HomeMy WebLinkAboutPW15-281 - Original - T-Mobile USA, Inc. - Spring Brook Park Recovable Right-of-Way - 01/01/2015 i
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CONTRACT COVER SKEET Date
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: T Mobile USA
Vendor Number:
JD Edwards Number
Contract Number: PVV
This is assigned by City Clerk's Office
Project Name:( / IT hob I '���.:et, k
Description: ❑ Interlocal Agreement ❑ Change Order QAmendment qContract
M Other: 6)p redo: c:f bi-' P-(Xv 'abi � C�
Contract Effective Date: 17_ germination Date: f 7l q
Contract Renewal Notice (Days): .—
Number of days required notice for termination or renewal or amendment
Contract Manager: Chad Bieren Department: PW Administration
Contract Amount: `�,i 'b alck
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
,. 21r1q , N- ; I(O S , ('� 7�� aL Place
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As of: 08/27/14
` " �sc" Agenda Item: Consent Calendar - 7D
W.a$xtnGro++
TO: City Council
DATE: July 7, 2015
SUBJECT: Agreement with T-Mobile West LLC for Cell Site in the Right-of-Way -
Authorize
MOTION: Authorize the Mayor to sign two Right-of-Way Use License
Y 9 9 Y
Agreements with T-Mobile West LLC, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: T-Mobile is a private telecommunications company whose service area
includes the city of Kent. T-Mobile has requested that the City grant a permit for T-
Mobile to use City right-of-way to operate T-Mobile's telecommunications equipment.
In accordance with state law, cities may require telecommunications companies to
obtain a permit to operate within a city's right-of-way. This Right-of-Way Use License
Agreement constitutes a use permit and grants T-Mobile the right to operate within
Kent's right-of-way for five years, with an option to renew for one additional five-year
term. If T-Mobile needs to work on its facilities within the right-of-way, it will be
required to apply for permits and pay fees accordingly.
EX"IBITS: T-Mobile West LLC right-of-Way Use License Agreements:
1) Right-of-way adjacent to SE 219th Place & 116th Avenue SE, Kent
WA
2) Right-of-way adjacent to 10007 SE 200th Street, Kent, WA
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY:
BUDGET IMPACTS: The license fee for each site will generate revenue of $5,000 per
year. The cost will be increased annually by four percent (40/0) on each subsequent
anniversary of the commencement date of the license for each site.
REQUEST FOR MAYOR'S SIGNATURE
Print on Cherry-Colored Paper
y„YHinatT
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director,
Originator: Cheryl Viseth Phone Ori inator : 5504
Date Sent: 7.15,2015 Date Required: 7.27,2015
Return Signed Document to: Cheryl Viseth Contract Termination Date: 12/31/2019
VENDOR NAME: Date Finance Notified:
Ile, (Only required on contracts N/A
C 10 000 and over or on any Grant
DATE OF COUNCIL APPROVAL, Date Risk Manager Notified:
7/ /2015 (Required on Non-City Standard Con tr__acts/Agreements
Has this Document been Specifically Account Number:
Authorized in the Budget? O YES Q NO '-A(00 -Y;�
Brief Explanation of Document:
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AIL Contracts Must Be Routed Through The Law Department
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(This area to be completed by the Law Department) /rJ�,• - (�� t )r/n ail �
Received: p. ��i�--IIi..�r
Approval of Law De t.: a
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Law De t.' Cor I ments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
1 1.
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Recommendations and Comments:
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Disposition:
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Date Returned:
PJCWFamISNOwmanlPnmas9n91Request loMxyoI551gne ureT daLK — — -- _ _
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REVOCABLE RIGHT-OF-WAY USE LICENSE AGREEMENT
BETWEEN THE CITY OF KENT AND T-MOBILE WEST LLC
Right-of-way adjacent to 10007 SE 20W Street, Kent, Washington (location of
site).
RECITALS
A, T-Mobile West LLC, f/k/a VoiceStream PCS III Corp., constructed a
wireless facility in the right-of-way located adjacent to 10007 SE 2001" Street,
Kent, Washington in 2003, pursuant to a Right of Way Use Agreement entered into
with King County, The city of Kent annexed this portion of King County on July 1,
2010,
e. The parties hereto now wish to memorialize T-Mobile's continued
operation in the right-of-way, now under the jurisdiction of the city of Kent, based
upon the terms and conditions herein.
AGREEMENT
In consideration of the fees, covenants, conditions and agreements contained
In this License Agreement ('License") the CITY OF KENT, a Washington municipal
corporation (`City"), hereby grants to T-Mobile West LLC, a Delaware limited
liability company (`Licensee"), a revocable right-of-way use license to use and
occupy a portion of unvacated public right-of-way situated in the city of Kent, King
County, Washington, as generally depicted in Exhibit A, attached and Incorporated
by this reference ("License Area"), subject to the following terms and conditions:
1, License Area,
The License Area includes any and all improvements, fixtures, structures and
landscaping currently and lawfully located pursuant to the Right of Way Use
Agreement with King County; however, no new structures or Improvements shall
be placed within the License Area by Licensee, its employees, agents or
contractors, except such structures or improvements as are permitted or authorized
pursuant to Section 9,1 of this License or permits and approvals issued by the City,
and then only so long as all conditions of approval of such permits and approvals
are met and maintained. Any structure, improvement or other obstruction placed
within the License Area shall be so placed and maintained so as not to interfere
with the operation, repair, installation and maintenance of utility and underground
installations now existing or hereafter installed within the License Area by the City
or pursuant to City authorization to unrelated third parties.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1
T-Mobile ID: SE04637F, Shearer - Springbrook Park
(between the CIF y of Kent and T-Mobile)
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2. Use of License Area.
This License is granted to Licensee for the purpose of constructing,
maintaining, occupying, repairing, operating and removing wireless
telecommunications facilities ("Facilities") in the License Area, as described and
depicted in Exhibit A.
1 Term of License.
The initial term of this License shall be for five (5) years, commencing on
January 1, 2015 ("Commencement Date") and expiring on December 31, 2019 at
11;59 pm PDT, This License may be renewed for one (1) additional five (5) year
term upon the mutual written consent of the City and the Licensee.
4. Revocation; Termination.
The intent of this License is to authorize Licensee to operate Its
Facilities on the designated City right-of-way, which right-of-way constitutes a
valuable property interest owned by the City, This License does not grant an estate
in the land described as the License Area; 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 License Area.. As a License upon real property, it Is revocable at the sole and
absolute discretion of the City. However, prior to revocation by the City; the City
shall provide Licensee with at least one hundred (180) calendar days' written notice
of Its intended revocation ("Revocation Period"). Prior to the expiration of the
Revocation Period, Licensee shall remove all of its Facilities, and Licensee shall
restore the License Area pursuant to Section 6 below, If Licensee fails to remove
all or a portion of Its Facilities prior to the expiration of the Revocation Period, the
City may, after delivering thirty (30) days prior written notice to Licensee ("Final
Notice"), elect to remove all or part of the remaining Facilities, restore the Property,
and recover the costs of such removal and restoration from Licensee, Licensee
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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 Facilities after the expiration of the
Final Notice period. Licensee shall have the right to terminate this License on one
hundred eighty (180) days' prior written notice to City for any reason or no reason,
however, the provisions in Sections 6 and 12 below shall survive the revocation and
terminatlon of this License,
5, Fees to Administer the License.
a. During the term of this License, commencing on the Commencement
Date, Licensee shall pay to the City a license fee in the amount of FIVE THOUSAND
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 2
T-Mobile ID: SE04637F, Shearer- Springbrook Park
(between the City of Kent and T-Mobile)
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AND NO/100 DOLLARS ($5,000.00) per year, which shall be escalated annually by
four percent (4%) on each subsequent anniversary of the Commencement Date
("License Fee"). The License Fee shall be paid annually, in advance, beginning with
the Commencement Date of this License, provided however, that the first payment
of the License Fee may be paid by Licensee within sixty (60) days of Licensee's
receipt of a fully executed copy of this License without any penalty or interest.
b. Licensee shall pay City a late payment charge equal to five percent
(5%) of the unpaid amount for any License Fee or portion of License Fee not paid
within ten (10) business days of receiving written notice from City of a past due
License Fee, or portion thereof. Any amounts not paid when due shall bear interest
until paid at the rate of one percent (1%) per month,
6. Damage to Property and Restoration.
Licensee shall repair any damage to the License Area caused by its
installation, construction, operation, maintenance, removal, repair, reconstruction,
replacement, use, and Inspection of the Facilities in the License Area. Upon
revocation, termination or expiration of this License, Licensee shall restore the
License Area to its original condition prior to the Issuance of the King County Right
of Way Use Agreement, reasonable wear and tear and casualty beyond Licensee's
control excepted. Such restoration obligation shall survive the expiration of this
License.
7. Utilities Charges.
Licensee shall be liable for, and shall pay or cause to be paid before
delinquency thereof, throughout the term of this License, all charges for all utility
services furnished to Licensee for the uses permitted herein.
8. Taxes, Fees and Charges.
Licensee shall be liable for and pay within thirty (30) days of receiving notice
and supporting documentation for the following;
(a) All taxes imposed on or with respect to personal property and intangibles
located on or used by Licensee in connection with the License Area;
(b) All other rents, license fees, permit fees, inspection fees, authorization
fees or other charges which at any time may be assessed against or imposed
with respect to the occupancy, use or possession of, or activity conducted on,
the License Area by Licensee, Its assigns or subtenants, j
9. Construction of Facilities.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 3
T-Mobile ID; SE04637F, Shearer - Springbrook Park
(between the City of l<ent and T-Mobile)
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9,1 Commencement of Construction.
No Improvement, construction or material alteration shall be commenced
until plans for such work have been approved by City and all necessary permits
have been properly issued. Notwithstanding anything to the contrary herein,
Licensee shall be permitted to replace Its existing equipment with like-for-like
equipment within the License Area without prior City approval; provided, however
that Licensee has obtained all necessary permits and provides City with forty-eight
(48) hours written notice of the intended replacement.
9.2 Permits; Compliance With Codes,
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 Facilities. Licensee's failure to comply with this Section 9.2 shall constitute
grounds for immediate revocation by the City, The License Fee in Section 5 is in
addition to any fees required for applicable local, state and federal permits,
9.3 Ownership and Removal of Facilities.
During the term of this License, ali Facilities constructed by Licensee on the
License Area shall belong to and be the property of Licensee. Upon revocation,
expiration or earlier termination of this License, all Facilities constructed by
Licensee on the License Area shall be removed by Licensee at Licensee's sole
expense pursuant to Section 4 above and Licensee shall restore the License Area
pursuant to Section 6 above. Such restoration obligation shall survive the
expiration of this License.
10, Site Plan.
Attached hereto as Exhibit A is Licensee's site plan which depicts the location
of Licensee's equipment• in the License Area, Within sixty (60) days of execution of
this License, 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 Facilities 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-bulits provided to
the City. Licensee shall provide the City with updated record drawings and maps
upon request.
REVOCABLE RIGHT-OF-WAY USE LICENSE -- Page 4
T-Mobile ID; SE04637F, Shearer - Springbrook Park
(between the City of Kent and T-Mobile)
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11. Relocation of Facilities.
Whenever the City causes the grading or widening of the right-of-way in
which the License Area is located or undertakes construction of any water, sewer or
storm drainage line, lighting, signalization, sidewalk improvement, pedestrian
amenities, or other Improvement and such project requires the relocation of
Licensee's then-existing Facilities within the License Area, the City shall:
(a) Provide Licensee, at least ninety (90) days prior to the commencement
of such project, written notice that a project Is expected to require
relocation; and
(b) Provide Licensee with reasonable plans and specifications for such
project.
After receipt of such notice and such plans and specifications, Licensee shall
relocate such Facilities within the right-of-way at no charge to the City so as to
accommodate the project. The City shall cooperate with Licensee to designate a
substitute location for its Facilities as near as practicable to the existing License
Area. City will establish a date by which Facilities must be relocated, which date
will be not less than sixty (60) days after Licensee's receipt of written notice as to
the Facility to be relocated. Licensee must finish relocation of each such Facility by
the date so established. If Licensee fails to relocate its Facilities as required under
this License, City may revoke and terminate this License upon delivering written
notice to Licensee. During any such relocation period, Licensee shall be permitted
to maintain temporary antenna facilities, Including cell-on-wheels ("COW") and an
alternate power source within the right-of-way, at no charge to the City.
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 or willful misconduct 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.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 5
T-Mobile ID, SE04637F, Shearer - Springbrook Park
(between the City of Kent and T-Mobile)
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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
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 The provisions of this Section 12 shall survive the expiration or
termination of this License.
13. Insurance,
Licensee shall obtain at its sole expense, commercial liability Insurance in the
amount of $1,000,000, and shall provide the City with satisfactory proof of the
continued insurance coverage during the term of this License, or any renewal or
extension thereof. Such insurance shall include the City as an additional insured,
14. Bond,
Licensee shall provide City with a bond in the amount of Two Hundred
Thousand Dollars ($200,000.00) ("Bond") running or renewable for the term of this
License, in a form and substance reasonably acceptable to City, In the event
Licensee falls to substantially comply with any one or more of the provisions of this
License, following written notice and a reasonable opportunity to cure, then there
shall be recovered jointly and severally from Licensee and the bond any actual
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties, and
the cost of removal or abandonment of Facilities and repair of the License Area by
the City, Licensee agrees to replenish the Bond within fourteen (14) days after
written notice from the City that there Is a deficiency In the amount of the Bond.
The amount of the Bond shall not be construed to limit Licensee's liability or to limit
the City's recourse to any remedy to which the City is otherwise entitled at law or in
equity. All bonds provided to the City under this Section 14 shall be with sureties
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 6
T-Mobile ID: SE04637F, Shearer- Springbrook Park
(between the City of Kent and T-Mobile)
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registered with the Washington State Insurance Commissioner or other financial
Institutions acceptable to the City.
15. Maintenance and Repair.
Licensee shall, at its sole cost and expense, and throughout the term of this
License, keep the License Area and its Facilities in good condition and in a good and
safe state of maintenance and repair.
16. Regulation of Use and Control.
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This License does not deprive City of any power, rights, or privileges it now
has or may later acquire in the future to regulate the use of and to control City road
right-of-Way covered by this License.
17, Enforcement.
Failure of City, on one or more occasions, to exercise a right or to require
compliance or performance under this License or any applicable law shall not be
deemed to constitute a waiver of such right or a waiver of the compliance or
performance, unless such right has been specifically waived In writing by City.
Failure of City to enforce or exercise its rights under any provision of this License or
applicable law does not constitute a waiver of its rights to enforce or exercise a
right in any other provision of this License or applicable law, j
18. Road Vacation.
18.1 City reserves the right to vacate, In accordance with applicable laws,
City road right-of-way covered by this License. City shall endeavor to give Licensee
written notice of its intent to vacate the right-of-way subject to this License as soon
as possible.
18,2 If City road right-of-way or portion thereof used by the Licensee is
vacated by City during the term of this License, this License shall terminate with
respect to said vacated right-of-way as of the effective date of such vacation,
Continued use by the Licensee of the vacated road right-of-way or portion thereof
thereafter shall be a matter of negotiation between the Licensee and the owner of
such vacated right-of-way or portion there,
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18.3 If at any time City vacates any City road right-of-way covered by this
License, City shall not be liable for any damages or loss to the Licensee by reason
of such vacation, except, that City shall refund pro rata the License Fee that the
Licensee paid to City for the Licensee's Facility in the vacated right-of-way for the
year In which the vacation occurs.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7
T-Moblle ID: SE04637F, Shearer - Springbrool< Parl<
(between the City of Kent and T-Moblle)
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19. Modification.
This License may not be modified, altered, or amended unless first approved
in writing by both the City and Licensee,
20. 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, except that
Licensee may, upon written notice to City, assign or transfer its rights arising under
this License to any corporation, partnership or other entity which (1) is controlled
by, controlling or under common control with Licensee, (ii) shall merge or
consolidate with or into Licensee, (Ili) shall succeed to all or substantially all the
assets, property and business of Licensee, or (Iv) is an affiliate or subsidiary or
other party as may be required In connection with any offering, merger, acquisition,
recognized security exchange or financing,
21, Attorney Fees,
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.
22. Compliance with Laws.
Licensee shall comply with all federal, state and municipal laws, rules and
regulations that are now or that may become applicable to this License,
23, Notices.
All notices and payments hereunder may be delivered, mailed in the U.S.
mail, certified and postage paid, or sent by next-business day delivery via
nationally recognized overnight courier to the following respective addresses or to
such other respective addresses as either party may hereafter designate in writing:
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To the City: City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attention: Public Works Director
To Licensee: T-Mobile USA, Inc.
12920 SE 381h Street
Bellevue, WA 98006
Attention: Lease Compliance/SE04637F
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 8
T-Mobile ID; SE04637F, Shearer- Springbrook Pan(
(between the Clty of Kent and T-Mobile)
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24. Emergency.
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In the event of any bona fide emergency in which any portion of the Facilities
breaks, becomes damaged, or In any other way becomes an immediate danger to
the property, life, health or safety of any individual or the public in general,
Licensee shall, upon receipt of written notice from the City, 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, the
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 five (5) successive business days,
25. Facility Location Service.
The Licensee shall subscribe to the One Call utility locator service.
26. Miscellaneous.
a, This License shall be construed in accordance with the laws of
the State of Washington, Venue and jurisdiction of any lawsuit arising out of the
performance or obligations of this License shall be in the King County Superior
Court, Kent Regional Justice Center, Kent, Washington.
b. If any term of this License is found to be void or invalid, such
invalidity shall not affect the remaining terms of thls License, which shall continue
in full force and effect.
C. This License contains the entire agreement between the parties
with respect to the License Area and, in executing It, the City and Licensee do not
rely upon any statement, promise, or representation, whether oral or written, not
expressed in this License, Any acts occurring between the Commencement Date
and execution of this License, and consistent with the terms and conditions
contained herein, are hereby ratified. This License shall be effective upon the last
day executed below.
d. Each person executing this License warrants that he or she has
the requisite authority to bind the party for whom that person is executing.
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IN WITNESS WHEREOF, the parties hereto have signed this License as of the
day of 2015.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 9
T-Mobile 10: SE04637F, Shearer - Springbrook Park
(between the Clty of Kent and T-Mobile)
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CITY OF KENT LICENSEE
T-Mobile West LLC
A Delaware limited liability company
By \ 'G C �r By. t � '-
Print NN6` : 5 zette Cooke Print Name: Philip Hankins
Its: Ma r r Its: Sr. Director.
Dateyr'` _ Engineering & Operations
Date:
-Mubile 1.09al Apploval BY:
l` I ,i ,,- 5/12115
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10
T-Mobile ID: SE04637F, Shearer - Springbrook Park
(between the City of Kent and T-Mobile)
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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.
Dated: �` ?f
-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.
IN
014# �'ss '; (Signat e) �-
=" - • - NOTARY PUBLIC, In and for the State
��A% A6®eaa ® of Washington, residingX.
,aK .
V Tj ''e, t1`B"1g�'"�� My appointment expires
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P,lQvdlfileSlOpcn F:es\0911-Tekm1R04'fANveL¢mus\TMCCCe\RaYwabt RO'N Merase far Cellsites- lean.I�J4-15.dou
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 11
T-Mobile ID; SE04637F, Shearer - Spriogbrook Park
(between the City of Kent and T-Mobile)
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
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I certify that I know or have satisfactory evidence that Philip Hankins 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 Sr. Director, Engineering & Operations of T-
Mobile West LLC, a Delaware limited liability company to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.r/
Dated: ( /a l i
-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.
,\8N�g61GLAlr'iN�y
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EXPIRES = (Signature)
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NOTARY PUBLIC, in and for the State
p...... of Washington, residing at 3547 jMA )4,All
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��iil, My appointment expires s � uvA
ill
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 12
T-Mobile ID: SE04637F, Shearer - Springbrook Park
(between the City of Kent and T-Mobile)
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Exhibit A
License Area and Site Plan
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Oa EENA Md PLAN
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 13
T-Mobile ID: SE04637F, Shearer - Springbrook Park
(between the Clty of Kent and T-Moblle)
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PERFORMANCE BOND
Bond Number: 82395576
Site Number: SE04637F
KNOW ALL BY THESE PRESENTS, That we T-Mobile West LLC, 12920 SE 38t"
Street, Bellevue. WA 98006, as Principal, hereinafter called Principal, and Federal
Insurance Company, 15 Mountain View Road, Warren, NJ 07059, an Indiana
corporation, as Surety, hereinafter called Surety, are held and firmly bound unto City
of Kent, 220 Fourth Ave. South, Kent, WA 98032, as Obligee, hereinafter called
Obligee, in the amount of Two Hundred Thousand and No/100 Dollars ($200.000.00)
for the payment of which sum, well and truly to be made, the said Principal and
Surety bind themselves, and their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a Revocable Right-of-Way Use License
Agreement between the City of Kent and T-Mobile West LLC dated August 7, 2015
for the telecommunication facility located at 10007 SE 200t" Street, Kent.
Washington, which License Agreement is by reference made a part hereof, and
WHEREAS, as a condition of said License Agreement requires Principal to provide a
Bond guaranteeing the compliance with the provisions of the License Agreement,
including but not limited to the cost of removal of Facilities and repair of the License
Area at said location.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
That if Principal shall comply with the provisions in accordance with said Revocable
Right-of-Way Use License Agreement between the City of Kent and T-Mobile West
LLC, so long as this License Agreement remains in effect, including any extensions
thereto, then this obligation is void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, That:
1. It shall be a condition precedent to any right of recovery hereunder, that in
event of any default on the part of the Principal, a written statement of the
particular facts of such default shall be forwarded by the Obligee to the
Surety, within sixty (60) days of the occurrence of such default, delivered by
registered mail to Surety at its Home Office located at: 15 Mountain View
Road, Warren, NJ 07059.
2. That no action, lawsuit or proceeding shall be had or maintained against the
Surety on this Bond unless the same be filed and properly served upon the
Surety within one year from the effective date of the cancellation of the Bond.
3. That no right of action shall accrue under this Bond to or for the use of a
person or entity other than the Obligee, and its successors and assigns.
4. This Bond shall become effective August 27, 2015.
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5. This Bond shall continue in full force and effect until canceled by the Surety
by providing thirty (30) days written notice to the Obligee.
6. The liability of the Surety shall in no event exceed the aggregate penal sum of
the Bond penalty.
7. If any conflict or inconsistency exists between the Surety's obligation or
undertakings as described in the Bond and as described in the underlying
document, then the terms of the Bond shall prevail.
IN WITNESS WHEREOF, The said Principal and Surety have signed and sealed
this instrument on this 27th day of August, 2015.
T-Mobile West LLC
Principal
Pamela J. Cook
Director, Technology Property Management
Federal Insurance Company
Surety,
t
Laura M. Buhrmester, Attorney-in-Fact
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Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
atiul�
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation do each hereby constitute and
appoint Christy M, Braila, Laura M. Buhrmester,Jeffrey C.Carey, Wendy A.Casey, Mary T. Flanigan,TahiI M. Fry, C. Stephens Griggs
Rebecca S.Gross Charities D.Lecuyer, Rebecca A.Li ey, Patrick T, Pribyl, Debra J.Scarborough, Evan D.Sizemore, Larissa Smith anti
Charles R.Teter Ill of Kansas City,Missouri.............._...................................................................----.................................
each as their true and lawful Attorney.in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any
instruments amending or altering the same,and consents to the modification or alteration of any Instrument referred to in said bonds of obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPOY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 15 day of February, 2015.
Dawn M.Chloros,Assistant Secretary Id 8.Noms,Jr.,Vice P ent
STATE OF NEW JERSEY
as.
County of Somerset
On this 15un day of February, 2015 before me,a Notary Public of New Jersey,personalty came Dawn M.Cli to me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the
said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attomey are such corporate seals
and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority,
and that she is acquainted with David B. Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David S.Noms,Jr.,subscribed to said
Power of Attorney Is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By-Laws and In deponent'&presence.
Notarial Seal j
F KATHERINE J.ADELAAR
pOTARY NOTARY PUBLIC OF NEW JERSEY
��+ a No.2316685
PUBLO Commission Expires July 16,2019 Notary Public
y JEAg CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
'AIL powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the
President or a Vice President or an Assistant Vice President,Jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman.President,any Vice President,any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
cerUAcate relating thereto appointing Assistant Secretaries or Attorneys-In.Fact for purposes only of execuling and attesting bonds and undertakings and other
writings obligatory In the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it Is attached.'
I,Daum M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies')
do hereby certify that
(1) the foregoing extract of the By-taws of the Companies is true and correct,
(II) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto
Rico,and each of the Provinces of Canada except Prince Edward Island;and
(111) the foregoing Power of Attorney Is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this Aug ust 27, 2015.
� 0 ON)
Dawn M.Chloros,Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS
LISTED ABOVE OR BY Telephone 906 903-3493 Fax 906 903-3656 email: sure tlnhb.wrn
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FonlS-10.0225E-U GENCONSENTtrev,12-14)
AcoR®® CERTIFICATE OF LIABILITY INSURANCE °7/31/'°°"Y""'
L./ 5/t/2016 /31/2015
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.
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 LDckton Companies CONTACT
Three City Place Drive,Suite 900 PHONE - FAX
o Ext: AIC No:
St.Louis MO 63141-7081 EMAIL "--
(314)432-0500 ADDRESS:
__ INSURER(S)AFFORDING COVERAGE NAICp
INSURER A:XL Insurance funerica,Inc 24554
INSURED T-Mobile LIS,IOC INSURER BI GreenW1C11 Insurance Company_. 22322
1358772 its Subsidiaries andAf6liates INSURER C:National Union Fire Ins Co Pittsburgh PA 19445
12920 SE 38th Street INSURER D:
Bellevue WA 98006 -- -- - -- -- -
INSURER E -
NSURERF:
COVERAGES TMOBI CERTIFICATE NUMBER: 13601343 REVISION NUMBER: XXXXXXX
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.
IN
NTSR R TYPE OF INSURANCE ADDLSUOR POLICY EFF POLICY EXP - --
INSD MD POLICY NUM ER MMIDD/YYYY MMIDD I LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000
A X Y N RGU5000259-04 $/I/2015 5/1/2016 DAMAGE TO RENTED
CLAIMS-MADE1XI OCCUR PREMISES Fa occurrence _ $ 1,000,000
MED EXP(Any one person) it 5000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _$ 2,000,000
- POLICY E jE nLOC PRODUCTS-COMP/OPAGG $ 2000000 -
OTHER: $
n AUTOMOBILE LIABILITY N N RAD500025704 5/t/2015 5/1/2016 COMBINED SINGLE LIMN I $
Ea accident 2000,000
X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS XXXXXXX
HIRED AUTOS NON-OWNED PROPERTY DAMAGE
AUTOS per accident $ XXXXXXX
sXXXXXXX
C X UMBRELLA LIAR X OCCUR N N 19961923 5/l/2015 5/1/2016 EACH OCCURRENCE $ 5000000
C EXCESS HAS CLAIMS-MADE SIR applies per policy AGGREGATE $ 5,000,000
C tens&conditions --.
DED X RETENTION$ 25,000 $XXXXXXX.
WORKERS COMPENSATION RI Ni PEH OTH-
A AND EMPLOYERS`LIABILITY RWD500030t-03 AOS 5/1/2015 5/1/2016 X STATUTE FF2
AANY PROPRIETOR/PARTNEEXECUTIVE YIN RWR5000302-03WI 5/l/2015 5/l/2016 E.L.EACH ACCIDENT $ 1,000000
OFFICERIer
(Mandatory
OFribe OPERATIONS helm, N/A E.L.DISEASE-POLICY LIMIT $ 1,000,000
( rY ) E.L.DISEASE-EA EMPLOYEE $ 1000000
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD lot,Additional Remarks Schedule,maybe attached if more space Is required)
The Certificate Hotdcr and other entities delined meadditlooal insureds on a primary and non-contributory basis under general liability and are additional insured under automobile
liability as required by written contract.Waiver of Subrogation applies under general liability and automobile liability as required by written contract.**See Attached
Endorsemeola"* 8k04637R/Shearer-Springbrook Park/ROW adjacent to 10007 SE 200th Street,Kent,WA SE04099F/Garrison Creakl ROW adjacent to 10702 SE 224th Phee,
Kent,WA SE05316B/Emerald PATO ROWadjacent to SE 219drPlace RR 116th Avenue SE,Kent,WA
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CERTIFICATE HOLDER CANCELLATION See Attachments
13601343
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attri:Public Works Director THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 Fourth Avenue SouthACCORDANCE WITH THE POLICY PROVISIONS.
Kent WA 98032
AUTHORIZED REPRESENTATI
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@ 198832MTACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
ENDORSEMENT#023
This endorsement, effective 12:01 a.m., May 1, 2015 forms a part of
Policy No. RGD5000259-04 issued to T-MOBILE US, INC.
by Greenwich Insurance Company
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
WASHINGTON -CANCELLATION NOTIFICATION
TO OTHERS ENDORSEMENT
In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of
premium, advanced written notice will be mailed or delivered to person(s)or entity(ies) according to the
notification schedule shown below:
Number of Days
Name of Person(s)or Entity(ies): Mailing Address: Advanced Notice of
Cancellation:
Per the most current schedule
Of Certificate Holders maintained by 30
Lockton Companies and furnished to
XL Insurance on a monthly basis
In the event of cancellation for nonpayment of premium, ten (10)days notice will be given.
All other terms and conditions of the Policy remain unchanged.
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IXI 405-WA 1210
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Miscellaneous Attaclunent:M481510
Master ID: 1358772, Certificate ID: 13601343
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ENDORSEMENT#004
This endorsement, effective 12:01 a.m., May 1, 2015 forms a part of
Policy No. RAD5000257-04 issued to T-MOBILE US, INC.
by Greenwich Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
WASHINGTON -CANCELLATION NOTIFICATION
TO OTHERS ENDORSEMENT
In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of
premium, advanced written notice will be mailed or delivered to person(s) or entity(s)according to the
notification schedule shown below:
Number of Days
Name of Persons) or Entity Number
: Mailing Address: Advanced Notice of
Cancellation:
Per the most current schedule
Of Certificate Holders maintained by 30
Lockton Companies and furnished to
XL Insurance on a monthly basis
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In the event of cancellation for nonpayment of premium, ten (10) days notice will be given.
All other terms and conditions of the Policy remain unchanged.
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IXI 405-WA 1210
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Miscellaneous Attachment:M481533
Master ID: 1358772,Certificate ID: 13601343
Gary Abrahams
PO Box 2006
Bellevue,WA 98009
206-349-4279 Gary@Gmanetworkservices.com
VIA FEDEX
September 2, 2015
City of Kent-Engineering
Attention: Kristin Lykken
220-41h Avenue South
Kent, WA 98032
RE T-Mobile agreements
SE0499,SE05316, SE04637
Bonds per the agreement
Hi Kristin,
Please find attached three (3) original Performance Bonds for the three (3) agreements that T-Mobile
has been working on with the City of Kent:
SE04637F at 10007 SE 200"Street, Kent
SE05316B at SE 219th Place& 116`h Avenue SE, Kent
SE04099F at 10702 SE 2241h Place Kent
Please let me know when the agreements have been fully executed by the City.
Thanks,
Gary Abrahams
For T-Mobile USA
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