12-R-07 First Amendment to Tower Lease Agreement with Sprint Spectrum Realty Company, L.P.RESOLUTION NO. 12-R-07
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO
TOWER LEASE AGREEMENT WITH SPRINT SPECTRUM REALTY
COMPANY, L.P., AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, on February 10, 2009, the City of Schertz (the "City") entered into a Tower
Lease Agreement (the "Lease") with Sprint Spectrum, L.P., a Delaware limited partnership and
the predecessor-in-interest to Sprint Spectrum Realty Company, L.P., a Delaware limited
partnership ("Sprint"), relating to telecommunications antennas located on the City's water tank
at 1057 Live Oak Road;
WHEREAS, Sprint has requested that the City amend the Lease to provide Sprint with
the right to use some of the property surrounding the water tank for asix-month period for
construction and installation of additional equipment, to modify the rent schedule, and to adjust
the location of the equipment; and
WHEREAS, the City Council (the "City Council") of the City 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 Sprint; 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 Sprint 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 pwposes 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any provision of this Resolution are hereby repealed to the extent of such conflict, and-the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.
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Section 6. It is officially found, detei7nined, 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.
PASSED AND ADOPTED, this 24'h day of January, 2012.
CITY F CHE T~Z~TEX~AS
~.v~--~
Mayor
AT EST:
I~tlS(1.7a11
City Secretary
(CITY SEAL)
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EXHIBIT A
FIRST AMENDMENT TO TOWER LEASE AGREEMENT
See attached
50448403.2 A- t
Lessee Sile: SA25XC089A Srhertz WT
Lessor Site: Live Oak WT 2
FIRST AMENDMENT TO TOWER LEASE AGREEMENT
THIS FIRST AMENDMENT TO TOWER LEASE AGREEMENT (this "First
Amendment") is between CITY oP SCHERTZ, TEXAS ("Lessor") and Sprint Spectrum Realty
Company, L.P., a Delaware limited partnership and successor-in-interest to SPRINT
SPECTRUM, L.P., a Delaware limited partnership, ("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 Scheltz, Guadalupe County, Texas, on which there is located a watel• tower facility
(the "Tower") owned by LESSOR; and
WHEREAS, LESSOR and LESSEE'S predecessol•-in-interest entered into a Towel• Lease
Agreement dated 10 February, 2009 for the use of a certain portion of the Tower by LESSEE,
(the "Agreement"); 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 rent payments will increase on the earliel• of
March 9th, 2012 01• the commencement of construction (the "Adjustment Date") by $2,325.00
per month ($27,900.00 annualized), making it necessary to amend the Agreement to accurately
state the annual 1•ent 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 ale hereby acknowledged, the
Parties hereto agree as follows:
1. Amendment to Section 2(a). The 1•ent schedule contained in Section 2(a) of the
Agreement is hereby deleted and replaced with the following:
Annual Base Rent- 3°/n annnal increasec
Adjusted Ren[ Due from the Adjustment
Date if prior to March 9, 2012
$ 146.20/da
Lease ear beginning March 9, 2012 $ 54,962.45
Lease year be inning March 9, 2013 $ 56, 611.32
2. Amendment to Section 4. Section 4 of the Agreement is hereby deleted in its
entirety and replaced with the following:
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"The annual rental for the extended terms shall be as follows and shall increase
annually on each March 9 according to the following rent schedule:
1st Extended Term
Annual Base Rent - 4% annual increases
Lease ear beginning March 9, 2014 $ 58,875.77
Lease year beginnin March 9, 2015 $ 61,230.81
Lease year be inning March 9, 2016 $ 63,680.04
Lease ear be innin March 9, 2017 $ 66,227.24
Lease ear beginning March 9, 2018 $ 68,876.33
2nd Extended Term
Annual Base Ren[- 5% annual increasec
Lease ear be inning March 9, 20(9 $ 72,320.14
Lease ear beginning March 9, 2020 $ 75,936.15
Lease year beginnin March 9, 2021 $ 79,732.96
Lease year be inning March 9, 2022 $ 83,719.61
Lease ear beginning March 9, 2023 $ 87,905.59
3rd Exteuded Term
Annual Base Rent - 5% amoral increases
Lease ear beginning March 9, 2024 $ 92,300.87
Lease ear beginnin March 9, 2025 $ 96,915.91
Lease ear be inning March 9, 2026 $101,761.71
Leaser ear beginnin March 9, 2027 $106,849.79
Lease ear be inning March 9, 2028 $112,192.28
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-1" attached hereto and incorporated
herein by this reference.
4. Use of Surroundin Area. LESSEE shall not replace, change, or add any of the
equipment listed on Exhibit "C-1" without LESSOR'S prior written consent. Such consent shall
not be unreasonably conditioned, withheld or delayed. LESSOR grants LESSEE the right to use
such portions of LESSOR'S contiguous, adjoining or surrounding property as described on
Exhibit "A-1" hereto (the "Surrounding Property"), as are reasonably required during
construction and installation of changes at the Communications Facility for a period of six (6)
months beginning on the Adjustment Date.
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5. Entire Agreement. This First Amendment, together with the Agreement, 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.
6. Bindin 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.
7. 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.
8. Count arts. 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.
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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 ~]~ /h _ ~ , 2012
LESSOR: CITY OF SCHERTZ, TEXAS
By:
Jo .Kesel
City Manager
LESSEE: Sprint Spectrum Realty Company, L.P.
a Delaware limited partnership
By: ~ //z
Printed Name: Matthew Bell
Manager Real Estate
Title:
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Exhibit "A-1"
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Exhibit "C-1"
FINAL CONFIGURATION AFTER MODIFICATION
TOWER
Installing on existing antenna mounting frame:
• (3) RFS APXVERRIB-C antenna (1 antenna per sector)
• (9) RFS ACU-A20-N RET (on RFS antenna only - 3 per sector)
• (12) RRUS11 (4 per sector)
• (3) RRU A2 Modules (1 per sector)
• (6) 800 MHz ESMR Filters (2 per sector)
• (6) RFS IBC1900HG-1 Combiners (2 per sector)
• (3) Ericsson slitted conduit lines (1 per sector) with
(5)Ericsson Power cables and (7) Ericsson Fiber Opto Cables
All equipment (except cabinets) will be placed at the existing RAD of 150'
on the existing mount.
GROUND
Adding within existing leased area:
• Ericsson BTS cabinet with a frame base (RBS 6102)
• Ericsson BBS cabinet with a frame base (BBS 6102) and
• Ericsson KRE101 2082/1 GPS
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