HomeMy WebLinkAboutAgreements/Contracts - BOCCK20-004
SITE LEASE AGREEMENT
THIS LEASE made this 30 to day of 0 er_ e pt�kv , 2019, by and between Grant
County (COUNTY) (hereinafter "LESSOR"), a third-class county, duly organized and operating
under and by virtue of the Constitution and the laws of the State of Washington, by and through
the Grant County Board of County Commissioners, and Basin Networking, Inc., a Washington
corporation (hereinafter "LESSEE").
I. RECITALS
WHEREAS, LESSOR is a third-class county, duly organized and operating under and by
virtue of the Constitution and the laws of the State of Washington; and
WHEREAS, LESSEE is a Washington corporation, duly formed and doing business in
the State of Washington. Services provided by LESSEE include, but may not be limited to,
development and maintenance of optical telecommunication networks and wireless
telecommunication networks; and
WHEREAS, LESSEE desires to lease the Demised Premises for the purpose of installing,
maintaining and operating two flat panel antennas ("Antenna Facility") as more fully described
in Paragraph Five (5) below. This lease is non-exclusive and in no way prohibits a negotiated
lease or other business relationship between Lessor and Lessee's competitors.
II. AGREEMENTS
For and in consideration on the mutual covenants, agreements, and stipulations contained
herein, the parties agree as follows:
1. PREMISES: LESSOR does hereby lease to LESSEE, and LESSEE hereby leases
from the LESSOR, for the term, rental, and upon all of the conditions hereinafter set forth
herein, a portion of that certain Demised Premises commonly known and/or otherwise located
at 4718 Road P NW Quincy, WA 98848, County of Grant, and legally described as LOT 1,
GRANT COUNTY PUBLIC WORKS DEPARTMENT, SP#1 15-56 FKA FU 64 BLK 75 IN
SECTION 08, TOWNSHIP 19 NORTH, RANGE 24 EAST, W.M., GRANT COUNTY,
WASHINGTON, (hereinafter "Demised Premises).
2. TERM: The .term of this Lease shall be for one (1) years commencing on the 1St
day of .i�.,y , and shall terminate on the 3 day of 2020,
except as otherwise set forth herein.
3. OPTION OF RENEW: This Lease may be renewed at the end of the first one (1)
year term pursuant to negotiation and mutual agreement of the parties. The re -negotiation period
shall be ninety (30) days, and shall commence one hundred eighty (90) days prior to the
conclusion of the initial lease period.
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PROVIDED: LESSOR shall have the right to terminate the Lease and not extend for any
additional lease period by giving one -hundred eighty (180) days advance written notice to the
LESSEE prior to expiration of the current term. If LESSOR gives such notice, then this Lease
shall terminate upon the expiration of the then current term.
4. RENT: LESSEE covenants and agrees to pay LESSOR, at the offices of
LESSOR, (Board Of County Commissioners, P.O. Box 37, Ephrata, WA, 98823), or to such
other party or at such other place as LESSOR may hereafter designate, monthly rent, without
deduction, set-off, counterclaim, offset, prior notice or demand, the sum of One Hundred and
Fifty Dollars and No Cents ($150.00), with such monthly rent to be paid in advance on the first
(1 st) day of each month during the term of this Lease Agreement.
5. USE OF PROPERTY. LESSEE shall have the right to install two (2) Carrier
Class 2x2 Dual Polarity MIMO antennas to an existing pole, the same currently situated on
and/or attached to the Public Works building located on the Demised Premises. An example of
such antennas installed are attached hereto as Exhibits "A(1)" and "A(2)". LESSEE
acknowledges that said attachment and maintenance is, if necessary, subject to the approval of
the appropriate building/planning officials of Grant County and/or the City of Quincy. Further,
the installation and operation of the Antenna Facility shall be contingent upon existing valid
license requirements, if any. The Antenna Facility shall remain the property of the LESSEE.
5. UTILITIES AND FEES: All applications and connections for necessary utility
services related to the installation and operation of the Antenna Facility on the Demised
Premises, if any, shall be made in the name of LESSEE after obtaining the express permission of
the LESSOR, and LESSEE shall be solely liable for such charges as they become due during the
full term of the Lease.
6. REPAIRS AND MAINTENANCE: The portion of the Demised Premises subject
to use by LESSEE has been. inspected and is accepted by LESSEE in its present condition.
LESSEE shall keep and maintain that portion of the rented Demised Premises in a sightly
condition, free from debris and in reasonably good repair and condition. LESSEE shall have the
sole responsibility for the installation, maintenance, repair, construction or reconstruction of the
Antenna Facility placed upon the Demised Premises and shall not, without the LESSOR.'s prior
written permission, alter or modify any improvement now existing or hereafter placed on the
Demised Premises.
7. ACCESS: LESSEE shall have non-exclusive access to the Demised. Premises for
the purpose servicing and maintaining the Antenna Facility. Such access shall exist only so long
as the LESSEE operates the Antenna Facility on the Demised Premises. Such access should not
be construed as an easement or license.
8. ADDITIONAL USE OF THE PREMISES: Any additional use of the Demised
Premises shall require the LESSOR's express written permission.
9. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS: LESSEE shall not be
entitled to make any alterations of or additions to the Demised Premises without the prior written
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consent of LESSOR. Nothing contained in this Lease shall constitute any consent or request by
LESSOR, express or implied, for the performance of any labor or services or the furnishing of
any materials or other property in respect of the Demised Premises or any part thereof, nor as
giving LESSEE any right, power or authority to contract for or permit the performance of any
labor or services or the furnishing of any materials or other property in any fashion that would
permit the filing or making of any lien or claim against LESSOR or the Demised Premises.
10. REMOVAL OF IMPROVEMENTS: The improvements owned or otherwise
installed on the Demised Premises by LESSEE are agreed to be LESSEE's personal property and
shall not be considered fixtures to the real estate. LESSEE shall be authorized to remove the
improvements from the Demised Premises. Within six (6) months following the expiration or
earlier termination of this Lease, LESSEE shall, if requested by LESSOR and at LESSEE's
expense, remove all improvements and shall restore the Demised Premises to its original
condition. If LESSOR does not notify LESSEE that LESSEE must remove such improvements,
the LESSEE has the option of either removing or abandoning such improvements.
11. HOLD HARMLESS: LESSEE hereby agrees to indemnify, defend, and hold
harmless the LESSOR, and its agents, employees, and assigns, harmless from and against all
liabilities, obligations, claims, damages, fines, penalties, interest, causes of action, costs and
expenses to and/or involving persons or property arising from LESSEE's acts and/or omissions
on the Demised Premises. LESSOR hereby agrees to indemnify, defend, and hold harmless the
LESSEE, and its agents, employees, and assigns, harmless from and against all liabilities,
obligations, claims, damages, fines, penalties, interest, causes of action, costs and expenses to
and/or involving persons or property arising from LESSOR's acts and/or omissions on the
Demised Premises.
12. INSURANCE: LESSEE shall maintain comprehensive general liability insurance
which shall insure LESSEE and/or LESSEE's agents and employees against all claims or injuries
or death to persons occurring in or about the Demised Premises in the amount of at least
$1,000,000.00 for any one person and in the amount of at least $1.,000,000.00 for any one
occurrence, and against all claims for damages to loss of property occurring in or about the
D:.mised Premises in the amount of $1,000,000.00. LESSEE agrees to furnish LESSOR with
policies or certificates of such insurance, naming LESSOR as an additional insured, prior to the
commencement of the term hereof.
13. DEFAULT OR BREACH: Time is of the essence of each and every provision of
this Lease. Each of the following events shall constitute a default or breach of the Lease by
LES 'SE E:
a. If LESSEE shall file a petition in bankruptcy or insolvency or for
reorganization under any bankruptcy act, or shall voluntarily take advantage of any such
act by answer or otherwise, or shall make an assignment for the benefit of creditors; or
b. If involuntary proceedings under any bankruptcy law or insolvency act
shall be instituted against LESSEE, or if a receiver or trustee shall be appointed of all or
substantially or trusteeship vacated with 30 days after the institution or appointment; or
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C. If LESSEE shall fail to perform or comply with any of the conditions or
covenants of the Lease and if the nonperformance shall continue for a period of 30 days
after the notice thereof by LESSOR to LESSEE or, if the performance cannot be
reasonably had within the 30 day period, LESSEE shall not in good faith have
commenced performance within the 30 day period and shall not diligently proceed to
completion of performance.
14. EFFECT OF DEFAULT: In the event of any default hereunder, the LESSOR
shall be entitled, without further notice or demand, to exercise the following remedies, including
any other remedy granted at law or in equity.
a. LESSOR may enter the Demised Premises immediately and remove the
personal property of LESSEE and store the property in a public warehouse or at a place
selected by LESSOR, at the expense of LESSEE. After entry LESSOR may terminate the
Lease on giving 90 days written notice of terminate to LESSEE. On termination
LESSOR may recover from the LESSEE all damages proximately resulting from the
breach, including the cost of recovering the Premises.
15. SURVIVAL OF LESSEE'S OBLIGATIONS. No expiration or termination of the
Lease Term pursuant to this Lease, by operation of law or otherwise (except as expressly
provided herein), and no repossession of the Demised Premises or any part thereof pursuant to
this Lease or otherwise, shall relieve LESSEE of LESSEE's obligations or liabilities hereunder,
all of which shall survive such expiration, termination or repossession.
16. ASSIGNMENT, MORTGAGE, OR SUBLEASE: LESSEE expressly covenants
that LESSEE shall not voluntarily or involuntarily assign, encumber, mortgage or otherwise
transfer this Lease, or sublet the Demised Premises or any part thereof, or suffer or permit the
Demised Premises or any part thereof to be used or occupied by others, by operation of law or
otherwise, without the prior written consent of LESSOR in each instance. Absent such consent,
any act or instrument purporting to do any of the foregoing shall be null and void.
17. ENTIRE AGREEMENT: This Lease constitutes the entire agreement of the
parties, and supersedes all prior agreements, contracts and understandings, written or oral. This
Lease cannot be terminated, amended, or modified except by written instrument executed by
LESSOR and LESSEE, except as set forth herein.
18. BINDING ON HEIRS, SUCCESSORS, AND ASSIGNS: The covenants and
agreements of this Lease shall be binding upon the legal representative, heirs, executors,
administrators, successors, and assigns of both parties hereto, except as herein above provided.
19. NOTICE: Any notice required to be given by either party to the other shall be
deposited in the United States mail, postage prepaid addressed as follows:
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TO LESSOR: Jerome Wawers, Interim Director
Grant County Public Works
P.O. Box 37
Ephrata WA 98823
TO LESSEE: Steve Castillo, President
Basin Networking, Inc.
3506 Road 4 NW
Moses Lake WA 98837
Either party hereto may, from time to time by notice to the other, designate a difference address
which shall be substituted for the addresses specified above.
20. APPLICABLE LAW: This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
21. EVVALIDITY: Any provision of this Lease which shall prove to be invalid, void
or illegal shall in no way affect, impair, or invalidate any of the other provisions hereof and such
other provisions shall remain in fully force and effect despite such invalidity or illegality.
IN WITNESS WHEREOF, the parties hereto have set their hand the date first above
written.
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BOARD OF COUNTY COMMISSIONERS
7P%T U Y ZSHINGTON
Cindy Cartek Chair
Richard Stevens, Wee-e+air L-t&w_701L
_ Tom Taylor, Merrrber
Attest:
ra J. Vasquez
of the Board
Approve s to form 1 content:
Kevin J. McCrae, WSBA No. 43087
Chief Civil Deputy Prosecuting Attorney
Date:
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