TELECOMMUNICATIONS SITE LEASE AGREEMENT

THIS TELECOMMUNICATIONS SITE LEASE AGREEMENT ("Agreement") is

entered into this lqift day of ,WDUem.nea: 20l.D...-, between the City of Mercer Island, a
Washington, a Wa~hington municipal corporation ("Lessor"), and T-Mobile West Corporation, a
Delaware corporation ("Lessee").

1. Leased Premises. Subject to the following terms and conditions, Lessor leases to
Lessee a portion of the air and approximately four hundred (400) square feet of equipment space
for a proposed underground utility vault located within the right of way of Island Crest Way, on
the real property commonly known as Island Crest ("Property"). Lesseets use of the Property
shall be limited to that portion of the Property, legally described in attached Exhibit "A" and as
further depicted in attached Exhibit "B", together with a utility easement in form and content
reasonably acceptable to Lessor (collectively referred to herein as the "Premises").

2. Lease Term. The term of this Agreement shall be five (5) years commencing on
the date this Agreement is fully executed ("Commencement Date") and terminating on the fifth
anniversary of the Commencement Date ("Term") unless otherwise terminated as provided in
Paragraph 7 (the "Initial Term"). At its option, Lessee may renew the Agreement for up to five
(5) 5-year periods (each a "Renewal Term" and collectively, the "Renewal Terms"), provided
Lessee is not in default hereunder. This Agreement shall automatically renew for each
successive Renewal Term unless Lessee notifies Lessor, in writing, of Lessee's intention not to
renew this Agreement, at least ninety (90) days prior to the expiration of the Initial Term or any
Renewal Term. If Lessee shall remain in possession of the Premises at the expiration of this
Agreement or any Renewal Term without a written agreement, such tenancy shall be deemed a
month-to-month tenancy under the same conditions of this Agreement.

3. Permitted Use - Antenna Facilities.

(a) The Premises may be used by Lessee solely for the permitted purposes, of
installing, operating, enhancing, maintaining and removing an underground vault to house
communications equipment (equipment space) located within the right of way of Island Crest
Way, more particularly described in Exhibit "B" ("Antenna Facilities"). Lessee may add to, alter
or modifY the Antenna Facilities within the underground vault only upon prior written notice to
Lessor provided such modifications are otherwise within compliance with the terms of this
Agreement and applicable laws, rules and regulations. All other modifications may not be made
without the prior review and approval of the Lessor which shall not be unreasonably withheld.
Lessee's use of the Property shall be nonexclusive and the Lessor reserves the right to use the
Property (exclusive of the Premises which shall be for Lessee's exclusive use during the term of
this Agreement), for all lawful purposes.

(b) The installation and operation of the Antenna Facilities shall be subject to all
restrictions and conditions of the Mercer Island Land Use Code and Lessee is responsible for
obtaining all necessary permits and approvals and paying all fees directly related thereto prior to
commencing construction of the Antenna Facilities. The Antenna Facilities shall remain the
exclusive property of Lessee and are not deemed fixtures.

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 (c) Lessee shall remove the Antenna Facilities, at Lessee's sole cost, on or before
expiration of the Term or Renewal Terms. Within ninety (90) days following the cancellation or
termination of this Agreement prior to the expiration of the Term or Renewal Term, Lessee shall,
remove all of Lessee's equipment and the Antenna Facilities and shall surrender the Premises to
Lessor in the same or better condition as existed at the Commencement Date of this Agreement,
less ordinary wear and tear and other casualty beyond the control of Lessee.

(d) Lessee shall pay any additional utilities charges due to Lessee's use of electrical
power at the rate charged by the servicing utility company. Lessee shall have the right to install
utilities after obtaining all necessary permits and approvals, at Lessee's expense, and to improve
the present utilities on the Premises. Lessee shall obtain Lessor's prior consent, which shall not
be unreasonably withheld, conditioned or delayed, before installing new utilities or improving
the current utilities on the Property. In the event of an emergency or power outage, Lessee has
the right to use a standby power generator on the Property.

(e) Access for construction, routine maintenance and repair and other non-emergency
visits shall only be during business hours (defined as Monday through Friday, 7:00 am to 7:00
p.m.). In the event of an emergency, Lessee may access the Premises twenty-four (24) hours per
day, seven (7) days per week. Access shall be by foot or motor vehicle.

4. Rent.

(a) Within twenty (20) days of the Commencement Date and on the first day of each
month thereafter, Lessee shall pay to Lessor as rent one thousand one hundred forty and noll 00
($1,140.00) dollars per month ("Rent"). Rent for any fractional month at the beginning or at the
end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at 9611 SE
36th street, Mercer Island, WA 98040-3732, Attention: City Manager.

(b) Annual Rent Increases. The monthly Rent shall be increased on each anniversary
of the Commencement Date by four percent (4%) over the monthly Rent paid during the
previous lease year.

(c) Additional Consideration. As additional consideration for this Agreement, within

thirty (30) days after the Commencement Date, Lessee shall reimburse Lessor for all of Lessor's
actual and reasonable costs and expenses to negotiate and execute this Agreement, including
attorney's and consultants' fees and the time expended by the City staff and City Attorney's Office.
The parties stipulate that three thousand five hundred dollars and nollOO ($3,500.00) shall be paid
by Lessee to Lessor in full compensation for its costs and expenses incurred in negotiating this
Agreement and Lessee agrees that no further documentation shall be required from Lessor to
substantiate such costs and expenses.

5. Site Acceptance.

(a) Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense, all
licenses and permits or authorizations required for Lessee's use of the Premises (as defined
below) from all applicable government and/or regulatory entities (including, without limitation,

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zoning and land use authorities, and the Federal Communications Commission ("FCC")
("Governmental Approvals"), including all land use and zoning permit applications, and Lessor
agrees to cooperate with and to allow Lessee, at no cost to Lessor, to obtain a title report, zoning
approvals and variances, land-use permits, and Lessor expressly grants to Lessee a right of
access to the Property to perform surveys, soils tests, and other engineering procedures or
environmental investigations on the Property necessary to determine that Lessee's use of the
Premises will be compatible with Lessee's engineering specifications, system design, operations
and Governmental Approvals. Lessee will be deemed to have accepted the Premises at the time
Lessee commences installation of the Antenna Facilities pursuant to this Agreement.
Conducting feasibility and cost assessment and other inspections on the Premises or Property is
not deemed to be acceptance.

(b) Acceptance of the Premises by Lessee is conclusive evidence that Lessee accepts
the Premises as suitable for the purpose for which it is licensed, accepts the Premises and any
structure on the Premises "AS IS", and with all faults, and (subject to as otherwise expressly set
forth herein) waives all claims against Lessor in respect of defects in the Premises or the
Property and its structures and appurtenances, and their suitability for any permitted purpose.

6. Non-Interference.

(a) Lessee shall not use the Premises in any way that materially interferes with the
use of the Property by Lessor, or lessees or licensees of Lessor, with installations that predate the
Antenna Facilities. With respect to lessees or licensees whose operations' commence after
installation of the Antenna Facilities, Lessee shall not make any change in its operations that
causes or is intended to cause material interference with such lessees or licensees prior existing
operations. All operations of Lessee shall be in compliance with all FCC requirements and other
applicable laws and regulations.

(b) Lessor shall have the right to permit co-location of other telecommunications
equipment on the Property and Lessee consents to the same.

(c) For the purposes of this provision, "Interference" may include, but is not limited
to, any other use on the Lessor's Property that causes material electronic, physical obstruction or
interference with, or degradation of, the Lessee's communications uses and/or wireless signals.
Any level of discernible or measurable signal degradation or other interference is deemed as
material in nature and will fall within this section 6.

7. Termination. In addition to as otherwise set forth herein, this Agreement may be

terminated, without any penalty o'r further liability, on sixty (60) days written notice as follows:

(a) Unless otherwise set forth herein, by either party on default of any covenant or
term hereof by the other party, which default is not cured within sixty (60) days following receipt
of notice of default.

(b) By Lessee if any certificate, permit, license or approval affecting Lessee's ability
to use the Premises in the manner originally intended by Lessee is rejected through no fault of

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Lessee and after Lessee has used reasonable efforts to maintain such approvals, or if any
previously issued certificate, permit, license or approval is cancelled, expires, lapses, or is
otherwise withdrawn or terminated by the applicable governmental agency through no fault of
Lessee and after Lessee has used reasonable efforts to maintain such approvals.

(c) By Lessee if the Premises are or become unacceptable to Lessee under Lessee's
design or engineering specification for its Antenna Facilities or for the communications system
to which the Antenna Facilities belong or if Lessee elects to terminate this Agreement pursuant
to Paragraph 6 due to interference.

(d) By Lessor, for reasons involving public health, safety or welfare. In addition, if
the public's health, safety or welfare is endangered by the operations of the Antenna Facilities
and Lessee fails to discontinue its operations as soon as is reasonably possible after receipt of
notice thereof, and thereafter Lessee is unable to cure the conditions causing the endangerment
as soon as practicable but no longer then thirty (30) days after receipt of such notice, Lessor may
immediately terminate this Agreement. For purposes of this section 7(d), reasons involving
public health, safety or welfare shall be deemed to mean a final determination by the FCC that
facilities substantially similar to the Antenna Facilities as operated by Lessee pose an imminent
threat to the general public.

(e) By Lessor, if Lessee fails to comply with all applicable federal, state and local
laws, including, without limitation, all governmental codes, ordinances, resolutions, standards
and policies as now existing or hereafter adopted or amended, including, without limitation, all
requirements of the FCC and the Federal Aviation Administration (FAA) within any applicable
grace or cure period.

(f) By either party pursuant to Paragraph 16, "Relocation", of this Agreement.

In the event of any termination under this Section, Lessee shall pay Lessor all monies due
as of the date of termination, including rent, attorneys' and collection fees. In addition Lessee
shall, at its sole expense, return the Premises to the same or better condition than existed on the
Commencement Date (normal wear and tear, and casualty beyond Lessee's control, excepted),
and shall remove the Antenna Facilities.

8. Taxes. Lessee shall pay all personal property taxes, other taxes and assessments,
if any, assessed on, or any portion of, the Antenna Facilities or Lessee's use of the Premises.
Lessor shall pay, when due, all real property taxes and all other fees and assessments attributable
to the Property. However, Lessee shall reimburse Lessor, as additional Rent, any increase in real
property taxes levied against the Premises (excluding any additional taxes that relate to the
period prior to the Commencement Date, i.e., roll-back taxes) which is directly attributable to
Lessee's use of the Premises, and Lessor agrees to furnish proof, from the taxing authority, of
such increase to Lessee.

9. Insurance and Subrogation. Lessee shall maintain throughout the Term and any
Renewal Term of this Agreement, a policy of liability insurance covering the Lessee, which shall
name the Lessor as an additional insured, in amounts of no less than the following, in such form

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acceptable to Lessor and with such carriers having a rating acceptable to Lessor or AM Best's
rating of A- VII, and with deductibles as are ordinary and reasonable in keeping with industry
standards as reasonably determined by Lessee:

(a) Commercial General Liability. Combined single limit of not less than Two
Million Dollars ($2,000,000.) per occurrence and Three Million Dollars ($3,000,000) in the
annual aggregate.

(b) Comprehensive Automobile Liability: Combined single limit of not less than One
Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the annual
aggregate.

(c) Lessor may review the limits for the insurance policies required by this
Agreement at the beginning of any Renewal Term. Policy limits shall be adjusted to proper and
reasonable limits as circumstances warrant, as reasonably determined by Lessor, but in no event
shall such policy limits be reduced below those stated above or increased by greater than twenty
percent (20%)

(d) Lessee may satisfy the insurance requirements set forth herein through a
combination of primary and underlying umbrella policies.

10. Indemnity and Hold Harmless.

(a) Disclaimer of Liability. Unless otherwise set forth herein, Lessor shall not, at any
time, be liable for injury or damage occurring to any person or property caused by Lessee's
construction, installation, maintenance, repair, use, operation, condition or dismantling of the
Premises or the Antenna Facilities and Lessee expressly assumes all 'Such risk.

(b) Lessee agrees to indemnify and hold Lessor and Lessor's officers, employees,
agents, Council members, contractors, commissioners and invitees harmless from any and all
liability, damages or claims, (including without limitation, reasonable fees and expenses of
attorneys, expert witnesses and consultants for physical injury, loss, damage or liability, costs or
expenses) to the extent caused by the maintenance, construction, installation, repair, negligent
use or negligent operation of the Antenna Facilities and the equipment of Lessee to be installed
upon the antenna support structure that the Antenna Facilities serve, by Lessee or its employees,
contractors or agents on the Property and from Lessee's breach of any representation or warranty
as set forth herein.

(c) Lessor agrees to indemnify and hold Lessee and Lessee's officers, employees,
agents, contractors, and invitees harmless from any and all liability, damages or claims,
(including without limitation, reasonable fees and expenses of attorneys, expert witnesses and
consultants) for physical injury, loss, damage or liability, costs or expenses to the extent caused
by the negligence of Lessor or its employees, contractors or agents on the Property and from
Lessor's breach of any representation or warranty as set forth herein.

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 (d) The obligations described m this Paragraph shall survIve the expiration or
termination of this Agreement.

11. 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, or such other
address as a party may from time to time advise in writing:

If to Lessor, to:
City of Mercer Island
Attn: City Attorney
9611 SE 36th Street
Mercer Island, Washington 98040

If to Lessee, to;

T-Mobile USA, Inc.

12920 SE 38 th Street

Bellevue, WA 98006

Attn: PCS Lease Administrator / SE03440

With a copy to:

Attn: Legal Dept. / SE03440

T-Mobile West Corporation

19807 North Creek Parkway N

Bothell, WA 98011

Attn: Lease Administration / SE03440

With a copy to:

Attn: Legal Dept. / SE03440

12. Quiet Enjoyment, Title and Authority. Lessor represents and warrants to Lessee
that:

(a) Lessor has full right, power, and authority to execute this Agreement;

(b) Lessor has good and marketable title to the Premises free and clear of any liens,
restrictions or mortgages except those matters which are of public record as of the
Commencement Date; and

(c) There is direct legal ingress and egress to the Premises for Lessee's use for
vehicles and pedestrians from a public right-of-way. Subject to Section 6 of this Agreement,
Lessee shall have quiet enjoyment of the Premises during the Term of this Agreement and any
Renewal Terms.

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 13. Environmental Laws.

(a) Lessee represents, warrants and agrees that its use of the Premises and the
Property shall be in compliance with all environmental laws, including those described in Exhibit
"CO; ("Environmental Laws"). "Hazardous Substances" means asbestos or any hazardous
substance, waste or material as defined in any federal, state or local environmental or safety law
or regulation including, but not limited to, CERCLA.

(b) Lessor represents and warrants that it has no actual knowledge of Hazardous
Substance on the Property and that its use of the Property shall be in compliance with all
Environmental Laws. Lessee shall not introduce or use any such substance on the Property in
violation of any applicable laws.

(c) Lessor 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 by Lessee, that have occurred or which may occur
on the Property and which were caused by Lessor, its agents, contractors or employees.

(d) Lessee agrees to defend, indemnify and hold Lessor harmless from and against
any and all claims, causes of action, demands and liabilities including, but not limited to,
damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorneys' fees that
Lessor may suffer due to the release of any Hazardous Substance on the Property or the
migration of any Hazardous Substance to other properties or released into the environment, to
the extent caused by Lessee's activities on the Property.

(e) Lessor agrees to defend, indemnify and hold Lessee 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 attorneys' fees that Lessee
may suffer due to the release of any Hazardous Substance on the Property or the migration of
any Hazardous Substance to other properties or released into the environment, that are caused by
or result from Lessor's activities on the Property.

(1) The indemnifications in this section specifically include costs incurred in

connection with any investigation of Premises conditions or any cleanup, remedial, removal or
restoration work required by any governmental authority.

(g) The provisions of this section will survive the expiration or termination of this
Agreement with respect to acts or events occurring prior thereto.

14. Assignment and Subleasing. Lessee may not assign, or otherwise transfer all or
any part of its interest in this Agreement or in the Premises without the prior written consent of
Lessor which shall not be unreasonably withheld, conditioned or delayed; provided, however,
that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its
parent company, affiliate or subsidiary of it or its parent company or to any successor-in-interest
or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing
entity's interest, if any, in this Agreement as set forth in Paragraph 20 below, subject to the

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assignee assuming all of Lessee's obligations herein. Lessor may assign this Agreement upon
written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein.
Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign,
mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this
Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i)
has obligations for borrowed money or in respect of guaranties thereof, Oi) has obligations
evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or
with respect to letters of credit, bankers acceptances and similar facilities or in respect of
guaranties thereof. Upon such assignment, Lessee shall be relieved of all liabilities and
obligations accruing thereafter hereunder and Lessor shall look solely to the assignee for
performance under this Agreement and all such obligations hereunder provided such assignee is
of substantially similar financial strength or credit worthiness as Lessee.

15. Successors and Assigns. This Agreement shall run with the Property and shall be
binding on and inure to the benefit of the parties, and, subject to Section 14, their respective
permitted successors, personal representatives and assigns.

16. Relocation. In the event Lessor desires to redevelop, modify, remodel or in any
way alter the Property and/or any improvements located thereon ("Redevelopment"), Lessor
shall in good faith use its best efforts to fully accommodate Lessee's continued use of the
Premises. Should any proposed Redevelopment necessitate the relocation of the Antenna
Facilities, Lessee and Lessor shall use best efforts to find a mutually acceptable alternate location
for the Antenna Facilities. Lessee shall relocate or make the necessary alterations, at Lessee's
sole cost, expense and risk; provided, however that Lessor has provided Lessee with no less than
one hundred eighty (180) days prior written notice of Lessor's proposed Redevelopment. In the
event that Lessee and Lessor cannot agree on an alternative location for the Antenna Facilities on
the Property using best efforts, either party may terminate this Lease, the effective termination
date being ninety (90) days after expiration of the one hundred eighty (180) day notice period
referenced above and such termination shall be Lessee's sole remedy. lfthe parties agrees on an
acceptable alternate location for the Antenna Facilities, Lessor and Lessee agree to use their best
efforts to accomplish the relocation in a manner that does not interrupt Lessee's services
provided from the Property and to thereafter amend this Agreement to document the new,
alternate Antenna Facilities location, and from and after the date Lessee begins installation of its
Antenna Facilities at such new location, such new location shall be deemed the Premises (or part
thereof, as applicable) herein. Lessor's right to relocate Lessee pursuant to this Section 16 shall
be limited to a single relocation at Lessee's expense every ten (10) years. Any additional
relocations requested during any ten (10) year period shall be performed by Lessee but at the sole
cost and expense of Lessor which shall be recouped by Lessee through abatement of Rent
payments.

17. Restoration. In the event that Lessee causes damage of any kind during the
course of installing, operating or maintaining Antenna Facilities, including damage to the
Property caused by cutting, boring, jack hammering, excavation or other work, and including
latent damage not immediately apparent at the time of the work, Lessee shall repair the damage
and restore the Property at its sole cost and expense, without delay or interruption and within the
reasonable time period prescribed by Lessor. Restoration of the Property shall be to a condition

Page 8
that is equivalent to or better than the condition of the Property prior to commencing the
installation, operation or maintenance of the Antenna Facilities and in a manner reasonably
satisfactory to the Lessor.

18. Maintenance.

(a) Lessee shall, at its own expense, maintain the Premises and Antenna Facilities on
or attached to the Premises in a safe condition, in good repair and in a commercially reasonable
manner subject to force majeure or unless affected by destruction which is not the result of
Lessee's activities or operations. Additionally, Lessee shall keep the Premises free of debris and
(excepting Hazardous Substances which are addressed in Section 13 above) anything of a
dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat,
noise or any interference with Lessee services. Except as otherwise expressly set forth herein,
Lessee shall have sole responsibility for the maintenance, repair, and security of its Antenna
Facilities and leasehold improvements. Any tree pruning or cutting that is required for
installation and/or maintenance of the Premises and Antenna Facilities shall require the Lessee to
obtain a Tree Trimming/Cutting Permit from Lessor which shall not be unreasonably withheld,
conditioned or delayed. All tree work shall be done at the direction of the City Arborist to insure
that best management practices are followed.

(b) Lessee shall not be required to make any repairs to the Premises or Property
(except as otherwise set forth herein) unless such repairs shall be necessitated by reason of the
act, default or neglect of Lessee, its agents, employees, contractors, or invitees. Lessee is
required to make all necessary repairs to the Antenna Facilities except to the extent damaged by
Lessor, its agents, employees or contracts; such damage to be repaired by Lessor at Lessor's
expense.

19. Compliance with Laws. Lessee's use of the Premises is subject to its obtaining all
certificates, permits, zoning, and other approvals that may be required by any federal, state or
local authority. Lessee shall erect, maintain and operate its Antenna Facilities in accordance
with applicable Premises standards, statutes, ordinances, rules and regulations now or hereinafter
in effect as may be issued by the Federal Communications Commission, the City of Mercer
Island or any other federal, state or other governing bodies. Lessee specifically waives any right
to claim that any aspect of this Agreement is contrary to any provision of any local, state or
federal law (including the Telecommunications Act of 1996, ESSB 6676 or Titles 35 and 35A of
the Revised Code of Washington) in effect as of the date of this Agreement.

20. Waiver of Lessor's Lien.

(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which
are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the
same at any time without Lessor's consent.

(b) Lessor acknowledges that Lessee has entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the Lessee
Facilities (the "Collateral") with a third party financing entity (and may in the future enter into

Page 9
additional financing arrangements with other financing entitles). In connection therewith, Lessor
(i) consents to the installation of the Collateral subject to Lessee obtaining all necessary permits
and approvals and paying all associated fees. (ii) disclaims any interest in the Collateral, as
fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosures, sale, levy, attachment, or distress for any Rent due or to become due and that such
Collateral may be removed at any time without recourse to legal proceedings.

21. Miscellaneous.

(a) This Agreement 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 Agreement must be in
writing and executed by both parties.

(b) Each party agrees to cooperate with the other in executing any documents
neces&ary to protect its rights or use of the Premises, including but not limited to, a
Memorandum of Lease, easement agreements, and attornment to and non-disturbance agreement
from any existing or future mortgagee or ground lessor, assuring that Lessee may remain in
possession of the Premises without reduction in its rights under this Agreement should Lessor
default under said mortgage or ground lease. Such documents shall be commercially reasonable
in content and in form suitable for recordation. Each party may record a Memorandum of
Agreement in place of this Agreement.

(c) This Agreement shall be construed in accordance with the laws of King County
and the State of Washington.

(d) If any term of this Agreement is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Agreement, which shall continue in full force and effect.

(e) The parties agree that the terms and conditions of this Agreement are privileged
information, and that such information will be treated in full confidence and will not be revealed
to other persons, firms or organizations, expect as otherwise required pursuant to the Washington
State Public Disclosure Act, and any other applicable law, discovery request or court order.

(t) In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Agreement, such party shall not unreasonably delay
or withhold its approval or consent.

(g) If the Premises or the Antenna Facilities are damaged, destroyed, condemned or
transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date
of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to
Lessor no more than forty-five (45) days following the date of such damage, destruction,
condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this
Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of
use of the Premises.

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 (h) The persons who have executed this Agreement represent and warrant that they
are. duly authorized to execute this Lease in their individual or representative capacity as
indicated.

The Execution Date of this Lease is the date first written above.

LESSOR:

y: Richard M. onrad
Its: City_Manager

LESSEE: T-Mobile West Corporation,

a Delaware r. oration

By:

Its:

Page 11
STATE OF WASHINGTON )
) ss:
COUNTY OF KING )

On this I~ day of J€ No Wt..pe r

2010 before me personally appeared
Richard M. Conrad, known to me to be the City Manager of the City of Mercer Island, a
Washington municipal corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned, and on oath stated that s/he 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. ~ . . .

EILEEN M. ROBINSON
NDTARYPUBUC
prin~?:'~
NOTARY PUBLIC in and for the State of
STATE OF WASHINGTON Washington
My commission expires: /- eX 9- I ao 'f
CXlIISSDI EXPIRES JAN. 28, 2014

STATE OF UJrJt:h\(Ukl1 )
.. U') ss:
COUNTY OF ~\C\5 )
On this 144--4 day of £JOllfiY\W.;t= 20ilL, before me personally appeared
at executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument.

IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the
day and year first above written.

Page 12
 EXHIBIT A

to the Site Lease Agreement dated /...;~!f~' 20JJ2 between the City of Mercer Island,
a Washington municipal corporation, as Lessor, and T-Mobile West Corporation, a Delaware
corporation, as Lessee.

Legal Description

Subject property lies within Right of Way ofIsland Crest Way, being a portion of the southwest
quarter of Section 18, Township 24 North, Range 5 East, W.M., located in City of Mercer Island,
County of King, State of Washington; EXCEPT county roads.

Page 13
 EXHIBITB

To the Site Lease Agreement dated Vr.."t·,?mlJir/ /4 ,20 J() , between the City of Mercer
Island, a Washington municipal corporation, as Lessor, and T-Mobile West Corporation, a
Delaware corporation, as Lessee.

The location of the Premises (including easement's) described as Island Crest Way PSE, Site No.
WASEA572, within the Property is more particularly depicted in the drawings that follow:

Page 14
 I, ~ MObil;..··.I
••
INGl Jil(JRTHCAaiPl HIllIn N
.()TMn.....nott
om"'l {4HJ 38-7600

PRO.tECT INFORIU.110N:

REST/P;~

~•
SOUTH ISLAND C.

-Mobile-
SE03440A
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7607 80TH AVE NE
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 EXHIBITC

To the Site Lease Agreement dated 6J;.J..em kJ0t-. , C; , 20 IV, between the City of Mercer
Island, a Washington municipal corporation, as Lessor, and T-Mobile West Corporation, a
Delaware corporation, as Lessee.

Environmental Laws

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 seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the
Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and
Community Right to Know Act, 42 U.S.c. §§ 11 01, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances
Control Act, 15 U.S.C. §§ 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§ 2701, et
seq., and Washington or any other comparable local, state or federal statute 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 products and their by-products.

Page 15