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Home My WebLink AboutL007-09 - Extension - Addendum #1 - Clearwire LLC - Wilson Playfields Cellular Phone Tower - 04/28/2011 4011 CITY CLERK KEN T CITY OF KENT w n s H i�c T o N 220 4`h Avenue South Kent, WA 98032 Fax 253-856-6725 PHONE: 253-856-5725 Lease Agreement Cover Sheet This document is to be used in heu of the Contract Cover Sheet SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: L007-09 (to be completed by Clerk's Office) 1. Responsible Department/Division: Parks/Facilities 2. Contact Person and Title: Charlie Lindsey Telephone Extension: 5081 3. Tenant (Customer) Name: Clearwire, LLC 4. Tenant (Customer) Number: 128985 # WaTac 134 Wilson Playfield 5. General Ledger Account Number: P20072.56250 6. King County Tax Parcel Number: 212205-9184 7. Address of Parcel: 13028 SE 251 street Kent 8. Type of Lease: Addendum One to Lease Agreement Wilson Playfield Cell Tower 9. Council Authorization Date: 2/7/2006 10. Mayor Signature Date: 3/7/2006 SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: Addendum April 28, 2008 12. Tenant Lease Option Renewal Notification Due Date: 90 13. Lease Termination Date: April 30, 2016 14. Lease Duration: 5 years SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: April 28, 2011 16. Rent Due Date: First of Month 17. Calculation of Rental Increase(s): CPI or 4% which ever is higher Lease Agreement Cover Sheet—Page 1 of 2 SECTION 4 - LEASEHOLD EXCISE TAX: 18. Is this lease subject to leasehold excise taxes? ® YES (go to Question 19) ❑ NO, reason: 19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly collected from the tenant by the Washington State Department of Revenue? ❑ YES (attach written verification received directly from DOR or indirectly through the tenant, e.g. DOR notification letter) ® NO (go to Question 20) 20. Does Lease Rent include Leasehold Excise Tax? (Leasehold taxes must be broken out on the invoice and coded: Business unit.32500.0303) ❑ YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284) ® NO Calculate the leasehold excise tax (Stated Rent times .1284) SECTION 5 - APPLICABLITY OF UTILITIES: 21. Applicability of Utilities - Check all that utilities that are affected and indicate provider (e.g. City of Kent), Account Number or basis of exclusion. ❑ Does Not Apply ❑ Water: Soos Creek Water & Sewer ❑ Sewer: Soos Creek Water & Sewer ❑ Drainage: City of Kent, January 2011 ❑ Garbage: Allied Waste ❑ Electricity/Natural Gas: PSE SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: Tenant shall pay a late payment charge equal to five percent(5%) of the monthly rent not received within Five (5) calendar days of when due 23. Late Interest: Two percent (2%) per month SECTION 7 - OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc ® None (check box if no considerations) Lease Agreement Cover Sheet—Page 2 of 2 ADDENDUM ONE TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND CLEARWIRE, LLC A e14,,, LLC THIS LEASE ADDENDUM ONE is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and*CLEARWIRE, LLC, a Nevada limited liability company ("Tenant"), to lease a certain portion of Landlord's property legally described in Exhibit B to the Lease Agreement. This Addendum One amends that certain Lease Agreement entered into between Landlord and Tenant on or about March 7, 2006 (the "Lease"). -*Cleav Wifeless LLC +I'lQ- `�/ WHEREAS, pursuant to Section 2 of the Lease, the initial term commenced on April 28, 2006, and expires on April 27, 2011. Section 2 provides for one (1) extension term of five (5) years. Tenant and Landlord desire to extend the term of the Lease for the extension term which will run from April 28, 2011, to April 30, 2016; NOW THEREFORE, the Landlord and Tenant hereby agree and covenant as follows: 1. Lease Term. The term of the Lease extension shall be for a term of five (5) years and shall commence on April 28, 2011 (the"Commencement Date") and shall end on April 30, 2016 (the "Termination Date"). 2. Rent. Section 3.a. of the Lease shall be amended as follows: 3.a. Beginning on the Commencement Date, Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND DOLLARS AND NO/100 ($2,000.00), plus, if required by law, leasehold tax at a rate established by the State of Washington, currently 12.84%. Subsequently, the Rent shall be paid in advance, on or before the first day of the month during the term hereof. Rent shall be mailed to: , City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. 3. Certification. Tenant hereby certifies to Landlord that the Lease is in full force and effect and that there are no uncured defaults on the part of the Landlord under the Lease. 4. Entire Agreement. Except as amended by this Addendum One, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum One. ADDENDUM ONE TO LEASE AGREEMENT - Page 1 (Between City of Kent and T- @ Wilson Playheld) Cjca�, WIfe1FSs LLG W4 -te,�13Q IN WITNESS WHEREOF, the parties hereto have executed this Addendum One, which shall take effect on the last date signed below. LANDLORD: TENANT: Cleo, W;,;eless LLC �k�a CITY OF KENT CLEARWIRE, LLC By: �� By: Prin am : Suzette Cooke Print Name: RUSSELLTHOMPSON It Ma or Its: DIRECTOR-TECHNICAL OPERATIONS Da e: Date: APR 0 5 2011 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the 16 day of �L , 2011, I know or have satisfactory evidence that Is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its /1�0— , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. If s o ?o R` NOTARY PUBLIC, in for the State of ashington A �o "� residing at B_'\ _- My appointment expires ADDENDUM ONE TO LEASE AGREEMENT - Page 2 (Between City of Kent and Clearwire, LLC @ Wilson Playheld) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2011, I know or have satisfactory evidence that 1 l is the person who appeared before me, and said person acknowledged tha he she signed this instrument, on oath stated that e he is authorized to execute the instrument on behalf of Ci:EA1ZVffiK-,)f as its 01 ✓''cjk)/ _, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. �Qo ,r 1,»i�(QsS l,l,c-� p�WQV-? J,s�_ -Notary Seal //Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, A nd for the State of Washington ` • N= residing at _ ILIC�J G CAIINN y% Q�al. _=_ _= My appointment expires AZ `WASM'll�'Z% P\Civil\Files\Open Ries\0863-CellTowerLeases\Cleamire\Cleamire-LeaseAddendumOne-WdsonPlayfield Renewal doc i 0 ADDENDUM ONE TO LEASE AGREEMENT - Page 3 (Between City of Kent and Clearwre, LLC @ Wilson Playfield) 4400 Carillon Point p: 425-216.7600 Kirkland,WA98033 f 425-216-7900 www clear com CLEAR- March 11 2011 ria Certified Mail 7010 3090 0002 0391 4920 City Of Kent Attn: Facilities Superintendent 200 4a'Avenue South Kent, WA 98032 Re: NOTICE OF RENEWAL Our Ref: WA-TAC134 Site Location: 13037 SE 247`h pL. Kent,WA 98031 Dear Facilities Superintendent: With reference to the Communication Site Lease Agreement (Tower) entered into between Clearwire LLC and City of Kent dated March 7, 2006 ("Agreement")please accept this letter as formal notice of our intent to renew the Agreement for an additional 5 years Renewal Term in accordance with Section 2. As the initial term of this Agreement is scheduled to end April 27, 2011 we confirm that _ _unless we hearSrom-yQuon the contrary the first renewal period will run from April 28, _ 2011 through April 27, 2016. We greatly appreciate the opportunity to continue leasing space from the City of Kent If you have any questions please feel free to contact Tiffany Lee at(425) 247-7233. Sincerely, Ti y e Rea Estat peciahst Cc: File, City of Kent Attn: City Clerk 220 4`h Ave South i Kent, WA 98032 Note: See paper file for copy of private and privileged message REQUEST FOR MAYOR'S SIGNATURE 0000",*4 KENT Please Fill in All Applicable Boxes WAanln4raN Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Charlie Lindsey Phone (Originator): 5081 Date Sent: 4/11/2011 Date Required: 4/15/2011 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 4/30/2016 VENDOR NAME: Clear Wireless LLC DATE OF COUNCIL APPROVAL: Brief Explanation of Document: Addendum One to Lease Agreement between City of Kent and Clear Wireless LLC for Wilson Playfield site. This addendum is for 5 years, the rent Increase each year either by the CPI or 4% which ever is greater. , 1 it , � Must Be Routed Through The Law Department Received: (This area to be completed by the Law Department) APR 12 2011 CiY t �- Kent �' S office e, the Approval of K6NTp}AW DEPT. Law Dept. Comments: Date Forwarded to Mayor: 41 I l 1 APO 1 5 2011 Received: CITY OF KENT CITY CLEIK Recommendations and Comments: Disposition: '7ZI16111 /" �/Z2of 4 Date Returned: