2017-302ORDINANCE NO. 20 1 -30' 2
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, TO EXECUTE CERTAIN AMENDMENTS TO TOWER LEASES WITH
DALLAS MTA, LP, D/B/A VERIZON WIRELESS AND NEW CINGULAR WIRELESS PCS,
LLC, OR THEIR RESPECTIVE SUCCESSORS, AS NEEDED AND WITHIN THE
LIMITATIONS SET OUT HEREIN; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton owns a radio tower located at McKenna Park primarily
for City use ("McKenna Park Tower");
WHEREAS, the City has leased unused space both on the McKenna Park Tower and
ground space adjacent to the same to privately -held wireless communication companies;
WHEREAS, on December 17, 1996, the City entered into a Tower Lease with Dallas
MTA, LP (now d/b/a Verizon Wireless), which allowed Verizon to place wireless facilities both
on the McKenna Park Tower, and on the ground adjacent to the tower ("Verizon Tower Lease");
WHEREAS, the Verizon Tower Lease has been amended four times since 1996
(February 17, 2009, June 27, 2012, December 17, 2013 and May 18, 2016) to allow Verizon the
ability to replace of existing wireless equipment with newer wireless equipment within the
existing leased space;
WHEREAS, on June 18, 2002, the City entered into a Tower/Ground Lease Agreement
with Cingular Wireless PCS, LLC, which allowed Cingular to place wireless facilities both on
the McKenna Park Tower, and on the ground adjacent to the tower ("Cingular Tower/Ground
Lease");
WHEREAS, the Cingular Tower/Ground Lease has been amended three times since 2002
(January 6, 2009, July 15, 2014, and October 18, 2016) to allow Cingular the ability to replace of
existing wireless equipment with newer wireless equipment within the existing leased space;
WHEREAS, both companies have pending amendments with the City to allow each of
them to replace of existing wireless equipment with newer wireless equipment within the
existing leased space;
WHEREAS, the past amendments to both leases have typically only changed the type of
equipment being allowed on the tower or on the ground and have not changed any other terms
and conditions of the respective leases including the term of the lease, the compensation to the
City, the space utilized on the tower or the ground, or the impact on the structural integrity of the
tower;
WHEREAS, provided any future amendment to either tower lease seeks only to change
the type of equipment being used in the leased space and lessee provides evidence satisfactory to
the City that neither the structural integrity of the tower is effected nor the City's use of the tower
is interfered with, it is a best customer service practice and organizationally efficient for the such
amendments to be executed administratively by the City Manager, or his designee;
Page 1
WHEREAS, the City Council finds it is in the public interest for any amendments to
either the Verizon Tower Lease or Cingular Tower/Ground Lease that comply with the criteria
set forth above be executed administratively for the City Manager, or his designee; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is authorized, without further
authority, guidance, or direction from the Council, to execute any amendments to either the
Verizon Tower Lease or the Cingular Tower/Ground Lease that comply with the criteria set forth
above, and is further authorized to carry out the rights and duties of the City under the
amendments.
SECTION 3. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2017.
CHRI, "W`'TS, , YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
Market: Central Region/ North Texas
Cell Site Number: DX6057
Cell Site Name: Scripture /Thomas
Fixed Asset Number: 10025474
THIS FOURTH 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, Atlanta, GA 30324
("Lessee").
WHEREAS, Lessor and Lessee (or its predecessor in interest)entered into a
Tower/Ground Lease Agreement dated June 18, 2002,as amended by Amendment No. 1 to
Tower/Ground Lease Agreement dated January 6, 2009, the Second Amendment to
Tower/Ground Lease Agreement dated July 17, 2014, and the Third Amendment to
Tower/Ground Lease Agreement dated October 18, 2016 (hereinafter, collectively the
"Agreement"), whereby Lessor leases to Lessee certain Leased Premises, therein described, that
are a portion of the property ("Property") that are located at 500 Thomas St., Denton, Texas;
and
WHEREAS, Lessor and Lessee desire to amend the Agreement to allow for the
installation of additional antennas and equipment;
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 Exhibit A-2 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. 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.
4. 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]
2 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.
APPROVED CITY ATTORNEY
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CITY OIDENTON, S
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"LESSOR"
City of Denton, Texas
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Name
Date: ....
"LESSEE"
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
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Print Name: eigh Ann Dodson
Its:Area Mann � ^r 1 E&C NTX Network Ops
Date:' ............_
LESSEE ACKNOWLEDGEMENT
3 TX -- Form Amendment
Ver. 1.7.10
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared Leigh Ann Dodson
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.
2017.
GIVEN UNDER MY IJAND AND SEAL OF OFFICE, this .. clay of.: .. "" .. _._':
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Notary « KATHLEEN EXPRSMYCOMMSSIO My Commission Expires
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LESSOR ACKNOWLEDGEMENT
STATE OF 1 .)
COUNTY OF „ )
O the day of 4 �, 2017 before me, personally appeared
who acknowledged under oath, that he/she is the person/officer named
in the within instrument, and that he/she executed the same in his/her stated capacity as the voluntary act
and deed of the Lessor for the purposes therein contained.
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COMM EXP 12-19-208
«" NOTARY 0 1117650
TX -- Form Amendment
4 Ver. 1.7.10
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attached are the following documents:
1. Legal Description of Facility
2. Tower Elevation
3. Site Plan
4. List of Equipment
TX -- Form Amendment
Ver. 1.7.10
LICµ 11x1 i—C—SOO)I —i() 11 a f th i -1'r -Ont
BEING a 0.0791 Acre Tract of Land' situated in the City, of Denton,
and being out of the ROBERT BEAUWMT SURVEY, Abstract No. 311,
Denton County. Texas, and beings part of a called 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 used Records of Denton
County, Texas and being more particularly described as follows;
COWENCING the Southeast corner of sold City of Denton tract of
land now comnonly known as McKenna Park-,
THENCE North with the west right of way line of Thomas Road for
a distance of 459.78 feet to a corner,
THENCE East departing said west right of way line for a distance
of 189.72 feast to a metal corner for the PLACE OF BEGINNING;
THENCE North 89 degrees 08 minutes 33 seconds West for a distance
of 98.47 feet to metal corner post for corner;
THENCE North 00 degrees 51 minutes 27 seconds East for a distance
of 35.00 feat for corner;
THENCE South 89 degreee 08 minutes 33 seconds East for o distance
of 98.47 feet for corner:
THENCE South 00 degrees 51 minutes 27 seconds West for a distance
of 35.00 feat to PLACE Or BEGINNING and CONTAINING 3446 square
feet of land or 0.0791 acre of land.
TX -- Form Amendment
6 Ver. 1.7.10
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TX -- Form Amendment
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