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Home My WebLink AboutResolution No. 2011-028 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING AN AMENDMENT TO THE OPTION AND LEASE AGREEMENT WITH A T & T WIRELESS FOR INSTALLATION OF ADDITIONAL EQUIPMENT AT THE CLOVER VALLEY WATER TOWER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE WHEREAS, it is the desire of A T & T wireless to install additional equipment at the Clover Valley water tower in the City of The Colony, Texas; and, WHEREAS, it is determined that approving the amendment to the Option and Lease Agreement 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 amendment to the Option and Lease agreement to install additional equipment at the Clover Valley water tower. Section 2. That the City Manager is hereby authorized to execute the Agreement. Section 3. That this resolution shall take effect immediately from and after its passage. Section 4. That a copy of the Agreement is attached as Exhibit A. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 3rd day of May, 2011. Joe McCouriy, Mayor City of The Colony, Texas ATT'~S ` psi ,l~__tf > G ~ ~ lilt B F 6 Christie Wilson, TRMC, City Secretary APP_ OVED AS TO FORM: } f a~ 6 s~D j~fr Moore,,-City Attorney ~ ~ z STATE OF TEXAS § City of The Colony § Second Amendment to Option and COUNTY OF DENTON § Lease Agreement THIS SECOND 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 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, 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 Second Amendment (hereinafter referred to as the "Second 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 Option to Lease: That Section 1 of the Agreement is amended and shall read as follows: (a) Landlord hereby grants to Tenant the option to lease a portion of the Property consisting of (a) ground/cabinet space of approximately 400 square feet (20' x 20') and (b) space on the structure and such easements as are necessary for the antennas and initial installation as described on attached Exhibit 1 (collectively, "Premises"). 2. Amendment to Agreement. That Section 2 of the Agreement is amended and shall read as follows: "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 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 1 of this Second Amendment; such use includes the right to test, survey and check title on the Property. Landlord's execution of this Second 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." 3. Amendment to Agreement. That Section 4 of the Agreement is amended and shall read as follows: RENT. (a) Commencing on the effective date of this -Second Amendment, Tenant will pay the Landlord a monthly rental payment of Two Thousand Seven Hundred and No/100 Dollars ($2,700.00), plus any applicable tax, to Landlord, at the address set forth in the Agreement, on or before the 5th 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." 4. Miscellaneous Provisions. (a) In the event of an inconsistency between this Second Amendment and the terms of the Agreement, this Second Amendment shall govern. (b) The Agreement shall continue in full force and effect except as amended herein. [The Remainder of this Page Intentionally Left Blank] Page 2 of 5 Second Amendment to Option and Lease Agreement City of The Colony, Texas - AT&T Wireless DX07481FA# 10078018 3122120114:08:53 PM ,~..-~OZ~~` r EXECUTED this day of ~1+~~j: , 2011. Landlord: CITY OF THE COLONY, TEXAS, A Texas home-rule municipality B Gj TrG "well, City Manager ATTEST: rr g f hristi~ Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney EXECUTED this day of 52011. Tenant: NEW CINGULAR WIRELESS PCS, LLC By: AT&T Mobility Corporation It's: Manager By: d Name:Gr~y Holla ay Title: Area Manager - RE&C NTX Network Operations Page 3 of 5 Second Amendment to Option and Lease Agreement City of The Colony, Texas -AT&T Wireless DX07481FA# 10078018 3122120114:08:53 PM STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the f~ day of 2011, by Gregory Holloway, Area Manager RE&C NTX Network Operations, of New'Cingular Wireless PCS, LLC successor in interest to Metroplex Telephone Company a Texas General Partnership d.b.a. AT&T Wireless LLC. Notary Public, Stat of Texas r.~ NOTARY PUBLIC STATE OF TEXAS My ConlOssion Expires 11-932012 STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the f' day of 2011, by Troy C. Powell, City Manager, of the City of The Colony, Texas, a Texas home-rule municipality, on behalf of said municipality. ,i ~pdY'>41 E WENDEHSON LISA CA _ r ° I nay comSSION EXPIRES Notary Public, State of Texas Octotar 1, 2012 Exhibit 1 Depiction of Communication Facility See Attached Page 5 of 5 Second Amendment to Option and Lease Agreement City of The Colony, Texas - AT&T Wireless 3122120114:34:43 PM w m KNt X1 'HDNVaG S6]yi JV3 3NVl M31n ATIVn loaf w • ~S ~XYlfwl'~~s e I " ~.YxO 3Ni JO M1'O.SSirvtl?d N3WlN'. 3HJ NOHl~ N3[O PtlOJ Sll M1'. 03'.iY11.'0] NOlivntl0!M1i 3H1 tl0/ONV C,Y .xYtlG S:Nl :0 35O 2p NOil~CppYd3tl 'S31vl1~JY SL C.w tl3,Yxp 3N x13105 O3000CYd 9 ll "k 0 3N1 !0 4Y3GOHd 3' 'Hl Si Cw 03JNCItlJEOC S S~xYtO S'Nl Q 00 O O W OU ^ W or~rF~ ZO C>N mSF'~ ~i Z N J = - az CJ a°a~ zoomQ ~s3 ~~~m ooc~o~ HVI oboe co v W J W =oTIE w= c4i Z ~OZ a ZtN oow z z V moN N W eYp OHwo o W CL W w J =o~ LLD vi w a w who w ° F m wi-wo s awZ =€o~ ¢ p tiln C) °3~ o z ate. o ¢ ¢ O C: Q U} K O o~ a ¢ Y o° H Q 1= do ~a c~ a = 0000 3p~ ~fa$ e V) ~U U U Eo33 J ~ U !n °c ® W No ~o - ~a~~ w~owm a0 p 0 ~j W 0 cn LLJ T~ - QLn w ~ C X G ac co a x ziI w~ a m m ~ d NN~w' WN~w m p W > :ME V z `1 a N' o z Z J c w= Z O Q atf Z z w o - ~ ~ yWW ow J J ® W t ~ I1 75 V W OC d lttitc.°' F ' h- O~ Y 1 w O w z LL ¢ Y ¢ ~ V 'I~'. 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