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HomeMy WebLinkAboutSecond Amendment to SEA Auburn COW Verizon agreement verizon Network Engineering 3245-158th Ave SE,MS 231 Real Estate Bellevue,WA 98008 FED EX OVERNIGHT MAIL DELIVERY August 3,2016 City of Auburn Attn: Colin Schmalz 1 East Main St. Suite 320 Auburn,WA 98002 Re: VZW site:Auburn COW Lease To whom it may concern: Attached please find one(1)original of the Second Amendment to the Agreement for the Verizon Wireless cell site known as SEA Auburn COW executed by Verizon Wireless on 8/1/16. Thank you for your time and effort in this matter. If you have any questions,I may be reached at 425-603-8095.You may call our HQ office for questions relative to the rent at 1-866-862-4404. You may also contact Verizon Wireless Real Estate Specialist, Shirley Vangen at 425-603-2824. Since ely, • Heidi GaNun, Real Estate Coordinator Northwest Real Estate Group Network Operations&Engineering Enclosure r s � Site Name: SEA AUBURN SECOND AMENDMENT TO AGREEMENT Thi§ SECOND AMENDMENT TO AGREEMENT ("Amendment") is made this day of A, in t4 F / , 201 6 , by and between City of Auburn, a municipal corporation ofhe State of Washington, ("Licensor")and Seattle SMSA Limited Partnership d/b/a Verizon Wireless("Licensee"). RECITALS A. This Amendment pertains to that certain Agreement for Temporary Installation of A Communications Facility On City of Auburn Property, dated October 24, 2014, together with all exhibits, amendments and addenda thereto (collectively,the"Agreement") for the license to use a parcel of the property(the "Property") located at 340 East Main Street,Auburn, County of King, State of Washington, on property described as set forth on Exhibit"A"to the Agreement. B. The parties desire to amend the Agreement to extend the term of the Agreement. NOW,THEREFORE, in consideration of the foregoing and mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: AGREEMENT 1. Recitals. The foregoing recitals are incorporated herewith as if fully set forth herein. 2. Term. The parties agree and acknowledge that the Agreement's current five- month term will expire on June 23, 2016. Section 2 of the Agreement is hereby amended to provide that the Agreement shall be further extended for five (5) months from June 24, 2016 through November 23, 2016 (the"Additional Extension Term"), and shall automatically renew for one additional five (5) month term, unless either party gives written notice to the other of an intent that the Agreement not be renewed at least thirty(30) days prior to the expiration of the current five (5)month term. 3. Full Force and Effect. Except as expressly amended herein the Agreement is unmodified and remains in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall be controlling. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have 1 SEA AUBURN 6/27/2016 DWT 29455937v1 0052051-000032 the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. LICENSOR: City of Auburn, a municipal corporation of the State of Washington By: Nam : Tcva t k}rtAj q ✓1 Title: i've circ r , l t Date: (o///?tee/b LICENSEE: Seattle SMSA Limited Partnership d/b/a Verizon Wireless By Cellco Partnership, its General Partner By: Name: ---.1.111k- Jim . . Title Director � Network�Id Engineering Date: `` 2 SEA AUBURN 6/1/2016 DWT 29455937v1 0052051-000032 STATE OF WASHINGTON ) ) ss. COUNTY OF k On this \ day of 3u j ,201k_, before me, a Notary Public in and for the State of Washington, personally appeared "�r_,w t a n personally known to me(or proved to me on the basis of satisfac ory evidence)to be the person who executed this instrument, on oath stated that He/She was authorized to execute the instrument, and acknowledged it as the'D;v rib r J T' of City of Auburn, a municipal corporation of the State of Washington,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. State of Washington County of J /N61 -- Signed and sworn to(or affirmed before me on • 6)///20/(o by _ .�� s S-• ARY PUBLIC in and for the State of WA, • I Notary Publicresiding at )/A) <o U A) 7L My appointment expires /prig' Print Name frfey`jQ Pt S• 7/)iv?Q✓j STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 201_, before me, a Notary Publi and for the State of Washington, personally appeared ,personall own to me (or proved to me on the basis of satisfactory evidence)to be the person w . -xecuted this instrument, on oath stated that he was authorized to execute the inst • ent, and acknowledged it as the of Seattle SMSA Limited Partne . ip d/b/a Verizon Wireless, By Cellco Partnership, Its General Partner, to be the free and v► ntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have h- unto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of WA, residing at My appointment expires Print Name 3 SEA AUBURN 6/1/2016 DWT 29455937v1 0052051-000032 STATE OF WASHINGTON ) ss. COUNTY OF KING ) ! / On this / day of A PLs 1' , 2010 ,before me, a Notary Public in and for the State of Washington, personall fappeared Jim R. Creel Jr.,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director-Network of Seattle SMSA Limited Partnership d/b/a Verizon Wireless, By Cellco Partnership, Its General Partner,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. LELAH VADA �.. NOTARY PUBLIC S STATE OF WASHINGTON ; NOTARY PUBLIC in and for the State of WA, 'r COMMISSION EXPIRES residing at King County MARCH 29,2019` My appointment expires March 29,2019 Print Name Lelah Vaga DWT 26400895v1 0052051-000032 EXHIBIT "A" DESCRIPTION Description Parcel Number: 733140-0460 Owner Name: AUBURN CI'T'Y OF Site.Address: 340 EAST MAIN STREET. AUBURN, WA 98002 (City of Auburn Justice Center) Legal Description: 7 RACTS 27 'TRU 30 & TRACT 32 OF RIVER VIEW ADDITION TO AUBURN. LESS THAT PORTION OF TRACT 27 CONVEYED FOR STREET PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 7802070893, AND LESS THAT PORTION OF TRAC"TS 30&32 LOCATED WITHIN 'HIE ALLEY ADJACENT THERETO 111111, .• • „ - • • it a •a . r9 . - 4110"al I -a 1 • - _= 1 d Fiber I � -r ru4Lr:1M • i tb1e Option • • ti. - : �;- 4 SEA AUBURN 6/27/2016 DWT 29455937v1 0052051-000032