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HomeMy WebLinkAboutL007-09 - Original - Clearwire LLC - Wilson Playfields Cellular Phone Tower - 04/28/2006 CITY CLERK CITY OF KENT 220 4" AvenueKENT WA 8032 WASMINOTON 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 preceded with "U', e.g. L001. • 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 Vt of the month or year. Those agreements and amendments will be addressed through subsequent agreements and/or amendments, if any. Contract Number: L007-09 1. Responsible Department/Division: Parks/Facilities 2. Contact Person and Title: Charlie Lindsey Telephone Extension: 5081 3. Tenant (Customer) Name: Clearwire Wireless Broadband 4. Tenant (Customer) Number: 128985 Lease Agreement Cover Sheet—Page 1 of 4 5. General Ledger Account Number: P20072.56250 6. King County Tax Parcel Number: 212205-9184 (partial) 7. Address of Parcel: 13028 Southeast 251st Street, Kent 8. Type of Lease: Lease Agreement - Commercial Property Rental (Wilson Playfields Cellular Phone Tower) 9. Council Authorization Date: February 7, 2006 10. Mayor Signature Date: March 7, 2006 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: April 28, 2006 (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 or installation of utilities) 12. Tenant Lease Option Renewal Notification Due Date: 90 calendar days prior to expiration of current term 13. Lease Termination Date: April 27, 2011 14. Lease Duration: April 28, 2006 through April 27, 2011. One additional five year option period 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 Pace Index - All Urban Consumers (Seattle-Tacoma-Bremerton WA) All Items, base perod 1982-84=100, Not Seasonally Adjusted, 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 in this paragraph shall be made with the use of the conversion formula published by the U.S. Bureau of Labor Statistics. 15. Rent: $1,350.00/month (excludes leasehold excise tax) 16. Rent Due Date: 28th of the Month 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 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.pd ). 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 '�J 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 monthly rent for any payment not paid within 5 calendar days of when due (28th of the month) 23. Late Interest: 2% per month on the amount outstanding if not when due (28th of the month) SECTION 7 — OTHER LEASE CONSIDERATIONS: Section 24 of the Lease Agreement establishes a rental rate of two times the rents specified 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 CLEARWIRE LLC, a Nevada limited liability company, with its principal office in Washington located at 5808 Lake Washington Blvd,NE, Suite 300,Kirkland, Washington 98033 ("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 (the "Property") B. Tenant is in the communications business and desires to lease that portion of the Property which is legally described on the attached Exhibit B, together with a nonexclusive access easement, which is legally described on the attached Exhibit C. 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 that portion of the Property legally described on the attached Exhibit B (the "Premises") 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'). 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 on the Premises or installation of utilities within the Access Easement (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 one (1) additional five (5) year periods subject to the adjustment of Monthly 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 ninety (90) calendar days before the end of the then-current term. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page I of 15 (Landlord City of Kent, Tenan! Clearwire I I C) (August 5,2005) t LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is entered into by and between the CITY OF KENT, Washington municipal corporation ("Landlord") and CLEARWIRE LLC, a Nevada limited liability company, with its principal office in Washington located at 5808 Lake Washington Blvd,NE, Suite 300, Kirkland, Washington 98033 ("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 (the"Property"). B. Tenant is in the communications business and desires to lease that portion of the Property which is legally described on the attached Exhibit B, together with a nonexclusive access easement, which is legally described on the attached Exhibit C. 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: I. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that portion of the Property legally described on the attached Exhibit B (the "Premises") 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"). 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 on the Premises or installation of utilities within the Access Easement (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 one (1) additional five (5) year periods subject to the adjustment of Monthly 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 ninety (90) calendar days before the end of the then-current term. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 1 of 15 (Landlord City ojKent, Tenant Cleaneire LLC) (August 5,2005) 3. Rent. a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of ONE THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($1,350 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 Monthly Rent shall be paid in advance, on or before the first day of the month during the term hereof. Monthly 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 Monthly 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 rate of two percent (2%) per month. C. The Monthly Rent during years two (2) through five (5) of each five (5) year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of four(4) percent 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. d. The Monthly Rent during the first year of a 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 telecommunications 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 submit 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 award the Market Rent figure that is closest to the true Market Rent. The costs of the arbitration shall be borne by the Tenant. Each party will bear the cost of its own attorney's fees. e. Monthly 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 purpose of locating, maintaining, replacing, removing, operating, and upgrading a wireless communications antenna on a pole. Tenant shall also use the Premises for the purposes of constructing, maintaining, replacing, LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 2 of 15 (Landlord Cory of Kent, Tenant Oeani ire LLC) (August 5,2005) 0 removing, operating, and upgrading related wireless communication ground equipment, support structures, and cables. The antenna and related facilities shall collectively be referred to as the "Antennae Facilities." The Premises shall be used for no other purpose. b. Tenant shall, at its expense, comply with all applicable 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. 5. Tenant Improvements, Plans, Bonds. a. (1) Tenant may improve the Premises by constructing the Antennae Facilities. Tenant is required, as part of this 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. 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. (2) All improvements shall be constructed in a workmanlike manner without the attachment of any liens to the Property and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations. If any hen is filed, such lien shall be removed from the Property or bonded over, per RCW 60.04.161, within twenty (20) days of the lien being recorded with the King County Recorder's office. b. (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 Other Provides as described in Section 6.a, Landlord, or any of Landlord's assignees. (2) Upon removal of the improvements (or portions thereof) as provided above in subpart (1), Tenant shall restore the affected area of the Premises and Access Easement, normal wear and tear excluded, to the reasonable satisfaction of the 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. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 3 of 15 (Landlord City of Kent, Tenant Clearwire LLQ (August 5,2005) (4) If Tenant requests permission not to remove all or a portion of the improvements upon termination of this Lease per section 5.b(1), 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. 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). Landlord may use these funds at the termination of the Lease for removal of all improvements and repair of the Premises and Access Easement should Tenant not comply with the requirements of this section. d. Tenant agrees that there will be a one time cost of Seven Thousand Five Hundred Dollars ($7,500) for light pole replacement. Tenant agrees to pay Landlord the sum of Seven Thousand Five Hundred Dollars ($7,500), upon execution of this Lease. 6. Use by Other Providers. a. Tenant shall cooperate with each new Other Provider that Landlord leases to in connection with the Other Provider locating and placing its antennas and other facilities on the Premises and in the ancillary support facilities. b. Each new Other Provider shall be solely responsible for the cost of locating and placing its equipment on the Premises. The Other Provider shall also be responsible for any liabilities that arise from the Other Provider's use of the Premises. 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 or Access Easement. 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 Monthly 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 and Access Easement which may be contemplated under any provisions of this Lease. 8. Maintenance. a. Tenant shall, at its own expense, maintain the Premises, Access Easement, and all improvements, equipment and other personal property on the Premises in good working order, condition and repair. Tenant shall keep the Premises and Access Easement free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 4 of 15 (Landlord City of Kent, fenant Clearwire LLC) (August 5 2005) undue vibration, heat, noise or interference. Tenant shall install, maintain, and replace, when necessary, all landscaping required by Exhibit D and 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 the Landlord or the third parties' 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; provided, however, that in no event will Landlord, its employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's Antennae Facilities. Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the term of this Lease. 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 and Access Easement. 12. Apnrovals, Compliance with Laws. Tenant's use of the Premises and Access Easement 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 in any way with Landlord's activities on the Property. Tenant agrees to correct, within thirty (30) calendar days, all such actions which materially interfere with Landlord's use of the Property. 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 Property. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 5 of 15 (Landlord City of Kent Tenant Clearwrre LLC) (August 5,2005) C. In the event that an Other Provider requests a lease from Landlord to place any type of 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 Other Provider 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 Other Provider 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. In the event the Other Provider actually interferes with the operations of Tenant, Landlord shall make good faith efforts to have the Other Provider cease operation until the interference can be eliminated. 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. 14. Default It shall be a default if: a. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within fifteen (15) calendar days after written notice from Landlord; b. Tenant abandons or vacates the Premises for a period longer than thirty (30) days; C. 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 facilities contemplated in this Lease; d. Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; e. Tenant becomes insolvent; or f. 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; provided. however, that neither party will be in non-monetary default under this subsection if it commences curing such default with such 30-day period and thereafter diligently prosecutes the cure to completion. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 6 of 15 (Landlord City of Kent, Tenant Cleanvtre LLC) (August 5,2005) 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 position is upheld by a court. 16. Optional Termination. Except for instances of default as set forth in Section 14, 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 upon ninety (90) days prior written notice to Tenant, 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 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, non-renewal, expiration, or cancellation of its license. 17. Damages and Attorney's Fees. In the event of an instance of Tenant's default as identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination; and liquidated damages in the amount of six (6) months rent. If it becomes necessary for the Landlord to use an attorney and/or bring suit for damages or possession, or if Tenant shall bring any action for any relief against Landlord, declaratory or otherwise, arising out of this Lease, the prevailing party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees. 18. Termination; Notice. Except as otherwise provided above in Section 16(b), any notice of termination pursuant to Section 16 shall be given to the other party in writing at least thirty (30) calendar days prior to the termination date in accordance with the provision of Section 28. 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 terminate this Lease upon thirty (30) calendar days' written notice to Landlord. In such event, Tenant shall promptly remove all improvements 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 Monthly Rent prepaid by LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 7 of 15 (Landlord City of Kent Tenant CleanvtreLLC) (Augusta 2005) 0 • Tenant. Landlord shall have no obligation to repair any damage to any portion of the Premises or Access Easement. 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 the 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 of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. 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. 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, Access Easement, Tenant's Antennae Facilities, and any other improvements made by Tenant. 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 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 Tenant's Antennae Facilities, Tenant's use of the Premises and Access Easement, 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 LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 8 of 15 (Landlord City of Kent, Tenant Clearwtre LLC) (August 5.2005) 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, Access Easement, Tenant's Antennae Facilities, Tenant's other improvements. Tenant shall cause such claim or lien covering Landlord's Property to be discharged or bonded per the requirements in section 5.(a)(2). (3) Notwithstanding the foregoing, Tenant shall not indemnity, defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the Indemnitee's negligence or willful misconduct. 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 and Access Easement. 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 which they are indemnified 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 attorney so long as the participation is coordinated with Tenant's attorney. 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 the reasonable value of any services rendered by the Landlord's attorney; 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. Provided, however, these expenses shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant. 22. Insurance. LEASE AGREEMENT AT WTLSON PLAYFIELDS—Page 9 of 15 (Landlord 0ry of Kent, Tenant Clearwire LLQ (August 5,2005) a. Tyne and Amount: 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 non-owned 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 ($1,000,000.00) 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 claim 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. b. Additional Insureds: All policies, except for business interruption, the policies specified in Section 22.a(5) 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 AT WILSON PLAYFIELDS—Page 10 of 15 (Landlord Gry of Kent, Tenant Clearwtre LLO (August 5,2005) 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. C. 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. d. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following endorsement: At least thirty (30) 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 reduce the coverage afforded under this insurance policy. Such notice shall be given by registered mail to the Landlord. e. 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 do business in the State of Washington. All insurance carriers and surplus line carriers shall be rated A- (VIII) or better by A.M. Best Company. f, Deductibles: Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. g. Contractors: Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Premises and Access Easement 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. h. 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 reasonably 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. 23. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises and Access Easement will not generate any hazardous substance, and it will not LEASE AGREEMENT AT WILSON PLAYFIELDS—Page i l of 15 (Landlord City of Kent, Tenant Cleamire 1 w) (August i,2005) negligently or intentionally store, or dispose, or transport over the Premises and Access Easement 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, 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 and Access Easement 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. 24. 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 Monthly Rent shall be paid by Tenant at two times the rents herein specified and shall otherwise be on the terms and conditions herein specified, so far as applicable. 25. 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 subordinate all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination within ten(10) days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises and Access Easement will not be disturbed so long as Tenant is not in default under this Lease. 26. Acceptance of Premises. With the exception of latent defects and any hazardous substance contamination existing prior to the Commencement Date, by taking possession of the Premises, Tenant accepts the Premises and Access Easement in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises or Access Easement. 27. 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. LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 12 of 15 (Landlord City of Kent, Tenant Cleanvire LLC) (August 5,2005) 28. 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, or by a nationally recognized courier service, 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: Clearwire, LLC 5808 Lake Washington Blvd,NE Suite 300 Kirkland, WA 98033 Attn: Property Manager With a copy to: Clearwire,LLC 8259 122nd Ave. NE, Suite 300 Kirkland, WA 98033 Attn: Legal Department 29. Assignment and Subletting. a. Tenant shall not sublet all or any part of the Premises. Tenant shall not assign its interest in this Lease without Landlord's prior written consent, which will not be unreasonably withheld. Consent by Landlord to any assignment shall not constitute a waiver of the necessity of such consent to any subsequent assignment. 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, Landlord may collect rent from the assignee, and apply the net amount collected to the rent and other obligations of Tenant hereunder reserved. Consent by Landlord to an assignment shall not 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 LEASE AGREEMENT AT WILSON PLAYFIELDS—Page 13 of 15 (landlord City of Kent, Tenant Clearwire LLC) (August 5,2005) section unless Landlord has previously approved in writing the new controlling party or unless Landlord's approval is not required pursuant to Section 29A, below. C. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, I USC §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. d. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to assign this Lease without Landlord's consent to any of Tenant's partners or affiliates. 30. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity who may be in competition with Tenant, or any other party. 31. Successors and Assigns. This Lease shall run with the Premises and be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 32. Non-Waiver. Failure of either party 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 such party 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. 33. Taxes. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises and Access Easement 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 limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which LEASE AGREEMENT AT WILSON PLAYFTELDS—Page 14 of 15 (Landlord C+tv of Kent, Tenant Clearwve Ll Q (August 5,2005) may be imposed 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 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. 34. 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 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 OF T CLEARWIRE,LLC. By: By: Print N e: S zit oo Print Name: John A Storeh Its: ay Its: vice President-Network Deployment Dat 3���� Date: o Z, ip-©%r� APPROVED AS TO FORM: ATTEST: Kent Law Department ENDA JACOBER, KE T CITY CLERK P\civa\Flt,eswantaawe63tCl"rWjmlLCtw Vrdsonriaynewsdw LEASE AGREEMENT AT W ILSON PLAYFIELDS—Page 15 of 15 (Landlord City of Kent, Tenant Clearwire LLC) (August 5,1005) EXHIBIT A LEGAL DESCRIPTION OF LANDLORD'S PROPERTY PARCEL A: TIME NORTH 3.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE WEST 85.00 FEET OF THE EAST 503.58 FEET OF THE SOUTH 130.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON. (A.K.A. PARCEL A OF CITY OF KENT LOT LINE ADJUSTMENT #LL-2002-2, RECORDED UNDER KING COUNTY RECORDING NUMBER 20020213000170.) PARCEL B: THE NORTH 3.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: LOT 2 OF SNOW PARK SHORT PLAT SP #97-32, RECORDED UNDER KING COUNTY RECORDING NUMBER 9802179012, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON. TOGETHER WITH THE NORTH 3.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE SOUTH 130.00 FEET OF THE NORTH 160.00 FEET OF THE EAST 80.00 FEET OF THE WEST 985.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, WM, IN KING COUNTY, WASHINGTON. (A.K.A. PARCEL 8 OF CITY OF KENT LOT LINE ADJUSTMENT #LL-2002-2t RECORDED UNDER KING COUNTY RECORDING NUMBER 20020213000170_) LEASE AGREEMENT-EXHIBIT A (Landlord City of Kent, Tenant Clearwire LLC) CLEAR WIRE WILSON PLAYFIELD WA-TAC134-A PROPOSED LEASE AREA PROPOSED LEASE AREA DESCRIPTION THAT PORTION OF PARCEL"B"OF CITY OF KENT SNOW PARK LOT LINE ADJUSTMENT No. LL-2002-2 AS RECORDED UNDER KING COUNTY RECORDING No.20020213000170 DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 21,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M., THENCE N88054'57"W ALONG THE NORTH LINE OF SAID SUBDIVISION,A DISTANCE OF 418.69 FEET; THENCE SOIDOI'02"W,A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL"B"; THENCE CONTINUING S01001'02"W ALONG THE WESTERLY LINE OF SAID PARCEL"B",A DISTANCE OF 505.00 FEET TO AN ANGLE POINT OF SAID PARCEL"B"; THENCE S88°54'5T'E A DISTANCE OF 3.74 FEET TO THE TRUE POINT OF BEGINNING OF THIS LEASE AREA DESCRIPTION, THENCE CONTINUING S88054'5T-E,A DISTANCE OF 6.00 FEET, THENCE SO1°57'22"W,A DISTANCE OF 7.00 FEET; THENCE N88°54'57"W,A DISTANCE OF 6 00 FEET; THENCE N01057'22E,A DISTANCE OF 7.00 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 4 vMC •. � �0 26 x: a • I�Ku161 -rC CLEAR WIRE WILSON PLAYFIELD WA-TAC134-A PROPOSED ACCESS EASEMENT PROPOSED ACCESS EASEMENT DESCRIPTION A 30-foot easement for ingress & egress, 15 (fifteen) feet on each side of the following described centerline: Commencing at the southeast corner of Lot 1, Snow Park Short Plat Sp- 97-32, as delineated on that survey recorded under Recording Number 9802179012, records King County, State of Washington, Thence N 88 0 54'57" W, along the southerly line of said Lot 1, a distance of 5.000 (five) feet; Thence S 01 0 05'03" W, perpendicular to said southerly line, a distance of 7.00 (seven)feet to the TRUE POINT OF BEGINNING of this centerline description; Thence S 00 0 38'07°W, a distance of 420.75 feet to a point 15.00 feet northerly of (as measured at a right angle) the south line of Lot 2 of aforementioned Snow Park Short Plat SP-97-32; Thence S 88 0 56'40" E, parallel with said south line, a distance of 376.30 feet to the westerly Right of Way line of 132"d Avenue SE, and the TERMINUS OF THIS LINE DESCRIPTION. The sidelines of this easement description shall be lengthened or shortened as necessary, to fit within the confines of Lot 2 as delineated on aforementioned Survey recorded under Number 9802179012, records of King County and to the south line of the above described lease area. Situated in the County of King, State of Washington. C. MC . o• EpaRm 6 EXHIBIT D SCOPE OF WORK TO BE COMPLETED BY Clearwire LLC Installation of a wireless communications facility at an existing field light pole. A separate lease area of 6'xT will be constructed west of the pole in a secured compound which will house the radio equipment necessary to operate the facility. No construction shall begin until all construction drawings are approved by City of Kent Parks Department. All construction shall be timed to avoid interference with the City of Kent Parks Department's programming of the property. A construction schedule shall be submitted,by Clearwire LLC, and approved, by City of Kent Parks Department prior to construction. A preconstruction meeting shall occur prior to the start of construction. LEASE AGREEMENT—Exhibit"D" (Landlord City of Kent, Tenanl Clearwire, LLC) A Client# 07 WERIVE ACORD. CERTIFICATE OF LIABILITY INSURANCE 2/17/06foorvrY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seattle Office ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ABD Insurance&Financial Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 601 Union Street Suite 3310 Seattle,WA 98101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER St Paul Fire &Marine 24767 Clearwire LLC INSURER B National Union Fire Insurance/PA 19445 P O.Box2908 INSURER Affiliated FM Insurance Company 10014 Kirkland,WA 98083-2908 INSURER D INSURER E COVERAGES THE POL CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TRSR NOD L POLICY EFFECTIVE POLICY EXPIRATION LTR NSR1 TYPE OF INSURANCE POLICY NUMBER DATE MMIDDY7 DATE(MMfDD(YYI LIMITS A GENERAL LIABILITY TE08401384 11101/05 11/01/06 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $300000 CLAIMS MADE FXOCCUR MED EXP(Any cne person) $10000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2 000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-CCMPIOP AGG $2 000 000 POLICY PRECO- JT X CDC A AUTOMOBILE LIABILITY TE08401384 11/01105 11/01/06 COME[NEDSINGLE LIMIT X ANY AUTO (Eaamdent) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pe person) X HIREDAUTOS BODILY INJURY X NON-OWNEDAUTOS (PeracoderH) $ PROPERTY DAMAGE $ (Per amdent) GARAGE LIABILITY AJTO ONLY-EA ACCIDENT $ ANY AUTO EAACC $ OTHER THAN AUTO ONLY AGG $ B EXCESSIUMBRELLALIABILITY BE4953405 11101/05 11101/06 EACH OCCURRENCE $5000000 X OCCUR ❑CLAIMS MADE AGGRZGATE $5 1 000 1 000 $ DEDUCTIBLE $ X RETENTION $10,000 $ A WORKERS COMPENSATION AND WVA8400636 12/31/05 11101106 X WC STATUMIT- I OTH- EMPLOYERS LIABILITY FR E L EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED EL DISEASE-EA EMP_oYEE $1,000,000 If yes descnbe under SPECIAL PROVISIONS below I E L DISEASE.PO_ICY LIMIT $1,000,000 C OTHER Property TW7B9 11/01/05 11/01/06 $1,000,000 Liability DESCRIPTION OF OPERATIONS i LOCATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Re WA-TAC134A1 Wilson Playfields 13037 SE 247th PI, Kent,WA City of Kent,its officials,officers,employees,agents and assigns are additional insured as respect their interest in the referenced site CERTIFICATE HOLDER CANCELLATION Ten Day Noticefor on-P m nt of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN 220 4th Ave S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Kent,WA 98032 IMPOSE NO OBLGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESE TATIVE ACORD 25(2001108)1 of 2 #S7895261M753287 EAGLERIVE VXD © ACORD CORPORATION 1988 aond # 08833568 Tower Removal Bond KNOW ALL PERSONS BY THESE PRESENTS: That we Clearwire LLC , a corporation duly organized under the Iaws of the State of , as Principal and Fidelity& Deposit Company of Maryland as Surety, are held and firmly bound unto City of Kent as Obligee,in the amount of Fifteen Thousand and no/100---- ($ 15,000.00)for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents,the liability of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. Whereas,the Principal has obtained written approval from the Obligee for the construction and erection of a wireless communication tower located at Wilson Playfields, Clearwire Loc #WA-TAC134A Now, therefore if the principal well and truly complies with the maintenance,replacement,removal or relocation of the tower from the aforementioned address within 30 days upon receipt of written notice from the Obligee,to remove, replace,modify, or relocate the tower from said premises then this obligation is void otherwise to remain in full force and effect unless cancelled as set forth below: 1. It shall be a condition precedent to any right of recovery hereunder that,in the event of any default on the part of the Principal, a written statement of the particular facts of such default shall be, within Thirty (30) days,delivered to Surety at it Home Office located at,999 3rd Ave Ste 3350 Seattle WA 9§101 by registered mail to the Surety and the Surety shall not be obligated to perform Principals obligation until sixty(60)days after Surety's receipt of such statement. 2. The Surety may cancel this bond at any time by giving Thirty(30)days notice, by registered mail or overnight courier service to . PO Box 4249 Federal Way, WA 98063 (Obligee). Such termination shall not affect liability incurred under this obligation prior to the effective date of such termination. 3. Provided that no action, suit,or proceeding shall be maintained against the Surety on this bond unless the action is brought within twelve (12)months of the cancellation date of this bond. 4. Regardless of the number of years this bond may be renewed by continuation certificate, in no event shall the liability of the Surety exceed the penal sum of this bond. 5. It is understood that the non-renewal of this bond by neither the Surety,nor failure or inability of the Principal to file a replacement bond shall not constitute a toss recoverable by the Obligee under this bond. The term of this bond commences effective Q311 ol2nos and shall expire 03/10/2007 Sime Wd sealed, and witnessed this 8th day of March )2006, Clea ire LLC Wi ess Principa Surety Fidelity & Deposit Company of Maryland AAA Witness Debbie Lindstr m Kathleen M. Mitchell , Attorney-in-Fact Surety Phone No 1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland.by WILLIAM J MILLS,Vice President, and ERIC D BARNES,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said CEe any, are set forth on the reverse side hereof and are hereby certified to be m full force and effect on the date , dcs by nominate, constitute and appoint Kathleen M.MITCHELL.Jenell TURNER and Debbie of od City,California, EACH its true and lawful agent and Attorney-m-Fact,iii k e r behalf as surety,and as its act and deed any and all bonds and undert Md oim dertakmgs in pursuance of these presents,shall be as binding upon bepon a 1 ents and pses, as if they had been duly executed and acknowled y ele �J ompany at its officealtimore,Md,m their own proper persons cr mFXC37" s� behalf of Kathleen M.MITCHELL,Jenell TURNER, dated April 13,200 The said Assistant esille eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- s said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day of March, A D 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND O W � W ' I By. Eric D Barnes Assistant Secretary William J Mills Vice President State of Maryland 1 ss: City of Baltimore f On this 21st day of March, A.D 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J MILLS, Vice President, and ERIC D BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written ti�{IHIpr/ C. I*& 9"� °"� i`.�nr:.°. Maria D Adamski Notary Public My Commission Expires July 8,2007 POA-F 016-2128M EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2 The Chairman of the Board, or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary many one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-m-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognrzances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and to affix the seal of the Company thereto" CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990 RESOLVED "That the facsirmle or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and anted affixed the corporate seal of the said Company, this day of ��j Assistant Secretary clearwore. NOTICE OF COMMENCEMENT May 02, 2006 Sent via US Mail Return Receipt Requested City of Kent Attn: Facilities Superintendent 220 4th Avenue South Kent, WA 98032 RE: Site Agreement City of Kent Site: Wilson Playfield Clearwire Site: WA-TAC134 Dear Sir or Madam: Pursuant to the Site Agreement by and between City of Kent and Clearwire LLC dated 03/07/2006 ("Agreement"),please accept this letter as formal notice of commencement of the Agreement, effective 04/28/2006("Commencement Date"). The first payment due under the Agreement will be mailed to you shortly. Thereafter,payments will arrive as set forth in the Agreement. On behalf of Clearwire, I would like to thank you for your involvement with the development of our wireless network. Please do not hesitate to contact me at(425) 216-7864 should you have any questions or concerns. Sincerely, Ana M. Hei Q Lease and Contracts Manager cc. file City of Kent City Clerk 220 4th Avenue South Kent, WA, 98032 5808 Lake Washington Blvd NE Ste 300,Kirkland,WA 98033/Phone 425-216-7600/Fax 425.216-79001 Online www cleanwre com clearWre. March 7, 2007 City of Kent City Clerk 220 4th Ave S Kent,WA 98032-5895 Re: ***ADDRESS CHANGE NOTIFICATION"* CW Site ID: WA-TAC134 -AGREEMENT BETWEEEN CLEARWIRE AND City of Kent You are a party to a contract with one of the Clearwire entities listed below We are writing pursuant to the terns of our agreement to notify you that we have changed our address. The new address for Clearwire Corporation, Clearwire Technologies, Inc., Clearwire Communications, Inc., Clearwire LLC, Clearwire US LLC and Fixed Wireless Holdings, LLC is as follows: 4400 Carillon Point Kirkland, WA 98033 Please update your records to reflect this change of address. Our phone/fax numbers will remain the same. 44 425.216.7600 Telephone 425.216.7900 Fax If you have any questions,please contact Site Leasing at the number referenced above or via email at siteleasinq@clearwire com . Very best regards, Ate.,. Ana M. Hemmert Lease and Contracts Manager 446E',,110 o,i F','W K rNend,WA 980n Phone 425-216-7600 1 Fex 425-216.7900`Omuta 'V v v 0�eanv'm cons 6 (2TI� Fidelity and Deposit Companies Surety Service Center 3910 Keswick Road Baltimore,MD 21211 Toll Free Phone No 1-800-664-0939 Bond No LPM8833568 CONTINUATION CERTIFICATE For Miscellaneous Terms Bonds Principal Clearwire LLC and the Fidelity and Deposit Company of Maryland, as Surety in a certain Bond No LPM8833568 with an effective date of the 1 OTH day of MARCH 12006 in the penalty of Fifteen Thousand and Zero Cents Dollars ( S 15,000 00 ) In Favor of Crtv of Kent do hereby continue said bond in force for the further term(s)of 1 years(s)beginning on the l OTH day of MARCH 2009 and ending on the l OTH day of MARCH 2O10 Tower Removal Bond PROVIDED, however,that said bond,as continued hereby,shall be subject to all its terms and conditions,except as herem modified,and that the liability of the said Fidelity and Deposit Company of Maryland under said bond and any and all continuations thereof shall in no event exceed in the aggregate the above named penalty,and that this certificate shall not be valid unless signed by said Principal Signed,sealed and dated this 25TH day of DECEMBER , 2008 Witness (SEAL) Principal (SEAL) Principal (SEAL) Principal FIDELITY AND DEPOSITY COMPANY OF MARYLAND '�Q ILIpf� nw i BY THEODORE G MARTINEZ Attorney-m-fact LPM 90001 Ed(07/03) Bond Number LPM8833568 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,3910 KESWICK ROAD,BALTIMORE,MD 21211 KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by Frank E Martin,Jr,Vice President and Gerald F Haley,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Com- pany,which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof,does hereby nominate,constitute and appoint THEODORE G MARTINEZ its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed Bond or undertaking number LPM8833568 issued on behalf of Clearwire LLC , as Principal in a penalty not to exceed the sum of Eighteen Thousand and Zero Cents $ 18.000 00 )and the execution of such bond or undertaking in pursuance of these presents,shall be as binding upon saidcompany,as fully and amply,to alfi eZ nts and purposes,as it it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,MD,in their own proper persons The said Assistant Secretary does hereby certify thatthe extract setforth on the next page hereof is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force IN WITNESS WHEREOF,the said Vice-Presidentand Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 25TH day of DECEMBER ,AD 2008 ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�a or�raJ� r4fu' By Gerald F Haley Assistant Secretary Frank E Martin,Jr, Vice President State of Maryland SS Counly of Baltimore On this 25TH day of DECEMBER , AD 2008 , before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, came Frank E Martin,Jr,Vice President,and Gerald F Haley,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument and they each acknowledged the execution of the same,and being by me duly sworn severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and thatthe said Corporate Seal and theirsignatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation IN TESTIMONEY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written ,�" Constance A Dunn, Notary Public ,y'14••:��1"}'•'i: My Commission Expires July 14,2011 !�1jttf tt�t��e GEN000t t Ed(t troy) lA.oua@AO V } EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2 The Chairman of the Board,or the President,or any Executive Vice-President or any Vice President that is specially authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary,shall have the power,by and with the concurrence of the Secretary,to ap- pointAttorney-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Company may require,and to affix the seal of the Company thereto" CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate,and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as prodded in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May,1994 RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-Presi- dent,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed" IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 25TH dayof DECEMBER , 2008 L L Goucher Assistant Secretary Simmons, Mary From: Ely, Manane 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. 2S1st St. Pump Station #S, 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) [ma ilto: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, JeffNador.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(cbci.kent.wa.us 2