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HomeMy WebLinkAboutAdden 1 PAG-13-007,Adden#1-16 AMENDMENT TO UTILITY EASEMENT AGREEMENT (City of Renton to AT&T Corp) THIS AMENDMENT to Utility Easement Agreement PAG 13-007 is effective as of November 1, 2016. RECITALS: WHEREAS, in 1987, the City of Renton and AT&T entered into an easement agreement, PAG 001-87 (the "1987 Easement"); and WHEREAS, in 2013, PAG 001-87 was replaced with PAG 13-007, effective November 1, 2013; and WHEREAS, PAG 13-007 amended the square footage to be 61,403.35 square feet (6,140.35'L X 10'W); and WHEREAS, the annual charge for the utility easement for the approximately 61,403.35 square feet of right-of way was determined to be $16,578.90, and continuing until the third (3�d) anniversary of the Commencement Date, which is determined to be November 1, 2016; and WHEREAS, under section 3.b. Periodic Adjustment of Annual Easement Payment (PAG 13-007), the first periodic adjustment is to be calculated using the Consumer Price Index for All Urban Consumers for Seattle-Tacoma-Bremerton All Items (1982-84=100) (CPI-U); and WHEREAS, the CPI-U for October, 2013 was 242.787 and the CPI-U for August, 2016 is 256.907, and the difference between the CPI-U of August 2016, as compared to October 2013, is 5.8% (256.907/242.787 = 1.058% or 5.8%); and WHEREAS, on November 1, 2016, and for the ensuing three (3) year period, the utility easement agreement has been adjusted using the Consumer Price Index-Urban, to an annual utility easement amount of$17,540.48 (16,578.90 x 1.058), and continuing until the next Adjustment Date, which is determined to be November 1, 2019. NOW,THEREFORE, IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABIE CONSIDERATION,THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, GRANTOR AND GRANTEE AGREE TO AMEND THE UTILITY EASEMENT AS SET FORTH BELOW: ORIGINA�L WITNESSETH: ' r n r n r - 1. G a to a d G antee do hereby agree that the difference between the CPI U of August 2016, as compared to October 2013, is 5.8% (256.907/242.787 = 1.058%or 5.8%). This results in an annual utility easement increase from $16,578.90 to $17, 540.48 (16,578.90 x 1.058). 2. Grantor and Grantee agree to amend section 3a. of PAG 13-007 as follows: 3.a. Annual Easement Payment: Grantee shall pay to Grantor an Annual Easement payment (hereinafter "Easement Payment") in the sum of seventeen thousand five hundred forty dollars and forty eight cents ($17,540.48), without deduction, offset, prior notice or demand, payable promptly in advance on the first day of the following month. All such payments shall be made to the City of Renton, 616 West Perimeter Road-Unit A, Renton, Washington 98057. 3. All other terms and conditions of the original Utility Easement Agreement, insofar as it is not inconsistent herewith, shall remain in full force and effect. AT&T Corp CITY OF RENTON a New York corporation a Municipal Corporation � ` ���a� � ►"��� � �, � d� • ` /'�/ H`Vl✓1 S• �IG�0.(�[.�Sb(1 Denis La�`` �����``,`.�.• f��� * i � ' MayBr , = - z =- ='Z= �Op _�' � : ',� �:al► � . �� `,,�1� ``� Sr. `Te.�.h,��r.a I i`�'f�,��fi M�r. � ��..� �, I� Title Jas Seth �''��,,, �';�..��`�� ,��►►��►���. ```��N111111N��Nh/ City Clerk ,�,�,` ap RCNr'�ti,, ``. ``�,NNN��uN,� �. , ``�`�� tiy�y �� �'� 1 � � : � , L s Date � * = gEA i * � �� � � � � Appr as to legal for s��i yCp''������uu�a���"��````���+`� ''���/i���RATEO s����`��`` •� �N►11►N Lawrence J. Warren, City Attorney