City Council

CITY COUNCIL MEETING June 6, 2023 The meeting will be called to order at 7:30 P.M. PLEDGE OF ALLEGIANCE & PRAYER ROLL CALL Buzaid, Cavo, Eriquez, Knapp, Levy, DiGilio, Rotello, Visconti, Esposito, Halas, Esposito III, Fox, Masi, Palma, Henry, Britton, Merchan, Perkins, Chianese, Cammisa and VACANT ______ PRESENT ______ ABSENT _____ VACANCY PUBLIC SPEAKING MINUTES - Minutes of the Council Meeting held May 2, 2023 CONSENT CALENDAR AGENDA 1. COMMUNICATION - Police Department Promotion – Scott Fabich to Lieutenant 2. COMMUNICATION - Police Department Promotion – John Giafone to Sergeant 3. COMMUNICATION - Police Department Promotion – Brian Wakeman to Segeant 4. COMMUNICATION - Police Department Promotion – Travis Weber to Detective 5. COMMUNICATION - Fire Department Promotion – Sharon Gies to Lieutenant 6. COMMUNICATION - Fire Department Promotion – Kenneth Monteavaro to Lieutenant 7. COMMUNICATION - Appointment to Government Entity – Cultural Commission 8. COMMUNICATION - Appointment to Government Entity – Fair Rent Commission A. Ron Agrad B. Lisa Farmer C. Estela Francis 9. COMMUNICATION - Appointment to Government Entity – Richter Park Authority 10. COMMUNICATION - Appointment to Government Entity – Zoning Board of Appeals 11. COMMUNICATION - Appointment to Housatonic Resources Recovery Authority 12. COMMUNICATION - Request to Change Ordinance Sec. 13A-61 – Danbury Museum And Historical Society Authority 13. COMMUNICATION - Request for Honorary Street Name – Elm Street 14. COMMUNICATION - Donation – $5,000 from FirstLight Power Services, LLC for boat dock extension at Candlewood Lake – Public Works/Emergency Services 15. COMMUNICATION - Annual Suspense List – Tax Collector 16. COMMUNICATION - Application for Renewal of Water & Sewer Extensions – 100 Saw Mill Rd 17. RESOLUTION - Ambulance & Advanced Life Support Agreement – Western CT Health Network – Fire Dept. 18. RESOLUTION - Emergency Communication System – AT&T – Emergency Services 19. RESOLUTION - FAA Grant – Airport Obstruction Removal Environmental Analysis Municipal Airport 20. RESOLUTION - FAA Grant – Airport Taxiway C Project – Municipal Airport 21. RESOLUTION - CT DOT – Speed and Aggressive Driving Enforcement – Police Dept. 22. RESOLUTION - CT Dept. of Aging & Disability Services/ARPA Funding– Elderly Services 23. RESOLUTION - CT Dept. of Administrative Services – Early Childhood Center / BOE 24. RESOLUTION - CT Dept. of Administrative Services – DHS Science Lab Improvements / BOE 25. RESOLUTION - CT Dept. of Housing – Emergency Shelter Grant – Health & Human Services 26. REPORT - Ad Hoc – Appointment of Assistant Counsel & Outside Counsel Attorney Candace V. Fay, Esq. – Corporation Counsel 27. REPORT - Ad Hoc – Application for Deferral of Tax Assessment Increase – 11 Boughton Street DEPARTMENT REPORTS - Police, Fire, Health & Human Services, Public Works, Permit Center, U.N.I.T., Elderly Services, Public Library, Tax Assessor ADJOURNMENT Copies of Agenda Items are available in the Legislative Assistant’s Office and on the City’s website. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AT&T Site ID: FA 10034995 State: CT County: Fairfield LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as "Lease") by and between New Cingular Wireless PCS, LLC, a Delaware limited liability company with offices at 1025 Lenox Park Blvd. NE, Atlanta, Georgia 30319 (hereinafter referred to as "Lessor”) and City of Danbury, a Connecticut local government with offices at 155 Deer Hill Avenue, Danbury, Connecticut 06810 (hereinafter referred to as "Lessee"). At its sole discretion, Lessor may execute this Lease following the acceptance of a Site Lease Application and Application Fee from Lessee. Prior to or in conjunction with this Lease, Lessee shall submit the following to Lessor: A. Site Lease Application (the "Application"); and B. Application Fee of $2,500 (the "Fee"). After receipt of the Application and Fee from Lessee, and after an initial review of the application for completeness and space and area availability, Lessor shall provide to Lessee a copy of any structural drawings and site plans (if available) and other relevant information (collectively, the "Lessor Documents"). Upon receipt of the Lessor Documents, Lessee shall develop preliminary site plans (the "Preliminary Plans") showing the location of Lessee's facilities and accessory equipment and showing the associated structural loading. An application may not be approved, at the sole discretion of Lessor, for any reason whatsoever including but not limited to structural limitations caused by the loading created by the addition of the Lessee's antennas and associated cabling if Lessee's additional loading prohibits Lessor from placing a full array of 12 standard panel antennas and 24 coax plus 2 microwave dishes of 6’ each (at a height acceptable to Lessor) on the Tower as hereinafter defined. Upon finding that Lessee's Application and proposed facilities are acceptable, Lessor will Lease the Leased Premises, as defined below, subject to the terms and conditions of this Lease as follows: 1. Leased Premises. Subject to the following terms and conditions, Lessor leases to Lessee certain space and area upon Lessor’s Tower, as hereinafter defined, as more particularly described in Exhibit 1 (“Plans and Specifications”) and Exhibit 2 (“Leased Premises”), attached hereto. Lessee's use and maintenance of the Leased Premises shall be limited only to that portion thereof described and depicted in Exhibits 1 and 2, provided, however, Lessee shall have the right of pedestrian and vehicular ingress and egress, together with the installation of utilities serving the Leased Premises and improvements thereon, over and across the real property more particularly described in Exhibit 3 (the “Property”) attached hereto. 2. Lessor-owned Property. The parties acknowledge and agree that Lessor owns the Property identified in Exhibit 3 for the purpose of constructing, operating and maintaining a telecommunication tower (“Tower”), antenna facilities and other attendant facilities. ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield 2. Term. The initial term (“Initial Term”) of this Lease shall be for a period of five (5) years and shall commence 120 days after full execution of this Lease, or upon commencement of construction at the Leased Premises, whichever occurs first ("Commencement Date"), and shall expire at midnight on the fifth anniversary of the Commencement Date. Lessee shall memorialize the Commencement Date of this Lease in writing, sent via certified mail, to Lessor at the addresses set forth in this Lease. This Lease shall be automatically extended for four (4) additional five (5) year terms, each being a renewal term (“Renewal Term”), unless Lessee provides written notice of its intention not to renew the Lease no later than three (3) months prior to the expiration of the Initial Term or of the then current Renewal Term, as the case may be; provided, however, such automatic right of renewal is contingent upon Lessee not being in default of the Lease. Lessee agrees that if Lessee remains in possession of the Leased Premises after the expiration of the Initial Term or any Renewal Term of this Lease, without exercising its right to renew, Lessee shall be deemed to be occupying the Leased Premises as a Lessee-at- sufferance on a month-to-month basis, subject to all the covenants and obligations of this Lease. 3. Rent. Lessee shall pay to Lessor as rent, an amount equal to Eight Hundred and 00/100 Dollars ($800.00) per month, plus its pro-rata or equitable share of any applicable taxes (including but not limited to; any current or future sales tax, sublease tax, lease and/or leasehold tax, tenant tax, subtenant tax, tower tax, real estate tax, property tax, personal property tax, excise tax, etc.) ("Rent"). Rent shall be for Tower space. Rent shall be payable on the first day of each calendar month in advance at the following address: AT&T Mobility, Attn: Collocation A/R, P.O. Box 5086, Carol Stream, IL 60197-5086. If the term commences other than on the first day of the month, the Rent shall be prorated for the first month for the number of days from the Commencement Date to the end of the month. If this Lease is terminated on a day other than on the last day of a month, then Rent shall be prorated as of the date of termination and in the event of termination for any reason other than a default by Lessee, all prepaid Rent shall be refunded to Lessee. The Rent due under this Lease shall increase annually on the anniversary of the Commencement Date by four percent (4%) over the base Rent payable for the immediately preceding year. 4. Permitted Use. The Leased Premises may be used by Lessee to install, maintain and operate wireless antenna equipment on Lessor’s Tower; provided, however, Lessee must coordinate the frequency of its wireless antenna equipment with Lessor to the satisfaction of Lessor as determined in its sole discretion ("Permitted Use"). Lessee’s antenna equipment (hereinafter referred to as "Communications Equipment"), is attached as Exhibit 1. All Communications Equipment shall be anchored and installed on Lessor’s Tower in accordance with good and accepted engineering practices, and by Lessee or a contractor approved by Lessor. Lessee must notify Lessor of its intent to install the Communications Equipment prior to installation and, subject to the approvals of Lessor as contemplated hereunder, Lessee shall also notify Lessor upon its completion of the installation of its Communications Equipment, and provide Lessor with required “As Built” plans and related documents depicting the installation within sixty (60) days of completion of construction. ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield 5. Access. Lessor agrees that during the term of this Lease, Lessee shall have the right of reasonable ingress and egress on a 24-hour basis to the Leased Premises for the purpose of installing, maintaining, repairing and removing its Communications Equipment. Lessee acknowledges and agrees, however, that such access shall be permitted only to authorized engineers or employees of Lessee or persons under the direct supervision of Lessee for the limited purposes set forth herein. Lessee shall use its best efforts to provide Lessor with 24 hours advance written notice for Lessee's routine access to its Communications Equipment and in the event of emergency, Lessee shall give Lessor notice as soon as reasonably possible. 6. Interference. Lessee shall not use the Leased Premises in any way that interferes with Lessor’s business operations or with its use of the Property or any equipment located thereon or by subtenants or sublicenses of Lessor holding rights to the Property on the date of this Lease. In the event of such interference, Lessee will cause such interference to cease upon not more than twenty-four (24) hour notice from Lessor. If Lessee is unable to eliminate such interference within seventy-two (72) hours, Lessee agrees to remove its Communications Equipment from the Property and this Agreement shall terminate. Lessee hereby acknowledges that any interference with Lessor’s business operations shall cause Lessor to suffer irreparable injury and entitle Lessor, in addition to exercising any other rights or remedies available hereunder or under applicable law, to seek the immediate enjoinment of such interference. 7. Improvements; Utilities; Removal. a. All work by Lessee shall be performed in compliance with all applicable laws and ordinances. Lessee is not authorized to contract for or on behalf of Lessor for work on, or the furnishing of materials to, the Leased Premises or any other part of the Property, and Lessee shall discharge of record by payment, bond or otherwise, within ten (10) days subsequent to the date of its receipt of notice thereof from Lessor, any mechanic's, laborer's or similar lien filed against the Leased Premises or the Property for work or materials claimed to have been furnished at the instance of Lessee. The Communications Equipment shall remain the exclusive property of Lessee, and Lessee shall have the right to remove all or any portion of the Communications Equipment at any time during the term of the Lease and following any termination of this Lease; provided Lessee is not in default of this Lease. Any property which is not removed by Lessee within ninety (90) days after the expiration or earlier termination of this Lease upon the expiration of said ninety (90) day period, shall at the option of Lessor (i) be removed and discarded or stored by Lessor at Lessee's expense, or (ii) become the property of Lessor, and Lessee shall thereafter have no rights, obligations or liabilities whatsoever with respect thereto. b. Lessee, at its sole cost and expense, shall erect, maintain and operate on the Leased Premises, separate utility services from the servicing utility company or companies. Lessee shall individually and directly pay for the utility services it consumes in its operation. 8. Termination. Except as otherwise provided herein, this Lease may be terminated as follows: a. by Lessee if Lessor does not approve Lessee’s Application; ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield b. By Lessor, if Lessee fails to make any monetary payment due under this Lease within ten (10) days after Lessee's receipt of written notice of default from Lessor; c. by either party if the other party defaults (other than a default described in Section 9. b. above) and fails to cure such default within thirty (30) days after written notice of such default is received; provided, however, that if such default is capable of being cured, but not within such 30-day period, this Lease may not be terminated so long as the defaulting party commences appropriate curative action within such 30-day period and thereafter diligently prosecutes such cure to completion as promptly as possible; d. by Lessee upon sixty (60) days prior notice if it is unable to obtain, maintain or otherwise forfeits or cancels any license, permit or governmental approval necessary for the construction or operation of the Communications Equipment; or e. by Lessee upon sixty (60) days prior written notice if Lessee determines, in its reasonable discretion exercised in good faith, that based on (i) technology, (ii) interference with use of the Leased Premises resulting from the acts of any third party, an act of God or from other natural forces, or (iii) changes in system design or system usage patterns, Lessee's use of the Communications Equipment (as the same may have been modified from time to time) is no longer consistent with the optimal operation of Lessee's communication system. 9. Casualty and Condemnation. a. If at any time during the term of this Lease all or "substantially all" (meaning the remaining portion thereof shall not be of sufficient size or condition to permit the continuation of Lessee's Permitted Use in a commercially reasonable manner) of the Communications Equipment upon the Leased Premises shall be damaged and/or destroyed by fire or other casualty, then Lessee may terminate this Lease by providing written notice to Lessor, which termination shall be effective as of the date of such damage and/or destruction, and whereupon Lessee shall be entitled to collect all insurance proceeds payable on account thereof and to the reimbursement of any prepaid Rent, to be apportioned as of the termination date. b. If at any time during the term of this Lease all or "substantially all" (as described in the preceding section 10.a) of the Leased Premises or the buildings and improvements located thereon shall be taken in the exercise of the power of eminent domain by any governmental or other authority, or by deed in lieu of condemnation, then Lessee may terminate this Lease by providing written notice to Lessor, which termination shall be effective as of the date of the vesting of title in such taking, and any prepaid Rent shall be apportioned as of said date and reimbursed to Lessee. Lessor and Lessee shall each be entitled to pursue their own separate awards with respect to such taking. In the event of any taking of less than all or substantially all of the Leased Premises, this Lease shall continue and each of Lessor and Lessee shall be entitled to pursue their own separate awards with respect to such taking. 10. Taxes. Lessee shall pay its pro-rata or equitable share of any applicable taxes (including but not limited to; any current or future sales tax, sublease tax, lease and/or leasehold tax, tenant tax, subtenant tax, tower tax, real estate tax, property tax, personal property tax, excise tax, etc.) which is attributable to Lessee’s use of the Leased Premises, and Lessor agrees to furnish proof of such increase to Lessee. ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield 12. Insurance and Subrogation. Lessee will provide: a. Commercial General Liability Insurance in an aggregate amount of $2,500,000 and name Lessor as an additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance maintained by Lessee and providing Lessor within ten (10) days of the Commencement Date with a certificate of insurance naming Lessor as an additional insured. b. Workmen’s Compensation coverage in the statutory amount. 113. Hold Harmless. Lessee agrees to indemnify and save Lessor harmless from any and all liability, claims, lawsuits, and costs, including reasonable attorneys’ fees, costs and expert witness’ fees, arising from or in any way relating to Lessee’s use of the Leased Premises under this Lease. Lessee agrees to use and occupy the Leased Premises at Lessee’s own risk, and hereby releases Lessor, its agents and employees, from any and all liability, claims, lawsuits or costs, or any other damages or injuries to the fullest extent permitted by law. Notwithstanding the foregoing, the Lessor shall not be released by the Lessee with respect to liabilities, claims, lawsuits or costs, or any other damages or injuries caused by or relating to its own negligence. 14. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Lessor: (via USPS): New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site No.: 60417; Cell Site Name: Danbury – Moses Mtn. (CT) Fixed Asset No.: 10034995 1025 Lenox Park Blvd. NE Atlanta, GA 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site No.: 60417; Cell Site Name: Danbury – Moses Mtn. (CT) Fixed Asset No.: 10034995 208 S. Akard Street Dallas, TX 75202-4206 ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield If to Lessee: City of Danbury 155 Deer Hill Avenue Danbury, CT 06810 With a copy to: City of Danbury Finance Department 155 Deer Hill Avenue Danbury, CT 06810 With a copy to: City of Danbury Corporation Counsel 155 Deer Hill Avenue Danbury, CT 06810 With a copy to: City of Office of Emergency Management 155 Deer Hill Avenue Danbury, CT 06810 15. Environmental Laws. As used herein, the term "Environmental Laws" shall mean any and all local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term "Hazardous Substance" shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) that is regulated by Environmental Laws. Each party represents, warrants and agrees that it will conduct its activities on the Leased Premises or the Property in compliance with all applicable Environmental Laws. Lessee agrees to defend, indemnify and hold Lessor harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorneys' fees that Lessor may suffer due to the introduction, use, existence or discovery of any Hazardous Substance on the Leased Premises or Property or the migration of any Hazardous Substance to other properties or released into the environment, that is caused by or results from Lessee’s activities on the Leased Premises or Property. Lessor agrees to defend, indemnify and hold Lessee harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorneys' fees that Lessee may suffer due to the introduction, use, existence or discovery of any Hazardous Substance on the Leased Premises or Property or the migration of any Hazardous Substance to other properties or released into the environment, that is caused by or results from Lessor’s activities on the Leased Premises or Property. The indemnifications in this section specifically include costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. The provisions of this section will survive the expiration or termination of this Lease. ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield 1612. Assignment and Subleasing. Lessee may not assign or sublet this Lease without the prior written consent of Lessor which approval shall not be unreasonably withheld. Lessor may assign this Lease without notice to or consent from Lessee, in its sole discretion. 17. Relocation of Communications Equipment. Lessor reserves the right, upon ninety (90) days prior written notice, to relocate Lessee’s Communications Equipment either within the Leased Premises or the Property, as Lessor determines, and on the Tower. In the event relocation is required, Lessee shall bear the expense of such relocation. If, however, Lessee determines that the proposed relocation area upon the Tower is no longer consistent with the optimal operation of Lessee's communication system, then Lessee shall have the right to terminate this Lease immediately. Upon termination of this Lease, Lessee shall have ninety (90) days to remove its Communications Equipment from the Tower and Leased Premises and return the Leased Premises to its original condition, reasonable wear and tear from the elements excepted. 18. Working Drawings: Lessee shall proceed with Lessee's work in accordance with the following schedule: a. Lessee shall submit to Lessor working drawings ("Working Drawings") prepared by Lessee; and b. Lessor shall, within thirty (30) days of receipt, either approve such Working Drawings or designate by notice in writing to Lessee the specific changes required to be made to the Working Drawings or request additional information, which Lessee shall provide, and Lessee shall resubmit the modified Working Drawings to Lessor within thirty (30) days. 19. Force Majeure. Lessor shall not be liable to Lessee for any loss or damage to the Leased Premises, Lessee's use or its equipment due to fire, other casualty, act of God, the state of repair of the Leased Premises, the bursting or leakage of any water, gas, sewer or steam pipes, or theft or any other act or neglect of any third party unless such loss or damage was caused by the sole negligent act or omission of Lessor, its agents, servants, employees, contractors, licensees or invitees. 20. Miscellaneous. a. The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs. With respect to this section and any other provision in this Lease providing for payment or indemnification of attorneys' fees, such fees shall be deemed to include reasonable fees incurred through any applicable appeal process and shall include fees attributable to legal services provided by any in-house counsel and staff to the prevailing or indemnified party. For purposes hereof, the services of in-house attorneys and their staff shall be valued at rates for independent counsel prevailing in the metropolitan area in which such counsel and staff practice. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing and executed by both parties. c. Either party hereto that is represented in this transaction by a broker, agent or commission salesperson (a "Representative") shall be fully and exclusively responsible ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to a fee, commission or other compensation asserted by such Representative, including reasonable attorneys' fees and costs incurred in defending such claim. d. Each party agrees to not record this Lease. e. This Lease shall be construed in accordance with the laws of the county and state in which the Leased Premises is located. f. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. g. Whenever under the Lease the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner. h. Lessor covenants that Lessee shall, upon paying the Rent and observing the other covenants and conditions herein upon its part to be observed, peaceably and quietly hold and enjoy the Leased Premises during the term of this Lease or as it may be extended. i. Upon receipt of Lessor’s written request and within fifteen (15) days after said request, Lessee shall execute, acknowledge and deliver to Lessor, a certificate stating that: This Lease is in full force and effect and has not been modified, supplemented or amended in any way, except as specified in such certificate; there are no existing defenses or offsets, except as specified in such certificate; Lessee has not paid any Rent in advance, except as specified in such certificate; Lessee is not in default in the payment of Rent or any of the other obligations required of Lessee under this Lease; and Lessee has paid Rent, additional Rent, and any other payments due Lessor as of the date set forth in the certificate. j. Nothing herein contain shall be deemed or construed by the parties hereto, nor by any other party as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. Neither the method of computation of Rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than that set forth hereto. k. Lessor will cooperate with and permit Lessee, at Lessee’s sole cost and expense, to implement reasonable measures in order for Lessee to fulfill its RF exposure obligations at the transmitting site, including restricting public access and posting signs and markings. If Lessor does not fulfill its obligations pursuant this paragraph, in addition to all other remedies it may have, Lessee may terminate this Lease upon written notice to Lessor without further obligation to pay rent under this Lease. l. Waiver of a breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach of such provision, or a breach of any other provision of this Lease. ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield IN WITNESS WHEREOF, the parties have entered into this Lease as of the dates set forth below. WITNESSES: LESSOR: NEW CINGULAR WIRELESS PCS, LLC By: AT&T Mobility Corporation Its: Manager By: Name: Alicia McClure Print Name: Title: Area Manager Date: Print Name: LESSEE: City of Danbury By: Name: Print Name: Title: Date: Print Name: ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield EXHIBIT 1 PLANS AND SPECIFICATIONS (including description of the antenna location, and location of ground equipment on the ground portion of the Leased Premises) Number of Antennas: One (1) Antenna Manufacturer and Type-Number: Telewave ANT450D6-9 Weight and Dimension of Antenna(s) (L x W x D): 18 lb. / 72” x 5” x 12” MW Dish diameter and approved RAD Center: N/A Number of Transmission Lines: Two (2) Diameter of Transmission Line: 7/8” Location of Antenna(s) on Tower (Approved R/C): 5’ Direction of Radiation (Azimuth): 130 Dimensions of LESSEE Ground Space: N/A Frequencies/Max. Power Output: Tx: 440.7, 453.3, 453.7, 460.2, 460.6 MHz Rx: 445.7, 458.3, 458.7, 465.2, 465.6 MHz 50 watts ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield EXHIBIT 2 (Leased Premises) Tower Elevation Carrier #3 - Lessee ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield EXHIBIT 3 (The Property) Common Address: Moses Mountain, Danbury, Fairfield County, CT 06810 See attached Survey, if available ATT Stand-Alone SLA Rev 062508 AT&T Site ID: FA 10034995 State: CT County: Fairfield ATT Stand-Alone SLA Rev 062508 19 20 21 22 23 24 25 26 27