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Home My WebLink AboutL008-09 - Other - Addendum #3 - T-Mobile West Corporation - Centennial Building Cellular Phone Tower - 03/01/2011 CITY CLERK N T CITY OF KENT � KE W A S H I N G T O N 220 41h Avenue South Kent, WA 98032 Fax: 253-856-6725 PHONE: 253-856-5725 Lease Agreement Cover Sheet This document is to be used in lieu of the Contract Cover Sheet SECTION 1 — CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: L008-09-2 (to be completed by Clerk's Office) 1. Responsible Department/Division: Parks/Facilities 2. Contact Person and Title: Charlie Lindsey, Supertindent Parks Facilities Telephone Extension: 5081 3. Tenant (Customer) Name: T-Mobile USA, Inc. 4. Tenant (Customer) Number: 64567 5. General Ledger Account Number: P20072.56250 6. King County Tax Parcel Number: 982570-0566 7. Address of Parcel: 400 W. Gowe 8. Type of Lease: Addendum Three-Commercial Property Rental CC 9. Council Authorization Date: Original Lease 1/16/2001 10. Mayor Signature Date: 5/2011 SECTION 2 — LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: Addendum Start Date 3/1/2011 12. Tenant Lease Option Renewal Notification Due Date: 120 days prior to commencenment of successive renewal term 13. Lease Termination Date: 2/29/2016 14. Lease Duration: 3/1/2011 SECTION 3 — RENT DETERMINATION AND DUE DATE: 15. Rent: $1,800 plus $100 for utilities per month 16. Rent Due Date: 1st of Month 17. Calculation of Rental Increase(s): CPI or 4% which ever is greater 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: ❑ Sewer: ❑ Drainage: ❑ Garbage: ❑ Electricity/Natural Gas: SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: 23. Late Interest: 1 1/2 % per month on the amount outstanding if not when due. 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 Site 4: SE04003A Site Name- Centennial ADDENDUM THREE TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND T-MOBILE WEST CORPORATION THIS LEASE ADDENDUM THREE ("Addendum Three") is entered into on the date fully executed below by and between THE CITY OF KENT, a Washington municipal corporation ("Landlord") and T-MOBILE WEST CORPORATION, a Delaware corporation, as successor-in-interest to Voicestream PCS III Corporation, a Delaware corporation ("Tenant"), for certain rooftop space and certain interior space at the building located at 400 W. Gowe, Kent, Washington. This Addendum Three amends that certain Lease Agreement entered into between Landlord and Tenant on or about January 18, 2001, together with Addendum One to Lease Agreement Between the City of Kent and T-Mobile West Corporation ("Addendum One"), entered into between Landlord and Tenant on or about June 27, 2006, and Addendum Two to Lease Agreement between the City of Kent and T- Mobile West Corporation ("Addendum Two'), entered into between Landlord and Tenant on or about November 20, 2006 (collectively, the "Lease"). Landlord and Tenant are sometimes collectively referred to herein as the "Parties". WHEREAS, pursuant to Section 1 of the Lease the initial term commenced on March 1, 2001, and expired on March 1, 2006, and pursuant to Section 1 of Addendum One the first Lease extension commenced on March 1, 2006, and expires February 28, 2011. Section 1 of the Lease provides for three (3) renewal terms of five (5) years each. Tenant and Landlord desire to extend the term of the Lease for the second renewal term which will run from March 1, 2011, to 11:59 p.m. on February 29, 2016; NOW THEREFORE, Landlord and Tenant hereby agree and covenant as follows: 1. Lease Term. The second renewal term of the Lease shall be for a term of five (5) years and shall commence on March 1, 2011 (the "Second Renewal Term Commencement Date") and shall end on February 29, 2016, unless renewed by the Parties pursuant to the Lease. 2. Rent. Section 2.a.(1) of the Lease shall be amended as follows: 2.a.(1). Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of ONE THOUSAND EIGHT HUNDRED DOLLARS AND NO/100 ($1,800.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, commencing on the Second Renewal Commencement Date. Subsequently, the Monthly Rent shall be paid in advance, on ADDENDUM THREE TO LEASE AGREEMENT - Page 1 (Between City of Kent and T-Mobile West Corporation @ Centennial) 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. Notwithstanding anything to the contrary herein, the first and second payment of the Monthly Rent shall be due and payable within thirty (30) days of the Addendum Three Effective Date (as defined below). 3. Certification. The Parties hereby certify to each other that the Lease is in full force and effect and that there are no uncured defaults on the part of the either party under the Lease. 4. Entire Agreement. Except as amended by this Addendum Three, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Three. IN WITNESS WHEREOF, the Parties hereto have executed this Addendum Three, which shall take effect on the last date signed below ("Addendum Three Effective Date"). LANDLORD: TENANT: CITY OF KENT T-MOBILE EST CORPORATION By: By: Pri me- Suzette Cooke Print Name. i a Lanba I a Its. Regional Director of Engineering & Operations, PNW Region Date: 8 `� Date: Todd Ru99iero STATE OF WASHINGTON ) _4110422 14 sa sa-aroo' ss. COUNTY OF KING ) I hereby certify that on the /?Achy of _ 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 — , and such execution to be the free and voluntary act of such party for he uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- ,kA\M1f014l &S WHEREOF, I have hereunto set my hand and official seal the day and Q q!qUipntten �0 EXp,4ry �C2,,6E-W �d+�hl /Y"_-_�/�� A 1;0 Zp % sae P �/P1�v65 J pue�\ < 0 NOTARY PUBLIC, in and for the S to of Washington �i 7-1g ,=CNN_= residing at My appointment e pires 7=� '-�z- STATE OF WASHINGTON ) SS. COUNTY OF KING ) I hereby certify that on the day of , 20111 I know or have satisfactory evidence that I rrr bbz is the person who appeared before me, and said person acknowledged that �he signed this Instrument, on oath stated that he/she is authorized to execute the Instrument on behalf of T-MOBILE WEST CORPORATION, a Delaware corporation, as Its QO �ou1 iI( v5 and such execution to be the free and voluntary act o such party for theuse's dnd 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 DAWN M FANN NOTARY PUBLIC (f)(illip STATE OF WASHINGTON NO ARY PUBLIC, Ic^;and^f� tate of Washington COMMISSION EXPIRES residingat 4101]�Z'L�i JULY 29, 2014 My appointment expires -- P\0wl\Flles\0pen Files\0863-CeliTowerLeases\T-Mobiie Flea voices[ream\T-Mobile-LeaseAddendumThnee-Ce tennlal Renewal doc ADDENDUM THREE TO LEASE AGREEMENT - Page 3 (Between City of Kent and T-Mobile West Corporation @ Centennial) REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Charlie Lindsey Phone (Originator): 5081 Date Sent: 5/13/2011 Date Required: 5/18/2011 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 2/29/2016 VENDOR NAME: T-Mobile Lease DATE OF COUNCIL APPROVAL: 1/16/2001 Agreement Brief Explanation of Document: Addendum Three to Lease Agreement Between the City of Kent and T-Mobile West Corportation for Cell Tower installed on the Centennial Center. el"\ Protracts Must Be Routed Through The Law Department �.� — MAY 17 2011 (This area to be completed by the Law Department) Received: ApprovalbfL iw &ApW DEPT Law Dept. Comments: Date Forwarded to Mayor: n ciw cF K��r Received Recommendations and Comments:,57/ f /0�,&�� `'�� Disposition: