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Ord. 2000CUP-42 2010-06-28 ORDINANCE NO. 2000CUP -42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 1.24 ACRE (53,811 SQUARE FEET) PARCEL SITUATED IN THE PERRY AUSTIN LEAGUE, ABSTRACT 111, BRAZORIA COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.2438 ACRE TRACT CONVEYED TO STEVE TOWNSEND BY DEED RECORDED UNDER VOLUME 1441, PAGE 979 OF THE BRAZORIA COUNTY OFFICIAL PUBLIC RECORDS. GENERALLY LOCATED AT 1411 BROADWAY STREET, PEARLAND TEXAS (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010- 01) TO ALLOW THE SHARED USE OF ANTENNA ON AN EXISTING CELLULAR COMMUNICATIONS TOWER IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT WITH CONDITIONS, AT THE REQUEST OF BLAKE GRIGGS WITH CLEAR WIRELESS LLC., APPLICANT FOR STEVE TOWNSEND OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. WHEREAS Blake Griggs with Clear Wireless LLC., applicant for Steve Townsend owners, for a conditional use permit to allow the co- location of cellular antenna on an existing tower located within the General Commercial (GC) Zoning District, filed an application for a Conditional Use Permit for certain property, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A and more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B and WHEREAS, on the 17st day of May, 2010, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, ORDINANCE NO. 2000CUP -42 the affidavit of publication being attached hereto and made a part hereof for all purposes as Exhibit "C said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 21st day of June, 2010, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application by Blake Griggs, applicant and Steve Townsend, owner, whereby the Commission recommended approval of the Conditional Use Permit with the following condition: 1) Where the cellular tower compound is visible from Broadway Street /FM 518 in any direction, all requirements of the Unified Development Code and Corridor Overlay District shall be met. said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on June 28, 1010; and WHEREAS, the City Council, having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application Blake Griggs, applicant, and Steve Townsend, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as General Commercial (GC) is Page 2 of 5 Ord No 2000CUP -42 ORDINANCE NO. 2000CUP -42 hereby granted a Conditional Use Permit to allow the shared use of antenna on an existing cellular communications tower in the General Commercial zoning district; such property being more particularly described as: Approximately 1.24 acre (53,811 square feet) parcel situated in the Perry Austin League, Abstract 111, Brazoria County, Texas, and being all of a called 1.2438 acre tract conveyed to Steve Townsend by Deed recorded under Volume 1441, Page 979 of the Brazoria county Official Public Records. With the following condition: 1) Where the cellular tower compound is visible from Broadway Street /FM 518 in any direction, all requirements of the Unified Development Code and Corridor Overlay District shall be met. Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the approval herein granted promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Page 3 of 5 Ord No 2000CUP -42 Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on first and only reading. Section VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety, and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be hereby waived. PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 28th day of June, A.D., 2010. TOM REID MAYOR ATTEST: ,,QAL q �yo,, YO NG L O S F T C //1 c C SEC' TARP ORDINANCE NO. 2000CUP -42 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 5 of 5 Ord No 2000CUP -42 Exhibit "A" Application Ordinance No. 2000CUP -42 Application for a Conditional Use Permit To the City of Pearland by Clear Wire LLC for Collocation on an Existing Tower Located at: 1411 Broadway (Clearwire ID: TX- H000284) Clearwire H000284 1411 Broadway Table of Contents I. CUP Application 3 A. Contact Information 4 II. Application Exhibits 5 A. Legal Description 5 1. Metes and Bounds Description 2. Plat of Property B. Parcel Map 9 C. Letter of Intent 11 D. Site Plan 13 E. Acknowledgement of Posting 16 III. Supplemental Information 18 A. Maps 18 1. Zoning 2. Satellite B. Photos 22 C. Property Records 29 1. Appraisal record Property Owner 2. Appraisal record T- Mobile D. Structural Analysis 34 E. Lease Agreement 60 F. Existing vs. Proposed 75 G. Map of Towers 78 IV. Code Response A. Tower Ordinance 80 B. GC Zone District 83 C. Site Development 8 Pearland CUP (Revised) Page 2 ti�lt�1"lI79Rdd'A� MO:FT(f IIMUI [ilMiQtLlr® iti 5 1Eris IF1: N71 FPCtf T:-tE r•F.;S; i= 'r "AC`,J- FF,''h= t;i 281 4482 0100 Feb. 19 2010 01 :2SPt• Pt CUP ,APPLICATION Page 1 of 4 (Up4ated May 2008) Cry tit Pearland APPLICATION FOR Comr•iu De ertyQMB i r _ii ri i?' CONDITIONAL y (Community Center) C0NDIT� NAL 8E Peariand,Texas 77581 y.' t C p 281$.52.1768 PERMIT (CUP) 281 652,1702 tax www.cityofpearland,ccm Conditional Use Permit Request for; Collocat of antenna and ecuipment on eta proposed use from the Table of Use of the UDC existing communications tower. Current Zoning District: cc General Commercial Property information: Address or General Location of Property: TX HOD 0a64 1411 Broadway, Pearland, TX 77581 Tax Account No 219°07 Subdivision. denkin6 (A0111) Lot 6 Block' A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME Breve Townsend NAM Clear wireless, LLC ADDRESS `'400 N. Hwy 35 Bypass ADDRESS 3303 Carillion Point CITY Alvin STATE: TX 71P 77511 CITY Kirklat'1d STATE WA ZIP 98033 PHONE( 713 482-0100 PHONE( 281 580 -4100 FAX(_________) FAX( 281 580 4108 EVA11, .ADDRESS E ADDRESS blake griggsr, powderr ive r, deV com 'Property owner must be the current owner of the property at the ttme of submittal of the applicattor+, and not the patsy that has the property under contract. As owner and applicant, 1 hereby request approval of the above descnbed request as provided for by the Unified Develapm Code of the City of Pea Owne S rgnatu 3 �',,,k- e�- Date 2• Agent's Signature' NI Date 2/15/2010 OFFICE USE ONLY: MEES DATE I RECEIVED l` RECEIPT i PAIO: PAID: BY NUMBER._ Application No. i Pearland CUP (Revised) Page 3 Clearwtre H000284 1411 Broadway Contact Information Tower Owner Tower Ventures GTP Monty Prewit Regional Manager (512) 992 -5361 mprewit @gtpsites.com Property Owner Steve C. Townsend 1411 Broadway Pearland, TX 281 482 -0100 Applicant Clear Wire Mike Brogan Director 3800 Buffalo Speedway, Suite 200 Houston, TX 77069 (214) 395 -8702 mike.brogan@clearwire.com Agent for Applicant Powder River Development Blake Griggs Real Estate Manager 13131 Champions Drive, Suite 208 Houston, TX 77069 713 261 -5357 Blake.Griggs @PowderRiverDev.com Pearland CUP (Revised) Page 4 Clearwire HOUO284 1411 Broadway Exhibit A -1 Metes and Bounds Description of Pearland CUP (Revised) Page 5 Clearwire H000284 1411 Broadway Metes Bounds Legal Description Being a 1.24 acre (53,811 square feet) parcel situated in the Perry Austin League, Abstract 111, Brazoria County, Texas, and being all of o called 1.2438 acre tract conveyed to Steve C. Townsend by Deed recorded under Volume 1441, Page 979 of the Brazoria County Official Public Records, scid 1.24 acre parcel more particularly described by metes and bounds as follows with all bearings based an the Texas State Plane Coordinate System, South Central Zone; BEGINNING, at a 5/8 -inch iron rod set with cop (stamped "4833 Town Country in the northeast right -of -way line of Eost Broadway Street F.M. 518 (coiled 100 feet wide Volume 2, Page 20, Brazoria County Map Records) for the most southerly corner of a coiled 1.6819 acre tract "Tract 3 conveyed to Barnett Drywall Supply Company by Deed recorded under Clerk's File No. 94- 013007 of the Brazoria County Official Public Records of Real Property, and the most westerly corner of said 1.2438 acre tract, for the most westerly corner of the herein described parcel, from which on "X" found in concrete bears North 62'54'20" West, 129.69 feet; THENCE, North 26 52'34" East (called North 29'57'20" East), possing at o distcnce of 541.75 feet a 1/2 -inch iron rod found along the southeasterly line of said 1.6819 acre tract, and the northwesterly line of said 1.2438 acre, continuing for a total distance of 576.76 feet to o point in Mary's Creek, in the westerly line of the Final Plat of Briarglen Sect. 3 according to the map or plat thereof recorded under Volume 19, Page 483 of the Brazoria County Mop Records, for the easterly most corner of said 1.6819 acre tract, for the most northerly corner of said 1.2438 ocre troct and the herein described parcel; THENCE, along the westerly line of said Briarglen Sect. 3, and the northerly Tine of said 1.2438 acre tract, along the meanders of said Mory's Creek the following courses and distances: South 35 1 46'19" East, 68.84 feet; South 10 "27'48" West, 33.86 feet; South 10'47'33" East, 47.93 feet to a point for the most northerly corner of a called 0.7566 acre tract conveyed to AB Products by Deed recorded under Clerk's File No. 95- 009656 of the Brazoria County Official Public Recorcs of Real Property, for the most easterly corner of said 1.2438 acre tract, and the herein described parcel; THENCE, South 2652'34" West (called South 29'57'20" West, passing of a distance 24.98 feet a 1/2 -inch iron rod found along the northwesterly line of said 0.7566 acre tract, and the southeasterly line of said 1.2438 acre tract, continuing for a total distance of 474.57 feet to an "X" set in concrete in the northeasterly right -of -way line of East Broadway Street, for the most westerly corner of said 0.7566 acre tract, for the most southerly corner of said 1.2483 acre tract and the herein described parcel, from which o 1/2 -inch iron rod found bears South 62 54'20" Eost, 98.87 feet; THENCE, North 6312'20" West (called North 6020'40" West). 100.00 feet along the northeasterly right -of -way line of said East Broadway Street, and the southwesterly line of said 1.2438 acre tract to the POINT OF BEGINNING, CONTAINING 1.24 acre (53,811 squore feet) of land in Brozoria County, Texas. Pearland CUP (Revised) Page 6 Clearwire HOUO284 1411 Broadway E A -2 PIat of Property Pearland CUP (Revised) Page 7 m a 3 3! 1 z a x `gg 6 9$51 o 9 tl p �St o 1 54 E ;ls I m .81 EyZ U� d d a m o� 5 •x1 i !1!^ iw L�ti x x >�c w I 3 a z f 3 31 1 F f i r S e c:,4. E. 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I 8 e n g H,s S 6 a �A 38 "p aa1 i 1�5.5 g i�i j 1'. n 1_ 31.' 1g 11 1 n 1_a.e si i e3a 6 1 1' H1° l e &3 a mli 3 11 y 1 :iiii 1% 151§1111 F H1:!i 1 3 !A iii d' a E:i i x y "1A. x s no i1 6 "s si i't1�.9 g. 8g ;1, "8ga il'c a iin F 11; Clearwire HOUO284 1411 Broadway Exhibit B Parcel Map from city website Pearland CUP (Revised) Page 9 Clearwire HOUO284 1411 Broadway City Parcel Map 95 .,.4 1� due a.o, `qt 4 474.. o dun 4403 2 .1.406 3t 0427 i... 0. e 9 j uu Pearland CUP (Revised) Page 10 Clearwire HOUO284 1411 Broadway E C Letter of Intent Pearland CUP (Revised) Page 11 Clearwire H000284 1411 Broadway 4400 Carillon Pou p: 425 216 -7600 Kirkland, WA 9803. 425 -2 I d -i 900 www.clear.com Monday, February 15, 2010 City of Pearland Community Development 3523 Liberty Dr Pearland, TX 77581 Attn: Angela Gantuah RE: Letter of Intent for CUP Application H000284 Ms. Gantuah: Powder River Development has been contracted by Clear Wireless, LLC to manage the development of its network in the Houston area. Based on the PreDevelopment Meeting we had on 12 -16 -2009, I am filing for a Conditional Use Permit (CUP) for co- locating antennas and related ground equipment on an existing tower located at 1411 Broadway, Pearland, TX 77581. Our ground space is limited to a 7'x7' area with several small equipment cabinets, mounted on an elevated platform instead of a concrete slab. We will be adding one additional array of antennas to the tower. The only utilities involved in this proposal are telephone and electricity. Our current proposal does not include: Increased tower height Additional ground space to the compound Impervious ground cover Removal of any trees If you have any questions, I can be reached at 713 261 -5357. Sincerely, fyi Blake Griggs Powder River Real Estate Manager ClearWire Project Houston Blake.Griggs@PowderRiverDev.com 281 580 -4100 (office) 281 580 -4108 (fax) 713 261 -5357 (cell) Pearland CUP (Revised) Page 12 Clearwire HOUO284 1411 Broadway Exhibit D Site PIan Full set of Construction Drawings to be submitted for Building Permit Pearland CUP (Revised) Page 13 co cs,!rtik o 1 j s h ffi „s ;7 'tt --.1.1141P)---...- 2 r J I a g u (HI 11 1 a 1 ton. •jr .r♦ •r .n .41 I 1"I 1 1i i 1 S eS. 83! Ii i Ei �1!!� li•I i1i;71 1 Ilir ..3 i 1[P 1 j a:gi il1! 341 lit a a 4.013 E 8 1! 1 r$ .I 1 a s 5 FF It sg• e t W. 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'r. 7 ft4Vir‘ g4511.2° .141P5' I k 7 :171.:1.:7 14'-'11' 1 y MUSIC Ol li s': FPCTORI' t r PROPOSED u std tA� }l r a CHANGE t Ls .'"'"1" ,,..,.,i.,.. Contact -_,iii,„, i t l'''',.;1 4 i V Cit of Pearland -"-4 —N ''t 281 .6521768 .F, r 7 yy j r t 2O, 0105/07 1O: 1-5 2 8 Page 17 Pearland CUP (Revised) Clearwire HOUO284 1411 Broadway Supplemental A Maps Pearland CUP (Revised) Page 18 Clearwire H000284 1411 Broadway Zon Map i ���y 9„ 7 fi a -44120- v E. a..... r a 3 Zoning Overview �y "may /40 h 1 a p d� y V g sE�oq p a 0 J Qty, �ypl� ,2 6' r aF .gT r Y cam- k-- co -'›ii...',, i4 4 /\('''N'6,, e' ff 1 ma c '2 4 .r*, s 1- C Q `a f. ka R oa ,,,,4,/ Page 19 Pearland CUP (Revised) 1411 Broadway 0284 HOU Clearwire f Land Use wi th Aerial -t..,,.. Jigl■-.7t;'' 4 tt i hk 1 1W r ,i4,4** or, 1.9t7I7,' ,AF*'''. '''''''1:' ■,:',1'. N '":4;,'.. ..:',44'..': i z .V Points 1 P Ss 't,,i0.•,,,i,„*.!: Zon ing Map with Addr *414 'w- zon 1 IN i i :,0,'-‘ 6 iAtik% y' 7 ri.,....- ii,444t4 Pearland CUP (Revised) Page 20 Clearwire HOUO284 1411 Broadway Satellite Image 4■ .7.` It.- e 4 A t)ir 4 s ,.4,,,, i,„,.: PK ■14,. AI i4.'" j.t. ori. ,:-....1 .1 NN, r ir',. 4r 1 /10441.41to .7 N- .r#ifI -4, ill '"'",,,'"'s,;,' 7 :AP ...)!I 4* '""•1 ,e..'"'" Ye_ A :1',4*- ::::i .i„ t. lir- :,..•.4. i Ilttl'' 3 Ami. --.,i 0 f S 1 411.4.- k r 7:, '',6 'Ni '''A1, 1 :W-: 7i N -lik''"- -et.: ,.,ii,... ,,'i--:. 7 .A i i.'-:.;:- s 7-,f...1:, ,7, SIC .7141r$4, r t f .,i.....,';,.,,, ''''.:1 ,P:. 11,11, .,r; „.'f' "..''f't. 'kt f ,7: N '71 ,■P. •S ■k .1 444r ;::;if:',,. Enlarged Satellite Image "IP ilik 7 1r Aillipl 'L I' ri AP 0 P 4 v i ,...,,,..4 4, 1- l ...4 •.-4 4 ..t... C' i t Z r;v4iiiipaism..-:: ,AimiL,' 44116. 1 Page 21 Pearland CUP (Revised) Clearwire HOUO284 1411 Broadway Supplement B Photos Pearland CUP (Revised) Page 22 Clearwire HOUO284 1411 Broadway Site Photos t i s r me Looking towards site from the southeast 2 jug fi 1 Looking towards site from the south, across Broadway Page 23 Pearland CUP (Revised) 1411 Broadway Clearwire HOUO284 Site Photos It i w .40$ -,L N E Y U '�vrr a 1YA 4 a x .g: tj -1 •fit' F i..4 i R i Close up of compound .i i *jam t ii 14 i4, k 4. A^ Y L Asp f f v x x 410, 'et, A, 011 c 'i.�. f A F s �a tt v. 6 �r at t '4.aA s. AP aL 4 it "x. From compound looking towards drywall company to the northwest Pearland CUP (Revised) Page 24 Clearwire HOUO284 1411 Broadway Site Photos s I: ti 1 b l I i ---rte. I x\ I 1i.: x i a s a. I y x ,s! rte+»` .c.. ri f-- Gate to site (518 to the left) POINIK„ y r lw II r i K i `s a- r w _,Its f..:, 14- .9 k a t'� riii,444. 4 41;it 1 dif a Clearwire lease area Pearland CUP (Revised) Page 25 Clearwire HOUO284 1411 Broadway Site Photos Ihr s-111' 14 .1140111 Towards site from Broadway i Apr.• M .�,ti� 7 ..a °ate •Q �yZa n fi r' ai 'at' ,�L• '`LU 4 L f r j 4"` J� S 1 a, r Ic y r f r r r w e .f 6 r r i�( p l lTt If/ f �t i t t Enlarged view of compound from Broadway Pearland CUP (Revised) Page 2F Clearwire HOUO284 1411 Broadway Site Photos r 1 k i d u. r f .I lb 1 1 194 r F t j i Looking towards Broadway from the compound 1(41 f w '2 A t '4 t 44......, 4 :,..m. ,7114,66„,.._.; ..,,,,,-,,..-„.r.,..,,...,...4700.1 i lo pp- i J III io. Looking towards the tower from adja cent prop erty to the southeast Pearland CUP (Revised) Page 27 Clearwire HOUO284 1411 Broadway Site Photos I Id t A 1 -f C 3 i f$ /s t. a Broadway (FM 518) look northwest FP Broadway (FM 518) looking southeast Page 28 Pearland CUP (Revised) Clearwire HOUO284 1411 Broadway Supplement C Property Recor s Page 29 Pearland CUP (Revised) Brazoria CAD Property Details Page 1 of 2 Clearwire H000284 1411 Broadway Brazoria CAD Property Search Results 219007 TOWNSEND STEVE for Year 2010 Property Account Property ID: 219007 Legal Description: JENKINS (A0111 PERRY AUSTIN)(PEARLAND) LOT 6, ACRES 1.240 Geographic ID: 5411- 0045 -117 Agent Code: Type: Real Location Address: 1411 E BROADWAY FM 518 Mapsco: PEARLAND, TX 77581 Neighborhood: COMM ACCTS Map ID: Neighborhood CD: COMM Owner Name: TOWNSEND STEVE Owner ID: 70417 Mailing Address: 1411 BROADWAY ST Ownership: 100.0000000000% PEARLAND, TX 77581 -6307 Exemptions: Values Improvement Homesite Value: N/A Improvement Non Homesite Value: N/A Land Homesite Value: N/A Land Non Homesite Value: N/A Ag Timber Use Value Agricultural Market Valuation: N/A N/A Timber Market Valuation: N/A N/A Market Value: N/A Ag or Timber Use Value Reduction: N/A Appraised Value: N/A HS Cap: N/A Assessed Value: N/A Taxing Jurisdiction Owner: TOWNSEND STEVE Ownership: 100.0000000000% Total Value: N/A Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD BRAZORIA COUNTY APPRAISAL DISTRICT N/A N/A N/A N/A CPL CITY OF PEARLAND N/A N/A N/A N/A DR4 BRAZORIA COUNTY DRAINAGE DISTRICT #4 (PEARLAND) N/A N/A N/A N/A GBC BRAZORIA COUNTY N/A N/A N/A N/A RDB ROAD BRIDGE FUND N/A N/A N/A N/A SPL PEARLAND INDEPENDENT SCHOOL DISTRICT N/A N/A N/A N/A Total Tax Rate: N/A Taxes w /Current Exemptions: N/A Taxes w/o Exemptions: N/A Improvement Building Improvement #1: Commercial State Code: F1 Living Area: 2568.0 sqft Value: N/A Type Description Class CD Exterior Wall Year Built SQFT 353 RETAIL STORE D 1980 2568.0 Improvement #2: Misc Imp State Code: F1 Living Area: sqft Value: N/A Type Description Class CD Exterior Wall Year Built SQFT YPA1 ASPHALT PAVING 1983 1123.0 Pearland CUP (Revised) Page 30 http: /propaccess. trueautomation. com /ClientDB /Property.aspx ?prop_id 219007 2/12/2010 Brazoria CAD Property Details Page 2 of 2 Clearwire H000284 1411 Broadway Improvement #3: Misc Imp State Code: F1 Living Area: sqft Value: N/A Type Description Class CD Exterior Wall Year Built SQFT YRS1 FRAME STORAGE BLDG 1978 288.0 Improvement #4: Misc Imp State Code: F1 Living Area: sqft Value: N/A Type Description Class CD Exterior Wall Year Built SQFT YRS1 FRAME STORAGE BLDG 1978 576.0 Land Type Description Acres Sqft Eff Front Eff Depth Market Value Prod. Value 1 S1 PRIMARY SITE 0.5000 21780.00 0.00 0.00 N/A N/A 2 S2 SECONDARY SITE 0.7400 32234.00 0.00 0.00 N/A N/A Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 N/A N/A N/A N/A N/A N/A 2009 $85,390 $56,450 0 141,840 $0 $141,840 2008 $88,590 $56,450 0 145,040 $0 $145,040 2007 $88,590 $56,450 0 145,040 $0 $145,040 2006 $108,380 $56,850 0 165,230 $0 $165,230 2005 $19,500 $42,340 0 61,840 $0 $61,840 2004 $21,120 $42,340 0 63,460 $0 $63,460 2003 $22,530 $27,010 0 49,540 $0 $49,540 2002 $21,190 $40,510 0 61,700 $0 $61,700 2001 $27,250 $34,000 0 61,250 $0 $61,250 Deed History (Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page Questions Please Call (979) 849 -7792 This year is not certified and ALL values will be represented with "N /A Website version: 1.2.2.2 Database last updated on: 2/8/2010 8:45 PM 2010 True Automation, Inc. All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6 Netscape 7+ and Firefox 1.5 Pearland CUP (Revised) Page 31 http: /propaccess. trueautomation. com /ClientDB /Property.aspx ?prop_id= 219007 2/12/2010 Brazoria CAD Property Details Page 1 of 2 Clearwire H000284 1411 Broadway Brazoria CAD Property Search Results 617515 T- MOBILE USA for Year 2010 Property Account Property ID: 617515 Legal Description: CELL SITE EQUIPMENT Geographic ID: 8700 0140 -158 Agent Code: ID:1027736 Type: Personal Location Address: 1411 BROADWAY Mapsco: TX Neighborhood: Map ID: Neighborhood CD: Owner Name: T- MOBILE USA Owner ID: 1036636 Mailing Address: 12920 SE 38TH ST Ownership: 100.0000000000% BELLEVUE, WA 98006 -7305 Exemptions: Values Improvement Homesite Value: N/A Improvement Non Homesite Value: N/A Land Homesite Value: N/A Land Non Homesite Value: N/A Ag Timber Use Value Agricultural Market Valuation: N/A N/A Timber Market Valuation: N/A N/A Market Value: N/A Ag or Timber Use Value Reduction: N/A Appraised Value: N/A HS Cap: N/A Assessed Value: N/A Taxing Jurisdiction Owner: T- MOBILE USA Ownership: 100.0000000000% Total Value: N/A Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD BRAZORIA COUNTY APPRAISAL DISTRICT N/A N/A N/A N/A CPL CITY OF PEARLAND N/A N/A N/A N/A DR4 BRAZORIA COUNTY DRAINAGE DISTRICT #4 (PEARLAND) N/A N/A N/A N/A GBC BRAZORIA COUNTY N/A N/A N/A N/A RDB ROAD BRIDGE FUND N/A N/A N/A N/A SPL PEARLAND INDEPENDENT SCHOOL DISTRICT N/A N/A N/A N/A Total Tax Rate: N/A Taxes w /Current Exemptions: N/A Taxes w/o Exemptions: N/A Improvement Building No improvements exist for this property. Land No land segments exist for this property. Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 N/A N/A N/A N/A N/A N/A 2009 $0 $0 0 85,090 $0 $85,090 Pearland CUP (Revised) Page 32 http: /propaccess. trueautomation. com /ClientDB /Property.aspx ?prop_id 617515 2/12/2010 Brazoria CAD Property Details Page 2 of 2 Clearwire H000284 1411 Broadway Deed History (Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page Questions Please Call (979) 849 -7792 This year is not certified and ALL values will be represented with "N /A Website version: 1.2.2.2 Database last updated on: 2/8/2010 8:45 PM 2010 True Automation, Inc. All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6 Netscape 7+ and Firefox 1.5 Pearland CUP (Revised) Page 33 http: /propaccess. trueautomation. com /ClientDB /Property.aspx ?prop_id= 617515 2/12/2010 Clearwire HOUO284 1411 Broadway Supplement D Structural Analysis Pearland CUP (Revised) Page 34 Clearwire H0110284 1411 Rrnadway i GTP May 25, 2010 GLOBAL TOWER Services City of Pearland 3523 Liberty Drive Pearland, Texas 77581 Attn: Angela Gantuah, Senior Planner RE: Clearwire structural analysis for TX -5434 (H0UO284) Dear Ms. Gantuah: It has been brought to our attention that you have a question concerning the two structural analyses submitted for the above site. The dates of the analyses are October 9, 2009 and February 23, 2010. The reason for the second analysis was due to some new findings based on a pre- construction site visit. The results of the November 9, 2009 structural analysis showed that some minor modifications were required for the proposed Clearwire installation. We did a pre- construction visit to verify the steel data of the tower and to provide important information for completion of the required modification. This pre- construction visit showed that the 1 x 1 x 3/16" angles called out in the original tower drawings at the 80' 100' elevation were actually 2 x 2Y2" x 3/16" angles. These existing angles are structurally acceptable. A new analysis was then performed on February 23, 2010 taking into account this new information. The new analysis was structurally acceptable and no modification was required. I hope this answers you concerns in this matter. If you require any additional information please feel free to contact us. Sincerely; Michael T. De Boer, P.E. Director of Engineering 750 Park of Commerce Blvd Suite 300 Boca Raton FL 33487 -3612 Phone 605- 422 -1548 Fax 605- 422 -1550 Pearland CUP (Revised) Page 35 CkkarwireJdQ1 Jfl7M 1411 Broadway WWI GT R GLOBAL TOWER Services Structural Analysis Report 150 ft. Self Support Tower 1411 East Broadway, Pearland, TX 77581 Brazoria County (TX -5434, FM 2351) (Revision 2, Field Data Information) Clearwire LLC Clearwire Site Number: TX- HOUO284 Clearwire Site Name: GTP TX -5434 Prepared by: Global Tower Services, LLC Michael T. De Boer, P.E. Director of Structural Engineering February 23, 2010 750 Park of Commerce Blvd Suite 300 Boca Raton FL 33487 -3612 Phone 605- 422 -1548 Fax 605 -422 -1550 Pearland CUP (Revised) Page 36 Clearwire H0UO284 1411 Broadway Global Tower Services, LLC February 23, 2010 FM 2351 TX -5434 Table of Contents Introduction 3 Description of Structure 3 Design Parameter ••3 Antenna Loading Information .4 Analysis Results 4 5 Analysis Summary and Conclusions 5 Standard Conditions 6 Disclaimer of Warranties Appendix A Tower Profile Attached Appendix B Calculations ..Attached Pearland CUP (Revised) Page 37 Clearwire H000284 1411 Broadway Global Tower Services, LLC February 23, 2010 FM 2351 TX -5434 INTRODUCTION We have completed the structural analysis for the existing 150 ft. self support tower located in Brazoria County (1411 East Broadway, Pearland), TX. The objective of the analysis is to determine if the existing self support tower design is in conformance compliance with the current codes and standards for the proposed equipment installation. TSTower written by TowerSoft was utilized in performing the analysis. This program is a commercially available software program which was used to create a non linear three dimensional beam model and calculate member stresses for various loading conditions. DESCRIPTION OF STRUCTURE The existing structure is a 150 ft. self support tower. The original tower manufacturer is Rohn Industries, Peoria, IL. The existing structure consists of eight (8) sections with pipe legs and angle bracing. A tower mapping provided by High Maintenance Tower Company and by Tower Engineering Professionals were used to model the tower steel. (April 7, 2009, TEP No. 091554, June 16, 2009) The tower legs are considered to be manufactured from 50 ksi steel, the diagonals and horizontals are considered to be 36 ksi and the bolts are A325X. The self support tower, for the purpose of analysis, is considered to be in good condition with no defects. DESIGN PARAMETERS Standard: ANSI /TIA- 222 -F -1996 Basic Wind Speed: 100 mph (fastest mile) 120 mph (3 -sec gust) Serviceability Wind Speed: 50 mph (fastest mile) Basic Wind Speed with Ice: N/A Design Ice Thickness: 0.00 (inch) Allowable Stress Increase: 1/3 for wind loading conditions Pearland CUP (Revised) Page 38 Clearwire H000284 1411 Broadway Global Tower Services, LLC February 23, 2010 FM 2351 TX -5434 ANTENNA LOADING INFORMATION Existing and Reserved Loading Information Anted Descri ion/Mount ®4u: Elev. it.. TX Linea CuAOnTeX Andrew APXV18-206517LS 9 130 7/8" 18 T- Mobile Sector Frames ATMAP1412D -1A20 Sector Frames 6 130 T- Mobile Proposed Loading Information Anterma Pes ti rtiMount 0,0 Elev.. ft) TX Line !iecliktortier Generic Panel Type (42" x 13" x 3 3 150 5/16" 6 Clearwire T- Frames Motorola DAP Vx T- Frames 3 150 Clearwire Andrew VHLP2 -18 T- Frames 1 150 1/4" 1 Clearwire Dragonwave ODU's T- Frames 4 150 Clearwire Andrew VHLP2.5 -18 T- Frames 2 150 /z 2 Clearwire Andrew VHLP2 -23 T- Frames 1 150 `/z" 1 Clearwire ANALYSIS RESULTS Structure The existing 150 ft. self support tower is structurally capable of supporting the proposed equipment. (See table below) Self Suppar(`Tawer Capacity: A Results Tower Legs 97 Pass Tower Diagonals 105 Pass Tower Horizontals 67 Pass (105 percent is considered acceptable. Tower Rotation e Acts 3' Wtowable 150' Elevation 0.88 degrees 2.40 degrees Note: Above at the maximum wind speed of 100 mph (fastest mile). Pearland CUP (Revised) Page 39 Clearwire H000284 1411 Broadway Global Tower Services, LLC February 23, 2010 FM 2351 TX -5434 ANALYSIS RESULTS continued Foundation The existing foundation has also been evaluated. The existing foundation was found to be acceptable with the proposed loading. Tower Rating: 105% Summary and Conclusions The existing 150 ft. self support tower located in Brazoria County (1411 East Broadway, Pearland), TX is structurally acceptable based upon the EIA -222 -F 1996 Standard and the local building code with the proposed equipment installed. If any other changes are proposed, another structural analysis should be performed to assure the tower is in compliance conformance with the applicable codes and standards. Should any further questions arise, please contact the Global Tower Services, LLC Engineering Department at 605- 422 -1548. Global Tower Services, LLC s of T MICHAEL T. 0=30 ER Michael T. De Boer, P E. o 82385 Director of Structural Engineering Cir.� c c V �Q L• 22C/ Pearland CUP (Revised) Page 40 Clearwire H000284 1411 Broadway Global Tower Services, LLC February 23, 2010 FM 2351 TX -5434 Standard Conditions All engineering services are performed on the basis that the information used is current and correct. This information may consist of, but not necessarily limited, to: Information supplied by the client regarding the structure itself, the antenna and transmission line loading on the structure and it components, or relevant information. Information from drawings in possession of Global Tower Services, LLC, or generated by field inspections or measurements of the structure. It is the responsibility of the client to ensure that the information provided to Global Tower Services, LLC and used in the performance of our engineering services is correct and complete. In the absence of information contrary, we consider that all structures were constructed in accordance with the drawings and specifications and are in an un- corroded condition and have not deteriorated; and we, therefore consider that their capacity has not significantly changed from the original design condition. All services will be performed to the codes and standards specified by the client, and we do not imply to meet any other code and standard requirements unless explicitly agreed to in writing. If wind and ice loads or other relevant parameters are to be different from the minimum values recommended by the codes and standards, the client shall specify the exact requirements. In the absence of information to the contrary, all work will be performed in accordance with the revision of ANSI /TIA /EIA -222 requested. All services are performed, results obtained and recommendations made in accordance with the generally accepted engineering principles and practices. Global Tower Services, LLC is not responsible for the conclusions, opinions and recommendations made by others based on the information we supply. Pearland CUP (Revised) Page 41 Clearwire H000284 1411 Broadway Global Tower Services, LLC February 23, 2010 FM 2351 TX -5434 Disclaimer of Warranties The engineering services by Global Tower Services, LLC in connection with this Structural Analysis are limited to a computer analysis of the tower structure, size and capacity of its members. Global Tower Services, LLC does not analyze the fabrication, including welding, except as included in this report. The purpose of this report is to assess the feasibility of adding appurtenances usually accompanied by transmission lines. Any mention of structural modifications are reasonable estimates and should not be used a precise construction document. Precise modification drawings are obtainable from Global Tower Services, LLC but are beyond the scope of this report. Global Tower Services, LLC makes no warranties, expressed or implied, in connection with this report and disclaim any liability arising from material, fabrication and erection of this tower. Global Tower Services, LLC will not be responsible whatsoever for or on account of, consequential or incidental damages sustained by any person, firm, or organization as a result of any data or conclusions contained in this report. The maximum liability of Global Tower Services, LLC pursuant to this report will be limited to the total fee received for preparation of this report. Pearland CUP (Revised) Page 42 Clearwire HOUO284 1411 Broadway APPENDIX A Tower Profile Pearland CUP (Revised) Page 43 Clearwire H000284 1411 III1 TowerSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX- 5434_022310 _Clearwire.out R Contract: evision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer DESIGN SPECIFICATION Design Standard: TIA /EIA- 222 -F -1996 Basic Wind speed =100.0 (mph) 20.00 Service Wind speed 50.0 (mph) Ice thickness 0.00 (in) Sct. Length TopWidth BotWidth 10.00 (ft) (in) (in) 1 20.00 201.83 226.00 2 20.00 177.67 201.83 3 20.00 153.50 177.67 20.00 4 20.00 129.33 153.50 5 20.00 81.00 129.37 6 20.00 81.00 105.17 7 10.00 81.00 81.00 8 20.00 81.00 81.00 20.00 150.00 20.00 407 20.00 0 20.00 MAXIMUM BASE REACTIONS Bare Iced Download (Kips) 167.5 127.1 20.00 Uplift (Kips) 146.2 108.2 14 Shear (Kips) 17.6 13.1 Appendix 1 Pearland CUP (Revised) Page 44 Clearwire H000284 1411 Broadway APPENDIX B Calculations Pearland CUP (Revised) Page 45 Clearwire H000284 1411 Broadway ill TowerSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX 5434_022310 Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section A: PROJECT DATA Project Title: Structural Analysis for 150' Self Support Customer Name: Clearwire Site: TX -5434 (FM 2351) Contract No.: Revision: 1 Engineer: Mike De Boer Date: Feb 26 2010 Time: 03:36:54 PM Project Notes: Revision 1: Additional Dish Antennas Design Standard: TIA /EIA- 222 -F -1996 GENERAL DESIGN CONDITIONS Start Wind direction: 0.00 (Deg) End Wind direction: 330.00 (Deg) Increment wind direction: 30.00 (Deg) Elevation above ground: 0.00(ft) Gust Response Factor Gh: 1.13 Material Density: 490.1(lbs /ft ^3) Young's Modulus: 29000.0(ksi) Poisson Ratio: 0.3 Weight Multiplier: 1.00 Allowable Stress Incr. Factor: 1.333 Increase allowable stress: Yes WIND ONLY CONDITIONS: Basic Wind Speed: 100.00(mph) WIND AND ICE CONDITIONS: Basic Wind Speed: 100.00(mph) Ice Thickness: 0.00(in) Ice density: 56.19(lbs /ft ^3) Wind pressure reduction for iced conditions: 0.75 WIND ONLY SERVICEABILITY CONDITIONS: Operational Wind Speed: 50.00(mph) Analysis performed using: TowerSoft Finite Element Analysis Program Page A 1 Pearland CUP (Revised) Page 46 Clearwire H000284 1411 Broadway TowerSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX- 5434_922310 _Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section C: ANTENNA DATA Structure Azimuth from North: 0 ANTENNAS Ant Elev. Antenna Ant. Mount. Mount Type Mount Tx Line Mounting Pipe No. Type Azim. Radius Azim. #)Type Size Length (ft) (ft) (ft) (in) Full Shielded 1 150.00 (1) HP2 0 3.98 0 (1)LDF4P -50A 2.875 4.00 2.21 Vert. Offset 0.00 (ft) 2 150.00 (1) HP2 120 3.98 120 (1)LDF4P -50A 2.875 4.00 2.21 Vert. Offset 0.00 (ft) 3 150.00 (1) HP2 240 3.98 240 (1)LDF4P -50A 2.875 4.00 2.21 Vert. Offset 0.00 (ft) 4 150.00 (1) HP4 300 2.25 300 (1)LDF4P -50A 2.875 4.00 2.21 Vert. Offset 0.00 (ft) ANTENNA AND MOUNT WIND AREAS AND WEIGHTS Ant Antenna /Mount Frontal Lateral Frontal Lateral Weight Weight Frequency Allowable No. Bare Area Bare Area Iced Area Iced Area Bare Iced Signal (ft) ^2 (ft) ^2 (ft) ^2 (ft) ^2 (lbs) (lbs) GHz Loss dB 1 HP2 4.86 0.34 4.86 0.34 40.78 40.78 6.00 10 2 HP2 4.86 0.34 4.86 0.34 40.78 40.78 6.00 10 3 HP2 4.86 0.34 4.86 0.34 40.78 40.78 6.00 10 4 HP4 18.87 1.31 18.87 1.31 169.75 169.75 6.00 10 Page C 1 Pearland CUP (Revised) Page 47 Clearwire H000284 1411 Broadway p Towe rSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX 5434_022310 Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section D: TRANSMISSION LINE DATA Transmission Lines Position No. Bot E1 Top El Desc. Radius Az. Orient. No. No. of Part Vert. Antenna (ft) (ft) (ft) Rows of Face 1 0.00 130.00 LDF5P -50A 9.48 60.00 5.00 18 2 Yes -OutNo HP2 2 0.00 150.00 LDF2 -50 5.44 180.00 180.00 6 2 Yes -OutNO HP4 3 0.00 150.00 LDF4P -50A 5.46 180.00 175.00 1 1 Yes -OutNo HP2 4 0.00 150.00 LDF4P -50A 5.52 180.00 170.00 1 1 Yes -OutNo HP2 5 0.00 150.00 LDF4P -50A 5.63 180.00 165.00 1 1 Yes OutNo HP2 6 0.00 150.00 LDF4P -50A 5.79 180.00 160.00 1 1 Yes -OutNO HP4 Transmission Lines Details No. Desc. Width Depth Unit Mass Line Spacing Row Spacing (in) (in) (lb /ft) (in) (in) 1 LDF5P -50A 1.10 1.10 0.33 2.000 2.000 2 LDF2 -50 0.43 0.43 0.08 1.000 1.000 3 LDF4P -50A 0.63 0.63 0.15 2.750 2.750 4 LDF4P -50A 0.63 0.63 0.15 2.750 2.750 5 LDF4P -50A 0.63 0.63 0.15 2.750 2.750 6 LDF4P -50A 0.63 0.63 0.15 2.750 2.750 Page D 1 Pearland CUP (Revised) Page 48 Clearwire H000284 1411 Broadway NN Towe rSoft ENGINEERINGSOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310_Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section F: POINT LOAD DATA Structure Azimuth from North:0.00 POINT LOADS No. Description Elev. Radius Azim. Orient. Vertical Tx Line Comments Offset (ft) (ft) (Deg) (Deg) (ft) 1 (9) APXV18- 206517LS 130.00 0.00 0.0 0.0 0.00 (18)LDF5P -50A T- Mobile (0.80) 2 (6) ATMAP1412D -1A20 130.00 0.00 0.0 0.0 0.00 T- Mobile (0.85) 3 (3) Sector Frames 130.00 0.00 0.0 0.0 0.00 T- Mobile 4 (3) Generic Panel Type 150.00 0.00 0.0 0.0 0.00 (6)LDF2 -50 Clearwire (0.85) 5 T- Frames 150.00 0.00 0.0 0.0 0.00 Clearwire 6 (3) DAP Vx 150.00 0.00 0.0 0.0 0.00 Clearwire (0.85) POINT LOADS WIND AREAS AND WEIGHTS No. Description Frontal Lateral Frontal Lateral Weight Weight Bare Area Bare Area Iced Area Iced Area Bare Iced (ft ^2) (ft ^2) (ft ^2) (ft ^2) (Kips) (Kips) 1 (9) APXV18- 206517LS 22.28 22.28 26.01 26.01 0.24 0.59 2 (6) ATMAP1412D -1A20 5.95 5.95 7.09 7.09 0.08 0.20 3 (3) Sector Frames 24.00 24.00 30.00 30.00 1.50 2.00 4 (3) Generic Panel Type 13.54 13.54 14.92 14.92 0.11 0.26 5 T Frames 21.00 21.00 27.00 27.00 1.25 1.75 6 (3) DAP Vx 9.02 9.02 10.04 10.04 0.14 0.34 Page F 1 Pearland CUP (Revised) Page 49 Clearwire H000284 1411 Broadway H fl Towe rSoft ENGINEERINGSOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310_Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section H: STRUCTURE DISPLACEMENT DATA Load Combination Max Envelope Wind Direction Maximum displacements Node Elev. N -S Disp W -E Disp Vert.Disp N -S Rot W -E Rot Twist (ft) (in) (in) (in) (Deg) (Deg) (Deg) 72 150.0 14.3 14.2 -0.1 0.87 0.87 0.03 69 145.0 13.3 13.3 -0.1 0.86 0.86 0.03 66 140.0 12.4 12.4 -0.1 0.86 0.86 -0.02 63 135.0 11.5 11.5 -0.1 0.84 0.84 0.03 60 130.0 10.7 10.6 0.1 0.85 0.85 -0.02 57 125.0 9.8 9.7 0.0 0.81 0.81 0.03 54 120.0 8.9 8.8 0.0 0.79 0.79 -0.01 51 115.0 8.1 8.0 0.0 0.73 0.72 0.03 48 110.0 7.3 7.3 0.0 0.70 0.70 -0.01 45 105.0 6.6 6.5 0.0 0.64 0.64 0.02 42 100.0 5.9 5.9 0.0 0.59 0.59 0.01 39 93.3 5.1 5.0 0.0 0.53 0.53 0.02 36 86.7 4.4 4.3 0.0 0.49 0.49 0.01 33 80.0 3.7 3.6 0.0 0.43 0.43 0.02 30 73.3 3.1 3.0 0.0 0.40 0.39 0.01 27 66.7 2.5 2.5 0.0 0.35 0.34 0.01 24 60.0 2.0 2.0 0.0 0.31 0.30 0.01 21 53.3 1.6 1.6 0.0 0.27 0.26 0.01 18 46.7 1.2 1.2 0.0 0.23 0.22 0.01 15 40.0 0.9 0.9 0.0 0.18 0.18 0.00 12 30.0 0.5 0.5 0.0 0.13 0.13 0.01 9 20.0 0.3 0.3 0.0 0.09 0.09 0.00 6 10.0 0.1 0.1 0.0 0.03 0.03 -0.01 3 0.0 0.0 0.0 0.0 0.00 0.00 0.00 Page H 1 Pearland CUP (Revised) Page 50 Clearwire H000284 1411 Broadway TowerSoft ENGINEERING SO TWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310_Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section J: ANTENNA DISPLACEMENT DATA Load Combination Max Envelope Wind Direction Maximum displacements Ant. Elev. N -S Disp W -E Disp Vert Disp N -S Rot W -E Rot Twist Rot Allow. (ft) (in) (in) (in) (Deg) (Deg) (Deg) (Deg) 1 150.00 14.3 14.2 -0.1 0.86 0.88 -0.03 4.43 2 150.00 14.3 14.2 -0.1 0.86 0.88 -0.03 4.43 3 150.00 14.3 14.2 -0.1 0.86 0.88 -0.03 4.43 4 150.00 14.3 14.2 -0.1 0.86 0.88 -0.03 2.21 Page J 1 Pearland CUP (Revised) Page 51 Clearwire H000284 1411 Broadway 'owe rSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310_Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section L: STRENGTH ASSESSMENT SORTED DATA Load Combination Max Envelope Wind Direction Maximum Sec Pnl Elev MType Desc. Len kl /r Gov. Gov. Max Max Asses. comp. tens. Compr. Tens. Ratio cap. cap. (ft) (ft) (Kips) (Kips) (Kips) (Kips) 8 4 145.00 Leg PIPE 3.500x0.216 5.00 51.7 71.7 89.3 2.2 0.9 0.03 8 3 140.00 Leg PIPE 3.500x0.216 5.00 51.7 71.7 89.3 5.5 4.0 0.08 8 2 135.00 Leg PIPE 3.500x0.216 5.00 51.7 71.7 89.3 9.6 7.7 0.13 8 1 130.00 Leg PIPE 3.500x0.216 5.00 51.7 71.7 89.3 13.9 11.6 0.19 7 2 125.00 Leg PIPE 3.500x0.216 5.00 51.7 71.7 89.3 22.3 16.9 0.31 7 1 120.00 Leg PIPE 3.500x0.216 5.00 51.7 71.7 89.3 31.0 25.4 0.43 6 4 115.00 Leg PIPE 3.500x0.216 5.01 51.8 71.6 89.3 39.4 33.3 0.55 6 3 110.00 Leg PIPE 3.500x0.216 5.01 51.8 71.6 89.3 46.8 40.0 0.65 6 2 105.00 Leg PIPE 3.500x0.216 5.01 51.8 71.6 89.3 52.9 45.9 0.74 6 1 100.00 Leg PIPE 3.500x0.216 5.01 51.8 71.6 89.3 59.4 51.8 0.83 5 3 93.33 Leg PIPE 3.500x0.300 6.68 70.3 84.1 103.7 66.0 58.0 0.78 5 2 86.67 Leg PIPE 3.500x0.300 6.68 70.3 84.1 103.7 74.1 65.2 0.88 5 1 80.00 Leg PIPE 3.500x0.300 6.68 70.3 84.1 103.7 81.2 71.8 0.97 4 3 73.33 Leg PIPE 4x0.318 6.68 61.2 110.5 141.2 88.8 78.5 0.80 4 2 66.67 Leg PIPE 4x0.318 6.68 61.2 110.5 141.2 95.8 84.8 0.87 4 1 60.00 Leg PIPE 4x0.318 6.68 61.2 110.5 141.2 103.1 91.1 0.93 3 3 53.33 Leg PIPE 4.500x0.337 6.68 54.1 139.4 176.5 109.9 97.2 0.79 3 2 46.67 Leg PIPE 4.500x0.337 6.68 54.1 139.4 176.5 117.0 103.4 0.84 3 1 40.00 Leg PIPE 4.500x0.337 6.68 54.1 139.4 176.5 123.8 109.3 0.89 2 2 30.00 Leg PIPE 5.563x0.375 10.02 65.3 177.6 244.6 132.4 116.7 0.75 2 1 20.00 Leg PIPE 5.563x0.375 10.02 65.3 177.6 244.6 142.4 125.2 0.80 1 2 10.00 Leg PIPE 5.563x0.375 10.02 65.3 177.6 244.6 152.7 133.9 0.86 1 1 0.00 Leg PIPE 5.563x0.375 10.02 65.3 177.6 244.6 162.6 142.2 0.92 8 4 145.00 Diag L1 1 /2x1 1/2x3/16 8.40 156.7 4.3 6.5 1.5 1.5 0.34 8 3 140.00 Diag L1 1 /2x1 1/2x3/16 8.40 156.7 4.3 6.5 1.7 1.7 0.40 8 2 135.00 Diag L1 1 /2x1 1/2x3/16 8.40 156.7 4.3 6.5 1.9 1.9 0.44 8 1 130.00 Diag L1 1 /2x1 1/2x3/16 8.40 156.7 4.3 6.5 2.1 2.1 0.49 7 2 125.00 Diag L1 1 /2x1 1/2x3/16 8.40 156.7 4.3 6.5 4.2 4.3 0.97 7 1 120.00 Diag Ll 1 /2x1 1/2x3/16 8.40 156.7 4.3 6.5 4.5 4.4 1.05 6 4 115.00 Diag L1 3/4x1 3/4x3/16 8.60 142.1 6.1 7.4 3.5 3.4 0.57 6 3 110.00 Diag L1 3/4x1 3/4x3/16 9.02 149.6 5.5 7.4 3.3 3.4 0.60 6 2 105.00 Diag L1 3/4x1 3/4x3/16 9.44 157.3 5.0 7.4 3.4 3.3 0.68 6 1 100.00 Diag L1 3/4x1 3/4x3/16 9.87 165.1 4.5 7.4 3.3 3.4 0.73 5 3 93.33 Diag L2 1/2x2 1/2x3/16 11.28 191.5 4.9 7.3 3.7 3.6 0.75 5 2 86.67 Diag L2 1/2x2 1/2x3/16 11.83 191.5 4.9 7.3 3.7 3.7 0.75 5 1 80.00 Diag L2 1/2x2 1/2x3/16 12.39 191.5 4.9 7.3 3.8 3.7 0.77 4 3 73.33 Diag L2 1/2x2 1/2x3/16 12.96 152.4 7.7 9.1 3.8 3.8 0.49 4 2 66.67 Diag L2 1/2x2 1/2x3/16 13.54 159.6 7.0 9.1 3.9 3.9 0.56 4 1 60.00 Diag L2 1/2x2 1/2x3/16 14.13 166.9 6.4 9.1 4.0 4.0 0.62 3 3 53.33 Diag L2 1/2x2 1/2x3/16 14.72 173.8 5.9 9.1 4.1 4.1 0.70 3 2 46.67 Diag L2 1/2x2 1/2x3/16 15.33 181.2 5.5 9.1 4.2 4.3 0.77 3 1 40.00 Diag L2 1/2x2 1/2x3/16 15.93 188.7 5.0 9.1 4.4 4.3 0.87 2 2 30.00 Diag L3x3x3/16 18.29 180.6 6.6 9.1 4.9 4.9 0.74 2 1 20.00 Diag L3x3x3/16 19.14 189.4 6.0 9.1 5.1 5.1 0.84 1 2 10.00 Diag L3x3x1 /4 20.00 198.4 7.3 12.1 5.2 5.3 0.72 1 1 0.00 Diag L3 1/2x3 1/2x1/4 20.88 177.1 10.7 12.1 5.5 5.4 0.51 8 4 145.00 Horiz LI 1 /2x1 1/2x3/16 6.75 253.2 1.6 6.5 0.7 0.7 0.43 Page L 1 Pearland CUP (Revised) Page 52 Clearwire H000284 1411 Broadway Il Towe rSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX- 5434_022310 _Clearwire.out R Contract: evision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer 7 2 125.00 Horiz L1 1 /2x1 1/2x3/16 6.75 253.2 1.6 6.5 1.1 1.0 0.67 Page L 2 Pearland CUP (Revised) Page 53 Clearwire H000284 1411 Broadway H H Towe rSoft ENGINEENINGSOFIVVARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section M: SECTION PROPERTIES DATA Sec Pan Memb. Steel Conn. Bolts Bolt Bolt End Gusset kl /r Comp Tens Bolt Bear. Block Type Grade Type Size Grade Dist. Thick. Cap. Cap. Cap. Cap. Shear (in) (in) (in) (Kips) (Kips) (Kips) (Kips) (Kips) 8 4 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.7 71.7 89.3 103.7T N/A N/A 8 4 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 156.7 4.3 11.5 12.3S 9.1 6.5 8 4 Horiz A36 Bolted 1 0.625 A325X 1.250 0.394 253.2 1.6 11.5 12.3S 9.1 6.5 8 3 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.7 71.7 89.3 103.7T N/A N/A 8 3 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 156.7 4.3 11.5 12.3S 9.1 6.5 8 2 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.7 71.7 89.3 103.7T N/A N/A 8 2 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 156.7 4.3 11.5 12.3S 9.1 6.5 8 1 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.7 71.7 89.3 103.7T N/A N/A 8 1 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 156.7 4.3 11.5 12.3S 9.1 6.5 7 2 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.7 71.7 89.3 103.7T N/A N/A 7 2 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 156.7 4.3 11.5 12.3S 9.1 6.5 7 2 Horiz A36 Bolted 1 0.625 A325X 1.250 0.394 253.2 1.6 11.5 12.3S 9.1 6.5 7 1 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.7 71.7 89.3 103.7T N/A N/A 7 1 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 156.7 4.3 11.5 12.3S 9.1 6.5 6 4 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.8 71.6 89.3 103.7T N/A N/A 6 4 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 142.1 6.1 14.1 12.3S 9.1 7.4 6 3 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.8 71.6 89.3 103.7T N/A N/A 6 3 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 149.6 5.5 14.1 12.3S 9.1 7.4 6 2 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.8 71.6 89.3 103.7T N/A N/A 6 2 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 157.3 5.0 14.1 12.3S 9.1 7.4 6 1 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 51.8 71.6 89.3 103.7T N/A N/A 6 1 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 165.1 4.5 14.1 12.3S 9.1 7.4 5 3 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 70.3 84.1 120.9 103.7T N/A N/A 5 3 Diag A36 Bolted 1 0.500 A325X 1.000 0.394 191.5 4.9 23.0 7.9S 7.3 9.7 5 2 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 70.3 84.1 120.9 103.7T N/A N/A 5 2 Diag A36 Bolted 1 0.500 A325X 1.000 0.394 191.5 4.9 23.0 7.9S 7.3 9.7 5 1 Leg A572 gr.50 Tension 4 0.750 A325X 1.125 N/A 70.3 84.1 120.9 103.7T N/A N/A 5 1 Diag A36 Bolted 1 0.500 A325X 1.000 0.394 191.5 4.9 23.0 7.9S 7.3 9.7 4 3 Leg A572 gr.50 Tension 4 0.875 A325X 1.313 N/A 61.2 110.5 147.3 141.2T N/A N/A 4 3 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 152.4 7.7 22.3 12.35 9.1 10.1 4 2 Leg A572 gr.50 Tension 4 0.875 A325X 1.313 N/A 61.2 110.5 147.3 141.2T N/A N/A 4 2 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 159.6 7.0 22.3 12.3S 9.1 10.1 4 1 Leg A572 gr.50 Tension 4 0.875 A325X 1.313 N/A 61.2 110.5 147.3 141.2T N/A N/A 4 1 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 166.9 6.4 22.3 12.3S 9.1 10.1 3 3 Leg A572 gr.50 Tension 4 1.000 A325X 2.000 N/A 54.1 139.4 176.5 184.4T N/A N/A 3 3 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 173.8 5.9 22.3 12.3S 9.1 10.1 3 2 Leg A572 gr.50 Tension 4 1.000 A325X 2.000 N/A 54.1 139.4 176.5 184.4T N/A N/A 3 2 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 181.2 5.5 22.3 12.3S 9.1 10.1 3 1 Leg A572 gr.50 Tension 4 1.000 A325X 2.000 N/A 54.1 139.4 176.5 184.4T N/A N/A 3 1 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 188.7 5.0 22.3 12.3S 9.1 10.1 2 2 Leg A572 gr.50 Tension 6 1.000 A325X 1.500 N/A 65.3 177.6 244.6 276.6T N/A N/A 2 2 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 180.6 6.6 27.8 12.3S 9.1 11.9 2 1 Leg A572 gr.50 Tension 6 1.000 A325X 1.500 N/A 65.3 177.6 244.6 276.6T N/A N/A 2 1 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 189.4 6.0 27.8 12.35 9.1 11.9 1 2 Leg A572 gr.50 Tension 6 1.000 A325X 1.500 N/A 65.3 177.6 244.6 276.6T N/A N/A Page M 1 Pearland CUP (Revised) Page 54 Clearwire H000284 1411 Broadway fl Towe rSof t ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310_Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer 1 2 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 198.4 7.3 36.7 12.3S 12.1 15.8 1 1 Leg A572 gr.50 Tension 6 1.000 A325X 1.500 N/A 65.3 177.6 244.6 276.6T N/A N/A 1 1 Diag A36 Bolted 1 0.625 A325X 1.250 0.394 177.1 10.7 43.9 12.3S 12.1 18.2 Page M 2 Pearland CUP (Revised) Page 55 Clearwire H000284 1411 Broadway fl Towe rSoft E NGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX- 5434222310 _Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section N: LEG REACTION DATA Load Combination Max Envelope Wind Direction Maximum Force -Y Force -Y Shear -X Shear -Z Max Shear Download Uplift (Kips) (Kips) (Kips) (Kips) (Kips) 167.53 146.21 17.56 Page N 1 Pearland CUP (Revised) Page 56 Clearwire H000284 1411 Broadway NTowe rSoft IIIENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX- 5434_022310 _Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Section 0: TOWER FOUNDATION DATA Load Combination Max Envelope Wind Direction Maximum Axial Shear Shear Total Moment -X Moment -Y Moment -Z Total Moment Load Load -X Load -Z Shear (Kips) (Kips) (Kips) (Kips) (Kipsft) (Kipsft) (Kipsft) (Kipsft) 17.86 14.86 -25.74 29.72 2282.20 0.02 1317.64 2635.26 17.86 14.86 -25.74 29.72 2282.20 0.02 1317.64 2635.26 Page 0 1 Pearland CUP (Revised) Page 57 Clearwire H000284 1411 Broadway fl Towe rSof ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX 5434_022310 Clearwire.out Contract: Revision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Horiz. Disp. Diagram Max. Envelope fAll Loading Cases] E lev. (ft) 150.0 t i 130.0 s 4 4 120.0 1 i 1 1 100.0 ..y 80.0 4 60.0 4 1 4 40.0 11 20.0 1 1 1 Displ. (in) 4 0 12 16 Appendix 2 Pearland CUP (Revised) Page 58 Clearwire H000284 1411 Broadway II TowerSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310_Clearwire.out R Contract: evision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Leu Load Compression Diagram Max_ Envelope (All Loading Cases) Elev. (ft) Sect. No 150 8 130 7 120 6 100 5 80 4 60 3 40 2 20 1 50 100 150 Force (Kips) —Force----Capacity Appendix 3 Pearland CUP (Revised) Page 59 Clearwire H000284 1411 Broadway Il Towe rSoft ENGINEERING SOFTWARE TSTower v 3.9.7 Tower Analysis Program Licensed to: Global Tower Partners (c) 1997 -2006 TowerSoft www.TSTower.com Boca Raton, Florida File: C: \Program Files \TSTower \TSTOWER Input \TX -5434_ 022310_Clearwire.out R Contract: evision: 1 Project: Structural Analysis for 150' Self Support Site: TX -5434 (FM 2351) Date and Time: 2/26/2010 3:50:46 PM Engineer: Mike De Boer Dieu. Load Compression Diagram Max. Envelope (All Loading Cases) Elev. (ft) Sect. No 150 8 130 L11-1 LI 7 120 6 100 tml Erfl 5 80 4 60 3 40 2 20 1 2 5 7 10 Force (Kips] Force Capacity Appendix 4 Peariand CUP (Revised) Page 60 Clearwire HOUO284 1411 Broadway Supplement E Lease Agreement Pearland CUP (Revised) Page 61 Clearwire H000284 1',411 Broadway TX- 5434 FM 2351 TX- li000284 COMMUNICATIONS EQUIPMENT SITE AGREEMENT THIS CO UNICATIONS EQUIPMENT SITE AGREEMENT ("Agreement is entered into this day of 2009, by and between TOWER ASSETS NEWCO lI LLC, a Delaware limited liability company "Owner and CLEAR WI LESS, LLC, a Nevada limited liability company "Operator 1. Grant. Subject to the following terms and conditions, Owner hereby grants Operator the nonexclusive right to install, maintain, operate and remove radio communications equipment and appurtenances on Owner's tower "Tower located on theiproperty described in Exhibit "A" "Premises and leases to Operator a portion of the Premises for construction and occupancy of an e 4 uipment shelter or building to house Operator's equipment on the Premises as more particularly described in Exhibit "A Owner shall colntinue to have the right to occupy the Premises and the Tower and to grant others rights to occupy or utilize the Premises and the Tower atiOwner's sole discretion. Owner also grants to Operator a non exclusive easement during the term of this Lease for ingress, egress and regress and for the installation and transmission of utilities on property described on attached Exhibit "B" "Easement Operator may install the equipment, personal property, improvements, alterations or fixtures as specifically described on Exhibit "C" "Equipment or as Owner may otherwise approve. Any personal property owned by Operator, whether or not fixed or attached to the Premises or Tower, shall remain the property of Operator prior to termination of this Agreement without regard to whether it appears on Exhibit "C 2. Use. Operator shall use the Equipment and the Premises for the purpose of constructing, installing, mailntaining, improving and operating, at Operator's expense, a communications facility, including antennae, buildings and incidental uses. Operator shall only use Tower space with antenna center line (rad center) of one hundred forty seven (147) feet AGL. Operator shall be solely responsible for securing any and all building permits and approvals, zoning changes or approvals, variances, use permits, and other governmental permits from applicable governmental authorities, including any Federal Aviation Administration approval (collectively, "Permits prior to any construction on the Premises. Owner agrees to reasonably cooperate with Operator in obtaining the Permits, and copies of the Permits shall be provided to Owner upon request. Operator shall promptly pay all costs and expenses and shall not cause or permit any lien to be created against the Premises. 3. Term. The term of this Agreement shall commence upon the earlier of (i) the date of installation start at the site or (ii) IIIIIIIIIIF -ommencement Date and terminating at midnight five (5) years from this date, "Initial Term 4. Renewal Term(s). Operator shall have the right to extend this Agreement for five (5) additional terms of five (5) years each "Renewal Term(s)") on the same terms and conditions as set forth in this Agreement except that the Rent shall be as specified in Paragraph 5 below. This Agreement shall automatically be renewed for each successive Renewal Term unless Operator notifies Owner of Operator's intention not to renew the Agreement at least 30 days prior to expiration of the then current term. 5. Rent. t Date, Operator shall pay to Owner as rental the sum of Rent) which shall include Operator's right to use and occupy e u pace surroun rng wner s ower. en paymen s s a ma a monthly in advance to the Owner's notice address as specified below and shall be prorated for any partial month at the commencement or termination of this Lease, based on the number of days in that month. (b) Renewal Term. In the event that Operator elects to renew this Lease as provided in paragraph 4, Rent shall increase by an amount equ;q=11111111= over the Rent to be paid by Operator during the immediately preceding Term or Renewal Term. Operator shall pay Owner Rent during each Renewal Term (RT) according to the following schedule. 2007 site agreement.doc 1 Pearland CUP (Revised) Page 62 Ctearwire H000284 1411 Broadway TX -5434 FM 2351 TX- H000284 6. Tower Maintenance. Owner represents and warrants that its operation of the Tower, exclusive of Operator's Equipment, including the lighting system, meets and will be maintained in accordance with all applicable laws, rules and regulations, including, without limitation, rules and regulations of the Federal Communications Commission, Federal Aviation Administration and all applicable local codes and regulations. Owner shall maintain its lighting systems, tower antenna, transmission lines, equipment and building in good operating condition. The costs of maintaining the Tower shall be borne by Owner with the exception of Operator's antennae and Equipment and except for damage to the Tower caused by Operator or Operator's agents, employees, contractors or subcontractors, which shall be borne by Operator. Operator shall repair at Operator's cost any such damage, within 48 hours, and to the extent that such damage cannot be repaired within 48 hours, Operator shall make all efforts to begin such repair and finish such repair in a timely manner. Should owner fail to timely make repairs required by this Agreement, Operator may, at Operator's option, make such repairs and Owner shall promptly reimburse Operator for its reasonable costs and expenses incurred in such repair. In the event Owner fails to maintain the tower lighting systems, Tower, transmission lines, equipment and building', as provided herein, Operator shall have the right to withhold Rent payments to Owner if Owner fails to make said repairs or to provide Maintenance after Operator has given Owner five (5) days notice of the need to provide maintenance and repairs, or, shall at Operator's option and upon notice to Owner, terminate this Lease. Operator shall have the right to apply such Rent withheld hereunder to make the necessary repairs and provide the necessary maintenance and Operator shall not thereafter be responsible to Owner for the Rent withheld for such maintenance and repairs. Operator's activities and operations and the Equipment shall not interfere with Owner's maintenance and repair of the Tower and its lighting system. 7. Conditions Precedent. Operator's obligation to perform under this Agreement shall be subject to and conditioned upon: (a) Operator's securing appropriate approvals for Operator's intended use of its Equipment on the Premises from the Federal Communications Commission, the Federal Aviation Administrator, and any other federal, state or local regulatory agency having jurisdiction over Operator's proposed use of the Equipment; (b) Operator's obtaining, at its option and expense, a title report or commitment for a leasehold title policy from a title insurance company of Operator's choice which must show no defects or restrictions of title or any liens or encumbrances which may adversely affect Operator's use of the Premises or Operator's ability to obtain financing, provided Operator shall order such a policy within two business days of the execution of this Agreement; (c) Operator's obtaining, at its option and expense, a survey, soil borings and analysis tests which must show no defects which, in the opinion of the Operator, may adversely affect Operator's use of the Premises, provided Operator shall order such tests within two business days of execution of this Agreement; (d) Operator's approval of the condition of the Premises, which may be subject to, at Operator's option and expense, an environmental audit of the Premises performed by an environmental consulting firm of Operator's choice; (e) Operator's determination that the Tower is structurally appropriate for Operator's needs. In the event of a failure of any of the above referenced conditions precedent within 60 days of execution of this Agreement, Operator may terminate this Agreement through written notice to Owner. If Operator fails to provide such notice within 60 days of execution of this Agreement, each of the above conditions precedent shall be deemed satisfied. 8. Interference. Operator agrees to install Equipment only of types and generating frequencies which will not cause interference to transmissions or signals from Owner and other users of the Tower as may be already in place on the Tower. At Owner's request, Operator shall provide a detailed interference analysis showing potential conflicts between Operator's frequencies and those of the Owner or other users already in place on the Tower. In the event the Equipment causes such interference, Operator will take all steps necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receipt of written notice from Owner to Operator (Notice Date), Operator shall temporarily disconnect the electric power and shut down the Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) and if such interference is not corrected within 30 days after receipt of the written notice, Operator agrees to remove the Equipment from the Tower and the Premises and this Agreement shall terminate as if by expiration. After the Equipment has been installed, Owner shall place similar restrictions upon interference with Operator's frequencies on others using Tower with Owner's permission, installed on the Tower after Operator's installation of the Equipment. In the event Third Parties' interference cannot be eliminated or rectified to Operator's satisfaction within 48 hours after receipt of written notice from Operator to Owner (Notice Date), Owner shall cause such Third Parties to temporarily disconnect the electric power and shut down the Third Parties' Equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) and if such interference is not corrected within 30 days after receipt of the written notice, Owner shall at the request of Operator require the party causing the interference to remove its equipment from the Tower and the Premises, or Operator may, at Operator's sole discretion and option, terminate this Lease upon notice to Owner. 2007 site agreement.doc 2 Page 63 Pearland CUP (Revised) Clearwire H000284 1411 Broadway TX -5434 FM 2351 TX- H000284 9. Utilities and Access. (a) Owner represents that utilities adequate for Operator's intended use of the Premises are presently available. Further, from time to time, Operator shall have the right to install utilities, to be separately metered at Operator's expense, and to improve present utilities on the Premises, including but not limited to the installation of emergency power generators. Operator shall have the right to place utilities on, or to bring utilities across or under, the Premises and the Easement in order to service the Equipment throughout the Initial Term or any Renewal Term of this Agreement. Owner shall, upon Operator's request, execute a separate writt n easement, acceptable to Owner, in a form which may be filed of record evidencing this right. Operator shall be responsible for all utility connection charges, and all utility use charges, for electricity or any other utility used by Operator. (b) Operator shall have access to the Premises and the Equipment at all times, 24 hours each day, through the access drive presently existing on the Easement. Owner shall maintain the access drive in good condition throughout the Initial Term of this Agreement or any Renewal Term. Operator may, at its option and own expense, construct a suitable private access drive to the Premises and the Equipment within the Easement. To the degree additional access is required across other property owned by Owner, Owner shall execute an easement evidencing this right and agrees to maintain said access so that no interference is caused to Operator by olther tenants, licensees, invitees or agents of the Owner. 10. Termination. Except as otherwise provided, this Agreement may be terminated, without any penalty or further liability, upon written notice as follows: (a) By either party upon a default of any covenant or term of this Agreement by the other party which default is not cured within 30 days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions of this Agreement); or (b) By Operator if it is unable to obtain or maintain any license, permit or other Permits necessary to thelconstruction and operation of the Equipment or Operator's business or intended use of the Premises. 11. Tower Analysis. Operator shall be solely responsible to ensure that Operator's installation of the Equipment shall not significantly affect the structural integrity of the Tower, and that no such damage results to the Tower due to installation of the Equipment. Owner agrees to furnish Operator, promptly upon Operator's request, with true and accurate copies of all tower analyses, if any, performed on the Tower by Owner within the two years preceding the request and Operator's attachment of antennas or Equipment on the Tower. In the absence of such an analysis or if the most recent analyses are insufficient for Operator's needs, Operator may request a new analysis. If Owner reasonably believes that the structural integrity of the Tower will be effected, Owner may request Operator obtain a new analysis. Owner agrees to cooperate with Operator in acquiring the new analysis of the Tower. if a new analysis of the Tower is requested by Operator or Owner, Operator shall be responsible for coordinating that new analysis by a licensed structural engineer or other party acceptable to Owner, and Operator shall furnish a copy of the analysis to Owner. The costs of the new analysis shall be paid solely by Operator. If Operator requests, Owner shall submit, within 10 days of Operator's request, bids for any needed reinforcement or other work to make the Tower structurally sound. Should Operator not terminate this Agreement under Section 6 Tower Maintenance above, Owner shall reinforce or otherwise make the Tower structurally sound for Operator's use in accordance with such a submitted bid, at Owner's sole costs. 12. Taxes. Operator shall be liable for and shall pay all taxes assessed on, or any portion of such taxes attributable to, personal property and trade fixtures owned or placed by Operator on the Premises or on the Tower. If any such taxes are levied against Owner or Owner's property and if Owner elects to pay the same or if the assessed value of Owner's property is increased by inclusion of personal property and trade fixtures placed by Operator on the Premises or on the Tower and Owner elects to pay the taxes based on such increase, Operator shall pay to Owner upon demand that part of such taxes for which Operator is primarily liable hereunder. Operator agrees to pay to Owner on demand as additional Rent, its proportionate share, adjusted for partial tax years, of all taxes, assessments and governmental charges of any kind and nature whatsoever (hereinafter collectively referred to as the "Taxes levied or assessed against the Premises or the Tower, including but not limited to any leasehold, sales, rent or use taxes, or any taxes in the nature thereof, imposed by any governmental authority, relative to the Premises, this Lease, or the rent or any other charges due or payable under any provisions of this Lease, or as a result of any or all of them, whether imposed on Owner or Operator, including any ad valorem tax which may currently exist or subsequently be implemented but excluding Owner's income, estate or inheritance taxes. Operator's proportionate share of the Taxes shall be computed by multiplying the Taxes by a fraction, the numerator of which shall be the number one and the denominator of which shall be the average annual number of communications carriers with installed equipment on the Tower. If at any time during the term of this lease, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges TX -5434 FM 2351_(TV) Clearwire SLA 3 13 09.doc 3 Pearland CUP (Revised) Page 64 Cldarwire H000284 1411 Broadway TX-5434 FM 2351 "M- H0UO284 levied, assessed or imposed on the Tower or real estate and the improvements thereon, there shall be levied, assessed or imposed on Owner a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents, then all such taxes, assessments, levies or charges, or the part thereof so measured or bated, shall be deemed to be included within the term "Taxes" for the purpose hereof. 13. Liability Insurance. During the Initial Term and all Renewal Terms of this Agreement, Owner and Operator shall each maintain, at its own expense, insurance coverage claims for public liability, personal injury, death and property damage under a policy of general liability insurance, with limits of not less than $1,000,000.00 per person and $2,000,000.00 per occurrence, and property damage insurance of not less than $500,000.00. Such insurance shall insure against liabilities arising out of or in connection withl Owner and Operator's use or occupancy of the Premises and the Tower subject to the standard exceptions found in commercial genekral liability insurance policies. 14. Condemnation. If a condemning authority takes, or acquires by deed in lieu of condemnation, all of the Prjemises, or a portion sufficient to render the Premises or the Tower, in the opinion of Operator, unsuitable for the use which Operator was then making of the Premises or that Tower, Operator may terminate this Agreement effective as of the date the title vests in the condemni g authority. Owner and Operator shall share in the condemnation proceeds in proportion to the values of their respective interests in the Pre ises (which for Operator shall include, where applicable, reasonable moving expenses and prepaid fees). 15. Environmental Matters. (a) Owner represents that, to the best of Owner's knowledge, no Hazardous Materials are presently located on the Premises or Easement, and Owner agrees that it will provide, at no cost or expense to Operator, for the removal of any Hazardous Materials if Hazardous Materials are brought onto the Premises or Easement by Owner, its agents, servants, employees, licensees invitees or contractors. As used in this Agreement, "Hazardous Materials" shall mean any and all contaminants, oils, asbestos, radon, PCB's, hazardous substances or wastes as defined by federal, state or local environmental laws, regulations or administrative orders or other materials the removal of which is required or the maintenance of which is prohibited, regulated or penalized by any federal, state or local government authority If after Operator takes possession of the Premises Hazardous Materials are discovered to exist 6n, under or beneath the Premises, Operator may terminate this Agreement and Operator shall owe no further duties, obligations or liability to Owner. (b) Operator shall comply with all laws, ordinances, rules, orders or regulations applicable to Hazardous Materials. Operator shall not use the Premises or the Easement for treatment, storage, transportation to or from, use or disposal of Hazardous Materials (other than petroleum products necessary for the operation of an emergency electrical generator to serve the Equipment). Operator shall be responsible for any expense incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory requirements caused, directly or indirectly, by the activities of the Operator or Operator's agents, employees or contractors. 16. Hold Harmless. (a) By Owner. Owner agrees to defend, indemnify and hold Operator and its affiliates or subsidiary companies, their officers, agents and employees harmless from and against any and all, costs, charges, expenses, losses, claims, actions, suits, causes of action, judgments and charges of every kind and nature whatsoever, including reasonable attorney's fees, which in any manner arise out of or relate to Owner's use or occupancy of the Premises, or from Owner's performance or failure to perform under this agreement of from any negligence or intentional misconduct by Owner, its subcontractors, agents, servants, employees or any or all of the, or from any defect in the title to the Premises, or from the presence of any Hazardous Materials on the Premises prior to the Commencement Date, or thereafter if brought onto the Premises by Owner or Owner's agents, employees, licensees, invitees or contractors. (b) By Operator. Operator agrees to defend, indemnify and holder Owner and its Affiliates or subsidiary companies, their officers, agents and employees harmless from and against any and all costs, damages, expenses, losses, claims, actions, suits, causes of action, judgment, and charges of every kind and nature whatsoever, including reasonable attorney's fees, which may in any manner arise out of or relate to Operator's use of the Equipment or Premises or the performance or non performance of this Agreement by Operator, Operator's subcontractor's, employees, agent, or assigns, including without limitation, those that may arise out of the use or furnishing of materials, and as to such claims, actions or causes of action arising from or resulting from any negligence or intentional misconduct by Operator, its subcontractors, agents, servants, employees, or any or all of them or from the presence of any Hazardous Materials brought onto the premises by Operator or Operator's agents, employees, licenses, invitees or contractors. Affiliates shall mean any persona or entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with, another person or entity. Control for this definition shall be defined as holding at least a majority of voting power or operating control. This paragraph 16 (b) shall survive termination of this Agreement. Owner shall not in any event be liable in damages for Operator's business toss, business TX -5434 FM 2351_(TV) Clearwire SLA 3 13 09.doc 4 Pearland CUP (Revised) Page 65 Clearwire H000284 1411 Broadway TX -5434 FM 2351 TX- H000284 interruption, or other special, incidental or consequential damages of whatever kind or nature, regardless of the cause of such damages and Operator, and anyone claiming by or through it, expressly waives all claims for such damages. 17. Notices. All notices, requests, demands and other communications hereunder shall be in writing and sh ll be deemed given if personally delivered or mailed, by certified mail, return receipt requested, or by overnight service having a record orreceipt to the addresses indicated below: If to Owner, to: TOWER ASSETS NEWCO R LLC 4091 Viscount Avenue Memphis, Tennessee 38118 (901) 794 -9494 Attn..: William Orgel If to Operator, to: CLEAR WIRELESS, LLC 4400 Carillion Point Kirkland, WA 98003 Attn.: Lease Administration 18. Title and Quiet Enjoyment. Owner represents and warrants to Operator that Owner currently leases or subleases the Premises. Owner represents to Operator that Owner has good and marketable title to its leasehold interest in the Premises a$ warranted to Owner by the fee owner, as the case may be, free and clear of all liens, encumbrances, and exceptions, except those describOd in property and tax records of the county in which the Premises is located. Owner shall warrant and defend same to Operator against the claims and demands of all persons and entities. 19. Assignment. Operator may not assign or delegate its interest in this Agreement without prior written approval by Owner, not to be unreasonably withheld, except that Operator may assign or delegate its rights and obligations under this Agreement to an Affiliate. 20. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns. 21. Compliance with Laws. All installations and operations in connection with this Agreement by either party shall be conducted in accordance with all applicable rules and regulations of the Federal Communications Commission, Federal Aviation Agency, and any other applicable federal, state and local laws, codes and regulations. Operator is solely responsible for the licensing, operation and maintenance of Operator's Equipment, including, without limitation, compliance with any terms of its Federal Communications Commission license with respect to tower light observation and any notification to the Federal Aviation Administration in that regard. Operator's Equipment, transmission lines, and any related devises, and the installation, maintenance and operation thereof, shall not damage the Tower or any property or properties adjoining, or interfere with the use of the Tower and the remainder of the Premises, by Owner or others, and Operator shall defend, indemnify and hold harmless Owner from any such damage. 22. Holding Over. In the event Operator remains on the Tower and in possession of the shelter or building on the Premises after the expiration of the Initial Term or a Renewal Term without executing a new Agreement, Operator shall occupy the Premises month- to- month, subject to all of the terms and conditions of this Agreement insofar as so consistent. 23. Estoppel. Each party agrees to furnish to the other, within 10 days after request, such truthful estoppel information as the other may reasonably request. 24. Miscellaneous. (a) The substantially prevailing party in any litigation arising under this Agreement shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. TX -5434 FM 235I_(TV) Clearwire SLA 3 13 09.doc 5 Pearland CUP (Revised) Page 66 Cleaiwire H000284 1',411 Broadway TX -5434 FM 2351 TX- H000284 (b) This Agreement constitutes the entire agreement and understanding of Owner and Operator, and supersedes all offers, negotiations and other agreements. Any amendments to this Agreement must be in writing and executed by Owner and Operator. (c) If either Owner or Operator is represented by a real estate broker or agent in this transaction, that party shall be fully responsible for any fees or commission due such broker or agent and shall hold the other party harmless from any such claims arising from execution of this Agreement. (d) Owner agrees to cooperate with Operator in executing any documents necessary to protect Operator's rights under this Agreement or Operator's use of the Premises. Operator may record this Agreement or a Memorandum of Agreement executed by all parties. (e) This Agreement shall be construed in accordance with the laws of the state in which the Premises a{e located. (f) If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (g) Each of the undersigned warrants that he or she has the full right, power, and authority to execute this Agreement on behalf of the party indicated. TX -5434 FM 2351_(TV) Clearwire SLA 3 13 09.doc 6 Pearland CUP (Revised) Page 67 Clearwire H000284 1411 Broadway TX -5434 FM 2351 1TX- H000284 WITNESS WHEREOF, Owner and Operator have executed this Agreement effective as of the day and year first bove written. OWNER OPERATOR: TOWER ASSETS NEWCO I1 LLC CLEAR WIRELESS, LLC By: Its: eke h• Its: C'.. Date: S u Date: 3 OWNER: State of Tennessee County of Shelby 1/419 Before me, a otary ublic in and for said State and County, duly commissioned and qualified, person 11y appeared K amm �q of with whom I am personally acquainted, and who, upon oath, acknowledge himselfto be the President of TOWER'ASSETS NEWCO II LLC, the within named Owner, a limited liability company, and th4tt he executed the foregoing instrument for the purposes therein contained, by signing the name of the Nert.by himself asl such officer. Witness my hand, at office, this J� day of May 2009. k y ‘010110011, �1''� °�1 Notary Public 43P r i1�A�e(G My Commission Expires Sept 16, 2009 I 1 1 OPERATOR: lts, tit,�E i� >1N��� o` State of k L 11► L i id/ County of IIIr,% 1B e me, a Notary Public in and for said State and County, duly commissioned and qualified, personally appeared with whom I am personally acquainted, and who, upon oath, acknowledged himselfto be th. WnF111111111nrw ►1 1, 11 4 of CLEAR WIRELESS, LLC, the within named Operator, a corporation, and that he cuted t a foregoing i t t ment for the purposes therein contained, by signing the name of the corporation by himself as such officer. Witness my hand, at office, this day of 11 /v 2009. 1 pi N∎∎\\ \t111 I EL NFS ��L�l1iJ A V! L PG ��s�N /�i .tary Public N" tA% U1ry t TX -5434 FM2351 _(TV)ClearwireSLA31309.doc �It11�WASH\N�� 7 Page 68 Pearland CUP (Revised) Cleawvire H000284 1 411 Broadway TX-5434 FM 2351 !TX- HOUO284 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY AND DESCRIPTION OF PREMISES The property referred to herein as Premises is located within the parent parcel described as follows: TX -5434 FM2351 PARENT TRACT DESCRIPTION: A TRACT OF LAND CONTAINING 1.2438 ACRES OUT OF LOT 6, GEORGE W. JENKINS SUBDIVISION AS RECORDED IN' VOLUME 2, PAGE 20 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD SET FOR THE SOUTHWESTERLY CORNER OF LOT 6, SAID POINT BEING IN THE NORTHEASTERLY LINE OF F.M. ROAD 518; THENCE NORTH 29 Deg. 57' 20" EAST, ALONG AND WITH THE NORTHWESTERLY LINE OF LOT 6, AT 541.15 FEET PAS A 1/2 INCH IRON ROD SET ON LINE, IN ALL A DISTANCE OF 576.76 FEET TO A POINT FOR CORNER IN THE CENTERLIN OF MARY'S CREEK; THENCE FOLLOWING THE CENTERLINE OF MARY'S CREEK: SOUTH 35 Deg. 46' 19" EAST 68.84 FEET; SOUTH 10 Deg. 27' 48" WEST 33.86 FEET; SOUTH 01 Deg. 45' 34" EAST 49.35 FEET TO A POINT FOR CORNER IN THE SOUTHEASTERLY LINE OF LOT 6; THENCE SOUTH 29 Deg. 57' 20" WEST, ALONG AND WITH THE SOUTHEASTERLY LINE OF LOT 6, AT 26.00 FEET PASS 'A 1/2 INCH IRON ROD SET ON LINE, IN ALL A DISTANCE OF 474.57 FEET TO A1/2 INCH IRON ROD SET FOR THE SOUTHEASTERLY CORNER OF LOT 6 IN THE NORTHEASTERLY LINE OF F.M. ROAD 518; THENCE NORTH 60 Deg. 20' 40" WEST, ALONG AND WITH THE NORTHEASTERLY LINE OF F.M. ROAD 518, 100.00 FEE1 TO THE PLACE OF BEGINNING AND CONTAINING WITHIN THESE CALLS 1.2438 ACRES OF LAND. 1 The premises are located generally as indicated in the sketch attached to the Communications Equipment Site Agreement "Agreement as Exhibit A -2. Owner and Operator agree that within thirty (30) days following the full execution of the Option, Operator will replace this Exhibit A -2 with a revised Exhibit A -2 which shall be a metes and bounds legal description of the Premiss, and which shall specifically identify the length and width dimension of the Premises upon which Operator may construct, operate and maintain its Communications Facilities as contemplated by the Communications Equipment Site Agreement. TX -5434 FM 2351_(TV) Clearwire SLA 3 13 09.doc 8 Pearland CUP (Revised) Page 69 I I Cleanvire H000284 1411 Broadway TX -$434 FM 2351 TX- H000284 EXHIBIT "A -2" PRELIMINARY SITE PLAN AND TOWER ELEVATION OF PREMISES TX -5434 FM 1 37212D0G ns wa.aavr ,W AM NI.4.. .1fNK'w' �..,Iln awnw Ww.w Na f >wr� a', I`WOHI"nws. Ti �ara•v.�ws' 1,...10•00 �wv�. to v a 41...1.0. kj;.':-1 t F t r x.m w r....r I oar t f of f w 1d11. t t proposee 7 X m 1 lease woe r' t I l 1 1 j w 1,.,. -'te y �h 1 ,w.rn'•LV 1 i wt i l.M[. u f,1• Y ;y w: 1/1+A 1W i MAN ///1,/.'.., t. sa..•..eaY�1� _..y /7/4'4' w i t d war• troy W 1.M r rilpJh/ 2.11! WMt rf I; I r 'Al% ,:j, ,...o. rA wile M14xa n( a.o.. =1•7 1 1I r a mo o: A -1 j s KA TX -5434 FM 2351 _(TV) Clearwire SLA 3 13 09.doc 9 Page 70 Pearland CUP (Revised) Clearwire H000284 1411 Broadway TX -54 FM 2351 IX- H0UO284 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT DESCRIPTION OF THE CENTERLINE OF A NON- EXCLUSIVE 20' WIDE ACCESS UTILITY EASEMENT: BEING A NON EXCLUSIVE, 20' WIDE ACCESS AND UTILITY EASEMENT CONSISTING OF 3,185 SQUARE FEET OF LAND AND BEING A PORTION OF LAND OUT OF A 1.2438 ACRES TRACT OF LAND OUT OF LOT 6, GEORGE W. JENKINS SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 20 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, THE CENTERLINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 1.2438 ACRE TRACT, SAME POINT BEING IN THE NORTHERLY RIGHT -OF -WAY LINE OF EAST BROADWAY STREET; THENCE SOUTH 60 DEGREES 20 MINUTES 40 SECONDS EAST. ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF SPjID EAST BROADWAY STREET, SAME BEING THE SOUTHERLY LINE OF SAID 1.2438 ACRES, A DISTANCE OF 74.28 FEET 10 THE POINT OF BEGINNING OF THIS DESCRIBED CENTERLINE; THENCE NORTH 29 DEGREES 57 MINUTES 20 SECONDS EAST, DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE 4ND SAID SOUTHERLY LINE, A DISTANCE OF 127.83 FEET TO AN ANGLE POINT; THENCE NORTH 60 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 31.40 FEET TO THE POINT OF TERMINUS OF THIS DESCRIBED CENTERLINE. THE NON EXCLUSIVE 20 FOOT WIDE ACCESS AND UTILITY EASEMENT DESCRIBED HEREON CONTAINING A TOTAL 3F 3,185 SQUARE FEET OR 0.07 ACRES OF LAND MORE OR LESS. The Easement for ingress, egress and utilities across the parent parcel described on Exhibit A to the Agreement will be twenty feet (20') wide and located within the hatch marked area on the sketch below or attached legal easement description of Own is easement. Owner and Operator agree that within thirty (30) days following the full execution of the Option, Operator shall replace (if needed) this Exhibit B with a revised Exhibit B which shall be a metes and bounds legal description of the ingress, egress and utility easement which will specifically identify the location and dimensions of the aforesaid easement. TX -5434 FM 2351_(TV) Clearwire SLA 3 13 09.doc 10 Pearland CUP (Revised) Page 71 Clearwire H000284 1411 Broadway TX-5414 FM 2351 T� C- HOUO284 EXHIBIT "C" OPERATORS PERSONAL PROPERTY AND EQUIPMENT Owner and Operator agree that the attached application listing equipment to be installed will be the approved eq ipment and property that Operator may install under the terms of this Agreement. I i TX -5434 FM 2351_(TV) Clearwire SLA 3 13 09.doc 1 I Pearland CUP (Revised) Page 72 i Clearwire H000284 11411 Broadway .m. GLOBAL TOWER PARTNERS GTP Collocation Application DW4 A Check one: New Addition to Existing Modification PLEASE RETURN THIS APPLICATION TO: (E MAIL IS PREFERRED) GTP Site TX 5434 GTP GTP Site Name: FM 2351 1801 Clint Moore Rd E -Mail: mprewit @gtpsites.com GTP Date Received: Suite 110 Revision Dates: Boca Raton, FL 33487 Office: (512) 294 -2345 RSM Approval: 2/4/09 DARRELL SCHNEIDER Attn: Monty Prewit Fax: (561) 995 -0321 APPLICANT /CARRIER INFORMATION Carrier Name: Clearwire Contact Name: Juli Davis Carrier Site Name: GTP TX -5434 Contact Number: (281) 580 -4100 Carrier Site Number: TX- H000284 Contact Fax: (281) 580 -4108 Carrier Legal Entity Name, Clear Wireless LLC, a Nevada Contact Address: 13131 Champion Drive, Suite 208 State of registration: Limited Liability Company Houston, Texas 77069 Type of entity (LP, LLC, Corp) LLC d /b /a/ (If applicable) Notice Address for Lease: 4400 Carillon Pt., Kirkland, WA Contact E -mail: juli .davis 98003 With copies to: Additional E -mail: Carrier Invoice Address: 4400 Carillon Pt., Kirkland, WA Other: 98003 Carrier Invoice Contact Nancy Sears, Real Estate Carrier NOC# Name, Title, Phone No. (425) 216 -4630 I ADDITIONAL CARRIER INFORMATION Leasing Contact Name /Number: Juli Davis (281) 580 -4100 RF Contact Name /Number: Keith Neff (602) 502 -6658 Construction Contact Name /Number: Gary Oliphant (281) 580 -4100 Emergency Contact Name /Number: Eric Tellier (813) 267 1320 or NOC SITE INFORMATION Latitude: N29 32 43.72 N Existing Structure Type: SST Longitude: W95 13 36.15 W Existing Structure Height: 150 Site Address: ANTENNA COAX Sector 1 2 3 Other (Dish, TMA, GPS) Desired Rad Center (feet AGL) 147' 147' 147' 150' Antenna Quantity 1 1 1 3 Antenna Manufacturer Andrew Antenna Model Attach S c Sheet Weight (per antenna) Antenna Dimensions Quantity of Coax Cables PER ANTENNA 0 0 0 1 Diameter of Coax Cables PER ANTENNA 0 0 0 Orientation /Azimuth (degrees from true north) MMIIIIIIIIIIMMIIIIIIIIIIIMIIIMIIIMIIIIMIII Mechanical Tilt (degrees) Of Channels Antenna Mount Mounting Height (feet AGL) 147' 147' 147 Antenna Mounting Type T -Frame Sector f Platform Low Profile Other Pipe Mount Transmit Frequency 2500 -2686 MHz 2500 -2686 MHz 2500 -2686 MHz 17700 -17750 MHz, 19650 -19700 MHz Receive Frequency 2500 -2686 MHz 2500 -2686 MHz 2500 -2686 MHz 1 7700 -1 77 50 MHz, _19650 -19700 MHz ERP (watts) 25 watts 25 watts f 25 watts 100 Watts Type of Service (i.e. Cellular, PCS, ESMR) WiMax WiMax WiMax WiMax GROUND SPACE REQUIREMENTS Total Ground Area Dimensions Required 7' x 7' x 15' Generator: Diesel Propane Natural Gas (length x width x height in ft.) Pad Dimension (L X W, ft.): Cabinet Pad Dimensions 3 'x 3' Cabinet ManufacturerDDB Unlimited Shelter Pad Dimensions N/A Shelter Manufacturer N/A AC POWER REQUIREMENTS I Voltage 240V AC Single Phase Total Amperage 50A Breaker. 25A Average Current P9Arlatiti IQ.UIP (Revised) Page 73 Clearwire H000284 1 11 Broadway Y, GLOBAL TOWER PARTNERS GTP, Collocation Application �`8ws Psiirlarkt COP (Revised) Page 74 Clearwire H000284 1411 Broadway GLOBAL TOWER PARTNERS Collocation Application ss p WlP Comments: Additional Tower Mounted Equipment Below Sector Other (Dish, TMA, GPS) Other (Dish, TMA, GPS) 150' 150' Desired Rad Center (feet AGL) 3 3 Antenna Quantity Drae Antenna Manufacturer Mot orol Motorola AirpDr gonwav gonwav rizon Antenna Model (Attach Spec Sheet) Compact 451bs Included in Microwave Weight (per antenna) 26" x 14" x 9" 4.75" x 9.3" x 9.3" Antenna Dimensions 2 NA Quantity of Coax Cables PER ANTENNA 5/26" NA Diameter of Coax Cables PER ANTENNA 0, 120, 238 0 120, 238 Orientation /Azimuth (degrees from true north) Mechanical Tilt (degrees) Of Channels 147' 14T Antenna Mount Mounting Height (feet AGL) Antenna Mounting Type T -Frame Sector Platform Low Profile Other Pipe Mount 70 -17750 MHz, Transmit Frequency 19650 -19700 MHz N/A 1 7700 -1 77 50 MHz, Receive Frequency 19650 -19700 MHz 2 Watts 100 Watts ERP (watts) Type of Service (i.e. Cellular, PCS, ESMR) WIMax WiMax Peaftand6c L)R (Revised) Page 75 Clearwire HOUO284 1411 Broadway Supplement F Existing vs. Proposed Pearland CUP (Revised) Page 76 Clearwire HOUO284 1411 Broadway Comparison of existing versus proposed Equipment Cabinets (e) Existing 4 cabinets (p) Proposed 1 additional cabinet Antennas (e) Existing 15 antennas (p) Proposed 10 additional antennas Square Footage (e) Existing 1200 sq ft. (p) Proposed 49 additional sq ft. (4.08 Structural Loading (e) Existing (p) Proposed 105% Pearland CUP (Revised) Page 77 Clearwire HOUO284 1411 Broadway Supplement G Tower Map 1 mile radius Pearland CUP (Revised) Page 78 Clearwire H000284 1411 Broadway DELORME DeLorme Street Atlas USA® 2009 Towers within 1 mile of H000284 `cs-4‘ �(��0e P Pe\ ?S 00 ro G¢ �9 ti>y R G} Cleo _(;reek o P 4 1 004* `��0 O X1E FP RD 'PA `m yOS tyi` O C ti EK Oa ��,F¢- z R G r cR C F F R C ,P OO f R�.c `t'j a ("1 G 4 G 9 S Z MCDONALD ST L S>• f C o` 9 FF 'F ���L F CR R F F, f o�� 4'. C 0 9� RO 2 P PF �S t,`' O O e MEADOW CREEK DR O �0 G Y ,o J• 4 2 O 0 n 02, WINDING CREEK DR Z 0e" v`,J M G M F ^7 C JE n Radius 1.00 mi C,0 R9 y GR 4 ee"? 4 Ric, P 9G {S> T F 0 PRAIRIE CREEK DR B R 9 A, 4 <ry c S 1- C q TIMBER CREEK DR C> 3 4 O .0 �9P C y •0 ST m c> a F M 518 Tower 2 j 4� o F 0 F OA 4 R o c M 2 r ",a. C,' AT &T T ower Asa hF< .y F� o f F C ii-/ C e GTP T sp I FS 0' y T 0! 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DeLorme Street Atlas USA® 2009. .+r+ •O 180 040 000 m www. delorme.com 1" 1,600.0 ft o Data Zoom 13-4 Pearland CUP (Revised) Page 79 Clearwire H000284 1411 Broadway Code Response 1 Tower Ordinance Pearland CUP (Revised) Page 80 Clearwire H000284 1411 Broadway Chapter 2 Division 5: Telecommunications Towers Antennas Section 2.5.5.2 Conditional Use Permit Required (e) Application Requirements. An application for a conditional use permit for a tower, antenna, or use of an alternative tower structure must be made to the Planning Department. An application will not be considered until it is complete. A complete application must contain the following: (1) An inventory of the applicant's existing towers that are either within the City or within one mile of the corporate limits, specifying the location, height, and design of each tower. The Planning Department may share the information with other applicants for a conditional use permit under this article. APPLICANT DOES NOT HAVE ANY EXISTING TOWERS WITHIN THE CITY OR WITHIN ONE MILE. CLEARWIRE IS NEW TO THE HOUSTON MARKET AND DOES NOT CURRENTLY HAVE AN OPERATING NETWORK IN THIS AREA. (2) Site plans to scale specifying the location of tower(s), transmission building and other accessory uses, street access, parking, fences, landscaped areas, and adjacent land uses. ATTACHED TO CUP APPLICATION AS EXHIBIT D. (3) A report from a professional structural engineer licensed in the State of Texas documenting the following: a. Tower height and design, showing a cross section of the tower structure. b. Total anticipated capacity of the tower structure, including the number and types of antennas which can be accommodated. ATTACHED AS SUPPLEMENT D. THE TOWER 15 RATED AT 105 WHICH IS DEEMED TO BE STRUCTURALLY ACCEPTABLE ACCORDING TO THE BUILDING CODE THAT HAS BEEN ADOPTED BY THE CITY. (4) A letter of intent to lease excess space on the tower and to lease additional excess land on the tower site when the shared use potential of the tower is absorbed, if structurally and technically possible. CLEARWIRE IS SUBLEASING SPACE AND IS NOT THE TOWER OWNER. CLEARWIRE HAS NO ABILITY TO CONTROL ANY ADDITIONAL LEASE AREAS. (5) Each applicant must make a good faith effort to substantially demonstrate that no existing towers could accommodate the applicant's proposed antenna by doing the following: CLEARWIRE IS COLLOCATING ON AN EXISTING TOWER AND IS NOT BUILDING A NEW TOWER. (6) Any other information which may be requested by the Planning Department to fully evaluate and review the application and the potential impact of a proposed tower or antenna. Section 2.5.5.6 Shared Use (a) No Permit Required. To encourage shared use of towers, no building permit or conditional use permit is required for the addition of antennas to an existing tower so long as the height of the tower or structure on which the antenna is placed is not increased and the requirements of this article are met. IN SUPPORT OF THE CITY'S INTENT TO PREVENT THE PROLIFERATION OF UNNECESSARY TOWERS, CLEARWIRE HAS SOUGHT TO UTILIZE AS MANY EXISTING TOWERS AND STRUCTURES AS POSSIBLE. ALL OF THE PROPOSED SITES IN THE CITY LIMITS WILL BE COLLOCATIONS. THE HEIGHT OF THE TOWER IS NOT BEING INCREASED, NOR IS THE EXISTING SITE BEING EXPANDED. THIS APPLICATION IS BEING SUBMITTED UNDER PROTEST, AS THIS SHARED USE CLAUSE SEEMS TO INDICATE NO CUP IS REQUIRED FOR COLLOCATION. Pearland CUP (Revised) Page 81 Clearwire H000284 1411 Broadway Section 2.5.5.8 Pre Existing Towers Non Conforming Uses. (a) Operative Towers. All communications towers that are operative prior to the effective date of this UDC and that do not comply wholly with the requirements of this division are allowed to continue their present usage as a nonconforming use and are treated as a non conforming use in accordance with Chapter 2, Article 7 of this UDC. Routine maintenance is permitted on the existing towers. Construction other than routine maintenance on an existing communication tower must comply with the requirements of this UDC. THIS TOWER HAS BEEN IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS UDC (APPROXIMATE DATE OF CONSTRUCTION WAS 1996). CLEARWIRE'S INSTALLATION WILL FULLY COMPLY WITH THE RULES AND REGULATIONS AS DEFINED IN THE UDC. Pearland CUP (Revised) Page 82 Clearwire HOUO284 1411 Broadway Code Response 2 Zone District GC Pearland CUP (Revised) Page 83 Clearwire H000284 1411 Broadway Section 2.4.4.5 GC, General Commercial District (a) Purpose. The General Commercial District (GC) is intended to permit a wide variety of businesses characterized by those uses that may require an extensive amount of land for the conduct of business and /or that may require outside storage areas. (b) Authorized Uses. The following are authorized uses under the regulations established in this chapter: (1) Permitted and conditional uses as authorized in the Land Use Matrix in Article 5, Division 2 of this Chapter 2; THIS USE IS LISTED AS "CONDITIONAL" IN THE MATRIX. (2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2. (c) Area Regulations. (1) Size of Lots: a. Minimum LotSize Twenty -two thousand and five hundred (22,500) square feet in area. b. Minimum Lot Width One hundred and fifty feet (150'). c. Minimum Lot Depth One hundred and twenty -five feet (125'). THE EXISTING SITE PRE -DATES THE ZONING ORDINANCE AND THIS APPLICATION IS NOT CREATING A NEW LOT. A VARIANCE APPLICATION WILL BE SUBMITTED AS NEEDED FOR THE MINIMUM LOT WIDTH: REQUIRED 150' ACTUAL— 100' (2) Size of Yards: a. Minimum Front Yard Twenty -five feet (25') b. Minimum Side Yard 1. Ten feet (10'), except as provided below. 2. Twenty -five feet (25') if side yard abuts a residential zoning district or a public right -of -way. c. Minimum Rear Yard Twenty -five feet (25') CLEARWIRE'S INSTALLATION WILL NOT ALTER THE SITE'S EXISTING SETBACKS. A VARIANCE APPLICATION WILL BE SUBMITTED AS NEEDED FOR EXISTING STRUCTURES THAT ENCROACH ON THE 10' SIDE SETBACKS AND THE PARKING LOT THAT ENCROACHES ON THE 25' FRONT SETBACK. (d) Height Restrictions. No building shall exceed forty -five feet (45') in height. Additional height may be approved through a Conditional Use Permit (CUP). THE TOWER ORDINANCE (CH. 2, DIV. 5) CONTROLS HEIGHT OF TOWERS. THE EXISTING SITE PRE -DATES THE ZONING ORDINANCE. (e) Outdoor Activities or Uses. In connection with any permitted use, there shall be allowed outdoor activities or uses subject to the following limitations: Pearland CUP (Revised) Page 84 Clearwire H000284 1411 Broadway (1) Except as provided below, out of doors display, storage and sale of merchandise, equipment and vehicles shall be permitted. (2) Out of doors display, storage and sale of merchandise, equipment and vehicles shall not be permitted on property adjacent to a residential zoning district. a. Such activities /uses shall be permitted on such property upon City Council approval of a Conditional Use Permit (in accordance with Article2, Division 3 of this chapter) authorizing said activities /uses. b. Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining a CUP and providing screening pursuant to Section 4.2.4.1 (d). In no case shall outdoor storage be permitted along any yard that abuts any street or public right -of -way. No RETAIL ACTIVITIES OR MERCHANDISING WILL TAKE PLACE AT THIS SITE. OUTDOOR STORAGE WILL NOT BE UTILIZED. (f) Fences Screening. Fences and screening shall be provided and maintained as set forth in Chapter 4, Article 2, Division 4 of this UDC. PER SECTION 4.2.4.2. C THIS INSTALLATION WILL NOT IMPACT MORE THAN 50% OF THE EXISTING AREA. CLEARWIRE'S FOOTPRINT IS 49 SQUARE FEET (4.08 THE EXISTING SITE IS APPROXIMATELY 1,200 SQUARE FEET. (g) Parking. Parking and loading shall be provided in conformance with Chapter 4, Article 2, Division 1 of this UDC. CLEARWIRE'S INSTALLATION DOES NOT CREATE A HABITABLE STRUCTURE OR OTHERWISE COMMERCIALLY USABLE SPACE. (h) Access. Access shall be provided in accordance with the City's Engineering Design Criteria Manual (EDCM). CLEARWIRE WILL UTILIZE THE EXISTING ACCESS. (1) Refuse Containers. All refuse and refuse containers shall be screened from the view of adjacent public streets and from the view of any adjacent single family, patio home, townhouse, and /or multiple family development(s). Such containers shall not be located within the front yard area, and shall be to the side or rear of the lot. No REFUSE CONTAINERS WILL BE INSTALLED. Pearland CUP (Revised) Page 85 Clearwire H000284 1411 Broadway (j) Adjacent to a Single- Family Use or Zoning District. When a nonresidential development is established on a tract of land that is adjacent to a single family development or to property zoned for single family use, there shall be a twenty -five foot (25') wide landscaped buffer along the property line that is adjacent to such use or district. The landscaped buffer shall remain open and unobstructed (i.e., no parking, driveways, or other use of the buffer area), and shall be planted with ground cover, such as grass or ivy. This landscaped buffer may be located with the required yard /setback area. THIS PROPERTY IS ADJACENT TO A SINGLE FAMILY RESIDENTIAL (R -1 BRIARGLEN) AREA, ON THE NORTH SIDE. THE EXISTING LOT CONTAINS SEVERAL HUNDRED FEET OF VEGETATION BETWEEN THE TOWER SITE AND THE RESIDENCES NORTH OF MARY'S CREEK. Pearland CUP (Revised) Page 86 Clearwire HOUO284 1411 Broadway Code Response 3 Site Development Pearland CUP (Revised) Page 87 Clearwire H000284 1411 Broadway Chapter 4 Article 2: Development Standards Division 2 Landscaping Section 4.2.2.3 Applicability to New and Existing Developed Areas (b) Existing Development Areas; Nonconformance. (1) All property with existing development on the effective date of the ordinance from which this division derives which is not in compliance with this division shall be considered nonconforming and allowed to continue until the time a building permit is granted to reconstruct or enlarge an existing structure on the property to an extent exceeding five hundred (500) square feet of the exterior dimensions of the structure. At that time. this division shall apply to the previous existing parcel areas as well as any new paved areas. and the areas shall be brought into compliance. A plan showing existing and new development and the proposed landscaping shall be submitted in accordance with this division. In order to encourage early landscaping in existing paved areas and the preservation of trees that are already established and growing in these areas an additional credit shall be given in accordance with Division 3 of this Chapter. (2) No structure existing on the effective date of this Code from which this division derives shall be required to be altered or moved in order to comply with this division except for reconstruction. (3) Also see Article 1, Division 3 of this Chapter for further requirements related to structural and parking related expansions. 1. CLEARWIRE'S PROPOSED INSTALLATION IS LESS THAN 500 SQUARE FEET, THUS THE EXISTING DEVELOPMENT IS NOT REQUIRED TO BE BROUGHT INTO COMPLIANCE. 2. THE TOWER IS NOT BEING RECONSTRUCTED AND WAS BUILT PRIOR TO THIS CODE'S EFFECTIVE DATE. Division 3 Tree Mitigation Section 4.2.3.3 Approval Required for Tree Removal No person directly or indirectly shall cut clown remove. move, or destroy through damaging the roots. trunk or canopy, any tree situated on property regulated by this division without first submitting a Tree Survey and obtaining approval of a Tree Disposition Plan. unless otherwise exempted by the provisions of Section 4.2.3.4(b) of this division. No TREES WILL BE IMPACTED BY THIS INSTALLATION, AS THE COMPOUND ALREADY EXISTS. THIS INSTALLATION WILL NOT ENLARGE THE EXISTING FACILITY. Pearland CUP (Revised) Page 88 Clearwire H000284 1411 Broadway Section 4.2.3.6 Submittal Requirements (a) The City Manager or hiss her designee shall establish administrative procedures necessary to facilitate the implementation and enforcement of this division. These procedures shall include the fallowing: (1) Tree Disposition Plan /Tree Survey: Must be submitted and approved prior to the removal or destruction of any tree. (2) An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. (3) Aerial photograph interpretation may supplant the ground survey for preliminary analyses of large scale developments. such as subdivisions, utility corridors, and golf courses, at the discretion of the City. Large -scale developments are also required to include impact areas where existing trees are located. No TREES WILL BE REMOVED AS A RESULT OF THIS INSTALLATION. Division 4 Screening and Fencing Section 4.2.4.2 Screening for Utility Support Structures and Stations (a) Applicability. This section shall apply to all utility support structures or stations located on private property regardless if there is an easement or other form of agreement between the utility company or property owner. (b) Support Structures and Stations Defined. These shall include. but not be limited to. any switching equipment. lift stations. pipe valves connected to pipes above ground. boxes or cabinets, cabling equipment or wiring above ground. transmitting equipment. control rooms. control cabinets, etc. Utility poles and transformers and like appurtenances attached to utility poles more than ten feet (10') above the ground are not considered a support structure or station. (c) Regulations. A utility support structure or station located on private property or outside a public street right of way must have proper screening. The construction or modification of an existing utility support structure or station equal to more than fifty percent (50 of its value or area, must provide screening meeting one of the following: THIS INSTALLATION WILL NOT IMPACT MORE THAN 50% OF THE EXISTING AREA. CLEARWIRE'S FOOTPRINT IS 49 SQUARE FEET (4.08 THE EXISTING SITE IS APPROXIMATELY 1200 SQUARE FEET. Pearland CUP (Revised) Page 89 Exhibit "B" Location Map Ordinance No. 2000CUP -42 I,.Or v ti 1 W Q fi t y. TT i r Y (t, i S ct tF t= l 9 4 r z Ca s r t�y �7 F n. �a f j i' �r a,i n. A J �t a z: F r s e a 1e. fit' :fit C ;4. 4i7 rt fi ..E i ".47"--' s. i “1-'7 ;;I:: .y R o 'it.,- ,1 at 1 PiiAiRiQ �t sz, 4.,,-:.-1".„; 'S dP t t a zt^`" t v Z d f. 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IM x y y. ;S til, 401 r a k z J0 e .4 S >r s:, A A P ?i tt .�T� x. x p '{p" ky t a a w, i 4 •,r4..1,,/,' d' 4'� t S a �f Q f rr'< cf� It. !9i' X I: x v 1 0 v'Y 4. k- r t x 41'7.-.• k r r C it M y 7 T 1 u r 0! t f '41�! 1 4 �J d Sly lit t t V it 'sk Y t f,� }f 4 ti ti A i 4 `'-r is a��^ h e r ►w t r'., f �r f r y t cs7 s .ik T x y 1. �sadOS p rt, t P W n �a .1 t T VICINITY MAP CONDITIONAL USE PERMIT 2010 -01 NORTH 1411 BROADWAY PEARLAND, TEXAS Exhibit "C" A FFIDAVIT OF PUBLI Ordinance ce N No o tions 2000CUP -42 The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria Harris and Galveston Counties, for issues, as follows: No. Date 3 20 /0 No. Date 20 No. Date 20 No. Date 20 No. Date 20 ,21/ 4e1) tr CFO F Subscribe and sworn to before me this day of c4 20 ii' g 1lr, :�d� t gp[� ANN E /gyp y r 2 p n, �_lR e3lTi v2 Pt �78� L: t:�ld d'��Y of r)lic State of Ina? 1 LN1 "E MV i;, Expires 09-09-20' Laura Ann Emmons, Publisher Notary Public, State of Texas OAP ao o-o Published March 31, 2010 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT NO. CUP 2010-01 Notice is hereby given that on April 19, 2010, at 6:30 p.m., the City Council and Planning and Zoning Commission 3 of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Blake Griggs with Clear Wireless LLC., applicant for Steve Townsend owners, for a conditional use permit to allow the co- location of cellular antenna on an existing tower located within the General Com- mercial (GC) Zoning District, on the following described property, to wit: Approximately 1.24 acre (53,811 square feet) parcel situated in the Perry Austin League, Abstract 111, Brazoria County, Texas, and being all of a called 1.2438 acre tract con- veyed to Steve Town- send by Deed recorded under Volume 1441, Page 979 of the Bra zoria county Official Public Records. (Gene- rally located at: 1411 Broadway, Pearland, TX). At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Angela Gantuah Senior Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Lloyd Morrow, hereby certify that the notice he in general a n THE REPORTER NEWS, a newspaper of reby appended was published and Galveston Counties, for circuaation in Brazoria, Harris issues, as follows: No Date V^ -28 No. 20 20 No Date 20 No Date No Date 20 6 1; `ig CFO V Subscribe and sworn to before me this �q day of e y f wc=xxxvoird kYP„ LAURA ANN EMJ LO Notary Public, Sta �ts �4 Commission Row s 'Laura Ann Emmons Publisher Notary Public, State of Texas cabo to -o, ublished April 28, 2010 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS CONIDTIONAL USE PERMIT NO. CUP 2010 -01 Notice is hereby given that on May 17, 2010, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Blake Griggs with Clear Wireless LLC., applicant for Steve Townsend owners, for a conditional use permit to allow the co- location of cellular antenna on an existing tower located within the General Commercial (GC) Zoning District, on the following described property, to wit: Approximately 1.24 acre (53,811 square feet) par- cel situated in the Perry Austin League, Abstract 111, Brazoria County, Texas, and being all of a called 1.2438 acre tract con- veyed to Steve Town- send by Deed recorded under Volume 1441, Page 979 of the Brazoria county Official Public Records. (Gener- ally located at: 1411 Broadway, Pearland, TX). At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Angela Gantuah Senior Planner Exhibit "D" P &Z Recommendation Letter Ordinance No. 2000CUP -42 1 P1 annin one Coininission Recommendation Letter June 23, 2010 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2010 -01 Honorable Mayor and City Council Members: At their meeting of June 21, 2010, the Planning and Zoning Commission considered the following: Blake Griggs with Clear Wireless LLC., applicant for Steve Townsend, owners, for a conditional use permit to allow the co- location of cellular antenna on an existing tower located within the General Commercial (GC) Zoning District, on the following described property, to wit: LEGAL DESCRIPTION: Approximately 1.24 acre (53,811 square feet) parcel situated in the Perry Austin League, Abstract 111, Brazoria County, Texas, and being all of a called 1.2438 acre tract conveyed to Steve Townsend by Deed recorded under Volume 1441, Page 979 of the Brazoria county Official Public Records. GENERAL LOCATION: Located at 1411 Broadway Street, Pearland, TX. At the regular meeting of the Planning and Zoning Commission on June 21, 2010, Commission Richard Golden made a motion to approve the Conditional Use Permit (CUP) with the condition that where the tower site was visible from Broadway in any direction, the site shall conform to all requirements of the UDC and the Corridor Overlay District. The motion was seconded by Commission Member Darrel Diggs. The vote was 5 -1 and the motion passed. The Planning and Zoning Commission recommended approval of the CUP. Planning and Zoning Commission Member Richard Golden opposed, as he felt that this was making it more difficult for the applicant to co- locate at this location as they are not the tower owners. Sincerely, Angela Gantuah, Senior Planner On behalf of the Planning and Zoning Commission Page 1