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AG 00-007�'rU�v'ro: Thomas Fichtner ExT:2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DN: �T 2. oIUG�NAT�NG STAFF PERSON: THOMAS FICHTNER ExT: 2547 3. DATE REQ. BY: 08/21/12 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCLTMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT O PROFESSIONAL SERVICEAGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE � RESOLUTION � CONTRACT AMENDMENT (AG#): OO-OO7 ❑ INTERLOCAL � OTHER 5. PROJECT NAME: Lease Termination for Nextel Site# WA00226A - Sacajawea Park 6. NAME OF CONTRACTOR: Nextel West Corp. ADDRES S: SIGNATURE NAME: _TELEPHONE FAX: TITLE EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIItEMENTS/CERTIFICATE ❑ ALL OTEIER REFERENCED EXHIBTfS ❑ PROOF OF AUTHORITY TO SIGN 0 REQUII2ED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: y5/2013 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TTTLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO iF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: 0 CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW �PROJECT MANAGER � DIRECTOR ��� ❑ RISKMANAGEMENT (g'APPLICABLE) ❑ LAW 11. COUNCILAPPROVAL(�nrPLICa,Bt.E) INITIAL / DAT � �IEWE �� % � � ,h�P �I -I O -12 y� COMMTfTEE APPROVAL DATE: 1v INITIAL / DATE APPROV ED COUNCII,APPROVALDATE: `CI �7 12. CONTRACT SIGNATURE ROUTING 1 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ,` DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 1� LAW DEPARTMENT �SIGNATORY (1vtaYOlt Ox DIItECTOR) _ ❑ �ITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED INITIAL / DATE SIGNED AG# DATE SENT: • I ��. �J l 11/9 Nextel Site # WA0226A LEASE TERMINATION AGREEMENT _ �ND , GENERAL RELEASE This LEASE TERMINATION AGREEMENT AND GENERAL RELEASE (the "Agreement") is made as of September 07, 2012, by and between Nextel West Corp., a Delaware corporation ("Nextel") and City of Federal Way, a Washington municipal corporation ("Owner") with reference to the following facts, understandings and intentions: RECITALS A. Owner owns certain property located at 1600 S W Dash Point Road, Federal Way, WA ("Owner's Property"). Nextel, as lessee or tenant (or successor in interest to the lessee or tenant), and Owner, as lessor or landlord (or successor in interest to the lessor or landlord), are parties to that Lease Agreement dated as of December 28, 1999 (the "Lease") whereby Owner leases to Nextel a portion of Owner's Property, as further described in the Lease (the "Site"). B. Nextel uses the Site for a communications facility that, pursuant to the Lease, may include among other things, an antenna tower or pole and foundation, utility lines, transmission lines, an air conditioned equipment room or shelter and pad, cable wiring, conduit runs, radios and other electronic equipment, transmitting arid receiving antennas and microwave dishes, batteries and other power sources;(po�sibly iriciuding a generator and ,�ad), related fixtures and supporting equipment, and structures therefore (collectively, the "Communications Facility"). C. By letter dated August O5, 2012, as permitted by the terms of the Lease, Nextel notified Owner of Nextel's election to terminate the Lease, effective as of February O5, 2013 ("Notice"). Owner acknowledges that Nextel's written Notice was properly given and effective. D. Nextel and Owner are willing to so terminate the Lease, pursuant to the provisions of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Date of Termination: Final Pa�nt. a. The Lease is hereby canceled and terminated effective at 11:59 p.m. on February O5, 2013 ("Termination Date"). From and after the Termination Date, neither Owner nor Nextel will have any further rights or obligations under the Lease, and Nextel will have no further right or interest with respect to the Site. b. In full and final payment of any and all sums due or owing by Nextel to Owner under the Lease or otherwise in connection with Owner's Property or the Site, Nextel will make 1 04 iDEN DeComm Lease Termination Agreement OS 142012 //� Nextel Site # WA0226A a final payment of Four Hundred and Fifly One Dollars and Ninety Cents ($451.90), in the same time and manner as rent is currently paid by Nextel, constituting Rent and other charges (if appticable) for the final month of the Lease (from February 1, 2013 through February O5, 2013) (the "Final Payment"). 2. Vacation and Surrender of the Site; Site Acceptance. a. Owner and Nextel have expressly agreed that, on or before the Termination Date, Nextel will vacate and surrender the Site to Owner in its current "AS-IS" condition, except that Nextel will remove from the Site the following (the "Removed Equipment"): Antennas and Mounting hardware Coax lines and related hardware Nextel's radios and back-up batteries Nextel will have no further obligation (notwithstanding anything to the contrary contained in the Lease or otherwise) to remove the Communications Facility (all of which will be deemed abandoned by Nextel and accepted by Owner) or otherwise repair or restore the Site or any other portion of Owner's Property. b. Upon Nextel's vacation of the Site, Owner and Nextel will each execute duplicate originals of the "Site Acceptance and Release" in the form attached hereto as E�ibit A ("Site Acceptance"). Owner's execution of the Site Acceptance will constitute conclusive evidence and proof that Nextel has vacated and surrendered the Site to Owner in the condition required by the Lease and this Agreement, and that any portion of the Communications Facility (and any other equipment or property) remaining on Owner's Property will be deemed abandoned by Nextel and accepted by Owner, on the terms set forth therein. 3. Voluntar�g,reement. The parties have read this Agreement and the releases contained herein and, on advice of counsel, have freely and voluntarily entered into this Agreement with full understanding of its terms. 4. Recitals. T'he above recitals are an integral and substantive part of this Agreement and are incorporated herein. 5. Attornevs' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party will be entitled to recover attorneys' fees and expenses from the other. 6. Successors. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 7. Counterparts. This Agreement may be executed in any number of duplicate originals or counterparts, each of which will be deemed to be an original, and all of which taken w 2 04 iDEN DeComm Lease Termination Agreement 05142012 �) � Nextel Site # WA0226A together will constitute one and the same agreement. 'The parties agree that their signatures may be delivered by fax or email. 8. Governin� Law. The validity, interpretation, construction and performance of this Agreement will be controlled by and construed under the laws of the state in which the Site is located. IN WITNESS WHEREOF, the parties have executed this Lease Termination Agreement and General Release as of the date and year first above written. "OWNER" City of Federal Way, a Washington municipal coroor ' By: Name Title: / r,�i�� / — __ . � 3 04 iDEN DeComm Lease Termination Agreement 05142012 "NEXTEL" Nextel West Corp., a Delaware corporation � ���.. ��� �I _�i/L.. :.� . :. . , ..- Nextel Site # WA0226A Exhibit A SITE ACCEPTANCE and RELEASE This SITE ACCEPTANCE and RELEASE is made as of December 19, 2012, by and between Nextel West Corp., a Delaware corporarion ("Nextel") and City of Federal Way, a Washington municipal corporation ("Owner") with reference to the following facts, understandings and intentions: A. Owner and Nextel are parties to that LEASE TERMINATION AGREEMENT and GENERAL RELEASE dated December 19, 2012 (the "AgreemenY'), that terminated a Lease for a Site on Owner's Property located at 1600 SW Dash Point Road, Federal Way, WA (Nextel Site # WA0226A), all terms of which are incorporated herein. Capitalized terms used but not defined herein have the meanings set forth in the Agrcement. B. Nextel used the Site for a communicarions facility that may have included, among other things, an antenna tower or pole and foundation, utility lines, transmission lines, an air conditioned equipment room or shelter and pad, cable wiring, conduit runs, radios and other electronic equipment, transmitting and receiving antennas and microwave dishes, batteries and other power sources (possibty including a generator and pad), related fixtures and supporting equipment, and structures therefore (collectively, the "Communications Facility"). C. Nextel removed some or all of the Communications Facility, and restored the Site and Owner's Property to the condition required by the Lease and the Agreement, and Nextel vacated and surrendered the Site to Owner. The parties now desire to execute this Site Acceptance and Release, pursuant to the Agreement. NOW, THEREFORE, in consideration of the foregoing, the provisions set forth below, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owner hereby acknowledges that Nextel has restored the Site and Owner's Properry to the condition required by the Lease and the Agreement, and Nextel vacated and surrendered the Site to Owner on or before the Termination Date as required by the Agreement. Owner acknowledges that any portion of the Communications Facility (and any other equipment or property) remaining on Owner's Property shall be deemed abandoned by Nextel (collectively, the "Abandoned Property"), and Owner accepts any such Abandoned Property in its present condition "AS-IS", "WHERE-IS" and "WITH ALL FAULTS", and without any representations, warranties, promises, covenants or guazanties whatscever, express, implied, oral, written, statutory or otherwise (including, without limitation, no warranties of merchantability, marketability, profitability, fimess for a particular purpose or conformiry to models or materials), and Owner fully and forever releases Nextel and the Released Parties from all Claims and any and al! liability whatscever in connection therewith, and agrees to indemnify, defend and hold Nextel and the Released Parties harmless from and against all Claims and any and all losses, costs, liabilities, damages, claims, actions and causes of action (including attorneys' fees and court costs) arising out of or relating in any way to any such Abandoned Properiy. Executed on � ' � , 201� "OWNER" City of Federal Way, a Washington municipal corporation By: � NAme: r Title: 04 iDEN DeComm Lease Termination Agreement OS 142012 "NEXTEL" Nextel West Corp., a Delaware corporation BY� I ��/� G' �L%i=—{ Name: ���n F Baker Title: ������ anage� / � � �YO/3 S r�nt : p Mailstop KSOPHTO101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 Toll Free: (800) 357-7641 Facsimile: (913) 523-9735 Email: LandlordSolutions@Sprint.com August O5, 2012 VIA Certi�ed Mail Tracking #:70111570000146153857 City of Federal Way Thomas Fichtner 33325 8th Avenue South Federal Way, WA 98003 Re: Termination of Lease Agreement ("Agreement") dated December 28, 1999 Owner: City of Federal Way WA Nextel: Nextel West Corp. Nextel Site ID: WA0226A Site Address: 1600 SW Dash Point Road, Federal Way, WA Dear Mr./Ms. : Pursuant to Section 15 of the above-referenced Agreement, this letter will serve as notice that Nextel is exercising its right to terminate the Agreement, effective February O5, 2013. In the event that any filings of record made by Nextel are discovered that encumber your title to the above- referenced Site, Nextel will execute a Memorandum of Termination or otherwise reasonably cooperate in taking actions necessary to remove the encumbrance. If you have any yuestions, please contact BlackDot Wireless at 866-712-8137or contact our toll-free Landlord Solutions team at 800-357-7641. When calling, please have the Nextel Site ID(above) available for reference. Sincerely, �.���C�� Real Estate Manager 01 iDEN DeComm Termination Notice Template 05142012 COUNCIL MEETING DATE: November 6, 2012 CITY OF FEDERAL WA� CITY COUNCIL AGENDA BILL SUBJECT: NEXTEL SITE LEASE TERMINATION ITEM #: 5T' POLICY QUESTION: Should Council approve the Nextel site lease termination for the cellular site at Sacajawea Park? COMMITTEE: FEDRAC CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution 1ViEETING DA'rE: October 23, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Thomas_Fichtner, Information Technolo .Managerm DEPT: Information Technology Attachments: Lease Termination Agreement and General Release SummaryBackground: The City of Federal Way and Nextel West Corporation entered into a lease agreement (AG# 00-007) for a communications facility at Sacajawea Park (Nextel Site# WA0226A). Nextel wishes to terminate the lease agreement, effective February 5, 2013, due to the nationwide shutdown of the Neartel network. In return for early termination, Nextel is performing a"partial deconstruction" of the site, which means leaving certain equipment such as HVAC equipment and conduit to make the site more lucrative for another carrier. It is in the City's best interest to facilitate the partial deconstruction instead of a"full deconstruction" which would restore the site to pre-lease conditions without the equipment and conduit. Funding: The current rent due to the City is $2,433.31 per month. In 2013, this rent will increase by 4% to $2,530.64. In 2013, Nextel will pay the January rent in full and a pro-rated amount for the 5 days in February totaling $451.90. Upon singing of the Lease Termination Agreement and General Release, Nextel may wish to make a one-time payment to the end of the lease instead of month-by-month. Options Considered: 1. Approve the Mayor's recommendation to execute the Lease Termination Agreement and General Release to terminate the tease and the partial deconstruction of Sacajawea Park Nextel cellular facility. 2. Deny the approval of the purchase and provide staff with further direction. _..__- __ __ MAYOR'S RECOMMENDATION: Mayor recommends executing the Lease Termination Agreement and General Release to terminate the lease and the partial deconstruction of the Sacajawea Park Nextel cellular facility. MAYOR APPROVAL: �i7��� ���„� _/���� DIRECTOR APPROVAL: � c mm�tt� Council r` _�ommittee� Council 'rl✓ //��s,..� COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 6, 2012 Council Consent agenda for approval. �� Dini Duclos, �'Rc�ger Freeman, '�� Bob Celski, Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the execution of the Lease Termination Agreement and General Release to terminate the lease and the partial deconstruction of the Sacajawea Park Nextel cellular facility.'' (BELOR'TO BE COMPLETED BYCITY CLERKS OFFICE) �UNCIL ACTION: APPROVED COUNCIL BII..L # DErTIED 137 reading ❑ TABLED/DEFERRED/NO ACfION Enactment reading ❑ MOVED TO SECOND READING (ordireances only) ORDINANCE # REVISED— 08/12R010 RESOLUTION # RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV:1AW I 1,�1V 1 l 2. ORIGINATING STAFF PERSON: �_�p �i��Q� EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT HUMAN SERVICES CDBG REAL ESTATE DOCUMENT SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ORDINANCE RESOLUTION ,�CONTRACT AMENDMENT (AG#}: Q(� —(gp'1 OTHER 5. PROJECT NAME: �OtCGi. �p��Gp �Ol�(I�C.. N211C�G��� 6. NAME OF CONTRACTOR: C j�,lrlh{ X�� �J e eS'�' (�errs�, ADDRESS: J TELEPHONE SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: scoPE WORK OR SERVICES 0 COMPENSATION INSURANCE REQUIREMENTS/CERTIFICATE ALL OTHER REFERENCED EXHIBITS PROOF OF AUTHORITY TO SIGN REQUIRED LICENSES PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENTDATE: �2'2$�09 COMPLETIONDATE: «IZ�I1�-J 9. TOTAL COMPENSATION (INCLUDE EXPENSES AND SALES TAX IF' A1vY) (IF CALCULATED ON HOURLY LABOR CHARGE ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0�s No u' �s MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED YES NO IF YES, PURCHASING: PLEASE CHARGE TO: PAID BY: O CONTRACTOR o CITY 10. CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL DATE APPROVED PROJECT MANAGER DIRECTOR RISK MANAGEMENT (1F APpL1CAB�,E} J�LAW I 1. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ,�(LAW DEPARTMENT SIGNATORY (C oR DI�cTOx) CITY CLERK ,�ASSIGNED AG# �I SIGNED GOPY RETURNED f 2 arr�irt4►g COMMENTS: ,�i i �I!t �..y Y_i 1i,N i f 4/9 SECOND AMENDMENT TO LEASE AGREEMENT FOR NEXTEL WEST CORP (AG 00-007) This Sec�o�n Amendment to Site Lease Agreement ("Amendment") is dated effective this day of ��i�l�l".�r��2009, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Nextel West Corp, a Delaware corporation, ("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effective December 28, 1999, as amended by First Amendment dated September 30, 2005, whereby the City agreed to lease to Nextel West Corp, as Tenant, a portion of the space on and air-space above the City Property ("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 ofthe Lease for an additional five (5) years. 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, the Lease shall be renewed for an additional five (5) year term commencing on December 28, 2009, and expiring December 27, 2014, unless renewed pursuant to the terms of the Lease. 3. Rent. Tenant shall pay to the city rental fees in the amount of $2,249.73 per month, due on the 5�' of each month. The Rent shall be increased by four percent (4%) per yeax throughout the term of the lease. 1 Site ID: WA0226-A 4. Notices. Section 16 of the Lease shall be amended to change the notices addresses for the City and Tenant as follows: If to City: With a copy to: City Attorney P.O. Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 City Manager PO Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 If to Tenant: Sprint Nextel Property Services Mailstop: KSOPHTO101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 with a copy to: Sprint Nextel Law Department Mailstop KSOPHTO101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Attn: Real Estate Attorney 5. Full Force and Effect. All other terms and conditions of the Lease not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Brian son, ��ity Manager� PO B 9718 C�. Federal Way, WA 98063-9718 ATTEST: arol McNeilly, CM City Cl rk AP OVED A TO FO Patricia 'chardson, City Attorney 2 Site ID: WA0226-A NEXTEL WEST CORP, a Delaware Corporation B �a►�� s. ��I y Deborah S. Howard, Authorized Agent 310 Commerce Drive, Suite 100 Irvine, CA 92602 Landlord Solutions: 800-357-7641 3 Site ID: WA0226-A State of Califor CALIFORNIA ALL-PURPOSE County of CERTIFICATE OF ACKNOWLEDGMENT On Z before me, in ert name and title of t e officer) personally appeared t�t,.. who proved to me on the basis of satisfactory evidence to be the person(�j' whose name(� is/a�subscribed to the within instrument and acknowledged to me that i�/she/th�y executed the same in �1her/t�r authorized capacity(i�, and that by.J�ris/her/t�ir signature(s} on the instrument the person(�}, or the entity upon behalf of which the person(�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature s< (Seal) OPTIONAL INFORMATION Although the in ation in this section is not required by law, it could prevent fraudulent removal and reattachment of this an unauthorized document and may prove useful to persons relying on the attached document. Description of At�hed Document The preceding Certificate of Ac wledgment is attached to a document Method of Signer ldentification titled/for the purpose of Proved to me on the basis of satisfactory evidence: form(s) of identification 0 credible witness(es) Notarial event is detailed in notaryjournal on: containing pages,anddated Page# Entry# The signer(s) capacity or authority is/are as: tvotary contact: Individual(s) Other Attorney-in-Fact Additional Signer(s) Signer(s) Thumbprint(s) Corporate Officer(s) Title(s) Guardian/Conservator Partner-Limited/General Trustee(s) Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 7-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com - . ..~-_. DATE IN: I DATE OUT: I TO: L\ \ \ ~\O~ CITY QF FEDE~~ WAY LAW DEPARTMENT f>\~~~07 cr {flI {05 L\ ?-q OJ REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP I. ORIGINATING DEPT./DIV~'t..,'5 . ' .",."~~~.. ORIGINATING STAFFPERSO~nn."- TK v.. 1\ ~ 2. EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) D PROFESSIONAL SERVICE AGREEMENT D SECURITY DOCUMENT (E.G. AGREEMENT & D MAINTENANCE/LABOR AGREEMENT PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU Of BOND) D PUBLIC WORKS CONTRACT D CONTRACTOR SELECTION DOCUMENT D SMALL PUBLIC WORKS CONTRACT . (E.G., RFI3. RFP, RFQ) (L8SS THAN $200,000) ~ONTRACT AMENDMENT AG#: CO-I D PURCHASE AGREEMENT) D CDBG (MATERIALS, SUPPLIES. EQUIPMENT) D OTHER D REAL ESTATE DOCUMENT 5. PRQJECTNAME: ~Oc.c.:J(L~ Vr~r\L \\'()Ck\___ ~ -- "'_'__,-- 6. NAME OF CONTRACTOR ~~. ~W ~\.v.,r.. 1" U\. ~.1{(I.Y\ L\1S}Z-1 4- -z.<l ~ 1- ADDRESS: '2\.oDC? f\. e.\~ ~ ?F\(rLV'U \ \,J,)O.,,__c:\9.1_\1.. TELEP ONE _....J_:~i:~l~ SIGNATURE NAME: '..__~_ TITLE ________ 7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: -"",'-'.'"- COMPLETION'DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES U NO If YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES DNO IF YES, $ PAID BY: D CONTRACTOR D Crr 10. CONTRACT REVIEW w~APpr~~ju5 INITIALIDATE APPROVED ~QJECTMANAGER ~,._~,,,..,.,,,.,'-"~" ._'~ D RECTOR . {- h~-- IJj D RISK MANAGEMENT \~ LAW ~ 7((s ."., II. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED i LAW DEPARTMENT """.,,---.~._- CITY MANAGER ----,-~..."'".....,,,"',._~ CITY CLERK ~ SIGN COpy BACK TO ORGINATTNG VEPT. .&~~ ~ ASSIGNED AG# 00 '-I (tAt D PURCHASING: PLEASE CHA GE TO: ~ tl-\ ~~ \~ Ll!o. ~~__ ,~.,-~"'.- . (~~ Qf1 rfl/) V ~'\ '~. . . .~ - ,.._'"~." ",. ..--... -....-..----- 10109/02 l . .. AGtI 00--1 (C\) FIRST AMENDMENT TO LEASE AGREEMENT FOR NEXTEL WEST CORP. This First Amendment ("Amendment") is dated effective this 3D'1t1 day of 'S~h<.f , 2005, and is entered into by and between the City of Federal Way, a ashington municipal corporation ("City"), and Nextel West Corp, a Delaware CorporatIOn ("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effective December 28, 1999 and renewed by letter dated September 15th, 2004, whereby the City agreed to lease to Tenant a portion of the property, more commonly known as Sacajawea Park, 1600 SWDash Point Road, 98003 ("Lease"). I B. Section 27.b..ofthe Lease provided that any modification of or amendment to the Lease must be in writing and executed by both parties. C. The City and the Tenant desire to amend the Lease to increase the lease premises. 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 tenus and conditions: 1. Lease Premises. Section 1 of the Lease and the Description of the Premises attached as Exhibit "B" to the Agreement shall be amended to include additional lease space more particularly described in Exhibit "B-4" attached hereto and incorporated by this reference ("Additional Lease Space"). Tenant shall at its sole cost remove and replace the stud wall as depicted in Exhibit "B- 4" in order to accommodate the expansion into the Additional Lease Space. Additionally, Tenant shall relocate the existing electric meter to the outside of the building as depicted in Exhibit "B-4" and relocate the telephone to the restroom/maintenance building at its sole cost. 2. Full Force and Effect. All other tenus 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. By: vidH. oseley, City Man er PO Box 9718 Federal Way, WA 98063-9718 ATTEST: APPROVED AS TO FORM: ~(uJ)<\ \~ld\ltlt ~ atricia A. Rich rdson, City 1\ orney TENANT: NEXTEL WEST CORP. By: j,..")---, ~~ ~.c.)o(A Mary . Murdoch, DIrector of SIte .. ':_"..;;' .'-""' Development ] 255 Treat Boulevard, Suite 800 Walnut Creek, CA 94597-7982 STATE OF ~~AJ) (800) 275-9084 COUNTY OF ~/.r' ) ss. ) On this day personally appeared before me Mary M. Murdoch, to me known to be the Director of Site Development of Nextel West Corp. 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 ~ day of ~P.... , 2~ LORELEI T. BELMONTE q~ ?b~ NOT ARY PUBliC . . STATE OF WASHINGTON (typed/pnnted name of notary) COMMISStON EXPIRES Notary Public in and for the State of JUNE 19. 2009 4..hd/i't:76 "-" . My commission expires &, 7.P.p/ . - 2 - .. .. REDONDO/SACAJAWEA EXHIBIT 8-4 1600 SW DASH POINT ROAD SITE: NUMBER: WA0226- 1 ;j ;/ /\ /"-..." ,//-- lXISTING GATE wi SLATS ;/ // + +Y" y '" ....--,._~ ~ 7 "'''''' 00"00'"' ""' ~'--' _/7 x x EXISTING TREE ___.J ......................... ---............_- ~ -~-~-:: // I ~" [~J 1----- lXISTlNG CHAIN liNK .--...--------/~ -------......~-------------- / FENCE W / SLATS lXISTING WOOD ~/' x x FENCE I /~ EXISTING GPS ANTFNNA PROPOSED LOCATION OF NEW NEXTEL PANEL "~""._".,-,,.. / X x. , .,~".,.,~, PROPOSED LOCATION OF __, n___J - EXISTING GEN RECEPTACLE ~-- NEW JUNCTION BOX EXISTING ELECTRiC METER --".._,--~_..., TO BE REMOVED AND RELOCATED OUTSIDE OF EXISTING BUILDING PROPOSED LOCATION OF NEW ELECTRIC METER ~ ~ PROPOSED NEXTEl ~ I EXPANSION AREA "-ot' 2'-7" 2' -0. l' -0. 6" JUNCTION 80X TO 8E REMOVED AND RELOCATED [XI STING PICNIC \.".... ...n.__" IN " '."..~.". TABLES .0 EXISTING STUD WALL TO I 8E REMOVEO -IN ~ ~ ,.". "."""-." PROPOSED LOCATION OF NEW NEXTEL TELCO BOARD ~ I RELOCATE PHONE PER in - lANDLORD REOUlREMENTS .- ----- --" RELOCATE EXISTING LIGHT ~----- 0 SWITCH TO OPPOSITE EXISTING ~----- w P~cf>oSED WALL EMERGENCY EXIT I PROPOSED '0 SIGN - aXTEL NEXTEL PROPOSED LOCATION OF E UIPMENT EQUIPMENT NEW UGHT SWITCH I EXISTING NEXTEL ,.~o~o:J9~o. EOUIPlAENT TO BE ,/ REMOVED .\NO RELOCATED ,/ EXISTING DOOR TO BE .../" REMOVED AND FR.lMED EXISTING NEXTEL---"'// IN/FINISHED TO !lATCH 8'-10"Xl0'-6' EXISTING EXTERIOR EDUIPMEN r ROOM I ~----1 --....---.' ' EXISTING NEXTEL~- -- CABLE TRAY ,. ""V'..', ._"""","" ,. ,""Y'"N'."'" .. ~."'"" ~, ,J~~' .~w.. ,~_... .',_'.',~',., Ow 6" ~ -, --_._...~--~,,~.~..~,-~--~._--_.~--_.._._~ ~.~._-_.,,~...,.~.,..,-- ,. ."".'. .~, ....,. -~~_."-_.....,."~,....,- "-_.~.~_...~' ~ EXISTING NEXTEL TELCO BOARD TO 8E REMOVED AND RELOCATED EXISTING NEXTEL PANEL TO SITE PLAN BE RELOCATED TO OPPOSITE PLAN: NOT TO SCALE SIDE OF BUILDING 1. ORIDINATINGDEPT.JDIV" GOA.M 2. DRIDINATING STAFF PERSDN, :$4- 4. TYPE OF DOCUMENT REmUEBTEO [CHECK ONE), 0 PROFESSIONAL BERVICE AGREEMENT 0 BECURITY DoCUMENT 0 MAINTENANCEILABOR AGREEMENT 'E.a., A_EEMONT" _-"'N 8eNe, _'GNMENT OF FUNDS 'N UEU aF BeND] 0 PU"LIC WORKS CONTRACT 0 CONTAACTDR SELECTION OOCUMENT 0 SMALL pusuc WORKS CONTRACT 'E.a., RFS. RFO, RF'" 0 P;;;;;~'~~;;:~GU"ME~ ~~=::~ENL-e~ rtkt'~ 0 REAL ESTATE PURCHASE & BALES AaREEMENT b COSG . . U 5. PRO.JECT NAME: Nf2¡+..JL ¡J~ ~f L~ - ~C(f4 CJ¿~ @~ B. NAME OF CDNTRACTOR, EXT:- 3. DATE REm, By: AOORESS, PHONE: TYPE OF PERSON OR ENTITY [CHECK ONEJ: 0 INOIVIOUAL 0 PAATNERSHIP 0 BOLE PROPRIETORSHIP BTATE' 0 CORpDRATION TAX IOtJBBt, SIGNATURE NAME: TITLE: 7. SCOPE DF WDRK: ATTACH ExHIBIT A . A CCMPLETE ANO OETAILEO OEBCRIPTION OF T><E SERVICES OR BCOPE OF WORK, INCLUOIND COMPLETION DATE FOR EACH PHASE OF WORK ANO LOCATION OF WORK. B. TERM: COMMENCEMENT DATE' COMPLETION DATE' /2-LfI-OÝ 9. TOTAL CDMPENBATIDN [INCLUDE EXPENSEB ANO SALES TAX, IF ANy) IoF CA~U"TEa DN MOUALV "BOA CHAAGE - ATTACH GCHE ULEB aF EMoLDYEEE TOTLEE ANa HaUOAY AATEE' REIMBURBABLE EXPENBEB: DYES ONe ONe IF YEB, MAXIMUM OOLLAR AMOUNT'S Is BALES TAX OWED? DYES IF YES, S PAlO SV: 0 CONTRACTOR 0 CITY 10. SELECTION PROCEBB UBEO [CHECK ONEJ: 0 REGUEST FOR BIOS 0 REGUEST FDR pRDpOSALB 0 REGUEST FDR GlUDTES 0 REGUEST FDR GlUAUFICATIONS 0 ARCHITECT & ENalNEER LIST 0 SMALL WORKB ROSTER 11. CONTRACT REVIEW INITIALJDATE ApPROVEO 0 O'RECTDR 0 LAw [ALL CONTRACTS) 0 R'SK MANAaEMENT 'ALL =NTPA~ EXCE~ _ENaME~. =NTPACTDA EELECTODN aOCUMENn 0 HUMAN BERVICES 11, CONTRACT SIGNATURE ROUTING INITIALJDATE ApPROVEO r.,(JLAW DEPARTMENT (1.~ r 3- q C, ~'TY MANAaER /7 - (3- c¡ 9 0 ::: :::K BACK TO GRI"'" T"'. D;;;iJ.l..W v/;/r . 0 ASSIGNED AG t ~ ~~ì tifgl-r f tJ¡Z;iZ 0cY(f1 e~ 0 PURCHASING' PLEASE CHARaE TO' bc--s D ftfl1 COMMENTS WHOVE - O.'.'N.. .,... - =~.= C_AV - ~-....-- "'NK - ~W .O~. OaLDRNAaa - o.,~-~... ~... LOaO. ,... "~., ~\,. ~.. ~\ LEASE THIS LEASE is entered into this ~ day of D(}~t,t1999, by and between the CITY OF FEDERAL WAY, WASHINGTON, a Municipal Corporation (hereinafter "City") and NEXTEL WEST CORP., a Delaware Corporation, with its principal office located at 1750 I 12th Avenue NE, Suite C-l 00, Bellevue, W A 98004 (hereinafter "Tenant"), ORIGINAL City is the owner in fee simple of a parcel of land located in the City of Federal Way, County of King, State of Washington, more commonly known as Sacajawea Park, 1600 SW Dash Point Road, 98003, legally described on Exhibit A which is attached hereto and incorporated herein by reference (the "Property") which includes two (2) light standards and a concession building. Tenant desires to lease space on the Property 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 telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, a portion of the Property consisting of approximately ninety-three (93) square feet of space within the concession building and attachment points and space on two (2) light standards (hereinafter the "Premises") for its Equipment, together with necessary space and rights for access and utility easements, all as described and depicted in Exhibit B which is attached hereto and incorporated herein by reference. City and Tenant acknowledge that these light standards and the building are not exclusively for Tenant's use; however, Tenant has exclusive rights to the designated equipment space and to the designated portion of the two (2) light standards where Tenant's Equipment is located. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. 2. Tests and Construction Tenant shall have the right at any time following the full execution of this Lease, after reasonable notice to City, to enter upon the Property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings and other reasonably necessary tests. Tenant shall not commence construction of the Equipment until the Commencement Date of this Lease and upon issuance of all necessary licenses, permits and any other necessary approvals. A portion of Tenant's construction work shall include replacement of the City's roof in the concession building where Tenant's radio equipment will be located, as well as the nearby park restroom building, generally depicted on the attached Exhibit B. Final construction drawings shall be subject to City's review and approval and approval shall not be unreasonably withheld or delayed. 3. 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. 4. Term. The term of this Lease shall be five (5) years ("Term") and shall commence on the date this Lease is fully executed ("Commencement Date"). Tenant may renew this Lease for three (3) additional five (5) year terms ("Renewal Term(s)") 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 Term or Renewal Term. The City may refuse to renew this Lease for a Renewal Term (i) in the event of an uncured breach of this Lease existing at the expiration of the then current Term or Renewal Term; or (ii) if the fair market rental, as determined by an independent appraiser jointly selected and paid for by the City and Tenant, is twenty percent (20%) more than the Rent due by Tenant hereunder (provided that MAl real estate appraisal methods are followed) and Tenant refuses to amend this Lease to provide for the increased rental rate. Any such refusal to renew by the City shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current Term or Renewal Term. In addition, the City may refuse to renew this Lease for the reasons set forth in Paragraph 3 herein, provided that all of the requirements set forth in Paragraph 3 have been complied with. 5. 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 NINE HUNDRED SEVENTY FIVE and NO/IOO DOLLARS ($975.00) ("Rent"). 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 33530 1st Way South, Federal Way, Washington 98003; Attention: City Treasurer. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due 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 (ifany). c. Within thirty (30) days of the Commencement Date, Tenant shall submit to the City a Security Deposit in an amount equal to five (5) months' Rent, or FOUR THOUSAND EIGHT HUNDRED SEVENTY FIVE and NOIlOO DOLLARS ($4,875.00), which shall be 2 refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. d. Additional Consideration. As additional consideration for this Lease, within thirty (30) days after the Commencement Date, Tenant shall reimburse the City for all of the City's costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees and the time expended by the City staff and City Attorney's office; provided that in no event shall such reimbursement amount exceed FIFTEEN THOUSAND and 00/100 DOLLARS ($ I 5,000.00); and provided further that, as a condition precedent to Tenant's obligation to reimburse the City herein, City shall provide to Tenant documentation of such costs and expenses. In addition, within thirty (30) days following the Commencement Date and upon continuous commercial radio operations from the Premises, Tenant shall provide the City with six (6) standard ESMR mobile phones (specific model to be determined by Tenant). Tenant shall not be responsible for any service charges for such phones, including but not limited to installation, activation, access, air time, long distance and toll charges associated with the use of said phones, which shall be the sole responsibility of the City. The City shall refer solely to the manufacturer of such phones, and not to Tenant, for the cost of any necessary phone repair or replacement. 6. Permitted Use of Premises. a. Tenant shall use the Premises for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including, for example, 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 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 attorneys', 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 termination of the Lease, Upon removal of the Equipment, Tenant shall restore the affected area of the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If, however, Tenant requests permission not to 3 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, excluding the Premises, 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; provided that, subject to Section 3 herein, such alterations do not adversely affect Tenant's use of the Premises or its operation of the Equipment thereon. 7. Restoration. In the event that 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 restore the Premises 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 that 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 "B," or be replaced to the original condition, at the City's reasonable discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged by Tenant, 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. 8. Improvements. Tenant may update or replace the Equipment from time to time 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 Exhibit B 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 requirement~ 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 determination of the City, Tenant shall submit to the City a structural analysis demonstrating the wind and load capacity of the light standards for Tenant's Equipment, which shall be stamped by a Washington State professional engineer. Tenant shall also submit a construction schedule to the City for the City's 4 approval, which approval shall not be unreasonably delayed or withheld. Title to the Tenant Equipment shall be held by Tenant. All of Tenant's Equipment shall remain Tenant's personal property and are not fixtures. Tenant has the right to remove all Equipment at its sole expense on or before the expiration or earlier termination of the Lease; provided, Tenant repairs any damage to the Premises caused by such removal, restoring the Premises to its pre-Lease condition, normal wear and tear excepted. Tenant acknowledges that the removal of the Equipment does not include removal of any portion of the concession building or light standards. 9. Premises Access, a. Tenant, Tenant's employees, agents, contractors, lenders and invitees shall have reasonable access, at no charge, to the Premises twenty-four (24) hours a day, seven (7) days a week. The City grants to Tenant, and its employees, agents, contractors and invitees, a non- exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Property described in Exhibit B. City retains and reserves the right to access the Property at all times. The City's access to the Premises shall be coordinated with Tenant, upon not less than twenty-four (24) hours prior notice, except in the case of emergencies as determined in the City's reasonable discretion. b. The City shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions, City shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. In the event Tenant is unable to obtain separately metered services for the Premises, Tenant shall have the right to draw electricity from the existing utilities at the Premises by means of setting an electrical deduct meter at the Premises wherein Tenant shall pay to the City as additional consideration the sum of ONE HUNDRED AND NOli 00 DOLLARS ($ I 00.00) per month for the right to draw electricity from the City's existing electrical service at the Premises; except that the City shall have the right to increase this monthly amount; and Tenant agrees to pay the increase in the event the servicing electric company increases its rates during the term of this Lease, or if Tenant's electric consumption increases beyond $100.00 per month. Tenant shall also have the right to use a standby power generator at the Premises. The City agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Tenant or to the servicing utility company, at no cost to Tenant, of an easement in, over, across, or through the Property as required by such servicing utility company to provide utility services as provided herein so long as such grant of easement does not interfere with the City's use of the Property. Tenant shall release and hold harmless the City for any interruption in service while drawing electricity from the existing utilities on the Property, as long as the City, after sufficient notice to Tenant, makes a diligent effort to restore power to the Premises by means of requesting the electric company to restore said service during a power outage. Tenant agrees to obtain separate utility service for the Premises in the event the City notifies Tenant during 5 the Term of this Lease, including any Renewal Terms, of City's own need for additional electrical power. 11. Maintenance. a. 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 subject to force majeure or unless affected by destruction which is not the result of Tenant's activities or operations. Additionally, Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements. b. Tenant shall not be required to make any repairs to the Premises or Property (except as otherwise set forth herein) unless such repairs shall be necessitated by reason of the act, default or neglect of Tenant, its agents, employees, contractors, or invitees. Tenant is required to make all necessary repairs to the Tenant's Equipment. 12. 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, rules 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 Lease. 13. Police Powers. This Lease is subject to ordinances of general applicability enacted pursuant to the City's police powers. 14. Interference. a. Tenant shall operate the Equipment in a manner that will not cause interference to the City> and other lessees or licensees of the Property whose use predates this Lease, and in compliance with the requirements of Federal Way City Code ("FWCC") §22- 966(i)(2). In addition, with respect 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 Federal Communications Commission ("FCC") requirements. b. Pursuant to FWCC §22-966(h), the City may issue permits for and enter into leases to allow collocation of other telecommunications facilities on the Property, and Tenant consents to same; provided however that the collocation must occur in compliance with FWCC 6 §22-966(h) and City shall not lease the Premises to any party other than Tenant unless there is a relocation under Section 3, termination under Section 15 herein or normal expiration of this Lease. c. In the event that any collocation results in interference with Tenant's operations, and provided that the Tenant has complied with Section 14.a. above, the City agrees to take reasonable steps to encourage the interfering party to eliminate such interference. In the event that the interference is not eliminated within sixty (60) days of notice to City by Tenant, Tenant may terminate this Lease upon thirty (30) days prior written notice or pursue other remedies available under this Lease or available against the interfering party. 15, Termination a. This Lease may be terminated as follows: 1. Upon thirty (30) days written notice by either party for the other party's failure to cure a default or breach, including non-payment by Tenant of amounts due under this Lease, within that thirty (30) day period, provided that if such non-monetary default cannot reasonably be cured within such thirty (30) day period, this Lease shall not terminate if such defaulting party commences to cure the default within the thirty (30) day period and cures the default within sixty (60) days after receipt of notice of such default. 2. 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 or if Tenant determines that the Premises are no longer suitable because of economic reasons. 3. Upon thirty (30) days written notice by City (i) if Tenant permanently abandons the Premises or its Equipment; provided, however, that City acknowledges that Tenant's communications facility located on the Premises is unmanned; or (ii) if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within one hundred twenty (120) days; 4. Upon ninety (90) days written notice by City, for reasons involving public health, safety, or welfare. In addition, if the public's health, safety or welfare is endangered by the operations of Tenant's Equipment and Tenant fails to discontinue its operations as soon as is reasonably possible after receipt of notice thereof, and thereafter Tenant is unable to cure the conditions causing the endangerment within thirty (30) days after receipt of such notice, City may immediately terminate this Lease. 5. Immediately, in the event of an emergency, as determined by the City in its reasonable discretion. In addition, the City may immediately terminate this Lease in the event of an emergency arising from Tenant's Equipment or Tenant's use of the Premises if Tenant fails to cure the situation giving rise to the emergency as soon as is reasonably possible after receipt of notice thereof. 7 6, 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 codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration(F AA). 7. Upon thirty (30) days written notice by Tenant if it does not obtain or maintain, through no fault ofT enant and using reasonable efforts to maintain, any license, pennit or other approval necessary for the construction and operation of its Equipment on the Premises; or if it is unable to occupy and utilize the Premises due to an action of the FCC, including, without limitation, a take back of channels or change in frequencies. 8. For any other reason set forth in this Lease. b. In the event of any tennination under this Section, Tenant shall pay City all monies due as of the date of tennination, including rent, attorneys' and collection fees and any other damages incurred by City as a result of such tennination. In addition Tenant shall, at its sole expense, return the Premises to the same condition existing on the Commencement Date (nonnal wear and tear, and casualty beyond Tenant's control, excepted), and shall remove all Equipment. c. No re-entry and taking of possession of the Premises by City pursuant to an uncured default by Tenant, beyond any applicable cure period, shall be construed as an election on City's part to tenninate 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 tennination, City may at any time thereafter elect to tenninate this Lease for such previous uncured breach by Tenant. This Section IS.c. shall not be construed to allow City to re-enter and take possession of the Premises, or relet the Premises without tennination of this Lease, other than as set forth in this Lease or as pennitted by the laws of the State of Washington. 16. Indemnitvand Insurance. a, Disclaimer of Liabilitv. 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 Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and City's officers, boards, commissions, employees, agents, attorneys, contractors and subcontractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), arising or alleged to arise from any act or omission of Tenant, its employees, agents, contractors or subcontractors or which may be in any way connected with the 8 construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment. To the extent permitted by law, the City shall indemnify and hold Tenant harmless ITom all claims (including attorneys' fees, costs and expenses of defending against such claims) arising or alleged to arise from the sole negligence of the City or the City's agents, employees, or contractors occurring in or about the Premises, or in or about the Tenant's access and utility rights-of-way (as such access and utility rights of way are provided for by Sections 1, 9 and 10). The obligations described in this Section shall survive termination of this Lease. 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: i. Comprehensive commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) excess, and Three Million Dollars ($3,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) excess, and Three Million Dollars ($3,000,000) in the annual aggregate. iii. 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: "The issuing insurance company shall endeavor to provide at least thirty (30) days written notice (certified mail> return receipt requested) and at a minimum shall provide at least fifteen (15) days written notice to the City prior to the cancellation, replacement or material alteration of such insurance coverage." f. Deductibles: reasonable deductibles. All insurance policies may be written with commercially g. License: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of A-IV unless waived by the City. 9 h. Defense of Citv: 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 attorneys' fees and shall also include the reasonable value of any services rendered by the City Attorney's office, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities incurred by City in connection with such suits, actions or proceedings. 17. Holding Over. Any holding over after the expiration of the term allowed for in this Lease (including the Term and any Renewal Terms), with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 18. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the date of this Lease. 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. 19, Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, postage prepaid certified mail, return receipt requested; to the following addresses: If to City, to: City of Federal Way 33530 - I st Way South Federal Way, WA 98003 Attention: City Treasurer With a copy to: City of Federal Way 33530 - 1st Way South Federal Way, WA 98003 Attention: City Attorney If to Tenant, to: Nextel West Corp. 1750 112thAvenueNE, Suite C-100 Bellevue, WA 98004 Attn: System Development Manager 10 And a copy to: Nextel West Corp. 1750 1 12th Avenue NE, Suite C-100 Bellevue, W A 98004 Attn: Property Manager And a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Attn: Legal Dept., Contracts Manager City or Tenant may, ITom time to time, designate any other address for this purpose by written notice to the other party. 20. Subleasing or Assignment Tenant shall not sublease the Premises or the Tenant's Equipment or facilities without prior written consent ITom City, which consent may be conditioned at City's sole discretion. Additionally, Tenant may not assign or otherwise transfer all or any part of its interest in this Lease or in the Premises without the prior written consent of City; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interestor entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Section 29. City may assign this Lease upon written notice to Tenant, subject to the assignee assuming all of City's obligations herein, including, but not limited to, those provisions set forth in Section 29. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent of the City Tenant's interest in this Lease to any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances, or similar financial arrangements or instruments or in respect of guaranties thereof. 21. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties hereto, and, subject to Section 20, their respective permitted successors and assigns. 22. Non-Waiver. Except as otherwise set forth elsewhere in this Lease, the parties are not waiving any of their rights. The failure of either party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. 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. 23. Taxes. Tenant shall pay all personal property and other taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the Term 11 or Renewal Term, if any. of this Lease attributable to the Equipment or Tenant's use of the Premises. 24. Ouiet EniovmentlTitle City represents to Tenant that: a. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens, mortgages and other matters of record, and any other matters disclosed and otherwise apparent to Tenant; b. City has legal ingress and egress rights from a public right-of-way to the Property; c. Execution and performance of this Lease will not violate any laws or agreements binding on City; and d. 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. 25, 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. 26. 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 negligence of Tenant, Tenant may elect to terminate this Lease as of the date of the alteration, destruction or damage by giving City notice thereof no more than thirty (30) days following the date of such alteration, destruction or damage. 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 except to the extent the Premises are altered, destroyed or damaged through no fault or negligence of Tenant. City shall have no obligation to repair any damage to any portion of the Premises. If Tenant chooses not to terminate this Lease, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 27. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. 12 b. With the exception of applicable existing 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 concerning the subject matter hereof. 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 hereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation 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 other 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 provision of this Lease is found to be unenforceable or invalid, such unenforceabilityor invalidity shall not affect the remaining terms of this Lease, all of which shall continue in full force and effect; provided that if Tenant's obligation to pay Rent is found to be invalid or unenforceable, then this Lease shall automatically terminate. h. This Lease may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. The City acknowledges that a Memorandum of Lease in the form attached hereto as Exhibit C will be recorded by Tenant in the official records of the County where the Property is located. In the event the Property is encumbered by a City mortgage or deed of trust, the City agrees to obtain and furnish to Tenant a non-disturbance and attornment instrument for each such mortgage or deed of trust. j. Tenant may obtain title insurance on its interest in the Premises. The City shall cooperate by executing documentationrequired by the title insurance company. k. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Lease, such party shall not unreasonably delay or withhold its approval or consent, unless otherwise set forth herein, 13 I. All Exhibits attached hereto form material parts of this Lease. m, This Lease may be executed in duplicate counterparts, each of which shall be deemed an original. 28, 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 Lease, Tenant agrees that the provisions of this Lease shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. 29. Waiver ofCitv's Lien. a. The City waives any lien rights it may have concerning the Tenant's Equipment which is deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without the City's consent. b. Tenant has indicated to City that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of Tenant's Equipment (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith: (i) subsequent to Tenant's receipt of all necessary permits and approvals to install and operate the Equipment on the Premises (and subject to Tenant's compliance with Section 6 herein) the City consents to the installation of the Collateral; (ii) the City disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) the City agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 30, Marking and Lighting Requirements. Tenant acknowledges that it, and not the City, shall be responsible for the Premises and Equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Tenant shall indemnify and hold the City harmless from any fines or other liabilities caused by Tenant's failure to comply with such requirements. Should the Tenant or the City be cited by either the FCC or FAA because the Premises or the Tenant's Equipment is not in compliance, and should Tenant fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Lease immediately on notice to Tenant or proceed to cure the conditions of noncompliance at Tenant's expense, 14 IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above. CITY: CITY OF FEDERAL WAY, a Washington municipal corporation TENANT: NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications ~~:~#7 By: Its: 1l7t.J...ß. ß,f- Marti B. Nelson 'flee President of Engineering & Operations STATEOF úJA-SH/IJ6-70N COUNTY OF /(/ ¡¡) f;.- On "Qecernber 13, ('111 before me, E,'teel! R¿J;hsCh , Notary Public, personally appeared Ì'1aú,d H. tUf)ç,,/e~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. '?l.dtJ'~ -:p~\tM) Notary !,ublic I" "...t .¡:'or <f<-.... St-erte Washl~f-/),", My commission expires: /- ';<"'1-0 + D.f (SEAL) EILEEN ROBINSON STATE OF WASHINGTON NOTARY-'- PUBLIC MY COIIIIISSIOII EXPIRES 1-29-02 ~ 1/ ) . 4i.-h('241f/ - '10 Public My commission expires: t--v I / W- I STATE OF VVC<C;~tiV'1.¡w, COUNTY OF It1 VI CJ On __lZ-11,ý'J q"l , before me, . , Notary Public, personally appeared ~, personally known to me (or roved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon beh~\( çf ,"(hich the person acted, executed the instrument. - ,-: -~" s E8"l \~\ I :' <-> -:'.'~'ìÔN"""'~ '" :- ~):~'f-;'- ~:., ~ I" :: :.: fc"j ~\~~ t, ... '; (SEAL) / ,u -~. - , , ~ \ ""Vß\~ j 3 'ff ú'-, \, S'O1.1j\),,-: ~r! :: " <gJo.. """"","'....0 .: "\'<'-OFW"S~"---- 1'11"""", WITNESS my hand and official seal. 15 EXHIBIT A DESCRIPTION OF THE PROPERTY to the Lease dated tz,ltl' .1999, by and between the CITY OF FEDERAL WAY, a Washington municipal corporation, as City, and NEXTEL WEST CORP., a Delaware corporation, as Tenant. The Property is described and/or depicted as follows: The Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 5, Township 21 North, Range 4 East, Willamette Meridian, In King County, Washington; except that portion thereoflying within the 16th Avenue South right-of-way; Also, that portion of the north half of the Northeast Quarter of the Southeast Quarter of Section 5, Township 21 North, Rang 4 East, Willamette Meridian, lying Southerly of the South margin of South Dash Point Road; except that portion thereoflying within the 16th Avenue South right-of- way. 16 EXHIBIT B DESCRIPTION OF THE PREMISES to the Lease dated 1999, by and between the CITY OF FEDERAL WAY, a Washington municipal co oration, as City, and NEXTEL WEST CORP., a Delaware corporation, as Tenant. The Premises is described and/or depicted on the three-page Site Plan attached as B-1, B-2, and B-3 hereto. Notes: I. 2. 3. This Exhibit may be replaced by a survey of the Premises ooce it is received by Teoan! Setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. Width of the access road shall be the width required by the applicable governmental authorities, including police and fire departments. 17 I DASH POINT ROAD PROPOSED ROUTE OF CABLE UNDERGROUND IN STEEL CONDUIT (2) PROPOSED PANEL ANTENNAS, (2) GPS, AND (1) TEST MOBILE ANTENNAS MOUNTED TO EXIST. PLAYFIELD LIGHT STANDARDS ((1) PANEL ANTENNA PER POLE) - SACAJAWEA SCHOOL NOTES: 1) PLAN SHOWN IS A GRAPHIC REPRESENTATION OF LEASE AREA. EXHIBIT "B" PROPOSED ROUTE OF POWER AND TELCO PROPOSED PROJECT LOCATION: 8'-10"x10'-6" ROOM WITHIN EXIST, ONE STORY BLDG, SEE EQUIPMENT ROOM PLAN, SHEET 2 ,,/ r---~",<~"",=<~~,=~-.J " I " I : - I - , I I I I I I I I I I I d ì ~ L EXISTING LANDSCAPING 7 PACIFIC HWY. SO.- 20 40EB 10 SITE PLAN - 1 OF 3 NEXTEL COMMUNICATIONS REDONDO/SACAJAWEA 1600 SW DASH POINT ROAD SITE NUMBER: WA0226-1 DATE: OCTOBER 9, 1997 REV: EXHIBIT "B" '10 I Û'J <0 I ;,- <0 I 0 8'-10" -r- 13'-3" 3'-11" NOTES: . 1) PLAN SHOWN IS A GRAPHIC RFPR :"t;(NTATION OF LEASE AREA. EQUIPMENT ROOM PLAN - 2 OF 3 NEXTEL COMMUNICATIONS REDONDO/SACAJAWEA 1 600 SW DASH POINT ROAD PROPOSED CONDENSER UNIT EXISTING STORAGE REMOVE EXISTING STUD WALL: OWNERS EQUIPMENT TO BE RELOCATED TO NEW WALL PROPOSED NEW STUD WAll PROPOSED 8'-10"x10'-6" EQUIPMENT ROOM 0 1 2 -- Ii \ <::Q .œ SITE NUMBER: WA0226-1 DATE: . OCTOBER 9, 1997 REV: b I b N I - à m EXHIBIT "B" b I ên EXISTING PLAYFIELD LIGHT STANDARD (2) PROPOSED PANEL ANTENNAS ((1) ANTENNA PER POLE) (2) PROPOSED GPS ANTENNAS ((1) ANTENNA PER POLE) b I ;0, .... (1) PROPOSED TEST MOBILE ANTENNA PROPOSED ROUTE OF CABLE ENCASED IN STEEL CONDUIT; PAINT TO MATCH \'I) \ ~ n 20 lito NOTES: 1) PLAN SHOWN IS A GRAPHIC REPRESENTATION OF LEASE AREA. SOUTH ELEVATION - 3 OF 3 NEXTEL COMMUNICATIONS REDONDO/SACAJAWEA 1 600 SW DASH POINT ROAD SITE NUMBER: WA0226-1 DATE: OCTOBER 9, 1997 REV: ,- EXHIBIT C When Recorded Send To, Nexte! Communications Alln: Property Manager 1750112. Avenue NE, Suite C-100 Bellevue, WA 98004 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is entered into on this - day of ,1999, by and between the CITY OF FEDERAL WAY, a Washington municipal corporation, with an office at 33530- I" Way South, Federal Way, WA 98003 (hereinafter referred to as "City"), and NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications, with an office at 1750 112. Avenue NE, Suite C-IOO, Bellevue, WA 98004 (hereinafterreferred to as "Tenant"). 1. City and Tenant entered into a Lease (the "Lease") on , 1999, for the purpose of installing, operating and maintaining a communications facility in connection with Tenant's wireless telephone communications service and other improvements. 2. The tenD of the Lease is for five (5) years commencing on . 199~ ("Commencement Date") and tenoinating on the fifth anniversary of the Commencement Date with three (3) successive five (5) year options to renew (subject to the provisions of the Lease). 3. The land that is the subject of the Lease is described in Exhibit A annexed hereto. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. CITY: CITY OF FEDERAL WAY, a Washington municipal corporation TENANT: NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications By: By: Title: Title: Date: Date: 18 STATE OF COUNTY OF , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. On WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF COUNTY OF , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. On WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: K:\telecom\nexte1fin.doc 19 CITY OF FEDERAL WAY CITY ATIORNEY'S OFFICE Memorandum DATE: January 24, 2000 TO: Iwen Wang, Management Services Director Jenny Schroder, Parks Director Stephen Clifton, CDS Director Bob C. Sterbank, Deputy City Attorne~ FROM: SUBJECT: Nextel Site Lease Agreement - Sacajawea Park AG # ðD- DO 1 (to be assigned by Clerk) Attached for your files are copies of the executed Site Lease Agreement dated December 28, 1999 between the City of Federal Way (as Lessor) and Nextel West Corp. (as Tenant), for locating its equipment at on the concession building and two light standards at Sacajawea Park. A Memorandum of Lease has been executed and will be recorded by Nextel. The Lease term is five (5) years. Rent of$975 per month is due on the I" of each month. Rent shall be increased by four percent (4%) per year of Lease. I have also attached a copy of the Insurance Certificate, which should be renewed shortly, as this one expires on 2/5/00. The Lease also provides that the City is to receive 6 ESMR mobile phones within 30 days of the Commencement Date. See paragraph 5( d), Please have the appropriate City staff person contact Nextel to arrange delivery of these phones. A check in the amount of$7,800 is attached for Iwen which covers prorated December rent, January and February rent and the security deposit of$4,875 (5 months rent). Also attached is a check in the amount of$13,809.84 to cover the City's administrative costs in negotiating this Lease, which amount should be reimbursed to Law's civil 410 account. (See attached December 10, 1999 letter to Nextel.) The Property Administrator is Pamela Waitman and she can be reached at (425) 452-7569, Nextel refers to this Lease Agreement as WAOl16 Redondo - Sacajawea Park. We have also dealt with a Kasey Sebastian at Nextel whose number is (425) 452- 7453, If you have any furt/er uestions, please give me a call. , .~'ç-- n.,A"k-f-...o.. ~.-..; 1- 2 /- ð"ð cc: CIty Clerk /'" ~ cr'~U "7/'--' /1/ u' K:\memo\nextelsacpark.lea ()' . A.~..lllt. JAN 26 2000 DATE fMM'DDIYY) 01/20/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTfFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLfCIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER MARSH USA INC. 44 WHIPPANY ROAD MORRfSTOWN, NJ 07962-1966 , COMPANY 15780 -00001-- WA022 ¡t6ANAGEMENT SERVlaESA TRAVELERS INDEMNfTY COMPANY OF fLLfNOIS INSURED OF FEDERAL W. :V:OMPANY NEXTEL COMMUNICATIONS, INC B TRAVELERS INDEMNITY COMPANY OF AMERICA 2001 EDMUND HALLEY DR. RESTON, VA 20191-3421 COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY D CHUBB INSURANCE COMPANY OF NEW JERSEY COVERAGES This celtillca... supønoedas and "'placas any previously iSsued ce_...- THfS fS TO CERTIFY THAT THE POUCfES OF fNSURANCE USTED BELOW HAVE BEEN ISSUED TO THE fNSURED NAMED ABOVE FOR THE POUCY PERfOD fNDICATED, NOTWITHSTANDING ANY REOUfREMENT, TERM OR CONDfTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHfCH THfS CERTIFfCATE MAY BE ISSUED OR MAY PERTAIN, THE fNSURANCE AFFORDED BY THE POUCfES DESCRfBED HEREfN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDfTIONS OF SUCH POUCfES UMfTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLlCV EXPIRATION DATE IMM'DDIYY) DATE IMMIDDIYY) LIMITS A ,GENERAL LIABILITY TJGLSA752G226A-TIL99 I X.... COMMERCIAL GENERA, L L,IABILITY ,~ CLAIMS MADE ~ X 'OCCUR I O>\«ER'S & CONTRACTOR'S PROT 1 02/0S/99 02/0S/00 I GENERAL AGGREGATE $ ~PRODUCTS ..COM;,OP AGG I $ . PERSONAL SADV INJURY $ EACH OCCURRENCE $ !FI~~-;;":';"GEjAoY"""") $ MED EXP IAny 0"' po",") $ 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 10,000 A B AUTOMOBILE LIABILITY ,X ANY AUTO !-~: ALL O>\«ED AUTOS ! XI SCHEDULED AUTOS X . HIRED AUTOS X NON.O>\«EDAUTOS 1-)(- GARAGE LfABII,ITY__- -- I TJCAP752G2271-TIL-99 THCAP7S2G228-3TIA-99 (TX) 02/05/99 02/05/99 02/05/00 02/05/00 , COMBINED SINGLE LIMIT I n BODILY INJURY fP" po",") 1 ,000,000 BODILY INJURY (POI """""'01) 17975-15-09 1 02/0S/99 02/05/00 4,000,000 4,000,000 GARAGE LIABILITY ANY AUTO D EACH OCCURRENCE í¡GGREC3A..I'---- -- - X UMBRELLA FORM I OTHER THAN UMBRELLA FORM C i ORKERS COMPINSATION AND 'TVYCEUB116D640-9-99 (AtS) C 1 EMPLOYERS'LlABILlTY ITVYCO-UB-116D659-9 (NV) THE PROPRIETOR! INCL I I PARTNERSIEXECUTIVE I OFFICERSARE OTNER , 02/05/99 I 07/01199 EXCL DISEASE - POLICY LIMIT $ _H' - . - . DISEASE - EACH EMPLOYEE $ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS. XCEPT WORKERS COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY EASE OR CONTRACTUAL AGREEMENT. SITE NUMBER/NAME: WA0226-1 REDONDO. SACAJAWEA ROPERTY ADDRESS: 1600 S. DASH POINT ROAD, FEDERAL WAY, WA 98023. ARCEL NUMBER: 052104901609 ANY OF THE BE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IUND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CITY OF FEDERAL WAY ATTN: CITY TREASURER 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 PRODUCER MARSH USA INC. 44 WHIPPANY ROAD MORRISTOWN, NJ 07962-1966 15780 -00001- INSURED COMPANY A TRAVELERS INDEMNITY COMPANY OF ILLINOIS COMPANY B TRAVELERS INDEMNITY COMPANY OF AMERICA NEXTELCOMMUNICATIONS, INC 2001 EDMUND HALLEY DR. RESTON, VA 20191-3421 COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY 0 CHUBB INSURANCE COMPANY OF NEW JERSEY " . .,IIiIi¡fili,'I!!I!j;l; ... .'~IHII!I!lfflffi!¡!lful.1 ill., t THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LlSTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INOICATED, N01WlTHSTANDING ANY REQUIREMENT, TERM OR CONOITION 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, EXCLUSIONSANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFEC11YE POUCY EXPIRATION UMITS LTR DATE (MMIDDIYY) DATE (MMIDD/YY) A GENERAL UAIIUTY TJGLSA752G226A-TIL99 02/05/99 02/05/00 GENERAL AGGREGATE $ X COMMERCIAL GENERAL LIABILITY PRODUCTS. COMPIOP AGG $ CLAIMS MADE ŒJ OCCUR PERSONAL & AOV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any o'o,'"! $ MED EXP (Any °,° po,"oo) $ A AUTOMO"LE UAIIUTY TJCAP752G2271-TIL.99 02105/99 02105/00 COMBINED SINGLE LIMIT B X ANY AUTO THCAP752G228.3TIA-99 02/05/99 02105/00 X All OWNED AUTOS (TX) BODILY INJURY X . SCHEDULEO AUTOS {Po,po""'! X HIRED AUTOS BODILY INJURY X NON-oWNEO AUTOS (Po,,"""o,t) X GARAGE LIABILITY PROPERTY DAMAGE 0 02105/00 02105100 X STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE. EACH EMPLOYEE $ 7975-15-09 02105/00 AUYÒ'ONLY.EAACCIDENT $ OTHER THAN AUTO ONLY; ¡. EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ 02105/99 C C X UMBRELLA FORM OTHER THAN UMBRELLA FORM R R PENSATI NAND EMPLOYER" UAIIUTY TVYCEUBI16D64Q-9-99 (NS) TVYCO-UB-116D659-9 (NV) 02105/99 07/01/99 THE PROPRIETOR! PARTNERSlEXECUTIVE OFFICERS ARE OTHER INCL EXCL 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 10,000 1,000,000 4,000,000 4,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATlONSIlOCATlONSNEHIClES/SPECIAL ITEMS UMITS MAY HAVE BEEN REDUCED frY PAID ClAIMS AND MAY HAVE DEDUCllBlES OR RETENTIONS. XCEPTWORKERS COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY EASE OR CONTRACTUAL AGREEMENT. SITE NUMBER/NAME: WA0226-1 REDONDO. PROPERTY ADDRESS: 1600 S. DASH POINT ROAD, EDERALWAYWA 98023. CITY OF FEDERAL WAY ATIN: CITY TREASURER 33530 1STWAY SOUTH FEDERAL WAY, WA 98003 ABOVE DESCRIBED POUCIES BE CANCELlED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIll ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAlWRE TO MAIL SUCH NOTICE SHAU.IMPOSE NO OBUGATION OR UAIIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. FILE No.375 01/20 '00 15:03 ID:NEXTEL Fr:lX: NEXTEL "'1()1 Edmund Ralley Drive Reston. VA 20191 DATE 20-JAN-00 CUST. ACCT. NO. vEIGMP~1E CITY OF FEDERAL WA i No. ; Pr:lGE 4 1007995 VENDOR NO. 56416 . . RNT-WA022 & FEB 2000 RENT/SEC DEP 7,800.00 PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT, ~",d '." ".., """ ~..,," , ..",:\"'..: """",,"". - """', 'f¡f.'o;"¡:" .. .,." """, ',.:, " d'..', ,d- -,."~...,,..-' c"'", :~":,::,I'::':,,,;;:,' ---::>:"','" "..,'~',"" ':~:::;~>;:;:;;¡:;;;:~~ "'0010001"1"15'" I:OLIo~01o53"11: ao 031 21;, 11" 01/20/00 THU 14:06 [TX/RX NO 8183] FILE No.375 01/20 '00 15:02 ID:NEXTEL FAX: PAGE 3 NEXTEL ^"\()! Edmund Halley DriveR08tOn. VA 20191 Ii No. 1007996 REGULAR DATE :lO-JAN-OO CUST. ACCT. NO, VENDOR NAME CITY OF FEDERAL WA~ VENDOR NO. 56416 DCc,CRIPTIO," FEE-WAO22 20-JAN-OO R20 ADMINISTRATIVE COSTS 13,809.84 P~EASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT, 'Ifi.o:ni:.. You '",' .. ::;::~;£:,:};:~;; j;[t"~' ~:,"';" ", ~:,:>,.".;;~~;,' .""", 110001000'1'1'11;.11" ':0 10 10 i!01o5:i'i1: 80 on i!1;.,/1" 01/20/00 THl.I 14,06 [TX/RX NO 8183] ~"C\\::)=l . 'C, "'C~ "~ c CERTIFICATE NUMBER :'ic,,':' .. ";:;:, NYC-000365422-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC, NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 44 WHIPPANY ROAD POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE P,O, BOX 1966 AFFORDED BY THE POLICIES DESCRIBED HEREIN, MORRISTOWN, NJ 07962-1966 COMPANIES AFFORDING COVERAGE COMPANY A Zurich American Insurance Company INSURED COMPANY NEXTEL COMMUNICATIONS, INC B National Union Fire Insurance Company (AIG) 2001 EDMUND HALLEY DR RESTON, VA 20191-3421 COMPANY C COMPANY D _eRAGES X:"~, " 'c ',,',':::'~:;;:': :c;:,-: -- 'c~eo, ::' THIS IS TO CERTIFY THAT OF HEREIN HAVE TO THE INSURED NAMED HEREIN FOR THE POLICY NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DDIYY) DATE IMM/DDIYYj A GENERAL LIABILITY GLO 2984146-00 04/01/01 04/01102 GENERAL AGGREGATE $ 2,000,000 e- X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2,000,000 ~ b CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 1,000,000 e- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE IAoy on, 'co) $ 250,000 MEO EXP A" 000 ""on $ 10,000 A AUTOMOBILE LIABILITY BAP 2984147-00 (ALL STATES) 04/01/01 04/01102 COMBINED SINGLE LIMIT $ 2,000,000 - A ~ ANY AUTO MA 2984148-00 (MA) 04/01/01 04/01102 A ~ ALL OWNED AUTOS TAP 2984149-00 (TX) 04/01101 04/01/02 BODILY INJURY $ A ~ SCHEDULED AUTOS BAP 2984150-00 (VA) 04/01101 04/01/02 IP" p'"on) ~ HIRED AUTOS BOOIL Y INJURY $ ~ NON.OWNED AUTOS (P" ",,'onl) X GARAGE LIABILITY PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN AUTO ONLY' EACH ACCIDENT $ I AGGREGATE $ B EXCESS LIABILITY BE 8713443 04/01/01 04/01/02 EACH OCCURRENCE $ 4,000,000 ~ UMBRELLA FORM AGGREGATE $ 4,000,000 OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION ANa WC 2984144-00 04/01/01 04/01/02 X I Tv¿,~~] fJ,¥s I I E" ,,' .MPLOYERS' LIABILITY A WC 2984145-00 04/01/01 04/01/02 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETORI R:NCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE EL DlSEASE.EACH EMPLOYEE $ 1,000,000 OFFICERS ARE EXCL TIfEJr DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) EXCEPT WORKERS COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY LEASE OR CONTRACTUAL AGREEMENT, SITE NUMBER/NAME: WAO226-1 REDONDO. SACAJAWEA PROPERTY ADDRESS: 1600 S. DASH POINT ROAD, FEDERAL WAY, WA 98023, PARCEL NUMBER: 052104901609 ~RTIFICATE HOLDER :..'"." .:;:::-:- :: ,': :, ,.: "'."" -~: :::. ".'. ',': SHOULD ANY OF THE POUCIES DESCRIBED HEREIN" CANCElLED "FORE THE EXPIRAT~N DATE THEREOF T", 'NSURER A"ORO'NG COVERAGE w"" ENDEAVOR TO MAle ----3JI OAYS WR'TTEN NOTICE TO THE CITY OF FEDERAL WAY C'"TlF'CATE HOLDER NAMEO HEREIN OUT "leURE TO MAle ,"CH NOTICE SHACe 'MPOSE NO O'UGATION aR ATTN: CITY TREASURER 33530 1ST WAY SOUTH UA","N OF ANY OINO "'ON TH' INSCRER A"ORO,"G CO"RAGE. 'TS AG'NTS OR R"RESE"AT"ES FEDERAL WAY, WA 98003 MARSH USA INC. ~£!~ BY' Michael D. Murphy ""»>:,::,,'" C>-,C; -'. .-,": MM1-!ìlJll!t .".',,' VALlO"A'SOF:.O4jO21O1 ~~\::,\::\-\ A.~.tlll.. GlRTIF1CA1_0F INSliftANC E DATE (MMIDDNY) Ol/B/Ol PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 44 WHIPPANY ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 1966 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MORRISTOWN, NJ 07962-1966 COMPANIES AFFORDING COVERAGE COMPANY A TRAVELERS INDEMNITY COMPANY OF ILLINOIS INSURED COMPANY NEXTELCOMMUNICATIONS, INC B TRAVELERS INDEMNITY COMPANY OF AMERICA 2001 EDMUND HALLEY DR. RESTON, VA 20191-3421 COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY D CHUBB INSURANCE COMPANY OF NEW JERSEY .cOVER.i,jR¡S,',""fC ,~c. "",' , "vf'c'.i.C,'- THIS IS THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I:;:;""" IU H" INSURED NAMED ABOVE FOR THE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDNY) DOTE IMMIDDNY) A GENERAL LIABILITY T J-GLSA-752G226A 02/05/00 04/01/01 GENERAL AGGREGATE $ 2,000,000 f-- ¿ OMMERCIAL GENERAL LIABILITY PRODUCTS. COMP/OP AGG $ 2,000,000 f-- CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1,000,000 f-- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE IA", '0' ",) $ 1 ,000,000 MED EXP (A", '0""1$00) $ 10,000 A AUTOMOBILE LIABILITY TJ-CAP-7S2G2271 (A/S) 02/0S/00 04/01/01 I--- COMBINED SINGLE LIMIT $ 1,000,000 B ¿ ANY AUTO TH-CAP-752G2283 (TX) 02/05/00 04/01/01 ~ ALL OWNED AUTOS BODILY INJURY $ .><.. SCHEDULED AUTOS (P"p'~,o) ~ HIRED AUTOS BODILY'NJURY $ ~ NON-OWNED AUTOS (P""""", X GARAGE LIABILITY PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ~ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ D EXCESS LIABILITY 7975-15-09 02/0S/00 04/01101 EACH OCCURRENCE $ 4,000,000 ~ UMBRELLA FORM AGGREGATE $ 4,000,000 OTHER THAN UMBRELLA FORM $ C WORKERS COMPENSATION AND TVYAE-UB-11606409 02/05/00 02/05/01 X I STATUTORY LIMITS "£." ".,., EMPLOYERS' LIABILITY 04/01/01 $ 1,000,000 C T J-UB-303D572A 02105/01 EACH ACCIDENT THE PROPR'ETORI R'NCL DISEASE. POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE $ 1,000,000 OFFICERS ARE. EXCL DISEASE. EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS. XCEPT WORKERS COMPENSATION THE CERTIFICATE HOLDER NAMED BELOW IS INCLUOEO AS AN ADOITIONAL INSURED IF REQUIRED BY EASE OR CONTRACTUAL AGREEMÈNT. SITE NUMBER/NAME: WA0226-1 REDONDO. SACAJAWEA ROPERTY ADDRESS: 1600 S. DASH POINT ROAD, FEDERAL WAY, WA 98023. ARCEL NUMBER: OS2104901609 NYù.wo-~&'~b1J ' ..aNCELL:ATlcmr' R'¡-'R~t~; ",' C, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FEDERAL WAY EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL ATTN: CITY TREASURER 3_L- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 33530 1ST WAY SOUTH BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF FEDERAL WAY, WA 98003 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ....-- ~~ Robert S. Fissel '.- ".' 'f!tC,'.;,.,' C" '- ACORi)-;eQRi!QR.i,TION 199