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HomeMy WebLinkAboutL001-09 - Extension - Addendum #2 - New Cingular Wireless PCS, LLC - West Fenwick Park Cellular Phone Tower - 02/12/2013 i .40000 CITY CLERK KENT CITY OF KENT VIA o,i i NOT ON 22.0 41"Avenue South j Kent, WA 98032 Fax: 253-856-6725 ' PHONE: 253-856-5725 i 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: L001-09-2 (to be completed by Clerk's Office) 1. Responsible Department/Division: ECD 2. Contact Person and Title: Kurt Hanson i Telephone Extension: 5706 3. -Tenant (Customer) Name: Cingufar Wireless 4. Tenant (Customer) Number: 64382 S. General Ledger Account Number: P20072,56250 - 100% 10004115r56250 :_ 20% of renewal up-lease amount 6. King County Tax Parcel Number. 272204-9005 (partial) 7. Address of Parcel: 3824 Reith Road, Kent 8. Type of Lease: Addendum Two - Commercial Property Rental (West Fenwick Park Cellular Phone Tower) 9. Council Authorization Date: N/A 10. Mayor Signature Date: SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: February 12, 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: February 11, 2018 14. Lease Duration: Five years - Four remaining additional five year option periods, Lease Agreement Cover Sheet—Page 1 of 3 i SECTION 3 — RENT.DETERMINATION AND CLUE DATE: 15, Rent: $28,800.00(year (excludes leasehold excise tax) 16, Rent Due Date: February 12 17. ,Calculation of Rental Fncrease(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 three percent (3%) or the percentage increase in the CPS 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). i SECTION 4 -- LEASEHOLD EXCISE,TAX: 18, Is this lease subject to leasehold excise taxes? © YES (go to Question ].9) ❑ 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? Y YES (attach written verification received directly from DOR or indirectly through the tenant, e,g. DOR notification letter) IUD (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: I 21, Applicability of Utilities -- Check all that utilities that are affected and indicate provider (e.g. City of Dent), Account.Number or basis of exclusion. ❑ Does Not Apply O Water:. No services Sewer: No services ( ] Drainage: Paid by City ❑ Garbage: No services ❑X Electricity/Natural Gas: Puget Sound Energy Lease Agreement Cover Sheet—Page 2 of 3 I i i SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: 5% of the annual rent for any payment not paid within 5 calendar days of when due (February 12) j 23. Late Interest- 2-0b per°month on,the°arnoluntl outstanding if not when dine (February 12) SECTION 7 — OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc None (check box if no considerations) I I II i Lease Agreement Cover Sheet—Page 3 of 3 i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC. i THIS LEASE ADDENDUM TWO is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, d/b/a. AT&T Mobility, successor-ln- interest to Pacific Bell Wireless Northwest, LLC, with its principal address of 575 Morosgo Drive NE, Suite 13-F, West Tower, Atlanta, GA 30324 ("Tenant"), for its wireless communications facility located at 4127 Reith Road., Kent, Washington ("Lake Fenwick"). This Addendum Two amends that certain Lease Agreement entered Into between Landlord and Tenant on or about October 8, 2002, together with Addendum One to Lease Agreement, with an effective date of February 2, 2009 (collectively, the "Lease"). RECITALS 1. Pursuant to Section 2 of the Lease the Initial term commenced on February 12, 2003, and expired on February 11, 2008. 2. Section 2 provided for three (3) extension terms of five (5) years each. Tenant exercised its flrst extension option in Addendum One, which extended the Lease term through February 11, 2013. 3. Tenant and Landlord desire to extend the term of the Lease for the second extension term which will run retroactively from February 12, 2013, to February 11, 2018. AGREEMENT Landlord and Tenant hereby agree and covenant as follows: 1. Term and Option to Renew: Section 2 of the lease shall be-amended to read as follows: The second Lease extension term shall be for a term of five (5) years and shall commence on February 12, 2013, (the "Commencement Date") and shall end on- February 11, 2018, (the"Termination Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for three (3) additional five (5) year periods, in addition to its one remaining extension option, subject to the adjustment of Annual Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety (90)_days before the end of the term then in effect. i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page I 2. Rent. All terms in Section 3 of the Lease regarding Annual Rent and the increases during the.renewal terms and the adjustments to Market Rent shall remain in full force and effect, except as provided below: a. Section 3.a. of the Lease shall be amended as follows: Tenant agrees to pay Landlord as Annual Rent, without notice or demand, the sum of Twenty-Eight Thousand, Eight Hundred and No/100 DOLLARS ($28,800.00), plus leasehold tax, if required by law. The Annual Rent shall be paid in advance, on or before the first day of the anniversary of the Commencement Date during the term hereof. Annual Rent shall be mailed to: City.of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. b. Section 3•d. of the Lease shall be amended as follows: The Annual Rent during years two (2) through five (5) of each five (5) year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of three percent (3%) or the percentage Increase in the CPI overthe 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). If the CPI is converted to a different standard reference base or otherwise revised,the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics. 3, Tenant Improvements, Plans, Bonds. All terms in Section 5 of the Lease regarding Tenant Improvements shall remain In full force and effect, except as provided below: a. Section 5.a.1. of the Lease shall be amended as follows: Tenant may, improve the Premises by constructing wireless communications antennas on an existing Puget Sound Energy pole, and constructing related wireless communications ground equipment, support structures and cables. Tenant is required, as part,of this Lease, to complete all the items listed in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment for the items listed in Exhibit D. Prior to commencing construction on any improvements, Tenant shall provide Landlord•with forty-.eight (48) hours' notice. Consent by Landlord is not required, provided improvements are only constructed within the Premises, and that all necessary permits have been properly issued. Tenant shall provide Landlord with a copy of all plans and specifications drawn to scale for all Improvements no later than sixty (60) days after construction of improvements is complete. The waiver of consent does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, whose schedule is governed by applicable law. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 2 A i b. Section 5.a.4. of the Lease shall be amended as follows: Improvements or modification's are subject to'the conditions set forth In section a.(I.), (2) and (3) above. i 4. 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. 5. General Terms &Conditions. (a) 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. — (b) In case of any Inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained in this Addendum Two, the terms and conditions herein will control (c) This Addendum Two 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 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 NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: By:4L,, 1 Prin e, Y VAe m© Print Name: Its. Its: Geri Roper is on ngineering-PNW Da aA I.X Dater I I ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK'— Page 3 ( / I STATE OF.WASHINGTON ) ss. COUNTY OF KING } I hereby certify that on the 44 day of , 2013, I know or have satisfactory evidence that -azlZ-f C.00Ate-- 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 >�1Jif' ' 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 Withln This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. �(J/ o`s}oTP a',fiS� i NOTARY PUBLIC, in and for the St to of Washington residingpe i,>r f /'2 My appointment expires 7 �tit 4A �. i I ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK - Page 4 STATE OF OREGON ) ss. COUNTY OF WASHINGTON) I hereby certify that on the Z day of a4ta 2013, 1 know or is the appeared before me,land said person acknowledged gedged t C igned person who satisfactory _ on oath stated that he/,,&is authorized to execute the instrument on behalf of AT&T Mobility Corporation, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, as its Are A— J7?a�n� er 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 writt OFFICIAL SEAL KOHERINE E MK zrt n e E 2/ NOTARY PUBUO.OREGO commis IoN Nn1 589 ARY PUBLIC, in and for the State of Oregon MYOOMMISSION Pin SFEBRUARY14 ing at ' Or�lonoC_ My appointment expires / i7 PI\ClvlRF11-\0pen Files\0063-CeOTowerLeases\Cingular\Cingular-LakeFemvlck-AddeneumToo.dec I I l lid ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 5