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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
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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.
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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.
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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~
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