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City Council Committees - Public Works/Planning - 02/02/2015 (3)
Public Works Committee Agenda 40 • Councilmembers: Brenda Fincher•Dana Ralph•Dennis Higgins, Chair KENT WASHINGTON February 2, 2015 4:00 p.m. Item Description Action Speaker Time Paae 1. Approval of Minutes Dated January 26, 2015 YES None 03 03 2. Limited Access License Agreement with YES Kevin Swinford 05 05 Verizon Wireless 3. Third Lease Renewal with Sprint Spectrum YES Kevin Swinford 05 47 Realty Co. L.P. 4. Information Only/Overview of Kent's Aging NO Heather Martin/ 25 67 Sewer System the impacts of Fats Oils and Greg Reed Grease 5. Information Only/Neighborhood Traffic NO Rob Knutsen 15 69 Calming Update Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 January 26, 2015 COMMITTEE MEMBERS PRESENT: Committee Chair, Dennis Higgins, and Committee members Dana Ralph and Brenda Fincher were present. The meeting was called to order at 4:02 p.m. Item 1 — Approval of Meeting Minutes Dated January 5, 2015: Committee member Fincher MOVED to approve the minutes of January 5, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 2 —Consultant Services Agreement with Shearer Design LLC for Design & Engineering Services for the 72nd Avenue South Extension Proiect: Design Engineering Supervisor, Ken Langholz recapped the committee members about this project. He noted that Public Works was successful in obtaining a $1,182,420 grant from the Washington State Transportation Improvement Board (TIB) for the 72nd Avenue Improvement Project in 2011. He noted that this grant is in jeopardy, if action is not taken soon. Langholz noted that 72nd Avenue South exists between South 180th and South 196th Streets and between South 200th and South 228th Streets in the industrialized area of Kent. There is a missing link between South 196th and South 200th Street that will be completed by this project, including a new bridge across Mill Creek. The proposal before the committee concerns structural engineering services required to prepare plans and specifications for the bridge over Mill Creek. Committee members tabled this item until staff could meet with the Regional Fire Authority regarding funding of the shortfall. Item 3 — Solid Waste Utility Tax — Residential Overlay Proiect Locations: Pavement Management Engineer, Joe Araucto noted that prior to the adoption of the Solid Waste Utility Tax, Public Works staff identified a number of residential streets throughout the City in need of an asphalt overlay. These locations were shared with Council in the Fall of 2014. Below is the list of 2015 streets in priority order for overlays: Street Name From To 1. 109 Ave SE SE 256 St SE 248 St 2. 118 PI SE SE 256 St SE 251 St 118 PI SE SE 256 St south end of street 3. Lake Fenwick Rd Reith Rd SE 2591h Place 4. S 2541h St Lake Fenwick Rd S 256 St S 253 St S 2541h St S 252 PI 43 PI S entire length entire length 42 PI S entire length entire length Araucto note that the preliminary design work, to determine the extent of rehabilitation, is currently underway. Along with the extent of needed rehabilitation measures, the cost of asphalt will affect the amount of work that can be performed within the identified 2015 budget of $1.5 million. 1 Public Works Committee Minutes 4 January 26, 2015 Committee member Ralph MOVED to recommend Council adopt the 2015 Solid Waste Utility Tax Residential Overlay projects priority order. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 4 - Information Only/2015 Capital Project Update: Design Engineering Manager, Mark Howlett provided an update to the committee on the 2015 construction schedule and discussed with committee members the status of the Business & Occupation projects. Information Only/No Motion Required The meeting was adjourned at 5:08 p.m. Cheryl Viseth Council Committee Recorder 2 5 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: January 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 2, 2015 From: Kevin Swinford, Source and Supply Supervisor, Water Section Through: Dave Brock, P.E., Interim Operations Manager Subject: Limited Access License Agreement between the City of Kent and Seattle SMSA Limited Partnership d/b/a Verizon Wireless Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Limited Access License with Seattle SMSA Limited Partnership d/b/a Verizon Wireless, to allow access and maintenance of Verizon's telecommunications system, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City granted an access license to Verizon Wireless in October of 2003 to cross a portion of the Clark Springs watershed. This license allowed Verizon Wireless limited access and a means to install the required utilities to an existing Bonneville Power Administration Tower for the purpose of establishing its telecommunications equipment. This original license was granted for five (5) years with four automatic renewal terms; however, the City and Verizon agreed to enter into a new license agreement in February of 2009, that license expired in February of 2014. The City has agreed to issue a new access license to allow Verizon to continue to service and have access to its leasehold while ensuring the safety of the City's water supply. The City of Kent has imposed strict compliance measures within this agreement to ensure the site and its prime purpose as a water source for the citizens of Kent is protected. This new license will be granted for an initial five (5) year term, with the option to renew for up to three (3) additional five (5) year terms. Verizon will pay an annual consideration of $20,400.00, with an increase equal to 115% of the previous term for each permitted renewal term. Exhibits: Limited Access License between the City of Kent and Seattle SMSA Limited Partnership dba Verizon Wireless Budget Impact: Verizon will pay an annual payment of $20,400.00, with an annual increase of one hundred fifteen percent (115%) of the annual payment due for the immediately preceding term. Funds will be deposited to the water fund. 6 This page intentionally left blank. 7 i verizop Verizon Wireless Pacific NW Real Estate 3245-158th Ave SE,ME 231 Bellevue,WA 98008 '.... I Fed Ex 2 DAY Delivery December 12,2014 City of Kent Division/ Law Department 220 Fourth Avenue South Kent,WA 989032 Attn: Cheryl Rolcik-Wilcox, Civil Legal Assistant i i Re: SEA FOUR CORNERS LIMITED ACCESS LICENSE Dear Ms. Rolcik-Wilcox: j Attached please find two (2) originals of the Limited Access License between the City of Kent and Seattle SMSA Limited Partnership Dba Verizon Wireless for our site SEA FOUR CORNERS, executed by Verizon Wireless on December 9, 2014. These documents now require the signature of the City of Kent. Once executed and notarized, please return one original to my attention. Verizon Wireless Shirley Vangen, Real Estate Specialist 3245—158"Ave SE, MS 231 Bellevue, WA 98008 Thank you on behalf of Verizon Wireless for your time and consideration in this matter. If you have any questions, please feel free to contact me at 425-603-2824 or 425-223-1351. Sincerely, Shirley A.Vangen, Real Estate Specialist SAV:sav Enclosure 8 i LIMITED ACCESS LICENSE BETWEEN THE CITY OF KENT AND SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS THIS LIMITED ACCESS LICENSE ("License") is between the CITY OF KENT, a Washington municipal corporation ("City"), and SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS, a Delaware limited partnership ("Licensee"). RECITALS A. Licensee holds a leasehold interest for antenna space at a Bonneville Power Administration structure located in the City of Kent and has erected an antenna on this existing structure for a telecommunications system; B. City is the fee owner of the parcel of real property upon which the Bonneville Power Administration structure is erected, pursuant to an easement previously granted by the City; C. This property is environmentally sensitive as it is the source of the City's water supply, the protection of which is vital to the City. D. City previously granted a license to Licensee, executed on October 8, 2003, and a subsequent license, executed February 18, 2009, together with two addendums thereto, for access, installation, maintenance, and operation of conduit and other communications facilities over and upon the real property described in Exhibit A to this License ("Property"). E. Under a prior license agreement between City and Licensee, Licensee installed a second conduit in the trench on the Property. This License does not permit use of the second conduit, and Licensee may not use the second conduit ; unless it obtains City permission through an additional license agreement. F. The previous license between the City and Licensee expired on February 17, 2014. The City has agreed to issue this License to allow Licensee to continue to service and have access to its leasehold, while ensuring the safety of the City's water supply. NOW, THEREFORE, CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License for a period of five (5) years, LIMITED ACCESS LICENSE--Page 1 (between City of Kent and Verizon Wireless) 9 with a retroactive starting date of February 18, 2014 (the "Commencement Date"), and ending on February 18, 2019, for Licensee's ingress and egress to its leasehold on the Bonneville Power Administration structure as shown in Exhibit A and to maintain Licensee's telecommunications system. A general description of the plans for the telecommunications system is attached as Exhibit B ("Improvements"). Together, the Property and Improvements shall be referred to as the "Premises." Future use of the second conduit installed by Licensee is prohibited under this License, and use of the second conduit by Licensee without having first obtained an additional license agreement from the City may result in immediate revocation of this License by the City. This License is subject to all the terms and conditions established below. This License may be extended for up to three (3) additional five (5) year terms (each a "Renewal Term") upon written notification by Licensee to the City of its desire to extend the term of the License at least six (6) months prior to the end of the then-current term. Each Renewal Term shall be granted at the sole discretion of the City, and upon such terms and conditions as the City determines to be in the public interest. 2. Annual Consideration. a. In consideration of the City's issuance of this License, Licensee agrees to pay to the City, without notice or demand, an annual payment of Twenty Thousand, Four Hundred and No/100 Dollars ($20,400.00), beginning on the Commencement Date, to cover the costs of administering this License. Licensee shall pay City the first annual payment within fifteen (15) days of the Effective Date, as determined pursuant to Section 21, below. Licensee shall pay each subsequent annual payment on or before February 19th of each year of this License. The annual payment for each permitted Renewal Term shall be increased to an amount equal to one hundred fifteen percent (115%) of the annual payment due for the immediately preceding term. b. Licensee shall pay City a late payment charge equal to five percent (5%) of the annual payment for any payment not received within five (5) calendar days of when such payment becomes due. In addition, any amounts not paid in full when due shall bear interest until paid at the rate of one percent (1%) per month. 3. Maintenance of the Premises — Use of Chemicals Prohibited. Licensee has installed and shall maintain a vehicle turnaround, fencing, and gates along the access road as shown on Exhibits A and B, and shall perform reasonable maintenance and emergency repairs due to storm damage and/or use by Licensee or its contractors to the access road, fencing and gates upon the City's request. Licensee shall use no herbicides or other chemicals on the Premises. Use of herbicides or other chemicals on the Premises shall be cause for immediate revocation of this License and eviction of Licensee from the LIMITED ACCESS LICENSE--Page 2 (between City of Kent and Verizon Wireless) 10 Premises without further recourse for Licensee. Licensee shall be responsible for posting signage that states the prohibited use of chemicals or herbicides within the Premises. Licensee shall also be responsible for posting signage at the main entry, which provides twenty-four (24) hour contact information for Licensee or its representatives, and which clearly shows the site identification number. Licensee shall also be responsible for any and all clean-up costs, testing to ensure any and all contamination has been removed, and the cost of City staff time. Clean-up shall be completed to the satisfaction of the City. Licensee shall provide one (1) gate key to the City of Kent for the purpose of gate maintenance. This key shall remain with the City for the duration of this License. This section shall survive the revocation and/or expiration of this License. 4. Damage to Premises and Restoration. Licensee shall repair any damage to the Premises caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements on the Property. Upon revocation, termination, or expiration of this License, Licensee shall restore the Property to its original condition prior to the issuance of the License. Such restoration obligation shall survive the expiration of this License. 5. Bond for Maintenance, Restoration and Environmental Liability. As a condition of this License, Licensee will provide the City with an executed performance bond, on forms acceptable to City, in the amount of one million dollars ($1,000,000,00). The bond shall: a. Be signed by an approved surety that is registered with the Washington State Insurance Commissioner and appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; b. Guarantee the faithful performance of Licensee's maintenance and the restoration obligations and all terms under this License regarding environmental contamination clean-up and indemnification; C. Guarantee the faithful performance of the provisions of section 12.5 herein. 6. Revocation. The intent of this License is to authorize Licensee to access, install, maintain, and operate the Improvements over and upon the Property. This License does not grant an estate in the land described as the Property; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to revocation by the LIMITED ACCESS LICENSE--Page 3 I (between City of Kent and Verizon Wireless) 11 City, the City shall provide Licensee with at least sixty (60) calendar days' written notice of revocation. Within thirty (30) calendar days of the effective date of the City's revocation, Licensee is required to remove all Improvements and restore the Property pursuant to Section 4. If Licensee fails to remove the Improvements within thirty (30) days, the City may remove all or part of the Improvements, 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 Improvements. 7. Permits Required. The City's grant of this License 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 Improvements. Licensee's failure to comply with this Section 7 shall constitute grounds for immediate revocation by the City. The consideration in Section 2 is in addition to any fees required for applicable local, state, and federal permits. S. Alterations and Additions. Licensee shall not make or allow to be made any alterations, improvements, or changes to the Premises without the prior written consent of the City. In the event City consents to the making of any alterations, additions, or improvements to the Premises by Licensee, the same shall be made by Licensee at Licensee's sole cost and expense; the Premises and the City shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. 9. Record Drawings and As-Builts. Within sixty (60) days of construction of any alterations or changes to the Premises, 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 Improvements 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 as-built drawings and maps upon request. Failure to provide any as-built drawings or maps within sixty (60) days of the City's request shall constitute grounds for immediate revocation by the City. 10. Relocation. The term 'relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to underground facilities. Licensee shall, at its sole cost and LIMITED ACCESS LICENSE--Page 4 (between City of Kent and Verizon Wireless) i 12 expense, relocate all or any part of the Improvements within sixty (60) days' notice by the City. Failure to relocate shall constitute grounds for immediate revocation of this License by the City. The provisions of this Section 10 shall survive the expiration or termination of this License. 11. Emergency. In the event of any emergency in which any portion of the Improvements breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this 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 two (2) succeeding business days. Licensee shall immediately notify the City of any emergency by calling the City's Public Works main number at 253-856-5600 and the Water Superintendent at 253-856-5610 during normal business hours. After normal business hours, Licensee shall dial 911 and request a response from the City of Kent Police Department. If Licensee fails to take the proper emergency measures, City may undertake such remedial measures as it deems necessary, and recover the costs of such work from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of City's remedial work. I 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, except to the extent caused by the negligence 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. 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 LIMITED ACCESS LICENSE--Page 5 (between City of Kent and Verizon Wireless) i I 13 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 Licensee shall defend, indemnify, and hold the City, its officers, officials, agents, employees, assigns and volunteers harmless from and against any and all claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or removal of Hazardous Materials at, and related necessary restoration of, the Property, but only to the extent such Hazardous Materials were introduced to the Property by Licensee or Licensee's employees or agents. For the purpose of this License, `Hazardous Materials" shall mean asbestos, petroleum, PCBs, automotive fluids, herbicides, pesticides or any substance, waste or material defined as hazardous, dangerous or toxic in any federal, state, or local environmental or safety law or regulation including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and the Washington Model Toxics Control Act ("MTCA"). 12.6 The provisions of this Section 12 shall survive the expiration or termination of this License. 13. Insurance. Licensee agrees to comply with the insurance requirements of Exhibit t at all times during the term of this License. 14. Reservation of Right to Require Additional Security. The City reserves the right to require additional physical security measures as may be required, in the City's sole discretion, to protect the Property and the City's water source. 15. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 16. Assignment. Licensee shall not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. Licensee I LIMITED ACCESS LICENSE--Page 6 i (between City of Kent and Verizon Wireless) i 14 shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with Licensee so long as notice of same is provided to the City and provided Licensee remains fully liable to the City for compliance with all terms and conditions of this license until such time as the City shall consent to such assignment as provided above. 17. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License or the Premises. 18. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 12. 19. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY: LICENSEE: City of Kent Seattle SMSA Limited Partnership Attn: Director of Public Works d/b/a Verizon Wireless 220 Fourth Avenue South Attn: Network Real Estate Kent, WA 98032 180 Washington Valley Road Bedminster, NJ 07921 20. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 21. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do LIMITED ACCESS LICENSE--Page 7 (between City of Kent and Verizon Wireless) 15 not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below ("Effective Date"). Any acts performed by Licensee or City between the Commencement Date and the Effective Date of this License, in accordance with the terms and conditions contained herein, are hereby ratified upon execution of this License. 22. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. This License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE By: By: Print Name:SUZETTE COOKE Print Name: Brian Mecum Its: Mayor Its: Area Vice Presi ent Network Date: Date:_ PACMITHi AOprnFilesW42t-TelwaROR'Aaivei.icenreelVerimnR'irelesslVerimrtLicerae Renewil.Clak Spnngsdocx i i i LIMITED ACCESS LICENSE--Page 8 (between City of Kent and Verizon Wireless) 16 STATE OF WASHINGTON } SS. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seat Must Appear Within This Box- '..... IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED ACCESS LICENSE--Page 9 i (between City of Kent and Verizon Wireless) 17 State of California } ss. County of Orange ) On ��g{u x lit I�/ before me, In EGti (i Lt �tv Notary Public, personally appeared Brian Mecum who oved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT S my Ind and official seal. Si nature of Notary Public RUTR L. CONCEPCION ,) e�4 Commission #2070644 E ?`, Noiary Public-California ° p Orange County v Mir Comm. Expires Jun 7,20101& a Place Notary Seal Above I i- i LIMITED ACCESS LICENSE--Page 10 (between City of Kent and Verizon Wireless) 18 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY i EXHBIT A - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) 19 EXHIBTPA Verizon SEA Four Corners Access and Utility License Area Description A.tract of land located in the mouth bWof Section 26,Tuwmbip 22 NorOr,Range 6 East of the WMametto Mmidiaa,King County,Washington,describad as follows: Coanmeneing at a found 2 h amh brass rHsk with punch in a fence post base at the Southwest comer of sand Section 26,from which afomd lead and tack in a 4 mchby 4 inch concretapost at The BaO Quarter comer of said Section,26 bears North 00'25'54"Best2647.40 feet; 7henoe along the West line of=d Section 26,North 00025'54"East 135015 that to the mtorsection of tho southerly mugm of SE Kent kanglcy Road, Theam North 80'3741"Bast 449.79 fact along southerly maron of SH Kent-Kangley Road to the True PamtofBeghming; • ' - i Thence South 47'45'39"West28.75 feet; Theaee South 56W42"West 11.20 feet Thence South 01032'05"West41.77 feet - Thence South 06'22'38"West 32.10 fut; Thence South 00'30'O7"West 11.27 feet Th®ce South D73634"West4&74 fect . Thmm South 08'53'31"West45.29 feat - Thence South OVIT02"Wast39 79 feel; Thence South 06604'51"East46.62 fort; ''....... Thence South 14'19'43"Bast4638 fact; - ''....... (' Tbmco Southl9'D3'39"East3731 feat Thence South 33'45'13"East44.i0 f:mt Thence South 43'53'58"3ast4363 feet Thence South 47033'48"Hast55.62 feet: Thence South47'46'43"East 995 feat Thence South 47'15'3T'Bast25.53 feet Thence South.47'44'49"East 13.00 feet Thence South 48'54'41"Fast 2934 feet Thence South 56'11*25"Halt 29,46 feet Thence South 56'11'3 1"East I08 43 f=4 Thenca South.48'OO'34"East 41.89 feet; Thence South 44'15'18"Bast 5619 feet, Thwcc South 43-00'45"East 77.09 feat Thence South 43'44'57"But3432 fret '.... Thence South 46'13'03"Ent20.92 fc-at ''....... Thence South 64'08'1T'Ent 16.71 feet; '.... Thmca South 80'05'35"Bast 19M fat, '... Theneallorth 700372T'Best 5628 feat, Thence North 21'10'48"West5.79 feet; Thence South 6203r?,I"West 31.11 fact; i i 20 Tbeaec South 9V46'09"West 102 feet to sa existing{mce line; ''.. Thcmce clang said f arat line North 13032'10"West 528 feat Tbenca continuing along said fence im:North 66020'10"West 9.71 feet, '. -Thmec leaving cold fence North 9004509"Best 7.10 feat; - Thmae North 62"3221"East29.40 feet, � Tbmm North 18'13'40"East 0 93 feat„ - Thmce North 64003'37" West 0.71 feet to on eid'stmg seBnlsr eanpnund, underneath a hansmusslon tower,being served by Hs liccase; _ Tbmco along said compoundNorlb 25'56123"Fast 16.00 feet; . Thence South 64003'37'East 1OM fah - Theum South 2101048"Eastt40.50 foot, Thmce South 70.35-W West 19,11 fact, Tbeoce South 69'09'49"West 49 92 fwt; Tbeacc South 29'43'35"Bast 26 87 feet Thmm South 59'30'57"West 19.67 feet Thence North 29"47'05"Wmt30.48 feet, Thmae North 58'25'36"West SUS foot, Thcaceldorth 46'06'52"Wed 4493 feet Thmm North 43'2138"West 79 46 feet; Thmco North45001'09"West48.43 feet T'henee North.46"38'55"West 40.09 feet; - ThaneoNorth 5694721"West 10440 feet Thence North 51022'51"West 7730 feet; Thmcc North 47025'33"West 65 59 feat, - Thm=North 46'09'56"Wast 6053"feet; Tbmco North 39'24'59"West 29 46 foot Thmes:North 31'10'25"West 2595 feet Theneallorth 19*53'23"Wost 66.113 feet, ''..,. Tlu=allorth 10'54'53"West45 68 feat ''...,. Thencc North 03008'19"Wost3730 feet Tb=oNor*06"53'07"But 8525 lost ''..... 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At $; xf sHHRa�� yH p 9EA FOUR CORNEFO r��nsiotNa� rjC` 22 EXHIBIT B IMPROVEMENTS EXNBIT B - LIMITED ACCESS LICENSE i (between City of Kent and Verizon Wireless) I 23 EXHIBIT pp�� y —ec IEF�i v d¢ & II flda 5" re�c geld®g1 ve pal Off /n a e mpg h =E $ $revOTeOga%o II I I m s�e14i $ �a6 �& �¢ I�I �III�'�� �II1�) Oil �1 a gJill i �C� E Y a� E]2(i910 WfE6l6M12't 24 EXHIBIT Im (I(11111i ij aZZ HRIP. I s cen Poll e Y ,�.Bv v'(vv®vO :- i` t ,art%.""• .`� ! 4•`:.ia:.' . i.'yi; / 6BgY� _� •!`' iT'A•�A* •::'�-j.� t ai .v�"�"ri5=3 . 5F�/ aaaa5ig �� _ 1 55 "�{-:rT,�; , .y.. i';1; i•i'. ,a �v y ;•f Big I Mug BBB w 1 l��V `5'i'4• e9 � ° a A ff E� Rho I s 5 ' a vp Ngt r N I S a�9 . i34tWG 6i1E Y�""®..e'•,�a�ias ,- _�& 'eq15,FOUR GOMMS � �� ES; WZR6N4M wireless . 25 EXHIBIT C INSURANCE REQUIREMENTS Insurance The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of City of Kent facilities. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 or its substantial equivalent and shall cover premises liability, contractual liability, products-completed operations liability, and independent contractors liability. The City shall be named as an additional insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 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 Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following EXHBIT C - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) I 26 provisions for Commercial General Liability insurance: 1. The Lessee's insurance coverage shall be primary insurance with respect to the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee'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. I E. Verification of Coverage Lessee shall furnish the City with original certificates and a copy of the additional insured endorsement, evidencing the insurance requirements of the Lessee. The City shall be named as an Additional Insured on the Amendatory Endorsement provided by the Insurer. F. Contractors Lessee agrees to ensure all Contractors, sub-Contractors, Consultants or other parties utilized by Lessee to perform work on City property are fully insured to the extent of coverage specified in this agreement. G. Waiver of Subrogation Lessee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. H. City's Property Insurance City shall purchase and maintain during the term of the lease, all-risk property insurance covering City of Kent property. EXHBIT C - LIMITED ACCESS LICENSE i (between City of Kent and Venzon Wireless) 27 LIMITED ACCESS LICENSE BETWEEN THE CITY OF KENT AND SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS THIS LIMITED ACCESS LICENSE ("License") is between the CITY OF KENT, a Washington municipal corporation ("City"), and SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS, a Delaware limited partnership ("Licensee"). I RECITALS I A. Licensee holds a leasehold interest for antenna space at a Bonneville Power Administration structure located in the City of Kent and has erected an antenna on this existing structure for a telecommunications system; B. City is the fee owner of the parcel of real property upon which the Bonneville Power Administration structure is erected, pursuant to an easement previously granted by the City; C. This property is environmentally sensitive as it is the source of the City's water supply, the protection of which is vital to the City. D. City previously granted a license to Licensee, executed on October 8, 2003, and a subsequent license, executed February 18, 2009, together with two addendums thereto, for access, installation, maintenance, and operation of conduit and other communications facilities over and upon the real property described in Exhibit A to this License ("Property"). E. Under a prior license agreement between City and Licensee, Licensee installed a second conduit in the trench on the Property. This License does not permit use of the second conduit, and Licensee may not use the second conduit unless it obtains City permission through an additional license agreement. F. The previous license between the City and Licensee expired on February 17, 2014, The City has agreed to issue this License to allow Licensee to continue to service and have access to its leasehold, while ensuring the safety of the City's water supply. NOW, THEREFORE, CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License for a period of five (5) years, LIMITED ACCESS LICENSE--Page 1 (between City of Kent and Verizon Wireless) I 2s with a retroactive starting date of February 18, 2014 (the "Commencement Date"), and ending on February 18, 2019, for Licensee's ingress and egress to its leasehold on the Bonneville Power Administration structure as shown in Exhibit A and to maintain Licensee's telecommunications system. A general description of the plans for the telecommunications system is attached as Exhibit B ("Improvements"). Together, the Property and Improvements shall be referred to as the "Premises." Future use of the second conduit installed by Licensee is prohibited under this License, and use of the second conduit by Licensee without having first obtained an additional license agreement from the City may result in immediate revocation of this License by the City. This License is subject to all the terms and conditions established below. This License may be extended for up to three (3) additional five (5) year terms (each a "Renewal Term") upon written notification by Licensee to the City of its desire to extend the term of the License at least six (6) months prior to the end of the then-current term. Each Renewal Term shall be granted at the sole discretion of the City, and upon such terms and conditions as the City determines to be in the public interest. 2. Annual Consideration. a. In consideration of the City's issuance of this License, Licensee agrees to pay to the City, without notice or demand, an annual payment of Twenty Thousand, Four Hundred and No/100 Dollars ($20,400.00), beginning on the Commencement Date, to cover the costs of administering this License. Licensee shall pay City the first annual payment within fifteen (15) days of the Effective Date, as determined pursuant to Section 21, below. Licensee shall pay each subsequent annual payment on or before February 19th of each year of this License. The annual payment for each permitted Renewal Term shall be increased to an amount equal to one hundred fifteen percent (115%) of the annual payment due for the immediately preceding term. b. Licensee shall pay City a late payment charge equal to five percent (5%) of the annual payment for any payment not received within five (5) calendar days of when such payment becomes due. In addition, any amounts not paid in full when due shall bear interest until paid at the rate of one percent (1%) per month. 3. Maintenance of the Premises — Use of Chemicals Prohibited. Licensee has installed and shall maintain a vehicle turnaround, fencing, and gates along the access road as shown on Exhibits A and B, and shall perform reasonable maintenance and emergency repairs due to storm damage and/or use by Licensee or its contractors to the access road, fencing and gates upon the City's request. Licensee shall use no herbicides or other chemicals on the Premises. Use of herbicides or other chemicals on the Premises shall be cause for immediate revocation of this License and eviction of Licensee from the LIMITED ACCESS LICENSE--Page 2 (between City of Kent and Verizon Wireless) 29 Premises without further recourse for Licensee. Licensee shall be responsible for posting signage that states the prohibited use of chemicals or herbicides within the Premises. Licensee shall also be responsible for posting signage at the main entry, which provides twenty-four (24) hour contact information for Licensee or its representatives, and which clearly shows the site identification number. Licensee shall also be responsible for any and all clean-up costs, testing to ensure any and all contamination has been removed, and the cost of City staff time. Clean-up shall be completed to the satisfaction of the City. Licensee shall provide one (1) gate key to the City of Kent for the purpose of gate maintenance. This key shall remain with the City for the duration of this License. This section shall survive the revocation and/or expiration of this License. 4. Damage to Premises and Restoration. Licensee shall repair any damage to the Premises caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements on the Property. Upon revocation, termination, or expiration of this License, Licensee shall restore the Property to its original condition prior to the issuance of the License. Such restoration obligation shall survive the expiration of this License. S. Bond for Maintenance, Restoration and Environmental Liability. As a condition of this License, Licensee will provide the City with an executed performance bond, on forms acceptable to City, in the amount of one million dollars ($1,000,000.00). The bond shall: a. Be signed by an approved surety that is registered with the Washington State Insurance Commissioner and appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; b. Guarantee the faithful performance of Licensee's maintenance and the restoration obligations and all terms under this License regarding environmental contamination clean-up and indemnification; C. Guarantee the faithful performance of the provisions of section 12.5 herein. 6. Revocation. The intent of this License is to authorize Licensee to access, install, maintain, and operate the Improvements over and upon the Property. This License does not grant an estate in the land described as the Property; it is not an easement;it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to revocation by the LIMITED ACCESS LICENSE--Page 3 (between City of Kent and Verizon Wireless) i 30 City, the City shall provide Licensee with at least sixty (60) calendar days' written notice of revocation. Within thirty (30) calendar days of the effective date of the City's revocation, Licensee is required to remove all Improvements and restore the Property pursuant to Section 4. If Licensee fails to remove the Improvements within thirty (30) days, the City may remove all or part of the Improvements, 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 Improvements. 7. Permits Required. The City's grant of this License 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 Improvements. Licensee's failure to comply with this Section 7 shall constitute grounds for immediate revocation by the City. The consideration in Section 2 is in addition to any fees required for applicable local, state, and federal permits. B. Alterations and Additions. Licensee shall not make or allow to be made any alterations, improvements, or changes to the Premises without the prior written consent of the City. In the event City consents to the making of any alterations, additions, or improvements to the Premises by Licensee, the same shall be made by Licensee at Licensee's sole cost and expense; the Premises and the City shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. 9. Record Drawings and As-Builts. Within sixty (60) days of construction of any alterations or changes to the Premises, 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 Improvements 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 NAD83f91. Licensee warrants the accuracy of all record drawings and maps and as-builts provided to the City. Licensee shall provide the City with updated as-built drawings and maps upon request. Failure to provide any as-built drawings or maps within sixty (60) days of the City's request shall constitute grounds for immediate revocation by the City. 10. Relocation. The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to underground facilities. Licensee shall, at its sole cost and LIMITED ACCESS LICENSE--Page 4 (between City of Kent and Verizon Wireless) 31 expense, relocate all or any part of the Improvements within sixtY (60) days' notice � by the City. Failure to relocate shall constitute grounds for immediate revocation of this License by the City. The provisions of this Section 10 shall survive the expiration or termination of this License. 11. Emergency. In the event of any emergency in which any portion of the Improvements breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this 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 two (2) succeeding business days. Licensee shall immediately notify the City of any emergency by calling the City's Public Works main number at 253-856-5600 and the Water Superintendent at 253-856-5610 during normal business hours. After normal business hours, Licensee shall dial 911 and request a response from the City of Kent Police Department. If Licensee fails to take the proper emergency measures, City may undertake such remedial measures as it deems necessary, and recover the costs of such work from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of City's remedial work. 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, except to the extent caused by the negligence 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. 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 LIMITED ACCESS LICENSE--Page 5 (between City of Kent and Verizon Wireless) 32 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 Licensee shall defend, indemnify, and hold the City, its officers, officials, agents, employees, assigns and volunteers harmless from and against any and all claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or removal of Hazardous Materials at, and related necessary restoration of, the Property, but only to the extent such Hazardous Materials were introduced to the Property by Licensee or Licensee's employees or agents. For the purpose of this License, "Hazardous Materials" shall mean asbestos, petroleum, PCBs, automotive fluids, herbicides, pesticides or any substance, waste or material defined as hazardous, dangerous or toxic in any federal, state, or local environmental or safety law or regulation including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and the Washington Model Toxics Control Act ("MTCA"). 12.6 The provisions of this Section 12 shall survive the expiration or termination of this License. 13. Insurance. Licensee agrees to comply with the insurance requirements of Exhibit C at all times during the term of this License. 14. Reservation of Right to Require Additional Security. The City reserves the right to require additional physical security measures as may be required, in the City's sole discretion, to protect the Property and the City's water source. I 15. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 16. Assignment. Licensee shall not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. Licensee LIMITED ACCESS LICENSE--Page 6 (between City of Kent and Verizon Wireless) 33 shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with Licensee so long as notice of same is provided to the City and provided Licensee remains fully liable to the City for compliance with all terms and conditions of this license until such time as the City shall consent to such assignment as provided above. 17. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License or the Premises. i 18. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 12. 19. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY: LICENSEE: City of Kent Seattle SMSA Limited Partnership Attn: Director of Public Works d/b/a Verizon Wireless 220 Fourth Avenue South Attn: Network Real Estate Kent, WA 98032 180 Washington Valley Road Bedminster, NJ 07921 20. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 21. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do LIMITED ACCESS LICENSE--Page 7 (between City of Kent and Verizon Wireless) 34 not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below ("Effective Date"). Any acts performed by Licensee or City between the Commencement Date and the Effective Date of this License, in accordance with the terms and conditions contained herein, are hereby ratified upon execution of this License. 22. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. This License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE By: By: Print Name:SUZETfE COOKE Print N e: Brian Me •um Its: Mayor Its: Area Vice President Network Date: Date: P:U:ivit ilu\Open Fllo"2I=1'o1wmROWAUIve iwnw&s Ve 7i nWimics�Vodmnlipome None al Cle Spft'do j LIMITED ACCESS LICENSE--Page 8 (between City of Kent and Verizon Wireless) I i 35 STATE OF WASHINGTON } : SS. COUNTY OF KING } i I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i i LIMITED ACCESS LICENSE--Page 9 i (between City of Kent and Verizon Wireless) �I I 36 State of California } } ss. County of Orange } 1�''t, On U&A&1 U( ,Alq before me, A Notary Public, personally appeared Brian Mecum who proved o met on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE hand and official seal. _ Sig ature of Notary Public RUTH L. GONG4 !(N I Z` ra -,� Cammi ian ^2uf o nh ' F-0utar�+Finnic-O , ornia Orange County My Ceram Exam Jun r 201 y lr I Place Notary Seal Above i LIMITED ACCESS LICENSE--Page 10 (between City of Kent and Verizon Wireless) 37 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY i I iI i EXHBIT A - LIMITED ACCESS LICENSE I (between City of Kent and Verizon Wireless) I i i 38 SIT A Verizon SFA Four Corners Access and TJtl7ity License Area Description A tenor of land located in the aunt%half of Seaton 26,Township 22 Nardi,Range 6 Brit of the Willamette Meridian,Ring County,Washington,desea'bed as follows: - Commenting at a found 2 h mch brass dsk wrth poach in a f®ce post base at the Southwest comer of said Section 26,from which ofound lead and tack in a 4 MCI by 4 inch concrete post at the Best Quarter comer of said Section 26%sera North 00"25154"East2647.40 feat; Thence along the West line ofsard Section 26,North 00025'S4"East 135015 feet to the intersection of the southerly margin of SE Kmt Kangley Road, Thence North 80937'41"Best 449.79 foot along southerly margin of SH Kent-Rangicy Road to the Trut Fnmt of Beginumg; Theaec Soot%47-45.39"West 28.75 feet T6tace South 56"04'42"West 11-20 feet; j Thence South 01932'05"Wost41.77 leek - Thereto:South 06"22'38"West 12.I0 feet; Thence South 00930'07"West 1127 fee$ T%®ou South 073634"West 49.74 feet, . Thcarm South 08953'3r'Wcst4529 feet - '...,. Thence South 06"32'02"West 39 79 feet; Thoreau South 06904'51"East46.62 that; - ''....... - _ Thence South 14PI9143"Hast4638 femt ''....... Theraoc South 19°03'39"Fast 3731 feet; Thence South 33"45'13"Feat 44.10 that Thunce South 43"53158"l?ast43 63 fact '.... Thermo South 4703348"Fast 55.62 feet; ''....... Thence South 47946'43"East 995 fact; Thence South 47915'3T'East 25.53 fees;, ''....... Thence South47944'49"Bast 13.00 feet; Thonea South 48"5441"Fast 29.34 femr; Thence South 56911'25"Bast 29.46 foot: Thane South 5691131"Bast 108 43 feet; Thence South 4800014"Bast 41.88 feet, Thenoo South 44915'18"East 5019 fact, - Thmco South 43040'45"East 77,09 feut Thence South 43"44'57"But 34-52 feet Thence South 46913'03"Hsat20.92 fod; Thence South 640081T'Bast 16.71 feet; Thcneo South 80905'35"Bast 19.03 feet, ThenceNorf%70937'27'Bast 56 28 Seca, ThmoeNorlh21910'43"West 5.79 fact Uncut,Son&62032T21"West 31.31 feet; 39 Thence South 80046'09"Wert 102 feet to as mauling fence line; Tbtnce slang caul font:tine North 13012'10"Wtet$23 feet; Thenen caul foxing slang said force hoe North 6V2,0'10"West 8.71 fur, Thence leaving add f:acoNarth 80046'09"Best 7.10 fwl; Thence Nmih 62"32'21"For t29.40 foot Th:noc No*18'13'40"Bast 0 93 Lest Theses North 64"D3'37' West 0.71 feet to mt todsting sellydar oompound, underneath a transmrmian tower,being served by Es"cause' Thence along said compound.North Z056123"East 16.0D feet; Theuce South 64003'37"East 1032 feet; Thorns Santo 21"10'48"East4D.5D feet, Thence South 70'35'44"West 19.11 feet, Thrace South 69'09'49"West49 92 fest ''....... Thence South 2904335"Bast 26 87 feet; ''...,. Theriot South 59"30'S7"West 19.67 feat ''...... Thence North 29"47'05"West 30AS fast, ''...,. nonc North 58025'36"West 55.15&04 '....... ThcuceNarth 46"06'52"West 4493 foot, ThrnooNDrth 43'211B"West 79 46 fret; Thence Nmth45"D1'09"West 48.43 feet Throw Wane 46"38'55"West 40.09 feet; Thorns Norio 560,34'21"West 104 40 feet; Thence North 510221511 West 7730 feet "fhenceNorth 47025'33"West 65 59 feet, Thence North 46'09'56"West6053'fect, Ther:o North 39'24'S9"West 29 46 feefi Thence North 31'10'25"*tst 25.95 feet; ThouneNorth 18'53'28"West 66.03 feet, Theme Worth 10*54'53"West45 68 foot; Tlvb te Worth 03"08'19"Wast37.30fcet Thcns:Nmth 06'53'07"Bast 8525 fret ThesceNarth 0503642"Ent 8043 frsh, ' _ ThencsNordr 02TD'2S'EuA4479 feettr the sovlhmargm.ofadd 81117nat-Ksngley Road; Tbcnca along said south margin Natih.80"37'41"Emsf 50 23 fsetto.the True Point ofBnginniog; i i 40 y ' Tcl Y. a t, y a y� �82F2P 83 sZ�4554@ 4�vL3f g@2dg6ed�a�pd @P�.........4d?@d3?iis$' €�g€Cis�fi�€C��aCssC�c��=EgE�S'EE�{"�5r9T�CEpi =C�o�C�EfieE€€E�FE65fiip� Ege¢ kk �[ low i pa €� FA Ai � d RCF� A i tr�9E§8F�E� pdg® F3ee�43S@d�'Nn� 4 t3 @ �6d a vF§9 4 C r gEEi6€€E'�GEped k igig€ Ef x N o 91n � kkgg djp R dFi ag �E". ,F Ea F �g�ge5eu�� I NO I '= 6F �����d p� g e.g egd i rtd _ac jai i 9 S DEB b � 9�Ed�1 of a}} ]] G�„� gg i44IggIddIgql@�Ippy ni wR� g "Ft5®E kr.eaen OR trig E� €�q gF " t i€ € E �a A� �; Ei�E a� ifJ' jjjj gg €A g MIR11egg 1A, $ B€ $g € E 91 IN 8F✓{FOUR CORNM9 Rcwis�orJe � r�Ci fJ5S1$iC31E� 41 EXHIBIT B IMPROVEMENTS i 1 I EXHBIT B - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) 42 EXHIBIT � K i it S � j F f Xti L p ggYS I OUR ` � � €�� � �gl� !"gig� t\ \,,, ,• 11 w4, ._._._._..:.�`..ti111 Agra �?qv � 14 '\ . 1 d " i t1 t Bo gg gg g t An GyFy E' h9i �' Ora 111, f gAt,� $te SFe,s: Fg € � �W bg�� �111HIll�li�lll) j $ggPit I PAN, IH1eg3g€-TP PIT oil I g`'� g egg _ a Sn f=aurt coflNF -" � do��g _ � / Fig �,• Nb o �s t G C3 F Ex�gIRN WIEsikNEY e- w ��� sexw.'iwex¢etmme�wei "'J wireless `Fe s 43 EXHIBIT Say Ede E-so� E REAil 5 3" en 3 w" .'• F "E EB t$x�6 I I 111 1 , . - .. It _�E�•@v nTno@n© .j•:::v'� .'vL. . f c': vt rt. � ',,. g Up gg r 4�6 rtrt � C� re-- �f'. / ,F...--.- �Y-•f:�i:, ;.i J;•-,r.•~��p•4'�:.•.5 ..'•i.'�i::�•:.•.;•,;;._;., t 8 n� �e.revc"z{ ' _..--''"/ f/T` ..` .:µ`�"'>�. �y�.l•' .i,� Vi:' `i,lei.. : ,J , `i vS AkE®��6"��E f fr�w a •r ;. �'i. `` '/r�,.. •_r ;i;..;.^ a,;'7 , a�E ®6 '•1.'f;.•4 +�,.'3 •.Y.. ry ,• ,� /. 17, _ < A \ }' 6 �Pulp 5E rp 5 , ;5 .1 E°E S€E DR Rolf 9EA Foun COflNB39-N EAstpicHlE6vRNEY �/"'" i ' La>,ixranwk+sE<wM � � wt2le5S `Ee�� 44 EXHIBIT C INSURANCE REQUIREMENTS Insurance The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of City of Kent facilities. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 or its substantial equivalent and shall cover premises liability, contractual liability, products-completed operations liability, and independent contractors liability. The City shall be named as an additional insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. I B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following EXHBIT C - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) i i 45 provisions for Commercial General Liability insurance: 1. The Lessee's insurance coverage shall be primary insurance with respect to the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee'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 Lessee shall furnish the City with original certificates and a copy of the additional insured endorsement, evidencing the insurance requirements of the Lessee. The City shall be named as an Additional Insured on the Amendatory Endorsement provided by the Insurer. F. Contractors Lessee agrees to ensure all Contractors, sub-Contractors, Consultants or other parties utilized by Lessee to perform work on City property are fully insured to the extent of coverage specified in this agreement. G. Waiver of Subrogation Lessee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to j the extent that such claim, loss or liability is covered by insurance. H. City's Property Insurance City shall purchase and maintain during the term of the lease, all-risk property insurance covering City of Kent property. II I EXHBIT C - LIMITED ACCESS LICENSE (between City of Kent and Verizon Wireless) 46 This page intentionally left blank. 47 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: January 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 2, 2015 From: Kevin Swinford, Source and Supply Supervisor, Water Section Through: Dave Brock, P.E., Interim Operations Manager Subject: Third Lease Renewal between the City of Kent and Sprint Spectrum Realty Company, L.P. Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a Third Lease Renewal with Sprint Spectrum Realty Company for the use of real property to operate and maintain a telecommunications system, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Sprint entered into a Lease Agreement with the City in July of 1998, to build and operate a telecommunications tower on City property. The primary purpose of this property is to operate and maintain a one (1) million gallon water reservoir that serves Kent's East Hill community. The original Lease Agreement commenced on July 1, 1998 and expired June 30tn 2003. The City and Sprint then entered into a Lease Renewal Agreement to extend the Lease Term to June 30, 2008, at which time the City and Sprint entered into a Second Lease Renewal to extend the Lease Term to June 30, 2013. This third lease renewal will be granted for a five (5) year term, retroactive from July 1, 2013, through June 30, 2018. Sprint will pay monthly rent in the amount of $2,400.00, plus appropriate leasehold tax for the five (5) year lease term. The City has required certain tenant improvements as a condition of renewal, including the repainting of Sprint's tower. Sprint must also provide the City with a full set of current as-builts showing any recent improvements. Exhibits: Third Lease Renewal between the City of Kent and Sprint Spectrum Realty Company, L.P. Budget Impact: Sprint Spectrum Realty Company, L.P. will pay a monthly rent in the amount of $2,400.00 plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, beginning on the Third Extension Term Commencement. Funds will be deposited to the water fund. 48 This page intentionally left blank. 49 Sprint Cascade No.: SE60XC302 Site Name: Splinter THIRD LEASE RENEWAL BETWEEN THE CITY OF KENT AND SPRINT SPECTRUM REALTY COMPANY, L.P. it THIS THIRD LEASE RENEWAL is entered into on the date fully executed below by and between THE CITY OF KENT, a Washington municipal corporation ("Landlord"), and SPRINT SPECTRUM REALTY COMPANY, L.P.,a Delaware limited partnership ("Tenant"), successor in interest to QWEST WIRELESS, L.L.C. (formerly known as U.S. WEST WIRELESS L.L.C.), to lease a certain portion of Landlord's property legally described in Exhibit A to the original Lease Agreement. This Third Lease Renewal amends that certain Lease Agreement entered into between Landlord and U.S. West Wireless L.L.C. ("U. S. West") on or about July 20, 1998, as amended by that Lease Renewal Agreement entered into between Landlord and Qwest Wireless, L.L.C. ("Qwest") on or about December 22, 2003, and that Second Lease Renewal entered into between Landlord and Tenant on or about July 9, 2009 (collectively, the "Lease"). RECITALS A. Pursuant to Section 2 of the original Lease Agreement, the initial Lease Term commenced on July 1, 1998, and expired on June 30, 2003. Landlord and Qwest then entered into the Lease Renewal Agreement to extend the Lease Term, which term commenced on July 1, 2003,and expired on June 30, 2008. Landlord and Tenant then entered into the Second Lease Renewal, to extend the term from July 1, 2008, until June 30, 2013. B. Section 2 of the original Lease Agreement provided for three(3) extension terms of five (5) years each. The first two (2) options to extend the term of the Lease, were exercised, as described above. C. Tenant now wishes to exercise its third option to extend the term of the Lease. Tenant and Landlord desire to extend the term of the Lease for the third extension term, which will run retroactively from July 1, 2013, through June 30, 2018. D. Landlord has notified Tenant in writing that Landlord will likely require the relocation of Tenant's Facilities during the third extension term, and Tenant has agreed to relocation at Tenant's cost, subject to the terms and conditions set forth in the Lease. E. Tenant has agreed to repaint the Tower at Tenant's cost, pursuant to the terms and conditions set forth herein. i NOW THEREFORE, Landlord and Tenant hereby agree and covenant as follows: THIRD LEASE RENEWAL - Page 1 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) 50 Sprint Cascade No.: SE60XC302 Site Name: Splinter THIRD LEASE RENEWAL BETWEEN THE CITY OF KENT AND SPRINT SPECTRUM REALTY COMPANY, L.P. THIS THIRD LEASE RENEWAL is entered into on the date fully executed below by and between THE CITY OF KENT, a Washington municipal corporation ("Landlord"), and SPRINT SPECTRUM REALTY COMPANY, L.P.,a Delaware limited partnership ("Tenant"), successor in interest to QWEST WIRELESS, L.L.C. (formerly known as U.S. WEST WIRELESS L.L.C.), to lease a certain portion of Landlord's property legally described in Exhibit A to the original Lease Agreement. This Third Lease Renewal amends that certain Lease Agreement entered into between Landlord and U.S. West Wireless L.L.C. ("U. S. West") on or about July 20, 1998, as amended by that Lease Renewal Agreement entered into between Landlord and Qwest Wireless, L.L.C. ("Qwest") on or about December 22, 2003, and that Second Lease Renewal entered into between Landlord and Tenant on or about July 9, 2009 (collectively, the `Lease"). RECITALS A. Pursuant to Section 2 of the original Lease Agreement, the initial Lease Term commenced on July 1, 1998, and expired on June 30, 2003. Landlord and Qwest then entered into the Lease Renewal Agreement to extend the Lease Term, which term commenced on July 1, 2003,and expired on June 30, 2008, Landlord and Tenant then entered into the Second Lease Renewal, to extend the term from July 1, 2008, until June 30, 2013. B. Section 2 of the original Lease Agreement provided for three(3)extension terms of five (5)years each. The first two (2) options to extend the term of the Lease were exercised, as described above. C. Tenant now wishes to exercise its third option to extend the term of the Lease. Tenant and Landlord desire to extend the term of the Lease for the third extension term, which will run retroactively from July 1, 2013, through June 30, 2018. D. Landlord has notified Tenant in writing that Landlord will likely require the relocation of Tenant's Facilities during the third extension term, and Tenant has agreed to relocation at Tenant's cost, subject to the terms and conditions set forth in the Lease. E. Tenant has agreed to repaint the Tower at Tenant's cost, pursuant to the terms and conditions set forth herein. i i NOW THEREFORE, Landlord and Tenant hereby agree and covenant as follows: i THIRD LEASE RENEWAL - Page 1 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) 51 Sprint Cascade No.: SE60XC302 Site Name: Splinter 1. Lease Term. The Lease shall be extended for a term of five (5) years, to commence retroactively beginning on July 1, 2013 (the "Third Extension Term Commencement Date") and ending on June 30, 2018 (the "Termination Date"). 2. Rent. The first two sentences of Section 3.a. of the Lease shall be amended to read as follows: 3.a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND, FOUR HUNDRED DOLLARS AND NOI100 ($2,400.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, beginning on the Third Extension Term Commencement Date. Thereafter, Rent shall be paid in advance, on or before the first day of each subsequent month during the term hereof. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. Any outstanding Rent for the period covering July 1, 2013, through December 31, 2014, shall be due in full within thirty (30) days following the full execution of this Third Lease Renewal. 3. Relocation. A new section 14 entitled "Relocation" shall be inserted into the Lease, and the existing section 14 of the Lease shall be re-numbered section 15, and each section that follows shall be re-numbered accordingly. The new section 14 shall read as follows: 14. Tenant understands that Landlord may need Tenant to relocate Tenant's existing under-ground utilities during the Lease Term in the event Landlord intends to redevelop the Land in order to install a pump station. The term "relocate"shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, or removing certain Tenant's underground utilities. Tenant shall, at Tenant's sole cost and expense, relocate all or a part of the existing underground utility improvements it has constructed on the Premises to new conduits provided and described within Exhibit D, which is attached and incorporated by this reference. All work shall be completed within a timeframe mutually acceptable to Landlord and Tenant, but in no event shall such relocation occur on less than ninety (90) days prior written notice to Tenant. 4. Maintenance. Tenant will repaint the Tower or repair the coating on the Tower to the City's reasonable satisfaction at Tenant's sole cost and expense within one hundred eighty (180) days from the date of full execution of this Third Lease Renewal and in accordance with Section 9(c) of the Lease, as amended by the Second Lease j Renewal, dated July 9, 2009. 5. Tenant Improvements. Tenant shall provide Landlord with current as- builts for the Tower and any improvements within sixty (60) days of the date of full execution of this Third Lease Renewal. 6. Certification. Tenant and Landlord each hereby certifies to the other party that the Lease remains in full force and effect, except as amended herein, and that THIRD LEASE RENEWAL- Page 2 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) 52 Sprint Cascade No.: SE60XC302 Site Name: Splinter there are no uncured defaults on the part of the other party under the Lease. 7. Entire Agreement. Except as amended by this Third Lease Renewal, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Third Lease Renewal. IN WITNESS WHEREOF, the parties hereto have executed this Third Lease Renewal, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT SPRINT SPECTRUM REALTY COMP , .P. By: By: Print Name: Print me: RONALD R Its: Its: AREA MGR,SI E DEIELGPMENT Date: Dater ql zorst i I I THIRD LEASE RENEWAL- Page 3 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) 53 Sprint Cascade No.: SE60XC302 Site Name: Splinter STATE OF WASHINGTON ) ss. COUNTY OF KING } I hereby certify that on the day of , 2014, I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first alcove written. i i NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires i i i THIRD LEASE RENEWAL- Page 4 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) 54 Sprint Cascade No.: SE60XC302 Site Name: Splinter STATE OF WASHINGTON : ss. COUNTY OF KING ) I hereby certify that Qn the day of , 2014, I know or have satisfactory evidence that tom" iZw 't7 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of SPRINT SPECTRUM REALTY COMPANY, L.P., a Delaware limited partnership, as its yy e4'f W6156i rl M , and such execution to be the free and voluntary act of such party forlthe uses and purposes mentioned in the foregoing instrument. - otary Seal Must Appear Within This Box- IN WITN S WHER I have hereunto set my hand and official seal the day and year first abav written. o4a`ya4 GQ�yh L)a'ItG�� Stia�P�e�ct�Q NOTARY PUBLIC, in and for the State of Washington O4�z residing at 4A@QQo° My appointment expires Z P:\Civil\Ries\Open files\6663CeIITowerLeesee\Spent\Blue Boy Third Lease Renewalxkx =Appointment '�. ton ! I... TA Oct 27 ? -enu.�n.^> THIRD LEASE RENEWAL — Page 5 (Between City of Kent and Sprint Spectrum Realty Company L.P. @a Blue Boy) C7 5 <C W LLJ � I F-- U) J ' J s Q � ' } it I Lb !312 , I I i zmrc z �oC a a$ao tA Fpw ; $OUD 1 ; i i f x IJ 9U �S tee; e'- x I p�ow1- j_wpw < moaw p w �.i Y a'�Qy I Z Q O o ST� z T¢ a Z si E3 6 z� }W U S N W n Ww a� w� is 6 Z uj d � w F- --- - - Ci ,--ten----_ >. LLI @' j I1L t} 2 I I�I I«i IpI I tl.I � ICI I 4 1y1 O 1[1 Za p i I I M1 Q Irypl Z I i M O 3z. W � . . ai O 1,li ZI �U I! K Yaa� a 3 u"i cis a i F OF N Qj KV ZZ C YF Vf 7.2zw O G 3 Z.V Q2 zW - W �N aW I N I w w z w 1111 .A 41 WIN x &M T ,.ZL a CL LA 6 9 d<fn wo 9z i 41111 n 0 zo mopO TW dN Ito W w ��tY t t ?.a i• 4 fir' � a�r p wx�„ a - 7a s * z• �p �y�}a`# r , �'r' � Sr a ' t Car• , o-} -r— y I (S tF.,: 'qt ts;iv '," o `` -s}'". t - }z, „ ', a • 'r -c s t »`k•"R No n:FF*. A-,-'a uwx�''�` b � "�. e ai a L+' «# Y ".,k�`€yfi�?F� � r' `� ` 3�i""x �e � F f r•<� i '+�° t} s14§ W # xa Al }(( 'i s�; �71,� >Y, 5 igxb: T� 1 Al `� Yhs�s^r .j c ts' a ap Fri 4r2 b CJ C i+' S s"'Amur O 1. A-, � lrx�� �a #Ifl}—fi��-'' t i• r in 3y` a � �'�`�s ` 6szr`„ "� Rl 0 .gyp L ib 144 a�F Aa M„ P-17 �r x e mkalr Jtk- k au, syy xr +,.- *t x p t *. -. 4 WY } Y'y' i{�pp� $ is �i R 4 i F { £ F x �f5 C3� P € capr '�. .� a " z axi xFj rNa fZ* r.* t ni r i e z a >t G r} x nt "a. mx n su � { ty e � i��rS i § t i a, s, .s' ,. �f 3 m* - xJ � >7� .;.�{ ;f fr c .. ra, r m. �,?.� 3 s��`�g ;�@�t .z'�, � wq�•, "�°r�;txrle;+"�S'�?u:�Nr �� a' nStX~.r t.>•�".�`4'tt+r.�..a, v ,R. N. -.5�.�.wuav'S�&ti#c„a�.u��,�.�.'."}�,�`t"a' T� .:k`axn.�'S?? s„m- ..,'�.t 59 Sprint Cascade No.: SE60XC302 Site Name: Splinter 1. Lease Term. The Lease shall be extended for a term of five (5) years, to commence retroactively beginning on July 1, 2013 (the "Third Extension Term Commencement Date") and ending on June 30, 2018 (the "Termination Date"). 2. Rent. The first two sentences of Section 3.a. of the Lease shall be amended to read as follows: 3.a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND, FOUR HUNDRED DOLLARS AND NO1100 ($2,400.00), plus leasehold tax, if required by law, at a rate established by the State of Washington,currently 12.84%, beginning on the Third Extension Term Commencement Date. Thereafter, Rent shall be paid in advance, on or before the first day of each subsequent month during the term hereof. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. Any outstanding Rent for the period covering July 1, 2013, through December 31, 2014, shall be due in full within thirty (30) days following the full execution of this Third Lease Renewal. 3. Relocation. A new section 14 entitled "Relocation" shall be inserted into the Lease, and the existing section 14 of the Lease shall be re-numbered section 15, and each section that follows shall be re-numbered accordingly. The new section 14 shall read as follows: 14. Tenant understands that Landlord may need Tenant to relocate Tenant's existing under-ground utilities during the Lease Term in the event Landlord intends to redevelop the Land in order to install a pump station. The term "relocate"shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, or removing certain Tenant's underground utilities. Tenant shall, at Tenant's sole cost and expense, relocate all or a part of the existing underground utility improvements it has constructed on the Premisesto new conduits provided and described within Exhibit D, which is attached and incorporated by this reference. All work shall be completed within a timeframe mutually acceptable to Landlord and Tenant, but in no event shall such relocation occur on less than ninety (90) days prior written notice to Tenant. 4. Maintenance. Tenant will repaint the Tower or repair the coating on the Tower to the City's reasonable satisfaction at Tenant's sole cost and expense within one hundred eighty (180) days from the date of full execution of this Third Lease Renewal and in accordance with Section 9(c) of the Lease, as amended by the Second Lease Renewal, dated July 9, 2009. i 5. Tenant Improvements. Tenant shall provide Landlord with current as- builts for the Tower and any improvements within sixty (60) days of the date of full execution of this Third Lease Renewal. 6. Certification. Tenant and Landlord each hereby certifies to the other party that the Lease remains in full force and effect, except as amended herein, and that THIRD LEASE RENEWAL- Page 2 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) 60 Sprint Cascade No.: SE60XC302 Site Name: Splinter there are no uncured defaults on the part of the other party under the Lease. 7. Entire Agreement. Except as amended by this Third Lease Renewal, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Third Lease Renewal. IN WITNESS WHEREOF, the parties hereto have executed this Third Lease Renewal, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT SPRINT SPECTRUM REALTY COMPANY, L.P. I By: By: Print Name: Print e: Its: Its: p, TE DDIELOPMENT Date: Date: t I I i I THIRD LEASE RENEWAL- Page 3 (Between City of Kent and Sprint Spectrum Realty Company L.P. @a Blue Boy) 61 Sprint Cascade No.: SE60XC302 Site Name: Splinter STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that on the day of 2014, I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary 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. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires i I THIRD LEASE RENEWAL- Page 4 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) 62 Sprint Cascade No.: SE60XC302 Site Name: Splinter STATE OF WASHING TQi~i t : ss. COUNTY OF KING } 1 hereby certify that on the day of , 2014, I know or have satisfactory evidence that IRV"- Kw1� is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of SPRINT SPECTRUM REALTY COMPANY, L.P., a Delaware limited partnership, as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WH I have hereunto set my hand and official seal the day and year first above writte `QO L�4S \ugh TARY PUBLIC, in arid for the State of Washington 54gpv�� ` +Q residing at ogre My appointment expires ��P44 P:\Gvil\Fi1.\0pen Files\O863-C.IITowerLeases\Son tiBlue Bay Third Lease P.,..Ld. ill THIRD LEASE RENEWAL - Page 5 (Between City of Kent and Sprint Spectrum Realty Company L.P. @ Blue Boy) O 3 Q W J a J J � MQ s I l W p§ I zmp � j wa j ii O Yaa� ii �v"i�a j II U� t = ill iKr J ; En W i i KOy i D.a pO wZ_ H cU G Q ZN rW 00 J Q� of Ww z� W� n$ i ( I 4 a 11J W ~ S jtl� I��I V$$ { § Y d I 'y�yI Z. 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LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: January 26, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 2, 2015 From: Greg Reed, Utilities Superintendent Heather Martin, Private Utilities Inspector Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Overview of Kent's Aging Sanitary Sewer and the Impacts of Fats Oils and Grease Item - 4 Information Only/No Motion Required Summary: Kent has almost 220 miles of sanitary sewer pipes and 122 miles of it is 40 years of age or older. Much of our system is non-reinforced concrete or clay pipe and is at or past the end of its lifespan. As the sewer system ages, it requires additional maintenance in areas where the system is deteriorating or where there are regular accumulations of fats, oils, and grease (FOG). Public Works continues to work with area businesses to control the introduction of FOG into the city's sanitary sewer system and reduce the number of FOG-related blockages. Staff will present information, including maps and photos, to describe the challenges of maintaining the sanitary sewer system; including those related to fats, oils, and grease in the system. Exhibits: None Budget Impact: None 68 This page intentionally left blank. 69 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 Wnsu INGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 28, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 2, 2015 From: Rob Knutsen, Transportation Engineering Specialist Through: Kelly Peterson, Special Projects/Transportation Manager Subject: Information Only/Residential Traffic Calming Program Update Item - 5 Information Only/No Action Required Summary: The Residential Traffic Calming Program (RTCP) was adopted in 2009 via Resolution 1817. The RTCP was designed to focus on the impacts of traffic speeds and volumes in neighborhoods. The Public Works and the Police Departments coordinate efforts to address residents' concerns through education, enforcement and when applicable construction of traffic calming devices. In 2014, several RTCP projects were constructed. These include three speed bumps on 42nd Avenue South, six speed bumps on 100th Avenue South and four traffic circles on SE 223rd Drive / SE 224rd Street. Follow-up studies will be completed in the Spring of 2015 to measure speed and/or volume reductions in these neighborhoods. Public Works staff is currently in the process of analyzing other neighborhoods for the potential installation of traffic calming devices if conditions warrant and funding for the program is identified. On average, staff receives 20-30 new concerns each year. Attached is a list of projects staff is currently addressing. Exhibit: List of projects staff is currently addressing Budget Impact: No new impact 70 This page intentionally left blank. Residential Traffic Calming Program (RTCP) 71 Active Requests as of January 29, 2015 1. RTCP 13-019 - 3rd Avenue S., south of Willis Street 2. RTCP 13-020 — 5th Avenue S., south of Willis Street 3. RTCP 14-005 - Kent Blue Special Sign on Prospect — ensure sign installation 4. RTCP 14-008 - Lake Meridian (148th /152"d Way) neighborhood meeting 5. RTCP 14-011 — Video Study on 104th RE: pedestrian crossing 6. RTCP 14-015 — 124th Ave SE @ SE 209th Street 7. RTCP 14-016 - Military Road Crosswalk Study 8. RTCP 14-017 — SE 278th Place @ 124th Ave. SE 9. RTCP 14-019 - 134th Avenue SE and SE 266th Street 10. RTCP 14-020 - 108th Ave SE/SE 260th St Study analysis and written recommendation 11. RTCP 14-021 - 132/Kent Kangley collision review (U turns, driveway access, traffic signal timing) 12. RTCP 15-001 - 100th Avenue SE (East Hill Elementary School) 13. RTCP 15-002 — 98th Avenue South (East Hill Elementary School) 14. RTCP 15-003 SE 253rd and 120th Avenue SE — traffic study 15. 2014 RTCP Construction Project follow-up traffic studies a. 42"d Avenue South b. 100th Avenue South c. SE 223rd Drive / SE 224th Place Note: Staff receives approximately 20-30 concerns from citizens per year regarding speeding, cut-through and sight distances which are entered into the Residential Traffic Calming Program.