HomeMy WebLinkAboutNextel Partners CZC 99-005CERTIFICATE OF ZONING COMPLIANCE*
Date: July 20, 1999
Owner: Nextel Partners (Chad Baran — contact person - 841-2316 or 853-5476)
Address: 508 Bower Street
ProposedUse: One 3 -sector telecommunications antennae colocated on existing 120' monopole
with prefabricated equipment shelter.
Zoning: I -L
Comments: Anv signage is subiect to design review and requires separate permits. No signage
permitted in the ACHD right-of-way. No portable signs or temporary signage is permitted.
Existing landscaping, including the 4 - 3" caliper trees must be maintained in a healthy, living
condition. Landscaping, to be watered with an underground sprinkler system. Site must be kept
free of weeds. No field changes to site plan permitted: prior written approval of all changes
required. No lighting may be Dlaced on the antennae. Eauipment shelter must not exceed size
shown on approved site plan.
Shari Stiles
Planning & Zoning Administrator
*Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements
of other departments/agencies, including, but not limited to, Ada County Highway District,
Central District Health Department, affected irrigation district(s), Meridian Sewer, Water,
Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of
issuance if work has not begun.
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
City Council Members
�` -
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 288-2499 - Fax 288-2501
PUBLIC WORKS
CHARLES ROUNTREE
GLENN BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642
BUILDING DEPARTMENT
(208) 887-2211 - Fax 887-1297
RON ANDERSON
(208) 888-4433 - Fax (208) 887-4813
PLANNING AND ZONING
KEITH BIRD
City Clerk Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 - Faz 887-1297
CERTIFICATE OF ZONING COMPLIANCE*
Date: July 20, 1999
Owner: Nextel Partners (Chad Baran — contact person - 841-2316 or 853-5476)
Address: 508 Bower Street
ProposedUse: One 3 -sector telecommunications antennae colocated on existing 120' monopole
with prefabricated equipment shelter.
Zoning: I -L
Comments: Anv signage is subiect to design review and requires separate permits. No signage
permitted in the ACHD right-of-way. No portable signs or temporary signage is permitted.
Existing landscaping, including the 4 - 3" caliper trees must be maintained in a healthy, living
condition. Landscaping, to be watered with an underground sprinkler system. Site must be kept
free of weeds. No field changes to site plan permitted: prior written approval of all changes
required. No lighting may be Dlaced on the antennae. Eauipment shelter must not exceed size
shown on approved site plan.
Shari Stiles
Planning & Zoning Administrator
*Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements
of other departments/agencies, including, but not limited to, Ada County Highway District,
Central District Health Department, affected irrigation district(s), Meridian Sewer, Water,
Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of
issuance if work has not begun.
OTIFICATE OF ZONING C(APLIANCE
& PLAN REVIEW CHECKLIST
City of Meridian
Planning & Zoning Dept.
Project: 141 fa CQ AAnLid Review Date:/?a /
Contact: c - Z31t, Zone: I L
copies of site plan submitted
❑ Falculations table, including asphalt area, parking, landscaping, and building s.f.
Copy of ACHD approval letter (if applicable*) — G. Inselman/J. Lowe
Site Review/Conforming
Elements
Comments
O.K.
1. Zoning District (permitted
use, CUP, AUP, variance, etc.)
V/
2. Floodplain District
3. Landscaping
a) # of Trees (1, 3" cal. per
1,500 s.f of asphalt)✓
b Plant Species Listed
c Required Strips/Screens
3. Off -Street Parkin
a) # of Stalls (dimensions,
etc
b) Handicap Stalls (van
accessible, aisles, signs)
c Aisles
4. Trash Areas
a Location
b 3 -Side Screening
5. Underground Irrigation*
6. Sidewalks/Paths
7. Roadways (R -O -W
dedications, etc
v
N��c IrP�rt, us pv �kffD �t'l�
8. Lot Requirements
Y
a) Lot Area
b) Street Frontage
c) Set -backs
d) Coverage
* ACHD approval letter required for curb cuts, road widening, any new projects.
* * Pressurized irrigation can be waived only if no water rights exist to subject property or developer deeds to City landfor a
well.
* * City permits a 1 -time hook-up to municipal water for irrigation per site.
* * Trees must not be planted in sewer easements.
C:\P&Zadmin\Forms\CZC Checklist
C7
Meridian Planning and Zoning
Steve Siddoway
33 E. Idaho Street
Meridian, ID. 83642
July 20, 1999
Re: MCU -28-96 508 Bower Street Telecommunications facility
The Ada County Highway District (ACRD) staff has received and reviewed the application and
site plan for the item referenced above. This item will not be heard by the ACHD Commission
unless the site plan is changed in such a manner as to require Commission review.
The existing and/or proposed access points will be reviewed for compliance with District policy
upon submittal of a development application consisting of but not limited to a building expansion,
change of use, or other significant redevelopment as determined by District staff.
All future design plans and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived in writing by the
District.
If you have any questions please feel free to call me at 387-6178.
Sincerely,
Steve Arnold
Principal Development Analyst
cc: Project file
Chron file
MICHAEL B. HOWELL
200 11. 4th, Suite 101
Boise, Idaho 83702
Telephoner (208) 336-3331
Attorney for Plaintiff
N0. Copy
JUL 2 2 1991;
J. CAV;,;, ; :,:VAIIRO, Clerk
By KA',,E!N MApinNen
X"
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
DARWIN L. BUCHANAN,
Plaintiff,
vs.
FRED E. CHAPMAN and WILMA M. )
CHAPMAN, husband and wife; )
ROBERT E. TUNING and MADELINE I.)
TUNING, husband and wife; )
AMERICAN HYDROSYSTEMS, INC.; )
FIRST INTERSTATE BANK OF IDAHO, )
N.A.; SMALL BUSINESS )
ADMINISTRATION, )
)
Defendants. )
1
Case No. 94655
JUDGMENT J 1 'j 2 5 9 2
C14aU.I.-e
RECO-_
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6.00
'91 AUS 2 Pfd 4 24
This matter came on for hearing on the �o dny of
July, 1991. Michael A, Howell appeared for the Plaintiff and the
Uefendants having been regularly served with process and having
failed to answer, and he default for said Defendants having been
enterod;
WHEREAS, the court has heard proof of the allegations
of said complaint and being satisfied that the allegations of the
complaint are truo and that the relief asked for should be
granted now, therwt-re,
IT IS HEREBY ORDERED AND ADJUDGED as follows:
1. That tho Plaintiff is the owner in fee of all the
land located at 502 E. Bowor Stroot in the City of Meridian,
Iddho and more particularly described as follows:
JUDGMENT - 1
Lots l to 13, inclusive, Block 2, and Lot 17, Block 1,
BOWN'S RAILROAD ADDITION to Meridian, according to the
platb thereof, filed in Book 4 of Plats at page 165,
records of Ada County, Idaho.
TOGETHER WITH that portion of vacated 4th Street lying
between Blocks 1 and 2;
2. That plaintiff's title to said real property is
hereby forever quieted against any and all claims or demands of
the Defendants named herein and any person claiming under said
Defendants to any estate, right title, lien or interest in said
real. property;
3. That said defendants and any person claiming under
them are permanently enjoined from asserting any claim or
interest in or to said real property or any part thereof; and
4. That Plaintiff recover from Defendants FRED E.
CHAP'MAN and WILMA M. CHAPMAN, husband and wife, its costs of
foreclosure in the amount of $_ & J 7•0 plus a reasonable
attorneys fee in the amount of S for a total
judgment of $ a $ 7. W
DATED this a7` day of July, 1991.
JUDG14ENT - 2
ALAN M. SCHWARTZMAN
DISTRICT JUDGE
CXATV OF ADA
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ajSF iO IANCE TITLE
'97 MHR 28 AM 17 09
NON -DISTURBANCE AND ATTORNMENT AGREEMENT
THIS NON -DISTURBANCE AND ATTORNMENT AGREEMENT ("Agreement") is
made as of the 12 -" day of September, 1996, between Darwin L. Buchanan ("Owner"), and
Western PCS II Corporation, a Delaware corporation ("Tenant").
WITNESSETH:
WHEREAS, Tenant is the holder of an option and right to create leasehold interest in that
certain real property together with certain improvements thereon and all easements, rights and
appurtenances thereto located as described Exhibit A attached hereto (the "Leased Premises"), by
virtue of that certain Site Lease with Option dated September 11, 1996 by and between Denis R.
McRae and Martie L. McRae, husband and wife ("Purchasers"), and Tenant (referenced herein
as "Lease," which Lease is incorporated by reference as if set out here in full); and
WHEREAS, the Leased Premises are part of a larger tract of land (the "Demised
Premises") being acquired ' from Owner by Purchasers by virtue of that certain unrecorded
Contract of Sale with Escrow dated March 10, 1992, ("Contract of Sale"); and
WHEREAS, Owner may, in the event of default or as otherwise described in the Contract
of Sale, foreclose and/or forfeit Purchaser's interest in Demised Premises, including the Leased
Premises; and
WHEREAS, the parties desire to establish certain rights of quiet and peaceful possession
to the Leased Premises for Tenant's benefit together with certain obligations of attornment, all
in the manner hereinafter provided.
1
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged it is mutually agreed
between the parties as follows:
1. Owner agrees that, if no default exists under the Lease which at such time would
then permit Purchasers to terminate the Lease or to exercise any dispossess remedy provided for
therein, (a) Tenant will not be made a party in any action or proceeding to foreclose the Contract
of Sale or to remove or evict Purchasers from the Demised Premises or from any part of the
Leased Premises; (b) Tenant will not be evicted or removed from the Leased Premises nor will
its possession or right to possession of the Leased Premises under the Lease for the term thereof
(including any and all extensions or renewals thereof effected in accordance with any option
therefore in the Lease) be terminated or disturbed or in any way interfered with by any action
taken by Owner to enforce any rights or remedies under the Contract of Sale; and (c) Owner,
upon succeeding to Purchaser's interest in the Leased Premises, will recognize the Lease and
Tenant as its direct tenant under the Lease for the full term thereof (including any and all
extensions or renewals thereof effected in accordance with any option therefor in the Lease), and
will be bound by and perform all of the obligations of landlord set forth in the Lease as if said
person were originally named therein as the landlord thereunder.
2. Tenant agrees that, if the interest of Purchasers in the Leased Premises shall be
transferred to and owned by Owner by reason of foreclosure or other proceeding brought by it
under any present or future lien against Purchaser's interest in the Leased Premises, or by any
other manner, Tenant shall be bound to the Owner under all of the terms, covenants, conditions
and agreements set forth in the Lease for the balance of the term thereof remaining (including
any and all extensions or renewals thereof effected in accordance with any option therefor in the
7
Lease) with the same force and effect as if Owner were originally named therein as the landlord
thereunder, and Tenant does hereby agree to attorn to Owner as its landlord thereunder so as to
establish direct privity of estate and contract between Owner and Tenant, said attornment to be
effective and self -operative without the execution of any further instruments on the part of either
of the parties hereto immediately upon Owner succeeding to the interest of Purchasers in the
Leased Premises.
3. Owner hereby ratifies, confirms, approves and agrees to be bound by each and
every term, covenant, condition and agreement contained in the Lease as if each thereof were set
forth herein at length, and each of said terms, covenants, conditions and agreements shall inure
to the benefit of and be enforceable by Tenant, its successors and assigns, including, without
limitation, the mortgagee or beneficiary under any mortgage or deed of trust on Tenant's interest
in the Lease or the Leased Premises, its successors and assigns.
4. Owner shall notify Tenant of any default or other condition giving rise to Owner's
right to foreclose or exercise any power of sale or right to declare a default and seek a forfeiture
of Purchaser's interest in the Demised Property.
5. For the purpose of this Agreement, (a) the term "foreclosure" shall be deemed to
include the acquisition of Purchaser's interests in the Leased Premises by foreclosure or pursuant
to the exercise of any power of sale contained in the Contract of Sale or by deed (or assignment)
given in lieu of, or in anticipation of, foreclosure or the exercise of any such power of sale, or
by any other means whatsoever; and (b) the term Tenant shall be deemed to include anyone who
succeeds Tenant's interest in the Leased Premises pursuant to the Lease including, without
limitation, any purchaser at foreclosure or pursuant to the exercise of any power of sale contained
in the Lease.
3
6. If any term, covenant, condition or agreement contained in this Agreement or the
application thereof to any person, firm or entity shall at any time or to any extent be deemed or
found to be invalid or unenforceable by operation of law, judicial proceedings or otherwise, the
remainder of this Agreement or the application of such term, covenant, condition or provision to
persons or entities or to circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby, and each remaining term, covenant, condition or
provision of this Agreement or the application thereof shall be valid and enforced to the fullest
extent permitted by law.
7. All notices given pursuant to this Agreement shall be in writing and shall be given
by personal delivery, by United States registered or certified mail, or by United States express
mail or other established express ddlivery service (such as Federal Express), postage or delivery
charge prepaid, return receipt requested, addressed to the appropriate parry at the address set forth
below:
Owner: Darwin L. Buchanan
P.O. Box 383
Meridian, ID 83642
Tenant: Western PCS II Corporation
Attn: PCS Leasing Administrator
2001 NW Sammamish Road, Suite 100
Issaquah, WA 98027
Phone: (206) 313-5200
Fax: (206) 313-5520
with a copy to:
Western PCS II Corporation
Attn: Legal Department
2001 NW Sammamish Rd., Ste. 100
Issaquah, WA 98027
Phone: (206) 313-5200
Fax: (206) 313-5520
4
N
The persons to which notices are to be given may be changed at any time by any
party upon written notice to the other party. All notices shall be deemed given upon receipt. For
the purpose of this Agreement, the term "receipt" shall mean any of the following: (a) the date
of delivery of the notice or other document as shown on the return receipt; (b) the date of actual
receipt of the notice or other document by the person or entity specified pursuant to this section;
or (c) in the case of refusal to accept delivery or inability to deliver the notice or other document,
the earlier of (i) the date of the attempted delivery or refusal to accept delivery, (ii) the date of
the postmark on the return receipt, or (iii) the date of receipt of notice of refusal or notice of
nondelivery by the sending parry.
8. If any litigation is commenced between the parties hereto concerning this
Agreement or the rights or obligations of any parry in relation thereto, the prevailing party in
such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable
sum as and for its attorney's fees in such litigation (including any appeal thereof), which sum
shall be determined by the court in such litigation or in a separate action brought for that purpose.
9. This Agreement shall bind and inure to the benefit of the parties hereto, their heirs,
personal representative, successors and assigns, including, without limitation, the mortgagee or
beneficiary under any mortgage or deed of trust on tenant's interest in the Lease or the Leased
Premises, its successors and assigns.
10. This Agreement may be executed in any number of counterparts, each of which
shall for all purposes be deemed to be an original and all of which together shall constitute but
one and the same instrument, and shall be effective upon execution of one or more of such
counterparts by each of the parties hereto.
C
11. This Agreement contains the entire agreement between the parties and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. This Agreement
may not be modified in any manner whatsoever except by an instrument in writing signed by
each of the parties hereto.
12. In construing the provisions of this Agreement and whenever the context so
requires, the use of a gender shall include all other genders, the use of the singular shall include
the plural, and the use of the plural shall include the singular.
13. This Agreement shall be recorded in the Public Records of Ada County, Idaho
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
OWNER:
TENANT:
Western PCS II Corporation,
a Delawarol-claporation
0
0
STATE OF IDAHO
) ss.
County of Ada
On this �2 day of SEPT-6MS 2__, 1996, before me,
G 6--
,'V1.4Psj a Notary Public in and for said State, personally
appear Darwin L. Buchanan, known or identified to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
*�Eearuearire�s
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Notary Public -for Idaho
Residing at Gr,t N 54A*
My commission expires
STATE OF WASHINGTON )
) ss:
COUNTY OF KING )
. , . g01Se (t)/a4
CIE Ioao'L
O thisay of 199 before me pe ovally appeared
Ifl known to me to be the of Western
PCs Il Corporation, the corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation
for I the uses and purposes therein mentioned, and on oath, stated that
Wwas authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunder set my hand and affixed my official seal the
day and year first above written.
S. REP
_ y-�ystonr'',,`r�,��, NOTARN6PUBLIC in an Sta a of
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My commissio xpires t
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7
EXHIBIT A
Legal Description
The -Property is -legally described as follows:
All that real property (herein called Premises which term includes all
building, improvements and fixtures now on or hereafter placed on
such real property) situated in Ada County, Idaho, and described as
follows:
Lots 1 to 13, inclusive, Block 2, and Lot 17, Block
1, BROWN'S RAILROAD ADDITION to Meridian, according
to the plats thereof, filed in Book 4 of Plats at
page 165, records of Ada County, Idaho. Together
with that portion of vacated 4`h street lying
between Blocks 1 and 2.
l![�ilO�i PJWL W1 N
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----- BOWER STREET _ _= • = -��_ �...:�-__�___�.���
NOT TO SCALE
Site: SL2087-E Mbridian
Market: Salt Lake City/Boise MTA
Type: Rawland
Site Lease With Option
THIS SITE LEASE WITH OPTION (this "Lease") is effective this 11 4 day
of September, 1996, between De R. McRae and Martie L. McRae, husband
IV -
and wife, ("Landlord" and Western PCS H
Corporation, a Delaware corporation, ("Tenant").
1. Option to Lease.
(a) In consideration of the payment of Two H dred and 00/100
Dollars ($200.00) (the "Option Fee") by Tenant to Landlord, Landlord hereby grants to
Tenant an option to lease the use of a portion of the real property described in attached
Exhibit A (the "Property"), on the terms and conditions set forth herein (the "Option").
The Option shall be for an initial term of six (6) months, commencing on the date
hereof and ending six (6) months from such date (the "Option Period"). The Option
Period may be extended by Tenant for an additional six (6) months upon written notice
to Landlord and payment of the sum of Two Hundred and 00/100 Dollars ($200.00)
("Additional Option Fee") at any time prior to the end of the Option Period.
(b) During the Option Period and any extension thereof, and during
the term of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at
Tenant's expense, all licenses and permits or authorizations required for Tenant's use of
the Premises from all applicable government and/or regulatory entities (the
"Governmental Approvals") including appointing Tenant as agent for all conditional -use
permit applications and zoning change applications, and . Landlord agrees to cooperate
with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning
approvals, conditional -use permits, perform surveys, soils tests, and -other engineering
procedures or environmental investigations on, under and over the Property, necessary
to determine that Tenant's use of the Premises will be compatible with Tenant's
engineering ' specifications, system design, operations and Governmental Approvals.
During the Option Period and any extension thereof, Tenant may exercise the Option
by so notifying Landlord in writing of the- Commencement Date (as such term is
defined in Section 2, below), at Landlord's address in accordance with Section 12
hereof. If Tenant fails to exercise the Option within the Option Period, then there shall
be no lease (as defined in Section 1(c)(below) and neither party shall have any further
obligation to the other party.
(c) If Tenant exercises the Option, then, subject to the following
terms and conditions, Landlord hereby leases to Tenant (the "Lease") the use of that
certain portion of the Property sufficient for placement of Antenna Facilities (as defined
below), together with all necessary space and easements for access and utilities, as
SrrE&OP.LEA (03/20/96) SL2087-E MerkUan
generally described* and depicted in attached Exhibit B (collectively referred to
hereinafter as the "Premises").
The Premises, located at 508 Bower Street, Meridian, county of Ada, state of
Idaho, comprises approximately one thousand six hundred (1,600) square feet.
2. Term. The initial term of this Lease shall be five (5) years commencing
on the date specified by Tenant pursuant to Section 1(b), above (the "Commencement
Date"), and terminating at Midnight on the last day of the month in which the fifth
annual anniversary of the Commencement Date shall have occurred.
3. Permitted Use. The Premises may be used by Tenant for, among other
things, the transmission and reception of radio communication signals and for the
construction, maintenance, repair or replacement of related facilities, towers, antennas,
equipment or buildings and related activities. Tenant shall obtain, at Tenant's expense,
all Governmental Approvals and may (prior to or after the Commencement Date) obtain
a title report, perform surveys, soils tests, and other engineering procedures on, under
and over the Property, necessary to determine that Tenant's use of the Premises will be
compatible with Tenant's engineering specifications, system, design, operations and
Governmental Approvals. Landlord agrees to reasonably cooperate with Tenant (at no
cost to Landlord), where required, to perform such procedures or obtain Governmental
Approvals. If necessary, Tenant has the right to immediately terminate this Lease if
Tenant notifies Landlord of unacceptable results of any title report, environmental
survey or soils test prior to Tenant's installation of the Antenna Facilities (as defined
below) on the Premises.
4. Rent.
(a) Tenant shall pay Landlord, as Rent, Four Hundred and 00/100
Dollars ($400.00) per month ("Rent"). Rent shall be payable on the fifth day of each
month, in advance, to Denis R. McRae and Martie L. McRae at Landlord's address
specified in Section 12 below. For the purpose of this Lease, all references to "month" iv-2111�1.
shall be deemed to refer to a calendar month. If the Commencement Date does not fall
on the fifth day of the month, then Rent for the period from the Commencement Date to
the last day of the current month shall be prorated based on the actual number of days
from the Commencement Date to the last day of the current month.
(b) The monthly rent shall be subject to annual increase of three
percent (3%); such increases shall take effect on the anniversary date of the
Commencement Date.
(c) If Tenant shall not have obtained all Governmental Approvals on
or before the end of the Option Period, then Tenant shall, by notice to Landlord, have
the right to cancel this Lease and shall be relieved from all rights and obligations under
this Lease.
SUE&OP.LBA (03/20/96) SL W -i3 Meridian 2
(d) `If this Lease is terminated at a time other than on the last day of a
month, Rent shall be prorated as of the date of termination for any reason other than a
default by Tenant, and all prepaid Rent shall be refunded to Tenant.
5. Renewal. Tenant shall have the right to extend this Lease for five (5)
additional, five (5) -year terms ("Renewal Term"). Each Renewal Term shall be on the
same terms and conditions as set forth herein.
This Lease shall automatically renew for each successive Renewal Term
unless Tenant shall notify Landlord, in writing, of Tenant's intention not to renew this
Lease, at least sixty (60) days prior to the expiration of the term or any Renewal Term.
If Tenant shall remain in possession of the Premises at the expiration of
this Lease or any Renewal Term without a written agreement, such tenancy shall be
deemed a month-to-month tenancy under the same terms and conditions of this Lease.
6. Interference. Tenant shall not use the Premises in any wary which
interferes with the use of the Property by Landlord, or lessees or licensees of Landlord,
with rights in the Property prior in time to Tenant's (subject to Tenant's rights under
this Lease, including without limitation, non-interference). Similarly, Landlord shall
not use, nor shall Landlord permit its tenants, licensees, employees, invitees or agents
to use, any portion of the Property in any way which interferes with the operations of
Tenant. Such interference shall be deemed a material breach by the interfering party,
who shall, upon written notice from the other, be responsible for terminating said
interference. In the event any such interference does not cease promptly, the parties
acknowledge that continuing interference may cause irreparable injury and, therefore,
the injured party shall have the right, in addition to any other rights that it may have at
law or in equity, to bring action to enjoin such interference or to terminate this Lease
immediately upon written notice.
7. Improvements: Utilities: Access.
(a) Tenant shall have the right, at its expense, to erect and maintain
on the Premises improvements, personal property and facilities necessary to operate its
system, including without limitation radio transmitting and receiving antennas, and
tower and bases, an electronic equipment shelter, and related cables and utility lines
(collectively the "Antenna Facilities"). The Antenna Facilities shall be initially
configured generally as set forth in Exhibit C. Tenant shall have the right to replace or
upgrade the Antenna Facilities at any time during the term of this Lease. Tenant sly
cause all construction to occur lien -free and in compliance with all applicable laws and
ordinances. The Antenna Facilities shall remain the exclusive property of Tenant.
Tenant shall remove the Antenna Facilities upon termination of this Lease.
(b) Tenant, at its expense, may use any and all appropriate means of
restricting access to the Antenna Facilities, including, the construction of a fence.
SrrE&OP.LEA (03/20/96) SL2087-E Meridian
(c) 'Tenant shall, at Tenant's expense, keep and maintain the Antenna
Facilities now or hereafter located thereon in commercially reasonable condition and
repair during the term of this Lease, normal wear and tear excepted. Upon termination
of this Lease, the Premises shall be returned to Landlord in good, usable condition,
normal wear and tear excepted.
(d) Tenant shall have the right to install utilities, at Tenant's expense,
and to improve the present utilities on the Premises (including, but not limited to the
installation of emergency power generators). Tenant shall, wherever practicable, install
separate meters for utilities used on the Property. In the event separate meters are not
installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant's
use. Landlord shall diligently correct any variation, interruption or failure of utility
service, which variation, interruption or failure was caused by the Landlord.
(e) As partial consideration for Rent paid under this Lease, Landlord
hereby grants Tenant an easement ("Easement") for ingress, egress, and access
(including access as described in Section 1) to the Premises adequate to install and
maintain utilities, which include, but are not limited to the installation of overhead or
underground power and telephone service cable, and to service the Premises and the
Antenna Facilities at all times during the term of this Lease or any Renewal Term.
Upon prior written ,notice, provided Tenant's Antenna Facilities remain fully functional
and continue to transmit at full power, Landlord shall have the right, at Landlord's sole
expense, to relocate the Easement to Tenant, provided such new location shall not
materially interfere with Tenant's operations. Any Easement provided hereunder shall
have the same term as this Lease.
(f) Tenant shall have twenty-four (24) -hours -a -day, seven (7) -days -a -
week access to the Premises at all times during the term of this Lease and any Renewal
Term.
8. Termination. Except as otherwise provided herein, this Lease may be
terminated, without any penalty or further liability as follows:
(a) upon thirty (30) days' written notice by Landlord for failure to
cure a material default for payment of amounts due under this Lease within that thirty
(30) -day period;
(b) upon thirty (30) days' written notice by either party if the other
party defaults and fails to cure or commence curing such default within that thirty (30) -
day period, or such longer period as may be required to diligently complete a cure
commenced within that thirty (30) -day period;
(c) upon ninety (90) days' written notice by Tenant, if it is unable to
obtain, maintain, or otherwise forfeits or cancels any license, permit or Governmental
Approval necessary to the installation and/or operation of the Antenna Facilities or
Tenant's business;
SrrE&OP.LEA (03/20/96) SL2087-E Meridian 4
0 i
(d) upon ninety (90) days' written notice by Tenant if the Property,
Building or the Antenna Facilities are or become unacceptable under Tenant's design or
engineering specifications for its Antenna Facilities or the communications system to
which the Antenna Facilities belong;
(e) immediately upon written notice if the Premises or the Antenna /—
Facilities are destroyed or damaged so as in Tenant's reasonable judgment to
substantially and adversely affect the effective use of the Antenna Facilities. In such
event, all rights and obligations of the parties shall cease as of the date of the damage or
destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by
Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the
Premises and/or Antenna Facilities are restored to the condition existing immediately:
prior to such damage or destruction;
(f) at the time title of the Property transfers to a condemning
authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's
determination to render the Premises unsuitable for Tenant's use. Landlord and
Tenant shall each be entitled to pursue their own separate awards with respect to such
taking. Sale of all or part of the Property to a purchaser with the power of eminent
domain in the face of the exercise of the power, shall be treated as a taking by
condemnation.
9. Taxes. Tenant shall pay any personal property taxes assessed on, or any
portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay when
due all real property taxes and all other fees and assessments attributable to the
Property. In the event that Landlord fails to pay said real property taxes, then Tenant
shall have the right to pay said taxes and deduct them from Rent amounts due under this
agreement.
10. Insurance and Subro ag tion.
(a) Tenant will provide Commercial General Liability Insurance in
an aggregate amount of $1,000,000 and name Landlord as an additional insured on the
policy or policies. Tenant may satisfy this requirement by obtaining appropriate
endorsement to any master policy of liability insurance Tenant may maintain.
(b) Landlord and Tenant hereby mutually release each other (and
their successors or assigns) from liability and waive all right of recovery against the
other for any loss or damage covered by their respective first party property insurance
policies for all perils insured thereunder. In the event of such insured loss, neither
party's insurance company shall have a subrogated claim against the other.
SrrE&OP.LBA (03/20/96) SL2097-B Meridian
11. Hold Harmless. Tenant agrees to hold Landlord harmless from claims
arising from the installation, use, maintenance, repair or removal of the Antenna
Facilities, except for claims arising from the negligence or intentional acts of Landlord,
its employees, agents or independent contractors.
12. Notices. All notices, requests, demands and other communications
hereunder shall be in writing and shall be deemed given if personally delivered or
mailed, certified mail, return receipt requested, or sent by overnight carrier to the
following addresses:
If to Tenant, to:
Western PCS H Corporation
Attn: PCS Leasing Administrator
2001 N.W. Sammamish Road
Suite 100
Issaquah, WA 98027
Phone: (206) 313-5200
Fax: (206) 313-5520
If to Landlord to:
with a copy to:
Western PCS H Corporation
Attn: Legal Department
2001 N.W. Sammamish Road
Suite 100
Issaquah, WA 98027
Phone: (206) 313-5200
Fax: (206) 313-5520
Denis R. McRae and Martie cRae
508 Bower Street
Meridian, Idaho 83642
Phone: ( 208) 888-3982
Fax: ( 208 )888-7197
SSN D.R. McRae: 519-38-6316
SSN M.L. McRae: 510-38-3663 _
13. Quiet Enjoyment. Title and Authority. Landlord covenants and warrants
to Tenant that (i) Landlord has full right, power and authority to execute this Lease; (ii)
it has good and unencumbered title to the Property free and clear of any liens or
mortgages, except those disclosed to Tenant which will not interfere with Tenant's
rights to or use of the Premises; and (iii) execution and performance of this Lease will
not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease,
or other agreement binding on Landlord.
Landlord covenants that at all times during the term of this Lease, Tenant's
quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as
Tenant is not in default beyond any applicable grace or cure period.
14. Environmental Laws. Tenant represents, warrants and agrees that it will
conduct its activities on the Property in compliance with all applicable Environmental
Laws (as defined in attached Exhibit D). Landlord represents, warrants and agrees that
SNE&OP.LBA (03/20/96) SL2087-B Meridian 6
it has in the past and will in the future conduct its activities on the Property in
compliance with all applicable Environmental Laws and that to the knowledge of the
Landlord the Property is free of Hazardous Substance (as defined in attached Exhibit
D) as of the date of this Lease.
Landlord shall be responsible for, and shall promptly conduct any investigation
and remediation as required by any Environmental Laws or common law, of all spills
or other releases of Hazardous Substance, not caused solely by Tenant, that have
occurred or which may occur on the Property.
Tenant agrees to defend, indemnify and hold Landlord harmless from and
against any and all claims, causes of action, demands and liability including, but not
limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments ,
and attorney's fees that Landlord may suffer due to the existence or discovery of any
Hazardous Substance on the Property or the migration of any Hazardous Substance to
other properties or release into the environment arising solely from Tenant's activities
on the Property.
Landlord agrees to defend, indemnify and hold Tenant harmless from any and
against any and all claims, causes of action, demands and liability including, but not
limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments
and attorney's fees that Tenant may suffer due to the existence or discovery of any
Hazardous Substance on the Property or the migration of any Hazardous Substance to
other properties or released into the environment, that relate to or arise from
Landlord's activities during this Lease and from all activities on the Property prior to
the commencement of this Lease.
The indemnifications in this section specifically include costs incurred in
connection with any investigation of site conditions or any cleanup, remedial, removal
or restoration work required by any governmental authority.
15. Assignment and Subleasing. Tenant may assign this Lease upon written
notice to Landlord, to any person controlling, controlled by, or under common control
with Tenant, or any person or entity that, after first receiving FCC or state regulatory
agency approvals, acquires Tenant's radio communications business and assumes all
obligations of Tenant under this Lease. Upon such assignment, Tenant shall be
relieved of all liabilities and obligations hereunder and Landlord shall look solely to the
assignee for performance under this Lease and all obligations hereunder. Tenant may
sublease this Lease, upon written notice to Landlord, only if such sublease is subject to
the provisions of this Lease. Tenant may otherwise assign this Lease upon written
approval of Landlord, which approval shall not be unreasonably delayed or withheld.
Additionally, Tenant may, upon notice to Landlord, mortgage or grant a
security interest in this Lease and the Antenna Facilities, and may assign this Lease and
the Antenna Facilities to any mortgagees or holders of security interests, including their
successors or assigns, (hereinafter collectively referred to as "Mortgagees"), provided
SrrE&OP.LEA (03/20/96) SL2087-E Meridian 7
such Mortgagees agree to be bound by the terms and provisions of this Lease. In such
event, Landlord shall execute such consent to leasehold financing as may reasonably be
required by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees
simultaneously of any default by Tenant and to give Mortgagees the same right to cure
any default as Tenant or to remove any property of Tenant or Mortgagee located on the
Premises, except that the cure period for any Mortgagee shall not be less than thirty
(30) days after receipt of the default notice, as provided in Section 8 of this Lease. All
such notices to Mortgagees shall be sent to Mortgagee at the address specified by
Tenant upon entering into a financing agreement. Failure by Landlord to give
Mortgagee such notice shall not diminish Landlord's rights against Tenant, but shall
preserve all rights of Mortgagee to cure any default and to remove any property of
Tenant or Mortgagee located on the Premises, as provided in Section 18 of this Lease.
16. Successors and Assigns. This Lease shall run with the Property, and
shall be binding upon and inure to the benefit of the parties, their respective successors,
personal representatives and assigns.
17. Mediation and Arbitration. If any dispute or claim on law or equity
arises out of the Lease, Tenant and Landlord agree in good faith to attempt to settle
such dispute or claim by mediation under the Commercial Mediation rules of the
American Arbitration Association. If such mediation is not successful in resolving such
dispute or claim, then such dispute or claim shall be decided by neutral binding
arbitration before a single arbitrator in accordance with the Commercial Arbitration
rules of the American Arbitration Association. Judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof.
18. Waiver of Landlord's Lien. Landlord hereby waives any and all lien
rights it may have, statutory or otherwise, concerning the Antenna Facilities or any
portion thereof which shall be deemed personal property for the purposes of this Lease,
regardless of whether or not the same is deemed real or persodal property under
applicable laws, and Landlord gives Tenant and Mortgagee the right to remove all or
any portion of the same from time to time, whether before or after a default under this
Lease, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent.
19. Miscellaneous.
(a) The substantially prevailing party in any litigation arising
hereunder shall be entitled to its reasonable attorneys' fees and court costs, including
appeals, if any.
(b) Each party agrees to furnish to the other, within ten (10) days
after request, such truthful estoppel information as the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of
the parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to
this Lease must be in writing and executed by both parties.
SrrE&OP.L.EA (03/20/96) SLM-E Meridian 8
(d) If either party is represented by a real estate broker in this
transaction, that party shall be fully responsible for any fee due such broker, and shall
hold the other party harmless from any claims for commission by such broker.
(e) Each party agrees to cooperate with the other in executing any
documents (including a Memorandum of Lease in substantially the form attached as
Exhibit E) necessary to protect its rights or use of the Premises. The Memorandum of
Lease may be recorded in place of this Lease, by either party.
(f) This Lease shall be construed in accordance with the laws of the
state in which the Property is located.
(g) If any term of this Lease is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Lease, which shall continue in full
force and effect. The parties intend that the provisions of this Lease be enforced to the
fullest extent permitted by applicable law. Accordingly, the parties shall agree that if
any provisions are deemed not enforceable, they shall be deemed modified to the extent
necessary to make them enforceable.
(h) The persons who have executed this Lease represent and warrant
that they are duly authorized to execute this Lease in their individual or representative
capacity as indicated.
(i) The submission of this document for examination does not
constitute an offer to lease or a reservation of or option for the Premises and shall
become effective only upon execution by both Tenant and Landlord.
0) This Lease may be executed in any number of counterpart copies,
each of which shall be deemed an original, but all of which together. shall constitute a
single instrument.
(k) The parties understand and acknowledge that Exhibit A (the legal
description of the Property), Exhibit B (the Premises location within the Property) and
Exhibit C (the site plan) may be attached to this Lease in preliminary form.
Accordingly, the parties agree that upon the preparation of final, more complete
exhibits, Exhibits A, B and/or C, as the case may be, which may have been attached
hereto in preliminary form, may be replaced by Lessee with such final, more complete
exhibit(s).
SrrE&OP.LBA (03/20/961 SLM-B Meridian 9
The Executio$ Date of this Lease is the day of
LANDLORD:
. 1996.
L. McRae
Martie L. McRae
By:
TENANT: We
By:
Its:
Si nB&OP.LEA (03/20/96) SL2087-E Meridian 10
STATE OF IDAHO
S.S.
COUNTY OF ADA
On this l 1 4 day of September, in the year of 1996, before me Gary G.
Mapa, a notary public, personally appeared DenMis R. McRae and Martie L. McRae
proved to me on the basis of satisfactory evidence to be the
persons whose names areS 'bed toLI
instrument, and acknowledged that
they executed the same.
�2-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
'�•� '`� C orf
.�,,�A �•••oeaom� � �s�a
= : w• -MOP o L v
• )c14
•; AUBL�� e
,•00
•'•• 0 ,,.
OF
STATE OF WASHINGTON)
S.S.
COUNTY OF KONG )
w
NOTARY PUBLIC in and for the
State of IDAHO.
My commission expires on 8/9/02.
Ont ' day o 199 , before, me persona ly appeared
-DOl �% ,known to me to be the (' of
Western PCS H Corporation, the that executed the within and
foregoing instrument, and acknowled ed!the said instrument to be the free and
voluntary act and deed of said for the uses and purposes therein
mentioned, and on oath, stated that was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
y
S. RFpq
NOTAR PUBLIC in r the
State of Washington.
,qUv My commission expires421��
OrWASVN$4
Sn-B&OP.L.EA (03/20/96) SL2087-E Meridian 11
0
0
Premises Location Within the Property
To the Site Lease with Option dated this 1 I
u d of September,
Denis R. McRae and Martie L. McRae
and Western PCS II Corporation, as Tenant.
The location of the Premises within the Property is more particularly
depicted as follows:
1996, between
as Ijandlord,
descri and
UNION FUML M N
151 dg.
1'~ ui:L. ♦c� tt Ct
t
BOWER STREET -- �_ �:---•_��----�.—.-------�-- -�--��
NOT TO SCALE
SUMOP.LEA (03/20/96) S12087 -E Meridian 13
` EXFHBIT C
Site Plan
To the Site Lease with Option dated this i ! JA day of September, 1996,
between Denis R. McRae and Martie L. McRae as
Landlord, and Western PCS II Corporation, as Tenant. .� /0
Conceptual Site Plan and Equipment
Equipment Schedule
The installation may include the following_
• 2 BTS Units
• 9 Panel Antennas/including necessary mounts
• Surge Protector
• 2 Microwave dishes with associated radios
• Generator plug
• 1 System Demarcation Box
• 1 Electrical meter
• Cable for ground
Coaxial Cable
• Antenna Support Structure
• Additional equipment necessary to operate wireless telephone transmission site
SrrE&OP.LEA (03/20/96) S12W-B Meridian 14
Environmental Laws
To the Site Lease with Option dated this I da of September, 1996,
between Dens R. McRae and Martie L. McRae
7/17 Landlord, and Western PCS H Corporation, as Tenant. , %" �
As used in this Lease, "Environmental Laws" means all federal, state and local
environmental laws, rules, regulations, ordinances, judicial or administrative decrees,
orders, decisions, authorizations or permits, including, but not limited to, the Resource
Conservation and Recovery Act, 42 U.S.C. §§ 6901, et IM., the Clean Air Act, 42
U.S.C. §§ 7401, et sem., the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251,
et sem., the Emergency Planning and Community Right to Know Act, 42 U.S.C.
§§ 1101, et seq:, the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. §§ 9601, et Ee�c .., the Toxic Substances Control Act, 15
U.S.C. §§ 2601, et sem., the Oil Pollution Control Act, 33 U.S.C. §§ 2701, et sea., the
Hazardous Materials Transportation Act, 49 U. S. C. §§ 1801 et IM., the Safe
Drinking Water' Act, 42 U.S.C. §§ 300f through §§ 300f, and state laws, or any other
comparable local, state or federal statue or ordinance pertaining to the environment or
natural resources and all regulations pertaining thereto.
As used in this Lease, "Hazardous Substance" means any hazardous substances
as defined by the Comprehensive Environmental Response, Compensation and Liability
Act, as amended from time to time; any hazardous waste as defined by the Resource
Conservation and Recovery Act of 1976, as amended from time to time; any and all
material or substance defined as hazardous pursuant to any federal, state or local laws
or regulations or order; and any substance which is or becomes regulated by any
federal, state or local governmental authority; any oil, petroleum yroducts and their
by-products.
S1TE&OP.LEA (03/20/96) SL2W-E Meridian 15
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