respective interests in the Premises (which for Lessee shall include, where applicable, the value of its Tower Facilities, moving expenses, prepaid rent and business dislocation expenses) only if such expenses were allocated and paid by the condemning authority. A sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of eminent domain power shall be treated as a taking by condemnation for the purposes of this paragraph. 19. Environmental Compliance. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any contaminants, oils, asbestos, PCB's, hazardous substances or wastes as defined by federal, state or local environmental laws, regulations or administrative orders or other materials the removal of which is required or the maintenance of which is prohibited, regulated or penalized by any federal, state or local government authority ( "Hazardous Materials ") on, under, about or within the Premises in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Materials on, under, about or within the Premises in violation of any law or regulation. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Premises in violation of any law or regulation. This Lease 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 Premises through no fault of Lessee after Lessee takes possession of the Premises and Lessee shall be entitled to a refund of all the consideration paid in advance to Lessor under this Lease. 20. Indemnification. (a) General. Lessor shall exonerate, hold harmless, indemnify, and defend Lessee from any claims, obligations, liabilities, costs, demands, damages, expenses, suits or causes of action, including costs and reasonable attorney's fees, which may arise out of (i) any injury to or death of any person; or (ii) any damage to property, if such injury, death or damage arises out of or is attributable to or results from the acts or omissions of Lessor, or Lessor's principals, employees, agents or independent contractors. Lessee shall exonerate, hold harmless, indemnify, and defend Lessor from any claims, obligations, liabilities, costs, demands, damages, expenses, suits or causes of action, including costs and reasonable attorney's fees, which may arise out of (i) any injury to or death of any person; or (ii) any damage to property, if such injury, death or damage arises out of or is attributable to or results from the acts or omissions of Lessee, or Lessee's employees, agents or independent contractors. (b) Environmental Matters. Lessor, its heirs, grantees, successors, and assigns shall indemnify, defend, reimburse and hold harmless Lessee from and against any and all environmental damages arising from the presence of Hazardous Materials upon, about or beneath the Premises or arising in any manner whatsoever out of Lessors' violation of any environmental requirements pertaining to the Premises and any activities thereon by Lessor, which conditions exist or existed prior to or at the time of the execution of this Lease or which may occur at any time in the future, during the time of this Lease, through no fault of Lessee. Lessee, its heirs, grantees, successors, and assigns shall indemnify, defend, reimburse and hold harmless Lessor from and against any damages arising out of any of the following conditions that occur during the term of this Lease through no fault of Lessor: (i) any and all 5 Site Name: Brentwood Site #: 573 environmental damages arising from the presence of Hazardous Materials upon, about or beneath the Premises due to the acts or omissions of Lessee or its contractors, employees or agents, or (ii) Lessee's violation of any environmental laws pertaining to the Premises. Each party shall notify the other party of the discovery of any Hazardous Materials on the Premises. (c) The provisions of this Section shall survive the expiration or termination of this Lease. 21. Right of First Refusal. During the Initial Term and any Renewal Terms of this Lease, Lessor shall, prior to selling the Premises or any property of which the Premises is a part, notify Lessee in writing of the sale price and terms offered by a third party, together with a copy of the third party's offer. Lessee shall have the right of first refusal to purchase the property, improvements and the business being sold by Lessor on the same terms and conditions. Lessee shall give Lessor notice of its intention to purchase the same within thirty (30) days of receipt of Lessor's notice. If Lessee gives no such notice of its intention to purchase the property, Lessor may sell the property to the third party on the stated terms and price, as long as such sale is made subject to the terms of this Lease. Notwithstanding the foregoing, Lessee shall not have a right of first refusal to purchase the Premises and the Easement in those instances in which Lessor is an individual and Lessor proposes to convey the real property to another member of Lessor's family; or to an entity or trust owned by Lessor or for the benefit of Lessor or its family; however, the Premises shall be conveyed subject to this Lease. 22. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given or mailed, when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, or, if personally delivered via a nationally recognized overnight delivery service, effective upon receipt, to the following addresses or to such other addresses as may be specified in writing at any time during the term of this Lease: If to Lessor, to: Name: A &G Williams Family Partners, Ltd. Address: 111 Southwest Parkway East College Station, Texas 77840 Phone: 979- 696 -6189 Federal I.D. or Social Security No.: 74- 2933793 If to Lessee, to: Name: Cingular Wireless Address: 1001 West Loop South, Suite 300 Houston, TX 77027 Attention: Real Estate and Network Operations With a copy to: Name: Cingular Wireless Address: 6100 Atlantic Blvd. Norcross, GA 30071 Attention: Real Estate and Contracts 6 Site Name: Brentwood Site #: 573 23. Title and Quiet Enjoyment. Lessor warrants and represents that (i) it has the full right, power, and authority to execute this Lease; (ii) it has good and marketable fee simple title to the Premises free and clear of any liens and encumbrances or mortgages save and except the Compass Bank notes and Liens; and (iii) the Premises may be leased without the need for any subdivision or platting approval. Lessor covenants that Lessee shall have the quiet enjoyment of the Premises during the term of this Lease provided Lessee is not in default herein. Lessor shall indemnify Lessee from and against any loss, cost, expense or damage including attorneys fees associated with a breach of the foregoing covenant of quiet enjoyment. 24. Assignment. Any sublease, license or assignment of this Lease that is entered into by Lessor or Lessee shall be subject to the provisions of this Lease. Lessee may assign this Lease without the consent of Lessor. Additionally, Lessee may mortgage or grant a security interest in this Lease and the Tower Facilities, and may assign this Lease and the Tower Facilities to any such mortgagees or holders of security interests including their successors and assigns (hereinafter collectively referred to as "Secured Parties "). If requested, Lessor shall execute such consent to leasehold financing as may reasonably be required by Secured Parties. Lessor agrees to notify Lessee and Lessee's Secured Parties simultaneously of any default by Lessee and to give Secured Parties the same right to cure any default as Lessee except that the cure period for any Secured Party shall not be less than ten (10) days after the receipt of the default notice If a termination, disaffirmance or rejection of the Lease pursuant to any laws (including any bankruptcy or insolvency laws) by Lessee shall occur, or if Lessor shall terminate this Lease for any reason, Lessor will give to the Secured Parties prompt notice thereof and Lessor will give the Secured Parties the right to enter upon the Premises during a thirty (30) -day period commencing upon the giving of written notice to the Secured Party for the purpose of removing any Tower Facilities, provided that such secured party pays rent to Lessor during such period and restores the Premises to good condition, reasonable wear and tear excepted, and indemnifies Lessor from all claims, costs and damages associated therewith. 25. Successors and Assigns. This Lease shall run with the Premises and shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns. 26. Waiver of Incidental and Consequential Damages. Lessor will not assert any claim whatsoever against Lessee for loss of anticipatory profits or any other indirect, special, incidental or consequential damages incurred by Lessor as a result of the construction, maintenance, operation or use of the Premises by Lessee or its agents, licensees' or sublessees' as long as Lessee does not interfere with the day -to -day operations of Lessor's business 27. Miscellaneous. (a) The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attomey's fees and court costs, including appeals, if any. (b) Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of Lessor and Lessee with respect to the subject matter of this Lease, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by Lessor and Lessee. 7 Site Name: Brentwood Site #: 573 (d) If either Lessor or Lessee is represented by a real estate broker in this transaction, that party shall be fully responsible for any fees due such broker and shall hold the other party harmless from any claims for commission by such broker. (e) Lessor agrees to cooperate with Lessee in executing any documents necessary to protect Lessee's rights under this Lease or Lessee's use of the Premises, including but not limited to affidavits relating to title curative measures and subordination and non disturbance agreements and to take any further action which Lessee may reasonably require as to effect the intent of this Lease. (f) This Lease shall be construed in accordance with the laws of the state in which the Premises is situated. (g) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. (h) Simultaneous with the execution of this Lease, Lessor shall execute and deliver to Lessee a Memorandum of Lease, which Lessee may file of record in the property records in the county in which the Premises are located, which sets forth the names and addresses of Lessor and Lessee, the legal description of the Parent Parcel and the Premises, the duration of the Initial Term and the quantity and duration of the Renewal Terms. {i} In the event the Premises is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish, within thirty (30) days written request by Lessee, a non - disturbance agreement to the effect that Lessee and Lessee's sublessees or licensees will not be disturbed in the occupancy of the Premises by any foreclosure; provided that the rights and interests of Lessee under this Lease shall be subject and subordinate to such mortgage or deed of trust. (j) Lessee may obtain title insurance on its interest in the Premises and Easement, and Lessor sha cooperate by executing documentation required by the title insurance company. (k) Lessor hereby irrevocably appoints Lessee or Lessee's agent as Lessor's agent to file application behalf of Lessor with federal, state and local governmental authorities which applications relate to Lessee's intended use of the Premises including but not limited to land use and zoning applications. (1) This Lease may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by the each of the parties, it being understood that all parties need not sign the same counterpart. (m) Lessor will not, during the term of this Lease together with any extensions thereof, enter into any other lease, license, or other agreement for a similar purpose as set forth herein, on or adjacent to the Property. (n) Lessee agrees to restore premises to its original condition as of the execution of this Lease, normal wear and tear excepted. 29. Confidentiality. Lessor shall not disclose to any third party the terms (including Rent payable by Lessee) of this Lease and shall treat such information as confidential, except that Lessor may disclose such information to prospective buyers, prospective or existing lenders, to Lessor's affiliates and attorneys, to income tax and ad valorem taxing authorities or as may be required by law or as may be necessary for the enforcement of Lessor's rights under this agreement. Lessor acknowledges that the 8 Site Name: Brentwood Site N: 573 disclosure of such information to any other parties may cause Lessee irreparable harm, and in the event of such disclosure, as an additional remedy, Lessee shall have the right to terminate this Lease upon giving thirty (30) days written notice thereof to Lessor. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the date first written above. LESSOR: A &G Williams Family Partners, Ltd. By: CP C... Print Name Garlan E. Williams Title: B �.�t/ Print Name: Alvin E. Williams Title: LESSEE: Houston Cellular Telephone Company, L.P., d/b /a Cingular Wireless, by its general partner, New Cingular Wirel ss PCS, L . By: Name: Shaun P. Rickman Title: Real Estate & Construction Manager — South Texas Network NOTARY ACKNOWLEDGMENT FOR INDIVIDUALLESSOR: STATE OF COUNTY OF r'(a I, EL_(Z_, MX y JC , a Notary Public of the County and State aforesaid, certify that Garland E. Williams, art y% of A &G Williams Family Partners, Ltd. came before me this day and aelcnoirledged the ecution of the foregoing instrument. Witness my hand and official stamp or seal, this 2, day of V,V114,1Aj , 2005. K u way p side of TOM My commission expires: kv comm i s sion BOW •,�, JULY 17, 2007 9 Site Name; Brentwood Site #: 573 STATE OF T.Qg6 COUNTY OF 130,205 I, ....1, 1. J _„111k,;, , a Notary Public of the County and State aforesaid, certify that Alvin E. Williams, , 1r.'�- hilt of A &G Williams Family Partners, Ltd. came before me this day and ackn .wledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this . day of & A , L _I j , 2005. ,E pn [ •: TK��!l� �Texes 1 eta` • t". '4/ ,Expires 1 My commission expires: k ;io *M Y 17, 2007 1 NOTARY ACKNOWLEDGEMENT FOR INDIVIDUAL LESSEE THE STATE OF TEXAS COUNTY OF 1-,..L./ t!i.. + c� . BEFORE ME, the undersigned authority, on this day personally appeared Shaun P. Rickman, Real Estate & Construction Manager, South Texas Network , of Houston Cellular Telephone Company, L.P., d/b /a Cingular Wireless, by its general partner, New Cingular Wireless PCS, LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of New Cingular Wireless PCS, LLC, and that he executed the same as the act of such Limited Liability Company for the purposes and consideration therein expressed, and in the capacity therein stated. r GIVEN UNDER MY HAND AND SEAL OF OFFICE, this / Y�1 day of c --- a / - A.D. 2005. / (( rt - , ." / .' / - i (,)/ Notary Public in and for the State of Texas �``��Q �Y 0 / �: /` _ U '�; `' .. ;.tom My Commission Expires. , : " 1 \ R 1 10 Site Name: Brentwood Site #: 573 EXHIBIT "A" DESCRIPTION OF PARENT PARCEL The Parent Parcel is described and/or depicted as follows: Being all that certain lot, tract or parcel of land Tying and being situated in Brazos County, Texas, and being Lot Three R -One (3R -1), Block Two (2), Brentwood, Section Four Resubdivision, an addition to the City of College Station, Brazos County, Texas, according to the Plat thereof recorded in Volume 1810, Page 283, Official Records of Brazos County, Texas. 11 Site Name: Brentwood Site #: 573 EXHIBIT "B" DESCRIPTION OR DEPICTION OF PREMISES An approximately 85' x 100' tract of land, together with easements for ingress, egress and utilities described or depicted as follows: . .,::.. _... _ : { +. t a f 1! k i !l..:w i i , -I LL w 5: Y 1 ,r. . \:: '' . . t j Si. .. 4,,......m.. jo � I \ I i �1 \ ( 1 .r. ' of 9 -e / Lessor Initials: 014 Lessee Initials: • . iro Notes: 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Width and locality of access road shall be the width required by the applicable governmental authorities and utility providers, including police and fire departments. 12 Site Name: Brentwood Site #: 573 EXHIBIT "C" LIENS AND ENCUMBRANCES Compass Bank P.O. Box 4444 Houston, TX 77210 -444 13 Site Name: Brentwood Site #: 573 Cingular #573 (05 -78) Application Requirements /Submittals Section 6.3.T.8.b Inventory of applicant's existing and future towers (including location, design, and heights) • Submittal A: "5 Year Future Plan with Existing Towers and Search Ring" with inventory Master list of existing towers (including name, address and telephone number of owner or record; locations by address and legal description; heights; number of antenna arrays; and telephone numbers of all other users) • Submittal B: "Existing Sites – ETJ Inventory Map" with inventory Section 6.3.T.8.c Site plan • Submittal C: Full size site plan (flagpole) • Submittal D: Reduced size site plan (flagpole) • Submittal E: Reduced size site plan (light pole) Section 6.3.T.8.d Linear separation distance from other towers within 1 mile • Submittal F: "Linear Separation Distance" • Submittal G: "1/2 Mile Radius with Existing Towers (non Cingular)" Linear separation distance from residentially -zoned properties, residential structures, and thoroughfares within 500 feet • Submittal H: "Linear Distance to R -1 = Approx. 450" • Submittal I: "Linear Distance to Major Thoroughfares" Section 6.3.T.8.e Visual impact analysis (minimum 4 views; view from closest residential property; view from adjacent roadways) —show skyline view • Submittal J: 4 photos Section 6.3.T.8.f Sturdy design stamped by Engineer • Due at time of building permit Section 6.3.T.8.g Affidavit confirming compliance with applicable regulations • Submittal K: "Affidavit of Compliance" Section 6.3.T.8.h Propagation map of the service area for existing and future structures for a period of not Tess than 5 years (should include map with "search ring" required for siting the proposed tower) • Submittal A: "5 Year Future Plan with Existing Towers and Search Ring" with inventory • Submittal L: "Lost/Dropped Calls" Section 6.3.T.9 Letter declaring intent and willingness to design for collocation • Submittal M: Letter from Shawndriea Thompson (Cingular Wireless) Section 6.3.T.10.a Names, addresses, and telephone numbers of all towers or usable antenna support structures within a 1/2 mile radius • Submittal F: "Linear Separation Distance" , n t ffr-4 t.- L Y yt, `: 1 9/ u5 • Submittal N: "Antenna Structure Registration" Section 6.3.10.b Affidavit that diligent efforts (spelled out) were made to collocate or install on existing structures • Submittal 0: "Affidavit: Area Support Structures" Section 6.3.10.c Description of design plan • Submittal P: Stealth Concealment Solutions, Inc. "Light Pole /Flag Pole Concept Sketch" • Submittal C: Full size site plan (flagpole) • Submittal D: Reduced site plan (flagpole) • Submittal E: Reduced site plan (light pole) Demonstrate need for towers • Submittal Q: "Coverage for all of ETJ Map" • Submittal L: "Lost/Dropped Calls" • Submittal R: "Brentwood Site Proposed Area" Why technological design alternatives can not be used • Submittal S: Letter from Adrienne E. Gibson (Cingular Wireless) Additional Submittals • Submittal T: "Ground Lease Agreement"