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12-101744CITY OF Federal Way May 21, 2012 Sunny Ausink PTS 111 South Jackson Street, Suite 200 Seattle, WA 98104 CITY HALLFILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com RE: File #12-101744-00-UP; PROCESS I - DIRECTOR'S DECISION AT&T Mobility - SU08 Seatac Mall, 3161120te Avenue South, Federal Way Dear Ms. Ausink: The Community and Economic Development Department has completed review of the above -referenced Process I Master Land Use application. The applicant has proposed modifications to an existing Personal Wireless Service Facility (PWSF) located at 31611 20th Avenue South. The application is hereby approved per the findings noted below. Be advised, work cannot begin until a building permit is issued for the screen wall and electrical permit is issued for new connections from the department's Building Division. FINDINGS OF FACT 1. Proposal — The project applicant proposes to install three new Long Term Evolution (LTE) antennas to an existing PWSF located on top of the Clarion Hotel. Ancillary ground equipment will be added to the existing equipment cabinet. 2. Site —The subject property is developed with a 114-room hotel facility constructed in 1983. An existing PWSF is located atop the northeast portion of the building consisting of three panel type antennas. The facility's equipment enclosure is located within the ground floor of the hotel on the southwest corner. 3. Exempt Activity — Applicant proposes to add two cabinets within the equipment enclosure. Proposed upgrades will occur within the enclosure and within the existing building resulting in no exterior alteration. Therefore, these changes are exempt from PWSF standards set forth in FWRC Chapter 19.255 and are permitted outright with no further zoning compliance required pursuant to FWRC 19.255.010(3)(g). 4. Prioritized Locations — Applicant proposes PWSF improvements in an "existing broadcast, relay and transmission towers" or the second prioritized location set forth in FWRC 19.255.010(4). The highest prioritized location is not feasible as this proposal is an upgrade to an existing facility. By choosing the higher priority location, redundant facilities would be created and possibly cause negative effects to the overall network. Staff finds the applicant has met the burden to utilize the second prioritized location. Ms. Aush* May 21, 2012 Page 2 5. Facility — The existing and proposed facility exceed microcell and minor facility thresholds defined in FWRC 19.05.130. Facilities exceeding such thresholds may be permitted if: (1) adverse visual impacts are not created; (2) equipment cabinets meet adopted development standards; and (3) the number of antennas and their size are appropriate for the location. All three criteria have been met as further analyzed in this document's findings. 6. Height — Applicant proposes to mount existing and new antennas on a replacement mounting structure extending from the roof of the building. The extension (existing and proposed) is approximately 11 feet above the building's parapet. The height of the PWSF is within the allowable 15-foot above roof maximum pursuant to FWRC 19.255.020(1)(b). 7. Aesthetics — The PWSF facility will be shrouded within a composite shell that will be painted to match the building. Aesthetic impacts will be similar to screened rooftop mechanical equipment. Staff finds these measures appropriately mitigate visual impacts of the facility, cause no adverse cumulative effects, and meet aesthetic standards set forth in FWRC 19255.020(l)(d). 8. Antenna Size — Proposed LTE panel antennas are eight feet in height and are needed to add 4g technology to the existing network. Existing antennas will remain for 3g data traffic. Antenna size meets eight -foot maximum requirement set forth in FWRC 19255.020(1)(e). CONCLUSIONS OF LAW 1. The Federal Way Comprehensive Plan and zoning designation for the subject property is City Center - Core (CC-Q. Pursuant to FWRC 19.225.120, PWSFs are a permitted use in CC-C zoning districts. 2. The proposed improvements are not exempt from Use Process review as they do not meet criteria set forth in FWRC 19.15.020, Exceptions. FWRC 19.225.120 prescribes Process I "Director's Decision" as the required review process for PWSFs within the CC-C zone. 4. The proposed improvements are exempt from State Environmental Policy Act review as the scope of work meets categorical exemption WAC 197-11-800(25)(a)(ii), a facility exceeding microcell status, attached to an existing structure, not a residence or school, and located in a commercial zone. 5. The proposed improvements meet Process I purpose criteria set forth in FWRC 19.55.020 including compliance with applicable provisions of FWRC Title 19 `Zoning and Development' and health, safety, and welfare standards. 6. Building permit approval is required for the proposed screen wall improvements as the alteration is subject to applicable regulations set forth in FWRC Chapter 13.15 `Building Construction Standards.' 7. Electrical permit approval is required for proposed electrical improvements as the alteration is subject to applicable regulations set forth in FWRC Chapter 13.50 `Electrical Code-' APPEALS The effective date of this decision is May 24, 2012. Pursuant to FWRC 19.55.050, any person who commented on the application or requests a copy of this administrative decision may appeal the decision 12-101744 Doc I.D. 61179 0 Ms. Ausink May 21, 2012 Page 3 to the Federal Way Hearing Examiner by June 7, 2012. Any appeal must be in the form of a letter delivered to the department with the established fee. As the applicant is the only person of record, you may waive your right to appeal in writing to the assigned planner below. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This Process I approval does not constitute building or sign permit approval. If you have any questions regarding this decision, please contact Matthew Herrera, Associate Planner, at 253-835-2638, or matt.herrera@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager for Patrick Doherty, Director enc: Approved Plan Set c: Matthew Herrera, Associate Planner 12-1017aa Dce. I.B_ 61179 l FEDERAL WAY SEATAC MALL 2611 20TH AVE S FEDERAL WAY, WA 98003 AT&T Mobility 16221 NE 72nd Way Redmond, WA 98052 Teri Battstone - Phone: (206) 342-6390 View #: 1 GoodrnanNetworks IS at&t ��rirrc,c r,r.�xi. -fir DArrend December 12, 2011 Tor any pout rJt uu uuuuil uC rii Li poi isp. iviV iIVu;: v, �....,. .. a.. ...� f....y........ ...------ - - - actual living tree. The final installation wilt have tables, pt]le ports, and various attachments, such a5 antennas, Hors, and be while every eHnrt will be made to disguise these COmpo hey will not be readily apparent tot the casual obsemr or passerby. However. upon closescruliny, she true nature of the installation will be apparent FtEV: Prepared by; 1?acific Telecom Services, LLG 3199 C Airport Loop Drive, Costa Mesa, CA 92626-3414 I SU08 FEDERAL WAY SEATAC MALL 2611 20TH AVE S FEDERAL WAY, WA 98003 AT&T Mobility 16221 NE 72nd Way Redmond, WA 98052 Ter[ Battatone - Rhone: (206) 342-6390 tDlh—.d. GoodmanNetworks at&t Vilaw *.- 2 December 12, 2011 The illustration above is a representation of the proposed project based on information provided by the client, Actual construction may vary aepenaenton appruveu N:a„- -- --- • •- -- - - - - for any post production design changes. Monotree disclaimer: (In the event that the proposed installation includes a monotree) The proposed installation is an artistic representation of a tree, and not intended to be an exact reproduction of an actual living tree. The final installation will have cables, cable ports, and various attachments, such as antennas, nuts, and bolts. While every effort will be made to disguise these components, they will not be readily apparent to the casual observer or passerby. However, upon close scrutiny, the true nature of the installation will be apparent F= r REV: Prepared by: CJL pacific Telecom Services, LLC A � 3199 C Airport Loop Drive, Costa Mesa, CA 92626-3414 EXISFING BUILDING '1 E70STTNG BUILDING EXISTING BUILDING EX STING BUILDING m mm % rrr, rir..rirr..r/ rririr/� EXISTING BUILDING EIOSANG PARKING AREA EXSTING BUILDING EXISTING PARKING AREA S 316TH STREET PROPERTY LINE I ® f to EX45i1NG 9 PARKING Lar a EXISTING 69 ! �!! RI ►I 160 70 EXISTING pyl�ryT, p,y� =_ s BUILDING w ■ o _ ; r r ua r r S 316TH PL a r lot E3 r ! EXISTING AT&T EQUIPMENT ROOM LOCATED ON GROUND FLOOR `EXISTING PARKING FRFA� EXISTING BUILDING I r C= ZEXTSRNG p"'No mrA7 EXISTING BUILDING S 318TH PL 24"x36" SCALE: 1` = 1D0'-O" 11'x17' SCALE, 1" = 200'-0" 1 THE INFORMATION CONTAINED IN THIS 5ET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. LING PARKING AREA ■ PROPERTY UNE Ilk 58'-7" `EXISTING VACENi LOT7 v.)w Z W H N S 314TH STREET EXISTING EXISTING BUILDING i BUILDING SUBJECT PARCEL E N Z E"SONG > PARKING AREA Q x H- M N AT&T PROPOSES 70 MODIFY AN EXISTING UNSGFFED TELECOMMUNICJO7DN FACILITY BY REPLACING A TRI-POD ANTENNA MOUNT ACCOMODATING (3) ANTENNAS, WITH A NEW ANTENNA SCREENIYAU. ENCLOSURE ACCOLIODATING (3) LTE ANTENNAS. (6) RRH UNITS AND (1) RAYCAP SQUID. AT&T ALSO PROPOSES (1) LTE EQUIPMENT RACK MOUNTED WTHM AN D=NG AT&T EMPMENT AREA LOCATED AT GROUNO FLEXOR WITHIN EQE TNG BUILDING. EXISTING BUILDING EXISTING BUILDING EXISTING BUILDINGl m2an BUILDING LEGEND SUBJECT BOUNDARY UNE RIGHT-OF-WAY CENTERUNE RIGHT-OF-WAY LINE ADJACENT BOUNDARY LINE SECTIONAL BREAKDOWN LINE OVERHEAD POWER UNE BURIED POWER LINE BURIED GAS UNE OVERHEAD TELEPHONE UNE BURIED TELEPHONE LINE BURIED WATER UNE BURIED SANITARY SEWER BURIED STORM DRAIN DITCH LINE/FLOW LINE ROCK RETAINING WALL VEGETATION LINE CHAIN LINK FENCE WOOD FENCE BARBED WIRE/WIRE FENCE TRANSFORMER -(?- FIRE HYDRANT T1 LIGHT STANDARD 14 GATE VALVE © POWER VAULT IS WATER METER ® UTILITY BOX jQ FIRE STAND PIPE jor UTILITY POLE ❑ CATCH BASIN, TYPE I E— POLE GUY WIRE @ CATCH BASIN, TYPE II M GAS VALVE a SIGN 13 GAS METER BOLLARD ED TELEPHONE VAULT MAIL BOX o TELEPHONE RISER 234.21 SPOT ELEVATION PAINT NOTE: PROPOSED AT&T ANTENNA SCREEN WALL ENCLOSURE TO BE PAINTED AND TEXTURED TO MATCH EXISFMG BUILDING PARCEL NUMBER(U- 0921049291 LEGAL DESCRIPTION: LOT 1. KING COUNTY SHORT PLAT NO. 286028 RECORDED UNDER RECOFJ)WC NO- 8701060715 W KING COUNTY. WASHINGTON, BEING A SHORT PLAT OF LOT 2, KING COUNTY SHORT PLAT NO 778DGD, RECORDED UNDER RECORDING NO 7902220525, BMNC A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 FAST. W.M. RECORDS OF XING COUNTY, WASHINGTON; TOGErHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER. UNDER AND ACROSS TRACT 'X" AS DEIJNFATED ON AND DESCRIBED IN SAID KING COUNTY SHORT PUTT NOS. 77BOSO AND 25W28; EXCEPT AND PORTION OF SAID EASEMENT LYING WITHIN THE ABOVE DESCRIBED MAIN TRACT. SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. VICINITY MAP .;v v Way 5 91.7-, ' • � B FSwr GI SIC F ..•-n• � 37trQ,9 Y law�mxA� R.a ueat,. 11 s �,aF 67411Rw ah-mww RECEIVED !U F FEDEW SITE PLAN I 1 at&t Your world. PACIFIC TELECOM SERVICES, LLC U O N 0 rw V J � W 07 a O ~O J N Q Q UO Ld M U1 0 u- Wn F� w REVISIONS NO. DATE DESCRIPTION INITIAL A 1P/OR/11 ISSUED FOR PCO REVIEW OB 0 1D/13/1 I411iD FOR FNAL TAIBIROCIIOP NL NOT FOR CONSTRUCTION UNLESS LABELED AS CONSTRUCTION SET SHEET TITLE SITE PLAN SHEETT NUM1BER EAET J USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES M STRICTLY PROHIBITED. 111 S Jackson St, 2^d Floor Seattle, WA 98104 (206) 342 9000 20 March 2012 City of Federal Way Department of Community Development Services 33325 8th Avenue South Federal Way, WA 98003-6325 RE: Process I Application Narrative — AT&T site modification — SU08 Federal Way SeaTac Mall Site Address: 31611 20th Avenue S, Federal Way, WA Dear Sir or Madam, Enclosed please find an the Master Land Use Application and six 6) sets of drawings for a proposed AT&T modification to an existing wireless site located at 31611 20t Avenue S, APN 0921049291. The proposed modification consists of the replacement of tripod antenna mount with a new antenna screenwall along with the addition of (3) new LTE antennas, (6) remote radio heads, (1) Raycap Suppression Unit, and ancillary equipment to the existing cabinet in a City Center — Core (CC-C) zone. No height increase proposed. Proposed modifications do not change the use of the existing facility. Project is exempt from SEPA and there is no reduction, material change or adverse impact to landscaping, parking, utilities, approved architectural design, or environmentally critical areas as defined by FW RC 19.145. The proposed screenwall will be made out of a RFP material and will be painted to match the architecture of the building. The proposed antennas will not be seen from public view. The modification will not result in a change in visual impact, and is part of a technology upgrade being performed on AT&T/New Cingular Wireless's network, in order to improve service to its customers and strengthen reliability and capacity in its network. The construction valuation is $15,000. Enclosed with this narrative you will find: • Master Land Use Application • Applicable Fees - (6) copies of the site plan folded - (6) copies of existing/proposed elevations folded Color & Materials Indicators (photos) Please let me know if you require further information to process this application. Sincerely, 1 7and Ausink RECEIVED ur se Planner 0 Telecorry ervices APR 19 2012 3 (206)446-0448 CITY OF FEDERAL WAY CDS SITE NUMBER: WA-865-01 SITE NAME: Katie Rose COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") dated as of 17flrZ6" ti , 2005, is between New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a Cingular Wireless ("Lessee"), whose address is 2445 —14Wt Avenue NE, Suite 202, Bellevue, W ashington 98005, and PIRAMCO FEDERAL WAY INC., a Washington eorporatlon("Lessor"), whose address is 24437 Russell Road, Suite 240, Kent, WA 98032. The parties hereto agree as follows: 1. Premises. Lessor represents that Lessor owns the real property legally described in Exhibit "A" commonly known as 31611 20`' Avenue S., FederaI Way, WA 98003 (Assessor's Parcel Number 092104-9291-01). Subject to the following terms and conditions, Lessor leases to Lessee that portion of Lessor's property ("Lessor's Property") approximately 160 square feet of space (8'X16') in storage room, rooftop space for antennas and ancillary equipment as depicted in Exhibit "B", including any applicable easements for access and utilities (the "Premises"). 2. Use. The Premises may be used by Lessee for any lawful activity in connection with the provision of mobile/wireless communications services, including without limitatlon, the transmission and the reception ofradio communication signals on various frequencies and the construction, maintenance and operation of related communications facilities. Lessor agrees, at no expense to Lessor, to cooperate with Lessee in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Condition Precedent. This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining an governmental licenses, permits and approvals enabling Lessee, or its assigns, to construct and operate mobile/wireless communications facilities on the Premises. 4. Term. The term of this Lease ("Term") shall be five (5) years commencing with the date Lessee commences construction of its mobile/wireless communications facilities on the Premises, excluding preliminary testing, survey and utilities work (the "Commencement Date"). Lessee shall have the right to extend the Term of this Lease for five (5) additional Terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Lease shall automatically be extended for each successive five (5) year Renewal Term unless Lessee -notifies Lessor in writing of Lessee's intention not to extend this Lease at least thirty (30) days prior to lie expiration of the first five year Term or any Renewal Term. 5. Rent. (a) Lessee shall pay Lessor as rent the sum of Sixteen thousand eight hundred Dollars "Rent") per year, in advance. Lessee's first annual Rent payment is due to Lessor within thirty (30) days after the Commencement Date. Thereafter, annual Rent payments are due on the anniversary of the Commencement Date. Notwithstanding the above, Lessor must provide Lessee with signed and completed Substitute W-9 and Payment Direction forms before any payments are due to Lessor under this Lease. Rent payments will be delivered as indicated in the Payment Direction form. If this Lease terminates before the end of any lease year, Rent shall be prorated for the final year and Lessee shall be entitled to a refund of the unearned portion of the prepaid Rent (h) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to - of the Rent for the previous year. 6. Im2rovements: Access. (a) Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease and prior to the Commencement Date, to enter the Premises for the purpose of malting necessary inspections and engineering surveys and other reasonably necessary tests, excluding soils tests (collectively "Tests") to determine the suitability of the Premises for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Lessee's Facilities. During any Tests or pre -construction work, Lessee will have insurance as set forth in Section 12, Insurance. Lessee will notify Lessor of any proposed Tests or pre -construction PBWM Lem Fmm 3/2004 4- APR 19 2012 CITY OF FEDERAL. WAY CDS — SITE NUMBER: WA 865-01 SITE NAME: Katie Rose work and will coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease will terminate. (b) Lessee has the right to construct, maintain, install, repair and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennae and supporting structures and improvements ("Lessee's Facilities") provided that such work is carried out in an expeditious manner and provided that it does not materially interfere with the Lessor's business. In connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Lessee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Lessee shall have the right to install any warning signs on or about the Premises required by federal, state or local law. RF warning signs will only be located at the rooftop access and on antenna equipment and base station equipment. Lessee shall have the right to install additional warning signs as required by applicable law, subject to Lessor's approval of the location of the signs, which approval will not be unreasonably withheld so long as the signs do not unreasonably interfere with Lessor's hotel business. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee or its equipment lessors or assigns. Lessee's Facilities shall not be considered fixtures. Lessee shall remove any or all of Lessee's Facilities at its sole expense on or before the expiration or termination of this Lease. (c) Lessor shall provide Lessee, Lessee's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Lessee. Lessor represents -and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain, install and operate Lessee's Facilities on the Premises, and to remove them therefrom. Lessee's exercise of such rights shall not cause undue inconvenience to Lessor or its guests. Lessee shall ensure that all of its employees and agents who work on Lessor's Property are bondable. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access. Lessor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Lessee's use of such roadways. if Lessee causes any such damage, it shall promptly repair some. (e) Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power). Subject to Lessor's approval of the location, which approval shall not be unreasonably withheld, Lessee shall have the right to place utilities on (or to bring utilities across) Lessor's Property in order to service the Premises and Lessee's Facilities. Upon Lessee's request, Lessor shall execute recordable easement(s) evidencing this right. (fl Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. Lessee may connect electric lines and submetering equipment to Lessor's utility services on the Property at Lessee's sole expense. Lessee shall pay, as additional Rent, Lessor's cost for the electric utility service which is used by Lessee on the Premises (the "Utility Charge"). Lessee shall pay the estimated Utility Charize in advance together with Rent payments. The parties estimate the Utility Charge will be r. Once per year during the lease term, either party may calculate the actual Utility Charge for the immediately preceding twelve (12) months based on the readings from the submeter on the Property. If the actual Utility Charge varies from the estimated Utility Charge paid, the parties shall: (a) adjust the future estimated Utility Charge payment to reflect Lessee's actual usage, and (b) pay any overpayment or underpayment for the prior twelve (12) months to the appropriate party within thirty (30) days after notice of the readings and calculations. (g) Upon the expiration, cancellation or termination of this Lease, Lessee shall remove Lessee's Facilities and surrender the Premises to Lessor in good condition, less ordinary wear and tear. PBWN Lease Form 3/2004 -2- SITENUMBER: WA-865-01 SITE NAME: Katie Rose 7. Interference with Cammunications. Lessee's Facilities shall not disturb the communications configurations, equipment and frequency which exist on Lessor's Property an the Commencement Date ("Pre-existing Communications"), and Lessee's Facilities shall comply with all non-interference rules of the Federal Communications Commission. If Lessor installs a franchise management communications system ("System") on the Property after the Commencement Date, and if there is any interference between Lessor's System and Lessee's Facilities, Lessor and Lessee shall cooperate using commercially reasonable efforts to resolve such interference. Except as set forth in the preceding sentence, Lessor shall not permit the use of any portion of Lessor's Properly in a way which interferes with the use of the Premises described in Paragraph 2, above, and such interference with Lessee's communications operations shall be deemed a material breach by Lessor. Lessor shall promptly terminate the interference that causes the material breach. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to Lessee, and therefore, Lessee shall have (i) the right to bring action to enjoin such interference and (ii) the right to terminate the Lease immediately upon notice to Lessor, in addition to any other rights or remedies at law or in equity. Notwithstanding the foregoing, Pre-existing Communications operating in the same manner as on the Commencement Date shall not be deemed interference. Lessee acknowledges that Lessor provides on Lessor's Property television service and a wireless local area network service using unlicensed frequencies, both of which shall be deemed Pre -exiting Communications under this Lease. S. Taxes. Lessee shall pay personal property taxes assessed against Lessee's Facilities and Lessor shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises or this Lease. 9. Termination. (a) This Lease, in addition to any other remedies which may be pursued in law or in equity, may be terminated by either party upon a material default of any covenant, condition, or terns hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default. This Lease may be terminated by Lessee without further liability for any reason or for no reason, provided Lessee delivers written notice of termination to Lessor prior to the Commencement Date. (b) This Lease may also be terminated by Lessee without further liability on thirty (30) days prior written notice (i) if Lessee, is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority, thus, restricting Lessee from installing, removing, replacing, maintaining or operating Lessee's Facilities or using the Premises in d-ie manner described in Paragraph 2 above; or (ii) if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference. 10. Destruction o Pr i If the Premises or Lessor's Property is destroyed or damaged so as in Lessee's judgment, to hinder its effective use of Lessor's Property, Lessor shall use its best efforts to make available to Lessee within five (5) days a temporary site on Lessor's Property (or on other property owned or controlled by Lessor) which in Lessee's sole discretion is equally suitable for Lessee's use. Lessee may construct, operate, and maintain, substitute Lessee's Facilities thereon until Lessee's Facilities are fully restored and operational on the Premises. Rent shall abate in full during any time that Lessee is unable to operate Lessee's Facilities on Lessor's Property. Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying Lessor no more than 30 days following the date of damage or destruction. Any temporary site of the Lessee shall be subordinate in location or priority to any reconstruction effort by Lessor; once a temporary site ' has been selected by Lessor and Lessee, Lessor may not relocate the temporary site. 11. Condemnation. If a condemning authority takes all or a portion of Lessor's Property, which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then Lessee may terminate this Lease as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation (which for Lessee shall include, the value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses, bonus value of the lease and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated -as a taking by a condemning authority. PBWN Lease Form 3/2004 -3- SITENUMBER: WA-865-01 SNENAME: Katie Rose 12. Insurance. Lessee shall maintain the following insurance: (1) Commercial General Liability with limits of $5,000,000.00 per occurrence, covering Lessee's use, occupancy and operations on the Premises; (2) Automobile Liability with a combined single Iimit of $1,000,000.00 per accident; (3) Workers Compensation as required by law; and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. Each party to this Lease shall each maintain standard form property insurance ("All Risk" coverage) equal to at least 90% of the replacement cost covering their respective property. Each party waives any rights of recovery against the other for damages or loss due to hazards covered by their property insurance and each party shall require such insurance policies to contain a waiver of recovery against the other. Lessee shall name Lessor as an additional insured with respect to the above Commercial General Liability insurance. Lessee shall have the right to self insure with respect to any of the above insurance. 13. Assianment. Lessee may assign this Lease at any time upon notice to Lessor. 14. Title and Quiet Enmooyment. (a) Lessor represents and warrants that it has full right, power, and authority to execute this Lease. Lessor fw1her warrants that Lessee shall have quiet enjoyment of the Premises during the Term of this Lease or any Renewal Term. Lessor hereby represents and warrants that it has obtauied all necessary approvals and consents, and has taken all necessary action to enable Lessor to enter into this Lease and allow Lessee to install and operate Lessee's Facilities on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Lessor's Property. (b) Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease immediately upon written notice to Lessor. 15. Repairs. Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee, its employees, agents, contractors or subcontractors. 16. Environmental. Lessor represents that the Premises have not been used for the generation, storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on or near the Premises. Notwithstanding any other provision of this Lease, Lessee relies upon its own investigation as a material inducement for entering into this Lease. 17. Miscellaneous. (a) Notices shall be in writing and shall be delivered to: Lessee: with a cop to: and with a copy to: Cingular Wireless Lease Administration Counsel — West Region Cingular Wireless 6100 Atlantic Boulevard Cingular Wireless 2445 — 140« Avenue NE I" Floor 3345 Michelson Drive Suite 202 MailCode: GAN02 Suite 100 Bellevue, WA 98005 Norcross, GA 30071 Irvine, CA 92612 Attu: Property Manager and to Lessor, Attn: Scott Brown, to the address given at the beginning of this Lease, or to the address specified in the most recent written notice of any change in address. Delivery of notices shall be made by hand, U.S. mail return receipt requested or reliable overnight courier. PBWN Lease Foam 3/20% 4- SITE NUMBER: WA-865-41 SITE NAME: Katie Rose (b) If Lessee is to pay Rent to a payee other than the Lessor, Lessor shall notify Lessee in advance in writing of the payee's name and address. (c) The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. (d) If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest' extent permitted by law. (e) Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or expiration ofthis Lease will so survive. (i) This Lease shall be governed under Washington law, and be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (g) Upon request, either party may require that a Memorandum of Lease attached as Exhibit "C" be recorded confirming the (i) Lease commencement, (ii) expiration date of the Term, and (iii) the duration of any Renewal Terms. (h) This Lease shall be subordinate to all existing and future mortgages and deeds of trust on the Lessor's property and to all extensions, renewals or replacements thereof. At least thirty (30) days before the date Lessor submits an estoppel certificate or a subordination, nondisturbance and attornment agreement to Lessee, Lessor shall give Lessee written notice of its intent to submit such document(s) to Lessee ("Notice of Financing"). The Notice of Financing will include Lessor's understanding of the then -current business terms and potential defaults under the Lease, so Lessee may commence its research into the existence, terms and status of the Lease. Lessor may not require Lessee's signature on any estoppel certificate or any subordination, nondisturbance and attomment agreement until at least thirty (30) days after Lessee's receipt of the Notice of Financing. Within ten (10) days of Lessor's request therefore, Lesser shall promptly execute and deliver all instruments or certificates. which may be necessary or appropriate to reflect such subordination of this Lease. Notwithstanding the foregoing, however, Lessee shall not be required to subordinate to future mortgages or deeds of trust unless the mortgagee or beneficiary under the deed of trust agrees that if it becomes the owner of the Lessor's premises, it will recognize the Lease as long as Lessee is not in default hereunder. Within ten (10) days of Lessor's request therefor, Lessee shall promptly execute and deliver to third parties designated by Lessor an Estoppel certificate or Ietter in the form requested by Lessor or its lender that correctly recites the facts with respect to the existence, terms and status of the Lease. Lessee agrees to attorn to Lessor's successor following any foreclosure, sale or transfer in lieu thereof (i) This Lease constitutes the entire Lease between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Lease must be in writing and executed by both parties. FBWN Lease Form 312004 -5- SYTE NL MBER: WA-865-01 SITE NAME: Katie Rose IN WITNESS WHEREOF, the parties have entered into this Lease effective as of the date first above written. LESSOR: PIRAMCO FEDERAL WAY INC. By. Milstaq Pirani �((O; Title [Notary acknowledgments attached on following pages.] PSWN Lease Form 312004 -6- LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a Cingular Wireless By;) E. Don �cLevd Executive Director of Network Services SITEMIMBER: WA-865-01 SITE NAME: Katie Rose LESSOR'S - ACKNOWLEDGEMENT: STATE OF WASHINGTON ss. COUNTY OF � ) 1 certify that I know or have satisfactory evidence that Mustag Pirani is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the C of PIRAMCO FEDERAL WAY INC., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 'T 6 5 (Signature of Not ) (Legibly Print or Stamp Name of Notary) Notary Public in and for the Statq of Washington My appointment expires: S G .i v�r of '�vtA V4&\/ I W A CINGULAWS ACKNOWLEDGMENT: STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that E. Don MacLeod is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Executive Director of Network Services of ,NetJ Cingular Wireless, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 4 P ,") 'zoo S- 1 Iqr s ttfff ,� r�% i do Ii++TT • a — (5 atur Notary La- _ n (Legibly Print or Stamp Name of Notary) Notary Public in and for the Stale of Wash ingtoa My appointment expires: PBWN Lease Form 312004 -7- SITE NUMBER WA-865-01 SITE NAMEa, Katie Rose EXHIBIT A LEGAL DESCRIPTION OF LESSOR'S PROPERTY Lessor's Property, situated in the County of King, State of Washington, of which the Premises are a part, is Iegally described as follows: Legal Description: (1ype or copy the full legal description from the title report, or check here 0 and attach survey as Exhibit A, Page 2) Lot 1 Xing County Short Plat No, 266028, recorded under: Recording No S7G10607154 in King Co=ty, Wask;Ington, being a Short Plat of Lot 2, King County .Short Plat No, 778060, recorded tinder Rec*x'&ng No. 7902220629. being a portion of the Southwest qua_tev of tl4e S6uthwest quarter of Section 9. Township 21 North, Range a East, 'W-M. , records of King County. Washington; Together with an easement for ingress, egress -arid utilities over, under and across Tract 0XII as delineated on and described in said King Coumty "ort Plat Nos. ' 780160 and 266028; EXCE12T any potion of said easement lying within the above -described grain tract. Situate in the County of King, State of Washington. PBWN Lease Poem 312004 -1- SITENUMBER: WA-865-01 SITE NAME: Katie Rose EXHIBIT B DESCRIPTION OF PREMISES The Premises consist of those areas described/shown below and where Lessee's communications antennae, equipment, cables and utilities occupy Lessor's Property. The Premises and the associated utility connections and access, including easements, ingress, egress, dimensions, and locations as described/shown below, are approximate only and may he adjusted or changed by Lessee at the time of construction to reasonably accommodate sound engineering criteria and the physical features of Lessor's Property. (Insert drznving of Site below, or check here M and attach drawing as Exhibit B, Page 2.) 31611 20e Ave. South A final drawing, Site Plan, or copy of property survey substantially depicting the above will replace this Exhibit `V' when initialed by Lessor. Nalej 1. This Exhibit may be replaced by a land survey or site pm of the Premises once it is received by Lessee. 2. setbac3: of the premises from the Lessor's boundaries shall'be the distance reVired by the applicable govemnicatal antbgrities. 3. Width of access road shall be the width required by the applicable government] authorities, including poloce and fire departments. 4. The type, number and mounting positions and locations of ar =as and transmission, lines are illustrative only. Actual types, numbers, mounting positions may vary frurn what is shown above. SITENUMBER; WA-865-01 SITE NAME; Katie Rose Exhibit B (page 2 of 2) a osrv� Not to Scale RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO; CINGULAR WIRELESS 2445 —140" Ave. NE, Suite 202 Bellevue, WA 98005 Grantor: Grantee: Legal Description: Assessor's Tax Parcel ID No.: Site Number & Name: MEMORANDUM OF LEASE PIRAMCO FEDERAL WAY INC, a Washington corporation New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a Cingular Wireless Lot 1, KCSP 8701060715 (abbreviated legal) Official legal description attached as 1✓xhibit 092104-9291-01 WA-865-01 Katie Rose This Memorandum of Lease is made by and between New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a Cingular Wireless, whose address is 2445 — 14& Avenue NE, Suite 202, Bellevue, Washington 98005 (hereinafter referred to as "Lessee"), and PIRAMCO FEDERAL WAY MC., a Washington corporation, whose address is 24437 Russel] Road, Suite 240, Kent, WA 98032 (hereinafter referred to as "Lessor"). R>E;C WHEREAS, Lessor and Lessee have executed that certain Communication Site Lease Agreement ("A Bement") dated as of M4f 06.2:)- 2005, covering certain premises ("Premises") situated on certain real property located in the County of King, State of Washington, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference; and records; WHEREAS, Lessor and Lessee desire to record notice of the Agreement in the Bounty's official NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as follows: 1. Demise. Lessor has leased Premises to Lessee (together with access rights), and Lessee has. hired the Premises from Lessor, subject to the terms, covenants and conditions contained in the Agreement for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. Exhibit C -Cl- Of 2. Expiration Date. The term of the Agreement is scheduled to cornmence upon the start of construction and shall expire five (5) years thereafter, suWect to Lessee's option to extend the term for five (5) additional terms of five (5) successive years each. 3. A regiment Controllin . This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease. LESSOR: PIRAMCO FEDERAL WAY INC. By: Mustaq Pirani GB'r Tile Exhibit C LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a Cingular s By- E. Don eoc3 Executive Director of Network Services _C2- LESSEE ACKNOWLEDGMENT: STATE OF WASIUNGTON ) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that E. Don MacLeod is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of Network Services of New C,�-jv Jar Wireless, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 11 0, t aM ��+�11 r ,w �fJ'���15111i�1LNy��V� -•• (Legibly Print or Stamp Name of Notary) Notary Public in and for the State f Wa bington My appointment expires: �4�Df LESSOR ACKNOWLEDGMENT - REPRESENTATIVE CAPACITY: STATE OF WASIIINGTON ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that Mustaq Pirani is the person who appeared before me, and said person acknowledged that said person signed this mstraqent op oath stated that said person was authorized to execute the instrument and acknowledged it as the [Za)f _ - _ of PIRAMCO FEDERAL WAY INC., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrumnn DATED: Exhibit C (Legibly Print or Stamp Name of Notary) Notary Public in and for the Stat of ashington M appointment expires: �3 �6 1NA EXHIBIT A LEGAL DESCRIPTION OF LESSOR'S PROPERTY Lessor's Property, situated in the County of King, State of Washington, of which the Premises are a part, is legally described as follows: Legal Description: (Type or copy the full legal description from the title report, or check here ❑ and attach survey as Exhibit A, Page 2.) Loot 1, King County Short Plat NO, 286028, recorded under Recording No. M10607LS, in King County. Nashington, being a Short Plat of Lot 2, Xingu County Short Plat No_ 778060, recorded under Recording No. 7902220625, being a portion Of the Southwest quarter of the Southwest quarter of Section 9, Township 21 North, Range 4 East, K.M., records of King County; Waishsngton, Together with an easement for ingress, egress and utilities over:. under and across Tract "XII as delineated on and described in said King County Short Plat Nos. 779060 and 2986028; SXCSPT any potion of said easement lying within the above=described main tract. Situate in the Caurkty of icing, State of Washington. Exhibit C Sunny Ausink From: Rebecca Chapin <Rebecca.Chapin@cityoffederalway.com> Sent: Monday, November 21, 2011 3:56 PM To: Sunny Ausink Subject: RE: Modifications to existing AT&T sites in Federal Way Hi Sunny, If you can't get a signature, we would accept an email or letter from the property owner that approves and/or acknowledges that work is being done on the property. That can be an email sent to the owner letting them know the site is being updated and response. If you are not required to notify the property owner of such work, then the existing lease agreement would be alright. Please feel free to contact me if you have questions. Thanks, Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253-835-2641 From: Sunny Ausink [mailto:sausink@ptswa.com] Sent: Monday, November 21, 2011 8:28 AM To: Rebecca Chapin Subject: RE: Modifications to existing AT&T sites in Federal Way Hi Becky, For the master land use application, will the city require the property owner to sign the application or can we use an existing lease to show that AT&T has an agreement with the property owner as these are all existing sites? Thanks, Sunny Ausink LEA AP I PTS Land Use l-fanner l 206-446-0448 mobile 1206-342-6390 dlrecl I Email: Sausinkp utswa.com 206-903-8513 sax I wvww. tswaXofrl SWZ S. Jackson Street, 2r:d Floorl Seattle, WA 981-04 Please consider the environment before printing this e-mail From: Rebecca Chapin [ma ilto: Rebecca. Cha pi n@cityoffederalway.com] Sent: Tuesday, November 08, 2011 2:10 PM To: Sunny Ausink Subject: RE: Modifications to existing AT&T sites in Federal Way Hi Sunny, APR 19 2012 CITY OF FEDERAL WAY CDS For the pre-app you will need to provide a preliminary site plan and project narrative for each proposal. An explanation of each proposal, whether that be for additional antennas or height increase, and a site plan for all the proposed sites will be reviewed by the internal Development Review Committee for the pre-app. We will do two different pre-apps as discussed, one for antennas in the Right - of -Ways and another for site within private property. See comments from Planning Manager Isaac Conlen, regarding the meeting of AT&T sites below. Please let me know if you have any additional questions. Thanks, Becky Chapin Assistant Planner Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253-835-2641 Hi Becky, see my comments below to Ken Lyons on the AT&T upgrades. We discuss having three pre-apps. I'm fine going down to two as you and I discussed earlier. From: Isaac Conlen Sent: Wednesday, October 12, 2011 4:39 PM To: 'Ken Lyons' Subject: RE: AT&T/Federal Way Meeting - Monday, October 10th, 10am Hi Ken, good talking with you and Stacey the other day. I've added a few comments to your notes - see below. We look forward to working with you on these projects. Regards, Isaac From: Ken Lyons imailto:ken. lyons@wirelesscounsel.coml Sent: Monday, October 10, 2011 5:59 PM To: Isaac Conlen Subject: Re: AT&T/Federal Way Meeting - Monday, October 10th, 10am Good afternoon Isaac: Thank you for meeting with me and Stacy Smith (PTS) this morning to discuss ATV's planned upgrade to its facilities in Federal Way. Below are some meeting notes: As discussed, the City of Federal Way's code is very discretionary — latitude is given to the Director to determine is the impacts are significant, and what screening techniques, antenna sizes, etc. may be used. I understand from you that the City has not been interpreting these sections in an overly restrictive way in the past. Generally speaking, previous generations of upgrades have been allowed to proceed without radical changes to design or screening regimens. Correct, although most of the previous upgrades we've processed have not been as significant in scale. Pursuant to FWRC 19.15.030, some of our applications (where SEPA is not involved) may be processed as a Type 1, essentially a modification to a previous approval and not a brand new approval. As I said I would look into this. i read through the PWSF code again. FWRC 19.255.020(9) states "Use zone charts, height and permit process.(a) The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts.... I take this to mean that FWRC 19.15.030 is not applicable to PWSF applications (although it applies to all other sections of code and uses). I don't think it results in a much different outcome. For all those applications that require SEPA, the land use review process automatically jumps to Use Process (UP) Ill. For those that don't, the land use process in the charts is either UPI or UPIL Both UPI and UPII are administrative reviews. Let me know if you have any questions on this. It is my understanding that the "Prioritized Locations" (19.255.010(4)) justification will not apply because it was intended for brand new sites. Our applications will include a short, conclusory statement to that effect to document the City's position on these requirements. Understood. • Photosimulations and a justification on antenna size (up to 8' in height for the LTE antennas) will be necessary as part of your analysis of visual impacts, and the Director's discretion on the number and size of the antennas. That should be fairly simple to do. As discussed, the frequencies that AT&T is using to provide LTE service (700 MHz band) require antennas that are up to 8' in height, larger than the antennas that AT&T has typically used for other technologies it has deployed (GSM, 3G, UMTS). Yes. It is our understanding that the City would like to have preapplication meetings, and that they could be combined for types of facilities (as opposed to individual preapplications for each site). We were going to propose one for utility pole installations (4 total), rooftops (2 total), and one special case (light standard replacement). Perfect. We will hold all three on the same day. We usually reserve and hour for each pre-app, but I expect we could do all three of yours in an hour plus. Most of the comments will be from Planning, maybe some from Building Division. Public Works, Fire and Lakehaven (utility District) will not have many comments. Please let me know if I missed anything or if there are any other efficiencies that can be gained as we begin the application submittal process. We look forward to working with you. Best regards, Ken Lyons Jurisdictional Relations Director, PNW, LTE Busch Law Group PLLC (206) 227-0020 mobile (425) 483-1070 fax ken.lyons@wireJesscounse[.com From: Sunny Ausink fmailto:sausinkC@ptswa.coom Sent: Monday, November 07, 2011 11:31 AM To: Rebecca Chapin Subject: Modifications to existing AT&T sites in Federal Way Hi Becky, Thank you for speaking with me last week. Below are a list of sites that I am working on for AT&T. I have broken them down in categories of utility poles, rooftops, monopoles, lattice towers and water tank. I was told that the City of Federal Way will require photosims/drawings for the pre -application meetings for utility poles and rooftop sites. Please confirm if this is indeed correct. Will I need to go through a pre-app for the existing monopole, lattice towers, water tank sites as well? I am sorry for bombarding you like this. I just want to make sure that I am on the same page as everyone else since I was not at that meeting with the City. UtilityLoles. SS63 Adelaide— site address: 1216 SW Dash Point Rd SS64 Lakota PSE— site address: 2629 SW 308th Street SS65 Dumas Bay— site address: 47th Ave SW & Dash Point Road SS66 Federal Way Decatur— site address: 31031 215Y PL SW Lattice Towers: SS40 Aquatic Center (BPA transmission tower) — site address: 650 SW Campus Drive SSO4 Federal Way —site address: 1622 S. 344th Street Rooftops: SS81 Weyerhaeuser— site address: 33930 Weyerhaeuser Way S. SU08 Federal Way Seatac Mall— site address: 3161120th Ave SW _Monopole: SS19 Mirror Lake — site address: 31617 First Avenue S. SS67 Federal Way East— site address: S. 330th & 24th Ave S — APN#162104-9037 Water Tank: SS62 Federal Way Buena— site address: 30929 8th Avenue S. Thank you in advance for all your help. Sincerely, Sunny Ausink LED AP I PTS Land Use Planner 1206-446-0448 mobile j 20 a-342-6390 direct I Emaii; saus'[nk dtswa.Snm 206-903-8513 pax j M ,vw.ptswa.cam 111 S. Jackson Street, 1 d Floor Seattle, VVA98104 Please consider the environment before printing this e-mail 4 Sunny Ausink From: Teri Battstone Sent: Thursday, December 22, 2011 11:03 AM To: Sunny Ausink Subject: FW: WCP: 82266 31611 20th Ave., SW, Federal Way, WA SU08 SeaTac Mall Hi Sunny, Here you go for SU08. Thanks, Teri Battstone Site Acquisition Mobile. 206-406-8112 Desk. 206-342-6386 WA 98I04 Email. tbattston @tswa.com I www.12tswa.com From: Rosemary Woodbury mailto:rwoodbu wirelessca ital.com Sent: Thursday, December 22, 2011 11:02 AM To: Teri Battstone Subject: RE: WCP: 82266 31611 20th Ave., SW, Federal Way, WA SU08 SeaTac Mall Approved From: Teri Battstone ImailtofthattstoneOptswa.com Sent: Thursday, December 22, 2011 10:48 AM To: Rosemary Woodbury Subject: RE: WCP: 82266 31611 20th Ave., SW, Federal Way, WA SU08 SeaTac Mall Hi Rosemary, Would you please reply with "approved"? Wireless Capital Partners approves/authorizes AT&T to begin the permitting process in -line with the amendment/leasing that we are working with you on currently for the AT&T upgrade. It is understood that AT&T will not begin any work until all necessary paperwork, permitting, etc. is obtained. Once we receive your approval, the city will move forward with the permitting piece. Again, we are unauthorized to begin any work until we have the fully executed agreement and all necessary permitting, etc. Thank you! Teri Battstone RECEIVED Site Acquisition ! Mobile.206-406-8112 APR 19 201Z Desk. 206-342-6386 111 S. Jackson Street 2nd Floor Seattle WA 98104 CITY OF FEDERAL_ WAY Email. tbattst n tswa.com I www.ytswa.com CDS From: Teri Battstone Sent: Monday, December 12, 2011 9:29 AM To: 'Rosemary Woodbury' Subject: RE: WCP: 82266 31611 20th Ave., SW, Federal Way, WA SU08 SeaTac Mail Ok will do. Will you please reply with your approval for us to submit for zoning/permitting for this modification? The City of Federal Way requires owner approval to submit the application. Thank you, Teri Battstone Site Acquisition Mobile. 206-406-8112 Desk. 206-342-6386 Email. tbattstone tswa.com I www.ptswa.com From: Rosemary Woodbury m ilto:rwoodbu wire! ital.com Sent: Thursday, December 08, 2011 2:48 PM To: Teri Battstone Subject: RE: WCP: 82266 31611 20th Ave., SW, Federal Way, WA SU08 SeaTac Mall Good Afternoon Teri, I have reviewed the lease and the scope of work on the application. The lease does not provide for adding or expanding the equipment except in connection with constructing the site. The proposed modification will require an amendment to the lease. Please submit drawings, an amendment draft in Word and the $2,500 amendment review fee. Thank you, Rosemary Rosemary Woodbury I SVP of Asset Management I WCP 111900 W. Olympic Blvd., Suite 400, Los Angeles, CA 90064 1 ph: 310.481.87501 fax: 866.448.6206 From: Teri Battstone Sent: Thursday, December 08, 2011 2:33 PM To: Rosemary Woodbury Subject: RE: WCP: 82266 31611 20th Ave., SW, Federal Way, WA SU08 SeaTac Mall Hi Rosemary, Thank you for the email. Please see attached. Our current agreement does not require consent however since it is a rooftop we wanted to request consent as a courtesy. Please waive the fee associated, sign and return to me at your earliest convenience. Thanks again! Teri Battstone Site Acquisition 17 Chi Mobile. 206-406-8112 Desk. 206-342-6386 1T1 S. Jackson Street 2nd Floor Seattle WA 98104 Email. th ttston tswa.com I www.ytswa.com From: Rosemary Woodbury mailto:rwoodb wirelessca i ai.com Sent: Thursday, December 08, 2011 7:11 AM To: Teri Battstone Subject: WCP: 82266 31611 20th Ave., SW, Federal Way, WA SU08 SeaTac Mall Good Morning Teri, I received your consent request letter. Please submit the attached application including scope of work, drawings and any applicable review fees. Thank you, Rosemary Rosemary Woodbury I SVP of Asset Management I WCP 111900 W. Olympic Blvd., Suite 400, Los Angeles, CA 90064 1 ph: 310.481.8750 1 fax: 866.448.6206 4k CITY OF 10'::tSP Federal Way APPLICATION NO(s) 1A —/0 Project Name SU08 Federal Way Seatac Mall �4ECEi�T LAND uSE APPLICATION a1R ENTO>: CO 1'UNITY DEVELOPMENT SERVICES 33325 8"' Avenue South APR 19 2012 PO Box 9718 Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 CITY OF FEDERAL. WAY www.cityoffedaalway.corn COS Property Address/Location 2611 20TH AVENUE S OR 31611 20TH AVENUE S Parcel Number(s) 0921049291 Date 04-18-2012 Project Description AT&T MOBILITY - MODIFICATION TO EXISTING SITES BY UPRGRADING WITH LTE ANTENNAS AND ADDING ANCILLARY EQUIPMENT PER SITE ADDRESSES ABOVE. PLF.ASF. PRINT 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 Required Information CC-C Zoning Designation Comprehensive Plan Designation Value of Existing Improvements $15,000 Value of Proposed Improvements International Building Code (IBC): R-2, S-2 Occupancy Type VA Construction Type Applicant Name: AT&T MOBILITY Address: 16221 NE 72ND WAY, RTC 3 City/State: REDMOND, WA Zip: 98052 Phone: Fax: Email: Signature: Agent (if different than Applicant) Name: SUNNY AUSINK/ PTS Address: 111 S. JACKSON STREET#200 City/State: SEATTLE, WA Zip: 98104 Phone: 206-446-0448 Fax: 206-903-8513 Email: -U& K@PTSWA.COM Signatur Owner Name: Address: City/State: Zip: Phone: Fax: Email: Signature: SEE ATTACHED EMAIL Bulletin #003 — August 18, 2004 Page 1 of I k:\Handouts\Master Land Use Application