HomeMy WebLinkAboutResolution - 2002-R0005 - Memorandum Of Lease And Consent - Pinnacle Towers, Inc. - 01/10/2002Resolution No. 2002-80005
January 10, 2002
Item No. 19
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 a Memorandum of Lease and Consent
and any associated documents between City and Pinnacle Towers, Inc., approving the
assignment of a lease agreement dated March 22, 1990, from Motorola Communications
and Electronics, Inc., to Pinnacle Towers, Inc., a copy of which Memorandum of Lease
and Consent, is attached hereto and which shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 10th day of January , 2002.
SIftOfT, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Sharlett Chowning, Managing Direc r of -J7�
Information Technology
APPROVED AS TO FORM-
'IRA
Donald G. Vandiver, First Assistant City
Attorney
DDres/TowerLease.res
December 28, 2001
Resolution No. 2002—R0005
January 10, 2002
Item No. 19
Site No.: 0400-050
Site Name: LUBBOCK TX TOWER
State: TX
MEMORANDUM OF LEASE
AND CONSENT
THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of this 10th day of
January , 200 2, by City of Lubbock, a Texas home rule municipality ("Landlord");
PINNACLE TOWERS INC., a Delaware corporation ("Pinnacle"), and evidences that on the 22nd
day of March, 1990, a Land Use License ("Lease") was entered into by and between Landlord, as
landlord and MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., affiliate/predecessor to
MOTOROLA, INC. (`Motorola") as tenant.
1. Lease Term. The term of the Lease, including all remaining option periods, expires
on March 31, 2010.
2. Site. Subject to the terms of the Lease, Landlord is the owner of and has leased to
Motorola, as tenant, the use of a portion of the real property described in Schedule 1 attached
hereto ("Site") and Landlord has granted unto Motorola for the term of the Lease an easement for
ingress, egress and utilities to the Site, as necessary, over property it owns ("Easement").
3. Assignment of Lease. Landlord recognizes that on August 31, 1999, Motorola
assigned the Lease to Pinnacle. Motorola provides for the assignment of the Lease to Pinnacle
subject to receipt of the consents granted in paragraphs 7 and 8 below.
4. Lease in Full Force and Effect. The Lease is presently in full force and effect and
ratified and confirmed hereby. On the date hereof, neither Landlord nor, to Landlord's
knowledge, Motorola, as tenant, is in default of any of the terms, conditions or covenants of the
Lease.
5. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of Pinnacle and its successors and assigns as tenant under the Lease.
6. Property Description. Landlord acknowledges that Pinnacle has retained a surveyor
to update or create the legal description for the Site and consents to the later recording of this
Memorandum with such description attached hereto.
7. Assignment. Landlord hereby acknowledges and consents to the assignment of the
Lease by Motorola to Pinnacle and the assumption of the Lease by Pinnacle.
8. Sublease. Landlord hereby acknowledges and consents to Pinnacle's further sublease
or grant of licenses to use all or any portion of the Site or portion of the tower or any other
structure or equipment located on the Site but must first get the Landlord's prior written consent which will
not be unreasonably withheld.
9. Counterparts. This Memorandum may be executed in counterparts, and both
counterparts signed together will constitute a single, original instrument.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date
first set forth above.
LANDLORD:
CITY OF LUBBOCK, TEXAS, a Texas home rule
municipality-) „ n
so
Title: Mayor
Attest:
'Q ae'�� T�� A—
Name: Rebecca Garza
Title: City Secretary
TENANT:
PINNAg&E"TOWERS INC., a
Title:
SECRETARY C Per'sr(�caULt
i,— --/ �A-.n KnO-3 j
Approved as to Content -
Pamela Lfloak
s *CMMNM
��Name:
2002
Title: Managing Director of Information Technology' eoronFo� ++ ��
Approyecj,ts to Form: o �L�L 1o2 01 ' ru .
Name: //. w. ale. k/-. s 5AIA Y," attbM Q -tet , 0.60
Title: _Gz .� f �A� /�c,.n A e.r > �4 r y�c% (' S Q���� �'l UaCl a�
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