HomeMy WebLinkAboutL16-073 - Amendment - #1 - Sprint Spectrum Realty Company - Wilson Playfields Cell Tower Lease - 07/26/2018 Site Name: Wilson Playfields TAC134 Site In #: SE52XC358
FIRST AMENDMENT TO LEASE AGREEMENT
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This First Amendment to Lease (this`First Amendment'), effective as of the date last signed
below ("Effective Date"), amends a certain Lease Agreement dated August 26, 2016, between
Sprint Spectrum Realty Company, a Delaware limited liability company, successor-in-interest to Clear
Wireless LLC, a Nevada limited liability company ("Tenant'), and City of Kent, a Washington
municipal corporation ("Landlord"), ("Lease").
BACKGROUND
WHEREAS, Tenant and Landlord desire to modify certain provisions of the Lease as provided
below,
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are acknowledged,
Landlord and Tenant agree as follows:
1. Modification to the Premises. Exhibit B to the Lease is hereby amended to include the
modifications identified on Exhibit B-1, a copy of which is attached and made a part hereof. Exhibit
B-1 supplements Exhibit to the Lease and is not deemed to supersede or otherwise modify Exhibit B
or any part thereof except to the extent specifically set forth in Exhibit B-1. Upon full execution of
this First Amendment, Tenant is permitted to do all work necessary to prepare, maintain and alter
the Premises to install or otherwise modify the Premises, all as more fully described and contemplated
in Exhibit B-1.
2. Notice Address. The notice addresses in Section 21e of the Lease or referenced therein for
the party or parties listed below are hereby deleted in their entirety and replaced with the following:
To Tenant: Sprint Property Services
Sprint Site ID: SE52XC358
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
With a mandatory copy to: Sprint Law Department
Sprint Site ID: SE52XC358
Attn.: Real Estate Attorney
Mailstop KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park, Kansas 66251-2020
3. General Terms and Conditions.
a. All capitalized terms used in this First Amendment, 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 First Amendment, the terms and conditions herein
will control. Except as set forth herein, all provisions of the Lease are ratified and remain unchanged
and in full force and effect.
FIRST AMENDMENT TO LEASE - PAGE 1
Clear Wireless LLC at Wilson Playfields
C. This First Amendment 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 First Amendment.
e. The parties shall execute concurrently with this Amendment a recordable
Memorandum of Amendment attached to this Amendment as Exhibit C-1, which Tenant may record
at its own expense in the real property records where the Premises is located.
The parties have executed this Amendment as of the Effective Date.
Landlord: Tenant:
City of Kent, Sprint Spectrum Realty Company, LLC,
a Washington municipal corporation a Delaware limited liability company
By. 0
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Printed Printed
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Name: .,J/lI✓7G�i/� /1 Name:
Title: Title:
Date: _ 201 Date: 201 ._
(Date must be completed) (Date must be completed)
***ALL SIGNATURES MUST BE ACKNOWLEDGED***
***ACKNOWLEDGEMENTS ON FOLLOWING PAGE***
FIRST AMFNT)MFNT TO LFASP—PAGL I
Clear Wireless LLC at Wilson Pla)l lds 2
LANDLORD NOTARY BLOCK:
STATE OF WASHINGTON )
ss,
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared
before me, and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:—'
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written, � �owwl1111111 fly
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COMMISSION NUMBER:
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TENANT NOTARY BLOCK:
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I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowled ed that (he/6RD signed this
instrument, on oath stated that (he/�e was authorized to execute the ins rument and acknowledged
it as the" �loanP,V of � Vl����`m� �f_�"+P ,zY�� � to be the free and
voluntary act of skh party for the uses and purpose mentioned In the instrurinent,
Dated: �u�� • 2061-2
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written. yETP
(AFFIX NOTARIAL SEA �pR -(OFFICIAL NCrTA 'Y SIGNATURE)
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FIRST AMENDMENT 10 LEASE—PAGF. I
Clcar Wimlcss I.LCat Wilson Playfields ,i
Exhibit B-1
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(Description of Premises)
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FIRST AMENDRAF.N'1 'CO LEAST:—PAGE I
Clear Wireless LLC at Wilson Playlields 4
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Exhibit C-1
(Memorandum of Amendment)
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FIRST AMFNDMFN'I TO LLASL—I'AGF I
Clear Wireless LLC ai Wilson Playficlds 5
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint Contracts & Performance
Mailstop KSOPHTO 10 1-Z265 0
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
[space above this line for Recorder's use'
MEMORANDUM OF LEASE AGREEMENT AMENDMENT
THIS MEMORANDUM ("Memorandum"), by and between City of Kent, a Washington
municipal corporation ("Landlord") and Sprint Spectrum Realty Company, LLC, a Delaware
limited liability company ("Tenant" or "Sprint"), evidences the Lease made and entered into
between Landlord and Tenant dated August 26, 2016 ("Agreement Effective Date") has been
amended by written agreement between the parties (the "Amendment'). The term "Agreement"
hereinafter refers to and includes the Amendment.
The Agreement provides in part that Landlord leases to Tenant a portion of certain real
property owned by Landlord and located at 13028 SE 251" Street, City of Kent, County of King,
State of Washington ("Property") for the purpose of installing, operating and maintaining a
communications facility and other improvements. The Property is legally described in Exhibit A
attached hereto. The portion of the Property leased to Tenant together with non-exclusive utility and
access easements (the "Site") is further described in the Agreement.
The current five (5) year term of Sprint's lease and tenancy under the Agreement expires
on May 1, 2026 and is subject to two (2) additional renewal terms of five (5) years each that may
be exercised by Sprint.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Sprint Site ID: SE52XC358
IN WITNESS WHEREOF, the parties have executed this Amended Memorandum
as of the day and year indicated below.
Landlord: Tenant:
City of Kent, Sprint Spectrum Realty Company, LLC, a
a Washington municipal corporation Delaware limited liability company
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By. " � By: � rt,-� _..
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Printed Name: _ Printed Name. �z s-av2�d���c�
Title: C 4 Title:
Date: Date: IJl /pl Jam'
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Sprint Site ID: SE52XC358
OWNER NOTARY BLOCK:
STA'IF.OF
COUNTYOF Y .
T slwa,(e brrosu oue➢[_faCieshxl orckarowlr.dgcd hsl(rraII
e of mn nn urrtcl by lelrorna'crane). _ �� as an individual,
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uor outtlioi a corporation.on behalf of the
The is
p ❑ __ .partner or agen(on bchalfof
a partnership„
(AFFIX NOTAI2IA 4~lOp°4 ,. Pr✓ rtc�i nRv Slt ATURFI
rfr, ,01AV `q� �{. NO I AI 'P( BIAC.S I A I E OP
Lee aF ✓
My commission enp¢es � ,�" ((PIVXh ,y' '.'^' (PRINTED,TYPED OR STAMPED NAME.OF NOTARY)
4I 0 � I Y`�,y.' COMMISSION NUMBLR
SPRINT NOTARY BLOCK:
STATE OF V V QShj PII I-(}/1
COUNTY OF yt,aq J
The fir.e;g,(y ng instrument was(edlx>.zs c ux°,1❑attested or �—(puv�k((otvlcwl{er;d la A (c me his
n ul, ,?0 �X+ by (choose one)4.A�. BFP,h4 ✓(_ '-Y, asap individual
.as of
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,a partnership.
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(AFFIX NO TARIIl . r4f 1,6� oc, 3 Q _ ,-a I I-CIA .NO FAR SIGNATURE)
p NOTARY PUBLIC STATE OFCP
r'N���/SrAiT OF tiw�` �1�VW P {L� f'1�2➢�
My col nlnssion cxpnres: �}s_,���.+'1U{�^ (I(I l llllpl\tiyy PRINTED,TYPED OR STAMPFD NAMF.OF NOTARY)
Sprint Site ID: SE52XC358
EXHIBIT A TO MEMORANDUM OF AMENDMENT
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I
LEGAL DESCRIPTION OF ACCESS EASEMENT
A 30-foot easement for Ingress & egress, 15 (fifteen) feet on each side of the following
described centerline:
Commencing at the southeast corner of Lot 1, Snow Park Short Plat Sp-97-32, as
delineated on that survey recorded under Recording Number
9802179012,records King County, State of Washington,
Thence N88054'57"W, along the southerly line of said Lot 1, a distance of 5.000
(five) feet;
Thence S01005'03"W, perpendicular to said southerly line, a distance of 7.00
(seven) feet to the TRUE POINTOF BEGINNING of this centerline description;
Thence S00038'07"W, a distance of 420.75 feet to a point 15.00 feet northerly of
(as measured at a right angle) the south line of Lot 2 of aforementioned Snow
Park Short Plat SP-97-32;
Thence S88°56'40"E, parallel with said south line, a distance of 376,30 feet to
the westerly Right of Way line of 132n' Avenue SE, and the TERMINUS OF THIS
LINE DESCRIPTION.
The sidelines of this easement description shall be lengthened or shortened as
necessary, to fit within the confines of Lot 2 as delineated on aforementioned
Survey recorded under Number 9802179012, records of King County and to the
south line of the above described lease area.
Situated In the County of King, State of Washington.
4
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July 23,2018
City of Kent
Attn: Adam Long,Asssistant City Attorney
220 Fourth Avenue South
Kent, WA, 98032
Sprint Site Name/Number: SE52XC358
Site Address: 13028 SE 251 St
Kent, WA,98030
RE: First Amendment to Lease Agreement
Dear Mr. Long:
The enclosed documents are being provided to you in connection with the Sprint .
1. Amendment to SE52XC358 with Memorandum of Lease
(two originals):
❑ Complete the signature block with signature, name, title, and date in the presence of
Notary Public
(Only authorized signatories may sign on behalf of an entity)
A pre-paid Federal Express return addressed envelope is included for your convenience.Please return one
(1) signed fully executed amendment to Md7 within the next three days.
If you have any questions regarding the enclosed documents, please contact me at (858) 291-1871 or by
email at mmasiglat@mV.com.
Sincerely,
Mark Masiglat
Project Control Specialist
Md7, LLC
Enclosures
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mC17
October 5, 2018
City of Kent
220 Fourth Avenue South
Kent, WA 98032
RE: Lease Agreement between City of Kent, a Washington municipal corporation ("Landlord"), and
Sprint Spectrum Realty Company, a Delaware limited liability company("Tenant"), dated August 26,
2016, as amended by First Amendment to Lease Agreement dated July 26, 2018, (collectively, the
"Lease"), with respect to the real property located at 13028 SE 251st Street, Kent, WA 98030
("Property"), Cascade No. SE52XC358.
Dear Sir or Madam,
This letter is to advise you that it will be necessary within the near future for Tenant to make certain
physical modifications to equipment within Tenant's Premises at the Property. These improvements
are being undertaken in order to ensure the continued technical and economic feasibility of Tenant's
Improvements and are needed for Tenant to make optimal use of the Premises for the purposes intended
by the Lease. As described below,these modifications should have no significant impact on Landlord's
Property or operations. Tenant requests that Landlord acknowledge notice of, and consent to, the
following modifications:
Performing a modification of the electric utility equipment to support the upgrade of
telecommunication equipment captured in the First Amendment to Lease Agreement dated July
26, 2018.
Landlord's acknowledgement of notice and consent will not increase the size or amount of space being
used by Tenant under the Lease unless specifically stated above.
Please indicate your acknowledgement and consent by signing below and returning one copy of this
letter to me at the address set forth above.
Thank you in advance for your prompt attention to this matter.
Regards,
0
Mark Ansele Masiglat
MG171 EEC,C, an authorized representative oCSprint Neztel
(858)291-1871
mmasiglat@md7.com
ACKNOWLEDGED AND AGREED TO:
City of Kent,
a Washington municipal corporation
xJ �.�
....
Prim ed Name: , ��
Title: b., t
Date: _
✓t? '201p
(P)a must be completed)
Landlord Consent Loner tomplale,Project Vision .2
Revised 6.10 11
I
REQUEST FOR MAYOR'S SIGNATURE
•NT Print on Cherry-Colored Paper
KE
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director_
Originator: Adam Long Phone (Originator): X5786
Date Sent: 7/25/18 Date Required: 7/27/18
Return Signed Document to: Tanya KOSen Contract Termination Date: 4/20/2026
VENDOR NAME: Date Finance Notified:
Sprint Spectrum Realty Company (successor to Clear Wireless) (Only required on contracts /U77
20 000 and over or on anv Grant)
DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified:n/a
Recuired on Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number:
Authorized in the Budget? YES • NO
Brief Explanation of Document:
First Amendment to Lease dated 8/26/16 allowing modifications to the Wilson Playfields
cell site facilities.
_ - ......._.
t Be Routed Through The Law Department
JUII 2 a 2018 (This area to be c plete"""b the Law Depar gr1t)
Received:
Approval of Law Dept.:
Law De , nt t
Date Forwarded to Ma or:
Shaded Areas To Be Completed By Administration Staff
:Received
RECice "
Recommendations and Comments: "
Disposition: &(nLI �
City of ken
Date Returned:
01 ice of fhb �r
rvt me emwnary memm g. aquomi me again pna uo:av+-