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Home My WebLink AboutLeaseDocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 LAG-24-001 WIRELESS COMMUNICATION FACILITIES SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("Lease", "Agreement", or "Lease Agreement") is made as of this 24th day of April, 2024, (the "Effective Date") by and between the City of Renton, a Washington municipal corporation (the "City"), and Seattle SMSA Limited Partnership d/b/a Verizon Wireless, having an office at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). The City and Lessee are sometimes referred to collectively in this Agreement as the "Parties." Renton's Facilities Division ("Facilities") is the custodian of the property. RECITALS WHEREAS, the City supports increased availability and improved communications services for its citizens and businesses; and WHEREAS, the City's primary responsibility is to provide municipal services to its citizens and businesses and to lease City facilities to private communication companies if such lease will not interfere with the delivery of those municipal services; and WHEREAS, opportunities for the City to lease City property should be marketed to accomplish the greatest exposure and to achieve the best value for the City and its residents; and WHEREAS, City-owned property must be leased at no less than fair market value; and WHEREAS, the City owns certain improved real property and facilities including, but not limited to, water reservoirs, pump station, emergency power generator and related appurtenances located at 3410 NE 12 th St, Renton, Washington, commonly referred to as the SEA HONEYDEW /Highlands Reservoir site, which is legally described in Exhibit A, attached and fully incorporated by reference into this Lease ("Property"); and WHEREAS, the Lessee is engaged in the operation of communications and desires to lease from the City, and the City is willing to lease that portion of the Property which is marked as "Lessee's Equipment Facility Area" described in Exhibit B, attached and fully incorporated by reference into this Lease; and TERMS OF NON-EXCLUSIVE LEASE NOW THEREFORE, for valuable consideration the sufficiency of which is acknowledged and in consideration of the terms, conditions, covenants and performances contained in this Lease, the Parties mutually agree to incorporate the above-noted Recitals and agree as follows: 1. The City Represents the Following: LAG-24-001 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 1 of40 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 A.It owns the Property and Lessee's Equipment Facility Area and all appurtenances to the Property and Equipment Facility Area not owned by other Lessees; B.It is fully authorized to enter into this Lease; and C.The individual executing this Lease on behalf of the City is authorized to bind the City to the provisions of this Lease. 2.Areas Leased/ Equipment Facility Area: A.The City leases to Lessee at Lessee's sole responsibility and expense, a non exclusive portion of the Property, identified in this Lease as Lessee's Equipment Facility Area, (Exhibit B), together with non-exclusive access rights to the City's conduits if the conduits are available as determined solely by the City, as further described in Exhibit C, attached and fully incorporated by reference into this Lease, and access rights to and from Lessee's Equipment Facility Area through the Property to the public right-of-way, sufficient for Lessee's use of Lessee's Equipment Facility Area, as outlined in Paragraph 3 of this Lease. Any changes to the location of Lessee's access right (described in Exhibit C) are subject to the City's approval. B.Lessee has examined the Property and accepts Lessee's Equipment Facility Area and surrounding Property "as is," in its present condition as part of the consideration of this Lease. 3.Permitted Use: 4. The Lessee may use Lessee's Equipment Facility Area only for the installation, operation, maintenance, replacement. modification. upgrade and removal at Lessee's sole responsibility and expense, of Lessee's un-staffed antenna site equipment, to be referred to as "Lessee's Site Equipment." The Site Equipment on the Property shall comprise only those items described on Exhibit D, attached and fully incorporated by reference into this Lease. The definition of what is included as Lessee's Site Equipment in Exhibit D may only be modified by written agreement of the Parties. Lessee shall not use the Property for any other purpose without the City's prior written consent, which the City may withhold for any reason at the City's sole discretion. Effective Date: All references in this Lease to the "Effective Date," "Acceptance Date", "the date hereof," or similar references shall be deemed to refer to the date on which the City has executed and acknowledged this Lease, as shown on the first page of this Lease. 5.Term: This Lease shall commence on February 1, 2023 ("Commencement Date"), and shall expire five (5) years from such date on January 31, 2028 ("Initial Term"); provided that this Lease may be extended for up to two (2) additional terms of five (5) years each {"Renewal Term"). Such extension shall be by written agreement and addendum to this Lease. Termination provisions are provided in Paragraph 38. Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 2 of40 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD 6. City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 Initial Staff Time; Rent; Subsequent Adjustments; Holdover Rent & Charges for Late Payment: A.Initial Staff Time: Lessee shall pay a one-time fee in the amount of Seven Thousand-Five Hundred Dollars ($7,SOO)within thirty {30) days following the Effective Date for initial staff time in preparing this Agreement. This fee shall be delivered or mailed to the address in Paragraph 6.C below. Lessee may incur additional fees, the amount to be determined by the City, if Lessee requests significant revisions to Lessee's Equipment Facility Area and/or additional area within the Property. B.At the City's discretion, a licensed engineer of the City's choice shall review, inspect, and approve the original installation and any future modifications and additions to the Site Equipment. Lessee shall bear the reasonable cost of such approval and inspection. C.Monthly Rents: 1.Monthly Rent is the amounts as defined in Paragraph 6.D below, plus Washington Leasehold Excise Tax. Lessee is responsible to pay the Leasehold Excise Tax either directly to the State and to provide proof of such payment to the City as set forth in Paragraph 7 below or to pay the Leasehold Excise Tax directly to City. 2.Rent payments shall reference, "LAG-24-001 -Highlands Reservoir Wireless Communications Lease," and shall be delivered electronically as approved by the City of Renton Finance Department or mailed to: City of Renton Finance Department 1055 South Grady Way Renton, Washington 98057 3.Rent for any partial month at the beginning or end of the term of this Lease shall be prorated. D.Rents Due: 1.Commencing February 1, 2023, Monthly Rent for the calendar year 2023 shall be Two Thousand Eight Hundred and No/100 Dollars {$2,800.00) each month invoiced monthly by the City, plus Washington Leasehold Excise Tax, if applicable. 2.The Monthly Rent amount shall increase three percent {3%) per year commencing February 1, 2023, and for each year thereafter. E.The City retains the right to identify additional charges/rent in a proportional amount, for any additional requests by Lessee for lease space outside Lessee's Equipment Facility Area. The City may, in its sole discretion, deny such a request for any reason. F.Receipt of any Rent by the City, with knowledge of any breach of this Lease by Lessee, or of any default on the part of Lessee in the observance or performance of any 3 of40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 of the conditions or covenants of this Lease shall not be deemed a waiver of any provision of this Lease. G.If after the end of the Initial Term or any Renewal Term, as the case may be, Lessee continues to use the Property without entering into a new lease with the City, and/or the City has not provided written notice to Lessee that the Lease will not be renewed, the Lessee shall become a Tenant on a month-to-month basis on the same terms and conditions of this Lease, and pay monthly Rent equivalent to the Monthly Rent at the time the Term ends including the annual three percent (3%) increase in Paragraph 6.D.2 above H.If any sums payable to the City under this Lease are not received by the City on or before the fifth (5th) day following its due date, the Lessee agrees to pay a late fee of Two Hundred Dollars ($200) which shall be due and payable with the Rent payment. There shall be a Twenty-five Dollars ($25) fee assessed to the Lessee if a bank or other financial institution returns a check to the City with the indication that the check cannot be honored or indicates insufficient funds for electronic payment of Rent. The City and Lessee agree that such charges represent a fair and reasonable estimate of the costs incurred by the City by reason of late payments and uncollectible checks, and the failure by the Lessee to pay any such charges by no later than thirty (30) calendar days after Lessee's receipt of written demand for payment by the City together with reasonable supporting documentation evidencing such charges shall be a default under this Lease. The City's acceptance of less than the full amount of any payment due from the Lessee shall not be deemed an accord and satisfaction, waiver, or compromise of such payment unless specifically agreed to in writing by the City. 7.Taxes. Assessments & Utilities: The Lessee agrees to pay all taxes and assessments which are the result of Lessee's use of the Property and/or which may become a lien on the interest of Lessee in accordance with RCW 79.44.010 (Lands subject to local assessments), as it exists or may be amended. Lessee shall pay all taxes, including but not limited to leasehold excise taxes, which may be levied or imposed upon the interest of Lessee or by reason of this Lease, unless exempt under RCW 82.29A.130 (Exemptions -Certain property), as it exists or may be amended, which copy of such exemption required to be attached to this Lease as Exhibit E, or if such amount is paid directly to the State of Washington. Within thirty (30) calendar days of Lessee's receipt of the City's written request, Lessee shall provide to the City evidence of Lessee's payment of the Washington Leasehold Excise Tax in which Lessee has paid directly to the State of Washington. Lessee is responsible for and agrees to pay for utilities that serve Lessee's Equipment Facility Area at the rate charged by the servicing utility company. 8.Permits: Prior to performing any upgrades or construction work within the Property, Lessee shall secure all necessary federal, state and/or local licenses, proof of agency and permits for the construction and operation of the antenna and associated equipment (collectively referred to hereinafter as "Government Approvals") at its sole expense. The City authorizes Lessee to make any and all applications and/or submissions necessary to 4of40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD 9. 10. City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 obtain all Government Approvals from all applicable governmental and/or regulatory entities required for construction or operation of the Site Equipment within Lessee's Equipment Facility Area. To the extent authorized by law, the City agrees to cooperate with Lessee, at no cost to the City other than administrative costs, in the submission and/or processing of any such applications. Non-Interference to Property: A.Multiple Occupants (City, lessees, tenants or equivalents) (each an "Occupant") use this Equipment Facility Area, Property adjacent right-of-way and access areas. The City desires that all Occupants will work together and not cause unreasonable interference with the other Occupants' uses. Lessee shall not use Lessee's Equipment Facility Area, Property, adjacent right-of-way, or access areas in any way that materially interferes with any use of the Property for City purposes or other Occupants, lessees, tenants or equivalents. B.The City will require other Occupants outside of the historical uses of the Property to provide the same assurances against interference with any Occupants' outside the historical uses of the Property, and will work to eliminate or mitigate unreasonable interference with the operations of Lessee caused by other Occupants. Radio Frequency Interference Study (If Applicable): A.If necessary for existing wireless facilities and future wireless facilities -Lessee, at Lessee's sole responsibility and expense, shall perform all necessary tests or studies, including, but not limited to, radio frequency test(s) to determine the suitability of Lessee's Equipment Facility Area for its intended use. Lessee shall, in a timely manner, provide the City with a complete and accurate copy of any and all such tests or studies. B.If necessary for existing wireless facilities and future wireless facilities -as part of the permitting process along with studies and required permitting and prior to the installation of Site Equipment, Lessee, at Lessee's sole responsibility, shall conduct an interference study. Pre-existing Lessee(s) with communication uses currently located on the Property shall review the results of this study. If as a result of the interference study it is determined that operation of Lessee's Site Equipment would significantly interfere with the operation and use of any other authorized communications facilities on the Site, operated by the City, other pre-existing authorized communications facilities, or other pre-existing Lessee(s), the Lessee or the City may terminate the Lease upon thirty (30) calendar days' notice to the other party and neither party shall have any further obligations or responsibilities under the Lease, except for removal of Lessee's Site Equipment and return of Lessee's Equipment Facility Area to its condition prior to installation of Lessee's Site Equipment. C.If after Lessee initiates operation of its Site Equipment, the City has reason to believe that Lessee's operation of its Site Equipment has caused or is causing any electrical, electromagnetic, radio frequency, or other interference with the operation and use of any other authorized communications facilities on the Property, whether operated 5 of40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 by the City, Lessee, or another pre-existing Lessee with rights prior in time to Lessee, Lessee shall promptly commence curative measures until the interference has been corrected to the reasonable satisfaction of the owner of the facilities sustaining interference. If such interference has not been corrected within sixty (60) calendar days of Lessee's receipt of the initial notice from the City, during the sixty (60) days the City may allow the Lessee to power down the equipment causing the interference (except for intermittent testing) until such interference is remedied. If Lessee is unable to remedy such interference within such sixty (60) day period, Lessee or the City may terminate the Lease upon thirty (30) calendar days' notice to the City and Lessee shall not have any further obligations or responsibilities under the Lease except removal of Lessee's Site Equipment and return of Lessee's Equipment Facility Area to its condition prior to installation of Lessee's Site Equipment. D.Lessee shall not affix or mount any antennas, devices, equipment or related material, in any manner or in any location which would cause degradation in the operation or use of communications systems at the Property which serve the City or other public users. This would include but not be limited to impacting the received or transmitted signal strength or patterns of any systems at the site serving the needs of the City. If at any time the operation of Lessee's Site Equipment interferes with the reception or transmission of public safety communications, following receipt of written notice of such interference, Lessee shall cease operation of the site (except for intermittent testing) until such time as the interference is corrected. In the event the interference cannot be corrected within thirty (30) days following receipt of such notice, party may terminate the Lease upon thirty (30) calendar days' notice to the other party and neither party shall have any further obligations or responsibilities under the Lease. Lessee's Site Equipment shall include an emergency override switch for use by the City that would turn off the broadcasting system in case of a public safety emergency. E.In the event the operation or use of communications systems at the Property which serve the City or other public users causes interference with Lessee's equipment, City agrees to reasonably cooperate with Lessee to reduce such interference. If such interference cannot be reduced to Lessee's satisfaction, Lessee may terminate this Lease immediately upon written notice to City and Lessee shall not have any further obligations or responsibilities under the Lease. 11.Access and Security for an Equipment Facility Area on Property: A.Lessee is hereby granted a limited and non-exclusive license to enter the Property for maintenance, operation and/or repair of Lessee's Equipment Facility at the locations indicated on the access plan, described in Exhibit C, or as further modified to provide an alternative access method to be approved by the City, which approval may be withheld for any reason. B.Lessee shall make its best effort to maintain, repair, or replace Lessee's ground equipment during Normal Business Hours (8:00 a.m. to 4:30 p.m.). Lessee shall notify the City's representative or designee prior to accessing the Property. Facilities may be reached at (425) 430-6605 during Normal Business Hours. Access to Lessee's equipment Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 6 of40 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 on Property will require forty-eight (48) hours prior notice to the City for the maintenance, repair or replacement of said equipment. Access to Property shall be limited to Normal Business Hours and work shall be done in a manner that will not interfere with the City's primary use of the Property. Should Lessee determine, outside of Normal Business Hours, that emergency access is needed to either the ground equipment or to the equipment on Property, Lessee shall notify the City by contacting the Renton Police Department at 911 who will refer the caller to the City Facilities' on-call staff. Lessee shall reimburse Facilities for costs incurred for the on-call time to respond to an after-hours access request. C.The City shall, upon request of Lessee, provide a list of emergency telephone numbers known to the City of the other lessees of the Property. D.In the event of a public safety emergency at the Property, the City shall have the right to turn off the Lessee's equipment without prior notification. The Lessee shall ensure that any switches for turning off the Lessee's equipment are properly labeled, include an emergency contact phone number, and are readily accessible to the City. The City will endeavor to notify the Lessee as soon as possible of any emergency that requires the City to turn off Lessee's equipment. E.In the event of any emergency in which any of Lessee's telecommunications facilities located in, above, or under any public way or City-owned property breaks, are damaged, or if Lessee's construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of or any individual, Lessee shall immediately take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals without first applying for and obtaining any permit as required by this Lease. However, this shall not relieve Lessee from the requirement of immediately notifying the City by telephone upon learning of the emergency and obtaining any permits necessary after the emergency work. Lessee shall apply for all required permits not later than the second succeeding day during which the Renton City Hall is open for business. F.In the event of a public emergency, such as, but not limited to, road failure, evacuation, natural disasters, hazardous substance spills, and fatal accidents during public use at the Property, Lessee's access may, at the City's reasonable discretion, be temporarily limited or restricted; provided, that any temporary limitation or restriction in Lessee's access shall be restored as soon as the circumstances shall allow, as determined by the City. G.For the security of the Property, at the City's discretion, Lessee may be responsible to provide separate security fencing and gate to Lessee's Equipment Facility Area. Lessee will provide the City's designated Facilities staff with two (2) keys for emergency access to Lessee's Equipment Facility Area. The City may at any time during the Term of this Lease determine that additional security measures are needed at the Property. Lessee shall reimburse the City for the City's costs in implementing revised security measures, to the extent that additional costs are incurred due to the presence of Lessee's equipment. The City also retains the right to revise access procedures during the Term of this Lease. Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 7 of40 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 Lessee shall comply with revised access requirements so long as access is maintained according to provisions of the Lease. 12.Utilities & Services: 13. A.Anytime, with twenty-four (24) hours written notice to the City, Lessee or its surveyor or contractor may, at Lessee's sole expense, enter upon and survey Lessee's Equipment Facility Area and the City's abutting and surrounding property to take measurements, make calculations, review any and all existing easements, property restrictions, if any, and note all other information relevant to Lessee's assessment of the suitability of Lessee's Equipment Facility Area for its purposes. Said access shall be within Normal Business Hours. B.The City shall not furnish Lessee with electrical service for Lessee's Equipment Facility Area. Lessee has or may install, at its sole cost and expense, an electrical meter and run such utility lines as may be reasonably necessary to provide electrical service to Lessee's Equipment Facility Area, in a location acceptable to the City, as described in Exhibit C. The provision of such electrical lines and service shall not materially interfere with the City's normal use of the Property. The City will not encumber its property for the benefit of the Lessee to provide these services. C.The City shall not be liable for any damages to any person or property, nor shall Lessee be relieved from any of its obligations under this Lease, as a direct or indirect result of temporary interruption in the electrical power provided to Lessee's Equipment Facility Area where such interruption is caused by acts of nature or other acts beyond the City's control. Under no circumstances shall the City be liable for indirect or consequential damages resulting from such an interruption. D.The City shall not be responsible for providing Lessee with any information relating to encumbrances on the Property, including, but not limited to setbacks, utilities or easements of any nature. E.Lessee may, if feasible and at its sole expense, install a backup generator in a location acceptable to the City, in order to provide electrical service to Lessee's Equipment Facility Area during emergency situations where electrical power is not otherwise available. Any back-up generator must be so designed and operated as to not exceed local noise level standards of the applicable City of Renton ordinance or other applicable laws. Back-up generator and associated infrastructure shall be identified in Lessee's plans and included as part of the initial design review. Compliance with Laws: A.Lessee shall, at all times and at its sole responsibility and expense, comply with all applicable statutes and ordinances, orders, guidelines, policies, directives, rules and regulations of municipal, county, state and federal governmental authorities or regulatory agencies ("Laws") relating to the construction, operation and/or maintenance of Lessee's Equipment Facility Area and adjacent Antenna, including FCC regulations for compliance with limits on human exposure to radio frequency (RF) emissions. Lessee shall defend, 8of40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 indemnify and hold harmless the City and its employees and agents against any claims arising from any violations by Lessee, its agents or employees, of any such Laws. The indemnity provision of this paragraph shall survive the termination or expiration of this Lease. B.Lessee shall not use Lessee's Equipment Facility Area for any illegal purposes or violate any applicable Laws, nor create or allow any nuisance or hazardous materials, nor trespass or do any act on the Property that would increase the insurance rates, nor deface, damage or overload the Property's structural components. 14.Advertising Devices, Signs & Lighting: 15. A.Lessee shall not place any advertising devices on or about the Property. B.Lessee shall post and maintain on Lessee's Equipment Facility Area appurtenant thereto a sign no larger than eighteen inches {1811 ) square giving an emergency telephone number. No other signs are permitted on or about the Property. Excluded from this restriction are signs required by the FCC. At no time shall Lessee post any sign on the City's Property without the City's prior written permission. Installation, Maintenance, and Stewardship: A.At the time of installation of Lessee's equipment, Lessee shall paint the equipment to match the color of the existing surface. When new equipment is added or existing equipment is replaced, it shall be painted to match. B.The Lessee will not interfere with the City's use of the Property, nor will Lessee or the Lessee's equipment create an electrical current or field that will damage the City's Property or communications equipment or capability. C.Lessee will not weld to the Property without the City's prior written consent. D.When the City determines that the Property is in need of repainting, the Lessee shall be responsible for all costs associated with preparing and painting all communication facilities (conduit, mounting points, antennas, etc.), preparing and painting the Property surfaces under communication facilities, and preparing and painting the surfaces from the point of the lowest mounted equipment to the top of the of where the equipment is mounted. The Lessee shall pay for costs incurred by the City including, but not limited to, engineering, and contract preparation and administration. Such costs will be paid within thirty (30) days following receipt of an invoice together with reasonable supporting documentation evidencing such costs. E.Prior to any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve inches {1211 ) or greater, Lessee must call an underground utility locating service to ascertain the existence of underground utilities. F.Lessee must comply with all provision of RCW 19.122 {Underground utilities). 9of40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 DocuSign Envelope ID: A9438A8B-11 C3-4D42-B612-413826325BAD City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 G.Lessee shall, at its own expense and at all times, keep Lessee's Equipment Facility Area neat and clean and in a sanitary condition and keep and use Lessee's Equipment Facility Area in accordance with all applicable Laws. Lessee shall permit no waste, damage or injury to Lessee's Equipment Facility Area. Lessee shall make such repairs as are necessary to maintain Lessee's Equipment Facility Area in as good a condition as exists on the date construction of Lessee's Equipment Facility Area is completed, subject to reasonable wear and tear. H.The City shall have no obligation to maintain or safeguard Lessee's Equipment Facility Area, except that the City shall not intentionally permit access to Lessee's Equipment Facility Area to any third-party without the prior approval of the Lessee, except as otherwise provided in this Lease. I.If applicable, Lessee shall maintain the surrounding Equipment Facility Area landscape installed by Lessee pursuant to its permits for construction of Lessee's Equipment Facility Area, in a manner and frequency consistent with the balance of the Property. Such tasks and frequencies shall be determined by the City of Renton Utility, following final design and landscape plan approval as required by any such permits. 16.Hazardous Substances: 17. A.Lessee shall not introduce or use any such substance on the Equipment Facility Area in violation of any applicable law or regulation, nor shall Lessee allow any of its agents, contractors or any other person under its control to do the same. B.Lessee will be solely responsible for and will defend, indemnify, and hold the City, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with Lessee's use, storage, or disposal of Hazardous Substances or the use, storage, or disposal of such substances by Lessee's agents, contractors, or other persons acting under Lessee's control. Repairs by the City: Inspection: Increased Maintenance Costs: A.The City shall have no duty to Lessee to make any repairs or improvements to Lessee's Equipment Facility Area except those repairs necessary for the safety of the Lessee. The City or its representatives shall be provided access to Lessee's Equipment Facility Area upon no less than twenty-four (24) hours' notice to Lessee. B.In the event that the presence of Lessee's Site Equipment on the Property or within Lessee's Equipment Facility Area results in increased maintenance or repair costs to the City, Lessee shall, within thirty (30) calendar days of written notification by the City, which shall include documentation evidencing such increase as the result of Lessee's use, pay the City for the incremental maintenance or repair costs incurred by the City. 10 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, V. 1 4/24/2024 Approved by Cheryl Beyer via email 3/11/24 City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 CITY ACKNOWLEDGMENT Name: ) cv�r.k, Title: kv_ STATE OF WASHINGTON ) ) SS COUNTY OF ) On this " '_day of_L , 2029_, before me, the undersigned, a Notary Public in and for the St a of ashington, duly commissioned and sworn, personally appeared o� �to me known to be _ of the City of Renton, a�nowled ed the said instrument to be the free and volunt r actand y a d deed of said ; for the uses and purposes therein mentioned, and on oath stated that as authorized to execute said instrument on behalf of said M IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. \N".",\ 11 ll Pr ,;.014ARMo141 -- -kt%N" "1, k' 1 Si na1ure tar V_ lot i0$ �,, ,c r792Z al, � .— �C I :u 6 z (Print or stamp name of Notary) / i . 2. '"9l /..111%\‘N4.--~o NOTARY PUBLICin andf�� 0F SN �4 o, a State of ,111111%mm,s\,%. Washington, residing at ki__ ____ My Appointment Expires: a--0-3�0-1 25 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247,v. 1                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. LIM 02 01 12 11 © 2011, Liberty Mutual Group. All rights reserved. Page 1 of 1 Policy Number TB2-691-550588-14 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AND NON-RENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK WAREHOUSEMAN'S LEGAL LIABILITY COVERAGE PART We will not cancel or non-renew this policy or make changes that reduce the insurance afforded by this policy until written notice of cancellation, non-renewal or reduction has been mailed or delivered to those scheduled below at least a) 10 days before the effective date of cancellation, if we cancel for non-payment of premium; or b) 30 days before the effective date of the cancellation, non-renewal or reduction if we cancel or reduce the insurance afforded by this policy for any other reason. NAME ADDRESS Per schedule on file with the Company Per schedule on file with the Company ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, VBG Network Real Estate (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check- system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact VBG Network Real Estate: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: tricsha.fatakia@verizonwireless.com To advise VBG Network Real Estate of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at tricsha.fatakia@verizonwireless.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from VBG Network Real Estate To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to tricsha.fatakia@verizonwireless.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with VBG Network Real Estate To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to tricsha.fatakia@verizonwireless.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- By selecting the check- that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify VBG Network Real Estate as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by VBG Network Real Estate during the course of your relationship with VBG Network Real Estate.