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AG 17-117RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM � O( IV 1 flh/1t?1�tEXT: Z- Z 3. DATE REQ. BY: S'//" /I . ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O ORDINANCE❑ RESOLUTION O CONTRACT AMENDMENT (AG#): 17-111 ❑ INTERLOCAL IX OTHER I��'uc iM PROJECT NAME: m / /218,14t� � 17-117 id, /oSadea NAME OF CONTRACTOR: ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE . EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE O PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED O PROJECT MANAGER ❑ DIRECTOR apokyvs s/lv(14.Ig ❑ LAW I '� Mal 2-01 ? 1. COUNCIL APPROVAL( IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS O 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 SIGNED SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# O SIGNED COPY RETURNED :OMMENTS: 94 �---- �c%�JIf'' .1' AG# DATE SENT: 6523 —!$ --41— ate( I 001 It -- Innlu April 18, 2018 City of Federal Way City Attorney's Office 33325 8th Ave S. Federal Way, WA 98003 CLSr RE: AT&T Site: NE Tacoma (WA6696/FA#10032282) Letter of Authorization/Consent Site Address: 33914 19th Ave Southwest, Federal Way, WA Dear Sir or Madam: In accordance with the Site Lease Agreement which commenced on January 1St, 2017 by and between the City of Federal Way, a Washington municipal corporation ("City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Tenant"). This letter is being sent to you on behalf of AT&T to notify you of their proposed modifications to their wireless communications facilities located at the address referenced above. The proposed modifications are necessary to enhance the performance of AT&T's Network. The scope of work to be involved will be to remove (3) existing antennas and replace with (3) new antennas model# EPBQ-654L8H8-L2; remove (3) existing remote radio heads and replacing with (3) RRH 4T4R B12/B14 and (3) remote radio heads model# RRH 4T4R B26/66to be installed behind the antennas. There will be no visual impact caused from this modification. By executing below, you acknowledge your consent/authorization to the proposed modifications. Please kindly return (1) original copy to my attention in the attached postage -paid envelope, to the below address prior to May 18th, 2018. Alma C. Tijerina Site Acquisition Manager CLS Group 609 S. Kelly Ave, Suite D. Edmond, OK 73003 If you have any questions, please contact Alma Tijerina @ (210) 687-3395 or atijerinana clsgroun.com Sincerely, aim-, Alma C. Tijerina Site Acquisition Manager Acknowledged, Accented and Agreed: Landlord Signature: Printed Name/Title: \,,,r� ) P4A/fj/'f- Date: e=� 609 S. Kelly Avenue, Suite D, Edmond OK 73003 www.clsgroup.com 2/2017 RETURN TO: / /, EXT: �1 � 1 u CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. COMMENTS: ORIGINATING DEPT./DIV: (_A (j) / rt VI ( ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: 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 0 ONTRAC MENDMENT (AG #): ❑ INTERLOCAL OTHER J t in /* //1n w,st (AG 0 a - ©6 1 &/? PROJECT NAME: / / ■ , , A' // /. . , ��..i/ fi / , 1 'I ,L / A / .iii AI ' . A4 _ _ NAME OF CONTRACTOR: MT' / 564 Lt t, ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: TITLE EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: DOCUMENT /CONTRACT REVIEW INIL,_I• L / DA E R: VIEWED INI1_.• L / DAT AP ROVED EL/PROJECT MANAGER MGM 20 0', i /z-i 20 I % ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑LAW OF Z$ jM'.- 2,0 77 COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATED ELECTRONIC REMINDER/NOTIFICATION FOR ONE MONTH PRIOR TO EXPIRATION DATE INITIAL / DATE SIGNED ❑ LAW DEPARTMENT _ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG 0 -Xa( C, ❑ SIGNED COPY RETURNED DATE SENT: Ib-03-1} it- 2/2017 June 27, 2017 Mayor City of Federal Way 33325 8th Ave. S Federal Way, WA 98203 Dear Sir or Madam, at &t Please accept this notification that AT &T Mobility ( "AT &T ") will be installing fiber to above referenced Cellular Site within the upcoming months. Scope of Work: Install 1730 H -H intercepting existing 4" conduit next to quest vault along sidewalk of SW Campus Dr., Use existing 4" conduit to 233 LA pull point next to shelter 190ft., from 233LA to J -box penetrating shelter 20ft. (Very sharp thorn bush covering J -box, must be cut to access) Install (1) new 1.25" innerduct from meet point to 233LA pull point, from Pull point to J -box then from shelter penetration to data rack. approx. 260ft total.. Please reference attached photos /drawings. Consent Required: Pursuant to the Agreement your consent is required to complete this work. Therefore, please indicate your consent by dating and signing below and returning this letter within 30 days from receipt. Please return to me by email at h.huttner @am - comm.com. Should you have any questions, please feel free to contact me. Thank you, Heather Huttner A &M Communications Representative for AT &T SAQ Consultant h.huttner @am - comm.com (206) 696 -2522 Approved and Agreed to By: City of Federal Way, a Municipal Corporation Sign: W .r Name _ Title: Date: 'CENTERLINE Centerline Solutions LEC Package Site Information Site Name: NE Tacoma FA: 10032282 USID: 75187 Address: 33914 19th Ave SW City: Federal Way State: WA LEC ZAYO Service Type ETTCS - C2C Fiber Trouble Ticket Number: Completion Date: Comments Meet Point; Proposed 1730 H -H intercepting existing 4" conduit next to quest vault along sidewalk of SW Campus Dr., Use existing 4" conduit to 233 LA pull point next to shelter 190ft., from 233LA to 1-box penetrating shelter 20ft. (Very sharp thorn bush covering J -box, must be cut to access) Install (1) new 1.25" innerduct from meet point to 233LA pull point, from Pull point to J -box then from shelter penetration to data rack. approx. 260ft total. ZAYO to place equipment on existing 19" data rack, NO FAP on rack, Centerline will provide (4) sets #14 Telco from +24v Argus cabinet (25ft.) (2) #14 Grounds, (4) l0a Bullet Breakers and (1) LC -LC fiber jumper. Site Compound / Site Placard Zt•••; atR AUTHORIZED PERSONNEL ONLY! In ea o emer ^ wpwm p.S.COnt maintenance • e. w W43 S2R2 and reference cell u•e nu ... Meet Point Location along SW Campus Dr �l I Meet Point / Location /Proposed 1730 H -H Proposed Intercept point / Install (1) new 1.25" Innerduct to site Existing 4" conduit to 233LA pull vault 190ft tail - .^r� 233LA Pull Point Location 1 Existing 4" conduit path from Meet point to 233LA 233LA Pull Point/ J -box penetrating shelter in thorn bushes Proposed ID path from shelter penetration to rack approx. 40ft Proposed Innerduct path through shelter approx. 40ft. Zayo equipment placement/ Ground Bar on existing Data Rack Proposed path for LEC power leads from Data Rack to +24v Argus (25ft) Proposed power path from Argus to Data rack 25ft. Site Drawing RETURN TO: NA p EXT: C / CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: L1A'W 2. ORIGINATING STAFF PERSON: mattu, pu, W w iS EXT: f D— 3. DATE REQ. BY: 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 AMENDMENT (AG #): ❑ INTERLOCAL OTHER ¶3t tt 5. PROJECT NAME: la 19; \'i& 1. 6. NAME OF CONTRACTOR: `i� W (k'PJLeSs ?C3 ADDRESS: E -MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: _uptA Q Q,GU cryt. COMPLETION DATE: -P Githr 9. TOTAL COMPENSATION $ U-1?j .1V (1" " �^Kt 3�I. FAX y'CG►'r 6 itV � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - A CH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 712C, N I12111- 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: `7, �l 11- COUNCIL APPROVAL DATE: v 12. CONTRACT SIGNATURE ROUTING y ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 111 OA I q' DATE REC'D: 1 14( t ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATED ELECTRONIC REMINDER/NOTIFICATION FOR ONE MONTH PRIOR TO EXPIRATION DATE I.LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# I SIGNED COPY RETURNED( IVral) COMMENTS: OF hack- lytt 4 //AI A INITIAL / DAT SI NED AG# -it DATE SENT: 07- 21-11-- 2/2017 CITY OF ...< Federal Way SITE LEASE AGREEMENT CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wlvw..ct ffedern1Waycrrm This Site Lease Agreement ("Lease") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and New Cingular Wireless PCS, 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: NEW CINGULAR WIRELESS PCS, LLC: New Cingular Wireless PCS, LLC 575 Morosgo Drive Atlanta, GA 30324 1- 866 -921 -6959 (telephone) CITY OF FEDERAL WAY: City Attorney's Office 33325 8`" Ave. S. Federal Way, WA 98003 -6325 (253) 835 -7000 (telephone) (253) 835 -2569 (facsimile) City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Property "). Tenant desires to lease space on and air space above the Property 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 "). As of the Commencement Date, as defined below, this Lease replaces the Site Lease Agreement dated May 28, 2002, and amendments thereto, between the City of Federal Way, Washington, a Municipal Corporation and Cingular Wireless, LLC, a Delaware limited liability company, predecessor to Tenant ( "Prior Lease "). 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 Property as legally described in attached Exhibit A, together with necessary space and rights for access and utilities, described and depicted in attached Exhibit B (collectively, the "Premises "). Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C. Tenant may not add Equipment in addition to that shown on Exhibit C 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 January 1s`, 2017 (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 SITE LEASE AGREEMENT - 1 - 7/2015 C*T FY OE ederal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 tnnwcutyoff?deraitinry com reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least six (6) months prior to expiration of the then current five (5) year term. 3. Rent. a. Commencing on January 1st, 2017 and on the first day of each month thereafter, Tenant shall pay to City as rent Two Thousand Eight Hundred Ninety -Three and 76/100 DOLLARS ($2,893.76) ( "Rent ") per month. Rent for any fractional month at the beginning or at the end of the initial term or Extension 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 three percent (3 %) per year throughout the Term of this Lease and Renewal Terms (if any). Each three percent (3 %) increase shall become effective January 1st of each calendar year. c. Pursuant to the Prior Lease, Landlord and Tenant acknowledge that Tenant paid to Landlord a security deposit in the amount of Five Thousand and 00 /100 Dollars ($5,000.00) ( "Security Deposit "). Such 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. d. Additional Consideration. As additional consideration for this Lease, within thirty (30) days after the full execution of this Lease, Tenant shall reimburse the City for all of the City's costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees and the time expended by the City staff and City Attorney's office, provided that in no event shall such reimbursement amount exceed Five Thousand and No /100 Dollars ($5,000.00); and provided further that, as a condition precedent to Tenant's obligation to reimburse the City herein, City shall provide to Tenant documentation of such costs and expenses. 4. Permitted Use of Premises. a. Tenant shall use the Premises 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 fixtures mounted to replacement pole. 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, SITE LEASE AGREEMENT 2 7/2015 CITY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 Hvwwctty affadene aycorn 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 Premises by Tenant. Federal Way 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 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 nonremoval, 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, relocate, change, or reconstruct the Equipment pursuant to the City's instructions and within the reasonable time period prescribed by the City. e. Should Tenant expand the Premises, with written approval of City, Tenant will pay and City will accept as additional Rent under the Lease an amount equal to the then current Rent calculated on a per square foot basis as multiplied by each additional square foot added to the Premises. Upon approval of City, a description and /or depiction of the modified Premises will become part of the Lease. 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 SITE LEASE AGREEMENT - 3 7/2015 CITFederal Way Y OF 3332 HALL Federal Sth Way, WA South 003 Federal Way, WA 98003 -6325 (253) 835 -700(} ws •w atyafederonvey.com 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 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 provided that the replacement facilities are not greater in number or size or different in type, color or shape 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 C with the prior written approval of City, such approval shall not be unreasonably withheld. 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 thirty (30) 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. Tenant further agrees to monitor the Equipment for fire, smoke, intrusion, and A/C power failure by Tenant's 24 -hour electronic surveillance system. 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. 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 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. SITE LEASE AGREEMENT - 4 7/2015 c$TY of 4., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 w v s.ceyi ifwterafway corn 11. Compliance with I..aws. 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 that all or a portion of the Property located within a 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 Property by City, lessees, licensees, or other entities authorized by the City with rights to the Property prior in time to Tenant's and in compliance with the requirements of FWRC 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 Property. 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. by Tenant upon sixty (60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to six (6) months' Rent, at the then- current rate; iii. Upon thirty (30) days written notice by City if Tenant abandons, SITE LEASE AGREEMENT 5 7/2015 411416, CITY OF 3332 HALL Federal Way Feder 8th Way. South Federal Way. WA 98003 -6325 (253) 835 -7000 www.c tyoifederaltray.com 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 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). vi. Upon thirty (30) days written notice by Tenant of a court decision described in Section 26(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. vii. 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 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, SITE LEASE AGREEMENT 6 7/2015 CITY OF ~..- Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835 -7000 wwv: cft}efffderolney com 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 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 of City and 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 City, its officers, boards, commissions, employees and agents as additional insureds on required commercial general and auto liability coverage, the following types and limits of insurance: i. Commercial general liability insurance with limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Commercial automobile liability insurance with combined single 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 or qualified self - 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: Tenant shall provide at least thirty (30) days' prior written notice to City of cancellation or non - renewal of any required coverage that is not replaced. f. Deductibles: Any insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers eligible to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Self Insurance: Notwithstanding the forgoing, Tenant may, in its sole discretion, self - insure any of the required insurance under the same terms as required by this Lease. In the event Tenant elects to self - insure its obligation under this Lease to include City as an additional insured, the following conditions apply: (i) City shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) City shall fully cooperate with SITE LEASE AGREEMENT - 7 - 7/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wvevwcrt offecferalwaycan Tenant in the defense of the claim, demand, lawsuit, or the like. i. 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, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. 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. 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. Notices will be addressed to the parties as follows: If to City: If to Tenant: With a copy to: City of Federal Way, City Attorney 33325 8th Avenue South Federal Way, WA 98003 New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site No. WA6696; Cell Site Name: NE Tacoma (WA) Fixed Asset No. 10032282 575 Morosgo Drive Atlanta, GA 30324 New Cingular Wireless PCS, LLC AT &T Legal Department- Network Counsel Re: Cell Site No. WA6696; Cell Site Name: NE Tacoma (WA) Fixed Asset No. 10032282 208 South Akard Street Dallas, TX 75202 -4206 SITE LEASE AGREEMENT 8 7/2015 CITY OF F d r l Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vv vw.ctfyoffederahvey.com 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. 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. City represents to Tenant that: a. City has authority to execute this Lease; 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 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 SITE LEASE AGREEMENT 9 7/2015 CITY ©F Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 4Vww. cit yoffectemlway con 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 shall restore the Premises to the same condition as existed prior to this Lease. 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. Rental Stream Offer. If at any time after the date of this Lease, City receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with this Lease ( "Rental Stream Offer "), City shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within ninety (90) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to City within the ninety (90) day period, City may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Lease. If City attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Lease and reserves the right to hold payments due under this Lease until City complies with this Section. 26. 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. 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 SITE LEASE AGREEMENT - 10 - 7/2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vimwolyaftederaMoycorn 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. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Agreement substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 27. 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. SITE LEASE AGREEMENT [Signature page to follow] - 11 - 7/2015 ATTEST: CITY OF Fede a ay p anie Courtney, CM City Clerk 00-E- t) ,V STATE OF ss. COUNTY OFWkS1-‘11JC111 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 836 - 7000 Wa4vcrtyofroderntway corn CITY O E' • AY: By: m Ferre 1, Mayor 33325 8th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: &g. J. Ryan Call, City Attorney TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: Name 63/X1 Title 3j Address may ( .w� ,4 `-T At.41 04- On this day personally appeared before me\t■II `ME V10 to me known to be the t2�.GiZ�2., , of New Cingular Wireless PCS, a Delaware limited liability company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official sail thi O d 2017. L 14- 2z L L . -- (typed/printed name of notary) Notary Public in and for the State of My commission expires S - OFFICIAL STAMP KARON L LEAL NOTARY PUBLIC - OREGON COMMISSION NO.950842 MY COMMISSION EXPIRES MAY 11, 2020 SITE LEASE AGREEMENT - 12 - 7/2015 C17Y QF 4kk. Federal Way EXHIBIT A LEGAL DESCRIPTION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www utyc ffod buoy.. corn That portion of Government Lot 1, Section 19, Township 21 North, Range 4 East W.M., records of King County, Washington, said portion being more particularly described as follows: Commencing at the Northwest comer of said Section 19; THENCE along the North line thereof South 89 °00' 18" East 335.78 feet; THENCE South 01°35'16" West 42.00 feet to the Southerly margin of the lands described in deed recorded under Recording No. 8501170665, records of King County, Washington, and the true point of beginning; THENCE along said Southerly margin South 89 °00' 18" East 18.07 feet to the beginning of a curve concave to the Southwest having a radius of 658.00 feet; THENCE Easterly and Southeasterly 700.54 feet along said curve through a central angle of 60 °59'59 "; THENCE South 28 °00' 19" East 422.43 feet to the beginning of a non - tangent curve concave to the Southeast having a radius of 897.03 feet (a radial line through said beginning bears North 28 °00' 19" West); THENCE Southwesterly and Southerly 732.77 feet along said curve through a central angle of 46 °48' 15" to a radial line of said curve which bears North 74 °48'34" West and South line of said Government Lot 1; THENCE along said South line North 88 °59'20" West 376.79 feet to a line parallel with and distant 335.76 feet Easterly, when measured at right angles, from the West line of said Government lot; THENCE along said parallel line North 01 °35' 16" East 1,273.00 feet to the true point of beginning. Situate in the County of King, State of Washington. SITE LEASE AGREEMENT - 13 - 7/2015 CITY OF federal Way EXHIBIT B CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -8325 (253) 835-7000 wwweityoffeder lWwoycorn SITE LOCATION WITHIN THE PREMISES SITE LEASE AGREEMENT (See Attached) - 14 - 7/2015 KING COUNTY DEPT. OF ASSESSMENTS ..<,, 1 111 +: al. J /.4 O+ ..:,tl N fiPM 1274.60 ,9/0.19 EXHIBIT B µcw SITE LOCATION WITHIN THE PREMISES irs CIT of FY ed era Way EXHIBIT C SITE PLAN [Including Location of Equipment Box /Shed] SITE LEASE AGREEMENT (See Attached) CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 w sew!crtyffedotm u4 com - 15 - 7/2015 6 0VEP.C.a. SITE PLAn 1 GVEP,AI.1 SITE ctrY OF Federal Way ATTACHMENT 1 MEMORANDUM OF LEASE Return to: New Cingular Wireless PCS, LLC 575 Morosgo Drive Atlanta, GA 30324 Attn: Network Real Estate Administration MEMORANDUM OF LEASE CITY HALL. 33325 8th Avenue South Federal Way, WA 98003 -6325 (253 )835 -7000 www cJtyoflederatwy.corr? Grantor Name: City of Federal Way, a Washington municipal corporation Grantee Name: New Cingular Wireless PCS, LLC, a Delaware limited Legal Description: Official legal description attached as Exhibit 1 Assessor's Tax Parcel ID # Reference Numbers of Prior Recorded Documents: Does not apply Ta aitin. ddres.: Do no a.>1 T econ ideration aid: Cell Site #: Cell Site Name: County: SITE LEASE AGREEMENT WA6696 NE Tacoma King Fixed Asset #: 10032282 State: Washington - 16 - 7/2015 CITY OF Federal Way Prepared by and After Recording Return to New Cingular Wireless PCS, LLC 575 Morosgo Drive Atlanta, GA 30324 Attn: Network Real Estate Administration MEMORANDUM OF LEASE CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 ww wcityoffederalwaycorn Grantor Name: City of Federal Way, a Washington municipal corporation Grantee Name: New Cingular Wireless PCS, LLC, a Delaware limited Legal Description: Official legal description attached as Exhibit 1 CeII Site # and Name: WA6696 Fixed Asset #: 10032282 NE Tacoma State: Washington County: King This Memorandum of Lease ( "Memorandum of Lease ") is entered into on this day of 2017, by and between the City of Federal Way, a Washington municipal corporation, having a mailing address of 33325 8th Ave. S. Federal Way, WA 98003 -6325 ( "Landlord ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 ( "Tenant "). 1. Landlord and Tenant entered into a Site Lease Agreement (the "Lease ") for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Lease. 2. The initial term of five (5) years ( "Initial Term ") commenced on January 1, 2017, with three (3) successive five (5) year options to renew. 3 . The Landlord leased to Tenant a certain a portion (the "Premises ") of the property located at 33914 19th Ave. SW, Federal Way, Washington ( "Property ") as described in Exhibit 1 attached and incorporated herein. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of SITE LEASE AGREEMENT - 17 - 7/2015 CITY OF ~`�.'►� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www cuyoffederahvayrom a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease. IN WITNESS WHEREOF, the parties have caused this Memorandum of Lease to be effective as of the last date written below. LANDLORD: TENANT: City of Federal Way, a Washington New Cingular Wireless PCS, LLC, municipal corporation a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: By: Print Name: Print Name: Its: Its: Date: Date: SITE LEASE AGREEMENT - 18 - 7/2015 CItY OF .... Federal Way EXHIBIT 1 DESCRIPTION OF THE PREMISES The Premises are described and/or depicted as follows: Property Legal Description: Assessor's parcel number: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835 -7000 v. tw cityoffederalway cofit That portion of Government Lot 1, Section 19, Township 21 North, Range 4 East W.M., records of King County, Washington, said portion being more particularly described as follows: Commencing at the Northwest corner of said Section 19; THENCE along the North line thereof South 89 °00' 18" East 335.78 feet; THENCE South 01°35'16" West 42.00 feet to the Southerly margin of the lands described in deed recorded under Recording No. 8501170665, records of King County, Washington, and the true point of beginning; THENCE along said Southerly margin South 89°00'18" East 18.07 feet to the beginning of a curve concave to the Southwest having a radius of 658.00 feet; THENCE Easterly and Southeasterly 700.54 feet along said curve through a central angle of 60 °59'59 "; THENCE South 28 °00' 19" East 422.43 feet to the beginning of a non- tangent curve concave to the Southeast having a radius of 897.03 feet (a radial line through said beginning bears North 28°00'19" West); THENCE Southwesterly and Southerly 732.77 feet along said curve through a central angle of 46 °48' 15" to a radial line of said curve which bears North 74 °48'34" West and South line of said Government Lot 1; THENCE along said South line North 88 °59'20" West 376.79 feet to a line parallel with and distant 335.76 feet Easterly, when measured at right angles, from the West line of said Government lot; THENCE along said parallel line North 01°35'16" East 1,273.00 feet to the true point of beginning. Situate in the County of King, State of Washington. SITE LEASE AGREEMENT - 19 - 7/2015