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�wr' PCS SITE AGREEMENT �rw;LAG-99-00� April 99
Site Name: Cedar River Site I. D. SE2971'�265-C
1. Premises and Use. Owner leases to Sprint Spectrum L.P., a 9. Interference. SSLP will resolve technical interference problems with
Delaware limited partnership("SSLP"),the site described below: other equipment located at the Site on the Commencement Date or any
[Check appropnate box(es)] equipment that becornes attached to the Site at any future date when
❑ Land consisting of approximately square feet upon which SSLP desires to add additional equipment to the Site. Likewise, Owner
SSLP will construct its ❑ equipment base station and ❑ antenna will not permit or suffer the installation of any future equipment which (a)
structure; results in technical interference problems with SSLP's then existing
� Building interior space consisting of approximately 265 square feet; equipment or(b)encroaches onto the Site.
� Building exterior space for attachment of antennas; 10. Utilities. Owner represents that utilities adequate for SSLP's use of
❑ Buiiding exterior space for placement of base station equipment; the Site are available. SSLP will pay for ali utilities used by it at the Site.
❑ Tower antenna space between the_foot and _foot level on Owner will cooperate with SSLP in SSLP's efforts to obtain utilities from
the Tower; any location provided by Owner or the servicing utility, including signing
� Space required for cable runs to connect PCS equipment and any easement or other instrument reasonably required by the utility
antennas,
company.
in the location(s) ("Site") shown on Exhibit A, together with a non- 11. Termination. SSLP may terminate this Agreement at any time by
exclusive easement for reasonable access thereto and to the notice to Owner without further liability if SSLP does not obtain all
appropriate, in the discretion of SSLP, source of electric and telephone permits or other approvals (collectively, "approval") required from any
facilities. The Site wiil be used by SSLP for the purpose of instafling, 9overnmentai authority or any easements required from any third party to
removing, replacing, modifying, maintaining and operating, at its operate the PCS system, or if any such approval is canceied, expires or
expense, a personal communications service system facility ("PCS"), �s withdrawn or terminated, or if Owner fails to have proper ownership of
including, without limitation, antenna equipment, cable wiring, back-up the Site or authority to enter into this Agreement, or if SSLP, for any
power sources, related fixtures and, if applicable to the Site, an antenna other reason, in its sole discretion, determines that it will be unable to
structure.SSLP will use the Site in a manner which wiil not unreasonably use the Site. Upon termination,ail prepaid rent will be retained by Owner
disturb the occupancy of Owner's other tenants. SSLP will have access unless such termination is due to Owner's failure of proper ownership or
to the Site 24 hours per day,7 days per week. authority,or such termination is a result of Owner's default.
2. Term. The term of this Agreement (the "Initial Term") is 5 years, 12. Default. If either party is in default under this Agreement for a
commencing on the date ("Commencement Date") both SSI.P and Period of(a) 15 days following receipt of notice from the non-defaulting
Owner have executed this Agreement. This Agreement will be Party with respect to a default which may be cured solely by the payment
automaticaliy renewed for four additional terms (each a"Renewal Term") of money, or (b) 30 days foliowing receipt of notice from the non-
of 5 years each, unless SSLP provides Owner notice of intention not to defaulting party with respect to a default which may not be cured solely
renew not less than 180 days prior to the expiration of the initial Term or by the payment of money, then, in either event, the non-defaulting party
any Renewal Term. may pursue any remedies available to it against the defaulting parry
under applicabte law, including, but not limited to, the right to terminate
3. Rent. Until the date which is 60 days after the issuance of a building this Agreement. If the non-monetary default may not reasonably be
permit or 60 days after the first day of physicai preparation of the site, cured within a 30-day period, this Agreement may not be terminated if
whichever is earlier, rent will be a one-time aggregate payment of the defaulting party commences action to cure the default within such 30-
$100.00, the receipt of which Owner acknowledges. Thereafter, rent will day period and proceeds with due diligence to fully cure the defautt.
be paid in equal monthly instailments of$1,400.00(until increased as set �3. Indemnit Owner and SSLP each indemnifies the other a ainst
forth herein), partial months to be prorated, in advance. Rent shall be y 9
increased annually by four percent(4.0%) and holds the other harmless from any and all costs (including
4. Title and Quiet Possessio�. Owner represents and agrees(a)that it �easonabie attorneys'fees)and claims of liability or loss which arise out
is the Owner of the Site; (b)that it has the right to enter into this of the ownership, use and/or occupancy of the Site by the indemnifying
Agreement; (c)that the person signing this Agreement has the authoriry Party. This indemnity does not appiy to any claims arising from the sole
to sign; (d)that SSLP is entitled to access to the Site at all times and to negiigence or intentional misconduct of the indemnified party. The
the quiet possession of the Site throughout the Initial Term and each indemnity obligations under this Paragraph wiil survive termination of this
Renewal Term so long as SSLP is not in default beyond the expiration of Agreement.
any cure period; and (e)that Owner shall not have unsupervised access �4. Hazardous Substances. Owner represents that it has no
to the Site or to the PCS equipment. 'See Exhibit C Addendum knowledge of any substance, chemical or waste (collectively,
5. Assignment/Subletting. SSLP shall have the right to sublease or "substance") on the Site that is identified as hazardous, toxic or
assign its rights under this Agreement without notice to or consent of dangerous in any applicable federal, state or local law or regulation.
Owner. 'See Exhibit C Addendum. SSLP will not introduce or use any such substance on the Site in
violation of any applicable law.
6. Notices. All notices must be in writing and are effective only when 15. Subordination and Non-Disturbance. This Agreement is
deposited in the U.S. maii, certified and postage prepaid, or when sent subordinate to any mortgage or deed of trust now of record against the
via overnight delivery. Notices to SSLP are to be sent to: Sprint Site. However, promptly after the Agreement is fuliy executed, Owner
Spectrum L.P., Real Estate Manager—Seattie,4683 Chabot Drive, Suite Will use diligent efforts to obtain a non-disturbance agreement reasonably
100, Pleasanton, CA 94588, with a copy to Sprint Spectrum L.P., 4900 acceptable to SSLP from the holder of any such mo�tgage or deed of
Main, Kansas City, MO 64112. Notices to Owner must be sent to the trust.
address shown underneath Owner's signature.
7.Improvements. SSLP may,at its expense,make such improvements 16. Taxes. SSLP will be responsibie for payment of all personal
on the Site as it deems necessary from time to time for the operation of Property taxes assessed directly upon and arising solely from its use of
the PCS system.Upon termination or expiration of this Agreement, SSLP the communications facility on the Site. SSLP will pay to Owner any
may remove its equipment and improvements and will restore the Site to �ncrease in reai property taxes attributable soleiy to any improvements to
substantially the condition existing on the Commencement Date, except the Site made by SSLP within 60 days after receipt of satisfactory
for ordinary wear and tear and casualty loss. documentation indicating calculation of SSLP's share of such real estate
taxes and payment of the real estate taxes by Owner. Owner will pay
8. Compliance with Laws. Owner represents that Owner's property when due all other real estate taxes and assessments attributable to the
(including the Site), and ali improvements located thereon, are in property of Owner of which the Site is a part. 'See Exhibit C Addendum
substantial compliance with building, life/safety,disability and other laws, 17. Insurance. SSLP will procure and maintain commerciai general
codes and regulations of applicable governmental authorities. SS�P will iiability insurance,with limits of not less than$1,000,000 combined single
substantially comply with ail applicable laws relating to its possession limit per occurrence for bodily injury and property damage Iiabiiity, with a
and use of the Site.
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certificate of insurance to be furnished to Ow�,,�ithin 30 days of written OWNER:
request. Such policy will provide that canceiP�tTbn will not occur without "�`
at least 15 days prior written notice to Owner. Each party hereby waives City of Ren n
its right of recovery against the other for any loss or damage covered by �
any insurance policies maintained by the waiving party. Each party will
cause each insurance policy obtained by it to provide that the insurance gy.
company waives all rights of recovery against the other party in esse Tanner
connection with any damage covered by such policy.
18. Maintenance. SSLP will be responsible for repairing and Mayor
maintaining the PCS system and any other improvements installed by Its:
SSLP at the Site in a proper operating and reasonably safe condition;
provided, however if any such repair or maintenance is required due to
the acts of Owner,its agents or employees,Owner shall reimburse SSLP ����� a/
for the reasonable costs incurred by SSLP to restore the damaged areas Date: � �99q
to the condition which existed immediately prior thereto. Owner wiil
maintain and repair all other portions of the property of which the Site is a
part in a proper operating and reasonably safe condition. 91-6001271
19. Miscellaneous. (a)This Agreement applies to and binds the heirs, S.S./Tax#:
successors, executors, administrators and assigns of the parties to this
Agreement; (b) this Agreement is governed by the laws of the state in Address: Renton City Hall, Fifth Floor
which the Site is located; (c) If requested by SSLP, Owner agrees 1055 South Grady Way
promptly to execute and deliver to SSLP a recordable Memorandum of
this Agreement in the form of Exhibit B; (d)this Agreement(inciuding the Renton,WA 98055
Exhibits) constitutes the entire agreement between the parties and (425)430-6606 _
supersedes all prior written and verbal agreements, representations,
promises or understandings beriveen the parties, and any amendments
to this Agreement must be in writing and executed by both parties: (e)if
any provision of this Agreement is invalid or unenforceable with respect Sprint Spectrum�.P.
to any party, the remainder of this Agreement or the application of such a Detaware li ited partnership
provision to persons other than those as to whom it is held invalid or
unenforceable,will not be affected and each provision of this Agreement
will be valid and enforceable to the fullest extent permitted by law;and(� By'
the prevailing party in any action or proceeding in court or mutually
agreed upon arbitration proceeding to enforce the terms of this �0.w��,..e.�..� �j ��c r��
Agreement is entitled to receive its reasonable attorneys'fees and other —;�
reasonable enforcement costs and expenses from the non-prevailing Its: S'"�e- ��-V. Ll;( ,
party.
20. Non-Binding Until Fuliy Executed. This Agreement is for
discussion purposes only and does not consUtute a formal offer by either �—j�--L'�L�
party. This Agreement is not and shall not be binding on either party Date:
untii and unless it is fully executed by both parties.
The following Exhibits are attached to and made a part of this
Agreement: Exhibits A,B and C.
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OWNER ACKNOWLEDGEMENT:
STATE OF WASHINGTON )
)ss.
COUNTY OF K//Y(� )
i certify that I know or have satisfactory evidence that �L�y`!� T,f/r��. is the person
who appeared before me, and said person acknowledged that said person signed this instrument, on oath
stated that said person was authorized to execute the instrument and acknowledged it as the
�liJ A �0,� of the City of Renton to be the free and voluntary act of such corporation
for the uses and purposes mentioned in the instrument.
Dated this �/aT ay of 1)��E � , 1999.
�
(Signature N ry)
�lil��/l.�1� J: �G,�tG�l�
(Legibly Print or Stamp Name of Notary)
Notary public in and for the state of Washington, residing
at n�/✓�/l�
My appointment expires l� ` �� �
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SPRINT SPECTRUM L.P. NOTARY BLOCK:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
The foregoing instrument was acknowledged before me this 29th day of February,2000 by
Lawrence Doherty, who 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.
(AFFIX NOTARIAL SEAL)
�
_ .�._
"' SHARQN R.ARMSTRONG (OFFICIAL NOTARY IGNATURE)
�r _'�^� ,+ sJCOMMIvSiON 1159415 Notary Public- State of California
� � ,N07ARY PfJLl.IG-CAE.t�nRNIA�
ALAHAEllA COUhDTf
��,�, Ay corr�r�ssion e�xmce.s,:;c:,ta.'t'Kct
�
Sharon R.Armstron
My COt111711SS1Of1 eXpli'eS: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
October 24, 2001
COMMISSION NUMBER: 1159415
. � .
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EXHIBIT A
Site Description
Site Name: Cedar River Site I. D. SE29XC265-C
Site situated in the City of Renton, County of King, State of Washington commonly described as foliows:
Legal Description:
LOT TOBIN DC &TOBIN H H—D C#37 POR OF D C IN SW '/<OF STR 17-23-05 LY N OF BN RR RNV
& E OF PLAT MAP OF RENTON &W�Y OF CEDAR RIVER LESS POR LY NWLY OF SD RR R/W
TAKEN FOR RD TGW LOTS LOTS 1 THRU 13 BLK 2 OF PLAT OF TOWN OF RENTON LESS POR LY
NEWLY OF RR R/W TAKEN FOR RD.
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Owner Initials �` e
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SSLP Initials
Note:Owner and SSLP may,at SSLP's option,replace this Exhibit with an exhibit setting forth the legal descPiption of the property
on which the Site is located and/or an as-built drawing depicting the Site.
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SSLP Initials
Note:Owner and SSLP may,at SSLP's option,replace this Exhibit with an exhibit setting forth the legal description of the property
on which the Site is located and/or an as-built drawing depicting the Site.
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