Loading...
HomeMy WebLinkAboutResolution No. 09-054 CITY OF THE COLONY, TEXAS RESOLUTION NO. 09- A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE FIRST AMENDMENT TO THE T-MOBILE WEST CORPORATION COMMUNICATIONS FACILITY LEASE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; PROVIDING AN EFFECTIVE DATE WHEREAS, it is the desire of T-Mobile West Corporation to expand communications facilities at 5033 Clover Valley in the City of The Colony, Texas; and, WHEREAS, it is determined that amending the lease agreement dated February 5, 2001 and as reassigned January 1, 2006, 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 First Amendment to the Communication Facility Lease Agreement with T- Mobile West Corporation. 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 17th day of August, 2009. G Jo McCour , Mayor ity of Th Colony, Texas AT ST: Christie it TRMC Secreta Lly APPR® f: ee , Robert E. Hager, Ci Attorney f. G .r STATE OF TEXAS § City of The Colony § First Amendment to Communication Facility COUNTY OF DENTON § Lease Agreement THIS FIRST AMENDMENT TO COMMUNICATION FACILITY LEASE AGREEMENT is made and entered into by and between the City of The Colony, Texas ("Lessor") and T-Mobile West Corporation, as successor in interest to T-Mobile Texas L.P. ("Lessee") acting by and through their authorized representatives. WHEREAS, the Lessor previously entered into that certain Communication Facility Lease Agreement dated February 5, 2001, with Cook Inlet/VoiceStream Operating Company, LLC, a Delaware limited liability company, by VoiceStream PCS BTA I Corporation, its Agent, as Lessee (the "Agreement"); WHEREAS, the Lease Agreement was transferred to T-Mobile Texas L.P. effective January 1, 2006; WHEREAS, the parties desire to amend the Agreement as set forth herein; 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 parties agree as follows: 1. That Paragraph 1, Premises, is hereby amended to read as follows: "PREMISES. The City is the owner of that certain real property located at 5033 Clover Valley, The Colony, Texas 75056, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). The City hereby leases to T-Mobile West Corporation certain portions of the water tower and ground space (collectively, the "Premises") located on the Property. The Premises are more particularly described on Exhibit B attached hereto and incorporated herein by reference. T-Mobile West Corporation shall have the right to use the Premises for the purpose of installing, removing, replacing, modifying, maintaining, and operating a communications facility including no more than three (3) equipment cabinets; twelve (12) radios and antennas; and associated equipment, fixtures, and cabling (collectively, the "Communication Equipment") further described in Exhibit D attached. Installation of the Communication Equipment must be in strict compliance with the attached site plan. The installation of any other additional equipment requires the express written approval of the City, such approval not to be unreasonably withheld, conditioned, or delayed." 2. Exhibit "D" of the Agreement is deleted in its entirety and replaced with a new Exhibit "D" attached hereto. 3. In the event of an inconsistency between this First Amendment and the terms of the Agreement, this First Amendment shall govern. 4. The Agreement shall continue in full force and effect except as amended herein. FIRST AMENDMENT TO COMMUNICATION FACILITY LEASE AGREEMENT Page I t EXECUTED this day of '2009. Lessor City of The Colony, Texas By: ~Ae Act'~" Dale Cheatam Title: City Manager APPROVED AS FORM By: Robert E. Hager, C' Attorney WWJJG/cgo/37732/06-26- EXECUTED this ok day of 2009. Lessee T-Mobile West Corporation By: Name: Jared Ledet Title: Regional Development Director FIRST AMENDMENT TO COMMUNICATION FACILITY LEASE AGREEMENT Page 2 [EXHIBIT D] [COMMUNICATION EQUIPMENT] On the tower: 12 EMS Antennas Cable adequate to service antennas, running from cabinet to tower. On the grounds: Twenty feet by twenty (20' X 20') ground space for electronics cabinet.