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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.
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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:
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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
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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: ________________________
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[ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE]
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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: _____________________
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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.
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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
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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]
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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: