HomeMy WebLinkAboutAdden 1 LAG-97-004, Adden #1-97
SEA#044 A
ADDENDUM TO OPTION AND SITE LEASE AGREEMENT __//
The attached Option and Site Lease Agreement made and entered into this 7fl"day ofAIC—,
1997, by and between CITY OF RENTON
("Lessor")and USWEST Communications Wireless Group,a division of USWEST Communications,Inc.,
a Colorado Corporation,("Lessee")of which this Addendum is made a part,is hereby amended and
supplemented as follows:
1. Paragraph 1 of the Option and Site Lease Agreement is hereby amended as follows:
Lessor for and in consideration of five hundred dollars($500.00), the receipt whereof is hereby
acknowledged,does hereby grant and convey unto Lessee,its successors,assigns, and agents an
Option to lease the Property for the Permitted Use as set forth in paragraph three below. In
addition,each month during the Option Period Lessee shall pay one hundred dollars($100.00)to
Lessor until Option Period expires or the option to lease is exercised.
2. Paragraph 3 of the Option and Site Lease Agreement,entitled"Permitted Use," is hereby
amended as follows:
The following shall replace the first sentence of Paragraph 3(a):
(a) Lessee shall have the right,at its expense, to install,construct,reconstruct and maintain on the
Site communication facilities as outlined in Exhibit C including,without limitation,radio and other
communication transmitting and receiving antennas,support mounts,cables,equipment,equipment
storage structures and other improvements relating thereto(collectively the "Communication
Facilities"). Lessee shall have the right to modify,supplement,replace or upgrade the
Communication Facilities on the Site at any time during the term of the lease so long as paid
replacement or upgrade is made for the purpose of improving the operation of its Communication
Facilities, with prior written consent of Lessor.
The following shall replace the first sentence of Paragraph 3(c):
(c) Lessee shall obtain a separately metered power source to the Site.
The following is added to Paragraph 3:
(d) Lessee shall notify Lessor prior to accessing the Site.
(e) Lessee shall not weld to the wetted portion of the water tank without written consent from the
Lessor.
(f) All major additions to the Site shall be approved by the Lessor. Approval shall not be
unreasonably withheld.
3. Paragraph 4 of the Option and Site Lease Agreement,entitled"Term,"is hereby amended as
follows:
This Lease, if executed,shall be for a term of ten years("Lease Term"),and shall commence on
the date that the Lessee places its written notice to Lessor in the mailbox,return receipt requested
of its intent to execute its right to lease the Property. Lessee shall have a right to renew the Lease
Term one additional term of ten years("Renewal Term").
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4. Paragraph 5 of the Option and Site Lease Agreement,entitled "Rent,"is hereby amended as
follows:
(a) Lessee shall pay Lessor,as rent, the sum of$617.40 per month. Beginning on the
Commencement Date,said rent shall be payable in advance to Lessor on or before the
first day of each calendar month. At the beginning of each year thereafter,the monthly
rent shall automatically be increased in proportion to the increase in the"All Items"
category of the Consumer Price Index for Urban Wage Earners and Clerical Workers
published by the Bureau of Labor Statistics of the US Department of Labor for Seattle-
Everett Metropolitan Area(1967+100)(the"Index"). The first adjustment shall be based
on the amount, if any,by which the Index for the 12th month of the Lease term has
increased over the Index of the month preceding the commencement of the Lease term.
Subsequent adjustments will be based on the amount, if any,by which the Index for each
subsequent 12th month of the Lease term has increased over the Index for the 12th month
of the preceding 12-month period. If the above referenced Index is discontinued,the
parties agree to use a locally available comparable substitute.
b
Lease Agreement is exercise untcatlon Services handsets,with a
{l-€i v�?}r+c�rlred�k>•llars-�$591:99)-t�-handset. �,;%�
5. Paragraph 7 of the Option and Site Lease Agreement,entitled"Interference,"is h.era'l,,
amended as follows:
(b) Lessor agrees that it shall not use, nor shall it permit its tenants,Lessees,employees, invitees
or agents to use,any portion of the Property in any way which would interfere with the operation
of Lessee,provided that continued use by Lessor or Existing Tenants in the same manner as
existed at the time the Lease was executed shall not constitute interference with Lessee's
operations.
6. Paragraph 8 of the Option and Site Lease Agreement,entitled"Environmental Matters,"is
hereby amended as follows:
(a) Lessor represents that it has no knowledge of any substance,chemical or waste(collectively,
"substance")on Site that is identified as hazardous,toxic or dangerous in any applicable federal,
state or local law or regulation. Lessee shall not introduce or use any such substance on the Site in
violation of any applicable law. P 7
O Inessor will be solely resp sible for and will defend, indemnify, and hold Lessee,
reasonable atter-neys'fees and eests,arising out ef or in eenneetion with the f!emoval,eleanup,eF
restOFation of the property with respeet to Hazardous Materials firem an),and all - `.
these Hazardous ous M terials intr.,dueed to the property by Les
7. Paragraph 9 of the Option and Site Lease Agreement, entitled
"Insurance/Indemnification/Eminent Domain,"is hereby amended to include the following:
Lessee shall maintain at its expense commercial general liability insurance covering actions by
Lessee providing for a limit of not less than$1,000,000.00 single limits,bodily injury and/or
property damage combined,for damages arising out of bodily injuries to or death of all person
and for damages to or destruction of property, including the loss of use thereof. Coverage shall
include independent contractor's protection,premises-operations,products/completed operation
and contractual liability with respect to the liability assumed by Lessee hereunder. Lesser-and
Lessee shell look selel.,t..: r-anee ,.
SEA#044 A
. In the
event Lessee is self insured, Lessee shall supply Lessor with a certificate of self-insurance which
complies with the policy limitations set forth above. Each party shall indemnify and defend the
other against loss from their negligent acts and that negligent act of their employees agents,
licensees,and invitees.
8. Paragraph 10 of the Option and Site Lease Agreement,entitled"Assignment and Subleasing,"
is hereby amended as follows:
(a) Upon Lessor's written consent,which shall not be unreasonably withheld,Lessee maassign
this Lease,in part or in whole,including its right to renew,to any person or business entity which
is a parent,subsidiary or affiliate of Lessee,or any person or business entity which is licensed by
the Federal Communications Commission.
(b) Lessee may sublet and assign this Lease, or-pfftk)n thefe0f-, and 48 OthOr-Fights heivunder ti-
any per-son or-business entity whieh is a parent,subsidiafy ar affiliate of Lessee without besseF's -
consent:
9. Paragraph I 1 of the Option and Site Lease Agreement,entitled "Termination," is hereby
amended to include the following:
(d) Lessor may terminate this lease if Lessor needs the Site for expansion of Lessor's
responsibility to provide its services,pursuant to law,provided Lessor provides Lessee written
notice twelve(12)months in advance of Lessor's need to re-enter the Site.
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(e) Upon a notice to terminate by Lessor or Lessee under the subsection I 1 (a), (b)^(c),' in
this paragraph entitled"Termination,"the Lease shall terminate and be of no further force or
effect. Unless otherwise agreed between the parties,upon termination Lessee will be entitled and
obligated to remove the equipment placed on the Site by Lessee.
10. Paragraph 15 of the Option and Site Lease Agreement,entitled"Miscellaneous,"is hereb �
amended as follows:
(b) Any elaim, eantr-ever-sy or-dispute ar-ising out of this AgFeement shall be settled by ffbitr-atian
� award .
The arbitration shall be eendueted in t o county where!he proper-ty is lectited.
(1) A licensed engineer of the Lessor's choice shall review,inspect,and approve the installation.
Lessee shall bear the reasonable cost of such approval and inspection. All future modifications
and additions to the Site may be subject to an inspection by a licensed engineer of the Lessor's
choice,if the Lessor deems such approval and inspections necessary. Lessee shall bear the
reasonable cost of such additional inspections.
(g) Lessee shall maintain the installed facility,equipment and appurtenances in the"as installed"
condition less reasonable wear and tear for the term of the agreement.
(h) Lessee shall provide in escrow a performance bond in the amount of$30,000.00 to ensure the
installation of the Site is acceptable. Upon approved installation per subsection 15 (f)of this
paragraph,the money shall be returned to Lessee.
(i) Upon completion of the installation,an as-built or as-installed drawing will be supplied to the
Lessor by the Lessee showing the locations of the Lessee's facilities.
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(j) The Lessee must move or relocate facilities,equipment,and appurtenances as required by
Lessor's responsibility to provide its services, pursuant to law,at Lessee's expense. If the Lessor
chooses to work around the Lessee's facilities, then the Lessee shall reimburse the Lessc i for
extraordinary cost associated with accommodating the Lessee's facilities.
(k) Lessee shall install all underground conduits,including but not limited to power and telephone,
on or before Lessor's written notification to do so. Lessee shall coordinate with additional carriers
on the Property for such installation.
(1) Lessee will not interfere with the Lessors use of the tank for a reservoir. Nor will the Lessee or
the Lessee's equipment create an electrical current or field that will damage the Lessor's tank or
associated pipes.
In witness whereof,the parties hereto have executed this instrument by proper persons thereunto duly
authorized so to do on the day and year first herein above written.
Dated this /3 day of ?UVe 19947
Lessor:
CITY RENTON
By: ATTEST
Its: Marilyn J. Petersen, City Clerk
Jeqw Tanner, Mayor
Lessee:
USWEST Communications,Inc.
By: r hi
Its:
USWEST Communications Wireless Group
By:
Its:`/ V.P.OPERATIONS&ENGINEERING
- S110'11 BRA 044A
City or ,,rttvn,ITigl11411cTi Water Tank
RAUL
Legal Description of Property:
The east half of Elle southwest quarter of file southwest quarter of the southeast quarter
oCSectiun.,i, Townshjp 23 Nor(h, Range S Past, W.M. 1n JUng County, Wasltittg►Dit;
LESS county ruad.
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EXHIBIT C
Description of USWEST PCS Equipment
Cabinets: 2(with room for a third]
Manufacturer: Lucent Technologies
Dimensions: 31"by 30"by 60"(width x depth x height)
Clearance: 6"between cabinets
Antennas: 2 panel antennas.(with room for a third)pef 120 degree sector,6 total
Manufacturer: Swedcom SP9014-DIN
Cable: Andrew LDS 7/8, 11/4,or 1518
Dimensions: 4"by 5"by 42"(width x depth x height)
Weight: <15 lbs.
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