HomeMy WebLinkAboutVerizon Wireless Land Lease Agreement LAND LEASE AGREEMENT
This Land Lease Agreement(the Agreement )made this 2 3l�rday of Pa/ / ,202g
between Mason County,Washington,a municipal corporation,with its principal offices located at c/o Frank
Pinter, 411 North 5th Street, Shelton, Washington 98584, hereinafter designated LESSOR, and Cellco
Partnership d/b/a Verizon Wireless,with its principal offices at One Verizon Way,Mail Stop 4AW100,Basking
Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and
LESSEE are at times collectively referred to hereinafter as the"Parties"or individually as the"Party."
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound hereby,
the Parties hereto agree as follows:
1. GRANT. In accordance with this Agreement, LESSOR hereby grants to LESSEE the right to
install,maintain and operate communications equipment("Use")upon the Premises(as hereinafter defined),
which are a part of that real property owned,leased,or controlled by LESSOR at 100 West Public Works Drive,
Shelton,County of Mason,State of Washington(the"Property").The Property is legally described on Exhibit
"A" attached hereto and made a part hereof. The Premises are a portion of the Property and are
approximately 1,600 square feet and are shown in detail on Exhibit "B" attached hereto and made a part
hereof.LESSEE may survey the Premises.Upon completion,the survey shall replace Exhibit"B"in its entirety.
2. INITIAL TERM.This Agreement shall be effective as of the date of execution by both Parties
("Effective Date").The initial term of the Agreement shall be for 5 years beginning on the Commencement
Date(as hereinafter defined).The"Commencement Date" shall be the first day of the month after LESSEE
begins installation of LESSEE's communications equipment.
3. EXTENSIONS.This Agreement shall automatically be extended for 4 additional 5-year terms
unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent
to terminate at least 3 months prior to the end of the then current term. The initial term and all extensions
shall be collectively referred to herein as the"Term".
4. RENTAL;EXTENSION RENTALS.
(a). Rental payments shall begin on the Commencement Date and be due at a total annual
rental of$14,400.00,to be paid in equal monthly installments on the first day of the month,in advance,to
LESSOR at 411 North 5th Street,Shelton,Washington 98584 or to such other person,firm,or place as LESSOR
may,from time to time,designate in writing at least 30 days in advance of any rental payment date by notice
given in accordance with Paragraph 20 below. LESSOR and LESSEE acknowledge and agree that the initial
rental payment shall not be delivered by LESSEE until 60 days after the Commencement Date. Upon
agreement of the Parties,LESSEE may pay rent by electronic funds transfer and,in such event,LESSOR agrees
to provide to LESSEE bank routing information for such purpose upon request of LESSEE.
(b). For any party to whom rental payments are to be made, LESSOR or any successor in
interest of LESSOR hereby agrees to provide to LESSEE (i) a completed,current version of Internal Revenue
Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if
required;and(iii)other documentation to verify LESSOR's or such other party's right to receive rental as
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is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement, but LESSEE
shall have no obligation to deliver rental payments until the requested documentation has been received
by LESSEE. Upon receipt of the requested documentation, LESSEE shall deliver the accrued rental
payments as directed by LESSOR.
(c). The annual rental for the second (2nd) year of the initial term and for each year
thereafter including any and all extension terms shall be equal to 102.5%of the annual rental payable with
respect to the immediately preceding year.
5. ACCESS. LESSEE shall have the non-exclusive right of ingress and egress from a public
right-of-way,7 days a week,24 hours a day,over the Property to and from the Premises for the purpose
of installation, operation and maintenance of LESSEE's communications equipment over or along a
15-foot-wide right-of-way ("Easement"), which shall be depicted on Exhibit "B". LESSEE may use the
Easement for the installation, operation and maintenance of wires, cables, conduits and pipes for all
necessary electrical, telephone, fiber and other similar support services. In the event it is necessary,
LESSOR agrees to grant LESSEE or the provider the right to install such services on,through,over and/or
under the Property, provided the location of such services shall be reasonably approved by LESSOR.
Notwithstanding anything to the contrary,the Premises shall include such additional space sufficient for
LESSEE's radio frequency signage and/or barricades as are necessary to ensure LESSEE's compliance with
Laws(as defined in Paragraph 27).
6. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition
ready for LESSEE's Use and clean and free of debris.LESSOR represents and warrants to LESSEE that as of
the Effective Date,the Premises(a)in compliance with all Laws;and(b)in compliance with all EH&S Laws
(as defined in Paragraph 24).
7. IMPROVEMENTS. The communications equipment including, without limitation, the
tower structure, antennas, conduits,fencing and other screening, and other improvements shall be at
LESSEE's expense and installation shall be at the discretion and option of LESSEE. LESSEE shall have the
right to replace, repair, add or otherwise modify its communications equipment, tower structure,
antennas,conduits,fencing and other screening,or other improvements or any portion thereof and the
frequencies over which the communications equipment operates, whether or not any of the
communications equipment,antennas,conduits or other improvements are listed on any exhibit.
8. GOVERNMENT APPROVALS. LESSEE's Use is contingent upon LESSEE obtaining all of the
certificates,permits and other approvals(collectively the"Government Approvals")that may be required
by any Federal,State or Local authorities(collectively,the"Government Entities")as well as a satisfactory
soil boring test, environmental studies, or any other due diligence LESSEE chooses that will permit
LESSEE's Use. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no
action which would adversely affect the status of the Property with respect to LESSEE's Use.
9. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate this
Agreement upon written notice to LESSOR in the event that (i) any applications for such Government
Approvals should be finally rejected;(ii)any Government Approval issued to LESSEE is canceled,expires,
lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) LESSEE determines that
such Government Approvals may not be obtained in a timely manner; (iv) LESSEE determines any
structural analysis is unsatisfactory;(v) LESSEE,in its sole discretion,determines the Use of the Premises
is obsolete or unnecessary;(vi)with 3 months prior notice to LESSOR,upon the annual anniversary of the
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Commencement Date;or(vii)at any time before the Commencement Date for any reason or no reason
•
in LESSEE's sole discretion.
10. INDEMNIFICATION.Subject to Paragraph 11,LESSEE,its successors and assigns,will
protect,save,and hold harmless the County,its authorized agents and employees,from all claims,
actions,costs,damages(both to persons and/or property),or expenses of any nature whatsoever by
reason of the acts or omissions of the LESSEE,its assigns,subtenants,agents,contractors,licensees,
invitees,employees,or any person whomsoever,arising out of or in connection with any acts or
activities related to the Agreement,whether those claims,actions,costs,damages,or expenses result
from acts or activities occurring on or off the Leased Premises. The LESSEE further agrees to defend the
County,its agents or employees,in any litigation,including payment of any costs or attorney's fees,for
any claims or actions commenced,arising out of,or in connection with acts or activities related to this
Agreement,whether those claims,actions,costs,damages,or expenses result from acts or activities
occurring on or off the Leased Premises. This obligation shall not include such claims,actions,costs,
damages,or expenses which may be caused by the negligence of the County or its authorized agents or
employees;provided,that if the claims or damages are caused by or a result from the concurrent
negligence of(a)County,its agents or employees and(b)the LESSEE,its assigns,subtenants,agents,
contractors,licensees,invitees,employees,or involves those actions covered by RCW 4.24.115,this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the LESSEE or
its assigns,subtenants,agents,contractors,licensees,invitees,employees. LESSEE specifically assumes
potential liability for the actions brought by LESSEE's employees and solely for the purposes of this
indemnification and defense,LESSEE specifically waives any immunity under the State industrial
insurance law,Title 51 RCW.LESSEE recognizes that this waiver was the subject of mutual negotiations.
The indemnification and waiver provisions contained in this section shall survive the termination or
expiration of this Agreement.
11. INSURANCE. LESSEE shall furnish and maintain all insurance as required herein and
comply with all limits,terms,and conditions stipulated therein,at their expense,for the duration of the
Agreement,following is a list of requirements for this Agreement. Occupation under this Agreement
shall not commence until evidence of all required insurance is provided to the County. The LESSEE's
insurer shall have a minimum A.M.Best's rating of A-VII and shall be licensed,authorized,or permitted
to do business in the State of Washington. Evidence of such insurance shall consist of a completed copy
of the certificate of insurance,signed by the insurance agent for LESSEE and returned to the County
Department with whom the Agreement is executed. Upon receipt of notice from its insurer(s),LESSEE
shall provide the County with thirty(30)days'prior written notice of cancellation of any coverage
required herein. The policy shall be endorsed to include the County as an additional insured as their
interest may appear under this Agreement and the certificate shall reflect that the County is an
additional insured on LESSEE'S general liability policy with respect to activities under the Agreement.
The policy shall be primary insurance and any insurance or self-insurance carried by the County shall be
excess and not contributory insurance to that provided by the LESSEE.
The LESSEE shall not occupy,nor shall the LESSEE allow any other persons and/or personal property on
leased property until a Certificate of Insurance,meeting the requirements set forth herein,has been
approved by the County and filed with the department with whom the Agreement is executed.
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Failure of the LESSEE to fully comply with the insurance requirements set forth herein,during the term
of the Agreement,shall be considered a material breach of contract and cause for immediate
termination of the Agreement at the County's discretion.
Providing coverage in the amounts listed shall not be construed to relieve the LESSEE from liability in
excess of such amounts.
REQUIRED COVERAGE:The insurance shall provide the coverage as set forth below:
(a). GENERAL LIABILITY INSURANCE: The LESSEE shall have General Liability with limits'
of$2,000,000.00 per occurrence and$2,000,000.00 general aggregate,including products/completed
operations,personal and advertising injury,fire legal liability and medical expense.
(b). ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that
Mason County,it's officers,agents,and employees will be included as an additional insured as their
interest may appear under this Agreement for all coverage provided by this policy of insurance and shall
be fully and completely protected by this policy from all claims. Language such as the following should
be used"Mason County,Its Officers And Employees Are Included As Additional Insured."
12. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 10 and 24,
a violation of Paragraph 29,or a violation of law,neither Party shall be liable to the other,or any of their
respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology,
rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages,whether under
theory of contract,tort(including negligence),strict liability or otherwise.
13. INTERFERENCE.
(a). LESSEE agrees that LESSEE will not cause interference that is measurable in
accordance with industry standards to LESSOR's equipment.LESSOR agrees that LESSOR and other
occupants of the Property will not cause interference that is measurable in accordance with industry
standards to the then existing equipment of LESSEE.
(b). Without limiting any other rights or remedies,if interference occurs and continues
for a period in excess of 48 hours following notice to the interfering party via telephone to LESSEE's
Network Operations Center(at(800)224-6620/(800)621-2622)or to LESSOR at(360)427-9670 x530,the
interfering party shall or shall require any other user to reduce power or cease operations of the
interfering equipment until the interference is cured.
(c). The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore the Parties shall have the right to
equitable remedies such as,without limitation,injunctive relief and specific performance.
14. REMOVAL AT END OF TERM. Upon expiration or within 90 days of earlier termination,
LESSEE shall remove LESSEE's Communications Equipment(including footings) and restore the Premises
to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and
acknowledges that the communications equipment shall remain the personal property of LESSEE and
LESSEE shall have the right to remove the same at any time during the Term,whether or not said items
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are considered fixtures and attachments to real property under applicable laws.If such time for removal
causes LESSEE to remain on the Premises after termination of the Agreement,LESSEE shall pay rent at the
then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term,
until the removal of the communications equipment is completed.
15. HOLDOVER. If upon expiration of the Term the Parties are negotiating a new lease or a
lease extension,then this Agreement shall continue during such negotiations on a month-to-month basis
at the rental in effect as of the date of the expiration of the Term,subject to the annual increase. In the
event that the Parties are not in the process of negotiating a new lease or lease extension and LESSEE
holds over after the expiration or earlier termination of the Term,then LESSEE shall pay rent at the then
existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term,until
the removal of the communications equipment is completed.
16. [INTENTIONALLY DELETED.]
17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term, decide (i) to sell or
otherwise transfer all or any part of the Property, or(ii)to grant to a third party by easement or other
legal instrument an interest in and to any portion of the Premises, such sale, transfer, or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser or
transferee shall recognize LESSEE's rights hereunder. In the event that LESSOR completes any such sale,
transfer,or grant described in this Paragraph without executing an assignment of the Agreement whereby
the third party agrees in writing to assume all obligations of LESSOR under this Agreement,then LESSOR
shall not be released from its obligations to LESSEE under this Agreement,and LESSEE shall have the right
to look to LESSOR and the third party for the full performance of the Agreement.
18. LESSOR'S TITLE. LESSOR covenants that LESSEE, on paying the rent and performing the
covenants herein,shall peaceably and quietly have,hold and enjoy the Premises.LESSOR represents and
warrants to LESSEE as of the Effective Date and covenants during the Term that LESSOR has full authority
to enter into and execute this Agreement and that there are no liens,judgments,covenants,easement,
restrictions or other impediments of title that will adversely affect LESSEE'S Use.
19. ASSIGNMENT.Without any approval or consent of the other Party,this Agreement may be
sold,assigned or transferred by either Party to(i)any entity in which the Party directly or indirectly holds
an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest
in the Party; or(iii) any entity directly or indirectly under common control with the Party. LESSEE may
assign this Agreement to any entity which acquires all or substantially all of LESSEE's assets in the market
defined by the FCC in which the Property is located by reason of a merger, acquisition or other business
reorganization without approval or consent of LESSOR.As to other parties,this Agreement may not be sold,
assigned or transferred without the written consent of the other Party, which such consent will not be
unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or
control of LESSEE or transfer upon partnership or corporate dissolution of either Party shall constitute an
assignment hereunder. LESSEE may sublet the Premises in LESSEE's sole discretion.
20. NOTICES. Except for notices permitted via telephone in accordance with Paragraph 13,
all notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,return
receipt requested or by commercial courier,provided the courier's regular business is delivery service and
provided further that it guarantees delivery to the addressee by the end of the next business day following
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the courier's receipt from the sender,addressed as follows(or any other address that the Party to be notified
may have designated to the sender by like notice):
LESSOR: Mason County,Washington
c/o Frank Pinter
411 North 5th Street
Shelton,Washington 98584
LESSEE: Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster,New Jersey 07921
Attention:Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the
foregoing.
21. [INTENTIONALLY DELETED.]
22. DEFAULT. It is a"Default"if(i)either Party fails to comply with this Agreement and does not
remedy the failure within 30 days after written notice by the other Party or,if the failure cannot reasonably
be remedied in such time,If the failing Party does not commence a remedy within the allotted 30 days and
diligently pursue the cure to completion within 90 days after the initial written notice,or(ii) LESSOR fails to
comply with this Agreement and the failure interferes with LESSEE's Use and LESSOR does not remedy the.
failure within 5 days after written notice from LESSEE or,if the failure cannot reasonably be remedied in such
time,if LESSOR does not commence a remedy within the allotted 5 days and diligently pursue the cure to
completion within 15 days after the initial written notice. The cure periods set forth in this Paragraph 22 do
not extend the period of time in which either Party has to cure interference pursuant to Paragraph 13 of this
Agreement.
23. REMEDIES. In the event of a Default, without limiting the non-defaulting Party in the
exercise of any right or remedy which the non-defaulting Party may have by reason of such default,the non-
defaulting Party may terminate this Agreement and/or pursue any remedy now or hereafter available to the
non-defaulting Party under the Laws or judicial decisions of the state in which the Property is located.
Further,upon a Default,the non-defaulting Party may at its option(but without obligation to do so),perform
the defaulting Party's duty or obligation. The costs and expenses of any such performance by the non-
defaulting Party shall be due and payable by the defaulting Party upon invoice therefor.If LESSEE undertakes
any such performance on LESSOR'S behalf and LESSOR does not pay LESSEE the full undisputed amount
within 30 days of its receipt of an invoice setting forth the amount due,LESSEE may offset the full undisputed
amount due against all fees due and owing to LESSOR under this Agreement until the full undisputed amount
is fully reimbursed to LESSEE.
24. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws
governing the protection of the environment or employee health and safety("EH&S Laws"). LESSEE shall
indemnify and hold harmless the LESSOR from claims to the extent resulting from LESSEE's violation of any
applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the
environment.LESSOR shall indemnify and hold harmless LESSEE from all claims resulting from the violation
of any applicable EH&S Laws or a release of any regulated substance to the environment except
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to the extent resulting from the activities of LESSEE.The Parties recognize that LESSEE is only leasing a
small portion of LESSOR's property and that LESSEE shall not be responsible for any environmental
condition or issue except to the extent resulting from LESSEE's specific activities and responsibilities. In
the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE
may relocate its facilities to avoid such hazardous substances to a mutually agreeable location or,if LESSEE
desires to remove at its own cost all or some of the hazardous substances or materials (such as soil)
containing those hazardous substances, LESSOR agrees to sign any necessary waste manifest associated
with the removal,transportation and/or disposal of such substances.
25. CASUALTY. If a fire or other casualty damages the Property or the Premises and impairs
LESSEE's Use,rent shall abate until LESSEE's Use is restored.If LESSEE'S Use is not restored within 45 days,
LESSEE may terminate this Agreement.
26. CONDEMNATION. If a condemnation of any portion of the Property or Premises impairs
LESSEE's Use,LESSEE may terminate this Agreement. LESSEE may on its own behalf make a claim in any
condemnation proceeding involving the Premises for losses related to LESSEE's communications
equipment, relocation costs and, specifically excluding loss of LESSEE's leasehold interest, any other
damages LESSEE may incur as a result of any such condemnation.
27. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance
with all applicable laws, EH&S Laws, rules, regulations, ordinances, directives, covenants, easements,
consent decrees,zoning and land use regulations,and restrictions of record,permits,building codes,and
the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which
may hereafter come into effect(including,without limitation,the Americans with Disabilities Act and laws
regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the
Premises and at LESSEE's sole cost and expense,comply with(i)all Laws relating solely to LESSEE's specific
and unique nature of use of the Premises; and (ii) all building codes requiring modifications to the
Premises due to the improvements being made by LESSEE in the Premises.It shall be LESSOR's obligation
to comply with all Laws relating to the Property, without regard to specific use (including, without
limitation,modifications required to enable LESSEE to obtain all necessary building permits).
28. TAXES.
(a). LESSOR shall invoice and LESSEE shall pay any applicable transaction tax (including
sales,use,gross receipts,or excise tax)imposed on the LESSEE and required to be collected by the LESSOR
based on any service,rental space,or equipment provided by the LESSOR to the LESSEE.LESSEE shall pay
all personal property taxes,fees,assessments, or other taxes and charges imposed by any Government
Entity that are imposed on the LESSEE and required to be paid by the LESSEE that are directly attributable
to the LESSEE'S equipment or LESSEE's use and occupancy of the Premises. Payment shall be made by
LESSEE within 60 days after presentation of a receipted bill and/or assessment notice which is the basis
for such taxes or charges. LESSOR shall pay all ad valorem,personal property, real estate,sales and use
taxes, fees, assessments or other taxes or charges that are attributable to LESSOR's Property or any
portion thereof imposed by any Government Entity.
(b). LESSEE shall have the right, at its sole option and at its sole cost and expense, to
appeal,challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly
responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing,
prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence,
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including but not limited to,executing any consent,appeal or other similar document. In the event that
as a result of any appeal or challenge by LESSEE,there is a reduction,credit or repayment received by the
LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the
amount of said reduction,credit or repayment.In the event that LESSEE does not have the standing rights
to pursue a good faith and reasonable dispute of any taxes under this paragraph,LESSOR will pursue such
dispute at LESSEE's sole cost and expense upon written request of LESSEE.
(c). LESSEE shall be solely responsible for the payment of any taxes imposed by any lawful
jurisdiction as a result of the performance and payment of this Agreement; including(if applicable), but
not limited to,Washington State Leasehold Excise Tax,currently at a rate of twelve and 84/100 percent
(12.84%). The parties agree and acknowledge that LESSEE does not pay leasehold excise tax on a per-
lease basis but is instead centrally assessed for its leasehold interest in Washington State by the
Washington State Department of Revenue("DOR"). LESSEE will pay the leasehold excise tax due for this
Agreement directly to the DOR.
29. NON-DISCLOSURE. The Parties agree this Agreement and any information exchanged
between the Parties regarding the Agreement are confidential.The Parties agree not to provide copies of
this Agreement or any other confidential information to any third party without the prior written consent
of the other or as required by law. If a disclosure is required by law, prior to disclosure,the Party shall
notify the other Party and cooperate to take lawful steps to resist,narrow,or eliminate the need for that
disclosure.
30. MOST FAVORED LESSEE. LESSOR represents and warrants that the rent, benefits and
terms and conditions granted to LESSEE by LESSOR hereunder are now and shall be,during the Term,no
less favorable than the rent, benefits and terms and conditions for substantially the same or similar
tenancies or licenses granted by LESSOR to other parties.If at any time during the Term LESSOR shall offer
more favorable rent,benefits or terms and conditions for substantially the same or similar tenancies or
licenses as those granted hereunder,then LESSOR shall,within 30 days after the effective date of such
offering,notify LESSEE of such fact and offer LESSEE the more favorable offering. If LESSEE chooses,the
parties shall then enter into an amendment that shall be effective retroactively to the effective date of
the more favorable offering,and shall provide the same rent,benefits or terms and conditions to LESSEE.
LESSEE shall have the right to decline to accept the offering. LESSOR's compliance with this requirement
shall be subject,at LESSEE's option,to independent verification.
31. MISCELLANEOUS.This Agreement contains all agreements,promises and understandings
between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or
understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or
proceeding.This Agreement may not be amended or varied except in a writing signed by all Parties.This
Agreement shall extend to and bind the heirs, personal representatives,successors and assigns hereto.
The failure of either party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have
the right to enforce such rights at any time. The performance of this Agreement shall be governed,
interpreted, construed and regulated by the laws of the state in which the Premises is located without
reference to its choice of law rules. Except as expressly set forth in this Agreement, nothing in this
Agreement shall grant,suggest or imply any authority for one Party to use the name,trademarks,service
marks or trade names of the other for any purpose whatsoever.LESSOR agrees to execute a Memorandum
of this Agreement,which LESSEE may record with the appropriate recording officer.The provisions of the
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Agreement relating to indemnification from one Party to the other Party shall survive any termination or
expiration of this Agreement.
IN WITNESS WHEREOF,the Parties hereto have set their hands and affixed their respective seals
the day and year first above written.
LESSOR: Mason County,Washington,a municipal
corporation
By: /�, `I/�►
Name: 16,01 5)-u.44
Title: ChrAir (Yr . C.szA,tlrnt SSic 1e
t �
Date: 1>,(L. 3j 2019
t(55a. fP6.e-r7,tEtirs4 i U p
.�t�f �)-EL-£-
-R����—�CrTcyt7-vv
d/b V rizon Wireless
By: -0"-/e—o•
Name: Gordon Cook
Title: Director-yN twork Field Engineering
Date: 2_Z d,?e)
/a4/1-e41) (2/I:/if,V4 /14C
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4837-9949-4055,v.2
LESSOR ACKNOWLEDGMENT
STATE OF (3f1.S‘nihs6A-wV )
ss.
COUNTY OF W\o c v ))"
On this .3� day of U�,P P vhbe,r ,2019,before me,a Notary Public in and for the
State of (0t'1:;G,wiFnvu ,personally appeared k j\wSiu.441 ,personally
known to me(or proved to me on the basis of satisfactory evidence)to be The person who executed this
instrument,on oath stated that He/She was authorized to execute the instrument,and acknowledged it
as the fl k i r of Mason County,Washington,a municipal corporation,to be
the free and voluntary act and deed of said party for the uses and purposes mentioned in the
instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first
above written.
rMb1lic NOT RY LIC in and f the State of tt
Stasio s residing at e-HMI. OA
Commission Number 181369 f
My Commission Expires My appointme t expires /0/zp/2oZ3
October,20 2023
Print Name (,/i aSc..� Dinf.r,oir
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING
On this 23f?bday of Par 20W before me,a Notary Public in and for the
State of Washington, personally appeared Gordon Cook , personally known to me(or proved to me
on the basis of satisfactory evidence)to be the person who executed this instrument,on oath stated
that he was authorized to execute the instrument,and acknowledged it as the Director—Network Field
Operations of Cellco Partnership d/b/a Verizon Wireless,to be the free and voluntary act and deed
of said party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
MIKE CUNNINGHAM
NOTARY PUBLIC et,IM
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STATE OFWASHINGTON% NOTARY PUBLIC in and for the tatg of WA,
COMMISSION EXPIRES.' residing at IL/iYer„ ���',�•
FEBRUARY 19,2021 ' My appointment expires
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WA4 SPEEDWAYS-2
EXHIBIT"A"
DESCRIPTION OF PROPERTY
Lot 1 of Short Subdivision No.3123,recorded December 4,2018,in Volume 4 of Short Plats,page 56,
Auditor's File No.2103192,and being a portion of the North half(N 1/2)of Section 2,Township 20 North,
Range 4 West,W.M.
Parcel No.42002 21 90010
12
WA4 SPEEDWAYS-2
4837-9949-4055,v.2
EXHIBIT"B"
SITE PLAN OF THE PREMISES
(See attached)
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1 I LEASE EXHIBIT
3245158th Ave SE,MS 231
verizonv
Bellevue,WA 98008
April 27,2020
Attention: Frank-P-i-nteF-
Mason County,Washington
44-1-North 5th Street i ao® ac— (tr—le2g-K•
Shelton, WA 98584 WA, 98312
Re: SPEEDWAYS-394567 (1) One Copy of the Land Lease Agreement
Greetings:
Attached please find your copy of SPEEDWAYS-394567 (1) One Copy of the Land Lease
Agreement,fully executed by Verizon on April 23,2020.
The rent will commence on the first day of the month in which Verizon begins installation of its
communication equipment. After construction has started please return the Rent
Commencement form acknowledging that construction has started. This form is what allows
Verizon to start paying your rent. Scott Emerson can provide you with the rent Commencement
form.
1)RENT COMMENCEMENT FORM
2) Correct W-9 Forms
3)ETF FORM--If you are wanting direct deposits
1) Commencement date the installation of equipment.
Scott Emerson can provide electronically: A copy of the RENT Commencement Form-An
electronic Copy will be sent as well. To Commence the Rent; Section 2 (If/when Verizon's
Installation of equipment takes place This form must be signed and return back to Verizon.
On the Form : In Section 1 put in the date Verizon started to install its equipment//Section 2 your
signature and the date you sign this acknowledgement
2)The W-9 Form will need to be signed and returned.The W-9 form can be sent electronically
as well.
3) (ETF FORM )-The request on the Banking set form please make sure the business name is
exactly as listed with the IRS,per there note must list the LLC.if that is the way it is listed on your
tax forms with the IRS. The banking form can be sent electronically as well.
3245 158th Ave SE,MS 231
verizon
Bellevue,WA 98008
Please contact Janni Clark or myself if you any questions
Janni Clark
PWN Property Management-Alaska/Hawaii/Washington
Network Operations &Engineering
3245 158th Ave.SE
Bellevue, WA 9'8008
jann i.clark@verizonwireless:com
Office:425-603-8048
If you have any questions,I may be reached at 713-201-7503.
Sincerely,
Mike Cunningham,
Real Estate Specialist-ENG 1V
Northwest Real Estate Group
Network Operations &Engineering
3245 158th Ave SE
'Bellevue,WA_98008
713-201-7503