HomeMy WebLinkAboutCAG2021-166 - Original - King County - Kent Repeater Communications Site Sublease and Access Agreement - 04/16/2021Agreement Routing Form
KENT For Approvals, Signatures and Records Management
wa s H I N Gr o n Thlrforr aomblner& replacerthe Requestfor Mayot's Signatureand ContlactCover Sheetforms.
(Print on pink or cherry colored paper)
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Originator:Cheryl Rolcik-Wilcox Department:Public Works
Date Sent:3/Le/21 Date Required:3/26/2r
Authorized
toSign:
Director or Designee
Mayor
Date of
Council
Approval:
4/20L6
Budget
Account
Number:
Grant?
Type:
Yes No
N/A
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Vendor
Name:King County Category:Lease
Vendor
Number:
Sub-Category Other
Project
Name:PSERN Sublease at 3.5 Million Gallon Tank
Project
Details:sublease(authorized by prime lease) of PSERN space leased from the city
Agreement
Amount:
$0.00
Basis for
Selection of
Controctor:
Start Date:Date last signed bY both Pa Termination Date:5 years
Notice required prior to
disclosure?
Yes No Contract Number:
Comments:
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Dote Received by CitY AttorneY:
March 19,2021
Date Routed to the Mayor's Office:
Date Routed to the City Clerk's Office:
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o&Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
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King County
Facilities Management Division
MEMORANDUM
Date: April 18, 2021
To: Cheryl Rolcik-Wilcox, Property & Acquisition Analyst, Public Works, City of Kent
From: Gail Houser, Special Project Manager/PSERN, FMD, King County
Subject: Communications Site Sublease and Access Agreement ("Suble s ") — Kent Repeater
EXECUTED: Kent Repeater City of Kent Sublease
For your records, enclosed is a fully -executed sublease between King County and the City of
Kent for the Kent Repeater Communications Site.
Adrian Englet, King County's PSERN Site Development Supervisor will be the City of Kent's point
of contact for scheduling and starting the City's installation work provided under the sublease.
Adrian's contact information is:
Adrian Englet
Work Phone: (206) 477-1041
Mobile Phone: (425) 922-5212
Email: adrian.englet@kingcounty.gov
Cheryl, thanks for both you and your team's work on the sublease. If you have any questions,
you can contact me while we work from home on my mobile @ (206) 300-9686.
enclosures: Kent Repeater City of Kent Sublease (1 Fully -Executed Sublease)
cc: Adrian Englet, King County/PSERN Site Development Supervisor
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
COMMUNICATIONS SITE SUBLEASE AND ACCESS AGREEMENT
BETWEEN KING COUNTY
AND
CITY OF KENT
THIS COMMUNICATIONS SITE SUBLEASE AND ACCESS AGREEMENT ("Sublease")
is made by and between KING COUNTY, a political subdivision of the State of Washington, having offices
for the transaction of business at 500 Fourth Avenue, Suite 830, Seattle, Washington 98104, hereinafter
referred to as "Sublessor," and the CITY OF KENT, a Washington municipal corporation, having offices for
the transaction of business at 220 Fourth Avenue South, Kent, Washington 98032, hereinafter referred to as
"Sublessee." Sublessor and Sublessee may jointly be referred to herein as the "Parties" or individually, a
"Party." The "Effective Date" of this Sublease shall be the last date signed by an authorized Party
representative.
WHEREAS, Sublessor is the owner of certain emergency communication facilities on, and has
lawful control over a portion of the real property located at 12523 SE 286' Place, Auburn, Washington,
which real property is legally described on the attached Exhibit A ("Property"); and
WHEREAS, Sublessee desires to sublease from Sublessor a portion of Sublessor's Site (defined in
Section 1(a)) to install, operate and maintain a communication facility and associated equipment, as well as
obtain the right from Sublessor to access the Site and install utilities in conjunction therewith; and
WHEREAS, the Site is used by Sublessor for emergency radio communications and Sublessee's use
of the Site is not anticipated to interfere with that use.
NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter and as
provided for in the above -referenced recitals, which are made a part of this Sublease, the Parties do hereby
agree:
1. PREMISES.
(a) Pursuant to that certain Lease Agreement fully executed on July 27, 2017, as may have been
amended (collectively, the "Prime Lease"), a copy of which is attached hereto as Exhibit E, Sublessor leases
a portion of the Property from the City of Kent, the owner of the Property ("Owner"), for the installation
and operation of Sublessor's communication facilities, including but not limited to an equipment shelter
("Shelter"). Sublessor's leased area, which is described and/or depicted in Esliibit A, together with its
Shelter, are collectively referred to herein as the "Site."
(b) Sublessor hereby subleases to Sublessee space for three (3) equipment racks within the
Shelter, as more specifically described and/or depicted on the attached Exhibit B ("Premises"). The
Premises shall be used by Sublessee exclusively for placement of its Equipment (defined in Section 4). In
addition, Sublessor hereby grants Sublessee the non-exclusive right to use Sublessor's electricity service,
including but not limited to backup power from Sublessor's existing generator.
(c) THE PARTIES ACKNOWLEDGE AND AGREE THAT FOR ALL PURPOSES AND
IN ALL RESPECTS, THIS SUBLEASE IS SUBJECT AND SUBORDINATE TO THE TERMS,
COVENANTS AND CONDITIONS OF THE PRIME LEASE AND THAT IN THE EVENT OF A
CONFLICT BETWEEN THE PRIME LEASE AND THIS SUBLEASE, THE PRIME LEASE SHALL
CONTROL. THE PARTIES AGREE TO STRICTLY COMPLY WITH ALL TERMS, COVENANTS
AND CONDITIONS OF THE PRIME LEASE THAT ARE APPLICABLE TO THEIR USE AND
OCCUPANCY OF THE PREMISES AND THE SITE. NOTWITHSTANDING ANYTHING TO THE
FINAL King County Sublease (02/24/2021)
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
CONTRARY CONTAINED IN THIS SUBLEASE, THE TERM (DEFINED IN SECTION 2) OF THIS
SUBLEASE SHALL AUTOMATICALLY TERMINATE UPON THE EXPIRATION OR EARLIER
TERMINATION OF THE PRIME LEASE.
2. TERM.
(a) The "Initial Term" of this Sublease shall be five (5) years, commencing on the Effective
Date ("Term Commencement Date") , and terminating on the fifth anniversary of the Term Commencement
Date, unless terminated sooner as provided herein.
(b) If, within the Initial Term, Sublessor assigns this Sublease to the PSERN Operator (defined
herein below), then the term of this Sublease may be extended for an additional four (4) periods of five (5)
years each (each an "Extension Term"), subject to the following terms and conditions:
(i) That at the beginning of the Extension Term, Sublessee shall not be in default in the
observance or performance of any of the material terms, covenants or conditions of this Sublease
with respect to a matter as to which written notice of default has been given and which has not been
remedied within the applicable cure period set forth in this Sublease.
(ii) That such Extension Term(s) shall be upon the same terms, covenants and
conditions as in this Sublease, except for any mutually agreed changes.
(iii) Each Extension Term shall be exercised automatically as long as either Party does
not deliver to the other Party a written notice of tern ination at least ninety (90) days prior to the end
of the Initial Term or then -current Extension Term.
(c) As used in this Sublease, all references to the "Term" of this Sublease shall include the
Initial Term, all exercised Extension Terms, and all holdover terms, as provided for in Section 280) herein
below. As used herein above, the "PSERN Operator" is any entity that will own, operate, or manage the
Puget Sound Emergency Radio Network, emergency communications facilities for which are or will be
installed and operating on the Property, including but not limited to the Shelter.
3. CONSIDERATION.
(a) The Parties hereby acknowledge and agree that Sublessor's consideration for entering
into this Sublease are the rights granted to Sublessor by Sublessee, as the Owner, under the Prime Lease.
For so long as Sublessor is the tenant under the Prime Lease and the Prime Lease remains in full force and
effect, Sublessee shall not pay Sublessor any rent hereunder, subject to the terms in Section 11 herein
below.
(b) Notwithstanding anything in this Sublease to the contrary, if, under any provision of the
Prime Lease, any additional rent shall be payable by Sublessor to Owner because of this Sublease, or
extra services are ordered by or activities are undertaken by or on behalf of Sublessee with respect to its
use of the Premises or on account of Sublessee's default hereunder, then Sublessee shall pay to
Sublessor such additional costs on demand by Sublessor.
(c) Rent, if any, and any other payments due to Sublessor under this Sublease shall (i) be
delivered to Sublessor at the remittance address set forth below; (ii) be due and payable in advance, without
notice or demand, and without offset or deduction; (iii) be made payable to the KING COUNTY OFFICE
OF FINANCE; and (iv) include Sublessor's Site Name and Sublease Number thereon.
FINAL King County Sublease (02/24/2021)
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
Remittance Address: King County Facilities Management Division
Real Estate Services Section - Finance
King County Site Name: Kent Repeater
King County Sublease #: PSERN-5a
500 Fourth Avenue, Suite 830
Seattle, WA 98104
(d) Sublessee warrants that it is a tax-exempt government agency per RCW 82.29A, and is
not required to pay Leasehold Excise Tax ("LET") at the time of executing this Sublease. Should
Sublessee's central assessment status change, Sublessee agrees to immediately notify Sublessor and begin
paying applicable LET to Sublessor or Washington State Department of Revenue ("DOR"), as
determined by DOR. It is the responsibility of Sublessee to ascertain whether payment of LET is required
to Sublessor or DOR. If Sublessee is centrally assessed by DOR, Sublessee must provide Sublessor
documentation of Sublessee's central assessment status in advance of the Effective Date and within thirty
(30) days of a change in status. As of the Effective Date, the LET rate is 12.84% of the then -current Rent.
(e) If any sums payable to Sublessor under this Sublease are not received within ten (10)
business days following the due date, Sublessee shall pay Sublessor, in addition to the amount due, a one-
time late fee equal to five percent (5%) of the delinquent amount. In addition, all delinquent sums payable
by Sublessee to Sublessor and not received by Sublessor within ten (10) business days of Sublessee's
receipt of written notice that the sum is past due shall bear interest from the date due until paid in full at
the rate of twelve percent (12%) per annum, or the highest rate of interest allowable by law, whichever is
less. Also, there shall be a charge for any check returned uncollectible in accordance with WAC 468-20-
900. Sublessor and Sublessee agree that such charges represent a fair and reasonable estimate of the costs
incurred by Sublessor by reason of delinquent payments and uncollectible checks. Sublessor's acceptance
of less than the full amount of any payment due from Sublessee shall not be deemed an accord and
satisfaction, waiver, or compromise of such payment, unless specifically agreed to in writing by
Sublessor.
4. USE.
(a) The Premises shall only be used for the purpose of installation, operation, maintenance,
repair, replacement and removal of Sublessee's communication equipment and associated improvements
(collectively, the "Equipment"), operating on federally licensed frequencies, all as specifically listed and
described on the attached Exhibit C ("Permitted Use"). Sublessee has the right to obtain, at its sole cost
and expense, a title report or commitment for a leasehold title policy from a title insurance company of its
choice and to have the Site surveyed by a surveyor of its choice. Sublessee may also perform and obtain,
at Sublessee's sole cost and expense, soil borings, percolation tests, engineering procedures,
environmental investigations or other tests or reports on, over, and under the Site, necessary to determine
if Sublessee's use of the Premises will be compatible with Sublessee's engineering specifications, system,
design, operations or Government Approvals (defined in Section 4.b); provided that Sublessee shall not
perform any invasive testing that may require mandatory reporting to a government agency without
obtaining Sublessor's prior written consent, which consent may be withheld in Sublessor's sole
discretion.
(b) Prior to performing any installation work within the Premises, Sublessee shall secure all
necessary federal, state and local licenses, permits, and approvals for the Permitted Use (collectively, the
"Government Approvals") at its sole cost and expense. Sublessor agrees to reasonably assist Sublessee
with applications for the Government Approvals and with obtaining and maintaining the Government
Approvals.
FINAL King County Sublease (02/24/2021)
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
5. ACCESS.
(a) As part of the consideration for this Sublease, Sublessor hereby grants Sublessee non-
exclusive access seven (7) days a week, twenty-four (24) hours a day, on, over, and across the Site only for
ingress and egress adequate to install, operate, maintain, service, repair, replace and remove the
Equipment within the Premises. Access to any other part of the Site or for any other reason requires prior
notice to Sublessor in accordance with Section 9 of the Prime Lease.
(b) Sublessor shall not access the Premises or allow any third party to access the Premises
(except as provided in Sections 7 or 17(a) herein) without Sublessee's prior written consent, which consent
shall not be unreasonably withheld, delayed or conditioned. Sublessor shall not allow the placement,
construction or installation of any equipment or materials in the Premises by a third party without Sublessee's
prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned.
6. UTILITIES. Sublessor hereby grants Sublessee the right to reasonably use the existing electricity
services, including use of the back-up power generator, at the Site. The rights to use Sublessor's services
granted in this Section are granted at no cost to Sublessee pursuant to the terms of the Prime Lease. Upon
obtaining a written notice to proceed from Sublessor, Sublessee shall have the right, at Sublessee's sole
expense, to attach its Equipment to Sublessor's electrical equipment at specific demarcation points agreed
upon in writing between the Parties. Sublessor agrees to give Sublessee at least twenty-four (24) hours
advance telephonic notice at 253-856-5600 of any planned interruptions of said services. Sublessor shall
not be responsible for interference with, interruption of or failure, beyond the reasonable control of
Sublessor, of such electricity services to be furnished or supplied by Sublessor.
7. MAINTENANCE, REPAIR AND ABATEMENT. Sublessee shall maintain the Premises and the
Equipment in good repair and tenantable condition during the Term. Except as expressly set forth in this
Sublease, Sublessor shall not maintain, repair or otherwise touch or interfere with Sublessee's Equipment
without Sublessee's prior consent; provided that, in the event of an emergency posing an imminent threat
of bodily injury or property damage, Sublessor may take action necessary to abate the threat and shall
give Sublessee notice of such actions taken as soon as reasonably possible thereafter. Sublessor shall
maintain the Site (excluding the Premises), in good repair and tenantable condition during the Term of
this Sublease.
8. ASSIGNMENT/SUBLEASE.
(a) Sublessee may not assign, sublease or transfer, in whole or in part, its interest in this
Sublease without Sublessor's prior written consent, which consent may be withheld in Sublessor's sole
discretion.
(b) Should Sublessor sell, lease, transfer or otherwise convey all or any part of the Site to any
transferee other than Sublessee, such transfer shall be subject to this Sublease.
(c) In the event of an assignment, the assignee shall assume all liability of the assignor and
the assignor will be relieved of all future performance, liabilities and obligations under this Sublease to
the extent of such assignment.
9. DISASTER. In the event the Premises is destroyed or damaged by fire, earthquake or other casualty
so as to render the Premises unfit for use as provided for herein, either Party may terminate this Sublease.
If the Parties agree it is feasible to relocate the Equipment to a mutually acceptable alternate location on the
Site, subject to the terms of the Prime Lease, Sublessee shall have the right to relocate all or any part of the
Equipment and/or Premises, at Sublessee's sole expense. Sublessor will use reasonable efforts to provide an
interim location within the Site for Sublessee to locate temporary equipment as necessary to continue service
FINAL King County Sublease (02/24/2021) 4
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
during repair or relocation of the Premises and/or Equipment. A survey will be prepared for the relocated
Premises , at Sublessee's expense, and the survey will replace Exhibit B attached hereto. Notwithstanding
anything in this Sublease to the contrary, in the event of a fire, earthquake or other casualty, Sublessor shall
have no obligation to repair, restore or rebuild any part of the Site or any of its improvements located thereon.
10. HAZARDOUS SUBSTANCES.
(a) Sublessor represents and warrants to Sublessee that Sublessor is not aware of (and has
no duty to investigate) any Hazardous Substances (defined in Section 10(d) below) located on the Site in
soil, groundwater or other environmental media in violation of applicable laws. Sublessee and
Sublessor agree that they will not place, dispose of or store any Hazardous Substance on the Premises or
the Site in violation of applicable laws.
(b) Sublessee shall indemnify, defend and hold harmless Sublessor with respect to any and
all claims, demands, suits, causes of action, judgments, damages, costs, attorney fees, government orders,
penalties or other requirements (hereafter "Claim(s)") arising from the presence or release of any
Hazardous Substances on the Site caused by Sublessee, its employees or agents, except to the extent that
a Claim is caused by the Sublessor, its employees or agents, another tenant, its employees or agents, or a
third party.
(c) Sublessor shall indemnify, defend and hold harmless Sublessee with respect to any and
all Claims arising from the presence or release of any Hazardous Substances on the Site caused by
Sublessor, its employees or agents, except to the extent that a Claim is caused by Sublessee, its
employees or agents.
(d) For purposes of this Sublease, "Hazardous Substances" shall mean any substance
subject to regulation under the Washington Hazardous Waste Management Act (Ch. 70.105 RCW) and
implementing regulations, any "hazardous substance" under the Washington Model Toxics Control Act
(Ch. 70.105D RCW) and implementing regulations, and any "hazardous substance" or "hazardous waste"
as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42
USC § § 9602 et seq.) and implementing regulations, as these laws are amended from time to time;
underground storage tanks, whether empty, filled or partially filled with any substance; asbestos; urea
formaldehyde foam insulation; PCBs; and any other substance, waste, material or chemical deemed or
defined as hazardous, toxic, a pollutant, contaminant, dangerous or potentially dangerous, noxious,
flammable, explosive or radioactive, the removal of which is required or the manufacture, preparation,
production, generation, use, maintenance, treatment, storage, transfer, handling or shipment of which is
restricted, prohibited, regulated or penalized by any federal, state, county, municipal or other local
governmental statute, regulation, ordinance or resolution as these laws are amended from time to time.
11. ALTERATIONS.
(a) In the event Sublessee desires to modify the Equipment in a manner that requires
additional space on the Site, Sublessee shall submit a written request to Sublessor, including any
information that Sublessor may reasonably request, including but not limited to a written description of
the modifications requested, site plans depicting the modifications to the Equipment, the size and location
of the proposed additional space and any additional access, electricity, and or other utility services being
requested (collectively, the "Modifications"). Provided the Sublessor determines, in its reasonable
discretion, that sufficient space is available and the Sublessee's Modifications will not diminish or hinder
Sublessor's current or future use, Sublessor agrees to grant Sublessee the right to make such
Modifications, which approval shall be in the form of an amendment to this Sublease, upon mutually
acceptable terms and conditions, which may include an increase in Rent and/or reimbursement of
FINAL King County Sublease (02/24/2021)
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
Sublessor's administrative costs and expenses incurred to accommodate Sublessee's requested
Modifications.
(b) Sublessee may make alterations, additions and improvements in and to the Equipment at
any time during the Term of the Sublease, so long as they comply with all applicable laws, and so long as
they do not interfere with the emergency radio communications operating from the Site and Sublessor's and
its other tenants' current use of the Site. Notwithstanding the foregoing, Sublessee shall not make any
alterations, additions or improvements to the Premises or the Equipment that change the size or appearance
thereof, that result in Modifications, that require any trenching or core cutting on any part of the Site or that
change the Permitted Use without Sublessor's prior written consent, which consent shall not be unreasonably
withheld, delayed or conditioned.
12. NOTICES AND MANAGEMENT. Wherever in this Sublease written notices are to be given or
made, they will be sent by certified mail, return receipt requested, or reliable overnight courier to the
addresses listed below, unless different addresses shall be designated in writing and delivered to the other
Party.
Sublessor: King County Facilities Management Division
Real Estate Services
Attn: Leasing Supervisor
RE: Kent Repeater City of Kent Sublease / PSERN-5a
500 Fourth Avenue, Suite 830
Seattle, WA 98104
With a copy to: King County Facilities Management Division
Attn: Gail Houser
RE: Kent Repeater City of Kent Sublease / PSERN-5a
500 Fourth Avenue, Suite 800
Seattle, WA 98104
Sublessee: 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
Each Party shall appoint a manager to have responsibility for activities carried out under this Sublease and
to resolve any disputes that may arise between the Parties under Section 21. Each Party shall notify the
other in writing of its appointed manager and their contact information concurrently with full execution of
this Sublease, and shall give the other written notice immediately of any change in the appointed manager
and their contact information during the Term.
13. WASTE AND NUISANCE PROHIBITED. During the Term of this Sublease, Sublessee shall
comply with all applicable laws affecting the Premises, the breach of which might result in any penalty on
Sublessor or forfeiture of Sublessor's real property interests and/or rights to the Site. Sublessee shall not
commit or suffer to be committed any waste on the Premises or any nuisance.
FINAL King County Sublease (02/24/2021)
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
14. MECHANIC'S LIENS. Sublessee will not subject the Site nor Sublessor's interest therein to any
mechanic's lien or any other lien whatsoever. If any mechanic's lien or other lien, charge or order for
payment of money is filed as a result of the acts or omissions of Sublessee in connection with this
Sublease, Sublessee will cause such lien, charge or order to be discharged or appropriately bonded or
otherwise reasonably secured ("Secured") within thirty (30) days after notice thereof. If Sublessee fails
to cause the lien or encumbrance to be Secured within the thirty (30) day period, then Sublessor will be
entitled to do so at Sublessee's expense.
15. SIGNS. Sublessee may only erect or install such signs or symbols within the Site that are required by
applicable laws without obtaining Sublessor's prior written approval. Any signs or symbols placed within the
Site by Sublessee shall be removed by Sublessee at the expiration or earlier termination of this Sublease, and
Sublessee shall repair any related damage or injury to the Site caused by such removal. If not so removed by
Sublessee, Sublessor may have the same removed and repairs performed at Sublessee's expense.
16. CONDEMNATION. If the Premises, or any part thereof the loss of which impairs the utility of the
Premises to a significant extent, are appropriated or taken for any public use by virtue of eminent domain or
condemnation proceeding, or by conveyance in lieu thereof, or if by reason of law or by court decree,
whether by consent or otherwise, or if the use of the Premises by Sublessee for any of the specific purposes
herein before referred to shall be prohibited, then either Party shall have the right to terminate this Sublease
upon written notice to the other. In the event of a partial taking, if neither Party elects to terminate this
Sublease, Sublessee's possession of that part of the Premises not so taken shall continue under the same terms
and conditions hereof. If the Parties agree it is feasible to relocate the Equipment to a mutually acceptable
alternate location on the Site, subject to the terms of the Prime Lease, Sublessee shall have the right to
relocate all or any part of the Equipment and/or Premises, at Sublessee's sole expense.
17. DEFAULT.
(a) If Sublessee should fail to remedy any default (i) in the payment of any sum due under this
Sublease within fifteen (15) days after receipt of written notice, or (ii) in the keeping of any other term,
covenant or condition herein with all reasonable dispatch, within a reasonable period of time no sooner than
thirty (30) days after receipt of written notice within which time frame said default has not been cured, then in
any of such event(s), Sublessor shall have the right, at its option, in addition to, and not exclusive of, any
other remedy Sublessor may have by operation of law, to remedy Sublessee's failure to perform or terminate
this Sublease upon written notice to Sublessee. In such event(s) Sublessee shall be responsible for any direct
costs incurred by Sublessor in remedying Sublessee's default.
(b) If Sublessor should fail to remedy any default in the keeping of any term, covenant or
condition herein with all reasonable dispatch, within a reasonable period of time no sooner than thirty (30)
days after receipt of written notice within which time frame said default has not been cured, then in any of
such event(s), Sublessee shall have the right, at its option, in addition to and not exclusive of any other
remedy Sublessee may have by operation of law, to remedy Sublessor's failure to perform or terminate this
Sublease upon written notice to Sublessor. In such event(s) Sublessor shall be responsible for any direct costs
incurred by Sublessee in remedying Sublessor's default.
18. TERMINATION. In addition to the termination rights set forth elsewhere in this Sublease, the
Parties may terminate this Sublease as follows:
(a) Sublessee may terminate this Sublease for any reason whatsoever upon thirty (30) days
prior written notice to Sublessor.
(b) Sublessor may terminate this Sublease without penalty or further liability (i) upon thirty
(30) days written notice if the Premises has been abandoned, in Sublessor's sole judgment, for a
FINAL King County Sublease (02/24/2021)
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
continuous period of ninety (90) calendar days, (ii) immediately upon written notice, if Sublessor is
required by court order, by legislative action or by a governmental agency having jurisdiction, to take
some action that would effectively prohibit Sublessee's use of the Premises, or (iii) immediately upon
written notice, if Sublessee causes interference (as defined in Section 26(d)) to Sublessor's use of the Site
or the emergency radio communications operating thereon, and fails to cure it as provided in Section 26.
19. LITIGATION COSTS/VENUE. If any legal action is instituted to enforce or construe this Sublease, or
any part thereof, the prevailing Party shall be entitled to recover reasonable attorney fees and expenses.
Venue for any legal action brought hereunder shall be in the County in which the Property is located.
20. REMOVAL OF PERSONAL PROPERTY BY SUBLESSEE.
(a) All portions of the Equipment brought onto the Site by Sublessee will be and remain
Sublessee's personal property during the Term of this Sublease. Sublessor hereby waives any and all lien
rights it may have, statutory or otherwise, concerning the Equipment or any portion thereof. During the
Term of this Sublease, Sublessee shall have the right to remove some or all of its Equipment, whether or not
attached to the Premises, provided that such may be removed without serious damage to the Site. All damage
caused by removal of Sublessee's Equipment shall be promptly restored or repaired by Sublessee.
(b) Upon the expiration or earlier termination of this Sublease, Sublessee shall remove all of the
Equipment from the Site, provided that such may be removed without serious damage to the Site. All damage
caused by removal of Sublessee's Equipment shall be promptly restored or repaired by Sublessee. All of the
Equipment not so removed within thirty (30) days after the expiration or earlier termination of this Sublease
shall, at Sublessor's sole discretion, either be (i) removed and stored by Sublessor at Sublessee's sole cost and
expense, without Sublessor incurring any liability therefore, or (ii) deemed abandoned by Sublessor and
become Sublessor's personal property, without the need for any additional documentation.
(c) Upon the expiration or earlier termination of this Sublease, Sublessee shall restore the
Premises to the condition that existed prior to Sublessee's occupancy, reasonable wear and tear excepted,
including removal of Sublessee's Equipment and any other personal property and equipment. This work shall
be done at Sublessee's sole expense and to the reasonable satisfaction of Sublessor.
21. DISPUTE RESOLUTION.
(a) In the event of a dispute between Sublessor and Sublessee arising by reason of this
Sublease, the dispute shall first be referred to managers designated by Sublessor and Sublessee to have
oversight over the administration of this Sublease. The officers or managers shall meet within a
reasonable time, not later than ten (10) calendar days after either Party's request for a meeting, whichever
request is first, and the Parties shall make a good faith effort to achieve a resolution of the dispute.
(b) If the Parties are unable to resolve the dispute under the procedure set forth in this
Section, the Parties may agree to refer the matter to mediation. The Parties shall mutually agree upon a
mediator to assist them in resolving their differences. Any expenses incidental to mediation shall be borne
equally by the Parties.
(c) If the Parties fail to achieve a resolution of the dispute through meeting or mediation
within a reasonable period of time, or within the cure periods provided for in Section 17 if pursuant to a
default, either Party may seek any and all remedies available at law and/or pursuant to this Agreement
against the other Party for such dispute and/or default.
FINAL King County Sublease (02/24/2021) 8
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
22. INSURANCE.
(a) At all times during the Term of this Sublease, Sublessee shall maintain commercial general
liability ("CGL") insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) general aggregate, based on ISO Form CG 00 01 or equivalent, and will include
Sublessor as an additional insured with respect to Claims arising out of or related to this Sublease. In lieu of
the aforementioned CGL insurance, Sublessee may maintain, at its own expense and in accordance with
applicable law, a fully funded self-insurance program for all of its liability exposures for this Sublease,
including but not limited to injuries to persons and damage to property. Sublessee agrees to provide
Sublessor with at least thirty (30) days prior written notice of any material change in Sublessee's insurance or
insurance program. Sublessee shall provide Sublessor with a certificate of insurance and additional insured
endorsements, or, if self -insured, a letter of self-insurance as adequate proof of coverage on or prior to the
Term Commencement Date and at any time during the Term of this Sublease upon receipt of Sublessor's
written request.
(b) Both Parties shall carry "All Risk" property insurance in an amount equal to the full
replacement value of its improvements and personal property on the Property or shall self -insure its
improvements and personal property on the Property.
(c) Notwithstanding any language to the contrary contained in this Sublease, Sublessor and
Sublessee agree that they shall not make a Claim against or seek recovery from the other for any loss or
damage to their property, or the property of others, resulting from fire or other hazards covered by fire
insurance or required to be covered under this Sublease and each hereby releases the other from any such
Claim or liability regardless of the cause of such loss.
23. TAXES. Sublessor shall pay all real and personal property taxes, assessments, or levies assessed
against those portions of the Site for which Sublessor has a contractual obligation to pay pursuant to
Section 32 of the Prime Lease, excluding the Equipment owned by Sublessee. Sublessee shall pay all
taxes, assessments or levies that shall be assessed on, or with respect to, the Equipment and Sublessee's
improvements to the Premises.
24. WARRANTIES.
(a) Sublessor and Sublessee each represent, warrant and agree that, (i) it is duly organized,
validly existing and in good standing and has the right, power and authority to enter into this Sublease and
bind itself hereto; and (ii) the officers and individuals executing below have been duly authorized to act for
and on behalf of the Party for purposes of executing this Sublease.
(b) Sublessor represents, warrants and agrees that: (i) Sublessor solely owns the Shelter, and
controls all or a portion of the Property by lease, license or other written agreement, and has the full right,
power and authority to grant this Sublease to Sublessee; (ii) the Site is not and will not be encumbered by
any liens, restrictions, mortgages, covenants, conditions, easements, leases or any other agreements of
record or not of record, which would adversely affect Sublessee's rights granted in this Sublease; (iii) as
long as Sublessee is not in default beyond any applicable cure period, Sublessor grants to Sublessee sole,
actual, quiet and peaceful use, enjoyment and possession of the Premises; and (iv) Sublessor's execution
and performance of this Sublease will not violate any laws, covenants or the provisions of any mortgage,
lease or other agreement binding on Sublessor.
(c) Sublessee acknowledges that Sublessor's primary use of the Site is operation of emergency
radio communications. Notwithstanding anything to the contrary contained in this Sublease, Sublessee
hereby represents and warrants to Sublessor that Sublessee's use of the Premises will at no time interfere with
Sublessor's primary use of the Site for operation of emergency radio communications.
FINAL King County Sublease (02/24/2021)
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
25. INDEMNITY AND HOLD HARMLESS.
(a) Sublessee agrees to indemnify and hold Sublessor harmless as provided herein to the
maximum extent possible under law. Accordingly, Sublessee agrees for itself, its successors and assigns,
to defend, indemnify and hold harmless Sublessor, its appointed and elected officials, and employees,
agents and contractors, from and against liability for all Claims, including costs of defense thereof for
injury to persons, death or property damage that is caused by or arises out of Sublessee's acts or omissions
in the exercise of rights and privileges granted by this Sublease, except to the extent of the negligence or
willful misconduct of Sublessor, and its employees, agents and contractors.
(b) Sublessor agrees to indemnify and hold Sublessee harmless as provided herein to the
maximum extent possible under law. Accordingly, the Sublessor agrees for itself, its successors and
assigns, to defend, indemnify and hold harmless Sublessee, its appointed and elected officials, and
employees, agents and contractors, from and against liability for all Claims, including costs of defense
thereof for injury to persons, death or property damage that is caused by or arises out of Sublessor's
negligent acts or omissions, or willful misconduct with regard to the Site, except to the extent of the
negligence or willful misconduct of Sublessee, and its employees, agents and contractors.
(c) Where such Claims result from the concurrent negligence of the Parties, the provisions
provided in this Section 25 shall be valid and enforceable only to the extent of each Party's negligence.
(d) Each of the Parties agrees that its obligations under this Section 25 extend to any Claim
brought by, or on behalf of, any of its employees, agents or contractors. For this purpose, each of the
Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that
would otherwise be available against such Claims under the industrial insurance provisions of Title 51
RCW.
(e) The provisions of this Section 25 do not apply to Claims that are subject to Section 10.
26. INTERFERENCE.
(a) Where there are existing radio frequency user(s) on the Site, Sublessor will endeavor to
provide Sublessee with a list of all such existing radio frequency user(s) and the frequencies used by each
to allow Sublessee to evaluate and avoid the potential for interference. Sublessee warrants that its use of
the Premises will not interfere with existing radio frequency user(s) at the time Sublessee begins its use of
the Premises, as long as the existing radio frequency user(s) operate and continue to operate within their
respective frequencies and in accordance with all applicable laws, licenses and manufacturers'
specifications.
(b) Sublessor will not grant a lease, license or any other right to any third party for the use of
the Site if Sublessor has actual knowledge that such use will adversely affect or interfere with Sublessee's
Equipment, Permitted Use or rights under this Sublease. Sublessor shall endeavor to include in all future
leases, subleases, licenses and agreements for use of the Site terms substantially similar to the non-
interference terms set out in this Section 26.
(c) Sublessee shall, and Sublessor agrees to require all subsequent users of radio frequencies
on the Site, including any subsequent new use of radio frequencies on the Site by Sublessor, to: (i)
comply with the King County Radio Communications Services Site and Facility Standards set forth on
Exhibit D, (ii) comply with the rules, regulations, and licenses of the Federal Communications
Commission ("FCC"), (iii) cease operating any equipment that causes interference with pre-existing uses
twenty-four (24) hours after receipt of notice of interference, except for intermittent testing to determine
FINAL King County Sublease (02/24/2021) 10
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
the cause of such interference, until the interference has been corrected, (iv) perform radio frequency
intermodulation studies prior to the installation of additional equipment and any change in radio
frequencies to confirm that the proposed installation and/or change will not create interference with
existing uses, (v) reasonably cooperate with other users in order to troubleshoot the cause of any radio
frequency interference that may arise. Notwithstanding the foregoing, the last user to add equipment on
or change radio frequencies at the Site that causes radio frequency interference shall have primary
responsibility to investigate the cause of the interference and to incur the expense to cure the interference.
If the interference cannot be cured using commercially reasonable efforts, such user shall remove from
the Site the equipment that causes the interference.
(d) For the purposes of this Sublease, "interference" includes harmful interference as
defined by the FCC, and any use on the Site or Property that causes physical obstruction with the use of
the Site by either Party and by any third -party that has a legal right to use all or any part of the Site.
27. NON-DISCRIMINATION. Sublessee and Sublessor, for themselves, their successors, and assigns as
a part of the consideration hereof, do hereby covenant and agree to comply with all civil rights and anti-
discrimination requirements of federal, state and local laws applicable to the Property, including, without
limitation, Chapter 49.60 RCW. Sublessee and Sublessor shall not discriminate on the basis of race,
color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based upon a bona fide
occupational qualification, in the employment or application for employment or in the administration or
delivery of services or any other benefits under King County Code Chapter 12.16. Sublessee and
Sublessor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders
and regulations that prohibit such discrimination. These laws include, but are not limited to, Chapter
49.60 RCW, and Titles VI and VII of the Civil Rights Act of 1964. Any violation of this provision shall
be considered a default of this Sublease and shall be grounds for cancellation, termination, or suspension,
in whole or in part, of this Sublease and may result in ineligibility for further agreements between the
Parties.
28. MISCELLANEOUS.
(a) NON -WAIVER: No waiver by either Party of any of the terms of this Sublease shall be
construed as a waiver of the same term or other rights of that Party in the future.
(b) ENTIRE AGREEMENT: This Sublease contains terms and conditions agreed upon by the
Parties. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject
matter of this Sublease. No modification or amendment to this Sublease shall be valid until put in writing and
signed by both Parties with the same formalities as this Sublease.
(c) HEADINGS: The section headings appearing in this Sublease have been inserted solely
for the purpose of convenience and ready reference. In no way do they purport to, and shall not be
deemed to define, limit or extend the scope or intent of the sections to which they pertain.
(d) COUNTERPARTS: This Sublease may be executed in any number of counterparts, each
of which, when so executed and delivered, shall be an original, but such counterparts shall together
constitute but one and the same.
(e) SEVERAHILITY•_INVALIDITY OF PROVISIONS: If any parts, terms or provisions of
this Sublease are held by the courts to be illegal, invalid or unenforceable, the validity of the remaining
portions or provisions shall not be affected and the rights and obligations of the Parties shall not be
affected in regard to the remainder of this Sublease, the remainder of this Sublease being valid and
FINAL King County Sublease (02/24/2021) 11
King County Sublease M PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
enforced to the fullest extent permitted by law. If it should appear that any part, term or provision of this
Sublease is in conflict with any applicable laws, then the part, term or provision shall be deemed
inoperative and null and void insofar as it is in conflict therewith, and this Sublease shall be deemed
modified to conform to such statutory provision.
(f) USE OF TERMS: Whenever the singular number is used in this Sublease and whenever
required by the context, the same shall include the plural, and the masculine gender shall include the feminine
and neuter genders, and the word "person" shall include corporation, partnership, limited liability company,
firm, association or other entity.
(g) SUCCESSORS AND ASSIGNS: This Sublease shall nun with the land, and shall be
binding upon and inure to the benefit of the Parties, their respective successors, personal representatives and
assigns.
(h) INTERPRETATION: Unless otherwise specified, the following rules of construction
and interpretation apply: (i) use of the term "including" will be interpreted to mean "including but not
limited to"; (ii) use of the terms "termination" or "expiration" are interchangeable; (iii) reference to a
default will take into consideration any applicable notice, grace and cure periods; and (iv) to the extent
there is any issue with respect to any alleged, perceived or actual ambiguity in this Sublease, the
ambiguity shall not be resolved on the basis of who drafted this Sublease.
(i) GOVERNED BY LAWS OF STATE OF WASHINGTON: This Sublease shall be
governed by the laws of the State of Washington.
0) FAILURE TO INSIST UPON STRICT PERFORMANCE: The failure of either Party to
insist upon strict performance of any of the terms or conditions of this Sublease shall not constitute a waiver
thereof.
(k) HOLDOVER: If Sublessee remains in possession of the Premises after expiration or earlier
termination of this Sublease, Sublessee shall be deemed to be occupying the Premises as a tenant -at -
sufferance on a month -to -month basis, the covenants and obligations for which shall be the same as those set
forth in this Sublease, or as otherwise provided in this Section. Acceptance by Sublessor of any monies after
expiration or earlier termination of this Sublease shall not result in a renewal of this Sublease, nor affect
Sublessor's right of re-entry or any rights of Sublessor herein or available at law. If Sublessee fails to
surrender the Premises upon the expiration or earlier termination of this Sublease without obtaining
Sublessor's prior written consent to hold over, Sublessee shall reimburse Sublessor, within thirty (30) days of
receipt of written demand, for all rents, fees, penalties, and damages Sublessor incurs due to Sublessee's hold
over, from the effective expiration or termination date until Sublessee surrenders possession of the Premises
to Sublessor in accordance with the terms of Section 20, plus interest, attorney's fees and costs, and shall
indemnify and hold Sublessor harniless from all loss and liability including, but not limited to any Claims
made by any succeeding tenant founded on or resulting from such failure to surrender.
(1) SURVIVAL: Any provisions of this Sublease relating to indemnification shall survive
the termination or expiration of this Sublease, and shall also extend to all Claims arising prior to the
Effective Date of this Sublease if Sublessee's use of any part of the Premises commenced prior thereto.
In addition, any terms and conditions contained in this Sublease that by their sense and context are
intended to survive the termination or expiration of this Sublease shall so survive.
FINAL King County Sublease (02/24/2021) 12
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
(m) EXHIBITS: This Sublease is subject to the terms and conditions of the following
exhibits, which exhibits are an integral part of this Lease and are incorporated herein by this reference:
Exhibit A — Description of Property and Site
Exhibit B — Depiction of Premises
Exhibit C — Technical Data Sheet
Exhibit D — King County Radio Communications Services Site and Facility Standards
Exhibit E — Prime Lease
[SIGNATURES ON FOLLOWING PAGES]
FINAL King County Sublease (02/24/2021) 13
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
IN WITNESS WHEREOF, the Parties have caused this Sublease to be fully executed as of the
last date signed by each Parry's authorized representative, as provided herein below.
Sublessor:
KING CO T ,
a politic sub o ie State of Washington
By: !/ {
Nam nthon 0. ri it
Title: Director acii ties ana ement ❑ivisi
Date: 1
Approved as to form:
Busch Law Firm PLLC
STATE OF WASHINGTON
ss.
COUNTY OF KING
-1$1
y�.,
On this i P day of 20 2- , before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared Anthony 0. Wright,
Director Facilities Management Division for King County, to me known to be the individual that executed
the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said individual, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument, and that the seal affixed is the seal of said County.
IN WITNESS WHEREOF, I have hereunto set my ha an ffixed my seal the day and year first
written above.
Nanq K4 ni-Lee OT Y P n and , r tli State of
"ry Puhlic Washin siding at Il l �if
State aF wa$hinptart My commission expires:
My APPanlrnent Expvaa 44l44�2pTa
C«nmras4)n Number 2D108795
FINAL King County Sublease (02/24/2021) 14
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
Sublessee:
CITY OF KENT,
a Washington municipal corporation
]JULU. I � - I I.IN
STATE OF
ss.
COUNTY OF )
On this 31 day of OYCh 120 2A , before me, the undersigned, a Notary Public
in ancj for the State o Washington, duly commissioned and sworn, personally appeared
�}aAL , to me known to be the individual(s) that executed
the within and foregoing fnstrum nt, and acknowledged the said instrument to be the free and voluntary act
and deed of said individual(s), for the uses and purposes therein mentioned, and on oath stated that he/she
was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first
written above.
R�EY A kp fit i
5 120137
A 5
i v'�A•, &B�� = a
I�I+tl or WA5`�i�..=
NOTARY ftltlt in and fprthe, State of
Washington, residing at KenA—
My commission expires: 06 -(1 a ---
FINAL King County Sublease (02/24/2021) 15
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
ID►VIII1.11II1
Description of Property and Site
(Page 1 of 2)
Legal Description of the Property:
The west 150 feet of the south 300 feet of the north 330 feet of the southeast quarter of the southwest
quarter of the southeast quarter of Section 33, Township 22 North, Range 5 East, W.M., ALSO,
The portion of the southwest quarter of the southwest quarter of the said southeast quarter of Section 33
lying easterly of the westerly 508 feet thereof, and northerly of the southerly 429 feet of the said
southwest quarter of the southwest quarter of the southeast quarter and southerly of the northerly 30 feet
of the said southwest quarter of the southwest quarter of the southeast quarter; ALSO,
That portion of the south 300 feet of the north 330 feet of the southwest quarter of the southwest quarter
of the said southeast quarter of Section 33 lying southerly of the north line of the southerly 429 feet of
the said southwest quarter, and easterly of the following described line:
Beginning at a point on the south line of the said southwest quarter of the southwest quarter of the
southeast quarter which is 508 feet easterly of the southwest corner thereof,
Thence northerly to a point on the said north line of the southerly 429 feet of the southwest quarter
which is 509.70 feet easterly of the west line of the said southwest quarter and the terminus of said line
description;
Together with an easement over, under and across the east 30 feet of the west 180 feet of the north 330
feet of the southeast quarter of the southwest quarter of the southeast quarter of Section 33, Township 22
North, Range 5 East, W.M.;
And together with an easement over, under and across the north 30 feet of the west 150 feet of the said
southeast quarter of the southwest quarter of the southeast quarter; ALSO that portion of the north 30
feet of the southwest quarter of the said southwest quarter of the southeast quarter lying easterly of 124th
Avenue Southeast; ALSO that portion of the south 30 feet of the northwest quarter of the said southwest
quarter of the southeast quarter lying easterly of 124th Avenue Southeast;
Situated in the County of King, State of Washington.
Address: 12523 SE 286th Place, Auburn, WA
FINAL King County Sublease (02/24/2021) 16
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
ki asc � vi �j
Description and/or depiction of Sublessor's Site (including the location of the Shelter thereon):
PARCEL #
332205-9017
W '
Z
W
O
a
i
I
PARCEL#
332205-9029
I
I
I
SE 286TH PLACE
— SUBLESSEE'S
-� (E) PROPERTY LINE ACCESS ROUTE
f
PARCEL#
332205-9177
EXISTING r u I
WATER VAULT I
EXISTING
WATER TANK
Sy EXISTING EQUIPMENT ' •�• jt. 0
SHELTER �' !
n
f � a
EXISTING PAD 4 EXISTING SUBLESSOR w
MOUNTED GENERATOR 1000 GALLON DIESEL
FUEL STORAGE TANK
EXISTING 160.0'
SELF-SUPPORT TOWER
EXISTING SUBLESSOR
EQUIPMENT SHELTER
PARCEL#
332205-9115
(E) PROPERTY LINE
C%ITC n1 A AI
SCALE; 1' = 60'
FINAL King County Sublease (02/24/2021) 17
Depiction of Premises:
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
EXHIBIT B
Depiction of Premises
(Page 1 of 2)
] EXISTING PAD
MOUNTED GENERATOR
fr — EXISTING EQUIPMENT
SHELTER
I I
FF-
e�o
EXISTING 160.0'
SELF-SUPPORT TOWER
ENLARGED SITE PLAN
SUBLESSEE'S
ACCESS ROUTE
EXISTING
WATER TANK
�\_ // I I
EXISTING SUBLESSOR
EQUIPMENT SHELTER
11 1 I I
EXISTING SUBLESSOR
1000 GALLON DIESEL
FUEL STORAGE TANK
SCALE; 1' = 2W
FINAL King County Sublease (02/24/2021) 18
SUBLEESSEE
COAX ROUTE
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
EXHIBIT B
Depiction of Premises
(Page 2 of 2)
EXISTING SUBLESSOR
EQUIPMENT SHELTER
BATTERIES
SUBLESSEES
EQUIPMENT
SPACE IN
SHELTER
t
EXISTING
SUBLESSOR
EQUIPMENT RACK
F J
SUBLEESSEE SUBLESSORS
POWER ROUTE ELECTRICAL
PANEL
EQUIPMENT PLAN
SCALE: 3/16" =1'
FINAL King County Sublease (02/24/2021) 19
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
EXHIBIT C
Technical Data Sheet
1. Sublessee Information:
Sublessee Name: City of Kent — Public Works
Notice Address: 220 4" Avenue South Kent WA 98032
Contact Name/Phone: Water System Manager — 253-856-5600
2. Site Information:
Sublessee Site Number: N/A Sublessee Site Name: Pump Station 3.5 Mil. Gal.
Property Address: 12523 SE 286' Pl., Auburn, WA 98092
Property APN: 3322059177
3. Proposed Communication Facilities:
Tower Equipment: N/A
Location of Equipment:
If Sublessor's Shelter:
Number of Racks/Cabinets:
3
4. Provosed Services:
Sublessor's Shelter ® Ground ❑
Rack/Cabinet Dimensions i
22" x 22" x 84"
Backup Power Generator provided by: Sublessor
If provided by Sublessor, required kilowatts: 9.6
Electricity/Power requirements: AC ® UPS ❑
Backhaul provided by: Sublessor ❑
If provided by Sublessor,
Backhaul requirements: MW ❑
Capacity req. for each type:
Telephone needed? Yes ❑ No ® NOTE: SUBLESSOR WILL NOT PROVIDE
Other ❑
Sublessee ❑ N/A ❑
DC ❑ Draw in Amps: 80
Sublessee ❑ N/A
Fiber ❑ Copper ❑
5. Additional Information: Sublessee must use Sublessor's grounding system in the Shelter, and follow
Motorola R56 standards.
FINAL King County Sublease (02/24/2021) 20
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
EXHIBIT D
King County Radio Communications Services
Site and Facility Standards
Updated April 5, 2000
All fixed transmitting and receiving equipment installed within King County facilities shall employ
isolators or similar devices and band pass filtering or alternative band pass filtering (such as using
window filters for broadband services like PCS) which accomplishes the same objectives. These devices
are intended to minimize spurious radiation, receiver local oscillator leakage and transmitter and receiver
intermodulation products. The following standards constitute the minimum requirements for use of
wireless transmitting and receiving equipment.
Transmitter/Receiver Filtering Standards
The following transmitter/receiver filtering standards shall be observed in all King County facilities:
I . Transmitters in the 25 to 54 MHz range shall have a band pass filter providing a minimum of 30 dB
of attenuation 1.0 MHz removed from the operating frequency. Transmitters in this frequency range
should be fitted with a single isolator providing a minimum of 20 dB isolation.
2. Transmitters in the 72 to 76 MHz range shall have a band pass filter providing a minimum of 30 dB
of attenuation 1.0 MHz removed from the operating frequency. Transmitters in this frequency range
shall also be fitted with dual isolators providing a minimum of 50 dB isolation.
3. Transmitters in the 88 to 108 MHz range shall have a band pass filter providing a minimum of 30 dB
of attenuation 1.0 MHz removed from the operating frequency. Transmitters in this frequency range
shall also be fitted with dual isolators providing a minimum of 50 dB isolation. No transmitters with
a transmitter power output of over 100 watts shall be permitted within King County facilities. In
addition, some facilities may not allow use of transmitting equipment in this frequency range.
4. Transmitters in the 108 to 225 MHz range shall have a band pass filter providing a minimum of 15 dB
of attenuation 1.0 MHz removed from the operating frequency. Transmitters in this frequency range
shall also be fitted with dual isolators providing a minimum of 50 dB isolation.
5. Transmitters in the 225 to 400 MHz range shall have a band pass filter providing a minimum of 20 dB
of attenuation 1.0 MHz removed from the operating frequency. Transmitters in this frequency range
shall also be fitted with dual isolators providing a minimum of 50 dB isolation.
6. Transmitters in the 400 to 512 MHz range shall have a band pass filter providing a minimum of 20 dB
of attenuation 2.0 MHz removed from the operating frequency. Transmitters in this frequency range
shall also be fitted with dual isolators providing a minimum of 50 dB isolation. Window filtering
with broader responses may be authorized on a case by case basis.
7. Transmitters in the 512 to 746 MHz range shall have a band pass filter providing a minimum of 20 dB
of attenuation 2.0 MHz removed from the operating frequency. Transmitters in this frequency range
shall also be fitted with dual isolators providing a minimum of 50 dB isolation.
8. No broadcast transmitters in the 746 to 806 MHz range shall be permitted in King County facilities.
9. Transmitters in the 806 to 990 MHz range shall have a band pass filter providing a minimum of 15 dB
of attenuation 3.0 MHz removed from the operating frequency. Transmitters in this frequency range
FINAL King County Sublease (02/24/2021) 21
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
shall also be fitted with dual isolators providing a minimum of 50 dB isolation. Window filtering
with broader responses may be authorized on a case by case basis.
Site Engineering Standards and Site User Practices
The following site engineering standards and site user practices shall be observed in all King County
facilities:
1. A band pass cavity shall always be used before each receiver. A window filter may be substituted in
multicoupled systems. Crystal filters are also advisable at crowded facilities.
2. A band reject duplexer may not be used unless accompanied by the required band pass cavities. A
pass reject duplexer may be used, provided the duplexer band pass characteristics meet the minimum
requirements for transmitter band pass filtering.
3. All cables used in King County facilities must, at minimum, be double -shielded with 100% braid
coverage. Use of solid outer shield cables (i.e. `Heliax') is strongly encouraged. All external feed
lines shall be solid -shielded.
4. All cables used shall be covered with an insulating jacket. Cables used externally shall be covered
with an ultra -violet resistant insulating jacket. No cables with aluminum outer conductors shall be
used in King County facilities.
5. Use of constant impedance connectors shall be required. Type `N,' BNC or 7/16 DIN connector
types are typical constant impedance connectors. Adapters shall not be used for permanent
connections.
6. All equipment shall be properly grounded. Grounding shall be performed by grounding the radio
equipment manufacturers designated equipment ground and shall be tied to the radio facility
equipment ground, preferably using flat copper strap or copper braid. The AC line ground shall also
be used to provide the protective ground. Use of three -wire to two -wire adapters shall be prohibited.
The Manager of the King County Radio Communications Services shall identify the radio facility
ground point.
All transmission lines shall be fastened to towers, cable trays and other site attachment points using
manufactured hardware designed for the purpose. All transmission lines shall be grounded before
entry into the radio facility and shall pass through King County approved lightning protection
equipment. Use of cable ties, ty-wraps and similar attachment hardware is generally discouraged but
may be permitted on a case by case basis. Use of non -insulated metallic ties shall be strictly
prohibited. Non -insulated transmission lines shall not be used in King County facilities. Non -
insulated rigid wave guide is acceptable when properly attached using rigid attachment hardware.
8. All telephone circuits terminating in King County radio facilities shall have lightning protection at the
entry point into the facility.
9. All loose metallic objects shall be removed from the facility at the conclusion of any work performed
on -site. Metallic trash shall be removed from the facility entirely.
10. All equipment shall be maintained in such a fashion as to be in compliance with all FCC, NTIA, FAA
and state and local laws and regulations. Commercial and public safety radio equipment shall be FCC
type -accepted. Federal government and amateur radio equipment shall be constructed in such a
FINAL King County Sublease (02/24/2021) 22
King County Sublease #: PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
fashion as to be of commercial quality. Quarterly checks of the receiving equipment, transmitting
equipment, antennas and customer -owned site filtering equipment are strongly encouraged.
11. Interference problems resulting from the addition of a new user to a King County facility shall be the
responsibility of the `last -in' tenant to resolve, provided that interference problems are not the result
of a non -compliant installation by an existing tenant. Significant interference may require that a
licensee cease operation until the interference problem can be resolved. Should the problem not be
resolvable to the satisfaction of the Manager of the King County Radio Communications Services, the
new tenant may be unable to use the facility.
12. Any changes to the tower configuration (additions, removals, realignments of antennas) require pre -
approval by the King County Radio Communications Services Manager and may require amendments
to the Lease, if the changes are beyond what is authorized by the Lease, and King County agrees to
such Lease amendments. An inspection is required at the end of such work.
13. Equipment which presents an immediate hazard to the facility or individuals working on the facility
may require deactivation until the hazard is removed. High power transmitters may also need to be
deactivated when maintenance of the facility is being performed. The licensee shall be notified in
advance of any such deactivation.
14. All King County radio facilities are protected by locked doors and most have alarm systems. In some
cases, on -site alarms are not obvious. Exceptions include sites with segregated `guest space' where
alarm systems may not be provided. For those facilities with alarms, prior notification of King
County Radio Communications Services shall be required before sites may be entered. Activation of
a facility alarm shall result in the dispatch of police officers, the cost of which shall be borne by the
tenant activating the alarm without providing prior notice of entry.
15. All site property shall be left clean and free of debris, trash and food scraps. If materials are brought
in which become trash, the tenant bringing in the material shall be responsible for its removable.
16. All equipment installed in King County facilities shall be properly licensed. All tenant FCC, IRAC
and amateur radio licenses shall be posted.
17. Special on -site uses may be subject to additional limitations beyond those described herein. Special
site users shall be notified of such additional limitations in writing.
Emergency contacts are as follows:
Day: King County Radio Communication Services (206) 263-8111
Night: King County Sheriff's Communication Center (206) 296-3311
FINAL King County Sublease (02/24/2021) 23
King County Sublease k PSERN-5a
King County Sublease Name: Kent Repeater City of Kent Sublease
King County Site Name: Kent Repeater
EXHIBIT E.
Prime Lease
The Prime Lease is attached hereto.
FINAL King County Sublease (02/24/2021) 24
King County Lease #; PSERN-05
King County Site Name; Kent Repeater
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is entered into as of the Effective Date (as
defined below), by and between the CITY OF KENT, a Washington municipal corporation
("Landlord"), and KING COUNTY, a political subdivision of the State of Washington,
having offices for the transaction of business at 500 Fourth Avenue, Suite 830, Seattle,
Washington 98104 ("Tenant"), for a wireless communications facility located at 12523
Southeast 286th Place, Auburn, Washington ("Joint Use 3.5 Million Tank").
BACKGROUND
A. Landlord is the owner in fee simple of a parcel of land, and a one hundred
sixty foot (160') lattice tower (the "Tower"), located in the City of Auburn, King County,
Washington, legally described on the attached Exhibit A (the "Property").
B. Tenant desires to lease that portion of the Property and space on the Tower
as depicted on the attached Exhibit B, together with a nonexclusive access easement, as
described on the attached Exhibit C, to construct, operate and maintain a communication
facility and associated equipment and improvements, as well as to obtain the right from
Landlord to access the property and install utilities in conjunction therewith.
C. Tenant plans to fund, procure sites for such communication facilities, and
along with other municipalities in King County establish the Puget Sound Emergency Radio
Network (the "PSERN System") to eventually provide service in King County as authorized
by Proposition 1 and King County Ordinances 17993, 18074 and 18075.
D. Accordingly, the parties are entering into this Lease on the terms and
conditions set forth below.
AGREEMENT
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. Landlord leases to Tenant and Tenant leases from
Landlord that portion of the Property and space on the Tower as depicted on the
attached Exhibit B (the "Premises") together with a non-exclusive easement for ingress,
egress and utilities over the Property as depicted on Exhibit B and described on the
attached Exhibit C (the "Access Easement"). In addition to the Premises, Landlord hereby
grants Tenant temporary access to additional space near the Premises for staging purposes
during Tenant's construction activities, in location(s) to be agreed upon by the parties.
This Lease is not a franchise nor is it a permit to use the City of Kent's rights -of -
way. Any franchise or permit must be obtained separately from Landlord.
2. Term,. The term of this Lease shall be for a period of twenty-five (25) years,
commencing on the Rent Commencement Date, as defined in Section 3.a below, and
terminating on the last day of the month prior to the twenty-fifth anniversary of the Rent
Commencement Date ("Term").
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 1 of 24
(Landlord. City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
3. Rent.
a. Tenant's obligation to pay rent under this Lease shall commence upon
the date Tenant commences construction of the Improvements, as defined in Section 4
below, on the Premises (the "Rent Commencement Date"). The parties agree that they shall
acknowledge in writing the Rent Commencement Date as follows: Tenant shall notify
Landlord in writing of the date it commences construction of the Improvements on the
Premises and within ten (10) business days of receipt thereof, Landlord's authorized
representative shall acknowledge such date in writing as the Rent Commencement Date and
return such signed written instrument to Tenant.
b. As used herein, a "lease year" shall be January 1" through December
31st during the Term of this Lease. Rent shall be Four Thousand Three Hundred Twenty and
No/100 Dollars ($4,320.00) per lease year ("Rent"), payable in advance. Rent shall be
payable as follows: Rent for the first partial lease year (from the Rent Commencement Date
until the next December 31st) shall be delivered to Landlord within forty-five (45) days after
the date Tenant receives Landlord's written acknowledgement confirming the Rent
Commencement Date. Thereafter, Rent shall be paid to Landlord annually in advance, on or
before January 1st of each lease year until the Lease expires or is terminated; provided that
if the first full lease year will commence prior to the due date of Rent for the first partial
lease year, then the Rent for the first full lease year shall also be due and payable within
forty-five (45) days after the date Tenant receives Landlord's written acknowledgment
confirming the Rent Commencement Date. Rent for partial lease years shall be prorated and
if Rent is ever overpaid it shall be either refunded or applied to future payments at Tenant's
discretion.
C. All Rent payments shall be mailed to: City of Kent, 220 Fourth
Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent.
d. Tenant shall pay Landlord a late payment charge equal to five percent
(5%) of the Rent for any payment not paid within thirty (30) days of when due. In
addition, any amounts not paid when due shall bear interest from the date due until paid at
the rate of one percent (1%) per month.
e. Rent shall increase by fifteen percent (15%) of the then -current rental
rate on each successive five (5) year anniversary of the first full lease year after the Rent
Commencement Date. For example purposes only, if the Rent Commencement Date is June
23, 2017, and the first full lease year thereafter commences on January 1, 2018, then on
January 1, 2023, Rent shall be increased to $4,968/year; on January 1, 2028, Rent shall be
increased to $5,713.20/year; and on January 1, 2033, Rent shall be increase to
$6,570.18/year; and so on, during the Term of this Lease.
f. Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset, except as
specifically provided for in Section 3.g below.
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 2 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
g. Notwithstanding anything to the contrary contained in this Lease, in
consideration of Lessee's lease of Shelter space to Lessor, as more specifically defined and
provided for in Section 5.a(4) herein below, Lessor agrees to waive Lessee's obligation to
pay Rent from the Rent Commencement Date until the first anniversary of the Rent
Commencement Date.
4. Use of Premises.
a. Tenant may use the Premises for the construction, installation,
operation, maintenance, repair, replacement, upgrade, update, addition, modification and
removal of the communications facilities, and associated equipment and improvements,
generally depicted on Exhibit B and described on the attached Exhibit D (collectively, the
"Improvements") for the PSERN System as it is presently designed or may hereinafter be
modified or changed ("Permitted Use"). Tenant shall use the Premises for no other purpose.
b. Prior to performing any installation or construction work within the
Premises, Tenant shall secure all necessary federal, state and local licenses, permits, and
approvals for the Permitted Use (collectively referred to hereinafter as "Government
Approvals") at its sole expense. Landlord hereby authorizes Tenant to make and sign, as
Landlord's agent, any and all applications and/or submissions necessary to obtain all
Government Approvals from all applicable governmental and/or regulatory entities required
for the Permitted Use of the Improvements within the Premises. Landlord agrees to
reasonably assist Tenant with such applications and with obtaining and maintaining the
Government Approvals.
C. Tenant has the right to obtain a title report or commitment for a
leasehold title policy from a title insurance company of its choice and to have the Property
surveyed by a surveyor of its choice. Tenant may also perform and obtain, at Tenant's
sole cost and expense, soil borings, percolation tests, engineering procedures,
environmental investigation or other tests or reports on, over, and under the Property,
necessary to determine if Tenant's use of the Premises will be compatible with Tenant's
engineering specifications, system, design, operations or Government Approvals. Before
performing any of the work described in this Section 4.c, Tenant must receive prior e-
mailed approval from Landlord's Public Works Director or authorized representative.
5. Tenant Improvements.
a. (1) Tenant may improve the Premises by constructing the
Improvements as depicted on Exhibit B. Tenant is responsible to provide all labor,
materials, and equipment necessary for the Improvements. Prior to commencing
construction, Tenant shall submit plans and specifications drawn to scale for all
Improvements to Landlord for Landlord's written approval, which approval shall not be
unreasonably withheld by Landlord. Construction, installation, or alteration of
Improvements shall not be commenced until plans for such work have been approved in
writing by the Landlord and all necessary permits have been properly issued. Landlord's
Public Works Department shall give such approval or provide Tenant with its requests
for changes within thirty (30) business days of Landlord's receipt of Tenant's work
plans. The plan and specifications review schedule described above does not apply to
the City of Kent acting as a governmental entity issuing permits and other approvals
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 3 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
for the work Tenant is requesting to perform, and Tenant shall pay all permit costs
in addition to Rent described in Section 3.
(2) After the initial installation of the Improvements, Tenant shall
obtain Landlord's written consent prior to making any material changes in the exterior
appearance, size or design of the Improvements on the Property (including the antennas
on the Tower), the location or size of the Premises, and trenching on the Property, which
consent shall not be unreasonably withheld, delayed or conditioned. After the initial
installation of the Improvements, except as provided herein above, Landlord's consent
shall not be required for any installation, maintenance, repair, replacement, addition,
removal, update or upgrade of any of the Improvements or utilities located within the
Premises or Access Easement.
(3) Tenant shall consult with Landlord to arrange a time it will
conduct construction of any Improvements that require Landlord's prior written consent.
Tenant agrees to adhere to the pre -arranged schedule for construction of Improvements.
(4) As part of the Improvements, Tenant intends to construct an
equipment shelter on the Premises (the "Shelter"). Upon completion of the Shelter,
Tenant shall remove all debris left from the construction and installation of the
Shelter at Tenant's own cost. Tenant hereby agrees to lease to Landlord, on terms and
conditions mutually acceptable to both parties, space within the Shelter for Landlord's
future installation and operation of Landlord's radio equipment. Such leased space shall
include approximately one hundred (100) square feet of floor space, and use of Tenant's
electrical power and back-up emergency power for Landlord's radio equipment, free of
rent; provided that Landlord shall at all times be solely responsible, at its sole expense, for
installation, operation, maintenance and repair of its radio equipment within the Shelter.
The rights granted to Landlord in this Section are not transferable or assignable without
Tenant's prior written consent, in Tenant's sole discretion.
b. (1) Unless the parties otherwise agree in writing, Tenant shall
remove the Improvements from the Premises upon termination of the Lease. Such
removal shall be done in a workmanlike and careful manner and without interference or
damage to any other equipment, structures or operations on the Property, including use
of the Property by Other Providers as described in Section 6.a below, Landlord, or any of
Landlord's assignees.
(2) Upon removal of the Improvements, as provided above in
Section 5.b(1), Tenant shall restore all affected areas of the Property, the Premises and
the Access Easement, normal wear and tear excluded, to the reasonable satisfaction
of Landlord.
(3) All costs and expenses for the removal of the Improvements and
restoration of the Property, the Premises and the Access Easement shall be borne by
Tenant, and Tenant shall hold Landlord harmless from any portion thereof.
(4) Notwithstanding anything to the contrary contained in this Lease,
if Landlord's radio equipment has been installed and remains in the Shelter in accordance
LEASE AGREEMENT AT Joint Use 3.5 Million Tank — Page 4 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
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with the terms of Section 5.a(4) herein above, then upon the expiration of this Lease,
including all extensions, the Shelter will remain on the Property and become Landlord's
personal property, "as is, where is," without any representations or warranties, and without
the need for any additional documentation for the transfer of ownership thereof.
6. Use by Other Providers.
a. Tenant shall cooperate with each new other communications provider
that Landlord leases to ("Other Provider(s)") in connection with the Other Provider
locating and placing its antennae and other facilities on the Property, including but not
limited to use of space on the Tower.
b. Each new Other Provider shall be solely responsible for the cost of
locating and placing its equipment on the Property. The Other Provider shall also be
responsible for any liabilities that arise from the Other Provider's use of the Property.
7. Net Lease. Landlord shall not be required to make any expenditures of any
kind in connection with this Lease or to make any repairs or improvements to the
Premises, with the exception that Landlord is solely responsible for the maintenance of the
Tower and Access Easement, unless the Tower and/or Access Easement are damaged by
Tenant or Tenant's agents, employees, licensees or contractors. The parties agree that
this is a net Lease intended to assure Landlord the Rent on an absolute net basis.
8. Maintenance.
a. Tenant shall, at its own expense, maintain the Premises (less
reasonable wear and tear or loss by casualty or other causes beyond Tenant's reasonable
control), and all of Tenant's Improvements, equipment and other personal property on
the Premises in good working order, condition and repair. Tenant shall keep the Premises
free of debris and anything of a dangerous, noxious or offensive nature or which would
create a hazard or undue vibration, heat, noise or interference thereon. Tenant shall
remove graffiti at its own cost within fifteen (15) calendar days of receipt of written
notice to remove by Landlord. Landlord may remove graffiti, at its own cost, without
notice to Tenant. Tenant shall install, maintain, and replace, when necessary, all
landscaping described in Exhibit D, at Tenant's sole expense and in accordance with any
necessary City of Kent permits. The use of herbicides or insecticides by Tenant on
the Premises is strictly prohibited. The Landlord agrees to maintain its Tower at all
times during the Term of this Lease in such a manner so that the Tower meets the Class
III Structural Classification defined in ANSI/TIA-222-G, or at the then -current standards
for use by emergency, rescue or disaster operations.
b. Notwithstanding anything to the contrary contained in this Lease,
Landlord shall not maintain, repair or otherwise touch or interfere with Tenant's
Improvements without Tenant's prior written consent; provided that, in the event of an
emergency posing an imminent threat of bodily injury or property damage, Landlord may
take action necessary to abate the threat and shall give Tenant notice of such actions
taken as soon as is reasonably possible thereafter.
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 5 of 24
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King County Lease #; PSERN-05
King County Site Name; Kent Repeater
9. Access. Landlord and its agents shall have the right to enter the
Premises at all reasonable times, upon not less than two (2) business days prior e-mailed
notice to Tenant's authorized representative, so that Tenant may accompany Landlord, to
examine and inspect the Premises; provided, however, that in no event will Landlord, its
employees, agents or contractors remove, relocate, alter, modify or otherwise tamper
with Tenant's Improvements. Tenant shall have 24-hours-a-day, 7-days-a-week access
to the Premises, including by foot, motor vehicle or by air over or along the Access
Easement generally depicted in Exhibit B.
10. Utilities. Tenant shall, at its expense, separately meter charges for the
consumption of electricity and other utilities associated with its use of the Premises and
shall timely pay all costs associated therewith.
11. License FQe . Tenant shall pay, as they become due and payable, all fees,
charges, taxes and expenses required for licenses and/or permits required for or
occasioned by Tenant's use of the Premises and Access Easement.
12. Approvals; Compliance with Laws. Tenant's use of the Premises and
Access Easement is contingent upon its obtaining all certificates, permits, zoning, and
other approvals that may be required by any federal, state or local authority. Tenant
shall erect, maintain and operate the Improvements in accordance with all applicable
communication site standards, statutes, ordinances, rules and regulations now in effect
or that may be issued thereafter by the Federal Communications Commission ("FCC"),
or other federal or state governmental agency.
13. Interference.
a. Tenant's installation, operation, and maintenance of the Improvements
shall not damage or interfere in any way with Landlord's activities on the Property.
Landlord shall be the sole judge of interference caused to the Landlord's radio
frequency ("RF") transmissions and receptions on the Tower; provided Landlord
shall make all determinations regarding the cause of any such RF interference
based on independent review by experts in the field of RF interference. Tenant
agrees to correct, within thirty (30) calendar days of receipt of written notice of
interference from Landlord, all such actions that materially interfere with Landlord's use
of the Property. Tenant agrees to promptly commence good faith efforts to cure
interference upon actual notice of such interference. If the interference cannot be
corrected without Tenant's wireless signal coverage goals from the Premises being
materially impaired, Tenant shall have the right to terminate the Lease.
b. Before approving the placement of the Improvements, Landlord may
obtain, at Tenant's expense, an interference study indicating whether Tenant's intended
use will interfere with any existing communications facilities on the Property.
C. In the event that an Other Provider requests a lease from Landlord to
place any type of antennae or transmission facility on the Property, excluding the Premises,
Landlord shall submit a proposal complete with all technical specifications reasonably
requested by Tenant to Tenant for review for noninterference; however, Landlord shall not
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King County Lease #: PSERN-05
King County Site Name: Kent Repeater
be required to provide Tenant with any specifications or information claimed to be of a
proprietary nature by any third party. The Other Provider shall be responsible for the
reasonable cost of preparing the technical specifications for its proposed transmission
facility. Tenant shall have forty-five (45) calendar days following receipt of said proposal
to make any objections thereto, and failure to make any objection within this forty-five
(45) day period shall be deemed consent by Tenant to the installation of antennae or
transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to
interference during this forty-five (45) day period and Tenant's objections are verified by
Landlord to be valid, then Landlord shall not proceed with such proposal unless the
Other Provider modifies the proposal in a manner determined, in Landlord's
reasonable judgment, to adequately eliminate reasonable interference concerns
asserted by Tenant. In that case, Landlord may proceed with the proposal. In the event
the Other Provider actually interferes with the operations of Tenant, Landlord shall make
good faith efforts to have the Other Provider cease operation until the interference can
be eliminated. A governmental unit may be allowed to place antennae or other
communications facilities on the Property, excluding the Premises, as long as there is no
interference with Tenant's use.
14. Default. It shall be a default if;
a. Tenant defaults in the payment of Rent or any other sums payable
to Landlord when due, and does not cure such default within thirty (30) calendar
days after written notice of default is received by Tenant;
b. Tenant removes its Improvements on the Premises for a period
longer than six (6) consecutive months and fails to replace them during such time period;
C. Tenant fails, at any time during this Lease (including optional
renewal periods), to conform or comply with any local land use, regulatory, or
building permit conditions issued by the City of Kent in connection with the
construction, operation, or maintenance of Tenant's Improvements contemplated in this
Lease, and such failure is not cured within thirty (30) days after receipt of written notice;
provided, however, that Tenant will not be in default under this subsection if it begins to
cure the alleged failure within the thirty (30) day period and thereafter diligently
prosecutes the cure to completion;
d. Tenant is finally adjudicated as bankrupt or makes any assignment for
the benefit of creditors;
e. Tenant becomes insolvent;
f. Either party defaults in the performance of any other covenant or
condition of this Lease and does not cure such other default within thirty (30) calendar
days after written notice from the non -defaulting party specifying the default at issue;
provided, however, that neither party will be in non -monetary default under this subsection
if it begins to cure the alleged default within the thirty (30) day period and thereafter
diligently prosecutes the cure to completion; or
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King County Site Name: Kent Repeater
g. Tenant fails at any time to maintain insurance as required in Section 22
of this Lease and the attached Exhibit E and such failure is not cured within fifteen (15)
days following Tenant's receipt of written notice of such failure.
15. Possession. If Landlord terminates this Lease in the event of any uncured
default of this Lease by Tenant, the Landlord shall have the right to take exclusive
possession of the Shelter.
16. Cute by Non -Defaulting Party. In the event of any uncured default of this
Lease, the non -defaulting party may, at any time after the specified notice period has run,
cure the default for the account of and at the expense of the defaulting party. If the
non -defaulting party is compelled to pay or elects to pay any sum of money or to do
any act that will require the payment of any sum of money or is compelled to incur
any expense, including reasonable attorney fees in instituting, prosecuting or
defending any action to enforce the non -defaulting party's rights under this Lease, the
sums so paid, with all interest, costs and damages shall be due from the defaulting party
within thirty (30) days following the defaulting party's receipt of an invoice together with
reasonable supporting documentation evidencing such sums and expense. If the
defaulting party disputes the appropriateness of the interest, costs and damages in good
faith, the defaulting party will pay such interest, costs and damages "under protest". Any
payment under protest shall not be considered an admission of liability or a waiver of
rights under this Lease, and such payment shall be subject to refund if the defaulting
party's position is upheld by a court of competent jurisdiction.
17. motional Termination. Except for instances of default as set forth in
Section 14, this Lease may be terminated (a) by Tenant if it is unable to obtain or
maintain any license, permit, or other Governmental Approval necessary for the
construction and/or operation of Tenant's business under this Lease or Tenant, in its
sole discretion, determines that the use of the Premises is obsolete or unnecessary; or
(b) if Tenant or Tenant's vendor of the PSERN System determines that, for technical, design,
interference, environmental, economic or title reasons, the Premises are not necessary or
suitable for the operation of the PSERN System or the use described in this Lease; (c) by
Landlord upon eighteen (18) months' prior written notice to Tenant, if Landlord decides,
in its sole discretion for any reason, to discontinue use of the Premises for municipal or
public purposes; (d) by Landlord or Tenant if there is a determination made pursuant to
an official un-appealable order of the FCC that continued use of the Premises by Tenant is
in fact a threat to public health, safety or welfare that cannot be remediated; (e) by
Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (f) by
Landlord if Tenant loses its license to provide service for any reason, including, but not
limited to, non -renewal, expiration, or cancellation of its license.
18. Termination; Notice. Except as otherwise provided above in Section 17(c),
any notice of termination pursuant to Section 17 shall be given to the other party in
writing at least thirty (30) calendar days prior to the termination date in accordance with
the provision of Section 27.
19. Damaoe or Destruction. If Tenant's Improvements or any portion thereof
are destroyed or damaged so as to materially hinder effective use of the Premises
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through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon
thirty (30) calendar days' written notice to Landlord. In such event, Tenant shall promptly
remove all Improvements from the Premises as set forth in Section 5(b) above. This
Lease (and Tenant's obligation to pay Rent) shall terminate upon Tenant's fulfillment of
the obligations set forth in the preceding sentence, at which termination Tenant shall be
entitled to the prorated reimbursement of any Rent prepaid by Tenant. If the Tenant
believes it is feasible to relocate the Improvements to a different location on the Property,
the parties agree that the Premises will be relocated. Landlord will provide an interim site
for Tenant to locate temporary, mobile communications facilities and equipment as
necessary to continue service during repair or relocation of the Premises or Improvements. A
survey will be prepared for the relocated Premises (including access and utility easements)
and the survey will replace Exhibit B attached hereto.
20. Condemnation,. In the event the Premises are taken by eminent domain,
this Lease shall terminate as of the date title to the Premises vests in the condemning
authority. In the event a portion of the Premises is taken by eminent domain, either
party shall have the right to terminate this Lease as of said date of title transfer, by
giving thirty (30) calendar days' written notice to the other party. If it is feasible to
relocate the Improvements to a different location on the Property without any impairment to
the quality of service provided by the Improvements, the parties agree that the Premises will
be relocated. A survey will be prepared for the relocated Premises (including access and
utility easements) at Landlord's expense, and the survey will replace Exhibit B attached
hereto. In the event of any taking under the power of eminent domain, Tenant
shall not be entitled to any portion of the reward paid for the taking and' Landlord shall
receive full amount of such award. Tenant hereby expressly waives any right or claim
to any portion of all damage awards, whether awarded as compensation for diminution in
value of the leasehold or the fee of the Premises. Tenant shall have the right to claim
and recover from the condemning authority, but not from Landlord, such
compensation as may be separately awarded or recoverable by Tenant on account of any
and all damage to Tenant's business and any costs or expenses incurred by Tenant in
moving/removing its equipment, personal property, and Improvements.
21. Indemnity.
a. Disclaimer of Liabill-Ly: Except for the negligence or willful misconduct
of Landlord, Landlord shall not at any time be liable for injury or damage occurring
to any person or property from any cause whatsoever arising out of Tenant's
construction, maintenance, repair, use, operation, condition or dismantling of the
Property, the Premises, the Access Easement, and any Improvements made by Tenant.
b. Indemnification: Tenant agrees to indemnify and hold Landlord
harmless as provided herein to the maximum extent possible under law. Accordingly,
Tenant agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless Landlord, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, causes of action, judgments, damages, costs,
attorney fees, government orders, penalties, or other requirements (collectively,
"Claims"), including costs of defense thereof for injury to persons, death, or property
damage which is caused by or arises out of Tenant's exercise of rights and privileges
LEASE AGREEMENT AT Joint Use 3.5 Million Tank — Page 9 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
granted by this Lease, except to the extent of the Landlord's negligence and willful
misconduct.
Landlord agrees to indemnify and hold Tenant harmless as provided herein to
the maximum extent possible under law. Accordingly, the Landlord agrees for itself, its
successors, and assigns, to defend, indemnify, and hold harmless Tenant, its appointed
and elected officials, and employees from and against liability for all Claims, including
costs of defense thereof for injury to persons, death, or property damage which is caused
by or arises out of Landlord's exercise of rights and privileges granted by this Lease,
except to the extent of the Tenant's negligence and willful misconduct.
C. Assumption of Risk: Tenant undertakes and assumes for its
officers, agents, affiliates, contractors and subcontractors and employees all risk of
dangerous conditions, if any, on or about the Property, the Premises and the Access
Easement. Tenant's assumption of risk shall not apply; (i) to any latent defects or
other dangerous situations, if Landlord knows or should know that defect or situation
exists but has not disclosed that information to Tenant, or (2) to any dangerous conditions
arising from Landlord's negligence or willful misconduct.
22. Insurance. Tenant agrees to comply with the insurance requirements of
Exhibit E at all times during the Term of this Lease. Any payment of deductible or
self -insured retention shall be the sole responsibility of the Tenant.
23. Hazardous Substance Indemnification. Tenant represents and warrants that
its use of the Premises and Access Easement will not result in the negligent or
intentional introduction, storage, disposal, or transport over the Premises and Access
Easement of any hazardous substance in violation of any federal or state law.
Tenant further agrees to hold Landlord harmless from and indemnify Landlord against
any release of any such hazardous substance introduced by Tenant and any damage,
loss, or expense or liability resulting from such release, including all reasonable
attorneys' fees, costs and penalties incurred as a result thereof, except any release
caused by the negligence or willful misconduct of Landlord, its employees or agents.
Similarly, Landlord warrants that the Premises and Access Easement are free of any
hazardous substances and agrees to indemnify and hold Tenant harmless from the
Landlord's negligent or intentional introduction of any hazardous substance on the
Property. "Hazardous substance" shall be interpreted broadly to mean any substance or
material defined or designated as hazardous or toxic waste, hazardous or toxic material,
hazardous or toxic or radioactive substance, or other similar term by any federal, state
or local environmental law, regulation or rule presently in effect or promulgated in
the future, as such laws, regulations or rules may be amended from time to time;
and it shall be interpreted to include, but not be limited to, any substance which
after release into the environment will or may reasonably be anticipated to cause
sickness, death or disease.
24. Holding Over. Any holding over after the expiration of the Term of this Lease,
with the consent of the Landlord, shall be construed to be a tenancy from month to
month and rent shall be paid by Tenant at one hundred twenty-five percent (125%) of the
LEASE AGREEMENT AT Joint Use 3.5 Million Tank — Page 10 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
monthly proration of the annual Rent in effect upon the expiration of the Lease, but shall
otherwise be on the same terms and conditions herein specified, so far as applicable.
25. Acceptance of Premises. With the exception of latent defects and any
hazardous substance contamination existing prior to the Rent Commencement Date, by
taking possession of the Premises, Tenant accepts the Premises and Access Easement
"AS -IS," in the condition existing as of the Rent Commencement Date. Landlord makes
no representation or warranty with respect to the condition of the Premises or Access
Easement, or their fitness for any of Tenant's intended uses thereof.
26. Estol2pel Certificate. Tenant shall, at any time and from time to time upon
not less than thirty (30) calendar days' prior request by Landlord, deliver to Landlord a
statement in writing certifying that (a) the Lease is unmodified and in full force (or if
there have been modifications, that the Lease is in full force as modified and identify the
modifications); (b) the dates to which Rent and other charges have been paid; (c) so
far as the person making the certificate knows, Landlord is not in default under any
provisions of the Lease; and (d) such other matters as Landlord may reasonably request.
27. Notices. All notices, requests, demands, and other communications
required to be sent pursuant to this Lease shall be in writing and shall be deemed given
if mailed, certified mail, return receipt requested, or by a nationally recognized courier
service, to the following addresses:
If to Landlord, to: Public Works Department, Attn: Water System Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
With a copy to: City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If to Tenant, to: King County Facilities Management Division
Real Estate Services, Attn: Leasing Supervisor
Re: Kent Repeater PSERN Lease
500 Fourth Avenue, Suite 830
Seattle, WA 98104
With a copy to: King County Facilities Management Division
Director's Office, Attn: Gail Houser
Re: Kent Repeater PSERN Lease
500 Fourth Avenue, Suite 800
Seattle, WA 98104
With a copy to: King County Department of Information Technology
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 11 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
Puget Sound Emergency Radio Network
Attn: Marlin Blizinsky
Re: Kent Repeater PSERN Lease
401 Fifth Avenue, Suite 600
Seattle, WA 98104
28. Assignment and Subletting. Tenant shall not sublet all or any part of the
Premises. Tenant shall not assign its interest in this Lease without Landlord's prior
written consent, which will not be unreasonably withheld. Consent by Landlord to any
assignment shall not constitute a waiver of the necessity of such consent to any
subsequent assignment. This prohibition against any assignment or subletting shall be
construed to include a prohibition against any subletting or assignment by operation of
law. Landlord acknowledges that Tenant and other municipalities participating in the
PSERN System intend to establish a new governmental non-profit entity that will
eventually own and operate the PSERN System. Notwithstanding anything in this Lease to
the contrary, Tenant may assign its interest in this Lease, without the Landlord's consent,
to that governmental non-profit entity or to any entity existing now or in the future that
will be responsible for the operation, maintenance, management, updating and upgrade or
replacement of the PSERN System as authorized by law; provided that Tenant shall
provide notice to Landlord within forty-five (45) calendar days after the execution date of
such assignment. In the event of an assignment, the assignee shall assume all liability of
the assignor and Tenant will be relieved of all future performance, liabilities and
obligations under this Lease to the extent of such assignment.
29. Other Leases. Nothing in this Lease shall preclude Landlord from leasing
other space for communications equipment to any person or entity that may be in
competition with Tenant, or to any third -party, subject to the provisions of Section 13(c)
above.
30. Successors and Assigns. This Lease shall run with the land and be binding
upon and inure to the benefit of the parties, their respective successors, personal
representatives and assigns.
31. Non -Waiver. Failure of either party to insist on strict performance of any of
the conditions, covenants, terms or provisions of this Lease or to exercise any of its
rights hereunder shall not waive such rights, but such party shall have the rights to
enforce such rights at any time and take such action as might be lawful or authorized
hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord
after a breach of this Lease shall not be deemed a waiver of such breach unless expressly
set forth in writing.
32. Taxes. Tenant shall pay all real and personal property taxes (or payments
in lieu of taxes) and assessments for the Premises and Access Easement that are directly
the result of Tenant's Improvements, if any, which become due and payable during the
Term of this Lease.
33. Miscellaneous,
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 12 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
a. Landlord and Tenant represent that each, respectively, has full right,
power, and authority to execute this Lease.
b. This Lease constitutes the entire agreement and understanding of the
parties and supersedes all offers, negotiations, and other agreements of any kind. There
are no representations or understandings of any kind not set forth herein. Any modification
of or amendment to this Lease must be in writing and executed by both parties.
C. This Lease shall be construed in accordance with the laws of the State
of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or
obligations of this Lease shall be in the King County Superior Court. In the event of claim
or litigation to enforce any terms of this Lease, each party shall be responsible for its own
legal costs and attorney fees except as noted in Sections 21 and 23.
d. If any term of this Lease is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Lease, which shall continue in full
force and effect.
e. Landlord covenants that Tenant, on paying the Rent and performing
the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
f. Landlord agrees to sign a short form Memorandum of Lease that
Tenant may record at Tenant's expense.
34. Non -Discrimination. Landlord and Tenant, for themselves, their successors,
and assigns as a part of the consideration hereof, do hereby covenant and agree to
comply with all civil rights and anti -discrimination requirements of federal, state or local
laws applicable to the Property, including, without limitation, Chapter 49.60 RCW.
Landlord and Tenant shall not discriminate on the basis of race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based upon a
bona fide occupational qualification, in the employment or application for employment or
in the administration or delivery of services or any other benefits under King County Code
Ch. 12.16,125. Tenant shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit such discrimination. These laws
include, but are not limited to, Chapter 49.60 RCW, and Titles VI and VII of the Civil
Rights Act of 1964. Any violation of this provision shall be considered a default of this
Lease and shall be grounds for cancellation, termination, or suspension, in whole or in
part, of this Lease and may result in ineligibility for further agreements between the
parties.
35. Effective Date. This Lease is executed and shall become effective on the last
date both parties execute this Lease, as indicated below (the "Effective Date"). If the
Effective Date occurs after the Rent Commencement Date, any act consistent with the
authority and obligations described herein that takes place after the Rent
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 13 of 24
(Landlord: City of Kent, Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
Commencement Date, but prior to the Effective Date, is hereby ratified and affirmed by
the parties to this Lease.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of
the date and year set forth below.
LANDLORD:
CTTV nF 1(FNT
APPROVED AS TO FORM:
Kent Law Dep rtment
TENANT: ...-
KING C UN Y
By:
Print N e: Ant n Q. Wright
Its: E)irecto Fa ilitie Management Division
Date:'r -7-7 V i
� L �
APPRO E❑ AS TO FORM:
v
Busch Law Firm PLLC
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 14 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated: -41zP'11/-1
-Notary Seal Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day. %voAr first above written.
N�� '`4a�.►�, (Signs re)
NOTARY PUBLIC, in and for the State
f'•,,` p+�``"�«` ��`� of Washington, residing at
WASW� •�'� MY appointment Tres �?
.■.ti��` pP expires
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 15 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Anthony O. Wright is
the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Director, Facilities Management Division, of King County
to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated: 7 2�
-Notary Seal Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written. A
STEVE RIZIKA
Notary Public
State of Washington
My commission Expires
May 30. 2019
( Ignature)
NOTARY PUBLIC, in and for the State
of Washington, residing at (ft1rctr TS10%4
My appointment expires
LEASE AGREEMENT AT Joint Use 3.5 Million Tank — Page 16 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT A
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY
The west 150 feet of the south 300 feet of the north 330 feet of the southeast quarter of
the southwest quarter of the southeast quarter of Section 33, Township 22 North, Range 5
East, W.M., ALSO,
The portion of the southwest quarter of the southwest quarter of the said southeast quarter
of Section 33 lying easterly of the westerly 508 feet thereof, and northerly of the southerly
429 feet of the said southwest quarter of the southwest quarter of the southeast quarter
and southerly of the northerly 30 feet of the said southwest quarter of the southwest
quarter of the southeast quarter; ALSO,
That portion of the south 300 feet of the north 330 feet of the southwest quarter of the
southwest quarter of the said southeast quarter of Section 33 lying southerly of the north
line of the southerly 429 feet of the said southwest quarter, and easterly of the following
described line:
Beginning at a point on the south line of the said southwest quarter of the southwest
quarter of the southeast quarter which is 508 feet easterly of the southwest corner thereof;
Thence northerly to a point on the said north line of the southerly 429 feet of the southwest
quarter which is 509.70 feet easterly of the west line of the said southwest quarter and the
terminus of said line description;
Together with an easement over, under and across the east 30 feet of the west 180 feet of
the north 330 feet of the southeast quarter of the southwest quarter of the southeast
quarter of Section 33, Township 22 North, Range 5 East, W.M.;
And together with an easement over, under and across the north 30 feet of the west 150
feet of the said southeast quarter of the southwest quarter of the southeast quarter; ALSO
that portion of the north 30 feet of the southwest quarter of the said southwest quarter of
the southeast quarter lying easterly of 124th Avenue Southeast; ALSO that portion of the
south 30 feet of the northwest quarter of the said southwest quarter of the southeast
quarter lying easterly of 124th Avenue Southeast;
Situated in the County of King, State of Washington.
Address: 12523 SE 286th Place, Auburn, WA
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 17 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT B
(Page 1 of 2)
DEPICTION OF PREMISES
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LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page IS of 24
(Landlord; City of Kent; Tenant: King County for PSERN) (2017)
EXHIBIT
(Page 2 of 2)
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
T/ (E) RELOCATED 1.1011TNING ROD {1-
- - - ELEVATIONi A:105.-C T
y�
N) PIPE "TENSION POR
f) UCIMING ROD
TENANTS ANTENNAS
TENANT'S ANTENNAS
{ly _T/_ (E) WATER _TANk
T ELEVATION: tt 10'-O' - - —
I iL") "� sUw HIGH
TOWER
(� WATER TANK BEYOND
(N) WAVEQAOE ROUTE
- (N) RETAINING WALL (BEYOND)
(N) 70'-4' k 25'-9' GRAVEL LEASE
AREA AND S' HIGH CHAIN LviK FENCE
� i I
h
[N) Urllm RN: K WITH
iUlIK(L"Y AIFTER NIJO
YWN RRFAKER
- I
- (N) 12'lI3D' PRE-FABMCAT®
EQUIPMENT' SNE•LTER W/ 5OKW
N IATtUSCAAIHC M FRONT OF r 1EVCRCENfV HACBUP OEl�FpTOR
E FENCE To BE r,'-G' O.C..
ii'-?' IN HEk:Hf AT pUNTIR[: (N) Uif11Cti GRADE IIUFFLF7t RK
(V(I)ERATOR E%HAIA'sT STFAck pANO
LIN(E) EAUIPUErri SHELTER OINSCHAR�OE I�IN�TATKE LAUVER5
(BEYOND)
i N) 5' HIGH CHAIN UNK ROUBLE
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SLATS (COLORI BROW)
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(N) WARVAM ItET1Af*L (N) encn GALLCN rnEstL tuTL G!m
Low NWSE BLOWER KIT
a -FORAGE TANK w5'-&"xA'-A") O-O.
ON EACH
A/C LINEr PROVIDE ATMOS�IiERIC VENT PIPE (N) S• PIPE
To 12'-W AOL MIN. 1ARD, TYP.
LEASE AGREEMENT AT Joint Use 3.5 Million Tank - Page 19 of 24
(Landlord: City of Kent; Tenant: King County for PSERN) (2017)
King County Lease #: PSERN-05
King County Site Name; Kent Repeater
EXHIBIT C
LEGAL DESCRIPTION OF ACCESS EASEMENT
AN ACCESS EASEMENT 20.00' FEET IN WIDTH, 10.00' ON BOTH SIDES OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., THENCE N01°04'27"E A DISTANCE OF 327.49 FEET
ALONG THE CENTER OF SECTION LINE; THENCE S88140'47"E A DISTANCE OF
510.05 FEET TO THE SOUTHWEST CORNER OF THE SERVIENT PARCEL AS
DESCRIBED ON THIS SHEET; THENCE N01104'47"E A DISTANCE OF 70.61 FEET
ALONG THE WEST LINE OF SAID SERVIENT PARCEL; THENCE S88037'37"E A
DISTANCE OF 133.45 TO THE POINT OF BEGINNING;
THENCE S88037'37"E A DISTANCE OF 116.79 FEET; THENCE N01109'42"E A
DISTANCE OF 265.02 FEET; THENCE S89022'50"W A DISTANCE OF 159.35 FEET;
THENCE N88040'47"W A DISTANCE OF 571.42 TO THE EAST RIGHT-OF-WAY OF
124TH AVE SE, SAID POINT BEING THE TERMINUS OF THIS EASEMENT.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Uc
9 118761 p :'ski
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King County Lease #: PSERN-05
King County Site Name: Kent Repeater
SCOPE OF WORK TO BE COMPLETED BY KING COUNTY/PSERN
• 12'x30' prefabricated equipment Shelter with 50KW diesel generator
Retaining walls and grading around the Tenant's Shelter
• 1,000 gallon above -ground diesel fuel tank
• Ice bridge between the Shelter and the Landlord's existing Tower
• New gravel turnaround
• Landscaping along a portion of the existing south fence line (as may be
required by Tenant's Government Approvals)
• New access gate within the existing fence line
C Two (2) new microwave dishes installed at 145' centerline on the Landlord's
existing Tower
c All necessary cables, conduit, lines and associated equipment and
improvements
c New 6' high chain link fencing to isolate the Premises from the Landlord's water
tank facilities located on the Property.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
EXHIBIT E
INSURANCE REQUIREMENTS
I. General Insurance Requirements
Tenant shall procure and maintain, for the duration of this Lease, insurance against
claims for injuries to persons or damage to property that may arise from or in
connection with the Tenant's operation and use of Landlord's facilities.
Tenant maintains a fully funded self-insurance program for the protection and
handling of the Tenant's liabilities including injuries to persons and damage to
property.
Landlord acknowledges, agrees and understands that Tenant is self -funded for all of
its liability exposures. Tenant agrees, at its own expense, to maintain, through its
fully funded self-insurance program, coverage for all of its liability exposures for this
Lease. Tenant agrees to provide Landlord with at least thirty (30) days prior written
notice of any material change in Tenant's self -funded insurance program and will
provide Landlord with a letter of self-insurance as adequate proof of coverage.
Landlord further acknowledges, agrees and understands that Tenant does not
purchase commercial general liability insurance and is a self -insured governmental
entity; therefore Tenant does not have the ability to name Landlord as an additional
insured.
If Landlord is not a governmental agency which maintains a fully funded self-
insurance program in accordance with applicable law, Landlord will maintain
commercial general liability insurance in the amount of Two Million Dollars
($2,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate,
based on ISO Form CG 00 01 or equivalent, and will include Tenant as an additional
insured with respect to claims arising out of or related to this Lease.
Landlord shall carry "All Risk" property insurance in an amount equal to the full
replacement value of its structures and improvements on the Property.
Tenant shall maintain "All Risk" property insurance in an amount equal to the full
replacement value of all of its improvements and personal property located on the
Premises or shall self -insure improvements and personal property on the Premises.
Notwithstanding any language to the contrary contained in this Lease, Landlord and
Tenant agree that they shall not make a claim against or seek recovery from the
other for any loss or damage to their property, or the property of others, resulting
from fire or other hazards covered by fire insurance or required to be covered under
this Lease and each hereby releases the other from any such claim or liability
regardless of the cause of such loss.
Tenant agrees to ensure all contractors, sub -contractors, consultants or other
parties utilized by Tenant to perform work on Landlord's Property are fully insured
to the extent of coverage specified in Subsection II of this Exhibit E.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
II. Specific Insurance Requirements
If Tenant ceases to maintain the aforementioned program of self-insurance, Tenant
shall obtain insurance of the types and limits described below:
A. Minimum Scope of Insurance:
1. Commercial General Liabilit insurance shall be written on
Insurance Services Office ("ISO") occurrence form at least as broad as
CG 00 01 and shall cover premises liability, contractual liability,
products -completed operations liability, and independent contractors
liability. The Landlord shall be named as an additional insured on
Tenant's commercial general liability insurance policy using a form at
least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and
CG 20 37 forms if later revisions used.
2. Automobiilellability insurance covering all owned, non -owned, hired
and leased vehicles. Coverage shall be written on ISO form or a
substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
B. Minimum Amounts of Insurance
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate.
2. insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
The coverage amounts set forth may be met by a combination of underlying and
umbrella policies so long as in combination the limits equal or exceed those stated.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for commercial general liability insurance:
1. Tenant's insurance coverage shall be primary insurance with respect to
the Landlord. Any insurance or self-insurance coverage maintained by
the Landlord shall be excess of the Tenant's insurance and shall not
contribute with it.
2. Tenant is contractually obligated to provide at least 30 days prior
notice to Landlord in the event of cancellation of any coverage related
to this Lease.
3. Tenant's insurance coverage shall be written on an occurrence basis
only. Claims made coverage is not acceptable.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A-,VII.
King County Lease #: PSERN-05
King County Site Name: Kent Repeater
E. Verification of Coverage.
If Tenant ceases to maintain the aforementioned program of self-insurance, upon
Landlord's request, Tenant shall furnish Landlord with original certificates of
insurance and a copy of the additional insured endorsement, evidencing the
insurance requirements of the Tenant, and Landlord shall be named as an
additional insured.
LIM
King County
Office of Risk Management Services
Department of Executive Services
500 Fourth Ave #320
Seattle, WA 98104
(206) 263-2250
KING COUNTY CERTIFLCATE OF SELF-INSURANCE - 2017
This letter is to certify that King County is fillly self-fimded for all of its liability exposures. Should
an incident occur involving the negligence of County employees acting in the scope of their
employment, our self-fitnded program would respond.
King County, charter county government under the constitution of the State of Washington, maintains
a fully funded Self -Insurance program for the protection and handling of the County's liabilities,
including injuries to persons and damage to property.
This letter is also to certify that King County is protected from physical loss under the County's
blanket property insurance policy. The policy is an "All Risk" policy that provides the County with
protection for al I County property wherever located.
Please note that this certificate is issued for informational purposes only and neither confers any
rights, nor constitutes an agreement between King County and any other party.
If you have any questions, please do not hesitate to contact the King County Office of Risk
Management Services, Insurance and Contracts group at the phone number above.
Sincerely,
The Office of Risk Management Services
Insurance and Contracts Group
Rev 3/1/2017