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HomeMy WebLinkAboutAdden 3 r ✓ '400LAG-97-004, Addendum#3,I•(r Il SEA-044 A THIRD ADDENDUM TO OPTION AND SITE LEASE AGREEMENT This THIRD ADDENRUM TO OPTION AND SITE LEASE AGREEMENT ("First Amendment") is effective this 2,0'*day of j.&. , 20 It , and is intended to modify that certain Option and Site Lease Agreement dated June 13, 1997, ("Lease") between the City of Renton, a municipal corporation of the State of Washington ("Owner" or "Landlord"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, successor-in- interest to US West Communications Wireless Group, a division of USWEST Communications, Inc., a Colorado Corporation, effective March 4,2005 ("Tenant"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Landlord and Tenant agree as follows: 1. Exhibit "C" of the Option And Site Lease Agreement is deleted in its entirety and replaced by the Amended Exhibit"C",consisting of Site Equipment located at the Premises,which is attached and made a part hereof. 2. Landlord hereby grants Tenant the right to attach three(3)additional panel antennas and expand the size of Tenant's lease area to 10-feet by 20-feet as specified in the Amended Exhibit "C," attached hereto and incorporated herein, all in accordance with the terms and conditions of the Lease. Tenant shall have the right to replace, repair, or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto. Effective the first day of the month following the date Tenant commences modifications to its equipment at the Site (the "Rent Increase Effective Date"), the rent payable for Tenant's use of the Premises shall be increased by Four Hundred Eighty and NO/100 Dollars($480.00)per month. The parties shall confirm in writing the Rent Increase Effective Date. 3. The following shall replace Section 2 of the Second Addendum to Option and Site Lease Agreement, modifying Paragraph 5 of the Option and Site Lease Agreement,entitled"Rent:" Annual rent will be automatically adjusted each September throughout the term of this Lease in proportion to the annual increase in the"All Items"category of the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Tacoma-Bremerton, WA Metropolitan Area for the"Base Period"of 1982-84= 100 ("Index") for the twelve month period ending in June of each year. If the Consumer Price Index declines during a June- to-June period, in no event shall the rent be less than the original rent set forth in the agreement. If the Index is discontinued,the parties agree to use a locally available comparable substitute. 4. The following shall replace Section 14 of the Lease: All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows(or any other address that the Party to be notified may have designated to the sender by like notice): OWNER: C�ity'of Renton (%fVr fZA4,.eV-. }' � �/fico l7�rer tc✓ izevttDC- 1+a ti 1052'3 R w&&' 1 V./4 097 1 Site Number: SEA-044 A Site Name: Highlands Elevated Reservoir DWT 16140782v3 0052051-000032 *"OLAG-97-004,Addendum #3-10 SEA-044 A TENANT: Verizon Wireless(VAW)LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 5. Unless otherwise provided herein, all defined terms shall have the same meaning as ascribed to such terms in the Lease. 6. In the event of any conflict or inconsistency between the terms of this Third Addendum and the Lease, First Addendum or Second Addendum,the terms of this Third Addendum shall govern and control. 7. Except as otherwise provided for in this Third Addendum, the Lease shall remain in full force and effect in accordance with the original terms of the Lease. IN WITNESS WHEREOF, this Third Addendum is effective and entered into as of the date first written above. OWNER: THE CITY RENTON a municip c poration of th State of Washington J cl By: Attest: &""e- Bonnie "e-Bonnie I. Walton,City Clerk Name: Denis Law Its: Mayor Date: l Z 26L242 11 w Ap rofdas to form: AA City Attorney 1 y TENANT: Verizon VA LLC d/b/a Verizon Wireless By: Name: Walter L. Jones,Jr. Its: Area Vice Pr ide t Network Date: 2 Site Number: SEA-044 A Site Name: Highlands Elevated Reservoir DWT 16140782v3 0052051-000032 rrr✓ `" '✓,AG-97-004,Addendum#3-10 SEA-044 A EXHIBIT C To the Lease dated June 13, 1997 by and between the City of Renton("Lessor"or"Owner")and Verizon Wireless (VAW)LLC d/b/a Verizon Wireless, successor-in-interest to US West Communications Wireless Group,a division of USWEST Communications, Inc., a Colorado Corporation,effective March 4,2005 ("Tenant"). 3 Site Number: SEA-044 A Site Name: Highlands Elevated Reservoir DWT 16140782v3 0052051-000032 *Me EXHIBIT C Description of Equipment 2 of 4 Cabinets: (6)total Manufacturer: Lucent/Emerson/Erikson Dimensions(W x D x H): Approx.35.4 x 40 x 72 in/approx.36 x 38 x 80 in Clearance: 1 to 6 inches between cabinets Antennas: (12)total Manufacturer: Antel/Amphenol/CSS Cable: (18) 1-5/8" Dimensions(L x W x D): 70.9 x 5.5 x 13.2 in/72.0 x 14.6 x 8.0 in/48.2 x 6.1 x 4.1 in/ 71.0 x 11.2 x 5.2 in/48.8 x 6.1 x 3.2 in Weight: <46 lbs NOW EXHIBIT C Description of Site 3 of 4 Existing water tank Tenant's approx. location of coax route ` to run underground to i the leg(s)of the tower and up the tower to each sector. IR I I r 1 Approximately 200 Approximately 27.5' square feet of Tenant ground lease area. A roximatel ' pp Y 86 NE 12TH 37REET— ` W EXHIBIT C Description of Site 4of4 Tenant Antennas Ith Iw Existing Water Tank 5 f^ Tenant Antennas