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HomeMy WebLinkAbout3903 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 3903 CROWN CASTLE INTERNATIONAL INC Telecomm Facility - Anderson Creek PW Admin LEG 16-3 05/01/1998 04/30/2008 02/15/2011 01/01/2011 (formerly Global Signal also Sprint also Qwest) Merged as of 1/12/07 - their site #880446 New lease 3/09 " FIRST AMENDMENT TO TELECOMMUNICATIONS FACILITIES OPTION AND LEASE AGREEMENT This First Amendment to Telecommunications Facilities Option and Lease Agreement ("Amendment") is made and entered into as of the La f'V day of T4.-JII" r~ , 200f ("Effective Date''), by and between STC Five, LLC, assignee of Sprint Spectrum, L.P. (assignee of Qwest Wireless, LLC, successor in interest to US Wireless) ("Lessee") by and through its attorney in fact, Global Signal Acquisitions II LLC and City of Bremerton, State of Washington (collectively, the "Lessor''), for the benefit of Sprint (hereinafter "Subtenant"). RECITALS WHEREAS, Lessee leases from Lessor a portion of certain real property (hereinafter the "Site'') located at 3000 Block Highway 16 SW, Port Orchard (Kitsap County), W A (hereinafter the "Property'') pursuant to that certain Telecommunications Facilities Option and Lease Agreement dated April 30, 1998 (the hereinafter "Agreement''); and WHEREAS, Lessee desires to obtain Lessor's consent to a reconfiguration by Subtenant whereby Subtenant will replace a portion of its equipment installed at the Site with a 11 'x20' equipment shelter (the "Reconfiguration") the execution of the Sublease and the use of the Site by Subtenant, pursuant to which the Subtenant will utilize and occupy certain space within the Site and on the telecommunications tower facility constructed thereon for the installation, operation, maintenance, removal and replacement of certain equipment thereon. OPERATIVE PROVISIONS NOW THEREFORE, in consideration of $10 and the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the parties hereby agree as follows: 1. Lessor hereby gives, grants and acknowledges Lessor's consent to the Reconfiguration. 2. Lessor shall cooperate with Lessee and agrees to execute any necessary applications, documents or materials as may be required or requested by Lessee to obtain building, permitting, zoning or land-use permits or other approvals (hereinafter "Approvals") from all appropriate local, state and/or federal agencies. Lessor does hereby authorize Lessee, its agents, employees or representatives, to prepare, file, and submit on behalf of Lessor all applications or consents for such Approvals. 3. The parties hereby agree and acknowledge that all notices provided pursuant to the Agreement shall also be sent to the following address: GOI'l.( Cil)llcase amendment If to Lessee: STC Fivel LLC Clo Global Signal Acquisitions II LLC Attn: Lease Administration 301 North Cattlemen Drive, Suite 300 Sarasota, FL 34232 5. All capitalized terms not defined herein shall have the meanings given such terms in the Agreement. The Agreement, as altered and modified herein, remains in full force and effect and is hereby restated, ratified and confirmed in accordance with its original terms, as amended hereby. Nothing herein shall represent a waiver of any terml condition or covenant of the Agreement, nOT preclude either party from requiring strict performance with the terms and conditions of the Agreement at any time in the future. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. LESSEE: STCFive, LLC By: Global Signal Acquisitions nILe Its: Attorney in Fact By: Global Signal Services LLC, Its nager ~ ----- By: N . Jason Catalini As Its: Senior Director, Real Estate [Seal] LESSOR: ~ City of Bremerto By: Its: Oorsl City lease amendment ~ I.:llidlord 1 ,,)~ ".^ Qwest Wireless, L.L.C. 4301 East Colfax Avenue, Room 314 Denver, Colorado 80220 Phone 303.398.8493 Facsimile 303.398.8497 if ~9()~ Sprint Spectrum L.P. 6160 Sprint Parkway KSOPH10404-4C555 Overland Park, Kansas 66251 800-357-7641 June 25, 2004 Via ~I tJCf rt.fJ City of Bremerton Attn: Regina Raney 239 Fourth Street Bremerton, Washington 98310 Re: Telecomrnunications Facilities Option and Lease Agreement, for the Site located at Anderson Creek J'pr i.,J. ( ]) if. S E03]ZC,4. 25 Dear Regina Raney: As we previously advised, Qwest Wireless, L.L.C. ("Qwest") entered into an agreement with Sprint Spectrum L.P. ("Sprint") that allows Qwest to offer Qwest customers national cellular telephone service over Sprint's network. As part of the transaction, on 1/28/2004, Qwest requested that you evidence your consent to Qwest's assignment of the above-referenced Lease of the Site to Sprint. You subsequently returned your executed Consent, which was dated 2/3/2004. This letter serves as official notification and confirmation that the transaction between Qwest and Sprint is complete as to the Site. Effective the 9th day July, 2004 (the "Effective Date"), the Lease has been assigned to Sprint. On and after the Effective Date, Sprint will be the "Tenant" for all purposes under the Lease, and all future notices and contacts to "Tenant" under the Lease should be directed to: Sprint Spectrum L.P. Sprint Contracts and Performance MIS: KSOPHTOI0I-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 BRE005 I ,;J lidlnrd ] J If you have any questions or concerns regarding this matter, please contact Sprint's Landlord Hotline at 1-800-357-7641. Qwest and Sprint appreciate your cooperation in this matter. Sincerely, BRE005 '1 .J MAR 08 2004 10:47 FR QWEST WIRELESS/SEA 206 345.2542 TO 919253550672 P.05 4prl~ S~lt-;'-lL4L-~ ~ Qwest.- :::!. Spirit of Service Qwest Wireless, L.LC, Real I;$'~te 1500 7" AIJ8. R/I'I. 706 Seatde, WA 98' 91 Phone 206-345-~ Facsimile :roG-345-2542 Heather Kesten " R1l31 Estate Markel Man:!;or January 28,2004 Via U.S. Certified Mail, Return Receipt ReQuested Ms Regina Raney City of Bremerton Administrative Services Director 239 Fourth Street Brcmerton W A 98310 Re: Option and Site Lease Agreement (Site Identification No. BREOOS) by and between City of Bremerton ("Landlord")} and (Qwest Wireless, L.L.c./TW Wireless, L.L,C., dated April 30, 1998 (the "Lease") - Anderson Creek, Bremerton, W A (the "Site") Ms Regina Raney: Qwest Wireless, L.L.C. has entered into an agreement with Sprint Spectrum, L.P. ("Spont"), that allows Qwest Wireless, L.L.C and its subsidiary, TW Wireless, L.L.C. (collectively "Qwest Wireless") to offer QwestWireless customers national cellular telephone service. As a result of this agreement, Qwest Wireless intends to assign all ofiIS rights, interest and obligations in the Lease to Sprint.or one of its Sprint affiliates. Under the terms of the Lease, your written approval is needed to complete this assignment. In addition, for a short transition period, Qwest will continue to require access to the Site after the assigrunent to complete the assignment process and the transition of its customers to Sprint's pes network. Qwest and Sprint equipment may continue to operate simultaneous for this short transition period. Please sign where indicated below and retum this Qriginal document back to me before February t 3, 2004, and keeping the copy that we provided for your records. For your convenience, enclosed please find a self addressed, stamped envelope. Written confirmation will be sent to you upon the completion of the assignment. If you require addilionai information, please feel free to contact Danielle Edson at 206-345-2540. Sincerely, 6t~~'zL-, MAR 08 2004 10:47 FR QWEST WIRELESS/SEA 206 345 2542 TO 919253550672 P.06 >, 1/28/2004 Page 2 of2 -. LANDLORD'S CONSENT Landlord hereby consents to the assignment of the Lease by Qwest Wireless to Sprint or to a Sprint af.filia[e company and to the access and operations during the transition period as noted above. As of the effective date of such assignment, Qwest Wireless shall be relieved of all perfonnance, liabilities and obligations under the Lease. Date: ,2004 By Name Title +Browse: Next Previous First Last Update Delete Restart X - Exit +Retrieve the Next record +Found: S Record(s) MAINTAIN Contract Transactions + Contract Number 3903 + +Vendor Name QWEST +Subject ANDERSON CREEK - TELECOMMUNICATION FACILITY +Department ADMIN SVCS +Status Code TEL + Amount + Begin Date 05/01/1998 + Insurance End Date 04/30/2008 + Type Amount Review Date 01/01/2008 + GL $2000000.00 + AL $2000000.00 + + Insurance Total $4000000.00 + Insurance Review Date 04/01/2003 + + Comments + + TELECOMMUNICATIONS FACILITIES OPTION AND 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 (hereinai~er referred to as "City") and U S WEST WIRELESS, L.L.C. (hereinafter referred to as "Lessee"). WITNESSETH: 1. PREMISES. Upon exercise of the option granted to Lessee in Section 6 of this Lease, the City hereby leases to the Lessee real property located at Anderson Creek 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). Upon exercise of its option, 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 ever~ 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 US WEST WIRELESS - 1 Anderao~ Creek - April 7, 1998 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 properly 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 ail 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). 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 of the 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; C. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, to persons, finns, businesses or institutions within the City, or to those outside the City limits using facilities located within the City; US WEST WIRELESS - 2 Andea~ Cr~k. April 7, 1998 1). 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. O) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. G. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment; 1t. 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; I. 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; IC 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 M. A non-refundable application fee of Five Hundred and No/100 Dollars ($500.00). US WEST WIRELESS - 3 Andemoa Cr~k - ,a4~il 7, 1998 5. 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. 6. OPTION. The City, for and in consideration of One Thousand and No/100 Dollars ($1,000.00), this Lease and mutual considerations, the receipt of which is hereby acknowledged, does hereby grant and convey unto Lessee, its successors, assigns, and agents an option to lease the Premises as set forth in this Lease. This option to lease City's property may be exercised by Lessee at any time within the first twelve (12) months of the date of this Agreement (option period) by providing City with written notice of Lessee's intent. During the option period Lessee, its agents, engineers, or contractors shall have the right to enter upon City's property to inspect, examine, sample and conduct all engineering tests or studies of the Premises, to apply for and obtain all licenses and permits required for the Lessec's use of the Premises from all applicable governmental or regulatory entities, and otherwise do those things on the Premises that, in the opinion of Lessee, are necessary to determine the physical condition of the Premises. City's title to the Premises, and the feasibility or suitability of the Premises for Lessee's use, all at Lessec's expense. Lessee shall not be liable to City or any third party on account of any pre- existing defect or condition on or with respect to the Premises, whether or not such defect or condition is disclosed by Lessee's inspection, although Lessee shall be responsible for any damage, loss or destruction to the Premises as a result of the actions of its employees, representatives or agents during the due diligence activities. 7. TERM OF LEASE. This Lease shall be valid for a term often (10) year(s) commencing upon exercise of option described in Section 6. 8. 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. 9. 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 Lessec'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. The Lessee shall cooperate with all other tenants to identi~ 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 US WEST WIRELESS - 4 Anderson Croek- A~il 7, 1998 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 12.B. 10. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and ail other improvements, except telecommunications equipment, shail become the property of the City upon expiration or termination of the Lease. In the event that the City requires removai of such improvements at, er 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. Additionai time may be granted upon the discretion of the City which approvai shail not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property at, er expiration or termination of the lease, they shail, 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 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. 11. CANCELLATION OF LEASE BY LESSEE. A. Ail Leases are contingent upon the Lessee obtaining ail necessary permits, approvais 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 shail have the right to cancel the Lease upon 120 days written notice to the City. However, no prepaid rent shall be refundable. 12. COMPENSATION TO TIlE CITY. A. Starting on the first of the next month after Lessee has received City approvai for zoning, the rent commencement date, and on the first day of each month therea~er during the term of the Lease, Lessee shall pay rent at a rate of Four Hundred Sixteen and 67/100 Dollars ($416.67) per month, prorated for any partial months. On each anniversary of the rent commencement date, the annual rent due shall be increased by four percent (4%) over the annuai rent due for the preceding year. Lessee agrees to pay the state leasehold tax, which is directly attributable to this Lease. Any payments received after the due date shall include a late payment penaity of 2% of the annual rentai fee for each day or part thereof past the due date. The rental fee rate will be reviewed annually. US WEST WIRELESS - 5 ~ Creek - Atnil 7, 1998 B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas, that are in addition to initial attachments described in Exhibit B, to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. 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 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. Initial attachments to the new tower shall be at the expense ofU S WEST as described in Exhibit B. 13. 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. 14. 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. 15. 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 US WEST WIRELESS - 6 Ander'~,on Cro~k - Alnil 7, 1998 Section 4. Compensation for the proposed expansion will be negotiated upon approval of the application. 16. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its fights 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. 17. 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. 18. 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. 19. 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 injuo' to the premises including any City property, public ways of the City, other ways or other properly, whether publicly or privately owned, located in, on or adjacent therexo. 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. The City shall not open Lessee's equipment box without Lessee's presence on site. 20. SIGNAGE. Lessee shall display a current sign on telecommunication facilities identifying Lessee, address and a 24 hour phone number. 21. 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 reasonable necessary for: US WEST WIRELESS - 7 Ande~m Creek- Alnil 7, 1998 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. Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld, ffLessee 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. 22. REMOVAL OF UNAUTItORIZED 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 al[er expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; 1). ffthe system or facility was constructed or installed without the prior issuance of a required City pen-nits; 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 US WEST WIRELESS. 8 Anderson Cr~k - April 7, 1998 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 the City does not authorize abandonment and Lessee falls 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. 23. 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, 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. 24. 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. 25. 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. 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 US WEST WIRELESS - 9 Andew~ ~ - Algil 7, 1998 any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 26. 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. 27. BOOKS, RECORDS ANI) 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 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. 28. LEASED CAPACITY AND CO-LOCATION. The City encourages co- location on existing telecommunications facilities and to that end will accept tower lease applications from new carders who wish to locate on Lessee's tower. Lessee shall review and approve placement of new carrier's equipment which approval shall not be unreasonably withheld. The City will negotiate any future leases including rents with new carders who co-locate and retain 100% of lease revenue from any future co-location on Lessee's tower. 29. 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 and provide access across City property. Lessee will provide a propane fueled generator with sufficient capacity to service existing tower users and support additional carders who co-locate. Lessee shall be reimbursed for this capital outlay on a prorata usage basis by future carriers who benefit from the generator. 30. 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. 31. INSIFRANCE. 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: US WEST WIRELESS Anderson Creek. Apl1 7, 1998 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 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 insurers, 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 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. 32. GENERAL INDEMNllqCATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected off~cers, employees, agents and volunteers from and against any and ail liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including US WEST WIRELESS - II Anderson Creek - Al~il 7, 1998 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 ail 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. 33. 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. 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; O) 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; ($) The submission of'as-built' drawings at, er completion of the work as required by this Chapter; and US WEST WIRELESS - 12 Ander~n Creek. Pqnil 7, 1998 (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 34. 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 other~vise, 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 aRer the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall not 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 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 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, except that Lessee may sublet and assign this Lease US WEST WIRELESS - 13 Andemaa Cre~ - Ai~'il 7, 1998 or portion thereof, and its other rights hereunder to any person or business entity which is a parent subsidiary or affiliate of Lessee without Lessor's consent. 35. 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 ora 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 34 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 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 from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 36. 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: 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; US WEST WIRELESS - 14 Ande~c~ Creek./~'il 7, 1998 I. 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. 37. NOTICE AND I)UTY 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; or C. That it would be in the public interest to impose some penalty or sanction less than revocation. 38. ltl~,&RING. In the event that the Lessee fails to provide evidence reasonably satisfactory to the City as provided in Section 37 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. 39. 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 all rights 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 legal rights and remedies, to pursue other remedies, including obtaining an order fi.om 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 analyzing 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; US WEST WIRELESS - 15 Antietam, on Crook- April 7, 1998 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 overall compliance; and F. Whether the violation was voluntarily disclosed, admitted or cured. 40. 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. 41. 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 ora 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. 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. 42. 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 behaif of user and shall indemnify and hold the City harmless against any and ail expenses, including reasonable attorney's fees and court costs in connection with any such lien. 43. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. US WEST WIRELESS - 16 Anderso~ Creek - April 7, 1998 B. Any claim, controversy or dispute arising out of this Lease shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages, the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. 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: LESSOR: LESSEE: City of Bremerton U S WEST Wireless, LLC Administrative Services Director c/o U S WEST Communications Group Real Estate Services 239 Fourth Street 8200 E Belleview, Suite 500 Bremerton, WA 98337 Engiewood, CO 80112 Attn: PSL Manager/Wireless COPY TO: U S WEST Wireless, LLC 450 110th Avenue NE, Room 209 Bellevue, WA 98004 Attn: Regional Real Estate Manager US WEST WIRELESS - 17 Ander~m Cr~k - April 7, 1998 44. 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. U S WEST WIRELESS, LLC Date~ CITY OF BREMERTON LYNN S. HORTON, Mayor W. EUGEN~ SAbZlP Y]~J2~ector of Public Works & Utilities / '~'~ M~AI~C~ity ~ttomey // // US WEST WIRELESS - t8 Anderson Creek - A~il 7, 1998 State of Washington ) ) SS. County of Kitsap ) Onthis '_3 oA~day of ~IoR[~-, 19 ~t~ , personally appeared Lynn S. Horton to me known to be the Mayor of the 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 whereofI have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington ~C~. t=USI,%G :~Residingat /~,f~'~r/~'J~o~/ l My com ssion expires: KA~HLEEIq L. MeC~LU ¥, City Cl~k US WEST WIRELESS - 19 Andemoo C'~e4c - Ap~l 7, 1998 Page 1 of 2 Ou3 DATE (MMIDD/YYYY) _ CERTIFICATE OF LIABILITY INSURANCE 03/31/2022 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 OF 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(ies) must have ADDITIONAL INSURED provisions or 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 ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Crown Castle International NAME: Willie Toward Watson Northeast, inc. I. FAX PHONE A/C x i A/C No c/o 26 Century Blvd ^ � ^ r���� E-MAIL P.O. Box 305191 .�••{• 7V-YF�• ADDRESS: COIRequest@crowncastle.com Nashville, TN 372305191 USA INSURERS AFFORDINGCOVERAGE NAIL# INSURED -_ _ - -- Crown Castle International Bee Attaohed Named Insured List 8020 Katy Freeway Houston, TX 77024 CnVFR�[;FS ---aP��-Zo�r City ofi Bremerton Risk Management CERTIFICATE NUMBER: w24417983 INSURERA: Continental Casualty Company 20443 INSURERB: Berkshire Hathaway Specialty Insurance Com 22276 INSURERC: Continental Insurance Company 35289 INSURERD; Travelers Property Casualty Company o£ Ame 25674 INSURER E REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - _ - INSR�` �� - � - - _-IAOOLiSUBR - - �- - - � -- - _ -- -I POLICY EFF POLICY EXP - - - - -" - � LIMITS LTR TYPE OF INSURANCE � POLICY NUMBER MM�DDIYYYY MMND/YYYY X COMMERCIAL GENERALLlABILITY i � EACH OCCURRENCE $ 2, 000, 000 D RENT 1,000,000 _ CLAIMS•MADE n OCCUR PREMISE$ (Ea _occurrence).__ "$ ________.____ ___ _" _X_ A MED EXP (Any one person) $ 5, 000 Y Y 7018331477 04/O1/2022 04/O1/2023 2 000,000 PERSONAL & ADV INJURY $ � GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE __- $ _ 4, 000, 000 %� POLICY u PRO• � LOC PRODUCTS -COMP/OP AGG $ 4, 000, 000 JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2, 000, 000 X, ANY AUTO i BODILY INJURY (Per person) $ A OWNED SCHEDULED Y Y BUA 7018331432 �04/O1/2022 04/01/2023 BODILY INJURY (Peraccidant) $ AUTOS ONLY AUTOS HIRED NON�OWNED PROPERTY DAMAGE $ AUTOS ONLY AU705 ONLY _(Per apcdenl) _ __ -- " $ B X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESSLIAB CLAIMS•MADE Y Y 47-UMO-303445-08 04/O1/2022 04/O1/2023 A_G_GREGATE $ 5,000,000 -- -- -_ _ DED � RETENTION$ 25,000 $ WORKERSCOMPENSATION � X STATUTE �R AND EMPLOYERS' LIABILITY C ANYPROPRIETORlPARTNEf�EXECUTIVE Y! N E.L, EACH ACCIDENT $ 1, 000, 000 OFFICER�MEMBEREXCLUDED7 No N!A Y WC7018331446 04/O1/2022 04/O1/2023 - — - -- --_"" --- - ---- "-""-- ---------- (Mandatory In NH) E.L. DISEASE � EA EMPLOYEE $ 1, 000, 000 II yes, describe under 1, 000, 000 DESCRIPTION OF OPERATIONS bolow E.L. DISEASE •POLICY LIMIT $ D All Risk Personal Property QT-630-5D736475-TIL-22 04/OS/2022 04/01/2023 Limit: $1,000,000 100� Replaoement Coat DESCRIPTION OF OPERATIONS !LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, maybe allached If more space is required) BU# 880446 - 3EATTLE QWEST - HRE005, 3000 BLOCK, HWY 16 SW, Port Orchard, WA 98367 *Property: Business/Personal Property SEE ATTACHED TE HOLDER CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CITY OF BREMERTON 345 6TH STREET SUITE 100 „o, �p� BREMERTON, WA 98337-1891 C`"' ©'19813-20'16 ACORD CORPORATION. All rights reserved. ACORD 25 (20'16/03) The ACORD name and logo are registered marks of ACORD SA ID: 22400107 BATCH: 2g70620 4 Of 5 6400 [01111111*%] LIE AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. Crown Castle International See Attached Named Insured List POLICY NUMBER 8020 Katy Freeway See Page 1 Houston, TX 77024 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 `+�1i11�j�i�+ FORM NUMBER: 25 FORM TITLE: certificate of Liability Insuranciz City of Bremerton, I officials, agents, employees, representatives, engineers, consultants, and volunteers are included as an Additional Insured under the General Liability policies as their interest may appear and as required by written agreement and only with respect to the liability arising out of the operations performed by or on behalf of the Named Insured. City of Bremerton, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers are included as additional insureds as their interest may appear with respect to the Automobile Liability for liability arising out of the operations or work performed by the named insured if required by written agreement. City of Bremerton, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers are included as an Additional Insureds under the Umbrella Liability policy as their interest may appear and as required by written agreement and only with respect to the liability arising out of the operations performed by or on behalf of the Named Insured, General Liability includo a Waiver of Subrogation in favor of the additional insureds when agreed in written contract prior to the loss, but always subject to the policy terms, conditions and exclusions as permitted by law. Automobile Liability includes a Waiver of Subrogation in favor of the additional insureds when agreed in written contract prior to the 1oas, but always subject to the policy terms, conditions and exclusions as permitted by law. The Umbrella Liability policy include a Waiver of Subrogation in favor of the Additional Insureds when agreed in written contract prior to the loss, but always subject to the policy terms, conditions and exclusions as permitted by law. The Workers Compensation policies include a Waiver o£ Subrogation in favor of the Additional Insureds when agreed in written contract prior to the loss, but always subject to the policy terms, conditions and exclusions as permitted by law. INSURER AFFORDING COVERAGE: Travelers Property Casualty Company of America POLICY NUMBER: QT--660-155776i6-TIL-2Z EFF DATE: 09/OI/2022 EXP DATE; 09/O1/2023 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT; Non -Tower Inland Marine Limit: $1,000,000 Contractors Equipment Limit: $1,000,000 Installation Limit: $800,000 INSURER .AFFORDING COVERAGE; Travelers Property Casualty Company of America POLICY NUMBER: QT-�660-15576970-TIL-22 EFF DATE; 09/01/202L EXP DATE: 09/tll/2023 TYPE OF INSURANCE: Property Coverage - Towers Only LIMIT DESCRIPTION: Limit: LIMIT AMOUNT: $Z,000,000 NAIC#: 25679 NAIC#: 25679 ACORD 10� (2008l01) © 2008 A�ORD CORPO�tA'iION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 22900107 BATCH:2470620 CERT: W29917983 Crown Castle International Corp. Consolidated Subsidiaries as Named Insureds AirComm of Avon, LLC Atlantic Coast Communications LLC CC Edge LLC CC Holdings GS V LLC CC Site Acquisitions II LLC CC Strategic Investment Corp. CC TM PA LLC CC Towers Guarantor LLC CC Towers Holding LLC CCATT Holdings LLC CCATT LLC CCATT PR LLC CCGS Holdings Corp. CCPR VI Tower Newco LLC CCS & E LLC CCTM Holdings LLC CCTM1 LLC CCTM2 LLC CCTMO LLC ComSite Venture, Inc. Coverage Plus Antennas Systems LLC Crown Atlantic Company LLC Crown Castle A5 LLC Crown Castle Atlantic LLC Crown Castle CA Corp. Crown Castle Fiber Enterprise LLC Crown Castle Fiber Holdings Corp. Crown Castle Fiber LLC Crown Castle GS III Corp. Crown Castle GT Company LLC Crown Castle GT Corp. Crown Castle GT Holding Sub LLC Crown Castle International Corp. Crown Castle International LLG Crown Castle Investment Corp. Crown Castle Investment II Corp. Crown Castle MU LLC Crown Castle MUPA LLC Crown Castle NG East LLC Crown Castle Operating Company Crown Castle Operating LLC Crown Castle Orlando Corp. Crown Castle PR LLC Crown Castle PR Solutions LLC Crown Castle Puerto Rico Corp. Edition Date: 10/2021 Crown Castle Solutions LLC Crown Castle South LLC Crown Castle Towers 05 LLC Crown Castle Towers 06-2 LLC Crown Castle Towers 09 LLC Crown Castle Towers LLC Crown Castle USA Inc. Crown Communication LLC Crown Communication New York, Inc. Fibertech Facilities Corp. Global Signal Acquisitions II LLC Global Signal Acquisitions III LLC Global Signal Acquisitions IV LLC Global Signal Acquisitions LLC Global Signal GP LLC Global Signal Holdings III LLC Global Signal Operating Partnership, LP GoldenState Towers LLC GS Savings Inc. GSPN Intangibles LLC High Point Management Co. LLC ICB Towers LLC Interstate Tower Communications LLC Intracoastal City Towers LLC Light Tower Clearinghouse LLC Md7 Capitol One, LLC MW Cell Reit 1 LLC MW Cell TRS 1 LLC OP LLC OP 2 LLC Pinnacle Towers Acquisition Holdings LLC Pinnacle Towers Acquisition LLC Pinnacle Towers Asset Holding LLC Pinnacle Towers Canada Inc. Pinnacle Towers III LLC Pinnacle Towers Limited Pinnacle Towers LLC Pinnacle Towers V Inc. PR Site Development Corporation Radio Station WGLD LLC Shaffer &Associates, Inc. Sidera Networks UK Limited (UK) Sierra Towers, Inc. Tower Development Corporation Tower Systems LLC 5 of 5 6400 Crown Castle International Corp. Edition Date: 10/2021 Consolidated Subsidiaries as Named Insured Tower Technology Company of Jacksonville LLC Tower Ventures III LLC TowerOne Partners, LLC TriStar Investors LLC TVHT LLC WCP Wireless Lease Subsidiary, LLC WCP Wireless Site Funding LLC WCP Wireless Site Holdco LLC WCP Wireless Site Non -RE Funding LLC WCP Wireless Site Non -RE Holdco LLC WCP Wireless Site RE Funding LLC WCP Wireless Site RE Holdco LLC s