HomeMy WebLinkAboutCAG1993-0975 - Extension - #2 - Valley Communications Center -Cambridge Radio Site Lease - 12/14/2016 KEN T —a
Document
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: Valley Communications Center
i
Vendor Number: 39313
ID Edwards Number
Contract Number: LV/$ I; - i -V�[4 ()o 3
This is assigned by City Clerk's Office
Project Name: Lease at Cambridge
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Lease
Contract Effective Date: 7/1/16 Termination Date: 12/31/17
Contract Renewal Notice (Days): n/a
Number of days required notice for termination or renewal or amendment
Contract Manager: Cheryl Rolcik-Wilcox Department: Law
Contract Amount: $11,262.50
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Extension of expired lease and payment of back-rent.
As of: 08/27/14
i
SECOND ADDENDUM TO LEASE AGREEMENT BETWEEN THE CITY OF KENT
(LESSOR) AND VALLEY COMMUNICATIONS CENTER (LESSEE)
This SECOND ADDENDUM TO LEASE AGREEMENT ("Second Addendum") is
made this day of December, 2016, by and between the City of Kent, a
municipal corporation formed pursuant to RCW 35A ("Lessor"), and Valley
Communications Center, an administrative agency formed pursuant to RCW 39.34
("Lessee").
RECITALS
A. Lessor and Lessee entered into that certain Lease Agreement dated
November 22, 1993 (the "Initial Lease"), as amended by that certain First
Addendum to Lease Agreement dated as of January 8, 2010 (the "First Addendum")
for certain real property located in the City of Kent, State of Washington as
described in Exhibit A to the Initial Lease (the "Premises"). The term "Amended
Lease" shall mean the Initial Lease as amended by the First Addendum. As used
herein the "Lease" shall mean the Amended Lease as further amended by this
Second Addendum.
B. The parties desire to amend the Amended Lease to extend the term of
the Amended Lease as more fully set forth below.
C. Except as otherwise specifically defined herein all capitalized terms
shall have the meanings assigned in the Amended Lease.
AGREEMENT
In furtherance of the Recitals set forth above, which are incorporated herein
by reference, and in consideration of the mutual promises and covenants set forth
below, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties acknowledge and agree to the following:
1. First Extended Term. The term of the Lease is hereby extended for
eighteen (18) months ("First Extended Term") commencing retroactively on July 1,
2016 ("First Extended Term Commencement Date") and terminating on December 31,
2017 ("Expiration Date").
2. Rent Payment. , Lessee shall pay to Lessor the sum of $11,262.50 on
or before December 31, 2016, and following such payment, Lessee shall be current in
the payment of its rent through December 31, 2016.
3. Condition of Premises. Lessee leases the Premises during the First
Extended Term in as-is, where-is condition and acknowledges that Lessor has not
agreed to and shall not be required to make any improvements or alterations to the
same.
4. Assignment or Sublease. Section 26 of the Lease shall be amended
by adding the following subsection D:
SECOND ADDENDUM TO LEASE AGREEMENT - Page 1 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
D. Notwithstanding the foregoing and subject to the additional conditions
established below, Lessee may assign the Lease or sublet all or a portion of the
Premises to King County to use for the Puget Sound Emergency Radio Network
("PSERN"), or alternatively may sublet all or a portion of the Premises to the
Washington State Department of Transportation ("WSDOT"), so long as the purpose
of any WSDOT sublease is for public safety. King County or WSDOT shall be bound
by all of Lessee's obligations and covenants under this Lease, the same as if it were
the original Lessee hereunder.
Further, and except in a true emergency, any entity that is assigned or
that subleases all or a part of the Premises cannot enter the Premises for any purpose
unless that entity first obtains written permission from the city to enter. The purpose
of this paragraph is to protect the Lessor's extremely valuable interest in, and concern
for, its existing facilities on the Premises, which facilities are used to protect the
health, safety, and welfare of all persons within the city of Kent.
5. Notices. Section 32 of the Lease shall be replaced in its entirety as
follows:
32. Notices. All notices, requests, demands, and other communications
required to be sent pursuant to this Lease shall be in writing and shall be deemed
given if mailed, certified mail, return receipt requested, or by a nationally recognized
courier service, to the following addresses:
If to Lessor: City of Kent
Attn: Water Superintendent
220 41h Avenue South
Kent, WA 98032
If to Lessee: Valley Communications Center
Attn: Lora Ueland, Executive Director
27519 108"' Ave SE
Kent, WA 98030
i
6. Brokers. Each party warrants to the other party that it has not dealt
with any broker or agent in connection with the negotiation or execution of this
Second Addendum. Each party shall indemnify, defend and hold the other party
harmless from and against all costs, expenses, attorneys' fees, liens and other liability
for commissions or other compensation claimed by any broker or agent claiming the
same by, through, or under such party.
7. Entire Agreement. This Second Addendum and the Amended Lease
constitute the entire agreement between Lessor and Lessee with respect to the
subject matter of this Second Addendum.
8. Full Force and Effect. Except as specifically set forth herein, the
Amended Lease is and remains in full force and effect and binding on the parties. Any
acts consistent with the terms and intent of this Second Addendum are ratified and
confirmed. Both parties confirm that there is not now and has not in the past been
any default under the Lease, and neither party has any claim against the other for
damages or offset of any type.
SECOND ADDENDUM TO LEASE AGREEMENT -2 Page 2 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
9. Authority. Each party acknowledges that it has all necessary right, title
and authority to enter into and perform its obligations under this Second Addendum,
that this Second Addendum is a binding obligation of such party and has been
authorized by all requisite action under the party's governing instruments, that the
individuals executing this Second Addendum on behalf of such party are duly
authorized and designated to do so, and that no other signatories are required to bind
such party.
10. Counterparts. This Second Addendum may be executed in one or
more facsimile or pdf counterparts, each of which shall be deemed the original, but
which together shall constitute one and the same instrument.
11. Ratification. The parties hereto ratify all past acts of the parties taken
consistent with the terms and conditions of this Amended Lease.
IN WITNESS WHEREOF, the parties have executed this Second Addendum as of
the date set forth above.
LESSOR:
CITY OF NT
By:
Name;-S` zette)Cooke
Title1Na`yor(r`
LESSEE:
VALLEY COMMUNICATIONS CENTER
By:
Name:
Title:
P:\Civil\Files\Open Files\0247-Valley Com\Cambridge\2ndAddendumTCBClean.docx
i
SECOND ADDENDUM TO LEASE AGREEMENT -3 Page 3 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
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:
it
-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.
e (SignIture) j
NOTARY PUBLIC, in and for the State
l Q p
of Washington, residing at
rrrrrFO�y��9`�00 My appointment expires
I
SECOND ADDENDUM TO LEASE AGREEMENT 4 Page 4 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
F
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
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
of 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.
�I
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
i
SECOND ADDENDUM TO LEASE AGREEMENT 5 Page 5 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
I
SECOND ADDENDUM TO LEASE AGREEMENT BETWEEN THE CITY OF KENT
(LESSOR) AND VALLEY COMMUNICATIONS CENTER (LESSEE)
This SECOkID ADDENDUM TO LEASE AGREEMENT ("Second Addendum") is
made this lr
day of December, 2016, by and between the City of Kent, a
municipal corporation formed pursuant to RCW 35A ("Lessor"), and Valley
Communications Center, an administrative agency formed pursuant to RCW 39.34
("Lessee").
RECITALS
A. Lessor and Lessee entered into that certain Lease Agreement dated
November 22, 1993 (the "Initial Lease"), as amended by that certain First
Addendum to Lease Agreement dated as of January 8, 2010 (the "First Addendum")
for certain real property located in the City of Kent, State of Washington as
described in Exhibit A to the Initial Lease (the "Premises"). The term "Amended
Lease" shall mean the Initial Lease as amended by the First Addendum. As used
herein the "Lease" shall mean the Amended Lease as further amended by this
Second Addendum.
B. The parties desire to amend the Amended Lease to extend the term of
the Amended Lease as more fully set forth below.
C. Except as otherwise specifically defined herein all capitalized terms
shall have the meanings assigned in the Amended Lease.
AGREEMENT
In furtherance of the Recitals set forth above, which are incorporated herein
by reference, and in consideration of the mutual promises and covenants set forth
below, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties acknowledge and agree to the following:
1. First Extended Term. The term of the Lease is hereby extended for
eighteen (18) months ("First Extended Term") commencing retroactively on July 1,
2016 ("First Extended Term Commencement Date") and terminating on December 31,
2017 ("Expiration Date").
2. Rent Payment. , Lessee shall pay to Lessor the sum of $11,262.50 on
or before December 31, 2016, and following such payment, Lessee shall be current in
the payment of its rent through December 31, 2016.
3. Condition of Premises. Lessee leases the Premises during the First
Extended Term in as-is, where-is condition and acknowledges that Lessor has not
agreed to and shall not be required to make any improvements or alterations to the
same.
I
4. Assignment or Sublease. Section 26 of the Lease shall be amended
by adding the following subsection D:
D. Notwithstanding the foregoing and subject to the additional
SECOND ADDENDUM TO LEASE AGREEMENT - Page 1 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
conditions established below, Lessee may assign the Lease or sublet all or a portion of
the Premises to King County to use for the Puget Sound Emergency Radio Network
("PSERN"), or alternatively may sublet all or a portion of the Premises to the
Washington State Department of Transportation ("WSDOT"), so long as the purpose
of any WSDOT sublease is for public safety. King County or WSDOT shall be bound
by all of Lessee's obligations and covenants under this Lease, the same as if it were
the original Lessee hereunder.
Further, and except in a true emergency, any entity that is assigned or
that subleases all or a part of the Premises cannot enter the Premises for any purpose
unless that entity first obtains written permission from the city to enter. The purpose
of this paragraph is to protect the Lessor's extremely valuable interest in, and concern
for, its existing facilities on the Premises, which facilities are used to protect the
health, safety, and welfare of all persons within the city of Kent.
S. Notices. Section 32 of the Lease shall be replaced in its entirety as
follows:
32. Notices. All notices, requests, demands, and other communications
required to be sent pursuant to this Lease shall be in writing and shall be deemed
given if mailed, certified mail, return receipt requested, or by a nationally recognized
courier service, to the following addresses:
If to Lessor: City of Kent
Attn: Water Superintendent
220 4th Avenue South
Kent, WA 98032
If to Lessee: Valley Communications Center
Attn: Lora Ueland, Executive Director
27519 108th Ave SE
Kent, WA 98030
6. Brokers. Each party warrants to the other party that it has not dealt
with any broker or agent in connection with the negotiation or execution of this
Second Addendum. Each party shall indemnify, defend and hold the other party
harmless from and against all costs, expenses, attorneys' fees, liens and other liability
for commissions or other compensation claimed by any broker or agent claiming the
same by, through, or under such party.
7. Entire Agreement. This Second Addendum and the Amended Lease
constitute the entire agreement between Lessor and Lessee with respect to the
subject matter of this Second Addendum.
S. Full Force and Effect. Except as specifically set forth herein, the
Amended Lease is and remains in full force and effect and binding on the parties. Any
acts consistent with the terms and intent of this Second Addendum are ratified and
confirmed. Both parties confirm that there is not now and has not in the past been
any default under the Lease, and neither party has any claim against the other for
damages or offset of any type.
SECOND ADDENDUM TO LEASE AGREEMENT -2 Page 2 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
9. Authority. Each party acknowledges that it has all necessary right, title
and authority to enter into and perform its obligations under this Second Addendum,
that this Second Addendum is a binding obligation of such party and has been
authorized by all requisite action under the party's governing instruments, that the
individuals executing this Second Addendum on behalf of such party are duly
authorized and designated to do so, and that no other signatories are required to bind
such party.
10. Counterparts. This Second Addendum may be executed in one or
more facsimile or pdf counterparts, each of which shall be deemed the original, but
which together shall constitute one and the same instrument.
11. Ratification. The parties hereto ratify all past acts of the parties taken
consistent with the terms and conditions of this Amended Lease.
IN WITNESS WHEREOF, the parties have executed this Second Addendum as of
the date set forth above.
LESSOR:
CITY OF KENT
By:
Name: Suzette Cooke
Title: Mayor
LESSEE:
VALLEY COMMUNICATIONS CENTER
By: W L/t_
Name: /a ef!
Title: L�crGuny� D/2c��rvrL.
P:\Civil\Files\Open Files\0247-Valley Com\Cambridge\2ndAddendumTCBClean.clocx
i
SECOND ADDENDUM TO LEASE AGREEMENT =3 Page 3 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
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 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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
I
SECOND ADDENDUM TO LEASE AGREEMENT 4 Page 4 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that fil In
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated hat he/she was
authofi �d t}}� execute the ins�ru ,ent and acknowledged it as the
of IIPG °(t! l'�7)� 11��E�C(��I(S1 C� to be the free and voluntary act of such
party forte 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.
"tur(Sig
NOTARY PUBLIC, in and for h State ,
of Washington, residing at �� ti
My appointment expires
I�
SECOND ADDENDUM TO LEASE AGREEMENT 5 Page 5 of 5
(Lessor: City of Kent; Lessee: Valley Communications; Location: Cambridge)
REQUEST FOR MAYOR'S SIGNATURE
1GET1 T Prim on o erry-t ciareri
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director_
Originator: Cheryl Roldk-Wilcox Phone (Originator): x5771
Date Sent: 12/5/16 Date Required: 12/7/16
Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: 12/31/17
VENDOR NAME: Date Finance Notified:
Valle Communications Center (Only required on contracts /
y 20 000 and over or on an Grant) "
DATE OF COUNCIL APPROVAL: 11�15�16 Date Risk Manager Notified: 11/15/16
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number:
Authorized in the Budget? YES 8 NO
Brief Explanation of Document:
Extension of lease at Cambridge site and agreement for payment of back-rent by Valley
Communications, with change to paragraph 8 from previously signed addendum to
clarify the default and claims provision.
s ji4ost Be Routed Through The Law Department
(This area to be completed by the Law Department) t
Received: h r
Approval of Law Dept.:
Law Dept. Comments:
Date F q * r . o &' n R
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition: �'r1's ✓` .r,, ;,�.'. L ry��7,r-�^'' }�t: l yi./ ^^y
Date Returned:
P No[e [,lr f fr.o'&e gnallo.OCR
Y=
City of Kent '
Property Management
220 Fourth Ave S
Kent, Wa 98032 II
20100326000322
PgCIFIC NW TIT qG 65 00
PAGE-001 OF 004
03/26/2010 I1 19
KING COUNTY, WA
When Recorded Return To:
City of Kent
Property Management
220 Fourth Avenue South
Kent, WA 98032 `4
*************************************************************
PACIFIC NORTHWEST TITLE
Grantor: City of Kent V3"39 '� I t Z
Grantee: Valley Communications Center Aef '
First Addendum to LeaseAgr�mOentog�''
Legal Description: POR OF SW 1/4 S 20 FT OF N 310 FT OF E 120 FT OF
W 360 FT & S 250 FT OF N 470 FT OF E 210 FT OF W 570FT
LESS BEG ON E LN 110 FT S OF NE COR TH RNG SWLY TO PT
ON S LN 65 FT W OF SE COR TH E TO SE COR TH N TO BEG
Assessor's Tax Parcel No.: 2722049157
First Addendum
City of Kent and Valley Communications
Page 1 of 4
s f
FIRST ADDENDUM TO LEASE AGREEMENT BETWEEN THE CITY OF
KENT (LESSOR) AND VALLEY COMMUNICATIONS CENTER (LESSEE)
RECITALS
A. The parties entered into a lease agreement effective July 1, 1993,
subject to renewal at five year intervals with rent to be negotiated and
subject to ultimate expiration June 30, 2013. The original lease (Lease) was
recorded under King County No. 9401040857.
B. Lessor did not invoice and Lessee did not pay rent for this lease from
its inception due to apparent administrative oversight.
C. Given that Lessor is a member city in Lessee, Lessor will not seek to
collect back rent for Lessee owing prior to December 1, 2009.
D. The parties intend this addendum to set the rental rate for the term
December 1, 2009 through June 30, 2013 and to establish certain terms and
conditions to supplement the original lease.
E. The parties agree that comparable market rent data are not available
for this special use facility and that it is fair to establish the monthly rental
rate by the application of percent increase in CPI-Urban for Seattle-Tacoma-
Bremerton for 1998, 2003 and 2008 (compounded) to the original monthly
rate of $170.00.
AGREEMENT
Based on the foregoing, it is hereby agreed as follows:
1. SECTION 7 of the LEASE is amended as follows: Lessee shall deliver
rent monthly in the amount of $265.00 payable within ten days of invoice by
Lessor. Checks will be payable to the City of Kent Water Utility and will be
delivered to:
City of Kent
Water Utility Fund
Customer Services
220 Fourth Avenue South
Kent, WA. 98032
2. SECTION 26 OF THE LEASE is amended as follows: In addition to
subleases permitted by separate subrogation agreement, Lessee may
First Addendum
City of Kent and Valley Communications
Page 2 of 4
sublease space to the Washington State Department of Transportation
so long as the purpose of such sublease is the furtherance of public safety.
3. All other terms and conditions of the original LEASE remain In full force
and effect.
LESSEE:
Valley Com uni ati Center
i
Said documents(s) were filed i,
By: record by Pacific N-o'hwest Title as
Print Name: Ste Reinke an rccommodation only It has not been
Its• Direqor4 examined as to proper execution or
Date: / 16 juto rs to its ef;act upon title,
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Steve
Reinke is the person who appeared before me, and said person acknowledged that
he signed this instrument, on oath stated that he is authorized to execute the
instrument on behalf of Valley Communications Center as its Director, and such
execution to be the free and voluntary act of such party for the uses and purposes
mentioned in the foregoing instrument
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
U ' ~ aTr"<' NOTARY PUB C in 40 for e S t
U,% •o
;.�; (ig��G - of Washington, residing at
Zf+++'�29_1 .f;ro� My appointment expires
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First Addendum
City of Kent and Valley Communications
Page 3 of 4
• Y Y
LESSOR:
CITY OF KENT
By: Ze
Prl Nam zette Cooke
Its Ma r
Date: o/o
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.
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P \Civil\Files\Open Files\0247-ValleyComGeneral\KentValleyCommAddendum docx
First Addendum
City of Kent and Valley Communications
Page 4 of 4
,
lI.m r..cwaaap Yt
MAIL TO: ao«ma.ae
City cf Kent
Legal Department
4th Avenue South Ken EXHIBIT.S�.
Kent, WA 93032
Attn: Laurie Evezich
LEASE AGREEMENT
fUWcn kesZ.,
1. PARTIES. This lease is executed on this day of Augttat-
� 1993, by and between the City of Kent, a municipal corporation
co
pursuant to RCW 35A, hereinafter Lessor, and the Valley
CDCommunications Center, an administrative agency formed pursuant to
V RCW 39 .34, hereinafter Lessee. The covenants contained in this
CD lease are made in consideration of our mutual undertakings and of
E the leasehold granted.
`d'
�` 2. PREMISES. Lessor hereby leases to Lessee, a portion of
certain real property located in the City of Kent, Washington known
as the Cambridge Radio Site, the leasehold property described as
follows:
..n
.�.+ A. The real property upon which the leased property is
Fi situated is legally described in Exhibit A attached
and by this reference incorporated into this lease.
Cn oa 3. COMMON AREAS. The Lessor grants to the Lessee, for the use of
Lessee's authorized employees and technical personnel, the non-
exclusive right to make reasonable and appropriate use of the
common areas shown on Exhibit A. Said right shall expire upon the
termination of this lease. Common areas include all entrances,
driveways, parking areas, walkways. Lessee's rights shall,
U4 however, be subject to Lessor's ownership of, and general rights to
control and make changes in the common areas; and to the Lessee' s
*MOTO ..,,,duty to bear a pro rata share of the costs of maintaining the
0"o "a ,,,. #common areas as provided for later in this lease. Lessee agrees
w" asa that Lessee's authorized employees and technical personnel shall be
mwbv ind ,,, `
wriba>vlMaawgasuj
b ect to the site conduct regulations attached as Exhibit B
"fu''t'ft+" and by this reference incorporated into this lease.
4 . LESSOR'S CONTROL OF COMMON AREAS. All common areas upon which
Lessee has a non-exclusive right of use, as provided for above,
remain in the ownership and control of the Lessor. The Lessor has
the exclusive power to construct and modify all such areas.
S. TERM. The term of this lease shall be for one five (5) year
term and shall begin on the 1st day of July, 1993 , and end on the
30th day of June, 1998, unless sooner terminated as hereinafter
provided. The Lessee shall have the right to renegotiate this
lease for three additional terms at a rental rate mutually
agreeable to the parties.
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rhea ow 60084 a1 00't2 W 8F0 MOM AINR03 9NIM RV ogmN-50 isa0_f9;0*6
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A. If for any reason-whatsoever, the Lessor is unable
to deliver possession of the premises by the date
specified for the commencement of the term of this
lease, rent shall be abated until such date as
possession of the premises is tendered by the
Lessor, and in all other respects this lease shall
remain in full force and effect and the lease term
shall not be extended thereby. In no event shall
Lessor be liable for damages caused by failure to
deliver possession of the premises. If the Lessor
does not deliver possession of the premises to
Lessee within SIXTY (60) days after commencement of
the term, Lessee can elect to terminate this lease
by giving notice to the Lessor at any time before
the date the Lessor delivers possession of the
premises to the Lessee.
6. TERMINATION. This lease may be terminated by the Lessor if
the Lessee fails to perform a material term, condition or covenant
�,. of this lease.
O A. Lessor must give Lessee prior written notice of any such
default and a minimum of one hundred-twenty days (120) to
U cure. If Lessee fails to cure within 120 days or if
Lessee's default is not subject to cure, this lease may
d be terminated by Lessor upon written notice of an
t7. intention to do so. Upon Lessee' s receipt of such notice
from Lessor, Lessee shall be provided a reasonable time
to remove all its equipment, improvements and its
facility from the leased premises. Provided, however,
radio tower footings shall not be considered equipment,
improvements or a part of Lessee' s facility.
B. Except as provided herein, Lessee agrees to restore the
Cambridge Radio site to the satisfaction of Lessor, after
the removal of its equipment, improvements and facility.
C. This lease may be terminated by the Lessee if Lessor
fails to perform a material, term, condition or covenant
of this lease.
7. RENT. Lessee promises to pay to the Lessor, a fixed rent of
one hundred and seventy dollars ($170.00) per month ($510. 00 per
2
quarter) , payable quarterly in advance at the first day of each
quarter. All rents shall be made payable to the CITY OF KENT WATER
UTILITY and are to be received in the office of the:
City of Kent Fire Department
24611 116th Avenue S.E.
Kent, Washington 98031
8. LATE PAYMENTS TAXES AND LICENSES.
A. LATE PAYMENTS. THERE WILL BE A LATE COLLECTION
CHARGE OF FIVE PERCENT (5%) OR THIRTY DOLLARS AND NO/100
($30.00) , whichever is greater, plus one percent (1%) per
month interest for any delinquent rental not delivered to
Lessor by the tenth (loth) day of the month.
B. LICENSES AND TAXES. Lessee shall pay throughout
the term of this lease, all applicable taxes, and
all license and excise fees covering the business
co coconducted on the premises.
J
IT 9. USE. The Lessee promises during the term and extensions of
CD this ieasehold, fully to occupy the leased premises and to conduct
0 the following business there:
A public safety radio system including an 800 MHz trunked
radio system to be used for the Lessee's Police and Fire
Departments and by other emergency services organizations
or governmental communications needs as determined by the
Lessee.
10. COMPLIANCE WITH ALL LAWS AND REGULATIONS. In using the
premises, Lessee will comply with all applicable laws, ordinances
and regulations, from any and all authorities having jurisdiction.
The Lessee specifically agrees to comply and pay all costs
associated with achieving such compliance without any notice of
requirement or requirements from Lessor, and that Lessor does not
waive this section by giving notice of demand for compliance in any
instance.
11. INDEMNIFICATION. Both parties agree that as to all claims,
actions, or causes of action of whatever kind or nature including
those by any person directly or indirectly employed by either party
made or asserted against either or both parties and relating in
any way to the subject matter of this lease each will be liable to
3
any way to the subject matter of this lease each will be liable to
the other only to the extent of each party's fault,
negligence, or causation and shall indemnify the other for such
amount. As to all such claims, actions or causes of action which
are the sole fault, negligence, or causation of a party to this
lease agreement, such party shall have a duty to defend, save, and
hold the other harmless, and upon failure to do so shall pay
reasonable attorneys fees, costs and expenses incurred by the other
party to this lease agreement in defense of any such third party
claims for actions or in asserting its rights pursuant to this
paragraph.
12. LIABILITY INSURANCE. Lessee shall, at Lessee's expense,
maintain commercial general liability insurance, insuring against
any and all claims for injury to or death of persons and loss of or
damage to property occurring upon, in or about the premises as a
result of the acts or omissions of Lessee, its agents, employees,
invitees or licensees. such insurance shall have liability limits
r. of not less than $1, 000,000. 00 in respect of one occurrence or
Ln accident, and not less than $2 ,0o0 , 000 . 00 annual aggregate. All
C such insurance shall name Lessor as an additional insured, with a
V severability of interests indorsement.
O
O All such insurance shall be issued by carriers acceptable to Lessor
`d" and shall contain a provision whereby the carrier agrees not to
LT` cancel or materially modify the insurance without thirty days prior
written notice to the Lessor.
On or before taking possession of this lease, Lessee shall furnish
Lessor with a certificate of Insurance including a copy of the
endorsement naming the Lessor as an additional insured, evidencing
the aforesaid insurance coverage, and renewal certificates shall be
issued to the Lessor at least thirty days prior to the expiration
date of each policy for which a certificate was therefore
furnished. The Lessor reserves the right to a certified copy of
the policy on request.
No use shall be made or permitted to be made of the premises, nor
acts done, which will increase the existing rate of insurance upon
the premises (without consent of Lessor and compensation for
increased premiums) or cause the cancellation of any insurance
policy covering the premises, or any part thereof, nor shall Lessee
sell, or permit to be kept, used or sold, in or about the premises,
any article which may be prohibited by the standard form of
property insurance policies. Lessee shall, at its sole cost and
4
13. LESSEE EQUIPMENT AND IMPROVEMENTS._
A. Lessee agrees to install all equipment and
improvements at its sole cost. Standards attached
in Exhibit C shall be observed and by this
reference incorporated into this lease.
B. Lessee shall, at Lessee's sole expense, perform all
reasonable maintenance of and keep in good repair
the equipment and improvements to be installed in
the Cambridge Radio site facility and the adjacent
radio tower. All RF equipment or improvements
installed shall meet or exceed the standards
attached in Exhibit C and by this reference
incorporated into this lease.
C. If after expiration or notice of an intent to terminate
this lease, the Lessee wishes to sell its equipment,
improvements or its facility, the Lessor may elect and
the Lessee agrees to sell any of its equipment,
improvements or facility to the Lessor for fair market
CO value.
CD
14. PERMITS. Lessee shall, at its sole cost, be responsible for
obtaining any permits or licenses that are necessary to conduct its
CDbusiness.
15. CONDITION OF PREMISES. The Lessee has inspected and knows the
condition of the premises, and it is understood and agreed that the
premises are leased on an "as is" basis without any obligation on
the part of the Lessor to make any changes, improvements, or to
incur any expenses whatsoever for the maintenance or repair of the
premises.
16. CONSTRUCTION DEFECTS. Lessor shall not be liable to the
Lessee for claims or damages arising from any defect in the
construction of or the present condition of the premises, whether
known or unknown, or for damage by storm, rain or leakage or any
other occurrence.
17. MAINTENANCE. Lessee shall throughout the term of this lease,
without cost or expense to Lessor, keep and maintain the leased
property and all improvements, fixtures and equipment which may now
or hereafter exist thereon, in a neat, clean and sanitary
5
condition, and shall except for reasonable wear and tear, at all
times preserve the premises in good and safe repair.
18. FORCE MAJEURE - SUSPENSION. Lessor's failure to perform any
of its obligations under this lease, shall be excused if due to
causes beyond the control and without the fault or negligence of
the Lessor, including but not restricted to acts of God, acts of
the public enemy, acts of any government, fires, floods,
earthquakes, and strikes.
19. ENTIRE AGREEMENT- AMENDMENTS. This lease and the exhibits and
attachments referred to in it constitute the full and final
agreement of the parties on all subjects contained within it. All
prior negotiations and agreements are merged into this lease. No
subsequent agreement may modify this lease unless it is in writing
and signed by the parties or their authorized agents.
20. LIENS. Lessee will not permit any mechanics, labor, or
materialman liens to stand against the lease premises for any labor
LO or materials furnished to Lessee or claimed to have been furnished
Co to Lessee or to Lessee's agents, contractors, or sub-lessees, in
O connection with work of any character performed or claimed to have
pbeen performed on said property or improvements by or at the
direction or sufferance of Lessee; provided however, that Lessee
shall have the right to contest the validity or amount of any such
lien or claimed lien. In the event of such contest, Lessee shall
give to Lessor reasonable security as may be demanded by Lessor to
insure payment thereof and prevent any sale, foreclosure or
forfeiture of the property or improvements by reason of such non-
payment. Lessee will immediately pay a judgment rendered with all
proper costs and charges and shall have such liens released or
judgment satisfied at Lessee' s own expense.
21. SURRENDER OF PREMISES. Upon the expiration or earlier
termination of this lease and after removal of all its equipment,
improvements and facility from the site, Lessee shall promptly
surrender possession of the property to Lessor, and shall deliver
to Lessor all keys that it may have to any and all parts of the
property site.
22. DEFAULT AND RE-ENTRY. If any rents above reserved, or other
obligations provided herein, or any part thereof, shall be and
remain unpaid when the same shall become due, or if Lessee shall
violate or default on any of the covenants and agreements herein
contained, then Lessor may cancel this lease upon failure to cure
6
following one hundred-twenty (120) days notice to cure such
deficiency.
23. E BY CITY OF KENT FOR LESSEE, If Lessee fails to pay
ADVANCES Y
any fees or perform any of its obligations under this lease other
than payment of rent, Lessor, City of Kent, will mail notice to
Lessee of its failure to pay or perform. Twenty (20) days after
mailing notice, if Lessee's obligation remains unpaid or
unperformed Lessor may pay or perform these obligations at Lessee's
expense. Upon written notification to Lessee of any costs incurred
by Lessor under this paragraph, Lessee will reimburse Lessor within
twenty (20) days.
24. SIGNS. No sign, advertisement, notice or other lettering will
be exhibited, inscribed, painted or affixed by Lessee on any part
of the outside of the premises without the prior written consent of
Lessor; provided, that such consent shall not be unreasonably
withheld. If Lessee violates this provision, Lessor may remove the
sign without any liability, and may charge the expense incurred by
such removal to the Lessee; provided, however, Lessor shall give
Ln Lessee written notice of Lessee's violation of this provision and
O Lessee shall have forty-eight (48) hours after receiving said
notice to comply with the terms of this provision. All signs
(D erected or installed by Lessee shall be subject to any federal,
state or local statutes, ordinances or regulations applicable to
Nr signs.
V,
25. INSPECTION. Lessor reserves the right to inspect the premises
at any and all reasonable times throughout the term of this lease;
provided, that Lessor shall not interfere unduly with Lessee's
operations. The right of inspection reserved to Lessor hereunder
shall impose no obligation on Lessor to make inspections to
ascertain the condition of the premises, and shall impose no
liability upon Lessor for failure to make such inspections.
26. ASSIGNMENT OR SUBLEASE.
A. Lessee shall not assign or transfer this lease or any
interest therein nor sublet the whole or any part of the
premises, nor shall this lease or any interest thereunder
be assignable or transferable by operation of law or by
any process or proceeding of any court, or otherwise,
without the written consent of Lessor first had and
obtained, which consent shall not be unreasonably
withheld. If Lessor shall give its consent to any
assignment or sublease, this paragraph shall nevertheless
7
continue in full force and effect and no further
assignment or sublease shall be made without the Lessor's
consent.
B. If Lessee desires to assign, transfer, or sublease any
portion of this lease or any interest therein, it shall
notify Lessor in writing of said desire to assign or
transfer and the details of the proposed agreement, at
least thirty (30) days prior to the proposed date of
assignment, transfer, or sublease to a third party. The
notification shall include, but not be limited to a
financial statement of the proposed assignee, including
but not limited to a full disclosure of the monetary
payment or any other considerations involved, and an
affidavit from the proposed assignee stating he has
examined this lease, understands this lease, agrees to
assume and be bound by all of the Lessee's obligations
and covenants under this lease, the same as if it were
the original Lessee hereunder, and the proposed date of
assignment, transfer or sub-lease.
Ln
CIO C. Lessor will review the request and respond with either an
O approval or disapproval of the request not later than ten
O
(10) days prior to the proposed date. Disapproval of any
— such request shall be final and binding on the Lessee and
not subject to any arbitration, provided that any
T% approval will not be unreasonably withheld. Lessor shall
charge to the Lessee a reasonable fee for administrative
costs in reviewing and processing any assignment or
sublease. Lessee may assign this lease to any wholly
owned subsidiary without obtaining Lessor's consent or
payment of fees.
27 . CONDEMNATION.
A. Lessor and Lessee will give to the other immediate
written notice of the receipt of notice of any
proceedings with respect to a condemnation and of any
intention of any authority to exercise the power of
eminent domain.
B. If all of the premises are taken by any lawful authority
under the power of eminent domain for a period which will
end on or extend beyond the expiration of the term of
this lease, this lease terminates as of the date
8
condemnor takes possession, and Lessee will have no claim
or interest in or to any award of just compensation
except that the Lessee will be entitled to an amount
equal to the fair market value of the Lessee's leasehold
interest in any improvement taken by the condemnor made
to the premises by the Lessee, but not to exceed the
amount of that part, if any, of the award attributable to
the value of the improvements.
C. If part of the premises is taken by any lawful authority
under the power of eminent domain for a period which will
end on or extend beyond the expiration of the term of
this lease, Lessor or Lessee may choose to terminate this
lease as of the date the condemnor takes possession. If
neither Lessor nor Lessee elects to terminate this lease,
the rent will be reduced in the same proportion that the
value of the portion of the premises to be taken bears to
the value of the entire premises as of the date condemnor
:n takes possession. Lessee will have no claim or interest
in or to any award of just compensation or damages except
�7
that the Lessee will be entitled to an amount equal to
O the fair market value of the Lessee's leasehold interest
in the part taken by the condemnor of any improvements
made to the premises by the Lessee, but not to exceed the
S amount of that part, if any, of the award attributable to
the value of the improvements.
D. If temporary use of all or a portion of the premises is
taken by any lawful authority for a period, 'which would
reduce the leasehold and consequently, would cause the
premises to be untenantable for the use by Lessee for the
purposes set forth in the section of this lease titled
"Use, " at Lessee's determination, then Lessor or Lessee
may choose to terminate this lease. If Lessor or Lessee
elect to terminate this lease, the lease will terminate
the date the condemnor takes possession and Lessee will
have no claim or interest in or to any award of just
compensation except that the Lessee will be entitled to
an amount equal to the fair market value of the Lessee's
leasehold interest in any improvements made to the
premises by the Lessee. If neither Lessor or Lessee
elects to terminate this lease, the lease will continue
in full force and Lessee will be entitled to receive any
award from the condemnor for the use of all or part of
the premises, EXCEPT that Lessee may elect to have the
rents reduced by the amount proportionally attributable
9
to any partial temporary taking, in which event the
Lessee shall not be entitled to any portion of the award
attributable to said use.
E. It is understood and agreed that Lessee shall not be
party to any negotiation or proceedings at law wherein
Lessor claims compensation other than that which is
defined statutorily as constituting "just compensation. "
28. ANTI-DISCRIMINATION. In all services or activities, and all
hiring or employment made possible by or resulting from this lease
there shall be no discrimination against any employee or applicant
for employment because of sex, age (except minimum age and
retirement provisions) , race, color, creed, national origin,
marital status, or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational qualification.
This requirement shall apply to but not be limited to the
1�_ following: employment, advertising, lay-off or termination, rates
L0 of pay or other forms of compensation, and selection for training,
co including apprenticeship. The Lessee shall not violate any of the
O V' terms of R.C.W. 49. 60, Title VII of the Civil Rights Act of 1964,
O or any other applicable federal, state, or local law or regulations
O regarding non-discrimination. Any violation of this provision
.�r shall be considered a violation of a material provision of this
�T lease and shall be grounds for cancellation, termination, or
suspension, in whole or in part, of the lease by the Lessor and may
result in ineligibility for further City agreements. The Lessee
will also comply with other anti-discrimination laws or
requirements of any and all jurisdictions having authority.
29. HEIRS, AGENTS AND ASSIGNS. Without limiting any provisions of
this lease pertaining to assignment and subletting, the provisions
of this lease bind the heirs, legal representatives, successors,
agents and assigns of any of the parties to this lease.
30. HOLDING OVER. If the Lessee holds over after the expiration
or earlier termination of the term hereof without the express
written consent of Lessor, Lessee shall become a tenant at
sufferance only, at a rental rate equal to one hundred fifty
percent (150%) of the rent in effect upon the date of such
expiration (prorated on a daily basis) , and otherwise subject to
the terms, covenants and conditions herein specified, so far as
applicable. Acceptance by Lessor of rent after such expiration or
earlier termination shall not result in a renewal of this lease nor
affect Lessor' s right of re-entry or any rights of Lessor hereunder
or as otherwise provided by law. If Lessee fails to surrender the
10
premises upon the expiration of this Lease despite demand to do so
by Lessor, Lessee shall indemnify and hold Lessor harmless from all
loss or liability, including without limitation, any claim made by
any succeeding Lessee founded on or resulting from such failure to
surrender and together with interest, attorney's fees and costs.
31. HAZARDOUS SUBSTANCES. Lessee shall not, without first
obtaining Lessor's prior written approval, generate, release,
spill, store, deposit, transport, or dispose of (collectively
"Release") any hazardous substances, sewage, petroleum products,
radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any
pollutants, or substances defined as hazardous or toxic in
accordance with applicable federal, state, and local laws and
regulations in any reportable quantities ("Hazardous Substances")
in or about the Premises. In the event, and only in the event, the
City of Kent approves such Release of Hazardous Substances on the
Premises, Lessee agrees that such Release shall occur safely and in
compliance with all applicable federal, state, and local laws and
regulations. Lessee shall indemnify, hold harmless, and defend
Lessor from any and all claims, liabilities, losses, damages,
cleanup costs, response costs, and expenses, including reasonable
attorney's fees arising out of or in any way related to the Release
by Lessee or any of its agents, representatives, or employees, or
Othe presence of such Hazardous Substances in, on or about the
Nil Premises occurring at any time after the Commencement Date.
O_
O 32. NOTICES. Whenever notice must be given by one party to the
d other under this lease, such notice shall be in writing and shall
be delivered personally or mailed by registered or certified mail
to the following address:
To; The City of Kent
Norm Angelo, Fire Chief
Kent Fire Department
24611 116 Avenue S.E.
Kent, Washington 98031
To: The Valley Communications Center
Chris Fischer, Director
23807 98th Avenue South
Kent, Washington 98031
or to other such respective addresses as either party hereto may
hereafter designate in writing.
it
33. NON-WAIVER. No failure of the Lessor to insist upon the
strict performance of any provision of this lease shall be
construed as depriving the Lessor of the right to insist on strict
performance of such provision or any other provision in the future.
No waiver by Lessor of any provision of this lease shall be deemed
to have been made unless expressed in writing and signed by the
Lessor. No acceptance of rent or any other payment by Lessor by
Lessee after any default by Tenant shall constitute a waiver of any
such default or any other default. Consent by Lessor in any one
instance shall not dispense with necessity of consent by Lessor in
any other instance.
34. ATTORNEYS FEES. If an action be commenced to enforce any of
the provisions of this lease, each party is responsible for its own
attorneys' fees.
35. CAPTIONS AND CONSTRUCTION. The captions in this lease are for
the convenience of the reader and are not to be considered in the
interpretation of its terms.
36. REMEDIES CUMULATIVE. The remedies to which the Lessor may
resort under the terms of this lease are cumulative and are not
i-- intended to be exclusive of any other remedies or means of redress
Ln to which the Lessor may lawfully be entitled in case of any breach
Lo or threatened breach by Lessee of any provision of this lease.
CD
CT
CD 37. TIME IS OF THE ESSENCE. Time is of the essence to this lease.
dr' 38. SEVERABILITY. If any term or provision of this lease or the
ON application of any term or provision to any person or circumstance
is invalid or unenforceable, the remainder of this lease, or the
application of the term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force.
IN WITNESS WHEREOF, the parties have executed this lease and
sub cribed their names as of the of
1993 .
—T
12
LESSO CITY OF KENT` J
BY l/
TIT MAYOR Tiu
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that T
is the person who appeared before me, and said person
acknowledged thatshe signed this instrument, on oath stated thatshe
was authorized to execute the instrument and acknowledged it as the
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to be the free and voluntary act of such party for the uses and
urposes mentioned in the instrument.
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o`F•;��'s, otary ubl c in and for the tate c
06 0.-. . of Washington, residing
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«. Ry m w= i My commission expires
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r1'.SLEE: VALLEY COMMUNICATIONS CENTER
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BY
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me,
and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and
acknowledged it as the Zc ' t/ of the--
P�� �cr� to be the free and voluntary act of such party for
J � the uses and purposes mentioned in the instrument.
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Date: it 2 Z
/ ��0.•"GRA$ •. Notary Public in and for the.Ytate f
Fn,T,of Washington, residing at `r
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011 APPROVED AS TO FORM: APPROVED AS TO FORM:
TITLE C 12j)I LE . A�' '
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14
EXHIBIT A
The West 45 feet of the South 75 feet of the following described
property:
That portion of the Northwest quarter of the Northwest quarter of
the Southwest quarter of Section 27, Township 22 North, Range 4
East, W.M. , in King County, Washington described as follows: The
South 250 feet of the North 470 feet of the East 210 feet of the
West 570 feet of said Northwest quarter of the Northwest quarter of
the Southwest quarter; EXCEPT that portion thereof described as
follows: Beginning on the East line of said tract a distance of
110 feet South when measured from the Northeast corner thereof;
thence running Southwesterly to a point--on the South line of said
tract a distance of 65 feet West when neasured from the Southeast
corner thereof; thence East along said South line to the Southeast
corner of said tract; thence North to the Point of Beginning.
1C)
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ExHIBiT `6
SITE CONDUCT REGULATIONS .
The Cambridge site is situated in the middle of several tracts of land owned by Kent that have
numerous public and governmental uses including a park, a fire station and a water tank and
pump site. As such, it is important that the radio site area be maintained in a visually appealing
manner to fit the upkeep of the surrounding property.
The site will be kept clear of any debris and accumulation of weeds or other brush.
No equipment or material will be stored in the yard area of the site unless it is to support work
in progress and then it shall not be stored any longer than necessary to complete the work.
The building will be maintained so that its appearance is in harmony with the fire station area.
There is no garbage service to the site. Large accumulations of trash will be removed from the
site as they are created by work in progress. Minor accumulations of trash may be disposed of
in the fire station's dumpster.
Access to the site is via an outer gate that has several locks in series on it. It is very important
that the lock series be properly maintained when securing the site so as not to lock out other
authorized access.
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EXHIBIT G
WESTRN WASHINGTON
COOPERArNEfNTERFERENCE
CCMMR7EE
WESTERN WASHINGTON COOPERATIVE INTERFERENCE COMMITTEE
WWCIC ENGINEERING STANDARD 46 REV B. (I1-88)
FOR EMISSION DESIGNATOR 20A0 thru 3 & 20FO thru 3
All communications fixed transmitter installations shall employ isolators or
alternative techniques meeting the same criteria, to minimize spurious radiation
and inter-modulation products. AdG tional filtering required according to frequency
and interconnect devices are listed below:
1. Transmitters in the 25 to 54 MHz range shall have isolation of at least 20 dB
followed by a low pass filter, then a band pass filter or cavity providing a
minimum of 30 dB attenuation removed 1.0 MHz from the operating
frequency.
2. Transmitters in the 66 to 88 MHz range shall have at least 25 dB of isolation
followed by a band pass cavity providing at least 20 eE of attenuation
1.0 MHz from the operating frequency.
co3. Transmitters in the 130 to 225 MHz range shall have at least 50 dB of
0 isolation followed by a low pass filter and band pass cavity with a minimum
117* of 25 dB attenuation 1.0 1,?Hz removed from the operating frequency.
O
O 4. Transmitters in the 400 to 470 MHz range shall have at least 50 dB of
11;r isolation followed by a low pass filter and band pass cavity with a minimum
t7s of.15 dB of attenuation 1.0 NfHz removed from the operating frequency.
5. Transmitters in the 806 to 960 MHz range shall have at least 50 dB of`
isolation followed by a low pass filter and band pass cavity with a minimum
of 15 dH of attenuation 1.0 MHz removed from the operating frequency.
The following general engineering standards shall be observed:
1. A band pass cavity or crystal filter Is recommended at the input of all
receivers. Its purpose is to protect against RF energy "off frequency" from
mixing in a non-linear device such as the first RF amplifier in a receiver,
which can re-radiate causing interference.
2. The band reject duplexer (cross notch duplexer) may not be used without a
cavity/isolator outlined above.
3. Single braid coax cable is prohibited. Double shielded cable must have over
98.5`6 shield coverage.
4. Jacketed coaxial cable is required, unjacketed transmission line_ of any type is
prohibited.
One Newport, Suite 414, 3605-132nd Aue_ SE, Bellevue, WA 98006
23/3065/20
01/03/89
5. Use of "N" or "TNC" connectors is preferred over other non constant
impedance types. Every effort should be made to prevent the use of coax
adaptors.
6. All equipment is to be grounded and shielded. Grounding is to be done with
copper strap or heavy braid to a station ground grid. The "green wire" of the
AC power plug is not an acceptable grounding point.
7. Transmitting systems must be checked periodically, which includes the
isolator, VSIVR on the load port of the isolator and overall system insertion
loss.
8. Bare metallic ties are prohibited for securing transmission Iines to tourers. In
the case of 1a ee lines, use of stainless steel or galvanized hangers is
permitted. Hardware capable of rusting and dissimilar metals are prohibited.
Transmission lines are to be insulated from metallic structures/objects. It is
1` the duty of the installation personnel to prevent "diode junctions" from taking
n place.
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V 9. All Ioose wire or metal objects are be removed from the tower and site.
O Metal fencing should be plastic coated.
C'
q 10. All equipment shall be licensed and operated in full accordance with all
applicable rules and regulations of the regulating agency (FCC, NTIA). There
shall be no modifications which violate "FCC Type Acceptance."
11. It is recommended that all equipment be Iabeled with the owners name end a
current 24-hour telephone contact number (service agency is acceptable).
12. Every effort should be made to protect the equipment from lightning damage.
Feed-through lightning protectors should be used on all coaxial cable
connections to equipment enclosures- Gas, gap and MOV protectors should be
used on control, audio, telephone and power connections.
INTERFERENCE POLICY STATEMENT
In the event radio interference (RI) occurs and the above standards are complied
with, additional isolators, filters, cavities, etc. may be required to correct specific
problems.
Involved systems, not in full compliance with these standards, will be asked to
comply immediately.
The standards listed are minimums found to be good engineering practice in the
operation and maintenance of electronic sites.
23/3065/20
01/03/99
10 T
K,E,,NT Records Management Document
CONTRACT COVER SHEET
This is to be co fete by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856--5725.
F-1 Blue/Motion Sheet Attaiched
0 Pink Sheet Attached
Vendor Name: Valley Communications Center
Vendor Number (JDE):
Contract Number (City Clerk):
Category: Lease Agreement ............
Sub-Category (if applicable): Extension---_-------
Project Name: Lease at Cambridge Site
Contract Execution Date: 3/22/18 Termination Date,: 12/31/19
Contract Manager: Michelle Novak Department: PW: Engineering
Contract Amount: 3,180/yea
Approval Authority: E] Director E] Mayor Z City Council
Other Details:
THIRD ADDENDUM TO LEASE AGREEMENT BETWEEN THE CITY OF KENT
(LESSOR) AND VALLEY COMMUNIATIONS CENTER (LESSEE)
This THIRD ADDENDUM TO LEASE AGREEMENT ("Third Addendum") is made
this day of January, 2018, by and between the City of Kent, a municipal
corporation formed pursuant to RCW 35A ("Lessor"), and Valley Communications
Center, an administrative agency formed pursuant to RCW 39.34 ("Lessee").
RECITALS
A. Lessor and Lessee entered into that certain Lease Agreement dated
November 22, 1993 (the "Initial Lease"), as amended by that certain First Addendum to
Lease Agreement dated as of January 8, 2010 (the "First Addendum") and that certain
Second Addendum to Lease Agreement dated December 14, 2016 ("Second
Addendum") for certain real property located in the City of Kent, State of Washington as
described in Exhibit A to the Initial Lease (the "Premises"). The term "Amended Lease"
shall mean the Initial Lease as amended by the First Addendum and Second Addendum.
As used herein the term "Lease" shall mean the Amended Lease as further amended by
this Third Addendum.
B. The parties desire to amend the Amended Lease to extend the term of the
Amended Lease as more fully set forth below.
C. Except as otherwise specifically defined herein all capitalized terms shall
have the meanings assigned in the Amended Lease.
AGREEMENT
In furtherance of the Recitals set forth above, which are incorporated herein by
reference, and in consideration of the mutual promises and covenants set forth below,
and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties acknowledge and agree to the following:
1. Second Extended Term. The term of the Lease is hereby extended for
twenty-four (24) months ("Second Extended Term") commencing on January 1, 2018 and
terminating on December 31, 2019. If not renewed or terminated as provided in the Lease
and its Addenda, the term will automatically extend on a month-to-month basis, terminable
by either party upon providing at least 30 days prior written notice.
2. Rent Payment. Lessee shall pay to Lessor the sum of $3,180.00 for each
additional year on or before January 31 of each respective year as rent for the Second
Extended Term. If extended on a month-to-month basis, Lessee's rent will be $265.00 per
month.
3. Condition of Premises. Lessee leases the Premises during the Second
Extended Term in as-is, where-is condition and acknowledges that Lessor has not agreed
to and shall not be required to make any improvements or alterations to the same.
3. Brokers. Each party warrants to the other party that it has not dealt with any
broker or agent in connection with the negotiation or execution of this Third Addendum.
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Each party shall indemnify, defend and hold the other party harmless from and against all
costs, expenses, attorneys' fees, liens and other liability for commissions or other
compensation claimed by any broker or agent claiming the same by, through, or under
such party.
4. Entire Agreement. This Third Addendum and the Amended Lease
constitute the entire agreement between Lessor and Lessee with respect to the subject
matter of this Third Addendum.
5. Full Force and Effect. Except as specifically set forth herein, the Amended
Lease is and remains in full force and effect and binding on the parties. Lessee confirms
that Lessor is not now and has not in the past been in default under the Lease, and Lessee
has no claim against Lessor for damages or offset of any type.
6. Authority. Each party acknowledges that it has all necessary right, title and
authority to enter into and perform its obligations under this Third Addendum, that this Third
Addendum is a binding obligation of such party and has been authorized by all requisite
action under the party's governing instruments, that the individuals executing this Third
Addendum on behalf of such party are duly authorized and designated to do so, and that
no other signatories are required to bind such party.
7. Counterparts. This Third Addendum may be executed in one or more
facsimile or pdf counterparts, each of which shall be deemed the original, but which
together shall constitute one and the same instrument.
8. Ratification. The parties hereto ratify all past acts of the parties taken
consistent with the terms and conditions of the Amended Lease.
IN WITNESS WHEREOF, the parties have executed this Third Addendum as of the
date set forth above.
LESSOR:
CITY OF KENT
By: ..........
Name: Dana Ralph
Title: Mayor
LESSEE:
VALLEY COMMUNICATIONS CENTER
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STATE OF WASHINGTON
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person who
appeared before me, and she 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.
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95' 2018.Dated this day ofltua:r&y�
[Signature of Notary]
NOTARY PUBLIC in and for the State of
Washington, residing at Z�
My commission expires:
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STATE OF WSHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and she acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Executive Director of Valley Communications Center to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated this i day of J-a-n—uary, 2018. Cl-
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[Signature of Notary]
NOTARY PUBLIC in and for the State of
Washington, residing at
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