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Home My WebLink AboutRes 19-18 Authorizing the Town Manager to execute an amendment to lease agreement with Verizon Business TOWN OF WESTLAKE RESOLUTION NO. 19-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT # 1 TO THE LEASE WITH MCI METRO ACCESS TRANSMISSION SERVICES CORP., TO UTILIZE TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK). WHEREAS,MCImetro Access Transmission Services Corp., formerly MCImetro Access Transmission Services LLC, already leases telecommunication conduit from the Town; and WHEREAS,MCImetro Access Transmission Services Corp. desires to amend the lease agreement, approved by Resolution 10-45, dated December 13, 2010 in order to utilize additional Town owned telecommunications conduit(ductbank); and WHEREAS,the Town Council find that the leasing of telecommunication ductbank conduit provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS,the Town Council authorize the Town Manager to execute a lease on behalf of the Town of Westlake; and WHEREAS,the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves Amendment # 1 to the lease with MClmetro Access Transmission Services Corp, to utilize Town owned telecommunications conduit(ductbank),attached as Exhibit"A",and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-18 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 201h DAY OF MAY,2019. f ATTEST: Laura Wheat, Mayor C OF W ESTL9 Kelly Ed ds, Town Secretary y��'•' `rF APPROVE TO TEXP� L. ton Lo ttomey Resolution 19-18 Page 2 of 2 EDIT A Amendment #1 to the Conduit Lease Agreement Between Town of Westlake and MCImetro Access Transmission Services Corp. The Town of Westlake owns a series of telecommunications conduit, referred to as ductbank, which run throughout the Town and have been leased to telecom companies. The Ductbank was envisioned as a way to provide telecommunications companies access to Town right-of-way without the need to dig,there by disrupting traffic,potentially damaging other buried utilities, expedite installation, and minimise inconvenience to property owners. Resolution 10-45 approved a conduit lease agreement with MCImetro Access Transmission Services LLC.,predecessor to MCImetro Access Transmission Services Corp.,to install fiber optic cable within the Town's ductbank to service Deloitte University via conduit in a route generally along Solana Boulevard, FM 1938, and Dove Road. MCImetro Access Transmission Services Corp.now desires to amend the lease agreement to extend the amount of conduit leased: 1) approximately 1,031 LF along FM 1938 from Solana to SH 114; and 2) approximately 1,518 LF east along Solana Boulevard to Sam School Road. This lease amendment will provide for the installation of approximately 2,549 LF of fiber optic cable within the Town's ductbank. Accordingly, The Town of Westlake agrees to incorporate this letter as Amendment#1 to the Conduit Lease between the Town of Westlake and MCImetro Access Transmission Services LLC. dated January 19, 2011 ("Lease")for the lease approved by Resolution 10-45, dated 12-13, 2010 which provides with the rights to utilize the conduit network that is owned by the Town of Westlake. Westlake and Tenant agree that this Amendment#1 to the Lease,together with the Attachments and other documents (WHICH ARE HEREBY COLLECTIVELY INCORP.ORATED HEREIN AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH), contains all the terns and provisions between Landlord and Tenant relating to the matters set forth herein and no prior or contemporaneous Lease or understanding pertaining to the same shall be of any force or effect, except for any such contemporaneous written Lease specifically referring to and modifying this Lease and signed by both parties. Pursuant to this Addendum.Verizon shall have the right to utilize an additional 2,549 LF of 1.25" conduit for the construction of its fiber optic network("Additional Conduit"). The Lease shall be amended to include the following: Page I of Resolution 19-18 A. Route: The route of the Additional Conduit that is the subject to the Lease is as indicated in the DRAFT set of plans, Attachment "A", VZB ONE FIBER —HUB 017— SOLANA_REPL LEG B— KELLER NORTH 1707AIIB.042 DRAFT Construction Plans and the VZB ONE FIBER— 3003 CHARLES SCHWAB WAY DRAFT Construction Plans. B. Commencement of Lease: The Commencement Date for the Lease shall not be changed from the date as identified in the original lease agreement. The Additional Conduit shall have the same remaining term as the original conduit. C. Initial Term and Tenn and expiration date shall not be changed Expiration Date: from the dates as identified in the original lease agreement. D. Rented Length: Parties agree that the rented length included in Amendment# 1 for the Additional Conduit will be 2,549 based on the attached DRAFT set of plans, Attachment"A", VZB ONE FIBER—HUB 017— SOLANA_REPL LEG B—KELLER NORTH 1707AIIB.042 DRAFT Construction Plans and the VZB ONE FIBER—3003 CHARLES SCHWAB WAY DRAFT Construction Plans. E. Size and Quantity: 2,549 LF of 1.25" conduit F. Rent: Parties agree that an additional One-time payment of(($2.44 per linear foot x 2,549 LF)x 2/5) or $2,487.82 will be required for the remainder of the current term to account for the Additional Conduit. An additional rent payment amount of ($2.44 per linear foot x 2,549 LF) or$6,219.56 for the Additional Conduit will be added to the rent payment as identified in the original lease agreement, $34,274.68. The new total rent payment will be the sum total of the amended payment plus the original payment amounts as follows: Original Payment Amount $34,274.68 Amendment#1 Payment Amount $6,219.56 TOTAL REVISED PAYMENT AMOUNT $40,494.24 Page 2 of 4 Resolution 19-18 Payment will be made prior to each Renewal Term G. Permitted Use: Permitted Use shall not be changed from that identified in the original lease agreement. H. Landlord: Town of Westlake, Texas I. Landlord's Notice Address: Town Manager 1500 Solana Boulevard Building 7, Suite 7200 Westlake,TX 76262 With copies to: Town Attorney Town of Westlake Boyle &Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, TX 75062 J. Tenant: MCImetro Access Transmission Services Corp. K. Tenant's Notice Address: Manager,Right of Way and Municipal Affairs MCImetro Access Transmission Services Corp. 400 International Pkwy. Richardson, TX. 75081 With copies to: Legal Department,Network Facilities MCImetro Access Transmission Services Corp. 2400 North Glenville Drive Richardson, Texas 75082 M. Attachments: This Amendment# 1 to the Lease includes and incorporates by this reference: Attachment A: VZB ONE FIBER—HUB 017— SOLANA_REPL LEG B—KELLER NORTH 1707AIIB.042 DRAFT Construction Plans and the VZB ONE FIBER—3003 CHARLES SCHWAB WAY DRAFT Construction Plans. Page 3 of 4 Resolution 19-18 LANDLORD: TOWN OF WESTLAKE,TEXAS LBy: 2,1- --- Amanda DeGan,Town Manager TENANT: MCImetr es Transmission Services Corp. By: Page 4 of Resolution 19-18 Form TCG 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2279 By signing below, Compan herb verifies the following: 1. Compa des t boycott Israel; aQFI 2. Comp ny w II o boy ott- raeI d i g the t rm f the contract. SIGNED BY: 1 Print Name of Person: NdAtl �(Wf_/ Signing,Title, and 1-" r _ Company l�r✓ 1�1 . F'C1!')cl Date signed: STATE OF TEXAS § COUNTY OF j BEFORE ME, the undersigned Notary Public on this day personally appeared 1 1 ame), on behalf of q ki,-O-(Company)who being duly sworn,stated under oath that he/sh has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. SWORN AND SUBSCRIBED TO before me,this. ,day of , 201 r . ll �—N A .O� BLIC, FOR THE STATE OF TEXAS My Commis iqncpires:E -� � ��L, ALYSHA CALHOUN Notary Public,State of Texas Comm. Expires 12-08-2020 Government Code § 2270.002. Provision Required in Contract ��`` Notary ID 13092596-2 Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The following definitions apply: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. (3) "Governmental entity" means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. Contract identifier: Department: