Document Moscow_doc_af0232cbdc

WIRELESS COMMUNICATION FACILITY AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND CINGULAR WIRELESS RESIDENCE STREET WATER TOWER THIS Agreement is made and entered into, this day of AlvJ;St2003, by and between CITY OF MOSCOW, IDAHO a municipal corporation of the state of Idaho, J(hereinafter called "CITY") and CINGULAR WIRELESS, a Company, (hereinafter "CINGULAR"), and for good and valuable consideration the parties agree as follows: SECTION I: Property. Subject to the following terms and conditions, CITY allows and permits CINGULAR WIRELESS to use certain designated space on one of CITY'S water towers and certain designated space adjacent to that water tower for the purposes set forth in Section 2. The location of CITY'S water tower and the adjacent space for the use permitted herein is more particularly described in Exhibit artached hereto. SECTION 2: Permitted Use. CINGULAR WIRELESS may construct, operate, maintain, repair, and remove a "vreless communication facility (WCF) on the property more particularly described in Section I herein. The WCF will include the following components: a. Compound of fifteen feet (15') by twenty seven feet (27') on ground level. b. Antennas - Six panel antennas, and one donor antenna located on the existing water tank cat walk railing and associated coaxial cable connection to the equipment vault. Antennas are to be mounted in a manner approved by CITY. Isolation rubber shall be approved by CITY prior to installation. Antem1a cables are to be artached to the tank in a manner approved by CITY, cables and brackets shall be located in areas that will not unduly interfere Mth the cat-walk. All work to be done by a contractor approved by CITY. c. Underground power line and related components. The location and orientation of CINGULAR WIRELESS' space on CITY'S water tower and the property adjacent to CITY's water tower is as shown on Exhibit attached hereto. SECTION 3: Term. The initial term of this permission shall be for five years, commencing the date of the execution of this Agreement or the date Cingular Wireless has commenced construction at the site, whichever is later, by both parties and terminating at midnight on the last day of the month in which the fifth annual anniversary of the commencement date shall have occurred. Subject to CITY's approval, CINGULAR WIRELESS shall have the right to renew this Agreement for five additional five year periods upon the same terms and conditions contained in this Agreement. The sums payable for usage of the tower and the property adjacent thereto shall be adjusted at the end of each five year period for the ensuing five year period as set forth in Section 4.2. SECTION 4: Fee. l11e fue under this Agreement shall consist of a monetary fee as follows: 4.1 Annual Monetary Fee. Upon the commencement date, CINGULAR WIRELESS shall pay to CITY the sum of Seven Thousand Two Hundred and No One-Hundredths Dollars ($7200) per year and thereafter a like sum on each anniversary date during the initial term of this agreement. C!NGULAR WIRELESS I CITY • 2003 WIRELESS COMMUNICATION FACILITY AGREEMENT- RESIDENCE STREET WATER TOWER PAGE1 0F9 2003-31 ---PAGE BREAK--- 4. 2 Monetary Fee Adjustments. The annual monetary fee shall be adjusted upward or do\Vnward for each five ( 5) year period during the term of this Agreement, but not below the base monetary fee established in 4. I. The increase or decrease shall be effective at the conclusion of each fifth anniversary of the commencement date provided for in Section 3 (the "adjustment date") for the next ensuing five year period. The adjustment shall be calculated by CI1Y using the Consumer Price Index for All Urban Consumers (CPI-U): West - Size Class B/C. The base period, for purposes of such adjustment, shall be the month the permit commences. The CPI-U in effect for the fifth month preceding each renewal shall be used to determine the adjustment to be made from the base period during the life of the Agreement The adjusted rent shall be payable commencing on the anniversary date and shall continue through the ensuing five year period of this Agreement. If said Consumer Price Index is replaced by a new federal statistic, said new statistic shall be used in determining rental adjustments. CI1Y shall provide said notice and supporting data for the annual adjustment. SECTION 5: Recovery of Costs. CINGULAR WIRELESS shall: 5. I Reimburse CI1Y for any and all costs CI1Y reasonably incurs in responding to any emergency caused by CINGULAR WIRELESS' wireless communication fucility. 5.2 Rein1burse CI1Y for its proportionate share for all expenses and costs, including CI1Y personnel salary and benefits, incurred by CI1Y in planning, constructing, installing, repairing or altering any CI1Y facility which becomes reasonably necessary as the result of the presence of the WCF permitted by this Agreement SECTION 6: CINGULAR WIRELESS' Responsibilities. 6. I CINGULAR WIRELESS agrees to comply with Moscow City Ordinance Section 4-6-31 and Resolution No. 2001-02, as those currently exist and any amended Moscow City Ordinance Section 4-6-3 and related CI1Y Council Resolutions existing at the time of subsequent renewals of this Agreement relating to the safety of the public and employees of CI1Y or of CINGULAR WIRELESS; provided that if CINGULAR WIRELESS seeks to modifY or change its WCF facilities requiring compliance with CI1Y'S Zoning Code, then its WCF shall meet the then existing requirements relating to its WCF. 6.2 CINGULAR WIRELESS shall pay all costs involved in the construction, operation, maintenance, repair, and removal of the W CF permitted under this Agreement. CINGULAR WIRELESS shall have a representative inspector on-site during the installation process, including when work is being done by any subcontractor. 6.3 CINGULAR WIRELESS shall comply with all applicable CI1Y, county, state, and federal laws, ordinances, and regulations regarding the use permitted under this Agreement; and, obtain all appropriate permits, approvals, and certifications at CINGULAR WIRELESS' o"n expense. 6.4 CINGULAR WIRELESS shall not do anything or allow anything to be done on the property described in Section I and CI1Y'S water tank located thereon which would in C!NGULAR WIRELESS I CITY • 2003 WIRELESS COMMUNICATION FACILITY AGREEMENT· RESIDENCE STREET WATER TOWER PAGE20F9 ---PAGE BREAK--- any way compromise the integrity of CITY'S water tank or CITY'S water system. Prior to construction of the WCF or any associated component, CINGULAR WIRELESS will submit for review and approval by the Public Works Director or designee, plans and specifications for the proposed work. 6.5 Whenever construction, maintenance, repair, operation, or removal of the WCF or facilities authorized by this Agreement has caused or contributed to a condition that appears to the Public Works Director or designee to impair or endanger CITY property or utilities, the Public Works Director or designee may direct CINGULAR WIRELESS, at CINGULAR WIRELESS' own expense, to take action to protect CITY property or CITY utilities. Such action may include compliance within such time as may be prescribed by the Public Works Director or designee. The prescribed time will be reasonable and related to the seriousness of what needs correcting both of which will be determined solely by the Public Works Director or designee. In the event that CINGULAR WIRELESS fails or refuses to take the actions directed by the Public Works Director or designee; or fails to fully comply with such directions; or if emergency conditions exist which require immediate action, CITY may enter upon CJNGULAR WIRELESS' WCF, located on the property described in Section I, and take such actions as CITY in its sole discretion considers appropriate in order to protect CITY property or its utilities from a threat of immediate physical harm by CINGULAR W1RELESS' WCF, and CINGULAR WIRELESS shall be liable to CITY for the costs thereof. 6.6 This Agreement contemplates that both CITY and CINGULAR WIRELESS will from time to time need to do maintenance on their respective facilities. It further contemplates that mutual reviews of plans for construction or maintenance will occur in order to coordinate and accommodate such work and maintenance. Consistent with this approach, CINGULAR WIRELESS shall take any and all steps necessary to allow CITY to carry out ongoing required maintenance in an efficient and safe manner. For example, during painting of the tank, this requirement could include covering possible extra costs for the contractor to deal with the antennas and cable on the tank. Any required work on CITY components such as protection, removal, or relocation to allow maintenance of CINGULAR WIRELESS' facilities will be done only with the prior approval of the Public Works Director or designee at no cost to CITY. The present essential function of this CITY property, as noted in Section 8 of this Agreement, is the storage and conveyance of CITY potable water supplies. The approval of CINGULAR W1RELESS' plans for a WCF and associated components on this water tank property will be based on currently adopted long-range planning. Even so, over time, the needs of CITY may change and thus other functions may be added or exchanged for the existing function to maintain essential services to the citizens of Moscow. However, in the event CITY requires either temporary or permanent relocation of CINGULAR WIRELESS' WCF or any of its components, in order to maintain or carry out any or all of the essential CITY functions of the site, including any decision to demolish or remove the tank, CINGULAR WIRELESS shall make such changes at CINGULAR WIRELESS' sole expense. CITY will, to the extent practical in non-emergency situations, provide CINGULAR WIRELESS with a written request for relocation changes at least one hundred eighty (180) calendar days in advance. 6.7 CINGULAR WIRELESS shall be solely responsible for inspecting the ladder system on CITY'S water tower for safety before allowing its employees or contractors to use the CtNGULAR WIRELESS! ClTY - 2003 WiRELESS FACiLITY AGREEMENT- RESIDENCE STREET WATER TOWER PAGE30F 9 ---PAGE BREAK--- ladder system. CITY DOES NOT MAKE AND WILL NOT MAKE ANY REPRESENTATION WHATSOEVER AS TO THE SAFETY CONDITION OF THE LADDER SYSTEM ON CITY'S WATER TOWER FOR THE PURPOSE OF THE USE INTENDED BY CINGULAR WIRELESS OR ANYONE ACTING FOR OR ON BEHALF OF CINGULAR WIRELESS. 6.8 Under-grounding of electrical service to serve the WCF permitted under this Agreement is required by this Agreement on the property described in Section I and in the public right-of-way serving the entrance to said property. All costs of obtaining electrical service to the WCF and tbe under-grounding thereof as herein required shall be the sole obligation of CINGULAR WIRELESS and not CITY. The location of tbe electrical service meter shall be approved by CITY. SECTION 7: Ingress and Egress Rights. 7.1 CITY grants to CINGULAR WIRELESS, a nonexdusive right for ingress and egress across CITY's property described in Section I, subject to twenty-four (24) prior written notice to CITY for scheduled or routine maintenance, construction, servicing, and/or repair. Such twenty-four (24) hours prior written notice to CITY does not apply to emergencies. In case of an emergency, CINGULAR WIRELESS shall notifY CITY of entry as soon as practicable following CINGULAR WIRELESS' first notice of such emergency. 7.2 CINGULAR WIRELESS, upon written permission from Public Works Director or designee, may, at CINGULAR WIRELESS' own cost, make such improvements as it may deem necessary in and to any access way controlled by CITY used for access to and egress from the WCF. CINGULAR WIRELESS shall, at its own cost, repair to CITY standards any damage resulting from its use. 7.3 Should CINGULAR WIRELESS require the assistance of CITY or the presence of CITY employees, agents, contractors, or subcontractors, in support of construction, maintenance, servicing, repair, and/or removal of it's WCF, CINGULAR WIRELESS shall compensate CITY for costs and services rendered by CITY. 7.4 CITY retains the right to enter into its property and onto Residence Street Water Tower at any time without notice to CINGULAR WIRELESS of CITY'S intent to so enter. Nothing in this Agreement shall limit or be interpreted to limit the CITY'S right to access to its own property or to appurtenances, attachments or fixtures thereto. 7.5 CINGULAR WIRELESS shall, at all times other than during an emergency, require the presence of a CITY employee when performing any services which require CINGULAR WIRELESS to be physically present on the Residence Street Water Tower. SECTION 8: Memorandum. Upon request, either party may require that a Memorandum of Lease attached as Exhibit C be recorded confirming the Lease commencement, (ii) expiration date of the Term, and (iii) the duration of any Renewal Terms. SECTION 9: Nonexclusive Grant. This Agreement and the pennission granted hereunder shall not in any manner prevent CITY from emering into other agreements for uses similar to the use herein permitted or prevent CITY from granting or entering into other agreements for uses on, under, across, or CiNGULA.R WIRELESS I CiTY - 2003 WiRELESS COMMUNICATION FACILITY AGREEMENT- RESIDENCE STREET WPTER TOWER PAGE40F 9 ---PAGE BREAK--- over the property described in Section I of this Agreement whether or not those uses be similar to the use permitted hy this Agreement This Agreement shall in no way prevent or prohibit CITY from using said property as CITY in its sole discretion considers appropriate, or affect its jurisdiction over it. CITY shall retain the exclusive power to make all necessary changes, relocations, repairs, maintenance, establishment, and improvement of and to CITY facilities within said property. It is understood that the primary use of the CITY'S water tower is a public use, which is to provide water to water users, and CINGULAR WIRELESS' use of the CITY'S water tower is secondary and subordinate to that public use. It is further understood that any agreements entered into by the CITY and parties not a party to this Agreement will not unreasonably interfere with the use permitted to CINGULAR WIRELESS under this Agreement. SECTION 10: Insurance. CINGULAR WIRELESS shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to CINGULAR WIRELESS, its agents, representatives or employees. Throughout the term of this Agreement, CINGULAR WIRELESS shall provide an insurance certificate, together with an endorsement naming CITY, its officers, elected officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the CITY for its inspection and approval prior to the commencement of any work or installation of any facilities pursuant to this Agreement, and such insurance certificate shall evidence: CITY. lOa. Automobile Liability insurance with limits no less than One Million Dollars ($1,000,000) Combined Single Limit per accident for bodily injury and property damage; and I Ob. Commercial General Liability insurance, written on an occurrence basis with limits no less than One Million Dollars ($1,000,000) combined single limit per occurrence and Two Million Dollars ($2,000,000) aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU); and employer's liability. The above coverage may be provided, in part, through an umbrella policy, with the approval of Any deductibles or self-insured retention must be declared to and approved by CITY. Payment of deductible or self-insured retention shall be the sole responsibility of CINGULAR WIRELESS. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, elected officials, agents, employees, representatives, consultants or volunteers. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. CINGULAR WIRELESS' insurance shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance maintained by CITY for or by its officers, officials, employees or volunteers shall be in excess of CINGULAR WIRELESS' insurance and shall not contribute with it. The insurance policy or policies required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to CITY. The insurance certificate shall contain language evidencing these requirements. CiNGULAR WIRELESS I CiTY 2003 WiRELESS COMMUNICATION FACIL!TY AGREEMENT- RESIDENCE STREET WATER TOWER PAGE 5 OF 9 ---PAGE BREAK--- SECTION 11: Indemnification. CINGULAR WIRELESS hereby releases CITY and covenants not to bring suit and agrees to indemnify, defend, and hold harmless CITY, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by CINGULAR WIRELESS' own employees to which CINGULAR WIRELESS might otherwise be immune, arising from the installation, use, operation, maintenance, repair, interruption of service, or removal of CINGULAR WIRELESS' WCF permitted under the terms of this Agreement except for claims based on the sole negligent and intentional acts of CITY, EXCEPT THAT CINGULAR WIRELESS SHALL HOLD CITY HARMLESS AND INDEMNIFY IT AGAINST ANY LOSS FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE LADDER SYSTEM ON CITY'S WATER TOWER BY ANYONE (WHEN REQUESTED BY CINGULAR WIRELESS) TO INSTALL, USE, MAINTAIN, REPAIR, OR REMOVE THE ANTENNA FACILITIES OF CINGULAR WIRELESS' WIRELESS COMMUNICATION FACILITIES. CINGULAR WIRELESS expressly agrees that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including employees of CINGULAR WIRELESS, arising out of or caused by electro-magnetic emissions from CJNGULAR WIRELESS' equipment. This indemnity shall not extend to emissions shown to be caused by any other electro-magnetic source. This shall be interpreted as a WAIVER of immunity under the workers compensation laws of the State of Idaho, which has heen negotiated between the parties. Inspection or acceptance by CITY of any work performed by CINGULAR WIRELESS at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. SECTION 12: Taxes. CINGULAR WIRELESS shall pay all taxes, including leasehold excise taxes, if any, and assessments which may be assessed and become due and payable upon the property described in Section I, the improvements thereon or operation of CINGULAR WIRELESS. It is the intention of the parties hereto that the WCF described in Section 2, and any building, fence, or other improvements of CINGULAR WIRELESS' on the property described in Section I, shall be deemed between the parties to be personal property of CINGULAR WIRELESS. Upon the expiration of this Agreement CINGULAR WIRELESS shall remove all of such property and restore the property described in Section l to its former condition, excepting normal wear and tear. SECTION 13: Failure to Construct Facility - Termination. If CINGULAR WIRELESS is unable, through no fault of it's own, to obtain within one year after the execution of this Agreement by both parties all necessary permits, authorizations, and government approvals to construct and operate the WCF, CINGULAR WIRELESS may, by sending written notice directed as specified in Section 17, terminate this Agreement. CINGULAR WIRELESS will remove any property it has placed on the property designated in Section I, and restore the premises to its previous condition, whereupon the parties shall be under no further obligation to each other. Failure to begin construction within one year of the commencement date established in Section 3 and to complete construction in a timely manner shall be basis for termination of the Agreement by CITY, provided that such time limit shall not apply to delays caused by acts of God, strikes, or other occurrences over which CINGULAR \\r1RELESS has no control. SECTION 14: Right to Terminate Agreement-C!NGULAR WIRELESS. CINGULAR WIRELESS shall have the right to terminate this Agreement at any time after the commencement date established in Section 3 upon giving CITY sixty (60) calendar days notice directed as specified in Section 17. CINGULAR WIRELESS shall remove all of its property and return the land and CITY'S CINGULAR WIRELESS I CITY - 2003 WiRELESS COMMUNiCATION FAC!LITY AGREEMENT- RESIDENCE STREET WATER TOWER PAGE 6 OF 9 ---PAGE BREAK--- water tower described in Section 2 to its original state, excepting normal wear and tear, within the sixty (60) calendar day period. SECTION 15: Termination and Forfeiture. If CINGULAR WIRELESS willfully violates or fails to comply with any of the provisions of this Agreement, or fails to comply with any notice given CINGULAR WIRELESS by CITY under the provisions of this Agreement, then at the election of the Moscow City Council, and after a hearing held upon reasonable notice to CINGULAR WIRELESS, this Agreement may he tenninated by CITY, and CINGULAR WIRELESS shall forfeit all rights conferred hereunder and shall restore the property described in Section I and CITY'S water tower to its original condition. The Council may decide, after consideration of the reasons for CINGULAR WIRELESS' failure to comply with the Agreement, to allow CINGULAR WIRELESS additional time to cure before such termination. This termination provision is in addition to CITY'S right to demolish or remove the water tank or declare the property surplus contained in Paragraph 6.6. This Agreement, in addition to any other remedies which may be pursued in law or in equity, may be terminated by CINGULAR WIRELESS upon a material default by CITY of any covenant, condition or term hereof, which default is not cured within sixty ( 60) days of receipt of written notice of default. SECTION 16: Remedies to Enforce Compliance. In addition to any other remedy provided herein, CITY reserves the right to pursue any remedy to compel or force CINGULAR WIRELESS and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by CITY shall not prevent CITY from thereafter declaring a forfeiture or revocation for breach of the conditions herein. CITY: SECTION 17: Notices. All written notices shall be directed to: City of Moscow Attn.: Public Works Director P 0 Box 9203 Moscow, ID 83843 CINGULAR WIRELESS: Cingular Wireless Lease Administration 6 I 00 Atlantic Blvd. 1" Floor Mail Code: GAN02 Norcross, GA 30071 Copies to: Cingular Wireless Counsel- West Region 2521 Michelle Drive 2"d Floor Tustin, CA 92780 Cingular Wireless Property Manager 2445 !40th Ave. Ste. 202 Bellevue, W A 98005 Delivery of said notice shall be effected in any one of the following manners: a. By personal delivery to and acknowledgn1ent of receipt thereof signed by the receiving party. CINGULAR WIRELESS/ C!TY - 2003 WiRELESS COMMUNICATION FACIUTY AGREEMENT- RESIDENCE STREET WATER TOWER PAGE 7 OF 9 ---PAGE BREAK--- b. By depositing the notice in the United States mails, in an envelope properly addressed to the address indicated above with postage fully prepaid thereon and mailed certified, return receipt requested. In the event said notice is mailed, it shall be deemed delivered seven days following the deposit thereof in the United States mails. SECTION 18: Assignment. Lessee may assign this Lease at any time to any of Lessee's partners or affiliates. Any other assignment requires Lessor's prior written approval, which approval shall not be unreasonably withheld. Additionally, provided CINGULAR WIRELESS is not in default, CINGULAR WIRELESS may, upon notice to CITY, mortgage or grant a security interest in the permission granted under this Agreement and the WCF, and may assign the permission granted under this Agreement and the WCF to any mortgagees or holders of security interests, including their successors or assigns, (hereinafter collectively referred to as "Mortgagees"), provided such Mortgagees agree to be bound by the term> and provisions of the permission granted under this Agreement. In such event, CITY shaH execute such consent to financing as may reasonably be required by Mortgagees. CITY agrees to notify CINGULAR WIRELESS and CINGULAR WIRELESS' Mortgagees simultaneously of any default by C!NGULAR WIRELESS and to give Mortgagees the same right to cure any default as CINGULAR WIRELESS or to remove any property of CINGULAR WIRELESS or Mortgagee located on the premises, except that the cure period for any Mortgagee shall not be less than thirty (30) days after receipt of the default notice, as provided in Section I 7 of this Permit, provided there is no default. All such notices to Mortgagees shall be sent to Mortgagee at the address specified by CINGULAR WIRELESS. Failure by CITY to give Mortgagee such notice shall not diminish CITY'S rights against C!NGULAR WIRELESS, but shall preserve all rights of Mortgagee to cure any default and to remove any property of CINGULAR WIRELESS or Mortgagee located on the Premises, as provided in Section 15 of this Permit. SECTION 19: Venue Stipulation. This Agreement shaiJ be construed as having been made and delivered within the state of Idaho, and it shall be mutually understood and agreed by each party hereto that this Agreement shall be governed by laws of the state of Idaho, both as to interpretation and performance. Any action at Jaw, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted and maintained only in a court of competent jurisdiction in Latah County, Idaho. SECTION 20: Extent of Agreement. This Agreement contains all the terms and conditions agreed upon by the parties hereto. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties hereto. SECTION 21: Modification. CITY and C!NGULAR WIRELESS reserve the right to change or modify the terms and conditions of this Agreement. However, no change or modification to this Agreement shall be valid or binding upon either party unless such change or modification is in writing and executed by both CITY, after receiving formal authorization by the CITY Council, and C!NGULAR WIRELESS with each party employing the same formalities as to the identity of signatories as have been utilized in this Agreement. SECTION 22: Binding Effect. That this Agreement shall be binding upon and inure to the benefit of the legal representatives and proper assigns and proper successors of the parties. CINGULAR WIRELESS I CiTY - 2003 WiRELESS COMMUNiCATION FAC!Lill' AGREEMENT- RESIDENCE STREET WATER TOWER PAGE80F 9 ---PAGE BREAK--- SECTION 23: Waiver of CITY'S Lien. CITY hereby waives any and all lien rights it may have, statutory or otherwise concerning the WCF or any portion thereof which shall be deemed personal property for the purposes of this Permit, whether or not the same is deemed real or personal property under applicable laws, and CITY gives CINGULAR WIRELESS and CINGULAR WIRELESS' Mortgagees the right to remove all or any portion of the same from time to time, so long as CINGULAR WIRELESS is not in default under this Permit, in C!NGULAR WIRELESS' and/or Mortgagee's sole discretion and without CITY'S consent. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the day and year first above written. LESSOR: CITY OF MOSCOW, IDAHO, a municipal corporation of the State of Idaho LESSEE: CINGULAR WIRELESS, a Company  ;D By:  ACKNOWLEDGEMENT STATE OF . ) ss. County of JY9 ) On this day personally appeared before me, a Notary Public in and for said State, fi , 0 rrJ/tG , to me known to be the person name above as the duly authorized legal agent of CINGULAR WIRELESS , who executed the within and foregoing instrument, on behalf of CINGULAR WIRELESS and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal t- i
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