HomeMy WebLinkAboutOrdinance No. 1013DocuSign Envelope ID: 775EOAB3-A3AB-43EB-BB64-364EE7A50AA3
•
•• - - requested that the Medina
City Council grant a nonexclusive franchise (this "Franchise") for purposes of operating
and maintaining a telecommunications network; and
• • • i i • i - r • ' ' ' •
WHEREAS, the Medina Municipal Code requires persons who are seeldng 4
operate and maintain telecommunications` • • • obtain
franchise • do •
WHEREAS, the City is willing to grant the rights requested by Franchisee subjed
to certain terms and conditions, which are acceptable to both parties.
* THEREFORE,
WASHINGTON, HEREBY i• ORDAIN AS FOLLOWS:
Section 1. Franchise Granted. T-Mobile West, LLC is granted a non-exclusive
franchise to provide telecommunicatio n services in, through, over, and under the rights-
• of the City of Medina,accordance • conditions of the franchise
agreement established in Exhibit A of this Ordinance.
MIS A-VOR
of insurance, and any applicable application fee pursuant to Medina Municipal Code and
shall •- filed with the 1 days after the effective date of
Ordinance. Such instrument shall evidence the unconditional acceptance of the terms
hereof and . promise • comply with and abide by the provisions, • conditions
DocuSlgn Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
invalidityor f f rI• i i
section,- - or phrase of a
the title, all as required by
Passed by the City Council of the City of Medina on this 12th day of September
2022. Approved by of z ♦ th day of September
2022.
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essica Rossman, Mayor
Aimeefti=0g, Atiulmn&m A
Kellerman,
y i i i •.. � 3 �.: � ar +I
•• —may'" .e ...�. �Ea.—.F- ...,.,... --.
By -
Chi Attorney
ovcusignEnvelope ID: E8-oe*4-364EE7A50*A3
Section1.
Franchise Granted ..................................................................................................... 5
Section2.
Authority Limited to Occupation of Public Rights -of -Way for Services. .... ........... 6
Section3.
Franchise Grant ....................................................................... ....... 7
Seutizmm4.
Location of Telecommunications Network Facilities '..................................... ....... 8
Section5.
Relocation of Telecommunications Network Fmcilitim........................... ............. 8
Section 6.
Undergrounding of Facilities ..................................................................................
l2
Section7.
Maps and Records ..................................................................................................
35
Section 8-
Work in the --~..^,^~-'^^^^^~..,^--_..-.'..,~~..-.,^..^......'.......__'
86
Sectioo5\
One Call Locator Service. ....^...~..'...._.~.--._'^-_.^..^..^.~.^.^~..,_,^..^....^~^^^^''
19
SectionI(\
SafetyRequirements ...................... _..--._,~.~..~,....^.__.._,..~^,,`,,,,,.~,,,,,~,,,,,,20
Section 11.
Work of Contractors and ........... ..................................................
2I
SectiooI2.
Restoration after _,_^^,_,^^,^.,.,,~,__,___.,,,_,___',,_,~..___.,',_,._,21
Section 13-
Conditions .......,.....^.....^....^.~^-......,.~.,~~,,^,^~23
Smcdionl4`
Recovery of Costs, Taxes and Fees ........................................................................
24
SectiooI5,
Small Wireless Facilities -.......................................................................................
26
SoctiommD6.
__~.,,.^,_^^.^^,^.,________..~..^,~,,~^^~.^.,,,,,.___^.,,,,~^^..,,^,^.,~30
Section17.
Insurance .--._...,...,.......~,~.--~..........^^^.....,'._..~.'~.~`..,-~..,_.~..__',,,,33
Section 18.
Abandonment of Franchisee's Telecommunications Network '.............................
35
Section19.
Bonds ......................................................................................................................
37
Section20.
Revocation ^~`''~~^^`^-'--'~^`^^'-''—^'^''~^~``~^-^^^^~^'^^~^-^--'^-^^''^^'~^~^~~~^^^^~^~'-'~38
Section2l-
Remedies 00Enforce .... ............................... ........... .........................
39
Sectiom22'
Non -Waiver _.~.._..~.~__.-.^^,..~...,,~_.—'~'..-,--_.~'._-'---................,...
39
Section 23.
City Ordinances and ...,-`_...~..—.-'---.........................................
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
Section25. Acceptance ............................................................................................................. 4
40 Section 26. Survival . .................................................................................................................
Section27. Assigrunent ............................................................................................................. 41
Section28. Extension ................................................................................................................ 42
Section29. Entire Agreement ................................................................................................... 42
42
Section 30. Eminent Domain .....................................................................................................
Section1. Vacation.................................................................................................................. 42
43
Section 32. Notice.....................................................................................................................
43
Section 33. Severability .............................................................................................................
Section 34. Compliance withAll Applicable Laws.................................................................. 44
44
Section 35. Amendment ............................................................................................................
Section36. Attorneys'Fees ....................................................................................................... 45
Section 3 7. Hazardous Substances............................................................................................45
Sectioni ses, Fees and Taxes ....................................................................................... 45
Section39. Miscellaneous ......................................................................................................... 4
MedinaCity of .d
Section 1. Franchise Granted.
corporation (hereinafter "City"), hereby grants to the Franchisee, its affiliates, heirs, successors,
legal representatives, and assigns, subject to the terms and conditions hereinafter set forth, a
-36KrAj)m fix z v Effective Date of this ordinance and
continuing until the date that is one day prior to the fifth anniversary of the Effective Date (the
"Initial Term Expiration Date"), unless earlier terminated, revoked or modified pursuant to the
provisions of this Franchise. The Franchise shall automatically renew on the fifth anniversary of
the Effective Date with the same terms and conditions as set forth in this Franchise, for one
(1) additional five (5) year (the "Renewal Term," and, together with the Initial Term, the "Terni7).
Section 1.2 This Franchise ordinance grants Franchisee the right, privilege, and
authority to construct, operate, maintain, replace, relocate, repair, upgrade, remove, excavate,
acquire, restore, and use the Small Wireless Facties, as defined in Section 2.2, for its
telecommunications network, in, under, on, across, over, through, along or below the public
C'MMC") and permits issued pursuant to this Franchise. Public "Rights -of -Way" means land
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sidewalks, lanes, public ways, circles, utty easements that contain utility poles and only to the
extent such Rights -of -Way are opened, but does not include: WSDOT-managed state highways;
lav d-&ii d hi ghway s not opened and not improved for motor vehiel e use
y am,
the state parks and recreation commission; or federally -granted railroad rights -of -way acquired
under 43 U.S.C. § 912 and related provisions of federal law that are not open for motor vehicle
for th - �lose of this Franchise do not include: buildinm-s, other City -owned
physical facilities, parks, poles, conduits, fixtures, real property or property rights owned by the
City, or similar facilities or property owned by or leased to the City. Franchisee is required to
X 1064. 114Q It 1, z- mr t1firl Tv
fixtures, property, or structures.
Section 1.3 The terms, conditions, and provisions of MMC Chapter 15. 10 and 15.12, as
currently written or hereinafter modified, are incorporated herein by reference. All rights granted
I � - "I . . 41 -rarwirc-it mtq *f 1,41d, C C1 ant(w 15.10 an4AUA
wim-ralmiDjwmlco"-,".Rv-,Vy-,,T.]E�gl:t.lI M I
unless this Franchise specifically provides to the contrary. In the event that a conflict exisl
between the terrns of this Franchise and the terms of MMC Chapter 15.10 and 15.12, the terms
Section 2. Authority Limited to Occupation of Public Rights -of -Way for Services.
Section 2.1 The authority granted herein is a limited authorization to occupy and use
the Rights -of -Way throughout the City (the "Franchise Area7). The Franchisee is authorized
place its Facilities in the Rights -of -Way only consistent with this Franchise, the Comprehensi
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law, order or rule. Nothing contained herein shall be construed to grant or convey any right, fid
or interest in the Rights -of -Way of the City to the Franchisee other than for the purpose
01
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providing telecommunications services. The following "Services" are permitted under th
Franchise: (i) high speed data and fiber optic services, internet pjotocol-based services, intern
access services, conduit and dark fiber leasing, telephone, and data transport services conveye
using both wireline and wireless facties and the inftastructure development to be used I
9-ection 2.2 As used herein, "Small Wireless Facilities" or "Facilities" means a small
wireless facility as defined in 47 CFR § 1.6002. Small Wireless Facilities shall also include all
necessary cables, transmitters, receivers, equipment boxes, backup power supplies, power transfer
switches, electric meters, coaxial cables, wires, conduits, ducts, pedestals, antennas, electronics,
and other necessary or convenient appurtenances used for the specific wireless communications
facility. Equipment enclosures with equipment generating noise that exceeds the noise limits
allowed in the MMC or associated permit are excluded from "Small Wireless Facilities." Unless
otherwise specifically stated in a section, "Facilities" shall encompass only Small Wireless
Facilities and wireline or wireless services used to provide the Services.
1610111IM414
or other equipment, on any City property other than a Right -of -Way, or upon private property
wiifyrout the owner's j�dor written consent, or upon anrjfjUV public or Mvatelk--owned �,roles or
conduits without the City's prior written consent. Nothing contained within this Franchise shall
City dMedina - T-Mobile Frdwhise
6
"DOTORVIT11r: nom-
be construed to grant or convey any right, title, or interest in the Rights -of -Way of the City 12
shall be subordinate to the primary use of the Right -of -Way as a public thoroughfare. If Francbis
desires to expand the Services provided within the City, it shall request a written amendment 4
this Franchise. If Franchisee desires to use City -owned property, or to site new structures with 11
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(c) Such customer or lessee shall not be construed to be a third -party
%RTM-M-1.
(d) No such customer or lessee may use the telecommunications system or
Services for any purpose not authorized by this Franchise, nor to sell or offer for sale any service
to the City of Medina citizens without all required business liconses, permits, franchise or other
Section 3. Non -Exclusive Franchise Grant.
This Franchise is a non-exclusive fi-anchise and is granted upon the express condition that it sh
not in any manner prevent the City from granting other or further franchises in, along, ov
through, under, below, or across any said Rights -of -Way. This Franchise shall in no way prev
or prohibit the City from using any of said roads, streets, or other public properties or affect i
jurisdiction over them or any part of them, and the City shall retain power to make all necess
changes., dedication, establishment improvement.. relocations—mair-S. and maintenance of s]
fi tablish-n, ent
IS
City of Medina — T-Mobile Franchise
7
DocuSign Envelope ID: 775EOAB3-A3A8-43EB-BB64-364EE7A50AA3
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TTII—ies-Me n1gaway rx d�;� acucw=UJ
are governed by the provisions of Chapter 47.24 RCW and applicable Washington State
Department of Transportation (WSDOT) regulations, Franchisee shall comply fully with said
requirements in addition to local ordinances and other applicable regulation& Without limitation
of the foregoing, Franchisee specifically agrees that:
(a) any pavement trenching and restoration performed by Franchisee within
(b) any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized
to enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
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Facilities required to be temporarily disconnected or removed. For the avoidance of doubt, ]su
projects shall include any Right -of -Way improvement project, even if the project entails, in pa
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-undertaken by or for the primary benefit of third -party private entities. Collectively all su
e
projects described in this Section 5.1 shall be considered a "Public Improvement Project." Exc
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associated with relocations or disconnectio
bp_haniek'vL��ee and not b�,j the Ci ,. FranchisA
shall complete the relocation of its Facilities at no charge or expense to the City.
Section 5.2 Relocation - Third NrL5MLctures. If the request for relocation fftTrom t
t
City originates due to a Public Improvement Project, in which structures or poles are Jcith
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and at no cost to the City, subject to the procedure in Section 5.5. Franchisee acknowledges
J
agrees that the placement of Small Wireless Facilities on third party -owned structures does n
convey an ownership interest in such structures. Franchisee acknowledges and agrees, that to
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WiTele;R Facilities are on i-ales owned bVA third parties, he Cito sh
not be responsible for any costs associa . ted with requests arising out of a Public Improvemel
Project.
Section 5.3 Relocation - Franchisee Owned Structures. The cost of relocation of any
7r.*, es or structures shall be determined in accordance with the requirements of
RCW 35.99.060(3)(b), provided, however, that the Franchisee may opt to pay for the cost of
relocating its Small'TTireless Facilities in order to provide UUn—st-de—raTion Tor flie City's approval to
nih: a S-roall Wireless FacilLty on Franchisee owned structures or poles in a portion of the Riot -
of -Way designated or proposed for a Public Improvement Project. For this Section 5.3,
designation of the Right -of -Way for a Public Improvement Project shall be undertaken in the
City's Comprehensive Plan in accordance with the requirements of Chapter 36.70A RCW. The
Comprehensive Plan includes, but is not limited to the Transportation element or Transportation
Emprovement Plan ("TIPCapital Facilities element, utilities element and any other element
authorized by RCW 36.70A.070 and RCW 36.70A.080. The parties acknowledge that this
provision is mutually heneficial to the parties, as the City may otherwise deny the placement of
City of Medina — T-Mobile Franchise
9
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
the conflict with the City's Comprehensive Plan.
Section 5.4 Locate. Upon the request of the City or request of a third -party performing
work in the Right -of -Way, and in order to facilitate the design of street and Rights -of -Way
improvements, Franchisee agrees, at its sole cost and expense, to locate, and if reasonably
determined necessary by the City, to excavate and expose its Facilities for inspection so that the
Facilities' location may be taken into account in the improvement design. The decision as to
whether any Facilities need to be relocated in order to accommodate the City's Public
Improvement Projects shall be made by the City upon review of the location and construction of
Franchisee's Facilities. The City shall provide Franchisee at least fourteen (14) calendar days'
written notice prior to any excavation or exposure of Facilities.
Section 5.5 Notice and Relocation Process. If tile City determines that the Public
Improvement Project necessitates the relocation of Franebisee's existing Facilities, the City shall
provide Franchisee in writing with a date by which the relocation shall be completed (the
"Relocation Date') consistent with RCW 35.99.0,60(2). In calculating the Relocation D. the
City shall consult witb Franchisee and consider the extent of facilities to be relocated, the services
requirements, and the construction sequence for the relocation, within the City's overall project
construction sequence and constraints, to safely complete the relocation. Franchisee shall
complete the relocation by the Relocation Date, unless the, City or a ruviewing court establishes a
later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice
process, the City will make reasonable efforts to engage in the following recommended process,
absent an emergency posing a threat to public safety or welfare or an emergency beyond the control
of the City that will result in severe consequences to the City or the public:
(a) The City will consult with the Franchisee in the predesign phase of any
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(b) Franchisee shall participate in predesign meetings until such time as (i) both
parties mutually determine that Franchisee's Facties will not be affected by the Public
improvement Project, or (ii) until the City provides Franchisee with written notice regarding the
relocation as provided in subsection (d) below.
City of Medina — T-Mobilo Franabise
10
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(c) Franchisee shall, during the predesign phase, evaluate and providc
comments to the City related to any alternatives to possible relocations. The City agrees to
my -m-pa M M = R M M 0 i"wine TZ-1mmu MO,
of Franchisee's Facilities as soon as reasonably possible, endeavoring to provide no less than
ninety (90) days prior to the commencement of the construction of such Public Improvement
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Franchisee during the predesign meetings and the process mandated by the grant funding shall
control.
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manner preclude or restrict Franchisee from making any arrangements it may deem appropriate
when responding to a request for relocation of its Facilities by any person or entity other than the
City, where the facilities to be constructed by said person or entity are not or will not become City-
ftum.-A lrai--t , q=j&e, *at suet a-varivements do not undul% delav-:2,
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actual costs incurred by the City from delays in a Public Improvement Project to the extent the
relocation (other than as a result of a Force Majeure Event or causes or conditions caused by the
acts or omissions of the City or any third party unrelated to Franchisee. Franchisee vendors and
contractors shall not be considcrt4 unrelated third parties). Such costs may include, but are not
City orMedina — T-Mobile Franchise
11
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limited to, payment to the City's contractors and/or consultants for increased costs and associat-vi
court costs, interest, and attorney fees incurred by the City to the extent directly attributable to
such Franchisee's caused delay in the Public Improvement Project.
Section 5.8 Indemnification. Franchisee will indemnify, hold harmless, and pay the
costs of defending the City, in accordance with the provisions of Section 16, against any and all
clai-rus- off fits. acti+--fs— es. or liabilities for delays on the City"s construction Projects caused
p Mr ut M"I
provided, that Franchisee shall not be responsible for damages due to delays caused by
circumstances beyond the control of Franchisee or the sole negligence, willful misconduct, or
unreasonable delay of the City or any unrelated third party.
Section 5.9 Bp .fl�din, Movin',�. Whenever any person shall have obtained permission
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fifteen (15) days' written notice from the City, shall raise, remove, or relocate to another part of
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Facilities that may obstruct the removal of such building.
Section 5.10 QL . If Franchisee fails, neglects, or refuses to remove or relocate
its Facilities as directed by the City following the procedures outlined in Section 5.1 through
Section 5.5, then upon at least ten (10) calendar days written notice to Franchisee, the City may
perform such work (including removal) or cause it to be done, and the City's costs shall be paid
by Franchisee pursuant to Section 14.3 and Section 14.4, and the City shall not be responsible for
any damage to the Facilities.
Section 5.11 Spn'val. Ile provisions of this Section 5 shall survive the expiration or
I I I �� I I I q I 11pi I I I ig�! I � I p I lI I I I III I ��� I! I
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Section 6. Undergrounding of Facilities.0
Section 6.1 Small Wireless Faciliti A
Affiffli ii
be permitted to erect poles, unless pen-nitted by the City for Small
Section 15.3, MMC. 16.38 and the City's Design and Construction Manual. Franchisee
of Small Wireless Facilities above
ground the City may, at any time in the future, require the conversion of Franchisees aerial
City of Medina — T-Mobile Franchise
12
facilities to an -underground installation or relocated at Franchisee's expense if the existing pol
on which Franchisee's Facilities are located are designated for removal due to a Publi
Improvement Project as described in Section 5, and provided that the City requires su
conversions in a nondiscriminatory and competitively neutral manner. This Franchise does
place an afffimative obligation on the City to allow the relocation of such Facilities on publ
-I- isike 5wif, a*v CodG"rovision relalt
110JILM& _J
tb) Franchisee shall not be required to underground any portion of the Small
Wireless Facility that must for technological reasons remain above -ground to operate. If the City
requires undcrgrounding of wirelines (either telecommunications or electrical) and allows
Franchisee's Small Wireless Facilities to remain above ground, then Franchisee shall cooperate
with the City and modify the affected Small Wireless Facilities to incorporate the placement of
wireline services underground and internal to the pole if the replacement pole is hollow (for
erwise consistent with a desi_Mplan agreed
to between the City and Franchisee, at no cost to the City.
(a) As it pertains to Franchisee's wireline Faces, Franchisee shall not be
permitted to erect poles or to run or suspend wires, cables or other facilities thereon, but shall lay
such wires, cables or other facilities underground in the manner required by the City, unless
otherwise specifically allowed pursuant to a permit. Franchisee acknowledges and agrees that if
the City does not require the undergrounding of its wireline Facilities at the time of permit
application.. the City may,- at any time in the future, require the conversion of Franchisee's aerial
wireline Facilities to underground installation at Franchisee's expense, except as otherwise
provided in RCW 35.99.060(4) and provided that the City requires such conversions in a
nondiscriminatory and competitively neutral manner. Unless otherwise permitted by the City,
Franchisee shall underground its wireline Facilities in all new developments and subdivisions, and
any development or subdivision where utilities, other than electrical utilities, are currently
M =1 f r±
(b) Whenever the City may require the undergrounding of the aerial utilities
—M--M--Z1 I
r�not including Small 11ireless Facilities) in any area 5 e I
wireline Facilities in the manner specified by the City, concurrently with and in the area of the
other affected utilities. The location of any such relocated and underground utilities shall bk
approved by the City. Where other utilities are present and involved in the undergrounding project,
Franchisee shall only be required to pay its fair share of common costs bome by all utilities, in
addition to the costs specifically attributable to the undergrounding of Franchisee's own wireline
Facilities. "Common costs" shall include necessary costs not specifically attributable to the
undergrounding of any particular facility, such as costs for common trenching and utility vaults.
"Fair share" shall be determined for a project on the basis of the number and size of Franchisee's
wireline Facilities being undergrounded in comparison to the total number and size of all other
utility facilities being undergrounded.
Section 6.3 Other Desim Standards. To the extent Franchisee is providing wireline
6_
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adhere to the design standards for such Small Wireless Facilities, and shall underground its
wireline Facilities and/or place its wireline Facilities within the pole as may be required by such
design standards. For the purposes of clarity, this Section 6.3 does not require undergrounding or
interior placement of wireline Facilities within the pole to the extent that the Small Wireless
Faciliies-4ire YtiMy ?r,*les t%zt Xg-ve j',21 ficilWe-9 2XI
provided such construction of Franchisee�s Facilities continue to comply with applicable code
requirements.
except as provided in this Section 6.2. Franchisee may remove any underground Facilities from
the Right-of-way that have been installed in such a m'armcr that it can be removed without
trenching or other opening of the Right -of -Way, or if otherwise permitted by the City. When the
City determines, in the City's reasonable discretion, that Franchisee's underground Facilities must
VVW1111,-Cf �-- MA4 NW6im#'Ata-tchisee shall remove such
Facilities at Franchisee's sole cost and expense. Franchisee must apply and receive a permit,
pursuant to Section 8.1, prior to any such removal of underground Facilities from the Right -of -
Way and must provide as -built plans and maps pursuant to Section 7. 1.
Section 6.5 Survival. The provisions of this Section 6 shall survive the expiration,
revocation, or termination of this Franchise. Nothing in this Section 6 shall be construed as
requiring the City to pay any cost-, of undergrounding any of the Franchisee's Facilities.
City of Medina — 7-Mobile Franchise
14
1111 1 11-111111
Else
Section 7. Maps and Records.
Section 7.1 Following any construction, excluding modifications that meets the s
or substantially similar dimensions of the Small Wireless Facty, Franchisee shall provide
City with accurate copies of as -built plans and maps prepared by Franchisee's design
installation contractors for all existing Small Wireless Facilities in the Franchise Area. These p1l
and ma-,rs shall be Mvided at no it to the Cigi, and shall include hard copies and digital filelsU]
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electronically. Further, Franchisee shall provide such maps within thirty (30) calendar da
following a request from the City. Franchisee shall warrant the accuracy of all plans, maps an
as-builts provided to the City.
M
Section 7.2 Within thirty (30) calendar days of a written request from the Public Wo ri
Director, Franchisee shall furnish the City with information sufficient to reasonably demonnstra
that the Franchisee has complied with all applicable requirements of this Franchise.
Section 7.3 All books, records, maps, and other documents maintained by Franchis
with res,,wect to its Facilities within the Riek-M.V.11 e avai a e r ins ec o
apaus
shall this Section 7.3 be construed to require Franchisee to disclose proprietary or confidenti
information witbout adequate safeguards for its confidential or proprietary nature. Unle
otherwise permitted or required by State or federalnothing in this Section 7.3 shall
construed as permission to witfbnO �_a� customer Ki , 1i irTfim?MV1,1�KM I
conjunction with a tax audit or review; provided, however, Franchisee may redact identifying
information such as names, street addresses (excluding City and zip code), Social Secun"M
Numbers, or Employer Identification Numbers related to any confidentiality agreemen]
FTanchisee has with third parties.
Section 7.4 Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose
such information to comply with a utility tax audit. Franchisee shall be responsible for clearly and
explanation as to why such information is confidential and how it may be treated as such under
State or federal law. In the event that the City receives a public records request under Chapter
City ofModina —T-Mobile FiranchLse
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DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A5DAA3
has become final and non-appeata le, Franc isce sffa renn urse
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Section 8.2 During any period of relocation, construction or maintenance, all work
performed by Franchisee, or its contractors, shall be accomplished in a safe and workmanlike
manner, so to minimize interference with the free passage of traffic and the free use of adjoining
property, whether public or private. Franchisee shall at all times post and maintain proper
barricades, flags, flaggers, lights, flares and other measures as required for the safety of all
of construction as required by the ordinances of the City, including but not limited to Medina
Municipal Code Chapter 15.10 and 15.12, or the laws of the State of Washington, including RCW
39.04.180 for the construction of trench safety systems.
standards or traffic signal standards, however this restriction shall not apply to Small Wireless
M M.
specific route, public Right -of -Way or other location when, in the judgment of the Public Worl
requirements and maintaining a clear and safe passage through the Rights -of -Way), a pav
cutting moratorium, unnecessary damage to public property, public expense, in nv ienc
interference with municipal utilities, or for any other reason determined by the Public Wor
Director.
1111�� i�lpil�I lip I I � 1 1! �
(a) Such joint use shall not unreasonably delay the work of the Franchisee
causing the excavation to be made;
rmr, mve iragm
off
City dMedina — T-Mobile Franchise
17
1011
impact to the usage of the Rights -of -Way, Franchisee shall give reasonable advance notice of
intended construction to entities or persons adjacent to the affected area. Such notice shall contain
the dates, contact number, nature and location, of the work to be performed. Following
at the time of construction exceTt for any change in condition not caused by Franchisee. Any
disturbance of landscaping, fencing, or other improvements on private property caused by
Franchisee's work shall, at the sole expense of Franchisee, be promptly repaired and restored to
the reasonable satisfaction of the property ownerj'residenL Notwithstanding the above, nothing
her6n slmll,&ive Fr-mchisero the rib'ht t* eater 4Iat*7,,AvYte prige-&y wit1ktuttke i-VA
private property owner, or as otherwise authorized by applicable law.
Section 8.7 Franchisee may trim trees upon and overhanging on public ways, streets,
alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees
frA m coming in contact with Franchisee's Facties. The right to trim trees in this Section 8.7 shall
only apply to the extent necessary to protect above ground Facilities. Franchisee shall ensure that
sk M try -maw:qMilq*&and health of the trees to the extent
reasonably possible. Franchisee shall be responsible for all debris removal from such activities.
iW VAnn-inby"- w.101 i
of -Way Tree Activity Permit per MMC 16.71.050. Franchisee may contract for such services,
commencing;
such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City, to
enter upon any private property, or to trim any tree or natural growth not owned by the City.
Franchisee shall be solely responsible and liable for any damage to any third parties' trees or
natural growth caused by Franchisee's actions. Franchisee shall indemnify, defend and hold
harmless the City from thiTd-party- claims of any nature arising out of any act or negligence of
Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal.
must be performed under the direction of an arborist certified by the International Society of
City of Medina — T-Mobile Franchise
is
Certified Arborists" as developed by the International Society of Arboriculture or its industT-M
accepted equivalent (ANSI A300), unless otherwise approved by the Public Works Director]
I IMJ M I rl
of the Rights -of -Way upon written notice as deterni-ined by the City, to schedule and coordinate
construction in the Rights -of -Way. All construction locations, activities, and schedules shall be
coordinated, as ordered by the City to minimize public inconvenience, disruption, or damages.
Section 8.9 Franchisee shall inform the City with at least thirty (30) calendar days'
AMT Tavance
L Anlya - 9,11
w-,qaw + access-tVe conduit vursuant to RCW
Design and Construction Standards. if Franchisee fails to comply with this provision, and by its
a4L. ef en Franchisee shall be responsible for all damages caused thereby,
`including restoration. M
Section8.11 The provisions of this Section 8 shall survive the expiration or terminatiol
if this Franchise and during such time as Franchisee continues to have Facilities in the Rights _
M
Section 9. One Call Locator Service.
Prior to doing any work in the Rights -of -Way, the Franchisee shall follow established procedures,
including contacting the Utility Notification Center in Washington and comply with all applicable
State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further,
upon request, by the City or a third party, Franchisee shall locate its Facilities within fifteen (15)
calendar days of notification, and consistent with the requirements of Chapter 19.122 RCW. The
City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to
Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within
the prescribed time limits and guidelines established by the One Call Locator Service regardless
of whether the City issued a permit.
Section 10. Safety Requirements.
Section10.1 RNpi-. Franchisee shall, at all times, employ professional care and
shall install and maintain and use industry -standard methods for preventing failures and accidents
that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines,
equipment, and connections in, over, under, and upon the Rights -of -Ways, wherever situated or
located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with
all federal, state, and municipal safety requirements, rules, regulations, laws, and practices, and
employ all necessary devices as required by applicable law during the construction, operation,
maintenance, upgrade, repair, or removal of its Facilities. Additionally, Franchisee shall keep its
Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would
create a hazard or undue vibration, heat, noise or any interference with municipal services. By way
of illustration and not limitation, Franchisee shall also comply with the applicable provisions of
the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational
Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the
City reserves the general right to inspect the Facilities to evaluate if they are constructed and
maintained in a safe condition.
Section 10.2 If an unsafe condition or a violation of
Section 10.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee
wriftn notice of such condition and afford Franchisee a reasonable opportunity to repair the same
If Franchisee fails to start to make the necessary repairs and alterations within the time a
splo-81 41 m
ol s ali
or contract for them to be made by the City. All costs, including administrative costs, inewejd.
y-wW0" 4 me-2w, i-rewwn+ �fl 4) W.
pursuant to Section 14.3 and Section 14.4.
Section 10.3 AddifiQmUtanduds include:
(a) Franchisee shall endeavor to maintain all equipment lines and facilities
aerial facilities and the placement of any cables connecting equipment in an orderly manner.
City of Medina — T-Mobile Franchise
20
(b) All installations of equipment, lines, and ancillary facilities shall be
installed in accordance with industry -standard engineering practices and shall comply with all
mauc POT �771- JTV7TrT-JV
1-1 ?M71?
the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of
dusk and darkness, shall be clearly marked and visible.
Section 10.4 atgaj��� On notice from the City that any work is being performed
iTyu-mrwrsek
the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or
standards, the work may immediately be stopped by the City. The stop work order shall:
(e) Be in writing;
(0 Be given to the person doing the work or posted on the work site;
(g) Be sent to Franchisee by overnight delivery;
(h) Indicate the nature of the alleged violation or unsafe condition; and
(i) Establish conditions under which work may be resumed.
Ill l � I � l � � I I l � � I I I I I
I I I 1 -1 M -1
law and the City's ordinances, regulations, and -requirements. Work by contractors an-?
subcontractors are subject to the same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors
and subcontractors and others performing work on its behalf as if the work were perfionned by
Franchisee and shall ensure that all such work is performed in compliance with this Franchise and
Section 12. Restoration after Construction.
Clection 12.1 Franchisee shall, promptly after installation, construction, relocation,
maintenance, or repair of its Facties, or within sixty (60) days after abandonment approved
-mr.ua-rit to Seplia-r 18. rwtiove anv obstructions from the Riebts-of-Way and restore the surface
to any such installation, construction, relocation, maintenance or repair, as -required by Medina
City of Modina — T-Mobile Franchise
21
Municipal Code Chapter 12.Z6, provicFed-f ran See S a not De respons o"Tly Unamages to,
the Rights -of -Way not caused by Franchisee or anyone doing work for Franchisee nor for
reasonable wear and tear. The Public Works Director or designee shall have final approval of the
condition of such Rights -of -Way after restoration. All concrete encased survey monuments that
Chapter 332-120 WAC), and local standards and specifications.
Section 12.2 Franchisee agrees to promptly complete all restoration work and to
by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance
with applicable City standards and warranted for a period of two (2) years and for undiscovered
defects as is standard and customary for this type of work.
Section 12.3 If conditions (e.g., weather) make the complete restoration required undet
this Section 12 impracticable, Franchisee shall temporarily restore the affected Right -of -Way or
property. Such temporary restoration shall be at Franchisee's sole cost and expense. Franchisee
shall promptly undertake and complete the required permanent restoration when conditions no
Section 12.4 In the event Franchisee does not repair or restore a Right -of -Way or an
improvement in or to a Right -of -Way within the reasonable time agreed to by the Public Works
Director, or designee, upon ten (10) calendar days' notice to Franchisee, the City may repair the
damage and shall be reimbursed its actual cost within sixty (60) calendar days of submitting an
invoice to Franchisee in accordance with the provisions of Section 14.3 and Section 14.4. In
addition, and pursuant to Section 14.3 and Section 14.4, the City may bill Franchisee for expenses
associated with the inspection of such restoration work. The failure by Franchisee to complete
such repairs shall be considered a breach of this Fr-anchise and is subject to remedies by the City
including the imposition of damages consistent with Section 21.
Section 12.5 The provisions of this Section 12 shall survive the expiration or
termination of this Franchise so long as Franchisee continues to have Facilities in the Rights -of-
Section 13. Emergency Work/Dangerous Conditions.
Section 13.1 In the event of any emergency in which any of Franchisee's Facilities
located in the Rights -of -Way breaks, falls, becomes damaged, or if Franchisee's Facilities are
;A,?W=,daAqer life, hgOth or safety of any
person, entity or the City, Franchisee shall immediately take the proper emergency measures to
iin;1k, *IuA(hHV-(4T
health or safety of any person, entity or the City without first applying for and obtaining a permit
as required by this Franchise. However, this shall not relieve Franchisee from the requirement of
I
RAW- -VO&dl iv:lo orallsuch ermits
not later than the next succeeding day during which Medina City Hall is open for business. The
;txr- Ar t
to any public health or safety emergency.
Section 13.2 The City shall not be liable for any damage to or loss- of Facilities within
the Rights -of -Way as a result of or in connection with any public works, public improvements,
work of aw., kind in the Rigbts-of-Ww�y or on behalf
*f
misconduct, or criminal actions of the City, its employees, contractors, or agents. The City shall
I* actions under this Section
negeligence., intentional misconduct, or criminal actions
of the City, its employees, contractors, or agents.
Section 13.3 Whenever the construction, installation or excavation of Facilities
impair the lateral support of the adjoining street or public place, or endangers the public, an
21�i&AIT"
Works Director or designee may direct Franchisee, at Franchisee's own expense, to take
,nwArrale zs&ta-tv JP
time. In the event that Franchisee fails oT-
refuses to promptly take the actions directed by the City, or fails to fully comply with such
Ateri-i ir'f t w, c L rocuire immediate action. before the Citv can
City of Mane — T-Mobile Franchise
23
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
timely contact Franchisee to request Franchisee effect the immediate repair, the City may access
as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof
� �-- f! ♦ 1ff I i[IOT 21111111 ltiil,1 1IIM�
Section 14.1 Franchisee shall pay a fec for the actual administrative expenses incurred
35.21.860, including the costs associated with the City's legal costs incurred in drafting and
1_irocessing this Franchise. No permits shall be issued for the installation of authorized Facilities
s fw.. Franchisee shall finther be sublect to
or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or
supervision of activities, including but not limited to reasonable fees associated with attorneys,
consultants, City staff and City Attorney time, undertaken through the authority granted in this
Franchise or any ordinances relating to the subject for which a permit fee is not established,
51MOMM I'm
Section 14.2 Franchisee shall promptly reimburse the City in accordance with the
provisions of Section 14.3 and Section 14.4 for any and all costs the City reasonably incurs in
response to any emergency situation involving Franchisee's Facilities, to the extent said
i#��EPII I PON I I lIilliIIilillilll 1111111111111111111111
Section 14.3 Franchisee shall reimburse Medina within sixty (60) calendar days of
submiftal by the City ot an itemiz I ing for reasonaDly IncULT711 WYLSLS, 11
L,1jr.JIfmtvqftU,V Mtling_r��airing, alterin or maintaining aw CiNg as the result of the
presence of Franchisee's Facilities in the Rights -of -Way. Such costs and expenses shall include
but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or
the Rights -of -Way. Such costs and expenses shall also include Franchisee's proportionate share
of any time spent reviewing construction Plans in order to either accomplish the relocation of
City of Medina — T-Mobile Franchise
24
1`11!111011fliij� III W
�piipii illigg
Franchisee's Facilities.
Section 14.4 The time of City employees shall be charged at their respective rate of
salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs
will be billed proportionately on an actual cost basis. All bngs will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
reimbursement. A charge for the actual costs incurred in preparing the billing may also be included
in said billing. At the City's option, the billing may be on an annual basis, but the City shall
provide the Franchisee with the City's itemization of costs, in writing, at the conclusion of each
project for information purposes.
Section 14.5 Franchisee hereby warrants that its operations as authorized under this
rovider as
defined in RCW 35.21.860. As a result, the City will not impose a franchise fee under the terms
of this Franchise, other than as described herein. The City hereby reserves its right to impose a
fr. mckisefeeo-t
that the statutory prohibitions of no ionger
the imposition of such fees are removed. In either instance, the City also reserves its right to
require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein
shall preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, state, or local laws.
Section 14.6 Franchisee stipulates and agrees that certain of its business activities are
subject to taxation as a telephone business and that Franchisee shall pay to the City the rate
applicable to such taxable services under Medina Municipal Code Chapter 3.20, and consistent
with state and federal law. The parties agree that if there is a dispute regarding tax payments that
the process in Medina Municipal Code Chapter 3.20 shall control. In that event, the City may not
Section 20 until the dispute is finally resolved either consistent with Medina Municipal Co
0
Chapter 3.20 or by judicial action and then only if the Franchisee does not comply with Sul
resolution. The parties agree however, that nothing in this Franchise shall limit the City"s pow
of taxation as may exist now or as later imposed by the City. This provision does not limit
City"s power to amend Medina Municipal Code Chapter 3.20 as may be permitted by law.
City of Medina — T-Mobile Ftanchise
25
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A5DAA3
I I I I PR� �!� I Ira I 1 1111111 l I I I 11111 l I I I Ill I I I � I i:l !1111111 OM FROMM111-1-M, i!
times to control by appropriately exercised police powers through ordinance or regulation,
consistent with 47 U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the State of Washington,
M 0 1 -onstruction—,and i-nainWwa��,&.=.H-Wkeles-,Facilkiw,
by Franchisee, and Franchisee shall promptly conform with all such requirements, unless
compliance would cause Franchisee to violate other requirements of law. This Franchise does not
prohibit the City from exercising its rights under federal, state or local law to deny or give
conditional approval to an application for a pennit to construct any individual Small Wireless
Facility,
Section 15.2 �Qi�--Apjj The granting of this Franchise is not
substitute for any other required approvals to construct Franchisee's Facilities in the Rights-o
Way ("City Approvals"). The parties agree that such City Approvals (except Right -of -Way u -
35.99.010. These City Approvals do not grant general authorization to enter and utilize the Right
of -Way but rather grant Franchisee permission to build its specific Small Wireless Faciliti
JIL the Ciflip Aggovals are not sub�ect to the thirUj f, O�, calendar dag re�,Uircmj p issuance
described in RCW 35.99.030. The parties recognize that this provision is specifically dooonegjotiat
as consideration for esignating all•f the Rights-f-Way f the City as the Franchise Area. Su
laws governing wireless communication facility siting and may be in addition to any its
required and Section 8. 1.
111pill1i 111 1� illill 111 11 1 1 jf�111111111111
and consistent with the design, concealment and siting regulations of the Codes. The erection M
feasible for the installation of the Facty is available. In the event that existing infrastructure
not available or feasible for a Small Wireless Facility, or if the City prefers new poles 4M
City of Medina — T-Mobile Fnmchise
26
infrastructure in a particular area of the City, then Franchisee may request the placement of new
or replacement structures in the Rights -of -Way consistent with the requirements of the Codes.
(b) Franchisee acknowledges and agrees that if Franchisee requests to place
-I-re 14--ba
height of the replacement structure and the Facility are over 60 feet, in the Rights -of -Way then
AP21.860
in order to construct such Facilities in the Right of Way. Such agreements may require a site
specific charge paid to the City. The approval of a site specific agreement is at the discretion of
1� 11111111161111 11 11 ;1 � � 1 � E10=111T �ilit111111 — I
within the Codes are permissible provided that Franchisee, or the pole owner at the Franchisee's
request, removes the old pole or structure promptly, but no more than thirty (30) calendar days
(d) This Section 15.3 does not place an affirmative obligation on the City to
allow the placement of new infrastructure on public property or in the Rights -of -Way, nor does it
relieve Franchisee from any Code provision related to the siting or design of wireless facifities.
Section 15.4 Concealment. Franchiseeshall construct its Facilities consistent with the
conceah-nent or stealth requirements as described in the Codes, as the same exist or are hereafter
amended, or in the applicable permit(s), lease, site specific agreement, or license agreement, in
order to minimize the visual impact of such Facilities.
Section 15.5 The Parties agree that the intent of this
Franchise is to provide general authorization to use the Rights -of -Way for Small Wireless
Facilities. The designs as illustrated in a Small Wireless Permit, including the dimensions and
number of antennas and equipment boxes and the pole height are intended and stipulated to be
concealment features wben considering whether a proposed modification is a substantial change
under Section 6409(a) of the Spectrum Act, 47 U.S.C. §1455(a).
Section 15.6 Iny_. Franchisee shall maintain a current inventory of Small
Wireless Facilities throughout the Term of this Franchise. Franchisee shall provide to the City a
copy of the inventory report no later than one hundred eighty (180) calendar days after the
,F,v . I'll , -rd sVall nrovide
h 'ri. ilf *k ordiff a7tce a
City of Medina — T-Mobile Franchise
27
INEEL- M-gem- . �:'. . �' �#,V— I
within thirty (30) calendar days of the City's reasonable request. The inventory report shall include
GIS coordinates, date of installation, type of pole used for installation, description/type of
installation for each Small Wireless Facility installation and photographs taken before and after
the installation of the Small Wireless Facty and taken from the public street. Small Wireless
-Irm
installations as well as the date the Facilities were deactivated and the date the Deactivated
Facilities were removed from the Right -of -Way. The City shall compare the inventory report to
any discrepancies. Franchisee is not required to report on future inventory reports any Deactivated
F�Mlioivm&l
thereafter omit reference to the Deactivated Facilities.
1 4 1. L I I A -11-11.1- 2-mm-
Rights-of-Way that were not authorized under this Franchise or other required City Approval
C'Unauthorized Facilities") will be subject to the payment of an Unauthorized Facilities charge by
Franchisee. The City shall provide ninety (90) days written notice to Franchisee of any
Unauthorized Facilities idented by City staff and Franchisee shall either (i) establish that the site
was authorized, or (ii) submit a complete application to the City for approval of the Unauthorized
Facilities. Upon notice of the Unauthorized Facility, Franchisee shull be charged One Tliousand
and 00/100 Dollars ($1000.00) each day for each Unauthorized Facility ("Unauthorized Facility
Penalty"). The Unauthorized Facility Penalty shall be waived in its entirety if Franchisee can
establish that the site was in fact authorized. The Unauthorized Facility Penalty shall be suspended
-4#"trj 1%c sVW%issi&11+f.Z qimllete 21,yliciti-m t* tke City re-Avcstis-g Vke-T-Tnutk44zkf
Facility. If the application for such Unauthorized Facilities is denied as the final decision, then the
Unauthorized Facility Penalty will resume until the Unauthorized Facilities are removed and
Franchisee shall remove the Unauthorized Facilities from the City's Rights -of -Way within thirty
(30) calendar days after the expiration of all appeal periods for such denial. Upon the conclusion
edt,-A is in addon to anp�
other remedy available to the City at law or equity.
City of Medina — T-Mobile Franchise
28
remove all graffiti on any of its Small Wireless Facilities of which it is the owner of the pole
sOttAure LiLir aTA��all Wireless Facilities themselves attached to a third:party pole (i.e. graffi
on the shrouding protecting the radios). The foregoing shall not relieve Franchisee from
complying with any City graffiti or visual blight ordinance or regulation.
(a) Franchisee is obligated to comply with all laws relating to allowabl.---
y�vrj aN�WuLe
CEMFs') on or off any poles or structures in the Rights -of -Way, including all applicable FC1
standards, whether such RF or EMF presence or exposure results from the Small Wireless Facili
alone or from the cumulative effect of the Small Wireless Facility added to all other sourcli,
operated by Franchisee or on behalf of Franchisee on or near the specific pole or structure.
Franchisee shall comply with the RF emissions certification requirements of MMC 16.37.140.
of Franchisee's Facilities. The City may inspect any of Franchisee's Facilities and equipment
located in the Rights -of -Way. If the City discovers that the emissions from a Facility exceeds the
FCC standards, then the City may order Franchisee to immediately turn off the Facility or portion
thereof committing the violation, until the emissions exposure is remedied. Such order shall be
made orally by calling 877-373-0093and also by written notice pursuant to Section 42. Franchisee
is required to promptly turn off that portion of the Facility that is in violation, no later than forty-
eight (48) hours after receipt of oral notice. Franchisee shall reimburse the City for reasonable
costs incurred by the City for testing the Facility related to an annual inspection of the Facility and
providing notice as described in Section 14.3 and Section 14.4, provided that any additional
inspection costs conducted outside of the annual inspection shall be at the City's sole expense. The
City shall provide documentation of its actual and itemized costs to the Franchisee upon request.
Section 15.10 Interference..,Wiolyibjip-Fgpiliji!�*. Franchisee's Small Wireless Facilities
shall not physically interfere or cause harmful interference, as defined in 47 CFR 153(m), with
any City operations (including, but not limited to, traffic lights, public safety radio systems, or
other City communications inftastructure), or the PSERN (or its successor entity) communications
operation or equipment. If the Small Wireless Facilities cause such interference, Franchisee shall
City of Medina — T-Mobile FrancbL-e
29
respond to the City's request to address the source ooon as practicable, but
notice, that Franchisee power down the specific Small Wireless Facilities, or portion thereof,
causing such interference if such interference is not remedied within forty-eight (48) hours after
notice. If, within thirty (30) calendar days after receipt of such written notice from the City of
such interference, Franchisee has not abated such interference, such Small Wireless Facility may
be deemed an Unauthorized Facility and subject to the provisions of Section 15.7 or removal by
the City consistent with Section 13. The Small Wireless Facility must remain powered down
(except for testing purposes) during the abatement period; otherwise the City may take more
immediate action consistent with Section 13 to protect the public health, safety, and welfare.
Section 15.11 Interference withJQ1—h—er—FkPflVWP5. Franchisee is solely responsible f,
other utilities and other franchisees within the Rights -of -Way. Franchisee shall comply with the
rules and regulations of the Federal Communications Commission regarding radio frequency
interference when siting its Small Wireless Facilities within the Franchise Arm Franchisee, in
the performance and exercise of its rights and obligations under this Franchise shall not physically
or technically interfere in any manner with the existence and operation of any and all existing
utilities, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground
electrical and telephone wires, electroliers, cable television, and other telecommunications, utility,
or municipal property, without the express written approval of the owner or owners of the affected
property or properties, except as expressly permitted by applicable law or this Franchise.
Section 16. Indemnification.
indemnify, defend, and hold harmless the City, its agents, board and commission members
(appointed or elected), counsel, directors, officers, officials (elected and appointed),
representatives, employees and agents (collectively the "Inderanitees") from any and all claims,
costs, judgments, awards, or liability to any person, for injury or death of any person, or damage
to property caused by or arising out of any acts or omissions of Franchisee, its agents, board of
directors, contractor (of any tier), counsel, management, servants, officers� representatives,
activity, work or thing done, permitted, or suffered by Franchisee arising fi-orn or in connection
City of Medina — T-Mobile Franchise
30
with, in perfonnance of, or related to the perfortnance of this Franchise and any tights gran
within this Franchise. Further, Franchisee agrees to indemify, defend, and hold harmless I
I p Im 11 jp� !I 111 11 � I I
City of Medina — T-Mobile Franchise
31
includei-7ie reasonaDle value ot any services renre-re-YO—flO WHIM rM.T71771
not include outside attorneys' fees for services that are unnecessarily duplicative of services
provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and
of each party shall be available to the other party with respect to any such defense.
Section 16.4 Except to the extent that damage or injury arises from the sole negligence
'1* -�% da&�f f11,11,1111, CIL
then, in the event of liability for damages arising out of bodily injury to persons or damages to
personal or real property were caused or contributed to by the concurrent negligence of the
ihe Franchisee's negligence. Notwithstanding the proceeding sentence, the parties agree that the
ii-rLonnuty ynvrsii-ra 62'R
shall be allocated as provided therein. it is further specifically and expressly understood that the
indemnification provided herein constitutes Franchisee's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification, relating solely to
kuku-taity ckims mate Yy th--City=1irectIy-kg;2iast t&q Fvmwkisee- fir 62ims 2g2inttk--r--iV
by Franchisee's employees. This waiver has been mutually negotiated by the parties.
Section 16.5 Notwithstanding any other provisions of this Section 16, Franchisee
assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City -owned
property from activities conducted by the Indemnitees, except to the extent any such damage or
destruction is caused by or arises trorn the sole negligence, Y, or cnM1 ; actions on ine p&L Y
of the Indemnitees. In no event shall the City be liable for any indirect, incidental, special,
consequelituai, e7emp.
lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection withh i
performance or failure to perform under this Franchise. Franchisee releases and waives any
all such claims against the Indemnitees. Franchisee further agrees to indemnify, hold harnml
and defend the City against any claims for damages, including, but not limited to, busin
interruption damages, lost profits and consequential damages, brought by or under users
raw S-2
City of Medina - T-Mobilr, Fmchise
32
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
ri,11171 iii pill � I III I � I I I I I I I
Section 16.6 1he provisions of this Section 16 shall survive the expiration, revocatiozT_i
Section 17.1 Franchisee shall procure and maintain for so long as Franchisee has
Facilities in the Rights -of -Way, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the acts or omissions of Franchisee.
Franchisee shall require that every subcontractor maintain substantially the same insuraI
coverage with substantially the same policy limits as required of Franchisee. Franchisee shall
maintain insurance from insurers with a current A.M. Best rating of not less than
HUM] --- .r "Jue-d-cupy-cu -- — 771-717JITRYTI-1 TM=M
to the City for its inspection at the time of acceptance of this Franchise, and such insurance
certificate shall evidence a policy of insurance that includes:
liqlIgIIIIIIIIIII
L M111110"#
(b) Commercial General Liability insurance as per form ISO CG 00 01 or its
equivalent, written on an occurrence basis with limits of no less than S5,000,000 per occurrence
for bodily injury and property damage and $5,000,000 general aggregate, including personal and
advertising injury, blanket contractual liability; premises; operations; products and completed
operations; and broad form property damage; explosion, collapse and underground
(c) Pollution liability shall be in effect throughout the entire Franchise term,
with a limit of one million dollars ($1,000,000) per occurTence, and two million dollars
(d) Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington and Employer's Liability with a limit of Ili' ill each
accident/diseaselpolicy limit. Evidence of qualified self-insurance is acceptable;
F � I �'i i IF R 1111? 1111111 11 ii I I I 1 1!1111111
Ill
air,
'M 51-1111 MA@ MOMI & #
City of Medina — T-Mobile Franobise
34
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
liability of Franchisee.
Section 17.6 The City may review all required insurance limits once every three (3)
calendar years durmg the Term and may make reasonable adjustments in the limits by Amendment
to this Agreement upon thirty (30) calendar days prior written notice to Franchisee. Franchisee
shall then provide an updated certificate of insurance to the City showing compliance with these
adjustments. In the event of a claim giving rise to a coverage question, upon request by the City,
Franchisee shall furnish copies of all the applicable insurance policies, including endorserneats,
giving rise to such question. Franchisee sball provide such evidence of all contractors' coverage
prior to any work perfon-ned under this Agreement.
Section 17.7 As of the Effective Date of this Franchise, Franchisee is not self -insured
with respect to required insurance. Should Franchisee wish to become self -insured at the levels
its afiJigto.-k narwit entitv shall comj& with
the following: (1) provide the City, upon request, a copy of Franchisce's, or its parent company's,
most recent annual report, if such financial statements are not otherwise publicly available; (2)
Franch isce or its parent company is responsible for all payments within the self-insurance program;
and (3) Franchisee assumes all defense and indemnity obligations as outlined in the
indemnification section of this Franchise.
City of Modina — T-Mobile Franchise
35
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-354EE7A50AA3
I I I � I I C Ill I I I I I I I I I I I I I I I I 'I Ill Ml 1 11 M��
Section 18.3 Upon the expiration, termination, or revocation of the rights granted -under
this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way within thirty
(30) days of receiving written notice from the Public Works Director or designee. The Facilities,
Any plan for abandonment or removal of Franchisee's Facilities must be first approved by the
Vermi it iriorto-such-wo&
in immediately prior to any such installation, construction, relocation, maintenance, or repair,
Section 18.4 Notwithstanding Section 18.1 above, the City may permit Franchisee's
Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanenj
abandonment, and Franchisee's agreement to transfer ownership of the Facilities to the City,
City.
Section 18.5 Any Facilities is are not rernoved within one hundred eighty (180)
when the City has not permitted Franchisee to abandon said Facilities in place.
Section 18.6 The provisions of this Section 18 shall survive the expiration, revocation,
I Ej��II lilliziIIIII
Section 19. ]Bonds
Section 19.1 peEfonkance Bond. Franchisee shall furnish a perforniance bo
.of
least 100% of the estimated cost of constructing Franchisee's Facilities within the Rights o -
W
+f Ae Ci2y 2PA-wir tit, --?�y suc3t w*rIe-%rsuck+tAw ril *a
ewm IIX-
by the Public Works Director. The Performance Bond shall guarantee the following: (1) tim
completion of construction; (2) construction in compliance with all applicable plans, permit
technical codes, and standards; (3) proper location of the Facilities as specified by the City;
restoration of the Rights -of -Way and other City properties affected by the construction;
submission of as -built drawings after completion of construction; and (6) timely payment
_,vmt*���-.nqce-s�.,nrovidedinconnectiI
m-4 Said bond must remail
approval of the work, recording of all easements, provision of as -built drawings, and the posti
of a Maintenance Bond as described in Section 19.3. Compliance with the Performance Bo
6
mtuirenrerit "I -
+f a sev-arate Performance Bond for individual p invo Work?
going perfomance • in an amount approved by City.
bond ("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptanco
of construction work on Facilities within the Rights -of -Way. The maintenance Bond amount will
be equal to ten percent (10%) of the documented final cost of the construction work. The
Maintenance Bond in this Section 19.3 must be in place prior to City's release of the bond required
by Section 19.3. Compliance with the Maintenance Bond requirement of the City's current Design
and Construction Standards shall satisfy the provisions of this Section 19.3. In lieu of a separatiz.
Maintenance Bond for individual projects involving work in the Franchise Area, Franchisee may
satisfy the City's bond requirements by posting a single on -going maintenance bond in an amouni
approved by City.
Section 19.3 Franch J ise Bond. The City Franchisee shall provide the City with a bonL?
City of Medina— T-Mobile Franchise
37
for the term of this Franchise, in a form and substance reasonably acceptable to the City. In
table to the City* In
0 01W '
"MMt. MOILJOff
r isPIT 01 1=1 411-Cn-1fQ
then there shall be recovered jointly and severally from Franchisee and the bond any ac Jiti;' tv t" f tim t
-time, materni
C
Ufa&!�'i omlr'-L;msation or indemnification of third 3arties, and the cost of removal
that its failure
comply with the terms of this Section 19.3 shall constitute a material breach of this Franchise.
amount of the bond shall not be construed to limit Franchisee's liability or to limit Medin
2,+, lw6sr-ilt-c-
replenish the security fund within 14 calendar days after written notice from the city that there
a deficiency in the amount of the fund. I
If Franchisee willfully violates or fails to comply with any provision listed in MMC 15.10.320 or
Section 21, then at the election of the City Council after at least thirty (30) calendar days written
notice to Franchisee specifying the alleged violation or failure, the City may revoke all rights
conferred and this Franchise may be revoked by the City Council after a hearing held upon such
notice to Franchisee. Such hearing shall be open to the public and Franchisee and other interested
parties may offer written and/or oral evidence explaining or mitigating such alleged
noncompliance. Within thirty (30) calendar days after the hearing, the City Council, on the basis
of the record, will make the determination as to whether there is cause for revocation, whether the
Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The City
Council may in its sole discretion fix an additional time period to cure violations. If the deficiency
has not been cured at the exviration of gTj additional timev it or if the C Council does not
geri
declare the Franchise to be revoked
and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such
mminabe-ti wav be Veld'"-t abevance Deadin dicial review by a court of cqm gj3L_ ppetent jurisdiction,
=' � 11111'�g 1111pir 11 11� gg 1 11 1 1 1111
# I I I ; : I —r NO -
City of Medina — T-Mobile Franchise
38
DocuSign Envelope ID: 775EGAB3-A3AB-43ES-BS64-364EE7A50AA3
Section 21.1 The City may elect, without any prejudice to any of its other legal rights
and remedies, to obtain an order firom the superior court havingjurisdiction compelling Franchis
vy law equity, or ITIMT-173, 777577777int, VT =7
such waiver.
day against the Franchisee or the Franchise Bond set forth in Section 19.3 until the violation is
cured, or (3) pursue other remedies as described in Section 21.1 above. Liquidated damages
described in this Section 21.2 shall not be offset against any sums due to the City as a tax or
Section 22. Non -Waiver.
City of Medina — T-Mobile Franchise
39
1,11P olltm I I
14T El=
Section 23. City Ordinances and Regulations.
ZVuIA-g-
appropriate ordinances regulating the performance of the conditions of this Franchise, including
any valid ordinance made in the exercisc of its police powers in the interest of public safety and
for the welfare of the public. The City shall have the authority at all times to reasonably control by
appropriate regulations the location, elevation, manner of construction, and maintenance of
Facilities by Franchisee, and Franchisee shall promptly conform with all such regulations, unless
under the City's police power authority, such other ordinances(s) shall take precedence over the
Section 24. Publication.
Section 25. Acceptance.
The rights and privileges granted pursuant to this Franchise shall not become effective until its
terms and conditions are accepted by Franchisee. Acceptance shall be accomplished by
and swom to by a corporate officer of the Franchisee before a Notary Public. Acceptance must be
filed with the City within thirty (30) days after the effective date of this Ordinance. At the time
that acceptance is submitted, Franchisee shall also submit necessary insurance documentation
pursuant to Section 17; any Performance Bond, if applicable, pursuant to Section 19.3; and the
Franchise Bond required pursuant to Section 193. The administrative fees owing pursuant to
Section 14.1 are due within thirty (30) days of receipt of invoice from the City.
Section 16. Section 17. Section 18. Section 26 and Section 38 of this Franchise shall be in addition
11 . fl. ! . . . . VVA I kee nftV iave to *e CiV at cionmon law. bv
---- ............
City of Medina —T-Mobile Franchise
40
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of
Franchise Area, and any renewals or extensions thereof All of the provisions, conditio
regulations and requirements contained in this Franchise shall further be binding upon the hei
successors, executors, administrators, legal representatives and assigns of Franchisee and
ptivA-W.i,�..s-wel-�-a&alLoblig,ations and liabilities of Franchisee shall inure to its heirs, successlo
and assigns equally as if they were specifically mentioned where Franchisee is named herein.
Section 27. Assignment.
Section 27.1 This Franchise may not be directly or indirectly assigned, transferred,
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law
otherwise, unless prompt written notice is provided to the City within 60 days of the assignme
The above notwithstanding, Franchisee may freely assign this Franchise in whole or in part to
parent, subsidiary, or affiliated entity, unless there is a change of control as described in Secti
27.2 below, or for collateral security purposes. Franchisee shall provide prompt, written notice
the City of any such assignment. In the case of transfer or assignment as security by mortgage
other security instrument in whole or in part to secure indebtedness, such consent shall not
required unless and until the secured party elects to realize upon the collateral. For purposes
4& or transfer of this Franchise shall be deemed to occur based on
public trading of Franchisee's stock; provided, however, any tender offer, merger, or simili
transaction resulting in a change of control shall be subject to the provisions of this Franchise.
or more of the (i) ownership or working control (for example, management of Franchisee or its
Telecommunications facties) of the Franchisee; or ownership or working control of the
Franchisec�s Telecommunications facilities within the City; or (iii) control of the capacity or
bandwidth of the Franchiseds Telecommunication facilities within the City, shall be considered
an assignment or transfer requiring approval by the City pursuant to MMC 15.10.300. Such
transactions between affiliated entities are not exempt from notice requirements. The Franchisee
shall notify the City any proposed change in, or transfer of, or acquisition by any other party of
control of a Franchisee within sixty (60) days the following the closing of the transaction.
Section 27.3 Franchisee may, without prior consent from the City: (i) lease the Facilities,
or any portion, to another person; (ii) grant an indefeasible right of user interest in the Facilities,
or any portion, to another person; or (iii) offer to provide capacity or bandwidth in its Facilities to
city of Medina — T-mobile Fmchise
41
...........
IT97MM-T=7 �� 115:1 illi
Facilities and remain fully responsible for compliance with the terms of this Franchise,
Franchisee shall furnish, upon request from the City, a copy of any such lease or agreenil
-pi 7TrT71TW1i7Jrr1T1TX-= I I . 1 11 -11
Security Numbers, Employer Identification Numbers or similar identifying information, and ot
information considered confidential under applicable laws provided in such lease or agTI
IrCeln
and the lessee complies, to the extent applicable, with the requirements of this Franchise
applicable Codes, Franchisee's obligation to remain fully responsible for compliance with
terms under this Section 27.3 shall survive the expiration of this Franchise but only if and to]
Z.::' 11 I l
quim I I I I II I I I !IIII I III � I I I I III I 1 6 1 a a . I
(a) Allow Franchisee to maintain and operate its Facilities on a month -to -month
basis, provided that Franchisee maintains insurance for such Facilities during such period arM
(b) The City may order the removal of any and all Facilities at Franchisee's sole
nM#1WM7* MIJ
Section 29. Entire Agreement.
This Franchise constitutes the Parties' entire understanding and agreement as to the subject matter
herein and no other agreements or understandings, written or otherwise, shal I be binding -upon the
ME=
Section 30. Eminent Domain.
The existence of this Franchise shall not preclude the City from acquiring by condemnation in
accordance with applicable law, all or a portion of the Franchisee's Facilities for the fair market
value thereof. In determining the value of such Facilities, no value shall be attributed to the ri&j
to occupy the area conferred by this Franchise.
Section 31. Vacation.
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
If at any time the City, by ordinance, vacates all or any portion of the area affected by
Y lendar d
vacation. The City shall notify the Franchisee in writing not less than sixty (60j)caja
w-which-Franchise e
Section 32. Notice.
CITY OF Medina FRANCHISEE
Attn: City Manager Attn:
501 Evergreen Point Rd
Medina, WA 98039
Section 33. Severabitity.
If any section, sentence, clause or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
s
Franchise unless such invalidity or unconstitutionality materially alters the rights, privileges,
duties, or obligations hereunder, and either party may request renegotiation of those remaining
terms of this Franchise materially affected by such court's ruling.
City of Medina — T-Mobile Franchise
43
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
Section 34. Compliance with All Applicable Laws.
Franchisee agrees to comply with all present and future federal and state laws, ordinances, rul
and regulations. Nothing herein shall be deemed to restrict the City's ability to adopt and en
all necessary and appropriate ordinances regulating the performance of the conditions of
thori at al I times
rights doctrine under Washington case law or as codified at RCW 19.27.095.
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
Section 36. Attorneys' Fees.
the prevailing party shall be entitled to recover all of its costs and expenses, including such sl
as the court d may juge as reasonable oo fr attrneys' feeooee
s, csts, expenses and attrneys' fs up .
M
PIM
inn
of -Way, in violation of any applicable law or regulation, nor shall Franchisee allow any of i
r
agents, contractors or any person under its control to do the same. Franchisee will be sole]
W W I rffA 1, ed int
elected), employees and agents harrnless from and against any and all claims, costs and liabiliti
restoration of the property associated with Franchisee's use, storage, or disposal of hazardo,
I
substances, whether or not intentional, and the use, storage or disposal of such substances
Franchisee's agents, contractors or other persons acting under Franchisee's control, whether or n
11
IMMIMMI
Section 38. Licenses, Fees and Taxes.
MMAMUNIS-Mi I
the City. Franchisee shall pay promptly and before they become delinquent, all taxes on personj
property and improvements owned or placed by Franchisee and shall pay all heense fees and public
utility charges relating to the conduct of its business, shaR pay for all permits, licenses and zoning
MPPOOT
the City and shall pay utility taxes and license fees imposed by the City.
Section 39.1 The City and Franchisee respectively represent that its signatory is duly
ENRON OPIUM iiiiiiiii'llilli�illillillillillillprililillial��
Section 39.2 This Franchise shall be construed in accordance with the laws of the State
0 1 of I 1 11
DocuSign Envelope ID: 775EOAB3-A3A8-43E8-B864-364EE7A50AA3
Section ®3 Section captions and headings are intended solely to facilitate the reading
thereof Such captions and headings shall not affect the meaning or interpretation of the text
herein.
plural includes the singular.
pqiiiiiiiqi� !1,��IIjIIII1jpIIIjIIj I 1 1111111111111 11111 1111111111111
I ii IMMIM
11111111111111111111 I� !Iij 1� 11111111:11111111111111 ''111 11111 pil 11111l", 11, 1111111 IS 111111111111111
MM,
authorizations and agreements from any party or entity and it is acknowledged and agreed that
r....=,Pr anDrovals,
authorizations or agreements are required or have been obtained by Franchisee by any person or
ill�lil�illillilil'i'llilli 1111111 11
QUAR 1 1, 11 11' 11, 11 R,
Section 39.7 Franchisee acknowledges that it, and not the City, shall be solely
responsible for the premises and equipment's compliance with all marking and lighting
requirements of the FAA and the FCC. Franchisee shall inder urtify and hold Medina harmless
from any fines or other I iabilities caused by Franchisee's failure to comply with such requirements.
Should Franchisee or Medina be cited by either the FCC or the FAA because the Facilities or the
Franchisee's equipment is not in compliance and should Franchisee fail to cure the conditions of
noncompliance within the fimeftame allowed by the citing agency, Medina may either terminate
this Franchise immediately on notice to the Franchisee or proceed to cure the. conditions of
noncompliance at the Franchisee's sole expense.
Section 39.8 Any reference to the City's costs that must be paid by Franchisee pursuant
to the terms of this Franchise shall mean all actual, reasonable, and documented costs of the City,
Section 39.9 Neither party shall be required to perform any covenant or obligation in
this Franchise, or be liable in damages to the other party, so long as the performance of the
covenant or obligation is delayed, caused or prevented by a Force Majeure Event. A "Force
Majeure Event" is defined for purposes of this Franchise as Acts of God or similar event, delays,
earthquakes, explosions, fire, floods, lockouts, insurrection, pandemic, riots, strikes of any kind,
terrorism, storms, unusual transportation delays, war, washouts, weather (including inclement
weather which prevents construction), and acts of the public enemy.
City of Medina — T-Mobi le Franchise
46
I . . . . - W-
RIFfiq1tv, 9MI
L=4
On the 12th day of September 2022, the City Council of the City of Medina passed
Ordinance No. 1013 (2022). A summary of the content of said Ordinance, consisting of
the title, is provided as follows:
NOX-ff"
Aimee Kellerman, CITY CLERK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: 9/12/2022
PUBLISHED: 9/15/2022
EFFECTIVE DATE: 9/20/2022
ORDINANCE NO.: 1013 (2022)
City of Medina - T-Mobile Franchiso
47
T-Mobile West, LLC for itself and its successors and assigns, hereby accepts and agrees to be
bound by all lawful terms, conditions, and provisions of the Franchise attached hereto and
incorporated herein by this reference.
Eambn O'L—eary"'-'-
By: Sr Area Diredff Date: tCD .131 -
Name:
ME= = ��
STATE�OF
COUNTY OF 411
Sf -
On this 3,4 day of
—0 k4v 2022, before me the undersigned, a Notary Public in and
for the State of d I commissioned and sworn, personally appeared,
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she
is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto,§et my hand and affixed my official seal on the date
hereinabove set forth
67)
Signature mm
N TA Y PUBLI i n an, residing at
r the State of NA/A I A 'fYt
o M I �L t LIP11 < 11 '
MY COMMISSION EXPIRES:
�DATE !!
CERTIFICATE OF LIABILITY INSURANCE
r
IJ r• • �- r r •. • ., • r r -•
PRODUCER Lockton Companies
Three City Place Drive, Suite 900
St. Louis MO 63141-7081
(314)432-0500
INSURED T Mobile US, Inc.
1412126 Its Subsidiaries and Affiliates,
including Sprint Corporation
12920 SE 38th Street
Bellevue WA 98006
1VERAGES TMOBI CERTIFICATE NUMBER: 66256 REVISION NUMBER: xxxxxxx
• 011R i.r r •i s r rr
NOUNMEN
i r is ri:.:Mxvj `• i r • +.•
_--_--'IADDL SU6R � POLICY EFF � POLICY EXP
TR TYPE OF INSURANCE 1NbYp POLICY NUMBER MMlDDtYYY MM/DDIYYYY LIMITS
A `X COMMERCIAL GENERAL LIABILITY y Y 7012343900 5/l/2022 5/l/2023 EACH OCCURRENCE _$_ 1 O 000,000
�"DAk10 T0_REN-'fib
C ,. CLAIMS -MADE OCCUR PREMISES 1Ea occurrence) $ 1 O OOO 00Q
q MED EXP (Any one . $ 25,Q00
._ r....___ .- ----- ----
..------ person) ...------:
PERSoNAL & ARv INJURY j $, 1,0,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE Is 20,000_,000
POLICY CET ® LOC PRODUCTS - 20:000000 _
OTHER $
A AUTOMOBILE LIABILITY y y 7012343878 5/1/2022 5/1/2023 ( COMBINED SINGLE LIMIT
lea acci�egtl 5 000,000
(.X ANY AUTO BODILY INJURY (Per person) $ XXXXXXX
AUTOS ONLY UTOS
OWNED: SCHEDULED
I BODILY INJURY (Per accident) ,$ X r
A
HIRED NON -OWNED +. RROPERTY DAMAGE ,$ X ------
AUTOS ONLY __.:AUTOSONLY ,'. ,1Peraceide(1t).
k $ XXXXXXX
X UMBRELLA LIAB X OCCUR N N I CUE 7014886953 5/1/2M 5/l/2023 I. EACH OCCURRENCE $..I,Q �0O3OOQ
B EXCESS LIAB ( ' SIR applies per policy AGGREGATE $. 10,000,000
CLAIMS MADE I
B — — - terms & conditions -
DeD i X RETENTION $ 10,000 ( $ XXXXXXX
'AND
COMPENSATION C 1 PER ( 1 OTH- ,
B N 7012343895 �AQS)5/1/2022 5/1/2023 X STATUTEAND EMPLOYERS• LIABILITY ;
B ANY PROPRIETOR/PARTNER/EXECUTIVE Y! N € 7012343881 CA) 5/1/2022 5/l/2023 E L EACH ACCIDENT '.$ 2 OOOy000 i
C OFFICER/MEMBER EXCLUDED? ® NIA; 7012447142 AZ,MA,OR,WI) '5/1/2022 5/l/2023 - -
(Mandatory In NH) I ' E.L. DISEASE - EA EMPLOYEE '..$_2 00 000 f
If yes, describe under
DESCRIPTION OF OPERATIONS below ( E.L. DISEASE - POLICY LIMIT $ 2 00 0000
D
D Pollution/ N NI 004364800 5/1/2020 5/1/2023 Each Pollution Condition $ 10,000,000 j
Environmental Impairment Aggregate $20,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The Certificate Holder and other entities as defined by written contract, statute, permit application or written agreement, are additional insureds on a primary and non-
contributory basis under general liability and automobile liability. Waiver of Subrogation applies under general liability and automobile liability as required by written
contract. ** See Attached Endorsements** SE02025C / Nearest to 247 84th Ave. NE., Medina, WA 98039
1656
City of Medina
Attn: City Manager
501 Evergreen Point Rd.
Medina WA 98039
CANCELLATION
SHOULD ANY OF :• DESCRIBED POLICIES BE CANCELLED : •`2
EXPIRATIONTHE DATE THEREOF,• DELIVERED
PROVISIONS.ACCORDANCE WITH THE POLICY
AUTHORIZED
Q t r • - r CORPORATION.• - r.
AttachatK8 Master ID: 1412126, Certificate ID: 18966256
|1bunderstood and agreed that:
If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom
the Agent of Record has issued a Certificate of insurance, and if the Insurer cancels a policy term described on
If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with
the Agent of Record will be sufficient to prove notice.
Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such
cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record.
. endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
as effect on the Policy Effective date of said policy at the hour stated in said policy, unless another
- —
—
FonmNu: CNA75014XX(01-2015) Policy No: 7012343900
Endorsement Effective Date: 5/1/2022 Policy Effective Date: 5/1/2022
Endorsement No: Page: IofI
Underwriting Company: Continental Casualty Company
@ Copyright cmxAll Rights Reserved.
�� --
I
Additional Insured — State or Governmental Agency
• Subdivision • Political Subdivision —
T F.M
COMMERCIAL GENERAL LIABILITY COVERAGE PART
State Or Governmental Agency Or Subdivision Or Political Subdivision:
t iii ct, Derui
IN
.r9roff 111 M.
A. The WHO IS AN INSURED is amended to add as an Insured any state or governmental agency or subdivision or
political subdivision shown in the Schedule that has issued a permit or authorization for operations performed by or
•':
behalf of the Named Insured, but only with respect to bodily injury, property damage or personal and advertising
injury arising out of the permitted or authorized operations.
However, if coverage for the additional insured is required by written contract • written agreement, subject always to
the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional
insured with:
1. bodily injury, property damage or personal and advertising injury arising • of operations performed • the
federal government, state or municipality; or
2. bodily injury or property damage included within the prod ucts-completed operations hazard.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown
below,
CNA74739XX (1-15) Policy No:
Pagel of 7012343900
Endorsement No:
CONTINENTAL CASUATLY COMPANU\Y
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided underthe following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect tocoverage provided bythis endorsement, the provisions ofthe Coverage Form apply unless
modified bythis endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability
Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter
coverage provided inthe Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured: T-MOBILE
Where required by written contract executed prior to loss.
Each person or organization shown inthe Schedule is an" insured" for Covered Autos Liability Coverage
but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph &1.of Section ||- Covered Autos Liability Coverage in the Business Auto
and Motor
nnmo: 7012343878 Policy NO: 7012343878
dooememEffective Date: s/z/2mzz Policy Effective Date: 5/1/2022
@) Copyright Insurance Services office, Inc., 2011
EPA "$aN]
IVIT(TV r*v t- WOW
called Obligee, in the amount of TweInIty T11housand-an-d NQ1100 Dollars (MM-0.10-0) for the payment o
which sum, well and truly to be made, the said Principal and Surety bind themselves, and their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has obtained or is desirous of obtaining a Rjght of Way Eran ' e Aareernent froTr
CLity-Df -Mecrina for the telecommunications facility located at y-ari us Imlions and I
WHEREAS, as a condition of said Riah t of Way ErancWisg-,Agregment Principal is required to provide a
Bond guaranteeing the Qperation and maintenance of a telecommunications ngtw-Q-r-k at said location.
------ - ------
otherwis to remain
in full force and effect.
1. It shall be a condition precedent to any right of recovery hereunder, that in event of any defa
on the part of the Principal, a written statement of the particular facts of such default shall
forwarded to the Surety, within sixty (60) days of the occurrence of such default, delivered
1
registered mail to Surety at its Home Office located at: 175 Berkeley Street, Boston, MA 021 1.
2. That no action, lawsuit or proceeding shall be had or maintained against the Surety on t's
Bond unless the same be filed and properly served upon the Surety within one year from t
effective date of the cancellation of the Bond. I
3. That no right of action shall accrue under this Bond to or for the use of a person or entity oth
than the Obligee, and its successors and assigns. i
4. This Bond shall become effective November 1, 2022.
This Bond shall continue in full force and effect until canceled by the Surety by providing thirty
(30) days written notice to the Obligee.
1�11 -, g'' I
[MUMMVP 11=0 MIATM =50 OMMIM
If any conflict or inconsistency exists between the Surety's obligation or undertakings as
described in the Bond and as described in the underlying document, then the terms of the
Bond shall prevail.
IN WITNESS WHEREOF, The said Principal and Surety have signed and sealed this instrument on
this 1st day of November, 2022.
Surety
By
Christy M. ra' e, Attorney -in -Fact
LibertX
mutuil.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
Certificate No: 8206414-674009
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _f. Ste hens
.Gri s; Charissa D. Lecu-yer; Charles R. Teter, 111; Christy M. Braille; Debra J. Scarborough; Erin C. Lavin; Evan D. Sizemore; Hillary D. Shepard; Jeffrey C. Carey;
Kellie A. Mayer; Lauren Scott; Mary T. F1 . an- Patrick T. Pribyl; Rebecca S. Leal; Tahitia M. F. ; Veronica Lawvcr
all of the city of _Kansas City state of MID each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 5th day of October 1 2021
Liberty Mutual Insurance Company
Pv I s1J -,-I INS4, %NSU The Ohio Casualty Insurance Company
U F West American Insurance Company
1912 0 1919 1991 0C.)
0
C,U raga gad l�
By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA ss
County of MONTGOMERY
4) On this 5 th day of October , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
0 -cd Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
-Fo
71 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
e-g
(n
oPAq7�
2 5 ONWk < commonw_eajih of -Pennsoania -Notary Seal
do 0 Teresa Pastella, Notary Public
OF Montgomery County All�
�5 2 My commission expires March 28,2026 By: 76wli
Commission number 1126044 Teresa Pastella, Notary Public
a, Member, Pennsylvania Association of Notaries
1:11 U, 10 C, 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
t 01 0 �� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
- o? ARTICLE IV -OFFICERS: Section 12. Power of Attorney.
0 to Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
0>1 President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely
> 0
C: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
a)
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative oranorney-in-fact under the
Z L) provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the Officer or officers granting such power or authority.
ARTICLE Xill - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such afforneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as H
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such aftomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and Correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 st day of November , 2022 .
o'l INS&
0— 9?
Z 0,
1912 n a 1919 0
0wo
V,
Ac M
LIVIS-1 2873 LMIC OCIC WAIC Multi Co 02121
N 3 U,?.
Lu
1991
By:
Renee C. Llewellyn, Assistant Secretary