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13-105507CITY OF �. Federal Way December 16, 2013 Mr. Barbara Chaney Telco Pacific Barbara,ch.aney@t,.Mgbil.com Federal Way, WA CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com FILE Re File #13-105507-00-AD. RESPONSE TO REQUEST Panther Lake T-Mobile on BPA9 33200 Block of 1" Avenue South Dear Ms. Chaney: The Cormn unity and Economic Development Department has reviewed your request to make some modifications to the support equipment for your wireless facility site at the location above. These additions ar d replacement components are considered exempt from the requirement -to, obtain land use approval per Federal Way Revised Code (FWR(.) 19,255.010(3)(g). You will need to obtain dri Llectrical permit for certairj-C-umponents of this work. Please contact the Permit e=:ter at '_i3-835-260? p or er€r�itcenter @ e t�'tiffeaeial►�lx con - Ler: _ Please feel free to contact me if you have any questions. I can be reached at: 253-835-2643, or Isaac.cart!e:ic,-r�cityoffeclera1way Wai33. Sincerely., Isaac C.onlcn Planning Nlanager c: :�trvt l4: _i d, Parke ar1C Facilities Manager 0 Isaac Conlen From: Chaney, Barbara <Barbara.Chaney5@T-Mobile.com> Sent: Friday, December 06, 2013 9:58 AM To: Isaac Conlen Cc: Camp, Holly Subject: FW: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA - Need City of Federal Way Approval Attachments: SE04799A PANTHER LAKE-BPA - Net Mod LL Approved CDs 11-21-13.pdf Good Morning Isaac, Steve Ikerd said he had previously reached out to you regarding T-Mobile's proposed site modification, asking if we'd need a permit. He has already approved the work from his end, see below email chain. Can you please let me know if the City will require further approval for this change request? We are not making any changes to the antennas whatsoever, and just switching out existing equipment with like equipment. Please see the attached site plans already approved by BPA, and here is our Scope of Work: T-MOBILE PROPOSES TO ADD (12) 01PLEXER S WiTH FASTING TWOBILE EQUIPMENT AT (aROUND L EL -L, REMOVE E)(ISTING (12) Ti A AND REPLACE IMTH NEW 6 TirAN STYLE 4 TM% EXISTING �24) COAX FEEDERS AND EXISTING (6) T-MOBILE ANTENNAS TO REMAIN- 24) i OTAL CABLES ROUTE UP iC':•: �R. Add I homerun cable per sector. MW dish to remain. Thank you so very much! -Ear bars Chaney Project Manager Contracted through TelcoPacific for ?-T... Mobile- " US Cell: 206.310.0477 Email: Barbara.ChaneyS(@T-Mobile.com From: Steve Ikerd mailto:Steve.lkerd cit offederalwa .com) Sent: Thursday, November 14, 2013 11:53 AM To: Chaney, Barbara Subject: RE: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA - Need City of Federal Way Approval Isaac.Conlen cit offederalwa .com From: Chaney, Barbara [maiito:Barbara.Chane 5 T-Mobile.com] Sent: Thursday, November 14, 2013 9:56 AM To: Steve Ikerd Cc: Loeffelbein, Sheila Subject: RE: T-Mobile Request for Sipe Modification to Site SE04799A Panther Lakc-BPA - Need City of Federal Way Approval Much appreciated 1 1 can ask directly if that's better for you, if you'd like to pass along who you have asked..? Thank you for the approval re the Parks property, but yes we will definitely wait to hear if a Permit will be required. Sheila also needs to meet with you or someone else regarding the Transformer installation that's required by BPA, so I'll let her jump in here to discuss that piece. O r Cal Project Manager Contracted through TelcoPacific for #T... Mobile-,Y, USA Cell: 206.310,0477 Email: Barbara.Chaney5@T-Mobile.com From: Steve Ikerd [mailto:Steve.lkerd cit offederalwa .com] Sent: Thursday, November 14, 2013 9:53 AM To: Chaney, Barbara Cc: Loeffelbein, Sheila Subject: RE: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA - Need City of Federal Way Approval Sorry I have been swamped and trying to get our Community Development Department to respond. Parks who has responsibility with the property itself is ok with the upgrade, I was trying to get CD to weigh in. I asked again this morning and they need more time to review to know if permitting is required?. From: Chaney, Barbara [mailto:Barbara .Chane 5 T-Mobfle.com] Sent: Tuesday, November 12, 2013 2:17 PM To: Steve Ikerd Cc: Loeffelbein, Sheila Subject: RE: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA - Need City of Federal Way Approval Hello Mr. Ikerd, Have you had a chance to review the information I sent to you, and if yes do you have any questions or comments? Looking forward to hearing from you. Regards, Barbara Chaney Project Manager Contracted through TelcoPacific for-T... Mobile- CkDUS, Cell: 206.310.0477 Email: Barbara.Chaney5@T-Mobile.corn From: Chaney, Barbara Sent: Tuesday, October 22, 2013 10:15 AM To:'steve.ikerd@cityoffederalway.com' Cc: Loeffelbein, Sheila Subject: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA - Need City of Federal Way Approval Good Morning Mr. Ikerd, Thank you for your time on the phone this morning, I appreciate it! As discussed, T-Mobile would like to request the City of Federal Way's Consent for modification to the existing site located at 1100 S. 324th Street, Federal Way, WA. Our equipment is located on the BPA Tower. Please see the attached request for consent letter for signature and the site design and if you need anything else for your review, please let me know. Scope of work: T-M-OBILE PROPOSES TO ADD (12) ❑IPLEXERS 1rnTH EXISTING T-MOBILE EOUiPMENT AT GROUND LEVEL. RE'401JE EXISTING f12 TMA AND REPLACE VATH NE,V 6 _R6. N STYLE 4 TMA_ EXISTING (24) COAX FEEDERS AND (EXISTING (6) T-MOBILE i+NTE.NN -3 TO REMAIN. (24) TC'-n L CABLES RC Ji-E UP TO :ER- dd 1 homerun cable per sector, Mtloi' dish to remain. I'm also cc'ing our Construction Manager Sheila Loeffelbein because she will need to contact you regarding the second part of our request —the addition of a PSE dedicated Transformer, which is a BPA safety requirement. She has been working with BPA and PSE and has their approval —we just need the City's. @ Sheila, Steve's phone number is 253-835-6911 Thank you so much and again if there are any questions, please let us know! T-3arbara Chaney �� ..�,.� Project Manager Contracted through Telco Pacific for -T... I tsj.7.jje-" USA Cell: 206.310.0477 Email: Barbara.Chaney50T-Mobile.com ■ C.) 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A Ol al F IMF 1r y¢ P a a_ z jr � ��cQiS5n •4 �~ NNN �p _ A in f f-Q 4m P c ■OG nnh 00 Q OI Of � Q LU ip7 � I�IVI � U Z z J w times x z \w w z 5- 50 RH �w 'ieoxa g)g m _mm3s„oA20 3 m� aE-j S mLj � EoIe fn z\2n > I IU L]%9F 3 �l aR w Z � a = Y 1 w °3 F 1 z In _ Ln m> ! �' w 3 Pr ! }• ¢ r 6.P ON0089— 661-1 \11'+Prod 1.990i0t\311G0rv-3\—S 1130\0—G\0 wo -L - L-'9i -• ii Isaac Conlen From: Steve Ikerd Sent: Tuesday, November 12, 2013 2:39 PM To: Isaac Conlen Subject: FW: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA -Need City of Federal Way Approval Any one reviewing in CD or do they need a formal submittal to CD? From: Chaney, Barbara mailto:Barbara.Chane 5 T-Mobile.com] Sent: Tuesday, November 12, 2013 2:17 PM To: Steve Ikerd Cc: Loeffelbein, Sheila Subject: RE: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA - Need City of Federal Way Approval Hello Mr. Ikerd, Have you had a chance to review the information I sent to you, and if yes do you have any questions or comments? Looking forward to hearing from you. Regards, Barbara Chan:: Project Manager Contracted through Telco Pacific for -T... Mobile-` I A Cell: 206.310.0477 Email: Barbara.Chaney5@T-Mobile.com From: Chaney, Barbara Sent: Tuesday, October 22, 2013 10:15 AM To:'steve.ikerd@cityoffederalway.com' Cc: Loeffelbein, Sheila Subject: T-Mobile Request for Site Modification to Site SE04799A Panther Lake-BPA - Need City of Federal Way Approval Good Morning Mr. Ikerd, Thank you for your time on the phone this morning, I appreciate it! As discussed, T-Mobile would like to request the City of Federal Way's Consent for modification to the existing site located at 1100 S. 324th Street, Federal Way, WA. Our equipment is located on the BPA Tower. Please see the attached request for consent letter for signature and the site design and if you need anything else for your review, please let me know. Scope of work: T40OSILE PROPOSES TO ADD (12),.,wPLEXERS WITH EXISTING T-%,1.0GI_C EOUII=PENT AT GROUND L =—v:I... FiEWDVE EXISTING (12) TMA AND REPLACE WTH NEW 6 T)OAN STYLE 4 TMA. EXISTING (24) COAX ED_=�S AND EXISTING (6) T-i' OBIL.E ANTENNAS TO REMAIN- (24) TOTAL CABLES RC J T E UP Add 1 homerun cable per sectors MW dish to remain. I'm also cc'ing our Construction Manager Sheila Loeffelbein because she will need to contact you regarding the second part of our request —the addition of a PSE dedicated Transformer, which is a BPA safety requirement. She has been working with BPA and PSE and has their approval — we just need the City's. O Sheila, Steve's phone number is 253-835-6911 Thank you so much and again if there are any questions, please let us know! Barbara Chaney Project Manager Contracted through TelcoPacific for-T... Mobi e-" USA Cell: 206.310.0477 Email: Barbara.Chaney5@T-Mobile.com 2 lI n� rrYYY �.r October 22, 2013 The City of Federal Way Attn: Steve Ikerd Re: Acknowledgment and Consent Letter for Modification of Communication Facilities Site: SE04799A Panther Lake/BPA Dear Sir: T-Mobile West LLC, successor in interest to Western PCS III Corporation, ("Tenant") and City of Federal Way ("Landlord") entered into a Site Lease Agreement (the "Lease") on November 3, 1998, for a site located at 1100 South 32411 Street, Federal Way, Washington (the "Premises"), to install telecommunication equipment as defined therein (the "Communication Facilities") on the Premises. T-Mobile is currently working with Bonneville Power Administration for their approval, as well. Under Section 5 of the Lease, Tenant may update or replace the equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color or shape of height that the existing facilities and that any change in their location on the Premises is approved in writing by the City which approval shall not be unreasonably withheld and which shall be pursuant to lawful authority. In order to mollify the Communication Facilities, Tenant needs to replace the existing Tower Mounted Amplifiers (TMAs) with TMAs of the same size as part of a routine maintenance project, and install cables up the sides of the BPA tower. Udder the terms of this acknowledgment and consent letter (the "Acknowledgment and Consent Letter"), Tenant hereby requests Landlord's approval to replace the existing equipment noted above on the Premises and Communication Facilities. Should you have any questions, please contact Barbara Chaney at (206) 310-0477 or by email to Barbara.Clianey5@t-mobile.com. If you accept the terms of this Acknowledgment and Consent Letter, please sign and date the acknowledgment below and return to my attention via email, US mail in the provided return envelope, or by fax below. We thank you for your cooperation in this matter. Email: Barbara.clianey5@t-rnobile.com Fax: (425) 398-7699 Acknowledged, Accepted and Agreed: Landlord: Date: Sincerely; Maria Emig Market Development Manager T-Mobile West LLC SITE LEASE AGREEMENT THIS LEASE is entered into this 3rd day of November, 1998, by and between the CITY OF FEDERAL WAY, WASHINGTON, a municipal corporation (hereinafter "City") and WESTERN PCS III CORPORATION, a Delaware corporation, with its principal office located at 3650 —1315` Ave. S.E., Bellevue, WA 98006 (hereinafter "Tenant"). City isthe owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air -space above the Premises as described below for the installation and operation of certain equipment which include requisite antennas, connecting cables and one (1) equipment cabinet to be used by Tenant and appurtenances (collectively, "Equipment") for use in connection with its operation of telephony wireless communications service more specifically identified as personal communications service ("PCS"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non- exclusive basis, a portion of the Premises as legally described in attached Exhibit A, together with necessary space and rights for access ' and utilities, described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C. Tenant may not add Equipment in addition to that shown on Exhibit C other than as may be approved in writing by the City, which approval may be withheld pursuant only to lawful authority in the City's sole and absolute discretion and nothing shall constitute a waiver of Tenant's rights under applicable law. 2. Term. This Lease shall be five (5) years and shall commence on the date of execution by the City (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5d') anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) -months before the end of the current five (5) year term. The City may refuse to renew (i) in .the event of breach of the Lease during the preceding term, or .(ii) if the fair market rental, as determined by an independent appraiser jointly. selected and paid for by the City and Tenant, is 20% more than what would otherwise be due by the Tenant hereunder; provided that the City gives 60 days notice to Tenant and MA.I real estate appraisal methods are followed. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. During the first five. (5) year term Tenant shall pay to the City rental fees. in the amount of $900.00 per month, due on the 5th day of each month (in addition to the deposit of $900.00 from Tenant to City to ensure performance but not as a limitation of Tenant's liability herein). The deposit shall be held by the City without liability for interest. Rent shall be -1- EXHIBIT A Legal Description The property is legally described as follows: THOSE PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 262.50 FEET WIDE, THE SOUTHEASTERLY LINE OF WHICH IS THE NORTHWESTERLY LINE OF WEST CAMPUS OFFICE PARK DIV. 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 97 OF PLATS, PAGES 55-58, IN KING COUNTY, WASHINGTON AND THE PROLONGATIONS THEREOF. EXCEPT THEREFROM THAT PORTION LYING WITHIN IsT WAY SOUTH, 100 FEET WIDE AS CONVEYED TO KING COUNTY UNDER AUDITOR'S FILE NO.7306070524 AND 7402270419, ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO KING COUNTY WATER DISTRICT NO. 124, BY DEED RECORDED UNDER RECORDING NO.7412180380, AS PARCEL A, (WELL SITE #1C), RECORDS OF KING COUNTY, WASHINGTON. A-1 EXHIBIT B Site Location Within the Premises PROPERTY LINE N 89' 42' 45' W / REFER M SHEET c-2 FOR ENLARGED SITE PLAN op 41 \ BASE TRANSMM STATION SLAB ON ODNCRETE sue / ON / / LNAS MOUNTED [EJ 127• POWER / / uTIICE TOWER pw. s svcT �• \ \f 101, i ' C.7' EXHIBIT C Site Plan ncludin Laeation of ui meet goxlSlzed C-1