HomeMy WebLinkAbout01-27-2026 - Legal Termination memo1
Cynthia Moya
From:Cheryl Beyer
Sent:Tuesday, January 27, 2026 6:56 PM
To:Lori Lohman
Cc:Legal Admin; Cheryl Beyer; Jeffrey Minisci; Abdoul Gafour
Subject:RE: LAG-23-003 Dish Highlands - Termination?
Attachments:LAG-23-003 Dish Highlands.pdf
Attorney Client Privilege - Do Not Disseminate - Not for Public Disclosure
Lori
Well this is interesting
LAG-23-003
1. Well it looks like a termination under paragraph 38 D. p 20/36 Possibly like they are asserting D 1 that its
not their fault they are ruled against.
2. So it looks like their lease payments would stop Maybe after 30 days from November 11, 2025 they so don’t
have to pay the 6 months rent as damages but they do have to remove their stuff.
38. F. Upon termination under paragraph 38, neither party will owe any further
obligation to the other party provided that Lessee is not in arrears in making its Monthly
Rent payments; provided however that Lessee shall remove its Site Equipment and
restore the site, and provided that, if Lessee terminates this Lease pursuant to Paragraph
38.D.2., Lessee shall pay the City a sum equal to six (6) months’ rent as the City’s sole
remedy for such termination; and provided if the City terminates this Lease pursuant to
Paragraph 38.C.1 or C.2, the City may, at Lessee’s option, attempt to find alternative sites
on other city property in order to allow Lessee to continue to provide service within the
City.
30. Restoration of Site by Lessee and Removal of Equipment:
Upon the expiration or prior termination of this Lease, Lessee shall restore Lessee’s
Equipment Facility Area to equal to or better than its condition prior to Lessee’s
occupancy, including removal of Lessee’s personal property/equipment, excluding
reasonable wear and tear and insured casualty. This work is to be done at Lessee’s sole expense and to the
City’s reasonable satisfaction.
31. Vacation of Leased Premises:
Upon termination of this Lease, Lessee shall cease its operations on and/or use of Lessee’s
Equipment Facility Area. In the event Lessee fails to vacate Lessee’s Equipment Facility
Area from the Property within ninety (90) calendar days of the date of termination, it shall
be liable for any and all costs to the City arising from such failure.
27. Performance Bond:
A. Lessee shall furnish a surety bond or bonds, attached to this Lease as Exhibit F,
attached and fully incorporated in this Agreement by reference, covering faithful
performance of this Lease and payment of all obligations arising there under, including
but not limited to proper construction, long-term facility maintenance, rent, timely
removal of equipment and restoration. The bond shall be in the amount of Thirty
2
Thousand Dollars ($30,000), and be in-force during the entire term or subsequent
extensions. The bond shall be in a form acceptable to the City. The performance bond
for this Lease shall not only indemnify the City for the usual performance provisions of
this Lease, but in addition shall be a bond to guarantee payment of any and all tax liability
of any type, kind, nature or description due as a result of this Lease. The bond shall also
guarantee the removal of Lessee’s Site Equipment and return of Lessee’s Equipment
Facility Area to its condition prior to installation of Lessee’s Site Equipment should Lessee
fail to remove said equipment upon termination of the Lease. Said performance bond
shall be issued to the City prior to the issuance of any permits for the construction of its
facilities on the leased property and shall include a 90-calendar day cancellation clause.
Prior to City accessing the bond, it shall first give Lessee written notice of its intention to
do so and with that notice shall provide to Lessee written documentation to Lessee of the
loss, damage or expense for which City seeks compensation from the bond. If the City so
uses or applies any portion of the performance bond, Lessee shall, upon notice, restore
the performance bond to the full amount above specified.
B. If Lessee has entered into a separate lease with the City for other City property,
the City will consider permitting Lessee to expand Lessee’s existing performance bond to
include all obligations for a performance bond under this Lease, provided however, all
requirements for the performance bond outlined in this Lease are met.
3. Perhaps we need to contact the clerk’s office and finance with this letter.
4 Perhaps we need to write them a letter accepting the termination and reminding them of the obligation of
removing their equipment and when they plan on doing that…. If they actually got any constructed.
h/contract/2022/2237
Cheryl L. Beyer
Senior Assistant City Attorney
City of Renton
(425) 430-6486
cbeyer@rentonwa.gov
From: Lori Lohman <LLohman@Rentonwa.gov>
Sent: Monday, January 26, 2026 8:06 AM
To: Cheryl Beyer <CBeyer@Rentonwa.gov>
Cc: Legal Admin <LegalAdmin@Rentonwa.gov>
Subject: LAG-23-003 Dish Highlands - Termination?
Hi Cheryl,
Does the attached letter constitute a termination? Do you have advice on next steps?
LORI LOHMAN, Facilities Coordinator
City of Renton // PW Facilities
Cell: 253-740-7807 Desk: 425-430-6609
Hours: Monday – Friday 7:30 am – 4:00pm
Need to submit a work order?
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