Loading...
2010R35 - Clear Wireless LLC AmendmentRESOLUTION NO. 10-R-35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO TOWER LEASE AGREEMENT WITH CLEAR WIRELESS LLC, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council") of the City of Schertz (the "City") entered into a City of Schertz Tower Lease Agreement (the "Lease Agreement") with Clear Wireless LLC ("Clear Wireless"), relating to telecommunications antennas to be placed on the City's water tank at 1057 Live Oak Road (the "Water Tank") on June 16, 2009; WHEREAS, Clear Wireless desires to add additional equipment, consisting of one microwave dish and three transmitters, to the Water Tank, which requires that the Lease Agreement be amended by the City and Clear Wireless; WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a First Amendment to Tower Lease Agreement (the "Amendment") with Clear Wireless; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the attached Amendment with Clear Wireless in the form attached as Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Resolution ]0-R-35.doc Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank.) Resolution ]0-R-35.doc PASSED AND ADOPTED, this 6th day of July, 2010. CITY CHE ,TEXAS Mayor ST: ^1"'~ City Secretary (CITY SEAL) Resolution ] 0-R-35.doc EXHIBIT A FIRST AMENDMENT TO TOWER LEASE AGREEMENT See attached Resolution 10-R-35.doc A-1 Lessee Site: TX-SAN187 Lessor Site: Live Oak WT 2 FIRST AMENDMENT TO TOWER LEASE AGREEMENT THIS FIRST AMENDMENT TO TOWER LEASE AGREEMENT (the "First Amendment") is made and entered into by and between CITY OF SCHERTZ, TEXAS (the "LESSOR") and Clear Wireless LLC, a Nevada limited liability company (the "LESSEE") (collectively referred to as the "Parties"). RECITALS WHEREAS, LESSOR is the owner of certain real property located at 1057 Live Oak Rd. in the City of Schertz, Guadalupe County, Texas, on which there is located a water tower facility (the "Tower") owned by LESSOR; and WHEREAS, LESSOR and LESSEE entered into a Tower Lease Agreement dated June 16, 2009 (the "Agreement") for the use of a certain portion of the Tower by LESSEE; and WHEREAS, LESSEE desires to modify its equipment on the Tower (hereinafter referred to as the "Modified Equipment"); and WHEREAS, as a consequence, LESSEE's monthly rent payments will increase effective September 23, 2010 by $475.00 per month ($5,700.00 annualized); and WHEREAS, it was necessary to amend the Agreement to authorize the Modified Equipment and to accurately state the annual rent payments for the remaining initial term and extended terms of the Agreement; NOW THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: AGREEMENT 1. Amendment to Section 2(a). The rent schedule contained in Section 2(a) of the Agreement is hereby deleted and replaced with the following: Initial Term Annual Base Rent - 3% annual increases September 23, 2010 $ 30,111.00 September 23, 2011 $ 31,014.33 September 23, 2012 $ 31,944.76 September 23, 2013 $ 32,903.10 Ex A Resol 10-R-35.doc 2. Amendment to Section 4. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following: "The annual rental for the extended terms shall be as follows and shall increase annually on each September 23rd according to the following rent schedule: 15f Extended Term Annual Base Rent - 4% annual increases September 23, 2014 $ 34,219.23 September 23, 2015 $ 35,588.00 September 23, 2016 $ 37,011.52 September 23, 2017 $ 38,491.98 September 23, 2018 $ 40,031.66 2"d Extended Term Annual Base Rent - 5% annual increases September 23, 2019 $ 42,033.24 September 23, 2020 $ 44,134.90 September 23, 2021 $ 46,341.65 September 23, 2022 $ 48,658.73 September 23, 2023 $ 51,091.66 3`d Extended Term Annual Base Rent - 5% annual increases September 23, 2024 $ 53,646.25 September 23, 2025 $ 56,328.56 September 23, 2026 $ 59,144.99 September 23, 2027 $ 62,102.24 September 23, 2028 $ 65,207.35 The annual rental for the extended terms shall be payable in the same manner as the annual rental for the Initial Term provided for in the Agreement." 3. Amendment to Exhibit C. Exhibit "C" to the Agreement is hereby deleted in its entirety and shall be replaced with the revised Exhibit "C" attached hereto and incorporated herein by this reference. 4. Entire Agreement. This First Amendment, together with the Agreement (as amended by this First Amendment), sets forth the entire understanding of the Parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter hereof. Ex A Resol 10-R-35.doc 2 5. Binding_ Effect. This First Amendment will extend to and be binding upon and inure the benefit of the Parties and their respective successors and permitted assigns. 6. Effect of First Amendment. The Parties agree, that except as modified hereby, the Agreement remains valid, binding, and in full force and effect. If there is a conflict or inconsistency between this First Amendment and the Agreement, this First Amendment will control and modify the Agreement. 7. Counterparts. This First Amendment may be executed in any number of counterparts, including, without limitation, facsimile counterparts, with the same effect as if the Parties had signed the same documents, and all counterparts will constitute one and the same agreement. Signatures appear on the following page. Ex A Resol 10-R-35.doc 3 Exhibit "C" Equipment Modification -Final Configuration Part C Antenna Equipment Specifications & Frequency Information :Sector 1 Sector 2 Sector 3 Additional Antenna Quantit 1 1 1 2 MW Transmit or Receive Tx/Rx Tx/Rx Tx/Rx Tx1Rx Manufacturer Angus Angus Angus Andrew Antenna T e Panel wBTS Panel wBTS Panel wBTS Dish w/ODU Model Number LLPX310R LLPX310R LLPX310R VHLP2-18 Antenna Weight 881bs with 2 BTS 881bs with 2 BTS 881bs with 2 BTS 371bs Dimensions 42"xl2"x5" 42"x12"x5" 42"xl2"x5" 26" Mount hei ht 81' 81' 81' 81' RAD Center AGL (ft) 81' 81' 81' 81' Mount T e Pipe Mount Pi e Mount Pipe Mount Pipe Mount Radiation Direction 345 105 225 259/215 Towe NA NA NA NA Cat Walk NA NA NA NA handrail x x x x Tower /Tank To NA NA NA NA Tx Frequency 2500-2686MHz 2500-2686MHz 2500-2686MHz 17500- 19700MHz Rx Frequency 2500-2686MHz 2500-2686MHz 2500-2686MHz 17500- 19700MHz Antenna Gain (dB) 17dBi 17dBi ~ 17dBi 17dBi Lines er Antenna 4 4 4 3 Line Type (2)Fiber & (2)Power (2)Fiber & (2 Power (2)Fiber & (2)Power (4) CATS (2 Coax Line Diameter (2) '/" & (2) 3/8" (2) '/" & (2) 3/,8" (2) '/" & (2) 3/8" (4) %" (2) 'h" (2) Transmitter 1 (2) Transmitter 2 (2) Transmitter 3 Manufacturer Motorola Motorola Motorola T e and Model DAP Vx DAP Vx DAP Vx T e of Service WiMax WiMax WiMax Transmit Power watts watts `watts Transmit Fre uency MHz MHz 1VIHz Receive Fre uenc MHz ` 1VIHz N1Hz ERP 450 : watts 450 watts 450 watts Electric Service Required (Am s/Volts) 240 VAC 240 VAC 240 VAC Combiner Number of Ports Ex A Resol 10-R-35.doc IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed, upon lawful approval and authority, in multiple counterparts, each of which shall constitute an original, effective as of July 6, 2010. LESSOR: CITY OF SCHERTZ, TEXAS sy: I` ~ Don Taylor, City Manager LESSEE: CLEAR WIRELESS LLC, a Nevada limited liability company By: ~l ` Printed Name: BRIAN KING DIRECTOR-TECHNICAL OPERATIONS Its: Date: '7- 27-1r~ Ex A Resol 10-R-35.doc 4