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HomeMy WebLinkAboutPW13-226 - Amendment - #1 - Zayo Group, LLC - Limited Street License - 08/05/2014 i I WA K T �. ., 10 Document gR I 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: Zayo Group, LLC Vendor Number: _ JD Edwards Number Contract Number: This is assigned by City Cljrk s Office i Project Name: Limited Street License with ZaVo Group, LLC i Description: ❑ Interlocal Agreement LI Change Order El Amendment ® Contract ❑ Other: Contract Effective Date: 9/3/2013 Termination Date: 9/3/2018 Contract Renewal Notice (bays): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Kathy Hardy Department: Legal Detail: (i.e. address, location, parcel number, tax id, etc.): Limited use street license with Zayo Group, LLC administered by Legal. i S;Public\Recordstlanagement\Forms\ContractCover\adcc7832 1 11/08 FIRST AMENDMENT TO LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND ZAYO GROUP, LLC THIS FIRST AMENDMENT is entered into on the date fully executed below by and between the CITY OF KENT, a Washington municipal corporation ("City ") and ZAYO GROUP, LLC ("Licensee"). This First Amendment amends that certain Limited Street License entered Into between City and Licensee on or about October 7, 2013, by replacing the existing Exhibit A and Exhibit B with new versions (the"License"). I A. City has agreed to permit Licensee to install additional fiber optic network in City right-of-way; B. City and Licensee would like to amend the License to include the route map for the new installation; C, Section 1 of the License incorrectly defines Exhibit A as "Existing Property," which is a defined term not used anywhere within the License. D. Exhibit A should be defined in Section 1 as"Property,"which is the term used throughout the License. NOW THEREFORE, the City and Licensee agree and covenant as follows: I 1. Exhibit A and Exhibit B of the License shall be removed and replaced with a new Exhibit A and Exhibit B, attached and incorporated by reference. 2. Section 1 of the License shall be modified as follows: "I. License Granted. The City grants this License("License") for a period of five (5) years from the Effective Date for Licensee to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect a telecommunications system and all related equipment ("Telecommunications System") across, along, in, upon, and under the City`s right-of-way{ Preper#y }as shown in Exhibit A("Existfng-Property"). A general description of the plans for planned improvements to this Telecommunications System is attached as Exhibit B ("Improvements"). This License is subject to all the terms and conditions established below. i 3. Except as specifically modified by this First Amendment, all other terms, conditions, or provisions set forth in the License shall remain in full force and effect. CITY: LICENSEE: CITY OF KENT ZAYO GROUP, LLC: r` I By ?.r- ' ?4 Byt i ,Suze to Co e, Mayor Print rt ly t Title: eye Date: Date:�� _. PW+N%GslAwmtF 1JmrcAo h6.eumvN,?goWRtrrraaarctagaiimasn FIRST AMENDMENT TO LIMITED STREET LICENSE- Page 1 (July, 2014) (Between City of Kent and 2ayo Group, LLC) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. i Dated:_... -Notary Seal Must Appear within This Box- IN`oYIT%Nfa p WHEREOF, I have hereunto set my hand and official seal the day ag�,yeti: b9ve written. ri1dVe oA " @UevyG �t (Sig ture) �a �p XNOTARY PUBLIC, in and for the State i1i1 rtF `CWAS of WashiMy ngton, residing expires at ?Kz i I I I FIRST AMENDMENT TO LIMITED STREET LICENSE- Page 2 (July, 2014) (Between City of gent and Zayo Group, LLC) ` I f i COL O rL+D STATE OF WASHINGTBN } ss. COUNTY OF4(Glt( � 1 } I certify that I know or have satisfactory evidence that V- is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the 6550c - COLAAe I of Z�e{p 67T' t , l�-fr-r to be the free and voluntary act of such party for the uses purposes mentioned in the instrument. I Dated: 11 O�5 1( 14 i -Notary seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written, 1,x11,k�t.' MICHELLE NIARLATTARLEDGF( gnature) NOTARY PUBLIC N TARY PUBLIC, in and for the State STATE OF COLORADO ing�., residing at (605- NOTARY ID201 44010 4 6 M a ointment expires MYCOMMISSIONSXPIRESAPRILp7,20J4 pp Aires. `f- 1 11 ( I FIRST AMENDMENT TO LIMITED STREET LICENSE- Page 3 (July, 2014) (Between City of Kent and Zayo Group, LLC) i I Exhibit A Description of Facilities I Facilities included in this Street License are limited to the Public Right of Way along the following City Streets: 0 Hawley Road-From 68th Ave S.to Approximately 400 feet east of 68th Ave S. I 0 500 feet South of S 212th Street 0 SE 224th Street-From 104th Ave SE to 108th Ave SE(Benson Rd) 0 104th Ave SE @ SE 226th Street to 1081h Ave SE @ SE 192nd St 0 SE 196th Street-From 108th Ave SE to 120th Ave SE j 0 120th Ave SE-From Sr 196th St to SE 192nd St 0 SE 192nd St-From 120th Ave SE to 200 feet west of 120th Ave SE 0 S. 228th Street-From 68th Avenue S.to 76th Ave S(4th Ave N.) 0 76th Ave S(4th Ave N.)-From 5.228th Street to State Route 167 0 80th Ave 5—From SW 43`Q St to 80th PI S. 0 80th PI S—From 80th Ave S to 84`"Ave S e S 192nd St—From 84th Ave S to State Route 167 I I I I x' ! fc .� s �.;(., 4 F ..aE 6 r r� f• V��urt i �' T � 1�n� •f. a 35 .3,' � 't }r f � #R r # ��„���a ��/'ir ,� R I �r s'R.'t �.# Iry " 65�. �� xdr x t YiF ,} ra e;� js3 yy. S'L^ hax `vtl1 yxs� } ��K i�� � ,�F s x'Y� i+" � vi"f t"�'U a3.tj���"��t'�S^ ��•k�§��1 � 4�Y'�'� `�..ztF P 1t� N 7 v 3 �� :„.�? x.. �✓� nr�i�_ 15 w k w a rJ4��Sv,v"�✓ -r;;F�"�'-?� �iP y�z }L`r c 1 1Cs^�� �i�i° t 'r' 8 A�.� CERTIFICATE LIABILITY INSURANCE Page I of 1 08/12/014 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. li 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 AME— Willis of Colorado, Inc. 'PHONE FAX c/o 26 Century Blvd. T) 877-945-7378 .� ( Nny B$$-467-2378 _.. P.O. Box 305191 E-MAIL ADDRESS:- certificates@willis.com Nashville, TN 37 2 3 0-5191 INSURER(S)AFFORDING COVERAGE NAICA _ INSURERA: The Travelers Indemnity Company 25658-001 INSURED INSURER Travelers Property Casualty Company of Am 25674-001 Zayo Group, LLC -- 400 Centennial Parkway, Ste. 200 INSURERC: Louisville, CO 80027 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:21930941 REVISION NUMBER: 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 TYPEOFINSURANCE ADDT SUBI i POLICYNUMBER POLICYEFF POLICYEXP LIMITS A GENERAL LIABILITY 6309H867518IND14 8/1/2014 8/l/2015 EACH OCCURRENCE $ 11000,00_0 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES.(Ea occonmee $ 1,000,000 _-1 CLAIMS MADEu OCCUR MED EXP(Any one numom $ 10.000 PERSONAL BADV INJURY.... $ 1,0_00,000 GENERALAGGREGATE $ 2,000 000 GEN'L AGGREGATE LIMITAPPLIES PER: ! PRODUCTS-COMPtOP AGO $ 2 000 000 POLICY 7 PRO- LOG ( ;$ A AUTOMOBILE LIABILITY 8105121N5201ND14 8/1/2014 8/l/2015 qOMBINED SINGLE LIMIT I (Ea accident) ;$ 1,000,000 X ANYAUTO BODILY INJURY(Perpamoc) 1$ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY{PerawidenQ I$ NON-OWNED PROPERTY AGE X HIRED AUTOS X ;AUTOg Peraccident) $ __ _ _.. I I $ g X UMBRELLA LIAB X I OCCUR ICUP5121N520TIL14 8/1/2014 8/1/2015 EACH OCCURRENCE $ 5,000.,.000 —j EXCESS LIAR1-1 CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION WC BTATU- T AND EMPLOYERFLIABILITY YIN ER. __... ANY PROPRIETORtPARTNER/EXECUTIVE _ OPFICER(y In NID E%CLUDED? NIA E.L.EACH ACCIDENT $ IMantlescort land E.L.DISEASE-EA EMPLOYEE $ ! f yes,descnbe antler - i DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ i i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additional Remarks Schedule,it more space Is required) Additional Named Insured Includes: AboveNet Communications, Inc. The City of Kent, its officers, officials, employees, agents and assigns are recognized as an Additional Insured under General, Auto and Umbrella Liability but solely as respects liability arising from the Named Insured's operations and/or work performed by the Named Insured, ATIMA. . This coverage shall apply separately to each insured. This insurance shall be primary. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i City of Kent AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Attn: City Clerk Kent, WA 98403 Coll:4488638 Tpl:1846138 Cert:21930941 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD