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Home My WebLink AboutRES 1999-025 RESOLUTION NO. 99-z5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING A TOWERIGR{3UND LEASE AGREEMENT WITH AT&T WIRELESS SERVICES FC}R THE INSTfiJ1Al10N 4F ADDITI{�NAI.. C4MMU N[CAT]ONS EG2UIPMENT; FOR THE ADJU�TMENT OF THE RENTAL FEES AS Nt�TED IN EXH161T "A" AND PR4VIDING AN EFFECTIVE DATE. 1NHEREAS, Qn July 2, 1996 the City af Grapevine {hereirtafter referred to as "Landlord") entered into a Tower/Ground Lease Agreement with Metroplex Telephone Company, a Texas general partnership, dlbla AT&T Wireless Services {hereinafter referred ta as "Tenant"); and WHEREAS, the Landlord and the Tenant desire to make amendments to said TowerlGraund �ease Agreement thraugh the ins#allation af additional equipment and adjustment in rental fees; and WHEREAS, the terms of the amendment are attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS; Sectian 1, That all matters stated in the preamble are found ta be true and correct and are included herein as if copied in their entirety. Section 2. That the City Manager is hereby authorized to enter into said TawerlGraund �ease Agreement Amendment as attached as Exhibit "A". Sectian 3. That this resalutian shall become effective from and after its date of passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS an this the 4th day of May, 1999. APPROVED: . , ��5�»,�� William D. Tate Mayor " ATTEST: � u� � �� Linda Huff �� City Secretary APPROVED AS TO FORM: Jahn F. Boyle, .�r. City Attorney ,�:N� RES. No. s9-2� 2 - > � � �xy�3�T� TO �� _ Pa�e pf � CELL SITE I.D.: 274 FIl2ST AMENDMENT TO LEASE AGREEMENT ttt � THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") dated as of the date below, by and between CITY OF GRAPEVINE, a Texas municipal corporation, with a business address of 200 S. Main, P.O. Box 95104, Grapevine, TX 76099 (hereinafter referred to as "Landlord") and METROPLEX TELEPHONE COMPANY, a Texas general partnership, d/b/a AT&T WIRELESS SERVICES, having an office at 17300 N. Dallas Park�vay, Suite 1000, Dallas, Texas 75248 (hereinafter referred to as"Tenant"). WHEREAS, Landlord and Tenant entered into a Tower/Ground Lease Agreement (the "Lease") dated July 2, 1996;and WHEREAS, Landlord and Tenant desire to amend the Lease to (1) allow for the additional installation of antennas and other communications instruments and (2) modify the rent in conjunction with the additional antennas; and WHEREAS, all capitalized terms not herein defined shall have the same definitions as in the Lease; and WHEREAS, Landlord and Tenant, in their mutual interests,wish to amend the Lease as set forth below accordingly. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Landlord and Tenant > . hereby agree as follo�vs: 1. The Lease is hereby amended to allow Tenant to add an additional number of antennas or other equipment on the water tower to facilitate Tenant's transmission of communications ("Additional Equipment"), subject to the Landlord's review and approval of the plans for the Additional Equipment. Landlord must notify Tenant of its approval or disapproval of any such plans for the Additional Equipment within ten (10)days after the submission of such plans by Tenant, and such approval shall not be unreasonab(y withheld or delayed. The Additional Equipment's use of space on the water tower, its location and orientation are set forth on the attached Exhibit A (any sketch in Exhibit A may not be to scale and therefore is not intended to be used for measurement purposes). Landlord shall be notified in writing about any scheduled construction times for the Additional Equipment. 2. Tenant agrees to pay the Landlord as Additional Rent tlie following Rent per month for Tenant's Additional Equipment: Aclditional Rent Schedule Rent Amount y From installation thru 10/31/O1 $400/month 11/Ol/O1 thru 10/31/06 $460hnonth 11/O1/06 thru 10/31/11 $529/month 11/O1/11 thru 10/31/16 $608.35/month :�x,,. � 11/O1/16 thru 10/31/2l $699.60/month � \lCa-fs20-da�Users\SBAUERSICDRNE\WORDVIMENDS\Fized Amendmenlsl3rd Phase�2743 amend.doc 1 EXHIBIT� TO � �`�°� � Pa�e = Of �_�_._ Said Additional Rent shall be paid subsequent to Landlord's approval of Tenant's Additional Equipment } , on the water tower. In the event the Additional Equipment is removed by Tenant, the Additional Rent due will cease upon Tenant giving the Landlord thirty (30) days' prior written notice and removing said Additiona( Equipment within the 30-day period of time and restore the Premises to substantially the "' ' condition of the Premises immediately prior to construction of the Additional Equipment, reasonable wear and tear and insured casualty excepted. 3. Landlord agrees to cooperate and hereby spe6ifically authorizes Tenant to prepare ; execute and file all necessary or appropriate apptications to obtain any Governmental Approvals for its amended use under this Amendment. 4. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall take precedence. The installation, construction and maintenance of the Additional Equipment shall be subject to the terms of the Lease, except as otherwise provided herein. 5. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, remains in full force and effect, and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. IN WITNESS WHEREOF,the parties have caused their properly authorized representatives to execute and seal this Amendment on this !� day of_��/ , 1999. LANDLORD: CITY OF GRAPE\/iNE Attested: �^ BY: . ` Ccc., � NAME: ,�cL4� iI��GSo�/ City Secretary ITS: G .� iG7i�i�/�cE��-�/� Approved orm: j . � . C ey TENANT: METROPLEX TELEPHONE COMPANY, d/b/a AT&T WIRELESS SERVICES By: Dallas Cellular Telephone Company, L.P., Managing General Partner By: McCa«� Communications of Gainesville, TX, Inc., General Partner . BY: � Ben Bredow, System Development Manager sP;^-�:�..g 11Ca-fs20-dallUserslSBAUERSICDRIVEIWORDVIMENDS1Faed Amendmentsl3rd Phase�2743 amend.doc 2 EXH191f� TO �� - ��. Pap� s..�_ of s.�_ �.�a STATE OF TEXAS § �� § COUNTY OF § �.»,� On the_day of /L Q , 1999,before me personally appeared ��E� !(��Z�� , in his/her capacity as Cy/7'C ��/,�-�,�_ of CITY OF GRAPEVINE, a Texas municipal corporation, being duly sv orn on his/her/their oath, deposed and made proof to my satisfaction that: (a) he/she is the proper person authorized to sign, seal and deliver the attached document as_ �y��Tj /.��'��,� of CITY OF GRAPEVINE,a Texas municipal corporation; ��j �/�t�,�}.�CVii(,�� (B) this document was signed and delivered by the � as i s vo untary act and deed by virtue of authority from its Board of Directors. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxixxxxxa��e�•e�az X ,��e''+'Oe<,�� CHARLY BERRY � � x z +a NOTARY PUBUC - TEXAS � (S� . �; MY COMMISSION EXPIRES � Notary Public in and for t State of X k'�TE-�F��t' JULY 17. 1999 i X ; My Commission Expires: f i7_�,r� 1t��11X1litidtitltllAt��t1t11kittt�t�t�tr•,,�:.:.xYyrzxxxxxxxxxxr x� THE STATE OF TEXAS § COUNTY OF DALLAS § � ° This instrument was acknowledged before me on �s�--� Zo�'" , 1999, by Ben Bredow, System Development Manager of McCaw Communications of Gainesville, TX, Inc., a Delaware � « corporation, on behalf of said corporation as general partner of Dallas Cellular Telephone Company,L.P., as managing partner of Metroplex Telephone Company,d/b/a AT&T Wireless Services. L��-C� �� Notary Public in and for the State of Texas My Cornmission Expires i � � zoo� �p.b::..:.:,•. .. . . ..:,,.. ip �' �dNC)7:��Y h>BLIC � ;�!`�3FE3 t�7'9X83 �'�'af Comrtr.Eatp,Ot ',,�t Z�Og �.� � 11Ca-ts20-tlallUsers\SBAUERS\CDRIVE\WORDIAMENDS�Faed Amendmenlsl3rd Phase�2743 amend.doc 3