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(Nextel Site#WA0390A) <br /> LEASE TERMINATION AGREEMENT <br /> AND <br /> GENERAL RELEASE <br /> This LEASE TERMINATION AGREEMENT AND GENERAL RELEASE (the <br /> "Agreement")is made as of ,2012, by and between Nextel West Corp.,a <br /> Delaware Corporation, d/b/a Nextel Communications ("Nextel")and the City of Everett, a <br /> municipal corporation of the State of Washington("Owner")with reference to the following <br /> facts,understandings and intentions: <br /> RECITALS <br /> A. Owner owns certain property located at 6107 Berkshire Drive,Everett, WA <br /> 98203, said property also known as and identified in the Lease as Reservoir#3 Site("Owner's <br /> Property"). Nextel, as lessee or tenant, and Owner, as lessor or landlord, are parties to that City <br /> of Everett Communications Antenna Site Lease Agreement dated as of May 17,2000(the <br /> "Lease")whereby Owner leases to Nextel a portion of Owner's Property,as further described in <br /> the Lease(the"Site"). • <br /> B. Nextel uses the Site for a communications facility that,pursuant to the Lease,may <br /> include among other things, an antenna tower or pole and foundation,utility lines,transmission <br /> lines, an air conditioned equipment room or shelter and pad, cable wiring,conduit runs,radios <br /> and other electronic equipment,transmitting and receiving antennas and microwave dishes, <br /> batteries and other power sources(possibly including a generator and pad),related fixtures and <br /> supporting equipment,and structures therefor(collectively,the"Communications Facility"). <br /> C. By letter dated August 18,2012, as permitted by the terms of the Lease,Nextel <br /> notified Owner of Nextel's election to terminate the Lease,effective as of February 6,2013 <br /> ("Notice"). Owner acknowledges that Nextel's written Notice was properly given and effective. <br /> D. Nextel and Owner are willing to so terminate the Lease,pursuant to the provisions <br /> of this Agreement. <br /> AGREEMENT <br /> NOW, THEREFORE,in consideration of the mutual covenants contained herein and <br /> other good and valuable consideration,the receipt and adequacy of which are hereby <br /> acknowledged,the parties agree as follows: <br /> 1. Date of Termination;Final Payment. • <br /> • <br /> 1 14 <br /> 04 i11F.N T1eCnmm Tease Termination Agreement 05149012 7) <br />