2010R68 - Verizon Wireless 2nd AmendmentRESOLUTION NO. 10-R-6$
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A SECOND ANIENDNIENT TO
TOWER LEASE AGREEMENT WITH SAN ANTONIO VITA, L.P., DIBIA
VERIZON WIRELESS, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City Council {the "City Council") of the City of Sehertz {tlie "City") has
determined that it is in the best interest of the City to eater into a Second Amendment to Tower
Lease Agleelnelat (the "Aulenclinent"} with San Antonia MTA, L.P., d/b/a Verizan Wireless
("Verizars"), relating to telecoinmunicakions antennas and equipinelrt to be placed on tl~e 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 I. The City Council hereby autl~ol-izes tl~e City Manager to execute anti
deliver the attached Amendment with Verizon in the form attached as Exhibit A. The City
Manager may agree to changes to the Amendment ~vhich the City Manager, upon the advice of
the City Attorney, determines are insubstantial changes in the nature of clarifying additions or
cor•1•eckions 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 far all purposes and are adopted as a
pal•t of the judgment and findings of tl~e City Coulicil.
Section 3. All resolutions, or parts khereof, which al•e iu conflict or inconsis#ent 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 cnl~strued 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, deterla~ined, and declared that tl~e meeting at which
this Resolution is adopted vas 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 Goveriunent Code, as amended.
Section 7. Tliis Resolution shall be in force and effect fl-oln and aftel• its final passage
and it is so resolved.
50331927
PASSED AND ADOPTED, this 2"`~ clay of Nove~~~ber, 20
CITY OF SClHERT
ATTEST:
~_
C
city s~o~er~ry
(CITY SEAL)
50331927.1
EXHIBIT A
SECOND A11'IEND\~IENT TO TOWER LEASE AGREEMENT
See aftac~~ed
50331927.1 A-
Lessee Site: ~~~lenlo 20-1938A
Lessor Site: Li~~c O~rtt ~V'r2
SECOND AMENDMENT TO TOtVER LEASE AGREEII~IENT
THIS SECOND AMENDMENT TO TOV4TER LEASE AGREEMENT (tire "Seeancl
Anteladnlent") is made anti entered into by and between C1T7' of SCHERTZ, TEaAS (tire "LESSOR") and
SAN ANTONIO \~ITA, L.P. b/BIAI VERIZl7N ~V1REI.ESS, (the "LESSEE"j {collectively referred to as the
ssPal't1E5").
RECITALS
WHEREAS, LESSOR is the owner of certaitr real praperty located at 1057 Live Oak Rd. in the
City of Sclrertz, Guadalupe County, Texas, on evhich there is lacated a Evater tower facility (the "To`ver")
owned by LESSOR; and
WHEREAS, LESSOR and LESSEE entered into a Tower Lease Agreelnerrt elated A~larelr 17,
2009 (tire "Agr•eenrent") for the use of a certain portiotr of the Tower by LESSEE as amended by that
certain Fitst Anre-rdnrerrt to Tower Lease Agreement dated April 14, 2009; and
~~jHEREAS, LESSEE desires to modify its equipment on the Tower (hereinafter referred to as the
"`~Iodilied Egtlipar~eut"); and
«'HEREAS, LESSEE is occupying space at the tank top and as a consequence, owes track rent as
described in Exhibit "D" of the Agreelrrent ;and
11THEREAS, LESSEE is owed a rent credit for a discrepancy itr calculating additional ground
space; and
WHEREAS, as a result of rent owed by LESSEE to LESSOR and credit due to LESSEE by
LESSOR, LESSEE owes LESSOR a balance in the amount of Six Thousand Four Hundred Eighty Six
and 351100 Dollars ($0,486.35) in back rent (the "Back Rent");
I`IOW THEREFORE, itr consideration of the foregoing promises and far other goad acrd valuable
corrsideratio-r, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as
folla~vs:
AGREEMENT
1. Amendment to Section 2(a). The Annual Rent schedule contai~rcd in Section 2(a) of the
Agreement is hereby deleted and replaced with the following:
Ancural Base Rent -- 3% atrlrual increases
May 1, 2009 $39,645.00
Ma !, 2010 $40,831.35
Ma 1, 201 ! $42,059.38
May 1, 2012 $43,321. ! 6
Ma 1, 2013 544,620.80
50331925.2
Lessee Site: \Ieuto 20-193SA
Lessor Site: Live O~t< \}r"L2
LESSOR atfd LESSEE aekuotvledge and agree that the Additional Rent payment representing
the Back Rent ovveci to LESSOR will be paid not later than thirty (30} days after the date of
execution of this Anrendn~ent by the parties.
2. AmendmeE~t to Section 4. The Annual Rent schedules contained in Sectio-r 4 of the
Agreement are hereby deleted and replaced with the follolving:
l s` Extended Term -E~inual Rent 4% annual increases
flay 1, 2014 $46,405.63
Ma 1, 2015 $48,261.85
May 1, 2016 SS0,192.33
Ma 1, 2017 552,200.02
May 1, 2018 554,288.02
2"`~ Extended Term -AnncEal Rent - 5% annual increases
Ma l , 2019 557,002.42
May 1, 2020 $59,452.54
May 1, 2021 562,845. [7
May 1, 2022 565,987.43
May 1, 2023 569,286.50
3"~ Extended Tei7rr -Annual Re~~t -- 5% atn~ual increases
May 1, 2024 $72,751.14
lblay 1, 2025 $76,388.70
May 1, 2026 $80,208.13
Ma 1, 2027 $84,218.54
May 1, 2028 $88,429.47
3. Aa~re~idment to Exhibit C. Exhibit "C" to tl~e Agreeme~it is hereby deleted in its entirety
and shall be replaced with the revised Exhibit "C-1" attached hereto and incorporated herein by this
referearee to account far the Modil"ied Equipnie~~t.
4. Entire A~-•een~enE. `t'his Second Ame~~dment, together with tlae Agreement (as ame~aded
by the 1~irst Aniend~i~ent and this Second Amendment}, sets forth the entire understanding of the Parties
and supersedes all pf`ior agreements and undcrstandi3~gs, whether written ar aral, with respect to the
subject matter hereof.
5. Bindi~i~ Effect. This Second Amendment will cxtenci to acid be l~incling upon and i~~uz'e
the benefit of the Parties and their respective successors a~~d permitted assigns.
6. Effect of Seco~~d Amendment. Tl~e Parties agree, that except as nladif ed hereby, the
Agreement remains valid, binding, and in hall force acct effect. if there is a conflict o-' i~iconsistency
between this Seco~~d AmendmeE~t and tl~e Agreement, this Second Ainend~uetit will control a~~d modify
the Agreement.
>0331925.2
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Lessee Site: i•~lenlo 20-1938A
Lesso~• Site: Live Oak \VT2
Exhibit "G1"
50333925.2
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