2010R56-Cingular Wireless Second Amendment to Tower Lease RESOLUTION NO. 10-R-56
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERT~, TEXAS AUTHORISING A SECOlOTD AMENDMENT TO
TOWER LEASE AGREEMENT WITH NEW CINGULAR WIRELESS
PCS, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Schertz (the "City") has
determined that it is in the best interest of the City to enter into a Second Amendment to Tower
Lease Agreement (the "Amendment") with New Cingular Wireless PCS, LLC (successor in
interest to AT&T Mobility Texas, LLC ("Cingular"), relating to telecommunications antennas
and equipment to be placed on the City's water tank at 1057 Live Oak Road; 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 Cingular in the form attached as Exhibit A. The City
Manager may agree to changes to the Amendment which the City Manager, upon the advice of
the City Attorney, determines are insubstantial changes in the nature of clarifying additions or
corrections of clerical errors.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
Section 7. This Resolution shall be in force and effect from and after its final passage
and it is so resolved.
Resolution 10-R-56.doc
PASSED AND ADOPTED, this 21St day of September, 2010.
CIT S ERT TEXAS
~
Mayor
ATTEST: .
City Secretary
(CITY SEAL)
Resolution 10-R-Sb.doc
EXHIBIT A
SECOND AMENDMENT TO TOWER LEASE AGREEMENT
See attached
Resolution ]O-R-Sb.doc A-1
Lessee Site: Elm Rock SX5701
Lessor Site: Live Oak WT 2
SECOND AMENDMENT TO TOWER LEASE AGREEMENT
THIS SECOND AMENDMENT TO TOWER LEASE AGREEMENT (this "Second
Amendment") is between CITY OF SCHERTZ, TEXAS ("Lessor") and NEW CINGULAR
WIRELESS PCS LLC, a Delaware limited liability company, successor in interest to AT&T
MOBILITY TEXAS, LLC ("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
January 27, 2009 for the use of a certain portion of the Tower by LESSEE as amended by a First
Amendment to Tower Lease Agreement dated September 7, 2009 (the Tower Lease Agreement,
as amended by the First Amendment to Tower Lease Agreement, the "Agreement"); and
WHEREAS, LESSEE desires to modify its equipment on the Tower (hereinafter referred
to as the "Modified Equipment") for a final configuration as follows:
• twelve (12) panel antennas,
• eighteen (18) runs of 1 5/8" coaxial cable,
• nine (9) transmitters, and
• three (3) remote radio units;
WHEREAS, as a consequence, LESSEE's monthly rent payments will increase effective
November 7, 2010 by $600.00 per month ($7,200.00 annualized), making it necessary to amend
the Agreement 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:
1. Amendment to Section 2(a). The rent schedule contained in Section 1 of the
Agreement is hereby deleted and replaced with the following:
Ex A - Resol 10-R-56.docx
Annual Base Rent - 3% annual increases
Additional Rent Due November 7, 2010
through March 6, 2011 (pro-rated) $ 2,400.00
March 7, 2011 $ 50,697.54
March 7, 2012 $ 52,218.46
March 7, 2013 $ 53,785.02
2. Amendment to Section 4. Section 2 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 March 7 according to the following rent schedule:
1st Extended Term
Annual Base Rent - 4% annual increases
March 7, 2014 $ 55,936.42
March 7, 2015 $ 58,173.87
March 7, 2016 $ 60,500.83
March 7, 2017 $ 62,920.86
March 7, 2018 $ 65,437.70
2nd Extended Term
Annual Base Rent - 5% annual increases
March 7, 2019 $ 68,709.58
March 7, 2020 $ 72,145.06
March 7, 2021 $ 75,752.31
March 7, 2022 $ 79,539.93
March 7, 2023 $ 83,516.93
3rd Extended Term
Annual Base Rent - 5% annual increases
March 7, 2024 $ 87,692.77
March 7, 2025 $ 92,077.41
March 7, 2026 $ 96,681.28
March 7,2027 $101,515.35
March 7, 2028 $106,591.11
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.
Ex A - Resol 10-R-56.docx
4. Entire Agreement. The Agreement, as amended by this Second Amendment, sets
forth the entire understanding of the Parties as to the subject matter hereof and supersedes all
prior agreements and understandings, whether written or oral, with respect to the subject matter
hereof.
5. Bindin Eg ffect. This Second 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 Second 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 Second Amendment and the Agreement, this Second Amendment
will control and modify the Agreement.
7. Counterparts. This Second 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-56.docx
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be
duly executed, upon lawful approval and authority; in multiple counterparts, each of which shall
constitute an original, effective as of September 21, 2010.
LESSOR: CITY OF SCHERTZ, TEXAS
By:\
Don Taylor
City Manager
LESSEE: NEW CINGULAR WIIZELESS PCS, LLC
a Delaware Limited Liability Company
- successor in interest to AT&T Mobility Texas, LLC
U
- haven Thompson
rea Manager, Construction & Engineer
Ex A - Resol 10-R-56.docx
- Exhibit C
PROPOSED Antenna Equipment Specifications & Frequency Information
Pat t C (Final Confi oration)
Sector 1 Sector 2 Sector 3
Antenna Quantity 4 4 4
Transmit or Receive Dual Pole Dual Pole Dual Pole
Manufacturer 3 ea. Andrew 3 ea. Andrew 3 ea. Andrew
1 ea. Powerwave 1 ea. Powerwave 1 ea. Powerwave
Antenna Type panel panel panel
Model Number (3) DBXNH-6565B-R2M (3) DBXNH-6565B-R2M (3) DBXNH-6565B-R2M
(1) RA21.7752.00 (1) RA21.7752.00 (1) RA21.7752.00
Antenna Weight 3 Andrew antennas @ 541bs. 3 Andrew antennas @ 54 lbs. 3 Andrew antennas @ 541bs.
1 Powerwave @ 39 lbs. 1 Powerwave @ 391bs. 1 Powerwave @ 391bs.
Dimensions 73.4 x 11.9 x 7.1 73.4 x 11.9 x 7.1 73.4 x 11.9 x 7.1
Mount Height 83.11 83.11 83.11
RAD Center AGL (ft) 83' 83' 83'
Mount Type Pole with bracket Pole with bracket Pole with bracket
Radiation Direction 0 120 240
Mount Ring X X X
Handrail
Tower /Tank Top
Tx Frequency 3 @ 1710-2180/698-896 3 @ 1710-2180/698-896 3 @ 1710-2180/698-896
1 @ 869-894/1965-1970 1 @ 869-894/1965-1970 1 @ 869-894/1965-1970
Rx Frequency 3 @ 806-896 / 698-806 3 @ 806-896 / 698-806 3 @ 806-896 / 698-806
1 @ 824-849 / 1865-1870 1 @ 824-849 / 1865-1870 1 @ 824-849 / 1865-1870
Antenna Gain (dB) 3 @ 15.9/18.3 3 @ 15.9/18.3 3 @ 15.9/18.3
1 @12.9/15.9 1 @12.9/15.9 1 @12.9/15.9
Lines 6 lines per sector 6 lines per sector 6 sector
Line Type Foam Foam Foam
Line Diameter 1 1 1
Other Nine (9) TMA's and one (1) Surge Arrestor detail described in Part "F"
Part F RF Transmitter/Am lifter S ecifications
Transmitter 1 RRU (Remote Radio Units)
Manufacturer Andrew 3 per sector Ericsson
Type and Model E15ZO1P13 RRUS-11
Type of Service GSM, UMTS LTE
Weight & Dimensions 22 lbs. each 55 lbs ea; mount is 3.5 lbs.
13"x7.2"x5.5" 18.2x25.Ox6.7
Quanitity per Sector 9 total (3 TMA transmitters per sector 3 total (1 per sector mounted behind the LTE
mounted behind GSM & UMTS antennas) antenna)
Transmit Power 7-30 Vdc 250 Watt
TX/RX PCS Frequency 1930-1990 / 1850-1910 MHz (LTE) Up to 20 MHz
TX/RX Cellular Frequency 869-894 / 824-849 MHz
Electric Service Required 240 mA @ 10-18 V
(Amps/Volts)
Number of Ports 4 6
OTHER: (1) Raycap DC Power Surge Arrestor Model DC6-48-60-18-8F;
Total weight: 31 lbs (system 18.9 lbs.; Mount 12.9 lbs)
Dimensions: 11" x 24"; mount dimensions 9" x 18.5"
to be installed inside existing ground space, will not be mounted on water tank.
Ex A - Resol 10-R-56.docx