11-050 - OTOWN OF PROSPER, TEXAS
RESOLUTION NO. 11-50
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
AGREEMENT WITH DALLAS MTA, LP., VERIZON WIRELESS FOR A
TOWER SITE LEASE AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Tower Site Lease agreement with Dallas MTA, L.P., d/b/a Verizon Wireless, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 12'" day of July, 2011.
Ray Smith, ayor
ATTEST TO:
Amy 1Uu
Town Se6retary
Prosper—Central—WT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
COUNTY OF COLLIN
MEMORANDUM OF WATER TOWER LEASE AG RE MENT
This Memorandum of Tower Site Lease Agreement is made this day of� ,
2011, between the Town of Prosper, Texas, with a mailing address of 121 W. Broadway, P.O. Box 307, Prosper, TX
75078, hereinafter referred to as "Landlord", and Dallas MTA, L.P. d/b/a Verizon Wireless, with its principal offices
located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, and with notices to be sent to
Dallas MTA, L.P. d/b/a Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey 07921, Attention:
Network Real Estate, hereinafter referred to as "Tenant". Landlord and Tenant are at times collectively referred to
hereinafter as the "Parties" or individually as the "Party".
1. Landl rd and Tenant entered into a Tower Site Lease Agreement (the "Agreement") on
%a-e...r .f_5 , 2011 for an initial term of five (5) years, commencing on the
Commencement Date. The Agreement shall automatically be extended for two (2) additional five (5) year
terms unless the Tenant terminates it at the end of the then current term by giving the Landlord written
notice of the intent to terminate at least ninety (90) days prior to the end of the then current term.
2. Landlord leases to Tenant a portion of the real property (the "Property") described in the attached Exhibit
A. Tenant's use of the Property shall be limited to that portion of the Property, together with easements for
access and utilities as well as a temporary construction easement (collectively referred to as the
"Easements"), described and depicted in the site plan attached as Exhibit A (collectively referred to
hereinafter as the "Premises") including use of the portion of the water tower (the "Tower") depicted
thereon. Tenant acknowledges and agrees that the Easements conveyed herein are non-exclusive and that
the Landlord may grant rights to the Easements, provided such additional grants do not substantially
materially interfere with Tenant's use of the Easements. The Premises, located on 0.984 acres in the Town
of Prosper, the County of Collin, the State of Texas, comprise approximately 700 square feet.
3. The Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial
term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at
which time rental payments shall commence. The Agreement shall commence on the first day of October,
2011 (the "Commencement Date").
4. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by
reference into this Memorandum, shall extend to and be binding upon the respective executors,
administrators, heirs, successors and assigns of Landlord and Tenant.
[SIGNATURE PAGE TO FOLLOW]
Prosper—Central—WT
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, Landlord and Tenant have caused
this Memorandum to be duly executed on the date first written hereinabove.
LANDLORD: The Town of P er, Texas
By:
Mike Land
Town Man ger
Date: 1
TENANT: Dallas MTA, L.P. dl a Verizon Wireless
By: Verizon Wirhle§s TexaA LYC, its general partner
0
Hans F. Leutenegger
Area Vice President Network
Date: 0 -� zo _
NOTARY ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Prosper—Central—WT
The foregoing instrument was acknowledged before me this i I41�'day of 'k - LA -St 201 ,
by Mike Land, Town Manager of the Town of Prosper, Texas. He is personally known to me or has
produced a driver's license as identification.
(AFFIX NOTARIAL SEAL)
"n:: MELANIE Y. VIDEAN
•'.' �" Notary Public. State of Texas
y. *„ My Commission Expires
dune 27, 2012
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
T1 _
(OFFICIAL NOTARY &1G A RE)
NOTARY PUBLIC — STATE OF TEXAS
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
The foregoing instrument was acknowledged before me this day of _ CK -40b , 2011 ,
by Hans F. Leutenegger, Area Vice President Network, of Verizon Wireless Texas, LLC, general partner
of Dallas MTA, L.P. d/b/a Verizon Wireless, on behalf of said partnership. He is personally known to
me.
(AFFIX NOTARIAL SEAL)
SUSAN E LONG "" N
Notary Public (OFFICIAL NOTA 'Y IG ATURE)
Gaston County, NC NOTA Y PUB STA E OF NORTH CAROLINA
My Commission Expires August 28, 2016
My commission expires:
(PRINTED, TYPED OR STAMPS AME OF NOTARY)
Exhibit "A"
See attached
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