03-104777 (2),--1
A��
CITY OF CITY HALL
Federal Way
Feder 1 st Way South • -9 Box 9718
Federal Way, WA 98063-9718
(253) 661-4000
www.cityoffederalway.com
November 17, 2003
-I EMr. Alex Perlman �w
Pacific Telecom Services
425 Pontius Avenue North, Suite 202
Seattle, WA 98109
Re: File No: 03-104777-000-00-UP; PROCESS I APPROVAL
AT&T Wireless Enchanted Parkway; 1741 South 3561h Street, Federal Way
Dear Mr. Perlman:
On October 20, 2003, the City of Federal Way's Department of Community Development
Services received your Use Process I application to make minor modifications to an existing
Personal Wireless Service Facility (PWSF), previously approved under File No: 02-101654-00-
UP.
The City has completed review of the proposal submitted October 20, 2003, to make minor
modifications to an existing PWSF (approved under File No: 02-101654-00-UP) located on a
150-foot tall lattice tower at the above referenced location. The Process I application is hereby
approved. The minor modifications involve the addition of two new 51-inch antennas (one per
sector on two existing antenna array), and placement of a new outdoors equipment cabinet on a
new concrete slab on -grade. The proposed equipment cabinet does not displace required
landscaping, and will be screened by existing vegetation.
The site is zoned Community Business (BC). Pursuant to Federal Way City Code (FWCC)
Section 22-762, PWSFs are permitted in this zone, pursuant to Use Process I review. The
proposed minor modifications meet the State Environmental Policy Act exemption criteria
identified in Washington Administrative Code (WAC) 197-11-800(27).
The applicant shall contact the Planning Division of the Department of Community Development
Services for a final inspection of the PWSF. In conjunction with the inspection, the applicant
shall submit an affidavit to the Planning Division that verifies the PWSF has been installed in
accordance with the approved plans for the application. The antennas must be of a non -reflective
color that will be neutral and unobtrusive.
This approval does not exempt the project form other local, state, and federal permit
requirements. Pursuant to FWCC Section 22-972, within six months of issuance of the permit for
the facility, you must submit a project implementation report providing cumulative field
measurements of radio frequency (EMF) per densities of all antennas installed at the site. This
approval is also subject to five- and ten-year permit limitations identified in FWCC Section 22-
974 (enclosed).
Mr. Alex Perlman
Page 2
November 17, 2003
This decision shall not waive compliance with future City of Federal Way codes, policies, and
standards relating to this project site. The effective date of this decision is November 17, 2003.
Pursuant to FWCC Section 22-355, any person who received notice of the decision may appeal
the administrative decision to the Hearing Examiner by December 1, 2003.
In that you -are the only party of record for this application, you may waive your right to appeal.
The City must receive this waiver in writing. If you choose to waive your right to appeal, you
could begin work on the proposal on November 21, 2003, provided you have obtained an
electrical permit for the proposal by that date.
The total cost for this Process I review is $57.50 (one hour at $57.50 per hour). This balance is
subtracted from the $57.50 paid at the time of application, and as such, there are no fees due.
However, an electrical permit is required for this project.
If you have any questions, please call Jane Gamble, Associate Planner, at 253-661-4120.
Sincerely,
AU"
Kathy McClung, Director
Department of Community Development Services
enc: FWCC Section 22-974
Approved Site Plan
c: Jane Gamble, Associate Planner
File 903-104777-000-00-UP - Doc. LD. 25196
PACIFIC TELECOM
S E R V I C E S, L L C
December 3, 2003
Jane Gamble, Associate Planner
POupwr y RECEIVED By
DFlYFLOPMENT DEPARTMENT
DEC 0 5 2003
City of Federal Way, Department of Community Development Services
3530 Is'Way South
PO Box 9718
Federal Way, WA 98063-9718
RE: File No. 03-104777-000-OOUP• Process I a royal for AT&T Wireless Enchanted
Parkwa • 1741 South 356T Street Federal Way.
Dear Ms. Gamble:
In response to our earlier telephone conversation, please find enclosed the property owner
authorization for AT&T Wireless Services (AWS) to conduct upgrades to the AWS
facility at the referenced address. The City's application form is now signed by the
authorized representative of SPRINT, tower owner and master lessee of the site from the
landowner, Russell Lloyd.
Also enclosed please find a redacted copy of Mr. Lloyd's agreement with SPRINT. This
agreement ensures Mr. Lloyd's cooperation in acquiring any required permits. Finally,
enclosed please find a copy of the Sprint/Lloyd agreement allowing AWS to co -locate on
the facility.
Please advise by email or voice mail (206-612-1563) that AWS may commence work on
this project as set forth in the City's letter dated November 17, 2003 to my office.
Thanks for all your help finalizing the land use process for this project.
Regards,
Alex Perlman, JD
Site Acquisition and Zoning Manager
aperhnan@ptswa.com
425 PONTIUS AVE N, #202 SEATTLE, WA 98109 PH 2O6.342.9000 FX 206.903.8513
iV1. I`i LAND I S : APPLICATION
TSEt'.yF't11�`il-U'r C:i}t1\iL';VITYDEVELOPMEWSERVICES
33530 First Way South
:ITY OF "� PO Box 9718
e 1 a Way Federal 9S-771 S
353-6G1-�o00; �O;Fax Fax ?53-6616b1-4I29
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�PPL[CATI(3'� Nfl(S)
Date /020—?-
'roject Named/r� o'.fjl I�J"r✓.Jr�- — -
'roperty AddresslLocation
'arcel Number(s) --- � •�-- l � �
'roject Description`
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp PlamRezone
Land Surface Modification
Lot Line Elimination
iPreapplication Conference
rocess I (Direetar's Approval)
Process II (Site Plan REvieAv)
_ Process III (Project Approval)
I Process IV (Hearing Examiner's Decision)
Process V (Quasi-3udiciai Rezone)
Process VI
—' SEPA ar/Project
SEPA Only
Shoreline. Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
nine Designation
_---,_ _Comprehensive Plan Designation
Valaeof Existing Improvements
Value of Proposed Irnproactnents
Unifortni Building Code (UBG)!
Occupancy Type
Consiruction Type
Applicant
Name:
Address: 2`7;V9 -
Citylsiate:,zQwew
PI one: 2a,&
Fax:.
Sign: yy,,
Signature:0r,l�ir�1r,
Agent (ifdiffercnt than Applicant)
Address:fr
C ity/State;S'{��
Gip: 11PIVO
Phone: 7zl:� Z0fZ
Fax_ 24P& eS'�3 .Cd'1•r-r
Email:
Signature:
Owner ,�Oellovi—
f ame::. Aflf._l.' r i I r[/_ 1 fcrele./,e/7 f1/ytif l'�+i
AddreSS:. f.� �������i
Cilyist3m; i'•�f+f-� - r��+
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Phone:
Fax:
Email:
liu!!�:rin PI f I
Land Use A,'ie.l
kt?3 — M1rr�h 3.7CO3 S(ve, ADel-41)4- s -- Reviscduvt',ster
9-6G'` �L ,, n
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vame I S R►-dO to I-
PCS SiTE AGREEMENT
•-mis4s and Use. Owner tea to Sprint Spectrum LP., a Delaware
partnership.SSLP', Vle site�scsibed below.
-43: 1-7y 1 C. ..v.IV s' i Q='OpJ233",
:w apprupda to box je" ]
:al property tonsuring of approxalety Oaquara
ulding interior space ccm-Along of pppinxim-aRely square feet;
ilding exterior space for attarhme(rt of antennas;
adding exterior Space for pt2cernein I at base station equipment. .
war antenna space;
ace required for cable runs to con ct PCS equipment and antennas,
bcatian(s)
i shown on Exhibit A. togothei with a non-exclusive easement for
enable access thereto and to Iha pmpriate, in the discretion or SSLP,
se of electric and telephone facillbas. The Site well be used by SSLP for
:trpose or Installing. removing, nrplpcing, maintaining and aparating, at As
ise, a personal axrureuri3rillar�s service system facility (`PCS'].
ling, without Ilrrhlbtlon, related ant'
nra rn equiprrt and n+Rures. SSLP Will
ie Site In a manner which will not rim a<sonably disturb the ocurponq of
its other tenants.
arm. The term of this Agree (the 'Initial Term) Ls itv4 years,
venting an the data ("Corrmoncernent Dale') SSLP signs this
:merit. This Agreement *0 be auionsalicaIIy renetwed for !lour addWosnal
i (each a 'Renewal Terml of flv j years each, unless SSLP pnavldc i
it notice of intention not to tone* not kiss thin go days prior to the
Wan of the Initial Tartu or any lie I Term.
not Rent will be paid annu in advance beginning on the
nencement Dale and an each arw4iirsary ofit, Until the earlier of (a) the
which Is 30 days after The lsauan of a building pennii for Instaifelipn of
CS. or (D) the first day of the rrsonIN f commencement of physical
iration of the Site, the rent the Mee or
3wledges. Thereafter the ann ren! will
it years to be prorated. The annual rant for ea etm Ce
nnual rant in effect for the final year of the Initial To rm-mr prior Renewal
• and Quiet Ieosaasetart_ Owner rep n and agrees (e) that N 12
.rner of the Sit., (b) that it has the right to enter into this Agreement;
OR the person Signing this Agroarricni has the Authority to sign; (d) ihal
3 is entitled to access to the Site at Ill times and to the quiet possession
e Site throughout the Initial Term ii nd each renewal Term so long as
x is not In default beyond the axpiriition of any cure period: and (e) that
sr shall not have unsupervised arczxx to the SRO or to the PCS
iment.
ss1gnmentl5ubletting. SSLP will not assign or transfer this Agreement
iblet all or any portion of the Site without the prior written consent of
or. which consent will not be unreasonably withheld, delayed or
itioned:'provided, however. SSLP may assign or sublet without Owners
written consent to any party conlroltin9, controlled by or under common
*cal with SSLP or to any party rvhkJh a�quires 3ubstanGaily ON of the assets
iLP.
otices. Ali notices must be in writing and are effective when deposited In
J.S. toed. cerlifted and postage paid, or when sent via overnight
addresscry, to the address set forth below, or�as otherwise provided by law.
,pprevemenLs. SSLP may, at As expense, matte such improvements on
Site as it deems necessary from Cline to time for the operation of a
imitter sits For wireless mice and data corununications. Owner agrees to
-erale with SSLP with rasped to obla6ing any required toning approvals
is Site and s ements. Up4rr termination of expiration of this
emenl. SSLP*9911ve its ■qu4meni and impmvemants and will
ire the Site to the condition existing aha the Commencement Dale. except
binary wear and tear}} is,ILL.uptr►lf lI TtrC�TZAAjcC ipyA#CAJWPfr
-ompliance with Cairn. Owner represents that Owner's property
uding the Silo). and eel improvements'located thereon. are in substantial
pliance wilh budding. Gfefsafely, diisabirrty and other laws. erodes and
lalions of applicable governmental aulhorilies. SSLP wA substantially
Ply with all appgcabte laws relating to it�r possession and use of the Site.
slerfennce. SSLF will resolve tact older interference problems with other
-ant located at the Site on the Carrirtrence.-nent Data or any equipment
:Ones attaclled to the Site al any future dale when SSLP desires to
additional equipment la the Site. Likewise. Owner vwll not permit the
relation of any future a ui¢rriert which results in technical Interference
earns wish. SSLP's then existing equipmant
Utilities Owner represents that utilities adequate for SSLP's use of the
are avalable. SSLP w:s pay for all W ilfes used by it at the Site. Owner
Site Address 17 �.� 5 . 35(Q rh S r
3
will cooperate with SSLP in SSt.P's efforts to obtain utilities from any london
provided by Owner or the servicing utility.
LOAr WA • 9> b&3 11. Termination.
to C)Wner Without
SSLP may terminate this Agreement at any Irma by naiic4
Farther liability I SSLP does not obtain all peones or ottrer
approvais (collectively. 'approval'] required ham any governmental autharity
or any easements required from any third party to operate the PCS system, or
if any such approval is canceled. expires or Is withdrawn or terminated, or if
Owner fart+ 10 have proper ownership of the Site or authority to enter into this
ther Agmement. or if SSLP. for any oreaso{t. in its sale disrsetlan. d4lermines
that it will be unable to use the She for As. purpose. Upon ie+'maihatian,
all prepaid rent shay be retained by Owner_
II DehuiL If either party is in derauh under this Agreemant for a period of
(a) 10 days following receipt or notice from the non-defaurang party with
respect to a default which may be cured solely by the payment atmoney, or
(b) 30 days following receipt of natice frown the non-defauittrrg party with
respect to a default whirli may not be runed solely by the payn rt of money,
then. in either event, the non-dehulting party may pursue any nernedles
available to it against ttm defaulting party under applicable law. Including. but
net lirnited to, the right to terrrnlnate this AgreenvnL U the nan-monoUry
default may not. masanably be c upd within a 30 day period, this Agreement
may not be tarrrlriated if the defaulting party cOn'Ir"moes action to tsars rile
defauh within such 30 day period and prvaee+ds with duo diligence to fully pare
the default
13. Indemnity, Owner and SSLP each indemniRas the other ngalrssl and
holds the other harmless hom any and all costs (Inducting reasonable
attorneys fees) and claims of Aablidy or loss which arise out of the use arKV&
ocaipancy of the Site by the inderrwiNing parry. This Indsrrintty does not
apply to any Claims arislN from the sole negligemm or lntenWnal miscondurs
of the indemnified pa .. r_
14. Hazardous Substances. Owner represents that it has no k:xnv1edge of
any substance, chemical or waste (collectively, 'substance') an the Site that is
ideri0ed as hazardous, toxic or dangerous in any applicable federal, state or
local law or regulation. SSLP shall net introduce or use any such substance
on the Site in violation of any applicable law.
15. Miscellaneous. (a) This Agreement applies to and binds the heirs,
successors. executors, administrators and assigns of the parties to this
Agreement; (b) ThIs Agreement is governed by the laws of the State In which
the Silo is located: (c) If requested by SSLP. Owner agrees promptly to
execute and deliver to SSLP a recordable Memorandum of this Agreement In
the form -of Exhibit B; (d) This Agreement (including the Exhibits) constitutes
the entire agreement between the parties and supersedes all prior written and
verbal agreements, representations, promises or understandings between the
parties. Any amendments to this Agreement mutt be In writing and executed
by both parties; (a) If any provision of this Agreement -it Invalid air
unenforceable with respect to any party, the remainder of tMs Agreement or
the application of such provision to persons other than those as to whom it Is
held invalid or unenforceable, will not be affected and each'provision of this
Agreermnt will be valid and anfarneatila to the kltest extent pcnnfted by nary,
and (,I The pcovaiang berry In any action or pr Odlnp is Ccur2 OF muluslly
agreed upon srtikeallon proceeding io enforce the tames of this ATeemant is
enlltted to receive its reasonable attemeys' feet and aster rrasonabl4
enforcement costs and expenses from the non -prevailing puny
The following Exhibits are alimchkd to and made a .an of this
Agreement: Exhibit A. B. B.1. B.2
OWNER: _ Cr'-(Eed�
By: 100,
Its:
S.S.rrax No.: 4tia S'I#A'S7iLpt
%AV
vr,96 --
Version 2.1
SPRINT SPECTRUM L.p _ a Delaware limited partnership
By —
Its:
Address: 1 N d Place. Suite 2D0. Bellevue, WP. 9=4
Date:
Continuation of owner srgnal;143 kDROW. iwhw j;r `t
- - S*arrle
This Arne
the day o.
Realty Company,
("Owner").
AMENDMENT TO
PCS SITE AGREEMENT
e to P S Site Agreement ("Amendment") is made and entered into as of
UON - U , 2002 ("Execution'Date"), by and between Sprint Spectrum
., a Delaware limited partnership ("SSLP"), and Russell R. Lloyd
RECITALS
A. Spr.nt Spectrum, L.P., a Delaware limited partnership ("Parent") leased from
Owner certain real property in King County, Washington pursuant to a PCS Site Agreement
signed by Owner cn 6/20/1996 and by Parent on 8/19/1996 ("Agreement"), as amended on May
26, 2000 ("First Ajnendmene. Parent subsequently assigned its interest in the Agreement to
SSLP, its affiliate.
B. SSLP and Owner desire to amend the Agreement on the terns and conditions
contained herein t� enable SSLP to obtain additional ground space which will enable SSLP to
allow AT&T Wireless Services of Washington, L.L.C. ("Co -Locator") to co -locate with SSLP on
the Site.
NOW Th FORE, in consideration of the mutual covenants and conditions contained
herein and for oth good and valuable consideration, the receipt and sufficiency which is hereby
acknowledged, the parties hereby agree as follows:
1. The effective date ("Effective Date') of this Amendment shall be the date that
SSLP enters into an agreement with Co -Locator whereby SSLP grants to Co -Locator the right to
co -locate on the sit, h ("Co -Location Agreement").
2. As �f the Effective Date, Owner hereby lease to SSLP the additional 220 square
feet of real propertydescribed in the attached Exhibit A ("Additional Space"). All references to
the Site in the Agrement will be deemed to include the Additional Space.
3. SSLP will pay to Owner rent for the Additional Space ("Additional Rent' in
advance in the amount of 31200.00 per month (total annual payment = $14,400.00). Additional
Rent will commence. on the first day of the first month following the earlier of the (a) date that
Co -Locator commences construction on SSLP's Site or (b) the date which is 90 days from the
Effective Date (partial month to be prorated) and shall terminate upon the expiration of the Co -
Location Agreeme • t. The Additional Rent will escalate at the same time and in the same manner
as described in Sec 'on 3 of the Agreement.
4. If Co -Locator and SSLP have not entered into a Co -Location Agreement ninety
(90) days fiollowin4 the Execution Date, either Owner or SSLP may terminate this Amendment
at any time prior tZI
e date that Co -Locator and SSLP enter into the Co -Location Agreement by
providing written ice of termination to the other party.
SSLISA.1-5 & 18 L1oyds.SE03XC104
5. EX)
replaced in its enti
6. Seel
replaced with the f
"All notice:
postage pre,
If to SSLP:
With covie:
If to
ibit A of the First Amendment to the Agreement is hereby deleted and
ety with "Exhibit A" to this Amendment, attached hereto.
ion 6 of the Agreement entitled "Notices" is hereby deleted in its entirety and
must be in writing and are effective when deposited in VS Mail, certified and
aid, or when sent via over night delivery to the following addresses:
4457 Willow Road, Suite 202
Pleasanton, California 94588
to: 6391 Sprint Parkway
MS: KSOPHT0101-Z2020
Overland -Park, KS 66251-2020
Attention: Business Law Group
Sprint Spectrum L.P.
6450 Sprint Parkway
MS: KSOPHN0116
Attn: Contracts
Overland Park, KS 66251
1741 S. 356" St.
Federal Way, WA 98063
7. All apitalized terms not defined herein shall have the meaning given to such
terms in the Agree ent. Except as explicitly amended hereby, the Agreement remains in full
force and effect awn is hereby restated, ratified and confirmed in accordance with its original
terms, as amended hereby.
[SIGNATURES TO FOLLOW]
SSUSA.1-5 & 18 Uoy&.SEDY' CC104 2
I
IN WITNESS WBEREOF, SSLP and Owner have executed this Amendment as of the
date first above written.
SPRINT SPECTRUM REALTY CO., L.P.
By:
Name: Y nt
Title: D' 2 est on
Sprint Sites USA-
RUSSELL R. LLOYD
ssusai-s & 18 U0yd SE03Fcloa 3
;ITY OF RECEIVED. -BY
l�l�'�(�� WaYv nil+s:Ll;�� � n��DEPA€�i MENT
mede
€ICI 2 o Z003
MASTER LXD USE APPLICATION
DEPARTMENT, !OMMUNITV DET SERVICES
VELOP ENirst Way South
PO Box 9718
Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
.a ...x notvnffederalway rnm
`_ � D - l �-� •, r Date �cJ �c7
,PPLICATION NON
'roject Name M
'roperty Address/Location
'arcel Number(S)
'roject Description
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
reapplication Conference
Process I (Directors Approval)
Process II (Site Plan Review)
Process III (Project Approval)
Process IV (1-learing Exantiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
mooning Designation
Comprehensive Plan Designation
Value of Existing Improvements
alue of Proposed Improvements
Uniform Building Code (UBC):
,4/10 _ _ Occupancy Type
Construction Type
MA
70
Applicant
Name:
Address:
City/state: "6w"w e-nez?aefC',4
Zip:
Phone: ;_7_CJ6�% mod]
Fax:
Email:
Signature: � f
Agent (if differentthan Applicant)
Name:
Address:_;�f,7S-} 774&' lqi-'
CitylState��}�T��� ��
Zip: Oxff �� — � 9e)ZZ7
Phone: 7110�, Z4917- '/-5
Fax: Ze�)&
Email:
Signature:
Owner p
Name:��-���
Address: / d
City/Stalc;���]G�
Zip:
Phone:2V
Fax:
Email
Signature:
Bulletin #003 —March 3, 200E
Page l of I k:\Handouts — Revised\Master Land Use A'
PO Box 9718
Federal Way, WA 98063-9718
P[ �;
PACIFIC TELECOM
October 20, 2003
City of Federal Way, Department of Community Development Services
33530 First Way South
OOMMUNITY DEVEtoPM>M aEPARMEW
RE: Application for modification to PWSF APN -- 282104-9178 06 17418. 356th
Planning Staff,
Please accept the enclosed materials as an application to make minor modifications to an existing
PWSF located on the referenced APN in Federal Way. AT&T Wireless Services (AWS) is
presently operating from the project location and needs to make antennas changes to accomplish
technology updates to its network.
The proposed work involves addition of one (1) antenna per sector, for two (2) sectors, and
placement of a new outdoor equipment cabinet on an existing concrete slab on -grade. Included
in the enclosures are photo -simulations depicting the facility, before and after the proposed
antenna changes.
Applicant requests that PSWF application requirements that call for submittal of coverage charts,
height justifications, feasibility of location [to priority locations], and inventories of other PWSF
sites be waived by the City as such information was provided in AWS's original application and
have therefore been considered previously by City staff for AWS at this project location.
AWS is adding an additional equipment cabinet under the current proposal, to be mounted to a
concrete slab on -grade. Existing carrier development at the site (by both AWS and Verizon
Wireless) has consisted of placing equipment above ground. The space available for AWS's
new equipment cabinet and the engineering difficulties associated with creating an equipment
vault (in such tight space and in very close proximity to existing buried utilities) supports
placement of the new cabinet above ground.
Thank you for your assistance with this application. If there are any questions or additional
information is needed please contact me by email at aperlman rptswa,com or by phone at 206-
612-1563.
Sincerely,
Alex Perlman
Site Acquisition and Zoning Manager
Enclosures
425 PONTIUS AVE N, #202 SEATTLE, WA 98109 PH 2O6.342.9000 FX 206.903.8513
Map Output
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information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to,
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