ORDER NO. 27545
AGF'ROVAL OF SHERIFF'S DEF'RRTMENT RADIO F'ROSECT
AND REMAINING LERSES
On this the 13th day of May 2002, upon motion made by
Commissioner Let z, seconded by Commissioner Griffin, the Court
unanimously approved by a vote of 4-0-0, the leases and
license agr^eements for• the remaining two towers and authorize
County Sudge to sign same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY TAE COURT.
MADE BY: Fred Henne ~ OFFICE: County Judge
MEETING DATE: May 13 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss status of Sheriffs Department Radio Project and approval of remaining leases,
etc.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Judge/Sheriff
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
The following aze the financial requirements for using the 5 Star radio towers for the new
radio system for the Sheriff s Department:
1. West Tower - $2000 per yeaz rent to tower owner plus Kerr County to build
building for our equipment, and Kerr County to construct road and fences from
Hwy 41 to tower.
2. East Tower - $2000 per yeaz to tower owner plus Kerr County to pay one-time
$2500 "sing--up bonus" and $250 per month to landowner (with 3% escalation
per yeaz starting 10/01/03.)
Once we sign up these remaining two leases, the actual work of constructing and
implementing the new system can begin.
Page i of ~
Pollard 8~ Monrce
From: "Nancy Rector' <ngrector(ci7ktc.com>
To: <tpollard@ktc.com>
Sent: Tuesday, May 07, 2002 4:48 PM
Attach: Docl4red -Communications Agreement - Parker.wpd; Doc14 -Landowner Consent.wpd
Subject: Parker/County Communications Agreement
Tom,
Per my conversation with Sam, attached is a redline version of Scott's changes to the Communication Agreement. The
spacing on the last set of signatures is spaced correctly in the final version. Also attached is a separate Landowner
Consent to Sublicense.
Nancy Gray Rector
Five Star Wireless
Phone: 830-257-9126
Fax: 830-257-9185
05/07/2002
LANDOWNER CONSENT TO SUBLICENSE
WHEREAS, the undersigned Landowners entered into a lease agreement with Texas
RSA15B2 Limited Partnership as Lessee, dated ,the "Agreement" for the lease of
certain real property in Kerr County, Texas, more particularly described in Exhibit A attached hereto,
hereinafter the "Leased Premises; and
WHEREAS, the terms of such Agreement prohibit Lessee from subletting or sub-licensing
the use of the Leased Premises without the consent of Landowners; and
WHEREAS, Kerr County desires tosublet orobtain asub-license from Lessee for use of the
Leased Premises, and Lessee has agreed, subject to obtaining Landowner's consents, to sublet or
sub-license the Leased Premises to Kerr County upon terms and conditions set out in that certain
agreement between Kerr County and Lessee titled "Communications Facilities Site License
Agreement", hereinafter the "Sub-license Agreement", a copy of which is attached hereto; and
WHEREAS, Landowners are agreeable to giving consent to the Sub-License Agreement upon
the terms and conditions set out herein:
NOW, THEKEFORE, the Landowners and Ken• County agree as follows:
Kerr county agrees to:
A. Construct an all weather road feet in width at the location shown on Exhibit A
attached hereto, the "Road", generally from the North line of the State Highway 41
Right-of--Way along and to the west of the landowners eastermost property line, to
the location of the subleased site on the Leased Premises;
B. Construct adeer-proofhigh fence along the western boundary ofthe all weather road
right-of--way from the Landowners fence along the North right-of--way of State
Highway 41 to, and connecting to, the security fence surrounding the improvements
on the Leased Premises at the subleased Site, creating an access lane 50 feet in width;
C. Construct a 'wide high gate in the Landowners' fence on the Northright-of-
way line of State Highway 41 for access to the road across the Leased Premises.
2. In consideration of Kerr County's promise to construct the road, fence and gate as set out
above, and the performance of such promise, Landowners hereby consent to Texas
RSA15B2's sub-license of the i.eased Premises to Ken County.
3. Upon completion of the road, Texas RSA15B2 agrees to abandon its easement across
Landowner's property of record at Volume 783, Page 210, Real Property Records of Kerr
County, Texas, and thereafter its access to the Site will be via the Road through the access
lane.
In the event that Licensee fails to complete the Road and fence as set out above within a
reasonable time, which in no event shall be more than sixty (60) days following either: 1)
Commencement ofthe construction thereof, or 2) Licensee's first occupation of the Site, whichever
occurs first, Landowner may serve notice on License that construction has not been completed. Such
notice shall be in writing and maybe hand-delivered or sent by Certified United States Mail, Return
Receipt Requested, or by Federal Express or like service, or by courier. Licensor shall thereafter
complete the construction within thirty (30) days following its receipt of such notice, and in the event
Licensee fails to do so, Landowners, at their discretion, may withdraw this consent to sub-license,
ab initio, and the same shall be of no further force and effect.
This agreement and the rights, duties and obligations conferred or imposed upon the parties
hereby, are performable in Kerr County, Texas and venue in any dispute between the parties hereto
arising out of this Agreement shall he in a District Court or other court of competent jurisdiction
sitting in Kerr County, Texas.
-2-
Executed as of the date appearing below by each signature.
LICENSOR:
TEXAS RSAISB2 LIMITED PARTNERSHIP
Signature:
Title:
LICENSEE:
KF,RR COUNTY
Signature:
Title:
LANDOWNERS:
JOSEPHINE CARR SCHREINER TRUST:
E. C. Parker, Jr., Trustee
By
Josephine Schreiner Parker, Trustee
By
Scott Schreiner Parker, Trustee
Date:
B~
E. C. Parker, III, Trustee
Date:
Tobin M. Pazker, Trustee
Date:
Date:
Date:
JOSEPHINE SCHREINER PARKER TRUST:
By
E. C. Pazker, Jr., Trustee
Date:
By
Josephine Schreiner Parker, Trustee
Date:
By
Scott Schreiner Pazker, Trustee
Date:
By
E. C. Parker, III, Trustee
Date:
By
Tobin M. Pazker, Trustee
-3-
Page ] of 2
EXHIBIT A
LEASED PREMISES
Being 10.0414 acres of land out of G.C.&S.F.K.R. Co. Survey No. 1071, Certificate No.
1 /26, and being a part of a certain 4753.235 acre tract of land, said tract of land being the same and
identica14499.745aere tract partitioned to Landowners by Partition Deed dated Mazch 18, 1980, of
record at Volume 237, Pagc 215 of the Decd Records of Kerr County, Texas, AND that certain 376.0
acre tract exchanged to Landowners from Robert B. Berryman and LESS AND EXCEP"1"that certain
122.51 acre tract exchanged to Robert B. Berryman by Landowners, both by Exchange Deed dated
July 1, 1987 ofrecord at Volume 434, Page 273 of the Real Property Records of Kerr County, Texas,
to which instruments and their record reference is here made For all purposes, said 10.0414 acres
being more particularly described by metes and bounds as follows, to-wit:
Beginning at the southeastern most corner of said 4753.235 acre tract, said corner
being the northeast corner of that 0.094 acre tract conveyed as pazcel 8 to the State
of Texas by Deed dated February 21, 1957 ofrecord in Volume 103 at Page 184 of
the Deed Records of Kerr County, Texas, for the southeast of the herein described
lease property;
Thence with a south property line and the north right-of--way line of State I Iighway
41 along a curve to the left having a central angle of 06°02'29", a radius of 5789.65
feet and a long chord of S.75°10'46" W. , 610.18 feet, a distance of 610.46 feet to a
point;
Thence not with a property line north 823.71 feet and east 589.88 feet to a point in
the east property line of said 293 acre tract;
Thence with the east property line of said 4753.235 acre tract south 667.63 feet to the
place of beginning and containing 10.0414 acres of land more or less.
-4-
COMMUNICATIONS FACILITIES
SITE LICENSE AGREEMENT
TEXAS RSA 152B2 LIMITED PARTNERSHIP (Licensor) hereby grants a license, as of
the Site License Date written below, to the named Licensee to install, operate, maintain and remove
communications equipment at the named Site, under the conditions specified below and in
accordance with the applicable General Terms and Conditions.
THE JOSEPHINE CARR SCHREINER ~`1RUST AND THE JOSEPHINE
SCHREINER PARKER TRUST for and the consideration described in Exhibit C hereby consents
to this Site License Agreement to the named Licensee to install, operate, maintain and remove
communications equipment at the named Site, under the conditions specified below and in
accordance with the applicable General Perms and Conditions.
Landowner does further consent to the construction and instal lation of a new all weather road
and fencing on the premises as approved on sepazate drawings.
Licensee: KERR COUNTY
Site Name: Pazker Ranch
Licensee Site Name and/or Number:
Location: Highway 41, 12 miles West of Mt. Home, Kerr County, Texas
Site Landowner:- THE JOSEPHINE CARR SCHREINER ""'rfncitE~TRUST AND THE
JOSEPHINE SCHREINER PARKER TRUST
Power Owner: TEXAS RSA 15B2 LIMITED PARTNERSHIP
Site-License Date:
Licensee's Address for Notices:
List contacts for fiill}ing-site maintenance and emergencies:
Texas RSA15B2 Limited Partnership: Kerr County:
(Day) Robin McGough
Office:830-257-9161
Cellular: 830-739-1002
(Night) Night Repair Clerk /Service Bureau
830-257-0114
~E:

LICENSOR:
TEXAS RSA15B2 LIMITED PARTNERSHIP
Signature:
Title:
LICENSEE:
KERR COUNTY
Signature:
Title:
Date:
Date:
LANDOWNERS:
JOSEPHINE CARR SCIIREINER TRUST:
E. C. Parker, Jr., Trustee
By
Josephine Schreiner Parker, Trustee
By
Scott Schreiner Parker, Trustee
By
E. C'. Parker, III, Trustee
Tobin M. Parker, Trustee
JOSEPHINE SCHREINER PARKER TRUST:
By
E. C. Parker, Jr., Trustee
By
Josephine Schreiner Parker, Trustee
By
Scott Schreiner Pazker, Trustee
By
E. C'. Parker, III, Trustee
By
Tobin M. Parker, Trustee
COMMUNICATIONS FACILITIES LICENSE AGREEMENT
This Communications Facilities License Agreement (Agreement) between the Licensor and
Licensee, sometimes referred to as the Parties, is executed to grant to Licensee nonexclusive licenses
to install, operate, maintain, repair and remove Licensee's communications equipment including
antennas, cabling, hardware, and associated electronics
" , at the "Site' in accordance with the following terms and conditions.Site
DrawingsStandard Rate ShectApproved Technical Reviews w/attached Specifications, Drawings,
and Plans
1. GRANT OF LICENSE. Licensor hereby grants to Licensee and Licensee hereby accepts
nonexclusive license to install, operate, maintain, repair and remove Licensee's communications
equipment at the Sites-tmmed-inSite described on Exhibit A, which is attached to and incorporated
for all purposes into this Agreement, in consideration for the fees and other consideration shown
herein and in accordance with the terms and conditions of this Agreement.
2. SCOPE OF LICENSE. The License shall consist of the following rights and duties:
A.- Licensee may instaH-vrrutilize the ,Site and Licensor's communications
tower located at the ,
arltieh-is~attaehedsite, to aztdinstall, operate and maintain an equipment shelter, radios, antennas,
equipment and appurtenances as listed on Exhibit B attached hereto which is incorporated for-all
parposesinto this Agreement for all purposes, including npgradernndequipment replacements whichi
do-net•aiterand upgrades which do not alter the frequencies er-radiated ,
xrrte;mta-lecarienstheretrom nor the Radiated Power thereof, and which do not alter the physical
location of any antennas on the tower.
B. Licensor does not represent or warrant that the condition or location of the SitesSite or
TmversTower is suitable for Licensee's intended use, or that the tower is capable of supporting
Licensee's antennas and other tower equipment. Prior to Licensee placing any equipment at the Sites,
Licensee shall comply with the terms of this Agreement contained elsewhere herein regarding the
obtaining from Licensor of a written Authority to Proceed.
C. Licensee shall be solely responsible for the design of its communications installation,
including the construction of any equipment shehersshelter.
D. After obtaining from Licensor a written Authority to Proceed, Licensee may proceed to
install and operate its communications equipment and equipment she}tersshelter at the 6itesSite,
conditioned that all installation shall be accompl i shed by using personnel or independent contractors
approved by Licensor.
E. Licensee shall during the term of this Agreement, and or any extension or renewal thereof,
have the right to access the Site across the property leased by Licensor in which the Site is included,
utilizing a road to be built by Licensee at the request and insistence of the Landowners as
consideration for Landowner's consent to this license. The terms of Landowners' Consent are
contained in a separate agreement between the parties.
3. AUTHORITY TO PROCEED
A. Licensee will provide detailed plans and specifications of its intended equipment
locations, including antennas to be placed on the tower, and including the size and number of
waveguides, equipment shelters, and such other information as Licensor may reasonably request.
B. Upon receipt of the information, Licensor, at Licensee's expense, will have a structural
analysis performed by the tower manufacturers or other competent engineer, to determine whether
the tower is capable of supporting the Licensee's antennas and any other planned Licensor's
antennas. if structural modifications are necessitated solely because of Licensee's proposed
attachments, Licensee may, at its option, cancel this Licensee or authorize Licensor, at Licensee's
cost, to make such structural modifications as may be necessary to accommodate Licensee's
antennas.
C. Licensee shall provide Licensor with copies of all FCC or other approvals or authority
required by Licensee, and shall warrant and represent to Licensor that no authorities other than those
provided are required.
D. Licensee shall provide to Licensor all information required by this License regarding
Licensor's personnel or contractors, including insurance certification, for anyone who will be
engaged to construct and/or maintain the Licensee's facilities, and will represent and warrant that
no other personnel will be engaged in such activity unless Licensor first approve such personnel or
contractors.
E. If Licensor disapproves any part of Licensee's proposed construction, or Licensee's
personnel or contractor, it shall notify Licensee thereof and the reasons therefor within ten (10)
business days of Licensee's delivery of the required information to Licensor.
F. At such time as all Licensor's objections, if any, have been satisfied, Licensor shall issue
to Licensee a written Authorisation to Proceed. Until such Authorization is issued, Licensee shall
not begin construction at the site. After Authorization is granted, Licensee shall proceed with
construction in accordance with the plans and specifications approved by Licensor utilizing the
personnel andlor contractor approval by Licensor, and shall not deviate from the approved plans and
specifications nor use other personnel or contractors, without Licensor's express written approval.
Any such deviation or utilization of unapproved personnel or contractors shall be deemed a material
breach of this license.
4. FACILITIES AND UTILITIES:
2
A. Licensee shall provide its own equipment shelters at each site. All equipment shelters or
facilities shall be subject to approval by Licensor. Licensee shall provide its own utility connections
at each site and Licensee shall not connect to or through Licensor's electric meter or breaker panel.
B. Licensee shall provide security and insurance for its equipment, if desirable. Neither
Licensor nor the landowner of any Site shall be liable to Licensee or any third party for burglary, or
vandalism, or losses or damage to Licensee's equipment or failure of Licensee's equipment to
operate properly due to tower failure or any other causes, whatsoever, including any alleged
negligence of Licensor or landowner, or their employees, officers, or owners.
C. Licensee shall have the right of ingress and egress to each Site at all times during the
terms of the License to repair and maintain its equipment.
5. RESERVATIONS & PROHIBITIONS.
A. Licensor reserves the right to operate its own equipment at the Site and to license space
and operating rights to others, provided that the operations of later licensees do not interfere with
those of Licensee. Licensee shall not have exclusive possession of any of the Premises. Licensor
shall not be liable to Licensee or any third party for the performance or coverage of Licensee's
equipment or radio system, and Licensee agrees to indemnify and hold Licensor and Licensor's
Lessors harmless against all claims, including acts of negligence asserted by any person or entity,
arising out of the use or performance of Licensee's radio system, and specifically including, but not
limited to, the operation of Licensee's radio system from the licensed site.
B. Licensee's use shall be subject to maintenance requirements of Licensor, but Licensor's
facilities will not be taken off air to accommodate maintenance requirements of Licensee.
C. Licensor occupies the sites which are the subject of this Agreement under leases from
third parties whose consent to this license is absolutely required. This licensee is subject to Licensee
obtaining, in writing, such consents. In the event any landowner refuses to give consent to this
License, this License shall be null and void as to the Site for which consent is not obtained, and
Licensor shall have no further responsibility to Licensee with regard to such site. In the event
consent is obtained, then this Licensee shall be subject to the terms and provisions ofthe underlying
easements or leases and to any pre-existing restrictions, encumbrances or covenants.
D. Notwithstanding anything to the contrary in this Agreement, the license for any Site,
granted by Licensor in this Agreement shall automatically terminate if I,icensor's rights to that Site
aze terminated or otherwise terminate or aze lost, no matter how occurring. In such event, Licensor
shall have no further obligations to Licensee with regard to such site.
3
6. EXPANDED SCOPE OF OPERATIONS. After the initial installation is complete, Licensee
may not expand the scope of its operations on the Sites, nor modify the Licensed Premises in any
way, except as provided in 2 above.
7. TERM OF LICENSE.
A. Initial Term. The initial License Terms for the indiridttaLSitesSite shall begin on the
execution date of this Agreement and end on the anniversary date of the
~rgreemetzt--Agreement Ten (_10) years later, provided that Li~o~ - --'--"--' ~'` -the
License may be terminated earlier as provided elsewhere herein.
B. Renewal Terms. Licensee and Licensor may agree to renew this Agreement for one
successive ten (_] 0) year terms, subject to fees and consideration mutually agreed to by the
Parties at the time of renewal.
C. If the purpose of any Site or of either Party's operations should be defeated or become
impracticable because of government or regulatory action, loss of FCC license, Licensee's economic
or business necessity, or other material impairment, either Party shall have the right to terminate the
License as to the affected Site without further obligation or liability, bygiving aone-hundred-twenty
(120) day written notice to the other party.
D. The Agreement is subject to Licensee's available future funding, and if future funding
is not available the Agreement terminates.
8. FEES, CHARGES & REIMBURSEMENTS. Fees and other consideration for this Agreement
shall be as shown on Exhibit C, which is attached to and incorporated for all purposes into this
Agreement.
9. PAYMENT. Licensee shall pay full amount of rent annually ten days in advance of the
anniversary date of this agreement.
]0. SITE MAINTENANCE. Licensor shall at its cost maintain the Site, grounds, fencing, tower
and roadways leading to the Site. Licensor shall have the right to make emergency repairs to any
equipment on the Premises without first notifying Licensee, if the repairs are necessary to protect
the Site from further damage.
11. LICENSEE CONTRACTORS.
A. All work performed by Licensee or on behalf of Licensee in installing or maintaining
Licensee's equipment or shelters on the Sites shall be performed by contractors or other personnel
approved by Licensor Licensor's approval may be contingent upon such personnel or contractors
providing proof of insurance in amounts satisfactory to Licensor, and otherwise establishing to
4
Licensor's satisfaction (in Licensor's sole judgment) the qualifications of such persons to perform
maintenance or installation of Licensee's equipment at the Site or Sites.
B. If, in accordance with the provisions of this Agreement, Licensee engages a contractor
to perform work at the Sites, the contractor shall be required to furnish an insurance certificate to
Licensor showing its liability insurance coverage before such contractor's personnel or
subcontractors enter a Site. If any mechanic's or materialman's liens are filed by Licensee
contractors, subcontractors, workers or suppliers, Licensee shall at Licensee's expense promptly take
whatever action is necessary to remove them. Except in emergencies, Licensee's contractor shall
notify Licensor at least 24 hours prior to performing any work on Licensoe's towers.
12. SAFETY REQUIREMENTS. All work performed at the Sites by Licensee, its personnel and
contractors shall be in accordance with federal and state safety requirements and the best industry
practice. Licensee shall be responsible for assuring that its personnel and any contractors accessing
the Sites receive appropriate safety training. Licensee shall be responsible for job site safety while
Licensee's crews or Licensee's contractors or subcontractors are working at a Site. If Licensee's
personnel or contractors aze at the site at any time when Licensor's personnel or contractors aze also
at the site, Licensee's personnel or Contractors shall at the request of Licensor's personnel or
contractors vacate the site until Licensor's personnel or contractors leave the site at which time
Licensee's personnel and contractors may return to the site
13. INTOXICANTS & DRUGS; EMPLOYEE CONDUCT. No intoxicants, illegal drugs, nor
employee or agents under the influence of any substance that may impair their performance shall be
allowed on the Sites at any time. Licensee shall promptly remove from the Sites any person who is
or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly.
Licensee shall ensure that its employees. contractors, subcontractors and their employees avoid
excessive noise, exceeding speed limits or reckless driving, use of weapons, or trespass on land not
included in this license.
14. SITE CLEANUP. Licensee shall ensure that its crews, contractors, and subcontractors keep
the Sites clean and properly dispose of debris resulting from their work. If Licensee or its contractors
allow any debris to accumulate or dispose of wastes improperly, Licensor shall have the right to
remove and remediate it and Licensee shall reimburse Licensor for the costs thereof.
I5. INTERFERENCE.
A. Licensee shall install, operate and maintain its equipment and facilities in a manner which
will not physically or electronically interfere with or cause signal degradation to Licensor's
commercial mobile radio service system or point-to-point microwave transmission system, or with
any Prior Licensees (as defined below).
B. If Licensee's operations should interfere with those of Licensor or of Prior Licensees,
Licensee shall at its own expense promptly correct the interference. If Licensee fails to promptly
5
eliminate the interference, Licensor shall have the right to enter the Premises and shut down
Licensee's equipment and operations until Licensee can eliminate the interference or, as a last resort,
to terminate Licensee's License as to that Site.
C. In the event of interference among the operations of multiple occupants of a particular
Site or occupants of multiple Sites, the requirements for eliminating interference shall be according
to the following priorities:
(a) Licensor's equipment and operations shall have top priority; no licensee's equipment or
operations shall interfere with Licenser's equipment or operations under any circumstances.
(b) Licensee's equipment and operations shall have priority over Subsequent Licensees at
that Site, which shall mean other licensees whose Licenses for that Site were initiated later
than Licensee's License.
(c) Licensee's equipment and operations shall yield to Prior Licensees at that Site, which
shall mean other licensees whose Licenses for that Site were initiated earlier than Licensee's
License, including their successors or assigns;
(d) If, after the initial installation, Licensee should modify its equipment or operations or
change the tower or antenna configuration at aparticulaz Site, and should these modifications
or changes introduce interference (including interference affecting more than one Site), then
Licensee shall be treated as a Subsequent Licensee with respect to these modifications or
changes, and shall yield to the other Site occupants notwithstanding that Licensor may have
given its consent to such changes. However, Licensee's original equipment operations and
antenna configuration shall not lose their original priority, in the event Licensee desires to
reverse the changes and return to its original mode of operation.
16. INSURANCE.
A. Throughout the terms ofthe Licensees for each Site and any renewal terms, Licensee shall
maintain at least the insurance coverages specified below and shall provide to Licensor an insurance
certificate listing the coverages beY'ore starting any Work.
B. Licensor and Landowner shall be named as additional insureds under such policies. T'he
coverages shall not be construed as establishing or limiting Licensee's liability under the indemnity
provision.
C Worker's Compensation
Coverage A- Statutory
Coverage B- $500,000 employer's liability
General Liability
Bodily Injury $2,000,000 per occurrence
Property Damage $1,006.600 per occurrence
Automobile Liabilitv
(including owned or leases vehicles and heave machinery)
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000,000 per occurrence
D. Licensee's contractors and subcontractors shall be required to carry the same types and
amounts of insurance while they perform work at any of the Sites.
17. PERSONAL INJURY & PROPERTY DAMAGE INDEMNITY.
A. Licensee agrees to defend, indemnify and hold harmless Licensor, its owners, officers,
directors, employees, agents, and affiliates and the Site Landowners, and their respective trustees and
beneficiaries and the respective agents, heirs administrators, assigns, executors, successors and
assigns of such trustees and beneficiaries from and against any and all claims, losses, penalties,
forfeitures, damages, judgments, causes of action, suits, liabilities, costs and expenses, including
reasonable expenses, costs and attorney's fees, arising out of any negligent or willful act or omission
of Licensee's personnel, contractors or subcontractors of any tier that causes or contributes to
personal injury or property damage during the performance of this Agreement and further against
any claim by any person or entity arising out of any failure or alleged failure of Licensee's
communications system to operate or to operate to any specific standard or degree, no matter how
such failure occurs, including the negligence of any ofthose so indemnified. Licensee shall be liable
for the cost of restoration, repair or replacement of any Licensor's facilities to the extent such
facilities are damaged or destroyed as a result of any act of Licensee, its employees, contractors or
subcontractors or their activities on the Site, irrespective of whether such is the result of any
negligence. Licensee shall pay the costs of any road damage caused by its vehicles or those of its
contractors, subcontractor or suppliers.
B. To the extent allowed by law, Licensor agrees to defend, indemnify and hold harmless
Licensee, its owners, officers, directors, employees, agents and affiliates from and against any and
all claims, losses, penalties, forfeitures, damages, judgments, causes ofaction, suits, liabilities, costs
and expenses, including reasonable expenses, costs and attorney's fees arising out of any negligent
or willful act or omission of Licensor's personnel contractors or subcontractors ofany tier that causes
or contributes to personal injury or property damage during the performance of this Agreement.
Licensor shall be liable for the cost of restoration, repair or replacement of any Licensee facilities
only to the extent such facilities aze damaged or destroyed as a result of a negligent or willful act of
any Licensor, its employees, contractors or subcontractors.
C. Notwithstanding any other provisions ofthis Agreement, neither parry nor the Landowner
shall be liable to the other.for special, incidental, consequential, punitive or indirect damages or for
any loss of use, revenue, or profrt suffered by the other Party or its successors or assigns, customers
or affiliates in connection with any breach of obligation under this Agreement, nor as a result of
Premises defect, interference, failure or unavailability ofa tower or any equipment, facility or service
to be provided by Licensor or by Licensee under this Agreement, or under any other circumstance.
18. FORCE MAJEURE.
A. Neither party shall be liable for delays, nonperformance, damage or losses due to causes
beyond its reasonable control, including, but not limited to action of the elements, severe weather,
fires, floods, sabotage, government or regulatory action including withholding of approvals, strikes,
embargos or delays beyond the control of vendors or contractors. Damage, vandalism, water
leakage, failure or collapse of a tower or communications shelter (except where attributable to any
action of Licensee or its personnel or contractors), whether or not caused or contributed to by a latent
defect shall be considered a Force Majeure event.
B. A Party whose performance is hindered or delayed shall use its best efforts to reduce the
length of the delay and to mitigate the effects of it.
C. In the event that a tower or Site facilities should be damaged by Force Majeure, Licensor
may elect not to repair or replace the tower or Site Facilities, in which case Licensee's License for
that Site shall terminate.
19. NO THIRD-PARTY BENEFICIARIES; NO PROPERTY RIGHTS. The terms and
conditions of this Agreement are intended for the sole benefit of Licensor and Licensee. Nothing
in this Agreement, express or implied, is intended to confer any benefits, rights or remedies upon any
third party, including members of the public who may benefit or claim to be benefitted by operation
of either Licensor's or Licensee's system, and who may he harmed or claim to be harmed by a failure
of either system to operate or perform as intended. Nothing in this Agreement or in the performance
shall create or vest in Licensee or its successors or assigns any title, ownership, easement or any
other property rights in Licensor's systems, lands or other property.
20. LAWS, REGULATIONS, PERMITS.
A. Licensee shall acquire the necessary permits and licenses to install and operate its
equipment, and shall comply with applicable laws, regulations and ordinances. In the event Licensee
is unable to obtain or maintain any FCC permit or other Governmental Approval necessary to its
operations, Licensee may terminate the affected Licenses under this Agreement upon 30 days written
notice to Licensor.
B. Licensor shall be responsible for compliance with FAA or FCC tower marking and
lighting requirements. Licensor shall ensure that the tower is operated and maintained in compliance
with applicable laws, regulations and ordinances. Licensor shall indemnify and hold harmless
Licensee from any fines or other liabilities caused by Licensor's failure to comply with these
requirements.
8
21. ENTIRE AGREEMENT & MODIFICATIONS. This Agreement, including its Exhibits,
constitutes the entire agreement and understanding between the Parties and supersedes previous
negotiations, understandings, discussions, correspondence or representations. Neither the Agreement
nor its Exhibits shall be modified or changed except by a writing executed by both Parties. No
verbal representation of any negotiator, engineer, officer, employee or agent of either Party shall vary
the written terms of this Agreement. No waiver of any right under the Agreement shall be effective
unless a writing signed by the Yarty grants the waiver.
This Agreement is executed this day of , ?f~-200?.
TEXAS RSA15132 LIMITF,D PARTNERSHIP
Signature:
Date:
Title:
LICENSEE:
KERR COUNTY
Signature:
Title:
LANDOWNERS:
JOSEPHINE CARR SCHREINER TRUST:
By
Date:
JOSEPHINE, SCHREINER PARKER "i'RUST:
By
~ E.
zC.
3Parker, Jr., Trustee
'~.
E.
SParker, Jr., Trustee
By
Josephine Schreiner Parker, Trustee
By
Josephine Schreiner Parker, Trustee
By
Scott Schreiner Parker, Trustee
By_
E.

By
Scott Schreiner Parker, Trustee
By
Io
11
12
Parker, III, Trustee
By
Tobin M. Parker, Trustee
(FrveSta[.I U2/Rev'd 0?26 U2 ~
F.. C. Parker, III, Trustee
By
13
Tobin M. Parker, Trustee
Page 1 of 3
EXHIBIT A
DESCRIPTION OF SITE
The improved (under security fence) portion of the below described 10.0414 acre leased
premises, as more particulazly shown on Pages 2 and 3 following.
Being 10.0414 acres of land out of G.C.&S.F.R.R. Co. Survey No. 1071, Certificate No.
1 /26, and being a part of a certain 4753.235 acre tract of land, said tract of land being the same and
identica14499.745 acre tract partitioned to Landowners by Partition Deed dated March 18, 1980, of
record at Volume 237, Page 215 ofthe Deed Records of Kerr County, Texas, AND that certain 376.0
acre tract exchanged to Landowners from Robert B. Berryman and LESS AND F,XCEPT that certain
122.51 acre tract exchanged to Robert B. Berryman by Landowners, both by Exchange Deed dated
July 1, 1987 of record at Volume 434, Page 273 ofthe Real Property Kecords of Kerr County, Texas,
to which instruments and their record reference is here made for all purposes, said 10.0414 acres
being more particularly described by metes and bounds as follows, to-wit:
Beginning at the southeastern most corner of said 4753.235 acre tract, said comer
being the northeast corner of that 0.094 acre tract conveyed as parcel 8 to the State
of Texas by Deed dated February 21, 1957 of record in Volume 103 at Page 184 of
the Deed Records of Kerr County, Texas, for the southeast of the herein described
lease property;
Thence with a south property line and the north right-of--way line of State Flighway
41 along a curve to the left having a central angle of 06°02'29", a radius of 5789.65
feet and a long chord of 5.75° 10'46" W. , 610.18 feet, a distance of 610.46 feet to a
point;
Thence not with a property line north 823.71 feet and east 589.88 feet to a point in
the east property line of said 293 acre tract;
Thence with the east property line of said 4753.235 acre tract south 667.63 feet to the
place of beginning and containing 10.0414 acres of land more or less.
14
EXHIBIT B
EQUIPMENT LIST
SITE NAME: Parker Ranch
Licensee shall install the following equipment at the Site:
Antennas & Cabling:
Electronics:
Equipment Shelter:
Related Appurtenances:
15
EXHIBIT C
FEES AND OTHER CONSIDERATION
SITE NAME: Parker Ranch
A. Antenna and Ground Space
ANNUAL LICENSE FEE TO EFEEId~EELICENSOR $2,000
ONE `TIME CONSIDERATION TO LANDOWNER:
Construction of a new all weather road. and fencing along new road, as per separate
agreement with Licensee
16
COMMUNICATIONS FACILITIES
SITE LICENSE AGREEMENT
TEXAS RSA 152B2 LIMITED PARTNERSHIP (Licensor) hereby grants a license, as of
the Site License Date written below, to the named Licensee to install, operate, maintain and remove
communications equipment at the named Site, under the conditions specified below and in
accordance with the applicable General Terms and Conditions.
EMILY ELIZABETH MOSTY HARLAN, joined for pro forma by her husband, BOBBY
HARLAN (Landowner) for and in consideration of the payments described in Exhibit C hereby
consent to this Site License Agreement to the named Licensee to install, operate, maintain and
remove communications equipment at the named Site, under the conditions specified below and in
accordance with the applicable General Terms and Conditions.
Landowner does further consent to the installation of an equipment shelter on the premises
as approved on separate drawings.
Licensee: KERB COUNTY
Site Name: Beth Harlan Site
Licensee Site Name and/or Number:
Location: Elm Pass Road, Center Point, Ken County, Texas
Site Landowner: Emily Elizabeth (Beth) Mosty Harlan
Tower Owner: TEXAS RSA ISB2 LIMITED PARTNERSHIP
Site License Date:
Anticipated Initial Communication Date:
Licensee's Address for Notices:
List contacts for billing, site maintenance and emergencies:
List name and phone number of person(s) responsible for site:
List of Attachments to Exhibit A:
Approved Technical Reviews w/attached Specifications, Drawings, and Plans
Standard Rate Sheet
Site Drawings
LICENSEE:
By (Print Name):
Signature:
Title:
By (Print Name):
Signature:
Title:
Date:
Date:
COMMUNICATIONS FACILITIES LICENSE AGREEMENT
This Communications Facilities License Agreement (Agreement) between the Licensor and
Licensee, sometimes referred to as the Parties, is executed to grant to Licensee nonexclusive licenses
to install, operate, maintain, repair and remove Licensee's communications equipment including
antennas, cabling, hardware, and associated electronics at certain communication sites ("Sites" or
"Premises" or "Towers"), in accordance with the following terms and conditions.
1. GRANT OF LICENSE. Licensor hereby grants to Licensee and Licensee hereby accepts
nonexclusive license to install, operate, maintain, repair and remove Licensee's communications
equipment at the Sites named in Exhibit A, which is attached to and incorporated for all purposes
into this Agreement, in consideration for the fees and other consideration shown herein and in
accordance with the terms and conditions of this Agreement.
2. SCOPE OF LICENSE. The License shall consist of the following rights and duties:
A. Licensee may install on the premises, only, the equipment shelter and equipment and
appurtenances therein listed in Exhibit B, which is attached to and incorporated for all purposes into
this Agreement, including upgrades and replacements which do not alter frequencies or radiated
power, which do not change antenna locations.
B. Licensor does not represent or warrant that the condition or location of the Sites or
Towers is suitable for Licensee's intended use, or that the tower is capable of supporting Licensee's
antennas and other tower equipment. Prior to Licensee placing any equipment at the Sites, Licensee
shall comply with the terms of this Agreement contained elsewhere herein regarding the obtaining
from Licensor of a written Authority to Proceed.
C. Licensee shall be solely responsible for the design of its communications installation,
including the construction of any equipment shelters.
D. After obtaining from Licensor a written Authority to Proceed, Licensee may proceed to
install and operate its communications equipment and equipment shelters at the Sites, conditioned
that all installation shall be accomplished by using personnel or independent contractors approved
by Licensor.
3. AUTHORITY TO PROCEED
A. Licensee will provide detailed plans and specifications of its intended equipment
locations, including antennas to be placed on the tower, and including the size and number of
waveguides, equipment shelters, and such other information as Licensor may reasonably request.
B. Upon receipt of the information, Licensor, at Licensee's expense, will have a structural
analysis performed by the tower manufacturers or other competent engineer, to determine whether
the tower is capable of supporting the Licensee's antennas and any other planned Licensor's
antennas. If structural modifications are necessitated solely because of Licensee's proposed
attachments, Licensee may, at its option, cancel this Licensee or authorize Licensor, at Licensee's
cost, to make such structural modifications as may be necessary to accommodate Licensee's
antennas.
C. Licensee shall provide Licensor with copies of all FCC or other approvals or authority
required by Licensee, and shall warrant and represent to Licensor that no authorities other than those
provided are required.
D. Licensee shall provide to Licensor all information required by this License regarding
Licensor's personnel or contractors, including insurance certification, for anyone who will be
engaged to construct and/or maintain the Licensee's facilities, and will represent and warrant that
no other personnel will be engaged in such activity unless Licensor first approve such personnel or
contractors.
E. If Licensor disapproves any part of Licensee's proposed construction, or Licensee's
personnel or contractor, it shall notify Licensee thereof and the reasons therefor within ten (10)
business days of Licensee's delivery of the required information to Licensor.
F. At such time as all Licensor's objections, if any, have been satisfied, Licensor shall issue
to Licensee a written Authorization to Proceed. Until such Authorization is issued, Licensee shall
not begin construction at the site. After Authorization is granted, Licensee shall proceed with
construction in accordance with the plans and specifications approved by Licensor utilizing the
personnel and/or contractor approval by Licensor, and shall not deviate from the approved plans and
specifications nor use other personnel or contractors, without Licenser's express written approval.
Any such deviation or utilization ofunapproved personnel or contractors shall be deemed a material
breach of this license.
4. FACILITIES AND UTILITIES:
A. Licensee shall provide its own equipment shelters at each site. All equipment shelters or
facilities shall be subject to approval by Licensor. Licensee shall provide its own utility connections
at each site and Licensee shall not connect to or through Licenser's electric meter or breaker panel.
B. Licensee shall provide security and insurance for its equipment, if desirable. Neither
Licensor nor the landowner of any Site shall be liable to Licensee or any third party for burglary,
or vandalism, or losses or damage to Licensee's equipment or failure of Licensee's equipment to
operate properly due to tower failure or any other causes, whatsoever, including any alleged
negligence of Licensor or landowner, or their employees, officers, or owners.
C. Licensee shall have the right of ingress and egress to each Site at all times during the
terms of the License to repair and maintain its equipment.
2
5. RESERVATIONS & PROHIBITIONS.
A. Licensor reserves the right to operate its own equipment at the Site and to license space
and operating rights to others, provided that the operations of later licensees do not interfere with
those of Licensee. Licensee shall not have exclusive possession of any of the Premises. Licensor
shall not be liable to Licensee or any third party for the performance or coverage of Licensee's
equipment or radio system, and Licensee agrees to indemnify and hold Licensor and Licensor's
Lessors harmless against all claims, including acts of negligence asserted by any person or entity,
arising out ofthe use or performance ofLicensee's radio system, and specifically including, but not
limited to, the operation of Licensee's radio system from the licensed site.
B. Licensee's use shall be subject to maintenance requirements of Licensor, but Licensor's
facilities will not be taken off air to accommodate maintenance requirements of Licensee.
C. Licensor occupies the sites which are the subject of this Agreement under leases from
thirdparties whose consent to this license is absolutelyrequired. This licensee is subject to Licensee
obtaining, in writing, such consents. In the event any landowner refuses to give consent to this
License, this License shall be null and void as to the Site for which consent is not obtained, and
Licensor shall have no further responsibility to Licensee with regard to such site. In the event
consent is obtained, then this Licensee shall be subject to the terms and provisions of the underlying
easements or leases and to any pre-existing restrictions, encumbrances or covenants.
D. Notwithstanding anything to the contrary in this Agreement, the license for any Site,
granted by Licensor in this Agreement shall automatically terminate if Licensor's rights to that Site
are terminated or otherwise terminate or are lost, no matter how occurring. In such event, Licensor
shall have no further obligations to Licensee with regard to such site.
6. EXPANDED SCOPE OF OPERATIONS. After the initial installation is complete, Licensee
may not expand the scope of its operations on the Sites, nor modify the Licensed Premises in any
way, except as provided in 2 above.
7. TERM OF LICENSE.
A. Initial Term. The initial License Terms for the individual Sites shall begin on the
execution date of this Agreement and end when the term ends as set forth in the Lease Agreement
entered into on the 22"a day of December, 1997 between Emily Elizabeth Mosty Harlan and Texas
RSA 152B2 Limited Partnership. If the Lease terminates between Emily Elizabeth Mosty Harlan
and Texas RSA 152B2 Limited Partnership at any earlier day, this lease agreement terminates at the
same time.
B. Renewal Terms. Licensee and Licensor may agree to renew this Agreement, subject to
fees and consideration mutually agreed to by the Parties at the time of renewal.
C. If the purpose of any Site or of either Party's operations should be defeated or become
impracticable because ofgovernment or regulatory action, loss ofFCC license, Licensee's economic
or business necessity, or other material impairment, either Parly shall have the right to terminate the
License as to the affected Site without further obligation orliability, bygiving aone-hundred-twenty
(120) day written notice to the other party.
D. The Agreement is subject to available future funding, and if future funding is not
available the Agreement terminates.
8. FEES, CHARGES & REIMBURSEMENTS. Fees and other consideration for this Agreement
shall be as shown on Exhibit C, which is attached to and incorporated for all purposes into this
Agreement.
9. PAYMENT. Licensee shall pay full amount of rent annually ten days in advance of the
anniversary date of this agreement.
10. SITE MAINTENANCE. Licensor shall at its cost maintain the Site, grounds, fencing, tower
and roadways leading to the Site. Licensor shall have the right to make emergency repairs to any
equipment on the Premises without first notifying Licensee, if the repairs are necessary to protect
the Site from further damage.
11. LICENSEE CONTRACTORS.
A. All work performed by Licensee or on behalf of Licensee in installing or maintaining
Licensee's equipment or shelters on the Sites shall be performed by contractors or other personnel
approved by Licensor. Licensor's approval maybe contingent upon such personnel or contractors
providing proof of insurance in amounts satisfactory to Licensor, and otherwise establishing to
Licensor's satisfaction (in Licensor's sole judgment) the qualifications of such persons to perform
maintenance or installation of Licensee's equipment at the Site or Sites.
B. If, in accordance with the provisions of this Agreement, Licensee engages a contractor
to perform work at the Sites, the contractor shall be required to furnish an insurance certificate to
Licensor showing its liability insurance coverage before such contractor's personnel or
subcontractors enter a Site. If any mechanic's or materialman's liens are filed by Licensee
contractors, subcontractors, workers or suppliers, Licensee shall at Licensee's expense promptly take
whatever action is necessary to remove them. Except in emergencies, Licensee's contractor shall
notify Licensor at least 24 hours prior to performing any work on Licensor's towers.
12. SAFETY REQUIREMENTS. All work performed at the Sites by Licensee, its personnel and
contractors shall be in accordance with federal and state safety requirements and the best industry
practice. Licensee shall be responsible for assuring that its personnel and any contractors accessing
the Sites receive appropriate safety training. Licensee shall be responsible for job site safety while
Licensee's crews or Licensee's contractors or subcontractors are working at a Site. If Licensee's
personnel or contractors are at the site at any time when Licensor's personnel or contractors are also
4
at the site, Licensee's personnel or Contractors shall at the request of Licensor's personnel or
contractors vacate the site until Licensee's personnel or contractors leave the site at which time
Licensee's personnel and contractors may return to the site
13. INTOXICANTS & DRUGS; EMPLOYEE CONDUCT. No intoxicants, illegal drugs, nor
employee or agents under the influence of any substance that may impair their performance shall
be allowed on the Sites at any time. Licensee shall promptly remove from the Sites any person who
is or appears to be under the influence of any of these substances or is otherwise unsafe or
disorderly. Licensee shall ensure that its employees, contractors, subcontractors and their employees
avoid excessive noise, exceeding speed limits or reckless driving, use of weapons, or trespass on
land not included in this license.
14. SITE CLEANUP. Licensee shall ensure that its crews, contractors, and subcontractors keep
the Sites clean and properly dispose of debris resulting from their work. If Licensee or its
contractors allow any debris to accumulate or dispose of wastes improperly, Licensor shall have the
right to remove and remediate it and Licensee shall reimburse Licensor for the costs thereof.
15. INTERFERENCE.
A. Licensee shall install, operate and maintain its equipment and facilities in a manner which
will not physically or electronically interfere with or cause signal degradation to Licensor's
commercial mobile radio service system or point-to-point microwave transmission system, or with
any Prior Licensees (as defined below).
B. If Licensee's operations should interfere with those of Licensor or of Prior Licensees,
Licensee shall at its own expense promptly correct the interference. If Licensee fails to promptly
eliminate the interference, Licensor shall have the right to enter the Premises and shut down
Licensee's equipment and operations until Licensee can eliminate the interference or, as a last resort,
to terminate Licensee's License as to that Site.
C. In the event of interference among the operations of multiple occupants of a particular
Site or occupants of multiple Sites, the requirements for eliminating interference shall be according
to the following priorities:
(a) Licensor's equipment and operations shall have top priority; no licensee's equipment or
operations shall interfere with Licensor's equipment or operations under any circumstances.
(b) Licensee's equipment and operations shall have priority over Subsequent Licensees at
that Site, which shall mean other licensees whose Licenses for that Site were initiated later
than Licensee's License.
(c) Licensee's equipment and operations shall yield to Prior Licensees at that Site, which
shall mean other licensees whose Licenses for that Site were initiated earlier than Licensee's
License, including their successors or assigns;
(d) If, after the initial installation, Licensee should modify its equipment or operations or
change the tower or antenna configuration at a particular Site, and should these
modifications or changes introduce interference (including interference atYecting more than
one Site), then Licensee shall be treated as a Subsequent Licensee with respect to these
modifications or changes, and shall yield to the other Site occupants notwithstanding that
Licensor may have given its consent to such charges. However, Licensee's original
equipment operations and antenna configuration shall not lose their original priority, in the
event Licensee desires to reverse the changes and return to its original mode of operation.
16. INSURANCE.
A. Throughout the terms of the Licensees for each Site and any renewal terms, Licensee
shall maintain at least the insurance coverages specified below and shall provide to Licensor an
insurance certificate listing the coverages before starting any Work.
B. Licensor and Landowner shall be named as additional insureds under such policies. The
coverages shall not be construed as establishing or limiting Licensee's liability under the indemnity
provision.
C. Worker's Compensation
Coverage A- Statutory
Coverage B- $500,000 employer's liability
General Liabilitv
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000.000 per occurrence
Automobile Liabilitv
(including owned or leases vehicles and heave machinery)
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000,000 per occurrence
D. Licensee's contractors and subcontractors shall be required to carry the same types and
amounts of insurance while they perform work at any of the Sites.
17. PERSONAL INJURY & PROPERTY DAMAGE INDEMNITY.
A. Licensee agrees to defend, indemnify and hold harmless Licensor, its owners, officers,
directors, employees, agents, and affiliates and the Site Landowners, and their respective trustees
and beneficiaries and the respective agents, heirs administrators, assigns, executors, successors and
assigns of such trustees and beneficiaries from and against any and all claims, losses, penalties,
forfeitures, damages, judgments, causes of action, suits, liabilities, costs and expenses, including
reasonable expenses, costs and attorney's fees, arising out of any negligent or willful act or omission
of Licensee's personnel, contractors or subcontractors of any tier that causes or contributes to
personal injury or property damage during the performance of this Agreement and further against
any claim by any person or entity arising out of any failure or alleged failure of Licensee's
communications system to operate or to operate to any specific standard or degree, no matter how
such failure occurs, including the negligence ofany ofthose so indemnified. Licensee shall be liable
for the cost of restoration, repair or replacement of any Licensor's facilities to the extent such
facilities are damaged or destroyed as a result ofany act of Licensee, its employees, contractors or
subcontractors or their activities on the Site, irrespective of whether such is the result of any
negligence. Licensee shall pay the costs ofany road damage caused by its vehicles or those of its
contractors, subcontractor or suppliers.
B. To the extent allowed by law, Licensor agrees to defend, indemnify and hold harmless
Licensee, its owners, officers, directors, employees, agents and affiliates from and against any and
all claims, losses, penalties, forfeitures, damages, judgments, causes ofaction, suits, liabilities, costs
and expenses, including reasonable expenses, costs and attorney's fees arising out of any negligent
or willful act or omission of Licensor's personnel contractors or subcontractors of any tier that
causes or contributes to personal injury or property damage during the performance of this
Agreement. Licensor shall be liable for the cost ofrestoration, repair or replacement of any Licensee
facilities only to the extent such facilities are damaged or destroyed as a result of a negligent or
willful act ofany Licensor, its employees, contractors or subcontractors.
C. Notwithstanding any otherprovisions of thisAgreement, neitherparty nor theLandowner
shall be liable to the other_for special, incidental, consequential, punitive or indirect damages or
for any loss of use, revenue, or profit suffered by the other Party or its successors or assigns,
customers or affiliates in connection with any breach of obligation under this Agreement, nor as a
result of Premises defect, interference, failure or unavailability of a tower or any equipment, facility
or service to be provided by Licensor or by Licensee under this Agreement, or under any other
circumstance.
18. FORCE MAJEURE.
A. Neither party shall be liable for delays, nonperformance, damage or losses due to causes
beyond its reasonable control, including, but not limited to action of the elements, severe weather,
fires, floods, sabotage, government or regulatory action including withholding of approvals, strikes,
embargos or delays beyond the control of vendors or contractors. Damage, vandalism, water
leakage, failure or collapse of a tower or communications shelter (except where attributable to any
action of Licensee or its personnel or contractors), whether or not caused or contributed to by a
latent defect shall be considered a Force Majeure event.
B. A Party whose performance is hindered or delayed shall use its best efforts to reduce the
length of the delay and to mitigate the effects of it.
C. In the event that a tower or Site facilities should be damaged by Force Majeure, Licensor
may elect not to repair or replace the tower or Site Facilities, in which case Licensee's License for
that Site shall terminate.
7
19. NO THIRD-PARTY BENEFICIARIES; NO PROPERTY RIGHTS. The terms and
conditions of this Agreement are intended for the sole benefit of Licensor and Licensee. Nothing
in this Agreement, express or implied, is intended to confer any benefits, rights or remedies upon
any third party, including members of the public who may benefit or claim to be benefitted by
operation of either Licensor's or Licensee's system, and who may be harmed or claim to be harmed
by a failure of either system to operate or perform as intended. Nothing in this Agreement or in the
performance shall create or vest in Licensee or its successors or assigns any title, ownership,
easement or any other property rights in Licensor's systems, lands or other property.
20. LAWS, REGULATIONS, PERMITS.
A. Licensee shall acquire the necessary permits and licenses to install and operate its
equipment, and shall comply with applicable laws, regulations and ordinances. In the event
Licensee is unable to obtain or maintain any FCC permit or other Governmental Approval necessary
to its operations, Licensee may terminate the affected Licenses under this Agreement upon 30 days
written notice to Licensor.
B. Licensor shall be responsible for compliance with FAA or FCC tower mazking and
lighting requirements. Licensor shall ensure that the tower is operated and maintained in compliance
with applicable laws, regulations and ordinances. Licensor shall indemnify and hold harmless
Licensee from any fines or other liabilities caused by Licensor's failure to comply with these
requirements.
21. ENTIRE AGREEMENT & MODIFICATIONS. This Agreement, including its Exhibits,
constitutes the entire agreement and understanding between the Parties and supersedes previous
negotiations, understandings, discussions, correspondence or representations. Neither the
Agreement nor its Exhibits shall be modified or changed except by a writing executed by both
Parties. No verbal representation of any negotiator, engineer, officer, employee or agent of either
Party shall vary the written terms of this Agreement. No waiver of any right under the Agreement
shall be effective unless a writing signed by the Party grants the waiver.
This Agreement is executed this day of , 20_
By:_
Title:
(FiveSfar.1022/Rev'd 02.26.02)
By:_
Title:
g
EXHIBIT A
LIST OF LICENSED SITES
Licensee shall install its communications equipment at the following Sites:
I.
2.
3.
4.
5.
6.
Signatures:
Licensee:
Licensor:
Landowner:
Date:
Date:
Date:
Date:
9
EXHIBIT B
EQUIPMENT LIST
SITE NAME: Beth Harlan Site
Licensee shall install the following equipment at the Site:
Antennas & Cabling:
Electronics:
Equipment Shelter:
Related Appurtenances:
Signatures:
Licensee:
Licensor:
Landowner:
Date:
Date:
Date:
Date:
10
EXHIBIT C
FEES AND OTHER CONSIDERATION TO LANDOWNER
SITE NAME: Beth Harlan Site
A. Antenna and Ground Space
ONE TIME PAYMENT TO LICENSEE $2,000.00
INITIAL PAYMENT TO LANDOWNER $2,500.00
MONTHLY RENTAL -payable in advance $ 250.00
(Plus 3% annual escalation fee beginning Oct. 1, 2003)
Signatures:
Licensee:
Licensor:
Landowner:
Date:
Date:
Date:
Date:
11
COMMUNICATIONS FACILITIES
SITE LICENSE AGREEMENT
TEXAS RSA 152B2 LIMITED PARTNERSHIP (Licensor) hereby grants a license, as of
the Site License Date written below, to the named Licensee to install, operate, maintain and remove
communications equipment at the named Site, under the conditions specified below and in
accordance with the applicable General Terms and Conditions.
EMILY ELIZABETH MOSTY HARLAN, joined for pro Forma by her husband, BOBBY
HARLAN (Landowner) for and in consideration of the payments described in Exhibit C hereby
consent to this Site License Agreement to the named Licensee to install, operate, maintain and
remove communications equipment at the named Site, under the conditions specified below and in
accordance with the applicable General Terms and Conditions.
Landowner does further consent to the installation of an equipment shelter on the premises
as approved on separate drawings.
Licensee: KERR COUNTY
Site Name: Beth Harlan Site
Licensee Site Name and/or Number:
Location: Elm Pass Road, Center Point, Kerr County, Texas
Site Landowner: Emily Elizabeth (Beth) Mosty Harlan
Tower Owner: TEXAS RSA 15B2 LIMITED PARTNERSHIP
Site License Date:
Anticipated Initial Communication Date:
Licensee's Address for Notices:
List contacts for billing, site maintenance and emergencies:
List name and phone number of person(s) responsible for site:
List of Attachments to Exhibit A:
1. Approved Technical Reviews w/attached Specifications, Drawings, and Plans
2. Standard Rate Sheet
3. Site Drawings
LICENSEE:
By (Print Name):
Signature:
Title:
By (Print Name):
Signature:
Title:
Date:
Date:
TEXAS RSA15B2 LIMITED PARTNERSHIP
d/b/a Five Star Wireless
955 Water Street, P. O. Box 291158
Kerrville, Texas 78029-1158
Telephone 830-896-1200 - Telefax 830-896-5444
E-Mail sparker n ktc.com
May 24, 2002
Mr. Thomas W. Pollard
POLLARD & MONROE
951 Main Street
Kerrville, Texas 78028
HAND-DELIVERED
Re: License to Kerr County for use of communications tower
Dear Tom:
I have enclosed originals of the following:
Communications Facilities Site License Agreement between Texas RSA15B2 Limited
Partnership, Josephine Carr Schreiner Trust, Josephine Schreiner Parker Trust and
Kerr County;
2. Landowner Consent to Sublicense by the Josephine Carr Schreiner Trust and
Josephine Schreiner Parker Trust; and
3. Communications Facilities Site License Agreement between the Texas RSA15B2
Limited Partnership, the Harlans and Kerr County.
I have retained one original of each document for Texas RSAI SB2. A copy of the Harlan
agreement is being forwarded to Scott Stehling as the Harlans kept one original for their file. Copies
of all documents are being forwarded to Richard Mosty. I will deliver to the landowners' originals
of the Highway 41 site documents.
Also enclosed is a statement for Texas RSA15B2's first year's lease payment on both sites and
for reimbursement of the cost of the engineering studies as provided in the Agreement. Copies of the
invoices of Structure & Tower Designers, Inc. for the engineering studies is also enclosed.
May 24, 2002
Mr. Thomas W. Pollard
Page 2
Thank you for your assistance in completing these agreements.
Sinc rely,
Scott S. Parker
Vice-President and General Counsel
SSPIRSA/L415/ng
Enclosures
cc: Richard C. Mosty,
M. Scott Stehling
COMMUNICATIONS FACILITIES
SITE LICENSE AGREEMENT
TEXAS RSA 152B2 LIMITED PARTNERSHIP (Licensor) hereby grants a license, as of
the Site License Date written below, to the named Licensee to install, operate, maintain and remove
communications equipment at the named Site, under the conditions specified below and in accordance
with the applicable General Terms and Conditions.
EMILY ELIZABETH MOSTY HARLAN, joined pro forma by her husband, BOBBY
HARLAN, (Landowner) for and the consideration described in Exhibit C hereby consents to this Site
License Agreement to the named Licensee to install, operate, maintain and remove communications
equipment at the named Site, under the conditions specified below and in accordance with the
applicable General Terms and Conditions.
Landowner does further consent to the installation of an equipment shelter on the premises
as approved on separate drawings.
Licensee: KERB COUNTY
Site Name: Center Point (Beth Harlan) Site
Licensee Site Name and/or Number:
Location: Elm Pass Road, Center Point, Kerr County, Texas
Site Landowner: Emily Elizabeth (Beth) Mosty Harlan
Tower Owner TEXAS R5A 15B2 LINIJTED PARTNERSHIP
License Date: 5 - a d ~ ~
Licensee's Address for Notices: Kerr County, c(o Kerr County Judge, Kerr County
Courthouse, Kerrville, Texas 78028
List contacts for site maintenance and emergencies:
Texas RSA15B2 Limited Partnership:
(Day) Robin McGough
Office: 830-257-9161
Cellular: 83 0-73 9-1002
(Night) Night Repair Clerk /Service Bureau
830-257-0114
Kerr County:
Kerr County Sheriff s Department
Phone. 830-896-1216
400 Clearwater Paseo
Kerrville, Texas 78028
2
TERMS AND CONDITIONS
This Communications Facilities License Agreement (Agreement) between the Licensor and
Licensee, sometimes referred to as the Parties, is executed to grant to Licensee nonexclusive licenses
to install, operate, maintain, repair and remove Licensee's communications equipment including
antennas, cabling, hazdwaze, and associated electronics at the "Site" in accordance with the following
terms and conditions.
1. GRANT OF LICENSE. Licensor hereby grants to Licensee and Licensee hereby accepts
nonexclusive license to install, operate, maintain, repair and remove Licensee's communications
equipment at the Site described on Exhibit A, which is attached to and incorporated for all purposes
into this Agreement, in consideration for the fees and other consideration shown herein and in
accordance with the terms and conditions of this Agreement.
2. SCOPE OF LICENSE. The License shall consist of the following rights and duties:
A. Licensee may utilize the Site and Licensor's communications tower located at the site,
to install, operate and maintain an equipment shelter, radios, antennas, equipment and appurtenances
as listed on Exhibit B attached hereto which is incorporated into this Agreement for all purposes,
including equipment replacements and upgrades which do not alter the frequencies radiated
therefrom nor the Radiated Power thereof, and which do not alter the physical location of any
antennas on the tower.
B. Licensor does not represent or warrant that the condition or location of the Site or Tower
is suitable for Licensee's intended use, or that the tower is capable of supporting Licensee's antennas
and other tower equipment. Prior to Licensee placing any equipment at the Sites, Licensee shall
comply with the terms of this Agreement contained elsewhere herein regazding the obtaining from
Licensor of a written Authority to Proceed.
C. Licensee shall be solely responsible for the design of its communications installation,
including the construction of any equipment shelter.
D. After obtaining from Licensor a written Authority to Proceed, Licensee may proceed to
install and operate its communications equipment and equipment shelter at the Site, conditioned that
all installation shall be accomplished by using personnel or independent contractors approved by
Licensor.
E. Licensee shall during the term of this Agreement, and or any extension or renewal thereof,
have the right to access the Site across the property leased by Licensor in which the Site is included,
utilizing a road to be built by Licensee at the request and insistence of the Landowners as
consideration for Landowner's consent to this license. The terms of Landowners' Consent are
contained in a sepazate agreement between the parties.
3. AUTHORITY TO PROCEED
A. Licensee will provide detailed plans and specifications of its intended equipment
locations, including antennas to be placed on the tower, and including the size and number of
waveguides, equipment shelters, and such other information as Licensor may reasonably request.
B. Upon receipt of the information, Licensor, at Licensee's expense, will have a structural
analysis performed by the tower manufacturers or other competent engineer, to determine whether
the tower is capable of supporting the Licensee's antennas and any other planned Licensor's
antennas. If structural modifications aze necessitated solely because of Licensee's proposed
attachments, Licensee may, at its option, cancel this Licensee or authorize Licensor, at Licensee's
cost, to make such structural modifications as may be necessary to accommodate Licensee's
antennas.
C. Licensee shall provide Licensor with copies of all FCC or other approvals or authority
required by Licensee, and shall warrant and represent to Licensor that no authorities other than those
provided aze required.
D. Licensee shall provide to Licensor all information required by this License regarding
Licensor's personnel or contractors, including insurance certification, for anyone who will be
engaged to construct and/or maintain the Licensee's facilities, and will represent and warrant that
no other personnel will be engaged in such activity unless Licensor first approve such personnel or
contractors.
E. If Licensor disapproves any part of Licensee's proposed construction, or Licensee's
personnel or contractor, it shall notify Licensee thereof and the reasons therefor within ten (10)
business days of Licensee's delivery of the required information to Licensor.
F. At such time as all Licensor's objections, if any, have been satisfied, Licensor shall issue
to Licensee a written Authorization to Proceed. Until such Authorization is issued, Licensee shall
not begin construction at the site. After Authorization is granted, Licensee shall proceed with
construction in accordance with the plans and specifications approved by Licensor utilizing the
personnel and/or contractor approval by Licensor, and shall not deviate from the approved plans and
specifications nor use other personnel or contractors, without Licensor's express written approval.
Any such deviation or utilization of unapproved personnel or contractors shall be deemed a material
breach of this license.
4. FACILITIES AND UTILITIES:
A. Licensee shall provide its own equipment shelters at each site. All equipment shelters or
facilities shall be subject to approval by Licensor. Licensee shall provide its own utility connections
at each site and Licensee shall not connect to or through Licenser's electric meter or breaker panel.
4
B. Licensee shall provide security and insurance for its equipment, if desirable. Neither
Licensor nor the landowner of any Site shall be liable to Licensee or any third party for burglary, or
vandalism, or losses or damage to Licensee's equipment or failure of Licensee's equipment to
operate properly due to tower failure or any other causes, whatsoever, including any alleged
negligence of Licensor or landowner, or their employees, officers, or owners.
C. Licensee shall have the right of ingress and egress to each Site at all times during the
terms of the License to repair and maintain its equipment.
5. RESERVATIONS & PROHIBITIONS.
A. Licensor reserves the right to operate its own equipment at the Site and to license space
and operating rights to others, provided that the operations of later licensees do not interfere with
those of Licensee. Licensee shall not have exclusive possession of any of the Premises. Licensor
shall not be liable to Licensee or any third party for the performance or coverage of Licensee's
equipment or radio system, and Licensee agrees to indemnify and hold Licensor and Licensor's
Lessors harmless against all claims, including acts of negligence asserted by any person or entity,
arising out of the use or performance of Licensee's radio system, and specifically including, but not
limited to, the operation of Licensee's radio system from the licensed site.
B. Licensee's use shall be subject to maintenance requirements of Licensor, but Licensor's
facilities will not be taken off air to accommodate maintenance requirements of Licensee.
C. Licensor occupies the sites which aze the subject of this Agreement under leases from
third parties whose consent to this license is absolutely required. This licensee is subject to Licensee
obtaining, in writing, such consents. In the cvcnt any landowner refuses to give consent to this
License, this License shall be null and void as to the Site for which consent is not obtained, and
Licensor shall have no further responsibility to Licensee with regazd to such site. In the event
consent is obtained, then this Licensee shall be subject to the terms and provisions of the underlying
easements or leases and to any pre-existing restrictions, encumbrances or covenants.
D. Notwithstanding anything to the contrary in this Agreement, the license for any Site,
granted by Licensor in this Agreement shall automatically terminate if Licensor's rights to that Site
are terminated or otherwise terminate or aze lost, no matter how occurring. In such event, Licensor
shall have no further obligations to Licensee with regazd to such site.
6. EXPANDED SCOPE OF OPERATIONS. After the initial installation is complete, Licensee
may not expand the scope of its operations on the Sites, nor modify the Licensed Premises in any
way, except as provided in 2 above.
7. TERM OF LICENSE.
A. Initial Term. The initial License Terms for the Site shall begin on the execution date of
this Agreement and end on the anniversary date of the Agreement Ten (10) yeazs later, provided that
the License may be terminated eazlier as provided elsewhere herein.
B. Renewal Terms. Licensee and Licensor may agree to renew this Agreement for one
successive ten (10) yeaz terms, subject to fees and consideration mutually agreed to by the Parties
at the time of renewal.
C. If the purpose of any Site or of either Party's operations should be defeated or become
impracticable because of government or regulatory action, loss of FCC license, Licenser's economic
or business necessity, or other material impairment, including termination of Licensee's lease, no
matter how occasioned, either Party shall have the right to terminate the License as to the affected
Site without further obligation or liability, by giving aone-hundred-twenty (120) day written notice
to the other party.
D. The Agreement is subject to Licensee's available future funding, and if future funding
is not available the Agreement terminates.
8. FEES, CHARGES & REIMBi1RSEMENTS. Fees and other consideration for this Agreement
shall be as shown on Exhibit C, which is attached to and incorporated for all purposes into this
Agreement.
9. PAYMENT. Licensee shall pay full amount of rent annually ten days in advance of the
anniversary date of this agreement.
10. SITE MAINTENANCE. Licensor shall at its cost maintain the Site, grounds, fencing, tower
and roadways leading to the Site. Licensor shall have the right to make emergency repairs to any
equipment on the Premises without first notifying Licensee, if the repairs aze necessary to protect
the Site from further damage.
11. LICENSEE CONTRACTORS.
A. All work performed by Licensee or on behalf of Licensee in installing or maintaining
Licensee's equipment or shelters on the Sites shall be performed by contractors or other personnel
approved by Licensor. Licensor's approval may be contingent upon such personnel or contractors
providing proof of insurance in amounts satisfactory to Licensor, and otherwise establishing to
Licensor's satisfaction (in Licensor's sole judgment) the qualifications of such persons to perform
maintenance or installation of Licensee's equipment at the Site or Sites.
B. If, in accordance with the provisions of this Agreement, Licensee engages a contractor
to perform work at the Sites, the contractor shall be required to furnish an insurance certificate to
Licensor showing its liability insurance coverage before such contractor's personnel or
subcontractors enter a Site. If any mechanic's or materialman's liens aze filed by Licensee
contractors, subcontractors, workers or suppliers, Licensee shall at Licensee's expense promptly take
whatever action is necessary to remove them. Except in emergencies, Licensee's contractor shall
notify Licensor at least 24 hours prior to performing any work on Licensor's towers.
12. SAFETY REQUIREMENTS. All work performed at the Sites by Licensee, its personnel and
contractors shall be in accordance with federal and state safety requirements and the best industry
practice. Licensee shall be responsible for assuring that its personnel and any contractors accessing
the Sites receive appropriate safety training. Licensee shall be responsible for job site safety while
Licensee's crews or Licensee's contractors or subcontractors are working at a Site. If Licensee's
personnel or contractors are at the site at any time when Licensor's personnel or contractors are also
at the site, Licensee's personnel or Contractors shall at the request of Licensor's personnel or
contractors vacate the site until Licensoe's personnel or contractors leave the site at which time
Licensee's personnel and contractors may return to the site
13. INTOXICANTS & DRUGS; EMPLOYEE CONDUCT. No intoxicants, illegal drugs, nor
employee or agents under the influence of any substance that may impair their performance shall be
allowed on the Sites at any time. Licensee shall promptly remove from the Sites any person who is
or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly.
Licensee shall ensure that its employees, contractors, subcontractors and their employees avoid
excessive noise, exceeding speed limits or reckless driving, use of weapons, or trespass on land not
included in this license.
14. SITE CLEANUP. Licensee shall ensure that its crews, contractors, and subcontractors keep
the Sites clean and properly dispose of debris resulting from their work. If Licensee or its contractors
allow any debris to accumulate or dispose of wastes improperly, Licensor shall have the right to
remove and remediate it and Licensee shall reimburse Licensor for the costs thereof.
15. INTERFERENCE.
A. Licensee shall install, operate and maintain its equipment and facilities in a manner which
will not physically or electronically interfere with or cause signal degradation to Licensor's
commercial mobile radio service system or point-to-point microwave transmission system, or with
any Prior Licensees (as defined below).
B. If Licensee's operations should interfere with those of Licensor or of Prior Licensees,
Licensee shall at its own expense promptly correct the interference. If Licensee fails to promptly
eliminate the interference, Licensor shall have the right to enter the Premises and shut down
Licensee's equipment and operations until Licensee can eliminate the interference or, as a last resort,
to terminate Licensee's License as to that Site.
C. In the event of interference among the operations of multiple occupants of a particular
Site or occupants of multiple Sites, the requirements for eliminating interference shall be according
to the following priorities:
7
(a) Licensor's equipment and operations shall have top priority; no licensee's equipment or
operations shall interfere with Licensor's equipment or operations under any circumstances.
(b) Licensee's equipment and operations shall have priority over Subsequent Licensees at
that Site, which shall mean other licensees whose Licenses for that Site were initiated later
than Licensee's License.
(c) Licensee's equipment and operations shall yield to Prior Licensees at that Site, which
shall mean other licensees whose Licenses for that Site were initiated earlier than Licensee's
License, including their successors or assigns;
(d) If, after the initial installation, Licensee should modify its equipment or operations or
change the tower or antenna configuration at a particulaz Site, and should these modifications
or changes introduce interference (including interference affecting more than one Site), then
Licensee shall be treated as a Subsequent Licensee with respect to these modifications or
changes, and shall yield to the other Site occupants notwithstanding that Licensor may have
given its consent to such changes. However, Licensee's original equipment operations and
antenna configuration shall not lose their original priority, in the event Licensee desires to
reverse the changes and return to its original mode of operation.
16. INSURANCE.
A. Throughout the terms ofthe Licensees for each Site and any renewal terms, Licensee shall
maintain at least the insurance coverages specified below and shall provide to Licensor an insurance
certificate listing the coverages before starting any Work.
B. Licensor and Landowner shall be named as additional insureds under such policies. The
coverages shall not be construed as establishing or limiting Licensee's liability under the indemnity
provision.
C. Worker's Compensation
Coverage A- Statutory
Coverage B- $500,000 employer's liability
General Liability
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000.000 per occurrence
Automobile Liability
(including owned or leases vehicles and heave machinery)
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000,000 per occurrence
D. Licensee's contractors and subcontractors shall be required to carry the same types and
amounts of insurance while they perform work at any of the Sites.
17. PERSONAL INJURY & PROPERTY DAMAGE INDEMNITY.
A. Licensee agrees to defend, indemnify and hold harmless Licensor, its owners, officers,
directors, employees, agents, and affiliates and the Site Landowners, and their respective trustees and
beneficiaries and the respective agents, heirs administrators, assigns, executors, successors and
assigns of such trustees and beneficiaries from and against any and all claims, losses, penalties,
forfeitures, damages, judgments, causes of action, suits, liabilities, costs and expenses, including
reasonable expenses, costs and attorney's fees, arising out of any negligent or willful act or omission
of Licensee's personnel, contractors or subcontractors of any tier that causes or contributes to
personal injury or property damage during the performance of this Agreement and further against
any claim by any person or entity arising out of any failure or alleged failure of Licensee's
communications system to operate or to operate to any specific standazd or degree, no matter how
such failure occurs, including the negligence of any of those so indenuufied. Licensee shall be liable
for the cost of restoration, repair or replacement of any Licensor's facilities to the extent such
facilities aze damaged or destroyed as a result of any act of Licensee, its employees, contractors or
subcontractors or their activities on the Site, irrespective of whether such is the result of any
negligence. Licensee shall pay the costs of any road damage caused by its vehicles or those of its
contractors, subcontractor or suppliers.
B. To the extent allowed by law, Licensor agrees to defend, indemnify and hold harmless
Licensee, its owners, officers, directors, employees, agents and affiliates from and against any and
all claims, losses, penalties, forfeitures, damages, judgments, causes of action, suits, liabilities, costs
and expenses, including reasonable expenses, costs and attorney's fees arising out of any negligent
or willful act or omission of Licensor's personnel contractors or subcontractors of any tier that causes
or contributes to personal injury or property damage during the performance of this Agreement.
Licensor shall be liable for the cost of restoration, repair or replacement of any Licensee facilities
only to the extent such facilities aze damaged or destroyed as a result of a negligent or willful act of
any Licensor, its employees, contractors or subcontractors.
C. Notwithstanding any other provisions of this Agreement, neither party nor the Landowner
shall be liable to the other for special, incidental, consequential, punitive or indirect damages or for
any loss of use, revenue, or profit suffered by the other Parry or its successors or assigns, customers
or affiliates in connection with any breach of obligation under this Agreement, nor as a result of
Premises defect, interference, failure or unavailability of a tower or any equipment, facility or service
to be provided by Licensor or by Licensee under this Agreement, or under any other circumstance.
18. FORCE MAJEURE.
A. Neither party shall be liable for delays, nonperformance, damage or losses due to causes
beyond its reasonable control, including, but not limited to action of the elements, severe weather,
9
fires, floods, sabotage, government or regulatory action including withholding of approvals, strikes,
embazgos or delays beyond the control of vendors or contractors. Damage, vandalism, water
leakage, failure or collapse of a tower or communications shelter (except where attributable to any
action of Licensee or its personnel or contractors), whether or not caused or contributed to by a latent
defect shall be considered a Force Majeure event.
B. A Party whose performance is hindered or delayed shall use its best efforts to reduce the
length of the delay and to mitigate the effects of it.
C. In the event that a tower or Site facilities should be damaged by Force Majeure, Licensor
may elect not to repair or replace the tower or Site Facilities, in which case Licensee's License for
that Site shall terminate.
19. NO THIRD-PARTY BENEFICIARIES; NO PROPERTY RIGHTS. The terms and
conditions of this Agreement aze intended for the sole benefit of Licensor and Licensee. Nothing
in this Agreement, express or implied, is intended to confer any benefits, rights or remedies upon any
third party, including members of the public who may benefit or claim to be benefitted by operation
of either Licenser's or Licensee's system, and who may be harmed or claim to be harmed by a failure
of either system to operate or perform as intended. Nothing in this Agreement or in the performance
shall create or vest in Licensee or its successors or assigns any title, ownership, easement or any
other property rights in Licensor's systems, lands or other property.
20. LAWS, REGULATIONS, PERMITS.
A. Licensee shall acquire the necessary permits and licenses to install and operate its
equipment, and shall comply with applicable laws, regulations and ordinances. In the event Licensee
is unable to obtain or maintain any FCC permit or other Governmental Approval necessary to its
operations, Licensee may temunate the affected Licenses under this Agreement upon 30 days written
notice to Licensor.
B. Licensor shall be responsible for compliance with FAA or FCC tower mazking and
lighting requirements. Licensor shall ensure that the tower is operated and maintained in compliance
with applicable laws, regulations and ordinances. Licensor shall indemnify and hold harmless
Licensee from any fines or other liabilities caused by Licensor's failure to comply with these
requirements.
21. ENTIRE AGREEMENT & MODIFICATIONS. This Agreement, including its Exhibits,
constitutes the entire agreement and understanding between the Parties and supersedes previous
negotiations, understandings, discussions, correspondence or representations. Neither the Agreement
nor its Exhibits shall be modified or changed except by a writing executed by both Parties. No
verbal representation of any negotiator, engineer, officer, employee or agent of either Party shall vary
the written terms of this Agreement. No waiver of any right under the Agreement shall be effective
unless a writing signed by the Party grants the waiver.
10
This Agreement is executed this 7.0 ~ day of ~, 2002.
LICENSOR:
TEXAS RSA1/5B~2 LIMITED PARTN SHIP
Signature: C- •~~
Sf/° C. R. Weinheimer
Title: President, Kerrville Cellulaz Management, LLC
LICENSEE:
KERR COUN")',Y
y/ -,-.~
Signature: // j) ~_ ~
Title: ~~.-~ Lc;~~~~~~~
LANDOWNERS:
Emily Eli abeth Mosty Harlan
~% ~ ; ~
/B y Hazlan, pro forma

Date: j/ / ~._
11
EXHIBIT A
DESCRIPTION OF SITE
All that certain tract or parcel of land lying and being situated in Kerr County, Texas, and
being 2.6265 acres of land, more or less, out of Survey No. 49, Wm. L. Hailey, Abstract No 179, the
said 2.6265 acres being out of and a part of that 37.05 acre tract conveyed to Grantor in several
deeds, more particularly described in that certain Gift Deed from Raymond F. Mosty and Julia W.
Mosty dated December 22, 1987 of record at Volume 454, Page 515 of the Real Property Records
of Kerr County, Texas, said 2.6265 acres being as shown on the plat attached hereto.
12

Exhibit B
Equipment List
"Center Point Site"
Antennas & Cable:

• 2- Radio Ta Antenna SRL227HD*4 Directional, Mounted at Approximately 71'
• l-Radio RX Antenna DB616AB Omni Directional, Mounted at Approx. 71'
• t-Microwave Antenna KP6F-820 Directional, Mounted at Approximately 50'
• 4- Cable Runs for Aatertnas Above, Andrew LDFS-SOB Heliax.
Equipment Shelter
• 1-Tuff Shed Brand, 10'x12' Equipment Shelter. Located in back North East
comer by Tower.
Radiated Power
• Radio 150-174Mhz Band, +56 dbm max ERP per channel (~ charmei)
• Microwave 450-970Mhz, +56 dbm max ERP per channel (1 channel)
General Description
• 2-Master III VHF Repeaters
• 2- WWVB Receivers
• tiPS and power distribution systems
• Transmit and Receiver combiner equipment
• Simulcast Alarm and Controller equipment
• 960 MHz Microwave equipment
"Minor changes to the above general specificatiens may be necessazy due to FCC and
other requirements"
EXHIBIT C
FEES AND OTHER CONSIDERATION TO LANDOWNER
SITE NAME: Beth Harlan Site
A. Antenna and Ground Space
ANNIJAL PAYMENT TO LICENSOR $2,000.00
INITIAL PAYMENT TO LANDOWNER $2,500.00
MONTHLY RENTAL -payable in advance $ 250.00
(Plus 3% annual escalation fee beginning Oct. 1, 2003)
Signatures:
Licensee:
Licensor: 6qA
Landowner:
Date: ~ C
Date: S-TA~ zooL
Date: J "•~3~~'~
Date: -s J~S~~J ~`-
14
~~
LANDOWNER CONSENT TO SUBLICENSE
WHEREAS, the wtdersigned Landowners entered into a lease agreement with Texas
RSA15B2 Limited Partnership as Lessee, dated I'~I9 30r LpOLthe "Agreement" for the lease of certain
real property in Kerr County, Texas, more particularly described in Exhibit A attached hereto,
hereinafter the "Leased Premises; and
WHEREAS, the terms of such Agreement prohibit Lessee from subletting or sub-licensing
the use of the Leased Premises without the consent of Landowners; and
WHEREAS, Kerr County desires to sublet or obtain asub-license from Lessee for use of the
Leased Premises, and Lessee has agreed, subject to obtaining Landowner's consents, to sublet or sub-
license the Leased Premises to Kerr County upon terms and conditions set out in that certain
agreement between Kerr County and Lessee titled "Communications Facilities Site License
Agreement", hereinafter the "Sub-license Agreement", a copy of which is attached hereto; and
WHEREAS, Landowners aze agreeable to giving consent to the Sub-License Agreement upon
the terms and conditions set out herein:
NOW, THEREFORE, the Landowners and Ken County agree as follows:
Kerr County agrees to:
A. Construct an all weather road ~ feet in width at the location shown on Exhibit A
attached hereto "the Road" generally from the North line of the State Highway 41
Right-of--Way along and to the west of the landowners eastermost property line, to
the location of the subleased site on the Leased Premises;
B. Construct adeer-proof high fence along the western boundary of the all weather road
right-of--way from the Landowners fence along the North right-of--way of State
Highway 41 to, and connecting to, the security fence surrounding the improvements
on the Leased Premises at the subleased Site, creating an access lane 50 feet in width;
C. Construct a high gate 12 feet in width in the Landowners' fence on the North right-
of-way line of State Highway 41 for access to the road across the Leased Premises.
2. In consideration of Kerr County's promise to construct the road, fence and gate as set out
above, and the performance of such promise, Landowners hereby consent to Texas
RSA15B2's sub-license of the Leased Premises to Kerr County.
Upon completion of the road, Texas RSA15B2 agrees to abandon its easement across
Landowner's property of record at Volume 783, Page 210, Real Property Records of Kerr
County, Texas, and thereafter its access to the Site will be via the Road through the access
lane.
4. In the event that Licensee fails to complete the Road and fence as set out above within a
reasonable time, which in no event shall be more than sixty (60) days following either 1)
Commencement of the construction thereof, or 2) Licensee's first occupation of the Site,
whichever occurs first, Landowner may serve notice on License that construction has not
been completed. Such notice shall be in writing and may be hand-delivered or sent by
Certified United States Mail, Retum Receipt Requested, or by Federal Express or like service,
or by courier. Licensor shall thereafter complete the construction within thirty (30) days
following its receipt of such notice, and in the event Licensee fails to do so, Landowners, at
their discretion, may withdraw this consent to sub-license, ab initio, and the same shall be of
no further force and effect.
5. This agreement and the rights, duties and obligations conferred or imposed upon the parties
hereby, are performable in Kerr County, Texas and venue in any dispute between the parties
hereto arising out of this Agreement shall be in a District Court or other court of competent
jurisdiction sitting in Kerr County, Texas.
Executed as of the date appearing below by each signature.
LICENSOR.
TEXAS RSA15B2 LIMITED PAR SHIP
Signaturg: Date. 5~~=-~-~ t
c~,~
C. R. Weinheimer
Title: President, Kerrville Cellular Management, IS.C
LICENSEE.
KERR CO
Signature: ~~ -~s~~t ~.~
7
Title: ~ ' fi'g' ~ c~ ~ .1~ <~ ~
Date: 5 0
-~-
LANDOWNERS:
C. Parlcer,•7-A-~istee~~
rP z-a-N .d..ri 2t-t~'~
Josephine Schreiner Parker, Trustee
Scott Schreiner Parker, Trustee
Date: +r~1 r~0'~-
By l~G7.r.~~~,r,~
E. C. Parker, III, Trustee
Date: ,S-2's -o'Z
BY -
o a cer, rustee
Date: ~ z ti' Z
By
E. C. Parker, Jr
Date: z=-- ~
~~ ~'_ ~ ~
Schreiner Park~eSr,~'Trustee
~c~zM` ~ ~i ~~%' O
Scott Schreiner Parker, Trustee
Date: ~~'+ ~0 =--
By ~~~ ~~
E. C. Parker, III, Trustee
Date: S- Z3 - 02
BY
Tobi a cer, rustee
Date: Sl d' Z_
-3-
Page 1 of 2
EXHIBIT A
LEASED PREMISES
Being 10.0414 acres of land out of G.C.&S.F.R.R. Co. Survey No. 1071, Certificate No.
1/26, and being a part of a certain 4753.235 acre tract of land, said tract of land being the same and
identica14499.745 acre tract partitioned to Landowners by Partition Deed dated March 18, 1980, of
record at Volume 237, Page 215 of the Deed Records of Kerr County, Texas, AND that certain
376.0 acre tract exchanged to Landowners from Robert B. Berryman and LESS AND EXCEPT that
certain 122.51 acre tract exchanged to Robert B. Berryman by Landowners, both by Exchange Deed
dated July 1, 1987 of record at Volume 434, Page 273 of the Real Property Records of Kerr County,
Texas, to which instruments and their record reference is here made for all purposes, said 10.0414
acres being more particularly described by metes and bounds as follows, to-wit:
Beginning at the southeastern most corner of said 4753.235 acre tract, said corner
being the northeast corner of that 0.094 acre tract conveyed as parcel 8 to the State
of Texas by Deed dated February 21, 1957 of record in Volume 103 at Page 184 of
the Deed Records of Kerr County, Texas, for the southeast of the herein described
lease property;
Thence with a south property line and the north right-of--way line of State Highway
41 along a curve to the left having a central angle of 06°02'29", a radius of 5789 65
feet and a long chord of 5.75° 10'46" W , 610 18 feet, a distance of 610.46 feet to a
point;
Thence not with a property line north 823.71 feet and east 589 88 feet to a point in
the east property line of said 293 acre tract;
Thence with the east property line of said 4753.235 acre tract south 667.63 feet to the
place of beginning and containing 10.0414 acres of land more or less.
-4-
LEASE AREA BOUNDARY
EAST SS9,88'
JOSEPHINE CARR SCHREINER TRUST
JOSEPHINE SCHREINER PARKER TRUST
SURVEY N0. 1071, CERTIFICATE NO.1/26
PROPERTY ^UT ^F 293 ACRES
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LEASE AREA BOUNDARY
CURVE T^ THE LEFT
CENTAL ANGLE - 06.02'29'
R - 5789.65'
LC - 5.75'10'46'W., 610.18'
L - 610.46'
GuR~ E
I,IN~`6`-~~ ,
PRA PR,G~E 1697.6 8
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# 41
HIGH AY
5.1 p,-( E
EXHIBIT 'A'
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PSCALE~ 1:>f 2100'
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ACCESS LANE
R - 5789.65'
ANGLE - 16'48'
L - 51.13'
CURVE
COMMUNICATIONS FACILITIES
SITE LICENSE AGREEMENT
TEXAS RSA 152B2 LIMITED PARTNERSHIP (Licensor) hereby grants a license, as of
the Site License Date written below, to the named Licensee to install, operate, maintain and remove
communications equipment at the named Site, under the conditions specified below and in accordance
with the applicable General Terms and Conditions.
THE JOSEPHINE CARR SCHREINER TRUST AND THE JOSEPHINE SCHREINER
PARKER TRUST for and the consideration described in Exhibit C hereby consents to this Site
License Agreement to the named Licensee to install, operate, maintain and remove communications
equipment at the named Site, under the conditions specified below and in accordance with the
applicable General Terms and Conditions.
Landowner does further consent to the construction and installation of a new al] weather road
and fencing on the premises as approved on separate drawings.
Licensee. KERR COUNTY
Site Name: Parker Ranch
Licensee Site Name and/or Number:
Location: Highway 41, 12 miles West of Mt. Home, Kerr County, Texas
Site Landowner: THE JOSEPHINE CARR SCHREINER TRUST AND THE JOSEPHINE
SCHREINER PARKER TRUST
Tower Owner: TEXAS RSA 15B2 LINIITED PARTNERSHIP
License Date: 5 - a e C ~
Licensee's Address for Notices: Kerr County, c/o Kerr County Judge, Kerr County
Courthouse, Kerrville, Texas 78028
List contacts for site maintenance and emergencies.
Texas RSA15B2 Limited Partnership Kerr County'
(Day) Robin McGough Kerr County Sheriff s Department
Office: 830-257-9161 830-896-1216
Cellular: 830-739-1002 400 Clearwater Paseo
(Night) Night Repair Clerk /Service Bureau Kerrville, Texas 78028
830-257-0114
TERMS AND CONDITIONS
This Communications Facilities License Agreement (Agreement) between the Licensor and
Licensee, sometimes referred to as the Parties, is executed to grant to Licensee nonexclusive licenses
to install, operate, maintain, repair and remove Licensee's communications equipment including
antennas, cabling, hazdwaze, and associated electronics at the "Site" in accordance with the following
terms and conditions.
1. GRANT OF LICENSE. Licensor hereby grants to Licensee and Licensee hereby accepts
nonexclusive license to install, operate, maintain, repair and remove Licensee's communications
equipment at the Site described on Exhibit A, which is attached to and incorporated for all purposes
into this Agreement, in consideration for the fees and other consideration shown herein and in
accordance with the terms and conditions of this Agreement.
2. SCOPE OF LICENSE. The License shall consist of the following rights and duties:
A. Licensee may utilize the Site and Licensor's communications tower located at the site,
to install, operate and maintain an equipment shelter, radios, antennas, equipment and appurtenances
as listed on Exhibit B attached hereto which is incorporated into this Agreement for all purposes,
including equipment replacements and upgrades which do not alter the frequencies radiated
therefrom nor the Radiated Power thereof, and which do not alter the physical location of any
antennas on the tower.
B. Licensor does not represent or warrant that the condition or location of the Site or Tower
is suitable for Licensee's intended use, or that the tower is capable of supporting Licensee's antennas
and other tower equipment. Prior to Licensee placing any equipment at the Sites, Licensee shall
comply with the terms of this Agreement contained elsewhere herein regazding the obtaining from
Licensor of a written Authority to Proceed.
C. Licensee shall be solely responsible for the design of its communications installation,
including the construction of any equipment shelter.
D. After obtaining from Licensor a written Authority to Proceed, Licensee may proceed to
install and operate its communications equipment and equipment shelter at the Site, conditioned that
all installation shall be accomplished by using personnel or independent contractors approved by
Licensor.
E. Licensee shall during the term of this Agreement, and or any extension or renewal thereof,
have the right to access the Site across the property leased by Licensor in which the Site is included,
utilizing a road to be built by Licensee at the request and insistence of the Landowners as
consideration for Landowner's consent to this license. The terms of Landowners' Consent aze
contained in a sepazate agreement between the parties.
3. AUTHORITY TO PROCEED
A. Licensee will provide detailed plans and specifications of its intended equipment
locations, including antennas to be placed on the tower, and including the size and number of
waveguides, equipment shelters, and such other information as Licensor may reasonably request.
B. Upon receipt of the information, Licensor, at Licensee's expense, will have a structural
analysis performed by the tower manufacturers or other competent engineer, to determine whether
the tower is capable of supporting the Licensee's antennas and any other planned Licensor's
antennas. If structural modifications are necessitated solely because of Licensee's proposed
attachments, Licensee may, at its option, cancel this Licensee or authorize Licensor, at Licensee's
cost, to make such structural modifications as may be necessary to accommodate Licensee's
antennas.
C. Licensee shall provide Licensor with copies of all FCC or other approvals or authority
required by Licensee, and shall warrant and represent to Licensor that no authorities other than those
provided aze required.
D. Licensee shall provide to Licensor all information required by this License regazding
Licensor's personnel or contractors, including insurance certification, for anyone who will be
engaged to construct and/or maintain the Licensee's facilities, and will represent and warrant that
no other personnel will be engaged in such activity unless Licensor first approve such personnel or
contractors.
E. If Licensor disapproves any part of Licensee's proposed construction, or Licensee's
personnel or contractor, it shall notify Licensee thereof and the reasons therefor within ten (10)
business days of Licensee's delivery of the required information to Licensor.
F. At such time as all Licensor's objections, if any, have been satisfied, Licensor shall issue
to Licensee a written Authorization to Proceed. Until such Authorization is issued, Licensee shall
not begin construction at the site. After Authorization is granted, Licensee shall proceed with
construction in accordance with the plans and specifications approved by Licensor utilizing the
personnel and/or contractor approval by Licensor, and shall not deviate from the approved plans and
specifications nor use other personnel or contractors, without Licensur's express written approval.
Any such deviation or utilization of unapproved personnel or contractors shall be deemed a material
breach of this license.
4. FACILITIES AND UTILITIES:
A. Licensee shall provide its own equipment shelters at each site. All equipment shelters or
facilities shall be subject to approval by Licensor. Licensee shall provide its own utility connections
at each site and Licensee shall not connect to or through Licensor's electric meter or breaker panel.
4
B. Licensee shall provide security and insurance for its equipment, if desirable. Neither
Licensor nor the landowner of any Site shall be liable to Licensee or any third party for burglary, or
vandalism, or losses or damage to Licensee's equipment or failure of Licensee's equipment to
operate properly due to tower failure or any other causes, whatsoever, including any alleged
negligence of Licensor or landowner, or their employees, officers, or owners.
C. Licensee shall have the right of ingress and egress to each Site at all times during the
terms of the License to repair and maintain its equipment.
5. RESERVATIONS & PROHIBITIONS.
A. Licensor reserves the right to operate its own equipment at the Site and to license space
and operating rights to others, provided that the operations of later licensees do not interfere with
those of Licensee. Licensee shall not have exclusive possession of any of the Premises. Licensor
shall not be liable to Licensee or any third party for the performance or coverage of Licensee's
equipment or radio system, and Licensee agrees to indemnify and hold Licensor and Licensor's
Lessors harmless against all claims, including acts of negligence asserted by any person or entity,
arising out of the use or performance of Licensee's radio system, and specifically including, but not
limited to, the operation of Licensee's radio system from the licensed site.
B. Licensee's use shall be subject to maintenance requirements of Licensor, but Licensor's
facilities will not be taken off air to accommodate maintenance requirements of Licensee.
C. Licensor occupies the sites which aze the subject of this Agreement under leases from
third parties whose consent to this license is absolutely required. This licensee is subject to Licensee
obtaining, in writing, such consents. In the event any landowner refuses to give consent to this
License, this License shall be null and void as to the Site for which consent is not obtained, and
Licensor shall have no further responsibility to Licensee with regazd to such site. In the event
consent is obtained, then this Licensee shall be subject to the terms and provisions of the underlying
easements or leases and to any pre-existing restrictions, encumbrances or covenants.
D. Notwithstanding anything to the contrary in this Agreement, the license for any Site,
granted by Licensor in this Agreement shall automatically terminate if Licensor's rights to that Site
are terminated or otherwise terminate or are lost, no matter how occurring. In such event, Licensor
shall have no further obligations to Licensee with regazd to such site.
6. EXPANDED SCOPE OF OPERATIONS. After the initial installation is complete, Licensee
may not expand the scope of its operations on the Sites, nor modify the Licensed Premises in any
way, except as provided in 2 above.
7. TERM OF LICENSE.
5
A. Initial Term. The initial License Terms for the Site shall begin on the execution date of
this Agreement and end on the anniversary date of the Agreement Ten (10) yeazs later, provided that
the License may be terminated eazlier as provided elsewhere herein.
B. Renewal Terms. Licensee and Licensor may agree to renew this Agreement for one
successive ten (10) year terms, subject to fees and consideration mutually agreed to by the Parties
at the time of renewal.
C. If the purpose of any Site or of either Party's operations should be defeated or become
impracticable because of government or regulatory action, loss of FCC license, Licensor's economic
or business necessity, or other material impairment, including termination of Licensor's lease, no
matter how occasioned, either Party shall have the right to terminate the License as to the affected
Site without further obligation or liability, by giving aone-hundred-twenty (120) day written notice
to the other party.
D. The Agreement is subject to Licensee's available future funding, and if future funding
is not available the Agreement terminates.
8. FEES, CIIARGES & REIMBURSEMENTS. Fees and other consideration for this Agreement
shall be as shown on Exhibit C, which is attached to and incorporated for all purposes into this
Agreement.
9. PAYMENT. Licensee shall pay full amount of rent annually ten days in advance of the
anniversary date of this agreement.
10. SITE MAINTENANCE. Licensor shall at its cost maintain the Site, grounds, fencing, tower
and roadways leading to the Site. Licensor shall have the right to make emergency repairs to any
equipment on the Premises without first notifying Licensee, if the repairs aze necessary to protect
the Site from further damage.
11. LICENSEE CONTRACTORS.
A. All work performed by Licensee or on behalf of Licensee in installing or maintaining
Licensee's equipment or shelters on the Sites shall be performed by contractors or other personnel
approved by Licensor. Licensoe's approval may be contingent upon such personnel or contractors
providing proof of insurance in amounts satisfactory to Licensor, and otherwise establishing to
Licensor's satisfaction (in Licensor's sole judgment) the qualifications of such persons to perform
maintenance or installation of Licensee's equipment at the Site or Sites.
B. If, in accordance with the provisions of this Agreement, Licensee engages a contractor
to perform work at the Sites, the contractor shall be required to furnish an insurance certificate to
Licensor showing its liability insurance coverage before such contractor's personnel or
subcontractors enter a Site. If any mechanic's or materialman's liens are filed by Licensee
contractors, subcontractors, workers or suppliers, Licensee shall at Licensee's expense promptly take
whatever action is necessary to remove them. Except in emergencies, Licensee's contractor shall
notify Licensor at least 24 hours prior to performing any work on Licenser's towers.
12. SAFETY REQUIREMENTS. All work performed at the Sites by Licensee, its personnel and
contractors shall be in accordance with federal and state safety requirements and the best industry
practice. Licensee shall be responsible for assuring that its personnel and any contractors accessing
the Sites receive appropriate safety training. Licensee shall be responsible for job site safety while
Licensee's crews or Licensee's contractors or subcontractors aze working at a Site. If Licensee's
personnel or contractors aze at the site at any time when Licensor's personnel or contractors aze also
at the site, Licensee's personnel or Contractors shall at the request of Licensor's personnel or
contractors vacate the site until Licensor's personnel or contractors leave the site at which time
Licensee's personnel and contractors may return to the site
13. INTOXICANTS & DRUGS; EMPLOYEE CONDUCT. No intoxicants, illegal drugs, nor
employee or agents under the influence of any substance that may impair their performance shall be
allowed on the Sites at any time. Licensee shall promptly remove from the Sites any person who is
or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly.
Licensee shall ensure that its employees, contractors, subcontractors and their employees avoid
excessive noise, exceeding speed limits or reckless driving, use of weapons, or trespass on land not
included in this license.
14. SITE CLEANUP. Licensee shall ensure that its crews, contractors, and subcontractors keep
the Sites clean and properly dispose of debris resulting from their work. If Licensee or its contractors
allow any debris to accumulate or dispose of wastes improperly, Licensor shall have the right to
remove and remediate it and Licensee shall reimburse Licensor for the costs thereof.
15. INTERFERENCE.
A. Licensee shall install, opernte and maintain its equipment and facilities in a manner which
will not physically or electronically interfere with or cause signal degradation to Licensor's
commercial mobile radio service system or point-to-point microwave transmission system, or with
any Prior Licensees (as defined below).
B. If Licensee's operations should interfere with those of Licensor or of Prior Licensees,
Licensee shall at its own expense promptly correct the interference. If Licensee fails to promptly
eliminate the interference, Licensor shall have the right to enter the Premises and shut down
Licensee's equipment and operations until Licensee can eliminate the interference or, as a last resort,
to terminate Licensee's License as to that Site.
C. In the event of interference among the operations of multiple occupants of a particular
Site or occupants of multiple Sites, the requirements for eliminating interference shall be according
to the following priorities:
7
(a) Licensor's equipment and operations shall have top priority; no licensee's equipment or
operations shall interfere with Licensor's equipment or operations under any circumstances.
(b) Licensee's equipment and operations shall have priority over Subsequent Licensees at
that Site, which shall mean other licensees whose Licenses for that Site were initiated later
than Licensee's License.
(c) Licensee's equipment and operations shall yield to Prior Licensees at that Site, which
shall mean other licensees whose Licenses for that Site were initiated eazlier than Licensee's
License, including their successors or assigns;
(d) If, after the initial installation, Licensee should modify its equipment or operations or
change the tower or antenna configuration at a particular Site, and should these modifications
or changes introduce interference (including interference affecting more than one Site), then
Licensee shall be treated as a Subsequent Licensee with respect to these modifications or
changes, and shall yield to the other Site occupants notwithstanding that Licensor may have
given its consent to such changes. However, Licensee's original equipment operations and
antenna configuration shall not lose their original priority, in the event Licensee desires to
reverse the changes and return to its original mode of operation.
16. INSITRANCE.
A. Throughout the terms of the Licensees For each Site and any renewal terms, Licensee shall
maintain at least the insurance coverages specified below and shall provide to Licensor an insurance
certificate listing the coverages before starting any Work.
B. Licensor and Landowner shall be named as additional insureds under such policies. The
coverages shall not be construed as establishing or limiting Licensee's liability under the indemnity
provision.
C. Worker's Compensation
Coverage A- Statutory
Coverage B- $500,000 employer's liability
General Liability
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000.000 per occurrence
Automobile Liability
(including owned or leases vehicles and heave machinery)
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000,000 per occurrence
D. Licensee's contractors and subcontractors shall be required to carry the same types and
amounts of insurance while they perform work at any of the Sites.
17. PERSONAL INNRY & PROPERTY DAMAGE INDEMNITY.
A. Licensee agrees to defend, indemnify and hold harmless Licensor, its owners, officers,
directors, employees, agcnts, and affiliates and the Site Landowners, and their respective trustees and
beneficiaries and the respective agents, heirs administrators, assigns, executors, successors and
assigns of such trustees and beneficiaries from and against any and all claims, losses, penalties,
forfeitures, damages, judgments, causes of action, suits, liabilities, costs and expenses, including
reasonable expenses, costs and attorney's fees, arising out of any negligent or willful act or omission
of Licensee's personnel, contractors or subcontractors of any tier that causes or contributes to
personal injury or property damage during the performance of this Agreement and further against
any claim by any person or entity arising out of any failure or alleged failure of Licensee's
communications system to operate or to operate to any specific standazd or degree, no matter how
such failure occurs, including the negligence of any of those so indemnified. Licensee shall be liable
for the cost of restoration, repair or replacement of any Licensor's facilities to the extent such
facilities aze damaged or destroyed as a result of any act of Licensee, its employees, contractors or
subcontractors or their activities on the Site, irrespective of whether such is the result of any
negligence. Licensee shall pay the costs of any road damage caused by its vehicles or those of its
contractors, subcontractor or suppliers.
B. To the extent allowed by law, Licensor agrees to defend, indemnify and hold harmless
Licensee, its owners, officers, directors, employees, agents and affiliates from and against any and
all claims, losses, penalties, forfeitures, damages, judgments, causes of action, suits, liabilities, costs
and expenses, including reasonable expenses, costs and attorney's fees arising out of any negligent
or willful act or omission of Licensor's personnel contractors or subcontractors of any tier that causes
or contributes to personal injury or property damage during the performance of this Agreement.
Licensor shall be liable for the cost of restoration, repair or replacement of any Licensee facilities
only to the extent such facilities aze damaged or destroyed as a result of a negligent or willful act of
any Licensor, its employees, contractors or subcontractors.
C. Notwithstanding any other provisions of this Agreement, neither party nor the Landowner
shall be liable to the other for special, incidental, consequential, punitive or indirect damages or for
any loss of use, revenue, or profit suffered by the other Party or its successors or assigns, customers
or affiliates in connection with any breach of obligation under this Agreement, nor as a result of
Premises defect, interference, failure or unavailability of a tower or any equipment, facility or service
to be provided by Licensor or by Licensee under this Agreement, or under any other circumstance.
18. FORCE MAJEURE.
A. Neither parry shall be liable for delays, nonperformance, damage or losses due to causes
beyond its reasonable control, including, but not limited to action of the elements, severe weather,
fires, floods, sabotage, government or regulatory action including withholding of approvals, strikes,
embargos or delays beyond the control of vendors or contractors. Damage, vandalism, water
leakage, failure or collapse of a tower or communications shelter (except where attributable to any
action of Licensee or its personnel or contractors), whether or not caused or contributed to by a latent
defect shall be considered a Force Majeure event.
B. A Party whose performance is hindered or delayed shall use its best efforts to reduce the
length of the delay and to mitigate the effects of it.
C. In the event that a tower or Site facilities should be damaged by Force Majeure, Licensor
may elect not to repair or replace the towet or Site Facilities, in which case Licensee's License for
that Site shall terminate.
19. NO THIRD-PARTY BENEFICIARIES; NO PROPERTY RIGHTS. The terms and
conditions of this Agreement aze intended for the sole benefit of Licensor and Licensee. Nothing
in this Agreement, express or implied, is intended to confer any benefits, rights or remedies upon any
third party, including members of the public who may benefit or claim to be benefitted by operation
of either Licensoe's or Licensee's system, and who maybe harmed or claim to be harmed by a failure
of either system to operate or perform as intended. Nothing in this Agreement or in the performance
shall create or vest in Licensee or its successors or assigns any title, ownership, easement or any
other property rights in Licensoe's systems, lands or other property.
20. LAWS, REGULATIONS, PERMITS.
A. Licensee shall acquire the necessary permits and licenses to install and operate its
equipment, and shall comply with applicable laws, regulations and ordinances. In the event Licensee
is unable to obtain or maintain any FCC permit or other Governmental Approval necessary to its
operations, Licensee may terminate the affected Licenses under this Agreement upon 30 days written
notice to Licensor.
B. Licensor shall be responsible for compliance with FAA or FCC tower mazking and
lighting requirements. Licensor shall ensure that the tower is operated and maintained in compliance
with applicable laws, regulations and ordinances. Licensor shall indemnify and hold harmless
Licensee from any fines or other liabilities caused by Licensor's failure to comply with these
requirements.
21. ENTIRE AGREEMENT & MODIFICATIONS. This Agreement, including its Exhibits,
constitutes the entire agreement and understanding between the Parties and supersedes previous
negotiations, understandings, discussions, correspondence or representations. Neither the Agreement
nor its Exhibits shall be modified or changed except by a writing executed by both Parties. No
verbal representation of any negotiator, engineer, officer, employee or agent of either Parry shall vary
the written terms of this Agreement. No waiver of any right under the Agreement shall be effective
unless a writing signed by the Party grants the waiver.
10
This Agreement is executed this Z~~ day of ~~~ , 2002.
LICENSOR:
LANDOWNERS.
TEXAS RSA15B2 LIMITED PARTNERSHIP
~~ ~ ,
Signature:
•~~ C. R. Weinheimer
Title: President, Kerrville Cellular Management, LLC
LICENSEE:
Date: s~2s-pi
KERR COUN
i
Signature ~ ~ v~ Date: ~~ ~
Title: ~' ~~lA~ c.`
ST.
By
C. Parker, Jr.,(~T~ru/sJt~e~--~/y~:
a~Lb~.~~..D~~?a/ca- cti~rlc~ / jG,S-E~`/1.p~
~JJosep~hine~Schreiner P k r, Trustee
BY i2%vv[i~
Schreiner Parker, Trustee
By ~~~~
E. C. Parker Trustee
~~~
Tobin M. Parker, Trustee
(FiveStar.1022/Rev'd 02.26.02)
C. Parker, Jr.,
I
'Joseptu~ e~~ ~/Trustee
Scott S~chre(i~ner Parker, Trustee
By ~`%~-~~e.-ems
E. C. Parker, III, Trustee
By
Tobin M. ar cer, ru ee
I1
Page I of 3
EXHIBIT A
DESCRIPTION OF SITE
The improved (under security fence) portion of the below described 10.0414 acre leased
premises, as more particularly shown on Pages 2 and 3 following.
Being 10.0414 acres of land out of G.C.&S.F.R.R. Co. Survey No. 1071, Certificate No.
1/26, and being a part of a certain 4753.235 acre tract of land, said tract of land being the same and
identica14499.745 acre tract partitioned to Landowners by Partition Deed dated March 18, 1980, of
record at Volume 237, Page 215 of the Deed Records of Kerr County, Texas, AND that certain
376.0 acre tract exchanged to Landowners from Robert B. Berryman and LESS AND EXCEPT that
certain 122.51 acre tract exchanged to Robert B. Berryman by Landowners, both by Exchange Deed
dated July 1, 1987 of record at Volume 434, Page 273 of the Real Property Records of Kerr County,
Texas, to which instruments and their record reference is here made for all purposes, said 10.0414
acres being more particularly described by metes and bounds as follows, to-wit:
Beginning at the southeastern most comer of said 4753.235 acre tract, said corner
being the northeast corner of that 0.094 acre tract conveyed as parcel 8 to the State
of Texas by Deed dated February 21, 1957 of record in Volume 103 at Page 184 of
the Deed Records of Kerr County, Texas, for the southeast of the herein described
lease property;
Thence with a south property line and the north right-of--way line of State Highway
41 along a curve to the left having a central angle of 06°02'29", a radius of 5789 65
feet and a long chord of S 75°10'46" W. , 610.18 feet, a distance of 610 46 feet to a
point;
Thence not with a property line north 823.71 feet and east 589.88 feet to a point in
the east property line of said 293 acre tract;
Thence with the east property line of said 4753.235 acre tract south 667.63 feet to the
place of beginning and containing 10.0414 acres of land more or less.
LEASE AREA BOUNDARY
EAST 589.88'
JOSEPHINE CARR SCHREINER TRUST
JOSEPHINE SCHREINER PARKER TRUST
SURVEY N0. 1071, CERTIFICATE NC7.1/26
PROPERTY ^UT ^F 293 ACRES
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EAST, 183.14'
N.59'36'25'E.
59.71'
WEST, 163.35'
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LEASE AREA BOUNDARY
CURVE T^ THE LEFT
CENTAL ANGLE - 06'02'29'
R - 5789.65'
LC - 5.75'10'46'W., 610.18'
L - 610.46'
cUR~/ E
~1NE 65,
OPER~~ 5'896 48,
P’ ARGUE 1697.6
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ACCESS LANE
R - 5789.65'
ANGLE - 16'48'
L - 51.13'
CURVE
L-
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EJchibit A
Page 3 df 3
~~
6acss aa.u
PARKER CELL SITE
SULE~ 1. 10' 03/06/@ 1AtlVJiY

Exhibit B
Equipment List
"Mountain Home Site"
Antennas & Cable'
• 2- Radio TX Antenna SRL227HD*4 Directional, Mounted at Approx. 150'
• L- Radio RX Antetma DB616AB Omni Directional, Mounted at Approx. 397'
• 1- Ivficrowave Antenna KP5F-820 Directional, Mounted at Approximately 225'
• 4 Cable Runs for Antennas .46ove, Andrew LDF7-SGB Heliax.
Equipment ShzLtzr
• 1-Tuff Shed Brand, 10'x 12' Equpment Shelter. Located in back South comer by
Tower.
Radiated Powe:
• Radio 150-174.'vlltz Band; -56 dbm max ERP per channel (2 channel)
• tificrowave 950-970Mhz, +56 dbm max ERP per channel (1 channel)
General Description
• 2-Master III VHF Repeaters
• 2- WWVB Receivers
• UPS and power distribution. systems
• Transma and Receiver combiner equipment
• Simulcast Alarm and Contm]ler equipment
• 9GG MHz Microwave equtpment
"Minor changes to the above general specifications maybe necessary due to FCC and
other requirements"
EXHIBIT C
FEES AND OTHER CONSIDERATION
SITE NAME: Parker Ranch
A. Antenna and Ground Space
ANNUAL LICENSE FEE TO LICENSOR $2,000
ONE TIME CONSIDERATION TO LANDOWNER:
Construction of a new all weather road, and fencing along new road, as per separate
agreement with Licensee
COMMUNICATIONS FACILITIES
SITE LICENSE AGREEMENT
TEXAS RSA 152B2 LIMITED PARTNERSHIP (Licensor) hereby grants a license, as of
the Site License Date written below, to the named Licensee to install, operate, maintain and remove
communications equipment at the named Site, under the conditions specified below and in accordance
with the applicable General Terms and Conditions.
THE JOSEPHINE CARR SCHREINER TRUST AND THE JOSEPHINE SCHREINER
PARKER TRUST for and the consideration described in Exhibit C hereby consents to this Site
License Agreement to the named Licensee to install, operate, maintain and remove communications
equipment at the named Site, under the conditions specified below and in accordance with the
applicable General Terms and Conditions.
Landowner does further consent to the construction and installation of a new all weather road
and fencing on the premises as approved on separate drawings.
Licensee: KERR COUNTY
Site Name: Parker Ranch
Licensee Site Name and/or Number:
Location: Highway 41, 12 miles West of Mt. Home, Kerr County, Texas
Site Landowner: THE JOSEPHINE CARR SCHREINER TRUST AND THE JOSEPIINE
SCHREINER PARKER TRUST
Tower Owner: TEXAS RSA 15B2 LIMITED PARTNERSHIP
License Date: ~~ - ~~ o U ~
Licensee's Address for Notices: Kerr County, c/o Kerr County Judgc, Keii County
Courthouse, Kerrville, Texas 78028
List contacts for site maintenance and emergencies:
Texas RSAl5B2 Limited Partnership: Kerr County:
(Day) Robin McGough Kerr County Sheriffls Department
Office: 830-257-9161 830-896-1216
Cellular: 830-739-1002 400 Clearwater Paseo
(Night) Night Repair Clerk /Service Bureau Kerrville, Texas 78028
830-257-0114
TERMS AND CONDITIONS
This Communications Facilities License Agreement (Agreement) between the Licensor and
Licensee, sometimes referred to as the Parties, is executed to grant to Licensee nonexclusive licenses
to install, operate, maintain, repair and remove Licensee's communications equipment including
antennas, cabling, hardware, and associated electronics at the "Site" in accordance with the following
terms and conditions.
1. GRANT OF LICENSE. Licensor hereby grants to Licensee and Licensee hereby accepts
nonexclusive license to install, operate, maintain, repair and remove Licensee's communications
equipment at the Site described on Exhibit A, which is attached to and incorporated for all purposes
into this Agreement, in consideration for the fees and other consideration shown herein and in
accordance with the terms and conditions of this Agreement.
2. SCOPE OF LICENSE. The License shall consist of the following rights and duties:
A. Licensee may utilize the Site and Licensor's communications tower located at the site,
to install, operate and maintain an equipment shelter, radios, antennas, equipment and appurtenances
as listed on Exhibit B attached hereto which is incorporated into this Agreement for all purposes,
including equipment replacements and upgrades which do not alter the frequencies radiated
therefrom nor the Radiated Power thereof, and which do not alter the physical location of any
antennas on the tower.
B. Licensor does not represent or warrant that the condition or location of the Site or Tower
is suitable for Licensee's intended use, or that the tower is capable of supporting Licensee's antennas
and other tower equipment. Prior to Licensee placing any equipment at the Sites, Licensee shall
comply with the terms of this Agreement contained elsewhere herein regarding the obtaining from
Licensor of a written Authority to Proceed.
C. Licensee shall be solely responsible for the design of its communications installation,
including the construction of any equipment shelter.
D. After obtaining from Licensor a written Authority to Proceed, Licensee may proceed to
install and operate its communications equipment and equipment shelter at the Site, conditioned that
all installation shall be accomplished by using personnel or independent contractors approved by
Licensor.
E. Licensee shall during the term of this Agreement, and or any extension or renewal thereof,
have the right to access the Site across the property leased by Licensor in which the Site is included,
utilizing a road to be built by Licensee at the request and insistence of the Landowners as
consideration for Landowner's consent to this license. The terms of Landowners' Consent are
contained in a separate agreement between the parties.
3. AUTHORITY TO PROCEED
A. Licensee will provide detailed plans and specifications of its intended equipment
locations, including antennas to be placed on the tower, and including the size and number of
waveguides, equipment shelters, and such other information as Licensor may reasonably request.
B. Upon receipt of the information, Licensor, at Licensee's expense, will have a structural
analysis performed by the tower manufacturers or other competent engineer, to determine whether
the tower is capable of supporting the Licensee's antennas and any other planned Licensor's
antennas. If structural modifications are necessitated solely because of Licensee's proposed
attachments, Licensee may, at its option, cancel this Licensee or authorize Licensor, at Licensee's
cost, to make such structural modifications as may be necessary to accommodate Licensee's
antennas.
C. Licensee shall provide Licensor with copies of all FCC or other approvals or authority
required by Licensee, and shall warrant and represent to Licensor that no authorities other than those
provided are required.
D. Licensee shall provide to Licensor all information required by this License regarding
Licensor's personnel or contractors, including insurance certification, for anyone who will be
engaged to construct and/or maintain the Licensee's facilities, and will represent and warrant that
no other personnel will be engaged in such activity unless Licensor first approve such personnel or
contractors.
E. If Licensor disapproves any part of Licensee's proposed construction, or Licensee's
personnel or contractor, it shall notify Licensee thereof and the reasons therefor within ten (10)
business days of Licensee's delivery of the required information to Licensor.
F. At such time as all Licensor's objections, if any, have been satisfied, Licensor shall issue
to Licensee a written Authorization to Proceed. Until such Authorization is issued, Licensee shall
not begin construction at the site. After Authorization is granted, Licensee shall proceed with
construction in accordance with the plans and specifications approved by Licensor utilizing the
personnel and/or contractor approval by Licensor, and shall not deviate from the approved plans and
specifications nor use other personnel or contractors, without Licensor's express written approval.
Any such deviation or utilization of unapproved personnel or contractors shall be deemed a material
breach of this license.
4. FACILITIES AND UTILITIES:
A. Licensee shall provide its own equipment shelters at each site. All equipment shelters or
facilities shall be subject to approval by Licensor. Licensee shall provide its own utility connections
at each site and Licensee shall not connect to or through Licenser's electric meter or breaker panel.
4
B. Licensee shall provide security and insurance for its equipment, if desirable. Neither
Licensor nor the landowner of any Site shall be liable to Licensee or any third party for burglary, or
vandalism, or losses or damage to Licensee's equipment or failure of Licensee's equipment to
operate properly due to tower failure or any other causes, whatsoever, including any alleged
negligence of Licensor or landowner, or their employees, officers, or owners.
C. Licensee shall have the right of ingress and egress to each Site at all times during the
terms of the License to repair and maintain its equipment.
5. RESERVATIONS & PROHIBITIONS.
A. Licensor reserves the right to operate its own equipment at the Site and to license space
and operating rights to others, provided that the operations of later licensees do not interfere with
those of Licensee. Licensee shall not have exclusive possession of any of the Premises. Licensor
shall not be liable to Licensee or any third party for the performance or coverage of Licensee's
equipment or radio system, and Licensee agrees to indemnify and hold Licensor and Licensor's
Lessors harmless against all claims, including acts of negligence asserted by any person or entity,
arising out of the use or performance of Licensee's radio system, and specifically including, but not
limited to, the operation of Licensee's radio system from the licensed site.
B. Licensee's use shall be subject to maintenance requirements of Licensor, but Licensor's
facilities will not be taken off air to accommodate maintenance requirements of Licensee.
C. Licensor occupies the sites which aze the subject of this Agreement under leases from
third parties whose consent to this license is absolutely required. This licensee is subject to Licensee
obtaining, in writing, such consents. In the event any landowner refuses to give consent to this
License, this License shall be null and void as to the Site for which consent is not obtained, and
Licensor shall have no further responsibility to Licensee with regard to such site. In the event
consent is obtained, then this Licensee shall be subject to the terms and provisions of the underlying
easements or leases and to any pre-existing restrictions, encumbrances or covenants.
D. Notwithstanding anything to the contrary in this Agreement, the license for any Site,
granted by Licensor in this Agreement shall automatically terminate if Licensor's rights to that Site
are ternunated or otherwise terminate or aze lost, no matter how occurring. In such event, Licensor
shall have no further obligations to Licensee with regazd to such site.
6. EXPANDED SCOPE OF OPERATIONS. After the initial installation is complete, Licensee
may not expand the scope of its operations on the Sites, nor modify the Licensed Premises in any
way, except as provided in 2 above.
7. TERM OF LICENSE.
A. Initial Term. The initial License Terms for the Site shall begin on the execution date of
this Agreement and end on the anniversary date of the Agreement Ten (10) years later, provided that
the License may be terminated eazlier as provided elsewhere herein.
B. Renewal Terms. Licensee and Licensor may agree to renew this Agreement for one
successive ten (10) yeaz terms, subject to fees and consideration mutually agreed to by the Parties
at the time of renewal.
C. If the purpose of any Site or of either Party's operations should be defeated or become
impracticable because of government or regulatory action, loss of FCC license, Licensor's economic
or business necessity, or other material impairment, including termination of Licensor's lease, no
matter how occasioned, either Party shall have the right to terminate the License as to the affected
Site without further obligation or liability, by giving aone-hundred-twenty (120) day written notice
to the other party.
D. The Agreement is subject to Licensee's available future funding, and if future funding
is not available the Agreement terminates.
8. FEES, CHARGES & REIMBURSEMENTS. Fees and other consideration for this Agreement
shall be as shown on Exhibit C, which is attached to and incorporated for all purposes into this
Agreement.
9. PAYMENT. Licensee shall pay full amount of rent annually ten days in advance of the
anniversary date of this agreement.
10. SITE MAINTENANCE. Licensor shall at its cost maintain the Site, grounds, fencing, tower
and roadways leading to the Site. Licensor shall have the right to make emergency repairs to any
equipment on the Premises without first notifying Licensee, if the repairs aze necessary to protect
the Site from further damage.
11. LICENSEE CONTRACTORS.
A. All work performed by Licensee or on behalf of Licensee in installing or maintaining
Licensee's equipment or shelters on the Sites shall be performed by contractors or other personnel
approved by Licensor. Licensor's approval may be contingent upon such personnel or contractors
providing proof of insurance in amounts satisfactory to Licensor, and otherwise establishing to
Licensor's satisfaction (in Licensor's sole judgment) the qualifications of such persons to perform
maintenance or installation of Licensee's equipment at the Site or Sites.
B. If, in accordance with the provisions of this Agreement, Licensee engages a contractor
to perform work at the Sites, the contractor shall be required to famish an insurance certificate to
Licensor showing its liability insurance coverage before such contractor's personnel or
subcontractors enter a Site. If any mechanic's or materialman's liens aze filed by Licensee
contractors, subcontractors, workers or suppliers, Licensee shall at Licensee's expense promptly take
whatever action is necessary to remove them. Except in emergencies, Licensee's contractor shall
notify Licensor at least 24 hours prior to performing any work on Licensoe's towers.
12. SAFETY REQUIREMENTS. All work performed at the Sites by Licensee, its personnel and
contractors shall be in accordance with federal and state safety requirements and the best industry
practice. Licensee shall be responsible for assuring that its personnel and any contractors accessing
the Sites receive appropriate safety training. Licensee shall be responsible for job site safety while
Licensee's crews or Licensee's contractors or subcontractors are working at a Site. If Licensee's
personnel or contractors aze at the site at any time when Licensor's personnel or contractors aze also
at the site, Licensee's personnel or Contractors shall at the request of Licensor's personnel or
contractors vacate the site until Licensor's personnel or contractors leave the site at which time
Licensee's personnel and contractors may return to the site
13. INTOXICANTS & DRUGS; EMPLOYEE CONDUCT. No intoxicants, illegal drugs, nor
employee or agents under the influence of any substance that may impair their performance shall be
allowed on the Sites at any time. Licensee shall promptly remove from the Sites any person who is
or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly.
Licensee shall ensure that its employees, contractors, subcontractors and their employees avoid
excessive noise, exceeding speed limits or reckless driving, use of weapons, or trespass on land not
included in this license.
14. SITE CLEANUP. Licensee shall ensure that its crews, contractors, and subcontractors keep
the Sites clean and properly dispose of debris resulting from their work. If Licensee or its contractors
allow any debris to accumulate or dispose of wastes improperly, Licensor shall have the right to
remove and remediate it and Licensee shall reimburse Licensor for the costs thereof.
15. INTERFERENCE.
A. Licensee shall install, operate and maintain its equipment and facilities in a manner which
will not physically or electronically interfere with or cause signal degradation to Licensor's
commercial mobile radio service system or point-to-point microwave transmission system, or with
any Prior Licensees (as defined below).
B. If Licensee's operations should interfere with those of Licensor or of Prior Licensees,
Licensee shall at its own expense promptly correct the interference. If Licensee fails to promptly
eliminate the interference, Licensor shall have the right to enter the Premises and shut down
Licensee's equipment and operations until Licensee can eliminate the interference or, as a last resort,
to terminate Licensee's License as to that Site.
C. In the event of interference among the operations of multiple occupants of a particulaz
Site or occupants of multiple Sites, the requirements for eliminating interference shall be according
to the following priorities:
7
(a) Licensor's equipment and operations shall have top priority; no licensee's equipment or
operations shall interfere with Licensor's equipment or operations under any circumstances.
(b) Licensee's equipment and operations shall have priority over Subsequent Licensees at
that Site, which shall mean other licensees whose Licenses for that Site were initiated later
than Licensee's License.
(c) Licensee's equipment and operations shall yield to Prior Licensees at that Site, which
shall mean other licensees whose Licenses for that Site were initiated earlier than Licensee's
License, including their successors or assigns;
(d) If, after the initial installation, Licensee should modify its equipment or operations or
change the tower or antenna configuration at a particular Site, and should these modifications
or changes introduce interference (including interference affecting more than one Site), then
Licensee shall be treated as a Subsequent Licensee with respect to these modifications or
changes, and shall yield to the other Site occupants notwithstanding that Licensor may have
given its consent to such charges. However, Licensee's original equipment operations and
antenna configuration shall not lose their original priority, in the event Licensee desires to
reverse the changes and return to its original mode of operation.
16. INSURANCE.
A. Throughout the terms ofthe Licensees for each Site and any renewal terms, Licensee shall
maintain at least the insurance coverages specified below and shall provide to Licensor an insurance
certificate listing the coverages before starting any Work.
B. Licensor and Landowner shall be named as additional insureds under such policies. The
coverages shall not be construed as establishing or limiting Licensee's liability under the indemnity
provision.
C. Worker's Compensation
Coverage A- Statutory
Coverage B- $500,000 employer's liability
General Liability
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000.000 per occurrence
Automobile Liability
(including owned or leases vehicles and heave machinery)
Bodily Injury $2,000,000 per occurrence
Property Damage $1,000,000 per occurrence
D. Licensee's contractors and subcontractors shall be required to carry the same types and
amounts of insurance while they perform work at any of the Sites.
17. PERSONAL INJURY & PROPERTY DAMAGE INDEMNITY.
A. Licensee agrees to defend, indemnify and hold harmless Licensor, its owners, officers,
directors, employees, agents, and affiliates and the Site Landowners, and their respective trustees and
beneficiaries and the respective agents, heirs administrators, assigns, executors, successors and
assigns of such trustees and beneficiazies from and against any and all claims, losses, penalties,
forfeitures, damages, judgments, causes of action, suits, liabilities, costs and expenses, including
reasonable expenses, costs and attorney's fees, arising out of any negligent or willful act or omission
of Licensee's personnel, contractors or subcontractors of any tier that causes or contributes to
personal injury or property damage during the performance of this Agreement and further against
any claim by any person or entity arising out of any failure or alleged failure of Licensee's
communications system to operate or to operate to any specific standard or degree, no matter how
such failure occurs, including the negligence of any of those so indemnified. Licensee shall be liable
for the cost of restoration, repair or replacement of any Licensor's facilities to the extent such
facilities aze damaged or destroyed as a result of any act of Licensee, its employees, contractors or
subcontractors or their activities on the Site, irrespective of whether such is the result of any
negligence. Licensee shall pay the costs of any road damage caused by its vehicles or those of its
contractors, subcontractor or suppliers.
B. To the extent allowed by law, Licensor agrees to defend, indemnify and hold harmless
Licensee, its owners, officers, directors, employees, agents and affiliates from and against any and
all claims, losses, penalties, forfeitures, damages, judgments, causes of action, suits, liabilities, costs
and expenses, including reasonable expenses, costs and attorney's fees arising out of any negligent
or willful act or omission of Licensor's personnel contractors or subcontractors of any tier that causes
or contributes to personal injury or property damage during the performance of this Agreement.
Licensor shall be liable for the cost of restoration, repair or replacement of any Licensee facilities
only to the extent such facilities aze damaged or destroyed as a result of a negligent or willful act of
any Licensor, its employees, contractors or subcontractors.
C. Notwithstanding any other provisions of this Agreement, neither parry nor the Landowner
Shull be liable to the other for special, incidental, consequential, punitive or indirect damages or for
any loss of use, revenue, or prof t suffered by the other Party or its successors or assigns, customers
or affiliates in connection with any breach of obligation under this Agreement, nor as a result of
Premises defect, interference, failure or unavailability of a tower or any equipment, facility or service
to be provided by Licensor or by Licensee under this Agreement, or under any other circumstance.
18. FORCE MAJEURE.
A. Neither parry shall be liable for delays, nonperformance, damage or losses due to causes
beyond its reasonable control, including, but not limited to action of the elements, severe weather,
9
fires, floods, sabotage, government or regulatory action including withholding of approvals, strikes,
embazgos or delays beyond the control of vendors or contractors. Damage, vandalism, water
leakage, failure or collapse of a tower or communications shelter (except where attributable to any
action of Licensee or its personnel or contractors), whether or not caused or contributed to by a latent
defect shall be considered a Force Majeure event.
B. A Party whose performance is hindered or delayed shall use its best efforts to reduce the
length of the delay and to mitigate the effects of it.
C. In the event that a tower or Site facilities should be damaged by Force Majeure, Licensor
may elect not to repair or replace the tower or Site Facilities, in which case Licensee's License for
that Site shall terminate.
19. NO THIRD-PARTY BENEFICIARIES; NO PROPERTY RIGHTS. The terms and
conditions of this Agreement aze intended for the sole benefit of Licensor and Licensee. Nothing
in this Agreement, express or implied, is intended to confer any benefits, rights or remedies upon any
third party, including members of the public who may benefit or claim to be benefitted by operation
of either Licensor's or Licensee's system, and who may be harmed or claim to be harmed by a failure
of either system to operate or perform as intended. Nothing in this Agreement or in the performance
shall create or vest in Licensee or its successors or assigns any title, ownership, easement or any
other property rights in Licensoe's systems, lands or other property.
20. LAWS, REGULATIONS, PERMITS.
A. Licensee shall acquire the necessary permits and licenses to install and operate its
equipment, and shall comply with applicable laws, regulations and ordinances. In the event Licensee
is unable to obtain or maintain any FCC permit or other Governmental Approval necessary to its
operations, Licensee may terminate the affected Licenses under this Agreement upon 30 days written
notice to Licensor.
B. Licensor shall be responsible for compliance with FAA or FCC tower mazking and
lighting requirements. Licensor shall ensure that the tower is operated and maintained incompliance
with applicable laws, regulations and ordinances. Licensor shall indemnify and hold harmless
Licensee from any fines or other liabilities caused by Licensor's failure to comply with these
requirements.
21. ENTIRE AGREEMENT & MODIFICATIONS. This Agreement, including its Exhibits,
constitutes the entire agreement and understanding between the Parties and supersedes previous
negotiations, understandings, discussions, correspondence or representations. Neither the Agreement
nor its Exhibits shall be modified or changed except by a writing executed by both Parties. No
verbal representation of any negotiator, engineer, officer, employee or agent of either Party shall vary
the written terms of this Agreement. No waiver of any right under the Agreement shall be effective
unless a writing signed by the Party grants the waiver.
10
jam
This Agreement is executed this ~ day of M,t,g 2002.
LICENSOR:
TEXAS RSA15B2 LIMITED PARTNERSHIP
/~ f
Signature: C.I
~ C. R. Weinheimer
Title: President, Kerrville Cellular Management, LLC
LICENSEE:
KERF
Signa~
Title:
LANDOWNERS:
EP INER' iU
C. Parker. Jr~. 'rus
E. C. Parker Trustee
By ----
Tobin M. Parker, Trustee
(FiveSw.1022/Rev'd 02.26.02)
JOSEPIjINE
Date:.S ~Zc~-oL
Date: S~l c~ Z
P R UST.
_. - ~ E. C. Parker, Jr"I~rustee
~c~sc`z~l. /..~. ./~-n.c•~~GI;'IJ~c-[1,ezjv /c~----~
Brhin Schreiner Par ,Trustee
By ~~~~ ~~
Scott Schreiner Pazker, Trustee
BYs~~Q~
E. C. Pazker stee
By ~~
Tobin M. Parker, Trust
11
yScott~er Pa~ stee
B
Page 1 of 3
EXHIBIT A
DESCRIPTION OF SITE
The improved (under security fence) portion of the below described 10.0414 acre leased
premises, as more particularly shown on Pages 2 and 3 following.
Being 10 0414 acres of land out of G.C.&S.F.R.R. Co. Survey No. 1071, Certificate No.
1/26, and being a part of a certain 4753.23 5 acre tract of land, said tract of land being the same and
identical 4499.745 acre tract partitioned to Landowners by Partition Deed dated March 18, 1980, of
record at Volume 237, Page 215 of the Deed Records of Ken County, Texas, AND that certain
376.0 acre tract exchanged to Landowners from Robert B. Berryman and LESS AND EXCEPT that
certain 122.51 acre tract exchanged to Robert B. Berryman by Landowners, both by Exchange Deed
dated July 1, 1987 of record at Volume 434, Page 273 of the Real Property Records of Kerr County,
Texas, to which instruments and their record reference is here made for all purposes, said 10.0414
acres being more particularly described by metes and bounds as follows, to-wit:
Beginning at the southeastern most corner of said 4753.235 acre tract, said corner
being the northeast corner of that 0.094 acre tract conveyed as parcel 8 to the State
of Texas by Deed dated February 21, 1957 of record in Volume 103 at Page 184 of
the Deed Records of Kerr County, Texas, for the southeast of the herein described
lease property;
Thence with a south property line and the north right-of--way line of State Highway
41 along a curve to the left having a central angle of 06°02'29", a radius of 5789.65
feet and a long chord of 5.75° 10'46" W. , 610.18 feet, a distance of 610.46 feet to a
point;
Thence not with a property line north 823 71 feet and east 589.88 feet to a point in
the east property line of said 293 acre tract;
Thence with the east property line of said 4753.235 acre tract south 667.63 feet to the
place of beginning and containing 10 0414 acres of land more or less.
LEASE AREA BOUNDARY
EAST 589,88'
JOSEPHINE CARR SCHREINER TRUST
JOSEPHINE SCHREINER PARKER TRUST
SURVEY N0. 1071, CERTIFICATE NO.1/26
PROPERTY ^UT ^F 293 ACRES
}
2'
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j EAST, 183
G
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( N.59'36'25'E.
~	Cj	. 59.71'
SITE ~ ~
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	OJ	WEST, 163.35'
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LEASE AREA BOUNDARY
CURVE T^ THE LEFT
CENTAL ANGLE - 06'02'29'
R - 5789,65'
LC - 5.75'10'46'W., 610.18'
L - 610,46'
C:VRJE
,~ LIN9 65~ ,
PR~PAI,1G E 169.6 S
L
ST P'j E HIGNvI AY
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0
~~gqEeeXHIBIT 'A'
PSCALE? l~f 100'
~Z
ACCESS LANE
# 41 ~ R - 5789.65'
ANGLE - 16'48'
L - 51.13'
CURVE
r ~ .
6'-0' 1
4'-0' 1
lE'-r x Ir-o euanaG `
~ L_,~----~~
l~ - -
E)B' GATE ~' GATE
ACCESS RMU
J
F~chibit A
Page 3 df 3
2~
PARKER CELL SITE
SCAIE~ 1' ~ l0' 00/06/OE LH)MNY
Exhibit B
Equipment List
"Mountain Home Site"
Antennas & Cable:
• 2- Radio TX Antenna SRL227HD*4 Directional, Mounted at Approx. 150'
• l-Radio RX Antenna DB616AB Omni Directional, Mounted at Approx. 397'
• 1-Microwave Antenna KP6F-820 Directional, Mounted at Approximately 225'
• 4- Cable Runs for Antennas Above, Andrew LDF7-SOB Heiiax.
Equipment Shelter
• 1-Tull' Shed Brand, 10'x 12' Equipment Shelter. Located in back South corner by
Tower.
Radiated Powe:
Radio t50.174Mhz Band, *56 dbm max ERP per channel (2 channel)
Microwave 950-970Mhz, +56 dbm max ERP per channel f t channel)
General Description
• 2-Master III VHF Repeaters
• 2- WWVB Receivers
• UPS and power distributior. systems
• Transmit and Receiver combiner equipment
• Simulcast Alarm and Controller equipment
• 960 MHz Microwave equipment
"Minor changes to the above general specifications maybe necessary due to FCC and
other requirements"
EXHIBIT C
FEES AND OTHER CONSIDERATION
SITE NAME: Parker Ranch
A. Antenna and Ground Space
ANNUAL LICENSE FEE TO LICENSOR $2,000
ONE TIME CONSIDERATION TO LANDOWNER:
Construction of a new all weather road, and fencing along new road, as per separate
agreement with Licensee