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Home My WebLink AboutCAG1999-0369 - Original - Metropolitan Fiber Systems of Seattle, Inc. - Limited Use Permit for Telecommunications Transmission System - 07/30/1999 ORIGINAL Mail To• Pronerty Manaeer Ciri of Kent 220 4 Avenue South Kent,WA 98032 LBUTED USE PERMIT THIS LIMITED USE PERMIT is entered into between THE CITY OF KENT ("City") and METROPOLITAN FIBER SYSTEMS OF SEATTLE,INC ("MFS") In consideration of the rights and obligations established in this permit and mutual benefits derived,receipt of which is hereby acknowledged, CITY provides MFS this permit to use certain real property in KING COUNTY,WASHINGTON(the"Property")which is more particularly described as follows SEE EMITS A&B ATTACHED 1 TERM Unless otherwise terminated according to the terms of this permit,this Limited Use Permit will be in effect for a term of FIVE(5)years begummg on the effective date of this permit 2 RENT MFS shall pay the City the sum of Eight Thousand Seven Hundred Sixty and no/100 Dollars($8,760 00)dollars in advance plus an additional advance payment of$500 00 dollars to cover administrative costs incurred by the City to prepare and issue this permit 3. MFS's USE OF PROPERTY. MFS shall have the right to install,mamtam,and operate a telecommunications transmission system consisting of conduit, cables, and other related fixtures, equipment,marker posts,and appurtenances deemed necessary or appropriate by MFS in, under,upon, over and across the Property 4 LIMITATIONS ON USE A The City may use and develop all or a portion of the Property for any municipal purposes MFS shall not erect any buildings,structures,or improvements on the Property other than as specified in this permit MFS shall comply with all laws and ordinances applicable to the Property and MFS's use as described in paragraph 3,and MFS shall keep the Property free and clear of all encumbrances that could arise as a result of MFS's use. B The City has allowed an independent construction contractor use of the Property as a staging area during construction of the City's 196tb Street Condor project MFS must coordinate its use of the property so as not to interfere with the contractor's use of the Property Further,if MFS nevertheless inte-feres w+th rontn�to�'s work or use of the Property,MFS shall pay all costs incurred by the contractor that arise from that interference by MFS 5. INDEMNIFICATION MFS shall indemnify and hold the City harmless from any and all claims,injuries,damages,losses or suits,including all legal costs and attorneys'fees,arising out of or in LMUTED USE PERMIT-1 AIA te� CONFIDENTIAL � r� connection with the performance of any of MFS's rights or obligations under this Permtt,unless caused by the Crty's gross negligence or intentional misconduct. Further,MFS placement and/or storage of facilities on said property shall be the sole responsibility and the sole risk of MFS. This indemnification provision shall survive the expuatmn or termination of this Permit. 6. ASSIGNMENT/TERMINATION This permit is assignable conditioned upon the City's approval,which approval shall not be unreasonably withheld Notwithstanding the foregoing,MFS may assign this permit to an affiliate,subsidiary,or purchaser of all or substantially all of its assets upon notice to,but without the consent of the City This Permit may be terminated by either party at any time upon ninety(90)days written nonce given to the non-terminating party at the address listed below. No part of the costs paid by MFS shall be refundable. Due consideration and time shall be afforded in all cases to MFS, except for emergency purposes,prior to any termination of this permit 7 Upon termination of ibis permit,MFS will either abandon its facilities in place and give title to the City or remove its facihnes, In any event,MFS shall keep and restore the Property to as good a condition as it was prior to the installation of MFS's facilities,and at no cost to the City THIS LIMITED USE PERMIT shall become effective on the last date written below CITY OF KENT METROPOLITAN FIBER SYSTEMS �n OF SEATTL/EINC. By. - t,U By N Print Name: Don Wickstrom Print Name Kenny Knight Its- Duector of Public Works Its Sr Managed-Right Of Way Services Date if Date ADDRESS ADDRESS 220 Fourth Avenue South 2270 Lakeside Blvd,Dent 1103/642 Kent,WA 98032 Richardson,TX 75082 Telephone.(253)856-5500 Telephone (972)656-6003 Fax (253)856-6500 Fax (972)656-1327 APPROVED AS TO FORM. Tom Brubaker,Deputy City Attorney LIMITED USE PERMIT-2 EXHIBIT 'A' Conduit and Cable Line Description for MFS of Seattle, Inc. A conduit and cable line lying in Section 1 of Township 22 North, Range 4 East, Willamette Meridian, King County, Washington, being a portion of Lot 22 of Highway Home Garden Tracts as recorded in the Plat Records of King County, Washington, the centerline of said conduit and cable line being more particularly described as follows. Beginning at a point on the west tine of the above said Lot 22,from which the southwest I comer of said Lot 22 bears S1055'46"W 51.88 feet; thence leaving said west line along the arc of a 56.00-foot radius curve to the left (the long chord of which bears NI I°20'5T'E 18 33 feet) 18 41 feet;thence parallel to and 3 00 feet east of said west line Nl°55'46"E 576 45 feet;thence along the are of a 5 50-foot radius curve to the right(the long chord of which bears N46°37'07"E 7 74 feet) 8 58 feet to a point which lies south 3.00 feet of the north hne of the above said Lot 22,thence parallel to and 3.00 feet south of said north line S88°41'33"E 24.09 feet; thence along the arc of a 5 50-foot radius curve to the left(the long chord of which bears N59149'20"E 5 74 feet)6,04 feet to said north line, from which point the northwest comer of the above said Lot 22 bears N88041'33"W 37 40 feet,and there terminating 05n7199 I EV PM I E:UaejobaWentW,=t conawt ExMbit A.doc I Peg,t or2 peg«I VrrH l I EXff[BIT `B' Temporary Construction Easement for MFS of Seattle, Inc. A 20.00-foot wide temporary construction easement lying in Section 1 of Township 22 North,Range 4 East,Willamette Meridian,King County, Washington,being a portion of Lot 22 of Highway Home Garden Tracts as recorded in the Plat Records of King County, Washington,the north and west limes of said easement being more particularly described as follows Beginning at a point on the north line of the above said Lot 22,from which the northwest corner of said Lot 22 bears N88041'33"W 4197 feet, thence along said north line N88041'33"W 41 97 feet to said northwest corner of Lot 22,thence along the west line of said Lot 22 S 1055'46"W 609 82 feet and there terminating 05MM 1 1•04 PM I E uwjobWmUrentcoodatExbibttadoc I Pap 2aC21ss«I WTH i I i 1 i I I