HomeMy WebLinkAbout1614
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1 RESOLUTION N0. 1 6 1 4
2
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
3 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH
INTERSTATE MOBILEPHONE COMPANY TO LEASE PROPERTY FOR
4 INSTALLATION OF A TELEPHONE COMMUNICATIONS TOWER.
. 5
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING
DULY ASSEMBLED, HEREWITH RESOLVES THAT: 8 THE Mayor and City Clerk are herewith authorized to execute a Lease
Agreement with Interstate Mobilephone Company to lease property for installa-
9
tion of a telephone communications tower. A copy of said agreement is
10
11 attached hereto, denominated as Exhibit °A" and made a part hereof as though
12 set forth in full herein.
13 THE Mayor is hereby authorized to implement such administrative procedures
14 as may be necessary to carry out the directions of this legislation.
15 DATED and SIGNED this 19th day of August, 1985.
16 CITY OF AUBURN
17
18 19
M A Y 0 R
20
21
22 ATTEST:
23
24 G
~ C er .
25
26
27 .
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29
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31 .
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32 Resolution No. 1614
8/14/85
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1 ANTENNA SITE LEASE
2
3 THIS LEASE entered`into by and between the CITY OF AUBURN, a municipal
' q, corporation under the existing laws of the State of Washington ("Lessor) and
5 INTERSTATE MUBILEPHONE COMPANY ("Lessee").
6 1. Lessor owns the property described on Exhibit "A" and attached
ry hereto (the "Property"). Lessor hereby leases to Lessee a portion of the
g Property consisting of the six thousand (6,000) square feet indicated on
g Exhibit "B" (.the "Premises").
10 2. This Lease shall be for a period of twenty (20) years. This
11 twenty-year period shall commence upon issuance of a building permit from the
22 controlling municipal authority (City of Auburn) or within 12 months of the
13 effecti.ve date set forth hereafter, whichever occurs first,
14 3. (a) Lessee sfiall pay Lessor, as rent, the sum of Four Hundred
15 Fifty and no/100 Dollars ~($450.00) per month during the first year of this
lb Lease. At the beginning.of each year thereafter, the monthly rent snall auto-
17 matically be increased in proportion.to the increase of the "A1fi Items" cate-
18 gory of the Consumer Price Index for Urban Wa'ge Earners and Cler?ca? Workers
lg published by the Bureau of- Labor Statistics of the U.S. Department of Labor ~
, 20 for the Seattle-Everett Metropolitan Area (1967 = 100) (the "Index°). The
21 first adjustment shall be based on the amount, if any, by which the Index for
22 the 12th month of the Lease term has increased over the Index for the month
23 preceding the commencement of the lease term. Subsequent adjustments will be
24 based on the amount, if any, by which the Index for each subsequent 12th month
2 5: of the Lease term has incresed over the Index for the 12th month of the
26
. Antenna Site Cease
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~,...i. . .1 preceding 12-month period. If the above reference Index is discontinued, the
2 parties agree to use a locally available comparable substitute. Rent shall be ,
3 payable on the first day of each month in advance at such place as may be de-
_ 4 signated by Lessor, except that rent for the first month has been pa.id upon `
5 execution of this Lease, and Lessar acknowledges receipt of"the same.
6 (b) Lessor and Lessee agree that upon each five year.anniversary
q of this Lease (i..e, commencement of the 6th, llth, and 16th years) the rental
g amount due pursuant to Paragraph 3(a) herein shall be reviewed by a local,
_ g licensed appraiser, relative to its consistency with market value rents for
10 land leases in the same area involving similarly zoned property, and adjusted
11 to reflect same; but in any event the rent shall not be reduced from its then
12 current level. If. the parties disagree upon the market level rents estab-
1 3 >>shed by the appraiser, then the disapproving party shall select a second
14 appraiser to work with the first appraiser in determining the market level
1 5 rents. If these two appraisers cannot agree, they will select a third
16 appraiser whose decision shall be final.. This process shall begin at least 90
17 days prior to the termination of each of the five year periods and be con-
18 cluded before or upon the anniversary date as referenced above. The parties
19 to this Lease shall be equally responsible for paying for the service of said
20 appraisers. '
21 4. Lessee has been granted a license ("the License") by the Federal
22 Communications Commission ("FCC") to construct a cellular radio communications
23 system in the Seattle area. Lessee shall be authorized to use the Premises as
24 a cell site for such system, as more fully described in Section 5 below.
25 5. (a) Lessee shall have the right to erect and maintain on
26 Premises an antenna tower (not to exceed 150' in height) and base, together
, Antenna Site Lease -
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1 with a supporting outbuilding for housing of electronic equipment related to
2 the antennas and cellular, system and an emergency generator; the maintenance
3' operation of which is to be limited to the hours of 1 p.m, to 3,p.mall of
. 4:which will be cyclone fenced and landscaped consistent with City of Aubur.n
5 requirements, (collectively hereinafter'referred to as the "Cell Site
6 Facility"). Additionally, Lessee shall provide a security gate at such point
7 as the access road to the Cell Site Facility departs from the City.roadway and
8 enters the property described on Exhibit "A". Lessor acknowledges.that it has
9 been apprised of tfie extent of such construction as depicted on Exhibit "C"
10 attached hereto. The Cell Site Facility shall be exclusive to the Lessee and
11 any use, by others, of this facility for uses other than cellular, sHall first
12 be approved by Lessor. Lessee agrees to cooperate with Lessor should Lessor
3.3 have need to use the Cell Site Facility for purposes which would.be publicly
14 beneficial in nature and which use would be in the capacity of the Lessor's
15 responsibility to its residents; but in any event, such use shall not inter-
16 fere with Lessee's'use.
17 (b) The Cell Site facility shall be erected and maintained at
18 expense of Lessee and at its sole risk. Lessee shall indemnify Lessor and
. ],g hold it harmless from any claims, damages or expenses (including reasonable
' 20 attorney's fees) arising out of'Lessee's use of the Premises, the conduct of
, 21 its business on the Premises, or any other acts or omissions of Lessee, or its
' 22 employees, agents,`or contractors, re,lating to the Premises. ~
23 (c) Lessor understands that Lessee may be required to supply the
24 Premises with uti1ities andJor to improve the present utility service to the
25 Premises. Lessee sha11 have the right to i'nstall utilities on the Premises
- 26 and to permanently place utilities on (or to bring underground utilities
~ /lntenna Site Lease . ` ,
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1 across,) the Property in order to service the Premises, such utilities location
2 shall be located as depicted on attached site plan (Exhibit "C"). Lessor and
3 Lessee agree to negotiate in good faith to deterimine the manner in which any
4 such utility services will be supplied to the Premises.
. 5 (d) Lessor shall provide Lessee access (see Exhibit "C" for
- 6 location of access easement) over the Property to the Premises at al.l times
ry during the Lease.
g (e) Except with respect to activities for which Lessor is
g responsible, Lessee sfiall pay as due all claims for work done on, and for ser-
10 vices rendered or material furnished to, the Premises, and, except as per-
11 mitted by Section 13; shall keep the Premises free from all liens.
1 2 6. (a) Lessor shall have the right to terminate this Lease by writ-
13 ten notice to Lessee, if any event of default by Lessee occurs and if Lessee
lg has not corrected such default or begun correction within 30 days after writ-
15 ten notice from Lessor. An event of defau,lt by Lessee shall occur if Lessee
16 (_1) faiTs to pay any ,rent within 10 days after written notice that it is due,
17: ~2) fails to fulfill any obligation or term of this Lease, or (3) is deemed
18' inso`lvent, makes an assignment in bankruptcy, or fails to secure dismissal of
lg an involuntary bankruptcy petition within a reasonable time.
20 (b) Gessor may terminate this Lease if Lessor needs the Premises
21 for exPansion of Lessor.'s responsibility to provide its services, pursuant to
22. law, and Lessor has no alternative site available, prov9ded Lessor provides
23. Lessee written notice 24 months in advance of Lessor's need to reenter the
24 Premises. 25 7. Lessee shall have the right to7terminate this Lease, by written
26 notice to Lessor, upon the occurrence of any of the folTowing events: -
I Antenna Site Lease
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1 (a) If Lessor defaults in observing any covenant or term hereof
2 and fails to correct such default or commence correction of such default
3 within 30 days after written noti-ce from Lessee.
4 (b) If the approval of any agency, board, court, or otlier
5 governmental authority necessary to construct.ion and/or operation of the Cell.
6 Site Facility cannot be obtained, or if Lessee reasonably determines the cost
7 of obtairring such approval prohibitive.
8 (c) If Lessee reasonably determines that the Premises are not .
9 appropriate for a Cell Site Facility for technologicaT reasons, including, but
10' not limited to, sign,al interference.
(d) At anY time if the L,icense is revoked, materiallY amended or~
11
12 suspended.
13 8• Upon a notice to terminate by Lessor or Lessee under Section 6 or 7
1~ above, the Lease shall terminate and be of no further force or effect. Unless
15 otherwise agreed between the parties, upon termination, whether under Section
16 6 or 7 above or under Section 11 or 12 _below,,Lessee wi11 be entitled and
17 obligated to remove the equipment, tower and building plaeed on the Premises
18 by Lessee.
19 9. Upon commencement of the Lease, real property, leasehold taxes and
20 or excise taxes for fhe Premises shall be the responsibility of l.essee.
21 10. Cessee, at its cost, shall maintain public liability and property
, 22 damage insurance, in an amount not less than One Million ($1,000,000.00)
23 Dollars. Lessee shall name Lessor as an additional insured and shall' provide
24 Lessor certification of insurance confirming.same. Neither party shall be
25 liable to the other (or to the other's successors or assigns) for any loss of
Z 6 Antenna Site Lease
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damage caused by fire or any of the risks enumerated in a standard fire policy
1
2 with an extended coverage endorsement, and in the event of insured loss,
3 neither party's insurance company shall have a subrogated claim against the
4 ' other, '
0 5 11. If a material portion of the Premises or Lessee's improvements
6 thereon.are destroyed or damaged, Lessee may elect to terminate the Lease
• 7 effective as of the date of the damage or destruction by notice given to
8 Lessor in writing not more than 45 days following such date. In such event,
. 9 all rights and obligations of the parties shall cease as of the effective date
10 of termination.
. 11 12. If a condemning authority takes all of the Property, or a portion
12 sufficient to render the Premises rea,sonably unsuitable for the.use which
Lessee was then making of the Premises, the Lease shall termanate and be of no
13
;
further force or effect as of the date the title vests in the condemning
„ 14
15 authority. Both parti.es shall be entitled to participate in the condemna*ion
16 -Proceedings, and any award granted by the condemning authority shall be appor-
t.ioned between the parties either (a) as expressly provided in the award, or ~
17
l$ (b) if no such express provision is made in the award, then as their interests
maY aPPear.
19
13. If suit or action is.instituted in connecti.on with any controversy
20
21 arising out of this L:ease, the prevailing party shall be entitled to re_cover,
in addition to costs,.such sum as the court may adjudge reasonable as attorney
22 :
Z 3 fees, inc,luding fees •upon appeal of any judgment or ruling.
24
25
26 Antenna Site Lease
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. . ' - ~I . . , ~ . 1 14, Any notice required or permitted under this Lease shall be given
2 when actually delivered, or 48 hours after deposited in the United States mail
3 as certified mail, addressed to the addresses as specified below or as from
4 time to-time changed by,either of the parties in writing.
, 5 Lessor: CITY OF AUQJRN, WASHINGTON -
25.West Main
6 - Auburn WA 98001
ry Lessee: INTERSTATE MOBILEP.HONE COMPANY
201 E1liott Avenue West
8 Suite 220
Seattle WA 98119
9 .
15. If this Lease terminates at.a time other than the end of the spe-
10
cified rental periods, then the rent shall be prorated as of the date of fer-
11
mination, and in the event of termination for reasons other than default of
12 ,
Lessee, all prepaid rent shall be refunded to Lessee or paid on its account.
13
I 16. This Cease shall run with the Property described in Exhibit "A".
14i
This Lease shall be binding upon and inure to the benefit of the parties and
15 .
their respective successors and assigns. Any successor to Lessee arising as a
16
result of withdrawals of existing partners, admissions of new partners, trans-
17 fers of interests of partners, or incorporation of the Lessee shall_be deemed
- le the Lessee hereunder for all purposes of this Lease (including.this sentence),
19 . !
20 DATED this
2-1ct day of _ August , 1985.
21
22:
23
24
25 - -
26
Antenna Site Lease..
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Lessor: Lessee.:
1 CITY OF AUB , WASHINGT INTERSTATE MOBILEPHONE COMPANY .
2
BY : BY :
3
ayo D UGLAS 6. HAUFF~re "
4 ATTEST:
5 G
ORALEE McCONNEHEY,.City Glerk
6
7 STATE OF WASHINGTON)
)SS
8
. COUNTY OF KING )
9 I On this .91,j..- day of 1985, before me, the under-
10 signed; a Notary Public in and for e State of Washington, personally
appeared BOB ROEGNER and CORALEE McGONNEHEY, to me-known to be the Mayor and
City Clerk, respectively, of the CITY OF AUBURN, WASHINGTON, the corporation
11
that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said corporation, fcr -the uses
1 2 and purposes therein mentioned, and on oath stated that they af-e autP,criz?d to
execute the said instrument. - .
13 IN WITNESS WHEREOF, I have hereunto set X hand nd affixed ^!y offic?a.'
seal on the date 'hereinabove set forth.
14 .
.
15 RY PUBLIC in and 'for tMe crat
16 (7Washington, residing a'~ k~
STATE OF WASHINGTDN} _
)ss
17 COUNTY OF KING )
~
, 1985, before me, the under-
18 On this day of Lfeld=
signed, a Notary Public in and for he State of Washington, duly commissioned
19 and sworn, personally appeared DOUGLAS 8. HAUFF, to me known to be the
President of INTE_RSTATE MOB:ILEPHONE COMPANY,'the partnership that executed the
20 foregoing instrument, and'acknowledged the said instrument to be the free and
voluntary act and deed of said partnership for the uses and purposes therein
, 21 mentioned, and on oath stated that he was authorized by the partners of said
partnership to execute the said instrument.
22 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
23 .
24 NOTARY P IC in and for tfie tate
25 _ of Washi gton, residing a~Antenna Site Lease -
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. ~C : i ~ ~ : i • ~BJ AN7EKHA S ITE LEASE
a F 'V 'fi~.,
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3. K;~'3l4S-itXSE entered lnto by and betweeti the CITY OF AUBt1RP1, a municipal
q corporation under the existing ]aws of the State of Weshington ("Lessor) and
- g ItdTERSTATE MOBILEPHQNE COMPAkY ("Lessee"). -
g 1. . Lessor owns the property desrr9bed on Exhiblt "A" and attached
cn ~ hereto (the "Property"), Lessor hereby leases to Lessee a portion of the
~
~ g Property consisting of the six thousan d(6.000) square feet indicated on
g Exh'tbit "6" (the "Premises"). .
t~t
~ 10 2. This Lease sha11 be for a eriod of twent
P Y(20) Years . TM s
11 twenty-year period shall commence upon issuance of a building permit from the
12 contro111rrg municlpal authority (City of Auburn) or withln 12 months of the
13 effec.tive date set forth hereafter, whichever occurs first.
14 3. (a) l,essee sha11 pay Lessor, as rent, the sum of Four Nundred
2,8 Fifty and no/100 Do]lars ($450.00) per month during the first year of this
lg lease,. At the beginning of each year thereafter, the monthly rertt shal.l auto-
17 mati:cally he increased in proportion to the increase of the "A11 Items" c6te-
.18 9ory of the Consumer Price Index for-Urban Wage Earnersand Clerical Workers
lg pub)lshed by the 6ureau of Labor statlstlcs of the U.S. Department of Labor
20 for the Seattle-Everett Metropolitan.Area (1967 ~ 100) (the "Index"). The
21 firs't adjustment shall be based on the amaunt, if any, by which the Index for
the 12th month of the Lease term has fncreased over the Index- for the month .
.
23 preceding .the commencement of _the lease term. Subsequent adjustments w111 be
, 24 based on the amount, if any, by which the Index for each subsequent 12th month
25 of the Lease term has incresed over the-Index for the I2th month of the 26 ` ,
95/12/27
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preceding 12-month•perlod. If the above reference Index is discontinued, the ~
1 :
2 pnrtles agree to use a]ocally avail.abte comparable substitute. Rent shall be<
~ payable on the first day of each mo'nth in advance at such place as may 6e de-
Q signated by Lessor, except that rent for the first month hes been paid upon
5 execution of this lease,'and Lessor acknowledges receipt of the same;
ci 6 (b) Lessor and Lessee agree that upon each five year nnniversary
~ q of this Lease (i,e, commencement of the 6th, llth, and lfith years) ttie rentat
~
amount due pursuant to Paragraph 3(a) hereln shall be reviewed by a locai.
~
~ g licensed appraisero relative to 1ts consistency with market value rents for
10 land leases 1e the same area lnvolving.similarly zoned property, and adjusted
11 to :refl ect same; but in nny event the rent shall not be reduced from its then
3.2 current level. If the partles disagree upvn the market level rents estab-
13 lished by the appraiser, then the disapproving party shali select a second
14 appraiser to work wi.th the first appraiser in determinjng the.market level
_ lb rents. If these two appraisers cannot agree, they will select a third
16 appraiser whose decision shall be final. This process sha11 begin at least 9C
11 days prior to the termination of each of the five year periods and be con-
18 cluded before.orupon the anniversary date as referencqd above. The parties
19 to this Lease shall be equally responsibl'e for paying for the seryice of said
20 appr8jsers. . 21 4. Lessee has been granted.a license ("the License") by the Federal
22 Communicatlons Commisslon ("FCC") to construct a cellu7ar radlo communications
93 system in the Seattle area. Lessee shall be authoriZed to use the-Premises as
a cell site for suc'n system, as more fully descrlbed in Section 5 Delow.
25 S. (a) Lessee sha11 have the right to erect and maintain:on,
25 Premises.an antenna tower (not to exceed 1501 in height) and base, together _
Anfenn'a Site Lease
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~ With a supporting outbuilding for housing of eiectronic equipment related to j
2 the antennas and cellular system and an emergency generator, the mnintenance
$ operatSon of whlch is to be limited to the hours of 1 p.m. to 3 p.m.. all of
q, which wt11 be cyclone fenced and landscaped consistent with City of Auburn
5 requirements, (callectively hereinnfter referred to as the "Cell Site
cl 8 Facility"). AddTtionally, Lessee shall provide a security gate at such point
~ ? as the access road to the Cell Site Facility departs from the City roadw8y and
~
~ 8 enters the property descr9bed on Exhibit "A". Lessor acknowledges that it has
~
. t~ Q been apprised of the extent of such construction ns deplcted on Exhlbit "C"
~
10 attached hereto. The Cell Site Facility sha11 be exclusive to the Lessee and
11 any use., by others, of this facility for uses other than cellular, shall first
12 be approved by Lessor. lessee agrees to cooperate with Lessor should Lessor
13 hnve need to use the Cell Site facility for purposes wM ch would be publiciy
14 beneficial in nature and which use would be in the capacity of the Lessor's
_ lb responsibility to its residents; but in any event, such use shall not lnter-
16 fere with Lessee's use. 17 (b) The-Cell S1te facility shall be erected and ma1•ntained at
18 expense of lessee and at its sole risk. Lessee shall %demnify Lessor and
3,9 hold it harmless from any clalms, damages or expenses (including reasonable
pp attorney's fees) arising out of1e9see's use of the Premises, the cenduct of
23. its bustness on the Premises, or any other acts or omissions of Lessee, or its
22 employees, agents, or contractors, relating to the Premises.
23 (c) Lessor under5tands that Lessee may be required to supply the
24 Premis.es with utilities andlor to improve the present utllity service to the
25 Premises_ Lessee shall •have the r{.ght to install utilities on the Pret1115e5.
' 26 and to permanently place utilities on (or to bring underground utilities
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~ across) the Property.in order to service the Premises, such util.ities locstion
~ snall be located as depicted on attached site plan (Exhibjt."C"). Lessor and
3 Lessee agree to nego,tiate in good faith to deterimine the manner in.wh9ch any
~ such utility.services wi11 be supplied to the Premises.
M 5 (d) Lessor shall provide Lessee access (see Exhlblt "C" for
~ 6 location of access easement) over the Property to the Premises at.all times
~ .
N q during the Lease.
t~l
~ 8(e) Except with resge.ct to activities for which tessor is
~
g responsible. l.essee shall pay as due all clalms for work done on, and for ser-
10 vices rendered or materjal furnished to, the Premises,.and, except as per-
, 11 mitted by section 13. sha11 keep the Premises free from a11 liens. . 12 6. (a) l.essor shall have the right to termSnate this Lease by writ-
13 ten notice to Lessee, if any event of default by Lessee occurs and ff Lessee
'14 has not corrected such defaalt or begun corr.ection wlthjn 30 days after writ-
1 6 ten notlce from Lessor. An event of default by Lessee sha11 occur if Lessee
lg (1) fails to pay any rent within 10 days after wrttten notlce that it is due,
17 (z) fails to fulfill any obligatlon or term of this Lease. or (3) js deemed
18 insolvent, makes an assignment in bankruptcy, or fatls o.~ secure dismissal of
19 an involunt8ry bankruptcy petition withln a reasonable-time. f
20 (b) Lessor may terminate #his Lease if Lessor needs the PremiseS;
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21 for expansion of Lessor's responsibillty to provide its services, pursuant to
22 1aw, and Lessor has no alternative site: available, prcvided l.essor provides
2 3 Lessee written notice 24 months in advance of Lessor's need to reenter the
' 24 Premises. ,
25 . 7. Lessee sha11 have the right to terminate this.Lease, by written
28 notice to Lessor, upon the occurrence of any of the following events:
Antenna Site lease .
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) ~ 1 (a) I'F lessor de#aults in oDserving any Covenant or term hereof
2 and fails to correct such default or commence correction of such default 3 within 30 deys after written nottce from LesseE. ~ (b) If the approval of any agency, board, court, or other
~ g governmental authority.necessary to construction andJor operation of the Cell
o')
co 6 5tte facllity cannot be obtained. or if Lessee reasonably determines_the cost
~ of obtaining such approval prohSbltlve.
f14 q . :
~ (c) If Lessee reasonably determines that the Premises are not
m . 8
$ appropriate for a Ce11 S1te Facility for techncloglcal reasons, including, but
10 not ltmited to, si:gnal interference.
11 (d) At any time if the License is revaked, materiaily amended or
1z suspended.
13 8• Upon a nottce to terminate by lessor or Lessee under,Section 6 or 1;
14 above, the Lease shall terminate and be of no further, force or effect. Unless
, 16 otherw9se agreed between the parties. upon termination, whether under Section
6 or 7 above or under Sectlon ll or 12 below, Lessee wi11.De'entitled and
17 obligated to remove the equ9pment., tower and building placed an the•Premises 18 by Lessee.
~9 9. Upon commencement of the lease, real property, leasehold taxes and
20 or exc xes for tha Premises s6a11 be the responsibillty of Lessee.
21 10. Lessee, at its cost, shall maintain publ9c liabiltty and property
22 damage insurance, in an amount not less tha.n One Mi111on ($1,400.000.00)
23 Dollars. Lessee shall name Lessor as an addjtional insured and shatl provide
24 Lessor certification of insurance confirming.same. Neither party shaT1 be
25 liable to the other (or to the other's successors or assigns) for any less of
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• ~ damage caused'by fire or nny of the risks enumerated In a standard fire Dolicy
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wlth an eztended coverage endorsement, and 1n tFie event of insured loss,..
2 -
neither party`s insurance company shall have a subrogated claim against the
3
other.
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li. If a material portion of the Premises or Lessee's improVements
6 thereon are destrcyed or aamaged, Lessee may elect to terminate the Lease
q,4 7 eff ective as of the date of the damage or destruction by notice gSven to
a~p lessor in writing not more than 45 days following such date. In such event,
8 :
9 a11 rights and obligations of the parties shall cease as of the effectlve date
°f terminatton.
10
11
13. : 12. If a condemning authority takes all of the Property. or a portion R
sufficient to render the Premises reasonably unsuitable for the use whith ~
12 _ .
Lessee was then making of the Premises, the Lease shall terminate and be of nai
13 . . ~
1~ further force or effect as of the date the title vests in the condemning
16 authority. Both parties sha'il be entitled to participate In the condemnatlan ;
16 proceedings, and any award granted,by the condemning authority.shall be eppflr-
tioned between the parties elther (a) as.expressly provided In the award, or
1?
(b) if no such express provision is made in the award, then as their i.nterests
18 .
may appear.
19
13. If suit or actSon ts.instltuted in connection with any controversy
20
21 arising out of this.Lease, the prevalling party sha11 be entitled to racover,
22 in addition to costs,.such sum as the court may adjudge reasonable as attarney
93 fees, 1ncluding fees upon appeal of any judgment or, ruling.• '
. 24
• 25
26 Antenna Site Lease
Page.'Si x
6/13/85
, , ' „
04/30/96 14:17 FAS 206 389 5234 CELLULAR ONE 0009>012
SENT"BY~Xerox'Telecopi.er 7020 -:,9- 8-89 : 9=27AM : 2068,2_H6624206 283 8918 J915
Y . . , . '
, • l~ .
l ~I 14. Any notice requjred`or permitted under this Leese sha71 be given
2 when actually delivered, or 48 hours after deposited in the United•States mail
- 3 as certlfied mail, addressed to the addresses as.specified below or as from
4 tjme to time changed by.either di the parties jn writing.
5 Leasor: CITY OF AUBURN, IdASHIA6TQN
~ 25 West Main I
Ca b Auburn WA 98001 - '
~ y Lessee: It+RERSTATE MQBILEPHONE COMFANY '
201. Elliott Avenue West
im 8 Suite 220
Seattle WA 99119
9 15. If this Lease terminates at a time other than the end of the spe-
. 10
cified rental perfods, then the rent shall be prorated as of the date of ter-
11 minatton, and in the even.t of termination for reasons other than defau7t of
12
Lessee, a]1 prepeid rent sha11 be refunded to Lessee or paid on,its account.
13 16. This l.ease shall run with th.e Property described in Exhibit "A".
This Lease shall be binding upon and inure to the benefit of the parti es and
_ 16 their respectSve successors and assigns. Any successor to lessee arising:as a
16 :
result of withdrawals of existing partners. admissions of new partners, trans'-
. 17 fers of interests of partners, or tncorporation of the Lessee shall tre deemed
lB the Lessee hereunder for all purposes of this Lease (inc'luding this sentence).
19
20 pATED this 21st_ day of Auaust , 1985. . .
21 , •
22 ,
23 .
24
25
.
Z 6 Antenna Site Lease page Sev.en ,
~ 8/13/85 .
. ,
~ -
04/30/96 14:17 FAS 206 389 5234 CELLULAR ONE 9010/012
SENT'BY:XeroxTelecoFier 7020 ~,9- 8-89.; 9:28AM ~ - 20687JU662-4206 2833 8979 #16 . , . • ; .
. . j~ . '
)
• Lessor_ Lessee:
1 CITY OF AUBU ►rIASNIN6T INTERSTATE MOBILEPHONE COMPANY
2
By' By:~IT CA . HAt1 , re J t
3 ~ ayor 4 ATTEST:
5 G
LE Mc . ty e
6 -
~
~ 7 STATE OF WASHINGTON •
iss '
8 COUNTY OF KIKG ) • ~ 9 On this 9 1,aj*4 day of COs_t , 1985. before me, the under-
~ signed, a Notnry pub'f1c in an o the Me o ashington* personally.
10 appeared 608 ROEGNER and CORALEE McCONNEHEY, Lo me known to.be t Mnyor and
City Clerk, respectlvely, of the CI7Y OF AUBURN, WASHINGTON, th t oration
- ~11 t}a,t executed the foregoing instrument, and acknowledged the saic~~ %ent
to be the free and voluntary act and deed of said corporatlon, for t~~ ~2 and purposes therein. mentioned, and vn aath stateQ.that they are-authorire Y
execute the said instrument.
7.3 IN 4lITNESS {~HEREOF, I have hereunto s my hand end affixed~ i~y..off~iciat f:
seal on the date hereinabove set forth. ' .
14 .
. ,
, 16 UBL-YIW an or t e
f Washington, , . lding et
16 STATE OF WASHINGTON)
)ss
17 COUN'fY OF KING
18 On this~ day of . 1985, t3e.fo're.me , the under=
s9gned, a Notary ~u6fic 9n and or e ~taa of Washington, duly commissloned
3.9 and sworn, personally appeared.DOUGLAS B. HAUFF, to.me known to be the
President cf INTERSTATE MOBILEPHUNE COMPAhY, the partnershSp that executed the
20 foregoing instrument, and acknowledged the safid in5trument to.be the free and•
voluntary act and deed of said partrlership for the uses and purposes thereig
21 mentioned, and.on oath stated that he was authorized by the partners of sajrd
partnership to execute the said instrument. ~r
22 IN WITNESS WHEREOF, I h&ve hefeunto set My hand anQ afftxed my offlcjal
seal on the date hereinabove set forth.
23 - •
• -
24 or e ta e
, o Washi on. res .ding at
25 .
Antenna Site Lease .
. 26 Page _Ei ght of E1 ght
9/13/BS -
04/30/96 14:17 FA%.206 389 5234 CELLULe1R ONE 9O11/012SEN7, BY,~Xerox i e I ecopier 1020 j•.9- 8-89 ~ 9:28AM : . 206@'" 9662-206 283 6979 Al~.17
'r . . ' . ~
- EXHIBiT A
DESCRIPTION: . The Northeast 1/4 of the Southwest 1/4 of gection 11, Township 21
North, R.ange 4 Ee,st W.M.; ,
EXCEPT the West 663 feet of the North 663 Peet of the South 693
ci feet thereof; :
~ AND EXCEPT the South. 30 feet thereof conveyed to the City of
,
~
.3~ Auburh for South 316th Street, by instrument recorded under.
~ Recording No. 8503210885 es provided by Resolution No. 1565 of the City of Auburn;
ll3
~ Situate in the City of Auburn, Courtty of King, State of Washtngton.
•
04/30/96 14:18 FAiC 206 389 5234 CELLULAR ONE Q012/012
~E~ ;~18
IT BY.:Xerox Telecoaier 7020 ' ,5- 8-89.; 5-29AM ~ 206F".`~9662-206 283 8979
EXHIBIT B
COMMENCINC3 AT THE SOUTHFAS'C CORNER OF THE WEST 663.0
FEET OF 'THE NORTH 663.0 FEET OF THE SOUTH 693.0 FEET OF
THE NORTHEAST ONE RUARTER Op THE SOUTHWESM4 THENCE TER
OF SECTION 11, TOWNSHIP 21 NOATH, RANGE 4 E.W. .
NORTH 00 251.35" EAST ALONG THE BAS'r LINE OF SAID PARCEL
279.00 FEET; THENCE SOUTH 890 34' 25" EAST 40.00 FEET TD THE .
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH B90 34' 2511..
EAST 60.00 FEET; THENCE SOUTH 00
TH2513 EN 'CE NOA'TH ~ F25E 3S'TFA T L
N O R T H 890 341 2 5" W E S T 80.00 F B E T i
~ 75.00 FEET TO TIiE TRUE YOINT OF BEGINNING.
~
~ CONTAINING 6,000 SQUARE FE£T MOR.E OR LEBS.
~
~
~ EXHIHIT C
ACCE99 AND UTILITY EASEMENT
. CO111iMENCINa AT THE SOUTHEA3T CORNER OF THE WEST 663.0 FEfiT
OF THE NQRTH 689.0 FEET OF THE 30U.TH 693.0 FEET OF THE r'ORTH- .
FAST ONE QUARTER dF TFiB SOUTHWE$T ONE QUARTER OF SECTION 11,
TOWNSHIP 21 NORTH RANGB 4 E.W.M- THENCE NORTH 0.0 2513,511 EAST
' ALONG THE EA3T LINE bF sAID pARCE TRUE PO N'C OF BEG NNINa; MAR.GIN OF 30UTH 316TH STREET AND THE .
THBNCE CONTINUING NORTIi 00 2513511 EAST 249.00 FEET;THENCE
SOUTH 890 341 2511 BA9T 40.00 FEET; THENCE SOUTH 00 25' 35" WEST
75.00 FBET; TAENCE 80UTH 890 3412511 BAST 80.00 FEET; THENCE ,
30UTH 0° 25' 35" WBST 47.00 FEET; THENCS NORTH 68° 3412511 WF-ST
80.00 FEET; THENCE SOUTH 00 2513511 WEST 40.00 FEET{ THENCE 90UTH.
480 00' 00" EAST 50.00;FEET; THENCE SOUTH 230 30: 00" EXS'T 33.60
FEET MORE OR LESS TO THE NORTH MARGIN OF .SAID 30UTH. 316TH .
STREET; TflENCE SOUTH 880 39' 09" WEST ALONC3 SAID NORTH MARa1N. 103.52 TO THE TRUE POINT OF HEQINNINa. _
CONTAININ(3 16,155 SQUARE FEET MORE OR LESS. . FILED for Reaord at t~4qAt.%t
. . . Adarest
.
~
05/09/96 13:54 FA% 206 389 5234 ' CELLULAR ONE 0 002/003
. • l~-~C~(C% /
. ~
CHARLES A. BOOTH; MAYOR - ENGINEFWNG DIYISION
Frank A.. Currie, Directoc of Public Works ZS` West Main, Auburn WA 98001-495
Deanis R_ Dowdy, City Engineer _ (206) 931-3010
.
may 9, 1996
AY & T Wirrless s«vices
P.O. Bax 9159
.
Seattle, WA 98109
a4ttic M. GaYle Ntendoa Pacelegat Real Estatc
Re: Auburn Site Leasc Dated August, 21 1985 New facities
Dear A4s. N'iendoff
We have revicwed your proposed Work arith Mr: Bob Drew. The review effort includes two
proposals as fiollows:
1. NPCS projecx per drawing Ex}ubit A eaclosed. a No new tower, building suuhce =porovcMetlt. etc• recluired. The work is
proposed to add alttachflnent(s) to ttie adstiqg tower.
' 2. ONIINI ! Dish project per drawing Exhibit B enclo9ed.
a. No new tower, buflding, muface improvement, eta required. The work is
PrOPosed to add attac.bment(s) to tbe adsting tower.aad place one 3'
diam~r dish on the eidstang building roof.
We find no petwt sssm for proposal #'s 1 and Z above are required Erom the City of Auburn.
We have received s copy of written con=pandence from Hatfield & Dawson dated Feb. 8, 1996,
ia yow beW copy encDo9ed, that vva4 intended to assum the Gtity thae sxe no 3mown impacts to
the heahh aad .welfane of t6e sutoundifig PoPulation- Hoaever, the conespondence does not
accomplish the need, aad in fact states Each siu wnfiguation should be examined to assurc
~
. .
%
,
05/09/96 13:54 FA% 206 389 5234 CfiLLULAR ONE f~ 003/003
• ~ ' M Gaple N'u~do~ff . . . ~
AT & T Wi:eiess Seivic=
MaY.9. 1996
Fage a bf 2
We would propose the foIIowiag;
"Yn AT&?'s best knowledge and belK the proposed modificadons in proposal #'s 1 and
2 above are not deRtimmtal to the health aad welfare ofthe xnrounding populatio,q and in
fact, would be
tqpicaIly e~emPt 5rom Oposune ccncerns from such site modifications ef `
tocated within ICiag or f ob".
by Av.~uon- -P. Witek
tide;System De elopment Manager
dSte: 1996
_
ThervCore, upon the City of Aubum receiving a copy of this letter, with AT&? signature on the
above ParagraPk we. the Ciiy of Aubvrn, heceby acknowledge and consent for you to co~
the proposed work ~
Aclanowledged and Conseatod w by, B~. ` B
Y=
Its• G~ 7-tL ~ . ; ~
On another issue, the City has uutiated an appraisal update, and expaxs to have those resuhs
vi►ithin appro~amately 60 days: We wil forward you the repoa for your revieav and considetation
at dw time. Plea9e conmct 11kch j,eget at 804-5070 shwuld you havc questions on this appraisal
issue.
Sir~ely,
P,F.
Utilities Eng~neer
Department of Public Work9
DI.E'/ND'JGd
cc: L3►m Rued, Asst. Pbming Director
Mtch I.egel, Eng ProPecty Acqtnsition Manager
~oclosure~
REF. RAENGIlIMR~F.96T96-460
AU BU RN BASE S3TAT:ION S3!S02
~
EX-M
EXISTING CELLULAR
DIRECTIONAL ANTENNAS
eAM snunn eAW suvaN
we awarQ ~ ~
9 940.1125 MHz 901.1125 MHz
to 940.1250 MHz 901.12so urz EXISTING MICORWAVE • -
11 940.1375 MHz 801.1375 MHz
2-NEW NPCS
12 940.1500 MHz so1.1FlHz
13940.1625 MHz so1.1DIRECTIONAL ANTENNAS
14 940.1750 MHz 901.1.
15 940.1875 MHz 801.18~ FREQUENCIES I
~
~
~
I
' STEEL MONOPOLE ~
150
I
~
I
. ~
I
~
, 41' I
4. 28.
1' 9-3/4" I
~
10
~ I
~
I , I
EQUIPMENT SHELTER ~
I I
i I 6' HIGH CHAIN
N j j LINK FENCE '
~ . . I
I I
L»-.-._. .----------J
18'
OVERALL SITE PLAN OVERALL SITE PLAN
AT&T _ MESSAGING DIVISION REY: A DATE: 4/26/96 AUBURN BASE STATION SS02
' 110 t 10TH AVE N.E FlLE NAME: SS02EL SHEET: 1 OF 1
Wsreless e~su~ Aoo98004 SITE PL4N/ELEVATION
SeMC@S oRAWN BY: KK sca.E: wrs
. SUN 12:01 FA% 206 990 4200 AT&T 9003
. '
AUBURN BASE STATION SS0.2
A
D(ISTING CELLULAR
DIRECTIONAL ANTENNAS
eAK sunat+ ew su►nm
aA awoa TRANSW R0mm '
FF4oUE?Cr ~oouo+~r
9 940s11,2S MHz 901_.1125 MHz -W~~
' aKNI . l S~
946.1250 Mtz 961Azso MHz EXt5T1fVG MICORWAVE
11 040.1373 AfMz 901.1373:WHz
12 940.1 soo Mmftz 901.1500 rmm 2-NfW NPCS ta e40.1e25 MHz sot.»s MHz DIRECTIONAL ANT'ENNAS
14 940.1780 MHz 901.1750 YHs ~
15 940.1873 MHz 901.1875 AIMi ~
FREQUENCIES ~
~
~
~
. 150' STEEL MONOPOLE ~
I
~
10 ~
!
,
41'
4' 28' I
1' 9-3 4' I
TIO
- ~ ~ .
m ~ EQUIPMENT SHELTER I
. ~
I . I
6' HIGH C
LINK
I I,
Z rt v ~s~► .
,
- sowH~cr,~ I~-
18,
OVERALL SITE PLAN OVERALL SlTE PLAN
AT&T MESSAGING OMSION REV: A DATE: 4/26/96
»o - 11QTH AVE N.E. AUBURN BA.SE STATION 5502 FILE NAME SSOZEL SHEEF: 1 OF 1
Wr@less e~~ ,,,~00Q8004 SITE PLAN/ELEVATION
SP•NICeS . DRAWN BY: KK SCALE: NTS -
is: 37 FA,b 206 389 5294 CELLLiLAR ONE ~9002/002
.
. ~ . . .
~ , . HATFiELD & DAwsoN ,
)wwz B. lL.trir.t.u. PE CONSULTTNGII.ECTRIUAI- IINGtNEERS _ Truiraw+e
BnaAemg F. DwUsou Iti. PE 4226 SDLTt! AVE. N.w. (20~ '~83-0231
7$8ms M. E-. PE SEATIIE. WASHDdGTON 9KI 07 F%etn~ e
(106) 789=9834
• .
NAU[. W: isoKW. Pt _
L:.S. C~rs FS+yLOd Mav~eY L. H~Tra~: PE
S~rrmz? S. Locxaooc. PE Cor+sut.'twxr
Bax 1316
_ Auc= 3xWos. M' 5950
` fIUSTRAI3A
February 8,1996
PAr. Vem Perryman
RF Engineer
A787 Wireless Services 617 Eastlake Ave. E.
Seattle. WA 98109
RE: Effects of the Addioon of 940 MHz Paging Senrice to Cetl Sites on SeaWe and King County NIER
Ord'rriance. .
Exparrsions fn exosting aommunication sites forthe City of Seattle are exempt,ed iE the off-site field levels
Increase less that 10 percent of the exMng field levels (Seattle Code 25.10.400). For lQng County '
modifir,atioris are allowed. up to an mcrease of 30 percent of the'transmission equipmeriY' if it does not
exceed the exposure tim',ts (King County Code 21A.26,140).
For the standand configur-abon at ATBTs cell sites this sheuld be no problem. For an omnidirectionaC. ceil
slte using a D6810 antenna wlth Nventy 100 watt ERP transmitters at 870 MHz the addiflon of an
omniditectional paging.facitity also usin8 a DB810 antenna 100 rratt paging transmftter at 940 MHz
would increase the grourtd level expasure by oi 4.6 °•6, Foc a secborized cell site using an ALP 9212-N
antenna with twenty 100 v+ratt ERP transmhtets at 870 MHz the addition of an omnldirectional paging
faaTdy using a D8810 antenna 100 watt paging tcansmitter at 940 MHz v+rould change the.ground level
exposure by 12 °b. As thesepaglrg ceUs" would be attempting to ptovlde the equrvatent coveWe of
the ceA sites tiese examples should be represeMative for most situations. Each site configuration should
be examined to assure that it is exempted from the governing ordirranee. A good tvle of thumb for this
k the ratlo of the ERP of the paging equipment to the ERP of the ceilular equlpment If thfs ratio is less
than 1Q 96 in nearly all cased the modiricafion should be exempt.
The ground level flelds af this type of site are typically well below 1°b of the lGng Counry and Seattle
Standards. A change of less lhan 5°b is not significant and is exempted frbm both of the ordinances.
Sincerely, . •
L O CKlp,
p
w ~
Stephen S. Lockwood, P.E. - . . N . ' . .
i Exowes wi1 96