HomeMy WebLinkAboutL17-083 - Original - KC Facilities Management Division - 3.5 Million Tank PSERN-05 - 07/27/2017 4^k��
CITY CLERK
CITY OF KENT
N T 220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP:
- 7
Contract Number: Ll -1 - Ob 9
1. Responsible Department/Division: Public Works / Water
2, Contact Person and Title: Sean Bauer, Water System Manager
Telephone Extension: 5610
3. Tenant (Customer) Name: King County
4. Tenant (Customer) Number: 206-477-9373 Gail Houser
5. General Ledger Account Number: 410�05550.56260
6. King County Tax Parcel Number: 332205-9177
7. Address of Parcel: 12523 Southeast 286th P1, Auburn, WA
8. Type of Lease: Puget Sound Emergency Radio Netowork - Cell Tower
9. Council Authorization Date: April 18, 2017
10. Mayor Signature Date: April 28, 2017
SECTION 2 - LEASE DURATION AND IMPORTANT DATES:
11, Lease Start Date: Commencing on the Rent Commencement Date
12. Tenant Lease Option Renewal Notification Due Date: Not listed
13. Lease Termination Date: 12/31/2042
14. Lease Duration: 25 years
SECTION 3 - RENT DETERMINATION AND DUE DATE:
15. Rent: $4,320.00
16. Rent Due Date: On or before January 150
17. Calculation of Rental Increase(s): 15% of the then-current rental rate on
each successive five-year anniversary of the first full lease year.
Lease Agreement Cover Sheet—Page 1 of 2
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: 50/b plus 1% per month until paid (late payment)
23. Late Interest: 5%
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 2 of 2
King County
Facilities Management Division
Real Estate Services
500 4th Avenue, Suite 800
Seattle, WA 98104
Phone. (206) 477-9373
Email: gaLLhouserj2king county gov
July 27, 2017
Michelle Novak
Property Services Technician
City of Kent, Design Engineering, Public Works Department
400 West Gowe Street
Kent, WA 98032
RE: Executed Documents for Kent Repeater- PSERN-05
Kent Repeater Communication Site Lease
Kent Repeater Communication Site Memorandum of Lease
Dear Michelle,
Thank you for your and the City of Kent's partnership and work with King County on the
lease of the Kent Repeater site for the new Puget Sound Emergency Radio Network at
12523 Southeast 28611 Place, Auburn, Washington know to the City of Kent as the Joint
Use 3.5 Million Tank.
This letter is to provide you with the fully executed originals of the Lease and the
Memorandum of Lease for the City of Kent's records, We will be recording the
Memorandum of Lease electronically and it should be completed in seven to 10 days. I will
forward the recorded document via email to you so you have the final, recorded
Memorandum of Lease.
Thank you again Michelle for all your assistance and feel free to contact me at (206) 477-
9373 if you have any questions.
Sincerely,
G '?Houser
Special Project Manager
King County, Facilities Management Division
Real Estate Services
enclosures: Kent Repeater Lease Agreement (one executed original)
Kent Repeater Memorandum of Lease (one executed, unrecorded original)
rI
King County
Office of Risk Management Services
Department of Executive Services
500 Fourth Ave#320
Seattle, WA 98104
(206)263-2250
KING COUNTY CERTIFICATE OF SELF-INSURANCE-2017
This letter is to certify that King County is fully self-funded for all of its liability exposures. Should
an incident occur involving the negligence of County employees acting in the scope of their
employment, our self-funded program would respond.
King County, charter county government under the constitution of the State of Washington, maintains
a fully funded Self-Insurance program for the protection and handling of the County's liabilities,
including injuries to persons and damage to property.
This letter is also to certify that King County is protected from physical loss under the County's
blanket property insurance policy. The policy is an "All Risk" policy that provides the County with
protection for all County property wherever located.
Please note that this certificate is issued for informational purposes only and neither confers any
rights, nor constitutes an agreement between King County and any other party.
If you have any questions, please do not hesitate to contact the King County Office of Risk
Management Services, Insurance and Contracts group at the phone number above.
Sincerely,
The Office of Risk .?Management Services
Insurance and Contracts Group
Rev 3/1/2017
Return to:
King County Facilities Management Division
Real Istate Services
Attention: Leasing Supervisor
Re: Kent Repeater PSI RN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98 1 04
MEMORANDUM
OF
LEASE
Landlord: City of Kent, a Washington municipal corporation
Tenant: King County, a political subdivision cif the State of Washington
,Nbbreviated Legal PTN Sl'--'1/4 SWIA SFI/4 & Sys I/4 SWI/4 SEIA STR 33-22-05E"
Description: TAX LOT 9177
Official legal description attached as Exhibit I
Assessor's Tax Parcel ID It: 332205-9177
Recording Numbers of' Does not apply
Prior Recorded Documents:
County: King State: Washington
This Memorandum ofLease is entered into on this 7—jrh day of '�)7V4,y-1 1 2017, by an(]
between the City of Kent, a Washington municipal corporation, having a mailing address of 220 Fourth
Avenue South, Kent, WA 98032 (hereinafter referred to as "Landlord") and King County, a political
subdivision of the State of Washington, having a mailing address of'500 Fourth Avenue, Suite 830, Seattle,
Washington 98104 (hereinafter referred to as'"Tenant"),
1. Landlord and Tenant entered into a certain Lease Agreement ("'Lease") on the Z'71)4 day, of
-�J—
2017, for the Purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing is set forth in the
Lease,
2. The initial lease term will be twenty-five (25) years, commencing on the date Tenant
commences construction of"its Improvements on the Premises (as those capitalized terms are
defined in the Lease) and terminating on the last day of the month prior to the twenty-fifth
anniversary
versary thereof.
3. The portion of the land being ]eased to 'Fenant and associated easements are depicted in
Exhibit I annexed hereto.
4. This Memorandum of[,case; is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of"the terms, conditions or provisions of the Lease,
all of which arc, hereby ratified and affirnicd. In the event of a conflict between the
provisions of this Meniorandurn of Lease and the provisions of'the Lease, the provisions of
the Lease shall control. The Lease shall be binding Upon and inure to the benefit of' the
parties and their respective heirs, successors, and assigns, SUbjeCl to the provisions of the
Lease.
IN WITNESS WHEREOF, the parties have eXCCLlted this Memorandum ot'l-casc as of the day and year-
First above written.
"LANDLORD"
City of Kent., a Washington illUnici al
BY:
Print (M-1 Uzctte Cookc
11 Its: 7"14 "I,.Mayor,
"'FFNANT"
King Casa Y, 1 01 subdivision of the
State of ashi i
3y:
Print Mae: Anthod' 0. Wright
Its: )irecto . Facihtiis Management Division
Date ?—
[ACKNOWLEDGMENTS APPEAR ON nlE NEXT PAGE)
STATI,"' Of' WASHING'R)N
) ss.
COtJN'I'Y OF
I certify that I know or have satisfactory evidence that Suzette Cooke is the person who
appeared before me, and that lie acknowledged that she signed this inStrUrnent, 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 Isar the uses and purposes mentioned in the
instrument.
Dated this clay of 2017.
4 N\MMWill,
-GS 1�\G
1/z
ex P 104, -41
Notary Signature: 4&
W 0 Printed Name:z 0 $!
_j . Notary Public for the-State ofWashi toll
o P1
Residing In:
My Commission Ex'pjires-, 2-L-77-—3—, e)
leg hilk%\
S'fA'I`F Of,' WASHING-l'ON
) ss
COUN'I'Y KING
I certify that I know or have satisfactory evidence that Anthony 0. Wright is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that lie was authorized to eXCCUtC the instrument and acknowledged it as the Director,
Facilities Management Division of King County to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated this day of Lo I%,1 2017.
TEVE RIZIKA Notary Signature:
N tart'
01
otaryPublic Printed Name: Steoz ZZ1,1,( o%..
State o�f Washingto�n Notary Public Im-the State of`Washington
Cu,6 1
My, Commission Expires Residing In: fyltv cj2A- IS
M a y 0 1 9
May 301 2019 MyConnnission Expires:
EXHIBIT 1
Page I of 3
Washington the
tonsnucorporation,datedLandlord, �¢n�i hi g� � by �t�ci tct�vc ¢� t1� City of Kent, ¢►
municipalty, a political subdivision of the State of
Washington, as 'Tenant.
The real property on which the premises is locates is legally described as follows;
The west 150 feet of the south 300 feet of the north 330 feet of the southeast quarter of the
southwest quarter of the southeast quarter of Section 33, Township 22 North, Ranee 5 East,
W.M., ALSO,
The portion of the southwest quarter of the southwest quarter of the said southeast quarter of
Section 33 lying easterly of the westerly 508 feet thereof, and northerly of the southerly 429
feet of the said southwest quarter of the southwest quarter of the southeast quarter and
southerly of the northerly 30 feet of the said southwest quarter of the southwest quarter of
the southeast quarter; ALSO,
That portion of the south 300 feet of the north 330 feet of the southwest quarter of the
southwest quarter of the said southeast quarter of Section 33 lying southerly of the north line
of the southerly 429 feet of the said southwest quarter, and easterly of the following
described line:
Beginning at a point on the south line of the said southwest quarter of the southwest quarter
of the southeast quarter which is 508 feet easterly of the southwest corner thereof;
Thence northerly to a point on the said north line of the southerly 429 feet of the southwest
quarter which is 509.70 feet easterly of the west line of the said southwest quarter and the
terminus of said line description;
Together with an easement over, under and across the east 30 feet of the west 1.80 feet of
the north 330 feet of the southeast quarter of the southwest quarter of the southeast quarter
of Section 33, Township 22 North, Range 5 East, W.M.;
And together with an easement over, under and across the north 30 feet of the west 150 feet
of the said southeast quarter of the southwest quarter of the southeast quarter; ALSO that
portion of the north 30 feet of the southwest quarter of the said southwest quarter of the
southeast quarter lying easterly of 124tr' Avenue Southeast; ALSO that portion of the south 30
feet of the northwest quarter of the said southwest quarter of the southeast quarter lying
easterly of 124¢"' Avenue Southeast;
Situated in the County of King, State of Washington,
Address: 12523 Southeast 285cn, Place, Auburn, WA
EXHIBIT 1
Page 2 of 3
The Premises are described and/or depicted as follows:
PAROEL NO.:
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King County Lease #: PSERN-05
King County Site Name: Kent Repeater
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 KING COUNTY, a political subdivision of the State of Washington,
having offices for the transaction of business at 500 Fourth Avenue, Suite 830, Seattle,
Washington 98104 ("Tenant"), for a wireless communications facility located at 12523
Southeast 286th Place, Auburn, Washington ("Joint Use 3.5 Million Tank").
BACKGROUND
A. Landlord is the owner in fee simple of a parcel of land, and a one hundred
sixty foot (160') lattice tower (the "Tower"), located in the City of Auburn, King County,
Washington, legally described on the attached Exhibit A (the "Property").
B. Tenant desires to lease that portion of the Property and space on the Tower
as depicted on the attached Exhibit B, together with a nonexclusive access easement, as
described on the attached Exhibit C, to construct, operate and maintain a communication
facility and associated equipment and improvements, as well as to obtain the right from
Landlord to access the property and install utilities in conjunction therewith.
C. Tenant plans to fund, procure sites for such communication facilities, and
along with other municipalities in King County establish the Puget Sound Emergency Radio
Network (the "PSERN System") to eventually provide service in King County as authorized
by Proposition 1 and King County Ordinances 17993, 18074 and 18075.
D. 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 and space on the Tower as depicted on the
attached Exhibit B (the "Premises") together with a non-exclusive easement for ingress,
egress and utilities over the Property as depicted on Exhibit B and described on the
attached Exhibit C (the "Access Easement"). In addition to the Premises, Landlord hereby
grants Tenant temporary access to additional space near the Premises for staging purposes
during Tenant's construction activities, in location(s) to be agreed upon by the parties.
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. The term of this Lease shall be for a period of twenty-five (25) years,
commencing on the Rent Commencement Date, as defined in Section 3.a below, and
terminating on the last day of the month prior to the twenty-fifth anniversary of the Rent
Commencement Date ("Term").
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 1 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
3. Rent.
a. Tenant's obligation to pay rent under this Lease shall commence upon
the date Tenant commences construction of the Improvements, as defined in Section 4
below, on the Premises (the "Rent Commencement Date"). The parties agree that they shall
acknowledge in writing the Rent Commencement Date as follows: Tenant shall notify
Landlord in writing of the date it commences construction of the Improvements on the
Premises and within ten (10) business days of receipt thereof, Landlord's authorized
representative shall acknowledge such date in writing as the Rent Commencement Date and
return such signed written instrument to Tenant.
b. As used herein, a "lease year" shall be January Is' through December
315t during the Term of this Lease. Rent shall be Four Thousand Three Hundred Twenty and
No/100 Dollars ($4,320.00) per lease year ("Rent"), payable in advance. Rent shall be
payable as follows: Rent for the first partial lease year (from the Rent Commencement Date
until the next December 31st) shall be delivered to Landlord within forty-five (45) days after
the date Tenant receives Landlord's written acknowledgement confirming the Rent
Commencement Date. Thereafter, Rent shall be paid to Landlord annually in advance, on or
before January 1st of each lease year until the Lease expires or is terminated; provided that
if the first full lease year will commence prior to the due date of Rent for the first partial
lease year, then the Rent for the first full lease year shall also be due and payable within
forty-five (45) days after the date Tenant receives Landlord's written acknowledgment
confirming the Rent Commencement Date. Rent for partial lease years shall be prorated and
if Rent is ever overpaid it shall be either refunded or applied to future payments at Tenant's
discretion.
C. All Rent payments shall be mailed to: City of Kent, 220 Fourth
Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent.
d. Tenant shall pay Landlord a late payment charge equal to five percent
(5%) of the Rent for any payment not paid within thirty (30) days of when due. In
addition, any amounts not paid when due shall bear interest from the date due until paid at
the rate of one percent (1%) per month.
e. Rent shall increase by fifteen percent (15%) of the then-current rental
rate on each successive five (5) year anniversary of the first full lease year after the Rent
Commencement Date. For example purposes only, if the Rent Commencement Date is June
23, 2017, and the first full lease year thereafter commences on January 1, 2018, then on
January 1, 2023, Rent shall be increased to $4,968/year; on January 1, 2028, Rent shall be
increased to $5,713.20/year; and on January 1, 2033, Rent shall be increase to
$6,570.18/year; and so on, during the Term of this Lease.
f. 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, except as
specifically provided for in Section 3.g below.
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 2 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
g. Notwithstanding anything to the contrary contained in this Lease, in
consideration of Lessee's lease of Shelter space to Lessor, as more specifically defined and
provided for in Section 5.a(4) herein below, Lessor agrees to waive Lessee's obligation to
pay Rent from the Rent Commencement Date until the first anniversary of the Rent
Commencement Date.
4. Use of Premises.
a. Tenant may use the Premises for the construction, installation,
operation, maintenance, repair, replacement, upgrade, update, addition, modification and
removal of the communications facilities, and associated equipment and improvements,
generally depicted on Exhibit B and described on the attached Exhibit D (collectively, the
"Improvements") for the PSERN System as it is presently designed or may hereinafter be
modified or changed ("Permitted Use"). Tenant shall use the Premises for no other purpose.
b. Prior to performing any installation or construction work within the
Premises, Tenant shall secure all necessary federal, state and local licenses, permits, and
approvals for the Permitted Use (collectively referred to hereinafter as "Government
Approvals") at its sole expense. Landlord hereby authorizes Tenant to make and sign, as
Landlord's agent, any and all applications and/or submissions necessary to obtain all
Government Approvals from all applicable governmental and/or regulatory entities required
for the Permitted Use of the Improvements within the Premises. Landlord agrees to
reasonably assist Tenant with such applications and with obtaining and maintaining the
Government Approvals.
C. Tenant has the right to obtain a title report or commitment for a
leasehold title policy from a title insurance company of its choice and to have the Property
surveyed by a surveyor of its choice. Tenant may also perform and obtain, at Tenant's
sole cost and expense, soil borings, percolation tests, engineering procedures,
environmental investigation or other tests or reports on, over, and under the Property,
necessary to determine if Tenant's use of the Premises will be compatible with Tenant's
engineering specifications, system, design, operations or Government Approvals. Before
performing any of the work described in this Section 4.c, Tenant must receive prior e-
mailed approval from Landlord's Public Works Director or authorized representative.
5. Tenant Improvements.
a. (1) Tenant may improve the Premises by constructing the
Improvements as depicted on Exhibit B. 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
Improvements to Landlord for Landlord's written approval, which approval shall not be
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 thirty (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
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 3 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
for the work Tenant is requesting to perform, and Tenant shall pay all permit costs
in addition to Rent described in Section 3.
(2) After the initial installation of the Improvements, Tenant shall
obtain Landlord's written consent prior to making any material changes in the exterior
appearance, size or design of the Improvements on the Property (including the antennas
on the Tower), the location or size of the Premises, and trenching on the Property, which
consent shall not be unreasonably withheld, delayed or conditioned. After the initial
installation of the Improvements, except as provided herein above, Landlord's consent
shall not be required for any installation, maintenance, repair, replacement, addition,
removal, update or upgrade of any of the Improvements or utilities located within the
Premises or Access Easement.
(3) Tenant shall consult with Landlord to arrange a time it will
conduct construction of any Improvements that require Landlord's prior written consent.
Tenant agrees to adhere to the pre-arranged schedule for construction of Improvements.
(4) As part of the Improvements, Tenant intends to construct an
equipment shelter on the Premises (the "Shelter"). Upon completion of the Shelter,
Tenant shall remove all debris left from the construction and installation of the
Shelter at Tenant's own cost. Tenant hereby agrees to lease to Landlord, on terms and
conditions mutually acceptable to both parties, space within the Shelter for Landlord's
future installation and operation of Landlord's radio equipment. Such leased space shall
include approximately one hundred (100) square feet of floor space, and use of Tenant's
electrical power and back-up emergency power for Landlord's radio equipment, free of
rent; provided that Landlord shall at all times be solely responsible, at its sole expense, for
installation, operation, maintenance and repair of its radio equipment within the Shelter.
The rights granted to Landlord in this Section are not transferable or assignable without
Tenant's prior written consent, in Tenant's sole discretion.
b. (1) Unless the parties otherwise agree in writing, Tenant shall
remove the Improvements from the Premises upon termination of the Lease. Such
removal shall be done in a workmanlike and careful manner and without interference or
damage to any other equipment, structures or operations on the Property, including use
of the Property by Other Providers as described in Section 6.a below, 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, the Premises and the Access Easement shall be borne by
Tenant, and Tenant shall hold Landlord harmless from any portion thereof.
(4) Notwithstanding anything to the contrary contained in this Lease,
if Landlord's radio equipment has been installed and remains in the Shelter in accordance
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(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
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King County Site Name: Kent Repeater
with the terms of Section 5.a(4) herein above, then upon the expiration of this Lease,
including all extensions, the Shelter will remain on the Property and become Landlord's
personal property, "as is, where is," without any representations or warranties, and without
the need for any additional documentation for the transfer of ownership thereof.
6. Use by Other Providers.
a. Tenant shall cooperate with each new other communications provider
that Landlord leases to ("Other Provider(s)") in connection with the Other Provider
locating and placing its antennae and other facilities on the Property, including but not
limited to use of space on the Tower.
b. Each new Other Provider shall be solely responsible for the cost of
locating and placing its equipment on the Property. The Other Provider shall also be
responsible for any liabilities that arise from the Other Provider's use of the Property.
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, with the exception that Landlord is solely responsible for the maintenance of the
Tower and Access Easement, unless the Tower and/or Access Easement are damaged by
Tenant or Tenant's agents, employees, licensees or contractors. The parties agree that
this is a net Lease intended to assure Landlord the Rent on an absolute net basis.
8. Maintenance.
a. Tenant shall, at its own expense, maintain the Premises (less
reasonable wear and tear or loss by casualty or other causes beyond Tenant's reasonable
control), and all of Tenant's Improvements, equipment and other personal property on
the Premises in good working order, condition and repair. Tenant shall keep the Premises
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 thereon. Tenant shall
remove graffiti at its own cost within fifteen (15) calendar days of receipt of written
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 is strictly prohibited. The Landlord agrees to maintain its Tower at all
times during the Term of this Lease in such a manner so that the Tower meets the Class
III Structural Classification defined in ANSI/TIA-222-G, or at the then-current standards
for use by emergency, rescue or disaster operations.
b. Notwithstanding anything to the contrary contained in this Lease,
Landlord shall not maintain, repair or otherwise touch or interfere with Tenant's
Improvements without Tenant's prior written consent; provided that, in the event of an
emergency posing an imminent threat of bodily injury or property damage, Landlord may
take action necessary to abate the threat and shall give Tenant notice of such actions
taken as soon as is reasonably possible thereafter.
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(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
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King County Site Name: Kent Repeater
9. Access. Landlord and its agents shall have the right to enter the
Premises at all reasonable times, upon not less than two (2) business days prior e-mailed
notice to Tenant's authorized representative, so that Tenant may accompany Landlord, 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, including by foot, motor vehicle or by air over or along the Access
Easement generally depicted in Exhibit B.
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
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 all applicable
communication site standards, statutes, ordinances, rules and regulations now in effect
or that may be issued thereafter by the Federal Communications Commission ("FCC"),
or other federal or state governmental agency.
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.
Landlord shall be the sole judge of interference caused to the Landlord's radio
frequency ("RF") transmissions and receptions on the Tower; provided Landlord
shall make all determinations regarding the cause of any such RF interference
based on independent review by experts in the field of RF interference. Tenant
agrees to correct, within thirty (30) calendar days of receipt of written 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 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 Property, excluding the Premises,
Landlord shall submit a proposal complete with all technical specifications reasonably
requested by Tenant to Tenant for review for noninterference; however, Landlord shall not
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King County Site Name: Kent Repeater
be required to provide Tenant with any specifications or information claimed 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 forty-five (45) calendar days following receipt of said proposal
to make any objections thereto, and failure to make any objection within this forty-five
(45) 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 forty-five (45) 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 make
good faith efforts to have 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 Property, excluding 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 Rent or any other sums payable
to Landlord when due, and does not cure such default within thirty (30) calendar
days after written notice of default is received by Tenant;
b. Tenant removes its Improvements on the Premises for a period
longer than six (6) 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 Improvements contemplated in this
Lease, and such failure is not cured within thirty (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 thirty (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 thirty (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 thirty (30) day period and thereafter
diligently prosecutes the cure to completion; or
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g. Tenant fails at any time to maintain insurance as required in Section 22
of this Lease and the attached Exhibit E and such failure is not cured within fifteen (15)
days following Tenant's receipt of written notice of such failure.
15. Possession. If Landlord terminates this Lease in the event of any uncured
default of this Lease by Tenant, the Landlord shall have the right to take exclusive
possession of the Shelter.
16. Cure by Non-Defaulting Party. In the event of any uncured default of this
Lease, the non-defaulting party may, at any time after the specified notice period has run,
cure the default for the account of and at the expense of the defaulting party. If the
non-defaulting party 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 the non-defaulting party's rights under this Lease, the
sums so paid, with all interest, costs and damages shall be due from the defaulting party
within thirty (30) days following the defaulting party's receipt of an invoice together with
reasonable supporting documentation evidencing such sums and expense. If the
defaulting party disputes the appropriateness of the interest, costs and damages in good
faith, the defaulting party will pay such interest, costs and damages "under protest". Any
payment under protest shall not be considered an admission of liability or a waiver of
rights under this Lease, and such payment shall be subject to refund if the defaulting
party's position is upheld by a court of competent jurisdiction.
17. 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
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; or
(b) if Tenant or Tenant's vendor of the PSERN System determines that, for technical, design,
interference, environmental, economic or title reasons, the Premises are not necessary or
suitable for the operation of the PSERN System or the use described in this Lease; (c) by
Landlord upon eighteen (18) months' 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; (d) by Landlord or Tenant if there is a determination made pursuant to
an official un-appealable 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; (e) by
Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (f) by
Landlord if Tenant loses its license to provide service for any reason, including, but not
limited to, non-renewal, expiration, or cancellation of its license.
18. Termination; Notice. Except as otherwise provided above in Section 17(c),
any notice of termination pursuant to Section 17 shall be given to the other party in
writing at least thirty (30) calendar days prior to the termination date in accordance with
the provision of Section 27.
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
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through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon
thirty (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 prorated reimbursement of any Rent prepaid by Tenant. If the Tenant
believes it is feasible to relocate the Improvements to a different location on the Property,
the parties agree that the Premises will be relocated. Landlord will provide an interim site
for Tenant to locate temporary, mobile communications facilities and equipment as
necessary to continue service during repair or relocation of the Premises or Improvements. A
survey will be prepared for the relocated Premises (including access and utility easements)
and the survey will replace Exhibit B attached hereto.
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 thirty (30) calendar days' written notice to the other party. If it is feasible to
relocate the Improvements to a different location on the Property without any impairment to
the quality of service provided by the Improvements, the parties agree that the Premises will
be relocated. A survey will be prepared for the relocated Premises (including access and
utility easements) at Landlord's expense, and the survey will replace Exhibit B attached
hereto. 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.
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 agrees to indemnify and hold Landlord
harmless as provided herein to the maximum extent possible under law. Accordingly,
Tenant agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless Landlord, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, causes of action, judgments, damages, costs,
attorney fees, government orders, penalties, or other requirements (collectively,
"Claims"), including costs of defense thereof for injury to persons, death, or property
damage which is caused by or arises out of Tenant's exercise of rights and privileges
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granted by this Lease, except to the extent of the Landlord's negligence and willful
misconduct.
Landlord agrees to indemnify and hold Tenant harmless as provided herein to
the maximum extent possible under law. Accordingly, the Landlord agrees for itself, its
successors, and assigns, to defend, indemnify, and hold harmless Tenant, its appointed
and elected officials, and employees from and against liability for all Claims, including
costs of defense thereof for injury to persons, death, or property damage which is caused
by or arises out of Landlord's exercise of rights and privileges granted by this Lease,
except to the extent of the Tenant's negligence and 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: (i) to any latent defects or
other dangerous situations, if Landlord knows or should know that defect or situation
exists but has not disclosed that information to Tenant, or (2) to any dangerous conditions
arising from Landlord's negligence or willful misconduct.
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 result in the negligent or
intentional introduction, storage, disposal, or transport over the Premises and Access
Easement of any hazardous substance in violation of any federal or state law.
Tenant further agrees to hold Landlord harmless from and indemnify Landlord against
any release of any such hazardous substance introduced by Tenant 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 on the
Property. "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
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 one hundred twenty-five percent (1250/0) of the
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 10 of 24
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monthly proration of the annual Rent in effect upon the expiration of the Lease, but shall
otherwise be on the same terms and conditions herein specified, so far as applicable.
25. Acceptance of Premises. With the exception of latent defects and any
hazardous substance contamination existing prior to the Rent Commencement Date, by
taking possession of the Premises, Tenant accepts the Premises and Access Easement
"AS-IS," in the condition existing as of the Rent 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.
26. Estoppel Certificate. Tenant shall, at any time and from time to time upon
not less than thirty (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.
27. 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
If to Tenant, to: King County Facilities Management Division
Real Estate Services, Attn: Leasing Supervisor
Re: Kent Repeater PSERN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98104
With a copy to: King County Facilities Management Division
Director's Office, Attn: Gail Houser
Re: Kent Repeater PSERN Lease
500 Fourth Avenue, Suite 800
Seattle, WA 98104
With a copy to: King County Department of Information Technology
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 11 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
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King County Site Name: Kent Repeater
Puget Sound Emergency Radio Network
Attn: Marlin Blizinsky
Re: Kent Repeater PSERN Lease
401 Fifth Avenue, Suite 600
Seattle, WA 98104
28. Assignment and Subletting. 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. Landlord acknowledges that Tenant and other municipalities participating in the
PSERN System intend to establish a new governmental non-profit entity that will
eventually own and operate the PSERN System. Notwithstanding anything in this Lease to
the contrary, Tenant may assign its interest in this Lease, without the Landlord's consent,
to that governmental non-profit entity or to any entity existing now or in the future that
will be responsible for the operation, maintenance, management, updating and upgrade or
replacement of the PSERN System as authorized by law; provided that Tenant shall
provide notice to Landlord within forty-five (45) calendar days after the execution date of
such assignment. In the event of an assignment, the assignee shall assume all liability of
the assignor and Tenant will be relieved of all future performance, liabilities and
obligations under this Lease to the extent of such assignment.
29. Other Leases. Nothing in this Lease shall preclude Landlord from leasing
other space for communications equipment to any person or entity that may be in
competition with Tenant, or to any third-party, subject to the provisions of Section 13(c)
above.
30. 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.
31. 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.
32. Taxes. 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 Improvements, if any, which become due and payable during the
Term of this Lease.
33. Miscellaneous.
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a. Landlord and Tenant represent that each, respectively, has full right,
power, and authority to execute this Lease.
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. 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 Sections 21 and 23.
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. Landlord agrees to sign a short form Memorandum of Lease that
Tenant may record at Tenant's expense.
34. Nan-Discrimination. Landlord and Tenant, for themselves, their successors,
and assigns as a part of the consideration hereof, do hereby covenant and agree to
comply with all civil rights and anti-discrimination requirements of federal, state or local
laws applicable to the Property, including, without limitation, Chapter 49.60 RCW.
Landlord and Tenant shall not discriminate on the basis of race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based upon a
bona fide occupational qualification, in the employment or application for employment or
in the administration or delivery of services or any other benefits under King County Code
Ch. 12.16.125. Tenant shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit such discrimination. These laws
include, but are not limited to, Chapter 49.60 RCW, and Titles VI and VII of the Civil
Rights Act of 1964. Any violation of this provision shall be considered a default of this
Lease and shall be grounds for cancellation, termination, or suspension, in whole or in
part, of this Lease and may result in ineligibility for further agreements between the
parties.
35. Effective Date. This Lease is executed and shall become effective on the last
date both parties execute this Lease, as indicated below (the "Effective Date"). If the
Effective Date occurs after the Rent Commencement Date, any act consistent with the
authority and obligations described herein that takes place after the Rent
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 13 of 24
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King County Site Name: Kent Repeater
Commencement Date, but prior to the Effective Date, is hereby ratified and affirmed by
the parties to this Lease.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed a,s of
the date and year set forth below.
LANDLORD: TENANf.r'
71,
CITY OF KENT KING C N
By: By:
Print N 5u Itte Cooke Pri t me: nthonV 0. Wright
Its: MayorC Its: Direr tor,(Farili4s Management Division
Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Kent Law Depa\?fment Busch Law Firm PLLC
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 14 of 24
(Landlord.- City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
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: 41 kl"I 7
-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.
0
('Sig tune)
C, J9
(P 4060 . 0 NOTARY PUBLIC, in and for the Stat
ell
A \-'-0,�40 4 F of Washington, residing at
mkwkv "
'/,if Or wp'V 4S:.' My appointment expires Z- /<F -
LEASE AGREEMENT AT Joint Use 3,5 Million Tank - Page 15 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Anthony 0. Wright 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 Director, Facilities Management Division, of King County
to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated: 101-T
_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.
first above written.
tten
STEVE R11ZiDKA
Notary Pubiic
Notary
S S t'0 t I '_ to�n year
te ofirWoshington
My Commission Expires ignatpure)
May 30, 2019 N TARY PUBLIC, in and for the State
of Washington, residing at (y1krCAr
My appointment expires
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King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
The west 150 feet of the south 300 feet of the north 330 feet of the southeast quarter of
the southwest quarter of the southeast quarter of Section 33, Township 22 North, Range 5
East, W.M., ALSO,
The portion of the southwest quarter of the southwest quarter of the said southeast quarter
of Section 33 lying easterly of the westerly 508 feet thereof, and northerly of the southerly
429 feet of the said southwest quarter of the southwest quarter of the southeast quarter
and southerly of the northerly 30 feet of the said southwest quarter of the southwest
quarter of the southeast quarter; ALSO,
That portion of the south 300 feet of the north 330 feet of the southwest quarter of the
southwest quarter of the said southeast quarter of Section 33 lying southerly of the north
line of the southerly 429 feet of the said southwest quarter, and easterly of the following
described line:
Beginning at a point on the south line of the said southwest quarter of the southwest
quarter of the southeast quarter which is 508 feet easterly of the southwest corner thereof;
Thence northerly to a point on the said north line of the southerly 429 feet of the southwest
quarter which is 509.70 feet easterly of the west line of the said southwest quarter and the
terminus of said line description;
Together with an easement over, under and across the east 30 feet of the west 180 feet of
the north 330 feet of the southeast quarter of the southwest quarter of the southeast
quarter of Section 33, Township 22 North, Range 5 East, W.M.;
And together with an easement over, under and across the north 30 feet of the west 150
feet of the said southeast quarter of the southwest quarter of the southeast quarter; ALSO
that portion of the north 30 feet of the southwest quarter of the said southwest quarter of
the southeast quarter lying easterly of 124th Avenue Southeast; ALSO that portion of the
south 30 feet of the northwest quarter of the said southwest quarter of the southeast
quarter lying easterly of 124th Avenue Southeast;
Situated in the County of King, State of Washington.
Address: 12523 SE 286th Place, Auburn, WA
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 17 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
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King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT C
LEGAL DESCRIPTION OF ACCESS EASEMENT
AN ACCESS EASEMENT 20.00' FEET IN WIDTH, 10.00' ON BOTH SIDES OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., THENCE N01004'27"E A DISTANCE OF 327.49 FEET
ALONG THE CENTER OF SECTION LINE; THENCE S88140'47"E A DISTANCE OF
510.05 FEET TO THE SOUTHWEST CORNER OF THE SERVIENT PARCEL AS
DESCRIBED ON THIS SHEET; THENCE N01104'47"E A DISTANCE OF 70.61 FEET
ALONG THE WEST LINE OF SAID SERVIENT PARCEL; THENCE S88137`37"E A
DISTANCE OF 133.45 TO THE POINT OF BEGINNING;
THENCE S88037'37"E A DISTANCE OF 116.79 FEET; THENCE N01109'42"E A
DISTANCE OF 265.02 FEET; THENCE S89022'50"W A DISTANCE OF 159.35 FEET;
THENCE N88040'47"W A DISTANCE OF 571.42 TO THE EAST RIGHT-OF-WAY OF
124TH AVE SE, SAID POINT BEING THE TERMINUS OF THIS EASEMENT.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT D
SCOPE OF WORK TO BE COMPLETED BY KING COUNTY/PSERN
• 12'x30' prefabricated equipment Shelter with SOKW diesel generator
• Retaining walls and grading around the Tenant's Shelter
• 1,000 gallon above-ground diesel fuel tank
• Ice bridge between the Shelter and the Landlord's existing Tower
• New gravel turnaround
• Landscaping along a portion of the existing south fence line (as may be
required by Tenant's Government Approvals)
• New access gate within the existing fence line
• Two (2) new microwave dishes installed at 145' centerline on the Landlord's
existing Tower
• All necessary cables, conduit, lines and associated equipment and
improvements
• New 6' high chain link fencing to isolate the Premises from the Landlord's water
tank facilities located on the Property.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT E
INSURANCE REQUIREMENTS
I. General Insurance Requirements
Tenant shall procure and maintain, for the duration of this Lease, insurance against
claims for injuries to persons or damage to property that may arise from or in
connection with the Tenant's operation and use of Landlord's facilities.
Tenant maintains a fully funded self-insurance program for the protection and
handling of the Tenant's liabilities including injuries to persons and damage to
property.
Landlord acknowledges, agrees and understands that Tenant is self-funded for all of
its liability exposures. Tenant agrees, at its own expense, to maintain, through its
fully funded self-insurance program, coverage for all of its liability exposures for this
Lease. Tenant agrees to provide Landlord with at least thirty (30) days prior written
notice of any material change in Tenant's self-funded insurance program and will
provide Landlord with a letter of self-insurance as adequate proof of coverage.
Landlord further acknowledges, agrees and understands that Tenant does not
purchase commercial general liability insurance and is a self-insured governmental
entity; therefore Tenant does not have the ability to name Landlord as an additional
insured.
If Landlord is not a governmental agency which maintains a fully funded self-
insurance program in accordance with applicable law, Landlord will maintain
commercial general liability insurance in the amount of Two Million Dollars
($2,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate,
based on ISO Form CG 00 01 or equivalent, and will include Tenant as an additional
insured with respect to claims arising out of or related to this Lease.
Landlord shall carry "All Risk" property insurance in an amount equal to the full
replacement value of its structures and improvements on the Property.
Tenant shall maintain "All Risk" property insurance in an amount equal to the full
replacement value of all of its improvements and personal property located on the
Premises or shall self-insure improvements and personal property on the Premises.
Notwithstanding any language to the contrary contained in this Lease, Landlord and
Tenant agree that they shall not make a claim against or seek recovery from the
other for any loss or damage to their property, or the property of others, resulting
from fire or other hazards covered by fire insurance or required to be covered under
this Lease and each hereby releases the other from any such claim or liability
regardless of the cause of such loss.
Tenant agrees to ensure all contractors, sub-contractors, consultants or other
parties utilized by Tenant to perform work on Landlord's Property are fully insured
to the extent of coverage specified in Subsection II of this Exhibit E.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
II. Specific Insurance Requirements
If Tenant ceases to maintain the aforementioned program of self-insurance, Tenant
shall obtain insurance of the types and limits described below:
A. Minimum Scope of Insurance:
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 Landlord 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 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
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate.
2. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 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:
1. Tenant's insurance coverage shall be primary insurance with respect to
the Landlord. Any insurance or self-insurance coverage maintained by
the Landlord 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 Landlord in the event of cancellation of any coverage related
to this Lease.
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.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
E. Verification of Coverage.
If Tenant ceases to maintain the aforementioned program of self-insurance, upon
Landlord's request, Tenant shall furnish Landlord with original certificates of
insurance and a copy of the additional insured endorsement, evidencing the
insurance requirements of the Tenant, and Landlord shall be named as an
additional insured.
LJ19
King County
Office of Risk Management Services
Department of Executive Services
500 Fourth Ave#320
Seattle, WA 98104
(206)263-2250
KING COUNTY CERTIFICATE OF SELF-INSURANCE -2017
This letter is to certify that King County is fully self-funded for all of its liability exposures. Should
an incident occur involving the negligence of County employees acting in the scope of their
employment,our self-funded program would respond.
King County, charter county government under the constitution of the State of Washington, maintains
a fully funded Self-Insurance program for the protection and handling of the County's liabilities,
including injuries to persons and damage to property.
This letter is also to certify that King County is protected from physical loss under the County's
blanket property insurance policy. The policy is an "All Risk" policy that provides the County with
protection for all County property wherever located.
Please note that this certificate is issued for informational purposes only and neither confers any
rights, nor constitutes an agreement between King County and any other party.
If you have any questions, please do not hesitate to contact the King County Office of Risk
Management Services, Insurance and Contracts group at the phone number above.
Sincerely,
The Office of Risk Management services
Insurance and Contracts Group
Rev 3/1/2017
Iz
v/12
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