HomeMy WebLinkAboutAdden 2 RENT-007-01 LAG-96-001
• Site Name:May Valley,Rer ! ighlands Water Tank Adden. #2-98
SECONAMENDMENT TO PCS SITE AGRE>LENT
This Second Amendment is dated this 26th day of February, 1998 and pertains to that PCS Site
Agreement("Agreement")dated May 6, 1996 and between the City of Renton("Owner")and Sprint
Spectrum,L.P.("Tenant").
RECITALS
1. The Agreement and this Second Amendment pertain to real property located at 3410 NE 12`h
Street,Renton,Washington,also known as known as the Highlands Reservoir Water Tank,
and legally described in Exhibit A,which is attached hereto and made a part hereof
(hereinafter the"Site").
2. Owner is the owner of the Site. Tenant has constructed and installed three sectors as part of
its personal communications service system facility ("PCS Facility")on the Site and as
described in the Agreement.
3. The parties hereto have identified several additional issues,subsequent to the execution of the
Agreement,upon which they have reached agreement and intend for this Amendment to
reflect those understandings.
NOW,THEREFORE,for and in consideration of the mutual covenants contained herein and other
good and valuable consideration,the adequacy of which is hereby acknowledged,Owner and Tenant
mutually agree as follows:
A. RENT:As per Paragraph 3 of the Agreement,Tenant shall pay Owner,as rent,the sum of
$7,200.00 annually. Said rent was payable 30 days after the issuance of a building permit for
the site,and each anniversary of that date thereafter. The Agreement is hereby amended to
read that said rent shall be payable in advance on or before the first day of October of each
year beginning in 1998 and each year thereafter. Therefore,the annual renewal date for the
Agreement is hereby modified to read October Pt. The Agreement shall read that the annual
rent increase will be adjusted each September beginning in September, 1998 and every
September thereafter,to be paid with the annual rent due on or before October 1 of each year,
in proportion to the percentage increase in the"All Items"category of the Consumer Price
Index("CPI")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. If the CPI
declines during a July to July period,in no event shall the rent for the next year be less than
the original rent set forth in the Agreement. If the above-referenced Index is discontinued,
the parties agree to use a locally available comparable substitute;
B. As per Paragraph A above of this Amendment,the first increase in annual rent will occur in
September, 1998 for the annual payment due on or before October 1, 1998. Owner
acknowledges that Tenant has paid rent from May, 1997 through May, 1998. So that all rent
shall be current as of the first increase date,Tenant agrees to pay rent for the period from
May, 1998 through September 30, 1998 within 30 days of the full execution of this
Amendment.
C. Owner shall be responsible for presenting Tenant with an invoice showing the CPI increase
derived by Owner and a total amount due for the next year. Owner agrees that if owner fails
to provide Tenant with an invoice showing the CPI increase by September 15th,then Tenant
shall have no obligation to increase the rental amount due by October 15`
D. In the event of a conflict between the terms of the Agreement and this Amendment,the terms
of this Amendment shall be controlling. All other terms and conditions of the Agreement are
hereby ratified and shall remain unchanged.
Owner Tenant:
CITY OF RENTON SPRINT SPECTRUM,L.P.
By:Jesse Tanner By:Ted King
Its:Mayor ts:Director,Engineering and Operations
* '4w+''
State of Washington )
County of /j tit-
On
tOn this 2LI day of 8191 , 1998, before me personally appeared Ted
King, Seattle MTA Director for Sprint Spe Crum, L.P. to me known to be the individual
described in and who executed the foregoing instrument, and acknowledged that he
signed the same as his free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal the day and year last above written.
/ • 1, C) 4,
tary(print name) K.L CQL( AN
(Notary Seal) Notary Public in and for e Ste of
Washington,residing at !'Gtr 11-_-
My Appointment expires 110 v o I
State of Washington )
County of )
On this 41 day of A.A..t ti,, 1998,before me personally appeared Jesse
Tanner,to me known to be the individual described in and who executed the foregoing
instrument, and acknowledged that she signed the same as her free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
ii
Notary(p t e)AA/main/ T. PPrZcenl
(Notary Seal) Notary Public in and for the State of
Washington,residing at 7elllf'D PI
My Appointment expires 1 D - f-00
ti✓' ✓
SSLP agrees to pay a reasonable fee for an engineering firm of the landlords choice
(CH2M Hill) to approve site plans and installation of the PCS equipment.
The City of Renton will not permit the installation of any future equipment, owned by a
third party, which results in technical interference problems with SSLP's then existing
equipment.
In the Event, the City of Renton installs any electronic communications equipment, they
will provide SSLP with 30 days notice, in order to coordinate and ensure interference
issues are addressed prior to installation.
All construction, including utility hook-ups shall be approved by the Water Utility
Division of the Planning/Building/and Public Works Department of the City of Renton
prior to construction and hook-up.
Owner Initials y
SSLP Initials rrte—
ORIGINAL