T-Mobile West LLC 5/4/2017 - Laserfiche WebLink

T-Mobile Site ID:SE01845A Cascade HS North WT Market:PNW City of Everett Site ID:Olympic Tank 5. OPTION TO EXTEND: Lessee is hereby given the option to extend the term of this Lease in accordance with all of the provisions contained in this Lease except rental, for two (2)additional five(5)year terms("Option Term One"and"Option Term Two"),by giving written notice of exercise of the option ("Option Notice") to Lessor sixty (60) days or more prior to expiration of each Term. Failure to provide the required Option Notice for Option Term One shall result in the termination of this Lease upon the expiration date of this initial term or in the case of failureto provide the Option Notice for Option Term Two, then this Lease shall terminate at the end of Option Term One. The rental fee during each Option Term shall be negotiated between the parties and evidenced in an addendum to this Lease. This option may be exercised by Lessee only in the event that all rents have been fully paid and all provisions of this Lease on the part of Lessee to be observed by Lessee have been fully and faithfully observed. A new lease agreement for the Option Terms shall be unnecessary, as this Lease constitutes a present demise for both the Initial Term and the Option Terms. 6. ENGINEERING STANDARD AND PRACTICES: Lessor shall have engineering supervision over all equipment located on the property. Subject to the terms and conditions of this Lease, such supervision shall include: a) Frequency coordination and acceptability in so far as it relates to interference with City of Everett communications; b) Engineering specifications related to the Water Tank; and c) Establishment of standards and practices consistent with and necessary for the avoidance or elimination of interference with other users at the site; and d) acceptability of equipment, including radio transmitters and protective devices. All such standards and practices shall be applied to all tenants, licensees and/or similar users of the Site in a non-discriminatory manner; and any decision on any of the foregoing matters by the Lessor shall be binding upon the Lessee. Lessor will furnish Lessee with the reasons for any of its decisions in this matter. Any interference caused by radio or television transmitting and/or receiving equipment to existing licensees shall be corrected and eliminated immediately by the party and/or parties causing the interference. Engineering standards shall be the latest version of specifications as published by the Western Washington Cooperative Interference Committee, the current version of which is attached hereto as Exhibit"B"and incorporated herein by reference. 7. LEASE TAX: The possessory interest of Lessee in the property herein leased is subject to taxation under the laws of the State of Washington (Ch. 61, 1975-1976 Laws, 2d Ex. Sess., as amended) at the present rate of twelve point eighty-four percent (12.84%), or as may be amended by Washington State legislation, of the taxable rent to be paid to the Lessor monthly under the terms of this Lease. This tax is in addition to the monthly rent required above. Lessee agrees to pay and the Lessor agrees to collect and pay over to the State Department of Revenue the aforesaid leasehold excise tax in accordance with the statutes governing it. 8. UTILITIES AND FEES: Lessee agrees to pay all charges for all utilities and services utilized by Lessee on the property during the term of the Lease. All other items, including all license fees and other governmental charges assessed on Lessee (except property taxes and assessments which will be handled pursuant to the provisions in previous sections) will be paid directly by Lessee, failing which the Lessor may pay and bill Lessee, as additional rent, with interest at the highest rate allowed by law. Page 4 of 21