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2013-346ORDINANCE NO. 2013 -346 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO TOWER LEASE, BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DALLAS MTA, L.P. D /B /A VERIZON WIRELESS RESPECTING CERTAIN TOWER SPACE ON THE MCKENNA PARK TOWER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is of the opinion that the Third Amendment, by amending the prior agreements to include more modern technological equipment to be attached to said Tower, at an additional cost to Dallas MTA, L.P. is in the best interests of the City and provides a valid governmental purpose that is served by said Third Amendment; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and factual statements contained in the Preamble of this ordinance are true and correct and are deemed to be a part of this Ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute a "Amendment No. 3 to Tower Lease" by and between the City of Denton, Texas and Dallas MTA, L.P. d/b /a Verizon Wireless" respecting certain tower space on the McKenna Park Tower, is hereby approved; such further amendment being in substantially the form of the Amendment No. 3 which is attached hereto and made a part of this ordinance for all purposes. SECTION 3. The City Manager, or his designee, is hereby authorized to expend funds as necessary as provided for in said Amendment No. 3 and to exercise any and all rights and duties of the City of Denton under the said Amendment No. 3. SECTION 4. This ordinance is effective immediately upon Council approval. PASSED AND APPROVED this the day ofr.1 MARK A. BURR0iJ614S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By:� 1 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 WHEREAS, Lessor and Lessee entered into that certain Tower Lease da0V December 17, 1996 (the "Lease"), as amended by Amendment No. I dated as of February 1 2009 (the "First Amendment"), as amended by Amendment No. 2 dated as of June 27, 201 1 whereby Lessor leased to Lessee certain tower space upon the McKenna Park Tower - described herein (collectively, the "Agreement"); I WHEREAS, Lessor and Lessee desire to further amend the Agreement to modify install equipment at the McKenna Park Twer site, as set frth in Exhibit "B-3" attach heret and o o ed I NOW, THEREFORE, in consideration of the foregoing premises and other good I valuab consi de o p le ratin, the receit an d o b o sufficiency f which is herey acknwledged pa , the rti hereto agree as follows: I . Equipment. Exhibit "B-2" to the Agreement is hereby deleted in its entirety, and replaced with Exhibit "B-3" attached hereto reflecting a complete list of equipment installed or to be installed at the McKenna Park Tower site. Exhibit "B-3" is an integral part of this Third Amendment. 3. Conflicts. Except as hereby amended, all other provisions of the Agreement will remain in full force and effect as originally written and the Agreement is hereby confirmed as to all provisions contained therein. In the event of any conflict between the terms of this Thir(4i Amendment and the terms of the Agreement, this Third Amendment shall control. &I [in g rod Im ago 0 McKenna Park IN WITNESS WHEREOF, Lessor and Lessee have executed this Third Amendment as of the respective dates set forth below. 1' City of Denton, Texas, A Texas Municipal Corporation By. LL �w Name: :ieor e � Campbell �rll( ' �. Date: C.1..,,'..._._ ATTEST: JENNIFER WALTERS, CITY SECRETARY: I" P R O I ATAS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY / 1 By: ti LESSEE: Dallas MTA, L.P. d/b /a Verizon Wireless By: Verizon Wireless Texas, LLC, its general partner parwi,11njrnscdeiit C'11` Area Vice I'r° Network Date: 2 McKLnna Park Fxlloibk "1E1-3" IMIU-01ww" Lessee shall be permitted to have the following equipment on the tower r site: Antennas: Three (3) BXA-171063-12CF antennas at the 150-foot centerline Three (3) X7C-665-6i antennas at the 150-foot centerline Three (3) BXA- I 85085/12CF antennas at the 150-foot centerline �=F M III KIN I I MINIM I I Ip III !I' IT1111''JI, *Asset forth more fully in that certain Amendment No. 1 dated as of February 17, 2009. 0