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AG 02-061�TV�rr To: ExT: 2Slo 2 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: `.,Q,�) I C IV l� 2. ORIGINATING STAFF PERSON: �Ol-� �1Cr �M�C;��trl EXT: ZS�02 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTR ACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT O HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sorm xEr.w�D noctrMErrTS� O ORDINANCE ❑ RESOLUTION �(CONTRACTAME1�iDMENT(AG#):�z�Q � ❑ INTERLOCAL �( OTHER 5�1 �! �101S�P �V'�.�,�.✓1't" _ 5. PROJECT NAME: 6. NAME OF CONTRACTOR: ADDRESS: E-MAIL: SIGNATURE NAME: ��is�� 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/AMENDMEN�'S 8. TERM: COMMENCEMENT DATE: q I(� 201 Z COMPLETION DATE: 9 �� /ZO l�7 9. TOTAL COMPENSATION $`CI�I.�a �,u� t� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR G ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ No tF �S MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: '�'-- 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) � LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (g' APPLIC�LE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS � LAW DEPARTMENT � • SIGNATORY (1v1,e,YOx oR Du�C'rox) �Q CITY CLERK � ASSIGNED AG# AG# (�Z . � SIGNED COPY RETURNED DATE SENT: COMMENTS: {� • IC��,�" � ('�(���Y1.fA Q� - I1/9 AG # 02-061 / Saghalie Park Market: WA/OR/ID Cell Site Name: NE Tacoma Cell Site Number/FA#: WA-696 / 10032282 SECOND AMENDMENT TO SITE LEASE AGREEMENT (AG # 02-061) �` This Second Amendment ("Amendment") is dated effective this � day of �� u.1� � 2012, and is entered into b and between the Ci of Federal Way, a Washington mtfnicipal Y t3' corporation ("City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company("Tenant"). , , A. The City and Tenant entered into a Lease Agreement dated effective May 28, 2002 and commencing on September 1, 2002, as amended by First Amendment dated effective September 1, 2007, whereby the City agreed to lease to Tenant a portion of the space on and air-space above the City Property, located in Saghalie Park ("Lease") B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years from the date this Amendment is fully executed. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: Term Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5) year term commencing on September 1, 2012, and expiring August 31, 2017, unless renewed pursuant to the terms of the Lease. 2. Notices. Section 18 of the Lease shall be amended to change the notice address for the City and Tenant as follows: - 1 - AG # 02-061 / Saghalie Park Market: WA/OR/ID Cell Site Name: NE Tacoma Cell Site Number/FA#: WA-696 / 10032282 If to CITY: With a copy to: If to TENANT: With a copy to: (u.s. M�i) (overnight courier) Mayor City of Federal Way 33325 8`" Ave. South Federal Way, WA 98003 City Attorney City of Federal Way 33325 8�' Ave South Federal Way, WA 98003 New Cingular Wireless PCS, LLC Attn: Network Rea1 Estate Administration Re: Cell Site # WA-696 Cell Site Name: NE Tacoma Fixed Asset #: 10032282 12555 Cingular Way, Suite 1300 Alphaxetta, GA 30004 New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site # WA-696 Cell Site Name: NE Tacoma Fixed Asset #: 10032282 PO BOX 97061 Redmond, WA 98073-9761 16331 NE 72 W1y RTC1 Redmond, WA 98052 4. Full Force and Effect. All other terms and conditions of the Lease not modified by this Amendment shall remain in full force and effect. - 2 - AG # OZ-06I / Saghalie Park Market: Vt�A/ORlID Cell Site Name: NE Tacoma Cell Site Number/FA#: WA-696 / 10032282 DATED the effective date set forth above. CITY OF FEDERAL WAY By: �, Skip Priest, Mayor 33325 8`" Ave. South Federal Way, WA 98003 ATTEST: � Carol McNeilly, GNIC City Cler AP OVED AS O FORM: a �'� Patricia �chardson, City A orney - 3 - AG # 02-061 / Saghalie Park Market: WA/OR/ID Cell Site Name: NE Tacoma Cell Site Number/FA#: WA-696 / 10032282 TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: AT&T Mobility Corporation Its: Manager By: Name: r..,.N Q,� ItS: "''°� Manager, C onstruction & Engineering - PNW Date: � —�g" —��— STATE OF ) ) ss. COUNTY OF UJ�� ��+k� On this day personally appeared before me �. p�0'f�V1„ , to me known to be the A{��1(1�,.(L, of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, 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 � stated that 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 seal this �� day of .�-u �2- , 2012. ���` OFFICIAI. SEAL N�TTIe: CHARLATTE CI.ARKE N07ARY PUgLIC - OREGON Notary Public in and for the State of COMNlIS$IQN NO. 460688 M COTT11I11SSlOri eX ires �j� � I MY COMMIS514N EXPIRE�a JULY 11, 2014 y p C� � I�� K:�Agreements�I,ease\Cingular-AT&T12012\Cingular lease Amend- Saghalie lease renewal9-2012.doc - 4 - DATE OUT: TO: \-\ * CITY OF FEDERAL WAY LAW DEPARTMENT DATE [N: REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVlEW/SIGNATURE ROUTING SLIP ORIGINATrNG DEPT./DIV: -Law( C:,V'\ \ ORIGINATING STAFF PERSON: ~).eV\r\l ~L TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT PROJECT NAME: Sit{ L~e.. ~~t - ~~ll-t.11V't: NAME OF CONTRACTOR: C:lVVlIA.I a.V ADDRESS: llD'1.2.1 Ne iZ.~ JW~..., ,~TC.- ~ f2.~""" Qeos2 TELEP~~\I~fll dp.s H."'1 SIGNATURE NAME: ~t.s R.uj4.Te TITLE ~ ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES ~ ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZfNG SIGNATURE TERM: COMMENCEMENT DATE:~ 0' 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 CONTRACT SIGNATURE ROUTING X LAW DEPARTMENT )If CITY MANAGER X CITY CLERK )< SIGN COPY BACK TO ORGINATING DEPT. X ASSIGNED AG# 0'2. "Olla I A o PURCHASING: PLEASE CHARGE TO: Ai / IJ :OMMENTS -Pltns,e e.~eLlLb ~ OV\~i'M\S - V--f,1u.\fV\ \ OV'1~\Vlcd. tt> l a,... ) 1. 2. t. ) . ). . I. o. CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT X LAW 1. 105 EXT: '2.S'C.Z 3. DATE REQ. BY: o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) )( CONTRACT AMENDMENT o CDBG J< OTH~R AG#: 02 -dlof A INITIAL/DATE APPROVED INITIAL/DATE APPROVED INITIAL/DATE APPROVED AG # 02-061/ Saghalie Park Market: W NOR/ID Cell Site Name: NE Tacoma Cell Site Number/FA#: W A-696 / 10032282 FIRST AMENDMENT TO SITE LEASE AGREEMENT (AG # 02-061) This First Amendment ("Amendment") is dated effective this ~day of ~2007, and is entered into 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"). A. The City and Tenant entered into a Lease Agreement dated effective May 28th 2002 and commencing on September 1, 2002, whereby the City agreed to lease to Tenant a portion of the space on and air-space above the City Property, located in Saghalie Park ("Lease"). B. During the term ofthe Lease, Tenant, Pacific Bell Wireless Northwest, LLC, merged into New Cingular Wireless PCS, LLC, a Delaware limited liability company. C. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. D. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. E. The City and the Tenant agree and desire to amend the Lease to renew the term ofthe Lease for an additional five (5) years from the date this Amendment is fully executed. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: 1. Tenant Name The Tenant name shall be changed from Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/b/a! Cingular Wireless, to the name of New Cingular Wireless PCS, LLC, a Delaware limited liability company due to a merger of the two entities as stated in Section B of this Amendment. 2. Term. Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on September 1, 2007, and expiring September 1, 2012, unless renewed pursuant to the terms of the Lease Agreement. - 1 - AG # 02-061/ Saghalie Park Market: W NOR/ID Cell Site Name: NE Tacoma Cell Site Number/FA#: W A-696 /10032282 3. Notices. Section 18 of the agreement shall be amended to change the notices address for the City of Federal Way and New Cingular Wireless PCS, LLC as follows: If to City: With a copy to: If to Tenant: with a copy to: City Attorney P.O. Box 9718 33325 Eighth A venue South Federal Way, W A 98063 City Manger PO Box 9718 33325 Eight A venue South Federal Way, W A 98063 c/o New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: NE Tacoma (PA#: 10032282) 6100 Atlantic Boulevard Norcross, GA 30071 New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site: NE Tacoma (FA#: 10032282) 5601 Legacy Blvd., Bldg A Piano, TX 75024 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: ~~ Neal Beets, City Manager PO Box 9718 Federal Way, WA 98063-9718 - 2 - AG # 02-061/ Saghalie Park Market: W NOR/ID Cell Site Name: NE Tacoma Cell Site Number/F A#: W A-696 / 10032282 APPROVED AS TO FORM: ~~slhity Attorney TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: ~~~ James F gate Network Operations Manager 16221 NE nnd Way, RTC-3 Redmond, W A 98052 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me James Fugate, to me known to be the Network Operations Manager of New Cingular Wireless PCS, LLC, 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 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 seal this ~y of A!:j/4;-<:- , 2007. """""" ~~ ~",\~"OIlA~"'", ~! - ....... ~ ......~~~ ,,-:. ~ ~",~~",v;_~ ~. 'tf '~."CP _'''~- :;[1 NOTARy\G): (typed/printed name of notary ~ ~ """) ~ ....... i G) E Notary Public in and for the Stati of . UJ. -;. ~\ PUBL\C~l ~ My commission expires <6 '1IO~ -:. _~.... 6 .. - ." :- I ., -7~ "-~..."',,l' ~ ...... ...".......~......... """ OF W~,~ ,......", '" ,\ II,,,...." K:\telecom\Cingular lease Amend- Saghalie lease renewal.doc - 3 - ¿OD '2.... -0 I. 2. 4. 5. 6. 7. 8. 9. 10. 11. DATE OUT: \~,' CITY OF FEDERAL WAY LAW DEP REQUEST FOR CONTRACT PREPARATIONfDOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT./DIV: 3. DATE REQ. BY: ORIGINATING STAFF PERSON: EXT: <..\n'-{. TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCEILABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT (LESS THAN $200.000) 0 PURCHASE AGREEMENT) 0 SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) 0 CONTRACTOR SELECTION DOCUMENT PROJECT NAME: (E.G.. RFB. RFP. RFQ) 0 CONTRACT AMENDMENT AG#: 0 CDBG C\ \ . \).. '-' .., OTHER ~~~"~~~...~ ~\~"-\(>~~ -~~~~\\~ \'f"-\.....~ '\- ~ z..t:, TELEPHONE TITLE ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT 0 INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE j 5èp 07 TERM: COMMENCEMENT DATE: \ ~~L.... COMPLETION DATE: ~ ~L"'Í'\-"'" TOTAL COMPENSAT~. "2...:2.. 'CJ ~\---.. ~:CLlfo~i ;XP-ftS~N;¡:i1S TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - AIT 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 CONTRACT REvIEW 0 PROJECT MANAGER 0 DIRECTOR ¡¡('RISK MANAGEMENT 0 LAW INITIAL/DATE APPROVED INITIAL/DATE APPROVED ~ . M¥~ f,zg.oz. KIL CONTRACT SIGNATURE ROUTING 0 LAW DEPARTMENT 0 CITY MANAGER 0 CITY CLERK "SIGN COpy BACK TO ORGINATING DEPT. IIf"ASSIGNEDAG# 0.1- Oc./ 0 PURCHASING: PLEASE CHARGE TO: INITIAL/DATE APPROVED INITIAL/DATE APPROVED ~ f1I'S. ¡\I.S/AA {p-z!l',ø2.. COMMENTS -'f:, LA¡..J- C~d- is ¡;..- 'Í 'j"".>. (¡DO ',f o'I.....! {;,ur"; { 04/04/02 ORIGINAL Æ~# o~-O".1 SITE LEASE AGREEMENT tv /l - (7' { - ".3 THIS LEASE is entered into this ~ day of ~, 2002, by and between the City of Federal Way, Washington, a Municipal Corporation (hereidafter "City") and CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/b/a Cingular Wireless ("Lessee") whose address is 2445 I40th Avenue, N.E., Suite 202, Bellevue, W A 98005 (hereinafter "Tenant"). 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 ftom City, on a non-exclusive basis, a portion of the Premises as legally described in attached Exhibit A, tDgether with necessary space and rights for access and utilities, 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 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. Tenn. This Lease shall be five (5) years and shall commence on September 1, 2002 or upon issuance of a building pennit, whichever is earlier (the "Commencement Date"), and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) yeartenns upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the CUTrent five (5) year tenD. The City may refuse to renew (i) in the event of breach ofthe Lease during the preceding tenD, or (ii) any other reason detennined 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 ofthe then CUITent five (5) year tenD. 3. Rent. a. Within fifteen (15) days of the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent ONE THOUSAND SIX HUNDRED TWENTY- TWO AND 40/100 DOLLARS ($ I ,622.40) ("Rent") per month. Rent for any ftactional month at the beginning or at the end of the Tenn or Renewal Tenn, if any, shall be prorated. Rent shall be payable Page 1 ORIGINAL to the City at 33530 1st Way South, PO Box 9718, FedeTaI Way, Washington 98063-9718; Attention: City Treasurer. 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 ofthe Tate of two percent (2%) peT month or the highest rate pennitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Tenn of this Lease and Renewal Tenns (if any). Each 4% increase shall become effective January I st of each calendar year. c. Within thirty (30) days of the Commencement Date, Tenant shall submit to the City a Security Deposit in an amount of FIVE THOUSAND AND 00/1 00 DOLLARS ($5,000), which shall be refunded at the teffiÚnation 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. 4. Pennitted 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 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, pennits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, opeTation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and pennits 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 pennits 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 pennit approval process of the City that is applicable to the intended use ofthe Premises by Tenant. c. Tenant shall remove the Equipment from the Premises upon tennination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to the reasonable Page 2 satisfaction of the City. All costs and expenses for the removal and restoration to be perfonned by Tenant shall be borne by Tenant. Ifhowever, Tenant requests pennission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfeT 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. 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 ofthe 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 tenninate this Lease, the effective tennination 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 premises or 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 ofthe 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 Page 3 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. 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 perfonned at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable "detennination 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 ftee 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 tenD. 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, pennits, 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 of1996) in effect as of the date ofthis Agreement. In addition, Tenant specifically acknowledges 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 ftanchise or otherwise pennit usage of rights-of-way pursuant to its regulatory authority. Page 4 12. Lease Subject to Future OTdinances. 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 anyway 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 ofFWCC 22-972 as it now exists or is hereafter amended. City shall have the right pursuant to FWCC 22-971 to grant rights for co-location of other telecommunications facilities on the Premises. 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 orlicensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Tennination. a. Except as otherwise provided herein, this Lease may be tenninated, 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 detennined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Immediately, upon written notice by City, in the event of an emergency, as detennined 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 Page 5 (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 26(g) ofthis Lease below, and Tenant elects to tenninate 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 ofthree (3) years ITom the date tennination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant tenninate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any tennination 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 tennination. In addition Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease ( nonnal wear and tear excepted), and shall remove all Equipment. c. No re-entry and taking of possession ofthe Premises by City shall be construed as an election on City's part to tenninate 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 tennination, City may at any time thereafter elect to tenninate 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 Dccurring to any person or property ITom 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 Hannless: Tenant shall, at its sole cost and expense, indemnifY and hold hannless City and its officers, boards, commissions, employees, agents, attorneys, and contractors ITOm 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 ITom the sole negligence of City and its officers, boards, commissions, employees, agents, attorneys and contractors. c. Insurance: During the tenn of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and naming City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: Page 6 i. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurTence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per OCCUITence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as maybe requiTed by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, along with written evidence of payment of Tequired premiums, 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 sixty (60) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, 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 licensed 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 !Tom cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incuITed 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 !Tom month to month and shall otherwise be on the terms, covenants and conditions heTein specified. Page 7 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or wan-anty with respect to the condition of the Premises and City shall not be liable fOT any latent or patent defect in the Premises. 18. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: Ifto City, to: Director ofP ARCS P.O. Box 9718 33530 First Way South Federal Way, WA 98063 With a copy to: City Attorney P.O. Box 9718 33530 First Way South Federal Way, WA 98063 If to Tenant, to: Cingular Wireless, LLC 2445 140th Avenue, NE, Suite 202 Bellevue, Washington 98005 Attn: Property Manager 19. 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 infonnation 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. Ifthe 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. 20. Successors and Assigns. Subject to Section 19, this Lease shall be binding upon and inure to the benefit of the parties, and their respective pennitted successors and assigns. 21. Non- Waiver. Failure of City to insist on strict perfonnance of any of the conditions, covenants, tenus 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. Page 8 22. Taxes. Tenant shall pay all personal property taxes (or payments in lieu oftaxes) 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. 23. Quiet Enjoyment. Title and Authority. City Tepresents to Tenant that: a. City has authority to execute this Lease; b. City has title to the Premises ITee 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 PTemises ITom a right-of-way; d. Execution and performance of this Lease will not violate any laws or agreements binding on City; and 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. 24. 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 ITom 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 ITom the Premises. 25. 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 ITom 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 PTemises. 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. Page 9 b. With the exception of applicable and future laws, ordinances, rules, and Tegulations 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 oftaxation 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 Tesponsible 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 tenn of this Lease is found to be void or invalid, such invalidity shall not affect the remaining tenus of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction detennines void or invalid any tenn of any other Lease, where such tenn is substantially equivalent to a tenn of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) detennine that such judicial detennination shall not affect the tenns of this Lease, which shall continue in full force and effect; (ii) detennine that a tenn of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining tenus of this Lease, which shall continue in full force and effect; or (iii) tenninate 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. The City acknowledges that a Memorandum of Lease in the fonn attached hereto as Exhibit D will be recorded by Tenant in the official records of the County where the Property is located. 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, orregulation 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 ofthis Lease contract shall remain lawful and binding and enforceable on Page 10 the parties, and Tenant waives any rights to claim otheTWise. This Lease was executed as of the date first set forth above. CITY OF FEDERAL WAY, a Washington municipal corporation fJ~ ~~'>-6ð1- David C. Mosley, City Manager ATTEST: ~fflI¿ ~'ð' ~ . 's Green, City Clerk APPROVED AS TO FORM \(~lCt~ \\~Ú ~ttfir Eo c. St¿r , City Atto~ey CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/bla ~ By '2:-~ , Q doe 001 Title: D,'re.dor STATE OF WASHINGTON) , ) ss. COUNTY OF ~ On this ay personally appeared before me to me known to be the of Ð er¡ that executed the foregoing i trument, and acknowledged the said instrument to be e 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 ""'" ood offi". 00. '"" Ed" <by of ~ . 200;;1 ~.~ (typ dlpnnted name of notary) Notary Public in and for the State of6shington. My commission expires 4- J- 7 ~o. K: \Parks \Cingular -SaghaliePark Page II STATE OF ~ -J1~ } ) ss ) County of On this day personally appeared before me Alma N. Newgard. personally appeared E Don Macleod, to me known to be the individual (s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under ~and and official seal this ~day of ~ ' 20a1... ~\\';L 'NE~~"/' S~.....<.;"/ a ~ ..¡;'iss;on€;;,'1l' ~ ~ '.~.ð'" /l. ì7~ !!if /"~OTA~,.'\.': '§ . S ~ Pü'~.ë'. ¡~~ ~~BLIC in and for the State of ...~. B, ,~- .d' ,,(l..d'¿I' . ~.,~~ #.".'¡,;,o~ ,res! mg at "-J~ %ZÓ~Å~~\~~.f My Commission expires: mtùd zz, ¿..ðð.S' ~IIII/ I\I\\\W EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION, That portion of 30vernment 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 'IS'" to a radial line of said curve which bears North 74°48'34" West and the 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. Page 12 KING COUNTY DEPT. OF ASSESSMENTS /"72/-4- ..~ ,:>~ \1." ' /'" ~~W~8-21-' I 'I . ¿. r /"'..."..~ "G' 0' I' -:r:JL- ( V"O" o-,ow- ~'~'~v'r"" .'*"."'!(';:~~'/r':" "-=- '/ 'rfJ ,T~' ,.. '- <. ~(' ",.'ot '" >. I'.' " ""- .:" . ~-- '",' 't>rfo , ,.~ ' ~- ;~~ \, -',> "- .;..~ , . ~\\ ' , ~. T ~. I ~~ ~ I ..~ . 1. ~~~{. \'ö,. '>Ie ~ ;. \ ~ \'. .11'- ~/ . "\: '......;;; \ . .Oc.' '. 11.':.: ""h. "'" "'" ~ ,.1 0 .. ~ p~ ,I), ....,t'r V f.p ..,1 I I .- ,/ 1'//. .' l 0 / I ' ,1";- / ',v' .p ~ ~~ 1~~ ëb ~ 'f~ [Jr' ", £ß- I .:. .~," - '21<.50 / <:t '( "',u.", ""':r '~".' C\J õ, :; ;- W 2 "¡¡'¡"" ~' , o' ¡J'pY' '? 2 _,"'" """ "..Jl' ""21Y. ,v """ (j)~: ¡f"-' , ,) , ~;,.. ',,~; ,J 'f' ,,;Þ ,P " -"" ."~:"" ð¥ " <Vi~-;;V r'¡ ..- ~,< 4 '\.~ EXHIBIT B I',l ::"~ I' ," .:£'i -. u- SITE LOe, noN WITHIN THEPREMIS" . ." ej",...:'c ",... I. ~... --- .,,;¡, ~'.' ~,,~ ¡NO la~ I ./ 1/ Ie I, þ~ I ð 2J ¡ .-~ SEE ATTACHED EXHIBIT C SITE PLAN [Including Location of Equipment Box/Shed] Page 14 "'"'"" PROPRIETARYiÑlù'RMATION F't ' m, ,~,,~'"' ,,~.'w '" m" m '" VV .. ¡a:p~,~:£~"~~gJ&'~m:,;~, ."" """'" "'ffi<R' """"" o~-"'= -"'..,~..~,-~,,~-,~,~~,~, ,~" ,_.- - . H'" ~,- ".., ". '" .,- "" .... " -""~ ::~-:i.;';::;::,:~"::::::::"":'.;J=~~'~O::;:";:;'~:<~::'~".", I "'"..._~"--"'...W"~,~ ~ ci ng u I a rSM WIRELESS NORTHEAST TACOMA 33914 19TH AVENUE SW FEDERAL WAY, WASHINGTON 98063 WA-696-03 GENERAL LOCATION MAP PROJECT INFORMATION )¿j~ I E"..~~,' :~~~." ~.~.. '" I ;~::~~:;" I I~O::"i':':::;""~"~' ; ~"',~,~)";f;-~:~~" (~,":,~;,,-::..~~ I ~:;:;;~='::""" !Ini ;:;;:" O" ,0< :::~:'~, i!lf' ~,:,';:Ii' ~ ~.I,"."<~ ~..':':',~~~'>;:;i"""""""."W""""""""..'ffimw",w,,",~,,.~",",w^,m,",.""",.w,,""nl"'~"lOm ~:~"~:"'":'.,:~,'~.'"~"') ~,.""""",-"-~,.w"""nm'G"',"'m'ru"",m,~,~".,-"",,,,,,,"".m,,"""w~,,""""""""""' "'OW", ,"""."". APPROVAL/SIGN OFF OF CONSTRUCTION DRAWINGS ,~ ""~w" ~," n "'~ru" """"" ,."'" "'IE ~, °' ,_w" ~~, >ow n "",ffi~",' 'oo,,'~"" ~ ""'"","',, ""'~, "ffi"""" :;::~~:, '"II"'" ¡ :~~ti:~~~~: """""O '" '"II"'" """" """'~"' "....,,"'~~"" , ¡ '" "'"'" ! ~"'-O"."", ~ :~'";;'""m," ¡ """"~TI," ....""" ¡ ","co", ! WIRELESS TECHNOLOGIES, INC. j~:r j¡:;bc,:" ~!f\1:i?:':;' .~" """'-"""L "'"'"'-",,,"""" 'I' """lie> co""""~ """" """"~.., m m- ,- o. m. '" ~::',~,:~,~'" ""'-"'" ¡:::,'t!':'-:!'.. ~ 1!~~~';i\' """"-""'" 1!~~'::',\O --'" ¡¡::)~,~\'", ""-"""'" ;;;:'::::;;"":':"""'"00 ~ """'"" "'u..~". "O':::~~"AA>' SHEET INDEX . ""'""'" .-, ...",><ow..""""" 0-' """""""M 0-' '"""'" LEGAL DESCRIPTION -'~'-_."""'~"'-TI ~~_.=.~~-~-~.w_,~ '~-~'-_'AA~"~"=~ wFí;' w""æn~~~,", a 1.....", ro; -w :J ~ !i. n'\ ;: VI 5' C ~- '- .~ U ~. ~ -.--. ~ ~ ",,""'..., "' REVISIONS "'1 ""om" I... '/II"","",, SITE NUM'" WA-696-03 NE TACOMA """"'M'" " [::"í'o,~;¡ "' 1-1 -~ iþ :~ ! ~ ;, '.' '.' l' ". ~ ; ; ; . ~~~ !. '. ~ j- ,g ;¡ ~ ~'" 'g ~ ~ !~ I!!!! -1',1 -r!¡¡¡¡ ?-"¡'O ¡:!!!¡;§ t"!"fi¡ mi~¡:; !¡!!! ',;,¡ / ~;./ ,,{), o,o,"f5' -ø' \,/ // // ;!¡~¡! ""'_9----j';¡~!I~!!U¡i:~¡¡¡~i ;!>\<ir'oimr.!;!;! II IIIIII~ ¡!¡¡i~;~ . ~~qn~!¡¡¡'¡~!!mr in ¡~¡!lJn ~p""u.ol u....g ;!Ii;~¡ !' ;R-.. ~:'¡~"~,~ !~¡H ¡ glll:!¡ IIIIIII ~!,!! ¡;¡ I", ,!~~,!. ,¡!ill;!.' ø !Õ¡!¡¡¡¡¡i"¡'!I'H,e¡ ~: ¡! i li .- :~ n~ i ii¡¡;i¡ì¡¡'! ';U! Iii;! W¡!i¡¡¡ltdi;¡¡h ~r¡ ;~!¡~E ! ¡¡1i"!¡!¡:!',!1 ,Ii " ~ ¡ . ¡ ¡ ¡: Ii! ¡ ! . ~ j ! s~;:: ~Î61S~~= EJ ~ cing~~r- " . ~ ~-,,~. ~ - . g J; ¡:¡ i! . ,- g / m~ ¡;I~ Ii! !! ,'i I 1:1 ¡ I" . -¡~ . . i ! ii, i 'I ' ~II ! "I ~i Î~I iI, 'Ii n ¡ , I~ m ~ "~ ~ ¡¡ii tile ,,-~"'~,- .,.~= ,., ~ þ ;u () I =< ~ .., c: ;U Þ o,~r ~. <I> ;,; =< ~~ ,.., ~~ " t,:ç 8.8.z ¡u ~¡¡~ hi ';1 ----i------- ~ : L-.. - --' - - - -21SI"'VENUE--5W- -- ' , '----- ! -----------------_u_--~-~--~-rF : I: : : : , : I : ¡' : : : , : I : j : I: : ' : i -~-----_uj i ¡ i -~--~------!!..--l i ¡ : -----~--~-- : j ¡ --~-- I ~ : : ffi I I : : : : I 4! - ". -f ! j ~ : : , , , , , , , b .~ ,. . ^' '" ~ a ^' " ! ~ !~ ¥ :; ~ ~ W. .= ~ 8 ~ i' ".' < en < ....L 'r 8 :;¡ "" "" "". no. :::¡".~~~",11' ~.~g,<8.~.¡" ~ ~ . ~ ~ . i ! 1m § 52z~ " "" , ~ I: ¡ ~ ,13 !~ ¡ :!L, ¡ -.(I;"' I~ cingular'. WIRELESS ,." ,,"."' I'" """"'. ., '"'" ..-.",-u.., .."'".., ,..~ --------------- ------ ------------ ----- ----,--//' ,----,---' //////' t'- i!~ o~ --J' !:i r;: ;u H8 , ,(jB/ ~/,/'// ,/"-~' // l " ,/ // :' /~~/ / ," / , ~ -I. / ' /. ,/ . :;",:,"/'/'/,///1// ,/ / / / / §~/ ~P.~ i..~': ,: / / / / / . ~;i~ ,.!k/ / / / / /~i:"/ /i~ / ¡æ¡;' ~i ,: / / / / .~/ /..t- ~~~~ ",," / / ///,!!/i!!I'-l~;r,.../ / / / / ,~ / ,~ /..¡¡;;/~i~ / , , , , cf...J' , , -.", ~. ' '////'///"MI~ /;~;~/~~~///?/ ì n ~ T I!ì~ Iii ':, 8- '" §~ ~ ~~ is ~~ ~ a. (I) -' !~ -" . . ~~ !3 ",,'" H~ !~~: t ~ Q) "~ ~ 8 æ ~ Ñ ": ~ ~ ~ ~ ¡¡$$~ qO " ~" ~ ~ ~ ' 1'1' i i! U ~ n mi , : ¡¡. "1m ¡;:~~'".z',!gg! i~ ¡"TI !~, ~ .. "I )\ cingular~ WIRElESS ,,-.."O~'" Mol'.' ,~~ ::;:~ ~~SI " . ~~~~ ""< ~a~ ~i ~ , ; [in N ~~ "il~~ g ~~ :M~ ~ d~~H~ ~ ~,~. ~~ . : . : i L¡, :. :~ ~ !i' ~o Z. ~;¡ 0' ~ ~ ~~ ~~:i~ - ggp ~~~ H~ .~~; ;~j~ t:~~ !..~ ~~~~ ~¡~~ É!~ ~~~ ~o. . .~~ ;r- ~w: ~ ~ Q) @d8~~ . ", > ~ m ~ (".) .~ f¡~ . ~$-<~ ~n P"o~~;;'I!I¡ . ~ S ~ ~p ~ f ¡¡Ii !i ~ "i . z ~ . "I' , I ~ ¡U ii." "!o~13 ~8g~e:. ~.., .;~~ ~~.~ i~~~ 0 DU~i ~~j~~ " ~~~~. n ~.~ -~ .~~~ ~~ g Ii "'-'.m~"m,",,,,~,~'^m'"~AAAA' ,,'m"""'","""'~"AAAA"'~AA'^, .n~ ~¡~~ ~h . ~ cingular'" WIRELESS """"" ""'" "'uw,... "'" ~~ ~ :!L, ~,. ./ ,,-_...-..,~ ..,."'" -~ ê~~ .. i\~ ~ . N '" " "" " """eo" > ,.w'^' ~"'~ AA'" ,,'-,- ro ~ ""'" " ""~ -,,~ AAAA~ ;! II \ , , , , , , , , ~~¡I~! 00"'. : "' ~ ~; ?~§~:,--::: D,D,Z u; ~~ h ~m~ I!~~! .~~~ ;¡~ 2 II !~ I :!L, ¡..../ ~"pi ~ ~ n:> ¡¡~ ; ¡;; J, ~ ~ "~~q: ~ --"- >~ ¡:;:" ~ cingular~ WIRELESS ""..".""" ",,<We,""'" When Recorded Send To: Cingular Wirelss LLC 2445 1 40th Avenue NE, Suite 202 Bellevue, Washington 98005 EXHIBIT D MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is entered into on this - day of 2002, by and between the CITY OF FEDERAL WAY, a Washington municipal cOlporation, with an office at 33530 1st Way South, PO Box 9718, Federal Way, WA 98063-9718 (hereinafter referred to as "City"), and Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company d/b/a Cingular Wireless, whose address is 2445 14Oth Avenue N.E., Suite 202 Bellevue, WashingtDn 98005 (hereinafterrefeITed to as "Tenant"). 1. City and Tenant entered into a Lease (the "Lease") on 2002, for the purpose of installing, operating and maintaining a communications facility in connection with Tenant's wireless communications service and other improvements. 2. The term of the Lease is for five (5) years commencing on -, 2002, ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date with three (3) successive five (5) year options to renew (subject to the provisions ofthe Lease). 3. The land that is the subject of the Lease is described in Exhibit A attached hereto. The portion of the land being leased to Tenant (the "Premises") is described in Page 15 Exhibit B attached hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as ofthe day and year first above written. CITY: TENANT: CITY OF FEDERAL WAY, a Washington municipal corporation iJ~~ -d~~ David C. Mosley, City Manager ¡J/M- CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/b/a c~ss B~2--\ ~ . ø" !4øc/..eDd. Title: J),'re.c1(Jr- ATTEST: ~(JAlJ¿' ~ Þ . s Green, City Clerk ( APPROVED AS TO FORM: ~J~l1~~( ob C. Ster . , City Attorney STATEOFWASHINGTON) ) ss. COUNTY OF KiÌli ) On this day personally appeared before me lXJnntl HAns-on , to me known to be the A£S1Sfarltcäv ma¥ltt~ of &'jIy of Rderl11 W~ that executed the foregoing instrument, and acknowledged the said instrum to be the free and voluntary act and deed Df 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 sea1 of said corporation. GIVEN my hand and official sea1 this , 200?: typed/printed name of no ary) Notary Public in and for the State of Washington. My commission expires Apni ;71. goDS Page 16 STATE OF iJ~ County of ~ ) ) ss ) On this day personally appeared before me Alma N. Newgard, personally appeared E Don MacLeod, to me known to be the individual (s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN und!<f¡HUN:. ¡hand and official seal this ~day of macf ,200.1. ~\\. (¡Î, ~~ "':.~.~wG' :1-',.,. ,§-~~~\"\O"f;¿/'t\ /7 4 ~ 77 § /<>0",01t ~;'. 'f. ~ //, //~ ~cP~ r;;. '. .;,rt . ryOT~Y pUBLIC in and for!Jle ~~te. of ~~;:~~ ij~:¿'o,':' w....~, residing at /"5~ ~~ ö;,..'!f~:¡,\"",:,::. My Commission expires: yYJ¿¿......e.(z ~ UQS' "'III1t'(t¡~\1\\'~\ EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION, That portion of 30vernment 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 69°00'lB" East 16.07 feet to the beginning of a curve concave to the Southwest having a radius of 656.00 feet; THENCE Easterly and Southeasterly 700.54 feet along said curve through a central angle of 60°59'59"; THENCE South 26°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 26°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°46'34" West and the Smith 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. Page 17 EXHIBIT B THE PREMISSES SEE ATTACHED K:\Parks\CingulaT-Saghalie Park Page 18 ~ ci ng u I a rSM WIRELESS ~"'"" vvFI. ' WIRELESS TECHNOLOGIES, INo. NORTHEAST TACOMA 33914 19TH AVENUE SW FEDERAL WAY, WASHINGTON 98063 WA-696-03 GENERAL LOCATION MAP PROJECT INFORMATION SHEET INOEX )~ll r,,~'%7~,:~¥,'~':,'~" '" I'~""'~' I~ I"'AA'~'~" I ¡¡:",;r.~2~-~\ :':'.::~' . .. ,~" ,~-.... . ~o",,~;;,-;:::~~ I ".,.,.., """" ¡¡:,;þ':;?ffi:~ _"",00 !In! ~~:;~7::~, :;:::" .,.- ~ :~;'_o'"" 1",\";= \W ~I,"",~"", ::';':'~~"~:;;~""""""""W"""""",."."""'."W"""",^'MW>"",""""'",W""""""""" ~ '~m,"~"" ~"'¿'","_""-'H^, w",m'm"""".., w'" ,m "'" """-,, " 'AA"" "',"'" """'^",,.. """oç", """ ~'::;':,~;" ::;;,;,~;."". APPROYAL/SIGN OFF OF CONSTRUCTION DRAWINGS '" "'",'N" ~'" n ",,'w"' I ::::,;::".~", I "" : ::;;,;':::'" ~" "", n "om, "mMM. I , ,~""'" I :~:",",p . "" "'""10" ! """"." 'm~" ! "'""'" ! ¡ ¡~\WJ:~;~~.:' '~'~'m 'oo"""""""'" ""'An", """""'" """"'"'~"" ,'Om""""", ¡~~¡::.J:f.!:',:1Ë~~~~~:t~:f~::: I .~..._,~"~.- ...,,~.._,.. ."'""~,,,..'" """ ¡;;:8'~:;':" í!:~\1£:o~' ,~" """-""""L """""-""""'~ -I' """"" .""""w.",,,, "" .-, """""""'" .-, m"",,", rÅ~iEF1t;.:. ~, ~~,:~.~.. "'"-"'" ~:¡,~t, ~ ~,,\";;;:':',\",' LEGAL OESCRIPTION __ffi m:')~i\" -'~-~~~~"""-",~-,, ~',_'~".M_~__,W_~ --"__'AA~'._,,~- ~ :¡¡:i;:g;m":':"",..~ ~~',~%::c:" wFt;' ~..~~~"'~ ! ~"' m~ -w ::J ~ "8 0) ;: c ~~ 'U ~g ~ ,..", '-'H' ~ ~ REY>SIONS ..1 """""'" I... '1'1"......0 SITE NUM8" WA-696-03 ME TACO"' "". "...,""". :::',;:,;;¡w> t-1 ¡þ !~ ~ ~ "'. '. 1: ., ~ ~ r¥< ~ :. t j- . ~ ;¡ ~ '", ~ ~ ~ I!!!! '¡',I ;¡;¡¡¡!! ~.,."o ß¡!!¡¡~ tl¡!"O ~i ¡;;" !¡!í~ ',:,1 / ì!i i I;I~ ¡" & il! ; ~. ì¡¡ í § li~ ; . ¡II! a" i / ìi ! ~ ,Ix I l" ~¡¡. ,>"Y -, ..;t' ~; y ~, \/ ;!; /" ¡ // ;q;¡ ; ....-- j'; !::¡ ~ !~!!¡¡i ~ !~! r~1 n-oU r.!;î;~ ¡ 111111 ~ ;.!~¡ì~¡~.~~=."J.-!~ng¡P!5¡~iil¡il !d!~¡!I iI~T+",,".ol ..<..-~ ¡n'l! I !i,' z--=-.. ~;.¡r;¡¡ ,~m!H I ~~I¡~li IIIIIII ;i¡!I!.¡1!1-, !!.;, ",-. ¡,~!,i,_..,.I." ~ !:¡,Ii¡m q¡,i.¡¡WI!,-.'1 I ~: :!~¡ ¡1 _l:~ q.~! !Í!!;I¡!ml!m¡ hl;1 !¡¡i!hq¡~ìPii¡l¡ ~,¡¡ ;~s!~" !1'1S¡¡'!!!!¡'!:!!!' i. , ¡ ! j! <, . ¡: Ii! I ! ì § ; ¡ SAGHAUE PARK ~I; ~~~ - I~ m ~ -~ ~ jfE\1:~~~ j ~ ci n g~- ¡¡fl tile ..-.....,.~ ."'"." .., ~ :» ;u () I ::¡ ;:; -< C ;U :» ,".r =.. l/1 ~~::¡ g'" - ~ -U Ü~ 'F W~ !,.~ ¡¡¡ -õ¡ , ~---¡--~---- ----.J : ~ T----- -------'~~-~~---:=:-:l tr-= ¡ ¡ i I: : , : : i : : : , : I : " : : : , : I ! ,~-------_J ¡ i ; /~"~-----~--l ~.i ¡ : // " '": ------,- ~ : ~ I --~/ I * : : ffi I : : : : , ~o .~ , . I" r'l : : : , , ; ; , , -------4~ ------ ; ~ ~ " ~~ z~ ~ ~ Q) i~ ! a: ~ ~ "~;qq > ~ 8 ~ )\ cingular" WIRELESS I~ r ;!L, ! "<II ../ ,..,,~"""'" "mw,.",~, "-~'O<". ."1>.' 'cO' ~ ---- ------- ----------------- -/////- -///////- /////- [;--- ;; g~ -J ~ ç ;0 ~H¡ §§ '" "0 -< ",,'" ~~ç ee z / / / / / / / / / I / I I I I 0.- ; ~. ::¡ ¡;S ~~ z a ~~ VI ~, ~~ f 'F m~ "1 !;1 Q) :I!:! = . §~ ~ ~ T ~ I'.) >, 8~ "",-"""" "U£NC "' ,~, ¡~ ~ ! :!It, ¡ ... .... ~ cingularw WIRELESS "-~"-"'" ~/"I- ,~~ ~~ ~~~~ ~ §. :~§~ g ji~; ¡~ ~ ~"~- ~~ . : ' : , : ' : ' :' :' Lt :. ~. ~I' '. z. ~. :.:u~ ~: '¥:¡!~ ~ ~~ ~~~i .. ¡¡ gg~ ~ ~~~~ 8i I ~~~ N ..!~ ~"i~ I~~~ ~~.~ ~~~~ ~~~~ É~. ~~... j\¡¡; ;¡ .~~ ~~ ~ o..<~ ud~ ~~~~ u~~ I~~i ~ !!j¡~ ~!I~! 'iN~ ~ g "._,."""","",~,~"~,~"~-, ".""'~"O""'oc,.,~",,,,",,"~AAAA' Q) . (.ù ~"g ¡¡¡ ~ ~ "~ ; g J, : "; ! ~ ~ ~ ~ cingularw WIRELESS i~ i~, :../ """"""'1'" ,nuw<.""",, ,,-._0-"" ..,.- ,., ~ "'~ ~~~f .. ¡¡ "ï! '" ::~~ ~~i ~ '" ~~ ~ : t ~ Q3 j: ~ 3 $ i§ ~ "' !,o-. < ---L ~~ bg " '" i!n ~I '" "'" "~,,~,,. ""'^'" ,",,'~AAAA' "'-0- no AAO "~,, " o,,"~ ~"'~ AAAA' ~¡ ~m~ ~!i~! ~gN~ .~ \j II; ~~ h ~ cjngular~ WIRELESS """~""'" "lLEW', .. ,.", I~ I ;!b, í-'./ ~TY tNSUMMG r, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATES DDES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, ACORD," CIATIFJe March 15, 2002 PRODUCER Lockton Insmance Agency of Dallas 717 N, Harwood, Lock Box 27 Dallas, TX 75201 Phone: 214-720-3442 Fax: 214-969-6759 INSURERS AFFORDING COVERAGE COMPANY A Pacific Employers Insurance Company INSURED COMPANY B National Union Fire Insurance Company of Pittsburgh. PA CINGULAR WIRELESS, LLC WFI 5565 GLEN RIDGE CONNECTOR, SUITE 1800 ATLANTA, GA 30342 COMPANY C Lexington Insurance Company COMPANY 0 Commercial Underwriters Insurance Company I :~'d:' ,,7.",--,,5 ',:""'+,', --:: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATEO, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR A ~NERAL LIABILITY .2£ jOMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR - OWNERS' & CONTRACTOR'S PROT - - AGGREGATE PER LOCATION A ~TOMOBILE LIABILITY ~ ANY AUTO '--- ~~~~~UNL~~:~~~: - - HIRED AUTOS ~ NON.OWNED AUTOS '--- TYPE OF INSURANCE POLICY NUMBER HDO G2 029672 0 POLICY EFFECTIVE POLICY EXPIRATION OATE MMIDDIYY) DATE (MMIOOIYYI 12/1/01 12/1/02 ENERAL AGGREGATE PRODUCTS.COMP/OP AGG PERSONAL & ADV, INJURY EACH OCCURRENCE FIRE DAMAGE IA,y O'e Fi'e) MED EXP IA,y O'e Pe"oo) All States ISA HO 600275 7 12/1101 1211102 OMBINEO SINGLE LIMIT DDILYINJURY Pe'Pe"o'l ODiLYINJURY p"Aceide") ROPERTY DAMAGE =fAGE LIABILITY --j ANY AUTO B EXCESS LIABILITY -'¡6'UMBRELLA FORM 4 OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION ANa EMPLOYERS,' LlABILlTY"R HE PROPRIETOR! INCL ARTNERSIEXECUTIVE FFICERSARE EXCL OTHER ALL RISK PROPERTY REPLACEMENT COST UTO ONLY. EA ACCIDENT THER THAN AUTO ONLY EACH ACCIDENT AGGREGATE BE1391250 12/1/02 EACH OCCURRENCE GGREGATE ELF INSURED RETENTION X I T'ó~ntMWs I lo~~, L EACH ACCIDENT L DISEASE. POLICY LIMIT L DISEASE, EA EMPLOYEE 12/1/01 All Othe, States WLR C4 3141491 WI Only SCFC43141454 12/1101 1211102 LIMIT C 0 1280622 CU 1280622 3/15/02 3/15/02 3/15/03 3/15/03 LIMITS $ $ $ $ $ $ $ $ 10.000,000 1.000,000 1,000,000 1,000,000 2,000.000 $ $ $ $ $ $ $ $ $ 5,000,000 5,000,000 $ $ $ $ 1,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONSILDCATIONSNEHICLESISPECIAL ITEMS Cily of Federal Way Saghalie Park play field light pole replacement Localion: 33914 19th Avenue SW, Federal Way, WA 98063 ite Number: WA696-02 Lat: 47-18-00.8: Long: 122-21-22,8 Wireless Facilities, Inc" representing CinguIar WIreless, its parent entity subsidiaries, and affiliates are included as additional insured as thier interest mav annear. qI5R'F~ATE ¡:¡omse:'" CANCELLATION .s"~ City of Federal Way Attn: Karen Kirkpatrick, Assistant City Attorney 33530 1st Way South Federal Wav, WA 98063-9718 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUr FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAB ...."....'UTY OF ANY -11 KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZEOREPRESENTATI~ n n C' c-- n