HomeMy WebLinkAboutResolution No. 2014-084 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014- 0 E4
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE SECOND AMENDMENT TO THE VERIZON
WIRELESS GROUND AND TOWER LEASE AGREEMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas and Verizon Wireless entered into a
Ground and Tower Lease Agreement on January 22, 1997 for property located at 5033
Clover Valley; and
WHEREAS, the City of The Colony, Texas entered into a First Amendment to
the the Ground and Tower Lease Agreement December 15, 2009, to provide a new pad
with equipment and new cabinet within the existing leased area; and
WHEREAS, it is determined that a Second Amendment to the Tower and Lease
Agreement to provide upgrades to the existing equipment, new antennas, cabling and an
additional increase of the annual rental payment to $26,000 with a 25% increase every
five years,is hereby in the best interest of the City of The Colony.
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 Second Amendment to the Ground and Tower Lease Agreement with
Verizon Wireless.
Section 2. That the City Manager is hereby authorized to execute the
Amendment.
Section 3. That this resolution shall take effect immediately from and after its
passage.
Section 4. That a copy of the Amendment is attached as Exhibit A.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
2nd day of December, 2014.
le Ci "� � �
oe McCo rry,Mayor
City of The Colony, Te .,,
ATTE T: OF THS
f, (.. 1 6 ili(A Li,: '`O
,,,ct Christie Wi1sO , TRMC, City Secreilary 1 (iE( SEA'
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• , ' çOVED AS TI rpvED _ e '. , .
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,
Jeff Moor-, City Attorney
Cougar WT(Colony WT)
STATE OF TEXAS § City of The Colony
Second Amendment to Ground and Tower
COUNTY OF DENTON § Lease Agreement
THIS SECOND AMENDMENT TO GROUND AND TOWER LEASE
AGREEMENT (hereinafter referred to as the "Second Amendment") is made and entered into
by and between the City of The Colony, Texas, a Texas home-rule municipality (hereinafter
referred to as the "Owner"), and Dallas MTA, LP. d/b/a Verizon Wireless (hereinafter referred
to as the"Tenant") acting by and through their authorized representatives.
WHEREAS, the parties previously entered into that certain Ground and Tower Lease
Agreement dated January 22, 1997, as amended by that certain First Amendment to Ground and
Tower Lease Agreement dated December 15, 2009 (hereinafter collectively referred to as the
"Lease"), for a communications facility at the Cougar Water Tower located at 5033 Clover
Valley, The Colony,Denton County, Texas; and
WHEREAS, the Owner and Tenant now desire to amend the Lease as set forth herein to
address the mutual obligations of the parties; and
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
Owner and Tenant agree as follows:
Section 1. That the Lease be, and the same is, hereby amended to delete Exhibit
"A3" and Exhibit A-4 in their entireties and replace said exhibits with the attached Exhibit "A-
5", a copy of which is attached hereto and incorporated herein for all purposes, and to include the
modifications set forth therein.
Section 2. Commencing on December 1, 2014, the Annual Rent shall be $26,000.00
each year (hereinafter referred to as the "New Annual Rent"), payable to Owner annually in
advance. The New Annual Rent shall be subject to the same escalations, in amount and
frequency, to which the Annual Rent is subject in accordance with the Lease.
Section 3. That the following miscellaneous provisions are a part of this Second
Amendment:
(a) In the event of an inconsistency between this Second Amendment and the terms of the
Lease, this Second Amendment shall govern.
(b) The Lease shall continue in full force and effect except as amended herein.
[The Remainder of this Page Intentionally Left Blank]
Page 1 of 3
Second Amendment to Ground and Tower Lease Agreement
City gine Colony, Texas—Verizon Wireless
Cougar WT(Colony WT)
1 ol
EXECUTED this day of Ce_aUndliA_ , 2014.
Owner:
CITY OF THE COLONY,TEXAS,
A Texas home-rule municipality
— —..... ..
.- ----- ---
.. -'----
Troy owell,City Manager
Date: /,) .---Z —i q
ATTEST:
,lik I
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Liat Christie Wilson.City Secretary i
A'PROVED AS TO Fl
41111111111IrfakaoF jw
' Jeff Moire, f ity Attorney
_
EXECUTED this ,2, day of c e&/yyjajf , 2014.
Tenant:
DALLAS MTA,L.P. d/b/a Verizon Wireless
By:Verizon Wireless Texas,LLC,
Its general partner
By:
Name:
Name: Aparna Khurjekar
Title: Area Vice President Network
Date: )11111H
Page 2 of 3
Second Amendment to Ground and lower Lease Agreement
City ofThe Colony, Texas— Verizon Wireless
Cougar WT(Colony WT)
Exhibit"A-5"
Exhibit"A-5".
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[See Attached]
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Page of
Second Amendment to Ground and Tower Lease Agreement
City of The Colony, Texas—Veri>on Wireless
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