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HomeMy WebLinkAboutResolution - 2008-R0148 - Consent To Assignment Of Lease And Amendment To Sprint Spectrum LP - 04/24/2008Resolution No. 2008-ROl 8 Item No. 5.13 RESOLUTION April 24, 2008 WHEREAS, on or about the 91h day of December 1982, the City of Lubbock, exas pursuant to Resolution 1278-B leased to E. Reuel Nash a tract or parcel of land in ,ot 1, Henry Addition to the City of Lubbock, upon which the Leasee was authorized to onstruct various improvements including sidewalks, paved parking and landscaping; and WHEREAS, such Lease was subsequently amended on or about the 11 ch day of ►pril 1991; and WHEREAS, the City Council of the City of Lubbock consented to an assignment f the Lease by the Estate of E. Reuel Nash, deceased, to G. Larry Rice on September 10, 996 through Resolution No. 5256; and WHEREAS, the City Council of the City of Lubbock consented to an assignment f the Lease by G. Larry Rice, to Plains National Bank; on August 14, 1997 through .esolution No. 5596; and WHEREAS, the City Council of the City of Lubbock consented to an assignment the lease by Plains National Bank, a/k/a Plains Capitol Bank, to G. Larry Rice; on ovember 18, 2005 through Resolution No. 2005-RO526; and WHEREAS, G. Larry Rice now desires to assign all right, title and interest in and the above-described Lease to Sprint Spectrum L.P., a Delaware limited partnership; WHEREAS, such an assignment requires the consent of the Lessor, but the City buncil has determined that the desired assignment would not be adverse to the interests f the citizens of the City; NOW THEREFORE: E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT in consideration of an assignment executed in substantially the same form the attached document, the Council hereby authorizes the Mayor to consent to the ignment by G. Larry Rice, to Sprint Spectrum L.P., a Delaware limited partnership of Lease and the Amendment thereto as hereinabove described. by the City Council this 24th day of April , 2008. DAVID A. MILLER, MAYOR .TTEST: AS TO CONTENT: '-Way Agent AS TO FORM: Attorney/Office Practice Section :docs/Henry Addn Lot 1, G Larry Rice & Plains Natl Bk.res 11, 2008 Resolution No. 2008-RO148 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § ASSIGNMENT OF LEASE THIS AGREEMENT is made between G. LARRY RICE, hereinafter called "Assignor," and SPRINT SPECTRUM L.P., a Delaware limited partnership. RECITALS WHEREAS, the Lease Agreement attached hereto as Exhibit A and incorporated herein by reference as the subject of this Assignment was executed on or about December 9, 1982, between the City of Lubbock, Texas, as Lessor, and E. Reuel Nash, as Lessee, by the terms of which the property described in Exhibit A was leased to the Lessee for a term of fifty (50) years, commencing on January 1, 1983, and ending on December 31, 2032; and WHEREAS, the Amendment of Lease attached hereto as Exhibit B and incorporated herein by reference as the subject of this Assignment was executed on or about April 11, 1991, between the City of Lubbock, Texas, as Lessor, and E. Reuel Nash, as Lessee, by the terms of which the rental amounts in the original Lease Agreement were amended; and WHEREAS, all references herein to the "Lease" shall mean the lease attached as Exhibit A as amended by the Amendment of Lease attached as Exhibit B; and WHEREAS, the Lease was previously assigned to the Assignor herein by the Estate of E. Reuel Nash, deceased, (b) to Plains National Bank by the Assignor herein, and (c) to the Assignor herein by Plains National Bank, a/k/a PlainsCapital Bank; and WHEREAS, the Assignor herein now desires to assign the Lease to the Assignee herein, and such Assignee desires to accept the assignment of such Lease. ASSIGNMENT NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the Assignor herein assigns to the Assignee and the Assignee accepts from the Assignor all right, title and interest in and to the above-described Lease. By accepting and executing this Assignment, Assignee expressly assumes and agrees to perform and fulfill all the terms, covenants, conditions and obligations required of the Assignor as the Lessee under the Lease herein assigned, including the payment of all rentals therein described to the Lessor when due and payable. The Assignee shall also be entitled to all of the benefits under the Lease. This Assignment shall become effective on May 1, 2008, and shall apply to all rentals due under the Lease until expiration of the Lease term on December 31, 2032. IN WITNESS WHEREOF, the parties have executed this Assignment of Lease this 24th day of April , 2008. ASSIGNOR: A-, i - NW4 -, - .:Mmm CONSENT OF LESSOR: CITY OF LUBBOCK BY DAVID A. MILLER, MAYOR ATTEST: APPROVED AS TO CONTENT: DAVE BOOHER, RIGHT OF WAY AGENT APPROVED AS TO FORM: ASSIGNEE: SPRINT SPECTRUM L.P., a Delaware limited partnership BY: PRINTEDy - NAME: TITLE: Brian C. Jordan Director LINDA L. CHAMALES SENIOR ATTORNEY/OFFICE PRACTICE SECTION gs/Assignment of Lease -G. Larry Dice 2/11/08 RESOLUTION 1278-B - 1 2/ 9/82 LEASE Resolution No. 2008-RO1 48 STATE OF TEXAS S COUNTY OF LUBBOCK S KNOW ALL MEN BY THESE PRESENTS: The City of Lubbock, a Home Rule Municipality, hereinafter called Lessor, and E. REUEL MASH, hereinafter called Lessee, mutually agree as follows: The Lessor hereby leases to the Lessee that tract or parcel of land described as Lot 1, Henry Addition to the City of Lubbock, Lubbock County, Texas, save and except the following described fenced tract, to -wit: BEGINNING at a point 65 feet North 36 degrees 04' 10" West of the South- west corner of Lot 1, Henry Addition, as described in Vol. 663, page 117 of the Deed Records of Lubbock County, Texas, said corner being a ;1" rod; THENCE North 36 degrees 04' 10" West 66 feet to the Northwest corner of said tract; THENCE North 53 degrees 53' 40" East along a fence a distance of 53.3 feet to the Northeast corner of said tract; THENCE South 36 degrees 04' 10" East along a fence a distance of 66.4 feet to the Southeast corner of said tract; THENCE South 53 degrees 53' 40" West along a fence a distance of 53.3 feet to the PLACE OF BEGINNING. To hold the same to the Lessee for the term of 50 years from the 1st day of January, 1983, paying rental therefor in monthly installments of $150 on the first day of each and every month during the first year of the term of this lease, and thereafter said rental payment due shall increase each year by $7.50 per month. Said increase shall become effective and due and payable on the first day of the first month of each year upon the following conditions and covenants; 1. THAT the Lessee shall pay the rent in advance as aforesaid, as the same shall fall due. 2. THAT the Lessee shall have the right, at its own expense to con- struct sidewalks, paved parking services and Landscaping upon the above des- cribed property. This construction shall be in accordance with the Code of Ordinances of the City of Lubbock, Texas, and subject to the approval of the Director of Public Works prior to construction. The Lessee agrees to keep and maintain the property in good repair during the term of this Lease. The Lessee agrees to hold the Lessor harmless from all claims for any damage to any person or property in or upon said property. 3. THAT the Lessor retains the rights of ingress, egress and regress at any and all times, in, on, under, along, above and across the above described property with the right to construct, reconstruct and maintain any and all facilities necessary for the Lessor to carry out its duties as a Home Rule Munictpality. In the event the improvements constructed by Lessee interfere with the performance of Lessor's duties, Lessee shall remove or alter said improvements, at its expense, after notice from Lessor. Lessor retains the right to remove said improvements and right of reimbursement on failure of Lessee to remove improvements on request. 4. THAT at the termination of this lease, the Lessee shall remove all improvements installed by Lessee as requested by the Lessor. 5. THE Lessee shall not assign or sublet the premises or any part thereof without the consent of the Lessor in writing. Upon assignment with the consent of the Lessor, the Lessee, E. Reuel Nash, will no longer be bound by the terms of this lease. E Reuel Nash will be primarily responsible under the terms of this lease if the property or any part thereof is sublet with the consent of the Lessor. Said consent for assignment of subleasing shall not be unreasonably withheld by the Lessor. EXHIBIT J A '� 6. THE terms of the Lease cannot be modified or altered except by written amendment thereto. 7. THE Lessee and the Lessor each bind themselves and their successors and assigns to the other party of this agreement and to the successors and assigns of such other party, in respect to all terms and covvenants of this :.ease. EXECUTED this 4th day of December, 1982.�� Alan Henry,KayorPI Tem ATTEST: Evelyn Gaffga, City, ✓e"` ry-Treasurer APPROVED AS TO CONTENT: Robert Massengale, AsWistant City Manager APPROVED A5 TO FORM: �. oftz�) Susan M. Horton, Assistant City Attorney E. REUEL NASH P.O. Box 16265 Lubbock, Texas 19490 1 AMFE66 SPA" NAW FOWAM Y DE/'I AREA - AUMMAIIC TEUEA AA6, A AVAAA ♦171 AVALA MOf t AVAEAKE1,tlEE •107 AVAfLANU 4406 AVAAAME ME CASA CLE• AEQ7AlI1A41 10TAL En' x 77' It Y r17' tf' Y 7I V x m 11 7r 1R ,iQ 1W �, f 7E V i,Eft f� EF 1,6U OF Q%V'FC lgHE 1rEt1 6/ 0' 2g� 60� 100 . TM fE 067 iR Resolution No. 3585 April 11, 1991 Item 1115 Resolution No.2008-R0148 AMENDMENT OF LEASE STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock (as Lessor) leased unto E. Reuel Nash (as Lessee), a portion of Lot 1, Henry Addition to the City of Lubbock, Lubbock County, Texas as described in such Lease, which Lease is hereby referred to for all pertinent purposes; and WHEREAS, the Lessee has requested the City of Lubbock for an Amendment to the Lease, to which amendment the City of Lubbock is agreeable as hereinafter set forth; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT in consideration of the premises and the covenants to be kept and performed by the parties to said Lease, said Lease is hereby amended in part as follows: The full paragraph on the first page, beginning on the seventeenth (17th) line down from the beginning of the body of the Lease, and which full paragraph is also immediately below the legal description of the fenced tract of land ex- cepted from the Lease, is hereby amended in its entirety (as to said full paragraph) to read hereafter as follows: EXHIBIT "To hold the same to Lessee for the term of fifty (50) years from the first day of January, 1983, paying rentals therefor in monthly installments of ONE HUN- DRED FIFTY AND NO/100 DOLLARS ($150.00) on the first day of each and every month, during the first year of the term of the Lease, and thereafter said rental pay- ment due shall increase each year by SEVEN AND 50/100 DOLLARS ($7.50) per month until May 1, 1991, whereupon on May 1, 1991, the rental payment shall be at the rate of TEN AND N0/100 DOLLARS ($10.00) per annum from May 1, 1991 through April 30, 1996 (inclusive) with such TEN AND N0/100 DOLLARS ($10.00) annual payments being due each year on May 1, 1991; May 1, 1992; May 1, 1993; May 1, 1994; and May 1, 1995; and on May 1, 1996, the rental payments shall resume at a monthly rate of ONE HUNDRED FIFTY AND N01100 DOLLARS per month from May 1, 1996 through April 30, 1997, and there- after on May 1, 1997 and on May 1st of each succeeding year thereafter, said monthly rental rate shall in- crease by SEVEN AND 50/100 DOLLARS ($7.50) per month during the life of this Lease." - 2 - Except as hereinabove amended, said Lease shall in all other respects remain the same. EXECUTED this the 11th 1991. LESSOR: CITY OF LUBBOCK BY: G for B. C. CMINN, MAYOR T. J. Patterson, Mayor Pro -Tem ATTEST: Renetta Bovd, City Secret ry APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: J. W rh Fullingim, Assistan Cityu ttorney day of April - 3 - LESSEE: BY: E. REUEL NASH THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE NEE, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. TS P;444 n► ,,AIDC known to me to be the person whose name is sub - Pro scribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. A GIVON UNDER MY HAND AND SEAL OF OFFICE this 1991. THE STATE OF TEXAS COUNTY OF LUBBOCK L�. �- 4 zNotary Public in and for 4. the State of Texas day of BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared E. Reuel Nash, President of 70th and Indiana, Inc., a Texas Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity herein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this %J-ce day of A&( L , 1991. Notary Public in and for ' Lubbock County,_Texas My Commission Expi�es :