R2000-121 10-23-00 RESOLUTION NO. R2000-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN ADDENDUM TO THE SITE LEASE AGREEMENT WITH
METRICOM, INC. TO CLARIFY THE TENANT'S LIABILITY FOR EARLY
TERMINATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1 . That certain Addendum to City of Pearland Development Agreement
by and between the City of Pearland and Metricom, Inc., a copy of which is attached
hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
Section 2. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest the original of the attached addendum for and
on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the 23 day of October ,
A.D., 2000.
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TOM REID
MAYOR
ATTEST:
/
iU N G 4i►t i
Y S nr 'ETARY
APPROVED AS TO FORM:
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DARRIN.M. COKER
CITY ATTORNEY
ADDENDUM TO CITY OF PEARLAND
SITE LEASE AGREEMENT
WITH METRICOM, INC.
(Exhibit "A" to Resolution No. R2000-121)
This Agreement is entered into this day of , 2000, by and between the
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (hereinafter"City") and METRICOM, INC.
(hereinafter"Metricom").
WHEREAS, a Site Lease Agreement has been executed between City and Metricom for placement
of antennae on the City's Alice Road Water Tower; and
WHEREAS, Section 10(c) of the Agreement incorrectly states the tenant's liability for early
termination; and
WHEREAS, Metricom and City both desire to amend the agreement by adding mutually agreeable
language with respect to Metricom's liability for early termination.
WITNESSETH :
NOW THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration, the receipt of which is hereby acknowledged, it is hereby agreed as follows:
1. Section 10(c) of the agreement is amended to read as follows:
"10(c). Tenant's Liability for Early Termination. If Tenant terminates this Lease other
than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages
for early termination, an amount equal to six (6) months' Rent at the then effective rate,
unless Tenant terminates during the last yeaf six '(6) months of any Term under
Paragraph 4, in which event Tenant shall only be liable for the unpaid balance of the annual
rent remaining in the then current Term of the Lease."
2. The effect of this Addendum is limited to the terms above and all other terms of the original
Agreement endure as previously agreed. This Agreement may only be amended, modified,
or supplemented by written agreement and signed by all parties.
3. Resolution No. R2000-121 shall be incorporated herein and made a part of this Agreement
for all purposes.
In witness whereof,the parties have hereunto set their hands and signatures on the date first above
mentioned.
METRICOM, INC.
By:
Printed Name:
Title:
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ATTEST: CITY OF PEARLAND, TEXAS
a Texas municipal corporation
By: By:
Young Lorfing Alan R. Mueller
City Secretary Interim City Manager
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STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20
Notary Public, State of Texas
Printed Name:
My Commission Expires:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20 .
Notary.Public, State of Texas
Printed Name:
My Commission Expires:
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