Sprint - PCS Site Agreement 1
Washington County,Oregon 2015-105260
AFTER RECORDING RETURN TO: Stn=29 K GRUNEWALD 12130/2015 01:34:30 PM
$25.00$11.00$5.00$20.00 $61.00
1� I,Richard Habernlcht,Director of Assessment and Taxation and Ex. 4
City of Tigard Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
Attn: City Manager recorded in the book of records of said county.
City Hall Richard Hobernicht,Director of
13125 SW Hall Blvd Assessment and Taxation,Ex-Officio
Tigard OR 97223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO: j
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NO CHANGE
Space above this line for Recorder's Use
A.P.N. 2S102AD03450
hEZQEAbDjN OF SECOND AMENDMENT j
TO PCS SITE AGREEMENT
This Memorandum of Second Amendment to PCS Site Agreement ("Memorandum") is
made effective as of � ,�ol� �� , 2015, by and between CITY OF TIGARD, a
municipal corporation of the State of Oregon ("Owner") and STC FIVE LLC, a Delaware i
limited liability company,by and through Global Signal Acquisitions
II LLC a Delaware limited
liability company,its attorney in fact("Lessee"). i
1. Tigard Water District ("Original Owner") and Sprint Spectrum L.P. ("SSLP")
i entered into a PCS Site Agreement dated May 22, 1996(the"Agreement")whereby SSLP leased
certain real property,together with access and utility easements, located in Washington County, j
Oregon from Original Owner (the "Site"), all located within certain real property owned by
Owner (the"Property). The Property, of which the Site is a part,is more particularly described
on Exhibit A attached hereto.
2. The Agreement was amended by that certain First Amendment to PCS Site
Agreement dated July 24, 1998(the"First Amendment").
3. The City of Tigard is currently the owner of the Property due to the transfer of
ownership of the Property from Tigard Water District to the City of Tigard through the
withdrawal of the city from the Tigard Water District,
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Site Name:Tigard
Business Unit t 879526 _---�--�
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4. STC Five LLC is currently the lessee under the Agreement as ultimate successor
in interest to SSLP.
5. The Site may be used for the purpose of constructing,maintaining and operating a
communications facility, including tower structures, equipment shelters, cabinets, meter boards,
utilities, antennas, equipment, any related improvements and structures and uses incidental
thereto.
6. The Agreement had an initial term that commenced on May 22, 1996, and
including renewal terms,if all were exercised,would expire on May 21,2021.
7. Owner and Lessee have entered into a Second Amendment to PCS Site
;
Agreement (the "Second Amendment'), of which this is a Memorandum,providing for one (1)
additional Renewal Term of five (5) years. Pursuant to the Second Amendment, the final
Renewal Term expires on May 21, 2026,
8. By the Second Amendment, Owner also granted to Lessee the right of first refusal
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to purchase all, or a portion, of the Owner's Property, the details of which are set forth in the j
Second Amendment.
9. The terms, covenants and provisions of the Second Amendment shall extend to
and be binding upon the respective executors, administrators, heirs, successors and assigns of
Owner and Lessee.
10. A copy of the Second Amendment is on file with Owner and Lessee.
[Execution Pages Follow]
OWNER:
CITY OF TIGARD,
a municipal corporation of the State of Oregon
By:
Name: Martha L.Wine
Title: City Manager
STATE OF OREGON )
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Site Names Tigard
Businen Unit#:879526
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County of )
This instrument was acknowledged before me on . l'ILer^ JZ 2015,by
Martha L.Wine as City Manager of the City of Tigard. i
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OFFICIAL STAMP f
CAROL ANN KRAGER NOTARY PUBLIC FOR QRJEGON
NOTARY PUBLIC - OREGON My Commission Expires; a .16 1019
COMMISSION NO.9249M
Ml'COMMISSION EVIRE3 ffaMyLjoi 2018
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ISignature and Acknowledgement Follow on Next Pagel
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Site Name:Tigard 3
Business Unit#:679526
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IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessee has caused this
Memorandum to be duly executed on the day and year first written above.
LESSEE:
STC FIVE LLC,
a Delaware limited liability company
By: Global Signal Acquisitions Q LLC,
a Delaware limited liability company, I
Its: Attorney In Fact
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By: i
Print Name:
Title: Rr=T- Manager
[,4cknowledgmentfollows on next page] �
State of Texas
County of ,5 4
Before me, A a No�ryPublic, on this day personally appeared
_ I.i�A A.5Pd4h ' _ _, M _N/1nnAf,�' of Global Signal
Acquisitions II 9LLC,a Delaware limited liability company, d Attorney in Fact for STC FIVE
LLC, own to meor proved to me on the oath of or through driver's license,
state id car , ret id card, military id card, or passport) to be the person whose name is
subscribed to the foregoing instrument and acknowledged tome that sheltie executed the same
for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of f&MW 2015. j
VIu1ry, S
6-41
P '4 ALLISON Y. EDWARDS
�'I Notary Public,State of Texas
■, MY Commission Expires l
February 23,2016
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,(Personalized Seal) Notary Public's Signature f
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Site Nam:Tigard
Business Unit#;879526
EXHIBIT A I
Legal Description of the Property
A parcel of.land in the Southeast one quarter, of the Northeast one quarter of Section 2,
Township 2 South, Range 1 West of the Willamette Meridian, County of Washington, State of
Oregon,in the city of Tigard,being more particularly described as follows:
i
BEGINNING at the most Easterly comer of that property conveyed to Joseph W. Davis and
described by Deed recorded August. 23, 1966 in Book 612, Page 441, Washington County
Records,'said point being on the Southerly right of way line of the Oregon Electric Railway Co.;
thence S40°07'32"E following said Southerly right of way 115.82 feet to the most Easterly
corner of that property conveyed to James R. McGee described by deed recorded January 30,
1973 in Book 907,Page 324, Washington County Deed Records; thence S44°50'11"W following
the Southeasterly line of said McGee property 80.31 feet; thence N401107'32"W 115.84 feet to a
point on the Southeasterly line of said Davis property; thence N44°50'11"E following said
Southeasterly line 80.31 feet to the Point of Beginning. i
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Site Narne:Tigard
Business Unit#:879526
SECOND AMENDMENT TO
PCS SITE AGREEMENT
THIS SECOND AMENDMENT TO PCS SITE AGREEMENT (the "Second
Amendment") is entered into this 3�-- day of RM-12W W , 2015, by and between
CITY OF TIGARD, a municipal corporation of the State of Oregon (hereinafter referred to as
"Owner") and STC FIVE LLC, a Delaware limited liability company, by and through Global
Signal Acquisitions II LLC, a Delaware Iimited liability company, its attorney in fact(hereinafter
referred to as "Lessee").
RECITALS
WHEREAS, Tigard Water District ("Original Owner") and Sprint Spectrum L.P.
("SSLP") entered into a PCS Site Agreement dated May 22, 1996 (the "Agreement") whereby
SSLP leased certain real property, together with access and utility easements, located in
Washington County, Oregon from Original Owner (the "Site"), all located within certain real
property owned by Owner (the"Property"); and
WHEREAS, the Agreement was amended by that certain First Amendment to PCS Site
Agreement dated July 24, 1998 (the"First Amendment"); and
WHEREAS, the City of Tigard is currently the owner of the Property due to the transfer
of ownership of the Property from Tigard Water District to the City of Tigard through the
withdrawal of the city from the Tigard Water District; and
WHEREAS, STC Five LLC is currently the lessee under the Agreement as ultimate
successor in interest to SSLP. All references in the Agreement to SSLP shall be deemed to refer
to STC Five LLC; and
WHEREAS, the Site may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
Site Name:Tigard 1
Business Unit#:879526
WHEREAS, the Agreement had an initial term that commenced on May 22, 1996, and
expired May 21, 2001. The Agreement provides for four (4) Renewal Terms of five (5) years
each. According to the Agreement, the final extension expires on May 21, 2021; and
WHEREAS, Owner and Lessee desire to amend the Agreement on the terms and
conditions contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Owner and Lessee agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing
recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in
the Agreement.
2. Term. The second sentence of Section 2 of the Agreement, and only that
sentence, is hereby deleted and the following is inserted in its place:
This Agreement will be automatically renewed for five (5)
additional terms of five (5) years each (each a "Renewal Term"'),
unless Lessee provides Owner notice of intention not to renew not
less than ninety (90) days prior to the expiration of the Initial Term
or any Renewal Term.
Owner and Lessee hereby acknowledge that Lessee has exercised three (3) Renewal
Terms, leaving a balance of two (2) Renewal Terms, with the final Renewal Term expiring on
May 21, 2026.
3. Suspension of Rent Increases. Notwithstanding Section 3 of the Agreement, the
Rent shall not increase upon the commencement of the fifth (5th) Renewal Term. The annual
Rent for fifth (5th) Renewal Term shall be the same amount as the annual Rent in effect during
the fourth(0) Renewal Term.
4. Right of First, Refusal. If Owner receives an offer from any person or entity that
owns towers or other wireless telecommunications facilities (or is in the business of acquiring
Owner's interest in the Agreement) to purchase fee title, an easement, a lease, a license, or any
other interest in the Property, or Owner's interest in the Agreement, or an option for any of the
foregoing, Owner shall provide written notice to Lessee of said offer, and Lessee shall have a
Site Name:Tigard 2
Business Unit#:879526
-a
right of first refusal to acquire such interest on the same terms and conditions in the offer,
excluding any terms or conditions which are (i) not imposed in good faith or (ii) directly or
indirectly designed to defeat or undermine Lessee's possessory or economic interest in the Site.
If Owner's notice covers portions of Owner's parent parcel beyond the Site, Lessee may elect to
acquire an interest in only the Site, and the consideration shall be pro-rated on an acreage basis.
Owner's notice shall include the prospective buyer's name, the purchase price and/or other
consideration being offered, the other terms and conditions of the offer, the due diligence period,
the proposed closing date and, if a portion of Owner's parent parcel is to be sold, leased or
otherwise conveyed, a description of said portion. If the Owner's notice shall provide for a due
diligence period of less than sixty(60) days,then the due diligence period shall be extended to be
sixty (60) days from exercise of the right of first refusal and closing shall occur no earlier than
fifteen days thereafter. If Lessee does not exercise its right of first refusal by written notice to
Owner given within thirty (30) days, Owner may convey the property as described in the
Owner's notice. If Lessee declines to exercise its right of first refusal, then the Agreement shall
continue in full force and effect and Lessee's right of first refusal shall survive any such
conveyance. Lessee shall have the right, at its sole discretion, to assign the right of first refusal
to any person or entity, either separate from an assignment of the Agreement or as part of an
assignment of the Agreement. Such assignment may occur either prior to or after Lessee's
receipt of Owner's notice and the assignment shall be effective upon written notice to Owner.
5. Governmental Approvals. If requested by Lessee, Owner, at Lessee's sole cost
and expense, shall reasonably cooperate with Lessee in Lessee's efforts to obtain or maintain all
documents required by any other governmental authority in connection with any development of,
or construction on, the Site, including documents necessary to petition the appropriate public
bodies for certificates, permits, licenses and other approvals deemed necessary by Lessee to
utilize the Site for the purpose of constructing, maintaining and operating communications
facilities, including without limitation, tower structures, antenna support structures, cabinets,
meter boards, buildings, antennas, cables, equipment and uses incidental thereto. For Lessee's
applications to the City of Tigard, Owner shall provide its signature as the property owner on the
application and related documents as may be required by applicable rules, regulations or law, but
shall not be further obligated to participate in the application process on behalf of Lessee except
as required by applicable rules, regulations or law.
Site Name:Tigard 3
Business Unit#:879526
6. Notices. Lessee's notice address as stated in the Agreement is amended as
follows:
LESSEE'S PRIMARY CONTACT STC FIVE LLC
c/o Crown Castle USA Inc.
Attn: Legal Department
2000 Corporate Drive
Canonsburg, PA 15317
7. Ratification.
a) Owner and Lessee agree that Lessee is the current lessee under the Agreement,
the Agreement is in fall force and effect, as amended'herein, and the Agreement contains the
entire agreement between Owner and Lessee with respect to the Site.
b) Owner agrees that any and all actions or inactions that have occurred or should
have occurred prior to the date of this Second Amendment are approved and ratified and that no
breaches or defaults exist as of the date of this Second Amendment.
C) Owner represents and warrants that Owner is duly authorized and has the full
power, right and authority to enter into this Second Amendment and to perform all of its
obligations under the Agreement as amended.
8. IRS Form W-9. Owner agrees to provide Lessee with a completed IRS Form
W-9, or its equivalent, upon execution of this, Second Amendment and at such other times as
may be reasonably requested by Lessee. In the event the Properly is transferred, the succeeding
owner shall have a duty at the time of such transfer to provide Lessee with a completed IRS
Form W-9, or its equivalent, and other related paper work to effect a transfer in the Rent to the
new owner. Owner's failure to provide the IRS Form W-9 within thirty (30) days after Lessee's
request shall be considered a default and Lessee may take any reasonable action necessary to
comply with IRS regulations including, but not limited to, withholding applicable taxes from rent
payments.
9. Remainder of Agreement Unaffected. The parties hereto acknowledge that except
as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In
the event of any conflict or inconsistency between the terms of this Second Amendment and the
Agreement, or between the terms of this Second Amendment and any prior amendment, the
terms of this Second Amendment shall control. This Second Amendment may be executed
Site Name:Tigard 4
Business Unit#:879526
simultaneously or in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement. The terms, covenants and provisions of
the Second Amendment shall extend to and be binding upon the respective executors,
administrators, heirs, successors and assigns of Owner and Lessee.
[Execution Pages Follow]
Site Name:Tigard 5
Business Unit#:879526
This Second Amendment is executed by Owner as of the date first written above.
OWNER:
CITY OF TIGARD,
a municipal corporation of the State of Oregon
By: `
Name: Martha L. Wine
Title: City Manager
[Lessee Execution Page Follows]
Site Name:Tigard b
Business Unit#:879526
This Second Amendment is executed by Lessee as of the date first written above.
LESSEE:
STC FIVE LLC,
a Delaware limited liability company
By: Global Signal Acquisitions Il LLC,
a Delaware limited liability company,
Its: Attorney In Fact
, r
By:
Print Name: is a A 1;r.,7 r I
Title:
Site Name:Tigard 7
Business Unit#:879526
"R
Crown Castle Tel: 425.202.2764
WN West Area Fax: 724.416.6911
8547 154 Ave NE www.crowncastle.com
A,, ! L ,� ,Redmond, WA 98052
March 2, 2011
VIA CERTIFIED MAIL
TIGARD, CITY OF
13125 SW HALL BLVD WATER UTILITY DISTRICT
TIGARD, OR, 97223
Re: BU 879526 App 116984
PCS SITE AGREEMENT ("Lease")
Consent for Modification
Dear City of Tigard:
Pursuant to an agreement between STC Five LLC ("Sprint") and Global Signal Acquisitions II
LLC ("GSA"), GSA subleases and/or otherwise operates the tower site that is subject to the
Lease on behalf of Sprint. GSA is a Crown Castle company. GSA and its subsidiaries own and
operate shared wireless communication facilities.
In order to better serve the public, minimize the amount of towers in an area where a Lease is
located, and/or improve the financial viability of a site, GSA plans to modify AT&T's equipment
at the wireless communication facility.
Sprint has authorized GSA to contact you and request consent to the ["subletting of ground and
tower space" or "modification of the existing equipment."]. Pursuant to Paragraph 7 of your
Lease, Sprint is required to obtain your consent, which consent shall not be unreasonably
denied. Therefore, GSA, on behalf of Sprint, respectfully requests your consent to this
modification.
Please indicate your consent by executing this letter where indicated below and return one
original of same to me at the address indicated above. A self addressed stamped envelope is
included for your convenience.
If you have any questions concerning this request, please contact me at 425.202.2764.
Yours 'IF Y,
Dana Diaconu
Property Specialist
Agreed and accepted this Oh/f day of Rlfr ` , 20
� / L'essor's signature)
v�f/ V/ter/a n/ /Lt A7u
Sprint.
Sprint Spectrum L.P. Portland MTA
7770 SW Mohawk,Building F
Tualatin.Oregon 97062
July 15, 1996 Mailstop:ORTUAA0101
William Monahan,City Administrator, City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
Dear Mr.Monahan,
This letter will serve as an introduction for the various individuals and companies that will be a part of
constructing the telecommunications facility located on your property at 8777 Burnham in Tigard, leased by Sprint
Spectrum.
There have already been various visits to the site to determine it's acceptability for leasing purposes. Now
that the lease is complete,construction is being scheduled. Please be aware that there are over a hundred locations
leased in the Portland Metropolitan area. The timing for construction of your specific location is dependent on
zoning approval, issuance of the building permit, availability of materials and scheduling of the subcontracted
construction companies for performing the work.
Your primary point of contact with Sprint Spectrum during the construction phase will be Gene Robinson.
He can be reached at 612-1053 during regular working hours. In the case of an emergency please call 697-1337. If
you have questions regarding the lease, lease payment,or issues other than those relating to construction you may
contact Christine Schroeder at 612-1010. Any written correspondence can be sent to:
Sprint Spectrum
Attention: Property Department
7770 SW Mohawk Bldg F
Tualatin,Oregon 97620
Following is a list of companies or individuals other than Sprint Spectrum representatives that will be
involved in the construction process. At the present some of the subcontractors may not,as yet,be identified.
Bechtel-Engineering
Architect working for Bechtel is not known at this time
Construction Subcontractor working for Bechtel is not known at this time
Lucent- Equipment supplier
It is our intention that the process of construction,maintenance and long term management of the facility be as
efficient and effective as possible. We intent to be responsive and sensitive to your concerns and will address those
concerns in a timely manner.
Thank you for your cooperation and participation in the development of the"New Generation"of
telecommunication systems. Sprint Spectrum is excited about this technology and the benefit it will provide and
appreciates your part in making this possible.
Sincerely,
Don DeBlanc
Property Manager
cc: Prop File#047C
Gene Robinson
• s ) ) i VC1Venlo Communications. Inc.
June 5, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr.William A.Monahan
Tigard City Administrator
13125 SW Hall Blvd.
Tigard,OR 97223
RE: 047C-PCS Site Agreement
Dear Mr.Monahan:
The PCS Site Agreement you executed on May 15, 1996,was signed by Sprint Spectrum L.P. on
May 22, 1996. Enclosed is one fully executed duplicate original with a copy of Exhibit B for your
records. As per the terms of the Agreement,a pre-occupancy rent check in the amount of $100
is also enclosed.
We look forward to a pleasant working relationship with you. If you have any questions,please
feel free to call us at(503)598-1880.
V ly y a
C ery roft nnett
Executive Assistant
:ccb
Enclosures
7160 SW HAZELFERN ROAD • Su1rE 100 • TIGARD, OR • 97224
TEL: (503) 598-1880 FAX: (503) 598-1889
EXHIBIT B
Site Name: Tigard PCS Site Agreement Site I. D. 047C
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement
dated May 15, 1996 , between Tigard Water District, a political subdivision of the state of Oregon ("Owner")
and Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), the terms and conditions of which are
incorporated herein by reference.
Such Agreement provides in part that Owner leases to SSLP a certain site("Site") located at 8777 SW
Burnham St., City of Tigard, County of Washington, State of Oregon,within the property of Owner which is
described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and
to electric and telephone facilities for a term of five(5)years commencing on 2-2-
1996,
Z1996, which term is subject to four(4)additional five(5)year extension periods by SSKP.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above
written.
OWNER: TIGARD WATER DISTRICT,
a`po�litical subdivision of the State of Oregon
By:
Name: LJ, [�,q , A . MOrU,4 �,4,y
Title: 1 q rt e—Q I ( I /I/ / l7XrH iH 11�A H�tJ✓I
Address: /3/ZS SLJ I-1i-JJ QA'd
SSLP: SPRINT SPECTR91VI L.P.,
a Delaware li partnership
By:
Name: :av7'l
Title:
Address:
EXHIBIT A
Site Name: TIGARD to Site I. D. 047C
MEMORANDUM OF PCS SITE AGREEMENT
Legal Description: A portion of the following described real estate as shown in the attached site sketch:
Site situated in the City of Tigard, County of Washington, State of Oregon, commonly described as follows:
PARS Ill:
A parcel of land in the Southeast one quarter, of the Northeast one quarter of
Section 2, Township 2 South, Range 1 West of the Willamette Meridian, County of
Washington, State of Oregon, in the City of Tigard, being more particularly described
as follows:
BEGINNING at the most Easterly corner of that property conveyed to Joseph W. Davis
and described by Deed recorded August 23, 1966 in Book 612, Page 441, Washington
County Records, said point being on the Southerly right of Way line of the Oregon
Electric Railway Co.; thence S40007'32'E following said Southerly right of way 115.82
feet to the most Easterly corner of that property conveyed to James R. McGee and
described by deed recorded January 30, 1973 in Book 907, Page 324, Washington County
Deed Records; thence S44050`11-W following the Southeasterly line of said McGee
Property 80.31 feet; thence N40007.32-W 115.84 feet to a point an the Southeasterly
line of said Davis property; thence N440S0,11-E following said Southeasterly line
80.31 feet to the Point of Beginning,
Owner Initials LvlFf�y�
SSLP initials /
STATE OF OREGON
COUNTY OF �1��QC, } ?r ►�q�v �l
The foregoing instrument was acknowledged before me this 15 +4A day of
Ct 1�1 194(a , by r . m o n aCL n
OFFICIAL SEAL C{✓�" 1YJI� +�C(�C l
WHEATLEY (OFFICIAL NOTARY SIGNATURE)
OTARY PUBLIC-OREGON NOTARY PUBLIC FOR STATE OF OREGON
COMMISSION NO.042176
f:CATHERINE
SION EXPIRES MAY 10.1999
Ctkheri',p_ i,-J h-erA_�
My commission expires: Z_//D)�t 9 (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
STATE OF OREGON
COUNTY OF 6jasAl/rtCitDrti
IJ
The foregoing instrument was acknowledged before me this �oZ n� day of
19__qL, by 0, L. T_ oma S
' OFFICIAL SEAL
r BRENDA D. SLAVIN (OFFICIAL NOTARY SIGNATURE)
NOTARY PI19UC-OREGON NOTARY PUBLIC FOR STATE OF OREGON
COiVI�A!Sr" 'I NO 031392
Pr1Y CCbI";'ISS10N E,:,': .c5 JAN' ? tn�p
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
PCS SITE AGREEMENT
Site'Name. TIGARD Site I. D. 047C
1. Premises and Use. Owner leases to Sprint Spectrum L. P.,a Delaware applicable governmental authorities. SSLP will comply with all applicable laws
limited partnership("SSLP")the site described below: relating to its possession and use of the Site.
[Check appropriate box(es)] 9. Interference. SSLP shall not use the Site in any way which interferes with
®Real property consisting of approximately 1600 square feet of land; the use of the property by Owner, or tenants or licensees of Owner, or with
❑ Building interior space consisting of approximately square feet; rights to the property prior in time to SSLP's (subject to SSLP's rights under
❑ Building exterior space for attachment of antennas; this Agreement, including without limitation, noninterference). Similarly,
❑ Building exterior space for placement of base station equipment; Owner shall not use, nor shall Owner permit its tenants, licensees,
❑Tower antenna space; employees, invitees or agents to use,any portion of Owner's properties in any
❑Space required for cable runs to connect PCS equipment and antennas, way which interferes with the operations of SSLP. In addition, if, at any time
in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive during this Agreement, it is determined that there is identifiable interference
easement for reasonable access thereto and to the appropriate, in the between SSLP's electronic equipment and any of Owner's electronic
discretion of SSLP, source of electric and telephone facilities. The Site will be equipment, SSLP shall be solely responsible for the timely resolution of all
used by SSLP for the purpose of installing, removing, replacing, maintaining interference concerns that are directly attributable to SSLP's use, at SSLP's
and operating, at its expense, a personal communications service system sole expense. This requirement applies to Owner's electronic equipment
facility ("PCS"), including, without limitation, related antenna equipment and regardless of its location. In the event that SSLP is unable to satisfactorily
fixtures. SSLP will use the Site in a manner which will not unreasonably resolve all interference concerns within a reasonable period of time, SSLP
disturb the occupancy of Owner's other tenants. may be required to terminate all operations under this Agreement
2. Term. The term of this Agreement (the "Initial Term") is five years, immediately. Failure to cure such interference within a reasonable period of
commencing on the date ("Commencement Date") SSLP signs this time shall be deemed a material breach by the interfering party, who shall,
Agreement. This Agreement will be automatically renewed for four (4) upon notice from the other, be responsible for terminating said interference,
additional terms (each a "Renewal Term") of five years each, unless SSLP In the event any such interference does not cease promptly upon notice, the
provides Owner notice of intention not to renew not less than 90 days prior to parties acknowledge that continuing interference may cause irreparable injury
the expiration of the Initial Term or any Renewal Term. and therefore the injured party shall have the right, in addition to any other
3. Rent. Rent in the amount of$11,400.00 will be paid annually beginning the rights that it may have at law or in equity, to bring action to enjoin such
earlier of(a)the date which is thirty(30)days after the issuance of a building interference or to terminate this Agreement immediately upon written notice.
permit for installation of the PCS, or (b) the first day of the month following 10. Utilities. Owner represents that utilities adequate for SSLP's use of the
commencement of physical preparation of the Site. Thereafter, the annual site are available. SSLP will pay for all utilities used by it at the Site. Owner
rent will be paid on or before each anniversary of the Commencement Date, will cooperate with SSLP in SSLP's efforts to obtain utilities from any location
partial years to be prorated. The annual rent for each Renewal Term will be provided by Owner or the servicing utility.
the annual rent in effect for the final year of the Initial Term or prior Renewal 11. Termination. SSLP may terminate this Agreement by notice to Owner
Term, as the case may be, increased by twenty percent (20%). In addition, without further liability if SSLP does not obtain all permits or other approvals
SSLP will pay the sum of$100 to owner on the Commencement Date. (collectively, 'approval") required from any governmental authority or any
4. Title and Quiet Possession. Owner represents and agrees (a) that it is easements required from any third party to operate the PCS system,or if any
the Owner of the Site; (b)that it has the right to enter into this Agreement; such approval is canceled, expires or is withdrawn or terminated, or if Owner
(c)that the person signing this Agreement has the authority to sign; (d)that fails to have proper ownership of the Site or authority to enter into this
SSLP is entitled to access to the Site at all times and to the quiet possession Agreement,or if SSLP, for any other reason, in its sole discretion, determines
of the Site throughout the Initial Term and each Renewal Term so long as that it will be unable to use the Site for its intended purpose. Upon termination,
SSLP is not in default beyond the expiration of any cure period; and (e)that all prepaid rent shall be retained by Owner. Further, Owner may terminate
Owner shall not have unsupervised access to the Site or to the PCS this Agreement without cause at any time after the third Renewal Term of this
equipment. Agreement,upon one year's written notice by Owner to SSLP.
5. Assignment/Subletting. SSLP will not assign or transfer this Agreement 12. Default. If either party is in default under this Agreement for a period of
or sublet all or any portion of the Site without the prior written consent of (a) 10 days following receipt of notice from the non-defaulting party with
Owner, which consent will not be unreasonably withheld, delayed or respect to a default which may be cured solely by the payment of money, or
conditioned; provided, however. SSLP may assign or sublet without Owner's (b) 30 days following receipt of notice from the non-defaulting party with
prior written consent to any party controlling, controlled by or under common respect to a default which may not be cured solely by the payment of money,
control with SSLP or to any party which acquires substantially all the assets of then, in either event, the non-defaulting party may pursue any remedies
SSLP available to it against the defaulting party under applicable law, including, but
fi. Notices.All notices must be in writing and are effective when deposited in not limited to, the right to terminate this Agreement. If the non-monetary
the U.S. mail, certified and postage prepaid, or when sent via overnight default may not reasonably be cured within a 30 day period, this Agreement
delivery,to the address set forth below,or as otherwise provided by law. may not be terminated if the defaulting party commences action to cure the
7. Improvements. SSLP shall have the right, at its expense to erect and default within such 30 day period and proceeds with due diligence to fully cure
maintain the Site improvements, personal property and facilities, in a the default.
configuration consistent with that set forth in the attached Exhibit A for the 13. Indemnity.SSLP agrees to hold harmless,indemnify and defend Owner,
operation of a transmitter site for wireless voice and data communications. its officers,agents and employees and to hold them harmless from any and all
SSLP shall cause all construction to occur lien-free with regard to the liability, causes of action, claims, losses, damages,judgments or other costs
premises and in compliance with all applicable laws and ordinances. The or expenses including attorneys' fees and witness fees and witness costs (at
improvements, equipment and fixtures, shall remain the exclusive property of both trial and appeal level, whether or not a trial or appeal ever takes place)
SSLP. SSLP shall not make any material alterations to the improvements that may be asserted by any person or entity which in any way arise from,
without obtaining Owner's prior written consent, which consent shall not be during or in connection with the installation, use, maintenance, repair of
unreasonably denied. If Owner does not respond in writing to SSLP within 10 removal of the antenna and related facilities installed pursuant to this
days following SSLP's request for consent, such request will be deemed to Agreement, except for liability or claims arising from the sole negligence or
have been approved by Owner. City will consent as Owner to SSLP's intentional acts of Owner,its employees or agents.
applications for land use approvals. Notwithstanding the foregoing, this 14. Hazardous Substances. Owner represents that it has no knowledge of
Agreement shall not become effective unless and until SSLP obtains a any substance,chemical or waste(collectively,"substance")on the Site that is
conditional use permit in accordance with the requirements of the City of identified as hazardous, toxic or dangerous in any applicable federal, state or
Tigard zoning ordinance. Nothing in this Agreement shall require Owner to local law or regulation. SSLP shall not introduce or use any such substance
grant a conditional use permit. Upon termination or expiration of this on the Site in violation of any applicable law.
Agreement, SSLP may remove its equipment and improvements and will }}
restore the Site to the condition existing on the Commencement Date and to
the reasonable satisfaction of the Owner. SSLP covenants that its entry into }}
and signature upon this Agreement does not violate any condition of approval }}
in any land use action required to place the facilities subject to this }}
Agreement.
8. Compliance with Laws. Owner represents that Owner's property }}
(including the Site), and all improvements located thereon, are in compliance }}
with building, lifelsafety, disability and other laws, codes and regulations of
PCS SITE AGREEMENT
Site Name: TIGARD Site I.D. 047C
Page 2 of 2
15. Subordination and Non-Disturbance. This Agreement is subordinate to
any mortgage or deed of trust now of record against the Site. However,
promptly after this Agreement is fully executed, Owner will request the holder
of any such mortgage or deed of trust to execute a non-disturbance
agreement and Owner will cooperate with SSLP toward such end to the extent
that such cooperation does not cause Owner additional financial liability or
administrative expense.
16.Co-location..'The Tualatin-Valley Fire and Rescue and the City of Tigard
shall have an option to co-locate emergency communication systems on
SSLP's monopole so long as such installation does not interfere with SSLP's
operation and use of the Site. SSLP agrees that it shall not charge any rent to
the Tualatin-Valley Fire and Rescue and/or the City of Tigard for such co-
location.
17. Miscellaneous. (a) This Agreement applies to and binds the heirs,
successors, executors, administrators and assigns of the parties to this
Agreement:(b) This Agreement is governed by the laws of the State in which
the Site is located; (c) If requested by SSLP, Owner agrees promptly to
execute and deliver to SSLP a recordable Memorandum of this Agreement in
the form of Exhibit B; (d) This Agreement(including the Exhibits)constitutes
the entire agreement between the parties and supersedes all prior written and
verbal agreements, representations, promises or understandings between the
parties.Any amendments to this Agreement must be in writing and executed
by both parties; (e) If any provision of this Agreement is invalid or
unenforceable with respect to any party, the remainder of this Agreement or
the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, will not be affected and each provision of this
Agreement will be valid and enforceable to the fullest extent permitted by law;
and (f) The prevailing party in any action or proceeding in court or mutually
agreed upon arbitration proceeding to enforce the terms of this Agreement is
entitled to receive Its reasonable attorneys' fees and other reasonable
enforcement costs and expenses from the non-prevailing party.
The following Exhibits are attached to and made a part of this
Agreement: Exhibits A and B.
OWNER: TIGARD WATER DISTRICT, a politi I subdivision of the
State-,of Oregon
By �
Its: Tigard City Administrator
S.SJTax No: 93-0503940
Address: 13125 SW Hall Blvd.,Tigard,OR 97223
Date:
SPRINT SPECTRUM L Delaware limited partnership
By:
Its: i
Address: 7770 S.W.Mohawi<.Bldg.'F',Tualatin,OR 970/62
Date:
EXHIBIT A -
Site Name: TIGARD Site Description Site I. D. 047C
Legal Description: A portion of the following described real estate as shown in the attached site sketch:
Site situated in the City of Tigard, County of Washington, State of Oregon, commonly described as follows:
PARCH I-V:
A parcel of land in the Southeast one quarter, of the Northeast one quarter of
Section 2, Township 2 South, Range 1 Palest of the Willamette Meridian, county of
Washington, State of Oregon, in the City of Tigard, being more particularly described
as follows:
BEGINNING at the most Easterly corner of that property conveyed to Joseph W. Davis
and described by Deed recorded August 23, 1966 in Book 612, , Page 441, Washington
County Records, said point being on the Southerly right of way line of the • Oregon
Electric Railway Co.; thence S40007132-E following said Southerly right of Bray 115.82
feet to the most Easterly corner of that property conveyed to James R. McGee and :
described by deed recorded January 30, 1973 in Book 907, Page 324, Washington;;:,County
Deed Records; thence S44050.11-W following the Southeasterly line of said McGee
property 80.31 feet; thence N40o07'32"W 115.84 feet to a point on the Southeasterly
line of said Davis property; thence N44050111"E following said Southeasterly line
8x.31 feet to the Point of Beginning,
Owner Initials lam)
SSLP Initials
Owner and SSLP may,at SSLP's option,replace this Exhibit with an exhibit setting forth the legal description of the property on
which the Site is located and/or an as-built drawing depicting the Site.
EXHIBIT A
Site Name: TIGARD Site Description Site I. D. 047C
Sketch of Site:
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Owner Initials f
SSLP Initials
Owner and SSIP may,at SSLP's option,replace this Exhibit with an exhibit setting forth the legal description of the
property on which the Site is located and/or an as-built drawing depicting the Site.
EXHIBIT A
Site Name: TIGARD Site Description Site I. D. 047C
Sketch of Site:
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Owner Initials
SSIP Initials
Owner and-SStP may,at SSLP's option,replace this Exhibit with an exhibit setting forth the legal description of the
property on which the Site is located and/or an as-built drawing depicting the Site.
EXHIBIT A
Site Name: TIGARD Site Description Site i. D. 047C
Sketch of Site:
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Owner Initials
SSLP Initials j
Owner and SSCP may,at SSLP's option,replace this Extdbit vOth an exhibit setting forth the legal description of the
property on which the Site is located and/or an as-built drawing depicting the Site.
EXHIBIT B
Site Name: Tigard PCS Site Agreement Site I. D. 047C
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement
dated May 15, 1996 , between Tigard Water District, a political subdivision of the state of Oregon("Owner )
and Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), the terms and conditions of which are
incorporated herein by reference.
Such Agreement provides in part that Owner leases to SSLP a certain site("Site")located at 8777 SW
Bumham St., City of Tigard, Countyof Washington, State of Oregon,within the property of Owner which is
described in Exhibit A attached hereto,with grant of easement for unrestricted rights of access thereto and
to electric and telephone facilities for a term of five(5)years commencing on
1996,which term is subject to four(4)additional five(5)year extension periods by SSLP.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above
written.
OWNER: TIGARD WATER DISTRICT,
a political subdivision of the
StateofOregon
By: �
Name: A . M o Ai,4
Title: r AZA NIJt/4-q�0
Address: /3/2 S-.SL,) �4,4-// Q/Ud
SSLP: SPRINT SPECTRUM L.P.,
a Delaware limited partnership
By:
Name:
Title:
Address:
EXHIBIT A
Site Name: TIGARD to Site I. D. 047C
MEMORANDUM OF PCS SITE AGREEMENT
Legal Description: A portion of the following described real estate as shown in the attached site sketch:
Site situated in the City of Tigard, County of Washington,State of Oregon, commonly described as follows:
PARCEL IV:
A parcel of land in the Southeast one quarter, of the Northeast one quarter of
Section 2, Township 2 South, Range 1 West of the Willamette meridian, County of
Washington, State of Oregon, in the City of Tigard, being more particularly described
as follows:
BEGINNING at the most Easterly corner of that property conveyed to Joseph W. Davis
and described by Deed recorded August 23, 1966 in Book 612, . Page 441, Washington
County Records, said point being on the Southerly right of way line of the Oregon
Electric Railway Co.; thence 540007.321E following said Southerly right of Bray 115.82
feet to the most Easterly corner of that property conveyed to James R. McGee and
described by deed recorded January 30, 1973 in Book 907, Page 324, Washington County
Deed Records; thence 944050`11"W following the Southeasterly line of said McGee
Property 80.31 feet; thence N40007'32"W 115.84 feet to a point on the Southeasterly
line of said Davis property; thence Pi44050111"E following said Southeasterly line
80.31 feet to the Point of Beginning,
Owner Initials ioel-�
SSLP Initials
STATE OF OREGON
COUNTY OF )AIGLS hl n�40"-I
f { )
The foregoing instrument was acknowledged before me this / 5 day of
x'194 19Q(0 ,by W tI Do7, an
OFFICIAL SEAL CiL� �>� ✓� ��
CATHERINE WHEATLEY (OFFICIAL NOTARY SIGNATURE)
NOTARY PUSLIC•OREGON
COMMISSION NO.042176 NOTARY PUBLIC FOR STATE OF OREGON
MY CQMMISSION EXPIRES MAY 10.1999
A e r cd h-ecIi �- 1
My commission expires: f io1 G 9 (PRINTED,TYPED OR STAMPED NAM OF NOTARY)
STATE OF OREGON
COUNTY OF
The foregoing instrument was acknowledged before me this day of
19 ,by
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC FOR STATE OF OREGON
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
PCS SITE AGREEMENT
Site Name: TIGARD Site I.D. 047C
1. Premises and Use.Owner leases to Sprint Spectrum L.P.,a Delaware applicable governmental authorities.SSLP will comply with all applicable laws
limited partnership("SSLP")the site described below: relating to its possession and use of the Site.
[Check appropriate box(es)] 9. Interference. SSLP shall not use the Site in any way which interferes with
p Real property consisting of approximately 1600 square feet of land; the use of the property by Owner, or tenants or licensees of Owner, or with
p Building interior space consisting of approximately square feet; rights to the property prior in time to SSLP's (subject to SSLP's rights under
p Building exterior space for attachment of antennas; this Agreement, including without limitation, noninterference). Similarly,
0 Building exterior space for placement of base station equipment; Owner shall not use, nor shall Owner permit its tenants, licensees,
❑Tower antenna space; employees,invitees or agents to use,any portion of Owner's properties in any
❑Space required for cable runs to connect PCS equipment and antennas, way which interferes with the operations of SSLP. In addition, if, at any time
in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive during this Agreement, it is determined that there is identifiable interference
easement for reasonable access thereto and to the appropriate, in the between SSLP's electronic equipment and any of Owner's electronic
discretion of SSLP, source of electric and telephone facilities.The Site will be equipment, SSLP shall be solely responsible for the timely resolution of all
used by SSLP for the purpose of Installing, removing, replacing, maintaining interference concerns that are directly attributable to SSLP's use, at SSLP's
and operating, at its expense, a personal communications service system sole expense. This requirement applies to Owner's electronic equipment
facility ("PCS"), including, without limitation, related antenna equipment and regardless of its location. In the event that SSLP is unable to satisfactorily
fixtures. SSLP will use the Site in a manner which will not unreasonably resolve all interference concerns within a reasonable period of time, SSLP
disturb the occupancy of Owner's other tenants. may be required to terminate all operations under this Agreement
2. Term. The term of this Agreement (the "Initial Term") is five years, immediately. Failure to cure such•interference within a reasonable period of
commencing on the date ("Commencement Date") SSLP signs this time shall be deemed a material breach by the interfering party, who shall,
Agreement. This Agreement will be automatically renewed for four (4) upon notice from the other, be responsible for terminating said interference.
additional terms (each a "Renewal Term") of five years each, unless SSLP In the event any such interference does not cease promptly upon notice, the
provides Owner notice of intention not to renew not less than 90 days prior to parties acknowledge that continuing interference may cause irreparable injury
the expiration of the Initial Term or any Renewal Term. and therefore the injured party shall have the right, in addition to any other
3. Rent.Rent in the amount of$11,400.00 will be paid annually beginning the rights that it may have at law or in equity, to bring action to enjoin such
earlier of(a)the date which is thirty(30)days after the Issuance of a building Interference or to terminate this Agreement immediately upon written notice.
permit for Installation of the PCS, or (b) the first day of the month following 10. Utilities. Owner represents that utilities adequate for SSLP's use of the
commencement of physical preparation of the Site. Thereafter, the annual site are available. SSLP will pay for all utilities used by it at the Site. Owner
rent will be paid on or before each anniversary of the Commencement Date, will cooperate with SSLP in SSLP's efforts to obtain utilities from any location
partial years to be prorated. The annual rent for each Renewal Term will be provided by Owner or the servicing utility,
the annual rent in effect for the final year of the Initial Term or prior Renewal 11. Termination. SSLP may terminate this Agreement by notice to Owner
Term, as the case may be, increased by twenty percent (20%). In addition, without further liability if SSLP does not obtain all permits or other approvals
SSLP will pay the sum of$100 to owner on the Commencement Date. (collectively, "approval") required from any governmental authority or any
4. Title and Quiet Possession. Owner represents and agrees (a) that it Is easements required from any third party to operate the PCS system, or if any
the Owner of the Site; (b)that it has the right to enter into this Agreement; such approval is canceled, expires or is withdrawn or terminated, or if Owner
(c)that the person signing this Agreement has the authority to sign; (d)that fails to have proper ownership of the Site or authority to enter into this
SSLP is entitled to access to the Site at all times and to the quiet possession Agreement,or if SSLP,for any other reason,In its sole discretion,determines
of the Site throughout the Initial Term and each Renewal Term so long as that It will be unable to use the Site for its intended purpose.Upon termination,
SSLP is not in default beyond the expiration of any cure period; and (e)that all prepaid rent shall be retained by Owner. Further, Owner may terminate
Owner shall not have unsupervised access to the Site or to the PCS this Agreement without cause at any time after the third Renewal Term of this
equipment. Agreement,upon one year's written notice by Owner to SSLP.
5. Assignment/Subletting. SSLP will not assign or transfer this Agreement 12. Default. If either party is in default under this Agreement for a period of
or sublet all or any portion of the Site without the prior written consent of (a) 10 days following receipt of notice from the non-defaulting party with
Owner, which consent will not be unreasonably withheld, delayed or respect to a default which may be cured solely by the payment of money,or
conditioned; provided, however, SSLP may assign or sublet without Owner's (b) 30 days following receipt of notice from the non-defaulting party with
prior written consent to any party controlling, controlled by or under common respect to a default which may not be cured solely by the payment of money,
control with SSLP or to any party which acquires substantially all the assets of then, in either event, the non-defaulting party may pursue any remedies
SSLP available to it against the defaulting party under applicable law, including, but
6. Notices.All notices must be in writing and are effective when deposited in not limited to, the right to terminate this Agreement. If the non-monetary
the U.S. mail, certified and postage prepaid, or when sent via overnight default may not reasonably be cured within a 30 day period, this Agreement
delivery,to the address set forth below,or as otherwise provided by law. may not be terminated if the defaulting party commences action to cure the
7. Improvements. SSLP shall have the right, at its expense to erect and default within such 30 day period and proceeds with due diligence to fully cure
maintain the Site improvements, personal property and facilities, in a the default.
configuration consistent with that set forth in the attached Exhibit A for the 13. Indemnity.SSLP agrees to hold harmless,indemnify and defend Owner,
operation of a transmitter site for wireless voice and data communications. its officers,agents and employees and to hold them harmless from any and all
SSLP shall cause all construction to occur lien-free with regard to the liability, causes of action, claims, losses, damages,judgments or other costs
premises and in compliance with all applicable laws and ordinances. The or expenses including attomeys'fees and witness fees and witness costs (at
improvements, equipment and fixtures, shall remain the exclusive property of both trial and appeal level, whether or not a trial or appeal ever takes place)
SSLP. SSLP shall not make any material alterations to the improvements that may be asserted by any person or entity which in any way arise from,
without obtaining Owner's prior written consent, which consent shall not be during or in connection with the installation, use, maintenance, repair of
unreasonably denied. If Owner does not respond in writing to SSLP within 10 removal of the antenna and related facilities installed pursuant to this
days following SSLP's request for consent, such request will be deemed to Agreement, except for liability or claims arising from the sole negligence or
have been approved by Owner. City will consent as Owner to SSLP's intentional acts of Owner,its employees or agents.
applications for land use approvals. Notwithstanding the foregoing, this 14. Hazardous Substances. Owner represents that It has no knowledge of
Agreement shall not become effective unless and unfit SSLP obtains a any substance,chemical or waste(collectively,"substance")on the Site that Is
conditional use permit in accordance with the requirements of the City of identified as hazardous, toxic or dangerous in any applicable federal, state or
Tigard zoning ordinance. Nothing in this Agreement shall require Owner to local law or regulation. SSLP shall not introduce or use any such substance
grant a conditional use permit. Upon termination or expiration of this on the Site in violation of any applicable law.
Agreement, SSLP may remove its equipment and improvements and will 11
restore the Site to the condition existing on the Commencement Date and to
the reasonable satisfaction of the Owner. SSLP covenants that its entry into
and signature upon this Agreement does not violate any condition of approval 11
in any land use action required to place the facilities subject to this 11
Agreement. 11
8. Compliance with Laws. Owner represents that Owner's property
(Including the Site), and all improvements located thereon, are in compliance 11
with building, life/safety, disability and other laws, codes and regulations of
PCS SITE AGREEMENT
Site Name: TIGARD Site I.D. 047C
Page 2 of 2
15. Subordination and Non-Disturbance. This Agreement is subordinate to
any mortgage or deed of trust now of record against the Site. However,
promptly after this Agreement is fully executed, Owner will request the holder
of any such mortgage or deed of trust to execute a non-disturbance
agreement and Owner will cooperate with SSLP toward such end to the extent
that such cooperation does not cause Owner additional financial Ilability,or
administrative expense.
16.Co-location.. The Tualatin-Valley Fire and Rescue and the City of Tigard
shall have an option to co-locate emergency communication systems on
SSLP's monopole so long as such installation does not interfere with SSLP's '
operation and use of the Site. SSLP agrees that it shall not charge any rent to
the Tualatin-Valley Fire and Rescue and/or the City of Tigard for such co-
location.
17. Miscellaneous. (a) This Agreement applies to and binds the heirs,
successors, executors, administrators and assigns of the parties to this
Agreement;(b) This Agreement is governed by the laws of the State in which
the Site is located; (c) If requested by SSLP, Owner agrees promptly to
execute and deliver to SSLP a recordable Memorandum of this Agreement in
the form of Exhibit B; (d) This Agreement(including the Exhibits)constitutes
the entire agreement between the parties and supersedes all prior written and
verbal agreements, representations, promises or understandings between the
parties. Any amendments to this Agreement must be in writing and executed
by both parties; (e) If any provision of this Agreement is invalid or
unenforceable with respect to any party, the remainder of this Agreement or
the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, will not be affected and each provision of this
Agreement will be valid and enforceable to the fullest extent permitted by law;
and (f) The prevailing party In any action or proceeding in court or mutually
agreed upon arbitration proceeding to enforce the terms of this Agreement is
entitled to receive its reasonable attorneys' fees and other reasonable
enforcement costs and expenses from the non-prevailing party.
The following Exhibits are attached to and made a part of this
Agreement: Exhibits A and B.
OWNER: TIGARD WATER DISTRICT, a political subdivision of the
State of Oregon
By:
Its: Tigard City Administrator
S.S./Tax No: 93-0503940
Address: 13125 SW Hall Blvd.,Tigard,OR 97223
Date:
SPRINT SPECTRUM L.P.,a Delaware limited partnership
By:
Its:
Address: 7770 S.W.Mohawk,Bldg."F",Tualatin,OR 97062
Date: