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HomeMy WebLinkAbout005-97 - Crown Castle - Contract200208300392 This instrument prepared by after recording, please return to: After recording, please return to: First American Title Insurance Company 7370 College Parkway, Suite 104 Ft. Myers, FL 33907 Attn: Carolyn Wright I�IIII I�I�� IIII� I���I �II�If IIIII �II��I fIl ��I�I III I��I F�`r 1 �t �t NF1, L bF' FIRST AMERICAN TITLE INS RGMT sE.3.06 KitsaF, Ca, IIA OCT 0 7 2002 CITY OF PORT ORCHARD PUBLIC WORKS AGREEMENT AND MEMORANDUM OF LEASE Grantor (Landlord): CITY OF PORT ORCHARD Grantee (Tenant): CROWN CASTLE GT COMPANY LLC Legal Description (abbreviated): Section 34, Township 24N Range I Additional legal description shown on Exhibit A Assessor's Tax Parcel ID#: 342401-3-015-2004 Reference Nos. of Documents Released or Assigned: Exhibits B and C AGREEMENT made the -2 day of 7i ,zQe. , 2002, between CITY OF PORT ORCHARD, a Washington municipal corporation, with a mailing address at Attn: Larry Curles, 216 Prospect Street, Port Orchard, Washington, 98366, hereinafter referred to as "Landlord," and Crown Castle GT Company LLC, a Delaware limited liability company, with its principal offices at 2000 Corporate Drive, Canonsburg, Pennsylvania, 15317, hereinafter referred to as "Tenant." WITNESSETH: WHEREAS, Landlord entered into an Option and Lease Agreement for Telecommunications Site (the "Lease"), with GTE MOBILNET INCORPORATED, a Delaware corporation, with a mailing address at c/o Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey, 07921, as tenant, dated September 15, 1997, for the lease of the premises described in Exhibit A attached hereto, which Lease is incorporated herein by reference as if the same were herein set forth at length; WHEREAS, GTE Wireless Incorporated, a Delaware corporation (f/k/a GTE Mobilnet Incorporation), transferred its interest in the Lease to GTE Wireless of the Pa�coiporated, a wA0217 1 Ir11t1a1S PORT ORCHARD 815695 Delaware corporation, by an assignment dated January 31, 2000, a copy of which is attached hereto and incorporated herein as Exhibit B; WHEREAS, GTE Wireless of the Pacific Incorporated, a Delaware corporation, assigned its interest in the Lease to Tenant by Assignment and Assumption Agreement dated January 31, 2000, a copy of which is attached hereto and incorporated herein as Exhibit C; and WHEREAS, Landlord and Tenant desire to approve, acknowledge, and make record of the above, NOW, THEREFORE, Landlord and Tenant hereby agree to the terms of the foregoing recitals and further agree to cause this instrument, including the following Memorandum of Lease, to be put of record in the real property records of the County in which the Property is located. MEMORANDUM OF LEASE KNOW ALL PERSONS BY THESE PRESENTS that Landlord and GTE Mobilnet Incorporated, a Delaware corporation, are parties to that certain Lease, dated September 15, 1997 and commencing on September 16, 1997, (the "Commencement Date") containing the following terms and conditions: Landlord: City of Port Orchard, a Washington municipal corporation, with an address at Attn: Larry Curles, 216 Prospect Street, Port Orchard, Washington 98366. Tenant: Crown Castle GT Company LLC, a Delaware limited liability company, with its principal offices at 2000 Corporate Drive, Canonsburg, Pennsylvania, 15317, as successor -in —interest to GTE Mobilnet Incorporated. Leased Premises: The real property leased by Landlord to Tenant is described in Exhibit A attached to this Memorandum of Lease and incorporated herein by this reference, together with a right- of-way and easement extending to Tenant's Communications Facility for ingress and egress, seven days WA0217 PORT ORCHARD 815695 200208300392 Page: 2 Of 26 N�'�t ,P FIRST AMERICAN TITLE INS AGHT C .NN Kitsap CO, OR Initials vehicle, including trucks, including the right to install, replace and maintain utility wires, poles, cables, conduits, pipes and gates, all as further described in Exhibit A. Initial Lease Term: For a term of five (5) years, beginning on the Commencement Date described above. Expiration Date: If not otherwise extended or renewed, the Lease shall expire on September 15, 2002. Rights to Extend or Renew: Tenant has the right to extend/renew the Lease as follows: five (5) options to extend the Initial Term for periods of five (5) years each on the terms and conditions set forth in the Lease. If all extensions/renewals are exercised by the Tenant, the final expiration of the Lease will occur September 15, 2027. Option to Purchase: No Right of First Refusal: No This Memorandum of Lease will be recorded in the applicable county real property records and is intended to provide record notice of the Lease and any and all amendments to the Lease through the date hereof. The Lease and any and all amendments thereto contain terms and conditions in addition to those set forth in this Memorandum of Lease. This Memorandum of Lease is not intended to amend or modify the terms and conditions of the Lease or of any amendments thereto. To the extent that the terms and conditions of this Memorandum of Lease differ from the terms and conditions of the Lease and/or any amendments thereto, the terns and conditions of the Lease and/or any amendments thereto shall govern and prevail. Capitalized terms not otherwise defined herein shall have the meaning defined in the Lease and/or any amendments thereto. A copy of the Lease and any amendments thereto is kept at Tenant's place of business, at the address noted above. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease to be effective as of the Commencement Date. [Remainder of page intentionally left blank] WA0217 PORT ORCHARD 815695 Signed, Sealed and Delivered LANDLO in the Presence of: By: &47--:7� Print Name: Leslie J. Weatherill Print Title: Mayor ACKNOWLEDGMENT STATE OF Washington ss. COUNTY OF Kitsap On this 17th day of June 9 2002 , before me personally appeared Leslie J. Weatherill , to me known to be the Mayor of the City of Port Orchard that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that [he/she] was authorized to execute said instrument. In witness whereof I have hereunder set my hand and affixed my official seal the day and year first above written. P_rRICIA 7ZZ) • �d� %ti �� Print name: Patricia E . Parks m n 'a °• NOTARY PUBLIC in and for the State of, �t9 Washington residing at Port Orchard � My appointment expires April 4, 2004 ��ll ���� '•t�ING10N ••• � ,,yy II Page:00208300392 I I I NN� , FIRST AP1EkIGHN TITLE INS HGMT ���.NN Kit.sNF-Wh � �}t�F 4 AlnLitials WA0217 PORT ORCHARD 815695 Signed, Sealed and Delivered TENANT: in the Presence of: CROWN CASTLE GT COMPANY LLC, a Delaware limited Liability Company, successor in inte eQt tonhe original tenant under the Lease Slmm "IN Print Title: Vice President ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF WASHINGTON ) S� On this �� day of � o o) , before me personally appeared Robert D. Ward, to me known to Vice President of CROWN CASTLE GT COMPANY LLC, a Delaware limited liability company, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunder set my hand and affixed my official seal the day and year first above written. v yn..0 tit STJ/154335.2 �'•' WA0217 PORT ORCHARD 815695 Print name:.&t/i Lee i., Vaz v w I'c-k'i NOTARY PUBLIC in and for the State of Pennsylvania, residing at iQ i a-, �, �, (Gu ', j'y My appointment expires % j —a I, Notarial Seal Kathleen L Krzywicki, Notary Public Cecil Twp., Washington Cotimy My Commission Expires 2, 7002 Mr?mbar fir: ai 1'it 200208300392 Page_ ` of 26 Gc' .N, 02 Nc 46F FIRST AMERICAN TITLE INS AGMT 0.60 Kitsap Co, WA Exhibit A (WA0217 — Pori Orcliard) All that tract or parcel of land situated in Section 34, Township 24, North, Range I East W.M. Beginning at the Southwest corner of said section which is the true point of beginning; thence North along the West line of said section to the Northwest corner of the Southwest quarter of the Southwest quarter; thence easterly along the North line of the Southwest quarter of the Southwest Quarter 800 feet. Thence southerly along a line parallel to the West line said Southwest quarter800 feet; thence easterly along a line parallel to the south line Section 34 until it intersects with the West margin of Old Clifton Road; thence southwesterly along the West margin of old Clifton Road until it intersects with the South line of said section; thence westerly along the South line of the said section to the TRUE POINT OF BEGINNING. 200208300392 Page: 6 of 26 FIRST AMERIC•AN TITLE IN8 AGMT J&s.NN Kitsap Co, WA d 10648956 vI - WA -0196 - 0217 Legals \VA0217 - Port orchard Section I I County, Washington ATLOI/10648856vl Exhibit B Return Address: Robert D. Ward, Esq. Downs Rachlin & Martin PLLC 90 Prospect Street PO Box 99 `St. Johnsbury, VT 05819-0099 Phone: (802) 748-8324 Fax: (802) 748-8502 ASSIGNMENT AND ASSUMPTION AGREEMENT Reference numbers of related documents: on Exhibit B attached to the document Grantor: GTE WIRELESS INCORPORATED, A DELAWARE CORPORATION (FWA GTE MOBILNET INCORPORATED) Grantee: GTE WIRELESS OF THE PACIFIC INCORPORATED, A DELAWARE CORPORATION Legal Description: Additional legal description is on Exhibit A to the document Assessor's Property Tax Parcel Account Number(s): _�y shy o I 3 -- o i S II 200208300392 page_ of 2f.,.. t,F FIRST ANERIGAN TITLE INS AGN $,c .00 Kitsap�Co, 14A ` I Washington Corrective Assignment and Assumption (Corporation) ATLO1/10673933v1 PORT ORCHARD, WA0217 Recording requested By and When Recorded Mail tn- Robert D. Ward, Esq. Downs Rachlin & Martin PLLC 90 Prospect Street PO Box 99 St. Johnsbury, VT 05819-0099 Phone: (802) 748-8324 Fax: (802) 748-8502 STATE OF WASHINGTON ) COUNTY OF KITSAP ) Cross References See Exhibit B attached ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Assignment") is made effective and entered into as of the 31st day of January, 2000, by and between GTE WIRELESS INCORPORATED, A DELAWARE CORPORATION (FWA GTE MOBILNET INCORPORATED), with its principal offices located at c/o GTE Wireless Incorporated, One GTE Place, Alpharetta, GA 30004 (the "Assignor"), and GTE WIRELESS OF THE PACIFIC INCORPORATED, a Delaware corporation, with its principal office at One GTE Place, Alpharetta, Georgia 30004 (the "Assignee"). WITNESSETH WHEREAS, Assignor desires to assign and Assignee desires to accept and acquire that certain site lease, license, easement or similar agreement more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Site Lease"), and affecting the -2- Washington Corrective Assignment and Assumption (Corporation) ATLOl/10673983v1 PORT ORCHARD, WA0217 property and/or the premises more particularly described on Exhibit A-1 attached hereto and incorporated herein by this reference; WHEREAS, if recorded, the Site Lease is evidenced of record as more particularly described on Exhibit B attached hereto and incorporated herein by this reference; WHEREAS, Assignor as lessor, landlord or licensor has leased or licensed tower space on a telecommunications tower and/or ground space to the lessee(s), tenant(s) or licensee(s) described in that certain lease or license agreement(s) more particularly described on Exhibit C attached hereto and incorporated herein by this reference (the "Tower Lease(s)"); WHEREAS, Assignor agreed to grant, contribute, convey, assign, transfer and deliver to Assignee, and Assignee agreed to accept and acquire the Site Lease and the Tower Lease(s) and to assume the Site Lease and the Tower Lease(s),- NOW, THEREFORE, Assignor, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby unconditionally grant, sell, convey, assign, transfer, set over and deliver all of its right, title and interest in and to the Site Lease and the Tower Lease(s) unto Assignee without representation or warranty: Assignee hereby accepts such assignment and agrees to assume the obligations of Assignor that arise out of the Site Lease and Tower Lease(s); IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the day and year first written above. [remainder of page intentionally left blank; signature pages for both Assignor and Assignee follow] I 200208300392 I page: 4 Of 26 I &"' , FIRST AMERICAN TITLE INS AGMT $eMe Kit.sap'`CO, 148 ` 4t,F' -3- ATLO1/10673983vl Washington Corrective Assignment and Assumption (Corporation) PORT ORCHARD, WA0217 Signature Page for Assignment and Assumption Agreement ASSIGNOR: GTE WIRELESS INCORPORATED, A DELAWARE CORPORATION (FWA GTE MOBILNET INCORPORATED) Name: Jr '•,� ��. ,+,� Title: ---:-;d 1:�nninc Attest: Name: Title: BaleS.Niciti - . ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF FULTON [Corporate Seal] III a Notary PuWic iD a(�d \fof s d County, in said State hereby certify t and • `t C, whose name as Le 'r and of GTE ire ess Incorporated, a Delaware corporation (f/k/a GTE Mobilnet Incorporated) ( he "corporation"), are signed to the foregoing Assignment and Assumption Agreement, an o are personally known to me, acknowledged before me this date, that being informed of the contents of the Assignment and Assumption Agreement, each of them, as such officers, with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal thia=, ► day of January, 200A. Notary Public My commission expires: 15- a 0 0 0 [Notarial Stamp/Seal] 200208300392 IIIIII IIIII IIIII IIIII IIIIII IIIII IIIIII INwPa1N Gtf N8;'aN;''6dc Nc : 46F' FIRST AMERICAN TITLE INS AGMT $63.6N Kitsnp CO, ldA -4- Washington Corrective Assignment and Assumption (Corporation) ATLOl/10673983v1 PORT ORCHARD, WA0217 Signature Page for Assignment and Assumption Agreement ASSIGNEE: GTE WIRELESS OF THE PACIFIC INCORPORATED, a Delaware corporation By: L Name: Title: ti``", n; �.y, a -... , r„ Attest: �2 Name: Title: ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF FULTON [Corporate Seal] I, _ C . a Notary Rub 'c and for s id County, in said State, hereby Tl a d = L owhose name as Cc-sl d' of GTE Wire of the Pacific Incorporated (the "corporation"), are signed to the foregoing Ass gnment and Assumption Agreement, and who are personally known to me, acknowledged be ore me this date, that being informed of the contents of the Assignment and Assumption Agreement, each of them, as such officers, with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal thisD, `day of January, 200A "aoe�� • Notary Public My commission expires: �o�' �5- 01 6 Q b [Notarial Stamp/Seal] 200208300392 t page 11 of CH 11111 FIRST AMERICAN TITLE INS AGMT Kit.sap CO, WA -5- AT LO 1 /10673983 v 1 Washington Corrective Assignment and Assumption (Corporation) PORT ORCHARD. WA0217 EXHIBIT A Site Lease Description q11 S-19-7 Lease Instrument dated 1pdy�by City of Port Orchard, a Washington municipal corporation, as Lessor and GTE Wireless Incorporated, a Delaware corporation (f/k/a GTE Mobilnet . Incorporated), or its predecessors, as Lessee (as the same may have been heretofore amended or assigned). 200208300392 Page 1c Of c6 FIRST RMERICRN TITLE INS WIT .60 Kit.sNp CNE WfiN` 46F Oj Washington Corrective Assignment and Assumption (Corporation) ATLO1/10673983v1 PORT ORCHARD, WA0217 EXHIBIT Al (WA0217 — Port Orchard) All that tract or parcel of land situated in Section 34, Township 24, North, Range 1 East W.M. Beginning at the Southwest corner of said section which is the true point of beginning, thence North along the West line of said section to the Northwest corner of the Southwest quarter of the Southwest quarter; thence easterly along the North line of the Southwest quarter of the Southwest Quarter 800 feet. Thence southerly along a line parallel to the West line said Southwest quarter800 feet; thence easterly along a line parallel to the south line Section 34 until it intersects with the West margin of Old Clifton Road, thence southwesterly along the West margin of old Clifton Road until it intersects with the South line of said section; thence westerly along the South line of the said section to the TRUE POINT OF BEGINNING. IIN IIIIII III IIIIII III III FIRST AMERICAN TITLE 200208300392 Page 1c of 26 N%U N;''GH 02:46P Kitsap Co: A 910648956 vl - WA -0196 - 0217 Legals \VA0217 - Port Orchard Section 11 County, Washington ATL01/10648856v1 EXHIBIT B Recording Information of Site Lease Document dated , recorded in Kitsap County, Washington Records as follows: Book Page Document # Page: 002083t00392 1111111111111111111111111111111111111111111111111111 26 FIR"T RIERICRN TITLE INS AGMT C3.% Kitsap CNL 14R atF Washington Corrective Assignment and Assumption (Corporation) ATLO1/10673983vl PORT ORCHARD, WA0217 EXHIBIT C Co -Location Leases Initial Lease(s) dated as Initial Tenants: follows: as the same may have been heretofore amended I 200208300392 I Fat I e I f FIRST RtIEFIt.MN TITLE INS RRIT :IF-. ,N0 Kit rER? ldh-e:46F Washington Corrective Assignment and Assumption (Corporation) ATLO1/10673933v1 PORT ORCHARD, WA0217 Exhibit C Return Address: Robert D. Ward, Esq. Downs Rachlin & Martin PLLC 90 Prospect Street PO Box 99 St. Johnsbury, VT 05819-0099 Phone: (802) 748-8324 Fax: (802) 748-8502 ASSIGNMENT AND ASSUMPTION AGREEMENT Reference numbers of related documents: on Exhibit B attached to the document Grantor: GTE WIRELESS OF THE PACIFIC INCORPORATED, a Delaware corporation Grantee: CROWN CASTLE GT COMPANY LLC, a Delaware Limited Liability Company Legal Description: Additional legal description is on Exhibit A to the document Assessor's Property Tax Parcel Account Number(s): 3 y _,� y 01 .-� - 0 1 S — -�) t-a 4 200208300392 I IEI 1111111141 I11 1411 III IIIIII 11111 F yqe lb of 2: N$r'3N/'cNN� Nc4BF' FIRST AMERICAN TITLE INS RGMT jCc.NN CO, A Washington Assignment and Assumption (Corporation) ATLO1/10673593v1 PORT ORCHARD, WA0217 Recording requested By and When Recorded Mail to: Robert D. Ward, Esq. Downs Rachlin & Martin PLLC 90 Prospect Street PO Box 99 St. Johnsbury, VT 05819-0099 Phone: (802) 748-8324 Fax: (802) 748-8502 STATE OF WASHINGTON ) COUNTY OF KITSAP ) Cross Reference: See Exhibit B attached ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Assignment") is made effec+ive and entered into as of the 31st day of January, 2000, by and between GTE WIRELESS OF THE PACIFIC INCORPORATED, a Delaware corporation(succcessor in interest by assignment from GTE Wireless Incorporated f/k/a GTE Mobilnet Incorporated), with its principal offices located at c/o GTE Wireless Incorporated, One GTE Place, Alpharetta, GA 30004 (the "Assignor"), and CROWN CASTLE GT COMPANY LLC, a Delaware limited liability company, with its principal off.,�e at c/o Crown Castle International Corp., 510 Bering, Suite 500, Houston, Texas 77507 (the "Assignee"). All terms not otherwise defined herein shall be defined as set forth in that certain Formation Agreement, dated November 7, 1999, between GTE Wireless Incorporation, a Delaware corporation, the Transferring Partnerships, the Transferring Corporations, Crown Castle International Corp., a Delaware corporation, and Crown Castle GT Corp., a Delaware corporation (the "Formation Agreement"). WITNESSETH -2- ATLO1/10673593v1 Washington Assignment and Assumption (Corporation) PORT ORCHARD, WA0217 WHEREAS, Assignor desires to assign and Assignee desires to accept and acquire that certain site lease, license, easement or similar agreement more particularly described on Exhibit _A attached hereto and incorporated herein by this reference (the "Site Lease"), and affecting the property and/or the premises more particularly described on Exhibit A-1 attached hereto and incorporated herein by this reference; WHEREAS, if recorded, the Site Lease is evidenced of record as more particularly described on Exhibit B attached hereto and incorporated herein by this reference; WFMREAS, Assignor as lessor, landlord or licensor has leased or licensed tower space on a telecommunications tower and/or ground space to the lessee(s), tenant(s) or licensee(s) described in that certain lease or license agreement(s) more particularly described on Exhibit C attached hereto and incorporated herein by this reference (the "Tower Lease(s)"); WHEREAS, pursuant to the Formation Agreement, Thrasher and the Transferring Entities agreed to grant, contribute, convey, assign, transfer and deliver to Assignee, and Assignee agreed to accept and acquire the Thrasher Contributed Assets and to assume the Thrasher Assumed Liabilities, all as more fully described in the Formation Agreement, WHEREAS, the Site Lease and the Tower Lease(s) comprise a portion of the Thrasher Contributed Assets; and N ;L WHEREAS, pursuant to the Formation Agreement, Assignee has at the Initial Closing on CViro this date acquired a substantial portion of the telecommunications towers and certain related o ,- 'z,= assets of Assignor in several states in which Assignor does business, as evidenced in part by a ;z 3 Global Contribution, Bill of Sale, Assignment and Assumption (the "Global Assignment"). O z C\1 0 O "'_ "� NOW, THEREFORE, Assignor, in consideration of the premises, and other good and T' Ol .-� N CT 'z � valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does z herebyand pursuant to the Global Assignment does unconditional) rant sell convey —,assign, ( P g ) Yg transfer, set over and deliver the Site Lease and the Tower Lease(s) unto Assignee, as a portion of the Thrasher Contributed Assets, free and clear of all Encumbrances (other than Permitted Encumbrances), as the same exist on the date hereof as set forth and to the extent provided in the Formation Agreement. _z W Assignee hereby accepts such assignment and agrees to (and pursuant to the Global Assignment does) assume those Thrasher Assumed Obligations that arise out of the Site Lease and Tower Lease(s), as set forth and to the extent provided in the Formation Agreement and W Global Assignment; Assignor hereby acknowledges that the Tower Structure located on the premises demised under the Site Lease, and which comprise a portion of the Thrasher Contributed Assets, has been -3- Washington Assignment and Assumption (Corporation) ATLO1/10673593v1 PORT ORCHARD, WA0217 granted, sold, conveyed, assigned, transferred, set over and delivered to Assignee pursuant to and under the Formation Agreement and Global Assignment; and Assignee hereby acknowledges that, as of the date hereof, Assignor has located on such Tower Structure certain equipment which is more particularly described on Exhibit D attached hereto and made a part hereof (the "Assignor's Equipment"), which Assignor's Equipment comprises a portion of the Thrasher Excluded Assets. Assignee further acknowledges that notwithstanding anything contained herein to the contrary, no right, title or interest in the Thrasher Excluded Assets, including the Assignor's Equipment, is hereby transferred or assigned to Assignee and all right, title and interest in and to the same is hereby reserved by and unto Assignor. Notwithstanding anything herein to the contrary, the Thrasher Retained Liabilities are specifically excluded from the Thrasher Assumed Liabilities and shall be retained by Thrasher at and following the execution and delivery of this instrument and the Global Assignment. Neither the making nor the acceptance of this Assignment shall (1) constitute a waiver or release by any party of any liabilities, duties or obligations imposed upon a party by the terms, conditions and provisions of the Formation Agreement, including, without limitation, the representations and warranties and other provisions which the Formation Agreement provides shall survive the date hereof as limited by the survival periods stated therein or (11) enlarge, extend, restrict, limit or otherwise modify the terms, conditions and provisions of the Formation Agreement, including, without limitation, the period of survival of the representations and warranties provided for therein. Copies of the Formation Agreement, the Global Assignment and the Site Lease are on file in the offices of Assignor and Assignee. IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the day and year first written above. [remainder of page intentionally left blank; signature pages for both Assignor and Assignee follow] 11111111111111111111111111111111111111111111111111111 200208300392 Page: IS 26 OR)'3O/LJOG2`It OIL:46F FIRST RiERICAN TITLE INS RGMT 0.00 Kiisap Co, OA -4- ATLOl/10673593v1 Washington Assignment and Assumption (Corporation) PORT ORCHARD, WA0217 Signature Page for Assignment and Assumption Agreement ASSIGNOR: GTE WIRELESS OF THE PACIFIC INCORPORATED, a Delaware corporation(succcessor in interest by assignment from GTE Wireless Incorporated f/k/a GTE Mobilnet Incorporated) By: Name: .::c, r':iinlng Title: � Attest: A,_�.1_2� Name: , Title: ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF FULTON [Corporate Seal] I, I_w , a Notary Pub c i an for aid County, in said State, hereby TI i t a� whose name as ch- nd u6i f GTE Wireles f the Pacific Incorporated (the "corporation"), are signed to the foregoingnment and Assumption Agreement and who are personally known to me, acknowledged bee this date, that being informed of the contents of the Assignment and Assumption Agreement, each of them, as such officers, with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal thisd l day of ter 2000)� Notary Public My commission expires: /o?- /5- c2 00 d [Notarial Stamp/Seal] 200208300392 I NS page: `3 02:4E FIRST AMERICAN TITLE INS AGMT 0 .NN Kitsap CO, A -5- Washington Assignment and Assumption (Corporation) ATL01/10673593v1 PORT ORCHARD. WA0217 Signature Page for Assignment and Assumption Agreement ASSIGNEE: CROWN CASTLE GT COMPANY LLC, a Delaware limited liability company By: Name: EDWA D uM W T , . aT.. ER — Title: Senior Vice P,-esiden.t ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF FULTON I, th undqrsiSed a Notary Public i and fP� sa' Co nt in said State, hereby certify tha �. � �Yl1;tiZse name as Vl IG(V ic64f Crown Castle GT Company LLC, a Delaware limited liability company (the "company") is signed to the foregoing Assignment and Assumption Agreement, and who is personally known to me, acknowledged before me this date, that being informed of the contents of the Assignment and Assumption Agreement, he/she, is such officer, with full authority, executed the same voluntarily for and as the said act of the company. Given under my hand and official seal thay of 2000�. a=: -U .� Notary Public My commission expires: [Notarial Stamp/Seal] 200208300392 I Page: 21 d 26 N2 : 46F FIRST AMERICAN TITLE INS AGMT Kitsap CO, WR ATLOl/10673593v1 Washington Assignment and Assumption (Corporation) PORT ORCHARD. WA0217 EXHIBIT A Site Lease Description Lease Instrument dated 9/15/1997 by City of Port Orchard, a Washington municipal corporation, as Lessor and GTE Mobilnet Incorporated, as Lessee (as the same may have been heretofore amended or assigned). 200208300392 Page c" of 26 N�;'cNr'cNN N',46P FIRST AMERICAN TITLE INS AGMT c.NN Iitsap Co, 14A Washington Assignment and Assumption (Corporation) ATL01/106735930 PORT ORCHARD, WA0217 EXHIBIT Al (\VA0217 — Port Orchard) All that tract or parcel of land situated in Section 34, Township 24, North, Range 1 East W.M. Beginning at the Southwest corner of said section which is the true point of beginning; thence North along the West line of said section to the Northwest corner of the Southwest quarter of the Southwest quarter; thence easterly along the North line of the Southwest quarter of the Southwest Quarter 800 feet. Thence southerly along a line parallel to the West line said Southwest quarter800 feet; thence easterly along a line parallel to the south line Section 34 until it intersects with the West margin of Old Clifton Road, thence southwesterly along the West margin of old Clifton Road until it intersects with the South line of said section; thence westerly along the South line of the said section to the TRUE POINT OF BEGINNING. 200208300392 Page, 23 of 26 FIRST AMERICAN TITLE INS AGMT �c.NN KitsaF''CO3 Wry � 46F' k 10648956 vl -TWA -0196 - 0217 Legals WA0217 — Port Orchard Section 11 County, Washington ATLOI/10648856vl EXHIBIT B Recording Information of Site Lease Document dated , recorded in Kitsap County, Washington Records as follows: Book Page Document # 200208300392 Pqe '�4 0! H R • 46P FIRST AMERICAN TITLE INS RGMT $63.06 Kits,ap Co, OR Washington Assignment and Assumption (Corporation) ATLO1/10673593v1 PORT ORCHARD, WA0217 EXHIBIT C Co -Location Leases Initial Lease(s) dated as Initial Tenants: follows.. as the same may have been heretofore amended I 200208300392 F ge: of 26 111111111111111111111111111111111111111111111111 �,, ,, FIRST AMERICAN TITLE INS AGMT c.NN Kit.sap�Co, 14A `'�}bF Washington Assignment and Assumption (Corporation) ATLO1/10673593v1 PORT ORCHARD, WA0217 EXHIBIT D Assignor's Etc uipment That certain equipment described and located as follows: Antennas) Manufacturer Model Cellwave AP 189014 Cellwave AP 189014 Cellwave AP 189014 Cellwave AP 189014 Cellwave AP 189014 Cellwave AP 189014 Microwave Equipment Manufacturer Model N/A Max ERP Dista TIP nce Height 283.00 Ft 150.00 283.00 Ft 150.00 283.00 Ft 150.00 283.00 Ft 150.00 283.00 Ft 150.00 283.00 Ft 150.00 Structure Primary Hei ht Center Line Together with any receiving antenna(s) related thereto and miscellaneous materials associated therewith such as, without limitation, the mounts, cable, ladder, coaxial cable, other similar miscellaneous materials, and equipment cabinets or shelters, as applicable. I I I I F2a0020�8300 S92 B o £"-"t I _ FIR;,T AMERICAN TITLE INI, AGMT ,;.NN Kit.sap�NN, lJtiK':46P Washington Assignment and Assumption (Corporation) A,rL01/10673593v1 PORT ORCHARD, WA0217 q OPTION AND LEASE AGREEMENT FOR TELECOMMUNICATIONS SITE [; 1 1997 ;_;C , Wr;Rt,� THIS O TION AND LEASE AGREEMENT ("Agreement") is entered into as of the day of — , 1997, by and between City of Port Orchard, a Washington Municipal Corporat on ("Landlord"), and GTE Mobilnet Incorporated, a Delaware corporation ("Tenant"). Landlord and Tenant agree as follows: This Agreement provides: (1) an Option to lease certain property in favor of the Tenant, and (2) terms and conditions of the Lease resulting from the exercise of the Option. Paragraphs 2 through 21 shall apply without limitation during the term of the Lease in the event the Option is exercised. During the Option Period the following paragraphs only shall be operative: 1 ("Option"), 6 ("Access and Utility Easements"), 7 ("Insurance"), 8 ("Termination"), 10 ("Survey"), 13 ("Assignment/ Subletting"), 14 ("Consent and Approvals"), 15 ("Debt Security"), 16 ("Environmental Laws"), 17 ("Notice"), 18 ("Non -Disclosure"), 19 ("Indemnity"), 20 ("Memorandum of Agreement/SNDA") and 21 ("Miscellaneous"). 1. OPTION: In consideration of the receipt of Five Hundred Dollars ($500.00) ("Option Money"), and subject to the conditions set forth herein, Landlord hereby grants to Tenant an option ("Option") to lease a portion of real property owned by Landlord, which property is located at SW Clifton Road, Port Orchard, Washington. The Tax Lot Number is: 342401-3-015-20-04-000. The property subject to this Option ("Lease Premises") is described and depicted on Exhibit "A", which is attached hereto and incorporated into this Agreement. The Leased Premises constitute a portion of real property owned by the Landlord ("Landlord's Property") which is described and depicted in Exhibit "B", attached hereto and incorporated into this Agreement. The Option is for the purpose of allowing the Tenant a suitable period of time to determine the feasibility of constructing and operating a telecommunications facility on the Leased Premises. The Option shall exist for a period of six (6) months ("Option Period") commencing on the Date of Execution of this Agreement. The Date of Execution is deemed to be the date upon which C— the last party to this Agreement has signed it. The Tenant has the right to extend the Option Period for six (6) months by paying Five Hundred Dollars ($500.00) to Landlord ("Additional Option Money") prior to expiration of the Option Period. During the Option Period, Tenant and its contractors shall have the right of access to enter upon the Landlord's Property and Leased Premises to conduct, at Tenant's expense, such surveys, tests and investigations as are necessary to enable Tenant to determine whether it desires to exercise the Option. If the Tenant does not exercise the Option, any money paid to Landlord shall be retained by the Landlord in full accord and satisfaction of all obligations of the Tenant hereunder and neither party shall have any further obligation to the other under the Agreement. In addition, the Lease as provided for hereunder shall be considered to be of no force and effect without further action by either party. 7/30/97 WA217 Pt. Orchard 1/14 2. TERM OF LEASE: a) Initial Term. In the event Tenant exercises the Option, the Initial Term of the _resulting Lease shall be for a period of five (5) years, commencing upon written notification by Tenant to Landlord ("Commencement Date"). Subject to the automatic renewal provisions in Subparagraph 2(b) below, the Lease shall terminate ono -day before the fifth (P) annual anniversary of the Commencement Date ("Initial Term"). Tenant's obligation to pay Rent shall begin on the Commencement Date. b) Extended Terms. Tenant shall have the right to extend the Initial Term for five (5) additional periods of five (5) years each ("Extended Terms") on the same terms and conditions as set forth herein, except for an adjustment in Rent. Extensions shall be automatic unless Tenant gives written notice to Landlord of its intent not to extend the Lease. Notice shall be provided not less than thirty (30) days prior to the expiration of the then current Term. c) Holding Over. If, after the end of the last Extended Term, Tenant remains in possession of the Leased Premises without executing a new Lease, the Tenant shall become a Tenant on a month -to -month basis on the same terms and conditions of this Lease. Tenant shall pay monthly Rent in the amount which was payable during the immediately preceding month. 3. RENT: During the Initial Term Tenant shall pay to Landlord an annual sum of Twelve Thousand Dollars ($12,000.00) ("Rent"), in equal monthly installments of One Thousand Dollars ($1,000.00) on the first day of each month at the address designated in Paragraph 18. If the Commencement Date is a day other than the first day of a month, the Rent for that month shall be prorated.. Upon the anniversary of the commencement date, the rent shall increase by three (3) per cent over the annual rent of the previous year. Rent for each Extended Term shall be payable in equal monthly installments in advance on the first day of each month. With each monthly installment of rent, the Tenant shall include the Leae Hold Tax, as required by the Revised Code of Washinton State, 82.29A. The enclosed Lease Hold Tax shall be calculated based upon the enclosed rent amount and be in addition to the rent. 4. TITLE AND QUIET POSSESSION: Landlord represents, warrants and covenants to Tenant as follows: (1) Landlord is seized with good, marketable, and fee simple title to the Leased Premises and to any areas of Landlord's Property containing easements or rights of access as provided for in Paragraph 6, (2) any encumbrances that may exist on the Landlord's Property or the Leased Premises will not interfere with the Tenant's intended use of the Leased Premises, (3) Tenant is seized and possessed with a valid 7/30/97 WA217 Pt. Orchard 2/14 leasehold estate in and to the Leased Premises and that Tenant shall have the quiet and peaceful enjoyment of the Leased Premises at all times during this Lease, and (5) Landlord will at all times during the term of this Lease defend title to the Leased Premises against all claims. 5. USE: The Leased Premises will be used by the Tenant for the purpose of operating a personal communications service ("PCS") facility. In order to enable the Tenant to do this, Tenant may construct improvements and install equipment reasonably required by Tenant for this use. Such improvements and equipment may include, but are not limited to a telecommunications structure, tower, or antenna(e), a building(s) to house equipment, electrical meters, electrical generators, coaxial transmission lines, transmitters, receivers, accessory devices, a chain link fence (to enclose all improvements), and all other equipment, supplies or materials relating to the foregoing. All of the above equipment, materials and structures shall collectively be referred to as "Communications Equipment". Tenant, or its contractors, assignee(s) or subtenant(s), may replace, repair, modify and remove the Communications Equipment as necessary to operate the Leased Premises. 6. ACCESS AND UT LITY EASEMENTS: Landlord agrees to grant Tenant and/or Tenant's designee (including Tenant's utility company) the rights of ingress and egress for vehicular and/or pedestrian access together with the right of access to install and maintain utility service to the Leased Premises over and upon Landlord's Property and any additional adjoining lands owned by Landlord which are necessary to construct, operate and maintain the Leased Premises. The granting of such rights shall be at no additional charge to the Tenant. The routes of access for pedestrian/vehicular traffic and utility installation shall be of sufficient size to permit the Tenant to construct, operate, and maintain the Communications Equipment. Such rights shall be granted for the duration of the Lease. Tenant shall have the right, but not the obligation, to improve such access routes, subject to Landlord's approval which shall not be unreasonably withheld. At the request of Tenant, Landlord agrees to execute easement documents or other written instruments ("Easements") prepared at Tenant's expense and in a form recordable in the State of Washington which reflect the above rights. The Tenant may record such Easements at its expense. 7. INSURANCE: For the duration of this Agreement, Tenant shall maintain comprehensive general liability and property liability insurance with liability limits of not less than One Million ($1,000,000) for injury to or death of one or more persons in any one occurrence, and Five Hundred Thousand Dollars ($500,000) for damage to or destruction of property in any one occurrence. Landlord shall be named as an additional insured, as its interests may appear. Landlord reserves the right to request a review of Tenant's insurance coverage for the Leased Premises every five (5) years, and to request, at Landlord's discretion, that Tenant increase it's insurance coverage for the Leased Premises, in order 7/30/97 WA217 Pt. Orchard 3/14 to keep current with the increased value of Landlord's property and/or Tenant's equipment. 8. TERNIINATION: This Agreement may be terminated as follows: a) Fifteen (15) days after receipt of written notice from Landlord if Tenant fails to cure a default for the payment of Rent; b) Thirty (30) days after receipt of written notice by either party if the other party defaults and fails to cure such default within that thirty (30) day period, or after a longer period in order to diligently complete a cure, as long as the cure was commenced within the thirty (30) day period; c) Thirty (30) days after receipt of Tenant's written notice to Landlord that a governmental approval, permit or license which is necessary for the construction and/or operation of the Communications Equipment cannot be obtained, or is revoked, denied, or overturned or, if Tenant in its sole discretion, determines that the cost of obtaining or retaining such government approval, permit or license is cost prohibitive or commercially unreasonable; d) Thirty (30) days after receipt of written notice to Landlord if Tenant in its sole discretion determines at any time that it desires to discontinue utilization of the Leased Premises for any reason whatsoever; e) Immediately upon written notice from Tenant if the Communications Equipment are destroyed or damaged to such an extent that its ability to continue operation is materially and adversely affected. All rights and obligations of the parties shall cease as of the date of such damage or destruction. Tenant shall be entitled to a pro rata reimbursement of any prepaid Rent. Notwithstanding the above, Tenant may elect to continue in possession in which case all Rent shall abate until the Communications Equipment are restored to the condition immediately prior to such damage or destruction; f) Immediately upon condemnation of all or a portion of the Landlord's Property or the Leased Premises sufficient in Tenant's determination to render the Leased Premises unsuitable for Tenant's continued use. g) Upon thirty (30) days written notice to Landlord, if it is determined that the Leased Premises or Landlord's Property is/are contaminated with Hazardous Substances, as defined in Paragraph 16, such that the presence of the contamination materially and adversely affects Tenant's ability to continue to operate its Communications Equipment. Upon termination, neither party shall have any further obligation to the other; PROVIDED, HOWEVER, that if Tenant terminates this Agreement pursuant to Subparagraphs © or (d) more than ninety (90) days from the date Tenant exercises its Option, Tenant shall pay 7/30/97 WA217 Pt. Orchard 4/14 Landlord a lump sum payment equal to six (6) months' Rent. Tenant shall remove its Communications Equipment from the Leased Premises no later than One Hundred Eighty (180) days following the date of termination. Upon termination, Tenant agrees to restore the Leased Premises to its original condition, normal wear and tear excepted. 9. TAXES: Tenant shall pay annually within sixty (60) days of demand an amount equal to any increase in real estate taxes paid by Landlord but only to the extent any increase is attributable to improvements made by Tenant to the Leased Premises. Tenant shall not be responsible for any interest, penalty or late charges caused by Landlord's failure to pay in a timely manner. Tenant reserves the right, at its own cost, to contest the validity of any such increase attributable to Tenant's improvements on the Leased Premises. 10. SURVEY: A surveyed description of the Leased Premises shall be furnished by Tenant to Landlord at no cost either during the Option Period or subsequent to the Commencement Date. Such description shall be appended to this Agreement as Exhibit "A- I" and shall constitute the determinative description of the Leased Premises in lieu of any different description of the Leased Premises contained in Exhibit A. 11. NON-INTERFERENCE: Landlord will not grant a lease, license, or easement or transfer or convey any other interest in Landlord's Property upon which the Leased Premises are located or in any other property owned by Landlord contiguous to the Landlord's Property which would in any way adversely affect or interfere, in Tenant's reasonable but sole discretion, with the operation of the Communications Equipment. 12. FIXTURES: Notwithstanding any contrary provision of law, Landlord agrees that the Communications Equipment and any other improvements placed on the Leased Premises by the Tenant shall remain the personal property of the Tenant, shall not be considered to be affixed to the Landlord's Property and shall be removed by Tenant as provided herein. Tenant agrees to save Landlord harmless from claims or liens imposed upon the Leased Premises in connection with any alterations or improvements to the Leased Premises made by Tenant, its agents or its contractors. 13. ASSIGNMENT/SUBLETTING: Tenant may assign and sublet the Leased Premises without the prior consent of the Landlord to any entity controlling, controlled by or under common control with the Tenant, to any party which acquires substantially all of the assets of the Tenant to any entity licensed by the FCC to operate a wireless communications business, or to any entity which acquires substantially all of the Tenant's assets in the Metropolitan Trading Area ("MTA") in which the facility is located, PROVIDED THAT, in all such instances such assignee assurres in full all of Tenant's obligations under this Agreement. Except as set forth above, Tenant may only 7/30/97 WA217 Pt. Orchard 5/14 assign or sublet the Leased Premises with Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. 14. CONSENTS AND APPROVALS: Tenant shall, at its expense, apply for all governmental approvals and other permits and authorizations which are required for the construction and operation of the Communications Equipment. Landlord agrees to cooperate with Tenaut in all respects in connection with such efforts. Landlord agrees to sign any applications and registrations which require Landlord's signature. Tenant reserves the right to file appeals or protests from any adverse decision of governmental bodies affecting Tenant's occupancy and use of the Leased Premises. Tenant reserves the right to challenge the validity of any ordinance, law or regulation affecting the Tenant's use or occupancy of the Leased Premises. Landlord agrees to cooperate with Tenant in such efforts. 15. DEBT SECURITY: Tenant may, upon notice to Landlord, mortgage or convey this Agreement (together with all of the Tenant's rights, title and interest herein) by deed of trust or other instrument adequate for the purpose of securing a bona fide indebtedness, PROVIDED THAT, no such mortgage or conveyance nor any foreclosure thereof, nor any purchase thereunder, shall impair or abridge the rights of the Landlord. Landlord shall execute any consent to such mortgage or conveyance as may reasonably be required. 16. ENVIRONMENTAL LAWS: Landlord hereby makes the following representations and warranties to Tenant: a) Landlord has obtained all permits, licenses, or authorizations, if any, which are required under Environmental Laws, as defined below, with respect to the Landlord's Property, including the Leased Premises and to the best of its knowledge, is in compliance in all material respects with same. b) Landlord is not aware of, and has not received notice of, the presence of Hazardous Substances on the Landlord's Property, including the Leased Premises. c) There is not pending or threatened against Landlord, (and Landlord knows of no circumstances that might give rise to) any civil, criminal or administrative action, or claim relating in any way to Environmental Laws with respect to the Landlord's Property, including the Leased Premises. As used herein the following terms shall have the following meanings: "Environmental Laws" shall mean all federal, state and local laws relating to pollution or protection of the environment. "Hazardous Substances" shall means any pollutant, contaminant, hazardous or dangerous waste, substance or material regulated or controlled pursuant to any Environmental Law. 7/30/97 WA217 Pt. Orchard 6/14 17. NOTICE: All notices hereunder must be in writing and shall be delivered by hand, by nationally overnight express delivery service, by U.S. registered or certified mail, return receipt requested, postage prepaid, or by facsimile to the addresses set forth below: TENANT: GTE Mobilnet Incorporated 2821 Northup Way, Suite 201 Bellevue, WA 98004 Attn.: Network Director LANDLORD: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn.: Larry Curles A copy for GTE shall also be sent to: GTE Mobilnet Incorporated, 245 Perimeter Center Parkway, 10`h Floor, Legal Department, Atlanta, GA 30346, Attn.: Legal Department/1.8 Attorney. Any notice or other communication mailed as provided above shall be deemed effectively given (a) on the date of delivery, if delivered by hand, or (b) on the date mailed, if sent by overnight express delivery or U.S. mail. 18. NON -DISCLOSURE: As a material pre -condition to Tenant entering into this Agreement, Landlord agrees not to disclose or otherwise disseminate the terms of this Agreement to any third party without the prior written consent of Tenant. 19. INDEMNITY: Landlord and Tenant each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys fees) and claims of liability or loss which arise under this Agreement. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party. 20. MEMORANDUM OF AGREEMENT/SNDA: Landlord and Tenant agree, following the execution of this Agreement, to execute a short form of memorandum of this agreement suitable for recording in the State of Washington, a copy of which is attached hereto as Exhibit "C". Tenant, at its sole expense, shall have the right to record the memorandum in the county where the Leased Premises are located. Landlord agrees to cooperate with Tenant in obtaining any executed subordination, non -disturbance and attornment agreement to the extent that such an agreement may be necessary. 21. MISCELLANEOUS: This Agreement and any attached Exhibits constitute the entire agreement between Landlord and Tenant. No prior written communication or oral representations shall be binding. It shall not be amended except in writing and signed by authorized representatives of both parties. The Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs, executors, administrators, successors and assigns. This Agreement may be executed in any number of counterparts, 7/30/97 WA217 Pt. Orchard 7/14 each of which shall be considered an original, but all of which together shall constitute one instrument. Time is of the essence in this Agreement and each of its provisions. This Agreement shall be construed and governed in accordance with the laws of the State of Washington. If any provision is declared by a court of competent jurisdiction to be invalid, or unenforceable, the remainder shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. The venue for any litigation hereunder shall be Kitsap County, Washington. Each party represents to the other that it has full right and authority to enter into this Agreement. The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys fees and court costs, including appeals costs, if any. 22. COLOCATION: Tenant shall construct its Communications Monopole on the Leased Premisies to accommodate the placement of one additional antenna array on the tower, in addition to Tenant's own antenna array. Landlord and Tenant acknowledge that Landlord may negotiate to locate an additional user on Tenant's Monopole, provided, however, that such proposed additional user shall not be allowed to locate on Tenant's Monopole without the mutual consent of both Landlord and Tenant. The party that negotiated with the proposed additional user shall provide the otheer party, for its review and approval, the plans and specifications for the proposed additional user's antenna array and related equipment and the proposed agreements between such parties relating to the use of the Property and the premises by the proposes additional user. Within thirty (30) days of the receipt of such information, the reviewing party shall consent or object to the proposed additional user and the proposed additional user and the proposed agreements. The proposed additional user shall pay not less than the current market rate for colocation and the use of Tenant's Monopole and the Property. Any rent negotiated by the Landlord shall accrue solely to the Landlord's account. Tenant shall be allowed to charge the additional user a one time fee of Twenty Thousand Dollars ($20,000.00) as contribution to Tenant for its startup costs of this installation. Said Twenty Thousand Dollars ($20,000.00) fee shall be for the sole account of the Tenant. In addition to the above, Landlord shall be allowed to install an FM Antenna on the Tenant's Monopole so long as it does not interfere with Tenant's operation of the Communications Equipment. 7/30/97 WA217 Pt. Orchard 8/14 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written. "LANDLORD" By: Print Name: e Title: a /� Tax Identification / 9/- Sao y8 7 "TENANT" GTE MOBILNET INCORPORATED By. Print Name: Donal ye Title: AVP - Network Engineering and Construction 7/30/97 WA217 Pt. Orchard 10/14 STATE OF WASHINGTON ) COUNTY OF L��Lp _ ) Personally appeared before me, the unde signed, a Notary Public in and for the State and County aforesaid, L-E-SU v-- 7I I , with whom I am personally acquainted, (or proved to me on the basis of satisfactory evidence), and ho, n o th, acknowledged himself to be the __ A r of the I X----------- a corporation, and that in such capacity he executed the �(o'r oing instrument for the purpose therein contained, by signing the name of the corporation. Witness my hand and seal of office this 42 day c4f�e� 1997. Lai ek4Q�-------- ------ NOTARY PUBLIC My Commission Expires: --- (NOTARIAL SEAL) STATE OF COUNTY OF Personally appeared before me, the undersigned, a Notary Public in and for the State and County aforesaid, Donald M. Fye, with whom I am personally acquainted, (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged themselves to be the AVP, Network Engineering and Construction of GTE Mobilnet Incorporated, a corporation, and that in such capacities they executed the foregoing instrument for the purpose .therein contained, by signing the name of the corporation. Witnes*itgy?�;_ _ Wnd seal of office this L _ , 19 -22 —- - - - - - - - - - 110 NOTARY ► N A B .A= 9 po�� o;: = My Commission Expires:) �(S o. 2: '•,��0 ..... ���••` (NOTARIAL SEAL) • WA %smal.•••�� 7/30/97 WA217 Pt. Orchard 11/14