HomeMy WebLinkAboutResolution - 2021-R0102 - Amendment No.1 to Lease Agreement with Mobilitie 3.23.2021Resolution No. 2021-RO102
Item No. 6.19
March 23, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Amendment No. 1 to that certain Lease Agreement
dated October 12, 2017, with regard to specific real property located at Lubbock Preston Smith
International Airport, by and between the City of Lubbock and Mobilitie Investments III, LLC,
a Delaware company, and related documents. Said Amendment is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on March 23, 2021
DANIEL M. POPE, MAYOR
ATTEST:
Rebecc arza, City Secreta IWJ
APPROVED AS TO CONTENT:
Kelly Campbell, Executive Director of Aviation
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ecdocs/RES.Amend #1 Lease Agrmt- Mobilitie Investments III
February 19, 2021
Resolution No. 2021-R0102
FIRST AMENDMENT TO AIRPORT AGREEMENT
THIS FIRST AMENDMENT TO AIRPORT AGREEMENT ("Amendment") dated and
effective as of the latter of the signature dates below (the "Effective Date"), is entered into by and
between the CITY OF LUBBOCK, TEXAS, ("Lessor") and MOBILITIE INVESTMENTS III,
LLC, a Delaware limited liability company, ("Lessee").
RECITALS
A. Lessor and Lessee entered into that certain Airport Agreement dated October 12,
2017 ("Agreement"), pursuant to which Lessor leased to Lessee that certain real property defined
in the Agreement as the Premises.
B. Lessor and Lessee now desire to add a second location and increase the total size
of the Equipment Space on the terms set forth herein.
C. Any capitalized term not otherwise defined herein shall have the meaning given in
the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, Lessor and Lessee hereby agree as follows:
1. Lease of Premises.
(a) Item "(A)" of Section 1.01 of the Agreement is replaced as follows: "(i) those two
(2) certain spaces within the Airport containing approximately four hundred forty-six (446) square
feet total described and/or depicted on Exhibit A - Amended attached hereto (the "Equipment
Space"); and".
(b) Exhibit A of the Agreement depicting the Equipment Space is hereby replaced by
Exhibit A — Amended attached hereto and incorporated herein.
2. No Other Modification and Agreement Ratification. Lessor and Lessee hereby
acknowledge and confirm that except as modified by this Amendment, the Agreement remains in
full force and effect and is hereby ratified and affirmed.
3. Effect of Amendment. Except to the extent the Agreement is modified by this
Amendment, the remaining terms and provisions of the Agreement shall remain unmodified and
continue in full force and effect. In the event of a conflict between the terms of the Agreement
and the terms of this Amendment, the terms of this Amendment shall govern and control.
4. Authority . The persons executing this Amendment are duly authorized to execute
this Amendment in their individual or representative capacity as indicated.
5. C unter arts. This Amendment may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which taken together shall constitute one and
the same document.
[Signatures on Following Page]
1
Confidential
IN WITNESS WHEREOF, the Parties have caused this Amendment to be effective as
of the last date written below.
LESSOR:
CITY OF LUBBOCK,
By:
Name: Daniel M. Pone
Title: Mayor
3/23/2021
Attest:
1
Rebec a Garza, City Secret
APPROVED AS TO CONTENT•
Kelly Campbell, .A.E.
Executive Director of Aviation
City Attorney
LESSEE:
MOBILITIE INVESTMENTS III, LLC,
a Delaware limited liability company
by: MOBILITIE MANAGEMENT, LLC,
a Delaware limited liability company
its Managing Member
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— BY: ...l�l,�
2
Confidential
Christos Karmis
President and CEO
Date: 2/25/2021
EXHIBIT A - AMENDED
DESCRIPTION OF PREMISES — EQUIPMENT SPACE
The Premises are described and/or depicted as follows:
The Equipment Space consists of two (2) locations as follows: (1) approximately two hundred fifty
(250) square feet of space located on the Ground Level of the Airport on the East end of the
Terminal Building as further depicted in Figures 1-2 below (the "Original Mobilitie Equipment
Space"); and (2) approximately one hundred ninety-six (196) square feet of space located on the
lower level of the Airport as further depicted in Figures I & 3 below (the "Additional Mobilitie
Equipment Space"). Lessee intends to, and Lessor shall permit Lessee to, install a locking gate
around such Equipment Space and a 4' x 10' gated entryway opening to the non -secure side of the
Terminal Building.
Figure 1. Equipment Space in relation to Airport (locations outlined in red dashed boxes
below and labeled "Original Mobilitie Equipment Space" and "Additional Mobilitie
Equipment Space" respectively, below)
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EXHIBIT A - AMENDED
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Figure 2. Original Mobilitie Equipment Space (outlined in red below)
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EXHIBIT A - AMENDED
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Figure 3: Additional Mobilitie Equipment Space (outlined In red below)
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Notes:
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I. THIS EXHIBIT MAYBE REPLACED BY CONSTRUCTION OR OTHER DRAWINGS OF THE PREMISES
ONCE RECEIVED BY LESSEE.
EXHIBIT A - AMENDED
-3-
Confidential