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AG 97-099 Ab 47- qq Applicant: Project: SPRINT SPECTRUM, loP. 1-5 & HIGHWAY 18, LLOYD PROPERTY Property Address: 1741 South 356th Street Federal Way, WA 98003 Bond #: 40OJT0488 Permit#: BLD 97-0039 Bond Amount: $34,320.00 Cash Deposit Amount: $1,373.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 25th day of April, 1997. The parties ("Parties') to this Agreement are the City of Federal Way. a Washington municipal corporation ("City') and Sprint Spectrum, loP., a Umited Partnership ('Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements. which include constructing a water quality facility as approved by the Publics Works Department at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above-referenced permit number ("Permit"); B. The improvements will be constructed or the work performed in accordance with record drawings and approved plans on file with the City ("Plans"); C. The City has determined that the Applicant must post security with the City pursuant to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW. THEREFORE, the Parties agree as follows: 1. Imorovements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ('Work"). The obligation to maintain the improvements shall continue for a period of two (2) years after issuance of the certificate of occupancy"or final inspection; or such longer period as required by the FWCC or other applicable law, rule or regulation. 2. Comnletinn of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City. and in full compliance with the Plans. including any approved amendments thereto, and in conformance with all applicable laws. rules or regulations. 3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performance! Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ('Bond"), to guarantee Applicant's performance of the construction of the improvements and!or maintenance of the improvements pursuant to the Plans. 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the fully executed Partial Release of Bond attached hereto as Exhibit 'B". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) of the original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit 'C". 5. Rioht to ComDlete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 6. t.kItiœ. The Community Development Department of the City shall be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attomey fees) arising from, resulting, or connected with this Agreement and the Bond, including without limitation, the City's performance of the Work pursuant to Section 5 herein. 8. Admini!<trative Ca"" DeDoSÎt. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: Amount of Bond Amount of Cash DeDosit Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Bond (minimum $100) 4% of Bond 3% of Bond 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in-cadministering this Agreement and, if necessary, collecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. 10. l.iœnsA. Applicant shall record a license in the form attached hereto as Exhibit "D' and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. -2- 11. General Provision!:. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid. shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest. Time is of the essence. SPRINT SPECTRUM. L. P. By: -----. ' I.'~-\ Its: Director 11000 NE 33rd Place, Suite 200 Bellevue. WA 98004 CITY OF FEDERAL WAY By. '1-.TIaT' (, ,/ . .., C""". N. C"""M G_". CMe APPROVED AS TO FORM: ,VW\')~ -3- EXHIBIT A Project: 1-6 & Highwey 18, Uoyd Property Permit #: BLD 97-0039 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, Sprint Spectrum, as principal (WPrincipal'), and St. Paul Fire & Marine Insurance Company, the undersigned corporation organized and existing under the laws of the State of Minnesota, and legally doing business in the State of Washington as a surety (WSurety'), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation (WCityW) in the penal sum of Thirty-Four Thousand, Three Hundred Twenty and no/1oo Dollars ($34,3"20.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City of even date to Construct a water facility on property as approved by the Public Works Department. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement. and shall pay all laborers. mechanics, subcontractors and material men or women. and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work. and shall hold the City. their officials. agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received. hereby further stipulates and agrees that no change, extension of time. alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement. the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City. the amount necessary for the City to remedy the default. including legal fees incurred by the City. or 0 in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default. the Surety shall notify the City of its finding and its intent. if any. to interplead. The Surety shall then fulfill its obligations under this bond. according to the option it has elected. Should Surety elect option (a) to cure the default. the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work. the City shall notify the Surety of its actual costs. The City shall return, without interest. any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c). the Parties shall first complete participation in mediation, described in the below paragraph. pri9r to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street. Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this ~ day of May ,199-3 CQRP6ft.:.,1: ::>I:AL OF PRINCIPAL: SPRINT SPECTRUM. L.P. BY:~ Name of erson Executing Bond Its: v.. 11000 NE 33rd Place, Suite 200 Belle-rille, FA 98004 (206) 602-2000 -2- CORPORATE SEAL OF SURETY: ST. PAUL FIRE & MARINE INSURANCE COMPANY ///' 'I ,é' (t~cÝ' {ua~ By: Attorney-in-Fact (Attach Power of Attorney) Melissa D. Evans Name of Person Executing Bond P.O. Box 419351 Kansas City, M) 64141-6351 Address 913-676-9000 Phone BOND NUMBER: 400JI0488 APPROVED AS TO FORM: ""1')~ DI . NDELl. CITY ATTORNEY CERTIFICATE AS T¡g !:8J!1r.!"~'L ~I:AL ~¡01~~ r~\",~ I hereby certify that I a'i1:' the (Assistant) Secretary of the Car"._on named as Principal in the within bond; that ~J..() <êð:;Tð(VÙ . wbo..,~i,~lI..e<lthe said bond on behalf of the Principal. was '\J.ç> of the said ~'K; that I know his or her signature thereto is genuine, and that said bond was d signed. sealed. and attested for and in behalf of said Ooll'u.arlm1 by authority of its gover ing dy. ~~\,.:t.r~t-'.p "'~.8ND Fio No. - -3- 1beStRIUI CERTIFIED COPY NO. Surety ST. PAUL FIRE AND MARINE INSURANCE COMPANY . Washington Street, St. Paul, Minnesota 5!' CERTIFICATE OF AUTHORITY NO. For verification of the aulhenticity of this Power of Attorney. you may telephone toll free 1-800-421-3880 and "k for Ihe Power of Attorney Clerk. Please refer to Ihe Certificale of Aulhority No. and Ihe named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COpy 1977670 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That SI, Paul Fù-e and Mariue Insurauce Company, a corporation organized and exi"ing under Ihe laws of Ihe State of Minnesota. having its principal office in Ihe City of St. Paul, Minnesola, does hereby constitule and appoint: John T. lDckton, III, Janes C. Pateidl, Michael C. Frost, David M. Lockton Janet L: Rehkop, l-ëlissa D. Evans, Patrick T. Pribyl, !)juglas P. Irvin, Michael D: Whipps, D:ume Angers, Kevin D. Kalish, Betty L Mccreight;, individually, Prairie Village, Kansas F-14787 its true .and lawful atto",ey(s)-in-fact to e~ecute, seal and deliver for and on its behalf as surety, a~y and all bonds and undertakings, recognizances, contracts of mdemmly and olher wntmgs obligatory m the natum thereof, which are or may be allowed. reqmred or pennitted by law, "atute, rule, regulation, contract or olherwise, Nor 'ID EXCEED IN PENALTY 'l1iESUM OF FIFI'Y MILLIOO DCJL1:.ARS($50,OOO,OOO)~ and Ihe execution of all such instrument(s) in pursuance of Ihese pm",nts, shall be as binding upon snid St, Paul Fire and Marine Insura"ce Company, as fully and amply. to alt intents and purposes, as iflhe same had been duly executed and acknowledged by ils regularly eJected officers al its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by autbority of Article V,-Section 6(C), of the By-Laws adopted by Ihe Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 281h day of April, 1978, of which the following is a true transcript of said Section 6 (C): 'The President or any Vice President, A"istant Vice President, Secretary or Service Center General Manager shall have power and aulhority (I) To appoint Attorneys-in-fact. and to authorize them to execule on behalf of Ihe Company, and attach Ihe Seal of the Company Ihereto. bonds and undertakings, recognizances, contracts of indemnity and oilier wrilings obligalory in Ihe nature Ihereof, and (2) To appoinl special Attorneys-in-fact, who are hemby aulhorized to certify to copies of any power-of-attorney issued in pursuance of Ihis section and/or any of the By-Laws oflhe Company, and (3) To mmove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and mvoke the aulhority given him." Further, this Power of Attorney is signed and sealed hy facsimile pursuant to msolution of the Board of Directors of ,.id Company adopted at a meeting duly called and held on Ihe 51h day of May, 1959, of which Ihe following is a true excerpt: "Now Ihemfom the signatures of such officers and Ihe seal of Ihe Company may be a!fixed to any such power of attorney or any certificate relating Ihemlo by facsimile, and any such power of altorney or certificate bearing such fa"imile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatums and facsimile seal shall be valid and binding upon the Company in the futum willi respect to any bond or undertaking to which it is attached." IN TESTIMONY WHEREOF. SI. Paul Fire and Marine Insurance CnmpB"y has caused Ihis instrument to be signed and ils corporate seal to be affixed by its authorized officer, this 301h day of November. A.D. 1990. ST, PAUL FIRE AND MARINE fNSURANCE COMPANY ~ KENNETH 1. RYAN, Secmtary STATE OF NEW JERSEY }ss. Conoly of Somersel On Ihis 25th day of March . 19 97 . before me came Ihe individual who executed the pmceding instrument, to me personally known, and, being by me duty sworn, said Ihat he/she is Ihe Iherein described and aulhorized officer of SL Paul Fire and Marine Insurance Company; Ihat the seal affixed to said instrument is Ihe Corporate Seal of snid Company; that Ihe said Corporate Seal and hioJlier signatum were duly affixed by order of the Board ofDireclors of said Company. IN TESTIMONY WHEREOF, I have hereunlo sel my hand and affixed my Official Seal, at Ihe township of Bedminster, New Jersey. Ihe day and year first above written. (~.--::::=---. '. . /~/. ':;'. ) LINDA SM~S. Notary Public, Midd)esex, NJ My Commission Expires December 16, 2001 CERTIFICATION I. Ihe undersigned officer of SL Paul Fire and Marine Insurance Company, do hereby certify Ihat I have compared the foregoing copy of Ihe Power of Attorney and affidavit, and the copy of the Section of Ihe By-Laws of said Company as sel forth in said Power of Attorney, wilh Ihe ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and Ihat Ihe same are correct transcripts Ihereof, and of the whole of the said originals, and Ihat Ihe said Power of Attorney has not - - ~,,-, .":~=:W"_., - __00 ~., -., ~frt:.- day of N~ Y 5 1!.#ì/ ' 19 -' MICHAEL W. ANDERSON. Secretary Only a certified copy of Power of Attorney bearing Ihe Certificate of Aulhority No. prinled in red on the upper right comer is binding. Photocopies. carbon copies or oilier reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 12-96 Printed in U.S.A. EXHIBIT B PARTIAL RELEASE OF BOND' 400JT0488 The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for 1-5 & Highway 18. Uoyd Property. have been satisfied and hereby authorizes the release of an amount equal to Twenty-Four Thousand and Twenty- Four Dollars ($24.024.001. The remaining funds equaling thirty (30%) of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of .199_. CITY OF FEDERAL WAY By: (Name. TItle) EXHIBIT C FULL RELEASE OF BOND' 400JT0488 TERMINATION OF LICENSE The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Performance! Maintenance Bond for 1-5 & Highway 18, Lloyd Property, have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Ten Thousand, Two Hundred Ninety- Six and no/1oo Dollars ($10,296.00). The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain LIcense Agreement recorded under King County Recordiñg No. ("LIcense Agreement') and acknowledges that all obligations and rights contained in the LIcense Agreement are hereby terminated. DATED this day of ,19_. CITY OF FEDERAL WAY By: (Name, TItle) * 'q '( "i"t A CORO~ CERTIFICATE OF LIABILITY INSURANCE I DATE IMM/DDIYY, 04/01/02 03/22/99 PRODUCER 71 RECEIVE rjHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies OLOER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 419351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kansas City Mo 64141.6351 MAR 29 1999 INSURERS AFFORDING COVERAGE (913) 676.9000 INSURED 14966 SPRINT SPECTRUM L,P. MANAGEMENT SER IGIii A, CONTINENTAL CASUALTY CO. fA XV) 4900 MAIN STREET 64l1plTY OF FEDERAL iN/JJfER B, TRANSPORTATION INSURANCE CO, (A XV) KANSAS CITY, MO INSURER C, INSURER 0, INSURER E, COVERAGES 9E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1'~-1'.!' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE . 2 000 000 A~ OMERCIAL GENERAL LIABILITY GL195923680 04/01/99 04/01/02 FIRE DAMAGE lAo, 00' 1"'1 ' 250 000 '- CLAIMS MADE [X] OCCUR M>D EXP lAo, 00' "'~o, . XXXXXXXXXX I- PERSONAL' ADV INJURV . 2 000 000 I- GENERAL AGGREGATE . 5 000 000 ñ'~:~~:Eñ ~;;~ APf"l ::: PRODUCTS - COMPIDP AGG . 3 000 000 ~TDMDBI'" LIABILITY COMBINED SINGLE LIMIT . A~ ANY AUTO BUA 195923758 (AOS) 04/01/99 04/01/02 IE",,""" 2 000 000 I----- ALL OWNED AUTOS BUA 195923887 (TX) BODILY INJURY . SCHEDULED AUTOS IP" ""001 XXXXXXXXXXX I-- '- HIRED AUTOS BODILY INJURY . NON-OWNED AUTOS IP" "oldool) XXXXXXXXXXX '- i- PROPERTY DAMAGE . IP"","",' XXXXXXXXXXX ==fGE LIABILITY AUTO ONLY. EA ACCIDENT . ANY AUTO NOT APPLICABLE OTHER THAN EA ACC . AUTO ONLY, AGG . Õ::C::'LlTY D CLAIMS MADE EACH OCCURRENCE . XXXXXXXXXXX NOT APPLICABLE AGGREGATE ' XXXXXXXXXXX . R DEDUCTIBLE . RETENTION . . WORKERS COMPENSATION AND X wc STATU- 10J,:<- A EMPlOYERS' LIABILITY WC195923663* 04/01/99 04/01/02 E.L. EACH ACCIDENT ' 1 000 000 E.L. DISEASE - EA EMPLOYEE ' 1 000 000 E.L. DISEASE - POLICY LIMIT ' 1 000 000 OTHER WORK COMP. * WC195923713 (OR, WI) SAME AS ABOVE. *WORK COMP. B 04/01/99 04/01/02 NOT APPLICABLE IN MONOPOLISTIC STATES. DESCRIPTION OF OPERATlONS/LOCATlDNSNEHICLES/EXCWSIDNS ADDED BY ENDDRSEMENTISPECIAL PROVIS,ONS CERTHOLDER IS ADD'L INSURED AS RESPECTS LIABILITY COVERAGE,ONLY AS REQUIRED BY CONTRACT. RE: INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT AT LEASED LOCATION- 1741 S. 356TH STREET,FEDERAL WAY,WA 98003. REF:FWAY-004-03 PERMIT #SPR97-0006.URP97-004,SEP97-0002,BLD97.0039 CERTIFICATE HOLDER I , ADDITIONAL INSURED; INSURER LETTER, CANCELLATION 226181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FEDERAL WAY DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1Q... DAYS WRITTEN 33530 1ST WAY S. NOTICE TO THE CERTIFICATE HOLDER NAMED TC THE "'FT. BUT FAILURE TC DO SC SHALL FEDERAL WAY, WA 98003.6210 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /?r ./ .:- -.... ~ ACORD 25-S 17/971 7 VA't:ORO CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. A CORDm CERTIFICATE OF LlABILI-' - l1l-0QQ PRODUCER 71 Lockton Companies P.O. BDX 419351 Kansas City Mo 64141-6351 (913) 676.9000 14966 SPRINT SPECTRUM L. P . 4900 MAIN STREET KANSAS CITY. MO 64112 .-- .-- ¡-,'-....vc.::' .NSURANCE I DATE IMM/DDIYY, 04/01/99 12/28/98 3 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE .DER. THIS CERTIFICATE DDES NOT AMEND, EXTEND OR ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED Jt-.N - 4 r' '.",UCl'~-: ~,:,' i:V INSURERS AFFORDING COVERAGE INSURER A, CONTINENTAL CASUALTY CO, (A XV) TRANSPORTATION INSURANCE CO. (A XV) *WORK COMP. COVERAGE NOT *APPLICABLE IN MONOPOLISTIC *~TAT~~ INSURER ,. INSURER C. I COVERAGES INSURER 0, INSURER E. THE POLICIES OF INSURANCE LlSTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,~~: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIYE POLICY EXPIRATION LIMITS --"'-NERAL LIABILITY EACH OCCURRENCE ' 2 000 000 A .x. 3M~ERCIAL CENERAL LIABILITY GL157347417 11/23/98 04/01199 FIRE DAMACE IAoy '"' """ 250 000 - CLAIMS MADE [X] OCCUR MED EXP IAoy '"' ""'01 , XXXXXXXXXX PERSONAL & ADV INJURY , 2 000 000 CENERAL ACGREGATE ' 5 000 000 ñ'L AGG:Eñ LIMIT APn PER, PRODUCTS - CDMP/OP AGG , 3 000 000 POLICY ~~:<~ LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT , A ~ ANY AUTO BUA 157347434 (AOS) 11/23/98 04/01199 IE, """oil 2 000 000 I-- ALL OWNED AUTOS 8UA 157347420 (IX) BODILY INJURY , SCHEDULED AUTOS IP" ""'01 XXXXXXXXXXX I-- I-- HIRED AUTOS BODILY INJURY IP" """"'I ' NON-OWNED AUTOS XXXXXXXXXXX - PROPERTY DAMAGE , IP" ",;d,"" XXXXXXXXXXX ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO NOT APPLICA8LE OTHER THAN EA ACC , AUTO ONLY. AGG , EXCESS LIABILITY EACH OCCURRENCE ' XXXXXXXXXXX L'j'DCCUR D CLAIMS MADE NOT APPLICABLE AGGREGATE , XXXXXXXXXXX , R DEDUCTIBLE , RETENTION , , WORKERS COMPENSATION AND ' X 1r")',~v"r~¥<1 10T¡\'- A EMPLOYERS' LIABILITY *WC157347272 11/23/98 04/01199 E.L. EACH ACCIDENT ' 1 000 000 E.L. DISEASE - EA EMPLOYEE' 1 000 000 EL. DISEASE - POLICY LIMIT ' 1 000 000 OTHER *WORK COMP. WC157347448 (OR, WI) SAME AS ABOVE. B 11/23/9B 04/01199 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADOED BY ENDORSEMENT/SPECIAL PROVISIONS CERTHOLDER IS ADD'L INSURED AS RESPECTS LIABILITY COVERAGE , ONLY AS REQUIRED 8Y CONTRACT. RE: INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT AT LEASED LOCATION- 1741 S. 356TH STREET,FEDERAL WAY,WA 98003. REF:FWAY-004-03 PERMIT #SPR97.0006.URP97-004,SEP97-0002,8LD97-0039 CERTIFICATE HOLDER I I ADDITIONAL INSURED, INSURER LETTER. CANCELLATION 226181 SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FEDERAL WAY DATE THEREOF. THE ISSUING INSURER WILL ENDEAYOR TO MAIL ...lQ.. DAYS WRmEN 33530 1ST WAY S. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FEDERAL WAY, WA 98003-6210 IMPOSE NO OBLIGATION OR LIABILITY CF ANY KIND UPON THE INSURER. ITS AGENTS DR REPRESENTATIYES. AUTHORIZED REPRESENTATIYE /?r~ ~ ACORD 25.S (7/97) / VA'l::ORD CORPORATION 1988 9E IMPORT ANT If the certifiæte holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifiæte holder in lieu of such endorsement(s}. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. DISCLAIMER The Certifiæte of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. i1£3,"ì\ ~ LOCKTON 12/98 SPRINT SPECTRUM, L.P. CERTIFICATE OF INSURANCE REPLACEMENT Effective November 23, 1998, Sprint Spectrum, L.P., insurance coverage was merged into Sprint Corporate Insurance Program. Attached is the replacement "Certificate ofInsurance" for Sprint Spectrum, L.P., insurance coverage. LOCKTO, COMPA~ll\ PRODUCER 71 Lockton Compani es P ,0, Box 419351 Kansas City Mo 64141-6351 (913) 676-9000 4256 SPRINT SPECTRUM L, P . C/O RISK MANAGEMENT DEPT. 4900 MAIN STREET KANSAS CITY, MO CERTIFICATE OF LIABILITY INSURANCE 04/01/99 04/01198 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P ;:: r' r. ! ". ' .... \"') ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A CaRON !' 'S,G8 INSURERS AFFORDING COVERAGE INSURED COVERAGES INSURER D, INSURER E, CONTINENTAL CASUALTY CO, (A XV) TRANSPORTATION INSURANCE CO, (A XV)- **WORK CaMP, COVERAGE NOT **APPLICABLE IN MONOPOLISTIC INSURER A, :. !:n "f f~Cj'éé1AL \VA' INSURER B, 64112 v INSURER C, THE POLICIES OF INSURANCE LlSTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, '~,s~ POLICY EFFECTIVE POLICY EXPIRATION '- TYPE OF INSURANCE POLICY NUMBER LIMITS ¡."ENERAL LIABILITY EACH OCCURRENCE $ I,OOO~ AcX- ÔMMERCIAL GENERAL LIABILITY GL 189146115 04/01/98 04/01/99 FlREDAMAGEIA"y,","'" $ ,z?Q,OQ.!L- '-- CLAIMS MADE [XJ OCCUR MED EXP ,A", '"' """"' ' ---.fXeLl'¡D~ I PERSONAL & ADV INJURY , I,OQOi~ GENERAL AGGREGATE '-----.LOQQ.JJ.QL ñ'L AGGREn ~MIT APn :ER' I PRODUCTS - COMP/OP AGG $._§~J!.QJL~ POLICY ',~J?T LOC ~TOMOBILE LIABILITY COMBINEO SINGLE LIMIT ¡ '_...LOOO,QQL AcX- ANY AUTO BUA 189146132 (AOS) 04/01198 04/01/99 ",',,",," r-- ALL OWNED AUTOS BUA 189146163 (IX) BODILY INJURY I, SCHEDULED AUTOS ¡P.. ,..,,", ._~X~X.mmx. r-- 1.. HIRED AUTOS BODILY INJURY 1L NON-OWNED AUTOS ¡P.. """",, XXXXXXXXXXX PROPERTY DAMAGE i' ¡P.. ",'d,",' XXXXXXXXXXX ==ïAGE LIABILITY AUTOONLY,EAACCIDENT 1$ ANY AUTO NOT APPLICABLE , OTHER THAN EA ACC ' --~ AUTO ONLY' AGG , :"~r;~~~:BILITY D CLAIMS MADE EACH OCCURRENCE I, ,xXXXXXXXXXX NOT APPLICABLE AGGREGATE I, ,XXX_X~ I, ---- ~ DEDUCTIBLE -- 1$ -~ RETENTION $ '$ WORKERS COMPENSATION AND X IT':",~J'íi];¥sl 10i.\' - ----- 8 EMPLOYERS' LIABILITY we 189146096** 04/01/98 04/01/99 E.L. EACH AWD,"T $ LOOO,OOO EL DISEASE - EA EMPLOYEE $ 1,00~ E.L. DISEASE - POLICY LIMIT ' 1 000 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTHOLDER IS ADD'L INSURED AS RESPECTS LIABILITY COVERAGE,ONLY AS REQUIRED BY CONTRACT. RE:INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT AT LEASED LOCATION- 1741 S. 356TH STREET,FEDERAL WAY,WA 98003. REF:FWAY-004-03 PERMIT #SPR97-0006,URP97-004,SEP97-0002,BLD97-0039 CERTIFICATE HOLDER I I ADDITIONAL INSURED, INSURER LETTER' CANCELLATION 226181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FEDERAL WAY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....lQ.. DAYS WRITTEN 33530 1ST WAY S. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FEDERAL WAY, WA 98003-6210 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE /?r./~~' ~ ACORD 25-S (7/97) / It'A'!:ORD CORPORATION 1988 9T COMPANY E: **STATES