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Home My WebLink AboutL002-09 - Extension - Addendum #1 - Nextel Communications - West Fenwick Park Cellular Phone Tower - 06/30/2006 CITY CLERK KEN T CITY OF SENT 220 4`" Avenue South WASNINGTON 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: L002-09 (to be completed by Clerk's Office) 1. Responsible Department/Division: Parks/Facilties 2. Contact Person and Title: Rosalie Telephone Extension: 5083 3. Tenant (Customer) Name: Nextel West Corp. 4. Tenant (Customer) Number: 138299 5. General Ledger Account Number: P20072.56250 6. King County Tax Parcel Number: 272204-9005 7. Address of Parcel: 3824 Reith Road Kent 8. Type of Lease: Addendum One Commercial Property Rental (West Lake Fenwick Park Cell Tower). 9. Council Authorization Date: 6/6/2006 10. Mayor Signature Date: 6/21/2006 SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: Addendum June 30, 2011 12. Tenant Lease Option Renewal Notification Due Date: 90 days prior to end date 13. Lease Termination Date: Addendum June 29,. 2016 14. Lease Duration: 5 years 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 i 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 ONE TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEXTEL WEST CORP. THIS LEASE ADDENDUM ONE ("Addendum One") is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and NEXTEL WEST CORP., a Delaware corporation ("Tenant"), erroneously identified in the Lease (as that term is defined below) as NEXTEL WEST CORPORATION, a Delaware corporation, d/b/a Nextel Communications. This Addendum One amends that certain Lease Agreement entered into between Landlord and Tenant on or about June 21, 2006 (the "Lease") to lease a certain portion of Landlord's property legally described in Exhibit B. WHEREAS, pursuant to Section 2 of the Lease the initial term commenced on June 30, 2006, and expires on June 29, 2011. Section 2 provides for two (2) extension terms of five (5) years each exercisable by Tenant as set forth therein. Tenant and Landlord desire to extend the term of the Lease for the first extension term which will run from June 30, 2011, through June 29, 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 June 30, 2011 (the "Extension Term Commencement Date") and shall end on June 29, 2016 (the "Termination Date"). 2. Rent. Section 3.a. of the Lease shall be amended as follows: 3.a. Beginning on the Extension Term 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. Notwithstanding anything contained in the Lease to the contrary, the Monthly Rent for the period June 30, 2011 through January 31, 2012 shall be due and payable within fifteen (15) business days of full execution of this Addendum One. 3. Certification. Tenant hereby certifies to Landlord, to the best of Tenant's actual knowledge, 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. WA0738-A-REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT - Page 1 (Between City of Kent and Nextel West Corp. @ West Fenwick Park) 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. 5. Notices. Tenant's addresses for notice set forth in Section 28 of the Lease are hereby deleted in their entirety and replaced with the following: If to Tenant, to: Sprint Nextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 With a mandatory copy to: Sprint Nextel Law Department Mailstop: KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Attn: Real Estate Attorney 6. General Terms and Conditions. (a) All capitalized terms used in this Addendum One, unless otherwise defined herein, will have the same meaning as the terms contained in the Lease. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained in this Addendum One, the terms and conditions herein will control. (c) This Addendum One may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under 9 P Y Y p P 9 this Addendum One. 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 K T NEXTEL WEST CORP.. By: By: � � �. �b�csr✓taC Print a Suzette Cooke Print Name: Deborah S Howard it a rz I Its: Authorized ReDresentative Date: Date: 1 Zq fz WA0738-A-REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT - Page 2 (Between City of Kent and Nextel West Corp. @ West Fenwick Park) STATE OF WASHINGTON ) ss. COUNTY OF KING ) / ��j� I hereby certify that on the � day of a� �' 201Z I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she Is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, 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. -z�9 13R►G rite cola°1ak` NOTARY PUB C, in and f� ate of Washington z residing at (P 'USO 0_ My appointment &pires '7 Z__ ' C9 �C WIN ��`� ' WA0738-A-REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT - Page 3 (Between City of Kent and Nextel West Corp. @ West Fenwick Park) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On January 24, 2012 before me, Kelly A. McDonough, Notary Public, personally appeared Deborah S. Howard who proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within Instrument and acknowledged to me that she executed the same In her authorized capacity, and that by her signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -Notary Sea/Must Appear Wlthln Thrs Box- WITNESS my hand and official seal. V� NOTARY UBLIC, in and fdY4h e Cal frimia My appointment expires KELLY A.MCDONOUGH COMM. #1944439 Z 61MV Notary Public -California a Orange County Comm 16,2015' WA0738-A-REITH ROAD ADDENDUM ONE TO LEASE AGREEMENT - Page 4 (Between Gty of Kent and Nexte! West Corp. @ West Fenwick Park) f� REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Reviewed by Parks Director Originator: Rosalie Givens Phone (Originator): 5083 Date Sent: 1/27/2012 Date Required: 1/31/2012 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 6/29/2016 VENDOR NAME: Nextel West Corp. DATE OF COUNCIL APPROVAL: 6/6/2006 Brief Explanation of Document: Addendum One to Lease Agreement with Nextel West Corp. for Cell Tower Site located on pole at West Fenwick Park. This Addendum will be from 6/29/2011 through 6/29/2016. S wed( h t1c `� oh i fz' [(2 . —JL� -6 u-s All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: ECEI Y GD Approval of Law Dept.: JAN 2 7 2012 _ Law Dept. Comments: NT LAW DEPT. Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration taff Received: ZEt3l 7111ti `,,� Recommendations and Comments: � R /Aj Disposition: Date Returned: