13-17 R - Approving the renewal of the Tower Site Lease agreement with TierOne Converged Networks (missing agreement)TOWN OF PROSPER, TEXAS
RESOLUTION NO. 13-17
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, APPROVING THE RENEWAL OF THE TOWER
SITE LEASE AGREEMENT, BY AND BETWEEN THE TOWN OF
PROSPER, TEXAS AND TIERONE CONVERGED NETWORKS, INC.;
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")
authorized, by virtue of Resolution No. 07-096, the execution of that certain Tower Site
Lease Agreement ("Lease"), dated November 13, 2007, by and between the Town of
Prosper, Texas ("Town") and TierOne Converged Networks, Inc. ("TierOne"), for the
location of a wireless internet antenna on the elevated water tower located at 1454 E.
First Street, Prosper, Texas; and
WHEREAS, a copy of the Lease is attached to Resolution No. 07-096, said
resolution being incorporated herein by reference for all purposes; and
WHEREAS, the Lease provides for an initial term of five (5) years with the option
to renew and extend ("Extension") the Lease for three (3) additional five (5) year terms
upon the same terms and conditions thereof, including an increase in rent due the Town
by TierOne; and
WHEREAS, the Lease further provides that TierOne must request an Extension
by a date certain and receive the Town Council's approval to effectuate any such
Extension; and
WHEREAS, the Town Council has investigated and determined that TierOne
timely submitted a request for an Extension of the Lease; and
WHEREAS, the Town Council has further investigated and determined that it is
in the best of the Town and its citizens to approve an Extension of the Lease for an
additional five (5) year term upon the same terms and conditions thereof, including an
increase in rent due the Town by TierOne.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Resolution for all purposes.
SECTION 2_ Approval of Extension. The Town Council hereby approves the
Extension of the Lease for an additional five (5) year term upon the same terms and
conditions thereof, including an increase in rent due the Town by TierOne.
RESOLUTION - RENEWAL OF TOWER SITE LEASE AGREEMENT (TIERONE) PAGE 1 OF 2
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SECTION 3: Effective Date. This Resolution is effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS on this 26t" day of March, 2013.
ATTEST TO:
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RAY SMITH, Mayor
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rinrjowp Secretary ••:
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