HomeMy WebLinkAboutCAG1993-0975 - Original - Valley Communications Center - Cambridge Radio Site - 12/22/1993 TO:
city of Kent
Legal Department
220 4th Avenue South strwrttnacowowar
Kent, WA 93032 LEASE SUBORDINATION AGREEME,�TT MW this d C"W of
►aiard as a cost~
Attn: Laurie Evezich ftmdlINftacftft I*
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+MAifi d tb Wdtanrq
This TRI-PARTY AGREEMENT is made 19 ,
between THE CITY OF KENT, THE PORT OF SEATTLE, AND THE VALLEY
COMMUNICATIONS CENTER as follows:
WHEREAS, on October 27 , 1992 , the City of Kent entered into a
10
,,p lease agreement with the Port of Seattle, for the purpose of
Jrenting equipment space in a portion of a building located on real
C. property owned by the City of Kent and known as the Cambridge Radio
CD Site. A copy of such lease is attached as Exhibit A and
3 incorporated herein as if fully set forth; AND
C?`
WHEREAS, on February 18, 1993 , the City of Kent executed a
Purchase and Sale Agreement with the Valley Communications Center
(hereinafter Valley Com) for the sale of the 800 MHz Trunked Radio
System and a Mobile Data Terminal System, and the Cambridge Radio
site which included the building and radio tower (hereinafter "The
System") . A copy of the Purchase and Sale Agreement is attached
hereto as Exhibit B and incorporated herein as if fully set forth;
AND
WHEREAS, by sale of The System to Valley Com on February 18, 1993 ,
the leasehold interest held by Lessee, Port of Seattle, is
preserved and will remain in full force and effect for the length
Cif of its original term; AND
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WHEREAS, all payments of rent owed by the Port of Seattle for the
lease of equipment space at the Cambridge Radio Site shall now be
2 made payable to Valley Com; AND
WHEREAS, the City of Kent and Valley Com have executed a lease
triad �Npnarat d
►acord as a cvoww (hereinafter "Master Lease" attached hereto as Exhibit C and
1"'11"0"" incorporated herein as if fully set forth) for the rental of the
%Nfty Mr tM MUM a►
arwiatma>crwt. real property upon which the Valley Com facilities, equipment and
improvements are located; NOW THEREFORE,
The City of Kent, The Port of Seattle, and Valley Com do hereby
agree as follows:
1. That the Port of Seattle lease in Exhibit A be
subordinated to the Master Lease in Exhibit C entered
into between the City of Kent and the Valley
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Communications Center on the 1993
IN WITNESS WHEREOF, the parties have executed this Tri-Par
ty
,AVreement an subscribed their names as of the � of
O�-
1993 .
C OF KENT
LE
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
U)
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CD I certify that I know or have satisfactory evidence that Dan
Kelleher is the person who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Kent, Washington to be the free and voluntary
act of such party for the uses and purposes mentioned in the
instrument.
• Q
No ary Public in an for the tate of��
o Washington, residing L�
' A�8 1C •• My commission expires %Q
�Pc rr '6F S T L
BY
TITLE M.R. MU MUM
Scut
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I c tify that know or have satisfactory evidence that
/2�iiyl0it �.d_� is the person who appeared before me,
and said person acknowledged that he or she signed this instrument,
on oath stated that he or she was authorized to execute the
instrument and acknowledged it as the Of
t I Seattle, Washington to be the free and voluntary act of
cr2 �a .ty"If�r the uses and purposes mentioned in the instrument.
Notary Public in and for th State f
s �U���Cti i� of Washington, residing a .�
My commission expires
VALLEY cMMUNICATIONS CENTER
BY
TITLE.10
- �
��
O STATE OF WASHINGTON )
ss.
COUNTY OF KING )
O
�1
0T` I certify that I know or have satisfactory evidence that
,U ;��� ,,L,) is the person who appeared before me,
and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and
acknowledged it as the Director of the Valley Communications Center
to be the free and voluntary act of such party for the uses and
purposes mentioned in �4g instrument.
G%
Date: ,' C/ •�� Q' > O'• •� ✓`D'
T r�% Public in and for the tate of
—*-of �a�iington, residing at '
PUBL$4 ,-im"mission expires io - 2-y
r WAS' gee
"a.aa®sc*ee
APPROVED AS FORM• APPROVED AS TO FORM:
BY BY '
TITLE MA TITLE
`r✓�i NSte` T-_%c VA-UL&`/
G;Y-A M u�'IC f-Tw4u")
IIAA L TO: p ',�.(�'J starrart nee cwwey+4,
C ty of Kent paced this aocumm a
record as a customer
Legal Department courtesy and S*Wfs ao
220 4th Avenue South 'tea&u `
Kent, WA 93032
Attn: Laurie Evezich EXHIBITA.
LEASE AGREEMENT
1. PARTIES. This lease is executed on this �7 day of
LC) October, 1992 , by and between the City of Kent, Lessor, and the
CIO Port of Seattle, Lessee. The covenants contained in this lease are
C made in consideration of our mutual undertakings and of the
O leasehold granted.
2 . PREMISES. Lessor hereby leases to Lessee, a portion of
J% certain real property located in the City of Kent, Washington known
as the Cambridge Radio Site, the leasehold property described as
follows:
A. Equipment Row Space as specified in the floor plan
a—r diagram attached as Exhibit A and by this reference
Hincorporated into this lease.
B. Equipment space on the adjacent radio tower for the
purpose of mounting and operating specific antenna
equipment and microwave dishes as specified in the
diagram attached as Exhibit B and by this reference
U) po incorporated into this lease.
QP- C. The real property upon which the leased property is
~ situated is legally described in Exhibit C and by
this reference incorporated into this lease.
.•-a
The parties agree that the Lessee' s equipment is yet to be
installed. The Lessee shall conform installation of its equipment
sfe0wtuftcmienonto these exhibits, except where the Lessor determines during
paced this docaeeeat of
installation or any time during the term of this lease, this
rtcoro to . custom
courtesy and ocospts acnodifications to the specifications in the exhibits are necessary
f"hi'ft7fwtkecCerag0for efficient facility operations, in which case Lessee will make
rghdify at the docaNWIt
such modifications as directed by the Lessor.
3 . COMMON AREAS. The Lessor grants to the Lessee, for the use of
Lessee 's authorized employees and technical personnel, the non-
exclusive right to make reasonable and appropriate use of the
common areas shown on the attached diagrams, Exhibit A and Exhibit
B. Said right shall expire upon the termination of this lease.
Common areas include all entrances, driveways, parking areas,
loading and delivery docks and areas, walkways, trash and disposal
facilities. Lessee' s rights shall, however, be subject to the
similar rights of other Lessees; to Lessor' s ownership of, and
general rights to control and make changes in the common areas; and
Revert Tka campm pas
pao0d this dacwneot of
record as a custom&
courtesy sod scemb 0
tishoity fop the seceregor n€•�e v; ��n IK,33H �INQOt NiN W 90:82:69 899@-*0T0*F
"idity of the docivewL
to the Lessee' s duty to bear a pro rata share of the costs of
maintaining the common areas as provided for later in this lease.
Lessee agrees that Lessee's authorized employees and technical
personnel shall be subject to the site conduct regulations attached
as Exhibit D and by this reference incorporated into this lease.
4. LESSOR'S CONTROL OF COMMON AREAS. All common areas upon which
Lessee has a non-exclusive right of use, as provided for above,
remain in the ownership and control of the Lessor. The Lessor has
the exclusive power to construct and modify all such areas.
S. TERM. This lease term shall be for five (5) years and shall
begin on the 1st day of September, 1992, and end on the 31st day of
August, 1997, unless sooner terminated as hereinafter provided.
CO A. If for any reason whatsoever, the Lessor is unable
'►n to deliver possession of the premises by the date
O specified for the commencement of the term of this
CD
KT- lease, rent shall be abated until such date as
C) possession of the premises is tendered by the
Lessor, and in all other respects this lease shall
�T- remain in full force and effect and the lease term
(J` shall not be extended thereby. In no event shall
Lessor be liable for damages caused by failure to
deliver possession of the premises. If the Lessor
does not deliver possession of the premises to
Lessee within SIXTY (60) days after commencement of
the term, Lessee can elect to terminate this lease
by giving notice to the Lessor at any time before
the date the Lessor delivers possession of the
premises to the Lessee.
B. This lease may be terminated by either party
after a minimum 120 days written notice of an
intention to do so. Upon Lessor' s receipt of
such notice from the Lessee, Lessee shall
remove all its equipment from the premises at
its sole expense. If Lessee is not removed
from the premises at the end of the 120 day
notice period, Lessee may not enter the
premises except upon written authorization of
the Lessor.
6. RENT. Lessee promises to pay to the Lessor, a fixed rent of
five hundred and no dollars ( $500. 00) per month ($1, 500. 00 per
quarter) , payable quarterly in advance at the first day of each
quarter. All rents shall be made payable to the CITY OF KENT and
are to be received in the office of the:
City of Kent Fire Department
24611 116th Avenue S.E.
Kent, Washington 98031
7 . LATE PAYMENTS TAXES AND LICENSES.
A. LATE PAYMENTS. THERE WILL BE A LATE COLLECTION
CHARGE OF FIVE PERCENT (5%) OR THIRTY DOLLARS AND N0/100
($30. 00) , whichever is greater, plus one percent (1%) per
month interest for any delinquent rental not delivered to
Lessor by the tenth (10th) day of the month.
B. LICENSES AND TAXES. Lessee shall pay throughout
the term of this lease, all applicable taxes, and
all license and excise fees covering the business
conducted on the premises.
co
S. USE. The Lessee promises during the term and extensions of
co
CDthis leasehold, fully to occupy the leased premises and to conduct
r the following business there:
O
CDAn 800 MHZ trunked radio system to be used for the
"I�T Lessee' s Police and Fire Departments and by other
011 emergency services organizations as determined by the
Lessee.
The Lessee agrees to discuss at a future date the integration of
its system with the Lessor' s 800 MHZ system, and/ or a regional 800
MHZ system.
9. COMPLIANCE WITH ALL LAWS AND REGULATIONS. In using the
premises, Lessee will comply with all applicable laws, ordinances
and regulations, from any and all authorities having jurisdiction.
The Lessee specifically agrees to comply and pay all costs
associated with achieving such compliance without any notice of
requirement or requirements from Lessor, and that Lessor does not
waive this section by giving notice of demand for compliance in any
instance.
10. INDEMNIFICATION. Both parties agree that as to all claims,
actions, or causes of action of whatever kind or nature including
those by any person directly or indirectly employed by either party
made or asserted against either or both parties and relating in
3
any way to the subject matter of this lease each will be liable to
the other only to the extent of each party' s fault or causation and
shall indemnify the other for such amount. As to all such claims,
actions or causes of action which are the sole fault, negligence,
or causation of a party to this lease agreement, such party shall
have a duty to defend, save, and hold the other harmless, and upon
failure to do so shall pay reasonable attorneys fees, costs and
expenses incurred by the other party to this lease agreement in
defense of any such third party claims for actions or in asserting
its rights pursuant to this paragraph.
11. LIABILITY INSURANCE. Lessee shall, at Lessee' s expense,
maintain commercial general liability insurance, insuring against
any and all claims for injury to or death of persons and loss of or
damage to property occurring upon, in or about the premises as a
result of the acts or omissions of Lessee, its agents, employees,
invitees or licensees. Such insurance shall have liability limits
of not less than $1, 000, 000. 00 in respect of one occurrence or
Z0 accident, and not less than $2 , 000, 000. 00 annual aggregate. All
U-) such insurance shall name Lessor as an additional insured, with
co severability of interests indorsement.
V
CJ All such insurance shall be issued by carriers acceptable to Lessor
and shall contain a provision whereby the carrier agrees not to
'Ict cancel or materially modify the insurance without thirty days prior
written notice to the Lessor.
On or before taking possession of this lease, Lessee shall furnish
nish
Lessor with a Certificate of Insurance including a copy
the
endorsement naming the Lessor as an additional insured, evidencing
the aforesaid insurance coverage, and renewal certificates shall be
issued to the Lessor at least thirty days prior to the expiration
date of each policy for which a certificate was therefore
furnished. The Lessor reserves the right to a certified copy of
the policy on request.
No use shall be made or permitted to be made of the premises, nor
acts done, which will increase the existing rate of insurance upon
the premises (without consent of Lessor and compensation for
increased premiums) or cause the cancellation of any insurance
policy covering the premises, or any part thereof, nor shall Lessee
sell, or permit to be kept, used or sold, in or about the premises,
any article which may be prohibited by the standard form of
property insurance policies. Lessee shall, at its sole cost and
4
expense, comply with any and all requirements, pertaining to the
premises.
12. LESSEE EQUIPMENT AND IMPROVEMENTS.
A. Lessee shall submit to Lessor detailed plans and
specifications for the installation of its
equipment and improvements to the leasehold space
within sixty (60) days after the execution of this
lease. Standards attached in Exhibit E shall be
observed and by this reference incorporated into
this lease.
Lessee will begin installation of the equipment and
improvements no later than sixty (60) days after the
CO approval of the plans and specifications, and shall be
n completed within six months.
00
O
B. If Lessee substantially fails to install the
rJ equipment and improvements required by this lease,
LD this lease shall be terminated and all rentals paid
shall be forfeited to the Lessor.
U`
C. Lessee agrees to install all equipment and
improvements at its sole cost.
D. Lessee shall, at Lessee ' s sole expense, perform all
reasonable maintenance of and keep in good repair
the equipment and improvements to be installed in
the Cambridge Radio Site Building and the adjacent
radio tower. Said equipment and improvements shall
be maintained to the satisfaction of the Lessor.
All RF equipment or improvements installed shall
meet or exceed the standards attached in Exhibit E
and by this reference incorporated into this lease.
E. Lessee shall make no alterations or improvements to or
upon the premises or install any fixtures without first
obtaining written approval from Lessor.
F. Unless otherwise stipulated to by Lessor, all
improvements or alterations erected or made on the
premises shall, upon expiration or earlier termination of
this lease, belong to Lessor without compensation to the
Lessee, however, Lessor shall have the option to be
5
exercised on expiration or earlier termination of the
lease, to require the Lessee, at Lessee' s expense, to
remove any or all such improvements or alterations.
Radio system equipment installed by Lessee will not be
considered an improvement or an alteration.
13. CONDITION OF PREMISES. The Lessee has inspected and knows the
condition of the premises, and it is understood and agreed that the
premises are leased on an "as is" basis without any obligation on
the part of the Lessor to make any changes, improvements, or to
incur any expenses whatsoever for the maintenance or repair of the
premises.
14. CONSTRUCTION DEFECTS. Lessor shall not be liable to the
Lessee for claims or damages arising from any defect in the
construction of or the present condition of the premises, whether
known or unknown, or for damage by storm, rain or leakage or any
other occurrence.
CO 15. MAINTENANCE. Lessee shall throughout the term of this lease,
Ln without cost or expense to Lessor, keep and maintain the leased
co premises and all improvements, fixtures and equipment which may now
•<r or hereafter exist thereon, in a neat, clean and sanitary
U condition, and shall except for reasonable wear and tear, at all
times preserve the premises in good and safe repair. Upon the
d- expiration or sooner termination of the lease, Lessee shall
0" forthwith return the same in as good condition as that existing at
the commencement of occupancy, ordinary wear and tear excepted.
16. FORCE MAJEURE - SUSPENSION. Lessor' s failure to perform any
of its obligations under this lease, including a loss of service,
shall be excused if due to causes beyond the control and without
the fault or negligence of the Lessor, including but not restricted
to acts of God, acts of the public enemy, acts of any government,
fires, floods, earthquakes, and strikes.
17 . ENTIRE AGREEMENT- AMENDMENTS. This lease and the exhibits and
attachments referred to in it constitute the full and final
agreement of the parties on all subjects contained within it. All
prior negotiations and agreements are merged into this lease. No
subsequent agreement may modify this lease unless it is in writing
and signed by the parties or their authorized agents.
18. LIENS. Lessee will not permit any mechanics, labor, or
materialman liens to stand against the lease premises for any labor
or materials furnished to Lessee or claimed to have been furnished
6
to Lessee or to Lessee's agents, contractors, or sublessees, in
connection with work of any character performed or claimed to have
been performed on said premises or improvements by or at the
direction or sufferance of Lessee; provided however, that Lessee
shall have the right to contest the validity or amount of any such
lien or claimed lien. In the event of such contest, Lessee shall
give to Lessor reasonable security as may be demanded by Lessor to
insure payment thereof and prevent any sale, foreclosure or
forfeiture of the premises or improvements by reason of such non-
payment. Lessee will immediately pay a judgment rendered with all
proper costs and charges and shall have such liens released or
judgment satisfied at Lessee' s own expense.
19. SURRENDER OF PREMISES. At the expiration or earlier
termination of this lease, Lessee shall promptly surrender
possession of the premises to Lessor, and shall deliver to Lessor
all keys that it may have to any and all parts of the premises.
20. DEFAULT AND RE-ENTRY. If any rents above reserved, or other
obligations provided herein, or any part thereof, shall be and
remain unpaid when the same shall become due, or if Lessee shall
Ln violate or default on any of the covenants and agreements herein
COcontained, then Lessor may cancel this lease upon failure to cure
`J after following thirty (30) days notice to cure such deficiency,
O and re-enter said premises, using such force as may be required.
Notwithstanding such re-entry by Lessor, the liability of the
,.tzr Lessee for the rent provided for herein shall not be extinguished
lT for the balance of the term of this lease, and Lessee covenants and
agrees to make good to Lessor any deficiency arising from a re-
entry and reletting of the premises at a lesser rental than agreed
to herein. The Lessee shall pay such deficiency each month as the
amount thereof is ascertained by Lessor. In the event it becomes
reasonably necessary to make any changes, alterations or additions
to the premises or any part thereof for the purpose of reletting
said premises or any part thereof, Lessee shall also be responsible
for such cost.
21. ADVANCES BY CITY OF KENT FOR LESSEE. If Lessee fails to pay
any fees or perform any of its obligations under this lease other
than payment of rent, Lessor, city of Kent, will mail notice to
Lessee of its failure to pay or perform. Twenty (20) days after
mailing notice, if Lessee' s obligation remains unpaid or
unperformed Lessor may pay or perform these obligations at Lessee's
expense. Upon written notification to Lessee of any costs incurred
by Lessor under this paragraph, Lessee will reimburse Lessor within
twenty (20) days.
7
22. SIGNS. No sign, advertisement, notice or other lettering will
be exhibited, inscribed, painted or affixed by Lessee on any part
of the outside of the premises without the prior written consent of
Lessor; provided, that such consent shall not be unreasonably
withheld. If Lessee violates this provision, Lessor may remove the
sign without any liability, and may charge the expense incurred by
such removal to the Lessee; provided, however, Lessor shall give
Lessee written notice of Lessee' s violation of this provision and
Lessee shall have forty-eight (48) hours after receiving said
notice to comply with the terms of this provision. All signs
erected or installed by Lessee shall be subject to any federal,
state or local statutes, ordinances or regulations applicable to
signs.
23. INSPECTION. Lessor reserves the right to inspect the premises
at any and all reasonable times throughout the term of this lease;
provided, that Lessor shall not interfere unduly with Lessee' s
operations. The right of inspection reserved to Lessor hereunder
shall impose no obligation on Lessor to make inspections to
CO ascertain the condition of the premises, and shall impose no
`O liability upon Lessor for failure to make such inspections.
CCU
V 24. ASSIGNMENT OR SUBLEASE.
O
c) A. Lessee shall not assign or transfer this lease or any
'lzr interest therein nor sublet the whole or any part of the
01% premises, nor shall this lease or any interest thereunder
be assignable or transferable by operation of law or by
any process or proceeding of any court, or otherwise,
without the written consent of Lessor first had and
obtained, which consent shall not be unreasonably
withheld. If Lessor shall give its consent to any
assignment or sublease, this paragraph shall nevertheless
continue in full force and effect and no further
assignment or sublease shall be made without the Lessor's
consent.
B. If Lessee desires to assign, transfer, or sublease any
portion of this lease or any interest therein, it shall
notify Lessor in writing of said desire to assign or
transfer and the details of the proposed agreement, at
least thirty (30) days prior to the proposed date of
assignment, transfer, or sublease to a third party. The
notification shall include, but not be limited to a
financial statement of the proposed assignee, including
but not limited to a full disclosure of the monetary
8
payment or any other considerations involved, and an
affidavit from the proposed assignee stating he has
examined this lease, understands this lease, agrees to
assume and be bound by all of the Lessee's obligations
and covenants under this lease, the same as if it were
the original Lessee hereunder, and the proposed date of
assignment, transfer or sub-lease.
C. Lessor will review the request and respond with either an
approval or disapproval of the request not later than ten
(10) days prior to the proposed date. Disapproval of any
such request shall be final and binding on the Lessee and
not subject to any arbitration, provided that any
approval will not be unreasonably withheld. Lessor shall
charge to the Lessee a reasonable fee for administrative
costs in reviewing and processing any assignment or
sublease. Lessee may assign this lease to any wholly
owned subsidiary without obtaining Lessor's consent or
CO payment of fees.
Ln
CO
D. It is understood and acknowledged to by Lessee that as a
result of current efforts to establish a regional radio
CD network and the need to work inside of sub-regional
CD system ownership and management groups, Valley
IKT Communications may end up purchasing Lessor's system and
CrN expanding it to serve all cities served by Valley
Communications. Should this occur, Valley Communications
may also end up owning and managing the leasehold site
herein. In such event, Lessee consents to assignment of
this lease by Lessor to Valley Communications.
25. CONDEMNATION.
A. Lessor and Lessee will give to the other immediate
written notice of the receipt of notice of any
proceedings with respect to a condemnation and of any
intention of any authority to exercise the power of
eminent domain.
B. If all of the premises are taken by any lawful authority
under the power of eminent domain for a period which will
end on or extend beyond the expiration of the term of
this lease, this lease terminates as of the date
condemnor takes possession, and Lessee will have no claim
or interest in or to any award of just compensation
except that the Lessee will be entitled to an amount
9
equal to the fair market value of the Lessee's leasehold
interest in any improvement taken by the condemnor made
to the premises by the Lessee, but not to exceed the
amount of that part, if any, of the award attributable to
the value of the improvements.
C. If part of the premises is taken by any lawful authority
under the power of eminent domain for a period which will
end on or extend beyond the expiration of the term of
this lease, Lessor or Lessee may choose to terminate this
lease as of the date the condemnor takes possession. If
neither Lessor nor Lessee elects to terminate this lease,
the rent will be reduced in the same proportion that the
value of the portion of the premises to be taken bears to
the value of the entire premises as of the date condemnor
takes possession. Lessee will have no claim or interest
in or to any award of just compensation or damages except
that the Lessee will be entitled to an amount equal to
the fair market value of the Lessee' s leasehold interest
,O in the part taken by the condemnor of any improvements
CO made to the premises by the Lessee, but not to exceed the
CDamount of that part, if any, of the award attributable to
CD the value of the improvements.
i� D. If temporary use of all or a portion of the premises is
taken by any lawful authority for a period, which would
Q` reduce the leasehold and consequently, would cause the
premises to be untenantable for the use by Lessee for the
purposes set forth in the section of this lease titled
"Use, " at Lessee' s determination, then Lessor or Lessee
may choose to terminate this lease. If Lessor or Lessee
elect to terminate this lease, the lease will terminate
the date the condemnor takes possession and Lessee will
have no claim or interest in or to any award of just
compensation except that the Lessee will be entitled to
an amount equal to the fair market value of the Lessee's
leasehold interest in any improvements made to the
premises by the Lessee. If neither Lessor or Lessee
elects to terminate this lease, the lease will continue
in full force and Lessee will be entitled to receive any
award from the condemnor for the use of all or part of
the premises, EXCEPT that Lessee may elect to have the
rents reduced by the amount proportionally attributable
to any partial temporary taking, in which event the
Lessee shall not be entitled to any portion of the award
attributable to said use.
10
E. It is understood and agreed that Lessee shall not be
party to any negotiation or proceedings at law wherein
Lessor claims compensation other than that which is
defined statutorily as constituting "just compensation. "
26. ANTI-DISCRIMINATION. In all services or activities, and all
hiring or employment made possible by or resulting from this lease
there shall be no discrimination against any employee or applicant
for employment because of sex, age (except minimum age and
retirement provisions) , race, color, creed, national origin,
marital status, sexual orientation, or the presence of any sensory,
mental, or physical handicap, unless based upon a bona fide
occupational qualification. This requirement shall apply to but
not be limited to the following: employment, advertising, lay-off
or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Lessee shall
not violate any of the terms of R. C.W. 49 . 60, Title VII of the
Civil Rights Act of 1964 , or any other applicable federal, state,
CO or local law or regulations regarding non-discrimination. Any
r violation of this provision shall be considered a violation of a
CD material provision of this lease and shall be grounds for
ct cancellation, termination, or suspension, in whole or in part, of
CD the lease by the Lessor and may result in ineligibility for further
CD City agreements. The Lessee will also comply with other anti-
C7' discrimination laws or requirements of any and all jurisdictions
U` having authority.
27. HEIRS, AGENTS AND ASSIGNS. Without limiting any provisions of
this lease pertaining to assignment and subletting, the provisions
of this lease bind the heirs, legal representatives, successors,
agents and assigns of any of the parties to this lease.
28. HOLDING OVER. If the Lessee holds over after the expiration
or earlier termination of the term hereof without the express
written consent of Lessor, Lessee shall become a tenant at
sufferance only, at a rental rate equal to one hundred fifty
percent (150%) of the rent in effect upon the date of such
expiration (prorated on a daily basis) , and otherwise subject to
the terms, covenants and conditions herein specified, so far as
applicable. Acceptance by Lessor of rent after such expiration or
earlier termination shall not result in a renewal of this lease nor
affect Lessor' s right of re-entry or any rights of Lessor hereunder
or as otherwise provided by law. If Lessee fails to surrender the
premises upon the expiration of this Lease despite demand to do so
by Lessor, Lessee shall indemnify and hold Lessor harmless from all
loss or liability, including without limitation, any claim made by
11
any succeeding Lessee founded on or resulting from such failure to
surrender and together with interest, attorney's fees and costs.
29. HAZARDOUS SUBSTANCES. Lessee shall not, without first
obtaining Lessor' s prior written approval, generate, release,
spill, store, deposit, transport, or dispose of (collectively
"Release") any hazardous substances, sewage, petroleum products,
radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any
pollutants, or substances defined as hazardous or toxic in
accordance with applicable federal, state, and local laws and
regulations in any reportable quantities ("Hazardous Substances")
in or about the Premises. In the event, and only in the event,
King County approves such Release of Hazardous Substances on the
Premises, Lessee agrees that such Release shall occur safely and in
compliance with all applicable federal, state, and local laws and
regulations. Lessee shall indemnify, hold harmless, and defend
Lessor from any and all claims, liabilities, losses, damages,
cleanup costs, response costs, and expenses, including reasonable
attorney's fees arising out of or in any way related to the Release
by Lessee, or any of its agents, representatives, or employees, or
co the presence of such Hazardous Substances in, on or about the
cn Premises occurring at any time after the Commencement Date.
Iq30. NOTICES. Whenever notice must be given by one party to the
CD other under this lease, such notice shall be in writing and shall
CD be delivered personally or mailed by registered or certified mail
'd' to the following address:
S
To: The City of Kent
Norm Angelo, Fire Chief
Kent Fire Department
24611 116 Avenue S.E.
Kent, Washington 98031
To: The Port of Seattle
Doug Holbrook, Asst. Director of Aviation Operations
Port of Seattle, Seattle Tacoma International Airport
P.O. Box 68727
Seattle, Washington 98168
or to other such respective addresses as either party hereto may
hereafter designate in writing.
31. NON-WAIVER. No failure of the Lessor to insist upon the
strict performance of any provision of this lease shall be
12
construed as depriving the Lessor of the right to insist on strict
performance of such provision or any other provision in the future.
No waiver by Lessor of any provision of this lease shall be deemed
to have been made unless expressed in writing and signed by the
Lessor. No acceptance of rent or any other payment by Lessor by
Lessee after any default by Tenant shall constitute a waiver of any
such default or any other default. Consent by Lessor in any one
instance shall not dispense with necessity of consent by Lessor in
any other instance.
32 . ATTORNEYS FEES. If an action be commenced to enforce any of
the provisions of this lease, the prevailing party shall, in
addition to its other remedies, be entitled to recover its
reasonable attorneys' fees.
33. CAPTIONS AND CONSTRUCTION. The captions in this lease are for
the convenience of the reader and are not to be considered in the
interpretation of its terms.
34. REMEDIES CUMULATIVE. The remedies to which the Lessor may
co resort under the terms of this lease are cumulative and are not
� intended to be exclusive of any other remedies or means of redress
O to which the Lessor may lawfully be entitled in case of any breach
ITT or threatened breach by Lessee of any provision of this lease.
O
O 35. TIME IS OF THE ESSENCE. Time is of the essence to this lease.
11'
(?� 36. SEVERABILITY. If any term or provision of this lease or the
application of any term or provision to any person or circumstance
is invalid or unenforceable, the remainder of this lease, or the
application of the term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force.
IN WITNESS WHEREOF, the parties have executed this lease and
subscribed their names as of the of
1992 .
13
LESSOR: CITY OF KENT
BY
Yl„
TITLE_
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dan
Kelleher is the person who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Kent, Washington to be the free and voluntary
v act of such party for the uses and purposes mentioned in the
L7 instrument.
c�
1
CD
qrlr
CD Date: Stateof
Notary Public in and for the
CD of Washington, residing at
My commission expires /6,---4- y
ON
LESSEE: PORT OF SEATTLE .`° SAS.G�eF��♦♦
o NOrI'MY l� I.
BY - - - 2 =
PUBLICZ.
. 2
s�o
TITLE _ / , '. 9 •. ! ,eve, .•
♦♦��i��i00
WAsO�•
14
EXHIBIT "A"
1 ; POWER POLE 46 r
OUTSIDE FENCE
I 1
f
APPROX 10'DRIVE GATE
+ 1
r 1 FENCE-
TOWER BASE 19'
TOP 40 FEET HAS B' ACE
I
+ 1 I
I
Cf)
g 1 I
r Z I PORT ADDED HORIZONTAL&
I = 1 VERTICAL WAVEGUIDE SUPPORTSCD
5' I
o r I 75'I
BATTERY AND UPS SYSTEMS
I PORT UPS EQUIPMENT(4.5) � I
+ $ ------------------
I
1 N I
PORTADDED � I
GENERATOR y00�y
+ (APPROKGXIZ) F- ------------------ I
t e is, I
1 N
-III
+ I
1 I
PORT RADIQ EQUIPMENT(13_25'L
+ I
I I
+ I
r I
I I
+ 21'
MEN
I
r
I
I
I
r
I
T GATE SCALE: 1/8' - 1 FOOT
FILENAME:EXHIBITA.DRW I
DRAWN BY:KEVIN LEARNS 51 '
LAST REVISED:09/02/92 I
EXHIBIT "B"
PROPOSED PORT ANTENNA PLACEMENT
ON KENT CAMBRIDGE RADIO TOWER
140 ACTUAL TOWER HEIGHT
MAXIMUM HEIGHT WITH APPURTENANCES 146
150'
VALLEY COM VHF RX VOTER KENT TRUNK SYSTEM RX ANTENNA
KENT M1W TO SQUAK A 140'
PORT M/W TO AIRPORT 130'
120'
KENT MDT TX/RX ANTENNA KENT TRUNK SYSTEM TX ANTENNA
_______________ _ ____ 110' ESTIMATED TREE HEIGHT
PORT TX ANTENNAS
100'
90'
CO 80'
Ln
co
`,� 70'
O
'-a' 60'
50'
40'
30'
20' DRAWING NOT ORIENTED NORTH/SOUTH
SCALE
112" = APPROX. 10 FEET
10'
TOWER BASE 19' FILENAME:EXHIBITB.DRW
NORTH WEST EAST GROUND LEVEL DRAWN BY:KEMIN ED KEARNS
LEG LEG LEG
EXHIBIT "C"
KENT'S CAMBRIDGE RADIO SITE
407.49'
N
TREED AREA
LOCATIONS NOT ACTUAL/
320.61' COUNT APPROXIMATE
110,
0 0
o °
° ° ° ° ° ° LEGAL DESCRIPTION:
° ° ° ° ° ° ° TAX LOT#157, IN THE NW OTR OF THE S%
° OF SECTION 27,TOWNSHIP 22, RAI JGE 4,
° EAST OF THE WILLAMETTE MERIDI N, KIN(
O i 0 0 0 0
N 50'OIAMETE o
j o _
i 0 0
° PROPOSED BUILDING(21'X 231
°° °° _ ° AND TOWER(19'BASE) $D
co
L (V
C� co
^ POWER/RIONE SERVICE
V ._......_._..._.._.
NEW POLE
FIRE STATION FENCE
LD r
F-- - 12 i
ON � i
co POWER SERVICE
N 20' WEST HILL FIRE STATION/
a 240' POLICE SUBSTATION
60'
I
656.21'
MILITARY ROAD SOUTH
APPROXIMATE SCALE 1" = 100'
FILENAME:EXHIBITC.DRW
LAST REVISED:08/25/92
DRAWN BY:KEVIN KEARNS
EXHIBIT "D"
SITE CONDUCT REGULATIONS
Security and Access:
There are three (3) gates with locks that need to be managed at the site. The outer drive
gate and the inner drive gate have a number of locks in series. IT IS VERY
IMPORTANT THAT THE LOCK SERIES BE PROPERLY MAINTAINED WHEN
SECURING THE SITE SO AS NOT TO LOCK OUT OTHER AUTHORIZED
ACCESS. Locks should be locked when you are inside the site so they are not stolen
by kids while you are inside working.
One numbered copy of all required keys will be issued to the Port of Seattle for use by
all your authorized personnel. No duplication of these keys is allowed.
The equipment room has an entry alarm. Valley Com will dispatch Kent Police to the
site if the alarm is activated and the person inside does not have the proper security code.
Care should be taken to make sure the alarm is reactivated when leaving.
There are HALON and pressure water extinguishers on-site. If you have used them
immediately report this to the site manager so they can be serviced.
al
to
Any problems with any of the security aspects of the site should be reported immediately
to the site manager.
O
0 Equipment of Others:
d
01% Common site courtesy dictates that on-site personnel only access their own equipment
and make no access, use or adjustment to the equipment of others. If there is a need to
do so, the site manager should be contacted to arrange such access.
There is a safety belt with safety cable attachment at the site which can be used as
needed for tower work. Please see that it is treated properly and gets returned to its
storage location when used.
Site Upkeep:
There is no garbage pickup service at the site. All waste material should be removed
from the site at the end of each work session. There is a small waste basket on-site that
can be emptied in the dumpster located on the south end of the fire station parking lot.
The site should be broomed after any work. This includes wire ends and clippings.
Periodic vacuum cleaning is also appropriate.
REPORT ANY PROBLEMS TO THE SITE MANAGER PROMPTLY
f EXHIBIT "F"
WESTERN WASHING70N
COOPERATIVE INTERFERENCE
COMMITTEE
WESTERN WASHINGTON COOPERATIVE INTERFERENCE COMMITTEE
WWCIC ENGINEERING STANDARD #6 REV B. (11-88)
FOR EMISSION DESIGNATOR 20A0 thru 3 & 20FO thru 3
All communications fixed transmitter installations shall employ isolators or
alternative techniques meeting the same criteria, to minimize spurious radiation
and intermodulation products. Additional filtering required according to frequency
and interconnect devices are listed below:
1. Transmitters in the 25 to 54 MHz range shall have isolation of at least 20 dB
followed by a low pass filter, then a band pass filter or cavity providing a
minimum of 30 dB attenuation removed 1.0 MHz from the operating
frequency.
2. Transmitters in the 66 to 88 MHz range shall have at least 25 dB of isolation
followed by a band pass cavity providing at least 20 dB of attenuation
1.0 MHz from the operating frequency.
00 3. Transmitters in the 130 to 225 MHz range shall have at least 50 dB of
CD isolation followed by a low pass filter and band pass cavity with a minimum
of 25 dB attenuation 1.0 MHz removed from the operating frequency.
4. Transmitters in the 400 to 470 MHz range shall have at least 50 dB of
isolation followed by a low pass filter and band pass cavity with a minimum
of 15 dB of attenuation 1.0 MHz removed from the operating frequency.
5. Transmitters in the 806 to 960 MHz range shall have at least 50 dB of
isolation followed by a low pass filter and band pass cavity with a minimum
of 15 dB of attenuation 1.0 MHz removed from the operating frequency.
The following general engineering standards shall be observed:
I. A band pass cavity or crystal filter is recommended at the input of all
receivers. Its purpose is to protect against RF energy "off frequency" from
mixing in a non-linear device such as the first RF amplifier in a receiver,
which can re-radiate causing interference.
2. The band reject duplexer (cross notch duplexer) may not be used without a
cavity/isolator outlined above.
3. Single braid coax cable is prohibited. Double shielded cable must have over
98.5% shield coverage.
4. Jacketed coaxial cable is required, unjacketed transmission line of any type is
prohibited.
One Newport, Suite 414, 3605-132nd Ave. SE, Bellevue, WA 98006
23/3065/20
01/03/89
5. Use of "N" or "TNC" connectors is preferred over other non constant -
impedance types. Every effort should be made to prevent the use of coax
adaptors.
6. All equipment is to be grounded and shielded. Grounding is to be done with
copper strap or heavy braid to a station ground grid. The "green wire" of the
AC power plug is not an acceptable grounding point.
7. Transmitting systems must be checked periodically, which includes the
isolator, VSWR on the load port of the isolator and overall system insertion
loss.
S. Bare metallic ties are prohibited for securing transmission lines to towers. In
the case of large lines, use of stainless steel or galvanized hangers is
permitted. Hardware capable of rusting and dissimilar metals are prohibited.
Transmission lines are to be insulated from metallic structures/objects. It is
the duty of the installation personnel to prevent "diode junctions" from taking
place.
co 9. - All loose wire or metal objects are be removed from the tower and- site.
� Metal fencing should be plastic coated.
0
"KT 10. All equipment shall be licensed and operated in full accordance with all
CD applicable rules and regulations of the regulating agency (FCC, NTIA). There
O shall be no modifications which violate "FCC Type Acceptance."
mot'
11. It is recommended that all equipment be labeled with the owners name and a
current 24-hour telephone contact number (service agency is acceptable).
12. Every effort should be made to protect the equipment from lightning damage.
Feed-through lightning protectors should be used on all coaxial cable
connections to equipment enclosures. Gas, gap and MOV protectors should be
used on control, audio, telephone and power connections.
INTERFERENCE POLICY STATEMENT
In the event radio interference (RI) occurs and the above standards are complied
with, additional isolators, filters, cavities, etc. may be required to correct specific
problems.
Involved systems, not in full compliance with these standards, will be asked to
comply immediately.
The standards listed are minimums found to be- good engineering practice in the
operation and maintenance of electronic sites.
23/3065/20
01/03/99
E)JIBITI.
AGREEMENT BETWEEN VALLEY COMMUNICATIONS CENTER AND THE CITY OF
KENT FOR PURCHASE BY VALLEY COMMUNICATIONS CENTER FROM THE CITY
OF KENT OF 800 MEGAHERTZ TRUNKED RADIO SYSTEM AND MOBILE DATA
TERMINAL COMMUNICATIONS SYSTEM
THIS AGREEMENT is made and entered into this 18th day of
February, 1993, by and between Valley Communications Center, an
administrative agency formed and existing pursuant to RCW
39 . 34 . 030 (3) (b) (hereinafter "Valley Com" ) , and the City of Kent,
a municipal corporation, formed and existing under the laws of
the state of Washington (hereinafter "Kent" ) .
WHEREAS, Kent has purchased and developed an 800 megahertz
.,.0 trunked radio system (hereinafter " 800 MHZ " system) , a mobile
co data terminal communications system (hereinafter "MDT" ) and site
CD
qQ-
CD facilities to support both systems; and
� WHEREAS, Valley Com has budgeted for and has need of the MDT
l?,
system; and
WHEREAS, the public has passed a levy for regional purchase
and coordination of an 800 MHZ system; and
WHEREAS, the 800 MHZ system involves the right to use
certain frequency licenses including several 806-821/851-866
( "80611 ) frequencies that have unique regulations and which are
very valuable to the regional system; and
WHEREAS, Valley Com would be in a more advantageous
bargaining position as a subregion with respect to the use of the
800 MHZ system and the use of the "806" frequencies as well as
the NPSPAC frequencies (821-824/866-869 ) ; and
WHEREAS, the regional levy has provided adequate funds to
either purchase the 800 MHZ system and use it, or, if the
Interlocal Agreement Between Valley
Conn and the City of Kent- 1
technology is outdated, to pay the owner of the 800 MHZ system
for its initial investment; and
WHEREAS, monies have been preliminary budgeted for the
purpose of buying and using the 800 MHZ system or compensating
the owner thereof for the system should the technology by
outdated.
NOW, THEREFORE, in mutual consideration of the covenants set
forth below, the seller, City of Kent, and the purchaser, Valley
Communications Center, do hereby agree to the purchase and sale
of the 800 MHZ radio system and MDT system as follows .
�10 1 . Bill of Sale: Kent does hereby bargain, sell and
r
convey unto Valley Com all right, title and interest to the 800
Ilzr
O MHZ and MDT communications systems including frequency channels
O
1r-r assigned and licensed thereto, as more particularly described in
S
Exhibit "A" attached hereto and incorporated herein as if fully
set forth.
2 . Assignment of Frequencies: Kent does hereby agree to
and does assign to Valley Com all frequencies licensed or
controlled by Kent for the 800 MHZ and MDT systems and Kent
agrees to take all necessary steps, except the payment of
relicensing fees, to see that the licenses are properly
transferred to Valley Com.
3 . Payment for 800 Trunked Radio System:_ Valley Com will
pay $850, 000 . 00 for the system. It is understood that the money
may come to Valley Com piecemeal and without any set time frame .
Once the money becomes available to Valley Com it will be paid
over to Kent. No interest will be charged. All payments must be
Interlocal Agreement Between Valley
Com and the City of Kent-2
made by the end of 1996 . However, if the full $850, 000 . 00 is not
obtained from the levy or through sale of pieces of equipment
through the levy, then the terms of payment will be renegotiated
between Kent and Valley Com.
4 . MDT System and Site Development Payments: Valley Com
will pay $322, 827 . 84 for the MDT system and site development
costs to be paid over the years 1993 through 1996 . Kent will
receive the first payment of $125, 000 . 00 in 1993, with three
equal payments thereafter without interest. Kent and Valle Coma. V
3q P Ym Y
have agreed to assign the purchase price under this paragraph, y, 9 -S°
•,C
' with $135, 885 . 59 being assigned to site development costs and
O
'd $186, 942 . 25 being assigned to MDT systems costs .
U
i� 5 . 800 and MDT Service Levels: Valley Com will set
�i-
functional standards and enforce them so that the service levels
of the 800 MHZ and MDT systems will not degrade. If the
functional standards are violated, then Valley Com must upgrade
the systems , expand the systems, or allow no further users of the
systems . In the event there is degradation of the service levels
without adequate funding to upgrade or expand the systems, then
this issue shall be reopened for further negotiation.
6 . Talk Groups: Valley Com will set standards for the
use of talk groups and enforce them. To the extent that the
standards allow discretionary use of talk groups, Kent will have
the discretion to use the talk groups assigned to them in the
fashion that it wishes , subject to Valley Com operational rules .
The standard shall be designed so that there will be no
degradation of existing communications systems service or
Interlocal Agreement Between Valley
Com and the City of Kent-3
capacity in talk groups . It is realized that the regional rules
may alter this portion of the agreement, and this portion of the
agreement is intended to be in effect until regional rules are
adopted.
7 . Leases: Kent will assign the Port, of Seattle
equipment space lease to Valley Com and will use its best efforts
to assign the Squak Mountain lease to Valley Com. If undue
problems occur in assigning the Squak Mountain lease to Valley
Com, then it will be kept in Kent ' s name and Kent will allow
Valley Com to use its lease with reimbursement to Kent for the
direct costs of such a lease.
Kent is -presently using its Cambridge tank site as a
part of the 800 MHZ system and agrees to enter into a lease of
O
that portion of that property presently necessary for continued
CD
� use of the equipment necessary for the 800 MHZ . The parties
agree to pay and accept fair market rental for the property.
There is presently a proposal from Kent pending and Valley Com is
reviewing that offer. If the parties cannot agree on a lease
price or term, then the parties will appoint an arbitrator whose
decision on all lease terms including price and duration of lease
shall be final and binding upon both parties . If the parties
cannot agree on an arbitrator then each party shall appoint their
own arbitrator and the arbitrators shall appoint a third
arbitrator. The majority decision of the arbitrators will be
binding on the parties . The procedure on arbitration shall be
controlled by the Superior Court Mandatory Arbitration Rules
(MAR) and Local Rules (LRMAR) as much as is practical . The costs
Interlocal Agreement Between Valley
Com and the City of Kent-4
of arbitration, whether one person or three person arbitration,
will be split between the parties . Valley Com and Kent agree to
sign a lease document, whether arrived at through negotiation or
arbitration.
8 . Maintenance and Upgrade: Valley Com will become
responsible for the maintenance and necessary upgrades of the 800
MHZ and MDT systems upon signature of this agreement.
9 . Future Access: Valley Com will hereafter assume
Kent ' s responsibilities for dealing with the Port of Seattle over
any proposal to merge communication systems hereinafter.
v, Likewise, Valley Com will be responsible for entertaining any
Ln
other proposals for access to, use or merger with the Valley Com
pMDT and 800 MHZ systems following signature of this agreement.
O
t7`
VALLEY COMMUNICATIONS SYSTEMS CIT OF ENT
By: By:
Its : D n Kelleher, Mayor
April 8, 1993
ATTEST
By:
City Cler
Approve s to form: Approved as to form: '
Y.
Lawrence J. /Warren R er A. u
Ll City Attorney
City11:02.
Interlocal Agreement Between Valley
Com and the City of Kent- 5
EXHIBIT A
800 MHz SMARTNLT TRUNKED RADIO SYSTEM,
MOBILE DATA TERMINAL (MDT) SYSTEM
AND RADIO SITES
EQUIPMENT LIST
The following listing indicates a general description of the facilities, equipment and frequencies
that are considered a part of the systems being acquired by Valley Coin.
Cambri&e Radio
The Cambridge Radio Site has been developed on a parcel of land owned by the City of
Kent, adjacent to their Cambridge water tank and situated behind Kent's West Hill Fire
Station, located at 26512 Military Road South. The site is approximately 45' by 75' and
is fenced. The site is serviced with single phase commercial power from Puget Power
I-0 and has telco service (200 pair cable) from US West. There is no water to the site. The
to site is also supported by an emergency generator which was provided by the Port of
OSeattle as part of their lease agreement and remains a part of the site.
The site is composed of two structures, a 140' Microflect antenna support tower (108-
�a L850340) and a radio equipment building measuring approximately 28' by 23'. Detailed
Q. construction drawings, plans, engineering documents and as-built photographs will be
provided.
The tower is fully developed with multiple waveguide ladders, climbing ladder,
safety climb system and anti-climb guard.
The building is a wood frame, slab-on-grade structure with thermostatically
controlled ventilation/cooling. The building-is fully insulated. There is no air
condirioning in the building. The building has smoke and heat detection, room
temperature detection, door entry alarms and site power alarms, all integrated into .
the Inttac alaiiu systein. There is also a complete overhead cable tray system.
Audio and data communications with Valley Com are accomplished with Telco Systems
digital channel bank equipment operating on a T-1 circuit (Circuit Number 6-UHDA-
0050) leased from t1S West. There are also two OPX circuits serving the site off Kent's
PBX (OSNA 206-859-2862 40A and 40B), one for normal telephone use and the other
to provide dial-in access to the SSMT.
EXHIBIT A - PAGE 1
Vallev_Communications Center
In general, the modifications and equipment additions done at Valley Com as a part of
the system involved upgrades to the CentraCom II+ console system to make it
compatible with Smartnet trunking, the addition of three (3) control stations in selected
console positions and the implementation" of a' VHF-to-800 patch system to allow
interoperability of all Valley Corn users. Also included was the T-1 link to the
Cambridge site (including an inventory of spare channel bank and CSU cards) and the
installation of Intrac alarm equipment.
SQuak Mountain
The lease at Squak Mountain is for 147 square feet of space in King County's facility.
In general all system equipment is installed in what is known as the "guest room", with
the exception of battery equipment which lives in the "battery room". The development
of this site was essentially all "system" equipment, with the exception of electrical
modifications in the guest room.
800 MHz Smartnet Trunked Radio System
The system is a two-site simulcast trunked radio system with six (6) channels. The
110 Cambridge site is the "prime" site and Squak mountain is a "remote" site. The sites are
to linked by a 6 gigahertz microwave system that is fully equipped for the current system
CO capacity and includes an inventory of spare cards for critical components. The
O microwave system is licensed under call sign WNTF934 on 6555.0000 MHz at
Cambridge and call sign WNTF935 on 6825.0000 MHz at Squak Mountain.
CD
sThe Smartnet system utilizes the-following frequencies, which are licensed under call
sign WNQC445:
Channel ##1 808.3125/853.3125 MHz
Channel #2 807.6125/852.6125 MHz
Channel ##3 807.1125/852.1125 MHz
Channel ##4 806.9625/851.9625 MHz
Channel ##5 806.8125/851.8125 MHz
Channel ##6 809.2875/854.2875 MHz
EXHIBIT A - PAGE 2
System equipment is fully documented in aS-built documentation which is located and
maintained at every site. In general this equipment includes:
CentraCom II+ Central Electronics Bank (CEB) cards and components
Main and Back-up Central System Controllers
Site Controllers
Digitac Comparators
Simulcast control, optimization and test equipment, including Efratom rubidium
standards at each site
MSF5000 repeaters
Antenna systems including combiners, multi-couplers, and line air compressors
DC Backup power systems for microwave and MSF5000 transmitters
UPS systems for control electronics
Stand-alone System Manager Terminal (SSMT) with multi user capability.
System Watch Terminal
LO
CC) Standard inventory of spare cards and components
CD Local Assignment System (LAS) with Radio Service Software (RSS) for Spectra
O and MTX820S radios
O Intrac alarm monitoring system
Q�
Mobile Data Termi_nal_.(MDT) S• stern_
The MDT system operates from a single transmit location at the Cambridge site. The
MDT system was developed as a stand-alone system and utilizes frequencies and antenna
systems separate from the trunked system. Implementation of the MDT system included
software modifications to the 'Valley Com Computer Aided Dispatch (CAD) system to
provide MDT functionality and message switching capability.
The MDT systtni utilizes the following frequencies, which are licensed under call sign
WNQC446: 807.7125/852.7125 MHz
System equipment is fully documented in as-built documentation which is located and
maintained at every site. In general this equipment includes:
Network Control Processor (NCP500)
MSF5000 data base radio with GCC interface
Antenna system
EXHIBIT A - PAGE 3
11-W ran,Q."W
wxvo of*Mmw K
MALL TO: SW
City ,cf Kent \� a�a
Legal Department �e
220 4th Avenue South EXHOB
Kent, WA 93032 L//��
Attn: Laurie Evezich
LEASE AGREEMENT
1. PARTIES. This lease is executed on this day of Ai*gust—
^- 1993, by and between the City of Kent, a municipal corporation
U') formed pursuant to RCW 35A, hereinafter Lessor, and the Valley
co Communications Center, an administrative agency formed pursuant to
� RCW 39. 34, hereinafter Lessee. The covenants contained in this
CD lease are made in consideration of our mutual undertakings and of
CD the leasehold granted.
IId'
(7% 2. PREMISES. Lessor hereby leases to Lessee, a portion of
certain real property located in the City of Kent, Washington known
as the Cambridge Radio Site, the leasehold property described as
follows:
"t
A. The real property upon which the leased property is
Z situated is legally described in Exhibit A attached
�d and by this reference incorporated into this lease.
.�.+
� Jo 3. COMMON AREAS. The Lessor grants to the Lessee, for the use of
Lessee's authorized employees and technical personnel, the non-
exclusive right to make reasonable and appropriate use of the
common areas shown on Exhibit A. Said right shall expire upon the
termination of this lease. Common areas include all entrances,
driveways, parking areas, walkways. Lessee' s rights shall,
however, be subject to Lessor's ownership of, and general rights to
eas; and to the Lessee' s
control and make changes in the common ar
$Newrb"�raduty to bear a pro rata share of the costs of maintaining the
amw � �,,,, *common areas as provided for later in this lease. Lessee agrees
«wd as a that Lessee's authorized employees and technical personnel shall be
"ad me" :subj ect to the site conduct regulations attached as Exhibit B
Wft to&4 mom
*why oftwe and by this reference incorporated into this lease.
4 . LESSOR'S CONTROL OF COMMON AREAS. All common areas upon which
Lessee has a non-exclusive right of use, as provided for above,
remain in the ownership and control of the Lessor. The Lessor has
the exclusive power to construct and modify all such areas.
S. TERM. The term of this lease shall be for one five (5) year
term and shall begin on the 1st day of July, 1993 , and end on the
30th day of June, 1998, unless sooner terminated as hereinafter
provided. The Lessee shall have the right to renegotiate this
lease for three additional terms at a rental rate mutually
agreeable to the parties.
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A. If for any reason whatsoever, the Lessor is unable
to deliver possession of the premises by the date
specified for the commencement of the term of this
lease, rent shall be abated until such date as
possession of the premises is tendered by the
Lessor, and in all other respects this lease shall
remain in full force and effect and the lease term
shall not be extended thereby. In no event shall
Lessor be liable for damages caused by failure to
deliver possession of the premises. If the Lessor
does not deliver possession of the premises to
Lessee within SIXTY (60) days after commencement of
the term, Lessee can elect to terminate this lease
by giving notice to the Lessor at any time before
the date the Lessor delivers possession of the
premises to the Lessee.
6. TERMINATION. This lease may be terminated by the Lessor if
the Lessee fails to perform a material term, condition or covenant
of this lease.
Ln
cc A. Lessor must give Lessee prior written notice of any such
C default and a minimum of one hundred-twenty days (120) to
O cure. If Lessee fails to cure within 120 days or if
Lessee's default is not subject to cure, this lease may
be terminated by Lessor upon written notice of an
intention to do so. Upon Lessee' s receipt of such notice
from Lessor, Lessee shall be provided a reasonable time
to remove all its equipment, improvements and its
facility from the leased premises. Provided, however,
radio tower footings shall not be considered equipment,
improvements or a part of Lessee' s facility.
B. Except as provided herein, Lessee agrees to restore the
Cambridge Radio site to the satisfaction of Lessor, after
the removal of its equipment, improvements and facility.
C. This lease may be terminated by the Lessee if Lessor
fails to perform a material, term, condition or covenant
of this lease.
7. RENT. Lessee promises to pay to the Lessor, a fixed rent of
one hundred and seventy dollars ($170. 00) per month ($510. 00 per
2
quarter) , payable quarterly in advance at the first day of each
quarter. All rents shall be made payable to the CITY OF KENT WATER
UTILITY and are to be received in the office of the:
City of Kent Fire Department
24611 116th Avenue S.E.
Kent, Washington 98031
S. LATE PAYMENTS TAXES AND LICENSES.
A. LATE PAYMENTS. THERE WILL BE A LATE COLLECTION
CHARGE OF FIVE PERCENT (5%) OR THIRTY DOLLARS AND N0/100
($30.00) , whichever is greater, plus one percent (1%) per
month interest for any delinquent rental not delivered to
Lessor by the tenth (loth) day of the month.
B. LICENSES AND TAXES. Lessee shall pay throughout
the term of this lease, all applicable taxes, and
t� all license and excise fees covering the business
LO conducted on the premises.
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O9. USE. The Lessee promises during the term and extensions of
this leasehold, fully to occupy the leased premises and to conduct
3 the following business there:
V'
� A public safety radio system including an 800 MHz trunked
radio system to be used for the Lessee's Police and Fire
Departments and by other emergency services organizations
or governmental communications needs as determined by the
Lessee.
10. COMPLIANCE WITH ALL LAWS AND REGULATIONS. In using the
premises, Lessee will comply with all applicable laws, ordinances
and regulations, from any and all authorities having jurisdiction.
The Lessee specifically agrees to comply and pay a
ll costs
associated with achieving such compliance without any notice of
requirement or requirements from Lessor, and that Lessor does not
waive this section by giving notice of demand for compliance in any
instance.
11. INDEMNIFICATION. Both parties agree that as to all claims,
actions, or causes of action of whatever kind or nature including
those by any person directly or indirectly employed by either party
made or asserted against either or both parties and relating in
any way to the subject matter of this lease each will be liable to
3
any way to the subject matter of this lease each will be liable to
the other only to the extent of each party' s fault,
negligence, or causation and shall indemnify the other for such
amount. As to all such claims, actions or causes of action which
are the sole fault, negligence, or causation of a party to this
lease agreement, such party shall have a duty to defend, save, and
hold the other harmless, and upon failure to do so shall pay
reasonable attorneys fees, costs and expenses incurred by the other
party to this lease agreement in defense of any such third party
claims for actions or in asserting its rights pursuant to this
paragraph.
12 . LIABILITY INSURANCE. Lessee shall, at Lessee' s expense,
maintain commercial general liability insurance, insuring against
any and all claims for injury to or death of persons and loss of or
damage to property occurring upon, in or about the premises as a
result of the acts or omissions of Lessee, its agents, employees,
invitees or licensees. Such insurance shall have liability limits
of not less than $1, 000, 000. 00 in respect of one occurrence or
V) accident, and not less than $2 , 000, 000. 00 annual aggregate. All
cJ such insurance shall name Lessor as an additional insured, with a
severability of interests indorsement.
O
All such insurance shall be issued by carriers acceptable to Lessor
and shall contain a provision whereby the carrier agrees not to
qqrt7` cancel or materially modify the insurance without thirty days prior
written notice to the Lessor.
On or before taking possession of this lease, Lessee shall furnish
Lessor with a Certificate of Insurance including a copy of the
endorsement naming the Lessor as an additional insured, evidencing
the aforesaid insurance coverage, and renewal certificates shall be
issued to the Lessor at least thirty days prior to the expiration
date of each policy for which a certificate was therefore
furnished. The Lessor reserves the right to a certified copy of
the policy on request.
No use shall be made or permitted to be made of the premises, nor
acts done, which will increase the existing rate of insurance upon
the premises (without consent of Lessor and compensation for
increased premiums) or cause the cancellation of any insurance
policy covering the premises, or any part thereof, nor shall Lessee
sell, or permit to be kept, used or sold, in or about the premises,
any article which may be prohibited by the standard form of
property insurance policies. Lessee shall, at its sole cost and
4
13. LESSEE EQUIPMENT AND IMPROVEMENTS.
A. Lessee agrees to install all equipment and
improvements at its sole cost. Standards attached
in Exhibit C shall be observed and by this
reference incorporated into this lease.
H. Lessee shall, at Lessee's sole expense, perform all
reasonable maintenance of and keep in good repair
the equipment and improvements to be installed in
the Cambridge Radio site facility and the adjacent
radio tower. All RF equipment or improvements
installed shall meet or exceed the standards
attached in Exhibit C and by this reference
incorporated into this lease.
C. If after expiration or notice of an intent to terminate
this lease, the Lessee wishes to sell its equipment,
improvements or its facility, the Lessor may elect and
the Lessee agrees to sell any of its equipment,
improvements or facility to the Lessor for fair market
CO value.
O
"�T 14. PERMITS. Lessee shall, at its sole cost, be responsible for
O obtaining any permits or licenses that are necessary to conduct its
CO business.
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15. CONDITION OF PREMISES. The Lessee has inspected and knows the
condition of the premises, and it is understood and agreed that the
premises are leased on an "as is" basis without any obligation on
the part of the Lessor to make any changes, improvements, or to
incur any expenses whatsoever for the maintenance or repair of the
premises.
16. CONSTRUCTION DEFECTS. Lessor shall not be liable to the
Lessee for claims or damages arising from any defect in the
construction of or the present condition of the premises, whether
known or unknown, or for damage by storm, rain or leakage or any
other occurrence.
17. MAINTENANCE. Lessee shall throughout the term of this lease,
without cost or expense to Lessor, keep and maintain the leased
property and all improvements, fixtures and equipment which may now
or hereafter exist thereon, in a neat, clean and sanitary
5
condition, and shall except for reasonable wear and tear, at all
times preserve the premises in good and safe repair.
18. FORCE MAJEURE - SUSPENSION. Lessor's failure to perform any
of its obligations under this lease, shall be excused if due to
causes beyond the control and without the fault or negligence of
the Lessor, including but not restricted to acts of God, acts of
the public enemy, acts of any government, fires, floods,
earthquakes, and strikes.
19. ENTIRE AGREEMENT- AMENDMENTS. This lease and the exhibits and
attachments referred to in it constitute the full and final
agreement of the parties on all subjects contained within it. All
prior negotiations and agreements are merged into this lease. No
subsequent agreement may modify this lease unless it is in writing
and signed by the parties or their authorized agents.
20. LIENS. Lessee will not permit any mechanics, labor, or
r materialman liens to stand against the lease premises for any labor
lf) or materials furnished to Lessee or claimed to have been furnished
(10 to Lessee or to Lessee' s agents, contractors, or sub-lessees, in
C) connection with work of any character performed or claimed to have
ItTbeen performed on said property or improvements by or L the
-- direction or sufferance of Lessee; provided however, that Lessee
CDshall have the right to contest the validity or amount of any such
�. lien or claimed lien. In the event of such contest, Lessee shall
give to Lessor reasonable security as may be demanded by Lessor to
insure payment thereof and prevent any sale, foreclosure or
forfeiture of the property or improvements by reason of such non-
payment. Lessee will immediately pay a judgment rendered with all
proper costs and charges and shall have such liens released or
judgment satisfied at Lessee' s own expense.
21. SURRENDER OF PREMISES. Upon the expiration or earlier
termination of this lease and after removal of all its equipment,
improvements and facility from the site, Lessee shall promptly
surrender possession of the property to Lessor, and shall deliver
to Lessor all keys that it may have to any and all parts of the
property site.
22. DEFAULT AND RE-ENTRY. If any rents above reserved, or other
obligations provided herein, or any part thereof, shall be and
remain unpaid when the same shall become due, or if Lessee shall
violate or default on any of the covenants and agreements herein
contained, then Lessor may cancel this lease upon failure to cure
6
following one hundred-twenty (120) days notice to cure such
deficiency.
23. ADVANCES BY CITY OF KENT FOR LESSEE. If Lessee fails to pay
any fees or perform any of its obligations under this lease other
than payment of rent, Lessor, city of Kent, will mail notice to
Lessee of its failure to pay or perform. Twenty (20) days after
mailing notice, if Lessee's obligation remains unpaid or
unperformed Lessor may pay or perform these obligations at Lessee's
expense. Upon written notification to Lessee of any costs incurred
by Lessor under this paragraph, Lessee will reimburse Lessor within
twenty (2 0) days.
24. SIGNS. No sign, advertisement, notice or other lettering will
be exhibited, inscribed, painted or affixed by Lessee on any part
of the outside of the premises without the prior written consent of
Lessor; provided, that such consent shall not be unreasonably
withheld. If Lessee violates this provision, Lessor may remove the
sign without any liability, and may charge the expense incurred by
such removal to the Lessee; provided, however, Lessor shall give
U-) Lessee written notice of Lessee's violation of this provision and
cc Lessee shall have forty-eight (48) hours after receiving said
O notice to comply with the terms of this provision. All signs
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Q erected or installed by Lessee shall be subject to any federal,
state or local statutes, ordinances or regulations applicable to
(D signs.
25. INSPECTION. Lessor reserves the right to inspect the premises
at any and all reasonable times throughout the term of this lease;
provided, that Lessor shall not interfere unduly with Lessee's
operations. The right of inspection reserved to Lessor hereunder
shall impose no obligation on Lessor to make inspections to
ascertain the condition of the premises, and shall impose no
liability upon Lessor for failure to make such inspections.
26. ASSIGNMENT OR SUBLEASE.
A. Lessee shall not assign or transfer this lease or any
interest therein nor sublet the whole or any part of the
premises, nor shall this lease or any interest thereunder
be assignable or transferable by operation of law or by
any process or proceeding of any court, or otherwise,
without the written consent of Lessor first had and
obtained, which consent shall not be unreasonably
withheld. If Lessor shall give its consent to any
assignment or sublease, this paragraph shall nevertheless
7
continue in full force and effect and no further
assignment or sublease shall be made without the Lessor's
consent.
B. If Lessee desires to assign, transfer, or sublease any
portion of this lease or any interest therein, it shall
notify Lessor in writing of said desire to assign or
transfer and the details of the proposed agreement, at
least thirty (30) days prior to the proposed date of
assignment, transfer, or sublease to a third party. The
notification shall include, but not be limited to a
financial statement of the proposed assignee, including
but not limited to a full disclosure of the monetary
payment or any other considerations involved, and an
affidavit from the proposed assignee stating he has
examined this lease, understands this lease, agrees to
assume and be bound by all of the Lessee's obligations
and covenants under this lease, the same as if it were
the original Lessee hereunder, and the proposed date of
assignment, transfer or sub-lease.
cXD C. Lessor will review the request and respond with either an
0 approval or disapproval of the request not later than ten
O (10) days prior to the proposed date. Disapproval of any
such request shall be final and binding on the Lessee and
CD not subject to any arbitration, provided that any
10' approval will not be unreasonably withheld. Lessor shall
charge to the Lessee a reasonable fee for administrative
costs in reviewing and processing any assignment or
sublease. Lessee may assign this lease to any wholly
owned subsidiary without obtaining Lessor's consent or
payment of fees.
27 . CONDEMNATION.
A. Lessor and Lessee will give to the other immediate
written notice of the receipt of notice of any
proceedings with respect to a condemnation and of any
intention of any authority to exercise the power of
eminent domain.
B. If all of the premises are taken by any lawful authority
under the power of eminent domain for a period which will
end on or extend beyond the expiration of the term of
this lease, this lease terminates as of the date
8
condemnor takes possession, and Lessee will have no claim
or interest in or to any award of just compensation
except that the Lessee will be entitled to an amount
equal to the fair market value of the Lessee's leasehold
interest in any improvement taken by the condemnor made
to the premises by the Lessee, but not to exceed the
amount of that part, if any, of the award attributable to
the value of the improvements.
C. If part of the premises is taken by any lawful authority
under the power of eminent domain for a period which will
end on or extend beyond the expiration of the term of
this lease, Lessor or Lessee may choose to terminate this
lease as of the date the condemnor takes possession. If
neither Lessor nor Lessee elects to terminate this lease,
the rent will be reduced in the same proportion that the
value of the portion of the premises to be taken bears to
the value of the entire premises as of the date condemnor
;f) takes possession. Lessee will have no claim or interest
w in or to any award of just compensation or damages except
CD
that the Lessee will be entitled to an amount equal to
O the fair market value of the Lessee' s leasehold interest
in the part taken by the condemnor of any improvements
made to the premises by the Lessee, but not to exceed the
S+ amount of that part, if any, of the award attributable to
the value of the improvements.
D. If temporary use of all or a portion of the premises is
taken by any lawful authority for a period, which would
reduce the leasehold and consequently, would cause the
premises to be untenantable for the use by Lessee for the
purposes set forth in the section of this lease titled
"Use, " at Lessee's determination, then Lessor or Lessee
may choose to terminate this lease. If Lessor or Lessee
elect to terminate this lease, the lease will terminate
the date the condemnor takes possession and Lessee will
have no claim or interest in or to any award of just
compensation except that the Lessee will be entitled to
an amount equal to the fair market value of the Lessee's
leasehold interest in any improvements made to the
premises by the Lessee. If neither Lessor or Lessee
elects to terminate this lease, the lease will continue
in full force and Lessee will be entitled to receive any
award from the condemnor for the use of all or part of
the premises, EXCEPT that Lessee may elect to have the
rents reduced by the amount proportionally attributable
9
to any partial temporary taking, in which event the
Lessee shall not be entitled to any portion of the award
attributable to said use.
E. It is understood and agreed that Lessee shall not be
party to any negotiation or proceedings at law wherein
Lessor claims compensation other than that which is
defined statutorily as constituting "just compensation. "
28. ANTI-DISCRIMINATION. In all services or activities, and all
hiring or employment made possible by or resulting from this lease
there shall be no discrimination against any employee or applicant
for employment because of sex, age (except minimum age and
retirement provisions) , race, color, creed, national origin,
marital status, or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational qualification.
This requirement shall apply to but not be limited to the
r, following: employment, advertising, lay-off or termination, rates
:n of pay or other forms of compensation, and selection for training,
including apprenticeship. The Lessee shall not violate any of the
Va terms of R.C.W. 49. 60, Title VII of the Civil Rights Act of 1964,
Q or any other applicable federal, state, or local law or regulations
O regarding non-discrimination. Any violation of this provision
�- shall be considered a violation of a material provision of this
tT lease and shall be grounds for cancellation, termination, or
suspension, in whole or in part, of the lease by the Lessor and may
result in ineligibility for further City agreements. The Lessee
will also comply with other anti-discrimination laws or
requirements of any and all jurisdictions having authority.
29. HEIRS, AGENTS AND ASSIGNS. Without limiting any provisions of
this lease pertaining to assignment and subletting, the provisions
of this lease bind the heirs, legal representatives, successors,
agents and assigns of any of the parties to this lease.
30. HOLDING OVER. If the Lessee holds over after the expiration
or earlier termination of the term hereof without the express
written consent of Lessor, Lessee shall become a tenant at
sufferance only, at a rental rate equal to one hundred fifty
percent (150%) of the rent in effect upon the date of such
expiration (prorated on a daily basis) , and otherwise subject to
the terms, covenants and conditions herein specified, so far as
applicable. Acceptance by Lessor of rent after such expiration or
earlier termination shall not result in a renewal of this lease nor
affect Lessor's right of re-entry or any rights of Lessor hereunder
or as otherwise provided by law. If Lessee fails to surrender the
10
premises upon the expiration of this Lease despite demand to do so
by Lessor, Lessee shall indemnify and hold Lessor harmless from all
loss or liability, including without limitation, any claim made by
any succeeding Lessee founded on or resulting from such failure to
surrender and together with interest, attorney's fees and costs.
31. HAZARDOUS SUBSTANCES. Lessee shall not, without first
obtaining Lessor's prior written approval, generate, release,
spill, store, deposit, transport, or dispose of (collectively
"Release") any hazardous substances, sewage, petroleum products,
radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any
pollutants, or substances defined as hazardous or toxic in
accordance with applicable federal, state, and local laws and
regulations in any reportable quantities ("Hazardous Substances")
in or about the Premises. In the event, and only in the event, the
City of Kent approves such Release of Hazardous Substances on the
Premises, Lessee agrees that such Release shall occur safely and in
compliance with all applicable federal, state, and local laws and
regulations. Lessee shall indemnify, hold harmless, and defend
Lessor from any and all claims, liabilities, losses, damages,
cleanup costs, response costs, and expenses, including reasonable
attorney's fees arising out of or in any way related to the Release
LA
LA by Lessee, or any of its agents, representatives, or employees, or
J the presence of such Hazardous Substances in, on or about the
'�T Premises occurring at any time after the Commencement Date.
O
tD 32. NOTICES. Whenever notice must be given by one party to the
IKT other under this lease, such notice shall be in writing and shall
01% be delivered personally or mailed by registered or certified mail
to the following address:
To: The City of Kent
Norm Angelo, Fire Chief
Kent Fire Department
24611 116 Avenue S.E.
Kent, Washington 98031
To: The Valley Communications Center
Chris Fischer, Director
23807 98th Avenue South
Kent, Washington 98031
or to other such respective addresses as either party hereto may
hereafter designate in writing.
11
33. NON-WAIVER. No failure of the Lessor to insist upon the
strict performance of any provision of this lease shall be
construed as depriving the Lessor of the right to insist on strict
performance of such provision or any other provision in the future.
No waiver by Lessor of any provision of this lease shall be deemed
to have been made unless expressed in writing and signed by the
Lessor. No acceptance of rent or any other payment by Lessor by
Lessee after any default by Tenant shall constitute a waiver of any
such default or any other default. Consent by Lessor in any one
instance shall not dispense with necessity of consent by Lessor in
any other instance.
34. ATTORNEY'S FEES. If an action be commenced to enforce any of
the provisions of this lease, each party is responsible for its own
attorneys' fees.
35. CAPTIONS AND CONSTRUCTION. The captions in this lease are for
the convenience of the reader and are not to be considered in the
interpretation of its terms.
36. REMEDIES CUMULATIVE. The remedies to which the Lessor may
resort under the terms of this lease are cumulative and are not
r-- intended to be exclusive of any other remedies or means of redress
Un to which the Lessor may lawfully be entitled in case of any breach
cc or threatened breach by Lessee of any provision of this lease.
CD
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O_ 37. TIME IS OF THE ESSENCE. Time is of the essence to this lease.
•-- 38. SEVERABILITY. If any term or provision of this lease or the
C application of any term or provision to any person or circumstance
is invalid or unenforceable, the remainder of this lease, or the
application of the term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force.
IN WITNESS WHEREOF, the parties have executed this lease and
subscribed their names as of the ;,2;" ri of
1993 .
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12
LESS,O CITY OF KENT
BY 'lam
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P
TITL MAYOR T
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
certify that I know or have satisfactory evidence that-B nk
C a is the person who appeared before me, and said person
acknowledged thatshe signed this instrument, on oath stated thatshe
was authorized to execute the instrument and acknowledged it as the
L�✓1,�� �,�rt,37 rman of t#a—L.1Iae��t-ie�s--�oa�r� f^r va i i py Communi P'"
to be the free and voluntary act of such party for the uses and
urposes mentioned in the instrument.
00, �N►ffNryHii" a
'� �'�' 'N •' •• otar ub]� c in and for the_ tate o
s Q. i,�* t,� j of Washington, residingin
R� i f My commission expires
40 Co O
EE: VALLEY COMMUNICATIONS CENTER
BY '% -
TITLE
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certi;y that I know or have satisfactory evidence that
is the person who appeared before me,
and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and
acknowledged it as the x .c�ucw
to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Date' i/
---�•cs.a����y�
, " Notary Public in and for the tate L f
��,`�,�•GRAB "Qf Washington, residing at ��
4' O :''' Aj*•" My commission expires - -
Un
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OF W NG'kV
lT APPROVED AS TO FORM: APPROVED AS TO FORM:
BY BY
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TITLE i 1'� y�a�s�aw �" _ LE
CC77)/J?�ti-/L c
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14
. EXHIBIT A
The West 45 feet of the South 75 feet of the following described
property:
That portion of the Northwest quarter of the Northwest quarter of
the Southwest quarter of Section 27, Township 22 North, Range 4
East, W.M. , in King County, Washington described as follows: The
South 250 feet of the North 470 feet of the East 210 feet of the
West 570 feet of said Northwest quarter of the Northwest quarter of
the Southwest quarter; EXCEPT that portion thereof described as
follows: Beginning on the East line of said tract a distance of
110 feet South when measured from the Northeast corner thereof;
thence running Southwesterly to a point-on the South line of said
tract a distance of 65 feet West when measured from the Southeast
corner thereof; thence East along said South line to the Southeast
corner of said tract; thence North to the Point of Beginning.
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EXHIBIT
SITE CONDUCT REGULATIONS
The Cambridge site is situated in the middle of several tracts of land owned by Kent that have
numerous public and governmental uses including a park, a fire station and a water tank and
pump site. As such, it is important that the radio site area be maintained in a visually appealing
manner to fit the upkeep of the surrounding property.
The site will be kept clear of any debris and accumulation of weeds or other brush.
No equipment or material will be stored in the yard area of the site unless it is to support work
in progress and then it shall not be stored any longer than necessary to complete the work.
The building will be maintained so that its appearance is in harmony with the fire station area.
There is no garbage service to the site. Large accumulations of trash will be removed from the
site as they are created by work in progress. Minor accumulations of trash may be disposed of
in the fire station's dumpster.
Access to the site is via an outer gate that has several locks in series on it. It is very important
that the lock series be properly maintained when securing the site so as not to lock out other
authorized access.
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WESTERN WASHING MN
CooPERATIVE INTERFERENCE
commrrrEE
WESTERN WASHINGTON COOPERATIVE INTERFERENCE COMMITTEE
WWCIC ENGINEERING STANDARD #6 REV B. (11-88)
FOR EMISSION DESIGNATOR 20A0 thru 3 & 20FO thru 3
All communications fixed transmitter installations shall employ isolators or
alternative techniques meeting the same criteria, to minimize spurious radiation
and intermodulation products. Additional filtering required according to frequency
and interconnect devices are listed below:
1. Transmitters in the 25 to 54 MHz range shall have isolation of at least 20 dB
followed by a low pass filter, then a band pass filter or cavity providing a
minimum of 30 dB attenuation removed 1.0 MHz from the operating
frequency.
2. Transmitters in the 66 to 88 MHz range shall have at least 25 dB of isolation
followed by a band pass cavity providing at least 20 dB of attenuation
1.0 MHz from the operating frequency.
t`
q3. Transmitters in the 130 to 225 MHz range shall have at least 50 dB of
G isolation followed by a low pass filter and band pass cavity with a minimum
Oof 25 dB attenuation 1.0 MHz removed from the operating frequency.
O 4. Transmitters in the 400 to 470 MHz range shall have at Ieast 50 dB of
d' isolation followed by a low pass filter and band pass cavity with a minimum
of.15 dB of attenuation 1.0 MHz removed from the operating frequency.
5. Transmitters in the 806 to 960 MHz range shall have at least 50 dB of-
isolation followed by a low pass filter and band pass cavity with a minimum
of 15 dB of attenuation 1.0 MHz removed from the operating frequency.
The following general engineering standards shall be observed:
1. A band pass cavity or crystal filter is recommended at the input of all
receivers. Its purpose is to protect against RF energy "off frequency" from
mixing in a non-linear device such as the first RF amplifier in a receiver,
which can re-radiate causing interference.
2. The band reject duplexer (cross notch duplexer) may not be used without a
cavity/isolator outlined above.
3. Single braid coax cable is prohibited. Double shielded cable must have over
98.5% shield coverage.
4. Jacketed coaxial cable is required, unjacketed transmission line of any type is
prohibited.
r
One Newport, Suite 414, 3605-132nd Aue. SE, Bellevue, WA 98006
23/3065/20
01/03/89
S. Use of "N" or "TNC" connectors is preferred over other non constant
impedance types. Every effort should be made to prevent the use of coax
adaptors.
6.! All equipment is to be grounded and shielded. Grounding is to be done with
copper strap or heavy braid to a station ground grid. The "green wire" of the
AC power plug is not an acceptable grounding point.
7. Transmitting systems must be checked periodically, which includes the
isolator, VSIVR on the load port of the isolator and overall system insertion
loss. --_
8. Bare metallic ties are prohibited for securing transmission lines to towers. In
the case of large lines, use of stainless steel or galvanized hangers is
permitted. Hardware capable of rusting and dissimilar metals are prohibited.
Transmission lines are to be insulated from metallic structures/objects. It is
the duty of the installation personnel to prevent "diode junctions" from taking
L0 place.
Co
U
114- 9. - All Ioose wire or metal objects are be removed from the tower and- site.
CD Metal fencing should be plastic coated_
O
NT 10. All equipment shall be licensed .and operated in full accordance with all
applicable rules and regulations of the regulating agency (FCC, NTIA). There
shall be no modifications which violate "FCC Type Acceptance."
11. It is recommended that all equipment be Iabeled with the owners name and a
current 24-hour telephone contact number (service agency is acceptable).
12. Every effort should be made to protect the equipment from lightning damage.
Feed-through lightning protectors should be used on all coaxial cable
connections to equipment enclosures. Gas, gap and MOV protectors should be
used on control, audio, telephone and power connections.
INTERFERENCE POLICY STATEMENT
In the event radio interference (RI) occurs and the above standards are complied
with, additional isolators, filters, cavities, etc. may be required to correct specific
problems.
Involved systems, not in full compliance with these standards, will be asked to
comply immediately.
The standards listed are minimums found to be- good engineering practice in the
operation and maintenance of electronic sites.
23/3065/20
01/03/89