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Home My WebLink About2014-200AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A "SECOND AMENDMENT •TOWER/GROUND LEASE AGREEMENT" BY AND BETWEEN THE CITY AS LESSOR, ANDFOR THE LEASE OF TOWER SPACEON THE MCKENNA PARK TOWER .• •S; AUTHORIZING THE EXPENDITURE AND RECEIPT OF FUNDS . AND PROVIDING SECTION 1. The City Manager is hereby authorized to execute a Second Amendment to Tower/Ground Lease Agreement (the "Second Amendment") on behalf of the City of Denton, Texas, as Lessor, with New Cingular Wireless, PCS, LLC., a Delaware Limited Liability Company, as Lessee, for the continued lease of tower space on the McKenna Park Tower and grounds, a copy of which Second Amendment is attached hereto and incorporated by reference herein. SECTION 2. The expenditure and the receipt of funds as provided in the attached Second Amendment are hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the CHRIS WA'r hS, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Market: Central Region / North Texas Cell Site Number: DX6057 Cell Site Name: Scripture / Thomas Fixed Asset Number: 10025474 1 1 1' 1' 1 ' ♦ 1 ' THIS SECOND AMENDMENT TO TOWER/GROUND LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between City of Denton, Texas, a Texas Municipal Corporation, having a mailing address of 215 E. McKinney Street, Denton, Texas 76201, ("Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to AT&T Mobility Texas, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13-F West Tower, Atlanta, GA 30324 ("Lessee"). WHEREAS, Lessor and Lessee (or its predecessor -in -interest) entered into a Tower/Ground Lease Agreement dated June 18, 2002 (the "Tower/Ground Lease") as amended by Amendment No. 1 to Tower/Ground Lease Agreement dated January 6, 2009 (the "First Amendment" and, collectively with the Tower/Ground Lease, the "Agreement"), whereby Lessor leases to Lessee certain Leased Premises, therein described, that are located at 500 Thomas St., Denton, Texas; WHEREAS, Lessor and Lessee desire to amend the Agreement to allow for the installation of additional antennas and equipment; WHEREAS, Lessor and Lessee desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Equipment. Exhibit "A" to the Tower/Ground Lease, as amended by the First Amendment, is deleted in its entirety and replaced with the Revised Exhibit "A" attached hereto and made a part of the Agreement. 2. No Change to Rent. This Amendment will not affect the rent required to be paid under the Agreement. 1 TX -- Form Amendment Ver. 1.7.10 3. Notices. Section 3 "Notices." of the Amendment No. 1 To Tower/Ground Lease Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. If to Lessee: New Cingular Wireless PCS, LLC Attn: AT&T Network Real Estate Administration Re: Cell Site #: DX6057 ; Cell Site Name: Scripture / Thomas (TX) Fixed Asset No: 10025474 575 Morosgo Drive NE Suite 13-F West Tower Atlanta, GA 3032 With the required copy of legal notice sent to Tenant at the address above, a copy to the Legal Department: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site # DX6057; Cell Site Name: Scripture / Thomas (TX) Fixed Asset No.: 10025474 208 S. Akard Street Dallas, Texas, 75202-4206 A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Lessor: City Manager City of Denton, Texas 215 E. McKinney Street Denton, TX 76201 with a copy to: City Attorney City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 and Darrell C. Washington Communications Manager Denton Municipal Electric 901 C Texas Street Denton, TX 76209 2 TX -- Form Amendment Ver. 1.7.10 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. [SIGNATURES APPEAR ON THE NEXT PAGE] 3 TX -- Form Amendment Ver. 1.7.10 IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below. "LESSOR" CITY OF DENTON, TEXAS A Texas Municipal Corporation By; ._ GEORGE C. CA�vl DELL CITY MANAGER Date:" ATTEST: JENNIFER WALTERS, CITY SECRETARY LN *IV1 0 ED ``TO LEGAL FORM: *NIT BURGESS, CITY ATTORNEY B y; "LESSEE" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: anap-er LE Print N itie: Paul S. Baumgardner, III Its. Arca Manage -RE C NTX Network Ops Date: �, ' _ I 1- 4 4 TX -- Form Amendment Ver. 1.7.10 LESSEE ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS I BEFORE ME, the undersigned authority, on this day personally appeared Paul S. Baumgardner, III, Area Manager — RE&C, NTX Network Ops of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said New Cingular Wireless PCS, LLC, and that he executed the same as the act of such Limited Liability Company for the purposes and consideration therein expressed, and in the capacity therein stated. 041j[I GIVEN UNDER MY HAND AND SEAL OF OFFICE, this In day of J , A *4 KATHLEEN META �.„E► (n. i' MY COMMISSION EXPIRES Notary Public: w ;w' February 21, 2018 My Commission Expires: LESSOR ACKNOWLEDGEMENT STATE OF .) COUNTY OF a. On the day of 4JA , 2014 before me, personally appeared who ackrOotErdg�Ile under oath, that he/she is the person/officer named in the within instrument, and that he/she erted same in his/her stated capacity as the voluntary act and deed of the Landlord for the purposes therein ltaincd. N t- ryPobl _. t° M .on�rrrissirrn Expires:. nY ry p-n tV Y C., ,iaS n Expires e e 19 A' 5 TX -- Form Amendment Ver. 1.7.10 REVISED EXHIBIT "A" [attached are the following documents: 1. Legal Description of Facility 2. Tower Elevation 3. Site Plan '. List of Equipment] 6 TX -- Form Amendment Ver. 1.7.10 4.11 4SA to and made a part of that certain Tower/Ground Lease Agreement dated / , 2002, by and lyetween the City of Denton, Texas, Lessor and t Bell Wireless LLC., d/b/a Cingular Wireless, Lessee• Legal Description McKenna Park Camiunication Facility BEING a 0.0791 Acre Tract of Land situated in the City of Denton, and being out of the ROBERT BEALWNT Y, Abstract No. 31, Denton County, Texas, and being part of a coiled 18.0 acre tract of land described to the City of Denton by a warranty deed as recorded in Volume 358, Page 559 of the Deed Records of Denton County, Texas and being more particularly described as follows COMMENCING the Southeast corner of solid City of Denton tract of land now cannanly known as McKenna Park; THENCE North with the west right of way line of Thomas Road for a distance of 459.78 feet to fl corner; THENCE East departing sold west right of way line for a distance of 189.72 feet to a metal corner for the PLACE OF BEGINNING; THENCE North 89 degrees 08 minutes 33 seconds West for a distance of 98.47 foot to metal corner post for corner; THENCE North 00 degrees 51 minutes 27 seconds East for a distance of 35.00 feet for corner; THENCE South 89 degrees 08 minutes 33 seconds East for a distance of 90.47 feet for corner; THENCE South 00 degrees 51 minutes 27 seconds West for a distance of 35.00 feet to PLACE OF BEGINNING and CONTAINING 3446 square feet of land or 0.0701 acre of land. CELL SITE NAME: SCRIPTURE MOMAS EXHIBIT "A" CENTER NUMBER: 4299 SWBW # CELL NO. Pagc 1 of 3 Note: Owner and SRW m9 at SOWS V1161% reP1400 tW Exhibit with an exhibit setting fOlh the %ti degcrlption of the property on which the Site a bated andlor an buill drawiV depicting the Site. uthwestern� Bell Wireless, LLC, la CingularWireless — m m 3� NJA k311VA toot r i p LL M 11(_ 'F UI Jn D�;4 , AYe' ioxx, ['i'i'�16il d Ids fa Site #4299 EXHIBff "A" Attached to and made a part of that certain Tower/Ground Lease Agreement dated _ 2002, by and between the City of Denton, Texas, Lessor and South• m Bell Wireless LLC., d/b/a Cingular Wireless, Lessee. S Y•L°�M? p trcA { � �SAh.#idU"e3 �^P S!iNL'FiSrrFa�'F C r :wP.TV f _- — ... ruv se v+a. ` 6 I s y f �r rr� P4AN. CELL SITE NAME: SCRIPTURE/THOMAS EXIIIBTT "A" CENTER NUMBER: 4299 SWBW # CELL NO. Page 3 of 3 Note. Owner and SBW may, at SM's won, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and/or an as -built drawing &pieting the Me. Southwestern Bell Wireless, LLC, d/b/a Cingalar Wireless «L x H ray?llllVA {,Ih�vj IWI 4; Ir a r Pi � { n it g u c a WE t .r' f � 4, r r . t y P - o c, .� t, ,-, 1, r ----- . . ..... . .... .. .... .1 a W — c a d r 4 i r (w' v � - - - - -- ..- r Y 3 191 "Al � � r ..___. s+ r m n r r