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T-Mobile West LLC 3/21/2019 Amendment 2
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T-Mobile West LLC 3/21/2019 Amendment 2
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Entry Properties
Last modified
4/2/2019 9:33:57 AM
Creation date
4/2/2019 9:33:55 AM
Metadata
Fields
Template:
Contracts
Contractor's Name
T-Mobile West LLC
Approval Date
3/21/2019
Council Approval Date
3/13/2019
End Date
12/31/2023
Department
Facilities
Department Project Manager
Darcie Byrd
Subject / Project Title
Communications Antenna at Wall Street Bldg
Amendment/Change Order
Amendment
Amendment/Change Order Number
2
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Lease
Retention Period
6 Years Then Destroy
Document Relationships
Arlington
(Amendment)
Path:
\Documents\City Clerk\Contracts\Agreement\Purchasing Cooperative Interlocal
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CITY <br /> SECOND AMENDMENT TO CITY OF EVERETT <br /> COMMUNICATIONS ANTENNA SITE LEASE AGREEMENT <br /> This Second Amendment("Amendment") for reference purposes is dated I I Lt rth .l II <br /> 2010 by and between City of Everett, a Washington State municipal corporation, <br /> "Lessor" and T-Mobile West LLC, a Delaware limited liability company, "Lessee". <br /> This Second Amendment concerns the City of Everett Communications Antenna Site <br /> Lease Agreement between Lessor and Lessee dated April 8, 1998, and the First <br /> Amendment to City of Everett Communications Antenna Site Lease Agreement under <br /> agreement dated October 10, 2013 (as so amended the "Lease"). The parties desire to <br /> renew the Lease and revise the option provisions of the Lease. <br /> Accordingly, the parties agree as follows: <br /> 1. Lessor Grant of Additional Renewal Terms. <br /> Section 3 of the First Amendment to the Lease shall be replaced in its entirety <br /> with: <br /> Lessee is hereby given the option to extend the term of this Lease in accordance <br /> with all of the provisions contained in this Lease, for three five (5) year terms, <br /> ("Option Term One" through "Option Term Three"). For clarity, this means that <br /> at maximum, the Lease could be extended until the end of Term Three (December <br /> 31, 2033). Each Option Term renewal shall be automatic, unless Lessee provides <br /> written notice to Lessor of Lessee's intention not to renew this Lease no less than <br /> sixty (60) days prior to the expiration of the current Option Term in effect. <br /> 2. Option Term Two: Option Term Two, as provided for in this amendment, shall <br /> commence on January 1, 2024, and shall expire on December 31, 2028. <br /> 3. Option Term Three: Option Term Three, as provided for in this amendment, <br /> shall commence on January 1, 2029, and shall expire on December 31, 2033. <br /> 4. Rent. Base Rent for the first year of Option Term One shall remain unchanged <br /> from the current rent rate of$3,316.64. The Base Rent shall increase on January <br /> 1, 2020, and shall continue to increase annually at a rate of 4%. <br /> 5. Full Force and Effect. The parties agree that the Lease remains in full force and <br /> effect without interruption, except as expressly modified by this Amendment. As <br /> of the date of this Amendment, the parties know of no facts or circumstances that <br /> would constitute a default under the Lease. <br /> Second Amendment to City of Everett 1 of 4 <br /> Communications Antenna Site Lease Agreement <br />
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