12-101572FILE
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
April 24, 2012
Jennifer Taylor
WesTower Communications
7525 24`h Street, Suite #500
Mercer Island, WA 98040
RE: File #12-101572-00-UP; USE PROCESS I `DIRECTOR'S APPROVAL'
Clearwire TAC609,1919 South 324m Street, Federal Way
Dear Ms. Taylor:
The City of Federal Way's Community and Economic Development Department has completed an
administrative land use review of the proposed Personal Wireless Service Facility (PWSF) addition of one
microwave dish antenna to the water tank located at 1919 South 324'h Street. The Process I application
was submitted and determined to be complete on April 9, 2012. Your proposal is found to be consistent
with provisions of Federal Way Revised Code (FWRC) Chapter 19.55, `Process I — Director's Approval'
and Chapter 19.255, `Personal Wireless Services Facilities.' Your Process I proposal is hereby
approved.
The Process I land use approval is supported by the following statement of facts:
1. ,Zoning & Land Use — The zoning designation for the subject property is Community Business (BC)-
PWSFs are permitted in the BC zone pursuant to the zoning chart found in FWRC 19.220.120.
2. Review Process — According to submitted materials, the applicant proposes to modify their existing
telecommunications facility located at the above -referenced subject property. The scope of the
modifications includes the addition of one new microwave dish, with a diameter of two feet, to the
existing water tank. The addition of a "microcell" antenna to an existing PWSF is subject to Process I
Director's Approval pursuant to FWRC 19.15.030 `Review processes for improvements and additions
'to developed sites'.
3. Cumulative Effects — The City must consider the cumulative visual effects of PWSFs mounted on
existing structures and/or located on a given permitted site in determining whether additional permits
may be granted so as to not adversely affect the visual character of the City. As shown on the site
plan, elevations, and photos, the addition of one new microwave dish; classified as a "Microcellt," is
not a substantial increase to the existing site. The antenna does not exceed the height of the water
tank, will be painted to match the tank and will blend with the existing antennas attached to the
structure and no changes to ground equipment or setbacks are proposed. As such, the PWSF will not
adversely affect the visual character of the City and there is no proposed height increase.
' FWRC 19.05.130. "Microcell " means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
it�
Ms. Taylor
April 24, 2012
Page 2
4. State Environmental Policy Act (SEPA) —The project is exempt from SEPA review as it meets the
exemptions of WAC 197-11-800(25).
5. Additional Permits — A separate electrical permit will be required. Please contact a Development
Specialist at 253-835-2607 if you have questions regarding the electrical permit application process.
6. Process I Thresholds — 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.
CLOSING
The effective date of this decision is April 27, 2012 or three days from the date of this letter. Pursuant to
FWRC 19.55.050, any person who received notice of this administrative decision may appeal the decision
to the Federal Way Hearing Examiner by May 11, 2012. Any appeal must be in the form of a letter
delivered to the Department of Community and Economic Development with the established fee. The
appeal letter must contain a clear reference to the matter being appealed and a statement of the alleged
errors in the Director's decision. No work on the proposal can commence until the end of the appeal
period.
In that you are the only party of record, you may waive your right to appeal by submitting a letter to this
effect to the City of Federal Way, Community and Economic Development Department. Work on the site
may not commence until you have been issued the appropriate electrical permit.
This decision shall not waive compliance with future City of Federal Way codes, policies, and standards
relating to this site. This Process I approval does not constitute approval of an electrical permit.
This Process I approval is valid for one year from the effective date of this decision. If no further action is
taken within one year, this decision will expire. A one-time, 180-day extension may be granted only if a
written request is submitted to the City's Community and Economic Development Department at least 30
days prior to the expiration of the decision.
If you have any questions regarding this decision, please contact Planning Intern Kennith George at 253-
835-2634.
Sincerely,
Isaac Conlen
Planning Division Manager
for Patrick Doherty, Director
enc: Approved Site Plan
c: Kennith George, Planning Intem
Doc. CD 60964
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: April 16, 2012
TO: Ann Dower, Senior Engineering Plans Reviewer
Scott Sproul, Plans Examiner
FROM: ISM gnaw
FOR DRCMTG. ON. No meeting, email any comments.
FILE NUMBER(s):
12-101572-00-UP
RELATED FILE NOS.:
12-101573-00-CO
PROJECT NAME:
CLEARWIRE TAC609
PROJECTADDRESS:
1919 S 324th ST
ZONING DISTRICT.-
BC
PROJECTDESCRIPTION.
Addition of (1) microwave dish antenna to existing PWSF facility on water tank.
LAND USE PERMITS:
Land Use Process I
PROJECTCONTACT.
WesTower Communications
Jennifer Taylor
7525 SE 24' ST, Suite 500
Mercer Island, WA 98040
MATERIALS SUBMITTED:
• Master Land Use Process I Application
• Narrative
• Vicinity Map
• Site Photos
■ Site Plan
CITY OF ` RECEWED
Federal Way APR � 9 z012
Cm(OF CDS�LWAY
MASTER LAND USE APPLICATION
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 81h Avenue South
Federal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
www.cityoffederalway.com
APPLICATION NO(S) 1 l ` 7e2 Date J
Project Name
TAC609M10.2 Commons
Property Address/Location unaddressed - off S 324th Street 161 cJ S . s,�— tie
Parcel Number(s)
Project Description
U-10"
1621049039
Addition of one microwave dish antenna to water tank.
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
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
BC Zoning Designation
Unknown Comprehensive Plan Designation
Unknown Value of Existing Improvements
$9,000.00 Value of Proposed Improvements
International Building Code (IBC):
Unoccupied Occupancy Type
Telecommunications Construction Type
Applicant
Name:
Clearwire
Address:
1475 120th Ave NE
City/State:
Bellevue, WA
Zip:
98005
Phone:
Fax:
Email:
Signature:
Agent (if different than Applicant)
Name:
WesTower Communications
Address:
7525 SE 24th Street #500
City/State:
Mercer Island, WA
Zip:
98040
Phone:
206-228-2127
Fax:
206-236-4207
Email:
j ylor s ower.com
Signature:
t
Owner
Name:
Lakehaven Utility District
Address:
PO Box 4249
City/State:
Federal Way WA
Zip:
98063
Phone:
Fax:
Email:
Signature:
See attached lease
Bulletin #003 —January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application
4
Applicant:
Site Name:
Project Address:
Parcel Number:
Application Type:
Submitted to:
PROJECT DESCRIPTION
PROJECT NARRATIVE
Clearwire
1475 120`" Ave NE
Bellevue, WA 98005
TAC609 The Commons
S 324 h & 17`}' Ave S
Federal Way, WA 98023
1621049039
Processl Review and Commercial Building Permit
City of Federal Way
Clearwire is requesting permit approval to modify their existing telecommunications facility. The
scope of the modifications include the addition of one (1) new microwave dish with a diameter of
two feet (2') to the existing water tank. This project does not propose a new use on the property
and will not adversely affect the existing uses. This project does not include any ground disturbance.
ZONING DESIGNATION
The site is classified BC — Community Business. According to Federal Way Code Section 19.220.120
for Personal wireless service facility in the BC zone, PWSFs are allowed in the zone. This is not a
new PWSF; therefore it is subject to a Process 1 review.
5. New freestanding PWSFs are allowed subject to height limits and collocation provisions.
PWSFs are allowed on existing towers, on private buildings and structures, on publicly used
structures not located in public rights -of -way, on existing structures located in the BPA trail,
and on existing structures in appropriate public rights -of -way. Refer to FWRC 19.255.020 for
development standards applicable to allowed types of PWSFs.
DEVELOPMENT STANDARDS AND REQUIREMENTS
According to Federal Way Code Section 19.255.020 Development standards for Personal Wireless
Service Facilities:
The following development standards shall be followed in the design, siting, and construction
of a personal wireless service facility:
(1) Building- or structure -mounted PWISFs on existing bvildi#rv, or structures in or out of the pu6li� a f V E
avay. PWSFs mounted on existing buildings and structures shall conform to the following
development standards: APR U 9 2012
CITY OF FEDERAL WAY
CDS
(a) The PWSF shall consist only of the following types of facilities:
(i) A microcell or a minor facility; or
The proposed 2' microwave dish is a microcell.
(b) The combined antennas and supporting structure may extend up to, but not
exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the
existing structure is in conformance with the existing maximum height of the underlying zone as
outlined in the use zone charts, FWRC Title It , Division VI, Zoning Regulations. Antennas
may be mounted to rooftop appurtenances, as identified in FWRC 19.110.070, provided they do
not extend beyond 15 feet above the maximum height of the structure as defined per FWRC
1 ,05.080, H definitions.
The dish antenna does not exceed the height of the water tank.
(c) For PWSFs located in the right-of-way..... .
Not applicable.
(d) The antennas are mounted on the building or structure such that they are located
and designed to minimize visual and aesthetic impacts to surrounding land uses and structures
and shall, to the greatest extent practical, blend into the existing environment pursuant to
subsection (3) of this section. Panel and parabolic antennas shall be screened from residential
views and public rights -of -way unless meeting the provision of FWRC 19.110.070(2)(b).
The antenna will be painted to match the tank and will blend with the existing antennas attached to
the structure. See enclosed photos of the site.
(e) It is the applicant's responsibility to prove that the maximum size of the PWSF
panels and number of antennas is the minimum size necessary. The maximum size of antennas
to be located on existing structures in a public right-of-way shall be two feet in diameter for
parabolic antennas, eight feet in height for panel antennas, and 15 feet in height for whip
antennas.
(f Required setbacks shall not pertain to PWSFs within public rights -of -way. Within
residential zones, equipment enclosures, and buildings to house equipment cabinets located
above ground on properties adjacent to the public right-of-way shall meet all applicable setback
requirements for residential development of the underlying zone. For developed sites in
nonresidential zones, the setback requirements for the equipment enclosure shall be those of
the principal use of the subject property. For undeveloped sites in nonresidential zones, the
setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards.
The 2' dish antenna is the smallest size that will function for its intended purpose. No changes to
ground equipment are proposed so there are no changes to the current setbacks of the PWSF.
(3) Screening standards for all P1VSFs. PWSFs shall be screened or camouflaged through
employing the best available technology and design, as determined by the city. This may be
accomplished by use of compatible materials, location, landscaping, color, stealth techniques
such as, but not limited to, artificial trees and hollow flag poles, and/or other methods or
techniques to achieve minimum visibility of the facility as viewed from public streets or
residential properties. In addition, the provisions for landscaping as outlined in the use zone
charts, FWRC Title 19, Division VI, Zoning Regulations, shall apply.
Clearwire TAC 380 Qwest Switch
The dish antenna will be painted to match the tank and will not extend above the height of the tank.
This serves to blend in and have minimum visibility of the facility.
(4) Standards for electronic cabinets.
(5) Standards for egu pment enclosures.
(6) Security fenczng.
Not applicable. No changes propose to existing ground equipment or fencing.
(7) Cumulative effects. The city shall consider the cumulative visual effects of PWSFs mounted
on existing structures and/or located on a given permitted site in determining whether
additional permits may be granted so as to not adversely affect the visual character of the city.
(8) Signage. No wireless equipment shall be used for the purpose of mounting signs or
message displays of any kind, except for small signs used for identification, hazard warning, and
name of provider.
(9) Use -one charts, height andpermitprocess.
(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, FWRC Title J,
Division VI, Zoning Regulations.
(b) Allowed heights shall be established relative to appropriate process as outlined in
the use zone charts, FWRC Title 1% Division VI, Zoning Regulations.
No new signage is proposed. Clearwire's proposal meets all applicable development
standards.
State Environmental Policy Act SEPA
According to Revised Code of Washington (RCW) 43.21 C.0384:
Clearwire
Application of RCW 43.21C.030(2)(c) to personal wireless services facilities.
(1) Decisions pertaining to applications to site personal wireless service facilities are
not subject to the requirements of RCW 43.21C.030(2)(c), if those facilities meet the
following requirements:
(a)(i) The facility to be sited is a microcell and is to be attached to an existing structure
that is not a residence or school and does not contain a residence or a school; or (ii)
the facility includes personal wireless service
antennas, other than a microcell, and is to be attached to an existing structure (that
may be an existing tower) that is not a residence or school and does not contain a
residence or a school, and the existing structure to which it is to be attached is located
in a commercial, industrial, manufacturing, forest, or agricultural zone; or (iii) the
siting project involves constructing a personal wireless service tower less than sixty
feet in height that is located in a commercial, industrial, manufacturing, forest, or
agricultural zone; and
(b) The project is not in a designated environmentally sensitive area; and
(c) The project does not consist of a series of actions: (i) Some of which are not
categorically exempt; or (ii) that together may have a probable significant adverse
environmental impact.
2
TAC 380 Qwest Switch
�1
(2) The department of ecology shall adopt rules to create a categorical exemption for
microcells and other personal wireless service facilities that meet the conditions set
forth in subsection (1) of this section...
"Microcell" means a wireless communication facility consisting of an antenna that is
either: (i) Four feet in height and with an area of not more than five hundred eighty
square inches; or (ii) if a tubular antenna, no more than four inches in diameter and
no more than six feet in length.
Clearwire's proposal includes adding a microcell antenna (2' microwave dish) to an existing structure
that is not a residence or school in a business zone. Therefore the proposal is exempt from SEPA
review.
Clearwire
3
TAC 380 Qwest Switch
r
Site Name: The Commons
Site Number: WA-TAC609-A
LAKEHAVEN UTILITY DISTRICT
SITE LEASE FOR TELECOMMUNICATIONS FACILITIES ,
THIS INDENTURE of lease ("Agreement"), made this a oo day of Apr, 2008
by and between LAKEHAVEN UTILITY DISTRICT formerly Federal Way Water and Sewer
District, a municipal corporation, having a mailing address of PO Box 4249, Federal Way,
Washi on 98063-4249, as successor in interest to Water District No. 124, a Washington
unicipal Corporation�(hereinafter referred to as "Lessor") and Clearwire US LLC, a Nevada
limited liability company, having an office at 4400 Carillon Point, Kirkland_ , WA 98033
(hereinafter referred to as "Lessee"). CL5 S"O eess - `�,� `, Aie; e S-f 4o Lr,4e C b ; 5 f N e , 7. y
BACKGROUND t1,<A go Ibb 1�0SwtKry6K k(U14
L &i;�cC ii�, Cx5
Lessor owns that certain plot, parcel or tract of land, together with all rights and
privileges arising in connection therewith, located at South 320120t' Avenue South, Federal
Way, Washington 98003, (aka King County Assessor's Parcel Number 1621049039) in the
County of King, State of Washington (collectively "Property"). A legal description of the
Property is incorporated herein at Exhibit A. Lessee desires to use a portion of the Property in
connection with its federally licensed communications business. Lessor desires to grant to Lessee
the right to use a portion of the Property in accordance with this Agreement.
1. LEASE OF PREMISES. Lessor leases to Lessee portions of the Property consisting
of (a) a room/cabinet/ground area space of approximately 49 square feet; and (b) space on
the structure together with such easements as are necessary for the antennas and initial
installation as described on attached Exhibit B (collectively, "Premises").
2. PERMITTED USE. Lessee may use the Premises for the transmission and reception of
communications signals and the installation, construction, maintenance, operation, repair
and replacement of its communication facility and related equipment, cables, accessories
and improvements, which may include a suitable support structure, associated antennas,
equipment shelters or cabinets and fencing and any other items necessary to the
successful and secure use of the Premises (collectively the "Communication Facility");
such use may include the right to test, survey and review title on the Property
(collectively, the "Permitted Use"). Lessor and Lessee agree that any portion of the
Communication Facility that may be described on Exhibit B will not be deemed to limit
Lessee's Permitted Use. If Exhibit B includes conceptual drawings of the initial
installation of the Communication Facility, Lessor's execution of this Agreement will
signify Lessor's approval of Exhibit B. Lessee has the right to make Property
improvements, alterations or additions appropriate for Lessee's use including the right to
modify, supplement, upgrade, expand the equipment, increase the number of antennas or
relocate the Communication Facility ("Lessee's Changes") within the Premises at any
time during the term of this Agreement with Lessor's approval, which approvals t
be unreasonably withheld or delayed; except that Lessee may replace the equip VCEIVED
Page 1 opg U 9 2012
CITY OF FEDERAL_ WAY
CDs
0
4.
without such consent.
number of antennas aE
Site Name: The Commons
Site Number: WA-TAC609-A
Furthermore, Lessee agrees that if Lessee's Changes increase the
i
ated cab s in excess, of own in Exhibit B, Lessor may
per additional antenna if such
installed during the initial term and
if such additional antenna be installed during any extension term. Lessee agrees to
comply with all applicable governmental laws, rules, statutes and regulations, relating to
its use of the Communication Facility on the Property.
TERM
(a) The initial lease term will be Five (5) years ("Initial Term"), commencing
upon the Commencement Date, as defined below. The Initial Term will terminate on the
last day of the month in which the fifth annual anniversary of the Commencement Date
occurs.
(b) This Agreement will automatically renew for Four (4) additional five (5) year
Terms (each five (5) year term shall be defined as the "Extension Term"), upon the same
terms and conditions unless either party notifies the other, in writing, of its intention not
to renew this Agreement at least six (6) months prior to the expiration of the existing
Term.
(c) If Lessee remains in possession of the Premises after the termination or
expiration of this Agreement then Lessee will be deemed to be occupying the Premises on
a month -to -month basis (the "Holdover Term"), subject to the terms and conditions of
this Agreement.
(d) The Initial Term, the Extension Term and the Holdover Term are collectively
referred to as the Term ("Term").
RENT.
(a) Commencing on the date that Lessee commences construction the
"Commencement Date" Lessee will a theonthly rental payment
("Rent"), at the address set forth
above, on Metore the ay of each calendar month in advance. Rent will be prorated
for any partial month.
(b) Beginning with year two (2) of the Initial Term, and each year thereafter,
including throughout any Extension Terms exercised, the monthly rent will be increased
over the previous year's rent.
(c) As required by the State of Washington Department of Revenue, Lessee shall
pay the based on each monthly rental payment
Page 2 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
to Lakehaven Utility District. The leasehold excise tax shall be increased if such increase
is required by the State Department of Revenue.
d Lessor acknowledges recei t of a ite L dministration Fee in the amount
o per Lakehaven Utility District
Resolution No. 2007-1093 Section 3. I. i) to cover the administrative costs associated
with the review of lease proposals and site plans and for the negotiation and preparation
of lease agreements. The charge shall also cover the cost of publishing notice of the
public hearing for the proposed lease.
5. APPROVALS.
(a) Lessor agrees to cooperate with Lessee's efforts to obtain all governmental
licenses, permits, approvals or other relief required of or deemed necessary or appropriate
by Lessee for its use of the Premises, including without limitation applications for zoning
variances, zoning ordinances, amendments, special use permits, and construction permits
(collectively referred to as "Governmental Approvals"). Lessor authorizes Lessee to
prepare, execute and file all required applications to obtain Governmental Approvals for
Lessee's Permitted Use under this Agreement and agrees to reasonably assist Lessee with
such applications. Lessee has the right to obtain a title report or commitment for a
leasehold title policy from a title insurance company of its choice and to have the
Property surveyed by a surveyor of Lessee's choice.
(b) Lessee may also obtain, at Lessee's sole cost and expense, soil boring,
engineering procedures, environmental investigation or other tests or reports (collectively
the "Tests") on, over, and under the Property, necessary to determine if the Lessee's use
of the Premises will be compatible with Lessee's engineering specifications, system,
design, operations or Governmental Approvals. Lessee shall obtain approval from Lessor
for any tests that Lessee requires on site, such approval not to be unreasonably withheld.
6. INTERFERENCE
Lessor acknowledges that it shall not interfere, nor permit its other lessees, employees or
agents, to unreasonably interfere, with Lessee's use of the Premises. Lessee shall not use
the Premises in any way that interferes with the use of the Property by Lessor, or other
lessees, employees, or agents of Lessor. Lessee acknowledges that the Communication
Facility it installs will not cause communication interference with other communication
facilities which exist on or off the Premises on the date this Agreement has been signed
by both parties. Lessee further acknowledges that, should its Communication Facility
cause such communication interference with other communication facilities on or off the
site, Lessee will, after written notice thereof from Lessor cause the communication
interference to cease, within thirty (30) days. If the interference, communication or other,
cannot be resolved, either party will be entitled to terminate this Agreement, and render it
Page 3 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
null and void, consistent with its rights under Paragraph 10 hereunder.
7. SECURITY
The parties acknowledge Lessee's obligation to provide and maintain security for Lessee's
performance of the lease terms. It is agreed that Lessee shall be required to provide a form
of security acceptable to the Lessor, whether it be a letter of credit, cash deposit or a Lease
The Bond will guarantee the
terms of the lease agreement.
EM PROVEMENTS/ACCESS
Lessee shall have a nonexclusive right, at its expense, to erect and maintain on the Premises,
improvements, personal property and facilities necessary to operate its Communication
Facilities. Lessee shall not be entitled, without the written consent of the Lessor which
consent will not be unreasonably withheld, to make or install any improvements to its
facilities not described herein or otherwise alter its use of the Premises, except for the
replacement of equipment as allowed under Section 2 of this Agreement. A pre -construction
meeting shall be held at least ten (10) working days prior to installation of facilities. Lessor
shall have final approval over construction and/or installation of improvements, which
approval shall not be unreasonably withheld or delayed. Lessor shall provide Lessee,
Lessee's employees, agents, contractors, subcontractors and assigns with access to the
Premises twenty-four (24) hours per day, seven days per week, at no charge to Lessee
during normal working hours, however Lessee is not permitted to access the site without an
escort provided by the Lessor or a prearranged alternative as described in Exhibit C.
Lessee's exercise of access rights shall not cause undue inconvenience to Lessor. Lessee
shall keep and maintain such facilities in commercially reasonable condition, and repair
during the term of this Agreement, normal wear and tear excepted. At the end of the lease,
the Premises shall be returned to Lessor in good, usable condition, normal wear and tear
excepted. As partial consideration for Rent paid under this Agreement, Lessor hereby
grants Lessee a non-exclusive easement, for the term of the lease, for ingress and egress to
the Premises adequate to install and maintain the improvements and necessary
appurtenances.
9. OPERATING CONDITIONS
Lessee agrees to abide by each and every operating condition set forth in Exhibit C,
attached hereto. Failure to abide by any such operating condition shall constitute a material
breach of the Agreement and, upon written notice to Lessee and failure to cure within
fifteen (15) business days, Lessor shall have the right to terminate this Agreement in
accordance with the terms and conditions set forth herein and enforce such termination in a
Page 4 of 20
Site Name: The Commons
Site Nwnber: WA-TAC609-A
court of competent jurisdiction. Notwithstanding the foregoing, if Lessee has commenced to
cure the breach within said five (5) day period, and such efforts are prosecuted to
completion with reasonable diligence, Lessor shall not terminate this Agreement.
10. TERMINATION
(a) Either party may temiInate this Agreement (i) for any reason at the end of any
lease Term on the provision of written notice of not less than six (6) months prior to the end
of such lease Term; or (ii) on thirty (30) days prior written notice, if the other party remains
in default under either Paragraph 16 or Paragraph 6 of this Agreement after the applicable
cure periods.
(b) Lessee may terminate this Agreement upon written notice to Lessor, if Lessee is
unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit
by any agency, board, court or other governmental authority necessary for the construction
or operation of the Communication Facility as now and hereafter intended by Lessee; or if
Lessee determines in its sole discretion that the cost of obtaining or retaining the same is
commercially unreasonable.
(c) Lessee may terminate this Agreement on sixty (60) days written notice to
Lessor for any reason, so long as Lessee pays Lessor a termination fee equal to six (6)
months Rent, at the current rent rate, provided, however; that no such termination fee
will be payable on account of the termination of this Agreement by Lessee under any one
or more of Paragraphs 6, 10(a), 10(b), 18, 19, or 20 of this Agreement.
11) REMOVALIRESTORATION
All portions of the Communication Facility brought onto the Property by Lessee will be
and remain Lessee's personal property and, at Lessee's option, may be removed by Lessee
at any time during the Term. Lessor covenants and agrees that no part of the
Communication Facility constructed, erected or placed on the Premises by Lessee will
become, or be considered as being affixed to or a part of, the Property, it being the
specific intention of the Lessor that all improvements of every kind and nature
constructed, erected or placed by Lessee on the Premises will be and remain the property
of the Lessee and may be removed by Lessee at any time during the Tenn. Within one
hundred twenty (120) days of the termination of this Agreement, Lessee will remove all
such improvements. Lessee will not be required to remove from the Premises or the
Property any underground utilities.
12) MAINTENANCEIMLITIES.
(a) Lessee will keep and maintain the Premises in good condition, reasonable wear
and tear and damage from the elements excepted. Lessor will maintain and repair the
Page 5 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
Property and access thereto, in good and Tenantable condition, subject to reasonable wear
and tear and damage from the elements.
(b) Lessee will be solely responsible for and promptly pay all utilities charges for
electricity, telephone service or any other utility used or consumed by Lessee on the
Premises. Lessor will fully cooperate with any utility company requesting an easement
over, under and across the Property in order for the utility company to provide service to
the Lessee.
13) IN'DEMNIFICATIONANSURANCE.
(a) Lessee agrees to indemnify, defend and hold Lessor harmless from and against
any and all injury, loss, damage or liability (or any claims in respect of the foregoing),
costs or expenses (including reasonable attorneys' fees and court costs) arising directly
from the installation, use, maintenance, repair or removal of the Communication Facility
or Lessee's breach of any provision of this Agreement, except to the extent attributable to
the negligent or intentional act or omission of Lessor, its employees, agents or
independent contractors, or Lessor's breach of this Agreement. Lessor agrees to
indemnify, defend and hold Lessee harmless from and against any and all injury, loss,
damage or liability (or any claims in respect of the foregoing), costs or expenses
(including reasonable attorneys' fees and court costs) arising directly from the actions or
failure to act of Lessor or its employees or agents, or Lessor's breach of any provision of
this Agreement, except to the extent attributable to the negligent or intentional act or
omission of Lessee, its employees, agents or independent contractors, or Lessee's breach
of this Agreement.
(b) Notwithstanding anything to the contrary in this Agreement, each of Lessee
and Lessor hereby waives any claims that each may have against the other with respect to
consequential, incidental or special damages.
(c) Lessee shall
14. WARRANTIES.
a policy of commercial general
(a) Lessee and Lessor each acknowledge and represent that it is duly organized,
validly existing and in good standing and has the right, power and authority to enter into
Page 6 of 20
Site Name: The Commons
Site Number. WA-TAC609-A
this Agreement and bind itself hereto through the party set forth as signatory for the party
below.
(b) Lessor represents and warrants that: (i) Lessor solely owns the Property as a
legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not
encumbered by any liens, restrictions, mortgages, covenants, conditions, easements,
leases, or any other agreements of record or not of record, which would adversely affect
Lessee's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long
as Lessee is not in default then Lessor grants to Lessee, actual, quiet and peaceful use,
enjoyment and possession of the Premises; (iv) Lessor's execution and performance of
this Agreement will not violate any Laws, ordinances, covenants or the provisions of any
mortgage, lease or other agreement binding on the Lessor.
15. ENVIRONMENTAL.
(a) Lessor and Lessee agree that each will be responsible for compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or covenants, or policies of any governmental authorities regulating or
imposing standards of liability or standards of conduct with regard to any environmental
or industrial hygiene condition or matters as may now or at any time hereafter be in
effect, that are now or were related to that party's activity conducted in, or on the
Property.
(b) Lessee agrees to defend, hold harmless and indemnify Lessor from, and to
assume all duties, responsibilities and liabilities at its sole cost and expense, (for payment
of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any
action, notice, claim, order, summons, citation, directive, litigation, investigation or
proceeding which is related to Lessee's (i) failure to comply with any environmental or
industrial hygiene law in its use or occupancy of the Premises, including without
limitation any regulations, guidelines, standards or policies of any governmental
authorities regulating or imposing standards of liability or standards of conduct with
regard to any environmental or industrial hygiene conditions or matters as may now or
hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise
out of or are in any way related to Lessee's activities on the Premises, unless the
environmental conditions are caused by the Lessor. Lessor agrees to defend, hold
harmless and indemnify Lessee from, and to assume all duties, responsibilities and
liabilities at its sole cost and expense, (for payment of penalties, sanctions, forfeitures,
losses, costs, or damages) and for responding to any action, notice, claim, order,
summons, citation, directive, litigation, investigation or proceeding which is related to
Lessor's (i) failure to comply with any environmental or industrial hygiene law in its
ownership, use or occupancy of the Premises, including without limitation any
regulations, guidelines, standards or policies of any governmental authorities regulating
or imposing standards of liability or standards of conduct with regard to any
environmental or industrial hygiene conditions or matters as may now or hereafter be in
Page 7 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in
any way related to Lessor's or any other person's activities on the Premises, unless the
environmental conditions are caused by the Lessee.
(c) The indemnifications of this Paragraph 15 specifically include reasonable
costs, expenses and fees incurred in connection with any investigation of Properly
conditions or any clean-up, remediation, removal or restoration work required by any
governmental authority. The provisions of this Paragraph 15 will survive the expiration
or termination of this Agreement.
(d) Lessor represents to the best of its knowledge that the Premises have not been
used for the generation, storage, treatment or disposal of hazardous materials, hazardous
substances or hazardous waste. In addition, to the best of Lessor's knowledge, 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
Agreement, Lessee relies upon the representations stated herein as a material inducement
for entering into this Lease.
16. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Lessee and a breach of this
Agreement: (i) non-payment of Rent if such Rent remains unpaid for more than thirty
(30) days after receipt of written notice from Lessor of such failure to pay; or (ii) Lessee's
failure to perform any other term or condition under this Agreement within forty-five (45)
days after receipt of written notice from Lessor specifying the failure. No such failure,
however, will be deemed to exist if Lessee has commenced to cure such default within
such period and provided that such efforts are prosecuted to completion with reasonable
diligence. Delay in curing a default will be excused if due to causes beyond the
reasonable control of Lessee. If Lessee remains in default beyond any applicable cure
period, Lessor will have the right to exercise any and all rights and remedies available to
it under law and equity.
(b) The following will be deemed default by Lessor and a breach of this
Agreement. Lessor's failure to perform any term, condition or breach of any warranty or
covenant under this Agreement within forty-five (45) days after receipt of written notice
from Lessee specifying the failure. No such failure, however, will be deemed to exist if
Lessor has commenced to cure the default within such period and provided such efforts
are prosecuted to completion with reasonable diligence. Delay in curing a default will be
excused if due to causes beyond the reasonable control of Lessor. If Lessor remains in
default beyond any applicable cure period, Lessee will have the right to exercise any and
all rights available to it under law and equity, including the right to cure Lessor's default
and to deduct the costs of cure from any monies owed to Lessor by Lessee.
Page 8 of 20
She Neme: The Commons
Site Number. WA-TAC609-A
17. NOTICES.
All notices, requests, demands and communications hereunder will be given by first class
certified or registered mail, return receipt requested, or by a nationally recognized
overnight courier, postage prepaid, to be effective when properly sent and received,
refused or returned undelivered. Notice will be addressed to the parties as follows:
If to Tenant, to:
With a copy to:
If to Landlord, to: 1
Clearwire US LLC
Clearwire US LLC
Lakehaven Utility District
Att: Site Leasing
Att: Legal Department
Attn: Administration
4400 Carillon Point
4400 Carillon Point
P.O. Box 4249
Kirkland, WA 98033
Kirkland, WA 98033
Federal Way, Washington 98063-4249
Telephone: 425-216-7600
Telephone: 425-216-7600
Telephone: 253-941-1516
Fax: 425-216-7900
Fax: 425-216-7900
Fax: 253-946-1814
Either party hereto may change the place for the giving of notice to it by thirty- (30) day
prior written notice to the other as provided herein.
18. SEVERABILITY.
If any term or condition of this Agreement is found unenforceable, the remaining terms
and conditions will remain binding upon the parties as though said unenforceable
provision were not contained herein. However, if the invalid, illegal or unenforceable
provision materially affects this Agreement then the Agreement may be terminated by
either party on ten (10) days prior written notice to the other party hereto.
19. CONDEMNATION.
In the event Lessor receives notification of any condemnation proceedings affecting the
Property, Lessor will provide notice of the proceeding to Lessee within forty-eight (48)
hours. If a condemning authority takes all of the Property, or a portion sufficient, in
Lessee's sole determination, to render the Premises unsuitable for Lessee, this Agreement
will terminate as of the date the title vests in the condemning authority. The parties will
be entitled to share in the condemnation proceeds in proportion to the values of their
respective interests in the Property, which for Lessee will include, where applicable, the
value of its Communication Facility, moving expenses, prepaid Rent, and business
dislocation expenses. Lessee will be entitled to reimbursement for any prepaid Rent on a
prorata basis.
20. CASUALTY.
Lessor will provide notice to Lessee of any casualty affecting the Property within forty-
eight (48) hours of the casualty. If any part of the Communication Facility or Property is
Page 9 of 20
Site Name: The Commons
Site Number. WA-TAC609-A
damaged by fire or other casualty so as to render the Premises unsuitable, then Lessee
may terminate this Agreement by providing written notice to the Lessor, which
termination will be effective as of the date of such damage or destruction. Upon such
termination, Lessee will be entitled to collect all insurance proceeds payable to Lessee on
account thereof and to be reimbursed for any prepaid Rent.
21. WAIVER OF LESSOR'S LIENS.
Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning
the Communication Facility or any portion thereof. The Communication Facility shall be
deemed personal property for purposes of this Agreement, regardless of whether any portion
is deemed real or personal property under applicable law, and Lessor hereby consents to
Lessee's right to remove all or any portion of the Communication Facility from time to time
in Lessee's sole discretion and without Lessor's consent.
22. APPLICABLE LAWS
The Lessee, in the use and occupation of the demised premises and in the operation of any
activity thereon, shall comply with all requirements of all applicable laws, orders,
ordinances, rules and regulations of the federal, state, county and municipal authorities.
23. TIME OF THE ESSENCE/WAIVER
Time is of the essence in all matters relating to the performance of each and every term of
this Agreement herein. Any failure by either party to enforce any right arising hereunder
shall not be deemed a waiver of such right.
24. ASSIGNMENT/SUBLEASE.
Subject to the written approval of Lessor, which approval will not be unreasonably
withheld, Lessee may assign or sublet all or any part of the Premises, and all or any rights,
benefits, liabilities and obligations of this Agreement provided that the assignee or
sublessee assumes, recognizes and also agrees to become responsible to the Lessor for the
performance of all terms and conditions of this Agreement. Upon notification to Lessor
by Lessee of any such action, Lessee will be relieved of all -future performance, liabilities
and obligations under this Agreement to the extent of such assignment or sublease.
Notwithstanding the foregoing, Lessee will have the right to assign this Agreement, in
whole or in part, to an affiliate or partner without Lessor's consent.
25. 1VHSCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or
revised unless done in writing and signed by an authorized agent of the Lessor and an
Page 10 of 20
Site Name: The Ca=ons
Site Number: WA-TAC609-A
authorized agent of the Lessee. No provision may be waived except in writing signed by
both parties.
(b) Memorandum/Short Form Lease. Either parry will, at any time upon
prior written notice from the other, execute, acknowledge and deliver to the other a
recordable Memorandum or Short Form of Lease. Either party may record this
Memorandum or Short Form of Lease at any time, in its absolute discretion.
(c) Bind and Benefit. The terms and conditions contained in this
Agreement will run with the Property and bind and inure to the benefit of the parties, their
respective heirs, executors, administrators, successors and assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto, all
being a part hereof, constitute the entire agreement of the parties hereto and will
supersede all prior offers, negotiations and agreements.
(e) Governing Law. This Agreement will be governed by the laws of the
state in which the Premises are located, without regard to conflicts of law.
(f) Interpretation. Unless otherwise specified, the following rules of
construction and interpretation apply: (i) captions are for convenience and reference only
and in no way define or limit the construction of the terms and conditions hereof; (ii) use
of the term "including" will be interpreted to mean "including but not limited to"; (iii)
whenever a party's consent is required under this Agreement, except as otherwise stated in
the Agreement or as same may be duplicative, such consent will not be unreasonably
withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and
are incorporated by reference into this Agreement; (v) use of the terms "termination" or
"expiration" are interchangeable; and (vi) reference to a default will take into
consideration any applicable notice, grace and cure periods.
(g) Estoppel. Either party will, at any time upon fifteen (15) days prior written
notice from the other, execute, acknowledge and deliver to the other a statement in
writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if
modified, stating the nature of such modification and certifying this Agreement, as so
modified, is in full force and effect) and the date to which the Rent and other charges are
paid in advance, if any, and (ii) acknowledging that there are not, to such party's
knowledge, any uncured defaults on the part of the other party hereunder, or specifying
such defaults if any are claimed. Any such statement may be conclusively relied upon by
any prospective purchaser or encumbrance of the Premises. The requested party's failure
to deliver such a statement within such time will be conclusively relied upon by the
requesting party that (i) this Agreement is in full force and effect, without modification
except as may be properly represented by the requesting party, (ii) there are no uncured
defaults in either party's performance, and (iii) no more than one month's Rent has been
paid in advance.
Page 11 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
(h) No Electronic Signatures/No Option.
The submission of this Agreement to any parry for examination or consideration does not
constitute an offer, reservation of or option for the Premises based on the terms set forth
herein. This Agreement will become effective as a binding Agreement only upon the
handwritten legal execution, acknowledgment and delivery hereof by Lessor and Lessee.
26. RELOCATION.
(a) At any time after the initial Term as specified in this Agreement, Lessor may,
no more than once, per Term, upon twelve (12) months prior written notice to Lessee,
elect to have Lessee relocate its Telecommunication Facility from the Premises to any
other portion of the Property or any adjoining real property owned by Lessor (the
"Alternate Premises"), subject to the terms set forth below.
(b) The size, location and dimensions of the Alternate Premises shall be chosen
by Lessor but must, in Lessee's reasonable judgment, be at least as suitable for the
purposes of operating telecommunication facilities as the size, location and dimensions of
the Premises. If the Alternate Premises is not suitable for Lessee's operations, as
determined by Lessee in its sole judgment, then Lessee may terminate this Agreement
with no further liability or penalty. In the event Lessee elects to terminate as aforesaid,
Lessor shall have the option to withdraw its exercise of the relocation option, and in such
event, Lessee's election to terminate shall be deemed null and void.
(c) Lessee shall not be required to conduct such relocation in a manner which
would cause any material deterioration or diminution of such quality or which would
cause any interruption of such service. Any relocation of Lessee by Lessor shall be made
and completed, if reasonably possible, on a weekend so as not to disrupt Lessee's business
operations conducted on the Premises.
(d) The relocation of Lessee's Telecommunication Facility to the Alternate
Premises shall not cause the Fee payable under this Agreement to be increased.
(e) The relocation of Lessee's Telecommunication Facility to the Alternate
Premises shall be accomplished by Lessee at Lessee's sole expense.
(f) Upon the relocation of Lessee's Telecommunication Facility from the
Premises to the Alternate Premises, all references in this Agreement to the Premises shall
be deemed to be references to the Alternate Premises. Following such relocation, Lessee
may, at its expense, prepare plans delineating the Alternate Premises, which shall then
replace Exhibit "B" of this Agreement.
Page 12 of 20
"LESSOR"
Lakehaven Utility District, Formerly Federal Way
Water and Sewer District, a municipal corporation,
successor in interest to Water District No. 124,
a Washington municip poration.
By: -" .—... , ----
Print Name~Z5 4
Its:ej
Date: f -4
Approved as to fo
A-i,- /,( 71,
Gen ral Counsel
"LESSEE"
Clearwire US LLC, a Nevada limited liability company
By:
Print Name: ,John A Storcb—
t/ice President - Network Deployment
Its. -
Date: 4 _ LLI --CA
Site Name: The Commons
Site Number: WA-TAC609-A
Page 13 of 20
Site Name: The Commons
Site Number. WA-TAC609-A
LESSOR ACKNOWLEDGMENT
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that T it. &s the person who appeared
before me, and said person acknowledged that said person signed this instrument, urn oath stated that said person was
authorized to execute the instrument and acknowledged it as the & fO-jf �j 0V Llru�y VIMIICT
to be the free and voluntary act of such party for the uses and purposes mentioned iii the instrument.
DATED:
Notary Seal
Christie Ann Jenkins -House
NOTARY PUBLIC
State of Washington
My Commission Expires
I2-1"01Z
LESSEE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
(SMnature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Washington
My appointment expires: a
-/S
I certify that I know or have satisfactory evidence that d6 A, ,Y6Q 11 is the person who
appeared before me, and said person acknowledged that said person sign, gd this instrument, on oath stated that said
person was authorized to execute the instrument and acknowledged it asV r t Clearwire US
LLC, to be the free and voluntary act of such party for the uses and purposes mentioned it instrument.
DATED:
��tatmti� •v yi
CIA
i X N+j r
rI(f3a�1 7
U I 'L"' a -U, -
i e Nota
c
r rr
�l eti
(Legibly Print or 8tairip Name of Notary)
Notary Public in and for the Stfte of Washington
My appointment expires:
Page 14 of 20
Site Name: The Commons
Site Number: WA TAC609-A
I�ti:�:llt Y
LEGAL DESCRIPTION OF PROPERTY
The East 290.00 feet of the North Half of the North Half of the Southwest Quarter of the Northwest
Quarter of Section 16, Township 21 North, Range 4 East, W.M. Subject to easement record.
Assessor's Parcel Number: 1621049039
[BALANCE OF PAGE INTENIONALLY LEFT BLANK]
Page 15 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
EXHIBIT B
SITE PLAN OF LESSEE COMMUNICATION FACILITIES
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WATERTANK
Page 16 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
EXHMIT C
OPERATING CONDITIONS
(Page 1 of 2)
1. Lessee shall notify the District at least 24-hours in advance to arrange for site access.
The District will either provide an escort though locked points of entry or provide an
alternate method acceptable to the District at the District's discretion. Representatives
of the Lessee arriving on site must have valid company identification badges.
i) Contact information:
The current District contacts are:
1". Water Quality Engineer at (253) 946-5410.
2nd. Water Manager at (253) 946-5401.
The current District EMERGENCY (or off -hour) contacts are:
lst. Water On -call (253) 405-6667
The current Lessee contacts are:
lit. Site Leasing at 425-216-7600
2nd. Legal Department at 425-216-7600
The current Lessee EMERGENCY (or off -hour) contacts are:
1". Scott Holt at 206-510-4658
2nd
ii) Clearwire US LLC will access the site through a separate locked gate for equipment
maintenance. If an alternative entrance is required, access through the Lakehaven
Utility District security gate for construction, routine maintenance and repair and
other non -emergency visits shall only be during business hours (currently defined as
Monday through Friday, 7:00 a.m. to 4:30 p.m.) with twenty-four (24) hours
advance notice to Lakehaven Utility District to arrange for an escort.
iii) In the event of an emergency, as described by Lessee, Lessee may access the Site
twenty-four (24) hours per day, seven (7) days per week, escorted by Lakehaven
Utility District as arranged using the emergency phone number(s). The Lessee shall
reimburse the District for all costs associated with opening the facility outside of the
business hours and the cost of providing staff after normal business hours.
iv) Access to the Site may be by foot or motor vehicle.
Page 17 of 20
SiteNeme: The Commons
Site Number. WA-TAC609-A
I *I'Q. I V.a—W11I
OPERATING CONDITIONS
(Page 2 of 2)
v) Access to the Site shall be subject to such additional conditions as may be imposed
by Lakehaven Utility District from time to time which shall be in effect after twenty
(20) days notice to Lessee.
vi) Access to the Site is secondary to emergency power and water system operations and
maintenance at the site. In the event of a water system emergency, Lessee's access
may be delayed.
3. Fencing of facilities/improvements within the fenced portions of District property is
acceptable only as authorized by the District.
4. Lessee shall not store any hazardous materials on site. Technically, this site is not within a
monitored Wellhead Protection Area; however it does exist within a buffer zone outside a
monitored 10-year time of travel zone for a well site. If a substance is deemed non-
hazardous and used or stored on site, the Lessee shall inform the District of the type of
substance(s) and provide the appropriate Material Safety Data Sheet(s).
[BALANCE OF PAGE INTENIONALLY LEFT BLANK]
Page 18 of 20
Site Name: The Commons
Site Number: WA-TAC609-A
Exhibit D
MEMORANDUM OF AGREEMENT
RECORDING REQUESTED BY, AND
WHEN RECORDED, RETURN TO:
Clearwire US LLC
4400 Carillon Point
Kirkland, WA 98033
Attn: Site Leasing
MEMORANDUM OF AGREEMENT
Grantor: Lakehaven Utility District, formerly Federal Way Water and Sewer District,
a municipal corporation, as successor in interest to Water District No. 124, a
Washington municipal corporation
Grantee: Clearwire US LLC, a Nevada limited liability company
The East 290.00 feet of the North Half of the North Half of the Southwest
Legal Description: Quarter of the Northwest Quarter of Section 16, Township 21 North, Range
4 East, W.M. Subject to easement record.
Assessor's Tax Parcel ID No.: 1621049039
Site Number & Name: WA-TAC609-A / The Commons
This Memorandum of Agreement is made by and between Clearwire US LLC, a Nevada limited liability
company, whose address is 4400 Carillon Point, Kirkland, WA 98033 (hereinafter referred to as "Lessee"), and
Lakehaven Utility District, formerly Federal Way Water and Sewer District, a municipal corporation, as successor in
interest to Water District No. 124, a Washington municipal corporation, whose address is PO Box 4249, Federal
Way, Washington, 99063-4249 (hereinafter referred to as "Lessor").
RECITALS
WHEREAS, Lessor and Lessee have executed that certain Communication Site Lease Agreement ("Agreement")
dated as of 42An' ( 2 8 , 2008, 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
WHEREAS, Lessor and Lessee desire to record notice of the Agreement in the county's official records;
NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as follows:
Page 19 of 20
Site Name: The Commons
She Number. WA-TAC609-A
1. Remise. 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.
2. Expiration Date. The term of the Agreement is scheduled to commence with the commencement of
construction by Lessee, and shall expire five (5) years thereafter, subject to Lessee's option to extend the term for
four (4) additional terms of five (5) successive years each.
3. Agreement Controlling. 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 Agreement as of the day and year first
above written.
LESSOR:
Lakehaven Utility District, formerly Federal Way
Water and Sewer District, a municipal corporation,
as successor in interest to Water District No. 124, a
Washingtoamunicipal corqDFatkn
By:
ret (print name)
Its:
Date: Q
LESSEE:
Clearwire US LLC, a Nevada limited liability
company
By:
(print name)
Aran orc
Its: Vice President - Network Deployment
Date: L4 - Z-`-i ` 0`0
Page 20 of 20
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