Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
L17-081 - Original - Clear Wireless LLC aka Sprint Corp. - Pump Station 5 Communication Tower Lease - 07/01/2016
4^0 CITY CLERK CITY OF KENT MENT 4�V !,11 1�C,T D 11 220 4" Avenue South Kent, WA 98032 Fax: 253-856-6725 PHONE., 253-856-5725 Lease Agreement over Sheet This document is to be used in lieu of the Contract Cover Sheet SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: 0_1 - 05 1. Responsible Department/Division: Public Works / Water Division 2. Contact Person and Title: Sean Bauer, Water Systems Manager Telephone Extension: 5610 3. Tenant (Customer) Name: Clear Wireless AKA: Sprint Corp. 4. Tenant (Customer) Number: 800.357.7641/ Landlord Solutions 5. General Ledger Account Number: 6. King County Tax Parcel Number: 1822059o55 SP#84-10 Recording #8,412200589 7. Address of Parcel: Pump Station 5 - 23825 98th Ave S Kent, WA 8. Type of Lease: Communications Tower 9. Council Authorization Date: May 16, 201,7 10. Mayor Signature Date: SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: Retroactive to July 1, 2016 "Commencement Date" 11 Tenant Lease Option Renewal Notification Due Date: Option to renew Lease for two additional five-year periods - subject to the adjusternent of Monthly Rent 13. Lease Termination Date: 90 calendar days before the end of the then- current term. 14. Lease Duration: 10 Years SECTION 3 - RENT DETERMINATION AND DUE DATE: Lease Agreement Cover Sheet—Page 1 of 3 15. Rent: $2,600 X .1284 (lease hold tax) = $2,933.84 total 16. Rent Due Date: 1" Day of the Month 17. Calculation of Rental Increase(s): Monthly during Yrs. 2-10 of the initial 10 yr. term - for yrs. 2-5 of each optional 5-yr. rental term thereafter shall be increased effective each anniversary of the Commencement Date by the amount equal to 4%. SECTION 4 - LEASEHOLD EXCISE TAX: 18. Is this lease subject to leasehold excise taxes? ® YES (go to Question 19) ❑ NO, reason: 19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly collected from the tenant by the Washington State Department of Revenue? ® YES (attach written verification received directly from DOR or indirectly through the tenant, e.g. DOR notification letter) ❑ NO (go to Question 20) 20. Does Lease Rent include Leasehold Excise Tax? (Leasehold taxes must be broken out on the invoice and coded: Business unit.32500.0303) ❑ YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284) ® NO Calculate the leasehold excise tax (Stated Rent times .1284) SECTION 5 - APPLICABLITY OF UTILITIES: 21. Applicability of Utilities - Check all that utilities that are affected and indicate provider (e.g. City of Kent), Account Number or basis of exclusion. ❑ Does Not Apply ❑ Water: ❑ Sewer: ❑ Drainage: ❑ Garbage: ® Electricity/Natural Gas: SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: 5% of monthly rent charge for late rent. 23. Late Interest: 1% per month on amounts not paid. Lease Agreement Cover Sheet—Page 2 of 3 SECTION 7 — OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc ® None (check box if no considerations) Lease Agreement Cover Sheet—Page 3 of 3 000�40 KENT Agenda Item: Consent Calendar - 7F wa,. —r.TC'. TO: City Council DATE: May 16, 2017 SUBJECT: Clear Wireless, LLC, Communication Tower Lease Agreement at Pump Station #5 - Authorize MOTION: Authorize the Mayor to enter into a lease agreement with Clear Wireless, LLC, to operate and maintain a wireless communication facility at the Pump Station #5 site, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Clear Wireless, LLC, (tenant) is requesting authorization to operate a wireless communications facility at the Pump Station #5 site located at 23825 98th Avenue South. This lease will retroactively commence on July 1, 2016, and end on the date that is one day before the 10-year anniversary of the commencement date. Additionally, the tenant shall have the option to renew this lease for two additional five-year periods so long as the tenant is not in default. Tenant will pay rent in the amount of $2,600 per month, plus any leasehold tax that may be required by law. Rent will generally increase annually by 4%. However, during the first year of each renewal term, the rental rate will be adjusted to market rate. Thereafter, rent will again increase annually by 4%. EXHIBITS: Lease Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACTS: No budget impacts to the water utility LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is entered into as of the Effective Date (as defined below), by and between the CITY OF KENT, a Washington municipal corporation ("Landlord"), and CLEAR WIRELESS LLC, a Nevada limited liability company, with its principal address 6391 Sprint Parkway, Overland Park, Kansas 66251 ("Tenant"), for a wireless communications facility located at 23825 98t" Avenue South, Kent, Washington ("Pump Station 5"). BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located in the City of Kent, King County, Washington, legally described on the attached Exhibit A (the "Property"). B. Tenant is in the communications business and desires to lease that portion of the Property as depicted on the attached Exhibit B, together with a nonexclusive access easement, as depicted on the attached Exhibit C. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that portion of the Property as depicted on the attached Exhibit B (the "Premises") together with a non-exclusive easement for ingress, egress and utilities over the adjacent real property as depicted on the attached Exhibit C (the "Access Easement"). This Lease is not a franchise nor is it a permit to use the City of Kent's rights-of- way. Any franchise or permit must be obtained separately from Landlord. 2. Term and Option to Renew. This Lease shall retroactively commence on July 1, 2016 (the "Commencement Date"), and end on the date that is one day before the 10-year anniversary of the Commencement Date ("Expiration Date"). Additionally, so long as Tenant is not in default of this Lease beyond all applicable notice and cure periods, Tenant shall have the option to renew this Lease for two additional five-year periods, subject to the adjustment of Monthly Rent as described in Section 3. Should Tenant exercise an option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least 90 calendar days before the end of the then-current term. 3. Monthly Rent. a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND SIX HUNDRED AND NO/100 DOLLARS LEASE AGREEMENT AT PUMP STATION 5 -Page 1 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) ($2,600.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, beginning on the Commencement Date. Subsequently, the Monthly Rent and all taxes due shall be paid in advance, on or before the first day of every following month during the term hereof. All payments shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. Notwithstanding the foregoing, Landlord acknowledges that Tenant pays the leasehold tax related to this Property directly to the Washington State Department of Revenue. b. Tenant shall pay Landlord a late payment charge equal to five percent of the Monthly Rent for any payment not paid within five calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent per month. C. The Monthly Rent during years two through 10 of the initial 10-year term, then for years two through five of each optional five-year renewal term thereafter, shall be increased effective as of each anniversary of the Commencement Date by an amount equal to four percent. d. The Monthly Rent during the first year of each five-year renewal term will be adjusted to Market Rent. As used herein, "Market Rent" means the rent paid for similar uses on similar properties in the greater Puget Sound area. Landlord shall propose the updated Market Rent no later than 60 days prior to the end of the then-current term. If Landlord and Tenant cannot mutually agree upon Market Rent within 30 days after Landlord presents its proposal for Market Rent, then the Lease will terminate at the end of the then current term. e. Monthly Rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. Use of Premises. a. Tenant may use the Premises for the purpose of locating, maintaining, operating, replacing, removing, and upgrading the wireless communications facilities on an antenna tower owned by Landlord as depicted on the attached Exhibit D ("Improvements"). Tenant shall use the Premises for no other purpose. b. Tenant shall, at its sole expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Improvements and/or the Premises. 5. Tenant Improvements, Plans, Bonds. a. (1) Tenant may improve the Premises by constructing the Improvements as depicted on Exhibit D. Tenant is responsible to provide all labor, materials, and equipment necessary for the Improvements. Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all LEASE AGREEMENT AT PUMP STATION 5 -Page 2 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLQ (2016) Improvements to Landlord for Landlord's written approval, which approval shall not unreasonably withheld by Landlord. Construction, installation, or alteration of Improvements shall not be commenced until plans for such work have been approved in writing by the Landlord and all necessary permits have been properly issued. Landlord's Public Works Department shall give such approval or provide Tenant with its requests for changes within 30 business days of Landlord's receipt of Tenant's work plans. The plan and specifications review schedule described above does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, and Tenant shall pay all permit costs in addition to rent described in Section 3. (2) All Improvements shall be constructed in a workmanlike manner without the attachment of any liens to the Property and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations. If any lien is filed, such lien shall be removed from the Property or bonded over, per RCW 60.04.161, within 20 calendar days of the lien being recorded with the King County Recorder's office. (3) Tenant shall conform and comply with all local land use, regulatory, or building permit conditions issued by the City of Kent or any other agency with jurisdiction in connection with the construction, operation, or maintenance of Tenant's Improvements and the Improvements contemplated in this Lease. (4) No Improvements or modification to Improvements shall be made without the Landlord's consent, which consent will not be unreasonably withheld, conditioned or delayed. Moreover, any Improvements or modifications to Improvements are subject to the conditions set forth in Sections 5 (a)(1), (2), (3), and (4). Notwithstanding anything to the contrary contained herein, Tenant may perform routine maintenance and repairs, make like-kind or similar replacements of Improvements, and make modifications within the interior of any shelters or base station equipment without Landlord's consent; provided, however, that this provision shall not relieve Tenant of its responsibility to obtain all necessary permits and approvals for such work, whether it be from Landlord or any other agency with jurisdiction. (5) Tenant shall consult with Landlord to arrange a time it will conduct construction of any Improvements. Tenant agrees to adhere to the pre- arranged schedule for construction of Improvements. (6) Upon completion of the Improvements, Tenant shall remove all debris left from the installation of the Improvements, including any abandoned equipment left by Tenant's contractors, at Tenant's own cost. (7) Tenant shall not install any Improvements any higher than 140 feet on the lattice tower. b. (1) Tenant shall remove the Improvements from the Premises within thirty (30) days following the expiration or earlier termination of the Lease, unless Landlord determines that the Improvements may remain or Landlord consents to their non-removal pursuant to Section 5(b)(4) below. Such removal shall be done in a LEASE AGREEMENT AT PUMP STATION 5 -Page 3 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Other Providers as described in Section 6(a), Landlord, or any of Landlord's assignees. (2) Upon removal of the Improvements as provided above in Section 5(b)(1), Tenant shall restore all affected areas of the Property, the Premises and the Access Easement, normal wear and tear excluded, to the reasonable satisfaction of Landlord. (3) All costs and expenses for the removal of the Improvements and restoration of the Property, and the Premises shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. (4) If Landlord agrees that the Improvements may remain or Tenant requests permission to not remove all or a portion of the Improvements upon termination of this Lease, and Landlord consents to such non-removal, title to the affected Improvements shall be transferred to Landlord via bill of sale, at market rates, and shall become the sole and exclusive property of Landlord, and Tenant shall be relieved of its duty to otherwise remove them. Any personal property, equipment, or Improvements that are not removed within 30 days following the termination of this Lease shall become the property of Landlord, at Landlord's option. C. Tenant shall annually post a bond (or, at Tenant's option, a letter of credit) from a surety or bank reasonably acceptable to Landlord, in the amount of Fifteen Thousand Dollars ($15,000.00). Landlord may use these funds at the termination of the Lease for removal of all improvements and repair of the Property, the Premises and the Access Easement should Tenant not comply with the requirements of this section. 6. Use by Other Providers. a. Tenant shall reasonably cooperate with each new other provider that Landlord leases to ("Other Provider") in connection with the Other Provider locating and placing its antennae and other facilities on the Premises and in the ancillary support facilities. b. Each new Other Provider shall be solely responsible for the cost of locating and placing its equipment on the Premises. The Other Provider shall also be responsible for any liabilities that arise from the Other Provider's use of the Premises. 7. Net Lease. Landlord shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises or Access Easement, with the exception that Landlord is solely responsible for the maintenance of the Pole, unless the Pole is damaged by Tenant or Tenant's agents, employees, licensees or contractors, in which case Tenant shall repair such damage. The parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net basis. LEASE AGREEMENT AT PUMP STATION 5 -Page 4 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) 8. Maintenance. a. Tenant shall, at its own expense, maintain the Premises, and all Improvements, equipment and other personal property on the Premises in good working order, condition and repair. Tenant shall keep the Premises and Access Easement free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. Tenant shall repair any damage that it causes to the Access Easement (less reasonable wear and tear or loss by casualty or other causes beyond Tenant's reasonable control). Tenant shall remove graffiti at its own cost within 72 hours of receipt of notice to remove by Landlord. Landlord may remove graffiti at its own cost without notice to Tenant. Tenant shall install, maintain, and replace, when necessary, all landscaping described in Exhibit D, at Tenant's sole expense and in accordance with any necessary City of Kent permits. The use of herbicides or insecticides by Tenant on the Premises and Access Easement is strictly prohibited. Landlord shall be responsible for any damages to the Access Easement caused by use of the Access Easement by Landlord, or Landlord's agents, Other Providers, employees, licensees, invitees or contractors, and shall be responsible for maintaining and repairing the Access Easement, which costs shall be Landlord's sole responsibility, subject, however, to Tenant's restoration obligations pursuant to Section 5(b)(2) of the Lease. b. In the event Landlord or any other tenant undertakes painting, construction or other alterations on Landlord's Property described in Exhibit A, Tenant shall take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or Improvements and protect them from paint and debris fallout that may occur during the painting, construction or alteration process. This requirement shall not be interpreted as a waiver of any claim Tenant may raise either against Landlord or any third party due to the Landlord or the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's equipment, property, and facilities as required above. 9. Access. Landlord and its agents shall have the right to enter the Premises at all times, to examine and inspect the Premises; provided, however, that in no event will Landlord, its employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's Improvements. Tenant shall have 24-hours-a- day, 7-days-a-week access to the Premises to address emergency issues. Tenant shall provide five business days' notice to Landlord for access to the Premises for non- emergencies or regular maintenance. Tenant or Tenant's employees, agents, or contractors shall check in at Landlord's Parks, Recreation and Community Services Department front counter prior to accessing the Premises during regular business hours of 8:00 a.m. to 5:00 p.m. 10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 11. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or LEASE AGREEMENT AT PUMP STATION 5 -Page 5 of 16 (Landlord:City of Kent; Tenant: Clear Wireless, LLC) (2016) occasioned by Tenant's use of the Premises and Access Easement. 12. Approvals; Compliance with Laws. Tenant's use of the Premises and Access Easement is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate the Improvements in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies. 13. Interference. a. Tenant's installation, operation, and maintenance of the Improvements shall not damage or interfere in any way with Landlord"s activities on the Property. Tenant agrees to correct, within 30 calendar days of receipt of notice of interference from Landlord, all such actions that materially interfere with Landlord's use of the Property. Tenant agrees to promptly commence good faith efforts to cure interference upon actual written notice of such interference. If the interference cannot be corrected without Tenant's wireless signal coverage goals from the Premises being materially impaired, Tenant shall have the right to terminate the Lease., b. Before approving the placement of the Improvements, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Property. C. In the event that an Other Provider requests a lease from Landlord to place any type of antennae or transmission facility on the Premises, Landlord shall submit a proposal complete with alll technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any specifications or information claiimed to be of a proprietary nature by any third party. The Other Provider shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have 15 calendar days following receipt of said proposal to make any objections thereto, and failure to make any objection within this 15-day period shall be deemed consent by Tenant to the installation of antennae or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during this 15-day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the Other Provider modifies the proposal in, a manner determined, in Landlord's reasonable judgment, to adequately eliminate reasonable interference concerns asserted by Tenant. In that case, Landlord may proceed with the proposal. In the event the Other Provider actually interferes with the operations of Tenant, Landlord shall require the Other Provider cease operation until the interference can be eliminated. A governmental unit may be allowed to place antennae or other communications facilities on the Premises as long as there is no interference with Tenant's use. 14. Default. It shall be a default if: a. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within 15 calendar LEASE AGREEMENT AT PUMP STATION 5 -Page 6 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) 4k days after written notice of default is received by Tenant; b. Tenant removes its Improvements on the Premises for a period longer than six consecutive months and fails to replace them during such time period; C. Tenant fails, at any time during this Lease (including optional renewal periods), to conform or comply with any local land use, regulatory, or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of Tenant's facilities contemplated in this Lease, and such failure is not cured within 30 days after receipt of written notice; provided, however, that Tenant will not be in default under this subsection if it begins to cure the alleged failure within the 30-day period and thereafter diligently prosecutes the cure to completion; d. Tenant is finally adjudicated as bankrupt or makes any assignment for the benefit of creditors; e. Tenant becomes insolvent; f. Either party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within 30 calendar days after written notice from the non-defaulting party specifying the default at issue; provided, however, that neither party will be in non-monetary default under this subsection if it begins to cure the alleged default within the 30-day period and thereafter diligently prosecutes the cure to completion; or g. Tenant fails at any time to maintain insurance as required in Section 22 of this Lease and Exhibit E and such failure is not cured within 10 days following Tenant's receipt of written notice of such failure. 15. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord may, at any time after the specified notice period has run, cure the default for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act that will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs and damages shall be deemed to be Additional Rent and shall be due from Tenant to Landlord within 30 days following Tenant's receipt of an invoice together with reasonable supporting documentation evidencing such sums and expense. If Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant will pay such Additional Rent "under protest". Any payment under protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights under this Lease, and such payment shall be subject to refund if Tenant's position is upheld by a court of competent jurisdiction. 16. Optional . Termination. Except for instances of default as set forth in Section 14, this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the LEASE AGREEMENT AT PUMP STATION 5 -Page 7 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) construction and/or operation of Tenant's business under this Lease or Tenant, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary; (b) by Landlord upon 180 calendar days' prior written notice to Tenant, if Landlord decides, in its sole discretion for any reason, to discontinue use of the Premises for municipal or public purposes; (c) by Landlord or Tenant if there is a determination made pursuant to an official unappealable order of the FCC that continued use of the Premises by Tenant is in fact a threat to public health, safety or welfare that cannot be remediated; (d) by Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (e) by Landlord if Tenant loses its license to provide PCS/cellular service for any reason, including, but not limited to, non-renewal, expiration, or cancellation of its license. 17. Damages. In the event of an instance of Tenant's default as identified in Section 14 or Tenant's optional termination in Section 16(a), Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination; and liquidated damages in the amount of six months' additional rent, at the rate then existing as of the date of termination, without regard to annual increases. 18. Termination: Notice. Except as otherwise provided above in Section 16(b), any notice of termination pursuant to Section 16 shall be given to the other party in writing at least 30 calendar days prior to the termination date in accordance with the provision of Section 28. 19. Damage or Destruction. If Tenant's Improvements or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Premises through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon 30 calendar days' written notice to Landlord. In such event, Tenant shall promptly remove all Improvements from the Premises as set forth in Section 5(b) above. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of any Monthly Rent prepaid by Tenant. Landlord shall have no obligation to repair any damage to any portion of the Property, the Premises or the Access Easement. 20. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving 30 calendar days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, and Improvements. LEASE AGREEMENT AT PUMP STATION 5 -Page 8 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) 21. Indemnity. a. Disclaimer of Liability: Except for the negligence or willful misconduct of Landlord, Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Property, the Premises, the Access Easement, and any Improvements made by Tenant. b. Indemnification: Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: (1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy, and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of Tenant's Improvements, Tenant's use of the Premises and Access Easement, or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. (2) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises, Access Easement, and Tenant's Improvements. Tenant shall cause such claim or lien covering Landlord's Property to be discharged or bonded per the requirements in Section 5(a)(2) above. (3) Notwithstanding the foregoing, Tenant shall not indemnify, defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the Landlord's negligence or willful misconduct. C. Assumption of Risk: Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on or about the Property, the Premises and the Access Easement. Tenant's assumption of risk shall not apply to any latent defects or other dangerous situations, if Landlord knows or should know that defect or situation exists but LEASE AGREEMENT AT PUMP STATION 5 -Page 9 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) has not disclosed that information to Tenant. d. Defense of Indemnitees: In the event any action or proceeding is brougiht against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenaint's sole cost and expense, diligently resist and defend the same; provided, however, that Tenant shall not admit liability in any such matter on behalf of the Indemnitees without the written consent of Landlord and provided further that Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses: Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 21. Nothing herein shall prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's attorney, so long as the participation is coordinated with Tenant's attorney. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of- pocket expenses, such as the reasonable vailue of any services rendered by Landlord's attorney; the actual expenses of Landlord's agents, employees, or expert witnesses; and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings. Provided, however, these expenses shall not include attorneys,' fees for services that are unnecessarily duplicative of services provided to Landlord by Tenant. 22. Insurance. Tenant agrees to comply with the insurance requirements of Exhibit E at all times during the term of this Lease. Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. 23. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises and Access Easement will not generate any hazardous substance, and it will not negligently or intentionally store, or dispose, or transport over the Premises and Access Easement any hazardous substance in violation of any federal or state law. Tenant further aigrees to hold Landlord harmless from and indemnify Landlord against any release by Tenant of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all reasonable attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence or willful misconduct of Landlord, its employees or agents. Similarly, Landlord warrants that the Premises and Access Easement are free of any hazardous substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous substance by Landlord. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which LEASE AGREEMENT AT PUMP STATION 5 -Page 10 of 16 (Landlord: City of Kent, Tenant: Clear Wireless, LLC) (2016) after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 24. Holding Over. Any holding over after the expiration of the Term of this Lease, with the consent of the Landlord, shall be construed to be a tenancy from month to month and rent shall be paid by Tenant at 125% the Monthly Rent but shall otherwise be on the same terms and conditions herein specified, so far as applicable. 25. Subordination to Mortgage. Any mortgage now or subsequently placed upon the Property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents reasonably necessary to indicate this subordination within 30 days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises and Access Easement will not be disturbed so long as Tenant is not in default under this Lease. 26. Acceptance of Premises. With the exception of latent defects and any hazardous substance contamination existing prior to the Commencement Date, by taking possession of the Premises, Tenant accepts the Premises and Access Easement "AS-IS," in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises or Access Easement, or their fitness for any of Tenant's intended uses thereof. 27. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than 30 calendar days' prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force as modified and identify the modifications); (b) the dates to which rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 28. 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 Landlord, to: Public Works Department, Attn: Water System Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 With a copy to: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 LEASE AGREEMENT AT PUMP STATION 5 -Page 11 of 16 (Landlord: City of Kent; Tenant., Clear Wireless, LLC) (2016) If to Tenant, to: Clear Wireless LLC Sprint Property Services Site ID No: SE52XC354 Mail Stop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 With a copy to: Sprint Law Department Attn: Real Estate Attorney Site ID No: SE52XC354 Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 29. Assignment and Subletting. a. Tenant shall not sublet all or any part of the Premises. Tenant shall not assign its interest in this Lease without Landlord's prior written consent, which will not be unreasonably withheld. Consent by Landlord to any assignment shall not constitute a waiver of the necessity of such consent to any subsequent assignment. This prohibition against any assignment or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law. If this Lease is assigned, Landlord may collect rent from the assignee, and apply the net amount collected to the rent and other obligations of Tenant hereunder reserved. Consent by Landlord to an assignment shall not be deemed a waiver or release of Tenant from the further performance by Tenant of the covenants on the part of Tenant hereunder contained. b. If Tenant is a corporation, partnership, or limited liability company, and if the control thereof changes at any time during the term of this Lease, then Landlord at its option may, by giving 10 business days' prior written notice to Tenant, declare such change a breach of this section unless Landlord has previously approved in writing the new controlling party or unless Landlord's approval is not required pursuant to Section 29(d), below. C. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, 11 USC §101, et seq., shall be deemed without further act to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment. Any such assignee shall, upon demand, execute and deliver to Landlord an instrument confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to Landlord, shall be the exclusive property of Landlord, and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any monies or other considerations constituting Landlord's property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to Landlord. LEASE AGREEMENT AT PUMP STATION 5 -Page 12 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) 4k d. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to assign this Lease without Landlord's consent to any of Tenant's partners or affiliates, provided Tenant notifies Landlord within 30 calendar days of such assignment. 30. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity who may be in competition with Tenant, or to any other party, subject to the provisions of Section 13(c) above. 31. Successors and Assigns. This Lease shall run with the land and be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 32. Non-Waiver. Failure of either party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 33. Taxes. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises and Access Easement that are directly the result of Tenant's communication equipment, if any, which become due and payable during the term of this Lease. All such payments shall be made, and evidence of all such payments shall be provided to Landlord, at least 10 calendar days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's Property on the Premises. C. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. LEASE AGREEMENT AT PUMP STATION 5 -Page 13 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLC) (2016) b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There ,are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease 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 lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent, Washington. In the event of claim or litigation to enforce any terms of this Lease, each Party shall be responsible for its own legal costs and attorney fees except as noted in Section 21. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. Landlord covenants that Tenant, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. f. The parties acknowledge that space at the Premises was previously leased between Landlord and Tenant under the terms and conditions of that certain Lease Agreement dated April 20, 2006, with Addendum One To Lease Agreement dated December 6, 2006, Addendum Two To Lease Agreement dated July 27, 2007 and Addendum Three To Lease Agreement dated September 15, 2011 (collectively, the "Prior Lease"). Landlord and Tenant acknowledge and agree that the Prior Lease is terminated effective as of the Commencement Date of this Lease agreement, and that thereafter, the terms and conditions of this Lease agreement shall be the sole instrument governing the leasing of space by Tenant at the Property. THIS LEASE IS EXECUTED and shall become effective on the last date indicated below (the "Effective Date"), If the Effective Date occurs after the Commencement Date, any act consistent with the authority and obligations described herein that takes place after the Commencement Date, but prior to the Effective Date, is hereby ratified and affirmed by the parties to this Lease. LANDLORD: TENANT: CITY OF KENT 7 CLEAR I ELESS LLC 7 By: By: It Print e Print ame: Michael Mizzell Its 4a zette Cook : aV Its: Manager - Vendor Management Date: 7 Date: APPROVED AS TO FORM: 4& -d- Kent Law Department LEASE AGREEMENT AT PUMP STATION 5 -Page 14 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLQ (2016) �� • �. •i-., . -,: ;.> "; p � r ' � t '. 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: t,6� '?_0 /Z -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. v�i, "�oN��,`�,S • - (Signs ure) N i0bous '1 O' NOTARY PUBLIC in and for the State 2�� = of Washington, residing at .1,11 or AS\N!. My appointment expires 7-/8 LEASE AGREEMENT AT PUMP STATION 5 -Page 15 of 16 (Landlord: City of Kent, Tenant: Clear Wireless, LLC) (2016) Ilk ' O �i�j •y`�` ��' MCA ti ." b ® J'^1$ O�,1��1 J STATE OF V9A-SKPW=TON ss. COUNTY OFX.1A 7ja)-YUfel/ 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/ was authorized to execute the instrument and acknowledged it as the j5� j-,;:I— Of Lro (\-04 20- L"-? to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: e26 1—2 _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. (Signa ur NOTARY--k,UBLIC, in and for the State of Washington, residing at My appointment expires JNY�y Pt SALLY JO WERTS ��.MyAp-pt ExP. LEASE AGREEMENT AT PUMP STATION 5 -Page 16 of 16 (Landlord: City of Kent; Tenant: Clear Wireless, LLQ (2016) EXHIBIT A LEGAL DESCRIPTION OF LANDLORD'S PROPERTY Lot 1, City of Kent Short Plat SP 84-10, recorded under Recording Number 8412200589, being a portion of the north half of the southwest quarter of the southeast quarter of the southeast quarter in Section 18, Township 22 North, Range 5 East, W.M., King County, Washington. EXHIBIT B DEPICTION OF PREMISES All that portion of Lot 1, City of Kent Short Plat Number SP 84-10, recorded under Recording Number 8412200589, records of King County, State of Washington, being a portion of the north half of the southwest quarter of the southeast quarter of the southeast quarter in Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: The south 20 (twenty) feet of the north 30 (thirty) feet of the east 30 (thirty) feet of the west 40 (forty) feet, as measured along the north line, of said Lot 1; Containing 600 square feet; Situate in the County of King, State of Washington. EXHIBIT C LEGAL DESCRIPTION OF ACCESS EASEMENT All that portion of Lot 1, City of Kent Short Plat Number SP 84-10, recorded under Recording Number 8412200589, records of King County, State of Washington, being a portion of the north half of the southwest quarter of the southeast quarter of the southeast quarter in Section 18. Township 22 North, Range 5 East, W.M., in King County, Washington, described as foUlows: The north 15 (fifteen) feet of the east 500 (five hundred) feet of said Lot 1; TOGETHER WITH the north 30 (thirty) feet of said Lot 1 lying easterly of the west 40 (forty) feet of said Lot 1, as measured along the north line, thereof, Except he east 500 (five hundred) feet thereof. Containing 10,100 square feet, more or less; Situate in the County of King, State of Washington. EXHIBIT Q SCOPE OF WORK TO BE COMPLETED BY CLEAR WIRELESS, LLC (No proposed changes to existing installation, see attached drawings) EXHIBIT E INSURANCE REQUIREMENTS Insurance Tenant shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of City of Kent facilities. A. Minimum Scope of Insurance Tenant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form at least as broad as CG 00 01 and shall cover premises liability, contractual liability, products-completed operations liability, and independent contractors liability. The City of Kent shall be named as an additional insured on Tenant's Commercial General Liability insurance policy using a form at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance Tenant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. The coverage amounts set forth may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: EXHIBIT E (Continued) 1. Tenant's insurance coverage shall be primary insurance with respect to the City of Kent. Any Insurance or self-insurance coverage maintained by the City of Kent shall be excess of the Tenant's insurance and shall not contribute with it. 2. Tenant is contractually obligated to provide at least 30 days prior notice to owner in the event of cancellation of any coverage related to this contract. 3. Tenant's insurance coverage shall be written on an Occurrence basis only. Claims made coverage is not acceptable. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-,VII. E. Verification of Coverage Tenant shall furnish the City with original certificates and a copy of the additional insured endorsement, evidencing the insurance requirements of the Tenant. Landlord shall be named as an Additional Insured. F. Contractors Tenant agrees to ensure all Contractors, sub-Contractors, Consultants or other parties utilized by Tenant to perform work on City of Kent property are fully insured to the extent of coverage specified in this Lease. G. Waiver of Subrogation Tenant and Landlord hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or Tenant's Improvements. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. H. Landlord's Property Insurance Landlord shall purchase and maintain during the term of the lease, all-risk property insurance covering all applicable City of Kent property. CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDWYYYY) 4/1/2018 3/28/2017 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONT T NAM444 W.47th Street,Suite 900 PHONE _-- FAX -- Kansas City MO 64 1 1 2-1 906 E-MAIL NC No (816)960-9000 ADDRESS: _ INSURE S AFFORDING COVERAGE NAIC 0 INSURER A: ontinental Casualty Company 20443 INSURED SPRINT CORPORATION INSURER B:American Casualty Company of Reading,PA i 20427 14971 6480 SPRINT PARK WAY INSURER C:Trans rtation Insurance Company _20494 OVERLAND PARK KS 66251 INSURER D:Starr Indemnity&Liability Company 38318 INSURER E INSURER F: COVERAGES SPRC003 CERTIFICATE NUMBER: 14637079 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 1 ,ADDL' UBR' POLICY EFF POLICY EXP LTR. TYPE OF INSURANCE POLICY NUMBER M MMIDDIYYW LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y G1,5082521363 4/1/2017 4/1/2018 EACH OCCURRENCE S 2,000,000 CLAIMS-MADE : X OCCUR PREMISES Ea occurrence S 250,000 CONTRACTUAL LIAB. MED EXP(Any one person) s XXXXXXX X j "TENANTS LEGAL LIAB PERSONAL&ADV INJURY s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i GENERAL AGGREGATE S 10,000,000_� X 'POLICY J'E'CT r I LOC PRODUCTS-COMP/OP AGG !S 3,000,000 OTHER: S A AUTOMOBILE LIABILITY N N; BUA5082521329 4/12017 i 4/12018 COMBINEDSINGLE LIMIT S Ea ecodent 2 000 0 10 X ANY AUTO . BODILY INJURY(Per person) !S XXXXXXX OWNED NLY AUTOS BODILY AUTOS - , BODILY INJURY(Peraoodent).S XXXXXXX HIRED NON-OWNED AUTOS ONLY AUTOS ONLY PPer 8=d DAMAGE S XXXXXXX GmgckccL)crs s Included D X UMBRELLA LAB X OCCUR N N 1000706013171 1/1/2017 '4/1/2018 NCH OCCURRENCE $ 10,000.000 EXCESS LAB CLAIMS-MADE AGGREGATE— S ]O,000,OOO - — DED RETENTIONS S XXXXXXX WORKERS COMPENSATION N PER OTH- C AND EMPLOYERS'LABILITY YIN WC508252 1 2 82 RETRO) 4/12017 4/12015 X;STATUTE ,ER _ B iANYPROPRIETOR/PARTNERIEXECUTIVE WC50925ZIZ96�DEDUCTIBLE) 4/1R017 4/I/2018 EL EACH ACCIDENT S 1,000000 B IOFFICERIMEMBEREXCLUDED? NIA WC5082521279(CA) 4/1/2017 4/12018 C (Myyandatory In NH) GAP5082521315(STOP GAP) 4/I/2017 14/12018 E L DISEASE-EA EMPLOYEE;!S 1,000,000 If DESCRIPs. PTTIION Oribe U OPERATIONS below E L DISEASE-POLICY LIMIT !$ 1,000,000 I I I j i I j DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remado Schedule,may be attached If more apace la required) *FIRE DAMAGE IS INCLUDED IN BROADER TENANTS LEGAL LIABILITY FORM WITH LIMITS OF$1,000,000 PER OCCURRENCE. CITY OF KENT IS AN ADDITIONAL INSURED WHERE REQUIRED BY CONTRACT AND SUBJECT 1.0 POLICY TERMS AND CONDITIONS. RE: INSTALLATION,OPERATION&MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT. LEASED LOCATION:-Site ID:SE52XC354 23825 98TH AVE SOUTH KENT WA CERTIFICATE HOLDER CANCELLATION See Attachment 14637079 CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:MICHELLE NOVAK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 FOURTH AVE. SOUTH ACCORDANCE WITH THE POLICY PROVISIONS. KENT WA 98032 AUTHORIZED REPRESENTA i M ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL WRITTEN NOTICE IN ACCORDANCE WITH THE POLICY PROVISIONS TO THE CERTIFICATE HOLDER NAMED WITHIN THE STATED TIME FRAMES OF 30 DAYS, EXCEPT FOR REASON OF NON-PAYMENT OF PREMIUM AT 10 DAYS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Miscellaneous Attachment: M463964 Master ID: 14971,Certificate ID: 14637079 � REQUEST FOR MAYOR'S SIGNATURE �FKEryT � ueuon Manna+ x"tlui`. en � cFe setM1 Porm9rhe le Novdk a{onry,�a�gr) Si06'o� 5544 es ;OIJ Dare Re'quirea May 24, 201J um Fgn¢a, p manYm M [helle Novdk ��F�T e�e;,,,e;;, WENpORrvhrve bare Fsa�re NouSed Cleer WreYe§sl '� Spt niGmP)' "°u';` 'n` aiE OFCOUN L ovee pRoVn� .MaY. 16 2P16 �'�" a�� 91., � : ms ooNm s� u e�. saenFlui . AEo��ex bzr -:. K praGciYva l5 »schpvg s 'e S TM1s Bret groluy12b16 Yhere �F en oyG k M1p.;,,�pse far two �n � atla G�nal fve otls (W tn�. aC]usfMent) ' ' 'I ro�sn.'rn �art�p�e AW IIFP Z�� GM Jolt/: 20102-ICOI �,r '- NOH7lI z-1 ian I'M 14 z��a g� mZ 1 Sn E _ � n`z OOzg� n� nyi> iY�'ll D N Z 9 m m m a N A m N � F Fo 0 Nz mo w� i nn iz Q T m 9 Q pp 1 N S N T DZ a 0 pT09 m /V ILI O O pl O rm�yF, a4 "4`mz D g aym 4,i ;' a> g ^ate ^o� o y O k 3 C }--� r 6 < 0 S, z Q v ^ � ` o H 2CD >: z 2R A.I-. n A Q ;1- 12 mA g� g� xo� a ��9�c oIF .a � n�a rn � � �g-0i$ Z �A 0 lty,, gy mo agm N gum " �°'� z n Ogo zv cf/NEN /C� u' mm my Zp U y O zpz E O.z NlB1gq AVE l! 1i I A p2 ; I' tr Ht pf D �.� A u JO Wy m N m N C LZpp Zn A l3�..5 P Y V O< J A. IpZfZ,1D ^ m g" A O / xtn RDA Avoaovx g 9t� o yp ixm�m z r C7 u u D AVE $ D nna zi S C� m r H m D z Y y" > m R � y x W m Z AVEE a D (n fr1 rn F3:+m m 1 n D (n y�N Dr m s nr n03 fmvm o z z Z] p \III tv 83AYH166 y � ��1 � - t81SHAYE SE 6I7MA3lE tPt^A%V,E /v m a u,�3S 3Av lSlll O i alol a to AVE 4 Y8H 1 g F (n g v N f 38 tl11190t '� o 0 tlHl 8l O Pl 5B I 1^ 38 dH ISl a5 O F, e aid 1881 vD O m�1pN 1 2>x� A A A y O Z = yoz poi$o<m i i T 1 I t ti = m ,pill b� yyOH m N�PJ yAANO :31 g $ 3 "yFmNn�i S a z a rsl `rl i z m M 0 S a a ps �" "'o�z. p z z z n o g ! a a s B �N Z i myy -IZNtAQ Gl 9 C p O O -m1 III Zay O O ZL)Cyy�D O m O C Z 9 t�/I N VT• 2 K N Z K p Z A A v m p O D j m z D 2 O 1 _ o znpo €o Z t^ O z m Nq� A Jam_ Yn � n�m opy ��vy yi Oz� y Cz m LNip L-1a u�i A Q 2 0 Z z c Imo ar5o m a f1l VT/ �pp0 yA m yC1mD m 2 .w. 2 T Nao pZA,ZAFm1� O :01.1 Ol�+m AO mr1 vp AL^ O F1 m N z'71 0 E 0 T ism zz1 n+ o�oaoc m NON N�Z o 0o�. 9z o 0 0 0 0 o rn a p C C m D ltl C) t7 0PD 2010234.01 ZA A m gF ` c ~z� o� N�8 $ oYz aoe $z oRi�B Di__- �" o0 8cR !NSA a mzs� s u�' "'oH !'�� ��$ v N >ZN`m �zn� �8�'a�t'S "� 1°n0 Ccziz pplly L Li ✓�9 y �p A }4 O O zln O O O s !gym ! yO Sv0 H DO pmp3 O n p TyT tS OVA �m$S A p9 IIL,IIA �1 � G �Z}yT Z~ .nn u2 Cu�� �2 ; Om� yS�i2 Zn p a1gR �gR �SmN NN C' S� 9 N lid pOD ~_� 1 OC o p N co +oi9 � io � F �F oI �� m� 4a pn�„� �m m�� � o� N " 5 z noz zA $ o oFn av �yc£n im s �$ 8p� nzib z z zen 88$ n c p S, Izl$ " < znc 'Qc' Ao• IM y8 F n a ab gn'a� On H S. azmv ' .qy 29 NRi z� 3 yy� o <�m 9 Tz-IA.I PZmZ o28$� ^�� � �m� �mI��Ta Cs" 1IAI mp , O Z pyK n N Y O ODm O- zp Q ZmA A m� mA $m bz F x 2Y5 N ;I�n oA n yNc 9�z g ii +^�^�+5 Ko zil't po- mA 81a I�Q A8 z am DZ'Ip�S`'g 2m zm lac ON v �� ; r3� .aI Ise $_o 9_ In^P._5 mn mri fr fag £ m0 £_v m 2C 03 O= n �N 191 OZy N 'A '29 " NpN pO V vp C N O ;A {��Nn sZa Sy OIn�LI ZoZ1is2NSx rmOrmN SF���..ppmAO ppoJOZ V '2LNNT $ d r 6 � �ra �o is A A5t F zPpy33 io g aR � v=io $ czyxl^O m = Sa nS ; > �� va a v fn nN Cg �, ;^a^�� D a N 3COp s AAA p lz.Ng H y �3 o I: 2 z; n NIA Fm n ymz m ci s,'Inpo 7777nnnnns y� nlzil z " pv �a >m ps-m Iw O �rB D ga A N � �O$ - Op! F N�� N V' j Z p a N-�+ C~ O� 6m NAI� M V/ �; m cm m m !mil a 'pim' o a a �p_ Imo ?A -1 om Fm �� D m m m a G A p n 2m Plx, r z vz v z � Z O M Ln s�f yu €1�i1 AzBo�;gcN ri9$s�a� RI,I KIIIuPPI 59VI b1 o5 cmg $an�a y � v ; ncn g 2gm FlAmm UP XJpO,� a f$^'I f11 $ $zntmn mn ym np uNi ztpo �o zAAO 13�Q{nm AE t'tn �E g ,yy gamZ =9 �N _P n_� CaIZn AI zl� �z0 o 4 'HA SE-1� � R. ON� a.Loml� �L� D�� m�. mn C �� <L� n �Ia AD9 10m=R>r� '�v. -.a �n z' 2 orb ,n �o NI,� A i$Q > m`' A ` n� c 11 Tnm yy yyy QE ¢2 �y1 s zm ('fie- 2 j y j g y yg O a n x p i ggs^y7 p gO m O p Cl� Z a� A j �m W Z .8 t m m N sV1'AFmSlbgiOT"In Qln c$cziAlAni N "m "A ;�> "avz Al 29n Qtm n l"',prz>Np � mrm�l lx1; >> 8. yo n I"3iN 3 > EA. Ax?i c3 yr2 D$ C4v Aln Inn &A O OE $Q<Oy yl� ~p Orl� O A� TL �B Oii <mr A Z mTr E Sa y2 mx F`'SQ$ Z' aA YOA A Z m0 IA�IO p2�Fm z�'^ mm AFd �M< pA 1�$`-� �o n '7' aly m m �a$ m ^al-v a� xNl " Mn1 ov om N uci' �N� oc y'-9a o� m� i $z o'- Ax A o5nQQ$[[ n�illlr$IIIp� Iz/� o ''� c99 �M '�"aa"g �o min° �"m mIvIF -v�i 3gi yZ m�va p�z F o pv rzni4 p N F A m yZ -i �M QA OPL�I�II� m-�CF „A� y-I� O a0 2m 22N VIZ 20 myyCZRZrt O mF.8E5p9pp zA gHO13IR,1 ���nm Am �� 80 mN�AN Am Oto� ml!��JJ� T� ~S Cl-IN N I,In2 am nc.TT.-ZC AIO,IaT 6 IQ pr��II _ pp a�m1�1A n-N y� Z� O Z y Z ma n mm ppcpp Sft99 Op� Znr msm O NZSN ;♦"Il ZO 2 ArU�S YI �A Z(�y =12n a 2m n0 Q;I IIN Cyn2A mOi2�m ¢a¢ nlF�lmA n{{��I^ a.a O m �� IZ-�I� N220 y Pm OZ S gg Kim Fx ��mllrzlrI�1Rf Phu ^IG W,-I 9G� =a 3i �a �mFz°ma �bF� $ zv a m Sa m\ Z m 6"Am= Pg �A`a � oa gmmm Fg gym2 a�n 8 m Cmz ¢¢A �yZcClo n... C�p gyA �b cm ;og� n_ sm z oN25 HUE Ea en p o�� � u� z mz a� '�zf z�v Fj F � � n � _sIa_y� A cceNNm xny O8T �Z; yo Yoc pi$s AI"s � � �GI F, L z m z E czipZmg a€F "� o6 �� Om o N� z$F �6 m a o EC g 8,clmo pnmD a N� �myx �gI. 4"' $N iaENT o; A8 gpA in n N z y Io .I O� �. � A ♦ W N -Cf N 1 W N � 2 _ ox-'Yo $F Fp�z pp$py pup u""' �v$ c>io c �a mTao z on gm n o Imlgoi <o. i piN�c m ar oEo �Noc oar n8 _b > H c $Imi_I �22-.-n z of oilA.l NX cAi A�i'm` As<xoA �N v'a ni F �z- s�'a �sr v o82 2 !ni c' m= G 00 moag ; A o n Amax B$ o �nm NND�c N m oon �n�a8- *�c i� §z A no mac' '^ ar, ;n> bTn i$^'n za iin� gin mN c� ;6m S� o p n ono '� v 7z. ; u_'z ico A. i O nmgAA m x sAf L r m- xb z be<n� o@n@ I�mz A. zvml� Mz maz8$ m x�F�. :S�m o m AxzE g o gpNw $FAo � Iml,r�1n� Wn In A" g$vTn `� A mri� 1O mNy zx m H ;hx rAi lfinmg m D4D Era= rg Lmi o0'-1'� CNN y; cl i�� I� gmoni n azoq A n cm <m Z a i0 onA um coop z$oam 6 ';'A>� c' z zH aA m a i n m $ zo n ..oz nmp O �xm z�"Isni am >e� oi2iN 6 zomm ��i 22N4 Ial x oAn o <I5 g�ga troll 6l�''p bxAc N� ogoA �cnca ;momF a�= $�'F o <8m A on �a n�i- =r �o;z c ;S o m� Aov� °z nz " n -m F °z czCaz-I m nmoT on t Azo. $ _oF smgo`azn; N s o gog sh n _� spa mnqq o'�mno�'A 680� -a ill o a g a'N'�o o Ny a 025 O N e oo< H c mm NN;Z ai A�>c�,� vcu-1 CBvIN�z mnE nxlzc„ Dm �n° s< Oc cn �IaIc�m5nI�^-lAl n zzo � o�> nD ax o mA A �nx s nz $m $E m oz ol^>oZ FFFrmlgiy 62. c 8o 0 0 7 m A7 n a LO - rll Q m v Q� m D W l7 t7 GPD JOBJ:20IO234.01 oA z5Tpa OR o r � o mom (ISjZ C) 320' mNmrmi ' ^ ,n • ^ iY rz, ,y ngvg T 00 n f yO_ O C 310'-fi' �y oxm AA r o '�+ Ate yO,y7'F' In C D `S z z 3 CA 2AA. m r oII$ 2 Qs} e 10 o n � d�4� no i �1 o HIP m m ,o dG) Z to ; o in R N uo iv) x ` Ox ix f1lm� i4 o Z n Z p n C A y(p1 m Oi N m < C Y O �m E Z m �t m� z m m 22u VI? o�Om tim e➢n ZOm ~LS N D ;r n x120'-0' OVERALL u 1 L + IIST c W 3109'-3' TOP OF PROPOSED CLEARWIRE ANTENNA BETA SECTOR 3105'-O' 4 PAD CENER OF PROPOSED CLEARYRRE ANTENNA BETA SECTOR $ 3100'-O' iL ,•.�z m�� 70P OF Ex�5RN0 MONOPOLE g � �= log 0 o� roa55 93 �8 r- \\ ++ OT, F D �O • ��/ xO 0 O�=plpyy V1 f, �a Z H ``�67711 yyO r1� o m_ non �o >m z m A r� w r I y x„ Z m �o Ln Z m- n= n Dm mz s =!TO OD Z Z V _JOB#.2010234.01 |/!E; §) @ \} �7|(K\ \2 m I `\ |!■k| ° «z 2 ! a !, §: � 2 ! ° z —-— � � k r Ln � i2 2\ k\ -o , (\| |d � !§a n ! m§ E / > 7 2 z 77) )/ w �pa, }\ k\\�}k ) 2 ! § � - z � \, e § | Till e ` ■■ k § - - . °« � . . . . � \ | - q ! \ M m 2q§m2 \ \ ; i § ®- �P Put 2 \ �$m\ `! \ /k\, §7|f/■ § ° � � % GPD JMF: 2010234.01 (D Z cy, ;o C: o. 0 F7W c rn AL7 rrl un ............L� Ell R Ln 55 45.3 .............. ago .......... g 1:7.0. cix M M P, 6 2 -5X'W ru cC,1. ),, . - .. ...... . EF > m E 11 a.r I I M n B z . i 1 3 --i - ;D Z z E7 tj _JWf:»_. ° (\ � » f! z / > z _ q k > Ul � z 0 - . !! ` ¥ rr 1o ; 5,2 1 3| - (� Ic 41 |7 | ? AMA i $ �k\ \k ` §§ |■ - ! fip% � � • !■ | |` , \§§ |§� |■| � (} / \(} cn a- z o -■§ z &2 |2 t - §;szip ■■ ;� zcil � � . � / » m '_ y ] ` O - z m _ Z£ _ n }) k§ S )§ ! k §« k �` F � C } § > w n GPO JOBJ;2010234.01 cv> v m �o v mom y� '�9f cz5 i y A A I 0+ � g SSSSo 0 0 o f g m om mz CM^ Z �zCz o 0 rn 90 ¢p yy Qp Z92 c � 59s J N z o0 y n p 00 F`�O 'c5F z O Fn D a� 6n o C 1 mX N Z pz = N g D _ n � z=4 m c m C 3 n F o> Az 0 m nD 05� D c \ c c m £on ym z ng 0 0 \ zp "yOzim A ;0 §c g p < Z m 9 6) i- 3e0 _ o eye U .uti- o _ A 2D F m �m 5 o 0 0 o xp �Xa oa Q m cz R p o� 0 0 0� AOo azN off°; i .� G� x N Mom � { ocimpdm mi CZC p ➢ mrC O z Z O ;]pv o 0 o NQy°a(m o O $p3 zz o o 0 0 ogL m� 000 �nOp m �o ♦a vi"= a� o 0 0 D� mF n oA; o00 mOA9 plc vt D y ip M GC mn pZz Oip ziU cnz m 0 0@�t o 0 o m ON m� �zz Apo cps " z {5 ITl s o a m gnax atA ITI x A 0 0 >0 �z o� Om ym �F0 �g acn a oo D� ' zxc n / m c m Opp N v z «m O c'x o m O{zO {in c o vmp z ZnO�p � N 8 F -' pizza - y p MIz W 0 cp Nzfa 0 p A cpbox z V mp-Dim m E m N L C70 �C o�� z p p §oO °$ r m IOC p 0 = �1 a O0 i pmm p N m �O m O^ m I W zo� mA o 2z A o z m cl O O0 z -4C c D z 3; F O m V1 Z J O C D CA I"1 d