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HomeMy WebLinkAboutItem 41 - Tower Lease AgreementITEM #41 RESOLUTION NO. 2023-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE THIRD AMENDMENT TO THE GROUND AND TOWER LEASE AGREEMENT WITH T-MOBILE WEST LLC, FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT INCLUDING ANTENNAS, CABLES AND OTHER COMMUNICATION INSTRUMENTS ON THE MUSTANG WATER TOWER AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 19, 2003, the City of Grapevine (hereinafter referred to as Landlord”) entered into a Ground and Tower Lease Agreement (“Agreement”) with T- MOBILE WEST, LLC (“Lessee”) on the Mustang Water Tower; and WHEREAS, the Landlord and the Lessee entered into Amendment No. 1 on April 28, 2014; and WHEREAS, the Landlord and the Lessee entered into Amendment No. 2, on July 26, 2016, with T-MOBILE WEST, LLC; and WHEREAS, T-MOBILE WEST, LLC desires to install additional antennas and equipment; and WHEREAS, T-MOBILE WEST, LLC is required to provide additional security and insurance as required by Grapevine Colleyville Independent School District; and WHEREAS, T-MOBILE WEST, LLC desires to add, modify and/or replace equipment in order to comply with federal, state and local mandated applications; and WHEREAS, T-MOBILE WEST, LLC desires to extend the term of the lease by 15 years to 2043; and WHEREAS, the City Manager is authorized to execute all documents necessary to complete this transaction; and WHEREAS, all constitutional and statutory prerequisites for the approval of this resolution have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this resolution to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ITEM #41 Resolution No. 2023-023 2 Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City Council of the City of Grapevine approves entering into the third amendment to the Ground and Tower Lease Agreement for the Mustang Water Tower, located at 3051 Ira E. Woods Avenue, with T-Mobile West, LLC. Furthermore, the City authorizes the City Manager to execute all documents necessary to complete this transaction. Section 3. That this resolution shall take effect from and after the date of its passage. Section 4. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and public notice of the time, place and purpose of said meeting was given as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of December, 2023. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney ITEM #41