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Home My WebLink AboutResolution No. 09-055 CITY OF THE COLONY, TEXAS RESOLUTION NO. 09- 0 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE FIRST AMENDMENT TO THE NEXTEL OF TEXAS, INC. COMMUNICATIONS FACILITY LEASE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; PROVIDING AN EFFECTIVE DATE WHEREAS, it is the desire of Nextel of Texas, Inc. to amend the communications facility lease agreement to authorize a sublease for communications equipment at 5260 North Colony Boulevard in the City of The Colony, Texas; and, WHEREAS, Nextel desires to assign or sublease the premises to Clearwire; and WHEREAS, it is determined that amending the lease agreement dated March 20, 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 Nextel of Texas, Inc. 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. loe G McCo u Mayor (/e y of Th Colony, Texas A ST: Z Christie ilson, TRMC, City S retary fs' , k+ APPR AS O Robert E. Hager, Cit ttorney ° Site Name :N.E.Colony Site ID:TX0612H Site ID: TX-DAL6612 . 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 Nextel of Texas, Inc. ("Lessee") acting by and through their authorized representatives. WHEREAS, the parties previously entered into that certain Communication Facility Lease Agreement dated March 20, 2006 (the "Agreement"); 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 Article 5, Rent, is hereby amended to read as follows: "(a) Upon the Commencement of Construction (which shall mean the construction of the new equipment or November 1, 2009, whichever occurs first) and on the first day of each month thereafter, Lessee shall pay to Lessor as rent Two Thousand Four Hundred Dollars ($2,400.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at City of The Colony, 6800 Main St., The Colony, Texas 75056, Attn: Gordon Scruggs." 2. That Article 13, Assignment and Subletting, is hereby amended by adding the following language: "The provisions of this Article 13 shall not preclude Lessee from assigning or subleasing all or any part of its interest in this Agreement or in the Premises to Clearwire." 3. That Exhibit "B" of the Agreement is amended by adding two new Exhibits, "B-1" and "B-2," depicting Lessee's site plan and microwave facilities. 4. Exhibit "D is attached hereto and made a part hereof. FIRST AMENDMENT TO COMMUNICATION FACILITY LEASE AGREEMENT Page I Site Name :N.E.Colony Site ID:TX0612H Site ID: TX-DAL6612 5. Licensee's Notice Address. Licensee's notice address in Section 20 d of the Agreement is hereby deleted in its entirely and replaced with the following: Sprint/Nextel Property Services Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 With a mandatory copy to: Sprint/Nextel Law Department Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn.: Real Estate Attorney 6. In the event of an inconsistency between this First Amendment and the terms of the Agreement, this First Amendment shall govern. 7. The Agreement shall continue in full force and effect except as amended herein. (signature page to follow) FIRST AMENDMENT TO COMMUNICATION FACILITY LEASE AGREEMENT Page 2 Site Name :N.E.Colony Site ID:TX0612H Site ID: TX-DAL6612 EXECUTED this 5 day of LC 52009. lessor City of The Colony, Texas By: - 4 &cj"'d~ Dale Cheatam Title: City Manager APPROVED T FO By: Robert E. Hager, City torney (REG/JJG/cgo/37727n-9-o9) EXECUTED this 4e~-day of 4ax!~~: 52009. Lessee Nextel of Texas, Inc., a Texas C oration By: Name: holly 'C/Castellanos Title: Manager, ea Estate FIRST AMENDMENT TO COMMUNICATION FACILITY LEASE AGREEMENT Page 3 N x~ Q NOTE;, POWER SOURCE 'FROIA. RECTIFIER RACK-(RR). 9014TRACTOR' HOTE: SfFU1CR1fTAL.A}2el..1SYS Q TO SUPPLY & INSTALL (3) SPA DC BREAKERS & WIRE PERFRDMED BY OTHERS i"~~- X-X-X- X-X-X X / ti (E) IDEN SHELTER RO,POS,Eb HT~, R NOM (N) CLEAR X wiRELE$S DISH: WILL X I RE_ v _ J L J -,j j GATESCCESS~t, r • , HAVE 2' C,VEARANCE I! l RF' F TO Tip MM - C,) ANTENNAS U E~E) CABLE V (N) CLEAR 3X < _ I 1 LADDER s X WIRELESS PIS ' I ANTENNA I k (E) MTS X (E)O.M. 1, X f c~=i 1~1 -~'X ANTENNAS E„I (E) CHAIN LINK-' 3a FENCE v. M (E) ICE BRIDGE i5~i n w ''-C'r F+~I TO WATER TOWER L r• .-~z 3 ~y ((ff~' (E) ICE 9901 E. r T6 WATER . o TOWER LEG-\, EXISTING 146' I f W WATER TOWER a i ~ 25' N 40:7313 I S LE N 265_ SCALE. 3%t6'- 1LLJJ 260.1627 IOE N HELTER. tL. iJ5 TOP VEEW 6LEVRTION VIEW LOP 4ss 2' 116..3249 seue sr ~ ;u±,~~~ ~~a~~ sReNAne~:pRUtrwT r ~y~qp = _eleor® ~ eno ~enssouraemv> sirexo. nfoAtSaf? \~V'.+6r97 ow..o 0 pwR'rID'»55ua 6ia4 vkOR ON. rui msb9e IneeryC aO.elA y ~m~5va ou C0 tR•4lssanej n1E'000INY.R T6056 ON C~~N Koff cF Ittl1A1V4i. WA 9Nii liana. Aoam mnu via.f 1 prY.~ M'~.. 4609069.:43 W z N .-y x ~ Q Q Q Nj ,MICRbV1AVE .DISH. (DISH 70 HAVE Z' CLEARANCE FROM M W ANTENNA) -DISHMOUNTING HARDWARE SY MANUFACTURER ' MICROWAVE ~1f2" JUMPER DISH "(N) LOWER MOUNTING PIPE (IF REQUIRED) 1 16 GROUND _ ~STRANOEQ'1 NM -NEW ANTENNA I'~'-POLYPHASER h+l (E) MOUNTING PIPE MAIN UNE 2ANTENNAYE OISN ( I ANTENNA I~EE)ARGANTENMA-! (E) GROUND B.AR NEAR.CA8INET W o IF 5£E, 54UPMENT CUF ~.POLYPHASER SSPECTFICAIWNS IN (E) MOUNTING; PiP, GIEAR WIRELESS MAIN THE TO MI HAVE CABINET INSTAI;iATION GUIDE TYPICAL MICROWAVE MH SIDE VIEW 1 WOROWAVE DISH ANTENNA 2 M[CROWAYE' DISPi:gROUNdINd' SCALE: N.T.S. SCALE: N.T.S. SC .f.5. ~ mBBn]siB~ncn.maartaurmBaN Fium STfENAME: PR _ ~ GIPAP~.. an n,t ilmebeovneotw 'SITE N0.7X.4AL3✓ clear auv cum ' uatu ry ABBCO.1LYt3 isBN SIUM. 'OR' sWb last B ]s,M1emC T o LUm em me e.+v' w as ~ OOCt¢ G2.644H CEE'TAII$ .'+sOr~PS4lswq]p1 ]Y.E WlLN1'. TL ]SO¢B x_^ 400. ClJBiI.ON 1'CM O OEM- r IMA9/JID. 9P BBBA yvi. otmm sawe aeu: nhhxr~ . NC09o59~0.1 W z z ' Site Name :N.E.Colony Site ID:TX0612H Site ID: TX-DAL6612 [EXHIBIT D] [COMMUNICATION EQUIPMENT] On the tower: (1) 12 EMS Antennas and 3 Microwave Dishes (2) Cable adequate to service antennas, running from cabinet to tower. On the grounds: Twenty feet by thirty (20' X 30') ground space for electronics building with 15' access driveway.