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HomeMy WebLinkAboutPW15-059 - Original - Verizon - Four Corners Limited Access License - 02/18/2014 1 Records gee KENT Document W ASHINGTON 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: Limited Access License Agreement with Seattle SMSA Limited Parthnership dba Verizon Wireless Vendor Number: ID Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Limited Access License btwn Kent & Seattle SMSA Limited Partnership dba Verizon Wireless. Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Limited Access License Renewal Contract Effective Date: 2/18/2014 Termination Date: 2/18/2019 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Kevin Swinford Department: PW Ops - Water Detail: (i.e. address, location, parcel number, tax id, etc.): Limited Access License Agreement with Verizon Wireless new license will be granted for an initial 5 yr term with the option to renew for up to 3 additional 5 year terms. Pay an annual consideration of $20,400.00 with an increase of 115% of the annual payment due for the immediately preceding term. S:Public\RecordsManagement\Forms\Contrac[Cover\adcc7832 1 11/08 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 ® Fax: 253-856-6500 KENT Address: 400 West Gowe Street Kent, WA 98032-5895 Date: January 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 2, 2015 From: Kevin Swinford, Source and Supply Supervisor, Water Section Through: Dave Brock, P.E., Interim Operations Manager Subject: Limited Access License Agreement between the City of Kent and Seattle SMSA Limited Partnership d/b/a Verizon Wireless Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Limited Access License with Seattle SMSA Limited Partnership d/b/a Verizon Wireless, to allow access and maintenance of Verizon's telecommunications system, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City granted an access license to Verizon Wireless in October of 2003 to cross a portion of the Clark Springs watershed. This license allowed Verizon Wireless limited access and a means to install the required utilities to an existing Bonneville Power Administration Tower for the purpose of establishing its telecommunications equipment. This original license was granted for five (5) years with four automatic renewal terms; however, the City and Verizon agreed to enter into a new license agreement in February of 2009, that license expired in February of 2014. The City has agreed to issue a new access license to allow Verizon to continue to service and have access to its leasehold while ensuring the safety of the City's water supply. The City of Kent has imposed strict compliance measures within this agreement to ensure the site and its prime purpose as a water source for the citizens of Kent is protected. This new license will be granted for an initial five (5) year term, with the option to renew for up to three (3) additional five (5) year terms. Verizon will pay an annual consideration of $20,400.00, with an increase equal to 115% of the previous term for each permitted renewal term. Exhibits: Limited Access License between the City of Kent and Seattle SMSA Limited Partnership dba Verizon Wireless Budget Impact: Verizon will pay an annual payment of $20,400.00, with an annual increase of one hundred fifteen percent (115%) of the annual payment due for the immediately preceding term. I K NT W>`..'YINGION Agenda Item: Consent Calendar - TO: City Council DATE: February 17, 2015 SUBJECT: Limited Access License Agreement with Seattle SMSA Limited Partnership d/b/a/ Verizon Wireless - Authorize MOTION: Authorize the Mayor to sign a Limited Access License with Seattle SMSA Limited Partnership d/b/a Verizon Wireless, to allow access and maintenance of Verizon's telecommunications system, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City granted an access license to Verizon Wireless in October of 2003 to cross a portion of the Clark Springs watershed. This license allowed Verizon Wireless limited access and a means to install the required utilities to an existing Bonneville Power Administration Tower for the purpose of establishing its telecommunications equipment. This original license was granted for five (5) years with Jour automatic renewal terms; however, the City and Verizon agreed to enter into a new license agreement in February of 2009, that license expired in February of 2014. This proposed license agreement contains more restrictive compliance measures to ensure the site, and its prime purpose as a water source for the citizens of Kent, is protected. The license has an initial five (5) year term, with the option to renew for up to three l (3) additional five (5) year terms. Verizon will pay an annual consideration of $20,400.00, with an increase equal to 115% of the previous term for each permitted renewal term. EXHIBITS: Seattle SMSA Limited Partnership d/b/a Verizon Wireless, Limited Access ' License Agreement I i RECOMMENDED BY: Public Works Committee e! YEA: Fincher, Ralph NAY: N/A BUDGET IMPACTS: Verizon will pay an annual payment of $20,400.00, with an annual increase of one hundred fifteen percent (115%) of the annual payment due ', for the immediately preceding term. Funds will be deposited to the water fund. Verizon Wireless verizon Pacific NW Real Estate 3245-158th Ave SE,M5 231 Bellevue,WA 9BOOB Fed Ex 2 DAY Delivery December 12, 2014 City of Kent Division/ Law Department 220 Fourth Avenue South Kent,WA 989032 Attn: Cheryl Rolcil<-Wilcox, Civil Legal Assistant Re: SEA FOUR CORNERS LIMITED ACCESS LICENSE Dear Ms. ROIcII<-Wilcox: Attached please find two (2) originals of the Limited Access License between the City of Kent and Seattle SMSA Limited Partnership Dba Verizon Wireless for our site SEA FOUR CORNERS, executed by Verizon Wireless on December 9, 2014. These documents now require the signature of the City of Kent. Once executed and notarized, please return one original to my attention. Verizon Wireless Shirley Vangen, Real Estate Specialist 3245—158t"Ave SE, MS 231 Bellevue, WA 98008 Thank you on behalf of Verizon Wireless for your time and consideration in this matter. If you have any questions, please feel free to contact me at 425-603-2824 or 425-223-1351. Sincerely, 'C , Shirley A.Vangen, Real Estate Specialist SAV:sav Enclosure i Vangen, Shirley From: Richard Cardoza <rcardoza@ldccorp.com> Sent: Friday, December 12, 2014 6:56 AM To: Vangen, Shirley Subject: Fw: SEA 4 Corners City of Kent/VZW Hi Shirley, here is the City contact for SEA 4 Corners below. Thank you Shirley Sent from my Verizon Wireless Droid -----Original message----- From: "Rolcik-Wilcox, Cheryl' <CRolcik-Wilcox(d),kentwa.gov> To: Richard Cardoza <rcardozanldccorp.com> Cc: "Swinford, Kevin" <KSwinford(d,)kentwa.gov>, "Galazin, David" <DGalazin&kentwa.gov> Sent: Tue, Dec 9, 2014 22:02:26 GMT+00:00 Subject: RE: City of Kent/VZW Hi Rick—Just wanted to do a quick follow up to see if you ever received this back from Verizon signed? Hope you had a nice Thanksgiving! Cheryl Rolcik-Wilcox, Civil Legal Assistant Civil Division I Law Department 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5771 1 Fax 253-856-6770 crolcik-Wilcox@ KentW A.oov CITY OF KENT,WASHINGTON KentWA.gov Facebook YouTube '.... PLEASE CONSIDERTH E ENVIRONMENT BEFORE PRINTING THIS E-MAIL THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. i From: Richard Cardoza [mailto_rcardozaCIldccorp.com] Sent: Saturday, November 01, 2014 1:20 PM To: Rolcik-Wilcox, Cheryl Subject: RE: City of Kent/VZW Hi Cheryl, I sent this to VZW for signature and will get back to you once I hear back. Thank you Cheryl Sent from my Verizon Wireless Droid -----Original message----- From: "Rolcik-Wilcox, Cheryl' <CRolcik-1Nilcoxna kentwa.gov> To: Richard Cardoza <rcardozapldccorD.com> Cc: "Komoto, Kim" <KKomoto(dkentwa.gov>, "Swinford, Kevin" <KSwinford(&kentwa.gov>, "Galazin, David" 1 LIMITED ACCESS LICENSE BETWEEN THE CITY OF KENT AND SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS THIS LIMITED ACCESS LICENSE ("License") is between the CITY OF KENT, a Washington municipal corporation ("City"), and SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS, a Delaware limited partnership ("Licensee"). RECITALS A. Licensee holds a leasehold interest for antenna space at a Bonneville Power Administration structure located in the City of Kent and has erected an antenna on this existing structure for a telecommunications system; B. City is the fee owner of the parcel of real property upon which the Bonneville Power Administration structure is .erected, pursuant to an easement previously granted by the City; C. This property is environmentally sensitive as it is the source of the City's water supply, the protection of which is vital to the City. D. City previously granted a license to Licensee, executed on October 8, 2003, and a subsequent license, executed February 18, 2009, together with two addendums thereto, for access, installation, maintenance, and operation of conduit and other communications facilities over and upon the real property described in Exhibit A to this License ("Property"). E. Under a prior license agreement between City and Licensee, Licensee installed a second conduit in the trench on the Property. This License does not permit use of the second conduit, and Licensee may not use the second conduit unless it obtains City permission through an additional license agreement. F. The previous license between the City and Licensee expired on February 17, 2014. The City has agreed to issue this License to allow Licensee to continue to service and have access to its leasehold, while ensuring the safety of the City's water supply. NOW, THEREFORE, CITY AND LICENSEE AGREE AS FOLLOWS: i LICENSE 1. License Granted. The City grants this License for a period of five (5) years, LIMITED ACCESS LICENSE--Page 1 (between City of Kent and Verizon Wireless) with a retroactive starting date of February 18, 2014 (the "Commencement Date"), and ending on February 18, 2019, for Licensee's ingress and egress to its leasehold on the Bonneville Power Administration structure as shown in Exhibit A and to maintain Licensee's telecommunications system. A general description of the plans for the telecommunications system is attached as Exhibit B ("Improvements"). Together, the Property and Improvements shall be referred to as the "Premises." Future use of the second conduit installed by Licensee is prohibited under this License, and use of the second conduit by Licensee without having first obtained an additional license agreement from the City may result in immediate revocation of this License by the City. This License is subject to all the terms and conditions established below. This License may be extended for up to three (3) additional five (5) year terms (each a "Renewal Term") upon written notification by Licensee to the City of its desire to extend the term of the License at least six (6) months prior to the end of the then-current term. Each Renewal Term shall be granted at the sole discretion of the City, and upon such terms and conditions as the City determines to be in the public interest. 2. Annual Consideration. a. In consideration of the City's issuance of this License, Licensee agrees to pay to the City, without notice or demand, an annual payment of Twenty Thousand, Four Hundred and No/100 Dollars ($20,400.00), beginning on the Commencement Date, to cover the costs of administering this License. Licensee shall pay City the first annual payment within fifteen (15) days of the Effective Date, as determined pursuant to Section 21, below. Licensee shall pay each subsequent annual payment on or before February 191h of each year of this License. The annual payment for each permitted Renewal Term shall be increased to an amount equal to one hundred fifteen percent (115%) of the annual payment due for the immediately preceding term. b. Licensee shall pay City a late payment charge equal to five percent (5%) of the annual payment for any payment not received within five (5) calendar days of when such payment becomes due. In addition, any amounts not paid in full when due shall bear interest until paid at the rate of one percent (1%) per month. 3. Maintenance of the Premises — Use of Chemicals Prohibited. Licensee has installed and shall maintain a vehicle turnaround, fencing, and gates along the access road as shown on Exhibits A and B, and shall perform reasonable maintenance and emergency repairs due to storm damage and/or use by Licensee or its contractors to the access road, fencing and gates upon the City's request. Licensee shall use no herbicides or other chemicals on the Premises. Use of herbicides or other chemicals on the Premises shall be cause for immediate revocation of this License and eviction of Licensee from the LIMITED ACCESS LICENSE--Page 2 (between City of Kent and Verizon Wireless) Premises without further recourse for Licensee. Licensee shall be responsible for posting signage that states the prohibited use of chemicals or herbicides within the Premises. Licensee shall also be responsible for posting signage at the main entry, which provides twenty-four (24) hour contact information for Licensee or its representatives, and which clearly shows the site identification number. Licensee shall also be responsible for any and all clean-up costs, testing to ensure any and all contamination has been removed, and the cost of City staff time. Clean-up shall be completed to the satisfaction of the City. Licensee shall provide one (1) gate key to the City of Kent for the purpose of gate maintenance. This key shall remain with the City for the duration of this License. This section shall survive the revocation and/or expiration of this License. 4. Damage to Premises and Restoration. Licensee shall repair any damage to the Premises caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection 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. Such restoration obligation shall survive the expiration of this License, 5. Bond for Maintenance, Restoration and Environmental Liability. As a condition of this License, Licensee will provide the City with an executed performance bond, on forms acceptable to City, in the amount of one million dollars ($1,000,000.00). The bond shall: a. Be signed by an approved surety that is registered with the Washington State Insurance Commissioner and appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; i b. Guarantee the faithful performance of Licensee's maintenance and the restoration obligations and all terms under this License regarding environmental contamination clean-up and indemnification; C. Guarantee the faithful performance of the provisions of section 12.5 herein. 6. Revocation. The intent of this License is to authorize Licensee to access, install, maintain, and operate the Improvements over and upon the Property. 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 revocation by the LIMITED ACCESS LICENSE--Page 3 (between City of Kent and Verizon Wireless) City, the City shall provide Licensee with at least sixty (60) calendar days' written notice of revocation. Within thirty (30) calendar days of the effective date of the City's revocation, Licensee is required to remove all Improvements and restore the Property pursuant to Section 4. If Licensee fails to remove the Improvements within thirty (30) days, 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. 7. 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 7 shall constitute grounds for immediate revocation by the City. The consideration in Section 2 is in addition to any fees required for applicable local, state, and federal permits. 8. Alterations and Additions. Licensee shall not make or allow to be made any alterations, improvements, or changes to the Premises without the prior written consent of the City. In the event City consents to the making of any alterations, additions, or improvements to the Premises by Licensee, the same shall be made by Licensee at Licensee's sole cost and expense; the Premises and the City shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. 9. Record Drawings and As-Builts. Within sixty (60) days of construction of any alterations or changes to the Premises, Licensee shall provide the City with accurate copies of all record drawings and maps showing the horizontal and vertical location and configuration of all located or relocated Improvements within the public right-of-way. These as-built drawings and maps shall be signed and stamped by a Washington state licensed professional land surveyor, shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the City. As-builts must be on City of Kent horizontal and NAVD88 vertical datum NAD83/91. Licensee warrants the accuracy of all record drawings and maps and as-builts provided to the City. Licensee shall provide the City with updated as-built drawings and maps upon request. Failure to provide any as-built drawings or maps within sixty (60) days of the City's request shall constitute grounds for immediate revocation by the City. 10. Relocation. The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to underground facilities. Licensee shall, at its sole cost and LIMITED ACCESS LICENSE--Page 4 (between City of Kent and Verizon Wireless) i i expense, relocate all or any part of the Improvements within sixty (60) days' notice by the City. Failure to relocate shall constitute grounds for immediate revocation of this License by the City. The provisions of this Section 10 shall survive the expiration or termination of this License. 11. Emergency. In the event of any emergency in which any portion of the Improvements breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately 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 Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two (2) succeeding business days. Licensee shall immediately notify the City of any emergency by calling the City's Public Works main number at 253-856-5600 and the Water Superintendent at 253-856-5610 during normal business hours. After normal business hours, Licensee shall dial 911 and request a response from the City of Kent Police Department. If Licensee fails to take the proper emergency measures, City may undertake such remedial measures as it deems necessary, and recover the costs of such work from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of City's remedial work. 12. Indemnification. Licensee shall comply with the following indemnification requirements: 12.1 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, except to the extent caused by the negligence of the City, its employees, agents, contractors, or invitees. 12.2 The City's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 12.3 These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee shall indemnify and hold the City harmless as provided for in this Section LIMITED ACCESS LICENSE--Page 5 (between City of Kent and Verizon Wireless) 12 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City regardless of whether the settlement of such claims is made with or without Licensee's consent. 12.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 12 and if Licensee'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 Licensee shall pay all the City's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 12 indemnification clause. 12.5 Licensee shall defend, indemnify, and hold the City, its officers, officials, agents, employees, assigns and volunteers harmless from and against any and all claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or removal of Hazardous Materials at, and related necessary restoration of, the Property, but only to the extent such Hazardous Materials were introduced to the Property by Licensee or Licensee's employees or agents. For the purpose of this License, "Hazardous Materials" shall mean asbestos, petroleum, PCBs, automotive fluids, herbicides, pesticides or any substance, waste or material defined as hazardous, dangerous or toxic in any federal, state, or local environmental or safety law or regulation including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and the Washington Model Toxics Control Act ("MTCA"). 12.6 The provisions of this Section 12 shall survive the expiration or termination of this License. 13. Insurance._ Licensee agrees to comply with the insurance requirements of Exhibit C at all times during the term of this License. 14. Reservation of Right to Require Additional Security. The City reserves the right to require additional physical security measures as may be required, in the City's sole discretion, to protect the Property and the City's water source. i 15. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 16. Assignment. Licensee shall not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. Licensee LIMITED ACCESS LICENSE--Page 6 (between City of Kent and Verizon Wireless) h i 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. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with Licensee so long as notice of same is provided to the City and provided Licensee remains fully liable to the City for compliance with all terms and conditions of this license until such time as the City shall consent to such assignment as provided above. 17. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License or the Premises. 18. Venue and Jurisdiction. This License shall be construed in accordance 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 Section 12. 19. 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, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY: LICENSEE: City of Kent Seattle SMSA Limited Partnership Attn: Director of Public Works d/b/a Verizon Wireless 220 Fourth Avenue South Attn: Network Real Estate Kent, WA 98032 180 Washington Valley Road Bedminster, NJ 07921 20. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 21. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do LIMITED ACCESS LICENSE--Page 7 (between City of Kent and Verizon Wireless) i not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below ("Effective Date"). Any acts performed by Licensee or City between the Commencement Date and the Effective Date of this License, in accordance with the terms and conditions contained herein, are hereby ratified upon execution of this License. 22. 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. This License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE t f� By: 'I _ � _. By: Printi Name:SUZETTE COOKE Print Name: Brian Mecum Its: Ma or Its: Area Vice President Network Date: f'r Date: / rr` fi /r P:1CMITilex\Open EileA1 21-PclmmROWAoive icenxs%VcdwnWimless\Veriwn Liccn Rcnmal.Clark Springvdocx I I LIMITED ACCESS LICENSE--Page 8 (between City of Kent and Verizon Wireless) 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 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. so a , • ^ s p s NOTARY PUBLIC, in and for the State / a v _` of Washington, residing at � 5 Uzi S+''1tr 7-AS' F � — My appointment expires lot,, It,CFO\NP��`\ t. I i LIMITED ACCESS LICENSE--Page 9 (between City of Kent and Verizon Wireless) State of California ) ss. County of Orange ) On before me, LifuR jXrO, Notary Public, personally appeared Brian Mecum who Oroved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITH S� my nd and official seal. si nature of Notary Public RUTN L. CONCEPCION Commis ion #2070644 Notary Publm - California Orange Cotmty �I My Comm. Expires Jun 7, 2018,u', j Place Notary Seal Above LIMITED ACCESS LICENSE--Page 10 (between City of Kent and Verizon Wireless) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY EXHBIT A - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) EXi�TI A Verizon SEA Four Corners Access and Utility License Area Description A tract of land located is the south half of Scchon 26,Townsblp 22 North,Range 6 fist of the WiElamette MerkUa" King County,Washington,dc='bcd as follows: Commeamag at a found 2 h au:h brass disk with punch in a fancy post base at the Southwest corner of said Section 26,from wbicb a found Iced and tack in a 4 mch by 4 inch ao to post at the East Quarter c®er of add Section 26 bears North 00'25'54"East 264T40 feel: Thence alcug the West line of sand Section 26,North 00'pS'54"East 1350 15 fact to the mtecseetion of the southerly margm of SE Kcut-Kanglcy Road, Thence North 80'37'41"Past 449.79 fact along soafLedy margin of SE Kant-Kangiey Road to the True pomk of Beginning, Thrum South 47'45'39"West 28.75 fact; T'heace South 56'P4'42"West 11.20 fact; Thence South 01'32'05"West 41.77 fact; - Thmm South 06"22'38"Wart 12.10 fart; Thence Smilb 00°3 N'West I127 f=4 - Thence South 07'3634"Wiest 49,74fcat Throve,South South 080535PI West4529 tart; Thence South 06'12'02"West 39 79 fort; Throne South 06'04'51"Past 46.02 met Thence South 14119 43"East 4639 feet, Thence South 19'03'39"East 3731 feet; Thence,South 33"45'13"East 44.10 feet: - Moore,South 43'53'58"East 43 63 feet Thenca South 47033'48"East 55.62'feet Thence South 47046'43"Past 995 feet; Thanoe Sonfh 47'15'3T'Eest25.53 feet; . Thence South 47044'49"Best 13.00 feet; Thence South 48"54141"Past 2934 feet Thence South 5601175"Past 29.46 feet Thmoo South W1P31"East 108 43 fact; - Thence South48000'3V Bast 41.88 feet, Throw South 44015'W'Rad 56 19 fast, Thence South 43040'45"But 77,09 feet Theuce South 43'44'57"East 3432 feet Thence South 4VI3.03"But 20.92 feet Thecae South 64'08'IT'Bast 16,71 feet T7rmc,South 80'05'35"Bast 19.03 feat, TherecNorih 7003714T'Past 56 28 fret, Thence North 2l'10'48"Wcst 5.79 fact, Thence Suuth 62'3T21"West 31.1 l feet; Thence South 80°46'09"West 1 02 feet to sa existing Ponca Tine; Thence along caul fanec lira North 13°12'10"West 528 for% Thenca couthuring along said£tare Itee North 66°20'l0"West 8.71 feet', - 'Thence lowdag said fence North 80°46'09"Bast 7.10 feat; Thence North 62°32'21"Ent 29.40 feet Thcuce North 18'13'40"Fast 0 93 feok Thrace North 64°03'37" West 0.71 feat to an eZoling osllulu tampouucl, underneath a t awarn;sioa tower,being saved by this license; Tbeoca along said compound North 25'56'23"Past 16.00 feet; _ Thence South 64"03'37'East 10.82 fmt Tbcoce South 21010'48"Fad40.50 feet, Thence South 70'35'44"Weat 19.11 feet. Thence South 69'09'49"West 49 92 feat 7'hencc South 2904335"Past 26 87 fec% Tbeoae South 59'30'57"West 19.61 feet TbonooNortb 29°47'05"West 30 h8 feet, Thcaeo North 58025*30 West 55.15 feet, Thou=North 46'06'52"West 4493 feet Tbeme North 43°21'38"West 79 46 feat Thence North.45001'09"West 48.43 feet Thence North.46'38'55"West 40.09 feet; Thence North 56034'21"West 10440 feet Thence North 51'22'51"West 773D feet; Thence North 47'2533"West 65 59 reek Thence North 46'09'56"West 60S3'feet Thence North 39P24'59"West 2946 fact - Theaco North 31010'75"West 2595 fee% I TheooeNorth l853.28"West 66.03 feet, Tbenee North 10'54'53"West 45 68 feat Theacc North 03'09'19"West 3730 feet TheueeNotth 06053'07"East 95Z faek - Thence North 05°36'42"Brit 80Q ft<4 ThenocNarth 0240'25"Bad 44 79 Porno the eoulh margin of suid SSSEnt-Aaugley Road; Thaacc along said south margmNorth 80'37'41"East50 23 feet lo.the True Point of Bogmning; '.,... l ll Tc 1 • Y Y P @ O t §p^R'Eeffi}Kq H $ 911 GER4R�RQQkFQA�0.fIRRAAAGARd�App��R�PC§QRAQ�RA��NPFARRAVPAAAAEEEEAEP A�Ey3� 5 1 E6�° 3� 5a� � ��$4 9Nd�u g@P&2�E"E9 9 C�gi2�A[�iEenei5e2���f2�"J,�9v�ggW�a@" k 1 a� @B;€@§€3@4ai€43Es§asssQa"b&E E5€_s,@64€�€a€as&Es8€&€€Faa&a94�@9€9EEsysgr• ��A I E § @§@ey4o@°gEE4aEEE�@s5�a5':EF§eb',b§§§§885E'fi4n5yG@@ oyk@§E€�6e@EFiFE5:f;@�E�� 411 `5 _!"� - lod�aH�3E@ESE@EE7�a�33EaaJe�gd�E�E��aE�378@EEJ3E75daB@37�fia3�aE�E1 av¢g§B aNil � � s yt .9gp zN I °t•R pp A{pppp Qp�� gg (� a@ Ra� 6n6 k E46A N" NdAa A �`d N• �S &�@ssggsgEEel� a rssEg��9��a � ass � R@€ 2 . a9b•e Ea Mul @1 ,1 ° € E - R a..7aYgxd I II I I { I{ PT rl 6n v f�ga A A e g € � 9 959� .C�€�a@g9p�;� pt 6 &r§yE9 E:i ��CpG �b LFBZ1 ° 1 Ell = N` ' � p�-YtSA X14 S :ff v 3 € '� .❑ € Eat bFfi° 6� i a� FE 3 EAR � fi 1€ 1 ig 1 s �$Yk€F`s8ga p b S79 FOUROORN9i9 = oNsw'_ � � pit A� E aEg�� �ze�,i�ueam+ w'. w gtyErg�ess ����x� EXHIBIT B IMPROVEMENTS I EXHBIT B - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) I i EXHIBIT a x KEE t I� o Ap �11 ��E � rpt•� 'a _ ___ . __ — \f IMP p� �� �a��• N� 'EC�. G. 9�P�efSk�Xj fl>QQQI i� � �� II�Pi��p� �tl�l� l 12�t�[•5 III ' u j% �g\ @ 4r tt@ 5 6 •��5j ill mug G� d R Fill efl qi! o � • s��r+rrzHrome�,wn� wireless 6a� i I I it EXHIBIT ll�lflill' ij lit \\ rE� � .:- "•^• �q �a a :lY�-.._ .. rum FT µvr vv v ��:N q��g��A�sA /���C� cY��r�}" ,'k y�:•""•1:- •i 7� �•. $°F@y _ ;�� I \ y,�'.j 'him. .. �,•. � :y.i,'•'. r' e F a sFJ1 FouR coRWataONG rN E U u 8�� osluic arestcr+�r � `` F �= s.�zri7wrattmkasEwM '�- � Wheless d �=� E �m� EXHIBIT C INSURANCE REQUIREMENTS Insurance The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of City of Kent facilities. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 or its substantial equivalent and shall cover premises liability, contractual liability, products-completed operations liability, and independent contractors liability. The City shall be named as an additional insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following EXHBIT C - LIMITED ACCESS LICENSE I (between City of Kent and Verizon Wireless) i provisions for Commercial General Liability insurance: 1. The Lessee's insurance coverage shall be primary insurance with respect to the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance coverage shall be written on an Occurrence basis only. Claims made coverage is not acceptable. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Lessee shall furnish the City with original certificates and a copy of the additional insured endorsement, evidencing the insurance requirements of the Lessee. The City shall be named as an Additional Insured on the Amendatory Endorsement provided by the Insurer. F. Contractors Lessee agrees to ensure all Contractors, sub-Contractors, Consultants or other parties utilized by Lessee to perform work on City property are fully insured to the extent of coverage specified in this agreement. G. Waiver of Subrogation Lessee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. II. City's Property Insurance City shall purchase and maintain during the term of the lease, all-risk property insurance covering City of Kent property. EXHBIT C - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) AC RO O® DATE 03MId/2ot(YYl'V) u CERTIFICATE OF LIABILITY INSURANCE 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 n REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. n IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(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 'O NAME: Aon Risk Services Northeast, Inc. ONE (866) 283-7122 FA% (600) 363-0105 a New York NY Office (AfC.No.Ext); pIC.No.: 199 Water street New York NY 10038-3551 USA ADDRESS: 2 INSURER(S)AFFORDING COVERAGE NAIC# '.. INSURED INSURERA: National union Fire Ins c0 of Pittsburgh 19445 Veri Zon communications Inc. INSURER B: 1095 Avenue of the Americas New York NY 10036 USA INSURER G INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570056968165 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. Limits shown are as requested ILTR TYPE OFINSURANCE INSD WVD POLICY NUMBER M1iMIDOfff/Y MMIDDf/YYY LIMITS X COMMERCIAL GENERAL LIABILITY GL EACH OCCURRENCE $5,000,000 D HIED $5,000,000 CLAIMS-MADE ❑% OCCUR PREMISES Ea occurrence X Standard Contractual Liablity NED FXP(Any one person) $10,000 % I X,C,U Net I,rded PERSONAL&ADV INJURY $5,000,000 GEWL AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $5,000,000 X POLICY ❑PRO- ❑LOC PROOUCTS-COMP/OP AGG $5,000,000 ECT 0 OTHER: n A AUTOMOBILE LIABILITY CA 350-06-58 06/30/201406/30/2015 COMBINED SINGLE LIMIT $5,000,000 AOS Ea eaIrd.re A X ANYAUTO CA 350-06-59 06/30/201406/30/2015 BODILY INJURY(Par PerSan) 0 ALL OWNED SCHEDULED MA BODILY INJURY(Peracciden0 Y A AUTOS AUTOS cA 350-06-60 06/30/2014 06/30/2015 PROPERTYDAMAGC as HIRED AUTOS AUTOSNON-OWNED VA (Perereldent AUTOS N UMBRELLA UA9 OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION WORKERS COMPENSATION AND PER OTH- EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR I PARTNERI F ECUTIVE ❑ E.L.EACH ACCIDENT OFFICERIMEMBER E%cWoeot NIA(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,desaibs under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Named Insured includes: cellco Partnership dba Verizon wireless, 180 Washington Valley Road, Bedminster, New 3ersey 07921. 5-1 RE: Site Name: SEA 4 corners, Location code: 102484, contract No.: 79134, Site Address: 26800 Maple Valley Black Diamond Road SE, Maple Valley, WA 98038. city of Kent is included as Additional insured with respect to the General Liability policy. where permitted by law, the Named insured parties listed herein waive all rights against the certificate Holder and each Additional insured party listed herein for recovery of damages to the extent these damages are covered by the above-referenced General Liability and Automobile Liability policies, and, as further limited by Written contract between the parties. �A CERTIFICATE HOLDER CANCELLATION 4i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .yam EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE Attn: city clerk Fourth Avenue Ken �� /pna Kent WA 98 98403 USA %JL(JIO,RQ e./$F �•.a ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 726-69-32 COMMERCIAL GENERAL LIABILITY VERIZON COMMUNICATIONS INC. CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for"bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insureds) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement; or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage" occurring after: Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: GL 726-69-32 COMMERCIAL GENERAL LIABILITY VERIZON COMMUNICATIONS INC. CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO ADD AS AN ADDITIONAL INSURED ON YOUR POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 / DATE(MM)DDIYYYY) A�® CERTIFICATE OF PROPERTY INSURANCE 3/3/2015 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. If this certificate Is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTACT ADD N Aon Risk Services Northeast, Inc. PHONE L FAX FKA Aon Risk Services, Inc.of New York c o_ Exf A/C No M IL 199 Water Street ADDRESS: PRODUCER New York,NY 10038 CUSTOMER to, Fax (866)-467-7847 INSURER(S)AFFORDING COVERAGE NAIC It INSURED INSURER A:ACE American Insurance Company 22667 CELLCO PARTNERSHIP ribs VERIZON WIRELESS, INSURER e 180 WASHINGTON VALLEY ROAD, INSURER C_ BEDMINSTER,NJ 07921 INSURER D: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: 95234 REVISION NUMBER: LOCATION OF PREMISESI DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Site Name: SEA 4 Corners,Location Code: 102484 Contract No.79134,Site Address: 26800 Maple Valley Black Diamond Road SE,Maple Valley, WA 98038. 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MWDDMYY) DATE(MWDDIYYYY) A X PROPERTY GPAD37747919006 12/31/2014 12/31/2015 BUILDING $ CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $ BASIC BUILDING X BUSINESS INCOME $ Included BROAD EXTRAEXPENSE $ CONTENTS X SPECIAL RENTALVALUE $ X EARTHQUAKE BLANKET BUILDING $ X WINO BLANKET PEES PROP $ X FLOOD X BLANKETBLDGSPP $ 10000000 X Replacement $ Loss Payee $ INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ _ NAMED PERILS POLICY NUMBER $ . CRIME $ TYPE OF POLICY _ $ -- $ BOILERS MAC PINERY $ EQUIPMENT BREAKDOWN $ $ $ SPECIAL CONDITIONS I OTHER COVERAGES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) All Risk Property subject to policy terms,conditions and exclusions. Waiver of Subrogation applies to the Property policy as required by written contract. CERTIFICATE HOLDER CANCELLATION Verizon up to 30M City of Kent Attn: City Clerk SHOULD ANY THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue ACCORDANCE WITH THE POLICY PROVISIONS, Kent,WA 98403 AUTHORIZED REPRESENTATIVE Aon .Risk&r ikes Northeast, Inc © 1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24(2009109) The ACORD name and logo are registered marks of ACORD REQUEST FOR MAYOR'S SIGNATURE ® Please Fill in All Applicable Boxes KENT ' eviewed by Director Originator's Name: Cheryl Viseth Dept/Div. Operations - Water Extension: 5504 Date Sent: 2/18/2015 Date Required: 2/24/2015 Return to: Cheryl Viseth for Kevin Swinford CONTRACT TERMINATION DATE: 2/18/2019 VENDOR: Seattle SMSA Limited Partner- DATE OF COUNCIL APPROVAL: 2/17/2015 ship dba Verizon Wireless ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The City granted an access license to Verizon Wireless to cross a portion of the Clark Springs watershed. The license allowed Verizon Wireless limited access and a means to install the required utilities to an existing Bonneville Power Administration Tower for the purpose of establishing its telecommunications equipment. The City has agreed to issue a new access license to allow Verizon to continue to service and have access to its leasehold while ensuring the safety of the City's water supply. This new license will be granted for an initial 5 year term, with the option to renew for up to 3 additional 5 year terms. Verizon will pay an annual amount of $20,400.00, with an increase equal to 115% of the previous term for each permitted renewal term. All Contracts Must Be Routed Through The Law Department (Thiq amp,to be�,Q ppleted by the Law Department) s Received: ' Approval of Law Dept.: Law Dept. Comments. Date Forwarded to Mayor: �l Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition. » i ,{1r.wn t �- a ,f° Date Returned: ► CERTIFICATE OF PROPERTY INSURANCE °1213"1rzo15") 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. If this certificate is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER. CONTACT Aon Risk Services Northeast, Inc. PHONE FA, New York NY office Ce fNC No.Ext): (866) 283-7122 11C. No, (800) 363 0105 199 Water Street EWAIL New York NY 10038-3551 USA ADORE-SS PRODUCER 57000002736E CUSTOMER Id k:, G INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 �+ cellco Partnership INSURER B: dba veri zon wireless INSURER C r. 1095 Avenue of the Americas INSURER D: New York NY 10036 USA INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 570060833511 REVISION NUMBER: LOCATION OF PREMISES!DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,it more space is required) RE: site Name: SEA 4 Corners, Location Code: 102484 Contract No. 79134„ Site Address: 26800 Maple valley Black Diamond Road SE. Maple valley. urA 98038. 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, Ln EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. m m INSR TYPE OF INSURANCE POLICY NUMBER !POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS O LTR DATE(MM/DDlYYYY)DATE (MMIDDIYYYY) tty A GPAD3847 45 4 N/31,2015 12/31/2016 X PRd9PERTY BUILDING � r� CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY e1-} BASIC BUILDING BwfolExtraExp nse LY BROAD EXTRA EXPENSE uJ CONTENTS co X SPECIAL RENTAL VALUE -a BLANKET BUILDING EARTHQUAKE. ILf X BLANKET PERS PROP E.v 0,000,000 F- WIND BLANKET BLDG&PP FLOOD LL F- Blkt PP Ded of uJ Ck INLAND MARINE TYPE OF POLICY CAUSES OF LOSS POLICY NUMBER NAMED PERILS CRIME '.. TYPE OF POLICY BOILER&MACHINERY I EQUIPMENT BREAKDOWN SPECIAL CONDITIONS 1 OTHER COVERAGES(Attach ACORD 101.,Additional'.Remarks Schedule,if more space is required) All Risk Property subject to policy terms, conditions and exclusions. waiver of Subrogation applies to the Property policy as : required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DALE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ' POLICY PROVISIONS. --- City Of Kent r Attn: city clerk �.. 220 Fourth Avenue AUTHORIZED REPRESENTATIVE Kent WA 98403 USA O 1995-2009 ACORD CORPORATION.All rights reserved. ACORD 24(2009/09) The ACORD name and logo are registered marks of ACORD N ..0110- .