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(Nextel Site#WA0390A) 7
<br /> Exhibit A
<br /> SITE ACCEPTANCE and RELEASE
<br /> This SITE ACCEPTANCE and RELEASE is made as of ,2012,by and between Nextel
<br /> West Corp.,a Delaware Corporation,d/b/a Nextel Communications("Nextel")and City of Everett,a municipal
<br /> corporation of the State of Washington("Owner")with reference to the following facts,understandings and
<br /> intentions:
<br /> A. Owner and Nextel are parties to that LEASE TERMINATION AGREEMENT and GENERAL
<br /> RELEASE dated ,2012(the"Agreement"),that terminated a Lease for a Site on Owner's Property
<br /> located at 6107 Berkshire Drive,Everett,WA 98203(Nextel Site#WA0390A),all terms of which are incorporated
<br /> herein. Capitalized terms used but not defined herein have the meanings set forth in the Agreement.
<br /> B. Nextel used the Site for a communications facility that may have included,among other things,an
<br /> antenna tower or pole and foundation,utility lines,transmission lines,an air conditioned equipment room or shelter
<br /> and pad,cable wiring,conduit runs,radios and other electronic equipment,transmitting and receiving antennas and
<br /> microwave dishes,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. Nextel removed some or all of the Communications Facility and restored the Site and Owner's
<br /> Property to the condition required by the Lease and the Agreement,and Nextel vacated and surrendered the Site to
<br /> Owner. The parties now desire to execute this Site Acceptance and Release,pursuant to the Agreement.
<br /> NOW,THEREFORE,in consideration of the foregoing,the provisions set forth below,and other good and
<br /> valuable consideration,the receipt and adequacy of which are hereby acknowledged,Owner hereby acknowledges
<br /> that Nextel has restored the Site and Owner's Property to the condition required by the Lease and the Agreement,
<br /> and Nextel vacated and surrendered the Site to Owner on or before the Termination Date as required by the
<br /> Agreement. Owner acknowledges that any portion of the Communications Facility(and any other equipment or
<br /> property)remaining on Owner's Property shall be deemed abandoned by Nextel(collectively,the"Abandoned
<br /> Property"),and Owner accepts any such Abandoned Property in its present condition"AS-IS","WHERE-IS"and
<br /> "WITH ALL FAULTS",and without any representations,warranties,promises,covenants or guaranties whatsoever,
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<br /> express,implied,oral,written,statutory or otherwise (including,without limitation,no warranties of
<br /> merchantability,marketability,profitability,fitness for a particular purpose or conformity to models or materials),
<br /> and Owner fully and forever releases Nextel and the Released Parties from all Claims and any and all liability
<br /> whatsoever in connection therewith,and agrees to indemnify,defend and hold Nextel and the Released Parties
<br /> . harmless from and against all Claims and any and all losses,costs,liabilities,damages,claims,actions and causes of
<br /> action(including attorneys'fees and court costs)arising out of or relating in any way to any such Abandoned
<br /> Property.
<br /> Executed on ,2012
<br /> "OWNER" "NEXTEL"
<br /> City of Everett,a municipal corporation Nextel West Corp.,a Delaware Corporation,d/b/a
<br /> of the State of Washington Nextel Communications
<br /> By: By:
<br /> Name: Name:
<br /> Title: Title:
<br /> 417
<br /> 04 iDEN DeComm Lease Termination Agreement 05142012
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