HomeMy WebLinkAboutPK04-352 - Amendment - Qwest Wireless, LLC - 2440 Russell Rd Park Lease - 09/28/2004 ecords M emei%
KENT Document
WASKINOTOM
it
CONTRACT COVER SHEET
This is to be completed b the Contract Manager prior to submission to C Clerks Office. All
P Y g P ffY
portions are to be completed, If you have questions, please contact City Clerks Office.
Vendor Name: D��t .� Vendor Number.
.e�.¢.,G'•x�t,¢��,� ���Q JC��wards er r
Contract Number. P Opt
This is assigned by Deputy City Clerk
Description:
Detail:
Project Name:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manage _ Department
r 4
Abstract
I
S•PubGc\RecordsManagement\Forms\ControciCover\ADCL7832 07/02
awest Wireless,L.L.C.
1801 Callfomla Street,49?Floor
Deriver,Colorado 80202 "
Qwesv '
Spirit of Service
September 1,2004 V,
City of Kent 0
220 4th Ave S
Kent,WA 98032
Re: Lease Agreement,as amended(the "Agreement")
Agreement Date: 11/1/2000
Site EN SEA295
Lease/Agreement ID#WARW0738A
Site Address. 2440 Russell Rd Park, Kent,WA 98032 ("Property")
Dear Landlord/Licensor:
As you may know,Qwest Wireless,L.L.C. ("Qwest Wireless")recently entered into an
agreement to sell substantially all its wireless assets to Cellco Partnership d/b/a Verizon Wireless
("Verizon Wireless"). Upon the closing of the transactions contemplated by the agreement,Verizon
Wireless will own the transferred assets and Qwest Wireless will cease to operate its cellular telephone
network. The transaction is expected to close in late 2004 or early 2005.
In connection with this transaction,Qwest Wireless intends to assign your Lease/Agreement to
Verizon Wireless or to an affiliate of Verizon Wireless ("Verizon Wireless Company"). Qwest Wireless
will also be assigning its FCC license for the market in which the Property is located to the Verizon
Wireless Company. The Verizon Wireless Company will assume all of Qwest Wireless' responsibilities
and liabilities under the Agreement,including the obligation to pay rent in accordance with the terms of
the Agreement,to the extent arising after and attributable to periods after the effective date of the
assignment. Verizon Wireless has advised us that it expects the assignee to be an affiliate named Venzon
Wireless(VAW)LLC.
Under the terms of the Agreement,your written consent is required to complete this assignment.
Once you have provided your consent, the assignment will become effective upon the closing of the
transaction with Verizon Wireless. Written confirmation will be sent to you following the completion of
the assignment.
We, therefore,respectfully request that you sign the attached Landlord's Consent and return this
original document to me before September 21,2004. Verizon Wireless has approved the attached
landlord consent. Please keep the enclosed copy of this consent for your records. For your convenience,
we have enclosed a self addressed,stamped envelope in which you may return your signed consent.
Thank you in advance for your prompt attention to this request. If you have questions or require
additional information,please contact Heather Wright at(206)345-2540.
Suice ly
Ben one
Senior Attorney
CONSENT TU ASSIGNMENT OF AGREEMENT
Re: Lease Agreement,a&ames"(the"Agreement], attached as Exhibit 1 and
Agreement Date: 11/1/2000 incorporated herein.
Site ID#SEA295
Lease/Agreement ID#WARW0738A
Site Address: 2440 Russell Rd Park, Kent,WA 98032("Property")
The undersigned Landlord/Licensor/Landowner hereby consents to the assignment of the Agreement
by Qwest Wireless, L.L.C. to Cellco Partnership d/b/a Verizon Wireless or to one of its affiliates,
including Verizon Wireless (VAW) LLC, in accordance with the letter from Qwest Wireless, L.L.C. to
the Landlord/Licensor/Landowner dated September 1,2004.
Date: ,2004
City of Kent
By:
(st
Name: fic"t p
(Printed]Name) _
r Title:
By:
Name:
(Printed Name)
Title:
EXHIBIT 1
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into by and between the CITY OF KENT,
Washington municipal corporation("Landlord") and Qwest Wireless, L.L.C., a Delaware limited
liability company,with its principal office located at 1999 Broadway,Tenth Floor,Denver,Colorado
80202 ("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 Exhibit B,together
with a nonexclusive access easement, which is legally described on the attached Exhibit C, from
Landlord and to construct on the Premises a cell tower for use in connection with its communications
business.
C. Accordingly,the parties are entering into this Lease on the terms and conditions set
forth below.
A erg_ement
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. Landlordleases 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 ExhibitC(the"Ac d cTlt" The Land acid 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 November 1,2000(the
"Commencement Date!%and end on October 31,2005. Additionally,Tenant shall have the option
to renew this lease for three(3)additional five(5)year periods subject to those terms and conditions
as are mutually agreed to between the parties. Should Tenant exercise any option to renew this lease,
that option must be exercised—and all conditions of renewal agreed to between the parties--at least
ninety(90) calendar days before the end of the term then in effect.
LEASE AGREEMENT- 1
aandWd City of Kent, ra nt QWEST Wtreka LLQ (October A,2000)
3. Rent.
a. Tenant agrees to pay Landlord as Monthly Rent,without notice or demand,
the sum of ONE THOUSAND TWO HUNDRED FIFTY AND NO1100 DOLLARS ($1,250.00),
plus leasehold tax at a rate established by the State of Washington,currently 12.84%,commencing
on-7W 1 ,2000. The Monthly Rent shall be paid in advance,on or before the first day of the first
full calendar month of the term hereof and a like sum on or before the first date of each and every
successive calendar month thereafter during the term hereof.
b. Tenant shall pay Landlord a late payment charge equal to five percent(5%)
of the late payment 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 antenna 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 Base Rent.
d. Tenant shall also allow Landlord access to its own communication towers, as
provided for in Section 6, as"Usage Rent."
e. The Base Rent shall be increased annually effective as of each anniversary of
the Commencement Date by an amount equal to the greater of five percent(5%)or the percentage
increase in the CPI over the CPI for the month 12 months prior to the adjustment date. "CPI"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.
f. If this Lease is terminated at a time other than on the last day of the month,
Rent shall be prorated as of the date of termination and,in the event of termination for any reason
other than nonpayment of Rent,all prepaid Rents shall be refunded to the Tenant.
g. Base 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.
4. Use of Premises.
a. Tenant shall use the Premises for the construction and operation of a
communications cell tower and for no other purpose. Tenant may erect a cell tower for use in
connection with its communications business.
LEASE AGREEMENT-2
(Landlord: City of Kest,•Tenant.• QWEST KnAta,LLC) (October 30,2000)
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 a communications
cell tower and ancillary support facilities and structures (collectively, "Tower") on the Premises.
Tenant is required, as part of this agreement, 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.
(2) All,improvements shall be constructed in a workmanlike manner
without the attachment of any Ileiis th-IM 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 the Tower 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 shall remain the property of Tenant and Tenant shall,
at Landlord's request,remove the Antennae upon termination of the Lease. However,the pole and
other improvements listed in Exhibit D shall remain the property of the Landlord. Such removal
shall be done in a workmanlike and careful manner and without interference or damage to any other
LEASE AGREEMENT-3
(Landlord City ofKem.•Tenant: QWES7 li'kd=,LLQ (October 30,2000)
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 transfer 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 and trade fixtures),shall become the property of Landlord upon termination of
equipment
the Lease, exceptthat Landlord may,b written notice to Tenant,require Tenant to remove all such
Y Y
improvements upon termination of the Lease. Any personal property, equipment or other
improvements which are not removed prior to the 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 4.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, and in an amount reasonably deemed
necessary by Landlord,to assure that the funds will be available at the termination of the Lease for
removal of the Tower.
6. Use by Other Providers.
a. Tenant shall design and construct the Tower to accommodate 1 (one)other
telecommunication 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 also design
and construct all ancillary support facilities, including any support buildings, so that 1 (one)Other
Providers will have ad-adegdke boo bf 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 Tower and in the ancillary support
facilities.
C. Each new Other Provider shall be solely responsible for the cost of locating
and placing their equipment onto the tower and into the ancillary support facilities, including any
support buildings. The Other Providers shall also be responsible for any liabilities that arise from
the Other Provider's use of the Tower.
d. Within three days after receipt, Tenant shall notify Landlord in writing of all
sublease or assignment requests or proposals which Tenant receives for use of the Tower. Tenant
shall also immediately provide Landlord with any information relating to an actual or prepared lease
LEASE AGREEMENT-4
(Landlord: city gjKen4 Tema QWEST NbWm.LLQ (October 30,2000)
to an Other Provider that Landlord.requests. Failure to comply with this provision shall place Tenant
in default and give Landlord the option of exercising any of the rights described in paragraph 15.
e. Landlord may elect at any time to place one antenna or antenna facility on the
Tower otherwise available for use by an Other Provider,such usage(and that in paragraph f below)
collectively referred to as"Usage Rent." If Landlord so elects, such use shall be without charge to
Landlord. Tenant shall cooperate with Landlord in connection with Landlord's locating and placing
their antennas and other facilities on the Tower and into the ancillary support facilities.
f Landlord may obtain an interference study indicating whether Tenant's use
of the Tower will interfere with Landlord's proposed use of the Tower. In the event that such a study
indicates that Tenant's use will potentially interfere with Landlord's proposed use of the Tower,
Landlord may require Tenant, at Landlord's expense(as appropriate), to relocate Tenant's antenna
on the Tower structure and any other equipment so as to minimize the interference, to the extent
Landlord deems necessary.
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 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 maybe contemplated under any provisions of this Lease.
8. Maintenance. 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. 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 AM& lie interpreted as a waiver of any claim Tenant may raise eitner
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.
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.
LEASE AGREEMENT-5
(Landlord: City of Kew,Tenant QWBSr Wooka,LLQ (October so,2000)
12. Approvals: Compliance with Laws.Tenant's use of the Premises is contingent upon
obtaining all certificates,permits, and other approvals that may be required b an federal
its o g es,P $��& aPP Y �1 Y Y
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. Tenant's installation, operation, and maintenance of its transmission
facilities shall not damage or interfere in any way with Landlord's activities or with such activities
on the Premises. Tenant agrees to correct,within fifteen(15)calendar days,all such actions which
materially interfere with Landlord's use of the Premises immediately upon actual notice of such
interference,provided however, in such case, Tenant shall have the right to terminate the Lease.
Landlord, at all times during this Lease,reserves the right to take any action it deems necessary,in
its sole discretion,to repair,maintain,alter or improve the Premises in connection with its operations
as may be necessary.
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 Premises.
In the event any other party requests a lease and/or permission to place any type of additional
antennae or transmission 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 reagdhable jndglneKii quateIy 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 regardless of potential
or actual interference with Tenant's use, provided however, if Tenant's use of the Premises is
materially affected, Tenant may terminate the Lease.
14. Default and Landlord's 1<temedies. It shall be a default if Tenant defaults in the
payment or provision of Rent or any other sums to Landlord when due, and does not cure such
default within fifteen (15) calendar days; or if Tenant 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 Landlord specifying the default complained of; or if Tenant abandons
or vacates the Premises; or if Tenant fails, at any time during this lease(including optional renewal
periods),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
LEASE AGREEMENT-6
axndvrd.• City ofxa u•rem ard: QwLsr WvWw.LLQ (October 30,2000)
facilities contemplated in this lease;or if Tenant is adjudicated as banlaupt or makes any assignment
for the benefit of creditors; or if Tenant becomes insolvent.
In the event of an instance of default as identified in this Section 16, 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 eject 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; and
(2) Landlord's direct costs associated with Tenant's default; and (3) Liquidated Damages in the
amount of twelve(12)months rent.
In the event of any claim,suit,or other action brought by Landlord 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, and if the
Landlord is the prevailing party in any such claim,the Tenant shall pay to the Landlord all expenses
incurred therefor,including reasonable attorney fees.
15. Cure byLandlord 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 Agreement,the sums so paid by Landlord,with all interest,costs and damages shall be deemed
to be Additional Rental and shall be due from the Tenant to Landlord on the first day of the month
following the incurring of the respective expenses.
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
Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord decides, in its sole
discretion and-fcir any ie-asoti;Wdii�use of the Pr-rernises; (c) by Landlord If it determincs
in its sole discretion that continued use of the Premises by Tenant is in fact a threat to health,safety
or welfare or violates applicable laws or ordinances; (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; or(f)by Tenant if it no longer requires use of the site.
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 thirty(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 agreement, if any such property or facilities are not removed 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.
LEASE AGREEMENT-7
(Landlord. City O)WM•Tamnt: QWBST Wiro M.LLC) (October 30,2000)
18. Termination:Notice. Notice of Tenant's termination pursuant to paragraph 17 shall
be given to Landlord in writing at least thirty calendar days prior to the termination date(with the
sole exception of subsection 17 (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 economic loss resulting from Tenant's termination.
19. Damage or Destruction. If the Tower or any portion of the Tower is destroyed or
damaged so as to materially hinder effective use of the Tower through no fault or negligence of
Tenant, Tenant may elect to terminate this Lease upon thirty(30) calendar days'written notice to
Landlord. In such event,Tenant shall promptly remove the Tower 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 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 Owned Premises are taken by eminent domain,this
Lease shall terminate as of the date title to the Owned 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 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 Liability Landlord shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever arising out of Tenant's
negligent construction,maintenance,repair,use,operation,condition or dismantling of the Premises
or Tenant's Antennae Facilities.
b. Indemnification: 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 limitation,reasonable fees and expenses of
LEASE AGREEMENT-8
(Landlord city ojxeW Tmat: QWEsr ftWeu,rlQ (October 30,2000)
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 arise out of or be in any way connected with the construction, installation, operation,
maintenance,use or condition of the Premises or Tenant's Antennae Facilities or the 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 imposed upon, incurred by or asserted
against the Indemnitees by reason of any claim or lien arising 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 Premises or Tenant's Antennae Facilities, and,
upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's
property to be discharged or bonded within thirty(30)days following such request.
C. AsLw—M ion 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 Owned 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 Indemnitees 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 wFudli they are itidemnifiddher�ufad`et without the prior written consent of t enant.- -
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 paragraph. 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.
LEASE AGREEMENT-9
(Landlord: City ofKent,•Tenant. QWEST ftdw,LGC) (October 30,1000)
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 minimum 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
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 minimum 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
DOIIBrs($4,OW,000.00)per O—c ence AW in ffd aggregafe.
(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 maybe met by a combination
of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
LEASE AGREEMENT- 10
(Landlord: City ofKeu:Tmaw QWEST Wirrl=LLQ (Ocu6er 30,2000)
g. NamedInLsureds: 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:
"In the event of a claim being made hereunder by one insured for which another
insured is or may be liable,then this 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 paragraph,together with
a copy of the endorsement listing the City as additional insured. Tenant shall also provide written
evidence of payment of required premiums shall be filed and maintained with Landlord annually
during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation
that may result in liability to Landlord.
i. Cancellation of Policies of Insurance: 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 to be given
by registered mail to the parties named in this paragraph of the
Lease."
j. 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 carriers on the State of Washington Insurance Commissioner's approved list of
_ companies qualified to-66 l usiii iifthd State=of Waisbingtdii. All insurance carvers anti surplus-
line carriers shall be rated B+(XIIl)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-insured 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 limits of
insurance.
LEASE AGREEMENT- 11
2mrd1ard. Cie,of ad rwaet. QWEST Wkakw,LLO (Odtober 30,2000)
in. Review of Limits: Once during each calendar year during the term of this
Lease,Landlord may review the insurance coverage to be carried 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
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, ore expense liability resulting from such release including all attorneys' fees, costs and
xp or ty
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.
II
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 at two times the
rents herein specified(prorated on a monthly basis)and shall otherwise be for the term and on the
conditions herein specified, so far as applicable.
24. Subordination to Mortge. 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 Loase-to-the Eton--of i y TeiiaifFsliM--at Landlord's request,cxecute-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.
ep ty pee
26. Estoppel Certificate. Tenant shall,at any time and from time to time upon not less
than ten(10) 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.
LEASE AGREEMENT- 12
(Landlord.• Cuy ofX014 TwoM QWEST WkWas,LLQ (Ocwba 30,1000)
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
With a copy to: City Clerk
City of Kent
220 Fourth Avenue South
Kent,WA 98032
If to Tenant,to: Qwest
Real Estate Services
8200 East Bellevue, Suite 500
Greenwood Village,CO 80111
Attn: PSL Manager/Wireless
With a copy to: Qwest Wireless, L.L.C.
450 Ile Ave NE,Room 219A
Bellevue,WA 98004
Attn: Regional Real Estate Manager
28. Assignment and Subletting. Subject to the provisions of paragraph 6,Tenant shall not
assign this 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 ariy-sgig�rerr o sum l W'bbnstruedbi 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.
If Tenant is a corporation or partnership,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 paragraph unless Landlord has previously approved
the new controlling party.
LEASE AGREEMENT-13
(Landlord. City ofKad, Tenant: QWFST WYdax LLC) (oc"ff 30,2000)
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 arising 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 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.
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 Agreement 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 Agreement 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 lieu 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
-piiorhtlib=delinquency o-Mepapiueiit.-'1 enant siia3i payall taxes-on its personal Vmperty 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 limitation,
reasonable fees and expenses of attorneys,expert witnesses and consultants),which may be imposed
upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on the
Premises.
C. If the methods of taxation in effect at the Commencement Date of the Lease
are altered so that in lieu of or as a substitute for any portion of the property taxes and special
assessments now imposed 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-14
(Landlord.• City ofKenp Terwnt: QWF.S7 W&Ww.LLQ (October 30,2000)
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 land 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 arising 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 O Qwest Wireless, L.L.C.
a Delaware limited liability company
By By: ,� a
Jim White,AUyar/ Print Name/'W@: cleat ww0
DATE: t 117160 Gad DATE:
- - ork Op
ATTEST - -
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
Print Name:
City of Kent Legal Department
e as
LEASE AGREEMENT- 15
(Landlord: Cuy ofKe* Tenant: QWEST Wireless,LLC) (0dober 30.2000)
For Washington Only
STATE OF COLORADO }
COUNTY OF )SS.
e— )
I certify that I know or have satisfactory evidence that 8P^ A6RZG1GWSk I is the person
who appeared before me,and said person acknowledged that(he/she)signed thig instrument and
acknowledged it to be(his/her)free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: l( DO
I (Sign
(SEAL GER q
N
y r (Title) ./
2t2W4 My appointment expires: 3 y2 6
�CaL
STATE OF WASHINGTON )
1� )ss.
COUNTY OF
I certify that I know or have satisfactory evidence that C kO-4e s (,c kie&e is the person
who appeared before me, and said person acknowledged that(he/she)signed this instrume t and
acknowledged it to be(his/her)free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(Signature)
(SEAL or Stamp)
�()t4g) � a Y�l C.
* (Title)
ra 1 'r.. My appointment expires:
h r� �tRY ♦r
PVC~
r+r
F, �
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
LEGAL DESCRIPTION
SITE PARCEL NO.: 232204-9048
SITE NAME: RUSSELL ROAD PARK
LEGAL DESCRIPTION:
PER TITLE COMMITMENT PROVIDED BY FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
ORDER NUMBER N317029 BATED APRIL 6 2000.
THAT PORTION OF SECTION 23, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., RECORDS OF
KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 2001.9 FEET WEST OF THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 22
NORTH, RANGE 4 EAST. W.M.;
THENCE WEST 1517.36 FEET;
THENCE SOUTH 9 58' EAST ALONG THE COUNTY ROAD 247.11 FEET;
THENCE SOUTH 20'35' EAST ALONG THE EAST LINE OF THE COUNTY ROAD 1154.7 FEET;
THENCE EAST TO A POINT WHICH POINT IS 500 FEES WEST OF A LINE DRAWN SOUTH
FROM THE POINT OF BEGINNING;
THENCE NORTH 224 FEET;
THENCE EAST 500 FEET;
THENCE NORTH TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
I
III
LEASE AGREEMENT—Exhibit"A"
(Landlord CNyoJK w recant QWESr;rvekss,LLQ (Oelober 30.2000)
DOSTRHI SOUTH 3W R/W TO EAST
JLl
33' R/W DEDICATION TO WEST
pp MON N. LINE SEC 23-22-4 S88 TONE SEC. COW
233 _l.T7RJW OF * 2401H ST.
62.0' ��6 �NFfNCE 0.4 N OF LINE
33'R pEWCA1KR1 FENCE ON LINE1 N8839'tS'W 44417
I PROPOSED LOT 8 I
1fAN 94D0. WASH BIDCSs 155.9D3 SF 3.59 AC I
f8356 538 SF POINT'A'
CAS 9LDC. 83 SF C69,0 5F EASEMENT FOR
OAS BLDO 31 Sr -f INCRESS/EGRESS
felt MAIN NANCE
1'1T I OF STORM DRAINAGE
CARAI FACILITIES I
GARAGE
71150 SF 8"2 SF 50' EASEMENT —J —————— -—
40' R/th FOR INGREES/EGRESS POINT'B'
RUSSELL RD. PROPOSED 30'
EASEMENT FOR
WGRESS/EGRESS
LOT A '
1.5K4.1 SF 35.99 AC COVERED PICIAC AREA 593 SF
m CONCRETE FLOOR. WOOD ROOF
REST ROOMS
arc f�µLee 403 SF WITH
r 31 SF 4' OVERHANG
l CONC PATIO REST ROOMS 399 SF
AN ' W/ROOF 900 SF WITH 4' OVERHANG z
BRICK REST ROOMSPLYWOOO
247 SF SNACK BAR 51 SF
0 9Loo.felt SMALL FM OD A BM 500.00'
N A rood C rv—ENF&As�okt(y
224 W gf EXISTING40 '� .'
41OLOLDTANK 0.9 1Y4 SF
�t � WALL
1 �S 1
N 59115'19�W S93.B2� owl
3OQ32! N 59T Wlr W 1055.03'
29.2'
CONC. 'a 0"52.5
4026 SF
GRAPHIC SCALE
( IN Fm
fiNO IL
/� JvPLANNIA 009JUMM
an OF
P. Joe 7AMWED
H Y toad
e qq2 alml;ag
laat�2a .
1
r .—surveying
i PACIFY.AxEL gaoo33 IN VAX
{ti9 945—6�86
PACE 1 OF'4
r
.LEGAL DESCRIPTIONS:
EXL`F]1NQ LOT A•( PER PACIFIC NORTHWEST TITTLE CO. ORDER Al 352230 DATED MAY 24, 1999)
THAT PORTION OF SECTION 23, TOWNSHIP 22 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
OEM" 2,001.9 FEET WEST OF THE NORTHEAST CORNER OF SECTION 23. TOWNSHP 22 NORTH.
RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTO N;
THENCE NEST 1,517.3E FEET;
THENCE SOUTH 9.58' EAST ALONG THE COUNTY ROAD. 247.11 FEET.
THENCE SOUTH 2035' EAST ALONG THE EA--T LINE OF THE COUNTY ROAD. 1,154.7 FEET;
THENCE EAST TO A POINT WHICH POINT IS 00 FEET NEST OF A LINE DRAWN SOUTH FROM THE
POINT OF BEGON"
THENCE NORTH 224 FEET:
THENCE EAST 500 FEET
THENCE NORTH TO THE POINT OF BEGINNING.
( PER PACIFIC NORTHWI ST TITLE CO. ORDER 0 397453 DATED JAW 24, 2000)
STARTING AT A POINT ON THE NORTH LINE OF SECTION 23. TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M., N KING COUNTY, WASHNGTON, WINCH IS 2001.9 FEET WEST OF THE NORTHEAST CORNER OF
SAID SEC11ON 23. AT WHICH POINT IS LAID A CONCRETE MONUMENT;
THENCE SOUTH AMC THE EAST BOUNDARY Of FRANCES STEWART CRAWFORD. FORMERLY FRANCES
STEWART, 1359.7 FEET 10 A CONCRETE MONUMENT AND THE TRUE POINT OF BEOINNING;
THENCE NEST ON THE SOUTH BOUNDARY OF THE SAID PROPERTY 1055.2 FEET MORE OR LESS TO
A POINT ON THE EAST BOUNDARY OF A COUNTY ROAD. AT N16CH POINT IS,SET A CONCRETE
a' MONUMENT:
THENCE NORTHWESTERLY ALONG SAID BOUNDARY OF SAID COUNTY ROAD A DISTANCE OF 16.2 FEET
MORE OR LESS;
a THENCE EAST ON A LINE PARALLEL WITH THE SOUTH BOUNDARY OF SAID PROPERTY AND 16 FEET
�+ DUE NORTH OF SAID SOUTH BOUNOMY S56 FEET MORE OR LESS;
THENCE NORTH 244 FEET P.ARAILEI."IN THE EAST BOUNDARY OF SAID PROPERTY:
r THENCE EAST SOO FEET PARALLEL WITH THE SOUTH BOUNDARY OF SAID PROPERTY TO THE EAST
r BOUNDARY OF SAID PROMTY;
o THENCE SOUTH ALONG THE EAST BOUNDARY OF SAID PROPERTY A DISTANCE OF 260 FEET TO THE
0
TRUE POINT OF BEGINNING;
o AND STARTING AT A POINT ON THE NORTH LINE OF SECTION A TOWNSHIP 22 NORTH. RANGE 4
cor; EASt, W.M, IN KING COUNTY, WA6'FINNGTON, WHICH IS 2001.9 FEET WEST OF THE NORTHEAST
CORNER OF SAID SECTION 23. AT YIHICH POINT IS LAID A CONCRETE MONUMENT:
THENCE SOUTH ALONG THE EAST BOUNOARY OF FRANCES STEWART CRAWFORO, FORMERLY PRANCES
STEWART, 1009.7 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND OWNED BY THE CITY OF
KENT AS SHOWN BY DEED DATED NOVEMBER 6, 1046 AND FILED UNDER RECORDING NUMBER
3631511% . '
THENCE ALONG THE BOUNDARY OF SAID CITY PROPERTY WEST 500 FEET
TiNFlt6E 98M41F-S�4-FEEi TO 7}L[ A"T A �+€�1T:
THENCE N ONM71N
TH G $OWN 20 TO A POINT*11CH IS 16 FEET NORTH OF THE SOUTH LINE OF
SAID CITY PROPERTY.
THENCE WEST ON A UNE WHICH IS 16 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE A
DISTANCE OF 656 FEET MORE OR LESS TO A POINT ON THE EASTERLY BOUNDARY OF COUNTY
ROAD;
THENCE NORTHWESTERLY ALONG EASTERLY UNE A DISTANCE OF 21.4 FEET MORE OR LESS;
THENCE T ALONG A LINE WHICH IS OF SAID CITY PROPERTY AND THE TRUE POINT T POINTOFOF KGINNING; PARALLEL WITH THE SOUTH LINE
EXCEPT THAT PORTION THEREOF CONVEYED TO THOMAS JOSEPH BURKE BY INSTRUMENT RECORDED
UNDER REGORGING NO. 6166496.
P. Ate 57je 7
' a
im
EnaaitaeerinR
29 Planning
9urveytns
$1216 PAWING HWY. S.. ST'6 N AIL: 265 041-5404
TS0I a WAY. VA. 98003 YAM 20 046-9566
PACE 2 OF 4
LEGAL DESCRIPTIONS:
PROPOSED' LOT A:
THAT PORTION OF SECTION 23. TOWNSHIP 22 NORTH, RANCE 4 EAST, W.M.. W KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23;
THENCE NORTH 89.59"Ir NEST ALONG THE NORTH LINE OF SAID SECTION 2001.90 FEET TO THE
NORTHEAST CORNER OF THE FRANCES STEWART TRACT AS RECORDED UNDER AUDITOR'S FILE NO.
629612:
TtwNCE SOUTH 00 wmr BEST. 33.00' ALONG THE EASTERLY BOUNDARY OF SAID TRACK;
THENCE NORTH 08Ti9'15' WEST, 444.17 FEET TO POINT 'A' AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00'39'3EP WEST. 351.01 FEET;
THENCE SOUTH 88.59'13' EAST, 444.17' TO POINT 'S' AND A POINT ON SAID EAST BOUNDARY
OF THE FRANCES STEWART TRACT;
THENCE SOUTH 0059'38' NEST ALONG SAID EAST BOUNDARY OF THE FRANCES STEWART TRACT,
971.08 FEET:
THENCE NORTH 8905'19' WEST, 1055.03 FEET TO A POINT ON THE EASTERLY MARGIN OF JOHN
DOWNEY COUNTY ROAD P722 (RUSSELL ROAON
THENCE NORTH 2O01848' WEST ALONG SAID MARGIN, 1100.45 FEET;
TIENICE NORTH 09.21.26' WEST ALONG SAID MARGIN, 214.92 FEET;
THENCE SOUTH 6904'62' EAST, 800.40 FEET,
THENCE SOUTH 841`505' EAST, 188.47 FEET TO THE TRUE POINT OF BEGINNING.
BYaBOT Td AN EASEMENT FOR INGRESS, EGRESS AND SIGNAGE DESCRIBED AS FOLLOWS:
BEGINNING AT AFOREMENTIONED POINT 'Al
TMCE NORTH 68WIS' WEST, 50.00 FEET;
THENCE SOUTH 0039'38' WEST, 381.01 FEET;
oa THENCE SOUTH 8859'15' EAST, 30.00 FEET;
ago RENCE NORTH 00'J9'38' EAST. 361.D1 FEET TO POINT'A' AND THE POINT OF BEGINNING.
o $16 r TO AN EASEMENT FOR INGRESS, EGRESS AND URURES DESCRIBED AS FOLLOWS:
n BEGNNINO AT AFOREMENTIONED POINT 'ir; ,
THENCE SOUTH WOW MST. 3MOO FEET;
�— THENCE NORTH S8"S9'13' WEST. 444,17 FEET;
r THENCE WIRTH 00'39'38' EAST, 30.00 FEET;
0 1FNFJICE SOUTH 811159'13' EAST. 444.17 FEET TO POINT '8' AND THE FONT OF BEGINNING
0
0
o
cv
• ��,�, P.
w�
w
d Engln in
4 o
Surveying
aisle PACIM ITMY. &, STS N M. 265� 041-5404
FBDMAL WAY. VA. ISM FAX 26 946-066
EXHIBrr B
LEGAL DESCRIPTION OF OWNED PREMISES
See Exhibit D
LEASE AGREEMENT-Exhibit"B"
(Lam&wd. ay ofK=r;stout QWW Woku.rack (October 30,1000)
LEGAL DESCRIPTION OF ACCESS EASEMENT
See Exhibit D
LEASE AGREEMENT—Exhlbit"C"
(Landfall City ofKar,TowN OWWWLvJcu LLC) (Octobar30,2000J
EX, MIr D
SCOPE OF WORK TO BE COMPLETED BY QWEST
1. Locate all existing utilities prior to digging, and repair any utilities damaged during
construction.
2. Remove existing Pole A-2 and salvage speakers and ballfieid fights. Haul pole and
any debris off-site and dispose of properly.
3. Provide and install new woad pole (A-2) 104-foot length minimum in location
marked. If a taller pole is necessary to avoid conflict between lights and cell tower,
lights must be aimed as shown on aiming diagram, light readings taken, and
adequate LUX maintained.
4. Duchess Construction, 'Inc. shall be utlized as a subcontractor to install and aim
ballfield lights, hang salvaged speakers and lights on new pole, electrical conduits,
junction box, and connections per spa incations.
5. Provide and install three 64nch conduits on the side of the pole. (Jane to provide,
photo of Marymoor Park pole and conduits for City approval).-
6. Remove fifteen-foot section of existing chain link fabric and posts. Provide and install
double gate. Provide and install terminal posts.
7. Provide and install eight foot fence with top fabric, 15' X 10`, on concrete slab
adjacent to existing fence, with perimeter concrete mowstrip outside of fence. No
Vinyl slats in fence fabric. Fence shalt house equipment Locate near tree to allow for
ballplayer wam�-up area to remain.
8. City will provide record as-bullt irrimzt.;on and electrical plans (attached).
9. Trench from fenced area to Pole A 2. Restore grounds to original condition.
10.Provide and !nstall all utility connections (electrical and telephone) underground,
restore grounds and asphalt parking area to original condition.
11.v ofk-shv4-be o pietec#=prs t t 15, 2�- In-the event that work is not
complete oy April 15th, and games must be cancelled due to lack of lights on Field
#1, US West shall reimburse the City of Kent for the full amount of any loss of
revenue.
Includes Attachment
LEASE AGREEMENT-Exhibit"D"
(Landlord: OV ofKau Tenant: QWZV Waelas,L O (Otiober 30,1000)
Ki I
;§ a `s
"��■ � aR �� i ��t� xa• a� � � ajyix�[lx. t x ��� �§� i����� yyy; ? ��i�
EE�,gg� ;591
Ix R [ b�t9 11
A' Rq Rss€ x Cgg
ga i
g�. �77YY
6� �4 �i� mnp m�c fV,
y7f
�T~ y Nljr� Vy�jpT � �ij�q� Z
v fps ,-
o��
WA A
C
R C
tip
i
O
�¢' R 8 ill
g o s-
tn sg e - q J x9
m
if
F4fiR Ste$ SAL �`Iz� t h5
R
1 # j
I ,# •ga
i # /
I =
.-i-
� E�� �1��E! I a, Mfg";
fq
s s i ol $
���€E$ �Ef I� J � {i.E
A = D D D D D D I
m x� {
A Ulf'
m
g 11
3 � I
I �
.w
�y �114^•*�N I i3 ��S s:ty{S x$ll.�il
¢S "
1 1
1'
� MM 1 ty
Yid
DDD
9 �^ �'D$ 'n' .tea � • 1 Y o c
ri
`
c c : '
all
fi V
__ F
1� I ,® i3 rrrr
�t Vitt
IN, t
I i Fa
1 t
• g� $ a
Av
1 r
1 d
till
s
II
a:a
till 4
r ,
1
/ � r
':t l i \i� i w •�
5 5 z ENN I I DDW I>
•� � Liw 1 RR�
i� So kA
�i 3 F F [
1 $ pp F$C 16 � Aa '■t E9 p t4 y B €
4 wryly
All
Ya
s p
$a 8Z"g .9
z td&& WA
if
ail
All
IF lb
i ,
1 mt-
4�Y�
F \VI F
r
if Evil I DDDDBf
F i j� '�►� '� ■■ ■ f I --
R i t!• ■ 1 1
i` w
fx� �• �y
-
}
z
z li
a� AN
g r
c -A'
-—x
� a-
M �
m a '
ro
- ����|' . • !
! \ , . ilk it
{ § � r
§ , k«
09.1
�+
—------� \ ;
k ) | Jill § (
)•|� ,-- ---- ' |
| . •
_� `
@ \
�
; § ! A| ■■ ■ | | ° ®ty ° !
■| IRS
R■■ ■ ■ ,
! |!2 �| m■ $ own II | | |
! | 9 1 | |
,
-
*
* '
�
Fiff m
-
- � -
;TL
"VolAX
� — \
� * \
! § | ■ | ■■■ | | C> ° C> I> ■ I
Mani C ■ �
!®| ilk -- — .
| . . .
4i - gg
A
3 a4#4• .o i
9e'`t@ a o• ,�••
L ° � s - p � � � �E4B � ;�• v
ir
s 6
! a # r
Y:
.6r
y6 _- �= iMuri _�--•� } to
€ G V1 k a
Df±±_° nc, n E ! • lit
},. r�. +�.; o±, yiyppy t _� �• b
'fOO