The URL can be used to link to this page

Home My WebLink AboutRes 2009-42 • 10-1 0 . 1D' O� RESOLUTION NO.2009-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, GRANTING AN EASEMENT TO CRICKET COMMUNICATIONS, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That a telecommunications easement is hereby granted to Cricket Communications, Inc. through, over, upon, in, across and along a parcel of certain real property, generally located along Desert Vista Drive, south of Tioga Drive, in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney arc hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, December 17, 2009. FOR THE TOWN OF FOUNTAIN HILLS: • ATTESTED TO: Allr /6/0teif JAI .. Schlum, Mayor Bevelyn J. Bend , T n Clerk REVIEWED BY: APPROVED AS TO FORM: fp\0441.14., Richard L. Davis,Town Manager AnUICW J. McGuire, Town Attorney 11473401 \� pc\ \�� EXHIBIT A TO RESOLUTION NO.2009-42 [Telecommunications Easement Agreement] See following pages. 1147340.1 (ibi,, When Recorded Mail To: Town Clerk Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 TELECOMMUNICATIONS EASEMENT AGREEMENT GRANTOR: The Town of Fountain Hills, an Arizona municipal corporation GRANTEE: Cricket Communications, Inc., a Delaware corporation THIS EASEMENT IS EXEMPT FROM RECORDING FEE AND AFFIDAVIT OF VALUE PURSUANT TO A.R.S. § 11-1134(A)(2). THIS TELECOMMUNICATIONS EASEMENT AGREEMENT (this "Agreement") is entered into December 17, 2009, by and between the Grantor and Grantee for the purposes set forth below. RECITALS A. The Grantor is the record owner of certain real property at the location described and depicted on Exhibit A, attached hereto and incorporated herein by this reference (the rr "Easement Area"). B. The Grantor and the Grantee desire to enter into this Agreement for Grantor to grant to the Grantee a non-exclusive, continuous and perpetual easement (the "Easement") over, upon, in, across and along the Easement Area, together with the necessary right of access, ingress and egress over the Easement Area, to install, construct, repair, reconstruct, operate, inspect, maintain, use and remove telecommunications equipment to provide telecommunication services to the Grantee's cell tower facility (the "Facilities") as more particularly described herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference and the mutual covenants set forth below, the Grantor does hereby grant to Grantee, its successors and assigns, this Easement over, upon, in, across and along the Easement Area on the following terms and conditions: 1. Grant of Easement. The Grantor hereby grants and conveys to Grantee a telecommunications easement to install, construct, repair, reconstruct, operate, inspect, maintain, use and remove the Facilities within such Easement. L 1)1'I 390 1 147535.2 2. Purpose. The purpose of the Easement hereby conveyed is for the installation, construction, repair, reconstruction, operation, inspection, maintain, use and remove the Facilities. 3. Maintenance and Use of the Easement. Grantee shall not maintain the Easement Area in a manner that impairs the ability or capacity of the Grantor to fully utilize the Easement. 4. No Assignment. Except as provided for herein, Grantee may not assign its interest in this Agreement or sublease any portion of the Easement at any time without the prior written consent of Town, which may be withheld in Town's sole and absolute discretion. Any attempted assignment or sublease by Grantee in violation of this provision shall be a breach of this Agreement by Grantee. Notwithstanding the foregoing, this Agreement may be sold, assigned or transferred by the Grantee without any approval or consent of the Town to the Grantee's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Grantee's assets in the market defined by the Federal Communications Commission in which the Easement Area is located by reason of a merger, acquisition or other business reorganization. No change of stock ownership, partnership interest or control of Grantee or transfer upon partnership or corporate dissolution of Grantee shall constitute an assignment hereunder. No assignment shall be deemed to release Grantee from its obligations hereunder. 5. Liens and Encumbrances. The Grantee represents and warrants that it will maintain the Easement Area free and clear from any liens or encumbrances of any nature whatsoever in connection with Grantee's Facilities on the Easement Area or the use by Grantee of the Easement Area. 6. Indemnification. Grantee shall, to the extent permitted by law, indemnify and hold Grantor harmless from any and all damages, costs, expenses, attorney fees, claims or liabilities arising from or relating to the use of the Easement Area by the Grantee, its successors in interest, assigns, agents, employees, visitors or invitees. 7. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the assigns and successors of the parties hereto. 8. Attorney's Fees. Either party may enforce this instrument by appropriate legal action and the prevailing party in such litigation may recover as part of its costs in such action reasonable attorneys fees and court costs. 9. Additional Easements. Nothing contained in this Agreement shall prohibit Grantor from conveying additional easements for access, utility or other purposes through, over, under, in, across and along the Easement Area to owners of properties which abut the Easement Area or to government or quasi-governmental agencies, provided, however, that no such additional rights or easements shall impair the use of the Easement herein granted. 1 147535.2 2 ,, 10. Entire Agreement. This instrument contains the entire agreement between the parties relating to the use of the Easement Area for telecommunications purposes. Any oral representations or modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the parties. 11. Cancellation by Grantor. This Agreement may be cancelled by the Grantor pursuant to ARIz.REV.STAT. §38-511. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. "Grantor" "Grantee" TOWN OF FOUNTAIN HILLS, CRICKET COMMUNICATIONS, INC., an Arizona municipal corporation a Delaware corporation By. By: ay . Schlum, Mayor ATTEST: Name: 4,vtaci k p, Title: i? (pn )irtdvc- O Bevelyn J. nd , own Clerk L I 1475352 3 • •(ACKNOWLEDGMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on �� '�I Q!/y�� .Z , 2009, by Jay T. Schlum, the Mayor of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. atatiALL) n n a FICIAL SEAL" Public in and for e State of Arizona -" r A 'ter Lynn Ware j '8mmission EkpffcAnCbuzona• ty Expires6111/2010 'Y, ` fô `o 4:4011t.? Ware \�" \. \rizona STATE OF Ni"l2 Y� ) 3r f2010 ' ) ss. COUNTY OF ►ARUM t Lp. ) This instrument was acknowledged before me on �e CQ (-Ylbt(' 1 , 2009, by Rc rC i 0►S-erg , the Sly J�a)4a� 4 t1V- orlC ♦i�iViC�' of CRICKET COMMUNICATIONS, INC., a Delaware corporation, on behalf of such corporation. Notary Public in and for the State of Ari2o1i • Notary Public in and for the State of Arizona My Commission Expires: 01 (IC /?oil ,. Notary Public State of Arizona Maricopa County tik4 Todd Michael Buckingham My Commission Expires 02/15(2Q1 1147535.2 4 • EXHIBIT A TO TELECOMMUNICATIONS EASEMENT AGREEMENT [Legal Description and Map of Easement Area] L 1147535.2 L < 6 isl i X aL W .- Y co Ce Q N a ° >< Q z tri I.L ¢ o o t� W� i-W a- -y Z (Xro N zz IA l AL N � a ~ ,�a � Z �QwwUw , Z a. Ne03UN WNo O� � ~zx • DN �I� 0 LZ O — Z - o0cn O ovi0w I-m � w -o4 L�Ma ZJ � V ZFo - a � 4.1 (nI---rOw �l-0M n AoZ " �O � =�ZWZw �� --=wQ �0�w1zwZ(nZ Wz _ La to L- v. Ce _ w W �Nd Li OOQ .100D)- c Z • < ... im J�a c 0 -V)cd ``w � OV. _ n /- 0UI-Z ) °) ZwNm- 0dw0Q O ��M ww . m mm OCiO62lfYQFEIO00LLI W1-1-1 - .� m � 4J m - , ULO og 000X 0 � OQ = � Wa voW � E�F0 000z(n wa ( z v) o w0 W 4O¢Zw90Ow JF ~• z3." 11pm 0- mt T 501."0§6.Jd FQOwU)Q OzS"� 222 -o(noOZO=UQZQ <1-Z Z rI-I-1- M • 0.-iQWD000Z_ W< ILL.< 0WO0 <x< m(.oaGQoi ow1- 1- ow (nLL(noo • 0A < Z 1 ( �W A 1 tl W N a • N. \ \ \ b' z a � x N w / r w / I- Q 0 LLI I— U Q Z / \ CCO co LA / --I n- // / � aN M Q i- in o \ ; a4 .�co t 1 ►-d tnri r / < (/) M 4 um • A,3,,, - b....A� // J:,u II.c• >, tifl / '. Z_ / < w z / CY LLI 8 w / ° \ \ N � r � w0 A~ � \ Cc) ow \ m CO \ \ \ v)tn z7 • � \� oo / / co \\ ace / �g < �� \ I >< 49 w ow � � lOW44,40 ,, ii, N CA #9' qa4.3 •' L Lc g cnw X * 4 N 6 ao aw r / EAgt- ` oo .4 u)m o Li_ z/ \,:o , z a // z / \ z z Z / z / W h w w m / / / o(kJ (/1 X W J t 0• L / WWW EV) WA o CU D Zvwi1 � J ! 1 N CZ a,-, ¢ a •(71/ W ddU WJ cL �� / Z L7 u / / // W I Lrj2 0 0, / / I 1 / / 1. I I ��/ w // / • I I *: n / / : / v