Ordinance No. 15,871 ORDINANCE NO. 15,871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE SITE LEASE
WITH CROWN CASTLE GT COMPANY LLC; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, on May 21, 2008, the City of Baytown entered into a site lease agreement with
Verizon for the purpose of constructing, maintaining and operating a communications facility, including
tower structures, equipment, shelters, cabinets, meter boards, utilities, antennas, equipment and related
equipment; and
WHEREAS,the lease commenced on May 21, 2008, extended on May 20, 2013 and January 12,
2018 and will expire on May 20, 2028; and
WHEREAS, during the term of the Lease, Crown Castle GT Company LLC, took over the
communications facilities and the lease; and
WHEREAS, the City desires to extend the lease for the consideration expressed in the Second
Amendment; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs
the City Manager and City Clerk of the City of Baytown to execute and attest to the Second Amendment
to the Site Lease with Crown Castle GT Company LLC. A copy of said amendment is attached hereto,
marked Exhibit"A"and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED,READ,and PASSED by the affirmative vote of the City Council of the City of
Baytown,this the 8th day of August, 2024.
BRANDON CAPETILLO, yor
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R:\Kristin Holmes\Ordinances\2024\08.08.2024 CC Agenda\Second Amendment to Site Lease Agreement.Crown Castle.James Street.kh.docx
EXHIBIT "A"
SECOND AMENDMENT TO SITE LEASE
THIS SECOND AMENDMENT TO SITE LEASE (this "Amendment") is dated as of
the last of the signature dates below (the "Effective Date"), by and between City of Baytown
("Landlord"), having a mailing address of 2401 Market St., Baytown, Texas 77520, and Crown
Castle GT Company LLC, a Delaware limited liability company ("Tenant"), having a mailing
address of Attn: Legal Department, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
WITNESSETH:
WHEREAS, Landlord and Tenant entered into a Site Lease dated May 21, 2008, (the
"Original Lease"), whereby Landlord leased to Tenant a portion of land consisting of
approximately two thousand eight hundred ninety-eight (2,898) square feet in Harris County,
Texas, together with access and utility easements thereto (the "Property"), as more particularly
described in the Lease, a memorandum of which was recorded as Instrument No. 20080296510
in the Real Property Records of Harris County, Texas; and
WHEREAS, the Original Lease was amended by a First Amendment to Site Lease dated
January 12, 2018, between Landlord and Tenant (the "First Amendment"), a memorandum of
which was recorded as Instrument No. RP-2018-69630 in the Real Property Records of Harris
County, Texas (the Original Lease as amended by the First Amendment is hereinafter referred to
as the "Lease"); and
WHEREAS, the Lease has an Initial Term and Renewal Terms that will expire on May
20, 2028 (the "Original Term"), and Landlord and Tenant desire to enter into this Amendment in
order to amend the Lease to, among other things, provide for additional Renewal Terms beyond
the Original Term.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are acknowledged, Landlord and Tenant agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the
foregoing recitals, each of which is incorporated herein as if fully rewritten herein. Any
capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.
2.Term. Section 2(b) of the Lease (as amended) is hereby amended by deleting the first
(1st) sentence of the current text and inserting in lieu thereof the following:
"Upon the expiration of the Initial Term on May 20, 2013, Tenant shall
have the right to extend this Lease for nine (9) additional five (5) year
terms (each a "Renewal Term"); provided that Tenant is not in default of
any of the provisions of this Lease at the time of renewal."
The Original Term and additional Renewal Terms shall be collectively referred to herein as the
"Lease Term." The parties acknowledge that pursuant to this Amendment, the Lease Term
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exceeds the Original Term by thirty (30) years and that, unless terminated sooner, the final
Renewal Term will expire on May 20, 2058.
3.Survev. Tenant reserves the right, at its discretion and at its sole cost, to obtain a
survey ("Survey") specifically describing the Property, including any access and utility
easements associated therewith. Tenant shall be permitted to attach the Survey as an exhibit to
this Amendment and any related memorandum for recording, which shall update and replace the
existing description of the Property, at any time prior to or after execution of this Amendment.
4.Representations, Warranties and Covenants of Landlord. Landlord represents,
warrants and covenants to Tenant as follows:
(a) Landlord is duly authorized to and has the full power and authority to enter into
this Amendment and to perform all of Landlord's obligations under the Lease as
amended hereby.
(b) Tenant is not currently in default under the Lease, and to Landlord's knowledge,
no event or condition has occurred or presently exists which, with notice or the
passage of time or both,would constitute a default by Tenant under the Lease.
(c) Landlord agrees to provide such further assurances as may be requested to carry
out and evidence the full intent of the parties under the Lease as amended hereby,
and ensure Tenant's continuous and uninterrupted use, possession and quiet
enjoyment of the Property under the Lease as amended hereby.
(d) Landlord acknowledges that the Property, as defined, shall include any portion of
Landlord's property on which communications facilities or other Tenant
improvements exist on the Effective Date of this Amendment.
5.IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9,
or its equivalent, upon execution of this Amendment and at such other times as may be
reasonably requested by Tenant. In the event Landlord's property on which the Property is
located is transferred, the succeeding landlord shall have a duty at the time of such transfer to
provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work
to effect a transfer in rental to the new landlord. Landlord's failure to provide the IRS Form W-9
within thirty (30) days after Tenant's request shall be considered a default and Tenant may take
any reasonable action necessary to comply with IRS regulations including, but not limited to,
withholding applicable taxes from rent payments.
6.Construction of Documents. Each party hereto acknowledges that this Amendment
shall not be construed in favor of or against the drafter.
7.Remainder of Lease Unaffected. In all other respects, the remainder of the Lease
shall remain in full force and effect. Any portion of the Lease that is inconsistent with this
Amendment is hereby amended to be consistent.
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8.Headinas. The headings contained in this Amendment are for reference purposes only
and shall not modify or affect this Amendment in any manner whatsoever.
9.Entire Lease. The Lease (as amended by this Amendment) embodies the final, entire
agreement between the parties with respect to the subject matter of this Amendment, and
supersedes any and all prior agreements, representations, understandings and commitments,
whether oral or written relating to this subject matter, and may not be contradicted or varied by
evidence of prior, contemporaneous or subsequent oral agreements or discussions of or on behalf
of the parties to this Amendment.
10.Counterparts. This Amendment may be executed in separate and multiple
counterparts, each of which shall be deemed an original but all of which taken together shall be
deemed to constitute one and the same instrument.
11.Recordation. Tenant, at its cost and expense, shall have the right to record a
memorandum of this Amendment in the conveyance records of Harris County, Texas, at any
time following the execution of this Amendment by all parties hereto.
[REMAINDER OF PAGE INTENTIONALLY BLANK;
SIGNATURE PAGES FOLLOW
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IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to be
duly executed as of the Effective Date.
LANDLORD:
City of Baytown
By:
Name:
Title:
Date:
STATE OF §
COUNTY OF §
The foregoing Second Amendment to Site Lease was acknowledged before me this
day of , 2024, by , as the of
City of Baytown, for the consideration, intent and purposes set forth in the foregoing Second
Amendment to Site Lease. He/She is personally known to me or has produced
as identification.
In Witness Whereof, I have hereunto signed this acknowledgment with said appearer, on
the date set forth above.
Signature of Notary Public
Printed Name of Notary Public:
My Commission Expires: [Seal]
TENANT:
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Crown Castle GT Company LLC,
a Delaware limited liability company
By:
Name:
Title:
Date:
STATE OF §
COUNTY OF §
The foregoing Second Amendment to Site Lease was acknowledged before me this
day of , 2024, by , as the of
Crown Castle GT Company LLC, a Delaware limited liability company, for and on behalf of
said entity and for the consideration, intent and purposes set forth in the foregoing Second
Amendment to Site Lease. He/She is personally known to me or has produced
as identification.
In Witness Whereof, I have hereunto signed this acknowledgment with said appearer, on
the date set forth above.
Signature of Notary Public
Printed Name of Notary Public:
My Commission Expires: [Seal]
•
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