HomeMy WebLinkAboutLease LAG-09-005
Market:SEATTLE
Cell Site Number:SEA-238-A
Cell Site Name:Liberty Park
SITE LEASE WITH OPTION
THIS SITE LEASE WITH OPTION ("Agreement") is entered into this 94P" day of
2009 ("Effective Date") by and between The City of Renton, a municipal
co oration of the State of Washington, having an office at 1055 South Grady Way, Renton, WA 98055
("Landlord") and CRICKET COMMUNICATIONS, INC., a Delaware corporation, having an office at
10307 Pacific Center Court, San Diego, CA 92121 ("Tenant").
1. OPTION TO LEASE.
(a) In consideration of the payment of two thousand and No/100 Dollars ($2,000.00)
("Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease the use of a
portion of the real property located at 200 Mill Ave. South, Renton, WA 98005, as more completely
described in the attached Exhibit A ("Property"), on the terms and conditions set forth herein ("Option").
The Option shall be for an initial term of twelve(12)months,commencing on the Effective Date("Option
Period"). The Option Period may be extended by Tenant for an additional twelve (12) months upon
written notice to Landlord and payment of the sum of two thousand and No/100 Dollars ($2,000.00)
("Additional Option Fee")at any time prior to the end of the Option Period.
(b) During the Option Period and any extension thereof, and during the term of this
Agreement, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and
permits or authorizations required for Tenant's use of the Premises from all applicable government and/or
regulatory entities (including, without limitation, zoning and land use authorities, and the Federal
Communication Commission ("FCC")) ("Governmental Approvals"), including appointing Tenant as
agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow
Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, and land-use
permits, and Landlord expressly grants to Tenant a right of access to the Property to perform surveys,
soils tests, and other engineering procedures or environmental investigations on the Property, necessary to
determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications,
system design, operations and Governmental Approvals. During the Option Period and any extension
thereof,Tenant may exercise the Option by commencing installation of the Communications Facility.
(c) If Tenant exercises the Option, then, subject to the following terms and
conditions, Landlord hereby leases to Tenant the use of that portion of the Property comprising
approximately 500 square feet sufficient for placement of Tenant's Communications Facility (as defined
below), together with all necessary space and easements for access and utilities, as generally described
and depicted in the attached Exhibit B (collectively, "Premises").
2. TERM.
(a) The initial term of the Agreement shall be five (5)years commencing on the date
of the exercise of the Option ("Commencement Date"), and terminating at midnight on the last day of the
initial term("Initial Term").
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(b) This Agreement shall automatically renew for five (5) additional five (5) year
terms ("Renewal Term") on the same terms and conditions as set forth herein unless Tenant notifies
Landlord, in writing, of Tenant's intention not to renew this Agreement, at least sixty (60) days prior to
the expiration of the Initial Term or any applicable Renewal Term. If Tenant remains in possession of the
Premises at the expiration of this Agreement or any Renewal Term without a written agreement executed
by Landlord and Tenant, such tenancy shall be deemed a month-to-month tenancy under the same terms
and conditions of this Agreement. At each renewal term the rent shall increase four percent (4 %) per
year.
3. PERMITTED USE. Tenant may use the Premises for the transmission and reception of
radio communication signals and related activities. Tenant shall have the right, at its expense, to install,
erect and maintain on the Premises improvements, personal property and facilities necessary to operate its
communications system, including, without limitation, radio transmitting and receiving antennas,
microwave dishes, global positioning system antennas, tower and base, equipment shelters and/or
cabinets and suitable support systems, and related cables and utility lines (collectively, "Communications
Facility"). The Communications Facility shall initially be configured as set forth in the attached
Exhibit B. Tenant may modify, supplement, replace, upgrade, expand the equipment, increase the
number of antennas or relocate the Communication Facility within the Premises at any time during the
term of this Agreement. Tenant is solely responsible to maintain any repairs, upgrades or further
additions of any equipment in order to be in compliance with any current or future federal, state or local
mandated application, including, but not limited to, emergency 911 communication services, at no
additional cost to Tenant or Landlord. Tenant shall cause all construction to occur free of mechanics liens
and in compliance with all applicable laws and ordinances. Tenant, at its expense, may use any and all
reasonable means of restricting access to the Communications Facility, including, without limitation, the
construction of a fence.
4. RENT. Commencing on the first day of the month following the date that Tenant
commences construction ("Rent Commencement Date"), Tenant will pay the Landlord a monthly rental
payment of one thousand two hundred and No/100 Dollars ($1,200.00) ("Rent"), at the address set forth
above, on or before the fifth (5th) day of each calendar month in advance. Late payments made after this
fifth(5th)day will be charged a penalty in the amount of ten percent(10%) of the monthly rent. In partial
months occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment
will be forwarded by Tenant to Landlord within thirty(30)days after the Rent Commencement Date.
5. INTERFERENCE.
(a) Tenant shall not use the Premises in any way which interferes with the use of the
Property by Landlord, or tenants or licensees of Landlord, with rights in the Property prior in time to
Tenant's(subject to Tenant's rights under this Agreement, including without limitation, non-interference).
Where there are existing radio frequency users ("Carriers") on the Property, the Landlord will provide
Tenant with a list of all existing Carriers so Tenant may evaluate potential interference. Tenant warrants
that its use of the Premises will not interfere with existing Carriers so disclosed by Landlord, as long as
the existing Carriers operate and continue to operate within their respective frequencies and in accordance
with all applicable laws and regulations.
(b) Landlord shall not use, nor shall Landlord permit its tenants, licensees,
employees, invitees or agents to use, any portion of the Property in any way which interferes with the
operations of Tenant. If Landlord receives any request to locate any future Carrier on the Property,
Landlord shall notify Tenant so Tenant may evaluate potential interference. Landlord shall include in the
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lease, license or other agreement with the Carrier, and make reasonable efforts to enforce, a provision
prohibiting the Carrier from interfering with Tenant's communications operations.
(c) Such interference shall be deemed a material breach by the interfering party, who
shall, upon written notice from the other, be responsible for terminating said interference within seventy-
two (72) hours. In the event any such interference does not cease within the aforementioned cure period,
the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the
injured party shall have the right, in addition to any other rights that it may have at law or in equity, either
to bring a court action to enjoin such interference or to terminate this Agreement immediately upon
written notice.
6. APPROVALS: UTILITIES: MAINTENANCE; ACCESS.
(a) Landlord shall cooperate with Tenant in obtaining, at Tenant's expense, all
licenses and permits or authorizations required for Tenant's use of the Premises from all applicable
government and/or regulatory entities (including, without limitation, zoning and land use authorities, and
the Federal Communication Commission ("FCC") ("Governmental Approvals"), including appointing
Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with
and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, and
land-use permits, and Landlord expressly grants to Tenant a right of access to the Property to perform
surveys, soils tests, and other engineering procedures or environmental investigations on the Property,
necessary to determine that Tenant's use of the Premises as defined below will be compatible with
Tenant's engineering specifications, system design, operations and Governmental Approvals.
(b) Tenant shall, at Tenant's expense, keep and maintain the Communications
Facility now or hereafter located on the Property in commercially reasonable condition and repair during
the term of this Agreement, normal wear and tear and casualty excepted.
(c) Tenant shall have the right to install utilities, at Tenant's expense, and to improve
the present utilities on the Property (including, but not limited to, the installation of emergency power
generators) reasonably necessary to provide service to the Communications Facility. Landlord agrees to
use reasonable efforts to assist Tenant to acquire such utility service. Tenant shall, wherever practicable,
install separate meters for utilities used on the Property. If separate meters are not installed, Tenant shall
pay the periodic charges for all utilities attributable to Tenant's use. When submetering is necessary and
available, Landlord will read the meter on a monthly or quarterly basis and provide Tenant with the
necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by
Landlord to perform this function will limit utility fee recovery by Landlord to a twelve-month period.
Landlord shall diligently correct any variation, interruption or failure of utility service.
(d) As partial consideration for Rent paid under this Agreement, Landlord hereby
grants Tenant an easement in, under and across the Property for ingress, egress, utilities and access
(including access for the purposes described in Section 1)to the Premises adequate to install and maintain
utilities,which include, but are not limited to, the installation of power and telephone service cable, and to
service the Premises and the Communications Facility at all times during the Initial Term of this
Agreement or any Renewal Term (collectively, "Easement"). The Easement provided hereunder shall
have the same term as this Agreement.
(e) Tenant and its employees, agents, and subcontractors shall have 24-hours-a-day,
7-days-a-week pedestrian and vehicular access to only the roof area of the Premises at all times during the
Term of this Agreement for the installation, maintenance and operation of the Communication Facility
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and any utilities serving the Premises. Landlord grants to Tenant an easement for such access and
Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such access at
no additional cost to Tenant. Upon Tenant's request, Landlord will execute a separate recordable
easement evidencing this right. If any public utility is unable to use the access or easement provided to
Tenant then the Landlord agrees to grant additional access or an easement either to Tenant or to the public
utility, for the benefit of Tenant, at no cost to Tenant.
(f) At such time that the Landlord deems it necessary to undertake repairs of roof of
the premises, Landlord shall give Tenant thirty (30) days' prior written notice of the time and duration
necessary to undertake the repairs. Tenant shall then be required to reasonably cooperate and pay all cost
associated with temporarily moving Tenant's equipment in preparation for any roof repair work that is
required during the term of the Agreement. Tenant may either temporarily relocate the Communication
Facility or otherwise secure the antennas or the Communication Facility generally to protect them from
damage. Tenant will be permitted to install a temporary facility, such as a cell site on wheels("COW"), if
necessary to continue operation of the Communication Facility. All such work shall be done at Tenant's
expense.
7. TERMINATION. Except as otherwise provided herein, this Agreement may be
terminated,without any penalty or further liability as follows:
(a) by Landlord upon ninety (90) days written notice if Tenant fails to cure a default
for payment of amounts due under this Agreement within that thirty(30)day period;
(b) by either party upon ninety (90) days written notice if the other party commits a
non-monetary default and fails to cure or commence a cure of such default within that ninety (90)-day
period and diligently pursues such cure, or such longer period as may be reasonably required to diligently
complete a cure commenced within that ninety(90)-day period; or
(c) by Tenant upon written notice to Landlord for any reason at any time prior to
commencement of construction by Tenant;
(d) by Tenant upon sixty (60) days prior written notice to Landlord for any reason,
so long as Tenant pays Landlord a termination fee equal to three (3) months' Rent at the then current rate
provided, however, that no such termination fee will be payable on account of the termination of this
Agreement by Tenant under any one or more of Sections 5 Interference, 6(a) Approvals, 7(c)
Termination, 7(e)Termination, 7(f)Termination, 7(g)Termination, or 13 Environmental;
(e) by Tenant upon written notice to Landlord if a ruling or directive of the FCC
(Federal Communication Commission) or other governmental or regulatory agency specifically precludes
Tenant from utilizing the Premises for its intended use as specified within this Lease Agreement.
8. TAXES. Tenant shall pay any personal property taxes assessed on, or any portion of
such taxes directly attributable to, the Communications Facility. Landlord shall pay any real property
taxes or other fees and assessments attributable to the Property. If Landlord fails to pay any such real
property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay
such owed amounts and deduct them from Rent amounts due under this Agreement, after giving Landlord
written notice of its intent to do so.
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9. INSURANCE. Tenant shall provide Commercial General Liability Insurance in an
aggregate amount of One Million and No/100 Dollars ($1,000,000.00). Tenant may satisfy this
requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant
may maintain. The coverage afforded by Tenant's commercial general liability insurance shall apply to
Landlord as an additional insured, but only with respect to Landlord's liability arising out of its interest in
the Property. Tenant shall have the right to self-insure with respect to any of the above insurance
requirements.
10. INDEMNIFICATION.
(a) Tenant hereby agrees to indemnify, defend and hold Landlord and its agents,
contractors, employees, officers, and directors, harmless from and against any and all claims, damages,
losses and expenses, including but not limited to attorneys' fees and disbursements, directly arising out of
any claim, action or other proceeding (including without limitation any proceeding by any of Tenant's
employees, agents or contractors) that is based upon (a) Tenant's breach of this Agreement, (b) the
conduct or actions of Tenant within or outside the scope of this Agreement, (c) any negligent act or
omission or willful misconduct of Tenant; or(d)any other unlawful act committed by Tenant.
(b) Landlord hereby agrees to indemnify, defend and hold Tenant and its agents,
contractors, employees, officers, and directors, harmless from and against any and all claims, damages,
losses and expenses, including but not limited to attorneys' fees and disbursements, directly arising out of
any claim, action or other proceeding (including without limitation any proceeding by any of Landlord's
employees, agents or contractors) that is based upon (a) Landlord's breach of this Agreement, (b) the
conduct or actions of Landlord within or outside the scope of this Agreement, or (c) any negligent act or
omission or willful misconduct of Landlord.
(c) Notwithstanding anything to the contrary in this Agreement, Tenant and
Landlord each waives any claims that each may have against the other with respect to consequential,
incidental or special damages.
11. NOTICES. All notices, requests, demands and other communications hereunder shall be
in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or sent by for next-business-day delivery by a nationally recognized overnight carrier to the
following addresses:
If to Tenant,to: With a copy to: If to Landlord,to:
Cricket Communications, Inc. Cricket Communications, Inc. City of Renton
10307 Pacific Center Court 10307 Pacific Center Court 1055 South Grady Way
San Diego, CA 92121 San Diego, CA 92121 Renton, WA 98055
Attn: Dan Rebeor Attn: Legal Department Attn: Peter Renner, CFM
12. QUIET ENJOYMENT, TITLE AND AUTHORITY. Landlord covenants and warrants
to Tenant that(i) Landlord has full right, power and authority to execute this Agreement; (ii) it has good
and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to
Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and
performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any
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mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the
term of this Agreement, Tenant's quiet enjoyment of the Premises or any part thereof shall not be
disturbed as long as Tenant is not in default beyond any applicable grace or cure period.
13. ENVIRONMENTAL.
(a) Landlord represents that it has no knowledge of any substance, chemical or waste
on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local
law or regulation (collectively, "Hazardous Substance"). Neither Landlord nor Tenant shall introduce or
use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be
responsible for, and shall promptly conduct any investigation and remediation as required by any
applicable environmental law, with respect to all spills or other releases of any Hazardous Substance not
caused by Tenant, that have occurred or which may occur on the Property. If Landlord determines that
Tenant and/or its agents are responsible for the introduction of any hazardous substance on the property,
Tenant shall be responsible for, and shall promptly comply with any required remediation or other
cleanup efforts under the direction of the Landlord.
(b) Each party agrees to defend, indemnify and hold harmless the other from and
against any and all administrative and judicial actions and rulings, claims, causes of action, demands and
liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments,
penalties, fines, losses,judgments and reasonable attorney fees that the indemnitee may suffer or incur
due to the existence or discovery of any Hazardous Substances on the Property or the migration of any
Hazardous Substance to other properties or the release of any Hazardous Substance into the environment
(collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Property. The
indemnifications in this section specifically include, without limitation, costs incurred in connection with
any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any
governmental authority and subject to the provisions set forth in paragraph 13(a). This Section 13 shall
survive the termination or expiration of this Agreement.
(c) If Tenant becomes aware of any Hazardous Substance on the Property, or any
environmental or industrial hygiene condition or matter relating to the Property that,renders the condition
of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued
leasing of the Premises would expose Tenant to undue risks of government action, intervention or
third-party liability, Tenant will have the right, in addition to any other rights it may have at law or in
equity,to terminate the Agreement upon written notice to Landlord.
14. ASSIGNMENT AND SUBLEASE.
(a) Tenant may assign this Agreement or sublease the Premises and its rights granted
herein, in whole or in part, upon written notice to Landlord. Upon such assignment, Tenant shall be
relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for
performance under this Agreement and all obligations hereunder.
(b) Additionally, Tenant may mortgage or grant a security interest in this Agreement
and the Communications Facility, and may assign this Agreement and the Communications Facility to
any mortgagees or holders of security interests, including their successors or assigns (collectively,
"Mortgagees"), provided such Mortgagees interests in this Agreement are subject to all of the terms and
provisions of this Agreement. In such event, Landlord shall execute such consent to leasehold financing
as may reasonably be required by Mortgagees.
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15. SUCCESSORS AND ASSIGNS. This Agreement and the Easement granted herein shall
run with the land, and shall be binding upon and inure to the benefit of the parties, their respective
successors, personal representatives and assigns.
16. WAIVER OF LANDLORD'S LIEN. Landlord hereby waives any and all lien rights it
may have, statutory or otherwise concerning the Communications Facility or any portion thereof which
shall remain Tenant's personal property for the purposes of this Agreement, whether or not the same is
deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the
right to remove all or any portion of the same from time to time, whether before or after a default under
this Agreement, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent.
17. REMOVAL. All portions of the Communications Facility brought onto the Property by
Tenant will remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any
time during the Term. Landlord covenants and agrees that no part of the Communication Facility
constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed
to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every
kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property
of the Tenant and may be removed by Tenant at any time during the Term.
18. MISCELLANEOUS.
(a) The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorneys'fees and court costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within twenty (20) days after request,
such truthful estoppel information about the Agreement as the other may reasonably request.
(c) This Agreement constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing
and executed by both parties.
(d) Each party agrees to cooperate with the other in executing any documents
(including a Memorandum of Agreement in substantially the form attached as Exhibit C) necessary to
protect its rights or use of the Premises. The Memorandum of Agreement may be recorded in place of
this Agreement by either party. In the event the Property is encumbered by a mortgage or deed of trust,
Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non-disturbance and
attornment agreement for each such mortgage or deed of trust, in a form and content reasonably
acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees
to execute such documents as the Title Company may require in connection therewith.
(e) This Agreement shall be construed in accordance with the laws of the state in
which the Property is located.
(f) If any term of this Agreement is found to be void or invalid, such finding shall
not affect the remaining terms of this Agreement, which shall continue in full force and effect. The
parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the
extent necessary to make them enforceable. Any questions of particular interpretation shall not be
interpreted against the draftsman, but rather in accordance with the fair meaning thereof.
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(g) The persons who have executed this Agreement represent and warrant that they
are duly authorized to execute this Agreement in their individual or representative capacity as indicated.
(h) This Agreement may be executed in any number of counterpart copies, each of
which shall be deemed an original, but all of which together shall constitute a single instrument.
(i) All Exhibits referred herein are incorporated herein for all purposes. Exhibit A
(Legal Description of Landlord's Property) and Exhibit B (Description of Premises and Communications
Facility) may be attached to this Agreement and the Memorandum of Agreement, in preliminary form.
Accordingly, the parties agree that upon the preparation of final, more complete exhibits, which may have
been attached hereto in preliminary form, may be replaced by Tenant with such final, more complete
exhibit(s) once those final exhibits have been reviewed and agreed upon by both parties. The terms of all
Exhibits are incorporated herein for all purposes.
LANDLORD: The City of Renton, a municipal corporation of the State of Washington
Tax Identification Number(or Social Security Number): 00 2_7/
By:
Printed Name: Denis Law
Its: Mayor )J
Attest: �'JtiYVtl �O ClJ�2�
Bonnie I. Walton, City Clerk
TENANT: CRICKET M TIONS, INC., a Delaware corporation
By: (�,�'_
Printed Name: Don Simmons
Its: Regional Network Director
Date: 7
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
To the Site Lease with Option dated 200_, between The
City of Renton, a municipal corporation of the State of Washington as Landlord, and Cricket
Communications, Inc.,a Delaware corporation,as Tenant.
City: Renton
State: Washington
County: King
The Property of which the Premises are a part is legally described as follows:
Lots I through 13, inclusive, Block 2, Town of Renton, according to the plat thereof recorded in Volume
I of Plats,page 135, in King County, Washington;
EXCEPT those portions of said Lots 6, 7, 8 and 9, conveyed to the City of Renton for streets by deeds
recorded under Recording Numbers 3054079,3055297, and 3069040;
TOGETHER WITH that portion of the Henry H. Tobin Donation Claim No. 37 in Section 17, Township
23 North,Range 5 East,W.M., in King County, Washington,which ties easterly of said Block 2 and the
northerly production thereof of the Plat of the Town of Renton, southerly of the southerly shore of Cedar
River and northerly of the northerly line of Houser Way as deeded to the City of Renton by deed recorded
under Recording Number 3069040, in King County, Washington;
TOGETHER WITH that portion, if any, of the bed of Cedar River adjoining the above described portion
of said Donation Claim,which lies between the southerly shore of said stream and the meander line
of said Donation Claim, excepting therefrom that portion of said river bed, if any, lying within the right-
of-way Commercial Waterway No. 2
Site Lease with Option
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EXHIBIT B
DESCRIPTION OF PREMISES AND COMMUNICATIONS FACILITY
To the Site Lease with Option dated , 200_, between The
City of Renton, a municipal corporation of the State of Washington as Landlord, and Cricket
Communications, Inc., a Delaware corporation, as Tenant.
The location of the Premises within the Property together with access, ingress, egress, easements and
utilities are more particularly depicted as follows:
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Notes:
1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities,including police and fire departments.
4. The type,number and mounting positions and locations of antennas and transmission lines are illustrative only.Actual types,numbers and
mounting positions may vary from what is shown above.
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EXHIBIT C
MEMORANDUM OF LEASE AND OPTION
To the Site Lease with Option dated , 200_, between The City
of Renton, a municipal corporation of the State of Washington as Landlord, and Cricket Communications,
Inc., a Delaware corporation, as Tenant.
NOTES: Note that the first Memorandum is the exhibit. The second one attached below should be
signed as a separate recordable document.
Site Lease with Option 1 1
SEA-238-A 5/2/09
AFTER RECORDING,PLEASE RETURN TO:
Cricket Communications,Inc.
555 Andover Park West, Suite 201
Tukwila, WA 98188
Attn: Wendy Long
Memorandum of Lease and Option
The City of Renton, a municipal corporation of the State of Washington("Landlord")and Cricket
Communications, Inc., a Delaware corporation("Tenant")entered into a Site Lease with Option dated
("Agreement") regarding a portion of the real property located at 200 Mill Ave.
South,Renton, WA 98005,as more particularly described in the attached Exhibit A("Property").
The Option is for a term of twelve(12)months after the Effective Date of the Agreement,with up
to one additional twelve(12)month renewal("Option Period").
The Agreement is for a term of five (5) years and will commence on the date as set forth in the
Agreement (the "Commencement Date") and shall terminate at midnight on the last day of the month in
which the fifth (5th) anniversary of the Commencement Date shall have occurred. Tenant shall have the
right to extend this Agreement for five(5)additional five(5)year terms.
IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the
date of the last party to sign.
LANDLORD: The City of Renton, a municipal corporation of the State of Washington
By:
Printed Name:
Its:
Date:
TENANT: CRICKET COMMUNICATIONS, INC., a Delaware corporation
By:
Printed Name: Don Simmons
Its: Regional Network Director
Date:
Site Lease with Option 12
SEA-238-A 5/2/09
V
STATE OF )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
STATE OF )
ss.
COUNTY OF )
Dated:
I certify that I know or have satisfactory evidence that Don Simmons is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Regional Network Director of Cricket
Communications, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Notary Public
Print Name
My commission expires
Site Lease with Option 13
SEA-238-A 5/2/09
14810
EXHIBIT A
Legal Description
The Property is legally described as follows:
Lots I through 13, inclusive, Block 21, Town of Renton, according to the plat thereof recorded in Volume
I of Plats,page 135, in King County,Washington;
EXCEPT those portions of said Lots 6, 7, 8 and 9, conveyed to the City of Renton for streets by deeds
recorded under Recording Numbers 3054079,3055297,3055761 and 3069040;
TOGETHER Wl'I H that portion of the Henry H. Tobin Donation Claim No. 37 in Section 17, Township
23 North, Range 5 East, W.M., in King County, Washington,which lies easterly of said Block 2 and the
northerly production thereof of the Plat of the Town of Renton, southerly of the southerly shore of Cedar
River and northerly of the northerly line of Houser Way as deeded to the City of Renton by deed recorded
under Recording Number 3069040, in King County,Washington;
TOGETHER WITH that portion, if any, of the bed of Cedar River adjoining the above described portion
of said Donation Claim,which lies between the southerly shore of said stream and the meander line
of said Donation Claim, excepting therefrom that portion of said river bed, if any, lying within the right-
of-way Commercial Waterway No. 2.
Site Lease with Option 14
SEA-2-3,8-A SP-09
AFTER RECORDING,PLEASE RETURN TO:
Cricket Communications,Inc.
555 Andover Park West, Suite 201
Tukwila, WA 98188
Attn: Wendy Long
Memorandum of Lease and Option LAG-09-005
The City of Renton, a municipal corporation of the State of Washington("Landlord")and Cricket
Communications, Inc., a Delaware corporation("Tenant")entered into a Site Lease with Option dated_
,d t 2009 ("Agreement") regarding a portion of the real property located at 200 Mill Ave.
South, Renton, WA 98005,as more particularly described in the attached Exhibit A("Property").
The Option is for a term of twelve(12)months after the Effective Date of the Agreement, with up
to one additional twelve(12)month renewal ("Option Period").
The Agreement is for a term of five (5) years and will commence on the date as set forth in the
Agreement (the "Commencement Date") and shall terminate at midnight on the last day of the month in
which the fifth (5th) anniversary of the Commencement Date shall have occurred. Tenant shall have the
right to extend this Agreement for five(5)additional five(5)year terms.
IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the
date of the last party to sign.
LANDLORD: The City of Renton, a unicipal corporation of the State of Washington
By:
Attest:
Denis Law
Printed Name: Q- //-//�,A
Its: Mayor 1-x*t 6�1 U)ag& ,
Bonnie I. Walton
Date: 01�! aoo 9 City Clerk
TENANT: CRIC CO ICATIONS, INC., a Delaware corporation
By: U�•---
Printed Name: Don Simmons
Its: Regional Network Director
Date: -7 "2-'3 roq
SEA-238-A ]
STATE OF
ss.
COUNTY OF
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I certify that I know or have satisfactory evidence that F u[Vhe
persons who appeared before me, and said persons acknowledged thatrheysigned this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as
fr,r.�,roc��.L ,,U.rk'1• , to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument. Lk,°4-
Dated: -�
r r r Nota Public n
,jy> Print Name \ 14 ��o.� 0�10.
C.1,•'�ye .O.L` My commission expires Via- a0in
pU�LIC
-AID d
STATE OF l(JK6c[ C�
ss.
COUNTY OF )
Dated: 41,�93 ln�9
I certify that I know or have satisfactory evidence that Don Simmons is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Regional Network Director of Cricket
Communications, Inc. to be the free and voluntary act of s party for the uses and purposes mentioned
in the instrument.
Ntary.. '''//' Print Name
lic
...........
oTgRY '•, My commission expires
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SEA-238-A 2
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EXHIBIT A
Legal Description
The Property iolegally described mmfollows:
Lots l through l], inclusive, Block 2, Town u{Renton, according to the plat thereof recorded in Volume
I of Plats,page |35.io King County, Waobiog
,too;
EXCEPT those portions of said Lots 8` 7. 8 and 9, conveyed to the City of Renton for streets by deeds
recorded under Recording Numbers 3O54O79,30j5297,3O5576l and]06V040,
TOGETHER WITH that portion ofthe Henry H. Tobin Donation Claim No. 37 in Section 17, Township
23North, Range 5 East, 9V.M` in King County,Washington,which lies easterly of said Block 3 and the
northerly production thereof of the Plat of the Town of Renton, southerly o[the southerly shore ofCedar
River and northerly of the northerly line of Houser Way as deeded to the City of Renton by deed recorded
under Recording Number 3069U40, in King County, Washington;
TOGETHER WITH that portion, if any, of the bed of Cedar River adjoining the above described portion
of said Donation Claim,which lies between the southerly shore of said strearn and the meander line
of said Donation Claim, excepting therefrom that portion of said river bed. if any, lying within the right-
of-way Cncnmnzciu|Waterway No.2.
ssx'238-a 3