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HomeMy WebLinkAboutL18-001 - Original - T-Mobile West LLC - Riverbend Cell Tower 2020 West Meeker St - 07/17/2018Lease Agreement Cover Sheet—Page 1 of 3 CITY CLERK CITY OF KENT 220 4th 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: (to be completed by Clerk’s Office) Replaces coversheet for L18-001 1. Responsible Department/Division: Parks – Facilities Division 2. Contact Person and Title: Alex Ackley, Facilities Superintendent & Kurt Hanson, ECD Director Telephone Extension: 5081|5706 3. Tenant (Customer) Name: T-Mobile West LLC 4. Tenant (Customer) Number: 54412 5. General Ledger Account Number: 48006875.56250 95% 10004115.56250 5% Effective 1/1/2019 Lease and beyond 6. King County Tax Parcel Number: 232204-9011 (partial) 7. Address of Parcel: 2020 West Meeker Street, Kent WA 8. Type of Lease: Cell Tower-Riverbend 9. Council Authorization Date: 11/20/2018 10. Mayor Signature Date: 11/06/2018 SECTION 2 – LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 7/17/2018 12. Tenant Lease Option Renewal Notification Due Date: Term and Option to Renew. This Lease shall commence on July 17, 2018 (the "Commencement Date"), and end on the date that is one day before the 5-year anniversary of the Commencement Date ("Expiration Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease Lease Agreement Cover Sheet—Page 2 of 3 for two (2) additional five-year periods, subject to the adjustment of Monthly Rent as described in Section 3. Should Tenant exercise an option to renew this Lease, that option must be exercised in writing and delivered to City at least 90 calendar days before the end of the then-current term. 13. Lease Termination Date: 7/16/2023 14. Lease Duration: 5 years SECTION 3 – RENT DETERMINATION AND DUE DATE: 15. Rent: $2,600/month 16. Rent Due Date: On or before the first day of every month. 17.Calculation of Rental Increase(s): Section 3.3 The monthly rent during years 2 through 5 of the initial five-year term, then for years 2 through 5 of each optional five-year renewal term thereafter, shall be increased effective as of each anniversary of the commencement date by an amount equal to 4%. 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. Lease Agreement Cover Sheet—Page 3 of 3 Does Not Apply Water: Sewer: Drainage: Paid by City Garbage: Electricity/Natural Gas: Puget Sound Energy SECTION 6 – MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: Tenant shall pay City a late payment charge equal to 5% of the monthly rent for any payment not paid within five calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of 1% per month. 23. Late Interest: 1% per month SECTION 7 – OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc. Section 3. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises and Access Easement. As part of the costs incurred by City to administer, negotiate changes to, and modify this Lease Agreement, Tenant shall pay to City a one-time administrative fee of TWO THOUSAND DOLLARS AND NO/ 100 ($2,000.00) ("Administrative Fee"). Payment of this Administrative Fee shall be due in full within 60 days following the full execution of this Lease. This Administrative Fee shall not be considered part of the Monthly Rent for any purpose, including, but not limited to, application of the state leasehold excise tax. Section 24. Holding Over. Any holding over after the expiration of the Term of this Lease, with the consent of the City, shall be construed to be a tenancy from month to month and Tenant shall pay rent at 125% the Monthly Rent but shall otherwise be on the same terms and conditions herein specified so far as applicable. None (check box if no considerations)