HomeMy WebLinkAboutVerizon WirelessVeMOnwireless
FED EX OVERNIGHT MAIL DELIVERY
September 12. 2014
Ron Tiedeman
Innovation & Technology
City of Auburn
25 West Main Street
Auburn, WA 98092
Re: SEA I ARVEY / FULMER PARK
Greetings:
Verizon Wireless
3245 158" Ave SE, MS 231
Bellevue, WA 98008
Attached please find your originals of the Fulmer Park Site Lease Agreement, fully executed by Verizon
Wireless on September 1 I, 2014.
If you have any questions, I may be reached at 425 -603 -8275.
Sincerely,
Lclah Vaga,
Real Estate Specialist
Northwest Real Estate Group
Network Operations & Engineering
FULMER PARK SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ( "Lease ") is by and between the City of Auburn, a
municipal corporation under the existing laws of the State of Washington, having a mailing
address of 25 West Main, Auburn, WA 98001 ( "Landlord ") and Seattle SMSA Limited Partnership
d /b /a Verizon Wireless, ( "Tenant ").
1. Lease Agreement. Landlord hereby leases to Tenant the property (the "Property ")
generally. described and depicted in Exhibit A. attached hereto and incorporated by reference
( "Lease Area "), including space on Landlord's facilities located on the Property said Lease Area,
Antenna Facility (as hereinafter defined), and Tower Space (as hereinafter defined), and all
rights -of -way for access and utilities shall collectively be referred herein as the "Premises ". The
Lease shall not preclude Landlord from granting a similar lease, right, license, franchise, etc., to
other carriers or other persons for telecommunications or any other purpose at the Premises, so
long as the subsequent agreement protects Tenant's rights granted by this Lease.
2. Term. This Lease shall commence on the first day of the month following the full
execution hereof ( "Commencement Date "), and run for a period of five (5) years, terminating at
midnight on the fifth anniversary of Commencement Date ( "Initial Term ").
3. Tenant's Use of the Premises - Antenna Facilities.
(a) Tenant's use of the Premises shall be strictly limited to those uses set forth in this Section
3. Tenant may use the Premises for the transmission and reception of radio communication
signals and for the construction, installation, operation, maintenance, repair, removal or
replacement of related facilities necessary for the operation of a telecommunications facility as
well as for access and utilities. Tenant may place its ground based telecommunications
equipment only within the portion of the Premises identified as "Fenced Lease Area" shown in
Exhibit A.
(b) Tenant shall have the right, at its expense, to erect and maintain on the Premises,
improvements, personal property and facilities necessary to operate its communications system,
including, radio transmitting and receiving antennas, and related cables and conduits, equipment
shelters and /or cabinets and related cables and utility lines and a location based system,
including coaxial cable, base units and other associated equipment as such location based
system may be permitted by any county, state or federal agency /department (collectively, the
"Antenna Facility "). Tenant shall have the right to alter, replace, and expand within the confines
of the Premises as defined in Section 1 and without interference to other providers / tenants,
enhance and upgrade the Antenna Facilities at any time during the term of this Lease, provided
that Tenant obtains a city building permit and notices the city prior to installing upon the Premises
additional communication equipment not referenced in the original permit. Tenant shall cause all
construction to occur lien -free and in compliance with all applicable laws and ordinances.
Landlord acknowledges that it shall not interfere with any aspects of construction, including,
attempting to direct construction personnel as to the location of or method of installation of the
Antenna Facilities. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant
shall have the right to remove the Antenna Facilities at any time during and upon the expiration or
termination of this Lease.
(c) Tenant shall, at Tenant's expense, keep and maintain the Lease Area and Antenna
Facilities now or hereafter located on the Premises in commercially reasonable condition and
repair during the term of this Lease. Tenant may install and maintain landscape plantings within
the Lease Area. Tenant shall replace any existing landscape plantings damaged during the
installation or operation of Tenant's Antenna Facilities. Upon termination or expiration of this
Lease, the Lease Area shall be returned to Landlord in good, usable condition, normal wear and
tear and loss due to casualty or other causes beyond Tenant's control excepted, within ninety
(90) days.
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(d) In addition to using the Lease Area, Tenant may utilize the Property to install and use
underground conduits running from the nearest utility service connection to the facilities.
(e) Tenant shall have the right to install utilities, power and telephone, at Tenant's expense,
and to improve the present utilities on the Premises (including, but not limited to, the installation
of emergency power generators). Landlord agrees to cooperate with Tenant in its reasonable
efforts to acquire necessary utility service. Tenant shall, wherever necessary, install separate
meters for utilities used on the Premises by Tenant. Landlord shall diligently correct any
variation, interruption or failure of utility service within Landlord's control.
4. Rent.
(a) Tenant shall pay Landlord, as rent, $ 68,423.00 for the Initial Term. Rent for the Initial Term
shall be paid to City of Auburn Parks Capital Fund, Account Number 321 at Landlord's address
specified in Section 13 below within 45 days of the Commencement Date. The annual rent for the
sixth (6") year of the Lease term shall be $ 14,856.72. Rent for each year thereafter shall be equal
to 103% of the annual rental payable with respect to the immediately preceding year. If this Lease
is terminated by Landlord for any reason (other than default by Tenant), rent shall be prorated as of
the date of termination and all pre -paid or excess rent shall be refunded to Tenant within 60 days.
(b) In addition to the monetary amount described in section 4 (a), if applicable, Tenant shall
directly pay the state Department of Revenue Tenant's Leasehold Excise Tax obligation,
calculated at the statutory rate. Within ninety (90) days of the Due Date, Tenant shall confirm by
letter, a copy of which Tenant shall send to the Department of Revenue, that Tenant will directly
pay the Leasehold Excise Tax to the state. If at any time the Department of Revenue no longer
accepts direct payment, Tenant shall pay the tax to Auburn with its Rent payment.
(c) Any payments received after the date they are due shall include a late payment penalty of
two percent of the amount due for each day or part thereof past the due date.
5. Renewal. This Lease shall automatically be extended for five (5) additional five (5) year
terms (each a "Renewal Term ") unless Tenant terminates it at the end of the then - current term by
giving Landlord written notice of the intent to terminate at least six (6) months prior to the end of the
then - current term. Following the expiration of the first Renewal Term, Landlord may during any
subsequent Renewal Term, notify Tenant in writing of Landlord's intention not to renew this Lease
for the next Renewal Term at least 18 months prior to the expiration of the then - current Renewal
Term.
6. Interference. Tenant and Landlord shall not operate in a manner which interferes with the
other party's operations on the Premises. Tenant's Antenna Facilities, as well as additional and
upgraded equipment, and the use thereof shall not interfere with the use of any other
communication or similar equipment of any kind and nature owned or operated by Landlord. If an
interference analysis (intermodulation study) conducted by Tenant establishes that the Landlord's
equipment is causing interference with the operation of Tenant's facilities, the City shall take
measures to eliminate the interference within a reasonable amount of time Landlord agrees to
exercise reasonable care to assure equipment of subsequent providers leasing space on the
Property does not interfere with Tenant's Antenna Facilities operations. The Landlord, however,
is not in any way responsible or liable for any interference with Tenant's use of the Property,
which may be caused by the use and operation of any other tenant's equipment, even if caused
by new technology, so long as such equipment continues to operate within its existing
frequencies and in compliance with all applicable laws and FCC rules and regulations. In the
event there is interference between Tenant and any third party, such interference will be resolved
by and between the parties affected; however, if such interference cannot be resolved to Tenant's
satisfaction within forty -eight (48) hours from commencement of such interference, then the
parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the
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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 Landlord and restore the Property to its original condition..
7. Access.
(a) Tenant shall have 24- hours -a -day, 7- days -a -week access to the Lease Area ( "Access ") at
all times during the Initial Term of this Lease and any Renewal Term, except during times access
would interfere with Landlords scheduled events occurring on the athletic field that the Antenna
Facilities are located. In the event Landlord, its employees or agents unreasonably deny Access
to Tenant, its employees or agents, Tenant shall, without waiving any other rights that it may have
at law or in equity, deduct from Rent amounts due under this Lease an amount equal to fifty and
no /100 dollars per day for each day that Access is impeded or denied. Access to Landlord
facilities beyond the Lease Area, require 48 hours' notice to the Auburn Parks department.
(b) Tenant shall provide Landlord 24- hours -a -day, 7 days -a -week access to the Lease Area
( "Access ") at all times during the Initial Term of this Lease and any Renewal Term. Granted
access shall include a means to enter the security fence at all times. In the event Tenant, its
employees or agents unreasonably denies access to Landlord, its employees or agents, Landlord
shall, without waiving any other rights that it may have at law or in equity, add to Rent an amount
equal to fifty and no /100 dollars per day for each day that access is denied.
8. 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 Landlord if Tenant fails to cure a default for
payment of amounts due under this Lease.
(b) immediately if Tenant 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 the Antenna Facilities or Tenant's business;
(c) upon one - hundred and twenty (120) days' written notice by Tenant if the Premises are, or
become unacceptable under Tenant's design or engineering specifications for its Antenna
Facilities or the communications system to which the Antenna Facilities belong,
(d) immediately upon written notice by Tenant if the Lease Area or the Antenna Facilities are
destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely
affect the effective use of the Antenna Facilities. In such event, the Tenant shall be entitled to
terminate and remove their equipment and rent shall cease upon full removal and repair of
premises or
(e) at the time title to the Property transfers to a condemning authority, pursuant to a taking of
all or a portion of the Property sufficient in Tenant's determination to render the Premises
unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own
separate awards with respect to such taking.
(f) Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of
Landlord's responsibility to provide its services._provided Landlord provides Tenant written notice
eighteen (18) months in advance of Landlord's need. Upon Tenant's receipt of written notice,
Tenant and Landlord may review alternate sites locations for its Antenna Facilities. Such
alternative locations may be on the Property or other properties owned or managed by Landlord.
Landlord shall evaluate such alternatives and advise Tenant in writing if one or more of the
alternatives is suitable to accommodate Tenant's Antenna Facilities. To be a suitable alternative
location, such location will not unreasonably result in any interruption of the communications service
of Tenant on Landlord's Property, nor will it impair, or in any manner alter, the quality of
communications service provided by Tenant on and from Landlord's owned or managed properties.
Tenant shall submit additional relevant information to assist the Landlord in making such evaluation.
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Landlord shall give each alternative location proposed by Tenant full and fair consideration, within a
reasonable time so as to allow for the relocation work to be performed in a timely manner. If, in
Tenant's reasonable judgment, no suitable alternative location can be found, Tenant shall remove its
Antenna Facilities as otherwise provided in this Section 3 (c) of this Lease. If an alternative location
for Tenant's Antenna Facilities is found, Landlord and Tenant agree to enter into a new Lease
Agreement with the same terms and conditions of this Lease.
(g) If, during the term of this Lease there is a determination made pursuant to an official
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 Tenant poses a human health hazard which cannot be remediated, then (a)
Tenant shall immediately cease all operations of the Antenna Facilities, and (b) the Lease shall
terminate as of the date of Tenants removal of equipment and repairs the property to similar
condition.. If Landlord determines that this Lease must be terminated, then Landlord reserves
rights of unilateral termination and will do so by providing Tenant with a six (6) month written
notice.
9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and
without waiving any other rights granted to it at law or in equity, each party shall have the right,
but not the obligation, to terminate this Lease on written notice pursuant to Section 13 hereof, to
take effect immediately, if the other party (i) fails to perform any covenant for a period of thirty
(30) days after receipt of written notice thereof to cure or (ii) commits a material breach of this
Lease and fails to diligently pursue such cure to its completion after sixty (60) days' written notice
to the defaulting party. .
10. Taxes. Landlord shall pay when due all real property taxes or other fees and
assessments for the Property, including the Lease Area. In the event that Landlord fails to pay
any such real property taxes or other fees and assessments, Tenant shall have the right, but not
the obligation, to pay such owed amounts and deduct them from Rent amounts due under this
Lease. Notwithstanding the foregoing, Tenant shall pay any personal property tax, State
leasehold tax, excise tax, real property tax or any other tax or fee which are directly attributable to
the presence or installation of Tenant's Antenna Facilities, only for so long as this Lease has not
expired of its own terms or is not terminated by either party. Landlord hereby grants to Tenant
the right to challenge, whether in a Court, Administrative Proceeding, or other venue, on behalf of
Landlord and /or Tenant, any personal property or real property tax assessments. State leasehold
tax or excise tax that may affect Tenant. If Landlord receives notice of any personal property or
real property tax assessment, State leasehold tax or excise tax against the Landlord, which may
affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely
notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such
assessment. Further. Landlord shall provide to Tenant any and all documentation associated
with the assessment and shall execute any and all documents reasonably necessary to effectuate
the intent of this Section.
11. Indemnification.
(a) Each party shall defend, indemnify, and hold harmless the other, its officers, officials,
employees and volunteers from and against any and all claims, suits, actions, or liabilities for
injury or death of any person, or for loss or damage to property, which arises out of the use of the
Premises or Property, except to the extent such injury or damage is due to or caused by the
negligence or willful misconduct of the other party.
(b) Should a court of competent jurisdiction determine that this Lease is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Tenant and the
Landlord, its officers, officials, employees and volunteers, the Landlord's liability hereunder shall
be only to the extent of the Landlord's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Tenant's waiver of immunity
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under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall survive
the expiration or termination of this Lease.
(c) Landlord and Tenant waive all rights against each other, (and any of their Subcontractors,
Sub - subcontractors, agents and employees), for damages caused by fire or other perils to the
extent covered by Builders Risk insurance or other property insurance obtained pursuant to the
Insurance Requirements Section of this Lease or other property insurance applicable to the work.
The policies shall provide such waivers by endorsement or otherwise.
12. Insurance.
The Tenant shall procure and maintain for the duration of the Lease, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Tenant, its agents, representatives, or employees.
(a) Minimum Scope of Insurance. Tenant shall obtain insurance of the types described
below:
(1) Automobile Liability insurance covering all owned, non - owned, hired, and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
(2) Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, independent tenants, products -
completed operations, stop gap liability, and personal injury and advertising injury and liability
assumed under an insured contract. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion, collapse, or
underground property damage. The Landlord shall be named as an additional insured under the
Tenant's Commercial General Liability insurance policy with respect to the work performed for the
Landlord using ISO Additional Insured Endorsement or its substantial equivalent and Additional
Insured - Completed Operations endorsement or substitute endorsements providing equivalent
coverage.
(3) Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
(b) Minimum Amounts of Insurance. Tenant shall maintain the following insurance limits:
(1) Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 combined single limit per accident.
(2) Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
(c) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
The Tenant's insurance coverage shall be primary insurance as respects the Landlord.
Any insurance, self- insurance, or insurance pool coverage maintained by the Landlord shall be in
excess of the Tenant's insurance and shall not contribute with it.
(d) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
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(e) Verification of Coverage. The Tenant shall furnish the Landlord with original certificates
and a copy of additional insured endorsement, evidencing the insurance requirements before
commencement of the work.
(f) Subcontractors. The Tenant shall include all subcontractors shall furnish separate
certificates and endorsements for each subcontractors. All coverage's for subcontractors shall be
subject to substantially the same insurance requirements as stated herein for the Tenant.
(g) No Limitation. Tenant's maintenance of insurance as required by the Lease shall not be
construed to limit the liability of the Tenant to the coverage provided by such insurance, or
otherwise limit the Landlord's recourse to any remedy available at law or in equity.
13. Notices. All notices, requests, demands and other communications shall be in writing
and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon
receipt if personally delivered or sent by next - business -day delivery via a nationally recognized
overnight courier to the addresses set forth below. Landlord or Tenant may from time to time
designate any other address for this purpose by providing written notice to the other party.
If to Tenant, to:
Seattle SMSA Limited Partnership d /b /a Verizon Wireless
180 Washington Valley Road
Bedminster NJ 07921
Attn: Network Real Estate
If to Landlord, to: With a copy to:
Innovation & Technology Dept. City Attorney
25 West Main St. City of Auburn
Auburn WA 98092 25 West Main St.
Auburn, WA 98001
14. Quiet Enjoyment Title and Authority. Landlord covenants and warrants to Tenant that (i)
Landlord has full right, power and authority to execute this Lease; (ii) it has good and
unencumbered title to the Premises free and clear of any liens or mortgages, except those
disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises;
and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants,
or the provisions of any mortgage, lease, or other agreement binding on Landlord.
15. Environmental Laws. Landlord represents that it has no knowledge of any substance,
chemical or waste (collectively, "Hazardous Substance ") on the Property that is identified as
hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord
and Tenant shall not introduce or use any Hazardous Substance on the Premises in violation of any
applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
remediation as required by any applicable environmental laws, for all spills or other releases of any
Hazardous Substance not caused in whole or in part by Tenant, that have occurred or which may
occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from
and against any and all administrative and judicial actions and rulings, claims, causes of action,
demands and liability (collectively, "Claims ") including, but not limited to, damages, costs, expenses,
assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnity
may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property
or the migration of any Hazardous Substance to other properties or the release of any Hazardous
Substance into the environment (collectively, "Actions "), that relate to or arise from the indemnitor's
activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from
Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during
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the Initial Term and any Renewal Term of this Lease. The indemnifications in this section
specifically include, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoration work required by any governmental
authority. This Section 15 shall survive the termination or expiration of this Lease.
16. Assignment and Subleasing.
(a) The Tenant may not sublease any portion of the Lease Area, or grant any rights to the
Lease Area to any third parties except as specifically set for in this Lease.
(b) All of the terms and provisions contained herein shall inure to the benefit of and shall be
binding upon the parties hereto and their respective heirs, legal representatives, successors and
assigns. This Lease shall not be assigned by Tenant without the express written consent of
Landlord, which consent shall not 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 Tenant to a parent, subsidiary, or other affiliate of Tenant, or to any successor -in-
interest or entity acquiring fifty -one percent (51 %) or more of Tenant's stock or assets, shall not
be deemed an assignment. Tenant shall give to Landlord thirty (30) days' prior written notice of
any such transfer. Notwithstanding the foregoing, this Lease may be sold, assigned or
transferred by the Tenant without any approval or consent of Landlord (but with written notice to
Landlord) to Tenant's principal, affiliates, subsidiaries of its principal or to any entity which
acquires all or substantially all of Tenant's assets in the market defined by the Federal
Communications Commission in which the Property is located by reason of a merger, acquisition
or other business reorganization, provided that the assignee agrees to assume all of Tenant's
obligations under this Lease.
(c) Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in
this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any
mortgagees or holders of security interests, including their successors or assigns (collectively
"Mortgagees "), provided such Mortgagees agree to be bound by the terms and provisions of this
Lease. In such event, Landlord shall execute such consent to leasehold financing as may
reasonably be required by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees
simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default
as Tenant or to remove any property of Tenant or Mortgagees located on the Lease Area, except
that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the
default notice, as provided in Section 9 of this Lease. All such notices to Mortgagees shall be sent to
Mortgagees at the address specified by Tenant. Failure by Landlord to give Mortgagees such notice
shall not diminish Landlord's rights against Tenant, but shall preserve all rights of Mortgagees to cure
any default and to remove any property of Tenant or Mortgagees located on the Lease Area,
17. Removal of Antenna Facilities /Holdover. The Antenna Facilities are and shall remain the
property of the Tenant and upon the expiration or earlier termination of this Lease, Tenant shall,
at Tenant's sole cost and expense, and within ninety (90) days of written notice from the City,
remove the Antenna Facilities and restore the Premises to its original condition, normal wear and
tear and loss due to casualty or other causes beyond Tenant's control excluded. If Tenant shall
remain in possession of the Premises at the expiration of this Lease or any Renewal Term
without a written agreement, such tenancy shall be deemed a month -to -month tenancy under the
same terms and conditions of this Lease.
18. Tower Replacement.
(a) Landlord currently owns a light pole at the Property. Following the Commencement Date,
Tenant shall remove the existing light pole at its cost and expense and construct a new tower (the
"Tower") at the Property, as depicted on Exhibit "A" attached hereto and made a part hereof. Prior
to commencement of construction of the Tower, Tenant shall provide plans for the Tower for
Landlord's reasonable approval. Notwithstanding the foregoing, Tenant acknowledges that
Landlord must submit the Tower's design through a permitting process and that Landlord may
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require additional information from Tenant and/or may reasonably condition its approval based
upon such permitting process. Tenant will construct the Tower and reinstall Landlord's light bank
on the Tower. Upon Landlord's satisfactory inspection of the Tower. Tenant will execute and
deliver to Landlord a Bill of Sale transferring all of Tenant's right, title and interest in and to the
Tower to Landlord, at no cost to Landlord. Landlord shall accept with Tower in its then - current
condition, however, Tenant shall assign any tower manufacturer's warranty (if applicable) to
Landlord.
(b) Following Tenant's transfer of the Tower to Landlord, Landlord shall lease to the Tenant a
portion of that certain space (the "Tower Space ") on the Tower to install antennas as shown on
Exhibit "A" and related radio equipment and appurtenances described in Exhibit "A" attached hereto
and made a part hereof. Subject to Landlord's prior approval, such approval not to be
unreasonably withheld, conditioned or delayed, Tenant reserves the right to replace the
aforementioned equipment with similar and comparable equipment provided said replacement does
not (i) increase the total number of antennas and /or lines of coaxial cable or (ii) significantly
increase the structural and /or wind loading of said Tower. From and after the Commencement
Date, the term "Premises" as used herein shall collectively refer to the Lease Area, Antenna
Facilities and the Tower Space.
(c) Subject to (i) available Tower structural capacity and (ii) the provisions of Section E
herein, Landlord shall be permitted, at Landlord's sole cost, to install equipment on the Tower.
Landlord shall have the sole obligation to maintain both the Tower and its equipment.
19. Miscellaneous.
(a) The substantially prevailing party in any litigation, including any arbitration to which the
parties shall submit, arising hereunder shall be entitled to its reasonable attorneys' fees and court
costs, including appeals, if any.
(b) This Lease constitutes the entire agreement and understanding of the parties, and
supersedes all offers, negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Lease must be in writing
and executed by both parties. At such time as the Auburn City Council approves any regulation
affecting telecommunications, Tenant agrees to amend this Lease, as determined by the
Landlord in order to comply with any future ordinance related to telecommunications provided,
however, that in no event shall such regulation (i) materially interfere with or affect Tenant's
operation of its Antenna Facilities, or (ii) increase Tenant's financial obligations under the terms of
this Lease, except as provided herein, or impose some new financial obligations not already
contemplated by this Lease. No amendment, change or modification of this Lease shall be valid,
unless in writing and signed by all parties hereto.
(c) Each party agrees to cooperate with the other in executing any documents (including a
Memorandum of Lease in substantially the form attached hereto as Exhibit A) necessary to
protect its rights or use of the Lease Area. The Memorandum of Lease may be recorded in place
of this Lease by either party. In the event the Property is encumbered by a mortgage or deed of
trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non - disturbance
and attornment agreement for each such mortgage or deed of trust, in a form reasonably
acceptable to Tenant. Tenant may obtain title insurance on its interest in the Lease Area.
(d) This Lease shall be construed in accordance with the laws of the state in which the
Property is located.
(e) If any term of this Lease is found to be void or invalid, such finding shall not affect the
remaining terms of this Lease, which shall continue in full force and effect. The parties agree that
if any provisions are deemed not enforceable, they shall be deemed modified to the extent
necessary to make them enforceable. No provision of this Lease will be deemed waived by either
party unless expressly waived in writing signed by the waiving party. No waiver shall be implied
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by delay or any other act or omission of either party. No waiver by either party of any provision of
this Lease shall be deemed a waiver of such provision with respect to any subsequent matter
relating to such provision.
(f) The persons who have executed this Lease represent and warrant that they are duly
authorized to execute this Lease in their individual or representative capacity as indicated.
(g) This Lease may be executed in any number of counterpart copies, each of which shall be
deemed an original, but all of which together shall constitute a single instrument.
(h) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes.
(i) If Landlord is represented by any broker or any other leasing agent, Landlord is
responsible for all commission fees or other payment to such agent, and agrees to indemnify and
hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If
Tenant is represented by any broker or any other leasing agent, Tenant is responsible for all
commission fee or other payment to such agent, and agrees to indemnify and hold Landlord
harmless from all claims by such broker or anyone claiming through such broker.
0) Lessee's use of the Premises shall be lawful and in compliance with all applicable laws,
orders, ordinances, and regulations of federal, state, county, and municipal authorities and agencies,
including but not limited to the Federal Communications Commission.
20. Headings. The caption and paragraph headings used in this Lease are inserted for
convenience of reference only and are not intended to define, limit or affect the interpretation or
construction of any term or provision hereof.
21. Liens. Except with respect to activities for which Landlord is responsible, Tenant shall
pay as due all claims for work done on, and for services rendered or material furnished to, the
Antenna Facility, and shall keep the Antenna Facility free from all liens.
LANDLORD. City of Auburn
By:
Nancy k , Mayor
Date: 1
TENANT: Seattle SMSA Limited Partnership d /b /a Verizon Wireless
By: Cellco Partnership, its general partner
By:
Print Name. Brian Mecum
Its: Area Vice President Ne ,/
Date:
acknowledgements to follow on next page)
Page 9 of 11
STATE OF w A )
1f, ,I ��l�,���� ) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that NaAC14 PxrrkuS is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and a k �owledged it as the
(XUOY of �ai1� CllrbJYy�
to be the free and voluntary act of such party for th use and purposes mentioned in the
instrument.
Dated: o ptm,12OT,2)1 t)v
6to-- � Da-
Notary Public ss��,, 1 Uw //���
Print Name ` 'I'a (
residing at ✓ w14k-
My commission expires
ASHLEY DAVIS
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 29, 2018
space for notary stam
State of California )
) ss.
County of Orange )
On icmber 1112ag before me, 6aitaA U8ize yz Notary Public,
personally appeared Brian Mecum
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
i
Signature of Notary Public
Page 10 or If
SUSANA BARRUETO
Commission # 2019519
Notary Public - California ZZ
Z Oregge County
My Comm. Expires Apr 13, 2017'
Place Notary Seal Above
1 Y•'��t� .. �.. ,
¢ ',
r � � � . ,.
EXHIBIT A
1. DESCRIPTION OF PROPERTY
The Property is described and /or depicted as follows:
Fulmer Park - 1109 51h Street NE, Auburn, WA 98001 (see attached property legal
description)
2. DESCRIPTION OF LEASE AREA
See attached site construction drawings at Exhibit A -1
See Exhibit B: Hearing Examiner Findings of Fact
Page I I of I I -
The land in the County of King, State of Washington, described as follows:
SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST., W.M. IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, SAID PORTION BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; -
THENCE NORTH 87 040'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 749.39 FEET; ,
THENCE SOUTH 10 010'00" WEST A DISTANCE OF 30.73 FEET TO THE NORTHWEST CORNER OF PARCEL
B AS DEPICTED IN RECORD OF SURVEY RECORDED IN VOLUME 173 OF SURVEYS AT PAGES 55
THROUGH 57, INCLUSIVE, UNDER RECORDING NUMBER 2004061700005, RECORDS OF KING COUNTY,
WASHINGTON; -
THENCE NORTH 87 040'00 EAST ALONG THE NORTH LINE OF SAID PARCEL B PROJECTED A DISTANCE
OF 69.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL C OF SAID RECORD OF SURVEY;
THENCE SOUTH 13°45'52" WEST ALONG THE EASTERLY LINE OF SAID PARCEL C A DISTANCE OF
556.93 FEET; ..
THENCE NORTH 87 022'21" EAST A DISTANCE OF 109.35 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 87 022'21 ". EAST A DISTANCE OF 11.71 FEET TO THE WEST LINE OF
PARCEL D OF SAID RECORD OF SURVEY;
THENCE NORTH 04 010'00 EAST ALONG SAID WEST LINE A DISTANCE OF 4.99 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL D;
THENCE NORTH 87 037'57" EAST ALONG THE NORTH LINE OF SAID PARCEL D A DISTANCE OF 180.16
FEET TO THE NORTHEAST CORNER OF SAID PARCEL D;
THENCE SOUTH 02 035'27" EAST ALONG THE EAST LINE OF SAID PARCEL D A DISTANCE OF 100 FEET
TO THE NORTH LINE OF PARCEL E OF SAID RECORD OF SURVEY;
THENCE NORTH 87 037'57" EAST ALONG SAID NORTH LINE A DISTANCE OF 226.37 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL E;
THENCE SOUTH 00 049'08" WEST ALONG THE EAST LINE OF SAID PARCEL E A DISTANCE OF 356.48
FEET TO THE NORTH MARGIN OF 5TH STREET NE AS CONVEYED IN DEED RECORDED UNDER
RECORDING NUMBER 7304030432, AND THE SOUTHEAST CORNER OF SAID PARCEL E;
THENCE SOUTH 87 031'47" WEST ALONG SAID NORTH MARGIN A DISTANCE OF 567.00 FEET TO AN
ANGLE POINT IN THE SOUTH LINE OF SAID PARCEL E;
THENCE SOUTH 00 049'08" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL E A DISTANCE OF
10.02 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID PARCEL E;
THENCE SOUTH 87 031'47" WEST ALONG SAID SOUTH LINE A DISTANCE OF 32.46 FEET TO AN ANGLE
POINT IN THE SOUTH LINE OF SAID PARCEL E;
THENCE NORTH 15 021'48" EAST ALONG THE WESTERLY LINE OF SAID PARCEL E A DISTANCE OF
254.55 FEET;
THENCE LEAVING SAID WESTERLY LINE NORTH 36 006'18" EAST A DISTANCE OF 140.64 FEET;
THENCE NORTH IS 039'22" EAST A DISTANCE OF 1 15.07 FEET TO THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS LOT 3 OF BOUNDARY LINE ADJUSTMENT NO. 05 -0013 RECORDED ON APRIL 24," 2006
AS RECORDING NUMBER 20060424900015, IN THE OFFICIAL RECORDS OF KING COUNTY,
WASHINGTON.
SHEETINDEX
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BE'FORETHE IHEARING EXAMINER FOR TIIF. CITY OF AUIIURN
Phil Olbrechts, Hearing Examiner
RE: Verizon Wireless LLC
FINDINGS OF FACT, CONCLUSIONS
Conditional Use Permit OF LAW, AND DECISION
CUP 14 -0003
INTRODUCTION
The applicant has applied for a conditional use permit for a Wireless Cc ill n Lill ication
Facility (WCF) that will replace an existing light standard at a City owned athletic Field
at 1 109 5" St. NE. The conditional use permit is approved suhject to conditions.
ORAL TESTIMONY
David Jones, Auburn planner, summarized the slalTrcport. Liz Carrasquero, on behalf
of the applicant, stated she supported the staff recommendation.
EXHIBITS
All six exhibits identified at page 10 of the May 27, 2014 staff report are admitted into
the record,
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Verizon Wireless, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at
5:30 p.nt. at Auburn City Hall in the Council Chambers on June 18, 2014.
Substantive:
3. Site /Proposal Description. The applicant has applied for a conditional use
permit for a Wireless Communication Facility (WCF) that will replace an existing light
standard at a City owned athletic field at 1109 5" St. NE. Specifically, the WCF will
replace an existing 54.18 -foot taillight standard with a 67.73 -foot tall collocated pole
standard as well as a 15 -foot by 40 -foot (600 square foot) ground equipment area
screened with an 8 -foot CMU masonry fence. The replacement collocated pole
Conditional Use P. I Findings, Conclusions and Decision
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standard will house a WCF, City telecommunication equipment, and athletic field
lighting on a site located in the I, Institutional zone.
4. Characteristics of the Area. The area is surrounded by a mixture of uses
and different zoning designations. Uses include a church, open space, office space and
single family residences.
5. Adverse Impacts. There are no adverse impacts associated with the project.
As shown in the aerial photograph, the only proximate occupied structure is a church
located to the northwest. Beyond this there are no single - family homes located closer
than a few hundred feet, the rest of the are uses are composed of the City athletic field
and open space. Further, the proposed WCF will only exceed the height of the
currently existing light standard by about 14 feet. As noted in the staff report, the
proposal will comply with all landscaping and setback requirements and ground
equipment will be screened with a sight obscuring fence. For these reasons, no
significant view or aesthetic impacts are anticipated. The proposal is compatible with
surrounding uses in character, design and appearance. The facility will not be staffed,
so no significant impact to public services or infrastructure is anticipated.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner, Both ACC 14.03.030(G) and 18,64.020(A)
grant the Hearing Examiner with the authority to review and issue final decisions on
conditional use permits applications.
Substantive:
2. Zoning Designation. Institutional and Residential Office.
3, Review Criteria and Application. A conditional use permit is required
because the applicant proposes to increase the height of the existing light standard by
25 %. ACC 18.04.912 and ACC 18.31,100(K) authorize a WCF to increase the height
of an existing light standard by 20 -30% with a conditional use permit. The proposed
WCF will increase the height of the light standard from 54.18 feet to 67.73 feet, an
increase of 25 %.
ACC 18.64.040(A): The use will have no more adverse effect on the health, safety or
comfort of persons living or working in the area and will be no more injurious,
economically or otherwise, to property or improvements in the surrounding area than
would any use generally permitted in the district.
Conditional Use
p. 2 Findings, Conclusions and Decision
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4. As determined in Finding of Fact No.5, there are no significant adverse impacts
associated with the project. Given that the facility only serves to replace a structure
that is relatively tall and that the facility will largely be surrounded by recreational and
open space, the proposal is fully compatible with surrounding uses. The criterion is
satisfied.
ACC 18.64.040(B): The proposal is in accordance with the goals, policies and
objectives of the Comprehensive Plan,
5. The project is consistent with applicable comprehensive plan policies as
discussed at page 6 -7 of the staff report, which is incorporated by this reference as if
set forth in Rd
ACC 18.64.040(C): The proposal complies with all requirements of this title.
6, The project is consistent with applicable zoning code requirements, as discussed at
page 7 -8 of the staff report, which is incorporated by this reference as if set forth in
full.
However, it is highly questionable whether the proposal complies with the City's
nonconforming use provisions. The existing light standard is nonconforming because
it exceeds the 45 foot height limit of the I zone. ACC 18.54.060 authorizes ordinary
maintenance and repair of nonconforming structures. Repairs and structural alterations
are only authorized to the extent that they do not exceed 50% of the value'of the
property. The only type of structure that can be completely replaced under ACC
18.54.060 is a single - family home, For this proposal the applicant proposes a 100%
replacement of the light standard. Since this issue was not raised during the hearing,
deference will be given to staff's determination that the complete replacement of a
nonconforming light standard is consistent with ACC 18.54.060. Deference is also
granted because the applicant could likely retain the existing light standard to reach its
objective, but with a significant amount of added expense and potentially even added
aesthetic impact that would otherwise be entirely unnecessary. However, should this
issue arise again staff should be prepared to explain how- ACC 18.54.060 can be
interpreted to authorize a complete replacement of a nonconforming light standard.
ACC 18.64.040(D): The proposal can be constructed and maintained so as to be
harmonious and appropriate in design, character and appearance with the existing or
intended character of the general vicinii)v.
7. As determined in FOP No. 5, the project is fully compatible with adjoining
properties, which includes design, character and appearance. The criterion is met.
ACC 18.64.040(0): The proposal will not adversely affect the public infrastructure.
Conditional Use p. 3 Findings, Conclusions and Decision
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S. As determined in Finding of Fact No. 5, the project is served by adequate
infrastructure.
ACC 18.64.040(F): The proposal will not cause or create a public nuisance.
9. As discussed in Finding of Fact No. 5, there are no adverse impacts
associated with the project. No nuisance is anticipated.
DECISION
Based upon the application and Findings of Fact and Conclusions of Law, the
conditional use permit is approved, subject to the following conditions:
1. The approval of the Conditional Use Permit is subject to the approval and any
conditions of approval therein, of the associated Special Exception request (VAR14-
0006).
2. The lease agreement between the City of Auburn and Verizon, LLC is approved
and signed by Verizon, LLC, the Mayor of Auburn, and Auburn City Council.
3. Prior to the issuance of any permits, the final height and collocation for City
telecommunications equipment shall be agreed upon and documented.
4. Applicant shall submit and get approval of the appropriate level Stormwater
Permit. It is anticipated that the project as proposed would likely require a Level 1, but
could trigger a Level 2 depending on the amount of earthwork required. The
Stormwater permit shall include a Stormwater Pollution Prevention Plan, a storm site
plan -detailing the proposed erosion control methods to be implemented during
construction as well as depict all proposed impervious surface areas to be constructed.
5. If fuel is stored on -site for the generator, the Applicant shall provide details for spill
prevention and pollution source control with the Stormwater Permit.
6. Project is located in a known Seismic Hazard Area. As such, a Gcotechnical Report
and a Foundational Soils Report is required to be.submitted as part of any building
permit application,
7. Prior to issuance of building permits, the plans for the proposed WCF and
equipment installation shall be reviewed and approved by the Planning Director or
designee to ensure consistency with the application materials and decision on the
Special Exception approved by the Hearing Examiner.
8. To reduce or avoid aesthetic impacts and comply with ACC 18.31.I001,
'Aesthetics', at the time of building permit application, the Applicant shall provide
color or material samples or other methods (such as photographic simulations, etc.) to
Conditional Use
p, 4 Findings, Conclusions and Decision
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ensure that not only the tower extension, but that other equipment attached to the tower
is manufactured in a color or coated in a color, (such as paint) as similar as possible, to
the existing light standards on the project site. The submittal shall be reviewed and
approved by the Planning Director or designee.
9. The Applicant will need to submit for a separate building permit for the
construction of the 8 -foot tall CMU masonry fence.
10. The ground equipment masonry fence shall be landscaped on the north, east, and
west sides. The south side of the enclosure does not need to be landscaped as it
provides access to the facility.
11. All proposed security lighting shall be shielded directed in a downward angle and
situated to remain within the boundaries of the facility so as to not create a visual
disturbance to adjacent properties.
12. ]'he facility is located in Groundwater Protection Zone 1, and will require a.
mitigation and monitoring plan as detailed in ACC 16,10.120(E) and ACC 16.10.130.
Dated this 2nd day of July, 2014
PhOlbrcchts
City of Auburn Hearing Examiner
Appeal Right and Valuation Notices
is decision is final subject to appeal to superior court as governed by Chapter 36.
ffected property owners may request a change in valuation for property tax
>twithstanding any program of revaluation.
Conditional Use
P. 5 Findings, Conclusions and Decision
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RECEIVE
JUL 02_ 20114
t:ITY OF AUBURN
BEFORE TI4E HEIARING EXAMINER FOR THE,
Phil Olbrechts, Hearing Examiner
RE: Verizon Wireless
FINDINGS OF FACT, CONCLUSIONS
Special Exception OF LAW AND DECISION
VAR 14 -0006
INTRODUCTION
The applicant has applied for a special exception to authorize a 25% height.increasc
from 54.18 feet to 67.73 feet for an existing nonconforming light pole standard at a
City owned athletic field located at 1109 5 "' Street NE in order to accommodate a
Wireless Communication Facility (WCF). The special exception is approved subject
to conditions.
ORAL TESTIMONY
David Jones, Auburn planner, summarized the staff report. Liz Can-asquero, on
behalf of the applicant, stated she supported the stafYrecomntendation.
T X H113ITS
All nine exhibits identified at page 12 of the May 8, 2014 staff report are admitted
into the record.
FINDINGS OF FACT
Procedural:
I. Applicant. The applicant is Verizon Wireless, LLC.
2. Hearin The Hearing Examiner conducted a hearing on the application at
5:30 pun, at Auburn City Hall in the Council Chambers on June 18, 2014.
Substantive:
3. Site /Pro osal Description. The applicant has applied for a special
exception to authorize a 25% height increase to an existing light pole standard at a
City owned athletic field located at 1109 5 "' Street NE in order to accommodate a
Wireless Communication Facility (WCF). Specifically, the N'CF will replace an
existing 54.18 -foot taillieht standard with a 67.73 -foot tall collocated pole standard as
Special Exception p. 1 Findings, Conclusion and Decision
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well as a 15 -foot by 40 -Foot (600 square foot) ground equipment area screened with
an 8 -foot CMU masonry fence. The replacement collocated pole standard will house
a WCF, City telecommunication equipment, and athletic Geld lighting on a site
located in the 1, Institutional zone. The existing light standard is a nonconforming
use, as the height limit for the I zone is 45 feet.
4. Characteristics of the Area. The area is surrounded by a mixture of uses
and different zoning designations. Uses include a church, open space, office space
and single family residences.
5. Adverse Impacts. There are no adverse impacts associated with the
proposed increase in height. As shown in the aerial photograph, Ex. 3, the only
proximate occupied structure is a church located to the northwest. Beyond this there
are no single - family homes located closer than a few hundred feet and the rest of the
uses are composed of the City athletic Geld and open space. Further, the proposed
WCF will only exceed the height of the currently existing light standard by about 14
feet. The staff report recommended conditions of approval, adopted by this decision,
also require color compatibility. For these reasons, no significant view or aesthetic
impacts are anticipated. The proposal is compatible with surrounding uses in
character, design and appearance. The facility will not be staffed, so no significant
impact to public.services or infrastructure is anticipated. The conditions of approval
also require engineering structural review in order to ensure structural stability.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. Both ACC 14.03.030(D) and
18.70.020(A) grant the Hearing Examiner with the authority to review and issue final
decisions on special exceptions.
Substantive:
2. Zoning Designation. Institutional and Residential Office.
3. Review Criteria and Application. As noted in Finding of Fact No. 3, the existing
use and structure are legally non - conforming. ACC 18.70.020(A)(3) provides that the
Hearing Examiner may grant a special exception to allow expansion of a non-
conforming non - residential structure up to 25 %, provided that expansion meets the
applicable standards of Tide 18 and other requirements by the City and is consistent
with previously authorized permits. The staff report notes that there are no prior
permits associated with the subject property, so only the special exception criteria are
at issue. ACC 18.70.020(B) defines the criteria for approval of a special exception.
Special Fxception p. 2 Findings, Conclusion and Decision
2
3
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6
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All applicable codes are quoted below and applied by the corresponding Conclusions
of Law.
ACC 18.70.020(B) Special Exceptions:
In considering applications for special exceptions, the hearing examiner shall
consider the nature and condition of all adjacent uses and structures, and no such
special exception shall be authorized by the hearing examiner unless the hearing
examiner finds that the authorizing of such special exception will not be materially
detrimental to the public welfare or injurious to property in the zone or vicinity in
which the property is located, and that the authorization of such special exception
will be consistent with the spirit and purpose of this title. In authorizing a special
exception, the hearing examiner may impose such requirements and conditions with
respect to location, installation, construction, maintenance and operation and extent
of open spaces in addition: to those expressly set forth in this title as may be deemed
necessary for the protection of other properties in the zone or vicinity and the public
interest.
5. The criterion is met. As determined in Finding of Fact No. 5, the
proposal will not create any significant impacts and is compatible with surrounding
uses. Building permit review and a condition of this decision requiring structural
review will ensure that the proposal is structurally sound. The proposal is consistent
with the intent of the zoning code for the reasons outlined at pages 10 -11 of the staff
report, adopted and incorporated in full by this reference.
DECISION
The special exception is approved subject to the following conditions:
1. The collocated replacement pole standard shall not exceed 67.73 feet in
height.
2. Prior to the issuance of building permits, the plans for the
proposed WCF tower extension and equipment installation shall be
reviewed and approved by the Planning Director or designee to ensure
consistency with the application materials and decision on the Special
Exception approved by the Hearing Examiner.
3. A structural evaluation is required for City review prior to authorization
of the building permit. A licensed design professional shall perform
an analysis to determine the structural integrity of the proposed
collocated pole, the number of new and existing antennas on the
existing tower and all other additions. The analysis shall determine that the
Special Exception p. 3 Findings, Conclusion and Decision
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to
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tower and its foundation shall be sufficient to support all imposed loads of
the new antennas, the field lighting as well as the increase in pole height.
This also applies to any other equipment attached to the tower. The
submittal shall be reviewed and approved with the building permit.
4. Compatible color is required of the tower and tower mounted equipment.
To reduce or avoid aesthetic impacts and comply with ACC 18.31.100.F,
'Aesthetics', at the time of building permit application, the Applicant shall
provide color or material samples or other methods (such as photographic
simulations, etc.) to ensure that not only the tower extension, but that other
equipment attached to the tower is manufactured in a color or coated in a
color, (such as paint) as similar as possible, to the existing black light
standards on the project site. The submittal shall be reviewed and approved
by the Planning Director or designee.
5. The collocated pole standard shall be subject to all of the Conditions of
Approval with the associated Conditional Use Permit, City File# CUP14-
0003.
Dated this 2nd day of July, 2014.
-i;hir A. Plbrochis
City of Auburn Hearing Examiner
Appeal Right and Valuation Notices
19 This decision is final subject to appeal to superior court as governed by Chapter 36,700
20 llitcw.
21 1 Affected properly owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
22
23
24
25
Special Exception
p. 4 Findings, Conclusion and Decision
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