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HomeMy WebLinkAboutResolution - 2004-R0486 - Extension Of Lease Agreement - WWC Texas RSA - 10_11_2004Resolution No. 2004-RO486 October 11, 2004 Item No. 18 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 an Extension of Lease Agreement and any associated documents 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, which said Extension of Lease Agreement is attached hereto and which shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this I Itb day of October '2004. NCA�C Mc ' GAL, MAYOR ATTEST: Rebecca Garza, City Secretary APP VED TO O ENT: Te ller ook, Director of Water Uti i ies APPROVED AS TO FORM: Donald G. Vandiver, Attorney of Counsel DDres/W WCtowerLeaseRes August 25, 2004 Resolution No. 2004-RO486 October 11, 2004 Item No. 18 STATE OF TEXAS § EXTENSION OF LEASE AGREEMENT COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS WHEREAS, the City of Lubbock, Texas ("City"), a Home Rule Municipality of Lubbock County, Texas, and WWC Texas RSA Limited Partnership ("Lessee") entered into a lease agreement dated December 9, 1999 (the "Lease"); and WHEREAS, the Lease provides for an extension of its terms pursuant to Article Two thereof; and WHEREAS, the Lease provides that the Lessee shall apply for such an extension, which Lessee has accomplished via a letter received by the City August 9, 2004; and WHEREAS, the Lease provides that the extension shall be in writing and signed by the Lessee and the City. WITNESSETH: NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms and conditions, both general and special, as set forth hereinafter and in the Lease, the parties do hereby agree as follows: 1. The parties do hereby agree to extend the term of the Agreement in accordance with Article Two of the Lease of December 9, 1999, for a period of five (5) years upon the same terms and conditions contained in said Lease. Pursuant to the Lease, the annual rent shall increase on the first day of this renewal term by twenty percent (20%) of the annualized rent in effect immediately preceding this extension. 2. This extension of the Lease shall be effective upon execution. All terms and conditions of the Lease shall remain in full force and effect except such as are changed herein. Executed this 11th day of October , 2004. City of Lubbock, Texas: APPROVED AS TO CONTENT: WWC Texas RSA'Limited Partnership D.•• `17WC Texas RSA Holding Corporation an ,in General Partner :IC B R, VICE PRESIDENT Terr Ellerb ook, Director of Water Utilities APPROVED AS TO FORM: Donald G. Vandiver, Attorney of Counsel Dd/con/W WCtowerLeaseExtension August 25, 2004 2