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HomeMy WebLinkAboutL003-09 - Extension - Addendum #2 - T-Mobile West LLC - Riverbend Driving Range Cellular Phone Tower - 07/17/2013 CITY CLERK ry/po ry^ CITY OF KENT W a s H u¢r o s 220 4"Avenue South Kent, WA 98032 Fax: 253-SS6-6725 j 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: '. (t6 be completed by Clerk's Office) 1+t!yy€/+ 0riP 1. Responsible Department/Division: ECD 2. Contact Person and Title: Kurt Hanson Telephone Extension: 5706 3. Tenant (Customer) Name: T-Mobile West LLC 4. Tenant (Customer) Number: 54412 5. General Ledger Account Number: P20072.56250 - 800/b 10004115.56250 - 20% 6. King County Tax Parcel Number: 232204-9011 (partial) 7. Address of Parcel: 2020 West Meeker Street, Kent 8. Type of Lease: Addendum Two - Commercial Property Rental (Riverbend Driving Range Cellular Phone Tower) 9. Council Authorization Date: N/A 10. Mayor Signature Date: SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: July 17, 2013 12. Tenant Lease Option Renewal Notification Due Date: 90 calendar days prior to the end of the term then in effect 13. Lease Termination Date: July 16, 2018 14. Lease Duration: Five years; No remaining options to renew. SECTION 3 - RENT DETERMINATION AND DUE DATE: 15, Rent: $2,400/month (excludes leasehold excise tax) Lease Agreement Cover Sheet—Page 1 of 3 16. Rent Due Date: 17th of each month 17. Calculation of Rental Increase(s): Annual rent during years 2-5 of each five year term shall be increased effective as of the first anniversary of the Commencement Dated by an amount equal to the great of four percent (4%) or the percentage increase in the CPI over the CPI for the month 12 months prior to the adjustment date. "CPI" means the Consumer Price Index for All Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor statistics for the United States Department of Labor (1982-84 = 100). 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: No services ❑ Sewer: No services ® Drainage: Paid by City ❑ Garbage: No services ® Electricity/Natural Gas: Puget Sound Energy SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES: I Lease Agreement Cover Sheet—Page 2 of 3 I i 22. Monetary Penalties: 5% of the annual rent for any payment not paid within 5 calendar days of when due (171h of the month) 23. Late Interest: 2% per month on the amount outstanding if not when due (17th of the month) SECTION 7 — OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc. Section 24 of the Lease Agreement establishes a rental rate of two times the rents specified for any holding over period after the expiration of the lease term. Lease Agreement Cover Sheet—Page 3 of 3 I i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND T-MOBILE WEST LLC THIS ADDENDUM TWO to the Lease Agreement ("Addendum dum Two") is entered Into on the date fully executed below (the"Addendum Two Effective Date") by and between THE CITY OF KENT, a Washington municipal corporation ("Landlord") and T-MOBILE WEST LLC, a Delaware limited liability company, formerly known as T-Mobile West Corporation, a Delaware corporation, as successor-in- interest to Voicestream PCS III Corporation, a Delaware corporation ("Tenant"), to lease a certain portion of Landlord's property legally described In Exhibit B to the Lease Agreement. This Addendum Two amends that certain Lease Agreement entered into by and between Landlord and Tenant, or their predecessors-in-interest, on July 2, 2003, together with Addendum One thereto entered into by and between Landlord And Tenant, or their predecessors-in-interest, on September 18, 2008 (collectively, the "Lease"), RECITALS A. Pursuant to Section 2 of the Lease, the initial Lease Term commenced on July 17, 2003, and expired on July 16, 2008. Landlord and Tenant then entered Into an Addendum One to Lease to extend the Lease Term, which commenced on July 17, 2008, and expired on July 16, 2013. B. Section 2 of the Lease provided for two (2) successive extension terms of five (5) years each. Tenant exercised its first option to extend the Lease in Addendum One. C. Tenant notified Landlord by letter dated May 2, 2013, that it wishes to exercise its second option to extend the Lease. Tenant and Landlord now desire to enter into this Addendum Two to: (i) formally extend the term of the Lease for the second extension term which will commence retroactively on July 17, 2013 and run through and including July 16, 2018; (ii) modify the Monthly Rent to retroactively commence as of the second extension term, and (III) modify Tenant's notice address. AGREEMENT 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 retroactively on July 17, 2013 (the "Addendum Two Commencement Date") and shall expire at midnight on July 16, 2018 (the "Termination Date"). 2, Rent. Section 3.a, of the Lease shall be amended as follows: ADDENDUM TWO TO LEASE AGREEMENT - Page I (Between City of Kent and T-Mobile West Corporation (July 17, 2013) @ Riverbend Golf Course) T-Mobile Site ID: SE04019C, Riverbend Golf Course 3.a. Tenant agrees to pay Landlord, as a revised Monthly Rent, without notice or demand, the sum of TWO THOUSAND FOUR HUNDRED DOLLARS AND NO1100 ($2,400.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, commencing on the Addendum Two Commencement Date. Subsequently, the Rent shall be paid in advance, on or before the first day of the month during the term hereof subject to the following: (1) All Monthly Rent previously paid by Tenant under the Lease from and after the Addendum Two Commencement Date shall be credited toward satisfaction of the newly adjusted Monthly Rent set forth above, and (ii) any past due Monthly Rent previously unpaid by Tenant under the Lease that is subsequently paid by Tenant to Landlord within sixty (60) days of the Addendum Two Effective Date shall be deemed paid on time and shall not be subject to any late fee, penalty or interest. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent, 3, Certification. Tenant and Landlord both hereby respectively certify that the Lease is in full force and effect and that to the best of their knowledge there are no known uncured defaults on the part of the other party under the Lease. 4. Notices. Modification to Section 28 of the Lease entitled, "Notices Tenant's notice address is hereby modified as follows: T-Mobile USA 12920 SE 38`" Street Bellevue, WA 98006 Attention: Lease Compliance/SE04019C 5. Entire Agreement. Except as amended by this Addendum Two, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Two. IN WITNESS WHEREOF,the parties hereto have executed this Addendum Two, which shall take effect on the last date signed below, LANDLORD: TENANT:. CITY OF KENT T- O EST LLC, a Washington municipal corporation a Dela a imited liability company t By: e- z .w B Prrnt,f a e:_ t c C-'mom , Pri acher ce Xts'; g Its: 15ate: r -- *** NOTARY BLOCKS CONTAINED ON THE FOLLOWING PAGES *** ADDENDUM TWO TO LEASE AGREEMENT - Page 2 (Between City of Kent and T-Mobile (Nest Corporation (July 17, 2013) @ Riverbend Golf Course) T-Mobile Site ID: SE04019C, Riverbend Golf Course it STATE OF WASHINGTON ) ss. COUNTY OF KING } I hereby certify that on the % day of ' T, 20 ,,,-I know or have satisfactoryevidence that Suzette Cooke is the person who j p 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 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 WC%f1gt above written.4.4 NOTARY PUBLIC, in and for the State of Washington i %• y&a00 z reslding�Y 7 i _ Cd My appointment expires ,fi_ 4 6 If e®�11WASON,mO I ADDENDUM TWO TO LEASE AGREEMENT - Page 3 (Between City of Kent and T-Mobile West Corporation (July 17, 2013) @ Riverbend Golf Course) T-Mobile Site ID: SE04019C, Riverbend Golf Course natcxrtzf��t�s� STATE OF WASHINGTON ) Please etgnct'ture ss. fir T IYteiV 6n Thyc>CiawiY7q Pric jef COUNTY OF KING ) I hereby certify that on the day of , 201, 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 4half of T-MOBILE WEST LLG, a Delaware limited liability company, as Its , and such execution to be the free and voluntary act of sufi party for the uses and purposes mentioned in the foregoing instrument. r' -Notary Seal Must Appear W4thin This Box- IN WITNESS WHEREOF, I have hereuntg set my hand and official seal the day and year first above written. ,d NO ARY PUBLIC, in and for the State of Washington siding at My appointment expires j I i P;\Civil\files\Open Fles\0863-GBIITowerLeaseS\T-Mobile fka VOIceStreamU-Mollie-LeaseAdtlendumTwo-RiverbendGOlfCourse.doc ADDENDUM TWO TO LEASE AGREEMENT - Page 4 (Between City of Kent and T-Moblle West Corporation (July 17, 2013) @ Riverbend Golf Course) T-Mobile Site ID: SE04019C, Riverbend Golf Course CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 7Stateof ial'IYGI Lo `l On .xattwlljtZOl�) relit" 2 (?oc��i0)c�z� beforeme, ¢ ateHere Insert Name anA Title the Officer Y-y1G� �xtt personally appeared t(,Y�L v� _ Names)of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(�i 1, and that by BEATAi2 RODRIdIlE2 hislheNtheir signature((( on tide instrument the Commission 1989638 ,I m Notary Public-California > person(,;,)', or the entit upon behalf of which the erso f acted, executed the instrument. San Bernardino County p (�) PAy Comm.Ea Ires Au 30,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seel Above Siy t o r 'Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: `•_ _N Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _ [_�Corporate Officer — Title(s):, W ❑Corporate Officer — Title(s): ❑ Individual WRINIMIRM, ❑ Individual ❑ Partner —❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney In Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: _ ❑Other: Signer Is Representing: Signer Is Representing: :g 2010 National Notary Association•NativnalNotary.org-1-800-US NOTARY(b800-876 6827) Item#5907 REQUEST FOR MAYOR'S SIGNATURE � Is T Please Fill in All Applicable Boxes Na. Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Cheryl Rolcik-Wilcox Phone Ori inator : x5771 Date Sent: :Auto/ *{ Date:Required: 3/�A/1,� Return Signed Document to: Cheryl Rolcik- CONTRACT TERMINATION DATE; 7/16/18 Wilcox VENDOR NAME: T-Mobile West LLC DATE OF COUNCIL APPROVAL. 6/17/03 ` Brief Explanation of Document: Lease Agreement extension fors years with T-Mobile for a cell tower at Riverbend. T- Mobile pays monthly rent of $2400/mo. The Lease extension term will commence retroactively on July 17 201-1 61- &pires on July 16, i2018. All Contracts Must Be Routed Through The Law Department { d V � , `(This area to be completed by the Law Department) Received: Approval of La Dept E Law Dept. Comments. , y _��. �, e `a Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration 't` Received: Recommendations and Comments: -$ ,�aF-•£ 2z°I'lF;� �ur't y�a�4 ;?`����'�a' �,,dy�z�.,f�..�,�.s'^."`r Disposition; ' Date Returned: