HomeMy WebLinkAboutL002-09 - Original - Nextel Communications - West Fenwick Park Cellular Phone Tower - 06/30/2006 CITY CLERK
\ 4400 CITY OF KENT
"Avenue South
V KENT 2204Kent, WA 8032
WASHINGTON 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 "L", 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: L002-09
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Charlie Lindsey
Telephone Extension: 5081
3. Tenant (Customer) Name: Sprint Nextel Real Estate
4. Tenant (Customer) Number: 138299
Lease Agreement Cover Sheet—Page 1 of 4
5. General Ledger Account Number: P20072.56250
6. King County Tax Parcel Number: 272204-9005 (partial)
7. Address of Parcel: 3824 Reith Road, Kent
8. Type of Lease: Lease Agreement - Commercial Property Rental (West Fenwick
Park Cellular Phone Tower)
9. Council Authorization Date: June 6, 2006
10. Mayor Signature Date: June 21, 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: June 30, 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)
12. Tenant Lease Option Renewal Notification Due Date: 90 calendar days prior
to the end of the term
13. Lease Termination Date: June 29, 2011
14. Lease Duration: June 30, 2006 through June 20, 2011. Two additional five year
option periods
SECTION 3 - RENT DETERMINATION AND DUE DATE:
Lease agreement must include provisions establishing the stated rent and, if over one
year in length, modification of stated rent. Typically, rental increases are based on
changes in the Consumer Price Index. Example of possible contract language:
Effective as of each anniversary of the Commencement date (the
"Adjustment Date") by an amount equal to the greater of four (4) percent
or the percentage increase in the CPI two (2) months pnor to the
Adjustment Date and the CPI for the month 12 months prior to the
Adjustment Date. "CPI" means the Consumer Price Index - All Urban
Consumers, <Seattle-Tacoma-Bremerton, WA), All Items, base period
1982-84=100, Not Seasonally Adjusted, issued by the U.S. Bureau of Labor
Lease Agreement Cover Sheet-Page 2 of 4
Statistics. 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 U.S. Bureau of
Labor Statistics.
15. Rent: $1,300.00/month (excludes leasehold excise tax)
16. Rent Due Date: 30th 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.odf). Contact the Customer
Services Financial Analyst (LIDs/Receivables) or the Audit Manager regarding
questions in this area.
18. Is this lease subject to leasehold excise taxes?
® YES (go to Question 19)
❑ NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly
collected from the tenant by the Washington State Department of
Revenue?
❑ YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
® NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
❑ YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284)
® NO Calculate the leasehold excise tax (Stated Rent times .1284)
SECTION 5 — APPLICABLITY OF UTLITIES:
The Lease agreement must include provisions establishing responsibility for payment
of utilities, including but not limited to electricity, natural gas, water, sewer, storm
drainage, and garbage collection and disposal services.
Lease Agreement Cover Sheet—Page 3 of 4
In certain instances, the utility service may not be applicable, e.g. septic system, or
may not be provided by the City, e.g. Highline Water District service area. In all
instances, City utilities will be billed through the Customer Services utility billing
system. Other utilities paid by the City on behalf of the tenant, e.g. electricity or
natural gas, will be invoiced to the tenant through the central accounts receivable
system (JD Edwards).
Electricity or natural gas charges may be established based on actual consumption,
e.g. usage of a meter or by a reasonable amount established through appropriate
financial analysis. Separate meters for measurement should not be established on
City-owned or leased properties. The dollar amount of electric and natural gas
charges must be included in the lease agreement (amendment) and should be subject
to future modification based on appropriate methodologies, e.g. change in rate, etc.
Contact Finance Customer Services for questions in this area, as well as ensuring that
City accounts are transferred into the name of the tenant.
21. Applicability of Utilities — Check all that utilities that are affected and
indicate provider (e.g. City of Kent).. Account Number or basis of
exclusion.
❑ Does Not Apply
❑ Water: No services
❑ Sewer: No services
® Drainage: Paid by City
❑ Garbage: No services
® Electricity/Natural Gas: Puget Sound Energy
Ensure that Finance Customer Services is properly notified to ensure City utility
account, if any, is recorded into the name of the tenant if so established in the
Agreement. Ensure all other applicable charges are properly invoiced to the tenant.
SECTION 6 — MONETARY PENALTIES AND LATE INTEREST CHARGES:
Lease agreement should contain provisions establishing penalties and must contain
provisions establishing late interest charges. Late interest (also referred to as
"finance charges") should be consistent with Chapter 3.10 of the Kent City Code, i.e.
currently 1% of the amount of the unpaid balance or $2.00, whichever is greater, if
not paid within 30 days from the due date.
22. Monetary Penalties: 5% of the monthly rent for any payment not paid within 5
calendar days of when due (30th of the month)
23. Late Interest: 2% per month on the amount outstanding if not when due (30th
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 NEXTEL WEST CORPORATION,
a Delaware corporation, d/b/a Nextel Communications, with its principal office in Washington
located at 10545 Willows Road NE, Suite 100, Redmond, Washington 98052 ("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, legally described on the attached Exhibit B, together with a nonexclusive
access easement, 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 the
real 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") The Land and the Access
Easement are collectively referred to as the"Premises"
This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way
Any such franchise or permit must be obtained separately from Landlord.
2. Term and Option to Renew This Lease shall commence on the earlier of (a) nine
(9) months after the date of this Lease has been signed by both parties, or (b) the date Tenant
commences construction of its improvements at the Premises (the "Commencement Date"), and
end on the date that is one day before the five year anniversary of the Commencement Date
Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to
renew this Lease for two (2) 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 term.
LEASE AGREEMENT AT WEST FENWICK PARK—Page 1 of 15
WA0738 Reith Road
(Landlord City ofKent, Tenant Nextel West Corporation) (March 6,2006)
3. Rent
a. Tenant agrees to pay Landlord as Monthly Rent, without notice or
demand, the sum of ONE THOUSAND THREE HUNDRED AND N0/100 DOLLARS
($1,300 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 co-locating, maintaining,
replacing, removing, operating, and upgrading a wireless communications antenna on a pole
currently existing on the Premises Tenant shall also use the Premises for the purpose of
LEASE AGREEMENT AT WEST FENWICK PARK—Page 2 of 15
WA0738 Reith Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
constructing, maintaining, replacing, 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 "Antenna Facilities" The Premises shall be used
for no other purpose Tenant acknowledges that it must also negotiate for use of the existing
pole with the owner of the pole
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
5 Tenant Improvements, Plans, Bonds.
a. (1) Tenant may improve the Premises by constructing a wireless
communications antenna, and constructing related wireless communications ground equipment,
support structures and cables 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 Premises and shall be completed in compliance with
all permits, applicable laws, rules, ordinances, and regulations If any lien is filed, such lien shall
be removed from the Property within twenty (20) days
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 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, normal
wear and tear excepted, to the reasonable satisfaction of the Landlord
LEASE AGREEMENT AT WEST FENWICK PARK—Page 3 of 15
WA0738 Rerth Road
(Landlord Gty ofKent, Tenant Nextel West Corporation) (March 6,2006)
(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
(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 should Tenant not comply wit the requirements
of this section.
6. Use by Other Providers
a Tenant shall also design and construct all ancillary support facilities,
including any support buildings, so that 1 (one) Other Provider will have an adequate amount of
space to house their own support equipment
1
b. Tenant shall cooperate with each new Other Provider that Landlord leases
to in connection with their locating and placing their antennas and other facilities on the
Premises and in the ancillary support facilities
C. Each new Other Provider shall be solely responsible for the cost of
locating and placing their equipment on the Premises The Other Provider shall also be
responsible for any liabilities that 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 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 which may be contemplated under any
provisions of this Lease
LEASE AGREEMENT AT WEST FENWICK PARK—Page 4 of 15
WA0738 Reth Road
(Landlord City of Kent, Tenant Neztel West Corporation) (March 6,2006)
8. Maintenance.
a. Tenant shall, at its own expense, maintain the Premises and all
improvements, equipment and other personal property on the Premises in good working order,
condition and repair Tenant shall keep the Premises free of debris and anything of a dangerous,
noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or
interference Tenant shall install, maintain, and replace, when necessary, all landscaping on the
Premises required by City of Kent permits
b. In the event the Landlord or any other Tenant undertakes painting,
construction or other alterations on the Landlord's property described in Exhibit A, Tenant shall
take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or
Antennae Facilities and protect them from paint and debris fallout which may occur during the
painting, construction or alteration process This requirement shall not be interpreted as a waiver
of any claim Tenant may raise either against Landlord or any third party due to 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 Tenant, Tenant's employees, agents and
contractors shall have access to the Premises without notice to Landlord twenty-four(24) hours a
day, seven (7) days a week, at no charge.
10. Utilities Tenant shall, at its expense, separately meter charges for the
consumption of electricity and other utilities associated with its use of the Premises and shall
timely pay all costs associated therewith
11. License Fees Tenant shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or occasioned by
Tenant's use of the Premises
12. Approvals, Compliance with Laws Tenant's use of the Premises is contingent
upon its obtaining all certificates, permits, zoning, and other approvals that may be required by
any federal, state or local authority. Tenant shall erect, maintain and operate its Antennae
Facilities in accordance with site standards, statutes, ordinances, rules and regulations now in
effect or that may be issued thereafter by the Federal Communications Commission or any other
governing bodies.
13. Interference
a. Tenant's installation, operation, and maintenance of its transmission
facilities shall not damage or interfere in any way with Landlord's activities on the Premises.
Tenant agrees to correct, within thirty (30) calendar days, all such actions which materially
interfere with Landlord's use of the Premises Tenant agrees to promptly commence good faith
efforts to cure interference upon actual notice of such interference If the interference cannot be
LEASE AGREEMENT AT WEST FENWICK PARK—Page 5 of 15
WA0738 Reith Road
(Landlord Gry ofKent, Tenant Nextel West Corporation) (March 6,2006)
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 Premises.
C. In the event an Other Provider requests a lease 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
LEASE AGREEMENT AT WEST FENWICK PARK—Page 6 of 15
WA0738 Reith Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
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
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 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 verifiable 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 Agreement, 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. 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
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
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 improvement from
LEASE AGREEMENT AT WEST FENWICK PARK—Page 7 of 15
WA0738 Reah Road
(Landlord City of Kent, Tenant Nwel West Corporation) (March 6,2006)
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
Tenant Landlord shall have no obligation to repair any damage to any portion of the Premises
20 Condemnation In the event the Premises are taken by eminent domain, this
Lease shall terminate as of the date title to the Premises vests in the condemning authority In
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, 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, Tenant's other improvements, or Tenant's failure to comply with any
federal, state or local statute, ordinance or regulation
LEASE AGREEMENT AT WEST FENWICK PARK—Page 8 of 15
WA0738 Reith Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
(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, Tenant's Antennae
Facilities, Tenant's other improvements Tenant shall cause such claim or lien covering
Landlord's property to be discharged or bonded within twenty (20) days following Tenant's
notice of the same.
(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 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 Indemmtees 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 Indemmtees 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
LEASE AGREEMENT AT WEST FENWICK PARK—Page 9 of 15
WA0738 Retth Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
22. Insurance.
a. Type 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
LEASE AGREEMENT AT WEST FENWICK PARK—Page 10 of 15
WA0738 Reith Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
b. Additional Insureds All policies, except for business interruption and
worker's compensation policies, shall list Landlord and its officials, officers, employees, agents
and assigns, as their respective interests may appear, as additional insureds (herein referred to as
the "Additional Insureds") Each policy, which is to be endorsed to list Additional Insureds
hereunder, shall contain cross-liability wording, as follows
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 sixty (60) days prior written notice shall be given to
Landlord by the insurer of any intention (a) not to renew, (b) to
cancel or (c) to materially alter this insurance policy Such notice
shall be given by registered mail to the Landlord.
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 B+ (XIII) or better by A M Best Company
f Deductibles- Any PY 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 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
LEASE AGREEMENT AT WEST FENWICK PARK—Page t 1 of 15
WA0738Reth Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
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 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, or expense or liability resulting from such release including all
attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the
negligence of Landlord, its employees or agents Similarly, Landlord warrants that the Premises
are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the
Landlord's negligent or intentional introduction of any hazardous substance by Landlord
"Hazardous substance" shall be interpreted broadly to mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other similar term by any federal, state or local environmental law,
regulation or rule presently in effect or promulgated in the future, as such laws, regulations or
rules may be amended from time to time, and it shall be interpreted to include, but not be limited
to, any substance which after release into the environment will or may reasonably be anticipated
to cause sickness, death or disease.
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
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 in the condition existing as of the Commencement Date
Landlord makes no representation or warranty with respect to the condition of the Premises
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 WEST FENWICK PARK—Page 12 of B
WA0738 Reith Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
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, 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: Nextel West Corporation
1255 Treat Blvd , Suite 800
Walnut Creek, CA 94597-7982
Attn Property Services
(925) 279-2300
With a copy to: Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, VA 20191-3436
Attn Regional Legal Services, Contracts Manager
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 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
section unless Landlord has previously approved in writing the new controlling party.
LEASE AGREEMENT AT WEST FENWICK PARK—Page 13 of 15
WA0738 Ruth Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
C. Any person or entity to which this Lease is assigned pursuant to the
provisions of the Bankruptcy Code, 11 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 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 be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns
32. Non-Waiver Failure of Landlord to insist on strict performance of any of the
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights, but Landlord shall have the rights to enforce such rights at any time
and take such action as might be lawful or authorized hereunder, either in law or equity The
receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a
waiver of such breach unless expressly set forth in writing
33. 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 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
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
LEASE AGREEMENT AT WEST FENWICK PARK—Page 14 of 15
WA0738 Reith Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
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 9F KENT NEXTEL WEST CORPORATION
By
Pri amp p�(�rNki (QAh��fl✓ Print Name Mary Murdoch
Its Mayor r vv 4-�" Its k2;e 7a e, G2�YF/o s+�v7Ti1��4*vW
DATE DATE
APPROVED AS TO FORM: ATTEST:
1.a I c/ '/A� ✓—
t M De artment BRENDA JACOBER, KENT CITY CLERK
P 1CrvilTILESOpenFiles10861W"teE.ease-WestFenvnckPark030606FHW doe
LEASE AGREEMENT AT WEST FENWICK PARK—Page 15 of 15
WA0738 Reith Road
(Landlord City of Kent, Tenant Nextel West Corporation) (March 6,2006)
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
The land r!'fFvm-- tCS I'l m i-6L .8e1+-e-i� .n thc� State o'*
'W''Zt`h3nt '- I- as; tz4aiv`u�s:
'rlm ca2t ha.i of the n;vrtyy ttiki,el.. gkiarter ?S. the more I".wes: qvw tee"
:yf*44'l.s'D31 2,?, 1`ownship 2:, Pa£awth, d F; w ii "'+` «f. wing '--ts:nty,
was'1.i.ngt-Iln;
TIvO-I NER W:TF, tha", 3"ivrtkm of Ow a enA half of ti"E £lt}t:,tlf3ehR>i, £ilEdS i.r«E
:> not to+rtE.£ Y: y ► s£€,r r rsF ..j A( it t i <i'., :V s r+g fld4r4 Ci w >Ax
�aikY.f'� �1w . i �,. , e o t Y n ocsr«rn of the r`,�'w`Thr r_y
,c �.�j .]j AiZ �Je .*iv`n• �Y�t«�W 1�44«1M'7 N,LLe A 4�
ti43 Y'St:.:7 t4` zed?"3&.1 %'lLyeY�i
;£OG88. ist taIm '€va= A Of vAnd.€ail; V'Irk nivzs�ion NcvbEx r ?, at-.nsrttirtrd
to the € iat ht rof+�f re-nrnt-ai ,°a vvx k, x• lvty of rla-a, pa*4es ?A m.'-I
e14. cc Y.�-. is f`e^ILa'3' X, W4.* f:.13'�q-O X.
Situated in the County of King, State of Washington
LEASE AGREEMENT—EMBIT A
(Landlord City of Kent, Tenant Nextel;f'estCorporabon)
EXHIBIT B
THAT POR T I+. N OF ME EAST IDLE' OF 'I':3E NOR`1"HI'.,AST QUARTER OF
F.iU�,IGE 4 EAST, W.M, XINNz COUNQT`.i, i4ASHIIIGT N.
LYTNG SOUTHERLY OF THE REITH ROAD T)H80V1 i3ED AS FOLLOWS
GtMMM-13GINrG A'I' A E'C3tJ'ttiD E" BRASS DISK t✓ TM4 PUNCH IN C.Y48E, t3OWN
0.3 '-?URT AT `1,qR 1N'1c3I"i'SEr- I',.0N OF 42)ND A's7M,£tUE SOUTH WITH I2i:>.LTH
ROAD; 1131 t,E ALONG A LINE BETWEEN S. M-, FOUNT, 2 ' DISK
K
1'JQ : A FG .M 1/8" BRASS PINT N CONCRETE IN CAGE, IGWN 0 .7
FdRT Al Y ? F Jtl ' 3TC O Ot2ND AVEN4« COUT 6 Th .`.)%.UTH
2161ST STREET WHICH LIES zSC'UTI-1 04°14' 54j' EAST A DISTAWCa OF
470-54 FEET FROM SAID FCiJN.'.: 2" BRASS DISK, VITEiICE SOI. M
04`14 ' 54" EAST It L)IST'MdCE OF 45 ,33 FEET; TFENCE: NORTH
73009,130" 16E°sa', A DIw7`,L"ANC'B OF 53 . 94 FE T; THENCE SOUTH
74056' 12m WEST, A DTSI3ANC8 OF 61. 93 Y :-.e` , 'LHENCE SOUT
I'S,`03`4Tl" EAST, A DISTANCE OF 22 .5o reEn. THENCE NORTH
74°56'120 EAST, A DIS'1T?NC 7-, OF 5.00 FEET?- T(' A L>:)= ON THE
WESTERLY <•".,INTE r)F A E'ftopu ,,Eu 1:,Qtip.mEI` r :uBA>SF, AREA, S 4To POINT
T-IrF*EMAF"TER REFERRED TO AS POINT T° ,.A„ ; THENCE SOUTH
15003'48" FAST, A DISTANCE OF 7 .50 FEET TO ITT S 'TRITE ROTN4`T'' OF
BEGINNING, 'IIRMCE N4OPTH 74056' 12" EAST, A DID RT�C'E OF 20 . 00
T*..3' THE SIOUTHEASTF:.I?LY CORNER OF THIS T3R£3POS"ED LEASE
AREA, SAID CORNER HEREINAFTER t?EFERRET3 TO AS POINT. „3"
` LRDCE iX3RTH 15` 03'48" WEST , A :ISCl 1CL OF 15 . 00 TFE'r.
dYFt E SOUTH 456' 12n WEST,
A ✓IST'A.ItCE: C:°r' 20 .00 E'T?T;T
S1*'kAar'.TT SOUTH IS"03 '4S" FAST, A DTS'TIMC'.E Or 15 . 0() pE'I ': TO "kI3E
TRIJI,14 POINT OF BEGINNING.
LEASE AGREEMENT-Exhibit"B"
(Landlord City of Kent. Tenant Nextel West Corporation)
EXHIBIT C
ACCESS EASEMENT
'ITd'1OM,xYzER WITH R TEN FOOT WIDE AC'...es s I"ASt%MIvvT LYING 5.00
FEET ON BAC"il SIDE ESP THi, FOLLOWING DEESCRIEEL F..ASEMEaN`1"
CI EN'I ERL I NE
FiI.7{,1 NNING AT THE HEREIN ABOVE DESCR IS811: POINT 'A' , THENCE
SC7 '-H 74"56` 12" K ST , A DIS2X!= CYR5. 00
. 00 FEET; " P-ICS XOPTH
lbe'03'18 WEST ; A DISULN :E /F 22 .50 FEET; t�-11:MCF. NOR'-'!I
n 5_^1 'j j} Y V t ''pp 'SIy S:•X D Cf 1 rF M E7'f 4�1F}EN E 'O T'i
7` :�L� .Lu ..A4I, ti lJl�:Hi�l.?'> ��C ��. 93 ..N.GT 3.E3.G`.L'l;J:, v�.I..11?::
73*09'30 EAST/ DI.STAN E OF 23. 0' MORE OR LESS TO THE
WEST 'IlR Y A4ARGIN OF 42' AVE. S. AIa THE '17RM7NfJs' CJ' SAID
Fs,AS--.ML.NT C!N,9 i!iRI,Ii.NL.
EXCEPT ROADS.
LEASE AGREEMENT—Exlubit"C"
(Landlord City of Kent, Tenant Nextel West Corporation)
EXHIBIT D
SCOPE OF WORK TO BE COMPLETED BY NEXTEL WEST CORPORATION
Installation of a wireless communications facility at West Fenwick Park A lease area of
20'x15' will be constructed west of the existing Puget Sound Energy pole in a secured
and landscaped 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 submtitted, by Nextel West Corporation, and approved, by City of Kent Parks
Department prior to construction A preconstruction meeting shall occur prior to the start
of construction The General Contractor's attendance at this meeting is manditory.
LEASE AGREEMENT—Exhibit"D"
(Landlord City of Kent, Tenant Nextel West Corporation)
DATE
MEMORANDUM OF INSURANCE 06/OS/2006
THIS MEMORANDUM OF INSURANCE IS FOR AUTHORIZED VIEWERS ONLY. USE, DUPLICATION OR ALTERATION OF THIS
DOCUMENT,WITHOUT THE SPECIFIC WRITTEN CONSENT OF THE INSURED, IS EXPRESSLY PROHIBITED THIS MEMORANDUM
IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT EXTEND, ALTER OR AMMEND THE COVERAGE NOTED OR CONFER
RIGHTS UPON ANY VIEWER OR OTHER PARTY.COVERAGE DESCRIBED BELOW IS AS OF THE ABOVE DATE
PRODUCER Lockton Companies
444 W 47th Street,Suite 900
Kansas City MG 64112-1906 COMPANIES AFFORDING COVERAGE
(816)960-9000
INSURED COMPANY A CONTINENTAL CASUALTY CO- A XV
1064141 Sprint Nextel Corporation
6480 Sprint Pkwy,,M0516.5B725 COMPANY B GREAT AMERICAN ASSURANCE CO A XIV
Overland Park KS 66251 COMPANY c AMERICAN CASUALTY CO OF READING,PA
COMPANY D TRANSPORTATION INSURANCE CO A XV
COMPANY E
COVERAGES DE
THE POLICIES 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS ANDCONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CoPOLIC TYPE OF INSURANCE POLICY NUMBER DATE DATE A TIVE POLICY EXPIRATION
LIMITS
GENERAL LIABILITY EACH OCCURRENCE f 2 000 000
A COMMERCIAL GENERAL LIABILITY GL 20 7959 3819 08/12/2005 04/01/2008 FIRE DAMAGE(Any one lire f XXXXXXX
OCCURENCE
CONTRACTUAL MED EXP JAnV onePerson) f XXXXXXX
'TENANTS LEGAL LAB PERSONAL 8 ADV INJURY f 2,000,000
GEN'L AGG LIMIT APPLIES PER
POLICY GENERAL AGGREGATE f 10,000,000
PRODUCTS-COMP/OP AGG $ 3,000 000
AUTOMOBILE LIABILITY
A ANY AUTO BUA 20 7959 3836 08/12/2005 04/01/2008 oMD SINGLE LIMY £ 2,000,000
Ea accident)
GARAGE KEEPERS LIAB
BODILY INJURY f XXXXXXX
(Per person)
BODILY INJURY £ XXXXXXX
(Per accident)
PROPERTY DAMAGE f XXXXXXX
(Per accident)
GARAGE LIABILITY AUTO ONLY ACCIDENT £ XXXXXXX
NOT APPLICABLE OTHERTHAN EA ACC $ XXXXXXX
AUTO ONLY AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE f 10,000,000
B OCCURENCE UMB9251592 04/01/2006 04/01/2007 AGGREGATE f 10,000,000
£ XXXXXXX
XXXXXXX
£ XXXXXXX
C WORKERS COMPENSATIOW WC 20 7959 3786(ADS) 02/01n006 04/01/2008 WORKERS COMP LIMITS STATUTORY
D EMPLOYERS'LIABILITY WC 207959 3772(AZ,OR,WI) 02/01/2006 04/01/2008 E L EACH ACCIDENT f 1 000,000
C WC 7959 3805(CA) 02/01/2006 04/01/2008 E L DISEASE-EA EMPLOYE £ 1 000 000
C N/A IN MONOPOLISTIC STATE,' E L DISEASE-POLICY LIMIT I£ 1,000,000
NOT APPLICABLE
ADDITIONAL INFORMATION
*FIRE DAMAGE IS INCLUDED IN BROADER TENANT LEGAL LIABILITYFORM WITH LIMITS OF$1,000,OW PER OCCURRENCE
THE GENERAL LIABILITYIS SUBJECT TO PROVISIONS PER ATTACHED THE AUTOMOBILE LIABILITYIS SUBJECT TO PROVISIONS
PER ATTACHED
The General Liability is subject to the following provisions-
ADDITIONAL INSURED-LESSOR OF LEASED EQUIPMENT-AUTOMATIC STATUS WHEN
REQUIRED IN LEASE AGREEMENT WITH
ISO Form CG 20 34 03 97(To view this form,see Endorsement P6-attached page 5)
ADDITIONAL INSURED-VENDORS
ISO Form CG 20 15 11 88 (To view this form,see Endorsement P7-attached page 6)
ADDITIONAL INSURED-STATE OR POLITICAL SUBDIVISIONS- PERMITS
ISO Form CG 20 12 07 98 (To view this form, see Endorsement P5-attached page 7)
ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES
ISO Form CG 20 11 01 96 (To view this form, see Endorsement P23-attached page 8)
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR
ORGANIZATION
ISO Form CG 20 10 10 01 (To view this form, see Endorsement P8-attached page 9)
AUTOMATIC ADDITIONAL INSURED:
(To view this form, see Endorsement JJ-attached page 10)
BLANKET WAIVER OF SUBROGATION
(To view this form, see Endorsement"S"-attached page 11)
-------------------------------------------------------------------------------------------------------------------------------
The Automobile Liability is subject to the following provisions:
ADDITIONAL INSURED STATUS UNDER THE AUTOMOBILE LIABILITY POLICY
(To view this form,see Endorsement"U"-attached page 12)
BLANKET WAIVER OF SUBROGATION UNDER THE AUTOMOBILE LIABILITY
(To view this form, see Endorsement"Q"-attached page 13)
Page 2
MUM
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT-NAMED INSURED
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The first Named Insured as shown in Item 1 Declarations is amended to Sprint-Nextel Corporation(See
Endorsement Q.
Wherever"Sprint Corporation" appears in the policy, as endorsed,that phrase is amended to read"Sprint-
Nextel Corporation"
This endorsement,which forms apart of and is for attachment to the following described policy issued by the company designated
thenn,takes effect on the effective date of said policy,unless another effective date is shown below,at the hour stated in said
policy and expires concurrently with said policy
Must Be Completed Completed Only When This Endorsement Is Not Prepared
with the Policy Or Is Not to be Effective with the Policy
ENDT. NO. POLICY NO. ISSUED TO EFFECTIVE DATE
OF THIS ENDORSEMENT
KK GL 2079593819 08/12/2005
Page 3
M68771
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT-NAMED INSURED
This endorsement modifies insurance provided under the following-
BUSINESS AUTO COVERAGE PART
The first Named Insured as shown in Item 1. Declarations is amended to Sprint-Nextel Corporation(See
Endorsement E)
Wherever"Sprint Corporation"appears in the policy, as endorsed,that phrase Is amended to read"Sprint-
, Nextel Corporation"
This endorsement,which forms a part of and is for attachment to the following described policy issued by the company designated
therm,takes effect on the effective date of said policy,unless another effective date is shown below,at the hour stated in said
policy and expires concurrently with said policy
Must Be Completed Completed Only When This Endorsement Is Not Prepared
with the Policy Or Is Not to be Effective with the Policy
ENDT. NO. POLICY NO. ISSUED TO: EFFECTIVE DATE
OF THIS ENDORSEMENT
X BUA 2079593836 08/12/2005
Page 4
MUM
POLICY NUMBER: GL 2079593819 COMMERCIAL GENERAL LIABILITY
ENDT.NO. P6 CG 20 34 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - LESSOR OF LEASED
EQUIPMENT - AUTOMATIC STATUS WHEN
REQUIRED IN LEASE AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.Who Is An Insured(Section II)is amended to include as an insured any person or organization
from whom you lease equipment when you and such person or organization have agreed in writing
in a contractor agreement that such person or organization be added as an additional insured on your
policy. Such person or organization is an insured only with respect to their liability arising out of the
maintenance, operation or use by you of equipment leased to you by such person or organization
A person's or organization's status as an insured under this endorsement ends when their contract or
agreement with you for such leased equipment ends
B.With respect to the insurance afforded these additional insureds, the following additional exclusions
apply.
This insurance does not apply:
1. To any'occurence"which takes place after the equipment lease expires;
2. To "bodily injury"or "property damage"ansmg out of the sole negligence of such person or
organization.
Page 5
M68687
I
POLICY NUMBER GL 2079593819 COMMERCIAL GENERAL LIABILITY
ENDT. NO.P7 CG 20 15 11 88
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - VENDORS
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization(Vendor):
Your Products:
"ALL VENDORS"AND"ALL PRODUCTS OF SPRINT CORPORATION AND ENTITIES AS
DEFINED AS A NAMED INSURED"
(if no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to
thus endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization
(referred to below as vendor) shown in the Schedule, but only with respect to'bodily injury"or"property
damage" arising out of "your products"shown in the Schedule which are distributed or sold in the regular
course of the vendor's business, subject to the following additional exclusions
1 The Insurance afforded the vendor does not apply to.
a "Bodily injury" or"property damage"for which the vendor is obligated to pay damages
by reason of the assumption of liability in a contract or agreement This exclusion does
not apply to liability for damages that the vendor would have in the absence of the contract or
agreement,
to Any express warranty unauthorized by you;
c.Any physical or chemical change in the product made intentionally by the vendor,
d Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing,
or the substitution of parts under instructions from the manufacturer, and then repackaged in
the original container;
e.Any failure to make such inspections, adjustments,tests or servicing as the vendor has
agreed to make or normally undertakes to make in the usual course of business, in connection
with the distribution or sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed
at the vendor's premises in connection with the sale of the product,
g. Products which,after distribution or sale by you, have been labeled or relabeled or used
as a container, part or ingredient of any other thing or substance by or for the vendor
2.This insurance does not apply to any insured person or organization,from whom you have acquired
such products, or any ingredient, part or container, entering into, accompanying or containing such
products.
Page 6
CG 20 15 11 88
M68661
POLICY NUMBER: GL2 0795 93 81 9 COMMERCIAL GENERAL LIABILITY
ENDT. NO. P5 CG 2012 07 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-
STATE OR POLITICAL SUBDIVISIONS-PERMITS
This endorsement modifies insurance provided under the following-
COMMERCIAL GENERAL LIABILITY COVERAGE PART
REFER TO ADDITIONAL INSURED SCHEDULE
SCHEDULE
STATE OR POLICTICAL SUBDIVISION: IF ANY
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
Section II --Who Is An Insured is amended to include as an insured any state or political subdivision
shown in the Schedule,subject to the following provisions.
1. This insurance applies only with respect to operations performed by you or on your behalf for which the
state or political subdivision has issued a permit
2 This insurance does not apply to:
a. "Bodily Injury," "Property Damage"or" Personal and Advertising Injury"arising out of
operations performed for the state or municipality,or
b. "Bodily Injury" or"Property Damage" included within the"products-completed operation
hazard".
it
Page 7
M68662
POLICY NUMBER GL 2079593819 COMMERCIAL GENERAL LIABILITY
ENDT.NO.P23 CG 20 11 01 96
THIS ENDORESEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - MANAGERS OR LESSORS OF
PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. Designation of Premises(Part Leased to You) IF ANY
2. Name of Person or Organization (Additional Insured) IF ANY
3. Additional Premium; INCLUDED
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section II is amended to This insurance does not apply to:
include as an insured the person or organization
shown in the Schedule but only with respect to 1 Any'occurrence"which takes place after
liability arising out of the ownership, maintenance you cease to be a tenant in that premises.
or use of that part of the premises leased to you
and shown in the Schedule and subject to the 2 Structural alterations, new construction
following additional exclusions or demolition operations performed by or
on behalf of the person or organization
shown in the Schedule
Page 8
CG 2011 1185
I
M68866
POLICY NUMBER: GL 2079593819 COMMERCIAL GENERAL LIABILITY
ENDT.NO. P8
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS- SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
"ALL PREMISES AND/OR ORGANIZATIONS FOR WHOM ADDITION AS ADDITIONAL INSURED
USING THIS FORM IS SPECIFICALLY REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT".
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement)
A. Section 11-Who Is An Insured is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of your ongoing operations
performed for that insured
B.With respect to the insurance afforded to these additional insureds,the following exclusion is added:
2. Exclusions
This insurance does not apply to"bodily injury"or"property damage" occurring after:
(1)All work, including materials, parts or equipment furnished in connection with
such work, on the project(other than service, maintenance or repairs)to be
performed by or on behalf of the additional insured(s)at the site of the covered
operations has been completed, or
(2)That portion of"your work" out of which the injury or damage arises has been put
to its intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
Page 9
M68709
ENDORSEMENTJJ
AUTOMATIC ADDITIONAL INSURED
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Only as respects any Nextel Corporation or any Nextel Corporation subsidiary contract,the following
provision is added to Who Is An Insured(SECTION II)
A.Any entity you are required in a written "insured contract"to name as an insured (hereinafter"additional
insured") is an insured but only with respect to liability arising out of your premises, "your work"for the
"additional insured", or acts or ommissions of the"additional insured"in connection with the general
supervision of'your work"to the extent set forth below
1.The limits of insurance provided on behalf of the "additional insured"are not greater than
those required by such contract
2.The coverage provided to the "additional insured(s)" is not greater than that customarily provided
by the policy forms specified in and required by the contract.
3 Notwithstanding the foregoing,
a. All insuring agreements,exclusions, conditions and other terms of the policy apply; and
b. In no event shall the coverages or limits of insurance of the policy be increased by such
contract
B.The insurance afforded by this endorsement does not apply:
a. Unless required by the written "insured contract",to"bodily injury"or"property damage"
included within the "products-completed operations hazard"
b.To "bodily injury" or"property damage"arising out of any act or omission of the"additional
insured(s)"or any of their employees,other than the general supervision of work performed for
the "additional insured(s)" by you
c.To "property damage"to:
(1) Property owned, used or occupied by, or rented to the "additional insured(s)";
(2) Property in the care, custody or control of the"additional insured(s)"or property
for which the"additional insured(s)" is for any purpose excercising physical control;or
(3)"Your work"for the "additional insured(s)".
C.Any coverage provided hereunder shall be excess over any valid and collectible insurance available
to the"additional insured(s)" whether primary, excess,contingent or any other basis unless an
"insured contract" requires that this insurance be primary or you request that it apply on a
primary basis.
This endorsement is part of your policy and takes effect on the effective date of your policy, unless
another effective date is shown below.
Must be completed Completed Only When This Endorsement Is Not Prepared
With the Policy Or Is Not to be Effective with the Policy
ENDT. NO
. POLICY NO. ISSUED T0: EFFECTIVE
DATE OF THIS
ENDORSEMENT
JJ G L 2079593819 08/12/2005
Page 10
M68676
ENDORSEMENTS
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001(10-01)
SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS
PARAGRAPH 8-TRANSFER OF RIGHT OF RECOVERY AGAINST OTHERS TO US IS AMENDED TO
READ
IF THE INSURED HAS RIGHTS TO RECOVER ALL OR PART OF ANY PAYMENT WE HAVE MADE
UNDER THIS COVERAGE PART, THOSE RIGHTS ARE TRANSFERRED TO US THE INSURED
MUST DO NOTHING AFTER THE LOSS TO IMPAIR THEM AT OUR REQUEST, THE INSURED WILL
BRING "SUIT'OR TRANSFER THOSE RIGHTS TO US AND HELP US ENFORCE THEM. WE WAVE
OUR RIGHTS TO RECOVER ALL OR PART OF ANY PAYMENTS WE HAVE MADE WHENEVER THE
INSURED IS REQUIRED BY CONTRACTUAL AGREEMENT TO PROVIDE SUCH WAIVER.
This endorsement is part of your policy and takes effect on the effective date of your policy, unless
another effective date is shown below.
Must be Completed Completed Only When This Endorsement Is Not Prepared
With the Policy Or Is Not to be Effective with the Policy
ENDT. NO. POLICY NO. ISSUED TO EFFECTIVE
DATE OF THIS
S GL2079593819 EN08 2/2E 05NT
Page 11
rsecei
ENDORSEMENT U
DEFINITION OF INSURED CONTRACT
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM CA 00 01 1001
SECTION II- LIABILITY COVERAGE
PARAGRAPHA COVERAGE
SUBPARAGRAPH 1. WHO IS AN INSURED IS AMENDED BY ADDING THE FOLLOWING:
d THE WORD"INSURED"INCLUDED ANY OTHER PERSON OR ORGANIZATION PROVIDED
THAT YOU ARE OBLIGATED BY VIRTUE OF ANY WRITTEN AGREEMENT OR CONTRACT
TO PROVIDE INSURANCE SUCH AS IS AFFORDED BYTHIS POLICY, BUT ONLY AS
RESPECTS OPERATIONS BY YOU OR ON YOUR BEHALF, INCLUDUNG THE OWNERSHIP,
MAINTENANCE, OR USE OF A COVERED"AUTO"BY YOU.
This endorsement is part of your policy and takes effect on the effective date of your policy, unless
another effective date is shown below
Must be Completed Completed Only When This Endorsement Is Not Prepared
With the Policy Or Is Not to be Effective with the Policy
ENDT NO POLICY NO. ISSUED TO EFFECTIVE
DATE OF THIS
ENDORSEMENT
U BUA 2079593836 08/12/2005
Page 12
M68669
ENDORSEMENT Q
TRANSFERS RIGHTS OF RECOVERY
THE ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM CA 00 01 1001
SECTION IV-BUSINESS AUTO CONDITIONS
PARAGRAPH A. LOSS CONDITIONS
SUBPARAGRAPH 5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US IS
AMENDED TO READ AS FOLLOWS
IF ANY PERSON OR ORGANIZATION TO OR FOR WHOM WE MAKE PAYMENT UNDER THIS
COVERAGE FORM HAS RIGHTS TO RECOVER DAMAGES FROM ANOTHER, THOSE RIGHTS ARE
TRANSFERRED TO US.THAT PERSON OR ORGANIZATION MUST DO EVERYTHING NECESSARY
TO SECURE OUR RIGHTS AND MUST DO NOTHING AFTER "ACCIDENT'OR "LOSS'TO IMPAIR
THEM HOWEVER, WE WAIVE OUR RIGHTS TO RECOVER ALL OR PART OF ANY PAYMENTS WE
HAVE MADE WHENEVER THE 'INSURED" IS REQUIRED BY CONTRACTUAL AGREEMENT TO
PROVIDE SUCH WAIVER.
This endorsement is part of your policy and takes effect on the effect date of your policy, unless another
effective date is shown below
Must be Completed Completed Only When This Endorsement Is Not Prepared
With the Policy Or Is Not to be Effective with the Policy
ENDT. NO. POLICY NO. ISSUED TO EFFECTIVE
DATE OF THIS
ENDORSEMENT
Q BUA 2079593836 08/12/2005
Page 13
M886&4
Sprint Sprint Nextel
10545 Willows Rd NE,Suite 100
Together with NEXTEL Redmond,WA98052
July 24, 2006
VIA COURIER - FEDERAL EXPRESS
Tracking k 7900 0950 1667
City of Kent
220 Fourth Avenue South
Kent,WA 98032
Attention Facilities Manager
�E: commencement
Nextel Site Reference: WA0738-A-Reith Road
Landlord Site Reference: West Fenwick Park
Property Address: 42 Ave S & Reith Road, Kent,WA 98032 Parcel #272204-9005-05
Dear Sir/Madam:
Nextel hereby provides notice that pursuant to the provisions of the Communications Site Lease Agreement [the
"Agreement"], dated Wednesday, June 21, 2006, between CITY OF KENT, Washington municipal corporation, as
Landlord, and NEXTEL WEST CORP , a Delaware corporation, d/b/a NEXTEL COMMUNICATIONS, as Tenant, the
Agreement will commence upon Start of Construction or on Wednesday, March 21, 2007 Accordingly the
commencement date shall be Friday,June 30,2006
Enclosed you will find the following-
1 Two(2)Commencement Letters. Please acknowledge your receipt of this package by signing both letters and
returning one original in the enclosed self-addressed envelope for our records Please retain the second original
for your records
2 A Landlord Contact Information Sheet Please complete this form and return in the enclosed self-addressed
envelope
3 A Nextel Contact Information Sheet, containing helpful information for contacting Nextel Please retain for your
records
4 A Copy of the Memorandum of Insurance Please retain for your records
5 An RF Awareness Letter,containing helpful information on radio frequency safety. Please retain for your records
Pursuant to the Agreement, you should receive your first rent check within 15 business days of commencement Please
be advised that Nextel uses an automated recurring payment system,therefore, monthly invoices will not be required
Please feel free to contact me regarding any issues concerning the Agreement. You may reach me by phone at
(425)278-2186 or via email at sabrina lancaster@sprint com When communicating with our office, please refer to the
Nextel site reference number(WA0738-A-Reath Road)
We look forward to a long and mutually beneficial relationship Thank you for your cooperation and assistance.
Sincerely, Acknowledged,Agreed and Accepted
Nextel West Corp
By
—�� Title*
Sabrina Lancaster
West Region Real Estate Date*
Enclosures
cc Site File
City of Kent,220 Fourth Avenue South,Kent,WA 98032 Attn City Clerk
Please sign as Acknowledged,Agreed and Accepted,and return this copy for our records.
r i 5 rint Nextel
Sprint p
10545 Willows Rd NE,Suite 100
Together with NEXTEL Redmond,WA98052
July 24, 2006
VIA COURIER - FEDERAL EXPRESS
Tracking#790D 0950 1667
City of Kent
220 Fourth Avenue South
Kent,WA 98032
Attention, Facilities Manager
RE: Commencement
Nextel Site Reference: WA0738-A-Reath Road
Landlord Site Reference: West Fenwick Park
Property Address: 42 Ave S & Reith Road, Kent,WA 98032 Parcel # 272204-9005-05
Dear Sir/Madam.
Nextel hereby provides notice that pursuant to the provisions of the Communications Site Lease Agreement [the
Agreement"], dated Wednesday, June 21, 2006, between CITY OF KENT, Washington municipal corporation, as
Landlord, and NEXTEL WEST CORP , a Delaware corporation, d/b/a NEXTEL COMMUNICATIONS, as Tenant, the
Agreement will commence upon Start of Construction or on Wednesday, March 21, 2007 Accordingly the
commencement date shall be Friday,June 30,2006
Enclosed you will find the following
1. Two(2) Commencement Letters Please acknowledge your receipt of this package by signing both letters and
returning one original in the enclosed self-addressed envelope for our records Please retain the second original
for your records
2. A Landlord Contact Information Sheet Please complete this form and return in the enclosed self-addressed
envelope
3 A Nextel Contact Information Sheet,containing helpful information for contacting Nextel Please retain for your
records
4. A Copy of the Memorandum of Insurance. Please retain for your records
5 An RF Awareness Letter,containing helpful information on radio frequency safety Please retain for your records
Pursuant to the Agreement, you should receive your first rent check within 15 business days of commencement Please
be advised that Nextel uses an automated recurring payment system,therefore, monthly invoices will not be required
Please feel free to contact me regarding any issues concerning the Agreement You may reach me by phone at
(425)278-2186 or via email at sabrina lancaster@sprint com When communicating with our office, please refer to the
Nextel site reference number(WA0738-A-Reath Road)
We look forward to along and mutually beneficial relationship Thank you for your cooperation and assistance.
Sincerely, Acknowledged, Agreed and Accepted
Nextel West Corp
By
Title
Sabrina Lancaster
West Region Real Estate Date.
Enclosures
cc Site File
City of Kent,220 Fourth Avenue South,Kent,WA 98032 Attn City Clerk
Please sign as Acknowledged,Agreed and Accepted,and retain this copy for your records
CONTACT INFORMATION SHEET
SITE: WA0738-A-Relth Road
PROPERTY: 42 Ave S & Reith Road, Kent,WA 98032 Parcel #272204-9005-05
LEASE/ADMINISTRATIVE REPRESENTATIVE:
Please specify whom we should contact regarding lease/administrative Information
Name
Title:
Company
Address-
Phone: Fax-
Email
SITE ACCESS INFORMATION:
Please specify whom we should contact regarding site access Information
Name
Title:
Company
Address
Phone Fax
Email
EMERGENCY CONTACT INFORMATION:
Please specify whom we should contact after hours or in an emergency
Name
Title.
Company
Address
Phone Fax-
After Hrs#: Pager
Email-
Date Printed July 24,2006
SPRINT NEXTEL CONTACT INFORMATION SHEET
SITE: WA0738-A-Reath Road
PROPERTY: 42 Ave S & Reith Road, Kent,WA 98032 Parcel# 272204-9005-05
LOCAL OFFICE MAILING ADDRESS:
Please forward all communications to the address listed below
Nextel West Corp
10545 Willows Rd NE, Suite 100 d
Redmond,WA 98052
Attn Real Estate—(W A0738)
NOTICE OR DEMAND MAILING ADDRESS:
Pursuant to the Agreement,please forward all notice or demands to the addresses listed below
Nextel West Corp With a copy to Nextel West Corp
1255 Treat Blvd,Suite 800 2001 Edmund Halley Drive
Walnut Creek,CA 94597 Reston,VA 20191-3436
Attn Manager, Real Estate-WA0738-A-Reath Road 2m Floor,Mail Stop 2E225
Attn SLS,Contracts Manager-WA0738-A-Reith
Road
WEST REGION REAL ESTATE:
Primary contact for general information and physical site issues
Phone (800) 275-9084
AGREEMENT ADMINISTRATION:
Primary contact for agreement administration,insurance,rent issues,utilities and insurance
Name Sabrina Lancaster, Consultant
Title: Property Specialist
Phone: (425)278-2186 Fax (925)476-0528
Email sabrina lancaster@sprint corn
24-HOUR EMERGENCY OPERATIONS CENTER:
This number should only be used in the event of an after hours emergency
Phone (888) 363-9835
Date Printed July 24,2006
Sprint p Sprint Nextel
10545 Willows Rd NE,Suite 100
Together with NEXTEL Redmond,WA98052
July 24, 2006
VIA COURIER - FEDERAL EXPRESS
Tracking#7900 0950 1667
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attention Facilities Manager
y Memorandum oflnsurance
Nextel Site Reference: WA0738-A-Reath Road
Landlord Site Reference: West Fenwick Park
Property Address: 42 Ave S & Reath Road, Kent, WA 98032 Parcel#272204-9005-05
Dear Sir/Madam.
Today's technology has given us the opportunity to expand and enhance how Nextel Communications delivers insurance
information to you After considerable review and discussion, we have decided to discontinue the issuance of
individualized Certificates of Insurance We made our decision based on the significant time and resources required to
handle over 17,000 liability certificate requests each year
We will replace paper certificates with an online Memorandum of Insurance ('MOI") The MOI can be viewed and printed
any time you need this information This will not in any way affect your status as an additional insured on our liability
policies
As of April 1,2004, you may obtain information about Nextel's liability insurance coverage from the MOI on the following
websile
http://www.sprint.com/MoiNextell
You will be asked to read and agree to the terms and conditions of service prior to printing or viewing Nextel's MOI
Should you have any questions or require a liability Certificate of Insurance in lieu of the MOI, please contact Nextel's
insurance broker Contact information is available via the MOI web site In order to expedite your inquiries please use the
t email address or fax number provided
Thank you for helping Nextel streamline this time-consuming process
Regards,
Sabrina Lancaster
West Region Real Estate
�.l
Sprint Sprint Nextel
10545 Willows Rd NE,Suite 300
Together with NE)Frfl.
Redmond,WA 98052
July 24,2006
COURIERVIA # 09 5 FEDERAL EXPRESS
Track
667
City of Kent
220 Fourth Avenue South
Kent,WA 98032
Attention Facilities Manager
xm a -
- tE�- ftf Awareness Letter
WA0738-A-Re+th Road
Nextel Site Reference: West Fenwick Park
Landlord Site
eeference, 42 Ave S &Reith Road, Kent,WA 98032 Parcel# 272204 9005 0
Property
Dear Sn[Madam: provide them and their
site
who regularly workers hw helpful
kfat
all landlords of Nextel antenna sites to p You may know, people must be made aware of
We are contacting emissions ("RF") safety sites, managers and/or
facilities and rooftop applicable site
information on radio-frequency our site(s), such as air
communication sites, especially those who maintain buddingma maintenance serviced at y
affect them Therefore, please share this information with all app
RF and how it may he herel n tower or building
other personnel who regularly p nderstand RF issues, you should not neeod willdnevertheless
workers and window washers. Because we expect that other telecommunications
eve y nications license
conditioning repair advice, we
While Nextel cannot provide you with legal or regulatory
and communications-related site workers already
letter to them- emitted from
find the information helpful. governing RF energlnternet site at
FCC") has established rules g the FCC's a set of
reviewing to RFC
The Federal Communications Como learn more about these rules by regulations relating to
RF document
antenna sites We encourage Y
ovloetlrfsafety This web site contains the FCC's rules an reg Engineering and
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e uently asked questions and anaVerfurthe�rqueistons on Yuman exposure to Rfree at 1 888-CALL-FCC 0-888-
fr q
entitled OET Bulletin 65 if you h
Technology in Wash DC, or call the FCC's consumer information ire, our personnel should
225-5322). suggested by the FCC, you and y
I with the FCC's
b observing certain simple precautions sugg site has a
As you will see, Y trance and Safety Program is designed to fully comp
be safe from RF harm olN xt including mp the FCC does not mandate any one
the FCC-mandated limits on RF emissions. Because eve
RF safety rules and pprecautions (1) let site tenants such
of generally suggests the following p our authorized site workers
different configuration
Therefore, thetFCCtgrent coy don't let anyone other than don't let your tower or rooftop
RF safety pro our site(s), O ignand (3) posted at the site
as Nextel post RF notice signs at Y point of the RF notici red n any RF notice signs p
approach any closer to an antenna than the
workers come any closer to the antennas th Nextel e distances
nsure RF safety at all of our sites
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tyres some follow-up on your part, we consider such a step p
Although distributing his letter
building workers and the general public.
ensure the safety of y
S � k Sprint Nextel
10545 Willows Rd NE,Suite 100
Together with NEXTEL Redmond,WA 98052
Office (425)278-7400
June 16, 2006
VIA FEDERAL EXPRESS
Tracking#7909 6051 5758
Shane Gilbertson
City of Kent
Parks and Open Space
220 Fourth Avenue South
Kent, WA 98032
RE: Bond # 6413732 for Nextel Project # WA0738
a
Nextel Site Reference: WA0738A-Reath Road
Property Address: 42 Ave S & Reith Road, WA 98038
Dear Mr Gilbertson;
y
Pursuant to the requirements of Paragraph 5(c) of the Lease Agreement naming the CITY OF KENT,
Washington municipal corporation as Landlord, and NEXTEL WEST CORPORATION, a Delaware
corporation, d/b/a Nextel Communications as Tenant, please see the enclosed Removal Bond number ,
6413732 in the amount of $15,000 00 posted by our surety company, SAFECO Insurance Company of
America
It is my understanding this bond is a necessary document prior to the signing of the Lease by City of Kent.
For any concerns regarding the Lease Agreement, please continue to utilize our Leasing Representative, Bill
North @ (425) 876-2909 or via email at billnorth @ northgroup net
Please feel free to contact me regarding any issues concerning this bond You may reach me by phone at
(425)278-2186 or via email at sabnna lancaster@sprint com When communicating with our office, please
refer to the Nextel site reference number (WA0738A-Reath Road)
Thank you for your assistance A
Sincerely,
Nextel Communications
-�
Sabrina Lancaster
Real Estate Manager, PNW
cc Site File
Enclosures Bond#6413732
y
TOWERISTRUCTURE REMOVAL BOND
Bond Number 6413732
KNOW ALL MEN BY THESE PRESENTS, THAT Nextel West Corp., as Principal, and SAFECO
Insurance Company of America, a corporation duly organized under the laws of the State of Washington, as
Surety, are held and firmly bound unto City of Kent, 220 Fourth Avenue South, Kent,WA 98038, as Obligee, in
the sum of Fifteen Thousand And 00/100 Dollars ($15,000.00) lawful money of the United States, 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 entered into a written agreement with the property owner for the
placement of a tower or structure furnishing telephone, television or other electronic media service, which
agreement sets forth the terms and conditions which govern the use of such towers or structures and which
agreement is hereby specifically referred to and made part hereof, and
WHEREAS, the City of Kent, WA requires the submission of a bond guaranteeing the maintenance,
replacement, removal or relocation of said tower or structure located at 42 Ave S & Reith Road, Kent,WA 98038
-Site ID#WA0738A
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall
perform in accordance with the aforesaid ordinance and/or agreement, and indemnify the Obligee against all loss '
caused by Principal's breech of any ordinance or agreement relating to maintenance, replacement, removal or
relocations of a tower or structure, then this obligation shall be void, otherwise to remain in full force and effect
unless cancelled as set forth below
THIS BOND may be cancelled by Surety by giving thirty (30) days written notice to the Obligee by
registered mail Such cancellation shall not affect any liability the Surety may have or incurred under this bond
prior to the effective date of the termination Provided that no action, suit or proceeding shall be maintained
against the Surety on this bond unless action is brought within twelve (12) months of the cancellation date of this
bond
THIS BOND signed, sealed, dated on the 12th day of June, 2006 This bond is effective the 09th
day of June, 2006
Nextel West Corp
By:
((,,,�� Principal
�+{ganc��, 1Zi3k �(q✓acguF,tir
SAFECO Insurance Company of America
-Surety
By ---
Kristy M Barber, ttorney-In-Fact -
J
m
POWER Safeco Insurance Companies
OF ATTORNEY Po Box WA 9
Seattle,WA 8124•1526
No 2612
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
M TURNER,Odessa,Missouri,ROY R YANCEY,Overland Park, Kansas,KEITH A STILES,Kansas City, Missouri,
KRISTY M BARBER,Gardner,Kansas»"..«,».,..,«.«,,........».«....»
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 10th day of August 2005
STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA
"Article V,Section 13 -FIDELITY AND SURETY BONDS the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-m-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided,
however,that the seal shall not be necessary to the validity of any such instrument or undertaking"
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 ,
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(m) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof"
I, Stephanie Daley-Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do
hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued
pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 12th day of June 2006
49 U Cpl�ppy� JCOMp�y
ra
CdiIOAATE
� EAL s SEAL � a.u, 01
c�h I953 �
`� WitSt `o(Wa5►� STEPHANIE DALEY-WATSON,SECRETARY
S-0974/DS 4105 Safeco and the Safeco logo are registered trademarks of Safeco Corporation
WEB PDF
6
NOTICE OF BOND SAFECO Insurance Company
CANCELLATION Se Box WA 9
Seattle,WA 8124-1526
CC NEXTEL WEST CORP CERTIFIED-RRR
MARSH USA INC 30-9224
(OBLIGEE'S NAME/ADDRESS) RECEIVED
TO. CITY OF KENT JUN 2 3 2008
220 FOURTH AVENUE SOUTH
KENT WA 98038 KENT LAW DEP .
You are hereby notified that r SAFECO INSURANCE COMPANY OF AMERICA Surety upon
ioo
Type of Bond. TOWER REMOVAL AT 42 AVENUE S AND REITH ROAD, KENT, WA.
98038-SITE WA0738A
Bond No 6413732
date effective 06/09/2006
(MONTH DAY YEAR)
on behalf of (PRINCIPAL'S NAME/ADDRESS)
NEXTEL WEST CORP
6391 SPRINT PARKWAY
OVERLAND PARK KS 66251
desires to cancel and does hereby cancel said bond in accordance with the cancellation provisions contained therein or in
applicable laws or regulations This notice is
mailed to you on JUN 18 2008
(MONTH,DAY,YEAR) - -
and is effective I JUL 2 3 2008
SAFECO IN CE COMPANY OF AMERICA
By
(ATTORNEY-IN-FACT)
Cancellation Acknowled oedPLE SIGN,PRINT NA ,TITLE,AND RETURN THE DUPLICATE OF THIS NOTICE)
By cow
(PRINT) (TITIE)
(SIGN) SEAL $
Dated s� t8533
(MONTH,DAY,YEAR) VP
CANCEL REASON CN -AGENT REQ-REWRITING WITH DIFF SURETY-CONTACT KRISTY 816-556-4318
S-12091SAEF 5103 Safeco®and the Safeco logo are trademarks of Safeco Corporation
IFD
Simmons, Mary
From: Ely, Mariane
Sent: Thursday, July 02, 2009 9 21 AM
To: Simmons, Mary
Subject: FW Leasehold Tax Centrally Assessed
Hi Mary, here's the DOR confirmation for centrally assessed Leasehold Tax accounts.
Please scan/attach to the following leases:
Verizon Wireless (VAW), LLC:
Centennial Bldg, 400 W. Gowe
T-Mobile USA, Inc.:
Centennial Bldg, 400 W. Gowe
Wilson Playfield, 13028 S.E. 251st St.
Pump Station #5, 23825 98th Ave. S.
Riverbend Driving Range, 2020 W. Meeker
Cingular Wireless:
West Fenwick Park, 3824 Reith Road
Pending confirmation:
Sprint Spectrum (prev. Qwest Wireless/US West Wireless) - Blue Boy lease.
Thanks Mary,
Mariane x5233
-----Original Message-----
From: Valdez, Keith (DOR) [mailto:KeithV@DOR.WA.GOV]
Sent: Tuesday, June 30, 2009 9:20 AM
To: Ely, Mariane
Subject: RE: Leasehold Tax Centrally Assessed
Hi Mariane,
Verizon Wireless, T-Mobile USA & Cingular Wireless are centrally assessed. Qwest Wireless LLC is
not and would be subject to Leasehold Excise Tax if they are leasing public property.
Requests to verify if a company is centrally assessed should be sent directly to me or Jeff
Nelson, JeffN@dor.wa.gov.
Thank you,
Keith Valdez
Special Programs Division
Washington State Department of Revenue
(360) 570-3251
-----Original Message-----
i
From: Ely, Manane [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)
Venzon 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
melyCcbci.kent.wa.us
2
Sprint
Madstop KSOPHT01 01-Z2650
6391 Sprint Parkway
Overland Park, KS 66251-2650
Toll Free (800)357-7641
Facsimile (913) 523-9735
Email LandlordSolutions@Sprint com
September 13, 2013
Via UPS# 1 Z A90 OV7 02 0197 1030 REVISED
Facilities Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Re Revised Notice of Assignment
Agreement: Lease Agreement dated June 21, 2006
Landlord: City of Kent
Tenant: Nextel West Corp.
Nextel Site ID: WA0738-A
Sprint Site ID: SE73XC074-A
Site Address: 4200 Reith Road, Kent, Washington 98032
To Whom It May Concern:
Pursuant to Section 29 d of the Lease Agreement dated June 21, 2006 ("Agreement"), by and between City of Kent
(Landlord) and Nextel West Corp (Tenant), Nextel hereby notifies you of its assignment of the Agreement to Sprint
Spectrum L P
Sprint Spectrum L P and Nextel West Corp are both wholly owned members of the same controlled group Sprint
Corp , so Nextel has the right, under the Agreement, to assign the Agreement to Sprint.
Please indicate your receipt of this Notice of Assignment by signing below and return this original document back to me
The second original should be retained for your records For your convenience, enclosed please find a self-addressed,
stamped envelope If you require additional information, please feel free to contact our Landlord Solutions team toll-free
at (800) 357-7641
Thank you for your cooperation in this matter.
Sincerely,
Laurie Anderson
Real Estate Manager
Cc City Clerk
LANDLORD ACKNOWLEDGEMENT:
Landlord hereby acknowledges receipt of this Notice of Assignment of the Agreement by Nextel to Sprint
Spectrum L P As of the effective date of such assignment, Nextel West Corp shall be relieved of, and Sprint
Spectrum L P. shall assume, all performance, liabilities and obligations under the Agreement
ti
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