HomeMy WebLinkAboutPW17-276 - Original - Clear Wireless LLC - Revocable Right of Way Use - 08/01/2017 /�/,i
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KENT
WARM INCID T'JM ��/%
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submiission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name:
Vendor Number:
JD Edwards Number
Contract Number: W
This is assigned by City Clerk's Office
Project fume: t
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
0 Other:
Contract Effective Bate:
-�� ��' Termination Date: �.
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 1&21 bvql(. Department: .1
Contract Amount: 0-7 S•00
Approval Authority: M Department Director ❑ Mayor ❑ City Council
Detail. (i.e. address, location, parcel number, tax id, etc.).
As of: 08/27/14
MC/
Love ycajr k 7
Sprint/Nextd c/o M07, Inc
HOW W Ak Droc
Suite 300
San Diego,, CA 92130
Signing Instructions
August 18, 2017
Site: SE52XC259
Please complete the following checklist to ensure accuracy as you prepare the documents:
0 Sign and date ALL THREE copies of the Agreement. Lines that require signature and initials
have been flagged for your convenience,
0 Initial ALL pages (initials bottom-right corner of the page).
I-] The Agreement must be signed in the presence of a Notary Public and notarized. You can find
notaries at your local bank, Mail Boxes Etc., the UPS Store, Postal Annex, or other similar
sources.
0 Once you have fully executed ALL THREE copies of the Agreement (with signatures, dates,
initials and notary), please return! ONE COPY of the documents to the address indicated below.
Sprint Corporation
c/o MDT Inc,
10590 West Ocean Air Drive, Suite 300
San Diego, CA 92130
Once the return package is ready to send, drop it off at your nearest FedEx location. You may
also call 1-800-GO FEDEX (1-800-463-3339)to arrange a free pickup from your location.
We request that you return the documents within three business days to ensure that they will
be processed in a timely manner. Should you have any problems, questions, or require additional time to
execute these documents, please call meat 858-926-3889.
IMPORTANT: Please take a moment to review each page, to ensure all signatures, initials and
notary have been properly executed. It is very important not to alter any part of the documents, as
this will render the documents void. Any questions should be addressed directly with your Lease
Consultant.
Sincerely,
Eric Backsen
�m
Sprint Corp.
6391
Sprint Parkway
Sprint MaCCstop KSOPHT"0101-22650
Overlan
d Park, KS 66251-2650
Sprint Site b 5
Property ervices - Landlord Solutions
All issues related to wireless sites o contact)
• By Plane (Landlord Solution s Hot Line): 800.357.7641
• By Facsiarrile: 91.3.523.9735
• By Self Service Request: littps://Landlor+d Solutions.Sprint.Com
BY US Mail and Overnight Services Official Notice Address
Sprint Property Services
Site ID: SE52XC259
Mail Strap KSOPHTO 10 1-Z2650
6391 Sprint Parkway
Overland Park. KS 66251-2650
Garay to
Sprint Law Department
Site ID,: SE52XC259
Attn Sprint Real Estate Attorney
Mailstcp KSOPHTO 101-Z2020
6391 Sprint. Parkway
Overland Park KS 66251-2020
Sprint Corp.
6391 Sprint Parkway
Spin 1 it Mailstop 'KSOPHT0101-Z2650
Overland Park, KS 66251-2650
RE: Electronic Rental Payment(s)
Deal-Landlord:
Receiving rent checks via the U.S. postal Service subjects you to potential postal delays and theft or fraud, As all
alternative-to receiving a paper check in the mail, Sprint Nextel offers a secure way for you to receive your
payments first, accrr wtely and efficiently. We can send your payment electronically, depositing it directly into your
bank account oil tine date that the payment is due. There are many benefits to you 1'or taking advantage of this
automated method of'receiving payments born.Sprint Nextel including:
Faster Payment. Eliminate the window of t me from when the check leaves Sprint Nextel and finally arrives at
your mailbox.
.avoid Theft andlor Fraud.Avoid having your money fall into the wrong hands.
Saves you Valuable Time. No more trips to the bank to deposit your payments,and no waiting for the check to
clear. Your stoney will already be in your account and available for use without any hassle.
Environmentally Friendly("Going Green").Reduction ofuse ofpaper(i.e.: Checks and envelopes).
Standard h lectronic Funds Transfer(EFT)-Direct deposit to your checking account via 1 1-7.
This option is available at NO CHAR(13,therefore,we are requesting that you take full advantage of EFT and sign
up today.
Ilowww to get started receiving I:FT:
To begin tine set rrp process simply complete the enclosed Sprint Nextel Direct.Deposit-.Rent Setup/Change I=onn.
Once completed you can email the form to Sprint at 1 I ,l;)rat mtl)efaca i cr yn®t.corn.
If you do not have an email account you can still enjoy receiving payments electronically by fiaxing the information.
listed above to(913-523-9123)or by mailing the information to:
Sprint Property Services
Site ID: SE52XC259
1'wlailstop: K OPUTf1It11-2650
6391 Sprint Park-way
Overland.Park,KS 66251-2650
If you have any questions regarding this automated way of receiving payments or questions about how to sign up,
please don't hesitate to call Landlord Solutions at 1-800-357-7641, or email us landlordsolutions dls rint.com or fax
us at(913)523-9735.
Being "green" requires each of us to think differently and it's more than using less paper,. it is making"green" a part
of our fundamental priorities and improving the customer experience.
e look forward to providing you this beneficial service.
Sincerely,
Sprint Landlord Solutions
Sprint Corp.
6391 Sprint Parkway
Rftrint MaHstop KSOPHT0101-Z2656
Overland Park, KS 66251-2650
SPRINT DIRECT DEPOSIT-RENT SETUP/CHANGE FOR
Direct Deposit is a fast, easy way to receive payments. We highly encourage our vendors to sign up.
Using Direct Deposit means funds will be available in your account within two business days from
payment date. Please follow the directions below to take advantage of this more effective and efficient
payment opportunity.
A. Bank dame:
B. Type of Account: Checking ❑ Savings El
C. ABA Routing dumber (9 digits):
D. Bank Account dumber:
E. Vendor dame (used in lease):
F. Sprint Vendor dumber (if known):
G. Tax ID dumber: -
H. Vendor Mailing Address:
L Vendor Phone dumber:
], Accounts Receivable Email Address:
(Note: Email address required to receive detailed deposit notifications.)
K. Accounts Receivable Contact Phone:
L. Printed dame of Authorized Vendor Representative:
M. Signature of Authorized Vendor Representative:
*By signing above you agree to the following terms/conditions:
We understand that ALL payments will remit via ACl l to the bank account listed above.
We will notify Sprint of any change to account info 10 clays prior to change in order to avoid
returned paynacnts or delay in payments.
N.Date Signed by Authorized Vendor Representative:
The following backup MUST be submitted with this lorrn and MUST include:the narne on tine
account,the account number,acid the,ABA routing number.
•Checking account-attach a voided check or a letter from the bank
•Savings account-attach a pre-printed deposit slip and the i st page of a recent bank statement
(only if"narne"on the account is not oil the deposit slip)
The completed form can be sent via email to LLSDirect.1 osi,(ci�S rj t cc�m or by fax wCcowerslieet to
913-523-9123.
Site Numbers/Ws:
T
REVOCABLE RIGHT-OF-WAY USE LICENSE AGREEMENT
BETWEEN THE CITY OF KENT AND CLEAR WIRELESS LLC
This Revocable Right-of-Way Use License Agreement ("License Agreement") is
between CLEAR WIRELESS LLC, a Nevada limited liability company ("Licensee") and
the CITY OF KENT, a Washington municipal corporation (the "City").
RECITALS
A. Clearwire LLC, constructed a wireless facility in the right-of-way
located adjacent to 10007 SE 200th Street, Kent, Washington, 98031, pursuant to
a King County Wireless Right of Way Use Agreement entered into with King County
in 2006 ("Prior Agreement").
B. The City of Kent annexed this portion of King County on July 1, 2010.
C. The Prior Agreement expired on March 3, 2016.
D. Licensee is a successor to Clearwire, LLC.
E. The Parties now wish to memorialize Licensee's continued operation in
the right-of-way, now under the jurisdiction of the City of Kent, based upon the
terms and conditions herein.
AGREEMENT
1. Grant of Authority.
1.1 The City hereby grants to Licensee, a revocable right-of-way use license to
use and occupy a portion of unvacated public right-of-way situated in the City of
Kent, King County, Washington, as generally depicted in Exhibit A, attached and
incorporated by this reference ("License Area"), for the purpose of maintaining,
occupying, repairing, operating and removing telecommunications facilities
("Facilities") subject to the conditions outlined in this License Agreement.
1.2 This License Agreement does not confer any other rights not described
herein, nor does it permit Licensee or parties contracted to use Licensee's Facilities
for purposes not specified within this License Agreement.
1.3 The intent of this License Agreement is to authorize Licensee to operate its
Facilities on the designated City's right-of-way, which right-of-way constitutes a
valuable property interest owned by the City. This License Agreement does not
grant an estate in the land described as the License Area; it is not an easement; it
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
is not a franchise; it is not exclusive; and it does not exclude the City from full
possession of the License Area.
1.4 Any structure, improvement or other obstruction placed within the License
Area shall be so placed and maintained so as not to interfere with the operation,
repair, installation and maintenance of utility and underground installations now
existing or hereafter installed within the License Area by the City or pursuant to the
City authorization to unrelated third parties.
2. License Area. The License Area includes any and all improvements, fixtures,
structures and landscaping currently and lawfully located pursuant to the Right of
Way Use Agreement with King County; however, no new structures or
improvements shall be placed within the License Area by Licensee, its employees,
agents or contractors, except such structures or improvements as are permitted or
authorized pursuant to Section 9.1 of this License Agreement or permits and
approvals issued by the City, and then only so long as all conditions of approval of
such permits and approvals are met and maintained.
3. Term of License Agreement. The initial term of this License Agreement
shall be for 10 years, commencing on August 1, 2017 ("Commencement Date") and
expiring on July 31, 2027 at 11:59 pm PDT.
4. Recovery of Costs.
4.1 Licensee shall be subject to an administrative fee for reimbursement of costs
associated with the preparation, processing and approval of this License
Agreement, including wages, benefits, overhead expenses, meetings, negotiations
and other functions related to the approval in the amount of $1,075.00. The
administrative fee excludes normal permit fees required for the work in the City
Right-of-Way. Payment of the one-time administrative fee is due within 30 days of
submittal by the City of an itemized billing.
4.2 If the City incurs costs and expenses for review, inspection, or supervision of
activities, including but not limited to reasonable fees associated with attorneys,
consultants, City staff and City attorney time, undertaken through the authority
granted in this License Agreement or any ordinances relating to the subject for
which a permit fee is not established, Licensee shall pay all costs and expenses
directly to the City within 30 days of submittal by the City of an itemized billing.
5. Revocation: Termination.
5.1 As a license upon real property, this License Agreement is revocable at the
sole and absolute discretion of the City. However, prior to revocation by the City,
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 2
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC) 64,
the City shall provide Licensee with at least 180 calendar days' written notice of its
intended revocation ("Revocation Period"). Prior to the expiration of the Revocation
Period, Licensee shall remove all of its Facilities, and Licensee shall restore the
License Area pursuant to Section 6.
5.2 If Licensee fails to remove all or a portion of its Facilities prior to the
expiration of the Revocation Period, the City may, after delivering 30 days prior
written notice to Licensee ("Final Notice"), elect to remove all or part of the
remaining Facilities, restore the Property, and recover the costs of such removal
and restoration from Licensee. Licensee waives any right it may have to any claim
for damages of any kind incurred as a result of the City's removal of all or part of
the Facilities after the expiration of the Final Notice period.
5.3 Licensee shall have the right to terminate this License Agreement on 180
days' prior written notice to the City for any reason or no reason, however, the
provisions in Sections 6 and 12 shall survive the revocation and termination of this
License Agreement.
6. Damage to Property and Restoration. Licensee shall repair any damage to
the License Area caused by its installation, construction, operation, maintenance,
removal, repair, reconstruction, replacement, use, and inspection of the Facilities in
the License Area. Upon revocation, termination or expiration of this License
Agreement, Licensee shall restore the License Area to its original condition prior to
the issuance of the King County Right of Way Use Agreement, reasonable wear and
tear and casualty beyond Licensee's control excepted. This restoration obligation
shall survive the expiration of this License Agreement.
7. Utilities Charges. Licensee shall be liable for, and shall pay or cause to be
paid before delinquency thereof, throughout the term of this License Agreement, all
charges for all utility services furnished to Licensee for the uses permitted herein.
8. Taxes, Fees and Charges. Licensee shall be liable for and pay within 30 days
of receiving notice and supporting documentation for the following:
(a) All taxes imposed on or with respect to personal property and intangibles
located on or used by Licensee in connection with the License Area;
(b) All other rents, license fees, permit fees, inspection fees, authorization
fees or other charges which at any time may be assessed against or imposed
with respect to the occupancy, use or possession of, or activity conducted on,
the License Area by Licensee, its assigns or subtenants.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 3
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC) ��
9. Construction of Facilities.
9.1 Commencement of Construction. No improvement, construction or material
alteration shall be commenced until plans for such work have been approved by the
City and all necessary permits have been properly issued. The existing
improvements installed in the License Area and described on Exhibit A are hereby
approved. Notwithstanding anything to the contrary herein, Licensee shall be
permitted to replace its existing equipment with like-for-like equipment within the
License Area without prior City approval; provided, however that Licensee has
obtained all necessary permits and provides City with 48 hours written notice of the
intended replacement.
9.2 Permits; Compliance With Codes. The City's grant of this License Agreement
does not release Licensee from any of its obligations to obtain applicable local,
state, and federal permits necessary to install, construct, operate, maintain,
remove, repair, reconstruct, replace, use, and inspect the Facilities. Licensee's
failure to comply with this Section 9.2 shall constitute grounds for immediate
revocation by the City. The administrative fee in Section 4 is in addition to any fees
required for applicable local, state and federal permits.
9.3 Ownership and Removal of Facilities. During the term of this License
Agreement, all Facilities constructed by Licensee on the License Area shall belong to
and be the property of Licensee. Upon revocation, expiration or earlier termination
of this License Agreement, all Facilities constructed by Licensee on the License Area
shall be removed by Licensee at Licensee's sole expense pursuant to Section 5 and
Licensee shall restore the License Area pursuant to Section 6. Such restoration
obligation shall survive the expiration of this License Agreement.
10. Site Plan. Attached as Exhibit A is Licensee's site plan which depicts the
location of Licensee's equipment in the License Area. Within 60 days of execution
of this License Agreement, Licensee shall provide the City with accurate copies of all
record drawings and maps showing the horizontal and vertical location and
configuration of all located or relocated Facilities within the public right-of-way.
These as-built drawings and maps shall be signed and stamped by a Washington
state licensed professional land surveyor, shall be provided at no cost to the City,
and shall include hard copies and digital copies in a format specified by the City.
As-builts must be on City of Kent horizontal and NAVD88 vertical datum NAD83/91.
Licensee warrants the accuracy of all record drawings and maps and as-builts
provided to the City. Licensee shall provide the City with updated record drawings
and maps upon request.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 4
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
11. Relocation of Facilities.
11.1 Whenever the City causes the grading or widening of the right-of-way in
which the License Area is located or undertakes construction of any water, sewer or
storm drainage line, lighting, signalization, sidewalk improvement, pedestrian
amenities, or other improvement and such project requires the relocation of
Licensee's then-existing Facilities within the License Area, the City shall:
(a) Provide Licensee, at least 90 days prior to the commencement of such
project, written notice that a project is expected to require relocation; and
(b) Provide Licensee with reasonable plans and specifications for such
project.
11.2 After receipt of such notice and such plans and specifications, Licensee shall
relocate such Facilities within the right-of-way at no charge to the City so as to
accommodate the project. The City shall cooperate with Licensee to designate a
substitute location for its Facilities as near as practicable to the existing License
Area. The City will establish a date by which Facilities must be relocated, which
date will be not less than 60 days after Licensee's receipt of written notice as to the
Facilities to be relocated. Licensee must finish relocation of each such facility by
the date so established. If Licensee fails to relocate its Facilities as required under
this License Agreement, the City may revoke and terminate this License Agreement
upon delivering written notice to Licensee. During any such relocation period,
Licensee shall be permitted to maintain temporary antenna facilities, including cell-
on-wheels ("COW") and an alternate power source within the right-of-way, at no
charge to the City.
12. Indemnification.
Licensee shall comply with the following indemnification requirements:
12.1 Licensee shall defend, indemnify, and hold the City, its officers, officials,
employees, agents, assigns, and volunteers harmless from any and all claims,
actions, injuries, damages, losses, or suits, including all reasonable legal costs,
witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License
Agreement, except to the extent caused by the negligence or willful misconduct of
the City, its employees, agents, contractors, or invitees.
12.2 The City's inspection or acceptance of any of Licensee's work when
completed shall not be grounds to avoid any of these covenants of indemnification.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 5
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
12.3 These indemnification obligations shall extend to any claim, action or suit
that may be settled by compromise, provided that Licensee shall not be liable to
indemnify the City for any settlement agreed upon without the consent of Licensee;
however, if Licensee consents to the agreed upon settlement, the Licensee shall
indemnify and hold the City harmless as provided for in this Section 12 by reason of
that settlement. Moreover, if Licensee refuses to defend the City against claims by
third parties, Licensee shall indemnify the City regardless of whether the settlement
of such claims is made with or without Licensee's consent.
12.4 In the event that Licensee refuses to accept tender of defense in any claim,
action, or suit by a third party pursuant to this Section 12 and if Licensee's refusal
is subsequently determined by a court having jurisdiction (or such other tribunal
that the parties shall agree to decide the matter) to have been a wrongful refusal,
then Licensee shall pay all the City's costs for defense of the action, including all
reasonable legal costs, witness fees, and attorney fees and also including the City's
costs, including all legal costs, witness fees and reasonable attorney fees, for
recovery under this Section 12 indemnification clause.
12.5 The provisions of this Section 12 shall survive the expiration or termination
of this License Agreement.
13. Insurance. Licensee shall obtain at its sole expense, commercial liability
insurance in the amount of $2,000,000, and shall provide the City with satisfactory
proof of the continued insurance coverage during the term of this License
Agreement or any renewal or extension thereof. Such insurance shall include the
City as an additional named insured.
14. Bond. Licensee shall provide the City with a bond in the amount of Two
Hundred Thousand Dollars ($200,000.00) ("Bond") running or renewable for the
term of this License Agreement, in a form and substance reasonably acceptable to
the City. In the event Licensee fails to substantially comply with any one or more of
the provisions of this License Agreement, following written notice and a reasonable
opportunity to cure, then there shall be recovered jointly and severally from
Licensee and the bond any actual damages suffered by the City as a result thereof,
including but not limited to staff time, material and equipment costs, compensation
or indemnification of third parties, and the cost of removal or abandonment of
Facilities and repair of the License Area by the City. Licensee agrees to replenish
the Bond within 14 days after written notice from the City that there is a deficiency
in the amount of the Bond. The amount of the Bond shall not be construed to limit
Licensee's liability or to limit the City's recourse to any remedy to which the City is
otherwise entitled at law or in equity. All bonds provided to the City under this
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 6
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
��
Section 14 shall be with sureties registered with the Washington State Insurance
Commissioner or other financial institutions acceptable to the City.
15. Maintenance and Repair. Licensee shall, at its sole cost and expense, and
throughout the term of this License Agreement, keep the License Area and its
Facilities in good condition and in a good and safe state of maintenance and repair.
16. Regulation of Use and Control. This License Agreement does not deprive
the City of any power, rights, or privileges it now has or may later acquire in the
future to regulate the use of and to control the City right-of-way covered by this
License Agreement.
17. Enforcement. Failure of the City, on one or more occasions, to exercise a
right or to require compliance or performance under this License Agreement or any
applicable law shall not be deemed to constitute a waiver of such right or a waiver
of the compliance or performance, unless such right has been specifically waived in
writing by the City. Failure of the City to enforce or exercise its rights under any
provision of this License Agreement or applicable law does not constitute a waiver
of its rights to enforce or exercise a right in any other provision of this License
Agreement or applicable law.
18. Street Vacation.
18.1 The City reserves the right to vacate, in accordance with applicable laws, the
City right-of-way covered by this License Agreement. The City shall endeavor to
give Licensee written notice of its intent to vacate the right-of-way subject to this
License Agreement as soon as possible.
18.2 If the City right-of-way or portion thereof used by the Licensee is vacated by
the City during the term of this License Agreement, this License Agreement shall
terminate with respect to this vacated right-of-way as of the effective date of such
vacation. Continued use by the Licensee of the vacated right-of-way or portion
thereof may be negotiated between the Licensee and the owner of the vacated
right-of-way or portion thereof.
18.3 If at any time the City vacates any City's right-of-way covered by this
License Agreement, the City shall not be liable for any damages or loss to the
Licensee by reason of such vacation.
19. Modification. This License Agreement may not be modified, altered, or
amended unless first approved in writing by both the City and Licensee.
20. Assignment. Licensee shall not assign all or any portion of its rights,
benefits, or privileges in and under this License Agreement without prior written
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
approval of the City, except that Licensee may, upon written notice to the City,
assign or transfer its rights arising under this License Agreement to any
corporation, partnership or other entity which (a) is controlled by, controlling or
under common control with Licensee, (b) shall merge or consolidate with or into
Licensee, (c) shall succeed to all or substantially all the assets, property and
business of Licensee, or (d) is an affiliate or subsidiary or other party as may be
required in connection with any offering, merger, acquisition, recognized security
exchange or financing.
21. Attorney Fees. In the event of claim or litigation regarding the enforcement
of the terms of this License Agreement, each party shall be responsible for its own
legal costs and attorney fees except as noted in Section 12.
22. Compliance with Laws. Licensee shall comply with all federal, state and
municipal laws, rules and regulations that are now or that may become applicable
to this License Agreement.
23. Notices. All notices and payments hereunder may be delivered, mailed in the
U.S. mail, certified and postage paid, or sent by next-business day delivery via
nationally recognized overnight courier to the following respective addresses or to
such other respective addresses as either party may hereafter designate in writing:
To the City: City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attention: Public Works Director
To Licensee: Clear Wireless LLC
Sprint Property Services
Site ID No: SE52XC259
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: SE52XC259
Mailstop KSOPHTO101-Z2020
6391 Sprint Parkway
Overland Park, Kansas 66251-2020
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 8
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Gear Wireless LLC) 6l/
24. Emergency. In the event of any bona fide emergency in which any portion of
the Facilities breaks, becomes damaged, or in any other way becomes an
immediate danger to the property, life, health or safety of any individual or the
public in general, Licensee shall, upon receipt of written notice from the City,
immediately take the proper emergency measures to remedy the dangerous
condition without first applying for and obtaining a permit as required by this
License Agreement. However, the emergency work shall not relieve Licensee from
its obligation to obtain all permits necessary for this purpose, and Licensee shall
apply for those permits within the next 5 successive business days.
25. One Call Locator Service. Prior to doing any work in the right-of-way, the
Licensee shall follow established procedures, including contacting the Utility
Notification Center in Washington and comply with all applicable State statutes
regarding the One Call Locator Service pursuant to chapter 19.122 RCW. The City
shall not be liable for any damages to Licensee's Facilities or for interruptions in
service to Licensee's customers that are a direct result of Licensee's failure to locate
its Facilities within the prescribed time limits and guidelines established by the One
Call Locator Service regardless of whether the City issued a permit.
26. Miscellaneous.
26.1 This License Agreement shall be construed in accordance with the laws of the
State of Washington. Venue and jurisdiction of any lawsuit arising out of the
performance or obligations of this License Agreement shall be in the King County
Superior Court, Kent Regional Justice Center, Kent, Washington.
26.2 If any term of this License Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this License Agreement, which
shall continue in full force and effect.
26.3 This License Agreement contains the entire agreement between the parties
with respect to the License Area and, in executing it, the City and Licensee do not
rely upon any statement, promise, or representation, whether oral or written, not
expressed in this License Agreement. Any acts occurring between the
Commencement Date and execution of this License Agreement, and consistent with
the terms and conditions contained herein, are hereby ratified. This License
Agreement shall be effective upon the last day executed below.
26.4 The parties acknowledge that this Facility was previously the subject of a
right of way use agreement between Licensee and King County before the City
annexed the License Area. The City and Licensee acknowledge and agree that the
Prior Agreement is terminated effective as of the Commencement Date of this
License Agreement, and that thereafter, the terms and conditions of this License
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 9
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
Agreement shall be the sole instruction governing the licensing of space by Licensee
at the License Area.
26.5 Each person executing this License Agreement warrants that he or she has
the requisite authority to bind the party for whom that person is executing.
IN WITNESS WHEREOF, the parties hereto have signed this License
Agreement as of the day of 1 201 .
CITY: LICENSEE
CITY OF KENT CLEAR WIRELESS LLC,
a Nevada limited liability company
Pr' N me Suzette nnkp" Print Name: Silvia 3. Lin
s: Ale, Its. Manager - Reail Estate
t '91 V -0 C7
e Date: -- ..........
APPROVED AS TO FORM:
Kent Law Department
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLQ
4L
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:_ N'�/- /'5-, g a/,-/?
-Notary Seat Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand anid official seal
the day and year first above written.
d
(0 (Sig4ure)
�4
re 4,
7 NOTARY PUBLIC, in and for the State
AAiI 0 at IC41x7�
't. G -Z of Washington, residing res - -
III, WASO My appointment expires 'z7
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 11
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
3
i
_ Q
kirrrt
STATE OF
ss.
COUNTY OF Ja k&401^-- }
I certify that I know or have satisfactory evidence that St Idt a is
the person who appeared before me, and said person acknowledged that (he/she)
signed this instrument, on oath stated that (he/she) was authorized to execute the
instrument and acknowledged it as the MaKa.,ar- R.-,j C4-j of
UeAv-.W,mlw LLd,.- , a4ckAA� ItA-[,�, to be the free and voluntary act of
such party for the uses and purposes mention the instrument.
Dated: 4 9114 Il l
-Notary Sea!Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
Teryion D Shelby (Sig ture)
Notary Public State of Kansas NOTARY PUBLIC, in and for the State
MyAppt Expires y-19-4a.0 of-4004ten, residing at b e 4m.4 op
My appointment expires d 0-0-ze q
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 12
SE52XC259-CLWR-WA-TAC391 (site name)
(between the City of Kent and Clear Wireless LLC)
Exhibit A
License Area and Site Plan
(See attached.)
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