REVISED  NOTICE OF A REGULAR MEETING  OFT THE CITY COUNCIL OF THE CITYOFI HEMPSTEAD  PLEASE NOTE:  Public comments and matters from the floor are limited to 3 minutes per person. Allotted minutes cannot be transferred to other individuals. Ifyou would like to request to speak, please do SO in advance of the meeting by filling out a Request to Address Council form available upon entrance to  the meeting.  Please silence all cell phones and electronic devices. PRESENTATIONS ARE LIMITED TO 7 MINUTES.  Notice is hereby given that a Regular Meeting of the City Council of the City ofHempstead will be held on Monday, the 7th day of October, A.D., 2024 at 6:00 P.M. at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, at which time the following subjects will be  considered, to-wit:  1. Call to order and invocation. 2. Pledge of Allegiance. 3. Public Comments.  4. Discussion and action on the FY23 Audit.  5. Zoning Map Amendment request to rezone Block 509, Lots 1&2, Block 509, Lots 3 &4, Block 509 Lot 5, Block 509, Lots 6-8 and Block 509 Lots 9-10, Block 510 Lots 6-8 and Block 510Lots 9-10: from R1-Single Family Residential tol MH-Manufactured Housing.  A. Public Hearing  B. Consideration and action on an Ordinance from the City Council oft the City of Hempstead requesting to rezone Block 509, Lots 1&2, Block 509, Lots 3 & 4, Block 509 Lot 5, Block 509, Lots 6-8, Block 509 Lots 9-10, Block 510, Lots 6-8 and Block 510, Lots 9-10: from R1-Single Family Residential to MH-Manufactured  Housing.  6. Annexation of1.562 acres ofl land, lying and being situated partly in the City of Hempstead, Waller County, Texas part of. Jared E. Groce Survey, A-131, being lot 6 and the North 17 feet oflot 7, Block 734, Town ofHempstead ai map of plat of said town being of record in Volume 106, Page 311, ini the deed records of Waller County, Texas, which is part of(Tract 2) as conveyed in the deed from Hempstead Bible Fellowship to First Baptist Church, Hempstead, Texas dated November 19, 2018 as recorded in instrument No. 1809138, in the official public records of Waller County, Texas and being part oft the same land called 3.1655acres (Tract 1) conveyed in said deed recorded in instrument 1809138, said 3.1655 acres being described in the deed from Thomas Edwin Rees and Martha Johnyne Rees to Hempstead Bible Fellowship, Inc., dated May 15, 2015 as recorded in instrument No. 1503106, in the official Public records of Waller County,  Texas.    A. Public Hearing  B. Consideration and action on an Ordinance oft the City ofHempstead granting the petition for annexation filed by Timothy Brian Murphy providing for the extension of certain boundary limits oft the City of Hempstead, Texas toi include all that certain tract or parcel ofl land, lying and being situated in Waller County, Texas, 1.562 acres of land, lying and being situated partly in the City of] Hempstead, Waller County, Texas part ofJared E. Groce Survey, A-131, being lot 6 and the North 17 feet oflot 7, Block 734, Town of Hempstead ai map of plat of said town being of record in Volume 106, Page 311, in the deed records of Waller County, Texas, which is part of(Tract 2) as conveyed in the deed from Hempstead Bible Fellowship to First Baptist Church, Hempstead, Texas dated November 19, 2018 as recorded in instrument No. 1809138, int the official public records of Waller County, Texas and being part of the same land called 3.1655acres (Tract 1) conveyed in said deed recorded in instrument 1809138, said 3.1655 acres being described in the deed from Thomas Edwin Rees and Martha Johnyne Rees to Hempstead Bible Fellowship, Inc., dated May 15, 2015 as recorded in instrument No. 1503106, in the official Public records of Waller County, Texas. Providing that said territory bears Pro Rataj part oftaxes; entitling inhabitants to all rights and privileges of citizens and binding inhabitants to acts and laws oft the city; 7. Consideration and action on a Resolution ofthe City Council oft the City of Hempstead approving Records Management Policies, designating City Secretary as Records Management Officer, and directing the filing ofrecords with the Texas State Library and 8. Consideration and action on a bid being awarded for the Asphalt Pavement 9. Consideration and action from City Council to allow an appraisal on the cell tower located atl Blocks 573 and 599 for a proposed lease agreement with CTITowers. a. Nora Hodges- I want to remind taxpayers who requested an extension, the deadline is October 15. Those who qualify can file electronically for free with IRS Free File. Those who don'tqualify can use Free Fillable Forms. Also, Iv will be attending the Texas Municipal League 112th Annual Conference and  and providing a savings clause.  Archives Commission related to records management.  Rehabilitation Program 2024.  10. Council Reports-  Exhibition held inl Houston from October 9-11.  The City Council of the City of Hempstead reserves the right to adjourn into executive session at any time during the course ofthis meeting to discuss any ofthe matters listed below authorized by Texas Government Code, Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), and 551.086 (Certain Public Power Utilities: Competitive Matters). Council may acti in Open Session  on any item listed for Executive Session. 11. Adjourn City Council Meeting.    Datedthis the 4th day of October, A.D., 2024.  By:  Sabrina Alvarez, E  City Secretary  I, the undersigned authority, do hereby certify that the above Notice ofa Regular Meeting oft the governing body ofthe City ofHempstead is at true and correct copy ofs said Notice, and that at true and correct copy ofs said Notice was posted on the City Hall bulletin board entrances to City Hall, in the City Hall ofs said City ofHempstead, Texas, aj place convenient and readily accessible to the general public at all times, and that said Notice was posted on October 4, 2024 at 9:00 A.M. and remained sO posted continuously for at least 721 hours preceding the scheduled time ofs said meeting.  Dated this the 4th day ofOctober, A.D., 2024. 8IAe7 Sabrina Alvarez,Eity Secretary  By:  PUBLIC PARTICIPATION BY TELEPHONE  The City ofHempstead City Council may conduct the meeting scheduled at 6:00 P.M. on Monday the 7th day of October 2024 at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas. The public will be permitted to offer public comments telephonically as provided by the agenda and as permitted by the presiding officer during the meeting. A recording oft the telephonic meeting will be made and will be available to the public upon written request.  The toll-free dial-in number to participate in the meeting telephonically is: 1-346-248-7799; Access Code 989-478-2100  IF CITY COUNCIL MEMBERS ARE GOING TO. APPEAR BY VIDEOCONFERENCEA QUORUM OF COUNCIEMEMBERS MUST BE PRESENT ATTHE LOCATION.  NOTICE OF MEETING BY VIDEO CONFERENCE The City ofHempstead City Council may conduct the meeting scheduled at 6:00 P.M.c on Monday the 7th day of October 2024 at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas by videoconference in addition to allowing in person attendance. A quorum of the City Council will be physically present at the Hempstead City Hall, 1125 Austin Street, Hempstead. The public may participate in the City Council Meeting by using the following  information:    1-346-248-7799, Access Code 989-478-2100    City of Stempotead  1125 Austin Street . Hempstead, Texas 77445-Tel: 979-826-2486- Fax: 979-826-6703  24-  AN ORDINANCE OF THE CITY OF HEMPSTEAD GRANTING THE PETITION FOR ANNEXATION FILED BY TIMOTHY BRIAN MURRAY PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF HEMPSTEAD, TEXAS TO INCLUDE ALL THAT CERTAIN TRACT OR PARCEL OF LAND, LYING AND BEING SITUATED IN WALLER COUNTY,TEXAS, 1.562 acres of land, lying and being situated partly in the City ofHempstead, Waller County, Texas part of Jared E. Groce Survey, A-131, being lot 6 and the North 17 feet oflot7, Block 734, Town ofHempstead a map of plat of said town being of record in Volume 106, Page 311, in the deed records of Waller County, Texas, which is part of(Tract 2) as conveyed in the deed. from Hempstead Bible Fellowship tol First Baptist Church, Hempstead, Texas dated November 19, 2018 as recorded in instrument No. 1809138, in the official public records of Waller County, Texas and being part of the same land called 3.1655acres (Tract 1) conveyed in said deed recorded in instrument 1809138, said 3.1655 acres being described in the deed from Thomas Edwin Rees and Martha Johnyne Rees to Hempstead Bible Fellowship, Inc., dated May 15, 2015 as recorded in instrument No. 1503106, in the official Public records of Waller County, Texas. ; PROVIDING THAT SAID' TERRITORY BEARS PRO RATA PART OF TAXES; ENTITLING INHABITANTS TO ALL RIGHTS AND PRIVILEGES OF CITIZENS AND BINDING INHABITANTS TO ACTS AND LAWS OF THE CITY; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, on August 20, 2024, Timothy Brian Murray, filed a petition for voluntary annexation of certain property located within the extraterritorial jurisdiction of the City of Hempstead; said property being less than one-half mile in width, is contiguous to the City of Hempstead, and is vacant and without residents or on which less than three (3) qualified voters  reside; SEE ATTACHED EXHIBIT "1"; and area on petition of the area landowner; and  WHEREAS, the Local Government Code Section 43.0671 allows the annexation of an WHEREAS, aj public hearing at a City Council Meeting, where all interested persons were provided an opportunity to be heard on the proposed petition for annexation oft the territory fully described in EXHIBIT "1", was held on October 7 2024, in the City Council Chambers of  the City ofHempstead, in Hempstead, Texas; and  1    WHEREAS, August 26. 2024. is more than five days and less than 30 days from the date Timothy Brian Murray filed a petition for annexation of property requesting the annexation oft the  property; and  WHEREAS, the City has entered into a written service agreement with the petitioning Landowner (the "Agreement") for the provision of the municipal services to be provided by the City, both on the effective date of annexation and thereafter, as required by Local Government Code Section 43.072, a copy oft the. Agreement is attached hereto as EXHIBIT "2."  WHEREAS, the above described territory lies within the extraterritorial, jurisdiction ofthe  City ofHempstead, Texas;  NOW,THEREFORE,  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, Section 1. That all of the recitals and preambles hereinabove stated are found to be true Section 2. That City Council grants the petition for annexation and the following described land and territory lying adjacent to and adjoining the City of Hempstead, Texas, is hereby added and annexed to the City of Hempstead, Texas, and said territory hereinafter described shall be included within the boundary limits ofthe City of Hempstead, Texas, and the present boundary limits of such city, at the various points contiguous to the area hereinafter described, are altered and amended sO as to include said area within the corporate limits ofthe City ofHempstead, Texas,  TEXAS:  and correct and are incorporated herein and made aj part ofthis ordinance.  to-wit:  SEE ATTACHED EXHIBIT: 1  Section 3. That the above described territory and the area SO annexed shall be a part oft the City ofHempstead, Texas, and the property SO added hereby shall bear its proi rata part oft the taxes levied by the City of] Hempstead, Texas, and the inhabitants thereof shall be entitled to all rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions, and regulations oft the City ofHempstead, Texas. The City Council approves and authorizes the Mayor  to execute and the City Secretary to attest the Agreement (Exhibit"2")  Section 4. Should any section or part ofthis ordinance bel held unconstitutional, illegal, or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, ori ineffectiveness ofsuch sections or part shall inj no wise affect, impair, or invalidate the remaining portion or portions thereof, but as to such remaining  portion or portions, the same shall be and remain in full force and effect.  Section 5. Should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Hempstead, such ineffectiveness: of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the  2    remainder of the area. If there is included within the general description of territory set out in Section 2 oft this Ordinance to be annexed to the City ofHempstead any lands or area which are presently part of and included within the limits oft the City of Hempstead, or which are presently part ofa and included within the limits of any other city or within the extraterritorial jurisdiction of any other city, or which are not within the City ofl Hempstead's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed as fully as if such excluded and  excepted area were expressly described herein.  PASSED AND APPROVED this the 7TH day of October, A.D.,2024.  APPROVED:  Katherine R. Ward, Mayor  ATTEST:  Sabrina Alvarez, City Secretary  APPROVED:  City Attorney  CITY OF HEMPSTEAD, TEXAS By: Katherine R Ward., Mayor  STATE OF TEXAS COUNTY OF WALLER  S S S  Thisi instrument wasacknowledged before me on the 2024 by Katheirne R. Ward., the Mayor oft the City ofHempstead, Texas.  day of  3    Notary Public, State of Texas  Notary's Printed Name Commission Expires:  PLEASE RETURN RECORDED COPYTO: Sabrina Alvarez, City Secretary Hempstead City Hall 1125 Austin Street Hempstead, Texas 77445  4    EXHIBIT 1  PETITION FOR ANNEXATION AND DESCRIPTION OF LAND TO BE ANNEXED  5    T GRAPHIC SCALE FEET HEREON ARE RELATIVE TO IRUE NORTH AS OBTAINED SURJECT PROPERIY, LES WITHIN THE SAFCIL SUBJECT PROPERIY UES FLOOD HAZARD (ZONE X). ACCORDING TOTHE FLOOD INSURANCE RATE MAP (FIRM) A5 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLO0D WALLER COUNTY, TEXAS. 48473C0130F, MAP 30- DENOIESA A 5/8" ARON ROD FOUND WITH ID. CAP (STAMPED HODDE HODDE LAND SURVEYING7 UNLESS OTHERWISE NOTED ON THE PLAT. 4 THIS WAS PERFORMED IN COMPANY (NATIONAL INVESTORS INSURANCE COMPANT) TITLE COMMIMENT GF NO. 2435273ME, EFFECTIVE E JUNE 30, 2024, 08:00 A.M., ISSUED JULY 9,2024. SUBJECT 491, TO PAGE COVENANTS 578, VOLUME CONDITIONS 583, PAGE AND 571, 583, AS RECORDED" IN AND VOLUME 583, PAGE 623, OFFICIAL PUBLC OF COUNTY, TEXAS. SUBECTI TO BUILDING SETBACK LNE/S) CORDED INY VOLUME 583, PAGE 571 AND VOLUME 585, PAGE 618, OFFICIAL PUBLIC RECORDS OF WALLER COUNTY, TEXAS. ZSUBJECTI OF WAY EASEMENT GRANTED 7o SAN BERNARO ELECIRIC RECORDED IN VOLUME 157, PAGE 508, DEED OF WALLER, COUNTY, TEXAS. INOT PLOTTABLE! 8. oF A5 VOLUME 374, 372 AND CORRECTED IN VOLUME 374, PAGE 817, DEED RECORDS oF WALLER COUNTY, TEXAS. APPLES TOTHE SUBJECT TRACT, AS SHOWN HEREON! A SEPARATE METES AND BOUNDS DESCRIPTION PREPARED CONJUNCTION WITH THIS SURVEY MAR. 10. DENOTES OFFICIAL PUBLIC RECORDS oF WALLER COUNTY, TEXAS. (DRWCT) DENOTES DEED RECORDS OF WALLER COUNTY, TEXAS. PROBOSED TIMOTHY B. MURRAY AND ELMA S. MURRAY PROPERIYA ADDRESS: SHEPARD STREET, HEMPSTEAD, TEXAS 77445 SURVEY MAP SHOWINGA OF 1.562 ACRES oF LAND, AND BEING SITUATED PARTLY THE CYOFM HEMPSTEAD, COUNTY TEXAS, PART oF THE JARED SURVEY, BEINGLOTS THE NORTH 17 FEET oF LOT 7 BLOCK  OR D oF IN THE DEED ECORDS oF WALLER COUNTY TEXAS, WHICH IS FART AS CONVEYED TEXAS, N THE DATED DEED FELLOWSHP TOA FIRST  CHURCH, MEMPSTEAD, NOVEMBER 19.2018, AS IN 1809138, IN THE OFFICIAL PUBLIC RECORDS OFWALLER COUNTY, ASEMCTA PART oF THE SAME LAND CALLED 3.1655 ACRES (TRACT CONVEYED NS SAD DEED RECORDED INA INSTRUMENT NO. 1809156 SAID BEING NTHE, DEED FROM REES AND MARTHA REES HEMPSTEAD BIBLE INC., DATED MAY AS RECORDED INSTRUMEN Aa" 1503106, INTHE OFFICIAL PUBLIC RECORDS OF Po COUNTI, TEXAS. CERTIFICATION THE STATE OF TEXAS COUNTY oF WALLER JON E. HODDE, REGISTERED LAND  NOTES: THES YGPS OBSERYATIONS, OBSERVED AT 960431.57" (WGS-84). REARC  BLOCK 707 G e  BLOCK 5  708  EE TOWN OF HEMPSTEAD PLACE OF BEGIMNING  LONGITUDE: oF  SHEPARD STREET  WITH UNIVERSITY MLE SCALE: ""-S0  BLOCK  734 6)  BLOCK 733 0 O/  IN ORDINANCES GRANTED 7O WALLER COUNTY, TEXAS,  1.562 ACRES  NO. 5197 oF THE STATE OF    PETITION FOR VOLUNTARY ANNEXATION INTO THE CORPORATE BOUNDARY OF THE  CITY OF HEMPSTEAD, TEXAS  TO: The Mayor and Governing Body of the City of Hempstead, Texas:  The undersigned being all the owner(s) of the hereinafter described tract of land which is contiguous to the City of Hempstead ("City"), one-half mile or less in width, is vacant and without any residents who are registered voters, hereby petition the City to be annexed into the City, thereby extending the present City limits. The subject tract of land is further described in detail along with a map as attached Exhibit "A" hereto and There being no other landowners nor registered voters, the undersigned hereby waives the 180 day period set out under Section 43.0685 Texas Local Government Code and grants consent to the City to proceed immediately with annexation of the subject tract, The current use of the subject tract is: Hempstud 734 WTIINI7' OF 2ACRES  incorporated herein by reference.  as there are no additional signatures to be added to this petition.  LANDOWNER and REGISTERED VOTER (if applicable):  BY: TinylHy BRAN AUApAy  (for individual) STATE OF TEXAS COUNTY OF WALLER  The instrument was acknowledged before, me by. linohy  and  on the aldday of Auguct, 2024. 0  bonury  SABRINA ALVAREZ Notary Public, State ofl Texas My Commission! Expires NOTARY April 03, ID'11876213 2028  SeL  Notary PublicState of Texas    EXHIBIT C (Service Plan)  Agreement for the Provision of Services Upon Annexation  The City of Hempstead, Texas, will provide for the extension of municipal services into the  Property annexed in accordance with the following schedule:  1. the City limits. 2. 3. 4.  POLICE PROTECTION: Immediately upon annexation. Service will be provided  toall residents oft the annexed area on the same basis as those residents currently living within  FIRE PROTECTION: Immediately upon annexation. Service will be provided EMERGENCY MEDICAL SERVICES: Services for emergency medical needs SOLID WASTE COLLECTION: Immediately upon annexation, all  on the same basis as those residents currently living within the City limits. are currently provided by Waller County EMS for City residents and properties.  residentsybusinesses within the annexed area will be available and provided with solid waste  collection; cost to be at the prevailing rates ofthe City.  5.  OPERATION AND MAINTENANCE OF WATER AND WASTEWATER  FACILITIES: Immediately upon annexation, services will be available and provided on the same basis as those residents currently living within the City limits on properties with similar  characteristics. 6.  OPERATION AND MAINTENANCE OF ROADS AND STREETS,  INCLUDING LIGHTING: Immediately upon annexation, services will be available and provided on the same basis as those residents currently living within the City limits on properties  with similar characteristics.  7.  PARKS, PLAYGROUNDS AND SWIMMING POOLS: The City parks and all  recreational facilities will be available for use by residents of the annexed area, beginning on the  effective date of the annexation ordinance.  8.  NATURAL GAS: Immediately upon annexation, services will be available and  provided on the same basis as those residents currently living within the City limits on properties  with similar characteristics.  9.  ELECTRICAL SERVICE: Immediately upon annexation, services will be  available and provided on the same basis as those residents currently living within the City limits  onj properties with similar characteristics.  10.  CODE ENFORCEMENT SERVICES:    a. b. ordinance. C. 7.  Enforcement of the City's ordinances will be provided within the annexed aread on Complaints ofc ordinance violations or other code violations within the annexed area will be answered and investigated as ofthe effective date ofthe annexation Animal Control services will be provided to those areas within the annexed area on the effective date of the annexation ordinance using existing personnel and equipment. MISCELLANEOUS: General municipal administration and administrative  the effective date oft the annexation ordinance.  services oft the City shall be available to the annexed area beginning with the effective date oft the  annexation ordinance.  SIGNED and EXECUTED this 24D day of O.TDB4R  2024.  LANDOWNER: FAN By_matfy  MupHy  (name, title)    City ofH Hempstead  Zoning Map Amendment (Rezoning) Form NOTE: Please print all information requested below.  Number Date 9-4-24  Name ofA Applicant Tim Murrly Applicant's Signature   Current Address 24453 HAwEK Rd  HEMpSTAD Tx 77445  Phone 241536/er0  Address oft the property: you seek tol have rezoned 24953 HALCK Rd  Legal description of thej property No  Subdivision Block  Lot  Parcel  Lot Width  Lot Depth  Legal capacity in which you are applying for this rezoning:  Owner  Representative oft the owner  Other (explain below)  Current zoning classification oft thep property: COUHTy Preperly  Requested zoning classification: RI  Reasons supporting your requested rezoning: Builénik Sagk fay hane Anlshop  Current land use activities abutting the subject property: On1 thel North: SHAPARD ST (EmpTylor) On the South: EmpTy AerAge On the East: EMpTy Acrage  On the West:  CHVRCH  ARTICLE 2 - SECTION 2.03 EXPIRATION - 1 YEAR  (OVER)    012024 42w24 9110124  Public hearing date for thel Planning & Zoning Commission  Date notice sent to abutting property owners. (Not less than ten days before thej public hearing Date notice published in a local newspaper. (Not less than fifteen days before thej public  date.) hearing date.)  Planning Commission Report Recommendations and reasons supporting the recommendations oft thel Planning & Zoning  Commission:  Protest by 20% or more of abutting property owners? Yes  No  18724 Apwot Q1224  Public hearing date for the City Council.  Date notice sent to abutting property owners. (Not less than ten days before thej public hearing Date notice published in al local newspaper. (Not less than fifteen days before thej public  date.) hearing date.)  Decision oft the City Council:  Rezoning request approved  Rezoning request denied  Reasons given for the City Council's decision:  Zoning Map Amendment Form- - PAGE2    City af tempotead  1125 Austin Street . Hempstead, Texas 77445.7 Tel: 979-826-2486-Fax: 979-826-6703  ORDINANCE NO.24-  AN ORDINANCE OF THE CITY OF HEMPSTEAD, TEXAS PROVIDING THATTHE CODE OF ORDINANCESOF THE CITY OF HEMPSTEAD BE AMENDED BY AMENDING THE ZONING MAP SO THAT PROPERTY DESCRIBED AS BLOCK 509, LOTS 1-2 BLOCK 509, LOTS 3-4, BLOCK 509, LOT 5, BLOCK 509, LOTS 6-8, BLOCK 509, LOTS 9-10, BLOCK 510, LOTS 6-8. AND BLOCK610,1 LOTS9-10 SHALLBE CHANGED FROM R1- SINGLE FAMILY RESIDENTIAL DISTRICT CLASSIFICATION AND BECOME AND BE DESIGNATED AS MH = MANUFACTURED HOUSING DISTRICT CLASSIFICATION: PROVIDING FOR PENALTIES; PROVIDING A SAVINGS CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.  WHEREAS, the Owner of a tract ofl land has made application to the City to designate the zoning classification of said tract of land, same being more particularly described as Block 509, Lots 1-2 Block 509, Lots 3-4, Block 509, Lot 5, Block 509, Lots 6-8, Block 509, Lots 9-10, Block 510, Lots 6-8 and Block 510, Lots 9-10 to MH - Manufactured Housing District; and  WHEREAS, the Planning and Zoning Commission has conducted a Public Hearing on September 26, 2024, at 5:001 P.M. on such request, in the time and manner required by law and the  Zoning Ordinance oft the City, and denied the application; and  WHEREAS, the City Council of the City conducted a Public Hearing on such request on October 7, 2024 at 6:00 P.M. in the time and manner required by law and the Zoning Ordinance  ofthe City; and  WHEREAS, the proposed zoning is to recognize changing conditions and circumstances  in the area near the property to be rezoned; and  BE IT ORDAINDED BY THE CITY COUNCILMEMBERS OF THE CITY OF  HEMPSTEAD, TEXAS:  Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby Section 2. That pursuant to the Code of Ordinances of the City of] Hempstead, Texas, the zoning map is amended as follows: BLOCK 509, LOTS 1-2 BLOCK 509, LOTS 3-4, BLOCK 509, LOT 5, BLOCK: 509, LOTS6 6-8, BLOCK 509, LOTS9-10,1 BLOCK510, LOTS 6-8. AND  found tol be true and correct and are incorporated herein for all purposes.    BLOCK 610, LOTS 9-10 which is currently zoned R1, shall be changed to be designated and classified as MH Zoning district and the. Zoning Map shall be amended accordingly.  Section 3. That a violation of this ordinance shall be a Class C misdemeanor and the penalty forviolating this Ordinance shall be ai maximum fineof$2,000.00, and each day a violation  exists shall be a separate offense.  Section 4. That if any provision of this Ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same  as ifsuch invalid or unconstitutional provision had never been aj part hereof.  Section 5. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law, and that public notice of the time,  place and purpose of said meeting was given as required. PASSED AND APPROVED this the 7th day of August, A.D., 2024.  APPROVED:  Katherine Ragston Ward, Mayor  ATTEST:  Sabrina Alvarez, City Secretary    City of Stempstead  1125Austin Street e Hempstead, Texas 77445.Tel: 979-826-2486-) Fax: 979-826-6703  RESOLUTION NO. 24-008  ZONING MAP AMENDMENT - BLOCK 509, LOT'S 3&4, BLOCK 509, LOTS1 1-2, BLOCK 509 LOT 5, BLOCK 509, LOTS 6-8, BLOCK 509, LOTS 9-10, BLOCK 510, LOTS 6-8 AND BLOCK 510, LOTS 9-10 FROM R1- SINGLE FAMILY RESIDENTIAL TO MIEMANUFACTURED HOUSING BEI IT RESOLVED BY THE BOARD OF PLANNING AND ZONING COMMISSION OF  THE HEMPSTEAD OF THE CITY OF HEMPSTEAD, TEXAS:  1. To@pprove)deny. a Zoning Map Amendment by changing the Zoning Classification Block 509, Lots 3&4, Block 509, Lots 1-2, Block 509, Lot 5, Block 509, Lots 6-8, and Block 509, Lots 9-10, Block 510, Lots 6-8 and Block 510, Lots 9-10 from R1- Single Family Residential to MH-Manufactured Housing and finding that the amendment is in accordance with City'scomprehensive plan.  PASSED AND APPROVED this the 26th day of September, A.D., 2024.  APPROVED:  kBub  JohoBusby, Chairman  ATTEST: TRNS  Sabrina Alyarez, City Secretary    CiyofHempstead  Zoning Map Amendment (Rezoning) Form NOTE: Please print alli information requested below.  Nim70l24 Date_ 7-1-24  Rosa Martiner  Name of Applicant Siny 0 Ecowomay Applicant's! Signature fg Trony  Current Address  174-515-9325  Address ofthe property you seek tol have rezoned Legal description oft the property  IFHL 1  dedl  Subdivision 107 3+4 Block  50' Lot Width  125' Lot] Depth  Lot  Parcel  Legal capacity in which you are applying for this rezoning:  Owner  Representative ofthec owner  Other (explain below)  Current zoning classification oft thej property: Desidentis areq- R1 Requested zoning classification: Mobil Home WSE- MH  Reasons supporting your requested rezoning: tl Mab.  Homes  all araurd  #2 Bawts wwat Fimnrp 6 6net hone IN thatanea  whes On the North: On thel East:  for Housz Loes Creekslele  you 4p14  Current land use activities abutting the subject property: On the! South: Mobil Home  0-  oHfrt Howsee Mobile Housr  On the West: oL Masi OWFrme bhouse  ARTICLE 2 - SECTION 2.03 EXPIRATION - 1 YEAR  (OVER)    9124la4  29pablici hearing date for thel Planning & Zoning Commission  Dater notice sent to abutting property owners. (Not less than ten days before thej publicl hearing Date notice published in a local newspaper. (Not less than fifteen days before the public  date.) hearing date.)  Planning Commission Report Recommendations andi reasons supporting thei recommendations oft thel Planning & Zoning Pt2pased Osdl-to,blt they didnt MACuAR AI Bo0L Dand las Day GOANy wAa A2pwbish  Commission:  WMAg vopn Comeet infoinetron. J  Prptest by20% or more of abutting property owners? Yes ne DPublic hearing date for the City Council.  No  44  - Vplos uty  1 Date notice sent to abutting property owners. (Not less than ten days before thej public hearing  date.) hearing date.)  fifteen  Date notice published in al local newspaper. (Not less than  days before thej public Rezoning request denied  Decision oft the City Council:  Rezoning request approved  Reasons given for the City Council's decision:  Zoning Map Amendment Form - PAGE2    : B00DE  E 17h Strnet 6th Sheet  Street COMMERCIAL 10h Shreet  Station E  3 te Bs est  S8 Conet  SE €  7 1T    EEI    City af Sempotead  1125. Austin Street - Hempstead, Texas 77445-Tel: 979-826-2486- Fax: 979-826-6703  RESOLUTION NO.24-  RESOLUTION ADOPTING THE CITY OF HEMPSTEAD RECORDS MANAGEMENT POLICIES  BEI IT RESOLVED BY THE CITY COUNCILOF THE CITY OF HEMPSTEAD, TEXAS: WHEREAS, the Texas Local Government Records Act of 1989 requires each local government to designate a Records Management Officer and establish a records management program by resolution, ordinance, or order and to file such wit the Texas State Library and  Archives Commission ("TSLAC");  BUEM  WHEREAS, the City of Hempstead, Texas desires to adopt a plan to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost-  effective and efficient recordkeeping;  WHEREAS, the City of Hempstead is committed to transitioning to electronic record  storage to enhance accessibility and alleviate physical storage spaçe constraints.  NOWT THEREFORE, be it resolved that  Section 1. The City Council of Hempstead, Texas adopts the Records Section 2. The City designates the City Secretary, Sabrina Alvarez as the Section 3. The City directs the RMO to file with TSLAC the Records Management Policy, the designation of] RMO Form SLR 504, and the declaration of compliance with the records scheduling requirement of the Local Government  Management Policy, attached and incorporated herein.  Records Management Officer ("RMO").  Records Act Form 508.  PASSED AND ADOPTED this the 7th day of October, A.D., 2024.  APPROVED:  Katherine R. Ward, Mayor    ATTEST:  Sabrina Alvarez, City Secretary    City of Hempstead RECORDS MANAGEMENT POLICY  The Texas Local Government Records Act (Title 6, Subtitle C, Local Government Code), provides that each local government must establish an active and continuing records management program; and the City of Hempstead desires to adopt a plan to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping; now SECTION 1. DEFINITION OF RECORDS OF THE CITY OF HEMPSTEAD. All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information-recording media, regardless of physical form or characteristic and regardless ofv whether public access to it is open or restricted under the laws of the state, created or received by the City of Hempstead or any ofi its officers or employees pursuant to law or in the transaction of public business, are declared to be the records oft the City of Hempstead and shall be created, maintained, and disposed of in accordance with the provisions of this ordinance or procedures SECTION 2. RECORDS DECLARED PUBLIC PROPERTY. All records as defined in Sec. 1 oft this plan are declared to bei the property of the City of Hempstead. No official or employee of the City of Hempstead has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal SECTION 3. POLICY. It is declared to be the policy oft the City of Hempstead to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all records of this office through a comprenensive system of integrated procedures for the management of records from their creation tot their ultimate disposition, consistent with the requirements of the Local Government Records Act and accepted records management practice. This policy shall apply to all employees, agents, independent contractors, SECTION 4. RECORDS MANAGEMENT OFFICER. The City Secretary will serve as Records Management Officer for the City of Hempstead as provided by law and will develop policies and procedures to ensure that the maintenance, preservation, security, destruction, electronic storage, and other disposition of the records of this office are carried out in accordance with the requirements of the SECTION 5. RECORDS CONTROL SCHEDULES. Appropriate records control schedules issued by the Texas State Library and Archives Commission shall be adopted by the Records Management Officer for use in City of Hempstead, as provided by law. The Records Management Officer shall prepare amendments to the schedules as needed to reflect new records created or received by this office, or revisions to retention periods established in a records retention schedule issued by the Commission. Any destruction of records oft the City of Hempstead will be in accordance with these schedules, the Local Government Records Act, and the Electronic Records Management Program,  therefore:  authorized by it and in no other manner.  from files, or use of such records is prohibited.  and volunteers of the City of Hempstead.  Local Government Records Act.  as attached and incorporated herein.    City of Hempstead Electronic Records Management Program  Adopted  10/7/2024  1. Purpose and Objectives  The City of Hempstead is committed to transitioning to electronic record storage to enhance accessibility and alleviate physical storage space constraints. This Records Management Program outlines the procedures and responsibilities to achieve this objective, with the Records Management Officer (RMO) overseeing the program. All departments are required to designate a records liaison responsible for managing records within their respective departments, ensuring proper handling, annual purging, and adherence to  established procedures. 2. Roles and Responsibiities a. Records Management Officer (RMO)  The City Secretary will act as the City's RMO.  The RMO will oversee the City's Records Management Program. The RMO will provide guidance, training, and support for departmental The RMO will maintain and enforce city-wide records management The RMO will centralize implementation and management of the  records liaisons. policies.  Laserfiche program for all City of Pampa Departments.  b.D Department Heads  Department heads are responsible for designating a records liaison They will ensure that the records liaison has access to all departmental records and is familiar with the types of records maintained.  within their department.    C.R Records Liaisons  Records liaisons are designated individuals within each department Records liaisons will have access to both physical and electronic records They are responsible for the annual purging of records to maintain the  responsible for managing and maintaining records.  within their department.  integrity and relevance of stored records. Purged records should be documented for disposal.  3. Annual Record Purging  All records must be maintained according to their TSLAC records control schedules. This means they must be able to be found and produced when requested. Due to the large volume of records, the records liaisons will be tasks with converting physical records into electronic format. The electronic conversion of physical records is not considered a destruction of records and will aid the City of Hempstead in its maintenance of public property.  a. Physical Records Purging  Records liaisons are responsible for identifying and disposing of outdated All physical record purging must be documented on the Records  or obsolete physical records annually.  Disposition Form (RDF). b. Electronic Records Purging  Records liaisons are responsible for reviewing electronic records and Electronic records should be disposed of in accordance with approved  identifying those that are no longer required or relevant.  procedures and documented as needed.  4. Record Destruction  Records, whether physical or electronic, should NOT be destroyed Records liaisons must complete the Records Disposition Form (RDF) for The RDF must be submitted to the RMO for approval before any record  without proper documentation and approval.  each record to be destroyed. destruction occurs.    5. Use of Records Centers  The City of Hempstead maintains three dedicated records centers within City Hall for the storage of physical records that are not stored electronically or within departmental offices. These centers include: 1. The Vault: This secure room serves as the central repository for the storage of permanent and historical hard copy records. The Vault is designed to ensure the safekeeping and preservation of 2. Server Room: Located in City Hall is designated for the storage of master copies of vital and permanent records. This center is equipped to safeguard essential records and ensure their 3. Storage Office: Located in the bay area of the city hall building isthe storage for accounts payable/recelvable records. Any items intended for storage within these records centers must adhere to specific criteria before placement. These criteria must be met, and all submissions must be approved by the RMO. This protocol ensures the organized and secure storage of records and contributes to the efficient  valuable records.  accessibility when needed.  management of the City's information assets.  6. Training and Compliance  The RMO will provide training and guidance to records liaisons to ensure All departments are responsible for complying with this program and ensuring their records liaisons are informed and trained accordingly.  they understand their responsibilities.  7. Record Transition to Electronic Storage  Departments should actively work toward transitioning as many records as possible to electronic format to streamline accessibility and reduce  the need for physical storage space.  8. Reporting and Auditing  The RMO will conduct periodic audits to ensure compliance with this By implementing these procedures, the City of Hempstead aims to improve record management efficiency, reduce storage costs, and enhance  program and adherence to established procedures.    accessibility to information while maintaining compliance with relevant  regulations.    IDS Engineering Group September 25, 2024 City of Hempstead 1125 Austin Street Hempstead, Texas 77445 Attention:  Ms. Katherine Ward, Mayor City of Hempstead;  Reference: Asphalt Pavement Rehabilitation Program 2024,  IDS Project No. 2384-001-01, Contract No. 1  Dear Mayor Ward:  Ina accordance withy your instructions, bids were opened and read on September 20, 2024 for construction of the above referenced project. A copy of the Bid Tabulation is attached. We have examined the bids and find all of them to be complete and in order. The references and We, therefore, recommend award of the contract to the low bidder, Forde Construction Company, Inc. int the amount of $168,162.00. Attached is the Certificate of Interested Parties (Form 1295) completed  financial statements have been checked.  by contractor recommended for award of the above referenced project.  Ify you have any questions or comments, please call.  Sincerely,  Trihih Travis S. Sellers, P.E. Senior' Vice President TSS/mbr  X.2300)238400101 Hempstead Asphalt Street Rehab/CPS1060 orresyRecommendation ofA AwardlRerommendation ofA Award.docx  CC: Paul Forde / Stan Forde, Forde Construction Company, Inc.  134301 Northwest Freeway, Suite 700, Houston, Texas 77040 TxEngF Firm 2726 TxSurv Firmi 10110700 t713.462.3178 idseg.com  infrastructure design solutions    888888 886895 585 8888888 ga 8888 $58 58 888888 sg  8888 3 - :88 :  16  8888 8885 8888 60 555 s  88888 EABESE 3868633  3838638    CERTIFICATE OF INTERESTED PARTIES  FORM 1295 1of1 OFFICE USE ONLY CERTIFICATION OF FILING 2024-1214543 Date Filed: Date Acknowledged:  Complete Nos. 1-4a ande 6ift there arei interested parties. Complete Nos.: 1,2,3,5, ande 6ifth there arer noi interested parties.  1 Name of business entity filing form, and the city, state and country oft thel business entity's place Certificate Number: 2 Name of governmental entity or state agency that is a party to the contract for whicht the formi is 09/14/2024  oft business. Forde Construction Company, Inc. Houston, TX United States being filed. City of Hempstead 2384-0001-01  Provide the identification number used by the governmental entity or state agency to track ori identify the contract, and providea  description oft the services, goods, or other property tol be provided under the contract.  Asphalt Pavement Rehab Program 2024  Nature ofi interest (check applicable) Controlling Intermediary  Name ofl Interested Party  City, State, Country (place of business)  5 Check onlyi ift there is NOI Interested Party. 6 UNSWORN DECLARATION My namei is My address is  Paul Forde 6842 Calle Lozano Dr (street)  and my date ofb birthi is 1/10/69  Houston (city)  Tx  77041 (state) (zipcode) (country) 20 day ofSeptember2t 2024  USA  Ideclare under penalty of perjury that the foregoingi ist true and correct.  Executedi in Harris  County, State of Texas  (month) entity Version V4.1.0.48da5117  (year)  (Declarant)  Forms provided by Texas Ethics Commission  www.etncsstate.kus  78    Sabrina Alvarez From: Sent: To: Cc: Subject: Attachments: Mr. Rodriquez.  Charles Williams cwilemseoson.pcom, Thursday, September 19, 20243:33PM 22105 Ground Lease draft 2024-05-24 22105 Ground Lease draft 2024-05-24.docx  Frank Rodriguez Sabrina Alvarez  This request relates to the Peebles Street cell tower. Attached is a proposed lease that reestablishes the lease This lease will establish easements, regulatory processes and reviews for the tower and possible affect City Ini the attached draft lease, please see Section 4.- INGRESS AND EGRESS. which provides as follows:  between the City and a new owner.  property that Iwould ask you to evaluate on behalf oft the City.  (a) Lessor hereby grants to Lessee an easement (the "Easement") for ingress, egress and regress over the Premises adjacent to the Leased Space for construction, operation and maintenance of the Structures on the Leased Space, and for installation, construction, operation and maintenance of underground and above ground telephone, telegraph, and power lines, in connection with its use of the Leased Space. The term oft this Easement will commence on the Effective Date and will continue until the last to occur of (i) expiration of the initial term or renewal term, or (i) removal by Lessee of all ofi its property from the Leased Space after expiration of the initial term or renewal term. The Easement shall be included in any recorded Memo (as hereinafter defined) of this Lease. In addition, at Lessee's request and expense, this Easement will be set forth in a separate easement agreement (the "Easement Agreement"), which Lessor and Lessee agree to execute and which Lessee will have recorded as an encumbrance on the Premises. In all events, the Easement and this Lease shall be (b) Lessee agrees that Lessor may, at Lessor's expense, relocate the above described Easement to another comparable location ont the Premises provided that: (i) Lessee receives no less than sixty (60) days prior written notice thereof; (ii) Lessee approves the proposed new location of the easement on the Premises, which approval will not be unreasonably withheld or delayed; (iii) Lessee's access and beneficial use and enjoyment of the Leased Space is not interrupted, obstructed or materially affected; (c) Int the event that Lessee from time to time subleases all or a portion of the Leased Space oras otherwise reasonably required by Lessee for work at the Leased Space, Lessor hereby grants to Lessee at temporary construction easement over such portion oft the Premises as is reasonably necessary for such work. Following the completion of such work, Lessee shall, at Lessee's sole cost and expense, promptly repair any damage to the temporary easement area arising from Lessee's use thereof  binding upon all subsequent owners, successors and assigns.  and (iv) the utility services to the Leased Space are not interrupted.  And Section 7    7.  GOVERNMENTAL APPROVALS AND COMPLIANCE. During thei initial term or renewal term, Lessee will make reasonable efforts to comply with all applicable laws affecting Lessee's use or occupancy oft the Leased Space. Lessee will not commit, or suffer to be committed, any waste on the Leased Space. Lessor agrees to fully cooperate with Lessee in order to obtain the necessary permits for construction and use of the Leased Space and its Structures (including any modification(s) tot the tower or Leased Space or the addition(s) of equipment or sublessees to the tower or Leased Space), including, but not limited to, zoning approvals/permits and building permits. Lessor agrees not to take any action that may adversely affect Lessee's ability to obtain all oft the necessary permits required for construction oft the Structures. Lessee will obtain any necessary governmental licenses or authorizations required for the construction and use of Lessee's intended Structures on the Leased Space and will furnish copies of same to Lessor as same are issued. Ifand to the extent Lessee is ata any time required to landscape or provide screening around the outside oft the tower or Leased Space, Lessor hereby grants Lessee an easement ten (10) feet in width around the perimeter of and adjacent to the Leased Space in order to comply with such landscaping or screening requirements.  And Section 10  10. LESSEE IMPROVEMENTS.  Lessee has the right, at its sole expense, to make the  improvements on the Leased Space as it may deem necessary, including any improvements necessary for the construction and operation oft the Structures. Lessee will be responsible fori the cost of any site preparation work necessary to prepare the Leased Space to support the Structures. All Lessee's improvements, including but not limited to, prefabricated buildings, generators, fencing, Structures and any other improvements will remain the personal property of Lessee. The Structures may be used for the transmission, reception and relay of communication signals, including, without limitation, radio frequency signals. Upon termination of this Lease, Lessee will, to the extent reasonable, restore the Leased Space to its original condition at the commencement oft this Lease, except for ordinary wear and tear and damages by the elements or damages over which Lessee had no control. Lessee and Lessor agree that it will not be reasonable to require Lessee to remove any improvements contemplated hereunder which are permanent in nature, including but not limited to foundations, footings, concrete, Lessor hereby grants an appurtenant easement to Lessee (i) in, over and across the Premises for the purpose of anchoring, mounting and replacing the guy wires extending from Lessee's tower on the Leased Space, and (ii) in, over and across that portion oft the Premises lying within twenty (20) feet from each guy wire anchor and from both sides of every guy wire for the purpose of maintaining and repairing such guy anchors and wires together with the right to clear all trees, undergrowth or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, undergrowth, or other obstructions which may, ini the reasonable opinion of Lessee, interfere with or fall upon Lessee's tower, any oft the tower's guy anchors and wires or any of Lessee's other improvements on the Leased Space.  paving, gravel, vegetation and utilities.  At the end of the Lease are a series of extended legal descriptions of access and guy wire easements that may affect City property, particularly access to what may be a cemetery. In effect the Lease will be establishing easements over City property, and your evaluation is veryi important, in addition to recording such easements  ini the City records.  Please let m know if you have any questions.  2    Thanks Charles Williams  Charles M. Wiliams, Attorney Wllamseosonlpcom  Wortham Tower, Suite 600 I 2727 Allen Parkway I Houston, Texas 77019-2133 Main: (713)533-3806 I Facsimile: (713)533-3888 www.0lsonlLPcom  YEARS  OLSON,OLSONU  ATTORNEYSATIAW  3    GROUND LEASE. AGREEMENT  This GROUND LEASE AGREEMENT, hereinafter referred to as "Lease", is made the last day executed below by and between the CITY OF HEMPSTEAD, Waller County, Texas, hereinafter referred to as "Lessor", and CTI TOWERS ASSETS II, LLC, a Delaware limited liability company, having a mailing address of 3300 Paramount Parkway, Suite 110, Morrisville, NC 27560 hereinafter referred to as  "Lessee."  WHEREAS, Lessor owns the real estate located in the City ofl Hempstead, County of Waller, State WHEREAS, Lessee desires, and Lessor agrees on the terms and conditions set forth in this Agreement, to allow Lessee to lease aj portion of the Premises as depicted in Exhibit A attached hereto, to construct, operate and maintain a wireless communications facility, including a communications tower, antennas, cables, and related structures and improvements (collectively the "Structures").  ofTexas a/k/a Parcel 104047 (the "Premises"); and  NOW, THEREFORE, the parties agree as follows:  1. approximately 2.  LEASED SPACE. AND PREMISES. Lessor shall lease, and hereby leases, to Lessee  square feet of space as depicted in Exhibit A attached hereto (the "Leased  Space") within the Premises, as described in the legal description in Exhibit B attached hereto.  TERM.The initial term of this Lease will be five (5) years beginning on the date last  executed below ("Commencement Date") and shall automatically renew for up to four (4) additional terms offive( (5)years each unless Lessee notifies Lessor ofi its intention not to renew prior to commencement of  the succeeding renewal term.  3.  RENT.  (a) Lessee shall pay Lessor rent for the Leased Space in the amount of Seven Thousand and Two Hundred and 00/100 Dollars ($7,200.00) per annum ("Rent") for the first year of the Initial Term. Said Rent shall be payable yearly, in advance, beginning on the Commencement Date and subsequent installments willl be payable on the first day of each successive year oft the Initial Term and any Extended Terms, which Lessee will pay tol Lessor at the place as Lessor will designate to Lessee in writing.  4.  INGRESS AND EGRESS.  (a) Lessor hereby grants to Lessee an easement (the "Easement") for ingress, egress and regress over the Premises adjacent to the Leased Space for construction, operation and maintenance oft the Structures on the Leased Space, and for installation, construction, operation and maintenance of underground and above ground telephone, telegraph, and power lines, in connection with its use of the Leased Space. The term of this Easement will commence on the Effective Date and will continue until the last to occur of (i) expiration of the initial term or renewal term, or (ii) removal by Lessee of all ofi its property from the Leased Space after expiration oft the initial term or renewal term. The Easement shall be included in any recorded Memo (as hereinafter defined) oft this Lease. In addition, at Lessee's request and expense, this Easement will be set forth in a separate easement agreement (the "Easement Agreement"), which Lessor and Lessee agree to execute and which Lessee will have recorded as an encumbrance on the Premises. Ina all events, the Easement and this Lease shall be binding upon all subsequent owners, successors  and assigns.  (b) Lessee agrees that Lessor may, atl Lessor's s expense, relocate the above described Easement to another comparable location on the Premises provided that: (i) Lessee receives no less than sixty (60)  Site Number: 22105/Peebles    days prior written notice thereof; (ii) Lessee approves the proposed new location of the easement on the Premises, which approval will not be unreasonably withheld or delayed; (m)Lessee'saccess: andl beneficial use and enjoyment of the Leased Space is not interrupted, obstructed or materially affected; and (iv) the  utility services to the Leased Space are noti interrupted.  (c) Int the event that Lessee from time to time subleases all or aj portion oft the Leased Space or as otherwise reasonably required by Lessee for work at the Leased Space, Lessor hereby grants to Lessee a temporary construction easement over such portion of the Premises as is reasonably necessary for such work. Following the completion of such work, Lessee shall, at Lessee's sole cost and expense, promptly  repair any damage to the temporary easement area arising from Lessee's use thereof.  5.  TITLE AND QUIET POSSESSION. Lessor represents and covenants that Lessor owns  the Premises and the Leased Space in fee simple terms, free and clear of all liens, encumbrances and restrictions ofevery kind and nature. Lessor represents and warrants that there are no matters affecting title that would prohibit, restrict or impair the leasing of the Leased Space or use or occupancy thereof in accordance with thet terms and conditions oftheLease. Lessor represents and warrants to Lessee that Lessor has the full right to make this Lease and that Lessee will have quiet and peaceful possession of the Leased  Space throughout the initial term or renewal term.  6.  SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT. Lessee agrees  that this Lease will be subject and subordinate to any mortgages or deeds oftrust now or hereafter placed upon the Premises or any portion thereof and to all modifications thereto, and to all present and future advances made with respect to any such mortgage or deed of trust; provided that, the holder of any such instrument agrees in writing that Lessee's possession oft the Leased Space will: not be disturbed SO long as Lessee will continue to perform its duties and obligations under this Lease and Lessee's obligation to perform the duties and obligations will not bei in any way increased ori its rights diminished by thej provisions ofthis paragraph. Lessee agrees to attorn to1 the mortgagee, trustee, or beneficiary under any suchi mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof; provided that, Lessee's possession of the Leased Space will not be disturbed so long as Lessee will continue to perform its duties and obligations under this Lease. Lessor shall make commercially reasonable efforts to provide Lessee, within thirty (30) days after the Commencement Date, or within ten (10) business days after the date of creation of any future mortgages or deeds of trust, a subordination, non-disturbance and attornment agreement ("SNDA") in form reasonably acceptable to Lessee, from any holder ofa mortgage, deed to  secure debt, or deed of trust to which this Lease is, or will become, subordinate.  7.  GOVERNMENTAL APPROVALS AND COMPLIANCE. During thei initial term or  renewal term, Lessee will make reasonable efforts to comply with all applicable laws affecting Lessee's use or occupancy of the Leased Space. Lessee will not commit, or suffer to be committed, any waste on the Leased Space. Lessor agrees to fully cooperate with Lessee in order to obtain the necessary permits for construction and use oft the Leased Space and its Structures (including any modification(s) to the tower or Leased Space or the addition(s) of equipment or sublessees to the tower or Leased Space), including, but not limited to, zoning approvals/permits and building permits. Lessor agrees not to take any action that may adversely affect Lessee's ability to obtain all oft the necessary permits required for construction oft the Structures. Lessee will obtain any necessary governmental licenses or authorizations required for the construction and use ofLessee's intended Structures on the Leased Space and will furnish copies ofs same tol Lessor as same are issued. Ifand to the extent Lessee is at any time required to landscape or provide screening around the outside of the tower or Leased Space, Lessor hereby grants Lessee an easement ten (10): feet in width around the perimeter of and adjacent to the Leased Space in order to comply with such  landscaping or screening requirements.  8.  ASSIGNMENT AND SUBLEASING.  Site Number: 22105/Peebles    (a) Lessee may sublet all or part of the Leased Space in whole or inj part without notice to Lessor and without Lessor's consent. Lessee may freely assign this Lease and, after such assignment, Lessee shall be relieved ofa all liabilities and obligations under this Lease. Unredacted copies ofany and all sublease agreements, including all amendments thereto, thereafter shall be provided to the Lessor within 30 days of execution to the address provided for in Section 9 below or at another address that Lessor may (b) Lessor may assign this Lease or sell the Premises in whole or inj part with Lessee'so consent inl Lessee's commercially reasonable discretion and subject to the requirements of Section 34 herein. required or permitted to be given pursuant tot this Lease willl be in writing, signed by the notifying party, or officer, agent or attorney oft the notifying party, and will be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight courier service or by overnight express mail, or upon posting ifsent! by registered or certified mail, postage prepaid, return receipt  SO designate pursuant to that section.  9.  NOTICES. All notices, demands, requests, consents, approvals and other instruments  requested, and addressed as follows:  To Lessor:  City ofH Hempstead 1125. Austin St. Hempstead, Texas 77445 Phone #- (979) 826-2486 City of Hempstead 1125. Austin St. Hempstead, Texas 77445 CTI Towers Assets II, LLC 3300 Paramount Parkway, Suite 110 Morrisville, NC: 27560 Attn: Lease Administration CTI Towers Assets II,I LLC 3300 Paramount Parkway, Suite 110 Morrisville, NC: 27560 Attn: Legal Department  Rent Payable to: To Lessee:  withac copy to:  The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by the party as above provided. Simultaneously with any notice ofdefault given tol Lessee under thet terms ofthis Lease, Lessor shall deliverac copy ofs such notice tol Lender  at an address tol be provided by Lessee.  10. LESSEE IMPROVEMENTS. Lessee has the right, at its sole expense, to make the improvements on the Leased Space as it may deem necessary, including any improvements necessary for the construction and operation of the Structures. Lessee will be responsible for the cost of any site preparation work necessary to prepare the Leased Space to support the Structures. All Lessee's improvements, including but not limited to, prefabricated buildings, generators, fencing, Structures and any other improvements will remain the personal property of Lessee. The Structures may be used for the transmission, reception and relay of communication: signals, including, without limitation, radio frequency signals. Upon termination ofthis Lease, Lessee will, to the extent reasonable, restore the Leased Space to  Site Number: 22105/Peebles    its original condition at the commencement oft this Lease, except for ordinary wear and tear and damages by the elements or damages over which Lessee had no control. Lessee and Lessor agree that it will not be reasonablei to require Lessee to remove any improvements contemplated hereunder which are permanent in nature, including but not limited to foundations, footings, concrete, paving, gravel, vegetation and utilities. Lessor hereby grants an appurtenant easement to Lessee (i) in, over and across the Premises fort the purpose ofanchoring, mounting and replacing the guy wires extending from Lessee'st tower on the Leased Space, and (i) in, over and across that portion of the Premises lying within twenty (20) feet from each guy wire anchor and from both sides of every guy wire for the purpose ofi maintaining and repairing such guy anchors and wires together with the right to clear all trees, undergrowth or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, undergrowth, or other obstructions which may, in the reasonable opinion of Lessee, interfere with or fall upon Lessee's tower, any of the tower's guy anchors 11. INSURANCE. Lessee, at all times during the term(s) oft this Lease, will maintain in full force a comprehensive general liability insurance policy covering all ofi its operations, activities, liabilities and obligations on the Leased Space, having limits not less than One Million Dollars ($1,000,000). On or before the Commencement Date, Lessee will give Lessor a certificate of insurance evidencing that such insurance is in effect. Lessee shall deliver tol Lessor ai renewal certificate evidencing that such insurance is in effect within ten (10) business days ofLessor's request for such certificate. The insurance policy shall be issued by an insurance company authorized to do business in the state in which the Leased Space is located and shall provide thirty (30) days prior written notice to the Lessor of any cancellation of such policy. Any insurance required to be provided by Lessee may be provided by a blanket insurance policy covering the Leased Space and other properties leased or owned by Lessee provided that such blanket insurance policy complies with all of the other requirements with respect to the type and amount of 12. OPERATING EXPENSES. Lessee will pay for all water, gas, heat, light, power, telephone service, and other public utilities furnished to the Leased Space and used by Lessee throughout the initial term or renewal term hereof, and all other costs and expenses of every kind whatsoever in connection with the use, operation, and maintenance of the Leased Space and all activities conducted  and wires or any ofLessee's other improvements on the Leased Space.  insurance.  thereon.  13. TAXES.  Lessee will pay any personal property taxes assessed on, or any portion of  the taxes attributable to the Structures. Lessor will pay when due all real property taxes and all other fees and assessments attributable to the Premises. In the event Lessor receives a personal property tax bill attributable tot the Structures, Lessor shall forward such tax bill to Lessee within ten (10) days ofr receipt. If Lessor fails toi forward suchi tax bill within ten (10) days ofr receipt, Lessor shall be responsible for payment ofs such tax bill. In the event that Lessor fails toj pay real property taxes due and payable for the Premises, Lessee shall have the right but not the obligation to pay such bills directly to the taxing authority. In the event that Lessee elects to pay such bills, Lessee shall be entitled to a credit oft taxes paid against any Rent due and owing under this Lease. By way of example, ifLessee pays a Five Thousand Dollar ($5,000.00) tax bill that Lessor has failed to pay, Lessee shall be entitled to a Rent credit of Five Thousand Dollars ($5,000.00) and shall be entitled to withhold payment of Rent until such credit is exhausted. 14. MAINTENANCE. Lessee will use best efforts to maintain the Leased Space in good condition and state of repair. Except insofar as Lessee is made responsible by this Lease, Lessor will maintain the Premises surrounding the Leased Space in good condition and state of repair.  15. HOLDI HARMLESS. Lessor will be held harmless by Lessee from any liability (including reimbursement of reasonable attorneys' fees and all costs) for damages to any person or any  Site Number: 22105/Peebles    property in or upon the Leased Space at Lessee's invitation, or for damages to any person or property resulting from the actions ofLessee (including damages caused by or resulting from the existence ofthe Structures) on the Leased Space, unless the damages are caused by, or are the result of, the misconduct or negligence ofLessor or any ofLessor'sa agents, servants, employees, licensees or invitees. Notwithstanding any provisions herein to the contrary, it is understood and agreed that all property kept, installed, stored or maintained in or upon the Leased Space by Lessee willl bes sO installed, kept, stored or maintained at the risk ofLessee. Lessor will not be responsible for any loss or damage to equipment owned by Lessee which might result from tornadoes, lightning, wind storms, or other Acts of God; provided, however, Lessor will be responsible for, and agrees to hold Lessee harmless from any liability (including reimbursement of reasonable legal fees and all costs), for damages to any person or any property in or upon the Leased Space arising out of the misconduct or negligence of Lessor or any of Lessor's agents, servants, employees, licensees ori invitees. Except for those resulting from the willful misconduct ofe either party, neither Lessor nor Lessee will in any event be liable in damages for each other's business loss, business interruption or other consequential damages of whatever kind or nature, regardless ofthe cause ofthe damages, and each party, and anyone claiming by or through them, expressly waives all claims for the damages.  16. DEFAULT AND TERMINATION. under this Agreement (each an "Event ofDefault"):  (a) Default.  Each of the following events shall be deemed to be an event of default IfLessee shall default in the payment of any Rent or other sum or money due  i.  Lessor hereunder and such default shall continue for aj period oft ten (10) days after the date of receipt of  written notice of such default from Lessor to Lessee;  ii.  Except where different cure periods are expressly provided in this Agreement to  the contrary, if either shall default in the observance or performance of any of such party's non-monetary obligations undert this Agreement and such default shall continue fori more than thirty (30) days after receipt ofwritten notice ofs such default the other party provided, however, that ifs such default is capable of being cured but not within such thirty (30) day period, this Agreement may not be terminated SO long as the defaulting party diligently prosecutes such cure to completion in a commercially reasonable amount of proceeding by or against either party, or an assignment for the benefit of creditors, or a petition or proceeding by or against a party for the appointment ofat trustee, receiver or liquidator ofaj party or against ap party's property, orap proceeding by any governmental: authority fort the dissolution or liquidation ofeither  time; and  iri. The filing, execution, or occurrence ofa petition in bankruptcy or other insolvency  party.  (b) Lessee Termination. Lessee may terminate this Lease if:  Any governmental agency denies a request by Lessee for a permit, license or  approval which is required for Lessee to construct or operate the Structures on the Leased Space or any  such permit is revoked;  ii.  Lessee determines that technical problems or radio interference problems from  other antennas or from nearby radiotransmitting facilities, which problems cannot reasonably be corrected,  impair or restrict Lessee from using the Leased Space for Lessee'si intended purpose;  iii. Lessee determines that it does not have acceptable and legally enforceable means  ofingress and egress to and from the Leased Space;  Site Number: 22105/Peebles    iv.  Lessor does not have legal or sufficient ownership of or title to the Leased Space  or Premises or the authority to enter into this Lease; The Leased Space is the subject ofa condemnation proceeding or taking by a governmental authority, or quasl-governmental authority with the power of condemnation, or ifthel Leased Space ist transferred in lieu of condemnation (Rent willl be abated during the  period of condemnation or taking);  V.  Utilities necessary for Lessee's contemplated use of the Leased Space are not vi. The Premises now or hereafter contains a Hazardous Material or Lessor fails to  available;  cure a Breach of Environmental Laws;  vii. Lessee is unable to obtain a commercially reasonable SNDA;  viii. Lessor has failed to cure an Event of Default by Lessor under this Agreement after ix. IfLessee determines, in its sole discretion, that it will be unable to use the Leased  such notice and cure period as provided herein;  Space for any reason. Ini the event of termination by Lessee or Lessor pursuant to this provision, Lessee  will be relieved ofall further liability hereunder.  Lessee may terminate the Lease for any of these reasons by providing Lessor with thirty (30) days prior written notice. Any Rent paid prior to the termination date and applicable to periods prior to the termination date will be retained by Lessor. To the extent applicable, Rent shall be prorated in the event of termination herein. Any Rent paid prior to the termination date and applicable to periods after the termination date shall be refunded to Lessee by Lessor. In the event Lessor fails toj perform its obligations under this Lease for any reason other than Lessee's breach, Lessee may pursue all remedies available at law and in equity. Lessor hereby acknowledges that Lessee will incur significant expenses in reliance on this Lease, and therefore agrees to pay Lessee for all consequential damages which Lessee will suffer as a result ofLessor's breach. In the event Lessor fails to comply with the terms ofthis Lease, Lessee may, in its sole and absolute discretion, cure any such default, and to the extent Lessee incurs any expenses in connection with such cure (including but not limited to the amount of any real property taxes Lessee pays on behalf of Lessor), Lessor agrees to promptly reimburse Lessee for such reasonable expenses incurred and hereby grants Lessee a security interest and lien on the Premises, to secure Lessor's obligation to repay such amounts to Lessee. In addition, Lessee may offset the amount of any such expenses incurred against (c) Lessor Termination. Lessor may terminate this Lease, at its option, ifLessee has failed toc cure an Event of Default by Lessee under this Agreement after such notice and cure period as provided Space is a competitive business. During the initial term or renewal term, neither Lessor, nor its successors ori its assigns, will use or suffer or permit another person, corporation, company, or other entity to use the Premises or any adjacent parcel ofland now orl hereafter owned, leased or managed by Lessor, its successors  any Rent payable hereunder.  herein.  17. EXCLUSIVITY.  Lessor acknowledges that Lessee's intended use of the Leased  ora assigns, for the uses permitted herein or other uses similar thereto.  18. BINDING ON SUCCESSORS.  The covenants and conditions contained herein  will apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto.  Site Number: 22105/Peebles    Further, this Lease will run with the land and all subsequent purchasers will be subject to the terms and  conditions specified herein.  19. ACCESSTOI LEASED SPACE/PREMISES. Lessee shall have at all times during the initial term or renewal term the right of access to and from the Leased Space and all utility installations servicing the Leased Space on a 24 hours per day/7 days per week basis, on foot or by motor vehicle, including trucks, and for the installation and maintenance ofu utility wires, cables, conduits and pipes over, under and along the right-of-way extending from the nearest accessible public right-of-way. will be governed by the laws oft the State in which the Leased Space is located.  20. GOVERNING LAW. The parties intend that thisl Lease and thei relationship ofthe parties 21. ENTIRE AGREEMENT. All of the representations and obligations of the parties are contained herein, and noi modification, waiver or amendment ofthis] Lease or ofany ofi its conditions or provisions will be binding upon aj party unless in writing signed by that party or a duly authorized agent of that party empowered by a written authority signed by that party. The waiver by any party ofa breach of any provision oft this Lease will not operate or be construed as a waiver of any subsequent breach of that  provision by the same party, or ofany other provision or condition ofthe Lease.  22. SURVEY AND' TESTING. Lessee will have the right during the initial term or renewal term oft this Lease to survey, soil test, and make any otheri investigations necessary to determine if thes surface and subsurface ofthel Leased Space are suitable for construction and operation ofthe Structures. IfLessee, prior to completion oft the Structures determines that for any reason the surface or subsurface of the Leased Space is not suitable to construct and operate the Structures, this Lease, upon written notice given to Lessor prior to completion of the Structures will become null and void; provided that at Lessee's sole expense the Leased Space will be promptly restored to the extent contemplated by the Lessee Improvements section above and provided further that Lessee will deliver copies of all soil tests and 23. OIL, GAS AND MINERAL RIGHTS.Lessor does not grant, lease, let or demise hereby, but expressly excepts and reserves here from all rights to oil, gas and other minerals in, on or under and that might bej produced ori mined from the Leased Space; provided, however, that no drilling or other activity will be undertaken on or beneath the surface of the Leased Space or Easement area to recover any oil, gas or minerals. This/ Lease is given and accepted subject to the terms and provisions ofany valid oil, gas and mineral lease covering the Leased Space or any part thereof, now of record in the office oft the county clerk or other recording authority as applicable, provided, however, that any future oil, gas or mineral lease covering the above described lands or any part thereofwilll bei in all respects subordinate. andi inferior toi the rights, privileges, powers, options, immunities, andi interests granted tol Lessee under thet terms ofthisl Lease.  investigation reports to Lessor.  24. HAZARDOUS WASTE.  (a) The term "Hazardous Materials" will mean any substance, material, waste, gas or particulate matter which is regulated by the local governmental authority where the Leased Space is located, the State in which the Leased Space is located, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or restricted hazardous waste" under any provision of state or local law, (ii) petroleum, (iii) asbestos, (iv) polychlorinated biphenyl, (v) radioactive material, (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. '1251 et seq. (33 U.S.C. '1317), (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recover. Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (vii) defined as a' "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and  Site Number: 22105/Peebles    Liability Act. 42 U.S.C. 9601 et seq. (42) U.S.C. 9601). The term "Environmental Laws" will mean all statutes specifically described in the foregoing sentence and all applicable federal, state and local environmental health and safety statutes, ordinances, codes, rules, regulations, orders and decrees regulating, relating to or imposing liability or standards concerning or in connection with Hazardous (b) Lessor represents and warrants that, tot the best ofLessor's knowledge, (i)t the Leased Space has not been used for the use, manufacturing, storage, discharge, release or disposal of! hazardous waste, (ii) neither the Leased Space nor any part thereofisi in breach of any Environmental Laws, (iii) there areno underground storage tanks located on or under the Leased Space, and (iv) the Leased Space is free of any Hazardous Materials that would trigger response or remedial action under any Environmental Laws or any existing common law theory based oni nuisance or strictl liability. Ifany suchi representation is in any manner breached during the initial term or renewal term ofthis Lease (a' "Breach"), and ifa Breach gives riset to or results in liability (including, but not limited to, a response action, remedial action or removal action) under any Environmental Laws or any existing common law theory based on nuisance or strict liability, or causes as significant effect on public health, Lessor will promptly take any and all remedial and removal action as required by law to clean up the Leased Space, mitigate exposure to liability arising from, and keep the Leased Space free ofany lien imposed pursuant to, any Environmental Laws as ai result ofal Breach. (c) In addition, Lessor agrees to indemnify, defend and hold harmless Lessee, its officers, partners, successors and assigns from and against any and all debts, liens, claims, causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), personal injuries, losses, attorneys' fees, damages, liabilities, demands, interest, fines, penalties and expenses, consultants' fees and expenses, court costs and all other out-of-pocket expenses, suffered or incurred by Lessee and its grantees as a result of(a)any Breach, or (b) any matter, condition or state of fact involving Environmental Laws ofHazardous Materials which existed on or arose during the initial term or renewal term of this Lease and which failed to comply with (i) the Environmental Laws then in effect or  Materials.  (ii) any existing common law theory based on nuisance or strict liability.  (d) Lessor represents and warrants to Lessee that Lessor has received no notice that the Premises or any part thereof is, and, to the best of its knowledge and belief, no part of the Premises is located within an area that has been designated by thel Federal Emergency Management Agency, the Army Corps of Engineers or any other governmental body as being subject to special hazards. (e) The covenants ofthis section will survive and be enforceable and will continue in full force and effect for the benefit ofLessee and its subsequent transferees, successors and assigns and will survive  the initial term or renewal term of this Lease and any renewal periods thereof.  25. MECHANIC'S AND LANDLORD'S, LIENS. Lessee will not cause any mechanic's or materialman's lien to be placed on the Leased Space and Lessee agrees to indemnify, defend and hold harmlessI Lessor from any such lien: from aj party claiming by, through or underLessee. Additionally,Lessor disclaims and waives any now existing or hereafter arising landlord's lien or other statutory or non-statutory lien or security interest in Lessee' s and/or its sublessees' communication facilities, Structures, equipment, 26. HEADINGS. Thel headings of sections and subsections are for convenient reference only and will not be deemed tol limit, construe, affect, modify or alter the meaning ofthes sections or subsections. 27. TIME OF ESSENCE. Time is oft the essence ofLessor's and Lessee's obligations under  improvement, fixtures or other property.  this Lease.  Site Number: 22105/Peebles    28. SEVERABILITY. Ifany section, subsection, term or provision of this Lease or the application thereof to any party or circumstance will, to any extent, be invalid or unenforceable, the remainder oft the section, subsection, term or provision oft thel Lease or the application of same toj parties or circumstances other than those to which it was held invalid or unenforceable, will not be affected thereby and each remaining section, subsection, term or provision oft this Lease will be valid or enforceable to the  fullest extent permitted by law.  29. REAL ESTATE BROKER. Lessor represents and warrants that Lessor has not signed al listing agreement, dealt with or otherwise agreed to pay al broker's commission, finder's fee or other like compensation to anyone in connection with the lease oft the Leased Space or the transaction contemplated by this Lease and Lessor agrees to indemnify and hold Lessee harmless from and against any such claims or costs, including attorneys' fees, incurred as al result oft the transaction contemplated by this Lease. 30. FURTHER ASSURANCES. Each oft the parties agree to dos such further acts and things and to execute and deliver the additional agreements and instruments (including, without limitation, requests or applications relating to zoning or land use matters affecting the Structures) as the other may reasonably require to consummate, evidence or confirm this Lease or any other agreement contained herein int the manner contemplated hereby. IfLessor fails to provide requested documentation within thirty (30) days of Lessee's request, or fails to provide an SNDA required in this Lease, Lessee may withhold and accrue the monthly rental until such time as all such documentation is received by Lessee.  31. RIGHTTOREGISTER OR RECORD.  Lessee may request that Lessor executea  Memorandum of Ground Lease Agreement, Memorandum of Land Lease or Short Form of Lease (collectivelya" "Memo") for recording in the public records. Lessor agrees and authorizes Lessee to attach and/orinsert ac certified legal description ofthel Leased Space, once complete, toi the Memo and record same  int the public records.  32. INTERPRETATION. Each party to this Lease and its counsel have reviewed and had the option to revise this Lease. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Lease or of any  amendments or exhibits to this Lease.  33. CONDEMNATION. Lessor shall fully advise Lessee in a timely manner of all condemnation proceedings or prospective condemnation proceedings in order that Lessee may fully protect and prosecute its rights and claims relating to the Leased Space. Ifthe whole ofthe Leased Space shall be taken or condemned by, or transferred in lieu ofcondemnation to, any governmental or quasl-governmental authority or agency with the power of condemnation during the initial term or renewal term of this Lease, Lessee shall be entitled to any award based upon its leasehold interest as set forth in this Lease, along with the value ofallLessee's S improvements, including, but not limited to, the Structures, prefabricated buildings, generators, fencing and any other improvements and for all of Lessee's other personal property, trade fixtures, fixtures, moving expenses, business damages, business interruption, business dislocation, prepaid Rent or other losses or expenses as may be incurred. In the event only a portion of the Premises, which portion does not include the whole of the Leased Space, shall be taken or condemned by, or transferred in lieu of condemnation to any governmental or quas-govermental authority or agency with the power of condemnation during the ori initial term or renewal term ofthisLease, Lessee shall have the option to either: (1) terminate this Lease; or (2) continue inj possession of the property pursuant to the terms oft this Lease with aj proportionate reductioni in Rent equal tot that portion, ifany, ofthel Leased Space sot taken, condemned ort transferred in lieu of condemnation. Ine either event, Lessee shall be entitled to any award based upon its leasehold interest in the portion of the Premises condemned, taken or transferred in lieu of condemnation, along with the value of all Lessee's improvements, including, but not limited to, the Structures, prefabricated buildings, generators, fencing and any other improvements and for all of Lessee's other  Site Number: 22105/Peebles    personal property, trade fixtures, fixtures, moving expenses, business damages, business interruption, business dislocation, prepaid Rent or other losses or expenses as may bei incurred. Nothing contained! herein shall prohibit Lessee from making its own claims against any condemning authority for any losses or damages Lessee shall incur as a result ofa condemnation, or sale in lieu of condemnation, oft the whole or  any portion oft the Premises.  34. RIGHT OF FIRST REFUSAL.  Lessor shall not, prior to the expiration of the  term of this Lease, or any renewal term(s) or extensions thereof, sell any interest in the Leased Parcel including any interest ini this Lease without first giving written notification to Lessee (the "Notice of Sale"). The Notice of Sale shall include a copy of the proposed sale or agreement. For the period of thirty (30) days after receipt of the Notice of Sale, Lessee shall have the right to give written notice to Lessor of Lessee's right to purchase the Leased Parcel, the interest therein proposed to be sold, or the Premises or portion of the Premises on the same terms, price and conditions as set forth in the Notice of Sale. In the event Lessor does not receive written notice ofLessee's exercise of the right herein granted within said thirty (30) day period, there shall be a conclusive presumption that Lessee has not elected to exercise Lessee's sI right hereunder, and Lessor may complete the sale to the prospective purchaser on the same terms set forth in the Notice of Sale. Ini the event that Lessor sells any interest in the Lease Parcel, the Lease or Premises in violation of this Lease, Lessee shall be entitled to reduce its Rent to One Dollars ($1.00) per  month for the remainder ofthe Lease, including all renewal terms available.  35. DATE OF LEASE. The parties acknowledge that certain obligations of Lessor and Lessee are to be performed within certain specified periods of time which are determined by reference to the date of execution oft this Lease. The parties therefore agree that wherever the term "date of execution oft this Lease," or words ofs similar import are used herein, they will mean the date upon which this Lease has been duly executed by Lessor and Lessee whichever is the later to sO execute this Lease. The parties further agree to specify the date on which they execute this Lease beneath their respective signatures in the space provided and warrant and represent to the other that such a date is in fact the date on which each duly  executed his or her name.  Site Number: 22105/Peebles    IN WITNESS WHEREOF, the parties hereto have executed this Lease on the last day and year specified  below.  LESSOR:  City ofH Hempstead, Waller County, Texas.  By: Name: Title: Date:  LESSEE: By: Name: Title: Date:  CTITowers Assets II, LLC  Site Number: 22105/Peebles    EXHIBITA A  Current Sketch/Survey oft the Leased Space within the Premises  Site Number: 22105/Peebles    EXHIBITE B LEGAL DESCRIPTION  The Leased Space shall consist of a portion of the below described parcel along with easement rights for access to the Leased Space by vehicle or foot from the nearest public way and for the installation of utility Blocks 573 and 599, City of Hempstead, Waller County, Texas according to the map or plat thereof recorded in Volume 106, Page 306, Deed Records of Waller County, Texas. Said interest being over land more particularly described by the following description:  wires, poles, cables, conduits and pipes on the Premises.  LEASE. AREA  All that tract or parcel ofl land lying and being in. J. E. Groce Survey, Abstract 131 int the City ofHempstead ofWaller County, Texas, and being aj part ofthe lands ofHempstead Cemetery, and beingi more particularly To find the point of beginning, COMMENCE at the northwesterly property corner of said Hempstead Cemetery and the intersection oft the northerly and westerly right-of-way lines, said property corner having aTexas Grid North, NAD83, Central Zone Value of N: 13952672.0507 E: 2895576.2495; thence running along said northerly right-of-way line to aj point, South 89°21'33" East, 45.90 feet toa aj point; thence, South 89°21'33" East, 30.00 feet to the true POINT OF BEGINNING, said point having a Texas Grid North, NAD83, Central Zone Value of N: 13952671.2019 E: 2895652.1496; Thence leaving said northerly right-of-way line, South 00°38'27" West, 50.00 feet to a point; Thence, North 00°38'27" East, 50.00 feet to aj point and the POINT OF BEGINNING.  described as follows:  Thence, South 89°21'33" East, 30.00 feet to aj point; Thence, North 89°21'33" West, 30.00 feet to aj point; Bearings are based on' Texas Grid North, NAD83, Central Zone.  Said tract contains 0.0344 acres (1,500 square feet), more or less, as shown in a survey prepared for CTI TOWER ASSETS II, LLC by POINTT TOPOINTLAND: SURVEYORS, INC. dated August 28, 2020, last  revised March 2, 2020  30' INGRESS-EGRESS & UTILITY EASEMENTI  All that tract or parcel ofl land lying and being in. J.E E.C Groce Survey, Abstract 131 in the City ofHempstead of Waller County, Texas, and being aj part of the lands ofH Hempstead Cemetery, and being more particularly To find the point of beginning, COMMENCE at the northwesterly property corner of said Hempstead Cemetery lands and the intersection of the northerly and westerly right-of-way lines adjoining said Hempstead Cemetery lands, said property corner having a' Texas Grid North, NAD83, Central Zone Value thence running along said northerly right-of-way line, South 89°21'33" East, 45.90 feet to the true POINT Thence, South 89°21'33" East, 30.00 feet to aj point, said point having a' Texas Grid North, NAD83, Central Thence leaving said northerly right-of-way line, South 00°38'27" West, 50.00 feet to aj point; Thence, North 00°38'27" East, 50.00 feet to aj point and the POINT OF BEGINNING.  described as follows:  ofN: 13952672.0507 E: 2895576.2495;  OF BEGINNING;  Zone Value ofN: 13952671.2019 E: 2895652.1496; Thence, North 89°21'33" West, 30.00 feet to a point;  Site Number: 22105/Peebles    Bearings are based on Texas Grid North, NAD83, Central Zone.  Said easement contains 0.0344 acres (1,500 square feet), more or less, as shown in a survey prepared for CTIT TOWER ASSETS II, LLC by POINT TOI POINTI LAND SURVEYORS, INC. dated August 28, 2020,  last revised March 2, 2020.  30 INGRESS-EGRESS & UTILITY EASEMENT2  Together with a 30-foot wide Ingress-Egress and Utility Easement (lying 15 feet each side of centerline) lying and being in. J.E E. Groce Survey, Abstract 131 in the City ofHempstead ofWaller County, Texas, and being aj part of the lands ofthe City Hempstead, and being particularly described by thei following centerline To find the point of beginning, COMMENCE at the northwesterly property corner of said Hempstead Cemetery lands and the intersection of the northerly and westerly right-of-way lines adjoining said Hempstead Cemetery lands, said property corner having a' Texas Grid North, NAD83, Central Zone Value thence running along a tie-line, North 00°38'27" East, 80.00 feet to the southwest corner of said City of Hempstead lands and the intersection of the southerly and westerly right-of-way lines adjoining said City thence running along the westerly right-of-way line, North 00°38'27" East, 22.45 feet to a point; thence, North 00°38'27" East, 122.08 feet to the true. POINT OF BEGINNING; Thence leaving said westerly right-of-way line, South 86°54'58" East, 37.52: feet to aj point; Thence 65.14: feet along the arc ofa curve to the right, having al radius of46.141 feet and being scribed by a Thence, South 00°05'05" East, 99.38 feet to the ENDING at a point on said Southerly right-of-way line. As shown in a survey prepared for CTI TOWER ASSETS II, LLC by POINT TO POINT LAND  data:  ofN: 13952672.0507 E: 2895576.2495;  ofHempstead lands and the true POINT OF BEGINNING;  chord bearing, South 42°34'21" East, 59.86 feet to a point; Bearings are based on Texas Grid North, NAD83, Central Zone. SURVEYORS, INC. dated August 28, 2020, last revised March 2, 2020..  20' GUY WIRE EASEMENTI  All that tract or parcel ofl land lying and being in. J.E.G Groce Survey, Abstract 131 ini the City ofHempstead ofWaller County, Texas, and being aj part ofthel lands ofHempstead Cemetery, and beingi more particularly To find the point of beginning, COMMENCE at the northwesterly property corner of said Hempstead Cemetery lands and the intersection of the northerly and westerly right-of-way lines adjoining said Hempstead Cemetery lands, said property corner having a' Texas Grid North, NAD83, Central Zone Value thence running along said northerly right-of-way line, South 89°21'33" East, 45.90 feet to a point; thence, South 89°21'33" East, 2.32 feet the true POINT OF BEGINNING; Thence leaving said northerly right-of-way line, South 89°21'33" East, 23.49: feet to a point;  described as follows:  ofN: 13952672.0507 E: 2895576.2495;  Thence, South 29°28'02" East, 28.85 feet to aj point; Thence, South 89°38'59" East, 164.44 feet to aj point; Thence, South 00°17'41" West, 20.00: feet to a point; Thence, North 89°42'19" West, 165.28 feet to a point; Thence, South 30°01'21" West, 158.64 feet to aj point;  Thence, North 59°59'31" West, 8.77 feet to aj point on said westerly right-of-way line; Thence running along said right-of-way line, North 00°38'27" East, 22.91 feet to a point; Thence leaving said right-of-way line, North 30°00'29" East, 139.04 feet to aj point; Thence, North 29°04'32" West, 40.27 feet to aj point and the POINT OF BEGINNING.  Site Number: 22105/Peebles    Bearings are based on Texas Grid North, NAD83, Central Zone.  Said easement contains 0.167 acres(7,264: square feet), more orl less, as shown in a survey prepared for CTI TOWER ASSETS II, LLC by POINTTOI POINTLANDS SURVEYORS, INC. dated August 28, 2020, last  revised March 2, 2020.  20 GUY WIRE EASEMENT2  All that tract or parcel ofl land lying and being in J.J E. Groce Survey, Abstract 131 int the City ofHempstead of Waller County, Texas, and being aj part oft the lands of the City Hempstead, and being more particularly To find the point of beginning, COMMENCE at the northwesterly property corner of said Hempstead Cemetery lands and the intersection of the northerly and westerly right-of-way lines adjoining said Hempstead Cemetery lands, said property corner having a Texas Grid North, NAD83, Central Zone Value Thence running along a tie-line, North 00°38'27" East, 80.00 feet to the southwest corner of said City of Hempstead lands and the intersection of the southerly and westerly right-of-way lines adjoining said City Thence running along the westerly right-of-way line, North 00°38'27" East, 22.45 feet to a point; Thence, North 89°21'33" West, 25.33 feet to aj point and the POINT OF BEGINNING.  described as follows:  ofN: 13952672.0507 E: 2895576.2495;  ofHempstead lands and the true POINT OF BEGINNING; Thence, North 60°31'58" East, 10.65 feet to aj point; Thence, South 29°28'02" East, 32.12 feet to a point; Bearings are based on Texas Grid North, NAD83, Central Zone.  Said easement contains 0.010 acres (455 square feet), more or less, as shown in a survey prepared for CTI TOWER ASSETSI II, LLC by POINTTOPOINTLAND SURVEYORS, INC. dated August 28, 2020, last  revised March 2, 2020.  Site Number: 22105/Peebles    After recording return to: CTIT Towers Assets II, LLC 3300 Paramount Parkway, Suite 110 Morrisville, NC 27560 Ph: 919-893-2841  MEMORANDUMOF GROUND LEASE AGREEMENT  THIS MEMORANDUM OF GROUND LEASE. AGREEMENT (herein Memorandum") is made having an address of [Landlord Address] (herein "Lessor") and CTITOWERS ASSETS II, LLC, a Delaware limited liability company having a mailing address of 3300 Paramount Parkway, Suite  this  day of  20 by and between City of Hempstead, Waller, Texas, a  110, Morrisville, NC: 27560 (herein "Lessee").  WHEREAS, Lessor and Lessee entered into that certain Ground Lease Agreement dated Exhibit A attached hereto and made aj part hereof(the "Lease"). All terms used but not defined herein shall WHEREAS, Lessor and Lessee desire to enter into this Memorandum to give notice ofs said Lease and all ofi its terms, covenants and conditions to the same extent as ift the same were fully set forth herein. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration including the rents reserved and the covenants and conditions more particularly set forth in the Lessor, Lessor and Lessee do hereby covenant, promise and agree as follows: 1. The Lease provides in part that Lessor grants to Lessee an exclusive lease approximately square feet (the "Leased Space") within Lessor's property (the "Premises") located in the City of Hempstead, County of Waller, State of Texas, Parcel ID# 104047, which is legally described in  20 whereby, Lessor granted to Lessee a lease upon the land described in  have the meaning ascribed to them int the Lease.  Exhibit A attached hereto and made aj part hereof.  2.  Lessee shall lease the Leased Space from Lessor, together with all easements fori ingress,  egress and utilities as more particularly described in the Lease, all upon the terms and conditions more particularly set forth in the Lease for a term of five (5)years, which term is subject to ten (10) additional  five( (5)year extension periods.  3. The sole purpose ofthis instrument ist to giver noticeofthel Lease and alli itst terms, covenants and conditions to the same extent as if the same were fully set forth herein. The Lease contains certain other rights and obligations ini favor ofLessor and Lessee which are more fully set forth therein.  4.  Right ofF First Refusal. Lessor shall not, prior to the expiration oft thet term oft this Lease, or  any renewal term(s) or extensions thereof, sell any interest in the Leased Parcel including any interest in this Lease without first giving written notification to Lessee (the "Notice of Sale"). The Notice of Sale shall include a copy of thej proposed sale or agreement. For the period of thirty (30) days after receipt of the Notice of Sale, Lessee shall have the right to give written notice to Lessor ofLessee'sri right to purchase the Leased Parcel, the interest therein proposed to be sold, or the Premises or portion of the Premises on the same terms, price and conditions as set forth in the Notice of Sale. In the event Lessor does not receive written notice ofLessee's exercise oft the right herein granted within said thirty (30) day period, there shall  Site Number: 22105/Peebles    be a conclusive presumption that Lessee has not elected to exercise Lessee's right hereunder, and Lessor may complete thes sale toi the prospective purchaser on the same terms set forth in the Notice of Sale. In the event that Lessor sells any interest in the Lease Parcel, the Lease or Premises in violation oft this Lease, Lessee shall be entitled toi reduce its Rent to One Dollars ($1.00) per month for the remainder oft the Lease,  including all renewal terms available.  5.  The conditions, covenants and agreements contained in this instrument shall be binding  upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns fort the term ofthe Lease and any extensions thereof. All covenants and agreements  oft the Lease shall run with the land described in Exhibit A.  [Signatures on the following pages]  Site Number: 22105/Peebles    IN WITNESS WHEREOF, the parties have executed this Memorandum as oft the day and year first above  written. LESSOR: By: Name: Title: Date:  WITNESSES: By: Name: By: Name:  STATE/COMMONWEALTHOF:  )ss. )  COUNTY  I, the undersigned authority, a Notary Public in and for said County in said State/Commonweath, who is known to me, acknowledged before me on this day that, being informed oft the contents oft the said  hereby certify that  whose name as Lessor, is signed to the foregoing Agreement and  instrument, s/he executed the same voluntarily on the day the same bears date.  GIVEN under my hand this (NOTARIAL SEAL)  day of  Notary Public  My Commission Expires:  Site Number: 22105/Peebles    LESSEE: CTITowers Assets II, LLC al Delaware limited liability company  WITNESSES: By: Name: By: Name:  By: Name: Title: Date:  STATE OF  )ss. )  COUNTY  I, the undersigned authority, a Notary Public in and for said County in said State, hereby certify foregoing Agreement and who is known to me, acknowledged before me on this day that, being informed oft the contents oft thes said instrument, s/he executed the same voluntarily on the day the same bears date.  that  whose name as  of Lessee, is signed to the  GIVEN under my hand this NOTARIALSEAL)  day of  Notary Public  My Commission Expires:  Site Number: 22105/Peebles    EXHBIT A Legal Description  The Leased Space shall consist of  square feet of ground space along with easement rights  for access to the Leased Space by vehicle or foot from the nearest public way and for the installation of utility wires, poles, cables, conduits and pipes on the Premises in the approximate locations as depicted  below:  Site Number: 22105/Peebles