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Home My WebLink AboutL001-09 - Extension - Addendum #3 - New Cingular Wireless PCS, LLC - West Fenwick Park Cellular Phone Tower - 02/12/2018 4^** CITY CLERK KEN T CITY OF KENT WASHINGTON 220 41' 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 al2sll,?r" SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: (to be completed by Clerk's Office) LVU 1 -U 9 - (,Y L/ 1. Responsible Department/Division: ECD 2. Contact Person and Title: Kurt Hanson, Director of ECD Telephone Extension: 5706 3. Tenant (Customer) Name: New Cingular Wireless 4. Tenant (Customer) Number: 64382 5. General Ledger Account Number: P20072.56250 100% 6. King County Tax Parcel Number: 2722049005 7. Address of Parcel: 3824 Reith Rd 8. Type of Lease: Cell Tower Lease 9. Council Authorization Date: N/A 10. Mayor Signature Date: SECTION 2 — LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 2/12/2018 12. Tenant Lease Option Renewal Notification Due Date: 13. Lease Termination Date: 02/11/2023 14. Lease Duration: 5 yrs SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: 31200.00 16. Rent Due Date: on or before the first day of the anniversary of the Commencement Date during the term hereof 17. Calculation of Rental Increase(s): subject to rental escalator Lease Agreement Cover Sheet—Page 1 of 2 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: ❑ Sewer: ❑ Drainage: ❑ Garbage: ® Electricity/Natural Gas: SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES• 22. Monetary Penalties: 50/o of the annual rent for any payment not paid within 5 calendar days of when due 23. Late Interest: 2% per month on the amount outstanding if not when due SECTION 7 — OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc ❑ None (check box if no considerations) Lease Agreement Cover Sheet—Page 2 of 2 ADDENDUM THREE TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC. THIS LEASE ADDENDUM THREE 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, successor-in-interest to Pacific Bell Wireless Northwest, LLC, with its principal address of 575 Morosgo Drive NE, Atlanta, GA 30324 ("Tenant"), for its wireless communications facility located at 4127 Reith Road, Kent, Washington ("Lake Fenwick"). This Addendum Three amends that certain Lease Agreement (the "Original Lease") 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, and Addendum Two to Lease Agreement, with an effective date of October 16, 2013 (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 of the Original Lease provided for three (3) extension terms of five (5) years each, which Section was amended by Addendum Two and provides for three (3) additional extension terms of five (5) years each commencing on Februrary 12, 2018. 3. Tenant exercised its first extension option as provided in the Original Lease in Addendum One, which extended the Lease term through February 11, 2013. Tenant exercised its second extension option as provided in the Original Lease in Addendum Two, which extended the lease term through February 11, 2018. 4. Tenant and Landlord desire to extend the term of the Lease for the third extension term provided for in the Lease which will run retroactively from February 12, 2018, to February 11, 2023. AGREEMENT 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 on February 12, 2018 (the"Commencement Date") and shall end on February 11, 2023 (the "Termination Date"). ADDENDUM THREE TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 1 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 Thirty-One Thousand, Two Hundred and No/100 DOLLARS ($31,200.00), 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. The amount of Annual Rent set forth herein shall continue to be subject to the rental escalator as set forth in Section 3.d. of the Lease. 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 Three, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Three. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained in this Addendum Three, the terms and conditions herein will control. (c) This Addendum Three 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 Three. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Three, which shall take effect on the last date signed below. LANDLORD: TENANT: ADDENDUM THREE TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 2 CITY OF KENT NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liablity company By: AT&T Mobility Corporation eR Its: z7-r By: By. Print N me: Print Nam : ��. 7x;T Its: Its: 75 � �o Date: VZAzj 1 V6 Date. «— M—1 eS ADDENDUM THREE TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 3 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of �Y , 2018, I know or have satisfactory evidence that Dana Ralph 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 Sea/Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and offici�l seal the day and year fi►5r'`V' A%UkNjjt en. ^~ + NR A'+,I, O Z O �� 12p137 ' Z 5 �O : NOTARY PUBLIC in arid for the State of Washington -I O = residing at F WPS��." My appointment expires �1111�� ADDENDUM THREE 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 day f , 2018, I know or have satisfactory evidence that 1 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 AT&T Mobility Corporation, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, as its `D 1 (`��- �'�/ , 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. OrF;CIAL S TAW _�>,;: i 1 KARON L L NOTARY PUBLIC-Mr? 00N COMMISSION N0.950@42 P,1Y COc,,1Pl11SSION EXPIRES h.h, AAd = UBLIC, in and for the State of Oregon residing at O My appointment expires i 1 1 • � P:\Civil\Files\Open Files\0863-Cell Site Leases\Cingular-AT&T\Lake Fenwick\Cingular-LakeFenwick-AddendumThree.doc ADDENDUM THREE TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 5 Request for Mayor's Signature KENT WASHINGTO Complete this form and route to the Office of the City Attorney N (Print on cherry-colored paper) Approved by Director Originator:Tanya KOSen Phone (Originator):546 Date Sent: 1 1 /2 1/1 8 Date Required:soon Returned Signed Document to:Tanya KOSen 8 Contract Coversheet Attached New CIngU�ar V1/Ire�eSS Has this Document been Specifically Authorized Vendor Name: in the Budget? Yes ❑No Date of Council Approval:2002 Account Number: P20072.56250 Brief Explanation of Document: Addendum to original contract that was approved by council in 2002. RECEIVED" KENT LAW DEPT. Date Received by City Attorney-.-- Comments: F"JItt U^'I CUIE44 AAA A 0jo Date Routed to the Mayor's Office: DEC 2 ; 2018 Date Routed to the City Clerk: City of Kent Date Returned to Originator: adccW19756_4_18