HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/18/2019 (2)
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works Administration at 253 -856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Monday, March 18, 2019
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of March 4, 2019
Minutes
YES Chair 05 MIN.
5. KBAB Formal Ordinance YES Dan Hansen 05 MIN.
6. Utility Design Standards and
Aesthetic Requirements for
Infrastructure in the Right-of-
Way
YES Christina Schuck 10 MIN.
7. Sprint Spectrum L.P. Lease
Agreement
YES Sean Bauer 05 MIN.
8. Lower Russell Levee Project –
Amendment to an Existing
Interlocal Agreement between
the City of Kent
YES Toby Hallock 05 MIN.
9. Info Only - 2020-2025
Transportation Improvement
Program (TIP)- Update
NO April Delchamps 10 MIN.
10. Info Only - Sound Transit Access
Fund Grant Applications Update
NO April Delchamps 10 MIN.
11. Info Only - Pothole and Clean Up
Report
NO Brent Collins 10 MIN.
12. Info Only - Quiet Zone Update NO Rob Brown 05 MIN.
Page 1 of 4
Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
March 4, 2019
Date: March 4, 2019
Time: 4:00 p.m.
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Changes to the Agenda
There were no changes to the agenda.
4. Approval of Minutes dated February 25, 2019
MOTION: Move to approve the Minutes dated February 25, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Information Only/Rapid Ride I - Update
RapidRide Program Director, Hannah McIntosh and RapidRide I Line Project
Manager, Greg McKnight explained that RapidRide is a proposal for new
arterial Bus Rapid Transit service that would provide high quality service and
facilities, state-of the-art innovations, and the highest level of speed and
reliability. It was also noted that RapidRide I would combine Metro routes
169 and 180, connecting Auburn to Renton via the Kent Transit Center.
Metro is currently doing an outreach assessment for the entire area looking
at 30 different routes. To find more information and stay up to date:
www.kingcounty.gov/depts/transportation/metro/programs-projects/routes-
and-service/rapidride-expansion/i-line.aspx
<http://www.kingcounty.gov/depts/transportation/metro/programs-
projects/routes-and-service/rapidride-expansion/i-line.aspx>.
4
Packet Pg. 2
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
M
a
r
4
,
2
0
1
9
4
:
0
0
P
M
(
O
P
E
N
S
E
S
S
I
O
N
)
Public Works Committee CC PW Regular Meeting
Minutes
March 4, 2019
Kent, Washington
Page 2 of 4
6. 1652 : Consultant Agreement with AECOM Technical Services, Inc. for
Upper Mill Creek Dam Construction Support
Environmental Engineer, Stephen Lincoln noted that AECOM is the engineer-
of-record for the Mill Creek Dam project which allows AECOM to provide
engineer-of-record support, construction services and field observations as
require by the city’s Dam Safety Permit with the Department of Ecology.
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with AECOM in an amount not to exceed $96,177.05 to
provide engineering support services for construction of the Upper
Mill Creek Dam, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/19/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
7. Consultant Services Agreement with JECB for Upper Mill Creek Dam -
Authorize
Capital Projects Manager, Phil McConnell that this agreement is for JECB to
provide construction inspection, testing, construction documentation and
construction management assistance services for the Upper Mill Creek Dam
project.
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with JECB to provide inspection and testing services for
the Upper Mill Creek Dam Project in an amount not to exceed
$129,125.00 subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/19/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
8. Kentridge Parking Restrictions Ordinance Amendment - Recommend
Transportation Manager, Rob Brown asked that this item be heard as
information only so that further outreach to the neighborhoods before they
move forward with the proposed ordinance.
Brown touched on the following:
· West Smith Street Parking Restrictions - West Smith Street between 64th
4
Packet Pg. 3
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
M
a
r
4
,
2
0
1
9
4
:
0
0
P
M
(
O
P
E
N
S
E
S
S
I
O
N
)
Public Works Committee CC PW Regular Meeting
Minutes
March 4, 2019
Kent, Washington
Page 3 of 4
Ave S and Washington Ave N this is a location that business owners on the S
side of the street approached staff with concerns about long term parking.
After some investigation staff is recommending this street be converted from
a no time limit parking restrictions to a four-hour parking restriction that is
enforced 24 hours a day. This will allow turnover for the businesses and for
people visiting the apartments in the area to park on the street, but does not
allow long term parking.
· Mill Creek Residential Parking Zone - This area is where Sounder
Commuters are currently parking which affects the ability for those that live
in the area from parking near their homes.
- Staff is now proposing that the Residential Parking Zone only be in affect
from 8 a.m. - 5 p.m. on weekdays enforcing the parking only during the
times that it was affecting the neighborhood, it will also make enforcement
more manageable.
- This change will take place in September giving staff time to meet again
with the neighborhood to discuss the change.
· Kentridge Neighborhoods Residential Parking Zone - Kentridge High
School Kentridge students park in Glencarin Division 1, Shadow Run, and
Jason Lane neighborhoods to the south of SE 208th St. The residents of
these neighborhoods have requested the City implement parking restrictions
through an ordinance to facilitate enforcement.
- Proposed Parking in these areas will be 10 a.m. to 2 p.m. Weekdays,
except holidays, September through June.
- Current signage will be replaced to reflect the new restrictions.
MOTION: Move to recommend Council adopt an ordinance amending
various sections of chapter 9.38 of the Kent City Code to add
locations to the two and four-hour parking zones, add a new four-
hour parking zone to be in effect at all times, to establish residential
parking zones in the Mill Creek Neighborhood and in the north
sections of the Glencarin Division 1, Shadow Run, and Jason Lane
neighborhoods.
RESULT: NO ACTION TAKEN
9. Information Only/4th Ave and Willis St Roundabout - PSE Design
Agreement for Schedule 74 Utility Relocation
Design Engineer, Thomas Leyrer noted that there are two existing utility
poles that conflict with the proposed roundabout layout at the intersection of
4th Ave and Willis Street. Staff met with the affected utilities and it was
decided that a Joint Utility Trench agreement is the best option. PSE’s
existing power line will be relocated as part of a Schedule 74 overhead to
underground conversion.
10. Information Only/Quiet Zone - Update
Rob Brown, Transportation Manager noted that staff was able to conduct the
traffic counts for each railroad crossing and is waiting for the consultant to
4
Packet Pg. 4
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
M
a
r
4
,
2
0
1
9
4
:
0
0
P
M
(
O
P
E
N
S
E
S
S
I
O
N
)
Public Works Committee CC PW Regular Meeting
Minutes
March 4, 2019
Kent, Washington
Page 4 of 4
return the information.
UPRR
· Federal Railroad Grade Crossing Inventory forms for each crossing have been
updated with the exception of traffic counts.
· UTC grade crossing modifications for each crossing have been completed except
for traffic counts.
BNSF
· Federal Railroad Grade Crossing Inventory forms for each crossing have been
updated except for traffic counts.
· UTC grade crossing modifications for each crossing have been completed except
for traffic counts.
· The application to the Federal Railroad Administration to establish the quiet zone
is being prepared.
11. Adjournment 5:28 p.m.
Cheryl Viseth
Committee Secretary
4
Packet Pg. 5
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
M
a
r
4
,
2
0
1
9
4
:
0
0
P
M
(
O
P
E
N
S
E
S
S
I
O
N
)
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: KBAB Formal Ordinance
MOTION: Move to recommend Council adopt an ordinance amending the
Kent City Code to create a new Chapter 2.62 which codifies the provisions
of Resolution 1298 establishing the Kent Bicycle Advisory Board and adds
new language related to member terms.
SUMMARY: The City Council created the Kent Bicycle Advisory Board (KBAB) by
Resolution No. 1298 in 1991 to review city policies with respect to bicycling and to
make recommendation. At its August 27, 2018 meeting, the Kent Bicycle Advisory
Board proposed drafting revisions to Resolution No. 1298 related to member terms.
Revisions were then drafted to clarify the 2 year length of all member terms, how
the terms of the 11 members will be staggered, and how new members will be
appointed to fill a vacancy that occurs prior to the end of a term.
It is now standard for Council created boards and commissions to be organized
under Title 2 of the Kent City Code. Accordingly, this ordinance creates a new
Chapter 2.62 within Title 2 which codifies the creation, purpose, membership,
duties and responsibilities of the Kent Bicycle Advisory Board.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Innovative Government
ATTACHMENTS:
1. 5 - Exhibit Ordinance (PDF)
5
Packet Pg. 6
1 Adopt Chapter 2.62 KCC -
Re: Kent Bicycle Advisory Board
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent City Code to
create a new Chapter 2.62 which codifies the
provisions of Resolution 1298 establishing the Kent
Bicycle Advisory Board and adds new language
clarifying how terms are staggered and how terms
are filled following a vacancy.
RECITALS
A. The City Council created the Kent Bicycle Advisory Board
(“Board”) by Resolution No. 1298 in 1991. Its primary purpose was to
promote the active involvement of bicycle enthusiasts in the form of an
organized board to advise the City on matters related to bicycling, including
the impact City actions may have upon bicycling. The Board contributes in an
advisory capacity to all aspects of the City’s planning processes insofar as
they may relate to bicycling.
B. The formation and constitution of the Board was previously
established only within a resolution. All other legislative action concerning
Council created boards and commissions are codified and organized under
Title 2, and it is appropriate to codify these provisions there as well.
Accordingly, this ordinance creates a new chapter 2.62 within Title 2 of the
Kent City Code.
5.a
Packet Pg. 7
At
t
a
c
h
m
e
n
t
:
5
-
E
x
h
i
b
i
t
O
r
d
i
n
a
n
c
e
(
1
6
7
4
:
K
B
A
B
F
o
r
m
a
l
O
r
d
i
n
a
n
c
e
)
2 Adopt Chapter 2.62 KCC -
Re: Kent Bicycle Advisory Board
C. The original resolution establishing the Kent Bicycle Advisory
Board did not expressly set forth what happens as a result of the resignation
of a member. Thus, this ordinance specifies that a member appointed to fill
vacancy prior to the end of a term will serve the remaining time identified for
that position.
D. This ordinance also clarifies that the terms of the 11 members
will be staggered. Each member will be identified by a number 1 through 11.
Those assigned an odd number will have their two-year term start on April 1
of the odd numbered year, ending on March 31 of the next odd numbered
year. The two-year term of even numbered positions will start on April 1 of
the even numbered year, ending on March 31 of the next even numbered
year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Title 2 of the Kent City Code is amended
to add a new Chapter 2.62, entitled “Kent Bicycle Advisory Board,” as
follows:
CHAPTER 2.62
Kent Bicycle Advisory Board
Sec. 2.62.010. Created. There is hereby created the Kent Bicycle
Advisory Board.
Sec. 2.62.020. Purpose. The Kent Bicycle Advisory Board may
advise the City Council, the Mayor, and all departments and offices of the
City on matters related to bicycling including the impact City actions may
have upon bicycling. Such Board shall have the opportunity to contribute in
an advisory capacity to all aspects of the City's planning processes insofar as
they may relate to bicycling.
5.a
Packet Pg. 8
At
t
a
c
h
m
e
n
t
:
5
-
E
x
h
i
b
i
t
O
r
d
i
n
a
n
c
e
(
1
6
7
4
:
K
B
A
B
F
o
r
m
a
l
O
r
d
i
n
a
n
c
e
)
3 Adopt Chapter 2.62 KCC -
Re: Kent Bicycle Advisory Board
Sec. 2.62.030. Membership.
A. Number of members. The membership of the Kent Bicycle Advisory
Board shall be eleven (11) members, each of whom shall be appointed by the
mayor and confirmed by the city council. The Board shall serve under the
direction of the mayor subject to council directives, and shall receive
technical support from City staff.
B. Terms of office. The term of office for board members shall be two (2)
years. Board members may serve multiple terms.
1. Positions on the Board shall be identified by a number from 1
through 11. The term of the odd numbered positions shall start on
April 1 of the odd numbered year and end March 31 of the next odd
numbered year. The even number positions shall start April 1 of the
even numbered year and end March 31 of the next even numbered
year.
2. Board members, when appointed to fill a vacancy prior to the
end of a term, will be assigned to fill the vacant position and serve the
remaining time identified for that position.
C. Representation. In order to provide the most diverse representation
possible on the Board its members should, to the extent possible, consist of
representatives of:
1. Bike and cycling organizations;
2. Bicycle dealers;
3. Organizations concerned with safety;
4. Representatives of business organizations;
5. Interested private citizens concerned with urban cycling issues;
5.a
Packet Pg. 9
At
t
a
c
h
m
e
n
t
:
5
-
E
x
h
i
b
i
t
O
r
d
i
n
a
n
c
e
(
1
6
7
4
:
K
B
A
B
F
o
r
m
a
l
O
r
d
i
n
a
n
c
e
)
4 Adopt Chapter 2.62 KCC -
Re: Kent Bicycle Advisory Board
Sec. 2.62.040. Duties & Responsibilities of Board.
A. The Board shall review proposals concerning bicycling and bicyclists in
the City and advise the mayor and city council, representatives from the city
departments and offices who are so delegated by the department director.
Engineering staff or other city staff may provide technical assistance and
provide input as needed.
B. The Board shall:
1. Assist in the formulation of Kent's Comprehensive Bikeway Plan.
2. Review proposals and plans for spot improvements and
bikeways.
3. Promote bicycling as a viable form of urban transportation.
4. Promote improved safety to reduce accidents and thefts of
bicycles by educating both youth and adult cyclists, by evaluating and
recommending changes in design standards for on-street and off-
street bikeways, trails, and paths accessible to bicyclists and for
secured parking racks and lockers.
5. Develop possible demonstration projects to encourage
commuting through provision of safe, accessible routes, secure parking
facilities, and facilities for commuter clean-up and changing from riding
to work clothes.
SECTION 2. – Severability. If any one or more section, subsection, or
sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
5.a
Packet Pg. 10
At
t
a
c
h
m
e
n
t
:
5
-
E
x
h
i
b
i
t
O
r
d
i
n
a
n
c
e
(
1
6
7
4
:
K
B
A
B
F
o
r
m
a
l
O
r
d
i
n
a
n
c
e
)
5 Adopt Chapter 2.62 KCC -
Re: Kent Bicycle Advisory Board
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
5.a
Packet Pg. 11
At
t
a
c
h
m
e
n
t
:
5
-
E
x
h
i
b
i
t
O
r
d
i
n
a
n
c
e
(
1
6
7
4
:
K
B
A
B
F
o
r
m
a
l
O
r
d
i
n
a
n
c
e
)
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: Utility Design Standards and Aesthetic Requirements for
Infrastructure in the Right-of-Way
MOTION: Move to recommend Council adopt an ordinance adding a new
chapter 6.16 of the Kent City Code, establishing utility design standards
and aesthetic requirements for infrastructure located within the right-of-
way.
SUMMARY: The Federal Communications Commission (FCC) recently issued an
order regarding the deployment of small cell facilities. The FCC Order went into
effect on January 14, 2019 and significantly limits local control over these types of
deployments and requires the City to act on applications to deploy small cells
facilities within compressed timelines. The City Council took action on January 15,
2019 to establish a specific franchise application process for small cell facilities
installed on the right-of-way.
The FCC Order also restricts the City’s authority to control the aesthetics and
designs of small cell facilities. Specifically, the City may only impose design
standards that are (1) reasonable; (2) no more burdensome than those applied to
other types of infrastructure deployments; and (3) objective and published in
advance and no later than April 14, 2019.
The City has already established design standards for small cells installed on utility
poles within the right-of-way. These are currently found within the individual small
cell franchises and will now be codified. On February 25, 2019, City staff sought
input from the Committee to help draft design standards for small cells on city-
owned infrastructure that comply with the FCC Order and address the associated
safety and aesthetic concerns these facilities raise. Using this input, staff drafted
the proposed ordinance.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government
6
Packet Pg. 12
ATTACHMENTS:
1. 6.16 - Design Standards in ROW - PW Committee 3.18.19 (PDF)
2. 6.16 - Utility Design Standards in ROW - EXH A (PDF)
6
Packet Pg. 13
1 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 6 of the
Kent City Code by adopting a new chapter 6.16
establishing utility design standards and aesthetic
requirements for infrastructure located within the
right-of-way, including small cell equipment, and
proprietary or leased poles and equipment attached
to these poles.
RECITALS
A. Utility and telecommunication service providers often utilize
city rights-of-way to deploy the facilities necessary to provide various
services to the general public.
B. As wireless communication technology has continued to
advance, requests from telecommunication service providers to utilize the
city rights-of-way to install, construct and maintain facilities in new and
different ways have increased.
C. The City embraces and supports small cell technology and the
advances the City expects it to provide, yet also has a fundamental role to
manage the rights-of-way to first protect the public safety and welfare and
also to protect the City’s significant investments of time, resources and
money in construction, design standards and undergrounding of utilities.
6.a
Packet Pg. 14
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
2 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
D. These design standards and aesthetic requirements were
crafted to address concerns regarding service providers deploying unsightly
facilities that create traffic and sight distance hazards and would be
incompatible with the character of the streetscape or neighborhood.
E. The City is committed to and encourages a safe, reliable,
efficient, integrated and connected system of Complete Streets that
promotes access, mobility and health for all people, regardless of their age,
physical ability or mode of transportation. In particular, the City has
determined that allowing small cell equipment on traffic control signal
systems poses a risk to public safety and welfare. For example, deployment
of small cell equipment or facilities on traffic control signal systems could
impede or interfere with the operation of the traffic control signal system,
negatively impact future traffic control signal system planning, or place
additional burdens on city staff and resources in the event of vehicular
collisions or weather-related events.
F. The City of Kent has expended significant time and resources
developing streetscape design and construction standards in various parts
of the City to ensure that specified areas have an attractive, yet cohesive
look and feel. These standards were developed at great time and expense
to help advance revitalization, create safer public spaces and generate a
greater sense of community pride and economic vitality.
G. In order to balance the deployment of new technology with the
City’s role to manage the rights-of-way and preserve the time, money and
effort expended upon streetscape designs and standards, this new chapter
establishes aesthetic requirements and design standards for small cell
equipment and the proprietary and leased poles this equipment may be
deployed upon. These standards and requirements are targeted to reduce
the aesthetic harm and impact of the bulky equipment and wires that are a
6.a
Packet Pg. 15
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
3 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
part of small cell equipment and to minimize visual clutter and public safety
impacts.
H. It is also important for the City to address the aesthetic harms
and impacts of non-wireless bulky equipment within the right-of-way. This
chapter also sets forth design requirements for utility poles directed toward
reducing the overhead clutter caused by equipment installed on utility poles.
I. This chapter has also been drafted to comply with the recently
adopted Federal Communications Commission Declaratory Ruling and Third
Report and Order (FCC 18-133), which limits local discretion to regulate the
location of small cell equipment and facilities. Specifically, FCC 18-133 only
allows aesthetic requirements that are reasonable, no more burdensome
than those applied to other types of infrastructure deployments, and
objective and published in advance. FCC 18-133 also requires that these
standards be published within 180 days after the October 15, 2018
publication of the Order.
J. Staff provided an overview of the choices and decisions
regarding the design of small cells on February 25, 2019 to the Public Works
Committee.
K. On March _____, 2019, the City requested expedited review
under RCW 36.70A.106 from the Washington State Department of
Commerce regarding the City’s proposed code amendments related to
design standards within the right-of-way. The Washington State
Department of Commerce granted the request for expedited review on
______, 2019. ____ comments were received.
L. On March 18, 2019, the Public Works Committee voted to
recommend adoption of the proposed amendments to the City Council.
6.a
Packet Pg. 16
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
4 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
M. On March 19, 2019, at its regularly scheduled meeting, the
City Council voted to set a public hearing for April 2, 2019 regarding the
proposed code amendment related to design standards within the right -of-
way.
N. On March 19, 2019, the City’s SEPA Responsible Official issued
a Determination of Non-Significance for the proposed code amendment.
O. At its regularly-scheduled meeting on April 2, 2019, the City
Council held a public hearing regarding the proposed code amendments
and, after considering the matter, voted to adopt the amendments to Title
6 of the Kent City Code, adding a chapter establishing design standards for
small cell equipment and other poles and facilities within the right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – New Chapter. Title 6 of the Kent City Code is amended
by adding a new chapter 6.16, entitled “Utility Design Standards in the
Right-of-Way,” to read as follows:
CHAPTER 6.16
UTILITY DESIGN STANDARDS IN THE RIGHT-OF-WAY
Sec. 6.16.010. Purpose.
A. The City Council, as trustee of the City's public right-of-way, has the
authority to authorize right-of-way use by utilities and other entities in order
to serve the public if an agreement consistent with state and federal law and
the best interests of the city and its residents can be reached. The purpose
6.a
Packet Pg. 17
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
5 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
of the design standards set forth within this chapter is to locate small cell
equipment, utility poles and other infrastructure in the city’s rights-of-way
in a manner that minimizes potential incompatibilities with adjacent uses,
addresses traffic safety, limits bulk and minimizes aesthetic impacts.
B. The design standards within this chapter shall be considered
concealment features when considering whether a proposed modification is
a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C.
§ 1455(a).
Sec. 6.16.020. Conflicting provisions. In the event of a conflict
between the provisions of this chapter, the terms of any issued franchise, or
any federal law or federal regulation, it is intended that the stricter standard
shall apply unless the context clearly evidences a contrary intent, or unless
the city is preempted on the issue by applicable law. Should any franchise
or other applicable law be silent on the issue of conflict, this section shall
control.
Sec. 6.16.030. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. City-owned infrastructure means poles, street light standards or other
street-related appurtenances located in rights-of-way and owned by the City
of Kent.
B. Combination Pole means a pole which includes both a streetlight and
small cell equipment or facilities that replaces existing city-owned
infrastructure.
C. Director means the City of Kent public works director, or his or her
designee.
6.a
Packet Pg. 18
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
6 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
D. Franchise refers to the authorization granted by the city to a utility
or other service provider for the nonexclusive right to occupy city rights-of-
way to provide service within a designated franchise area. A franchise shall
be authorized by ordinance and must be accepted by the franchisee to
become effective. A franchise shall not include or be a substitute for:
1. Any other permit or authorization required for the privilege of
transacting and carrying on business within the city, including without
limitation a business license; or
2. Any permit, agreement, or authorization required in
connection with operations on or in public streets or property, including
without limitation, a street cut permit, a street use permit, or other
construction permit or approval; or
3. Any permits or agreements for occupying any other property
in the city for which access is not specifically granted by the franchise,
including without limitation, permits and agreements for placing devices on
or in poles, conduits, other structures, or railroad easements, whether
owned by the city or any other public or private entity, or for providing any
service.
E. Rights-of-Way (singular Right-of-Way) means the surface of, and the
space above and below, any public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle,
pathway, space, or other public right-of-way, and over which the City has
authority to grant permits, licenses or franchises for use thereof, or has
regulatory authority thereover. Rights-of-Way for the purpose of this
chapter do not include railroad rights-of-way, airports, harbor areas,
buildings, parks, poles, conduits, open spaces, nature trails, dedicated but
un-opened right-of-way, undedicated streets and/or right-of-way,
environmentally sensitive areas and any land, facilities, or property owned,
6.a
Packet Pg. 19
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
7 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
maintained, or leased by the City in its governmental or proprietary capacity
or as an operator of a utility.
F. Small cell equipment or facilities means wireless telecommunications
facilities attached, mounted, or installed on a proprietary or leased pole,
excluding monopole towers, that is located in right-of-way and used to
provide personal wireless service.
G. Traffic control signal system means traffic signal poles, mast arms,
luminaires and associated mast arms, ancillary poles and related
appurtenances.
H. Utility Pole means a pole or vertical structure owned by a utility
company or other third party with the right either pursuant to state law or
a franchise to place such facilities in the right-of-way. An “Original Utility
Pole” is a pole that has not been replaced to accommodate Small Cell
Facilities, but that is capable of accommodating Small Cell Facilities. A
“Replacement Utility Pole” means a pole that replaces an Original Utility Pole
to accommodate Small Cell Facilities and does not result in an increase in
the total number of Utility Poles. Each reference to a Utility Pole herein
includes any Original Utility Pole and any Replacement Utility Pole.
Sec. 6.16.040. General Requirements.
A. All poles and small cell equipment or facilities shall be constructed
or installed according to applicable federal, state and city regulations and
standards, including the City of Kent Design and Construction Standards.
B. Ground mounted equipment in the rights-of-way is prohibited,
unless such facilities are placed underground.
C. Small cell equipment or facilities are not permitted on traffic control
signal systems.
6.a
Packet Pg. 20
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
8 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
D. All poles shall comply with the Americans with Disabilities Act
(“ADA”), City of Kent Design and Construction Standards, and state and
federal regulations in order to provide clear passage within the rights-of-
way. The location of any replacement or new Utility or Combination Pole
must not interfere with utility or safety fixtures (e.g., fire hydrants, traffic
control devices), and not adversely affect public health, safety or welfare.
E. In order to minimize negative visual impact to the surrounding area
and to avoid excessive overhead clutter, the Director may deny a request
for proposed small cell equipment where the proposed location is deemed
inappropriate due to the extent of existing above ground wireless
telecommunications or other electrical or cable facilities existing within a one
hundred fifty foot (150’) radius of the proposed Small Cell equipment
location. The Director may also deny a request for proposed small cell
equipment on a Utility Pole already containing more than one electrical
transformer.
F. The use of any city-owned infrastructure or Utility Pole for the siting
of small cell equipment shall be considered secondary to the primary
function of the pole. If the primary function of a pole serving as the host for
small cell equipment becomes unnecessary, the pole shall not be retained
for the sole purpose of accommodating the small cell facility, and the small
cell facility and all associated equipment shall be removed.
G. Replacement Poles shall be located as near as possible to the existing
pole, while meeting the current City of Kent Design and Construction
standards. The abandoned pole must be removed.
H. Replacement and Combination Poles shall match the color and
material of the original or adjacent poles. Replacement and Combination
Poles shall be located in a location that minimizes the appearance from
existing adjacent residential structures to the maximum extent feasible. For
6.a
Packet Pg. 21
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
9 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
example, locations where new poles or replacement poles would be close to
windows, in front of historically or architecturally significant buildings, or in
locations where the equipment would disturb views of significance should be
avoided.
I. The number of conduit shall be minimized to the number necessary
to accommodate the facilities or equipment on the Utility Pole. The color of
external cables, wires and conduit shall match the color of the Utility Pole
or be a neutral color such as black, brown, beige, off-white, or light gray.
The conduit shall be mounted as closely as possible to the pole, while still
meeting the required safety clearances.
J. All cables and wiring on Utility Poles shall also be concealed to the
maximum extent feasible. Any wires outside the conduit shall be
consolidated and pulled as tight as technically feasible. Loops of excess
wires shall not be lashed to the pole, to electrical wires supported by the
pole, or to any pole-mounted equipment.
K. Ancillary equipment and facilities, including conduit and cable shall
not dominate the structure or utility pole upon which these things are
attached.
L. Antennas and related equipment shall not be illuminated except for
security reasons, required by a federal or state authority, or unless
approved as part of a concealment element plan.
M. Side arm mounts and strand mounts for antennas or equipment are
prohibited.
N. The city may consider the cumulative visual effects of small cell
equipment mounted on poles within the rights-of-way when assessing
proposed siting locations so as not to adversely affect the visual character
of the area. This provision shall neither be applied to limit the number of
6.a
Packet Pg. 22
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
10 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
permits issued when no alternative sites are reasonably available nor to
impose a technological requirement on the service provider.
O. These design standards are intended to be used solely for the purpose
of concealment and siting. Nothing herein shall be interpreted or applied in
a manner which dictates the use of a particular technology. When strict
application of these requirements would unreasonably impair the function
of the technology chosen by the applicant, alternative forms of concealment
or deployment may be permitted which provide similar or greater
protections from negative visual impacts to the streetscape.
P. No equipment on any Utility or Combination Pole may be operated so
as to produce noise in excess of ambient noise levels.
Sec. 6.16.050. Small Cell Equipment Design Standards and
Aesthetic Requirements on Utility Poles.
A. Locations.
1. Small cell equipment on Utility Poles shall be located in a
location that minimizes the appearance of small cell equipment from existing
adjacent residential structures to the maximum extent feasible. For
example, best efforts shall be used to avoid locations where small cell
equipment would be close to windows, in front of historically or
architecturally significant buildings, or in locations where the equipment
would disturb views of significance.
2. A Utility Pole shall not contain more than one small cell facility.
B. Replacement Utility Poles. The height of any Replacement Utility Pole
including antennas shall be: fifty (50) feet or less; or not extended to a
height of more than ten percent (10%) above its preexisting height as a
result, whichever is greater.
6.a
Packet Pg. 23
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
11 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
C. Small Cell Equipment Design. Small cell equipment shall comply with
the design standards set forth within this Section.
1. Color. Small cell equipment antennas, conduit, mounting
hardware and equipment cabinets shall be painted a neutral color to match
the color of the Utility Pole, or at the city’s preference, small cell equipment
shall be painted any color of the city’s choosing, so long as the paint is
reasonably commercially available.
2. Mount. Small cell equipment shall be mounted as closely to
the Utility Pole as possible, and shall not extend out more than three (3)
feet from the pole. Ground mounted equipment is prohibited.
3. No Illumination. Except as otherwise required by applicable
law, small cell equipment shall not be illuminated.
4. Concealed Wires. Small cell equipment’s external cables and
wires shall be enclosed in a conduit so that wires are protected and not
visible or visually minimized to the maximum extent feasible. The number
of conduit shall be minimized to the number necessary to accommodate the
small cell facility and the conduit shall be mounted as closely to the pole,
while still meeting the required safety clearances necessary for the pole to
remain climbable. The color of external cables and wires and conduit shall
match the color of the Utility Pole or be a neutral color such as black, brown,
beige, off-white, or light gray. All cables shall be also be concealed to the
extent feasible.
6.a
Packet Pg. 24
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
12 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
5. Bulk.
a. Primary small cell equipment enclosures shall not
exceed twelve (12) cubic feet in volume.
b. Multiple antennas are permitted provided that the
cumulative total antenna volume shall not exceed twelve (12) cubic feet.
c. If, due to technological reasons, the proposed
equipment enclosures do not comply with this subsection, the Director may
approve primary small cell equipment enclosures up to twenty-eight (28)
cubic feet in volume following a submission to the Director demonstrating
that the proposal includes the smallest small cell equipment enclosure that
is technologically feasible for the specific small cell facility.
6. Stickers. The use of stickers on Utility Poles should be
minimized to the extent feasible.
Sec. 6.16.060. Small Cell Equipment Design Standards and
Aesthetic Requirements on City-owned Infrastructure.
A. General Considerations.
1. In order to install small cell equipment on city-owned
infrastructure, the existing city-owned pole must be removed and replaced
with a Combination Pole meeting the requirements of Section 6.16.040
General Requirements and this Section 6.16.060. Alternatively, the Director
may approve the installation of a Combination Pole in a location where it has
been identified that a streetlight is necessary and if the installation of the
Combination Pole complies with the lighting criteria set forth in the City of
Kent Design and Construction Standards.
2. Three types of Combination Poles are allowed: (1) Combination
Pole with a canister or shrouded antenna; (2) Combination Pole with
6.a
Packet Pg. 25
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
13 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
equipment shroud; and (3) Combination Pole with canister or shrouded
antenna and equipment shroud, as depicted in Exhibit A.
B. Requirements for all Combination Poles.
1. The design of a Combination Pole shall match the existing city-
owned infrastructure installed adjacent to the proposed Combination Pole
and substantially conform to the depictions in Exhibit A or those
subsequently adopted in the City of Kent Design and Construction
Standards. The same Combination Pole shall be used in the same corridor,
in a defined area with adopted design standards or guidelines, or within a
neighborhood to maintain a cohesive appearance.
2. The height of any Combination Pole replacing city-owned
infrastructure including antennas shall be: fifty (50) feet or less; or not
extended to a height of more than ten percent (10%) above its preexisting
height as a result, whichever is less. The height of a Combination Pole
installed at a new location pursuant to Section 6.16.060(A)(1) shall be
approved by the Director.
3. The diameter of the Combination Pole shall be no larger than
16 inches. The Director may approve a diameter up to 20 inches if an
applicant can demonstrate that more space is needed.
4. No horizontal flat spaces greater than 1.5 inches shall exist on
the Combination Pole to prevent cups, trash and other objects from being
placed on the pole.
5. All wiring and cabling shall be internal to the Combination Pole.
6. Any antenna or equipment shroud shall be colored to match
the Combination Pole.
7. Any splicing of wiring and cabling shall be underground.
6.a
Packet Pg. 26
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
14 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
8. The luminaire shall be mounted at the same height as
surrounding luminaires.
9. All mounting brackets, anchor bolts and other hardware
connections shall be concealed.
C. Requirements for Specific Combination Pole Types.
1. Combination Pole with Canister or Shrouded Antenna.
a. The antenna shall be a canister or shrouded antenna and
mounted at the top of the Combination Pole. There shall be a smooth
transition between the upper part of the pole and the antenna and the
antenna shall be integrated so that it appears as a continuation of the
original pole. Antennas shall be scaled to be a maximum of 1.25 times the
diameter of the pole at the antenna-mounting location.
b. The canister antenna or antenna shroud shall be colored
to match the Combination Pole.
2. Combination Pole with Equipment Shroud.
a. In place of an antenna at the top of the Combination
Pole, a single external shroud containing the antenna and other equipment
mounted to the pole will be allowed.
b. The shroud shall be attached near the top of the pole in
such a way that the wiring, cables, and equipment is hidden from view.
3. Combination Pole with Canister or Shrouded Antenna and
Equipment Shroud.
a. This type of Combination Pole is allowed when various
small cell technologies (e.g., LTE and 5G) provided by a single carrier are
installed on the same pole. The applicant must demonstrate that the
6.a
Packet Pg. 27
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
15 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
additional technology cannot be integrated into the equipment cabinet or
the canister antenna.
b. The equipment shroud shall be attached near the top of
the pole in such a way that the wiring, cables and equipment is hidden from
view.
Sec. 6.16.070. Permits. Permits approved pursuant to this section
shall be subject to the following findings by the Director: (1) that the
applicant has an executed franchise or limited license agreement with the
city; and (2) the applicant has an executed master license agreement with
the city if any component of the proposed small cell equipment or facility
involves use of city-owned infrastructure.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. – Effective Date. The City Council hereby finds and
declares that an emergency exists which necessitates that this ordinance
become effective immediately in order to preserve the public health, safety
and welfare. This ordinance shall become effective immediately upon
passage. The city clerk is directed to publish a summary of this ordinance at
the earliest possible publication date.
6.a
Packet Pg. 28
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
16 Adopt Chapter 6.16 KCC –
Utility Design Standards
in the Right-of-Way
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
6.a
Packet Pg. 29
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
P
W
C
o
m
m
i
t
t
e
e
3
.
1
8
.
1
9
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
Combination Pole with Canister or Shrouded Antenna -
Section 6.16.060(C)(1)
EXHIBIT A
6.b
Packet Pg. 30
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
E
X
H
A
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
I
n
f
r
a
s
t
r
u
c
t
u
r
e
i
n
Combination Pole with Equipment Shroud -
Section 6.16.060(C)(2)
EXHIBIT A
6.b
Packet Pg. 31
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
E
X
H
A
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
I
n
f
r
a
s
t
r
u
c
t
u
r
e
i
n
Combination Pole with Canister or Shrouded Antenna and Equipment
Shroud - Section 6.16.060(C)(3).
EXHIBIT A
6.b
Packet Pg. 32
At
t
a
c
h
m
e
n
t
:
6
.
1
6
-
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
i
n
R
O
W
-
E
X
H
A
(
1
6
7
5
:
U
t
i
l
i
t
y
D
e
s
i
g
n
S
t
a
n
d
a
r
d
s
a
n
d
A
e
s
t
h
e
t
i
c
R
e
q
u
i
r
e
m
e
n
t
s
f
o
r
I
n
f
r
a
s
t
r
u
c
t
u
r
e
i
n
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: Sprint Spectrum L.P. Lease Agreement
MOTION: Move to recommend Council authorize the Mayor to enter into a
lease agreement with Sprint Spectrum L.P. to operate and maintain a
wireless communication facility at the Blue Boy Tank site, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: On July 1, 1998, the City and a predecessor of Sprint Spectrum L.P.
entered into a lease to operate a wireless communications facility at the Blue Boy
Tank site located at 11228 SE 236th Pl. in Kent. The lease expired on June 30,
2018, and all renewal options were exhausted.
Sprint has requested to enter into a new lease with the City at the same location.
This lease will retroactively commence on July 1, 2018, and end on June 30, 2023.
Sprint will have the option to renew this lease for two additional five-year periods,
provided they are compliant with all lease terms.
Sprint will pay rent in the amount of $2,730.00 per month, plus leasehold tax if
required by law, at a rate established by the State of Washington. Rent during the
first year of each renewal term will be adjusted to market rent. Rent during years
two through five of the initial term, then for years two through five of each optional
renewal term, shall be increased each anniversary of the commencement date of
the lease by 4%.
This lease also obligates Sprint to pay a one-time fee of $10,000.00 for previously
occupying City-installed conduit without authorization. The City will also collect
$2,000.00 for the costs incurred by the City to administer, negotiate and modify
terms of the lease.
BUDGET IMPACT: Lease payment will be paid starting on July 1, 2018. Lease
proceeds will be credited to the water fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
7
Packet Pg. 33
ATTACHMENTS:
1. 7 - Exhibit Sprint Lease Agreement (PDF)
7
Packet Pg. 34
Sprint Cascade No.5E60XC302
Sfte Name:Splinter
LEASE AGREEMENT
THIS LEASE AGREEMENT (“Lease”)is between the CITY OF KENT,aWashingtonmunicipalCorporation(“City”),and SPRINT SPECTRUM L.P.,a Delawarelimitedpartnership,with its principal address at 6391 Sprint Parkway,Overland Park,Kansas 66251-2650 (“Tenant’),for a wireless communications facility located at 11228Southeast236thPlace,Kent,Washington.
BACKGROUND
A.City is the owner in fee simple of a parcel of land located in the City of Kent,
King County,Washington,legally described on the attached Exhibit A (the “Property”).
B.Tenant is in the communications business and desires to lease that portion
of the Property as depicted on the attached Exhibit B and may access that portion of thePropertyasdepictedontheattachedExhibitC.
C.Tenant acknowledges and agrees that this Lease does not authorize Tenant
to expand its improvements,nor allow other providers to occupy City-owned property,norsub-lease Tenant’s Improvements without explicit authorization from the City.
D.Accordingly,the parties are entering into this Lease on the terms andconditionssetforthbelow.
AGREEMENT
In consideration of their mutual covenants,the parties agree as follows:
1.Leased Premises.City leases to Tenant and Tenant leases from Cityapproximately2595squarefeetoflandlocatedonthatportionofthePropertyasdepicted
on the attached Exhibit B (the “Premises”).Tenant is not authorized by this Lease to use
or permit installation of any equipment in facilities or areas not specified within theexhibitstothisLease.Tenant may only access the Premises as legally described onExhibitC.
This Lease is not a franchise nor is it a permit to use the City’s rights-of-way.AnyfranchiseorpermitmustbeobtainedseparatelyfromtheCity.
2.Term and Option to Renew.This Lease shall commence on July 1,2018 (the“Commencement Date”),and end on the date that is one day before the five-yearanniversaryoftheCommencementDate,June 30,2023 (“Expiration Date”).Additionally,
so long as Tenant is not in default of this Lease beyond all applicable notice and cureperiods,Tenant shall have the option to renew this Lease for two additional five-yearperiods,subject to the adjustment of Monthly Rent as described in Section 3.ShouldTenantexerciseanoptiontorenewthisLease,that option must be exercised in writing
and delivered to City at least 90 calendar days before the end of the then-current term.
LEASE AGREEfr1ENT AT BLUE BOY -Page 1.of 16
(City:City of Kent;Tenant:Sprint)
7.a
Packet Pg. 35
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
3.Monthly Rent.
3.1 Tenant agrees to pay City as Monthly Rent,without notice or demand,
the sum of TWO THOUSAND SEVEN HUNDRED AND THIRTY DOLLARS ($2,730.00),plus
leasehold excise tax,if required by law,at a rate established by the State of Washington,
currently 12.84°/o,beginning on the Commencement Date.Subsequently,the Monthly
Rent and all taxes due shall be paid in advance,on or before the first day of every
following month during the term hereof.All payments shall be mailed to:City of Kent,220
Fourth Avenue South,Kent,Washington 98032,Attention:Facilities Superintendent.
3.2 Tenant shall pay City a late payment charge equal to S%of the
Monthly Rent for any payment not paid within five calendar days of when due.Any
amounts not paid when due shall bear interest until paid at the rate of 1°/c per month.
3.3 The Monthly Rent during years two through five of the initial five-year
term,then for years two through five of each optional five-year renewal term thereafter,
shall be increased effective as of each anniversary of the Commencement Date by anamountequalto4%.
3.4 The Monthly Rent during the first year of each five-year renewal term
will be adjusted to Market Rent.“Market Rent”means the rent paid for similar uses on
similar properties in the greater Puget Sound area.City shall propose the updated Market
Rent no later than 60 days prior to the end of the then-current term.If City and Tenant
cannot mutually agree upon Market Rent within 30 days after City presents its proposal
for Market Rent,then the Lease shall terminate at the end of the then-current term.
3.5 Monthly Rent,and all other consideration to be paid or provided by
Tenant to City shall constitute Monthly Rent and shall be paid or provided without offset.
3.6 City shall not be required to make any expenditures of any kind in
connection with this Lease or to make any repairs or improvements to the Premises.The
parties agree that this is an absolute net lease intended to assure City the rent reserved
on an absolute net basis.
4.Utilities.Tenant shall,at its expense,separately meter charges for the
consumption of electricity and other utilities associated with its use of the Premises and
shall timely pay all associated costs.
5.License Fees.Tenant shall pay,as they become due and payable,all fees,
charges,taxes and expenses required for licenses and/or permits required for or
occasioned by Tenants use of the Premises.As part of the costs incurred by City toadminister,negotiate changes to,and modify this Lease,Tenant shall pay to City a one
time administrative fee of TWO THOUSAND DOLLARS AND NO/100 ($2,000.00)
(“Administrative Fee”)plus a one-time payment of TEN THOUSAND DOLLARS AND NO/IOU
($10,000.00)(Conduit Fee’)for previously occupying City-installed conduit without
authorization.Payment of this Administrative Fee and Conduit Fee shall be due in full
within 60 days following the full execution of this Lease.This Administrative Fee and
LEASE AGREEMENT AT BLUE BOY —Page 2
(city:city of Kent;Tenant:sprint)(2018)
7.a
Packet Pg. 36
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
Conduit Fee shall not be considered part of the Monthly Rent for any purpose,including,
but not limited to,application of the state leasehold excise tax.
6.Use of Premises.
6.1 Tenant may use the Premises for the purpose of locating,maintaining,
operating,removing,and upgrading the wireless communications facilities as depicted on
the attached Exhibit D.Tenant shall not use the Premises for any other purpose.
6.2 Tenant shall,at its sole expense,comply with all applicable present
and future federal,state,and local laws,ordinances,rules and regulations (including laws
and ordinances relating to health,radio frequency emissions,other radiation and safety)
in connection with the use,operation,maintenance,construction and/or installation of the
Improvements and/or the Premises.
7.Tenant Improvements,Plans,Bonds.
7.1 Tenant has improved the Premises by constructing wireless
communications facilities including a communications tower and ancillary support facilities
and structures (collectively,“Improvements”)as depicted on Exhibit D.No additional
improvements or modification to the Improvements shall be made without the City’s
consent,which consent will not be unreasonably withheld,conditioned or delayed.Prior to
commencing construction of any additional improvements or modifications,Tenant shall
submit plans and specifications drawn to scale for all Improvements to City.City’s Public
Works Department may grant approval or provide Tenant with its requests for changes
within 30 business days of City’s receipt of Tenant’s plans and specifications.Construction,
installation,or alteration of improvements shall not be commenced until plans for such
work have been approved in writing by the City and all necessary permits have been
properly issued.Tenant is responsible for providing all labor,materials,and equipment
necessary for the Tower.The plan and specifications review schedule described above
does not apply to the City acting as a governmental entity issuing permits and other
approvals for the work Tenant is requesting to perform,and Tenant shall pay all permit
costs in addition to the Monthly Rent described in Section 3.Any Improvements or
modifications to Improvements are subject to the conditions set forth in this Section 7.
7.2 Notwithstanding anything to the contrary contained herein,Tenant
may perform routine maintenance and repairs,make like-kind or similar replacements of
Improvements,and make modifications within the interior of any shelters or base station
equipment without City’s consent;except that this provision shall not relieve Tenant of its
responsibility to obtain all necessary permits and approvals for such work,whether it be
from City or any other agency with jurisdiction.
7.3 ‘All Improvements shall be constructed in a workmanlike manner
without the attachment of any liens to the Property and shall be completed in compliance
with all permits,applicable laws,rules,ordinances,and regulations.If any lien is filed,
such lien shall be removed from the Property or bonded over,per RCW 60.04.161,within
20 calendar days of the lien being recorded with the King County Recorder’s office.
7.4 Any alterations,modifications,improvements,or changes to the
LEASE AGREEMENT AT BLUE BOY -Page 3
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 37
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
Improvements not authorized by this Lease or other required City approval (“Unauthorized
Alterations”)will be subject to the payment of an Unauthorized Alterations Charge
(defined below)by the Tenant.City shall provide written notice to the Tenant of any
Unauthorized Alterations identified by City staff and Tenant shall have thirty (30)calendar
days thereafter in which to establish that the alterations were authorized or to remove
such alterations.Failure to establish that the alterations were authorized or to otherwise
remove such alterations will result in the imposition of an Unauthorized Alterations charge
in the amount of One Hundred Dollars ($100.00)per day per Unauthorized Alteration
(“Unauthorized Alterations Charge”)starting on the date that is thirty (30)days following
Tenant’s receipt of notice of such Unauthorized Alteration until such time as such
Unauthorized Alterations are removed.This Lease remedy is in addition to any other
remedy available to the City at law or equity.
7.5 Tenant shall conform and comply with all local land use,regulatory,or
building permit conditions issued by the City or any other agency with jurisdiction in
connection with the construction,operation,or maintenance of Tenant’s Improvements
and the Improvements contemplated in this Lease.
7.6 Tenant shall consult with City to schedule the construction of any
additional Improvements and Tenant shall adhere to this schedule.
7.7 Upon completion of the Improvements,Tenant shall remove all debris
left from the installation of the Improvements,including any abandoned equipment left by
Other Providers,at Tenant’s sole cost.
8.Removal of Improvements.
8.1 Within 30 days after termination or expiration of this Lease,Tenant
shall commence removal of all Tenant’s Improvements from the Premises and peaceably
surrender the Premises to the City in the same condition the Premises was in on the date
the original Lease of the Premises began,excepting ordinary wear and tear.Removal of all
of Tenant’s Improvements shall be completed within 90 days.If Tenant fails to begin
removal of the Improvements on or before the 3O day after the Lease expires orterminatesorfailstocompleteremovalwithin90days,the City may remove,store,or
dispose of any remaining portion of the Improvements in any manner the City deems
appropriate.Tenant shall,within 30 days after receipt of the City’s written request and
invoice evidencing such costs,reimburse the City for all costs incurred by the City in
connection therewith (including any reasonable overhead and storage expenses).ThetermsofthisSection8.1 shall not apply to Improvements which are authorized to remain
pursuant to Section 8.2.
8.2 If,upon request by the Tenant,City grants permission for all or a
portion of the Improvements upon termination of this Lease to remain,title to the affected
Improvements shall be transferred to City via bill of sale,at market rates,and shall
become the sole and exclusive property of City,and Tenant shall be relieved of its duty to
otherwise remove them.Any personal property,equipment,or Improvements that are not
removed within 90 days following the termination of this Lease shall become the property
of City,at City’s option.
LEASE AGREEMENT AT BLUE BOY -Page 4
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 38
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
8.3 Tenant shall annually post a bond (or,at Tenant’s option,a letter of
credit)from a surety or bank reasonably acceptable to City,in the amount of Fifteen
Thousand Dollars ($15,000.00).City may use these funds at the termination of the Lease
for removal of all improvements and repair of the Property,the Premises and the access
should Tenant not comply with the requirements of this section.
9.Use by Other Providers.
9.1 The Improvements were initially designed and constructed toaccommodateoneadditionaltelecommunicationprovider(“Other Provider”).
9.2 City may elect at any time to place one antenna or antenna facility ontheImprovementsotherwiseavailableforusebyanOtherProvider.If City so elects,such
use shall be without charge to the City.Tenant shall cooperate with City in connection
with City’s locating and placing their antennas and other facilities on the Tower and intotheancillarysupportfacilities.
9.3 City Leasing Space.
(a)Nothing in this Lease shall preclude City from leasing other space forcommunicationsequipmenttoanOtherProviderwhomaybeincompetitionwithTenant,
or to any other party,subject to the provisions of Section 13.
(b)The City may allow Other Provider(s)to locate and place antenna andotherfacilitiesonthePremisesandintheancillarysupportfacilities;provided,however,
prior to any installation on the Tenant’s Improvements by a third party,including,but not
limited to,an Other Provider,such third party shall enter into a site lease agreement
directly with Tenant for the use of such Improvements under commercially reasonabletermsandconditionsacceptabletoTenant.Tenant shall cooperate with each new Other
Provider and its locating and placement of its equipment.
(c)The Tenant shall not be responsible for the cost of the Other Provider
locating and placing its equipment on the Premises or for any liabilities that arise from theOtherProvider’s use of the Premises.
9.4 Tenant Subleases.
(a)Tenant shall notify City in writing of all sublease or assignment
requests or proposals which Tenant receives for use of the Improvements within 3 daysafterreceipt.Tenant shall also immediately provide City with any information relating to
an actual or prepared lease to an Other Provider that City requests.Failure to comply with
this provision shall place Tenant in default and give City the option of exercising any of the
rights set forth in this Lease.
(b)For each additional antenna installed by Tenant,as a result of asubleaseorotherwise,beyond the Improvements depicted in Exhibit D,Tenant shall pay
an additional fee in an amount to be determined by the parties,which shall increase
LEASE AGREEMENT AT BLUE BOY —Page 5
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 39
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
annually under the same terms provided in this Lease and shall become part of the
Monthly Rent.
10.Maintenance.
10.1 tenant shall,at its own expense,maintain the Premises (lessreasonablewearandtearorlossbycasualtyorothercausesbeyondTenant’s reasonable
control),and all Improvements,equipment and other personal property on the Premises
in good working order,condition and repair.Tenant shall keep the Premises and accessfreeofdebrisandanythingofadangerous,noxious or offensive nature or which wouldcreateahazardorunduevibration,heat,noise or interference.Tenant shall remove
graffiti at its own cost within 72 hours of receipt of notice to remove by City.City may
remove graffiti that is not located on any Improvements at its own cost without notice to
Tenant.Tenant shall install,maintain,and replace,when necessary,all landscaping
described in Exhibit D,at Tenant’s sole expense and in accordance with any necessary
City of Kent permits.The use of herbicides or insecticides by Tenant on thePremisesisstrictlyprohibited.City shall be responsible for any damages to the
Premises caused by its use by City,or City’s agents,employees,licensees,invitees orcontractors,and shall be responsible for maintaining and repairing the access from andaftertheexpirationorearlierterminationofthisLease,which costs shall be City’s sole
responsibility,subject,however,to Tenant’s restoration obligations pursuant to Sections 7and8.
10.2 It the City or any other tenant undertakes painting,construction orotheralterationsonCity’s Property described in Exhibit A,Tenant shall take reasonablemeasures,at Tenant’s cost,to cover Tenant’s equipment,personal property orImprovementsandprotectthemfrompaintanddebrisfalloutthatmayoccurduringthe
painting,construction or alteration process.This requirement shall not be interpreted as awaiverofanyclaimTenantmayraiseeitheragainstCityoranythirdpartyduetotheCity
or the third parties’negligence,so long as Tenant has taken reasonable measures toprotectTenant’s equipment,property,and facilities as required above.
11.Access.City and its agents shall have the right to enter the Premises at alltimes,to examine and inspect the Premises,however,except in an emergency,CityagreesthatitwillnotaccessTenant’s Improvements without a representative of Tenant
present;and provided further,however,that in no event will City,its employees,agents
or contractors remove,relocate,alter,modify or otherwise tamper with Tenant’sImprovements.Tenant and its sublessee(s)shall have 24-hours-a-day,7-days-a-week
access to the Premises for regular maintenance and to address emergency issues.
12.Approvals;Compliance with Laws.Tenant’s use of the Premises is contingent
upon its obtaining all certificates,permits,zoning,and other approvals that may berequiredbyanyfederal,state or local authority.Tenant shall erect,maintain and operatetheImprovementsinaccordancewithsitestandards,statutes,ordinances,rules andregulationsnowineffectorthatmaybeissuedthereafterbytheFederalCommunications
Commission or any other governing bodies.
13.Interference.
LEASE AGREEMENT AT BLUE BOY -Page 6
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 40
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
13.1 Tenant’s installation,operation,and maintenance of the Improvements
shah not damage or interfere in any way with City’s activities on the Property.Except assetforthinSection13.2,Tenant agrees to correct,within 30 calendar days of receipt ofnoticeofinterferencefromCity,all such actions that materially interfere with City’s use oftheProperty.Tenant agrees to promptly commence good faith efforts to cure interference
upon actual notice of such interference.If the interference cannot be corrected withoutTenant’s wireless signal coverage goals from the Premises being materially impaired,Tenant shall have the right to terminate the Lease.
13.2 Tenant shall not interfere with the construction of the City’s new pumpstationontheProperty.Tenant agrees to correct any interference within 5 calendar days
of receipt of notification of interference by the City.Tenant shall indemnify,hold harmless,and pay the costs of defending the City against any and all claims,suits,actions,damages,or liabilities for delays on the construction of the City’s pump station caused byorarisingoutofthefailureofTenanttocorrectanyinterferenceinatimelymanner.
Except that Tenant shall not be responsible for damages due to delays caused bycircumstancesbeyondthecontrolofTenantorthenegligence,willful misconduct,orunreasonabledelayoftheCityofanyunrelatedthirdparty.
13.3 Before approving the placement of the Improvements,City mayobtain,at Tenant’s expense,an interference study indicating whether Tenant’s intendedusewillinterferewithanyexistingcommunicationsfacilitiesontheProperty.
13.4 If an Other Provider requests a lease from City to place any type ofantennaeortransmissionfacilityontheProperty,City shall submit a proposal complete
with all technical specifications reasonably requested by Tenant to Tenant for review fornoninterference;however,City shall not be required to provide Tenant with anyspecificationsorinformationclaimedtobeofaproprietarynaturebyanythirdparty.TheOtherProvidershallberesponsibleforthereasonablecostofpreparingthetechnicalspecificationsforitsproposedtransmissionfacility.Tenant shall have 15 calendar days
following receipt of a proposal to make any objections.Failure to make any objection
within this 15-day period will constitute consent by Tenant to the installation of antennae
or transmission facilities pursuant to the proposal.If Tenant gives notice of objection duetointerferenceduringthis15-day period and City deems the objection to be valid,then
City shall not proceed with such proposal unless and until the Other Provider modifies theproposalinamannerdetermined,in City’s reasonable judgment,to adequately eliminatereasonableinterferenceconcernsassertedbyTenant.If the Other Provider actuallyinterfereswiththeoperationsofTenant,City shall make good faith efforts to have theOtherProviderceaseoperationuntiltheinterferencecanbeeliminated.
13.5 The City may allow a governmental unit to place antennae or othercommunicationsfacilitiesonthePremisessolongasthereisnointerferencewithTenant’suse.The City will provide the Tenant an opportunity to object to such a placement due tointerference.Tenant shall have 15 calendar days following receipt of a proposal to makeanyobjectionsduetointerference.Failure to make any objection within this 15-day period
will constitute approval.Any costs such as a structural analysis will be paid by the City orthegovernmentalunitresponsibleforplacingtheantennaeorcommunicationsfacilities.
LEASE AGREEMENT AT BLUE BOY -Page 7
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 41
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
14.Default.It shall be a default if:
14.1 Tenant fails to pay Monthly Rent or any other sums payable to City
when due,and does not cure such default within 15 calendar days after receipt of written
notice;
14.2 Tenant removes its Improvements on the Premises for a period longer
than 6 consecutive months and fails to replace them during this time period;
14.3 Tenant fails,at any time during this Lease (including optional renewal
periods),to conform or comply with any local land use,regulatory,or building permit
conditions issued by City in connection with the construction,operation,or maintenance of
Tenant’s facilities contemplated in this Lease,and this failure is not cured within 30
calendar days after receipt of written notice;except that Tenant will not be in default
under this subsection if it begins to cure the alleged failure within the 30-day period andthereafterdiligentlyprosecutesthecuretocompletion;
14.4 Tenant is finally adjudicated as bankrupt or makes any assignment for
the benefit of creditors;
14.5 Tenant becomes insolvent;
14.6 Either party fails to perform any other covenant or condition of this
Lease and this failure is not cured within 30 calendar days after receipt of written notice;
except that neither party will be in non-monetary default under this subsection if it begins
to cure the alleged default within the 30-day period and thereafter diligently prosecutes
the cure to completion;
14.7 Tenant fails at any time to maintain insurance as required in Section
22 of this Lease and Exhibit E and such failure is not cured within 10 calendar days
following Tenant’s receipt of written notice of such failure;or
14.8 Tenant makes or allows to be made any Unauthorized Alteration and
this Unauthorized Alteration is not cured within thirty (30)calendar days following
Tenant’s receipt of written notice.
15.Cure by City.In the event of any default of this Lease by Tenant beyond all
applicable notice and cure periods,City may,cure the default for the account of and at theexpenseoftheTenant.If City is compelled to pay or elects to pay any sum of money or to
do any act that will require the payment of any sum of money or is compelled to incur any
expense,including reasonable attorney fees in instituting,prosecuting or defending any
action to enforce City’s rights under this Lease,the sums so paid by City,with all interest,
costs and damages will constitute Additional Rent.Tenant shall pay this Additional Rent to
City within 30 calendar days after receipt of an invoice together with reasonable
supporting documentation evidencing such sums and expense.If Tenant disputes theappropriatenessoftheAdditionalRentingoodfaith,Tenant will pay such Additional Rent
“under protest”.Any payment under protest by Tenant will not be considered an
admission of liability or a waiver of Tenant’s rights under this Lease,and this payment will
LEASE AGREEMENT AT BLUE BOY -Page 8
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 42
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
be subject to refund if Tenant’s position is upheld by a court of competent jurisdiction.
16.optio’ciai Termination.Except for instances of default as set forth in Section
14,and for instances of damage or destruction as set forth in Section 19,this Lease may
be terminated (a)by Tenant if it is unable to obtain or maintain any license,permit,orothergovernmentalapprovalnecessaryfortheconstructionand/or operation of Tenant’s
business under this Lease;(b)by Tenant,if in its sole discretion,it determines that the
use of the Premises is obsolete or unnecessary;(c)by City upon 180 calendar days’prior
written notice to Tenant,if City decides,in its sole discretion for any reason,to
discontinue use of the Premises for municipal or public purposes;(d)by City or Tenant if
there is a determination made pursuant to an official unappealable order of the FCC that
continued use of the Premises by Tenant is in fact a threat to public health,safety or
welfare that cannot be remediated;(e)by City,if Tenant’s use of the Premises violates
applicable laws or ordinances provided that Tenant is given notice of such violation and an
opportunity to cure pursuant to Section 14.6 above;or (f)by City or Tenant,if Tenant
loses its license to provide PCS/cellular service for any reason,including,but not limited
to,non-renewal,expiration,or cancellation of its license,and is unable to reinstate such
license within a 90 days following such loss.
17.Damages.In the event Tenant defaults beyond all applicable notice and cure
periods pursuant to Section 14 or Tenant terminates pursuant to Section 16,Tenant shall
pay City the amount of unpaid rent accrued through the date of termination.In the event
Tenant defaults beyond all applicable notice and cure periods or Tenant terminates
pursuant to Section 16(b),Tenant shall also pay City liquidated damages in the amount of
6 months’additional rent,at the rate then existing as of the date of termination,without
regard to annual increases.
18.Termination;Notice.In the event of default by City pursuant to Section 14,
Tenant may pursue any remedies available to it against City at law and in equity,
including,but not limited to,the right to terminate this Agreement.Except as otherwise
provided in Section 14,any notice of termination pursuant to Section 16(b)shall be given
to the other party in writing at least 30 calendar days prior to the termination date in
accordance with the provision of Section 28.
19.Damage or Destruction.If Tenant’s Improvements or any portion thereof are
destroyed or damaged so as to materially hinder effective use of the Premises through no
fault or negligence of Tenant,Tenant may elect to terminate this Lease upon 30 calendar
days’written notice to City.In such event,Tenant shall promptly remove allImprovementsfromthePremisesassetforthinSection8above.This Lease (and
Tenant’s obligation to pay rent)shall terminate upon Tenant’s removal of all
Improvements and Tenant shall be entitled to the reimbursement of any prepaid Monthly
Rent.City shall have no obligation to repair any damage to any portion of the Property,
the Premises.
20.Condemnation.If the Premises are taken by eminent domain,this Lease shall
terminate as of the date title to the Premises vests in the condemning authority.If a
portion of the Premises is taken by eminent domain,either party shall have the right toterminatethisLeaseasofthedateoftitletransfer,by giving 30 calendar days’written
LEASE AGREEMENT AT BLUE BOY —Page 9
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 43
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
notice to the other party.In the event of any taking under the power of eminent domain,Tenant shall not be entitled to any portion of the reward paid for the taking and City shallreceivefullamountofsuchaward.Tenant hereby expressly waives any right or claim toanyportionofalldamageawards,whether awarded as compensation for diminution invalueoftheleaseholdorthefeeofthePremises.Tenant shall have the right to claim andrecoverfromthecondemningauthority,but not from City,such compensation as may beseparatelyawardedorrecoverablebyTenantonaccountofanyandalldamagetoTenant’s business and any costs or expenses incurred by Tenant in moving/removing itsequipment,personal property,and Improvements.
21.nit.
21.1 Disclaimer of Liability.Except for the negligence or willful misconduct
of City,City shall not at any time be liable for injury or damage occurring to any person
or property from any cause whatsoever arising out of Tenant’s construction,maintenance,repair,use,operation,condition or dismantling of the Property,thePremises,and any Improvements made by Tenant.
21.2 Indemnification.Tenant shall,at its sole cost and expense,indemnify
and hold harmless City and all associated,affiliated,allied and subsidiary entities of City,
now existing or hereinafter created,and their respective officers,boards,commissions,
employees,agents,attorneys,and contractors (“Indemnitees”),from and against:
(a)Any and all liability,obligation,damages,penalties,claims,
liens,costs,charges,losses and expenses (including,without limitation,reasonable feesandexpensesofattorneys,expert witnesses and consultants),which may be imposed
upon,incurred by or be asserted against the Indemnitees by reason of any act or omission
of Tenant,its personnel,employees,agents,contractors or subcontractors,resulting inpersonalinjury,bodily injury,sickness,disease or death to any person or damage to,loss
of or destruction of tangible or intangible property,libel,slander,invasion of privacy,andunauthorizeduseofanytrademark,trade name,copyright,patent,service mark or anyotherrightofanyperson,firm or corporation,which may arise out of or be in any wayconnectedwiththeconstruction,installation,operation,maintenance,use or condition ofTenant’s Improvements,Tenant’s use of the Premises,or Tenant’s failure to comply with
any federal,state or local statute,ordinance or regulation.
(b)Any and all liabilities,obligations,damages,penalties,claims,
liens,costs,charges,losses and expenses (including,without limitation,reasonable fees
and expenses of attorneys,expert witnesses and other consultants),which are imposed
upon,incurred by or asserted against the Indemnitees by reason of any claim or lien
arising out of work,labor,materials or supplies provided by or supplied to Tenant,itscontractorsorsubcontractors,for the installation,construction,operation,maintenance or
use of the Premises and Tenant’s Improvements.Tenant shall cause such claim or lien
covering City’s Property to be discharged or bonded per the requirements in Section 8.3.
(c)Notwithstanding the foregoing,Tenant shall not indemnify,
defend or hold harmless City for any liabilities,obligations,damages,penalties,claims,
liens,costs,charges,losses or expenses (including,without limitation,reasonable fees
LEASE AGREEMENT AT BLUE BOY -Page 10
(City:City of Kent;Tenant:Spnnt)(2018)
7.a
Packet Pg. 44
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
and expenses of attorneys,expert witnesses and other consultants),arising out of the
City’s negligence or willful misconduct.
21.3 Assumption of Risk.Tenant undertakes and assumes for its officers,agents,affiliates,contractors and subcontractors and employees all risk of dangerous
conditions,if any,on or about the Property,the Premises.Tenant’s assumption of risk
shall not apply to any latent defects or other dangerous situations,if City knows or should
know that defect or situation exists but has not disclosed that information to Tenant.
21.4 Defense of Indemnitees.In the event any action or proceeding isbroughtagainsttheIndemniteesbyreasonofanymatterforwhichtheIndemniteesare
indemnified hereunder,Tenant shall,upon notice from any of the Indemnitees,at Tenant’s
sole cost and expense,diligently resist and defend the same;provided,however,thatTenantshallnotadmitliabilityinanysuchmatteronbehalfoftheIndemniteeswithoutthewrittenconsentofCityandprovidedfurtherthatIndemniteesshallnotadmitliability
for,nor enter into any compromise or settlement of,any claim for which they are
indemnified hereunder,without the prior written consent of Tenant.
21.5 Notice,Cooperation and Expenses.City shall give Tenant prompt
notice of the making of any claim or the commencement of any action,suit or otherproceedingcoveredbytheprovisionsofthisSection21.Nothing herein shall prevent
City from cooperating with Tenant and participating in the defense of any litigation by
City’s attorney,so long as the participation is coordinated with Tenant’s attorney.Tenant
shall pay all expenses incurred by City in response to any such actions,suits orproceedings.These expenses shall include all out-of-pocket expenses,such as thereasonablevalueofanyservicesrenderedbyCity’s attorney;the actual expenses of
City’s agents,employees,or expert witnesses;and disbursements and liabilities
assumed by City in connection with such suits,actions or proceedings.Provided,
however,these expenses shall not include attorneys’fees for services that are
unnecessarily duplicative of services provided to City by Tenant.
22.Insurance.Tenant agrees to comply with the insurance requirements ofExhibitEatalltimesduringthetermofthisLease.Any payment of deductible or self-
insured retention shall be the sole responsibility of the Tenant.
23.Hazardous Substance Indemnification.Tenant represents and warrants that
its use of the Premises will not generate any hazardous substance,and it will not
negligently or intentionally store,or dispose,or transport over the Premises anyhazardoussubstanceinviolationofanyfederalorstatelaw.Tenant further agrees to hold
City harmless from and indemnify City against any release of any such hazardous
substance and any damage,loss,or expense or liability resulting from such release
including all reasonable attorneys’fees,costs and penalties incurred as a result thereof
except any release caused by the negligence or willful misconduct of City,its employees oragents.Similarly,City warrants that the Premises is free of any hazardous substances andagreestoindemnifyandholdTenantharmlessfromtheCity’s negligent or intentional
introduction of any hazardous substance by City.“Hazardous substance”shall beinterpretedbroadlytomeananysubstanceormaterialdefinedordesignatedashazardous
or toxic waste,hazardous or toxic material,hazardous or toxic or radioactive substance,
LEASE AGREEMENTAT BLUE BOY-Page ii.
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 45
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
or other similar term by any federal,state or local environmental law,regulation or rule
presently in effect or promulgated in the future,as such laws,regulations or rules may be
amended from time to time;and it shall be interpreted to include,but not be limited to,
any substance which after release into the environment will or may reasonably be
anticipated to cause sickness,death or disease.
24.Holding Over.Any holding over after the expiration of the Term of this Lease,
with the consent of the City,shall be construed to be a tenancy from month to month and
Tenant shall pay rent at lZ5%the Monthly Rent but shall otherwise be on the same terms
and conditions herein specified,so far as applicable.
25.Subordination to Mortgage.Any mortgage now or subsequently placed upon
the Property of which the Premises are a part will be prior in time and senior to the rights
of Tenant under this Lease.Tenant subordinates all of its interest in the leasehold estate
created by this Lease to the lien of any such mortgage.Tenant shall,at City’s request,
execute any additional documents reasonably necessary to indicate this subordination
within 30 calendar days of written request by City;provided that such documents include
provisions by which City’s mortgagees agree that Tenant’s use and quiet enjoyment of the
Premises will not be disturbed so long as Tenant is not in default under this Lease beyond
all applicable notice and cure periods.
26.Acceptance of Premises.With the exception of latent defects and any
hazardous substance contamination existing prior to the Commencement Date,by taking
possession of the Premises,Tenant accepts the Premises “AS-IS,”in the condition existing
as of the Commencement Date.City makes no representation or warranty with respect to
the condition of the Premises,or their fitness for any of Tenant’s intended uses thereof.
27.Estoppel Certificate.Tenant shall,at any time and from time to time upon not
less than 30 calendar days’prior request by City,deliver to City a statement in writing
certifying that (a)the Lease is unmodified and in full force (or if there have been
modifications,that the Lease is in full force as modified and identify the modifications);
(b)the dates on which rent and other charges have been paid;(c)so far as the person
making the certificate knows,City is not in default under any provisions of the Lease;and
(d)any other matters as City may reasonably request.
28.Notices.All notices,requests,demands,and other communications required
to be sent pursuant to this Lease shall be in writing and shall be deemed given if mailed,
certified mail,return receipt requested,or by a nationally recognized courier service,to
the following addresses:
If to City,to:Public Works Department,Attn:Water System Manager
City of Kent
220 Fourth Avenue South
Kent,WA 98032
With a copy to:City Clerk City of Kent
220 Fourth Avenue South
Kent,WA 98032
LEASE AGREEMENT AT BLUE BOY -Page 12
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 46
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
If to Tenant,to:Sprint Property Services
Sprint Site ID:SE6OXC3O2
Mailstop:KSOPHTO1O1-Z2650
6391 Sprint Parkway
Overland Park,KS 66251-2650
With a copy to:Sprint Property Services
Sprint Site ID:SE6OXC3O2
Mailstop:KSOPHTO1O1-Z2020
6391 Sprint Parkway
Overland Park,KS 66251-Z2020
Attn:Real Estate Attorney
29.Assignment.
29.1 Tenant shall not assign its interest in this Lease without City’s prior
written consent,which will not be unreasonably withheld.Consent by City to any
assignment shall not constitute a waiver of the necessity of such consent to any
subsequent assignment.This prohibition against any assignment shall be construed to
include a prohibition against any subletting or assignment by operation of law.If this
Lease is assigned,City may collect rent from the assignee,and apply the net amount
collected to the rent and other obligations of Tenant hereunder reserved.Consent by City
to an assignment shall not be deemed a waiver or release of Tenant from the further
performance by Tenant of the covenants on the part of Tenant hereunder contained.
29.2 If Tenant is a corporation,partnership,or limited liability company,
and if the control thereof changes at any time during the term of this Lease,then City at
its option may,by giving 10 business days’prior written notice to Tenant,declare such
change a breach of this section unless City has previously approved in writing the new
controlling party or unless City’s approval is not required pursuant to Section 29.4.
29.3 Any person or entity to which this Lease is assigned pursuant to the
provisions of the Bankruptcy Code,11 USC §101,et seq.,shall be deemed without further
act to have assumed all of the obligations of Tenant arising under this Lease on and after
the date of such assignment.Any such assignee shall,upon demand,execute and deliver
to City an instrument confirming such assumption,Any monies or other considerations
payable or otherwise to be delivered in connection with such assignment shall be paid to
City,shall be the exclusive property of City,and shall not constitute property of Tenant or
of the estate of Tenant within the meaning of the Bankruptcy Code.Any monies or other
considerations constituting City’s property under the preceding sentence not paid or
delivered to City shall be held in trust for the benefit of City and be promptly paid to City.
29.4 Notwithstanding anything to the contrary in this Lease,Tenant shall
have the right to assign this Lease without City’s consent to any of Tenant’s partners or
affiliates,provided Tenant notifies City within 30 calendar days of such assignment.
LEASE AGREEMENT AT BLUE BOY —Page 13
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 47
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
30.Successors and Assigns.This Lease shall run with the land and be binding
upon and inure to the benefit of the parties,their respective successors,personal
representatives and assigns.
31.Non-Waiver.Failure of either party to insist on strict performance of any of
the conditions,covenants,terms or provisions of this Lease or to exercise any of its rights
hereunder shall not waive such rights,but such party shall have the rights to enforce such
rights at any time and take such action as might be lawful or authorized hereunder,either
in law or equity.The receipt of any sum paid by Tenant to City after a breach of this Lease
shall not be deemed a waiver of such breach unless expressly set forth in writing.
32.Taxes.
32.1 Tenant shall pay all real and personal property taxes (or payments in
lieu of taxes)and assessments for the Premises that are directly the result of tenant’s
wireless communications facilities,if any,which become due and payable during the term
of this Lease.All such payments shall be made,and evidence of all such payments shall
be provided to City,at least 10 calendar days prior to the delinquency date of the
payment.Tenant shall pay all taxes on its personal property on the Premises.
32.2 Tenant shall indemnify City from any and all liability,obHgation,
damages,penalties,claims,liens,costs,charges,losses and expenses (including,without
limitation,reasonable fees and expenses of attorneys,expert witnesses and consultants),
which may be imposed upon,incurred by or be asserted against Tenant in relation to the
taxes owed or assessed on Tenant’s Property on the Premises.
32.3 If the methods of taxation in effect at the Commencement Date of the
Lease are altered so that in lieu of or as a substitute for any portion of the property taxes
and special assessments now imposed on property there is imposed a tax upon or against
the rentals payable by Tenant to City,Tenant shall pay those amounts in the same
manner as provided for the payment of real and personal property taxes.
33.Miscellaneous.
33.1 City and Tenant represent that each,respectively,has full right,
power,and authority to execute this Lease.
33.2 This Lease constitutes the entire agreement and understanding of the
parties and supersedes all offers,negotiations,and other agreements of any kind.There
are no representations or understandings of any kind not set forth herein.Any
modification of or amendment to this Lease must be in writing and executed by both
parties.
33.3 This Lease shall be construed in accordance with the laws of the State
of Washington.Venue and jurisdiction of any lawsuit arising out of the performance or
obligations of this lease shall be in the King County Superior Court,Kent Regional Justice
LEASE AGREEMENT AT BLUE BOY -Page 14
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 48
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
Center,Kent,Washington.In the event of claim or litigation to enforce any terms of this
Lease,each Party shall be responsible for its own legal costs and attorney fees except as
noted in Section 21.
33.4 If any term of this Lease is found to be void or invalid,such invalidity
shall not affect the remaining terms of this Lease,which shall continue in full force and
effect.
33.5 City covenants that Tenant,on paying the rent and performing the
covenants herein,shall peaceably and quietly have,hold and enjoy the Premises.
33.6 The parties acknowledge that space at the Premises was previously
leased between City and Tenant under the terms and conditions of that certain Lease
Agreement dated July 20,1098,as amended by a Lease Renewal Agreement entered into
on December 22,2003,a Second Lease Renewal entered into on July 9,2009,and a Third
Lease Renewal entered into on December 2,2015 (collectively,the “Prior Lease”).City
and Tenant acknowledge and agree that the Prior Lease is terminated effective as of the
Commencement Date of this Lease,and that thereafter,the terms and conditions of this
Lease shall be the sole instrument governing the leasing of space by Tenant at the
Property.
THIS LEASE IS EXECUTED and shall become effective on the last date indicated
below (the “Effective Date”).If the Effective Date occurs after the Commencement Date,
any act consistent with the authority and obligations described herein that takes place
after the Commencement Date,but prior to the Effective Date,is hereby ratified and
affirmed by the parties to this Lease.
CITY:TENANT:
CITY OF KENT SPRINT SPECTRUM L.P.
By:________________________By:____________________________
Print Name;Dana Ralph Print Name:SIWI€4rttW f?QLl4v Sts.aeg_
Its:Mayor Its;Manaçer.Real Estate
Date;___________________Date:2/39/i0
APPROVED AS TO FORM:
Kent Law Department
P:\Civil\Files\Oeen Files\0663-CeII Site Leases\Sp’nt\BIue Boy\Sprint at Blue Boy.doc
LEASE AGREEMENT AT BLUE BOY —Page 15
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 49
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
STATE OF WASHINGTON
)55.
COUNTYOFKING )
I certify that I know or have satisfactory evidence that Dana Ralph is the
person who appeared before me,and said person acknowledged that she signed this
instrument,on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
_________________________________
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF,I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC,in and for the State
of Washington,residing at
_________
My appointment expires
___________
LEASE AGREEMENT AT BLUE BOY -Page 16
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 50
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
STATE OF KANSAS )
)ss.
COUNTYOFJOHNSON )
Acknowledgment by Corporation
Pursuant to Uniform Acknowledgment Act
-The foregoing instrument was acknowledged before me this <day ofce6{“,201j,by g(n 5fro br on behalf of
SPRINT SP CTRUM L.P.,a Delaware limited partnership.
-Notary Seal Must Appear L4’ithin This Box
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day
and year first above written.
NOTY BUC .Se KsaLkuRiEnDEPpoN (Signature)
MyApptExpires ic’jt7 NOTARY PUBLIC,in and for the State of Kansas,
residing at
My appointment expires S130 (2-Cl-?.-
LEASE AGREEMENT AT BLUE BOY —Page 17
(City:City of Kent;Tenant:Sprint)(2018)
7.a
Packet Pg. 51
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT A
LEGAL DESCRIPTION OF CITY’S PROPERTY
The East 264 feet of the North half of the Northwest quarter of the Southeast quarter of the
Southeast quarter of Section 17,Township 22 North,Range 5 East,W.M..in King County,
Washington:
Together with an easement for roadway purposes over,under and upon the following described
property:
The South 20 feet of the North 155 feet of the North half of the Northwest quarter of the Southeast
quarter of the Southeast quarter of Section 17,Township 22 North,Range 5 East,W.M..in King
County,Washington;
EXCEPT the east 264 feet thereof
Situate in the County of King,State of Washington.
7.a
Packet Pg. 52
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT B
DEPICTION OF PREMISES
THAT PORTION OF THE EAST 264 FEET OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 17,TOWNSHIP 22 NORTH1 RANGE 5 EAST.W.M.,IN KING COUNTY,
WASHINGTON,LYING WITHIN A STRIP OF LAND 9.00 FEET IN WIDTH,6.50 FEET
WESTERLY AND 250 FEET EASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 264 FEET;THENCE
ALONG THE WEST LINE THEREOF,S01°03’ll”W 12400 FEET;THENCE S88°56’49”E
6.50 FEET TO THE POINT OF BEGINNING;THENCE S01°03’ll”W 30.97 FEET TO THE
TERMINUS OF THE HEREIN DESCRIBED CENTERLINE,SAID POINT HEREINAFTER
REFERRED TO AS POINT “A”.
AND A STRIP OF LAND 5.00 FEET IN WIDTH,2.5 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:BEGINNING AT AFORESAID POINT ‘A”;
THENCE S01°03’ll’W 167.02 FEET;THENCE S8839’38”E 119.00 FEET;THENCE
N01°03’l 1”E 51.17 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE,
SAID POINT HEREINAFTER REFERRED TO AS POINT “B”.
AND A STRIP OF LAND 21.00 FEET IN WIDTH,6.00 FEET WESTERLY AND 15.00 FEET
EASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:BEGINNING AT
AFORESAID POINT B”;THENCE N00°02’28”E 30.00 FEET TO THE TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS
REQUIRED TO EXTEND AT ANGLE AND END POINTS.
CONTAINING 2,595 SQUARE FEET,MORE OR LESS.
7.a
Packet Pg. 53
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT C
LEGAL DESCRIPTION OF ACCESS TO PREMISES
THAT PORTION OF THE EAST 264 FEET OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OFSECTION17,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,IN KING COUNTY,
WASHINGTON,LYING WITHIN A STRIP OF LAND 16.00 FEET IN WIDTH,8.00 FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 264 FEET;THENCE
ALONG THE WEST LINE THEREOF,S01°03’ll”W 144.69 FEET TO THE POINT OF
BEGINNING;THENCE S86°43’31”E 94.11 FEET TO A POINT HEREINAFTER REFERRED
TO AS POINT “A”;THENCE CONTINUING S86°43’31”E 2.00 FEET;THENCE S00°02’28”W
100.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “B”;THENCE
CONTINUING S00°02’28’W 23.00 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
AND A STRIP OF LAND 20.00 FEET IN WIDTH,10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:BEGINNING AT AFORESAID POINT “A”;THENCE N00°02’28”E 32.00 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
AND A STRIP OF LAND 46.00 FEET IN WIDTH,23.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:BEGINNING AT AFORESAID POINT “B”;
THENCE 589°57’32”E 53.00 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED ASREQUIREDTOEXTENDATANGLEANDENDPOINTS.
CONTAINING 6,064 SQUARE FEET,MORE OR LESS.
7.a
Packet Pg. 54
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT 0
Existing Installation
7.a
Packet Pg. 55
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
n
U)I2
LU
0
C-)
C-)
LUI
C-)
z
50
-j0
F-c‘°co IflQ-)z
W
CfDwco1JC
z0
H
HOzu,
0-,
3S AV
th
Cl)w
cc
ICC
th
Ui00
C-)
Ui-j
4:
C)
-Jaa
4:
.
LL 8*
Sato bP
Ui0zI
Ui
UiI
U,
C’.’8
z0
F—a
C)
Cl)
Ui0
F-
C-)
LU
0
a-
—--I-I
C—%p
8
I
S
-J
4:>0
aa
4:
Oh
-4’-
cc
I
B
8S
>-
4:
D
U)
H
C-)
Ui
0
U U
Is ‘
4:
UiF
CD2
F--J
D
C,)z00
I!
:::
7.a
Packet Pg. 56
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
ot
,
t
t
o
a
,
•
t
t
5t
S
S
V
t
•
‘U
So
CE
a
o’
r
.0
a
T
(‘
E
C
C
L
‘S
E
S
O
C0
C
•
S
o
o
E
S
[
t
t
E
0
t
E5
0
5
St
L
S
E
L
0
5
0
.
o
.
0
0
0
0
E
L
•
Ct
C
-
—
WE
E
-
S
o
S
o
o
C
L
C0
0
0
t
0
1
5
0
lo
t
S
Sn
2-
S/
S
-
a
Sl
o
/
0
5
0
50
1
5
5
.
GE
N
E
R
A
L
SP
E
C
I
F
I
C
A
T
I
O
N
S
PA
I
N
T
I
N
G
NO
T
E
S
&
SP
E
C
I
F
I
C
A
T
I
O
N
S
ST
R
U
C
T
U
R
A
L
SP
E
C
I
F
I
C
A
T
I
O
N
S
Sp
r
i
n
t
>
15
5
9
5
SE
CO
N
ZE
C
O
IC
oS
I
N
I
G
Y
I5
a
a
S
o
.
a
l
.
s
s
s
t
l
s
a
[
as
-
mc
!
RO
O
F
I
N
G
&
WA
T
E
R
P
R
O
O
F
I
N
G
NO
T
E
S
CI
I
S
t
O
I
I
I
S
S
L
I
L
S
S
S
3/
s
S.
.l
3/
—
C-
SI
S
S
O
SI
S
€
I
S
5
5
5
t
l
I
S
S
S
55
1
_
a
55
o
o
o
a
a
S.
lE
3
5
t
l
S
S
O
1
S
00
0
SO
l
E
S
‘S
I
JI
I
S
E
O
51
5
5
1
55
S
3.
55
5
S
S
l
I
S0
5
5
a
f
l
&
t
C
E
t
S
3
S
.
.
.
SL
I
5
5
S
t
0
0
5
I
aL
L
S
S
x
o
o
Y
l
S
I
t
5
0
0
S
I
5
c
S
•
S5
S
L
55
5
5
1
SL
L
E
L
5
1
5
5
L
L
0
9
oE
t
S
S
S
-
l
-
o
s
c
53
0
5
5
5
50
.
90
/
5
11
5
1
1
5
5
5
1
MO
t
S
I
S
I
S
55
1
55
1
5
0
5
1
50
5
0
5
53
0
5
oo
o
/
O
S
L
I
O
E
L
S
5
5
1
S
1
0
5
0
5
s
1
1
0
I
S
.
1
1
0
_
•
5]
5.
5
1
0
55
5
1
5
5
0
5
so
to
o
l
s
LO
5
1
L
5
5
1
5
5
I
1
1
5
Y
S
*
Y
S
L
•
E
1
0
5
5
0
5
L
t
X
10
1
1
5
1
5
9
5
1
.
12
/
4
/
1
0
[l
.
I
I
I
I
I
I
SP
L
I
N
T
E
R
-
SE
(
O
X
C
10
2
I2
I
S
S
E
I
S
I
I
1
I
p
I
.
Es
P
c
I
F
I
c
A
T
I
o
N
s
&
N(
Y
I
E
T-
2
7.a
Packet Pg. 57
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
2
00
C)
U!I
0
0
*4
—
_7••1
C—
C
4’tk’A SOUThEAST
7.a
Packet Pg. 58
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
0
UJ-J40w
C)
EL
0-4
GE
(3
N’:
/
I I
I I 1
V1
a
t
B
7.a
Packet Pg. 59
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
C
n
p
KiJ
4
LU
C-C <a
A
w-J
ci:
C.-)
(/1
C-)I
a:
C-:
0
0
0
I
/1>
/
I
0
z0
4
C
0
0
4 0
0
0
2
w-J
-ci:
C)
(I)
C--)
1:C
a:
CD.
/
I
/
a
b
.1 —
0
0
7.a
Packet Pg. 60
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
4
0z
0
0
<-
/
z
z4
0
0
p Ii.
x
0
0
0
j
4
z4
U!
p4ThkJ
—
/
4
4
4zz
4
(2
7.a
Packet Pg. 61
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
03
3
N
0
O
41
AD
DL
I
b
I
d
13
3
€
WI
D
O
49
Di
d
LD
3
N
N
0
3
3D
01
3
1
0
1
1
3
3
I•
1
I
4
31
3
r
91
1
3
0
1
3
3
03
1
1
0
0
3
9
S
30
9
0
0
d
3
N
03
9
0
3
1
0
5
39
1
9
30
5
15
9
9
34
1
4
UI
I
i
A
31
91
0
1
3
9
1
1
0
0
3
11
9
9
04
1
4
09
lO
S
90
9
)
0.
3
01
1N
l
0
0
9
3D
01
91
1
1
1
4
01
3
09
3
OI
l
i
l
y
13
9
1
03
1
5
1
3D
O
1
1
13
3
9
5
9
_
a
l
31
!
21
49
92
9
1
3
1
0
3
3
1
91
0
IS
.
‘.
z
1
3
to
5
N
f
l
11
1
CI
?
CI
.
—
3—
I
?
o
c
.
3
5
1
3
n
:1
3
5
0
9
54
9
-3
4
0
_
3
Y
3
h
!
f
l
.5
9
59
•
SO
C
L
51
(
0
C
M
x
1
)
SN
O
J
S
N
S
O
d
I
Q
59
1
57
5
.1
9
3
9
3
7
09
0
5
0
0
5
:0
3
3
5
1
)
y
j
n
M
n
,
35
0
3
3
9
13
0
0
1
3
c-
v
31
9
3
0
ON
1l
V
.
3
0
ON
F
I
N
O
O
M
WI
N
J
L
N
Y
•
nI
l
SI
T
V
.
L
1
U
J.
N
]
[
d
[
:
I
O
1
I_
_
_
_
_
_
_
I
51
)
1
1
6
33
5
iN
A
D
I
94
lO
C
A
l
59
5
92
3
3
I
EO
E
)
X
(
l
Q
i
l
S
31
9
3
0
ON
03
5
0
IO
N
N]
t
N
I
l
d
S
1C
J
31
4
9
0
9
1
9
9
5
0
9
09
1
1
6
4
9
0
31
3
,
9
3
1
3
09
1
1
7
3
5
A
S
31
7
3
0
ON
11
7
0
0
nI
l
09
9
00
9
P
31
4
3
1
1
9
3
0
9
03
1
1
1
4
1
4
0
3
0
16
8
5
0
3
7
3
3
0
0
3
1
31
1
71
0
0
1
1
1
?
ro
d
50
9
3
fl
11
.
3
1
ln
1
3
N
l
f
l
v
l
J
N
w
l
A
l
l
l
J
Th
0
5
3
sq
’
s
HE
.9
1
0
9
’
00
5
33
0
1
3’
i
I
M
W
_
Lp
w
C
ON
19
7
1
3
0
VN
N
3
I
N
V
IJ
N
Y
S
31
ON
03
5
9
1
iO
N
15
5
5
3
-
.-
14
4
4
W4
3
5
4
0
0
)
16
93
0
]
f
l
0
.
3
5
3
S
N
I
A
O
R
L
O
’
]
O
.
.9
9
1
!9
l
l
93
4
.A
c
]
I
N
I
J
N
I
01
01
0
5
1l
O
)
]
2A
O
I
N
I
J
N
I
L<
iu
p
d
s
JL
-.
4
.
-
-
11
1
7.a
Packet Pg. 62
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
I I;
n
•1
a4
I)
I,z
4C0
LIIHId!flo3 DIVSNIISIX]0
Is,
4
Cz
0
4a
0
a
r
u
in
c:zzz:::zzizz ZEJZZ7Z1Z
I;
7.a
Packet Pg. 63
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT E
INSURANCE REQUIREMENTS
Insurance
Tenant shall procure and maintain,for the duration of the Lease,insurance againstclaimsforinjuriestopersonsordamagetopropertywhichmayarisefromorinconnectionwiththeTenant’s operation and use of City of Kent facilities.
A.Minimum Scope of Insurance
Tenant shall obtain insurance of the types described below:
I.Commercial General Liability insurance shall be written onInsuranceServicesOffice(ISO)occurrence form at least as broadasCG0001andshallcoverpremisesliability,contractual liability,
products-completed operations liability,and any person ororganizationactingonthebehalfofTenant.The city of Kent shall
be included as an additional insured on Tenant’s Commercial
General Liability insurance policy using a form at least as broad as
ISO Form CG 20 10,CG 11 85 or both CG 20 10 and CG 20 37formsiflaterrevisionsused.
2.Automobile Liability insurance covering all owned,non-owned,
hired and leased vehicles.Coverage shall be written on Insurance
Services Office (ISO)form or a substitute form providingequivalentliabilitycoverage.If necessary,the policy shall beendorsedtoprovidecontractualliabilitycoverage.
B.Minimum Amounts of Insurance
Tenant shall maintain the following insurance limits:
1.Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence,
$5,000,000 general aggregate.
2.Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of
$5,000,000 per accident.
The coverage amounts set forth may be met by a combination of underlying and
umbrella policies so long as in combination the limits equal or exceed those stated.
C.Other Insurance Provisions
The insurance policies are to contain,or be endorsed to contain,the followingprovisionsforCommercialGeneralLiabilityinsurance:
7.a
Packet Pg. 64
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
EXHIBIT E (Continued)
1.Tenant’s insurance coverage shall be primary insurance withrespecttothecityofKent.Any Insurance or self-insurance
coverage maintained by the city of Kent shall be excess of theTenant’s insurance and shall not contribute with it.
2.2.The insurance carrier will provide a 30 day written notice of
cancellation,10 days for non-payment of premium,to the
certificate holder.
3.Tenant’s insurance coverage shall be written on an Occurrence
basis only.Claims made coverage is not acceptable.
D.Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M.Best rating of not lessthanA-,VII.
F.Verification of Coverage
Tenant shall furnish the City with original certificates and a copy of the additionalinsuredendorsement,evidencing the insurance requirements of the Tenant.CityshallbenamedasanAdditionalInsured.
F.Contractors
Tenant agrees to ensure all Contractors,sub-Contractors,Consultants or otherpartiesutilizedbyTenanttoperformworkoncityofKentpropertyarefullyinsuredtotheextentofcoveragespecifiedinthisLease.
G.Waiver of Subrogation
Tenant 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 Tenant’s Improvements.This release
shall apply only to the extent that such claim,loss or liability is covered by
insurance.
K.City’s Property Insurance
City shall purchase and maintain during the term of the lease,all-risk property
insurance covering all applicable city of Kent property.
7.a
Packet Pg. 65
At
t
a
c
h
m
e
n
t
:
7
-
E
x
h
i
b
i
t
S
p
r
i
n
t
L
e
a
s
e
A
g
r
e
e
m
e
n
t
(
1
6
7
7
:
S
p
r
i
n
t
S
p
e
c
t
r
u
m
L
.
P
.
L
e
a
s
e
A
g
r
e
e
m
e
n
t
)
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: Lower Russell Levee Project – Amendment to an Existing
Interlocal Agreement between the City of Kent and the King
County Flood Control District Regarding Property Acquisitions
MOTION: Recommend Council authorize the Mayor to sign an amendment
to the Interlocal Agreement between the City of Kent and the King County
Flood Control District regarding Property Acquisitions for the Lower Russell
Levee Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Lower Russell Levee Project (“Project”) is located on the right
bank of the Green River between S. 212th St. and Veteran’s Way. The Project,
which is being managed by the King County Flood Control District (District),
includes habitat and trail improvements, relocation of Van Doren’s Park, and levee
reconstruction to the 500-yr flood protection level. Construction will begin in 2019.
On May 17, 2018, the City and the District entered into an Interlocal Agreement
(ILA) for the City to purchase property and provide the District with easements for
river bank protection in addition to similar easements on several other properties
previously purchased by the City along Russell Road. Per the ILA, the District will
reimburse the City for expenses related to these property purchases.
On March 6, 2019, the District Board of Supervisors approved an amendment to the
ILA due to increased land values and construction costs. The amendment increases
the amount of funding provided by the District to reimburse the City for work
related to the property exchange with the KOA Campground. The amendment also
includes a provision to pay for waterline replacement through the existing KOA
Campground, which will become City-owned property.
BUDGET IMPACT: Expenses will be reimbursed by the King County Flood Control
District.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. 8 - Exhibit Amendment No. 1 (PDF)
8
Packet Pg. 66
FCD2019-03
AMENDMENT NO. 1 TO AGREEMENT
REGARDING PROPERTY ACQUISITION - 1
Lower Russell Road Levee Setback Project – River Mile 17.85 to 19.25, Right Bank
AMENDMENT NO. 1
TO
AGREEMENT REGARDING PROPERTY ACQUISITION
Lower Russell Road Levee Setback Project
River Mile 17.85 to 19.25, Right Bank
THIS AMENDMENT NO. 1 TO AGREEMENT REGARDING PROPERTY
ACQUISITION (“Amendment No. 1”) related to the Lower Russell Road Levee, River Mile 17.85
to 19.25, Right Bank, is entered into on the last date signed below by and between the CITY OF
KENT, a Washington municipal corporation (“City”), and KING COUNTY FLOOD CONTROL
ZONE DISTRICT, a special purpose district of the State of Washington (“District”) (collectively,
the “Parties”).
I. RECITALS
A. The Parties entered into an Agreement Regarding Property Acquisition on May 17,
2018 (“Agreement”), concerning acquisition of the Suh Properties and a portion of the KOA
Campground Property (“KOA Property”) in support of the project to improve the Lower Russell
Road Levee from River Mile 17.85 to 19.25 (“Project”). The Suh Properties have already been
acquired under the District’s authorization of a purchase price of $55,000, and efforts to acquire a
portion of the KOA Property are continuing.
B. The Agreement authorized the City to acquire a portion of the KOA Property under
threat of condemnation or through a land exchange transaction whereby the City would transfer a
portion of its Green River Natural Resource Area (“GRNRA”) Property in exchange for that portion
of the KOA Property that is needed for the Project. The Agreement provided that the City could not
proceed with the land exchange option unless the District first approved of the size and location of
the GRNRA Property proposed to be transferred to the KOA (“Transferred Property”), approved of
the reimbursement costs to be paid for KOA’s construction of replacement camping sites on the
Transferred Property, and determined that acquiring the KOA Property through a land exchange
with the City was cost effective for the District.
C. The total cost of the property exchange, based on the cost estimate submitted by KOA
on September 4, 2018, shows the City will be required to reimburse expenses to complete
construction of the replacement campground sites above the amount provided for in the Agreement.
D. Construction of the Project will require relocation of the City’s existing waterline into
a portion of the KOA Property and across the GRNRA Property. The City is pursuing an easement
from KOA to accommodate the waterline’s relocation and later access and maintenance. The
waterline is intended to be constructed under or adjacent to a new internal access road KOA intends
to construct. However, while the waterline is being relocated, KOA will be denied access to this
portion of its property, which impacts a number of its campsites. Therefore, timing of the waterline’s
relocation and construction will become critically important if it needs to occur prior to full
construction and operation of the replacement camping sites on the Transferred Property. If the
8.a
Packet Pg. 67
At
t
a
c
h
m
e
n
t
:
8
-
E
x
h
i
b
i
t
A
m
e
n
d
m
e
n
t
N
o
.
1
(
1
6
7
8
:
L
o
w
e
r
R
u
s
s
e
l
l
L
e
v
e
e
P
r
o
j
e
c
t
–
A
m
e
n
d
m
e
n
t
t
o
a
n
E
x
i
s
t
i
n
g
I
n
t
e
r
l
o
c
a
l
A
g
r
e
e
m
e
n
t
b
e
t
w
e
e
n
t
h
e
AMENDMENT NO. 1 TO AGREEMENT
REGARDING PROPERTY ACQUISITION - 2
Lower Russell Road Levee Setback Project – River Mile 17.85 to 19.25, Right Bank
District begins construction on the relocated waterline before the replacement camping sites are
available for use on the Transferred Property, and that construction disrupts or otherwise interferes
with access and KOA’s ability to rent campsites in the Acquisition Area or the Easement Area, as
those terms are defined in the Land Exchange Agreement, the District will be liable to KOA for
revenue loss, which loss will be calculated as provided for in the Land Exchange Agreement entered
into between the City and KOA and approved by the District.
E. The District has compared and contrasted the costs associated with acquiring the
needed KOA Property under condemnation versus through the negotiated Land Exchange
Agreement. The District has determined that it is cost effective for the District if the City proceeds
with the land exchange, and the District approves and authorizes the City to proceed with the
transaction as provided for in the Land Exchange Agreement. The District further approves of the
size and location of Transferred Property and the estimated construction costs set forth by the KOA
in its September 4, 2018, cost estimate.
F. The Agreement provided that the District would reimburse the City for all of its costs
and expenses incurred in acquiring the needed real property and real property interests to support the
Project. However, the maximum reimbursement amount authorized by the Agreement was $700,000,
which is an amount that is below the updated cost based on the cost estimate provided by the KOA
on September 4, 2018. It is therefore appropriate to amend the Agreement to adjust the authorized
budget associated with acquiring the needed KOA Property to account for these current and future
expenses.
II. AMENDMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the
parties and other good and valuable consideration, City and Consultant agree as follows:
2.1 Recitals Incorporated. All recitals above are hereby incorporated in and ratified as
part of this Amendment No. 1.
2.2 Land Exchange is Preferred Option and Cost Effective. The District has compared
and contrasted the costs associated with acquiring the needed KOA Property under condemnation or
through the negotiated Land Exchange Agreement. The District has determined that it is cost
effective for the District if the City proceeds with the land exchange originally contemplated by the
Agreement, and the District approves and authorizes the City to proceed with the transaction as
provided for in the City’s Land Exchange Agreement with the KOA. The District further approves of
the size and location of Transferred Property and the estimated construction costs set forth by the
KOA in its September 4, 2018, cost estimate.
2.3 Maximum Reimbursement for City Costs. Section 3.b. of the Agreement is amended
to increase the maximum reimbursement for City Costs from $700,000 to $1,100,000, which amount
is intended to cover those City Costs associated with reimbursing KOA for its permitting,
administration, legal and construction costs associated with constructing the replacement campsites
on the Transferred Property in accordance with the Land Exchange Agreement between the City and
8.a
Packet Pg. 68
At
t
a
c
h
m
e
n
t
:
8
-
E
x
h
i
b
i
t
A
m
e
n
d
m
e
n
t
N
o
.
1
(
1
6
7
8
:
L
o
w
e
r
R
u
s
s
e
l
l
L
e
v
e
e
P
r
o
j
e
c
t
–
A
m
e
n
d
m
e
n
t
t
o
a
n
E
x
i
s
t
i
n
g
I
n
t
e
r
l
o
c
a
l
A
g
r
e
e
m
e
n
t
b
e
t
w
e
e
n
t
h
e
AMENDMENT NO. 1 TO AGREEMENT
REGARDING PROPERTY ACQUISITION - 3
Lower Russell Road Levee Setback Project – River Mile 17.85 to 19.25, Right Bank
KOA, and reimbursing the City for all costs directly associated with the administration and
implementation of this Agreement as amended in this Amendment, including all legal and other
costs associated with acquiring the real property and real property interests required for the Project
and authorized by the Agreement.
2.4 Waterline Construction. The District agrees that its construction of the Project will
require relocation of the City’s existing waterline. The District agrees to relocate and construct this
waterline at its cost and to time that relocation in a manner that reduces the impact to KOA and, if
possible, avoids the closure of the internal access road or any KOA campsites before the
replacement campsites are constructed on the Transferred Property. If the District’s construction
schedule requires the use of KOA Property and the closure of the internal access road or campsites
in the Acquisition Area or Easement Area (as those terms are defined in the Land Exchange
Agreement) before replacement campsites are constructed upon the Transferred Property, the
District agrees to promptly reimburse the City for any Closure Costs paid to the KOA under the
Land Exchange Agreement.
2.5 Remaining Provisions. Except as specifically amended by this Amendment No. 1, all
remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS, the parties have executed this Amendment No. 1, which shall become
effective on the last date executed below.
KING COUNTY FLOOD CONTROL CITY OF KENT:
ZONE DISTRICT
By: By:
Print Name: Reagan Dunn Print Name: Dana Ralph
Title: Board Chair Title: Mayor
Date: Date:
APPROVED AS TO FORM: ATTEST:
District Attorney City Clerk
APPROVED AS TO FORM:
City Attorney
8.a
Packet Pg. 69
At
t
a
c
h
m
e
n
t
:
8
-
E
x
h
i
b
i
t
A
m
e
n
d
m
e
n
t
N
o
.
1
(
1
6
7
8
:
L
o
w
e
r
R
u
s
s
e
l
l
L
e
v
e
e
P
r
o
j
e
c
t
–
A
m
e
n
d
m
e
n
t
t
o
a
n
E
x
i
s
t
i
n
g
I
n
t
e
r
l
o
c
a
l
A
g
r
e
e
m
e
n
t
b
e
t
w
e
e
n
t
h
e
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: Info Only - 2020-2025 Transportation Improvement Program
(TIP) - Update
SUMMARY: The Draft 2020-2025 Six-Year TIP represents the City’s proposed
transportation improvement work program for the next six years. Per RCW
35.77.010, the six-year plan for each city shall specifically set forth those projects
and programs of regional significance for inclusion in the transportation
improvement program within that region. The program is also required to be
consistent with the Kent Comprehensive Plan.
Including projects in the Six-Year TIP allows the City to search for funding partners
and apply for grants. Most State and Federal agencies require that projects being
submitted for grants be included in the City’s adopted Six-Year TIP.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Community,
Sustainable Services
ATTACHMENTS:
1. 9 - Exhibit TIP Projects 2020-2025 (PDF)
9
Packet Pg. 70
RentonSeaTac
Auburn
Legend
Interstate
State Ro ute
Ro ads
Rivers and Lakes
0 0.45 0.9
Mile
®
Revised March 7, 2019
City of KentPotential 2020 - 2025 Transportation Improvement Program Projects
The City of Kent ("City") reasonably believes that making this information available for your inspection is not an infringement or other violation of any intellectual property rights. To the extent copyright in saidinformation is held by the City you are hereby permitted by the City to copy, distribute, and otherwise use the information with one exception. No oneis permitted to sell this information except in accordance with a written agreement with the City.
Citywide Projects are not depicted on this map.
TIP Projects
9.a
Packet Pg. 71
At
t
a
c
h
m
e
n
t
:
9
-
E
x
h
i
b
i
t
T
I
P
P
r
o
j
e
c
t
s
2
0
2
0
-
2
0
2
5
(
1
6
8
0
:
I
n
f
o
O
n
l
y
-
2
0
2
0
-
2
0
2
5
T
r
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: Info Only - Sound Transit Access Fund Grant Applications
Update
SUMMARY: Applications for the Sound Transit Access Program grant are due on
April 12, 2019. The grant is a part of the ST3 System Access Program. The
competitive grant is an opportunity for capital, operation, technology and
transportation demand management (TDM) projects with a clear nexus to Sound
Transit Centers. Eligible project types are as follows:
Safe Sidewalks
Protected Bike Lanes
Shared Use Paths
Improved Bus-Rail Integration
New Pick-up and Drop-off Areas.
The grant provides up to $10 million for projects in the South King subarea
between 2019-2020. Sponsors may submit up to 2 projects with preliminary
engineering and construction phases eligible and no local match required. Eligible
sponsors include Cities, King County Roads, and King County Metro.
Public Works staff in coordination with staff from Economic and Community
Development and the Kent Bicycle Advisory Board (KBAB) developed 6 potential
projects for the grant opportunity. The City of Kent is limited to 2 applications. The
projects are as follows:
Lighting & Pedestrian Wayfinding on W James Street and W Smith Street
between the Lincoln Park & Ride and Kent Sounder Station
James Street Bicycle and Pedestrian Improvements – 3rd Ave to BNSF
S 240th Street from SR 99 to 30th Avenue S Pedestrian Improvements
Pedestrian Crossing on W James Street at 2nd Avenue N
Smart Bike Parking
S 272nd Street Pedestrian Improvements – Southbound I-5 off-ramp to
Military Road S
Staff submitted screening forms for the 6 potential projects on Monday, March 11,
2018. An eligibility determination is expected from Sound Transit on Monday, March
18, 2018. In addition to these 6 projects, Kent could potentially partner with other
cities, the county or King County Metro on additional projects.
10
Packet Pg. 72
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
10
Packet Pg. 73
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: Info Only - Pothole and Clean Up Report
SUMMARY: The fall/winter season(s) of 2018/2019 has taken a toll on the City’s
roadway network. In February, the region experienced a snow event that lasted
nearly two weeks. We have been fortunate for the last few years with more minor
events. Following the two weeks of snow this year, there were several days of
freeze/thaw cycles. The thaw cycles are very devastating to the pavement condition
as discussed further below.
The wet fall/winter/spring weather is ‘pothole season’ for Public Works Street
Maintenance staff. The primary cause of potholes is rain water precipitation
penetrating cracked pavement and soil layers below the pavement. As traffic,
especially heavy trucks, continue to travel across these compromised pavement
areas, the pavement cracks continue to widen until pieces of asphalt are dislodged,
resulting in a pothole. In many areas of degraded pavement, entire sections or
lanes become like alligator skin. This is the sign of a roadway about to completely
fail. Pothole repairs become fruitless.
An increased volume of potholes occurs during times of freeze/thaw cycles with the
addition of moisture. Much of the moisture in February was the result of melting
snow/ice. In the northwest this is usually followed by rain. The moisture in the
pavement cracks, or subsurface soil layers, freezes during freezing cycles. As the
moisture expands, the cracks present in the pavement widen. As the thaw occurs,
the moisture between the pavement cracks melts and pieces of asphalt dislodge.
Frozen subsurface soil thaws causing soft spots under the pavement. These soft
spots are commonly referred to as frost boils.
Weight restrictions during the late winter/spring seasons are implemented in some
areas to preserve those roads from premature degradation. This is common in
Eastern Washington during the thaw months. In Kent this would be very difficult to
put into effect given the 24/7, around the clock nature of our manufacturing and
warehousing businesses. Keeping the roads open during the thaw cycles comes
with a significant cost however with the added costs of repairing these degraded
roads.
Staff will provide a presentation on the condition of our road network and the
challenges of filling potholes as they develop. Staff will also give a quick update on
the removal of sand from our streets and sidewalks.
11
Packet Pg. 74
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
11
Packet Pg. 75
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 18, 2019
TO: Public Works Committee
SUBJECT: Info Only - Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zones to include:
Status of the Federal Railroad Grade Crossing Inventory update. These forms are
required to be up to date for each crossing in a Quiet Zone.
Union Pacific Railroad: Staff will report on the progress of the discussions with the
Washington State Department of Transportation for a maintenance agreement
regarding the Willis Street crossing.
BNSF Railway: Staff will report on the progress of preparing the application to the
Federal Railroad Administration for the establishment of a Quiet Zone.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
12
Packet Pg. 76