HomeMy WebLinkAboutCOM2023-00028 Cell antennas, platform, jumpers and equipment cupboard, pad - COM Application - 2/24/2023 MASON COUNTY COMMUNITY SERVICES Permit No: m 2b,
PERMIT ASSISTANCE CENTER:
.BUILDING.PLANNING.PUBLIC HEALTH.FIRE MARSHAL
615 W.Alder Street,Shelton,WA 98584
Phone Shelton:(360)427-9670 ext.352•Fax:(360)427-7798 Phone
4ja 8elfair.(360)275-4467•Phone Elma:(360)4825269
BUILDING PERMIT APPLICATION
PROPERTY OWNER INFORMATION: CONTRACTOR INFORMATION:
NAME: American Tower Co.Owns Tower and LT Lease on Land NAME: TBD-by Dish Wireless
MAILING ADDRESS: 10 Presidential Ave MAILING ADDRESS:
CITY..Woburn STATE:MA ZIP:01801 CITY: STATE: ZIP:
PHONE#1: 208-93e-88" PHONE: CELL:
PHONE#2: EMAIL:
EMAIL.: bath bindner@powdeMverdev.com L&I REG# EXP.
PRIMARY CONTACT: OWNER❑ CONTRACTOR❑ OTHER
NAME Beth Bindner EMAIL beth.bindner@powderriverdev.com
MAILING ADDRESS 408 S.Eagle Rd.,Ste 200 CITY E3y)p_ STATE ID zIP83616
PHONE 208-93R41Rd4 CELL 208-890-8729
PARCEL INFORMATION:
PARCEL NUMBER(12 Digit Number) 122172200032 ZONING
LEGAL DESCRIPTION(Abbreviated) N 12 NW 1/4 FX ST RAN TR B SURVEY 9/137 FIRE DISTRICT
SITE ADDRESS 19943 East State Route 3 CITY Allyn
DIRECTIONS TO SITE ADDRESS HWY 101 to Shelton exit,take exit for HWY 3 into Shelton,proceed on Oy HWY North thru downtown turn Ron Pie ST
Turns into HWY 3 Proceed NE alon Okland Be rox 20 miles roceed ttxu All n a x 2.5 miles from the Allyn Fire Station there will be a small driveway
on your )us wes y a eyt Alma. o up e i,say on pa pas one se on your ng up o your a o si e,approx om HWY.
IS THE PROJECT WITHIN 300 FT OF SLOPE(S)GREATER THAN 14%: YES[] NO[X SNOW LOAD:_psf
IS PROPERTY WITHIN 200 FT OF THE FOLLOWING: (Check all that apply):
SALTWATER❑ LAKE❑ R1VER/CREEK❑ POND❑ WETLAND❑ SEASONAL RUNOFF❑ STREAM❑
TYPE OF WORK: NEW❑ ADDITION Dt ALTERATION❑ REPAIR❑ OTHER ❑
USE OF STRUCTURE(Residence,Garage,Commercial Bldg,Etr-) Collocation of existing wireless facility
IS USE: PRIMARY❑ SEASONAL❑ NUMBER OF BEDROOMS NA NUMBER OF BATHROOMS NA
HEATED STRUCTURE? YES(R7wle Bldg)❑ YES mart(sl of Bldg)❑ NO x❑
DESCRIBE WORK Add 3 antennas,platform mount,jumpers and equipment and equipment cabinet on 5'xT concrete pad
SQUARE FOOTAGE:(propafed) n a
1ST FLOOR sq.fL 2ND FLOOR sq.ft. 3RD FLOOR sq.ft. BASEMENT sq.ft.
DECK sq.& COVERED DECK sq.ft. STORAGE sq.ft. OTHER sq.fL
GARAGE sq.ft. Attached❑ Detached❑ CARPORT sq.ft. Attached❑ Detached❑
MANUFACTURED HOME INFORMATION: *4 COPIES OF THE FLOOR PLAN REQUIRED*
MAKE n a MODEL YEAR LENGTH
WIDTH BEDROOMS BATHS SERIAL NUMBER
ENVIRONMENTAL HEALTH: na
SEWAGE/SEWER SOURCE: SEPTIC❑ SEWER❑ / NEW❑ EXISTING❑
PLUMBING IN STRUCTURE? YES❑ NO❑ Ifyes,attach completed Water Adequacy Form
PERIMETERNOUNDATION DRAINS PROPOSED? YES❑ NO[] EXISTING SQ.FT.
EXISTING BEDROOMS PROPOSED BEDROOMS TOTAL BEDROOMS
OWNER acknowledges that submission of inaccurate information may result in a stop work order or permit revocation.Acknowledgement of such is by
signature below.I declare that 1 am the owner and I further declare that I am entitled to receive this permit and to do the work as proposed.I have
obtained permission from all the necessary parties,including any easement holder or parties of interest regarding this projecL The owner or legal
representative,represents that the information provided is accurate and grants employees of Mason County access to the above described property
and structure(s)for review and inspection. This permit/application becomes null&void if work or authorized construction is not commenced within 180
days or if construction work is suspended for a period of 180 days.
PROOF OF CONTINUATION OF WORK ON THIS PERMIT IS BY MEANS OF INSPECTION. INACTIVITY OF THIS
PERMIT APPLICATION OF 180 DAYS OF MORE WILL CAUSE THE APPLICATION TO BE EXPIRED.(MASON
COUNTY CODE 4.08.42)
X Please see redacted lease attached. ,' 2/24/23
Signature of OWNER(Must be signed by the OWNER) Date
DEPARTMENTAL REVIEW APPROVED DATE DENIED DATE TAGS/NOTES/CONDITIONS
BUILDING DEPARTMENT
PLANNING DEPARTMENT --
FIRE MARSHAL
PUBLIC HEALTH
MASON COUNTY COMMUNITY SERVICES Permit No: t " ,
PERMIT ASSISTANCE CENTER: r%I--kat
-BUILDING-PLANNING-PUBLIC HEALTH.FIRE MARSHAL
40 615 W.Alder Street,Shelton,WA 98584
Phone Shelton:(360)427-9670 exf.352•Fax:(360)427-7798 Phone MAR 2 0 2023
BeNair.(360)275-4467•Phone Elma:(360)482-5269
BUILDING PERMIT APPLICATION 615 W. Alder Street
PROPERTY OWNER INFORMATION: CONTRACTOR INFORMATION:
NAME: American Tower Co.Owns Tower and LT Lease on Land NAME: TBD-by Dish Wireless
MAILING ADDRESS: 10 Presidential Ave MAILING ADDRESS:
CITY: Woburn STATE:MA 21P:01801 CITY: STATE: ZIP:
PHONE#1: 208-93"8a4 PHONE: CELL:
PHONE#2: EMAIL:
EMAIL: bath.bindnerCpowdemverdev.corn L&I REG# EXP.
PRIMARY CONTACT: OWNER❑ CONTRACTOR❑ OTHER
NAME Beth Bindner EMAIL beth.bindner@powderriverdev.com
MAILING ADDRESS 408 S.Eagle Rd.,Ste 200 CITY Eagle STATE ID zIP83616
PHONE 208-938-8844 CELL 208-890-8729
PARCEL INFORMATION:
PARCEL NUMBER(12 Digit Number) 122172200032 ZONING
LEGAL DESCRIPTION(Abbreviated) N 12 NW 1/4 FCC ST RNVTR B SURVEY 9/137 FIRE DISTRICT
SITE ADDRESS 19943 East State Route 3 CITY Allyn
DIRECTIONS TO SITE ADDRESS HWY 101 to Shelton exit,take exit for HWY 3 into Shelton,proceed on Oly HWY North thru downtown turn R on PifeST
Tuns into HWY 3 Proceed NE along Okland Bay approx 20 miles proceed llxu Allyn approx 2.5 miles from the Allyn Fire Station there will be a small driveway
on your I west Fig y a e one. oche Fu'I�sTay on pas�one useho�ng ,up o your a di�aa to the site,approx 1000' HWY.
IS THE PROJECT WITHIN 300 FT OF SLOPE(S)GREATER THAN 14%: YES[] NO C; SNOW LOAD: psf
IS PROPERTY WITHIN 200 FT OF THE FOLLOWING: (Checkall iharapp6):
SALTWATER❑ LAKE❑ RIVER/CREEK❑ POND❑ WETLAND❑ SEASONAL RUNOFF❑ STREAM❑
TYPE OF WORK: NEW❑ ADDITION R ALTERATION❑ REPAIR❑ OTHER ❑
USE OF STRUCTURE(Residence,Garage,Commercial Bldg,Eu.) Collocation of existing wireless facility
IS USE: PRIMARY❑ SEASONAL❑ NUMBER OF BEDROOMS NA NUMBER OF BATHROOMS NA
HEATED STRUCTURE? YES(WMIeB)dg)❑ YES(Parr(s)ofBldg)❑ NO x❑
DESCRIBE WORK Add 3 antennas,platlorm mount,jumpers and equipment and equipment cabinet on 5'xT concrete pad
SOUARE FOOTAGE:(proposed) na
1ST FLOOR sq.ft. 2ND FLOOR sq.R 3RD FLOOR sq.ft. BASEMENT sq.ft.
DECK sq.R COVERED DECK sq.8. STORAGE sq.ft. OTHER sq.fL
GARAGE sq.R Attached❑ Detached❑ CARPORT sq.ft. Attached❑ Detached❑
MANUFACTURED HOME]INFORMATION: *4 COPIES OF THE FLOOR PLAN REQUIRED*
MAKE na MODEL YEAR LENGTH
WIDTH BEDROOMS BATHS SERIAL NUMBER
ENVIRONMENTAL HEALTH: na
SEWAGE/SEWER SOURCE: SEPTIC❑ SEWER❑ / NEW❑ EXISTING❑
PLUMBING IN STRUCTURE? YES❑ NO❑ Ifyes,attach completed Water Adequacy Form
PERIN[ETERTOUNDATION DRAINS PROPOSED? YES❑ NO[] EXISTING SQ.FT.
EXISTING BEDROOMS PROPOSED BEDROOMS TOTAL BEDROOMS
OWNER acknowledges that submission of inaccurate information may result in a stop work order or permit revocation.Acknowledgement of such is by
signature below.I declare that I am the owner and I further declare that I am entitled to receive this permit and to do the work as proposed.I have
obtained permission from all the necessary parties,including any easement holder or parties of interest regarding this project The owner or legal
representative,represents that the information provided is accurate and grants employees of Mason County access to the above described property
and structure(s)for review and inspection. This permbt/applica6on becomes null&void if work or authorized construction is not commenced within 180
days or d construction work is suspended for a period of 180 days.
PROOF OF CONTINUATION OF WORK ON THIS PERMIT IS BY MEANS OF INSPECTION. INACTIVITY OF THIS
PERMIT APPLICATION OF 180 DAYS OF MORE WILL CAUSE THE APPLICATION TO BE EXPIRED.(MASON
COUNTY CODE 4.08.42) :7
X Please see redacted lease attached. y r.s�c 2/24/23
Signature of OWNER(Must be signed by the OWNER) Date
DEPARTMENTAL REVIEW APPROVED DATE DENIED DATE TAGS/NOTES/CONDPITONS
BUILDING DEPARTMENT
PLANNING DEPARTMENT
FIRE MARSHAL
PUBLIC HEALTH
1 �
f.
MASON COUNTY COMMUNITY SERVICES Permit No:
PERMIT ASSISTANCE CENTER:
BUILDING•PLANNING•PUBLIC HEALTH•FIRE MARSHAL
615 W.Alder Street,Shelton,WA 98584 ;� �r
Phone Shelton:(360)427-9670 ext.352•Fax:(360)427-7798 Phone MAR 2 0 202?
BeBair.(360)275-4467•Phone E/ma:(360)482-5269
BUILDING PERMIT APPLICATION 615 W. Alder Street
PROPERTY OWNER INFORMATION: CONTRACTOR INFORMATION:
NAME: American Tower Co.Owns Tower and LT Lease on Land NAME: TBD-by Dish Wireless
MAILING ADDRESS: 10 Presidential Ave MAILING ADDRESS:
CITY: VVobm STATE:MA M:01801 CITY: STATE: ZIP:
PHONE#1: 208-93843844 PHONE: CELL:
PHONE#2: EMAIL:
EMAIL: bethbindnerCpowdemvereev.com L&I REG# EXP.
PRIMARY CONTACT: OWNER❑ CONTRACTOR❑ OTHER
NAME Beth Bindner EMAIL beth.bindner@powderriverdev.Com
MAILING ADDRESS 408 S.Eagle Rd.,Ste 200 CITY Eagle STATE ID ZIP 83616
PHONE 2OR-9.'AR-8R44 CELL 208-890-8729
PARCEL INFORMATION:
PARCEL NUMBER(12 Digit Numbcr) 122172200032 ZONING
LEGAL DESCRIPTION(Abbreviated) N 12 NW 1/4 Ex ST R/W TR B SURVEY 9/137 FIRE DISTRICT
SITE ADDRESS 19943 East State Route 3 CITY Allyn
DIRECTIONS TO SITE ADDRESS HWY 101 to Shelton exr4 take exit for HWY 3 into Shelton,proceed on Oly HWY North thru downtown turn Ron Pi ST
Turns into HWY 3 Proceed NE al Okland Ba rox 20 miles roceed ttru Allyn a rox 2.5 miles from the Allyn Fire Station there will be a small drivew
on your I west y a eyl Brie. o up ,stay on pa roepast one house on your right,up to your len a din roe o sne,approx HWY.
IS THIS PROJECT WITHIN 300 FT OF SLOPE(S)GREATER THAN 14%: YES[] NO E& SNOW LOAD:_psf
IS PROPERTY WITHIN 200 FT OF THE FOLLOWING: (Check all that app4q:
SALTWATER❑ LAKE❑ RIVERICREEK❑ POND❑ WETLAND❑ SEASONAL RUNOFF❑ STREAM❑
TYPE OF WORK: NEW❑ ADDITION R ALTERATION❑ REPAIR❑ OTHER ❑
USE OF STRUCTURE(Reside vA Garage,Commercial Bldg,F-te.) Collocation of existing wireless facility
IS USE: PRIMARY❑ SEASONAL❑ NUMBER OF BEDROOMS NA NUMBER OF BATHROOMS NA
HEATED STRUCTURE? YES(Whole Bldg)❑ YES(P n[,]ofBldg)❑ NO x❑
DESCRIBE WORK Add 3 antennas.platform mount jumpers and equipment and equipment cabinet on 5'xT concrete pad
SQUARE FOOTAGE:(propaa4 na
1ST FLOOR sq.R 2ND FLOOR sq.fit. 3RD FLOOR sq.f4. BASEMENT sq.R
DECK sq.R COVERED DECK sq.R STORAGE sq.& OTHER sq.R
GARAGE sq.fL Attached❑ Detached❑ CARPORT sq.fL Attached❑ Detached❑
MANUFACTURED HOME INFORMATION: *4 COPIES OF THE FLOOR PLAN REQUIRED*
MAKE na MODEL YEAR LENGTH
WIDTH BEDROOMS BATHS SERIAL NUMBER
ENVIRONMENTAL HEALTH: na
SEWAGE/SEWER SOURCE: SEPTIC❑ SEWER❑ / NEW❑ EXISTING❑
PLUMBING IN STRUCTURE? YES❑ NO❑ Ifyes,attach completed Water Adequacy Form
PERRvIETERNOUNDATION DRAINS PROPOSED? YES❑ NO[] EXISTING SQ.FT.
EXISTING BEDROOMS PROPOSED BEDROOMS TOTAL BEDROOMS
OWNER acknowledges that submission of inaccurate information may result in a stop work order or permit revocation.Acknowledgement of such is by
signature below.I declare that I am the owner and I further declare that I am entitled to receive this permit and to do the work as proposed.I have
obtained permission from all the necessary parties,including any easement holder or parties of interest regarding this project. The owner or legal
representative,represents that the information provided is accurate and grants employees of Mason County access to the above described property
and structure(s)for review and inspection This permit/application becomes null&void if work or authorized construction is not commenced within 18o
days or I construction work is suspended for a period of 180 days.
PROOF OF CONTINUATION OF WORK ON THIS PERMIT IS BY MEANS OF INSPECTION. INACTIVITY OF THIS
PERMIT APPLICATION OF 180 DAYS OF MORE WILL CAUSE THE APPLICATION TO BE EXPIRED.(MASON
COUNTY CODE 4.08.42) ,7
X Please see redacted lease attached. �"' 2/24/23
Signature of OWNER(Must be signed by the OWNER) Date
DEPARTMENTAL REVIEW APPROVED DATE DENIED DATE TAGS/NOTES/CONDITIONS
BUILDING DEPARTMENT
PLANNING DEPARTMENT
FIRE MARSHAL
PUBLIC HEALTH
Powder River Development Services, LLC
408 S Eagle Road, Suite 200
POWDER RIVER Eagle, ID 83616
Development Services.LLC (208) 938-8844 office
(208) 938-8855 fax
www.powderriverdev.com
Mason County
Community Services
615 W Alder Street
Shelton,WA 98584
Agent for Carrier: Beth Bindner, Powder River Development Services, LLC.
Date: February 24, 2023
Site Address: 19943 East State Route 3,Allyn WA 98524
Parcel no: 122172200032
Dear Mason County Permitting Department,
Re: Building Permit Application to modify equipment on an existing communications Tower
located at 19943 East State Route 3,Allyn WA 98524Parcel no: 122172200032.
Site: Dish SITE ID: SESEA003001A
ATC 310513
Attached is an application for modification to the above referenced tower facility. Under Section
6409 of the Spectrum Act(47 U.S.C. § 1455(a),47 C.F.R. § 1.6100),this modification qualifies as
an eligible facility for streamlined review because it meets the following criteria (see the
attached plans and application for details):
• It is an existing wireless facility.
• The proposed modification:
o Does not propose a height increase of more than 10%or 20'of the existing
height.
o Does not propose more than 4 new equipment cabinets.
o Complies with prior conditions of approval.
o Does not defeat the concealment elements of the existing facility.
Attached you will find:
• Project Narrative
• Building Permit Application
• Redacted Lease- LOA
• Stamped Structural Analysis-Stamped Construction Plans
• Construction bid amount being$20,000
Once the application has been reviewed and permitted, please email an invoice to
(beth.bindner@powderriverdev.com )so I can arrange for payment to be made.
If you have any questions or need more information, please let me know.
Respectfully,
8e6v 13 Lv�
Beth Bindner-Site Acquisition Agent- (208)890-8729
Pacific Northwest Markei
Site Name Allyn/Murphy
Site Number WA0168-1
COMMUNICATIONS SITE LEASE AGREEMENT GROUND
(Washington)
This Lease Agreement ("Agreement") is entered into this 4�day of 199--j_,
between Nextel West Corp.,a Delaware corporation, dba Nextel Communications("Lessee"), and the John W.
Murphy Trust("Lessor").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land") located in the County of Mason, State of
Washington, commonly known as Assessor's Parcel #1 22 1 7-22-0003 2. The Land is more particularly described in
Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately twenty-
five hundred (2,500) square feet of the Land and all access and utility easements, if any, (the "Premises") as
described in Exhibit B annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in connection with the provision of
communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for
and obtaining all licenses, permits and any and all other necessay approvals that may be required for Lessee's
intended use of the Premises.
3. Tests and Construction. Lessee shall have the right at any time following the full execution of this
Agreement to enter upon the Land for the purpose of. making appropriate engineering and boundary surveys,
inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in
Paragraph 6(a)below).
4. Option to Lease;Term of Lease. Lessor grants to Lessee an option(the "Option")to lease the Premises,
provided Lessee delivers to Lessor written notice that the lease shall commence the latter of the date of the notice or
a date certain specified in the notice ("Commencement Date"), which date shall be not later than August 1, 1999
(the"Expiration Date"). Upon a failure to deliver such notice on or before the Expiratio ate this A reement sha11
stand terminated. As consideration for the Option, Lessee shall pay the sum of
for each six month period(or fractional part thereof), from the date of this Agreement to the
Commencement Date_ The term of the Lease shall be five (5)years commencing on the Commencement Date and
terminating on the fifth (5") anniversary of the Commencement Date (the "Term") unless otherwise terminated as
provided in Paragmph 10. Lessee shall have the right to extend the Term for five (5) successive five (5) year
periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall
automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to
renew prior to commencement of the succeeding Renewal Tenn.
5. Rent.
(a) Within fifteen(15)days of-the Commencement Date and on the first day of each month thereafter,
Lessee shall pay to Lessor as rent N
per month("Rent"). Rent for any
enewa
fractional month at the beginning or at the end of the Term or erm shall be prorated. Rent shall be
payable to Lessor at 1717 150'"Avenue SE,#24,Bellevue, WA 98007;Attention:John Murphy.
(b) Extension-Term Rent. The base rent for each renewal term shall be increased by-
_over the base rent for the previous rental period.
(c) Lessee shall.pay Lessor a one time fee o as a
signing bonus within fifteen days of the execution of this Agreement.
Page I
May 1997
._ Pacific Northwest Market
Site Namc Allyn/Murphy
Site Number WA0168-1
6. Facilities,Utilities:Access.
(a) Lessee has the right to erect, maintain and operate on the Premises radio communications
facilities, including without limitation an antenna tower or pole and foundation, utility lines,transmission lines, air
conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting
equipment and structures thereto("Lessee Facilities"). In connection therewith, Lessee has the right to do all work
necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission
lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work
shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee
Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not
fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier
termination of the Agreement;provided,Lessee repairs any damage to the Premises caused by such removal. Upon
termination ofthis Agreement, Lessee shall not be required to remove any foundation more than one(1)foot below
grade level.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the
servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities
on the Land or obtain separate utility service from any utility company that will provide service to the Land
(including a standby power generator for Lessee's exclusive use)_ Lessor agrees to sign such documents or
easements as may be required by said utility companies to provide such service to the Premises, including the grant
to Lessee or to the servicing utility company at no cost to the Lesser, of an easement in, over across or through the
Land as required by such servicing utility company to provide utility services as provided herein. Any easement
necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility
company.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the
Premises without notice to Lessor twenty-four(24)hours a day, seven(7)days a week,at no charge. Lessor grants
to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for
pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a
manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall
be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by
Lessee's use of such roadways.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor
and other lessees or licensees of the Land,provided that their installations predate that of the Lessee Facilities. All
operations by Lessee shall be in compliance with all Federal Communications Commission("FCC")requirements.
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or
licensees to install new equipment on the Land or property contiguous thereto owned or controlled by Lessor, if
such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a
material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps necessary to
eliminate such interference, in a reasonable time period.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly
attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the
Land.
9. Waiver of Lessor's Lien.
Page 2
May 1997
` Pacific Northwest Market
Site Name Allyn/Murphy
Site Number WA0168-1
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed
Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without
Lessor's consent.
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Lessee Facilities(the "Collateral") with a third
party financing entity (and may in the future enter into additional financing arrangements with other financing
entities)_ In connection therewith, Lessor(i)consents to the installation of the Collateral; (ii)disclaims any interest-
in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be
removed at any time without recourse to legal proceedings.
10. Termination. This Agreement may be terminated without further liability on thirty(30)days prior written
notice as follows: (i)by either party upon a default of any covenant or term hereof by the other party,which default
is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any
monetary default is ten(10)days from receipt of notice; or(ii)by Lessee for any reason or for no reason, provided
Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the
Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval
necessary for the construction and operation of Lessee Facilities;or(iv)by Lessee if Lessee is unable to occupy and
utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in
frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for
economic or technological reasons, including,without limitation,signal interference.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned
or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage,
destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five
(45) days following the.date of such damage, destruction, condemnation or transfer in lieu of condemnation. If
Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual
reduction or abatement of use of the Premises.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on
the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least=
per occurrence. Such insurance shall insure, on an occurrence basis,
against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the
Premises,all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall
provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30)
days of the Commencement Date.
13. Waiver of Subrogation Lessor and Lessee release each other and their respective principals, employees,
representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities
thereon caused by, or that result from,risks insured against under any insurance policies carried by the parties and
in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to
provide that the insurance company waives all right of recovery by way of subrogation against the other in
connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any
damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12.
14. Assignment and Subletting. Lessee may not assign,or otherwise transfer all or any part of its interest in
this Agreement or in the Premises without the prior written consent of Lessor; provided,_however,that Lessee may
assign its interest to its parent company,any subsidiary or affiliate or to any successor-in-interest or entity acquiring
or more of its stock or assets, subject to any financing entity's interest, if any, in this
Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee,
subject to the assignee assuming all of Lessor's obligations !-;rein, including but not limited to, those set forth in
Paragraph 9 above, and Lessee may sublet or license all or any portion of the Premises to one or more entities for
Page 3
May 1997
Pacific Northwest Market
Site Name Allyn/Murphy
Site Number WA0168-I
communications uses only, without Lessor's consent. Notwithstanding anything to the contrary contained in this
Agreement, Lessee may assign, mortgage,pledge, hypothecate or otherwise transfer without consent its interest in
this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has
obligations for borrowed money or in respect of guaranties thereof, (d) has obligations evidenced by bonds,
debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers
acceptances and similar facilities or in respect of guaranties thereof.
15. Warranty of Title and Quiet Enio vm�ent. Lessor warrants that: (i) Lessor owns the Land in fee simple
and has rights of access thereto and the Land is free and clear of all liens,encumbrances and restrictions; (ii) Lessor
has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon
Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be
observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and
hold harmless Lessee from any and all claims on Lessee's leasehold interest_
16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall
be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon
expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon
execution hereof,reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted.
17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous
Material on, under, about or within the Land in violation of any law or regulation. Lessor represents,warrants and
agrees(1)that neither Lessor nor,to Lessor's knowledge,any third party has used,generated,stored or disposed of,
or permitted the use,generation,storage or disposal of,any Hazardous Material(defined below)on,under,about or
within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third
party to use,generate,store or dispose of any Hazardous Material on,under,about or within the Land in violation of
any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the
other's partners,affiliates,agents and employees against any and all losses,liabilities,claims and/or costs(including
reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement
contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any
petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or
reproductive toxicity,and/or any substance,chemical or waste that is identified as hazardous,toxic or dangerous in
any applicable federal, state or local law or regulation_ This paragraph shall survive the termination of this
Agreement_
18. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and
supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any
amendments to this Agreement must be in writing and executed by both parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as to whom it is held
invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
(c) This Agreement-shall be binding on and inure to the benefit of the successors and permitted
assignees of the respective parties.
(d) Any notice or demand required to be given herein shall be made by certified or registered mail,
return receipt requested,or reliable overnight courier to the address of the respective parties set forth below:
Page 4
May 1997
Pacific Northwest Market
Site Name Allyn/Murphy
Site Number WA0168-1
Lessee: Nextel West Corp. Lessor: John W_Murphy Trust
dba Nextel Con uttuucations_ P.O_ Box 613
I750 1 12"Avenue NE,Suite C 100 Allyn,WA 98524
Bellevue,WA 98004
Attn.: System Development Manager
With a copy to: Nextel West Corp.
dba Nextel Communications
1750 1 12'Avenue NE,Suite C 100
Bellevue,WA 98004
Arm.: Property Management
and a copy to: Nextel West Corp.
1505 Farm Credit Drive
McLean,VA 22102
Attn.: Legal Dept.,Contracts Manager
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other
party. All notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Washington.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C
will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is
encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non-disturbance and
attornment instrument for each such mortgage or deed of trust.
(g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing
documentation required by the title insurance company.
(h) In any case where the approval or consent of one party hereto is required, requested or otherwise
to be given under this Agreement,such party shall not unreasonably delay or withhold its approval or consent.
(i) All Riders and Exhibits annexed hereto form material parts of this Agreement.
(j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an
original.
IN WTI'NESS WHEREOF,the parties have executed this Agreement as of the date first above written.
LESS L
By: By:
Perry S erlee 11(lurp--- Trustee
Title: PNW President Date:
Date: / 2 / 1 G! 7 Tax ID#: 520-20-2173
Pate 5
May 1997
Pacific Northwest Market
Site Name Allyn/Murphy
Site Number WA0168-1
ACKNOWLEDGMENTS
ALL SIGNATURES MUST BE ACKNOWLEDGED
STATE OF Washington )
'/ ss.
COUNTY OF YY1 )
The foregoing 1 ment was ac o 1w,ledged before me this,/2 day of e& 199_ by
pkl�m �[3s S1if/.l - N�of Nextel West Corp.,a Delaware corporation, dba Nextel
Comm nications.
WITNESS my hand and official se O:S '
r oN terry Pubtfc f r Washin n
Residing at
CJ - My commission expires: /
`I �CiF'WAV''l b
STATE OF
ss.
COUNTY OF JT•n-50rL) )
I certify that I know or have satisfactory evidence that-NC/tn5 11). Y,1412Ois the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the 'instrument,and acknowledged it as the -TKuSt'%FE. of-5-0w>J tLl. IYIN►2fH� T7211s��
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: Ve—, eO 3 , 199 /
Notary Public for W�s-h,}-ngton CJ
Residing at: /LC et
My appointment expires�
Pagc 6
May 1997
Pacific Northwest Market
Site Name Allyn/Murphy
Site Number WA0168-1
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated 199 Z ., by and between the John W. Murphy Trust, as
Lessor, and Nextel West Corp.,a Delaware corporation,dba Nextel Communications, as Lessee.
The Land is described and/or depicted as follows(metes and bounds description):
PARCEL 1:
ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY:
THE NORTH 820 FEET OF THE EAST 535 FEET OF THE WEST 1525 FEET
OF THAT PART OF THE NORTHWEST QUARTER, SECTION 17, TOWNSHIP 22
NORTH, RANGE 1 WEST OF THE WIT-T-nxETTE MERIDIAN, LYING WESTERLY
OF THE WESTERLY LINE OF THE STATE ROUTE NO. 3;
EXCEPTING THAT PART, IF ANY, INCLUDED IN 100 FEET WIDE
RIGHT—OF—WAY CONVEYED TO PENINSULA RAILWAY COMPANY BY DEED
DATED NOVEMBER 28, 1890 AND RECORDED IN VOLUME U OF DEEDS,
PAGE 133; AND EXCEPTING ALSO PUBLIC ROADS, IF ANY;
WHICH LIES SOUTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED
TRACT; THENCE SOUTH 0'58113" EAST AI.ONG THE WEST LINE OF SAID
TRACT 310 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE
NORTH 89`26'38" EAST 130 FEET; THENCE SOUTH 31-0812811 EAST
230 FEET; THENCE NORTH 67"25'09" EAST 308.48 FEET, MORE OR
LESS, TO THE EAST LINE OF THE SAID TRACT AND THE TERMINUS OF
SAID LINE.
EXCEPT THAT PORTION DEEDED TO THE STATE OF WASHINGTON RECORDED
MAY 13, 1993 UNDER AUDITOR'S FILE NO. 564736
(ALSO KNOWN AS LOT B OF SURVEY RECORDED UNDER AUDITOR'S FILE
NO. 409449, RECORDS OF MASON COUNTY, WASHINGTON. )
PARCEL 2 :
TOGETHER WITH A 30 FOOT NON—EXCLUSIVE EASEMENT FOR INGRESS,
EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE SOUTH 30 FEET
OF LOT A OF SURVEY RECORDED UNDER AUDITOR'S FILE NO_ 409449,
AND OVER, UNDER AND ACROSS THE EAST 30 FEET OF THE SOUTH 150
FEET OF SAID LOT A.
TAX PARCEL NO: 12217-22-00032
Page 7
May 1997
Pacific Northwest Market
Site Name Allyn/Murphy
Site Number WA0168-1
EIJIIBrT B
DESCRIPTION OF PREMISES
to the Agreement dated 199-7 , by and between the John W_ Murphy Trust, as
Lessor,and Neatel West Corp.,a Delawar corporation,dba Nextel Communications,as Lessee.
The Premises are described and/or depicted as follows:
Exhibit B attached(3 pages).
Notes:
1_This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental
authorities_
3.Width of access road shall be the width required by the applicable governmental authorities, including police and
fire departments.
4_ The type, number and mounting positions and locations of antennas and transmission lines are illustrative only.
Actual types,numbers,mounting positions may vary from what is shown above. Tlgt
Page 8
May 1997
EXHIBIT "B"
HIGHWAY 3 — — — =_- —_ _PROPERTY LINE
EXISTING POWER
POLE \ ti
� � I
{ EXISTING ACCESS �Gyy�9- I
ROAD ,� tic py I z ZONED RURAL RES,
SLOP DOWN1
14I .Q
to
la
f r\ I PROPOSED 50'x5O' LEASE
AREA, SEE SHEET 2
PROPERTY LINE .�
PROPOSED ROUTE OF POWER AND TELCO EXISTING BUILDINGS 20'-0"1
ZONED GIRL SCOUT CAMP
Z a so }ao zoa• ,00� PARCEL 112217-22—DO032
ZONED : RURAL AREA
NOTES: SITE PLAN — 1 OF 3 SITE NUMBER: WA0168-1
1} PLAN of ROE AREA, NEXTEL COMMUNICATIONS
DATE: OCTOBER 16, 97
2) THIS 'EXHIBIT B" MAY BE AMENDED OR ALLYN / MURPHY REV: (1) OCTOBER 28, 97
1
ADDED TO AT ANY TIME, 19941 HIGHWAY 3, ALLYN, WA 98524
PROPOSED I EXHIBIT "8"
ACCESS R i
PROPOSED ROUTE OF 12'-O" 24"
POWER do TELCO
PROPOSED PAD MOUNTEDr PROPOSED 6' FENCE WITH it
TRANSFORMER ^ BARBED WIRE AND 12' GATE
r' o- - it
(r Ln r I r
C ! 11 PROPOSED CABLE BRIDGE WITH
r b ri+ L _. _ r b TEST
TOP BILE ANTENNA MOUNTED
pq
rr b
PROPOSED I I WO' l in
EQUIPMENT SHELTER J �I PROPOSED MONOPOLE WITH 3
OMNI-WHIP ANTENNAS MOUNTED
ON A PLATFORM AT TOP
r
20'-0' 12'-D' 1'-6'111"
PROPOSED (2) CPS SHELTER TYP
ANTENNAS MOUNTED 50'-0' �' �' a' �e 3t N
TO SHELTER LEASE AREA
1) PLAN SHOWN IS A GRAPHIC
ENLARGED SITE PLAN - 2 OF 3 SITE NUMBER; WA0168-1
` 1) PLAN
., REPRESENTATION OF LEASE AREA. NEXTEL COMMUNICATIONS DATE; OCTOBER 16, 97
2) THIS "EXHIBIT
T NY MAY E AMENDED OR ALLYN / MURPHY(O"ONADDED REV: 1} OCTOBER 28, 97
19941 HIGHWAY 3, ALLYN, WA 98524
UHIBIT "E'
Ir Jr
PROPOSED (3) OMNI-WHIP ANTENNAS (UP)
PROPOSED (3) FUTURE OMNI —�
ANTENNAS (DOWN)
PROPOSED 810 MICROWAVE DISH
AT 80% MONOPOLE HEIGHT
PROPOSED MONOPOLE
PROPOSED OV MICROWAVE DISH
AT 60% MONOPOLE HEIGHT o ID EXISTING TREES TO REMAIN, IMP,
PROPOSED EQUIPMENT SHELTER b
N
4.
PROPOSED CABLE 8RdDGE
AND TEST MOB(LE ANTENNA J POSED (2) CPS ANTENNAS
PROPOSED 6' CHAIN-LINK FENCE MOUNTED TO SHELTER
of 10, to a, en Job
z
NOTES: NORTH ELEVATION - 3 OF 3 SITE NUMBER: WA0168-1
i) PLAN SHOO IS A GRAPHIC
REPRESENTATION OF LEASE AREA. NEML COMMUNICATIONS DATE: OCTOBER 16, 91
2) THIS "EXHIBIT B" MAY BE AMENDED OR ALM / MURPHY REV: (1) OCTOBER 28, 91
ADDED TO AT ANY TIME, 19941 HIGHWAY 3, ALLYN, WA 98524
Pacific Northwest Market
Site Name Allyn/Murphy
Site Number WA0168-1
EXHIBIT C
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Nextel West Corp_
dba Nextel Communications
1750 1 12 Avenue NE,Suite C 100
Bellevue,WA 98004
AT-M: System Development Manager
This Memorandum of Agreement is entered into on this day of 199� by and
between the John W_Murphy Trust,with a residence at E 19941 Hwy_ 3,Allyn WA 98524, (hereinafter referred to
as "Lessor") and Nextel West Corp., a Delaware corporation, dba Nextel Communications, with an office at
1750 112°i Avenue NE,Suite C100,Bellevue,WA 98004(hereinafter referred to as"Lessee").
1. Lessor and Lessee entered into a Communications Site Lease Agreement("Agreement") on the
day of 199 , for the purpose of installing, operating and maintaining a radio
communications facility and other improvements_All of the foregoing are set forth in the Agreement.
2. The term of the Agreement is for five (5)years commencing the latter of the date of the notice or a
date certain specified in the notice ("Commencement Date"), which date shall be not later than
August 1, 1999 (the "Expiration Date"), and terminating on the fifth anniversary of the
Commencement Date with five(5)successive five(5)year options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The
portion of the Land being leased to Lessee(the"Premises")is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement as of the day and
year first above written_
LESSEE: LESSOR:
By: X X X By: X X X
Perry Satterlee John W.Murphy,Trustee
Title: PNW President Date: X X X
Date: X X X
Page 9
May 1997