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HomeMy WebLinkAbout2.56 Amendment 2.56 FIRST AMENDMENT TO ANTENNA LEASE AGREEMENT THIS FIRST AMENDMENT TO ANTENNA LEASE AGREEMENT ("First Amendment") is made and entered into on I n t , 2015, by and between the City of Port Angeles ("City"), and T-Mobile West LLC, a Delaware linlited liability company, successor in interest to VoiceStream PCS BTA I Corporation, a Delaware corporation("Lessee"). Recitals The parties hereto recite,declare and agree as follows: A. City and Lessee entered into an Antenna Lease Agreement, dated March 1, 2000 (the "Lease") for property located at 850 Ediz Hook Road,Port Angeles,WA 98362 (the"Property"). B. City and Lessee desire to enter into this First Amendment in order to extend the term of the Lease. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,City and Lessee covenant and agree as follows: 1. In addition to the two(2)renewal terms originally set forth in Section 3 of the Lease,City and Lessee hereby agree to add four (4) additional and automatic renewal terms of five (5) years each, provided that Lessee shall notify the City no less than 180 days prior to the expiration of each renewal term if it does not desire to renew the Lease. 2. Increase in Rent. Commencing on May 1, 2015,the annual Rent that Lessee pays City will be increased to a total amount of Fifteen Thousand Dollars ($15,000.00)per year. Lessee shall pay rent in advance to the City annually on or before May 1,subject to the adjustment as set forth in the Lease. 3. Lessee's notice addresses in Section 12 of the Lease are deleted in their entirety and replaced with the following: If to Lessee: T-Mobile USA, Inc. 12920 S.E. 381" Street Bellevue,WA 98006 Attn.: Lease Compliance Site No. SE06114A 4. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this First Amendment, the terms and conditions of this First Amendment will govern and control. 1 T-Mobile Site No:SE06114A T-Mobile Site Name:PA Ediz Hook Market:Seattle IN WITNESS WHEREOF, the parties have executed this First Amendment on the day and year first written above. City of Port Angeles T-Mobile West LLC,a Delaware limited liability company By: By: Name: T(aa mapeA Name: Title: , Rd MCI d Title: Jags to PNW Area Direr r Engine g Date: c? t� Date: Approv as to Form: T-Mobile Legal Approval i /Wifliam Bloor,City Attorney Date: ZZrr� Attest: ltd "U� J nifer Veneklasen,City Clerk 2 T-Mobile Site No:SE061 14A T-Mobile Site Name:PA Ediz Hook Market: Seattle STATE OF WASHINGTON ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on 01th stated th t he/she was authorized to execute the instrument and acknowledged it as the F — c of the City of Port Angeles to be the free and voluntary act of such party for the uses and p rph oses mentioned in the instrument. Dated: , z Notary Public %o` 4: oe ' 060 �.�N°� Print Name--: /« rd Y My commission expires�� t EXF.02/24/2016 � % 08 L%G (Use this space for notary stamp/seal) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that����{ QC, 7., is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the t� r.��► ���, j( � �;�' � �,o,� s of T-Mobile West LLC,a Delaware limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: LA4f 111 s - ��.� � l� I�lota�Nat�4 �Xm°t'�i ��� tPxt t A�� �°. i My commission expires ._ r � i � • " � Z % °✓ ; v0 SQL off,W�`� %l l i l l l (Use this space for notary stamp/seal) 3 T-Mobile Site No: SE06114A T-Mobile Site Name: PA Ediz Hook Market: Seattle Sent to: City of Port Angeles ATTN: Heidi Greenwood 321 East Fifth Street Port Angeles, WA 98362-0217 Heidi, Please find enclosed the fully executed First Amendment to Antenna Lease Agreement for your records. Please email or call me if you have any questions. Thank you, Hannan Hammad Hannan.Hammad @T-Mobile.com 253-985-5637