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HomeMy WebLinkAboutAdden 1 a• "\G-05-003 Addendum 1-05 Noe "'Nor"' Market: PNW Site Name: Sunset Highway Site Number: WA0484-2 AMENDMENT NO. 1 THIS AMENDMENT NO. 1 ("Amendment")is attached to and made a part of that certain Communications Site Lease Agreement dated May 15, 2000("Agreement"), by and between The City of Renton (successor in interest to Richard L. Hall and Kathleen D. Hall, husband and wife) (herein called "Lessor")and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications (herein called "Lessee"). NOW,THEREFORE, as consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The terms in this Amendment shall have the same meaning as in the Agreement. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained herein, the terms and conditions herein shall control. Except as set forth below, all provisions of the Agreement remain unchanged and in full force and effect. 2. That the last sentence in Paragraph 1, Premises, of the Agreement is hereby deleted in its entirety and replaced with the following sentence: Lessor hereby leases to Lessee and Lessee leases from Lessor,approximately nine hundred (900) square feet of the Land and all access and utility easements, if any, (the"Premises")as described in the Exhibit B annexed hereto. 3. Lessor has installed a permanent generator on the Land ("Generator"), adjacent to the Premises as modified herein. Lessor hereby grants Lessee use of the Generator for backup, emergency electrical power. Lessee shall have the right, at its expense, to install and maintain connecting lines from the Generator to the Lessee Facilities during the Term and any Renewal Terms of this Agreement. 4. As consideration for Lessee's use of the Lessor's Generator, commencing on the date this Amendment is fully executed, Lessee's current monthly Rent shall be increased by Twelve and 50/100 Dollars ($12.50). 5. That all Rent payments due under the Agreement shall be payable to Lessor at City of Renton, Facilities Division, 1055 South Grady Way, Renton,WA 98055. 6. That both parties notice addresses set forth in Paragraph 18(c)of the Agreement are deleted in their entirety and replaced with the following notice addresses: Lessor: Lessee: City of Renton Nextel West Corp. Facilities Division 1255 Treat Blvd., Suite 800 1055 South Grady Way Walnut Creek, CA 94597-7982 Renton,WA 98055 Attn: Property Services Phone: 800-275-9084 With a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Attn: Contracts Manager- Legal C:\Documents and Settings\Steve\My Documents\Nextel\Projects\Wa484\Amendl (06-01-05)d Fn.doc 7/15/2005 1 Nimol Market: PNW Site Name: Sunset Highway Site Number: WA0484-2 7. That Exhibit B of the Agreement is hereby deleted in its entirety and replaced with the Revised Exhibit B attached hereto and made a part hereof. From and after the date of this Amendment, all references to the Agreement and the Exhibit B thereto shall refer to the Agreement ass amended by this Amendment. IN WITNE WHEREOF, the parties hereto have caused this Amendment to be executed on this 010 day of , 2005. LESSOR: LESSEE: The City of Renton (successor in interest to Nextel West Corp., Richard L. Hall and Kathleen D. Hall, husband a Delaware corporation, and wife) d/b/a Nextel Communications By: ��2'f' �G � i1 - � By: % Name: Kathy Keolker-Wheeler Name: Mary Murdoch Title: Mayor Title: Director Site Development, NorCal/PNW Date: g/a 5705 Date: 7//-D� By: &1t ,tz4. 4 C•datC.Or» Name: Bonnie Walton Title: City Clerk Date: /c /0 s- ***ALL SIGNATURES MUST BE ACKNOWLEDGED*** STATE OF (/�cT%/;a7I-,t.J COUNTY OF: //i On f"/fD , before me/04; /. ,�ii�'d. J Notary Public, personally appeared Mary Murdoch, personally know to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and the official seal. LORELEI T. BELMONTE 3 ,,, Pr (SEAL) NOTARY PUBLIC ublic STATE OF WASHINGTON COMMISSION EXPIRES My commission expires: */71.,-elf JUNE 19,2009 ***ACKNOWLEDGMENTS CONTINUED ON FOLLOWING PAGE*** C:\Documents and Settings\Steve\My Documents\Nextel\Projects\Wa464\Amendl (06-01-05)d Fn.doc 7/15/2005 2 Market: PNW Site Name: Sunset Highway Site Number: WA0484-2 STATE OF a.AZ-171/Jq-1On COUNTY OF: l./1q On AuftLSl- ac, .,2-00.5- , before me JO-So n A Se.,44 Notary Public, personally t ppeared Kathy Keolker-Wheeler, personally know to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and the official seal. ••\\"N%t1111 .� RID (SEAL) P Y. �,,°�a�F�HSai �4 N tary Public g :71' R 'VA�4 x'11 ice - .oma i Via" , /_ 5U �in4 j My commission expires: (e - Z c '6 5 S . - i NS .0 �.; /,�'4 tic 1,,,%t ci' STATE OF W t2,S h 1 irFn /�" I�WAS` ``- �j J COUNTY OF: /� a., On Au .2-.5;.2-.5; a- �OS , before me � o h A, S e.PA Notary Public, personally uappeared Bonnie Walton, personally know to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his authorized capacity, and that by her/his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and the official seal. ����581�1 A 1ex4 i1/1 C - p (SEAL) ',,R4ygtoNF-F/i'�,3,�i�i No a Public s '�R �0�% ry jr:0_, T .L �m;M commission expires: / :5 /i�#Y!!i'.2 c,;_,,hit\��`,~ /iso n;,WA\\;,®�`\'-'' C:\Documents and Settings\Steve\My Documents\Nextel\Projects\Wa484\Amendl(06-01-05)d Fn.doc 7/15/2005 3 Market: PNW Site Name: Sunset Highway Site Number: WA0484-2 REVISED EXHIBIT B DESCRIPTION OF PREMISES (Page 1 of 3) to the Agreement dated May 15, 2000, by and between The City of Renton (successor in interest to Richard L. Hall and Kathleen D. Hall, husband and wife), as Lessor, and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, as Lessee. The Premises are described and/or depicted as follows: A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notes: 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback from the Land's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. 4. Without in any way limiting Paragraph 6 (or Tenant's right to make future changes), Tenant intends to initially install up to twelve (12) antennas, fifteen (15) coaxial cables and three GPS signal units and connections. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above. 5. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility company in compliance with all local laws and regulations. C:\Documents and Settings\Steve\My Documents\Nextel\Projects\Wa484\Amendl(06-01-05)d Fn.doc 7/15/2005 4 .. Initials Revised Exhibit B Site Plan-2of3 '''' 7 WA0484-2 Sunset Highway/PUB 1209 Kirkland Avenue NE,Renton, WA 98056 i APN: 7227 80 1450 &7227 80 1446 s--- Not To Scale .r NE 13 TH STREET v I L. - = 1 ,,,OS'1 I ;!rith —*— — �...7)----- )-----FEET,. — "EXISTING PROPERTY LINE' 1 El � � �` 1110.27 FEET 0 EXISTING LESSOR (4, GENERATOR XTEL'S REVISED LEASE - 1 I AREA-APPROX.30'X 30' NEXTEL'S 12'WIDE + — NON-EXCLUSIVE W 1/ 1 I I. • ACCESS EASEMENT • NEXTEL'S PROPOSED CABLE1 ROUTE TO GENERATOR �% a 101 ill MI) Iliti J ice : E I14) 1'1 2 1 ,NEXTEL'S EXISTING POWER' ►- &TELCO EASEMENT W 1 4 EXISTING LESSOR I - BUILIDNG I J4 _ I EXISTING PO R& ( °` I - TELCO VAULT I 0 . ><W - , / d __ _ — \ .. .. 1.1 ,tAI'TING PPOT-RTY LINE • leip _ , , _ . ti.__ —(. � -t �� — — _ Qom_-_1 NE 12 TH STREET I'=', • M : .- RIPE STATInN 19 SITE PI AN iir''...-. r Revised Exhibit B r.r+ Initials Enlarged Site Plan- 3 of 3 WA0484-2 Sunset Highway/PUB 1209 Kirkland Avenue NE,Renton, WA 98056 APN: 7227 80 1450&7227 80 1446 Not To Scale X ` >4 X- 7" ."--- —_ EXISTING PROPERTY LINE Iw W W l'(9) EXISTING LESSOR X g FUEL TANK M ,-. x -"X / / EXIST. X l o 44 o `� '� CELL ¢ o ,p w � EA kE 0 TOWER Ao W H 0 2 li w x� Pc P c' ' \ ri) w EXIST. NEXTEL; ¢� .w--10.27 FEET w w BUILDING H X I. 228 SF ! >c `ftmli. X xf x x— NEXTEL'SPROPOSED CABLE ofti I ROUTE TO GENERATOR 11 ---____ I NEXTEL'S 12' WIDE ` NON-EXCLUSIVE I ACCESS EASEMENT I I i I'. c I ..-''")7 • a p . i ) Ill 14 III I I I I I 111 11- 111114' 0 §1 E4 W Iwp 0 ' a • Iw • EXISTING LESSOR 03 BUILIDNG 1 Wz lakk ! H ;