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Ordinance 18-009 Verizon Franchise , ig-10co CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 18-009 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO VERIZON WIRELESS (VAW) LLC d/b/a VERIZON WIRELESS TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY,AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels,for water,sewer and other private and publicly owned and operated facilities for public service;"and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter,nor at any other than a regular meeting nor without first being submitted to the city attorney,nor without having been granted by the approving vote of at least a majority of the entire legislative body,nor without being published at least once in a newspaper of general circulation in the city before becoming effective;"and WHEREAS,this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS,the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions,is in the best interests of the public, and protects the health, safety,and welfare of the citizens of this City. • NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance,the following words and terms shall have the meaning set forth below: "City Manager"means the City Manager or designee. "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. "construction"or"construct"shall mean constructing,digging,excavating,laying,testing, operating, extending,upgrading,renewing,removing,replacing, and repairing a facility. "day"shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. Ordinance 18-009 Verizon Wireless Franchise Page 1 of 16 "Fair share" shall be determined for a project on the basis of the number of conduits of Grantee's facilities being undergrounded in comparison to the total number of conduits of all other utility facilities being undergrounded. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances"shall have the same meaning as RCW 70.105D.020(10). "maintenance,maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities with new facilities that are substantially identical to those being replaced or repaired, including constructing, relaying, repairing, replacing, examining, testing,inspecting,removing, digging and excavating, and restoring operations incidental thereto. "permittee"shall mean a person or entity who has been granted a permit by the permitting authority. "permitting authority"shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of-way. "product"shall refer to the item,thing,or use provided by the Grantee. "relocation" shall mean any required move or relocation of an existing installation or equipment owned by Grantee whereby such move or relocation is necessitated by installation, improvement, renovation, or repair of another entity's facilities in the rights- of-way, including Grantor's facilities. "rights-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. "streets"shall mean the surface of, and the space above and below,any public street,road, alley,or highway,within the City used or intended to be used by the general public,to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean, collectively or individually, any and all equipment, fixtures, appurtenances, antennas, receivers, equipment boxes,backup power supplies, power transfer switches, cut-off switches, electric meters, coaxial cables, fiber optic cables,telcom demarcation boxes and related materials and other facilities necessary to furnish and deliver telecommunications services,including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter as "City" or "the City"), hereby grants unto Verizon Wireless (VAW) LLC d/b/a Verizon Wireless(hereinafter"Grantee"),a franchise for a period of 10 years,beginning on the effective date of this Ordinance, to install, construct, operate, repair, maintain, replace and use all necessary equipment and • Ordinance 18-009 Verizon Wireless Franchise Page 2 of 16 facilities to place telecommunications facilities in, under, on, across, over, through, along, or below the public rights-of-way located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise(hereinafter the"franchise"). This franchise does not include the right to install or maintain facilities on, over, or above that portion of the rights-of-way utilized for vehicular travel and parking. This franchise does not convey any right to Grantee to install its facilities on, under, over, or across any facility or structure owned by a third-party without such written approval of the third-party. No substantive expansions, additions to or modifications (excluding modifications necessitated by replacement or repair) or relocation of any of the facilities shall be allowed without first having received prior authorization from the City through an amendment to this franchise, or pursuant to a permit issued by the City. Placement of all telecommunication facilities in the rights-of-way shall be pursuant to the Spokane Valley Municipal Code, including applicable zoning requirements. Grantee shall be permitted to install, operate, maintain,upgrade,remove,replace,repair and/or restore its telecommunications facilities within the rights- of-way in order to provide telecommunication services to its customers. A) Grantee shall be permitted to erect or replace poles within the rights-of-way only as permitted and pursuant to applicable Spokane Valley Municipal Code ("City Code") sections. Grantee shall be responsible for providing an alternate site analysis together with Grantee's initial request for approvals. Such report shall be paid for by Grantee, and may be prepared either by a third party consultant/engineer agreed to by the Parties. B)The maximum height of any structure placed within the rights-of-way shall be 90 feet. C) Any cabinet, cabling, or other accessory equipment which can be placed underground shall be undergrounded as provided in Section 14. Other cabling or electrical equipment shall either be placed within the supporting pole or structure, or concealed from view in accordance with applicable sections from the City Code. D)Any above-ground electrical equipment placed upon a utility pole or structure shall be operated in a manner which permits it to be deactivated during maintenance,construction, or reconstruction of other utility equipment located on the utility pole or structure. Any above-ground telecommunications facilities,including any electrical facilities necessary to the operation of the telecommunications facilities, shall be co-located with the facilities of another utility provider whenever commercially reasonable. E) To the extent that such facilities are personal wireless services, Grantee and the City will subsequently enter into a site-specific agreement, including the payment of a site specific charge, pursuant to the requirements of RCW 35.21.860,in a form to be mutually agreed upon. F) The facilities shall not be used for cable intemet services or Cable Services as those terms are defined in 47 U.S.C. § 522(6). G) Grantee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this franchise provided: (a) Grantee retains exclusive control over its telecommunications system, facilities; and services,and remains responsible for constructing,installing, and maintaining its facilities pursuant to the terms and conditions of this franchise; Ordinance 18-009 Verizon Wireless Franchise Page 3 of 16 (b) Grantee may not grant rights to any customer or lessee that are materially greater than any rights franchisee has pursuant to this franchise; (c)Such customer or lessee or Grantee shall not be construed to be a third-party beneficiary under this franchise; and (d)No such customer or lessee may use Grantee's telecommunications system or services for any purpose not authorized by this franchise,nor to sell or offer for sale any service to the citizens of the City without all required federal approvals Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any,between the parties. Section 4. City Use. To the extent applicable to Grantee's use of the rights-of-way, the following provisions shall apply regarding City use. A) Grantee agrees to reserve to the City the right to access four dark fiber strands (two pair) along the route as mutually approved by both parties at a later date,within the boundaries of the City,for sole and exclusive municipal, non-commercial use or designation (the "City Reserved Fibers"). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. B) The City has the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits;provided that all splicing shall be the sole responsibility of Grantee, except cost,pursuant to Section 4(D),below. The City shall provide at least 30 days' written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing and shall negotiate and enter into a"Fiber License Agreement"which shall govern the terms and conditions for use of the City Reserved Fibers,except cost,which is set forth herein. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. • C)In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle,then the following shall apply: 1)If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate. 2) If the City is not using the fibers,the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. If Grantee installs additional fiber capacity,the City's right to use four dark fiber strands as set forth in subsections I and 2,immediately above,shall again be in effect. D) All access, interconnection and maintenance to and on the City Reserved Fibers shall be performed by Grantee. The City shall pay all costs associated with such work to the City Reserved Ordinance 18-009 Verizon Wireless Franchise Page 4 of 16 Fibers. The City Reserved Fibers shall have a term that matches the duration of this franchise Ordinance. • E) Pursuant to RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way,the City Manager may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal,non-commercial purposes. 1)The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. 2)This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3) Grantee shall notify the City Manager at least 14 days' prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of a summary of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise,contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non-Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights-of-way, so long as any subsequent franchise or permit does not unreasonably interfere with Grantee's use of the right-of- way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights- of-way or affect its jurisdiction over them or any part of them. Section 7. Non-Interference with Existing Facilities. The City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, streets, avenues,thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of Grantee,unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the City Manager's written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal,adjustment or relocation,and the expense thereof shall be paid by Grantee. The owners of all utilities,public or private,installed in or on such public properties prior to the installation of the telecommunications facilities of Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to unreasonably interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights-of-way by or under the City's authority. If the work done under this franchise damages or unreasonably interferes in any way•with the public use or other facilities, Grantee Ordinance 18-009 Verizon Wireless Franchise Page 5 of 16 shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the City Manager. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws, and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns, or agencies. Application of said federal, state,and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty,obligation,or responsibility for the competent design,construction,maintenance,and operation of its telecommunications facilities. Grantee is responsible for the supervision,condition,and quality of the work done,whether it is by itself or by contractors,assigns,or agencies. If Grantee shall at any time be required,or plan,to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches,provided that: (1)such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro-rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights-of-way subject to compliance with the City Code. All • such trimming shall be done at Grantee's sole cost and expense. Section 11. Emergency Response. Grantee shall, within 30 days' of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel,and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection of the health and safety of the public. In the event Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property,and Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 12. One-Call System. Pursuant to RCW 19.122, Grantee shall comply with Washington's One- . Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation,operation,and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities. If the City does not require the undergrounding of Grantee's facilities at the time of a permit application,the City may, at any time in the future,require the conversion of Grantee's aerial facilities to underground installation at Grantee's expense at such time as the City requires all other utilities,except electrical utilities, with aerial facilities in the area to convert them to underground installation. Unless otherwise permitted by the City, Grantee shall underground its facilities in all new developments and subdivisions where other utilities are to be constructed underground, and any development or subdivision where utilities are currently underground. Ordinance 18-009 Verizon Wireless Franchise Page 6 of 16 • Section 14 shall not apply to facilities that are required to remain above ground in order to be functional; provided, however, all other facilities and equipment capable of being installed underground shall be undergrounded by Grantee. In the event the City requires the undergrounding of the aerial utilities in any area of the City,Grantee shall underground its aerial facilities concurrently with and in the area of the other affected utilities. The location of any relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee's own facilities. Grantee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the City's placement of utilities or increase the City's costs. Grantee shall pay the City the City's actual additional cost to the City resulting from providing Grantee access to an open trench,including without limitation the pro rata share of the costs of access to an open trench and any costs associated with the delay of the completion of a public works project. Nothing in Section 14 shall be construed as requiring the City to pay any costs of undergrounding any of Grantee's facilities,except as may otherwise be required by Washington State law. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure,upon at least 14 days' written notice from the City, Grantee shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof;provided,that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities,as determined by the City. Upon good cause shown by Grantee,the City may require more than 14 days' notice by the third party to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. • Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities,the City may direct Grantee,at Grantee's sole expense,to take reasonable actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public,adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent the emergency condition was caused by Grantee's use of the right-of-way. Ordinance 18-009 Verizon Wireless Franchise Page 7 of 16 • • Section 17. Hazardous Substances. Grantee shall comply with all applicable federal,state and local laws, statutes,regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims,costs,and expenses, of any kind,whether direct or indirect,incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's rights-of-way. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted,promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses)which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then-existing telecommunications facilities,the City shall: A)At least 60 days'prior to the commencement of such improvement project,provide Grantee with written notice requiring such relocation, and Grantor will make reasonable efforts to provide at least 90 days' advance notice;and B) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project. C)After receipt of such notice and such plans and specifications,Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City so as to accommodate the improvement project in accordance with RCW 35.99.060 (2). Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section or may teiuiinate the site-specific agreement associated with the affected installation. Ordinance 18-009 Verizon Wireless Franchise Page 8 of 16 The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City,where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees to the extent arising out of or in connection with such delays,except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City,which consent shall not be unreasonably withheld. A. Underground facilities; The City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee (whether or not the entity had permission to abandon the facility) and restore the rights-of-way to their pre-removal condition when: (a) a City project involves digging that will encounter the abandoned facility; (b)the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights-of-way and the City is reconstructing or resurfacing a street over the rights- of-way; or(d)the abandoned facility has collapsed,broke, or otherwise failed. Grantee may,upon written approval by the City,delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless (b) or (d) above applies. When(b) or(d) applies, Grantee shall remove the abandoned facility from the rights-of- way as soon as weather conditions allow,unless the City expressly allows otherwise in writing. B.Aboveground facilities:Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 180 days. C. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above,then the City may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs,including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide the City,at no cost to the City: A)A route map that depicts the general location of the Grantee's telecommunications facilities placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types,number of fibers or cables,electronic equipment, and service lines to individual subscribers. Grantee shall also provide an electronic map of the aerial/underground telecommunications facilities in relation to the right-of-way centerline reference to allow the City to add this information to the City's Geographic Information System("GIS")program. The information in this subsection shall be delivered to the City by December 1,annually. B)In connection with the construction of any City project,Grantee shall provide to the City,upon the City's reasonable request,copies of available drawings in use by Grantee showing the location Ordinance 18-009 Verizon Wireless Franchise Page 9 of 16 of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. C) Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area;provided,however,any such plan so submitted shall be deemed confidential and for informational purposes only,and shall not obligate Grantee to undertake any specific improvements within the franchise area. The information in this subsection shall be delivered to the City by December 1, annually. D)In addition to the requirements of subsection 1 of this section, the parties agree to periodically share GIS files upon written request,provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. E)Public Record Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Record Act codified in chapter 42.56 RCW. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL"prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non- disclosure, the City agrees to withhold release of the requested documentation/ information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, Grantee shall not be permitted to excavate such street except as set forth in the City's then-adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the City that extending the telecommunications facilities, as proposed, would interfere with the public health,safety,or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein,the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public, including but not limited to the currently adopted Spokane Regional Pavement Cut Policy. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of • Ordinance 18-009 Verizon Wireless Franchise Page 10 of 16 any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations,unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Spokane Valley Municipal Code and this franchise,the Spokane Valley Municipal Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. In the event of a street vacation,the City shall include in the vacation ordinance a reserved easement'for the continued location of Grantee's facilities. Section 27. Indemnification. A) Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments,awards or liability to any person arising from injury,sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: 1) For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; 2)By virtue of Grantee's exercise of the rights granted herein; 3) By virtue of the City permitting Grantee's use of the City's rights-of-ways or other public property; 4) Based upon the City's inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; 5) Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right- of-way, or other public place in performance of work or services permitted under a franchise; or B) Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by Grantee's own employees and the employees of Grantee's agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Grantee's exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee's waiver. To the extent required to provide this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. Ordinance 18-009 Verizon Wireless Franchise Page 11 of 16 C)Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of' these covenants of indemnification. Provided, that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit • and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D) In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction(or such other tribunal that the parties shall agree to decide the matter),to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the reasonable costs of the City of recovering under this subsection. E)Grantee's duty to defend,indemnify and hold harmless City against liability for damages caused by the concurrent negligence of(a)City or City's agents,employees,or contractors,and(b)Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. F)Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City-owned property from activities conducted by the City,its officers,agents,employees and contractors,except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to,business interruption damages and lost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City,its officers,agents,employees or contractors. G) The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights,privileges and authority granted hereunder to Grantee,its agents,representatives or employees. Grantee's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A)Automobile Liability insurance with limits no less than$1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned,non-owned, Ordinance 18-009 Verizon Wireless Franchise Page 12 of 16 hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and B) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01,or a substitute form providing equivalent liability coverage acceptable to the City,and shall cover products liability. The City shall be named as an insured under Grantee's Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and$2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground(XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: A) Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in • the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Grantee's insurance and shall not contribute with it. B) Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days'prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City,its officers, officials,employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee,or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City,not to exceed$25,000, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. In the event the City draws on the surety for purposes set forth in this franchise such that the remaining value of the surety falls below $10,000, the City may request that the surety be renewed to the full value of$25,000 as a condition of doing any additional work in the rights-of-way. • Ordinance 18-009 Verizon Wireless Franchise Page 13 of 16 • Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration,amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise,then the City shall notify Grantee in writing,stating with reasonable specificity the nature of.the alleged default. Grantee shall cure any alleged default within 30 days after receipt of the notice. If Grantee fails to cure the default within such 30-day period, and the City and Grantee do not otherwise reach an agreement with regard to such default, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect,in lieu of the above and without any prejudice to any of its other legal rights and remedies,to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. • Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City from any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee,by merger, sale,consolidation or otherwise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall,after the expiration of the 60-day period,absolutely cease, unless the time period is extended by a subsequent ordinance passed expressly for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 14, 16, 17, 18, 19,20,27,28,29,37,38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute,by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions,regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges,as well as all obligations and liabilities of Grantee shall inure to their respective heirs,successors and assigns equally as if they were specifically mentioned herein. Section 35. Severability. If any section,sentence,clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction,the City reserves the right to reconsider the grant of the franchise and may amend,repeal,add, replace or modify any other provision of the franchise,or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified,in writing: Ordinance 18-009 Verizori Wireless Franchise Page 14 of 16 The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley,WA 99206 Grantee: Verizon Wireless (VAW)LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts,in the United States District Court for the Eastern District of Washington. Section 39. Non-Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance,nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings,written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this /0 ay of April,2014. L.R.Higgins, ATT`.T, •." tine Bainbridge, City Clerk Approved as t, _m m: Offic i • m e Ci . tomey Date of Publication: cZd0 lJ Effective Date: 6 - a 0 -a d i y Ordinance 18-009 Verizon Wireless Franchise Page 15 of 16 Accepted by Verizon Wireless(VAW)LLC d/b/a Verizon Wireless: By. Gordon Cook nd official capacity Director- Network Field Engineering • The Grantee,Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. SS WHEREOF, , 2018. Subscribed and sworn before me this day of ,2018. otary Public in and for the State of residing in My commission expires Ordinance 18-009 Verizon Wireless Franchise Page 16 of 16 STA fb OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 7 day of a , 2018, before me, a Notary Public in and for the State of Washington,personally apjared Gordon Cook,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director-Network Field Engineering of Seattle SMSA Limited Partnership d/b/a Verizon Wireless, By Cellco Partnership, Its General Partner,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. LELAH VAGA_._. S NOTARY PUBLIC , STATE OF WASHINGTON AR PUBLIC in and for the State of WA, residing at King County COMMISSION EXPIRES March 29.luty MARCH 29,2019 My appointment expires . ... Print Name Lelah Vaga • • FRANCHISE BOND Westchester Fire Insurance Company 436 Walnut Street,10`h Floor,Philadelphia,PA 19107 Bond No.K09667830 KNOW ALL MEN BY THESE PRESENTS,that we,Verizon Wireless(VAW)LLC d/b/a Verizon Wireless as Principal,and Westchester Fire Insurance Company,a corporation of the Commonwealth of Pennsylvania,as Surety,are held and firmly bound unto City of Spokane Valley 10210 E Sprague Ave,Spokane Valley,WA 99206, as Obligee,in the sum of Twenty-Five Thousand and NO/100--------Dollars,($25,000.00)lawful money of the United States of America,to be paid unto said Obligee,its successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the above bound Principal has entered into a written agreement,with the Obligee which grants a Franchise to the Principal to install,operate,remove,and maintain certain Telecommunications Facilities located within the Rights-of-Way of the City.Principal has agreed to faithfully perform and observe and fulfill all terms and conditions of said Franchise agreement referred to above and said agreement is hereby made a part of this bond with the like force and effect as if here in set forth in length. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above named Principal,its successors or assigns,does and shall well and truly observe,perform and fulfill its obligation as set forth in the above mentioned Franchise agreement,for which a bond must be posted,then the above obligation to be void;otherwise to remain in full force and effect. The bond is subject,however,to the following express conditions: FIRST: That in the even of a default on the part of the Principal,its successors or assigns,a written statement of such default with full detail thereof shall be given to Surety promptly,and in any event,within thirty(30)days after the Obligee shall learn of such default,such notice to be delivered to Surety at its Home Office at 436 Walnut Street,10th Floor,Philadelphia,PA 19107by registered mail. SECOND: That no claim,suit or action under this bond by reason of any such default shall be brought against Surety unless asserted or commenced within(12)months after the effective date of any termination or cancellation of this bond. THIRD: That this bond may be terminated or cancelled by Surety by thirty(30)days prior notice in writing to Principal and to Obligee. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. The liability of the Surety shall be limited to the amount set forth above and is not cumulative. FOURTH: That no right of action shall accrue under this bond to or for the use of any person other than the Obligee, and its successors and assigns. IN WITNESS WHEREOF,the above bound Principal and the above bound Surety have hereunto set their hands and seals on the 23`d day of May,2018.This bond is effective the 23rd day of May,2018 Veriz ' less(VA LC d/b/a Verizon Wireless B I or- e o le ngineenng Principal Westchester Fire Insurance Cony By:61.6ZAWatt y D.Clavin,Attorney-In-Fact • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this(6).%day of , 2018, before me, a Notary Public in and for the State of Washington,personally appbared Gordon Cook,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director-Network Field Engineering for Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. • Notary Public State of Washington PUBLIC i and for the State of WA,43(47 JANNETI'E L CLARK My Appointment Expires Aug 29, 2018 residing at Kirkland • My appointment expires 8/29/2018 Print Name: Jannette L. Clark ACKNOWLEDGMENT BY SURETY STATE OF Missouri I ss. City of St.Louis 23rd May 2018 On this day of , , _ , before me personally appeared Brittany D. Clavin ,known to me to be the Attorney-in-Fact of Westchester Fire Insurance Company ,the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,the day and year in this certificate first above written. OM% lAiCtil Jo R. Frank My Commission Expires: Tune 20, 2018 Notary Public in the State of Missouri (Seal) City of St. Louis s�,,,,r,�r ,,,�,, Commission#14395672 JOANN R. FRANK Notary Public, Notary Seal State of Missouri St. Louis City Commission # I4395672 My Commission Expires June 20, 2018 :..sue .�.: ,, ..-=; : .: . • S-0230/GEEF 2/98 Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit: 'RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-In-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-In-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. Does hereby nominate,constitute and appoint Brittany D Clavin,Cynthia L Choren,Debra C Schneider,Heidi A Notheisen,JoAnn R Frank,Karen L Roider,Pamela A Beelman,Sandra L Ham all of the City of SAINT LOUIS,Missouri,each individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on Its behalf,and as its act and deed any and all bonds, undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding SEVENTY MILLION DOLLARS&ZERO CENTS($70,000,000.00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 9 day of October 2017 µsr WESTCHESTER FIRE INSURANCE COMPANY /11 • Stephen M.Haney,Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. On this 9 day of October,2017 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument Is the corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the Cityof Philadelphia the day and year first above written. , • COMMONWEALTH OF PENNSYLVANIA • NOTARIAL SEAL s �)�, KAREN E.18 NOT,Nobly Pubic 1(0(1&4-66424Ave— tit eL: "~4/ W don BO=SIN LV,[V18, Votary Public I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy,Is in full force and effect. y-� In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this 23rtfay of May 20 1 8 4•-nit t n,,,� Th,M, Ana tAJIJJ �.��J/I+W 1.-or. Dawes M.Chforos.Assistant Secretary \ � o' �,t 55ssirIyp Sy r F! THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER OCTOBER 09,2019. ot.�rN„EAT aP`�J4r DocuGard#04546 contains a security pantograph,blue background,heat-sensitive ink,coin-reactive watermark,and microtext printing on border. ACORO' DAT ((M29D01 ) `..0. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If d SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). m PRODUCER CONTACT 'O ME: AOn Risk Services Northeast, Inc. PHONE FAX New York NY Office (A/C.No.Est): (866) 283-7122 (wc.No.): (800) 363-0105 v 199 Water Street New York NY 10038-3551 USA E-MAILDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: National Union Fire Ins CO of Pittsburgh 19445 Verizon Wireless (VAW), LLC INSURERS: New Hampshire Insurance Company 23841 dba Verizon wireless INsuRERC: Illinois National Insurance Co 23817 1095 Avenue of the Americas New York NY 10036 USA INSURERD: American Home Assurance Co. 19380 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570071343095 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER ((MMIDDI1YYYYYYYY)� IIMMIDDIYYYY)) LIMITS A d COMMERCIAL GENERAL LIABILITY GL5196564 06/30/1017 06/30/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE1O RENTED $1,000,000 $10,000 PREMISES(Ea occurrence) MED EXP(My one person) PERSONAL&ADV INJURY $1,000,000 m GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 v POLICY 1I LOC PRODUCTS N.EC o OTHER: I- A AUTOMOBILE LIABILITY CA 286-73-91 06/30/2017 06/30/2018 COMBINED SINGLE LIMIT $1,000,000 AOS (Ea accident) , BODILY INJURY Per person) G A X-ANYAUTO CA 286-73-92 06/30/2017 06/30/2018 ( Z OWNED —SCHEDULED MA BODILY INJURY(Per accident) 0 A _AUTOS ONLY AUTOS CA 286-73-93 06/30/2017 06/30/2018 ru HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY -AUTOS ONLY VA (Per accIdent) F V m UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION B WORKERS COMPENSATIONAND WC063724385 06/30/2017 06/30/2018 X PER STATUTE 0TH EMPLOYERS'LIABILITYER B ANY PROPRIETOR/PARTNER/EXECUTIVE nY/N AOS EL.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I I NIA WC063724388 06/30/2017 06/30/2018 (Mandatory In NH) MN E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— a DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: Havana Small Cell, Site Name: SPO Havana Project #20171557603 Location Code: 442670 Site Address: 404 N. Havana St., Spokane Valley, WA 99212, county: Spokane. City of Spokane Valley is included as Additional Insured with respect to the General Liability policy. The General Liability policy shall apply s.Primary and Non-Contributory Insurance to each 24 Additional Insured listed herein. The above-referenced General Liability policy shall cover the tort liability of the Certificate Holder assumed under the underlying agreement between parties for which the certificate has been issued. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE gg EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZEDREPRESENTATNE Yti Attn: City Clerk i.ai 10210 East Sprague Avenue e.`, Spokane valley WA 99206 USA Met c9Qrikstissei � i_ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000027366 CORLy" LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY NAMED INSURED AOn Risk Services Northeast, Inc. verizon Wireless (YAW), LLC POLICY NUMBER See certificate Number: 570071343095 CARRIER NAIC CODE See Certificate Number: 570071343095 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY ADDL BR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) WORKERS COMPENSATION p N/A WC063724384 06/30/2017 06/30/2018 CA C N/A WC063724386 06/30/2017 06/30/2018 FL g N/A wc063724387 06/30/2017 06/30/2018 ME g N/A WC063724383 06/30/2017 06/30/2018 NJ,NY,TX,VA g N/A WC063724389 06/30/2017 06/30/2018 MA,ND,OH,WA,WI,WY ACORD 101(2008/01) ®2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks otACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL 5196564 CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to is required by a contract or agreement, the include as an additional insured the person(s) or insurance afforded to such additional insured organization(s) shown in the Schedule, but only will not be broader than that which you are required by the contract or agreement to with respect to liability for "bodily injury", provide for such additional insured. "property damage�� or "personal and advertising injury" caused, in whole or in part, by your acts B. With respect to the insurance afforded to these or omissions or the acts or omissions of those additional insureds, the following is added to acting on your behalf: Section III - Limits Of Insurance: 1. In the performance of your ongoing If coverage provided to the additional insured is operations; or required by a contract or agreement, the most 2. In connection with your premises owned by we will pay on behalf of the additional insured or rented to you. is the amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 4 Insurance Services Office, Inc., 2012 Page 1 of 1 ❑