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10-101130 (2)FiLE CITY OF 4 Fede E MINWINM Sarah. TeIschow K ealcom Associates 11;ellevue, WA 98007 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Way Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com IKE: File #10-101130-00-UP; VERIZON WMELESS - SEA FEDERALIlAy 30833 Pacific Hwy South, Federal Way FII-MaTafliffl- in• The City's Planning Division has completed an administrativ:e land use review of the proposed Personal ess-.0'ery J"W*,s,?tei at 30833 Pacific Highway South. The Comprehensive Plan and zoning designation for the subject property is Community Business (BC). The subject property's P`WSF use is permitted pursuant to Federal WayRevised Code (FNMC 19.220.120). The Department of Community Development Services hereby approves the Process I application. f.. Land Use Review —According to submitted materials, the applicant proposes to add one circular microwave anteima (28" diameter x 14" depth) to an existing monopole. The addition of one antenna requires a Process I Master Land Use Application pursuant to FWRC review processes for improvements and additions to developed sites. 2. Prioritized Locations — The proposed antenna will be located on an existing 154-foot PWSF monopole originally granted land use approval prior to the 1990 incorporation of the City of Federal Way."The project applicant has proposed the antenna placement in priority location (B) Existing broadcast, relay and transmission towers as the intent is to bolster coverage for that particular PWSF locatiom 3. Development Standards — The proposed PWSF panel antenna's size and visual characteristics are similar to the existing antennas attached to the monopole, thereby having negligible impacts to surrounding land uses. The proposed antemia will extend four feet above the existing monopole anii will be placed on the east elevation. 4. Screening Standards —The proposed antenna will be similar in color to the existing PWSF. The addition of one microwave antenna located 80 feet above average building elevation would result in minimal -visual impacts. 5. Additional Permits —An electrical permit will be required if any circuits are to be added or altered to the existing equipment cabinet. No building permits are required for this proposal. Ms. Telsci�Cjw April 16,2010 page 21 6. Process I Viresholds —The Proposed improvements do not reduce required parking, landscaping, buffering, open space, or public areas; do not change the location of utilities or easements; and create no impacts to sensitive areas or significant trees. APPRovAL DURATION Per FWRC 19.15. 100, the applicant must begin construction or submit a complete building permit application within one year after the final decision. The applicant must substantially complete construction for the development activity within five years after the final decision or the decision becoim�vojd A one time "fosiml lijuited to one year may be granted if a written request is submitted to ffie Di�gattment of Cornmimily Development Services (33325 i� Mentie South, PO Box 9718, Federal Way, WA 98063-9718). This request must be submitted at least 30 days prior to the expiration of the decision. APPEALS This decision sball not waive compliance with future City of Federal Way codes, policies, and standards relating to this site. The effective date of this decision is April 19, 2010 (three days from the date of this letter). Pursuant to FWRC 19.55.150, any person who received notice of the administrative decision may eal this decision to the Federal Wij Hearinj ti'jij jj 1,131 jljj&W'TL?TP2f _11i i AN of record, you may waive your right to appeal this decision. The City must receive this waiver in writing or via e-mail. Waiver of the right to appeal does not affect the effective date of this decision. Therefore, if you choose to waive your right to appeal, you could begin work on the proposal as soon as the waiver is received by the city. CLOSING This Process I approval does not constitute approval of an electrical permit. If you have any questions regarding this decision, please contact David Lee, Associate Planner, at 253-835-2622 or davicLIee@cityoffederalway.coni Elm= Greg Fewins, Director Community Development Services enc: Approved Site Plan GScott Sproul, Assistant Building Official David Lee, Associate Planner l�°PPHJII Doc, I.D. 53626 MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES h 33325 8' Avenue South R COE' E_ PO Box 9718 Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 r"T kit- FEDERAL W,4y CDs APPLICATION NO(S) 10-IL01130 _1641 —Date Project Name Verizon Wireless -SEA Federal Way Property Address/Location 30833 Pacific Highway South Parcel Number(s) 0821049064 Project Description Add one (1) two foot (Z) microwave dish Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference x Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Community Business (SC) -Zoning Designation Not Known Corriprehensive Plan Designation Not Known Value of Existing Improvements $5,000.00 Value of Proposed Improvements International Building Code (IBC): N/A Occupancy Type Telecom Construction Type 0= Name: Verizon Wireless Address: 15900 SE Eastgate Way, M/S 231 City/State: Bellevue, WA Zip: 98008 Phone: Fax: Email: Signature: Agent (if different than Applicant) RealCorn Associates - Sarah TeIschow Name: 14432 SE East to Way, Suite 260 Address. Bellevue, WA City/State-, 98007 Phone: (425) 274-4444 ext. 114 Fax: (425) 274-4449 Email: S Ischo , e omaasoc.corn Signature`t) et fi I RST ENTERPRISES INC Name: 1851 Central Place South, Suite 225 Address: City/State: Kent, WA Zip: 98030 Phone: Fax: Email: Signature: Bulletin #003 - August 18, 2004 Page 1 of 1 k:\Handouts\Master Land Use Application Verizon Wireless (here after referred to as "Verizon") is a wireless telephone company operating throughout the United States of America. Verizon is licensed to operate in the United States by e Federal Communications Commission (FCC). Verizon is currently expanding its network i die King County area to make available improved telephone service and provide wireless capacity to its subscribers. This proposal describes the scope of the proposed project by providing specific information regarding the project location, zoning, specifications, and required services. t is erizon's desire to work with the City of Federal Way to ensure that this project is consistent with local ordinances and zoning regulations while providing wireless coverage to Verizon's customers and provide critical communication services foremergency, business, and personal use. The goal of d- • provi better telephone service. Verizon goals consistent with all polici ordinancesand of 'M / 0 a Type I Land Use Review it Commercial Building Permit RECEIVED R 18 2010 0M OF FEDERAL WAY Verizon Wireless CD S, Bede ay Page 1 Project Overview The applicant, Verizo, proposes to add one (1) new two foot (2') microwave dish to their existing approved telecommunication facility located at 3033 Pacific Highway South Federal Way, Washington (... 0-21049064). servicedF�acility Nfairiteliance - The facility is generally once a month.to two 1-11 employees are on • of •ur (4) hours of is typically for • of •is blem, a crew dispatched to the site immediately. Microwave Dish - Venizon is proposing to add one (1) new two foot (2') microwave dish to their existing approved telecommunication facility. Please see Sheet -2 for more detailed information. propertyThe •ned Community C CC). According to the Federal Way Revised • de -g# J)r�-k'W'r"'WSAj_D11crowave dish addition would require the review and a of - Review and Commercial .. - �w.- ,. # -. • 1 *1 • a Q. r• • Kequomu NS REGULATIONS Review Lot r-r i Rear e' Landscape 'P • s S4 ( Venzon ir-eless SEA Bederal Way Page 2 Ei wireless ;See to None See See See Refer to FWRC See to 4 Not NIA 1. For developed acifty 2 note 1 note I note 191 � for allovied sites, the setback t 5 for alb wed 1 ma)dmum heights for alovied types of on a PWSF teqt*en*rds shall be those of PwSFs PWSFs the pfincipal use See note 3 of the subject property- For w-developed sites, the setback reqtirenvuft for now freestandinij PWSFs shell be 20 IFL for front, side, and mar yot&, 2, SLd*d to meeting at applicable development standards, the rel0ew process towd shall be process 1, except for the Follovving proposals- a- Process 11 for the folovAng proposals: (1) The PWSF is located wiftn 300 fl- of a residerifial zow, or (2) The PWSF is located on a i sbixture that is Frieoji Wireless SK4 Fedemd Way Page 3 Fira f , ors M. e` s applicableto a of its Forother informaliGn about p2ddrig and rocess I, II, III and IV are described in parldngareas. see Chapter hapterj9-E6 FWRC, 19.1ii C_ hapterj9_60 FWRC, Fear a ter 19.65 what may exceed hapter 19.70 FWRC respectively. lhis unit, heigtt FVVRC 19.110.050 et seq- For details r req4md yards, see 1. • 1U_et The existing wireless facility is within three hundred feet (300') of a residential zone. David Lee has indicated that because the proposed codification is on an established wireless telecommunication facility, only a Type I Land Use Review would be required, Accordingly, Ven*zon Wireless is requesting the review and approval of a Type I Land Use Permit for the proposed minor modification. 11 ••nent Standards The follornng development staudazrds shall he 16116rve hi the desi,404 stung, and c-onstlur°iiora crl"atpa°rscrngal rrireI ss scivicc Iircali : 1) 13trlldhi - ot` strxrc°tt r nnor rrtc d Pi t y T v on ctv strgg, latrilrliigry v or° +trlletrrrV nr or oart ol'the pahlir r%lrt-cif-rsratf. I ii:*il nroarrated on a isting haddirs"s $arrrl> stmrtures shall conform to the 16116uing• development st vrd udse (1) Tlie P STshall c°onsist only ol'the lollorving es ol`Irr:ili"i .- li) A rnic nar ell or a rrrrirrar ° 1 ar°ilrt y or til) A 1147W thaet c Qcec:rly therublor filcilrt3'' thresholds 161- tiaalber of, aaa terrrvts,' dinacn.srons, arrrrll"or zrcaa, hrrt rac°watt: tro rratarc° arc11VINC irnparets t tarar at rtrinor diir°ilita: as rfaAtr;t':rtrined <lat' the director ol` eorrrraaaanilV de'rc'lopmelitserITices. .sall?icrt to nlcelhgaff of M 10110 r-ving muidar dsr Venzon ireless SEA Bederal Way Page 4 r r r r r r r r ♦ r r rr r r j. • r r r r. r r rrr r' r r r - r • r r •' r r r r MOM rp NOW too Mr r r • / 1+ I I NEVERMORE! Verizon proposed telecommunication facility will meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the Federal government with the audioriq, to regulate towers and antennas. Verizon's site will conform to all FCC regulations, and because the maximum ERP is less than o thousand (2,000) watts and/or the height of the facility is greater than ten meters (10 ), an environmental evaluation of radio frequency emissions is exempted per CFR Title 47 Part 24, Subpart E . Verizon has a license from e FCC to provide wireless telecommunication services throughout WashingtonState. _y s s �s 1 0210414a 09210491�a a0921049102 092104219 092104120 092101 a 06 2Sf190Q0D13 a MOMM T8S9600123 iso i 199 097950000 0&2i018D2i 7859600190 71 ..-,� 1 � � ,� .:,.� �7J 228„�,� � 785.9600111 a &D82f04,91fQ � � Lderal-11" 785.960022fi c 7#�!' S6fi014D 0627019231 """""„`" 7853600220 7869600i16 14 0921019188 1 MUM 7 R 1 7;1 15 CaMOM D82121� N 01210�9215 7SO 1007853600212� G 7UMM156 1 1 L.. 1 7 7 1 43=23M MUMIN OaMalaa MSM176 1 1 1 7 187 r PROJECT E: SEA Federal Way 4 • MAC' -� r �b z� ffi Verizou WirelessR4 ,SEA Federal Way; 4 Pacific Northwest Title 1. PNWT A.L.T.A. Commitment pAcw1c NoRTHwEsr TriLE ComPANY 215 Columbia Street Seattle, WA 98104 (206)622-1040 (206)343-1358 FAX ---------- DA , rIFIC NORTHWEST TITLE INSURANCE COMP PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and coniplianoe with the Requirements; all subject to the provisions of Sehedules A arkI B and to the Conons of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. months �after f Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. jn� - - mI if igil 111 E1 This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused its corporate name and seal to be affixed by its duly authorized officer and signatory on the date shown in Schedule A. y PACMC NORTHVVEST T= Insurance Company, Inc. President CountersignedCountersigned by: Authorized Signatory kl"WE"-It-D Pacific Northwat KE Company MAR 18 2010 215 Columbia S,,-,, Seattle, WA 111 04 City, State CYN OF FEDERAL WAY Pacific Northwest Title Page I - MU3r—N—o—.T1U8314 Pacific Northwest Title Pacific Northwest Title Company Pacific Northwest Title Company 215 Columbia Street Seattle, WA 98104 Title Officer, Curtis Goodman (curtisgoodmaii@jpnxvt-coo) Assistant Title Officer, Rob Clielton(robeliettoii@pti%lt.cOtn) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 RealCom Associates, LLC 14432 SE Eastgate Way, Suite 260 Bellevue, WA 98007 Attention: MaryLee Pohl i pyffijm[•�i PACIFIC NORTHWEST TITLE INSURANCE COMPANY Policy or Policies to be issued: ALTA Owner's Policy (6- 1 7-06) Liability Amount: TBD Standard Rate: General Schedule Rate F-suffm Title Order No.: 1108314 Customer Ref- SEA Federal Way Work Charge Amount: $ 450.00 Tax: $ 42.75 3. The estate or interest in said land described or referred to in the Commitment and covered herein is: 4. Title to the said estate or interest in said land is at the effective date hereof vested in: R.S.T Enterprises, Inc., a Washington corporation See Special Exception Number 8 regarding execution of the forthcoming document(s) to be insured. 5. The land referred to in this Commitment is in the County of King, State of Washington, and is described as follows: Pacific Northwest Title Page 2 - U-Mr Fc. 1 t V91 12F I Pacific Northwest Title Pacific Northwest Title Company Order No.: 1108314 Legal Description: THAT PORTION OF SOUT14EAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 4 FAST, W,K, IN KING COUNTY, WASHINGTON: AND EXCEPT THE EAST 50 FEET OF STATE HIGHWAY RIGHT-OF-WAY; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY BY DEED RECORDED UNDER RECORDING NUMBER 20090618001570. Property Address: 30833 Pacific Highway South Federal Way, WA 98003 Tax Account Number: 082104-9064-07 Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Company A.L.T.A. COMMITMENT Order No.: 1108314 SCHEDULE B A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. IL Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. FAWP I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 1 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. f, (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereog (C) Wato rights, claims or fide to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. T Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. Pacific Northwest Title Page 4 � Or= No. ryl)'83 I T' Pacific Northwest Title - -------- --- - Pacific Northwest Title Company SCHEDULE B - continued Order No.: 1108314 SPECIAL EXCEPTIONS: Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Federal Way. Taxes for the year 2010. The first half becomes delinquent after April 30th. The second half becomes delinquen) after October 31 st. Tax Account No.: 082104-9064-07 Levy Code: 1205 Total Assessed Value: $ 475,000.00 Assessed Land Value: $ 319,000.00 Assessed Improvement Value: $ 156,000.00 2010 Total Tax Principal: $ 6,801.25 1st Half Amount Billed: $ 3,400.63 Amount Paid: $ 0.00 Amount Due: $ 3,400.63 2nd Half Amount Billed: $ 3,400.62 Amount Paid: $ 0.00 Amount Due: $ 3,400.62 2010 Remaining Balance: $ 6,801.25 Affects: Includes other property 3. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term. Lessor: Chicago Title Insurance Co., Agent Lessee: Federal Way Disposal, Inc. Dated: Not disclosed Recorded: April 01, 1982 Recording No.' 8204010014 Pacific Northwest Title ageorder c. I Pacific Northwest Title Pacific Northwest Title Company Assignee: Seattle SMSA Limited Partnership, a Delaware limited partnership Assignment Recorded: April 02, 1985 Recording No.: 8504020116 5. Unrecorded Lease: Lessor: R.S.T. Enterprises Lessee: Su K. Oh and Ok S. Oh, husband and wife Disclosed By: Assignment and Assumption of Lease and Consent of Lease under Recording Number 9312082120 Lessee's interest in said lease is now held of record by: Assignee: Robert E. Pickrell and Ok C. Pickrel I, husband and wife Assignment Recorded: December 08, 1993 Recording No.: 9312082120 Sublessor: Seattle SMSA Limited Partnership Sublessee: American Tower Delaware corporation, a Delaware corporation Dated: January 19, 2000 Recorded: April 26, 2000 Recording No.: 20000426000694 Compass Christian Center Amy Le d/b/a T&N Nails Christine Bui, d/b/a Tip & Toe Suna Chung & Weona Chung d/b/a JEI Leaming Center Teotimo Carreon & Marai Del Lopez, husband and wife Ok Sun Oh d1b/a Valet Cleaners Kim Lake d/b/a Kim Lake Hair Patrick Walsh Michael K. Kinnear, DC Brian Woobank, Salon Benjamin Aaro Inc. d/b/a The Lock Shop 8. Evidence of the identity and authority of the officers of R.S.T Enterprises, Inc., a Washington corporation to execute the forthcoming instrument must be submitted. 9. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $ 100,000, and our title liability under this commitment shall not exceed that amount. 10. Title is to vest in persons or entities not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. Pacific Northwest Title Page 6 - Ur -der 55. 1199514 Pacific Northwest Title Pacific Northwest it Company 11. Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: Lakehaven Sewer District, a municipal corporation of King County, Washington Purpose: Sewer main Area Affected: The Westerly 10 feet of said premises Recorded: January 19, 1962 Recording No.: 5377503 12. Right of Entry Agreement and the terms and conditions thereof, By and Between: R.S.T. Enterprises, Inc., a Washington corporation and City of Federal Way, a Washington municipal corporation Dated: June 09, 2009 Recorded: June 18, 2009 Recording No.: 20090618001573 Pacific Northwest Title agC r rOer O. Pacific Northwest Title Pacific Northwest Title Company & Countv ssess s recorJIM RST Enterprises Inc Kent, WA 98030 MAJAM-01 Pacific Northwest Title Pacific Northwest Title Pacific Northwest Title Company And its Agents Providing excellent service and quality to meet your title and escrow needs. Our Privacy Policy - - - - - - - - - . . . . . . . . . . . . . . . ............ oi i-4at Vile fiffioning sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE. logees who need to know that information in or'F provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Company and its Agents. We value you as a customer and appreciate the opportunity to serve you. Pacific Northwest Title Page 5 - Pacific Northwest Title Pacific Northwest Title Company On March 1, 2010, it is intended that Pacific Northwest Title Insurance Company will merge as a title insurance underwriter into First American Title Insurance Company. This only affects the underwriter, and issued by First American Title Insurance Company. r R110 r qmemt in writing reQuired to be furnished the shall be addressed to the Company at 215 Columbia Street, Seattle, Washington 98104-1511. American Land Title Association Commitment— 2006 (Rev. 6/06) Pacific Northwest Title Page 10 - UrMerkqo, FWN-317 Pacific Northwest Title PNWT A.L.T.A. Commitment PAcync NoRPANY 215 Columbia Street Seattle, WA 98104 (206)622-1040 (206)343-1358 FAX !)A "FIC NORTHWEST TITLE INSURANCE COMP PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the Company, for a valuable consideration, hereby cominits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be ettective only wlien Me i(lentity o-]=.t ISIUM-1 f I the policy or policies conimitted for have been inserted in Schedule A by the Company. 6) 011VA I I r-0 N I I N I all 1.70 NO; This Co 'tent shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused its corporate name and seal to be affixed by its duly authorized officer and signatory on the date shown in Schedule A. PACIRC NORTHWEST TTME Insurance Company, Inc. —President Countersigned by: Authorized Signatory Pacific Northwest Title Com an 'EIVED Company 215 Columbia Treed. Seattle. WA 98104 MAR 18 2010 St City State I UTY OF FEDERAL WAY -M Pacific ortest Title Page i - r --cr o. I 108314 Pacific Northwest Title Pacific Northwest Title Company Pacific Northwest Title Company 215 Columbia Street Seattle, WA 98104 Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Rob Chelton(robehelton@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 A.L.T.A. COMMITMENT RealCom Associates, LLC 14432 SE Eastgate Way, Suite 260 Bellevue, WA 98007 Attention: MaryLee Pohl 1. Effective Date: February 04, 2010 at 8:00 A.M. 2. PACIFIC NORTHWEST TITLE INSURANCE COMPANY Policy or Policies to be issued: ALTA Owner's Policy (6-17-06) Liability Amount: TBD Standard Rate: General Schedule Rate Proposed Insured: To Follow Title Order No.: 110831 � C-jjj%Lo-a#f-m-12f&- SEi FeferaL.)Y= Work Charge Amount: $ 450.00 Tax: $ 42.75 3, The estate or interest in said land described or referred to in the Commitment and covered herein is: F4N5MXVUM 4. Title to the said estate or interest in said land is at the effective date hereof vested in: S. Enterprises, Inc., a Washington corporation See Special Exception Number 8 regarding execution of the forthcoming document(s) to be insured. 5. The land referred to in this Commitment is in the County of King, State of Washington, and is described as follows: Pacific Northwest Title Page 2 -nr-ger No. 11M7 I I Pacific Northwest Title Pacific Northwest Title Company Order No.: 1108314 Legal Description: THAT PORTION OF SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 220 FEET; AND EXCEPT THE EAST 50 FEET OF STATE HIGHWAY RIGHT-OF-WAY; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY BY DEED RECORDED UNDER RECORDING NUMBER 20090618001570. ftoperty Address: Tax Account Number: 082104-9064-07 *** END OF EXHIBIT A *** Pacific Northwest Title Page I -Order M7 1199114 -- - ------ ----- Pacific Northwest Title Pacific Northwest Title Company A.L.T.A. COMMITMENT Order No.: 1108314 SCHEDULE A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. IL Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. 6(A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof-, (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. 7. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. C. SPECIAL EXCEPTIONS: As on Schedule B attached. . ............. Pacific Northwest Title Page 4 -Order NO, 1106314 Pacific Northwest Title Pacific Northwest Title Company SCHEDULE B - continued Order No.: 1108314 SPECIAL EXCEPTIONS: Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Federal Way. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. 2. Taxes for the year 2010. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31 st. Tax Account No.: 082104-9064-07 Levy Code: 1205 Total Assessed Value: $ 475,000-00 Assessed Land Value: $ 319,000.00 Assessed Improvement Value: $ 156,000.00 2010 Total Tax Principal: $ 6,801.25 1st Half Amount Billed: $ 3,400.63 Amount Paid: $ 0.00 Amount Due: $ 3,400.63 2nd Half Amount Billed: $ 3,400.62 Amount Paid: $ 0.00 Amount Due: $ 3,400.62 2010 Remaining Balance; $ 6,801.25 Affects: Includes other property 3. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term. 4. Memorandum of Lease: Lessor: Chicago Title Insurance Co., Agent Lessee: Federal Way Disposal, Inc. Dated: Not disclosed Recorded: April 01, 1982 Recording No.: 8204010014 Pacific Northwest Title -Ila—gc - r cr Pacific Northwest Title Pacific Northwest Title Company 1211111�'.�,li Assignee: Seattle SMSA Limited Partnership, a Delaware limited partnership Assignment Recorded: April 02, 1985 Recording No.: 8504020116 Lessor: R.S.T. Enterprises Lessee: Su K. Oh and Ok S. Oh, husband and wife Disclosed By: Assignment and Assumption of Lease and Consent of Lease under Recording Number 9312082120 W,Z�=1132 Assignee: Robert E. Pickrell and Ok C. Pickrell, husband and wife Assignment Recorded: December 08, 1993 Recording No.: 9312082120 Sublessor: Seattle SSA Limited Partnership Sublessee: American Tower Delaware corporation, a Delaware corporation Dated: January 19, 2000 Recorded: April 26, 2000 Recording No.: 20000426000694 111 11! 1111 111 111 1 v�74TATIN"mr. Compass Christian Center Amy Le d/b/a TN Nails Christine Bui, d/b/a Tip & Toe Suna Chung & Weona Chung d/b/a JEI Learning Center Teotimo Carreon & Marai Del Lopez, husband and wife Ok Sun Oh d/b/a Valet Cleaners Kim Lake d/b/a Kim Lake Hair Patrick Walsh Michael K. Kinnear, DC Brian Woobank, Salon Benjamin Aaro Inc. d/b/a The Lock Shop 8. Evidence of the identity and authority of the officers of R.S.T Enterprises, Inc., a Washington corporation to execute the forthcoming instrument must be submitted. 9. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $ 100,000, and our title liability under this commitment shall not exceed that amount. 10. Title is to vest in persons or entities not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. Pacific Northwest Title vage G - Order rNo. 1199314 Pacific Northwest Title Pacific Northwest Title Company 11. Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: Lakehaven Sewer District, a municipal corporation of King County, Washington Purpose: Sewer main Area Affected: The Westerly 10 feet of said premises Recorded: January 19, 1962 Recording No.E 5377503 12. Right of Entry Agreement and the terms and conditions thereof By and Between: R.S.T. Enterprises, Inc., a Washington corporation and City of Federal Way, a Washington municipal corporation Dated: June 09, 2009 Recorded: June 18, 2009 Recording No.; 20090618001573 Pacific Northwest Title age - Pacific Northwest Title Pacific Northwest Title Company I Name and address of current taxpayer according to the King County Assessors record a I RST Enterprises Inc 1851 Central Place South #225 Kent, WA 98030 TOW"erein aUP7UTj7M7E77)-j I - re"VITI-1 - - — I Pacific Northwest Title I -age -6-0 Pacific Northwest Title Pacific Northwest Title Company MMMUM =- meet your title and escrow needs. 1=�10 i , � 1 11 i , -"I I . "I'll, . 11 11 it V4111 (tat, Vie followina sources i Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE. Provide products or services to yon. We maintain phy�ical, electronic, and procedural safeguards that comply with federal �egultftions to guard your nonputilie personal information. Thank you for choosing Pacific Northwest Title Insurance Company and its Agents. We value you as a customer and appreciate the opportunity to serve you. Pacific Northwest Title Pggeg Mr -Mr M. TIM 14 Pacific Northwest Title Pacific Northwest Title Company � r � { 1 shall be addressed to the eompaoy at 215 Columbia Street, Seattle, Washington 98104-1511. Association American Land Title _ t Y Pacific Northwest Title Page I F EF F FEDERAL SEA 1f IMAR 8 _0� a„ EXISTING EAST ELEVATION nevvr stop woridng for you." �Ne;RrsirONE SEA FEDERAL WAY wireless EXISTING NORTH ELEVATION We never stop working for you: \ lmri CoRNeASWOrE NSEA FEDERAL WAY �ll EXISTING WEST ELEVATION weneversfry wor king for yom", o Lij LL a O If R :3 �1 Agreeme -, made this day of � Or (Optionor-Lessor)v hereinafter designated- LESSOR and CHI[AGO TITLE INSURANCE COMPANY, Ill West Washington Ave~, Chicagog Illinois 60602' Agent, (optionee-Tenant), hereinafter called TENANT. LESSOR is the owner of certain real property located in County, State of Waehingtun» and, 2. TENANT desires to obtain an option to lease a portion of said real property (hereinafter coIIed Property)r with e rioht of way for access ^ thbretm, containing. approximately 1, 880 . square feet, more specifically described as land and buildi west of in the Federal Wav area of King -t V and as substantially shown outlined in red an Exhibit "All attached hereto and NOW THEREFOREn in consideration of 2 sum of Dollars (� - _ - hereinafter referred to as Option Money, to be paid by TENANT to the LESSOR, which TENANT wiII provide upon its execution of this Agreement° the LESSOR hereby grants to TENANT the right and option to lease said Property, including a right of may for access theceto» for the term and in accordance with the covenants and conditions set forth herein. x The option may be exercised at any time on or prior to 1 1R At TENANT'S election and upon TENANT'S prior written notification to LESSOR, the time during which the option may be exercised may be further extended for one additional period of no months each, through and including xzone respectively, with an additional payment of Dollars ( ) by TENANT to LESSOR for each option period so extended. The time during which the option may be exercised may be further extended by mutual agreement in writing. If during said option period, or during the term of the lease, if the option is exercised, the LESSOR decides to subdivide, sell or change the status of the Property or his property contiguous thereof, he shall immediately notify TENANT in writing so that TENANT can take any steps necessary to protect TENANT'S interest in the Property. This Option may be sold, assigned or transferred at any time to TENANT'S principal or affiliates or subsidiaries of principal. As to other parties, this Option may not be sold, assigned or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. Should TENANT fail to exercise this option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and LESSOR shall retain all money paid for the option, and no additional money shall be payable be either party to the other. The LESSOR shall permit TENANT, during the option period, free ingress and egress to the Property to conduct such surveys, structural strength analysis, subsurface boring tests and other activities of similar nature as TENANT may deem necessary, at the sole cost of TENANT. Notice of the exercise of the Option shall be given by TENANT to the LESSOR in writing by certified meiI» return receipt requested. Notice shall be deemed effective on the date it is posted. On the dote of such notice the following Agreement shall take effect: LEASE AGREEMENT I° LESSOR hereby Iaaaaa to TENANT that certain parcel of property containing 1880square feet Situated on the rear 'oort' County of State of Washington together with the non-exclusive right for ingress and egreso° seven (7) days a meek» twenty-four (34) hour, a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility mires~ cables, conduits, and pipes ouerp undery or along o right of may extending from the nearest public right of o the demised premises� said Property we and right of may for access being substantially as described herein in Exhibit "All and as shown enclosed within red lines on Exhibit "All attached hereto and made a part hereof. ^ t t TENANT the right to survey said 2~ LESSOR also hereby gran a u Propertyr and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereofp and shall control in the event of discrepancies between it and Exhibit "An° 3. This Agreement shall be for an initial term of Five (5) years, beginning on the date the option is exercised by TENANT at an annual rental of Dollars ( , to be paid in equal monthly installments on the first day of the month, in advance, to or to such Federal Way Disposal, Inc. other person, firm, or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. 4. TENANT shall have the option to extend this lease for Three (3) additional Five (5) year terms by giving the LESSOR written notice of its intention to do so at least six (6) months prior to the end of the then current term. 5. The annual rental for the first (1st) Year extension term shall be increased to Dollars the second (2nd) _five ( 5 ) year extension term shall be increased to Dollars ( - ,); the third (3rd) f ive (_5 ) year extension term shall be increased to Dollars (` 6. If at the end of the Third (3rd), Five (5) year extension term this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention -to so terminate at least six (6) months prior to the end of such term. 7. TENANT shall use the property for the purpose of constructing, maintaining and operating e Mobile Communications Facility and uses incidental thereto consisting of one building of approximately 800 square feet and one free-standing monopole antenna structure of approximately 175 feet in height and all necessary connecting eppurtenamcee. A security fence consisting of a chain link construction or similar but comparable construction ohoII be placed around the perimeter of the Property (not including the access eamoment). TENANT will maintain the property in a reasonable condition_ It is under- stood and agreed that TENANT'S ability to use the Property is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other spprovaIe that may be requlrA by any Federal, State or Local authorities. LESSOR SHALL cooperate with TENANT in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by TENANT. In the event that any of such applications should be finally rejected or any certificate, permit, license or approval issued to TENANT is cancelled^ expireo° lapses, or is otherwise withdrawn or terminated by governmental authority no that TENANT in its sole discretion will be unable to use the Property for its intended purpoamo° TENANT shall have the right to terminate this Agreement~ Notice of the TENANT/5 exercise of its right to terminate ` shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid for the lease of the Property to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and alI the parties ` shall have no further obligations, including the payment of money, to each B. TENANT shall indemnify and hold LE550R harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT, its servants or agantso excepting, however, such claims or damages as may be due to or caused by the acts of the LEGSORY or its servants or agents. 9° Each of the parties hereto herby waives any and all rights of action For negligence against the other party hereto which may hereafter arise on account of damage to the premises or to property therein, resulting from any fire, or other casualty of the kind covered by standard` Fire insurance policies with extended coverage, regardless of whether or notp or in what emounts° such insurance is now or hereafter carried by the parties hereto» or either OF them. LESSOR agrees that TENANT may selF-insure against any Ioon or damage which could be covered by 2 comprehensive general public liability insurance policy. lO~ TENANT will be responsible for all utilities and property taxes required by its use of the Property. TENANT shall pay as additional rent any increase in real estate taxes levied against the herein leased Property and which are directly attributable to the improvements constructed thereon by TENANT. _ - termination of �h� Agr�oment shall, within a Il. TENANT, upon » p reasonable period, remove its personal property and fixtures and restore the Property to its original conditon, reasonable wear and tear excepted. If such time for removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro-zato basis if based upon o longer payment term, until such time as the removal of personal property and Firtureov which are called for within this Agreement, are completed~ 12. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property (the Property to include only the parcel leased hereunder) to a purchaser other than TENANT, such sale shall be under and subject to this Lease Agreement and TENANT'S rights hereunder, and any sale by the LESSOR of the portion of this property underlying the right of way herein granted shall be under and subject to the right of the TENANT in and to such right of way. 13. LESSOR covenants that TENANT, on paying the rent and performing the covenants by it herein made, shall and may peaceably and guietly have, hold and enjoy the leased Property. 14. LESSOR covenants that LESSOR is seized of good and sufficient title and interest in the Property to enter into and execute this Agreement. LESSOR further convenants that there are no other liens, judgements or impediments of title on the Property. 15. It is hereby mutually agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises or understandings shall or will be binding upon either the LES50R or TENANT in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless in writing signed by the parties hereto. 16. This Option and Lease Agreement and the performance thereof shall be governed; interpreted, construed and regulated by the laws of the State of Washington. 17. This Lease may be sold, assigned or transferred at any time to its principal or affiliates or subsidiaries of principal. As to other parties, this Lease may not be sold, assigned or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. 18. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): TENANT: Chicago Title Insurance Company ill West Washington Street Chicago, IL 60602 LESSOR: A.J. Seg-ale, President FEDERAL WAY DISPOSAL, INC. 31407 Century Blvd. S.W. Federal Way, WA 98003 19. This Agreement shall extend to and bind the heirst personal representatives, successors and assigns of the parties hereto. 20. At LESSOR'S option, this Agreement shall be subordinate to any mortgage by LESSOR which from time to time may encumber all or part of the Property or right of way thereto; provided, howeverg every such mortgage shall recognize the validity of this Agreement in the event Of 2 foreclosure of LESSOR'S interest and also TENANT'S right to remain in occupancy of and have access to the Property as long as TENANT is not in default of this Agreement. TENANT shall execute whatever instruments may reasonably be required to evidence this subordination clause. 21. Lessor will construct for Tenant's use and at Lessor's cost a "building shell" defined as follows: A masonry building of "concrete block"or- similar construction with a standard roof structure of steel or concrete construction, capable of withstanding permitted local roof loads. The space enclosed by said building shall be 20 ft. in width by 35 ft. or more in length. The 201 x 351 are to be clear inside dimensions and a ceiling height of 10, will be provided clear of any framing or other obstructions. The floor will be concrete with lbading of 200 lbs./sq.ft. or more. One entry door of steel construction 3'-6" wide by 81-0" high shall be provided. Three-phase electrical service with 220 volt 300 amp capacity shall be brought into the building but no electrical panel other than a master disconnect breaker shall be provided. Lessor shall be responsible for roof maintenance and exterior maintenance except that portion of building enclosed by the chain link fence. Tenant will provide at its own expense, internal elec- trical service, heating, airconditioning, lighting, interior finish, chain link.fence and any other appurtenances as necessa for Tenant's operation. Tenant shall be responsible for interior maintenance and maintenance of the yard area enclosed by the chain link fence shown on Exhibit "A" attached. Lessor hereby gives Tenant authorization to proceed with Tenant improvements specified above. Upon Lessor's receipt of Tenant's notice exercising the option provided for herein, Lessor shall diligently proceed to construct the "Building Shell" and will com- plete construction of same within 120 days of Tenant's exercise of said option, strikes and other circumstances beyond Lessor's control excepted. V IN WITNESS WHEREOF, the parties hereto have set their hands a I fffixed their respective seals the day and year first above written. LESSOR: T WITNESS: TENANT: CHICAGO TITLE INSURANCE COMPANY, AGENT C aOS4 A BY: _P Agent STATE OF County 07� On this day a f Ze A. D. 19-9Z, before me, the under- signed, a Notary Public in and for the State of duly commissioned and sworn personally appeared esident an ecretary, respectively, of to me known to the corporation that executed the fore ing instrument, and acknowledged the said instrument to be the free and volun- tary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that__Di��_h,!�( authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State 0 residing at 6Z e2 State of NEW JERSEY County of Somerset ) S.S. On this 16tiday of February 1982 , before me, the subscriberr, a Notary Public, Catherine D. Belle personally appeared8amuel Carlisi who acknowledged " himself to be office Manager of Chicago Title Insurance Company, a corporation, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation and himself as Agent. In witness whereof I hereunto set my hand and official seal. �ota Public my Commission Expires: 8-24-85 _.12L Z:��3 ` PROPERTY LEGAL DESCRIPTION Ily That portion of the east S of the south 110.08 ft. of the north 440,05 fc. of the Southeast 4 of the North- „ 19 ?6 east k of Section 6, Township 21 North, Range 4 East, :. 5 W.M., described as follows: LG 5i Commencing at the southwest corner of the afore - described subdivision and the true point of beginning, thence north along the west line thereof 40 ft.; thence east parallel to the south line of the subject subdivi- sion 57 feet; thence south parallel to the west line ® !{, 40 feet more or less to the south boundary of the subdivi- 1 {, rS sion; thence west along said south line 57' more or less 49 to the true paint of beginning; Subject To a sever easement across the west 10' thereof; and Together With a no easement for vehicle and pedestrian ingress $4" i and egress from Pacific Highway South to the Property, and an easement for telephone cables, wires and conduits over, 14 -+ I under or across Lessor's property at the location established �e 11t 4+r a: by Lessor at time of construction of Tenant's building shell. 60 S. �.l308TH ST,USA 60 , A t 7 59 7 I AAA QO Ac« + v a' I �. `�® 5 7 y S x 4 � ^ ,„�m.®_,� �-� _ � �9bs43* 0 ®�5� g* a 1•-J_ a s ' 1 0 Ac- - 0.56 Ac.. ~ 0.%Ac. ee Sc a _ �u C3 L_..S r 'a1 l r^ 1 1 sOUrwR/OGE Federal Way 1� tOA a.7t. Convalescent Center CCtAIDCetiINIl J UNITS 41 Paul P Shelton 0 �z° Albert B Content 47 ` + 2 1.24 AC. 1.41 Ac. 1„ Z AP„RnI11996 ! .31003 i 0®8 .76A, " d i '-5 c -- o ! ! ---- — ---- G'x go'Fr_-nEla YARD +® iHEM 1 v`+' ®RvV 4r ,r A 0 99 Ac. 55 s 60, 1(r' Tide 1,5Ac- °- s — '� @ 0.71 AC. P2oPE2 r✓ L IA - 1 f i x r 0.70 AC( a I i e _ A 0.99 Ae, r r 0:58 Ac.+ ol " zs 1 31 011AC, A 6 S 31 AC. ; _ 4 4� &! 1 Q x -J 6D0s:t3 fsCA. 4�sa �Ca 3-G im S. 3 1 2TH ST. = ' Teratton General i8 �# 5 2 ¢ Ix 10= 111 et al g=- 54 !a5 5 1 - m: # to -1.4.. Q a �, � � �y �'r � _ 31l o: � r 2 e '6 Ac ', ee � ;J 9 85,'04.,'02 SEA-FH #0116 D ASSIGNMENT AND ASSUMPTION OF LEASE RECD F 5.00 CRSHS,L ***4:5. 00 22 This Assignment and Assumption of Lease, effective as of the 28th day of September, 1984, is made by and between: CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, 111 West Washington Street, Mail Location 0971, Chicago, Illinois 60602, ("Assignor") and SEATTLE SMSA LIMITED PARTNERSHIP, a Delaware limited partnership, 3350 161st Avenue Southeast, P. 0. Box 7329, Bellevue, Washington 98008, ("Assignee"), respecting the Option and Lease Agreement dated CD February 16, 1982 made by and between Federal Way Disposal, Inc., as t4ssor, and 11<r the Assignor, as Lessee, of which a Memorandum dated March 10, 1982 was recorded CD April 1, 1982 under Recording No. 8204010014, in the County of King, State of Ln co Washington, demising to the Lessee the land described as follows, for a term of five years beginning February 1, 1983 and ending January 31, 1988: The West 57 feet of the North 40 feet of the South 260 feet of the Southeast Quarter, Northeast Quarter, Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4 SE 1/4 NE 1/4) of Section 8, Township 21 North, Range 4 East of W.M. WHEREAS THE PARTIES for valuable consideration, the assignment of the Lease, and the agreement of Assignee to pay the rent and perform the covenants and conditions thereof, mutually agree as follows: Ci ASSIGNMENT OF LEASE: Assignor does hereby assign, transfer, convey and deliver to Assignee all of its rights, title and interest in the Lease and leasehold estate, including the right to exercise any renewal options, to have and to hold the leasehold premises from and after the effective date stated above, for the remainder of the term and any renewal term set forth in the Lease, subject to the rents, covenants, conditions and agreements therein contained. This Assignment is on a nonrecourse, quitclaim basis, except Assignor for itself and its successors and assigns, represents and warrants that it has not done or caused to be done anything whereby its interest in the Lease has been alienated or encumbered in any way whatsoever. 2ft. ASSUMPTION OF LEASE BY ASSIGNEE: Assignee covenants and agrees that from and after the effective date of this Assignment of Lease, Assignee will and does hereby assume the obligations of Lessee under the Lease and will pay all rent when due and fully perform all covenants, conditions and agreements of Lessee under the Lease for the remaining term and any renewal term set forth in the Lease; and further, that Assignee will protect and save Assignor harmless from any and all claims and judgments arising on account of breach of the Lease by Assignee or anyone holding by, under or through Assignee. ppF,IVED TAVS DAY Notices to Assignee from Lessor shall be addressed and delivers as follows: Seattle SMSA Limited Partnership MAIL TO.- 3350 161st Avenue Southeast iOLBellevue, Washington 98008 TAKATA ROVE-0971 anZoning S Attention: Manager, Real Estate d ZiOR LY G'14 - Of 'HICAGO TITLE INSURANCr Co 11 WEST WASHR -EC, OR, 0S fttG"t10q1S INGTON STREEi t 11CAGO, ILLINOIs 60602 ousiv % 1 0 1 SEA-FH IN WITNESS THEREOF, the parties have caused their duly authorized officers to execute this Assignment and Assumption of Lease on the day and year indicated. ATTEST: zP Byx Glorli—J. -we s - Assistant Secretary tie:Vice President General Counsel and Secretary STATE OF ILLINOIS) ss COUNTY OF COOK CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation ffj f BY4 Richard J* PffdoT* Vit� PresTdi.ft ASSIGNEE: 2163 By: Name: Dave Laube Title: Vice President apt,. Communications, Inc., General Partner I, the undersigned, a Notary Public, in and for the said County, and in the said State, DO HEREBY CERTIFY that Richard J. Pozdol, Vice President and Gloria J. Kuhles, Assistant Secretary, personally known to me to be duly authorized officers of the corporation and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instru- ment and caused the corporate seal to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this 28th day of September, 1984. My Commission This instrument was prepared by: Miriam Schneider, Attorney at Law III West Washington Street Chicago, Illinois 60602 i I STATE OF i COUNTYss I, the undersigned, a Notary Public, in and for the said County, and in the said State, DO HEREBY CERTIFY that Uoseph C. O'Neil, Secretary and David Laube, Vice President, personally known to me to be duly authorized officers of the corporation and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument and caused the corporate seal to be affixed thereto, pursuant to authority given by - :r. • of • of i corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes th- - r under my hand and official seal, this 13 day of 1984 . IN eI.0 Z +.. ra[p�?FJNta.Maer.a r�aM' yL. T otary Public My Commission e•August 8, 1988. AMENDMENT TO OPTION AND LEASE AGREEMENT ORIGINAL This AMENDMENT TO Option and Lease Agreement C'Amendmenf') is made this day of,2�2002, between Seattle SMSA Limited Partnership d/b/a Verizon Wireless, as and R.S.T. Enterprises, Inc., as "Lessor." The Lessor and Tenant are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". VIV5MU-11 A. This Amendment pertains to that certain Option and Lease Agreement dated February 16, 1982, together with all exhibits, amendments and addenda thereto (collectively, the "Agreement") for the lease of certain premises ("Premises") located at 30837 Pacific Highway — South, City of Federal Way, State of Washington, on property legally described as set forth on Exhibit A to the Agreement. C. Seattle SMSA Limited Partnership d/b/a Verizon Wireless is successor -in -interest to Chicago Title Insurance Company. D. The Parties acknowledge that a Memorandum of Sublease was recorded on January 19, 2000, in connection with Tenant's use of the Premises upon the tower currently operated by American Tower Corporation; and that Lessor's consent has been obtained for the sublease contemplated therein. E. The Parties wish to amend the Agreement to extend the term, increase the rent and amend certain other provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: foregoing recitals are incorporated herewith as if fully set forth herein. 2. Notice. The following provision shall be substituted for in its entirety and replace the provision in Paragraph 18 of the Agreement: certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's F:1Docs1520511Ame-ndmerLt.s\SEAFEDWAY Amendment.doc 07/03/02 receipt from the sender, addressect as o ioor any DD be notified may have designated to the sender by like notice): LESSOR: R.S.T. Enterprises, Inc. c/o Shannon Associates 1851 Central Place South, Suite 225 Kent, WA 98031 TENANT: Seattle SMSA Limited Partnershij d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, NJ 0792-1 Ave-iAmn-. -14etwork-lkl-ceal-E-Aaft= lhgu�. The following provision shall supplement Paragraph 9 of the Agreement: Tenant agrees that at its own cost and expense, it will maintain comprehensive general liability and property liability insurance with limits of not less than, , for the first twenty (20) years of the extension term of the Agreement, for injury or death in any one occurrence. Upon the expiration of the second five (5) year extension term, the Parties agree to mutually and in good faith evaluate the insurance coverage requirements in the cellsite -w-, i1r."Atf-Wine fA',Wear extension term consistent with the insurance coverage requirements in the cellsite industry. result of Tenant's use of the Premises, except for the negligence or willful misconduct of Lessor, or its servants or agents. F:\Docs\520511AmcndmentASEAFEDWAY Amendmentdoc 07/03/02 0 go 7-a��plaa requiru AW Should Lessor suspoct-that Hazardous Materials �ha:Ve �b6eu r&164sed� discharged of disposed of ■ Tenant • its employees, agents or contractors in violation of the foregoing provisions, Lessor shall have the right to test for samt and if Lessor reasonably cod posal or discharge by Tenant • its agents, erqptOyees of tOfttrU1bft3 Tenant shall pay the cost of such testing in addition to the foregoing. 8. A��. The following provision shall be substituted for in its entirety and replace the provision in Paragraph 17 • the Agreement: so long as the applicable Subtenant pays rent for the use of the • Any sublease that is entered into by T6nant shall be, subject to the pfqvIsions • Agreement 40 shall be bind Ing upon the successors, assigns; heirs and legal representatives of the respective parties FADocs\5205 I\Amendments\SEAFEDWAY Amendmcnl.doc 07/03102 I #� TENANT: Seattle SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco P c p, Its General Partner By: Robert F. Swaine Title- West Area VP, Network F-.Docs15205lkAmendrnents\SEAFEDWAY Amendment.doc 07/03/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 7- -2 Q-0"'—,beforeme,' i ,tSn, lf1134kkc- Date Nan" W4 T F— (e personally appeared d x -q )J40A t 1284499 lublic - Calffornis Inge County Exphw Oec 15. 2a Piace No" Seal Above 0 personally known to me gproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac) Ity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual TOO of thumb mere • Corporate Officer — Title(s): 0 Partner — C1 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other Signer Is Representing: 01997 Natkmal Notary Assl=kdlan - 9350 Do Solo Ave.. P.O. Box 2402 - Chatsvm(th, CA 91313-2402 Prod. No. 5907 Reocder. Call Toll - a 1-800-076-W7 LESSOR ACKNOWLEDGEMENT STATE OF' ss. COUNTY r. 111111111,11 if n oafn UP, imp _83isofs isfactory evidence) to be the person whoexttuto this msfrurnem,7on oafn U, was authorized to execute the instrument, and acknowledged it as the Presi ent of Rnrjses, Inc., to be the f�6,e anO ivolui act and deied of �said patty for the uses arlid purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my band and official seal the day and year first above written. PAM 'FUCKER NOTAR)"PUBLIC NOTARY UC in and for the S STATE OF VVASHINGTON F:\Docs\520511,kmendments\SEAFEDWAY Amendiment.doc 07/03/02 L. errile-date Anthony J. a -date I:,!..ay lil-a—tIco - date T-20695.1 1285917-1