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Home My WebLink AboutL004-09 - Amendment - #2 - T-Mobile West Tower, LLC - Pump Station No. 5 Cellular Phone Tower - 09/27/2015 ` s........ ....I 3,emenl M ,P �ment I�a�:TON „ . ._._r...__ �_ CONTRA CT COVER SHEET This is to be completede by ie Contract Manager prior to subrnis aon to City Clarks Office. All portionsaire to be c mpicated. Xf You have questions, please cont.act City Clerk's Office. Vendor Name: Vendor N „rnber.- JD Edwards Number This is assigned by City Clerl<'s Office Description: Interlocal Agreement ElChange Order El Am ndment El Contract 90ther: Contract Effective Date., q Termination Date,-, 7-0 Contract I eneuvaN Notice Number of days required notice for termination or renewal or amendment Contract, Manager. M O\I(A i!)^';w.Ptp.WIm NITIWrn{ . Contract Ammunt: Approval Authority El Department Director P ayor ElCity Council Detain.- (i.e. address, location, parcel number, lkax id, tcm)m adccW10877_8_14 Site #: SE4024A/823851 Site Name: East James/Pump Station #5 Location: 23825 98`" Avenue S. Kent, Washington 98031 SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND T-MOBILE WEST TOWER LLC THIS SECOND AMENDMENT TO LEASE AGREEMENT is entered into on the date fully executed below by and between THE CITY OF KENT, a Washington municipal corporation ("Landlord"), and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through CCTMO LLC, a Delaware limited liability company, as successor in interest to Voicestream PCS III Corporation ("Tenant"), to lease a certain portion of Landlord's property, as described in Exhibit B to the Lease Agreement. This Second Amendment amends that certain Lease Agreement entered into between Landlord and VoiceStream PCS III Corporation on or about September 23, 2005, together with the First Amendment to Lease Agreement, entered into between Landlord and Tenant on or about May 19, 2011 (collectively, the "Lease"). RECITALS A. Pursuant to Section 2 of the Lease, the initial Term commenced on September 27, 2005, and expired on September 26, 2010. Landlord and Tenant then entered into the First Amendment to Lease Agreement to extend the Term of the Lease, which Term commenced on September 27, 2010, and expires on September 26, 2015. B. Section 2 of the Lease provides for two extension terms of five years each. The first option to extend the Term of the Lease was exercised, as described above. C. Tenant now wishes to exercise its second option to extend the Term of the Lease. Landlord and Tenant desire to extend the Term of the Lease for the second extension Term, which will commence on September 27, 2015, and will expire on September 26, 2020. NOW THEREFORE, Landlord and Tenant hereby agree and covenant as follows: 1. Lease Term. The Lease shall be extended for a Term of five years, to commence on September 27, 2015, and expire on September 26, 2020. SECOND AMENDMENT TO LEASE AGREEMENT - Page 1 (Between City of Kent and T-Mobile West Tower LLC @ Pump Station No. 5) 2. Rent. Section 3.a. of the Lease is hereby amended to read as follows: 3.a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND FOUR HUNDRED AND NO/100 ($2,400.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, beginning on September 27, 2015. Thereafter, Rent shall be paid in advance, on or before the first day of each subsequent month during the Term hereof. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. 1 Maintenance. In accordance with Section 8(a) of the Lease, Tenant shall grade and gravel the access easement area, and shall re-plaint the pole upon which the Antennae Facilities are located with the same color as currently painted, within sixty days of the Effective Date of this Second Amendment to Lease Agreement. 4. Certification. Tenant hereby certifies to Landlord that the Lease remains in full force and effect, except as amended herein, and that there are no uncured defaults on the part of Tenant under the Lease. 5. Entire Agreemen . Except as amended by this Second Amendment to Lease Agreement, all provisions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Lease Agreement, which shall take effect on the last date signed below, or September 27, 2015, whichever is later (the "Effective Date"). LANDLORD: TENANT: CITY OF KENT T-MOBILE WEST TOWER, LLC, a Delaware limited liability company By: CCTMO, LLC, a Delaware limited A/ liability company By: Its: Attorney in Fact Po6t ts* )te: Its:-22e-a Date: SECOND AMENDMENT TO LEASE AGREEMENT - Page 2 (Between City of Kent and T-Mobile West Tower LLC @ Pump Station No. 5) STATE OF WASHINGTON ) ss. COUNTY OF KING I hereby certify that on the day of 2016, 1 know or have satisfactory evidence that Suzette Cooke 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 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. p. E3R/Q ,% NOTARY PUBLIC,ilri and for the St to of Washington residing at AArj02, (P 6 J Z — My appointment expires 1's.A ro-er'AZ SECOND AMENDMENT TO LEASE AGREEMENT - Page 3 (Between City of Kent and T-Mobile West Tower LLC @ Pump Station No. 5) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Veronica Saver is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Real Estate Dana er for CCTMO, LLC as attorney in fact for T-Mobile West Tower, __LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Sea]Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. nature) NOTARY PUBLIC, in and fort Mate, of Washington, residing at My appointment expires Second Amendment to Lease Agreement (Between City of Kent & T-Nobile West Tower LLC 0 pump station No. 5) I I I I 1 I I I 1 I 1 I � I � 1 >1 1 I I1 i I I Jr 1 I 1 1 1 1 , I 1 1 1 1 I J J I 1 r I i i