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HomeMy WebLinkAboutRES 2012-079 RESOLUTION NO. 2012-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE FIRST AMENDMENT TO THE TOWER/GROUND LEASE AGREEMENT WITH GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT AND METROPCS TEXAS, 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 March 23, 2006, the City of Grapevine and Grapevine-Colleyville School District (hereinafter referred to as "Landlord") entered into a Tower/Ground Lease Agreement with metroPCS Texas, LLC., a Delaware Limited Liability Company for communications equipment on the Mustang Water Tower; and WHEREAS, the City of Grapevine is in agreement to enter into Amendment #1 to said Tower/Ground Lease Agreement with metroPCS Texas, LLC., a Delaware Limited Liability Company; and WHEREAS, Amendment #1 to the Tower/Ground Lease Agreement for the Mustang Water Tower is attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Manager is hereby authorized to enter into said Amendment #1 to the Tower/Ground Lease Agreement as attached. Section 3. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 4. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of October, 2012. APPROVED: William D. Tate Mayor ATTEST: Jod . Brown City Secretary APPROVED AS TO FORM: C - John F. Boyle, Jr. City Attorney RES. NO. 2012-79 2 EXHIBIT"A"TO RES. NO. 2012-79 Page 1 of 2 AMENDMENT TO GROUND AND TOWER LEASE AGREEMENT This Amendment to Ground and Tower Lease Agreement (the "Amendment") is entered into as of this day of , 2012, by and between The City of Grapevine, Texas, a home rule municipal corporation, incorporated under Article XI, Section 5 of the Constitution of the State of Texas ("Grapevine"), the Grapevine-Colleyville Independent School District ("GCISD"), and metroPCS Texas, LLC, a limited liability company organized and existing under the laws of the state of Delaware, and authorized to do business in Texas ("Tenant"). A. On March 23, 2006, Grapevine, GCISD, and Tenant entered into a Ground and Tower Lease Agreement(the "Lease") for the purpose of constructing, installing, operating, and maintaining a communications facility, all as specified in the Lease. B. Tenant now desires to install additional equipment, including additional antennas, on the Tower situated on the Leased Site, and Tenant has therefore sought the approval of Grapevine and GCISD to these additions. C. Grapevine and GCISD are willing to give their approval of the additions pursuant to this Amendment. In consideration of the foregoing recitals and of the premises and the mutual obligations set forth in this Amendment,the parties agree as follows: 1. Grapevine and GCISD hereby approve Tenant's request to install two microwave dishes, Model ANT2 0.6 28 HP, each with a PT 2010 radio attached (the "Mini- Link"). Exhibit A to this Amendment contains a technical description of the Mini-Link and specifically describes where it will be located on the Tower. 2. Tenant agrees that it will use the Mini-Link for the sole purpose of providing "back-haul" services to Tenant's equipment that is already located on the Tower, as shown on Exhibit B, and that Tenant will not use the Mini-Link to provide any other services or alternate services without the prior written consent of GCISD and City. 3. In consideration for GCISD's and Grapevine's approval of the addition of the Mini-Link to the Tower, the annual payment of Rent Annual Rent to be made by Tenant shall increase by a total of$8,400.00, or $4,200.00 each to GCISD and Grapevine (the "Additional Annual Rent"). The first payment of Additional Annual Rent shall be made on the date this Amendment is fully executed, but will be a pro rata amount based upon the number of days between the date this Amendment is executed and March 23, 2013. By way of example only, if this Amendment is executed on or before August 23, 2012, the pro rata payment of Additional Annual Rent will be equal to seven-twelfths of $8,400.00, or $4,900.00. Additional Annual Rent will be increased at the same time and in the same manner that Rent or Annual Rent is increased pursuant to the Lease. Amendment To Ground And Tower Lease Agreement 1 #399153 EXHIBIT"A"TO RES. NO. 2012-79 Page 2 of 2 4. Paragraphs 8.B. and 8.C. of the Lease are hereby amended to provide that Tenant will provide Grapevine and GCISD copies of the insurance policies required by those paragraphs rather than certificates of insurance evidencing their coverage. 5. Except as expressly amended by this Amendment, the Lease is otherwise unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed to also refer to this Amendment. 6. All capitalized terms used but not defined in this Amendment shall have the same meanings as specified in the Lease. IN WITNESS WHEREOF, Tenant, Grapevine, and GCISD have duly executed this Amendment as of the date first written above. metroPCS, Texas, LLC By: Typed Name: Title: The City of Grapevine By: Typed Name: Title: Grapevine-Colleyville Independent School District By: Type Name: Title: Amendment To Ground And Tower Lease Agreement 2 #399153