HomeMy WebLinkAboutSeattle SMSA Limited Partnership d/b/a Verizon WirelessA 3- 1(o-f2
AGREEMENT FOR TEMPORARY INSTALLATION OF A COMMUNICATIONS FACILITY
ON CITY OF AUBURN PROPERTY
This Agreement made this 23'4 day of 0�7,� , 2014, between City of Auburn. a
municipal corporation of the State of Washington, having a mailing address of 25 West Main,
Auburn, WA 98001, hereinafter referred to as "Licensor," and Seattle SMSA Limited Partnership
d/b /a Verizon Wireless, with an address of One Verizon Way, Mail Stop 4AW100, Basking
Ridge, New Jersey 07920 (telephone number 866 - 862 - 4404), hereinafter referred to as "Licensee"
1 Licensor does hereby grant unto Licensee permission to temporarily use an
estimated 25' x 30' space on the Licensor's parcel located at 27 D Street SE, Auburn WA 98001,
which parcel is hereinafter referred to as the "Property", which is described more fully on Exhibit A
attached hereto and made a part hereof, together with the right to place upon the Property a
communications facility ( "Facility," or "COW "). The Licensor also grants unto the Licensee the
non - exclusive right -of -way for ingress and egress by appointment due to sensitive nature of
facilities, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including
trucks. Further, the Licensee shall have the right to install and maintain upon Licensor approval as
required by City of Auburn building codes and inspection, conduits, pipes, cables and wires to its
Facility within the Property as necessary to supply utility service and power to the Facility or as
otherwise needed to service the Facility as reasonably determined by Licensee.
2. The term of this Agreement shall be temporary for the purposes of providing "public
safety voice and data coverage" and shall be effective on the first (1 st) day of the month following
the execution of this Agreement by all parties (the "Commencement Date "), and shall be for a term
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City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
of five (5) months. The Agreement shall automatically renew for additional five (5) month terms,
unless either party, gives written notice to the other of an intent that the Agreement not be renewed
at least thirty (30) days prior to the expiration of the current five (5) month term.
3 Either party may terminate this Agreement on thirty (30) days written notice to the
other party on an intent to terminate the agreement, and upon such termination (thirty [30] days
after notice to the other party), the Licensee will remove all of its equipment and improvements and
restore the Licensor's Property to its original condition.
4 Licensee shall defend, indemnify and hold the Licensor harmless against any claim
of liability or loss from personal injury or property damage related to the Licensee's use of the
Facilities resulting from or arising out of the negligence or willful misconduct of the Licensee, its
employees, contractors or agents, except to the extent such claims or damages may be due to or
caused by the sole negligence or willful misconduct of the Licensor, or its employees, contractors or
agents.
5 Licensee shall maintain at its own expense during the term of this Agreement,
commercial general liability insurance with a combined single limit of $1,000,000.00 for bodily
injury and property damage. The Licensor shall be named as an insured on Licensee's Commercial
General Liability insurance policy using a form acceptable to the City The Licensee shall provide a
certificate of insurance to the Licensor as proof of said coverage which shall contain a provision for
thirty (30) days notice of cancellation to the Licensor
6. Licensor covenants that Licensee, as set forth herein and performing the covenants
set forth herein, shall peacefully and quietly have, hold and enjoy the Property. Further, Licensor
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City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
covenants that Licensor is seized of good and sufficient title and interest to the Property and has full
authority to enter into this Agreement.
7 This Agreement may be assigned or transferred by Licensee to Licensee's principal,
affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of
Licensee's assets the market defined by the Federal Communications Commission in which the
Property is located by reason of a merger, acquisition or other business reorganization, without the
consent of the Licensor As to any other parties, any assignment or transfer must be with the written
consent of the Licensor, which consent will not be unreasonably withheld.
8. All notices hereunder must be in writing and shall be sent certified mail, return
receipt requested, to:
If to Licensor, to:
Innovation & Technology Dept.
25 West Main St.
Auburn, WA 98092
If to Licensee, to
Seattle SMSA Limited Partnership
d/b /a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention. Network Real Estate
With a copy to.
City Attorney
City of Auburn
25 West Main St.
Auburn, WA 98001
9 This Agreement may be executed in duplicate counterparts, each of which shall be
deemed an original.
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City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals
the day and year first above written.
LICENSOR. City of Auburn
LICENSEE. Seattle SMSA Limited Partnership
d/b /a Verizon Wireless
By Cellco Partnership, Its General Partner
in
Date:
Page 4
Brian Mecum
Area Vice President Network
City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
LICENSOR ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss.
On this 2? nday of CLJj-A-) 201x, before
me, a Notary Public in and for the State of Washington, personally appeared
UAA/Gy , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this instrument on behalf of the City of
Auburn, Washington, on oath stated that he /she was authorized to execute the instrument, and
acknowledged it as the to be the free and voluntary act and deed of said party for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand
and official seal the day and year first above written.
�/� `r 1,�
NOTARY the State of �ti;W
residing at �am'- (,aJ %i�
My appointment exp /fires lQ' zS/ O/ -S � pASKgM h�
Print Name �+vM G��-C- 2.r,,CU
LICENSEE NOTARY
STATE OF CALIFORNIA
COUNTY OF ORANGE
o s 20
ggll+sTq `E`oF`,,,
On before me, a Notary Public, personally
appeared Brian Mecum who proved to me on the basis of satisfactory evidence to he the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
Page 5
City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
Exhibit A
Description
Parcel Number- 733140 -0460
Owner Name: AUBURN CITY OF
Site Address: 340 EAST MAIN STREET, AUBURN, WA 98002 (City of
Auburn Justice Center)
Legal Description: TRACTS 27 THRU 30 & TRACT 32 OF RNER VIEW
ADDITION TO AUBURN, LESS THAT PORTION OF
TRACT 27 CONVEYED FOR STREET PURPOSES BY
DEED RECORDED UNDER KING COUNTY
RECORDING NUMBER 7802070893, AND LESS THAT
PORTION OF TRACTS 30 & 32 LOCATED WITHIN THE
ALLEY ADJACENT THERETO
Page 6
City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
AGREEMENT FOR TEMPORARY INSTALLATION OF A COMMUNICATIONS FACILITY
ON CITY OF AUBURN PROPERTY
�1
This Agreement made this � day of OMV1 zc , 2014, between City of Auburn, a
municipal corporation of the State of Washington, having a mailing address of 25 West Main,
Auburn, WA 98001, hereinafter referred to as "Licensor," and Seattle SMSA Limited Partnership
d/b /a Verizon Wireless, with an address of One Verizon Way, Mail Stop 4AW100, Basking
Ridge, New Jersey 07920 (telephone number 866 - 862 - 4404), hereinafter referred to as "Licensee"
Licensor does hereby grant unto Licensee permission to temporarily use an
estimated 25' x 30' space on the Licensor's parcel located at 27 D Street SE, Auburn WA 98001,
which parcel is hereinafter referred to as the "Property ", which is described more fully on Exhibit A
attached hereto and made a part hereof, together with the right to place upon the Property a
cotmmunications facility ( "Facility," or "COW "). The Licensor also grants unto the Licensee the
non- exclusive right -of -way for ingress and egress by appointment due to sensitive nature of
facilities, seven (7) days a week, twenty -four (24) hours a day, on foot or motor vehicle, including
trucks. Further, the Licensee shall have the right to install and maintain upon Licensor approval as
required by City of Auburn building codes and inspection, conduits, pipes, cables and wires to its
Facility within the Property as necessary to supply utility service and power to the Facility or as
otherwise needed to service the Facility as reasonably determined by Licensee.
2. The term of this Agreement shall be temporary for the purposes of providing "public
safety voice and data coverage" and shall be effective on the first (I st) day of the month following
the execution of this Agreement by all parties (the "Commencement Date "), and shall be for a term
Page 1
City of Aubum/ Verizon Temporary Cell on wheels Agreement 10 -22 -14
D \4T 25089247v1 0052051 - 000032
of five (5) months. The Agreement shall automatically renew for additional five (5) month terns,
unless either party, gives written notice to the other of an intent that the Agreement not be renewed
at least thirty (30) days pnor to the expiration of the current five (5) month ten-n.
3 Either party may terminate this A&Teement on thirty (30) days written notice to the
other party on an intent to terminate the agreement, and upon such termination (thirty [30] days
after notice to the other party), the Licensee will remove all of its equipment and improvements and
restore the Licensor's Property to its original condition.
4 Licensee shall defend, indemnify and hold the Licensor harmless against any claim
of liability or loss from personal injury or property damage related to the Licensee's use of the
Facilities resulting from or arising out of the negligence or willful misconduct of the Licensee, its
employees, contractors or agents, except to the extent such claims or damages may be due to or
caused by the sole negligence or willful misconduct of the Licensor, or its employees, contractors or
agents.
5 Licensee shall maintain at its own expense during the term of this Agreement,
commercial general liability insurance with a combined single limit of $1,000,000.00 for bodily
injury and property damage. The Licensor shall be named as an insured on Licensee's Commercial
General Liability insurance policy using a form acceptable to the City The Licensee shall provide a
certificate of insurance to the Licensor as proof of said coverage which shall contain a provision for
thirty (30) days notice of cancellation to the Licensor
6. Licensor covenants that Licensee, as set forth herein and perforning the covenants
set forth herein, shall peacefully and quietly have, hold and enjoy the Property Further, Licensor
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City of Aubum/ Verizon "Temporary Cell on Wheels Agreement 10 -22 -14
DWI'25089247vI 0052051- 000032
covenants that Licensor is seized of good and sufficient title and interest to the Property and has full
authority to enter into this Agreement.
7 This Agreement may be assigned or transferred by Licensee to Licensee's principal,
affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of
Licensee's assets the market defined by the Federal Communications Commission in which the
Property is located by reason of a merger, acquisition or other business reorganization, without the
consent of the Licensor As to any other parties, any assignment or transfer must be with the written
consent of the Licensor, which consent will not be unreasonably withheld.
S. All notices hereunder must be in writing and shall be sent certified mail, return
receipt requested, to
If to Licensor, to:
Innovation & Technology Dept.
25 West Main St.
Auburn, WA 98092
If to Licensee, to
Seattle SMSA Limited Partnership
d/b /a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention. Network Real Estate
With a copy to.
City Attorney
City of Auburn
25 West Main St.
Auburn, WA 98001
9 This Agreement may be cxccuted in duplicate counterparts, each of which shall be
deemed an original.
Page 3
City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
DWI' 25089247x1 0052051- 000032
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals
the day and year first above written.
LICENSOR. City of Auburn
By_
Name:
Title:
Date:
LICENSEE. Seattle SMSA Limited Partnership
d/b /a Verizon Wireless
By Cellco Partnership, Its General Partner
BY- ,e-�
Brian Mecutn
Area Vice Presi ent Network
Date: e - y
Page 4
City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
D W T 25089247v 1 0052051- 000032
LICENSOR ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of , 201_, before
me, a Notary Public in and for the State of Washington, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this instrument on behalf of the City of
Auburn, Washington, on oath stated that he /she was authorized to execute the instrument, and
acknowledged it as the to be the free and voluntary act and deed of said party for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand
and official seal the clay and year first above written.
residing at
NOTARY PUBLIC in and for the State of ,
My appointment expires
Print Name
LICENSEE NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On UC1D17H2 ti dV before me, �t MMA �& Ri2 UL-M . a Notary Public, personally
appeared Brian Mecum who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. susANA eAaauEro
Commission # 2019519
Notary Public - California i
Signature of Notary Public ( z orznge County
My Comm. Expires Apr 13, 2017
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City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
D \VT 25089247v1 0052051- 000032
Place Notary Seal Above
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City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
D1VT 250R9247v1 0052051 - 000032
Exhibit A
Description
Parcel Number- 733140-0460
Owner Name: AUBURN CITY OF
Site Address: 340 EAST MAIN STREET, AUBURN, WA 98002 (City of
Auburn Justice Center)
Legal Description. TRACTS 27 THRU 30 & TRACT 32 OF RIVER VIEW
ADDITION TO AUBURN, LESS THAT PORTION OF
TRACT 27 CONVEYED FOR STREET PURPOSES BY
DEED RECORDED UNDER KING COUNTY
RECORDING NUMBER 7802070893, AND LESS THAT
PORTION OF TRACTS 30 & 32 LOCATED WITHIN THE
ALLEY ADJACENT THERETO
Page 7
City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
D \vvr 25089247%1 0052051 - 000032
Page 8
City of Auburn/ Verizon Temporary Cell on Wheels Agreement 10 -22 -14
n WT 25089247v 1 005205 1 -000032
f
Site Name: SEA AUBURN
FIRST AMENDMENT
TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT ("Amendment') is made this R Nay
of fttynjst- , 201,5— , by and between City of Auburn, a municipal
corporatioiYof the State of Washington, ("Licensor") and Seattle SMSA Limited Partnership
d/b/a Verizon Wireless ("Licensee").
RECITALS
A. This Amendment pertains to that certain Agreement for Temporary Installation of
A Communications Facility On City of Auburn Property, dated October 24, 2014, together with
all exhibits, amendments and addenda thereto (collectively, the "Agreement') for the license to
use a parcel of the property(the "Property") located at 340 East Main Street, Auburn, County of
King, State of Washington, on property described as set forth on Exhibit"A"to the Agreement.
B. The parties desire to amend the Agreement to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein
contained, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, it is hereby agreed as follows:
AGREEMENT
1. Recitals. The foregoing recitals are incorporated herewith as if fully set forth
herein.
2. Term. Section 2 of the Agreement is hereby amended to provide that the
Agreement shall be further extended for five (5) months from August 24, 2015 through January
23, 2016 (the "Additional Extension Term"), and shall automatically renew for additional five
(5) month term, unless either party gives written notice to the other of an intent that the
Agreement not be renewed at least thirty(30) days prior to the expiration of the current five (5)
month term.
3. Full Force and Effect. Except as expressly amended herein the Agreement is
unmodified and remains in full force and effect. In the event of a conflict between the terms of
the Agreement and this Amendment, the terms of this Amendment shall be controlling. In
addition, except as otherwise stated in this Amendment, all initially capitalized terms will have
1
SEA AUBURN
7/29/2015
DWT 27478974v 10052051-000032
the same respective defined meaning stated in the Agreement. All captions are for reference
purposes only and shall not be used in the construction or interpretation of this Amendment.
LICENSOR: City of Auburn, a municipal corporation of the State of Washington
By:
Name:
Title:
Date:
LICENSEE: Seattle SMSA Limited Partnership d/b/a Verizon Wireless
By Cellco Partnership, its General Partner
By: �7cjz e _
James A. Wales
Executive Director-Network
Date:
2
SEA AUBURN
7/29/2015
DWT 27478974v1 0052051-000032
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this �- ` day of t� •`ti , 201 , before me, a Notary Public in and for
the State of Washington, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
who executed this instrument, on oath stated that He/She was authorized to execute the
instrument, and acknowledged it as the of
City of Auburn, a municipal corporation of the State of Washington, to be the free and voluntary
act and deed of said party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
Ali
'Z-
CD NOTARY PUBLIC in and for the State of WA,
P"31b f�` residing at
My appointment expires T�-y Q
Print Name
ST E OF WASHINGTON )
) ss.
COUNTY K ING )
On this ay of , 201_, before me, a Notary Public in and for
the State of Washington, rsonally appeared James A. Wales, personally known to me (or
proved to me on the basis of s 'sfactory evidence) to be the person who executed this
instrument, on oath stated that he s authorized to execute the instrument, and acknowledged it
as the Executive Director- Network o eattle SMSA Limited Partnership d/b/a Verizon
Wireless, By Cel lco Partnership, Its Gener artner, to be the free and voluntary act and deed of
said party for the uses and purposes mentione i the instrument.
IN WITNESS WHEREOF, I have hereunto set hand and official seal the day and year
first above writtE-I,
NOTARY PUBLIC in and for the State of WA,
residing at
My appointment expires
Print Name
3
SEA AUBURN
7/29/2015
DWT 27478974\•l Ui >20>1-000032
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 0day of , 201-5,7before me, a Notary Public in and for
the State of Washington, personall ppeared James A. Wales, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it
as the Executive Director -Network of Seattle SMSA Limited Partnership d/b/a Verizon
Wireless, By Cellco Partnership, Its General Partner, to be the free and voluntary act and deed of
said party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
SHIRLEY A.VAIdG�RI
NOTARY PUBLIC n
STATE OF WASHINGTON
COMMISSION EXPIRES NOTARY PUBLI and for the State WA,
SEPTEMBER 29,2019
residing at LOW (on
My appointment expires 0 ( o U
Print Name ('( Pf Vanneh
DWT 26400895v1 0052051-000032
i
Ae
s _ ..' i' � s �{ .