Loading...
11/05/2020 MINUTES WEST MEMPHIS CITY COUNCIL November 5,2020 A regular meeting of the West Memphis City Council was held on Thursday,November 5,2020 at 1:00 p.m. in the City Council Chambers at City Hall, 205 S. Redding,West Memphis, Arkansas Invocation was given by Council Member Helen Harris, followed by the Pledge of Allegiance led by Council Member Wayne Croom,Mayor Marco McClendon called the meeting to order at 1:00 p.m. Sr. Deputy City Clerk, Patricia Lane, called the roll. Those present were: Mayor Marco McClendon, City Attorney Michael Stephenson and Council Members: Tracy Catt, Wayne Croom,Helen Harris,James Holt,Melanie Hutchinson, David Murray,James Pulliaum and Charles Wheeless. Present by zoom were Willis Mondy and Lorraine Mohammed and Evening Times Reporter,John Rech.Also present were: City Finance Director,Tori Perry. Quorum being present Mayor McClendon proceeded with the meeting. BID OPENINGS: WEST MEMPHIS UTILITIES— (1) 2020 BUCKET TRUCK-MR. DAVID GOACHER Council Member Pulliaum made the motion, seconded by Council Member Croom to accept the bids for the 2020 bucket truck as presented and to refer them back to administration for distribution. Upon voice vote,voting was unanimous to approve. MINUTES: APPROVE OR CORRECT MINUTES OF OCTOBER 15,2020 Council Member Catt made the motion,seconded by Council Member Pulliaum to dispense with the reading of the minutes of October 15, 2020 City Council meeting and to approve them as submitted. Upon voice vote,voting was unanimous to approve. OLD BUSINESS: 2nd READING OF AN ORDINANCE TO AUTHORIZE ALDERMEN AND MEMBERS OF THE CITY COUNCIL TO PURCHASE SERVICES FROM CHARLES SUITER JR. D/B/A SUITER CONSTRUCTION CO.,AND FOR OTHER PURPOSES City Attorney Stephenson read the ordinance for the SECOND time by title only. Council Member Croom made the motion,seconded by Council Member Wheeless to suspend the rules and place the ordinance on its THIRD reading. Upon voice vote,voting was unanimous. City Attorney Stephenson read the ordinance for the THIRD and FINAL time by title only. Discussion followed: Council Member Mohammed asked if Charles Suiter Jr. D/B/A Suiter Construction was currently performing work for the city. Mayor McClendon said that they were currently doing some work at the West Memphis Airport. Charles Suiter Jr., of Suiter Construction is related to the Airport Director, Candra Suiter the ordinance if passed would allow them to do business with Charles Suiter Jr. D/B/A Suiter Construction. There being no further discussion. Council Member Croommade the motion, seconded by Council Member Pulliaum to approve the ordinance. Upon voice vote,voting was unanimous to approve. The ordinance was adopted and assigned No. 2561. NEW BUSINESS: Council Member Pulliaum made the motion, seconded by Council Member Murray to read R-1, O-1, and 0-2 by title only. Upon voice vote,voting was unanimous. 0-3 PERMISSION TO ADD AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 1105 BALFOUR.,PERMITTING A 150 FT. TALL COMMUNICATIONS TOWER IN A R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE AGENDA. Council Member Pulliaum made the motion, seconded by Council Member Croom to ADD 0-3 to the agenda and to read by title only. Council Member Catt was opposed to adding 0-3 to the agenda. Mayor McClendon asked for a roll call vote. Sr. Deputy City Clerk,Patricia Lane called the roll. The roll call vote was as follows: YES: Croom, Holt, Hutchinson, Mondy, Murray, Wheeless NO: Catt ABSTENTION: Harris, Mohammed, Pulliaum ABSENT: None With 6 Yes votes, 1 No votes,3 abstention votes,and 0 absent votes the motion to add 0-3 to the agenda FAILED due to the lack of a unanimous vote. The legal representative for Vertical Bridge requested that the ordinance be added to the November 19,2020 city council agenda. Council Member Wheeless said that he represents two churches that are opposed to the cell tower. Council Member Catt requested that a copy of the email that he received from Vertical Bridge regarding their management position on maintenance be copied and passed out to the council for them to review before the next meeting. (Add on 11/19/2020 Council agenda) R-1 A RESOLUTION OF THE CITY OF WEST MEMPHIS,ARKANSAS AUTHORIZING THE EXECUTION OF A CHANGE IN TERMS AGREEMENT TO THAT CERTAIN LEASE PURCHASE AGREEMENT PREVIOUSLY EXECUTED BY THE CITY ON NOVEMBER 19, 2019,AUTHORIZING THE EXECUTION OF ANY AND ALL OTHER DOCUMENTS RELATED THERETO,EMPOWERING THE MAYOR WITH THE AUTHORITY TO EXECUTE THE CHANGE IN TERMS AGREEMENT ON BEHALF OF THE CITY. City Attorney Stephenson read the resolution for by title only. Council Member Pulliaum made the motion, seconded by Council Member Catt to approve the resolution. Discussion followed Council Member Mohammed wanted to clarify that the ordinance stipulates that the amount should not exceed a certain amount. Finance Director,Tori Perry said that she did not anticipate having to come back before council to increase the amount originally there was a 5% contingency plan but it has been cut to 2.5%which is why they are having to increase the bond and there is still$400,000 dollars available and she does not foresee them having to come back and ask for more. There being no further discussion. Upon voice vote,voting was unanimous to approve. The resolution was adopted and assigned NO.2246 owl 0-1 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR 1598 EAST BROADWAY, PERMITTING AN AUTOMOTIVE DEALER-USED/AUTO REPAIR, GARAGE IN A C-2 OPEN DISPLAY DISTRICT City Attorney Stephenson read the ordinance by title only for the FIRST time. Council Member Mohammed made the motion to table the ordinance until at such time the Planning and Development Director,Paul Luker could get everything in order, since it has come to her attention that they have already been in the building and operating. Mayor McClendon said that the property owner and business owner were in attendance and asked that they come forward. The Property owner David Bradfield and busines owner Leticia Moretto and interpreter Martha Cortez came before council to explain to council that Ms. Moretto was unaware that she needed to get a certificate of occupancy before conducting busines and only became aware that she was not in compliance when the utility department turned the lights off and she could not get them turned back on. Ms. Cortez relayed that Ms. Moretto has said she has not sold any cars since taking over the business from her previous partner. Ms. Moretto said that she has been running the power in the office by a generator and is only coming into the office on Thursdays to run vehicle vend numbers and to do salvage title searches. Council Member Mohammed asked Planning and Development Director, Paul Luker if they were compliant. Mr. Luker said the business was not in compliance and did not have a certificate of occupancy or utilities and there should be no activity at that location. Council Member Mohammed asked that council table the ordinance for two weeks and cease doing any business to allow the business to get everything in order. The Planning Commission has approved the permit for a variance,but they are awaiting council approval to move forward. Council Member Hutchinson said it was to her understanding that no one was to occupy the business without a certificate of occupancy and who gave them permission to do so. Council Member Mohammed still wanted to table the ordinance rather than reading it one time because they have held other business to those requirements and wanted to be consistent. Council Member Pulliaum said he would like to see them to read the ordinance one time and if they are found to be in the building conducting business they could send the code enforcement officer to write them a ticket. There being no further discussion: Council Member Mohammed made the motion,seconded by Council Member Pulliaum to table the ordinance. Mayor McClendon asked for a roll call vote. Sr. Deputy City Clerk, Patricia Lane called the roll call vote. The vote was as follows: YES: Harris, Mohammed, NO: Catt, Holt, Hutchinson, Murray, ABSTENTION: Croom. Mondy, Pulliaum, Wheeless ABSENT: None With 2 yes votes,4 No votes, 4 Abstention votes,and 0 Absent votes the motion to table the ordinance FAILED. The ordinance will be back on the agenda in two weeks for its second reading. Council Member Catt asked that Planning and Development Department Director, Paul Luker to check to make sure that no activity is conducted at the building in the next two weeks and report back to council their findings. Council Member Catt said the council can decide at the ne if they are going to read it a second and or third time then. (ADD TO 11/19/2020 AGENDA) 0-2 AN ORDINANCE TO AMEND THE PERSONNEL MANUEL OF THE CITY IF WEST MEMPHIS REGARDING SELECTION OF EMPLOYEES AND FOR OTHER PURPOSES Council Member Pulliaum made the motion, seconded by Council Member Mohammed to table the ordinance indefinitely Upon voice vote,voting was unanimous. (Tabled Indefinitely) PERMISSION REQUEST: PERMISSION FOR THE MAYOR TO SIGN A FIVE-YEAR AGREEMENT WITH STATES SYSTEMS—AMANDA HICKS (TABLED ON OCTOBER 15,2020) Council Member Pulliaum made the motion, seconded by Council Member Harris to give permission to the Mayor to sign a five-year agreement with States Systems Upon voice vote, voting was unanimous to approve. Council Member Catt asked to clarify that the permission request was strictly for the library. City Attorney Stephenson said it was tabled on October 15, 2020,because there were some changes that needed to be made and that he has looked at it and the changes were made.The motion (passed). PERMISSION FROM THE AIRPORT COMMISSION TO REQUEST FUNDING OF $150,000 TO REHAB HANGAR# 3, (SEE MATERIAL IN PACKET) Council Member Pulliaum made the motion, seconded by Council Member Harris give permission to the Airport Commission to request funding of$150,000 to rehab hangar# 3. Upon voice vote,voting was unanimous to pass. PLANNING COMMISSION RECOMMENDATIONS (IN PACKETS) Council Member Hutchinson made the motion, seconded by Council Member Harris to approve the Planning Commission recommendations. Upon voice vote,voting was unanimous. COMMITTEE REPORTS: PUBLI WORKS: Council Member Mohammed presented the Public Works report. Public Works met on Monday November 2, 2020. Council Member Mohammed reported 27,780 pounds of recycle was picked up and there was 1 E-waste pick up. Fleet reported at the time of the meeting there was two front end loaders in operation and one front end loader down. There are 5 rear end loaders in operation with one down. There are 3 Grapple trucks that are operational with 2 currently down at the time of the council meeting. The public works committee met with the police commission to discuss getting some help with getting some of the code violations under control since so many of them occur on the week-ends or nights when the Code Enforcement officer, George Phillips does not work. The Public Works committee is asking Police Chief, Eddie West for some assistance from the police department with addressing some of the problems. The Public Works Department also made flyers to put on the garbage carts to address people who are continuing to leave their garbage containers out. Code Enforcement Officer, George Phillips has done a lot of foot work tagging the garbage carts. Chief West said that the department is shorthanded due to the Covidl9 pandemic but once they get it under control his department would be willing to provide some assistance. The Engineering Department-said everything is moving along as scheduled. The South Loop road contract has been approved by ARDOT and request for signature from the mayor will be requested on November 6,2020. Ten Mile Bayou-they are still waiting on clearance on corrections made to 30%of the plan. Lehr Street Bridge-ARDOT will be ready for bidding in the spring. Redding Street Bridge-Bridge improvement from MPO is set for design in 2023. Rich Road Bridge-they will request obligations on 2018-2019 infrastructure finds during the next policy technical committee meeting which is due to meet on November 19, 2020. The 2020 Overlay Project-is scheduled to begin the coming week with Crisp Contractors beginning on Vanderbilt. The 2020 Drainage Rehabilitation Project-bids will be taken on November 19, 2020. The committee will be discussing flooding issues in different areas at the next meeting. BUDGET REPORT: Council Member Catt said that the Budget Committee is currently working with Finance Director,Tori Perry to get all of the September data entered and would like to do is in two weeks present that information along with some budget amendments that have already been approved by the council and simply need to be approved on the council floor, so that they can start the year end prep and get ready for audit. Finance Director,Tori Perry said they have already passed out the budget and have requested they be returned by November 18,2020. APPOINTMENTS: None PRESENTATIONS: ANNOUNCEMENTS Mayor Marco McClendon congratulated all the winners of the November 3, 2020 elections. Mayor McClendon said he was looking forward to a new beginning with newly Elected City Clerk,James Pulliaum. Mayor McClendon also congratulated Council Member Catt, Hutchinson,Murray,Mondy and Croom who were reelected to their Council positions. CITIZENS REQUEST: Ms. Sharon Purdy a was not present to address council at the November 5, 2020 Council Meeting. Mr. Basil Joiner a residential property owner in West Memphis came before council to address some concerns with the Public Works Sanitation trash pick up department. Mr.Joiner said that he and his mother are the majority stake holders of property located in the 500 block of south 25th street in West Memphis and has been vigilant in promoting and revitalizing the neighborhood. Mr.Joiner wanted to address taxation without representation. Mr.Joiner said that in his efforts to revitalize the area and reduce break ins he had cut some trees down from the fence lines for visibility, as a result he was contacted by the code enforcement because he had put some tree limbs on a vacant lot. Mr.Joiner said he was informed by code enforcement that the city would not pick up debris from a vacant lot. Mr.Joiner said he contacted the Planning and Development Director, Paul Luker to try and resolve the matter and Sanitation Superintendent, Robbie Amos to try and get some rules. Mr.Joiner said he spaced the debris and limbs along the properties on 25th street on his neighbor's properties whose trees he had also cut down to try and improve the appearance of their properties. On October 10, 2020 Mr. Joiner contacted the Public Works Director Mr. Bonner who then informed him that they did not pick up on vacant lots. On approximately September 15,2020 Mr.Joiner went to Mr. Bonners office,Mr.Joiner said he was only trying to work in compliance of the rules and made every effort to pick up a majority of the debris and was lead to believe that anything remaining could be left on the vacant property and the trash department would then pick it up. Mr.Joiner was not satisfied with the resolution of problem the trash has been on the lot for three months. Council Member Pulliaum reiterated that the council has put an ordinance in place addressing trash pickup and the limitations in order to not damage equipment and not backup trash pickup. City Attorney Stephenson intervened that the Council would have to go into closed session to discuss an employee. Mayor McClendon said that he would address Mr.Joiner's concerns with the city employee since they report to him.Mr.Joiner thanked the mayor and council for taking the time to listen to him. Council Member Holt said that he felt the city employees had done a good job throughout the COVID-19 pandemic and felt that they should be rewarded for their commitment. Mayor McClendon said that they would be getting with the Budget Chair,Finance Director and Council to see what they could do. Having no further business to come before the City Council,Council Member Pulliaum made the motion, seconded by Council Member Wheeless to adjourn. Upon voice vote,voting was unanimous. The meeting adjourned at 1:40 p.m. PASSED AND APPROVED THIS 19 DAY OF NOVEMBER 2020. lt(at MARCO, MCCLENDON, MAYOR ATTES : PATRICIA LANE, SR DEPUTY CITY CLERK Minutes prepared by Patricia Lane, Sr. Deputy City Clerk Dorothy Wallace rom: David Goacher ;ent: Friday, October 16, 2020 9:56 AM o: Dorothy Wallace subject: FW: BIDS FOR NOV 3 CITY COUNCIL MEETING Hey Ms. Dorothy I apologize. It is the Nov. 5, 2020 council meeting Thanks David WEST MEMPHIS UTILITIES David Goacher Plant and Purchasing Manager Business.870-735-3355 ext 5139 604 East Cooper Direct 870-702-5139 P O Box 1868 Fax:870-732-7621 West Memphis,AR 72303 Cell.870.225-0010 EmaiC dgoacher@westmemphisar.gov www.westmemphisar.gov From: David Goacher sent: Friday, October 16, 2020 9:55 AM To: Dorothy Wallace<dwallace@westmemphisar.gov> '' iubject: BIDS FOR NOV 3 CITY COUNCIL MEETING LEASE PUT THE FOLLOWING ITEM ON THE NOV. 3, 2020 CITY COUNCIL MEETING (1) 2020 BUCKET TRUCK THANKS David WEST MEMPHIS UTILITIES David Goacher Plant and Purchasing Manager Business 870-735-3355 ext 5139 604 East Cooper Direct 870-702-5139 P O Box 1868 Fax-870-732-7621 West Memphis,AR 72303 Cell 870-225-0010 Email dgoacher@westmemphisar gov www.westmemphisargov RECEIVED 41,0VII7 ,,P//2 AIS/ iG(J — 1 • WEST MEMPHIS UTILITY COMMISSION P 0 Box 1868 604 East Cooper Phone: 870-735-3355 Fax: 870-732-7621 West Memphis, AR 72301 11/3/2020 2020 BUCKET TRUCK ALTEC INDUSTRIES NO BID ST. JOSEPH, MO COULD NOT MEET SPECS. CUSTOM TRUCK $135,500.00 FOREST, VA 24551 A. ._ /9 7,1,/ / R! il// 57�j Dorothy Wallace rom: Candra Suiter <csuiter.airport@gmail.corn> gent: Wednesday, October 21, 2020 9:16 AM �o: Dorothy Wallace ood Morning- I would like to request to be put on the agenda for the November 5, 2020 City Council meeting. The Airport has obtained a$250,000 State grant for rehab on hangar#3. On behalf of the Airport Commission, I would like to request funding for the remainder est. amount of$150,000. These funds are currently available in the Airport's depreciation account. Thanks! Candra Suiter Airport Manager West Memphis Municipal Airport 737 S.Airport Road West Memphis,AR 72301 870-735-4656 CEI '41&14 ,11411111) . _ ,/ . /ff, 1 x.22 i I 10/09/2020 Amanda Hicks, City Engineer Permission for the Mayor to sign a five-year agreement with States Systems co statesystenns II SERVICE AGREEMENT Date: 7.30.20 State Systems,Inc. (SSI) West Memphis Library 1861 Vanderhom Dr 500 East Broadway Memphis,TN 38134 West Memphis, AR 72301 SERA/Mho bitROVIDED: Price _" IS Annual Fire Alarm Testing& Inspection $880.00 129 S I ecial Provisions N/C 142.,1 ;R G PTIONS (Please initial left of the box for your choice)- ° . ` IN Phone Line Monitoring $360.00 LA Cellular Monitoring $ 1000.00 Z One-Time Cellular Dialer Fee $600.00 **Note:The One-time fee for the Cellular Dialer includes all labor,programming and equipment involved.A Cell Dialer will eliminate the need and cost for both phone lines at your Fire Alarm Panel. El Annual investment for Phone Line Monitoring will be$1240.00. Plus applicable taxes. [T Annual investment for Cellular Monitoring with (one-time dialer fee) will be$2480.00. Plus applicable taxes. • Period of Agreement shall begin Once the Agreement is Processed and shall continue for(5)year from that date. • -This proposal shall remain valid for a period of thirty(30)days from the above referenced proposal date. • -This proposal and the pages attached shall become an Agreement only upon signature below by SSI and CUSTOMER. No waiver or modification of any terms or conditions of this Agreement shall be binding on SSI unless made in writing and signed by an authorized representative of SSI. • -Terms subject to approval of budget and by City Council each year. State Systems,Inc. CUSTOMER Acceptance: II #111F" ..\ Signature: Signature: `74--(-cc,c 7' G(.�J- (Type or Print Name) Michael Vann (Type or Print Name) 1- .1kee a '41 0(Y .414'0�.. Title: Account Manager Title: A-71f ro: ilikw Date: 7.30.20 Date: /1/5/ 20 Email: ` SERVICE AGREEMENT Date: 7.30.20 State Systems,Inc. (SSI) West Memphis Library 1861 Vanderhorn Dr 500 East Broadway Memphis, TN 38134 West Memphis, AR 72301 k ie !..F, ALO D1I I' ' VAI Annual Fire Alarm Testing& Inspection $880.00 Special Provisions N/C 010: 6 $ p { Phone Line Monitoring $360.00 Cellular Monitoring $ 1000.00 One-Time Cellular Dialer Fee $600.00 **Note: The One-time fee for the Cellular Dialer includes all labor,programming and equipment involved. A Cell Dialer will eliminate the need and cost for both phone lines at your Fire Alarm Panel. ri Annual investment for Phone Line Monitoring will be $1240.00. Plus applicable taxes. n Annual investment for Cellular Monitoring with (one-time dialer fee) will be $2480.00. Plus applicable taxes. • Period of Agreement shall begin Once the Agreement is Processed and shall continue for(S)year from that date. • -This proposal shall remain valid for a period of thirty(30)days from the above referenced proposal date. • -This proposal and the pages attached shall become an Agreement only upon signature below by SSI and CUSTOMER. No waiver or modification of any terms or conditions of this Agreement shall be binding on SSI unless made in writing and signed by an authorized representative of SSI. State Systems, Inc. CUSTOMER Acceptance: Signature: Signature: (Type or Print Name) Michael Vann (Type or Print Name) Title: Account Manager Title: Date: 7.30.20 Date: Email: v A • Terms and Conditions DEFINITIONS 4.CUSTOMER SHALL INDEMNIFY AND HOLD SSI HARMLESS FROM AND I. "Equipment"means the equipment covered by the Services to be performed under this Agreement,and AGAINST ANY AND ALL CLAIMS AND COSTS OF WHATEVER NATURE, is identified in the respective work scope attachments under the"Equipment fast". INCLUDING BUT NOT LIMITED TO,CONSULTANTS'AND ATTORNEYS'FEES, 2. "Services"means those services and obligations to be undertaken by SSI in support of CUSTOMER DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE,FINES,PENALTIES, pursuant to this Agreement,as more fully detailed m the attached work scope document(s),which are CLEANUP COSTS AND COSTS ASSOCIATED W ITH DELAY OR WORK incorporated herein STOPPAGE,THAT IN ANY WAY RESULTS FROM OR ARISES UNDER SUCH MATERIALS,SITUATIONS OR CONDITIONS,REGARDLESS OF WHETHER COVERAGE CUSTOMER HAS PRE-NOTIFIED SSI.THIS INDEMNIFICATION SHALL SURVIVE I. CUSTOMER agrees to provide access to all Equipment covered by this Agreement.SSI will be free TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. to start and stop all primary equipment incidental to the operation of the mechanical,and life safety 5 WarrantiesandrLimitation of Liability:grmSSI nt at fails replace n t repair any product SSI icovy o or CUSTOMER defective workmtnssip or materials hewithinurthewarrantynot period(Typicallyone- system(s)as arranged with CUSTOM[cemR's representative. year)due to defective workmanship or materials.The failure must not result from CUSTOMER'S 2. It is understood that the repair,replacement,and emergency service provisions apply only to the negligence,or from fire,lightning,water damage,or any other cause beyond SSI control.This Equipment included in the attached Equipment List.Repair or replacement of non-maintainable parts warranty applies to SSI fabricated and outside-purchased products.The warranty effective date is of the system such as,but not limited to,piping,unit cabinets,insulating material,electrical wiring, the date of CUSTOMER acceptance of the product or the date CUSTOMER begins to receive hydronic and pneumatic piping,structural supports and other non-moving parts,is not included under beneficial use of the product,whichever comes first. this Agreement Costs to repair or replace such non-maintainable pans will be the sole responsibility h THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE,AND SSI EXPRESSLY of CUSTOMER DISCLAIMS ALL OTHER WARRANTIES,WHETHER WRITTEN OR ORAL, 3. SSI will not reload software,nor make repairs or replacements necessitated by reason of negligence, vandalism or misuse of the Equipment IMPLIED TIOSTATUTORY,MERCHANTABILITYERH, ITY AND NOTITESS FOR TO,ANY by persons other than SSI or its employees,or caused byWARRANTIES OF AND FITNESS FOR A PARTICULAR lightning,flood or water damage from any source,electrical storm,or other violent weather or by any other cause beyond SSI control.This clause shall supersede and take precedent over any Emergency PROVIDE,WITH RESPECTTOTHENOT SERVICES,LIABLEFOR EQUIPMENT,AND EC AERIALS PROVIDED HEREUNDER.SSI SHALL NOT BE FOR ANY SPECIAL, Service clause or provision contained elsewhere in this Agreement INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM,OR 4. This Agreement assumes that the systems and/or Equipment included in the attached Equipment List are in maintainable condition.If repairs are necessary upon initial inspection,repair charges will be RELATING TO,THIS LIMITED WARRANTY OR ITS BREACH. 7. SSI shall not be liable for damages caused by delay or interruption in Services due to fire or flood; submitted for approval. Should these charges be declined, those non-maintainable items will be eliminated from coverage under this Agreement and the price adjusted accordingly.System equipment and sprinkler systems including but nve substances in the air or tot hiner ted toly abiot tlo cay rit)r or theCalciurwise m Carbonate)Deposits deemed to be no longer economically maintainable(obsolete)by SSI will be identified throughout the and sb growth, g and microbiologically influenced corrosion(MIC),strike,lockout,dispute with workmen,inability term of this agreement and brought to the CUSTOMER'S attention and may be removed from this to obtain material or services,war,specific Agreement or coverage type the equipment identified maybe reduced. Should any part of the system or any Equipment pm ent be damaged by fires of God or any other cause,waterr,water leakage,freezing S yp' SSI 5. Maintenance,repairs,and replacement of Equipment parts and components are limited to restoring to pipes,lightning,acts of God,third parties or any other cause beyond the control of SSI,any repairs proper working condition.SSl shall not be obligated to provide replacement software,equipment, or replacement shall be paid for by CUSTOMER. 8 Indemnity and Limitation of Liability:SSI agrees to indemnify and hold CUSTOMER and its components and/or parts that represent a significant betterment or capital improvement to CUSTOMER'S system(s)hereunder agents and employees harmless front all claims for bodily injury and property damages to the 6. All non-emergency services under this Agreement will be performed between the hours of 8 00 a ni -4:30 p m.local time Monday through Friday,excluding federal holidays and normal SSI observed Pet°tit such claims result from or arise under SSI neghgeN actions or willful misconduct m its Holidays If for any reason CUSTOMER requests SSI to furnish any labor or services outside of the ertormance of the Services.PROVIDED,THAT NOTHING IN THIS ARTICLE SHALL BE above stated hours,any overtime or other additional expense occasioned thereby,shall be billed to and CONSTRUED OR UNDERSTOOD TO ALTER THE LIMITATIONS OF LIABILITY paid by CUSTOMER except as may be provided under the Emergency Service section or Special CONTAINED IN THIS ARTICLE SSIOTHE INDEMNIFICATION ORANSPECIAL,CONTAINEDIDEL, Provisions of this Agreement SECTION 4.IN NO EVENT SHALL BE LIABLE FOR ANY INCIDENTAL, 7. CUSTOMER will promptly notify SSI of any malfunction in the system(s)or Equipment covered INDIRECT,SPECULATIVE,REMOTE,OR CONSEQUENTIAL DAMAGES ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER. SUCH INDEMNITY under this Agreement that comes to CUSTOMER'S attention. PRICE,BILLING,AND TERM OBLIGATION IS VALID ONLY TO THE EXTENT CUSTOMER GIVES SSI REASONABLY PROMPT NOTICE IN WRITING OF ANY SUCH CLAIMS AND L CUSTOMER shall pay or cause to be paid to SSI the full price for the Services as specified on the first PERMITS SSI,THROUGH COUNSEL OF ITS CHOICE,TO ANSWER THE CLAIMS AND DEFEND ANY RELATED SUIT. 9. page of this Agreement.SSI shall submit annual invoices unless otherwise specified to CUSTOMER in advance for Services to be performed during the subsequent billing period,and payment shall be only to parties further reducetherisk eof loss;that CUSTOMER that SSI is not an insurer,t chose the level and scope of servicessbeing due within fifteen(15)days of the Invoice Date.Payments for Services past due more than ten(1D) provided by SSI from a variety of service options,that SSI will not be held liable for any loss,in tort days shall accrue interest from the due date to the date of payment at the rate of one and one-half percent(1.5%)per month,compounded monthly,or the highest legal rate then allowed CUSTOMER and oomissionerw�semwltha may boverise front referencede failure specificf the ations�The(s)partieso furthereagreeathatrIbis shall pay all attorney and/or collection fees incurred by SSI in collecting any past due amounts. Agreement shall not confer any rights on the part of any person or entity not a party hereto, 2 SSI may adjust the annual price of this Agreement periodically during the term of this Agreement(either up or down),and CUSTOMER agrees to pay for this negotiated increase or decrease m scope of whetherCAS a TthiIS IMPOSSIBLEparty Sry TOootherwise IQ BECAUSE IT IS ASSESS ACTUAL DAMAGES ARISING FROM THE FAILURE OF A SYSTEM AND/OR SERVICE PROVIDED UNDER THIS AGREEMENT, services to the main Agreementbetween the CUSTOMER and SSI, if additional systems and equipment are added or deleted to the scope of this Agreement. THE PARTIES AGREE THAT IF ANY LIABILITY IS IMPOSED ON SSI FOR 3 Following the initial term of this Agreement as noted on Page I of this Agreement and titled,"Period DAMAGES OR PERSONAL INJURY TO EITHER CUSTOMER OR ANY THIRD of Agreement",this Agreement will automatically renew for successive one(I)year periods unless PARTY,SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED canceled prior to the anniversary date with at least a thirty(30)day written notice issued by the CUSTOMER.Agreements that are automatically renewed beyond the initial term may be subject to a THE AMOUNT OF THE ANNUAL SERVICE CHARGE OF THIS AGREEMENT. minimum price increase based on the published U S Department of Labor,Consumer Price Index MISCELLANEOUS (CPI)at the time of renewal. 4 CUSTOMER agrees to pay any sales,excise,use or other taxes,now or hereafter levied,which SSI I. Extent of Agreement. Except as and to the extent provided m the Contract,this Agreement represents the entire Agreement between CUSTOMER and SSI for the Services described herein may he required to pay or collect m connection with this Agreement and supersedes all prior negotiations,representations or Agreements between the Parties related to TERMINATION the Services described herein. 2 None of the provisions of this Agreement shall be modified,altered,changed or voided by any I. CUSTOMER may terminate this Agreement for cause after giving SSI thirty(30)days advance written subsequent document unilaterally issued by CUSTOMER that relates to the subject matter of this Agreement This Agreement may be amended only by written instrument signed by both Parties notice CUSTOMER is responsible for payment of services provided up to cancellation date. . 2. SSI may terminate this Agreement for cause(including,but not limited to,CUSTOMER'S failure to 3 SSI shall not be liable for any delay in producing,delivering,installing,or giving advice and make payments as agreed herein)after giving CUSTOMER thirty(30)days advance written notice technical assistance for any of the equipment or software covered hereunder if such delay shall be GENERAL TERMS AND CONDITIONS due to one or more of the following causes.fire,strike,lockout,dispute with workmen flood, lightning,accident,delay m transportation,shortage of fuel,inability to obtain material,war, I. Assignment and Delegation:CUSTOMER may not assign its rights or delegate its obligations under embargo,demand or requirement of the United States or an this Agreement,in whole or in part,without the prior written consent of SSI.SSI may assign its right Y governmental or war activity,or any other cause whatsoever beyond the reasonable control of SSI In addition,SSI shall not be liable to receive payment to a third party. for any delays caused by failure of CUSTOMER,or its agent,or any person or entity not a party 2. CUSTOMER shall be responsible for maintaining all liability and property insurance.No insurer or hereto,to perform any of its obligations m a timely manner. other third party will have any subrogation rights against SSI. d Hazardous Materials:CUSTOMER represents and warrants that,except as otherwise disclosed in DISPUTE RESOLUTION this in the areas where SSI will undertake work or provide Services,there are no (a)materials or I. substances classified as toxic or hazardous either(i)on or within the walls,floors,ceilings or other This aAny office shall rebe deemed of Cbe made inR Shelbyr he locationoTennessee,regardlessuiment structural components or(ii)otherwise located in the work area,including asbestos Erg resumed of the location of any office or representative re CUSTOMER,or the of the equipment, asbestos-containing materials,formaldehyde,containers or pipelines including containingP or the place of signing by any party.This Agreement will be governed by Tennessee law.The petroleum products venue for any claim arising under this Agreement shall be in Shelby County,Tennessee. or hazardous substances,etc.;(b)situations subject to special precautions or equipment required by 2 c;;;i::;; federal,state or local health or safety regulations,or(c)unsafe working conditions In the event of a dispute regarding the interpretation or enforcement of this Agreement which results in litigation,the prevailing party shall have its attorney's fees and costs paid by the losing pa L Subscriber Information Form / All information received will be confirmed by return receipt of a Subscriber Form from our Data Entry Department. Ifyou do not get return receipt within 24 hours,please resend your information or contact our office! I Z TECH CENTRAL , Dealer Name:State Systems Date: 7.30.20 t;i ( 'i)t \.1 INsI (MNI 1`14) Subscriber Name: West Memphis Library Subscriber Acct#: Address: 500 East Broadway Suite/Building: City: West Memphis State: AR Zip: 72301 Email: Time Zone: CST Acct Type:(Res Burg, Com Burg, Corn Fire. FM, 2-way, Elev): Verification #1 (called before dispatch)-Name: Number: Verification #2 (called before dispatch)-Name: Number: Cross Street/Directions: Primary Verbal Password: Verbal Duress: Control Panel Type: Communicator: (Cell/IP Type & Cell Serial#): Test Timer Frequency: ❑Daily ❑Weekly (no charge) ❑Monthly (no charge) ❑None i Open/Close Reports?: ❑Yes ❑No Email: Supervised 0/C?: El Yes ❑No Reporting Format: 04x2/3x1 ❑Modem EContact ID ❑SIA ❑ DMP ❑SK ❑Fire Lite ❑Rad ❑Edwards ❑ Use Specific Dealer Format/Other: C CSION1VEt(O1 IA( I``INFORMATION Name Phone Phone#1 - - # #2 User Verbal Premise- (if available) Password 1 2 (Please indicate type beside the number:(W) Work(C)Cell(H)Home)Additional users may form submitted on call'list update ate .1 Hi(1141 1 II \ I' 3"t}1R\I 't 1`10 (Town code or phone numbers) Town code: Fire#: Police#: Medical #: `.<1'1CI U. 00-' 11,0 ( 110'0): Left Blank Terms and Conditions DEFINITIONS 4.CUSTOMER SHALL INDEMNIFY,ASAUOVIEDIWARIKANSASMW4 AND HOLD SSI HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS OF WHATEVER NATURE, I. "Equipment"means the equipment covered by the Services to be performed under this Agreement,and INCLUDING BUT NOT LIMITED TO,CONSULTANTS'AND ATTORNEYS'FEES, is identified in the respective work scope attachments under the"Equipment List". DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE,FINES,PENALTIES, 2. "Services"means those services and obligations to be undertaken by SSI in support of CUSTOMER CLEANUP COSTS AND COSTS ASSOCIATED WITH DELAY OR WORK pursuant to this Agreement,as more Polly detailed in the attached work scope document(s),which are STOPPAGE,THAT IN ANY WAY RESULTS FROM OR ARISES UNDER SUCH incorporated herein. MATERIALS,SITUATIONS OR CONDITIONS,REGARDLESS OF WHETHER CUSTOMER HAS PRE-NOTIFIED SSI.THIS INDEMNIFICATION SHALL SURVIVE COVERAGE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. I. CUSTOMER agrees to provide access to all Equipment covered by this Agreement.SSI will be free S Warranties and Limitation of Liability:SSI will replace or repair any product SSI provides or to start and stop all primary equipment incidental to the operation of the mechanical,and life safety CUSTOMER procures under this Agreement that fails within the warranty period(Typically one- system(s)as arranged with CUSTOMER's representative. year)due to defective workmanship or materials.The failure must not result from CUSTOMER's 2. It is understood that the repair,replacement,and emergency service provisions apply only to the negligence,or from fire,lightning,water damage,or any other cause beyond SSI control.This Equipment included in the attached Equipment List.Repair or replacement of non-maintainable parts warranty applies to SSI fabricated and outside-purchased products.The warranty effective date is of the system such as,but not limited to,piping,unit cabinets,insulating material,electrical wiring, the date of CUSTOMER acceptance of the product or the date CUSTOMER begins to receive hydronic and pneumatic piping,structural supports and other non-moving parts,is not included under beneficial use of the product,whichever comes first. this Agreement.Costs to repair or replace such non-maintainable parts will be the sole responsibility ft THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE,AND SSI EXPRESSLY of CUSTOMER. DISCLAIMS ALL OTHER WARRANTIES,WHETHER WRITTEN OR ORAL, 3. SSI will not reload software,nor make repairs or replacements necessitated by reason of negligence, IMPLIED OR STATUTORY,INCLUDING BUT NOT LIMITED TO,ANY vandalism or misuse of the Equipment by persons other than SSI or its employees,or caused by WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR lightning,Flood or water damage from any source,electrical storm,or other violent weather or by any PURPOSE,WITH RESPECT TO THE SERVICES,EQUIPMENT,AND MATERIALS other cause beyond SSI control.This clause shall supersede and take precedent over any Emergency PROVIDED HEREUNDER.SSI SHALL NOT BE LIABLE FOR ANY SPECIAL, Service clause or provision contained elsewhere in this Agreement. INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM,OR 4. This Agreement assumes that the systems and/or Equipment included in the attached Equipment List REI.ATING TO,THIS LIMITED WARRANTY OR ITS BREACH. are in maintainable condition.If repairs are necessary upon initial inspection,repair charges will be 7. SSI shall not be liable for damages caused by delay or interruption in Services due to fire or flood; submitted for approval. Should these charges be declined,those non-maintainable items will be corrosive substances in the air or water supply that may enter or otherwise affect sprinkler piping eliminated from coverage under this Agreement and the price adjusted accordingly.System equipment and sprinkler systems including but not limited to biological growth,Calcium Carbonate Deposits deemed to be no longer economically maintainable(obsolete)by SSI will be identified throughout the and microbiologically influenced corrosion(MIC),strike,lockout,dispute with workmen,inability to obtain material or services,war,acts of God or any other cause beyond SSI reasonable control. term of this agreement and brought to the CUSTOMER's attention and may be removed from this specific Agreement or coverage type on the equipment identified may be reduced. Should any part of the system or any Equipment be damaged by fire,water,water leakage,freezing S Maintenance,repairs,and replacement of Equipment parts and components are limited to restoring to pipes,lightning,acts of God,third parties or any other cause beyond the control of SSI,any repairs proper working condition.SSI shall not be obligated to provide replacement software,equipment, or replacement shall be paid for by CUSTOMER. a Indemnity and Limitation of Liability:SSI agrees to indemnify and hold CUSTOMER and its components and/or pans that represent a significant betterment or capital improvement to CUSTOMER'S system(s)hereunder. agents and employees harmless from all claims for bodily injury and property damages to the Si All non-emergency services under this Agreement will be performed between the hours of 8:00 a m. extent such claims result from or arise under SSI negligent actions or willful misconduct in its -4:30 p.m.local time Monday through Friday,excluding federal holidays and normal SSI observed performance of the Services.PROVIDED,THAT NOTHING IN THIS ARTICLE SHALL BE Holidays.If for any reason CUSTOMER requests SSI to furnish any labor or services outside of the CONSTRUED OR UNDERSTOOD TO ALTER THE LIMITATIONS OF LIABILITY above stated hours,any overtime or other additional expense occasioned thereby,shall be billed to and CONTAINED IN THIS ARTICLE OR THE INDEMNIFICATION CONTAINED IN paid by CUSTOMER except as may be provided under the Emergency Service section or Special SECTION 4.IN NO EVENT SHALL SSI BE LIABLE FOR ANY SPECIAL,INCIDENTAL, Provisions of this Agreement. INDIRECT,SPECULATIVE,REMOTE,OR CONSEQUENTIAL DAMAGES ARISING 7. CUSTOMER will promptly notify SSI of any malfunction in the system(s)or Equipment covered FROM, RELATING TO, OR CONNECTED WITH THE SERVICES, EQUIPMENT, under this Agreement that comes to CUSTOMER's attention. MATERIALS, OR ANY GOODS PROVIDED HEREUNDER. SUCH INDEMNITY OBLIGATION IS VALID ONLY TO THE EXTENT CUSTOMER GIVES SSI REASONABLY PROMPT NOTICE IN WRITING OF ANY SUCH CLAIMS AND PRICE.BILLING.AND TERM PERMITS SSI,THROUGH COUNSEL OF ITS CHOICE,TO ANSWER THE CLAIMS 1. CUSTOMER shall pay or cause to be paid to SSI the full price for the Services as specified on the first AND DEFEND ANY RELATEDSUIT. a The parties further agree that SSI is not an insurer,that the Services purchased herein is designed page of this Agreement.SSI shall submit annual invoices unless otherwise specified to CUSTOMER in advance for Services to be performed during the subsequent billing period,and payment shall be only to reduce the risk of loss,that CUSTOMER chose the level and scope of services being due within fifteen(15)days of the Invoice Date.Payments for Services past due more than ten(10) provided by SSI from a variety of service options,that SSI will not be held liable for any loss,m days shall accrue interest from the due date to the date of payment at the rate of one and one-half tort or otherwise,which may arise from the failure of the system(s)and/or service(s)or any errors percent(I.5%)per month,compounded monthly,or the highest legal rate then allowed.CUSTOMER and omissions in the above referenced specifications. The parties further agree that this shall pay all attomey and/or collection fees incurred by SSI in collecting any past due amounts. Agreement shall not confer any rights on the part of any person or entity not a party hereto, 2 SSI may adjust the annual price of this Agreement periodically during the term of this Agreement(either whether asathird-party beneficiary or otherwise. up or down),and CUSTOMER agrees to pay for this negotiated increase or decrease in scope of Ilk BECAUSE IT IS IMPOSSIBLE TO ASSESS ACTUAL DAMAGES ARISING FROM THE services to the main Agreement between the CUSTOMER and SSI, if additional systems and FAILURE OF A SYSTEM AND/OR SERVICE PROVIDED UNDER THIS AGREEMENT, equipment are added or deleted to the scope of this Agreement Thera SWNaattoappixwal of budget THE PARTIES AGREE THAT IF ANY LIABILITY IS IMPOSED ON SSI FOR and k4rlla +jq't Yes:, DAMAGES OR PERSONAL INJURY TO EITHER CUSTOMER OR ANY THIRD 3 Following the initial term of this Agreement as noted on Page I of this Agreement and titled,"Period PARTY,SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED of Agreement",this Agreement will automatically renew for successive one(I)year periods unless THE AMOUNT OF THE ANNUAL SERVICE CHARGE OF THIS AGREEM ENT. canceled prior to the anniversary date with at least a thirty(30)day written notice issued by the MISCELLANEOUS CUSTOMER.Agreements that are automatically renewed beyond the initial term may be subject to a minimum price increase based on the published U.S.Department of Labor,Consumer Price Index I. Extent of Agreement: Except as and to the extent provided in the Contract,this Agreement (CPI)at the time of renewal. falisubjeitta ppg iIofbutlg Why*.CitY Council each year, represents the entire Agreement between CUSTOMER and SSI for the Services described herein 4 CUSTOMER agrees to pay any sales,excise,use or other taxes,now or hereafter levied,which SSI and supersedes all prior negotiations,representations or Agreements between the Parties related to may be required to pay or collect in connection with this Agreement. the Services described herein. 2. None of the provisions of this Agreement shall be modified,altered,changed or voided by any TERMINATION subsequent document unilaterally issued by CUSTOMER that relates to the subject matter of this L CUSTOMER may terminate this Agreement for cause after giving SSI thirty(30)days advance written Agreement.This Agreement may be amended only by written instrument signed by both Parties. notice.CUSTOMER is responsible for payment of services provided up to cancellation date. 3 SSI shall not be liable for any delay in producing,delivering,installing,or giving advice and 2. SSI may terminate this Agreement for cause(including,but not limited to,CUSTOMER'S failure to technical assistance for any of the equipment or software covered hereunder if such delay shall be make payments as agreed herein)after giving CUSTOMER thirty(30)days advance written notice. due to one or more of the following causes fire,strike,lockout,dispute with workmen,flood, lightning,accident,delay in transportation,shortage of fuel,inability to obtain material,war, GENERAL TERMS AND CONDITIONS embargo,demand or requirement of the United States or any governmental or war activity,or any other cause whatsoever beyond the reasonable control of SSI.In addition,SSI shall not be liable L Assignment and Delegation:CUSTOMER may not assign its rights or delegate its obligations under for any delays caused by failure of CUSTOMER,or its agent,or any person or entity not a party this Agreement,in whole or in part,without the prior written consent of SSL SSI may assign its right hereto,to perform any of its obligations in a timely manner. to receive payment to a third party. 2. CUSTOMER shall be responsible for maintaining all liability and property insurance.No insurer or DISPUTE RESOLUTION other third party will have any subrogation rights against SSI. 3. Hazardous Materials:CUSTOMER represents and warrants that,except as otherwise disclosed in I. This Agreement shall be deemed to be made in phte* p,C tY,Atklprpke this in the areas where SSI will undertake work or provide Services,there are no:(a)materials or regardless of the location of any office or representative of CUSTOMER,or the location of the substances classified as toxic or hazardous either(i)on or within the walls,floors,ceilings or other equipment,or the place of signing by any party.This Agreement will be governed by structural components or(ii)otherwise located in the work area,including asbestos or presumed law. The venue for any claim arising under this Agreement shall be in Ct1TIM1dIMl('.060664 asbestos-containing materials,formaldehyde,containers or pipelines containing petroleum products Arkansas or hazardous substances,etc.;(b)situations subject to special precautions or equipment required by 2 In the event of a dispute regarding the interpretation or enforcement of this federal,state or local health or safety regulations;or(c)unsafe working conditions. Agreement which results in litigation,the prevailing party shall have its attorney's fees and costs paid by the losing party. Subscriber Information For'"? All information received will be confirmed by return receipt of a Subscriber Form from our Data Entry t ._ 'oo �t Department.If you do not get return receipt within 24 hours,please reseed your information or contact our office! '-:t.,, (EN I R A. to Dealer Name:State Systems Y Date: 7.30.20 . i i ) ', Subscriber Name: West Memphis Library Subscriber Acct#: Address: 500 East Broadway Suite/Building: City: West Memphis State: AR Zip: 72301 Email: Time Zone: CST Acct Type:(Res Burg, Corn Burg, Corn Fire. FM, 2-way, Elev): Verification #1 (called before dispatch) - Name: Number: Verification #2 (called before dispatch)- Name: Number: Cross Street/Directions: Primary Verbal Password: Verbal Duress: Control Panel Type: Communicator: (Cell/IP Type & Cell Serial#): Test Timer Frequency: Daily ❑Weekly (no charge) ❑Monthly (no charge) ❑None Open/Close Reports?: ❑Yes ❑No Email: Supervised 0/C?: ❑Yes ❑No \toReporting Format: ❑4x2/3x1 ❑Modern ❑Contact ID ❑SIA ❑ DMP ❑SK ❑Fire Lite ❑Rad ❑Edwards ❑ Use Specific Dealer Format/Other: Name User Phone#1 Phone#2 User Verbal # (if available) Password Premise- 1 2 (Please indicate type beside the number:(W)Work(C)Cell(H)Home)Additional users may be submitted on call list update form 11PMi = 1i: 1 \1,01n1 \ t1L , (Town code or phone numbers) Town code: Fire#: Police #: Medical #: -d'I t '. 1 Hs.-1,'; ; F ' .1 , CITY OF -, 4, WEST e , MEMPHIS 4 ARKANSAS. • , ,F WEST MEMPHIS PLANNING & DEVELOPMENT 205 South Redding•P.O. Box 1728•West Memphis, Arkansas•72303-1728•(870)732-7620 PLANNING COMMISSION RECOMMENDATIONS Wednesday, October 28, 2020, at 3:30 PM City Council Chambers 205 South Redding Street, West Memphis, Arkansas I. Special Use Permit- Used Automotive Sales/Repair Garage— 1598 E. Broadway - Application Case#SUP- 09-20 This case is being presented by the applicant, represented by Leticia Barreto, for the property located at 1598 E. Broadway. The property is zoned C-2 Open Display Commercial District. The applicant is proposing to use the existing site for a used automotive dealership and repair garage. After review and discussion, the Planning Commission unanimously recommended to approve 'ikk the Special Use Permit for a used automotive-sales and repair, subject to the following criteria: 1. No outside storage of wrecked vehicles on the lot 2. Vehicles for repair must be inside structure or behind sight-proof fence DocuSign Envelope ID:38694267-16AB-4EA3-A246-504584AF6A52 Licensor's Site Number and Name:US-AR-5115/Mayberry vertical Licensee's Site Number and Name:9ME1228A/Service Road ..ca 1. i' 6. Description of Antenna Facilities. LICENSEE'S Antenna Facilities to be placed on the Property and the location of the Premises are detailed in and shall be consistent with Attachment 2,attached hereto and incorporated herein. 7. Term. The term of this SLA shall be as set forth in Section 2(b) of the MLA, except the Initial Term of the SLA shall be [check one box in accordance with Section 2(b)of the MLA]: ® For BTS Sites and BTR Sites: ten (10)years; or ❑ For RES Sites: ten (10) years plus the RES Site License Fee Abatement Period, if applicable. Existing Lease/License Expiration/Termination Date: 8. SLA Commencement Date.The term shall commence as set forth in the Special Provisions of this SLA. 9. License Fee Commencement.The first payment of the License Fee shall be due [check one box]: ® For BTS Sites and BTR Sites: The SLA Commencement Date. ❑ For RES Sites: The SLA Commencement Date; provided,however,that payment of such License Fee shall be abated and not start until [insert date that is the first of the month following the date the lease/license for the site being vacated expires or terminates]. 10. License Fee Amount. 11. Prime Lease. If the Property is subject to a Prime Lease, a copy of such Prime Lease is attached hereto as Attachment 3. If consent is required from the Owner,it is attached hereto as Attachment 4. 12. Maximum Load. LICENSOR will, at all times,reserve Tower space and loading for LICENSEE in accordance with the Maximum Configuration at the RAD Center designated in Attachment 6. 13. Recording. Subject to any limitations contained in any applicable Prime Lease,the Parties to a SLA may, upon request of either Party, execute and record (recordation fee at their sole expense), a Memorandum of Site License Agreement in the form attached hereto as Attachment 5. 14. Licensor Contact for Emergency (not for legal notices): DocuSign Envelope ID:38694267-16AB-4EA3-A246-504584AF6A52 r 1 Licensor's Site Number and Name:US-AR-5115/Mayberry vertical )l l y = Licensee's Site Number and Name:9ME1228A/Service Road SITE LICENSE AGREEMENT This Site License Agreement("SLA")is made and entered into as of the latter signature date hereof ("SLA Effective Date") between VERTICAL BRIDGE DEVELOPMENT, LLC, a Delaware limited liability company, hereinafter designated as "LICENSOR", and POWERTEL/MEMPHIS, INC. a Delaware corporation, hereinafter designated as "LICENSEE". 1. Inte:ration with the Master License A:reement. 2. Integration with the BTS MSA. LICENSEE and LICENSOR acknowledge and agree that, in addition to the MLA, this SLA is subject to that certain Build to Suit Master Services Agreement dated June 11,2015, as amended by the Second Amendment to MLA and BTS MSA (collectively,the "BTS MSA")by and between T-Mobile USA, Inc., a Delaware corporation, on behalf of its Affiliates, and Vertical Bridge Development, LLC on behalf of itself and its Affiliates, and Vertical Bridge Development II, LLC,a Delaware limited liability company. The Parties acknowledge that for BTS Sites and BTR Sites, LICENSEE contracted with LICENSOR or its Affiliates to perform certain services for the initial development and construction of the site, including,but not limited to,site selection,design,due diligence, permitting, licensing,construction,and installation services, and/or funding of the development of the site. The performance of those services is governed by the BTS MSA and applicable BTSSA (as defined in the BTS MSA) issued thereunder between the Parties(or Affiliates of the Parties). The BTSSA for the site is attached hereto as Attachment 7. In the event of a conflict between the terms of the BTS MSA,as amended, the BTSSA for the site and this SLA and/or the MLA,as amended,this SLA and the MLA will control after Construction Completion(as defined in the BTS MSA). In the event of a conflict between the terms of the BTS MSA, as amended, and the BTSSA for the Site and this SLA and/or the MLA, as amended, the BTS MSA and BTSSA will control prior to Construction Completion (as defined in the BTS MSA). 3. Site Number and Name(if applicable). LICENSOR: US-AR-5115 Mayberry LICENSEE: 9ME1228A Service Road 4. Site Address and Legal Description of Land. 1105 Balfour Rd, West Memphis,AR 72301. More particularly described in Attachment 1, attached hereto and incorporated herein. 5. Site Latitude and Longitude: 35.164436, -90.210044. y%. DocuSign Envelope ID:38694267-16AB-4EA3-A246-504584AF6A52 Licensor's Site Number and Name:US-AR-5115/Mayberry vertical k Licensee's Site Number and Name:9ME1228A/Service Road SITE LICENSE AGREEMENT This Site License Agreement("SLA")is made and entered into as of the latter signature date hereof ("SLA Effective Date") between VERTICAL BRIDGE DEVELOPMENT, LLC, a Delaware limited liability company, hereinafter designated as "LICENSOR", and POWERTEL/MEMPHIS, INC. a Delaware corporation, hereinafter designated as "LICENSEE". 1. Inte:ration with the Master License A:reement. 2. Integration with the BTS MSA. LICENSEE and LICENSOR acknowledge and agree that, in addition to the MLA, this SLA is subject to that certain Build to Suit Master Services Agreement dated June 11,2015, as amended by the Second Amendment to MLA and BTS MSA (collectively,the"BTS MSA")by and between T-Mobile USA, Inc., a Delaware corporation, on behalf of its Affiliates, and Vertical Bridge Development, LLC on behalf of itself and its Affiliates, and Vertical Bridge Development II, LLC,a Delaware limited liability company. The Parties acknowledge that for BTS Sites and BTR Sites, LICENSEE contracted with LICENSOR or its Affiliates to perform certain services for the initial development and construction of the site, including, but not limited to,site selection,design, due diligence, permitting, licensing,construction, and installation services, and/or funding of the development of the site. The performance of those services is governed by the BTS MSA and applicable BTSSA (as defined in the BTS MSA) issued thereunder between the Parties (or Affiliates of the Parties). The BTSSA for the site is attached hereto as Attachment 7. In the event of a conflict between the terms of the BTS MSA,as amended, the BTSSA for the site and this SLA and/or the MLA,as amended,this SLA and the MLA will control after Construction Completion (as defined in the BTS MSA). In the event of a conflict between the terms of the BTS MSA, as amended, and the BTSSA for the Site and this SLA and/or the MLA, as amended, the BTS MSA and BTSSA will control prior to Construction Completion(as defined in the BTS MSA). 3. Site Number and Name(if applicable). LICENSOR: US-AR-5115 Mayberry LICENSEE: 9ME1228A Service Road 4. Site Address and Legal Description of Land. 1105 Balfour Rd, West Memphis, AR 72301. More particularly described in Attachment 1, attached hereto and incorporated herein. 5. Site Latitude and Longitude: 35.164436, -90210044. DocuSign Envelope ID:38694267-16AB-4EA3-A246-504584AF6A52 I.icensor's Site Number and Name:US-AR-5115/Mayberry vertical I .r Licensee's Site Number and Name:9MEI228A/Service Road NOC/Emergency: 877-589-6411 15. Licensee Contact for Emergency (not for legal notices): Network Operations Center: 877-611-5868 16. Special Provisions(insert any special provisions): [THFtREMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE] 4111iI DocuSign Envelope ID:38694267-16AB-4EA3-A246-504584AF6A52 1 •Vet tiLicensore.s Site Number and NamUS-AR-5115/Mayberry cal�� Licensee's Site Number and Name:9MF 1228A/Service Road ATTACHMENT 1 LEGAL DESCRIPTION OF LAND Lot 1 in Block 2 in Section Two of Holiday Gardens Subdivision Extension in the City of West kerphis, Arkansas, as shown by plat of record in Plat Book 2 at page 365 in the records of Crittenden County, Arkansas. 1/4111t DocuSign Envelope ID:38694267-16AB-4EA3-A246-504584AF6A52 Licensor's Site Number and Name:LIS-AR-5115/Mayberry ver � r 1 t 1 Licensee's Site Number and Name:9ME1228A/Service Road NOC/Emergency: 877-589-6411 15. Licensee Contact for Emergency (not for legal notices): Network Operations Center: 877-611-5868 16. Special Provisions(insert any special provisions): [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE] DocuSign Envelope ID:38694267-16AB-4EA3-A246-504584AF6A52 Licensor's Site Number and Name:US-AR-5115/Mayberry vertical; °1 M" '` Licensee's Site Number and Name:9ME I228A/Service Road IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals as of the dates written below. LICENSOR: VERTICAL BRIDGE DEVELOPMENT, LLC, a Delaware limited liability company r—DocuSiwned by. By: c y L—DFDF739A85644A1 Alex Gellman Printed Name: Title: CEO 12/2/2019 Date: LICENSEE: POWERTEL/MEMPHIS, INC., A Delaware corporation ,—DocuSigned by By: Nt.ii`t, tui(br `—6607A6D 15965469_. Mike Taylor Printed Name: Title: VP Critical Infrastructure Procurement & Cost 12/2/2019 Date: TMO Digitally signed by TMO Legal (Approved 11Date: 2019.12.02 ATTACHMENTS: '�SK .`' Legal 10:30:11-05'00' Attachment 1: Legal Description of Land Attachment 2: LICENSOR'S Application Form Completed by LICENSEE—Description of Antenna Facilities Attachment 3: Prime Lease Attachment 4:Owner's Consent Attachment 5: Memorandum of Site License Agreement Attachment 6: Approved Plans Attachment 7: BTSSA / ign Envelope ID:38694267-16AB 4EA3 A246 504584AF6A52 Licensor's Site Number and Name:US-AR-5115/Mayberry � Licensee's Site Number and Name:9ME1228A/Service Road verticals-�� �, a F�LL: ATTACHMENT 1 LEGAL DESCRIPTION OF LAND 1 Lot i in Block 2 in Section rwo of Holiday Gardens Subdivision Extension in the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at ppage 365 in the records of Crittenden County, t