HomeMy WebLinkAboutResolution 2000-095
RESOLUTION NO. 2000-095
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
1.
The City Manager be, and is hereby, authorized to execute the attached
amendment to the June 27, 1996, PCS Site Agreement with Sprint as the act and deed
of the City.
PASSED AND APPROVED this 27 day of November, 2000.
APPROVED:
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Patricia'flut'sb'n, City Secretary
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Rex McEntire, City Aorney
APPROVED AS TO CONTENT:
Site ID # DA03XC242 (Uk/a FTW3267)
AMENDMENT TO
pes SITE AGREEMENT
This Amendment to PCS Site Agreement ("Amendment") is made and entered into as of the
day of , 2000 (" Execution Date"), by and between Sprint Spectrum L.P., a
Delaware limited partnership ("Tenant"), and City of North Richland Hills ("Owner").
RECITALS
A. Tenant leased from Owner certain real property at 6050 NE Loop 820, North
Richland Hills, TX 76180 pursuant to a PCS Site Agreement ("Agreement") dated June 27, 1996.
B. Tenant and Owner desire to amend the Agreement on the terms and conditions
contained herein to enable Tenant to obtain consent which will enable Tenant to allow TimesThree, Inc.
(f/k/a Cell-Ioc USA, Inc.), a Delaware Corporation ("Co-Locator") to co-locate with Tenant on the Site.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein
and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged,
the parties hereby agree as follows:
1. As of the date ("Effective Date") that Co-Locator enters into an agreement with Tenant
whereby Tenant grants to Co-Locator the right to co-locate three (3) antennae and the equipment required
to operate such antennae on the Site, ("Ca-Location Agreement"), Owner hereby grants and
acknowledges Owner's consent to the execution, delivery and performance of the Sublease by and
between Tenant and Co-Locator ("Consent"). If Co-Locator and Tenant have not entered into a Co-
Location Agreement one-hundred and eighty (180) days following the Execution Date, either Owner or
Tenant may terminate this Amendment at any time prior to the date that Co-Locator and Tenant enter into
the Co-Location Agreement by providing written notice of termination to the other patiy.
2. Tenant will commence paying rent ("Additional Rent") in advance for the Consent in the
amount of $3600.00 per year commencing on the first day of the first month following the date that Co-
Locator installs its equipment on Tenant's tower at the Site (partial month to be prorated). The Additional
Rent will escalate in the same manner and at the same time as described in Section J of the Agreement.
3. All additional equipment will stay inside the existing leased space. All additional
utilities will stay inside existing easements. Access, entrance, and exit to the work site will be made
using the "access easement" described in Exhibit B of the Agreement.
4. Tenant will repair any damages to Owner and Owner's golf course property that is
caused by Tenant, its agents or sub-contractors. Tenant will require any damage made to Owner and
Owner's golf course property that is caused by Co-Locator, their agents or sub-contractors to be repaired
by Co-Locator.
5, Tenant will require Co-Locator to obtain any required permits prior to start of
construction. Additionally, Tenant will require Co-Locator to complete construction within sixty (60)
days of the start of construction.
Site ID # DA03XC242 (Irk/a FTW3267)
6. Tenant will assign a Project Manager to this site to handle any construction-related
questions, upon execution of this agreement. Once a Project Manager is assigned, Owner will be
provided with appropriate contact information. Tenant will consult with Owner prior to the Tenant's
approval of a construction schedule. The Owner will be provided a copy of the construction schedule
and will be given weekly updates of the status of construction, Owner will be consulted on any changes
in the construction schedule. Owner is to provide Tenant with a facsimile number so Tenant can provide
Owner with required documentation.
7. All capitalized terms not defined herein shall have the meaning given to such terms in
the Agreement. Except as explicitly amended hereby, the Agreement remains in full force and effect and
is hereby restated, ratified and confirmed in accordance with its original terms, as amended hereby,
8. The terms of the original lease dated June 27, 1996, including the termination and
removal clause, shall be in full force and effect with respect to the equipment described in this
agreement.
IN WITNESS WHEREOF, Tenant and Owner have executed this Amendment as of the date first
above written.
Tenant: Sprint spectrum L.P.
Owner: City of North Richland Hills
By:
By:
Chari ie Douglass
Name:
Central Region Director, Sprint Sites USAsM
Title:
Date:
Date:
Co-Locator: TimesThree, Inc.
(f/kJa Cell-Ioc USA, Inc.)
By:
Name:
Title:
Date:
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