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HomeMy WebLinkAboutPermit PL11-008 - SUNNY AUSINK - WIRELESS TELECOMMUNICATIONSAT&T MOBILITY HWY 99 & HWY 599 PL1 1-008 LII-011 WIRELESS TELECOMMUNICATIONS TYPE 1 TO: City of Tukwila Jim Maggerton, Mayor Department of Community Development NOTICE OF DECISION Sunny Ausink, Applicant 568 1st Avenue S, Suite #650 Seattle, WA 98104 sausink@ptswa.com Jack Pace, Director May 10, 2012 Seattle Police Athletic Association, Inc., Owner 11030 E Marginal Way S. Tukwila, WA 98168 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. Project File Number: Applicant: Type of Permit Applied for: Project Description: Location: Associated Files: Comprehensive Plan Designation/Zoning District: I. PROJECT INFORMATION L11-011, PL11-008 Sunny Ausink, Pacific telecom Services, LLC for AT&T Type 1 Wireless Telecommunications Facilities Permit Approval of a Type I Wireless Telecommunication Facilities Permit in order to add 3 new LTE antennas, adding 6 RRH units and 1 "squid" surge suppression unit mounted on an existing tower. 11030 East Marginal Way South, parcel 0323049057 N/A Manufacturing/Industrial Center -Heavy (MIC/H) H. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. SM. Page l of H:\Complete projects\L11-011 Type 1 Wireless AT&T\L11-011 NOD.doc 05/08/2012 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 Decision on Substantive Permit: The City Community Development Director has determined that the application for a Type 1 Wireless Telecommunications Facility does comply with applicable City and state code requirements and has approved that application without conditions. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 1 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the City Hearing Examiner of the Decision on the Permit itself is permitted. If an MDNS was issued, any person wishing to challenge either the conditions which were imposed by the MDNS decision or the failure of the Department to impose additional conditions in the MDNS must raise such issues as part of the appeal to the Hearing Examiner. A party who is not satisfied with the outcome of the Hearing Examiner appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, that is by May 24, 2012. The requirements for such appeals are set forth in Tukwila Municipal Code ch. 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee of $541 plus retainer. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as a closed record hearing before the Hearing Examiner based on the information presented to the Community Development Director, who made the original decision. No new evidence or testimony will be permitted during the appeal hearing. Parties will be allowed to present oral argument based on the information presented to the Community SM Page 2 of 3 05/10/2012 H:\Complete projects\L1I-011 Type 1 Wireless AT&T\L11-011 NOD.doc Development Director before their decision was issued. The Hearing Examiner's decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner's decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Stacy MacGregor, who may be contacted at 206-433-7166 or via email at smacgregor@ci.tukwila.wa.us for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of Co'nhmunity Development City of Tukwila SM Page 3 of 3 05/08/2012 H:\Complete projects\L11-011 Type 1 Wireless AT&T\L11-011 NOD.doc City of Tukwila Jim Haggerton, Mayor Department of Community Development NOTIFICATION: FILE NUMBER: APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: ASSOCIATED PERMITS: SEPA DETERMINATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF: ATTACHMENTS: STAFF REPORT TO THE DIRECTOR PREPARED May 10, 2012 Jack Pace, Director Notification is not required for a Type I land use application. L11-011, PL11-008 Sunny Ausink, Pacific telecom Services, LLC for AT&T Seattle Police Athletic Association, Inc. Approval of a Type I Wireless Telecommunication Facilities Permit in order to add 3 new LTE antennas, adding 6 RRH units and 1 "squid" surge suppression unit mounted on an existing tower. 11030 East Marginal Way South, parcel 0323049057 N/A Exempt Manufacturing/Industrial Center -Heavy (MIC/H) Manufacturing/Industrial Center -Heavy (MIC/H) Stacy MacGregor, Assistant Planner Project Plans for Permit L11-011 SM Page 1 of 5 H:\Complete projects\L11-011 Type 1 Wireless AT&T\L11-011 SR.doc 05/08/2012 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 FINDINGS Vicinity/Site Information Project Description The applicant is requesting approval of a Type I Wireless Telecommunication Facilities [WCF] Permit to add equipment to an existing tower at 10868 East Marginal Way South. The project includes adding three LTE antennas, adding 6 RRH units and adding 1 squid surge suppression unit. Additionally, a compact cabinet will be mounted to an existing cabinet and a GPS antenna will be mounted on an ice -bridge. The existing tower is 121 feet high with the AT&T antennas mounted at 80 feet and Sprint/Nextel equipment mounted at 121 feet. Existing Development This site is home to the Seattle Police Athletic Association. In addition to the tower, the site contains the Association's building and a few outbuildings. Surrounding Land Uses The property and the surrounding parcels are zoned MIC/H. BACKGROUND In 2006, the City adopted a Wireless Facilities Chapter (TMC 18.71) to the Zoning Code. The chapter provides specific location and design requirements for the placement of WCF within the City of Tukwila. The WCF being modified was originally approved by the City in 2000 (L98-0018) through a conditional use permit. Location Selection Tukwila Municipal Code (TMC) provides a hierarchy of appropriate locations within the City. Generally, co -locations and utilizing existing structures are favored over the development of new standalone WCF within the City. TABLE A Type of Permit Required, Based on Type of Wireless Communication Facility ZONING (1) TYPE OF FACILITY RESIDENTIAL COMMERCIAL INDUSTRIAL Transmission Tower co -location Type 1 Type 1 Type 1 Adding antennas to an existing tower Type 1(2) Type 1(2) Type 1(2) SM Page 2 of 5 H:\Complete projects\L11-011 Type 1 Wireless AT&T\L11-011 SR.doc 05/08/2012 Utility pole co -location Type 2 Type 2 Type 2 Concealed building attached Type 2(3) Type 2(3) Type 2(3) Non -concealed building attached Type 2 Type 2 Type 1 New tower or waiver request Type 4 Type 4 Type 4 (1) (2) (3) Zoning for any private/public property or right-of-way Residential — LDR, MDR, or HDR Commercial — O, MUO, RCC, NCC, RC, RCM TUC, C/LI or TVS Industrial - LI, HI, MIC/L, or MIC/H Provided the height of the tower does not increase and the square footage of the enclosure area does not increase. An applicant may request to install a non -concealed building attached facility, under TMC Section 18.58.150. The applicant is adding additional antennas to an existing tower. This decision does not require the use of any new facilities for placement of the new antennas. Design Standards The City provides specific design standards for the placement of WCF within the City of Tukwila. The table below indicates if the applicant's proposal complies with required standards. Table B Design Standards Project Project does Not Applicable does comply not comply 1. Generators must comply with TMC 8.22 regarding noise. The applicant has not proposed a new generator. 2.Business License Requirement AT&T has applied for a business license (007733). 3. Only safety signage must be placed on the WCF. The applicant does not propose any signage. 4. Accommodations for parking for maintenance personal must be provided. Parking is not affected by this modification. SM Page 3 of 5 H:\Complete projects\L11-011 Type 1 Wireless AT&T\L11-011 SR.doc 05/08/2012 5. Towers shall either maintain a galvanized steel finish or be painted a neutral color so as to reduce its visual obtrusiveness. No change to the existing tower is proposed. 6. The design of all buildings and ancillary structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. No new buildings or structures are proposed. 7. Antennas shall have the same color scheme as the structure they are located on. Antennas and ancillary equipment hardware will match existing materials. 8. WCF poles and towers shall only have safety lights if required by a government agency. No lighting is proposed. 9. No advertising is permitted on WCF No advertising is proposed. 10. Each service provider shall be limited to an equipment enclosure of 360 square feet. No change to the existing equipment enclosure is proposed. 18. When adding antennas to existing WCF towers, height must not exceed what was approved under the original application to construct the tower. No change to the height of the tower is proposed. 19. Antennas shall be painted to match the color scheme of tower. Antennas and ancillary equipment will be painted to match the existing tower color. 20. Feed lines and coaxial cables shall be located within the tower. Those exposed shall be painted to match tower. Coaxial cables will be routed inside tower. SM Page 4 of 5 H:\Complete projects\L11-011 Type 1 Wireless AT&T\L11-011 SR.doc 05/08/2012 21. A new cabinet The proposed `Back - shall be located within Pack" cabinet will be the equipment attached to the existing enclosure that was cabinet and will not approved as part of the increase the footprint original application. of the equipment enclosure. CONCLUSIONS 1. The proposed modifications to the existing antenna will not significantly alter the conditions that currently exist. The height of the tower will not change. 2. All coaxial cables and feed lines will be routed inside the tower. 3. As demonstrated in Table 1 the project meets all applicable development standards. 4. The proposed modifications will not alter the surrounding land uses in terms of traffic and pedestrian circulation, building or site design. 5. No noise will be generated from the new antennas being installed. 6. The proposed project is in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. RECOMMENDATIONS The recommendation to the Director of Community Development is to approve this application for a Type I Wireless Telecommunication Facility permit as applied for by Pacific Telecom Services for AT&T without conditions. SM Page 5 of 5 05/08/2012 H:\Complete projects\L11-011 Type 1 Wireless AT&T\L11-011 SR.doc City of Tukwila Department of Community Development December 21, 2011 Sunny Ausink 568 1st Ave S, Suite #650 Seattle, WA RE: L11-011 AT&T Mobility SC78 Hwy 99 and Hwy 599 Dear Ms. Ausink, Jim Haggerton, Mayor Jack Pace, Director This letter is to notify you that the above referenced application has been cancelled due to inactivity. On April 8th, 2011 and again on September 14, 2011, the City requested additional information from you and as of the date of this letter, nothing has been received. According to Tukwila Municipal Code (TMC) 18.104.130 A.1.b, "If the applicant fails to provide a requested correction or additional information within 90 days of the request the Department may cancel the application due to inactivity." A complete application for a Type 1 Wireless Telecommunication Facility Modification was submitted on February 25, 2011. On April 8, 2011, I sent you a letter alerting you that a business license is required to operate a wireless communication facility in the City of Tukwila per TMC 18.58.070. I never received a business license application from AT&T so I send a follow-up letter on September 14, 2011 Since a business license application has not been received and more than 90 days has passed since the date of that letter, the city has cancelled the application files. If you wish to pursue the cell tower modification, a new application must be filed. If you have any further questions, please contact Stacy MacGregor, the planner assigned to this project at 206-433-7166 or stacy.macgregor@tukwilawa.gov. Sincerely, Minnie Dhaliwal Planning Supervisor SM H:\L11-011 Type 1 Wireless AT&T\expiration.doc Page 1 of 1 12/20/2011 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director TECHNICAL COMMENTS #2 Sent via email to Sunny Ausink at sausink@ptswa.com (no hard copy to follow) September 14, 2011 Sunny Ausink 568 1st Ave S, Suite #650 Seattle, WA RE: L11-011 AT&T Mobility SC78 Hwy 99 and Hwy 599 L11-014 AT&T Mobility SS-05 Southcenter Dear Ms. Ausink, On April 8, 2011 I sent you a letter stating that a business license is required to operate a wireless communication facility in the City of Tukwila. At this time, no business license application has been submitted. In order to process your permit applications, please contact the City of Tukwila Finance Department for business licensing requirements. You can access the fee schedule and download an application at http://www.ci.tukwila.wa.us/finance/buslic.html. These applications may expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). After review of your business license submittal, these permits will be ready to issue. If you have any question, please contact me at 206-433-7166 or via email at s.macgregor@ci.tukwila.wa.us. Regards, Stacy cGregor Assista Planner Initials Page 1 of 1 09/14/2011 H:\L11-014 Type 1 Wireless AT&T\Tech Com 2.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director TECHNICAL COMMENTS #1 Sent via email to Sunny Ausink at sausink@ptswa.com (no hard copy to follow) April 8, 2011 Sunny Ausink 568 lst Ave S, Suite #650 Seattle, WA RE: L11-011 AT&T Mobility SC78 Hwy 99 and Hwy 599 L11-014 AT&T Mobility SS-05 Southcenter Dear Ms. Ausink, Tukwila Municipal Code (TMC) 18.58.070 states that: (2). Business license requirement — Any person, corporation or entity that operates a wireless communication facility within the City shall have a valid business license issued annually by the City. Any person, corporation or other business entity which owns a tower also is required to obtain a business license on an annual basis. I have reviewed the business license database and cannot find business licenses on file for AT&T cell towers. The only licenses we have for AT&T are to operate at various retail locations. In order to process your permit applications, please contact the City of Tukwila Finance Department for business licensing requirements. You can access the fee schedule and download an application at http://www.c i.tukwila.wa.us/finance/buslic.html. After review of your business license submittal, these permits will be ready to issue. If you have any question, please contact me at 206-433-7166 or via email at s.macgregor@ci.tukwila.wa.us. Regards, Stacy Mac or Assistant Planner cc. Cindy Wilkins, Fiscal Specialist Files L11-011 and L11-014 Initials Page 1 of 1 04/08/2011 H:\Sample Letters & Masters\Letterhead.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 Page 1 of 2 Stacy MacGregor - RE: AT&T antennas in Tukwila From: Stacy MacGregor To: Sunny Ausink Date: 03/30/2011 10:19 AM Subject: RE: AT&T antennas in Tukwila All of these business licenses are for retail locations in Tukwila. I need a business license for operation of the towers per TMC 18.58.070 (2) which states: 2. Business license requirement — Any person, corporation or entity that operates a wireless communication facility within the City shall have a valid business license issued annually by the City. Any person, corporation or other business entity which owns a tower also is required to obtain a business license on an annual basis. A business license needs to be obtained from the city finance department. A Zink to the application is http://www.ci.tukwila.wa.us/finance/buslic.pdf Thanks, Stacy Stacy MacGregor, Assistant Planner Wed-Thurs-Friday 8:30-3:00 pm 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 APlease consider the environment before printing this e-mail »> Sunny Ausink <sausink@ptswa.com> 03/29/2011 9:52 AM »> Hi Stacy - Please find attached AT&T's business licenses with the City of Tukwila. Thanks, Sunny Ausink LEED® AP I PTS Land Use Planner 1206-446-0448 mobile 1206-342-6390 direct I Email: sausink@ptswa.com 206-903-8513 fax I www,ptswa.com 568 First Ave. S., Suite 650 I Seattle, WA 98104 APlease consider the environment before printing this e-mail From: Stacy MacGregor[mailto:smacgregor@ci.tukwila.wa.us] Sent: Friday, March 18, 2011 11:37 AM file://C:\Temp\XPgrpwise\4D9303A5tuk-mai16300-po 1001783331198531\GW } 00001.H... 03/30/2011 Page 2 of 2 To: sausink@ptswa.com Subject: AT&T antennas in Tukwila Hi Sunny, I can't find any business license for the antennas under AT&T or Cingular. AT&T does have a number of licenses for retail locations but nothing that I can link to the antennas. If you find something, please email me a copy of the license or the license number and I will look it up. As I mentioned on the phone, the Southcenter SSO5 site had an osprey nest on the pole last year. The nest is not in place but osprey often will rebuild their nests in the same location. Osprey season is roughly April 1- September. The regulations for doing work at an active nesting site are administered by Washington Department of Fish and Wildlife (WDFW) and the Feds (under the migratory bird act). I am waiting on a response from WDFW on the possible impacts and requirements for your project at this site. Regards, Stacy Stacy MacGregor, Assistant Planner Wed-Thurs-Friday 8:30-3:00 pm 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Please consider the environment before printing this e-mail file://C:\Temp\XPgrpwise\4D9303A5tuk-mai16300-po 1001783331198531\GW } 00001.H... 03/30/2011 TO: City of Tukwila Department of Community Development File Numbers L11-011 (PL1 1-008) LAND USE PERMIT ROUTING FORM Building Public Works Fire Dept. Project: AT&T Mobility SC78 Hwy 99 & Hwy 599 Wireless Telecom Facilites Address: 10868 East Marginal Way S Parcel: 032304-9057 Date transmitted: 3/5/2011 Response requested by: 3/18/2011 Staff coordinator: Stacy MacGregor Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials asneede Locating antennas on an existing tower, height of tower is not increased. --t 1-C((:t1 or cvG‘STf otct 4 .Ht/006 + .&PVmW LIE AXENt•IGS w 1Ut— t iCT <ID t t o 4M412 4 (Li71 ik :- O'411 P (t=tLi&t= ... O t Waves Azj' 17 /? of 771-C- Ek.i (exr5-4 -5Grrel Plan check date: CONZa% Comments prepared bye Update date: TO: City of Tukwila RECEIVED Department of Community Development is 0 4 201l TUKWILA PUBLIC WORKS File Numbers L11-011 (PL1 1-008) LAND USE PERMIT ROUTING FORM Building ublic Works Fire Dept. Project: AT&T Mobility SC78 Hwy 99 & Hwy 599 Wireless Telecom Facilites Address: 10868 East Marginal Way S Parcel: 032304-9057 Date transmitted: 3/5/2011 Response requested by: 3/18/2011 Staff coordinator: Stacy MacGregor Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials asneede Locating antennas on an existing tower, height of tower is not increased. P(k) hsv3 01,0 Jai Plan check date: �iosizoi Comments prepared by: UC,40- S Update date: TO: City of Tukwila Department of Community Development File Numbers L11-011 (PL1 1-008) LAND USE PERMIT ROUTING FORM Building Public Works Fire Dept. Project: AT&T Mobility SC78 Hwy 99 & Hwy 599 Wireless Telecom Facilites Address: 10868 East Marginal Way S Parcel: 032304-9057 Date transmitted: 3/5/2011 Response requested by: 3/18/2011 Staff coordinator: Stacy MacGregor Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials asneede Locating antennas on an existing tower, height of tower is not increased. [kb Ce vt Plan check date: 3-5- /, Comments prepared by: A Update date: CITY OF TUKWILA Department of Community Development WIRELESS TELE- 6300 Southcenter Boulevard, Tukwila, WA 98188 COMMUNICATION Telephone: (206) 431-3670 FAX (206) 431-3665 FACILITIES E-mail: tukplan@ci.tukwila.wa.us APPLICATION FOR STAFF USE ONLY Permits Plus Type P-WCF Planner: Application Complete (Date: Application Incomplete (Date: File Number: — �� I --v I 1 Project File Number: Other File Numbers: L/ NAME OF PROD VVIENT: k"[- T MD$J U,TSC7g +w'� , 3 3- 511 FEB 2 5 20111 COMMUNITY DEVELOPMENT LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. to46 -A-r M� (NAL WAY 50bC1 W , WA 981108 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 02-04-e057 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: 514 N NY 45i I•114- Address: 1 Q 1.57 / y S . S 1TE- tv ) J 11 Phone: ZU % ` IfLii¢ — O b FAX: ?—O fe [ Q 3 ` 0 5 / E-mail: S IV bC A . Laid/1 Signature: Date: o2.1z11-1 you Q:\Department Folders\DCD\DCD Common\Forms\Applications, Land Use\2011 Website\Wireless Communication Facility-Jan2011.doc RECEIVED COMPLETE APPLICATION CHECKLIST COMMUNIT Y� The Egii sited below must be submitted with your application unless specifically waived in writing the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items sutinutted - aPjihcatioii' Information Required fr , May be waived in unusual cases ng i upon approval oa f bth Publc Works an Plnni �? aa;.., APPLICATION MATERIALS: Items 1-9 are required for ALL Wireless Telecommunication Facilities. 1. Application Checklist (1 copy) indicating items submitted with application. 2. Completed Application Form and drawings (5 copies). 3. Four sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, location of proposed antennas, and all other information which accurately depicts the proposed project. Minimum size is 8.5" by 11". Plans shall be no greater than 24" x 36". 4. Application Fee: See Land Use Fee Schedule. 5. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 6. SEPA Environmental Checklist. SEPA is not required when the facility: i) Is a microshell and is to be attached to an exiting structure that is not a residence or school and does not contain a residence or a school; ii) Includes personal wireless antennas, other than a microcell, and is to be attached to an existing structure (that may be an existing tower) that is not a residence or school and does not contain a residence or school, and the existing structure to which it is to be attached is located in a commercial, industrial, manufacturing, forest or agriculture zone; or iii) Involves constructing a personal wireless tower less than sixty feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone. 7. A letter from the applicant describing the proposed project and describing compliance with the City's Code requirements. 8. Sensitive Area studies and proposed mitigation (if required). 9. If an outdoor generator is proposed, a report prepared by an acoustical engineer demonstrating compliance with TMC Chapter 8.22, "Noise". Q.\Department Folders\DCD\DCD Common \ Forms \ Applications, Land Use\2011 Website \ Wireless Communication Facility-Jan2011.doc If the application requires a Type II review these additional items are needed: 10. Four sets of photo simulations that depict the existing and proposed view of the proposed facility; 11. Materials board for the screening material; 12. Landscaping plan; 13. Letter from a radio frequency engineer that demonstrates that the facility meets Federal requirements for allowed emissions; 14. If the facility is located within a residential zone, a report from a radio frequency engineer explaining the need for the proposed wireless communication facility at that location. Additionally, the applicant shall provide detailed discussion on why the wireless communication facility cannot be located within a commercial or industrial zone. If the application requires a Type IV review these additional items are needed: 15. A narrative responding to the criteria at TMC Section 18.58.060. 16. The radio frequency engineer report shall include a discussion of the information required under TMC Section 18.58.070. The report shall also explain why a tower must be used instead of any of the other location options outlined in Table A. 17. Engineering Plans for the proposed tower. 18. A vicinity map depicting the proposed extent of the service area. 19. A graphic simulation showing the appearance of the proposed tower and ancillary structures and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the Director of DCD and applicant. All plans and photo simulations shall include the maximum build -out of the proposed facility. 20. Evidence of compliance with Federal Aviation Administration (FAA) standards for height and lighting and certificates of compliance from all affected agencies. 21. Evidence that the tower has been designed to meet the minimum structural standards for wireless communication facilities for a minimum of three providers of voice, video or data transmission services, including the applicant, and including a description of the number and types of antennas the tower can accommodate. PUBLIC NOTICE MATERIALS: 22.. Payment of a $365 notice board fee to FastSigns Tukwila or Provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). 23. Pay the fee as established by the Land Use Fee Schedule for generating mailing labels; Or provide an excel spreadsheet of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject property. Each unit in multiple family buildings e.g. apartments, condos, trailer parks --must be included. Once your project is assigned to a planner, you will be required to provide an electronic copy of the mailing label spreadsheet in the following format: Name, Street Address, City St Zip, with each of these fields as an individual column: Name Street Address City, St, Zip Mr. Smith 1234 Park Ave S Tukwila WA 98188 PLEASE NOTE: Regardless of whether you pay the City to generate the mailing labels or you provide them, there is an additional fee for postage and material as listed under Public Notice Mailing Fee on the Land Use Fee Schedule. Payment of this fee is due prior to issuance of the decision and you will receive a separate bill for this fee. 24. If providing own labels, include King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. Q:\Department Folders\DCD\DCD Common \ Forms \ Applications, Land Use\2011 Website\Wireless Communication Facility-Jan2011.doc Pacific Telecom Services, LLC 24 February 2011 City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 RECEIVED FEB 2 5 2011 COMMUNITY DEVELOPMENT RE: TYPE I Permit for Wireless Telecommunications Facility Modification to Existing AT&T Facility SC78 —10868 E. Marginal Way S. APN#: 0323049057 Dear Reviewing Parties, AT&T is proposing to modify an existing site at the address reference above. AT&T proposes to modify the existing personal wireless facility by adding (3) new LTE antennas antennas, adding (6) RRHs units, and (1) "Squid" surge suppression unit mounted on existing tower. The proposed antennas and additional appurtenances will be painted to match the existing. No increase in height. The modification will not result in a change in visual impact, and is part of a technology upgrade being performed on AT&T/New Cingular Wireless's network, in order to improve service to its customers and strengthen reliability and capacity in its network. Please find below AT&T's evaluation in regards to City of Tukwila's Chapter 18.58 Wireless Communications Facilities Code: A. The following type of facilities are outright permitted uses: 1. Locating antennas on an electrical transmission tower. 2. Adding antennas to an existing tower; provided the height of the tower is not increased. 3. Locating antennas on an existing building that is zoned either LI, HI, MIC/L or MIC/H. Answer: Site is located in an MIC/H zone. This is an existing tower with existing AT&T antennas and another carrier located on it. Proposed modifications will not increase the height of the tower. 18.58.090 Adding Antennas to Existing WCF Tower -Specific Development Standards. 1. Height — The height must not exceed what was approved under the original application to construct the tower. If the height shall exceed what was originally approved, approval as a Type 2 decision is required for any height which will be less than the maximum height of the zone. Answer: This is an existing tower. AT&T is currently located at 80' of the 125' tower. No height increase is proposed. 2. Antenna aesthetics — Antennas shall be painted to match the color scheme of the tower. Answer: Antennas and ancillary equipment hardware will be painted to match the existing tower color. 3. Antenna intensity — There is no limit on the number of antennas that may be located on an existing tower. Answer: AT&T proposes to add (3) new LTE antennas to the tower. 4. Feed lines and coaxial cables — Feed lines and coaxial cables shall be located within the tower. Any exposed feed lines or coaxial cables (such as when extended out of the tower to connect to the antennas) must be painted to match the tower. Answer: Coax lines will adhere to this section of the code. 5. Cabinet equipment — A new cabinet shall be located within the equipment enclosure that was approved as part of the original application. If the applicant wishes to expand the equipment enclosure from what was approved by the City or County under the previous application, the applicant shall seek a wireless communication facility (Type 2) application for only the equipment enclosure increase. Answer: Proposed "Back -Pack" cabinet will be attached to existing cabinet and will not increase the footprint of the equipment enclosure. 6. Setbacks — Setbacks shall not apply when an applicant installs new antennas on an existing tower and uses an existing equipment enclosure. If the equipment enclosure is increased, it must meet setbacks. Answer: Not applicable, AT&T is no increasing the footprint of the equipment enclosure. Enclosed with this narrative you will find: • Application Checklist (1) • Completed Application Form and drawings (5) • Site plans (4) • Applicable Fees • Copy of the Lease Please note that a Copy of Lease Agreement is submitted in lieu of the Affidavit of Ownership. This is an existing facility and AT&T has an agreement from the property to submit for government approvals and access. Proposed modifications will not require SEPA and site is not in a sensitive area. An outdoor generator is not proposed for this project. Please let me know if you require further information to process this request. erely, Su sink Lan. Use Planner Pacific Telecom Services sausink().ptswa.com (206)446-0448 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 14100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.ci.tukwila.wa.us RECEIPT Parcel No.: 0323049057 Permit Number: L11-011 Address: 11030 EAST MARGINAL WY S TUKW Status: PENDING Suite No: Applied Date: 02/25/2011 Applicant: SUNNY AUSINK Issue Date: Receipt No.: R11-00345 Payment Amount: $515.00 Initials: BM Payment Date: 02/25/2011 10:03 AM User ID: 1684 Balance: $0.00 Payee: GOODMAN NETWORKS TRANSACTION LIST: Type " Method Descriptio Amount Payment Check 91901 515.00 Authorization No. ACCOUNT ITEM LIST: Description Account Code Current Pmts ZONING/SUBDIVISION 000.345.810 515.00 Total: $515.00 doc: Receiot-06 Printed: 02-25-2011 5c ea RECEIVED FEB 2 5 20111 SITE AGREEMENT COMMUNITY THIS S11k a T(the "Site Agreement") is made as of the latter signature date hereof (the "Execution Date"), by and between TOWER ASSET SUB, INC., a Delaware corporation, by SpectraSite Communications Inc., a Delaware corporation, as its attorney -in -fact pursuant to that certain Tower Management Agreement dated April 20, 1999 (hereinafter referred to as "SpectraSite") and AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., a Delaware corporation, its manager, (hereinafter referred to as "User"). Unless otherwise defined herein, capitalized terms shall have the meaning set forth in the MSA. The parties agree that except as otherwise set forth herein, the terms and conditions of the MSA shall govern the relationship of the parties under this Site Agreement and the MSA is incorporated herein by reference. In the event of a conflict or inconsistency between the terms of the MSA and this Site Agreement, the terms of this Site Agreement shall govern and control. 1. SpectraSite Site Name/Number: Elmo Spa/WA-0233 2. User Site Name/Number: Hwy 99 & Hwy 599/SC78 3. Name of User: AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., a Delaware corporation, its manager 4. Name of Prime Landlord: a Washington corporation Seattle Police Athletic Association, Inc., 5. Date of Prime Lease/License: April 22,1998 6. Site Address: 7. Site Latitude and Longitude: 8. Centerline Antenna Height: 9. Base Rent: 11030 East Marginal Way S. Tukwila, WA 98168 County of King 47-30-12.66/122-17-07.58 80 Feet 10. Site Commencement Date. The earlier of: (i) the date User commences the installation of its Equipment on the Tower, or (ii) one hundred and eighty (180) days from the date User is notified by SpectraSite that User may proceed with such installation 11. Initial Term: Commencement Date. 12. Renewal Term: Five (5) years commencing on the Site Four (4) five year renewal terms. 13. Square Feet of Ground Space: 288 Square Feet SpectraSite Site Name/Number: Elmo Spa/WA-0233 AT &T Site Name/Number: Hwy 99 & Hwy 599/SC78 hao/sablms 14. SpectraSite Contact for Emergencies: TowerSentry 1-888-498-3667 1-800-448-8099 15. SpectraSite Address for Payments: SpectraSite Communications, Inc. P O Box 751760 Charlotte, NC 28275-1760 Attn: Property Management *USER MUST INCLUDE THE SPECTRASITE SITE NUMBER ON EACH RENT CHECK 16. User Contact for Emergencies: Kevin Kitch 1-206-369-2363 17. User Address for Notice: AT&T Wireless Services 2515 24t Avenue South Minneapolis, MN 55406 With a Copy to: AT&T Wireless Services 15 E. Midland Paramus, NJ 07652 Attn: Chief Land Use Counsel and to: AT&T Wireless Services 15 E. Midland Paramus, NJ 07652 18. Site Specific Provisions: (a) SpectraSite warrants and represents to User that: (i) Tower Asset Sub, Inc., a Delaware corporation ("TAS") is the owner or leasehold owner of the Property and the Tower situated thereon pursuant to the Assignment of Leases between Nextel South Corp., a Georgia corporation ("Nextel"), Tower Parent Corp., a Delaware corporation and TAS, dated April 20, 1999; (ii) TAS is an affiliate of SpectraSite; (iii) SpectraSite, pursuant to the Tower Management Agreement dated April 20, 1999, a copy of which is attached hereto as a part of Exhibit "A-1", has the power and authority to act on behalf of and bind TAS to the terms and conditions hereof as its attorney -in -fact; (iv) any reconveyance of the Property and/or Tower to Nextel (as described in the Master Lease) or pursuant to paragraph 3 of the Assignment, a copy of which is attached hereto as a part of Exhibit "A-1 ", shall be subject to the terms of this Site Agreement and the Master Site Agreement between SpectraSite and User dated May 28, 1999, as amended, and Arad not impair User's rights of occupancy and use of the Ground Space and Tower Space hereunder. (b) Additional Notice of Address for User. AT&T Wireless Services 617 Eastlake Avenue, East Seattle, WA 98109 SpectraSite Site Name/Number. IImo Spa/WA-0233 AT &T Site Name/Number. Hwy 99 & Hwy 599/SC78 hao/sab 2 (c) (d) (e) {0 (g) Dayna Branscum User's Billing Address AT&T Wireless Services Western Region Lease Management 2729 Prospect Park Drive Rancho Cordova, CA 95670 Federal Tax ID No.: ct 3 —077 aet`[ q Currently, there is insufficient land within the Property to accommodate User's equipment. Therefore, this Site Agreement is contingent upon SpectraSite obtaining additional land to accommodate User in a location adjacent to the site as depicted in Exhibit "B" attached hereto ("Additional Land"). SpectraSite shall have the right to terminate this Site Agreement upon written notice to User if (i) SpectraSite is unable to obtain the Additional Land, (ii) the acquisition of the Additional Land is not economically feasible at the discretion of SpectraSite. If SpectraSite is unable to obtain the Additional Land within ninety (90) days after the execution of this Site Agreement, either SpectraSite or User may terminate this Site Agreement upon written notice to the other party. User acknowledges that a storage container is currently located on the Site. Should the storage container encroach on User's proposed lease area, then User shall relocate, at User's cost, such container to another location approved in advance by SpectraSite. User further acknowledges that a microwave dish is currently located on an existing building owned by another tenant of Prime Landlord and which is adjacent to the Site. If required by such tenant, User agrees to relocate the microwave dish at User's sole cost and expense to another location on the Site or adjacent to the Site that is acceptable to the tenant, User, and SpectraSite. This Site Agreement is contingent upon SpectraSite's ability to obtain the consent of the landlord under the Prime Lease. If obtaining such consent is not economically feasible, in SpectraSite's discretion, then SpectraSite may terminate this Site Agreement upon written notice to User. If SpectraSite is unable to obtain such consent within ninety (90) days after the execution of this Site Agreement then either party may terminate this Site Agreement upon written notice to the other party. SpectraSite reserves the right to survey the property or portion thereof, and the legaldescription of the property on the survey obtained by SpectraSite shall then become Exhibit "F", which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A". [SIGNATURES APPEAR ON THE FOLLOWING PAGE) SpectraSite Site Name/Number. Elmo Spa/ WA-07 3 AT &T Site Name/Number. Hwy 99 di Hwy 599/SC 78 hao/sab 3 IN WITNESS WHEREOF, the parties hereto have set their hands as of the signature date set forth below. SpectraSite: Tower Asset Sub, Inc., a % ela e corporation, by SpectraSite Comm 'cations, Inc., a Delaware corporation, as its attorney -in -fact By: Printed Name: David Hargrove Title: Vice President, Collocation Sales Signature Date: S - /ci- Of User: AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., a Delaware corporation, its manager By: Printed Name: Title: Signature Date: ATTACHMENTS: Exhibit A Exhibit A-1 Exhibit B Exhibit C Exhibit D Exhibit E SpectraSite Site Name/Number: Elmo Spa/WA-0233 AT &T Site Name/Number: Hwy 99 & Hwy 599/SC78 Site Information Sheet Prime Lease/License Agreement User's Ground Space and Tower Space User's Tower Equipment and Ground Equipment Notice of Installation of User's Equipment Current Communication Users of the Site (including frequencies or frequency bands) Lao/sab 4 STATE OF WASHINGTON COUNTY OF KING I CERTIFY that on v " V , 2001, Louis R. Levy personally came before me and acknowledged under oath to my sa sfaction, that (a) he signed, sealed and delivered the attached document as System Development Manager of ATIVietigiekitu Services, Inc., a Delaware corporation, which is the manager of AT&T Wirei'e�ss Serxlge ti /ashington, LLC, the Oregon limited liability company named in this Siocument; anct. G, 1O+t ,, . ' ir`., L e (b) this.decument wa{�.s gnecf nd delivered by the corporation as its voluntary act and deed, as rrianikOrf j /ttye Knitted It'ibility company, and on behalf of said company. 'I4 F�...... o i• O S Notary Public U fZ3 e c � A,�' 6.G. � e, ;.•'�C>t�� My Commission Expires ( it 41% STATE OF .Vraar� ) COUNTY OF Wlk ((' ) ss. I certify that I know or have satisfactory evidence that Thp v i 1) Ak�L.�- C..OVE is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as VIC,>r Pr•C5i'lteRJA— of CntAcCa ;o•-- Sc e-S to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 5 I -i V l (Use this space for notary stamp/seal Not 6 Pub • Print Name -i b •"1 '1 Q- 1:_)o ii My commission expires 9-2A 2Oo EXHIBIT "A" Site Description Site Name: Elmo Spa_ MSA/RSA/MTA/BTA: Site Number WA-0233 Site Address: 11030 East Marginal Way S. Tukwila, WA 98168 County of King Legal Description of Property: The proposed lease area including the additional land will be approximately 1,470 square feet and being a portion of the below described parcel: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LIE OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN XING COUNTY, WASHINGTON, AND THE CENTERLINE OF THE OLD SEATTLE TACOMA INTERURBAN RAILWAY RIGHT OF WAY; THENCE NORTH 76°42'05" EAST 50.00 FEET ON A RADIAL OF THE CURVE OF SAID RIGHT OF WAY TO A POINT ON THE NORTHEASTERLY MARGIN THEREOF; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT WITH A RADIUS OF 2914.93 FEET A DISTANCE OF 48.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE —RIGHT OF WAY AND TEE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ON SAID CURVE TO THE LEFT 337.90 FEET TO A POINT OF TANGENCY; THENCE NORTH 20°53'36.5" WEST 213.283 FEET TO THE LINE OF AN EXISTING CONCRETE WALL; THENCE NORTH 68°48'07" EAST ALONG THE SOUTHERLY SIDE OF SAID WALL AND SAME PRODUCED A DISTANCE OF 350.005 FEET; THENCE SOUTH 20°53'36.5" EAST 215.144 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 3264.93 FEET A DISTANCE OF 482.10 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY; THENCE NORTH 78°41'10" WEST 363.46 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING. Legal Description of Access and Utility Easement: Over, under and through the above described parcel to a public right-of-way. SpectraSite reserves the right to survey the property or portion thereof, and the legal description of the property on the survey obtained by SpectraSite shall then become Exhibit "F', which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A". SpectraSite Site Name/Number: Elmo Spa/WA-0233 hao AT &T Site Name/Number: Hwy 99 & Hwy 599/SC78 5 EDIT "A -I" Prime Lease/License Agreement (Subject to redaction) SEE ATTACHED SpectraSite Site Name/Number: Elmo Spa/WA-0233 AT &T Site Name/Number: Hwy 99 & Hwy 599/SC78 hao 6 Exhibit "A-1" TOWER MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT is made as of April 20,1999, by and between SPECERASITE COMMUNICATIONS, INC. Manager") and TOWER ASSET SUB, INC. ("TAS'). RECITALS TAS is a wholly -owned subsidiary of Manager and owns certain communication towers (the "Towers"). TAS and Manager have agreed to enter into this Agreement, pursuant to which Manager, from and after the date hereof, shall manage the marketing, leasing and operation of the Towers. AGREEMENTS For and in consideration of the foregoing recitals and the mutual covenants and agreements contained herein and the mutual benefits to be derived therefrom, TAS and Manager hereby agree as follows: 1. Appointment of Manager_ TAS hereby designates Manager, and Manager hereby accepts such designation, as exclusive manager and leasing agent for the Towers, upon the conditions and for the term and compensation set forth herein_ • 2. Term. The appointment of Manager shall become effective as of the date • hereof and shall continue until terminated by either party upon ninety days prior written notice to the other party_ 3. Duties of Manager. The authority of Manager to carry out the duties specified in this Section 3 shall be subject to the right of TAS,afier consultation with Manager, to perform certain fimctions itself and to direct Manager to take or omit to take actions specified by TAS and to otherwise supervise the conduct of the business of the Towers by Manager. Subject to the foregoing, and in each case where the actions of Manager hereunder would not violate any license, contract, law or regulation applicable to the Towers, Manager shall have the following authority and responsibilities:- . . • ' • - 3.1 Supervision. Manager shall supervise and conduct the -day -today operations of the Towers in the ordinary Coarse of business. • 3.2 Maintenance of Towers Manager shall supervise the maintenance of the Towers and provide for normal repairs, replacements and maintenance and for such capital improvements as are necessary or approyiiate to maintain the Towers. 3.3 Employees. etc. Manager shall be responsible for employing or contracting for all labor, material, supplies and equipment necessary for the operation of the Towers. DCEIB01:117I158-1 3.4 Negotiation of Contracts. -Manager shall negotiate all contracts and perform all tasks necessary for the operation, maintenance, budgeting, servicing, repair, protection, improvement, expansion, upkeep, leasing and other management of the Towers. TAS hereby appoints Manager as its attorney -in -fact, which appointment is coupled with an interest, and authorizes, directs and empowers Manager, as its attorney -in -fact, and in Manager's discretion, to negotiate, enter into and execute any such agreements. . 3.5 Filings. Manager shall supervise the preparation and filing of all federal, state and local reports, returns and statements with respect to the Towers as may lie required by ordinances; FCC and FAA regulations, or as otherwise required by applicable law. 3.6 Records. Manager shall keep or cause to be kept all necessary books and records of all affairs relating to the Towers in conformity with generally accepted accounting principles consistently applied and other record keeping practices customary in the industry. Originals or copies of such books and records shall be maintained at the principal - office of Manager and shall be open to inspection and examination by TAS or its representatives at any reasonable time during the term of this Agreement. • 3.7 Representation. To the extent appropriate, Manager shall represent TAS and the Towers before all governmental authorities with respect to any matter necessary or desirable to the efficient management thereof. 3.8 Collection of Revenues; Payment of Expenses. Manager shall supervise the collection of all fees, charges and other revenue and compensation due with respect to the Towers for the benefit of TAS, shall supervise the payment of the expenses and obligations with respect to the Towers from such Towers Account. Manager shall be entitled to reimbursement for all costs and expenses it incurs in connection with the performance of its obligations hereunder. Manager shall not be required to use any of its own funds in connection with such performance. 3.9 Compliance. Manager shall take all necessary action to operate and manage the Towers in compliance, in all material respects, with all applicable governmental permits relating to the Towers and all applicable laws, rules, regulations and orders of any -federal, state, county or municipal authority having jurisdiction over the Towers. 3.10 Marketing, Etc. Manager chall supervise all marketing, sales - promotion and advertising for the Towers. - 3.11 Insurance. Manager will obtain and maintain liability and other insurance covering and insuring the Towersin such amounts as is usual and customary in similar businesses and such insurance shall name Manager as an additional insured with respect to such insurance coverage. 4. Cooperation. TAS and Manager shall fully cooperate with each other in fulfilling the provisions of this Agreement and shall act in good faith in performing their respective obligations under this Agreement. 2 - 5. - Compensation of Manager- As compensation for its services hereunder,. Manager shall be entitled to receive from the Towers Account a fee 6. Indemnification of Manager. TAS shall indemnify and hold harmless Manager and its affiliates and their respective directors, officers and employees (collectively, the "Manager Indemnitees") from and against any and all losses, claims, costs, damages, liabilities, expenses (including reasonable attorneys' fees and the costs incurred by Manager in enforcing its rights hereunder), whether or not arising out of third -party claims (collectively, "Losses') resulting from or arising out of (i) any breach by TAS of its obligations under this Agreement, (ii) the operation of the Towers, or (iii) the performance by Manager of its obligations hereunder; provided, however, that no Manager Indemnitee shall be entitled to indemnification pursuant . hereto to the extent the Loss suffered by it arose from its gross negligence or willful misconduct _ Expenses incurred by Manager Indeinnitees in defending any third -party legal action subject to this Section 6 shall, from time to time, be advanced by Manager prior to the final disposition of • such legal action_ . 7. Miscellaneous. 7.1 - Notices. Any notice, demand or request required or permitted to be given under the provisions of this Agreement shall be in writing, shall be addressed to the parties at the following addresses (or to such other address as any party may request in a notice delivered in accordance with this Section 7.1 to the other parties hereto) and shall be effective upon receipt: To TAS: 8000 Regency Parkway Suite 570 Cary, North Carolina 27511 Attn: President To Manager: • 8000 Regency Parkway Suite 570 Cary, North Carolina 27511 Attn: President - - 72 Successors and Assippic This Agreement shall inure to the benefit - ofand be binding upon the parties. hereto and their respective successors and permitted assigns. to assign No party hereto shall have the rightA gn 'this Agreement without the written consent of the other party, nor shall this Agreement or any of the rights or obligations of the parties hereunder be transferable by operation of law or otherwise. 7.3 Governing Law. THIS AGREEMENT SHALL -BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA (BUT NOT THE LAWS PERTAINING -TO CHOICE OF LAW) AS TO ALL MATTERS, INCLUDING BUT NOT LIMITED TO MA! I JRS OF VALIDITY, CONSTRUCTION, EH•ECT, PERFORMANCE AND REMEDIES. 7.4 Amendment This Agreement may notbe modified, altered, or amended in any manner except by agreement in writing duly executed by the parties hereto. • 7.5 Counterparts. This Agreement may be signed in one or more comrterparts, each of which shall be deemed an crier' .-4 - IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written • WITNESS: WITNESS: State of North Carolina County of V'[arit._. By: �Q.�...-.� Name: Q ate, e 1 Title: J40.•3- MANAGER: By: )cam. --- Name: Qati, ct I•1-►...+ Title: 01 }. ss: Be it remembered that on this gay of 1999, personally came before me, a notary public in and. for the county and esaid, 1s'zde i I- t4uzii— - , 'I(ice. Presav - of Tower Asset Sub, Inc., a corporation organized under laws of the state of . . Delaware (the "Corporation"), and the corporation described in, and -which executed, the foregoing Management Agreement, known to me personally to be such, and he, as such .. . _ ` _ , duly executed the Management Agreement before me and acknowledged _ .the Management Agreement tobe his act and deed and the act and deed of the Corporation.- . - • IN,WITNESS WHEREOF, I have hereunto set by hand and seal of the offce.the - daffy and year aforesaid_ •- _ • Notary Public • . My Commission expires: 19-08-O • -5- State ofNorth Carolina County of Watt, Be it remembered that on this eday of - 1999, personally came before me,.a notary public in and for the county and" a of 'd, Daniel 1 Wei President- of SpectiaSite Communications, Inc., a corporation organized under laves of the state of Delaware (the "Corporation"), and the corporation described in, and which executed, - the foregoing Management Agreement, known to me personally to be such, and he, as such duly executed the ManagementAgreement before me and acknowledged the Management Agreement to be his act and deed and the act and deed of the Corporation. •IN WITNESS WHEREOF, I have hereunto set by hand and. seal of the office the day and year aforesaid. My Commission expires: (4 - o $ =Q a • • • 9906010443 8 RETURN TO: CSC UGC FILINGS DEPL P.O. BOX 1110 ALBANY, NY 12201-1110 P 2 OC71 -IIC-f k King County, Washington Site ID WA-0233 / Name ELMO - SPAA Assessor Parcel Number: 032304-9057 This Document was prepared by: HAZEL & THOMAS, P.C. P.O. Box 12001 Falls Church, VA 22042 Attn: C..Honigberg, ESQ. ASSIGNMENT OF LEASES This Assignment of Leases ("Assignment") is made and entered into effective as of the day of April, 1999, by and between Tower Parent Corp., a Delaware corporation and affiliate of Nextel, as hereinafter defined, ("Parent Co."), and Tower Asset Sub, Inc., a Delaware corporation and an affiliate of Nextel and Parent Co. ("Tower Sub"). WITNESSETH: WHEREAS, Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications ("Nextel"), Parent Co., Tower Sub, and certain other parties designated therein have entered into an Agreement and Plan of Merger dated February 10, 1999, as amended (the "Merger Agreement"), which contemplates, inter alia, the conveyance, assignment, transfer and delivery of Nextel's tower assets, and the continuing lease by Nextel of certain ground and/or platform space on such tower assets pursuant to a Master Site Lease Agreement of even date herewith (the "Master Lease"); WHEREAS, Nextel is either the tenant or the successor in interest to the tenant, as the case may be, to that certain April 22, 1998 lease by and between Seattle Police Athletic Association, Inc., a Washington Corp. as landlord and Nextel West Corp., a Delaware corporation as tenant (as the same may have heretofore been assigned, modified or supplemented, the "Prime Lease"); WHEREAS, pursuant to the Prime Lease, Nextel's tower assets include without limitation rights, title and interests in and to a certain parcel of real property in King County, Washington (the "Property"), and all subleases and sublicenses between Nextel as sublessor or sublicensor SCANNED 9906010443 and third party sublessees and sublicensees, if any (collectively, the "Tenant Leases"), being the same Property and Tenant Leases assigned to Parent Co. from Nextel by Assignment of Leases of even date herewith, intended to be filed immediately prior to this instrument. WHEREAS, in connection with the conveyance, assignment, transfer and delivery of Nextel's tower assets, Parent Co. desires to assign to Tower Sub, and Tower Sub desires to assume all of Nextel's rights, title and interests in and to the Prime Lease, the Property and the Tenant Leases, if any; NOW, THEREFORE, for and in consideration of the foregoing, the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference and made a part of this Assignment. 2. Incorporation of Exhibits. The Property, and/or the underlying parcel of real property owned by landlord of which the Property is a part, is more particularly described on Exhibit A hereto which is incorporated by this reference. The Tenant Leases, if any, are listed on Exhibit B hereto which is incorporated by this reference. 3. Assignment and Assumption. Parent Co. does hereby assign, transfer, set over, and deliver to Tower Sub all of Parent Co.'s rights, title and interests in and to the Prime Lease, including without limitation all related easements, ancillary agreements and other appurtenant rights pertaining to and running with the real property subject to the Prime Lease, the Property, and the Tenant Leases. Tower Sub does hereby accept, assume and agree to be bound by all the terms and conditions which are the responsibility of the lessee or tenant under the Prime Lease, all the terms and conditions of all related easements and ancillary agreements, and all the terms and conditions which are the responsibility of the sublessor or sublicensor under each of the Tenant Leases, and which arise, are incurred, or are required to be performed from and after the date of this Assignment. 4. Reconvevance. Notwithstanding anything to the contrary contained herein, in the event Nextel exercises its option pursuant to the terms of the Master Lease to re -acquire from Tower Sub its rights, title and interests in the Property, then all of Tower Sub's interest therein shall automatically re -convey to Nextel. The parties hereby agree to execute any instrument or other documents required to evidence any such re -conveyance. 5_ Further Assurances. The parties hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts and assurances as may reasonably be required to confirm the transfers made pursuant to this Assignment. 6. Counterparts. This Assignment may be executed in two or more counterparts, all of which taken together shall constitute one and the same instrument. 7. Governing Law. , This Assignment shall be governed and construed in accordance with the laws of the State of Delaware without reference to its conflicts of laws principles. Notwithstanding the foregoing, to the extent that the law of the state in which the real property subject to the Prime Lease is located is mandatory rather than permissive for the issue in question (such as, by way of example only, with respect to possession), the laws of the state in which the real property is located shall govern. 8. Successors and Assigns. The terms and conditions of this Assignment shall run with the property and shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 9906010443 [Signatures on next page.] 9906010443 Site ID WA-0233 IN WITNESS WHEREOF, the.parties have caused this Assignment to be duly executed and delivered effective as of the date first above written. Witness - e (Ai Witness Tower Parent Corp., a Delaware corporation By: [SEAL] Name: Glen F. Spivak Its: Vice President By: % [SEA -Li"- Name: Ried Zulager Its: Secretary Tower Asset Sub, Inc., a Delaware corporation By: -Vs--•-, Name: Richard J. Byrne Its: Vice President By: Name: Ried Zulager Its: Secretary Address of Assignee/Grantee: c/o SpectraSite Communications, Inc. 8000 Regency Parkway, Suite 570 Cary, NC 27511 Attn: General Counsel State of Virginia ) ) ss: County of Fairfax ) and Corporate Acknowledgment Site ID WA-0233 On April 16, 1999, before me, the undersigned officer, personally appeared: (a) Glen F. Spivak, with an address at 1505 Farm Credit Drive, McLean, VA 22102, (b) Ried Zulager, with an address at 1505 Farm Credit Drive, McLean, VA 22102 personally known and acknowledged himself/herself/themselves to me (or proved to me on the basis of satisfactory evidence) to be the [a] Vice President, and [b) (Assistant) Secretary, respectively of Tower Parent Corp., a Delaware corporation (hereinafter, the "Corporation") and that as such officer(s), being duly authorized to do so pursuant to its bylaws or a resolution of its board of directors, executed, subscribed and acknowledged the foregoing instrument for the purposes therein contained, by signing the name of the Corporation by himself/herself/themselves in his/her/their authorized capacities as such officer(s) as his/her/thew free and voluntary act and deed and the free and voluntary act and deed of said Corporation. Witness my hand and official seal as of the foregoing acknowledgments: 9906010443 C-71r{, Notary Public My commission expires: Y PUBLIC STATE OF VIRGINIA MARIA GUIDRY MY COMMISSION EXPIRES JANUARY , 2002 (SEAL] 9906010443 Corporate Acknowledgment Site ID WA-0233 State of Virginia ) ) ss: County of Fairfax ) On April 16, 1999, before me, the undersigned officer, personally appeared: (a) Richard J. Byrne, with an address at 1505 Farm Credit Drive, McLean, VA 22102, and (b) Ried Zulager, with an address at 1505 Farm Credit Drive, McLean, VA 22102 personally known and acknowledged himself/herself/themselves to me (or proved to me on the basis of satisfactory evidence) to be the [a] Vice President, and [b] (Assistant) Secretary, respectively of Tower Asset Sub, Inc., a Delaware corporation, (hereinafter, the "Corporation") and that as such officer(s), being duly authorized to do so pursuant to its bylaws or a resolution of its board of directors, executed, subscribed and acknowledged the foregoing instrument for the purposes therein contained, by signing the name of the Corporation by himself/herself/themselves in his/her/their authorized capacities as such officer(s) as his/her/their free and voluntary act and deed and the free and voluntary act and deed of said Corporation. Witness my hand and official seal as of the foregoing acknowledgments: Notary Public My commission expires: P PUBLIC STATE OF VIRGINIA MARIA M, GU1DPX MY COMMISSION F.YPIRES JA.RILN: `''"' [SEAL] EXHIBIT A Site ID WA-0233 Site Name ELMO - SPAA Legal Description The description(s) below or attached hereto identifies the following: aUnderlying Parcel Owned by Landlord. ®- Leased Property. 9906010443 to the Agreement dated 1-4 Washington corporation, as Lessor, as Lessee. EXHIBIT A DESCRIPTION OF LAND , 1998, by and between Seattle Police Athletic Association, Inc., a d Nextel West Corp., a Delaware corporation, dba Neste] Communications The Land is described and/or depicted as follows (metes and bounds description): THAT PORTION OP THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LLE OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND THE -CENTERLINE OF THE OLD SEATTLE TACOMA INTERURBAN RAILWAY RIGHT OF WAY; THENCE NORTH 76°42'05" EAST 50.00 FEET ON A RADIAL OF THE CURVE OF SAID RIGHT OF WAY TO A POINT ON THE NORTHEASTERLY MARGIN THEREOF; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT WITH A RADIUS OF 2914.93 FEET A DISTANCE OF 48.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE -LIGHT OF WAY AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ON SAID CURVE TO THE LEFT 337.90 FEET TO A POINT OF TANGENCY; THENCE NORTH 20°53'36.5" WEST 213.283 FEET TO THE LINE OF AN EXISTING 07 CONCRETE WALL; tti THENCE NORTH 68°48'07" EAST ALONG THE SOUTHERLY SIDE OF SAID WALL AND SAME PRODUCED A DISTANCE OF 350.005 FEET; THENCE SOUTH 20°53'36.5* EAST 215.144 FEET; CDTHENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 3264.93 FEET A DISTANCE OF C 482.10 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY; 2) THENCE NORTH 78°41'10" WEST 363.46 FEET ALONG SAID NORTH LINE TO THE TRUE *17 POINT OF BEGINNING. Page 8 September 1997 06 4/13,96 9906010443 EXHIBIT B Page 1 of 2 DESCRIPTION OF PREMISES to the Agreement dated 14 %/1- , 1998, by and between Seattle Police Athletic Association, Inc., a Washington corporation, as Lessor, d Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee. The Premises are described and/or depicted as follows: Notes. rars-,ranc N Ii 4. 10204.49 `1...ae IGflK POLICE Al/LZIC AS3at PARCEL Na Cant L00 1 0..160.4.1 it...o.. err s ea" ♦N SURVEY — OVERALL SITE PLAN salt: r-x This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width of access road shall be the width required by the applicable governmental authorities, including police and fve departments. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. Page 9 September 1997 994601044d EXHIBIT B Page 2 of 2 DESCRIPTION OF PREMISES to the Agreement dated 1,1 ZZ , 1998, by and between Seattle Police Athletic Association; Inc., a Washington corporation, as Lessor, d Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee. The Premises are described and/or depicted as follows: Moles: SURVEY — ENLARGED SITE PLAN This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width ofaccess road shall be the width required by the applicable governmental authorities, including police and fire departments. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. Sublessor/Sublicensor None 9906010443 EXHIBIT B List of Tenant Leases (if applicable) Site ID WA-0233 Site Name ELMO - SPAA ! Sublessee/Sublicensee I Lease Date 9906010442 RETURN TO: CSC UCC FILINGS DEPT. P.O. BOX 1110 ALBANY. NY 12201.1110 • King County, Washington Site ID WA-0233 / Name ELMO - SPAA Assessor Parcel Number: 032304-9057 This Document was prepared by: HAZEL & THOMAS, P.C. P.O. Box 12001 Falls Church, VA 22042 Attn: C. Honigberg, ESQ. ASSIGNMENT OF LEASES This Assignment of Leases ("Assignment") is made and entered into effective as of the day of April, 1999, by and between Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications ("Nextel"), and Tower Parent Corp., a Delaware corporation and an affiliate of Nextel ("Parent Co."). WITNESSETH: WHEREAS, Nextel, Parent Co., Tower Asset Sub, Inc., a Delaware corporation and affiliate of Nextel and Parent Co. ("Tower Sub"), and certain other parties designated therein have entered into an Agreement and Plan of Merger dated February 10, 1999, as amended (the "Merger Agreement"), which contemplates, inter alia, the conveyance, assignment, transfer and delivery of Nextel's tower assets; WHEREAS, Nextel is either the tenant or the successor in interest to the tenant, as the case may be, to that certain April 22, 1998 lease by and between Seattle Police Athletic Association, Inc., a Washington Corp. as landlord and Nextel West Corp., a Delaware corporation as tenant (as the same may have heretofore been assigned, modified or supplemented, the "Prime Lease"); WHEREAS, pursuant to the.Prime Lease, Nextel's tower assets include without limitation rights, title and interests in and to a certain parcel of real property in King County, Washington (the "Property"), and all subleases and sublicenses between Nextel or its predecessor in interest as sublessor or sublicensor and third party sublessees and sublicensees, if any (collectively, the "Tenant Leases"); SCANNED WHEREAS, in connection with the conveyance, assignment, transfer and delivery of Nextel's tower assets, Nextel desires to assign to Parent Co., and Parent Co. desires to assume all of Nextel's rights, title and interests in and to the Prime Lease, the Property and the Tenant Leases, if any; NOW, THEREFORE, for and in consideration of the foregoing, the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference and made a part of this Assignment. 2. - incorporation of Exhibits. The Property, and/or the underlying parcel of real property owned by landlord of which the Property is a part, is more particularly described on Exhibit A hereto which is incorporated by this reference. The Tenant Leases, if any, are listed on Exhibit B hereto which is incorporated by this reference. 3. Assignment. Nextel does hereby assign, transfer, set over, and deliver to Parent Co. all of Nextel's rights, title and interests in and to the Prime Leases, including without C2 limitation all related easements, ancillary agreements and other appurtenant rights pertaining to and running with the real property subject to the Prime Leases, the Property, and the Tenant Leases. Parent Co. does hereby accept, assume and agree to be bound by all the terms and conditions which are the responsibility of the lessee or tenant under the Prime Lease, all the terms and conditions of all related easements and ancillary agreements, and all the terms and conditions which are the responsibility of the sublessor or sublicensor under each of the Tenant C Leases, and which arise, are incurred, or are required to be performed from and after the date of this Assignment. 4. Further Assurances. The parties hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts and assurances as may reasonably be required to confirm the transfers made pursuant to this Assignment. 5. Counterparts. This Assignment may be executed in two or more counterparts, all of which taken together shall constitute one and the same instrument. 6. Governing Law. This Assignment shall be governed and construed in accordance with the laws of the State of Delaware without reference to its conflicts of laws principles. Notwithstanding the foregoing, to the extent that the law of the state in which the real property subject to the Prime Lease is located is mandatory rather than permissive for the issue in question (such as, by way of example only, with respect to possession), the laws of the state in which the real property is located shall govern. 9906%,10442 7. Successors and Assigns. The terms and conditions of this Assignment shall run with the property and shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. [Signatures on next page.] 9906010442 Site ID WA-0233 IN WITNESS WHEREOF, the parties have caused this Assignment to be duly executed and delivered effective as of the date first above written. Witness - ,• ,i4/4 Witness Address of Assignee/Grantee: c/o Nextel Communications, Inc. 1505 Farm Credit Drive McLean, VA 22102 Attn: Corporate Secretary Nextel West Corp., a Delaware corporation By: Name: Ric li J. Byrne Its: Vice President By: Name: Ried Zulager Its: Secretary 4- Tower Parent Corp., a Delaware corporation By: Name: Glen F. Spivak Its: Vice President By: [SEAL] it [SEAL] Name: Ried Zulager Its: Secretary Corporate Acknowledgment State of Virginia ) ss: County of Fairfax ) Site ID WA-0233 On April 16, 1999, before me, the undersigned officer, personally appeared: (a) Richard J. Byme, with an address at 1505 Farm Credit Drive, McLean, VA 22102, and (b) Ried Zulager, with an address at 1505 Farm Credit Drive, McLean, VA 22102 personally known and acknowledged himself/herself/themselves to me (or proved to me on the basis of satisfactory evidence) to be the [a] Vice President, and [b] (Assistant) Secretary, respectively of Nextel West Corp., (hereinafter, the "Corporation") and that as such officer(s), being duly authorized to do so pursuant to its bylaws or a resolution of its board of directors, executed, subscribed and acknowledged the foregoing instrument for the purposes therein contained, by signing the name of the Corporation by himself/herself/themselves in his/her/their authorized capacities as such officer(s) as his/her/their free and voluntary act and deed and the free and voluntary act and deed of said Corporation. Witness my hand and official seal as of the foregoing acknowledgments: swa r{V1.�` Notary Public My commission expires: NOTARY PUBLIC STATE OF VIRGINIA MARIA M. GUIDRY MY COMMISSION EXPIRES JANUARY 31, 2002 [SEAL] S.,)6010442 State of Virginia ) ) ss: County of Fairfax ) and Corporate Acknowledgment Site ID WA-0233 On April 16, 1999, before me, the undersigned officer, personally appeared: (a) Glen F. Spivak, with an address at 1505 Farm Credit Drive, McLean, VA 22102, (b) Ried Zulager, with an address at 1505 Farm Credit Drive, McLean, VA 22102 personally known and acknowledged himself/herself/themselves to me (or proved to me on the basis of satisfactory evidence) to be the [a] Vice President, and [b] (Assistant) Secretary, respectively of Tower Parent Corp., a Delaware corporation, (hereinafter, the "Corporation") and that as such officer(s), being duly authorized to do so pursuant to its bylaws or a resolution of its board of directors, executed, subscribed and acknowledged the foregoing instrument for the purposes therein contained, by signing the name of the Corporation by himself/herself/themselves in his/her/their authorized capacities as such officer(s) as his/her/their free and voluntary act and deed and the free and voluntary act and deed of said Corporation. Witness my hand and official seal as of the foregoing acknowledgments: Notary Public My commission expires: NOTARY PUBLIC STATE OF VIRGINIA MARIA M. GUIDRY MY COMMISSION EXPIRES JANUARY 31, 2002 [SEAL] EXHIBIT A Site ID WA-0233 Site Name ELMO - SPAA Legal Description The description(s) below or attached hereto identifies the following: Et Underlying Parcel Owned by Landlord. IS Leased Property. 9906010442 9906010442 EX1UBIT A DESCRIPTION OF LAND to the Agreement dated 1998, by and between Seattle Police Athletic Association, Inc., a Washington corporation, as Lessor, and Nextel West Corp., a Delaware corporation, dha Neitel Communications as Lessee. The Land is described and/or depicted as follows (metes and bounds description): THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN XING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SECTION 3, TOWNSH:,P 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN RING COUNTY, WASHINGTON, AND THE -CENTERLINE OF THE OLD SEATTLE TACOMA INTERURBAN RAILWAY RIGHT OF WAY; THENCE NORTH 76°42'05" EAST 50.00 FEET ON A RADIAL OF THE CURVE OF SAID RIGHT OF WAY TO A POINT ON THE NORTHEASTERLY MARGIN THEREOF; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT WITH A RADIUS OF 2914.93 FEET A DISTANCE OF 48.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE —RIGHT OF WAY AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ON SAID CURVE TO THE LEFT 337.90 FEET TO A POINT OF TANGENCY; THENCE NORTH 20°53'36.5" WEST 213.283 FEET TO THE LINE OF AN EXISTING CONCRETE WALL; THENCE NORTH 68°48'07" EAST ALONG THE SOUTHERLY SIDE OF SAID WALL AND SAME PRODUCED A DISTANCE OF 350.005 FEET; THENCE SOUTH 20°53'36.5" EAST 215.144 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 3264.93 FEET A DISTANCE OF 482.10 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY; THENCE NORTH 78°41'10" WEST 363.46 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING. Pages September i 997 ob alv9a EXHIBIT B Page 1 of 2 DESCRIPTION OF PREMISES to the Agreement dated /.4 1/2 , 1998, by and between Seattle Police Athletic Association, Inc., a Washington corporation, as Lessor, d Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee. The Premises are described and/or depicted as foIIows: Notes- 1 ♦ , \ i „‘ Nki n — 1 SURVEY - OVERALL SITE PLAN This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. EXHIBIT B Page 2 of 2 DESCRIPTION OF PREMISES to the Agreement dated ib 7Z 1998, by and between Seattle Police Athletic Association; Inc., a Washington corporation, as Lessor, d Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee. The Premises are described and/or depicted as follows: )6" 1 CEDAR RIVER PIPEUNE SURVEY - ENLARGED SITE PLAN sr+r r.ro1 a This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. EXHIBIT B Site ID WA-0233 Site Name ELMO - SPAA List of Tenant Leases (if applicable) -- ----7- - . , --.- Sublessor/Sublicensor 1 Sublessee/Sublicensee : Lease Date _i None I i a- .................1. i I . ....-........ .... .. ...........• ,-....... ...,..... ....., i ! -i- 1 i -i- i _ --4 I ............___ I 1 i i ! i I i ____1___. i i 1 -1- ......... .,... i ! : i.... • , ____ . .... i i COMMUNICATIONS SITE LEASE AGREEMENT (GROUNDI ORIGINAL (Washington) Pacific Northwest Market Site Name Elmo/SPAA Site Number WA0233-5 This Lease Agreement ("Agreement") is entered into this ��n�ay of p-'f7(i ( , 1998, between Nextel West Corp., a Delaware corporation, dba Nextel Communications ("Lessee"), and Seattle Police Athletic Association, Inc., a Washington corporation ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") located in the City of Tukwila, County of King, State of Washington, commonly known as 11030 E. Marginal Way. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately mac hundred (900) square feet of the Land and a license for access to the Premises and any easements for utilities necessary for the operation of Lessee's facilities and/or to comply with the terms of this Agreement, if any, (the "Premises") as dearibed in Exhibit 8 annexed hereto. Prior to the Commencement Date, Lessee shall provide a surveyed description of the Premises, which description, upon Lessor's approval, shall replace Exhibit B. Such approval shall not be unreasonably withheld or delayed. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests. ("Due Diligence") Lessee shall defend, indemnify and hold Lessor harmless from and against any loss, claim, injury or damage resulting from Lessee's conduct of Due Diligence on the property. Lessee shall maintain the insurance required in Paragraph 12 of this Agreement at any time Lessee is on the Property to conduct such Due Diligence, and Landlord shall be named as additional insureds on such policies of Insurance. 4. Option to Lease; Term of Lease. Lessor grants to Lessee an option (the "Option") to lease the Premises, provided Lessee delivers to Lessor written notice that the lease shall commence the latter of the date of the notice or a date certain specified in the notice ("Commencement Date"), which date shall be not later than June 30th, 1999 (the "Expiration Date"). Upon a failure to deliver such notice on or before the Expiration Date, this Agreement shall stand terminated. As consideration for the Option, Lessee shall pay the sum of I month period (or a fractional part thereof) from the date of this Agreement to the Commencement Date. The first payment shall be on or before the date Lessor executes this Agreement. The term of the Lease shall be five (5) years commencing on the Commencement Date and terminating on the fifth (5th) anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. 5. Rent. (a) Within fifteen (15) days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent 1 1 3nth ("Rent"). Rent for any fractional month at the beginning or at the end of the Tenn or Renewal Term shall be prorated. Rent shall be Page 1 September 1997 06 4/13/98 Pacific Northwest Market Site Name ElmoISPAA Site Number WA0233-5 payable to Lessor at 11030 E. Marginal Way, Tukwila, WA 98168. The Rent shall be increased at the Commencement of each Renewal Term by Rent for the previous rental period. A late fee equal to - he amount due will be assessed for any payment received more than ten (10) days after the due date. (b) Lessee shall submit to Lessor a Security Deposit as set forth in Paragraph 9(c) of this Agreement in an amount equal to three (3) months' rent, the sum of vhich shall be refunded at the ternnation of year five of this Agreement, provided Lessee is not in default. 6. Facilities: Utilities: Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal and return the Premises to its pre -Agreement condition, normal wear and tear excepted. Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than one (1) foot below grade level. Lessee shall maintain the Premises in a safe and reasonable condition throughout the Term of this Agreement. Lessor makes no representation regarding the zoning of the Property or the suitability of the Premises for the Lessee's intended use. Lessee shall be responsible to determine the zoning of the Property, any applicable title restrictions and the suitability of the Premises for its intended use. Lessee shall determine and comply with all applicable building code and other laws and regulations governing Lessee's use of the Premises. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility company. Lessee shall install a separate meter for the electric services, if any, Lessee will need for its intended use of the Premises. Lessee shall be responsible directly to the serving entities for all such utilities. Lessee shall appraise Lessor of the extent of work necessary to set up the separate meters prior to its installation. In the event any easement is necessary for any such utilities, Lessee shall provide Lessor with copies of the proposed easement, together with plans including a survey of the defined area of the proposed easement. Lessor must approve said easement and such approval shall not be unreasonably withheld or delayed. In the event a meter cannot be installed by the utility company, then Lessee shall pay Lessor for all electrical services to the Premises. Lessor and Lessee agree to be bound by a survey of electrical consumption determined by a reputable electrical engineer, to be agreed to by both parties. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and license for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. Page 2 September 1997 os 4fl3/98 Pacific Northwest Market Site Name Elmo/SPAA Site Number WA0233-S (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause telecommunications interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new telecommunications equipment on the Land that is of a frequency which will cause measurable interference to Lessee. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. 8. Taxes. If personal property or real property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the Land. In the event that Tenant fails to pay such taxes within a timely manner, Landlord may elect to make such payment on behalf of Lessee and add any such amount into Lessee's monthly Rent. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing 'arrangements with other financing entities). In connection therewith, Lessor (i) consents tothe installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. (c) In lieu of Lessor's right to place a lien(s) on the Lessee Facilities during the Term of this Agreement and any subsequent renewal term(s), Lessee shall submit to Lessor a Security Deposit as set forth in Paragraph 5(b) of this Agreement. 10. Termination. This Agreement may be terminated as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the cure period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) Upon one hundred and eighty (180) days prior written notice by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) Upon one hundred and eighty (180) days prior written notice by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee upon one hundred eighty (180) days prior written notice if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. Page 3 September 1997 06 411 L98 • Pacific Northwest Market Site Name Elmo/SPAA Site Number WA0233-5 11. Destruction or Condemnation. If the Premises or Lessee Facilities materially and substantially are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than one hundred and eighty (180) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph and as set forth in paragraph 3. 13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14- Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate or to any successor -in -interest or entity acquiring fifty-one percent (S1%) or more of its stock or assets, subject to any fmancing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 above, and Lessee may sublet or license all or any portion of the Premises to one or more entities for communications uses only, on the condition that Lessee obtains Lessor's prior written consent, which consent may be conditioned, among other things, upon a sharing of any rents or other compensation in any form received by Lessee from such sublessee. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold interest. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear excepted. 17. Hazardous Materials. Lessee shall not treat, use, generate, store or release any Hazardous Materials on the Premises in violation of any law or regulation. Lessor represents, warrants and agrees that Lessor will not, and will not knowingly permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Premises or within the vicinity of the Premises in violation of any law or regulation. Lessor and Page 4 September 1997 06 4/I3/9a Pacific Northwest Market Site Name Elmo/SPAA Site Number WA0233-5 Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 18. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessee: Lessor: Nextel West Corp. dba Nextel Communications 1750 112th Avenue NE, Suite C-100 Bellevue, WA 98004 Attn.: Property Manager With a copy to: Nextel West Corp. dba Nextel Communications 1750 112th Avenue NE, Suite C-100 Bellevue, WA 98004 Attn.: System Development Mgr. and a copy to: Nextel Communications, Inc. 1505 Farm Credit Drive McLean, Virginia 22102 Attn: Legal Dept., Contracts Mgr. Seattle Police Athletic Association, Inc., a Washington corporation 11030 E. Marginal Way South Tukwila, WA 98168 William T. McKay, Esq. McKay, Huffmgton and Desper 310 Watermark Tower 1109 First Avenue Seattle, WA 98101-2944 Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Washington. Page 5 September 1997 06 Ut3/98 Pacific Northwest Market Site Name Efmo/SPAA Site Number WA0233-5 (f) Lessor and Lessee acknowledge that the Land is not currently encumbered by a mortgage or deed of trust. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to make its best effort to obtain and furnish to Lessee a non -disturbance instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement, G) original. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an 19. Consent. Lessor's obligations under this Agreement shall be subject to its ability to obtain the consent of Seattle Junior t? hamber of Commerce d/b/a Seattle Jaycees, the Tenant pursuant to that Lease Agreement on the Property dated January • 1, 1985, as amended. The contingency shall be waived or satisfied within 60 days of the execution of this Agreement, or either party may elect to terminate this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSEE Nextel West Corp. a Delaware Corporation dba Communications By: Name: Perry Satter Title: President, Pacific Northwest Area Date: �l�L21�S' Page 6 September 1997 06 u1en8 LESSOR Seattle Police Athletic Association, Inc., a Washington corporation By. Nam: John Nordlund Title: President 41,7o/q? Date: Tax 1D#: 91-0495082 ACKNOWLEDGMENTS ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF WASHINGTON COUNTY OF ) ss. On this / day of 4 D? l , 1998, personally y appeared before me Perry Satterlee to me known to be the Presildent, Pacific Northwest Area, Nextel West Corp., a Delaware corporation, dba Nextel Communications, who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Pacific Northwest Markd Site Name ElmWSPAA Site Number WA0233-5 i).4 tary Pub _'c in and for State of Washington Name Printed My appointment expires: STATE OF WASHINGTON ) ss. COUNTY OF On this day of -11P•2-i L^ , 1998, personallxr.Rd before me John Nordlund to me known to be the President of the Seattle Police Athletic c :: s ill a Washington corporation, who executed the within and foregoing instrument, and � ; � _,; .., nt to be the free and voluntary act and deed of said association, for the uses ari • . _ r • it ed, and on oath stated that he was authorized to execute said instrument. v _ r x.y •,,pper og Notary Public iti �`iaie pl �Arisliington tt 1,,�lA: �\1:262-7C4 E= Name Printed My appointment expires: 1 • 1 • fla. Page 7 September 1997 tM a14/91 EXHIBIT A DESCRIPTION OF LAND Pacific Northwest Market Site Name Elmo/SPAA Site Number WA0233-5 to the Agreement dated t , 1998, by and between Seattle Police Athletic Association, Inc., a Washington corporation, as Lessor, nd Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee. The Land is described and/or depicted as follows (metes and bounds description): THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING IT THE INTERSECTION OF THE SOUTH LINE OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND THE CENTERLINE OF THE OLD SEATTLE TACOMA INTERURBAN RAILWAY RIGHT OF WAY; THENCE NORTH 76°42'05" EAST 50.00 FEET ON A RADIAL OF THE CURVE OF SAID RIGHT OF WAY TO A POINT ON THE NORTHEASTERLY MARGIN THEREOF; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT WITH A RADIUS OF 2914.93 FEET A DISTANCE OF 48.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ON SAID CURVE TO THE LEFT 337.90 FEET TO A POINT OF TANGENCY; THENCE NORTH 20°53'36.5" WEST 213.283 FEET TO THE LINE OF AN EXISTING CONCRETE WALL; THENCE NORTH 68°48'07" EAST ALONG THE SOUTHERLY SIDE OF SAID WALL AND SAME PRODUCED A DISTANCE OF 350.005 FEET; THENCE SOUTH 20°53'36.5" EAST 215.144 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 3264.93 FEET A DISTANCE OF 482.10 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY; THENCE NORTH 78°41'10" WEST 363.46 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING. Page 8 September 1997 06 4n3r9s Pacific Northwest Market Site Name Elmo/SPAA Site Number WA0233-5 EXHIBIT B Page 1 of 2 DESCRIPTION OF PREMISES to the Agreement dated v 2- , 1998, by and between Seattle Police Athletic Association, Inc., a Washington corporation, as Lessor, a d Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee. The Premises are described and/or depicted as follows: i 1 i 111n.c rat-r.r Notes _ 1 1 1 1 1 SURVEY — OVERALL SITE PLAN en, p' MAT1f 1 r Mmn Su1L: This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. Page 9 September 1997 06 4111/9a EXHIBIT B Page 2 of 2 DESCRIPTION OF PREMISES Pacific Northwest Market Site Name Elmo/SPAA Sire Number WA0233-5 to the Agreement dated 7i , 1998, by and between Seattle Police Athletic Association, Inc., a Washington corporation, as Lessor, nd Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee. The Premises are described and/or depicted as follows: Notes: SURVEY — ENLARGED SIZE PLAN This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. Page 10 September 1997 06 4113198 EXHIBIT `B" User's Ground Space and Tower Space (User to Provide the Satisfactory Tower Drawing) SEE ATTACHED SpectraSite Site Name/Number: Elmo Spa/WA-0233 }ao AT &T Site Name/Number: Hwy 99 & Hwy 599/SC78 7 TOWER IMPROVEMENT FENCE TO 8E REMOVED OR RELOCATED BINGO HALL PROPOSED LEASE EXTENSION = 570 SQ FT / f /// / // r rr// PROPOSED AT&T t 22a'x24 ' LEASE AREA / 4,0' -► — 19.0' PROPOSED LEASE EXTENSION r-- rF 20.0' PROPOSED FENCE EXTENSIOF -�— ICE BRIDGE PROPOSED XM RADIO 6.5'x8.33' LEASE AREA Tl EXISTING 11'x20' NEXTEL EQUIPMENT SHELTER U x CONC. PAD 121' MONOPOLE 12.0' GATE 14.0' 27.0' EXISTING FENCE UNE 30.0' EXISTING LEASE AREA PARKING AREA) PLAN VIEW LEGEND: GROUNDING TEST WELLS E ELECTRICAL METER T TELCO DEMARK BOX XFMR TRANSFORMER G GENERATOR PLUG L LIGHT CONTROL BOX PG AEA) 7' CHAIN LINK FENCE WITH BARBED WIRE GRAPHIC SCALE 10 0 5 10 MM 11,1111 PROPOSED AT&T ( IN FEET ) 1 Inch = 10 JOB No. OTI815.00 SPECTRASITE COMMUNICATIONS 8000 RECENCY PARKMAY. SUITE 570 ELMO—SPAA Litt _ (1V 1 z - -- - - - - - SITE LAYOUT PLAN CU'CT 1 f1C ') O*TE '012/00 REV. 0 too ..u•. I n• Inr 3 ... ,.,,, / CORRECTED 0 ..... ._.- __..._.. _.- T -. & AVER IMPROAMENT VCARRIER NExTEL • ANTENNA/MOUNT TYPE/CABLE SCHEDULE SECTOR 1 2 3 AZIMUTH 342" 102• 222" CABLE SIZE 7/8' 7/8" 7/8" NO. OF CABLES 3 3 3 ANTENNA TYRE PANEL PANEL PANEL MOUNT TYPE UNKNOWN UNKNOWN UNKNOWN NOTE: No. OF ANTENNA PER SECTOR? PROPOSED XM RADIO :::CARRIER _ xMRtg10--=`.` •i: ANTENNA/MOUNT TYPE/CABLE SCHEDULE SECTOR 1 2 3 AZIMUTH 0-360• CARE SIZE 1 5/B' NO. OF CABLES 1 J ANTENNA T19E 01MM MOUNT TYPE GENERIC No. OF ANTENNA PER SECTOR? PROPOSED AT&T 'CARRIER AT&T ANTENNA/MOUNT TYPE/CABLE SCHEDULE SECTOR 1 2 3 AZIMUTH 60' 180• 300' CABLE SIZE 1 5/8" 1 5/8" 1 5/8" _ NO. OF CABLES 4 4 A ANTENNA TYPE PANEL PANEL PANEL MOUNT TYPE VALMONT VALMONT VALYONT No. OF ANTENNA PER SECTOR? 4J1114.__ PROPOSED XM RADI :. ...... .......CARRIER xM RADIO ANTENNA/MOUNT TYPE/CABLE SCHEDULE SECTOR 1 2 3 A TN i8L1 C/\/ CABLE SIZE 7/8" 0 EA NOQ MO/TWOMO/T'ACEI ANTENNA TYPE DISH MOUNT TYPE U-BOLT PIPE TO LEG TOTE: 1.) No. OF ANTENNA PER SECTOR? ENTRY\EXIT PORTS ;,.;' ENTRY OUT ENTRY EA1T ENTRY EXIT HEIGHT (0.C.) 7.5• 100.5' 95.5 81- SUE 2 79" 6"04 6'Xi pill Al AZIMUTH (NORM . D') . . • OCCUPIED (CHECK) . / ( { 72'/252' 320' 72'/ 52' aD- 200' TOP OF IJGHTMNG ROM. 177.3• TOP E0 _NE!TEL _ ANTENNA: (CARMEN) BOTTOM cc NEXTEL _ ANTENNA: _ 121' (CARRIER) ICP or S1EEL: TOP OF xM RADIO ANTENNA: 1/1-9_ (CAR CENTER OF ANTENNk BOTTOM OF RAI" ANTENNk 110.1' PROPOSED XM RADIO OMNI ARRAY N TOP OF ATE - ANTENNk 82_1__ 1CARRIEA) CENTER OF ANTENNA: 80- BOTTOM OF AT&T ANTENNA: 77_9_ (CARRIER) TOP OF ni ANTENNA: (CARPER) RAD. CENTER OF ANTENNA BOTTOM OF xM RADIO ANTENNk (CARRIER) PROPOSED XM RADIO ANTENNA ARRAY TOP OF CASSION ELEVATION = GROUND ELEVATION (REF 0.0) 6' MONOPOLE TOWER ELEVATION NOT TO SCALE PROPOSED AT&T ANTENNA ARRAY PROPOSED AT&TO COLLOCATION .10B No. 011815.00 DATE: 10/2/00 REV 0 DRAWN 1 OA/OC RMA/JOC 1 SRC CCU AT&T - A00 I. �(• S'PECTRA5ITE ``•COMMUNICATIONS 8000 RECENCY PARKWAY; SUM 570 CARY. NC 27511 ELMO-SPAA • WA-0233 TOWER ELEVATION SHEET 2 OF 2 EXHIBIT "C" User's Tower Equipment and Ground Equipment SEE ATTACHED SpectraSite Site Name/Number: Elmo Spa/WA-0233 hao AT &T Site Name/Number: Hwy 99 & Hwy 599/SC78 8 SpectraSite Exhibit "C" SpectraSite Collocation Application RETURN THIS APPLICATION TO: (E-MAIL IS PREFERRED) SpectraSite Communications, Inc. 100 Regency Forest Drive, Suite 400 Cary, NC 27511 Attn: Collocation Management e-mail: office: fax: Date Received by SCI: Revision Dates: Coltocation(spectrasite.com 919-468-0112 SCI Site Name: 919-465-3343 SCI Site Number: 3-601 ELMO SPA WA-0233 APPLICANT INFORMATION Applicant (Carrier): Applicant Site Name: Applicant Site Number. AT&T Wireless Services Hwy 99 & Hwy 599 SC78 Applicant Legal Entity Name: Notice Address for Lease: AT&T Wireless Services of Washington, Inc. AT&T Wireless Services 617 Eastlake Avenue East Seattle, WA 98109 Contact Name: Bill North Contact Number: 425.260.6294 Contact Fax: 425.377.9076 Contact Address: The North Group P.O. Box 2449 Snohomish, WA 98291-2449 Contact Email: bitlnorth@northgroup.net ADDITIONAL CARRIER INFORMATION Leasing Contact Name/Number: RF Contact Name/Number. Construction Contact Name/Number: Emergency Contact Name/Number: Allison Roehl 206.389.5268 Bertin Koala 206.389.5063 Kevin Kitch 425.467.7157 Kevin Kitch 206.369.2363 SPECTRASITE TOWER INFORMATION Latitude: Longitude: Site Address: 47 30 12.66 Existing Structure Type: Existing Structure Height: 11030 East Marginal Way S., Tukwila, WA 98168 122 17 07.58 ANTEN monopole 121' Sector V1 V2 V3 Desired Rad Center (Feet AGL) 80' 80' 80' Antenna Quantity 4 4 4 Antenna Manufacturer SWEDCOM SWEDCOM SWEDCOM Antenna Model (Attach Spec Sheet) SP9012 SP9012 SP9012 Weight (per antenna) 14.31bs/161bs 24.31bs/161bs 24.31bs/161bs Antenna Dimensions 48.2x11.6x6.3/42x11.6x 6.3 in 48.2x11.6x6.3/42x11.6 x6.3 in 48.2x11.6x6.3/42x11.6x 6.3 in ERP (watts) 100w/100w 100w/100w 100w/100w Antenna Gain 13/14 13/14 13/14 Orientation/Azimuth 60 180 300 Mechanical Tilt 0 0 0 Channels 20/10 20/10 20/10 Tower Mount Dimensions Valmont # B1822 Valmont # B1822 Valmont # B1822 Tower Mount Weight 10Ibs 10lbs 101bs Tower Mount Mounting Height 80' 80' 80' Transmit Frequency 869-880;890- 891.5/1945-1950 869-880;890- 891.5/1945-1950 869-880;890- 891.5/1945-1950 Receive Frequency 824-835;835- 846.5/1864.98-1869.96 824-835;835- 846.5/1864.98-1869.96 824-835;835- 846.5/1864.98-1869.96 Number of Coax Cables (PER ANTENNA) 1 1 1 Diameter of Coax Cables 1 5/8 1 5/8 1 5/8 C0110.6on Applicrion (ColloAp) Last Updated: 3/8/01 • SpectraSite Type of Service (Le. CELLULAR, CDMA, GSM, TDMA, PAGING): SpectraSite Collocation Application TDMA GROUND Total Lease Area Dimensions 12' x 24' Cabinet Pad Dimensions 12' X 24' Cabinet Manufacturer/Model Shelter Pad Dimensions Shelter Manufacturer/Model POWE AC Power 240/400 Required Voltage and Total 240 volts Amperage 400 amp service Colbarion Appliculow (ColbAp) Lag Updated: 31801 EXHIBIT "D" Notice of Installation of User's Equipment f Datel SpectraSite Communications, Inc. 100 Regency Forest Drive, Suite 400 Cary, NC 27511 Attn: Collocation Management RE: Site Agreement from SpectraSite to AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/bla AT&T Wireless, by AT&T Wireless Services, Inc., a Delaware corporation, its manager, at [SpectraSite's Tower #] [SpectraSite's Tower Name] [SpectraSite's Tower Address] Dear Collocation Management: Pursuant to Section 6 (b) of the Master Site Agreement, this letter serves to advise you that to AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., a Delaware corporation, its manager, commenced the installation of its Equipment on the Site on the above -referenced property on , 200_. Sincerely, AT&T WIRELESS SERVICES OF WASHINGTON, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., a Delaware corporation, its manager By: Printed Name: Title: Signature Date: SpectraSite Site Name/Number: Elmo Spa/WA-0233 AT &T Site Name/Number: Hwy 99 & Hwy 599/SC7S hao/sab 9 EXHIBIT E Current Communication Users Of The Site (including frequencies or frequency band) [to be provided and attached by User] - SpectraSite Site Name/Number: Elmo Spa/WA-0233 hao AT &T Site Name/Nwnber: Hwy 99 & Hwy 599/SC78 10 EXHIBIT "F' Legal Description and Survey to be attached at a later date SpectraSite Site Name/Number: Elmo Spa/WA-0233 hao AT &T Site Name/Number: Hwy 99 & Hwy 599/SC78 11 • at&t Your world. Delivered. HWY99&HWY599. SC78/310595 PROJECT INFORMATION PROJECT DESCRIPTION; AT&T MOBILITY PROPOSES TO MODIFY AN EXISTING TELECOMMUNICATIONS FACILITY BY ADDING (3) NEW LTE ANTENNAS (1) PER SECTOR, (6) RRH'S, (1) SQUID MOUNTED TO AN EXISTING 121'-0' AGL MONOPOLE AND (1) GPS ANTENNA MOUNTED TO AN EXISTING ICE BRIDGE ALONG WITH THE ADDITION OF NEW LTE EQUIPMENT BACKPACK MOUNTED TO AN EXISTING ARGUS EQUIPMENT CABINET ON AN EXISTING AT&T CONCRETE SLAB INSIDE AN EXISTING FENCED COMPOUND. APPLICANT; AT&T MOBILITY RTC BUILDING 3 16221 NE 72ND WAY REDMOND. WA 98052 CODE INFORMATION: ZONING CLASSIFICATION: MIC/H BUILDING CODE 2009 IBC CONSTRUCTION TYPE II-B OCCUPANCY: S-2 JURISDICTION: CITY OF TUKWILA CURRENT USE UNMANNED TELECOM FACILITY PROPOSED USE: UNMANNED TELECOM FACILITY SITE LOCATION: (BASED ON NAD 83)• LATITUDE: 47' 30' 8.8" N LONGITUDE: 12Z 17' 6.7" W TOP OF STRUCTURE AGL 121'-O' BASE OF STRUCTURE AMSL 17'-0' PARCEL NUMBER(S)• 0323049057 GENERAL INFORMATION. 1. PARKING REQUIREMENTS ARE UNCHANGED. 2. TRAFFIC IS UNAFFECTED. PROPERTY OWNER. SEATTLE POUCE ATHLETIC ASSOC. 11030 E MARGINAL WAYS TUKWILA. WA 98168 TOWER OWNER; AMERICAN TOWERS, INC. A DELAWARE CORPORATION 10 PRESIDENTIAL WAY WOBURN, MA 01801 TEAM LEAD. GOODMAN NETWORKS 8815 122ND AVE NE KIRKLAND, WA 98033 CONTACT: WENDY LONG PH: (206) 321-1116 SITE ACQUISITION - PACIFIC TELECOM SERVICES, LLC 568 FIRST AVENUE. S.. SUITE 650 SEATTLE, WA 98104 CONTACT: RENATA FAYTEN PH: (206) 342-6389 PERMITTING. PACIFIC TELECOM SERVICES. LLC 568 FIRST AVENUE. S.. SUITE 650 SEATTLE. WA 98104 CONTACT: SUNNY AUSINK PH: (206) 342-6390 CONSTRUCTION MANAGER - PACIFIC TELECOM SERVICES. LLC 568 FIRST AVENUE. 5., SUITE 650 SEATTLE, WA 98104 CONTACT: PAT HEALY PH: (425) 471-3553 RF ENGINEER. AT&T MOBILITY CONTACT: LUKASZ GRABARSKI PH: (425) 698-8272 PROJECT TEAM PROJECT ARCHITECT RICHARD B. HALL, AIA PACIFIC TELECOM SERVICES, LLC 568 FIRST AVENUE, S.. SUITE 650 SEATTLE, WA 98104 CONTACT: ROBERT LEIGHTON PH: (206) 464-4402 EMAIL RLEIGHTONOPTSWA.COM PROJECT CONSULTANT PROJECT CONSULTANT PACIFIC TELECOM SERVICES, LLC 568 FIRST AVENUE, S.. SUITE 650 SEATTLE. WA 98104 CONTACT: KATIE KENNEY PH: (206) 909-9454 GOODMAN NETWORKS 8815 122ND AVE NE KIRKLAND WA 98033 PH: (206) 321-1116 10868 EAST MARGINAL WAY SOUTH TUKWILA, WA 98168 VICINITY MAP DRIVING DIRECTIONS START FROM PORTLAND INTERNATIONAL AIRPORT,OR: DEPART FROM PORTLAND INTERNATIONAL AIRPORT, OR 0.2 M BEAR RIGHT ONTO NE AIRPORT WAY 2.2 M TAKE RAMP RIGHT FOR 1-205 SOUTH / VETERANS MEMORIAL HWY TOWARD SALEM / PORTLAND 3.1 M AT EXIT 218, TAKE RAMP RIGHT FOR 1-84 WEST / US-30 WEST / BANFIELD EXPY TOWARD PORTLAND 5.5 M TAKE RAMP LEFT FOR 1-5 SOUTH TOWARD SALEM / BEAVERTON 1.5 Al TAKE RAMP LEFT FOR 1-405 NORTH / STADIUM FWY TOWARD BEAVERTON / CITY CENTER 1.0 M AT EXIT ID. TAKE RAMP RIGHT FOR US-26 WEST / SUNSET HWY TOWARD BEAVERTON 3.0 M AT EXIT 71A, TAKE RAMP RIGHT FOR CANYON RD. / SR-8 TOWARD WEST SLOPE 0.6 M KEEP STRAIGHT ONTO SR-8 / SW CANYON RD 1.6 M ARRIVE AT 9215 SW CANYON RD, PORTLAND, OR 97225 ON THE RIGHT. APPROVAL DATE SIGNATURE APPROVAL DATE SIGNATURE RF ENGINEER: LANDLORD: RF MANAGER: SITE ACQUISITION: OPPS MANAGER: ZONING AGENT: CONSTR MANAGER: PROJECT MANAGER: NSB MANAGER: CONSTR MANAGER: TRANSPORT: EQUIP ENGINEER: COMPLIANCE ' REVIEWERS SHALL CLEARLY PLACE INITIALS ADJACENT TO EACH REDLINE NOTE AS DRAWINGS ARE BEING REVIEWED DRAWING INDEX DESCRIPTION SHEET T-1 TITLE SHEET A-1 SITE PLAN A-2 EXISTING ENLARGED COMPOUND PLAN A-3 PROPOSED ENLARGED COMPOUND PLAN A-4 EXISTING & PROPOSED SOUTH ELEVATION ABBREVIATIONS PROPRIETARY IN .MATION THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. FINAL ZONING DRAWINGS 02/23/11 LEGAL DESCRIPTION POR OF SW 1/4 BEG NXN ELY LN OF OLD SEATTLE-TACOMA INTERURBAN RW R/W & N LN CEDAR RIVER PL R/W TH TH WILY ALG SD ST 1 RW R/W 551.183 FT TO EXIST CONCRETE WALL TH N 68-48-07 E ALG S LN OF SD WALL& SAME PROD 350.005 FT TH S 20-53-36.5 E 215.144 FT TH ON CURVE TO RT RAD 3264.93 FT 482.1 FT TO N LN SO PL R/W TH N 87-41-10 W ALG SD N LN 363.48 FT TO BEG LESS TRANS LN R/W .1-01 AGL APPROX AIR CONDITIONING ABOVE GROUND LEVEL APPROXIMATELY BLDG BUILDING BU< BLOCKING CLG CEIUNG CLR CLEAR CONC CONCRETE CONST CONSTRUCTION CONT CONTINUOUS DBL DOUBLE DIA DIAMETER DIAG DIAGONAL DN DOWN DET DETAIL DWG DRAWING EA EACH ELEV ELEVATION ELEC ELECTRICAL EQ EQUAL EQUIP EQUIPMENT EXT EXTERIOR FIN FINISH FLUOR FLOURESCENT FIR FLOOR FT FOOT GA GAUGE GALV GALVANIZED GC GENERAL CONTRACTOR GRND GROUND GYP BD GYPSUM WALL BOARD HORZ HR HT HVAC ID IN INFO INSUL INT IBC HORIZONTAL HOUR HEIGHT HEATING VENTILATION AIR CONDITIONING INSIDE DIAMETER INCH INFORMATION. INSULATION INTERIOR INTERNATIONAL BUILDING CODE LEIS POUNDS MAX MAXIMUM MECH MECHANICAL MTL METAL MFR MANUFACTURE MGR MANAGER MIN MINIMUM MISC MISCELLANEOUS RO ROUGH OPENING NA NOT APPUCABLE NIC NOT IN CONTRACT NTS NOT TO SCALE OC ON CENTER OD OUTSIDE DIAMETER PLYWD PROJ PROP PT REQ RM SHT SIM SPEC SF SS STL STRUCT STD SUSP THRU TNNG TYP PLYWOOD PROJECT PROPERTY PRESSURE TREATED REQUIRED ROOM SHEET SIMILAR SPECIFICATION SQUARE FOOT STAINLESS STEEL STEEL STRUCTURAL STUD SUSPENDED THROUGH TINNED TYPICAL UNO UNLESS NOTED OTHERWISE VERT VERTICAL VIF VERIFYINFIELD WP w%0 � Wt1}K ECEIVc.D WATER PROOF ►yB 2 5 2011 COMMUN I Y DEVELOP IT at&t Your world. Delivered. PACIFIC TELECOM SERVICES, LLC 8828 REGISTERED ARCHITECT RIC B. HALL STATE OF WASHINGTON EXPIRATION DATE OF THE LICENSE: 08/20/11 SC78/310595 REVISIONS NO. DATE DESCRIPTION INITIAL A 07/7J/11 ISSUED FOR FZD 1R NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE TITLE SHEET SHEET NUMBER T-1 THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. to yet n it EXISTING BUILDING m FISTING ASPHALT DRIVEWAY AND PARKING-7 AT&T MOBILITY PROPOSES TO MODIFY AN F]OSNG TELECOMMUNICATIONS UNICATIONS F7ICIJIY BY ADDING (3) NEW LIE ANIDINAs (1) PER SECTOR. (e) RRNIS. (1) SCUD MOUNTED TO AN EIOSTNG121.-0'AGL MONOPOLE Ni (1) GPS MAMA MOUNTED TO AN DOSING ICE BRIDGE ALONG WRN TIE ADDITION OF NEW LTE EOUPLENT BIICICPACIL MOUNTED TO AN DQSTTNO ARGUS EQUIPMENT CABINET ON NI DOSIPIG AT&T CONCRETE SLAB INSIDE AN EXISTING FENS COMPOUND. LEGEND SUBJECT BOUNDARY LINE — RIGHT-OF-WAY CENTERUNE RIGHT-OF-WAY LINE OHP OHP — UCP UGP — UCP — OHT OHT — UCT UGT — UGT — —w —w —w —w SS 55 SO SD SS 5D —x—x—x —x —x— ❑ ❑ 0 —x—x—x—x—x— ❑Q TRANSFORMER X( LIGHT STANDARD POWER VAULT UTIUTY BOX jS UTIUTY POLE E— POLE GUY WIRE L17 GAS VALVE • GAS METER 0 TELEPHONE VAULT • TELEPHONE RISER I PI ADJACENT BOUNDARY UNE SECTIONAL BREAKDOWN LINE OVERHEAD POWER LINE BURIED POWER UNE BURIED GAS LINE OVERHEAD TELEPHONE UNE BURIED TELEPHONE UNE BURIED WATER UNE BURIED SANITARY SEWER BURIED STORM DRAIN DITCH LINE/FLOW UNE ROCK RETAINING WALL VEGETATION LINE CHAIN LINK FENCE WOOD FENCE BARBED WIRE/WIRE FENCE FIRE HYDRANT 14 GATE VALVE B3 WATER METER FIRE STAND PIPE ❑ CATCH BASIN, TYPE I © CATCH BASIN, TYPE II a- SIGN • BOLLARD o MAIL BOX 234_21 SPOT ELEVATION NOTE PROPOSED AT&T LTE ANTENNAS. MOUNTING HARDWARE AND EQUIPMENT TO BE PAINTED TO MATCH EXISTING RECEIVED FEB 2 5 2011 COMMUNITY DEVELOPMENT VICINITY MAP at&t Your world. Delivered. PACIFIC TELECOM SERVICES, LLC 8828 REGISTERED ARCHITE • RIC ` B. HALL STATE OF WASHINGTON EXPIRATION DATE OF THE LICENSE: 08120111 10 c-,?J SC78/310595 2 H- 0 O w Q co co -J0) 2 < CD cc � g N Y 61- co LO co REVISIONS NO. DATE DESCRIPTION INITIAL A 02/13/It ISSUED FOR 620 NT NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE ENLARGED SITE PLAN SHEET NUMBER ,w.—P tid 24'x36' SCALE: 1' 4� 2�" 11 x17 SCALE: 1' - 80'-0' THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS 15 PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. ENLA D T PLAN A-1 EXISTING AT&T GSM ANTENNA TO BE RELOCATED EXISTING 121'-0' HIGH STEEL MONOPOLE EXISTING AT&T UMTS ANTENNA TO BE RELOCATED EXISTING 7'-10' HIGH ICE BRIDGE EXISTING BUILDING EXISTING MICROWAVE ANTENNA EXISTING AT&T EQUIPMENT EXISTING 12'-0' X 24'-0' CONCRETE PAD EXISTING AT&T UMTS ANTENNA TO REMAIN EXISTING AT&T GSM ANTENNA TO RE]WN EXISTING AT&T UMTS EQUIPMENT CABINET EXISTING 7E43 EQUIPMENT CABINET EXISTING AT&T GPS ANTENNA EXISTING ARGUS POWER CABINET EXISTING AT&T GSM CABINETS f EXISTING METER BANK EXISTING (2) 5'-6' CHA1NUNK CATE— 14. 24'x36' SCALE: 3/8' 11'x17^ SCALE 3/16' 1'-0' 2' 1 0 2' THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY 8Y NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. \ f t \ / X / X / X / X / X / X tX1STIN t \ EXISTING AT&T UMTS ANTENNA TO BE REIACA1ED EXISTING AT&T GSM ANTENNA TO REMAIN EXISTING AT&T TDMA ANTENNA TO BE REMOVED EXISTING AT&T TDMA ANTENNA TO BE REMOVED EXISTING GENERATOR EXISTING CHAINUNK GATE RECEIVED [fEB 2 5 2011 COMMUNITY MOM m 4 44rmwa A w , p ,D...} G MPOUND PLAN I 1 at&t Your world. Delivered. PACIFIC TELECOM SERVICES, LLC 8828 REGISTERED ARCHITECT RIC T B. HALL STATE OF WASHINGTON EXPIRATION DATE OF THE LICENSE: 08/20/11 SC78/310595 REVISIONS NO. DATE DESCRIPTION INITIAL A 02/23/II ISSUED FOR FZD HT NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE EXISTING ENLARGED COMPOUND PLAN SHEET NUMBER A-2 NOTE PROPOSED AT&T LTE ANTENNAS. MOUNTING HARDWARE AND EQUIPMENT TO BE PAINTED TO MATCH EXISTING PROPOSED LOCATION OF EXISTING AT&T UATS ANTENNA PROPOSED LOCATION OF EXISTING AT&T GSM ANTENNA EXISTING 121'-0' HIGH STEEL MONOPOLE PROPOSED AT&T LTE PANEL ANTENNA EXISTING HIGH ICE BRIDGE EXISTING BUILDING EXISTING AT&T EQUIPMENT EXISTING 12'—O' X CONCRETE PAD EXISTING AT&T UMTS ANTENNA TO REMAIN EXISTING AT&T GSM ANTENNA TO REMAIN EXISTING AT&T UMTS EQUIPMENT CABINET EXISTING AT&T TE43 EQUIPMENT CABINET EXISTING AT&T GPS ANTENNA PROPOSED AT&T LTE 9412 COMPACT ENCLOSURE EOUPMDIT T0 BE BACKPACK MOUNTED TO AN EXISTING TE43 EQUIPMENT CABINET PROPOSED AT&T GPS ANTENNA MOUNTED ON ICE -BRIDGE EXISTING AT&T ARGUS POWER CABINET EXISTING AT&T GSM CABINETS EXISTING METER BANK EXISTING (2) 5'-6' CHAINUNK GATE— f \ I\ / \ I\ L J 74 t /x y / EXISTING COAX RUNS EXISTING GENERATOR EXISTING CHAINUNK GATE RECEW E .FEB 2 5 2011 VELOPNMENT X / / PROPOSED AT&T LTE PANEL ANTENNA PROPOSED AT&T AWS RRH UNIT MOUNTED TO EXISTING MOUNTING ATTACHMENT (TM OF (1) PER SECTOR) COSTING AT&T GSM ANTENNA TO REMAN PROPOSED AT&T 700MHz RRH UNIT MOUNTED TO EXISTING MOUNTING ATTACHMENT (TYP OF (1) PER SECTOR) PROPOSED LOCATION OF EXISTING AT&T UMTS ANTENNA PROPOSED AT&T LTE PANEL ANTENNA PROPOSED AT&T (1) RAYCAP SQUID STRAPPED TO POLE AT COLLAR MOUNT PROPOSED AT&T (2) DC RUNS AND (1) FIBER RUN y / TO BE ROUTED WITH at&t Your world. Delivered. PACIFIC TELECOM SERVICES, LLC EXPIRATION DATE OF THE LICENSE: 08/20/11 SC78/310595 REVISIONS NO. DATE DESCRIPTION INITIAL A M/2./11 ISSUED FOR FZD NT NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE PROPOSED ENLARGED COMPOUND PLAN SHEET NUMBER 24%36' SCALE: 3/8' - 1'-0' 11'z17' SCALE: 3/16' = 1'-0' 2' 1 02' THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. North ma0...try Yr n.wr P• 0000.). PR PO D E1\rP ED UND PLAN [ 1 A-3 NOTE: PROPOSED AT&T LTE ANTENNAS, MOUNTING HARDWARE AND EQUIPMENT TO BE PAINTED TO MATCH EXISTING EXISTING BUILDING EXISTING AT&T ICE BRIDGE PROPOSED AT&T GPS ANTENNA MOUNTED ON ICE —BRIDGE EXISTING AT&T GPS ANTENNA EXISTING MICROWAVE ANTENNA EXISTING AT&T EQUIPMENTS GRADE 0 \ EXISTING UGHTING ROO EXISTING SPRINT/NEXTEL ANTENNAS PROPOSED AT&T LTE PANEL ANTQINA (TYP OF (1) PER SECTOR) EXISTING AT&T UMTS ANTENNA (1 PER SECTOR) TO REMAIN EXISTING AT&T GSM ANTENNA (1 PER SECTOR) TO REMM1 PROPOSED AT&T (1) RAYCAP SQUID STRAPPED TO POLE AT COLLAR MOUNT PROPOSED AT&T LTE PANEL ANTENNA (TYP OF (1) PER SECTOR) ROPOSED AT&T AWS RRH UNR MOUNTED TO EXISTING MOUNTING ATTACHMENT (TYP OF (1) PER SECTOR) PROPOSED AT&T 700MHz RRH UNIT MOUNTED TO DUSTING MOUNTING ATTACHMENT (TYP OF (1) PER SECTOR) PROPOSED AT&T (2) DC RUNS AND (1) FIBER RUN TO BE ROUTED WITH EXISTING COAX RUNS EXISTING CUMBING PEGS EXISTING 121'-0" HIGH MONOPOLE EXISTING ICE BRIDGE EXISTING NEXTEL EQUIPMENT SHELTER EXISTING 6'-0" HIGH CHAIN UNK FENCE WITH BARBED WIRE PROPOSED SOUTH ELEVATION 1-2— EXISTING BUILDING 24"x36" SCALE: 1/8" - 1"-0" 11 x17" SCALE: 1/16" - 1.-0" THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 24"x36" SCALE: 1/8" - 1'-0" 11"x17" SCALE: 1/16" .4 1'-0" 8 6 4 2 0 8' W MI WI OM WI WI W 0 EXISTING UGHTING ROD EXISTING SPRINT/NEXTEL ANTENNAS EXISTING UMTS ANTENNA (1 PER SECTOR) TO REMAIN EXISTING GSM ANTENNA (1 PER SECTOR) TO REMAIN EXISTING TDMA ANTENNA TO BE REMOVED EXISTING CUMBING PEGS EXISTING 121'-0" HIGH MONOPOLE EXISTING ICE BRIDGE EXISTING NEXTEL EQUIPMENT SHELTER EXISTING 6'-0" HIGH CHAIN UNK FENCE WITH BARBED WIRE ECEIVED FtI / 5 20111 at&t Your world. Delivered. PACIFIC TELECOM SERVICES, LLC EXISTING SOUTH ELEVATION I 1 8828 REGISTERED ARCHITECT RAC" B. HALL STATE OF WASHINGTON EXPIRATION DATE OF THE LICENSE: 08/20/11 c2J SC78/310595 O Q co 3 co -J z cc CD <5 I- 3 � Y 0 0 REVISIONS NO. DATE DESCRIPTION INITIAL A Ot/1]/Il ISSUED FOR F2D HT NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE EXISTING & PROPOSED SOUTH ELEVATION SHEET NUMBER A-4 8 6 4 2 0 8' 24-x36' SCALE: 1' = 11-x1T SCALE 1' = E PRs E % \.............................„ ,{ \ \ 0 17 "Z_ VIJ LISTING ASPHALT DRIVEWAY AND PARKING-7 PROPERTY LINE AT&T MOBLTTY PROPOSES TO MODIFY AN DUSTING TELECOMMUNICATIONS FACIIJIY BY ADDING (3) NEW LTE ANTENNAS (1) PER SECTOR. (E) RRHS. (1) SQUID MOUNTED TO AN COSTING 121•-O'Na. UI@IDPCIE N! (1) CPS MIIETNNA MOUNTED TO MI DOSING ICE BRIDGE ALONG WITH THE AMMON OF NEW LTE EntuP►ENT BACKPACK MOUNTED TO AN DUSTING ARGUS EQUIPMENT CABRIEr ON AN COSTING AT&T CONCRETE SLAB RUDE AN EGSTD4 FENCED COMPOUND. LEGEND SUBJECT BOUNDARY LINE — - - — - - — RIGHT-OF-WAY CENTERUNE RIGHT-OF-WAY UNE - - ADJACENT BOUNDARY UNE SECTIONAL BREAKDOWN LINE OHP OHP OVERHEAD POWER LINE — UCP UGP— UGP— BURIED POWER LINE BURIED GAS LINE UHT— OHr OVERHEAD TELEPHONE UNE — UCT UGT — UGT — BURIED TELEPHONE UNE —w —w —w —w — BURIED WATER UNE —SS 55 ss— BURIED SANITARY SEWER —5D 5D SD— BURIED STORM DRAIN DITCH LINE/FLOW UNE ROCK RETAINING WALL VEGETATION LINE — x — x — x — x — x — CHAIN LINK FENCE 0 0 ❑ WOOD FENCE — x — x — x — x — x — BARBED WIRE/WIRE FENCE zt PI fri E— (33 I 1 0 TRANSFORMER LIGHT STANDARD POWER VAULT UTIUTY BOX UTILITY POLE POLE GUY WIRE GAS VALVE GAS METER TELEPHONE VAULT TELEPHONE RISER 4 FIRE HYDRANT IA GATE VALVE M WATER METER o, FIRE STAND PIPE O CATCH BASIN. TYPE I ® CATCH BASIN. TYPE II • SIGN BOLLARD c MAIL BOX 234.21 SPOT ELEVATION NOTE PROPOSED AT&T LTE ANTENNAS. MOUNTING HARDWARE AND EQUIPMENT TO BE PAINTED TO MATCH EXISTING RECEIVED FEB 2 5 20111 VICINITY MAP t.11 Ott 'ro fl COMMUNITY OFVELOPMENT D SITE PLAN I 1 at&t Your world. Delivered. PACIFIC TELECOM SERVICES, LLC EXPIRATION DATE OF THE LICENSE: 08/20/11 SC78/310595 REVISIONS NO. DATE DESCRIPTION INITIAL A a2/21/11 ISSUED FOR FZD NT NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE ENLARGED SITE PLAN SHEET NUMBER A-1 THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. \ \ m FISTING ASPHALT DRIVEWAY AND PARKING PROPERTY UNE AT&T MOBILITY PROPOSES TO MODIFY AN BOSRND TELECOMMUNICATIONS FACILITY BY ADDING (3) NEW LTE ANIMUS (1) PER SECTOR (8) RRHS, (1) SQUID MOUNTED TO AN COSTING121 -0-AGL MONOPOLE NI (1) CPS ANTENNA MOUNTED TO AN EXISTING ICE BRIDGE ALDNC WITH THE ADDITION OF NEW LTE EDIAPIENT BACKPACK MOUNTED TO AN ETO 1IN0 ARCU3 EQUIPMENT CABINET ON AN C!$TP1G AT&T CONCRETE SLAB NNE AN EXISTING FENCED COMPOUND. N—. .. (Wnn 4)a. w.Wwr (ao�.l LEGEND SUBJECT BOUNDARY UNE - — - — - — RIGHT-OF-WAY CENTERLINE RIGHT-OF-WAY LINE - ADJACENT BOUNDARY UNE SECTIONAL BREAKDOWN LINE OHP OHP OVERHEAD POWER LINE — UCP UGP— ucP— BURIED POWER LINE BURIED GAS UNE DHr OHT OVERHEAD TELEPHONE LINE — UCT — UGT UGT — BURIED TELEPHONE UNE —w —w —w —W — BURIED WATER UNE —SS SS SS — BURIED SANITARY SEWER —SD SDSD— BURIED STORM DRAIN DITCH LINE/FLOW UNE ROCK RETAINING WALL VEGETATION LINE - x — x — x — x — X — CHAIN LINK FENCE ❑ ❑ ❑ WOOD FENCE — x—X—x—x —x— BARBED WIRE/WIRE FENCE rilTRANSFORMER O LIGHT STANDARD POWER VAULT ® nun' BOX 0 UTIUTY POLE E— POLE GUY WIRE ❑ GAS VALVE ® GAS METER aT TELEPHONE VAULT a TELEPHONE RISER 234.21 SPOT ELEVATION P 4 FIRE HYDRANT DI GATE VALVE BX WATER METER A FIRE STAND PIPE ❑ CATCH BASIN, TYPE I CD CATCH BASIN, TYPE II • SIGN e BOLLARD o MAIL BOX NOTE: PROPOSED AT&T LTE ANTENNAS, MOUNTING HARDWARE AND EQUIPMENT TO BE PAINTED TO MATCH EXISTING VICINITY MAP RECEIVED FEB 2 5 20111 GG}yIMUt!ll nr, 24%36" CPAI F: 1' 40'-O' L p 11'x1Y SCALE: 1' .• 80'-0 40' 20".9" ENLARGED SITE PLAN 1 at&t Your world. Delivered. PACIFIC TELECOM SERVICES, LLC EXPIRATION DATE OF THE LICENSE 08/20/11 c2i SC78/310595 2 0 O N Q co 3 00 a a) Z < cc (1 LJ O CO CO O REVISIONS NO. DATE DESCRIPTION INITIAL A OVUM ISSUED FOR FZD NT NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE ENLARGED SITE PLAN SHEET NUMBER A-1 THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.