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Home My WebLink AboutL010-09 - Extension - Addendum #3 - Clear Wireless LLC - 285th St Water Tank Cellular Phone Tower - 06/15/2011 CITY CLERK KEN T CITY OF SENT 220 4`"Avenue South r"/ASH INOTON 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: L010-09-2 (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: Clear Wireless LLC 4. Tenant (Customer) Number: 128985 5. General Ledger Account Number: 41005550.56260 6. King County Tax Parcel Number: 182205-9055 7. Address of Parcel: 23825 981h Ave S Kent 8. Type of Lease: Addendum Three Commercial Property Rental Cell Tower 9. Council Authorization Date: N/A 10. Mayor Signature Date: 7/12/2006 SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: Addendum June 15, 2011 12. Tenant Lease Option Renewal Notification Due Date: 90 days prior to end date 13. Lease Termination Date: Addendum June 30,. 2016 14. Lease Duration: 5 years plus 15 Days SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: $2,000 plus Leasehold Tax 256.80 16. Rent Due Date: Fifth of each Month Lease Agreement Cover Sheet—Page 1 of 2 17. Calculation of Rental Increase(s): 4% or CPI over the prior 12 months which ever is higher 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: 5% of the Monthly Rent 23. Late Interest: 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 THREE TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND CLEARWIRE US LLC THIS LEASE ADDENDUM THREE is entered into on the date fully executed below by and between THE CITY OF ENT, a Washington municipal corporation ("Landlord") and , a Nevada limited liability company, with its principal office in Washington located at 4400 Carillon Point, Kirkland, Washington 98033 ("Tenant"), to lease a certain portion of Landlord's property legally described in Exhibit B to the Lease Agreement. This Addendum Three amends that certain Lease Agreement entered into between Landlord and Tenant on or about April 20, 2006, Addendum One entered into between Landlord and Tenant on or about December 6, 2006 and Addendum Two entered into July 27, 2007 (collectively the "Lease"). G'1 Pa W�rcltss LL-C, ` oe � i*. � It s.t M Cltar�;rc VS L, , . 1 ^ WHEREAS, pursuant to Section 2 of the Lease, the initial term commenced on June 15, 2006, and expires on June 14, 2011. Section 2 provides for one (1) renewal term of five (5) years. Tenant and Landlord desire to renew the term of the Lease for the renewal term plus an additional fifteen (15) days, which will run from June 15, 2011, to June 30, 2016; NOW THEREFORE, the Landlord and Tenant hereby agree and covenant as follows: 1. Lease Term. The term of the Lease renewal shall be for a term of five (5) years plus fifteen (15) days, and shall commence on June 15, 2011 (the "Commencement Date") and shall end on June 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. Rent for any partial month shall be prorated. 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. ADDENDUM ONE TO LEASE AGREEMENT - Page 1 (Between City of Kent and Clearwire US LLC @ 285th Street Tank/Tower) 4. Enure 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 One, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT By: By:. ,t cccLix Print N Suzette Cooke Print Name: _ IYIrY!°l r I s: Ma or Its:0I mrik'Utrk- CkOlMffivkJ- D e: Date: 6►'L314DLI STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the /Z day ofh-- , 2011, I know or have satisfactory evidence that 5aZer�z dire 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 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 yerA%� goove written. I'''4 TA . y NOTARY PUBLIC in and for the State of Washington AV8 =0_ residing at My appointment e plies '�P-�L a l 1 l O;W AS�,````�� ADDENDUM ONE TO LEASE AGREEMENT - Page 2 (Between City of Kent and Clearwire US LLC @ 28Yh Street Tank/Tower) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the ' J �da of, , 2011, I know or have satisfactory evidence that A'Y1a-r v� 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 exec t the i strument on behalf of Delaware corporation, as its , 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 Wlthrn This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. tAo 1hj,'} p;� NOTARY LIC Ina d for the St to of Washington residing at cnA �t1ELt0 �� My appointment expires _��VIA c�'oF `p P\Civil\Files\Open Files\0863-CellTowerLeases\Cleamire\Cleamire-LeaseAddendumThree-285th Street Renewal doc ADDENDUM ONE TO LEASE AGREEMENT - Page 3 (Between City of Kent and Clearwire US LLC @ 285`h Street Tank/Tower) REQUEST FOR MAYOR'S SIGNATURE `r KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUG THE LAW DEPARTMENT) �^ Reviewed by Parks Director Originator: Charlie Lindsey Phone (Originator): 5081 Date Sent: 9/9/2011 Date Required: 9/14/2011 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 6/30/2016 VENDOR NAME: Clear Wire LLC DATE OF COUNCIL APPROVAL: N/A Brief Explanation of Document: Addendum Three to Lease Agreement for Pump Station 285 for a cell site. The Addendum is for a 5 year period. We increased the rent to $2,000 per month. racts Must Be Routed Through The Law Department SEP 12 2011 (This area to be completed by the Law Department) Received: Anii ;; ��11 ,t Approv L�w`A#:DEPT p; U� Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff LL Itt's Received: i U Recommendations and Comments: CITE`Os r=t�T Disposition: /,611/ Date Returned: