HomeMy WebLinkAboutPW15-282 - Extension - T-Mobile West, LLC - T-Mobile License Agreement-Garrison Creek - 01/01/2025 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
s For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik-Wilcox Public Works
Date Sent: Date Required:
> 01/16/2024 1/23/24
0
L Authorized to Sign: Date of Council Approval:
fl.
O' Mayor or Designee N/A
Q
Budget Account Number: Grant? Yes NoD
Budget?0Yes❑No Type: N/A
Vendor Name: Category:
T-Mobile West LLC License
Vendor Number: Sub-Category:
E)theF-- Extension
0
'M Project Name: T-Mobile License Acireement-Garrison Creek
oProject Details: License Agreement to use the ROW adjacent to 10702 SE 224th
= Pl.
c
Basis for Selection of Contractor:
Agreement Amount: $7,450/yr *Memo to Mayor must beattached
i Start Date: 1/1/2025 Termination Date: 12/31/29 + 5 yr. renewal option
as
Q Local Business?❑Yes[—]No*lfmeets requirements per KCC 3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: 0YesF]ln-Process❑Exempt(KCC5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number: PW 155-282
F—]YesF7]No
Comments:
1 Mayor Ralph - Please sign on page 10 of each copy of the license agreement
and have your signature notarized on page 11. T-Mobile requires a wet
a Im signature, so please have the Clerk's offiee r t n one origin I to me to
Z send back to them. Thank you! Cheryl -
3 0 t� �
)AN .1 7 ?.0 A
CZ Date Received dlE +llf�r � °� ate Routed:Mayor's Office %� �, City Clerk's Office
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201
DocuSign Envelope ID:8EA65783-F6A9-4C21-8306-4B70F5A06621
REVOCABLE RIGHT-OF-WAY USE LICENSE AGREEMENT
BETWEEN THE CITY OF KENT AND T-MOBILE WEST LLC
Right-of-way adjacent to 10702 SE 224th Place, Kent Washington (location of site).
RECITALS
A. T-Mobile West LLC, a Delaware limited liability company, f/k/a
VoiceStream PCS ("Licensee"), constructed a wireless facility in the right-of-way
located adjacent to 10702 SE 224th Place, Kent, Washington in 2002, pursuant to a
Right of Way Use Agreement entered into with King County. The city of Kent annexed
this portion of King County on July 1, 2010.
B. The parties memorialized Licensee's continued operation in the right-of-
way, now under the jurisdiction of the city of Kent, in a license agreement that
commenced January 1, 2015, and expired December 31, 2019, and was renewed for
one (1) five-year optional term which will expire on December 31, 2024.
C. Licensee wishes to continue the use of the License Area (as defined
below) and the parties desire to execute a new license agreement under the terms
and conditions herein.
AGREEMENT
In consideration of the fees, covenants, conditions and agreements contained
in this License Agreement ("License") the CITY OF KENT, a Washington municipal
corporation ("City"), hereby grants to Licensee, a revocable right-of-way use license
to use and occupy a portion of unvacated public right-of-way situated in the city of
Kent, King County, Washington, as generally depicted in "Exhibit A," attached and
incorporated by this reference ("License Area"), subject to the following terms and
conditions:
1. License Area.
The License Area includes any and all improvements, fixtures, structures and
landscaping currently and lawfully located pursuant to the Right of Way Use
Agreement with King County; however, no new structures or improvements shall be
placed within the License Area by Licensee, its employees, agents or contractors,
except such structures or improvements as are permitted or authorized pursuant to
Section 9.1 of this License or permits and approvals issued by the City, and then only
so long as all conditions of approval of such permits and approvals are met and
maintained. Any structure, improvement or other obstruction placed within the
License Area shall be so placed and maintained so as not to interfere with the
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-6306-4B70F5A06621
operation, repair, installation and maintenance of utility and underground
installations now existing or hereafter installed within the License Area by the City or
pursuant to City authorization to unrelated third parties.
2. Use of License Area.
This License is granted to Licensee for the purpose of constructing,
maintaining, occupying, repairing, operating and removing wireless
telecommunications facilities ("Facilities") in the License Area, as described and
depicted in Exhibit A.
3. Term of License.
The initial term of this License shall be for five (5) years, commencing on
January 1, 2025 ("Commencement Date") and expiring on December 31, 2029 at
11:59 pm PDT. This License may be renewed for one (1) additional five (5) year
term upon the mutual written consent of the City and the Licensee.
4. Revocation; Termination.
The intent of this License is to authorize Licensee to operate its Facilities
on the designated City right-of-way, which right-of-way constitutes a valuable
property interest owned by the City. This License does not grant an estate in the
land described as the License Area; it is not an easement; it is not a franchise; it is
not exclusive; and it does not exclude the City from full possession of the License
Area. As a License upon real property, it is revocable at the sole and absolute
discretion of the City. However, prior to revocation by the City, the City shall provide
Licensee with at least one hundred (180) calendar days' written notice of its intended
revocation ("Revocation Period"). Prior to the expiration of the Revocation Period,
Licensee shall remove all of its Facilities, and Licensee shall restore the License Area
pursuant to Section 6 below. If Licensee fails to remove all or a portion of its Facilities
prior to the expiration of the Revocation Period, the City may, after delivering thirty
(30) days prior written notice to Licensee ("Final Notice"), elect to remove all or
part of the remaining Facilities, restore the Property, and recover the costs of such
removal and restoration from Licensee. Licensee waives any right it may have to any
claim for damages of any kind incurred as a result of the City's removal of all or part
of the Facilities after the expiration of the Final Notice period. Licensee shall have
the right to terminate this License on one hundred eighty (180) days' prior written
notice to City for any reason or no reason, however, the provisions in Sections 6 and
12 below shall survive the revocation and termination of this License.
5. Fees to Administer the License.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 2
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
a. During the term of this License, commencing on the Commencement
Date, Licensee shall pay to the City a license fee in the amount of SEVEN
THOUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($7,450.00) per
year, which shall be escalated annually by four percent (4%) on each subsequent
anniversary of the Commencement Date ("License Fee"). The License Fee shall be
paid annually, in advance, beginning with the Commencement Date of this License,
provided however, that the first payment of the License Fee may be paid by Licensee
within sixty (60) days of Licensee's receipt of a fully executed copy of this License
without any penalty or interest.
b. Licensee shall pay City a late payment charge equal to five percent (5%)
of the unpaid amount for any License Fee or portion of License Fee not paid within
ten (10) business days of receiving written notice from City of a past due License
Fee, or portion thereof. Any amounts not paid when due shall bear interest until paid
at the rate of one percent (1%) per month.
6. Damage to Property and Restoration.
Licensee shall repair any damage to the License Area caused by its installation,
construction, operation, maintenance, removal, repair, reconstruction, replacement,
use, and inspection of the Facilities in the License Area. Upon revocation, termination
or expiration of this License, Licensee shall restore the License Area to its original
condition prior to the issuance of the King County Right of Way Use Agreement,
reasonable wear and tear and casualty beyond Licensee's control excepted. Such
restoration obligation shall survive the expiration of this License.
7. Utilities Charges.
Licensee shall be liable for and shall pay or cause to be paid before delinquency
thereof, throughout the term of this License, all charges for all utility services
furnished to Licensee for the uses permitted herein.
8. Taxes, Fees and Charges.
Licensee shall be liable for and pay within thirty (30) days of receiving notice
and supporting documentation for the following:
(a) All taxes imposed on or with respect to personal property and intangibles
located on or used by Licensee in connection with the License Area;
(b) All other rents, license fees, permit fees, inspection fees, authorization
fees or other charges which at any time may be assessed against or imposed
with respect to the occupancy, use or possession of, or activity conducted on,
the License Area by Licensee, its assigns or subtenants.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 3
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
1
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
9. Construction of Facilities.
9.1 Commencement of Construction.
No improvement, construction or material alteration shall be commenced until
plans for such work have been approved by City and all necessary permits have been
properly issued. Notwithstanding anything to the contrary herein, Licensee shall be
permitted to replace its existing equipment with like-for-like equipment within the
License Area without prior City approval; provided, however that Licensee has
obtained all necessary permits and provides City with forty-eight (48) hours written
notice of the intended replacement.
9.2 Permits; Compliance With Codes.
The City's grant of this License does not release Licensee from any of its
obligations to obtain applicable local, state, and federal permits necessary to install,
construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect
the Facilities. Licensee's failure to comply with this Section 9.2 shall constitute
grounds for immediate revocation by the City. The License Fee in Section 5 is in
addition to any fees required for applicable local, state and federal permits.
9.3 Ownership and Removal of Facilities.
During the term of this License, all Facilities constructed by Licensee on the
License Area shall belong to and be the property of Licensee. Upon revocation,
expiration or earlier termination of this License, all Facilities constructed by Licensee
on the License Area shall be removed by Licensee at Licensee's sole expense pursuant
to Section 4 above and Licensee shall restore the License Area pursuant to Section 6
above. Such restoration obligation shall survive the expiration of this License.
10. Site Plan.
Attached hereto as Exhibit A is Licensee's site plan which depicts the location
of Licensee's equipment in the License Area. Within sixty (60) days of execution of
this License, Licensee shall provide the City with accurate copies of all record
drawings and maps showing the horizontal and vertical location and configuration of
all located or relocated Facilities within the public right-of-way. These as-built
drawings and maps shall be signed and stamped by a Washington state licensed
professional land surveyor, shall be provided at no cost to the City, and shall include
hard copies and digital copies in a format specified by the City. As-builts must be on
City of Kent horizontal and NAVD88 vertical datum NAD83/91. Licensee warrants the
accuracy of all record drawings and maps and as-builts provided to the City. Licensee
shall provide the City with updated record drawings and maps upon request.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 4
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
11. Relocation of Facilities.
Whenever the City causes the grading or widening of the right-of-way in which
the License Area is located or undertakes construction of any water, sewer or storm
drainage line, lighting, signalization, sidewalk improvement, pedestrian amenities, or
other improvement and such project requires the relocation of Licensee's then-
existing Facilities within the License Area, the City shall:
(a) Provide Licensee, at least ninety (90) days prior to the commencement
of such project, written notice that a project is expected to require relocation;
and
(b) Provide Licensee with reasonable plans and specifications for such
project.
After receipt of such notice and such plans and specifications, Licensee shall
relocate such Facilities within the right-of-way at no charge to the City so as to
accommodate the project. The City shall cooperate with Licensee to designate a
substitute location for its Facilities as near as practicable to the existing License Area.
City will establish a date by which Facilities must be relocated, which date will be not
less than sixty (60) days after Licensee's receipt of written notice as to the Facility to
be relocated. Licensee must finish relocation of each such Facility by the date so
established. If Licensee fails to relocate its Facilities as required under this License,
City may revoke and terminate this License upon delivering written notice to
Licensee. During any such relocation period, Licensee shall be permitted to maintain
temporary antenna facilities, including cell-on-wheels ("COW") and an alternate
power source within the right-of-way, at no charge to the City.
12. Indemnification.
Licensee shall comply with the following indemnification requirements:
12.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License, except
to the extent caused by the negligence or willful misconduct of the City, its
employees, agents, contractors, or invitees.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 5
T-Mobile ID; SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
12.2 The City's inspection or acceptance of any of Licensee's work
when completed shall not be grounds to avoid any of these covenants of
indemnification.
12.3 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that Licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee shall indemnify and hold the City harmless as provided for in this Section
12 by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties, Licensee shall indemnify the City regardless of
whether the settlement of such claims is made with or without Licensee's consent.
12.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 12 and if Licensee's
refusal is subsequently determined by a court having jurisdiction (or such other
tribunal that the parties shall agree to decide the matter) to have been a wrongful
refusal, then Licensee shall pay all the City's costs for defense of the action, including
all reasonable legal costs, witness fees, and attorney fees and also including the City's
costs, including all legal costs, witness fees and reasonable attorney fees, for
recovery under this Section 12 indemnification clause.
12.5 The provisions of this Section 12 shall survive the expiration or
termination of this License.
13. Insurance.
Licensee shall obtain at its sole expense, commercial liability insurance in the
amount of $1,000,000, and shall provide the City with satisfactory proof of the
continued insurance coverage during the term of this License or any renewal or
extension thereof. Such insurance shall include the City as an additional named
insured.
14. Bond.
Licensee has provided City with a bond (attached as "Exhibit B") in the
amount required under this License of Two Hundred Thousand and no/100 Dollars
($200,000.00) ("Bond") running or renewable for the term of this License, in a form
and substance reasonably acceptable to City. In the event Licensee fails to
substantially comply with any one or more of the provisions of this License, following
written notice and a reasonable opportunity to cure, then there shall be recovered
jointly and severally from Licensee and the bond any actual damages suffered by City
as a result thereof, including but not limited to staff time, material and equipment
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 6
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
costs, compensation or indemnification of third parties, and the cost of removal or
abandonment of Facilities and repair of the License Area by the City. Licensee agrees
to replenish the Bond within fourteen (14) days after written notice from the City that
there is a deficiency in the amount of the Bond. The amount of the Bond shall not
be construed to limit Licensee's liability or to limit the City's recourse to any remedy
to which the City is otherwise entitled at law or in equity. All bonds provided to the
City under this Section 14 shall be with sureties registered with the Washington State
Insurance Commissioner or other financial institutions acceptable to the City.
15. Maintenance and Repair.
Licensee shall, at its sole cost and expense, and throughout the term of this
License, keep the License Area and its Facilities in good condition and in a good and
safe state of maintenance and repair.
16. Regulation of Use and Control.
This License does not deprive City of any power, rights, or privileges it now
has or may later acquire in the future to regulate the use of and to control City road
right-of-way covered by this License.
17. Enforcement.
Failure of City, on one or more occasions, to exercise a right or to require
compliance or performance under this License or any applicable law shall not be
deemed to constitute a waiver of such right or a waiver of the compliance or
performance, unless such right has been specifically waived in writing by City. Failure
of City to enforce or exercise its rights under any provision of this License or
applicable law does not constitute a waiver of its rights to enforce or exercise a right
in any other provision of this License or applicable law.
18. Road Vacation.
18.1 City reserves the right to vacate, in accordance with applicable laws,
City road right-of-way covered by this License. City shall endeavor to give Licensee
written notice of its intent to vacate the right-of-way subject to this License as soon
as possible.
18.2 If City road right-of-way or portion thereof used by the Licensee is
vacated by City during the term of this License, this License shall terminate with
respect to said vacated right-of-way as of the effective date of such vacation.
Continued use by the Licensee of the vacated road right-of-way or portion thereof
thereafter shall be a matter of negotiation between the Licensee and the owner of
such vacated right-of-way or portion there.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
18.3 If at any time City vacates any City road right-of-way covered by this
License, City shall not be liable for any damages or loss to the Licensee by reason of
such vacation, except that City shall refund pro rata the License Fee that the Licensee
paid to City for the Licensee's Facility in the vacated right-of-way for the year in which
the vacation occurs.
19. Modification.
This License may not be modified, altered, or amended unless first approved
in writing by both the City and Licensee.
20. Assignment.
Licensee shall not assign all or any portion of its rights, benefits, or privileges
in and under this License without prior written approval of the City, except that
Licensee may, upon written notice to City, assign or transfer its rights arising under
this License to any corporation, partnership or other entity which (i) is controlled by,
controlling or under common control with Licensee, (ii) shall merge or consolidate
with or into Licensee, (iii) shall succeed to all or substantially all the assets, property
and business of Licensee, or (iv) is an affiliate or subsidiary or other party as may be
required in connection with any offering, merger, acquisition, recognized security
exchange or financing.
21. Attorney Fees.
In the event of claim or litigation regarding the enforcement of the terms
of this License, each party shall be responsible for its own legal costs and attorney
fees except as noted in Section 12.
22. Compliance with Laws.
Licensee shall comply with all federal, state and municipal laws, rules and
regulations that are now or that may become applicable to this License.
23. Notices.
All notices and payments hereunder may be delivered, mailed in the U.S. mail,
certified and postage paid, or sent by next-business day delivery via nationally
recognized overnight courier to the following respective addresses or to such other
respective addresses as either party may hereafter designate in writing:
To the City: City of Kent
220 Fourth Avenue South
Kent, WA 98032
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 8
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
Attention: Public Works Director
To Licensee: T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attention: Lease Compliance/SE04099F
24. Emergency.
In the event of any bona fide emergency in which any portion of the Facilities
breaks, becomes damaged, or in any other way becomes an immediate danger to
the property, life, health or safety of any individual or the public in general, Licensee
shall, upon receipt of written notice from the City, immediately take the proper
emergency measures to remedy the dangerous condition without first applying for
and obtaining a permit as required by this License. However, the emergency work
shall not relieve Licensee from its obligation to obtain all permits necessary for this
purpose, and Licensee shall apply for those permits within the next five (5) successive
business days.
25. Facility Location Service.
The Licensee shall subscribe to the One Call utility locator service.
26. Miscellaneous.
a. This License 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 License shall be in the King County Superior Court,
Kent Regional Justice Center, Kent, Washington.
b. If any term of this License is found to be void or invalid, such
invalidity shall not affect the remaining terms of this License, which shall continue in
full force and effect.
C. This License contains the entire agreement between the parties
with respect to the License Area and, in executing it, the City and Licensee do not
rely upon any statement, promise, or representation, whether oral or written, not
expressed in this License. Any acts occurring between the Commencement Date and
execution of this License, and consistent with the terms and conditions contained
herein, are hereby ratified. This License shall be effective upon the last day executed
below.
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 9
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
d. Each person executing this License warrants that he or she has
the requisite authority to bind the party for whom that person is executing.
IN WITNESS WHEREOF, the parties hereto have signed this License as of the
z2 day of ,-2 -
CITY OF KENT LICENSEE
T-Mobile West LLC,
a Delaware limited liability company
r
By.1 -� 1 By:
Print Name: Dana Ralph Print Name
Title: Ma or Title:
Y `
Date A I '2, Date
-1-
NOTARIZATIONS FOLLOW ON THE NEXT PAGES
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the
person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument
and acknowledged it as the Mayor of the City of Kent to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:_ 0 r'�b04
-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.
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A#CC IiJI
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i A'., Iie��c = NOTARY PUBLIC, in and for the State
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�' • of Washington, residingat._ " a�'►�_
''i F WASN\N My appointment expires O 26 2-
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 11
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level;L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Fa nit n. �� r
the person who appea
red before me and said person acknowledged that (he/shel
signed this instrument, on oath stated Vhat ( the) w s autho
r " rized to execute the
instrument and acknowledged it as the , of T-Mobile West LLC, a
Delaware limited liability company to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
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REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 12
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-3306-4B70F5A06621
Exhibit A
License Area and Site Plan
See attached
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 13
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Le%el:L06
NLG-90744
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DocuSign Envelope ID:8EA65783-F6A9-4C21-6306-4B70F5A06621
Exhibit B
Performance Bond
See attached
REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 14
T-Mobile ID: SE04099F, Garrison Creek
(between the City of Kent and T-Mobile)
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
EXHIBIT B
PERFORMANCE BOND
Bond Number: 82395574
Site Number: SE04099F
1
KNOW ALL BY THESE PRESENTS, That we T-Mobile West LLC 12920 SE 38"' �
Street Bellevue WA 98006, as Principal, hereinafter called Principal, and Federal I
Insurance Company, 15 Mountain View Road Warren, NJ 07059. an Indiana
corporation, as Surety, hereinafter called Surety, are held and firmly bound unto City
9f Kent, 22,0 Fourth Aye. South. Kent. WA 98032, as Obligee, hereinafter called
Obligee, in the amount of Two Hundred Thousand and No/100 Dollars ($200.000.00)
for the payment of which sum, well and truly to be made, the said Principal and
Surety bind themselves, and their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a Revocable Right-of-Way Use License
Agreement between the City of Kent and T-Mobile West LLC dated August 7, 2015
for the telecommunication facility located at 10702 SE 22 Place. Kent,Washington,
which License Agrgpjmgnt is by reference made a part hereof, and
WHEREAS, as a condition of said License Agreerent requires Principal to provide a
Bond guaranteeing the compliance with the provisions of the License Agreement.
including bt.it not limited to the cost of removal of Facilities and repair of the License
Area at said location.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
That if Principal shall comply with the provisions in accordance with said Revocable
R�ht-ofW y_Vse License._Aym reeent_between the City of Kent and T-Mobile West
LLC, so long as this License Agreement remains in effect, including any extensions
thereto, then this obligation is void, otherwise to remain in full force and effect,
PROVIDED, HOWEVER, That:
1. It shall be a condition precedent to any right of recovery hereunder, that in
event of any default on the part of the Principal, a written statement of the
particular facts of such default shall be forwarded by the Obligee to the
Surety, within sixty (60) days of the occurrence of such default, delivered by
registered mail to Surety at its Home Office located at: 15 Mountain View
Road, Warren, NJ 07059,
2. That no action, lawsuit or proceeding shall be had or maintained against the
Surety on this Bond unless the same be filed and properly served upon the I
Surety within one year from the effective date of the cancellation of the Bond.
I
3. That no right of action shall accrue under this Bond to or for the use of a
person or entity other than the Obligee, and its successors and assigns,
4. This Bond shall become effective August 27, 2015.
TMO Signatory Level:L06
NLG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B70F5A06621
I
5. This Bond shall continue in full force and effect until canceled by the Surety
by providing thirty (30) days written notice to the Obligee.
6. The liability of the Surety shall in no event exceed the aggregate penal sum of
the Bond penalty.
7. If any conflict or inconsistency exists between the Surety's obligation or
undertakings as described in the Bond and as described in the underlying
document, then the terms of the Bond shall prevail.
r
IN WITNESS WHEREOF, The said Principal and Surety have signed and sealed
this instrument on this 27th day of Au us , 2015.
T-Mobile West LLC
Principal
Pamela I Cook
Director,Technology Property Management
Federal Insurance
Surely.
By:K:J kAiK�\,V- A k
Laura M. Buhrmester,Attorney-in-Fact i
I
I
TMO Signatory Level:L06
N LG-90744
DocuSign Envelope ID:8EA65783-F6A9-4C21-B306-4B7OF5AO6621
i
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 16 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059
Know All by Those Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY,a New York corporation and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation do each hereby constitute and
apppoint Christy M.Braiie,Laura M.duhrmester,Jeffrey C,Carey,Wendyy A.Casey,Mary T.Flanigan,Tahitla M.Fry,C•Stephens Griggs i
Rebecca S.Gross Charissa D.Lecu_yer,Rebecca A.UOey,Patrick T.Pribyi,Debra J.Scarborough,Evan D.Sizemore,Larissa Smith and
Charles R,Toter Ili of Kansas City,Missouri.............._.......................................................................................................
„.
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each as their Vue and lawful Attorney.in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety I
tharoon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other then bail bonds)given or executed In the course of business,and any
instruments amending or allaring the same,and consents to the modiketon or alteration of any Instrument referred to In sold bonds or obllgallons. I
In Witnose Whereof,sold FEDERAL INSURANCE COMMY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed end attested
these presents and affixed(heir corporate seals on this 16 day of February,2015.
Dawn M.Chloms,Assistant Secretary d 8.Norris,Jr„Vice Pr ON
STATE OF NEW JERSEY
ea.
County of Somerset
On this 1 Sol day or February,2015 before me.a Notary Public of New Jersey,personally came Down M.Chloros,fo me known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the
sold Dawn M,Chloros,being by me duty sworn,did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE
COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporals&eels thereof,that the seals erfixcd to the foregoing Power of Attorney are such corporate seals
and were thereto affixed by authority of the By.Laws of said Companies;and that she signed said Power of Attorney as Assistant secretary of said Companies by like authority,
and that she is acquainted wilh David R.Norris,Jr.,end knows him to be Vice President of said Companies;and that the signature of David 8,Norris,Jr.,subscribed to sold
flower of Adolney Is In the genuine handwrilloo of David 0,Noma.Jr.,and was[hereto subscribed by authority of said By-Laws and In deponent's pretence.
Notarial Seal
F KATHERINE J,ADELAAR i
r NOTAR y NOTARY PUBLIC OF NEW JERSEY
PU L1ry Commission Expires July 16,2018 Notary Public
B �
y ERA CERTIFICATION
Extract from the By.Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
'Alf powers or attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company,either by the Chairman or the
President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The
signature of such*Moore may be engraved,printed or lithographed.The signature of each of the following omcers!Chairman,Praaidanl,any Vice President,any j
Assistant Moe President any Seaetery,any Assistant Secretary and the seat of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys.In.Fact for purposes only of execuling and attesting bonds and undertakings and other
writings obligatory in the nature thereof,and any such power of attomey or certificate bearing such racaimlle signature or raoslmlle seal snail its valid and binding
upon the Company and any such paver so executed and eeNfled by such facsimile signature and facsimile seal shell be valid and binding upon the Company
with respect to any bond or undertaking to wtieh it Is atlaehod.'
1,Dawn M.Chlores,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies')
do hereby certify that
(1) the foregoing extract of the Ely-Laws of the Companies is true and correct,
(11) the Companles are duly licensed and authorized to transact surety business In all 60 of the United Slates of America and the District of Columbia and are
authorized by the U 5 Treasury Deparimerd;further,Federal and Vigilant ere licensed In the U S.Virgin Islands,and Federal is licensed in Guam,Puerto
Rico,and each of the Provinces of Canada except Prince Edward Island;and
(ill) the foresoing Power or Attorney Is[rue,correct and In full force and effect.
Given under my hand and sewle of sold Companies at Warren,NJ this August 27, 20 15.
Dawn M.Chloras,Assistant 3eaelery
IN THE EVENT YOU WISH TO NOTIFY VS OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADORES&
I T OADO�Oft OY Tulpplwl teeslsel•saaT Far4jsQ�)so9•sd6o rmea•rurelv$.cnaab.c«n _..N —_-_
Form IS•10-02269-If GEN CONSENT(rev,12.14)
TMO Signatory Level: L06
NLG-90744
M