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Home My WebLink AboutL008-09 - Other - Addendum #5 - T-Mobile West, LLC - Centennial Building Cellular Phone Tower - 07/05/2022FOR CIW OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Becords Managcment This form tomblnes & replaces the Request for Mayor's Signature and Contract Cover Sheet form:. (Print on pink or cherry colored paper) Sup/Mgrl ttl4' DlrAsst eavnev4/f KENT (Optional) WAgHttOtoN E oL CL CL Originator: Leah Bryant Department: Parks, Recreation & Community Services Date Sent: 06/2e /2422 Date Required: ASAP Authorized to Sign: fZMryor ot Designee Date of Council Approval; 6/2L/2022 Budget Account Number: 54006900.562250 Budset? f]v"rEtlo Grant? Yes Type: [\/ff ruoZl co 1r, G ELor{rg iPEo EooLEl Vendor Name: T-Mobile West LLC Category: 'Lease Vendor Number: 64567 Sub-Category: Amendment Project Name: 1-1r4ebile Lease Addendu m ProjectDetails: Reinstatement and fifth addendur to lease agreement Agreement Amount: $3 000/Mo nt startDate: 31112021 Basis for Selection of Cc tractor: O * Memo to Mayu must be attoc, 'd Termination Date: 212812036 Local BusinesslfJVes flNo* ,fr."rr."quirementspetKcc3.z0.t00,pteasecomplete"vendotPurchase'LocalExceptions'fotmoncityspace' Business License Verificatio'.ri fl Yes!ln-Process!ExemPt {KCC 5.01'045) Notice requ m ired prior to disclosure? Nol-lY"' Contract Number: 1008-09 Comments: Original Contract https : / / documents. ke ntwa, gov/WebLi n k/ Browse. aspx ?sta rtid = 2O9 4I8 i/ rnoL5IPo ctl =trC'tE =Eo o CE Date Received: City Attorn ey 7 ll122 Date Routed: Mayor's Office City Clerk's Office adccw22f 13 -'l - 20 Visit Documents.KentwA.gov to obtain copies of all agreements rev. 202'10513 KENT CXTY CLERK CITY OF KENT 22O 4th Avenue South Kent, WA 98032 Fax: 253-856-6725 PHONE: 253-856-5725 WasHrNGroN 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: L09-008 1. Responsible Department/Division: PARKS FACILITIES 2. Contact Person and Title: WILL MOORE 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: 4OO WEST GOWE STREET' KENT 8. Type of Lease: ADDENDUM FIVE - COMMERCIAL PROPERTY RENTAL (CENTENNIAL BUILDING CELL 9, Council Authorization Datel N/A 10. Mayor Signature Date: SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: MARCH t,2016 L2. Tenant Lease Option Renewal Notification Due Date: NA 13. Lease Termination Date: FEBRUARY 28,2036 14. Lease Duration= 3/I/202I - 2/28/2036 SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: $3000/MONTHLY RENT 16. RCNt DUC DAIC: 1't OF THE MONTH 17. Calculation of Rental Increase(s): N/A Lease Agreement Cover Sheet-Page 1 of 2 SECTION 4 - LEASEHOLD EXCISE TAX: 18. Is this lease subject to leasehold excise taxes? X 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? X yES (attach written verification received directly from DOR or indirectly through the tenant, €.9. DOR notification letter) I 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 r.r2B4)NO ialculate the leasehold excise tax (Stated Rent times 'L284) SECTION 5 - APPLICABLITY OF UTILITIES: 2L. Appticability of Utilities - Check all that utilities that are affected and ind-icate provider (e.g. City of Kent), Account Number or basis of exclusion. TTXnn Does Not APPIY Water: Sewer: Paid bY CitY Drainage: Garbage: Electricity/Natural Gas: Facilities established a separate e of $1oo per month in lieu of usage of a separate meterX charg SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: 23. Late Interest: I Vzo/o PER MONTH ON THE AMOUNT OUTSTANDING IF NOT WHEN DUE SECTION 7 - OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc X None (check box if no considerations) Lease Agreement Cover Sheet-Page 2 of 2 DocuSign Envelope lD: Fl BOF485-942&47DII-8703{D222SCBO7D REINSTATEMENTAND FIFTH ADDENDUM TO LEASE AGBFEMENT This Reinstatement and Fifth Addendum to Lease Agreement tthe 'Ilfth AtLlenduTn") is effective as of the date of execution by the last party to sign (the 'EffCg!iue.-Da!g') by and between the City of Kent, a Washington municipalcorporation ("!and!ord")and T-Mobile West LLC, a Delaware limited liabiliW company ('ban(') (each a "?3l$,,', or collectiveln the 'Parties"). Landlord and Tenant (or their predecessors-in-interest) entered into that certain Lease Agreement dated January !8,Z:AOL, including that certain Addendum One to Lease Agreement dated June 27,2}A6,Addendum Two to Lease Agreement dated November 2A,2A06, Addendum Three to Lease Agreement dated May 18, z}tt, and Addendum Four to Lease Agreement dated October tO,2At6 (collectively, th€ "@") regarding the leased premises ('Ptemises") located at 400 West Gowe Street, Kent, WA 98032 (the 'Bfgpgtb/')' The Lease expired on or about February 28,2O2L, since which time Tenant has continued to make alt required payments and has remained on the Propefi in holdover, with Landlord's permission, since that date. For good and valuable consideration, Landlord and Tenant agree as follows: 1.The Lease is hereby reinstated in its entirety, as amended herein, and is ratified and affirmed in all respects as if the Lease never expired. 3. As of MarchOI,2O2!,a new five (5) yearterm began ("First RenewalTerm"). The term of the Lease willautomatically be extended fortvuo {2} additional and successive five (5) year terms (each a "&Ig3!-@,"), provided that Tenant may elect not to renew by providing at least thirty (30) days' notice prior to the expiration of the then current RenewalTerm. At the commencement of the First RenewalTerm provided for in this Fifth Addendum, Tenant shall pay Landlord Three Thousand and No/10O Dollars (53,000.00) per ("Monthly Renf), plus leasehold tax, if required by law, at a rate established by the State of Washington. Partial calendar months will be prorated in advance, by the fifth (5tr) day of each calendar month. Where duplicate Monthly Rent would occur, a credit shall be taken by Tenant for any prepayment of duplicate Monthly Rent by Tenant. Thereafter, notwithstanding anything to the contrary in the Lease, the Monthly Rent shall be increased annually on each anniversary of the first RenewalTerm and each successive RenewalTerm by an amount equalto three percent (3%) overthe Monthly Rent for the immediately preceding year. 2. 1 TMO Site lD: SE04{D3A TMO Lease lD: 78515 st04003A_N1G.47192_AMD_785 15 3124121 DocuSign Envelope lD: F1 86F48$9428-47D4-8703OO222$ICBOTD All notices, requests, demands and othercommunications shall be in writing and shall be deemed to have been delivered upon receipt or refusalto accept delivery and are effective only when deposited into the U.S. certified mail, return receipt requested, or when 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. lf to Tenant:lf to Landlord: 4. T-Mobile USA lnc. t292O SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/ Site SE04003A City of Kent 220 Fourth Avenue South Kent, WA 98032 Attn: Facilities Manager/City Clerk 5. 7 5. TMOSite lD: SE04OO3A TMO Lease lD: 78515 Except for instances of default as set forth in Section 15, this Lease may be terminated (a) by Landlord upon nine (9) months prior written notice to Tenant, if the Landlord decides, in its sole discrction for any reason, to discontinue use of the Premises for city or public purposes; (b) by Landlord if it determines through verifiable scientific evidence that continued use of the Premises byTenant is in fact a threat to health, safety or welfare; (c) by Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (d) by Landlord if Tenant loses its license to provide PCS/cellular service for any reason, including, but not limited to, non-renewal, expiration, or cancellation of its license. Tenant and Landlord will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Property. Except as expressly set forth in this Fifth Addendum, the Lease otherwise is unmodified. To the extent any provision contained in this Fifth Addendum conflicts with the terms of the Lease, the terms and provisions of this Fifth Addendum shall control. Each reference in the Lease to itself shall be deemed also to refer to this Fifth Addendum. This Fifth Addendum may be executed in duplicate counterpartt each of which will be deemed an original. Signed electronic, scanned, orfacsimile copies of this Fifth Addendum will legally bind the Parties to the same extent as originals. 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 Fifth Addendum. 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 Fifth Addendum. lf Landlord is represented by any property manager, broker or any other leasing agent t'?genf ), then {a) Landlord is solely is responsible for all commission, fees or other payment to Agent and tb) Landlord shall not impose any fees on Tenant to compensate or reimburse Landlord for the use of Agent, including any such 8. 9 2 3124121 DocuSign Envelope lD: F1 B6F48S942U7D+ts7O3ofl,2229€iCBlf)TD commissions, fees or other payments arising from negotiating or entering into this Fifth Addendum or any future addendum. 10.This Fifth Addendum will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns. lN WITNESS, the Parties execute this Fifth Addendum as of the Effective Date. LANDLORD:TENANT: City of Kent, a Washington municipal By Print Name: Title Date:-1 b T-Mobile WestLLC, a Delaware limited liability company By: Print Name: Title: Date:7 0 L TMO Signatory [e\.el : 107,5107 3/2412t 'l / 3 TMO Site lD: 5E04fi)3A TMO Lease lD:78515 sEo4o&|A N1G47192 AMD 78515 $&J. Utqs"; W,try4dWb.L ildlEe75U*Edt&rd.&\q* hruttrrod DocuSign Envelope lD: Fl 86F48$942&47D+8703{D22299CBO7D Notarv block for Landlord STATE OF WASHINGTON COUNTY OF KING This instrument was ltitlel Dated before me on on behalf of corporation. ss. of by Notary Pub Print Name lic My commission expires (Use this space for notary stamp/seal) TMOSite lD: SE(Xfi)3A TMO Lease lD:78515 4 9 Op I 3l24l2t DocuSign Envelope lD: F1 BOF48$942&47D+8703{P2229SCBO7D Notarv blockforTenant STATE OF T.*s COUNW OF $"6fanr I certifo that I know or have satisfactory evidence that $e"ruI o4 Cs,ftill,s rs the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she \ tas authorized to execute the instrument and acknowledged it as the of T-Mobile West LLC. a Delaware limited liabiliW comoanv. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:0\n\-uLL n^?vhE- Notarv Public print lrtame AnWf k,nrt ss commrssron expr res \{ (Use this space for notary stamp/seal) TMO Site lD: SE040O3A TMO Lease lD: 78515 5 Notrry Publlo, Stltc of Comm. ExPlrcr lGt AMEER STARNES lD 133401843 AMBER STARNES Comm. Expires 1Gl92026 Notary lD 133401843 Public, State of 3/24121