HomeMy WebLinkAboutPW11-111 - Original - Comcast Cable Communications Management, LLC - Contract - 02/11/11 ® R%ecords M eKENT Document
WAS HI HGTON
CONTRACT COVER SKEET
This is to be completed by the Contract Manager prior to submission
to City Clerics Office. All portions are to be completed.
If you have questions, please contact City Cleric's Office.
Vendor Name:
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: b
Description: ❑ Interlocai Agreement ❑ Change Order ❑ Amendment ❑ Contract
J Other:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: epartment:&�er gf::�
PF
Detail: (i.e. address, location, parcel number, tax id, etc.):
S:Pubilc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
LICENSE FOR UTILITY INSTALLATION, OPERATION AND MAINTENANCE
BETWEEN THE CITY OF KENT AND
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC
PARTIES
THIS LICENSE ("License") is between the CITY OF KENT, a Washington
Municipal Corporation ("City"), and COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC, a Washington Limited Liability Company ("Licensee").
RECITALS
1. Licensee seeks to provide communications services to T-Mobile West
Corporation, successor-in-interest to VoiceStream PCS III Corporation, dba T-
Mobile ("T-Mobile"), who has a leasehold interest on City owned real property
located at 23825 98th Avenue S., Kent, WA. The leasehold interest terminates on
September 26, 2015, with one (1) additional option for renewal.
2. It is the intent of the Parties to enter into a License agreement with
appropriate terms and conditions so as to allow Licensee to provide communication
services to T-Mobile.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License ("License") for a
period of five (5) years from the Effective Date for Licensee to install, operate and
maintain cable and other underground facilities to be used to provide T-Mobile with
communications services over the real property described in Exhibit A
("Property"). If T-Mobile's lease is renewed, this License shall extend for the term
of the lease's renewal period. Licensee is authorized to install the improvements
described in Exhibit B ("Improvements").
2. Damage to Property and Restoration. Licensee shall repair any
damage to the Property caused by the installation, operation, or maintenance of the
Improvements on the Property. Upon revocation, termination or expiration of this
License, Licensee shall restore the Property to its original condition prior to the
issuance of the License, with the exception that the conduit and vaults shall remain.
Such restoration obligation shall survive the expiration date of this License.
3. Revocation and Termination. This License does not grant an estate
UTILITY LICENSE--Page 1 of 7
(between City of Kent and Comcast Cable
Communications Management, LLC
23825 98`h Avenue S, Kent, WA)
in the land described as the Property; it is not an easement; it is not a franchise; it
is not exclusive; and, it does not exclude the City from full possession of the
Property. As a License upon real property, it is revocable at the will of the City.
However, prior to termination or revocation by the City, the City shall provide
Licensee with at least 120 calendar days' written notice of that termination or
revocation. Upon the effective date of the City's termination or revocation,
Licensee is required to remove all Improvements and restore the Property within
thirty (30) calendar days per the terms of Section 2. If Licensee fails to remove the
Improvements within the allotted time, the City may remove all or part of the
Improvements, restore the Property, and recover the costs of such removal and
restoration from Licensee. Licensee waives any right it may have to any claim for
damages of any kind incurred as a result of the City's removal of all or part of the
Improvements.
4. Permits Required. The City's grant of this License does not release
Licensee 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 Improvements. Licensee's failure to
comply with this Section 4 shall constitute grounds for immediate revocation by the
City.
5. Indemnification. Licensee 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
reasonable legal costs, witness fees, and attorney fees, arising out of or in
connection with the performance of any of Licensee's rights or obligations granted
by this License, but only to the extent caused by the gross negligence of the City,
its employees, agents, contractors, or invitees. The provisions of this Section 5
shall survive the expiration or termination of this Agreement.
6. Notice Before Entry. Entry upon the Property is by way of a locked
gate maintained by the City at 23825 98th Avenue S., Kent, Washington. Licensee
shall install their padlock on the entry gates for access in series "daisy chained"
with other placed locks. At no time shall Licensee install their lock in a fashion that
prevents access for other licensees, tenants or City. City reserves the right to cut
any lock required to gain access to City's real property and access area. Licensee
shall give City advance notice at least twenty four hours of its request for entry,
which time shall include at least one full business day. Such Notice may be by
telephone to Public Works Operations (253) 856-5600.
7. Reservation of Right to Require Additional Security. The City
reserves the right to require such additional physical security measures as may be
UTILITY LICENSE--Page 2 of 7
(between City of Kent and Comcast Cable
Communications Management, LLC
23825 98`h Avenue S, Kent, WA)
required to protect the Property.
B. Assignment. Licensee shall not assign all or any portion of its rights,
benefits, and privileges, in and under this License without prior written approval of
the City, which approval will not be unreasonable withheld or delayed. Licensee
shall, no later than thirty (30) days prior to 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.
9. Venue and Jurisdiction. This License shall be construed in accord
with the Laws of the State of Washington. Venue and jurisdiction for the resolution
of disputes shall be in the Superior Court for King County, Washington. In the
event of claim or litigation regarding the enforcement of the terms of this License,
each Party shall be responsible for its own legal costs and attorney fees except as
noted in Paragraph 5.
10. Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted, 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: LICENSEE:
City of Kent Comcast Cable Communications
Attn: Director of Public Works Management, LLC
220 Fourth Avenue South Attn:
Kent, WA 98032 402 Valley Avenue NW, Suite 101
Puyallup, WA 98371
11. Entire Agreement and Effective Date. This License contains the
entire agreement between the parties and, in executing it, the City and Licensee do
not rely upon any statement, promise, or representation, whether oral or written,
not expressed herein. This agreement shall be effective upon the last day executed
(Effective Date).
12. Warranty of Authority to Execute. Each person executing this
license warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
UTILITY LICENSE--Page 3 of 7
(between City of Kent and Comcast Cable
Communications Management, LLC
23825 98"' Avenue S, Kent, WA)
IN WITNESS, this License is executed and shall become effective as of the
last date signed below.
K
CITY OF KENT LICENSEE
By: Z By: —_
Pri m Suzette Cooke Print Name: StiNe. Ta1�f
a
I o Its:
ate: o� ii // Date:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
B,R/CC4�i�
Q
U��20T"R, lee T
NOTARY PUBLIC, in and for the Sate
'O(jB 'p Y of Washington, residing at �zjg eAGX-h
� =�j My appointment expires Z
UTILITY LICENSE--Page 4 of 7
(between Clty of Kent and Comcast Cable
Communications Management, LLC
23825 98" Avenue S, Kent, WA)
STATE OF WASHINGTON )
. ss.
COUNTY OF KING )
I herebycertify that I know or have satisfactory evidence that c)1F
Y Y
TFAAAr;-t-- Is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she Is authorized to
execute the Instrument on behalf of C6,4CA� CABLE as Its VP of C*46
and such execution to be the free and voluntary act of such party for the
uses and purposes mentioned In the foregoing Instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above
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NOTARY PUBLIC, in and for the State
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UTILITY LICENSE--Page 5 of 7
(between City of Kent and Comcast Cable
Communications Management, LLC
23825 98"' Avenue S, Kent, WA)
EXHIBIT A
Legal Description
�I
DALEY-MORROW-POBLETE, INC.
ENGINEERING-SURVEYING-LAND PLANNING
726 Aubum Way North
Aubum,WA 98002
(253)333-2200
FAX (253)333-2206
18 January 2011
APN: 182205-9055
Easement Description
That portion of Lot 1,City of Kent Short Plat"Valley Com#SP-84-10"recorded under
Recording No. 8412200589,in King County, Washington lying 5.00 feet on each side of the
following described lme:
Beginning at the intersection of the east line of said Lot 1 and the south line of the north 5.00 feet
of said Lot 1;
Thence west along said south line,a distance of 569.00 feet;
Thence southwesterly a distance of 15.00 feet to the south line of the north 13.00 feet of said Lot
1;
Thence west along said south line,a distance of 2.00 feet;
Thence south perpendicular to the north line of said Lot 1,a distance of 17.00 feet to the south
line of the north 30.00 feet of said Lot 1;
Thence west along said south line a distance of 11.00 feet;
Thence north perpendicular to the north line of said Lot 1,a distance of 1.00 feet to an existing
outdoor equipment cabinet and the terminus of said described line.
Extending and/or shortening the exterior margins of this easement to intersect each other where
applicable and to terminate at the east boundary of said Lot 1.
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