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Home My WebLink AboutLease LAG-96-001 Site!:o' RE LIT • CO 1 . C 1 PCS SITE AGREEMENT Site Name U, t"4-Y (....4' 0.ervi-pn Site Address 3_-}t O N t 7 a L .,� S R c t R e rvit r t.-V 1. Premises and Use Owner leases to Sprint Spectrum L.P . a Delaware will cooperate with SSLP in SSLP's efforts to obtain utilities from any tocab, limited partnership('SSLP").the site described below: provided by Owner or the servicing utility Address: 3,-{to 1.1E 1-_-11.1 S•} • 11. Termination. SSLP may terminate this Agreement at any (Check appropriate box(es)J - time by nob, to Owner without further liability if SSLP does not obtain all permits or oth ❑ Real property consisting of approximately square feet of land: approvals (collectively, 'approval-) required from any governmental author ❑ Building interior space consisting of approximately square feet: or any easements required from any third party to operate the PCS system. (? Building exterior space for attachment of antennas: if any such approval is canceled. expires or is withdrawn or terminated, or 6a Building exterior space for placement of base station equipment. Owner fails to have proper ownership of the Site or authority to enter into th ❑ Tower antenna space: Agreement. or if SSLP, for any other reason, in its sole discretion,determine Space required for cable runs to connect PCS equipment and antennas, that it will be unable to use the Site for its intended purpose. Upon terminatio in the location(s) all prepaid rent shall be retained by Owner. ("Site) shown on Exhibit A. together with a non-exclusive easement for 12. Default. If either party is in default under this A reement foraperiod reasonable access thereto and to the appropriate, in the discretion of SSLP. g Pe source of electric and telephone facilities. The Site will be used by SSLP for (a) 1days defaultdwhichng receipt of notice from the non-defaultingpayment o party wr , the purpose of installing, removing, replacing,maintainingand'operating.at its respect) 30to a olow may be curedifromy by the efaunt gf money, (b) 30 days following receipt of notice the non-defaultingpartywi'. expense, a personal communications service system facility ("PCS"), o including.without limitation, related antenna equipment and fixtures. SSLP will theresn. in to ta defaultwhichmay not be curedgsolelypartyby the payment of monde use the Site in a manner which will not unreasonably disturb the occupancy of then, t either event. the non-defaulting der may pursue any remedieng, Owner's other tenants. available to it against the defaulting party under applicable law, including, b; not limited to, the right to terminate this Agreement. If the non-monetai 2. Term. The term of this Agreement (the 'Initial Term") is-fen:years, default may not reasonably be cured within a 30 day period, this Agreemer commencing on the date ("Commencement Date") SSLP signs this may not be terminated if the defaulting party commences action to cure th Agreement. This Agreement will be automatically renewed for ou eadditional default within such 30 day period and proceeds with due diligence to fully cur tern' (each a 'Renewal Term-) of•(•eN years.6aeit, unless SSLP provides the default. Owner notice of intention not to renew not less than 90 days prior to the 13. Indemnity. Owner and SSLP each indemnifies the other against an expiration of the Initial Term or any Renewal Term. holds the other harmless from any and all costs (including reasonabl 3. Rent. Rent will be paid annually in advance beginning on the attorneys fees)and claims of liability or loss which arise out of the use and/c: Commencement Date and on each anniversary of it. Until the earlier of(a)the occupancy of the Site by the indemnifying party. This indemnity does nc date which is 30 days after the issuance of a building permit for installation of apply to any claims arising from the sole negligence or intentional misconduc the PCS,or(b)the first day of the month following commencement of physical of the indemnified party. preparation of the Site, the rent will be 51860, the receipt of which Owner 14. Hazardous Substances. O vner represents that it has no knowledge c acknowledges. Thereafter the annual rent will be $ -1,Zo0..o r' chemical or waste collective) partial years to be prorated. -- : -- - ---- •--- -- Y substance, (collectively,"substance')on the Site that i tiarm�al n t it e#�Q for , identified as hazardous, toxic or dangerous in any applicable federal, state c p� Q nt��t)+��, local law or regulation. SSLP shall not introduce or use any such substance Tcrm. as the cele may be,increased by on the Site in violation of any applicable law. 4. Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the Site; (b)that it has the right to enter into this Agreement; 15. Miscellaneous. (a) This Agreement applies to and binds the. heirs (c)that the person signing this Agreement has the authority to sign; (d)that successors, executors, administrators and assigns of the parties to this SSLP is entitled to access to the Site at all times and to the quiet possession Agreement; (b) This Agreement is governed by the laws of the State in.vhict of the Site throughout the Initial Term and each Renewal Term so long as the Site is located; (c) If requested by SSLP, Owner agrees promptly tc SSLP is not in default beyond the expiration of any cure period; and (e)that execute and deliver to SSLP a recordable Memorandum of this Agreement it Owner shall not have unsupervised access to the Site or to the PCS the form of Exhibit B; (d) This Agreement (including the Exhibits) constitute equipment. the entire agreement between the parties and supersedes all prior written anc verbal agreements, representations, promises or understandings between the 5. Assignment/Subletting. SSLP will not assign or transfer this Agreement parties. Any amendments to this Agreement must be in writing and executer or sublet all or any portion of the Site without the prior written consent of by both. parties; (e) If any provision of this Agreement is invalid of Owner, which consent will not be unreasonably withheld, delayed or unenforceable with respect to any party, the remainder of this Agreement o conditioned: provided, however, SSLP may assign or sublet without Owner's the application of such provision to persons other than those as to whom it i- prior written consent to any party controlling, controlled by or under common held invalid or unenforceable, will not be affected and each provision of this control with SSLP or to any party which acquires substantially all of the assets Agreement wilt be valid and enforceable to the fullest extent permitted by law of SSLP. and (f) The prevailing g party in any action or proceeding in court or mutually 6. Notices.All notices must be in writing and are effective when deposited in agreed upon arbitration proceeding to enforce the terms of this Agreement i. the U.S. mail, certified and postage prepaid, or when sent via overnight entitled to receive its reasonable attorneys• fees and other reasonable delivery,to the address set forth below,or as otherwise provided by law. enforcement costs and expenses from the non-prevailing party 7. Improvements. SSLP may, at its expense, make such improvements on The following Exhibits are attached to and made a part of the. the Site as it deems necessary from time to time for the operation of a Agreement: Exhibit A. B, B 1, 8.2, C transmitter site for wireless voice and data communications. Owner agrees to cooperate with SSLP with respect to obtaining any required zoning approvals for the Site and such improvements. Upon termination or expiration of this OWNER: City of Renton _ —__ Agreement, SSLP may remove its equipment and improvements and will By: 4 _ _ restore the Site to the condition existing on the Commencement Date. except Its: Mny.nr for crdinary wear and tear. - S.S.rTax No - Alla __________ 9. Compliance with Laws. Owner represents that Owner's property �j —. (including the Site), and all improvements located thereon, are in substantial ��: / / -/" . compliance with building. life/safety. disability and other laws. codes and Address. 200 Mill A ue South regulations of applicable governmental authorities SSLP will substantalty �Renton, WA 98055 _ _____ comply with all applicable laws relating to its possession and use of the Site __ Date _____________ 9. Interference. SSLP will resolve technical interference problems with other equipment located at the Site on the Commencement Date or any equiani,nr that becomes attached to the Site al any future date when SSLP des res to SPRINT SPt.CTRU L P^� Delaware !im ted par nersh f; add additional equipment to the Site Likewise. Owner will not permit tt,,n By �.�1j — installation of any future equipment which results in technical nterte encs Its: — — ir --____ problems with SSLP's then existing equipment —-----!----ra- 30. Utilities. Address 11000 NE 33rd P!ac e. Suite 2.00. Bellevue. WA 98004 Date. © ' a Serie arc a.oilat'e SSLP will pay for all utilities used by it at the Site Owner ` fr''— --- r� i : lc__ O Continuation of owner S•gna1ures tofdovvSlir rr�ektr c1yjt '.3 '° f Date 3/4/96 -- —Version 2 1 ---- ------ ---- CeR(li,. EXHIBIT A O. Site Name t-11 of 0 ,r1 PCS Site Agreement Site I. D. REV--DL'7 tD 1 Site Description rn Site situated in the City of i re)0 , County of IIV' ' , State of (O Alii Y/ommonly described as J 1410 LVI- Iz-i"V1 +- Sketch of Site: MNPanel Antennas locat►:�Z�Z�:1 1'.�:�Z�.i.�.�'�:�Z-IT/;_II S'<-- Tower d O k wWater t II, . Highlands 1- ese .y,ior 1 1,111 HEN' -- 007 0 , 1LI1 O=-i'H VI1� y IiIii' F.X1Stln�? . 11 Iter * Not. To Scale * Final Equipment. Location Subject. 'ft Approval t Owner Initials SSLP Initials -11- Note: 1 -Note:Owner agrees that SSLP may.at SSLP's option, supplement this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and/or an as-built drawing depicting the Site. El Legal description follows immediately ORIGINAL Date.3/4/96 Version 2.1 Seartir EXHIBIT A Site Name City of Renton PCS Site Agreement Site I. D. R_E11TT-Q_Q'7_01 May Valley Site Description Site situated in the City of Renton , County of King , State of WA commonly described as Sketch of Site: Aerial View Highlands Reservior RENT-007-01 South End Of City Of Renton Property �� ,v Sector 1 Water ,, \ Tank y ector cv \ 3 .7 w m n Sector 2 ' , 11Underground o Coaxial Cable Run a r +] ■ y ro a N Reservior o ' I15' x 10' m Co • Proposed Site m a • Enclosure 8 • - \ Existing i8 ree Structure 44,02i7 Jitafr Altok 1'01 ;�a 111 -To or .4r 7,4o` -1r NORTH 5' 10' 1 Gate * Not To Scale I 328.12' E Power/Telco ❑ Power/Telco NE 12th Street Owner Initials SSLP Initials ri'(L- - Note:Owner agrees that SSLP may, at SSLP's option, supplement this Exhibit with an exhibit setting forth the legal description of the property on which the Sit,:; is located and/or an as-built drawing depicting the Site n A 0 Legal description follows immediately J R I l f I NJ / 1 Date.3/4/96 Version 2.1 Scott!, Now EXHIBIT A Site Name Ct o ter\ PCS Site Agreement Site I. D. R•E' T• 001•c7 1, n Site Description �kk�.�S 2 c�,y a�Y- Legal Description of Property: The east half of the southwest quarter of the southwest quarter of the southeast quarter of Section 4, Township 23 North, Range 5 East, W.M. in King County, Washington; LESS county road. rlls.•'Ud/'OVnrcinn 9 1 Seattl, Noe Nue • AFTER RECORDING. RETURN TO Sprint Spectrum 11000 NE 33rd Place.Ste. 200 Bellevue,WA 98004 -EXHIBIT B Site Name 0 1 t '-ii of - ( }-an PCS Site Agreement Site I. D. �T• oo p •i. 4lsk\wv�%Q.c c2401 f Memorandum of PCS Site Agreement This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated /UWE' 27 19i(., between C t-}-y o4 go.,Lt-o r ("Owner") and Sprint Spectrum LP. . a Delaware limited partnership("SSLP"), the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 3 4i O Ne- 12-1-h s t- City ofRa."-toe‘ County of Ki•-. , State of li)asVN't.,.,1{.o •A , within the property of Owner which is described in Exhibit B.1 attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five(5)years commencing on .7b(^/E a 2'7 , 1924 which term is subject to four(4)additional five (5)year extension periods by SSLP. • IN WITNESS WHEREOF,the parties have executed this Memorandum as of the day and year first above written. • "OWNER" "SSCP" City of Renton Sprint Spectrum L.P.,a Delaware.limited partnership By: , ...11......k....."-r--7By: ( . 4 — r , , Name: Jesse Tanner Name: [ : ,f1, Title: ,Mayor N. F r ,,'fit . -T n1 -� Title: t d is Address: 200 Mill Avenue South Address: 11000 NE 33rd Place.Suite 200.Bellevue,WA 98004 Renton WA 981.1rlilk fl Contin..1 ,., .f.w ,-r si.n �r • . i e• ately riti ATTEST t ✓SA .ii' �� i Marilyn J. Pe�rsen, City Clerk Owner Initials v SSLP Initials 'fk"- IPIMA1 [dare �aivS --- - , Noe '4100 Site Name C_ fl ' n Exhibit B.1 Site 1. 0. (.-E-1.)1-- • oo-t . o Memorandum of PCS Site Agreement: Legal Description of Property Legal Description of Property: The east half of the southwest quarter of the southwest quarter of the southeast quarter of Section 4, Township 23 North, Range 5 East, W.M. in King County, Washington; LESS county road. t j l ? 14 Seattle Date 3/4/96 Version 2.1 n( `4.00Site Name �t '-LA 0 1��-o 1'1 Exhibit B.2 Site I. 0 • 0 ( !-‘• o; Memorandum of PCS Site Agreement: Notary of Signatures CORPORATE-SINGLE STATE OF W4SI4//vW/1) COUNTY OF K1N I certify that I know or have satisfactory evidence that c.ESSE -40/EiQ„ is the person who appeared before me and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to executf the instrument and acknowledged it as the MAYOR. of CITY DF R€NTON a corporation, to be tht free and voluntary act of such corporation for the uses and purposes mentioned inthe instrument. Dated this a7day of J(A/1114. , 1996 (AFFIX NOTARIAL SEAL) FFICI NOTARY S NATURE) NOTARY PUBLIC STATE OF 144411406 r w LISA STiP14EN5 My commission expires: 1d_i 9 (PRINTED,TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: NA STATE Pc (AS M run • COUNTY OFr•--4 V113 certify that I know or have satisfactory evidence that Tel) Hbt4(t, is the person who appearec before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorizes to execute the instrument and acknowledged it as the authorized employee of Sprint Spectrum L.P. , a Delaware limiter partnership, to be the free and voluntary act of such limited partnership for the uses and purposes mentioned in the instrument. Dated this (11 day of Y , 199Le (AFFW5�t� EAL) ( FICIAL NOTARY SIGNATURE) .41) to.4 , i.VVoaa,o,p .. _ �� ''�R � NOTARY PUBLIC—STATE OF �(�� ►� •-c skop4 w �Me aa • e X01 Ar' , T� J // * g D _y. 'I •• (i iz4n ibh 442Ss,4, T I17 ( RINTED,TYPED OR STAMPED NAME OF NOTARY) rd` 6411 ' 0 COMMISSION NUMBER: „i 1 } 1 M * $ t t l �'i y i � EXHIBIT C ADDENDUM Site Name: City of Renton Site I.D. RENT-007-01 This addendum amends, supplements or modifies the terms of the PCS Site Agreement, to which this Addendum is attached. If there are any inconsistencies between the terms of this Addendum and the terms of the PCS Site Agreement, the terms of this Addendum shall govern. All other terms so amended, supplemented, or modified shall remain in effect. TERMS: Premises and Use. SSLP will have the right to access the premises for the purposes set forth in paragraph 1 of the PCS Site Agreement, and said access shall be limited to space leased, which consist of a 150 square foot area for the BTS equipment, the coax run from BTS equipment to antennae, and the antenna space on the elevated water tank. RENT. Lessee shall pay Lessor, as rent, the sum of$7,200.00 per year. Rent will be paid annually in advance beginning on the Commencement Date and on each anniversary of it. Until the earlier of(a) date which is 30 days after the issuance of a building permit for installation of the PCS, or(b)the first day of the month following commencement of physical preparation of the Site, the rent will be $100.00, the receipt of which Owner acknowledges. Partial years to be prorated. At the beginning of each year thereafter, the yearly rent shall automatically be increased in proportion to the increase in the"All Items"category of the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics of the U.S. Department of Labor for Seattle-Everett Metropolitan Area(1967=100) (the"Index"). The first adjustment shall be based on the amount, if any,by which the Index for the 12th month of the Lease term has increased over the Index for the month preceding the commencement of the Lease term. Subsequent adjustments will be based on the amount, if any, by which the Index for each subsequent 12th month of the Lease term has increased over the Index for the 12th month of the preceding 12-month period. If the above referenced Index is discontinued, the parties agree to use a locally available comparable substitute. Insurance. Lessee, at its cost, shall maintain public liability and property damage insurance, in an amount not less than One Million($1,000,000.00) Dollars. Lessee shall name Lessor as an additional insured and shall provide Lessor certification of insurance confirming the same. Such policy will provide that cancellation will not occur without at least 30 days prior written notice to the City of Renton. Neither party shall be liable to the other(or to the other's successor or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement. ORIGINAL