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Home My WebLink About2024-0073 - - 3rd Addendum Verizon Sublease - Globel Tower Assets III, LLC Docusign Envelope ID:A12568E1-0E13-492B-BA20-E8A8D1D6CA52 THIRD ADDENDUM TO SITE LEASE AGREEMENT This Third Addendum to Site Lease Agreement(the"Addendum")is entered into as of the 18th day of October , 20224 (the "Effective Date"), by and between City of Auburn, a municipal corporation under the existing laws of the State of Washington (hereinafter referred to as "Lessor"), and Global Tower Assets III, LLC, a Delaware limited liability company and successor in interest to New Cingular Wireless PCS, LLC (hereinafter referred to as"Lessee"). Lessor and Lessee shall be collectively referred to herein as the "Parties"). RECITALS: A. Lessor owns a parcel of land (parcel number 1 1 2 1 049009) located at 5800 South 316th Street, Auburn,WA 98001, (the "Property")that is legally described in Section 1(a)of the Original Lease identified in the following recital paragraph B. B. The Parties (or their respective predecessor(s)-in-interest) entered into a Site Lease Agreement dated September 19, 2005 (the "Original Lease"), and subsequently into two Addendums to that Original Lease dated December 4, 2008 and March 2, 2023 (collectively the "Lease"). Under the Lease, Lessee leases from Lessor a portion of the Property and is the beneficiary of easements legally described in Section 1(b)of the Original Lease(the"Lease Area"). C. Lessee has telecommunication facilities ("Antenna Facilities") located within the Lease Area. Section 15 of the Original Lease requires Lessee to obtain Lessor's consent prior to subleasing all or any portion of the Lease Area and/or part of Lessee's Antenna facilities located within the Lease Area. D. Lessee desires to sublease,license, or otherwise permit VERIZON WIRELESS,LLC (and/or its parents, affiliates, and subsidiaries—collectively, "Verizon") to colocate its telecommunication facilities with Lessee's Antenna Facilities in the Lease Area, as set forth in this Third Addendum to the Original Lease. E. Lessor and Lessee agree that as a condition of Lessor's consent to Lessee's request for Verizon's Colocation, certain Lease terms and conditions must be added for the duration of Verizon's Colocation. NOW,THEREFORE,the Parties hereby agree to the following: 1. Lessor's Consent, Consideration & Adiustments. Lessor hereby consents to Lessee granting a sublease or license to its Antenna Facilities and Lease Area(the"Colocation")to Verizon.This consent shall only apply to the Verizon Colocation for use of the Lessee's Lease Area and Antenna Facilities and only to the extent that Verizon remains colocated in the Lease Area. Lessor's consent in this Addendum shall not constitute consent to future subleases or licenses with other parties for use of the Lease Area. Lessee agrees, and its written agreement with Verizon shall reflect,that Verizon shall be bound by the Lease terms and conditions and shall enjoy the same use and access rights to the Lease Area that Lessee has under the Lease (including, but not limited to the same rights and restrictions Site No.: 375152 Site Name:Auburn WA Project No.: 14526709 Docusign Envelope ID:A12568E1-0E13-492B-BA20-E8A8D1D6CA52 related to installing its equipment at,on or within the Lease Area). Lessee acknowledges and warrants that Lessor may terminate the Lease under Original Lease section 9 if Verizon violates the Lease and fails to cure the violation within the cure periods defined in Original Lease section 9. As consideration for Lessor's grant of consent, beginning on the Pt calendar day of the month following the sixth(6th) full month from the Effective Date,Lessee agrees to pay to Lessor,in addition to any rents owed under the Lease, Three Hundred Fifty and 50/100 U.S. Dollars ($350.00)per month(herein the"Consent Fee").Beginning September 1,2026,and on each successive annual anniversary thereof(the"Increase Date"),the Consent Fee shall be increased by 3%over that of the previous year. 2. One-Time Payment. In addition to the Consent Fee in Section 1 of this Addendum, Lessee shall also pay Lessor a"One-Time Payment"of Five Thousand and No/100 Dollars ($5,000.00)within thirty (30) days of the Effective Date. Lessee's failure to pay this One Time Payment when due shall automatically annul and void Lessor's consent hereunder. The Parties agree that the One-Time Payment is owed and is non-refundable regardless of whether Verizon colocates with Lessee under this Addendum. 3. Late Fee. Lessee shall pay the Consent Fee to Lessor on or before the first calendar day(15t) of each calendar month. If Lessee fails to fully pay a month's Consent Fee to Lessor by 5pm PST on the 15th calendar day of the month when due, Lessee shall pay Lessor a daily $25.00 late fee ("Late Fee") beginning on the 16th calendar day of the month until the Lessor receives the Consent Fee in full. All Late Fees owing will be billed the following month. 4. Leasehold Excise Tax. In addition to the One-Time Payment and the Consent Fee described in Sections 1 &2 above,Lessee shall pay Lessor a 12.84%leasehold excise tax on all sums payable under RCW 82.29A. 5. Termination of Colocation. If at any time Verizon ceases to colocate its facilities with Lessee's facilities in the Lease Area, Lessee will ensure that Verizon removes its facilities from Lessee's Antenna Facilities and from the Lease Area and will notify the Lessor of the removal in writing accordingly.Upon Lessee's prompt written notice that Verizon has vacated the Lease Area and Antenna Facilities, all rights and obligations granted in this Addendum shall cease. The Parties hereby acknowledge and agree that Lessee shall indemnify and hold Lessor harmless from any and all claims if Lessee fails to provide Lessor with this required written notice. 6. Landlord and Tenant Acknowledtments. Except as modified herein, the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. 7. Verizon Facilities,Permits&Licenses. Lessee warrants that as part of its Colocation agreement with Verizon, Verizon will obtain all applicable licenses and permits required to do business in the City of Auburn and to install and remove its facilities,and that all of Verizon's facilities will be constructed on the existing Antenna Facilities and contained within the Lease Area. 8. Subordination. The Parties hereby agree that any colocation agreement between Lessee and Verizon shall be subordinate to the terms and conditions of the Lease and its Addendums. Site No.: 375152 Site Name:Auburn WA Project No.: 14526709 Docusign Envelope ID:A12568E1-0E13-492B-BA20-E8A8D1D6CA52 9. Gate. Lessee and/or Lessee's employees, agents, contractors, guests, licensees, sublessees or invitees shall securely lock any gates utilized to access or exit the Lease Area. 10. Future Dealings. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect_ 11. Counterparts. This Addendum may be executed in any number of counterparts, each of which shall be an original,and which may be delivered via electronic means including but not limited to email,but all of which taken together shall constitute one instrument. The Parties agree that a scanned or electronically reproduced copy or image of this Addendum bearing the signatures of the Parties hereto shall be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of the execution,terms and existence of this Addendum notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Addendum and without the requirement that the unavailability of such original, executed counterpart of this Addendum first be proven. 12. Authority. Each individual executing this Addendum represents and warrants that such person is authorized to do so, and, that upon executing this Addendum, this Addendum shall be binding and enforceable in accordance with its terms upon the party for whom such person is acting. [SIGNATURES APPEAR ON THE NEXT PAGE] [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] Site No.: 375152 Site Name:Auburn WA Project No.: 14526709 Docusign Envelope ID:A12568E1-0E13-492B-BA20-E8A8D1D6CA52 IN WITNESS WHEREOF,Lessor and Lessee have each executed this Addendum as of the Effective Date written above. LESSOR: LESSEE: City of Auburn, Global Tower Assets III,LLC a municipal corporation a Delaware limited liability company existing under the laws of the State of Washington Richard Digitally signed by DocuSigned by: Richard Palermo Date:2024.10.17 Signature: _ Signature:P a l e r r�o_ 09:04:1 9 04'00' Print Name:NariernEEis`' Print Name: Title: Mayor Title: Date:10/18/2024 Date: Approved as to Legal Form: Signed by: �QS MllbfN .1 sa on 1 ..w mien City Attorney,City of Auburn Dated: Site No.: 375152 Site Name:Auburn WA Project No.: 14526709