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HomeMy WebLinkAboutAgr 1999-12-08 (Sprint Spectrum)Y_-AL-Sprint December 28, 1999 Via Federal Express Jim Wilson Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Peter Munser Site Development Manager. Special Projects West Region Re: PCS Site Agreement - FS04XC400 - Tiburon Town Hall Dear Mr. Wilson: Sprint PW 4683 Chabot Drive. Suite 100 Pleasanton. CA 944 V'oic'e 92> -t68 7,S21 Fax 92i 468 '826 pnumseCalsl)rintsliectrcnrn.com Please find enclosed one fully executed SPCS Site Amendment between you and Sprint Spectrum, L.P. pertaining to your property at 1505 Tiburon Blvd., Tiburon, CA. Please retain this agreement for your records. On behalf of Sprint Spectrum, I would like to thank you for your interest in Sprint Spectrum and for being a part of building an exciting new wireless network. Your interest is greatly appreciated. If you have any site-related questions or concerns, please feel free to contact me at 925-468-3082. I look forward to a continued working relationship between you and Sprint Spectrum. Sincerely, Ella Ho , Property Specialist EWH/eh enclosures Site Name: Tiburon Town Ha.t Cascade _.ah..,.:r: FS04xc400 SECOND AMENDMENT TO PCS SITE AGREEMENT Tenant: Sprint Spectrum L.P. ("SSLP") Owner: Town of Tiburon ("Owner") Property Address: 1505 Tiburon Blvd., Tiburon, California 94920 Commencement Date of PCS Site Agreement: June 25,1997 (the "Agreement"-) Previous Amendment Commencement Date: June 25,1999 Current Rent: $30,000 per year Additional consideration for relocation and use of existing PPC Cabinet and installation and use of Growth Cabinet: $2,400 per year Owner and SSLP hereby agree that Exhibit B-1 of the Agreement is hereby: Supplemented by Exhibit 1 hereto, to the extent that Exhibit 1 reflects the additional lease area to provide a location for the relocated PPC Cabinet and means of connecting it to other SSLP equipment at the Site; SSLP is granted additional lease area which is hereinafter included within the Site under the Agreement for the purpose of SSLP relocating and using the existing PPC Cabinet, and installing and operating additional growth cabinet(s) (radio equipment), the installation, operation, repair, replacement and removal of which is to be governed by the terms of the Agreement, and is hereby approved by Owner. When SSLP completes construction of its PCS facility, now and in the future, there will be a total of 4 radio equipment cabinets. Upon completion of construction, SSLP will restore all landscaping and other portions of the Site that may have been disturbed thereby to its preexisting condition. Commencing on the first day of the month following the installation of the growth cabinet, SSLP will increase the annual rent paid under the Agreement by $2,400 per year. If rent is paid annually, SSLP will make a pro-rated payment for the balance of the current lease year. SSLP may terminate this Amendment at any time by 10 days notice to Owner. Termination of this Amendment shall require the following actions: Remove the growth cabinet(s); remove the PPC Cabinet from the location shown in Exhibit 1; reinstall the PPC Cabinet at the original location; and, restore the PPC Cabinet location shown in Exhibit 1 to a condition reasonably similar to the condition existing prior to installation of the PPC Cabinet. Upon such termination, all sums paid under this Agreement will be retained by Owner (unless termination is due to Owner's failure to have proper Ownership of the Property or authority to enter into this Amendment), and the Agreement will remain in full force and effect pursuant to its original rent, terms and conditions. Except as specifically set forth herein, all of the terms and condition of the Agreement, as previously amended, shall remain unchanged and in full force and effect. This Amendment is effective on the later execution date of either party, as set forth below. SSLP: Sprint Spectrum L.P., ela are Partnership Owner: Tow of Tib ron By: By: Michael Todd Robert TLAkiiinert Its: Regional Director of Site Development - West Region Its: Town Manager 609 44V E43A Date: Date: Approved as to Form- Tiburon To orney D EXHIBIT 1 to SECOND AMENDMENT TO PCS SITE AGREEMENT Description of SSLP's Site Site Name: Tiburon Town Hall Site I.D. No.: FS04xc400 _f I I I I' I ~ I I i 1 7 8f wraTR HIGHWAY 131, Note: SSLP may replace this Description of SSLP's Site and Improvements with the plans submitted to the local jurisdiction for a building permit (as approved by Owner) and/or as-built drawings depicting the Site and Improvements. Such replacement description shall be deemed a part of this Agreement and shall be binding on Owner and SSLP. Owner's Initials SSLP Initials EXHIBIT B-1 to PCS SITE AGREEMENT Description of SSLP's Site Site Name: Tiburon Town Hall Site I.D. No.: FS04xc400 I I I I I I I I I 11 I I 4TATF: HIGHWAY 131 Note: SSLP may replace this Description of SSLP's Site and L*r4-;r comments with the plans submitted to the local jurisdiction for a building permit (as approved by Owner) and/or as-built drawings hc#hg the Site and Improvements. Such replacement description shall be deemed a part of this Agreement and shall bg binding:on Owner and SSLP. Owner's Initials SSLP Initials 1 cl 031 Site Name Tiburon Town Hall Site I.D. No. FS-04-400 1. Property and Use. The Town of Tiburon ("Owner") is the owner of the real property and improvements described in Exhibit A ("Property") and hereby leases to Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), the site described below- --An area measuring 117' X T33", or 83.98 square feet, located in the Town Hall building located on the Property, for the placement of PCS equipment; Building exterior space for attachment of antennas, Space required for cable runs to connect PCS equipment and antennas; all in the location(s) on the Property more particularly described on Exhibit B ("Site") together with a non- exclusive easement for access thereto and to the appropriate, in the discretion of SSLP, source of electric and telephone facilities. The Site will be used by SSLP for the purpose of installing, removing, replacing, maintaining and operating, at its expense, a personal communications service system facility ("PCS"), including, without limitation, related antenna equipment and fixtures. SSLP will use the Site in a manner which will not unreasonably disturb the occupancy of other authorized users of the Property.. Owner agrees to permit SSLP free ingress and egress to the Site to conduct such surveys, structural strength analysis, subsurface boring tests and other activities of a similar nature as SSLP may deem necessary at the sole cost of SSLP. 2. Term. The term of this Agreement (the "Initial Term") is five years, commencing on the earlier of (a) the date which is 30 days after the issuance of a building permit for installation of the PCS or (b) the first day of the month following commencement of construction of the PCS ("Commencement Date"). This Agreement will be automatically renewed for three (3) additional terms (each a "Renewal Term") of five years each, unless SSLP provides Owner notice of intention not to renew not less than ninety days prior to the expiration of the Initial Term or any Renewal Term. SSLP agrees that it shall not decline to exercise a Renewal Term for the purpose of relocating the PCS to a property which offers a lease with lesser rent than is provided in this Agreement. 3. Rent. Rent will be paid annually in advance beginning on- the Commencement Date and on each anniversary of it. The annual rent will be $24,000.00, partial years to be prorated. The annual rent due hereunder will be increased on each anniversary of the Commencement Date to an amount equal to the amount of the annual installment of rent payable during the preceding year, increased by the percentage change in the CPI during such year. "CPI" means the consumer price index- U.S. city average for urban wage earners and clerical workers (1982-84=100) published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index if such index' is discontinued). In no event will the amount of the annual installment of rent due under this Agreement following such adjustment increase by an amount less than four percent (4%). 4. Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign, (d) that SSLP is entitled to access to the Site at all times during normal business hours, and upon reasonable notice and in the case of an emergency at all other times, and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as SSLP,is not in default beyond the expiration of any cure period; aM (e) that Owner shall not have unsupervised access to the Site or to the PCS equipment, except that Owner may access the Site in. the case of an emergency situation which poses a threat of injury to persons or material damage to property, and in such event Owner will provide SSLP as much prior notice as is reasonably possible under the circumstances, and in any event will give notice to SSLP within twenty-four (24) hours after such access. 5. Assignment/Subletting. SSLP will not assign or transfer this Agreement or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, SSLP may assign or sublet without Owner's prior written consent PCS SITE AGREEMENT Page 1 of 4 with Exhibits A - C PCS SITE AGREEMENT Page 2 of 4 with Exhibits A - C Site Name Tiburon Town Hall Site I.D. No. FS-04-400 to its general partner or any party controlling, controlled by or under common control with SSLP or to any party which acquires substantially all of the assets of S SLP. 6. Notices. All notices must be in writing and are effective when deposited in the U.S. mail, certified and postage prepaid, to the address set forth below or as otherwise provided by law. 7. Improvements. SSLP may, at its expense, make such improvements on the Site as it deems necessary from time to time for the operation of a transmitter site for wireless voice and data communications. Owner agrees that in its proprietary capacity, it will cooperate with SSLP with respect to obtaining any required zoning approvals or other governmental approvals or permits for the Site and such improvements, which cooperation may include but not be limited to executing a recordable notice of SSLP's conditional use permit and/or a notice of special restrictions, as may be required by governmental authority. Owner's cooperation will not extend into its regulatory capacity, and insofar as Owner's regulatory capacity is called upon to process, consider and issue or deny such approvals or permits, Owner shall do so utilizing its normal standards and procedures. Upon termination or expiration of this Agreement, SSLP shall remove its equipment and improvements and will restore the Site to the condition existing on the Commencement Date, except for ordinary wear and tear. In connection with SSLP's improvements at the Property, Owner desires to install a new emergency generator for use by Owner at the Property. In connection therewith, SSLP, through one of its agents or contractors, will cause to be prepared appropriate design plans and schematics detailing the modifications to the Property's electrical system necessary to accommodate the new generator. In addition, SSLP agrees to contribute up to Nineteen Thousand Dollars ($19,000) towards the cost of the generator. The generator shall be purchased and installed by Owner and shall be the sole property and responsibility of Owner, however, SSLP shall have the right to connect its facility to the generator for use as a power source in the event of emergency or other disruption in electrical services. 8. Compliance with Laws. Owner represents that the Property (including the Site), and all improvements located thereon, are and shall remain in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities. SSLP will substantially comply with all applicable laws directly relating to SSLP's operation of the PCS and the improvements constructed by SSLP at the Site. 9. Interference. SSLP will resolve technical interference problems with other equipment located at the Site as of the Commencement Date or with any equipment that S SLP attaches to the Site from time to time. Owner will not permit the installation of any future communications equipment (excluding standard electronic devices normally used by Owner in connection with its administrative functions at the Property) which results in technical interference problems with SSLP's then existing equipment. Prior to installing or permitting any radio transmitter or other communication equipment or antennas belonging to another commercial entity on the Property (including, without limitation, the Site), Owner shall advise SSLP of the nature of the proposed facilities in sufficient detail to permit SSLP to determine if said facilities would create technical interference with SSLP's then- existing equipment and shall not install or permit the installation of said facilities if S SLP reasonably determines that such interference would result. Any,.- future lease, license, or other permit to use the Property granted by Owner shall expressly require (for the benefit of S SLP) the user thereunder not to cause interference with the operation of SSLP's PCS equipment. 10. Utilities. S SLP has reviewed the utilities available at the Site and has determined that they are adequate for the uses contemplated by SSLP pursuant to this Agreement. S SLP will pay for all utilities used by it at the Site. Owner will cooperate with SSLP in SSLP's efforts to obtain utilities from any location provided by Owner or the servicing utility, including a submeter, if PCS SITE AGREEMENT Page 3 of 4 with Exhibits A - C Site Name Tibdron Town Hall Site I.D. No. FS-04-400 necessary. 11. Termination. SSLP may terminate this Agreement at any time by notice to Owner without further liability if SSLP does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively, "approval") reasonably required by SSLP or required from any governmental authority or any third party related to or reasonably necessary to operate the PCS system, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have proper ownership of the Site or authority to enter into this Agreement, or if SSLP, for any other reason, in its sole reasonable discretion, determines that it will be unable to use the Site for its intended purpose. Upon termination, all prepaid rent shall be retained by Owner. 12. Default. If either party is in default under this Agreement. for a period of (a) ten days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) thirty days following receipt of notice from the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not reasonably be cured within a thirty day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such thirty day period and proceeds with due diligence to fully cure the default. 13. Indemnity. SSLP shall indemnify, defend, and hold Owner, its agents, employees, officers and representatives harmless from and against any and all claims, actions, damages, fines liabilities, costs and expenses (including reasonable attorneys' fees) to the extent arising from the negligent or intentionally wrongful acts or omissions of SSLP, its agents, employees, contractors and representatives, or to the extent arising from claims of injury caused by emissions emanating from the operation of SSLP's PCS facility on the Property. This indemnity does not apply to any such claims, actions, damages, fines liabilities, costs and expenses arising from the sole negligence or intentional misconduct of Owner, or its agents, employees, representatives, or officers. 14. Hazardous Substances. Owner represents that it has no knowledge, after reasonable inquiry, of any substance, chemical or waste (collectively, "substance") on or under the Site or Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. SSLP shall not introduce or use any such substance on the Site in violation of any applicable law. Owner shall indemnify and hold SSLP harmless from and against all claims, actions, damages, fines, liabilities, costs and expenses (including attorneys' and expert fees) arising, directly or indirectly, from the presence of any substance on, under or around the Property or the Site that Owner knew or should have known was present, unless SSLP directly or indirectly caused said substance to be brought onto the Property. S SLP shall indemnify and hold Owner harmless from and against all claims, actions, damages, fines, liabilities, costs and expenses (including attorneys' and expert fees) arising, directly or indirectly, from the presence of any substance on, under or around the Property or the Site that SSLP caused to be brought onto the Property or Site. These indemnity obligations shall include damages, costs and expenses incurred i?Fconnection with any investigation, cleanup, remediation, monitoring, removal or restoration related to the presence of any substance. This indemnity shall survive the expiration or termination of this Agreement. For the purposes of this Section, "Owner" shall include Owner, its agents, employees, officers and representatives; and "SSLP" shall include, SSLP, its agents, employees, officers and representatives. 15. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) This Agreement is governed by the laws of the State in which the Site is located; (c) If requested by SSLP, Owner agrees promptly to execute and deliver to SSLP PCS SITE AGREEMENT Page 4 of 4 with Exhibits A - C Site Name Tiburon Town Hall Site I.D. No. FS-04-400 a recordable Memorandum of this Agreement in the form of Exhibit ; (d) This Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties (except for such matters lawfully imposed by Owner in its governmental capacity, including but not limited to SSLP's conditional use permit approved by the Town of Tiburon City Council resolution 97-10), and any amendments to this Agreement must be in writing and executed by both parties; (e) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (f) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys fees and other reasonable enforcement costs and expenses from the non-prevailing party. 16. Subordination/Nondisturbance. This Agreement is subordinate to any lien, mortgage or deed of trust now of record against the Site. However, promptly after this Agreement is fully executed, Owner will request the holder of any such mortgage or deed of trust to execute a non-disturbance agreement, and Owner will cooperate with SSLP toward such end to the extent that such cooperation does not cause Owner unreasonable additional financial liability or administrative expense. 17. Insurance. SSLP will procure and maintain a public liability policy, with limits of $1,000,000 for bodily injury, $1,000,000 for property damage, $2,000,000 aggregate. Said policy will name Owner as an additional insured, and a certificate of insurance to be furnished to Owner within 30 days of written request. Such policy will provide that cancellation will not occur without at least 15 days prior written notice to Owner. 18. Bond. Prior to commencement of construction of its improvements at the Property, SSLP will provide Owner a surety bond ensuring SSLP's performance of its duties and obligations under this Agreement. Said bond shall have a face amount of $20,000. The following Exhibits are attached to and made a part of this Agreement: Exhibit A, B and C. OWNER: The Town Ti By: _ Its: WIMAMf 1 S. S./Tax No.: /1-5 / -V 0 V / Address: Dated: 1997 Approved as to form: Ann Danforth, Town Attorney Dated: 1997 Sprint Spectrum L.P., a Delaware limited partnership By • _ rr C' vt Its: Director of Engineering and Operatierhs Address: 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Dated: 1997 EXHIBIT A to PCS SITE AGREEMENT Description of Owner's Property Site Name: Tiburon Town Hall Site I.D. No. Fs-04400 Description of Owner's Property: The real property situated in the Town of Tiburon, County of Marin, State of California commonly described as the Tiburon Town Hall, and more particularly described as: EXHIBIT "ONE" PARCEL ONE PARCEL A, as shown upon that certain Parcel map entitled, "Parcel Map of a portion of Section 6, T.1 S., R. 5 W M.Drd.B. & M. filed for record December 7, 1978 in Book 15 of Parcel Maps, at page 90, Marin County . 1~ecos. EXCEPTING therefrom that portion conveyed to the Belvedere-Tiburon Library Agency by that certain deed recorded March 12, 1996 as Serial No. 96-012169, Marin County Records. ALSO EXCEPTING THEREFROM THE title and exclusive right to all of the minerals and mineral ores of every kind and character now known to exist or hereafter discovered upon, with or underlying said land or that may be produced therefrom including, without limiting the generality , of the foregoing, all ppetroleum, oil, natural gas and other hydrocarbon substances and products derived therefrom, together with the exclusive and perpetual right of said Grantor, its' successors and assigns, of ingress and egress beneath the surface of said land to explore for, extract, mine and remove the same, and to make uses of the said land beneath the surface as is necessary or useful in connection therewith, which use may include lateral or slant drilling, boring, digging or sinking of wells, shafts or tunnels, provided however, that said Grantor, its' successors and assigns shall not use the surface of said land in the exercise of any of said rights and shall not disturb the surface of said land or any improvements thereon, or remove or repair the lateral or subjacent support of said land or any improvements thereon, as reserved in the Deed from Northwestern Pacific Railroad Company, a corporation, recorded January 31, 1955 in Book 917 of Official Records at Page 311 and December 13, 1956 in Book 1079 of Official Records at Page 616, Marin County Records. PARCEL TWO AN EASEMENT for the purpose of ingress and egress, over under and above a portion of land of the Town of Tiburon, said portion of land being a portion of the lands conveyed by Edward G. Zelins and Barbara Z. Abrams to the Town of Tiburon, a Municipal Corporation, by deed recorded March 19, 1986, as described in the document Number 86 014119 and a portion of the lands conveyed by Edward G. Zelinsky and Barbara Z. Abrams to the Town of Tiburon, a Municipal Corporation, b deed recorded February 1, 1990, as described in Document Number 90 06759, Marro Couilty Records, State of California, said land described as follows: BEGINNING at the most Northerly.comer of said lands of the Town of Tiburon, Document Number 86 014119, said corner also being a ?said on the Southerly right of way line of Mar West Street; thence along the Northeasterly property line of said lands of the Town of Tiburon South 65 ° 47' 32" East, 148.00 feet to the true point of beginning; thence from the true point of begirning youth 65 ° 47' 32" East, 42.23 feet to a point common with said lands of the Town of Tiburon Document Number 90 06759; thence leaving said point along the Northeasterly property line of said lams of the Town of Tiburon, Document Number 90 06759 South 65° 47' 32' East, 69.51 feet to a point; thence leaving said Northeasterly property line South 36° 25' 08" West, 183.07 feet to a point on the Southwesterly property line of the lands of the Town of Tiburon, document Number 90 06759, said point also be' on the Northeasterly right of way line of Tiburon Boulevard; thence aloe said property and right of way line North 55 ° 35' 42" West 68.00 feet to a point common with said lands oT the 'Down of Tiburon, Document Number 86 014119; thence leaving said point along said property line of the lands of the Town of Tiburon, Document Number 86 014119 an d right of way line North 55 ° 55' 42" West, 16.68 feet to a ppoint; thence leaving said property and right of way line North 36" 25' 08' East, 49.21 feet; North 24" 12' 28" East, 116.32 feet to the true point of beginning. Owner Initials SSLP Initials EXHIBIT B- i to PCS SITE AGREJEMENT Description of SSLP's Site Site Name Tiburon Town Hall Site I.D. No. FS-04-400 E111-71!- ik" PG 11E ~ j T2rtl:iGf~l~ z_ I I I - ~X1S~ i~l~ ~Si-41CIA Or AIM 'A. Elf CT S'CoND Ft_oo2 1 ; :c~:. AiA(:~I~ MASK-UPS I .qI I ~ r FS-04-~00 r:~br Nom. TfSao~ l CM HALL ATI I OF 1 3hol ~ f oEr Note: SSLP may replace this Description of SSLP's Site and Improvements with the plans submitted to the local jurisdiction for a building permit (as approved by Owner) and/or as-built drawings depicting the Site and Improvements. Such replacement description shall be deemed a part of this Agreement and shall be binding on Owner and SSLP. Owner Initials Ale- SSLP Initials EXHIBIT B-2 to PCS SITE AGREEMENT Description of SSLP's Site Site Name Tiburon Town Hall Site I.D. No. FS-04400 PKDPOSED METAL RAISED SEAU ROOF aNTNNAS - 2 E'ER ASSEMBLY. PAINTED ♦1 CTIA roR Tj SECTCQS -46 TS KIP BEAu b YbTALI / W STL. CHANNELS WELDED DIM- 54 "x 8"x 3" / TO HIP BEAU. 04'-T D.C. It Aa.i -~i - - - I l i 7(:L(,CK SIDES - ~I I 1 / I I _y J"VNER v I.C. a i '40I t f i r ~ ~ i i -J ROOF DRAIN TOWER PARTIAL SECTION - j.-3 TS (-N?) iN ME N,-JA I {~r TYP W. WALL i ` ASSEMBLY ALL TUBE STL. ANO STL CKANNELS TO BE PAINTED / ~A-^«._ c - ' RTOw,EC i I Note: SSLP may replace this Description of SSLP's Site and Improvements with the plans submitted to the local jurisdiction for a building permit (as approved by Owner) and/or as-built drawings depicting the Site and Improvements. Such replacement description shall be deemed a part of this Agreement and shall be binding on Owner and SSLP. Owner Initials XV~ SSLP Initials EXHIBIT C to PCS SITE AGREEMENT Memorandum of Agreement Site Name: Tiburon Town Hall Site I.D. No.fs-04-400 THIS MEMORANDUM OF AGREEMENT is made and entered into as of Tiburon ("Owner's and Sprint Spectrum L.P., a Delaware limited partnership ("SSLP'T WITNESSETH: , 1997 by and between Town of That Owner hereby leases to SSLP and SSLP hereby leases from Owner a portion of that certain real property (the "Property's in the State of California, County of Marin, Town of Tiburon commonly known as Tiburon Town Hall, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded PCS Site Agreement by and between Owner and SSLP dated , 1997 and incorporated herein by reference (the "Agreement'D for an initial term of five (5) years, and four (4) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of an easement for unrestricted rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS Wl IEREOF, the parties have executed the Memorandum as of the day and year first above written. Sprint Spectrum L.P., a Delaware limited Owner: Town of Tiburon partnership By By: Kathryn Hanson Title: Title: Director of Engineering and Operations ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day of , 1997, before me, a Notary Public in and for said State and County, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Notary Public in and for said State and County Owner Initials L/C S SLP Initials