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HomeMy WebLinkAboutPW10-001 - Original - Metromedia Fiber Network Services, Inc. - Limited Street License - 06/10/2000LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND METROMEDIA FIBER NETWORK SERVICESO INC' THIS LIMITED STREET LICENSE ("License") is entered into between the CITY OF KENT, a Washington Municipal corporation ("city"), and METROMEDIA FIBER NETWORI( SERVICES' INC.' a Delaware corporation ("MFNS")' RECITALS WHEREAS, MFNS intends to create a fiber optic telecommunications network in the greater Seattle area, including the City of Kent, to provide telecommunications services to -ommercial, governmental and educational institutions within the City as well as other telecommunications carriers ; and WHEREAS, as part of that network, MFNS seeks to acquire tu,o l-114" inch conduit containing fiber optic "ubl., and associated facilities and equipment, from Pacific Fiber Link's, L.L.C.,1,;pFL'I multiconduit fiber optic communications system located alongside West Valley Highway between 180th Street South and277th Street south; and WHEREAS, MFNS seeks to operate, inspect, maintain, tepair, use, remove, reconstruct, replace, and to otherwise utilizein any lawful manner the facilities acquired from PFL; and WHEREAS, MFNS may acquire, construct, install, operate, inspect, maintain, repair, use, remove, reconstruci, replace utrd oihrr*ise utilize in any lawful manner additional fiber optic facilities in other ur.u, of the City as shown on the map attached as Exhibit"A", as set forth in the Explanatory Notes to Map and Description of Operations attached as Exhibit "B" or as otherwise to be subsequently provided and approved by the City; and WHEREAS, MFNS has requested that the City grant a License to use City right-of-way described in Exhibii "A" and Exhibit "B" to acquire, construct, install, operate, inspect, maintain, repair,use, remove, reconstruct, replace and to otherwise utilize MFNS' fiber optic network in any lawful manner; and WHEREAS, the City is willing to enter into this License under the terms and conditions set forth in this License ,o ihut MFNS can (i) acquire facilities from PFL, (ii) construct, install and acquire additional facilities required for its network and, (iii) operate, use, inspect, maintain, repair, i.*o1,., reconstruct and replace operate, maintain, inspect, repair and otherwise utilize in any lawful manner its Fiber Optic Network (defined below); and WHEREAS, MFNS has agreed to install and maintain a four (4") conduit and pullboxes for the City alongrid. vtrNs' fiber optic line in consideration for this License in the mafller provided in this License; LIMITED STREET LICENSE AGREEMENT - 1 (Metromedia Fiber Network Services, Inc.) NOW, THEREFORE, THE CITY AND MFNS AGREE AS FOLLOWS LICENSE l. License Granted. Because a significant portion of the proposed Fiber Optic Network lies within pacific Fiber Link conduit, the City grants MFNS this Limited Street License for the period ending December 31, 2008, to acquire, install, construct, operate, maintain, remove, repair, reconitruct, replace, use, inspect and to otherwise utiltze in any lawful manner a Fiber OptiC Network across, al-ong, in, upon, and under the City's right-of-ways in such locations as authorized by the City, as described in Exhibit "A" and Exhibit "8", which arc attached and incorporated by this reference. This License may be renewed for one additional five (5) year term, upon terms and conditions satisfactory to the City and MFNS' This License is subject to all the terms and conditions established below. "Fiber Optic Network" means the telecommunications facilities consisting generally of the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics, and other appurtenances used, or to be used, to transmit, receive distribute, provide or o ffer telecommunications s ervices. Z. City Owned Facilities. MFNS shall provide and install a four-inch (4") conduit with pullboxes foi and on behalf of the city at no cost to the city as set forth more specifically in Exhibit ,,C" attached and incorporated by this reference ("City Facilities"). The City Facilities shall be installed alongside und ,orrro.rently with the fiber optic line identified on Exhibit A within the borders of the city. Except for the West Valley Highway route, the City reserves its option to provide innerduct and fiber optic lines and conduits along the other designated routes noted in Exhibit,.A." The City intendr to *tr its own innerduct and fiber optic line through the City Facilities at some future time and the City Facilities shall be adequate for such purpose' ffre City Facilities shall be owned by the City and once installed, MFNS shall not be responsible for it. ih. for.going notwithstanding, so long as the City owns the City Facilities, it shall not permit arry perron or entity, except G Clty or a public non-coflrmercial agency, to use lhe lity i'acilities oi uny innerduci, fiber optic line or other facility running through it. The City shall limit its use of the City Facilities ind any innerduct, fiber optic or other facility running through strictly to public, non-commercial and non-income producing activities. 3. Revocation and Termination. The intent of this License is to authorize MFNS to aCquire, construct, inStall, operate, use, inSpect, maintain, repAit, remove' recOnstruct, replaCe or to otherwise utilize in any lawful manner i1s Fiber Optic Network on the designated City right- of-ways, which rightof-ways constitute a valuable property interest owne{ by the City' This License does not grant an.rtut" in the land occupied by MFNS's Fiber Optic Network; it is not an easement; it is not a franchise; it is not exclusive. As a license upon real property, it is revocable at the will of the City. However, prior to termination or revocation by the City, the City shall provide MFNS with at least sixty (60) calendar days written notice of that termination or revocation setting forth the reasons for iermination or revocation and provide an opportunity to MFNS for a fuIl ind fair hearing prior to termination or revocation. Upon the effective date of the City's termination or revocation, the City may require MFNS to remove the Fiber Optic LIMITED STREET LICENSE AGREEMENT - 2 (Metromedia Fiber Network Services, Inc.) Network within ninety (90) calendar days; if MFNS fails to remove the Fiber Optic Network within the allotted time the City may remove all or part of the Fiber Optic Network and MFNS waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Fiber Optic Network. 4, Permits Required. The City's grant of this License does not release MFNS from any of its obligations to obtuitt applicable local, state, and federal permits necessary to acquire, install, construct, operate, maintain, removg, repair, reconstruct, replace, use, inspect or to otherwise utilize the piber Optic Network for any lawful purpose. MFNS's failure to comply with this Section 4 shall constitute grounds for immediate revocation of this License by the City, provided that the -ity ttur given vfFNS thirty (30) calendar days to cure this non-compliance and MFNS continues to fail to comply after such opportunity is given. 5. Relocation MFNS shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate or remove, all or a part of its Fiber Optic Network when reasonably required by the City for reasons of traffic conditions or public safety, widening or improvement of existing right-of-ways, change or establishment of street gtade, or the construction of any public improvement or structure by any governmental agency acting in a government al capaciy, provided that MFNS shall, upon receiving approval and obtaining the i"."rrury permiti from ihe City, have the right to bypass in the authorized portion of the same right-of-way, any section of cable required to be temporarily disconnected or removed. 5.1. For the purposes of this Section 5, any condition or requirement imposed by the City upon itself or any person or entity acting on the City's behalf (including without limitation any condition or requirement imposed pursuant to any contract or in conjunction with approvals foi permits for zoning, land use, construction, or development by the City or such ."iity acting on th" City's behaif that reasonably necessitates the relocation of MFNS's Fiber Optil Netw-ork within tire right-of-ways described in Exhibit'oA" shall be a required relocation for purposes of the previous subsection. S.Z. If the City, under its authority, causes a required relocation of all or part of the Fiber Optic Network, the City, at least ninety (90) calendar days prior to the commencement of the project requiring relocaiion, shall provide written notice to MFNS of the required relocation and shall piovide MFNS with copies of pertinent portions of the plans and specifications for the project. After receipt of the City's notice, MFNS must complete the required relocation of iis affected Fiber Optic Network at least ten (10) calendar days prior to the commencement of the project requiring relocation. MFNS will complete this required relocation at no charg. o, "*p.rrre io the bity. Further, MFNS's relocation shall be accomplished in a manner that accommodates and does not interfere with the project requiring relocation. The City shall exercise its best efforts to assist with this relocation, including without limitation, priority processing of all necessary permits and approvals. S.3. MFNS may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City. The City will evaluate those alternatives to determine if any of the alternatives can accommodate the work that would otherwise necessitate the relocation LIMITED STREET LICENSE AGREEMENT - 3 (Metromedia Fiber Network Serttices, Inc.) of the Fiber Optic Network. If requested by the City, MFNS will submit additional information to assist the City in making its determination. The City will give each alternative proposed by MFNS full and fair consideiation. In the event the City ultimately determines that no reasonable or feasible alternative exists, MFNS shall relocate its Fiber Optic Network as otherwise provided in this Section 5. 5.4. In the event thatarelocation of any of the Fiber Optic Network is required by any person or entity other than the City, so long as that person or entity is not acting on the City'. behalf in conducting any of the activities described in this Section 5, MFNS shall make those arrangements, including reimbursement for all of MFNS's relocation cost, that it deems appropriate with that person or entity. 5.5. The provisions of this Section 5 shall survive the expiration or termination of this License, unless MFNS is permitted by the City to temporarily or permanently abandon its Fiber Optic Network. 5.6 MFNS shall not be responsible for any costs associated with relocation of the City Facilities throughout this Section 5' G. (Jndergrounding. MFNS shall, wherever possible, underground its Fiber Optic Network. MFNS shall not erect poles, run or suspend wires, cables, or other facilities in any area where there are no aerial facilitils, or in any area in which telephone, electric power wires and cables have been placed underground. Nevertheless, if at the time of permit application, the City does not require the undergrounding of all or part of the Fiber Optic Network, the City may, at any time *ttil. this Licenie is in effect, require the conversion of MFNS's aeial facilities to underground installation at MFNS's sole cost and expense. 6.1. Whenever the City requires undergrounding of any aerial utilities in the street right-of-ways, MFNS shall underground its aerial facilities in the manner specified by the City coicunently with the other affected utilities. If MFNS has aerial facilities being placed underground and other utilities are present and involved in the undergrounding project, MFNS shall fay its fair share of common costs born by all utilities in addition to the costs specifically attributable to the undergrounding of MFNS's own facilities. Common costs shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for commontrenching and utility vaults. "Fair share" shall be determined for a project on the basis of the number and size of MFNS's facilities being undergtounded in comparison to the total number and size of all other utility facilities being undergrounded. If all of MFNS's facilities were underground prior to any undergrounding projects contemplated by this Section 6, MFNS shall not be required to pay any amounts pursuant to this Section 6. 7. Emergency. In the event of any emergency in which any portion of the Fiber Optic Network breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, MFNS shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining u p.ritit as required by this License. However, this emergency work shall not relieve MFNS LIMITED STREET LICENSE AGREEMENT - 4 (Metromedia Fiber Network Services, Inc.) from its obligation to obtain all permits necessary for this purpose, and MFNS shall apply for those permits within the next two succeeding business days. 8. IndemniJication. MFNS shall comply with the following indemnification requirements: 8.1. MFNS shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of MFNS's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of MFNS, its employees, agents, contractOrS, subcontraCtors, consultants, subconsultantS or aSsigns. 8.2, The City's inspection or acceptance of any of MFNS's work when completed shall not necessarily be grounds to avoid any of these covenants of indemnification. 8.3. These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that MFNS or its insurer shall not be liable to indemnify the City for any settlement agreed upon without the consent of MFNS or its insurer where such consent is required by the insurer; however, if MFNS or its insurer consents to the agreed upon settlement, tlien MFNS or its insurer shall indemnify and hold the City harmless as piovided for in this Section 8 by reason of that settlement. Moreover, if MFNS or its insurer wrongfully refuses to defend the City against claims by third parties, MFNS or its insurer shall inaerinifythe City regardless of whether the settlement was made with or without MFNS's or its insurer's consent. 8.4. In the event that MFNS refuses to tender defense in any claim, action or suit by a third party pursuant to this Section I and if MFNS's refusal is subsequently determined -by a court travlng iurisdiction (or such other tribunalthat the parties shall agree to decide the matter; to have been a wrongful refusal, then MFNS shall pay all the City's reasonable costs for defense of the action, including all legal costs, witness fees and attorneys' fees and also including the City's reasonable costs, lncluding all legal costs, witness fees and attorneys' fees, for recovery under this indemnification clause Section 8. 8.5. The provisions of this Section 8 shall survive the expiration or termination of this Agreement. g. fnsurance. MFNS shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by MFNS, its-agents, representatives, contractors, subcontractors, consultants, subconsultants or assigns. 9.1. Before beginning work on the project described in this License, MFNS shall provide a Certificate of Insurance evidencing: LIMITED STREET LICBNSE AGREEMENT - 5 (Metromedia Fiber Network Services, Inc.) 9.1.1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 9.1.2. Commercial General Liability insurance written on an occulTence basis with limits no less than $1,000,000 combined single limit per occuffence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not Ue limited to: blanket contractual; products/completed operations/broad form property damage: explosion, collapse and underground (XCU), and employer's liability. 9.1.3. Excess Liability insurance with limits not less than $4,000,000 per occurrence and aggregate. g.2. Any payment of deductible or self-insured retention shall be the sole responsibility of MFNS. 9.3. The City, its officers, officials, employees, agents and assigns shall be named as an additional insured on the insurance policy as their respective interests may appear, as respects work performed by or on behalf of MFNS and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. g.4. MFNS's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 9.5. MFNS's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail of any cancellation, suspension or material change in coverage. 10. ModiJication. This License may not be modified, altered, or amended unless first approved in writing by the City and MFNS. 11. AssignmenL MFNS may assign all or any portion of its rights, benefits, and privileges, in and *d.r this License subject to and conditioned upon approval of the City, which upprou-ut will not be unreasonably withheld or delayed. MFNS shall, no later than thirty (30) days of the date of any proposed assignment, file written notice of intent to assign the License *itt th. City togeth.r-*ith-th. assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, MFNS shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the Trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with MFNS so long as notice of same is provided to the City and prtvided vtpNS remains fully liable to the City for compliance with all the terms and conditioni hereof until such time as the City shall consent to such assignment as provided above. LIMITED STREET LICENSE AGREEMENT - 6 (Metromedia Fiber Network Services, Inc.) MFNS may, without the prior written consent of the City: (i) Lease the Fiber Optic Network, or any portion thereof, to another; or (ii) Grant an Indefeasible Right of User Interest in the Fiber Optic Network, in any portion thereof, to another, or (ii) offer or provide capacity or bandwidth from the Fiber Optic Nefwork to another, PROVIDED THAT: Nothwitstanding use of the term "Indefeasible" in the foregoing section (ii), MFNS shall not grant to another any greater rights than it holds under this Agreement and shall at all times retain exclusive control iver the Fiber Optic Network and remainresponsible for locating, servicing, repairing, relocating or removing its Fiber Optic Network pursuant to the terms and conditions of this License. lZ. Dispute Resolution; Venue; Jurisdiction. In the event of any alleged breach or threatened breach of this License by either party and if the City and MFNS are unable to cure the breach or otherwise resolve their dispute, then final resolution of this dispute or claim shall occur exclusively under the jurisdiction, venue, and rules of the King County Superior Court located in Kent, King County, fashington. Each party shall also be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 13. Notice. All notices, requests, demands, or other communications provided for in this License shall be in writing and stratt Ue deemed to have been given when sent by registered or certified mail, return receipl requested, addressed as the case may be, to the addresses listed below for each party, or to zuch other person or address as either party shall designate to the other from time to time in writing forwarded in like manner. City of Kent Contact: CITY CLERK 220FotxthAvenue South Kent, WA 98403 14. Representation and Warranties. Each party covenants and warrants to the other that: (i) it has fu1t rigtrt, power, and authority to execute this Agreement and has the power to grant ati rights hereuider; (ii) its execution and performance of this Agreement will not violate iny law, oidirrurrr", ,o'n"rruni or other agreement binding on said party; and (iii) the execution urri d.li.rrry of this Agreement, and the performance of its obligations hereunder, have been duly authorized ty a[ ,r.rir*y personnel oi corporate officers and do not violate any provisions of law, certificate of incorporation, bylaws or any other law, court order, or decree' 15. Integration Clause. This License contains the entire agreement between the partGs and, in executing it, the City and MFNS do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. LIMITED STREET LICENSE AGREEMENT - 7 (Metromedia Fiber Netvvork Services, Inc.) Metromedia Fiber Network Services, Inc. V.P. Legal Affairs One North Lexington Ave. White Plains, N.Y. 10601 IN WITNESS, this Limited Street License is executed and shall become effective as of the last date signed below. CITY OF KENT: METROMEDIA FIBER NETWORKS INC B White, Mayor B Print Name: Its APPROVED AS TO FORM By: Arthur Assistant Attorney By: Don Wickstrom, Public Works Director F:lDOCSl52836l23lMetomedia Fiber Net|9ork Seilices, Inc, - City of Kent ' Final'doc LIMITED STREET LICENSE AGREEMENT - 8 (Metromedia Fiber Network Sertices, Inc.) 4Jo s s SS o U 14'. fi o) q- sI 78TH AV ul s1!-{. Av o 3 o& o o o C4 a|,0ihi 9-rs s s s I S o 6 soU' 6IAg ttooln ll! E" q P s E fi sg#€ E t I l[" oo,ooo(t tr a+:' d)oILoooc{ ac). Es B E b C 8. fr gEEAEdv.( L(, IuJuJ cll) o!=Eg 6( U5Ro$Jo-r,. r 9J--d o, gE. H F-tzrqM 5', s o s s i; gl\ E''**- 2i $ i. i1" L-' j-;. 5!!.. F. l EXHIBIT B EXPLANATORY NOTES TO MAP AND DESCRIPTION OF OPERATIONS Metromedia has purchased conduit (wo 1.25-inch inner ducts) from Worldwide Fiber, Inc. (WFI) (Pacific Fiber Link's successor-in-interest) to form part of Metromedia's fiber optic telecommunications network in the city of Kent and in the greater Seattle area. Such conduit, as referenced on the map I have provided of Metromedia's proposed Kentroute, will run continuously, north to south, ulong West Valley Highway, between 180m Street S' (on the north) and277th Street (on the south). In addition, Metromedia proposes to extend its route off the West Valley Highway, to the east, to link up with one of US West's central offices (between E. Ward and E. Gowe). As referenced onthe map, the northern border of this route runs east from West Valley Highway along James, then turns south to link up with the US West central office. The route continues south to E. Gowe Ave./St., then west along E. Gowe, forming the southern border of the route, until the route runs back into West Valley Highway' Metromedia expects to lease conduit from US West in the southern portion of the above- mentioned side route that tinks up with the US West central office. Metromedia further expects to install conduit in the northern portion of such side route in order to complete the side route. Similarly, Metromediamay need to build manholes and possibly a l0-to 15-foot length of +t conduit near the other US West central office (located juit south of S. 196th, and just west of 70m Ave. S.). In addition, Metromedia expects to enlist subscribers to its telecommunications services and build out facilities to such customers over, through or under the city of Kent right of way, as needed. F:\DOCS\5283693\Exhibit B MFN - Kent.doc Seattle/5.23.00 EXHIBIT C MINIMUM SPECIX'ICATIONS IIOR CONDUIT AND JUNCTION BOXES All conduit and junction boxes installed for the benefit of the City of Kent pursuant to section 2 of the Agreement shall conform to the following requirements: Conduit: There shall exist no more than 250 feet between junction boxes (also known as manholes) or no more than that approved by the Transportation Engineer ("Engineer"). A junction box shall be placed at each 45" (degree) point in any curve or bend ofconduit. Conduit shall be placed under existing pavement by approved jacking or drilling methods. A11 open cuts to the street shall be approved by the Engineer. No more than one half of the street may be closed at one time when open cuts are performed. Street cuts shall use class "B" asphalt. The class "B" asphalt shall be a minimum 3" (inches) compacted depth or shall match the existing pavement depth, whichever is greater. The materials used to backfill street cuts shall be approved by the Engineer. Streets shall be restored to their original condition as soon as possible or as directed by the Engineer. All conduit shall terminate at a junction box and/or signal junction box where specified by the Engineer' The conduit shall be Schedule 80 PVC or as approved by the Engineer. Ay4'(inch) nylon pull rope shall be installed in all conduit. A minimum depth of 24 inches will be required for the installation of all conduit or such other depth as approved by the Engineer. a a a o a o a a a a \\SEA-ABBOTnDOCS\DOCS\5283693\Exhibit C MFN - Kent.doc Composite junction boxes may be used by permission of the Engineer. The type II and type III junction boxes shall have lids of either a single or double hinge type. No junction box shall placed in a traveled portion of a roadway or driveway. All junction boxes shall be sized to accept both fiber optic and copper wire cable. General Notes applicable to the foregoing requirements: Detailed information on street cuts, size of conduit, wire size and type, and junction boxes and type shall be in the approved construction plans. As buitt plans or drawings shall be provided to the Transportation Engineer showing: street crossings, conduit runs and size, depth, wire size, junction boxes, etc. Junction Boxes: a o 2 \SEA-ABBOTT\DOCS\DOCS\52836V3\Exhibit C MFN - Kent.doc o o o a The Transportation Division shall be involved in all plan reviews and will inspect all conduit, junction boxes and wiring installed withinthe City. 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Clrlfi{${iltde ihsufifig agrccmeht is r part al rnis FolicY. fltfial ini$I sr$[ Pdffqr llilit fl.0Q0,0(d ACvr6ifing hi$"y Erfh lrtsei rhir Ert rvrm llnlpPrfiq4g d&rngcMdical Exlrattsttt fl.00o. qgg Howcver, if no Crtc ir qho$an ebovc qnd rhs clar n15rn lde cf,recancnr aFpti85, wB'll conEicar Ina terrorfiivr dare tq be the sathc ts Thi AOginnlng (rrr of rnrr policy"Slreoo,ooc 'i#ff'.!i;:::: llrm{ Fnt$srscilt T*tt |IsPofhlrt ifotE Anly rnCorsctfl!$rt thfi muit h8yj s8tHrh in?ctmrtisn 1fn hrmad in rhil nhlG Tht mquirrrd infcnrreslon fotlows Enf nrmr of Otncr sneorsomrr*i mry rpFty ioo, ll sa.,hlfrc tigriJ on ne f Jri"v Sn€vl'n for Inem lq rFPry rlch tuch eflqentemenr. Fsrms Lirt. Dcsc-.lbe4 ptf$on Hr oEsrElr{rlon gtrt of geDE 220 Fosttl Avefirs SouEhIonrs 5r 9g4ggIttnr Gluy C[crLttc Glry of re*. rta-ofrr.cerr, cffr+fuIe' q+v:gu, lgcr's and rseigou errIrrrci -sr r4d{rrEet r*;-*J; -.Tii;Tfr;rxr*#,ffi ,tdilT;tri,#HK'i{irff iI##*. lltfic rf l{a*ra ilrtrqnrdtn plbcr ficrsork Folicy *rrfwrtooaolo{Q tftuirr Eilr o:,/sr,/00Fnclsslll q{,. o4/asfoo cll rQr 5-l Ed,a{l Frlntrd ln US.A. Covrrge l$ummrryh.rt Eirr n4 l{azier lnqrrgnr:r r,lo"lllf,I iltRiCttf itfdvfq Fegc 1 t{AY-16-2000 TUE 04:19 Pl{ thrl0-00 l6riE tron-Aoll ilsK IERVIcES llos Covrrrtr F Gtrnlll FA)( NO. +20tt571 057 P, 04 T-540 P.01/04 t-ll5 lEscfiiln Pn8[il qn $cfi[fiIff] B{toR8flHfi' mamoilft TB0IEqIEDPn$offi Thlr cnrlorermmt ehrnlec yo{l Eomm$:lrl €rnrrrl Lirbiliry Frorction ff rr r. Wr *PninwtrrlrwG mqEn FY Ycur s'ork ill thc ProCqifr 4Fd col1{Fl6red$.ork tottl llttli( Tnr followinE ir rd{tq ro lhr Wlo lq Plalccted Untlpr Thic Agrccment eocrioru ltis clcnge .rlds cartalfl protectrd persoilt ilnC linit'r thsir FfolecrioG 0essiEed tilcon !t oBrlia$gIu ThB Flrs.ln or crgilir{tion cnown in thc Covltlgr Silmilffy nt I drrcrihac Frrgcn or orEanirarion ,! 'l - proEafiGd persin, Efi onty tor :overed niury or demags thlt rrrultl from; rpremislr You ovrn. rmr or lcr$c; or ryoqrworh sgction. llftil TofliF All o$er terms of Yoqr policy rcmlin thc tlfie' €ndortenrcnt4eg5e Ed,?-gS Printca in tf,S-A. ostit.ul Fira tnd Mrrinl lnlwrnco Co'lt85 Prgc l of 'l PRODUCER Aon Risk Services ,lnc. of Washington, D.C'l Hunti 112021th Street NW Washington DC 20036 PHONE -Q02)223-0673 FAX- (202) 331-8409 THIS CERTIFICATE 1S ISSUED AS A MA TTER OF INFORMATIOT ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR NIES COMPANY St Paul Fire & Marine lnsurance Co.A INSURED Mekomedia Fiber Network Services, lnc. Attn: Adele Milite 360 Hamilton Avenue, sth Floor lNhile Plains NY 10601 USA COMPANY National Union Fire lns Co of Pittsburgh B COMPANYc COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTA NDING ANY REQUIREMENT, TERM OR CONDIIION OF AI.IY CONTMC T OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU ED OR [4AY PERTAIN, THE INSURANCE AFFORDED BY THE POLIOES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, trXCI IISIONSAND CONDITIONS OF SUCH POLIC [,re cLlrllArl\t tt A lJ OEEII DENI r^tr n DA tn at anrQ co LTR TI'P[ OF I\SUR{\CE FoLlc1-\tlr[€R F0Ltc|tlTEcIlr-E DrlE Or\r/DD .ll FOLIC\'E\PIRTilOI D.\rf onl/DD lJ t.tltfrs A GENERAL UABIUTY COMMERCIAL GENERAL LIABILITYX CTAIMS MADE X OCCUR O\ANER'S & CONTRACTOR'S PROT TE00801 040 COMMERCTAL PACIGGE POLICY o3t31to2 03/31/03 GENERAL AGGREGATE s2.000.000 PRODUCTS . COMP/OP AGG $2,000,000 PERSONAL & ADV INJURY $1,000,000 $1,000,000EACH OCCURRENCE FIRE DAMAGE(AnY one fire)$1,000,000 MED EXP (Any one psson)s10,000 A A A AUTOMOBILE LIABIUTY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS. ' ]' NON.OVINED AUTOS X TEo0801040 COMMERCLqL PAC1GGE POLICY TE00801041 VA BUSINESS AUTO POLICY MAo0800009 MA BUSINESS AUTO POLICY 03t31to2 o3t31lo2 oitztitoz 03/31/03 03/31/03 03/31/03 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY ( Per peEon) BODILY INJURY (Pera6iden0 PROPERTY DAIII,AGE GARAGE LIABIUTY ANY AUTO AUTO ONLY - EAACCIDENT OTHERTT{AN AUTO ONLY: EACH ACCIDENT AGGREGATE B EXCESS UABILITY UMBRELLA FORM OTHER THAN UMBRELIA FORM BE1 399457 UMBRELLA LIABILITY POLICY 03t3'llo2 03/31/03 EACH OCCURRENCE s10,000,000 AGGREGATE s10,000,000 $10,000 : ::::: ::11:: :: ::a: -, a" : : Retained Limit Amoun A WORKER'S COUPENSATIO]'I AND EMPLOYERS' UABIUTY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERSARE F INCL EXCL \M/Ao803208 WORKERS COMPENSATION POLICY a3t3'102 03/31/03 X I'VC STAIU. TNRY I IMITS IOTH.Itrp EL EACH ACCIDENT s1,000,000 EL OISEASE-POLICY LIMIT $1,000,000 EL DISEASE-EA EMPLOYEI s1.000.000 DESCRIPNON OF OPERANONS/LOCATIONSruEHICLES/SPECIAL ITEMS The City of Kent,its officers,officials,employees agents and assig ns are recogn ized as an Add itional nsured under General Auto and U mbrella Liabilig but solely as respects liability ansrng from the Named I nsured 's operations andior work performed by the Named nsured,ATIMA.This coverage sha il apply sepa rately to each insured.This tnsurance primary.shall be City of Kent 220 Fourth Avenue South Attn: City Clerk Kent WA 98403 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLL ENDEAVORTO MAIL 30 DAYS \A/RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGFNTS OR REPRESENTATIVES. AUTHoRTzEDREPRESENTATIvE &_ &<_ eartifi.ata N^'570nn?2R4qnq tlnldar ldantifior' 04loL/2003 DATE ACOR4.A(.,E 2RAPof1BALITYUNSageFolLAEcRTFc ERTIFICATE D, EXTEND OR LICIES BELOW. oT1 NMAoTTERINFORMAFTEISASISSUEDAsTHIRTICEFICAcTHERUIGHTSPONCONFANDSERNOLONY ENTENOTDOESAMERCERTIFICATHISHOLD ETH POADFFORDEGETEALTHRCOVERAE INSURERS AFFORDING COVERAGE willis of New York, Inc. 7 Hanover Square New York, NY 10004-2594 2L2-344-8A88PBODUCEB 380-001INSURERA: Anerican llome 45-001INSURERB: NAtiONA]. INSURER C: INSUREFI D: INSUHER E: Metronedia Fiber Network Services, Inc 360 HamiLtoIl Avenue white Plains, Ng 10601 INSURED P EfiIdiu\fi DreAEB INOTW ITHSTAN DI rHl-s cdnriFtbffi'd'Mnv BE lssuED MAY NGPOLICYTHEABOVNAMEDFOREISSUBEENTOEDTHENSUREDBELOWLISTEDHAVEFoNSURANCEETHPOLICIESORCHWHIRESPECTWITHTOORDOCOTHERUMENTOFNDITIONCONTRACTANYREMENTORTERMCORANYEQUOFSUCHANDCONDITIONSEXCLUSIONSTOECTTHEALLTERMS,BED NHEREI SUBJISBYDPOLTCITHEDESESCRINTHERANSUAFFORDECEPERTMAYAIN, BY PAI MS.CLAIBEENHAVEREDUCEDTEEGAMLISHOWNITSCIES.POLI AGGR POLICY NUMBEHINSRTYPE OF INSURANCE $1EACH OCCURRENCE oFIRE DAMAGE one $MED EXP one 00PERSONAL&ADV INJUBY $GENERAL AGGREGATE 0PRODUCTS. COMP/OP AGG 3 /3L/ 2004313L12003457L7L7A COI,4}IEFICI,A!. GEI'IEBAL LIAB!LITY GEN'L AGGFIEGATE LIN4IT APPLIES PER: I x I o""r*CLAIMS MADE LOC GENERAL LIABILITY $ 1,000,000COMBINED SINGLE LIMIT (Ea accident) $BODILY INJURY (Per person) $BODILY INJURY (Per accident) $ 3 /3L/2004 3 /3L/2004 3/3L/2004 3l3L/2004 PROPERTY DAMAGE (Per accident) 3l3L/2003 3 /3L / 2003 3 /3L/2003 3/3t/2003 AOS 1458673 rx L46867L IVIA 1458570 vA L468672 A A A A AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIFIED AUTOS NON.OWNED AUTOS AUTO ONLY - EAACCIDENT $OTHERTHAN AUTO ONLY: EAACC AGG GARAGE LIABILITY ANY AUTO 91EACH OCCURRENCE oAGGBEGATE $ 3/3L/20043 /3L/2003BE3 2 0 5059B CLAIMS MADE EXCESS LIABILITY OCCUR DEDUCTIBLE RETENTION 0E-L- EACH ACCIDENT $0E.L. DISEASE - EA E.L- DISEASE - POLICY 3 /3L12004 3 /3L/2004 3 /3L/ 2004 3/3L/2003 3 /3L/ 2003 3l3L/2003 AOS 1241504 cA 1241505 vtA L24L606 A A A WORKEHS COMPENSATION AND EI,TFLOYEN9' LlABILITY OTHER PROVTSIONSENDORSEMENT/SPECIALADOEDBYOFPTIONOPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONSDESCRI anaszedassrecognLaretsrgnsandfoftl-c al-s agenttl-of If ec rs loyeeEIIE)ciThe Kenofty abi L1t_t-l-e as tyabir_i tbu so respectsUmbreand1aLiUy11yra1GeneAutounderInsuredtionalAddi ATIMAInsuredormedtheNamedorworkbyra.aonst and./perfrnsuredopeNanedarromfther.srng Lshal-LmarybernsurThisanceprtoLeactrnsuredetepara1y1stra1applycoverageThis sHoULDANYoFTHEABoVEDEscRIBEDPoLIcIEsBEcANcELLEDBEFoRETHEEXPIRATIoN DATE THEREoF, THE lssutNc INSuRER wlLL ENDEAVoR ro laatl 30 DAYS wBlrrEN NoTIcEToTHECERTIFIGATEHoLDEBNAMEDToIHELEFT'BUTFAILUREToDoSoSHALL IMPosENooBLIGATIoNoRLIABILITYoFANYKINDUPoNTHEINSUREB,ITSAGENTSoR city of Kent 220 Fourth Avenue South Attn: City Clerk Kent wA 98403 RTIFICATE HOLDER INSURER LETTEB:CANCE ACORD 25-S(7157)ColI: 692305 TPl: 152557 Cert:927804 @ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT lf rhe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed' A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)' lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAINfiER The Certificate ol lnsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon' ACORD 2s-S (7/e7)CoLl: 592305 Trrl: 152557 Cert:2927804 , ACORD* CERTIFICA. : OF LIABILITY INSURA.-lv E""n" L or 2 COVE DATE 0410512004 PFODUCER 877 -945-7378 - Regional Certs Ceaterwillis North Aneri64, rnc. 25 Century Blvd. P. O. Box 305191 Nashville' rN 3723OSL9L INSURERS AFFORDING COVERAGE INSURED Abovene! Conwnrnications, 360 Eanilton Avenue I,Vhite Plains' NY 10501 Itrc.INSURERA: Arnerican llome Assura[ce 193 80- 001 TNSL,REFIB: Illinois National Insurance Co.23AL7-002 INSURER C: INSUREF D: INSURER E: MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN MAY INDICATED.NOTWITHSTANDINGTHEFORPPOLICYERIODINSUREDTHEEDNAMABOVEBEENHAVETOISSUEDOFRANCENSUBELOWLISTEDPOLICIESTHEMAYTErssBEORUEDWHITHISCHCERTIFICAENTMRESPECTWITHTOCONTRACTANYOTHORDOCUERORTERMOFCONDITIONREQUANYREMENTOFDITIONSUCHSDANEXCLUSIONScoNTOSUBJECTTHEALLTERMS,ESPOLICI HEREINDESCRIBED STHEBY UCEDRED PAIDBY CLAIMSBEENHAVE LIMITSNUMBERTYPE $1 FIRE DAMAGE $MED EXP one 0PEBSONAL & ADV INJUHY $2GENERAL AGGREGATE 0PBODUCTS. COMP/OP AGG 3l3L/2005313L120044s7L7L7A COMMERCIAL GENERAL LIABILIry x GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS MADE OCCUR POLICY LOC GENERAL LIABILITY $ 1,000,000COMBINED SINGLE LIMIT (Ea accident) $BODILY INJURY (Per person) bBODILY INJURY (Per accident) $PROPERWDAMAGE (Per accident) 3l3L/200s 3t3Ll200s 3t3L12005 3/3L12004 3/3L12004 3/3L12004 ![A 1458670 Tx L46867L Aos 1458573 A A A AUTOMOBILE LIABILITY ANYAUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOS AUTOONLY- EAACCIDENT $ EAACCOTHERTHAN AUTOONLY: GARAGE LIABILITY ANYAUTO EACH OCCURRENCE 00$AGGREGATEx $ 3 l3L/200s3 t3L12004885683133B CLAIMS MADE EXCESS LIABILITY OCCUF DEDUCTIBLE RETENTION E.L. EACH ACCIDENT 0$1E.L, D'SEASE - EA E.L. DISEASE -LIMIT 3/3L12004 3/3L12004 3/3L12004 3 I 3Ll 200s 3 t3Ll2OOs 3l3Ll200s AOS 1241504 cA 1241505 vtA L24L505 A A A WORKEBS COMPENSATION AND EMP!-OYERS'LIABILITY OTHER and/or vtork Peinsured. Thi ENDORSEMENT/SPECIALBY PROVTSIONSADDEDOFDESCRIPTIONOPERATIONS'/LOCATIONSA/EHICLES/EXCLUSIONS as anarezedrecogD.l-asandiaL r.gnstLofr-cersf.Eof ac loyeesemp agentcTheafoKentfy t iabiL a1ag tybutreapecsolelyLal_abilJl-L :-General oAut Urnbre tyandional-underInsuredtAddi ATIMANamedthefnsured'rformed byronsINamedsnsuredLarromftheoperatang l_beinsuranceshaL prr-maryoeachtl_Th Lsha 1 telyseparacoverageapply SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NoTIcEToTHEcERnFIcATEHoLDERNAMEDToTHELEFT,BUTFAILUFEToDoSoSHALL IMPosENooBLIGATIoNoRLIABILITYoFANYKINDUPoNTHEINSURER'lTsAGENTSoR AUTHORIZED city of Kent 220 Fourth Avenue South At,tn: City CLerk KENT LEGAL DEPT Kent wA 98403 APR 1 il luuA CERTIFICATE ACORD 25-S (7/e7)CoLl : 962657 TPLI2525'7 8 Cert:42 050 @ ACORD CORPORATION 1 988 Page 2 of 2 IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of lnsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2s-S (7/97)CoIl: 962667 TgtLz25267 8 Cert' 24279050 ACOR4- CERTIFICA. E OF LIABILITY INSURA.{CE Page 1 of 2 DATE 04/ 0r/2005 phooucen 877 -945-737 I - Regional Cert Cenberwillie North Anerica, Inc 25 century Blvd.P. o. Box 305191 Naghville, TN 37230519L THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Abovenet Comunicationa, Inc. 350 Harrilton Avenue 7th trloor White Plaine, NY 1050X INSUFERA: Anerican llome A6Eurance Company x9380-00x INSUREFB: Illinois National Inaurance co.238L7 -OO2 INSUREF C: INSURER D: INSURER E: THE POLtCtES OF IN SURANCE LISTED BELOW HA VE BEEN ISSU E D TO THE IN SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHST ANDI NG ANY REOU REM E NT TERM OF CONDITION OF ANY CONTRACT OR OTH ER DOCUM ENT WITH RESPECT TO WH CH TH s c ERTIFICATE MA BE rssu ED OR MAY PERTAIN, POLICIES. AGG TH E INSU RANCE AFFORDED BY THE POLTCIES DESCRIBED H E REIN S SUBJECT TO ALL THE TERMS,EXCLUSIONS AN D coN DITIONS OF SUCH REGATE LIMITS SHOWN MA HAVE BEEN R E DUC E D BY PAID CLAIMS. TYPEOFINSURANCE POLICY NUMBEB POLIGY EFFECTIVENATF 'MM'NNM\ POLICY EXPIRATION NATF 'MM/DD/YYI LIMITS A x COMMEBCIAL GENERAL LIABILITY CLAIMS MADE x OCCUR GEN'L AGGREGATE LI[/lIT APPLIES PER: LOC 457 L7, II I I I I "ffiEeFttrr Hrrt x tJ 2L}0 KENT {.EGAL D 005 ) EPT. 3 /3L/2007 EACH OCCURRENCE $ 1. 000 - 000 $ 1.000,000 $10. 000MED EXP (Anyone porson) PERSONAL & ADV INJURY $ 1-000-000 $ 2, 000, 000GENERAL AGGREGATE PRODUCTS - COIVIP/OP AGG $ 2 - 000.000 A A .4, AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS !{,A 1458670 TX 1458571 .e,os 1468573 3 /3L/2006 3 / 3L/ 2006 3 / 3L/2005 3 /3L/2007 3 /3L/ 2007 3 /3L/2007 COMBINED SINGLE LIMIT (Ea accident)$ 1,000,000 BODILY INJURY (Per parson)$ $BODILY INJURY (P€r accident) $PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANYAIJTO AUTO ONLY. EA ACCIDENT $ OTHERTHAN AUTO ONLY: EAACC AGG $ $ B EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 8E519 0255 3 /3L/2006 3 / 3L/2007 EACH OCCUBRENCE $ 5, O00 - oo0 AGGREGATE $ s.000.000 $ $ $ A A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRI ETOR/PARTNEFYEXECUTIVE OFFICEFYMEMBER EXCLUOED? lf yes, describe under SPFCIAI PFIOVISIONS bslow AOS 1241504 e.A, 1241505 3 /3r/2006 3 /3L/2006 3 /3r/2007 3 /3t/2007 x WCSTATU- IThEV r t[ilTC I OIH-'trR E.L. EACH ACCIDENT $ 1-O00-000 E.L. OISEASE - EA EMPLOYEE $ 1. 000, 000 E.L. DISEASE. POLICY LII\,4IT $ 1-000-000 OTHER DESCRIPTION OF OPERATIONsi/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVTSTONS The c l_ty f Ken t 1 ta of f ]-cer officia, Auto operattely to L employe Urnbrell and/or EE , agentsLiability and ag t gns are recogn l_z ed ag anILabi11AddLt1onalInsuredunderGeneraIandbutole1vaarespectsty ar L ing f rom the Named I ns ured ions work perf ormed by tshe Named Insured ATIT{,4 Thi s cove rage ghal 1 APPl v gepara each insure d Thi insurance EhaL t be pr imary TE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREoF, THE rssurNc rNsuRER wtLL ENDEAVoR ro ultl 3 0 DAYS wRlrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED City of Kent 220 Fourth Av€nue South Attn: City CLerk Kent, WA 98403 ACORD 2s (2001/08)ColL:1585802 Tp 1:483941 Cert:7 3151 @ ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to ihe certificate holder in lieu of such endorsement(s). lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of lnsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2s (2001/08)CoLL:1585802 Tpl:483941 Cert:7103151 DATE o4/ 02/2007 PRbDUCER 877-945-7378 wi11i6 North America, Inc 25 Century Blvd. P. O. Box 305191 Nashville, TN 372305L91 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES ALTER THE AFFORDED INSURERS AFFORDING COVERAGE NAIC# INSURERA: enerican llome As6urance 19380-001INSUREDAbovenet Comunications r 350 Eamilton Avenue 7th Floor White PlainE, NC 10601 fnc ..r*f APR I 6 2007 INSU REBB: Iflinoi6 National Insurance Co 23817 -002 INSURER C: INSURER D: INSURER E: I C'QRD-.CERTIFICA, E OF LIABILITY INSURAT*CE pase 1 or 2 MAY MAY REQUIREMENT, TERM OR PERTAIN, THE INSURANCE NGNOTWITHSTANDDICATED,INTHFORPOLICYEtoDPEREDNAMABOVENSULIRANCEBSTEDPOLtCtESTHEOF RoTECAISSUEDBEWHICHTOISTHCERTIFIWITHMENTRESPECTOREROTHDOCUDITIONcoNANYOFCONTRACTANYcoNDOFDITIONSSUCHEtoEXCLUSANNSISUBJECTSALLTOTHTERMS,ES EDDESCRIB EH REINDEDAFFORTHBYPOLICE UCEDRED PAIDBY CLAIMS.SHOWNMITS BEENHAVEAGGPOLtCtES.TEREGA LI MA LIMITSPOLICY NUMBERTYPEOFINSURANCE $l_EACH OCCURRENCE 0 $MED EXP one 0PERSONAL & ADV INJURY $GENERAL AGGREGATE 0 0PRODUCTS - COMP/OP AGG 3 /3L/20083 /3L/2007457 L7 L7 COIVMERCIAL GENERAL LIABILITY .LATMSMADE lx-l o""r* GEN'L AGGREGATE LIMIT APPLIES PER: LOCPOLICY GENERAL LIABILITYA $ 1,000,000COMBINED SINGLE LIMIT (Ea accident) $BODILY INJURY (Psr person) BODILY INJURY (Per accident) PROPERTY DAMAGE (P€raccident) 3 /3L/2008 3 /3A/2008 3 /3L/2007 3 /3L/2007 r{A 1458570 AOS 1458673 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS A A $AUTO ONLY . EA ACCIDENT $ EAACC AGG OTHERTHAN AUTO ONLY: GARAGE LIABILITY ANYAUTO EACH OCCURRENCE $0AGGREGATE $ 3 /3L/20083 / 3L/20078E4890040 CLAIIVIS MADE EXCESS LIABILITY OCCUR DEDUCTIBLE FETENTION B 0E.L. EACH ACCiDENT $1E.L, DISEASE - EA EIVPLOYE E.L. DISEASE - POLICY 3 /37/2008 3i31./2008 3 /3L/2007 3 / 33"/ 2A07 AOS L24L604 cA 12:1i605 A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRiETOR/,FARTNEfuEXECUTIVE OFFICEF/MEMBER EXCLUDED? describe under below OTHER agen abiLemployee Umbrella ty but formedoptel ENDORSEMENT/SPECIALBYOFDESGRIPTIONOPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED anLedasareasandrecogntignsrgfot-f Lc 1ftKenot].o ff LciThetv ts abi1i t11aso1EI tyLItrespecvandtoAudGeneunderra1tionaAddi1InsureAMATIsuredInNamedthewoktorbyrtand/ione PerIndl_thefrom Named surarxng be1_ha1 pr imaryured1Thinsurancetor-nseachIshalaraThicoverepvage1yapp c TE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREoF, THE tssutNc tNsuRER wLL ENDEAvoR ro tuatl 3 0 DAYS wRlfiEN NoTIcEToTHECERTIFICATEHoLDERNAMEDToTHELEFI'BUTFAILUBEToDoSoSHALL IMPosENooBLIGATIoNoRLIABILITYoFANYKINDUPoNTHEINSURER'lTsAGENTSoR REPRESENTATIVES.A AUTHOFIZED Citsy of Kent 220 Fourlh Avenue south Attn: City C1erk Kents, WA 98403 ACORD 25 (2001/08)Coll-:1940098 TP1 :517351 Cert:8 9L52 @ ACORD CORPORATION 1 988 Page 2 of 2 IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of lnsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon' ACORD 25 (2001/08)Co11: 1940098 Tpl : 517351 Cert: 87 69L52 ACORD,. CERTIFICA ' E OF LIABILITY INSURATT E""n" L of 2 DATE 03 /3L/2008 ;;&ffi 877 -945-7378 wilIig Nortb Anerica, Inc 25 century BIvd. P. o. Box 305191Nashville, TN 372305197 INSURERS AFFORDING COVEBAGE NAIC# 19380-00xINSUREDAbov€net Comrunicationg, Inc. 350 $anilton Avenue 7th Floor White P1ains, NY 10601 INSURER A: Amerlcarr Home AsBurance INSU REFIB: National Union Fire Insuranc€of 19445-005 INSUBERC: Insurance Company of the State of Penngyl 1942 9 - 001 INSUBER D: INSURER E: EGATE ANNOTWITHST DINGPOLICYTHEEPINDICATED.RtooNAMREDABOVEEDFORISSUBEENTOEDTHENSUBELOWLISTEDHAVEETHESPOLICIINSOFURANCE BE EDISSU ORCHTHcSFICATEERTIMARESPECTWITHWHTORoDOCOTHERUMENToCONDITIONANFCONTRACTORTERMREOUIREMENTANYFoSUCHANDEXCLUSIONSCONDITIONSALLTOTERMS,THEESCRIBEDDHEREISNSUBJECTTHBYPOLTCIEESPRTAIETHERANCENSUAFFORDEDMAN, PAIDBY MS.CLAIMAHAVERBEENDUCEDEAGGBES.tTsLIM SHOWNPOLtCt LIMITSPOLICYTYPEOF EACH OCCURRENCE MED EXP PERSONAL & ADV INJURY REGATEGENERAL PRODUCTS. COMP/OP AGG 3 /3L/20093 /3L/2008457 L7 L7 COMMERCIAL GENFRAL LIABILITY GEN'L AGGREGATE LIN,4IT APPLIES PER: r POLICY CLAIMS MADE OCCUR GENERAL LIABILITYA $ 1,000,000COMBINED SINGLE LIMIT (Ea accid6nt) $BODILY INJURY (Per psrson) cBOOILY INJURY (Por accidsnt) PROPERTY DAMAGE (Per accident)$ 3 /31/2009 3 /31-/2009 3 /3L/2008 3 / 3L/2008 MA 1458570 L458673 AUTOMOBILE LIABILITY ANYAUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS A A AUTO ONLY. EAACCIOENT aEAACC AGG OTHERTHAN AUTO ONLY: GARAGE LIABILITY ANYAUTO $EACH OCCURRENCE AGGREGATE $ 3 /3]-/2ooe3 /3L/2008BE 7567358BEXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION E.L. EACH ACCIDENT E.L. DISEASE. EA EIVPLOYEE E.L. OISEASE - POLICY 3 /3t/ 2oo9 3 /3r/2ove 3 /3L/2008 3 /3L/2008 AOS 1241604 cA 1241605 c c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PBOPRIETOFI/PARTNEF/EXECUTIVE OFFICEH/MEMBER EXCLUDED? describe under OTHER Is, employees, agentg and aeg and Unrbrel-la LiabilitY but so ions and/or work Performed bY each insured. Thig inguranc PROVTSTONSENDOFSEMENT/SPECIALADDEDBYOF OPERATIONS/LOCATIONvvEHICLESi/EXCLUSIONSDESCRIPTION an1aazed1arerecogngnsfft-rs fo ict IActfotKentstoThety t abiI:.1I t11agrespec vvtoAuunderInsuredGeneraltAddiIionaTIMAAInsuredNamedthetInsureda4dartthefromoperNanesangLhaLbeeprirnarytoteIhal.sThi cover v 1yeparaageaPpl CERTIFICATE TION sHoULDANYoFTHEABovEDEscRIBEDPoLIcIESBEcANcELLEDBEFoRETHEExPIRATIoN DATE THEREoF, THE rssutNc tNsuRER wtLL ENDEAVoR ro matl 30 DAYS wRlrrEN NoTIcEToTHECERTIFICATEHoLDERNAMEDToTHELEFT,BUTFA|LUREToDoSoSHALL IMPosENooBLIGATIoNoRLIABILITYoFANYKINDUPoNTHEINSURER'lTsAGENTSoR REPRESENTATIVES, AUTHORIZED Citsy of Kent 220 Fourth Avenue SoutshAtstn: City ClerkKent, WA 98403 ACORD 25 (2001/08)ColL:2307836 Tp 1:758094 Cert:1 840 81 @ ACORD CORPORATION 1 988 Page 2 of 2 IMPORTANT tf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). tf suBRoGATloN ts wAlvED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of lnsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)Coll : 2307 836 TpI :758094 Cert: 104840 81