14-R-44 - Third Amendment to Tower Lease agreement (Verizon Wireless)RESOLUTION NO. 14 -R -44
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A THIRD AMENDMENT TO TOWER LEASE
AGREEMENT WITH SAN ANTONIO MTA, L.P., D/B /A VERIZON WIRELESS,
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 Third Amendment to Tower
Lease Agreement (the "Amendment ") with San Antonio MTA, L.P. d/b /a Verizon Wireless
( "Verizon "), 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 SHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the attached Amendment with Verizon 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 hereof, which are in conflict or inconsistent with
any provision of the Resolution are hereby repealed to the extent of such conflict, and the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 hereof 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.
PASSED AND ADOPTED, this 27th day of May, 2014.
CITY OF SCHERTZ
Miciffael R. Carpenter, Mayor
ATTEST:
enda Dennis, City Secretary
(CITY SEAL)
Lessee Site: Menlo
Lessor Site: Live Oak WT2
THIRD AMENDMENT TO TOWER LEASE AGREEMENT
THIS THIRD AMENDMENT TO TOWER LEASE AGREEMENT (the "Third Amendment ")
is made and entered into by and between CITY OF SCHERTZ, TEXAS (the "LESSOR"), and SAN ANTONIO
MTA, L.P. DIRIA/ VERIZON WIRELESS (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 March 17,
2009 (the "Agreement"), for the use of a certain portion of the Tower by LESSEE as amended by that
certain First Amendment to Tower Lease Agreement dated April 14, 2009 (the "First Amendment'); and
by that certain Second Amendment to Tower Lease Agreement dated October 1, 2010 (the "Second
Amendment "); 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 effective June 1, 2014 by
$4,214.25 per year, 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:
AGREEMENT
1. Amendment to Section 4. The Annual Rent schedules contained in Section 2 of the
Second Amendment, amending Section 4 of the Agreement, are hereby deleted and replaced with the
following:
1" Emended Term
Annual Rcnt 4% annual increases
May 1, 2014
$
46,405.63
Additional Rent Due for
the period June 1, 2014
through April 30, 2015
( rorated)
$
3,863.06
Mav 1, 2015
$
52,644.68
May 1, 2016
$
54 750.46
May 1, 2017
$
56,940.48
May 1, 2018
1 $
59 218.10
Lessee Site: Menlo
Lessor Site: Live Oak WT2
2nd Extended Tenn
Annual Rent 5% annual increases
May
1, 2019
$
62,179.00
May
1, 2020
$
65,287.96
May
1, 2021
$
68,552.35
May
1, 2022
$
71,979.97
May
1, 2023
$
75,578.97
3rd Extended Term
Annual Rent 5% annual increases
May
1, 2024
$
79,357.92
May
1, 2025
$
8332581
May 1, 2026
$
87,492.10
May
1, 2027
$
9186671
Way
t 2028
$
96,460.04
2. Amendment to Exhibit C -1. Exhibit "C -1" to the Second Amendment is hereby deleted
in its entirety and shall be replaced with the revised Exhibit "C•2° attached hereto and incorporated herein
by this reference.
3. Entire Agreement This Third Amendment, together with the Agreement (as amended by
the First Amendment, Second Amendment and this Third 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.
4. Binding Effect. This Third Amendment will extend to and be binding upon and inure the
benefit of the Parties and their respective successors and permitted assigns.
5. Effect of Third 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 Third Amendment and the Agreement, the First Amendment, and the Second Amendment,
this Third Amendment will control and modify the Agreement, the First Amendment, and the Second
Amendment.
Lessee Site: Menlo
Lessor Site: Live Oak WT2
IN WITNESS WHEREOF, the Parties hereto have caused this Third Apendment to be duly
executed, upon lawful approval and authority, in multiple originals, effective as of A- 2014.
LESSOR: CITY OF SCHERTZ, TEXAS
By:
John C. ftssel, Citylittmager
LESSEE: SAN ANTONIO NITA, L.P.
d/b /a Verizon Wireless
By: Verizon Wireless Texas, LLC, its general partner
By: W" / I
Printed Name: Apama Khurjekar
Its: Area Vice President Network
Date Signed: n • c9a . I Zi
Lessee Site: Menlo
Lessor Site: Live Oak WT2
Exhibit "C -2"
Equipment Modification — Final Configuration
City of Schertz, Texas Properties
SITE APPLICATION FOR EQUIPMENT MODIFICATION
C -2
_ •- -av _
4
4
4
Both
Both
Both
" Antd /CSS I Amcl
AnW /CSS /Antd
AaW /CSS /And
Panel
Panel
Panel
- `.•' ^i . ;' (1)9XA- 70063-6CF1(1)AXP19-
(7)BYA- 70063.6CFI(1)AXP7&
(1)BXA-70063-6CF1(1)AXP79-
b 801(2)MA- 785085.12CF
80 1(2)BXA- 185085 -12CF
801(2)BXA-185085 -12CF
• �c'� r see note below
see note below "I
r see role below
-'
17 lbs. 1281bs.11316x.
171he.128 Ns./ 131bs.
W lb&12816s. 113 lbs.
71.0'x11.2'x52'191.0'x6.7 °x
71.0'xllXx5-V191Vx6.7°
71.0'x 11.Yx5.Y 181.0'z6.T
4.1'/72.4 °x6A'x4X
x4.1° 172A° z 6.1' x 4.1'
x 4.1'/ 72.4' x 8.1' x4.1°
15T
151'
151'
-
151'
761,
151'
Plpe Mount
Pipe Mount
Pipe Akunl
152 lbs. 1182 W. 113.0 lbs.
15.2 lbs. 1182 lbs./ 13.09u.
15.2 lbs. / 18216x. 113.01bs.
30
150
270
_
H.7
YES
YES
YES
- -
746- 756; 1950 -1965;
746-756; 7950-1965;
746-755:1950-1965;
21204136
212x2135
2120 -2135
-
777-787; 7870-7885;
777-787 ;1870 -teas;
777 - 787;187x789$
_ -
1720 -1735
1720 -1735
In0.1735
14.5 dad/
74.5 dBdl
14.5 dad/
r
18.9 del
tax d&
79.9 dBi
c
4 (TOTAL)
d (TOTAL)
4 (TOTAL)
Coax
Caax
Coax
_
t -SIB°
I-ST
151W
6 Weetelt- Antone AWS-TMA- D0.1700 -FB AISG TMAS (e Ibs.79.0' x B.T x 1.9') (2 persec(or)
w0l also be Instated
>f=
"6 Antel BXA- 1eSG65.12CFanteenas(2 per sect or ) to be added ate later dale. LESSEEto
Ideanu i ated structural letter /evalua5on 91 to instalFatbn."
r Yi
aT;'Y fT -a)'' C.. 0007658962
Include the fallowing documentation with your signed application (REQWRED):
14 Acopy of ro arfachrr&a specification shcet for shelter, antennas, amounting hardware, cables and equipment
®A tower and gfound view sketch of the loxv OR
C -2