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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 T ���,"� EY CITY OIDENTON, S @'� a" "LESSOR" City of Denton, Texas �. Name Date: .... "LESSEE" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation k Its: M 1 1"Ix"� e1 B ��. Y' 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.: .. "" .. _._': rr Notary « KATHLEEN EXPRSMYCOMMSSIO My Commission Expires 1E018 ebrua22ry — ..... 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. PUblk 1��..��hHF R K WALT@:1�lS Clomml. loii Expires COMM EXP 12-19-208 «" NOTARY 0 1117650 TX -- Form Amendment 4 Ver. 1.7.10 IWIMI11:113 M, 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 �Cxwnw" '17ower Elevation N TOWEN, HENHT EOSVING 4�srIT.,NNA'; E10F."IT114C Irt W N%� EmsTm im' SEY SuPPOW 'P(ME rjL N(yrLl., 4),4 P'4('�E TX ®® Form Amendment Ver. 1.7.10 Site Plan E Pl,AN . . ...... ,w:TMT TX -- Form Amendment Ver. 1.7.10 . ... ..... ............ . ........... - ---------- . x ........... . . . x . . ...... svue man Fl, r XTHEM 10 In �,nvw . . . ......... X .... . . . ..... ... . ...... A d 190 as 11,61, rl',ij 1� Ili1;1 f YS . ............. . ............. . . x E Pl,AN . . ...... ,w:TMT TX -- Form Amendment Ver. 1.7.10 List gat" Milk-Ille"ll TX -- Form Amendment Ver. 1.7.10 .. .. .. . . . ...... . . RAD AZIMUTH MOUNT TYPE ANTENNAS TMAS . . . ............ . . . f kvp, 12 DIPLEXERP RRUs itS (,3)RRus-52juTr'5cz1oo) ... ...... . ...... RRU LOCATION Nl . . -1 - -- .... .......... . . I ADD'L -- . ...... cc&,% -6G - EQUIPMENT cc.60-13-sc CGAX CABLES d) TX -- Form Amendment Ver. 1.7.10