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HomeMy WebLinkAboutLease � � LAG-99-006 Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle ROOFTOP SITE LEASE WITH OPTION ������5 ROOFTOP SITE LEASE WITH OPTION (this "Lease") is effective this � day of , 1999, between Citv of Renton ("Landlord") and VoiceStream PCS III Corporation, a Delaware corporation("Tenant"). 1. Option to Lease (a) In consideration of the payment of xxxx(the"Option Fee")by Tenant to Landlord,Landlord hereby grants to Tenant an option to lease the use of a portion of the reai property described in attached Exhibit A(the "Property"),on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of xxx(xxx) months, commencing on the date hereof and ending_xxxx_(the "Option Period"). The Option Period may be extended by Tenant for an additional xxx (xxx) months upon written notice to Landlord and payment of the sum of xxx Dollars ($xxx) ("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 Lease, Landlord agrees to cooperate with Tenant in obtaining,at Tenant's expense,al]]icenses and permits or autharizations required far 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") (the "Govemmental 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, conditional-use permits,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 so notifying Landlord in writing,at Landlord's address in accordance with Section 12 hereof. (c) If Tenant exercises the Option,then,subject to the following terms and conditions,Landlord hereby leases to Tenant(the"Lease")certain space on the roof of,and within the building(the"Building")located on the Property sufficient for placement of Antenna Facilities (as defined below). The location and orientation of Tenant's space on the roof and within the building, together with all necessary space and easements for access and utilities, is generally described and depicted in attached Exhibit B(collectively referred to hereinafter as the"Premises"). 2. Term. The initial term of this Lease shall be five(5)years commencing on the date of exercise of the Option (the"Commencement Date"),and terminating at Midnight on the last day of the initial term. 3. Permitted Use. The Premises may be used by Tenant for,among other things,the transmission and reception of radio communication signals and for the installation, maintenance, repair or replacement of related facilities, towers, antennas,microwave dishes,equipment or buildings,and retated activities. 4. Rent. Tenant shall pay Landlord, as Rent, One Thousand Two Hundred Dollars ($1,200.00) per month ("Rent"). Rent shall be payable in advance beginning on the Commencement Date for the remainder of the month in which the Commencement Date falls and for the following month,and thereafter rent will be payable monthly in advance on the fifth day of each month for the following months to Citv of Renton at Landlord's address specified in Section 12 below. If this Lease is terminated at a time other than on the last day of a month,Rent shall be prorated as of the date of termination for any reason other than a default by Tenant,and all prepaid Rent shall be refunded to Tenant. 5. Renewal. Tenant shall have the right to extend this Lease for five(5) additional, five-year terms ("Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein, except that rent shall be increased by xx percent (xx%) of the rent paid over the preceding term. This Lease shall automatically renew for each successive Renewal Term unless Tenant shall notify Landlord,in writing,of Tenant's intention not to renew this Lease,at least sixty(60)days prior to the expiration of the term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement,such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 1 ��rr "'� 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord,or lessees or licensees of Landlord,with rights in the Property prior in time to Tenant's(subject to Tenant's rights under this Lease, including without limitation, non-interference). Similarly, 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. 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. In the event any such interference does not cease promptly, 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,to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. Improvements;Utilities;Access. (a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its system, including without limitation radio transmitting and receiving antennas, microwave dish, and tower and bases, an electronic equipment shelter, and related cables and utility lines (collectively the"Antenna Facilities"). The Antenna Facilities shall be initially configured generally as set forth in Exhibit C. Tenant shall have the right to replace or upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities upon termination of this Lease. (b) Tenant,at its expense,may use any and all appropriate means of restricting access to the Antenna Facilities, including,the construction of a fence. (c) Tenant shall, at Tenant's expense,keep and maintain the Antenna Facilities now ar hereafter located thereon in commercially reasonable condition and repair during the term of this Lease, normal wear and tear excepted. Upon termination of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear and tear excepted. (d) Tenant shall have the right to install utilities,at Tenant's expense,and to improve the present utilities on the Premises(including,but not limited to the installation of emergency power generators). Tenant shall,wherever practicable, install separate meters for utilities used on the Property. In the event separate meters are not installed,Tenant shall pay the periodic charges for all utilities attributable to TenanYs use. Tenant shall have the right to install necessary conduit and sleeving from the roof to the point of connection within the Building. Landlord shall diligently conect any variation, interruption or failure of utility service. (e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an easement ("Easement")for ingress,egress,and access(including access as described in Section 1)to the Premises adequate to install and maintain uti(ities, which include, but are not limited to the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the term of this Lease or any Renewal Term. Any Easement provided hereunder shall have the same term as this Lease. (� Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the term of this Lease and any Renewal Term. 8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) Upon thirty(30)days written notice by Landlord for failure to cure a material default for payment of amounts due under this Lease within that thiriy(30)day period; (b) upon thirty(30)days written notice by either party if the other party defaults and fails to cure or commence curing such default within that 30-day period, or such longer period as may be required to diligently complete a cure commenced within that 30-day period; (c) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental survey or soil tests prior to Tenant's installation of the Antenna Facilities(as defined above)on the Premises,or if Tenant is unable to obtain,maintain,or otherwise forfeits or cancels any license(including without limitation an FCC license),permit or other Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; (d) upon ninety (90) days written notice by Tenant if the Property, Building or the Antenna Facilities are or become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong;and (e) immediately upon written notice if the Premises or the Antenna Facilities are destroyed or damaged so as in TenanYs reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises and/or Antenna Facilities are restared to the condition existing immediately prior to such damage or destruction. Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle 2 w `�` 9. Taaces. Tenant shall pay any personal property taxes assessed on,or any portion of such taaces attributable to, the Antenna Facilities. In the event Landlord fails to pay when due any real property taaces or other fees or assessments attributable to the Property and the Building,Tenant shall have the right but not the obligation to pay said ta�ces and deduct them from Rent amounts due under this agreement. 10. Insurance and Subroeation. (a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of$1,000,000 and name Landlord as an additional insured on the policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Tenant may maintain. (b) Landlord and Tenant hereby mutually release each other(and their successars or assigns) from]iability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 11. Hold Harmless. Tenant agrees to hold Landlord harmless from claims arising from the installation, use, maintenance,repair or removal of the Antenna Facilities, except for claims arising from the negligence or intentional acts of Landlord, its employees,agents or independent contractors. 12. 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 overnight carrier to the following addresses: If to Tenant,to: If to Landlord,to: VoiceStream PCS III Corporation City of Renton 3650- 13 151 Avenue SE,Suite 200 1055 South Grady Way Bellevue,WA 98006 Renton,WA 98055 Phone: (425)653-4600 Faac: (425)653-5050 Phone: (425)430 6606 Atfi: PCS Leasing Administrator Faac: (425)430 6603 With a copy to: Atm: Legal Department 13. Ouiet Eniovment,Title and Authoritv. Landlord covenants and warrants to Tenant that(i)Landlard has full right,power and authority to execute this Lease; (ii)it has good and unencumbered title to the Property and the Building free and clear of any liens or mortgages,except those disclosed to Tenant which will not interfere with Tenant's rights to or use of the Premises;and(iii)execution and performance of this Lease will not violate any laws, ordinances, covenants,or the provisions of any mortgage,lease,or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease,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. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, °Hazardous Substance")on the Property that is identified as hazardous, toxic or dangerous in any applicable federal,state or local law or regulation. Tenant shall not introduce or use any such substance on the Properiy 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 laws,of all spills or other releases of Hazardous Substance,not caused solely by Tenant,that have occuned or which may occur on the Property. Each party agrees to defend,indemnify and hold the other harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that the indemnitee may suffer due to the existence ar discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment,that relate to or arise from the indemnitor's activities during or prior to the commencement of this Lease. 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 wark required by any governmental authority. 15. Assignment and Subleasin¢. Tenant may assign this Lease upon written notice to Landlord,to any person controlling, controlled by, or under common control with Tenant. � ��:�. ���« ���- �-�� - �- ��� ....T,.«..«�� � ...... �....»... «.7ov 41...n T e TT.-..... ...,.1.. n .,..4 To„n..r nl.nll 1....-.,1. . .7 C..11 l:..1.:1:4:,...,. u �' � '»"'".�.."'......».. . Tenant may sublease the Premises, upon written consent of Landlord, . Tenant may otherwise assign this Lease upon written approval of Landlord, which approval shall not be unreasonably delayed or withheld. Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle 3 ir� `■r►' Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities,and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns, (hereinafter collectively referred to as "Mortgagees"), provided such Mortgagees agree to be bound by the terms and provisions of this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagee located on the Premises, except that the cure period for any Mortgagee shall not be less than thirty (30)days after receipt of the default notice, as provided in Section 8 of this Lease. All such notices to Mortgagees shall be sent to Mortgagee at the address specified by Tenant. Failure by Landlord to give Mortgagee such notice shall not diminish Landlord's rights against Tenant, but shall preserve al] rights of Mortgagee to cure any default and to remove any property of Tenant or Mortgagee located on the Premises,as provided in Section 17 of this Lease. 16. Successors and Assi¢ns. T'his Lease shall run with the Property,and shall be binding upon and inure to the benefit of the parties,their respective successors,personal representatives and assigns. 17. Waiver of Landlard's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease, regardless of whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagee the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease,in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. 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 fumish to the other,within ten(10)days after request,such truthful estoppel information as the other may reasonably request. (c) This Lease 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 Lease 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 Lease in substantially the form attached to Exhibit D) necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease,by either party. (e) This Lease shall be construed in accordance with the laws of the state in which the Property is located. (� 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. The parties shall agree that if any provisions are deemed not enforceable,they shall be deemed modified to the extent necessary to make them enforceable. (g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (h) This Lease 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) The parties understand and acknowledge that Exhibit A(the legal description of the Property),Exhibit B(the Premises location within the Property), and Exhibit C (the site plan) may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, B and/or C, as the case may be,which may have been attached hereto in preliminary form,may be replaced by Lessee with such final,more complete exhibit(s). The Execution Date of this Lease is the �7i'�/� day of �����li4/ _---' 199�. LANDLORD: City Renton TENANT: VoiceStream PCS III Corporation By: ��*.r`4� By: Z �1� Its: ayor ics: SPninr C;n`�nrhrat . C;ntm�el SS/TaxID: 91-6001271 Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle 4 1 Y,.r "'�w1� ADDENDUM TO ROOFTOP LEASE WITH OPTION [Additional Terms] 1. In the event of conflict or mconsistency between the terms of this Addendum and the Lease,the terms of the Addendum shall govern and control. 2. Section 2 shall be revised to: The initial term of this Lease shall be five(5)years commencing at the earlier of,the start of construction by Tenant or six months from the execution date of the Lease. 3. Landlord has the right to terminate this Lease upon one hundred and eighty(180)days prior written notice to Tenant. In the event Landlord exercises such termination right during the initial term of the Lease, Landlard shall pay a cost recovery fee to Tenant for Tenant's costs for the site,within ten (10)days of such termination date as follows: a)The cost recovery fee shall be sixty thousand dollars($60,000.00)if the Lease is terminated by the Landlord within the first two and a half(2 %2)years of the Lease; or b)The cost recovery fee shall be thirty thousand dollars($30,000.00)if the Lease is terminated by the Landlord during the initial term after the first two and a half(2 '/z)years of the Lease. 4. The possessory interest of the Tenant in the property herein leased is subject to taxation under the laws of the State of Washington(Ch. 61, 1975-1976 Laws,2d Ex. Sess.,as amended)at the present rate of twelve point eighty-four percent (12.84%),or as may be amended by Washington State legislation,of the taxable rent to be paid to the Landlord monthly under the terms of this Lease. This taac is in addition to the monthly rent required above. Tenant agrees to pay and the Landlord agrees to collect and pay over to the State Deparhnent of Revenue the aforesaid leasehold excise tax in accordance with the statutes governing same. 5. Rent shall increase annually throughout the term of this Lease by either four percent(4%)or the consumer price index (CPI)for the Seattle,Tacoma Washington standard metropolitan statistical area,whichever is greatest. The Execution Date of this Addendum is the �7� day of /'�I��%���i4/ , 199�. LANDLORD: City Renton TENANT: VoiceStream PCS III Corporation �,�.'.v`'"..� i�S/��il/�,���f By: � By: �/ v . Its: �Mayor Itsf1SS�St� ' �_ SS/TaxID: 91-6001271 Site Number: SE 2503.A Site Name: Old Renton Town Hali Market: Seattle 5 � � [Notary block for Corporation,Partnership,Limited Liability CompanyJ STATE OF WASHINGTON ) �i )ss. COUNTY OF /` //V�GI ) r I certify that I know or have satisfactory evidence that ��GJ�!'�� ���t//1/��. is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as /(�/9'JD� of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: �1��Z � Notary Pub �'�l I Jr ������ Print Name /V My commission expires l D � ���' (Us�this space fornotary stamp/seal) STATE OF WASHINGTON ) )ss. COUNTY OF ,�r��� ) I certify that I know or have satisfactory evidence that Lauren Venezia is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated �at she w a tharized to execute the instrument and acknowledged it as the Assistant �ICe- resic�en� of VoiceStream PCS III Corporation to be the free and voluntary act of such party far the uses and purposes mentioned in the instrument. Dated: r .�? �/.3 /�"i �i"' i � � � � � ; /� ,��l �`_, F---,-� , � ��.�� -.l � Notary Pub,�ic / . , c-- Print Name�-J�t-t�2��r --�-.`� �-% � \�4-�^ ��L S My commission expires ��,-�r -� -7 ,� ;--�_� S . � Cheryl-Lyn Samuels Notary Public, State of Washington My Appointment Expires Sept.27,2003 _._._._...-- � (Use this space for notary stamp/seal) Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle �r 'r✓ EXHIBIT A Legal Description To the Rooftop Site Lease with Option dated��(,�/l�.f/ �7, /99q , between City of Renton, as Landlord,and VoiceStream PCS III Corporation,as Tenant. � The Property is legally described as follows: ? � Lots 1 thraugh 13, inclusive,Block�,Tovvn of Renton,a�ccordir�;to the Plat thertof recorded in , Volume 1 of Flats,Pabt 135. Except those portions of said Lots 6,7, 8 and 9, conveyed to the City of Renton by deeds recorded under Rccording Nos. 3055297, 3055761 and3069040, Also that por[ion of the Henry H.Tobin Donation Claim No. 37 in Secrion 17,Township 23 North,Range S East, Willamette Meridian,records of King County,Washington, which lies �astezly of said Block 2 and the Northerly producrion rhereof of the Plat of the Town of Renton, Southerly of the Sourherly shore of Cedar River and Northerly af the Northerly line of Houser Way as deeded to the Ciry of Renron by deed recorded under Recarding No. 3069040,records of Kino County. Also,that ponion,if any,of che bzd of Cedar R.iver adjoining the above described partion of said Donarion Claim, which lies beiween the Sptiihe�ly shoie of said stream_and the-ineapder line of said Aonarion Claizn, exceptin�the�efrom that por[ion of said river bed, if any, lyinb wiThin ihc ' ri�ht-of-wsy Commercial Waterway No. 2. Si[uated in the County of King, State of Washington. Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle A-1 rr.r° rr.r EXHIBIT B Premises Location Within the Property To the Rooftop Site Lease with Option dated �,.�/�(/11�G��i�/ �7, /999, between City of Renton, as Landlord,and VoiceStream PCS III Corporation,as Tenant. � The location of the Premises within the Property is more particularly described and depicted as follows: _ /� � � r�� n � n h n r_�: n n n� n n n n n n n � . _ ` �, i � :1 � Il L� C ;/ / •�,�� 19 (EI LOIllMN � L [ � �\ IBfY0N0-lYP)^.` \� _— �� -- __--_____ _ � C � ���� O aRovior auRnNCE o[�.I , � C �� PLIIMBING VALVES AN�M-�.ifH C � / � �`O \ � ' �\ � I C �[ �i - J �, � I [E]W�L TO BE �, r REMOVE�—�-_ _`-.�_ _ O I I p '�,. I � . �-� ' _ � � ' � � � , : � � i 1� . (tta) I� O C _' r � �ivvca��,wNs `— ) � � j l_ � � -- ]I�— j--- -- --- -- - - -i� � L� � II �� I -0 � � 1_ _\� I�i�, I C I—�__Jr__ / , - �-i I �'VROPOSED�NTENlN ARRAY (BY OTNEP CA0.RIEP) I C EQ�ip�M sDUPOVNDLto C � ��'+� I C C Iq � � � �, I � "� i _ T � �E]<�rB'GLOOR � :� � C CLESS I'ANEL C 5——t_ r1� —__ _ .__- _ � t, i � �' � /t•sc�i�-- [e) RnisEo I ��'� -- n ` , O PIATFORM � (2lIT I � ` I :� C --.'�_—_� Z /'I__i-�_� �__" C ' ��P1 -.1 � � 1 r U U .. LJ lJ LI U lJ ll lJ U � L1 ll Ll nY'$ U �lJ U ll LJ lJ i 0I� I � m; i - , � � � � ROOF PLAN — WEST HALF 6TH FLOOR PLAN — WEST HALF z�•.x'sn+E a/ie•-r i;•ei•sw .}iie�•-;� N �i•.iY w�u:3/az'-i' Not to Scale 1. Final Antenna type and configuration subject to final radio frequency engineer and zoning analysis. 2. Actual equipment location and conduits subject to final architectural design. 3. Final equipment location subject to structural engineer analysis. Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle B-1 �,.r '� EXHIBIT C Site Plan To the Rooftop Site Lease with Option dated d�����s�GG�i��/7 �/���/ , between City of Renton, as Landlord,and VoiceStream PCS III Corporation,as Tenant. Site Plan and Equipment Roofton Site with Exterior Cabinet Three-sector site with no more than three antennas on each sector. Installation of up to three equipment cabinets. Microwave dish. Standard Antenna: Dimension: 72"x 12"x 6" Equipment: Dimension: 4'S"x 4'7"x 1'8" Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle C-1 . ' � � EXHIBIT D Memarandum of Lease and Option Ta the Raoftop Site Lease with dption dated ���'��uW�Jy1�> between Ciry of Renton, as Landlord,and VaiceStream PCS III Carporation,as Tenant. Memorandurn of Lease and Option,with cover sheet,notary page(s)and Exhibit A. Document Attached Site Number: SE 2503.A Site Name: Old f2enton Town Nall Market: Seattle �-� � � Return Address: VoiceStream PCS III Corporation 3650- 1315t Avenue SE, Suite 200 Bellevue,WA 98006 Attn: PCS Lease Coordinator Phone: (425)653-4600 Fax: (425)653-5050 MEMORANDUM OF LEASE AND OPTION Grantor: City of Renton Grantee: VoiceStream PCS III Corporation Legal Description: Ptn Lts 1-13,Blk 2,Town of Renton Assessor's Property Tax Parcel Account Number(s): 000720 0050 Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle D-2 IOW After recording,please return to: VoiceStream PCS III Corporation 3650- 1315`Avenue SE, Suite 200 Bellevue,WA 98006 Attn: PCS Lease Coordinator Phone: (425)653-4600 Fax: (425) 653-5050 Site Identification: SE 2503.A-Old Renton Town Hall Market: Seattle Memorandum of Lease and Option Between City of Renton("Landlord") and VoiceStream PCS III Corporation("Tenant") A Rooftop Site Lease with Option ("Lease") dated as of 444/1.1.44444/17( /11'1 , 1999 by and between City of Renton ("Landlord") and VoiceStream PCS III Corporation ("Tenant") was made regarding the following premises: See attached Exhibit A. Subject Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date") and shall terminate at midnight on the last day of the month in which the 5th anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Lease for five(5) additional five-year terms. IN WITNESS WHEREOF,the parties hereto have respectively executed this memorandum on the day of , 1999. LANDLORD: City of Re, By: Its: /Mayor TENANT: Voice . PC �':rporation 4 By: • Its: ■ •_, • •111T . • - Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle D-3 � � [Notary block for Corporation,Partnership,Limited Liability CompanyJ STATE OF WASHINGTON ) )ss. COUNTY OF /�Cl NCs ) 1 I certify that I know or have satisfactory evidence that ��y 'r7G� �/qA�/V�� is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as If/���10� of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: p�,(�,(�K.l,�l.�/ /�'f rrt� Notary Publi�/ ,/ � ,�,,/ �/ Print Name l��i��N �• �G,�i��Zl�iN My commission expires /0- �i O"� (Use this space for notary stamp/seal) STATE OF WASHINGTON ) �� � j ss. COUNTY OF �" I certify that I k�te�w�or have satisfactory evidence that S. S h a w n J a m a i 1 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oatl���e�cb�tk�at����i�a�v�sGa�t��i�e�f to execute the inshument and acknowledged it as the � df VoiceStream PCS III Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: t������ ,� �� � � � �c;��h�� �� ��� Notary Pu lic � , �� �, � - . ��..�r Georgia Lamb May� ; � Print Nam "��{ ,,r+ � My commission expires L..� 'c�u� 't�� z` _ , � ' � �>° — ..l��.i : V � • �.E � ts , ,: k `� , , . � .... -y� ��.4. , ., . .. . ' . � �� ' `� , ��, . .�'.,.9""-� (Use this space for notary stamp/seal) Site Number: SE 2503.A Site Name: Old Renton Town Hall Market: Seattle