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Home My WebLink AboutL011-09 - Other - Qwest - Assignment of Rights, Interest & Obligations to Sprint - 01/28/2004 x Qwest Wireless,L.L.C. Real Estate t 1600 7"Ave Rm 706 r e.WA e8191 Phone Qwest: � Phone 208345-2540 Facslmile 409.84&042 Heather Kasten Spirit of Service Real Estate Market Manager January 28, 2004 Via U.S. Certified Mail, Return Receipt Requested City of Kent Attn: City Manager 220 4th Avenue South Kent WA 98032 Re: Option and Site Lease Agreement(Site Identification No. SEA 151) by and between City of Kent("Landlord"), and[Qwest Wireless, L.L.C./TW Wireless, L.L.C., dated July 20, 1998(the "Lease')— 11228 SE 236th Place,Kent,WA 98031(the"Site") Attn: City Manager: Qwest Wireless, L.L.C. has entered into an agreement with Sprint Spectrum, L.P. ("Sprint"), that allows Qwest Wireless, L.L.C. and its subsidiary, TW Wireless, L.L.C. (collectively"Qwest Wireless")to offer Qwest Wireless customers national cellular telephone service. As a result of this agreement, Qwest Wireless intends to assign all of its rights, interest and obligations in the Lease to Sprint or one of its Sprint affiliates. Under the terns of the Lease, your written approval is needed to complete this assignment. In addition, for a short transition period, Qwest will continue to require access to the Site after the assignment to complete the assignment process and the transition of its customers to S rint's PCS network. west and Sprint equipment P P Q P may continue to operate simultaneous for this short transition period. Please sign where indicated below and return this original document back to me before February 13,2004,and keeping the copy that we provided for your records. For your convenience,enclosed please find a self addressed, stamped envelope. Written confirmation will be sent to you upon the completion of the assignment. If you require additional information, please feel free to contact Danielle Edson at 206-345-2540. Sincerely, ' 1/28/2004 Page 2 of 2 LANDLORD'S CONSENT Landlord hereby consents to the assignment of the Lease by Qwest Wireless to Sprint or to a Sprint affiliate company and to the access and operations during the transition period as noted above. As of the effective date of such assignment, Qwest Wireless shall be relieved of all performance, liabilities and obligations under the Lease. Date: 2004 By40-1 ` % f✓� Name .�� Title TOWERISTRUCTURE REMOVAL BOO Bond Number: 6282637 KNOW ALL MEN BY THESE PRESENTS, THAT Sprint Spectrum L.P., c/o Sprint Contracts S Performance Sprint Site ID# SE60XC302 MS: KSOPHT0101-Z2650. 6391 Sprint Parkway. Overland Park, KS 66251, as Principal, and SAFECO Insurance Company of America, a corporation duly organized under the laws of the State of Washington, as Surety, are held and firmly bound unto City of Kent, 220 Fourth Ave. S., Kent,WA 98032, as Obligee, in the sum of Twenty Thousand and No/100 Dollars($20,000.00) lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents, the liability of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. WHEREAS the Principal has entered into a written agreement with the property owner for the placement of a tower or structure furnishing telephone, television or other electronic media service, which agreement sets forth the terms and conditions which govern the use of such towers or structures and which agreement is hereby specifically referred to and made part hereof,and _WHEREAS, the City of Kent.WAyequires the submission of a bond guaranteeing the maintenance, _ replacement, removal or relocation of said tower or structure located at 11228 SE 23e Place, Kent,WA 98031 — Sprint Site ID#SE60XC302. NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall perform in accordance with the aforesaid ordinance and/or agreement, and indemnify the Obligee against all loss caused by Principal's breech of any ordinance or agreement relating to maintenance, replacement, removal or relocations of a tower or structure, then this 4Wigation shall be void, otherwise to remain in full force and effect unless cancelled as set forth below. THIS BOND may be cancelled by Surety by giving thirty (30) days written notice to the Obligee by registered mail. Such cancellation shall not affect any liability the Surety may have or incurred under this bond prior to the effective date of the termination. Provided that no action, suit or proceeding shall be maintained against the Surety on this bond unless action is brought within twelve (12)months of the cancellation date of this bond. THIS BOND signed, sealed, dated on the 14th day of September, 2004 This bond is effective the 21st day of July,2004. Sprint Spectr L.P. By: /i�� Principal Lc/1 Les Meredith, Vice President SAFECO s rance Company of Americ Surety 41 Paige M.T ,Attorney-in-Fact MRAICE WWA 5 A F E C POWEt4 -_� ;. �=.' sr�r�o JNWRW.,cC0WAv 0 AFW0W OF ATTORNEY W ��of not 4 SFATnE,WASHNGTON 991e5 No. 2612 KNOW ALL BY THESE PRESENTS: ' TMt SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washbgton omporation,does each hereby M't ****"ssr*bqCKEYBlCKHAK Lads Stnmmk N ssourt PAKE M.TURNER,Odessa,LTseomi;ROYR.YANCEY;OvedaodPerk,Kansas;KOM A 9TBJ3.S;Kmm s City, bfWmW;DAVIDC.BRrrrONII•Olathe, ii iiigiRti/iiipiRM1OMiMHititiH Yti�ittilHtitittii#MiiigilRRliiiggiiiiiNiMaYq Its bus and kw ftd atlorn &)4n-fact,with OA att ally to ataaalle on Its behW idAy and surety bomb or unclertekkW and other doaxnents of a sknbr d>macter issued In the cotuse of is business,and to bind the respectim company tomby. IN Mi111 MESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each a mooted anti tMkaakadlheseptmserts _ its 19tb day of April 2000 RA.PIERSON,SECRETARY W.RANDALL STOODARD,PRESIDENT CERTIFICATE Exfrackfrom the By-Laws aSAFECOINSURANCECOMPANYOFAMERICA and of GENERA.INSURANCE COMPANY OF AMERICA: 'Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Moe President the Seaetmy,and any Assistant Ace President appointed for that p pass by the offer in drugs of stagily operations,star so*Awe aMhaiy to appoint individuals n aNanayarndad a'under other appropdae tides with*Ahally to asasotis on behalf of the company Ilde ft and mvly bonds mind Ow dcownenfs of sh Am dserader issued by the oompany in the oourse of its business...On any Insh tatt madrta or evidendna such appokAment,the sombses mmy be afted by facsi tft On any ktst ma t cmvbrnng such anlhor ly or on any bond or Ind1 - MrO of the compay,the seal,or a barsknAe theroM,maybe by v seed or attbCed or in any of er moaner reproduced;provided,however,that the seal shah not be aeosa M to the vaAdi of mW such i strunent a urdedsl*V Exbadfrom a ResokAlon of Ina Bond of Dkodom of SAFECO INSURANCE COMPANY OF AMERICA and of OENERA.INSURANCECOMPANY OF AMERICA adopted July 28,1970 'On a W m0cate amatled by the Soaetary or an sasistantseaaWy of the Company setting out (D The provlabns of Article V,Section 13 of the Sys aws,and W AmM of the power-oNdtw reY sppokr msg aneaAed pu jut t rdo.aW (M' CetiH'ykta ON said pawerot atoomey appokttrrsrt kt in fur foroe and effect,- tte aipnatm of the oerd"g officer maybe by facskrnie,and the seal of the Company may be a facsknife Hared." k'"Plafa9►,:Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that to - 9 adrads of the By-laws and a s PAso bn oHhe Bond a Dlredom of tunas corpaaom,aW ef o Ptwver a AbwW«sued pursuant dwsb,are true and "a and VW both the By-Laws,the Rasokt8on mind tine Power afAtkAa y are sW in fur foros and elect. IN VATNESS MYHERSOF,i how ttereterto sstrny hard aW aAkcadlre GtairtAa seal a said arrponmon this 14th dayof September 2004 cmWm :.- -6' +1L SEAL =�` 1933 ltdZ� NMe i( RA.PIERSON,SECRETARY OW46MF 7M O RMWered trademark of SAFECO CaWation. 4MWW POF