Loading...
HomeMy WebLinkAbout2836 (2) Ili c , I RESOLUTION NO 2 8 3 6 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 LEASE AGREEMENT BETWEEN THE CITY AND METRICOM, INC , FOR THE 5 PURPOSE OF LEASING SPACE ON THE LAKELAND HILLS WATER TOWER FOR COMMUNICATION EQUIPMENT 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT 9 Section 1. The Mayor and City Clerk of the City of 10 11 Auburn are herewith authorized to execute a Lease Agreement 12 between the City and METRICOM, INC for the purpose of leasing 13 space on the Lakeland Hills water tower for communication 14 equipment A copy of said Agreement is attached hereto and 15 denominated Exhibit "A" and incorporated herein 16 17 Section 2 . The Mayor is hereby authorized to implement 18 such administrative procedures as may be necessary to carry 19 out the directives of this legislation 20 21 22 23 24 25 26 Resolution No 2836 April 2, 1997 Page 1 I 1 DATED and SIGNED this 7th day of April, 1997 2 3 4 CITY OF AUBURN 5 6 C.6145. 4. (1132 CHARLES A BOOTH 8 MAYOR 9 10 11 ATTEST 12 13 14 &th—1 : 1()M-lam/`-L.f Robin Wohlhueter, 15 City Clerk 16 17 18 APPROVED AS TO FORM 19 /20 I 21 Michael Reynolds, 22 City Attorney 23 24 25 26 Resolution No 2836 April 2, 1997 Page 2 • • ORIGINAL LEASE AGREEMENT THIS LEASE AGREEMENT (this "Agreement") is made as of this - day of Apvi t 1996 (the "Effective Date") by and between City of Auburn, a Washington municipal corporation ("Lessor') and Metricom, Inc., a Delaware corporation ("Lessee") A. Lessor is the owner of the property located at Lakeland Hills Water Tower, in the City of Auburn, Washington, more particularly described on Exhibit A hereto which exhibit is incorporated herein by this reference (the "Property"). Lessee desires to lease on anon-exclusive basis, portions of the structure located on the Property (the "Structure") and a portion of the ground space (collectively, the "Premises") from Lessor pursuant to the provisions stated in this Agreement. The Premises are more fully described on Exhibit B which exhibit is incorporated herein by this reference. B. Lessee wishes to use the Premises for purposes of placing up to sixteen (16) Metricom repeater radios (the "Radios"), associated antennas, cabling and other related equipment (hereinafter collectively referred to as the "Communication Equipment") NOW THEREFORE, for and in consideration of the leasing fees described below and the covenants and conditions hereinafter set forth, Lessor hereby leases to Lessee, on a non-exclusive basis, portions of the Premises as hereinafter described for the term of this Agreement, and subject to and upon all the terms, covenants and agreements set forth in this Agreement: 1 Lease Term. The term of the lease granted hereunder shall be for a period of sixty (60) calendar months commencing upon the effective date of City Council approval of a franchise to provide telecommunication services in the City of Auburn. (the "Commencement Date") and terminating on the date which is sixty (60) calendar months later (the "Term"). Lessee will be responsible for applying for any extension or renewals of the lease at least 60 calendar days prior to termination if continuance is desired. In any event, a condition of any renewal approval for this lease agreement is City Council approval of a franchise agreement between the City and Metricom, if technologically necessary 2. Fees, Costs, Access. (a) Upon execution of this lease, Lessee shall pay Lessor, as rent, for the first year of the term of this lease the sum of Two Thousand Dollars ( $2,000 00) At the beginning of each year thereafter, the annual rent shall automatically be increased in proportion to the percent increase of the Seattle-Everett CPI-U as published in the prior year Rent, thereafter, shall be payable annually in advance on the anniversary date of the execution of the lease Lessor shall acknowledge receipt of the same (b) The Communication Equipment is to be installed by Lessee at Lessee's sole cost and expense. Lessee shall have the right to enter the Premises prior to the Commencement Date to the extent such entry and placement is reasonably necessary to conduct engineering surveys inspections or other tests prior to installation of the Communication Equipment. Lessor shall permit Lessee access to the E:\share\telecom\Antenae.doc 1 ---- Rev.04\02U7 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 f , • • I Premises on a seven (7) day a week, twenty-four (24) hours per day basis, as is reasonably necessary to install, operate, maintain and remove the Communication Equipment. The on-site contact to access the Premises during business hours is the city's Water Superintendent phone number (206) 931-3066 After normal duty hours, the Water Superintendent may be reached by contacting the Police Department PH: 931-3094 3. Location of the Communication Equipment. The location of the Communication Equipment on the Premises shall be as shown on Exhibit B hereto. In the event that Lessee desires to move the Communication Equipment to a different place on the Premises, then new plans showing such new locations must be submitted to Lessor for its approval, which approval will not be unreasonably withheld, delayed or conditioned. All costs of such relocation shall be borne by Lessee. 4 Screening of Communication Equipment. Lessor may, if necessary and same may be accomplished without undue expense, require that Lessee screen the Communication Equipment located on the Building from public view to Lessor's specifications, in which event the reasonable costs thereof shall be borne by Lessee. 5 Indemnity Lessee shall indemnify, protect, defend and hold Lessor and its employees and agents harmless from and against any and all claims, liabilities, judgments, costs, damages, and expenses, including reasonable attorney's fees, arising out of or in any way related to the Communication Equipment, including, but not limited to, the installation, maintenance, operation or removal thereof, except to the extent that such claim, liability, judgment, cost, damage or expense arises out of the sole or gross negligence or willful misconduct of Lessor or its employees or agents. Lessor shall not be liable to Lessee, its agents, employees and contractors for damage to the Communication Equipment or any other property belonging to Lessee from any cause, except for any damage caused by the sole negligence or willful misconduct of Lessor or its employees or agents. Lessee waives all claims against Lessor and its employees and agents for damage to persons or Communication Equipment or property arising for any reason other than a claim based on the sole negligence or willful misconduct of Lessor or its employees or agents. Lessor and its employees and agents shall have no liability to Lessee for any interruption of utility service. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the lessee and the lessor, its officers, officials, employees and volunteers, the lessor's liability hereunder shall be only to the extent of the lessor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the lessees waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. Lessee at its own cost shall maintain public liability and property damage insurance (including contractual liability) with a single combined liability limit of $5,000,000 00 and property damage limits of not less than $250,000.00, insuring against all liability of Lessee and its employees arising out of Rv.04\ 29comWntenae doc 2 Rev 04\02\97 RESOLUTION NO 2836 - EXHIBIT "A" . ADOPTED APRIL 7, 1997 • and in connection with the Communication Equipment. All such insurance policies shall be issued by companies having an A.M. Best company rating of AX or better, on forms, with deductible amounts, if any, and loss payable clauses satisfactory to Lessor, and shall include Lessor, and, if required by any loan now or anytime hereafter encumbering the Structure, the beneficiary of any deed of trust which may encumber the Structure, as additional insureds. Such insurance polices shall contain separate endorsements for the additional insureds. 7 Compliance with Laws. Lessee shall at Lessee's sole cost and expense install, operate, maintain, and remove the ,Communication Equipment in accordance.with all applicable.government laws, rules,,regulations, codes and ordinances (collectively, the "Laws"), and shall obtain all necessary,FCC, FAA and any other governmental leases, permits and approvals (collectively, the "Approvals") required to install, operate, maintain and remove the Communication Equipment. Lessee:shall also comply with all applicable state and local laws, ordinances, regulations, and rules, including but not limited to local zoning authority 8. Non-Interference. The Communication Equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by Lessor or other occupants on the Structure except as might be permitted by applicable Laws, provided, however that subsequent to the installation by,Lessee of the.Communication Equipment, Lessor agrees to exercise reasonable care to assure equipment of subsequent providers leasing space on the tower does not interfere with Metricom's equipment operations. 9 Removal of Communication Equipment. The Communication Equipment is and shall remain the property of the Lessee and upon the expiration or earlier termination of this Agreement, Lessee shall, at lessee's sole cost and expense remove the Communication Equipment and restore the Premises to its original condition, normal wear and tear excepted. 10. Utilities. Lessee shall be entitled to install, and shall pay for the initial installation of, any utilities and services required for the Communication Equipment. Lessee shall directly pay for telephone service to the telephone utility Lessor shall provide Lessee with electricity for the Communication Equipment at the Structure. Lessee shall reimburse Lessor for such electricity at the rate of One Hundred and Fifty Dollars ($150) per year payable concurrently with the applicable Lease Fee installment. Lessor shall provide Lessee with such reasonable assistance as is necessary to enable Lessee to arrange such utilities and services, provided that all costs associated with such reasonable assistance shall be borne by Lessee. 11 Site Use Restrictions: (a) Prior to installation of equipment, Metricom shall submit for City review and approval an electrical and grounding connection plan that assures no interference with the water tank cathodic protection system. The plan shall include a 3 diameter common use conduit enclosure for cables from the ground level to top of tank. This conduit may be utilized by other telecommunication providers until such time as it is filled to capacity, at which time new providers will need to pay for E:\share\telecom\Antenae doc Rev:04\02\97 3 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 • • upsizing. Upon city approval of the plans, Metricom may proceed to install and operate the equipment. (b) Access shall be by separate padlock on the yard gate chain under control of lessee (c) Metricom will notify the Water Superintendent of the times of all site visits by calling PH:(206) 931-3066. 12. Miscellaneous. (a) Applicable law This agreement shall, in all respects, be governed by the laws of the State of Washington without regard to its conflicts of law principles. Metricom represents to the City that no license from the FCC is required for operation by Metricom in the 902 to 928 MHz band of the radio spectrum. (b) Modifications or Amendments. At such time as the City Council approves any regulation affecting telecommunications, Metricom agrees to amend this lease, as determined by the City in order to comply with any future ordinance related to telecommunications provided, however, that in no event shall such regulation (i) materially interfere with or affect Lessee's operation of its communication Equipment; or (ii) increase Lessee's financial obligations under the terms of this Agreement or impose some new financial obligations not already contemplated by this Agreement. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all parties hereto (c) Assignment; Successor and Assigns. All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. This Agreement shall not be assigned by Lessee without the express written consent of the Lessor, which consent shall not be unreasonably withheld, delayed or conditioned. Any attempted assignment in violation of this Section shall be void. The transfer of the rights and obligations of Lessee to a parent, subsidiary or other affiliate of Lessee, or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of Lessee's stock or assets, shall not be deemed an assignment. Lessee shall give to Lessor thirty (30) days' prior written notice of any such transfer (d) Termination. (i) This Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within forty five (45) days of receipt of written notice of default (or, if such default is not curable within forty five (45) days, if the defaulting party fails to commence such cure within forty five (45) days or fails to thereafter diligently prosecute such cure to completion), provided that the grace period for any monetary default is ten (10) days from receipt of notice. (ii) This Agreement may also be terminated by Lessee on forty-five (45) days prior written notice to Lessor if (A) Lessee is unable to obtain any requisite permit or authorization or any such permit or authorization is subsequently revoked or not renewed; (B) any physical or electronic interference materially interferes with the operation of the Communication Equipment; or (C) based on technological developments which occurred after the Effective Date, Lessee determines that it will be unable to utilize the Premises for its intended purpose. E:\share\telecomW ntenae.doc 4 Rev:04\02197 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 • • , , (iii) Lessor may terminate this Lease if Lessor needs the Premises for expansion of Lessor's responsibility to provide its services, and Lessor has no alternative site available, provided Lessor provides Lessee written notice 12 months in advance of lessor's need to re establish the City's sole use of the Premises (iv) If for reasons related to public health, safety or welfare, or for any operational need of the Water Utility, Lessor determines that this Agreement must be terminated, then Lessor reserves rights of unilateral termination and will do so by providing Lessee with a six month written notice. (v) Lessee shall be entitled to a pro rata refund of its prepaid Lease Fee for any termination of this Agreement by Lessee pursuant to Subsection 12(d)(i) or by Lessor pursuant to Subsection 12(d)(iii) or 12(d)(iv). (e) Entire Agreement. This Agreement, together with the Exhibits attached hereto, constitutes the entire understanding and agreement of the parties with respect to its subject matter and any and all prior agreements, understandings or representations with respect to its subject matter, whether written or oral, are hereby canceled in their entirety and are of no further force or effect. (f) Headings. The caption and paragraph headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the interpretation or construction of any term or provision hereof (g) No Other Inducement. The execution and delivery of this Agreement by the parties hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein. (h) Legal Fees. If any party commences legal proceedings for any relief against the other party arising out of or to interpret this Agreement, the substantially prevailing party shall be reimbursed its legal costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorney's fees and costs as determined by the Court. As used herein, "legal proceedings" includes any arbitration proceedings to which the parties may submit. (i) Non-Waiver No waiver by any party hereto of a breach of any provision of this Agreement shall constitute a waiver of any preceding or succeeding breach of the same or any other provision hereof (i) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (k) Full Authority Each of the parties to this Agreement represents and warrants (i) that the signatory to this Agreement is duly authorized to execute this Agreement on such party's behalf; (ii) that he, she or it has the full right, power, legal capacity and authority to enter into and perform the parties' respective obligations hereinunder; and (iii)'that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith. Each of the signatories hereto represents and warrants that he or she is duly authorized to execute this Agreement on the party's behalf E:',share\telecom W ntenae.doc Rev:04\02\97 5 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 • • (I) Covenant of Quiet Enjoyment. Lessor represents and covenants that Lessor has legal right to possession of the Premises and the power and right to enter into this Lease and that Lessee, upon the faithful performance of all of the terms, conditions, and obligations of Lessee contained in this Lease, shall peaceably and quietly hold and enjoy the Premises upon the terms, covenants, and conditions set forth in this Lease throughout the Term and any Renewal Terms free from any adverse claim of Lessor or any party claiming under Lessor (m) Notices. Any notice required or permitted under this Lease shall be given when actually delivered, or 48 hours after deposited in the United States mail as certified mail, addressed to the addresses as specified below or as from time-to-time changed by either of the parties in writing. Lessor CITY OF AUBURN, WASHINGTON Attn: City Engineer 25 West Main Auburn WA 98001 Lessee Metricom, Inc. 980 University Avenue Los Gatos, CA 95030 Attn: Property Manager (n) Liens. Except with respect to activities for which Lessor is responsible, Lessee shall pay as due all claims for work done on, and for services rendered or material furnished to, the Premises, and, except as permitted by Section 13, shall keep the Premises free from all liens. (o) Taxes. Upon commencement of the Lease, real property, leasehold taxes and or excise taxes assessed on the premises by reason of Lessee's installation of communication equipment upon the premises, shall be the responsibility of Lessee (p) Severability. If any one or more of the provisions of this Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Agreement and shall in no way affect the validity of the remaining provisions of this Agreement. [remainder of page intentionally left blank] - E\share\telecomlAntenae doe 6 Rev.04\02\97 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 • • IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement effective as of the date first set forth above LESSOR: LESSEE. THE CITY OF AUBURN METRI OM, INC. i% A ON BY 1 '4 CHARLES A. BOOTH Mayor/ Q DATE. �f0 h'I7 TITLE. CkIC+ --frvutAcw 0 i�PiV DATE April ID Number 9/�PC6/ ff : � � ATTEST Robin Wohlhueter, City Clerk APPROVED AS TO FORM: (A Michael J Reynolds, City Attorney E.\share\teLecom\Antenae.doc 7 Rev 04/02/97 [d/agree/met ;ur] RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 STATE OF WASHINGTON) )ss COUNTY OF KING On this 8th day of April, 1997, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Charles A. Booth and Robin Wohlhueter to me known to be the Mayor and City Clerk for the City of Auburn, Washington, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. %%%%%tp•nuoporn,, 143?�� NOTARY �,. - - E Danielle E. Daskam N oo Puouc ��� o: Notary Public in and for the State of Vie °8ER 25' �a�o`� Washington residing at Enumclaw '14°A' Commission Expires. 10/25/99 Metncom Lease Resolution No. 2836 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 CALIFORNIA ALL-PURPOSPACKNOWLEDGMENT es H...H - fl... -.H Vs-0.9n 0.- - *a.W - .0-0 H..S]... Yy AH/t • State of C- Vwf 0 I, County of &v✓L bt- C'laa PS On Ain I 7-4 )16117 before me, 4-14- 1R4- LAAA.- C.Al tev , I ,q Date ��� �" Name and 1111/4451 Officer(e g `Jane Doe,Notary Public') • personally appeared W flllcwu SARuVl d ` S - Name(s)of Signer(s) _ ppersonally known to me-OR • • - - - ••• : (s) Awhose name(s) is/are subscribed to the within instrument Lq and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by ,,i' AFI I� his/her/their signature(s) on the instrument the person(s), "�2,'' '2�; r � '+cw LYNN COMER or the entity upon behalf of which the person(s) acted, �5 ��fr��I /Vq" '�, 4N Comm. #1056497 ; executed the instrument. I'S 11 vR } . �!Bh NOTARY PUBLIC cALIFORNI I 2 tipt SANTA CRUZ COUNTY r comet, Ex A rii 20, 1999 WITNESS my hand and official seal. <` r ,y Signature• •ary nil../ OPTIONAL j*.1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent I fraudulent removal and reattachment of this form to another document rAl Description of Attached Document iAL Title or Type of Document: 1-1.-&-Y.- AsYe .I Fic Document Date: Aril >4 )lag 7. Number of Pages: i 2 II "' Signer(s) Other Than Named Above. I AlVi i Capacity(ies) Claimed by Signer(s) IS • Signer's Name: Signer's Name: ❑ Individual ❑ Individual '� El Corporate Officer El Corporate Officer N Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General • ❑ Attorney-in-Fact ❑ Attorney-in-Fact icsi ❑ Trustee El Trustee RIGHT F SIGI.ERRINT 'SIGNER I ID Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER MAL, ❑ Other Top of thumb here ❑ Other Top of thumb here $I I AFI AI • Signer Is Representing: Signer Is Representing: I 4 2 ei>G(lrh)Cf)eC"eiIC4'C 'CiC aSO4'CC)'�-•CiEZ`C-ZSU':OT.^CUE'UL 4`COU<.r.<?GG`C%C;Cde2>Ct tet Ct:Ct:ct:r-.roeteirg-`z.r�act,teat'rrwewi..ryj, 01995 National Notary Association 8236 Remmet Ave PO Box 7184 Canoga Park,CA 91309-7184 RESOLUTION NO 2836 - EXHIBIT "A" 127 ADOPTED APRIL 7, 1997 • • STATE OF WASHINGTON ) )ss COUNTY OF KING On this day of , 1997, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared to me known to be the of METRICOM, INC., a Washington Corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualified, and acting as said officer of the corporation and that said instrument was the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION expires: E \share\telecom\Antenae.doc 7-A RESOLUTION NO 2836 - EXHIBIT "A" Rev 04/02/97 [d/agree/met jur) ADOPTED APRIL 7, 1997 • a EXHIBIT A to that certain Agreement dated n 194 , 1997, by and between Metricom, Inc., as Lessee and The City of Auburn as Lessor All of that real property situate in the County of Kina , State of Washington , described as follows: The south 175.00 feet of the east 110.00 feet of the west 1,393.00 feet of the southeast quarter of Section 31, Township 21 North, Range 5 East, W.M., in the City of Auburn, King County, Washington. Lessor's Initials Lessee's Initials E.\share\telecom\Antenae.doe 8 RESOLUTION NO 2836 - EXHIBIT "A" Rev 04\02\97 ADOPTED APRIL 7, 1997 • • EXHIBIT B (page 1 of 3) to that certain Agreement dated nl 24 1997, by and between Metricom, Inc., Licensee, and The CI of Auburn , Licensor (location of Premises and Communication Equipment) AUBURN WATER DISTRICT WATER TANK WAP RADIO/ANTENNA ASSEMBLIES MOUNTED TO OUTSIDE OF WALKWAY RAILING INSTALL FIVE INCH METAL A CONDUIT ROUTED FROM BASE LADDER OF TANK TO TANK TOP �I-it111u tl�l ON EACH END OF 5 INCH I r ttltl,t�t ,�1� CONDUIT _ INSTALL TWO INCH CONDUIT FROM WAP CABINET INTO 24 INCH J-BOX AT BOTTOM OF TANK INSTALL TWO 1 25 INCH CONDUIT FROM TOP 24 INCH J- BOX TO RADIO J-BOXES AT FOUR LOCATIONS ON TANK t'X 1'X 05' TOP RAILING. J-BOX VERTICAL CONDUIT RUN WILL BE ANCHORED TO LADDER SUPPORT BRACKETS USING GALVANIZED MATERIALS. EXISTING WATER DEPARTMENT ENCLOSURE TO PICK UP AC POWER AND COMMUNICATIONS c WAP CABINET •.. Licensor's Initials Licensees Initials THESE PLANS ARE"AfTROVar FOR COfteQ^,M` .c7. WITH THE CITY OF A 1„'"I oN I c=:z.._ a : •f.sioN'S REQUIRE0.•_ ,S A nv 4 Ddwe Approved: • E:\share\telecom\Antenae.doc 9 - Rev:04/02/97 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 • • EXHIBIT B (page 2 of 3) RICOCHET WAP RADIO MOUNTED ON WATER TANK RAILING RAILING 4 GALVANIZED BRACKET RADIO/ANTENNA RADIO f MOUNTING l 7- BRACKET • L ANTENNA COVER PAINTED TO MATCH MOUNTING SURFACE COLOR iV RADIO ---,,-,-4.. ry WALKWAY RAILING SUPPORT U-BOLTS FASTEN J- BOX TO OUTSIDE OF Wes, RAILING SUPPORT TANK TOP � 11N.„ ETHERNET CONNECTOR FLEX-CONDUIT CARRYING ETHERNET CABLE TO RADIO J-BOXFASTENED TO RAILING SUPPORT 1.25 INCH CONDUIT FROM ADJACENT J-BOXES (� THESE PLANS 40e "APPROVED' FOR C ,Q _ CC •^G'- - ,?-fE CITY OF AUBURN b0> Licensors Initials MCA S REQUIREMENTS Licensee's Initials App - Date Approved: cie K- 9� E.lshare\elecomf.Anlenae.doC — Rev:04/02/97 10 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 • • ■ s EXHIBIT B (page 3 of 3) ONE WATT OUTPUT DIRECTIONAL POWER ANTENNA VINYL COVERED METAL FLEX CONDUIT ATTACHED TO RADIO CASE AND METAL J-BOX METAL RADIO- ETHER- .. - .. ,, J-BOX - NET .. it .. .. • I-RADIO CASE 1"' �` ' STEEL OUTDOOR WAP CABINET ETHERNET CABLE 1 SHIELD BONDED TO CABINET SHIELDED ETHERNET CABLE FROM RADIO MS 120VAC CONNECTOR TO EPDU TO I 1 f INSIDE WAP CABINET 24DC o POWER METAL CONDUIT SUPPLY ATTACHED TO METAL• .—CABINETAND METAL J- UNE UPS — BOX SIGNAL TO NEUTRAL COMMUNICATIONS METRICOM OUTDOOR ELLECTTRONICS RONICS UTILITY - WAP CABINET AND RADIO _ GROUNDING SCHEME Licensor's Initials Licensee's Initials Licensee may replace the attached drawings of the location of the Premises and Communication Equipment with as-built drawings depicting same. Such replacement drawings shall be deemed a part of this Agreement and be binding on Licensee and Licensor mass PLANS ARE "APPROVED' FOR COP3r:OIMAfuCE WITH THE CITY OF AUBURN C t.�l`wr.ca•,,G DIVISION'S REQUIREMENTS D2r©vcd uy Data Approve **7-" E:\share\telecom W ntenae.doc — Rev:04/02/97 11 RESOLUTION NO 2836 - EXHIBIT "A" ADOPTED APRIL 7, 1997 0SE El 486004 :14402 02 2 40:' 01 45240.0 OEEifbO3y SaU11J NDIS C:.100000'ES N3 A0 N1JfSIW 30 All ) j dO 230H0 j :En at. ***************slua0 00 Puy suellou A}} 13 paupunH au0 puesnoyl om1 An r00 051 ' 2****** It ;2b L6-Avw-021 f`r =., ft,77,E ^n ',. c a ems ° :, �.-4€2 nis- r7? - s; X :oJmsc acrxrj OUna ii 00Z3•65E•80'eunyd � ZbC073S Z2SO09-Gg17< V N Jtl300dtl3 Sll3fd c_EZ'OECSd VG '`c:eOSn7 v�� qT179?170 yd, uo:.E1edooC Li! en:aey 4:s,amvp 096 T DO 05I 2 00 0 S06'OJ_d FinC: Wad 1N21tl21d1.S SIHl NIV13ki ONV HON/180 3SV8id 00 o; l '2 00 0 AlllIifl ONV 333 3SI1 L6-AVW-02 G68 :-t- *L� ' " ' 'F'Tiiw m57.77`7F�Y TLTi .: y 3 "r i'g75 ii g n- rFw,Tp c e s tRirT„_ J 1.-t-,, ,,,--- .al:4;ii,i�. , .ft,yV- .1• ,r..: tisv. z, �.: „ � 6 .y "—tl2 .6;9'li TO oab,001:3A N21 JO t1Jrgi A ONlOOV1S1O :3170 T V 9Zti0 DI\' 'ZC I•tcr SOV XVd 000856C•80r 8LJO;'d C OO-u 10955 FJ '`OJED S07 'anu9q TJJS:avuri OFG FIl(,}lLT!2 I,,1,{y V `10 . - t Ct CHARLES BOOTH,MAYOR Lf ES AUBURN CITY CLERK Robin Wohlhueter,City Clerk Auburn. 25 West Main, Auburn,WA 98001 Dani Daskam,Deputy City Clerk City Clerk:(206)931-3039 Tonne Bothell, Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931 3053 STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2836 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2836 " I certify that said Resolution No 2836 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 7th day of April, 1997 Witness my hand and the seal of the City of Auburn this 19th day of May, 1997 OWai Robin Wohlhueter City Clerk City of Auburn _ Fr y/� 980 University Avenue b? Met com Los Gatos. CA 95030 May 22, 1997 City of Aub ,e?shington �� 114Y a 199?25 West Main Street IV ele UkN Auburn, WA 98001 •'78 'OFFIcE Attn: City Engineer Re. License Agreement dated April 24, 1997 (the "Agreement") Dear Mr Dowdy Enclosed please find a check in the amount of$2,150 00 which represents $2,000 rent and $150 utility reimbursement for the initial year of the Agreement. Our insurance broker will forward the original insurance certificate directly to you. If you have any questions, or need any assistance, please feel free to contact me at (408) 399-8164 Sincerely, Norine Luker Puget Sound Area Property Manager nl/encl. Telephone. Fax. 408.399.8200 408.354.1024 r _.______ _ ___ x t DATE(MM/OD/YY) • AOORDn ;CERTIFICATE `O.F:LIABILIT°Y :INSURANCE .• _._l._ 05/27/97 4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN7=0RMATION Woodruff-Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 Bush Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 7th Floor COMPANIES AFFORDING COVERAGE San Francisco, CA 94104 COMPANY A Chubb/Vigilant Ins. Co. INSURED COMPANY Metricom Inc. B Chubb/Federal Ins. Co. Metricom DC,LLC COMPANY 980 University Avenue C Northbrook Prop. & Cas. Los Gatos, CA 95030-2375 COMPANY G3 D COVERAGES..:.. -?.r_ _ '.r..r_:.:- ._.._._ Z THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY 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 POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OFINSURANCE POLICY NUMDER DATE(MM/DD/YY) DATE(MWDD/YY) A GENERAL LIABILITY 35291948 04/01/96 09/30/97 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 10,000 B AUTOMOBILE LIABILITY 73164541 04/01/96 09/30/97 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 ��''II 04/01/96 09/30/97 79072375 AGGREGATE $ 4,000,000 R UMBRELLA FORM OTHER THAN UMBRELLA FORM _ $ ORV UMITS I X OER C EMPLOYRERSOMABN$TM ON AND 88307103 09/30/96 09/30/97 EL EACH ACCIDENT $ 1.000.000 THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT $ 1,000.000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE.Lakeland Hills Water Tower Site Certificate holder is named as additional insured per form#40020004. "C.E-RT IF-CA TE'HO�L Dv ER-�-.,...; .._ ,"~"_ _...14'n:...,_�- "s�- w. ,: , ,i'.....,C_AN_C_ELLATION:T,enD Nticefpr Non-PyuenE of PrmiumA : SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Auburn,Washington EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL EBEIZMUCHSOM MAIL Attn: City Engineer 30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, 25 West Main Be ,� Auburn,WA 98001 �X �H nsmcre z�TCx .w..- ^^�A,_.HOwRUT IZED REPR , ,, n 7'1:-L72,7-„:'' .,.;.3�::.�° (�/,- �.-.'' , ©'ACORD CORPORATIONJ988? ES/EEN�TA 007815 - (1/95);_i .: ] �j / •-.......:..-.:, : ... r a • Commercial Insurance Coverage Amendment effective 4/1/97 WHO IS INSURED: THE WHO IS INSURED PROVISION IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON OR ORGANIZATION DESIGNATED BUT BELOW, ONLY INCLUDING THE COMMERCIAL MEMBERS, OFFICERS LIABILITY PROVIDED EMPLOYEES, PROVIIDED BY THIS POLICY AND ARISING OUT OF THE OPERATIONS OF THE NAND INSURED IN CONNECTION WITH THE AGREEMENT FOR WORK PERFORMED BETWEEN THE NAMED INSURED AND THE PERSON OR ORGANIZATION DESIGNATED BELOW. IT IS FURTHER AGREED. THIS INSURANCE IS PRIMARY OVER ANY OTHER COLLECTIBLE INSURANCE ONLY AS RESPECTS THE OPERATION OF THE NAMED INSURED. ANY MUNICIPALITY REQUIRED TO BE NAMED BY ANY CONTRACT OR AGREEMENT, PROVIDED SUCH CONTRACT OR AGREEMENT IS EXECUTED PRIOR TO ANY LOSS, AND ONLY AS RESPECTS OPERATIONS OF OR ON BEHALF OF THE NAMED INSURED. E., I I//%l nw, A :fir terms and conditions remain unchanged. .; tho>ued Represe tatFe Named Insured: METRICOM, INC. Policy Number 3529 19 48 producer WOODRUFF-SAWYER & CO. SAN FRANCISCO, CA /act v:3/24/97.1 Page 1 of 1 CHUBB Form 40.02.0004 (Ed. 9•S41 A 01 f _ ( DATE(MMlDDM/) I ACORD ,u CERTIFICA I c OF LIABILITY INSURAITICE 09/22/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Woodruff-Sawyer & CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Y // HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 Bush Street ''A l,-(- 41" 1 z ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 7th Flonr COMPANIES AFFORDING COVERAGE San Francisco, CA 94104 COMPANY 0 A Chubb/Vigilant Ins. Co. INSURED CT „ 'COMPANY Metricom Inc. 3 199 ,, . B Chubb/Federal Ins. Co. Metricom DC,LLC (;/ 980 University Avenue COMPANY y pi �A� . c St. Paul Guardian Los Gatos, CA 95032-2375 04 ,9 &umv �F C8 COMPANY I .. . Fib+f. COVERAGES ` _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY 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 POUCV EFFECTIVE PDUCY EXPIRATION UNTIE DATE(MWDDNY) DATE(MM/DWYY) A GENERAL UABILITY 35291948 09/30/97 09/30/98 GENERAL AGGREGATE $ 1,000.000 X COMMERCIAL GENERALLIABILITV PRODUCTS COMP/OPAGG s 1,000.000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY S 1,000,000 — OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one lire) S 1.000,000 MEDEXP(Any one person) $ 10,000 B AUTOMOBILE UABILITY X ANY AUTO 73164541 09/30/97 09/30/98 COMBINED SINGLE LIMIT $ 1,000,000 _ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) T. X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident $ PROPERTY DAMAGE $ GAR AGE LIABILITY AUTO ONLY EA ACCIDENT $ _ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE S B EXCESS LIABILITY EACH OCCURRENCE S 4,000,000 79072375 09/30/97 09/30/98 X UMBRELLA FORM I. 00 AGGREGATE 4,000,000 OTHER THAN UMBRELLA FORM $ C. WORKERS COMPENSATION AND I TORY LIMITS I X, FR EMPLOYERS LIABILITY WVA9400567 09/30/97 09/30/98 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR) X INCL EL DISEASE POLICY OMIT S 1,000.000 PARTNERS/EXECUTIVE OFFICERS ARE ENCL EL DISEASE EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE. Lakeland Hills Water Tower Site Certificate holder is named as additional insured per form#40020004. CERTIFICATE HOLDER _ ' .CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Auburn, Washington EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL S(R17 MAIL Attn: City Engineer 30 _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 25 West Main setwaiseenesseinteesstutegurs Auburn,WA 98001 OAx.nnxwMananxaanmxxBRfXDNx]�II A RIZED ATI D REPRESENTVE I e.0sC ../ N-L------- 007815 ACORD 25-S(1/95) z ./� 0 ACORD CORPORATION 1988 ,S 4. RECORDS MANAGEMENT Ordinance No. / Resolution No �o d47 Date Adopted 4/9/91 Copies to. 1 ) Department Contact(s)• '�i�lLL Finance Department de> ��' /� �� ` i L540) (Copy if relates to fees, charges, or any accounting responsibility) ws � G/3/f J G fc C �� 2.) Code Book: + X 673 ? 3 ) Recording File' 4 ) Citizen Requests: NAME Address cc: City Clerk /20,,?/(ZAIAZZ) tfrILY dalifi a/9 1% , OFFICE OF '1 HE CITY MA1 OR t 0 ADNIINIS I RATION z.1" �*y 23 Nest Main. Auhurn, WA 900 900 Charizs 4. Booth, Mawr (4.1" atit4. / (2(16)931-31141 Fax (206) 911-3063 1/ 1 April 17, 1997 Mr Ewa Hugh Metricom, Inc. 980 University Ave, 2nd Fl Los Gatos CA 95030 Dear Mr Hugh. On April 7, 1997, the Auburn City Council adopted Resolution No. 2836 which authorizes the execution of a Lease Agreement between the City and Metricom, Inc. for the purpose of leasing space on the Lakeland Hills water tower for communication equipment. Enclosed is a copy of Resolution No 2836 and the original Lease Agreement including Exhibits A and B The Lease Agreement has been executed by City of Auburn officials and now requires the notarized signature of the authorized officer for Metricom. Please note that all pages of Exhibits A and B of the Agreement must be initialed also Please return the original fully executed Lease Agreement and exhibits to the Auburn City Clerk, 25 West Main Street, Auburn, WA, 98001 If you have any questions, please contact City Engineer Dennis Dowdy at (206)931- 3023 Sincerely, Chin 4�s (\ 1.304 Charles A. Booth Mayor Enclosures cc: City Clerk Robin Wohlhueter City Engineer Dennis Dowdy File: A3.17 f:\clerk\cont\RES2836 Pk 980 University Avenue 4/)7 Met ncom Los Gatos, CA 95030 Office of Right-of-Way Writer's direct number(408)399-8192 April 24, 1997 4/0 C rY 8 449e,Via Airborne Express 0.1 / 449e, City of Auburn �` ���0P Attn. Dennis Dowdy 25 West Main Auburn, WA 98001 Dear Mr Dowdy Enclosed for notarization by the City of Auburn are two (2) counterparts of the agreement between the City of Auburn and Metricom, Inc. The enclosed documents have been executed and notarized on behalf of Metricom, Inc. We appreciate your assistance in notarizing these counterparts and returning one (1) counterpart to my attention at our Los Gatos office. If you have any questions, please do not hesitate to contact our Property Manager, Lynn Comer at (408) 399-8344 Sincerely, Ewa H gh Administrative Assistant Enclosures Telephone: Fax: 408.399.8200 408.354.1024 ORIGINAL LEASE AGREEMENT THIS LEASE AGREEMENT (this "Agreement") is made as of this day of , 1996 (the "Effective Date") by and between City of Auburn, a Washington municipal corporation ("Lessor") and Metricom, Inc., a Delaware corporation ("Lessee") A. Lessor is the owner of the property located at Lakeland Hills Water Tower, in the City of Auburn, Washington, more particularly described on Exhibit A hereto which exhibit is incorporated herein by this reference (the "Property"). Lessee desires to lease on a non-exclusive basis, portions of the structure located on the Property (the "Structure") and a portion of the ground space (collectively, the "Premises") from Lessor pursuant to the provisions stated in this Agreement. The Premises are more fully described on Exhibit B which exhibit is incorporated herein by this reference B. Lessee wishes to use the Premises for purposes of placing up to sixteen (16) Metricom repeater radios (the "Radios"), associated antennas, cabling and other related equipment (hereinafter collectively referred to as the "Communication Equipment") NOW THEREFORE, for and in consideration of the leasing fees described below, and the covenants and conditions hereinafter set forth, Lessor hereby leases to Lessee, on a non-exclusive basis portions of the Premises as hereinafter described for the term of this Agreement, and subject to and upon all the terms, covenants and agreements set forth in this Agreement: 1 Lease Term. The term of the lease granted hereunder shall be for a period of sixty (60) calendar months commencing upon the effective date of City Council approval of a franchise to provide telecommunication services in the City of Auburn. (the "Commencement Date") and terminating on the date which is sixty (60) calendar months later (the "Term") Lessee will be responsible for applying for any extension or renewals of the lease at least 60 calendar days prior to termination if continuance is desired. In any event, a condition of any renewal approval for this lease agreement is City Council approval of a franchise agreement between the City and Metricom, if technologically necessary 2. Fees, Costs, Access. (a) Upon execution of this lease, Lessee shall pay Lessor, as rent, for the first year of the term of this lease the sum of Two Thousand Dollars ( $2,000 00) At the beginning of each year thereafter, the annual rent shall automatically be increased in proportion to the percent increase of the Seattle-Everett CPI-U as published in the prior year Rent, thereafter, shall be payable annually in advance on the anniversary date of the execution of the lease. Lessor shall acknowledge receipt of the same. (b) The Communication Equipment is to be installed by Lessee at Lessee's sole cost and expense. Lessee shall have the right to enter the Premises prior to the Commencement Date to the extent such entry and placement is reasonably necessary to conduct engineering surveys, inspections or other tests prior to installation of the Communication Equipment. Lessor shall permit Lessee access to the E:\share\telecomWntenae.doc 1 Rev:04\02\97 Premises on a seven (7) day a week, twenty-four (24) hours per day basis as is reasonably necessary to install, operate, maintain and remove the Communication Equipment. The on-site contact to access the Premises during business hours is the city's Water Superintendent phone number (206) 931-3066 After normal duty hours, the Water Superintendent may be reached by contacting the Police Department PH: 931-3094 3. Location of the Communication Equipment. The location of the Communication Equipment on the Premises shall be as shown on Exhibit B hereto. In the event that Lessee desires to move the Communication Equipment to a different place on the Premises, then new plans showing such new locations must be submitted to Lessor for its approval, which approval will not be unreasonably withheld, delayed or conditioned. All costs of such relocation shall be borne by Lessee. 4 Screening of Communication Equipment. Lessor may, if necessary and same may be accomplished without undue expense, require that Lessee screen the Communication Equipment located on the Building from public view to Lessor's specifications, in which event the reasonable costs thereof shall be borne by Lessee 5. Indemnity Lessee shall indemnify, protect, defend and hold Lessor and its employees and agents harmless from and against any and all claims, liabilities, judgments, costs, damages, and expenses, including reasonable attorney's fees, arising out of or in any way related to the Communication Equipment, including, but not limited to, the installation, maintenance, operation or removal thereof, except to the extent that such claim, liability, judgment, cost, damage or expense arises out of the sole or gross negligence or willful misconduct of Lessor or its employees or agents. Lessor shall not be liable to Lessee, its agents, employees and contractors for damage to the Communication Equipment or any other property belonging to Lessee from any cause, except for any damage caused by the sole negligence or willful misconduct of Lessor or its employees or agents. Lessee waives all claims against Lessor and its employees and agents for damage to persons or Communication Equipment or property arising for any reason other than a claim based on the sole negligence or willful misconduct of Lessor or its employees or agents. Lessor and its employees and agents shall have no liability to Lessee for any interruption of utility service. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the lessee and the lessor, its officers, officials, employees and volunteers, the lessor's liability hereunder shall be only to the extent of the lessor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the lessee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. Lessee at its own cost shall maintain public liability and property damage insurance (including contractual liability) with a single combined liability limit of $5,000,000 00 and property damage limits of not less than $250,000.00, insuring against all liability of Lessee and its employees arising out of E:\shareltelecomWntenae doc 2 Rev:04\02\97 and in connection with the Communication Equipment. All such insurance policies shall be issued by companies having an A.M. Best company rating of AX or better, on forms, with deductible amounts if any, and loss payable clauses satisfactory to Lessor, and shall include Lessor, and, if required by any loan now or anytime hereafter encumbering the Structure, the beneficiary of any deed of trust which may encumber the Structure, as additional insureds. Such insurance polices shall contain separate endorsements for the additional insureds. 7 Compliance with Laws. Lessee shall at Lessee's sole cost and expense install, operate, maintain, and remove the Communication Equipment in accordance with all applicable government laws, rules, regulations, codes and ordinances (collectively, the "Laws"), and shall obtain all necessary FCC, FAA and any other governmental leases, permits and approvals (collectively, the "Approvals") required to install, operate, maintain and remove the Communication Equipment. Lessee shall also comply with all applicable state and local laws, ordinances, regulations, and rules, including but not limited to local zoning authority 8. Non-Interference. The Communication Equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by Lessor or other occupants on the Structure except as might be permitted by applicable Laws, provided, however that subsequent to the installation by Lessee of the Communication Equipment, Lessor agrees to exercise reasonable care to assure equipment of subsequent providers leasing space on the tower does not interfere with Metricom's equipment operations. 9. Removal of Communication Equipment. The Communication Equipment is and shall remain the property of the Lessee and upon the expiration or earlier termination of this Agreement, Lessee shall, at lessee's sole cost and expense, remove the Communication Equipment and restore the Premises to its original condition, normal wear and tear excepted. 10. Utilities. Lessee shall be entitled to install, and shall pay for the initial installation of, any utilities and services required for the Communication Equipment. Lessee shall directly pay for telephone service to the telephone utility Lessor shall provide Lessee with electricity for the Communication Equipment at the Structure. Lessee shall reimburse Lessor for such electricity at the rate of One Hundred and Fifty Dollars ($150) per year payable concurrently with the applicable Lease Fee installment. Lessor shall provide Lessee with such reasonable assistance as is necessary to enable Lessee to arrange such utilities and services, provided that all costs associated with such reasonable assistance shall be borne by Lessee. 11 Site Use Restrictions: (a) Prior to installation of equipment, Metricom shall submit for City review and approval an electrical and grounding connection plan that assures no interference with the water tank cathodic protection system. The plan shall include a 3 " diameter common use conduit enclosure for cables from the ground level to top of tank. This conduit may be utilized by other telecommunication providers until such time as it is filled to capacity, at which time new providers will need to pay for E:\share\elecomVintenae.doc 3 Rev 04\02\97 IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement effective as of the date first set forth above. LESSOR: LESSEE. THE CITY OF AUBURN METRICOM, INC. gina46 , 1.1A � o BY CHARLES A. BOOTH \\\ Mayor/I IQ �� DATE. /7/ J fr2 7 TITLE. Q1- 62(01,2;0 DATE. Taxpayer ID Number. ATTEST Robin Wohlhueter, City Clerk APPROVED AS TO FORM: ckiar/ Michael J Reynolds, City Attorney E \share\telecom\Antenae.doc 7 Rev 04/02/97 rd/agree/met jurl STATE OF WASHINGTON ) )ss COUNTY OF KING On this day of , 1997, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared to me known to be the of METRICOM, INC , a Washington Corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualified, and acting as said officer of the corporation and that said instrument was the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. NOTARY PUBLIC in and for the State of Washington, residing at MY COMMISSION expires: E \share\teleccm\Antenae.doc 7-A Rev 04/02/97 Cd/agree/met-jur] EXHIBIT A to that certain Agreement dated , 1997, by and between Metricom, Inc., as Lessee and The City of Auburn as Lessor All of that real property situate in the County of King , State of Washington described as follows: The south 175.00 feet of the east 110.00 feet of the west 1,393.00 feet of the southeast quarter of Section 31, Township 21 North, Range 5 East, W.M., in the City of Auburn, King County, Washington. LR Lessor's Initials Lessee's Initials E:\share\telecom\Antenae.doc 8 Rev: 04\02\97 EXHIBIT B (page 1 of 3) to that certain Agreement dated , 1997, by and between Metricom, Inc., Licensee, and The City of Auburn , Licensor (location of Premises and Communication Equipment) AUBURN WATER DISTRICT WATER TANK WAP RADIO/ANTENNA ASSEMBLIES MOUNTED TO OUTSIDE OF WALKWAY RAILING INSTALL FIVE INCH METAL A CONDUIT ROUTED FROM BASE LADDER OF TANK TO TANK TOP •Pehl1 � <I!a EACH N ON EAC END OF 5 CH�X 1� CONDUIT. INSTALL TWO INCH CONDUIT FROM WAP CABINET INTO 24 INCH J-BOX AT BOTTOM OF TANK INSTALL TWO 1.25 INCH CONDUIT FROM TOP 24 INCH.J- BOX TO RADIO J-BOXES AT FOUR LOCATIONS ON TANK 1'X 1'X0.5' TOP RAILING J-BOX VERTICAL CONDUIT RUN WILL BE ANCHORED TO LADDER SUPPORT BRACKETS USING GALVANIZED MATERIALS. EXISTING WATER DEPARTMENT ENCLOSURE TO PICK UP AC POWER f. AND COMMUNICATIONS WAP CABINET 1 Licensors Initials Licensee's Initials THESE PLANS ARE-APPROVED- FOR CC1'7'4^MAflc2 WITH THE CITY OF p"^1IoN I 'f::::,'a ' C !.SIGN'S REQUIRE L . 1 S A I iv::d Date Approved: eint / / E:lsharetlelecom■ ntenae.doc 9 Rev:04/02/97 EXHIBIT B (page 2 of 3) RICOCHET WAP RADIO MOUNTED ON WATER TANK RAILING RAILING • RADIO/ANTENNA GALVANIZED BRACKET RADIO .� MOUNTING 6 BRACKET ANTENNA COVER PAINTED TO MATCH MOUNTING SURFACE COLOR iV RADIO . 1 WALKWAY RAILING SUPPORT —� A- . U-BOLTS FASTEN BOX TO OUTSIDE OF �' ' .. I RAILING SUPPORT TANK TOP \ ETHERNET CONNECTOR \\y FLEX-CONDUIT CARRYING ETHERNET CABLE TO RADIO 4 J-BOXFASTENED TO RAILING SUPPORT 115 INCH CONDUIT FROM ADJACENT J-BOXES (� THESE PLANS Ant "APPROVED.' FOR C JJ ( CC' " CITY OF AUBURN Licensors Initials ED _ 'GUIREMENTS Licensee's Initials Ac.. e'are„ :A. Date r:,,,.,oved: ., 9e .r- 472E:\share'telecomlAntenae.doc 1 0 Rev:04/02/97 EXHIBIT B (page 3 of 3) ONE WATT OUTPUT DIRECTIONAL 4POWER ANTENNA VINYL COVERED METAL FLEX CONDUIT ATTACHED TO RADIO CASE AND METAL J-BOX -o METAL-RADIO NET - - 4 J-BOX IT li RADIO CASE 4-0 a. STEEL OUTDOOR WAP ETHERNET CABLE CABINET SHIELD BONDED TO 1 CABINET SHIELDED ETHERNET 120VAC CABLE FROM RADIO MS CONNECTOR TO EPDU TO �— INSIDE WAP CABINET 2ADC POWER - METAL CONDUIT SUPPLY ATTACHED TO METAL• LINE UPS — 1 1 .—CABINET AND METAL J- BOX SIGNAL TO NEUTRAL - COMMUNICATIONS LECTRO ICS METRICOM OUTDOOR ELECTRONICS GROUND 1 = WAP CABINET AND RADIO -1- GROUNDING SCHEME Licensoe's Initials Licensee's Initials Licensee may replace the attached drawings of the location of the Premises and Communication Equipment with as-built drawings depicting same. Such replacement drawings shall be deemed a part of this Agreement and be binding on Licensee and Licensor THESE PLANS ARE "APPROVED" FOR Cr'+!,Tf r<.Lr urn-' THF. CITY OF AU3URN ' 2- C VISION'S REQUI: 1ENTS .3r0` _.I y Date Approved 411 f E:lshare'telecomWntenae.doc 11 Rev:04/02/97 EXHIBIT A to that certain Agreement dated , 1997, by and between Metricom, Inc., as Lessee and The City of Auburn as Lessor All of that real property situate in the County of King , State of Washington , described as follows. Q\ A \8cA Lessor's Initials Lessee's Initials E:lshare\telecomN,ntenae.doc 8 Rev:04\02197 EXHIBIT B to that certain Agreement dated , 1997, by and between Metricom, Inc., Lessee, and The City of Auburn , Lessor (location of Premises and Communication Equipment) Lessor's Initials Lessee's Initials Lessee may replace the attached drawings of the location of the Premises and Communication Equipment with as-built drawings depicting same Such replacement drawings shall be deemed a part of this Agreement and be binding on Lessee and Lessor E:\shareVelecomWntenae.doc 9 Rev:04\02\97 EXHIBIT B (page 1 of 3) to that certain Agreement dated , 1997, by and between Metricom, Inc., Licensee, and The City of Auburn , Licensor (location of Premises and Communication Equipment) AUBURN WATER DISTRICT WATER TANK WAP RADIO/ANTENNA ASSEMBLIES MOUNTED TO OUTSIDE OF WALKWAY RAILING INSTALL FIVE INCH METAL A CONDUIT ROUTED FROM BASE LADD R OF TANK TO TANK TOP -Mill ,� .all 1.1 ON EACH END OF 5 NCH OX , ' �••••"• ,'I' CONDUIT INSTALL TWO INCH CONDUIT FROM WAP CABINET INTO 24 INCH J-BOX AT BOTTOM OF TANK INSTALL TWO 1.25 INCH CONDUIT FROM TOP 24 INCH J- _ BOX TO RADIO J-BOXES AT FOUR LOCATIONS ON TANK 1'X 1'X B S' TOP RAILING. J-BOX VERTICAL CONDUIT RUN WILL BE ANCHORED TO LADDER SUPPORT BRACKETS USING GALVANIZED MATERIALS EXISTING WATER DEPARTMENT ENCLOSURE TO PICK UP AC POWER AND COMMUNICATIONS WAP CABINET lig Licensor's Initials Licensee's Initials THESE PLANS ARE"APPROVED" FOR Cr'!'tFORMMANCE WITH THE CITY OF AUBURN r :i:IIUE."-.'3:tv<i CIVISION'S REQUIREMiNTS Approvad fly: ett .�G� Pate Appmvcdc .. ._.. .._._— E?share 1telecom\Antenae doc 9 Rev 04/02/97 EXHIBIT B (page 2 of 3) RICOCHET WAP RADIO MOUNTED ON WATER TANK RAILING RAILING vi RADIOIANTENNA GALVANIZED BRACKET RADIO .� MOUNTING —lir it BRACKET • ANTENNA COVER PAINTED TO MATCH MOUNTING SURFACE COLOR N RADIO . �- N WALKWAY RAILING SUPPORT —� U-BOLTS FASTEN J- - BOX TO OUTSIDE OF LSx` RAILING SUPPORT TANK TOP ETHERNET CONNECTOR FLEX-CONDUIT CARRYING ETHERNET CABLE TO RADIO �— J-BOXFASTENED TO RAILING SUPPORT 1.25 INCH CONDUIT FROM ADJACENT J-BOXES THREE PLAI'JS ARE m'APPROVEIr FOR CONFORMANCE WITH THE CITY OF At=iANI Licensors Initials EN4IIfESCINa VMS • • S REQUIREME:-t3 Licensee's Initials Amon By: abrat-..■ NO Approved , E\share\telecom\Antenae.doc 10 Rev 04/02/97 EXHIBIT B (page 3 of 3) ONE WATT OUTPUT DIRECTIONAL POWER ANTENNA VINYL COVERED METAL FLEX CONDUIT ATTACHED TO RADIO CASE AND METAL J-BOX _ METAL ET RADIO HER- I— • Jr BOX NET 1.1111c I- I t RADIO CASE '' � • • STEEL OUTDOOR WAP CABINET ETHERNET CABLE 1 SHIELD BONDED TO CABINET SHIELDED ETHERNET 120VAC CABLE FROM RADIO MS CONNECTOR TO EPDU TO INSIDE WAP CABINET 24DC POWER METAL CONDUIT SUPPLY ATTACHED TO METAL • t—CABINET AND METAL J- UNE UPS — 1 BOX SIGNAL TO NEUTRAL COMMUNICATIONS ELECTRONICS METRICOM OUTDOOR GROUND UTILITY f • GRO = WAP CABINET AND RADIO —I— GROUNDING SCHEME ,gSriii_ it - a Top 45003ITHECITYCIfirl!3URN Lens t; ;°;t , Czf CIWWS • w ilfit ?,ENTS Oprar Sys Licensor's Initials � tjgy ,_, _,, ; �- - - Licensee's Initials Licensee may replace the attached drawings of the location of the Premises and Communication Equipment with as-built drawings depicting same. Such replacement drawings shall be deemed a part of this Agreement and be binding on Licensee and Licensor E:tshare\telecomWntenae.doc 11 Rev.04/02/97 6 S: '13NInQ3H S.NOIsi?w 1.11.11::;:a ;l Not t V 3O Aita 3H1 K UM :3a1y0A4I801P4f3 aalf Al3noaadvP 31W Stud 89314.1 slewuI s,eesueorl L6¢o/b0:A08 oop.aeue1u Vlwoealapaleus\:3 sIemuI s,losueoil 13NIOVO dVM SNOIIVOINf VI WOO ONV H3MOd OW dfl NOId 013Hf1S010Na 1N3W1JVd30 L131VM ONIISIX3 S1VIH31VW OBZINVA1VO ONISO S13NOVH81HOdd0S H300V1O103HOHONV 38 TIM Nn 11PONOO lVOITH3A 'ONf11V8 d01 NNV1 NO SNOIIVOOI 2lfOd 1V S3XO8-r 0I0V21 01 XO8 -r HONI PC,d01 NOS 11f10N00 NONI SZ L OML lhV1SNl 'XNV1 dO 11011081V X08-r HONI PC 01NI 13NI8VO dVM WOH3 11fONOO HONI OML 11V1SNI lIfONOO HONI dOON3 HOV3 NO XO8-r..9 x..Z L x2 L V 11V1SNI dOl NNV101 NNV13O 3SV8 NOW 031110H lJfONOO 1V13W HONI 3AId 11VISNI xoe-r .S ox.L x.L a3OOVl ONIIIVH AVMN1VM JO 30191110 01 03LVf1OW S3118013SSV VNN31NV/OIOVH dYM MNVL II31VM lniN1SI4 N31VM NHflBfly (;uawdlnb3 uol;eolunwwo0 pue seslweid ;o uol;eool) iosuaoll ` uangny;o 40 eqj pue `eesueor "oul `woou;a1N uaan+gaq pue Aq `L661 pa;ep ;ueweaify ulepao ;eq; o; (E Jo t abed) 81I8IHX3 EXHIBIT B (page 2 of 3) RICOCHET WAP RADIO MOUNTED ON WATER TANK RAILING RAILING • 1/" RADIO/ANTENNA GALVANIZED BRACKET RADIO f MOUNTING —� BRACKET ty • ANTENNA COVER PAINTED TO MATCH MOUNTING SURFACE COLOR iV RADIO • •c N WALKWAY RAILING SUPPORT rG U-BOLTS FASTEN J- BOX BOX TO OUTSIDE OF RAILING SUPPORT TANK TOP ETHERNET CONNECTOR FLEX-CONDUIT CARRYING 1 ETHERNET CABLE TO RADIO J-BOXFASTENED TO RAILING SUPPORT 1.25 INCH CONDUIT FROM ADJACENT J-BOXES TOMO FLANS ARE-AP'PT1QVEr FOR icONFOR3UA9.C.f-- ':nt ME CITY OF AUBURN EN 43111.2Ei a, v i ., .5 REQUIREMENTS Approved Dote Approval. , Y e, Licensors Initials Licensee's Initials E lshare\telecomWntenae.doc 10 Rev:04/02/97 • EXHIBIT B (page 3 of 3) ONE WATT OUTPUT DIRECTIONAL POWER ANTENNA VINYL COVERED METAL FLEX CONDUIT • ATTACHED TO RADIO CASE AND METAL J-BOX �o I METAL is RADIO1 ETHER- n J-BOX M N - 1� RADIO CASE 01 ' STEEL OUTDOOR WAP CABINET ETHERNET CABLE 1 SHIELD BONDED TO CABINET SHIELDED ETHERNET 120VAC 'l// CABLE FROM RADIO MS• CONNECTOR TO EPDU TO --o INSIDE WAP CABINET 24DC • POWER METAL CONDUIT SUPPLY ATTACHED TO METAL• A—CABINET AND METAL J- .. .. LINE UPS — BOX SIGNAL TO NEUTRAL- COMMUNICATIONS METRICOM OUTDOOR ELECTRONICS GROUND r WAP CABINET AND RADIO GROUNDING SCHEME MOON Tags ARE-Anwar FOR COPWORM NCE WITH THE CITY OF AUYU-J y 0101;?;;iciKlt;,i.. LZVISION'S REQUIREMEI TS Approved py: ielj% !l►._. Licensor's Initials oat. Approved: — al Licensee's Initials Licensee may replace the attached drawings of the location of the Premises and Communication Equipment with as-built drawings depicting same. Such replacement drawings shall be deemed a part of this Agreement and be binding on Licensee and Licensor E.\share\telecom1A.ntenae.doc 11 Rev:04/02/97 “ To Robin Wohlhueter @Finance @Admin Cc Bcc From Caroline Bergt @Engineer @Admin Subject Res 2836 Date Wednesday, April 9 , 1997 8 41 13 PDT Attach Certify N Forwarded by Please send me a copy of the lease with Metricom when it is executed Thanks IS�� 1 k