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2003-204706 ~ Gallo Avenue ~ Tigard Street RECEIVED ,JAN `?. 6 2004 Vert pwireless BY: Verizon Wireless 5430 NE 122nd Avenue Portland,OR 97230 January 26, 2004 City of Tigard Attn: Diane Jelderks 13125 SW Hall Blvd. Tigard, OR 97223 Re: POR PECAN-1 /Memorandum of Easement Dear Ms. Jelderks: Enclosed please find one fully executed copy of the Memorandum of Easement from Verizon Wireless for your files. If you have any questions please contact me at 503-408-3413. Sincerely, It / Anna Lee Administrative Assistant Real Estate, Engineering, and Construction Enclosure: Memorandum of Easement(1 Copy) ;hIngton County,Oregon 2003.204706 1' '2003 10:28:06 AM D Cnta1 Etna11 C PFEIFER $25.00$6.00$11.00•Total a$42.00 1111111111111 11111111 111 11 11111111 11111 00503038200302047060050059 I,Jerry Hanson,Director of Asssssmint and Taxation f and Ex-Officio County Clerk for Washington County, ?Z Oregon,do hereby ceRlly that the within Instrument of "^:441..,,.q. = writing was ncelved and recorded In,Ithe book of FILED FOR RECORD AT REQUEST OF records°f said county. AND WHEN RECORDED RETURN TO: Jerry R.Hanson,Director merit and Taxation, EX-OffIclo County Cleft Verizon Wireless • Attn: Network Real Estate- M/S 221 3350 161st Avenue SE Bellevue, WA 98008 (Site Name: PORPECAN) ORIGINAL Memorandum of Easement Grantor: The City of Tigard, an Oregon municipal corporation Grantee: Verizon Wireless (VAW)LLC d/b/a Verizon Wireless Legal Description: Tract "A". CASCADIAN PLACE, in the City of Tigard County of Washington. State of Oregon Official legal description as Exhibit A Assessor's Tax Parcel ID#: R2116945/12400 Reference# (if applicable): N/A 13E1.241199v 1 52051-2397 Bellevue/09/03/03/PORPECAN IIltIlIIIII iil II lIII 2003-204706 SITE NAME: PORPECAN MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT("Memorandum") evidences that a Grant of Easement was entered into as of 5 . 18 , 2C by and between The City of Tigard, an Oregon municipal corporation ("Grantor"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Grantee"), for certain real property located in Washington County, State of Oregon, within the property of Grantor, which property and easement are described in Exhibit "A" attached hereto. IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Memorandum of Easement as of the day and year last below written. GRANTOR: The City of Tigard, an Oregon municipal corporation BY: Q: rD BY: f-•175 /A - DUBS Date: 0--et- t g 20.03 GRANTEE: Veriz it ss(VAW)LLC d/b/a Verizon Wireless BY: Robert F. Swaine West Area Vice President-Network Date: /7- / 7 — d, Exhibit A— Property Legal Description/Easement BEL 241 199..1 52051-2397 Bellevue/09/03/03/PORPECAN 1 IIItIlIII II MEI 2003-204706 CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) On this /0,41 day of`ex.a-rrl-1At-', 2003, before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Robert F. Swaine to me known to be an authorized representative of Verizon Wireless (VAW) LLC, a Delaware limited liability company, dba Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC dba Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �1 OPFICIALSEAL Print or Type Name: JANET LOEBS () ��'�L"� JANET LOEBS O •��. Norio -ARIZONA NotaryPublic in and for the State of AZ, residingat () '�"s�' MARICOPA COUNTY 'O:a, My Comm.Expires Dec.24,2006 r MARICOPA COUNTY My appointment expires: DEC.24,2006 111111111 IJI II ' Ill III 2003-204706 GRANTOR ACKNOWLEDGEMENT STATE OF Oreo o(1 ) ) ss. COUNTY OF t A iC(,,5�\inC(?VY1 ) On this IV' day of S0eMbec , 2003 before me, a Notary Public in and for the State of Oreo a n , personally appearedA-uqus•lin P. Nana,spersonally known to me(or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that He/She was authorized to execute the instrument, and acknowledged it as the 0,;-k7 ine fr of The City of Tigard,an Oregon municipal corporation, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 'r? OFFICIAL SEAL a CHERYL A CAINES ;: >j>>ea NOTARY PUBLIC-OREGON NOTA�BLIC in and for the State ofOR , w � / COMMISSION N0.371603 residing at --i--;co rcl 1 Ovec,ol1 MY COMMISSION EXPIRES AUG. 14,2007 My appointment expires A-Kclu ao s+ 14, o 7 Print Name J')er, / A . e4..-2,,,i e s BEL 2-11199v1 52051-2397 Bel levue/09/03/03/POR PECAN 2 IIIMI hili iii iii II MIII XO3-204706 EXHIBIT A PROPERTY LEGAL DESCRIPTION/EASEMENT 8 N 68Do9"07' w 72.75 • 120.92" 70.90' 1.• 6 u -t The easement area shall be 1.85'wide Verizon Wireless by 40' long, beginning at the north corner Leased Premises of Tract A, extending southward to provide access across Tract A to the Verizon Wireless - U leased premises as noted. 117.03' • P�1 A 0-43 U u U 88 71' • 0`. Gl o_ J Oj O 9- 0 8 a- 4 tr tl 0 co_ b1, J ti� f� )60, 8 <4.77 4 42.51' — — iii 91.28" 77.13" SW Tigard Street veri onwireless OVERNIGHT MAIL Verizon Wireless 5430 NE 122nd Avenue Portland,Oregon 97230 November 18, 2003 City of Tigard Attn: Diane Jelderks 13125 SW Hall Blvd. Tigard, OR 97223 Re: POR PECAN-1/Grant of Easement Dear Ms. Jelderks: Enclosed please find one fully executed original Grant of Easement and one original Memorandum. Verizon will send its original Memorandum for recording, and will provide the city with a copy, once it has been recorded. On behalf of Verizon Wireless, I would like to thank you for your cooperation and assistance in entering into this Agreement. We look forward to a long and mutually rewarding relationship. If you have any questions I can be reached at(503)408-3436. Sincerely, 4 to Lori Lagerstedt Real Estate Specialist enclosure: Grant of Easement (1 original) Memorandum(1 original) FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: Verizon Wireless Attn: Network Real Estate- M/S 221 3350 161st Avenue SE Bellevue. WA 98008 (Site Name: PORPECAN) ORIGINAL Memorandum of Easement Grantor: The City of Tigard. an Oregon municipal corporation Grantee: Verizon Wireless (VAW)LLC d/b/a Verizon Wireless Legal Description: Tract "A", CASCADIAN PLACE. in the City of Tigard County of Washington. State of Oregon Official legal description as Exhibit A Assessor's Tax Parcel ID#: R2116945/12400 Reference# (if applicable): N/A BEL 241199\1 52051-2397 Bellevue/09/03/03/PORPECAN SITE NAME: PORPECAN MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT(('Memorandum") evidences that a Grant of Easement was entered into as of j`• 18 . 2003 , by and between The City of Tigard, an Oregon municipal corporation ("Grantor"), and Verizon Wireless (VAW)LLC d/b/a Verizon Wireless ("Grantee"), for certain real property located in Washington County, State of Oregon. within the property of Grantor, which property and easement are described in Exhibit "A" attached hereto. IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Memorandum of Easement as of the day and year last below written. GRANTOR: The City of Tigard, an Oregon municipal corporation BY: BY: ALD S+i'n P - DcJ4e-S Date: SQ-e±- I S) 206)3 GRANTEE: Ver'zo eless (VAW)LLC d/b/a Verizon Wireless BY: Robert F. .waine West Area Vice President-Network Date: /l_/ 7 -OJ Exhibit A-Property Legal Description/Easement BEL 241199x1 52051-2397 Bellevue/09/03/03/PORPECAN 1 GRANTOR ACKNOWLEDGEMENT STATE OF Orel 0r) ) ) ss. COUNTY OF Oa ruo 5 f Drl ) On this /"day of Sel(" ec- , 2003 before me, a Notary Public in and for the State of Ore g o h , personally appearedA►tqusf .tnaspersonally known to me (or proved to rhe on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that/She was authorized to execute the instrument, and acknowledged it as the C;441 Ev I ne e of The City of Tigard,an Oregon municipal corporation, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. a- e - OF-F-ICTAL SEAL NOTAR PUBLIC in and for the Stat9 ofOlg , (4' CHERYL A CAINES residing at �lGt rd, OP4D. NOTARY PUBLIC-OREGON COMMISSION N0.371603 My appointment expires Au," . , a OU MY COMMISSION EXPIRES AUG. 14,2007 Print Name Ch e r`'l/ R , r!'a ;n e S BEL 241199v1 52051-2397 Bel levue/09/03/03/POR PECAN 2 CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) On this /1k/.41 day of'770wi-Kiat_i, 2003, before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Robert F. Swaine to me known to be an authorized representative of Verizon Wireless (VAW) LLC, a Delaware limited liability company, dba Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC dba Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ( 6F—F—ICT .sEAL Print or Type Name: JANE .WF.R T TS / 02N. NOTARYPUBLIC-ARIZONANotaryresiding;++" JANET LOESS Public in and for the State of AZ, at ) f "�'" MARICOPA COUNTY MARICOPA COUNTY My Comm.Expires Dec.24,2006 �`r �-.. My appointment expires: DEC.24,2006 EXHIBIT A PROPERTY LEGAL DESCRIPTION/EASEMENT N 88.09'07 W 7275 1 120.92' 70.90' ' U N The easement area shall be 1.85'wide Verizon Wireless by 40' long, beginning at the north corner Leased Premises of Tract A, extending southward to provide access across Tract A to the Verizon Wireless - w leased premises as noted. J � 117.03' • -43 O a' tO #. - • 88.71' 1-1 C `o. 4.r: d, O 174-� Nz O a8 p U (T i0 V .43 g 44.Tr42.51' — — � j 91.28' y� 77.13 F" SW Tigard Street • ORIGINAL GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement") is dated as of the /Dr day of...Q9/- 200 .pf203 , by The City of Tigard. an Oregon municipal corporation (hereinafter"Grantor"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (hereinafter "Grantee"). WHEREAS, Grantor is the owner of certain real property' in Washington County. State of Oregon, legally described in Exhibit "A" attached hereto (the "Property"). WHEREAS. Grantee is the owner of a leasehold estate in certain real property legally described in Exhibit "B" attached hereto (the "Leased Premises"), pursuant to a Land Lease Agreement dated Jw' 29. Zo02(the "Lease"), attached hereto as Attachment"1". WHEREAS, Grantee intends to build and maintain a telecommunications facility' on the Leased Premises. WHEREAS, Grantor has agreed to convey to Grantee an easement over, under and across the Property (the "Easement Area"), more particularly described in Exhibit"C" attached hereto and made a part hereof. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a non-exclusive easement over, under and across the Easement Area for the purposes of ingress and egress and for constructing, maintaining, operating, repairing and replacing utility lines, cables and conduits to and from the Leased Premises. a. Each party shall utilize its estate in a manner which will minimize interference with the other party's use of its estate. b. Upon completion of construction, Grantee shall restore the Easement Area to substantially its pre-existing condition. 2. Compensation. Commencing thirty (30) days after Grantee commences construction within the Easement Area(the "Compensation Commencement Date"), Grantee agrees to pay to Grantor a one-time non-refundable payment of Five Hundred Dollars ($500.00). 3. No Permanent Structures. Grantor hereby covenants for and on behalf of itself, its heirs, successors or assigns, that neither it, nor any of them, shall construct or permit to be constructed, any building or any other permanent structure within the Easement Site Name: PORPECAN 9'3 2003 REL 241145v2 52051-2397 Area, or make any permanent excavation, or permit any permanent excavation to be made within the Easement Area. 4. Term. The easement, rights, and privileges herein granted shall be for a term coinciding with the term of the Lease, including any renewals thereof, and shall, without any further action on the part of Grantor or Grantee,terminate immediately' upon the termination of said Lease. Upon termination of this Easement for any reason, at Grantor's request Grantee shall execute with acknowledgement and deliver a notice of termination in form suitable for recording in the official records of Washington County, Oregon. 5. Termination for Default. Upon Grantee's default hereunder, Grantor may deliver to Grantee a written notice of default, stating with specificity the nature of Grantee's default. If Grantee has not cured the default within a reasonable time(but not less than 30 days for a monetary default and 60 days for a non-monetary default) after receipt of the notice of default, Grantor may terminate this Easement effective immediately upon receipt by Grantee of Grantor's written notice of termination. 6. Indemnification. Grantee agrees to indemnify, defend and hold Grantor harmless from and against any direct injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from its use of the Easement Area, except to the extent attributable to the negligent or intentional act or omission of Grantor or its agent. 7. Insurance. Grantee will carry, at its own cost and expense, the following insurance: (i) commercial general liability insurance with a minimum limit of liability of $1,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (ii) Workers' Compensation Insurance as required by law. Grantee will name the Grantor as an additional insured under its commercial general liability policy. Notwithstanding anything in this Easement, with respect to all loss, damage, or destruction to a party's property (including rental value and business interruption) occurring during the term of this Easement, Grantor and Grantee hereby release and waive all claims (except for willful misconduct) against the other party and its employees, agents, officers, and directors. With respect to property damage, each party hereby waives all rights of subrogation against the other party, but only to the extent that collectible commercial insurance is available for said damage. 8. Assignment. This Easement may be sold, assigned or transferred by the Grantee without any approval or consent of the Grantor to the Grantee's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of Grantee's assets in the market defined by_ the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business Site Name: PORPECAN 9'3'2003 BEL 241145v2 52051-2397 2 reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the Grantee in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Easement may not be sold, assigned or transferred without the written consent of the Grantor, which such consent will not be unreasonably withheld or delayed. 9. Dominant and Servient Tenements. This Easement is granted for the benefit of the Leased Premises, and is appurtenant to the Leased Premises. The Leased Premises are the dominant tenement and the Property is the servient tenement. 10. Entire Agreement. This Easement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. 11. Binding Effect. This Easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Grantor and Grantee. 12. Amendments. Any modification or other termination of this Easement shall become effective only upon the execution by Grantor and Grantee of a written instrument. 13. Recording. Grantor agrees to execute a Memorandum of this Easement, and any amended Memorandum of Easement reflecting any material modifications to this Easement, which Grantee may record in the office of the County Clerk of Washington County, Oregon. 14. Attorneys Fees. If either party initiates or defends any legal action or proceeding against the other party in connection with this Easement,the prevailing party therein, in addition to any other relief which may be granted, will be entitled to recover form the losing party its reasonable costs and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal). [THIS SPACE IS INTENTIONALLY LEFT BLANK] Site Name: PORPEC.-\N 9'3 2003 BEL 241145v2 52051-2397 3 IN WITNESS WHEREOF.this Grant of Easement has been executed and delivered as of the day and year first above written. GRANTOR: The Cityff o �Tigard, an Oregon municipal corporation BY: C(At, 1 it . 1�L Name: A 0 s-4-i P • 170 e► 4.5 Title: c-` f r e rIn Date: 5e-- 1$,2 0©3 Tax ID#: GRANTEE: Ve • o • ess (VAW)LLC d/b/a Verizon Wireless BY: Robert F. Swaine West Area Vice President -Network Date: �-J ? -07 Site Name: PORPECAN 9 3.2003 EEL 241145v2 52051-2397 4 GRANTOR ACKNOWLEDGEMENT STATE OF 0 re&j or ) ss. COUNTY OF Vict-sk't10.1'n ) On this Ie`_day of.Sep-krAber , 20 03, before me, a Notary Public in and for the State of Dreg o., , personally appearedkos-kn P. Duenas, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated thateiShe was authorized to execute the instrument, and acknowledged it as the C1-4-ti Eny ine e r of The City of Tigard, an Oregon municipal corporation,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. OFFICIAL TEAL CHERYL Q CANES NOTA PUBLIC in and for the State of OR, �N residing at Tigard, Orel a n NOTARY PUBLI, OREGON COMMISSION NO.371603 My appointment expires A-ecisusf NI a 00 MY COMMISSION EXPIRES AUG. 14,2007 Print Name ei12 ry l Ac • ca_ine S Site Name: PORPECAN 9,32003 BEI,241145v2 52051-2397 5 CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) On this //'i A day of`eeu.e-mfbk., , 2003, before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Robert F. Swaine to me known to be an authorized representative of Verizon Wireless (VAW) LLC, a Delaware limited liability company, dba Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC dba Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. () t� OFFICIALSEAL t .0' ''' JANET LOESS d Print or ype Name: JANET LOESS GV " Notary Public in and for the State of AZ, residing at NOTARYPUBLIC-ARIZONA ( MARICOPA COUNTY ,, My Comm.Expires Dec Dec.24,2006 ; MARICOPA COUNTY 1`- -�, My appointment expires: DEC.24,2006 Exhibit A "The Property" Tract"A", CASCADIAN PLACE, in the City of Tigard, County of Washington and State of Oregon g 7Qs.00 7Z.ba ��3' -4D ,( iz, m 11800 12000 a 11900rn� :m 7 w 9 m8 ��:. 155.18 r" I1.o3 � 45.00 5.9: 67?9 .P To 11700 'sa9;o-nE • izso _ 1; . Su o�P�b• v 12963 y 35.04 36.89- .12 66. .. 9 It \ 11600dSq h w 5 • 12100 cl12200 1C2;20 �.. .. 3.26 120.92 '-',- 10 11, r . CJ n r $� 11500 o j 400 . •. .. ., .. 4.1 O 120.12 1.05 AC n 589441-OOE 1, 11400 = 63 w 3 a A d 117.03 a' i 11300 d 600 L. ..dm r 2 a d Y C� h 104 AC 88rSITE ' t�..,� 112008 i a II II)I I i IP m 2400` Y 1 r `_ N A O . 5 44.77`_70 'Pte,4251 .: 190.90• ..\\\\\\\\\IC\\\\\ Ensr \\\\\\\\\\\\\,\\\\\\\\\\\\\\\\\ \\\\\\\\\?\\\\\\\\\\\\\-\\ 2 1 84-52 o ma'' 72.00 ® • 7800 93.08 c ,B 88.99 65:08 •�� 69.91 I ,3�.0 50• .9...„..„ ., 9%,,., I 2400 4800 ° $ 700 ''°- 2900 ZJ7 " "' 4900 2800 8400 d I 8 $ .0X3600 0 15 I 10 '° 5,1,..8 gt X7 96.57 .. 103.00 co " ' A 26 90.00 \\i\.\\\\\\\ Exhibit B "The Leases Premises" The Verizon Wireless Premises is a sixty five foot(65')by twenty five foot(25')area,containing approximately 1625 sq. ft, including a 15 foot wide ingress egress and utilities Easement to and from the Premises. 115' oriv.",77-7 25 O o r N 44 65' Residence "Tract A" Residence Driveway SW Tigard Street Exhibit C "The Easement" o 0 g 8 N 88'09'07' w 72.75 70.90• 1.. 120.92' • • . w u O N The easement area shall be 1.85'wide Verizon Wireless by 40' long, beginning at the north corner • Leased Premises of Tract A, extending southward to provide access across Tract A to the Verizon Wireless CA leased premises as noted. ; u r u 117.03' • T►t g 'a 0 U es N (.4_ 88.71' 1 ())/, �� • A JN "Tel 8 %I a .1' o :c U o bti g 44.77 e 9t 42.51' 77.13' 1 r SW Tigard Street ATTACHMENT "1" The"Lease" See Attached Site Name: PORPECAN 9,3/2003 BEL 241145v2 52051-2397 ORIGINAL SITE NAME: POR PECAN-/ LAND LEAS AGREEMENT 2 r O2 This Agreement, made this day of-r i-- 0 41between Larry R. Anderson and (pill Cynthia M. Anderson,husband and wife with their mailing address located at 11355 SW Tigard St, &Tigard, OR 97223, Social Security # (Larry) hereinafter designated LESSOR and / Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal office located at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the"Party." 50 ' Two Thousand ( 2000 ) 1. PREMISES. LESSOR hereby leases to LESSEE portion of that certain parcel of property (the entirety of LESSOR's property is referred to herein fter as the Property), located at 11355 SW Tigard St., Tigard, OR 97223, and being described as a 30' by 40'parcel containing Onc -Thousand Two Ilundred (1200) square feet, as shown on the Tax Map of the City of Tigard and ,��' being further described in Statutory Warranty Deed under recording number 84002537 as recorded ' riy in the Office of Washington County, State of Oregon, together with the non-exclusive right for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, / .. including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a Fifteen (15') foot wide right-of-way extending from the nearest public right-of-way, Tigard Street to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. 3. TERM.This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments will be due at an annual rental of 11111111111111111111111 Dollars 1111111111111ft to be paid in equal monthly installments on the first day of the month, in advance, to Larry and Cindy Anderson or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The Commencement Date is defined as the first(1st) day of the month following the date this Agreement is executed by the parties or the first (1st) day of the month following the date LESSEE is granted a building permit by the governmental agency charged with issuing such permits, whichever event occurs last. 1 C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 If permitted by the local utility company servicing the Property, LESSEE will install a separate meter for the measurement of its electric power and will pay for its own utilities used. If installation of a separate meter is not permitted by the utility, LESSEE shall pay for its own power consumption used thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount. As additional consideration for this Agreement, LESSEE further agrees to pay LESSOR the sum of Dollars /1111111111) which shall be due and payable upon the execution of this Agreement by the Parties and which shall be non-refundable. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five(5) year terms unless the LESSEE terminates it at the end of the then current term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension term shall be increased tollIMMIINIIIII011111111111111111.111MPW the second (2nd) five (5) year extension term shall be increased to ( the third (3rd) five (5) year extension term shall be increased to VIIIIRIFINNINIMINIElapaailimilarararpg and the fourth (4th) five (5) year extension term shall be increased to 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five(5) years and for five(5)year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to 115% of the annual rental payable with respect to the immediately preceding five(5)year term. 7. TAXES. LESSEE shall pay as additional rent any documented increase in real estate taxes levied against the leased Property which are directly attributable to the improvements constructed by LESSEE. LESSOR shall provide to LESSEE a copy of any notice, assessment or billing relating to real estate taxes for which LESSEE is responsible under this Agreement within ten (10) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any real estate taxes until LESSEE has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to provide to LESSEE a copy of any real estate tax notice, assessment or billing within the ten (10) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by LESSOR to LESSEE. 2 C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which LESSEE is wholly or partly responsible for payment under this Agreement. LESSOR shall reasonably cooperate with LESSEE in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document. 8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a communications facilities and uses incidental and all necessary appurtenances. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE(not including the access easement). All improvements shall be at LESSEE's expense and the installation of all improvements shall be at the discretion and option of the LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its equipment or any portion thereof,whether the equipment is specified or not on any exhibit attached hereto, during the term of this Agreement. LESSEE will maintain the Premises in a good condition reasonable wear and tear excepted. LESSOR will maintain the Property, excluding the Premises, in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to use the Premises for its intended purposes or the LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of the LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by the LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, all the Parties shall have no further obligations including the payment of money,to each other. 9. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Premises or the Property by the Party, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts or omissions of the other Party, or its servants or agents. 3 C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 10. INSURANCE. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the premises or to property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the parties and they shall also apply to any claims under or through either party as a result of any asserted right of subrogation. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain comprehensive general liability and property liability insurance with liability limits of not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR agrees that LESSEE may self-insure against any loss or damage which could be covered by a comprehensive general public liability insurance policy. All policies of insurance covering property damage obtained by either party concerning the Property shall waive the insurer's right of subrogation against the other party. 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, and provided LESSEE is not in default hereunder and shall have paid all rents and sums due and payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of this Agreement provided that three (3) months prior notice is given the LESSOR. 12. INTERFERENCE. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such radio equipment that is of the type and frequency which will not cause measurable interference the existing equipment of the LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this paragraph and therefore, LESSEE shall have the right to equitable remedies, such as,without limitation, injunctive relief and specific performance. 13. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within ninety (90) days, remove its building(s), antenna structure(s) (except footings), fixtures and all personal property and otherwise restore the Premises to its original condition,reasonable wear and tear and casualty excepted. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal property of the LESSEE and the LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term,until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 14. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale 4 C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of the LESSEE in and to such right-of-way. 15. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have,hold and enjoy the Premises. 16. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens,judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by the LESSEE as set forth above. 17. INTEGRATION. It is agreed and understood that this Agreement contains all agreements,promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not effect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 18. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State in which the Property is located. 19. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld or delayed. LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns,heirs and legal representatives of the respective parties hereto. 20. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, 5 C:\windows\TEMP\PORPECAN VZw_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Larry and Cindy Anderson 11355 SW Tigard St. Tigard, OR 97223 Telephone: 503-639-6036 LESSEE: Verizon Wireless (VAW)LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 21. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto. 22. SUBORDINATION AND NON-DISTURBANCE. At LESSOR's option, this Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, every such mortgage or other security interest shall recognize the validity of this Agreement in the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage or other security interest, the LESSOR immediately after this Agreement is executed, will obtain and furnish to LESSEE, a non-disturbance agreement for each such mortgage or other security interest in recordable form. In the event the LESSOR defaults in the payment and/or other performance of any mortgage or other security interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or security interest and the LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 23. RECORDING. LESSOR agrees to execute a Memorandum of this Lease Agreement which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either term or rent payments. 24. DEFAULT. In the event there is a default by the LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the LESSOR shall give LESSEE written notice of such default. After receipt of such written notice, 6 C:\windows\TEMP\PORPECAN VZW 7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 the LESSEE shall have fifteen(15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The LESSOR may not maintain any action or effect any remedies for default against the LESSEE unless and until the LESSEE has failed to cure the same within the time periods provided in this Paragraph. 25. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of the LESSEE. b. LESSOR shall hold LESSEE harmless and indemnify the LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by the LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by the LESSEE. 26. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Lease upon fifteen (15) days written notice to LESSOR. Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. Notwithstanding the foregoing, all rental shall abate during the period of repair following such fire or other casualty. 7 C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 27. CONDEMNATION. In the event of any condemnation of the Property, LESSEE may terminate this Lease upon fifteen (15) days written notice to LESSOR if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty- five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Lease. 28. SUBMISSION OF LEASE. The submission of this Lease for examination does not constitute an offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties. If any provision herein is invalid, it shall be considered deleted from this Lease and shall not invalidate the remaining provisions of this Lease. Each of the Parties hereto warrants to the other that the person or persons executing this Lease on behalf of such Party has the full right, power and authority to enter into and execute this Lease on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Lease. 29. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with the LESSEE regarding any compliance required by the LESSEE in respect to its use of the Premises. 30. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 31. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 8 C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: Larry R. Anderson and Cynthia M. Anderson BY: defia.._ any R. Anderson BY: C thia M. Anderson LESSEE: Verizon Wireless(VAW)LLC d/b/a Verizon Wireless BY: Robert F. Swaine West Area VP,Network 9 C:\windows\TEMP\PORPECAN VZw_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 6Qrf)nJ9� On I'o9 9- G , before me, i Arai Y0 (//S Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared Robert F. Swaine Name(s)of Signer(s) 0 personally known to me [$j proved to me on the basis of satisfactory evidence -�+.. CAROLYN J.WILSON Commission 1284499 [ To be the person(s) whose name(s) is/are - : i Notary Public-California �-. ; subscribed to the within instrument and rt/ orange Countyacknowledged to me that he/she/they executed the MyComm.Expires Dec 15,2004 same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (. 1.4.7d9o7L) Place Notary Seal Above Name Titlee Officer(e.g.,"Jane Doe,Notary Public") OPTIONAL v Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer RIGHT THUMBPRINT Signer's Name: OF SIGNER ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—0 Limited 0 General ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 LESSOR ACKNOWLEDGEMENT STATE OF ��'` ) COUNTY OF WAS A-1''�6-�") ) ss. On this 6 day ofP 1 '1(Z 20 01,before me, a Notary Public in and for the State of oize4- 3 , personally appeared Larry R. Anderson, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereun • set my hart• and official seal the day and year 4 first above written. ,/.a c.�[. •TA'a' PU: IC in and for the State of_Cr 1'1 cryA,vOFFICIAL SEAL residin: t `1'�AMY L DAVENPORT �NOTARYPUBLIC-OREGON My appointment expires Q `t; 2 --COMMISSIONNO.339117 q1 MY COMMISSION EXPIRES OCT 4, 2004 2,0u-4-- Print Name rTILt y DA Vint PD2T LESSOR ACKNOWLEDGEMENT STATE OF d g E G1/‘) ) f�-�/tS��N -'�N ) ss. COUNTY OF ) On this 6 day of120144VZ , 2001,before me, a Notary Public in and for the State of 0 i (v-a u , personally appeared Cynthia M. Anderson, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. / ik, .- S TA'i PU:LIC in and for the State of I�°�d� fl � OFFICIAL SEAL residin_ at ,�Gi&11C,'`t �IAMY L DAVENPORTMy appointment ex ires OC-t 4T �-oo4-- NOTARY PUBLIC-OREGON COMMISSION NO.339117 Print Name v expires Ole-T MY COMMISSION EXPIRES OCT 4, 2004 10 C:\windows\TEMP\PORPECAN VZW_7-1-01_LAND-LEASE Rev.doc Bellevue/12/04/01 7 E'7E/ N Site Name: PORPECAN-1 AMENDMENT TO LAND LEASE AGREEMENT This AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is made this 2L day of NOVrai.SCAg 2002, between Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, as "Lessee" and Larry R. Anderson and Cynthia M. Anderson, as tenants by the entirety, as "Lessor." RECITALS A. This Amendment pertains to that certain Land Lease Agreement dated January 29, 2002, together with all exhibits, amendments and addenda thereto (collectively, the "Agreement") for the lease of certain premises ("Premises") located at 11355 SW Tigard St., City of Tigard, County of Washington, State of Oregon, on property legally described as set forth on Exhibit A, Legal Description, attached hereto and made a part hereof. B. The Parties wish to amend the Agreement to increase the rent, extend the Commencement Date and evidence the new location of Lessee's facility and access thereto. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: AGREEMENT 1. Recitals. The foregoing recitals are incorporated herewith as if fully set forth herein. 2. Commencement Date. The Commencement Date for the Agreement shall hereby be extended to June 1, 2003. 3. Rent. The annual rental amount for the initial term as indicated in Section 3 of the Agreement shall be increased to Dollars (F. 4. Extension Rentals. The following provision shall be substituted for in its entirety and replace the provision in Section 5 of the Agreement: The annual rental for the first (1st) five (5) year extension term shall be increased to 4111.1111111111111110MIIIMMOOMMINIMMINIMINIP the second (2nd) five (5) year extension term shall be increased to tuniim ); the third (3rd) five (5) f'DDOC'S,52051`Amrndnxea I'C)KNI_(:AN Amendment-doc 10 25 02 year extension term shall be increased to and the fourth (4th) five (5) year extension term shall be increased to Dollars 5. Lessee's Facility. The location of Lessee's facility and access thereto are hereby modified as described and depicted at Exhibit A attached hereto and made a part hereof. Exhibit A attached hereto shall replace the Agreement's Exhibit A. 6. City Sewer Connection. Lessor's existing residential structure shall be connected to the municipal sewer system at Lessee's sole expense; provided, however, Lessee shall have no obligation to make the sewer connection on Lessor behalf until construction of the facility is commenced. 7. Full Force and Effect. Except as expressly amended herein the Agreement is unmodified and remains in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall be controlling. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. LESSOR: LaR. Anderson and Cynthia M. Anderson BY: griYa arry R. Anderson A. BY: __Ai AFL'dk 21 .17 C thia M. Anderson LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless BY: Robert F. Swaine West Area Vice President, Network F. DOCS\52051 lmend ments\PORPFCAN Amend went_doe 10/25'02 2 11/18/03 TUE 11:32 FAX VERIZON WIRELESS 0 001 \\••••••••••••••••••••••••••••••00000„, \ - iiriZQp wireless _ _ 5430 NE 122N0 AVENUE, PORTLAND, OR 97230 To: DtQn� J.e 1 d er 1 S From: Lori Lagerstedt Phone: Phone: (503) 408-3436 Fax: 5o.3 'oa ' _0752 Fax: (503) 408-3488 Pages: raj Date: I -- 4 9-03 Regarding: D tangy„ The. C ovunS a smcd1 por-i-i on of- prb pert The That PX lZo45 GLCLe5s GESS h.e rl ce- heeal This telecopy transmission contains verizon witless confidential and/ or legal privileged information intended only for the addressee(s).if you are not an intended recipient,do not disclose,copy,distribute,or take any action in reliance on these documents.instead please notify us by telephone immediately to arrange for their return to us at no cost to you 11/18/03 TUE 11:32 FAX VERIZON WIRELESS VI 002 ORIGINAL GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement") is dated as of the /Pd'ly of 7; 2063 , by The City of Tigard, an Oregon municipal corporation (hereinafter "Grantor"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (hereinafter "Grantee"). WHEREAS, Grantor is the owner of certain real property in Washington County, State of Oregon, legally described in Exhibit "A" attached hereto (the "Property"). WHEREAS. Grantee is the owner of a leasehold estate in certain real property legally described in Exhibit "B" attached hereto (the "Leased Premises"), pursuant to a Land Lease Agreement dated Jun 2002.(the "Lease"), attached hereto as Attachment"1". WHEREAS, Grantee intends to build and maintain a telecommunications facility on the Leased Premises. WHEREAS, Grantor has agreed to convey to Grantee an easement over, under and across the Property (the "Easement Area"), more particularly described in Exhibit"C"attached hereto and made a part hereof. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a non-exclusive easement over, under and across the Easement Area for the purposes of ingress and egress and for constructing, maintaining, operating, repairing and replacing utility lines, cables and conduits to and from the Leased Premises. a. Each party shall utilize its estate in a manner which will minimize interference with the other party's use of its estate. b. Upon completion of construction, Grantee shall restore the Easement Area to substantially its pre-existing condition. 2. Compensation. Commencing thirty (30)days after Grantee commences construction within the Easement Area(the "Compensation Commencement Date"), Grantee agrees to pay to Grantor a one-time non-refundable payment of Five Hundred Dollars ($500.00). 3. No Permanent Structures. Grantor hereby covenants for and on behalf of itself; its heirs, successors or assigns, that neither it, nor any of them, shall construct or permit to be constructed, any building or any other permanent structure within the Easement Site Name: PORPECAN 9-";200. Bail_.241145v2 52051-2397 11/18/03 TUE 11:33 FAX VERIZON WIRELESS 2n003 Area, or make any permanent excavation, or permit any permanent excavation to be made within the Easement Area. 4. Term. The easement, rights, and privileges herein granted shall be for a term coinciding with the term of the Lease, including any renewals thereof, and shall, without any further action on the part of Grantor or Grantee, terminate immediately upon the termination of said Lease. Upon termination of this Easement for any reason, at Grantor's request Grantee shall execute with acknowledgement and deliver a notice of termination in form suitable for recording in the official records of Washington County, Oregon. 5. Termination for Default. Upon Grantee's default hereunder,Grantor may deliver to Grantee a written notice of default, stating with specificity the nature of Grantee's default. If Grantee has not cured the default within a reasonable time(but not less than 30 days for a monetary default and 60 days for a non-monetary default)after receipt of the notice of default, Grantor may terminate this Easement effective immediately upon receipt by Grantee of Grantor's written notice of termination. 6. Indemnification. Grantee agrees to indemnify, defend and hold Grantor harmless from and against any direct injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from its use of the Easement Area, except to the extent attributable to the negligent or intentional act or omission of Grantor or its agent. 7. Insurance. Grantee will carry, at its own cost and expense, the following insurance: (i)commercial general liability insurance with a minimum limit of liability of $1,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and(ii) Workers' Compensation Insurance as required by law. Grantee will name the Grantor as an additional insured under its commercial general liability policy. Notwithstanding anything in this Easement, with respect to all loss, damage, or destruction to a party's property (including rental value and business interruption) occurring during the term of this Easement, Grantor and Grantee hereby release and waive all claims (except for willful misconduct) against the other party and its employees, agents, officers, and directors. With respect to property damage,each party hereby waives all rights of subrogation against the other party, but only to the extent that collectible commercial insurance is available for said damage. 8. Assignment. This Easement may be sold, assigned or transferred by the Grantee without any approval or consent of the Grantor to the Grantee's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of Grantee's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business Site Name: PORPECAN 9/3,2003 BEL 241145v2 52051-2+97 2 11/18/03 TUE 11:33 FAX VERIZON WIRELESS 004 reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the Grantee in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Easement may not be sold, assigned or transferred without the written consent of the Grantor, which such consent will not be unreasonably withheld or delayed. 9. Dominant and Servient Tenements. This Easement is granted for the benefit of the Leased Premises, and is appurtenant to the Leased Premises. The Leased Premises are the dominant tenement and the Property is the servient tenement. 10. Entire Agreement. This Easement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Easement are of no force and effect. 11. Binding Effect. This Easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Grantor and Grantee. 12. Amendments. Any modification or other termination of this Easement shall become effective only upon the execution by Grantor and Grantee of a written instrument. 13. Recording. Grantor agrees to execute a Memorandum of this Easement, and any amended Memorandum of Easement reflecting any material modifications to this Easement, which Grantee may record in the office of the County Clerk of Washington County,Oregon. 14. Attorneys Fees. If either party initiates or defends any legal action or proceeding against the other party in connection with this Easement,the prevailing party therein, in addition to any other relief which may be granted, will be entitled to recover form the losing party its reasonable costs and attorneys' fees(including its reasonable costs and attorneys' fees on any appeal). [THIS SPACE IS INTENTIONALLY LEFT BLANK] • Site Name: PORPECAN 9/3'2003 BEE 241145x2 52051-2397 3 11/18/03 TUE 11:34 FAX VERIZON WIRELESS 4t1005 IN WITNESS WHEREOF,this Grant of Easement has been executed and delivered as of the day and year first above written. • GRANTOR: The City of Tigard,an Oregon municipal corporation BY: a ., 1 . ]�L t,•a ,r�•�— Name P Title: C-`- Z E ►,^c.e-Y es Date: 5G-r1--- 18,z-pp3 Tax ID#: GRANTEE: Ve ' o • ess(VAW) LLC d/b/a Verizon Wireless BY: 1 Robert F. Swaine West Area Vice President-Network Date: p-) 2 --07 Sitc Name: PORPECAN 9-3;2003 DEL 241145v2 52051-2397 4 11/18/03 TUE 11:34 FAX VERIZON WIRELESS U006 GRANTOR ACKNOWLEDGEMENT STATE OF 0 re_9 or ) ss. COUNTY OFLJask;n14v,--) ) On this Ib day of Sep-kMber , 20 03, before me, a Notary Public in and for the State of Qre9 o n , personally appearedhmos-ki P. Pue'as, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that If'She was authorized to execute the instrument, and acknowledged it as the CI-1A1 F-rii i n e e r of The City of Tigard,an Oregon municipal corporation, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. // - 1-- OFFICIAL.SEALNOTA PUBLIC in and for the State of OR, CHERYL A CANES ' NOTARY PUBLIC OREGON residing at �gard, OreG9 o n COMMISSION NO.371603 My appointment expires Attfust is'� a oo MY COMMISSION DCPIRES AUG. 14,2007 Print Name C.k A,• CA. in 5 Site Name: Pt_)RPECAN 9';'200_ BEL 241145v2 52051-2397 5 11/18/03 TUE 11:34 FAX VERIZON WIRELESS I j007 CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) On this //251A day of`�eub►n.tiit. , 2003, before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Robert F. Swaine to me known to be an authorized representative of Verizon Wireless (VAW) LLC, a Delaware limited liability company, dba Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (YAW) LLC dba Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1 y�+�tf� ANETALSEAL Print or e Name: JANET LOEBS JANET LOEBS ype Notary Public in and for the State of AZ, residing at ( r3 MARICOPACOU24, d1 MARICOPA COUNTY My Comm.Expires Dec.24,2006 ; My appointment expires: DEC.24,2006 11/18/03 TUE 11:34 FAX VERIZON WIRELESS f]008 Exhibit A "The Property" Tract "A", CASCADIAN PLACE, in the City of Tigard, County of Washington and State of Oregon ,00 . 7 6 : k• ` , . a 11800 W 11 12000 „ 8900 \ N;'m 7 m �� 155.16 c . 1143 174 30 45.00 . 5.3• 07 1g 11700 ,- sea.0-17E ..4..•,.12.50 12500�Su Po'ufa' v u y .1250 la's 6636 % ' `3s_0t 3699 1 y 11600 • 8„ 9 v 5 v I.% 12100 ; 12200 g 1x231020 r'„ G) . 3..26 120.82 10 .m- 11 r -, .. aD-- g 11500 . rc., 4 r- $ 4 1400 .,4.• .,w -- •.. 0 120.22 . 1.05 AC 0 - t tr,1 • r. i sea-aline ; 11400 z 3 ' vi{d 11743 .. a - e�M/ 6 `yL a 11300 OW L . r 2 ee} •' .. Y 'J a 1.04 AC r ? ♦� ¢ 8571 i t2� SITE -• V c- ' 0 11200 :, limmillow 2400�, 1 4%,. ,es 44.77 9 'P, 42.51 193.90 ' \\\\\\\\\t''\\\\\\ o EA-St \\\\SW\\\\\\\\\\\\\\\\\\\V •� \ \\i\\\\\\\\\\\\\\\\\\Vr\\\\\Ci\\\\\\\\\\\\\\\\\\\\Y\ \\\\\\\\\\\\\_.\\\\\\\\\\\\\\\\\�;\\\\\\\\\\\ _ \ \ - 4 78.00 93.04 c i 88.99 ;°'31 65.082 `frO 0 � 45.41 50' 09s-r f`�, Q Q W 2400 m ; 4800 $_ 7� • W ?°` 2900 r. 17 4. .t.1 1 8 rt S 4 :` 2800 0 8150 2- 1 0 3600 0 0 10 m 81 gt t�7 BQ57 10100 0 1 1 1 26 ° 90.00 181_ \'1\Ziit'c�c4'c�'c\'9 11/18/03 TUE 11:35 FAX VERIZON WIRELESS 1009 Exhibit B "The Leases Premises" The Verizon Wireless Premises is a sixty five foot(65')by twenty five foot(25')area,containing approximately 1625 sq. ft, including a 15 foot wide ingress egress and utilities Easement to and from the Premises. L 115' A 77,:443.ji.VV 25' O T`T o r / 1 V • • 65' Residence (;) "Tract A" Residence Driveway 4-- SW Tigard Street 11/18/03 TUE 11:35 FAX VERIZON WIRELESS 010 Exhibit C "The Easement" o 0 8 N as'o9'or w 7275' 9O• 1.• 120.92' --.-- • • u O N The easement area shall be 1.85'wide Verizon Wireless by 40'long, beginning at the north corner Leased Premises of Tract A, extending southward to provide �' access across Tract A to the Verizon Wireless 8 — GA leased premises as noted. u 117.03' cd o 0 tr N •: U_ A 88.71' •c 0 9<0 (, -411 A 4 S tr ' V i0 W 0 V 4 g 14.77 :1111 42.51' • Ake 91.28' 77.13' 1 SW Tigard Street 11/18/03 TUE 11:35 FAX VERIZON WIRELESS 011 • FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: Verizon Wireless Attn: Network Real Estate-M/S 221 3350 1615`Avenue SE Bellevue, WA 98008 (Site Name: PORPECAN) ORIGINAL Memorandum of Easement Grantor: The City of Tigard, an Oregon municipal corporation Grantee: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless Legal Description: Tract "A", CASCADIAN PLACE, in the City of Tigard County of Washington. State of Oregon Official legal description as Exhibit A Assessor's Tax Parcel ID#: R2116945/12400 Reference# (if applicable): N/A BEL 241199v1 52051-2397 Bellevue/09/03/03/PORPECAN 11/18/03 TUE 11:35 FAX VERIZON WIRELESS a012 SITE NAME: PORPECAN MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT("Memorandum") evidences that a Grant of Easement was entered into as of ./r• lg. 2003 , by and between The City of Tigard, an Oregon municipal corporation("Grantor"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Grantee"), for certain real property located in Washington County, State of Oregon, within the property of Grantor, which property and easement are described in Exhibit "A" attached hereto. IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Memorandum of Easement as of the day and year last below written. GRANTOR: The City of Tigard, an Oregon municipal corporation BY: P. O'er—^�— BY: Aq tJ S+i P - Dc.J S Date: Sei7±- 18/ 2c03 GRANTEE: Ver o - eless (VAW)LLC d/b/a Verizon Wireless BY: / i A Robert F. waine West Area Vice President-Network Date: /1--/ 7 —OJ Exhibit A— Property Legal Description/Easement BEL 241199v1 52051-2397 Bel Ievue/09103/03/POR PECAN I 11/18/03 TUE 11:35 FAX VERIZON WIRELESS Ul013 GRANTOR ACKNOWLEDGEMENT STATE OF Orel Or) ) ) ss. COUNTY OF Dash e, *on ) On this / day of `- rD "�bei , 200 before me, a Notary Public in and for the State of Ore 0 r7 , personally appearedAttfus-Fin P.tattle personally known to me (or proved to the on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated thai9/She was authorized to execute the instrument, and acknowledged it as the C:i EncJr ne e+r of The City of Tigard,an Oregon municipal corporation, to e the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. OFFICIAL SEAL NOTAR -- /PUBLIC�: in and for the Stat ofOg CANESL•_. t CHERYL A CANES residing at / lot r d, ORgel NOTARY PUBLIC-OREGON COMMISSION NO.371603 My appointment expires Aso) . /4/, a OU MY COMMISSION EXPIRES AUG. 14,2007 Print Name Che r ti/ A . Oa.; f S BEL 241199v1 52051-2397 Bel levue/09/03/03/POR PECAN 2 11/18/03 TUE 11:36 FAX VERIZON WIRELESS I ]014 CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) On this /IA day of"etru.ain l t.0, 2003, before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Robert F. Swaine to me known to be an authorized representative of Verizon Wireless (VAW) LLC, a Delaware limited liability company, dba Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC dba Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0-FrI6TALsEa. Print or Type Name: JANRT'WEBS ,JANET6LICLOESS NO7ARYPU -ARIZQNA 1 Notary Public in and for the State of AZ, residing at %\ MARICOPA COUNTY ' MARICOPA COUNTY r4•aaP' My Comm.Expires Dec.24,2006 tti.-.- --=-- : My appointment expires: TlF.C.24,2006 11/18/03 TUE 11:36 FAX VERIZON WIRELESS Z015 EXHIBIT A PROPERTY LEGAL DESCRIPTION/EASEMENT o $ $ N 88ro9'07' W 72.75' 70.90' 1.85; t20.92' u d O The easement area shall be 1.85'wide Verizon Wireless by 40' long, beginning at the north corner A Leased Premises of Tract A, extending southward to provide access across Tract A to the Verizon Wireless 0 — u leased premises as noted. 117.03' _ f 01 u -1 oa 88.71' '71-1 �j O ILS w� � � o o_ u g ' N v V O CP_ .43 ?7 8. 44.77" 4 42.51. 91.28' 77.13' r� SW Tigard Street