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'
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*Asset forth more fully in that certain Amendment No. 1 dated as of February 17, 2009.
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