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DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD May 20, 2020 DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD 6/11/2020 6/11/2020 DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD 6/11/2020 6/11/2020 July 30, 2015 July 30, 2015 DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD 6/11/2020 UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 FROM: X CONSENT TO ASSIGNMENT: CONSENT TO TRANSFER: TO:IGLESIA PENTECOSTAL VISPERA DEL FIN SEATTLE STREAMING RADIO, LLC (FOR CHIEF, AUDIO DIVISION, MEDIA BUREAU) DATE: 07/30/2015 ALL CURRENTLY AUTHORIZED AUXILIARY STATIONS AUXILIARY STATIONS Licensee/Permittee: (for transfer only) FILE# STATION LOCATION FACILITY IDCLASS CALL SIGN BAL-20150501AJT BREMERTON, WA48248AM KBRO BAL-20150501AJU LAKEWOOD, WA26892AM KNTB BAL-20150501AJV LACEY, WA3711AM KLDY BALFT-20150501AJW TACOMA, WA149360FX K221FJ Commission's records reflect that stations KNTB(AM), Fac. Id. 26892 and K221FJ, Fac. Id. 149360 have been off the air since March 30, 2015. Therefore, the licenses for these stations will expire as a matter of law if these stations do not resume broadcast operations by March 31, 2016, 12:01 AM. See Pub. Law No. 104-104, 110 Stat. 56, Sec. 403(l), codified at 47 U.S.C. Section 312(g). The FM Translator Licensee must notify the Federal Communications Commission, Office of the Secretary, 445 12th Street, S.W., Washington, DC 20554 of any change in the station that will be rebroadcast. The parties should also notify Robert Gates via email at Robert.Gates@fcc.gov. See 47 C.F.R. §74.1284. Under authority of the Communications Act of 1934, as amended, the consent of the Federal Communications Commission is hereby granted to the transaction indicated above. The Commission's consent to the above is based on the representations made by the applicants that the statements contained in, or made in connection with, the application are true and that the undertakings of the parties upon which this transaction is authorized will be carried out in good faith. The actual consummation of voluntary transactions shall be completed within 90 days from the date hereof, and notice in letter form thereof shall promptly be furnished to the Commission by the seller or buyer showing the date the acts necessary to effect the transaction were completed. Upon furnishing the Commission with such written notice, this transaction will be considered completed for all purposes related to the above described station(s). FCC Form 323, Ownership Report, must be filed within 30 days after consummation, by the licensee/permittee or assignee. ADDITIONAL REQUIREMENTS FOR ASSIGNMENTS ONLY: Upon consummation the assignor must deliver the permit/license, including any modifications thereof to the assignee. FCC FORM 732 August 1992Page 1 of 2 DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD It is hereby directed that, upon consummation, a copy of this consent be posted with the station authorization(s) as required by the Commission's Rules and Regulations. The assignee is not authorized to construct nor operate said station(s) unless and until notification of consummation in letter form has been forwarded to the Commission. FCC FORM 732 August 1992Page 2 of 2 DocuSign Envelope ID: B0B09B10-9F89-42BF-B8C1-96A3D8832FFD Contract Number: 4022 Vendor: SEATTLE STREAMING RADIO LLC Subject: Telecomm Facility - Forest Ridge Park Department: PW Admin File Class: LEG 12 -1 Begin Date: 7/1/2010 End Date: 6/30/2020 Review Date: 5/1/2020 Vault Date: Comments: 10 yr term COMMERCIAL BROADCAST FACILITY LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City ") and Seattle Streaming Radio, LLC (hereinafter referred to as "Lessee "). WITNESSETH: 1. PREMISES. The City leases to the Lessee real property located at the tower and equipment site at Forest Ridge Park for housing, installing, constructing, operating and maintaining certain commercial broadcast facilities, legally described and/or depicted in Schedule A ( "Premises "). Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions specified in this Commercial Broadcast Facility Lease Agreement (hereinafter referred to as "Lease "). 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings: "Commercial broadcast facility" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment storage structures and other appurtenances used or to be used to transmit, distribute, provide, house or offer commercial broadcast services; "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, including forest access roads; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; LEASE AGREEMENT - I "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of commercial broadcast signals in any and all frequencies using real property and broadcast facilities approved in Schedule A. Lessee shall be.responsible for adherence to all federal, state and local regulations pertaining to the operation of a commercial broadcast facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times adequate to service the Premises and the commercial broadcast facilities at all times during this Lease. Lessee agrees to provide the City with a scheduling outlining the frequency of required visits (e.g., quarterly maintenance check, monthly site cleanup, etc.) Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 41(F), which notice shall be followed by written notification pursuant to Section 41(F). Lessee shall be responsible for conducting appropriate background checks of all of their employees. LEASE AGREEMENT - 2 F►nployees visiting the Premises shall be clearly identifiable as employees of the Lessee either by uniform identification badge or marked company vehicle. 4. NON - EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose. 5. TERM OF LEASE. This Lease shall be valid for a term of ten ear s commencing July 1 2010 and terminating June 30 2020 6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. i 7• INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the interference problem cannot be cured, this Lease may be terminated by the City pursuant to Sections 34 and 35. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City -owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City- owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities located upon the City property subject to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section 10. B. 8• OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other LEASE AGREEMENT - 3 equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. 9• CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date of this Lease (including but not limited to additional Lessees as permitted by the City) and such changes result in the property becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. This Lease is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee; starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of $750.00 per month prorated for any partial months. Substantial expansion of the initial configuration contained in Schedule A will result in review and possible re- negotiation of the rental rate contained herein. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle - Tacoma index (1982 -84 =100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon LEASE AGREEMENT - 4 determining whether Lessee's tower is properly engineered to accommodate City's antenna system and such transmission shall not result in any impairment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. C. Rent Adjustment. On the fifth annual anniversary date of the Commencement Date of the Lease ( "Rent Adjustment Date ") the City may adjust the rent due under the Lease in accordance with the following procedure: If the City chooses to adjust the rent, the Rent for'the remainder of the Lease term commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair Market Rental Value" shall be the rental rate that comparable space for a wireless telecommunications facility (in terms of quality of location for a similar facility in a similar location) would command on the open market at the time of Rent Adjustment Date. Such amount shall be determined jointly by the City and Lessee through good faith negotiations. If the City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City's notice by accepting the proposed rent amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed rent adjustment. D. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee rent for co- location on Lessee's tower. 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. 12• RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days LEASE AGREEMENT - 5 before expiration of the current Lease, file an application with the City for renewal of its Lease which shall include the following: A. Any information required by the City of Bremerton; B. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; D. A non - refundable application fee in the amount of Five hundred and No/ 100 Dollars ($00.00). The City reserves the right to extend the review period for the renewal application if additional information is required. 13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configuration contained in Schedule A, Lessee will submit a new application. 15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and Utilities Director. 17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. LEASE AGREEMENT - 6 18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifying Lessee, address and a 24 hour phone number. Signage shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonable necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and public ways. B. The operations of the City or other governmental entity in or upon the Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or an person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: LEASE AGREEMENT - 7 A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after expiration or termination of the Lease; of a Lease; C. If the system or facility was constructed or installed without the prior grant D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. if the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration. revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice. Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 23• DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or LEASE AGREEMENT - 8 within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, tilling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, or when Lessee, or any person acting on its behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals, Provided, hou that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. LEASE AGREEMENT - 9 27. LEASED CAPACITY AND CO- LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub - lessee; D. The sub - lessee has complied, to the extent applicable, with the requirements contained in this Lease; C. The Lessee owns and/or controls the tower facility located on City property; D. The City and Lessee shall agree upon additional rental fee for sub- lessee hook -ups pursuant to Section 10.D. The City encourages co- location on existing telecommunications facilities and to that end will not unreasonably withhold approval of sub- leases. 28. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from any one accident; and LEASE AGREEMENT - 10 (3) $2,000,000.00 for all other types of liability. B. Automobile liability for owned, non -owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises- operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said Lease. Any deductibles or self - insured retentions must be declared to and approved by the City. Payment of deductibles and self - insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required in 30.A. above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent LEASE .AGREEMENT - I I ,• y such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RC W was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights -of- way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited in the event construction is commenced. A. Except as provided below, the construction bond shall remain in force until 60 days alter substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of `as- built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred. assigned or disposed of by sale, lease, LEASE AGREEMENT - 12 merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, no system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant with respect to the proposed transferee or assignee; (3) Any other information reasonably required by the City; and (4) An application fee. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. E. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. G. Lessee shall make no assignment or transfer of this Agreement without obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. LEASE AGREEMENT - 13 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the Cit to use or occupy public ways of the City or City property may be terminated for reasons including, but not limited to: A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. Abandonment of telecommunications facilities in the public ways or upon City property; H. Failure to relocate or remove facilities as required in this Lease; i I I. Failure to pay taxes, compensation, fees or costs when and as due the City; I i LEASE AGREEMENT - Id i i 'I J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent violation, default or non - compliance, providing a short and concise statement of the nature and general facts of the violation, default or non - compliance, and providing the Lessee a reasonable period of time not exceeding 30 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above; and without any prejudice to any of its other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner /resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFETY REQUIREMENTS, The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and /or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety LEASE AGREEMENT - 15 Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. if the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 41. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. C. "This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. D. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. E. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. F. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LESSOR: LESSEE: City of Bremerton Seattle Streaming Radio, LLC. Attn: Public Works & Utilities 2539 N Hwy. 67 - P.O. taX ?4 t Forestrv/Natural Resources Manager Sedalia, CO 80135 100 Oyster Bay Ave. N. and also to: Bremerton. WA 98322- Seattle Streaming Radio, LLC 7126 Martin Luther King Jr. Way S Seattle, WA 98118 The individuals identified in this paragraph shall be the specific point of contact for each party regarding all topics. Any change to this point of contact shall be delivered,to the other party in i LEASE AGREEMENT - 16 i writing by certified or registered mail, return receipt requested. All payments will be sent to the above address. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 — October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs vial telephone and the internet. 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status disability, or sexual orientation, except employment actions based on a bona fide occupational qualification. E Date: d By: Dawi fLkCC. k e.r— . Its: es i ok. e ►g i-- CITY OF BREMERTON Date: 6��w PATTYNT, Mayor APPROV AS TO FORM: GER LUBOVICH, City Attorney H I H I LEASE AGREEMENT - 17 i i State of ss. County of 0 01 ) On this :Yj da of !VO 1/ W) LXt7, personally appeared Dc. \k t me L own to be the ! + of the "� Id C Q I b >r'0.� O co rporation, that executed the within and foregoin strument, 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 authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. : "'•• FRANK M. MCPHERSON Commission DD 772408 Expires April 4, 2012 qL-'4-'r 8mded7hmTmyFdnkmurMW0-39 M9 No ary Public to and f& 'th�j Stat of p!"l� Residing at My commission expires: kpn Q 01� State of Washington ) ss. County of Kitsap ) On this day of , 20 / L) , personally appeared 'P&M - L z. - tt to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whe junto set my han d affixed my official seal the day and year first above wri_� ®tA1 %)p 'y Notary Public in and for th State of Washington j $ '�► dJ6"���, �a Residing at 7� ho 4� My commission expires: 114, ®r Wi�°� RECEIVED FOR FILING: CARO ETGEN, 9 R: \LEGAL \Contracts \FORMS \Telecommunication Facilities Lease.form.doc 1 LEASE AGREEMENT - 18 i i r FTP CORPORATION L- Al BROADCAST RANK TRANSMITTER LEGAL DESCRIPTION OF PROPERTY ON WHICH ANTENNA IS SITED A portion of the SE quarter of the SW quarter of the SE quarter of Section 15, Township 24 N, Range 1E, W.M. more particularly described as follo«vs: BEGINNING at the SE corner of the SE quarter of the SW quarter of the SE quarter of Said Section 15; then N 89 00'22" W on the S line of Said Section 15 at a distance of 585.46 feet; thence N 0 59'38" E a distance of 254.81 feet to the true point of BEGINNING; thence N 67 10'07" W a distance of 45.00 feet; thence N 22 29'53" E a distance of 35.00 -feet; thence S 67 10'07" E a distance of 45.00 feet; thence S 22 39'53" W a distance of 35.00 feet to the true point of BEGINNING; continuing 0.036 acres. 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I t I L • 1 4 t r- - .I I - . - rrT I . -v-.— I J COUNCIL SUMMARY Commercial Broadcast Facility Lease Agreement with Seattle Streaming Radio, LLC for the Forest Ridge Park KBRO Tower Site Prouram and Agreement Summa__ The City of Bremerton currently has leases with eleven companies at seven individual sites for communication facilities on city -owned land in town and the Watershed lands. Total annual revenue from these leases is approximately $225,000.(' Public Works & Utilities currently manages the lease agreements for the City, and has recently entered into a professional services agreement with Peripheral Vision Communication, Inc. (PVCI), a company that specializes in the communication industry, to assist in technical issues and valuations. The KBRO tower site located at Forest Ridge Park has provided AM radio broadcasting in this area for years. The broadcast facility was formerly owned by FTP Corporation who was the original lessee for the agreement that ran from July 1, 2005 thru June 30, 2010. This lease was assumed by Seattle Streaming Radio, LLC (SSR) in September 2005 and this company currently owns and operates KBRO. SSR had requested continuing their operation and lease earlier this year. The new proposed lease is similar to the previous agreement. After review by both City staff and our consultant, PVCI, the following modifications were made in the proposed agreement: 1. Adopted term "commercial broadcast facility" to distinguish from "telecommunication facility ", as fair market value can differ between these types of facilities. Added "commercial broadcast facility" to definitions. 2. Item S. Tenn of Lease. Increased lease term from 5 years to 10 years to decrease administration time and cost and better fit what has been a long- term operation. 3. Item 8. Ownership and Removal of Improvements. Clarified what becomes City property and how disposed at lease termination. 4. Item 10A. Compensation to City. Had PVCI review lease value and compare with similar broadcast facilities. Monthly rental set at $750 /month with annual CPI adjustment. Last monthly rental under expired agreement was $660.51. 5. Item 10B Rent Adjustment. Changed adjustment review time from 4th to Stn anniversary of agreement. Fiscal Summary The proposed monthly rental of $750 is consistent with the previous lease, and was reviewed by our consultant. It was explained that AM facilities of this size are not currently a high value operation. For comparison, this proposed rental is similar to a broadcast facility of similar wattage that is located on City of Olympia property. Annual CPI adjustments at the first of the year are prescribed. Rental cannot decrease. SSR Lease Council Summary September 2010 Contract Number: 4022 Vendor: SEATTLE STREAMING RADIO LLC (formerly FTP CORP) Subject: Telecommunications Site - Forest Ridge Park Department: PW Admin File Class: LEG 16-3 Begin Date: 07/O1/1999 End Date: 06/30/2010 Review Date: 04/O1/2010 Vault Date: Comments: 5 yr term - 4/05 Notice of Sale 9/05 to Seattle Streaming � � �� � � . ^ � � TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT TffiS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "Cit}�') and FTP Corporation (hereinafter referred to as "Lessee"). WITNESSETH: 1. PRENIISES. The City leases to the Lessee real property locat� at the Tower and equipment site at Forest Ridge Park for housing, installing, constructing, operating and maintaining certain telecommunications facilities, legally described and/or depicted in Schedule A ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter refened to as "Lease"). 2. DEFINiTIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the followin� mea.nings: "Person" means arid includes corporations, companies, associations, joirit stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right ofway for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway pwposes, including forest access roads; �Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Tetecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; -- � KTelecommunications facitities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment storage structures and other apnurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; LEASE AGREEMENT - 1 � 1 . ' � . "Telecommunications provider" mea�ns and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite. or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the pwpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A Lessee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal properiy and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times adequate to service the Premises' and the telecommunication facilities at all times during this Lease. Lesse� agrees to provide the City with a scheduling outlining the &equency of required visits (e.g., quarterly maintenance check, monthly site cleanup, etc.) Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 43(G), which notice shall be followed by written notification pursuant to Section 43(G). Lessee shall be responsible for conducting appropriate background checks of all of their employees. Employees visiting the Premises shall be clearly identifiable as employees of the Lessee either by uniform identification badge or marked company vehicle. 4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose. 5. TERM OF LEASE. This Lease shall be valid for a term of five year(s) commencing July 1, 2005 and terminating June 30, 2010. LEASE AGR:EsEMENT — 2 . � . - • � 6. RIGHTS GRAN1'ED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication si�nals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the interference problem cannot be cured, this Lease may be terminated by the City pursuant to Sections 35 and 3b. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense � and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities located upon the City property subject to this Lease except those City antenna sites ��; placed upon Lessee's facilities pursuant to Section 11.B. 8. OWNERSHIP AND REMOVAL OF IlVIPROVEMENTS. All buildings, landscaping and all other improvements, except telecommunicataons facility, shall become the property of the City upon expiration or termination of the Lease. In the event that the City� requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole e3cpense of the Lessee and completed within 30 days after re,ceiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. 9. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any LEASE AGREEMENT - 3 . � � ' • • rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease detemunes that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date of this Lease (including but not limited to additional Lessees as permitted by the City) and such changes result in the properiy becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. This Lease is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee; starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of Five Hundred Thirteen and No/100 Dollazs ($513.00) per month, prorated for any partial months. Substantial expansion of the initial configuration contained in Schedule A will result in review and possible rc-negotiation of the rental rate contsined herein. At the begiruiing of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior . to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. . Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna system and such.transmission sha11 not result in any impavment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee'a directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. LEASE AGR:EsEMENT - 4 . i � ' • � C. Rent Adjustment. On the fourth annual anniversary date of the Commencement Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in accordance with the following procedure: If the City chooses to adjust the rent, the Rent for the remainder of the Lease term commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair Market Rental Value" shall be the rental rate that comparable space for a wireless telecommunications facility (in terms of quality of location for a similar facility in a similar location) would command on the open market at the time of Rent Adjustment Date. Such amount shall be determined jointly by the City and Lessee through good faith negotiations. If the , City determines that a rent adjustment is warranted, it shatl so notify Lessee in writing no earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City's notice by accepting the proposed rent amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental amount. The City and Lesse� shall thereafter. ,� . make a good faith and diligent effort to a�ree on the rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed rent adjustment. D. Pursuant to Section 28 Lessee shall pay to the City SO% of any and all sublessee rent for co-location on Lessee's tower. 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires-to expand, modify, or relocate its telecommunications facilities or other - equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilitiea or other equipment on the City property, the City shall grant a lease amendment without further application. 12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under tivis Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease, file an applicatipn with the City for renewal of its Lease which shall include the following: A. The information required pursuant to Section 4; ' B. Any additional information required based upon elements of the cutrent Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; LEASE A(3REEMENT - 5 , .` �� • • D. A non-refundable application fee in the amount of Five Hundred and No/100 Dollars ($500.00). The City reserves the right to extend the review period for the renewal application if additional information is required. 13. OBLIGATION TO CURE AS A CONDII'ION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's perforn�ance of the Lease have been cured, or a plan detailing the corrective action to be taken by the I:ess� has been approved by the City. 14. IlVIPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configwation contained in Schedule A, Lessee will submit a new application pursuant to Section 4. 15. POLICE POWER In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with a11 applicable general laws enacted by the City pursuant to such power. . . 16. INTERFERENCE WI1'H THE PUBI.IC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the . public ways by the City, by the general public or by other persons authorized to use or be present � �; in or upon the public ways. All such facilities which interfere with public ways shall be moved by - the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and Utilities Director. 17. REPAIIt AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. 18. bZAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otheirvvise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any tirne during the term of this Lease to ensure compliance with the terms and conditions herein; Providec� hawever, Lessee has the right to be present at all LEASE A(�REEMENT - 6 • � . . � • inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 19. SIGNAGE. Less� shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifying Less�ee, address and a 24 how phone number. Signa�e shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FA[:n.i'�'i�.S. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonable necessary for: A. The constroction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other governmental entity in or upon the public ways. Additional time for removal or relocation may be granted at the discretion of the City ,. which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by R � the City. 21. REMOVAL OF UNAUTHOR�ZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own elcpense, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after expiration or termination of the Lease; C. ff the system or facility was constructed or installed without the prior grant of a Lease; LEASE AGREEMENT - 7 . • . • � � D. ff the system or facility was consbucted or installed without the prior issuance of a required City perinits; and E. If the system or facility was constructed or install� at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approv� by the City Attorney, transferring to the City the ownership of such properiy in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FAC'II.ITIES. The City - retains the right and privilege to cut or move any telecommunications facilities located within the a� . public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 23. DAMAGE TO FACILII'IES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City properiy or within the public ways of the City as a result of or in connection with any public works, public improvements, constructioq excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When�the Lessee, or any person acting on ita behal� does any work in or affecting any public ways, other ways or City property, .or when Lessee, or any person acting on its behalf dama�es any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City LEA5E AGREEMENT - 8 ' . • . • • � construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite pernuts for such work. B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or properiy by reason of such work in or affecting such ways or property. D. The Public Works and Utilities D'uector shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessce shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configvration of all of its . telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. � 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provide� however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall ttus Section be construed to require the Lesse,e to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 27. LEASED CAPACII'Y AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or a�reement between the Lessee and its sub-lessee; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in.this Lease; C. The Lessee owns and/or controls the tower facility located on City property; LEASE AaREEMENT - 9 . � . � � � D. The City and Lessee shall agree upon additional rental fee for sub-lessee hook-ups pwsuant to Section 11.D. The City encourages co-location on existing telecommunications facilities and to that end will not unreasonably withhold approval of sub-leases. 28. UTII..ITIES. Electricity, HVAC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A City shall cooperate with Lessee in obtaining utility service. 29. I.ICENSES AND TAXES. Upon commencement of the Lea.ge, Lessee shall be responsible for paying real or personal properiy, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed offcers, offcials, a�ents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in conne,ction with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive �eneral liability insurance, written on an occurrence basis, ., with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for properiy damage resulting from any one � accident; and (3) $2,000,000.00 for all other types of liability. B. Automobile liability for owned, non-owned aad hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; _ D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the LEASE AGREEMENT - 10 i . • - � � Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pwsuant to said Lease. Any deductibles or self-inswed retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance ahall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any inswance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's inswance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required in 31.A. above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDENIIVIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereo� and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits_for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to � have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its , agents, employees, representatives or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the eactent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employ�s, agents, or volunteers. 32. CONSTRUCI'ION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the I,essee's telecommunicationa facilities within the public ways of the City or upon City property shall be deposited in the event construction is commenced. LEASE AGREEMENT - 11 . • . • � � A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of `as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claim"s, demands or liens for � labor, material or services provided in connection with the work. . 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: LEA5E AGREEMENT - 12 . • . - � � (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant pursuant to Section 4 with respect to the proposed transferee or assignee; (3) Any other information reasonably required by the City; and (4) An application fee set by Section 4. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pwsuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimbwse the City for a11 direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. � F. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. G. Lessee shall make no assignment or transfer of this Agreement without . � obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. 34. TRANSACTIONS AFFECTIl�TG CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working ` control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of a�iliated entities having ownership or working control of the � Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereo� shall be considered an assignment or transfer requiring City approval pursuant to Section 34 hereof. Transactions between a�iliated entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer o� or acquisition by any other party of control of Lessce's company. Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. LEASE AGREEMI?NT - 13 • � � 35. REVOCATION OR TERIVIIl�tATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: ' A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Nfisrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G Abandonment of telecommunications facilities in the public ways or upon City property; H. Failure to relocate or remove facilities as required in this Lease; L Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. � 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Less� shall be given written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance, and providing the Lessee a reasonable period of time not exceeding 30 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lesse� willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this LEASE ACiREEMENT - 14 • • . � • Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by the City by reason of the I.essee's failure to comply. 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and postin� requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall pernut the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFE1'Y REQUIItEMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and . accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, � ' sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The �. City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. ff a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City wili, after discussions , with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the �_ repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City hazmless against any and a11 expenses, including reasonable attomey's fees and court costs in connection with any such lien. 41. NIISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attomey's fees and court costs, including appeals, if any. LEASE AGREEMENT - 15 . . . . • • • C. Each party agrees to fumish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either pariy is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, retun► receipt requested, to the address of the respective parties set forth below: LESSOR: LESSEE: City of Bremerton FTP Corporation Attn: Public Works & Utilities 71 Yesler Way Administrative Manager Seattle, Washington 98104 3027 Olympus Drive And also to: Bremerton, WA 98310-4799 FTP Corporation 1940 Fillmore Street San Francisco, Califomia 94115 The individuals identified in this paragraph shall be the specific point of contact for each party regarding a11 topics. Any change to this point of contact shall.be delivered to the other party in writing by certified or re�istered mail, return re,ceipt requested. All payments will be sent to the above address. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 — October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs vial telephone and the internet. � LEASE AGREEMENT - 16 �, •� A • � � 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. LESSEE � Date: March 5, 2005 By: Bart Seidler, President CITY OF BREMERTON Date: _ �- � _ n .� CARY BO , yor APPROVED AS TO FORM: RO R A LUBOVICH, City Attorne // // LEASE AGREEMENT - 17 .� .A � r . � r �� State of ) �� ) ss. County of ) On this day of 20 � personally appeared to me known to be �� of the , a _., corporatioq that executed the within and foregoing instrument, and ackn ed said instrument to be the fr� and voluntary act and deed of said corporatioq f r uses and pwposes therein mentioned, and on oath stated that heJshe was authorized to said instrument. In witness whereof I have he t set my hand and affixed my official seal the day and year fust above written. � �" ��G Notary Public m and for the State of Residing at My commission expires: State of Washington ) ) ss. County of Kitsap ) On this /�t.�, day of ��;��, personally appeared Cary Bozeman to me known to be the Mayor o the City of Bremerton, a municipal corporation, that executed . the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that �e was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first ab �°����•� � a.�li���,�sston��e t�;�s V o Q A /'.'��s, "'� � G ,�`�,� � t° o � �� � � a ' p� '�� � Notary bli and for the S te of Washington ° i " P . s "^ o �'fo� ��, � � o o .� Residing,at�Q ..,y, � A�i„� � �'�' ° ° • r � � � ° c,�°� My commission expires: �,� /S-/) l� o � t�/AS�i� �, �-- A ON, City Clerk R:ILEGAL ontractalFORMS\Telecommunication Facilities I.ease.doc LEASE AC�REEMENT - 18 .._ , J � � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' $An1 �/lAN�lSG(� ss. County of On �1A2� �, ZCJos before me, �Ev�,J T�/� �IGLo�n/� Nv Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared �S�T SEI � LC� , Name(s) of Signer(s) ❑ personally known to me C�1 proved to me on the basis of satisfactory evidence � to be the person(.a'jwhose nam�) is/a� subscribed � g EpLOe� hF to the within instrument and acknowledged to me that p �,•EUAEY� �; KEVIN TABB WOLOHAN n he/sl�ffh�r executed the same in his/he�F/tf�ir COMM. # 1449669 � �� � � NOTARY PUBLIC - CALIFORNIA N authorized capacity(ie�'f, and that by his/h�f/th�r � •• SAN FRANCISCO COUNTY N signature�,s�' on the instrument the person(a'f, or the ����o My Comm. Expires December 3, 2007 L � entity upon behalf of which the personJ�s'j acted, executed the instrument. WITNESS my� a an i'al seal�'1/ Place Nota Seal Above /� "/ C% � ry 7 Signatu e of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �J Title or Type of Document: L c�s� C' ��E��^�� Document Date: Number of Pages: � 0 Signer(s) Other Than Nained Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual � ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner,— ❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact .Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: � 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free t-800-876-6827 � � FTP CORPORATION AM BROADCAST BANK TRANSMITTER LEGAL DESCRIPTION OF PROPERTY ON WHICH ANTENNA IS SITED A portion of the SE quarter of the SW quarter of the SE quarter of Section 15, Township 24 N, Range lE, W.M. more particularly described as follows: BEGINNING at the SE corner of the SE quarter of the SW quarter of the SE quarter of Said Section 15; then N 89 00'22" W on the S line of Said Section 15 at a distance of 585.46 feet; thence N 0 59'38" E a distance of 254.81 feet to the true point of BEGINNING; fi thence N 67 10'07" W a distance of 45.00 feet; thence N 22 29'S3" E ;�� a distance of 35.00 feet; thence S 67 10'07" E a distance of 45.00 ,'�� � feet; thence S 22 39'S3" W a distance of 35.00 feet to the true point of BEGINNING; continuing 0.036 acres. 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Contract Number: 4022 Vendor: SEATTLE STREAMING RADIO LLC (formerly FTP CORP) Subject: Telecommunications Site - Forest Ridge Park Department: PW Admin File Class: LEG 16-3 Begin Date: 07/O1/1999 End Date: 06/30/2010 Review Date: 04/O1/2010 Vault Date: Comments: 5 yr term - 4/05 Notice of Sale 9/05 to Seattle Streaming ~ ~. . \. : ' v. ..;(','(:'1' · . :~ i :;~:"c,- :;?I:: .'.; 1 '. ,'"\ ~ ',,, , -;":?:j~t:~-: " t - .'.. 1- ,'i ,." !,::;' . i l0"d Ail" 17"' ~ ;Sl,\'ljj,~:,~'.'f/Ji;:: :.,:. " ,.r.. :' t. :':'".r- :':i~ , ,,).,i:, ,~;"-?}'i,~ ';rh~'''I''''''' II I~ij'f~~ I fr' > Ii. · :\~i~l~il j: .L .;~ :iJ!\:::;.~1Jl;~tt I' "~''''''-'-'' c. . ,,-.,..., I !li;::\lC::':~ 3.\::: .. ..,IN:I,~i.::: ,<'Qll. .':Il;.:''::..: Wd 8l:Z0 ~0-~0-~~O ((((4 KBRO/KNTB RADIO NETWORK .....~I~..._...' 11. ,: I! II i I , I . lCity of Bremerton J\1r. Paul Lucas :t39 4th Street J~remerton, W A 98337 9/02/2005 Dear Mr. Lucas, This is to inform you that Radio Station KBRO has been sold effective September 1, 2005. The following corporation has purchased the statio :)nd would like to have the lease for the tower location in Forest Ridge Park, First and Hartford Avenue, transferred to them. Seattle Streaming Radio, LLC P.O. BOX 348 Sedalia, CO 80135 Ph 303-688-5162 fax 303-860-4930 Thank you for all your assistance in the past; it was a pleasure working with you and the City of Bremerton. Very truly yours, Chris Hanley General Manager 7 \ Y I'. S L p, R IX' A Y. Sf.:,' T T 1.1-:, I\' ,I Sill N (1'1' 0 N ')8 104 Zil6 5X) 1181 \ ll80S::8~90Zl NO~~NIHS~M31~~~3S ~;~7:~~~'~:':~~'j ~. ~ T' \, , . I', I I " I .'.... i '[ ! j, i \ ;~ :vi t:::'~.~f.: : ';',:;.-.'",,:' .P::.l::;'::i{ : ~\ t! , 1 k .',1 I :~t~'~l J 1 l~\,JI\;" ;:};:!;'ji'L'. j i:~:::?:i~:: "{j;:.::1'-}'..'.. ~:,.~}cf' 11;"'" ':'rj,.:};;'~:,; :>":'~' .1...... ,. "r,i" ." ",,' ", "'I' . ! " I I :,.( "I;:, lTJ.:.If;t.;(.i IIIX~i:"'i tr;}~ ~\/:';i:ii !' .'::';;.;'''<'' ., ..,.,., "'-j " Th('I~;J'j,:'i .'.ir:('.(i~J . J '~j" 'I.> ,-;. ' :! 1 ~ ,'," ,\ , " l::,~:'..'(~\';:>~.;~. : .l:i)\"!(;;:,',;; 1.1' ..~ ........, !'j"j';i\}::: , '. .~I..; tt'~ ~.,: i:' ..' :. tt;;~::~,. ":,... ~ "'-?f ',. -. ", t..~ :/~ ;~:'.:':"I:::' ",:: !li,.rif':.;, . , ~ ,. ",..,~, '. " . I}, t;;:::;';~'~i<:,::.~, ''",: ~'.' "" . . .' 1"lli;:ji~:,:&,:,,; . . : ~:fIT'" '. \~,\~).:, t.'.; .. fi~%"i!~ I I I I ADMINISTRATIVE SERVICES Deputy City Clerk/Paula Johnston pJohnston@cl.bremer~on.wa.us April 30, 2002 Pursuant to Section 6 - Term of Lease, the Telecommunications Facilities Lease Agreement between the City of Bremerton and FTP Corporation is hereby renewed for one additional three-year term to expire June 30, 2005. Compensation to the City will continue to increase pursuant to the CPI inflator found in Section 7 of the Lease Agreement. May 9, 2002 ~/~o..o_. Date; ~,/""~~. Secretary TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City ofBremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and FTP Corporation, (hereinafter referred to as "Lessee"). WITNESSETH: 1. PREMISES. The City hereby leases to the Lessee real property for housing, installing, constructing, operating and maintaining certain telecommunications facilities, said real property and facilities being more specifically described and/or depicted in Schedule A, attached hereto and specifically incorporated herein (hereinafter referred to as Premises). Lessee agrees to accept such real property for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as "Lease"). 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment LEASE AGREEMENT - 1 R E C E I V E D FFP Corporation - June 14, 1999 "" 3 1999 DEPT. OF PUB. WKS. & UTILITIES storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A and pursuant to successful completion of all requisite permit processes. City shall provide Lessee ingress, egress, and twenty-four hour a day, seven days a week access over the property to the Premises adequate to service the Premises and the telecommunication facilities at all times during this Lease at no additional charge to Lessee except Lessee shall agree to sign a mutual road maintenance agreement to be provided by City with all other users of access roads not included in the public road system and Lessee shall agree to share equally the annual charge of maintaining the access roads not to exceed Three Hundred and No/100 Dollars ($300.00). Which amount shall be increased annually in January based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted. 4. LEASE APPLICATION. Any person that desires to solicit the City's approval of a Lease shall file a lease proposal with the City which shall include the following: A. The identity and legal status oftbe applicant, including any affiliates; B. The name, address, telephone number and title of the officer, agent or employee responsible for the accuracy of the lease application statement; LEASE AGREEMENT - 2 FTp Corpoeation- June 14, 1999 C. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City, or to those outside the City limits using facilities located within the City; I). A description of the telecommunications facilities or other equipment proposed to be located upon City property; E. A description of the City property upon which the applicant proposes to locate telecommunications facilities or other equipment; F. Signed set of owners drawings, preliminary plans and specifications in sufficient detail to identify: (1) Manufacturer standards, punch list on workmanship inspections for future sign-offby City inspectors for all telecommunication facilities being proposed by Lessee. (2) The location(s) of existing telecommunications facilities or other equipment upon the City property, whether publicly or privately owned. (3) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. G. Accurate scale concepmai drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipmem; 1/. Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising; L An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease; J. A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions; K. Evidence that the applicant has explored possible co-location sites on existing tower sites on City or private property. L. Such other and further information as may be requested by the City; and LEASE AGREEMENT - 3 FTP Corp~atio~ - June 14, 1999 M. A non-refundable application fee of Five Hundred and No/100 Dollars ($5oo.oo). 5. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City fi.om granting a similar lease, right, license, franchise, etc. to other carders, providers or other persons for telecommunications or any other purpose. 6. /I~ERM OF LEASE. This Lease shall be valid~ a term of three (3) year(s) commencing ~, 199 ~' and terminating ~a,t.~, 20D~ including an option to Anew for one additional three (3) year t~cm pursuant to Section 17 ' hereunder. Compensation will be renegotiated for renewal option. 7. COMPENSATION TO THE CITY. This Lease is subject to the City's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the rights granted to the Lessee; starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of $451.36 per month, prorated for any partial months. At the beginning of each successive year thereafter the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease. Any payments received al~er the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. The rental fee rate will be reviewed annually. 8. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, leasehold excise, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 9. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 10. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; LEASE AGREEMENT - 4 B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; C. The Lessee owns and/or controls the tower facility located on City property; 11. IMPROVEMENTS. During the term of this Lease if Lessee wishes to expand the initial configuration contained in Schedule A, Lessee will submit a new application pursuant to Section 4. Compensation for the proposed expansion will be negotiated upon approval of the application. 12. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed to convey only the right to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 13. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining ail necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the tight to cancel the Lease upon 120 days written notice to the City. However, no prepaid rent shall be refundable. 14. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and the Lessee cannot resolve this interference with the other tenants, the Lessee may, upon 30 days notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept LEASE AGREEMENT - 5 FTp Co.nation- June 14, 1999 such interference as may be received from City operated telecommunications or other City facilities located upon the City property subject to this Lease. 15. TECItNICAL STANDARDS. Lessee shall operate its telecommunications facilities in complete compliance with rules and regulations of the Federal Communications Commission and shall furnish City with a copy of its current license and all subsequent renewals for City's files. A copy of said license shall be posted at all times on Lessee's equipment at subject site. L~ssee shall operate its equipment in compliance with the applicable standards for this site as established by the Western Washington Cooperative Interference Committee (WWCIC) Engineering Standard #6 Rev. C (02-97) for Radio Transmitting and Receiving Devices and FM Broadcast, hereinafter incorporating future amendments. 16. OWNERSItIP ANI) REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements at'ocr termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are lef~ upon City property after expiration or termination of the lease, they shall, at the City's option, become the property of the City if not removed by the Lessee upon 30 days written notice from the City. If Lessee falls to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 17. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease, file an application with the City for renewal of its Lease which shall include the following: A. The information required pursuant to Section 4; B. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; 1). A non-refundable application fee in the amount of Five Hundred and No/100 Dollars ($500.00). The City reserves the right to extend the review period for the renewal application if additional information is required. LEASE AGREEMENT - 6 FTp Corporation - June 14, 1999 18. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance oftbe Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 19. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights oftbe police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with ail applicable general laws enacted by the City pursuant to such power. 20. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereat~er as possible if advance notice is not practicable. 21. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 22. SIGNAGE. Lessee shall display a current sign on telecommunication facilities identifying Lessee, address and a 24 hour phone number. 23. RELOCATION OR REMOVAL OF FACILITIES. Within ninety (90) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other governmental entity in or upon the public ways. LEASE AOREEMENT - 7 FTP Cotlx~ation- June 14, 1999 C. The facilities unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon public ways. Additional time for removal or relocation may b~ granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 24. REMOVAL OF UNAUTI~ORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City may, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property ora Lessee shall be deemed abandoned if left in place 30 days aiter expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; 1). If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If LEASE AGREEMENT - 8 FTP Cotpotati~yn. June 14, 1999 the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 25. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 26. DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 27. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. li. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. l). The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. LEASE AGREEMENT - 9 FTP Corpo~ion- Jun~ 14, 1999 28. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 29. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within thc public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Providea[ however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from any one accident; and (3) $2,000,000.00 for all other types of liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limit s of not less than $1,000,000.00; l). Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, LEASE AGREEMENT - 10 Frp C~l~r~tlon - June 14, 1999 employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fitteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and famish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers fi.om and against any and ail liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting fi.om personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited before construction is commenced. LEASE AGREEMENT - 11 FTP Corpocation- June 14, 1999 A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of'as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control ora Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, no system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: LEASE AGREEMENT - 12 FTP Corporation - June 14, 1999 (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant pursuant to Section 4 with respect to the proposed transferee or assignee; (3) Any other information reasonably required by the City; and (4) An application fee set by Section 4. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until ail such costs and expenses have been paid. F. Any transfer or assignment of the lease, system, or integrai part ora system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shail be considered an assignment or transfer requiring City approvai pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt fi.om City approval. The Lessee shail promptly noti~ the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control ora Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is fi.om the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: LEASE AGREEMENT - 13 FTp Corporati~a - June 14, 1999 A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. Abandonment of telecommunications facilities in the public ways or upon City property; 1t. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or hankmptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that the City believes that grounds exist for revocation of this Lease, the Lessee shall be given written notice of the apparent violation, default, or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Lessee a reasonable period of time not exceeding 30 days to furnish evidence: A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation, default or noncompliance; B. That rebuts the alleged violation, default or noncompliance; and C. That it would be in the public interest to impose some penalty or sanction less than revocation. LEASE AGREEMENT - 14 FTP C. oq~ati~ya. June 14, 1999 37. HEARING. In the event that the Lessee fails to provide evidence reasonably satisfactory to the City as provided in Section 36 hereof, the City shall refer the apparent violation, default or non-compliance to the City Council. The City Council shall provide the Lessee with notice and a reasonable opportunity to be heard concerning the matter. 38. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease or through willful misconduct or gross negligence failed to heed or comply with any notice given the Lessee by the City under the provisions of this Lease, then the Lessee shall, at the election of the City Council and upon thirty (30) days prior written notice by City, forfeit ail fights conferred hereunder and the Lease may be revoked or annulled by the City Council. The City Council may elect, in lieu of the above and without any prejudice to any of its other legai fights and remedies, to pursue other remedies, including obtaining an order from the Superior Court having jurisdiction compelling the Lessee to comply with the provisions of this Lease, and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. The City Council shall utilize the following factors in anaiyzing the nature, circumstances, extent, and gravity of the violation and in making it's determination under this Section: A. Whether the misconduct was egregious; B. Whether substantial harm resulted; C. Whether the violation was intentional; D. Whether there is a history of prior violations of the same or other requirements; E. Whether there is a history of overail compliance; and F. Whether the violation was voluntarily disclosed, admitted or cured. 39. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shail be physicaily posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground instailatiuns (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. LEASE AGREEMENT - 15 FTP Cotlxnafion- June 14, 1999 40. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shah install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. Thc City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. Ifa violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 41. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 42. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shah be entitled to its reasonable attorney's fees and court costs, including appeals, if any. C. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LEASE AGREEMENT - 16 FTP ~on - Juno 14, 1999 LESSOR: LESSEE: City of Bremerton Bart Seidler or Chris Haniey Administrative Services Director FTP Corporation 239 Fourth Street 71 Yesler Way Bremerton, WA 98337 Seattle, WA 98104 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. FTP CORPORATION Date: CITY OF BREMERTON L4/~N S. HORTON, Mayor DW~~PROEuGENE S~~°r of Public Works&Utilities APPROVED AS TO FORM: ~ ~M.~LAN(~A, City Attorney # // LEASE AGREEMENT - 17 FTP Corporation - Jut~ 14, 1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of ~/~C~ On ~ ~ / I ? ~ ? 0eforeme, personally ~p~r~ personallyknown to me - satisfacto~ eviOence to the person(s) w~ose name(s) i~are subscribea to the within instrument and acknowledged to me that he/she/they ex~uted the same in ~i~her/t~eir aut~orizea ~paci~(ies), and that by hi.her/their signature(s) on the instmment~e ~n(s), or the enti~ upon Dehalf ot w~icfl the pemon(s) acted, . ~ ~ ~ ~ . ~ ~ ~ ~ ex~t~theinst~ment. r ~ ANNIE NOBILtONE ~~ ~T~yCOMM'~IC~IFORNIA~1188972 ~o O~~ WITNESS my hand an~ official seal. - ~ ~ ~ ~ ~ ~t ~M~ by Mw, it ~y ~ v~ ~ ~ ~ ~ ~ ~ ~ ~ ~nt f~~~~ ~ rodent. ~scri~on of A~ch~ D~ument ~tle or Ty~ of D~ument: Document Date: NumDer of Pages: Signer(s) ~her Than Named Above: Capaci~(ie.) Claim~ by Signe~s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Co~mte ~i~r ~ Co.orate Officer ~tle(s): ~tle(s): : Pa~ner -- ~ Dmited ~ General ~ Pa~ner -- ~ Limite~ ~ General ~ AEomey-in-Fact ~ A~omey-in-Fact ~ Trust~ ~ Trustee ~ Guardian or Consewator ~ Gua~ian or Con~wator ~ Otben ~ ~her: Signer Is Representing: Signer Is Representing: State of Washington ) ) SS. County of Kitsap ) On this ~ day of~_~~, 19 c~ , personally appeared Lynn S. Horton to me known to be the MSyor of~e City ofBremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and ye 'ar~ Notary P~lic~ and'fo~' the Sta(~ of Washington Residing at My commission expires: RECEIVED FOR FILING: LEASE AOREEMENT - 18 FTp Conporafion - June 14, 1999 FTP CORPORATION 71 Yesler Way Seattle, Washington 98104 Chris Hanley (206) 405-4210 (206) 622-5544 Kathleen McClusky, Director Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98337 April 7, 1999 Dear Ms. McClusky: As discussed with Paula Johnston, we are applying for a transfer of the lease to the property, which is now leased from the City for KBRO Radio. FTP Corporation is providing the following so that we may process the lease transfer as soon as possible: 4A. Identity and Legal Status: FTP Corporation 4B. Name, Address, Phone, Title of Responsible Officer: Bart Seidler or Chris Hanley FTP Corporation 71 Yesler Way Seattle, WA 98104 (206) 622-5544 or (206) 405-4211 Executive Offices: (415) 346-2323 4C. Services to be provided: Minority/Community Radio Programming 4D. Description of the telecommunication facilities or other equipment Proposed to be located on City property: AM Broadcast Bank transmitter, antenna and associated equipment, Comprised of equipment located in building on-site and one 9" x 9' x 150' tapered, self-supporting tower as the radiator. 4E. Description of the City Property upon which the Applicant proposes to locate Telecommunications facilities or other equipment: A portion of the SE quarter of the SW quarter of the SE quarter of Section 15, Township 24 N, Range I E, W.M., more particularly described As follows: BEGINNING at the SE comer of the SE quarter of the SW quarter of the Of the SE quarter of Said Section 15; then N 89 00'22" W on the S line of Said Section 15 at a distance of 585.46 feet; thence N 0 59'34i' E n distance of 254.81 feet to the true point of BEGINNING; thence N 67 10'07" W a distance of 45.00 feet; thence N 22 29'53" E a distance of 35.00 feet; thence S 67 10'07" E a distance of 45.00 feet; thence S 22 39'53" W a distance of 35.00 feet to the true point of BEGINNING; containing 0.036 acres. 4F. Signed set of Owner's drawings, Preliminary Plans and Specifications in sufficient detail to identify: Manufacturer standards, punch list or workmanship inspections for future Sign-off by City inspectors for all telecommunications facilities being Proposed by Lessee. Equipment is type-accepted by Federal Commqnications Commission (FCC) for use in the AM Broadcast Band. The location(s) of existing telecommunications facilities or other equipment upon City property, whether publicly or privately owned. All equipment, with the exception of the radiating tower, is located Within the 16' x 16' block building existing on City property. The Radiating tower is situated on four concrete pier foundations located To the East of the building. The location and source of electric and other utilities required for the Installation and operation of the proposed facilities. Electric Utility: The source of electrical power is a pole-mounted Transformer provided by Puget Sound Energy, located at the North Side of the intersection of First and Hartford Streets. Telephone Utility: The source of telephone utilities is a pedestal provided by US We~.~ located a~jacent to thc re. cie gate for the C~ty owned gravel Road leading to the top of Forest Ridge Park. 4G. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the Aesthetic impacts of the proposed telecommunications facility or other equipment. See Attachment A and Attachment B. 4H. Whether the Applicant intends to provide CabLe service, video dial tone service or other Video programming service, and sufficient information to determine whether such service is subject to Cable Franchising. No video service of any kind is planned. S'"c k A 4I. An accurate map showing the location of any existing telecommamications facilities in the City that Applicant intends to use or lease. See Attachments A and B located on the site described in 4E above. 4J. Description of Services: Radio/Public Service announcements. 4K. Evidence that the Applicant has explored possible co-location sites on existing tower Sites on City or private property. This is an existing tower site on City owned property. 4L. As requested by the City, please see Attachments for FCC License~ 4M. Application fee. ?. Compensation to the City This Lease is subject to the City's right, which is expressly reserved, to Annually f'Lx a fair and reasonable compensation to be paid for the rights Granted to the Lessee; starting on the Commencement Date and on the First day of each month thereafter during the term ofthe Lease, Lessee shall Pay a rent at a rate of an increase based upon the CPI. We look forward to a long-standing, continued relationship with the City of Bremerton. If there are any questions as to our application, please do not hesitate to call. Cordially, Bart Seidler cc: Paula Johnston Enclosures UNITED STATES OF AMERICA FEDERAL COb~fU-NICATIONS COIV~fISSION ~-~' WASHINGTON, D.C. 20554 ~B 5 1999 CONSENT TO ASSIGNMENT: FROM: WASHINGTON BROADCAST MANAGEMENT COMPANY, INC. CONSENT TO TRANSFER: TO: FTP CORPORATION Licensee/Permittee: (for transfer only) AUXILIARy CLASS CALLSIGN FILE# STATION LOCATION STATIONS AM KBRO RAL-980204EH BREMERTON, WA ALL CURRENTLY AUTHORIZED AUXILIARY STATIONS Conditions: Grant of the proposed in BAL-980204EH is subject to the prior or concurrent consummation of the transaction proposed in BTC-980421HU. Under authority of the Communications Act of 1934, as amended, the consent of the Federal Communications Commission is hereby granted to the transaction indicated above. The Commission*s consent to the above is based on the representations made by the applicants that the statements contained in, or made in connection with, the apblication are true and that the undertakings of the parties upon which this transaction is authorized will be carried out in good faith The actual consummation of voluntary transactions shall be completed within 90 days from the date hereof, and notice in letter form thereof shall promptly be furnished the Commission by the buyer showing the date the acts necessary to effect the transaction were completed Upon furnishing the Commission with such written notice, this transaction will be considered completed for all purposes related to the above described station(s) FCC Form 323, Ownersh p Report. must be filed within 30 days after consummation, by the licensee/permiftee or assignee. ADDITIONAL REQUIREMENTS FOR ASSIGNMENTS ONLY: It is hereby directed that. upon consummation, a copy of this consent be posted with the station authorizations(s) as required by the Commission's Rules and Regulations. The assignee is not authorized to construct nor operate said station(s) unless and until notification of consummation in letter form has been forwarded to the Commission. ACCM0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY'n 1111912015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OP INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMACr Carolina Pabon NAME: PABON INSURANCE AGENCY PHO No EXT):206-783-6664 I aGNe): 206-783-6665 13030 LINDEN AVE N STE AADDRE SS: mpabon©faarmersagent.com SEATTLE WA 98133 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Scottsdale Insumace Co. 41297 INSURED INSURER e Iglesia Pentecostal Vispera del Fin INSURER C DBA:Centro Familiar Crislano INSURER D: 9832 17th Ave SW INSURER E Seattle WA 98106 INSURERF- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DAR TYPE OF INSURANCE ADOL SUER POUCY EFF POLICY EXP DIYLIMITS LTRMSR WVD POLICY NUMBER IMMIOYYY) IMM/00111111 GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL UABILRY PREMISES(Ea occurrence) $ • CLAIMS-MADE El OCCUR MED EXP(Any one person) $ 5,000 A Y CPS2183005 05/10/2015 05/1012016 PERSONAL 8 ADV INJURY $ Excluded GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY'GI JECa'f 17 LOC $ AUTOMOBILE UAaILRY COMBINED SINGLE LIMIT (Ea accidano $ _ ANY AUTO BODILY INJURY(Per peraon) - $ ALL OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) S AUTOS NON-OWNED PROPERTY DAMAGE$ HIRED AUTOS _AUTOS Per actIden0 $ UMBRELLA LIAB _OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION S _ $ WORKERS COMPENSATION I TORV'UAL;I% IPR AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YI0N NIA EL.EACH ACCIDENT $ OFFICERMIEMBER EXCLUDED? (Mandatory In NH) El.DISEASE-EA EMPLOYEE$ II yes,ANODE.under DESCRIPTION OF OPERATIONS below EI.DISEASE-POLICY UMI S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mon span Is required) Certificate holder Is named as an additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE••OVE DESCRI D POUCIES BE CANCELLED BEFORE City of Bremerton Attn:Public Works THE EXPIRATION DA THEREOF, NOTICE WILL BE DELIVERED IN Forestry/Natural Resources ACCORDANCE WITH TN=POLICY PRO SIGNS. 110 Summit Avenue North •,.� =••ESENTATIVE Bremerton WA 98312 ACORD 25(2010/05) „ rt 1988-20 I •CORD C••-ORATION. All rights reserved. The ACORD name and logo are registered ma ': • ACO-a POLICY NUMBER: CPS2183005 COMMERCIAL GENERAL LIABILITY CG 2011 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises(Part Leased To You): 110 Summit Avenue North Bremerton,WA 98312 Name Of Person(s)Or Organization(s)(Additional Insured):CITY OF BREMERTON ATTN:PUBLIC WORKS FORESTRY/NATURAL RESOURCES BREMERTON,WA 98312 Additional Premium: $100.00 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 2. If coverage provided to the additional insured is include as an additional insured the person(s)or required by a contract or agreement,the insurance organization(s)shown in the Schedule,but only with afforded to such additional insured will not be broader respect to liability arising out of the ownership, than that which you are required by the contract or maintenance or use of that part of the premises leased agreement to provide for such additional insured. to you and shown in the Schedule and subject to the • B. With respect to the insurance afforded to these following additional exclusions: additional insureds,the following is added to Section III—Limits Of Insurance: This insurance does not apply to: If coverage provided to the additional insured is 1. Any"occurrence"which takes place after you required by a contract or agreement,the most we will cease to be a tenant in that premises. pay on behalf of the additional insured is the amount 2. Structural alterations,new construction or of insurance: demolition operations performed by or on behalf of 1. Required by the contract or agreement;or the person(s)or organization(s)shown in the 2. Available under the applicable Limits of Insurance Schedule. shown in the Declarations; • whichever is less. However: 1. The insurance afforded to such additional This endorsement shall not increase the applicable Limits , insured only applies to the extent permitted by law;. , of Insurance shown in the Declarations. and CG 2011 0413 Copyright,Insurance Services Office,Inc.,2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Limits of Insurance General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal&Advertising Injury Limit $excluded Each Occurrence Limit $2,000,000 Damage To Premises Rented To You Limit $100,000 Any One Premises Medical Expense Limit $5,000 Any One Person (if no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) • The limits of insurance shown in the Declarations are replaced by the limits designated in the Schedule or in the Declarations as subject to this endorsement with respect to which an entry is made. • • CG 25 02 07 98 Copyright,Insurance Services Office,Inc.,1992 Page 1 of 1 • 0 • ` '` ,,. City Clerk Shannon L. Corin, CMC Z 40 . City.Clerk@ci.bremerton.wa.us 11 T4� City clerk@cibrem erton.wa.0 s May 11, 2018 345 6th Street,Suite 100 Bremerton,WA 98337-1891 VIA ELECTRONIC MAIL Manny Ling Iglesia Pentecostal Visperadel Fin &Seattle Streaming Radio LLC 10612 15th Ave SW Seattle WA 98106 RE: Commercial Broadcast Facility Lease Agreement No.4022 Tower at Forest Ridge Park Dear Mr. Ling, The above lease payments are now six months in arrears, which is a violation of the above lease agreement. Pursuant to Section 36 of the lease agreement, this letter services as written notice of the violation. You have 30 days from the date of this letter to bring the account to current status. Failure to do so will result in termination of the lease pursuant to Section 351. Attached is the May Statement and the invoice for May 2018 for your convenience. IGLESIA PENTECOSTAL VISPERADEL FIN CUSTOMER NO:8557 1% DATE INVOICE LEASE AMT L/H TAX TOTAL BALANCE INTEREST 12/1/2017 LEAS002043 $ 874.14 $ 112.24 $ 986.38 $ 986.38 0 1/1/2018 LEAS002061 $ 874.14 $ 112.24 $ 986.38 $ 1,972.76 $ 9.86 2/1/2018 LEAS002079 $ 874.14 $ 112.24 $ 986.38 $ 2,959.14 $ 19.73 3/1/2018 LEAS002095 $ 874.14 $ 112.24 $ 986.38 $ 3,945.52 $ 29.59 4/2/2018 LEAS002114 $ 874.14 $ 112.24 $ 986.38 $ 4,931.90 $ 39.46 5/2/2018 LEAS002130 $ 874.14 $ 112.24 $ 986.38 $ 5,918.28 $ 49.32 $ 5,244.84 $ 673.44 $ 5,918.28 $ 147.96 Payments received $ - Sub-total $ 5,918.28 Interest $ 147.96 TOTAL $ 6,066.24 CITY OF BREMERTON STATEMENT Page 1 ' FINANCE DEPARTMENT Date: May 02, 2018 of 1 345 6TH STREET SUITE 100 , BREMERTON, WA 98337`-1891 PHONE: 360-473-5208x Balance Due: -510 . s FAX: 360-473-5200x �� O�r Charges Due: 6 10 y;4 Total on Account: . 00 Cust No: 8557 Last Statement Date: 04/03/2018 IGLESIA PENTECOSTAL VISPERADEL FIN & SEATTLE STREAMING RADIO LLC 10612 15TH AVE SW SEATTLE, WA 98106 Inv Date Inv Number C Charges Payments Adjustments Amount Due 12/01/2017 LEAS002043 C 986.38 .00 .00 986.38 01/01/2018 LEAS002061 C 986.38 .00 .00 986.38 02/01/2018 LEAS002079 C 986.38 .00 .00 986.38 03/01/2018 LEAS002095 C 986.38 .00 .00 986.38 04/02/2018 LEAS002114 C 986.38 .00 .00 986.38 05/02/2018 LEAS002130 C 986.38 .00 .00 986.38 Tat ILf 7,q o To-raj (00 (, b , 24- PAST 0 (, b , 2 - DELINQUENT OVER 0 DAYS OVER 30 DAYS OVER 60 DAYS OVER 90 DAYS AMOUNT 986 . 38 986 . 38 1, 972 . 76 986 . 38 CITY OF BREMERTON INVOICE: LEAS002130 Page 1 FINANCE DEPARTMENT Date: May 02 , 2018 of 1 345 6TH STREET SUITE 100 . BREMERTON,WA 98337-1891 Service: LEASE -LONG TERM Customer PO: PHONE: 360-473-5208x Customer Ph: FAX: 360-473-5200x Terms: NET 15 DAYS Due Date: May 17 , 2018 Customer Number: 8557 Service Address: IGLESIA PENTECOSTAL VISPERADEL FIN SEATTLE STREAMING RADIO, LLC & SEATTLE STREAMING RADIO LLC PO BOX 348 10612 15TH AVE SW SEDALIA, CO 80135 SEATTLE, WA 98106 Description Qty Unit Price Total Price Tax LONG TERM LEASE 73 1 . 00 986 . 38 986 . 38 N Total Charges: 986 . 38 Total Tax: 0 . 00 Total Invoice: 986 . 38 Payments: 0 . 00 Adjustments: 0 . 00 Total Due: 986 . 38 City Clerk Shannon L. Corin, CMC City.Clerk@ci.bremerton.wa.us I Sr. (1,, ,(•-•&' — BREMERTON THE CITY OF PCIDE AND OPPORTUNITY cay.derk9a.bcemenor.wa.45 !:r January 24, 2018 345 6th Street Suite 100 Bremerton,WA 98337-1891 VIA ELECTRONIC MAIL Manny Ling Iglesia Pentecostal Visperadel Fin & Seattle Streaming Radio LLC 10612 15th Ave SW Seattle WA 98106 RE: Commercial Broadcast Facility Lease Agreement No. 4022 Tower at Forest Ridge Park Dear Mr. Ling, The above lease payments are now six months in arrears, which is a violation of the above lease agreement. Pursuant to Section 36 of the lease agreement, this letter services as written notice of the violation. You have 30 days from the date of this letter to bring the account to current status. Failure to do so will result in termination of the lease pursuant to Section 351. Attached is the November Statement and the invoice for December 2017 for your convenience. Best Regards, g , Shannon L. Corin, CMC City Clerk /sic Enclosure cc: File CITY OF BREMERTON STATEMENT PAGE 1 FINANCE DEPARTMENT .r DATE: May 05, 2017 OF 1 345 6TH STREET SUITE 600 BREMERTON, WA 98337-1873 PHONE: 360-473-5208x BALANCE DUE: 5, 745 .90 FAX: 360-473-5200x CHARGES DUE: 5, 745 .90 TOTAL ON ACCOUNT: .00 CUST NO: 8557 LAST STMNT DATE: 04/04/2017 IGLESIA PENTECOSTAL VISPERADEL FIN & SEATTLE STREAMING RADIO LLC 10612 15TH AVE SW SEATTLE, WA 98106 -INV DATE- INV NUMBER C ----CHARGES ---PAYMENTS ADJUSTMENTS -AMOUNT DUE 12/01/2016 LEAS001849 C 957.65 . 00 .00 957 .65 01/23/2017 LEAS001868 C 957.65 . 00 .00 957 .65 02/03/2017 LEAS001886 C 957.65 . 00 .00 957 .65 03/01/2017 LEAS001901 C 957 .65 .00 .00 957 .65 04/03/2017 LEAS001919 C 957 .65 .00 . 00 957 .65 05/01/2017 LEAS001934 C 957.65 .00 .00 957 .65 DELINQUENT OVER 0 DAYS OVER 30 DAYS OVER 60 DAYS OVER 90 DAYS AMOUNT 957.65 957.65 1, 915 .30 957 .65 . CITY OF BREMERTON STATEMENT Page 1 FINANCE DEPARTMENT Date: Apr 04, 2017 of 1 345 6TH STREET SUITE 600 BREMERTON, WA 98337-1873 PHONE: 360-473-5208x Balance Due: 4 , 788 . 25 FAX: 360-473-5200x Charges Due: 4 , 788 . 25 Total on Account: . 0 0 Cust No: 8 5 5 7 Last Statement Date: 04/04/2017 IGLESIA PENTECOSTAL VISPERADEL FIN & SEATTLE STREAMING RADIO LLC 10612 15TH AVE SW SEATTLE, WA 98106 Inv Date Inv Number C Charges Payments Adjustments Amount Due 12/01/2016 LEAS001849 C 957.65 .00 .00 957.65 01/23/2017 LEAS001868 C 957.65 .00 .00 957.65 02/03/2017 LEAS001886 C 957.65 .00 .00 957.65 03/01/2017 LEAS001901 C 957.65 .00 .00 957.65 04/03/2017 LEAS001919 C 957.65 .00 .00 957.65 DELINQUENT OVER 0 DAYS OVER 30 DAYS OVER 60 DAYS OVER 90 DAYS AMOUNT 957 . 65 1, 915 . 30 . 00 957 . 65 I.. rj WSLEA 2017 Conference Employer Tax Identification Number 26.4245065 Tuesday, May 9 - Friday, May 12,2017 Campbell's Resort-104 W Wooden,Chelan,WA 98816 Make RESERVATIONS directly with hotel by April 8,2017 Reservation #304020 (800)553-8225 Traditional Room $138.00 Deluxe Room$186.o0 CONFERENCE REGISTRATION: Please mail this form before April 22,2017 to: Kristine Redmond,LEOFF MEDICAL 808 W SPOKANE FALLS BLVD SPOKANE WA 99201 REGISTRATION QUESTIONS: Kristine Redmond-Phone-509-625-6531 CONFERENCE QUESTIONS: Linda Alvar-Phone-425-330-1653 FULL EARLY registration PAID by check prior to April 22,2017 # L @$400--Axt,W Includes all meals and events for conference delegates (Payment must be received prior to April 22,2017 for Purchase Orders to qualify as early registration) FULL LATE registration PAID by check after April 22,2017 # @$425=$ SINGLE DAY registration(excluding Banquet) # @$200=$ BANQUET TICKET-Wednesday(included in full registration) # @$45= $ GUEST MEALS All guests who will be eating conference meals Must purchase a meal ticket(includes Banquet) # @$200=$ Guest Name: //�� TOTAL AMOUNT ENCLOSED OR PURCHASE ORDER NUMBER: P.O.# $v4,,7w a I WILL ATTEND THE SECRETARY'S ROUNDTABLE Yes No 1St or 2nd Conference Delegate's Name: / Title:` ciJurisdiction/Organization: © f- -f��r�Un Address: 31-1-- 1 14-q 1,00 ' City&Zip: �iM - G�337 Phone: (-5126) �,, `7 73-5323 CANCELLATION POLICY:There ism 525.OQadmnistrative fee for any cancellation.Cancellations received by e-mail or in writing must be postmarked by April 22,_2917 to receive a refund minus the$25.00 administrati_v_e fee. Cancellations_recef_v_ed Aprril z3„_21317 or later may receive a refund,minus the administrative fee of $25.00 and the cosLQf meaIs_upen WSLEA_Executive Board approval. PLEASE COMPLETE ONE FORM FOR EACH DELEGATE ATTENDING 02/22/2017 7�ti WSLEA 2017 Conference Employer Tax Identification Number 26-4245065 Tuesday, May 9 - Friday, May 12,2017 Campbell's Resort-104 W Wooden,Chelan,WA 98816 Make RESERVATIONS directly with hotel by April 8,_2gi7 Reservation #304020 (800)553-8225 Traditional Room $138.00 Deluxe Room$186.00 CONFERENCE REGISTRATION: Please mail this form before April 22,2017 to: Kristine Redmond,LEOFF MEDICAL 808 W SPOKANE FALLS BLVD SPOKANE WA99 201 REGISTRATION QUESTIONS: Kristine Redmond-Phone-509-625-6531 CONFERENCE QUESTIONS: Linda Alvar-Phone-425-33o-t653 FULL EARLY registration PAID by check prior to April 22,2017 # @$400=11A111),!)U Includes all meals and events for conference delegates (Payment must be receiver prior to April 22,2017 for Purchase Orders to qualify as early registration) FULL LATE registration PAID by check after April 22,2017 # @$425=$ SINGLE DAY registration(excluding Banquet) # @$200=$ BANQUET TICKET-Wednesday(included in full registration) # @$45= $ GUEST MEALS All guests who will be eating conference meals Must purchase a meal ticket(includes Banquet) # @$200=$ Guest Name: ,I� TOTAL AMOUNT ENCLOSED OR PURCHASE ORDER NUMBER: P.O.# $v'1`�'�•J 0-1 I WILL ATTEND THE SECRETARY'S ROUNDTABLE Yes No 1st or 2nd Conference Delegate's Name: Title: Jurisdiction/Organization: (tel D `f &GIYI e""VT? Address: 14- ‘,0-t.)31" -- lO `" , fov X City&Zip: f �'SIM tri-z,,),1 ct 337 Phone: (o) 7�-��•23 CANCELLATION POUCY__There_is a$25.0_Ladminiistrative fee for any cancellation—Cancellations rese ev d__by e-mail or in writing mustbe postmarked by April 22,2o17Oreceive_a_reftmd__minus_the__$ZS.00 administrative feeLCancellations_received_April_23,zo17 or later may receive a refund minus the administrative fee of $25.00 and the_cost of meals_upon YSLEA Executive_Board_a_pproval. PLEASE COMPLETE ONE FORM FOR EACH DELEGATE ATTENDING 02/22/2017 I..Xrj WSLEA 2017 Conference Employer Tax Identification Number 26.4245065 Tuesday, May 9 - Friday, May 12,2017 Campbell's Resort-104 W Wooden,Chelan,WA 98816 Make RESERVATIONS directly with hotel by April 8 ol.l_Re$ervation #304020 (800)553-8225 Traditional Room $138.00 Deluxe Room$186.00 CONFERENCE REGISTRATION: Please mail this form before April 22,2017 to: Kristine Redmond,LEOFF MEDICAL 808 W SPOKANE FALLS BLVD SPOKANE WA 99201 REGISTRATION QUESTIONS: Kristine Redmond-Phone-509-625-6531 CONFERENCE QUESTIONS: Linda Alvar-Phone-425-330-1653 FULL EARLY registration PAID by check prior to April 22,2017 # @$400=AM W.1" Includes all meals and events for conference delegates (Payment must be received prior to April 22,2017 for Purchase Orders to qualify as early registration) FULL LATE registration PAID by check after April 22,2017 # @$425=$ SINGLE DAY registration(excluding Banquet) # @$200=$ BANQUET TICKET-Wednesday(included in full registration) # @$45= $ GUEST MEALS All guests who will be eating conference meals Must purchase a meal ticket(includes Banquet) # @$200=$ Guest Name: TOTAL AMOUNT ENCLOSED OR PURCHASE ORDER NUMBER: P.O.# $v'17"".t I WILL ATTEND THE SECRETARY'S ROUNDTABLE Yes No 1St or ed Conference Delegate's Name: 4Title: Jurisdiction/Organization: C---/ D I &?/net"IZ)ri Address: 31-1"� 1p `" � - (tot.)City&Zip: IAA tr 11.4-1 qGg 337 Phone: (3/a)) CANCELLATION POLI Y:_Ther__e_is a$25.00 administrative_fee for any cancellation.Cancellations receivecdby e-mait r inwr ing_must be postmark by April 22,2017 to receive a refund minus the 525.o9_administratjve fee. Cancellations receiv_esLApril_23,_2017 or later may receive a ref minus the administrative fee of $25,.• ,• , •St •f - u•. • Executive Board approval. PLEASE COMPLETE ONE FORM FOR EACH DELEGATE ATTENDING 02/22/2017 CITY OF BREMERTON STATEMENT Page 1 FINANCE DEPARTMENT Date: Mar 01, 2017 of 1 345 6TH STREET SUITE 600 BREMERTON, WA 98337-1873 PHONE: 360-473-5208x Balance Due: 3 , 830 . 60 FAX: 360-473-5200x Charges Due: 3 , 830 . 60 Total on Account: . 0 0 Cust No: 8 5 5 7 Last Statement Date: 02/02/2017 IGLESIA PENTECOSTAL VISPERADEL FIN & SEATTLE STREAMING RADIO LLC 10612 15TH AVE SW SEATTLE, WA 98106 Inv Date Inv Number C Charges Payments Adjustments Amount Due 12/01/2016 LEAS001849 C 957.65 .00 .00 957.65 01/23/2017 LEAS001868 C 957.65 .00 .00 957.65 02/03/2017 LEAS001886 C 957.65 .00 .00 957.65 03/01/2017 LEAS001901 C 957.65 .00 .00 957.65 DELINQUENT OVER 0 DAYS OVER 30 DAYS OVER 60 DAYS OVER 90 DAYS AMOUNT 1, 915 .30 . 00 957 . 65 . 00 • IGLESIA PENTECOSTAL VISPERADEL FIN CUSTOMER NO:8557 1% DATE INVOICE LEASE AMT L/H TAX TOTAL BALANCE INTEREST 7/3/2017 LEAS001966 $ 874.14 $ 112.24 $ 986.38 $ 986.38 0 8/1/2017 LEAS001981 $ 874.14 $ 112.24 $ 986.38 $ 1,972.76 $ 9.86 9/1/2017 LEAS001996 $ 874.14 $ 112.24 $ 986.38 $ 2,959.14 $ 19.73 10/2/2017 LEAS002012 $ 874.14 $ 112.24 $ 986.38 $ 3,945.52 $ 29.59 11/8/2017 LEAS002026 $ 874.14 $ 112.24 $ 986.38 $ 4,931.90 $ 39.46 12/1/2017 LEAS002043 $ 874.14 $ 112.24 $ 986.38 $ 5,918.28 $ 49.32 $ 5,244.84 $ 673.44 $ 5,918.28 $ 147.96 Payments received $ - Sub-total $ 5,918.28 Interest $ 147.96 TOTAL $ 6,066.24 CITY OF BREMERTON INVOICE: LEAS 0 0 2 0 4 3 Page 1 FINANCE DEPARTMENT Date: Dec 01, 2017 of 1 345 6TH STREET SUITE 100 BREMERTON,WA 98337-1873 Service: LEASE -LONG TERM Customer PO: PHONE: 360-473-5208x Customer Ph: FAX: 360-473-5200x Terms: NET 15 DAYS Due Date: Dec 16, 2017 Customer Number: 8557 Service Address: IGLESIA PENTECOSTAL VISPERADEL FIN SEATTLE STREAMING RADIO, LLC & SEATTLE STREAMING RADIO LLC PO BOX 348 10612 15TH AVE SW SEDALIA, CO 80135 SEATTLE, WA 98106 Description Qty Unit Price Total Price Tax LONG TERM LEASE 73 1 . 00 986 . 38 986 . 38 N WE MOVED, PLEASE UPDATE YOUR RECORDS OUR NEW ADDRESS IS: CITY OF BREMERTON FINANCE DEPARTMENT 345 6T"STREET SUITE 100 BREMERTON WA 98337-1873 Total Charges: 986 . 38 Total Tax: 0 . 00 Total Invoice: 986. 38 Payments: 0 . 00 Adjustments: 0 . 00 Total Due: 986 . 38 IGLESIA PENTECOSTAL VISPERADEL FIN CUSTOMER NO:8557 1% DATE INVOICE LEASE AMT L/H TAX TOTAL BALANCE INTEREST 7/3/2017 LEAS001966 $ 874.14 $ 112.24 $ 986.38 $ 986.38 0 8/1/2017 LEAS001981 $ 874.14 $ 112.24 $ 986.38 $ 1,972.76 $ 9.86 9/1/2017 LEAS001996 $ 874.14 $ 112.24 $ 986.38 $ 2,959.14 $ 19.73 10/2/2017 LEAS002012 $ 874.14 $ 112.24 $ 986.38 $ 3,945.52 $ 29.59 11/8/2017 LEAS002026 $ 874.14 $ 112.24 $ 986.38 $ 4,931.90 $ 39.46 $ 4,370.70 $ 561.20 $ 4,931.90 $ 98.64 Payments received $ - Sub-total $ 4,931.90 Interest $ 98.64 TOTAL $ 5,030.54 CITY OF BREMERTON INVOICE: LEAS 0 0 2 0 2 6 Page 1 FINANCE DEPARTMENT Date: Nov 08 , 2017 of 1 345 6TH STREET SUITE 600 BREMERTON,WA 98337-1873 Service: LEASE -LONG TERM Customer PO: PHONE: 360-473-5208x Customer Ph: FAX: 360-473-5200x Terms: NET 15 DAYS Due Date: Nov 23 , 2017 Customer Number: 8557 Service Address: IGLESIA PENTECOSTAL VISPERADEL FIN SEATTLE STREAMING RADIO, LLC & SEATTLE STREAMING RADIO LLC PO BOX 348 10612 15TH AVE SW SEDALIA, CO 80135 SEATTLE, WA 98106 Description Qty Unit Price__ Total Price Tax LONG TERM LEASE 73 1 . 00 986 . 38 986 . 38 N Total Charges: 986 . 38 Total Tax: 0'. 0 0 Total,Invoice:;, 986 . 38 Payments: 0 , 0 0 Adjustments: 0 .0 0 Total Due: 986 . 38