13-24 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 13-24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, APPROVING THE FIRST AMENDMENT TO
TOWER SITE LEASE AGREEMENT, BY AND BETWEEN THE TOWN
OF PROSPER, TEXAS AND TIERONE CONVERGED NETWORKS,
INC.; AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
SAME; PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")
has investigated and determined that it is in the best interest of the Town of Prosper,
Texas ("Town") and its citizens to approve the First Amendment to Tower Site Lease
Agreement ("First Amendment"), by and between the Town and TierOne Converged
Networks, Inc. and authorize the Town Manager to execute the same.
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 First Amend ment/Authorizina Town Manager's
Execution. The Town Council hereby approves the First Amendment, attached hereto
as Exhibit "A" and incorporated herein for all purposes, and authorizes the Town
Manager to execute the same.
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 26th day of March, 2013.
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RESOLUTION - APPROVING FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT (TIERONEI PAGE 1 OF 5
#624168.1
Location of Site: 1454 E. First Street. Prosoer. Texas
Name of Tenant: TierOne Converged Networks. Inc.
FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT ("First
Amendment"), dated as of the latter of the signature dates below ("Effective Date"), is by and
between the Town of Prosper, Texas, a Texas home -rule municipality, ("Landlord") and
TierOne Converged Networks, Inc., a Texas corporation, ("Tenant") and on the terms and
conditions set forth below.
WHEREAS, Landlord and Tenant entered into that certain Tower Site Lease Agreement
("Lease"), dated November 13, 2007, whereby Landlord leased to Tenant certain Premises (as
defined in the Lease) that are a portion of the Property (as defined in the Lease); and
WHEREAS, Landlord and Tenant desire to amend Paragraph 4(a) (Rent/Internet Access)
of the Lease to adjust when Rent (as defined in the Lease) is due and payable to Landlord; and
WHEREAS, Landlord and Tenant further desire to amend Paragraph 14 (Notices) of the
Lease to accurately reflect Landlord's information; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as
set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. Amended Para,2raphs. Paragraphs 4(a) and 14, of the Lease are amended to read as
follows:
"4. Rent/Internet Access. (a) Tenant shall pay Landlord rent, in
monthly installments, .... The first such monthly installment shall be due
and payable upon the Effective Date of this First Amendment, and
prorated accordingly should such Effective Date not occur on the first day
of a month. Subsequent installments shall be due and payable on or before
the first day of each succeeding calendar month during any given
Extension Term hereof.
FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT (TIERONE) PAGE 1 OF 4
624148.1
"14. Notices. All notices ... following:
If to Landlord, to: Town of Prosper
Attn: Town Manager
P. O. Box 307
Prosper, Texas
2. Counterparts. This First Amendment may be executed in a number of identical counterparts.
If so executed, each of such counterparts is to be deemed an original for all purposes, and all
such counterparts shall, collectively, constitute one First Amendment,
Controlling Agreement. To the extent any provision contained herein conflicts with the
Lease, the provisions contained herein shall supersede such conflicting provisions contained
in the Lease.
4. Representations. Each party represents and warrants that: (i) all actions or other conditions
precedent necessary to bind such party to the terms of this First Amendment have been taken
and have been satisfied and each party is bound to the full performance of all its obligations
set forth in the Lease as amended by this First Amendment; (ii) each party has the full right,
power, and authority to enter into this First Amendment and perform its obligations under the
Lease as amended by this First Amendment; and (iii) the person or persons executing this
First Amendment on behalf of such parties have the full right, power and authority to bind
that party to the obligations set forth in this First Amendment. Each party is relying on the
representations contained in this paragraph in entering into this First Amendment and each
party acknowledges that Landlord and Tenant have so relied and are entitled to so rely.
5. Bindinv- Effect. The obligations under the Lease as amended by this First Amendment shall
not be affected by any subsequent change in the composition of the Town Council of the
Town of Prosper, it being intended that Landlord and Tenant shall remain obligated to fully
perform all of their respective obligations under the Lease and so amended by this First
Amendment at all times in the future.
6. Ratification. Landlord and Tenant hereby ratify the terms of the Lease and acknowledge and
accept that the Lease remains in full force and effect as amended hereby. The provisions of
the Lease shall govern except that the provisions of this First Amendment shall prevail where
there may by changes, conflicts or inconsistencies with the provision of the Lease.
7. Authority to Execute. The individuals executing this First Amendment hereby represents
ratified and confirmed and shall continue in full force and effect.
8. Entire ARreement/First Amendment. This First Amendment and the Lease embody the entire
agreement between the parties regarding the subject matter hereof. There are no oral
understandings or agreements between the parties regarding the subject matter hereof. This
First Amendment may only be amended by written agreement executed by all parties hereto.
FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT (TIERONE) PAGE 2 OF 4
624148.1
9. Venue. This First Amendment shall be governed by and construed in accordance with the
laws of the State of Texas and shall be performable in Collin County, Texas.
10. Assignment. This First Amendment may not be assigned except as provided in Paragraph 17
of the Lease.
IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this First Amendment on the dates set forth below.
LANDLORD:
Town of Prosper, Texas,
a Texas municipal corporation
i
By:
Harlan Jeffers o Manager
Date: � l,--2C,, % JD j
TENANT:
TierOne Converged Networks, Inc.
a Texas corporation
By: ��
Glen H� a esidentDate:ywllfl--3
FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT (TIERONE) PAGE 3 OF 4
624148.1
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared Harlan
Jefferson, Town Manager for an on behalf of the Town of Prosper, Texas, a Texas municipal
corporation, known to me to be one of the persons whose names are subscribed to the foregoing
instrument and he acknowledged to me that he is the duly authorized representative for the Town
of Prosper, Texas, and that that he executed said instrument for the purposes and consideration
therein expressed and in the capacity therein stated.
l , GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
_/'� /iA (1j, , , 2013.
.P CPROLMYERS
MY COMMISSION EXPIRES
October 25, 2013
STATE OF MINNESOTA
COUNTY OF
d� L
Notary Public In and "theate of Texas
My Commission Expires:
ACKNOWLEDGEMENT
BEFORE ME, the undersigned authority, on this day personally appeared Glen Harstad,
the President of TierOne Converged Networks, Inc., a Texas corporation, known to me to be
one of the persons whose names are subscribed to the foregoing instrument and he acknowledged
to me that he is the duly authorized representative for said corporation, and that that he executed
said instrument for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1Ri�Gti v� �1 72013.
ALE 'To
r
AUDREY M public Notary Public in for the State of Minnesota
lNMinnesotaMy Commission Expires:Januarysion Exp
FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT (TIERONE) PAGE 4 OF 4
624149.1