HomeMy WebLinkAbout2.60 Original Contract
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AT&T Mobility
6100 Atlantic Blvd
Norcross, GA 30071
RECEIVED
NOV 6 2007
-----------.-----~-.--PORT-ANGEtES.[EGi\rDEPARTMENT
Via Certified Mail
Tracking Number 700608100000 19497435
October 31, 2007
City of Port Angeles
Attn: Property Manager
321 E. 5th Street, PO Box 1150
Port Angeles, W A 98362-0217
Subject: Notice ofIntent to Extend Lease Term for Site WA-718-02
Dear Lessor:
Please accept this letter as written notification that d/b/a Cingular Wireless ,is extending
the ternl of this Lease for an additionalS years term from May 19, 2008 through May 18,
2013.
Should you have any questions regarding the above, please contact me on our toll-free
number, 877-231-5447. To expedite processing of your request, please reference the site
name as found on the subject line ofthis letter on all communications.
Sincerely,
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Denitra Evans
Real Estate Reporting Specialist
cc: Cingular Wireless Project Manager
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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
CITY OF PORT ANGELES
CITY CLERK
City of Port Angeles
321 E. 5th Street, PO Box 1150
Port Angeles W A 98362-0217
Re: Cingular Wireless Site: W A-718-02
Lease dated 4/2/2003 (the "Agreement")
Dear Lessor:
Pursuant to the Notice section of our Agreement for the above-referenced site, please be
advised that effective immediately, all notices, demands or correspondence should be
addressed to the Lessee named in the Agreement and mailed to the address below:
c/o Cingular Wireless
Attn: Lease Administration
6100 Atlantic Boulevard
Mail Code GAN02
Norcross, GA 30071
With a copy to:
Cingular Wireless
Attn: Legal/Real Estate
5565 Glenridge Connector, #1700
Atlanta, GA 30342
If you have any questions, please feel free to contact your Lease Specialist at our toll-free
number, 877-231-5447.
Sincerely,
/6L~
Sharon Onorato
Director, Network Operations
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Cingular Wireless 6100 Atlantic Boulevard' GAN02 . Norcross, GA 30071
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WIRELESS
Via Certified Mail
Tracking Number 7002-2410-0005-7556-1895
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June 2, 2003
City of Port Angeles
Attn: Property Manager
321 E. 5th Street, PO Box 1150
Port Angeles, W A 98362-0217
Subject:
Commencement of Lease Agreement for Site WA-718-02
Dear Lessor:
Please accept this letter as notification that Pacific Bell Wirel~ss Northwest, LLC is
commencing the Antenna Lease Agreement for the above-referenced cell site with an
effective date of May 19,2003.
You should receive a check for $10,309.75 within the next ten (10) business days at the
address shown below. This amount represents payment for the period May 19, 2003
through May 18, 2004.
City of Port Angeles
321 E. 5th St. P.O. Box 1150
Port Angeles, W A 98362
It is a priority of Cingular Wireless to maintain excellent tenant/lessor relationships. If
you ever have any questions or concerns regarding our agreement, please contact me at
our toll-free number, 877-231-5447.
cc: Cingular Wireless Project Manager- Seattle
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DATE:
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FROM:
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WAS H I N G TON,
U. S. A.
CITY COUNCIL MEMO
Aprill4,2003
CITY COUNCIL
Dennis C. Dickson, Sf. Assistant City Attorney
Cingular Wireless Lease at Shane Park/Exemption from State Leasehold Tax
It has come to my attention that concern was expressed at the Aprill, 2003 City Council meeting
that the Cingular Wireless cell phone transmission site lease with the City omitted, in error,
provision for collection of the State leasehold excise tax. The provision for collection of the State
leasehold excise tax was intentionally deleted. In May, 2002, I learned that regulated utilities, such
as Cingular Wireless, were able to obtain an exemption from the leasehold tax requirements. I
confirmed through the Department of Revenue that this exemption would apply to Cingular cell
phone transmission sites such as that contemplated at Shane Park. During the initial stages of
negotiation with Cingular Wireless the attorneys for Cingular, in fact, claimed this exemption. I
trust that this clarifies any confusion concerning the issue of exemption ofleasehold tax in this lease.
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Antenna Lease Agreement
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. . TH1~ 1NTENNA ~A~? AGREEMENT, herein referred to as "~ease", is made and entered
, mto thIS ~ day of ~~ Q , 2003 by and between the CIty of Port Angeles, Lessor,
, herein referred to as "City", nd Cingular Wireless LLC., a Delaware limited liability company on
behalf of Pacific Bell Wireless" Northwest LLC., a Delaware limited company d/b/a Cingular Wireless,
herein referred to as "Lessee".
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. PROPERTY. City hereby grants a nonexclusive lease to Lessee for property located at
613 South G Street, Port Angeles, Washington, which shall be limited to the area as shown on
"Attachment A and A~l", which shall hereafteribe called the "Parcel Plan".
2. USE. The use of the Area shall be limited to construction, maintenance, and operation of
an equipment cabinet and tower, together with associated equipment used by Lessee. Said use shall be
in accordance with all conditions set forth in "Attachment B". Said items shall be considered "the
Antenna Facility". Any other use of said Area shall cancel this Lease Agreement. The City grants
, Lessee reasonable,access to the, Area twenty-four (24) hours a day, seven (7) days a: week and access for
utilities necessary to oper,ate Lessee's facility.
3. TERM. The term of this lease ("Term") shall be five (5) years commencing upon the
start of construction. The City and the Lessee agree to enter into two five (5) year renewal terms of this
Lease, provided that Lessee shall notify the City no less than 180 days, or more than 210 days prior to
the expiration of each five year term of its desire to renew the Lease.
4. RENT. Lessee shall pay rent in advance to the City annually in the sum ofTen Thousand
Three Hundred Nine Dollars and 75/100ths ($10,309.75). The rent shall be due and payable annually on
the anniversary of the commencement date, subject to the adjustment as set forth in Section 5. Payment
shall be made payable to the City of Port Angeles and sent or delivered to the Property Manager at the
City of Port Angeles, P.O. Box 1150 or 321 E. 5th Street, Port Angeles, Washington 98362.
5. RENT ADJUSTMENT. On each annual anniversary date, a new annual rent will be
established. Failure on the part of the City to establish a new annual rent by the anniversary date shall
not preclude the City from doing so within 60 days of the anniversary date and from collecting back rent
from Lessee. At the City's option, the new annual rent will be established using one of the following
two methods of adjustment:
a. Rent shall be adjusted annually as ofthe anniversary ofthe Commencement Date by
the greater of: (a) 4%, or (b) the percentage change which occurred in the Consumer Price
Index (All Items, Base 1982-84 = 100) as published by the United States Department of
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Labor, Bureau of Labor Statistics for All Consumers for the Seattle- Tacoma-Bremerton
area (hereinafter "CPI"). The rental adjustment shall be calculated by multiplying the
Rent then in effect by a fraction, the denominator of which is the CPI in effect as of the
calendar month fourteen full months prior to the anniversary date, and the numerator of
which is the CPI in effect two full months prior to the anniversary date.
6. FAILURE TO PAY. Any failure to pay rent or any amount due in Section 4 or 5, or any
other amount to be paid by Lessee under the terms of this agreement, shall be considered a breach of
contract and shall entitle the City to pursue all remedies legally available, including the right to
terminate the lease.
7. LATE CHARGE.
a. In the event the Lessee fails to make any payment of rent or any other payment due
hereunder upon the date due, the City shall be entitled to collect from the Lessee a late
charge equal to six percent (6%) of the delinquent payment, if payment is not received
within ten (10) days of due date.
b. Any payment of rent or other payments received more than ten (10) days after the
date due under the Lease shall be subject to an additional charge of the highest interest
rate per month permitted by RCW 19.52.020. Acceptance of the late rent payments or
any other payments by the City from the Lessee after any breach by the Lessee shall not
constitute a waiver of any such breach or any other breach.
8. TERMINATION.
a. In the event Lessee shall violate any term or condition of this Lease and Lessor has
given notice in writing to Lessee to cease the violation and comply with the terms of this
Lease and Lessee has failed to do so within thirty (30) days of such written notice, Lessor
may terminate this Lease and reenter the Property.
b. Lessor may terminate this Lease without cause upon one year's written notice.
c. Lessee may terminate this Lease without cause upon one hundred eighty (180) days
written notice.
d. Lessee may terminate this Lease upon one hundred twenty (120) days written notice
in the event that Lessee cannot receive and transmit 360 degrees from the Area as defined
in Section 1 for reasons beyond Lessee's control. In this event, Lessee shall be entitled to
a pro rata refund for rent less any damages it may have caused the Property.
e. Except as otherwise provided herein, this Lease may be terminated, without any
penalty or further liability immediately upon written notice, if the Property or the Antenna
Facilities are destroyed or damaged so as in Lessee's reasonable judgment to substantially
and adversely affect the effective use ofthe Antenna Facilities. In such event, all rights and
obligations ofthe parties shall cease as of the date ofthe damage or <;lestruction, and Lessee
shall be entitled to the reimbursement of any rent prepaid by Lessee. If Lessee elects to
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continue this Lease, then all rent shall abate until the Property and/or Antenna Facilities are
restored to the condition existing immediately prior to such damage or destruction.
f. Except as othelWise provided herein, upon termination of this Lease, Lessee will
return the Property to Lessor in good, useab1e condition, normal wear and tear excepted.
Lessor's failure to use remedies provided herein shall not constitute a waiver by Lessor. In
the event of termination of this Lease, Lessee shall remove the Antenna Facilities from the
Property within thirty (30) days of termination.
g. If Lessor shall violate any term or condition of this Lease and Lessee has given
notice in writing to Lessor to cease the violation and comply with the terms ofthis Lease and
Lessor has failed to do so within thirty (30) days of such written notice, Lessee may
terminate this Lease by giving Lessor written notice of termination. This remedy shall be
in addition to any other rights or remedies available to Lessee at law or in equity.
9. INDEMNITY. Lessee shall defend, indemnify, and hold harmless the City, its officers,
agents, employees, and volunteers from any and all claims, costs, lawsuits (including but not limited to
reasonable attorneys fees), damages, actions, or liability whatsoever which may arise from Lessee's use
of said property, or from the conduct of Lessee's business, or from any activity, work or thing done,
permitted, or suffered by Lessee in or about the Property. The foregoing promise shall include, but not
be limited to, claims of radio, television, or microwave interference, antitrust violations and
anticompetitive acts, and liability due to falling objects such as antennas or attachments of equipment
and lines on the licensed premises. Lessee shall not be responsible for the sole negligence or
misconduct of the City's agents, officers, employees, and volunteers.
I
10. INSURANCE. The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the Lessee's operation and use of the leased Premises.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on Insurance
Services (ISO) occurrence form CB 00 01 and shall cover premises and contractual
liability. The City shall be named as an additional insured on Lessee's Commercial
General Liability insurance policy using ISO Additional Insured-Manager or Lessors
of Premises Form CG 20 11 or a substitute endorsement providing equivalent
coverage.
2. Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
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2. Property insurance shall be written covering the full value of Lessee's
property and improvements with no coinsurance provisions.
C. Other Insurance Provisions.
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Commercial General Liability insurance:
1. The Lessee's insurance coverage shall be primary insurance as respect to the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the
City shall be excess to the Lessee's insurance and shall not contribute with it except
for claims and injuries due to the sole negligence or misconduct of the City.
2. The Lessee's insurance shall be endorsed to state that coverage shall not be
canceled, except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
D. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Lessee shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Lessee.
F. Waiver of Subrogation
Lessee and City hereby release and discharge each other from all claims, losses and
liabilities arising from or caused by any hazard covered by property insurance on or in
/connection with the premises or said building. This release shall apply only to the extent
that such claim, loss or liability is covered by insurance.
11. NOTICE. Any notice required to be given under this Lease shall be deemed given
three (3) days subsequent to deposit of such notice(s), properly addressed, in the United States mail,
postage prepaid, sent by registered or certified mail or a nationally recognized courier service, return
receipt requested.
TO LESSOR:
City of Port Angeles
Attn: Property Manager
321 E. 5th Street
P.O. Box 1150
Port Angeles, Washington 98362-0217
TO LESSEE:
Cingular Wireless Administration
6100 Atlantic Boulevard, 1 st
Floor Mail Code: GAN02
Norcross, Georgia 30071
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With a copy to: Counsel - West Region
Cingular Wireless
2521 Micheles Drive 2nd Floor
Tustin, California 92780
Cingular Wireless
Attn: Property Manager
2445 - l40lh Avenue NE, Suite 202
Bellevue, W A 98005
12. RESTRICTIONS ON USE.
a. Lessee shall conform to and comply with all applicable laws and regulations of any
public authority affecting the Property, the Area or the Antenna Facility and shall assume
any costs of such compliance, including any fines or penalties.
b. This Lease does not grant to Lessee any zoning or land use approvals for the uses
mentioned herein. Lessee shall obtain any and all land use and zoning approvals as are
necessary for its operations, including but not limited to, permits for buildings, structures,
towers and antennas.
c. Lessee shall not allow debris or refuse to accumulate on the Property.
d. Lessee shall not place any advertising or other signs on the Antenna Facility without
the express written permission of the City, which permission shall not be unreasonably
withheld, conditioned, or delayed for signs required by any regulatory agency.
e. The color of any poles or towers that are part ofthe Antenna Facility shall be subj ect
to approval by the City.
13. ALTERATIONS & ADDITIONS. Lessee shall not make any alterations, additions, or
improvements in the area except for routine maintenance, without first obtaining the written consent of
the City. All alterations, additions, and improvements shall be at the sole cost and expense of the Lessee
and shall become the property of the City, excluding antenna equipment, cabinets, and related
equipment, and shall remain in and be surrendered with the Property without disturbance, molestation,
or injury at the termination of this Lease. The City will cooperate with Lessee's efforts to obtain ,
utilities, electrical power, and telephone services necessary to operate Lessee's Antenna Facility. If
Lessee shall perform work on the Property with the consent of the City, Lessee agrees to comply with
all laws, ordinances, rules and regulations of the City and any other authorized authority. Lessee shall
be liable to the City for any damage or loss caused by its agents, employees, or representatives to the
Property and to any other property owned by the City.
14. ADDITIONAL RIGHTS TO THE PROPERTY. The City retains the sole right and
responsibility for co-location of other parties' facilities on the Property.
15. OPERATION OF EQUIPMENT. Lessee shall install, operate, and maintain the Antenna
Facility in accordance with all applicable laws and regulations so as not to cause interference with any
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other radio, communication device, computer, or television transmitting or receiving equipment, located
. on the Property with rights of use prior in time to those of Lessee under this Lease.
16. UTILITIES AND IMPROVEMENTS. The City has no responsibility for maintenance or
for security for the improvements placed upon the Area by Lessee. Lessee shall have the right to install
private utilities, at Lessee's expense, and to improve the present utilities on the premises (including, but
not limited to, the installation of emergency power generators). Lessee shall provide for the installation
of separate meters for utilities used on the Area.
17. HAZARDOUS SUBSTANCES. The City represents that is has no knowledge of any
substance, chemical or waste (collectively, "substance") on the Property that is identified as hazardous,
toxic or dangerous in any applicable law or regulation (collectively referred to as "Hazardous
Substances"). Neither Lessee nor the City shall introduce any such substance on the Property in
violation of any applicable law or regulation. The parties will defend, indemnify, and hold the each
other, their agents and employees harmless from and against any and all claims, costs, and liabilities,
including reasonable attorney's fees and costs arising out of or in connection with the cleanup or
restoration of the Property associated with the indemnitor's use of such Hazardous Substances. The
obligation of this section shall survive the expiration or other termination of the Lease.
18. ASSIGNMENT. Lessee may assign this Lease at any time to any of Lessee's partners or
affiliates. Prior to such assignment, Lessee shall give written notice to the City of the names and
addresses of such assignee. Any other assignment requires the City's prior written approval, which
approval shall not be unreasonably withheld.
19. VENUE. In the event of litigation to enforce the terms and conditions of this Lease,
venue shall be in the Superior Court of Clallam County, Washington law shall apply, the prevailing
party shall be awarded costs and reasonable attorney's fees.
20. SUCCESSION. This Lease applies to and binds the heirs, successors, executors,
administrators, and assigns of the parties to this Lease.
Lessee shall not cause or allow any lien to attach to the
21.
Property.
NON-ATTACHMENT.
22. ENTRY. The City, its agents, officers, employees, and volunteers, may enter the
Property at any time for the purpose of conducting inspection for compliance with the Lease or to
conduct other business associated with the operation of Antenna Facilities.
23. COMPATIBLE USE BY CITY. The City reserves the right to use the Property for
purposes and in a manner that are compatible and do not interfere with Lessee's operation.
24. MISCELLANEOUS.
1. The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
2. Attachment A and A-I, the Parcel Plan, and Attachment B, Construction
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Conditions, are incorporated herein and made part of this agreement.
3. This lease and the incorporated attachments constitute the entire agreement and
understanding of the parties, and supersedes all offers, negotiations and other
agreements. There are no representations or understandings of any kind not set forth
herein. Any amendments to this Lease must be in writing and executed by both parties.
4. If any term of this Lease is found to be void or invalid, such invalidity shall not
affect the remaining terms of this lease, which shall continue in full force and effect. The
parties shall agree that if any provisions are deemed not enforceable, they shall be
deemed modified to the extent necessary to make them enforceable.
5. The persons, who have executed this Lease, represent and warrant that they are
duly authorized to execute this lease in their individual or representative capacity as
indicated.
6. This Lease may be executed in two counterpart copies, each of which shall be
deemed an original, but both of which together shall constitute a single instrument.
DATED as ofthe date set forth on the first page.
LESSOR
CITY OF PORT ANGELES
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BY: .'" -
.".-- Glenn Wiggins
Its: Mayor
LESSEE
CINGULAR WIRELESS, LLC
a Delaware limited liability co.,
on behalf of Pacific B~ll Wireless
Northwest LLC, a Delaware limited
liability company, d/b/a! CINGULAR
WIRELESS
BY~
E. acLeod
Its: Seattle Network Director
LESSOR - REPRESENTATIVE CAPACITY:
STATE OF WASHINGTON )
) SS.
COUNTY OF CLALLAM )
I certify that I know or have satisfactory evidence that Mayor Glenn Wiggins is the
person who appeared before me, and said person acknowledged that ,said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and
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acknowledged it as the Mayor of the City of Port Angeles, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
DATED: .y ?A -t?3
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(Signature of Notary) .
::De II CL. ~ - ~d~ t:rd. s
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State ofW A
My appointment expiresc7< d 'l-tJ if
CINGULAR'S ACKNOWLEDGMENT:
ST ATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that E. Don MacLeod is the person
who appeared before me, and said person acknowledged that said person signed this instrument,
on oath stated that said person was authorized to execute the instrument and acknowledged it as
the Director of Cingular Wireless, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
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(Signature of Notary)
DATED: ..3 ()
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(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Washington
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ATTACHMENT A
DESCRIPTION OF PREMISES
The Premises consist of those areas described/shown below and where Lessee's communications antennae, equipment. cables
and utilities occupy Lessor's Property. The Premises and the associated utility connections and access, including easements,
ingress, egress, dimensions, and locations as described/shown below, are approximate only and may be adjusted or changed by
Lessee at the time of construction to reasonably accommodate sound engineering criteria and the physical features of Lessor's
Property.
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PARCEL A:
LOTS 1 THROUGH 20, Br,oeR 153, TOWNSITE OF PORT ANGELES, AS PER I
PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 27, RECORDS OF
CLALLAM COUNTY, WASHINGTON.
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REVISIONS
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SITE NUMBER
WA-718-05
W. PORT ANGELES
1303 W. 8TH STREET
PORT ANGELES
WASHINGTON 98363
LPN 102013
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Attachment B
Cingular Wireless Lease-Shane Park
1. The dates and times for construction activities will be subject to the approval of
the Department of Parks and Recreation. Construction shall not interfere with
activities scheduled by the Department of Parks and Recreation. Following
construction the lessee shall return the site to its original condition unless
otherwise specified within the lease.
2. Overhead wiring for field lighting on the North side of the park be placed
underground in conduit and reconnected at the lessees expense or pay the City
Department of Public works Light Operations Division to perform the work.
3. Plants used for screening the equipment enclosure shall be Rhododendron or
Viburnum Tinus.
4. Prior to construction the lessee shall locate all underground utilities, and
irrigation.
5. The lessee will spot and measure current lighting conditions on the ground prior
to removal of existing field lights. Lighting reinstalled on the new pole shall be
adjusted to meet the lighting conditions found prior to the removal from the
former light pole. If current light fixtures are found to interfere with operation of
the cell tower, the lessee will replace the light fixtures and lamps with light
fixtures and lamps acceptable to the City and at no cost to the City.
6. The equipment enclosure shall be moved southwest into the tree line at a location
identified by the City.
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Site: West Port Angeles
Site LD.: WA718
MTA: Seattle
ENTRY AND TESTING AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of the day of
, 2002, by and between City of Port Angeles ("Owner") and Cingular Wireless LLC
("Cingular Wjreless"), concerning the following described property owned by Owner ("Property"): Shane Park -
8m St and So. F St - Port Angeles. W A 98362 (the physical property address street, town, state goes in this
space).
A. Cingular Wireless has an interest in leasing the Property for use as a tower or antenna site for the
receipt and transmission of wireless communications signals; and
B. In order for Cingular Wireless to determine the viability and feasibility of the Pmperty as a tower
or antenna site, it is necessary for employees, agents or independent contractors of Cingular Wireless to enter upon
and inspect the Property and/or temporarily locate communications equipment and facilities on the Property to
conduct short term radio propagation tests, and to make application with local, state and federal governmental
entities for approval of the Property as a tower or antenna site; and
C. Owner and Cingular Wireless desire to provide for the entry upon, inspection and/or testing
activities, and applications concerning the Property pursuant to the terms contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other
consideration set forth in this Agreement, Owner and Cingular Wireless agree as follows:
1. Consent. Owner consents and agrees that Cingular Wireless, its employees, agents and
independent contractors ("Authorized Parties") may enter upon that portion of Shane Park consisting of the paved
"parking lot adjacent to 8111 Street within the City of Port Angeles, Washington to conduct radio propagation studies.
.Cingular Wireless agrees to be responsible for any and all costs related to the Permitted Activities, including
installation on and operation and removal of equipment on the Property.
2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on
Owner's behalf to such local, state and federal governmental entities whose approval Cingular Wireless may
bonsider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited
~, governmental approvals for zoning variances, rezoning applications, building permits and wetland permits.
Owner hereby agrees that an executed copy of this Agreement is as effective as the original. However, if requested
by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the
governmental entity in question to evidence Owner's consent to the action which is proposed to be taken.
3. Access. Owner agrees that the Authorized Parties may enter upon the paved parking lot located
. within Shane Park, City of Port Angeles, Washington to conduct radio propagation studies and may have access to
) the Property for up to 30 days.
4. Removal of Property. Cingular Wireless agrees that it will, upon the conclusion of the term of
this Agreement, remove any equipment installed on the Property as a part of the Permitted Activities, repair any
damage to the Property that might have been caused in connection with any of the Permitted Activities, and will
, return the Property to the condition it was in before Cingular Wireless' entry onto the Property. In the event any
equipment installed on the Property by Cingular Wireless is not timely removed, Owner will have the right to
remove such equipment and Cingular Wireless agrees to be responsible for the reasonable costs of such removal.
5. Indemnity. Cingular Wireless agrees to indemnify, save harmless, and defend Owner, its
directors, officers, employees, and property management agent, if any, from and against any and all claims, actions,
damages, liability and expense in connection with personal injury and/or damage to property arising from or out of
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any occurrence in, upon or at the Property caused by the act or omission of the Authorized Parties in conducting the
Permitted Activities. Any defense conducted by Cingular Wireless of any such claims, actions, damages, liability
and expense will be conducted by attorneys chosen by Cingular Wireless, and Cingular Wireless will be liable for
the payment of any and all court costs, expenses of litigation, reasonable attorneys' fees and any judgment that may
be entered therein.
6. Insurance. At Owner's request, Cingular Wireless agrees to provide a certificate of insurance
evidencing Cingular Wireless' insurance coverage.
7. Governing Law. The parties agree that the interpretation and construction of this Agreement
shall be governed by the laws of the state of Washington without regard to such state's conflict oflaws provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
By:
Name: e ()
Title:
Date:
F:\AGREEMENTS&CONTRACTS\CinguJarW ireless,Agmt.doc
1/24/02
OWNER
By ~:_~
Name:' .
Title: Ci7Y ~.-t~r~r
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Date: . ~k~..2...- ,
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