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Home My WebLink AboutResolution No. 2014-028 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE OPTION AND LEASE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND AT&T WIRELESS, LLC FOR THE PURPOSE OF UPGRADING EXISTING EQUIPMENT AND THE ADDITION OF THREE NEW ANTENNAS TO THE CITY'S WATER TOWER LOCATED AT 5033 CLOVER VALLEY; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, hereby approves the Third Amendment to the Option and Lease Agreement by and between the City of The Colony and AT&T Wireless, LLC for the purpose of upgrading existing equipment and adding three additional antennas to the city's water tower located at 5033 Clover Valley, with the terms and conditions as stated therein. Section 2. That a true and correct copy of the Amendment is attached hereto and incorporated herein as "Exhibit A". Section 3. That the city manager is authorized to execute the Third Amendment to the Option and Lease Agreement by and between the City of The Colony and AT&T Wireless, LLC. Section 4. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 3'-a day of June, 2014. Joe McCourry, Mayor 'City of The Colony, Texas A7ES C ristie Wilson, TRMC, City Secretary T APPROVED AS TO PORM;_ ~i Jeff Moore, C y Attomey rEx A~ O STATE OF TEXAS § City of The Colony § Third Amendment to Option and COUNTY OF DENTON § Lease Agreement THIS THIRD AMENDMENT TO OPTION AND LEASE AGREEMENT is made and entered into by and between the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the "Landlord"), and New Cingular Wireless PCS, LLC, successor in interest to Metroplex Telephone Company, a Texas General Partnership, d/b/a AT&T Wireless, LLC (hereinafter referred to as the "Tenant") acting by and through their authorized representatives. WHEREAS, on or about February 27, 2002, the Landlord and Tenant (or° its predecessor in interest) entered into an Option and Lease Agreement regarding the lease of certain real property located at 5033 Clover Valley, The Colony, Texas (hereinafter referred to as the "Agreement"); and WHEREAS, on or about August 21, 2006, the Landlord and Tenant entered into a First Amendment to Option and Lease Agreement; and WHEREAS, on or about May 3, 2011, the Landlord and Tenant entered into a Second Amendment to Option and Lease Agreement; and WHEREAS, Section 23(a) of the Agreement provides that the Agreement may only be amended through written agreement approved by the parties; and WHEREAS, the Landlord and Tenant now desire to amend the Agreement with this Third Amendment (hereinafter referred to as the "Third Amendment") to address the mutual obligations of the parties. NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Landlord and Tenant agree as follows: 1. Amendment to Agreement. That Section 2 of the Agreement is amended and shall read as follows: "2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communication fixtures including (12) antennas, (12) TMAs, (15) RRU-12, (9) A2 Modules, (12) coax 7/8", (6) coax 1 5/8", (6) surge protectors , (4) DC cables 3/4" and (1) Fiber cable '/z" and related equipment, cables, accessories and improvements (collectively the "Communication Facility") and any other items necessary to the successful and secure operation of the Communication Facility, as substantially described in Exhibit I of this Third Amendment; such use includes the right to test, survey and check title on the Property. Landlord's execution of this Third Amendment will signify Landlord's approval of Exhibit 1. Tenant agrees to comply with all applicable governmental laws, rules, statutes, and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment or relocate the Communication Facility within the Premises in accordance with details shown in Exhibit 1, at any time during the term of the Agreement." 2. Amendment to Agreement. That Section 4 of the Agreement is amended and shall read as follows: "4. RENT. (a) Commencing on the effective date of this Third Amendment, Tenants monthly rental payment shall increase by Two Hundred Ninety-Five and No/100 Dollars ($295.00) and Tenant will pay the Landlord a total monthly rental payment of Three Thousand Four Hundred and No/100 Dollars ($3,400.00), plus any applicable tax, to Landlord, at the address set forth in the Agreement, on or before the 5"' day of each calendar month in advance. Rent will be prorated for any partial month. (b) Beginning with year one of each Extension Term, the monthly rent will increase by fifteen percent (15%) over the rent paid during the previous Term." 3. Miscellaneous Provisions. (a) In the event of an inconsistency between this Third Amendment and the terms of the Agreement, this Third Amendment shall govern, (b) The Agreement shall continue in full force and effect except as amended herein. [The Remainder of this Page Intentionally Deft Blank] Page 2 of 5 Third Amendment to Option and Lease Agreement City of The Colony, Texas - AT&T Wireless EXECUTED this day of 11 A, 2014. Landlord: CITY OF THE COLONY, TEXAS, A Texas home-rule municipality By: Tro X:!w~e1Cl,City Manager ATTEST: F~ J Christie Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore,i,City Attorney EXECUTED this _ day of "Cly 2014. Tenant: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation It's: Manager LAi By. M, i Name: rnc+-- Area _ u_ Vf Q7__ r~Chi to l IdL~S~R Title: Page 3 of 5 Third Amendment to Option and Lease Agreement City of The Colony, Texas - AT&T Wireless STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 6,~t, V , 2014, by _ of AT&T Mobility Corporation, the Manager of New Cingular Wireless, PCS, LLC, successor in interest to Metroplex Telephone Company, a Texas general partnership, d/b/a AT&T Wireless L.L.C. >y c KATHLEEN MEZA 'V MY COMMISSION EXPIRES Notary Public, State of Texa s,/9} February 21, 2015 I.Qj 1 ..STATE OF TEXAS § COUNTY OF DENTON § @ This instrument was acknowledged before me on they Y day of 2014, by Troy C. Powell, City Manager, of the City of The Colony, Texas, a Texas home-rule municipality, on behalf of said municipality. t~ I `Kotary Public, State of Texas A~ ao CHRISTIE NEU WILSON My commission Expires November 22, 2017 Page 4 of 5 Third Amendment to Option and Lease Agreement City of The Colony, Texas - AT&T Wireless 512712014 9:48:54 AM r Exhibit I Depiction of Communication Facility Page 5 of 5 Third Amendment to Option and Lease Agreement City of The Colony, Texas - AT&T Wireless 512712014 9:48:54 AM PROJECT INFORMATION APPROVALS A- - at&t ~i Or r r ,max°~ - r1 I ')NY X S I _a? SHEET INDEX r OM ;t;l v/ v IIM SITE NAME [ H ' CLOVER VALLEY I F)/1i_ GR ,I>I woRK -s \ TURBO 2C LTE UPGRADE s' 0~,~111<< f 'T IJ',F 2000E l.-B!, ' A,ildon. -X F 51741( V1s NM . ,u SITE NUMBE~~R~$ rx rm Rea.4 DRIVING DIRECTIONS SITE ADDRESS I A rr CLOVER VALLEY & RLAIR OAKS OR. N , rl "I A ]:I 1 THE COLONY, TX 75056 oZf t VA~ fir( 1 Tf N h (DEw-row COUNTY) I. 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