A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE THE ENCROACHMENT AND LEASE AGREEMENT FOR TOWN RIGHT-OF-WAY ALONG CLELAND DRIVE WITH NEW CINGULAR WIRELESS PCS, LLC (2006-01-23/R-4)

A RESOLUTION AUTHORIZING THE MANAGER TO NEGOTIATE THE ENCROACHMENT AND LEASE AGREEMENT FOR TOWN RIGHT-OF-WAY ALONG CLELAND DRIVE WITH NEW CINGULAR WIRELESS PCS, LLC (2006-01-23/R-4)

WHEREAS, on January 23, 2006, the Council authorized the Manager to lease Town right-of-way to New Cingular Wireless PCS, LLC; and

WHEREAS, on January 23, 2006, the Council reauthorized the lease of Town right-of-way to New Cingular Wireless PCS, LLC;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to execute an encroachment and lease agreement for Town right-of-way along Cleland Drive to New Cingular Wireless PCS, LLC at the rate of $2,150 per month for a period of 10 years.

BE IT FURTHER RESOLVED that the lease agreement shall include provisions for site grounds maintenance and provisions restricting the use of any elevated substantial mass type antenna on the tower.

This the 23^rd day of January, 2006.