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HomeMy WebLinkAboutCAG2024-177 - Original - PTI US Towers II LLC - Renewal of License Agreement for Existing Cell Site Located in the ROW - 01/01/2025 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASH 1 N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Cheryl Rolcik-Wilcox Public Works Date Sent: Date Required: > 03/27/2024 04/02/2024 0 L. Authorized to Sign: Date of Council Approval: 0' Q Mayor or Designee N/A Budqet Account Number: Grant? YesEl NOD Budget?❑Yes E]No Type: N/A Vendor Name: Category: PTI US Towers II LLC License Vendor Number: Sub-Category: Other 0 Project Name: Renewal of license agreement for existing cell site located in the ROW L. Project Details: This cell site was originally installed in the ROW in 2003 by VoiceStream Wireless before the City annexed 0 the area. After the City annexed the area from King County,the City took over the existing license and C renewed it, then with T-Mobile. T-Mobile has assigned this lease to PTI US Towers II LLC, and this is a renewal of that license agreement. The license fee is$7,450 with a 4% annual escalation. C Agreement Amount: $7,450/yr Basis for Selection of Contractor: E *Memo to Mayor must be attached L Start Date: 1/1/2025 Termination Date: 12/31/2034 + 10 yr option Cn Q Local Business?[—]Yes❑No*lfmeets requirements perKCC3.70.100,pleasecomplete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑YesF_1ln-Process❑Exempt(KCC 5.01.045) El Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓ONo CAG2024-177 Comments: tMayor Ralph - Please sign the 10th page of this packet, and have your signature notarized on the 11th page. Thank you! Cheryl R-W c c PW to obtain insurance endorsement and provide to the Clerk's Office. N C 3 cc a 4) CC Date Received:City Attorney: 3/26/24 Date Routed:Mayor's Office City Clerk's Office ad«W22323_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 uocu�ign tnveiope iu: 1-avrs-rsuzsusu1suv REVOCABLE RIGHT-OF-WAY USE LICENSE AGREEMENT BETWEEN THE CITY OF KENT AND PTI US TOWNERS II, LLC, SUCCESSOR IN INTEREST TO T-MOBILE WEST LLC Right-of-way adjacent to 10007 SE 2001h St., Kent Washington (location of site). RECITALS A. PTI US Towers II, LLC, successor in interest to T-Mobile West LLC, a Delaware limited liability company, f/k/a Voice Stream PCS ("Licensee"), constructed a wireless facility in the right-of-way located adjacent to 10007 SE 200th St, Kent, Washington in 2003, pursuant to a Right of Way Use Agreement entered with King County. The CITY OF KENT, a Washington municipal corporation ("City") annexed this portion of King County on July 1, 2010. B. Licensee and City memorialized Licensee's continued operation in the right-of-way, now under the jurisdiction of the City, in a license agreement that commenced January 1, 2015, and 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") , 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 REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 1 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocuNgn tnvetope iu: 1aczausu/auu License Area shall be so placed and maintained so as not to interfere with the 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 ten (10) years, commencing on January 1, 2025 ("Commencement Date") and expiring on December 31, 2034, at 11:59 pm PDT. This License may be renewed for one (1) additional ten (10) year term upon the mutual written consent of the City and the Licensee. 4. Revocation; Termination. The intent of this License is to authorize the 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. License 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. REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 2 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocuz�ign tnveiope I rs�ubar�a auor-vuzi aura-rautau uravu 5. Fees to Administer the License. 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 charges equal to five percent (S%) 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 or defacement to the License Area or Facilities including, but not limited to, damage or defacement sustained during its installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Facilities in the License Area, except for damage or defacement caused by the City. 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. REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 3 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocuoign tnveiope iu:bk ub.5rby-duDr-4uz i aut -isc tau uiavu (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. 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 the City, said approval to not be unreasonably withheld, 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 upon written notice to Licensee and ten (10) business day opportunity to cure. 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. 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 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocu5ign tnveiope iu:rsuubsraa svar-4uz i-yuis-is�zsusu�suu 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 one hundred eighty (180) 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 including an estimated project completion date. 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 one hundred twenty (120) 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, and City shall cooperate with Licensee with all required permits, if any. 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 PTI Site ID; US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) UOCUJIgn tznvelope IU:GGU00r5y-6UWr-4ULI-WfJ-/3UZJU3U/3UU 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. INTENTIONALLY DELETED 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. REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 6 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocu,5ign tnveiope iu:iscunsroa-svor 4uz i au�s-�s�zsusuisuu 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, but no less than one hundred eighty (180) days prior. 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. 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 REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 7 PTI Site ID: US-WA-.1©09 Kent II (between the City of Kent and PTI US Towers II, LLC) uocuoign cnveiope iu:csuvosr0a-suar-4vn-yurs-rsutsusursuv 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. The licensee and City 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 Attention: Public Works Director To Licensee: PTI US Towers II, LLC 999 Yamato Road, Suite 100 Boca Raton, FL 33431 Attn: US General Counsel 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 REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 8 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocuoign tnveiope w:esc unsr5a-su5r-ave1-yur6-tsUzsusui6uu 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. 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. gKa IN WITNESS WHEREOF, the parties hereto have signed this License as of the day of , 2024. CITY OF KENT LICENSEE PTI US Towers II, LLC, a Delawa limited liability company By: �J —_ By Print Name: Dana RaI h Print Name: n Kmvana Title: Ma r . Title: Dater Date: d5-o STATE OF WASHINGTON ) REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 9 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocu�ign tnvetope w:t1uunaroy-au0r-4uz'-yur3-raulsuau1auu ) 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: NV(< 2_� 20 ZA -Notary Sea(Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. A Iro filly =o-4 s ue aye (Signature) -- --- ;" 120137 s' NOTARY PUBLIC in and for t�te A `G � Z� r i N�''�i,� e.081b ®= of Washington, residing at 0F�WASN0G`- My appointment expires Q(0 `08 z2 - REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 10 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) uocusign tnveiope iu:isuunsr5a-suar vvn-avis-is�zsusuisvu STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) I certify that I know or have satisfactory evidence that D 'o /�q M'0%,is the person who appeared before me by [ L-f personal appearance` or [_] online, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the CEO of PTI US Towers II, 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: 3/25/24 -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. 54--- (Signature) �S: Cop1K1."IS1111_ NOTARY PUBLIC, in and for the State 1 A44. r 1�ubNc,>lioMaf of Florida, residing at �3P� /76-rld /�-- My appointment expires Av(� U 2a- REVOCABLE RIGHT-OF-WAY USE LICENSE - Page 11 PTI Site ID: US-WA-1009 Kent II (between the City of Kent and PTI US Towers II, LLC) „ i I l Exhibit A i License Area and Site Plan K. ss�v..n+ne1 w11 7 � � M� p�1+� riroa l'4YT�IrtrW, �Sr\rtt'� Ita 1.7� ( � � .�t•�a�i J.rM`.ri fGf. I i � uwra�+r ac+"wie°'rv�wi I 1 � 1 , I 4{,� '•iMNn 1 I ! ' FY•.�7�C�.�. ' 1 i I 1 f� 1 6YGRAL6 9tYG PLAN -auaF'��H I i i I i i i Client#: 1722613 140PTIUS ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE 3/26/202/202/YYYY) 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: T Jennifer M. Burton_ McGriff Insurance Services LLC PHONE 410 480-4400 FAX, No): 866-548-4197 AIC,No,Ext 5850 Waterloo Road,Suite 240 E-MAIL ADDRESS: certificatesmd@mcgriff.com Columbia, MD 21045 INSURER(S)AFFORDING COVERAGE NAICN 410 480-4400 INSURER A:Hanover American Insurance Co. 36064 INSURED INSURER B:Hanover Insurance Company 22292 PTI US Acquisitions LLC INSURER 999 Yamato Road INSURER D Suite 100 INSURER E Boca Raton, FL 33431 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERC IAL GENERAL LIABILITY LZQA52340109 1/01/2024 01/01/2025 EACHOCCURRENCE $1,000,000 Fy DAMA $1,000,000 CLAIMS-MADE LAl OCCUR GE TO RENTED PREMISES(Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY 71 JECT XLOC PRODUCTS-COMP/OPAGG $2,000,000 $ OTHER: CMBINED B AUTOMOBILE LIABILITY AHQH87956202 1/01/2024 01/01/202 EaacccdS entINGLELIMIT $1,000,000 BODILY INJURY(Per person) $ ANY AUTO OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident B X UMBRELLA X OCCUR UHQA52340209 1/01/2024 01/01/2025 EACH OCCURRENCE $10 000 000 EXCESS LIAR CLAIMS-MADE AGGREGATE $1 O 000 000 DED X RETENTION$O _ $ B WORKERS COMPENSATION WZQD794980 1/07/2024 01/07/202 X PTRT TE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L.EACH ACCIDENT $1 OOO,OOO _ OFFICER/MEMBER EXCLUDED? L] N I A (Mandatory in NH) Phoenix Tower Int'I E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below Investments, LLC E.L.DISEASE-POLICY LIMIT $1,000,000 - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: US-WA-1009 City of Kent is named as Additional Insured with regards to General Liability for ongoing and completed operations,when required by written contract subject to policy provisions.Waiver of subrogation applies in favor of City of Kent, its officers,officials,employees,agents,assigns,and volunteers with regards to General Liability. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10007 SE 200th Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98031 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S34022984/M33613703 MEBAT DESCRIPTIONS (Continued from Page 1) ****SCHEDULE OF ADDITIONAL NAMED INSUREDS**** Phoenix Tower Holdings II, LLC Phoenix Tower International Investments, LLC Phoenix Tower US Development, LLC Phoenix Tower US Holdings(REIT), Inc. PTI Fiber California, LLC PTI Fiber, LLC PTI LT I, LLC PTI PR Development Sites II, LLC PTI PR Towers I, LLC PTI US Acquisitions, LLC PTI US Assets I, LLC PTI US Assets II, LLC PTI US Holding Company, LLC PTI US II, LLC PTI US Structurals, LLC PTI US Tower Acquisitions, LLC PTI US Towers I, LLC PTI US Towers II, LLC PTI US TV II Holdings, LLC PTI US TV 11, LLC PTI US, LLC Syscom Telecom, LLC Tower Assets Newco IX, LLC Tower Ventures Holdings III, LLC Tower Ventures Holdings, LLC BBH TV Holdings III, Inc. TVT I, LLC SAGITTA 25.3(2016/03) 2 Of 2 #S34022984/M33613703