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HomeMy WebLinkAboutPW10-056 - Original - Recreational Equipment, Inc - Conduit - 7/21/09 LIMITED STREET LICENSE City of Kent to Recreational Equipment, Inc. THIS LIMITED STREET LICENSE ("License") is entered into between the CITY OF KENT, a Washington Municipal Corporation ("City"), and Recreational Equipment, Inc. (' REI") a Washington Corporation. RECITALS WHEREAS, REI seeks to install, maintain and operate a conduit in the City of Kent under and across 68th Avenue South/SR 181; and WHEREAS, the conduit is designed to serve REI facilities occupying real property and improvements owned and leased by REI; and WHEREAS, RCW 47.24.020 vests in the City the authority to grant franchises and permits beneath and across state highways within city limits and to grant the privilege to open such highways; and WHEREAS, REI has requested that the City grant permission to use 68ch Avenue South/SR 181 to locate and operate the conduit; and WHEREAS, the City is willing to enter into this License under the terms and conditions set forth in this License so that REI can install, operate and maintain the conduit; NOW, THEREFORE, THE CITY AND REI AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants REI this Limited Street License for a period of five (5) years from the effective date of this License to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect a conduit through which REI will run fiber optic cables and other related equipment (the "Conduit") under the pavement within the right-of-way as described in Exhibits B and C, which are attached hereto and incorporated herein by this reference. An approximate description of the plans and specifications for this Conduit is shown on the attached Exhibits A and B, which are attached hereto and incorporated herein by this reference. This License is subject to all the terms and conditions established below. 2. Consideration. In consideration of the City's issuance of this License, REI shall, at the time of execution of this License, pay to the City a one-time, all- inclusive fee in the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) ("License Fee") to offset the City's associated administrative costs. This License Fee shall be paid prior to the commencement of any activities under this License. This License will automatically renew for a second period of (5) five years upon a LIMITED STREET LICENSE--Page 1 of 8 (between City of Kent and REI) second payment by Licensee of FIVE THOUSAND AND NO/100'S DOLLARS ($5,000.00) on or before the date of expiration, unless the City gives at least sixty (60) days notice to the contrary. 3. Revocation and Termination. The intent of this License is to authorize REI to install, maintain and operate the Conduit within the designated rights-of-way pursuant to the authority vested in the City by RCW 47.24.020 and otherwise vested in the City.. The Conduit must be buried underground with no portion to be overhead. This License does not grant an estate in the land described in Exhibit B and C; it is not an easement; except for the area within the Conduit, which shall be exclusive to REI, it is not exclusive; and, it does not exclude the City (in accordance with the terms of this License) or the State from full use of the property described in Exhibits B and C. As a license upon real property, it is revocable at the will of the City and may be revocable at the direction of the State, provided that any such revocation by the City shall only occur (i) under the same circumstances and subject to same conditions applicable to a relocation of the Conduit under Section 6 and (h) upon no less than sixty (60) days' prior written notice to REI. Upon notice of termination of this License, REI shall remove the Conduit and shall restore, repair and replace any portion of the street/highway damaged or injured by REI to conditions that meet or exceed requirements established by the City and the Washington State Department of Transportation. 4. Permits Required. The City's grant of this License does not release REI from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect the Conduit. REI shall comply with all City construction and design standards including, but not limited to those set forth in Chapter 7.10 of the Kent City Code and shall meet or exceed all applicable requirements established by the Washington State Department of Transportation. REI's failure to comply with this Section 4 shall constitute grounds for revocation of this License if REI's fails to cure such noncompliance within thirty (30) days following receipt of written notice from the City. The consideration in Section 2 is in addition to any fees required for applicable local, state, and federal permits. 5. Subordination to State Transportation Requirements. It is acknowledged and understood that 68"' Avenue South/SR 181 is a state highway and that rights granted by the City pursuant to this License are inferior to the rights of the State and the needs of the traveling public. Pursuant to RCW 47 24.020, the State may enforce any provision of this License. The State may otherwise assert superior rights. REI acknowledges and agrees that no cause of action under this License or otherwise shall arise with respect to the City in the event that the location or operation of the Conduit is affected in any way by the State. 6. Relocation. The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, or removing all or a portion of the Conduit. REI shall, at its sole cost and expense, relocate all or a part of the Conduit when required by the City for reasons of traffic conditions or public safety, LIMITED STREET LICENSE--Page 2 of 8 (between City of Kent and REI) widening or improvement of existing right-of-ways, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that REI shall, upon receiving approval and obtaining the necessary permits, have the right to bypass in the authorized portion of the same right-of-way, any section of cable required to be temporarily disconnected or removed. 6.1. For the purposes of this Section 6, any condition or requirement imposed by the City or the State upon itself or any person or entity acting on the behalf of the City or State, (including without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction, or development) that necessitates the relocation of REI's facilities within the right-of-ways described herein shall be a required relocation for purposes of this Section. 6.2. If the City, under its authority, causes a required relocation of all or part of the Conduit, the City will notify REI of the date relocation is required at least sixty (60) days prior to the relocation date. After receipt of the City's notice, REI must complete the required relocation within the period specified by the City. REI will complete this required relocation at no charge or expense to the City. Further, REI's relocation shall be accomplished in a manner that accommodates and does not materially interfere with the City's or State's use of the right of way. When other utilities are present and involved in relocation, the City will attempt to coordinate the relocation of the utilities. 6.3. REI may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City The City will evaluate those alternatives to determine if any of the alternatives can accommodate the work that would otherwise necessitate the relocation of the Conduit. If requested by the City, REI will submit additional information to assist the City in making its determination. The City will give each alternative proposed by REI full and fair consideration. In the event the City ultimately determines that no reasonable or feasible alternative exists, REI shall relocate its facilities as otherwise provided in this Section 6. 6.4. In the event that a relocation of any part of the Conduit is requested by any person or entity other than the City or State, so long as that person or entity is not acting on the behalf of the City or State in conducting any of the activities described in this Section 6, REI shall make those arrangements, including compensation for REI's relocation costs, that it deems appropriate with that person or entity. 6.5. Notwithstanding all of the above, the City or State may require the immediate relocation of the Conduit at REI's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare. 6.6. REI assumes all risk of damage to the Conduit due to the work LIMITED STREET LICENSE--Page 3 of 8 (between City of Kent and REI) of parties authorized by the City or State to perform work within the designated right-of-way and releases the City from liability resulting from damage to the Conduit due to the work of others. 6.7. The provisions of this Section 6 shall survive the expiration or termination of this License. 7. Emergency. In the event of any emergency in which any portion of the Conduit breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of the public or any individual, REI shall immediately, upon receipt of notice of such condition, take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work shall not relieve REI from its obligation to obtain all permits necessary for this purpose, and REI shall apply for those permits within the next two Y wo succeeding business days. S. Indemnification. REI shall comply with the following indemnification requirements: 8.1. REI shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all legal costs, witness fees and reasonable attorney fees, arising out of or in connection with the performance of any of REI's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of REI, its employees, agents, contractors, subcontractors, consultants, subconsultants or assigns. In the event that a third party claim arises in whole or in part due to delays in relocation of REI's facilities and such claim is subject to binding arbitration, REI shall submit to the jurisdiction of the arbitrator and the provisions of this section 8.1 shall otherwise apply. 8.2. The City's inspection or acceptance of any of REI's work when completed shall not be grounds to avoid any of these covenants of indemnification. 8.3. REI specifically and without reservation assumes and releases the City and State from any and all damages to the Conduit by reason of the passing of vehicular traffic in the rights of way. 8.4. These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that REI shall not be liable to indemnify the City for any settlement agreed upon without the consent of REI; however, if REI consents to the agreed upon settlement, then REI shall indemnify and hold the City harmless as provided for in this Section 8 by reason of that settlement. Moreover, if REI refuses to defend the City against claims by third parties, REI shall indemnify the City regardless of whether the settlement of such claims is made with or without REI's consent. 8.5. In the event that REI refuses to accept tender of defense in any LIMITED STREET LICENSE--Page 4 of 8 (between City of Kent and REI) claim, action or suit by a third party pursuant to this Section 8 and if REI's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then REI shall pay all the City's costs for defense of the action, including all legal costs, witness fees and reasonable attorneys' fees and also including the City's costs, including all legal costs, witness fees and reasonable attorneys' fees, for recovery under this indemnification clause (Section 8). 8.6. The provisions of this Section 8 shall survive the expiration or termination of this Agreement. 9. Insurance. REI shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by REI. REI also agrees to require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants or assigns performing work under the scope of this License and to confirm that such coverage is maintained. 9.1. Before beginning work on the project described in this License, REI shall provide a Certificate of Insurance evidencing: 9.1.1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; 9.1.2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability; and 9.1.3. Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 9.2. Any payment of deductible or self-insured retention shall be the sole responsibility of REI. 9.3. The City, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the REI and shall make its certificate available for inspection by the City prior to the City's execution of this License. City waives no rights and REI is not excused from performance if REI fails to provide City with a paper copy of the certificate naming the City as an additional insured. 9.4. REI's insurance shall contain a clause stating that coverage shall LIMITED STREET LICENSE--Page 5 of 8 (between City of Kent and REI) apply separately to each insured against whom claim is made or suit is brought, PP Y P Y 9 except with respects to the limits of the insurer's liability. 9.5. REI's insurance shall be primary insurance as respects the City, and the City shall be given twenty (20) calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. 10. Modification. This License may not be modified, altered, or amended unless approved in writing by the City and REI. 11. Assignment. REI may not assign all or any portion of the rights, benefits, and privileges, in and under this License without the prior written approval of the City, which approval will not be unreasonably withheld or delayed. REI shall, no later than thirty (30) days from the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. 12. Dispute Resolution; Venue; Jurisdiction. In the event of any alleged breach or threatened breach of this License by either party and if the City and REI are unable to cure the breach or otherwise resolve their dispute, then final resolution of this dispute or claim shall occur exclusively under the venue, jurisdiction and rules of the King County Superior Court located in Kent, Washington. Each party shall also be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 13. Notice. All notices, requests, demands, or other communications provided for in this License shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner. CITY OF KENT REI Attn: City Clerk Attn: Campus Manager 220 Fourth Avenue South Recreational Equipment, Inc Kent, WA 98032 6750 S. 288th Street Kent, WA 98032 (253) 395-3780 Please Copy to: Attn: Legal Department Recreational Equipment, Inc 6750 S. 288th Street Kent, WA 98032 (253) 395-3780 LIMITED STREET LICENSE--Page 6 of 8 (between City of Kent and REI) 14. Entire Agreement. This License contains the entire agreement between the parties and, in executing it, the City and REI do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 15. Authority. Each party represents and warrants that (i) the execution of this License and the consummation of the actions and transactions contemplated herein have been duly authorized, and (ii) this License has been validly executed and delivered and will be binding upon such party. REI further represents that Davis Property & Investments, LLC ("Davis") has approved REI's installation, maintenance and operation of the Conduit pursuant to the authority vested in Davis by virtue of its interests, if any, in the designated right-of-way. IN WITNESS, this Limited Street License is executed and shall become effective as of the last date signed below. CITY: REI: City of Kent Recreational Equipment, Inc By: 4aa� By: �A�7Ih_ Print Name: rARRY BLANCHARD Print Name: CPtTVAeR11,4� L.wALK4FP_ Its: Public Works Director Its: Siz.v_p lFTln C-t'rHErzAL C9uwS t Date: Date: wt�, 2-009 APPROVED AS TO FORM: By: Kent Law Department Notary Blocks Appear on Next Page LIMITED STREET LICENSE--Page 7 of 8 (between City of Kent and REI) STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Larry Blanchard is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Kent as its Public Works Director, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Sea/Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day a%yIfifal�gve written. ,``e°?k4ti.•;�SyslQr:F,r�;.F� �� Fw�a••-I�c {-'1 G�i.�e�l� µQTARY ?�r r FN.KNfe- k Gr2LEWEl� t� NOTARY PUBLIC, in and for the State a~ • •*`� of Washington, residing at T Ac o►m_* 'Ll� � My appointment expires rZ- 0 9 - zo f L ir�rQ; t^tASN STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this C1Tl� day of 2009, before me a Notary Public in and for the State of Washington, personally appeared C I"c-- D- W k�� , to me known to be the SR•v.P.t (aeN.. f R-e_zErnc>wA- , Luc N-)g=; T-- ►ryL-., a Washington corporation that execute "t e oregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that-hefshe was authorized to execute said instrument. Notary Sea/Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. DANETTE ., CAPELLO I`� - M CgLx -•0 NOTAR7 PUBLIC STATE OF iJ,3SHINGTON ��Nt"CIS M. C/�PCLLG COMMIS. d EXPIRES NOTARY PUBLIC, in and for the State MAY y' 2010 of Washington, residing at Shmtymftmi&lk- My appointment expires f5f `i f L7G1a LIMITED STREET LICENSE--Page 8 of 8 (between City of Kent and REI) Exhibit A: 1. Bore or trench 2" duct under West Valley Highway. 2. Pull 24 cnt fiber cable through 2" duct. 3.Place fiber markers on edge of right of way. 4. 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If co r DATE A`ORd CERTIFICATE OF LIABILITY INSURANCE 07/10/ 0091YY1� 07/10/2009 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1301 5th Avenue,Suite 1900 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Seattle,WA 98101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Attn Seattle CertRequest@marsh corn 065563--CAS-09-10 INSURERS AFFORDING COVERAGE NAIC# INSURED Recreational Equipment,Inc INSURER A ACE American Insurance Company 22667 P O Box 1938 INSURER B ACE Fire Underwriters Co 20702 Sumner,WA 98390 INSURER c ACE Property And Casualty Ins Co 20699 INSURER D American Zurich Insurance Company 140142 INSURER N/A I N/A COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INS ADD' rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITSLTRINSR DATE(MMIDDIYYYY) DATE IMMIDDM ) GENERAL LIABILITY EACH OCCURREN 2.000.000 A X _ PMIG23860582002 01/01/2009 01/01/2010 DAMAGE TDRENTED X COMMERCIAL GENERAL LIABILITY PREMISESEa�ccurrence $ 1,000,000 CLAIMS MADE [X1 OCCUR MED EXP(Any one person) $ EXCLUDED X SIR$Ion,Ono PERSONAL BADVINJURY $ 2,000,000 GENERAL AGGREGATE $ 3,000,000 GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS-COM P/OP AG 3,000,00D PRo- POLICY JECT X LOC B AUTOMOBILE LIABILITY PMUH08301670 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,DDD,DDD ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) X Comp Deductible $1.000 PROPERTY DAMAGE X Coll Deductible $1,000 (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT$ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY $ AGG EXCESS I UMBRELLA LIABILITY XOOG23865749 01/01/2009 01/01/2010 EACH OCCURRENCE $ 5,000,000 C OCCUR CLAIMSMADE AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND 829828305(AOS) 01/01/2009 01/01/2010 X WC STATU- OTH- EMPLOYERS'LIABILITY 829828405(MA,WI,ID) 0110112DO9 01101/2D10 D ANY PROPRIETORIPARTNER/EXECUTIVE Y/N L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED F L DISEASE-EA EMPLOYE $ 1,000,000 Mandatory In NH If yes describe under L DISEASE-POLICY LIMIT $ 1,000,000 PECIAL PROVI IONS below OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re Limited Street License between REI and City of Kent City of Kent,its officers officials,employees,agents,assigns and volunteers are included as an Additional Insured,With respect to General Liability coverage where required by written contract and allowed by law CERTIFICATE HOLDER SEA-001436869-01 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn Susan Jensen 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 220 Fourth Ave S Kent,WA 98032 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON pDgEE THE INSURER, ITS AGENTS OR REPRESENTATIVES AOf Me TB11EU5AP111CSENTATIYE Meg Lucia ACORD 25(2009101) 01998-2009 ACORD CORPORATION All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon Acord 25(2009/01) POLICY NUMBER: PMI G23860582 002 COMMERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER: 1 CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Any person or organization whom you have agreed to include as an additional insured under a written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you CG 20 26 07 04 0 ISO Properties, Inc , 2004 Page 1 of 1 0 DATE(MWDD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 12/30/2009 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1301 5th Avenue,Suite 1900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Seattle,WA 98101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Attn Seattle CertRequest@marsh com 065563--CAS-10-11 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A ACE American Insurance Company 22667 Recreational Equipment, Inc P O Box 1938 rwsURER B ACE Rre Insurance Company 20702 Sumner,WA 98390 INSURER c ACE Property And Casualty Ins Cc 20699 INSURER ID Indemnity Insurance Co of North America INSURER E N/p, N/A COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSRADO POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE(MMIOD/YV1'Y) DATE(MM/DO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 2.000.000 A X PMIG23860582 Ol/01/2010 01/01/2011 -- X COMMERCIAL GENERAALLLLIABILITY PR=JMISESAGEiEa ORGNuErence) $ 1,000,000 CLAIMS MADE OCCUR '"^ MED EXP(Any one person) $ _ 10,�D X PERSONAL& V INJURY 11 , 2,000,000 GENERAL AGGREGATE is 3,000,000 GENERAL AGGREGATPRO IT APPLIES PER PRODUCTS-COMP/OP AGG$ _ 3_,000,000 POLICY JECT X li LOC AUTOMOBILE LIABILITY PMUH08301670 01/01/2010 01/01/2011 I B COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ALLOWNEDAUTOS BODILYINJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) Com Deductible $1,000 PROPERTY DAMAGE X ----- (Per aradi Is X Coll Deductible $1,000 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT$ i ANY AUTO OTHER THAN EA ACC $ f AUTO ONLY $ AGG C EXCESS/UMBRELLA LIABILITY XOOG24905093 01/01/2010 01/01/2011 EACH OCCURRENCE $__ 5,000,000 X OCCUR a CLAIMS MADE AGGREGATE $ 5,000,000 I DEDUCTIBLE -- $ RETENTION $ 51 D WORKERS COMPENSATION AND WLRC44348597(AOS) 01/01/2010 OV01/2011 X WCSTATU- II oTH- EMPLOYERS LIABILITY TORY IMITSI__i ER _ IA ANY PROPRIETORIPARTNER/EXECUTIVE Y/N WLRC44348585(CA) 01/01/2010 01/01I2011 L EACH ACCIDENT is 1,000,000 J A OFFICERIMEMBEREXCLUDED? � SCFC44348603(WI) 01/01/2010 01/01/2011 .. L DISEASE-EA EMPLOYE $ 1,000,000'1 (Mandatory In NH))R yes describe�Inder _ u DISEASE-POLICY LIMIT $ 1,000,000 f SPECIAL PROVISIONS belaro OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS jRe Limited Street License between Iand City of Kent City of Kent, its officers,officials employees,agents,assigns and volunteers are included as an Additional Insured,with respect to General Liability coverage where required by written contract and allowed by law I CERTIFICATE HOLDER SEA-001436869-02 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn Susan Jensen 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 220 Fourth Ave S Kent,WA 98032 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND IUPRO�N ppppEQ THE INSURER, ITS AGENTS OR REPRESENTATIVES Or}H erR5 EU5APInoSENTATIVE I Meg Lucia ACORD 25(2009101) 9)1998-2009 ACORD CORPORATION All Rights Reserved The ACORD name and logo are registered marks of ACORD I IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pohcy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon Acord 25(2009/01) ® CERTIFICATE OF LIABILITY INSURANCE DATE12010 (YYYY) ' AG`QRG� 1213ono10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT Marsh USA,Inc NAME AX 1301 5th Avenue,Suite 1900 PHONE Fri C No Seattle,WA 98101 E-MAIL Alin Seattle CenRequest@marsh com ADDRESS PRODUCER CUSTOMER In If. 065563-01-CAS-11-12 INSURERS AFFORDING COVERAGE NAIC Y INSURED INSURER A ACE American Insurance Company 22667 Recreational Equipment,Ina ACE Property And Casualty Ins Co 20699 P 0 Box 1938 INSURER B Sumner,NA 98390 INSURER C Indemnity Ins Co Of North Amens 43575 INSURER NIA INIA INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: SEA-001829839-11 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE J=WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY X PMIG23860582 01/01!2011 01/01/2012 EACH OCCURRENCE $ 2,000,000 X DAMAGE TO RENTED 1000000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE O OCCUR MED EXP(Any one person) $ 10,000 X SIR$250,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 3,000,000 POLICY,I 1Ini L LOC $ A AUTOMOBILE LIABILITY PMUH08301670 01/01/2011 01/01/2012 COMBINED SINGLE LIMIT $ 1000000 (Ea accident) _X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS Comp Deductible $1,000 $ Coll Deductible $1,000 $ B X I UMBRELLA LIAR X OCCUR XOCG24908872 01/0112011 01101I2012 EACH OCCURRENCE $ 5,000,000 TCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 EXCESS $ RETENTION $ $ C WORKERS COMPENSATION WLRG46457900(ADS) ,01/01/2011 01I01I2012 X WC STATU- OTH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PAFTNER/EXECUTIVE Y/N WLRG46457894(CA,AZ,MA) 01/0112 0 1 1 OV01012 E L EACH ACCIDENT $ 1,000,000 A OFFICE R/MEMBE11EXCLUDED9 � NIA WI SCFC46457912 (Mandatory in NH) ( ) 01101/2011 01/01/2012 E L DISEASE-EA EMPLOYE $ 1,000,000 If yes describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re Limited Street License between REI and City of Kent City of Kent,Its officers,officials,employees agents,assigns and volunteers are Included as an Additional Insured,with respect to General Liability coverage where required by written contract and allowed by law CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Atin Susan Jensen ACCORDANCE WITH THE POLICY PROVISIONS 220 Fourth Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE of Marsh USA Inc Meg Lucia 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION SEA-001829839-11 DATE(MMfDDIYY) 1 2/3 012 01 0 PRODUCER Marsh USA,Inc 1301 51h Avenue,Suite 1900 Seattle,WA 98101 Alin Seattle CertRequest@marsh com 065563-01-CAS-11-12 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER G Recreational Equipment,Inc P 0 Box 1938 INSURER H Sumner,WA 98390 INSURER I INSURER J TEXT CERTIFICATE HOLDER City of Kent Atln Susan Jensen 220 Fourth Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE of Marsh USA Inc Meg Lucia Ilk Pa _> _