New Cingular Wireless PCS, LLC (AT&T Wireless) Five Corners Facilities Lease Agreement Amendment 1Lessee Site Number: SN64
Lessee Site Name: Five Corners
FIRST AMENDMENT TO FACILITIES LEASE AGREEMENT
THIS FIRST AMENDMENT TO FACILITIES LEASE AGREEMENT ("Amendment"),
dated as of the latter of the signature dates below, is by and between City of Edmonds, a municipal
corporation, having a mailing address of 121 5 h Avenue North, Edmonds, Washington 98020 ("City")
and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as successor in interest to
AT&T Wireless Services of Washington, LLC, having a mailing address of 12555 Cingular Way, Suite
1300, Alpharetta, GA 30004 ("Lessee").
WHEREAS, City and Lessee entered into a Facilities Lease dated February 18, 2004, whereby
City leased to Lessee certain Facility, therein described, that are a portion of the property commonly
known as Five Corners, located at 8505 S. Bowdoin Way, Edmonds, Washington 98020 (the "Lease");
and
WHEREAS, City and Lessee desire to amend the Lease to amend the description of the Facility;
and
WHEREAS, City and Lessee desire to adjust the consideration in conjunction with the Lease,
including the modifications to the Lease contained herein; and
WHEREAS, City and Lessee desire to amend the Lease to modify the notice section thereof; and
WHEREAS, City and Lessee, in their mutual interest, wish to amend the Lease as set forth
below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, City and Lessee agree as
follows:
1. Lease of Facility. City agrees to the modification and addition of equipment within the Facility
leased to Lessee to accommodate Lessee's needs. Upon the execution of this Amendment, City leases to
Lessee the Facility as more completely described on the attached Exhibit B-1. City's execution of this
Amendment will signify City's approval of Exhibit B-1. Exhibit B-1 hereby amends Exhibit B to the
Lease.
2. Consideration. Section 9.3 of the Agreement is deleted in its entirety and replaced with the
following:
9.3 Commencing January 1, 2012, the annual rental charges set forth in paragraphs 9.1 and 9.2 shall be
Seven Thousand Six Hundred and 62/100 Dollars ($7,600.62) and shall increase every January 1 by three
percent per year for the current 5-year term. Increases, if any, for each additional 5-year term shall be
negotiated in accordance with Section 4, provided that, if a mutually agreeable rate cannot be negotiated,
the Lease shall expire at the conclusion of the five-year period for which compensation has been
established.
Page 1 of 6
Lessee Site Number: SN64
Lessee Site Name: Five Corners
3. Notice. Section 36 of the Lease is hereby deleted in its entirety and replaced with the
following:
All notices, requests, demands and communications hereunder will be given by first class
certified or registered mail, return receipt requested, or by a nationally recognized overnight courier,
postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices
will be addressed to the parties as follows:
If to CITY:
City of Edmonds
Attn: Public Works Director
121 5th Avenue North
Edmonds, Washington 98020
With a copy to:
City of Edmonds
Attn: Office of the City Attorney
121 5th Avenue North
Edmonds, Washington 98020
If to LESSEE:
New Cingular Wireless PCS, LLC
ATTN: Network Real Estate Administration
RE: Cell Site #: SN64
Cell Site Name: Five Corners
Fixed Asset #: 10092292
12555 Cingular Way, Suite 1300
Alpharetta, GA 30004
With copy to:
New Cingular Wireless PCS, LLC
ATTN: Legal Department
RE: Cell Site #: SN64
Cell Site Name: Five Corners
Fixed Asset #: 10092292
If sent by US mail:
PO Box 97061
Redmond, WA 98073-9761
If sent by overnight courier:
16331 NE 72" d Way
Redmond, WA 98052
The copy sent to each party's legal department is a courtesy copy which alone does not constitute
legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days
prior written notice to the other as provided herein.
Page 2 of 6
Lessee Site Number: SN64
Lessee Site Name: Five Corners
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease
and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this
Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the
Lease to itself shall be deemed also to refer to this Amendment.
5. Disbursement. The Lessee shall reimburse the City the sum of $2,500 for the expense it has
incurred in amending the Lease.
6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Lease.
IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last
date written below.
CITY:
City of Edmonds, a municipal corporation
By:
Print Name: Mayor David Earling
Its: Mayor
Date:
ATTEST/AUTHENTICATED:
Sandra Chase, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Jeff Taraday
LESSEE:
New Cingular Wireless PCS, LLC
A Delaware limited Liability Company
By: AT&T Mobility Corporation
Its: M a
By: .,...
Print Na`� �s�D
Its: Av-&4%se .
Date: -5 • 4 • (?i
Page 3 of 6
Lessee Site Number: SN64
Lessee Site Name: Five Corners
ACKNOWLEDGEMENT
City Notary
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 said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it
as the of , to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Washington
My appointment expires:
Page of
Lessee Site Number: SN64
Lessee Site Name: Five Corners
Lessee Notary
STATE OF OREGON )
SS.
COUNTY OF W aGh j �� }
I certify that I know or have satisfactory evidence that Wclp,P k)cr5-HIV is the person
who appeared before me, and said person acknowledged that he signed this instrument, ex oath tated that
he was authorized to execute the instrument and acknowledged it asAnkiAMG & of
New Cingular Wireless PCS, LLC, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: 5 tq `ac *'
Notary Seal
OFFICIAL SEAL
CHARLOTTE CLARKE
NOTARY PUBLIC - OREGON
COMMISSION NO.450689
MY COMMISSION EXPIRES JULY 11, 2014
OAU a 0-0-6
(SM
une of Notary)
2 Lodi car
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Oregon
My appointment expires: -7 1 t, I / L4
Page 5 of 6
Lessee Site Number: SN64
Lessee Site Nanze: Five Corners
EXHIBIT B-1
DESCRIPTION OF FACILITY
(3 PAGES TOTAL THIS EXHEBrr)
The following Exhibit B-1, Description of Facility, shall amend and replace Exhibit B to the
Lease.
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