HomeMy WebLinkAboutLease LAG-05-003
CITY OF RENTON Nage 'two'
AUG 1 6 2005
RECEIVED Market: Seattle
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P- .Rv OMMUMCATIONS SITE LEASE AGREEMENT(GROUND)
This Communications Site Lease Agreement ("Agreement") is entered into this `/ day of
2000,between Nextel West Corp.,a Delaware corporation,d/b/a Nextel Communications,with an office at 1750 1121 Avenue
NE, Bellevue, WA 98004 ("Lessee"), and Richard L. Hall and Kathleen D. Hall, husband and wife, at 1209 ' and
Avenue,NE,Renton,WA 98056("Lessor").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree
as follows:
1. Premises. Lessor is the owner of a parcel of land(the"Land")located in the City of Renton,County of King,State of
Washington,commonly known as 1209 Kirkland Avenue,NE,Renton,WA 98056. The Land is more particularly described in
Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately one thousand five
hundred sixty(1,560)square feet of the Land and all access and utility easements,if any,(the"Premises")as described in Exhibit
B annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services.
Lessor agrees to cooperate with Lessee,at Lessee's expense,in making application for and obtaining all licenses,permits and any
and all other necessary approvals that may be required for Lessee's intended use of the Premises.
3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter
upon the Land for the purpose of: making appropriate engineering and boundary surveys, inspections, soil test borings,other
reasonably necessary tests and constructing the Lessee Facilities(as defined in Paragraph 6(a)below).
4. Term. The term of this Agreement shall be five(5)years commencing on January 1,2001 or start of construction of
Lessee Facilities,whichever first occurs("Commencement Date")and terminating on the fifth anniversary of the Commencement
Date(the"Term")unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for
five(5)successive five(5)year periods(the"Renewal Terms")on the same terms and conditions as set forth herein. This
Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to
renew prior to commencement of the succeeding Renewal Term.
5. Rent.
(a) Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to
Lessor as rent nine-hundred-ninety-nine and 00/100 DOLLARS($999.00)per month("Rent"). Rent for any fractional month at
the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at 1209 Kirkland
Avenue,NE,Renton,WA 98056;Attention:Kathleen Hall.
(b) Rent shall increase by fifteen percent(15%) on the first day of any Renewal Term.
6. Facilities;Utilities;Access.
(a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including
without limitation an antenna tower or pole and foundation,utility lines,transmission lines,air conditioned equipment shelter(s),
electronic equipment, radio transmitting anCreceiving antennas, supporting equipment and structures thereto ("Lessee
Facilities"). In connection therewith,Lessee has the right to do all work necessary to prepare,maintain and alter the Premises for
Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of
Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike
manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property
and are not fixtures.Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier
termination of the Agreement;provided,Lessee repairs any damage to the Premises caused by such removal.Upon termination
of this Agreement,Lessee shall not be required to remove any foundation more than one(1)foot below grade level.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company.
Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility
service from any utility company that will provide service to the Land (including a standby power generator for Lessee's
exclusive use). Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such
service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee,of an easement
in,over, across or through the Land as required by such servicing utility company to provide utility services as provided herein.
Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility
company.
(c) Lessee, Lessee's employees,agents,subcontractors, lenders and invitees shall have access to the Premises without
notice to Lessor twenty-four(24)hours a day,seven(7)days a week,at no charge. Lessor grants to Lessee,and its agents,
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Site Name:Sunset Highway/pub
Site Number;WA0484-2
employees,contractors,guests and invitees,a non-exclusive right and easement for pedestrian and vehicular ingress and egress
across that portion of the Land described in Exhibit B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to
allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and
repairing such roadway,at its sole expense,except for any damage caused by Lessee's use of such roadways.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or
licensees of the Land,provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in
compliance with all Federal Communications Commission("FCC")requirements.
(b) Subsequent to the installation of the Lessee Facilities,Lessor shall not permit itself,its lessees or licensees to install
new equipment on the Land or property contiguous thereto owned or controlled by Lessor,if such equipment is likely to cause
interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference
occurs,Lessor agrees to take all reasonable steps necessary to eliminate such interference,in a reasonable time period.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the
Lessee Facilities. Lessor shall pay all real property taxes,assessments and deferred taxes on the Land.
9. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal
property and not fixtures,and Lessee has the right to remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial
and security agreements for the financing of the Lessee Facilities(the"Collateral")with a third party financing entity(and may
in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor(i)
consents to the installation of the Collateral;(ii)disclaims any interest in the Collateral,as fixtures or otherwise;and(iii)agrees
that the Collateral shall be exempt from execution,foreclosure,sale,levy,attachment,or distress for any Rent due or to become
due and that such Collateral may be removed at any time without recourse to legal proceedings.
' ) 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as
follows: (i)by either party upon a default of any covenant or term hereof by the other party,which default is not cured within
sixty(60)days of receipt of written notice of default,provided that the grace period for any monetary default is ten(10)days
from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early
termination to Lessor no later than thirty(30)days prior to the Commencement Date;or(iii)by Lessee if it does not obtain or
maintain any license,permit or other approval necessary for the construction and operation of Lessee Facilities;or(iv)by Lessee
if Lessee is unable to occupy and utilize the Premises due to an action of the FCC,including without limitation,a take batik of
channels or change in frequencies;or(v)by Lessee if Lessee determines that the Premises are not appropriate for its operations
for economic or technological reasons,including,without limitation,signal interference.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged,destroyed,condemned or transferred in
lieu of condemnation,Lessee may elect to terminate this Agreement as of the date of the damage,destruction,condemnation or
transfer in lieu of condemnation by giving notice to Lessor no more than forty-five(45)days following the date of such damage,
destruction,condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement,Rent shall be
reduced or abated in proportion to the actual reduction or abatement of use of the Premises.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee
Facilities,bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars
($1,000,000.00)per occurrence.Such insurance shall insure,on an occurrence basis,against all liability of Lessee,its employees
and agents arising out of or in connection with Lessee's use of the Premises,all as provided for herein. Lessor shall be named as
an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage
required by this paragraph within thirty(30)days of the Commencement Date.
13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals,employees,representatives
and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that
result from,risks insured against under any insurance policies carried by the parties and in force at the time of any such damage.
Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of
recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor
Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy
required by Paragraph 12.
14. Assignment and Subletting. Lessee may assign this Agreement or sublet or license the Premises or any portion thereof to
1 an entity upon written notification to Lessor by Lessee, subject to the assignee assuming all of Lessee's obligations herein.
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Market:Seattle
Site Name:Sunset Highway/pub
Site Number:WA0484-2
Upon assignment or subletting, Lessee shall be relieved of all-future performance, liabilities, and obligations under this
Agreement. Lessee shall have the right to sublet this Agreement without Lessor's consent. Lessor may assign this Agreement
upon written notice to Lessee,subject to the assignee assuming all of the Lessor's obligations herein, including but not limited
to,those set forth in Paragraph 9("Waiver of Lessor's Lien")above. This Agreement shall run with the property and shall be
binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns.
Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or
otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any
financing entity to whom Lessee(i)has obligations for borrowed money or in respect of guaranties thereof,(ii)has obligations
evidenced by bonds,debentures,notes or similar instruments, or(iii)has obligations under or with respect to letters of credit,
bankers acceptances and similar facilities or in respect of guaranties thereof.
15. Warranty of Title and Quiet Enlovment. Lessor warrants that: (i)Lessor owns the Land in fee simple and has rights of
access thereto and the Land is free and clear of all liens, encumbrances and restrictions; (ii)Lessor has full right to make and
perform this Agreement;and(iii)Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and
performing all the terms,covenants and conditions on Lessee's part to be observed and performed,Lessee may peacefully and
quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold
interest
16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated
by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a)above,upon expiration or termination hereof,
Lessee shall restore the Premises to the condition in which it existed upon execution hereof,reasonable wear and tear and loss by
casualty or other causes beyond Lessee's control excepted. -
17. Hazardous Substances. Lessee agrees that it will not use,generate,store or dispose of any Hazardous Material on,under,
about or within the Land in violation of any law or regulation. Lessor represents,warrants and agrees(1)that neither Lessor nor,
to Lessor's knowledge, any third party has used,generated,stored or disposed of, or permitted the use,generation,storage or
disposal of,any Hazardous Material(defined below)on,under,about or within the Land in violation of any law or regulation,
and(2)that Lessor will not,and will not permit any third party to use,generate,store or dispose of any Hazardous Material on,
under,about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend,indemnify and
hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities,claims
and/or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or
agreement contained in this paragraph. As used in this paragraph,"Hazardous Material"shall mean petroleum or any petroleum
product,asbestos,any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity,
and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or
local law or regulation. This paragraph shall survive the termination of this Agreement.
18. Miscellaneous.
.0 (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers,
negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be
in writing and executed by both parties. -
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this
Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable,shall
not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the
respective parties.
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Market:Seattle
Site Name:Sunset Highway/pub
Site Number:WA0484-2
(d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt
requested,or reliable overnight courier to the address of the respective parties set forth below:
Lessor.Richard L.Hall and Kathleen D.Hall Lessee:Nextel West Corp.
1209 Kirkland Avenue,NE 1750 112th Avenue NE
Renton,WA 98056 Bellevue,WA 98004
Attn.: Property Manager
With a copy to:
Nextel West Corp.
1750 112th Avenue NE
Bellevue,WA 98004
Attn.: System Development Manager
With a copy to:
Nextel Communications,Inc.
2001 Edmund Halley Drive
6th floor Mail Stop 6E630
Reston,VA 20191-3436
Attn:Site Leasing Services,Contracts Manager
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All
notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Washington.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by
Lessee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or
deed of trust,Lessor agrees to obtain and furnish to Lessee a non-disturbance and attomment instrument for each such mortgage
1 or deed of trust.
(g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation
required by the title insurance company.
(h) In any case where the approval or consent of one party hereto is required,requested or otherwise to be given under
this Agreement,such party shall not unreasonably delay or withhold its approval or consent.
(i) All Riders and Exhibits annexed hereto form material parts of this Agreement
(j) This Agreement may be executed in duplicate counterparts,each of which shall be deemed an original.
The Rest of this Page Intentionally Left Blank
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Market:Seattle
Site Name:Sunset Highway/pub
Site Number:WA0484-2
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written.
LESSOR: Richard L.Hall and Kathleen D.Hall, LESSEE: Nextel West Corp.,a Delaware corporation
husband and wife
/
By: Richard L.Hall By: Mark B. Nelson
Title: Title: Vice President
Date: 'y— I— O (3 Date: 71q,0
Tax ID#:
40/4,1/1
By: Kathleen D.Hall
Title:
Date: / — — d
SSN#: 50V- 52 - 63 V �-
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I:Wextel Leases\WA0484-2 Final.doc -
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I:Wcxtel Leases\WA04842 Final.doc -
Market:Seattle
Site Name:Sunset Highway/pub
Site Number:WA0484-2
EXHIBIT A
DESCRIPTION OF LAND
to the Communications Site Lease Agreement(Ground)dated I4 , 2000, by and between
Richard L. Hall and Kathleen D.Hall,husband and wife, as Lessor, and Next West Corp., a Delaware corporation,as
Lessee.
The Land is described and/or depicted as follows(metes and bounds description):
LEGAL DESCRIPTION:
Lots 3, 4, 5 and 6, Block 44, CORRECTED PLAT OF RENTON HIGHLANDS •
DIVISION NO. 2, according to the Plat thereof recorded in Volume 57 of
Plats, Pages 92 through 98, records of King County, Washington.
Situate in the County of King, State of Washington.
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Market:Seattle
Site Name:Sunset Highway/Pub
Site Number:WA0484-2
EXHIBIT C
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Nextel West Corp.
1750 112°Avenue NE,Suite C-100
Bellevue,WA 98004
Attn:Property Manager
This Memorandum of Agreement is entered into on this day of ,2000,by and between
Richard L.Hall and Kathleen D.Hall,husband and wife,at 1209 Kirkland Avenue NE,Renton,WA 98056,(hereinafter referred
to as"Lessor")and Nextel West Corp.,a Delaware corporation with an office at 1750 112'Street,N.E. Suite C-100,Bellevue,
WA 98004,(hereinafter referred to as"Lessee").
1. Lessor and Lessee entered into a Communications Site Lease Agreement (Ground) ("Agreement") on the
day of 2000, for the purpose of installing, operating and maintaining a radio
communications facility and other improvements.All of the foregoing are set forth in the Agreement
2. The term of the Agreement is for five (5) years commencing on October 1,2001, or start of construction of
Lessee Facilities,whichever first occurs("Commencement Date"),and terminating on the fifth anniversary of the
Commencement Date with five(5)successive five(5)year options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the
Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto.
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• Market:Seattle
} Site Name:Sunset Highway/Pub
Site Number:WA0484-2
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first
above written.
LESSOR:Richard L.Hall and Kathleen D.Hall, LESSEE: Nextel West Corp.,a Delaware corporation
husband and wife
By: EXHIBIT ONLY-NOT FOR EXECUTION By: EXHIBIT ONLY-NOT FOR EXECUTION
Name: Name:
Title: Title:
Date: Date:
By: EXHIBIT ONLY-NOT FOR EXECUTION
Name:
Title:
Date:
STATE OF
COUNTY OF
On , before me, , Notary Public, personally appeared
,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and
that by his signature on the instrument,the person,or the entity upon behalf of which the person acted,executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
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Noire NoO'
Market:Seattle
Site Name:Sunset Highway/pub
Site Number:WA0484-2
STATE OF
COUNTY OF
On , before me, , Notary Public, personally appeared
, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
STATE OF
COUNTY OF
On , before me, , Notary Public, personally appeared
,personally known to me(or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
4
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
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