Agreement for Use of Public Property
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T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 1 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
WIRELESS AGREEMENT
BETWEEN T-MOBILE WEST LLC, AND THE CITY OF CHANDLER
FOR THE PIMA PARK SITE
City of Chandler Document No.____________
City Council Meeting Date: _______________
THIS WIRELESS AGREEMENT ("Agreement") is entered into this ____ day of _________________, 2025 (the
“Effective Date”), by and between the City of Chandler, Arizona, an Arizona municipal corporation (“City”), and T-
Mobile West LLC, a Delaware limited liability company (“Company”). City and Company may be referred to
individually as “Party” and collectively as “Parties”.
RECITALS
A.
Company provides wireless communication services by Wireless Facilities (hereinafter defined); and
B.
City is authorized to grant use agreements operate and maintain Wireless Facilities within the City
boundaries under the Charter and Chandler City Code, and by virtue of federal and state statutes, by the City’s
police powers, by its authority over its public rights-of-way and highways as defined in Chapter 46 of the Chandler
City Code, and by other City powers and authority; and
C.
Company has applied to the City for permission to operate and maintain the Wireless Facilities within the
City of Chandler and located within City-owned real property as described on the attached Exhibit “A” at a site
known as the “Pima Park Complex” located at 625 N. McQueen Road (the "Site") as depicted in Exhibit “B”; and
D.
Company has agreed to provide information required by and comply with the terms and conditions set forth
in this Agreement and other requirements as City may establish from time to time.
AGREEMENT
NOW, THEREFORE, City hereby grants to Company this Wireless Agreement to operate and maintain Wireless
Facilities at the Site within City-owned real property under the following terms and conditions.
SECTION 1. DEFINITIONS
For the purposes of this Agreement, the following words, terms, phrases, and their derivations are given the
meaning stated in this Agreement. When not inconsistent with the context, words used in the present tense include
the future tense, words in the plural number include the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely directory.
“ACC” means the Arizona Corporation Commission.
“Agreement” means this non-exclusive revocable authorization granted by the City to Company to operate and
maintain Wireless Facilities on the Site.
“Agreement Activities” is ascribed the meaning in section 2.1.5.
“Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals and
that is used in providing wireless services.
TMO Signatory Level: L04/L05
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Page 2 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
“A.R.S.” means Arizona Revised Statutes, as amended.
“Base Use Fee” means the amount Company must pay City each month of this Agreement for use of the Site.
“C.C.C.” means Chandler City Code, as amended.
“C.F.R.” means Code of Federal Regulations, as amended.
“City” means the City of Chandler, an Arizona municipal corporation.
“City Council” means the Council of the City of Chandler.
“City Manager” means the Chandler City Manager or the City Manager’s designee.
“Collocate”, “collocating”, or “collocation” refer to the use of Company’s Facilities by another company.
“Communications Equipment” means all electronic equipment at the Wireless Facility location that processes and
transports information from the antennas to the Company’s network.
“Company” means T-Mobile West LLC whose principal place of business is 12920 SE 38th Street, Bellevue, WA
98006 and related affiliates, subsidiaries, persons, or entities to which this Agreement is granted.
“Company’s Improvements” means all improvements installed by the Company, including, but not limited to all
elements of the Wireless Facility, all screening elements, any landscaping plants or materials, and any other elements
provided by the Company in the approved Agreement.
“Competing Users” means entities that own the water pipes, cables and wires, pavement, and other facilities that may
be located within the Site. Competing Users include without limitation, the City, the State of Arizona and its political
subdivisions, the public, and all manner of utility companies and other existing or future users of the Site.
"Critical Infrastructure Information" has the same meaning prescribed in A.R.S. § 41-1801, as amended.
"Day" means a calendar day, except a Saturday, Sunday, or a holiday prescribed in A.R.S. § 1-301.
“Encroachment Permit” means a permit issued pursuant to Chapter 46 of the Chandler City Code that allows the
Company to perform work in the Site and to install and operate improvements in the Site.
“Environmental Laws” means all federal, state, and local laws, ordinances, rules, regulations, statutes, and judicial
decisions, as amended from time to time, which in any way relate to or regulate human health, safety, industrial
hygiene, environmental conditions, protection of the environment, prevention or cleanup of pollution, or
contamination of the air, soil, surface water, or ground water.
“Facility” or “Facilities” means Company’s plant, equipment, and property, including but not limited to boxes, poles,
wires, pipe, conduits, pedestals, antenna, and other appurtenances, to provide the services described in this
Agreement.
“FCC” means the Federal Communications Commission.
“FCC OET Bulletin 65” means the FCC’s Office of Engineering & Technology Bulletin 65 that includes the FCC Radio
Frequency Exposure Guidelines.
“FCC Rules” means all applicable radio frequency emissions laws and regulations.
“Fiscal Year” means a 12-month period that begins on July 1 and ends the following June 30.
“Franchise” has the same meaning prescribed in the Arizona Constitution, article 13, §§ 4 and 6.
TMO Signatory Level: L04/L05
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Revised Final Pima Park Site Version 9 Dated 1-6-25
“Hazardous Substances” means those substances defined as toxic or hazardous substances, pollutants, or wastes
by Environmental Law or the following substances: gasoline, kerosene, or other petroleum products, toxic
pesticides or herbicides, volatile solvents, materials containing asbestos or formaldehyde, or radioactive materials.
“In-lieu Company” means a single, third party company, using the Site or Company’s Facility, or part thereof, to
provide services in lieu of such services being provided by Company.
“Ordinary Permit Use Fee” means the City’s encroachment permit application, review, and other fees related to the
issuance of the permit.
“Other Facilities” means facilities owned and operated by parties other than City or Company, which facilities occupy
Public Property under authority of a City encroachment permit, Agreement, or franchise.
“Pre-existing Environmental Condition” means the presence, emission, disposal, discharge, or release of any
Hazardous Substance at, in, on, under or about the Wireless Facilities and Site, however caused, existing on the
Effective Date, whether the nature and extent of the contamination is known or unknown.
“Proprietary Information means any document or material clearly identified by Company as confidential and includes, but
is not limited to, any customer lists, financial information, technical information, or other information plainly identified as
confidential by Company and pertains to Company’s services provided to its customers.
"Public Property" means the surface of and the space above and below of real property, which is owned, operated,
and maintained by the City. Public Property does not include Right-of-Way.
“RF” means radio frequency.
“RF Letter” means a letter attesting to the Company’s compliance with FCC RF exposure guidelines from the
Company’s senior internal engineer.
“Right-of-Way” means the area on, below or above a public roadway, highway, street, sidewalk, alley, or utility
easement. Right-of-Way does not include a Federal Interstate Highway, a state highway or state route under the
jurisdiction of the Department of Transportation, a private easement, property that is owned by a special taxing district,
or a utility easement that does not authorize the deployment sought by the Company.
"Section" means any section, subsection, or provision of this Agreement.
“Site” means the Use Area for the Wireless Equipment and the pole to which the antenna and other wireless facilities
are attached.
“Site Documents” means the depiction of the Agreement area, schematic plans and map showing location of the
installation of the Facility in the Public Property, including but not limited to the title report of the Use Area, vicinity map,
site plan, elevations, technical specifications, and the cubic feet of the non-antenna wireless equipment.
“Supplemental Parcel Agreement” means an agreement authorizing the Company to use property outside of the Public
Property or Right-of-Way.
“SRP” means Salt River Project and its subsidiaries and affiliates.
"Telecommunications” has the same meaning prescribed in A.R.S. § 9-1401, as amended.
"Telecommunications Company” has the same meaning prescribed in A.R.S. § 9-1401, as amended.
"Telecommunications Service" has the same meaning prescribed in A.R.S. § 9-1401, as amended.
“Third Party Areas” means the portions of the Site subject to Third Party Limitations.
TMO Signatory Level: L04/L05
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T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 4 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
“Third Party Limitations” means some or part of the Site that may contain limited dedications or regulatory use
restrictions imposed by a third party.
“U.S.C.” means United States Code, as amended.
“Use Area” means the Public Property used by Company where the Wireless Facilities are located.
“Violation Use Fee” means the types of fees that the City has available to remedy certain breaches of the Agreement
by Company.
“Wireless Facility” means equipment at a fixed location that enables wireless communications between user equipment
and a communications network, including both of the following: (i) Equipment associated with wireless communications;
and (ii) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and comparable
equipment, regardless of technological configuration. Wireless Facility includes Small Wireless Facilities, but does not
include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities,
coaxial or fiber-optic that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is
otherwise not immediately adjacent to, or directly associated with, an antenna. In addition, Wireless Facility does not
include Wi-Fi radio equipment described in Section 9-506, Subsection I or microcell equipment described in Section 9-
584, Subsection E.
“Wireless Facilities Site Permit”, also referred to herein as “Site Permit”, means the permit authorizing the installation of
Wireless Facilities at a specific site in Public Property.
“Wireless Infrastructure Company” as defined in A.R.S. §9-591(23) means any person that is authorized to provide
telecommunications service in this state and that builds or installs wireless communications transmission equipment,
wireless facilities, utility poles or monopoles but that is not a wireless service company. Wireless Infrastructure Company
does not include a special taxing district.
“Wireless Services” as defined in A.R.S. §9-591(25) means any services that are provided to the public and that use
licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.
“Wireless Services Company” as defined in A.R.S. §9-591(26) means a person that provides wireless services.
Wireless Services Company does not include a special taxing district.
“Wireless Support Structure” as defined in A.R.S. §9-591(27) means: (i) a freestanding structure, such as a monopole;
(ii) a tower, either guyed or self-supporting; (iii) a sign or billboard; or (iv) any other existing or proposed structure
designed to support or capable of supporting small wireless facilities. Wireless Support Structure does not include a
utility pole.
“Zoning Code” means Chapter 35 of City Code.
SECTION 2. PERMISSION GRANTED
2.1
Grant.
2.1.1
Subject to the provisions of this Agreement, and to the City Code, City grants Company the
nonexclusive revocable permission to operate and maintain its Wireless Facilities within the Site. This Agreement does
not grant Company the right and privilege to operate and maintain its Wireless Facilities in Right of Way or Public Property
located outside of the Site. Subject to the terms and conditions of this Agreement and any additional applicable permits
later issued for the Site, for use of the Pima Park Site as more fully set forth herein. The uses of any other Public Property
and installation or construction of any other antennae and other equipment locations at this Site are subject to approval
by the City through additional Encroachment Permit review by City staff. If Company desires to change the components
of any of the Wireless Facilities in a manner that changes its primary purpose, written approval of such change must be obtained
by the City Manager who can refer the matter to the City Council if required by ordinance, provided that such consent by either
may not be unreasonably withheld or delayed. The installation and construction of a fiber optics or telecommunications
network, or cable Wireless Facilities is not authorized by this Agreement.
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 5 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
2.1.2
Company may not install, maintain, construct, or operate Wireless Facilities in the Right-of-Way or
provide services by means of such Wireless Facilities unless a Company first obtains and maintains in good standing at
all applicable times of the following: (i) A City license for video services as provided by Title 9, Chapter 5, Article 7,
Arizona Revised Statutes, or (ii) a City license for telecommunications services as provided by Title 9, Chapter 5, Article
1.1, Arizona Revised Statutes for facilities located in the Right-of-Way that connect the Company’s Wireless Facilities to
Company’s interstate network. Company must demonstrate compliance with this section when Company submits to the
City an application for a wireless agreement. As of the Effective Date, Company represents and warrants that Company
complies with this condition. Company must notify City as provided in this Agreement of any changes to Company’s
compliance with this condition.
2.1.3
Subject to obtaining the permission of the affected property owner, this Agreement also authorizes
Company to operate and maintain its Wireless Facilities on structures owned by third parties located on Public Property,
such as an electric utility company, provided, however, any installation on private property within or on the City’s right-of-
way, easements or other Public Property must comply with Chapters 46 and 47 and any other applicable sections of the
City Code. Upon request, Company must promptly furnish to the City documentation of such permission from such other
affected property owner. By executing this Agreement, the City does not waive any rights that it may have against any
public utility or other property owner to require prior approval from the City for such uses of their property or facilities, or
that revenues received by any public utility or other property owner from Company, by virtue of Company’s use of their
property or facilities, be included in the computation of franchise or Agreement fees owed by such parties to the City.
2.1.4
Except for those Facilities specifically permitted on the Site, no component or part of Company’s
Wireless Facilities may be installed, constructed, located on, or attached to any property within the City by Company until
Company has, for those Facilities to be located on Public Property or other Right-of-Way; obtained encroachment permits
pursuant to Chapter 46 of the City Code. Additionally, Company must comply with all other provisions of the City Code,
including Chapter 35 regarding zoning and other relevant City regulations.
2.1.5
The Site may be used by Company for the transmission and reception of radio communication
signals and for the construction, installation, operation, maintenance and repair of related support Facilities (such
as tower and base, antennas, microwave dishes, equipment shelters and/or cabinets) but only for the provision of
what is commonly known as cellular telephone service (whether or not technically referred to as Personal
Communications Service, or some other term) by the use of "personal wireless service facilities" (as such phrase
is defined in §704 of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996),
partially codified at 47 U.S.C. § 332(c)(7)(C)(2), hereinafter "1996 Act Section 704") and not for any other purpose.
Company must, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules,
and regulations (including but not limited to laws and ordinances relating to health, safety, radio frequency
emissions, and radiation) in connection with the use of (and operations, maintenance, construction and/or
installations at) the Site.
2.1.6
Any privilege claimed under this Agreement and Encroachment Permit by Company in any public street
or other Public Property must be subordinate to any prior or subsequent lawful occupancy or use thereof by the City or
any other governmental entity, and must be subordinate to any prior lawful occupancy or use thereof by any other person,
and must be subordinate to any prior easements therein, provided, however, that nothing herein may extinguish or
otherwise interfere with property rights established independently of this Agreement.
2.2
Description of the Wireless Facilities. Company’s Wireless Facilities consists of improvements, personal
property and Facilities necessary to operate its communications Wireless Facilities, including, without limitation,
equipment that may be mounted on City owned poles or poles privately owned by other parties that may be on Public
Property, and may include equipment buildings with perimeter screen walls in accordance with the provisions of Chapter
35 of the Chandler City Code, and related cables and utility lines (collectively the “Wireless Facilities”) as described in
Exhibit A.
SECTION 3. SCOPE
3.1
Agreement. Company agrees to comply with the provisions of Chapter 46 of the City Code.
TMO Signatory Level: L04/L05
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Revised Final Pima Park Site Version 9 Dated 1-6-25
3.2
Specific Authorization. This Agreement solely authorizes Company to operate and maintain Wireless Facilities to
provide Wireless Services in accordance with the terms of this Agreement.
3.3
Compliance with Laws.
3.3.1
Company must comply with all applicable laws, including, but not limited to, the City Code, in the
exercise and performance of its rights and obligations under this Agreement. There is hereby reserved to the City the
power to amend any section of the City Code to require additional or greater standards of construction, operation, and
maintenance or otherwise pursuant to City’s lawful police powers or as provided in the Agreement.
3.3.2
If it is necessary for Company to comply with any law or regulation of the FCC or the ACC to engage in
the business activities anticipated by this Agreement, Company must comply with such laws or regulations as a condition
precedent to exercising any rights granted by this Agreement. Provided, however, no such law or regulation of the FCC
or ACC may enlarge or modify any of the rights or duties granted by this Agreement without a written modification to this
Agreement.
3.3.3
Upon request Company must provide to the City copies of any communications and reports submitted
by Company to the FCC or any other federal or state regulatory commission or agency having jurisdiction in respect to
any matters directly affecting enforcement of this Agreement.
3.3.4
Upon request Company must provide the City with regular reports, as reasonably needed, to establish
Company’s compliance with the various requirements and other provisions of this Agreement.
3.4
Interference and Emergency.
3.4.1.
Company must receive approval by the City’s Police and Fire Departments that Company’s Wireless
Facilities will not interfere with the City’s public safety communications Wireless Facilities. Company agrees that all
Wireless Equipment it operates within the City must strictly comply with the FCC's radio frequency emission regulations.
In the event City incurs radio frequency interference with respect to its satellite, City communication Wireless Facilities,
television or telephone equipment that is presumably caused by Company’s operations, then City will give notice to
Company via on-call assistance and in writing. Within ten (10) days following Company’s receipt of such notice,
Company must conduct engineering field tests to determine if such interference is being caused by Wireless Equipment
operated by Company. City may conduct engineering field tests using City’s own engineer to determine if such
interference is caused by Company’s Wireless Equipment. City’s engineer and Company’s engineer will use their best
efforts to determine the cause of said interference, but if the two cannot agree on the cause thereof, a neutral third-party
engineer will be appointed by City and Company to determine the cause of the interference. If it is determined that such
interference results from any of Company’s Wireless Equipment, Company must within five business days remedy such
interference.
3.4.2.
Company must continuously and without interruption, operate so that its Facilities are not deemed
abandoned pursuant to 35-2209 of City Code.
3.4.3.
Subject to the applicable provisions of the Chandler City Charter, City Code and Arizona Revised
Statutes, City may, in the event of a public emergency, sever, disrupt, dig-up, or otherwise remove Company’s Facilities
if the action is deemed reasonably necessary by the City Manager, Fire Chief, Police Chief, Public Works Director, or
Development Services Director. Notice will be given to Company at (800) 621-2622. A public emergency must be any
condition which, in the opinion of any of the officials named, poses an immediate threat to the lives or property of City
residents, caused by any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents,
explosions, major water main breaks, or hazardous material spills.
3.5
Reservation to City. The City reserves every right and power, which is required to be herein reserved or provided
by any ordinance or the Charter of the City, and Company, by its execution of this Agreement, agrees to be bound thereby
and to comply with any action or requirements of City in its reasonable exercise of such rights or power, heretofore or
hereafter enacted or established. Neither the granting of any Agreement nor any provision hereof may constitute a waiver
TMO Signatory Level: L04/L05
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Revised Final Pima Park Site Version 9 Dated 1-6-25
or bar to the exercise of any governmental right or power of the City.
SECTION 4. FEES AND CHARGES
4.1
Application Fee. Company must pay all fees and charges in connection with Company’s performance under
this Agreement. Company agrees to pay City, a fee in the amount indicated on the City fee schedule as of the date of
submittal prior to submittal for approval of this Agreement to the City Council. Company has paid City a one-time payment
for the Agreement Application Fee in the amount of $3,000.00.
4.2
Encroachment Permit Fees. Company must pay all fees as required for processing any Encroachment Permits
independently of this Agreement as indicated on the City fee schedule as adopted by the City Council and applicable to
such permits and construction prior to the issuance of such a permit.
4.3
Use Fee and Other Payments.
4.3.1
For the use of the Site, as of the Effective Date, Company must pay City the sum of $2,547.28 (calendar
year 2025) per month as use fee for the Pima Park Site (the “Base Fee”). Initial payments of the Base Fee must be made
within 90 days of the Effective Date and subsequent payments must be made on the first (1st) day of each month
thereafter. The Base Fee for any fractional month at the beginning or at the end of the Term or Renewal Term will be
prorated.
4.3.2
Beginning on the first day of January following the Effective Date, and on each January 1st thereafter,
the Base Fee will increase by 3.5%.
4.3.3
In addition to the Base Fee, Company must pay to City any transaction privilege, sales, excise, rental,
and other taxes (except income taxes) imposed now or hereinafter imposed by any governmental authority upon rentals
and all other amounts to be paid by Company pursuant to this Agreement.
4.3.4
All fees and costs must be paid to City at the following address or to such other persons or at such other
places as City may designate in writing. All payments must be in lawful money of the United States of America.
City of Chandler, Development Services
Mail Stop 405, P.O. Box 4008
Chandler, AZ 85244-4008
Attention: Development Services Administrator
4.3.5
City will send invoices to Company at the following address:
T-Mobile West LLC
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance Site PH60501A
Phone: (877) 373-0093
Email: property management@t-mobile.com
Site: Pima Park
SECTION 5. TERM OF AGREEMENT
5.1
Term. The term of this Agreement shall be as follows:
5.1.1 Original Term. The original term of this Agreement shall be for a period of ten (10) years commencing on
the Effective Date.
5.1.2 Extension. The term of this Agreement may be extended for one (1) additional ten (10) year period subject
to consent by City and Company, which either may withhold in its sole and absolute discretion as provided in Exhibit F.
Both City and Company will be deemed to have elected to extend unless City or Company, respectively, gives notice to
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the contrary to the other at least one hundred eighty (180) days prior to the end of the original term or the current
extension. The second term will begin ten (10) years plus one (1) day after the initial effective date. All of the terms and
conditions of this Agreement must be in effect during the Term and extension of the Term.
5.2
Hold Over. In any circumstance whereby Company remains in possession or occupancy of the Site after the
expiration of this Agreement (as extended, if applicable), such holding over will not be deemed to operate as a renewal
or extension of this Agreement. Instead, the hold over may only create a use right from month to month that may be
terminated at any time by City upon thirty (30) days’ notice to Company or upon sixty (60) days’ notice to City. If Company
remains in possession of the Site at the termination or expiration of the initial term or any extension thereof without a
written agreement with City to do so, such holding over will be construed to be a tenancy at sufferance from month to
month at one and one-half (1 1/2) times the amount of the Use Fee (defined in Section 4.3) in effect at the time of the
hold over and Company will be subject to the same terms and conditions of this Agreement.
SECTION 6. ACCEPTANCE
6.1
Written Acceptance. Company’s execution of this Agreement constitutes its acceptance of the Agreement as
granted and its agreement to be bound by and to comply with this Agreement. Company’s signature must be
acknowledged by Company before a notary public.
6.2
Validity of Agreement. Company must acknowledge, as a condition of acceptance of this Agreement, that
Company was represented throughout the negotiations of the Agreement by its own attorneys and had opportunity to
consult with its own attorneys about its rights and obligations regarding same. Company has reviewed City’s authority
to execute and enforce this Agreement, and has reviewed all applicable law, both federal and state, and, after considering
same, Company acknowledges and accepts the right and authority of City to execute this Agreement, to issue this
Agreement and to enforce the terms herein. Both parties agree it shall not now or at any time hereafter contest or
challenge the other party’s authority under applicable federal, state, and local law to enter and enforce this Agreement in
any city, state, or federal court.
SECTION 7. ENCROACHMENT PERMIT – PIMA PARK SITE
7.1
Site. City has jurisdictional authority over the real property where the Company Facilities and the Use Area are
located as depicted in attached Exhibit A.
7.2
Ingress, Egress and Utility Access. Under this Agreement, Company, its employees, agents, subcontractors,
lenders, invitees, and guests shall have pedestrian and vehicular access to the Site without notice to City twenty-four
(24) hours a day, seven (7) days a week, at no charge. This Agreement grants access to perform work where no
excavation is involved and where previously permitted structures and facilities exist. If excavation is required for utilities,
plans must be submitted to City Staff for approval which will not be unreasonably withheld. Company must submit
engineered plans and drawings through the standard Encroachment Permit application process showing the exact
location of Company’s activities and the plans for installation to City Staff for approval prior to installation.
7.3
Use of Site. The Site must be used solely for the operation of wireless communication services utilizing radio
communication Facilities (“Company Facilities”). Company must not use the Site for any other purpose without the written
consent of City. The Site shall be used only for lawful purposes, and only in accordance with all applicable building, fire
and zoning codes, and applicable local public park ordinances and regulations.
7.4
City Cooperation. City agrees to cooperate with Company, at Company’s expense, in making application for
and obtaining all Agreements and all other necessary approvals that may be required for Company’s intended use of the
Site. However, nothing herein shall be deemed to constitute a contractual obligation of City, as a municipality, to issue a
required Agreement where the officer, agent, or employee of City responsible for the issuance of such Agreement deems
the issuance of such an Agreement to be inappropriate. This Agreement is not intended to supersede, modify, or waive
City Code or Zoning Code requirements applicable to the construction of wireless communication facilities except to the
extent they relate to an encroachment permit for the Pima Park Site.
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
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Revised Final Pima Park Site Version 9 Dated 1-6-25
7.5
Tests and Construction. Company may enter the Right-of-Way following the full execution of this Agreement
to enter upon the Site for the purpose of making appropriate engineering and boundary surveys, inspections, soil test
borings, and other reasonably necessary tests for construction of Company’s Facilities, except as otherwise limited by
Section 7.3. Company must indemnify and hold City harmless against liability, loss, cost, damage, or expense that may
arise out of any personal injury or property damage resulting from Company’s entry upon the Site, except to the extent
caused by City’s negligence or willful misconduct. Company must coordinate with the Development Services Department
to avoid interfering with any City operations while conducting any such tests or construction.
7.6
Company Construction/Improvements.
7.6.1
Company must submit plans and specifications for all the Facilities to be constructed or installed for
prior review and approval by the Development Services Department. Such approval is separate from, but may be
obtained concurrent with, development approvals (building permits, encroachment permits, special use permits, etc.)
required and issued by the Development Services Department. All of Company’s construction and installation work must
be performed at Company’s sole cost and expense and in a good and workmanlike manner.
7.6.2
The construction plans and specifications must include fully dimensioned site plans that are drawn to
scale and show, as applicable, antenna, equipment shelter, the proposed changes in the landscape, the proposed type
and height of fencing, if any, the proposed type of construction material for all structures, including fencing or screening,
and any other details requested by City or required to obtain development approvals.
7.6.3
Company Facilities must remain Company’s personal property and not fixtures, and title to the same
shall be held by Company. Company shall remove all Company Facilities at its sole expense on or before the expiration
or earlier termination of this Agreement and shall repair any damage to the Site caused by such removal and restore the
Site to the condition it was in at the time of removal reasonable wear and tear and casualty excepted. If this removal
includes the removal of a City owned structure such as a ball field light, a replacement structure approved by the
Development Services Department will be constructed.
7.6.4
Any portion of Company’s Facilities, or any of Company’s personal property, equipment, or
improvements on the Site that is not removed on or before ninety (90) days following the termination of this Agreement,
may be removed by City and all expenses of such removal and site restoration charged to Company.
7.6.5
Company must make no alterations or additional improvements to or upon the Site without first obtaining
written approval of the Development Services Department.
7.7
Utilities. Company must be liable for and must pay throughout the term of this Agreement, all charges for all
utility service furnished to the Site for all Company purposes related to the operation and maintenance of Company’s
Facilities.
7.8
Maintenance and Repair. Company must keep their building, fencing or screen walls, if any, and other Facilities
in good repair and in a neat and clean condition and must maintain and preserve any landscaping within and around any
fenced area in accordance with City zoning code.
7.9
Hazardous Substances. Company’s activities upon or about the Site are subject to the following regarding any
hazardous or toxic substances, waste or materials or any substance now or hereafter subject to regulation under the
Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Arizona
Hazardous Waste Management Act, A.R.S. §§ 49-901, et seq., the Resource Conservation and Recovery Act, 42 U.S.C.
§§ 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., or any other federal, state, county, or
local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements (collectively
“Toxic Substances”):
7.9.1
No Warranties. Company understands the hazards presented to persons, property, and the
environment by dealing with Toxic Substances. City makes no warranties as to whether the Site contains actual or
presumed asbestos or other Toxic Substances.
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7.9.2
Discovery. Within twenty-four (24) hours after discovery by Company of any Toxic Substances, Company
must report such Toxic Substances to City in writing. Within fourteen (14) days thereafter, Company must provide City with a
written report of the nature and extent of such toxic substances found by Company.
7.9.3
Disturbance of Toxic Substances. Prior to undertaking any construction or other significant work,
Company must cause the Site to be inspected to prevent disturbance of potential asbestos or other Toxic Substances.
Prior to any work of any description that bears a material risk of disturbing potential asbestos or other Toxic Substances,
Company must cause Company’s contractor or other person performing such work to give to City notice by the method
described in this Agreement to the effect that the person will inspect for Toxic Substances, will not disturb Toxic
Substances, and will indemnify, defend and hold City harmless against any disturbance in Toxic Substances in the course
of the Company’s or other person’s work. Company must cause any on-site or off-site storage, inspection, treatment,
transportation, disposal, handling, or other work involving Toxic Substances by Company in connection with the Site to
be performed by persons, equipment, Facilities, and other resources who are always properly and lawfully trained,
authorized, licensed, permitted, and otherwise qualified to perform such services. Company must promptly deliver to City
copies of all reports or other information regarding Toxic Substances.
SECTION 8. LETTER OF CREDIT OR CASH BOND.
8.1
Amount; Purpose. Within thirty (30) Days after the Effective Date of this Agreement, Company must deposit with
the City one of the following: (i) an irrevocable letter of credit in the amount of $50,000 (“LOC”); or (ii) a cash bond in the
amount of $50,000 (“Bond”). The form and substance of the LOC or Bond must comply with the form, terms, and
conditions as attached in Exhibit “D”. The LOC or Bond will be used to assure: (a) the faithful performance by Company
of all provisions of this Agreement; (b) compliance with all orders, permits, and directions of any City department having
jurisdiction over Company’s acts or defaults under this Agreement; and (c) Company’s payment of any penalties,
liquidated damages, claims, liens, and taxes due to the City that arise by reason of the construction, operation, or
maintenance of the Wireless Facilities, including cost of removal or abandonment of any of Company’s property.
8.2
Drawing on Letter of Credit. The LOC may be drawn upon by the City by presentation of a draft at sight on the
lending institution, accompanied by a written notice as provided in the Annex to Exhibit “D” signed by the Development
Services Director certifying that Company has failed to comply with this Agreement and stating the amount drawn. The
rights reserved to the City with respect to the letter of credit are in addition to all other rights of the City, whether reserved
by this Agreement or authorized by law, and no action proceeding against a letter of credit will affect any other right the
City may have.
8.3
Drawing on Cash Bond. The Bond may be drawn upon by the City by presentation of written notice as provided
in this Agreement in a form similar to the Annex to Exhibit “D” signed by the Development Services Director to Company
certifying that Company has failed to comply with this Agreement and stating the amount being drawn. The rights
reserved to the City with respect to the Bond are in addition to all other rights of the City, whether reserved by this
Agreement or authorized by law, and no action proceeding against the Bond will affect any other right the City may have.
8.4
Replenishing. The LOC and Bond must be structured in such a manner so that if the City at any time draws upon
the LOC or Bond, upon notice to Company, Company must immediately increase the amount of available credit or Bond
amount by an amount necessary to replenish that portion of the available credit or Bond exhausted by the honoring of
the City's draft; provided, however the maximum amount available to be drawn on this LOC or Bond for any one event
may not exceed $50,000. The intent of this Section is to always make available to the City a LOC or Bond in the amount
of $50,000.
SECTION 9. INSTALLATION, CONSTRUCTION & OPERATION OF THE WIRELESS FACILITIES
9.1
Damage to Public Property. Whenever the installation, removal, or relocation of any of Company’s Wireless
Facilities is required under this Agreement, and such installation, removal or relocation cause damage to Public Property,
Company, at its sole cost and expense, must promptly repair and return Public Property in which the Wireless Facilities
components are located to a safe and satisfactory condition in accordance with applicable laws, reasonably satisfactory
to the Development Services Director or designee. If Company does not repair the Site as just described, City will have
the option, upon fifteen (15) days prior written notice to Company, to perform or cause to be performed such reasonable
and necessary work on behalf of Company and to charge Company for the proposed costs to be incurred or the actual
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costs incurred by City at City’s standard rates, plus an administrative fee of fifteen percent (15%). Upon the receipt of a
demand for payment by City, Company must, within thirty (30) days, reimburse City for such costs. For any pavement
cuts by Company, Company agrees to restore the pavement and to reimburse City for all costs arising from the reduction
in the service life of any public road, in accordance with the provisions of Chapter 46 of the City Code and the fees
established by City pursuant thereto. Company agrees to pay within thirty (30) days from the date of issuance of an
invoice from City. Provided, however, in the event Company failure creates a dangerous condition for which immediate
repair or corrective action is necessary for health or safety reasons, no prior notice need be provided to Company, but
City may at City’s option, immediately repair and restore the site to a safe condition and charge Company as provided
above.
9.2
Damage to Facilities of Others. Company must construct, install, locate, and relocate its Wireless Facilities in
such a manner that it causes no disruption of other services or damage to the other facilities. If Company damages any
City facility, Company must pay to City, the full costs of all repairs incurred by City to repair such damage, together with
an administrative fee of fifteen percent (15%). If Company damages any facility owned by an entity other than City,
Company must, at the option of the entity whose facility was damaged, either repair and restore such facility to its
condition before such damage or reimburse that entity the full cost incurred for repairs and restoration and for other
damages as proved by such other entity.
SECTION 10. TERMINATION
10.1
Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice
as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured
within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is
ten (10) days from receipt of written notice of default; or (ii) by Company if it does not obtain or maintain any Agreement,
permit, or other approval necessary for the construction and operation of the Site; or (iii) by Company if Company
determines that the Site is not appropriate for its operations for economic or technological reason, including without
limitation, signal interference; or (iv) Company’s Insolvency as described in this section.
10.2
Rights at Termination. The following provisions will apply at the expiration of the term of this Agreement:
10.2.1 Surviving Obligations. Expiration or termination of this Agreement does not terminate Company’s
obligations existing or arising prior to or simultaneous with, or attributable to, the termination or events leading
to or occurring before termination.
10.2.2 Delivery of Possession. Company must cease using the Site. Company must without demand,
peaceably and quietly quit and deliver up the site to the City thoroughly cleaned, in good repair with the Site
maintained and repaired and in as good order and condition, reasonable use and wear excepted, as the Site
is now or in such better condition as the Site may hereafter be placed.
10.2.3 Confirmation of Termination. Upon expiration or termination of this Agreement for any reason,
Company must provide to City upon demand recordable disclaimers covering the Site executed and
acknowledged by Company and by all persons claiming through this Agreement or Company any interest in or
right to use the Site.
10.2.4 Removal of Improvements. Company must remove all Facilities and restore the Site to its prior
condition, or to a condition matching City’s surrounding land and improvements, as directed by City, at
Company’s expense within 30 days of termination of this Agreement. Without limitation, such work shall include
revegetation and appropriate irrigation Wireless Facilities for revegetated areas.
10.2.5 Prior Improvements. This section also applies to any improvements that Company may have made
to the Site.
10.3
Company’s Insolvency. Company’s insolvency will be deemed an event of default. “Insolvency” means: (a)
the making by Company of any general assignment or general arrangement for the benefit of creditors; (b) the filing by
or against Company of a petition to have Company adjudged a bankrupt or a petition for reorganization or arrangement
under any law relating to bankruptcy (unless, in the case of a petition filed against Company, the same is dismissed
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within sixty (60) days); or (c) the appointment of a trustee or receiver to take possession of substantially all of Company’s
assets located at the Site or of Company’s interest in this Agreement, where possession is not restored to Company
within thirty (30) days.
SECTION 11. INDEMNITY AND INSURANCE
11.1
Insurance Responsibility. During the entire term of this Agreement, Company must insure its property and
activities at and about the Site and must provide insurance and indemnification as follows. Company must procure and
maintain, and must cause its contractors to procure and maintain substantially the same coverage with substantially the
same limits as required of Company, as provided in Section 11.7 below, until all their respective obligations have been
discharged, insurance against claims for injury to persons or damage to property which may arise from or in connection
with Company’s obligations under this Agreement and Company’s activities on the Site, including but not limited to the
installation, construction, relocation, removal, repair, operation, and maintenance of the Wireless Facilities and
Communications Equipment by Company, its agents, representatives, employees, or contractors. The insurance
requirements herein in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants
that the limits contained herein are sufficient to protect Company from liabilities that might arise out of this Agreement by
Company, its agents, representatives, employees or contractors, and Company is free to purchase such additional
insurance as may be determined necessary.
11.2
Minimum Scope and Limits of Insurance. Company must provide coverage with limits of liability not less
than stated below.
11.2.1 Commercial General Liability – Occurrence Form. Policy must also include coverage for products
completed operations, personal injury, property damage, advertising injury, and claims arising from Company’s
independent contractors.
Products – Completed Operations Aggregate
$10,000,000
Each Occurrence
$10,000,000
The policy must be endorsed to include the following as additional insured language: "The City of Chandler, its
agents, representatives, officers, directors, officials, employees, and volunteers shall be included as an
additional insured with respect to liability arising out of the activities performed by the Company." This
endorsement may not contain an exclusion or limitation of completed operations coverage as regards the
additional insured except with respect to the stated aggregate limits of liability. The policy may not exclude the
explosion/collapse/underground (“xcu”) hazard. This condition may be satisfied by a blanket additional insured
endorsement.
11.2.2 Automobile Liability. Bodily Injury and Property Damage for any owned, hired, and non-owned
vehicles used in the performance of work under this Agreement.
Combined Single Limit (CSL)
$1,000,000
The policy must contain an “MCS-90” or carrier equivalent endorsement providing for clean-up of pollution
conditions arising from transported product, if the work performed under the Agreement requires the
transportation of any Hazardous Substances by motor vehicle. The policy must be endorsed to include the
following as additional insured language: "The City of Chandler its agents, representatives, officers, directors,
officials, employees, and volunteers shall be included as an additional insured with respect to liability arising
out of the activities performed by Company, including automobiles owned, leased, hired, or borrowed by
Company ". This condition may be satisfied by a blanket additional insured endorsement.
11.2.3 Worker's Compensation and Employers' Liability.
Workers' Compensation
Statutory
Employers' Liability
Each Accident
$1,000,000
Disease – Each Employee
$1,000,000
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Disease – Policy Limit
$1,000,000
Policy must contain a waiver of subrogation against the City of Chandler.
11.2.4 Pollution Liability.
Per Occurrence
$10,000,000
Annual Aggregate
$10,000,000
The policy must be endorsed to include the following as additional insured language: "The City of Chandler its
agents, representatives, officers, directors, officials, employees, and volunteers shall be included as an
additional insured with respect to liability arising out of the activities performed by Company." The policy
must include coverage for cleanup of sudden or accidental pollution conditions arising from the Wireless
Facilities and Communications Equipment, as defined in the Agreement; cleanup of new conditions arising
from Company's operations and use of the Site under this Agreement; and third-party claims for on and off-
site bodily injury and property damage. Company warrants that any retroactive date under the policy shall
precede the effective date of this Agreement; and that either continuous coverage will be maintained, or an
extended discovery period will be exercised for a period of two (2) years beginning at the time work under
this Agreement is completed. This condition may be satisfied by a blanket additional insured endorsement.
11.2.5 Telecommunications, Media & Technology Errors & Omissions including Network Security &
Privacy Liability Insurance (Cyber).
Per Claim and Aggregate
$10,000,000
The policy must cover professional misconduct or lack of ordinary skill for those positions defined in the
Scope of Services of this Agreement. If the professional liability insurance required by this Agreement is
written on a claims-made basis, Agreement warrants that any retroactive date under the policy shall
precede the effective date of this Agreement; and that either continuous coverage will be maintained, or an
extended discovery period will be exercised for a period of two (2) years beginning at the Effective Date of
this Agreement. If such insurance is maintained on an occurrence form basis, Company must maintain such
insurance for an additional period of one (1) year following termination or expiration of this Agreement. If
such insurance is maintained on a claims-made basis, Company must maintain such insurance for an
additional period of three (3) years following termination or expiration of this Agreement. If Company
contends that any of the insurance it maintains pursuant to other sections of this clause satisfies this
requirement (or otherwise insures the risks described in this section), Company must provide proof of same.
The insurance must provide coverage for the following risks: (i) Liability arising from theft, dissemination
and / or use of confidential information (a defined term including but not limited to bank account, credit card
account, personal information such as name, address, social security numbers, etc. information) stored or
transmitted in electronic form; (ii) Network security liability arising from the unauthorized access to, use of
or tampering with the System including hacker attacks, inability of an authorized third party, to gain access
to your services including denial of service, unless caused by a mechanical or electrical failure; (iii) Liability
arising from the introduction of a computer virus into, or otherwise causing damage to, a customer’s or third
person’s computer, the System, network or similar computer related property and the data, software, and
programs thereon.
11.3
Additional Insurance Requirements. The policies are to contain, or be endorsed to contain, the following
provisions: Company’s insurance coverage must be primary insurance and non-contributory with respect to the
obligations that Company has undertaken under this Agreement. The policies must contain a severability of interest
clause and waiver of subrogation against the City, its officers, officials, agents, volunteers, and employees, for
losses arising from work performed by the Company under this Agreement.
11.4
Notice of Cancellation. Upon receipt of notice from its insurer(s), Company must provide thirty (30) days
prior written notice of cancellation to the City. Such notice must be sent directly to the addresses listed below and
must be sent by first class mail.
TMO Signatory Level: L04/L05
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City of Chandler
Attention: Development Services Department
P.O. Box 4008, Mail Stop 405
Chandler, Arizona 85244-4008
Phone: (480) 782-3000
Email: tuf@chandleraz.gov
With a copy to:
Office of the City Attorney
Attention: Risk Management
175 South Arizona Avenue
P.O. Box 4008 Mail Stop 602
Chandler, Arizona 85244-4008
Phone: (480) 782-4640
Fax: (480) 782-4652
Email: legal.notices@chandleraz.gov
11.5
Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed
companies in the State of Arizona and with an "A.M. Best" rating of not less than A-VII. City in no way warrants
that the above-required minimum insurer rating is sufficient to protect Company from potential insurer insolvency.
11.6
Verification of Coverage. Company must furnish City with certificates of insurance (ACORD form or
equivalent approved by City) as required by this Agreement. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are
to be received and approved by City before work commences. Each insurance policy required by this Agreement
must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration
of the Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of this Agreement. All certificates required by this Agreement must be sent directly
to the City of Chandler Development Services Department with a copy to Risk Management as the addresses listed
in Section 11.4. The Agreement number and description are to be noted on the certificate of insurance. At City’s
request, Company shall provide copies of applicable policies for claims giving rise to a coverage dispute out of
services provided by Company under this Agreement.
11.7
Contractors. Company must require all contractors and subcontractors to obtain and maintain substantially
the same coverage with substantially the same limits as required of Company and must include the City of Chandler
its agents, representatives, officers, directors, officials, employees, and volunteers as an additional insured.
Notwithstanding the above, contractor’s limits of liability must not be less than $1,000,000 per occurrence,
$2,000,000 aggregate.
11.8
Approval. Any modification to the insurance required herein must be mutually agreed upon by the parties
by amendment to this agreement and be appropriately adjusted upon the agreed terms.
11.9
Indemnity. In addition to all other indemnities and other obligations hereunder, to the fullest extent permitted
by law, throughout the term of this Agreement or any and all Permits and until all obligations and performances under
or related to this Agreement are satisfied and all matters described in this paragraph are completely resolved, Company
and all other persons acting, working or claiming through or for Company (if they or their subcontractor, employee or
other person or entity hired or directed by them participated in any way in causing the claim in question) shall jointly and
severally indemnify, defend and hold harmless City and all other parties required to be included as additional insureds
under this Section 11 (“Additional Insureds”) for, from and against any and all claims or harm related to Company’s use
of the Site or the rights granted to Company with respect to the Site or Company’s exercise of its rights under this
Agreement (the “Indemnity”). Without limitation, the Indemnity shall include and apply to any and all allegations,
demands, judgments, assessments, taxes, impositions, expenses, proceedings, liabilities, obligations, suits, actions,
claims (including without limitation claims of personal injury, bodily injury, sickness, disease, death, property damage,
destruction, loss of use, financial harm, or other impairment), damages, losses, expenses, penalties, fines or other
matters (together with all reasonable attorney fees, court costs, and the cost of appellate proceedings and all other
costs and expenses of litigation or resolving the claim) that may arise in any manner out of Company’s use of the Site
or other property pursuant to this Agreement or any and all Permits, or any actions, acts, errors, mistakes or omissions
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relating to work or services in the performance of or related to this Agreement by Company, including without limitation
any injury or damages or cause of action claimed or caused by any employees, contractors, subcontractors, tenants,
subtenants, agents or other persons upon or using the Site or surrounding areas related to Company’s exercise of its
rights under this Agreement, except to the extent caused by City or any other Additional Insured or anyone for whose
mistakes, errors, omissions or negligence City may be liable. Notwithstanding the foregoing, the Indemnity does not
apply to: (i) Claims arising from the sole negligence or intentionally wrongful acts of City; or (ii) Claims that the law
prohibits from being imposed upon the indemnitor.
11.10
Risk of Loss. Company assumes the risk of all loss, damage or claims related to Company’s use of the Site
or other property of City, Company or third parties throughout the term of this Agreement and the term(s) of all Permits.
Company must be responsible for all damage to its property and equipment related to this Agreement unless caused
by the negligence of the City or its agents or contractors.
11.11
Insurance to be Provided by Others. Company must cause its contractors or other persons occupying,
working on or about, or using the Site pursuant to this Agreement to be covered by their own or Company’s insurance
as required by this Agreement. The required policy limits for commercial general liability insurance provided by such
persons must be $1,000,000 for each occurrence, $1,000,000 for products and completed operations annual
aggregate, and $2,000,000 general aggregate limit per policy year. This paragraph does not apply to persons who do
not actually perform physical labor at the Site (such as Company’s consulting design engineers).
SECTION 12. ASSIGNABILITY AND TRANSFERABILITY
12.1
Assignability. This Agreements and all permits are not assignable by Company (and any assignment shall be
void and vest no rights in the purported assignee) unless the assignment is made in strict compliance with the following.
12.2
Assignments Affected. Every assignment of any of Company’s interest in the Site, any Agreement, any
Permit, or any of Company’s rights or interests hereunder is prohibited unless Company first receives from City notice of
City’s consent to the assignment, City’s consent to such assignment not to be unreasonably withheld, conditioned, or
delayed. All references in this Agreement to assignments by Company or to assignees shall be deemed also to apply to
all of the following transactions, circumstances and conditions and to all persons claiming pursuant to such transactions,
circumstances and conditions: (i) Any voluntary or involuntary assignment, conveyance or transfer of Company’s right to
use the Right-of-way under this Agreement or any interest or rights of City under this Agreement, in whole or in part; (ii)
Any voluntary or involuntary pledge, lien, mortgage, security interest, judgment, claim or demand, whether arising from
any contract, any agreement, any work of construction, repair, restoration, maintenance or removal, or otherwise affecting
Company’s rights to use the Right-of-way (collectively “Liens”); (iii) Any assignment by Company of any interest in any
Agreement or Permit for the benefit of creditors, voluntary or involuntary; (iv) A Company Insolvency; (v) The occurrence
of any of the foregoing by operation of law or otherwise; (vi) The occurrence of any of the foregoing with respect to any
assignee or other successor to Company.
12.3
Pre-approved Assignments. Subject to certain conditions hereafter stated, City hereby consents to certain
assignments (the “Pre-approved Assignments”). Only the following assignments are Pre-approved Assignments:
12.3.1 Complete Assignment of Agreement and Permits. Company’s complete assignment of all of
Company’s rights and Interests in the Right-of-way and approved Agreements, and issued Permits to a single assignee
who meets all of the following requirements, as determined by City in City’s reasonable discretion (a “Qualified Operator”):
(i) The assignee has experience, management, credit standing and financial capacity and other resources equal to or
greater than Company’s and adequate to successfully perform the obligations set forth herein; (ii) The assignee is
experienced in the management and operation of similar projects; (iii) The assignee assumes all of Company’s
obligations herein; (iv) The assignee has a net worth of not less than Fifty Million and No/100 Dollars ($50,000,000.00).
12.3.2 Stock Transfers. The transfer of publicly traded stock, regardless of quantity.
12.3.3 Merger. The merger or consolidation of Company with another entity that is a Qualified Operator.
12.3.4 Common Ownership Transfer. Company’s complete assignment of all of Company’s rights and
interests in the Right-of-way and approved Agreements to a single assignee who is and remains a majority owned
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subsidiary of Company’s owner as of the date of the Agreement (or a majority owned subsidiary of a majority owned
subsidiary of Company’s owner as of the date of the Agreement), or a majority owned subsidiary of Company.
12.4
Limitations on Assignments. City’s consent to any assignment, including without limitation, Pre-approved
Assignments, is not effective until the following conditions are satisfied: (i) Except for the sale of stock, Company must
provide to City a summary of the transaction assigning its interests; and (ii) Each assignee must execute an assumption
of any and all Agreements and Permits to be assigned in the form attached as Exhibit E; and (iii) Each Pre-approved
Assignment must satisfy all other requirements of this Agreement pertaining to assignments.
12.5
Assignment Remedies. Any assignment without City’s consent shall be void and shall not result in the
assignee obtaining any rights or interests. City may, in its sole discretion and in addition to all other remedies available
to City under this Agreement or otherwise, and in any combination, terminate all Agreements and Permits; collect Base
Fee from the assignee and/or declare the assignment to be void, all without prejudicing any other right or remedy of City
this Agreement. No cure or grace periods may apply to assignments prohibited under this Agreement or to enforcement
of any provision under this Agreement against an assignee who did not receive City's consent.
12.6
Effect of Assignment. Prior to any assignment, each assignee must execute an assumption of each
Agreement and Permit in the form attached hereto as Exhibit E. No action or inaction by City shall be deemed a waiver
of the prohibition on assignments or any other provision herein, or the acceptance of the assignee, Company or occupant
as Company, or a release of Company from the further performance by Company of the provisions of this Agreement,
any agreement, or any permit. Consent by City to an assignment shall not relieve Company from obtaining City’s consent
to any further assignment. No assignment may release Company from any liability hereunder.
12.7
Enforceability after Assignment. No consent by City may be deemed to be a novation. City’s consent to any
assignment does not in any way expand or modify the terms set forth this Agreement or waive, diminish, or modify any
of City’s rights or remedies under any agreement or any permit. The terms set forth in this Agreement will be enforceable
against Company and each successor, partial or total, and regardless of the method of succession, to Company’s interest
hereunder. Each successor having actual or constructive notice of this Agreement, any agreement or permit will be
deemed to have agreed to the preceding sentence.
12.8
Grounds for Refusal. Except for the Preapproved Assignments, no assignment of any agreement or permit
by Company is contemplated or bargained for. Without limitation, City has the right to impose upon any consent to
assignment such conditions and requirements as City may deem appropriate.
12.9
Consent to Assignments Company must attach to each Pre-approved Assignment a copy of Company’s
notice to City of the Pre-approved Assignment and other required documents, Company must attach to each other
assignment, a copy of City's notice to Company of City's consent to the assignment. This Agreement will continue to be
enforceable according to its terms despite any provisions of any documents relating to an assignment.
12.10
Assignment Fee. Company must pay to City in advance the sum of Five Hundred Dollars ($500) as a
nonrefundable fee for legal, administrative, and other expenses related to every Pre-approved Assignment of an
Agreement (including any related Site Permits (other than the sale of publicly traded stock) or to any request for a consent
to assignment, whether City grants such request.
SECTION 13. USE AREA
13.1
Authority to Use Public Property. Upon approval of this Agreement, City grants to Company permission
to install Wireless Facilities in the Public Property upon issuance of all required Permits as set forth below.
13.2
Limitations. Notwithstanding anything herein to the contrary, the Use Area includes and is limited to only
certain area that Company is permitted to use and occupy as depicted in Exhibit B. The Use Area will be clearly
defined by the Boundary Plan in the Preliminary Drawings or Construction Drawings.
13.3
Use Area Boundary. The Use Area excludes other parts of the Public Property and all other land.
Company must not occupy or use any other portion of the Public Property or adjoining lands. An approved
Agreement or an issued Permit does not allow any use of land outside the Use Area. If any portion of Company’s
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work, improvement, or equipment is to be located on other land, such work, improvements, and equipment are
prohibited unless Company first obtains from the owner of said land (including City, if applicable) an agreement
allowing such work, improvements, or equipment (a “Supplemental Parcel Agreement”).
13.4
Power and Telephone Service. Nothing herein grants permission for any portion of the power, telephone,
or other service routes, if any. Use of the Public Property or utility easements for these purposes, if any, is governed
by other City laws, rules, and policies, and by the Agreement or franchise between City and electrical, telephone,
and other service Companies. Any proposed service entrance section, electrical meter pedestal, vault or other
equipment and any associated conduits required by power, telephone, or other service Companies to be
constructed by the Company to provide such services to the Site must be clearly indicated on the Site Construction
Drawings to coordinate with and avoid conflicts with other users.
13.5
Rights in Adjacent Land. Company's interests granted by this Agreement are expressly limited to the real
property defined as the “Use Area” in an issued Permit. Without limitation, in the event any public right-of-way or
other public or private property at or adjacent to the Use Area is owned, dedicated, abandoned, or otherwise
acquired, used, improved, or disposed of by City, such property will not accrue to Company but will be City’s only.
13.6
Variation in Area. In the event the Use Area consists of more or less than any stated area, Company's
obligations hereunder will not be increased or decreased.
13.7
Condition of Title. Company must not amend, modify, terminate, or otherwise change the Site Documents
or create new Site Documents without the City’s written approval.
13.7.1 Title. City does not warrant title or rights to use the Use Area or any other property.
13.7.2 Indemnity. Company must pay, indemnify, defend, and hold harmless the City and its agents and
representatives of, from and against all claims, demands, damages, expenses, interest or penalties of any kind or
nature whatsoever, including reasonable attorneys', arbitrators' and experts' fees and court costs that arise from or
relate to Company’s failure to comply with the Site Documents except to the extent caused by City’s negligence or
willful misconduct.
13.8
Condition of Use Area. The Use Area is made available in an “as is” condition without any express or
implied warranties of any kind, including without limitation any warranties or representations as to their condition or
fitness for any use or particular purpose.
13.9
No Real Property Interest. Notwithstanding any provision hereof to the contrary, and notwithstanding any
negotiation, correspondence, course of performance or dealing, or other statements or acts by or between the
parties, Company's rights herein are limited to use and occupation of the Use Area for the Permitted Uses.
Company's rights in the Use Area are limited to the specific rights created herein as an approved Agreement.
13.10
Reserved Right and Competing Users and Activities. Notwithstanding anything herein to the contrary,
City specifically reserves to itself and excludes from any issued Permit a non-exclusive delegable right (the
“Reserved Right”) over the entire Use Area for all manner of real and personal improvements and for streets,
sidewalks, trails, landscaping, utilities, and every other land use of every description, provided the foregoing does
not unreasonably interfere with Company’s use of the Use Area. Without limitation:
13.10.1 Competing Users. Company accepts the risk that City and others (the “Competing Users”) may
now or in the future install their facilities in the Use Area in locations that make unoccupied parts of the Public
Property unavailable for Company’s use.
13.10.2 Competing Activities. Company accepts the risk that there may now or in the future exist upon
the Use Area all manner of work and improvements upon the Use Area (the “Competing Activities”). The Competing
Activities include without limitation any and all laying construction, erection, installation, use, operation, repair,
replacement, removal, relocation, raising, lowering, widening, realigning or other dealing with any or all of the
following, whether above, upon or below the surface of the Use Area and whether occasioned by existing or
proposed uses of the Public Property or existing or proposed uses of adjoining or nearby land: (i) All manner of
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streets, alleys, sidewalks, trails, ways, traffic control devices, subways, tunnels, trains and gates of every
description, and all manner of other transportation facilities and their appurtenances; (ii) All manner of pipes, wires,
cables, conduits, sewers, pumps, valves, switches, conductors, connectors, poles, supports, access points and guy
wires of every description, and all manner of other utility facilities and their appurtenances; (iii) All manner of canals,
drains, bridges, viaducts, overpasses, underpasses, culverts, markings, balconies, porches, overhangs and other
encroachments of every description and all manner of other facilities and their appurtenances: (iv) All other uses of
the Public Property that City may permit from time to time.
13.11
City’s Rights Cumulative. All of City’s Reserved Rights under various provisions of this Agreement and
all issued Permits will be cumulative to each other.
13.12
Use Priorities. This Agreement does not grant to Company or establish for Company any exclusive rights
or priority in favor of Company to use the Use Area. Company must not obstruct or interfere with or prevent any
Competing User from using the Use Area. City agrees that Competing Users may not obstruct or interfere with or
prevent Company from using the Use Area.
13.13
Regulation. City reserves the full authority to regulate use of the Use Area and to resolve competing
demands and preferences regarding use of the Use Area and to require Company to cooperate and participate in
implementing such resolutions. Without limitation, City may take any or all of the following into account in regulating
use of the Use Area: (i) all timing, public, operational, financial and other factors affecting existing and future
proposals, needs and plans for Competing Activities; and (ii) all other factors City may consider relevant, whether
or not mentioned in this Agreement and any and all issued Permits; (iii) differing regulatory regimes or laws
applicable to claimed rights, public benefits, community needs and all other factors relating to Competing Users
and Competing Activities.
13.14
Communications Equipment Relocation. Upon ninety (90) days’ notice from City and in connection with
the relocation of the associated SRP transmission pole, Company may temporarily or permanently relocate or
otherwise modify the Communications Equipment (the “Relocation Work”) as follows: (i) Company must perform
the Relocation Work at its own expense when required by the City Manager; and (ii) The Relocation Work includes
all work determined by City to be necessary to accommodate Competing Activities, including without limitation
temporarily or permanently removing, protecting, supporting, disconnecting, or relocating any portion of the
Communications Equipment; and (iii) City may perform any part of the Relocation Work that has not been performed
within the allotted time. Company must reimburse City for its actual costs in performing any Relocation Work. City
has no obligation to move Company’s, City’s or others’ facilities, but may assist Company to find a new location
and to expedite the approval process; and (iv) City reserves the right to use any of Company’s Facilities that are
abandoned in place or that are not relocated on City’s request; and (v) all Relocation Work is subject to and must
comply with this Agreement; and (vi) if City and Company cannot mutually agree on an alternate location, this
Agreement will terminate as set forth in section 15.1; and (vii) Communication Equipment relocated to an acceptable
location must be reflected by an amendment to this Agreement and subject to City Council approval.
13.15
Interference/Disruption by Competing Users. Neither City, nor any agent, contractor, or employee of
City will be liable to Company, its customers nor third parties for any service disruption or for any harm caused them
or the Communications Equipment due to Competing Users or Competing Activities.
.
13.16
Emergency Disruption by City. City may remove, alter, tear out, relocate, or damage portions of the
Communications Equipment in the case of fire, disaster, or other emergencies as the City Manager deems such
action to be reasonably necessary under the circumstances. City will make reasonable efforts to contact the
Company’s Network Operations Center at (877) 611-5868. In such event, neither City, nor any agent, contractor
or employee of City may be liable to Company or its customers or third parties for any harm so caused to them or
the Communications Equipment. When practical, City may consult with Company in advance to assess the
necessity of such actions and to minimize damage or disruption of operation of the Communications Equipment to
the extent reasonably practical under the circumstances. City will inform Company after such action is taken. The
terms and condition for Relocation Work apply for Company’s repair for the emergency disruption of Company’s
Wireless Facilities.
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13.17
Public Safety. If the Communications Equipment or any other Company equipment, improvements, or
activities present any immediate hazard or impediment to the public, to City, to City’s equipment or facilities, to other
improvements or activities within or outside of the Site, or to City’s ability to safely and conveniently operate the
Public Property or perform City’s utility, public safety, or other public health, safety, and welfare functions, Company
must immediately remedy the hazard, comply with City requests to secure the Public Property, and otherwise
cooperate with City at no expense to City to remove any such hazard or impediment. Company’s work crews must
report to the Site within four (4) hours of any request by City under this section. The City may impose violation use
fees and civil sanctions as provided in C.C.C. chapter 46 for Company’s failure to comply with this section, this
Agreement, or City Code.
13.18
Third Party Permission. Company’s Wireless Facilities must not be located on Third Party Areas without
the third party’s written permission. This Agreement may be suspended for Company’s failure to obtain the third
party’s written permission to use Third Party Areas.
SECTION 14. PROPRIETARY INFORMATION
14.1
Notice to Company. If City receives a request to disclose information identified by Company as
Proprietary Information, City will notify Company of such request as provided in section 19.15 to permit Company
at Company’s cost a reasonable opportunity to prevent the disclosure of the requested information. If the City does
not receive a court order to prevent disclosure within five business days from the date of the notice, the City will
disclose the requested information.
14.2
Public Records Law. Notwithstanding any provision in this Agreement, Company acknowledges and
understands that City is a political subdivision of the State of Arizona and is subject to the disclosure requirements of
Arizona’s Public Records Laws (A.R.S. § 39-121 et. seq.).
SECTION 15. ABANDONMENT
15.1
Abandonment; Removal of Facilities. In the event that the use of a substantial part of any of the Wireless
Facilities is discontinued for any reason for a continuous period of two (2) years for reasons other than Force
Majeure, or in the event such Wireless Facilities or property has been installed in any Public Property or Right of
Way without complying with the requirements of this Agreement, or this Agreement has terminated or been revoked,
Company must promptly, upon being given 60 days’ notice from the City, begin removal of such Wireless Facilities
and related appurtenances from the Public Property and Right of Way other than such underground facilities which
the City may permit to be abandoned in place. In the event of such removal, Company must promptly restore the
Public Property or Right of Way or other area from which such property has been removed to a condition satisfactory
to the City subject to the City’s customary practice to review upon request of Company. As a minimum, Company
must restore the Public Property or Right of Way to a condition as existed prior to the removal of the structure or
property.
15.2
Permanent Abandonment. The Wireless Facilities and any other property of Company remaining on the
Public Property or Right of Way without the consent of the City 180 days after the revocation of this Agreement will
be at the option of the City considered permanently abandoned. Any Company property permitted to be abandoned
in place will be abandoned consistent with C.C.C. §§ 46-2.9, 46-8.12(K), the Utility Permit Manual, Transportation
and Development Policy TDP-275, and any other applicable law.
SECTION 16. AGREEMENT REVOCATION
16.1
Revocation for Nonuse. Not later than 24 months after the date that the City issues a wireless agreement
under C.C.C. chapter 46, or an amended video service agreement under C.C.C. chapter 46, Company must offer and
provide wireless services unless the Company cannot meet the requirement for reasons beyond the Company’s control
as provided in Section 19.22. If Company fails to comply with this section, the City may revoke this Agreement.
16.2
Revocation for Cause. In addition to C.C.C. chapter 46 and subject to Section 16.4 below, this Agreement
may, after public hearing and notice and an opportunity to cure pursuant to Section 16.3 below, be revoked, altered,
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or suspended by the City as it deems necessary on any of the following grounds: (i) failure to file and maintain any
faithful letters of credit, insurance coverage or pay Agreement fees as required under this Agreement; (ii) failure
to comply with applicable law regarding the operation of the Wireless Facilities, this Agreement, or the appropriate
regulatory authority; (iii) violation of material terms of this Agreement; (iv) fraud by Company, in its conduct or
relations under the Agreement; (v) willful or grossly negligent repeated violations of this Agreement; (vi) failure to
comply with any federal, state, local or administrative order, law, permit regulation or consent decree as such may
apply to Company’s activities, as contemplated in this Agreement; and (vii) permanent or temporary suspension for
a period greater than 180 calendar days by the United States or the State of Arizona for any authorizations for
Company to own, operate, maintain, or construct a Wireless Facilities.
16.3
Cure Period. If any of the foregoing events occur, Company will be given a period of 60 days after receipt
of a written notice of default from the City to cure the default before the hearing described in Section 16.4. The
provisions of Section 16.4 apply: (i) if Company fails to cure the event of default within the 60-day period; or (ii)
when an event of a default cannot be cured within the 60-day period and Company fails to begin and diligently
pursue the cure.
16.4
City Determination; Public Hearing. If Company fails to remedy its default as provided for in Section
16.2, City will notify Company of that determination and will state the major causes and reasons supporting the
determination. Company will be granted ten days to respond to the determination. The City will consider the
response of Company, if any, and may then terminate, postpone for a period, or proceed with the revocation,
alteration, or suspension process. If the City proceeds with the revocation, alteration, or suspension process, or
reactivates a postponed proceeding, a written statement of revocation, alteration, or suspension will be served upon
Company stating the principal reasons for such action and a copy of the statement must be sent by certified U.S.
mail, return receipt requested, to Company as provided in Section 19.15. The City Council may take final action on
the revocation, alteration, or suspension of this Agreement after the public hearing.
16.5
Removal of Facilities. Upon revocation of this Agreement, the City may declare a forfeiture, whereupon
all rights and privileges of Company under this Agreement will immediately be divested without a further act upon
the part of Company, and Company must remove its structures or property from the Public Property and restore the
Public Property to the condition as existed prior to the removal of the structure or property. Upon Company’s failure
to do so within six months of revocation, the City may perform the work and collect the City’s cost from Company.
At the City’s option, Company may abandon structures or property in place as provided in this Agreement. At a
minimum, the Public Property must be restored to a condition as existed before the removal of the structures or
property.
SECTION 17. RADIO FREQUENCY REQUIREMENTS; CITY EMPLOYEE SAFETY
17.1
RF Compliance Requirements. Company must document, report, and confirm its compliance with FCC
Radio Frequency Exposure Guidelines (FCC OET Bulletin 65) and all other applicable radio frequency emissions
laws and regulations in effect from time to time (collectively, the “FCC Rules”). Company must cause its senior
internal engineer responsible for compliance with the FCC Rules to deliver to City a written letter (the “RF Letter”),
as follows: (i) The RF Letter must attest that Company’s operation of the Communications Equipment follows the
FCC Rules. A statement from Company declaring exemption from reporting to FCC is not acceptable to comply
with the requirements of this paragraph; and (ii) Company must maintain records of radio frequency measurements
and Communications Equipment performance in accordance with the FCC Rules; and (iii) Company must show its
compliance with the FCC Rules.
17.2
Prior Notice for Work Near Wireless Facilities. Prior to performing any work on the Site, the City’s
employee will contact the Network Operations Center (the NOC”) whose information must be located on the ground
level Communications Equipment or on the pole. The City’s employee will identify himself or herself as an employee
of City and will request deactivate the RF signals at the Site for a specified period. Upon completion of the work,
the City’s employee will contact the NOC to inform Company that the Site may activate the RF signals.
17.3
Kill Switch. Company must provide access to a “kill switch” for the Wireless Facilities and Communication
Equipment located at the Site for use by the City's employees, agents, or representatives.
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SECTION 18. VIOLATION USE FEES AND PUBLIC SAFETY VIOLATIONS.
18.1
Violation Use Fee. Company agrees to pay Violation Use Fees as provided in C.C.C. chapter 46 when
Company breaches the terms of this Agreement and fails to cure the breach after the applicable notice and cure
period. The City may elect to draw upon the letter of credit required in Section 8 to collect the Violation Use Fees.
For continuing violations within a 24-hour period, each calendar day is considered a separate period for purposes
of recovery of Violation Use Fees. Company’s payment of Violation Use Fees does not excuse Company’s breach
of this Agreement or limit the City’s legal or equitable remedies.
18.2
Enforcement of Violation Use Fees. The City Manager may issue a warning for Company’s first violation
under this section. The City Manager will issue notice to the Company as listed in Section 19.15. If City determines
that Company is liable for Violation Use Fee, the City assesses the Violation Use Fee by setting forth the nature of
the violation and the amount of the assessment. Within ten days of the notice of violation date, Company may
appeal the violation as provided in C.C.C. chapter 46 or must pay the Violation Use Fee.
18.3
Public Safety Violations; Civil Sanctions. In addition to imposing a Violation Use Fee, as provided in
C.C.C. chapter 46 the City Manager may issue notices of violation of this Agreement and may take those measures
necessary to promote, preserve, and protect public health, safety, and welfare within the public right-of-way. The
City Manager may issue a warning for Company’s first violation under this section. The City Manager will issue
notice to the Company as listed in Section 19.15, and Company’s violation may result in a civil sanction as provided
in C.C.C. chapter 46. For continuing violations within a 24-hour period, each calendar day is considered a separate
period for civil sanctions.
18.4
Civil Action for Violations. These remedies are cumulative, and the City may proceed under one or more
remedies. Any party who causes, permits, facilitates, or aids or abets any violation of any provision of this section
or who fails to perform any act or duty required by this section is subject to a civil sanction as provided in C.C.C.
chapter 46.
SECTION 19. GENERAL CONDITIONS.
19.1
Agreement Administrator and Enforcement. In all matters of Agreement administration, the City
Manager has authority to determine Company’s compliance with the terms and provisions of the Agreement, and
in the event of non-compliance, to exercise any or all the remedies provided in this Agreement and to the full extent
provided by law.
19.2
Right of Inspection of Construction. The City may inspect all construction or installation work performed
subject to the provisions of this Agreement and to make such tests as it deems necessary to ensure compliance
with the terms of this Agreement and other pertinent provisions of law.
19.3
Right of Intervention. The City may intervene in any suit or proceeding related to or arising out of this
Agreement to which Company is party, and Company may not oppose such intervention by the City.
19.4
Reserved.
19.5
Reserved.
19.6
Compliance With Laws. Company must comply with all federal, state, and City ordinances, resolutions,
rules, and regulations related to the rights and duties granted Company under this Agreement.
19.7
No Recourse. Company has no recourse whatsoever against the City’s officials, boards, commissions,
agents, or employees personally for any loss, costs, expense, or damage arising out of any provision, requirement,
enforcement, or defect in this Agreement.
19.8
Non-Enforcement by the City. Company will not be relieved of its obligation to comply with any of the
provisions of this Agreement by reason of the City’s failure to insist upon or to seek compliance with any term and
condition.
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19.9
Agreement Documents. Company must submit to the City the letter of credit and insurance certificates
as required by the Agreement within 30 days of the Effective Date. The Agreement granted is not legally operative
until all of Company’s requirements in this Section are completed. In the event Company does not timely satisfy
these, this Agreement will be deemed null and void unless Company’s time period to comply is extended by the
Council.
19.10
Survival of Warranties. Company’s representations and warranties made as part of the grant of this
Agreement, or any permit issued under this Agreement survive termination or revocation of this Agreement.
19.11
Right of Cancellation. Company acknowledges that this Agreement is subject to cancellation by the City
under A.R.S. § 38-511.
19.12
Covenant Against Contingent Fees. Company warrants that no person has been employed or retained
to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage,
or contingent fee; and that no member of the City Council or any employee of the City has any interest, financially
or otherwise, in this Agreement. For breach or violation of this warranty, the City has the right to annul this
Agreement without liability, or at its discretion to deduct from the Agreement price or consideration, the full amount
of such commission, percentage, brokerage, or contingent fee.
19.13
Independent Contractor. Any provision in this Agreement that may appear to give the City the right to
direct Company or Company the right to direct the City as to the details of accomplishing the work or to exercise a
measure of control over the work means that the party will follow the wishes of the other party as to the results of
the work only.
19.14
Governing Law; Jurisdiction. Arizona law governs this Agreement, both as to interpretation and
performance. Any action at law, suit in equity, or judicial proceeding to enforce this Agreement must be instituted
in Maricopa County, Arizona courts.
19.15
Delivery, Procedure of Notices and Communications. All notices, consent, or other communication
under this Agreement must be in writing and: (i) delivered in person; or (ii) deposited in the United States mail,
postage prepaid, registered, or certified mail, return receipt requested; or (iii) deposited with any commercial air
courier or express service and addressed as follows:
To City:
To Company:
City of Chandler
T-Mobile West, LLC,
P.O. Box 4008, Mail Stop 405
12920 SE 38th St
Chandler, Arizona 85244-4008
Bellevue, WA 98006
Attention: Development Services
Attn: Lease Compliance Site PH60501A
Phone: (480) 782-3000
Site: Pima Park
e-mail: tuf@chandleraz.gov
Phone: (877) 373-0093
Email: propertymanagment@t-mobile.com
With a copy to:
City of Chandler
Office of the City Attorney
P.O. Box 4008, Mail Stop 602
Chandler, Arizona 85224-4008
Notice will be deemed received at the time it is personally served on the second day after its deposit with any
commercial air courier or express service or, if mailed, three (3) calendar days after the notice is deposited in the
United States mail as above provided. Any period stated in a notice will be computed from the time the notice is
deemed received unless noted otherwise. Any party may change its mailing address, phone number, email address
or the person to receive notice by notifying the other party as provided in this Section. Notices sent by electronic
mail must also be sent by regular mail to the recipient at the above address. This requirement for duplicate notice
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is not intended to change the effective date of the notice sent by electronic mail.
19.16 Organization/Employment Disclaimer. This Agreement is not intended to constitute, create, give rise to,
or otherwise recognize a joint venture, agreement, or relationship, partnership, or formal business organization of
any kind, and the rights and obligations of the Parties will be only those expressly set forth in this Agreement.
19.17 Entire Agreement; Amendment; Waivers. This Agreement, and the below listed exhibits which are
incorporated herein by this reference and are attached and/or on file at the City and available for inspection,
constitute the entire agreement between the City and Company with respect to the transactions contemplated
therein and supersede all prior negotiations, communications, discussions, and correspondence, whether written
or oral, concerning the subject matter hereof. No supplement, modification, or amendment of any term of this
Agreement will be deemed binding or effective unless executed in writing by the Parties. No waiver of any of the
provisions of this Agreement will be deemed, or will constitute, a waiver of any other provisions, whether or not
similar, nor will any waiver constitute a continuing waiver. No waiver is binding unless expressly executed in writing
by the Party making the waiver.
Exhibit “A” – Site Drawings
Exhibit “B” – Use Area or Legal Description
Exhibit “C” – Chandler Department Approval Form
Exhibit “D” – Form Letter of Credit
Exhibit “E” – Assumption Wireless Use Agreement
Exhibit “F” – Extension of Wireless Use Agreement
19.18
Right of Parties. Nothing in this Agreement, whether express or implied, is intended to confer any right or
remedies under or by reason of this Agreement on any persons other than the Parties to this Agreement and their
respective successors and permitted assigns, nor is anything in this Agreement intended to relieve or discharge
any obligation or liability of any person who is not a party to this Agreement, nor will any provisions in this Agreement
give any persons not a party to this Agreement any right of subrogation or action over or against any Party to this
Agreement.
19.19
Construction. This Agreement is the result of negotiations between the Parties, none of whom has acted
under any duress or compulsion, whether legal, economic, or otherwise. Accordingly, the terms and provisions of
this Agreement will be construed in accordance with their usual and customary meanings. The Parties hereby
waive the application of any rule of law that otherwise would be applicable in connection with the construction of
this Agreement that ambiguous or conflicting terms or provisions should be construed against the party who (or
whose attorney) prepared the executed Agreement or any earlier draft of the same. Unless the context of this
Agreement otherwise clearly requires, references to the plural include the singular and the singular the plural. The
words "hereof,” "herein," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and
not to any particular provision of this Agreement. All references to "Sections" herein refer to the sections and
paragraphs of this Agreement unless specifically stated otherwise. The section and other headings contained in
this Agreement are inserted for convenience of reference only, and they neither form a part of this Agreement nor
are they to be used in the construction or interpretation of this Agreement.
19.20
Severability. If any covenant, condition, term, or provision of this Agreement is held to be illegal, or if the
application of this Agreement to any person or in any circumstances to any extent be judicially determined to be
invalid or unenforceable, the remainder of this Agreement or the application of such covenant, condition, term, or
provision to persons or in circumstances other than those to which it is held invalid or unenforceable, must not be
affected, and each covenant, term, and condition of this Agreement is valid and enforceable to the fullest extent
permitted by law.
19.21
Cooperation and Further Documentation. Each of the Parties agree to provide the other with such
additional and other duly executed documents as are reasonably requested to fulfill the intent of this Agreement.
19.22
Force Majeure. For the purpose of any of the provisions of this Agreement, neither Company nor the City,
as the case may be, will be considered in breach of or in default of their obligations under this Agreement as a result
of the enforced delay in performance of such obligations due to unforeseeable causes beyond its control and without
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 24 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
its fault or negligence, including, but not limited to: acts of God, acts of the public enemy, acts of the Federal
Government, acts of the Salt River Project, acts of Maricopa County, acts of the State of Arizona or any of its
departments, acts of any railroad, fire, floods, epidemics, strikes, lock outs, freight embargoes, and unusually severe
weather; it being the purpose and intent of this provision that in the occurrence of any such enforced delay, the time
for performance of Company’s and the City’s obligations, as the case may be, will be extended for the period of the
enforced delay, provided that the party seeking the benefit of this provision will have notified the other party in
writing of the cause or causes, and requested an extension for the period of the enforced delay. If notice by the
party claiming such extension is sent to the other party more than 30 days after commencement of the cause, the
period of delay will be deemed to commence 30 days prior to the giving of such notice.
19.23
On-Call Assistance. Company must be available to staff employees of any City department having
jurisdiction over Company’s activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or
complaints resulting from the installation, operation, maintenance, or removal of its Wireless Facilities. City may
contact by telephone the control center operator at telephone number (877) 611-5868 regarding such problems or
complaints. In the event of a public emergency, pursuant to Sections 13.16 and 13.17, the emergency contact can be
reached at (800) 621-2622.
19.24
Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract to any party who
fails, or whose contractors fail, to comply with A.R.S. § 23-214(A) in connection with this Agreement. Therefore, Company
and each contractor it uses warrant their compliance with all federal immigration laws and regulations that relate to their
employees and their compliance with§ 23-214, subsection A in connection with this Agreement. A breach of this warranty
will be deemed a material breach of this Agreement and may be subject to penalties up to and including revocation of
the Agreement. City retains the legal right to inspect the papers of Company’s or contractor’s employees who provide
services under this Agreement to ensure that Company and its contractors comply with this warranty.
19.25
Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding a contract to any
natural person who cannot establish that such person is lawfully present in the United States. To establish lawful
presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification
provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to
business organizations such as corporations, partnerships, or limited liability companies.
19.26
Written Acceptance. Company’s execution of this Agreement constitutes Company’s acceptance of this
Agreement as granted and its agreement to be bound by and to comply with the terms and conditions of this Agreement.
Company’s signature must be acknowledged by Company before a notary public.
19.27 Data Confidentiality and Data Security. As used in this Agreement, data means all information, whether
written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations,
internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar
documents or information prepared by, obtained by, or transmitted to Company as part of the terms and conditions of
this Agreement. Except as specifically provided in this Agreement, Company must not divulge confidential data provided
by City to Company and clearly marked confidential to any third party without the City’s prior written consent. These
prohibitions do not apply to the following data: (i) data which was known to the Company prior to the Effective Date or is
publicly available; or (ii) data which was acquired by the Company in its performance under this Agreement and which
was disclosed to the Company by a third party, who to the best of the Company’s knowledge and belief, had the legal
right to make such disclosure and the Company is not otherwise required to hold such data in confidence; or (iii) data
which is required to be disclosed by virtue of law, regulation, or court order, to which the Company is subject. Company
assumes all liability to maintain the confidentiality of City’s confidential data in Company’s possession. Solely for the
purposes of seeking injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable harm
that justifies injunctive relief in court.
19.28
Authority. Each party represents to the other that the person signing on its behalf has the legal right and
authority to execute, enter into, and bind such party to the commitments and obligations set forth herein.
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 25 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
IN WITNESS WHEREOF, the Parties duly execute and agree to be bound by this Agreement as of the Effective Date.
City of Chandler, an Arizona municipal
corporation
T-Mobile West LLC, a Delaware limited liability
company
By:
By:
MAYOR/AUTHORIZED STAFF
Signature
Print Name:
Title:
APPROVE AS TO FORM:
City Attorney by:
ATTEST:
City Clerk
Name and Title
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
2/7/2025
Sr. Director, Engineering/Operations
Brandon Braunlich
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 26 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
EXHIBIT “A”
SITE DRAWINGS
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
PH60515A
CITY OF CHANDLER -
PIMA PARK
RFDS VER: 1 DATED 10/20/2020 AT 10:42:53 AM
TERRA DYNAMIC ENGINEERING, LLC
34596
ROBERTO
ORLANDO
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TITLE SHEET, VICINITY
MAP & GENERAL
INFORMATION
T-1
SITE #:
SITE NAME:
STATE:
COUNTY:
DESIGN TYPE:
PH60515A
CITY OF CHANDLER-PIMA PARK
PROJECT SUMMARY
PROJECT TEAM
PROJECT DESCRIPTION
CODE COMPLIANCE:
ACCESSIBILITY REQUIREMENTS:
SHEET INDEX
ENGINEERS NOTES:
UTILITY NOTES:
ARIZONA
MARICOPA
NEW SITE BUILD
VICINITY MAP
SITE LOCATION
DRIVING DIRECTIONS
KNOW WHAT'S BELOW
CALL BEFORE YOU DIG
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
12
13
16
17
17
18
X
X
S0° 03' 27"W 2638.22'
N89° 11' 41"E
65.00'
L=277.50, R=700.00
D=22°42'49"
N89° 13' 22"E
1264.90'
N0° 03' 12"E
600.20'
S89° 11' 48"W
512.53'
N0° 03' 12"E
40.00'
L2
N45° 34' 30"W
28.13'
S0° 03' 27"W
540.81'
MCQUEEN
ROAD
THATCHER
ROAD
(E) 8' POWER DISTRIBUTION ESMT.
(E) ELEC. ESMT.
W. 1/4 COR. SEC. 26,
T. 1 S., R. 5 E.
BASEBALL FIELD
BASEBALL FIELD
GRASS FIELD
(E) WATER
TANK
50' ROW
(E) ELEC. ESMT.
(E) 10' COMM. ESMT.
40' ROW
APN: 302-84-157
ZONING: SCHOOL
APN: 302-84-367
ZONING: PARK
APN: 302-84-007
ZONING: PARK
L1
N89° 11' 48"E
618.93'
19 (E) 8' POWER
DISTRIBUTION ESMT.
40.00' ROW
5
5
6
(E) 16' IRRIGATION ESMT.
7
8
(E) 5' UNDERGROUND
POWER ESMT.
9
9
10
(E) 8' POWER
DISTRIBUTION ESMT.
(E) 8' POWER DISTRIBUTION ESMT.
11
N.W. COR. SEC. 26,
T. 1 S., R. 5 E.
(P.O.C.)
RAY ROAD
MONUMENT LINE
BREAKLINE
HANDICAP
ELECTRIC CABINET
BRASS CAP IN HANDHOLE
BACKFLOW PREVENTER
SCHEDULE B HEX
SIGN
ELECTRICAL TRANSFORMER
ELECTRICAL PULL BOX
CHAIN LINK FENCE
PROPERTY LINE
PROPERTY LINE (OTHER)
CENTERLINE
EASEMENT LINE
SPOT ELEVATION
U/G ELECTRIC LINE
U/G FIBER OPTIC LINE
WATER LINE
UGE
UGE
FO
FO
FO
W
W
W
OVERHEAD ELECTRIC LINE
OHE
OHE
POSITION OF GEODETIC COORDINATES
DECIDUOUS TREE
E
EC
ET
ELECTRIC EQUIPMENT
EQ
LIGHT POST
STADIUM LIGHT POLE
2
5280.00 NG
FIBER VAULT
FV
U/G IRRIGATION LINE
IRR
IRRIGATION CONTROL VALVE
ICV
POINT OF BEGINNING
POINT OF COMMENCEMENT
POB
POC
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER EASE
AND MERIDIAN;
EXCEPT THE NORTH 58 FEET 9 INCHES OF THE EAST 995 FEET OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26.
AND BEING THE SAME PROPERTY CONVEYED TO CITY OF CHANDLER, A MUNICIPAL
CORPORATION FROM CARL JARRETT AND LUCILLE M. JARRETT BY WARRANTY DEED
DATED MAY 15, 1963 AND RECORDED MAY 31, 1963 IN DEED BOOK 4598, PAGE 168.
LICENSOR'S LEGAL DESCRIPTION
MAGNETIC
10° 41'
BOUNDARY DETAIL
SCALE: 1" = 100'
1.
ELEVATIONS SHOWN HEREON ARE REPRESENTED IN NORTH
AMERICAN VERTICAL DATUM OF 1988 (NAVD88) ESTABLISHED FROM
GPS DERIVED ELLIPSOID HEIGHTS, APPLYING GEOID 12B SEPARATIONS
CONSTRAINING TO NGS CORS STATIONS PROVIDED IN THE "ONLINE
POSITIONING USER SERVICE" (OPUS) SOLUTION FOR THIS SPECIFIC
SITE.
2.
BEARINGS SHOWED HEREON ARE BASED UPON U.S. STATE PLANE
NAD83 COORDINATE SYSTEM ARIZONA STATE PLANE COORDINATE
ZONE CENTRAL, DETERMINED BY GPS OBSERVATIONS.
3.
FIELD WORK FOR THIS PROJECT WAS PERFORMED ON 09/14/18.
PROJECT META DATA
1.
ALL TITLE INFORMATION IS BASED UPON A COMMITMENT FOR TITLE
INSURANCE PREPARED BY GREAT AMERICAN TITLE AGENCY, ORDER
NO.: 21801903-099-GOH EFFECTIVE DATE: 08/15/2018, AND ORDER NO.:
37783386 EFFECTIVE DATE: 08/26/2022
2.
SURVEYOR HAS NOT PERFORMED A SEARCH OF PUBLIC RECORDS TO
DETERMINE ANY DEFECT IN TITLE.
3.
THE BOUNDARY SHOWN HEREON IS PLOTTED FROM RECORD
INFORMATION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OF
THE PROPERTY.
4.
SURVEYOR DOES NOT GUARANTEE THAT ALL UTILITIES ARE SHOWN OR
THEIR LOCATIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR AND
DEVELOPER TO CONTACT BLUE STAKE AND ANY OTHER INVOLVED
AGENCIES TO LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION.
REMOVAL, RELOCATION AND/ OR REPLACEMENT IS THE RESPONSIBILITY
OF THE CONTRACTOR.
DECLINATION
SURVEYOR NOTES
SHEET NO.
REVISION:
REVISIONS
PROJECT No.
SITE NAME:
SITE ADDRESS:
SHEET TITLE:
FIELD BY:
DRAWN BY:
CHECKED BY:
NO.
DATE
DESCRIPTION
REUSE OF DOCUMENT
THE IDEAS & DESIGN INCORPORATED HEREON, AS AN
INSTRUMENT OF PROFESSIONAL SERVICE, IS THE
PROPERTY OF RLF CONSULTING, LLC & IS NOT TO BE
USED FOR ANY OTHER PROJECT WITHOUT WRITTEN
AUTHORIZATION OF RLF CONSULTING, LLC.
JMM
JTJ
ABM
7
15006020
PH60515A
CHANDLER PIMA PARK
625 N. McQUEEN RD.
CHANDLER AZ, 85225
TOPOGRAPHIC SURVEY
LS-1
SURVEY DETAIL
SHEET LS-2
NORTH
THE PROPOSED USE PREMISES SHOWN HEREON APPEAR TO BE WITHIN FLOOD
ZONE "X" AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY
FIRM MAP NO. 04013C2729M DATED 11/04/15.
FLOOD ZONE "X" IS DEFINED AS: AREAS DETERMINED TO BE OUTSIDE 500-YEAR
FLOODPLAIN; DETERMINED TO BE OUTSIDE THE 1% AND 0.2% ANNUAL CHANCE
FLOODPLAINS.
FLOOD ZONE DESIGNATION
PROJECT AREA
HARRISON ST.
JESSE ST.
McQUEEN RD.
THATCHER RD.
SUPERSTITION BLVD.
SENATE ST.
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44007
RYAN L.
FIDLER
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jsultzbach@com-serv.com
jsultzbach@com-serv.com
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
LENGTH
2598.28
732.31
105.74
25.10
83.95
181.36
34.89
2.50
5.64
5.63
10.65
11.89
16.29
6.17
27.45
102.33
57.95
19.20
35.65
62.26
BEARING
S0° 03' 27"W
S89° 11' 48"W
N0° 42' 50"W
N90° 00' 00"W
N0° 00' 00"E
N88° 46' 03"E
S0° 00' 00"E
S0° 00' 00"E
S89° 21' 30"W
S0° 01' 14"E
S0° 01' 14"E
N89° 41' 21"E
N0° 19' 06"W
S89° 59' 30"W
S89° 41' 21"W
S84° 23' 32"W
S0° 00' 06"W
S45° 00' 00"E
N57° 39' 09"W
N22° 26' 44"W
2
02/27/19
FINAL
3
03/13/19
REVISION
4
03/04/20
REVISION
11.
AN EASEMENT FOR TRANSMISSION LINE AND ALL OTHER MATTERS AS
SET FORTH THEREIN, RECORDED IN DOCKET 6297, PAGE 452 OF
OFFICIAL RECORDS. (BLANKET IN NATURE)
12.
AN EASEMENT FOR COMMUNICATION AND OTHER FACILITIES AND ALL
OTHER MATTERS AS SET FORTH THEREIN, RECORDED IN DOCKET 9437,
PAGE 790 OF OFFICIAL RECORDS. (REFERENCED)
13.
AN EASEMENT FOR OVERHEAD AND UNDERGROUND POWER AND ALL
OTHER MATTERS AS SET FORTH THEREIN, RECORDED IN DOCKET 10439,
PAGE 865 OF OFFICIAL RECORDS. (REFERENCED)
16.
AN EASEMENT FOR RIGHT-OF-WAY AND ALL OTHER MATTERS AS SET
FORTH THEREIN, RECORDED IN 84-314243 OF OFFICIAL RECORDS.
(REFERENCED)
17.
AN EASEMENT FOR POWER DISTRIBUTION AND ALL OTHER MATTERS AS
SET FORTH THEREIN, RECORDED IN 2009-0099876 OF OFFICIAL
RECORDS. (REFERENCED)
18.
ALL MATTERS AS SET FORTH IN SALT RIVER PROJECT LAND USE
LICENSE RECORDED AS 20170516610 AND RE-RECORDED AS
20170520665 OF OFFICIAL RECORDS. (REFERENCED)
19.
AN EASEMENT FOR POWER DISTRIBUTION AND ALL OTHER MATTERS AS
SET FORTH THEREIN, RECORDED IN 20190441572 OF OFFICIAL RECORDS.
(REFERENCED)
SCHEDULE B EXCEPTIONS (ORDER NO. 21801903-099-GOH)
ITEMS 1 THRU 11, 14, 15, 20 AND 21 OF THE CLIENT PROVIDED TITLE
REPORT DO NOT CONTAIN GRAPHICALLY PLOTTABLE EASEMENTS,
SETBACKS, RESTRICTIONS OR OTHER ENCUMBRANCES. THE SURVEYOR
CANNOT GUARANTEE THAT NON-PLOTTABLE ENCUMBRANCES DO NOT
EXIST THAT MAY AFFECT THE SUBJECT LEASED PREMISES.
5
04/07/20
REVISION
6
10/01/20
AMENDED TITLE
5.
EASEMENT IN FAVOR OF THE CITY OF CHANDLER, A MUNICIPAL
CORPORATION SET FORTH IN INSTRUMENT RECORDED ON
JANUARY 5, 1979 IN DEED BOOK 13367, PAGE 418; RE-RECORDED
RECORDED ON MARCH 16, 1979 IN DEED BOOK 13502, PAGE 1104;
RE-RECORDED RECORDED ON MAY 14, 1979 IN DEED BOOK 13630, PAGE
354. (REFERENCED)
6.
IRRIGATION EASEMENT IN FAVOR OF THE SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, A
POLITICAL SUBDIVISION SET FORTH IN INSTRUMENT RECORDED ON
FEBRUARY 16, 1984 IN INSTRUMENT NO. 19840064717. (REFERENCED)
7.
RIGHT-OF-WAY EASEMENT IN FAVOR OF THE MOUNTAIN STATES
TELEPHONE AND TELEGRAPH COMPANY, A COLORADO
CORPORATION SET FORTH IN INSTRUMENT RECORDED ON JULY 19, 1984
IN INSTRUMENT NO. 19840314243. (REFERENCED)
8.
UNDERGROUND POWER EASEMENT IN FAVOR OF SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, A POLITICAL
SUBDIVISION SET FORTH IN INSTRUMENT RECORDED ON AUGUST 6, 1993
IN INSTRUMENT NO. 93-0522672. (REFERENCED)
9.
POWER DISTRIBUTION EASEMENT IN FAVOR OF SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT SET
FORTH IN INSTRUMENT RECORDED ON FEBRUARY 5, 2009 IN INSTRUMENT
NO. 20090099876. (REFERENCED)
10. POWER DISTRIBUTION EASEMENT IN FAVOR OF SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT SET FORTH IN
INSTRUMENT RECORDED ON JUNE 13, 2019 IN INSTRUMENT NO.
20190441572. (REFERENCED)
11. POWER DISTRIBUTION EASEMENT IN FAVOR OF SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT SET FORTH IN
INSTRUMENT RECORDED ON DECEMBER 4, 2020 IN INSTRUMENT NO.
20201196438. (REFERENCED)
ITEMS 1-4 OF THE CLIENT PROVIDED TITLE REPORT DO NOT CONTAIN
GRAPHICALLY PLOTTABLE EASEMENTS, SETBACKS, RESTRICTIONS OR OTHER
ENCUMBRANCES. THE SURVEYOR CANNOT GUARANTEE THAT
NON-PLOTTABLE ENCUMBRANCES DO NOT EXIST THAT MAY AFFECT THE
SUBJECT LEASED PREMISES.
SCHEDULE B EXCEPTIONS (ORDER NO. 37783386)
7
10/05/22
NEW TITLE
8
11/07/22
FINAL
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
EXISTING 62.8' LIGHT POLE-SEE DETAIL
CENTER OF GEODETIC COORDINATES
LAT.= 33° 18' 51.136" NORTH
33.314204 NORTH
LON.= 111° 49' 18.602" WEST
111.821834 WEST
ELEV. @ GROUND =1225.7
E
EC
ICV
ICV
ICV
E
EQ
UGE
UGE
UGE
UGE
UGE
UGE
ET
EC
1226
1226
1226
1227
1226
1227
1226
1227
1227
1226
1226
1226
1226
1226
1226
1226
1254.5 TANK
1235.4 BLDG
1225.7 NG
1226.1 CS
1225.5 NG
1234.2 CLF
1234.0 CLF
1231.0 CLF
1225.5 NG
1225.8 NG
1226.0 NG
1225.8 NG
1226.1 CS
1227.0 SW
1227.0 SW
1227.1 SW
1226.8 EP
1226.6 EP
1226.9 EP
1236.3 TREE
1241.9 TREE
1238.6 TREE
1238.9 TREE
1238.3 TREE
1235.7 TREE
1253.0 TREE
1246.8 TREE
1249.6 TREE
1253.3 TREE
1226.1 CS
EQ
(E) 8' POWER
DISTRIBUTION ESMT.
(E) SHED
(E) WATER TANK
(E) SHED
BASEBALL FIELD
(E) CHAIN LINK FENCE
(E) CMU WALL
NATURAL
GRADE
NATURAL
GRADE
NATURAL
GRADE
NATURAL
GRADE
NATURAL
GRADE
NATURAL
GRADE
NATURAL
GRADE
PAVED PARKING
LOT
1234.0 CMU
1236.3 CMU
1235.4 CMU
1235.6 CMU
1235.4 CMU
1226.6 NG
1225.9 NG
ICV
ICV
ICV
UGE
UGE
UGE
IRR
IRR
IRR
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
P.O.B. (P) LICENSEE USE AREA
P.O.B. (P) LICENSEE UTILITY LICENSE AREA 1
P.O.B. (P) LICENSEE UTILITY LICENSE
AREA 2
P.O.B. (P) LICENSEE ACCESS/UTILITY LICENSE
AREA
1226.0 NG
19
19
(E) 8' POWER
DISTRIBUTION ESMT.
9
17
10
(E) 8' POWER
DISTRIBUTION ESMT.
10
MONUMENT LINE
BREAKLINE
HANDICAP
ELECTRIC CABINET
BRASS CAP IN HANDHOLE
BACKFLOW PREVENTER
SCHEDULE B HEX
SIGN
ELECTRICAL TRANSFORMER
ELECTRICAL PULL BOX
CHAIN LINK FENCE
PROPERTY LINE
PROPERTY LINE (OTHER)
CENTERLINE
EASEMENT LINE
SPOT ELEVATION
U/G ELECTRIC LINE
U/G FIBER OPTIC LINE
WATER LINE
UGE
UGE
FO
FO
FO
W
W
W
OVERHEAD ELECTRIC LINE
OHE
OHE
POSITION OF GEODETIC COORDINATES
DECIDUOUS TREE
E
EC
ET
ELECTRIC EQUIPMENT
EQ
LIGHT POST
STADIUM LIGHT POLE
2
5280.00 NG
FIBER VAULT
FV
U/G IRRIGATION LINE
IRR
IRRIGATION CONTROL VALVE
ICV
POINT OF BEGINNING
POINT OF COMMENCEMENT
POB
POC
SHEET NO.
REVISION:
REVISIONS
PROJECT No.
SITE NAME:
SITE ADDRESS:
SHEET TITLE:
FIELD BY:
DRAWN BY:
CHECKED BY:
NO.
DATE
DESCRIPTION
REUSE OF DOCUMENT
THE IDEAS & DESIGN INCORPORATED HEREON, AS AN
INSTRUMENT OF PROFESSIONAL SERVICE, IS THE
PROPERTY OF RLF CONSULTING, LLC & IS NOT TO BE
USED FOR ANY OTHER PROJECT WITHOUT WRITTEN
AUTHORIZATION OF RLF CONSULTING, LLC.
JMM
JTJ
ABM
7
15006020
PH60515A
CHANDLER PIMA PARK
625 N. McQUEEN RD.
CHANDLER AZ, 85225
TOPOGRAPHIC SURVEY
LS-2
MAGNETIC
10° 41'
DECLINATION
NORTH
EXISTING LIGHT POLE DETAIL
SCALE: N.T.S.
ARM = 1288.0' AMSL (62.3' AGL)
T.O. POLE = 1288.5' AMSL (62.8' AGL)
GRADE = 1225.7' AMSL (0.0' AGL)
T.O. ELEC. EQUIP = 1245.8' AMSL (20.1' AGL)
B.O. ELEC. EQUIP = 1239.5' AMSL (13.8' AGL)
ARM = 1285.5' AMSL (59.8' AGL)
A 12.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 1
SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26;THENCE SOUTH
00°03'27" WEST, 2598.28 FEET; THENCE NORTH 89°11'48" EAST, 618.93 FEET TO THE
POINT OF BEGINNING.
THENCE NORTH 00°42'50" WEST, 105.74 FEET; THENCE NORTH 90°00'00" WEST, 25.10
FEET; THENCE NORTH 00°00'00" EAST, 83.95 FEET; THENCE NORTH 88°46'03" EAST,
181.36 FEET; THENCE SOUTH 00°00'00" EAST, 34.89 FEET; THENCE SOUTH 00°00'00"
EAST, 2.50 FEET TO THE POINT OF TERMINUS.
LICENSEE ACCESS/UTILITY LICENSE AREA LEGAL DESCRIPTION
A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26;THENCE SOUTH
00°03'27" WEST, 2598.28 FEET; THENCE NORTH 89°11'48" EAST, 618.93 FEET; THENCE
NORTH 00°42'50" WEST, 105.74 FEET; THENCE NORTH 90°00'00" WEST, 25.10 FEET;
THENCE NORTH 00°00'00" EAST, 83.95 FEET; THENCE NORTH 88°46'03" EAST, 181.36
FEET; THENCE SOUTH 00°00'00" EAST, 34.89 FEET; THENCE SOUTH 00°00'00" EAST,
2.50 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°21'30" WEST, 5.64 FEET; THENCE SOUTH 00°01'14" EAST, 5.63
FEET; THENCE SOUTH 00°01'14" EAST, 10.65 FEET; THENCE NORTH 89°41'21" EAST,
11.89 FEET; THENCE NORTH 00°19'06" WEST, 16.29 FEET; THENCE SOUTH 89°59'30"
WEST, 6.17 FEET THE POINT OF BEGINNING.
LICENSEE USE AREA LEGAL DESCRIPTION
A 5.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 1
SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26;THENCE SOUTH
00°03'27" WEST, 2598.28 FEET; THENCE NORTH 89°11'48" EAST, 618.93 FEET; THENCE
NORTH 00°42'50" WEST, 105.74 FEET; THENCE NORTH 90°00'00" WEST, 25.10 FEET;
THENCE NORTH 00°00'00" EAST, 83.95 FEET; THENCE NORTH 88°46'03" EAST, 181.36
FEET; THENCE SOUTH 00°00'00" EAST, 34.89 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°41'21" WEST, 27.45 FEET; THENCE SOUTH 84°23'32" WEST, 102.33
FEET; THENCE SOUTH 00°00'06" WEST, 57.95 FEET; THENCE SOUTH 45°00'00" EAST,
19.20 FEET TO THE POINT OF TERMINUS.
LICENSEE UTILITY LICENSE AREA 1 LEGAL DESCRIPTION
A 5.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 1
SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26;THENCE SOUTH
00°03'27" WEST, 2598.28 FEET; THENCE NORTH 89°11'48" EAST, 618.93 FEET; THENCE
NORTH 00°42'50" WEST, 105.74 FEET; THENCE NORTH 90°00'00" WEST, 25.10 FEET;
THENCE NORTH 00°00'00" EAST, 83.95 FEET; THENCE NORTH 88°46'03" EAST, 181.36
FEET; THENCE SOUTH 00°00'00" EAST, 34.89 FEET; THENCE SOUTH 00°00'00" EAST,
2.50 FEET; THENCE SOUTH 89°21'30" WEST, 5.64 FEET; THENCE SOUTH 00°01'14"
EAST, 5.63 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 57°39'09" WEST, 35.65 FEET; THENCE NORTH 22°26'44" WEST, 62.26
FEET TO THE POINT OF TERMINUS.
LICENSEE UTILITY LICENSE AREA 2 LEGAL DESCRIPTION
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
LENGTH
2598.28
732.31
105.74
25.10
83.95
181.36
34.89
2.50
5.64
5.63
10.65
11.89
16.29
6.17
27.45
102.33
57.95
19.20
35.65
62.26
BEARING
S0° 03' 27"W
S89° 11' 48"W
N0° 42' 50"W
N90° 00' 00"W
N0° 00' 00"E
N88° 46' 03"E
S0° 00' 00"E
S0° 00' 00"E
S89° 21' 30"W
S0° 01' 14"E
S0° 01' 14"E
N89° 41' 21"E
N0° 19' 06"W
S89° 59' 30"W
S89° 41' 21"W
S84° 23' 32"W
S0° 00' 06"W
S45° 00' 00"E
N57° 39' 09"W
N22° 26' 44"W
2
02/27/19
FINAL
3
03/13/19
REVISION
4
03/04/20
REVISION
5
04/07/20
REVISION
6
10/01/20
AMENDED TITLE
7
10/05/22
NEW TITLE
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RYAN L.
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jsultzbach@com-serv.com
jsultzbach@com-serv.com
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11/07/22
FINAL
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
PH60515A
CITY OF CHANDLER -
PIMA PARK
RFDS VER: 1 DATED 10/20/2020 AT 10:42:53 AM
TERRA DYNAMIC ENGINEERING, LLC
34596
ROBERTO
ORLANDO
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WORKING CLEARANCE
WORKING CLEARANCE
WORKING CLEARANCE
IRR
IRR
OVERALL SITE PLAN
C-1
OVERALL SITE PLAN
1
APN: 302-84-007
ZONING: PARK
EXISTING
BASEBALL
FIELD
THATCHER RD.
MCQUEEN RD.
EXISTING
BASEBALL
FIELD
EXISTING
SOCCER
FIELD
EXISTING
WATER TANK
ZONING: PAD
APN: 302-84-367
ZONING: PARK
NOTE:
VERIFY ALL PRIVATE AND
PUBLIC UTILITIES PRIOR
TO CONSTRUCTION
KNOW WHAT'S BELOW
CALL BEFORE YOU DIG
N
SCALE:
1" = 90'
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
PH60515A
CITY OF CHANDLER -
PIMA PARK
RFDS VER: 1 DATED 10/20/2020 AT 10:42:53 AM
TERRA DYNAMIC ENGINEERING, LLC
34596
ROBERTO
ORLANDO
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WORKING CLEARANCE
WORKING CLEARANCE
WORKING CLEARANCE
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
IRR
SITE PLAN
C-2
SITE PLAN
1
SCALE:
3/16" = 1'-0"
KNOW WHAT'S BELOW
CALL BEFORE YOU DIG
NOTE:
VERIFY ALL PRIVATE AND
PUBLIC UTILITIES PRIOR
TO CONSTRUCTION
N
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
PH60515A
CITY OF CHANDLER -
PIMA PARK
RFDS VER: 1 DATED 10/20/2020 AT 10:42:53 AM
TERRA DYNAMIC ENGINEERING, LLC
34596
ROBERTO
ORLANDO
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WORKING CLEARANCE
WORKING CLEARANCE
WORKING CLEARANCE
WORKING CLEARANCE
WORKING CLEARANCE
WORKING CLEARANCE
ENLARGED SITE,
ANTENNA AND
DIMENSION PLAN
C-3
4
SCALE:
N.T.S.
ENLARGED DIMENSION PLAN
1
SCALE:
3/8" = 1'-0"
SHROUD DETAIL
2
SCALE:
1/2" = 1'-0"
ENLARGED SITE PLAN
3
SCALE:
1/2" = 1'-0"
ENLARGED ANTENNA PLAN
120°
AZIMUTH
240°
AZIMUTH
0°
AZIMUTH
3
SCALE:
1/2" = 1'-0"
Mount Perspective View
NOTE:
VERIFY ALL PRIVATE AND
PUBLIC UTILITIES
NOTE:
VERIFY ALL PRIVATE AND
PUBLIC UTILITIES
NOTE:
VERIFY ALL PRIVATE AND
PUBLIC UTILITIES PRIOR
TO CONSTRUCTION
PAD = 1226.33
SLAB = 1227.00
PAD = 1226.33
N
N
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SLAB = 1227.00
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
PH60515A
CITY OF CHANDLER -
PIMA PARK
RFDS VER: 1 DATED 10/20/2020 AT 10:42:53 AM
TERRA DYNAMIC ENGINEERING, LLC
34596
ROBERTO
ORLANDO
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ELEVATION
C-4
1
WEST ELEVATION
SCALE:
3/16" = 1'-0"
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 27 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
EXHIBIT “B”
USE AREA OR LEGAL DESCRIPTION
(If not already included as part of Exhibit A)
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 28 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
EXHIBIT “C”
CHANDLER DEPARTMENT APPROVAL FORM FOR WIRELESS COMMUNICATION FACITLITES
ON PUBLIC PROPERTY
Wireless Company _____________ T-MOBILE WEST LLC
Company Contact __________________________________________________________________________
Location of Site ___________________________________________________________________________
Attach specifications of facilities and their location to this form.
I. Department Where Site is to be Located
I hereby agree that to the best of our Department’s knowledge with the information provided by the Company, that
the wireless infrastructure proposed by the above Company at the noted location is acceptable to be located at our
Department’s facility/location.
I deny our Department’s approval for location at this site. Reason:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
___________________________________________________________________________________
_______________________________________________
________________
Department Authorized Representative Signature and Title Date
II. Development Services Department
I hereby agree that to the best of our Department’s knowledge with the information provided, the wireless
infrastructure proposed by the above Company at the noted location meets the City Code zoning requirements for
wireless facilities. I have also informed the Company of the procedures to obtain zoning permit approval.
I deny our Department’s approval for location at this site. Reason:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________
_______________________________________________
_______________
Planning/Zoning Authorized Representative Signature and Title Date
____________________________________________________
_______________
Real Estate Coordinator Authorized Representative Signature and Title Date
CHANDLER DEPARTMENT CLEARANCE FOR WIRELESS COMMUNICATION FACILITIES –page 2
III. Public Safety Departments
Information provided by the Company indicates that all wireless communications equipment it will operate within the City
follows the FCC's radio frequency emission regulations and will not interfere with the City’s emergency communication
Wireless Facilities. If an interference or frequency study was deemed to be necessary in the City’s opinion, then it has
been performed. If at some time it is determined that there is interference resulting from any such equipment, then the
Company knows its use agreement will require it to remedy such interference, and that such interference could be
deemed a material breach by the party causing the interference.
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 29 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
Police Department:
I hereby agree that to the best of our Department’s knowledge with the information provided, the wireless
infrastructure proposed by the above Company at the noted location will not pose an interference issue for the
Department’s emergency communication Wireless Facilities.
I deny our Department’s approval for location at this site. Reason:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
_________________________________________________________________________________
______________________________________________________
_______________
Police Department Authorized Representative Signature and Title Date
Fire Department:
I hereby agree that to the best of our Department’s knowledge with the information provided, the wireless
infrastructure proposed by the above Company at the noted location will not pose an interference issue for the
Department’s emergency communication Wireless Facilities.
I deny our Department’s approval for location at this site. Reason:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________
______________________________________________________
_______________
Fire Department Authorized Representative Signature and Title Date
Current as of June 2022
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 30 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
INSTRUCTIONS: DEPARTMENT APPROVAL FORM FOR WIRELESS COMMUNICATION FACILITIES
LOCATED ON CITY-OWNED REAL PROPERTY OR IN RIGHT-OF-WAY
Section I. Department Where Site is to be Located: Requires signature of director or director’s designee of the
Department whose manages the facility or public land/right-of-way where the wireless facility/structure will be
located. If the wireless facilities will be in the following areas, the corresponding signature is required.
City Property
Department Contact
Community Services/Parks
Mickey Ohland, Park Development and Operation Manager
480-782-2743, mickey.ohland@chandleraz.gov
175 S. Arizona Ave., 4th Floor
Fire Station
Keith Hargis, Assistant Fire Chief
480-782-2161, keith.hargis@chandleraz.gov
151 E. Boston St.
Water/Wastewater Treatment Facility
John Knudson, Public Works Director
480-782-3590, john.knudson@chandleraz.gov
1475 E Pecos Rd.
Public Right-of-Way
Dennis Aust, Telecommunications & Public Utility Service Manager
480-782-3315, dennis.aust@chandleraz.gov
215 E. Buffalo St.
Police Department
Zachary Cummard, Police Commander
480-782-4153, zachary.cummard@chandleraz.gov
250 E Chicago St.
The Company and the Department must agree to the location on the property where the facilities will not disrupt
City operations. This may require an on-site tour to determine an acceptable location. Some general discussions
of aesthetics/screening should also take place, as well as if there are any benefits the Department might receive
such as collocation opportunities. Once a site has been agreed upon, then proceed to get signature for Section II.
Fees for use for that site will be determined through the Use Agreement process once all signatures for the
“Chandler Department Approvals for Wireless Communication Facilities” form have been received and submitted
to the City at Development Services Dept., 215 E. Buffalo St., Chandler, AZ 85225, (480) 782-3315.
Section II. Development Services: Company should be familiar with Chandler City Code Chapter 35, XXII,
Section 35-2209 regarding requirements for Wireless Communications Facilities and show that their plans are in
accordance with City Code.
Planning/Zoning Contact: Development Services Department, 215 E. Buffalo St., One-Stop Shop Front Counter, 480-782-
3000 or Susan Fiala, City Planner, Planning Division, (480) 782-3067, Susan.Fiala@chandleraz.gov
Real Estate Contact: Erich Kuntze, Real Estate Coordinator, (480) 782-3397, erich.kuntze@chandleraz.gov
Section III. Police/Fire Departments: Company’s technical staff should confer with the City’s public safety
communication staff to assure that all wireless communications equipment it will operate within the City is in compliance
with the FCC's radio frequency emission regulations and that the frequencies used will not interfere with the City’s
emergency communication Wireless Facilities for either the Police or Fire Departments. There will be more detail
language for the Company to agree regarding interference issues when applying for the Public Property Use Agreement.
Contact (both Fire & Police Clearance is Required):
Fire Department
Police Department, Communications Division
Fire Department Assistant Chief
Police Commander
Keith Hargis, keith.hargis@chandleraz.gov
Zachary Cummard, zachary.cummard@chandleraz.gov
151 E. Boston St., 480-782-2161
250 E. Boston St., 480-782-4153
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 31 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
EXHIBIT “D”
STANDARDS FOR LETTERS OF CREDIT
In addition to any other requirements imposed upon a letter of credit (the “Letter of Credit”) issued pursuant to this
Agreement, the Letter of Credit shall meet and be governed by the following additional standards and requirements:
1.
Letter of Credit Requirements. The Letter of Credit shall be printed on Bank Safety Paper. The following
terms and no others shall be stated on the face of the Letter of Credit:
1.1 The Letter of Credit is clean, unconditional, irrevocable, independent, and standby.
1.2 The Letter of Credit is payable to City upon presentation of City’s draft.
1.3 City may make partial draws upon the Letter of Credit.
1.4 The Letter of Credit is for payment solely upon presentation of a sight draft and a copy of the Letter of
Credit.
1.5 Within ten (10) days after City’s draft on the Letter of Credit is honored, City must make the original of
the Letter of Credit available to the issuer in Maricopa County, Arizona upon which the issuer may
endorse its payments.
1.6 The issuer specifies a telefax number, email address, and street address at which City may present
drafts on the Letter of Credit.
1.7 The Letter of Credit is valid until a specified date.
1.8 The Letter of Credit will be automatically renewed for successive one (1) year periods, unless at least
30 days prior to expiration the issuer notifies City in writing, by either registered or certified mail, that
issuer elects not to renew the
Letter of Credit for the additional period. In the event of such
notification, any
then unused portion of the Letter of Credit shall be available by draft on or before
the then current expiration date.
1.9 The Letter of Credit is otherwise subject to the most recent edition of the Uniform Customs and
Practices for Documentary Credits, published by the International Chamber of Commerce including,
but not limited to, International Standby Practices 1998 (ISP98) (International Chamber of Commerce
Publication No. 590; ISP98 Model Government Standby (U.S.) Form 11.1 and annexes (2017)).
1.10
The Letter of Credit need not be transferable.
2.
Approved Forms. The form of the Letter of Credit and of drafts upon the Letter of Credit shall be as
follows:
2.1 Except as approved in writing by City’s Development Services Department, the form of the Letter of
Credit shall be in the form set out below.
2.2 Except as approved in writing by City’s Development Services Department, the form of drafts upon the
Letter of Credit shall be in the form set out below.
3.
Issuer Requirements. The issuer of the Letter of Credit shall meet all of the following
requirements:
3.1 The issuer shall be a federally insured financial institution with offices in Maricopa County, Arizona, at
which drafts upon the Letter of Credit may be presented.
3.2 The issuer shall be a member of the New York Clearing House Association or a commercial bank or
trust Company satisfactory to City.
3.3 The issuer shall have a net worth of not less than $1 billion.
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 32 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
FORM OF LETTER OF CREDIT
(ISP98 Model Government Standby (U.S.) Form 11.1)
Date ____________________, 20__
Letter of Credit No.:______________
Development Services Department
City of Chandler
P.O. Box 4008
Mail Stop 405
Chandler, AZ 85244-4008
Dear Sir or Madam:
Issuance. At the request and for the account of [name and address of applicant] (“Applicant”), we [name and address
of issuer at place of issuance] (“Issuer”) issue the irrevocable independent standby letter of credit number [reference
number] (“Standby”) in favor of [name and address of beneficiary] (“Beneficiary”) in the maximum aggregate amount
of USD [amount].
Undertaking. Issuer undertakes to Beneficiary to pay Beneficiary’s demand for payment for an amount available
under the Standby and in the form of Annex A (Payment Demand) [or Annex B (Payment Demand after Notice of
Non-Extension)] completed as indicated and presented to Issuer at the following place for presentation: in Maricopa
County, Arizona at or before the close of business on the expiration date.
Overdrawing. If a demand exceeds the amount available, but the presentation otherwise complies, Issuer
undertakes to pay the amount available.
Expiration. The expiration date of this Standby is valid until ____________ 20__.
Automatic Extension. The expiration date of this Standby shall be automatically extended for successive one-year
periods, unless [30] or more calendar days before the then current expiration date Issuer gives written notice to
Beneficiary that Issuer elects not to extend the expiration date. Issuer’s written notice must be sent by registered,
certified, or priority express mail or nationally recognized overnight courier to Beneficiary’s above-stated address
[and to the attention of [office, officer, or other attention party] or, alternatively, be received by Beneficiary’s attention
party] [30] or more calendar days before the then current expiration date.
Payment. Payment against a complying presentation shall be made within three business days after presentation
at the place for presentation or by wire transfer to a duly requested account of Beneficiary.
ISP98. This Standby is issued subject to the International Standby Practices 1998 (ISP98) (International Chamber
of Commerce Publication No. 590). This Letter of Credit is not assignable.
Issuer’s Charges and Fees. Issuer’s charges and fees for issuing, amending, or honoring this Standby are for
Applicant’s account and shall not be deducted from any payment Issuer makes under this Standby. [Issuer
undertakes to Beneficiary to pay the charges and fees of any bank nominated in this Standby to advise [and confirm]
this Standby for acting on such nomination.]
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 33 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
[Communications. Communications other than demands may be made to Issuer in the manner and at the place for
presentation and also as follows: [address for mailed, couriered, telephone, telefax, or electronic
communications]. Communications other than for notices of non-extension may be made to Beneficiary at
Beneficiary’s above-stated address and also as follows: addresses for mailed, couriered, telephone, telefax, or
electronic communications].]
[Issuer’s name]
[signature]
______________________________
Authorized Signature
_____________ [bank name] _____, a __________________
By ___________ [bank officer’s signature] ______________
___________ [bank officer’s name printed] _____________
Its __________ [bank officer’s title] ___________________
Phone: ___ [bank officer’s phone number] ______________
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 34 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
ANNEX A: PAYMENT DEMAND
(ISP98 Model Government Standby (U.S.) Form 11.1
To:
[Issuer name and address]
From:
Development Services Department
City of Chandler
P.O. Box 4008
Mail Stop 405
Chandler, AZ 85244-4008
Date: ___________________, 20_____
Re: Standby Letter of Credit No. [reference number], dated [date], issued by [issuers name] (“Standby”).
Ladies and Gentlemen:
The undersigned beneficiary demands payment of USD [insert amount] under the Standby. Beneficiary states that
Applicant is obligated to pay to Beneficiary the amount demanded as provided in [the contract, regulation, or other
document that identifies the underlying obligations to the government beneficiary]. Beneficiary requests that
payment be made by wire transfer to an account of Beneficiary as follows: [Insert name, address, and routing
number of beneficiary’s bank, and name and number of beneficiary’s account].
[Beneficiary’s name and address]
By its authorized officer:
[Insert original signature]
[Insert typed/printed name and title]
If such deposit cannot be accomplished immediately for any reason, please make your payment in the form of a
cashier’s check issued by your institution and delivered to me at the address listed above.
I certify that I am the Development Services Director of the City of Chandler.
If there is any imperfection or defect in this draft or its presentation, please inform me immediately at (480) 782-
3410 so that I can correct it. Also, please immediately notify the City Attorney at (480) 782-4656.
Thank you.
_____________________________________________
City of Chandler, Development Services Director
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
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Macro Cell Agreement Form March 2019
Page 35 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
EXHIBIT “E”
ASSUMPTION OF WIRELESS USE AGREEMENT
Regarding ______________________________
This assumption is made pursuant to paragraph 12.1.5 of that certain Wireless Use Agreement (the “Agreement”)
between City of Chandler, an Arizona municipal corporation (“CITY”) and __________________________, a
_________________________ (“Company”) dated ________________, 20____.
__________________________, a __________________________ (“Assignee”), having acquired the rights of the
Company under the Agreement, hereby assumes the Agreement, agrees to be bound thereby, and obligates itself
to perform the terms and conditions of the Agreement, all in favor of CITY. The person signing this document on
behalf of Assignee warrants to CITY his authority to do so.
Dated: ______________________, 20_______
ASSIGNEE: _________________________________,
a _______________________________
By:
Its:
STATE OF _________________
)
) ss.
COUNTY OF _______________
)
The foregoing instrument was acknowledged before me this ____ day of ______________, 20__, by
___________, _____________ of _____________, a _______________.
Notary Public
My Commission Expires:
_____________________________
Date
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A
T- Mobile Pima Park Site
Macro Cell Agreement Form March 2019
Page 36 of 36
Revised Final Pima Park Site Version 9 Dated 1-6-25
EXHIBIT “F”
EXTENSION OF WIRELESS USE AGREEMENT
Regarding:
This extension is made pursuant to paragraph 5.1 of that certain Wireless Use Agreement (the “Agreement”)
between City of Chandler, an Arizona municipal corporation (“CITY”) and __________________________, a
_________________________ (“Company”) dated ________________, 20____.
COMPANY: _________________________________,
a _______________________________
By: _____________________________
Its: _____________________________
CITY OF CHANDLER
a municipal corporation
By: ____________________________________
Its: Development Services Director or Designee
APRROVE AS TO FORM:
___________________________
City Attorney
TMO Signatory Level: L04/L05
NLG-98354
Docusign Envelope ID: 6BA6C242-65FF-4863-A658-476EFB681A2A