13-R-74 - 2nd Amendment to Tower Lease AgreementRESOLUTION NO. 13-R-74
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, ThaXAS AUTHORIZING A SECOND AMENDMENT TO
TOWER LIt1ASE AGRE1taMENT WITH CLEAR WIRELESS LLC, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, on June 16, 2009, the City of Schertz {the "City"} entered into a Tower
Lease Agreement (the "Lease Agreement"} with Clear Wireless LLC, a Nevada limited liability
company ("Clear Wireless"), relating to telecommunications antennas located on the City's
water tank at 1057 Live Oak Road (the "Water Tank");
WHEREAS, on July 6, 2010, the Lease Agreement was amended (the "First
Amendment"} to modify the equipment permitted on the Water Tank and to modify the rent
schedule;
WHEREAS, Clear Wireless desires to modify and replace its equipment on the Water
Tank, which requixes that the Lease Agreement be amended by the City and Clear Wireless;
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 Second 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. The
City Manager may agree to changes to the Amendment which the City Manager, upon the advice
of the City Atta~ney, determines are insubstantial changes in the nature of clarifying additions or
coi7ections 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
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
SObDl921.1
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 17th day of September, 2013.
CITY XAS
Mayor Michael R. Carpenter
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50601421.1
EXHIBIT A
SECOND AMENDMENT TO TOWER LEASE AGREEMENT
[See Attached]
so6oi9zi. i A-1
Lessee Site: TX-SANi87
Lessor Sitc: Live Oak W7' 2
SECOND AMENDMENT TO TOWER LEASE AGREEMENT
THIS SECOND AMENDMENT TO TOWER LEASE AGREEMENT (the "Second
Amendment"} is made and entered into by and between C1Ty OF ScA11RTZ, T~xns {the
"LESSOR") and Clear Wireless LLC, a Nevada limited liability company (the "LESSEE"}
(collectively refen~ed to as the "Parties"}. ,
RECITALS
WHEREAS, LESSOR is the owner of certain real propezty located at 1057 Live Oak Rd.
in the City of Schertz, Guadalupe County, Texas, on which there is located a water tov-+er facility
(the "Tower") owned by LESSOR; and
WHEREAS, LESSOR and LESSEE entered into a Tower Lease Agreement dated June
16, 2009 for the use of a certain portion of the Tower by LESSEE as amended by that certain
First Amendment (the "Tirst Amendment"} to Tower Lease Agreement dated July 6, 2010 (as
amended, the "Agreement"); and
WHEREAS, LESSEE desires to modify and replace its equipment] on the Tower
(heretnafter referred to as the "Modified Equipment"; and
I
WHEREAS, as a consequence, LESSEE'S rent payments will increase effective
P ~ Y_ gh xty Dollars_and 11/~
annuali ed fiomOhe rate for~the term. start ag on September 23, 2013 that was~00 ($3,860.11)
set forth in the
First Amendment; and
WHEREAS, LESSOR and LESSEE in their mutual iratexest wish' to amend the
Agreement as set forth below.
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 ljereto 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
Se tember 23, 2Q13 $ 36,763.21
2. Amendment to Section 4. Section 4 of the Agreement is hereby deleted in its
entirety and replaced with the following:
sa~76so7.z
"The annual rental far the extended terms shall be as follows and shall increase
annually on each September 23`d according to the following rent schedule;
]g' Extended Term
Annual Base Rent - 4%annua] increases
Se tember 23, 2014 $ 38,233.74
Se tember 23, 2015 $ 39 763.09
Se tember 23, 2016 $ 41,353.62
Se tember 23, 2017 $ 43,007.76
Se tember 23, 2018 $ 44,728.07
2°a Extended 'term
Annual Base Rent - S% annua] increases
Se tember 23, 2019 $ 46,964.47
Se tember 23, 2020 $ 49,312.70
Se tember 23, 2021 $ 51,778.33
September 23, 2022 $ 54,367.25
Se tember 23, 2023 $ 57,085.61
3`a Extended Term
Annual Base Rent - 5% annual increases
Se tember23, 2024 .$,59,939.89
Se tember 23, 2025 $ 62,436.89
Se tember 23, 2026 $ 66,083.73
Se tember 23, 2027 $ 69,387.92
Se tember 23, 2028 $ 72,857.31
r
The annual rental far the extended terms shall be payable in the same rrianner as
the annual rental for the Initial Term provided for in the Agreement."
3. Amendment to Exhibit C. Exhibit "C" to the First Amendment o£ 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. The original Tower Lease Agreement, as amended by the First
Amendment and this Second Amendment, sets forth the entu~e understanding of the Parties and
supersedes alI prior agreements and understandings, whether written or oral, with respect to the
subject matter hereof.
S. Bindin Effect. This Second Amendment will extend to and be binding upon and
inure the benefit of the Parties and their respective successors and permitted assigns.
50G7G807.2
z
fi. Effect of Second Amendment. The Parties agree, that except as modif ed hereby,
the Agreement remains valid, binding, and in full force and effect. If there;is a conflict or
inconsistency be[ween this Second Amendment and the Ab Bement, this Second Amendz~nent
will control and modify the Agreement. '
[Sagnatures appear on the followingpage]
50G768U7.2
3
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
duty executed, upon lawful approval and authority, in multiple counterparts, each of which shall
constitute au original, effective as of the last date executed belovc+.
LESSOR: CITY OF SCHERTZ, TEXAS
By:
John`~Kes~el, Cilji Manager
Date: -~r(- !
LESSEE: CLEAR WIRELESS LLC, a Nevada limited liability company
By:
Printed Name: `
_ ;
Its: ~ta~~rvi~c~r-~°t`~rork ~~~l~ymes~t
Date:.
i
I
i
50676807.2
4
Exhibit "C"
Equipment Modification -Final Configtl;ra#ion
Page 1 of 2
City of Schertz, Texas Proper#ies
SITE APPLICATION FOR EQiJIPMENT MODIFICATION
PRQPUSED Antenna equipment Specifications & Frequency Int'trmation
Final Confi ration
Sector I Sector 2 Sector 3
Antenna ~ 1 .
i
uenti
Transmit or Tx1Rx Tx1Rx Tx1Rx
Receive
Manufacturer Ar uS
9
Argus
ArguS
Antenna Type Panel w! BTS Panel w! Bi'S Panel wlIBTS
Modoi LLPX310R
LLPX390R I
LLPX310R
Number
Antenna 83.66 with 1 BTS 83.66 with 1 BT5 83.66 with y BTS
Wei t F
Dimensions 42° x 12' x 5~' 42° x t 2' x 5° 42' x 12'; x 5"
Motutt llt;ight 81' 81' g1`
i
AAD Center 8i' 81'
81'
AGL ft
Mount Type ~ Pipe Mount Pipe Mount Pipe Mount
Wei t ~
Radiation 345 145 225 ~~
Direction
Tower Leg N1A N/A i
N/A
Cat Walk NIA N!A NlA
Handrn'tl X X
x-
Towet frank NIA N1A N1A
To
i
7xFrequenc}' 25t]t?-2686 MHz 251H?•2686 fJ1Nz 2504-2686 MHz
Rx Frcqueatcy 2500-2$86 hg Hz 250x2686 MHz 25Q0-2686 M}tt
Antenna Gain 17 dBi 17 dBi 17 dB'i
(dB
I
Lines per - 2 2 2
'
Antenna
Line Type 1 (1}Fitter & (1] flower (1) Fiber & (1}Power (1) Fber $ (1} Power
Manufacturer
i
Line Diameter (1} 5116° & (1) 5116' & (1] 5M 6' &
n.y.__nr_. __.
2s equipment transmi[ting on unlicensed frequencies No i
FCC I.icense# 3768553
Include the following documentation with your signed application (REQUtREI1):
®A copy ofmanufacturer's speciGcatian sheet for sheltt:r, antennas, mounting hardware, cables and equipment.
^ A rawer and gattnd view sketch oftl-e tower OR
^ Application is for Ground or; ^ Ground and Structure Lease only, Applicant will not be mounting equiprnaut an
pw~er's fank or to~4~er THI/REPOItE; information re nested in Section "C" of this application does trot aavly.
5(167GBOZ2
Exhibit "C"
Equipment Modification -Final Configuration
Page 2 of 2
City of Scher#~, Texas Properties
SITE APPLXCATION FOR EQDIPMENT MODIFICATION
Ground Space Requirements -complete only if changes from or~gina!
a lication
ui ment Pad Rnised Platform ^ ui men! Sheller ^ Existin Shelter
Requited l.eugth: Width: Total Sq. Ft.:
Ground
Space
Dimensions
Concrete Lengite Width: Tolat Sq. Ft.: I
Pad i
Dimensions I
_ '~ _ ~e_~ec~~~c ~, e_ _ncia r~ _u ~ r~'t~t~~_ tir~~ o_ $uan ': '~: ~.~_~'' Y
Generatpr
~
Manufacturer I
Dutpur in I
]f ilowaits ~
Tank T r
'tank Size 4
T ofl'ucl
' BuIlding Shelter Equilrment Sgecific>itions -- complete only ii'ch~nges from
original application
Shelter Dimensions Len h: Width: Hei ht: i
Sheller Menufuctwer
RR Transmitter/Am lifter & Ancilla E ui ment S ecificaHons
Transmitters RemOteRadioUnits SurgeArtestors
Manufacturer [3 Samsun
T and Model 3) nRRI-Iv2
uami r5eetor t Samsun rsecior
Wei rt&Dimensions 2t.7"x13.8"x8.2"551bs
T of Service WEMttxII,TE
Transmit Fotirer K•Atts watts woos
TraasmitFr uenc• Miiz Milz Mt3z
Receive F ucnc ~ MSz M}lz MI{z,
ERP d50 a~etts watts wafts
Electric Service
Re u'ved Am slVolts 240 VAC
j
Combiner
tJumber of Ports
Final Configurarion
after modification: TOWER: {3) Argus LLPX310R, (3} Samsung nRRHv2, (2} Andrew VNLP2-18. (2) Ol]U, [3)
5196" lines, (5) %i lines, {i } 4" innerdGCl, (i} 2" innerduLt.
GROl1N0: T x T, total sq. ft. 49 ~
50676807.2