Loading...
HomeMy WebLinkAboutPermit• ,` SECTION 1: There is hereby given and granted unto American Telephone & Telegraph company, a New York Corporation, its affiliates, successors and assigns (hereafter "Grantee") for a period of five years from the taking effect of this Lease, subject to renewal upon expiration for a like term, the right, privilege, and authority to lay down, construct, operate, maintain, replace, alter, remove and repair one or more fiber optic lines, together with all equipment and appurtenances thereto, for telecommunications under, below and through certain right-of-ways and lands within the City of Renton Municipal Airport but such construction, installation and maintenance of any and all such lines to be limited to a width of fifteen feet (but not to exceed thirty feet during period of construction and repair) under, below and through said right-of-ways and other properties, as more particularly described on the attached Exhibit "A", which is made a part hereof and incorporated herein. SECTION 2: This Lease is granted upon the express condition that it shall not be deemed or held to be an exclusive lease in, along, over, through, under, below or across any of said right-of-ways, lands and properties of every type and description, within the Renton Municipal Airport, and such lease shall in no way prevent or prohibit the City of Renton or its tenants from using any of said lands and tenant properties or affect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as they may deem fit, including the dedication, establishment, maintenance and improvement of all new right-of-way and thoroughfares and other public properties of every type and description. American Telephone & Telegraph Company, as Grantee herein, agrees and covenants at its sole cost and expense, to protect, support, relocate or remove from any street any of its installations when so required by the City of Renton by reason of public safety, dedications of new right-of-ways and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any Governmental agency acting in a Governmental capacity, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same land, upon approval by the City of Renton, any section of fiber optic line required to be temporarily disconnected or removed. SECTION 3: All construction, and installation work whenever same crosses any of the properties described in Exhibit "A" herein, shall be done under the supervision of and upon the inspection of the Public Works Director, and Grantee shall timely submit unto the Public Works Director, prior to any such work, detailed plans and specifications 3 4 0 4 U of any such proposed work. All construction shall be subject to the approval of the Public Works Director and such approval shall be given in writing. SECTION 4: This lease shall be void if Grantee shall not within thirty days of the adoption of this lease file its written acceptance thereof with the Department of Public Works of the City of Renton. SECTION 5: The Grantee, its affiliates, successors or assigns shall commence construction work under this lease within one year from and after the date of passage thereof, and all such work shall be completed with the greatest amount of dispatch so as to reduce any interference with vehicular and pedestrian traffic and the public safety and welfare to a minimum. If at the end of one year from and after the granting of this lease, the Grantee, its affiliates, successors or assigns, shall not have laid, constructed and have in operation upon any of the aforesaid streets and right-of-ways such pipes and appurtenances thereto, then in that event the rights hereby conferred upon the Grantee shall automatically cease and terminate. SECTION 6: All pipe and other components of any fiber optic line, and appurtenance thereto, -to be placed within any street right-of-way or Municipal Airport property shall be designated, manufactured and installed in accordance and in full compliance with the provisions and terms of the ASTM Steel Schedule 40, PVC Schedule 80, or Schedule 40 in concrete encasement. SECTION 7: During any period of construction, all surface structures, if any, shall be erected and used in such places and positions within said Municipal Airport properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property and tenants, and Grantee shall at all times post and maintain proper barricades during such period of construction as required by the laws and statutes of the State of Washington. All fiber optic lines constructed and installed by Grantee within the City of Renton shall be located, buried and installed to a depth of not less than three feet and as otherwise provided for in the aforesaid Code, the laws of the State of Washington and the Ordinances of the City of Renton, now or hereafter in force, regulating such installations. Grantee shall establish and maintain at all times adequate facilities on the portion of each fiber optic line installed under the authority of this lease, and elsewhere on the same fiber optic line, to promptly localize operating troubles and to minimize the effects thereof, whether on City streets or on their use by the public. SECTION 8: Grantee, its successors and assigns, hereby agrees and covenants to promptly repair any damage to City or tenant property of every type and nature and all other City or tenant improvements caused by the failure of Grantee's work during the life of this lease should it be necessary to make any excavation within any said right-of-way and the Municipal Airport, in the laying, constructing, maintenance, removing, -2- replacing, altering or repairing of any such fiber optic line or structure, Grantee shall without delay and at Grantee's sole cost and expense, restore the surface of said right-of-way or other public or tenant property to at least the same condition immediately prior to any such installation and construction. Grantee shall comply with all Ordinances and regulations of the City of Renton, Washington regarding such excavation and whenever deemed necessary by the Public Works Director shall be required to post a performance bond in favor of the City warranting, among other things, that such restoration work will be done promptly and in proper, workmanlike manner. SECTION 9: Grantee, its successors and assigns, agrees and covenants to indemnify and hold harmless the City of Renton from and against any and all liability, loss, cost, damage, whether to persons or property, or expense of any type or nature which may accrue to the City by reason of the construction, operation, maintenance, repair and alteration of Grantee's facilities. In case any suit or action is instituted against the City by reason of any such damage or injury, the City shall cause written notice thereof to be given unto Grantee, and Grantee shall thereupon have the duty to defend or settle any such suit or action, without cost or expense to the City; provided, however, that Grantee shall have no duty to defend or indemnify the City against any such liability, loss, cost or damage as arises from the sole negligence of the City. SECTION 10: For the purpose of compelling compliance by the Grantee with all the terms and conditions of this lease and the maintenance of said fiber optic lines and facilities in good condition, City retains the right to end and terminate and fully forfeit the lease herein granted, within thirty days after written notice unto Grantee, whenever Grantee fails to comply with any of the terms and conditions hereof. Upon such forfeiture, the City shall have the right to require Grantee to remove any and all of its fiber optics, appurtenances and equipment within the City of Renton, all at Grantee's cost and expense, and to promptly and timely restore all roads and other public properties to the condition immediately prior to any such forfeiture and termination. SECTION 11: The City of Renton reserves unto itself the right and power at all times to reasonably regulate in the public interest and for the public welfare the exercise of all lease rights granted herein. SECTION 12: The laying, constructing, installation, maintenance and operation of said fiber optic lines and facilities in connection therewith shall not preclude the City of Renton, its authorized agents, contractors and representatives from blasting, grading, excavating or doing other necessary or public works over, unto, abutting, or contiguous to Grantee's fiber optic line or facilities, provided, however, that Grantee shall be given forty-eight hours written notice of any such blasting, grading or excavating so that Grantee may take proper steps to protect its fiber optic line and facilities. SECTION 13: Grantee shall have no recourse whatsoever against the City of Renton for any loss, cost, expense or damage arising out of any provision or requirement of this lease or the enforcement thereof. -3- 3404U This lease does not relieve the Grantee of any requirement of any City Ordinance, rule or regulation or specification of the City, including but not limited to any requirement relating to street work, street excavation permits and fees therefor, or the use, removal or relocation of property and streets. No privilege nor exemption is granted or conferred unto Grantee by this lease except those specifically prescribed herein, and any such privilege claimed under this lease by the Grantee in any street shall be subordinate to any prior lawful occupancy of the property or any subsequent improvement or installation therein; provided, however, any subsequent improvement or installation shall not interfere with the installation and operation of the Grantee's facilities hereunder. SECTION 14: In the event the use of any property is permanently discontinued, or no renewal has been obtained therefor upon expiration of this lease, or within thirty days after any termination of this lease, then Grantee shall promptly remove from the streets and other properties all of its facilities, other than any the City may permit to be temporarily or permanently abandoned. SECTION 15: The Grantee shall, within ten days after the award of this lease, file with the City of Renton Department of Public Works and at all times thereafter maintain in full force and effect an acceptable corporate surety bond in duplicate effective for the entire term of this lease, and conditioned that in the event its Grantee shall fail to comply with any one or more of the provisions of this lease, then there shall be recoverable jointly and severally from the principal and surety of such bond any damages suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of properties hereinabove described, up to the full amount of the said bond, said condition to be a continuing obligation for the duration of this lease and thereafter until the Grantee has liquidated all of is obligations with the City of Renton or may have arisen from the acceptance of such lease by the Grantee or from its exercise of any privilege herein granted. The bond initially filed in accordance with the requirement of this Section shall be in the amount of Ten Thousand Dollars ($10,000.00). In the event of substantial change in the volume of space occupied by AT&T, the City may require a corresponding change in the amount of such bond. Neither the provisions of this Section or any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder shall be construed to excuse faithful performance by the Grantee or to limit the liability of the Grantee under the lease or for damages, whether to the City or members of the public generally, either to the full amount of the bond or otherwise. SECTION 16: Upon application to the City Council of the City of Renton by Grantee, the Council may authorize Grantee to install, construct and/or retain additional fiber optic lines, as contemplated in Section 1 hereof, in a manner satisfactory to the City Council; such additional installations shall be subject to all of the terms and conditions of this lease and to any such additional conditions as may be prescribed by the City Council as to any such additions. -4- SECTION 17: Annual Fee - The Grantee shall pay an annual fee to the City in the amount of 33% of the official lease rate for the current year, per square foot for a corridor 15 feet in width along the fiber optic line through the Municipal Airport, as set forth in Exhibit "A11. The current Airport ground lease rate in $0.14 per square foot per year. This standard rate is subject to periodic revision. The next review of the rate is scheduled for June 1, 1990. Mayor CITY OF RENTON ACCEPTED BY GRANTEE, American Telephone ATTEST: City Clerk 11-3o-3';7 & Telegraph Company this 2 1 day of ( Tb , 1987. 4, M, ZU-W S. M. o Gi 1 chri st - Manager, Right, of today ID.05.05 1/2/87 -5- w -s -n l.in >"� s3xoa q Jna.c. aatl� LO -L -V -1 1119 Stl �B-bZ q (Anil sseah OL '15UOJ 1ZN � J v -21-i '2 SWJ TOJ 31154 _ �B-LL-OI. '-111tl C^79nJ �O Ild° by -i � � EI F.�s9a� 6 139HS S39 /+ 9 3NI1 HD,Lp W� w i J E. b u 6[ B bZB '014 y1 � Q m 0Q� a 1 T1 I r ss 2 e - _°r 9 I o� �I la I It � z I IF0 o 1 g e , I w II �l - 14,i: o ,m J I �^ I ' If I I R I e Irl � v rBrl i Z �91 i' r r_ Y / Er• j 1 o I I 3 I r J f- / �j rr N U H un r I ryy 3 3 3 iJisz9 SNI W � - � d� v� S € 3�e .d ce-6-r -11ng sb .gig-sz_�- =y'�'Ol aoz.nw`�jry�-� 7 LB -21- 'y S Z I SI- SW51A3D 031418 THIS SHC6T S J93FiS 335 LO+E�a SfJll H71o1N ~.� € � j IS m1 tl� .nmfmq 1 1 >I 111 © 1 Z 1 7 1 y I°�F 1 -fl II t7d Wq c_ � tl E tee, 1 1 II aC - n 3 4N .tl �W�y d I Q I p •�u L e 1 I I ;Ir v I i tl� I I �InM d5 u� eel I III , � I it I F ', r I h l V B� ♦3o QS i t0 'y' C J ` 0 E 133115 335 Lr+OE9 3bI-I ND1bW >ema-T oe c �� ai-.--SYEET nAA7� LINE 03�t 10 E LB-b-+—ltrn9 4b a �e a <i0-bFll Aln -apl sa><oa 9 �.v E mb-s y�9HS SIHl96+@� 3NI-1 H7JY1' ' 133 H5 335 9w5Se 3NI-1 H71Vw � g � R � �@g4 [�[ 1 11 � Y Ij it `�iih i Q�esa `.9YG oJe �k irc °a °° mm'oOFi I /p I " I i I.o dv I •E6, Ce SYY? ' V ssutgo— "4 � y m^wl Ir I mPI nn x I I 1 °vyYgmm ' � �$ m •�� � 4 I I .J. t I a�otl A A I � ° a4da I I W�FO t W I ISI FQ V Z 1-�_�d qq I z� e r u dor l_ �a 1 li :) - - - - --------- b I r -tltl CC A` O I I I � I •_ria (y• ¢ � II �.� _- u I I � r„••;� - T IIs - - -.-- _ - _- ' I ad � II i IN 1 ul Io�, V N W _Nn I s0 Q'+n I I •N9�wo r Q I� .o- w4v� g 9 I I O I m r 9 t o Ihl l h . J 15 , F ( Pt r FU.m Pip �W . S� t 41.vuull ea I �r � i:• ” 1 I 1 I 1416 OZaEbB wl 'w� s pin S �EWLbnyC b 199H33� L ag� °� 133H5 SIH196+%8 3NI-1 H71PW W f+g 3NI, H>1PW Ye H m 1 ' bic{Lvovud°n° a I Ocill 'p}L 3J�y HTu331'JW 3U -E %8 -6Z -d s911ni1(i �O X134 GCb� L°°1+oJ A31G7O"1�'da sa LJ�D3 ul'1 Lyn 35pJjyd p 0 ,JI G821 -I LISIAJ aol 31� 51- aSIrQ��n;� bEW 01 / e3Nfl H>ypw :� QQ II '-E 39 Q3T a a poll tit a m H. UY (.. �' I1� i 3 sa4,•,a uFi n I� Hp N♦•2 f �i I 3 111 JJ . � ' •�VSO�. hl •� 9 a 61 m �� W i t u i elll_ i ga= +m�µ�_: W w u J anlaa 1 I i 4 �'asb I � UI ' W F J d t7 u III Z � F y I N u I W L m C inn: Rol J L I I I s I I�u 4 N oz Jn18a 11 ul N I r�' loses I afu(gj i 'c . _ �n,aa r_�o..uv I . I ✓ � � C e . y �_"• �i I 3d �� - m I � � 1 y1 V Ir x Iv �i W I• I d�o'i 3 I W II gyE'r C- Ji II E a•III a 1 O FFt{ `d II 1 � I ry „ gw ISI I I _ ifl 3 b d d I .4 w ala �Lls. O Y4 sz o�.er O ly H• I Y /N � S. y�3H5 93S 90+558 A", "Yo -L�3H5 SIHl bl+/ ,H w+gy � 3N17 H�1p{ry 'v y3 d � y 1 S d B I YIN 20S 264 -AR m 1 a J •u3 ori 'P 0 z � mU II II � I I I�Yi i It1 S. y�3H5 93S 90+558 A", "Yo -L�3H5 SIHl bl+/ ,H w+gy � 3N17 H�1p{ry 'v y3 --4 oa-bz-p za+<s 'eis ddlh aoo-� b7 3111 'LSI flop 79-62-p iL11 alfa d SWO)J dlOnb OL 111WYOJ ilb 3>g <g'b'�—YIIItg $b ®+bl OL oofll yj5 a{IIl MJ�ial '01)3-9 >B-bs-p a)iYi71n a]l ]Yrl x1111 E1 doDJ Ge -2 � -jsYpJ a0J -'^cl ne-bl 11 ALS m! 53%00 dY) -J.S mb-5 133HS SIH192+£G8 3NI, H717W Co � 'lllllllllll y 4z Igl=li 0 T � �II j "Eo io3 o i.w n z JJ { Np F m € N 14 c°°> � � 2 � � •_4e3E@ W Lbw dIV, 9 133HS M!3S bE+L98 3N11 H71VW 1 .5 I 133HS SIHL'-i2+£B 3NI-I H7171 ce-b-�-1 Ino sb - �v-bz-o ZAom iaolam anoiu-sn3as a-zly •a1s1eSJ ao7 ansa- sa-�a:a aasu�n av aan aim aasaoaJ mea 7fi-bl-Il /.L7 ZLSI Si%p6 dllb JAJ E OGb -s �9-I SILLI'Nlb � ani Jo FLa eab-1 IS�OISIn3n _ o � I �EE 6 1aaHS 333 +E+LBB HNI-I HDIP" III�I VIII) J C � ym2 1 ? S un a ` t Y' nm � �� � O F •nJsn ss s: . I d C Nldad vIW,G Q I3 w <� Gd I JIh a0 on a�bnd G Z 1 _ 'ls N19O1 Nsv� .Yil r la�1s nadbP av�aT U - >7 '.F:�— 19a VIX I a� •'hmF� + ZJ I I a i 1 1 mnl r tl �l W j c7 1 I d d I � •n UY�A I G d' I IW I' � tl p S� 1 1 W ID Ij Y C V I m d K 1-7Lo np v� �I W `\rryll'I b X p i ♦ FI I 1 m I U .119 is WnJI'1'l11 1-U L la3HS 339 SE+8L8 3NI3 H7JSW i V J I � � • I I u I ° m wo 133H5 SII -LL Z% 199 3N11 HD -LOW and-tl 4mh mb - 7p_bi-OIb OL 1s�� lale ITO-G - Alli apt ,e mtl -_ >B_bz-oi - 3LLlvyi n) D � Aldd eab-a WOLLW&LUoJ a0 3(1651 - �G'bi-a 14bDro1• 71�fi SS mb-I _ � sllp5l/3a � � nW; ° 3x p..ii •'R � kr211 I-zall r 0p E i aZ� � b3 Z a ��IIII IID }u �L I8i S 33S b946ZB 3NI7 H � e� �Q�t�g 0 I p ii A / m . ©`�" I J, UUUY OJCIL'� � © v� .R Ne Bond No. K02908372 -E86 PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: That we AT&T—C of The Pacific Northwest, Inc. Insurance Company of of as Principal, and North America , a Washington corporation, as Surety, are held and firmly bound unto the CITY OF RENTON, a municipal corporation of the State of Washington, in the penal sum of TEN THOUSAND AND NO/100 ($10,000.00) DOLLARS lawful money of the United States of America, for the payment of which, will and truly to be made, we firmly bind ourselves, and each of our heirs, executors, administrators, and assigns, jointly and severally by these presents. Sealed with our seals and dated this 12th day of May, 1987. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that, WHEREAS, the above named Principal has applied for a permit, pursuant to the provisions of Ordinance No. 3205, to do certain work on a City of Renton roadway, street, alley, avenue, or other public place, during a period ending NOW THEREFORE, if the above named Principal shall indemnify and save harmless the City of Renton, from all claims, actions or damages of every kind and description which may accrue as a result of opening and/or working upon any roadway, street, alley, avenue, or other public place, by him or those in his employ, in installing or making connections with any public or private sewer or water system, or any other purpose or object whatever, and that he will replace and restore such roadway, street, avenue, alley or other public place to as good a state or condition as at the time of the commencement of said work, and maintain the same in good order to the decided satisfaction of the City of Renton Engineer, and that he will comply with all the provisions of his or their franchise or permit, and all resolutions or instruments relating thereto, then this obligation to be void; otherwise to remain in full force and effect. The liability under this bond is for a period of five years from el i' lc& to Me"? and may be extended by the surety issuing a Continuation Certificate. AT&T- f e if Northwest, Inc. By %a'4 Authorized Agent Insur rice Company olf Nort America By',e Caroline Scotto,Attorney-in-Fact 1J.03 4/23/87 PAG #001-87 ORIGINAL Addendum #01-93 ADDENDUM TO PROPERTY LEASE AGREEMENT (City of Renton to American Telephone & Telegraph Company) THIS ADDENDUM to Property Lease Agreement PAG #001-87 is effective as of December 1, 1992. RECITALS: WHEREAS, the City of Renton, as Grantor, approved on November 30, 1987, and the American Telephone & Telegraph Company (AT&T), as Grantee, accepted, on October 21, 1987, a property lease agreement for a corridor of land fifteen (15) feet in width and running along the Grantee's fiber optic line which runs through the Renton Municipal Airport, and WHEREAS, the term of the property lease agreement was for a period of five (5) years, expiring on November 1, 1992, and WHEREAS,the length of the corridor is 6,127 linear feet, which when multiplied by the width of 15 feet equals 91,905 square feet, and WHEREAS, the annual fee was established as thirty-three percent (33%) of the official lease rate for the current year per square foot, and WHEREAS, the current Airport ground lease rate is $0.30 per square foot per year, and WHEREAS, Grantee desires to renew and continue this property lease agreement for another five (5) year period beginning November 1, 1992 and ending October 31, 1997. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND AT&T AS FOLLOWS: WITNESSETH: 1. The Grantor and Grantee do hereby agree that the square footage of the Grantor's property subject to this lease, as described in the lease agreement Exhibit "A", is 91,905 square feet. 2. The term of this property lease agreement shall be effective November 1, 1992 and shall expire October 31, 1997. 3. The current Airport ground lease rate is $0.30 per square foot per year. PAG #001-87 Addendum #01-93 ADDENDUM TO LEASE AGREEMENT (Continued) 4. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. American Telephone & Telegraph Company by and through AT&T Communications, Inc. CITY OF RENTON Peggy J. Womack Printed Name Supervisor, Right -of -Way Leases ATTLAI 6/8/93 PAG # 87-001 Addendum #02-97 ADDENDUM TO PROPERTY LEASE AGREEMENT (City of Renton to American Telephone & Telegraph Company) THIS ADDENDUM to Property Lease Agreement PAG #-87-001 is effective as of November 1, 1997. RECITALS WHEREAS, the City of Renton, as Grantor, approved on November 30, 1987, and the American Telephone & Telegraph Company (AT&T), as Grantee, accepted, on October 21, 1987, a property lease agreement for a corridor of land fifteen (15) feet in width and running along the Grantee's fiber optic line which runs through the Renton Municipal Airport, and WHEREAS, the initial term of the property lease agreement was extended for a period of five (5) years, expiring on October 31, 1997, and WHEREAS, Grantee desires to renew and continue this property lease agreement for another five (5) year period beginning November 1, 1997, and ending October 31, 2002, NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND AT&T AS FOLLOWS: WITNESSETH The term of this property lease agreement shall be effective November 1, 1997, and shall expire October 31, 2002. 2. Lessee shall pay the current airport ground lease rate of $0.30 per square foot per year on this lease for 91,905 square feet of property. 3. In the event the property lease agreement expires without either party having given notice to renew, this lease shall become a year-to-year lease, and the annual rent shall continue to be due each year until either party gives notice prior to the annual expiration date of October 31, of their intent to terminate the lease. 4. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. American Telephone & Telegraph Company PROPERTY LEASE AGREEMENT City of Renton to American Telephone & Telegraph Company CITY OF RENTON Jesse Tanner, Mayor ATTEST:Brexida Fritsvold, Depu y City Clerk Approved as to form: City Attorney ADDENDUM NO. 2 PAG #001-87 Addendum # 3-05 ADDENDUM TO PROPERTY LEASE AGREEMENT (City of Renton to AT&T Corp., f/k/a American Telephone & Telegraph Company) THIS ADDENDUM to Property Lease Agreement PAG #001-87 is effective as of November 1, 2002, by and between the City of Renton, as Grantor, and AT&T Corp., f/k/a American Telephone and Telegraph Company, as Grantee. RECITALS WHEREAS, the City of Renton, as Grantor, approved on November 30, 1987, and the American Telephone & Telegraph Company, as Grantee, accepted, on October 21, 1987, a property lease agreement for a corridor of land fifteen (15) feet in width and running along the Grantee's fiber optic line which runs through the Renton Municipal Airport (as extended from time to time, the "Property Lease Agreement"), and WHEREAS, in PAG#001-87, the initial term of the Property Lease Agreement was extended for a period of five (5) years, expiring on October 31, 1992, and WHEREAS, in PAG#001-87 Addendum #01-93, the Grantor approved an extension of the Property Lease Agreement for another five (5) year period beginning on November 1, 1992, and ending on October 31, 1997, and WHEREAS, in PAG#001-87 Addendum #02-97, the Grantor approved an extension of the Property Lease Agreement for another five (5) year period beginning on November 1, 1997, and ending on October 31, 2002, and WHEREAS, Grantee desires to renew and continue the Property Lease Agreement for a ten (10) year period beginning November 1, 2002, and ending October 31, 2012, and WHEREAS, in 1994, a name change was filed with and accepted by the State of New York corporate division, whereby the name of American Telephone & Telegraph Company, a New York corporation, was changed to AT&T Corp., a New York corporation, and WHEREAS, the parties have taken approximately two (2) years to negotiate the terms of this Addendum, and WHEREAS, the parties desire to make certain changes to the Property Lease Agreement pursuant to this Addendum. WHEREAS, the parties agree that two (2) years notice of an intent by the Grantee to terminate or renegotiate any future extension is reasonable, and WHEREAS, the assignment of this lease by AT&T to a 3rd party should only occur with the Grantor's consent, which should not be unreasonably withheld, and WHEREAS, the parties desire to make periodic adjustments to the land rental rate based on the Consumer Price Index — Urban on or before October 31, 2007. ORIGINAL PROPERTY LEASE AGREEMENT ADDENDUM NO. 3 City of Renton to American Telephone & Telegraph Company PAG #001-87 Addendum # 3-05 WITNESSETH 1. The term of this Addendum shall be effective November 1, 2002, and shall expire on October 31, 2012. 2. Grantor and Grantee do hereby agree to add a new Section 18 to PAG# -001-87 as follows: SECTION 18: - The Grantee will provide two (2) years advanced written notice of the intent by the Grantee to terminate this Lease or renegotiate any future lease. The written notice shall be mailed on or before October 31, 2010 to: Airport Manager, Renton Municipal Airport, 616 West Perimeter Road, Renton, WA 98055. 3. Grantor and Grantee do hereby agree to add a new Section 19 to PAG# -001-87 as follows: follows: SECTION 19: Assignment — The Grantee, and its successor and assigns, may not assign this Lease without the prior written consent of the City of Renton approving the terms of the assignment. If such consent is given and this Lease is assigned, a copy of the assignment shall be filed with the City Clerk. Such consent to assign shall not be unreasonably withheld by the Grantor. Notwithstanding any other provision of this Lease, the pending acquisition of the Grantee by SBC Communications, Inc., if consummated, shall not constitute an assignment of this Lease, provided, however, that the Grantee shall notify the Grantor upon any such acquisition. 4. Grantor and Grantee do hereby agree to add a new Section 20 to PAG# -001-87 as SECTION 20: Limitation of Liability — Notwithstanding any other provision of this Lease, in no event shall either party be liable for any consequential, punitive, incidental, indirect, special or similar damages pursuant to this Lease. 5. The Grantor and Grantee do hereby agree to amend Section 17 of PAG# -001-87 to reflect an annual land rent of $10,533.14 for the 91,905 square feet identified in the Property Lease Agreement. 6. Grantor and Grantee do further agree that the difference between the CPI -U of the second half of 1997 to December 2002 is 15.78% (190.0-164.1 = 25.9/164.1 = 0.1578 or 15.78%). This results in an annual rental rate increase from $0.30 to $0.3473 per square foot ($0.30 x 1.1578 = $0.3473). 7. Grantor and Grantee do further agree that the annual land rent rate in Paragraph 3 shall remain in effect until October 31, 2007, and, effective that date the rental rate shall automatically be readjusted by and between the parties as specified in this property lease addendum, using the increase of the Consumer Price Index, and for each five (5) year period PROPERTY LEASE AGREEMENT ADDENDUM NO.3 City of Renton to American Telephone & Telegraph Company PAG #001-87 Addendum # 3-05 thereafter. Minimum base rental for any extended period, shall not be less than thirty three (33) percent (see Property Lease Agreement Section 17) of the current annual rental of $31,918.60 or $10,533.14 (91,905 sq. ft. x.3473 = $31,918.61 =33 = $10,533.14). 8. Grantor and Grantee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index -Urban (CPI -U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle -Tacoma Metropolitan Area. 9. Grantor and Grantee do hereby further agree that at least thirty (30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing five (5) year period by a means other than the Consumer Price Index -Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 10. In the event the Property Lease Agreement expires without either party having given notice to renew, the Property Lease Agreement shall become a year-to-year lease, and the annual rent shall continue to be due each year until either party gives ninety (90) days notice prior to the annual expiration date of October 31, of their intent to terminate the Property Lease Agreement. PROPERTY LEASE AGREEMENT ADDENDUM NO.3 City of Renton to American Telephone & Telegraph Company PAG #001-87 Addendum #_3=0,) 11. All other terms and conditions of the Property Lease Agreement shall remain in full force and effect. AT&T Corp. Title: PROPERTY LEASE AGREEMENT City of Renton to American Telephone & Telegraph Company CITY OF RENTON a Municipal Corporation Mayor K thy Keolker-Wheeler Bonnie Walton, City Clerk Date Approved as to legal form: ADDENDUM NO. 3 PAG 001-87 Addendum # 4-09 ADDENDUM TO PROPERTY LEASE AGREEMENT (City of Renton to AT&T Corporation) THIS ADDENDUM to Property Lease Agreement PAG 001-87, is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, the AT&T Corporation has a Property Lease Agreement with the City of Renton, PAG -001-87, executed on October 21, 1987; and WHEREAS, the property lease is for a fifteen foot wide corridor along AT&T's fiber optic line, and per section 17, of the original lease, AT&T "will pay an annual fee to the City in the amount of 33% of the official lease rate for the current year." WHEREAS, on November 1, 2002, the land rental rate for the approximately 91,905 square feet of land area leased by the AT&T Corporation was determined to be $0.3473 per square foot per year and continuing until October 31, 2007; and WHEREAS, on November 1, 2007, and for the ensuing five (5) year period, the land rental rate will be adjusted, using a market appraisal study that was conducted on the -- -- - lA4rport property; to -a rate-of—$0 57 per per year -for the-91,90-5-square-feet-ef - - leased area, resulting in an annual rental amount of $17,287.33 (91,905 x $0.57 x 0.33), and continuing until October 31, 2012; and NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND AT&T CORPORATION AS FOLLOWS: WITNESSETH: 1. Lessor and Lessee agree that the market appraisal study determined that the annual ground rate is to be increased from $0.3473 to $0.57 per square foot per year. 2. The Lessor and Lessee do hereby agree to an annual land rent of $17,287.33 (91,905 x 0.57 x 0.33 = 17,287.33) for the 91,905 square feet identified in Property Lease Agreement PAG 001-87, 3. Lessor and Lessee do hereby agree that the annual land rent rate in Paragraph 2 shall remain in effect until October 31, 2012, and effective as of that date the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index, and for each five (5) year period thereafter. Minimum base rental for any period shall not be less than the current annual rental of $17,287.33. Property Lease Agreement 001-87 City of Renton to AT&T Corporation PAG 001-87 Addendum # 4-09 4. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index -Urban (CPI -U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle -Tacoma Metropolitan Area. 5. Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing five (5) year period by a means other than the Consumer Price Index -Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 6. All other terms and conditions of the original Property Lease Agreement shall remain in full force and effect. AT&T Corppfatimr a W lmzgtc Corporation t" e ti'_. Title CITY OF RENTON a Municipal Corporation 4 enis Law _- Mayor , Bonnie Walton City Clerk 2,U,4"4!J- Date Crved as to legal form City Attorney Property Lease Agreement 001-87 2 City of Renton to AT&T Corporation