HomeMy WebLinkAboutL006-09 - Amendment - #2 - T-Mobile - Wilson Playfields Lease Agreement - Cellular Phone Tower - 03/30/2020 Agreement Routing Form
• For Approvals,Signatures and Records Management
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet form
WASHINGTON (Print on pink or cherry colored paper)
Originator: Department:
Rhonda Bylin Economic&Community Development
Date Sent: Date Required:
> 3-27-2020 4/3/2020
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QAuthorized to Sign: Date of Council Approval:
Q ❑ Director or Designee O Mayor 3/17/2020
Budget Account Number: Grant? ❑Yes ❑No
P20072.56250
Budget? ❑Yes ❑ No Type: Local
Vendor Name: Category:
T-Mobile USA Lease
Vendor Number: Sub-Category: J�
= 105237 Customer# Extension aAo&
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Project Name: T-Mobile Wilson Playfields Lease Extension - L06-009, SE4697F
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C Project Details: 2nd Amendment
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E Agreement Amount: $3000/month Basis for Selection of Contractor:
4;
A. Start Date: 10/08/2020 Termination Date:
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Local Business? ❑Yes ❑ No*
*Ifineets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Notice required prior to disclosure? Contract Number:
❑Yes ❑No yV�9 L 00CP O
Date Received by City Attorney: Comments:
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C March 30, 2020
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Im Date Routed to the Mayor's Office:
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Date Routed to the City Clerk's Office:
'd,cW22373_1 20 Visit Documents.KentWA.gov to obtain copies of all agreements
DocuSign Envelope ID:90F858EB-3E43-405D-A9FE-30D4F9BF3FFE
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement (the "Amendment") is effective as of the
date of execution by the last party to sign (the "Effective Date") by and between City of Kent
("Landlord") and T-Mobile West LLC, a Delaware limited liability company ("Tenant") (each a
"Party", or collectively, the "Parties").
Landlord and Tenant (or their predecessors-in-interest) entered into that certain Lease
Agreement dated August 3, 2005, including that certain First Amendment to Lease Agreement
dated May 18, 2011 (including all amendments, collectively, the "Lease") regarding the leased
premises ("Premises") located at 13028 Southeast 251st Street, Kent, WA 98030 (the
"Property").
For good and valuable consideration, Landlord and Tenant agree as follows:
1. The Lease is in full force and effect and neither Landlord nor Tenant is in breach under
the terms of the Lease.
2. At the expiration of the Lease, so long as Tenant is not in default of the Lease, the Term
of the Lease will automatically be extended for three (3) additional and successive five
(5) year terms (each a "Renewal Term"), provided, that Tenant may elect not to renew
by providing Landlord thirty (30) days' notice prior to the expiration of the then current
Renewal Term.
3. At the commencement of the first Renewal Term,Tenant shall pay Landlord Three
Thousand and No/100 Dollars ($3,000.00) per month, plus leasehold excise tax, ("Rent")
in advance, by the fifth (51h) day of each month. Where duplicate Rent would occur, a
credit shall be taken by Tenant for any prepayment of Rent by Tenant.
Rent shall be adjusted annually on each anniversary of the Renewal Term by an amount
equal to three percent (3%) over the Rent for the immediately preceding year. This new
Rent and Rent adjustment shall supersede and replace any prior Rent or Rent
adjustments.
4. All notices, requests, demands and other communications shall be in writing and shall
be effective three (3) business days after deposit in the U.S. mail, certified, return
receipt requested or upon receipt if personally delivered or sent via a nationally
recognized courier to the addresses set forth below. Landlord or Tenant may from time
to time designate any other address for this purpose by providing written notice to the
other Party.
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TMO Site ID:SE04697F 3/6/2020
TMO Lease ID:84S88
SE04697F_633_AM D_N LRP_84S88
DocuSign Envelope ID:90F858EB-3E43-405D-A9FE-3OD4F9BF3FFE
If to Tenant: If to Landlord:
T-Mobile USA, Inc. City of Kent
12920 SE 38th Street 220 Fourth Avenue South
Bellevue, WA 98006 Kent, WA 98032
Attn: Lease Compliance/Site SE04697F Attn: Facilities Manager/City Clerk
5. Tenant and Landlord will reasonably cooperate with each other's requests to approve
permit applications and other documents related to the Property.
6. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified. To
the extent any provision contained in this Amendment conflicts with the terms of the
Lease, the terms and provisions of this Amendment shall control. Each reference in the
Lease to itself shall be deemed also to refer to this Amendment.
7. This Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this Amendment
will legally bind the Parties to the same extent as originals.
8. 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
Amendment. Landlord represents and warrants to Tenant that the consent or approval
of a third party has either been obtained or is not required with respect to the execution
of this Amendment.
9. This Amendment will be binding on and inure to the benefit of the Parties herein, their
heirs, executors, administrators, successors-in-interest and assigns.
SIGNATURES ON FOLLOWING PAGE
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TMO Site ID:SE04697F 3/6/2020
TMO lease ID:84588
DocuSign Envelope ID:90F858EB-3E43-405D-A9FE-30D4F9BF3FFE
IN WITNESS, the Parties execute this Amendment as of the Effective Date.
LANDLORD: TENANT:
City of Kent T-Mobile West LLC,
a Delaware limited liability company
DocuSigned by:
By. l By: M if`t fia��bV
6607MD15965469...
Print Name: DQYIa. ROdi2h Print Name:
Mike Taylor
Title: W-Voc Title: VP Technology Procurement
Date: Date: 3/26/2020
T-Mobi e Contract Attorney, as to form
Approve)
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TMO Site ID:SE04697F 3/6/2020
TMO Lease ID:84588
SE04697F_633_AMD_NLRP_84588