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L011-09 - Original - Sprint Spectrum Realty Company, L.P - 11302 SE 236th9 Place - 5/31/18
CITY CLERK CITY OF KENT KENT 220 4th Avenue South W A S H I N G T O N Kent, WA 98032 Fax: 253-856-6725 PHONE: 253-856-5725 Lease Agreement Cover Sheet This document is to be used in lieu of the Contract Cover Sheet SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: L011-09 (to be completed by Clerk's Office) 1. Responsible Department/Division: PW/Water 2. Contact Person and Title: Michelle Novak for Sean Bauer Telephone Extension: 5544 3. Tenant (Customer) Name: Sprint Spectrum Realty Company, L.P. 4. Tenant (Customer) Number: 69680 5. General Ledger Account Number: 41005550.56260 & 10001520.54195 6. King County Tax Parcel Number: 172205-9184 7. Address of Parcel: 11302 SE 236th Place 8. Type of Lease: Site Lease Acknowledgement 9. Council Authorization Date: n/a 10. Mayor Signature Date: 5/31/2018 SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 5/31/2018 12. Tenant Lease Option Renewal Notification Due Date: n/a 13. Lease Termination Date: 09/30/18 14. Lease Duration: 4 months SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: $6000 plus $2000 admin fee 16. Rent Due Date: 05/31/2018 17. Calculation of Rental Increase(s): n/a Lease Agreement Cover Sheet—Page 1 of 2 SECTION 4 - LEASEHOLD EXCISE TAX: 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 UTILITIES: 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: ❑ Sewer: ❑ Drainage: ❑ Garbage: ® Electricity/Natural Gas: SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: n/a 23. Late Interest: n/a SECTION 7 - OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc ® None (check box if no considerations) Lease Agreement Cover Sheet—Page 2 of 2 Network Real Estate Website:https:HLandlordSolutions.Sprint.com Mailstop:KSOPHT0101-Z2650 Toll Free:(800)357-7641 6391 Sprint Parkway Overland Park,KS66251-2650 Sprint® works for me- DOCUMENT TRANSMITTAL COVER SHEET To:Christina M.Schuck,Assistant City Attorney From: Bobbe Jeffers Company: City of Kent, Washington Date: May 17, 2018 Site: Verizon—SEA Arbor Village Sprint Site No: SE60XC302-02 Re: Partially Executed Site Lease Acknowledgment Via: Fed Ex,tracking#4392 1049 2937 220 Fourth Avenue South Kent,WA 98032 Attached please find the following: 4-Partially Executed Site Lease Acknowledgments Christina, Enclosed are four partially executed originals of the Site Lease Acknowledgment for site SEA Arbor Village/SE60XC302. Please return one fully executed original to my attention at the following address: Bobbe Jeffers Sprint Corporation 6450 Sprint Parkway Mailstop: KSOPHN0414-4B260 Overland Park, KS 66251 I will be out next week on vacation but will be checking emails and voicemails if there is an urgent issue. I can be reached at 913-762-0807 or bobbe.l.jeffers@sprint.com. I Best Regards, J3Qb6 je ffxm Bobbe Jeffers Real Estate Manager 6450 Sprint Parkway Overland Park, KS 66251 Site Lease Acknowledgment This Site Lease Acknowledgment ("SLA") is made pursuant to and subject to that certain Master Sublease Agreement dated April 20, 2001 between Sprint Spectrum L.P., a Delaware limited partnership, as landlord, and Cellco Partnership, a Delaware general partnership,d/b/a Verizon Wireless, as tenant, as subsequently amended by Amendment to Master Sublease Agreement dated May 16,2002, Second Amendment to Master Sublease Agreement dated February 6, 2004, Third Amendment to Master Sublease Agreement dated May 19, 2006, and Fourth Amendment to Master Sublease Agreement dated October 30, 2006 (collectively,the "Agreement"). This SLA is entered into by and between Sprint Spectrum Realty Company, LLC, a Delaware limited liability company,which is an Authorized Landlord as defined in Section 25.1 of the Agreement, hereinafter designated as"Landlord",and Seattle SMSA Limited Partnership d/b/a Verizon Wireless,which is an Authorized Tenant as defined in Section 25.2 of the Agreement,hereinafter designated as "Tenant". This SLA shall be made effective as of the date the last party hereto executes this SLA as indicated below("Effective Date"). The Agreement is incorporated into this SLA as if such Agreement is more fully set forth hereinafter at length. Unless otherwise defined herein, all capitalized terms have the meanings ascribed to them in the Agreement. 1. Subject to the terms of the applicable Ground Lease which is attached hereto and incorporated herein as Attachment 4, Landlord subleases to Tenant a portion of the Site as follows: Premises Address: 11228 SE 236th Place, Kent, WA 98031 Premises Legal Description: See Attachment 1 Site Size: (20' x 19') 380 Total Sq. Ft.; together with the non-exclusive right for ingress and egress,on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires,poles, cables,conduits and pipes over, under or along a right-of-way extending from the nearest public right-of-way to the Premises,the right-of-way for access being substantially as described in Attachment 3 to this SLA attached hereto and made a part hereof. 2. Tenant has the right to install,maintain and operate,without cost to Landlord,the Communications Facility described in the following specifications and at the following locations on the Site: Landlord's Site Number: SE60XC302-02 Tenant's Site Reference Number: SEA Highfive Manufacturer and Type-Number: SC 2 - 190B (TR)microwave dishes Number of Microwaves: (2) Weight and Dimension of Microwaves: 24"diameter/201bs. SEA ARBOR VILLAGE { 4824-1890-4408v.3 0052051-000032 Manufacturer and Type-Number: 95MPR18-Q2048A50-427 Integrated ODU Number of ODU's: (2) Weight and Dimension of ODU's: 9.25"x 9.25" x 5.9"/ 13.2 lbs. Number of Transmission Lines: (2) Diameter and Length of Transmission Lines: CAT5e lines, length 112' Mount: Ring mount Location of Antenna(s) on Antenna Support Structure(as described in Attachment 2): 102' Direction of Radiation: 272.31-42.77 Ground Space Dimensions (as described in Attachment 3): 4.5' x 2.5' (11.25 square feet) Frequencies/Max. Power Output: 17.7 GHz to 19.7 GHz 59.50 EIRP 39 dBi 3. The Fee due and payable by Tenant to Landlord is Three Hundred Twenty-Five Dollars and Eighty-One Cents($325.81). The Fee for the Premises will be adjusted annually on the anniversary date of the Commencement Date of this SLA by an amount equal to three percent (3%) of the annual Fee for the previous year. All payments to Landlord must reference the Landlord Site Number(SE60XC302-02) and are to be delivered via US Postal Service to the following address: Sprint PO Box 876783 Kansas City,MO 64187-6783 4. Subject to the Ground Lease,the SLA Initial Term commences on the Commencement Date and expires on September 30, 2018, and Tenant will have five (5) consecutive SLA Renewal Terms of five (5)years each, subject to the provisions of Section 9 below. The Commencement Date of this SLA is May 1, 2018. 5. The parties acknowledge that Landlord's rights in the Site derive from a certain agreement dated June 4,2004, as amended,between Landlord, successor in interest to Qwest Wireless, L.L.C., and City of Kent("Land Owner"), hereinafter referred to as the"Ground Lease" and attached hereto as Attachment 4 to this SLA. 6. The consent of the Land Owner to the SLA is required and the executed Land Owner's Consent is attached hereto as Attachment 5 to this SLA. 7. Any notice or demand required to be given in the Agreement will, in addition to the parties identified in Section 27.7 be given to the following Authorized Landlord: 2 if SEA ARBOR VILLAGE 4824-1890-4408v.3 0052051-000032 ` , N/A 8. The list of contact persons is set forth on Attachment 6 to this SLA. 9. AdditionaI Provisions. 9.1) Land Owner hereby gives consent to Tenant to install the temporary facilities as described in Section 2 above and depicted in Attachment 2, conditioned upon the following: a. that Tenant has obtained all necessary permits; b. that Tenant does not disrupt or interfere with Landowner operations or construction on the sites; c. that the temporary facilities are confined to the fenced area depicted on Attachment 2; and d. that the temporary facilities are removed or reauthorized by Land Owner before June 30,2018, unless Sprint Prime lease is not terminated. 9.2) Tenant shall pay as a pass through directly to Land Owner of an additional "temporary facilities fee" in the amount of Six Thousand Dollars ($6,000.00) for the installation of the temporary facilities. Tenant shall pay this temporary facilities fee in full within sixty (60) days following the full execution of this SLA. Tenant shall have the right to a refund if Tenant removes the temporary facilities prior to the expiration of this SLA. 9.3) Further, Tenant shall pay directly to Land Owner as an additional pass through a lump sum payment in the amount of Two Thousand Dollars ($2,000.00), such payment to be made within sixty(60) days of full execution of this SLA. 9.4) The foregoing temporary facilities fee and additional pass through lump sum will be paid to Land Owner at: City of Kent Law Department 220 Fourth Avenue South Kent, WA 98032 9.5) Notwithstanding anything contained in the Agreement to the contrary,the Monthly Fee set forth in Section 3 relates solely to the temporary Communications Facility described in Section 2 above. Any modification to the temporary Communications Facility from that described in Section 2 above may result in an increase in the Monthly Fee in an amount to be determined by Landlord. 9.6) Landlord will provide to Tenant 15 AMPS electrical service for the operation of the temporary Communications Facility. In addition to recurring Fee payments as stipulated in Section. 3 of this SLA, Tenant will pay Landlord, in advance, for such power consumption at the Site, a utility fee ("Utility Fee") in the amount of $50.00 per month. The SEA ARBOR VILLAGE 4824-1 R90-440Rv.3 0052051-000032 { Utility Fee payments will begin on the Commencement Date and continue until the time as this SLA terminates for any reason, partial months to be prorated. Tenant will be responsible for and promptly pay all charges for gas, telephone service and any utility other than electricity used and consumed by Tenant at the Site. Tenant will install submeter or other reading equipment and read the submeter, Emon Demon or other reading equipment at the Site on a quarterly basis and annually reconcile actual consumption against the Utility Fee paid for that year. If the actual power consumption for the Site and/or the local public utility rates for 12-month period produce a Utility cost amount which is more than the Utility Fee paid by Tenant to Landlord, then Landlord may invoice Tenant for any difference between the two amounts. Such payment shall be due within thirty (30) days of receipt of invoice by Tenant. If the actual power consumption for the Site and/or local public utility rates for that period produce a utility cost amount which is less than the Utility Fee paid by Tenant,then Landlord will apply a credit against the next Utility Fee payment due for any difference between the two amounts. If the actual monthly utility charge is more than the estimated monthly Utility Fee paid or if Tenant adds equipment to the Communication Facility, the parties shall increase the monthly Utility Fee to reflect Tenant's increased usage. Notwithstanding the foregoing, if Landlord is no longer able to provide electrical service to Tenant, Tenant shall be required to obtain service directly from the servicing utility provider. Tenant assumes all risk of power failure or insufficient power. ***SIGNATURE PAGE TO FOLLOW*** SEA ARBOR VILLAGE 4824-1890-4408v.3 0052051-000032 IN WITNESS WHEREOF,the Parties hereto have set their hands the day and year indicated below_ LANDLORD Sprint Spectrum Realty Company, LLC, a Delaware limited liability company By: Name: Title: onager,Real ate Date: t2 TENANT Seattle SMSA Limited Partnership d/b/a Verizon Wireless By Cellco Partnership, its General Partner By: Gordon Cook Name: rector Network g Title: Date: LAND OWNER City of Kent By: _1 Name: � f � Title: O� Date: Approved as to form: Cit of Kent ' �_ Kent Law Department 5 SEA ARBOR VILLAGE 4824-1890-4408v.3 0052051-000032 STATE OF I`l&/V-660' ) ) ss. COUNTY OFd�1.nQL ) On this 10c,day of . t A'(1i , 201?, before me, a Notary Public in and for the State of Gt��IJLLlY ,personally appeared—� f d personally known to me(or proved to me on the basis of satisfactory ev ide4 ) to be the person who executed this instrument, on oath stated that He/She was authorized to execute the instrument, and acknowledged it as the l�tit .l of Sprint Spectrum Realty Company, LLC, a Delaware li ited liability company,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. y NOTARY P�U� BLIC in and for the State of kS , L3W Gig residing at.aAJt NyL.G+� My appointment expires Print Name alhk& ala 6 , SEA ARBOR VILLAGE 1 4824-189044080 0052051-000032 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 10 t day of , 20 S,before me, a Notary Public in and for the State of Washington,personally appeared Gordon Cook., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director -Network of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. MIKE CUNNINGHAM NOTARY PUBLIC in and for the State of WA, /A— NOTARY PUBLIC I�D STATE OF WASHINGTON residing at r—/&& �-bc��Y-•-� EXPIRES FEBR FEBRUARYARY 19,2Q21 My appointment expires Print Name 7 SEA ARBOR VILLAGE 4824-1890-4408v.3 0052051-000032 STATE OF WASHINGTON ) ss. COUNTY OF On this 3/ day of_ _ , 201 r,before me, a Notary Public in and for the State of ,personally appeared_--4 417a- personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that He She was authorized to execute the instrument, and acknowledged it as the a 4— of City of Kent,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Ls'ar�l�lYt�'q�. V1�Z s �oT��� NOTAR PUBLIC in and for e tate of • - residing at Lr 6m My appointment expires 7' ZV/9 �'''a> 18.24 G��` Print Name- '�,WASN\��� I 8 SEA ARBOR VILLAGE 4824-1890-4408v.3 0052051-000032 Attachment 1 to the SLA Legal Description of Site LEGAL DESCRIPTION: PARCEL A: The East 264 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 17,Township 22 North, Range 5 East W.M. Situate in the County of King, State of Washington. PARCEL 9: TOGETHER WITH an easement for roadway and utility purposes over,under and upon the following described property: The South 20 feet of the North 155 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 17, Township 22 North, Range 5 East W.M.,in King County, Washington; EXCEPT the Fast 264 feet thereof; AND EXCEPT the East 264 feet thereof; AND EXCEPT County Road. Situate in the County of King, State of Washington. SEA ARBOR VILLAGE \ 4824-1890-4408v.3 0052051-000032 Attachment 2 to the SLA Location of Antennas _L34ay ek`#Rt"., 33a`f "aa ANtBWAMO1Mr I . M AbsemsLY gE'+1M VERQ'RM WWA%J 8 2OIA Iumu"AWANTEw" A`1dI1JWNr%7 (rOTALOF35 atfi'a�ho�twrrizf+avA To}'OF NE*12ri/ JA (MrALGF2) ELEL': GE F X' Y A'ITENNII ELEY.:ip26' ICI f� Yc r�l'�V'AhL'EriUtCE CAME ROUnD IN"M C=AL CF 3t y iEF190b`tilGN t�t14.'*[HL 7O'tiFR s 4 l I 4 7 tcEtiv YZIH sC's BMtUiS= v+saTa oN E=Tvir r TvmR Fe MAT" .ir New VL'N VX C!YET i I/OUwmvo UMk8 mm 3 1JI C iVr}YtA Oei IG6 9iVPOP {TB PO .movm LNIBIRUT Ad omw vjyy M,g - ❑NNl MEANP MARO WME Ay srjtww I AB mawmm �I:;O'tN63i'8 ICE 9RlE ..at 7RFE6,T8P - .. "'' �Pyts'YNER'd nrf tEz ttr'FX.RLSE y{k'k CAAINET64N EQilIPAdEKf / IOttGM-M PAYS �. 6E}Ehi166{'APc" 'Y 090E GATE T4N06R EWE I � 10 SEA ARBOR VILLAGE 4824-18904408v.3 0052051-000032 Attachment 3 to the SLA Equipment Building/Ground Space And Right-of-Way Description r 11 SEA ARBOR VILLAGE 4824-1890-4408v.3 0052051-000032 W uj C > I LLI a:o5 I ■ z a e® K - m x I i I s 1 E 4 V 3 I I IL W 3u Jc ,AUOZIJOAh mCOO i w y 770 _ Z [� 3. e , 1 a o a aid 1me Y C7 41 I Q i 1ox N ul uiY rc � a W � F t+ Z qq 6 �8 v� gs a<m �Ict W I.. sue'. 3 3 S7a s wf Q a 40 =moo 7:Ao i �b S G) a a Q s W c Y Attachment 4 to the SLA Ground Lease 12 SEA ARBOR VILLAGE 4824-1890-4408v,3 0052051-000032 SEA151 LICENSE AGREEMENT This License Agreement(this"Agreement")is entered into as of June 4,2004 (the "Effective Date"), by and between Qwest Wireless,L.L.C.,a Delaware limited liability company ("Qwest"),and Spit Spectrum,L.P.,a Delaware limited partnership("Sprint"). Qwest and Sprint are sometimes referred to individually as a"Party,"and together as the"Parties." Capitalized terms not otherwise defined in this Agreement shall have the same meaning as provided for in the Purchase Agreement(as that term is defined below). RECITALS WHEREAS,Qwest and Sprint entered into a Private Label PCS Services Agreement (the "Wholesale.Agreement"),dated August 3,2003; WHEREAS,pursuant to the Wholesale Agreement,Qwest will migrate its wireless telephone customers("Qwest Customers') onto Sprint's PCS network(the"Migration"); WHEREAS, the target date for completing the Migration as contemplated by the Wholesale Agreement is currently uncertain; WHEREAS, Qwest and Sprint entered into an Asset Purchase Agreement dated March 26,2004(the"Purchase Agreement"); WHEREAS, pursuant to the Purchase Agreement, Sprint has acquired Qwest's interests in certain Site Agreements(as defined in the Purchase Agreement)pertaining to wireless communications facilities,including,but not limited to,those cellular tower sites described in the Site Agreements as set forth in Exhibit 1 (the"Sites"); WHEREAS,pursuant to the Purchase Agreement, Sprint has acquired certain equipment located at the Sites(the"Purchased Equipment")used by Qwest to service the Qwest customers; WHEREAS,Sprint desires to grant Qwest a nonexclusive and irrevocable right and license to access,maintain and continue operating the Purchased Equipment for the purpose of serving the Qwest Customers until the Migration is completed, all on the terms and subject to the conditions set forth herein; and WHEREAS,the parties desire that Qwest be able to continue to provide cellular telephone service directly to the Qwest Customers during the Migration and Yninimize any disruptions that may be attendant to the Migration; NOW,THEREFORE,in consideration for the mutual promises set forth in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: } SEA151 1. Term a_nd Termination. a. The term of this Agreement shall commence on the Effective Date and continue with respect to each Site until its Migration Completion Date(the"Term"),unless sooner terminated as provided herein or by written agreement between the parties. The Migration Completion Date for each Site shall be the earlier of the date(i)when a`hot cut"is completed with respect to such Site or(ii)when all of Qwest's line ranges that are serving Qwest Customers at such Site are transferred to Sprint. In all events,the License with respect to each Site will be subordinate and subject to the relevant Site Agreement and in no event will the License extend beyond Sprint's access rights under any Site Agreement. b. (1) If by July 1,2005 (the"Outside Migration Date")the Migration at a Site has not occurred despite the good faith efforts of Qwest and Sprint,but the following conditions are satisfied: (a) Qwest is still serving Qwest Customers at the Site in question; and (b) Continued occupancy is permitted at such Site by the Site Agreement and/or Owner as applicable; then Qwest will be allowed to remain at the Site following the Outside Migration Date,provided Qwest timely enters into a Collocation Agreement consistent with the terms of the Reciprocal Joint Use Agreement between Sprint and U S WEST Communications Wireless Group dated March 14, 1997,as subsequently amended. Qwest's collocation right under this Section 1(b)is not assignable. Nothing herein will be deemed to affect or amend in any respect Sprint's or Qwest's obligations under the Wholesale Agreement. If on the Outside Migration Date either condition listed in subsection(a)or(b) shall not exist,this License will automatically terminate with respect to the Site in question. (2) If Qwest occupies the Site pursuant to Section 1(b) above, any collocation option applicable to such Site and granted pursuant to the Option Agreement executed in connection with the Purchase Agreement shall automatically terminate effective on the Outside Migration Date. 2. License- a. During the Term,Sprint grants to Qwest a nonexclusive,nonassignable, irrevocable,royalty-free right and license to maintain,use and access the Purchased Equipment for the purpose of providing cellular telephone service to Qwest Customers (the"License"). Sprint makes no warranty of its right title,or authority to grant this license and Qwest accepts the same and the Site on an"as-is"basis. b. Qwest and Sprint,together, shall secure from the property owner or any superior lease or interest holder any approvals or consents necessary to conduct the activities .contemplated by this Agreement at the various Sites. During the Term, Sprint shall not take any action with regard to any of the Purchased Equipment,the Sites or the Site .Agreements that has SEA151 i tin west's service to the west Customers or impairing Qwest's ability to the effect of disrup g Q Q use and enjoy the License. During the Term, Sprint shall not use any of the Sites or the Purchased Assets, or take any other action with respect to the Sites or the Purchased Assets,in violation of this Agreement or of any law,rule,regulation or order of any governmental authority or court. 3 Licen__ se FQe. From the Effective Date of this License until January 1,2005 (the"License Fee Commencement Date"),no License fee will be payable hereunder. If the Migration Completion Date ay any Site has not occurred by the License Fee Commencement Date,then Qwest will on and after such License Fee Commencement Date through the Outside Migration Date be obligated to reimburse Sprint for 50%of any rental payments and direct occupancy costs due or incurred under the applicable Site Agreement assigned to Sprint,including,but not limited to 50% of any rental payments attributable to additional space required and obtained by Sprint which is necessary to locate its equipment or is otherwise necessary to accomplish the Migration. The amounts due Sprint under this Section are collectively referred to herein as the "License Fee." Qwest's failure to pay the License Fee within ten days of Sprint's notice of default shall constitute a default under this License and will entitle Sprint to terminate the License with respect to the Site in question without f1u-ther notice. 4. Equipment. Sprint and Qwest agree to the following: a. During the Term, Sprint shall not access or attempt to access the Purchased Equipment(directly or through any third Party other than Qwest)without prior notice to Qwest personnel as designated on Exhibit 2. b During the Term,Qwest shall provide all necessary monitoring of,maintenance for and repairs to the Purchased Equipment, subject to the terms of this Agreement. Such maintenance and repair shall be in accordance with normal industry standards. In the event Qwest deems it is necessary to replace any Purchased.Equipment, Qwest may, at its own pment with equipment of equal or superior quality,with expense,replace such Purchased Equi reasonable notice to Sprint. C. During the Term, Sprint shall not perform or attempt to perform any maintenance on the Purchased Equipment(directly or through any third Party other than Qwest)-without Qwest's prior written consent. d. During the Term,Qwest will not access or attempt to access, or perform maintenance upon equipment,other than the Purchased Equipment, at or on the Site that is owned by Sprint(the"Sprint Equipment"). e. During the Term,in the event of a sale or other transfer by Sprint of any of the Purchased Assets or of Sprint's rights under any of the Site Agreements, Sprint shall notify Qwest in writing not less than 30 days prior to such sale or transfer. Any sale or other transfer of the Purchased Assets shall be expressly subject to Qwest's rights under this Agreement. SEA151 f. Dunng the Term,Qwest and Sprint shall keep the Purchased Equipment and any equipment owned by the other Party or its affiliate at or on any Site free and clear of all liens, security interest and encumbrances of any kind or nature created by theta. & Within 60 days following the Migration Completion Date,Qwest will arrange with Sprint to remove and decommission all Qwest-awned Ericsson and Lucent base station transceiver equipment remaining at a Site. Qwest will provide reasonable notice before accessing the Site, and the access will be subject to the terms and conditions of this Agreement, including insurance requirements,notwithstanding termination of the Agreement. Any Ericsson and Lucent base station transceiver equipment and associated power equipment(excluding site generators)remaining on a Site 60 clays after the Migration Completion Date which Qwest fails to remove and decommission in accordance with its obligation herein may, at Sprint's option, be d disposed,commercially stored, sold,salvaged or otherwise considered the property of Sprint an decommissioned at Qwest's expense. This section A(g)shall not apply,however,if Qwest has exercised an option to collocate on the Site granted by Sprint under a separate Option Agreement. 5. power. During the Term,Qwest will continue to be the billing customer of record for all power bills associated with the Purchased Equipment and will continue to pay such bills in accordance with its standard practice and procedures. Prior to the expiration or other termination of this Agreement, Qwest will cooperate with Sprint to transfer its account with the power provider and existing meters to Sprint. Sprint may use Qwest's power supply,provided that Sprint compensates Qwest for the actual cost of power consumed,but in an amount no less than 50%of the total cost of all power supplied to the Site. -6. Tran__ s%.,tom a. Sprint may desire to install RF Splitter technology at one or more Sites. Prior to proposing or utilizing RF splitter technology,Sprint, at its own expenses, shall provide to Qwest a study("Study") showing that using such a RF splitter will not materially disrupt cellular telephone service for Qwest's customers. Sprint,at its own expense, shall participate in such testing("Testing")of the effectiveness and integrity of the RF splitters as Qwest reasonably deems appropriate. Upon written consent of Qwest, Sprint, at its own expense,may install appropriate RF splitters that will permit the Purchased Equipment to work with Sprint's cellular telephone network. Qwest will either approve any Study or Testing results submitted by Sprint or provide written notice of disapproval accompanied by its reasonable objections within 10 days of submittal. Failure to respond in ten days will be deemed approval. 7. Indemnit Each Party(the"Indemnifying Party") agrees to release, indemnify,defend, -- " and each of the Indemnified protect and hold harmless the other Party(the"Indemnified Party") party,s employees,officers,directors, agents,members, shareholders,parent companies, subsidiaries and other affiliates, from and against,and assumes any and all liability for:(i) any injury,loss or damage to the Indemnified Party or any person,tangible property or facilities of Indemnified party(including reasonable attorneys' fees and costs)to the extent arising out of for resulting from(a)the acts or omissions,negligent or otherwise, of the Indemnifying Party,its officers, employees,servants, affiliates,agents, contractors,licensees,invitees or vendors,or (b) acts or omissions of the Indemnifying Party constituting a breach of this Agreement and(ii) any SEA151 claims, liabilities or damages arising out of any violation by the Indemnifying Party,of any regulation,rule, statute,order or other official action of any local,state or federal governmental agency,court or body in connection with the subject matter of this Agreement. $. Insurance. Each Party shall at all times during the Term,at its own cost and expense, carry and maintain the insurance coverage listed below with insurers having a minimum A.M. Best's rating of A-VII.Each Parry shall require its subcontractors and agents to maintain the same insurance. a. Commercial General Liability insurance covering claims for bodily injury,death, personal in or roe dama a(including loss of use occurring or arising out of the use or p jam' property rty g (� 8 ) occupancy by a Party of any premises in connection with this Agreement,including contractual liability with respect to the liability assumed hereunder. The policy limits of such insurance shall not be less than: Each Occurrence: $ 5,000,000 General Aggregate: $10,000,000 Products/Completed Operations: $ 5,000,000 Personal&Advertising Injury: $ 5,000,000 b. Workers' Compensation insurance,with statutory limits as required in the state(s) of operation,providing coverage for any employee entering onto any premises in connection with this Agreement, even if not required by statute and Employer's Liability insurance with limits of not less than$1,000,000 per accident. c. Comprehensive Automobile Liability insurance covering the ownership,operation and maintenance of all owned,non-owned and hired motor vehicles used in connection with this Agreement,with limits of at least$1,000,000 per occurrence for bodily injury and property damage. d. The insurance limits required herein may be obtained through any combination of primary and excess or umbrella liability insurance. Upon request by Qwest, Sprint shall forward to Qwest certificate(s)of such insurance,which shall provide that: (a)Qwest (and its affiliates) be named as an additional insured and(b) coverage is primary and not in excess of,or contributory with,any other valid and collectible insurance purchased or maintained by Qwest. Upon request by Sprint,Qwest shall forward to Sprint certificate(s)of such insurance,which shall provide that: (a) Sprint(and its affiliates)be named as an additional insured and(b) coverage is primary and not in excess of, or contributory with, any other valid and collectible insurance purchased or maintained by Sprint. 9. ,Dispute Resolution. In the event of a dispute that may arise between the Parties regarding or related in any manner to this Agreement,the respective general counsels(or their authorized designees) of the Parties shall negotiate in good faith to resolve such dispute. If such dispute cannot be so resolved within a reasonable period of time,such dispute shall be referred to SEA151 and finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of the arbitration shall be Denver, Colorado. The number of arbitrators shall be three(3),with each Party selecting one(1)and the selected arbitrators then selecting the third arbitrator. Each Party shall bear its own expenses of j arbitration unless otherwise determined by the arbitrators.Any arbitration award shall be final and binding upon the Parties. The obligation to negotiate or arbitrate shall not be binding upon any Party with respect to requests for preliminary injunctions,temporary restraining orders or other similar temporary procedures in a court of competent jurisdiction when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by negotiations or arbitration of the actual dispute. It is not the intention of the Parties that such injunctive procedures shall be in lieu of,or cause substantial delay to,any arbitration proceeding commenced under this Section. 10. Miscellaneous. a g e1a nship of the Parties. The relationship between the Parties shall not be that of partners, agents,or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including,but not limited to federal income tax purposes. The Parties,in performing any of their obligations hereunder,shall be independent contractors or independent Parties and shall discharge their contractual obligations at their own risk subject,however,to the terms and conditions hereof b Amendments, Waivers. Except as expressly provided herein, this Agreement may be amended only by agreement m writing of all Parties. No waiver of any provision nor consent to any exception to the tcrms of this Agreement or any agreement contemplated hereby will be effective unless in writing and signed by the Party to be bound and then only to the specific purpose,extent and instance so provided. c Governin��Law. This Agreement and the legal relations between the Parties will be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts made and performed in such State and without regard to conflicts of law doctrines unless certain matters are preempted by federal law. d. No Assignment. Neither this Agreement nor any rights or obligations under it are assignable by one Party without the prior written consent of the other Party. Nothing herein I estricts assignment or transfer by Sprint of the Purchased Assets or of its rights under any of the Site Agreements,subject to Section 4(d). e. Headings. The descriptive_ headings of the Sections and subsections of this Agreement are for convenience only and do not constitute a part of this Agreement. f Count. This Agreement and any amendment hereto or any other agreement delivered pursuant hereto maybe executed inone or more counterparts and by different Parties in separate counterparts. All counterparts will constitute one and the same agreement and will become effective when one or more counterparts have been signed by each Party and delivered to the other party by facsimile or otherwise. I I SEA151 s g. Publicity and Reports. Neither Party will issue any press release,publicity i statement or other public notice relating to this Agreement,without the prior written consent of the other party,uxiless independent legal counsel to the releasing Party,as the case maybe, deliver a written opinion to the other Party that a particular action is required by applicable law. i h. Cc7nfidentiality. All non-public information disclosed by any Party(or itsit representatives) whether before or after the date hereof,in connection with the transactions contemplated by, or the discussions and negotiations preceding,this Agreement to any other Party(or its 1epresentatives)will be kept confidential by such other Party and its representatives and will not be used by any such Persons other than as contemplated by this Agreement;except to the extent that such information may otherwise be required by Law or to the extent such duty as to confidentiality is waived in writing by the other Party. If this Agreement is terminated, each Party will use all reasonable efforts to return upon written request from the other Party all documents(and reproductions thereof)received by it or its representatives from such other Party (and,in the case of reproductions,all such reproductions made by the receiving Party)that include infornnation not within the above-listed exceptions,unless the recipients provide assurances reasonably satisfactory to the requesting Party that such documents have been destroyed. i. successors and,,Assiggs No Third Party Beneficiaries. This Agreement is binding upon and will inure to the benefit of each Party and their respective successors or assigns,and nothing in this Agreement,express or implied,is intended to confer upon any other Person or Governmental Entity any rights or remedies of any nature whatsoever under or by reason of this Agreement. j, Notices, Any notice or other communication hereunder must be given in writing mitted by facsimile;(c)delivered via an overnight courier and: (a) delivered in person,(b)trans service of national reputation; or(d)mailed by certified or registered marl,postage prepaid, receipt requested as follows: If to Sprint,addressed to: Sprint National Lease Management 6450 Sprint Parkway KSOPHT0101-Z2650 Overland Park,Kansas 66251-26 Facsirrule: SEA151 With a copy to: Sprint PCS c/o Sprint Corporation 6391 Sprint Parkway Mailstop:KSOPHT0101-Z2020 Overland Park,Kansas 66251-2020 Attention: Law Department,Real Estate Attorney Facsimile: (913)624-6388 If to Qwest, addressed to: Qwest Wireless,L.L.C. 1801 California Street Denver,Colorado 80202 Attention: Ken Dunn Facsimile: (303) 992-1044 with a copY to: Qwest Legal Department 1801 California Street, Suite 4900 Denver, Colorado 802020 Attention:John Lines,Esq. Facsimile: 303-672-5870 or to such other address or to such other Person as either Party has last designated by such notice to the other Party. Each such notice or other communication will be effective: (i) if given by facsimile, when transmitted to the applicable number so specified in this Section and an appropriate answer back is received; (ii)if given by mail,three days after such communication is deposited in the mails with first class postage prepaid, addressed as above; (iii) if given by overnight courier service of national reputation, one day after such communication is deposited with such courier service; or (iv) if given by any other means, when actually received at such address. k. Expenses• The Parties will each pay their own expenses incident to the negotiation, preparation and performance of this Agreement, including, the fees, expenses and disbursements of their respective investment bankers, accountants and counsel. 1. Representation By Counsel; Interpretation_ The Parties each acknowledge that each has been represented by counsel in connection with this Agreement. Accordingly, any rule of Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the Party that drafted it has no application and is expressly waived. The provisions of this Agreement will be interpreted in a reasonable manner to effect the intent of the Parties. SEA151 M. s erability_sir . If any provision of this Agreement is held to be unenforceable for any reason,it will be adjusted rather than voided, id possible, to achieved enfor eable to the extent ent All other provisions of this Agreement will b possible. n, Survival. The following Sections shall survive the expiration or termination of this Agreement: Section 7 (Indemnity), Section 9 (Dispute Resolution), Section 10(g) (Confidentiality) and Section IO(n)(Survival). IN WITNESS WHEREOF, each of the Parties hereto has caused this Agreement to be executed by its duly authorized officers as of the day and year first above written. "SPRINT" Sprint Spectrum,L.P., a Delaware limited partnership By: Name: F-,,pT1nt SPOCUUM . Its: George GhantOus 1Nareless Sites Delivery cc,riiral 1!Nest Se910t! "QWEST" Qwest Wireless,L.L.C., a Delaware limited liability company By: Name:4ur�rensley Its: Director,Wireless Network SEA.151 Exhibit 1 j SITES i The Site located at 11228 SE 236th Place,Kent,Washington 9803E j E t i i SEA151 Exhibit 2 QWES'i;pERSO1��NEL Ken Frensley 7145 E. 1s`Street Room 2B Scottsdale,,AZ 85251 Telephone: 602-235-1267 Mobile Phone: 602-403-1717 Fax: 602-235-3455 SEA151 Qwest Real Estate ID: SEA151 ASSIGNMENT AND ASSi.TMPTION THIS ASSIGNMENT AND ASSUMPTION(this"Assignment")is entered into this 4th day of June,2004,by and between Assignor and Assignee as defined below. For good and valuable consideration,the receipt and adequacy of which are expressly acknowledged,Assignor and Assignee agree that: 1, Definitions. In this Assignment and Assumption the following terms have the meanings given to them. (a) Assignor: Qwest Wireless,LLC,a Delaware limited liability company. (b) Assignee: Sprint Spectrum,L.P.,a Delaware limited partnership. (c) Landlord: City of Kent. (d) Lease: Option and Site Lease Agreement(Site Identification No. SEA151)by and between City of Dent("Landlord"), and Qwest Wireless,L.L.C. dated July 20, 1998 for the Site located at 11228 SE 236th Place,Kent,Washington 98031. .A. copy of the Site Agreement is annexed to this Assignment as Exhibit B-1 and the Site Sublease and those additional agreements,if any,set forth on E (collectively,the agreements listed on Exhibits B-1 and BB-2 are referred to herein as the"Site Agreement'). (e) Site: A portion of Landlord's Property more particularly described in the Site Agreement. (f) Effective Date: June 4,2004. 2 Assigmment and Delivery of the Premises. Assignor assigns to Assignee,effective as of the Effective Date,all of Assignor's right,title, and interest in the Site Agreement, including(a)the leasehold estate and(b) all rights to easements and licenses which authorize ingress and egress to the property described in the Site Agreement and the placement of utilities and(c) all other rights,privileges,appurtenances and land use approvals,to the extent assignable,owned by Assignor,in connection with the Site. Assignor will deliver possession of the Site to Assignee on the Effective Date. The effectiveness of this Assignment is conditioned upon the Closing of the Asset Purchase Agreement dated March 26,2004 by and between Assignor and Assignee("Asset Purchase Agreement'). The terms and conditions of the Asset Purchase Agreement shall govern and control this Assignment. 3. Assumption and Acceptance of the Premises. Assignee assumes and agrees to perform each and every obligation of Assignor under the Site Agreement that arises on or after the Effective Date. Assignee will accept the Site in its condition as of the Effective Date and acknowledges that it shall have no claim against Landlord for any matters arising prior to the Effective Date. 4. Indemnification by Assignee. Assignee will indemnify Assignor against and hold Assignor harmless from any loss,liability,and expense(including reasonable attorneys°fees and court costs) arising out of(a)any obligation or liability of the assignor under the Site Agreement, arising on or after the Effective Date;and(b)any breach by Assignee of its agreements contained in this Assignment. S. Indemnification by Assiiior. Assignor will indemnify Assignee against and hold Assignee handless from any loss,liability,and expense(including reasonable attorneys' fees and SEA151 court costs)arising out of(a) any obligation or liability of the assignor under the Site Agreement, arising before the Effective Date; and(b) any breach by Assignor of its agreements contained in this Assignment. 6. Consent. The effectiveness of this Assignment is conditioned upon Landlord's consent to this Agreement,if required. 7. Entire A egr ement. This Assignment and the Asset Purchase Agreement embodies the entire agreement of Assignor and Assignee with respect to the subject matter of'this .Assignment,and it supersedes any prior agreements,,whether written or oral,with respect to the subject matter of this Assignment. There are no agreements or understandings that are not set forth in this Assignment or the Asset Purchase Agreement. This Assignment may be modified only by a written instrument duly executed by Assignor and Assignee. S. finding Effect. The terms and provisions of this Assignment will inure to the benefit of,and will be binding upon,the successors, assigns,personal representatives,heirs, devisees,and legatees of Assignor and Assignee and may be relied upon by Landlord when Landlord executes the Consent set forth below. Assignor and Assignee have executed this Assignment as of the date first set forth above. ASSIGNOR: Qwest Wireless,L.L.C.,a Delaware limited liability.company By: Name: Ken Frenslev Title: Director Wireless Network ASSIGNEE: Sprint Spectrum,L.P., a Delaware limited partnership By: Sprint"q;1e.f"trum . . Name: 1. . �= a i�°eer-Wireless Sites e wve Title: LEASE AGRENW?" THUS LWE entered into by and between the City of Kent, Wasbingtoil, Municipal and U.S.West Vriwless LJ,.C,,a Delaware limited liability POMPAYVdth CfLandlord Corporation its principal.office located at 1999 Broadway,Tenth Fiobr,Denver,C010radO0202{';Tenant").- 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 J61VB,together Landlord's propert y described below,which is legally described on the attached Ex which islegally described on the attached er Cfrowith a nonexclusiveaccess casement, a 130-foot high monopole-tYPe tOw for use 'n Landlord and to construct on the, Premises connection with its communications business. C, Accordingly,the parties are entering into this Lease on the terms and conditions set forthbelow. AUMment In consideration of tlaoir mutual.covenants,the Parties agree as NIOW$: 44 red ems` s. Landlord leases to Tenant and Tenant leases from Landlord the real property legally described on the attached Exhibit B(the!'Land!')together with a non-exclusive easement for ingress,egress and utilities over the adjacent real property legally described on the d and the Access Easement are collectively F,%Wbit C(the"Access Easement The Lan referred to as the ITI rernises". This Lease is not a-franchise nor is it a permit touse the City of Kent!s x,� -of-vvay. Any such franchise or permit must be obtained separately from Landlord- 2. T and , 'tion to Renew, This Lease 6411 commence on Suly 1, 1998 (the "CommencenlentDate?),and end oxil=30,2MI. Additionally,Tenant shall have the option to renew this lease forthreo.(3)additional five(5)year periods subject t rms aas are mutually agreed to between the parties. Should Tenant exerciseany option to renew this lease, that option must be-exercised—and all conditions of renewal agreed to between the parties-.at least ninety(90)calendar days before the end of the term then in effect. 3. a. Tenant-shall pay Landlord as annual rent for the Promises the-sum of M("Base Rent"). Tenant shall pay Landlord Base Rent for the first ay Landlord Base Rent annually in advance on each year on the Commencement Date. Tenant-shall p IJS wFMCOXW.BLIJE R.OYTANK LEASE-PAge-I Of 15 . + 'vers of the Commencement Date. Base Rent shall be increased a inuallY as described anru cry hereafter. Tenant shall pay Landlord a late payment change equal to five percent(S°fo) of the late payraent for any payment not paid within twenty(lesser calendar days of when due. Arty amounts xlot paid When due shall bear interest until paid at the lesser of the rate of two percent(NO per month. C. For each additional antenna installed by Tenant beyond the initial array ee,in an determined by described in Exhibit C,Tenant shall pay an addition Isatnen f provided in tluount to�base and shall, the parties,which shall increase annually under th become part of the Base Rent. d. Tenant shall also allow Landlord access to its own co1nmunicatio towers, as provided for in Section 6,as"Usage Itent" e. The Base Rent shall be ncreased.annually effective as of each anniversary of the Commerizement pats by an amount esl If'this Lease is terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination and,in the event.of termination for any reason .other than nonpayment of Rent,all prepaid Rents shall be refunded to the Tenant. Base Rent,and all other consideration to be.paid.or provided by Tenant to S. Landlord shall constitute Rent and shall be paid or provided without offset. h. .Use of E9� s. fion Of a. Tenant shall use the Premises for the 'cor and op uctiOrl an� POra foot 00 a comm=Cations to and for no.other purpose,se, may,erect locatable:monopole tower. b, Tenant shall,at its.expense,comply with all present and future federal,state, and local laws,.ordinances,rules and regulations(including laws l�vitb the luse,g to health) operataon, radio frequency exnissions, other radiation and safety) n co maintenance,construction and/or installation of the Antennae Facilities and/or the Premises. Facilities(inclding the tower C. (1) The Tenant shall remove the Antennae n o the X ens:u h removal and other buildings�or structures), from the premises upon t shall be done in a workmanlike and careful manner and without interference or damage to any other US Vi BS r COMM.BLiTE BOY TANK LEASE--Fge 2 Of 15 ICI ^e i 1xlent,structures or operations on the Premises,including use of premises by tJandlord or l? ees or lessees. any of Landlord's assign (1) Upon removal of the improvements(or portions thereof)as provided above in subpart { ) 1 ,Tenant shall restore the affected area of the Premises to the reasonable satisfaction of Landlord. (3) All costs and expenses for the removal and restoration to be performedY b Tenant pursuant to subparts(1)and(2)above shall be borne by Tenant,and Tenant shall hold Landlord harmless from any portion thereof, 5 J.nant ImnrgyWents Plans,Bonds. a. (1) Tenant may improve the Promises by.constructing a communications tower and ancillary support facilities and structures ses' Prior (collectively,specifications DO for all improvements ements to #o co nmencinIg construotaan,Tenant shall submit.plazas and Wifteld. No Landlord for Landlord's written approval, emflon shall be ctotmmmc d until pblya o work improvement,construction,installation or altera permits have been properly issued. have been approved by the Landlord and all necessary •(2) Such plans shall include; Fully dirt shelter, site plans that are dram ro osed location o�'the antennas,equipment shelter,d�veway and parking to scale and show(i)the°p P ail the proposed type and height of fencing, (iv) areas,(ii)the propose changes in the landscape,(..`) p p the proposed color Of-all structures,including fencing,,(v)the proposed type of construction materxaT for all structures,including fencing,and any other details that the Landlord.may request. l be constructed in a Workmanlike mw)ner (3) All-improvements the Premises and shall laecomplefed in.comp anew with all without the attain eat of any Hens t applicable laws,rules,ordinances and regulations. (4) Tenant shall conform and comply with all local land use,rcoato y, or building permit conditions issued by the City of Kent in connection with the.construction, operation,or maintenance of Tenant's facilities coutemplatad in this lease. ions to the To-wer shall be Movie (5) No improvements ouch 1m rrovtem is aruodificatians are su t without the Landlord's consent. Moreover,any s and 4 above. i 3), ( ) to the conditions•set forth in section a.(l),(2), b. (t) The Tower shall remain the property.of Tenant and Tenant shall, at Landlord's request,remove the Tower upon termination of Lease. Such removals all be done went, in a workma0like and carefal manner and without interference or damage t Premises o.a Landlord or any -of structures or operations on the P If hses,in l Tenant requestsuding use of epexmissio3n not to remove all or a Landlord's assignees or lessees. ch title to the affected portion of the improvements.., Landlord dkord is tand the same thereafter shall be the sole and improVements shall thereuponto otherwise remove same. All entire property of Landlord,and Tenant shall be relieved of its duty U6 WWr COMM.BLUE BOY TANK LT: F 'age 3 of 15 other alterations,improvements and structures located or constructed on the Pre dlord n to (ems n of movable equipment and trade fixtures);shall become the property of.LanTenant to remove all such the Lease,.except that Landlord may,by written notice to Tenant,requu ment or other improvennents upon termination of the Lease. * Any personal. property, equip ed prior to the termination of this Lease shall become the improvements which,are not remov property of Landlord,at Landlords option. (2) Upon removal Of improvements kOr portions thereof)as provided above in subpart 5.b.(1),Tenant shall restore the affected area of the premises to the romontible satisfaction of Landlord. (3) All costs and expenses for the removal and restoration to be performed by Tit pursuant to-subparts.5.b.(1)and(?-)above shall be borne by Tenant,and Temmt shall"hold Landlord harmless J�om any portion thereof. c. Tenant shall annually post a bond(or,at Tenant's option, a letter of credit)' .from,a surety or bank reasonably acceptable to,Landlord, and in an amount reasonably deemed that the funds will be available at the termination of the Lase for necessary by Landlord,to assure removal of the Tower. 6. Use by Other Pr vn iders- a. Tenant shall.design and construct the Tower to accommodate 1 (one)other telecommunication provider("Other Provider"). To-s rathis. end, Tenanaced on t shall designshalland construct d " the tower so that 2(two)antennae.or antennae y y support'buildin$s, so#hat l (one)Other and construct all ancillary support facilities,including anyort equipment. Providers will have an adequate amount of space to house.their own su b, Tenant shall cooperate with each new Other Provider in connection with their facilities on the Tower and in the ancillary support locating and planing their antennas and other facilities. o. Rach new Other Provider shall be solely respansiobl for the cost of locating facilities,including any and placing their equipment onto the tower and into the ancillary support support buildings. The Other Providers shall also be responsible for any liabilities that arise from the Other Provider's use of the Tower. d, Within three days after receipt,Tenant shall notify for use Landlord Tower. Tenang of t ' sublease or assignment requests or proposals which Tenant rec d lease shall also immediately provide Landlord vmith.any infarmationxelating to an actual or prepared place to an Other Provider that'Landlord requests. Failure to comply ri tss shallrovision described i n paragraph 15. in.default and give Landlord the•option of exercising any of the ► e, Landlordnmay elect atany time to place one antenna or antenna facility on the Tower otherwise available for use by an Other Provider,such usage(and that in paragraph f:below) collectively referred to as"Usage Reri#." If Landlord so elects,such use shall be without charge to US WEST COMM.B"JE.Boy TANK,LEASE-Page 4 of 15 ting Landlord. Tenant shall cooperate with Landlord in cosvnection with Laadloxdrt-facilities. Owing Landlord. and other facilities on the Tower and into the ancillary supp Landlord may obtain an interference study indicating whether Tenant's use Of the Tower will interfere with Landlord's proposed use of the Tower. In the event that such a study indicates that T.enaut's use Wzll potenti Landllly ords ex�nse(aere s with appropriate),to relocaLandlord's proposed te Tepannts Tower,Landlord may require Tenant,at antenna on the Tower structure and any other egWpiment so as to minimize the jwterferetice,to the extent Landlord deems necessary. Ns Leas Landlord shall not be required to make.any expetaditures of any kind in 7. � -- . th pairs or improvements to e premises' connection with this.Lease ax pard to make a Landlord the rent reserved on an absolute net basis. agree that this is a net Lease intended to_ to the parties entitled thereto all taxes, Itt.addition to the Rent reserved above, Teaantt shall Pay other direct charges,casts.anl assessments, insurance premiums,maintenance charges,and ' rovisions of this Lease. expenses agate the Premises which may be contemplated under any p $ Si�ms/goffig . Tenant may place signs on the premises subject to applicable the Landlord's written cOnsent to governmental regulations, however, at Tenant time.rna rater thePrernisest shall ,and undertake ar�.y ctivities design,size and location. Landlord Y necessary to abate or remove graffiti locoan�with aba thereim tements or renewal within r3 Y of costs incurred by Landlord in connect T..andlord's presenting,Tenant with a statement of such costs. expense,, maintain the Premises and all g. Mainten M. Tenant.shall, at its awn exp. d working order, co improvements, equipment and other personal property on the Premises in of a dangerous, condition and repair. Tenant shallwould rc ease a hises free d o of r undue vris and ibration, heat,noise or noxious or offensive nature or painting,construction or xlterference. If1 the eve�andlord sdlord or any other property described Tenant Tenant shall take•reasonable other alterations on the L P r e or Antennae Facilities me cures,at Tenant's cost,to cover Tenants equipment,personal Property 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.ciaim Tenant may aise either against Landlord or any third party due to their negligence,so long as Tenant has taken r rai s either a measures to protect Tenant's equipment,pzopertY,-and facilities as required above. Acres Landlord and its agents shall have the right to .enter the Premises .at w. 5 ct the Premises, reasonable times to examine and inspect ately meter charges far the consumption Tertaltt shall,at its expense,separ all costs of electricity and other utilities associated with its use of the,Premises shall tirrlely,pay associated therewith. 12 Ltcens ees. 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, ifs WEST CogK BLYJE BOY TOO LEASE--Page 5 of 15 13. Annrovats Conioliance with Laws.Tenant's use ofthe premrses is contingent upon its obtaining .all certificates,,perm ts, zoning, and other approvals that may be required by any ,federal,state.or local authority. Tenant shall erect,maintain and op aerate its ions now n e£f`Antennae or that may accordance witb site standards,statutes,ordinances,rules anilities in gul be issued they-e.aller by the Federal Communications Commission or any other governing bodies. 14. Tnte rence. Tenant's installation,operation,,aud maintenance of its transmission facilities.shall not damage orinterfere in any way with Landlord's activities or with such activities on the Premises- Tenant agrees to'correct,within fifteen(15)calendar clays,all such actions which materially n,,terfere with Landlord's use of the Prerriises have immediately r ;actual c right to terminate t the Lease. interference,provided however,in such case,Tenant steal Landlord,at all times during this Lease,reserves the oventhe Premises iught to take �conneetio with perati+ons action-it deems neassarY,in its sole discretion,to repair,maintain, . p as may be nooessary. Landlord may obtain,at Tertant's Before.appznving the placement of Antennaeus nd doll s($3D QD))znd tin$hetlier expense,an interfei�nce study.(not to exceed three Tenant's intended use will interfere with any existing communications facilities on the Premises. r ests a lease and/or permission to place any type ofadditional In the.event any other party Landlord shall submit a proposal.complete with antennae or transinission facility on the Premises, all technical specifications reasonably requested by Tenant is Tenant for review for noninterference; Landlord shalt not so ablyred to provide�renant with any specifications or information however,Lan The third party shall be responsible for the claimed to be of a proprietary nature by the thud party, transmission reasonable cost of preparing the technical Spec'following xece p cations for itsproposed said proposal to make any Tenant shad have fifteen (15) calendar days period abjections thereto,and failure to make any objection within said fifteen(15) calendar day p shall be deemed consent by Tenant to the izlstall objection dtionof uet interferec7uagc h sheen tennae or transtrussion facilities (15} to said prapos�• if Tenant gives notice of -calendar day period and Tenant's objections are verified by Landlord to be valid,then Landlord shall not proceed with such proposal unless the tt- 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 ns ilitiepros on tthe Pr versnems�regardless unit mof ay be allowed to place Antennae or other communicatio fac potential or actual interference with Tenant's use,provided however,i£Tenarxt's use of the Premises is materially affected,Teriant.may terminate-the Lease. Tenant defaWts in 15. �elLand Landlord`s e- tidies. It shall be whenault du if does not ure such payment or provision of Rent or any other sutras to Landlord default within fifteen(15) calendar-days; or if Tenant defaults in the perfo once th 30)calendm' such irty Covenant or.condition of this Lease and does not cure default cer default omplained off; bandons days after written notice from Landlord speclfyuz$th. lease(including, or vacates the Premises,or if Tenant fails,at any usefime s during atory or bu lding permit conditions periods),to conform or comply wtth any local maintenance of Tenant'ds issued by the City connection-with the construction, operation, or US WEST-COMM,13LUL,$OY TANK.LISIPAge 6 of 15 facilities contemplated in this lease;or if Tenant is adjudicated as bankrupt OrM21 es any assigz#ment for the benefit of creditors;or if Tenant becomes insolverrL 15,Landlord shall have thc In the event of an instance of default as identified thSerG tion emedy•Landlo d may have by right, at its option, in addition to and not exclusive of yeject all persons operation of law,without any further demand or not h event Tenant shall immeand ately'remove the; therefrom and declare this Lease at an S,b, and pay Landlord a slim of money Facilities(end propped as set forth in paragraph } the date Of termination; and equal to the total of(1)the amount of the unpaid rent accnied through (2)Landlord's direct costs associated with Tenant's default; and (3) Liquidated Damages in the amountoftwelve(12)months rent. of � flip event of any claim, suit, or other action brought q�� opt due undeOrd for r .possession of the Premises, for the recovery of any rent o y provisions of this Lease, or because of the breach in any plaimer 3the Tenant nant eshal pa�Y o the Landlord,and.if the Landlord is the prevailing party Landlord all expenses incurred therefor,including reasonable attorney fees. tb. t" n by Land[ord. In the event of any default of this Lease by Tenant,the Landlord may at e expense ofthe Tenant. any tiune,after notice,cure the default for the a of y oof and at nto do any act which will If Lan is compelled to'pay or elects to pay any expense,including reasonable require the payment of any sum Of money OT is compelled#o incur any 'prosecuting or defendiri any 8etion to enforce the Landlord's rights attorney fees in instituting,p under this Agreement,the-sums so paid by Landlord,with all interest,costs and damages shall be deemed to be Additional'Rehtal and shall be due from the Tenant to Landlord on the First day of the month following the incurring of the respective,expenses. 17, pptional T,rLm dination. Except for instances of n obtain fault as se -fain any license, above,-this Lease may be terminated(a)by Tenant if is is unable of the I perrriit, or other governmental approval necessaryford d if to LLandlorddec desn and/or sinnits sale Antennae Facilities or Tenants business; (b) y by'Landlord if it determixies discretion and for any reason, to discontinue use of the Premises;(c} in its sole discretion that continued use of the 1'rem3ses by Tenant Landlord d if TenAnin fact a threat losesh'its libce-nsee o or welfare or violates applicable laws or ordinances;(e)by provide PCS/cellular service for any reasons,t f it no including, requires use of the site. �r expiration, or cancellation Of its license;or(1)by Ten 18 emoval of Faci s IJ e ingfion. upon ter n nennaae�acil treson of s Le and leasme for ehold any reason,Tenant shall remove its equipment,personal property, calendar days frorn the date oftermira ion,and improvements from the:Premises within thirty(30) shall repair say damage to the premises caused by such equipment,morrml wear and tear excepted; any other rights Landlord may have under allot Tenant's sole post and expense f`ittili�ut ��removed to the satisfaction of�taandlordi by this agreement,if any such property at its o tion,assume 30 da time period:after termination,Landlord xnay, � the end of this thirty( ) y p County, ownership of that property by recording notice thereof with the Recorder's office at King Washington. .us WEST COWL BLUE BQY TANK LEASE—page 7 OriS 19. T rnvna� do 'Nam. Notice ofTenaofs termination pursuant to pans ll ph 17 sha be 'ven to Landlord in writing at least thirty calendar days prior to the termination date(with the sale exception of subsection 1'�.(c}, on giving which shall and sct to�be medmcff**v p rmination rthantl written notice) by certified rail,return receipt that (30)calendar.clays from the date of receipt of the Premises prior to said termination dattee to ver necessary from all rentals paid ftir the Lease of Landlord's economic loss resulting.from Tenant's termination. 20, Uestructiot. If#ate Tower a any portion throughof the Tower no fault or negligence nce off` damaged so as to materially binder effective use of the Tow upon thirty 30 alndar days'written notice to Tenant,Tenant may elect to terminate this rem ve the Tower from the premises as setforth in Landlord,In such event,Tenant shall promptly a rent -shall teato upon Tenant's Section 5.b,above. This Lease(and Tenant's-Obligation to p Y ) fulfillment of the obligations set forth in the preceding sentence,at which#etminalinn Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. Landlord shall have no Obligation to repair-any damage to any portion of Premises. 21. Co cln a afion. in the event the owned Premises are taken by ern�ent domain,this ondemning a Lease shall terminate as of the date title to the©weed Premises vests in the shall ltarre the right a In event a portion of the Premises is taken by eminent domain,eitherdays'party written notice to the by giving thirty( ) ,l errant shall not be terminate this Lease as-ofvent'-said date d title nd r the ppo�wer of eminent dornain, _ trans ether party In the event'-of.any taldnb . entitled to any portion of the reward paid for the taking and the Landlord shall receive fall der o£ of such. 'Tenant shall hereby expressly waive any right or claim to any portionleasehold pensation for diminution in val-Ue of the although all damages,whether awarded as C9m to Landlord,Tenant shall have the right to claim and or to the fee of the Premises, shall belongbut not from }Landlord, such compensation as may be recover from the condemning authority, andaall damage to Tenant's business separately awarded or recoverable by Tor ant on account of any equipment personal property, and any costs or expenses incurred by Tenant in rnOving/removing its equip Antennae Facilities,and leasehold improvements- " 22. Inde M Md Ins a, Disclaimer o I.j ' * : Landlord shall not at any time be liable for ztaury ox a e occurring to any person oen -VS r property from any cause wltatsoeaeag ut of T at oftheP Premises dam air,use,operation,condition or negligent construction,maintenance,zip or Tenant's Antennae Facilities. b. Inderr►n'�it cation; Tenant shall,at its sole �dentit� of Landlord,nowhold harmless Landlord.and all associated,afitliated,allied and subsidiary existing or hereinafter created,and theirrespective er to as`ems boards, co from and�aga`pii ees,agents; attorneys,and contractors(hereinafter referred. (1) Any and all liability, obligation, damages, eeV alties, claims, liens, costs,.charges,losses and expenses(including,without lirAitatioza,reasonable fees and expenses of IJS W EST COMM.BLUE U()V TANY'"ASE—Page 3 0115 expert witnesses and consultants),which may be imposed upon,incurred by.car be asserted attorneys,exp art act or omission of Tenant, its personnel, against the Indemnitees by reason of any negligent contractors or subcontractors,resulting in person qurY,bodily injury,sickness, employees,agents, Vile or intangible property, disease or death to any person or damage to,Ions zeOr destruction any ttrade�trade name,coPYdSht libel,slander, invasion of privacy and unauthorized use o r corporation,which maY arise out of or patent,service naark or any ether right of any person,arm a roan way cormected with the construction,installatlon,operation,maintenance,use or condition Y of the premises or Tenant's Antennae Facilities or the Tenant's failure to comply with any federal, state or local statute,Ordinance or regulation. (2) Any and all liabilities,obligations,damages,penalties,claims,liens, casts,charges,losses and expenses(including,without limitation,reasonable d o o,incur ees by or asssse ted attorneys,expert witnesses and other consultants),which are iMP Out of warp, labor, materials Or -against the Indemnitees by reason of any claim or lien arising , supplies provided by or suppiied,to Tenant its contractors or subcontractors, for the installation, construction.., operation,maintenance or use of the Promisessuch claimTenantor-lien overing's Anteamae yLaudlo�s upon the written request of Landlord,Tenant shallcause s following such request. properly to be discharged or bonded within thirty( ) Y c. AL§uM-J&oULRis ; Tenant undertakes acid assumes for its officers,agents, rates contractors and subcontractors and employees all risk of-dangerous apply ppl to anylatent}de if fe is or affiliates, -or about the Owned Premises, Tenant`s assumption of risk shall PP.y other dangerous situation,if Landlord knows or should know that defect or situation to exist but has not disclosed that information to Tenant. d I7efe e of In exnnit es: in the event any action or proceeding shall be brought against the Indemnitees by reason of �matter for which the Indemnitees, thS'enant�s s��cost and s are ���� hereunder,Tenant shall,upon notice from y any such matter resist and defend the same;provided hoVvever,that Tenant shall not admit liabilityorhr ded further that on behalf of the Indemnitees without the written consent of Landlord and p claim Indemnitees.shall not admit liability for,nor enter into any written consent of Tenant.mpromise or settlement of,any for which they are.indeedfied hereunder,without the p e *toti Cooperation and EXWnsSs; Landlord shall give'Tenant prompt notice of the snaking of any claim or the cammencemetit of any action,suit or.othex proceeding covered b the provisions of this paragraph,Nothing herein shall be deemed to prevent Landlord fr�i1n Yany litigation by Landlords own counsel cooperating with Tenant and participating in t Tdefane t s legal counsel. Tenant hall pay all expenses .so Iong as the participation is cr,ordmated wi These expenses shall incurred by Landlord in response to any such actions,suits or proceedings. P include all out-of pocket expenses such as attorney fees and shall also include the reasonable value h of any services rendered by the Lan i bursa entseand liay,and bilities assumed by Landlord e actual expenses of Landlord's connection employees Or expert witnesses,and des r with such suits, actions or proceedings but shall not include attorneys' fees for services that.are Unnecessarily duplicative of services provided Landlord by Tenant. US wEST COMM.BLUE BOY TANK LEASE-Page 9 of 15 If Tenant requests Landlord to assist it in such defense,then Tenant shall pay all expenses incurred:by Landlord in response thereto,including defending itself with regard to any such P actions, suits or proceedings. Thethe expenses shall include 4 out-of-pocket expense'such as any services rendered by the Landlord's attorney, attorney fees and shall also include ees or expert witnesses,arxd disbursements and and the actual expenses of Landlord's°agents,employ h such suits, liabilities.assumed by Landlord in connectionwit actions or proceedings which are not directly attributable to Landlords negligence. f Tnsuranee: During the term of the Lease,'tenant shall maintain,or cause lio pits be maintained,id full force and effect and at its sole cost and expense,the following types of insurance: (1) Worker's Compensation insurance meeting applicable statutory requirements and employef-s liability insurance with limits of One hundred Thousand Dollars($100000)for each accident. (2) Comprehensive Commercial.General Liability insurance written on an occurrence basis with limits no less than'Two Million Dollars($20 bodily injury,persor�al per occurrence and 0)combined single t Two Million Dollars($2,OU0,000}generalaggregate for shall provide blanket contractual liability o products and completed ns liability for injury and property damage. The policy written contracts, and shall include coveragero independent contractor's liability,coveragefor property damage from perils of explosion,collapse or damage to underground utilities,commonly known.as XCU coverage. (3) Automobile Liability insurance covering all owersonal trned on iced, and anc •nonowned vehicles in use by Tenant,its ply with thmployees e oviisions of state law with minimum limits and property protection insurance to cozrap y provisions of One Million Dollars($1,000,000)as the combined single limit for each occurrence for bodily injury and property damage. (4) Excess Liability insurance with limits not less than Four Million Dollars($4,0Q0,000.00)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 letion,of the installation of the Antennae the installation of the Antennae Facilities. Upon comp policies of fire,extended coverage and 'Facilities,'Tenant shall substitute for the foregoing inswan�p 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 Catnpeosatinn shall be written on:an occurrence and not pn a Claims made basis. US WEST COMM-BLUE BOY TANKLEAS"Jige 10 or n5 . (7) The cover age amounts set forth above my be met by a combination f underl ' ar�d umbrella policies so long-as in combinations limits equal or exceed those stated. o ymg rued ureds: All policies,except for business interruption and vrOriKex's compensation Policies,shall list Landlord and its officials,Q �,e referred to as the"Additionalployees,8900ts and o as theirs �,as additional insureds(herein as their tespecti'S7e interests may appear, -Insureds!). Each policy which is to be endorsed to list Additional insureds hereunder,shall-contain cross-liability Wording,as follows: ed for which lhel " all cove In the .event of a claim being made hereunder by our such insured against ham insured is or may be fable,then this policy shall a claim is.or may be made in the same manner as if separate policies had been issued to each"insured hereunder." b E idence of Insurance: Certificates of insurance or self insurancet ether with insurance policy required to be obtained by Tenant in compliance with this paragraph, g a copy of the endorsement listing the City as *do" tten dl be filed and maintained.with Landlord annually evidence of payment of required premium during the terra f o theLease, Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. uran : All insurance policies-maintained i C t'on of P 1_Q_icier 9 , —. pursuant to tivi s Lease shall contain the following eddorsement: "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 noti a to be g ven the by.registered mail to the parties named: in this P 8r p h of.Lease j! Insurance C 1 cols : ,All insurance shall be effected under valid and enforceable olicies, insured by insurers licensed to do businessommissioner's by the State oapprov d Washington ist of surplus pcarriers on the State of 'Washington 111man surplus line on. All insurance carriers and surplus companies qualified to'do business in State of Wasbingt an Alt ernatively and subject to line carriers shall be rated B+(XIII)or better by A,M..Best Company' Landlord's prior written approval,which shall not be unreasanably withheld,Tenant shall be allowed to self-insure for the amounts and types.of insurance required herein, . Ded otib es: Any payment of deductible or self insured retention shall be the sole responsibility of the Tenant. 1 ntraata s: Tenant shall require that each.and.every one of its contractors Wl force .and their subcontractors who.perform`work on d automoses bile liability o Offect'f the type compensation,comprehensive public liability an US WLW.CorA BLu&BoY TANK LEASE—Page 11 of" �. •is required to obtain under the terms of this paragraph with appropriate limits of -which Tenant 4 insurance. each calendar year during the term.of this m, l�evew ; Once during be carried by review t Tenant. If Landlord determines may he insurance coverage to Lewo,'Londlor Y t protect the interests of Laridloxd or the Additional that higher limits of coverage are necessary fl and shall obtain the additional limits of insurance,at its sal Insureds,Tent shall be so rlotifisole cost and expense. Hazardous Substance Inde- Tenant represents:and warrarits that its use 3 dous substance, and it will not negligently or of.the Premises herein will not generate any 1lazar transport#a or°over the Premises any hazardous intentionally.store or dispose on the Premises nor Tenn agrees to hold Landlord harmless substance'in.` iOlation of any federal or state law. Tenant fiirthcz Landlord against anyrelease of any such hazardous substance and any damage, from and ind�:rx resulting from such release including all attorneys' fees, costs and loss, or expense or liability release caused by the negligence.of Landlord,its penalties incrur•ed as a result thereof except any employees or agents. Similarly,Landlord Warrants that the-'remises are free of any h� t O substances and 'agrees to indemnify and hold Tenant harmless from the Landsubstance ubsa negIt shall ligent e intentional introduction of any hazardous substance by Landlord- "Hazardeorluss su as s�at oxlc interpreted broadly to mean any substance or materi or toxic doe bstance,or otter similar term ed waste,hazardous or toxic material,hater b 'anyfederal,state or local environmental law,regu be amended from ttime o time;n or rule presently in and�i shalltbe Yregulations or rules may in the future,.as_such laws,reuul substance which a fter release into the environment interpreted to include,but not be limited to,any icipated to cause sickness, death or disease• Will or may reasonably be ant vAth the 24. din Over. Any holding over air the expualnonth m�th at-ion of the term r two�time the ent of the Landlord,shall be construed to be a tenancy from rents herein specified(prorated on a monthly basis)and shall otherwise be for the to and oxi the cons conditions herein specified,so far as applicable. inati0 o M rt a 'Any mortgage.now•or subsequently placed upon airy 25. ubord of which the Premises are a part shall be deeme to d uteri in i e leasehold estate created property t under this Lease. Tenant subordinates of the Tenon -e Tenant shall, by this Lease to the lien of any such mo egtliis subordinatiorx at Landlord's request,execute an additional documents necessary to indicate cc tance f Pre 'ses. With the exception oossession of the Pemises, Tenant substance contamination to Landlords property, by t&dng p f accepts the Premises in the condition existing as of the•Comniericement Date. Landlord makes no with respect to the condition of the Prernises. representation or warranty time and from time to time upon not'less 27• to a Certi ca . Tenant shall,tit any statement in writing certifying than ten(l }days prior request by Landlord,deliver'to Landlord a that the Lease en m0dificatiOns, that{a)the Lease is unmodified and in full force{or if there have�e dates o which rent and other is in frill force as rnodifiedd and identify the modifications}; (b) US WEST COMM.BLVE 150Y YANK LFASE T29412 Or" i have been paid;(c)so far as the person making rd is not in the certifytae 1Landlor may reasonably -chargessuch other Mattors default under.any provisions of the Lease;and(d) request. 28. Notices. All notices,requests,edemands, s nay delivered or er mmai d certified ,return be in writing and shalt be deemed.given 1f per y receipt requested,to the fallowing addresses: If to Landlord,to: Facilities Manager City of Kent 220 Fourth Avenue South Kennt WA 98032 With a copy to: City Clerk City of Kent 220 Fourth Avenue South Kent,WA 98032 if to Tenant,to. U.S,WEST Communications Real Estate Services 8200 East Belleview Suite 500 Crcenwood Village,Co 80111 Attn: PSL Manager/Wireless with a copy to: U,S.WEST Wireless,L.L.C. 450 11&Ave NE,.Room 219A Bellevue,WA 98004 Attn: Regional Real Estate Manager runent and Subletting.Subject to the provisions o£paragrapb 6,Tenant shall not 29. Assi of the Premises without the Landlord's assign this Lease in whole Orin park,or sublet all:or Y p,ent or subletting shall not constitute a prior-written consent, Consent by Landlord to any assignrn rohibition waiver of the necessity of such consent t sconstrued to Include aequent assignmentor bprohibition against any against any assignment or subletting sbAll be subletting or assignment by operation of law. if this Lease is assigned,or if the premises or any part thereof is sublet or occupied by anyone.other than Tenant,Landlord may collect rent from the subTenant or occupant and apply the net amount collected to the rent Arid other obligations assignee, en subletting,occupancy or collection shall be of Tenant hereunder reserved,but no such assignment deemed a waiver or release of Tenant:&Om the further performance by Test of the covenants on the part.of Tenant hereunder contained. If Tenant is a corporation or partiaerslup,and if the control thereof cages at any time during ten 10)days prior written notice the term of this Lease-,then Landlord at its option may,by giving h unless Lan lord has previously approved to Tenant_declare such change a breach of this paragrap ! the new controlling party VS WEST.COMM.BLUE BoyWANK'LEASE-PIP 13 015 Any person or entity, act bye assa to-which thus Lease is assigned pursuant to the provisiaps tine Bankruptcy Code,I I USC sections 101,et seq.,shall be deemed without further �n obligations of Tenant arising under this Lease on and after the date of such assignment, all of the i ghee shall upon demand execute and deliver to Landlord an lustrument.confim 'ng Any such ass such►sssump#i W Any or other considerations payable or otherwise to be delivered:in connection vs►i such assignment shall be paid to Landlord, shall be the exclusive property of of the Tenant or of the estate of Tenant within the Landlord, and shall not constitute�propcAy rneaning 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.intrust for the p aid to Landlord. bene�i#ofLan�ord and be promptly p 30, OIL Ses. Nothing W this lease shall preclude Landlord from leasing other space for.communications equipment�to any person or entity which may be in competition with Tenant, orany other ply 31. �necessors and Assisrns. This Lease shall be binding upon and inure to the benefit of the parties,their respective successors,personal representatives and assigns. of any of the 32. Sb9 Waiver. Vailuxe ofo ano ohs Agreto sementt on sor-t pexercise an of its rights conditions, covenants, terms or proves hereunder shall,not waive such rights,but Landlord shall have the rights to enforce suclx rights at any rcunder,either in law or equity. Th time and take Such-action as might be lawful.or auth�obri�ed�of this Agreement shall note.deerraede receipt of any sum paid by Tenant to Landlord after. .a waiver of such breads unless expressly set forth in writing. �3. .. a, Tenant shall pay all real and personal property taxes(or payments in lieu of result of taxes) and assessments for the Premise thatdirectly th term of this Lease.Tenant! su P Yn' ts equipment,if any, which become due Payable sball be made,and evidence of all such payments shall be provided to Landlord,at.least ten(10) elinquency,date of the payment. 'Tenant shall pay all taxes on its personal property days prior to the d on the Premises, b, Tenant:shall -indemnify Landlord from any and all liability, obligation, ties,claims.,liens,=casts,charges,losses,and expenses Cmcludb3g,without limitation, damages,pc ert•witnesses and.consultOtO,which may be imposed reasonable fees and expenses of attorneys,exp u on incurred by or be asserted against Tenant in relation to the taxes owed or assessed On the s p a Premises. c. If the methods of taxation in_effect at the Commencement Date Of the Lease that in lieu of ax as a substitute for any portion of the property taxes and special are'altered so e is imposed a tax p ainst the rentals payable by assessments now iziaposeI on propertythose�amounts in the same wanner W provided for the payment Tenant to Landlord,Tenant shall pay of real and personal property taxes. US W.ESy COMM,HLUE.HOY TANK LEASE—T49C�4 of 15 34. kis eous. a, Landlord and Tonant represent that each respectively,has full right,power, and authority.to.execute this Leese. 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 re resentations or understandings of any kind not Set'fo herein, y modification of or I1 amendment to'�Lease must be in writing and execute y parties. C. This Lease shall be construed in accordance with the laws of the State of VJasliington. "Venue and jurisdiction of any lawsuit arising out of the performance or obligations of this lease sbasl be in the Ding 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. T IIS.LEASE"IS EXECUTED a.d shall become effective on the last Mate indicated below. LANDLORD, TENANT: CITY OF KENT ,/,U.S.'WEST V4RELESS, L.L.C. r by 'te,Mayor i V.�.OPEIIAAtIONS�&£NGiNEERIM I7 TE: . fits LL,G r tti ATTEST: fo BRENDA JACO CITY CLERK APPROVED AS TO FORM: l t ,Rfl EIS A.I,�OVICI-I,CITY ATTMMY rnc.�waa�s�mao�cs �usw,ao US WEST COMM,BLUE'BOY'.rANK`LEAS9--r18e 15 ot]5 'PAGT3 'AUG-28-00 14,22 FR:am. LDS WEST tIwa �+ Site* SEA 151 C/—Kz Site Sketch Site Address VI �+y Burp y y rp t�aotoeeo Sow LtCA'V,c' x ^� Y-► s�"� i i —4 adicare:lease sixe do tlis;alacefram Irno +n property boundary ar Straartire, exstin srruct�re heiph:(s).and durance from proposed limse area,ae445$rnWte,adj.saris and north arrow. If t l.,indicate equEpmens locution, lease,tem;isin$lines, and aec$;s;route.Locate neate81 access xo power(rransfornw)as well as telca(W). 2nnitcg s6tback8 froth property lines.if reUV=I. II "' S{iainio.doc I ?V AV PA09 lt3/22 AUG-26-0� '14ZZ p•RGM= ,.CAVA RASENI NT AGREEMENT Tha,undersigned,hereinafter referred to as"i!.►fantor"fbr and in Consideration of ORO Thousand and Noll 0.0 0011am(S),090..00)and other good and valuable coaaidcrati,bn,the.recdipt whereof is hereby acknowledged, do hereby grant and convey unto U 5 WMT'Wirclass, L.L.C., -it Delaware Limited" Liability Company whose address is 1999 Broadway,Tenth,Floor,Denver,Colorado 86202,herainaftnr referred to a:: "Granter. its successors, assigns, lessees, licensees and agents at perpetual appurtenant nonexclusive-,casement,'hereinafter the"Basement'; to construct, reconstruct, modify, change, add to, operate, maintain and remove utilities for the benefit of its telecommunications facilities, including electric,and telephone utility Service, from time to time, as Grantee may require upon, Ovw,under and across the fol-lowing the land situated iu tho.County of Bing, State cif Washington, whi h tho Grantor owns or In which the Grantor has any interact,to wit; . �. See Exhibit A atachea hereto for depiction of Easement. Grantor further conveys to Grantee the following incidental rights: (1) The right.of ingress and egress over and across the.lands of Grantor to and from.the above-described property and the right to clear and keep cleared all woes and other obstructions as may be ncoessary for the-Grantee's use and etijoyment of the tasetnent (2) Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted, .ora4tea shall have no responsibility for pre-existing environmental contamination or liabilities, u. (3) Grantor reserves the right to occupy,,use and.cultivate the Easement for all purposes not p inconsistent with the rigl�,ts herein granted (4) Grantor covenants that he/shethey is/are the fee simple owner of said land or have an interest in said land and the right to,grant the Easement and will warrant and defend.title to the land against all claims. (5) Grantor hereby covenants that no excavation, building, structure or obstruction will be .. m constructed, eroctcd,built or permitted at;the Easement area and oo change will be made by grading or Otherwise to the sur#acg or subsurface of the Basement or tq the ground immediately.adjacent to the ! Easement, St� ate- TOfit.S �►+.� rf..,r e: P it-7V'z bt GT-L (6) The rights,conditions and provisions of the Easement sha11 inure tea the.benefit of and be binding upon the heirs,executors,administrators,successors and assigns of the respective.parties hereto, The Easerrment shall run with the land as to.all property benefited or burdened,including airy division or a partition of such PTOPCIV- (7) Any claim, controversy or dispute arising out of.this Agreement shall be settled by t arbitration in accordance with the applicable rules ofthe American Arbitration Association,.atid judgment upon the award rendered'by the arbitrator may'be.entered in any court having jurisdiction thereof, The arbitration shall be conducted in the county where the property is located, e; �wreeesaaMsys •thne,x�nw„�oaw,wq SEA]Sl AUG-2.6-00 14:22 'FIROM. IT7■{3@ P9AG8 20/22 Dated this day or 1998. .,r,G�iG�y����• J li*—°�..,. � �rt�1 31�I aS 1•-:�.4Jw�ot*.�"""+� .Grantor Gran#nr John Wilkinson (Individual Acknowledgment) STATE OF WA'SMNGTON ) COUNTY OF ) I certify that I know or have satisfactory evidence th VIt T� is the person .who appeared befam rno, and said person acknowledged that he signed this instrument and acknowledged it to be his free and'voluntary act for the uses.arid purposes mentioned 4n,the Instrument. Date& nature) (SEAT,ae Stamp,]+ ���►� �/1f /� . tic) 4�f, My appointment expires: STATg OF WASHNGTON ) COUNTY OF 1.eertify that I.know or have satisfactary evidence that L }V( r is the person who appeared before ,men and said person :acknowledged that he signed this instrument and acicnowlccl:ed it tote his free and voluntary act for the uses and purposes mentioned in the instrument. Dated; �5me I. GSEAL or S.6-r,3p) 1 (Title) My appointrent expires_ .ld 'r pu�wnposa�orwiswswasr,DIAEMNfi�nFW�{4597.AOII SEA01 AUG-26—W.D '14-22 Irleom, SD.96 PADS 21/22 t`..1'i#Y1l'e4 U S WEST vb&l I..C. BY: STATE OF COLORADO I aertjfr r that I know or have satisfactory evidence that ')0 j,,.l5,a s.Q S WEST Wireless,.L:L.C., a Delaware Limited Mab£lity Comp ay-, is the person, who app d before me.and said poison ael6owledSed that he signed this in and acknawIedged it to-be his free and voluntary act for the pses and purposes mentioned in the Instrument. Dated: ''tom_q? n ,.�,, (Signature)[SEAT orof.Coioracto � � rt-.le L.ivarson (Title] ary Public My appoinnnent expires: { STATE OF COLOR O ) }ss. ,0 s nueK COUNTY OF ) I certify that I know or have saiisfaotory:evidenae that Mtkd eiia�u�-.a ,.of Y1 :S WEST Wireless,LI.C., a Delaware Limited Liability Company, is the person vvho appeared before met and Said person acitnoWledged that he signed this instrument and seknowledged it to be lYis frae and voluntary act for fie uses and purposes mentioned iti the instrument. cs t�rr �f� [SEAL nr Stamp) :!!NOT:ARYY,A SCMROEN My appointment expires: 'ZII)&O PUBLIC ATEOLORADO y met p1m, IV,1laaDt Q exaweoocsvcrua�suswear.p�AEwma,i.wn{Pso:,00i� �EAI51 i li xA „ s. � Q�L a . ztI333 S� 3 ■ CL Lj o •� �U 'Ln U) a 05 < w � 4 M s � r� r' ism 0 e � M z 13 r. y y E 11,11111�l U ilk Idt61A.., o �� t 1a1..ns.b Hut 1 1 1,-.a1.. . Iwo all -L .a4 1.4611 ...t Lft La. � a .s lid Nil!dllgl�11 1111,�1) r. -- ---- —4N 3nmv„v v-i:�, • & oil � . 01-0 ix _$ , •. : , � � grill .1 x z a ly i• a �J f I i rt f If ii a 05 . ,_ p .. mwnr Zoo {1 vs 1' rf �� gillOgg J I i 1 fJJjJ/Ajf�; a T e pp N t bi Fill I -------------- din ! N )w} s q�go r Y 1 I MI- "' 1 1r a _ i yp k fib fit o I I I Ou a a i y pp p Yb y a a C a tot �ait+��:ice' • ; Y ��tli" �� � ' � � � g t9'�,�6 � 06000+.k�3� e®t3 � r p• o lot pp i rytl _ Mt h x 0 i +o � 00 ! ;H �a140 � �.will., ry'P Q� i _,spa• S f.�. a e p a f k f ilkS_a8 y � All IL • a ga k day:_ , ,� s. r IN t.t t m + f' Ask W i P allIP m ` lilt T 1i if • 4 ¢ 1 M 1 I �,- � sri���$ c e5 0®�g o �❑. �1»�;ier$�� IItYEII�t t� �9i w�1 d� N i v. 4 — j. �q I �•.Yew I a 1 - .r . � 6 lim opp • " M a N � 1 a a p q . q {n 7a {f 1wY q q V imp .a t ' A p O P 1#J �r r fit lilt P k� V • i p � .1 Ct• rz 3 S.. t �u Y �} y P�tt e p N _ I s .L �±y �q AO �� � �.a a a a ♦' «rail one-�otlSand , and consideration° erebY tbd rati?'t vvineroof is h to a$i`�,rantar" for C n Dolawaie Limited valuable consideration: �� 02,t►ereinar VA bercinafter xefsrre dand Wireless Colorado$dal appurteOnt The undersign 00 and other sfte over, p0(.r�t and.convey an . Tenth floor,De Brits a perP add to, and 01100 D0l �1horeby g roadwWY, fi nsees and a modify .change, owledged, y�hose-address is 1999lessees, onstruct, facilities, index g d actin any ,� dcessors, assigns= „ tq construe.Tec unications f under atld l,;hbility Gom,DA rantee � its � er the ii�aSement � telecon"' a cis$, tox tine benefit of its P w the Gran referred to as ent,$ereifli �irantee may re4� lvs. utilities for tame to time, State.of $shrnBton' nonexc easexr► d xemove from- of Kong, mdtteleph°ne utility$s��' Cout+�' operate, the land ted in ,.to wit: electric W following interest of-Easement, across cY►e Grantor has any hereto for depiction owns or in wboch �����a�chad obit See i rights' in$iricidenl ra,tc►tox to.and from the Granter the followthe lams hex obstrudtlons as way ex conveys.to and across Grantorfurth and egxess od keep cleared all trees an tight of ingress t to clear an lenient. ,The rig and.the��e of the Fa It of GxanteE's Prop?'ty oyment Grantor as a result for ribe P and enjoyment o Gran iesponsi6i1it5' aboveA the Grantee s use a causede shill have no be necessary for Grantor for all damag dernnifa' es for granted• Gxan Grantee shall in riviles a!1 urposes not of the nghts and P• or 1)abilitie • sernnent for P ent cXercise snatoaro negligent er►vironmentul donor and cultivate the pre-existing the right to occullyt use ex of said land or f►aye an Gcantpr hts hereingranted, le own title to the land. are the fee sirup d,defend with the rigd will wartant aim Inconsistent that helshelthey-meat an Grantor covenants rant the ctiori will be (4) the Tight tog obstnl din&Of said Land and building, structure °e madc by ' ;merest ant claims. excavation, d no change$will b adjacent to the against covenants that tan area round o<unrnellately" A to t~f�Y0 hereby fitted on e E4senmee t the.gI p, ( � Grantor h ace ll the and be built or Perm EI, N� of tt of acted:erected, ubsurf i~ ` eben cons r to the surface ors -yt.S-r+n+k kA t arties her eto• �v" taT�to otixerwise ' of the'irasement shall the respective P division or F, S Ment, OA 4 f" and p nd assigns of-,he Includiiig any roV i5i4n� burden ' t rights,conditions, surcessors (�� The rig ndzrainistrators, {aencfrted or Upon the heirs,executors, , all property be settled by binding up with the land as to P reement shall udsment ;. e Fosement shall sari out 4f tb's Agreement arod] The of such Prop�axty' ate arising Arbitr91tion . thereof partition doniroversy or dispute the American }saving junsdidtlan claim, rules of any court (7) Any v,ith the applicable enter .in gi5l a be e e rppertS'Ss located. itrauon in accordance b the arbitrator wl re th P upon the award Tendered y; , county .,1 candocted on the arbitration shall be .. ww t4597.001) otr, "• c;�:,wvpaM� � stirs L� _ r , 44, i Dated this Cr day 1.998. Grantor Grantor Jcho Wilkinisbn (Individual Acknowledgment) STATE OF WASHtNGTON )ss. COUNTY OF 1 certify that I know or have satisfactory evidence fli hti ~=``10tv is the person who appeared before me,and said person acknowledod.that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the idstruthent. Dated: _+ ` ` nature) ,+y t`IEW.or Stampl � -(Title) My appoiritment expires: 1J/ STATE OF WASHINtaTON ) COUNTY l O i certify that I know or have satisfactory evidence that 1�- 1 pvt- is the .person who appeared before me, and said person acknowledged that he signed .this instrument and acknowledged.it to be his free and voluntary act for the uses and purposes mentioned in the instrument.. Dated: 2 (S' ature) (SEA_or Sta opl D ', (Title) My appointment expires,, . cac:vwroocsNyokmsuswess,ai�.�„tarwo(9597.001) SEA 151 Aim '+ Grantee U S WBST BY. ITS: STATE OF COLOIiAI)O ) COUNTY of ) of U I ccrtify that I know or have satisfactory evidence that _ _- r b+ef is the S WEST Wireless,L.L,C., a Delaware V"mited Liability Com ore p y, I rson who appeared me,and said•gersOn acknowledged that he signed this instrument and acknowledged it to be his free and voluntary,act for the uses and purposes mentioned in the instrument. Dated' 3 -q 91 (Signature) [SEA or t Q of CQloraw Jr _ pebble L.lvat'M {fide) j �,, WOO Public My appointment expires: 4 - �- STATE OF COLORADO )ss. COUNTY OF 4Is n11E ) 1 _ a4i�i.trt-wo �,,, lJ I certify that 1 know or have satisfactory evidence.that M tk4 of S WEST Wireless,L.L.C., a Delaware Limited Liability Company, is the.person who appeared before me, and.said person acknowledged That he-signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument Dated: (Sig ature) [.SEAL or StarnP) (Ville) ffINOTARY ALAS!-SC My appointment expires: r 2 r zaaf " PUBLIC OF CUl i);-. My COMM Rwres tal,rl�obt c:lcawrubcs�onn+suswEsrniM.rm+eeLw..(9)e7.00u SEA15I ExM.IT A To'be attached upon completion.Location.of said easement to be Mutually agreed upon by both Grantee and Grantor* .c:�t:�wpnacs�oa*c�`�T•.Di''E""°nx.Ws t9S91,001) SEAM AUR»2g-00 14: jokes® PA 2,�2i'X2 -13 F1OMQ US WEST �% rr Site# 5 1� Site Sketch Site Address vvj M Y Ic�aLl97 GVEi � � �W►z�a•� hM+;SAL SS x i J lndlcaxe;lease sr'zs durwecu jrotr� known propeny houadmy or srrucrure, exrsan,srrucrure heighi(s)an dxsrance frarn proposed tease area,9ccess routes adj.road$ut�Locate Nearest�es�power horth tr'ansf0rmerl as w Ii as telca(t l�cararn, e demising lines, and access ro leas g Zem ngsetbacks from property lines l rslevarsr,f Si�ein�o.uce µay-21-Q4 IWIpm From- +50925i7391 T-946 P.02/03 f-946 y Im Rim 706 Q w e ISON of SAO"I a Janru�ay�8,�a44 via 17.8.C"ewed nit.Re j city ofut Attr,.:O y Mager j 220 4tb,'Avcnue South Knit WA 98032 Rfe* Opilcm md,ya�Nt�e Leue Agre'(e�t�rnomtt(Site j�ii=tj:ac2tia�,n X0, , �.,1�51)'b. aypa bp� �{a�(�iry. 41 1b µLandlo ),9wd QwuL rT,6ti OSS.M�LCJ7 YY ys irWmr,L L C,,i July 20. 1998(tb'r 1228 SE 234thPlac+,lgat,Wry 98031( to"Sie) A=City.iidtnage r Qw +t Vt it less.lhI.�G.? eMteretl iota an"9rftnC4t with Sprint SpCehuM L,p.CSprin ),that allows Qsyl=Wirolcss,L.L,C and Its subsidiary,TW vnaem,L.LC,(conwdv4y"QwW 4 1YiMwa")to offer Qwest Wiraloss customers nr4oual ooihtlg tolephoaeserijae, As a teslclt of this agm mJ=nt+ Qwm W'relcss intcuds tv ussiSn all ofits Sight.%3ntc and ablii,$4t =S in ft Lrase to Spriw ar rite of its Spit uffrtiat u, Uu&."the fej=of tho "Bt;,yourmv4jum approval is neriedd to cornpleto fl is as3jqmmwt, Trt i dditiM for a shArt tranaidau peda(�Wcwt will aox1ftuo to,srqtt m scams to The Site.after the aggipmew to COMPleta theaWg=unt pTPM�s and the tmn3itiem afi#s amen to SPHWH"nctwort Qwast Md Sprier QqiupmMt may coatis ue tb gerate ahuftaueoua for this sb=trausitaou pcniod. Please aigR`w,hcrc Indicated bclnw and return tWo orii&OA uxteats bO&k to ruu bc#ote Fobruat°y.l 3,2404,8ztd kccTiaS the copy thAt wo}uovided for ynW Ttoo a. y"your co>4vaniencc,a cio cl please find at selfAddrmud,"ed envelope. Wtittt tt cax>f"uanatitln wt`Il be)smt tO*1 upcta the cothpletiOn of thO assYgnm 9 1f'You mquire addibouul Inform4iton, 1 i•Slftst:foci frco to acmW Daaiclle Edson at 20&345.2540, t ly. 6 j j Msy-21-04 12;12am F r om- +503251 P361 T-940 P.08J09 F-346 V281It} 4 page 2 of Z i I T.s dlord h+t reby omits to the 434MMt of the Lem by Ow='Wkck to' at to a ontl4rtuAta DOMP Y and to tt uccaa alzd op=tious dlanw the tam pound al toted i above,; As of theW=dvt+ deco of mwh aasi,mca t '4&das a1U be n4l#vtd off'an parformanco;,liabRida 04 obliplim tMder the lam, ;Date: 2004 -�- 'I'rt1e.,..,,.. . i 1 ' i ' 1 i 1 ` 1 i TOTFA. P.03 Attachment 5 to the SLA Land Owner's Consent Owner's consent is required and is attached hereto. 13 SEA ARBOR VILLAGE 4824-1890-4408v.3 0052051-000032 . AW ., wireless November 3,2017 City of Kent 220 Fourth Ave. S. Kent,WA 98032 VIA EMAIL Re: Verizon Wireless Temporary Microwave on Sprint Tower Blue Boy WT 11228 SE 236 h Pl. Kent,WA 98031 Dear City of Kent, Verizon Wireless requires 2 temporary microwaves to be installed on the Sprint Sites USA tower located at 11228 SE 236th PI.,Kent, WA 9803. The microwaves will act as a temporary repeater delivering telecommunications data to the new Verizon SEA HIGHFIVE site until fiber can be delivered to SEA HIGHFIVE. The microwaves will be deployed for up to 6 months. The microwaves will be removed once fiber is available at SEA HIGHFIVE. Verizon is requesting to add(2)2'microwaves with(2)integrated ODU along with(2)cables on the Sprint tower along with a frame mounted cabinet on the ground within the fenced facility. The work involved is minimal and should not disrupt your operations in any manner. By executing below,you acknowledge your approval for Verizon and Sprint Spectrum L.P.,to proceed with the addition of the temporary microwave dishes. Please sign and return a copy to me at PO Box 2449, Snohomish, WA 98291 If you have any questions,please contact me at billnortlitn�not-tharoLtp.net or by phone at(425)876-2909. Thank you for your cooperation. Sincerely, 3t-�, 40�1 Bill North By: The North Group, Inc. Print Name: C Authorized Verizon Wireless Representative Dated: Attachment 6 to the SLA Sprint- Contact List Name Address Contact Number Sprint Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway (800) 357-7641-Phone Overland Park, Kansas 66251-2650 (913) 523-9735-Fax. Re: Sprint Site No. SE60XC302-02 Real Estate Attorney Sprint Law Department (800) 357-7641 Phone Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS.66251-2020 Re: Sprint Site No. SE60XC302-02 14 SEA ARBOR VILLAGE 4824-18904408v.3 0052051-000032 REQUEST FOR MAYOR'S SIGNATURE • Print on Cherry-Colored Paper KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Christina SChuck Phone (Originator): x5788 Date Sent: 5/30/18 Date Required: 6/1/18 Return Signed Document to: Michelle Novak Contract Termination Date: 9/30/18 VENDOR NAME: Date Finance Notified: / Sprint Spectrum and Seattle SMSA LP dba Verizon Wireless (Only required on contracts p p 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified:n/a (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificali Account Number: Authorized in the Budget? YES3NO Brief Explanation of Document: Verizon Wireless is subleasing from Sprint Spectrum a portion of the premises to which the City is leasing to Sprint at the Blue Boy Water site. This document allows the sublease, charges admin fees and additional rent, and acknowledges the terms of the lease between the City and Sprint. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Ma or: Shaded Areas To Be G Atod sa Received: MAY „� y 9 2018 Recommendations and Comments: r �3/� C ° Disposition:J ap Cie Date Returned: ;4 Pi ivil\Forms\ ocument Processing\Request forMayor's Signature.ocx