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AG 23-248 - T-MOBILE - LAKOTARETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: LAW 2. ORIGINATING STAFF PERSON: TARYN W., EXT: 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB; RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDNIENT(AG#): ❑ INTERLOCAL 0 OTHER SITE LEASE AGREEMENT 5. PROJECT NAME: LAKOTA PARK Site SE04653A 6. NAME OF CONTRACTOR: T-MOBILE WEST LLC ADDRESS: 12920 SE 38th St., Bellevue, WA 98006 'TELEPHONE 1-877-373-0093 E-MAIL: FAX: 1-813-353-6449 SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: Upon execution COMPLETION DATE: Dec 2028 w/ three - 5 year auto renewals 9. , TOTAL COMPENSATION $ They pay city, $3603.97 per month with 4% increase starting Jan 1 each year (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 91 PROJECT MANAGER JIG - 11/16/2022; JG - 12/12/2022 review of legal desc. ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) © LAW KVA 8/8/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 11/28/23 COUNCIL APPROVAL DATE: 12/5123 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/ DATE SIQNED DEPARTMENT GNATO RY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: 12/12/2022 - JIG verified legal description and added parcel #. Replaces AG00-172 20017 DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL �Federal Way 33325 Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.o1yof ederahvay.com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease" or "Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West LLC, a Delaware limited liability company ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T-MOBILE WEST LLC: T-Mobile USA, Inc. 12920 SE 38th St. Bellevue, WA 98006 Attn: Lease Compliance/SE04653A Re: Lakota Park Site 1-877-373-0093 (telephone) 1-813-353-6449 (facsimile) CITY OF FEDERAL WAY: Taryn Weatherford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2562 (telephone) TMn.weatherford(@ ci offederaiwa .cam City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises, together with necessary space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on t,&a3-4 , ?A23 (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then -existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. Rent. SITE LEASE AGREEMENT - 1 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL t- 33325Avenue South Federal Wa Federal Way, WA 98003-6325 (253) 835-7000 www.ci4Vfied6!M1;Vay! corn a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent $3603.97 Three Thousand Six Hundred Three and 97/100 Dollars ("Rent") per month. As this site is currently in holdover, Tenant shall make all payments necessary to bring Rent payments current within thirty (30) days of executing this Lease. Any rent previously paid from and after the Commencement Date shall be offset against the new Rent. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1' of each calendar year. C. Tenant previously paid the City one month's rent as a security deposit in the amount of Nine Hundred Seventy -Five and 00/100 Dollars ($975.00). Within thirty (30) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Two Thousand Six Hundred Twenty -Eight and 97/100 Dollars ($2,628.97) to raise the deposit to the standard amount of one month's rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned light fixtures, if any have been removed or broken by Tenant's installation of Equipment. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the SITE LEASE AGREEMENT - 2 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL Federal ay 8th Avenue South Federal Way, WA 96003-6325 (253) 835-7000 www cilyoffederahvay. com Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City's request and within the reasonable time period prescribed by the City. However, such removal shall not be required to accommodate another carrier. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6 ") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or SITE LEASE AGREEMENT - 3 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL Federal Wa 33325 8th Avenue South �1 (253)Fede8 Way, WA 98003-6325 (253) 35-7000 www.cityof ederalway com damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have sixty (60) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant's Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the a Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges SITE LEASE AGREEMENT - 4 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL Federal 'Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.Crty &derahvay com that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FyVRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co -location of other telecommunications facilities on the Premises but agrees such grant of rights will prohibit others from interfering with the then current equipment of Tenant. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Upon 10 days' written notice by City, in the event of an emergency, as SITE LEASE AGREEMENT - 5 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5F0-4F6EA4FC5071 rf CITY OF Way C decal L 33325 8th Avenue South Federal Way, WA 98003-6325 �� (253) 835-7000 www.0 dvalfederahyaycom determined by the City in its reasonable discretion; vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any willful act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the sole negligence or willful act of City and SITE LEASE AGREEMENT - 6 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF Federal Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.ri4vffederahvay.com com its officers, boards, commissions, employees, agents, attorneys, and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including, with the exception of workers compensation insurance, the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: ii. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. Tenant may satisfy the liability requirements herein through the combination of any primary and/or excess liability policy. ii. Commercial automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty 30 days prior written notice shall be given to City by the insurer of any cancellation, with the exception of 10 days for non-payment of premium, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers authorized to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, SITE LEASE AGREEMENT - 7 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL Federal Vila Feder l Avenue South �1 Federal Way, 98003-6325 (253) 835-700 0 www.cr" federa4my com employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, provided, however Tenant may assign without City's prior written consent, to a parent, to any party controlled by, or under common control with Tenant or to any party which acquires 51 % or more of the stock or assets of Tenant. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. +Quiet Enjoyment. Title and Authority. Tenant acknowledges that its rights are further subject to the Bonneville Power Authority ("BPA") transmission line easements recorded under King County Recording Numbers. 5151931 and 3252563. In the event such easements expire or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant, subject to BPA' s easements, that: a. City has authority to execute this Lease; SITE LEASE AGREEMENT - 8 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5F0-4F6EA4FC5071 Fed a ra l Wa CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 V:§h� (253) 835-7000 wwwa4 otlederehvay com b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. SITE LEASE AGREEMENT - 9 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityptTe deroh,a), com d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. All actions heretofore taken or authorized by the parties to this Lease with respect to the Equipment and Premises that are the subject of this Lease are ratified, approved, and confirmed in all aspects. 26. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [signatures to follow] SITE LEASE AGREEMENT - 10 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF ,Z... Federal A TTL'QT. CITY HALL Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 635-7000 www.ceNatfedemAvay. com CITY OF F RAL WAY: By: Ferre , Mayor 3325 8th Ave South Federal Way, WA 98003 APPROVED AS T7P-M): / k —, r,, Iti'Attomey, J. Ryan T-Mobile West C, a De limited liability company By: Name: Title: Date: c T-Mobile West LLC STATE OF�IaJnin�,6) COUNTY OF &�n I certify that I know or have satisfactory evidence th S is the person who appeared before me, and said person` djeowledged that he signed this instrument, on oat"tated that was authorized to execute the instrument and acknowledged it as the �, �' of T-Mobile West_ LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. .�� ix�*1pand and official seal this day of �S, pTA °��., J� Notary's signature 103556 �'� Notary's printe 20d name N .o1 `c z ! Notary Public in and for the 9L _ My commission expires / ��1551111�»WV WAS*\' Aqo� SITE ��3@4iREEMENT- TMO Site ID: SE04653A - Lakota Park 11/2022 DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL onFederal Way Feder Stn Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www otyo((ederahmy com EIMIT A LEGAL DESCRIPTION OF PREMISES The property is legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF 21 IT AVENUE SOUTHWEST, SOUTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS SOUTHWEST DASH POINT ROAD) AND SOUTHERLY OF SOUTHWEST 312TH STREET; AND THAT PORTION OF SAID SUBDIVISION LYING NORTH EASTERLY OF COUNTY ROAD NO.980 (ALSO KNOWN AS 21IT AVENUE SOUTHWEST), SOUTHERLY OF SOUTHWEST 312TH STREET AND NORTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS DASH POINT ROAD). TAX PARCEL: 1221039016 SITE LEASE AGREEMENT - 12 - 11/2022 TMO Site ID: SE04653A - Lakota Park DocuSign Envelope ID: 3647402A-1CF8-4E8B-B5FO-4F6EA4FC5071 CITY OF CITY HALL 4 33325`� Fed eraI Way Feder Avenue South Federall Way, WA 98003-6325 (253) $35 7000 wwwcityoffedem1way com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT SITE LEASE AGREEMENT - 13 - 11/2022 TMO Site ID: SE04653A - Lakota Park z m N sS a < ? xF- W Z � WY x � cn W2 TT 12 IN < ' RSi W. g v w Ili w Amf� i $$ V 1-26, E W E--$ IL K B i� llFZG! 11a b wn � % � $' •3Gj � � n W � ggr�..r,e.. gg� _ < r e i si.awwww a k s � Of N age Z N p m w nl OQ W Y a w a Lo J m ll fn Q •, x C� t - AR LI L Q W W _ a FIBS = m W Z Q W a� w MS0 ~ C-1) o z RY�� m S 71 = .... W a. O 8 P ss g L S qggp: aps l •� gj �� y�� kF� �� 8 IN g -$ O o 53 i 3 � i o� g'A< § mr-.tga! i Sg; �g; s 1 � A@ @? �$� 3-HIN ~^ � a w„- sm a CI '�83R g;WU u�'E aua-.: dd� ag as `mS W WqqH $ �C 9�� m«cm. 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THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER Lockton Companies Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314) 432-0500 INSURED T-Mobile US, Inc. 1358772 Its Subsidiaries and Affiliates 12920 SE 38th Street Bellevue WA 98006 INSURER A: Continental a fNsuura n -- The Continental COVERAGE 20443 35289 r• kl==Ar_ce TAArilar ri=L77lGrr eTt= utIMPrFR 171CAFOR REVISION NUMBER: XXXXXXX V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO )( INIS F SUCH I I S Q BY PAID INS ILTRTYPE OF INSURANCE DL WSD UB WVO POLICY NUMBER POLICY EFi MMrOD71`YYY POLICY EXP MMlOQ1Y1'YY LIMBS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 7012343900 0510112CT23 05101121)2A EACH OCCURRENCE S 10,000,000 $ 10 000.000 NED EXP (Any one Rem2nA $ 25.000 PERSONAL & ADv INJURY S 10 000.000 (Tr=' L AGGREGATE LIMIT APPLIES PER: POLICY❑ JER° F_X1 LOC OTHER: 113ENERALAGGREGATE 5 20,000,000 PRODUCTS -COMPIOPAGG S 20000,000 $ A AUTOMOBILE LIABILITY x ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y Y 7012343878 05/01/202 05101/2024 cE0aMgBd"dEntS'NGLt;Llhai'f $ 5.000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident] $ )0000= ROPER�Y AMAGE Per aoc en $ XXXXXXX $ XXXXX)CX B B B X UMBRELLA LIAR EXCESS UAB CCUR Y N CUE7014886953 SIR applies per policy terms & conditions 05/01/202 05/01/202 EACH OCCURRENCE $SOOO,OOO IqLAIMS4AADE AGGREGATE $ 5,000.000 DED X RETENTION $ 10,000 $ B B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOPJPARTNE EREXCLUDRIE ECUTNE IMandatory In NH) If yes, des6ba under DESCRIPTION OF OPERATIONS below NIA N 7012343895 (AOS) 7012343881 (CA) 7012447142(AZ,MA,OR,WI) 05/01/202 05/01/202 05/01/202 05/01/2024 05/01/202 05/01/202A X PER TI TF FLEA t-tACCOENT $ 2,000,000 I.L. DISEASE - EA EMPLOYEE $ 2.000.000 E.L. OSEksF -POLICY LIMrr s 2.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The Certificate Holder and other entities defined by written contract, statute, permit application or written agreement are additional insureds on a primary and non-contributory basis under general liability and are additional insured under automobile liability as required by written contract. Waiver of Subrogation applies under general liability and automobile liability as required by written contract. **See Attached Endorsements— SE04799A - S. 1st Ave, 332th, Federal Way, WA --- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 12194596 AUTHORIZED REPRESENTATIVE City of Federal Way Mayor 33325 8th Ave South 4W Federal Way WA 98003 cACORD CORPORATION. Ali r g t5 reserve ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD III Attachment Code : D590641 Master ID: 1358772, Certificate ID: 12194596 r�� 1i6� 1 City of Federal Way Mayor 33325 8th Ave South Federal Way WA 98003 IMPORTANT NOTXE Dear Certificate Holder for T-Mobile and its subsidiaries (including Sprint): In our continued effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance going forward. To ensure future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 12194596 • Email: stl-edelivery@lockton.com • Phone:314-812-3888 If we do not receive your email address via one of the above methods prior to the client's next renewal, we will assume you no longer need the certificate. If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. The above inbox is for collecting email addresses for renewal electronic certificate delivery ONLY. You will not receive a response from this inbox. Thank you for your cooperation. Lockton Companies Lockton Companies Three CityPlace Dr, Suite 900 / St. Louis, MO 63141-7088 314-432-0500 / loak--ton.com Attach im78 Master ID: 1358772, Certificate ID: 12194596 1 It is understood and agreed that: If the Named Insured has agreed underwritten contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders atIeast 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailingto the last known mailing address of the Certificate holder on file with the Agent of Record will besufficienttoprove notice. Any failure by the I ns urer to notify such persons or organizations wi I I not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. .This endorsement, which forms a part of and is for attachment to the policy issued by the designated I ns u rers, :takes effect on the Policy Effective date of said policy at the hour stated i n said policy, unless another Form No: CNA75014XX (01-2015) Policy No: 7012343900 Endorsement Effective Date: 05/01/2023 Policy Effective Date: 05/01/2023 Underwriting Company: Continental Casualty Company © Copyright CNA All Rights Attachment Code: D559289 Master ID: 1358772, Certificate ID: 12194596 CNA NOTICE OF CANCELLATION TO.CERTIRCATEHOLDERS It is understood and agreed that: If you have agreed underwritten contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and If we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mail i ng to the last known mailing address of the Certifi catehol der on fi I e with the Agent of Record wi I I be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. This endorsement, which forms apart of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another Form No: CNA68021XX (02-2013) Policy No:7012343878 Endorsement Effective Date: 05/01/2023 Policy Effective D a te: 05/01/2023 Endorsement No: Policy Page: Underwriting Company: Continental Casualty Company (i Cnnvriaht CNA All Riahts Ia 8/8/23, 1:52 PM Corporations and Charities System BUSINESS INFORMATION Business Name: T MOBILE WEST LLC UBI Number: 602 567 475 Business Type: FOREIGN LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 12920 SE 38TH- ST, BELLEVUE, WA, 98006-1350, UNITED STATES Principal Office Mailing Address: 12920 SE 38TH ST, BELLEVUE, WA, 98006-1350, UNITED STATES Expiration Date: 01/31/2024 Jurisdiction: UNITED STATES, DELAWARE Formation/ Registration Date: 01/01/2006 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES, WIRELESS TELECOMMUNICATIONS REGISTERED AGENT INFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES GOVERNORS Title GOVERNOR Governors Type INDIVIDUAL Entity Name First Name PETER Last Name OSVALDIK https://ccfs.sos.wa.gov/#/BusinessSearch/BusinessInformation to 1/1 DocuSign Envelope ID: 7BB58CFD-4250-486B-B51F-506D7A66BBBD ASSISTANT SECRETARY'S CERTIFICATE OF AUTHORIZATION I, Frederick Williams, do hereby certify that I am a duly elected and acting Assistant Secretary of T-Mobile USA, Inc. a Delaware corporation and the business entities listed on Exhibit B (collectively, the "T-Mobile Entities", together "T-Mobile") and have access to the records and minutes of T-Mobile. I further certify that, based on information provided to me and subject to the applicable contracting policy, including without limitation, the Delegation of Authority Policy of T-Mobile, Jody Estes, Director, Network Engineering & Operations, is authorized to execute the ancillary agreements and documents listed in Exhibit A, on behalf of the T-Mobile Entities. DATED: 12/15/2021 1 9:21 PM PST T-Mobile USA, Inc. T-Mobile Entities Dce=S;gned by, 0 W512F7AE4Aq... Frederick Williams Assistant Secretary T Mobile- 12920 SE 38t" Street, Bellevue, WA 98006 www.t-mobile.com d:. DocuSign Envelope ID: 7BB58CFD-4250-486B-B51F-506D7A66BBBD Exhibit A The following ancillary documents area uthorizedforsignatureto the extent related to an individual cell site (macro)': Affidavits/Pleadings required to support litigation or zoning/permitting applications Bill of Sale (for equipment being left for the landlord ora third party after T-Mobile vacates a site) Cost Share Agreements, including the development and construction of sites fora municipality (RFP for new site builds/structure modifications) COW/COLTAgreements Easements Entry and Testing Agreements Generator Agreements Indemnification agreements relating to permits Indemnification agreements/authorizationsfor utility to install equipment above power lines Memorandum of Lease (MOL) and release of MOL Microwave Agreements RFPs from municipalities/government agencies for cell site leases (non -binding agreements only) Settlement agreements for back rent/utilities or property damage Single site agreements includingsite leases/licenses/subleases/sublicenses, amendments, consent agreements, temporary relocation/reimbursement agreements, utility use agreements, lease termination agreements/pay and walk agreements, but not lease termination notices or notices of non -renewal Various forms required when dealing with federal, state, or local government agencies Zoning or Permit Approvals that need to be countersigned by any of the entities in Exhibit B Excluded Agreements: The following documents can only be executed byT-Mobile Procurement or Property Management personnel with the required signing authority: • National/Regional Master Lease and BTSAgreements/Amendments • Distributed Antenna System (DAS) Agreements • In -Building Agreements • Small Cell Agreements • Estoppels • SNDAs ■ Lease termination notices or noticesof non -renewal • Bonds • Any agreementthat needs to be executed on behalf ofT-Mobile USA, Inc. • Tfb Agreements 1 The Delegate is also authorized to execute non -Excluded Agreements listed on this Exhibit A in connection with the implementation of initiatives led by T-Mobile's Procurement and Alternative Coverage Solutions teams, e.g., small cells, distributed antenna systems (DAS), and in -building agreements. T-MOBILE CONFIDENTIAL — DO NOT SHARE WITH THIRD PARTIES P a g e 1 2 DocuSign Envelope ID: 7BB58CFD-4250-486B-B51F-506D7A66BBBD Exhibit B T-Mobile Region: West T-Mobile Entities Authorized: Clear Wireless, LLC MetroPCSCalifornia, LLC MetroPCS Nevada, LLC Nextel South Corp. Nextel West Corp. Sprint Communications Company, LP Sprint Corporation Sprint PCS Assets, L.L.C. Sprint Solutions, Inc. Sprint Spectrum LLC Sprint Spectrum Realty Company, LLC Sprint/United Management Company SprintCom, Inc. T-Mobile West LLC T-MOBILE CONFIDENTIAL — DO NOT SHARE WITH THIRD PARTIES P a g e 1 3 Taryn Weatherford From: Meagan Dockter <meagan.dockter@taec.net> Sent: Wednesday, November 15, 2023 4:52 PM To: Taryn Weatherford Subject: RE: SE04653A Lakota and SE04753A Twin Lakes [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. also wanted to say that John is his real name, but he goes by Jody Estes in the T-Mobile corporate circle. If that is an issue let me know and I'll see if I can get them to send additional paperwork. Regards, Meagan Dockter Technology Associates, EC INC. Senior Site Acquisition Specialist I Meagan.Dockter@taec.net I M: 206-218-7101 9725 3rd Ave NE, Suite 410 1 Seattle I WA 198115 From: Meagan Dockter <meagan.dockter@taec.net> Sent: Wednesday, November 15, 2023 4:48 PM To: Taryn Weatherford <Taryn.Weatherford@cityoffederalway.com> Subject: RE: SE04653A Lakota and SE04753A Twin Lakes Hi Taryn, Here is the signing authority for you. Thank you. Regards, Meagan Dockter Technology Associates, EC INC. Senior Site Acquisition Specialist I Meagan.Dockter@taec.net I M: 206-218-7101 9725 3rd Ave NE, Suite 4101 Seattle I WA 198115 From: Taryn Weatherford <Taryn.Weatherford@cityoffederalway.com> Sent: Wednesday, November 15, 2023 8:05 AM To: Meagan Dockter <meagan.dockter@taec.net> Subject: RE: SE04653A Lakota and SE04753A Twin Lakes CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Never provide your username or password. Good Morning Meagan, 6/26/23, 9:11 AM King, WA- geoAdvantage by Sentry Dynamics King County Parcel Information Parcel:1221039016 Owner Information Owner: Federal Way City Of 33325 8th Ave S Federal Way WA 98003 Parcel Information TRS-Qtr: 21 NO3E12 - SE Address: 31250 SW Dash Point Rd Federal Way WA 98023 Parcel Size: 28.50 Acres (1,241,551 SgFt) Present Use: Park, Public(Zoo/Arbor) School District: Federal Way School District Current Zoning: Federal Way -SE - Single Family, Lower Density Census Tract/Block: 030201 - 4012 Map Grid: 744-G3 % Complete: 0.00% Property Type: Residential Plat/Subdiv.: Plat Vol./Page: Lot: Block: Unit: Views: Recreation: Lakota Park - Parkview Assessment Values Improvement: $1,000.00 Land: $2,020,000.00 Total: $2,021,000.00 Utilities Water System: WATER DISTRICT Street Surface: PAVED Transfer Information Rec. Date: 11 /16/2010 Owner: Federal Way City Of Orig. Loan Amt: Finance Type: CHICAGO TITLE NATIONAL COMMERCIAL SERVICES Tax Details Tax Year: 2023 Tax Area: FEDERAL WAY Levy: 1205 - 9.5141 Property Tax: $198.70 Tax Status: N/A Legal NE 1/4 OF SE 1/4 LESS POR NWLY OF ROBT MALTBY RD & SWLY OF CO RD # 980 & NLY OF DUMAS BAY RD LESS CO RDS & LESS NW LY 22 FT FOR RD PER REC #20160620000489 Sewer System: PUBLIC Access: PUBLIC Taxable Improvement: $0.00 Taxable Land: $0.00 Taxable Total: $0.00 Topography: Sale Price: Doc Num: 2010121000090 Doc Type: Deed 7 Grantor: FEDERAL WAY CITY OF Title Co: Loan Type: Lender: Sentry Dynamics, Inc. and its customers make no representations, warranties or conditions, express or implied, as to the accuracy or completeness of information contained in this report. https:/leiients.senUydynamics.neVgeo/wafking?layout=null&min=Falsegdevinfo=undefined&addx=True&anime=null&gmenu=null 1/4 6/26/23, 9:11 AM King, WA- geoAdvantage by Sentry Dynamics Full Assessor Map Parcel ID: 1221039016 ON 1 C H ICAGO TITLE Site Address: 31250 SW Dash Point Rd NATIONAL COMMERCIAL SERVICES Sentry Dynamics, Inc. and its customers make no representations, warranties or conditions, express or implied, as to the accuracy or completeness of information contained in this report. https://clients.sentrydynamics.net/geo/wa/king?layout=null&min=False&devinfo=undefined&addx=True&anime=null&gmenu=null 2/4 6/26/23, 9:11 AM King, WA- geoAdvantage by Sentry Dynamics Assessor Map ',�:.. _ -•- ._` } SE12.21-03 7— Z y 1` 1 I' T"- 7l 1 t r - = 41 CHICAGO TITLE Site Address: Site Address: 31250 SW Dash Point Rd NATIONAL COMMERCIAL SERVICES Sentry Dynamics, Inc. and its customers make no representations, warranties or conditions, express or implied, as to the accuracy or completeness of information contained in this report. https:l/clients.sentrydynamimnet/geo/walking?layout=null&min=False&devinfo=undefined&addx=True&anime=null&gmenu=null 3/4 6/26/23, 9:11 AM King, WA- geoAdvantage by Sentry Dynamics Aerial Map Parcel ID: 1221039016 CW CHICAGO TITLE Sentry Dynamics, Inc. and its customers make no representations, warranties or conditions, express or implied, as to the accuracy or NATIONAL COMMERCIAL SERVICES completeness of information contained in this report. https://clients.sentrydynamics.neVgeo/wa/king?layout=null&min=False&devinfo=undefined&addx=True&anime=null&gmenu=null 4/4 �.. e•Iz•ea 4� r �� wYG bT \ Tract No. 3-CT-10 TRANSMISSION LINE EASEMENT The GRANTOR, herein so styled whether one or more, FREDA CANDLER, as her separate estate, owner; and NINELAKE DEVELOPMENT, INC., a Washington Corporation, contract purchaser, e� for and in consideration of the sum of — TWO THOUSAND SIX HUNDRED — — — — — — — — — — — — — „ —————— ———————————— —-— ———————.— — — —— Dollars ($2,600.00 ). in hand paid by the UNITED STATES OF AMERICA, receipt of which is hereby acknowledged, hcrch.;grnnts, bargains, sells, and conveys to the UNITED STATES OF AMERICA and its assigns, a perpetual easement and right to enter and erect, maintain, repair, rebuild, operate, and patrol 1 Or more line(s) of electric power transmission structures and appurtenant signal lines, including the right to erect such poles, transmission structures, wires, cables, and appurtenances as are necessary thereto, in, over, upon, and across the following -described parcel of i land in the County of Kin > in the State of g Washington , to -wit: i tL That portion of the SAOAZ and the SEJflWW2,' of section 17, Township 21 North, Range 4 Past, Willamette Meridian, King County, Washington, Which Use within a strip of land 62.5 feet in width lying on the southerly side of, running parallel to, and adjoining the Bonneville Power Administration's existing 2O0-foot right of way for the Covington-Taecma transmission fixes Nos. 1 and 2; the location of said 200-foot right of way 3s shown -in an d�,�-hunt recorded in Volume 2064 of Deeds, page 561, records of King County[ Washington. As a part of the consideration for the easement herein granted, the UNITED STATES l i OF AMERICA releases the rights it acquired in an access road (CT-AR-4, Parcel 1) under instrument recorded in Volume 2003 of Deeds, page 239, records of King County, Waish- ington. It is understood and agreed that motor vehicle parking and storage of non- inflammable materials will be permitted on the above -described right of way provided such use does not interfere with the use of the right of wary for electric transmission purposes above stated. It is further agreed that the granters, their heirs and assigns may use the surface and subsurface of the said described easement property for underground utilities, for roads crossing said right of way, and for recreational uses, provided that such uses do not interfere with the use of the right of way for electrical transmission purposes abovs stated. The grantors, their heirs and assigns may construct such parallel service roads on said easement property as the granted -may i hereafter specifically consent to in writing. 0-061 A?R 15 ISO f il©d by LT I T co together with the present and future right to clear said right of way and keep the same clear of brush, timber, sauc- !1 .trees, and fire hazards, provided that fire hazards shall not be interpreted to include any growing clops other than trees. TO HAVE AND TO HOLD said easement and rights unto the UNITED STATES OF AMERICA and its assigns, forever. ' , The Grantor covenants to and with the UNITED STATES OF AMERICA and its assigns- that the title to all brush, timber or structures existing upon the right of way on June 24, 1959 r shall vest in the UNITED STATES OF AMERICA on said date; and that the consideration stated herein is accepted by the Grantor as full compensation for all damages incidental to the exercise of the rights granted,heteuader. The Grantor also covenants to and with the UNITED STATES -OF AMERICA that Grantor4slawfullydeized and possessed of the lands aforesaid; has a good and lawful right and power to sell and convey same, -that same are free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and defend the tide to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. - - IN WiTNM MHERW, NBULM DEMWFIENT, INC. has Caused this instrument to be signed by its proper officers thereunto duly authorized and'its corporate aeal to be hereunto affixed this &A day 7/4~A) , 196d s FW awm has exstated this instrument this day of- — 191. r Weda Gaudler (SEAL) rTTAMLARF. DEVELOPMOT, INC. ATTEES r J president 3eerstaryr APR15.WDIF led by LTI sPA-7J3 `- P�v. (Corporate Form) illy is .63 �+<♦1ru 42 Meow Morm a xft"r R awd "As 3. Nc sw rt , Ise► sue ; t am tad at tka to a i>r's. c/ to volt" ; 7tatoa at AmIS AAWtI ra. t! s, !, a, act or --yyaaay a; awI a *s# o yir_.aa.,rt test az� v��r, f/i -. fi i"• ms"rg wo ."rat is .A t J# La iLom. liaa WU4" a slrij of 3t 16k, tt L VJAU, !$lag oa ►..s ;-., y all,, rsr, the S411064a dA ba=arrl:..a : a"r, ttrm4, a esu.l as i+4.1 t crrloa LuA. :�ri� rraxaara t/>f l.to :. 1y wwsy of on striper 14 lylat lot ft Ala% aaly rroa,a •.� ��/ t,t►r -'wmPr la or tta -OVIAg os-P•.00-4 1a bu. 2 a. w% 10/atrt S All Ra Tit t MWK Glop � h -"I iypi aaVst mAj t•o taaaat-past pri.fy, tl ra►vray IS befog partalrly �r s -&% 01 a%My strata J07*n.lo a lit ba tas '.la at ssa 17, to LL h, it 4 rwa M I;"- "lot a 9,40 ► a tiro i.t 1�7ia.at tt tr�t►s tL. 1r]R str �o,:.�. of od as• 1 1 ties a a dolt or tt w ■ant stat'a .1+1a7i.1 book 94MA16 J4701401 �.�r#I " s W.W* t a sist of 3�76.9 t4 to otrtaf atata S'Iraiil.v a tit as tLa ■ tort ■a asa 170 M ;t aa1... X 0•83 2 a tlat of 52+.7 rt r 'a too IV ser of ad rot 17. TAG •rltrst east as aY U3118 $4- Iona■ kftlart Mario Cone tort 14V 4aly oy %orvw S:awbtrt sai ' arlo co NvubArt 1r wA .t ar door t *Yarao r Af for we res of ..Non*ay [ a. Jog It ;)) s 11 rp. KJNG NO Fi1A a >2c At The Request OfOTLSE Ax Due RECEIVED IMS DAY F iE B 2�+0 1991 E 1 1 7 613 2 LAK0TA PARK ~,(]g CDrsrlty Rea! Property Ui ioH SPECIAL WARRANTY DEED Fte10 21r' r191 of i lir Uf Pi. art!, rf The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefits, pursuant Lo King County Ordinunee No. 9745 does hereby convey and warrant unto the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, the following described lands, situate in Piing County, Washington: Portion of NE 1/4 of SE 1/4, Section 12, Township 21 North, Range 3 East, W.N., lying Southeasterly of the Robert Maltby Road AND ALSO portion of said subdivision lying Northeasterly of County Road No, 980 and North- westerly of Robert Maltby Road. SUBJECT TO: Easement granted to Puget Sound Power & Light Company for an electric transmission and/or dis- tribution system as recorded under Auditor's File No. 7510030520. Easement granted to Lakehaven Sewer Dis- trict for a sewer trunk line as recorded under Auditor's file No. 7703090767. The warranty herein is limited to the acts of the Grantor, and against claims and demands of all persons claiming by, through and under the Grantor herein. The City covenants to operate and maintain the site in perpetuity to the extent allowed by law as public open space or as a public Cj__ recreational facility except that the City may trade the site or CEO part of the site for property of equal or better recreational O value. The City further covenants that it will not limit access O to the park so as to restrict usage by non -City residents to CV facilities existing as of the date of transfer of title to the NO City or later built on land transferred pursuant to this section and that any and all user fees, including charges made by any CT lessees, concessionaires, or other assignees shall be at the same rate for non -City of Federal Way residents as for the residents of the City as to facilities and programs existing as of the date of transfer of title or later built or initiated on land trans- ferred pursuant to t13is section t the City. p Dated this day Of. KING COUNTY, WASHINGTON BY 60}J stz: STATE OF WASHINGTON 1 SS COUNTY OF KING I certify that fjl.11 ) )sc/,- -a, _signed this instrument, on oath &tated that he was (jUthorized by the King County Xe ti to zeeut thg i strutnen nd acknowledged it as the l•��r, C•V.1'Cl.f'�C•[•tif_11�I1t/i.I�LL_[-C`liof King County, Washington to be 'the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated l :221 : NOTARY StatePJ8 C i of Washington, tZ CJ My appointment expires ti "� ja1r 4 4'e 6*54ou sit1. l:sx sin is,}utrr: t GZ4 :.t,clo G .tui rt, 1su aui t go0 a" at T116 ur irt% %a JAlt" z'ta946 ox »raia "aeries$ rp a, a. 00 4A.A or u *+, 43�1 I a to, a, 1.41_ &QQW6 .amt r;V over, U,kWA, Ualsr, GhA &#coos w4 .4 A In Mork :13st Fvr of cuo si cot tar Ott of a to 1$ , tp. 11 N. it 4 rti..;, +,4*1 +•c;� lies 9At 41A ■ Z91lp CS I I" rt is TaICMI .artat Qu L a ....g siic rerdc r,.11t,u.4 aA tsa �i.+tfl1►la.0 :a�fyr ,d.3t•s,�;'A Ms.lz.1•+. 1u�7-t't Carit,&t *#� Yranww in jr/rt t.ho 11r ww - S at 84 otrtp far id lylcq. 140 rt al,t jay irb-,* 4 pi.t Gh* wArVar I& of ti:e ,cylat�.fy&•C.#o<ax '.r�,cna:, 2 M. 1063ta4 444 'Sua- l4 an th r rf+uuw pier, w_ rus aar�ar iA 4. ZCaa>ar-400, prJ>iy, 6.4 �O4 pe talrlt 11' C bft %: stir147 st&ku W fvgol, a yt 04 the l.o ut ass 17, tp 21 ::'* A *,A or:)$ 1 ■ Cot of 12?(!.g att trc.z uo ir4 eurara;-4a- ot ad 8,60 1 i th it a 401t of dsu,b tt ststa J+W,1 agar )17+14,1 m�.aysj ti _ a dl#% v1 )370.y ct t=: fDlLrtij st6t4 a 1-t G'1 too I lso# ao see 17• ra 9% soi.,;; k 0.450 A a dl*% of 521.7 tt r ,s w,a . p *or at ■d M0 176 The &Corso samt sia a■ U)SK S4-- ASIPJ4a ilsA41t garir C,Ysulart icon )i4r 14 kA by 2@r-wwi i;*-i*rt aw1 I-arlr C. Niw6.i-rt A4 an4 -r 4: visor C,Varss.r ap for ow rats r,t ::paospatlAo Jon 16 4$ 11• rp. F NIa br er. a. lz•ei 1 ,C' . . - .. — 7�: 91 w\ 1 Tract No, 3-CT-10 t' "�� TRANSMISSION LINE EASEMENT [ The GRANTOR, herein so styled whether one or more, FREDA OANDLER, as her separate estate, otmer; and NINEWE DEVELOPMENT, INC„ a Washington Corporation, contract purchaser, f{ for and in consideration of tl,e sum of - TWO THOUSAND STY. HUNDRED - - - - - - - - - - - - - - r --------- -- -- ------- ------ --.- ---- Dollars (S2,600.00 ), in hand paid by the UNITED STATES OF AMERICA, receipt of which is hereby acknowledged, hctcl,y-grants, bargains, sells, and conveys to the UNITED STATES OF AMERICA and its assigns, a perpetual easement and right to enter and erect, maintain, repair, rebuild, operate, and patrol 1 or more Une(s) of electric power transmission structures and appurtenant signal lines, including the right to erect such poles, transmission structures, wires, cables, and appurtenances as are necessary thereto, in, over, upon, and across the following -described parcel of land in the County of King , in the State of Washington , to -wit: ' t V' tL That portion of the SrafgSW4 and the SE4NW4aT of Section 17, j Township 21 Forth, Range b East, Willamette Meridian, Xing County, We8hington, which lies within a strip of land 62.5 test in width lying on the soatherly Bide of, running parallel to, and adjoining the Bonneville Power Adminiatrationrs existing 2OD-Coot right of wf,,y for the Covington -Tacoma transmission lines Nos. 1 and 2; the locatii:3 of said 200-foot right of way is shown -in an instrument recorded :In Volume 2064 of Deeds, page 561, records oT King County, Washington. As a part of the consideration for the easement herein granted, the UNITED STATES OF AMERICA releases the rights it acquired in an access road (CT-AR-4, Parcel 1) under instrument. recorded in Volume 2003 of Deeds, page 239, records of King County, WAeh- ington. It is understood and agreed that motor vehicle parking and storage of non- inflammable materials will be permitted on the above -described right of way provided I such use does not interfere with the use of the right of way for electric transmission purposes above stated. It is further agreed that the grantors, their heirs and assigns may use the surface and subsurface of ttie hsid described easement property for underground I utilities, for roads crossing said right of way, and for recreational uses, provided iii that such uses do not interfere with the use of the right of way for electrical transmission purposes above stated. The grantors, their heirs and assigns may !!! construct such parallel service roads on said easement property as the grantee may hereafter specifically consent to in writing. ^.• �rrf� �' APR1 INOfHad by LTl - M together with the present and future right to clear said right of way and keep the some clear of brush, timber, struc- T'1 qr�.turee, and fire hazards, provided that fire hazards shall not be interpreted to include any growing crops other than trees. .TOHAVEAND TO HOLD said easement and rights unto the UNITED STATES OF AMERICA anddts assigns, ah forever.• .. The Grantor covenants to and with the UNITED STATES OF AMERICA and its assigns• that the title to all brush, timber or structures existing upon the right of way on June 24, 1959 1 shall vest in the UNITED STATES OF AMERICA on said date; and that die consideration stated herein is accepted - by the Grantor as full compensation for all damages incidental to the exercise of the rights granted: hereunder. . The Grantor also covenants to and with the UNITED STATES -OF AMERICA that Grantor -is lawfully Seized and possessed of the lands aforesaid; has a good and lawful right and power to sell and convey same; -that same are free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all, persons whomsoever. - - IN 11ITNESS %VERW, NINELAKE DEVEWPb}ElTp, INC. has caused this instrument to be signed by ita proper officers theraunto duly authorised and'its corporate seal to be hereunto is in tills nt ref dap Y• 77?slc�{J 1� g � pgNl}I has executh ted tdlis instrluaeat this day ot�� 19 .iu--- re a er (SEAT) NrhlF:r•M DEVELOPM)3N'1', INC. 1 ArrEsk eaidant Secretary APR 151960Fised by LTI {Corporate Form)