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HomeMy WebLinkAboutResolution - 2009-R0535 - Extension And Amendment To Agreement - WWC Texas RSA LP - Radio Antennas - 12_02_2009Resolution No. 2009-RO535 December 2, 2009 Item No. 5.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Second Extension and Amendment to Lease Agreement for the right to construct and maintain radio antennas and appurtenances thereto on property owned by the City of Lubbock by WWC Texas RSA Limited Partnership d/b/a Verizon Wireless, which said Second Extension and Amendment to Lease Agreement 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 this 2nd ATTEST: Rebec'm Garza, City Secretary APPROVED A' T CONTENT: ood rankl' , Chief Water ti i ies APPROVE AS TO FORM: Chad Weaver, Assistant City Attorney day of December , 2009. <2—o�Z xo�� TOM MARTIN, MAYOR vwxcdocsl ES.2"d Agreement & Extension-Verizon Wireless November 13, 2009 Lessee Site Name: Quaker Street Lessee Location Code: 204054 Resolution No, 2009—RO535 SECOND EXTENSION AND AMENDMENT TO LEASE AGREEMENT This Second Extension and Amendment to Lease Agreement (this "Amendment') is entered into as of December 9 , 2009, by and between the City of Lubbock, Texas, hereinafter called "City", and WWC Texas RSA Limited Partnership d/b/a Verizon Wireless, hereinafter called "Lessee". RECITALS: A. City and Lessee (hereinafter collectively referred to as the "Parties") entered into that certain Lease Agreement dated December 9, 1999, for the lease of the Property described therein from City to Lessee, as extended by that certain Extension of Lease Agreement dated October 1 I, 2004 by and between City and Lessee (collectively, the "Agreement"), B. City and Lessee desire to amend the Agreement to reflect the terms and conditions contained herein. AGREEMENTS: For good and valuable consideration, City and Lessee hereby agree as follows: 1. The Agreement is hereby extended for an additional one (1) year term, commencing on December 9, 2009 and expiring on December $, 2010 (the "Renewal Term"). 2. The annual rental for the Renewal Term shall be Twenty -Five Thousand and No/100 Dollars ($25,000), to be paid in equal monthly installments on the 9th day of each month, in advance. 3. Except as modified herein, all other terms and conditions of the Agreement shall remain in full force and effect and are hereby ratified by City and Lessee. Capitalized terms used herein but not otherwise defined shall have the meanings given to them in the Agreement. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. [The Remainder of this Page is Intentionally Left Blank; Signature Page to Follow] Lessee Site Name: Quaker Street Lessee Location Code: 204054 Executed this 9th day of December , 2009 The City of Lubbock, Texas 1� TOM MARTIN, MAYOR ATTEST: `Rebecca Garza, City Secretar A PROVED AS CONTENT: ! Wood Fran clip, .E., Chief Water Engineer APPRO D A TO FORM: Chad Weaver, Assistant City Attorney Lessee: WWC Texas RSA Limited Partnership d/b/a Verizon Wireless By: W WC Te)(af S�jlV6lding Corporation, its Gene l artiter/ By - 11 / - (/ l- z Hans C. Leutenegger, Area Vice President Network Date: 1 Z-I ( - 2 Dailas 1\5393040\3 441OR-746 1 1 / 170009