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HomeMy WebLinkAboutPW15-282 - Original - T-Mobile West LLC fka VoiceStream PCS - Garrison Park Revocable Right-of-Way - 01/01/2015 i t !,mot,. j � . I t K1E S ., Documenf Wp9HINOTON F 4 SCANNED 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. I Vendor Name: T Mobile USA Vendor Number: JD Edwards Number t'Contract Number: W IC5— This is assigned by City Clerk's Office F Project Name:( a II'Sbde � V�fi��,ct ��.. ��� Q " L'ic-f 2. `re-e,01Q,,J J Description: ❑ Interlocal Agreement ❑ Change Order QAmendment Q Contract ® Other: ' hl o b3 j` r °, ' J){ P 'f�� 7,, Contract Effective Date: ermination Date: 1 -3 d-2,01 ql Contract Renewal Notice (Days): _« Number of days required notice for termination or renewal or amendment Contract Manager: Chad Bieren Department: PW Administration (- Contract Amount: 101(X00 -al( Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 I i Agenda Item: Consent Calendar — 7D 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 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. EXHIBITS: 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 200`h 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 (4%) on each subsequent anniversary of the commencement date of the license for each site. REQUEST FOR MAYOR'S SIGNATURE print on Cherry-Colored paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director K.+7C17'tS Originator: Cheryl Viseth Phone (Originator): 5504 Clira 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: �� (Only required on contracts N/A 10 000 and over or on an Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: 7/ /2015 (Required on Non-City Standard Contracts/Agreements Has this Document been Specifically Account Number: Authorized in the Budget? 0 YES (@ NO LA100 75c)c " FExxplanation of Document: 5e �.�y�.� PjcC( sly All Contracts Must Be Flouted Through The .Caw Department rf'f (This area to be completed by the Law Department) Received: itN z �r f 0( 4 Approval of Law Dept.: /11 Law De t: C l � - p o nments': Date Forwarded to Mayor. Shaded Areas To Be Completed By Administration Staff Received; Recommendations and Comments: Disposition: c� F71411 %L C` i i ppp , k t tit( i f ,V Date Returned: 7707rera,mswcc ;eniN,o«ssmg�acqua I , REVOCABLE RIGHT-OF-WAY USE LICENSE AGREEMENT BETWEEN THE CITY OF KENT AND T-MOBILE WEST LLC Right-of-way adjacent to 10702 SE 224`h Place, Kent Washington (location of site). RECITALS A. T-Mobile West LLC, f/k/a VoiceStream PCS, constructed a wireless facility in the right-of-way located adjacent to 10702 SE 2241h Place, Kent, Washington in 2002, 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. B. 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. i REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1 T-Mobile ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) 2. Use of License Area. I 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. 3. 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. i 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 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 termination 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 AND NO/100 DOLLARS ($5,000.00) per year, which shall be escalated annually by REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 2 T-Mobile ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) i 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. 9. Construction of Facilities. I 9.1 Commencement of Construction. REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 3 T-Mobile ID: SE04099f; Garrison Creek (between the City of Kent and T-Mobile) 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, all 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 j 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 j warrants the accuracy of all record drawings and maps and as-builts provided to the City. Licensee shall provide the City with updated record drawings and maps upon request. REVOCABLE RIGHT-OF-WRY USE LICENSE — Page 4 T-Mobile ID; SE04099F, Garrison Creek (between the City of Kent and T-Mobile) 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 casts, 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: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) i 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 fails 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; SE04099F, Garrison Creek (between the City of Kent and T-Mobile) 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 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. 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, 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, i REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7 T-Mobile ID: SE0409917, Garrison Creek (between the City of Kent and T-Mobile) 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 (i) is controlled by, controlling or under common control with Licensee, (ii) shall merge or consolidate with or into Licensee, (ill) 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: i 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 38t' Street Bellevue, WA 98006 Attention: Lease Compliance/SE04099F REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 8 T-Mobile ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) i 24. Emergency, 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 this 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. 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 ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) f I CITY OF KENT LICENSEE T-Mobile West LC, a Dela ar lirdlteq Hal i i company 1 j f ! By ? gy f PirSE ,ar : Suzette Cooke Print a : is Noceto Tts:_Maer Its: P Area Director, Engineering & `- Operdti$ns Date; Date: .. . ... i-Mobue Legai kpnro a 2/12/1t5 Melanie Kiely `r l ' i REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10 T-Mobile ID., SE04099F, Garrison Creek (between the City of Kent and T-Mobile) i 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: -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. f OtAEIe 4� s o r r `�s a (Sign ure) O d NOTARY PUBLIC, in and for the State NA''4, y,ag.'+���y of Washington, residing /i/� yAF''nu ,.••0� My appointment expires +i'i®111�PA°'® P:NCOMleAppen Ries\0421-TelcomROWAcEVeUCeuses\T-Wblle\Revocable ROW License for Cell Sites-Clean.1-14-IS.docx REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 11 T-Mobile ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jay Noceto 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 PNW Area 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. Dated: ip""&- )1 -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. ®�S��®�maoeaUlip#p ill a igna t}at m �p P iGOTA( Y UBLIC, in and for the State of Washington, residing at r `t My appointment expires 11 1 REVOCABLE RIGHT-OF-WAY USE LICENSE — Page 12 T-Mobile ID: SE04099F, Garrison Creek (between the City of Kent and T-Mobile) Exhibit A License Area and Site Plan lu `µ IF �- V ,� L0T4�-; fi, / JJ i i OVERALL SITE PLAN _ _ l REVOCABLE RIGHT-Of-WAY USE LICENSE - Page 13 T-Mobile ID; SE04099F, Garrison Creek (between the City of Kent and T-Mobile) I PERFORMANCE BOND Bond Number: 82395574 Site Number: SE04099F KNOW ALL BY THESE PRESENTS, That we T-Mobile West LLC, 12920 SE 38" 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 CC 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 10702 SE 224" Place, 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. 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 I Cook r_ Director, Technology Property Management Federal Insurance Company _ Surety- 4 , 1 By, utv� tVVk- Laura M. Buhrmester, Attorney-in-Fact �I� icChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 arHuas 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, Braile, Laura M. Buhrmester,Jeffrey C.Carey, Wendy A. Casey, Mary T.Flanigan,TahitIs M. Fry, C. Stephens Griggs Rebecca S.Gross Charissa D.Lecuyer,Rebecca A.Li ey, Patrick T. Pri yl, Debra J.Scarborough, Evan D.Sizemore,Larissa Smith and Charles R.Teter III of Kansas City,MMissouri..............—............................................ .......................-..-....--...-.............-.. .._. each as their true and lawful Attomey-in-Fact to execute under such deslgnason 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 or 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 dayof February, 2015. Dawn M.Chloros,Assistant Secretary y d S.Norris,Jr.,Vice P i ant STATE OF NEW JERSEY ss. County of Somerset On this 151b day of February, 2015 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,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 swom, 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 Attorney 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 S.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to sold Power of Attomey is In the geoulne handwnling of David a Norris,Jr.,and was thereto subscribed by authority of said By-Laws and In deponent's presence. Notarial Seal J. I 4 F KAT ELAAR PUBLIC O NOTARY� NOTARY PUBLIC OF NEW JERSEY 51 �1� x No.2316em ;�k PUBLS�l Commission Expires July 16,2019 Notary Public y�Jf Fs� CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All 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 Vita President or an Assistant Vice President,jointly win 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 or the following officers:Chairman.President,any Vice President,any Assistant Moe President,any Secretary, any Assistant Secretary and the seat of the Company may be affixed by facsimile to any power of attorney or to any certlgcale relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof,and any such power of attorney or certificate bearing such facslmila signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimlle 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,Dam M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies') do hereby certify that (I) the foregoing extract of the BY-Laws of the Companies is true and Correct, (III the Companies are duly licensed and authorized to transact surety business in all 50 or the United Slates of America and the District of Columbia and are authorized by the U.S.Treasury DepartmBfA 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 (III) the foregoing Power of Attorney is true,corract and in full force and effect Given under my hand and seule of said Companies at Warren,NJ this August 27, 2015. 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 LIST DABOVE ORBY Tale h ne 906)903-3493 Fux 908 903-3056 email: wretyftchubb.corn Forth 15.10-02266-U GEN CONSENT(rev,12-14) A H® Lo CERTIFICATE OF LIABILITY INSURANCE DATE NIMUDD1YYYY) 4.� 5/1/2016 7/31/2015 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). ACT PRODUCER Lockton Companies NAME: Three City Place Drive,Suite 900 PHONE FAX C. E.ty. NC No: St.Louis MO 63141-7081 EMAIL -" (314)432-0500 ADDRESS: _ INSURER(S)AFFORDING COVERAGE _ HAD fl INSURER A:XL Insurance America Inc. 24554 INSURED T-Mobile US,Inc, INSURE RB:Greenwich Insurance Company _ 22322 1358772 Its Subsidiaries and Affiliates INSURER C:National Union Fire Ins Co Pittsburgh PA 19445 12920 SE 38th Street INSURER D: Bellevue WA 98006 INSURER E: ' INSURER F: 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. INSR - - ADDL SUER POLICY EFF POLICY EXP - - - LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYy LIMITS B X COMMERCIAL GENERAL LIABILITY Y N RCD5000259-04 5/1/2015 5/1/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE DAMAGE TO RENTED OCCUR PREMIBEE Ea.ccurtmce It 1,000,000 MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY S l 000,000 GE_N'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2000000 POLICY JECT LOC PRODUCTS-COMPIOP AGG $ 2,000,000 u OTHER: $ B AUTOMOBILE LIABILITY N N RAD500025704 5/1/2015 5/1/2016 COMBINED SINGLE LIMIT Be $ COMBINED 2,000,000 X ANY AUTO BODILY INJURY(Par parson) $ XXXXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ XXXXXXX HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ X��� _ $ RXXXXit3I � C X UMBRELLA LIAB X OCCUR N N 19961923 5/10015 5/10016 EACH OCCURRENCE $ 5,000 000 EXCESS LIAB SIR applies per policy C _ _ - CLAIMS-MADE ternl5 k' conditions AGGREGATE $ 5,000,000 DED XI RETENTION$ 25,000 $ XXXXXXx WORKERS COMPENSATION A AND EMPLOYERS'LIABILITY N RWD5000301,_03 AOS 5/1/2015 5/1/2016 X STATUTE ERH A ANY PROPRIETOWPARTNEWEXECUTIVE YIN RWR5000302-03WI 5/1/2015 5/112016 E.L.EACH ACCIDENT $ 1000000 OFFICEWMEMBER EXCLUpEp7 N❑ NIA (Mandatory In NH) E.L.DISEASE-G EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additlonal Remarks Schedule,may be attached if more space is required) The Certificate Holdcr and other entities defined are additionat insureds ono primary and non-contributory'basis ender general liability and are additional insured under automobile liability as required by written conhact.Waiver of Subrogation applies under general liability and automobile liability as required by written contract.**See Attached Endorsements** SE04637F'/Shearer-Springbrook Park/ROW adjacent to 10007 SE 200th Street,Kent,WA SE04099F/Garrison Creek/ROW adjacent to 10702 SE 224th Place, Kent,WA SE053 t6B/Emerald PAW ROW adjacent to SE 219th Place&116th Avenue SE,Kent,WA CERTIFICATE HOLDER CANCELLATION See Attachments 13601343 City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Public Works Director THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 AUTHORIZED REPRESENTATI j ©1988-2 CORD CORPORATION. All rights reserved. ACORD 25(2014101) 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 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 j 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 i 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. I i IXI 405-WA 1210 I i Miscellaneous Attachment:M481510 Master ID: 1358772,Certificate ID: 13601343 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 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 i 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. i �I IXI 405-WA 1210 Miscellaneous Attachment:M481533 Master ID: 1358772,Certificate ID: 13601343 Gary Abrahams PO Box 2006 Bellevue,WA 98009 206-349-4279 Gary@GmanetworkseNices.com VIA FEDEX September 2, 2015 City of Kent-Engineering Attention: Kristin Lykl<en 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 2001h Street, Kent SE05316B at SE 219`h Place & 1161h Avenue SE, Kent SE04099F at 10702 SE 224"' Place Kent Please let me know when the agreements have been fully executed by the City. Thanks, Gary Abrahams For T-Mobile USA