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AG 06-025RETURN TO: �,�qn�„ n �,/ EXT: 2� "Z 1 IUIlJ�� 1 Y lX CITY OF FEDET�L WAY LAW DE PARTMEl� 1 R ���(���RM �� �.�s- s � � h � � �..�. �. 1. ORIGINATING DEPT./DIV: �I l.�l�� I 2. ORIGINATING STAFF PERSON: ��^� ��it I I _ EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE �,CONTRACT AMENDMENT (AG#):Dlp-b2� ❑ OTHER ❑ SECURITY DOCUMENT (E.c. sorm �Ln�D Docv►�rrTS> ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECTNAME:�S,Q ��(w1Y`�C, ��P � �C�VI'�o,�� . �QI �r��� �+� k 6. NAME OF CONTRACTOR: C�U01 �.t�� � �C ADDRES S: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND A'TTACHMENTS: ❑ scoPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: L I ��I O�D COMPLETION DATE: y I� � I�`� 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�s ❑ rro tF �s, MAxiMUM DoLL.�.�vtourrT: $ IS SALES TAX OWED ❑ YES � NO IF YES, $ PAID BY: � CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (�F �PI.ICASLE) ❑ Law P 3-�1-�1 � n�te, p.I 11. COUNCIL APPROVAL (IF �PLIC.�BLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR� �CITY CLERK �'ASSIGNED AG# I'I�IGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED P -�- AG# � (p'�'��7 Q DATE SENT: �-11 11/9 FIRST AMENDMENT TO SITE LEASE AGREEMENT FOR CLEARWIRE LLC (AG # 06-025) This First Amendment ("Amendment") is dated effective this 20th day of April, 2011, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Clearwire LLC, a Nevada limited liability company ("Tenant"). A. The City and Tenant entered into a Lease Agreement dated March 2, 2006 commencing on Apri120, 2006, whereby the City agreed to lease to Tenant a portion of the space on and air-space above the City Property, located at Lakota Park ("Lease"). B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional5 years from the effective date of this amendment. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: Term Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on April 20, 201 l, and expiring April 19, 2016, unless renewed pursuant to the terms of the Lease Agreement. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. - 1 - DATED the effective date set forth above. CITY OF FEDERAL WAY r By: Skip Pries , Mayor PO Box 9718 Federal Way, WA 98063-9718 ATTEST: , 1 Carol McNeilly, C C, Ci lerk STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) APPROVED A TO FORM: � Patricia Richardson, City Attorney TENANT: CLEARWIRE LLC B � �..�;�,i,�,i,,, ` __� Name (printed):�I�q,.�1 Title: �rcc � Q�� �s On this day personally appeared before me '��•.�, �-�-�� , to me known to be the ��,`n�- of �ep.��.�,r� (,J`, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ``\ �����\\\1111 11 �� GY L. L �►���� ' '� �� ` � �� a° % �/�° s fA : � .• m � � � -�{ s 4 • y : s - _ � �p�'�.,� e��� _�� ' E` �,,� �9_ 1 � .���0 = p�'����������.��`' _ �, , ���1G �� � , � w � ��'` day of }�lr; l , 2011. (typed/printed name of notary) Notary Public in and for the State of l�� P�l-�ZSJ�'Ct�� My commission expires 0�'' ��--I 1 - 2 - DATE IN: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIY: PA~ 2. ORIGINATING STAFF PERSON: ST-e.\IE. \~ EXT: <0'1\ \ 3. DATEREQ.BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) D PROFESSIONAL SERVICE AGREEMENT D SECURITY DOCUMENT (E.G. AGREEMENT & D MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) D PUBLIC WORKS CONTRACT D CONTRACTOR SELECTION DOCUMENT D SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) AG#:O~ -025 A (LESS THAN $200,000) D CONTRACT AMENDMENT D PURCHASE AGREEMENT) D CDBG (MATERIALS, SUPPLIES, EQUIPMENT) ~HER ~~-r ~r D REAL ESTATE DOCUMENT 5. PROJECT NAME: L~~n P'C}vk-- ?\k ~t~~. 6. NAME OF CONTRACTOR: t\(c;O-YW \ Y"(i...- U? LLC, ADDRESS: TELEPHONE SIGNATURE NAME: ----- TITLE ----- 7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: --..- 9. TOTAL COMPENSATION $ ~ turYWlt ~~ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $ - IS SALES TAX OWED DYES D NO IF YES, $ PAID BY: D CONTRACTOR D CITY 10. CONTRACT REVIEW INITIALIDATE APPROVED INITIALIDATE APPROVED ~JECTMANAGER IRECTOR b:C ~. -uo. 0'1 o RISK MANAGEMENT D LAW AJP ~y .\ .c; 11. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED INITIALIDATE APPROVED D LAW DEPARTMENT ~(Qi D CITY MANAGER ~ D..,f;I'fY CLERK " SIGN COPY BACK TO OR}INATING DEPT. ('~ 4'~\' 09 fO.,SSIGNED AG# 0l9- -0 ~~ D PURCHASING: PLEASE CHARGE TO: ~ENTS 7 - Dl-<;u ~d ~Dm CD oW~~ (~Vl<Z:W . 10/09/02 clear 41 re March 2, 2009 City Manager City of Federal Way 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063 Re: Consent Letter, Site: W A- T AC 155 - Lakota Park - SW 312th Street & Dash Pt. Road Dear Mr. Beets, Clearwire US LLC, a Nevada limited liability company ("Clearwire") and City of Federal Way, a municipal corporation of the State of Washington entered into a Site Lease Agreement (the "Agreement") on March 2, 2006 for a site located at Lakota Park (SW 31ih St. & Dash Pt. Road, Federal Way, W A (the "Leased Premises"), to install telecommunication equipment as defined in Exhibit C, "Lessee Facilities". The Agreement allows for the following Equipment: Four (4) Panel Antennas, Four (4) BTS and associated cables/conduit and cabinet. Clearwire currently has installed the following on the light standard: Three (3) Panel Antennas, Three (3) BTS and associated cables/conduit and cabinet. Clearwire is currently upgrading the existing technology in the Puget Sound area by overlaying new supporting equipment - Kathrein antennas, Motorola DAP Heads & ClearComm Diplexers. The Motorola DAP Heads will eventually be replacing the old BTS units. Additionally, the existing panel antennas are to be replaced with the Kathrein model, therefore, there will not be any changes to the number of panel antennas. The Kathrein antennas are similar in size and weight to the existing panel antennas. See attached cut sheets for the equipment. Clearwire considers this proposed work to be maintenance of the existing facility, which is allowed pursuant to the Agreement with the City's approval. Clearwire hereby requests your consent and coordination to replace the three (3) panel antennas, add three (3) Motorola DAP Heads and three (3) Diplexers with associated cable at this location. The DAP Heads are proposed to be installed inside the existing 1O-foot by 1O-foot fenced ground space. As mentioned this is only supporting equipment, which allows Clearwire to upgrade the technology. The old BTS equipment, Diplexers and supporting lines will be removed in November-December of 2009 after completion of the WiMax Overlay. Please see the attached details for the DAP Head & Diplexer. Please sign and date the acknowledgment below on the two (2) original copies enclosed and return one (1) original copy to my attention. (Please mail or transmit via scanned email) We anticipate starting the work between June 15, 2009 & September 15, 2009 to meet Clearwire's operational needs. Site Number: WA-TAC!55W08.! Site Name: Lakota Park Please transmit and direct any questions to: Justin Abbott, Select Site Acquisition (206) 790- 4655 5702 Olive Avenue SE, Auburn, W A 98092 or email to Justin.Abbott@SelectSiteAcq.com. Thank you for your cooperation in this matter. Sincerely, l;/i'rioF 1fennan Chris Herman NDPM Clearwire US LLC (206) 730-2291 Acknowledged, Accepted and Agreed: City of Federal Way, City Manag.// Signed: ~~ ~ printName:~ f<.~ Date: 4/6(0 r . _ Site Number: WA-TACl 55W08. I Site Name: Lakota Park MotMoIa DAP RF Moctl* DHcrtptIon Motorola Vx DAP I/V RF Module St=IIrn ill the "legacy" Molcrola DAP RF ModT.dlt asHmbly. NOTE: The "legacy" DAP Includes the requftCI iIHanct iIoIatiolI fiberI and dl:Ies nG% requn the insIaIIaliDn of tile ..ma1 Vx fiIlIH' assemblieS.. llOt.AR BHJaD DAP RF MODULE Atc:Ilitectute FreqveIJcy BandD Output Pow<< Pottr: ap.rdtlg T~R~ fnIU~ Mi!JIIf DimenlIiDIIo Dual Transmit and Dual Recenr. Palhs 2.3 OHio 2.5 GMz. 3.5 OHz 10 W lDtaI (5 W per branch) 1 FilMlr. 1 DC P_ -40 C lD +65 C +48 we nominal (+4OVDC to +9VDC) 4elllIS 26"lc14"lc9" ClearComm technologies, 1.1.,(; WIRELESS PRODUCTS WiMax I Expedience Diplexer Filter Name: WiMax / Expedience Diplexer (A 1-D3/C4-G3) ClearComm Model# CCDP-658-1 W Center Frequency 2535 MHz 2637 MHz Passband 2502 - 2568 MHz 2584 - 2690 MHz Insertion Loss 1.0 dB Max Isolation 70 dB Min Group Delay Distortion 400.0 nS Max Input Power 10 Watts Max Return Loss 20 dB Min Input Connectors 7/16 DIN female x 3 pi Size 7.61 x 6.30 x 1.73 Ins (See Outline) Weight 4.01bs ClearComm tedmoIogies, LtC WIRELESS PRODUCTS WiMax I Expedience Diplexer TYPICAL PERFORMANCE CHI Sll log MAG CH2 s;e] log MMi PRn Cor PRn Cor f5'9 CENTER 2 595.000 000 MHz 25 Nov 2008 15,32,40 5 dBI RCf 0 dB 40 -32.0] dB ]0 clBI REf 0 clB 40=,-97.92B clB SPAN 250.000 000 MHz OUTLINE DIMENSIONS ua 1 > 8 ~ CHI SJ] CH2 :>21 log MAG log MAG 25 Nov 200B 15,3],1& 5 clBI REf 0 clB 40 -30.132 clB 10 clBI REf 0 clB 40=,-.2277 clB ~~ , &90. 00 O~ MHz D \ (~ X I ^ fA f\ f\ !\ ~ \ j ',/1 -~:~ ~c''GH~ d ,-; 43R B V I ~. ur 3 '2.~ FGH B ..wo'MJ. ,_.....,- If" '" l;J. .~ PRn Cor B PRn ~~ , &90, 00 00 MHz X ~ L ( / I I "\ /~ !\ ^ ~I 1\) N I N -l~ ~DGHz -J 4 cI I~' u 3 '2.~ f7t't, iO. ..... 'I! \ ...., ..Ii .,a Cor ~vg CENTER 2 595.000 000 MHz 7..'1 ... m.__ =l -~ ~ ~ SPAN 250.000 000 MHz z < D] SCALA DIVISION ~ ~ 2 x 131 1847 Mounting Kit 64 ':!lm ~~ M8 ~ -w ~ ~ 2 x 738 546 Mounting Kit Mounting Options: Model Description Mounting Kit for 2 to 5.7 inch (50 to 145 mm) 00 mast. Mounting Kit for 2 to 4.6 inch (50 to 115 mm) 00 mast. Tilt Kit for use with the 2 x 738 546 mounting kit 0-15 degrees down tilt angle. 2 x 131 1847 2 x 738 546 85010013 840 10057 870 X-pol Panel Antenna 2496-2690 MHz 850 10013 Tilt Kit ~.5 inches I (64 mm) -, 00 00 45.3 inches (1151 mm) 44.1 inches (1120mm) 42 inches (1067 mm) Order Information: Model 840 10057 Description Antenna with 7-16 DIN connectors p...) 2.7 inches I ~ . (69 mm) >( . 6.1 Inches (155 mm) All specifications are subject to change without notice. The latest specifications are available at www.kathrein-scala.com. Kathrein Inc., Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541) 779-6500 Fax: (541) 779-3991 Email: communications@kathrein.com Internet: www.kathrein-scala.com K TN SCALA DIVISION Kathrein Scala's X-polarized adjustable electrical downtilt antennas offer the carrier the ability to tailor sites for optimum performance. Using variable downtilt, only a few models need be procured to accommodate the needs of widely varying conditions. Remotely controlled downtilt is available as a retrofitable option. . 0-100 electrical downtilt range. . DC Grounded metallic parts for impulse suppression. . No moving electrical connections. . Optional remote downtilt control. Specifications: Frequency range Gain Impedance VSWR Intermodulation (2x20w) Polarization Front -to-back ratio Maximum input power +450 and -450 polarization horizontal beamwidth +450 and -450 polarization vertical beamwidth Electrical downtilt continously adjustable Connector Sidelobe suppression for first sidelobe above horizon 2496-2690 MHz 16dBi 50 ohms < 1.5:1 IM3:< -150 dBc +450 and -450 >23 dB typical 300 watts (at 500C) 87 degrees at midband (half power) 7 degrees at midband (half power) 0-10 degrees 7-16 DIN female 00 40 80 100 15 15 15 15 dB (typical) > -1 dBi to 120 below horizon (typical) (17 dB below 16 dBi main beam) >30 dB 10 Ib (4.5 kg) 42 x 6.1 x 2.7 inches (1067 x 155 x 69 mm) 2.5 ft2 (0.23 m2) 120 mph (200 kph) 48 x 6.8 x 3.6 inches (1220 x 172 x 92 mm) 13.6 Ib (6.2 kg) Fixed and tilt-mount options are available for 2 to 5.7 inch (50 to 145 mm) OD masts. See reverse for order information. 'Mechanical design is based on environmental conditions as stipulated in EIA-222-F (June 1996) and/or ETS 300 019-1-4 which include the static mechanical load imposed on an antenna by wind at maximum velocity. See the Engineering Section of the catalog for further details. Null fill Isolation Weight Dimensions Equivalent flat plate area Wind survival rating' Shipping dimensions Shipping weight Mounting o V 1 0952-C 270' Horizontal pattern :1:450- polarization 00 electrical downtilt Horizontal pattern :1:450- polarization 50 electrical downtilt Horizontal pattern :1:450- polarization 100 electrical downtilt 840 10057 870 X-pol Panel Antenna 2496-2690 MHz Vertical pattern :1:450_ polarization 00 electrical downtilt Vertical pattern :1:450- polarization 50 electrical downtilt Vertical pattern :1:450- polarization 100 electrical downtilt Kathrein Inc., Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541) 779-6500 Fax: (541) 779-3991 Email: communications@kathrein.com Internet: www.kathrein-scala.com Amy Jo Pearsall From: Sent: To: Cc: Subject: Rebecca Chapin Wednesday, April 01, 2009 11 :06 AM Amy Jo Pearsall Isaac Conlen Clearwire WA-TAC155, file # 09-101087-00-AD Hi Amy Jo, The following is a response to an email Isaac forwarded to me about Clearwire at Lakota Park: The proposed replacement of equipment is exempt pursuant to FWCC section 22-966(c)(6). Routine maintenance or repair of a wireless communication facility and related equipment is allowed without a permit as long as height, dimensions or visual impacts do not change with the replacement equipment. After reviewing the letter, there will be no changes in the number or relative size of the panel antennas as proposed and the replacement of the DAP Heads/Diplexers/associated cables will be done inside the existing fenced area, and it is considered routine maintenance. No further review is required for this site. If you have any questions please let me know, Becky Chapin Planning Intern City of Federal Way 33325 8th Avenue South, PO Box 9718 Federal Way, WA 98063 253-835-2641 (p) 253-835-2609 (D Rebecca. Chapin@cityoffederalwav.com 1 ~._,,- DATE IN: I DATE OUT: I TO: Hea1;Vvf CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT. IDlY: UlW I Chli I 2. ORIGINATING STAFF PERSON:J(a \Iev') ri("t~tri( k EXT: ZSu Z 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o SECURITY DOCUMENT (E.G. AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERFIMAlN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o PUBLIC WORKS CONTRACT o CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFJ>, RFQ) (LESS THAN $200,000) o CONTRACT AMENDMENT AG#: C/o -DdS- o PURCHASE AGREEMENT) o CDBG (MATERIALS, SUPPLIES, EQUIPMENT) ~OTHER ~\.\:( l.t.Cl~e ~ra,>>1.t-v1+ o REAL ESTATE DOCUMENT 5. PROJECT NAME: CUn.'lI.lJl'y-.( SH:t l'~Dc..e ~V'egWl0V') t- j~ llitt 6. NAME OF CONTRACTOR: L.lllAvw \vL ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES pt ALL EXHIBITS REFERENCED IN DOCUMENT ~INSURANCE CERTIFICATE , DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - AHACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES o NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES DNO IF YES, $ PAID BY: 0 CONTRACTOR D CITY 10. CONTRACT REVIEW INITIALfDATE APPROVED INITIAL/DATE APPROVED o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT o LAW 11. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED ~ LAW DEPARTMENT ,^CITYMANAGER ~ CITY CLERK SIGN COpy BACK TO ORGINATING DEPT. )(ASSIGNEDAG# otrO;)S o PURCHASING: PLEASE CHARGE TO: COMMENTS I')- -f;:f . 1J1 (11"/[5 WIer pVllC,P c,ma Cl\\~ OV\~\",a1lS \rvtt \C- '\]) (PA.A ). / V / tY!~ 10/09/02 It e I Site Number: WA-TACI55 Site Name: Lakota Park SITE LEASE AGREEMENT II'"cl . k THIS LEASE is entered into this L day of fv1 c. vc L- , 200 , by and between the City of Federal Way, Washington, a Municipal Corporation (hereinafter "City") and Clearwire LLC, a Nevada limited liability company, whose address is 5808 Lake Washington Blvd. NE, Suite 300, Kirkland, W A 98033 (hereinafter "Tenant"). City is the owner in fee simple of a parcel ofland located in the City legally described on the attached Exhibit "A" (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless communications service ("Service"). In consideration oftheir mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises together with necessary space and rights for access and utilities, described and depicted in attached Exhibit "B". Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit "C". Tenant may not add Equipment in addition to that shown on Exhibit "c" other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years commencing on the sooner of Tenant's construction ofits wireless communications facilities on the Premises or 6 months following the date of execution by the city (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. a. Within fifteen (15) days of the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent ONE THOUSAND SEVEN HUNDRED NINETY and NO/lOO DOLLARS ($1,790.00) ("Rent")per month. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave South, PO Box 9718, Fedeml Way, Washington 98063-9718; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment that is 10 days or more past due. Any amounts 10 days or more past due Page 1 e . Site Number: WA-TAC155 Site Name: Lakota Park shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1 st of each calendar year. c. Within thirty (30) days of the Commencement Date, Tenant shall submit to the City a Security Deposit in an amount of FIVE THOUSAND AND NO/I 00 DOLLARS ($5,000.00), which shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. d. Additional Consideration. As additional consideration for this Lease, within thirty (30) days after the full execution of this Lease, Tenant shall reimburse the City for all of the City's costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees and the time expended by the City staff and City Attorney's office such amount not to exceed One Thousand Two HwuJred and NOll 00 Dollars ($] ,200.00). 4. Pennitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within fixtures mounted to replacement pole. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. c. Tenant shall remove the Equipment from the Premises upon tennination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Page 2 e e Site Number; WA-TAC155 Site Name: Lakota Park Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, relocate, change, or reconstruct the Equipment pursuant to the City's instructions and within the reasonable time period prescribed by the City. 5. Relocation. In the event City desires to redevelop, modifY, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class AB, or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time Page 3 e e Site Number: WA-TACI55 Site Name; Lakola Park provided that the replacement facilities are not greater in number or size or different in type, color or shape or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit "D" with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further agrees to monitor the Equipment for fire, smoke, intrusion, and AlC power failure by Tenant's 24-hour electronic surveillance system. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable detennination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 1 I. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, roles and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights-of-way pursuant to its regulatory authority. Page 4 ------------ e e Site Nlll11ber: WA.TACI55 Site Name: Lakota Park 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWCC 22-972 as it now exists or is hereafter amended. City shall have the right pursuant to FWCC 22-971 to grant rights for co-location of other telecommunications facilities on the Premises. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days written notice by City, for any reason as detennined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Immediately, upon written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental Page 5 ...- e e Site Number: WA.TACI55 Site Name: Lakota Park codes, ordinances, resolutions, standards and policies as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). Vll. Upon thirty (30) days written notice by Tenant of a court decision described in Section 26(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to tenninate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any tennination under this Section, Tenant shall pay City all monies due as rent and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. c. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to tenninate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Hannless: Tenant shall, at its sole cost and expense, indemnifY and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of 'I'enant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the sole negligence of City and its officers, boards, commissions, employees, agents, attorneys and contractors. Page 6 e e Site Number: WA-TAC155 Site Name: Lakota Park c. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and naming City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: 1. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. 111. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, along with written evidence of payment of required premiums, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty (30) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers licensed to do business in the State ofWasmngton and with a rating of A-IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection Page 7 e e Site Number: WA.TAC155 Site Name: Lakota Park with such suits, actions or proceedings. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent ofthe City, shaH be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: Ifto City, to: City Attorney 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063 With a copy to: City Manager 33325 8th Avenue South PO Box 9718 Federal Way, W A 98063 If to Tenant, to: Clearwire LLC Attn: Property Manager 5808 Lake Washington Blvd. NE, Suite 300 Kirkland, W A 98033 Telephone: 425-216-7600 Fax: 425-216-7900 With a copy to: Clearwire LLC Attention: Law Department 5808 Lake Washington Blvd. NE, Suite 300 Kirkland, W A 98033 19. Subleasing or Assi~ent. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee Of sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, Page 8 e e Site Number: WA.TACI55 Site Name: Lakota Park mortgage or grant a security interest in this Lease and the Equipment. 20. Successors and Assigns. Subject to Section 19, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 21. Non- Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions ofthis Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 22. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes ) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 23. Quiet Enjoyment. Tide and Authority. City represents to Tenant that: a. City has authority to execute this Lease; b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; c. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 24. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 25. Alteration. Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or Page 9 e e Site Number: WA.TACI55 Site Name: Lakota paJt negligence of Ten ant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment ofthe obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 26. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. Ifthe methods oftaxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms ofthis Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. Page 10 Site Number: WA-TACI55 Site Name: lakota Park h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. 27. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. This Lease was executed as of the date first set forth above. CLEARWIRE LLC, a Nevada limited liability company By: Q. C_ ~ Its: John PI Storen Vice f..'resioenl j-Jatworl< Deployment By: CITY i\ERAL WAY u~J~ Derek Matheson, Interim City Manager 33325 8th Ave South PO Box 9718 Federal Way, Washington 98063-9718 ATTEST: ~U!l~ntlt" I~~ L ra Hathaway, City lerk APPROVED AS TO FORM: Page] ] Site Number: WA-TAC155 Site Name: Lakota Park ST ATE OF WASHINGTON) ) ss. COUNTY OF \U~lS\ ) On this day personally appeared before me ~N A. ~~ ,to me known to be the yPN~~~f r..t~<<2Wl~ I/t.-V that executed the foregoing instrument, ~rkt acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my h~4-QftI\I/~ficial seal this ~ ~ "" \'lESS "" r4f:M ~- ,,,-'-,,,,,,,",,,:" l/!.!, :- <:J ~~""~s\ON s:l!'" .....;.'1,. - V' ~ i' "T,()", ~ Z J rnJ = a:?:r~ 01 AI?.L- ~" \P~ :; ;:co ~ ~~ 1- ~ ;0 _. - Ul@ ~ (typed/printed name of notary) ~ tfl\ ,()UB\..\u j~.ff Notary Public in and for the State of Washington. /,,/ ~ >", 9, 19_Q~/~"O: My commission expires 4/1'1/0 c; Iii (, O'll1\\\\\"''';~~ .$' . '" F WAS~':-.."""" 111"\\\\\,,,..."" K:\TELECOM\CJearwire\site lease 11.7.05 , 20010 Page 12 Site Number: WA-TAClS5 Site Name: Lakota Park EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Portion ofNE Y-. ofSE Y-., Section 12, Township 21 North, Range 3 East, W.M., lying Southeasterly of the Robert Maltby Road AND ALSO portion of said subdivision lying Northeasterly of County Road No. 980 and Northwesterly of Robert Maltby Road. Page 13 Ii! L '" ( "ii! \ ~.. ( ..;I i gl :i i' \ ~~ ;;~ I .... ~~ ..15 II ; im ! i (0 .... (j)' ~ '- ~ ':; ~ i I ~~ .... ~. as ~~~ Q) ~ '0; I i . 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Ej ii ~~ ~~: ~II I!; Ut il 1:l!V :; I", I , 'II i ~ .:r. : J,,5 ,"._. ._._\.___._ ; l 'I ii; -1Y ,'__'" .' · I. .! 11 ! ' , .'! I' ' !' 1 ~ i ~ I !j! hi ! i , I .. .~ L ' , .1' f . - i . ---I ~- rA . . - ' ",,' ... . _._ _-__! ,,; . 1 - I ... ,'_'_'~ L.~_' ., ,...ti ;~ig '" ~Ki a~ei~ :till I' ''I I':!'! II I llid l~ lii! lil:l, 'i ; , "" "II II..;! Ii .'" ~ " ;II ,ill fm Client#: 69777 EAGLE RIVE ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMf[)OIYYVY) 2/9/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seattle Office ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ABD Insurance & Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 Union Street Suite 3310 Seattle, WA 98101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A; St. Paul Fire & Marine 24767 Clearwire LLC INSURER B: National Union Fire Insurance/PA 19445 P.O. Box 2908 INSURER C: Affiliated FM Insurance Company 10014 Kirkland, WA 98083-2908 INSURER 0; INSURER E: COVERAGES 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 CONTRACT OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRr TYPE OF INSURANCE POLICY NUMBER P~+~':,;~~~8W1E Pg~fJ,~":;~~~N LIMITS A GENERAL LIABILITY TE08401384 11/01/05 11/01/06 EACH OCCURRENCE $1 000 000 ~ g~~~U9"~~~!~?.nce\ 2L COMMERCIAL GENERAL LIABILITY $300 000 ~ ::=J CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $10000 PERSONAL & ADV INJURY $1,000 000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APrilS PER: PRODUCTS - COMP/OP AGG $2 000 000 I .nPRO- X POLICY JECT LOC A ~TOMOBILE UABILITY TE08401384 11/01/05 11/01/06 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-DWNED AUTOS (Per .c.eident) PROPERTY DAMAGE $ (Per ac.eident) ~~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY BE4953405 11/01/05 11/01/06 EACH OCCURRENCE $5 000 000 txJ OCCUR D CLAIMS MADE AGGREGATE $5 000 000 $ ~ ~EDUCTIBLE $ X RETENTION $ 10 000 $ A WORKERS COMPENSATION AND WV A8400636 12/31/05 11/01/06 X I T~~J!f::T.~~ I 10J~- EMPLOYERS' LIABILITY $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT OFFICER/MEMBER ExCLUDED? E.L DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under $1 000,000 SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT C OTHER Property TW789 11/01/05 11/01/06 $1,000,000 Liability DESCRIPTION OF OPERATIONS / LOCATIONS t VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: WA-TAC155/ Lakota Park, SW 312th Street and Dash Point Road City of Federal Way, its officers, boards, commissions, employees and agents are additional insured as respect their interest in the referenced site. CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Federal Way DATI" THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---3.lL. DAYS WRITTEN P.O. Box 9718 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Federal Way, WA 98063 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/0811 of 2 #S787041/M753287 EAGLERIVE VXD o ACORD CORPORATION 1988 ._~-