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Home My WebLink AboutL008-09 - Other - Addendum #4 - T-Mobile West, LLC (formerly known as T-Mobile West Corporation) - Centennial Building Cellular Phone Tower - 03/01/2016 ® CITY CLERK KENT CITY OF KENT wnsn HcToe 2204'Avenue South 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: LU - 00 00 1. Responsible Department/Division: Parks Facilities 2. Contact Person and Title: Alex Ackley Telephone Extension: 5081 3. Tenant (Customer) Name: T-Mobile West LLC 4. Tenant (Customer) Number: 64567. 5. General Ledger Account Number: P20072.56250 6. King County Tax Parcel Number: 982570-0566 7. Address of Parcel: 400 West Gowe Street, Kent 8. Type of Lease: Addendum Four - Commercial Property Rental (Centennial Building Cell 9. Council Authorization Date: N/A 10. Mayor Signature Date: SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: March 1, 2016 12. Tenant Lease Option Renewal Notification Due Date: N/A 13. Lease Termination Date: February 28, 2021 14. Lease Duration: March 1, 2016 through February 28, 2021 i SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: $2,160.00/$100 Electricity 16, Rent Due Date: Vt of the Month 17. Calculation of Rental Increase(s): N/A Lease Agreement Cover Sheet—Page 1 of 3 r: I Special lease considerations, e.g. non-monetary rent, etc ® None (check box if no considerations) i Lease Agreement Cover Sheet—Page 3 of 3 I Site #: SE04003A Site Name: Centennial ADDENDUM FOUR TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND T-MOBILE WEST LLC THIS LEASE ADDENDUM FOUR (`Addendum Four") 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 LLC, a Delaware limited liability company, formerly known as T-Mobile West Corporation, as successor in interest to Voicestream PCS III Corporation (`Tenant"), for certain rooftop space and certain interior space at the building located at 400 W. Gowe, Kent, Washington, and legally described in Exhibit A to the Lease Agreement. i This Addendum Four amends that certain Lease Agreement entered into between Landlord and Tenant on or about January 18, 2001, together with Addendum One to Lease Agreement Between the City of Kent and T-Mobile West Corporation ("Addendum One"), entered into between Landlord and Tenant on or about June 27, 2006; Addendum Two to Lease Agreement between the City of Kent and T-Mobile West Corporation ('Addendum Two"), entered into between Landlord and Tenant on or about November 20, 2006; and Addendum Three to Lease Agreement between the City of Kent and T-Mobile West Corporation ("Addendum Three"), entered into between Landlord and Tenant on or about May 18, 2011 (collectively, the "Lease"). RECITALS A. Pursuant to Section 1 of the Lease, the initial term commenced on March 1, 2001, and expired on March 1, 2006. Landlord and Tenant then entered into Addendum One to extend the Term of the Lease, which Term commenced on March 1, 2006, and expired February 28, 2011. Landlord and Tenant then entered into Addendum Three to further extend the Term of the Lease, which Term commenced on March 1, 2011, and expired February 29, 2016. B. Section 1 of the Lease provides for three renewal terms of five years each. The first and second options to renew the Term of the Lease were exercised, as described above. C. Tenant and Landlord desire to ratify and affirm the Lease and extend the term of the Lease for the third renewal term which will retroactively run from March 1, 2016, to February 28, 2021, NOW THEREFORE, Landlord and Tenant hereby agree and covenant as follows: ADDENDUM FOUR TO LEASE AGREEMENT - Page 1 (Between City of Kent and T-Mobile West LLC @ Centennial) i 1. Lease Term. The third renewal term of the Lease shall be for a term of five (5) years, and shall commence retroactively, as of March 1, 2016 (the "Third Renewal Term Commencement Date"), and shall end on February 28, 2021 (the "Termination Date"). 2. Rent. Section 2.A.(1) of the Lease shall be amended to read as follows: 2.A.(1). Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS ($2,160.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, beginning on the Third Renewal Term Commencement Date. Subsequently, the Rent shall be paid in advance, on or before the first day of each month during the term hereof. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. 3. Section 27 of the Lease shall be amended to read as follows: 27. Notices. All notices, requests, demands, and other communications required to be sent pursuant to this Lease shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested, or by a nationally recognized courier service, to the following addresses: If to Landlord, to: Facilities Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 With a copy to: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 If to Tenant, to: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance Site No. SE04003A 4. Certification. The parties hereby certify to each other that the Lease remains in full force and effect and that there are no uncured defaults on the part of either party under the Lease. S. Ratification. All acts consistent with the authority of the Lease and this I ADDENDUM FOUR TO LEASE AGREEMENT - Page 2 (Between City of Kent and T-Mobile West LLC @ Centennial) l Addendum Four and engaged in after the Commencement Date, but prior to the Effective Date of this Addendum Four, are hereby ratified and affirmed, and the terms of the Lease and this Addendum Four shall be deemed to have applied. i, 6. Entire Agreement. Except as amended by this Addendum Four, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Four. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Four, which shall take effect on the last date signed below (the "Addendum Four Effective Date"). LANDLORD: TENANT: CITY OF KENT T-MOBILE WE LC By: Print Naniel Su tte Cooke ame Brandon Braunlieh Its: kayor Its: Market Manager Date: , Dat E . aadng_.& Operations i ADDENDUM FOUR TO LEASE AGREEMENT - Page 3 (Between City of Kent and T-Mobile West LLC @ Centennial) STATE OF WASHINGTON ) : ss. COUNTY OF KING ) iL6G ' I hereby certify that on the J day of � 2016, I know or have satisfactory evidence that �" "L 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 `-61)AYVF-- , 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*&W�6g above written. f m1a ,G�i ''�4 u o a � sV 4 . m pg s NOTARY PUBLIC, in and for the State of Washington � ®, `O = residing at ''.q z wa r 11,14,,,��Q�� `�C9` My appointment expires ii� OF WAgN� . I ADDENDUM FOUR TO LEASE AGREEMENT - Page 4 (Between City of Kent and T-Mobile West LLC @ Centennial) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the k"!' day of S v:S! 2016, I know or have satisfactory evidence that i� 9 8t s t ,c 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 T-MOBILE WEST LLC, a Delaware limited liability, as its VtW1.`i P'1*k-7 _ , 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. �� h I / tArt ® rj plAVk �N % NOTARY Pl LIC, in and for the State of Washington - s residing at N 0ved`4 _r O My appointment expires 12 2z O /// T� It111tlNN�p� � ///illl®1\WA�?�� I P:\Civll\Files\Open Flies\0863-Cell Site leases\T-Mobile like VoiceStream\Centennial Rooftop\T-Mobile-L ase ddendumFour-Centennial Renewal.doc I ADDENDUM FOUR TO LEASE AGREEMENT - Page 5 (Between City of Kent and T-Mobile West LLC @ Centennial) REQUEST FORMAYOR'S SIGNATURE T Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator-. Alex Ackle APPROVALS: Date Sent: 10/06/2016 DATE OF COUNCIL APPROVAL: N/A Return Signed Document to: DATE OF CHIEF ADMINISTRATIVE Nancy Clary OFFICER APPROVAL: N/A _ VENDOR NAME: DATE OF FINANCE DIRECTOR T-Mobile APPROVAL: N/A Date Required: 10/17/2016 Phone (Originator): BUDGETED; YES ❑ NO ❑ N/A X5081 FUND: Brief Explanation of Document: This Addendum Four amends the Lease Agreement entered into between Landlord and Tenant on January 18, 2001 and extends the third renewal term of the Lease, which will retroactively run from March 1, 2016 to February 28, 2021. T-Mobile leases space for wireless transmission devices on the rooftop of the Centennial Center. Per this Addendum, T-Mobile will pay monthly rent in the amount of $2,160.00, this is in addition to the $100 monthly charge for electricity agreed to in Addendum Two of the original Lease Agreement. All Contracts Must Be Routed Through The Law department arr ie' n%plety the Law Department) # , Received: j ; i'„ I 3 , Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: s Shaded Areas To Be Completed By Administration Staff I Received: Recommendations and Comments. 1,1 ?. a` ° c,/ 4 ell f /�-,i'�.•t t. Date Returned: