The URL can be used to link to this page

Home My WebLink AboutAdden 4 ✓ `` LAG-97'=004, Adden #4=15 e DEPARTMENT OF COMMUNITY SERVICES FOURTH ADDENDUM # 04-14 TO LAG-97-004 Between CITY OF RENTON and VERIZON WIRELESS (VAW) LLC, d/b/a/ Verizon Wireless, successor-in-interest to USWEST COMMUNICATIONS WIRELESS GROUP ADDENDUM#04-14 This fourth addendum ("Addendum # 04-14") to LAG-97-004 is agreed to on this • day of �4' ("Effective Date"), by and between the City of Renton, a noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington ("Renton"), and Verizon Wireless (VAW)LLC, d/b/a Verizon Wireless("Tenant" or "Lessee"). Renton and Tenant are collectively referred' to as the "Parties". The Parties mutually agree to amend their Option and Site Lease Agreement (LAG 97-004) (at Site # SEA 044A) (the "Agreement") for the purpose of extending the lease for an additional five (5)years. Prior Addenda to LAG-97-004: Addendum #01-97: Among other things, Renton granted Tenant an option to lease the Site for the permitted use;the right to install, construct, reconstruct, maintain, update,replace or upgrade its communication facility; required Tenant to obtain a separately powered power source to the site; extended the term of the lease for ten (10) years, with a right to renew for an additional ten (10) years; set the monthly rent amount to $617, to be increased annually, based on the "'All Items' category of the Consumer Price Index for Urban Wage Earners and l Clerical Workers published by the Bureau of Labor Statistics of the US Department of Labor for Seattle-Everett Metropolitan Area (1967+100) (the 'Index')"; removed insurance language limiting recovery to insurance proceeds; removed Tenant's ability to sublet to assign its rights to the site without Renton's consent; and removed language requiring arbitration in accordance with American Arbitration Association rules. Addendum #02-97: The Parties agreed to replace the language in Paragraph 5 of LAG 97-004 with new language with kept the month rental amount at 617.40, subject to automatic annualincreases based on 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 US Department of Labor for Seattle Metropolitan Area (1967+ 100)(the 'Index') for the twelve month period ending in July of each year." Addendum#03-11:Among other things,the Parties agreed to replace Exhibit"C" of LAG 97-004_with an Amended Exhibit "C", consisting of Site Equipment located at the Premises, which was attached and made part of addendum to the agreement; Renton granted Tenant a right to attach three (3) additional panel antennas and a right to expand Tenant's Premises to 10-feet by 20-feet as specified in Amended Exhibit "C"; the Parties updated the statistics from Bureau of tabor Statistics of the US Department of Labor for Seattle Metropolitan Area (1967+ 100) to "'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"; and the notice contacts 2 were updated to reflect that the Tenant is Verizon Wireless and that Mr. ,Peter Renner represented Renton. NOW, THEREFORE, in consideration of the mutual terms and covenants previously exchanged and to be exchanged in the future, the Parties agree to the following amendments, to be known as Addendum #04-14, with all the unaltered terms of the Agreement remaining in full force and effect: SECTION 1. Pursuant to Section 4, Term, Agreement Section 3, entitled Permitted Use, shall be amended by the deletion of [see addendum] and the addition of the following language at the end of subsection(a): This subsection shalt be subject to any addenda or exhibits referenced or mutually agreed upon by the Parties. Additionally, Agreement Section 3, entitled Permitted Use, shall be amended by addition of the following language at the end of subsection (c) Lessee shall have the limited right to expand the size of the Site to accommodate the installation, maintenance and/or use an electrical generator at the Site as a power backup or emergency source of electricity, as depicted on Exhibit C attached and fully incorporated by reference into the Agreement. Exhibit C to the Agreement is supplemented with Exhibit C-4 attached and fully incorporated by reference into this Agreement. SECTION 2. Pursuant to Section 4, Term, Agreement Section 4, entitled Term, shall be amended as follows: The Parties mutually agree to extend the term of the Agreement for an additional five (5) years, ending February 8, 2023. After the extended Term of this Agreement, the Parties may agree to extend the term of this Agreement with another Addendum, subject to the Renton City Council's approval. Y SECTION 3. Pursuant to Section 4, Term, Agreement Section 5,entitled Rent, shall be amended by the addition of"(c)" which states the following: 3 Effective the first day of the month following the date Tenant commences installation of the generator at the Site (the "Rent Increase Effective Date"), the rent payable for Tenant's use of the Site shall be increased by $200.00 per month. The Parties shall confirm in writing the Rent Increase Effective Date. IN WITNESS WHEREOF, the Parties agree that this addendum, once executed, takes effect on the Effective Date noted above. Dated: N rCr>i�"i!o-��- f�i� z' /5— Renton, 5Renton, Washington CITY OF RENTON: By: Denis Law, Mayor Attest: Iz i� Jaso Seth, ity Clerk ° 0,' VG�HR►i�tr��//// s* SEAL CO 4 TENANT: VERIZON WIRELESS (VAW) LLC d/b/a Verizon Wireless 8v: Brian r n Mecum Area Vice President Network State of California ) ss. County of Orange ) On DR. ' -lq 201 before me, Notary public personally appeared Brian Mecum who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. RUTH L. CON EPCION Cir Canmission 207064 Signature of Notary Public r . 4 Al P!otary Public -California z n Orange County ?' <i COMM Expires Jun 7, 2018 .? �. Place Notary Seal Above } Exhibit C-4 [See Attached]' EXHIBIT C To the Lease dated June 13,1997 by and between the City of Kenton("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 L7SWEST Communications,Inc.,a Colorado Corporation,effective March 4,2005 ("Tenant'). N✓ EXHIBIT C Description of Equipment 2of4 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 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 EXHIBIT C Description of Site 3of4 ` Existing water tank PK- 1 \ \ Tenant's approx. I location of coax route to run underground to the leg(s)of the tower I " and up the tower to each sector. ° I I ij I � I , I Approximately 220 existing square feet of Tenant Approximately 27.5' 9 round lease area n - Approximately 86' 1 r Tenant additional lease space for generator: 11'x 5' p+-cs_ -'j�•`�—�- �iJB� T .-z-�r�7(c�-fir ASrs 01 i `vier► `yrs` EXHIBIT C Description of Site 4of4 Tenant Antennas Existing Water Tank 54 4 t Tenant Antennas