HomeMy WebLinkAboutLease 0 LAG-11-001
0 SITE NAME:Renton Public Library
SITE NUMBER.-WA-SEA0866
COMMUNICATION SITE LICENSE AGREEMENT(BUILDING)
THIS COMMUNICATION SITE LICENSE AGREEMENT ("Agreement") dated and is effective as of
.
ii. 'CO! ,49k6-, is between Clear Wireless LLC, a Nevada limited liability company ("Clearwire" or
Licensee"),and The City of Renton,a Municipal Corporation("Licensor").
For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises. Licensor owns or has rights to a parcel of land ("Land") and a building
("Building") located in the City of Renton, County of King, State of WA, commonly known as 200 Mill Ave S,
Renton, WA 98055 (APN: 0007200050). The Building and the Land are collectively referred to herein as the
"Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of
Paragraph 2 below ("Effective Date/Due Diligence Period"), Licensor hereby licenses to Clearwire and Clearwire
licenses from Licensor approximately One Hundred(100) square feet of rooftop space, additional space adjacent to
and/or on the roof of the Building and cable tray, conduit and riser space, and all other access and utility easements
necessary or desirable therefore (collectively, "Premises") as may be described generally in Exhibit B annexed
hereto.
2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full
execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term
Commencement Date as defined in Paragraph 4 below("Due Diligence Period"), Clearwire shall only be permitted
to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections,
and other reasonably necessary investigations and signal,topographical, geotechnical, structural and environmental.
tests (collectively, "Investigations and Tests")that Clearwire may deem necessary or desirable to determine the
physical condition,feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due
Diligence Period,that the Premises are not appropriate for Clearwire's intended use,or if for any other reason,or no
reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to
terminate this Agreement without penalty upon written notice to Licensor at any time during the Due Diligence
Period and prior to the Term Commencement Date. Licensor and Clearwire expressly acknowledge and agree that
Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of
performing the Investigations and Tests, and that Clearwire shall not be considered an owner_ or operator of any
portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly
provided in this Paragraph 2),prior to the Term Commencement Date.
3. Use. The Premises may be used by Licensee for any lawful activity in connection with the
provisions of wireless communications services, including without limitation,the transmission and the reception of
radio communication signals and the construction,maintenance and operation of related communications facilities.
Licensor agrees, at no expense to Licensor,to cooperate with Licensee, in making application for and obtaining all
licenses,permits and any and all other necessary approvals that may be required for Licensee's intended use of the
Premises.
4. Term. The term of this Agreement shall commence upon the date Licensee begins
construction of the Licensee.Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the
Effective Date, whichever first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary
of the Term Commencement Date("Term")unless otherwise terminated as provided herein. Licensee shall have the
right to extend the Term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms and
conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term
unless Licensee notifies Licensor of its intention not to renew at least thirty(30)days prior to commencement of the
succeeding Renewal Term. It is expressly understood and agreed that all rights granted to Licensee under this
Agreement are irrevocable until this Agreement expires or sooner terminates as herein provided.
5. License Fee. Within fifteen(15)business days following the Term Commencement Date and
on the first day of each month thereafter,Licensee shall pay to Licensor as License Fee EIGHTEEN HUNDRED and
00/100 Dollars ($1800.00)per month("License Fee"). License Fee for any fractional month at the beginning or at
Clearwire Communication Tower Agreement - 1- v.5-22-06
SITE NAME:Renton Public Library
SITE NUMBER:WA-SEA0866
the end of the Term or Renewal Term shall be prorated. License Fee shall be payable to Licensor at 1055 S. Grady
Way, Renton, WA 98057; Attention: Accounts Receivable. License Fee shall be increased at the beginning of any
applicable Renewal Term by an amount equal to fifteen percent (15%) of the License Fee for the Term or previous
Renewal Term. All of Licensee's monetary obligations set forth in this Agreement are conditioned upon Licensee's
receipt of an accurate and executed W-9 Form from Licensor.
6. Improvements.
6.1 Licensee has the right to construct, maintain, install, repair secure, replace, remove and
operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines,
an air conditioned equipment shelter(s) and/or an air conditioned equipment room in, adjacent to, or on the roof of,
the Building, electronic equipment, transmitting and receiving antennas,microwave dishes, antennas and equipment,
a power generator and generator pad, and supporting equipment and structures therefore("Licensee Facilities"). In
connection therewith, Licensee has the right to do all work necessary to prepare, add,maintain and alter the Premises
for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to
transmitters and receivers. All of Licensee's construction and installation work shall be performed at Licensee's sole
cost and expense and in a good and workmanlike manner. Title to the Licensee Facilities and any equipment placed
on the Premises by Licensee shall be held by Licensee or its lenders or assigns and are not fixtures. Licensee has the
right to remove the Licensee Facilities at its sole expense on or before the expiration or earlier termination of this
Agreement, and Licensee shall repair any damage to the Premises caused by such removal. Upon the expiration or
earlier termination of this Agreement, Licensee shall remove the Licensee Facilities from the Property.
6.2 At such time that the Licensor deems it necessary to undertake repairs of roof of the
premises, Licensor shall give Licensee sixty (60) days' prior written notice of the time and duration necessary to
undertake the repairs. Licensee shall then be required to reasonably cooperate and pay all costs associated with
temporarily moving Licensee's equipment in preparation for any roof repair work that is required during the term of
the Agreement. Licensee may either temporarily relocate the Communication Facility or otherwise secure the
antennas or the Communication Facility generally to protect them from damage. Licensee 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 Licensee's expense.
7. Access and Utilities.
7.1 Licensor shall provide Licensee, Licensee's employees, agents, contractors,
subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no
charge to Licensee. Licensor grants to Licensee, and Licensee's agents, employees and contractors, a non-exclusive
right and easement for pedestrian and vehicular ingress and egress across the Property, and such right and easement
may be described generally in Exhibit B.
7.2 Licensor 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. Licensor shall be responsible for maintaining and repairing such roadways,at its sole expense,except for
any damage caused by Licensee's use of such roadways.
7.3 In consideration of the License Fee, Licensor shall provide 40 amps of electrical service
to Licensee at no charge to Licensee through Licensor owned facilities.
8. Interference. Licensee shall operate the Licensee Facilities in compliance with all Federal
Communications Commission ("FCC") requirements including those prohibiting interference to communications
facilities of Licensor or other lessees or licensees of the Property, provided that the installation and operation of any
such facilities predate the installation of the Licensee Facilities. Subsequent to the installation of the Licensee
Facilities, Licensor will not, and will not permit its lessees or licensees to, install new equipment on or make any
alterations to the Property or property contiguous thereto owned or controlled by Licensor, if such modifications are
likely to cause interference with Licensee's operations. In the event interference occurs, Licensor agrees to use best
efforts to eliminate such interference in a reasonable time period. Licensor's failure to comply with this paragraph
shall be a material breach of this Agreement.
Cleanvire Communication Tower Aereement - 2- v.5-22-06
• • SITE NAME:Renton Public Library
SITE NUMBER:WA-SEA0866
9. Taxes. Licensee shall pay personal property taxes assessed against the Licensee Facilities and
Licensor shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the
Premises or this Agreement.
10. Termination.
10.1 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, except that this Agreement shall not
be terminated if the default cannot reasonably be cured within such sixty(60)day period and the defaulting party has
commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
provided that the grace period for any monetary default is ten (10) days from receipt of written notice. This
Agreement may be terminated by Licensee without further liability for any reason or for no reason, provided
Licensee delivers written notice of termination to Licensor prior to the Commencement Date.
10.2 This Agreement may also be terminated by Licensee without further liability on thirty
(30) days prior written notice (i) if Licensee is unable to reasonably obtain or maintain any certificate, license,
permit, authority or approval from any governmental authority, thus, restricting Licensee from installing, removing,
replacing,maintaining or operating the Licensee Facilities or using the Premises in the manner intended by Licensee;
(ii) if Licensee determines that the Premises are not appropriate for its operations for economic, environmental or
technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Licensee
otherwise determines, within its sole discretion, that it will be unable to use the Premises for Licensee's intended
purpose. Should Licensee terminate this agreement after the Commencement Date for any reason other than failure
to cure a default by either party, inability to maintain or obtain a required license, permit or registration, or for
environmental reasons then licensee shall pay to licensor a termination fee equal to three(3)month's rent.
11. Destruction or Condemnation. If the Premises or Licensee Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, Licensee 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 Licensor no more than
forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If Licensee chooses not to terminate this Agreement, License Fee shall be reduced or abated in
proportion to the actual reduction or abatement of use of the Premises.
12. Insurance; Subrogation;and Indemnity.
12.1 Licensee shall provide Commercial General Liability Insurance in an aggregate amount of
One Million and No/100 Dollars ($1,000,000.00) and add Licensor as a primary and non-contributory additional
insured on the policy. Licensee may satisfy this requirement by obtaining the appropriate endorsement to any master
policy of liability insurance Licensee may maintain.
12.2 Licensor,at Licensor's sole cost and expense,shall procure and maintain CGL insurance
covering bodily injury and property damage 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 Licensor,
its employees and agents arising out of or in connections with licensor's use, occupancy and maintenance of the
Property. Within thirty (30) days following the Effective Date, Licensor shall provide Licensee with a COI
evidencing the coverage required by this Section.
12.3 Licensor and Licensee hereby mutually release each other (and their successors or
assigns) from liability 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.
12.4 Licensor and Licensee shall each indemnify, defend and hold the other harmless from
and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and
consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any
term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its
Clearwire Communication Tower.Agreement - 3- v.5-22-06
0 0 SITE NAME:Renton Public Library
SITE NUMBER:WA-SEA0866
agents, employees or contractors in or about the Property. The duties described in this Paragraph 12.4 shall apply as
of the Effective Date of this Agreement and survive the termination of this Agreement.
13. Assignment. Licensee may assign this Agreement at any time with notice to be provided to
Licensor as soon thereafter as reasonably possible.
14. Title and Quiet Enjoyment.
14.1 Licensor represents and warrants that (i) it has full right, power, and authority to execute
this Agreement, (ii) Licensee may peacefully and quietly enjoy the Premises and such access thereto, provided that
Licensee is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary
approvals and consents, and has taken all necessary action to enable Licensor to enter into this Agreement and allow
Licensee to install and operate the Facility on the Premises, including without limitation, approvals and consents as
may be necessary from other Licensees, licensees and occupants of Licensor's Property, and (iv) the Property and
access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective
Date.
14.2 Licensee has the right to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice. If, in the opinion of Licensee, such title report shows any defects of
title or any liens or encumbrances which may adversely affect Licensee's use of the Premises, Licensee shall have the
right to terminate this Agreement immediately upon written notice to Licensor.
15. Environmental. As of the Effective Date of this Agreement: (1) Licensee hereby represents and
warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
affecting the Property in violation of any applicable law or regulation, and (2) Licensor hereby represents and
warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
behalf of Licensor from any governmental entity or any person or entity claiming any violation of any applicable
environmental law or regulation in, on, under, upon or affecting the Property; and(iii) it will not pen-nit itself or any
third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
Property in violation of any applicable law or regulation. Without limiting Paragraph 12.3, Licensor and Licensee
shall each indemnify, defend and hold the other harmless from and against all Losses(specifically including, without
limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of
any representation or warranty made in this Paragraph 15 by such party; and/or (ii) environmental conditions or
noncompliance with any applicable law or regulation that result, in the case of Licensee, from operations in or about
the Property by Licensee or Licensee's agents, employees or contractors, and in the case of Licensor, from the
ownership or control of, or operations in or about, the Property by Licensor or Licensor's predecessors in interest,
and their respective agents, employees, contractors, licensees, guests or other parties. The provisions of this
Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement.
"Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
substances, pollutants or contaminants or teens of similar import, as such terms are defined in any applicable
environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-
products, flammable explosives, radioactive materials,asbestos in any form,polychlorinated biphenyls and any other
substance or material which constitutes a threat to health, safety,property or the environment or which has been or is
in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable
environmental law or regulation.
16. Waiver of Licensor's Lien. Licensor hereby waives any and all lien rights it may have,statutory or
otherwise concerning the Licensee Facilities or any portion thereof which shall be deemed personal property for the
purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
Licensor gives Licensee 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 Licensee's and/or Mortgagee's sole discretion and without
Licensor's consent.
17. 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:
Cleanvire Communication Tower A_reement - 4- - v.5-22-06
0 SITE NAME:Renton Public Library
SITE NUMBER:WA-SEA0866
If to Licensee,to: With a copy to: If to Licensor,to:
Clear Wireless LLC Clear Wireless LLC City of Renton
Attn: Site Leasing Atten: Legal Department Attn: City Attorney's Office
4400 Carillon Point 4400 Carillon Point 1055 S. Grady Way
Kirkland, WA 98033 Kirkland, WA 98033 Renton, WA 98057
Telephone: 425-216-7600 Telephone: 425-216-7600 Telephone: 425-430-6480
Fax: 425-216-7900 Fax: 425-216-7900 Fax: 425-255-5474
Email: Siteleasing@clearwire.com
Licensor or Licensee 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 or refusal to accept delivery.
18. Miscellaneous.
18.1 If Licensee is to pay License Fee to a payee other than the Licensor, Licensor shall notify
Licensee in advance in writing of the payee's name and address.
18.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to
its reasonable attorney's fees and court costs, including appeals, if any.
18.3 If any provision of the 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.
18.4 Terms and conditions of this Agreement which by their sense and context survive the
termination,cancellation or expiration of this Agreement will so survive.
18.5 This Agreement shall be governed under law of the State in which the Premises are
located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective
parties.
18.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded
by Licensee confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of
any Renewal Terms,and/or other reasonable terms consistent with this Agreement.
18.7 All Exhibits referred herein are incorporated herein for all purposes.
18.8 Licensor shall make a diligent and good faith effort to obtain a Nondisturbance
Agreement for the benefit of Licensee from each lender with a security interest recorded upon the title to the Site at
the time of execution of this Agreement.
18.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all
understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no
representations or understandings of any kind not set forth herein. Any amendments,modifications or waivers of any
of the terms and conditions of this Agreement must be in writing and executed by both parties.
18.10 Licensor agrees not to disclose, without the written consent of Licensee, any of the terms
of this Agreement or any other written agreement between the parties relating to the privileges granted herein, except
as required by governmental authority, in which case Licensor shall inform Licensee prior to divulging such
information.
Clearwire Communication Tower Agreement - $- v.5-22-06
• 0 SITE NAME:Renton Public Library
SITE NUMBER:WA-SEA0866
IN WITNESS WHEREOF,the parties have entered into this Agreement effective as of the date first above written.
LICENSOR: LICENSEE:
CITY OF RENT CLEAR WIRELESS LLC,a Nevada limited liability company
A Municipal Co or tion
By: By:
Name: Denis Law Name: RUSSELLTHOMPSON
DIRECTOR-TECHNICAL OPERATIONS
Title: Mayor Title:
Date: o2Df/ Date: NOV 15 2010
Tax I.D.: 91-6001271
Attest:
tdaz�
Bonnie I . Walton, City Clerk
'X ':
'c t:
Cleamire Communication Tower Agreement - 6- v_5-22-06
• SITE NAME,Renton Public Library
SITE NUMBER:WA-SE.A0866
STATE OF
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COUNTY OF )
I certify that I know or have satisfactofy.evidence that �O t�;p is the person who appeared
before me,and said person acknowledged tha he igned this instrument, on oath stated tha he was
authorized to execu e a instrument and acknowledged it as the of
a � _ to be the fr4 and voluntary act of such parry
Tor the uses and p oses mentioned in the instrument.
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STATE OF wcusv) IV)110y) )
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I certify that I know or have satisfactory evidence that s 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 piYOVYof Clear Wireless LLC,a Nevada limited liability company,to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: ��j I'D
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Notary Publi
Print Name
My commission expires
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Clearwire Communication Tower Aereement - 7- v.5-32-06
• SITE NAME:Renton Public Library
SITE NUMBER:WA-SEA0866
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated 2010,by and between City of Renton,a Municipal Corporation,as Licensor,
and Clear Wireless LLC,a Nevada limited liability company,as Licensee.
The Land is described and/or depicted as follows(metes and bounds description):
APN: 0007200050
TOBIN H H-D C#37 POR OF D C IN SW '/4 STR 17-23-05 LY N OF BN RR R/W& E OF PLAT OF TOWNOF
RENTON & WLY OF CEDAR RIVER LESS POR LY NWLY OF SD RR R/W TAKEN FRO RD TGW LOTS 1
THRU 13 BLK 2 OF PLAT OF TOWN OF RENTON LESS POR LY NWLY OF RR R/W TAKEN FOR RD
Clearw,ire Communication Tower Aereement - 8- v.5-22-06
- • SITE NAME:Renton Public Library
SITE NUMBER:WA-SEA0866
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated 2010,by and between City of Renton,a Municipal Corporation,as Licensor,
and Clear Wireless LLC,a Nevada limited liability company,as Licensee.
The Premises are described and/or depicted as follows:
A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO
Notes:
1. Licensee may replace this Exhibit with a survey of the Premises once Licensee receives it.
2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental
authorities.
3. The access road's width will be the width required by the applicable governmental authorities, including
police and fire departments.
4. The type, number,mounting positions and locations of antennas and transmission lines are illustrative only. The
actual types,numbers,mounting positions and locations may vary from what is shown above.
5. The locations of any utility easements are illustrative only. The actual locations will be determined by the
servicing utility company in compliance with all local laws and regulations.
Cleam ire Communication Tower Agreement - 9- v.5-22-06
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SITE NO. APN: CPM PROJECT NO.: 3319 SHEET TITLE
WA-SEA0866-A 007200050 NO. DATE D/C DESCRIPTION
SITE ADDRESS 0 10-1z-10 u/cs 90%REVIEW LEASE EXHIBIT
SITE NAME 1 10-14-10 U/GS CPM COMMENT
RENTON LIBRARY z0TON,W 980 2 10-15-10 3U/GS CPM COMMENT
RENTON,WA 98055 SCALE:NTS
0 SITE NAME:Renton Public Library
SITE NUMBER:WA-SE.A0866
EXHIBIT C
COMMUNICATIONS FACILITY
to the Agreement dated , 2010, by and between City of Renton a Municipal Corporation, as
Licensor, and Clear Wireless LLC, a Nevada limited liability company,as Licensee.
RECORDED AT REQUEST OF,AND
WHEN RECORDED RETURN TO:
Clearwire US LLC
4400 Carillon Point
Kirkland, WA 98033
Attn: Site Leasing
MEMORANDUM OF AGREEMENT
APN: 0007200050
This MEMORANDUM OF AGREEMENT is entered into on 2010, by City of Renton, a
Municipal Corporation, with an address at 1055 S Grady Way, Renton, WA 98057 (hereinafter referred to as
"Licensor" or "Licensor") and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400
Carillon Point, Kirkland, WA 98033 (hereinafter referred to as"Clearwire"or"Licensee").
1. Licensor and Clearwire entered into a Communication Tower Agreement
("Agreement")dated as of , 2010, effective upon full execution of the parties("Effective Date")
for the purpose of Clearwire undertaking certain Investigations and Tests and,upon finding the Property appropriate,
for the purpose of installing, operating and maintaining a communications facility and other improvements. All of
the foregoing is set forth in the Agreement.
2. The term of Clearwire's tenancy under the Agreement is for five (5) years
commencing on the date Licensee begins construction of the Licensee Facilities or eighteen (18) months following
the Effective Date, whichever first occurs("Term Commencement Date"), and terminating on the fifth anniversary
of the Term Commencement Date with five(5)successive five(5)year options to renew.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The
portion of the Land being licensed to Licensee and all necessary access and utility easements(the"Premises")are
set forth in the Agreement.
In witness whereof,the parties have executed this Memorandum of Agreement as of the day and year first
written above.
LICENSOR: LICENSEE:
City of Renton, Clear Wireless LLC,
A Municipal Corporation a Nevada limited liability company
By: EXHIBIT ONLY—DO NOT EXECUTE By: EXHIBIT ONLY—DO NOT EXECUTE
Name: Name:
Title: Title:
Date: Date:
Clearwire Communication Tower Agreement - W-- v.5-22-06
• SITE NAME.Renton Public Library
SITE NUMBER:WA-SEA0866
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/she signed this instrument,on oath stated that he/she was
authorized to execute the instrument and acknowledged it as the of
,a 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
(Use this space for notary stamp/seal)
STATE OF )
Ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that s 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 of Clear Wireless LLC,a Nevada limited liability company,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
(Use this space for notary stamp/seal)
Clearm,ire Communication Tower Agreement - ] - a.5-22-06