HomeMy WebLinkAboutL18-088 - Original - KC Facilities Management Division - Cambridge PSERN-12 - 03/15/2018 CITY CLERK
CITY OF KENT
RM"'ENT
W A 5 H I 3 7 D N 220 4'h 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 I - CONTRACT PROCESSING AND TENANT' SET-UP:
Contract Number: 0<6 _Osk
1. Responsible Department/Division: Public Works / Water
2. Contact Person and Title: Sean Bauer, Water System Manager
Telephone Extension: 5610
I Tenant (Customer) Name: King County
4. Tenant (Customer) Number: 20,6-477-9373 Gail Houser
5. General Ledger Account Number: 41005S50.56260
6. King County Tax Parcel Number: 332205-9177
7. Address of Parcel: 12523 Southeast 286th P1, Auburn, WA - Cambridge
Tank Site
8. Type of Lease: Puget Sound Emergency Radio Netowork - Cell Tower
9, Council Authorization Date: October 17, 2017 / April 18, 2017
10. Mayor Signature Date: October 18, 2017 / 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 1"
Lease Agreement Coveir Sheet—Page 1 of 2
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.
SECTION 4 - LEASEHOLD EXCISE TAX:
18. Is this lease subject to leasehold excise taxes?
® YES (go to Question 19)
❑ NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
❑ YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
® NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
❑ YES Calculate the leasehold excise tax (Stated Rent divided by
1.1284)
® NO Calculate the leasehold excise tax (Stated Rent times .1284)
SECTION 5 - APPLICABLITY OF UTILITIES:
21. Applicability of Utilities - Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
® Does Not Apply
❑ Water:
❑ Sewer:
❑ Drainage:
❑ Garbage:
❑ Electricity/Natural Gas:
SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES:
22. Monetary Penalties: 5% 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
•
KENT
'N �11 rrGr p n
Agenda Item: CONSENT - 7M
TO: City Council
DATE: October 17, 2017
SUBJECT: Puget Sound Emergency Radio Network Lease Agreement - Cambridge
Water Tank Site - Authorize
MOTION: Authorize the Mayor to enter into a lease agreement with King County to
operate and maintain a wireless communication facility at the Cambridge Tank site
for the Puget Sound Emergency Radio Network ("PSERN") subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: King County is requesting authorization to install wireless communications
facilities at the Cambridge Tank site located at 3301 S. 264th Street, for the Puget
Sound Emergency Radio Network. The equipment will be used to provide better service
in King County. The obligation for King County to pay rent will commence after several
conditions have been met, including the termination of the lease between the City and
ValleyComm and the assignment of ValleyComm's facilities to King County. Rent will be
$4,320.00 per lease year and will increase by 15% of the then-current rental rate on
each successive five year anniversary of the first full lease year. The term of this
Lease will be for a period of 25 years.
EXHIBITS: Lease Agreement
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: The Water utility will receive revenue totaling $4,320.00 per year.
Ding County
Facilities Management division
Real Estate Services
500 4th Avenue, Suite 800
Seattle, WA 98104
Phone: (206) 477-9373
Email: ,h tl r inagm!D Y,9QY
March 15, 2018
Cheryl Viseth
Engineering Administration
City of Kent, Public Works Department
220 Fourth Avenue South
Kent, WA 98032
RE Executed Documents for Cambridge- 'SERN-12
Cambridge Communications Site - Lease Agreement
Cambridge Communications Site-Memorandum of Lease
Dear Cheryl,
Thank you for the City of Kent's partnership and work with King County on the lease at the
Cambridge Communications site for the new Puget Sound Emergency Radio Network.
The site is located at 3300 South 2641h Street, Kent, Washington and known by the City of
Kent as the Cambridge Tank property.
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 the next two weeks. I
will forward the recorded document via email to you and. Michelle so you have the final,
recorded MOL.
Thank you again Cheryl for your assistance and feel free to contact me at (206) 477-9373
if you have any questions.
Sincerely
G i Houser
Special Project Manager/PSERN
King County, Facilities Management Division
Real Estate Services
enclosures:
Cambridge Communications Site Lease Agreement (executed original)
Cambridge Communications Site Memorandum of Lease (executed, unrecorded original)
Y
King County Lease #: PSERN-12
King County Site Name: Cambridge
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made 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 3300 S. 264th Street, Kent, Washington ("Cambridge
Tank").
BACKGROUND
A. Landlord is the owner in fee simple of a parcel of land located in the City of
Kent, King County, Washington, legally described on the attached Exhibit A (the
"Property").
B. Landlord has leased a portion of the Property ("ValleyComm Lease") to Valley
Communications Center, an administrative agency formed pursuant to RCW 39.34
("ValleyComm"), for the installation and operation of a tower, shelter, fuel storage tank,
utilities and associated equipment and improvements ("ValleyComm Facilities").
C. Tenant intends to acquire the ValleyComm Facilities listed in Exhibit D, and
sublet space on the acquired ValleyComm Facilities back to ValleyComm and ValleyComm's
tenants located thereon; simultaneously Landlord intends to terminate the ValleyComm
Lease so that Tenant may lease the space on the Property on which the ValleyComm
Facilities are located.
D. Tenant desires to lease that portion of the Property depicted on the attached
Exhibit B, together with nonexclusive access and utility easements, as described or
depicted on the attached Exhibit C, to construct, operate and maintain a communication
facility and associated equipment and improvements.
E. 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.
F. 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. Lease.
1.1. Leased Premises. Landlord leases to Tenant and Tenant leases from
Landlord that portion of the Property described on the attached Exhibit A and depicted on
the attached Exhibit B (the "Premises") together with non-exclusive easements for
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 1 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
ingress, egress and utilities over the Property as depicted on Exhibit B and Exhibit C (the
"Easements"). 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.
1.2. 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.
2.1. The term of this Lease shall be for a period of twenty-five (25) years,
commencing on the Commencement Date, as defined in Section 2.2, and terminating on
the last day of the month in which the twenty-fifth anniversary of the Commencement Date
occurs.
2.2. The"Commencement Date"shall be the last date after both Landlord's
and Tenant's authorized representatives have executed this Lease and on which all of the
following conditions have been met:
(a) the ValleyComm Lease and all subleases and licenses thereto are
terminated by mutual consent of ValleyComm and Landlord on terms approved in writing
by the Tenant;
(b) ValleyComm assigns through written agreement to Tenant and
Tenant assumes from ValleyComm all or part of the ValleyComm Facilities; and
(c) ValleyComm and Tenant enter into a written agreement for
ValleyComm's sublease of space within the Premises for ValleyComm's continued operation
of such ValleyComm Facilities that are not transferred to Tenant (if applicable).
In the event that all such conditions have not been met within eighteen (18) months after
the date this Lease is fully executed by both parties, Tenant shall have the right, upon
written notice to Lessor, to deem this Lease null and void and of no further force or effect.
Landlord and Tenant agree that they shall acknowledge the Commencement Date as follows:
Tenant shall notify Landlord in writing of the Commencement Date and within ten (10)
business days of receipt thereof, Landlord shall acknowledge the Commencement Date by
returning the signed written instrument to Tenant.
3. Rent.
3.1. Tenant's obligation to pay rent under this Lease shall commence upon
the Commencement Date. As used herein, a "lease year" shall be January 15t 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 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
Commencement Date. Thereafter, Rent shall be paid to Landlord annually in advance, on
LEASE AGREEMENT AT CAMBRIDGE TANK — Page 2 of 25
(Landlord: City of Kent; Tenant:King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
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 acknowledgement
confirming the 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.
3.2. All Rent payments shall be mailed to:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attention: Facilities Superintendent
3.3. 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.
3.4. 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
Commencement Date. For example purposes only, if the 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.
3.5. Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset.
4. Use of Premises.
4.1 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,
including but not limited to the ValleyComm Facilities Tenant acquires, 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.
4.2 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
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 3 of 25
(Landlord: City of Kent; Tenant., King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
reasonably assist Tenant with such applications and with obtaining and maintaining the
Government Approvals.
4.3 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 4.3, Tenant must receive prior e-mailed approval from
Landlord's Public Works Director or his/her designee.
5. Tenant Improvements.
5.1 (a) Tenant may improve the Premises by constructing the
Improvements as depicted on Exhibit B and described on Exhibit D. Tenant is responsible
to provide all labor, materials, equipment, and insurance 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. 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 plans and specifications. The
plans and specifications review schedule described within this Section 5.1(a) does not apply
to the City of Kent acting as a governmental entity issuing permits and other approvals for
these Improvements, and Tenant shall pay all permit costs in addition to Rent described in
Section 3.
(b) 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 any trenching on the Property.
Landlord's consent shall not be unreasonably withheld, delayed or conditioned. After the
initial installation of the Improvements, except as provided within this Section 5.1(b),
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 Easements.
(c) 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.
5.2 (a) 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
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 4 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
s
King County Lease #: PSERN-12
King County Site Name: Cambridge
other equipment, structures or operations on the Property, including use of the Property by
Other Providers as described in Section 6.1, Landlord, or any of Landlord's assignees.
(b) Upon removal of the Improvements, as provided in Section
5.2(a), Tenant shall restore all affected areas of the Property, the Premises and the
Easements, normal wear and tear excluded, to the reasonable satisfaction of Landlord.
(c) All costs and expenses for the removal of the Improvements and
restoration of the Property, the Premises and the Easements and any costs and expenses
arising from this removal shall be solely borne by Tenant.
6. Use by Other Providers.
6.1 Subject to the terms of Section 13.3, Tenant shall cooperate with each
new other communications provider that Landlord leases space on the Property to ("Other
Provider(s)"), excluding space within the Premises.
6.2 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 its personal
property located on the Property and the Easements, unless the Landlord's personal
property and/or Easements 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.
8.1. 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, including any new landscaping that may be
required through the permitting process. 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 new landscaping, at Tenant's sole expense, that
may be required by any necessary City of Kent permits. The use of herbicides or
insecticides by Tenant on the Premises is strictly prohibited.
8.2. 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
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 5 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
take action necessary to abate the threat and shall give Tenant notice of such actions taken
as soon as is reasonably possible thereafter.
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' 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 Easements 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 Easements.
12. Approvals; Compliance with Laws. Tenant's use of the Premises and
Easements 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.
13.1 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 Property (outside of the Premises); 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. 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.
13.2 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.
13.3 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
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 6 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
requested by Tenant to Tenant for review for noninterference; however, Landlord shall not
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 any proposal to
make any objections thereto, and failure to make any objection within this forty-five (45)
day period shall constitute 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. If the Other Provider
actually interferes with the operations of Tenant, Landlord shall make good faith efforts to
have the Other Provider cease operations 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:
14.1 Tenant fails to pay Rent or any other sums payable to Landlord when
due, and does not cure such default within thirty (30) calendar days after receipt of written
notice;
14.2 Tenant removes its Improvements on the Premises for a period longer
than six (6) consecutive months and fails to replace them during this time period;
14.3 Tenant fails, at any time during this Lease, 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;
14.4 Tenant is finally adjudicated as bankrupt or makes any assignment for
the benefit of creditors;
14.5 Tenant becomes insolvent;
14.6 Either party fails to perform any other covenant or condition of this Lease
and does not cure such default within thirty (30) calendar days after receipt of written notice
specifying the failure 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
14.7 Tenant fails at any time to maintain insurance as required in Section 21
of this Lease and the attached Exhibit E and this failure is not cured within fifteen (15)
days following Tenant's receipt of written notice of this failure.
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 7 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
15. 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 the sums and expense. If the defaulting party disputes the
appropriateness of the interest, costs and damages in good faith, the defaulting party will
pay the 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 the
payment shall be subject to refund if the defaulting party's position is upheld by a court of
competent jurisdiction.
16. Optional Termination.
16.1 Optional Termination by Tenant. This Lease may be terminated
by Tenant if:
(a) Tenant 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;
(b) 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; or
(c) 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.
16.2 Optional Termination by Landlord. This Lease may be terminated
by Landlord:
(a) 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;
(b) 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;
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 8 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
(c) If Tenant's use of the Premises violates applicable laws or
ordinances; or
(d) If Tenant loses its license to provide service for any reason,
including, but not limited to, non-renewal, expiration, or cancellation of its license.
17. Termination: Notice. Except as otherwise provided in Section 16.2(a) any
notice of termination pursuant to Section 16 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 26.
18. Damage or Destruction. If Tenant's Improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no
fault or negligence of Tenant, Tenant may elect to terminate this Lease upon 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 5.2. This Lease (and Tenant's
obligation to pay Rent) shall terminate upon Tenant's fulfillment of the obligations set forth
in Section 5.2 and Tenant shall be entitled to the prorated reimbursement of any prepaid
Rent. If 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.
19. 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 the 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. 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 the 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.
20. Indemnity.
20.1 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,
LEASE AGREEMENT AT CAM BRIDGE TANK - Page 9 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
maintenance, repair, use, operation, condition or dismantling of the Property, the Premises,
the Easements, and any Improvements made by Tenant.
20.2 Tenant 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 granted by this Lease,
except to the extent of the Landlord's negligence and willful misconduct.
20.3 Landlord Indemnification. 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.
20.4 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 Easements. 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 (ii) to any dangerous conditions arising from Landlord's negligence
or willful misconduct.
21. 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.
22. Hazardous Substance Indemnification. Tenant represents and warrants that
its use of the Premises and Easements will not result in the negligent or intentional
introduction, storage, disposal, or transport over the Premises and Easements 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
Easements 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
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 10 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
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.
23. 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 (125%) of the 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.
24. Acceptance of Premises. With the exception of latent defects and any
hazardous substance contamination existing prior to the Commencement Date, by taking
possession of the Premises, Tenant accepts the Premises and Easements "AS-IS," in the
condition existing as of the Commencement Date. Landlord makes no representation or
warranty with respect to the condition of the Premises or Easements, or their fitness for any
of Tenant's intended uses thereof.
25. 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.
26. 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: Cambridge PSERN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98104
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 11 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
e
King County Lease #: PSERN-12
King County Site Name: Cambridge
With a copy to: King County Facilities Management Division
Director's Office
Attn: Gail Houser
Re: Cambridge PSERN Lease
500 Fourth Avenue, Suite 800
Seattle, WA 98104
With a copy to: King County
Emergency Radio Communications Division - KCIT
Attn: Marlin Blizinsky
Re: Cambridge PSERN Lease
401 Fifth Avenue, Suite 600
Seattle, WA 98104
27. Subletting and Assi_ nment.
27.1 Tenant shall not sublet all or any part of the Premises without Landlord's
prior written consent, which consent shall not be unreasonably withheld, delayed or
conditioned; provided that Tenant shall have the right without Landlord's consent to sublet
space within the Premises to ValleyComm and any tenant of ValleyComm that is using any
part of the ValleyComm Facilities as of the date the ValleyComm Lease is terminated.
27.2 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.
27.3 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.
27.4 In the event of an assignment, the assignee shall assume all liability of
the assignor and the assignor will be relieved of all future performance, liabilities and
obligations under this Lease to the extent of such assignment.
28. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other
space outside of the Premises 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
13.3 above.
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 12 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
29. 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.
30. 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.
31. Taxes. Tenant shall pay all real and personal property taxes (or payments in
lieu of taxes) and assessments for the Premises and Easements that are directly the result
of Tenant's Improvements, if any, which become due and payable during the Term of this
Lease.
32. Miscellaneous.
32.1 Landlord and Tenant represent that each, respectively, has full right,
power, and authority to execute this Lease.
32.2 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.
32.3 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 20 and 22.
32.4 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.
32.5 Landlord covenants that Tenant, on paying the Rent and performing the
covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
32.6 Landlord agrees to sign a short form Memorandum of Lease that Tenant
may record at Tenant's expense.
33. Non-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
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 13 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
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.
[SIGNATURES ON FOLLOWING PAGE]
LEASE AGREEMENT AT CAMBRIDGE TANK — Page 14 of 25
(Landlord: City of Kent; Tenant: King County for PSERN). (2017)
King county Lease #: PSERN-12
King County Site Name: Cambridge
IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of
the date and year set forth below.
LANDLORD: TENANT:
CITY OF KENT KING COUNTY
By: By:
Print Na tuette Cooke Print Nam : A thou Q. Wri ht
Its: o Its: Direc r acili' es M na ement Division
Dat . Date: t
APPROVED, AS TO FORM: APPROVED AS TO FORM:
Kent Law Department Busch Law Firm PLLC
[ACKNOWLEDGMENTS ON FOLLOWING PAGES]
LEASE AGREEMENT AT CAMBRIDGE TANK - 'Page 15 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
STATE OF WASHINGTON
) ss.
COUNTY OF KING
I certify that I know or, have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated: C)C-Jdaey B 12-0 1-1
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year fi�Ak, Bove written,
0 7-0
5 4Q 0
LU 5
C05 m _U
11% z7 (Signatu re
C P
NOTARY PUBLIC in and for Y'n
St to
of Washington, residing at t_
�11)1111 '9_ATE_ 0 My appointment expires GO :C&—Q
LEASE AGREEMENT AT CAMBRIDGE TANK — Page 16 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Anthony O. 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:3//,5-// 5
-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.
TAMI L ELMER
NOTARY PUBLIC (Signature)
STATE OF WASHINGTON
My Commission Ex$m August yg,2WI NOTARY PUBLIC, in a n d fo a State
of Washington, residing at
My appointment expires o`Z�
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 17 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
EXHIBIT A
LEGAL DESCRIPTION OF
LANDLORD'S PROPERTY &THE PREMISES
Legal Description of Landlord's Property:
PARCEL A:
EXHIBIT A LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED
AS FOLLOWS:
THE SOUTH 20 FEET OF THE NORTH 310 FEET OF THE EAST 120 FEET OF THE
WEST 360 FEET THEREOF;
TOGETHER WITH THE SOUTH 250 FEET OF THE NORTH 470 FEET OF THE EAST
210 FEET OF THE WEST 570 FEET THEREOF;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT;❑THENCE SOUTH
ALONG THE EAST LINE OF SAID TRACT 140 FEET TO POINT OF BEGINNING;
THENCE SOUTH ALONG SAID LINE 110 FEET;❑THENCE WEST ALONG THE
SOUTH LINE OF SAID TRACT 65 FEET;❑THENCE NORTHEASTERLY TO TRUE
POINT OF BEGINNING.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY INSTRUMENTS
RECORDED UNDER RECORDING NUMBERS 7906081065 THROUGH
7906081073, INCLUSIVE, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST, QUARTER OF SECTION 27, TOWNSHIP
22 NORTH RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED
AS FOLLOWS:
BEGINNING.AT THE NORTHEAST CORNER OF THE SOUTH 250 FEET OF .THE
NORTH 470 FEET OF THE EAST 210 FEET OF THE WEST 570 FEET; BEING THE
TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;❑THENCE
NORTH 89014'19" WEST ALONG THE NORTH LINE OF SAID SOUTH 250 FEET A
DISTANCE OF 30 FEET;
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 18 of 25
(Landlord: City of Kent; Tenant:King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
THENCE NORTH A DISTANCE OF 35 FEET, MORE OR LESS, TO THE SOUTHERLY
MARGIN OF HAMPTON WAY;❑THENCE IN A SOUTHERLY AND EASTERLY
DIRECTION ALONG SAID SOUTHERLY MARGIN TO A POINT WHICH LIES
NORTH OF THE TRUE POINT OF BEGINNING:
THENCE SOUTH A DISTANCE OF 17 FEET, MORE OR LESS, TO THE TRUE POINT
OF BEGINNING.
PARCEL C:
THAT CERTAIN PROPOSED INGRESS, EGRESS, WATERLINE INSTALLATION,
MAINTENANCE, DRAINAGE & REPAIR EASEMENT, AS MORE PARTICULARLY
DESCRIBED IN CITY OF KENT BOUNDARY LINE ADJUSTMENT, RECORDED
UNDER RECORDING NUMBER 20100811900001.
SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON.
APN: 272204-9157
Address: 3300 S. 264th Street, Kent, Washington
Legal Description of the Premises:
A tract of land located in the Northwest Quarter of the Southwest Quarter of
Section 27, Township 22 North, Range 4 East, W.M., in King County,
Washington, being also a portion of Parcel B of City of Kent Boundary Line
Adjustment No. LL-2010-7, recorded under King County Recording No.
20100811900001, described as follows:
Commencing at a found cased monument in the centerline of Hampton Way at
the point of curvature just west of the intersection with Eton Court, from which
point a found cased monument in the centerline of Hampton Way at the point of
tangency just south of the intersection with S 264th Street bears North
54012'05" West 267.12 feet;
Thence South 59021'21" West 336.87 feet to the northeast corner of a fenced
compound and the Point of Beginning;
Thence along said fenced compound, South 00025'14" West 74.42 feet to the
south line of said Parcel B;
Thence along said south line, North 89014'50" West 45.33 feet to the southwest
corner thereof;
Thence along the west line thereof, North 00059'47" East 75.50 feet to the
intersection with the fenced compound;
Thence along said fenced compound, South 88038'01" East 32.29 feet;
Thence continuing along said fenced compound, South 85050'20" East 12.31 feet
to the Point of Beginning;
Containing 3,380 square feet, more or less.
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 19 of 25
(Landlord: City of Kent; Tenant:King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
EXHIBIT B
DEPICTION OF PREMISES
SQ_
H
- - 3N - - � cc
` Z-- 1 �3d _
1 �6�%.
d
z
O
1
^Z w
v 1
� ? SwF— 1
p -jz of
�—
rti �^
aI Qw � Of
w
F- apl�
�1
a_
SS3aO3 x *—
�-0
SS3 N
1 j
t- cn 0� f- ^
wQ
J Y
� J W � L=i � W� O Q W
Q (n Q W Ld V7 J W W Of W
vQ � = z z a. to
1 1 �O Z to � z U) (� (n D
Z W ZO z ^w Z >
Q 1- U Q U H zv Q (n
U
ZQ Ui� U UJ U
(n H Q
w Z —i x
Z Q W
Q
Z �-
O
H
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 20 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
b n
King County Lease #: PSERN-12
King County Site Name: Cambridge
EXHIBIT C,
DESCRIPTION OF EASEMENTS
fy
n
0
N9
X `VOZY�
>1
C,) 0 LL- Effill JA CIQ
1 C3LL-
1—
< 0 0
`ram E Of Lt_ 0 J t,�-_=: C
c s 0 P<
C13 C3D r 1 — o
iC00 ,� WW:_
UJ �
IaV —
I � .,Ly<
{ LLJvLsJ _! if I
[ z
[L LU
C[
D
< w
W
U
S 3V CIC
S CI livilln
z
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 21 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
5
King County Lease #: PSERN-12
King County Site Name: Cambridge
EXHIBIT D
VALLEYCOMM FACILITIES TO BE ACQUIRED BY KING COUNTY/PSERN
• 140ft tower
• 60kw diesel generator
• 24'4" x 22'4" (543 sq.ft.) equipment shelter, including the utilities and HVAC
therein
• 2,000-gallon fuel storage tank
SCOPE OF WORK FOR THE IMPROVEMENTS TO BE COMPLETED BY KING
COUNTY/PSERN
• Extend the existing 140ft tower by 20ft to 160ft
• Install two (2) microwave dishes and six (6) omni-directional antennas on
the existing extended tower
• Replace the existing 60KW diesel generator with a new 80KW diesel
generator
• Install a new sound-attenuating fence and gate around the new generator
Install a new 12'x20' prefabricated equipment shelter
Install a new ice bridge and cable tray from the new shelter to the existing
tower
Trenching from the existing Puget Sound Energy (PSE) pad-mounted
transformer (located just north of the existing compound fence) to a new H-
Frame with meter and disconnect just inside the fence. This is required for
King County's new 120/240V 200A service from PSE
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 22 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
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.
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 23 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
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 1185 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.
E. Verification of Coverage.
LEASE AGREEMENT AT CAMBRIDGE TANK — Page 24 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-12
King County Site Name: Cambridge
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.
LEASE AGREEMENT AT CAMBRIDGE TANK - Page 25 of 25
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
A �
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 Nanagement Services
Insurance and Contracts Group
Rev 3/1/2017
Return to:
King County Facilities Management Division
Real Estate Set-vices
Attention: Leasing Supervisor
Re: Cambridge PSERN Lease
500 Fourth Avenue,, Suite 830
Seattle, WA 98104
MEMORANDUM
OF
LEASE
Landlord: City of Kent, a Washington municipal corporation
Tenant: King County, a political subdivision of the State of Washington
Abbreviated Legal PTN NW/SW 27-22-4
Description: Official legal description attached as Exhibit I
Assessor's Tax Parcel ID 4: 2722049157
Recording Numbers of Does not apply
Prior Recorded Documents:
County: King State: Washington
This Memorandum of Lease is entered into on this 1 day of JMH. ......._, 201 by and
between the City of Kent, a Washington municipal corporation, having a mailing address of 220 Fourth
Avenue South, Kent, WA 9'8032 (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 enter d into a certain Lease Agreement ("Lease") on the jr- day of
JMAgj���, 201"Kr the purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing is set forth ill the
Lease.
2. The initial lease term will be twenty-five (25) years, commencing on the Commencement
Date (as that capitalized term is defined in the Lease), and terminating on the last day of the
month in which the twenty-fifth anniversary of the Commencement Date Occurs.
3. The portion of the land being leased to Tenant and associated easements granted to Tenant
are described and/or depicted in Exhibit I annexed hereto.
4. This MernorandUrn of Lease 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,
c'
all of which are hereby ratified and affirmed. in the event of a conflict between the
provisions of this Memorandum 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, subject to the provisions of the
Lease.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year
first above written.
"LANDLORD"
City of Kent, a Washington municipal
corporation
By:
Prin azne: uzette Coolie
I : ar r
ate: `
"TENANT"
King County, li al division of the
State of Was in
By:
Print Na Ye A.nthot 1D. Wri2lit
Its: lair actor Iaciliti. l'via .vementDivision
Date: G 4
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that Suzette Cooke is the person who
appeared before me, and that she acknowledged that she signed this instrument, on oath stated that
she was authorized to execute the instrument and acluiowledged 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 this Ct"%- day of 12017.
)4f, It,, Notary Signature:
ymq,� 0
V� ,X 1)� �Al-,,e 0- Z,
Printed Name 4440(�-q A. V,60AO-fo
01
Notary Public for t1je State of Washington
0 z
Residing I...
9,
x tp My Commission Expires:
N
STATE OFWAS `ON
) 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 this 15 day of
Notary Signature:
TAMI L ELMER Printed Name: -e— r
NOTARY PUBLIC Notary Public for the State of Washington
STATE OF WASHINGTON Residing In:A�[
My CO-Msslon Expires August 26,2021 My Commission Expires:
EXHIBIT I
Page I of 3
to the Memorandurn of Lease dated V)&�C A4 16- 201 , by and between the City of Kent, a
Washington municipal corporation, as Landlord, and King County, a political subdivision of the State of
Washington, as Tenant.
The real property on which the Premises is located is legally described as follows:
PARCEL A:
EXHIBIT A LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
THE SOUTH 20 FEET OF THE NORTH 310 FEET OF THE EAST 120 FEET OF THE WEST
360 FEET THEREOF;
TOGETHER WITH THE SOUTH 250 FEET OF THE NORTH 470 FEET OF THE EAST 210
FEET OF THE WEST 570 FEET THEREOF;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT;I "THENCE SOUTH
ALONG THE EAST LINE OF SAID TRACT 140 FEET TO POINT OF BEGINNING;
THENCE SOUTH ALONG SAID LINE 11.0 FEET;1 '!THENCE WEST ALONG THE SOUTH
LINE OF SAID TRACT 65 FEET;f !THENCE NORTHEASTERLY TO TRUE POINT OF
BEGINNING.
PARCELB:
AN EASEMENT FOR INGRESS AND EGRESS AS DISCLOSED BY INSTRUMENTS
RECORDED UNDER RECORDING NUMBERS 7906081065 THROUGH 7906081073,
INCLUSIVE, DESCRIBED AS FOLLOWS:
THAT PORTION OF T14E SOUTHWEST, QUARTER OF SECTION 27, TOWNSHIP 22
NORTH RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 250 FEET OF THE NORTH
470 FEET OF THE EAST 210 FEET OF THE WEST 570 FEET; BEING T14E TRUE POINT
OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 89'14'19"
WEST ALONG THE NORTH LINE OF SAID SOUTH 250 FEET A DISTANCE OF 30 FEET;
EXHIBIT 1
Page 2 of 3
THENCE NORTH A DISTANCE OF 35 FEET,MORE OR LESS,TO THE SOUTHERLY
MARGIN OF HAMPTON WAY;[7THENCE IN A SOUTHERLY AND EASTERLY
DIRECTION ALONG SAID SOUTHERLY MARGIN TO A POINT WHICH LIES NORTH OF
THE TRUE POINT OF BEGINNING:
THENCE SOUTH A DISTANCE OF 17 FEET,MORE OR LESS,TO THE TRUE POINT OF
BEGINNING.
PARCEL C:
THAT CERTAIN PROPOSED INGRESS,EGRESS, WATERLINE INSTALLATION,
MAINTENANCE,DRAINAGE&REPAIR EASEMENT, AS MORE PARTICULARLY
DESCRIBED IN CITY OF KENT BOUNDARY LINE ADJUSTMENT, RECORDED UNDER
RECORDING NUMBER 20100811900001.
SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON.
APN: 272204-9157
Address: 3300 S.264" Street,Kent,Washington
The Premises are described and/or depicted as follows:
A tract of land located in the Northwest Quarter of the Southwest Quarter of Section 27,
Township 22 North,Range 4 East, W.M., in King County, Washington, being also a portion of
Parcel B of City of Kent Boundary Line Adjustment No. LL-2010-7, recorded under King County
Recording No. 20100811900001,described as follows:
Commencing at a found cased monument in the centerline of Hampton Way at the point of
curvature just west of the intersection with Eton Court, from which point a found cased
monument in the centerline of Hampton Way at the point of tangency just south of the
intersection with S 264th Street bears North 54°12'05"West 267.12 feet;
Thence South 59°21'21" West 336.87 feet to the northeast corner of a fenced compound and the
Point of Beginning;
Thence along said fenced compound, South 00°25'14" West 74.42 feet to the south line of said
Parcel B;
Thence along said south line,North 89°14'50"West 45.33 feet to the southwest corner thereof,
Thence along the west line thereof, North 00°59'47" East 75.50 feet to the intersection with the
fenced compound;
Thence along said fenced compound, South 88°38'01"East 32.29 feet;
Thence continuing along said fenced compound, South 85°50'20" East 12.31 feet to the Point of
Beginning;
Containing 3,380 square feet,more or less.
EXHIBIT° 1.
Page 3 of 3
ry
W
0-
0
3NII cp
Ail d06d cc
J
-j
c
r
9I
0 �� � � u- W
o o I PAW C
W LJ
r < 0 �7 H I Ld I� J
c7 < * R
(D LU
_ I "
C\l
W N C) W 00
,
0 �
b CD
_ r W < N Lj w
W a ^W zttz_J CL I
'd L1 Ie
CQ
C W(f) LLJ
.._ awry W F <
CL W UJ
W :D W
W
to z
W W >C W
d
UJ U) W <
U) uj Li
z
W (S :qAV (IN30)
s Ovou Advil-illm
:
Ego
(0///l//"/E `EE
RNMA-1 E
PlE,
EllIII .............Wi A A Olvill-,
..............ff ""I'll,
MEN,
...........