The URL can be used to link to this page

Home My WebLink AboutResolution - 2008-R0159 - Amendmen To Land Use License - Pinacle Towers LLC - Allow Renewal Terms - 04/24/2008Resolution No. 2008-RO159 April 24, 2008 Item No. 5.22 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 First Amendment Land Use License between City and Pinnacle Towers, LLC, approving the amendment of a lease agreement dated March 22, 1990, to allow for three (3) additional renewal terms of ten (10) years each for a radio tower location and setting the procedure for the renewals, a copy of said First Amendment Land Use License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th day of _ April , 2008. %.� �eop DAVID A. MILLER, MAYOR ATTEST: Reb cco Garza, City Secretary APPROVED AS TO CONTENT: (M- � " Mar Ye d, Assistant City Manager Mar�e APPROVED AS TO FORM: (;�4 --- Chad Weaver, Assistant City Attorney vw/CityAtt/Chad/Resolutions/LetterAgreement-COL & Pinnacle Towers, LLC 4104/08 Resolution No. 2008-80159 FIRST AMENDMENT LAND USE LICENSE THIS FIRST AMENDMENT TO LAND USE LICENSE (this "Amendment") dated as of the latter of the signature dates below, by and between THE CITY OF LUBBOCK, a Texas home rule municipality (the "Cjjf"), having a mailing address in care of the City Manager, P.D. Box 2000, Lubbock, Texas 79457, and PINNACLE TOWERS LLC, a Delaware limited liability company (formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004) ("Licensee"), with its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. 111'i_ 1VLMAk1 * 11 WHEREAS, the City and Motorola Communications and Electronics, Inc. ("Original Licensee") entered into that certain Land Use License dated March 22, 1990 (the "License") and evidenced in the public records by that certain Memorandum of Lease and Consent dated January 10, 2002 (the "Memorandum") and recorded March 15, 2002 in Vol. 7547, Page 35 of the Official Public Records of Lubbock County, Texas (the License and the Memorandum are collectively referred to herein as the "Lease"); and WHEREAS, Licensee acquired all of Original Licensee's right, title and interest in, to and under the Lease by virtue of that certain Assignment and Assumption of Ground Lease dated effective August 31, 1999; and WHEREAS, under the Lease, Licensee holds a license for certain real property, and holds certain access and utility easement interests related thereto, comprising a portion of land owned by the City, as such property and easement are more particularly described in the Lease (the "Site"); and WHEREAS, the Lease has an initial term and renewal terms that will expire on March 31, 2010 ("Existing Term"), and the City and Licensee desire to enter into this Amendment in order to amend the Lease to provide for, among other things, additional renewal terms for a period of twenty (20) years beyond the Existing Term, upon the terms and conditions more fully set forth herein. NOW THEREFORE, for the mutual covenants and premises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned parties, intending to be bound, hereby agree as follows: 1. Status of Parties. Each party acknowledges that, to the best of its knowledge the other party has complied in all material respects with the obligations under the Lease occurring on or prior to the date hereof and that, to the best of its knowledge, the other party is not in default under the terms of the Lease. 871261 — Lubbock 0 2. Initial Term Commencement Date. The parties hereby ratify and affirm that the commencement date for the initial term of the Lease was April 1, 1990. 3. Renewal Terms. Article II of the Lease is hereby amended by deleting the second sentence thereof and replacing it as follows: "LICENSEE shall have the option to renew this license for three (3) additional terms of ten (10) years, and such renewal terms shall automatically occur unless LICENSEE gives the CITY written notice of its intention not to renew this license not less than thirty (30) days prior to the end of the then -current term. Such notice shall be addressed to the City Manager, City of Lubbock, P. Q. Box 2000, Lubbock, Texas 79457." The parties acknowledge that the first (0) renewal term is the current term of the Lease. The parties further acknowledge that, pursuant to this Amendment, the Lease term exceeds the Existing Term by an additional twenty (20) years. The parties further acknowledge that rental shall continue to be due and payable in the manner currently provided in the Lease. 4. Licensee Notice Address. Article Il of the Lease is hereby further amended to delete therefrom the existing Licensee notice address and inserting in lieu thereof the following: Pinnacle Towers LLC c/o Crown Castle USA Inc. Attn: Legal Department Re: BU# 871261 — Lubbock 2000 Corporate Drive Canonsburg, PA 15317 5. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meaning set forth for such term in the Lease. 6. Construction of Documents. Each party hereto acknowledges that this Amendment shall not be construed in favor of or against the drafter hereof. 7. Remainder of Lease Unaffected. In all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this Amendment is hereby amended to be consistent. 8. Entire Aitreement. The Lease (as amended by this Amendment) embodies the final, entire agreement between the parties with respect to the subject matter of this Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or 871261 —Lubbock 2 X IX subsequent oral agreements or discussions of or on behalf of the parties to this Amendment. 9. Counterparts. This Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 10. Recordation. Licensee, at its cost and expense, shall have the right to record a memorandum of this Amendment in the public records of Lubbock County, Texas, at any time following the execution of this Amendment by all parties hereto. [THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY; SIGNATURES APPEAR ON FOLLOWING PAGES] 871261— Lubbock 3 IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of the date of their execution. ATTEST: THE CITY OF LUBBOCK: Name: Rebecca Garza Title: City Secretai-y r� Name: David M ]ler APPROVED AS TO CONTENT: Title: Mayor !Lj Date: April 24, 200$ Name: Mark Yearwood Title: Assistant City Manager / Chief Information Officer Name: Chad Weaver Title: Assistant City Attorney 871261— Lubbock 4 ED Signed, sealed and delivered in the presence of: ., --J r—) , Print Name: Le -6,498 E- 5,rsr, ,SEI Print Name: Ttf E R -C -SA LI T^T-LE. STATE OF ss COUNTY OF Ir LESSEE: PINNACLE TOWERS LLC, a Delaware limited liability company (formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004) By: G a it On this l k day of , 2008, before me, the undersigned authority in and for the above -stated jurisdiction, personally appeared as '►Y-er it*-- of Global Signal Services LLC, a Delaware limned liability company, the Manager of PINNACLE TOWERS LLC, a Delaware limited liability company (formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004), on behalf of said entities, who is personally known to me or has furnished satisfactory evidence that he/she is the person who appeared before me, who, after being by me duly sworn, declared that he/she executed the above and foregoing instrument for the purpose, intents and consideration therein contained, as his/her free act and deed. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above, after reading of the whole.. Brenda C. Featherston Notary Public (31W STATE OF TEXAS Conan . Exp. Aug.13, 2411 Signature of Notary Public Printed Name of Notary Public: 871261 —Lubbock 5 E 871261 — Lubbock 0 My Commission Expires;