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HomeMy WebLinkAboutLease Documents Version 4-7-2010; 2013 1 Market: PNW Cell Site Number: SD24 Cell Site Name: Cedar River Fixed Asset Number: 10097913 THIRD AMENDMENT TO SITE LEASE AGREEMENT THIS THIRD AMENDMENT TO SITE LEASE AGREEMENT, dated as of the latter of the signature dates below, is by and between Seungsik Paik, having a mailing address of 2439 Maple Valley Highway, Renton, WA 98057 (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (“Tenant”). WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated July 29, 1994, First Amendment dated September 29, 2003, Second Amendment dated July 24, 2015 whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 2439 Maple Valley Highway, Renton, WA 98055 (“Lease”); and WHEREAS, Landlord and Tenant desire to amend the Lease to increase the size of the Premises; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the Improvements; Utilities; Access section and Permitted Use section thereof: and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the Improvements; Utilities; Access section thereof: and WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications to the Lease contained herein; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice section thereof; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Lease of Premises. Landlord agrees to increase the size of the Premises leased to Tenant to accommodate Tenant’s needs. Upon the execution of this Amendment, Landlord leases to Tenant the Premises as more completely described on attached Exhibit 1-B. Landlord’s execution of this Amendment will signify Landlord’s approval of Exhibit 1-B. Exhibit 1-B hereby replaces Exhibit 1-A to the Lease. Version 4-7-2010; 2013 2 2. Permitted Use. Section 8a and Section 2 of the Lease is hereby deleted in its entirety and hereby replaced with the following: PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Antenna Facilities"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1-B will not be deemed to limit Tenant's Permitted Use. If Exhibit 1-B includes drawings of the initial installation of the Communication Facility, Landlord’s execution of this Agreement will signify Landlord’s approval of Exhibit 1-B. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord’s contiguous, adjoining or surrounding property (the “Surrounding Property”) as may reasonably be required during construction and installation of the Antenna Facilities. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant’s expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant’s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the “Additional Premises”) for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. Removal/Restoration: Section 8c is hereby deleted in its entirety and hereby replaced with the following: Version 4-7-2010; 2013 3 REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant shall, at Tenant’s expense, keep and maintain the Premises and all buildings and improvements now or hereafter located thereon in commercially reasonable condition and repair during the term of this Lease. Within one hundred twenty (120) days after the termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of this Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. 2. Rent. Within forty-five (45) days after the date of this License, Licensee shall pay Licensor the one-time License Fee of one thousand and five hundred dollars ($1,500.00). 3. Notices. Section 13 of the Lease is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #:SD24; Cell Site Name: Cedar River FA No: 10097913 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site #: SD24; Cell Site Name: Cedar River FA No: 10097913 PO Box 97061 Redmond, WA 98073-9761 Version 4-7-2010; 2013 4 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: Seungsik Paik 2439 Southeast Maple Valley Highway Renton, WA 98055 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 4. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Third Amendment, the terms of this Third Amendment shall control. Except as expressly set forth in this Third Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Third Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Third Amendment on the dates set forth below. “LANDLORD” Seungsik Paik By: _______________________ Name: _______________________ Title: ________________________ Date: ________________________ “TENANT” New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager By: _______________________ Name: _______________________ Title: _______________________ Date: ________________________ Version 4-7-2010; 2013 5 [ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE] Version 4-7-2010; 2013 6 TENANT ACKNOWLEDGEMENT STATE OF COUNTY OF ___________________ On the ____ day of _______ in the year __________ before me, the undersigned, personally appeared __________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ______________________________ Notary Public Printed Name: _________________ My Commission Expires: _____________________ LANDLORD ACKNOWLEDGEMENT STATE OF COUNTY OF ___________________ On the ____ day of _______ in the year __________ before me, the undersigned, personally appeared __________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ______________________________ Notary Public Printed Name: _________________ My Commission Expires: _____________________ Version 4-7-2010; 2013 EXHIBIT 1-B See attached exhibits comprised of 6 pages, last revision date 07/25/2016. Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. Version 4-7-2010; 2013 Prepared by, and after recording Return to: Ariel Mattar MasTec Network Solutions 1203 114th Ave SE Bellevue WA, 98004 Grantor Seungsik Paik Grantee New Cingular Wirelss PCS, LLC, a Delaware limited liability company Legal Description Portion of Government Lot 8, SE quarter of Section 17-T23-R05; complete legal description attached as Exhibit 1 Assessor’s Tax Parcel ID # 172305-9147 and 172305-9140-01 True Consideration Paid Does not apply Tax Mailing Address: Does not apply Cell Site #: WA-SD24 Fixed Asset #: 10097913 Cell Site Name: Cedar River State: WA County: King MEMORANDUM TO SITE LEASE AGREEMENT This Memorandum to Site Lease Agreement is entered into on this ____ day of ______________, 201__, by and between Seungsik Paik having a mailing address of 2439 Maple Valley Highway, Renton, WA 98057 (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant"). Site Lease Agreement dated July 29, 1994, First Amendment dated September 29, 2003, Second Amendment dated July 24, 2015 whereby Landlord leased to Tenant certain Premises, therein Version 4-7-2010; 2013 described, that are a portion of the Property located at 2439 Maple Valley Highway, Renton, WA 98055 1. Grantor and Grantee entered into a certain Site Lease Agreement (“Lease”) on the 29th day of July, 1994, as amended by that certain First Amendment to Site Lease Agreement dated September 29, 2003, as amended by that certain Second Amendment to Site Lease Agreement dated September 2, 2015, as amended by that certain Third Amendment to Site Lease Agreement dated _________, 2016 for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The initial lease term will be five (5) years (“Initial Term”) commencing August 1, 2015, with five (5) successive five (5) year options to renew. 3. The portion of the land being leased to Tenant (the “Premises”) is described in Exhibit 1-A annexed hereto. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease. IN WITNESS WHEREOF, the parties have caused this Lease to be effective as of the last date written below. LANDLORD: TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: By: Print Name: Print Name: Its: Its: Date: Date: Prepared by: Ariel Mattar MasTec Network Solutions 1203 114th Ave SE Bellevue, WA 98004 Version 4-7-2010; 2013 Version 4-7-2010; 2013 EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 2 to the Memorandum of Site Lease Agreement dated _____________ ___, 201__, by and between Seungsik Paik, as Grantor, and New Cingular Wireless PCS, LLC, a Delaware limited liability company as Grantee. The Premises consist of an approximately 400 square foot area of ground space and a 3’6” Augured Hole located on the Property with a street address of 2439 Maple Valley Highway, Renton, WA 98055, and legally described as follows: [CONTINUED ON FOLLOWING PAGE] Version 4-7-2010; 2013 FOR LANDLORD SIGNATURES IN WASHINGTON STATE INDIVIDUAL CAPACITY: STATE OF WASHINGTON ) ) SS. COUNTY OF ______________ ) I certify that I know or have satisfactory evidence that _______________________________________ is/are the person(s) who appeared before me, and said person(s) acknowledged that said person(s) signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. DATED: _______________________________. Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: