HomeMy WebLinkAboutL001-09 - Original - Cingular Wireless LLC - West Fenwick Park Cellular Phone Tower - 02/12/2003 CITY CLERK
CITY OF KENT
2204nt Avenue
WA 8032 th
KENT Ke WA5H1NGTON Fax 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
Instructions
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 — CONTRACT PROCESSING AND TENANT SET-UP:
All lease agreements must be signed by the Mayor or his/her designee and approved
by the City Council. Lease amendments, extensions, renewals, and assignments may
or may not require Council approval (contact the Law Department), but they must be
signed by the Mayor.
The City Clerk's Office will perform the following tasks associated with all lease
agreements and amendments:
• Assign a sequential lease agreement number based on starting with 001 and
receded with "L", e.
P . L001.9
• Scan the Lease Agreement Cover Sheet, Lease Agreement (or Amendment) and,
if any, related supporting documentation into the document imaging system.
• Provide notification via e-mail to the Contact Person (Question 2), Law and
Customer Services.
The Lease Agreement Cover Sheet is to be completed for each existing and active and
all subsequent lease agreements, lease amendments and assignments of lease. There
is recognition that certain existing and active agreements and amendments may not
incorporate new policies, e.g. commencement of the lease on the is` of the month or
year. Those agreements and amendments will be addressed through subsequent
agreements and/or amendments, if any.
Contract Number: L001-09
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Charlie Lindsey
Telephone Extension: 5081
3. Tenant (Customer) Name: Cingular Wireless
4. Tenant (Customer) Number: 64382
Lease Agreement Cover Sheet—Page 1 of 4
5. General Ledger Account Number: P20072.56250
6. King County Tax Parcel Number: 272204-9005 (partial)
7. Address of Parcel: 3824 Reith Road, Kent
8. Type of Lease: Lease Agreement - Commercial Property Rental (West Fenwick
Park Cellular Phone Tower)
9. Council Authorization Date: October 1, 2002
10. Mayor Signature Date: October 8, 2002
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
All lease agreements and amendments must reflect the lease start date, lease
termination date and the duration of the lease. The lease agreement may also
authorize the tenant to request an extension of the lease term, i.e. either "month to
month" or for a defined period of time. The tenant must provide advanced written
notice of the intent to exercise this lease option.
A date certain lease start date must be established in the lease agreement and must
be the first of the month. Commencement of certain leases may be predicated on
certain actions by the tenant, e.g. installation of cellular tower equipment. In such
instances, a reasonable fixed future date must be established in the lease agreement.
11. Lease Start Date: February 12, 2003 (earlier of nine months after the date of
this Lease has been signed by both parties, or the date Tenant commences
construction of its improvements on the Premises)
12. Tenant Lease
Option Renewal Notification Due Date: 90 calendar days prior
p Y
to the end of the term then in effect
13. Lease Termination Date: February 11, 2008
14. Lease Duration: February 12, 2003 through February 11, 2008. Three
additional five year option periods
SECTION 3 - RENT DETERMINATION AND DUE DATE:
Lease agreement must include provisions establishing the stated rent and, if over one
year in length, modification of stated rent. Typically, rental increases are based on
changes in the Consumer Price Index. Example of possible contract language:
Effective as of each anniversary of the Commencement date (the
"Adjustment Date") by an amount equal to the greater of four (4) percent
or the percentage increase in the CPI two (2) months prior to the
Adjustment Date and the CPI for the month 12 months prior to the
Adjustment Date. "CPI" means the Consumer Price Index - All Urban
Consumers, (Seattle-Tacoma-Bremerton WA), All Items, base penod
1982-84=100, Not Seasonally Ad1usted, issued by the U.S. Bureau of Labor
Statistics. If the CPI is converted to a different standard reference base, or
Lease Agreement Cover Sheet-Page 2 of 4
otherwise revised, the adjustment set forth rn this paragraph shall be made
with the use of the conversion formula published by the U.S. Bureau of
Labor Statistics.
15. Rent: $15,000.00/year (excludes leasehold excise tax)
16. Rent Due Date: February 12
17. Calculation of Rental Increase(s): Greater of 4% or the percentage increase
in the CPI for the month 12 months prior to the adjustment date. "CPI" means
the Consumer Price Index for All Urban Customers, U.S. City Average, All Items,
issued by the Bureau of Labor Statistics for the United States Department of
Labor (1982-84 = 100).
SECTION 4 — LEASEHOLD EXCISE TAX:
Leasehold excise tax applies to the possession and use of publicly owned real property
PP P P Y P P Y
by a private sector individual, business or other organization. This tax is calculated
based on 12.84 percent of the contract rent amount. See also Department of
Revenue Leasehold Excise Tax Frequently Asked Questions and Answers
(http://dor.wa.gov/docs/Pubs/IndustSpecific/Leasehold.pdf). Contact the Customer
Services Financial Analyst (LIDs/Receivables) or the Audit Manager regarding
questions in this area.
18. Is this lease subject to leasehold excise taxes?
® YES (go to Question 19)
❑ NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly
collected from the tenant by the Washington State Department of
Revenue?
® YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
❑ NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
❑ YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284)
❑ NO Calculate the leasehold excise tax (Stated Rent times .1284)
SECTION 5 — APPLICABLITY OF UTLITIES:
The Lease agreement must include provisions establishing responsibility for payment
of utilities, including but not limited to electricity, natural gas, water, sewer, storm
drainage, and garbage collection and disposal services.
Lease Agreement Cover Sheet—Page 3 of 4
In certain instances, the utility service may not be applicable, e.g. septic system, or
may not be provided by the City, e.g. Highline Water District service area. In all
instances, City utilities will be billed through the Customer Services utility billing
system. Other utilities paid by the City on behalf of the tenant, e.g. electricity or
natural gas, will be invoiced to the tenant through the central accounts receivable
system (JD Edwards).
Electricity or natural gas charges may be established based on actual consumption,
e.g. usage of a meter or by a reasonable amount established through appropriate
financial analysis. Separate meters for measurement should not be established on
City-owned or leased properties. The dollar amount of electric and natural gas
charges must be included in the lease agreement (amendment) and should be subject
to future modification based on appropriate methodologies, e.g. change in rate, etc.
Contact Finance Customer Services for questions in this area, as well as ensuring that
City accounts are transferred into the name of the tenant.
21. Applicability of Utilities — Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
❑ Does Not Apply
❑ Water: No services
❑ Sewer: No services
® Drainage: Paid by City
❑ Garbage: No services
® Electricity/Natural Gas: Puget Sound Energy
Ensure that Finance Customer Services is properly notified to ensure City utility
account, if any, is recorded into the name of the tenant if so established in the
Agreement. Ensure all other applicable charges are properly invoiced to the tenant.
SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES:
Lease agreement should contain provisions establishing penalties and must contain
provisions establishing late interest charges. Late interest (also referred to as
"finance charges") should be consistent with Chapter 3.10 of the Kent City Code, i.e.
currently 1% of the amount of the unpaid balance or $2.00, whichever is greater, if
not paid within 30 days from the due date.
22. Monetary Penalties: 5% of the annual rent for any payment not paid within 5
calendar days of when due (February 12)
23. Late Interest: 2% per month on the amount outstanding if not when due
(February 12)
SECTION 7 — OTHER LEASE CONSIDERATIONS:
Section 23 of the Lease Agreement establishes a rental rate of two times the rents
specified (prorated on a monthly basis) for any holding over period after the
expiration of the lease term.
Lease Agreement Cover Sheet—Page 4 of 4
LEASE AGREEMENT
THIS LEASE AGREEMENT("Lease')is entered into by and between the CITY OF KENT,
Washington municipal corporation ("Landlord") and Cmgular Wireless LLC, a Delaware hunted
liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability
company, d/b/a Cingular Wireless, with its principal office in Washington located at 2445 140'b
Avenue NE, Suite 202,Bellevue, Washington 98005 (Tenant")
Background
A Landlord is the owner in fee simple of a parcel of land located in the City of Kent,
King County, Washington, legally described on the attached Exhibit A
B Tenant is in the communications business and desires to lease a portion of the
Landlord's property described below,which is legally described on the attached Exlubit B, together
with a nonexclusive access easement, which is legally described on the attached Exhibit C, from
Landlord
C Accordingly, the parties are entering into this Lease on the terms and conditions set
forth below
Agreement
In consideration of their mutual covenants, the parties agree as follows
1 Leased Premises Landlord leases to Tenant and Tenant leases from Landlord the real
property legally described on the attached Exhibit B (the" Land") together with a non-exclusive
easement for ingress, egress and utilities over the adjacent real property legally described on the
attached Exhibit C (the"Access Easement") The Land and the Access Easement are collectively
referred to as the "Premises"
This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way Any
such franchise or permit must be obtained separately from Landlord.
2 Term and Option to Renew This Lease shall commence on the earlier of (a) nine
(9) months after the date of this Lease has been signed by both parties, or (b) the date Tenant
commences construction of its improvements at the Premises(the"Commencement Date"), and end
on the date that is one day before the five year anniversary of the Commencement Date
Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew
this Lease for three (3) additional five(5)year periods subject to the adjustment of Annual Rent as
described in Section 3 Should Tenant exercise its option to renew this Lease,that option must be
exercised in writing and delivered to Landlord at least mnety (90) calendar days before the end of
the term then in effect.
LEASE AGREEMENT—Page 1 of 16
(Landlord City of Kent Tenant Cmgular Wireless Lake Fenwick WA645-02) (September 20,2002)
3 Rent
a Tenant agrees to pay Landlord as Annual Rent, without notice or demand,the
sum of FIFTEEN THOUSAND AND N0/100 DOLLARS ($15,000.00), plus leasehold tax, if
required by law, at a rate established by the State of Washington, currently 12 84%, commencing on
the Commencement Date Subsequently,the Annual Rent shall be paid in advance, on or before the
first day of the anniversary of the Commencement Date during the term hereof Annual Rent shall
be mailed to City of Kent, 220 Fourth Avenue South, Kent,Washington 98032, Attention Facilities
Superintendent
b. Tenant shall pay Landlord a late payment charge equal to five percent(5%)
of the Annual Rent for any payment not paid within five (5) calendar days of when due. Any
amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%)
per month
c For each additional antennae installed by Tenant beyond the initial array
described in Exhibit C, Tenant shall pay an additional annual fee in an amount to be determined by
the parties, which shall increase annually under the same terms provided in this Lease and shall
become part of the Annual Rent
d The Annual Rent during years two (2)through five(5) of each five (5) year
tern shall be increased effective as of each anniversary of the Commencement Date by an amount
equal to the greater of four percent(4%) or the percentage increase in the CPI over the CPI for the
month 12 months prior to the adjustment date. "CPP' means the Consumer Price Index for All
Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the
United States Department of Labor(1982-84= 100) If the CPI is converted to a different standard
reference base or otherwise revised,the adjustment set forth in this paragraph shall be made with the
use of the conversion formula published by the Bureau of Labor Statistics
e The Annual Rent during the first year of each renewal term will be adjusted
to Market Rent As used herein, "Market Rent" means the rent paid for similar uses on similar
properties in the greater Puget Sound area If Landlord and Tenant cannot agree upon Market Rent
within thirty(30) days after Tenant presents its proposal for Market Rent, then the matter shall be
settled by binding arbitration by a single arbitrator who has experience in real estate leasing matters.
Tenant shall present its proposal for Market Rent when it exercises its option to renew the Lease
The arbitration will be administered by JAMS if the parties have not otherwise agreed to use a
different arbitrator or arbitration process Each party will subnut to the arbitrator and each other at
least ten(10) days in advance of the hearing their best offers of Market Rent The arbitrator shall
be lin ted to choosing one of the two proposed Market Rent figures, and the arbitrator shall award
the Market Rent figure that is closest to the true Market Rent The costs of the arbitration shall be
borne by the party whose Market Rent figure was not selected by the arbitrator. Each party will bear
the cost of its own attorney's fees
f Annual Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset.
LEASE AGREEMENT—Page 2 of 16
(Landlord City of Kent, Tenant Cingular Wireless Lake Fenwtck WA645-02) (September 20 2002)
4 Use of Premises.
a Tenant shall use the Premises for the purpose of constructing and operating
wireless communications antennas on an existing Puget Sound Energy pole, and constructing and
operating related wireless communications ground equipment, support structures and cables
("Antennae Facilities'), and for no other purpose Tenant shall have access to the Premises twenty-
four(24) hours a day, seven(7) days a week.
b Tenant shall, at its expense, comply with all present and future federal, state,
and local laws, ordinances, rules and regulations (including laws and ordinances relating to health,
radio frequency emissions, other radiation and safety) in connection with the use, operation,
maintenance, construction and/or installation of the Antennae Facilities and/or the Premises
c (1) The Tenant shall remove the Antennae Facilities from the Premises
upon termination of the Lease Such removal shall be done in a workmanlike and careful manner
and without interference or damage to any other equipment, structures or operations on the Premises,
including use of the Premises by Landlord or any of Landlord's assignees or lessees
(2) Upon removal of the improvements (or portions thereof) as provided
above in subpart (1), Tenant shall restore the affected area of the Premises to the reasonable
satisfaction of Landlord.
(3) All costs and expenses for the removal and restoration to be
performed by Tenant pursuant to subparts (1) and(2) above shall be borne by Tenant, and Tenant
shall hold Landlord harmless from any portion thereof
5 Tenant Improvements, Plans, Bonds
a (1) Tenant may improve the Premises by constructing wireless
communications antennas on an existing Puget Sound Energy pole, and constructing related wireless
communications ground equipment, support structures and cables. Tenant is required, as part of tlus
Lease, to complete all the items listed in Exhibit D Tenant is responsible to provide all labor,
materials, and equipment necessary for the items listed in Exhibit D Prior to commencing
construction, Tenant shall submit plans and specifications drawn to scale for all improvements to
Landlord for Landlord's written approval, such approval not to be unreasonably withheld No
improvement,construction,installation or alteration shall be commenced until plans for such work
have been approved by the Landlord and all necessary permits have been properly issued
Landlord's Parks, Recreation & Community Services Department shall give such approval or
provide Tenant with its requests for changes within thirty (30) working days of Landlord's receipt
of Tenant's work plans If Landlord's Parks, Recreation & Community Services Department does
not provide such approval or request for changes within such thirty (30) working day period,
Landlord's Parks,Recreation&Community Services Department shall be deemed to have approved
the plans. The plan and specifications review schedule described above does not apply to the City
of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is
requesting to perform,whose schedule is governed by applicable law
LEASE AGREEMENT—Page 3 of 16
(Landlord City of Kent, Tenant Cingular Wireless Lake Fenwick WA645-01) (Seplember202002)
(2) All improvements shall be constructed in a workmanlike manner
without the attachment of any hens to the Premises and shall be completed in compliance with all
applicable laws, rules, ordinances and regulations
(3) Tenant shall conform and comply with all local land use,regulatory,
or building permit conditions issued by the City of Kent in connection with the construction,
operation, or maintenance of Tenant's facilities contemplated in this Lease.
(4) No improvements or modifications to improvements shall be made
without the Landlord's consent Moreover, any such improvements or modifications are subject
to the conditions set forth in section a. (1), (2) , (3), and (4) above
b (1) The Antennae Facilities shall remain the property of Tenant and
Tenant shall remove the Antennae Facilities upon termination of the Lease Such removal shall be
done in a workmanlike and careful manner and without interference or damage to any other
equipment, structures or operations on the Premises, including use of the Premises by Landlord or
any of Landlord's assignees or lessees If, however, Tenant requests permission not to remove all
or a portion of the improvements, and Landlord consents to such non-removal, title to the affected
improvements shall thereupon be transferred to Landlord and the same thereafter shall be the sole
and entire property of Landlord, and Tenant shall be relieved of its duty to otherwise remove same
All other alterations, improvements and structures located or constructed on the Premises (except
for movable equipment and trade fixtures), shall become the property of Landlord upon termination
of the Lease, except that Landlord may, by written notice to Tenant, require Tenant to remove all
such improvements upon termination of the Lease Any personal property, equipment, or other
improvements which are not removed upon termination of this Lease shall become the property of
Landlord, at Landlord's option
(2) Upon removal of the improvements (or portions thereof) as provided
above in subpart 5 b (1), Tenant shall restore the affected area of the Premises to the reasonable
satisfaction of Landlord.
(3) All costs and expenses for the removal and restoration to be
performed by Tenant pursuant to subparts 5.b(1) and(2) above shall be borne by Tenant, and Tenant
shall hold Landlord harmless from any portion thereof
c Tenant shall annually post a bond (or, at Tenant's option, a letter of credit)
from a surety or bank reasonably acceptable to Landlord, in the amount of Fifteen Thousand Dollars
($15,000 000)to assure that the necessary funds will be available at the termination of the Lease for
removal of all improvements
6 Use by Other Providers
a Tenant shall design and construct the Antenna Facilities to accommodate 1
(one) other telecommunications provider("Other Provider") Toward this end, Tenant shall design
and construct the tower so that 2 (two) antennae or antennae arrays may be placed on it. Tenant shall
LEASE AGREEMENT—Page 4 of 16
(Landlord City ofKenl, Tenanl Cingular Wireless Lake Fenwick WA645-02) (September 20,2002)
also design and construct all ancillary support facilities, including any support buildings, so that 1
(one) Other Provider will have an adequate amount of space to house their own support equipment
b Tenant shall cooperate with each new Other Provider in connection with their
locating and placing their antennas and other facilities on the Premises and in the ancillary support
facilities
c Each new Other Provider shall be solely responsible for the cost of locating
and placing their equipment on the Premises The Other Provider shall also be responsible for any
liabilities that anse from the Other Provider's use of the Premises.
d Witlun thirty(30) days after receipt, Tenant shall notify Landlord in writing
of all sublease or assignment requests or proposals which Tenant receives for use of the Premises
Tenant shall immediately provide Landlord with any information relating to a lease to an Other
Provider as requested by Landlord Failure to comply with this provision shall place Tenant in
default and give Landlord the option of exercising any of the rights described in this Lease.
7 Net Lease Landlord shall not be required to make any expenditures of any kind in
connection with this Lease or to make any repairs or improvements to the Premises. The parties
agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net basis
In addition to the Annual Rent reserved above, Tenant shall pay to the parties entitled thereto all
taxes, assessments, insurance premiums, maintenance charges, and any other direct charges, costs
and expenses against the Premises which may be contemplated under any provisions of this Lease
8. Maintenance
a Tenant shall,at its own expense,maintain the Premises and all improvements,
equipment and other personal property on the Premises in good working order, condition and repair
Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive
nature or which would create a hazard or undue vibration,heat, noise or interference Tenant shall
install, maintain, and replace, when necessary, all landscaping on the Premises required by City of
Kent permits
b In the event the Landlord or any other Tenant undertakes painting,
construction or other alterations on the Landlord's property described in Exhibit A, Tenant shall take
reasonable measures, at Tenant's cost, to cover Tenant's equipment,personal property or Antennae
Facilities and protect them from paint and debris fallout which may occur during the painting,
construction or alteration process This requirement shall not be interpreted as a waiver of any claim
Tenant may raise either against Landlord or any third party due to their negligence, so long as Tenant
has taken reasonable measures to protect Tenant's equipment, property, and facilities as required
above.
9 Access. Landlord and its agents shall have the right to enter the Premises at
reasonable times to examine and inspect the Premises
LEASE AGREEMENT—Page 5 of 16
(Landlord City of Kent Tenant Cingalar Wireless Lake Fenwick WA645-02) (September 20.2002)
10 Utilities Tenant shall, at its expense, separately meter charges for the consumption
of electricity and other utilities associated with its use of the Premises and shall timely pay all costs
associated therewith.
11. License Fees Tenant shall pay, as they become due and payable, all fees, charges,
taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use
of the Premises.
12 Approvals, Compliance with Laws Tenant's use of the Premises is contingent upon
its obtaining all certificates,permits, zoning,and other approvals that may be required by any federal,
state or local authority Tenant shall erect, maintain and operate its Antennae Facilities in
accordance with site standards, statutes, ordinances,rules and regulations now in effect or that may
be issued thereafter by the Federal Communications Commission or any other governing bodies
13 Interference
a Tenant's installation, operation, and maintenance of its transmission facilities
shall not damage or interfere many way with Landlord's activities on the Premises Tenant agrees
to correct, within thirty (30) calendar days, all such actions which materially interfere with
Landlord's use of the Premises Tenant agrees to promptly commence good faith efforts to cure
interference upon actual notice of such interference If the interference cannot be corrected without
Tenant's wireless signal coverage goals from the Premises being materially impacted, Tenant shall
have the right to terminate the Lease
b Before approving the placement of Antennae Facilities,Landlord may obtain,
at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere
with any existing communications facilities on the Prenuses
c In the event any other party requests a lease and/or permission to place any
type of additional antennae or transnussion facility on the Premises,Landlord shall submit a proposal
complete with all technical specifications reasonably requested by Tenant to Tenant for review for
noninterference, however, Landlord shall not be required to provide Tenant with any specifications
or information claimed to be of a proprietary nature by the third party The third party shall be
responsible for the reasonable cost of preparing the technical specifications for its proposed
transmission facility. Tenant shall have fifteen(15)calendar days following receipt of said proposal
to make any objections thereto, and failure to make any objection within said fifteen(15) calendar
day period shall be deemed consent by Tenant to the installation of Antennae or transmission
facilities pursuant to said proposal If Tenant gives notice of objection due to interference during
such fifteen(15) calendar day period and Tenant's objections are verified by Landlord to be valid,
then Landlord shall not proceed with such proposal unless the third party modifies the proposal in
a manner determined, in Landlord's reasonable judgment, to adequately eliminate reasonable
interference concerns asserted by Tenant In that case, Landlord may proceed with the proposal A
governmental unit may be allowed to place Antennae or other communications facilities on the
Premises as long as there is no interference with Tenant's use ,
LEASE AGREEMENT—Page 6 of 16
(Landlord City ol'Kent, Tenant Cmgular Wireless Lake Fenwick WA645-02) (September 20,2002)
14 Default and Landlord's Remedies It shall be a default if Tenant defaults in the
payment of Annual Rent or any other sums payable to Landlord when due, and does not cure such
default within thirty (30) calendar days after written notice from Landlord. It shall be a default if
Tenant abandons or vacates the Premises, or if Tenant fails, at any time during this Lease (including
optional renewal penods), to conform or comply with any local land use, regulatory, or building
permit conditions issued by the City in connection with the construction, operation, or maintenance
of Tenant's-facilities contemplated in this Lease, or if Tenant is adjudicated as bankrupt or makes
any assignment for the benefit of creditors, or if Tenant becomes insolvent. It shall be a default if
either party defaults in the performance of any other covenant or condition of this Lease and does
not cure such other default within thirty (30) calendar days after written notice from the non-
defaulting party specifying the default at issue.
In the event of an instance of Tenant's default as identified in this Section 14, Landlord shall
have the right, at its option,in addition to and not exclusive of any other remedy Landlord may have
by operation of law, without any further demand or notice, to re-enter the Premises and elect all
persons therefrom and declare this Lease at an end, in which event Tenant shall immediately remove
the Antennae Facilities (and proceed as set forth in paragraph 5.b. and pay Landlord a sum of money
equal to the total of(1)the amount of the unpaid rent accrued through the date of termination, (2)
Landlord's direct costs associated with Tenant's default, and(3)Liquidated Damages in the amount
of six (6)months rent
In the event of an instance of Landlord's default as identified in this Section 14, Tenant shall
have the right, at its option and not exclusive of any other remedy Tenant may have by operation of
law, and without any further demand or notice, to terminate this Lease
In the event of any claim, suit, or other action brought for recovery of possession of the
Premises, for the recovery of any rent or any other amount due under the provisions of this Lease,
or because of the breach of any other covenant between Tenant and Landlord, each party in any such
claim shall be responsible for all its expenses incurred therefor, including attorney fees
15 Cure by Landlord In the event of any default of this Lease by Tenant,the Landlord
may at any time, after notice, cure the default for the account of and at the expense of the Tenant
If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require
the payment of any sum of money or is compelled to incur any expense, including reasonable
attorney fees in instituting,prosecuting or defending any action to enforce the Landlord's rights under
this Lease,the sums so paid by Landlord, with all interest,costs and damages shall be deemed to be
Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following
the incurring of the respective expenses If Tenant disputes the appropriateness of the Additional
Rent in good faith, Tenant will pay such Additional Rent "under protest" Any payment under
protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights
under this Agreement, and such payment shall be subject to refund if Tenant's positron is upheld by
a or arbitrator
16 Optional Termination Except for instances of default as set forth in Section 14,
above,this Lease may be terminated(a) by Tenant if it is unable to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation of the
LEASE AGREEMENT—Page 7 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenwrek WA 645-02) (September 20,2002)
Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord decides, in its sole
discretion for any reason, to discontinue use of the Premises for city or public purposes; (c) by
Landlord if it determines through venfiable scientific evidence that continued use of the Premises
by Tenant is in fact a threat to health, safety or welfare; (d)by Landlord if Landlord determines that
Tenant's use of the Premises violates applicable laws or ordinances, or (e) by Landlord if Tenant
loses its license to provide PCS/cellular service for any reason, including, but not limited to,
nonrenewal, expiration, or cancellation of its license.
17. Removal of Facilities Upon Termination. Upon termination of this Lease for any
reason, Tenant shall remove its equipment, personal property, Antennae Facilities, and leasehold
improvements from the Premises within tlurty(30) calendar days from the date of termination, and
shall repair any damage to the Premises caused by such equipment,normal wear and tear excepted,
all at Tenant's sole cost and expense Without waiving any other rights Landlord may have under
this Lease, if any such property or facilities are not removed or necessary repairs made to the
satisfaction of Landlord by the end of this thirty (30) day time period after termination, Landlord
may, at its option, assume ownership of that property by recording notice thereof with the Recorder's
office at King County, Washington, or use the proceeds of the bond or letter of credit under
subsection 5 c to remove the equipment, personal property, Antennae Facilities, and leasehold
improvements and/or repair any damage to the Premises, normal wear and tear excepted
18 Termination,Notice Notice of Tenant's termination pursuant to paragraph 16 shall
be given to Landlord in writing at least thirty(30) calendar days prior to the termination date (with
the sole exception of subsection 16 (c),which shall be subject to immediate termination upon giving
written notice)by certified mail, return receipt requested, and shall be effective no sooner than thirty
(30) calendar days from the date of receipt of that notice Landlord may retain such amounts as
necessary from all rentals paid for the Lease of the Premises prior to said termination date to cover
Landlord's econarmc loss resulting from Tenant's termination.
19. Damage or Destruction If Tenant's improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no fault or
negligence of Tenant,Tenant may elect to temunate this Lease upon thirty(30)calendar days'wntten
notice to Landlord. In such event, Tenant shall promptly remove the all improvement from the
Premises as set forth in Section 5.b. above This Lease (and Tenant's obligation to pay rent) shall
terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which
termination Tenant shall be entitled to the reimbursement of any Annual Rent prepaid by Tenant
Landlord shall have no obligation to repair any damage to any portion of the Premises
20 Condemnation. In the event the Premises are taken by eminent domain, this Lease
shall terminate as of the date title to the Premises vests in the condemning authority. In event a
portion of the Premises is taken by eminent domain, either party shall have the right to terminate this
Lease as of said date of title transfer,by giving thirty(30) days written notice to the other party In
the event of any taking under the power of eminent domain, Tenant shall not be entitled to any
portion of the reward paid for the taking and the Landlord shall receive full amount of such award
Tenant shall hereby expressly waive any right or claim to any portion thereof although all damages,
whether awarded as compensation for diminution in value of the leasehold or to the fee of the
Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the
LEASE AGREEMENT—Page 8 of 16
(Landlord City of Kent, Tenant Ongular Wireless Lake Fenwick WA645-02) (September 20 2002)
condemning authority,but not from Landlord, such compensation as may be separately awarded or
recoverable by Tenant on account of any and all damage to Tenant's business and any costs or
expenses incurred by Tenant in moving/removing its equipment, personal property, Antennae
Facilities, and leasehold improvements
21 Indemnity and Insurance
a Disclaimer of Liabill Landlord shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever ansmg out of Tenant's
negligent construction,maintenance,repair, use,operation, condition or dismantling of the Premises
or Tenant's Antennae Facilities and any other improvements made by Tenant
b. Indemmfication. Tenant shall, at its sole cost and expense, indemnify and
hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord,now
existing or hereinafter created, and their respective officers,boards,commissions, employees,agents,
attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against
(1) Any and all liability, obligation, damages, penalties, claims, liens,
costs, charges, losses and expenses (including,without lmutation, reasonable fees and expenses of
attorneys,expert witnesses and consultants),which may be imposed upon,incurred by or be asserted
against the Indemnitees by reason of any intentional or negligent act or omission of Tenant, its
personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily
injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or
intangible property, libel, slander,invasion of privacy and unauthorized use of any trademark, trade
name, copyright,patent, service mark or any other right of any person, firm or corporation,which
may anse out of or be in any way connected with the construction, installation, operation,
maintenance, use or condition of Tenant's Antennae Facilities, Tenant's use of the Premises,
Tenant's other improvements, or Tenant's failure to comply with any federal, state or local statute,
ordinance or regulation
(2) Any and all liabilities, obligations, damages,penalties, claims, liens,
costs, charges, losses and expenses (including,without limitation,reasonable fees and expenses of
attorneys, expert witnesses and other consultants),which are unposed upon, incurred by or asserted
against the Indemnitees by reason of any claim or lien ansmg out of work, labor, materials or
supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation,
construction, operation,maintenance or use of the Prermses, Tenant's Antennae Facilities, Tenant's
other improvements and,upon the written request of Landlord, Tenant shall cause such claim or hen
covering Landlord's property to be discharged or bonded within thirty (30) days following such
request.
(3) Notwithstanding the foregoing, Tenant shall not indemmty,defend or
hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, hens, costs,
charges,losses or expenses(including,without limitation,reasonable fees and expenses of attorneys,
expert witnesses and other consultants), ansmg out of the Indemnitee's negligence or willful
misconduct
LEASE AGREEMENT—Page 9 of 16
(Landlord City of Kent, Tenant Cmgilar Wireless Lake Fenwrak WA645-02) (Seplember202002)
C. Assumption of Risk Tenant undertakes and assumes for its officers, agents,
affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on
or about the Premises Tenant's assumption of risk shall not apply to any latent defects or other
dangerous situation, if Landlord knows or should know that defect or situation to exist but has not
disclosed that information to Tenant
d Defense of Indemnitees In the event any action or proceeding shall be
brought against the Indemnitees by reason of any matter for which the hidemmitees are indemnified
hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and expense,
resist and defend the same; provided however,that Tenant shall not admit liability in any such matter
on behalf of the Indemnitees without the written consent of Landlord and provided further that
Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim
for which they are mdemmfied hereunder, without the prior written consent of Tenant
e Notice,Cooperation and Expenses. Landlord shall give Tenant prompt notice
of the making of any claim or the commencement of any action, suit or other proceeding covered by
the provisions of this Section 21 Nothing herein shall be deemed to prevent Landlord from
cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel
so long as the participation is coordinated with Tenant's legal counsel Tenant shall pay all expenses
incurred by Landlord in response to any such actions, suits or proceedings These expenses shall
include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value
of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents,
employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection
with such suits, actions or proceedings but shall not include attorneys' fees for services that are
unnecessarily duplicative of services provided Landlord by Tenant
If Tenant requests Landlord to assist it in such defense, then Tenant shall pay all
expenses incurred by Landlord in response thereto, including defending itself with regard to any such
actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as
attorney fees and shall also include the costs of any services rendered by the Landlord's attorney, and
the actual expenses of Landlord's agents, employees or expert witnesses, and disbursements and
liabilities assumed by Landlord in connection with such suits, actions or proceedings which are not
directly attributable to Landlord's negligence
f Insurance During the term of the Lease, Tenant shall maintain, or cause to
be maintained,in full force and effect and at its sole cost and expense,the following types and limits
of insurance:
(1) Worker's Compensation insurance meeting applicable statutory
requirements and employer's liability insurance with nummum limits of One Hundred Thousand
Dollars ($100,000) for each accident
(2) Comprehensive Commercial General Liability insurance written on
an occurrence basis with limits no less than One Million Dollars($1,000,000)combined single limit
per occurrence and in the aggregate for bodily injury, personal injury and property damage. The
policy shall provide blanket contractual liability insurance for all written contracts, and shall include
LEASE AGREEMENT—Page 10 of 16
(Landlord City of Kent Tenant Cmgular Wireless Lake Fenwick WA645-02) (September 10,2002)
coverage for products and completed operations liability,independent contractor's liability; coverage
for property damage from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage
(3) Automobile Liability insurance covering all owned, hired, and
nonowned vehicles in use by Tenant, its employees and agents,with personal protection insurance
and property protection insurance to comply with the provisions of state law with nummum limits
of One Million Dollars ($1,000,000) as the combined single limit for each occurrence for bodily
injury and property damage
(4) Excess Liability insurance with limits not less than Four Million
Dollars ($4,000,000 00)per occurrence and in the aggregate.
(5) At the start of and during the period of any construction,builders all-
risk insurance, together with an installation floater or equivalent property coverage covering cables,
materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to
the installation of the Antennae Facilities Upon completion of the installation of the Antennae
Facilities, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and
vandalism and malicious mischief insurance on the Antennae Facilities The amount of insurance
at all times shall be representative of the insurable values installed or constructed
(6) All policies other than those for Worker's Compensation shall be
written on an occurrence and not on a claims made basis
(7) The coverage amounts set forth above may be met by a combination
of underlying and umbrella policies so long as in combination the limits equal or exceed those stated
(8) Notwithstanding anything to the contrary contained in this Lease,
Tenant may elect to maintain a plan of self insurance for any and all insurance required to be carved
by Tenant under this Lease so long as (i) Tenant has and continues to have capital and surplus of at
least twenty-five million dollars, (n) Tenant delivers to Landlord a certificate stating that the self-
insuring party is the insurer for all purposes under this Lease for the particular risk; and(m)no such
self-insurance shall dnnnush the rights and privileges to which Landlord is otherwise entitled under
the terms of this Lease when there is a third-party insurer. If the self-insuring party ceases to
maintain a plan of self-insurance with respect to any risk for which this Lease requires insurance or
if the self-insuring party fails to meet the capital and surplus or tangible net worth requirement set
forth above, the self-insunng party shall give written notice thereof to the other party and shall
immediately comply with the provisions of tlus Lease relating to the policies of insurance required.
g Named Insureds All policies, except for business interruption and worker's
compensation policies, shall list Landlord and its officials, officers, employees, agents and assigns,
as their respective interests may appear, as additional insureds (herein referred to as the "Additional
Insureds") Each policy which is to be endorsed to list Additional Insureds hereunder, shall contain
cross-liability wording, as follows
LEASE AGREEMENT—Page 11 of 16
(Landlord CdyofKenl, Tenanl Cingular Wireless Lake Fenweck WA645-02) (September 20,2002)
"In the event of a claim being made hereunder by one insured for which another
insured is or may be liable, then tlus policy shall cover such insured against whom
a claim is or may be made in the same manner as if separate policies had been issued
to each insured hereunder."
h Evidence of Insurance Certificates of insurance or self insurance for each
insurance policy required to be obtained by Tenant in compliance with this Section, together with
a copy of the endorsement listing the Landlord as additional insured shall be provided to Landlord
prior to the Commencement Date Tenant shall also provide Landlord written evidence of payment
of required premiums annually during the term of the Lease Tenant shall immediately advise
Landlord of any claim or litigation that may result in liability to Landlord.
1 Cancellation of Policies of hisurance All insurance policies maintained
pursuant to this Lease shall contain the following endorsement
"At least sixty (60) days prior written notice shall be given to
Landlord by the insurer of any intention(a)not to renew,(b)to cancel
or(c) to materially alter this insurance policy. Such notice shall be
given by registered mail to the Landlord."
I Insurance Companies All insurance shall be effected under valid and
enforceable policies, insured by insurers licensed to do business by the State of Washington or
surplus line carvers on the State of Washington Insurance Commissioner's approved list of
companies qualified to do business in the State of Washington All insurance carvers and surplus
line carvers shall be rated B+ (XIW or better by A M. Best Company Alternatively and subject to
Landlord's prior written approval, which shall not be unreasonably withheld, Tenant shall be allowed
to self-insure for the amounts and types of insurance required herein
k Deductibles Any payment of deductible or self-msured retention shall be the
sole responsibility of the Tenant
1 Contractors Tenant shall require that each and every one of its contractors
and their subcontractors who perform work on the Premises carry, in full force and effect, workers'
compensation, comprehensive public liability and automobile liability insurance coverage of the type
which Tenant is required to obtain under the terms of this paragraph with appropriate lunits of
insurance
in Review of Limits Once during each calendar year during the term of this
Lease,Landlord may review the insurance coverage to be carved by Tenant. If Landlord determines
that higher limits of coverage are necessary to protect the interests of Landlord or the Additional
Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance, at its sole
cost and expense
22 Hazardous Substance Indemnification Tenant represents and warrants that its use
of the Premises herein will not generate any hazardous substance, and it will not negligently or
intentionally store or dispose on the Premises nor transport to or over the Premises any hazardous
LEASE AGREEMENT—Page 12 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenweek WA645-02) (September 202002)
substance in violation of any federal or state law Tenant further agrees to hold Landlord harmless
from and indemnify Landlord against any release of any such hazardous substance and any damage,
loss, or expense or liability resulting from such release including all attorneys' fees, costs and
penalties incurred as a result thereof except any release caused by the negligence of Landlord, its
employees or agents. Similarly, Landlord warrants that the Premises are free of any hazardous
substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or
intentional introduction of any hazardous substance by Landlord "Hazardous substance" shall be
interpreted broadly to mean any substance or material defined or designated as hazardous or toxic
waste,hazardous or toxic material,hazardous or toxic or radioactive substance,or other similar term
by any federal, state or local environmental law, regulation or rule presently in effect or promulgated
in the future, as such laws, regulations or rules may be amended from time to time, and it shall be
interpreted to include,but not be limited to, any substance which after release into the environment
will or may reasonably be anticipated to cause sickness, death or disease.
23 Holding Over Any holding over after the expiration of the term hereof, with the
consent of the Landlord, shall be construed to be a tenancy from month to month and Annual Rent
shall be paid by Tenant at two times the rents herein specified(prorated on a monthly basis) and shall
otherwise be on the terms and conditions herein specified, so far as applicable.
24 Subordination to Mortgage. Any mortgage now or subsequently placed upon any
property of which the Premises are a part shall be deemed to be prior in time and senior to the rights
of the Tenant under this Lease Tenant subordinates all of its interest in the leasehold estate created
by this Lease to the hen of any such mortgage Tenant shall, at Landlord's request, execute any
additional documents necessary to indicate this subordination
25 Acceptance of Premises With the exception of latent defects and any hazardous
substance contamination to Landlord's property, by taking possession of the Premises, Tenant
accepts the Premises in the condition existing as of the Commencement Date. Landlord makes no
representation or warranty with respect to the condition of the Premises.
26 Estoppel Certificate Tenant shall, at any time and from time to time upon not less
than thirty(30)days prior request by Landlord, deliver to Landlord a statement in writing certifying
that(a) the Lease is unmodified and in full force(or if there have been modifications,that the Lease
is in full force as modified and identify the modifications), (b) the dates to which rent and other
charges have been paid, (c) so far as the person making the certificate knows, Landlord is not in
default under any provisions of the Lease, and(d) such other matters as Landlord may reasonably
request
27 Notices All notices, requests, demands, and other communications hereunder shall
be in writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses
If to Landlord, to. Facilities Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
LEASE AGREEMENT—Page 13 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenwwk WA645-02) (September 20,2002)
With a copy to City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If to Tenant, to Cingular Wireless Lease Admimstration
6100 Atlantic Boulevard, 15`Floor
Mail Code GAN02
Norcross, GA 30071
With a copy to. Counsel—West Region
Cmgular Wireless
2521 Michelle Drive, 2 d Floor
Tustin, California 92780
With a copy to Cmgular Wireless
2445 140" Avenue, Suite 202
Bellevue, Washington 98005
Attn Property Manager WA645-02
28 Assignment and Subletting.
a Subject to the provisions of Section 6 and Section 28 d., Tenant shall not
assign tlus Lease in whole or in part, or sublet all or any part of the Premises without the Landlord's
prior written consent Consent by Landlord to any assignment or subletting shall not constitute a
waiver of the necessity of such consent to any subsequent assignment or subletting. This prohibition
against any assignment or subletting shall be construed to include a prohibition against any subletting
or assignment by operation of law If this Lease is assigned, or if the Premises or any part thereof
is sublet or occupied by anyone other than Tenant, Landlord may collect rent from the assignee,
subtenant or occupant and apply the net amount collected to the rent and other obligations of Tenant
hereunder reserved,but no such assignment, subletting, occupancy or collection shall be deemed a
waiver or release of Tenant from the further performance by Tenant of the covenants on the part of
Tenant hereunder contained
b If Tenant is a corporation,partnership,or limited liability company, and if the
control thereof changes at any time during the term of this Lease, then Landlord at its option may,
by giving ten(10)days prior written notice to Tenant, declare such change a breach of this Section
unless Landlord has previously approved in writing the new controlling party
c Any person or entity to which this Lease is assigned pursuant to the
provisions of the Bankruptcy Code, 11 USC sections 101, et seq , shall be deemed without further
act to have assumed all of the obligations of Tenant ansing under this Lease on and after the date of
such assignment Any such assignee shall upon demand execute and deliver to Landlord an
instrument confirming such assumption Any monies or other considerations payable or otherwise
to be delivered in connection with such assignment shall be paid to Landlord, shall be the exclusive
LEASE AGREEMENT—Page 14 of 16
(Landlord City of Kent, Tenant Cmgular Wireless Lake Fenw¢k WA645-02) (September 20,2002)
property of Landlord, and shall not constitute property of the Tenant or of the estate of Tenant within
the meaning of the Bankruptcy Code Any monies or other considerations constituting Landlord' s
property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the
benefit of Landlord and be promptly paid to Landlord.
d Notwithstanding anything to the contrary in this Lease,Tenant shall have the
right to assign this Lease to any of Tenant's partners or affiliates.
29 Other Leases. Nothing in this Lease shall preclude Landlord from leasing other space
for communications equipment to any person or entity which may be in competition with Tenant,
or any other party.
30. Successors and Assigns This Lease shall be binding upon and inure to the benefit
of the parties,their respective successors,personal representatives and assigns.
31. Non-Waiver Failure of Landlord to insist on strict performance of any of the
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights,but Landlord shall have the rights to enforce such rights at any time and
take such action as might be lawful or authorized hereunder, either in law or equity The receipt of
any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such
breach unless expressly set forth in writing
32 Taxes.
a. Tenant shall pay all real and personal property taxes (or payments in hen of
taxes) and assessments for the Premises that are directly the result of Tenant's communication
equipment, if any, which become due and payable during the term of this Lease All such payments
shall be made, and evidence of all such payments shall be provided to Landlord, at least ten(10)days
prior to the delinquency date of the payment Tenant shall pay all taxes on its personal property on
the Premises
b Tenant shall indemnify Landlord from any and all liability, obligation,
damages,Penalties, claims, liens, costs, charges, losses and expenses(including, without lmmtation,
reasonable fees and expenses of attorneys, expert witnesses and consultants),which may be unposed
upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's
Property on the Premises.
c If the methods of taxation in effect at the Commencement Date of the Lease
are altered so that in hen of or as a substitute for any portion of the property taxes and special
assessments now unposed on property there is imposed a tax upon or against the rentals payable by
Tenant to Landlord,Tenant shall pay those amounts in the same manner as provided for the payment
of real and personal property taxes
LEASE AGREEMENT—Page 15 of 16
(Landlord City of Ken; Tenant Cmgular Wireless Lake Fenwrak WA645-02) (September 20,2002)
33 Miscellaneous.
a Landlord and Tenant represent that each, respectively,has full right, power,
and authority to execute this Lease
b This Lease constitutes the entire agreement and understanding of the parties
and supersedes all offers, negotiations, and other agreements of any kind. There are no
representations or understandings of any kind not set forth herein. Any modification of or
amendment to this Lease must be in writing and executed by both parties
C. This Lease shall be construed in accordance with the laws of the State of
Washington. Venue and jurisdiction of any lawsuit ansmg out of the performance or obligations of
this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent,
Washington
d If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect
THIS LEASE IS EXECUTED and shall become effective on the last date indicated below
LANDLORD TENANT
CITY OF KENT CINGULAR WIRELESS
a
0
By By
Pnnt N e Print Na o C/-4& OD
Its Its• YPAT7i-6 I)e—uid tf br4ec7-6jL_
DATE DATE
ATTE T
r
BRENDA JACOBER, C(TYCLERK
APPROVED AS TO^FORM
Print Name !� t m R �t r E�
City of Kent Legal Department
P\GvdMLES\OpenFilub105-200RC.,W W.I.Le.s 092002 d.c
LEASE AGREEMENT-Page 16 of 16
(Landlord Cary of Kent, Tenant Cmgular Wireless Lake Fenwlck WA645-01) (September 20,2002)
SITE NUMBER SITE NAME
LANDLORD-REPRESENTATIVE CAPACITY:
STATE OF WASHINGTON )
) SS
COUNTY OF )
I certify that I know or have satisfactory evidence tha is the person who appeared
before me,and said person acknowledged that said person signed this I ent, on oath stated that said person
g2s authonze t x to the instrument and acknowled ed rt as the of
,to be the free and voluntary act of such party for a uses and purposes mentioned in the
ins en p
DATED
Wa4W Sea]
«.. . .�o
pVBIIC (Si of Notary)
��:,1�`r lb NICE
Q` • . � (Legibly Print or Stamp Name of Notary)
•• CF ly p 5��d Notary Public in and for the State of Washingt
My appointment expires /�— /9—O�
CINGULAR'S ACKNOWLEDGMENT-
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that E.Don MacLeod is the person who appeared
before me, and Said person acknowledged that said person signed tlus instrument, on oath stated that said person
was authorized to execute the instrument and acknowledged it as the Director of Cingular Wireless, to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument
DATED �i Z G 0 Z
Notary Seal
(Signature of Notary)
��m<t A) A&41� -*//D
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Washington
�uyMf
My appointment expires ��L 2, 2 a d_S
WAL.s F.03/GIM - 7- SEADOCS 114143 1
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
That portion of the East half of the Northeast quarter of the Northwest quarter,
Section 27, Township 22 North, Range 4 East, W M , records of King County,
Washington, lying southerly of J L Reith Road
EXCEPT Roads
Situated in the County of King, State of Washington.
LEASE AGREEMENT—Extubit"A"
(Landlord City of Kent, Tenant Cingular Wireless Lake Fenwwk WA645-02)
EXHIBIT B
LEGAL DESCRIPTION OF PREMISES
The East half of the Northeast quarter of the Northwest quarter of Section 27, Township
22 North, Range 4 East, W.M, records of King County, Washington.
Except Roads
Situate in the County of King, State of Washington.
Per title report order number N41920S issued by Fidelity National Title Company of
Washington.
Lease area more particularly described as follows:
Convncneing at a found 2"brass disk with punch in concrete in case, down 0.3'at the
intersection of42nd Avenue South with Rcith Road;
Thence along a line between said found 2"brass disk and a found 1/8" brass pin in
concrete in case,down 0.7 feet at the intersection of42nd Avenue South with South
260th Street, which lies SOUTH 04°14'S4"EAST a distance of470 54 feet from said
found 2" brass disk, SOUTH 04*14'54" EAST a distance of 83.07 feet;
Thence SOUTH 85°45'06" WEST a distance of 60 40 feet to the True Point of
Beginning;
-Ibence from said True Point ofBcginning SOUTH 18°57'57" WEST a distance of 15.00
feet;
Thence NORTH 71°20'03" WEST a distance of 20.00 feet;
Thence NORTH 1805757"EAST a distance of 15 00 feet;
Thence SOUTH 71°02'03"EAST a distance of20.00 feet to the True Point of Beginning
and the end of this description.
Containing 300 square feet,more or less.
Bearings referenced to Washington State Coordinate system North zone NAD 83/91.
LEASE AGREEMENT—b)chdnt"B"
(Landlord- Cisygf oar -Tsn I anpalae Wireless lake henwkWA&S-01J
MMIT C
LEGAL DESCRIPTION OF ACCESS EASEMENT
A Non-exclusive Easement, appurtenant to that certain lease arcs, for access (ingess and
egress) purposes in, on, over, through, under, and across that portion of the following
described properly:
The East half of the Northeast quarter of the Northwest quarter of Section 27, Township
22 North, Range 4 East,W.M.,records of King County,Washington.
Except Roads
Situate in the County of King, State of Washington.
Per title report order number N418208 issued by Fidchty National Title Company of
Washington.
Eoseinent being a 20 foot strip of land lying 10 feel on each side of the following
described centerlinc:
Commencing at a found 2" brass disk with punch in concrete in case, down 0.3'at the
intersection of 42nd Avenue South with Reith Road;
Thence along a line between said found 2" brass disk and a found I/8" brass pin in
concrete in case, down 0.7 feet at the intersection of 42nd Avenue South with South
260th Street,which lies SOUTH 04914154H EAST a distance of 470.54 feet from said
found 2" brass disk, SOUTH 04a14'54"EAST a distance of 53.07 feet;
Thence SOUTH 85a45'06"WEST a distance of 60 40 feet to the Northeast corner of said
lease area;
Thence along the North line thereof NORTH 71 a02'03"WEST a distance of 10.00 feet to
the True Point of Beginning;
Thcnee from said True Point of Beginning NORTH 18'57'57"EAST a distance of 35 28
feet,inore or less, to the South margin of Reilh Road and the end of this description.
Bearings referenced to Washington State Coordinate System North Zone NAD 83/91.
LEASE AGREEMENT-FANL"C"
(Landlord CnyofK'enr ,Tenant. Cingular Krclp,Lakei,co.ck WACI$02)
EXHIBIT D
SCOPE OF WORK TO BE COMPLETED BY CINGULAR
SEE ATTACHED
r re Sr,AGREENMI T—Lxfubit"D"
(Landlord. Ciyof6ant,renanr Cfngular Mretect LukcFenwtck WA61S-04
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OCT 9 2002 5 11PM NO, 3851 (' 2
ACDRD,r CERTIFICATE OF LIABILITY INSURANCE 12/01/2002 `10/09/2002
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LOCKTON INSAGENCY OF DALLAS.INC ONLY AND CONFERS NO RIGHTS UPON THE CER71FICATE
717 N HARWOOD,LE#27 HOLDER,THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DALLAS TX 75201 ,AGE
214.95M700 INSURERS AFFORDING COVERAGE
1INSURED CIn ularWlr6ess,LLC INSURER ,E
024I ut
024339 Corwazy
$565I34irAge Coonectof,Sude 180C IN a Nation4f T8,mn FITP I sijra 1 a c�o
Atlanta GA 30342
NnURFAN
COVERAGES GO
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANOING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGRE •ATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS,
INSR TYPE OF INSURANCE POUCYINUMBER POI Y EfFECT YE POL'CY TION LIMITS
GENERAL LASHU Y EAC RENCS 1 000,000
A X COMMERCVLGENEFALLIASILITY K00020296720 12/01/2001 12/0112002 FW DAMAGE An encoreS. X XXXXX
CLAWSMAOe a OCCUR s Excluded I
PEMOIS ACV NLURY IS l D00000
GE PAL AG REO * 10,000.000
GEN LAGGREGATE LIMIT APPLIES PER PRpDI.CT COMPIOP 1000000
PCLJCIP
AIrTOMOSUE LIABILITY COMBINED SINGLE LIMn
A X ANY AUTO ISAH06002757 ALL STATES 12/Ol/2001 12J01/2002 (Esam1wil $ 2,W0,000
ALL OWNEO ALTOS
BODILY INJURY S XXXXXXX
SCHEDULED AUTOS f Ind a60^)
HIREDAUT09
BODILYwn1RY S XXXXXXX
NON OWNED AUTOS (Per atgtlen0
PROPERTY DAMAGE S XXXXXX7(
(Per irtleenp
ARAGE L1AIMLITY AUTO ONLY•EA ACCIDENt XXXXXXX
ANYAUTO NOT APPLICABLE OTHFRTHAN IA2 I, XXXXXXX
AIfi00NLY XXXXXXX
ExCESS LIABILITY EACH OCCURKNCE S 9 OOO 000
B OCCUR ❑CLAIMS MADE BE1391250 12/01/2001 12/01/2002 AGGREGATE 5 000 000
❑uYeRELLA XXXXXXX j
DEDUCTIBLE FOWA XXXXXXX l
RETENTION S XXXXXXX
A L'IORKERS COMPENSATION AND WLRC43141491 AOS IVo112001 12/01/2002 X LVC9TAht oT,+
A EMPLOYERS'J1ASILrTY SCFC43141454 Wl 12/01/2001 12/01/2002 kJ. FACHAccIDENT ! 000000
E DI PLOYE 1 000.000
E L OI SEASE•POLICY LIMIT I S 1,000,000
OTHER I!
DESCRIPTION OF OPERATIONS/LOCOTIONSNENICLEMCLUSMN5 ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
$ock WA645-2 Equipment lobe located on City of Kent property wllh antennas attached to a PSE utlltty pole Location.APNO 2722049005,ne Sueet
address City orKent Park,Kent.WA 98032
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1380454 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAHCI LLFD BEFORE THE EXPIRATION
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Attn Shane Gbert50n NOTICE TO THE CERTIPICATE HDLOER NAMED TO THE LEFT,BUT FAILURE TO DO 50514A.1
220 4th Avenue SOLth
Kent WA 93032S895 IMPOSE NO OBLIGATION OR LIABI.ITY OF ANY KIND UPON THE INSURER ITS AGENTS 0,,
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Simmons, Mary
From: Ely, Mariane
Sent: Thursday, July 02, 2009 9 21 AM
To: Simmons, Mary
Subject: FW Leasehold Tax Centrally Assessed
Hi Mary, here's the DOR confirmation for centrally assessed Leasehold Tax accounts.
Please scan/attach to the following leases:
Verizon Wireless (VAW), LLC:
Centennial Bldg, 400 W. Gowe
T-Mobile USA, Inc.:
Centennial Bldg, 400 W. Gowe
Wilson Playfield, 13028 S.E. 251st St.
Pump Station #5, 23825 98th Ave. S.
Riverbend Driving Range, 2020 W. Meeker
Cingular Wireless:
West Fenwick Park, 3824 Reith Road
Pending confirmation:
Sprint Spectrum (prev. Qwest Wireless/US West Wireless) - Blue Boy lease.
Thanks Mary,
Mariane x5233
-----Original Message-----
From: Valdez, Keith (DOR) (mailto:KeithV@DOR.WA.GOV]
Sent: Tuesday, June 30, 2009 9:20 AM
To: Ely, Mariane
Subject: RE: Leasehold Tax Centrally Assessed
Hi Mariane,
Verizon Wireless, T-Mobile USA & Cingular Wireless are centrally assessed. Qwest Wireless LLC is
not and would be subject to Leasehold Excise Tax if they are leasing public property.
Requests to verify if a company is centrally assessed should be sent directly to me or Jeff
Nelson, jeffN(@dor.wa.gov.
Thank you,
Keith Valdez
Special Programs Division
Washington State Department of Revenue
(360) 570-3251
-----Original Message-----
i
From: Ely, Mariane [mailto:MEly@ci.kent.wa.us]
Sent: Monday, June 29, 2009 1:01 PM
To: Valdez, Keith (DOR)
Subject: Leasehold Tax Centrally Assessed
Hi Keith, we are completing our files and would like an email confirmation that the following
companies are centrally assessed for Leasehold Excise Taxes:
Qwest Wireless LLC (formerly US West Wireless LLC)
Verizon Wireless (VAW) LLC dba Verizon Wireless
T-Mobile USA, Inc. (T-Mobile West Corp.)
Cingular Wireless LLC (on behalf of Pacific Bell Wireless NW LLC dba Cingular Wireless)
Please send via email reply. Also, if there is a link to your website that shows the companies
that are centrally assessed or a master listing that you can send me, that would be great.
Thanks Keith,
Mariane Ely
AR/LID Financial Analyst
City of Kent Finance Dept.
Ph# 253-856-5233
Fax# 253-856-6200
mely@ci.kent.wa.us
2
5632
�C
v_� AT&T Network Real Estate Administration
575 Morosgo Drive
----' Suite 13-F West Tower
Atlanta,GA 30324
06/14/2013
CITY OF KENT-WA>9M
220 FOURTH AVE SOUTH,ATTN FACILITIES SUPERINTENDENT
KENT,WA 98032
Re: NOTICE OF NEW LEGAL NOTICE ADDRESS
10032274 Pole 313825-164122
Dear CITY OF KENT-WA>9M.
Our Wireless Network Real Estate Administration department is moving its office Effective Immediately,all legal notices relating
to the cell site lease referenced above should be seat to AT&T with a copy(as referenced above)of that letter sent to AT&T's
Legal Department Any other correspondence should be sent to only AT&T Network Real Estate
By U S Postal Service or Overnight Courier
AT&T Network Real Estate Administration
Re 10032274
Suite 13-F West Tower
575 Morosgo Drive NE
Atlanta,GA 30324
With a copy to:
By US Postal Service
New Cingular Wireless PCS, LLC
Attn AT&T Legal Department
Fixed Asset# 10032274,Cell Site Name WA645 (SC1838),WA
208 S Akard Street
Dallas,TX 75202-4206
KEEP THIS LETTER WITH YOUR LEASE AGREEMENT AND OTHER IMPORTANT LEGAL DOCUMENTS
If tax bills are being mailed directly to AT&T from the Taxing Authority,please notify your local taxing authority of our new U.S.
Postal Service address to avoid possible tax liens or risk of property loss
We look forward to a continued successful relationship witn you,to receive more details regarding this move notification you
can contact us at G22140@att com
In addition to our move,we need you to spread the word-AT&T is going green) It is easy to make the change from receiving
paper checks and take advantage of the timesaving payment method of direct deposit Send your request to make the change
tovenmtce@att com with your supplier name and number,Bank Name, Bank Routing Number(must be a 9-digit number),Bank
Account Number(include leading zeros),and email address for the recipient of remittance information
If you need your supplier number, please contact us at 1-866-921-6959,option 2,and then option 2 again
For AT&T,
G s,s 4
Linda Butler
Director of Network Real Estate Administration