HomeMy WebLinkAboutPK11-207 - Original - Comcast Cable Communications - Contract - 8/4/11 _a
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Records M gemee.
KENT Nit
WAHHI OTON Document
N --
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Comcast Cable Communications
Vendor Number:
]D Edwards Number
Contract Number: 6�1 ( - a0
This is assigned by City Clerk's Office
Project Name: License Utility Installation for T-Mobile Cell Site
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 7/2011 Termination Date: 10/2015
Contract Renewal Notice Da o ce (Days): 90)
Number of days required notice for termination or renewal or amendment
Contract Manager: Charlie Lindsey Department: Parks/Facilities
Detail: (i.e. address, location, parcel number, tax id, etc.):
13028 SE 2515Y Street.
5 Public\RecordsManagement\Forms\ContractCover\adcc7832 11/08
s
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 utilities to T-Mobile West Corporation,
successor-in-interest to VoiceStream PCS III Corporation, dba T-Mobile ("T-
Mobde"), who has a leasehold interest on City owned real property located at 13028
SE 2515t Street, Kent, WA. The leasehold interest terminates on October 9, 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 utility service to
the leasehold.
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
communication services over the real property described in Exhibit A ("Property").
Licensee is authorized to install the improvements described in Exhibit B
("Improvements").
2. Restoration. 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
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
UTILITY LICENSE--Page 1 of 6
(between City of Kent and Comcast Cable
Communications Management, LLC at Wilson Playfield)
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 of the negligence or comparative fault of Licensee, its employees,
agents or assigns. 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. 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
required to protect the Property.
8. Assignment. Licensee may assign all or any portion of its rights,
benefits, and privileges, in and under this License subject to and conditioned upon
approval of the City, which approval will not be unreasonably withheld or delayed.
UTILITY LICENSE--Page 2 of 6
(between City of Kent and Comcast Cable
Communications Management, LLC at Wilson Playfield)
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 Parks Management, LLC
220 Fourth Avenue South Attn:
Kent, WA 98032 402 Valley Aven4k 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.
IN WITNESS, this License is executed and shall become effective as of the
last date signed below.
UTILITY LICENSE--Page 3 of 6
(between City of Kent and Comcast Cable
Communications Management, LLC at Wilson Playfield)
i
a
CITY OF KENT LICENSEE
By: By: /
P t e:SUZETTE COOKE Print
ts: M r Its:
Dat Date:
APPROVED AS TO FORM:
K nt Law De ment
UTILITY LICENSE--Page 4 of 6
(between City of Kent and Comcast Cable
Communications Management, LLC at Wilson Playfield)
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 ,"\n aqj�y, year first above written.
,
N-+ % A ° =z NOTARY PUBLIC, in and for the State
, 7- �� s of Washington, residing at �J` �Of'",�
/4/,,ii�p "'"" �G�r' My appointment expires
''11WAS' `
UTILITY LICENSE--Page 5 of 6
(between City of Kent and Comcast Cable
Communications Management, LLC at Wilson Playfield)
08/02/11 16:00 FAX 2538644369 CONCAST PUY FFO 002
STATE OF' WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that STEV
'WY, — 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 f O XACAS as its SIP of-
k�. , 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 AppWr-Within This Box-
IN WITNESS WHEREOF, I have hereon o set my hand and official
;.eal the 4�qtuv jyear first above wri n.
PgT4f�`
-
.�.q:•
J T i sw— 5: 15
NOTARY PUBLIC, in and for the State
AUSLIQ of Washington, residing at (812-3`m vV--SR
.3i2rreal�. ' My appointment expires v
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P.\Glvll\FlIe9\OpE•n Files\C)M3-CeIITtwerLease:�T-Mobllo ft WcaStreamWAnwast Li[edse-Wdsen Pkyfield.degc
UTILITY LICENSE--Page 6 of 6
(between City of Kent and Comcast Cable
Communications Management, LLC at Wilson Playiield)
DALEY-MORROW-POBLETE, INC.
ENGINEERING-SURVEYING-LAND PLANNING
726 Auburn Way North
Aubum,WA 98002
(253)333-2200
FAX (253)333-2206
APN:212205-9184
EX Mrr A
That portion of Parcel B, City of Kent Snow Park Lot Line Adjustment File No. LL-2002-2,
recorded under Recording No. 20020213000170, in King County, Washington lying 5.00 feet on
each side of the following described line:
Commencing at the southwest corner of said Parcel B;
Thence north 01'01'02"east,along the west line thereof,a distance of 200.00 feet to the point of
beginning;
Thence north 42°41'49"east a distance of 34.59 feet;
Thence north 01°01'02"east a distance of 199.00 feet;
Thence south 88°54'57"east a distance of 199.00 feet;
Thence north 64°49'39"east a distance of 24.86 feet;
Thence north 01°05'03" east a distance of 7.00 feet to the south line of Lot 1,City of Kent Snow
Park Short Plat SP-97-32, recorded under Recording No. 9802179012, and to the terminus of
said described line.
Extending and shortening the exterior margins of the southerly extent of this easement to
terminate at the west boundary of said Parcel B. Also extendmg and shortening the exterior
margins of this easement to intersect each other at angle points.
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REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH 3 j r; LAW DEPARTMENT)
j '�
Reviewed by Parks Director
Originator: Charlie Lindsey Phone (Originator): 5081
Date Sent: 8/1/2011 Date Required: 8/3/2011
Return Signed Document to: Rosalie CONTRACT TERMINATION DAM/0 C �o
VENDOR NAME: Comcast Cable Communi DATE OF COUNCIL APPROVAL:
Brief Explanation of Document: This is an agreement with Comcast Cable Communications who
is doing work for T-Mobile who has a Lease Agreement with the City of Kent for cell sites.
Comcast will be installing fiber optic cable at Wilson Playfield for T-Mobile. They will be under
the City of Kent permitting process to do this work.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
AUG 2 2011
Received:
Approval KEEKTD 1f.11 DEPT.
Law Dept. Comments: V�
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration t�; ll
1 I
Received: [1 AUG — � 2 011 �
CITY of WENT
Recommendations and Comments:
Disposition:
a /�I—W d� dCJ U
Date Returned: