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HomeMy WebLinkAboutSite Agreementr ORIGINAL Apri12004 SITE AGREEMENT Site NamF: Game Farm Sprint Site ID #: SE60XC303 1, Premises and Use. Owner leases to Sprint SpecWm LP., a Delaware limited partnership ("SprinP�, the site described below (Check all nppropr(nre bozesJ: ® Land consisting of approximately 900 square feet upon which Sprint will constmc[ its: ®base station equipment and ®antenna support s(mcture; ❑ Building interior space consisting of approximately square feet for placement otbase station equipment Building exterior space consisting of approximately 720 square feet for placement ofbase station equipment; ❑ Building exterior space for attachment of antennas; ❑ Tower space between the _toot and _foot level on the tower for attachment of antennas; as well as space required for cable runs to connect its equipment and antennas in the locations) shmm on Exhibit A attached, together with non-exclusive easements for vehicular and pedestrian access thereto, for placement of an underground grounding system, and for access to the appropriate source of electric and telephone facilities, in the discretion of Sprint (the "Site"). The Site is located on [he property as described in Exhibit A (the "Property'). The Site will be used by Sprint for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, communications service facilities, including, without limitation, antenna and base station equipment, cable, wiring, back-up power sources (including generators and fuel storage tanks), related fixtures and, if applicable to the Site, an antenna support structure (Ihe "Antenna Facilities"). Sprint will use tfie Site in a manner which will not unreasonably disNrb the occupancy of Osmer^s other tenants, if any. Sprint will have unrestricted access to the Site mrd the Antenna Facilities 24 hours perday, 7 days per week. 2. Term. The term of This Agreement (the "Initial Term") is IS years, commencing on the first day of the month follmving the date that both Ormer and Sprint have executed this Agreement ("Lease Commencement Date"). "Phis Agreement will be automatically renewed for I additional term of 5 years ("Renewal Term"), unless Sprint provides Owner with notice of its intention no[ to renew not less Than 90 days prior to Ihe expiration of the initial Tertn or any Renewal Term. 3. Rent. (a) Owner acknowledges receipt of the one-time aggregate payment of SIOO.OQ which is the entire rent due Cor the period Crom the Lease Commencement Date until [he Rent Commencement Date. Tire Ren[ Commencement Date is defined as Ihe earliest to occur of Ihe following: (a) the first day of [he rrwnih that is 60 days aRer the issuance of the Sprint building permit, or (b) the first day of the month Iha[ is 60 days after the date Sprint commences construction of the Antenna Facilities at the Si[e. Starling on the Rent Commencement Dale and on the first day of every nwnth thereafter, Sprint will pay rent in advance in equal monthly installments of 53,000 ("Rent"), until increased as set forth herein. Notwithstanding anything contained in this Section, Sprint's obligation fo pay Rent is contingent upon Sprint's receipt of a W-9 Corm setting forth the tax identification number of Osmer or of the person or entity to whom Rent checks are Nbe made payable as directed in writing by Osmer. (b) The Rent shall increase annually over the Rent payable [he preceding year in proportiar to the increase oCihe "All Items" cn[egory ofihe Consumer Price Index For Urban }gage Earners and Clerical workers published by the Bureau of Labor Statistics of the U.S. Department of Labor for Seattle -Everett Metropolitan Area ([he "Index"). The first adjustment shall be based on the amount, if any, by which the Index Tar the l2'^ month of the Lease term has increased over the Index Cor Ihe month preceding the commencement of [he lease term.' Subsequent adjustments will be based on the amount, if any, by which [he Index Cdr each. subser�uen[ t2" month of the Lease term has increased over the Ihdez for the 12 month of the preceding 12-month period. It shall be the responsibility of the Ormer to track the CPl and notify the Sprint of increases or reductions in the Rent If at any time 4he CPI ceases to incorporate a significant number oC items, if a substantial change is made in the method of establishing the CPI, or if issuance of the CPI shall be discontinued, then the Osmer and Sprint shall mutually agree upon another standard recognized cost of living index issued by the United States Government, provided Ora[ if the parries cannot reach agreement on such other standard cost of living index, then [he Owner shall select Ihe index closest [o the CPI. In either case, the substitute index chosen shall result in increases in law Dept PC Docs 77251 v2 evised 4/I/04 the Rent similar to those that had been, or would have been, generated by the CPI. (c) At least sixty (60) days before, but not more than rate hundred twenty (120) days before the commencement of the Renetml Term, if Owner desires to adjust Rent to the [hen -current rnarke[ rent ("Market Rent"), Owner shall notify Sprint of Owner's proposed Market Rent. within thirty (30) days after receipt of Osmer's proposed Market Rent, Sprint shall deliver to Owner its proposed Market Rent. - If Owner and Sprint cannot agree upon Market Rent within thirty (30) days a0er Sprint presents its proposal for Market Rent, then the matter chat I be settled by binding arbitration by a single arbitrator who has experience in real estate leasing matters. The arbitration will be administered - by the American Arbitration Association in accordance with its Arbitration Rules for the Real Estate Industry, and the arbitrator will be selected in accordance with the Appointment from Panel rotes, if the parties have not otherwise agreed to use a different arbitrator or arbitration process. At least [en (10) days in advance of the hearing each party will submit [o the arbitrator and N each other their best offers of Market Rent The arbitrator shall be limited [o choosing one of the hvo proposed Market Rent figures, and tfie arbitrator shall award- the Market Aent figure which is closest to the true Market Rent. The costs of the arbitration shall be home by Ilia party whose Market Ren[ figure was not selected by the arbitrator. Fact party will bear the cos[ of its orm expert witness and attorneys fees. Rent during the second through fiRh years of the Renewal Perm shall increase annually over the Rent payable during the preceding year in accordance with the terms of Section 3. b. 4. Title and Quiet Possession. Owner represents and warrants to Sprint and further agrees that: (a) i[ is the ormer of the property of which the Site is a part; (b) it has the right to enter into this Agreement; (c) the person signing this Agreement has the authority to sign; (d) Sprint is entitled to access the G Site at all times and to the non-exclusive quiet possession of the Si[e throughout the Initial Terrn and each Renewal Term so long as Sprint is not in sit default beyond the expiration of any cure period; and (e) Owner will have � limited unsupervised access to the Si[e or to the Antenna Facilities for maintenance of the field lighting. 5. Assignmant/Subletting. This Lease shall not be assigned by Sprint without the express written consent of Owner, which consent shall no[ be unreasonably withheld, delayed or conditioned. Any attempted assignment in violation of this Section shall be void. The transfer of the rights and obligations of Sprint to a parent, subsidiary, or other affiliate of Sprint, or to any successor -in -interest or entity acquiring fifty-one percent (51 %) or more of Sprint's stock or assets, shall no[ be deemed an assignment. Sprint shall give to Ormer thirty (30) days' prior written notice of any such transfer. Sprint will have the right to sublease all or any portion of the Site under this Agreemen[with consen[ofOsmeg which shall not be unreasonably withheld. Notwithstanding the foregoing, Osmer hereby consents to Sprin['s sublease with two other carriers, including New Cingular wireless PCS, LLC, its successors and assigns ("Cingular'), and Ormer acknowledges that Sprint's Rent pa}nnent hereunder includes the considem[ion payable to Osmer for the hvo canters' occupancy otOrmer's Property. 6. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, certified and postage prepaid or when sent via overnight delivery. Notices to Sprint are to be sent to: Sprint Contracts & Performance, Mailstop ICSOPHTO101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251-265Q with a copy to: Sprint taw Department, Mailstop KSOPHTOI01-Z202Q 6391 Sprint Parkway, Overland Park, Kmrsas 66251- 2020, Attn.: Sprint Real Estate Attorney. Notices to Owner must be sent to the address storm underneath Ormer's signature. 7. Lnprovemenfs. Sprint may, a[ its expense, make improvements on the Site as it deems necessary or desirable from time to time for the operation of the Antenna Facilities. Otmer agrees to cooperate with Sprint with respect to obtaining any required zoning or other governmental approvals for the Site . and the Antenna Facilities. Upon termination or expiration of this Agreement, Sprint shall, upon written notice by Owneg romove the Antenna Facilities. 8. Compliance with Laws. Owrrer represents'and warrants to Sprint that Ormer's properly (including the Si[e), and all improvements located thereon, are in substantial compliance with building, Iife/saCety, disability and other laws, codes and regulations of applicable governmental authorities. Sprint will substantially comply with all applicable laws relating to its possession/ Owater Initials:-=y� Sprint Initials: April 2004 Site Name: Game Fann and use of the Site. Sprint will also comply with the provisions of [he conditional use permit issued on April 4, 2005 by the City of Aubum under Ordinance 5905. 9. Interference. (a) Sprint will resolve technical interference problems with other equipment located at the Site on the Lease Commencement Date or any equipment that becomes attached to the Site at any future date when Sprint desires to add nddifional equipment to the Site. Sprint and Owner shall not operate in a manner which interferes with file other parry's operations on the Property, consistent with the rules and regulations of the Federal Communications Commission. Otmer agrees to exercise reasonable care to assure equipment of subsequent providers leasing space on the Property does not interfere with Sprint's Antenna Facilities operations. In the event (here is interference between Sprint and any third party, such interference will be resolved by and behveen the parties affected; however, if such interference cannot be resolved [o Sprint's satisfaction within forty-eight (4S) hours from commencement otsuch interference, then the parties acknowledge that Sprint will suffer irreparable injury, and therefore, Sprint will have the right, in addition to any other rights that it may have at law or in equity, to terminate this Lease upon 30 days notice to Otmer and restore the Owner's Property to its original condition, reasonable wear and tear and loss due [o casualty or other causes beyond Spdnt's control excepted. The operation of any wireless communication facility or equipment by Sprint or any person or entity which subleases from Sprint shall not interfere. with the .Owner's existing communication network on the Lease Cmnmencemen[ Date, including but not limited to Otmer's emergency communications systmn. @) Notvi thstanding the foregoing, Otmer shall have the right to install additirntal equipment (or public safety purposes (including, but not limited to police, lire and ambulance services) at or near the Site that might interfere with Sprint's Antenna Facilities. Both Otmer and Sprint will cooperate in good laith to design ormodity their own systems at their otm expense [o eliminate interference or reduce interference to reasonably acceptable levels ("Eliminate Interference"). If the parties cannot Eliminate hnertrence: (i) Otmer agrees to use good faith efforts to lease to Sprint a nearby site that is owned by Otmer (an "Altemate Site") under the same teens and conditions herein, or fill if the parties cannot agree upon an Altemate Site, Omter shall have the right to temtinate this Agreement upon ninety (90) days prior written notice to Sprint If Sprint must relocate its Antenna Facilities, Ownter agrees to allow Sprin[.to install temporary Antenna Facilities at an Altemate Site to prevent an intem�ption in Sprim's service during the relocation process. 10. Utilities. Owner represents and warrants to Sprint that all utilities adequate for Sprint's intended use of the Site are available at or near the Site. Sprint will pay for all utilities used by it at the Si[e. Owner will grant any casemen[(s) or other insimment(s) reasonably required by Sprint or the utility company in order to provide utility service required by Sprint Cor its intended use of the Site throughout the b»tial'!'emt and each Renewal'fenn. If there is a loss of elecUical service at the Site, Sprint may, at its expense, install and maintain a temporary generator and filet storage tank at the Site or the property adjacent to the Site at the location depicted in Exhibit A. 11. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) upon thirty (30) days' written notice by Ormer if Sprint fails to cure a default ibr payment of amounts due under this Lease within that thirty (30) day period; (b) immediately if Sprint is unable to obtain, maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and/or operation of [he Antenna Facilities or SprinPs business; (c) upon ninety (90) days' written notice by Sprint if the Lease Area or the Antenna Facilities are, or become unacceptable under SprinPs design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong, or for environmental or interference reasons. If Sprint exercises its right to terminate this Agreement under this Section ll(c) before the fiIIh anniversary oC the Rent Commencement Dale, Sprint will pay a tenninaton fee to Otmer in an amount equal to six (6) months Rent, using the monthly Rent in effect on the date the Agreement is terminated; (d) immediately upon written notice by Sprint if the Lease Area or the Antenna Facilities are destroyed or damaged so as in Sprint's reasmtable judgment to substantially and adverely affect the effective use of the Antenna Sprint Site ID N: SE60XC303 Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or desWction, and Sprint shall be entitled to the reimbursement on a prorated basis of any Rent prepaid by Sprint. If Sprint elects to continue this Leasq then all Rent shall abate mail the Lease Area and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destiuetion; or (e) al [he time title to the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Sprint's determination to render the Lease Area unsuitable for Sprint's use. Owner and Sprint shall each be entitled to purrsue their own separate awards with respect to such taking. (f) Owrter may temtinate this Lease if Otmer needs the Lease Area for expansion of Owner's responsibility to provide its services, and Owner has no reasonable or economical altemative site available, provided Otmer provides Sprint written notice twelve (12) months in advance of Otmer's need to re- establish Otmer's sole use of the Lease Area. Upon Sprint's receipt of written notice, Sprint shall have six (6) months to submit to Owner altemative locations for its Antenna Facilities. Such altemative locations maybe on the Property or other properties ormed or managed by Otmer. Owner shall evaluate such altematives and advise Sprint in writing if one or more of the altematives is sortable to accommodate SprinCs AnteNta. Facilities.. To be a suitable altemative location, such location will not unreasonably result in any interruption of the communications service of Sprint on Otmer's Property; nor will i[ impaig or in any manner alter, the quality of communications service provided by Sprint on and from Owner's otmed or managed properties. Sprint shall submit additional relevant information to assist the Ormer in making such evaluation. Ovntershall give each altemative location proposed by Sprint full and Cair consideration, within a reasonable time so as to allow for the relocation work to be perfomxd in a timely manner. If, in SprinPs reasonable judgment, no suitable altemative location can be found, Sprott shall reprove its Antenna Facilities. If an aitemafive location Cor Sprint's Antenna Facilities is Cound, Owner and Sprint agree to enter into a new Lease Agreement with the same temts and conditions of Ibis Cease. (g) If, during the feral of Otis Lease there is a determination made pursuant to an o8icial unappealable order of the Federal Communications Commission or any other applicable law, order, ordinance, regulation, directive, or standard as stated above that use of the Antenna Facilities by the Sprint poses a human health hazard which cannot be remediated, [hen (a) Sprint shall inmtediately cease all operations of the Antenna Facilities, and (b) the Lease shall temtinate as of the date of such order without further liability.. (h) Spdnt shall be entitled to a pro rats refund of its prepaid Rent for any termination of this Lease by Otmer pursuant [o Subsection 11(Q or 11(g). 12, DeCaulf. If either party is in default under this Agreement (or a period of 30 days following receipt of written notice Crom the non -defaulting party, the non -defaulting party may pursue any rwnedies available to it against the defaulting party at law and in equity, including, but no[ limited to, the right to terminate this Agreement. If anon -monetary default cannot reasonably be cured within a 30-day period, this Agreement stay not be temtinated if the defaulting party connnences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default. 13. Indemnity. Subject [o Section 17 hereof, Otmer and Sprint each inderruti5es and agrees to defend the other against and holds the other hamdess from any and aII costs (including reasmtable anomeys' fees) and claims of liability or loss which arise out of the ownership, use and occupancy of the Site by the indenmifying party. This indemnity does not apply to any claims arising Gom the negligence or intentional misconduct of the indemnified party. Tile indemnity obligations under this Section will survive temtination of this Agreement. 14. Hazardous Substances. Otmer represents mtd warzants to Sprint that it has no knowledge of any substance, chemical or waste on the Site that is identified as hazardous, toxic or dangerous (collectively, "Substance") in any applicable federal, state or local law or regulation. Sprint will not introduce or use any Substance on the Si[e in violation of any applicable law. Otmer will have sole responsibility for the identification, investigation, monitoring and remediation and cleanup of any Substance discovered at the Site unless the presence or release of the Substance is caused by the activities of Sprint. 15. Subordination and Non -Disturbance. This Agreement is subordinate to any mortgage or deed of Imst of record against the Si[e as oC the ease Convnencetnent Date. �a Law Dept PC Docs 77251. v2 Revised 4/I/04 April 2004 Site Name: Game Farm 16. Property Taxes. Sprint will pay Otmer any increase in Otmer's real property taxes that is directly attributable solely to any improvements to the Site made by Sprint Otwtter must pay prior to delinquency, all property [axes and assessments attributable to the property of Owner of which [he Site is a part \Vithin 60 days aRer receipt of evidence of Otmer's payment, Sprint will pay to Owner any increase in Otmer's real property taxes which Otmer demonstrates, to Sprint's satisfaction, is solely attributable to any improvements to the Site made by Sprint Sprint agrees to pay all leasehold taxes which may become due as a result of this lease. 17. Insuranre. Sprint mill procure and maintain commercial general liability insurance; with limits of not less than St,000,000 combined single Iimi[ per occurrence for bodily injury and property damage liability, with a certificate of insurance to be famished to Owner within 30 days after Sprint's receipt of a written request. Each party hereby waives its right of recovery against the other for any loss or damage covered by any insurance policies maintained by [he waiving party. Each party will cause each insurance policy obtained by it to provide that the insurance company waives all rights of recovery by subrogation against the other party in connection with any damage covered by the policy. � . IS. Dlaintenence. Sprint will be responsible Cor repairing and maintaining the Antenna Facilities and any other improvements installed by Sprint at the Site in a proper operating and reasonably safe condition; provided, however, if any repair or maintenance is required due to the acts or omissions of Onater, its agents, contractors or employees, Otmer will promptly reimburse Sprint for the reasmtable costs incurted by Sprint to restore [he damaged areas [o the conditimr which existed immediately prior thereto. Otmer will maintain and repair all other portions of ttte property of which the Site is a part in a proper operating and reasonably sate condition. 19. Miscellaneous. (a) This Agreement applies to and binds the heir, successors, executors, administrators and assigns of [he parties to this Agreement; (b) this Agreement is governed by the laws of the state in which the Site is located; (c) Otmer agrees to promptly execute and deliver to Sprint a recordable Memorandum of Agreement in the form of Exhibit B, attached; (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to [his Agreement must be in writing and executed by both parties; (e) if any provision otthis Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of [he provision to persons other Than those as to whom it is held invalid or unenforceable, tell not be at£ec[ed and each provision of this Agreement will be valid and enforceable�to the fullest extent permitted by law; and (� the drrncH Exbibir A - Sile Descripfiar Attncd Exhibit B - hfenmmnrfurn ofAgreearenr Form Sprint Site ID #: SE60XC303 prevailing party in any action or proceeding in court or muNally agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party, 20. Nmo-Binding iJntil Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is no[ and will not be binding on either party until and unless i[ is Cully executed by both parties. The following Exhibits are attached to and made a part of this Agrcentent: Exhibits A and B. OWNER: City of Aub / 6y: Name: Peter B. Lewis Title: Mayor / Date: _ %j —�— � fr) Taxpayer lD: Address: 25 \Vest Main Street, Auburn, wA 98001 Contact Phone Number: 253-931-3000 Email address: iC L(%%5 CU QA,(�GlM'Yl Wa. Q J ❑ See Addendum to Site Agreement for continuation of tmcr signatures SI'IiL�T: Sprint Spectrum L.P By: .� 7�v.—y-ti d�� Name: Mary .Murdoch Title: (�� o��" (/ �/j Date: �3irector, 'ue eve op�men�lt, C*aT/Ph1V[� Sprint Contracts Se Performance Hotline: 800-357-7641 Law Dept PC Docs 77251 v2 Revised 4/1/04 April 2004 Site Name: Game Earm EXIIIBIT A TO SITE AGREEMENT Site Description Sprint Site ID I!: SEGOXC303 Site located at 3030 R Street (Game Parm Park), sihTated in the City of Aubum, County of King, State of WashingtmT conunonly described as follows: Leeal Desm•iptimT: L.�AL €1�sc1RIPTIE?I+I: ' C-ovg�ment Lot ii o= 8ectiari 29, ToWnsYup 2? i3tasth. Range $ Easia, �F.id. r 4n 3ing Cr'Tn,ty, iTas&ingto�T; s1'}tC,.'+?T the Ncz'ti-i 6D Feet as crmveyed Go Kinq County bg deed recazded under Recarding Nc. 2G9G887; �1•!D EKCEP. that pert_an GonveyecT. to Che City bt Au4aT�rn by deed xecasded UTlder ReCOY[�1n� N6. 5896174t ''G�T��BR S�STd ��caced cos. 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HCLD U,"hiT SThM'1iFiU FOIT; TC! �� �.r '_ � i,t� y r/ 'rt tt --• F RTFLX.E AN F?75f1YG LD'M^4 fltlU U311T ,YAiM4U -.- `i t 1 4t1 .. �. 1 11t [f S/ 1 ! t� .. � I ,f"\ -'. i!i lJ rf /' 1 1 l , {{ i 1't -`- -� ... f r .�I � f T.1 i l` �� 'fi i FxCti USCU 6YCEHT rCUIPNEH7 RaGfal @T1NiH � x3R �` ,, � 1,1 �, i Ta ; ,, - / NUt71�ChRPoER MLESeORY tUUPNE11t UtvLi.7tIJ 'MtIH ,/ i a ii / :( Y �i.l t lee-g `,/ E�RFTf+T FUDG CCU�'UF.p7 CCEtiMAA 12'ai0 .VISA Ef 1HC f i S t - F1o6R FWT MIiH S°h[F: TtYI TNR-GRk1FR .k dlfT(a+:4R / 1 i p'IiERER flG\IC SH_=4TL4 hNNfIY (FLT:RE SIIll (;tiYld(H) "'f f i � { 1 I ' 1 � _-' ! ; � CNL+IRG@D SITE Pl,hty j Vr\' � AFOFOSEU CCiYptfT i . `�. � ii4tY Ii T'4A(1"C+ER i 1MR >S�+LT 'Nt2HkAY t._. � 14 4HILICR (1'Ih CIk1PLWrfj , ;it.� 1 t t - phlt'UStU I.UYUtTT� \ St ���� i . �, .: -r =FRq?J U NV,Ii-GV[AIEH , G2FPIIit: �;.74t � H11tILLJi raLiUi�' - � Tl<CTRI N. 5ER•IG {?�C ��� P�}S,N l�=. Enlarged Site Plan: Law Dep[ PC Docs 77251 v2 Revised 4/1/04 Site Name: Came Fm�m Apri12004 Sprint Site ID N: SE60XC303 f i 4 �, � 1__ ,l 7 {�%' L 9t 1 YJn 4 J 1 R(ffri 4i \�C A } ..�t. i -' - - ._ i I aV'l. I 1, i i ._� .:, i t �, 4ij-vn�if ' �j, r� 1 �� �1 " i��f � „��.� �� t �� -,� �-- � :lv ,1„ y L,n ��+=.c s .c 1 ANikNNA PLAN 17 v ..,,..__, i.,, 4.ft �it .1 _�� ... ,. Owner hritials: Sprint Initials: �1 t.R� / �i lt" it Y It � t i r'' f1f{SI rmaio u.fna elr � dnvir•m :a qy f(�{f�li itDC+q flit 4 l t�11t�{I ` i. 1 l,i,#t 3 iif,� ' . f ili ! l4 � >i � %� ':� � `j,I,ittil � ���✓ � i i��# ii'i� t�— ( 1771t� —J :a I� i fi 1 `�Iiisi4 ; h i J l� t�} "� �' }l i ���Ufl I f a l iifdi i _ � �� I . i i �� � t� l i J A' �. �l i � { ; 3 � f ,!� - 1 I� f r. 7 t i ! L i _�_f-' Il '' � ! � � �,� �, � � � ,1� I ,r f f :L S'�fj i �� � � � ,; � ( t I i 7: 2.G��`,/i� i Note: Owner and Sprint may, at Sprint's option, replace this Exhibit with ur exhibit setting forth the legal description of the property on which the Site is located or an as -built drawing depicfing the Site. *(Use this EhiLi(Ajar Site Agreement, Option Agreenlenl, rtnAMemormiAmn ofAgreemenl.] Law Dept PC Docs 77251 v2 Revised 4/1/04 Sile Name: Game Parm Apri12004 Sprint Site ID #: SE60XC303 EXHIBIT B TO SITE AGREEMENT Memorandum of Agreement This Memorandmn of Agreement ("Memorandum") dated entered into by a written Site Agreement (the "Agreement") dated and Sprint Spectrum L.P., a Delaware limited partnership ("Sprint"). 20 ,evidences that a lease was made and 20_, behveen City of Auburn ("Owner") The Agreement provides in part that Owtrer leases to Sprint certain real property owned by Owtrer and located at 3030 R Sheet, City of Aubtun, Cotmty of King State of Waslritrgton, together with non-exclusive easements for reasonable access thereto, for placement of an wrderground grounding system, and for access to the appropriate source of electric and telephone facilities (the "Site"). The Site is further described in Ex]»bit A attached hereto. The term of the Agreement is 15 years cmlunencing on , 20 which teen is subject to 1 additional term of 5 years that maybe exercised by Sprint. The parties have executed this Memorandum as of the day and year first above written. O�YNER City of Auburn By: S.1IIPLE ONLY: DO NOT SIGN Name: Peter B. Lewis Title: Address: 25 Nest Main Auburn, NA S Contact Phone Number: 253-931 SPRINT Sprint Spectrum L.P. By: SAnIPLE ONLY• DO NOT SIGN Name: Title: Address: Sprint Contracts & Perfonnnnce Hotline: 800-357-7641 Law Dep[ PC Docs 77251 v2 Revised 4/1/04 April 2004 Email Address: ❑ See Addendum to Memorandum of Option Agreement for continuation of Owtrer signatures. Attacb Lzhibit A - Srte Description Owner Initials; Sprint Lritials: Law Dep[ PC Docs 77251 v2 Omer Initials: Revised 4/t/04 Sprint Initials: Apri12004 Site Name: OWNI✓R NOTARY BLOCK: STATE OF Washington COUNTY OF King Sprint Site ID #: The foregoing instrument was (choose one) attested or acknn.vledaed before mp this "/ � day of 20 OCo, by (droose wreJ �_i w ,, � ..� _.f � � an individual, ❑ or (J - partner or agent on behalf I p`"uQer g5\ON Eko���` Irn %r (A �.'I}��(�T��`�j �`Ei�L� (OFFICI NOTARY SIGNATURE) O - ' : �, a NOTARY PUELIC STATE OF r°ll� �C pF •��I,.�Y`<" / Gf /'l1 Q.i"G/. %% � �OTf't �� My commissto�fla��Ir�s;, _ ,..+` (PRINTED, TYPED OR S'!'AMPED NAME OP NOTARY) /6- 9- 6 7 COMMISSION NUMBER: SPRINT NO� T)A"RAY B,�L.�O-CK: STATE OF LC,!//��,y(/iyt� io.1� COUNTY OP 'J/N�b The fore g instrument was acY yowled ed b fore me this \J�Q.— day of 20fJ�, by • � as .ierT � �� e..�� of Sprint Spectrum L.P., a De aw united partnership, who executed the foregoing instrument on be alf of the parMersltip. (AFFIX My commission expires: 6 `�l �b� (OFFJBiAL � OTARY S[GNATURE)� NOTARY PUI3L[C STATE OP /� 0.2E��i / �/i�ion/%� (PRINTED, TYPED OR STAMPED NAME OF NOTARY) Law Dept PC Docs 77251 v2 Revised 4/1/04 City of Auburn Council Meeting Minutes April 4, 2005 D. Agenda Modifications Agenda modifications included the transmission of attachments related to the closed record hearing for Item II.A.1 and the request to award the bid for Project Number C307A under Item V.C.3 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS &CORRESPONDENCE A. Public/Closed Record Hearings The following is a closed record hearing where any public testimony must be strictly limited to the issues involving the proposals and must also be limited to comments on the record". No new or additional evidence may be allowed. 9. Closed Record Hearing on Application No. CUP04-0007 City Council to conduct a closed record hearing on the request of Justin Abbott, on behalf of Cingular Wireless and M PCS for a conditional use permit to replace an existing 80-foot high athletic field light standard with a 104- foot high steel light standard to support two antennae arrays for wireless communications facilities and to allow associated radio equipment to be located in a 720-square foot enclosed structure at the foot of the new standard on property located on Field 3 of Auburn's Game Farm Park at 3030 R Street SE in Auburn. Senior Planner Jeff Dixon reported that the request from Cingular Wireless an QvTrtt is to replace an exiting light standard in Game Farm Park, The proposal is to remove the existing 80-foot, wooden tower and replace it with 104- foot tower, which is a 30% increase in height that would be allowed through a conditional use permit. They also propose to enclose accessory equipment within a building to be constructed on the site. The building would be designed to be compatible with existing structures at Game Farm Park. Subsequent actions would also include negotiating the lease agreement with the Parks Department for the use of the ground area. The City is in the process of acquiring the property from the Washington State Parks Department. The Hearing Examiner conducted a public hearing on February 23, 2005 and recommended approval with three conditions. Page 5 City of Auburn Council Meeting Minutes Amil4 2005 Councilmember Wagner expressed concerns related to noise levels and recommended adding a condition that limits sound levels from all project sources. In response to questions from Councilmember Peloza, Parks Planning and Development Manager Dan Scamporlina reported that the proposed building would be approximately 100 feet from the edge of the parking lot. The Washington State Parks Department is in the process of transferring the property to the City of Auburn. Lease negotiations will be between the City of Auburn and Cingular Wireless and Sprint. Mayor Lewis opened the closed record hearing. Michael Bocatch, 1007 Auburn Way North, Auburn Mr. Bocatch referred to documentation transmitted in the agenda modification under Item No. 8, page 4. Mr. Bocatch related that he previously requested through the Park Board that the City provide and store temporary fencing for softball purposes at Game Farm Park. Mr. Bocatch indicated that he was informed that it was not viable for the Parks Department to provide fencing until a storage facility was available. Mr. Bocatch asked if the proposed accessory equipment building could be enlarged to house temporary fencing. Mayor Lewis reported that the proposed building and the boundary around it will be a locked and prohibited area due to the equipment that will be stored inside the building. Mr. Bocatch inquired regarding public safety with regards to the proposed southern portion of the structure, which is to consist of a 12 by 20 foot partially enclosed area for a picnic shelter. Mr. Scamporlina stated that the intent is to enclose that portion of the shelter for future installation of a third carrier. The area will be used as a covered picnic shelter in the meantime, and will not be enclosed. The shelter will be, located against the fence with a five-foot walkway parallel to the fence leading to the proposed facility.