22-214.00 K2Towers III: Tower Site Lease Agreement for Maintenace Shop •
THOMPSONATLANTA CINCINNATI COLUMBUS NI W YORK
HONECHICAGO CLEVELAND DAYTON WASHINGTON,D.C.
November 21, 2022
By FedEx
City of Spokane Valley Public Works •
11707 E. Sprague
Spokane Valley, WA 99206
Re: Request for Tenant Estoppel Certificate Relating to Tower Site Owned by Washington
Communications dba Day Wireless Systems, Inc., located near 3 miles NE of Spokane,
Washington(the "Property").
Ladies and Gentlemen:
Your landlord, Washington Communications dba Day Wireless Systems ("Day Wireless") plans
to assign its interest under the lease with your company (the "Lease") to another company, K2
Towers III,LLC("K2")in connection with Day Wireless'sale of its communications tower located
on the Property to K2.
In connection with the proposed assignment, the enclosed Tenant Estoppel Certificate is being
requested (a certificate on your preferred form is also acceptable). Please review, complete the
requested information, sign and return it to me in the enclosed self-addressed FedEx envelope on
or before December 5, 2022.
Day Wireless has given K2 and our firm the authority to request the estoppel certificate (see
enclosed authorization letter).
Your prompt attention to the estoppel certificate is greatly appreciated. A pre-paid FedEx envelope
addressed to me is provided for your use. If you have any questions, please contact me at
(216) 566-5535.
Sincerely,
Ryan B. Ponton
Enclosures
•
cc: Diane S. Leung, Esq.
•
Ryan.Ponton@ThompsonHine.com Fax: 312.998.4245 Phone:312.998.4233
THOMPSON HINE MP 20 North Clark Street,Suite 3200 www.ThompsonHine.com
ATTORNEYS AT Iww Chicago,Illinois 60602-5093 0:312.998.4240
F:312.998.4245
4888-556I-9126
,.,
A ,„, ii,„
"a :.
WIRELESS SYSTEMS
October 27, 2022
To the Tenants of Day Management Corp.
RE: Request for Estoppel Certificate relating to the communications towers owned by Day
Management Corp.
Ladies and Gentlemen:
Day Management Corp. ("DMC")authorizes your company and its affiliates (together,the
"Company")to provide information requested by K2 Towers III,LLC,through its counsel
Thompson Hine,LLP, for the purpose of completing an estoppel certificate concerning the lease
between DMC and the Company, and for providing documents and information relating to the
same lease.
Please feel free to contact me by phone at(503) 659-1240 ext. 2277 if you have any questions.
Sincerely,
Day Management Corp.
b 61,t)60(4 _
By:
Name: Bethany Davidson
Title: Contracts Manager
•
4700 SE International Way,Milwaukie,OR 97222
503-659-1240
www.davwireless.com
TENANT ESTOPPEL CERTIFICATE
(Fancher)
The undersigned("Tenant") is a party to that Tower Site Lease Agreement dated February
1, 2012 (the "Tower Space License") by and between Washington Communications dba Day
Wireless Systems (the "Tower Owner") and Tenant, pursuant to which Tenant is leasing space on
the Tower Owner's communications tower(the "Tower") at the tower site located near 3 miles NE
of Spokane, Washington. The Tower Owner is in the process of selling the Tower and related
assets, including, without limitation, the Tower Owner's rights and obligations under the Tower
Space License(collectively,the"Transferred Assets"),to K2 Towers III,LLC,a Delaware limited
liability company("Buyer"),and hereby requests that Tenant certify certain facts to Buyer in order
to induce Buyer to consummate its acquisition of the Transferred Assets.
Tenant hereby covenants, agrees and certifies to Buyer and its successors and assigns that:
(i)the Tower Space License is in full force and effect according to its terms; (ii)the present term
of the Tower Space License expires on January 31,2023,subject to renewal according to the terms
of the Tower Space License; (iii) neither Tenant nor, to Tenant's knowledge, the Tower Owner is
in default under the Tower Space License; (iv)the monthly rental payment due under the Tower
Space License is$218.73;(v) Tenant's equipment is presently installed and operating at the Tower
and Tenant does not intend to remove its equipment and facilities from the Tower and/or terminate
its utilization of the Tower prior to the expiration of the present term of the Tower Space License;
and(vi)the Tower Space License has not been amended.
Tenant hereby acknowledges and agrees that Buyer and its successors and assigns will rely
on this Certificate in agreeing to acquire the Transferred Assets.
TENANT:
CITY OF SPOKANE VALLEY PUBLIC
WORKS �,
By: �`% Z
Name: To' -' 1-A)Ai
Title: c,T-y -..4
Dated: ♦i -2 -z z
FANCHER
4888-5561-9126