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Home My WebLink AboutL004-09 - Amendment - #1 - T-Mobile West Corporation - Pump Station No. 5 Cellular Phone Tower - 09/27/2010 CITY CLERK KENT CITY OF KENT W.s H I N c r o» 220 4`'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 i - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: L004-09 (to be completed by Clerk's Office) 1. Responsible Department/Division: Public Works 2. Contact Person and Title: Kevin Swinford Telephone Extension: 5613 3. Tenant (Customer) Name: T-Mobile USA, Inc 4. Tenant (Customer) Number: 105164 5. General Ledger Account Number: 41005550.56260 6. King County Tax Parcel Number: 182205-9055 7. Address of Parcel: 23825 98th Ave S, Kent 8. Type of Lease: First Amendment to Lease Ageement 9. Council Authorization Date: 9/20/2005 10. Mayor Signature Date: 5/2011 SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 9/25/2010 12. Tenant Lease Option Renewal Notification Due Date: 90 days prior to end date 13. Lease Termination Date: 9/26/2015 14. Lease Duration: 5 years SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: $2,000.00 16. Rent Due Date: 9/27/2010 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: SECTION 7 — OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc Tenant agrees to pay Landlord True up payment in order to fully and completely compensate Landlord for any unpaid increase in Monthly rent due from 10/10/2010-5/1/2011 (approximately seven months) based upon the now agreed upon New monthly rent. ❑ None (check box if no considerations) Lease Agreement Cover Sheet—Page 2 of 2 Site#: SE04024A Site name: East James FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND T-MOBILE WEST CORPORATION This first amendment to lease agreement ("First Amendment") is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and T-MOBILE WEST CORPORATION, a Delaware corporation, as successor-in-interest to Voicestream PCS III Corporation, a Delaware corporation ("Tenant") and amends that certain Lease Agreement entered into between Landlord and Tenant's predecessor-in-interest on or about September 23, 2005 (the "Lease"). WHEREAS, pursuant to Section 2 of the Lease, the initial term commenced on September 27, 2005, and expired on September 26, 2010. Section 2 provides for two (2) extension terms of five (5) years each. Tenant and Landlord desire to extend the term of the Lease for the first extension term which will run from September 27, 2010, to September 26, 2015. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree and covenant as follows: 1. Lease Term Extension. Tenant hereby formally extends the term of the Lease through the first renewal term as is its right under Section 2 of the Lease. The term of the Lease extension shall be retroactive for a term of five (5) years commencing on September 27, 2010 and shall extend the term of the Lease until September 26, 2015. Tenant retains the right to further extend the Lease for the second additional five (5) year period under the original terms of the Lease. 2. New Monthly Rent. Tenant and Landlord acknowledge that as of the commencement of the first renewal term (September 27, 2010), the current Monthly Rent paid by Tenant has been One Thousand Five Hundred Forty and 70/100 Dollars ($1,540.70) per month; (n) they desire to reset the Monthly Rent, effective as of the commencement of the first renewal term, to Two Thousand and 00/100 Dollars ($2,000.00) (the "New Monthly Rent"). In order to effectuate such change, the parties hereto agree that as of May 1, 2011, Tenant's future Monthly Rent payments will increase to the New Monthly Rent amount (subject to annual increases in compliance with Section 3(c) of the Lease); and that within thirty (30) days of the full execution of this First Amendment, Tenant shall also make a one- time payment to Landlord in the amount of Three Thousand Two Hundred Fifteen and 10/100 Dollars ($3,215.10)(the "True Up Payment") in order to fully and completely compensate Landlord for any unpaid Monthly Rent due from September 27, 2010 to May 1, 2011 (approximately 7 months) based upon the now agreed upon New Monthly Rent. ADDENDUM ONE TO LEASE AGREEMENT - Page 1 (Between City of Kent and T-Mobile West Corporation @ Pump Station No. 5) Site#: SE04024A Site name East James The True Up Payment was calculated as follows: 7 months x $2000 per month ($14,000)(which represents the amount actually owed by Tenant) MINUS $1,540.70 x 7 ($10,784.90; which represents amounts previously paid by Tenant) _ $3,215.10. Provided the True Up Payment is timely made, Landlord hereby waives and releases any and all claims, causes of action, damages, interest, fees or penalties associated with or arising from Lessee's failure to pay past due Monthly Rent under the terms of the Lease during the period of September 27, 2010 up and until May 1, 2011. 3. Update of Tenant's Notice Address. Tenant's notice addresses listed in section 28 of the Lease are hereby deleted in their entirety and replace in full with the following: If to Tenant, too T-Mobile USA, Inc. 12920 SE 38"' Street Bellevue, WA 98006 Attn: PCS Lease Administrator/ SE04024 With a copy to: Attn Legal Dept. / SE04024 And with a copy to: T-Mobile West Corporation 19807 North Creek Parkway N Bothell, WA 98011 Attn: Lease Administration Manager/ SE04024 With a copy to: Attn: Legal Dept. / SE04024 4. Certification. Tenant hereby certifies to Landlord that the Lease is in full force and effect and that there are no uncured defaults known to Tenant on the part of the Landlord under the Lease. 5. Incorporation. The terms and conditions of the Lease and the recitals above are incorporated herein by this reference, and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the Parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this First Amendment, the terms and conditions of this First Amendment will govern and control. ADDENDUM ONE TO LEASE AGREEMENT - Page 2 (Between City of Kent and T-Mobile West Corporation @ Pump Station No. 5) Site#: SE04024A Site name. East James 6. No Consent of Third Parties. Landlord represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third party consent or approval is required, Landlord has obtained any and all such consents or approvals. 7. Signature Authority. The persons who have executed this First Amendment represent and warrant that they are duly authorized to execute this First Amendment in their individual or representative capacity as indicated. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment which shall take effect on the last date signed below (the "First Amendment Effective Date"). LANDLORD: TENANT: CITY OF KENT T-MOBILE EST CORPORATION B By: P n Nafn : Suzette Cooke Print Nam ba is Or Its Regional Director of n meenne and Operations o es egov ate: 8 l/ Date: a ofg 111-1nea—1l,—"rl h Joel Linderoth `"'�°"°'�`-L°"'°'°°°° e 7 Foeie115 oaip zm M22 1 30 07 i oan iv aom avao' ADDENDUM ONE TO LEASE AGREEMENT - Page 3 (Between City of Kent and T-Mobile West Corporation @ Pump Station No. S) Site#: SE04024A Site name East James STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of , 2011, I know or have satisfactory evidence that .5 _ 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 A— , and such execution to be the free and voluntary act of such party forte 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 Y +'` t �a�4y� written. NOTARY PUBLIC irlsnnd for th� of Washington 118 1`Z.' A� = residing at \�O` My appointment exp es Z-- OF WIN, 5 ADDENDUM ONE TO LEASE AGREEMENT - Page 4 (Between City of Kent and T-Mobile West Corporation @ Pump Station No 5) Site#: SE04024A Site name. East James STATE OF WASHINGTON ) : SS. COUNTY OF KING ) i ►, I hereby certify that on the (^ day of 2011, I know or have satisfactory evidence that Y-,du jtAa IanlDo- he person who appeared before me, and said per K-sA acknowledged that � e 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 QvaiawA k l� ��Yl 'bS, and such execution to be the free and voluntary act "such such party for the ue'es Acl purposes mentioned In the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, ve hereunto set my h nd and official seal the day and year first above written Mill DAWN M. FANN NOTARY PUBLIC OTARY PUBLIC, in and for the State of Washington STATE OF WASHINGTON esldmg at COMMISSION EXPIRES y appointment expires JULY 29 2014 INSIRM P\CMI1Ales\Open Files\0863-ceirrmerLeases\VolmSte m\T-Mobile-LeaseAddendumOne-PumpStatbn5 Renewal doc ADDENDUM ONE TO LEASE AGREEMENT - Page 5 (Between City of Kent and T-Mobile West Corporation @ Pump Station No. 5) \ REQUEST FOR MAYOR'S SIGNATURE KtNT Please Fill in All Applicable Boxes Y 17 wl. h 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: 9/27/2010 VENDOR NAME: T-Mobile Lease DATE OF COUNCIL APPROVAL: 9/20/2005 Amendment Brief Explanation of Document: First Amendment to Lease Agreement Between the City of Kent and T-Mobile West Corportation for Cell Tower installed at City of Kent Pump Station 5. r° Ayz o%rF cts Must Be Routed Through The Lawn Department MIAY 17 2011 (This area to be completed by the Law Department) Received: Approval ofKaEwND�ept�.: W DEPT. ' Law Dept. Comments: I { f f-, Date Forwarded to Mayor: ;"1� � i6 i11 iY i Received: Recommendations and Comments: G��/ �,,,( f�2�h , Disposition: