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HomeMy WebLinkAboutCOM2016-00124 Agreement to Extend Ground Lease - COM Letters / Memos - 9/14/2016 AGREEMENT T( TEND GROUND LEASE AND EXPAND kSED PREMISES THIS AGREEMENT TO EXTEND GROUND LEASE AND EXPAND LEASED PREMISES(the"Agreement") is by and between Global Signal Acquisitions IV LLC,a Delaware limited liability company("Lessor")and STC Five LLC,a Delaware limited liability company, by and throu its attorney-in-fact Global Signal Acquisitions If LLC, a Delaware limited liability company, ("Lessee")effective as of b ("Effective Date"). Whereas, Lessor has acquired an easement("Easement") along with a concomitant ground lease ("Ground Lease") relating to a certain tower site upon which Lessee has one or more communication towers and related improvements or assets located on the real property leased to Lessee pursuant to the Ground Lease("Leased Premises");and Whereas, Lessor and Lessee desire to extend the term of the Ground Lease;and Whereas, Lessor and Lessee desire to expand the Leased Premises;and Whereas, Lessor and Lessee have agreed upon terms for the extension of the Ground Lease and expansion of the Leased Premises and they desire to memorialize such agreement in writing. Now, therefore, Lessor and Lessee,for good and valuable consideration,agree as follows: RECEIVED Definitions SEP 14 2016 "Agreement"means this Agreement to Extend Ground Lease and Expand Leased Premises. 615 W. Alder Street "Ground Lease" means the lease dated April 8, 1996 for property located in Mason County, Washington, a memorandum of which was recorded on April 23, 1996 at Instrument No. 625764 in the Office of the Mason County Recorder, Washington. The original lessor's interest in the lease was assigned to Lessor in the Easement which is dated of approximate date herewith. "Lessee's Notice Address" means c/o Crown Castle USA Inc., E. Blake Hawk, General Counsel, 2000 Corporate Drive, Canonsburg,PA 15317. "Lessor's Notice Address" means c/o Crown Castle USA Inc., E. Blake Hawk, General Counsel, 2000 Corporate Drive, Canonsburg, PA 15317. Ground Lease Term. Effective as of the date of this Agreement, the term of the Ground Lease shall be extended to the earlier of (i) December 31, 2031 or (ii) the termination date of the Easement. If there is any conflict between the Ground Lease and this Agreement,this Agreement shall prevail. Ground Lease Termination. Lessee has the right to terminate the Ground Lease with at least five(5)years' prior written notice to Lessor. Rent. Effective as of the Effective Date, Lessee shall p per month to Lessor. The monthly rent shall increase annually commencing on each January 1,to an amount equal to the monthly rent prior to such adjustment multiplied by the CPI indicator published on or about October I prior to such adjustments divided by the CPI indicator published on or about October I for the prior year. "CPI" means the Consumer Price Index published by the Bureau of Labor for all Urban Consumers,U.S.City Averages or a substantially similar index if such index is not published. Notices. All notices hereunder shall be in writing and shall be given by (i) established national courier service which maintains delivery records,(ii)hand delivery,or(iii)certified or registered mail,postage prepaid,return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to Lessor at Lessor's Notice Address and to Lessee at Lessee's Notice Address. Assignment, Sublease, Licensina and Encumbrance Lessee has the right, without any requirement that it pay any additional consideration to Lessor and at its sole discretion, to assign all or any interest in this Agreement and to sublease or license the rights granted to it in the Ground Lease or modify or alter the Leased Premises. If there is any conflict between the Ground Lease and this Agreement,this Agreement shall prevail. Site Name:Belfair 1 olDa!ag j=dO ,o+c,T�� &YP&-w—� BUN: 880354O35y L�selt_ic tom: t• Additional Land. Lessor and Lessec ee that the Leased Premises as modified :scribed on Exhibit A attached hereto. Notwithstanding anything to the contrary in this Agreement, Lessee is not relinquishing any rights to any lease area,access easements, and/or utility easements that it possesses prior to the Effective Date. In the event the location(s)of any of Lessee's or its subtenants' existing improvements,utilities, and/or access routes are not depicted or described on the site plan and/or legal descriptions, Lessee's leasehold rights and access and utility easement rights over such area(s)shall remain in full force and effect and the Leased Premises shall be deemed to include such areas. IN WITNESS WHEREOF, Lessor and Lessee, having read the foregoing and intending to be legally bound hereby, have executed this Agreement as of the day and year first written above. LESSOR: GLOBAL SIGNAL ACQUISITIONS IV LLC, a Delaware limited liability company By: � ,t Print Name: trary Van Swol Title: Real Estate Transaction Manager LESSEE: STC FIVE LLC,a Delaware limited liability company By:Global Signal Acquisitions 11 LLC,a Delaware limited liability company Its: Attorney In Fact ,� By: 4�3 Print Name* — Title: Site Name:Belfair 2 BUN:880354 EXHIBIT A (Leased Premises) ]Description of Leased Premises] A parcel of land located in the Southeast Quarter of the Southwest Quarter of Sections 21,Township 23 North,Range I West, Willamette Meridian,Mason County, Washington,more particularly described as follows: Commencing at the southeast comer of said Southeast Quarter of the Southwest Quarter of Section 21,from which the northeast comer of said Southeast Quarter of the Southwest Quarter of Section 21,bears North 00'26'18 East,a distance of 1305.67 feet as shown on Boundary Line Adjustment,recorded in Volume 28,Page 106,Records of Mason County; thence North 74154'22" West,a distance of 523.73 feet to the Point of Beginning; thence South 73°33'47" West,a distance of 20.25 feet; thence North 17°14'27" West,a distance of 55.53 feet; thence North 73°42'58" East,a distance of 12.70 feet; thence South 18°27'52" East,a distance of 19.59 feet; thence South 41043'31" East,a distance of 17.21 feet; thence South 171 14'18" East,a distance of 20.35 feet to the Point of Beginning. Containing 924.49 square feet or D.021 acres,more or less (Description of Access Easement Area] A parcel of land located in the Southeast Quarter of the Southwest Quarter of Sections 21.Township 23 North, Range I West, Willamette Meridian,Mason County,Washington,more particularly described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter of Section 21,from which the northeast comer of said Southeast Quarter of the Southwest Quarter of Section 21,bears North 00'26'18 East,a distance of 1305.67 feet as shown on Boundary Line Adjustment,recorded in Volume 29, Page 106, Records of Mason County; thence North 74°54'22" West,a distance of 523.73 feet to the Point of Beginning; thence North 171 14'18" West along the east line of the Leased Premises,a distance of 12.84 feet; thence North 71°35'02" East,a distance of 71.59 feet to the northerly right-of-way of State Highway number 14(US Highway 3)and the beginning of a curve to the left having a chord bearing of South 49°14"46" West,a chord distance of 30.78 feet; thence continuing along said curve to the left with a radius of 5680.00 feet,through a central angle of 00'18"38",an arc distance of 30.78 feet; thence South 49024'05" West along the said northerly right-of-way,a distance of 80.53 feet to the easterly right of way line of railroad; thence North 15'17'12"West along the said easterly right-of-way,a distance of 38.06 feet; thence North 74042'48" East along the said easterly right-of-way,a distance of 5.00 feet; thence North 15°17'12"West along the said easterly right-of-way,a distance of 47.95 feet; Site Name: Belfair 3 BUN:880354 thence North 74°4248"East le Y the said easterly right-of-way,a distance of i feet to the northwest comer of the Leased Premises; thence South 17014'27"East alongthe west line of the Leased Premises,a distance of 55.53 feet to the southwest comer of the Leased Premises; thence North 73133'47" East along the southerly line of the Leased Premises,a distance of 20.25 feet to the southeast corner of the Leased Premises and the Point of Beginning; Containing 1987 square feet or 0.046 acres,more or less Legal Descriptions prepared by: h2 Surveying, LLC 8880 N. Hess,Suite 2 Hayden,ID 83835 MIMMMM Site Name: Belfair 4 BUN:880354 i Site Name BELFAIR Cascade No. SE03xc570 SPRINT PCS AyIEND�IENT TO AGREEMENT Located at Milepost 27-6, Highway 3, Belfair, WA 98528 in the County of Mason .lack Johnson Construction ("Owner") and Sprint Spectrum L.P. ("Sprint Spectrum") hereby agree that Exhibit"A"to the Sprint PCs ("Agreement") executed by Owner and Sprint Spectrum with an effective date of 4-8 96 , is replaced by the Exhibit"A"attached hereto. The attached Exhibit"A", reflecting additional lease area for installation of a back-up power source, is hereby incorporated into and becomes part of the Agreement. As consideration for this Amendment,lSprint Spectrum agrees to pay Owner the additional monthly rent of -per month, which will be subject to all other terms and conditions of the Agreement, including escalators and termination clauses. Sprint Spectrum shall begin paying the additional rent on the earlier of(a) that date which is 30 days after the issuance of a building permit, or(b) the first day of the month following the commencement of the physical preparation of the Site. Sprint Spectrum may terminate this Amendment at any time by notice to Owner without fiu-ther liability if Sprint Spectrum does not obtain all permits or other approvals (collectively, "approvals") required from any governmental authority or any easements required from any third party to operate the back up power source (including associated utilities) or if any such approval is canceled, expires is withdrawn or terminated, or if Owner fails to have proper ownership of the Site or authority to enter into this Amendment, or if Sprint Spectrum, for any other reason, in its sole discretion, determines to terminate this Amendment. Upon termination, all prepaid sums will be retained by Owner unless such termination is due to Ow-ner's failure of proper ownership or authority, or such termination is a result of Owner's default. Termination of this Amendment shall have no effect on the validity or enforceability of the Agreement. This Amendment is effective on the date when signed by the last party to sign, "OWNTR" "SPRNT SPECTRL2%I" Sprint Spectrum L.P. B • �, \ B y� Y: _ Mike ' odd By: �,�c�tc_ , Jn{'���5 ,-. Name: RPg1C)na1 ❑imntc)r Title: Rite Development Sprint Spectrum LP Date: Ci Date: 4Z2, k Rev 2—:dug 13, 1993—BP;Coosrr ORIGINAL amendment ro A;reement EXHIBIT A TO AINI ENDMENT TO Sprint: PCs AGREEMENT AMENDED DESCRIPTION OF SPRINT SPECTRUM'S SITE Site Name BELFAIR Sitg D. Nol SE03xc570 i C� 1 c t. ,1 ,ti Gxi - Note: Sprint Spectrum may replace this Amended Description of Sprint Spectrum's Site with the plans submitted to the local jurisdiction for a building permit and/or as-built drawings depicting the Site. Such replacement description shall be deemed a part of this Agreement and shall be binding on Owner and Sprint Spectrum. i Owner Initials _ Sprint Spectrum Initials Exhibit A EXHIBIT A Site Name oY�rSGn � PCS Site Agreement Site I. D. o G� Site Description Legal Description of Property_ Order No. 71335 All that portion of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of Section twentyone (21) , Township twentythree (23) North, Range one (1) West, W.M. , lying South of the North 770 feet thereof and Northwesterly of the Northwesterly right--of-way line of State Route No. 3 (as it existed February 5, 1946) , 'and lying Easterly of the Easterly railroad rigght-of-way line; excepting therefrom right-of-way for State Route No. 3 including that portion conveyed to the State of Washington by instrument recorded February 9, 1979, Auditor's File No. 356963. Parcel No. 12321 34 00030. Dale,1125^96 Version 2.0 Seafr sacrsxt•�a�s - SECOND AMENDMENT TO PCS SITE AGREEMENT This Second Amendment to PCS Site Agreement ("Amendment") is made and entered into as of the �Vu day of_ , 2004 ("Execution Date"), by and between Sprint Spectrum Realty Company, L.P., a Delaware limited partnership ("Sprint"), and S & J Johnson, L.L.C., a Washington limited liability company, ("Owner"). RECITALS A. Sprint Spectrum L. P., a Delaware limited partnership, formerly known as MajorCo, L.P., ("Parent") leased from Owner certain real property in Mason County, Washington pursuant to a PCS Site Agreement ("Agreement") dated April 8, 1996. Parent subsequently assigned its interest in the Agreement to Sprint, its affiliate. B. Owner is the present record owner of the real property in Mason County, Washington pursuant to Agreement and, as such, the assignee of S&L Johnson, L.L.C. and Jack E. Johnson and Kathy L. Johnson interest in the Agreement. C. Sprint and Owner desire to amend the Agreement on the terms and conditions contained herein to enable Sprint to obtain additional ground space which will enable Sprint to allow ("Collocator"),to Collocate with Sprint on the Site. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration,the receipt and sufficiency which is hereby acknowledged,the parties hereby agree as follows: 1. The effective date("Effective Date")of this Amendment shall be the date that Sprint enters into an agreement with Collocator whereby Sprint grants to Collocator the right to Collocate on the site("Collocation Agreement"}. 2. As of the Effective Date, Owner hereby lease to Sprint the additional approximate 450 square feet of real property described in the attached Exhibit A ("Additional Space"). All references to the Site in the Agreement will be deemed to include the Additional Space. 3. Sprint will pay to Owner rent for the Additional Space("Additional Rent")in the amount of per month. Additional Rent will commence on the first day of the first month following the date that Collocator installs its equipment on Sprint's tower at the Site(partial month to be prorated). Initial Additional Rent payment will be made within 45 days from the start of construction. The Additional Rent will escalate in the same manner and at the same time as rent, as described in the Agreement. 4. If Collocator and Sprint have not entered into a Collocation Agreement one- hundred and eighty (180)days following the Execution Date,either Owner or Sprint may terminate this Amendment at any time after the date that is one-hundred and eighty(180)days following the Execution Date of this Amendment. Ground Space. Page I of 4 SE -03 5. All capitalized terms not defined herein shall have the meaning given to such terms in the Agreement. Except as explicitly amended hereby, the Agreement remains in full force and effect and is hereby restated,ratified and confirmed in accordance with its original terms, as amended hereby. IN WITNESS WHEREOF, Sprint and Owner have executed this Amendment as of the date first above written. All notices must be in writing and are effective when deposited in US Mail, certified and postage prepaid, or when sent via over night delivery to the following addresses: If to Sprint: Sprint Sites USA Attn: Property Manager 5030 Riverside Drive Suite K0301 Irving,TX 75039 With copies to: Sprint—Law Department Attn:Real Estate Attorney 6391 Sprint Parkway MS: KSOPHT0101-Z2020 Overland Park, KS 66251-2020 Sprint National Lease Management MS: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park,KS 66251-2650 If to Owner: S&J Johnson, LLC Attn: Stephen J. Johnson P. O. Box 488 Belfair,WA 98528-0488 Ground Spacc Page'-'of 4 SE03XMO-43 Sprint Spectrum Sprint, L. P. 4, By: Name: George Ghantous Title: Director, Central West Regions Date: 49Y Sprint Sites USA- S &J Johnson,L.L.C., a Washington limited liability compan Name: Lenita. Johns 3 Title: Date: �1 L Ground Spate Page 3 of 4 SE03XC57M3 SECOND AMENDMENT TO PCS SITE AGREEMENT EX HBIT A MMGvFMlCLLAR;-ARKM 1 1 PQOPOSM NOMEL CompoL w Isx2T tgslaml) + 1 � 11 ♦♦ CD3 r-Lclu Eawolr� rryq \ 9'-e AC4 1 1 •. 1t• G1E r.A +� cm srtala .1 1 L ' ♦il"Il l :CD9 11 ♦♦1 1 1 ` I I ♦L I�` 1 i 1 1 1�• 1 1• � � 1 �� y11MC 1 �• 1 AIfJ I{Y � 1 1 1 +1 1 t ' 1 auu1 +�1 PAO Fs WMHM -st IbM L rx�� L xre� + Y� 1 1 -------------- DRAWING NOT TO SCALE GTt)md SpaCo Page 4 Of 4 l EXHIBIT A Site Name o��Sc=:r 5�'� PCS Site Agreement Site i. D. W Site Description Legal Description of Property: Order No. 7133 5 All that portion of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of Section twentyone (21) , Township twentythree (23) North, Range one (1 ) West, W.M. , lying South of the North 770 feet thereof and Northwesterly of the Northwesterly right-of-way line of State Route No. 3 (as it existed February 5, 1946) , ,and lying Easterly of the Easterly railroad rig9ht-of-way line; excepting therefrom right-of-way for State Route No. 3 including that portion conveyed to the State of Washington by instrument recorded February 9, 1979, Auditor's File No. 356963. Parcel No. 12321 34 00030. Dafe 1/2596 Version 2.0OF I Isl Seat: IN WITNESS RECORDED AT THE REQUEST OF AND WHEN RECORDED, RETURN TO: Sprint Sites USA 4457 Willow Road, Suite 202 Pleasanton, California 94588 Attn: Property Specialist above this line for County MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this 25th day of September 2002 2002, by and between S $ L Johnson, L.L.C., a Washington limited liability company, and Jack E. Johnson and Kathy L. Johnson, husband and wife, as to an undivided % interest, with an address of P_O. Box 488, Belfair, WA 98528-0488 (hereinafter referred to as "OWNER"), and Sprint Spectrum Realty Company, a Delaware limited partnership, with an office at 4457 Willow Road, Suite 202, Pleasanton, California 94588 (hereinafter referred to as "SS LP") 1. Owner, or Owner's predecessor(s) in interest, and Sprint Spectrum Realty Company, L.P. (SSLP's predecessor In interest and hereinafter referred to as "Lessee"), entered into a PCS Site Agreement ("Agreement")on April 8, 1996,for the purpose of installing, removing, replacing, maintaining and operating a personal communicatlons service system facility. All of the terms and conditions of the Agreement are incorporated herein by reference. 2. SSLP is now the owner and holder of all of the Lessee's rights to the Agreement. 3. The term of the Agreement ("Initial Term") is five (5) years, commencing on a date ("Commencement Date") as defined in the Agreement and automatically renews for four(4) additional terms (each "Renewal Term")of five (5) years each pursuant to certain terms and conditions contained in the Agreement. 4. The Agreement has been modified by the following subsequent instruments: a. September 2, 1998 b. June 14, 2001 -- 5. The Parcel which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Parcel which is effected by the Agreement, as modified, (the"Site") is described or depicted in Exhibit B annexed hereto and may include certain additional easements, rights and appurtenances. 6. This Exhibit represents a true and accurate representation of the Sprint lease area. This Memorandum hereby supersedes all past recorded documents for this lease. In the event of any conflicts between this Exhibit and any other past-recorded exhibits for this Lease, this Exhibit shall control. 7. In the event of any inconsistency between this Memorandum and the Agreement, as modified, the Agreement shall control. 8. This Memorandum and the Agreement, as modified, shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns. SIGNATURES TO FOLLOW 80air.SE03XC570 1 86002002 WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. OWNER: LESSEE: S & L Johnson L.L.C. a Washington limited Sprint Spectrum Realty Company, L.P., a Delaware 9 liability company, and Jack E. Johnson and Kathy limited partnership L. Johnson, husband and wife, as to an undivided Y2 interest P By: C,e By, Titl . Title: Date: 7— Date: BY= - Title: Date: 2 �7 r By: Title-- Date, By: Title: Date: Belfair.SE03XC570 2 IV3012002 i EXHIBIT A DESCRIPTION OF LAND This Exhibit "A" is attached to and made a part of that certain Memorandum of Agreement entered into on S�e'T' --sr--yAL_ 25 _, 2002, by and between S & L Johnson, L.L.C., a Washington limited liability company, and Jack E. Johnson and Kathy L. Johnson, husband and wife, as to an undivided Y2 interest, as "OWNERS" and Sprint Spectrum Realty Company, a Delaware limited partnership as"SSLP". All that real property situated in the City of Belfair,County of Mason, State of Washington and is more particularly described as follows: That portion of the following described property lying Easterly of the railroad right of way; That portion of the Southeast quarter of the Southwest quarter, Section 21, Township 23 North, Range 1 West, W.M., in Mason County, Washington, lying South of the North 770 feet, thereof, and lying Northwesterly of right of way for Primary State Highway No. 14(Navy Yard Highway)as the same is now constructed and in use over and across said land. Excepting that portion deeded to the State of Washington for road by deed recorded under Auditor's File No.356963. Commonly known as: Milepost 27-6,Highway 3 Belfair,WA 98528 Assessor's Parcel No.or Tax Parcel No.;12321 34 0030 Initials Belfair.SF03XC570 EXHIBIT B DESCRIPTION OF LAND This Exhibit 1Y is attached to and made a part of that certain Memorandum of Agreement entered into on Z. ,2002, by and between S & L Johnson, L.L,C., a Washington limited liability company, and Jack E. Johnson and Kathy L. Johnson, husband and wife, as to an undivided '/2 interest, as "OWNERS" and Sprint Spectrum Realty Company,a Delaware limited partnership as"SSLP". The Premises and Site are depicted as follows:' 1 1 1 13ELFAIR SE03XC570 t I PROPCSEO RELACA^ON TANK 1 •Oi�dA __�_,( 1 EXISTING Its,-:Y 1F'GN NAIN PROPO^sED (2) LJNK FCN•OE/,/• -C' CAiEs LINDFRO ROUNC 15 may' ,`Y /I 'FLOC RCLME 7A'-R' ,/ 1 1 t ,-F•ROPOSED UNOERCRCUND POWER NOU1_ PROPOSED / • �fJ \ TLLCO rEGE;TnL POWER VAI..' X11 EXICT.Na + / 5 TRAVSFORMERJ l l Notes' • This Exhibit may not be to scale and may be replaced by a land survey of the Premises and I or Site once it is received by SSLP. • Setback of the Site from the Premises'boundaries shall be the distance required by the applicable governmental authorities. • Width of access road shall be the width required by the applicable governmental authorities,including police and fire departments. • The type,number and mounting positions and locations of antennas and transmission lines,if depicted,are illustrative only.Actual types,numbers,mounting positions may vary from what is shown above. kA Belfair.SEOM570 STATE OF COUNTY OF her,ebv, certify that I kno or have satisfactory evidence that Icku 5ago is the person(s)who appeared be re me and said person (a)acknowledged that J-h"signed this instrument and acknowledged it to be }f,:.✓ free and voluntary act for the uses and purposes mentioned In this instrument. TEDu- : A NotPublic in and for the tale of residing at 1 c. My appointment expires, l� -��� ii Jli� STATE OF t COUNTY OF I hereby certify that I know, or have satisfactory evidence that is the person (s) who appeared before me and said person (s) acknowledged that( he signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in this instrument. DATED: Notary Public In and for the State of residing at My appointment expires: STATE OF COUNTY OF I hereby certify that I know, or have satisfactory evidence that is the person (s)who appeared before me and said person (s) acknowledged that ( he signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in this instrument_ DATED: Notary Public in and for the State of residing at My appointment expires: I State of lif/�h ounty of On this day of A.D. 20L2r A Notary Public in and for the State of duly commissioned and sworn personally appeared and to me known to be the Q P,� and ere y,respectively of the-sar-pem that executed tIfforegoini inst ent, and acknowledged the said instruM t to be fre voluntary act and deed of said or,the uses and purposes therein mentioned, and on oath stated that he authorized to execute the said instrument and t is WITNESS my hand and official seal hereto affixed w=Nal iar_ r the day and year in this certificate above written. �;ems, •��_••;� �r PU G Notary Public in and for the state o r� 2g «�. a Residing ar °/ � Cf'! My commission Expires PLEASE PLACE NOTARY STAMP/SEAL ABOVE THIS LINE. (NOTARYSTAMP/SEAL MUST NOT B+E PLACED IN THE MARGINS) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��KVi.•iLIG�'wR1X4RI1'J'1.1Y9f_:!. W_Y�:r.�9lT.9Y�f11`•�._'=I.5Q.4"Jl��i k --,:�A'f/fM'!y/lP-'KfO::{fi5s.��yR�R.K6�:M.�MAYGfOA1d Y $ State of al' r County of lame On before me,Ravi M. D o NotaPublic,personally appeared, Ga Ya t,personally known to me to be the person whose name is subscribed to the within y 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. y� DAVID YIkM mto WITNESS my hand and o' is s COrrI fusion/1347314 NWAq�-c. „w. Signatur f Notary I i Place notary seal above ----------------------------------------------- Optional ----------------------------------------------- ugh the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document a Title or Type of Document: SE013 Document Date: Number of Pages: J Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer: Signcr's Name: Ga L Y ❑Individual ®Corporate Officer—Tit le e(s): Direct W —estern Region ❑Partner- ❑Limited ❑General []Attorney in Fact ❑Trustee ❑Guardian or Conservator s ❑Other: F Signer Is Representing_ PCS SITE AGREEMENT t ) ! Site Address .L�j Suite Name_ c t A$Or WIN-%WL IAL LFIIsE ISACOW 1. Premises and Use. Owner leases to Majoras L. P., a flelaware hmifed 11. Termilhation, iALP may lelminate this Agreement at any time by not, partnership ('MLP'), d/bla Sprint Telecon-unica lions Venture, Ine site to Owner without further liability if MLP does not obtain all permits of oil desc lied below. approvals (collectively, 'approval'f required from any oovernmenlal autho, '> asments req or any ee uired from any triro catty to operalt:the PCS system. Address f any Such approval is canceler expires Or is rvdhtrawn 0! terminate., c p:pprrare...,;es Owner fails 10 ha:c oro;>n:owners`.r_ o`.the Site O: aulr,ority ie enter ;-,T r KRea':r oe.^,y co::`:=;'' c`a,xoxim^:tly ` 0 e=_::c'�'fee v` Agreement.or it htLP,to: any olncr reason, ,n is sole discretion.deternrr Jull ang,nterio soa__ccns,s:.n9 0(approx,mately square feet, that it will be unable:J use the Bile for it,, inlenpej purpose.Upon lemrame ry �ioifc„�er:leridr s:S:.e a aifacnmen;of antennas, all prepaio rent sr,all be retained b> Owner. Buit�rn4 exleric(sC-z=e for pia:e:nent of base Sro:r3n 6quipmenl. �.Tower anlenn:.sonic. 12. Detault. H either party is ;n oefaua under tors AQreEmenl for a pervr? Space antenna p cc. ills to connect PCS equ:O-lent and antennas, (a) 10 days foSlc•:vrnG receipt of notice f.-Om the non-defaulting party v- Ice re n(5) tespect to a defau::which n!ay be curer sola!v by the paprnent of money. shover. on Exn,e:: A, to?ether wa.'i a ncn•excius,vc easement for (b) 30 days IOIICWing receipt Of 1101icA� from the non-defaulting pary r• 'easo-cable access tne-ete and to the apprOpiiate• in the discretion of MLP, respect to a delault whlca may not Ce cured solely by the payment of rr,on source of electric onC tele:iione facilities.The Site rvil:be used Oy MLP for;he then, an either e•:enl, the non-eefaulring pary may pursue any reme_ purpose o' lnsiallin;, ren'.civing. replavng, main:a`.ning and operaling, at its available to it aca nsi the oetaulling party undel aWica:•k law, including,: expense a personal communications service system facility ('P(-':i). not limiled 10. th2 tight to terminate this Agreement It the non-mone:t including.without limitation, relateo antenna egvipmen: and fixtures MLP will default may not reasonably be cured within a 30 day period. this Agreemc use the Site in a manner which will nor unreasonably disturb the occupancy Of may not he terminated if the defaulting party commences action to cure l Owner's other tenants, default within such 30 day period and proceeds with due diligence to fully c-. 2. Term. The term of this Agreement (the 'Initial Term) is five years, the default, commencing on the date{"Commencement Dale)MLP signs this Agreement. 13. Indemnity,gwner and MLP each indemnifies the Other against and hol This Agreement will be automatically renewed for four additional terms (each the other harmless from any and all casts (including reasonable miorne a'Renewal Tenor)of five years each, unless MLP provides n Owner notice of fees) and claims of liability or loss which arise out Of the use and: intention not to renew not less than 90 days prior l0 the expiration o.the initial occupancy of the Site by the indemnifying party. This indemnity does : Term or any Renewal Term. apply to any clams arising from the sole negligence or intentional miscond 3. Rent. Rent will be paid annually in advance beginning on the of the indemnified parly. Commencement Dote and on each anniversary of it.Unlit the earller of(a)the 14. Hazardous Substances. Owner represents thEl it has no xnowledgu date which is 30 days a`ter the issuance of a building permit for installation Of any substance.chemical or waste(collectively,'substance-)on the Site tha! the PCS.Or(b)the first day of the month 1pttowing comnlenCkir*nt of physical identified as hazardous,toxic or dangerous in any applicable federal,state preparation of the Site, the rent will be the rerriot of which Owner local taw or regulation.MLP shall not introduce or use any such substance acknowledges. Thereafter the annual rent will be S _ the Site in violation of any applicable law, partial years to be prorated. The annual rent for each Renewal Term will be 15. Miscellaneous. (a) This Agreement applies to and binds the hei the annual rent in effect for the final year of the Initial Term or prior Renewal successors, executors. administralors and assigns of the parties to L Term,as the case may be.increased by Agreement;(b) This Agreement is governed by the laws of the State in whi 4. Title and Quiet Possession, Owner represents and agrees (a) that it is the Site is located; (c) if requested by MLP, Owner agrees prOmplly the owner of the Sim (b)that ,i has the right to enter into this Agreement; execute and deliver 10 MLP a recordable Memorandum of this Agreemen; (c)that the person signing this Agreemen) has the authority to sign; (d)that the loran of Exhibit B,(d) This Agreement (including the Exhibits) conslalu•. MLP Is entitled t0 access to the Sale at 21 times and to the quiet possession of the entire agreement between the parties and Sul eisedes all prior written a the Site throughout the Initairt Term and each Renewal Term so Ong as MLP verbal agreements. representations, promises or understandings between I is not in default beyond the expiration of any cure period;and (e)that Owner parties.Any amendments to this Agreement roust be in writing and execu; shall not have unsuperviSed access to the Site or to the PCS equipment. by both parties: (e) it any provision of Ibis Agreement is invalid 5. AssignmentiSubletting, MLP will not assign or transfer this A�reemenl or unenforceable with respect to any party, the remainder Of this Agreement sublet all or any portion of the Site without the prior written consent of Owner. the application of such provision to persons other than those as to whom ii which consent will not be unreasonably withheld, delayed Or conditioned! held invalid or unenforceable, will not be affected ano each provision Of V Provided. however. iALP may assign or sublet without Owner's prior written Agreement will be valid and enforceable to the fullest extent permitted by lt- consent to any party controlling.Controlled by or under common control with and (f) The prevailing party in any action or prOGeebing in court or mulua MLP or to any party which acquires substantially ail of the assets of rdL P. agreed upon arbitration proceeding to enforce the rer.ns of this Agieemc:i= entitled to receive Rs reasonable attorneys' fees and other ieasonz 6. Notices.An notices anus;be in writing and are effective whey depesiled in enforcement costs and expenses from the non-pfe4ail:::-arty. the U.S. mail, certifier and postage prepaid, o; when sen; via Overnight The follor:in ERr,iCi;s are attached to ano made a pan or : delivery,to the adOress se:forth Lelov:,or as otherwise provided by law 9 A. E 8.1. z 7.improvements.iALP f.�6;.di ,'s expense.naeie:,u.n impf:wernents on the F,�r�e"ten;: i=xr•:_: E o!:E 25 a:OE""ls ne.esao , frt:.:.:-It ;: .:-.e k::he C`ve:a;io c:x - : stet !. ,:uetes5,ace dr datz ^ruin ca':ars. U:rrer a_'ets !� cn�pe:at: T--- :h witn-.es, ;a n.r ar co_,rrry z:-.r. a: ,as, r I.-.e B • , x 'a:,an of :ors Acree;re^l. ) — en" s•JJ:r improvements. 'Jaen �rminaa.n o: e a" _ ?ALP may remove r.5 egwa"Wn;and i ip avomena an',will festo:e:ne Site V -ti,— :he condition e>.istiae on :he Co�-•�:ncement Daze except for o;o,ra:y wear F^_tear r, E. Compliance with Laws. f :e: :ep'ea0:,:5 ;:.a; G::'•e:s art pert. Aac see �v ,�� „nciuc.ric the Srer. an� al' rrrpre emen;s lacered ;neuron 2'e it subs.an:ial � C: La::'Blicn;.t v.'alh Duli�;rig t:fE.'Seh;)'. C Sabrlily old .-:er la.a codes an, - 0 •'a I1- ^'.- ^le ^3�'E rr�"14?.9r oath�nUeS JI.�� v:?- c_^51an,aL i,}- ro,_ ��� •E' i...s �` ate., _a . n� a --)rnal•t vn:r.all 6ppLG9�:E!sw&rela:i'•g SJ its QOSsessiLr and:rse:'''tit Site S. Interference M---LP red: *CSOIa: !Cc`nrca; in:e"e;cnce prob:e-•s witn Omer 6nA10RC: '. a,a Dela^ar,- ;-.wed panne'Fn:r eouip.-neni located a;the Site;,n:he Cornmence.m,;I;irate o any eciuipmem G -�1_�• �' :r,at becomes atlacheo 0 1're Silt at any future ds:e v.-hen MLP desues to and y t- additional equipment to the Sale Livewise. Owner will n01 permit Ine installation of any future equipmen: which results in lechni"I Mterference Addrers HC&Cam. d 3 y (A t+ prOblems with MLP's then existing equipment. FS,rlCVacr►� �Sso�=i Date. 10 Utilities. a"' -' ,n �rCC 7� yY i CJ"•:...direr of[r.vn�r. M_r' q tl��flC �d y 5-wr�eperte will pay to,as v-,iii:ies uaed oy i,a!Iht Silt: av:r,er will `a 5,'� 1 L ✓Overo;e with IJILP in I&P's 0ons to obtain utilities irarn art, IocallOn 1 IIJJi 1�j�f 11V11 -•avrZt; by Owner a:ne servicing utility. Dare 112f✓46 -- trers:3rr 2.0 -- Sea:; CIibpDf vq"fvi .fast ro-coI I- - - - — -- 1 EXHIBIT A site Name -S�,1nriv� S Pc5 Site Agreement Site 1.D. l�)E T y c�- o Site Description rR situated in the City of County of '�`f 1Q5� "ti .State of 1a1c�S�r;� ice• commonly Site described as Sketch of Site: r ; i �.:r� IN A4 t(at 4%A:-.)P y S Owner Initials C r,ALP Initials 's'IL— qr Note:Owner agrees that MLP may,at MLP S option,supplement this Exhibit with an exhibit setting forth the legal description of the property on which the She i located and/or an ar, uill drawing depicting the Site. Q Legal devilption follows immediately Date•IRW6 version 2 0 Se art EXHIBIT A site Home 6�`�5��� 5`'ye-- - PCS Site Agreement, site I.0. Site Description Legal Description of Prop": Order No. 71335 1 All that portion.of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of Section twentyyone (21), Townshipp tweetythree (23) North, Range one (1) West W.-M.,- lying .South� of the North 770 feet thereof and Northwesterly of the Nort6esterly right-of-way line of State Route No: 3 (as it existed February 5, 1946)', ap& lying Easterly of the Easterly railroad right-of-way line; exceptingtherefrom right-of-way for State Route No. 3 including that portion conveyed to the State of Washington by instrument recorded February 9, 1979, Auditor's File No. 356963. Parcel No. 12321 34 00030. Date.112"a Version 2.0 Sear CIihPDF -w:w Jastio.com G25 r 64 EXHIBIT B Site Nerve 'S e� PCS Site Agreement. Site I.D.wa'S� 43c1f Memorandum of PCS Site Agreement This memorandum evidences that a lease was made and entered into by written PCS Site gr P mant dated \ limited,partnership 19�, between � -'^st••� ('O ('MLP'),dbla Sprint Telecommunications Venture.the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner oases to MLP a certain site ('Site') located nty o �`T ' of owner which is described in Exhibit 6.1 ►'�`+/ c,,(, , Slate of l L-cg,_i ► within the pro attached hereto, with grant of easement for unrestnd rights of access thereto and to electric and telephone facilities for a term of rive(5)years commencing on Je2_which term is subject to four(4)additional rive(5)year extension periods by MLP_ 1N WITNESS WHEREOF,the parties have executed this Memorandum as of the day and year first above written. Ni AFFIDAV1y Wk Itm"jj%Ta iyx EXEMPT EXEMPT APR 2 3 1996 "OVYNER" "MLP" DORENE RAE MajorCo,L.P.,a Delaware limited partnership Trees.,Mason COurit By: a�IC +In le.A n By:, Name: .n Name: Title: Title: I ],Yi•,�,r� ae M� - Q Address: Address: N f .d Continuation of owner signatures follows immediately AFTER RECORDING RETURN TO: Owner Initials i r �I SPRINT SPECTRUM 11000 ATE 33RD PL #200 MLP Initials 'BELLEVUE WA 98004 ATTN: DOUG eG 23 r i1 3 �* � I r• f1 /( • � SeaBte �atr,:t/1596 version 2.0 EXHIBIT B • � T. yZc� PCS Site Agreement Site 1.D. 0�2 Site Name�—'L_.;�4--� Q Memorandum of PCS Site Agreement Continuation of Owner Signatures `OWNER': 'OWNER'. ey `Io In.n S By.�-- --- Its. Its' S.S.rrax No.' S,S.rrax N0.7 __ By Its: S.Slrax No.: S.SJrax No.:_ By- It's: Its_ 5,S.rTax No.: — S.SJTax No-:— owner Initials U P Initials — 0RiC A { Seatlle Version?.0 Da(p:112"6 0 '/t yy Q REEL I �� FR 10 b Site Marne �_)(i h j�� e Exhibit BA Site 1.D. Memorandum of PCS Site Agreement: Lq©al Description of Property (regal Description of Property? All that portion of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of Section twentyone (21), Township twentythree (23) North, Range one (1.) West, W.M., lying South of the North 770 feet thereof and Northwesterly of the Northwesterly'.right-of-way line of State Route No. 3 (as it existed February 5, 1946), and lying Easterly of the, Easterly railroad right-of-way line; 9xcceepttiin�g therefrom right-of-Wray for State Route' No. 3 including that portion conveyed to the State of Washington by instrument recorded February 9, 1979, Auditor's File No. 356963. Parcel No. 173Z1 34 00030. ORIGINAL Oa re. Version 2.7 S e Exhi� @12 "� j ^p � site t.D. Q�"a C,-0 - t;�3 Site Name �:hra:;. �tc� I- _ FP, 0 Memoranaum of.PCS Site Agreement, Notary of Signatures INDIVIDUAL-SINGLE P STATE OF _ COUNTY OF I certify that I know or have satisfactory evidence that 1. fi. 1� 2,f'' is the person who appeare before me, and said person acknowledged That said persons ed this ins men and ac nnowledged it to be said person's fre and voluntary act for the uses and purposes mentioned in the instrument. Dated this �4tiay of 199 :r�`y;�o ii ;1r•, Al (A1�1 °,1 �f11�A1; SEAL) QOFIAL NOTARY SIGNATURE) i ; o r* G X NOTARY PUBLIC—STATE OF y PuaV &, My uumm+ssion expires- � 7 9-/ {P�JNPT�EVTYP�EDOA����UEOF OTARY) COMMISSION NUMBER STATE OF ltV COUNTY OF KA certify that I know or have satisfactory evidence that is the person who appear before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorize to execute the instrument and acknowledged it as the authorized employee of Majorco, L.f., a Delaware limited partnership, to I the free and volunta act of such limited partnership for the uses and purposes mentioned in the instrument. oboe of f � 5t Et.% �L �ATI *0TAgpl=je��tN�jaTA%AL p` (O- =ICIARE} 0�A%— lBL1 �.;�2 NC`,RYPUaLIC—STA7E'�F t�I/Vt 9 � 1��U~ OF WASH\ CO My commi5s+oe expires' { I o �� (PR;NTED,TYPED OR STAMPED NAME OF NOIARY) COI.!AISSION NUMBER ORIGINAL Date 7n7/96 - Ve's,c^ 1 0 Seal: Exhl 1`� Site I.D. IFS` - U 0 — t�-3 5ile Nam "'� } Memorandum of,PCS Site Agreement: Notary of Signatures INDIVIDUAL-SINGLE STATE OF COUNTY OF I certify that I know or have satisfactory evidence that `s}, 11�_ Is the person who appeare before me, and said person acknowledged that ns id d n the i gt d IlF t i trument and acknowledged it to be said person's fre and voluntary act for the uses and purposes /m7en e Dated this � day of�+ �+r Q p�_ t�!6 ice'. {AFIX�JTIo1L SEAS) {OFFICIAL NOTARY SI�AfE) \J o NOTARY PUpL1�57 , _/ 4� / My commissi Tres; 3 "aC (PRINTED.TYPED OR STAMPED NWE OFNOTARY) COMMISSION NUMBER, STATE OF COUNTY OF I certify that I know or hav satisfactory evidence that is the person who appear before me, and said person acknowle ed that said person signed this instrument, on oath stated that said person was authori2 to execute the instrument and acknowl ed it as the authorized employee of Ma)-orco, L.P., a Delaware limited partnership. to the free and voluntary act of such limited nership for the uses and purposes mentioned in the instrument. Dated this day of 199^ (AFFIX NOTARIAL SEAIyI co �IGtRt NOTARY 51^�HTur'=) TARY PUBLIC—STATE C'- My cpmmissron expires- WRINTED.TYPPQ OR.STAI,JPI-D NAME OF NOTARY; T COMMISSION NUI.NR _ H i Sea: Date 1/17/96�_^ � Vers;on r 0 Exhibit B.2 � � �1 ( ',� D �y iFS� • �- ? c� c�3 isNarne tir���� .� p I Memoranaum of PCS Site Agreement: Notary of Signatures INDIVIDUAL.SINGLE a TATEOF WASh ' N_ �� N .AUNTY OF I certify that I know or have satisfactory evidence that����insetrur�nento.l'�nl S� aperson who appearec ,tore me. and said person acknowledged that said person signedthind acknowledged it to be said person's free ,)d voluntary act for the uses and purposes mentioned In the instrument. Dated this . 1&T-�ay of AP,c (AFFIX.NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF r �p1i+v W L� . o 9 �-7 —_ 97 (PRINTED,TYPED OR STAMPED NAME of O7ARY) 4 l f O F COMMISSION NUMBER: ;TATE OF 'OUNTY OF I certify that I know or ha satisfactory evidence that is the person who appeare )efore me, and said person acknowl ed that said person signed this Instrument, on oath state that said person was authorize o execute the instrument and acknowl ed it as the.authorized employee of Majoreo, L.P., a Delaware limited partnership, to b he free and voluntary act of such limited rtnership for the uses and purposes mentioned in the instrument. Dated this day of 99� (AFFIX NOTARIAL SEAL) \\K(OFFICIALOTARY SIGNATURE) BLIC- STATE OF filly commission expires (PRINTED.T ED OR STAMPED NAME QF NOTARY) COMMISSION N BER ✓afe-1/77/96 Version 1 0 Seafl ExhibitP I site Name. K-L F Memoranam of RCS Site Agreement: Notary ar ignatures INDIVIDUAL-SINGLE STATE OF r. COUNTY OF I certify that i know or have satisfactory evidence that L PA) j . _ —T!-2 AAA SQpI is the person who appearec before me, and said person acknowledged that said person signed this instrument and acknowledged it to be said person's free and voluntary act for the uses and purposes mentioned in the instrument. Dated this day of It` '1���v�A'iRtri••��y ,� gfAL SEAL) (OFFICUU.,NOTARY SIGNATURE) u D 1� o r NOTARY PUBLIC—STATE OF .r , ., .• /"� f>�'P My commission expires: ] - � f ( T D,TYPED OR STAMPED NAME bF NOTARY) COMMISSION NUMBER: STATE OF COUNTY OF I certify that I know or have satisfa ry evidence that is the person who appeare before me, and said person acknowledged tha aid person signed this instrument, on oath state tat said person was authorize to execute the instrument and acknowledged it a e authorized employee of Majorco, L.P., a Delaware limited partnership, to t the free and voluntary act of such limited partnersh for the uses and purposes mentioned in the instrument Dated this day of 199 , (AFFIX NOTARIAL. SEAL) XNOTARYUBI-IC—STATE GNATURE) OF T My commis5ion expires- (PRINTED,TYPED OR'SZkWED NAME OF NCTARYI COMMI55101;NUMBER' Date 1/17/96 � L �+ Version 10 T�t Sean CIibPDF - vvvpw-f-,stiu7c-a111