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Home My WebLink About08-053 - Valley Commnications Center - In Building Radio Frequency License (SOOZ 'TZ AeW) V 40 T abed 4u9w9aa6y asuaD!� ADuanbaad o!pe -1 6u!pl!ng -uj A4!a aagwaw woD Aa!len e s! „el!m� nl,,) ei!m� nl .jo A4!- ayl 1 6LZ2!90AA PUe 966dE)bM 'OVSH9bM '9CSH9bM salauanba.ij aol aasuaz)! .ia4ua:) suolgealunwwo:) leaapad ay4 s! .ia4u@D suoi4ea!unwwoD Aallen a sasodind pue s1e06 s,wo:) Aallen aay4anj o4 A.Aessaaau s4ae aay4o a�e4aapun (n! pue 's9!4!1!q!suodsaa A4ajes allgnd Iaaw 04 sasuaall Aauanba.ij olpea ploy 'saainaas AaessaDau aoj sal4aed pa!y{ yj!M s4uaw9aa62 0 a94ua 'saainaas gDns 4o swaa4 ayq pue paaa44o aq Ileys saalnaas 4eynn aulwa949p Ileys wok Aallen 4ey4 '4aed quau!laad ui 'sap!noid woD Aallen JOJ 4uau.waaa6y leaolaalui 6UIUJan06 ayl D asuodsaa Aau96aawa pue Aga4es Dllgnd panoadw! 4o aDueaay4an4 ayq u! s4uawgaedap A4a4es allgnd ,sa14!a 6u!4ed!a14aed ay4 pue Dllgnd ay4 uaannlaq saalnaas bulyajedslp pue 6u!4ealunwwoo a04 suopDun4 1e4uap!aul pa4elai Ile pue suoi4ea!unwwoa aalnaas ADua6.aawa ao4 A4!aog4ne pue A4!1!q!suodsaa ay4 sey wok Aallen,, 4ey4 sap!no.id 4uawaaa6y Ieaolaa4ul 6ulu.lan06 ayl 9 wok Aallen 40 suo!4e6!!go pue s1e06 ayj agDAnj 4ey4 s4uawaaa62 oqui aa4ua o4 Al!aoygne ayj sey paeog an!4ea4s!u!wpy „wok Aa!len aa4u su011e01unwwo:) Aallen ayl b' sa!ouanbaad pau6lssV ayj aapun aasuaa! 9y4 Jo aau6lsap e se II2W aa4uaDg4noS 4e juawaa_a6d asuaal ADuanbaa_� o!ped 6u!pl!n9 -ui ue oqui aa4ua of uolsslwiad el!mn nl jo AT!D ay. suea6 o4 el!mn nl A4!:) aagw@N pue aa4u9D su014ea!unwwoD Aallen ay4 uaann4aq pue Aq apew s! „Iuaw9aa6y luawaaa6y slyl vII mni =iO Aim (3Nd d31N3:) SNOIIV:)INnwwo:) A311VA N33M139 1N3W33'd9V 3SN3:)I A:)N3nb32l3 OIdv21 JNIa-iIf18 -NI F. Tukwila has authority under Chapter 36.70B.170 -210 Revised Code of Washington to require Tukwila Police Department and Fire Department transmission and reception with Valley Com as a condition of development. G. Such a condition has been imposed on Westfield LLC the owner /operator of the Southcenter Mall. Westfield LLC seeks to fulfill the condition through its vendor SpectraSite Communications LLC "SpectraSite which will provide an Emergency Services Repeater System "Equipment upon an executed in- building license agreement with the frequency licensee. H. Tukwila seeks permission to act as a designate of the frequency licensee for purposes of the agreement with SpectraSite and /or Westfield, LLC. I. The Equipment will be owned and maintained by Spectra Site Communications, LLC, (the "Licensor or agents of the Licensor with no anticipated expense or liability flowing to Tukwila or Valley Com (See Exhibit A, hereto attached.) J. The Administration Board finds that it is in the best interest of public safety and response and thereby furthers Valley Com's goals and purposes to enable the Tukwila to enter into the agreement with SpectraSite. NOW, THEREFORE, BASED ON THE MUTUAL BENEFITS AND OBLIGATIONS RECITED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: AGREEMENT 1. Tukwila is hereby granted permission to enter into an in- building radio frequency license agreement with SpectraSite LLC and /or its successors and assigns in the capacity as a designee of the Licensee for frequencies WQBH536, WQBH540, WQGP996 and WQGR279 for so long as such permission is consistent with all local, state and federal laws and regulations and for so long as no obligations or liabilities shall bear upon Valley Com for the installation, In- Building Radio Frequency License Agreement Page 2 of 4 (May 21, 2008) Valley Com for the installation, operation, maintenance, repair or removal of the Equipment and for so long as such Agreement is solely for the purpose of enhancing public safety communications. 2. Tukwila agrees to defend, indemnify and hold harmless Valley Com from any claim, cause of action or liability arising from the execution of this Agreement; or the installation, operation, maintenance, repair, removal or presence of the Equipment, including but not limited to third party claims and /or violations or allegations of violations of local, state or federal laws and /or regulations. 3. This Agreement shall remain in force and effect until such time it is terminated upon thirty days notice of either party. 4. This Agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 5. This Agreement shall be effective upon the last date of execution. IN WITNESS, the authorized representatives of the parties have executed this lease as of the date last entered below. VALLEY COMMU TIONS CENTER CITY OF TUKWILA By: a m e: a g g e rto n Mayor Date: a (Notary Acknowledgements Appear on Next Page) APPROVED Asst C,E �I �r ��ec� crs PPROVED AS TO FORM: f c tr1- Tom Brubaker, City Attorney In- Building Radio Frequency License Agreement Page 3 of 4 (May 21, 2008) Print Name: Peter B. Lewis Title: Administration Board Chair Date: JUN 16 2008 STATE OF WASHINGTON ss. COUNTY OF KING I hereby certify that on the 6 day of 2008, I know or have satisfactory evidence that PETER B. LEWISA the person who appeared before me, and said person acknowledged that he signed thV4 instrument, on oath stated that he is authorized to execute the instrument on behalf of the VALLEY COMMUNICATIONS CENTER, Kent, Washington as its Administration Board Chair, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Seal Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year fir§tNe rexis,,written. n? NOTARY PUBLIC, in and for the State of Washington residing at Y1 U My appointment expires C CI 2 5 2&/l STATE OF WASHINGTON ss. COUNTY OF KING I hereby certify that on the 7�' day of v 2008, I know or have satisfactory evidence that JIM HAGGERTON is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF TUKWILA, as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Seal Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year A?, e written. r o•� a r NOTARY PUBLIC, in and for the State of Washington (PZ Av �G residingat �i 329 A'J �O_ My appointment expires 0 �i,..WASN.� P• \Qvi I \Fi les \OpenFiles \0247 \SouthcenterAg reementwithTukwila- 051608. doc In- Building Radio Frequency License Agreement Page 4 of 4 (May 21, 2008)