HomeMy WebLinkAboutResolution No. 2017-049CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2017-_0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A FOURTH AMENDMENT TO THE GROUND
AIND LEASE AGREEMENT BY AND BETWEEN THE CITY OF
THE COLONY AND VERIZON WIRELESS; 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, hereby
authorizes the Fourth Amendment to the Ground and Lease Agreement by and between
the City of The Colony and Verizon Wireless for a communications facility at the
Cougar Water Tower located at 5033 Clover Valley, The Colony, Denton County,
Texas.
Section 2. That this Fourth Amendment, attached hereto as Exhibit "A" and
Exhibit "A-6", is found to be acceptable and in the best interest of the City and its citizens,
and the City Manager is hereby authorized to execute the Amendment on behalf of the
City of The Colony, Texas, with the terms and conditions as stated therein.
Section 3. 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 6th day of June, 2017.
AT SST:
t ca—
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Moore, Ci y Attorney
_ G
J Mcco , Mayor
ity of The Colony, Texas
Colony WT / 25444
STATE OF TEXAS § City of The Colony
§ Fourth Amendment to Ground and Tower
COUNTY OF DENTON § Lease Agreement
THIS FOURTH AMENDMENT TO GROUND AND TOWER LEASE
AGREEMENT (hereinafter referred to as the "Fourth 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, L.P. 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, as amended by that certain Second
Amendment to Ground and Tower Lease Agreement dated December 2, 2014, and as amended
by that certain Third Amendment to Ground and Tower Lease Agreement dated September 20,
2016 (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 to allow Tenant to
install a generator in a new 5' x 10' generator lease area to the Cougar Water Tower site, as more
particularly shown on Exhibit A-7, a copy of which is attached hereto, and to document the
increase of rent in connection with Tenant's addition of the generator in the new 5' x 10'
generator lease area.
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 add Exhibit A-7,
attached hereto and incorporated herein for all purposes, to document Tenant's additional 5'x 10'
generator lease area and associated generator.
Section 2. Commencing on June 1, 2017, the Annual Rent shall be increased by
$1,500.00, partial year to be prorated ( "Annual Rent Increase") for a new total Annual Rent of
$34,000.00 ("New Annual Rent"). 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 Fourth
Amendment:
Page 1 of 5
Fourth Amendment to Ground and Tower Lease Agreement
City of The Colony, Texas Verizon Wireless
Cougar Water Tower - 5033 Clover Valley, The Colony, Texas
4816-6075-7053 v
3000007.700001 12/08/2016
(a) In the event of an inconsistency between this Fourth Amendment and the terms of the
Lease, this Fourth Amendment shall govern.
(b) The Lease shall continue in full force and effect except as amended herein. All
covenants, terms and obligations of the Lease not modified by this Fourth
Amendment are hereby ratified and affirmed.
(c) Any capitalized term used in this Fourth Amendment that is not defined herein has
the meaning given that term in the Lease.
(d) Owner and Tenant each warrant to the other that the person executing this Fourth
Amendment on behalf of the warranting party has the full right, power and
authority to enter into, and execute, this Fourth Amendment on that party's behalf,
and that no consent from any other person or entity is necessary as a condition
precedent to the legal effect of this Fourth Amendment.
[The Remainder of this Page Intentionally Left Blank]
Page 2 of 5
Fourth Amendment to Ground and Tower Lease Agreement
City of The Colony, Texas - Verizon Wireless
Cougar Water Tower - 5033 Clover Valley, The Colony, Texas
4816-6075-7053 v 1
3000007-700001 12/00016
EXECUTED this day of J LAX1 e'
ATTEST: rEX A
,u a�
Q'.
im•
Tina Stewart, City Secretary
PROVED AS
Jeff MoorejCity Attorney
Owner:
Colony WT / 25444
201
CITY OF THE COLONY, TEXAS,
A Texas home -rule municipality
By: —
Tr o well, City Manager
Date- (.p • • �'"'�
EXECUTED this 15'-4 day of MA -44 , 201-_
Tenant:
DALLAS MTA, L.P. d/b/a Verizon Wireless
By: Verizon Wireless Texas, LLC,
Its general partner
By: -��--
Name: asoesker
Title: Director - Network Field Engineering
Date: - /**7
Page 3 of 5
Fourth Amendment to Ground and Tower Lease Agreement
City of The Colony, Texas - Verizon Wireless
Cougar Water Tower - 5033 Clover Valley, The Colony, Texas
4816-6075-7053 v
3000007-700001 12/08/2016
Exhibit A-7
[Exhibit]
Fourth Amendment to Ground and Tower Lease Agreement
City of The Colony, Texas - Verizon Wireless
Cougar Water Tower - 5033 Clover Valley, The Colony, Texas
4816-6075.7053 v!
3000007-7000011210812016
Colony WT / 25444
Page 4 of 5
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