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Application APPLICANT 8/7/2020
City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 6 Low Visibility, Stealth and Small Wireless Telecommunication Facilities - Minimum Development Standards - Type 1 Required Project Information (Applicant., complete this section) Applicant Name: Kristy Weaver Phone: 425-214-2186 Company: New Lingular Wireless PCS, LLC E-mail ko3199@attcom Address: 16331 SE 72nd Way, Redmond, WA 98052 Applicant's Rep.: Meredith Hewett Phone: 503-312-3400 Company: J5 Infrastructure Partners E-mail: mhewett@j5ip.com Address: 6732 SW Terri Cl, Portland, OR, 97225 Property Owner: City of Springfield Phone: 541-726-3700 Company: IE -mail: Address: 225 Fifth St, Springfield, OR 97477 ASSESSOR'S MAP NO: 1703362 TAX LOT NOLs : t23 100 y Property Address: to , p YG�i(YI I — I ��W I f r� Z(. I I IQM "tjV S/ Nearest Intersection : 16th St ROW ® Private Property ❑ Description of if you are filling in this forth by hand, please attach your proposal description to this application. Proposal: Propose collocation of SWF on existing Centu Link pole in Cit ROW Existing Use: Joint use telecom `ole Si natures: Please si n and riot our name and date in thea ro riate box on the next a e. Required Property Information (City Intake Staff., complete this section) AssociatedPermits Case No.: j3I I �V `pd, Iry S— f I Date: `8 2-0 Reviewed by: Application Fee: $ 0 U ' i1 Technical Fee: $ `I v. J V Posta a Fee: 0 TOTAL FEES: $ 930-30 PROJECT NUMBER: Revised 5/21/13 KL 1 of 14 Signatures The undersigned acknowledges that the information in this application is correct and accurate. Applicant: �N(A( / lyGi �M Y/cu> Date: 07/24/202( Tignature Owner: Meredith T. M. Hewett If the applicant is not the owner, the owner hereby grants permission for the applicant to ad in his/her behalf. Date: Signature I certify that I prepared the attached plot plan and that it contains the information specified in the submittal requirements checklist. I certify that the plot plan is accurate based upon field locates and the best available information. I understand that City staff will rely upon the plat plan in making any decisions regarding the Minimum Development Standards application. I accept full responsibility and liability in the event that there are any omissions, mistakes, or inaccuracies in the plot plan. Plot Plan Preparation: Date: Plot Plan Preparer Signature Meredith T. M. Hewett Print Please See Attachment A to this application for general standards applicable to all Type I Wireless Telecommunications Facilities Review, and Attachment B for standards specifically related to small wireless facilities located within the public right of way. Revised 5/21/13 KL 2 of 14 Low Visibility, Stealth and Small Wireless Telecommunication Facilities on Private Property and Public Rights of Way Application and Review Process 1. Applicant Submits a Complete Application to the Development & Public Works Department The application must conform to the Submittal Requirements Checklist on pages 5- 7 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required items listed have been submitted. Applications missing required items will not be accepted for submittal. 2. City Staff Conduct Detailed Completeness Check Planning Division staff conducts a detailed completeness check within 7 days of submittal. The assigned Planner notifies the applicant in writing regarding the completeness of the application. An application is not be deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. Incomplete applications, as well as insufficient or unclear data, will delay the application acceptance and initiation of review timelines. 3. City Staff Review the Application and Issue a Decision This is a Type I decision and thus is made without public notice and without a public hearing since there are clear and objective approval criteria and/or development standards that do not require the use of discretion. Decisions address all the applicable approval criteria and/or development standards. Applications may be approved or approved with conditions. The City mails the applicant and owner a copy of the decision, which is effective on the day it is mailed. The decision issued is the final decision of the City and may not be appealed. SDC 4.3-145 H. Review Process. The review process is determined by the type of WTS facility or activity that is proposed. High or moderate visibility WTS facilities, defined in Subsection E., require Type III Planning Commission or Hearings Official review. Low visibility or stealth facilities, and the co -location of new equipment of existing facilities are allowed under a Type I staff review with applicable building or electrical permits. Routine equipment repair and maintenance do not require planning review; however, applicable building and electrical permits are required. 1. Development Issues Meeting. A Development Issues Meeting (DIM) as specified in Subsection 5.1-120A. is required only for high and moderate visibility WTS facility applications. Applicable development standards as specified in Subsection F. and submittal requirements as specified in Subsection G., will be discussed at the DIM. Revised 5/21/13 KL 3 of 14 2. Type I Review Process. The following WTS facilities are allowed with the approval of the Director with applicable building and electrical permits: a. Stealth and low visibility WTS facilities, as defined in Subsection E., in any zoning district. b. Fagade-mounted antennas or low powered networked telecommunications facilities, e.g., as those employing microcell antennas integrated into the architecture of an existing building in a manner that no change to the architecture is apparent and no part of the WTS facility is visible to public view. C. Antennas or arrays that are hidden from public view through the use of architectural treatments, e.g., within a cupola, steeple, or parapet which is consistent with the applicable building height limitation. d. New antennas or arrays including side -mounted antennas and small top - mounted antennas that are attached to an existing broadcast communication facility located in any zone. No more than 3 small top -mounted antennas shall be placed on the top of any one facility without a Type III review. e. To minimize adverse visual impacts associated with the proliferation and clustering of towers, co -location of antennas or arrays on existing towers shall take precedence over the construction of new towers, provided the co -location is accomplished in a manner consistent with the following: i. An existing tower may be modified or rebuilt to a taller height to accommodate the co -location of additional antennas or arrays, as long as the modified or rebuilt tower will not exceed the height limit of the applicable zoning district. Proposals to increase the height of a tower in a residential zoning district, or within 500 feet of a residential zoning district shall be reviewed under a Type III process. The height change may only occur one time per tower. ii. An existing tower that is modified or reconstructed to accommodate the co -location of additional antennas or arrays shall be of the same tower type and reconstructed in the exact same location as the existing tower. f. Small wireless facilities proposed within the public right-of-way on an existing, modified, new, or replacement small wireless facility structure in any zoning district in City limits, that meet the standards in section 4.3-145.F.28. g. Co -location of antennas or arrays on existing WTS facilities. h. The Director will use the applicable criteria specified in Subsection I. to evaluate the proposal. Revised 5/21/13 KL 4 of 14 Low Visibility, Stealth and Small Wireless Facilities Submittal Checklist For more information regarding wireless telecommunications facilities, definitions or the use of this application form please refer to Section 4.3-145 of the Springfield Development Code or call the Planner on Duty at 541-726-3753. General Application Packet Elements ❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available on line and at the Development & Public Works Department. Any applicable application, technology, and postage fees are collected at the time of submittal. ❑ complete Low Visibility, Stealth and Small Wireless Facilities Application Form ❑ Copy of the Deed, City Right of Way Use/Pole Attachment Agreement and/or Express Written Consent from Owner of Facilities or Property ❑ .State or County Approvals Required - The applicant must demonstrate that any application has been approved for any required state or county permit and provide a copy of the application upon request. ❑ Narrative addressing submittal requirements and development standards of SDC 4.3-145. See Attachment A to this application. ❑ Four (4) Complete Packets with the documents, plans and information as detailed below. Application Submittal Requirements. SDC 4.3-145 G. Application Submittal Requirements. All applications for a WTS facility shall provide the following reports, documents or documentation: 1. Submittal Requirements for Low Visibility and Stealth Facilities (Type I review). All applications for low visibility and stealth ATS facilities shall submit the following reports and documentation: a. Narrative. The application shall include a written narrative that describes in detail all of the equipment and components proposed to be part of the WTS facility, including, but not limited to, towers, antennas and arrays, equipment cabinets, back-up generators, air conditioning units, lighting, landscaping and fencing. b. Geographic Service Area. Except for small wireless facilities, the applicant shall identify the geographic service area for the proposed WTS facility, including a map showing all of the applicant's and any other existing sites in the local service network associated with the gap the facility is meant to close. The applicant shall describe how this service area fits into and is necessary for the service provider's service network. Revised 5/21/13 KL 5 of 14 The service area map for the proposed WTS facility shall include the following: The area of significant gap in the existing coverage area; ii. The service area to be effected by the proposed WTS facility; iii. The locations of existing WTS tower facilities where co -location is possible within a 5 -mile radius of the proposed WrS facility. C. Co -Location. An engineer's analysis/report of the recommended site location area is required for a proposed W -S tower. For small wireless facilities in the public right-of-way, this report is required only when a new structure is proposed. If an existing structure approved for co -location is within the area recommended by the engineer's report, reasons for not collocating shall be provided demonstrating at least one of the following deficiencies, except for small wireless facilities which must meet the requirements in subsection 4.3-145.F.28.k of this Code, upon report of an engineer or other qualified individual: L The structure is not of sufficient height to meet engineering requirements; H. The structure is not of sufficient structural strength to accommodate the WTS facility, or there is a lack of space on all suitable existing towers to locate proposed antennas; iii. Electromagnetic interference for one or both WTS facilities will result from co -location; or iv. The radio frequency coverage objective cannot be adequately met. d. Plot Plan. A plot plan showing: the lease area, setbacks from adjacent public and private properties lines, antenna structure and equipment shelter with height above grade, connection point with the land line system, landscaping, screening and means of access. e. RF Emissions. An engineer's statement that the RF emissions at grade, or at nearest habitable space when attached to an existing structure, complies with FCC rules for these emissions; the cumulative RF emissions if co -located. Provide the RF range in megahertz and the wattage output of the equipment. f. Description of Service. A description of the type of service offered including, but not limited to: voice, data, video and the consumer receiving equipment. g. Provider Information. Identification of the provider and backhaul provider, if different. Revised 5/21/13 KL 6 of 14 h. Zoning and Comprehensive Plan Designation. Provide the zoning and applicable comprehensive plan (e.g., Metro Plan, 2030 Springfield Refinement Plan) designation of the proposed site and the surrounding properties within 500 feet. L FCC, FAA or Other Required Licenses and Determinations. Provide a copy of all pertinent submittals to the FCC, FAA or other State or Federal agencies including environmental assessments and impact statements, and data, assumptions, calculations, and measurements relating to RF emissions safety standards. j. Small Wireless Facilities in the Public Right -of -Way. Applications for small wireless facilities in City limits in the public right-of-way must also include: i. A structural report stamped by an Oregon licensed engineer that the small wireless facility structure can structurally accommodate the proposed small wireless facility; For attachment to existing structures, the engineer who authors and stamps the report must have conducted an in-person inspection of the pole and any issues with the condition of the pole must be noted in the report; ii. A photo simulation showing the maximum silhouette, color and finish of the proposed facility; iii. For poles that are not owned by the City of Springfield, written authorization by the pole owner regarding the specific plan to attach to the pole; and iv. All necessary permits and applications required under the Springfield Municipal Code, which may be processed concurrently. Revised 5/21/13 KL 7 of 14 ATTACHMENT A General Information - Low Visibility, Stealth and Small Wireless Telecommunication Facilities (MDS Type 1) Standards for Review SDC 4.3-145 F. General Standards. The Federal Telecommunications Act of 1996 establishes limitations on the siting standards that local governments can place on WTS facilities. Section 704 of the Act states that local siting standards shall not: 1) "unreasonably discriminate among providers of functionally equivalent services" 2) "prohibit or have the effect of prohibiting the provision of personal wireless services." All applications for WTS facilities are subject to the standards in this Section to the extent that they do not violate Federal limitations on local siting standards. Where application of the standards found in this Section constitutes a violation, the least intrusive alternative for providing coverage shall be allowed as an exception to the standards. 1. Design for Co -Location. All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable. 2. Demonstrated Need for New WiS Facilities. Except for small wireless facilities, applications shall demonstrate that the proposed WTS facility is necessary to close a significant gap in service coverage or capacity for the carrier and is the least intrusive means to close the significant gap. 3. Lack of Coverage and Lack of Capacity. Except for small wireless facilities, the application shall demonstrate that the gap in service cannot be closed by upgrading other existing facilities. In doing so, evidence shall clearly support a conclusion that the gap results from a lack of coverage and not a lack of capacity to achieve adequate service. If the proposed WTS facility is to improve capacity, evidence shall further justify why other methods for improving service capacity are not reasonable, available or effective. 4. Identify the Least Intrusive Alternative for Providing Coverage. Except for small wireless facilities, the application shall demonstrate a good faith effort to identify and evaluate less intrusive alternatives, including, but not limited to, less sensitive sites, alternative design systems, alternative tower designs, the use of repeaters, or multiple facilities. Subsection F.S. defines the type of WTS facilities that are allowed in each zoning district. S. Location of WTS Facilities by Type. Subsection E. defines various types of WTS facilities by their visual impact. These are: high visibility, moderate visibility, low visibility and stealth facilities. Table 4.3-1 lists the type of WTS facilities allowed in each of Springfield's zoning districts. Revised 5/21/13 KL 8 of 14 Table 4.3-1 Zoning Districts Types Allowed Special Heavy Industrial High visibility Heavy Industrial Moderate visibility Light -Medium Industrial Low visibility Quarry Mining Operations Stealth Community Commercial Moderate visibility Campus Industrial Low visibility Booth Kelly Mixed Use Stealth Major Retail Commercial Mixed Use Employment Mixed Use Commercial Medical Service Public Land and Open Space 1 Neighborhood Commercial General Office Low Density Residential Lealvth Medium Density Residential High Density Residential Mixed Use Residential (1) Moderate visibility WTS facilities in the Public Land and Open Space District are allowed only within the city limits. 6. Maximum Number of High Visibility WTS Facilities. No more than 1 high visibility facility is allowed on any 1 lot/parcel. EXCEPTION: The Approval Authority may approve exceeding the maximum number of high visibility facilities per lot/parcel if one of the following findings is made: a. Co -location of additional high visibility facilities is consistent with neighborhood character; b. The provider has shown that denial of an application for additional high visibility WTS facilities would have the effect of prohibiting service because the proposed facility would fill a significant gap in coverage and no alternative locations are available and technologically feasible; or C. The provider has shown that denial of an application for additional high visibility WTS facilities would unreasonably discriminate among providers of functionally equivalent services. 7. Separation between Towers. No new WTS tower may be installed closer than 2,000 feet from any existing or proposed tower unless supporting findings can be made under Subsections F.2., 3. and 4. by the Approval Authority. Revised 5/21/13 KL 9 of 14 8. WTS Towers Adjacent to Residentially Zoned Property. In order to ensure public safety, all towers located on or adjacent to any residential zoning district shall be set back from all residential property lines by a distance at least equal to the height of the facility, including any antennas or other appurtenances. The setback shall be measured from that part of the WTS tower that is closest to the neighboring residentially zoned property. 9. Historic Buildings and Structures. Except for small wireless facilities, no WTS facility shall be allowed on any building or structure, or in any district, that is listed on any Federal, State or local historic register unless a finding is made by the Approval Authority that the proposed facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high or moderate visibility WTS facilities are permitted on any building or any site within a historic district. Proposed WTS facilities in the Historic Overlay District are also subject to the applicable provisions of Section 3.3-900. 10. Equipment Location. The following location standards shall apply to WTS facilities, except for small wireless facilities: a. No WTS facility shall be located in a front, rear, or side yard building setback in any base zone and no portion of any antenna array shall extend beyond the property lines; b. Where there is no building, the WTS facility shall be located at least 30 feet from a property line abutting a street; C. For guyed WTS towers, all guy anchors shall be located at least 50 feet from all property lines. 11. Tower Height. Towers may exceed the height limits otherwise provided for in this Code. However, all towers greater than the height limit of the base zone shall require Discretionary Use approval through a Type III review process, subject to the approval criteria specified in Subsection I. 12. Accessory Building Size. All accessory buildings and structures built to contain equipment accessory to a WTS facility shall not exceed 12 feet in height unless a greater height is necessary and required by a condition of approval to maximize architectural integration. Each accessory building or structure located on any residential or public land and open space zoned property is limited to 200 square feet, unless approved through the Discretionary Use process. 13. Visual Impact. Except for small wireless facilities, which must meet the requirements of section 4.3-145.F.28, all WTS facilities shall be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping, and camouflage. All facilities shall also be designed to be compatible with existing architectural elements, building materials, and other site characteristics. The applicant shall use the least visible antennas reasonably available to accomplish the coverage objectives. All high visibility and moderate visibility facilities shall be sited in a manner to cause the least detriment to the viewshed of abutting properties, neighboring properties, and distant properties. Revised 5/21/13 KL 10 of 14 14. Minimize Visibility. Colors and materials for WTS facilities shall be nonreflective and chosen to minimize visibility. Facilities, including support equipment and buildings, shall be painted or textured using colors to match or blend with the primary background, unless required by any other applicable law. 35. Camouflaged Facilities. All camouflaged WTS facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The facility shall also be appropriate for the specific site. In other words, it shall not "stand out" from its surrounding environment. 16. Facade -Mounted Antenna. Facade -mounted antennas shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade -mounted antennas shall not extend more than 2 feet out from the building face. 17. Roof -Mounted Antenna. Roof -mounted antennas shall be constructed at the minimum height possible to serve the operator's service area and shall be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of- way and adjacent properties. 18. Compliance with Photo Simulations. As a condition of approval and prior to final staff inspection of the WTS facility, the applicant shall submit evidence, e.g., photos, sufficient to prove that the facility is in substantial conformance with photo simulations provided with the initial application. Nonconformance shall require any necessary modification to achieve compliance within 90 days of notifying the applicant. 19. Noise. Noise from any equipment supporting the WTS facility shall comply with the regulations specified in OAR 340-035-0035. 20. Signage. No signs, striping, graphics, or other attention -getting devices are permitted on any WTS facility except for warning and safety signage that shall: a. Have a surface area of no more than 3 square feet; b. Be affixed to a fence or equipment cabinet; and C. Be limited to no more than 2 signs, unless more are required by any other applicable law. 21. Traffic Obstruction. Maintenance vehicles servicing WTS facilities located in the public or private right-of-way shall not park on the traveled way or in a manner that obstructs traffic. 22. Parking. No net loss in required on-site parking spaces shall occur as a result of the installation of any WTS facility. 23. Sidewalks and Pathways. Cabinets and other equipment shall not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land. Revised 5/21/13 KL 11 of 14 24. Lighting. WTS facilities shall not include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the Approval Authority shall review any available alternatives and approve the design with the least visual impact. All other site lighting for security and maintenance purposes shall be shielded and directed downward, and shall comply with the outdoor lighting standards in Section 4.5-100, unless required by any other applicable law. 25. Landscaping, For WTS facilities with towers that exceed the height limitations of the base zone, at least 1 row of evergreen trees or shrubs, not less than 4 feet high at the time of planting, and spaced out not more than 15 feet apart, shall be provided in the landscape setback. Shrubs shall be of a variety that can be expected to grow to form a continuous hedge at least 5 feet in height within 2 years of planting. Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys. In all other cases, the landscaping, screening and fence standards specified in Section 4.4-100 shall apply. 26. Prohibited WTS Facilities. a. Any high or moderate visibility WTS facility in the Historic Overlay District. b. Any WTS facility in the public right-of-way that severely limits access to abutting property, which limits public access or use of the sidewalk, or which constitutes a vision clearance violation. C. Any detached WTS facility taller than 150 feet above finished grade at the base of the tower. 27. Speculation. No application shall be accepted or approved for a speculation WTS tower, i.e., from an applicant that simply constructs towers and leases tower space to service carriers, but is not a service carrier, unless the applicant submits a binding written commitment or executed lease from a service carrier to utilize or lease space on the tower. 28. Small Wireless Facilities in the Public Right -of -Way. Small wireless facilities in the public right-of-way must comply with the following standards: a. Small wireless facility structures must meet the following height limits, whichever is more: i. 50 feet or less in height, including antenna height; or ii. No more than 10% taller than the existing structure or other adjacent utility poles, light poles, or similar structures. b. Each antenna associated with the small wireless facility, excluding associated antenna equipment, must be no more than 3 cubic feet in volume. All wireless equipment associated with the structure other than the antenna, including the wireless equipment associated with the antenna and any pre- existing associated equipment on the structure, must be no more than 28 cubic feet in volume. Antenna equipment includes only such equipment that is Revi od 5/21/13 KL 12 of 14 associated with the antenna that is in the same fixed location as the antenna, and is installed at the same time as the antenna. d. All antennas on a small cell structure, excluding antenna equipment, must not total more than six cubic feet in volume, whether an array or separate. e. Antennas may not project more than five feet above or two feet laterally from the pole, as measured from the inside edge of the antenna to the surface of the pole, or the minimum necessary to achieve required safety clearances. Antennas may not exceed the diameter of the pole on which they are attached, or 16 inches in diameter, whichever is greater. f. All equipment must be mounted to the pole at least 10 feet above grade. Alternately, equipment may be located in an underground vault or another location on the pole upon approval by the City Engineer. g. Other than the antenna, antenna equipment, electric meter, and power disconnect, all pole -mounted equipment must be concealed in a single flush - mounted cabinet that complies with the. dimensional standards in this section or otherwise entirely shielded from public view. EXCEPTION: Multiple equipment cabinets on a single pole are permitted only when necessary to comply with the pole owner's joint use requirements. h. All cabling and wires that run between the antenna and equipment must be concealed or shielded inside conduit. i. All antennas, equipment, conduit, cabling, cabinets and ancillary parts must be painted or textured in a non -reflective neutral color that matches, or is compatible with, the pole. j. Where there are no existing overhead utilities, utility service lines and backhaul fiber must be located underground, unless approved otherwise by the City Engineer. k. All new or replacement small wireless facility structures must comply with the following: i. A replacement small wireless facility structure must be placed as close to the same location as the existing structure as is possible, unless minor adjustments to location are needed to comply with ADA requirements or for public safety, as determined by the City Engineer. L A new small wireless facility structure is permitted only when no other existing structure in the right-of-way is available or suitable to accommodate the small wireless facility, and no other structure in the right-of-way is available or suitable to be replaced or modified to accommodate the small wireless facility. iii. The location of a small wireless facility structure must allow sufficient clear space for safe passage on the sidewalk; must not be located within the vision clearance area; must not interfere with other utilities, traffic control Revised 5/21/13 KL 13 of 14 devices, or intersections; and must be safe, as determined by the City Engineer. Small wireless facilities are not permitted on decorative light poles and no decorative light poles will be removed or replaced to accommodate small wireless facilities. EXCEPTION: Upon a determination that no other option is reasonably available for meeting an identified capacity, coverage, or other service need, including locating the small wireless facility on private property outside the public right-of-way, the City will permit replacement of a decorative light pole with a small wireless facility that is camouflaged to match the existing decorative pole. M. The City may require design or concealment measures for small wireless facilities and associated structures in the Historic Overlay District. Any such design or concealment measures are not considered part of the small wireless facility for purpose of the size restrictions in this subsection. Removal of Facilities M. Abandonment or Discontinuation of Use. The following requirements apply to the abandonment and/or discontinuation of use for all WTS facilities: 1. All WTS facilities located on a utility pole shall be promptly removed at the operator's expense at any time a utility is scheduled to be placed underground or otherwise moved. 2. All operators who intend to abandon or discontinue the use of any WTS facility shall notify the City of their intentions no less than 60 days prior to the final day of use. 3. WTS facilities shall be considered abandoned 90 days following the final day of use or operation. 4. All abandoned WTS facilities shall be physically removed by the service provider and/or property owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first. 5. The City reserves the right to remove any WTS facilities that are abandoned for more than 90 days at the expense of the facility owner. 6. Any abandoned site shall be restored to its natural or former condition. Grading and landscaping in good condition may remain. Revised 5/21/13 KL 14 of 14 J INFRASTRUCTURE 07/24/2020 City of Springfield Development & Public Works Department Attn: Liz Miller 225 5th Street Springfield, OR 97477 VIA EMAIL- Imiller@soringfield-or.gov RE: Request to Construct Small Wireless Facility on Existing Structure Subject to 60 -day Federal Communications Commission ("FCC') Shot Clock Dear SPringfeld Development & Public Works: On behalf of New Cingular Wireless PCS, LLC ("AT&T") we are pleased to submit this request to construct a small wireless facility on an existing structure within the public right-of-way. This facility will enhance the capacity of Mrs existing wireless network and provide critical service improvements to the surrounding area. Prosect Description This request includes a facility that meets the definition of "small wireless facilities' pursuant to 47 C.F.R. § 1.6002(1), constructed on an existing structure in the public right-of-way, without requiring structure replacement. AT&T ID Owner/Pole Type Location I Proposed freight EUG02_013/ FA 14824026 CenturyLink-owned wood pole Pole 9 A0357838 GSt& 16th St. 44.05183.-123.00186 38'-W 15 INFRASTRUCTURE List of Permits/Aereements Reauested AT&T has already entered into a Franchise Agreement with the City of Springfield. AT&T requests approval of the fallowing permits and agreements, as well as any other authorizations necessary, for its proposed small wireless facility/facilities • Pole Attachment& Public Right Of Way Use Agreement— City Contract 2093, signed 1/2/19 FCC Shot Clock for Small Wireless Facilities We would also like to confirm the City of Springfield will review AT&T's application pursuant to the FCC's new timelines, or "Shot Clocks;' for small wireless facilities, which are outlined 47 C.F.R. § 1.6003. All authorizations related to facilities to be collocated on existing structures are required to be completed within 60 days after filing, as follows: • This Application was filed on 07/24/2020. • Absent tolling, the City of Springfield must take final action by Monday, September 22nr, 2020. If you determine one or more of these applications are incomplete, please notify us by Monday, August 3rd, 2020. Under 47 C.F.R. § 1.6003, the "Shot Clock" for incomplete applications resets if notice of incompleteness is provided to the applicant within ten days of submittal. If an application is deemed incomplete a second time, the shot clock does not reset; instead, it is tolled, and then after resubmittal, it continues to run until a decision is made. Our goal is to work with you to obtain approval of these permits without delay. We will respond promptly to any requests for information you may have for our application. Please let us know how we can work with you to make the approval process easier for you. We look forward to working with you on this important project, which will significantly improve wireless communication services in your community. Should you have any questions or require additional information, please do not hesitate to contact meat the address below. Sincerely, Meredith Hewett mhewett@j5ip.com 6732 SW Terri Ct, Portland, OR 97225 503-312-3400 Enclosures: Low Visibility, Stealth and Small Wireless Telecommunications Facilities— Minimum Development Standards -Type 1 Attachments: Construction Drawings, Photo sim, Propagation, RFSSR, pole owner No Make Ready/Permission cc: Wendy Long, Mike Slotemaker Springfield Development Code Compliance Narrative A. The proposed installation is less than 50' and not more than 10% taller than the existing structure B. The proposed antenna will be no more than 3 cubic feet in volume C. The proposed antenna and associated equipment will be no more than 28 cubic feet in volume D. The proposed antenna will be no more than 6 cubic feet in volume F. The proposed installation will not project more than 5' above or 2' laterally from the pole, antenna will not exceed diameter of the pole it is attached to F. The proposed antenna will be mounted a minimum of 10' above grade G. The proposed equipment, separate from the antenna, will be concealed in a single cabinet that complies with the dimensional standards on this Section or otherwise shielded from public view H. All proposed cabling and wire will be concealed or shielded inside conduit I. All proposed antennas, equipment, conduit, cabling, cabinets and ancillary parts will be painted or textured in a non -reflective neutral color that matches or is compatible with the pole J. The proposed installation will include a new underground connections where required when an overhead connection does not already exist K. The proposed installation will comply with: I. Will be placed as close to the same location as possible unless minor adjustments are needed to comply with ADA requirements or for public safety II. A new structure will be proposed only when no other existing structure in the right of way is available or suitable III. Installation will allow safe passage on the sidewalk, will not be located within vision clearance, will not interfere with other utilities, traffic control devised or intersections and will be determined safe L. Installation is not proposed on a decorative pole M. If required by the city design will include concealment measures in the Historic Overlay District ~ °i A i�W3c a as i @ P3dh &� ll F g Aliij xs `u s�, W �_ J w oY 3 rzz.$4,e Prr pR3�y O O O .ae 3^u yageg g g�&Saa:gt. mm eZ'_aaEnSa�3uE ft%aRRd O no J a 3 (2 H W d m U LLCI G> w p Y w Z O o pig, Z O �o O U s ass Q4a;PFv U k hip H 9App Q£3 kEBi ti 3 e 8 n;s Ws �aE awx — m w v w 1LU '4 a ERE M Ria.} O i'4£xgpY 5>6E. 3� U il g 8 Y �p a$S x4yY � Rg � 59°6.E ..d£ Ed � ids a r u s y g 4 u °�a 4�u 9g R.€ ° s p. � 3 3 a a : � V �• a=5e3 �� O@; g 2e e a s�-- g�4 ?qa,e._ u a $R g go7a ${ a. g a i :. a A .p4a a� a a qg stl g a r @ sE 'jig Sg g s'S g 9' ig €9RSge 3 mt € p RSs R� 9 as @-z g s �a R6 2gaa g �'�£ ��pgpe4£a€a f€€a Via. Sue 6@p s €n gg aRg s �a sa€ a v§p7 gs99 9. �R€e g p ° E�@ ?g@°i psx sat € a e =•_=�aaS@ e q e�:.� ] i �a a geA a°€ � k�@�F? "3°idi`ed a .. a Avg s s. p 'gig -a TIMs iss i?9pg p'F a 9p y�s9?spz� 33g�S a 8§! ��1H(m�am I 4 pd4 9s 69 F@4Seg1�9 s3£¢ 99�e5 ea . Fill,; / ! !§; : �)ITjI , \ I [ \( \) 1 (lvNssv) y _ ®A ga66P s3 :� g4 s� i� a"Q���1�5{°Ne�®gig= Ip` i b Q Ip` i F Ro p !e F � s )§m§GQ \ .s• !• � . ``R`|`i!±|� J , <» ■ :� <!. , � _ w 9 QQ fi? ���5� ;,:D•.!!j!\} |' )° i)( W- I U ixc h� LL' z1^i lY 6m u 0 N N Olo 0 � ¢ 9 J w W I N y rc N O� O N CL I z 9 V ln CenturyLink, CenturyLik^ Pole Replacement and Make -Ready Letter of Authorization 5/13/2020 Centurylink is giving New Cingular W ireless (dba AT&T) formal Authorization to hire J5 Infrastructure Partners to replace and perform necessary make-ready work on a CenturyLink owned wood -pole located at: Lat/Long: 44.05183,-123.00186 Address: 1605 G St.; Springield, OR 97477 CenturyLink Pole #: A0357838 AT&T Site Identifier: CRAN_RWOR_EUG02_013_D AT&T SLIP ID #: 18934-013D If you have any questions please feel free to contact me... a AT&T On -Site Radio Frequency Safety Survey Report (RFSSR) Site Name: CRAN_RWOR_EUG_02_013 D M-RFSC Name: Piero Rovani FAM 14824026 Site Structure Type: Utility Pole USID: 208175 Property Owner: Public ROW Site ID: 18934-013D Property Owner Contact: NIA Address: 1605 G St. PACE#: MRWOR034899/ MRWOR034979 Springfield, Oregon 97477 Prepared For: AT&T Mobility, LLC County: Lane c/o J5 Infrastructure Partners Latitude: 44.051830 2030 Main Street, Suite 200 Longitude: -123.001860 Irvine, CA 92614 EBI Project Number: 6220001558 Report Information: Report Writer: Christopher Ilgenfritz Report Date: April 23, 2020 Meter Model/Serial: NBM-550/E-0724 Probe Model/Serial: EA5091/1036 Survey Technician: Joseph Vitulli Site Survey Date and Time: April 21, 2020 10:00 AM PST CDs: ATT _PDX18934-013_90_ CRAN CD REV B 2020-03-26 RFDS: 18934-013 P-042776 MRWOR034979 Preliminary RFDS Compliance Statement: AT&T Mobility Compliance Statement: Based on the information collected, AT&T Mobility will be Compliant with FCC Rules and Regulations at the nearest walking surface if recommendations in the Compliance Summary are implemented. EBI Consulting environmental l engineering l due diligence AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA 14824026 1 TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY 2.0 SIGNAGE AND MITIGATION PLAN........................................................................................3 3.0 ANTENNA INVENTORY..........................................................................................................4 4.0 SITE PHOTOGRAPHS.............................................................................................................6 5.0 ONSITE MEASUREMENTS......................................................................................................9 6.0 WORST-CASE PREDICTIVE MODELING............................................................................... 10 7.0 COMPLIANCE SUMMARY..................................................................................................... 16 8.0 APPENDICES........................................................................................................................ 17 APPENDIXA: FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS ................. 18 APPENDIX B: AT&T RF EXPOSURE POLICY REQUIREMENTS.................................................. 21 APPENDIXC: AT&T SIGNAGE AND MITIGATION.................................................................... 22 APPENDIXD: LIMITATIONS...................................................................................................... 23 APPENDIXE: RooiMasterT..................................................................................................... 24 APPENDIX F: CERTIFICATIONS................................................................................................ 25 PreparerCertification................................................................................................................ 27 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_FUG_02_013 D Site FA: 14824026 1.0 EXECUTIVE SUMMARY Site USID: 208175 EnviroBusiness Inc. (dba EBI Consulting) has been contracted by AT&T Mobility, LLC to conduct radio frequency electromagnetic (RF-EME) monitoring and modeling for AT&T Site 18934-013D located at 1605 G St. in Springfield, Oregon to determine RF-EME exposure levels from proposed AT&T wireless communications equipment at this site. As described in greater detail in Appendix A of this report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures. This report summarizes the results of RF-EME monitoring and modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF-EME fields. This document addresses the compliance of AT&T's transmitting facilities independently and in relation to all collocated facilities at the site. 1.1 SITE SUMMARY Existing Mitigation at the Site: • No existing signs on the utility pole. Recommended Mitigation at the Site: • Access Point(s): o To reduce the risk of exposure and/or injury, EBI recommends that access to the utility pole or areas associated with the active antenna installation be restricted and secured where possible. O Install 8.25" x 8.25" Stonehouse CAUTION signs on opposite sides of the utility pole 4' below the bottom of the antenna. • Signage at AT&T Mobility Sectors: o A: No action required. o B: No action required. o C: No action required. • Barriers at AT&T Mobility Sectors: o A: No action required. o B: No action required. o C: No action required. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 Predictive Modeling Results: Site USID: 208175 2 The maximum predictive power density generated by the antennas is approximately 46.76 percent of the FCC's general public limit (9.35 percent of the FCC's occupational limit) at the utility line level. At the antenna face level, the maximum predictive power density generated by the antennas is approximately 12 10.89 percent of the FCC's general public limit (242.178 percent of the FCC's occupational limit). At ground level, the maximum predictive power density generated by the antennas is approximately 0.27 percent of the FCC's general public limit (0.054 percent of the FCC's occupational limit). Onsite Measured Results: EBI conducted a site visit on April 21, 2020. There are no access restrictions to the utility pole as it is located in the public right-of-way. Existing conditions at the site were measured by radiofrequency monitoring. Combining these results with the predictive modeling results for the proposed AT&T antenna resulted in a maximum power density of approximately 1.08 percent of the FCC's general public limit (0.22 percent of the FCC's occupational limit) at ground level. 1.2 Climate Conditions at Time of On -Site Audit Temperature: 60' Sky Conditions: Cloudy Wind Factor: No Wind Precipitation: None AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 2.0 SIGNAGE AND MITIGATION PLAN Site USID: 208175 3 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. tr GFLLmeItiL--0' "• I1L - - Ins411325"x8.35"Snnehouse - CAUTION signs on opposise side of l the utility pole 4' below the bottom of the antenna. 'I I 4J:il l((t�l 111i. I CmsEsuact& it".l �AII I Infoa9itlnx III SIGN IOENTIFICNTION UGENO AT&T NOTICE 2 Sen <R_- ATATCALUION2-111whop Sim Existing Sign all - AT&TWARMNG BaM2ASes IMF AT&T CAUTION 25-TowerS&n Proposed Sign _ - qT$T NOTICE SmaII CcM Sl9v AT&TCAU1n)N2C-PampasSips r 1 Installed Sign �&. AT&T GUnON Small Cell Syu AT&TTRIUNGUALNOTICEsign AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. (sx}eyV JU13Mu1 (sNe/J� dY31e3a1 — (PBPJ .I .q euuaauy aueu> 1aNlwsueal Os M) ,.du, aaiaod my .dV (saaa8ap) gzpl..eag le 07.'JO y Pap) 411ou-.(] leolueyoaW (SeP) 41nw1ztl (z1yy1) buanbaad � 0 0 lapoyl euuaauy _ a a u u Z Z ahely euuaauy u u �oaeaadp G 0 0 r� �; o .� o m _� M N � �_ A a7+ � o �._ _ J � v 2 N L O Y A d 'v 5 � — o k � n L y d V Y G a a x 0 s• w s z �' 0 3 �i u Z .o +' _ c �m a vv E ZLL Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 4.0 SITE PHOTOGRAPHS Site USID: 208175 6 The following pages contain site photos from the on-site survey conducted on April 21, 2020. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 Site USID: 208175 7 4 Existing equipment at base of pole, aspect equipment at base of pole, aspect 6. 1 North of Pole AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 Site USID: 208175 8 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA: 14824026 9 5.0 ONSITE MEASUREMENTS EBI performed a ground level RF-EME survey on April 21, 2020. Monitoring was performed using a NBM-550 Electromagnetic Radiation Survey Meter, E-0724 with a EA5091-shaped probe with a frequency range of 300kHz-50 GHz. The meter was last calibrated on 12J1712018. This meter was programmed to measure the total power density for all electromagnetic radiation within the 300kHz-SOGHz frequency range and report the power density as a percent of the FCC's controlled MPE. During this survey, no spatially averaged readings above 0.1612% of the FCC's occupational MPE (0.8060% of the general public MPE) were encountered on any ground surface. This maximum spatially averaged reading was measured approximately 100' north of the utility pole, as shown in the monitoring site plan. Please see below for a graphical representation of monitoring locations and readings. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. zl aonn go• z%m ag�w gm 1 Irrrri i i dna grr uaaa Esa a nm gar a ig. i norm gsw smm� dmr @i O EO]5 g N pem gw oe..�,..0 ops gror i i ioww+ AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA: 14824026 10 6.0 WORST-CASE PREDICTIVE MODELING In accordance with AT&Ts RF Exposure policy, EBI performed theoretical modeling using RoofMaster- software to estimate the worst-case power density at the site utility line level and ground -level and nearby rooftops resulting from operation of the antenna. For this report, EBI utilized antenna and power data provided by AT&T and compared the resultant worst- case MPE levels to the FCC's occupational/controlled exposure limits outlined in CET Bulletin 65. The assumptions used in the modeling are based upon information collected during the site survey and information provided by AT&T and information gathered from other sources. There are no otherwireless carriers with equipment installed at this site. Based on worst-case predictive modeling, there are no modeled exposures on any accessible utility line level and ground walking/working surface related to ATT's proposed antennas that exceed the FCC's occupational and/or general public exposure limits at this site. Modeling indicates that the worst-case emitted power density may exceed the FCC's general public limit within approximately I I feet of the antenna face and the occupational limit within approximately 4 feet of the antenna face. Modeling also indicates that the worst-case emitted power density may exceed the FCC's general population limit within approximately 4 feet below the bottom of the AT&T antenna and the occupational limit within approximately 3 feet below the bottom of the AT&T antenna. At the nearest walking/working surfaces to the AT&T antennas on the utility line level, the maximum power density generated by the AT&T antennas is approximately 46.76 percent of the FCC's general public limit (9.35 percent of the FCC's occupational limit). It should be noted that percentage of MPE is based on spatially -averaged power densities over a height of six feet, with the height of the utility line being centered within that spatial range. Based on worst-case predictive modeling, there are no areas at ground/street level related to the proposed AT&T antennas that exceed the FCC's occupational or general public exposure limits at this site. At ground/street level, the maximum power density generated by the antennas is approximately 0.27 percent of the FCC's general public limit (0.054 percent of the FCC's occupational limit). It should be noted that RoofMasteri1A is not suitable for modeling microwave dish antennas; however, these units are designed for point-to-point operations at the elevations of the installed equipment rather than ground -level coverage. Based on AT&T's RF Exposure: Responsibilities, Procedures & Guidelines document, dated October 28, 2014, microwave antennas are considered compliant if they are higher than 20 feet above any accessible walking/working surface. There are no microwaves installed at this site. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN RWOR_EUG_02_013 D Site FA: 1482402611 Ground Level 0 feet AGL Site USID: 208175 1 5 I� I l I , I I , Ii II 1 I1 I li 1 Ij GwMLerti�O' P—.MPELe d G% im ■ iwz. soox mnx a>oar eF�. nbk L'mb Jag. io'mssL Wm w�omss�) can.cwca 1 i arr AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA 14824026 Elevation View Site USID: 208175 12 'fuUvo Ulib Liro=31' I _Us�Li. -IIB' I _ II � ,1 (] nx-tun ■ tmx.maz 50l%.500Wt S 5M �' � PWElinb SWe OVeRctl lO fmY9id vie Grwrdlrtl�a MidZnrs Pvg IS Ail AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Na..: CRAN_RWOR_LUG_02_013 D Site FA 14824026 Antenna Face Level Site USID: 208175 13 i I I ❑ �� II �, 1 !I it I I — - T i G,w�d Levu -0 P ,t MPELeyvd ❑ 0XW 4X 10 ess ❑ 500X to � Pldc Lonl, Sada 9 0 m U 1 40pFW C -W.Co ATT Max MPE: 1,210.89% General Population MPE at Antenna Face Level AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 Utility Line Level 31 feet AGL Site USID: 208175 14 Note: Graphical representation of MPE is based on spatially -averaged power densities over a height of six feet, with the height of the utility line being centered within that spatial range. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. z� 1 1 M it I 1 I i OIL -- i + I l I I G�ouMLevel=0' 'i PwCenI MPE LamN ❑ Ok.1mY tWX 9A% ' 51pv.�9b¢t 5RJt%• - P�Nc.ImiR' GN9 10hWptl om wrszemxi:.w1 10 ATT Note: Graphical representation of MPE is based on spatially -averaged power densities over a height of six feet, with the height of the utility line being centered within that spatial range. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 Site USID: 208175 IS AT&T Contribution of More Than 5% of the FCC's General Exposure RF Limit Note that the areas shown in purple are where AT&T antennas contribute more than 5% of the FCC's general exposure RF limit These do not overlap any areas in front of other carrier antennas exceeding the FCC's general exposure RF limit because there are no other carriers as shown in Figure I. Under FCC regulations, AT&T is therefore not responsible for predicted exceedances of another carrier's antennas. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. 1FKI zql i I x 1 I II II aumt�w-a Pnm, MFEL Jerk) iY• RhElimAi Wd in 0 M 6 A,try6Feej Lamm Gb Code I i � orr i Note that the areas shown in purple are where AT&T antennas contribute more than 5% of the FCC's general exposure RF limit These do not overlap any areas in front of other carrier antennas exceeding the FCC's general exposure RF limit because there are no other carriers as shown in Figure I. Under FCC regulations, AT&T is therefore not responsible for predicted exceedances of another carrier's antennas. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 7.0 COMPLIANCE SUMMARY Site USID: 208175 16 Based on the information collected, AT&T Mobility will be Compliant with FCC Rules and Regulations at the nearest walking surface if recommendations in the Compliance Summary are implemented. The following mitigation measures are recommended for this site. Access Point(s): o To reduce the risk of exposure and/or injury, EBI recommends that access to the utility pole or areas associated with the active antenna installation be restricted and secured where possible. o Install 8.25" x 8.25" Stonehouse CAUTION signs on opposite sides of the utility pole 4' below the bottom of the antenna. AT&T Mobility Sectors: o Sector A: No Action Required. o Sector 8: No Action Required. a Sector C: No Action Required. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 8.0 /APPENDICES Site USID: 208175 17 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA: 14824026 18 Appendix A: FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general public/uncontrolled exposure limits for members of the general public. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general publictuncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General publicluncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table I and Figure I (below), which are included within the FCC's OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility and are "time -averaged" limits to reflect different durations resulting from controlled and uncontrolled exposures. The FCC's MPEs are measured in terms of power mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (mWlcm2) and an uncontrolled MPE of I mW/cm2 for equipment operating in the 1900 MHz frequency range. For the AT&T equipment operating at 700 MHz, the FCC's occupational MPE limit is 2.33 InW/cm2 and an uncontrolled MPE limit of 0.47 mW/cm2. For the AT&T equipment operating at 1900 MHz, the FCC's occupational MPE is 5.0 mW/cm2 and an uncontrolled MPE limit of 1.0 MW/CM2. These limits are considered protective of these populations. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_KWOR_EUG_02_013 D Site FA 14824026 Site USID: 208175 19 Table I: Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency Range (MHz) Electric Field Strength (E) (VIM)Alm Magnetic Field Strength (H) Power Density (S)[E] (mWlcm') Averaging Time [H]or S minutes 0.3-3.0 614 1.63 (100). 6 3.0-30 1842/f 4.89/f (900/P). 6 30-300 61.4 0.163 1.0 6 300-1,500 � f/300 6 1,500-100,000 5 6 (B) Limits for General Public/Uncontrolled Exposure Frequency Range (MHz) Electric Field Strength (E) /m Magnetic Field Strength (H) Alm Power Density (S) (mW/cm') Averaging Time [E]', [H]', or S minutes 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f 180/F * 30 30-300 27.5 0.073 0.2 30 300-1,500 f/1,500 30 1,500-100,000 021 1.0 30 f= Frequency in (MHz) * Plane -wave equivalent power density E/gure 9. FCC limits for Maximum Permissible Exposure (MPE) Plane -wave Equivalent Power Density oil 0.03 03 1 3 30 300 J3, 3d 1,500 Frequency (101-1z) Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. OttupationahU^onrmlletl Exposure ---- General Populetion/Unca "Y.d Exposure E 100 u � � v E � d5 � o � d ` 3 a � ` 021 oil 0.03 03 1 3 30 300 J3, 3d 1,500 Frequency (101-1z) Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA: 14824026 20 Personal Wireless Service Approximate Frequency Occupational MPE Public MPE Microwave (Point -to -Point) 5,000 - 80,000 MHz 5.00 mW/cm' 1.00 mW/cm' Broadband Radio (BRS) 2,600 MHz 5.00 mW/cm' 1.00 mW1cm2 Wireless Communication (WCS) 2,300 MHz 5.00 mW/cm2 1.00 mW/cm2 Advanced Wireless (AWS) 2,100 MHz 5.00 mW/cm' 1.00 mW/cm2 Personal Communication (PCS) 1,950 MHz 5.00 mW/rm° 1.00 mW/cm2 Cellular Telephone 870 MHz 2.90 mW/cm2 0.58 mW/cm' Specialized Mobile Radio (SMR) 855 MHz 2.85 mW/c m' 0.57 mW/cm' Long Term Evolution (LTE) 700 MHz 2.33 mWlcm2 0.47 mWlcm2 Most Restrictive Frequency Range 30-300 MHz 1.00 mW/cm2 0.20 mWlcm2 MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Personal Communication (PCS) facilities used by AT&T in this area operate within a frequency range of 700-1900 MHz. Facilities typically consist of: 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to he received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line -of -site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas. FCC Compliance Requirement A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA: 14824026 21 Appendix B: AT&T RP EXPOSURE POLICY REQUIREMENTS AT&Ts RF Exposure: Responsibilities, Procedures & Guidelines document, dated May 27, 2015, requires that: I. All sites must be analyzed for RF exposure compliance; 2. All sites must have that analysis documented; and 3. All sites must have any necessary signage and barriers installed. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA 14824026 Appendix C: AT&T SIGNAGE AND MITIGATION Site USID: 208175 22 Signs are the primary means for control of access to areas where RF exposure levels may potentially exceed the MPE. As presented in the AT&T guidance document, the signs must: • Be posted at a conspicuous point; • Be posted at the appropriate locations; • Be readily visible; and • Make the reader aware of the potential risksrp for to entering the affected area. The table below presents the signs that may be used for AT&T installations. CRAN I HETNET Small Cell Decals I Signs 00 NOTICE DECALS uanelwamuheermh aixanm merl+alarla•va�s aavwum affil. yw nn amm+l popuh6m Shy al4aa[ I.'helaxeYhlm Xe Ntea^a callan7xeamum,apuonanrcn s, mrneloXrou .»... _..,.— aalaaaaeawenin ie.l. NOTICE 2 ACAUTION Platepwatttaihnnawl�by�W�ueWn. ® Q �Omh•WmY u°e/aIm $ ^!h'� OfCC4nml PopukJ°n NOTICE Y�olwwlPXw.rgrwunalaaa SIGN •.ro n...4lnMm.wman. �nora.awy+. c,a� nTuaonivassax..a rroiw•nwru.enoa.ewro CAUTION 2— InWan'e0tlapaln � CAUTION 2A µl�y�4 ACAUTION mnl. aaaTslrtusro_. A CAUTION wP.IhmY .ambo arlalsam.noamymM..em. ttcs CAUTION oaupaYon•I aapeaun Pmlb. uavaleam .I Xanawavrem uemn9are. DECAL GIIATBTtl9GOflY�taY2OpW� 9Nn� ]AFM MIy X'pY mMleG99 wI1Nn t iat CAUTION 2C - TOWER A CAUTION •raT.Pn+o.w..ahun.miu,.• •�04�Pv'4RYauanal�bM1pan aneaMYmnnau. wanhaeoxnwl.a CAUTION rao°.a•a9wmMa..IMwwlmm.a SIGN Xaaa RMaM1VMYnM1aabol tlN WARNING I B Moan.. � mMaT6TM Wi1NaiC b&] t°G!/,IbFmnaWnapA°r a nPalrt �. Xbb �•maM•raxa calax.aaX Alerting Signs 2 z TRILINGUAL .»... _..,.— NOTICE NOTICE 2 ACAUTION ACAUTION ® Q �nora.awy+. .»� _ CAUTION 2— ROOFTOP CAUTION 2A ®CAUTION ACAUTION CAUTION 2B - CAUTION 2C - TOWER PARAPETS v�. .aaM° wawMa vuv WARNING I B WARNING 2A AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 Appendix D: LIMITATIONS Site USID: 208175 23 This report was prepared for the use of AT&T Mobility, LLC to meet requirements outlined in AT&Ts corporate RF safety guidelines. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information collected during the site survey and provided by the client. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA 14824026 Appendix E: RoofMaster- Site USID: 208175 24 RoofMasterTm is a widely -used predictive modeling program that has been developed to predict RF power density values for rooftop and tower telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services. Using the computational methods set forth in Federal Communications (FCC) Office of Engineering & Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields" (OFT -65), RoofMasterT"" calculates predicted power density in a scalable grid based on the contributions of all RF sources characterized in the study scenario. At each grid location, the cumulative power density is expressed as a percentage of the FCC limits. Manufacturer antenna pattern data is utilized in these calculations. RoofMasterTu models consist of the Far Field model as specified in OET-65 and an implementation of the OET-65 Cylindrical Model (Sula9). The models utilize several operational specifications for different Types of antennas to produce a plot of spatially -averaged power densities that can be expressed as a percentage of the applicable exposure limit. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site FA: 14824026 Appendix F: CERTIFICATIONS Site USID: 208175 25 AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2028 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA: 14824026 26 Field Personnel Certification I, Joseph Vitulli, state that: • I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. • I have successfully completed RF-EME safety training, and I am aware of the potential hazards from RF-EME and would be classified "occupational' under the FCC regulations. • I am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. • I have been trained in the proper use of the RF-EME measurement equipment, and have successfully completed EBI training in the policies and procedures for site survey protocols. • All information collected during the site survey and contained in this report is true and accurate to the best of my knowledge and based on the data gathered. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2020 AT&T Intellectual property. All rights reserved. Site Name: CRAN_RWOR_EUG_02_013 D Site USID: 208175 Site FA: 14824026 27 Preparer Certification I, Christopher Ilgenfritz, state that: • I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. • I have successfully completed RF-EME safety training, and I am aware ofthe potential hazards from RF-EME and would be classified "occupational" under the FCC regulations. • I amfullyaware of and familiar with the Rulesand Regulations of boththe Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. • I have been trained in on the procedures outlined in AT&T's RF Exposure: Responsibilities, Procedures & Guidelines document (dated October 28, 2014) and on RF-EME modeling using RoofMasterTu modeling software. • I have reviewed the data collected during the site survey and provided by the client and incorporated it into this Site Compliance Report such thatthe information contained in this report is true and accurate to the best of my knowledge. AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. 02020 AT&T Intellectual property. All rights reserved. El INH OD p}o inaz o O ¢ Q.W§ I1, ❑CC z Cl § ". s 9a3g gys a api€§$ ❑ cc lC O [9 a o C7 =❑z N ❑ :iRw 2s g g B b:a9 F ❑ > ❑Q N 3J ❑ '�d a p8 F d Qw Z La• a s yawB s m w E•i& N 00 O day" z' e;xn. a, W Z❑ Q ❑ (� mew 9c 6342in E MH Q a6 Fa yO ❑u N env' g Q.Q Q ❑ ❑ U W ❑N sWsff� ., ab €? € a awNz ut r €e,:e m sob-� �..1 g °e3§s a .' z _x Q e" Q £gip? z • s ❑ .FY ❑ 9E B z Z da ❑ s bEt °Q J V J b Q N ®4 ° ❑ 'i s�jE £E� id ❑ e e blaSE��H ff I 4�'w - a F 9n^n7^n Jj n rvo. Z Z a Z a o z a a Q e I- u �. U Q X g F MR w Q w ❑ c c e ❑ a g3 ❑ ? �ffas N w F �5 ❑ ❑ g F " z w w a 6 e 3¢ a o �g2;z w zg. N e 2 E e u 5$I OE ��O # K �� [/ � K \( ■ 2 CITY OF SPRINGFIELD_. _ POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT City Contract # 2093 WHERAS, this Pole Attachment and Public Right of Way Agreement (hereinafter "Agreement") is entered into by and between the City of Springfield, an Oregon municipal corporation (hereinafter "City') and New Cingular Wireless PCS, LLC, a Delaware limited liability company qualified to do business in the State of Oregon (hereinafter"Grantee'l, collectively referred to herein as the "Parties." WHEREAS, Grantee desires to place its facilities within the public rights of way and to attach its facilities to City -owned poles; WHEREAS, Springfield Municipal Code (SMC) Section 3.224 prohibits placing any structures or devices within the public right of way without the owner of such structure or device obtaining a placement permit from the City; WHEREAS, the City has the authority under federal, state, and local laws to acquire, construct, maintain, abandon, and regulate the use and occupancy of streets, right-of- way, and other city property; to grant access to the rights of way and other City property upon certain terms and conditions; and to require fair and reasonable compensation, on a competitively neutral basis, for the use of city rights of way; WHEREAS, on September 27, 2018 the Federal Communications Commissions adopted a Declaratory Ruling and Third Report and Order that, among other things, preempts fees and charges that exceed a reasonable approximation of the local government's objectively reasonable costs and requires fees to be non-discriminatory; and WHEREAS, the purpose of this Agreement is to grant Grantee the right to occupy the public rights of way subject to the requirements of the Springfield Municipal Code and Springfield Development Code; the right to occupy City property other than public ways, namely City -owned poles and other structures; and to fix the compensation for such occupancy and use, which is separate from and does not offset any other taxes and fees to which Grantee is subject; NOW THEREFORE, in consideration of the foregoing recitals, which are expressly made a part of this Agreement, the parties agree as follows: SECTION 1. DEFINITIONS For the purpose of this Agreement, the following terms, phrases, and their derivations have the meanings given below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 1 of 22 {00009735:3) A. "City" means the City of Spdngfield;.Oregon,. a municipal corporation, and all of the territory within Its corporate boundaries, as such may change from time to time. B. "City Council" means the Common Council of the City of Springfield. C. "Cost" means any actual, reasonable, and documented costs, fees, or expenses, including but not limited to attomeys' fees. D. "Facility" or "Facilities" means capital, equipment and property affixed to a Structure in accordance with the terms of this Agreement, including but not limited to optical fiber, wires (including, without limitation, electrical and telephone utility wires, lines and cables), pipes, mains, conduits, ducts, pedestals, antennas, power boxes, cabinets and electronic equipment owned or operated by Grantee and used for transmitting, receiving, distributing, providing or offering Wireless Telecommunications Services over the spectrum of radio frequencies licensed by the Federal Communications Commission and unlicensed spectrum, unless context indicates otherwise. E. "Fees" means all fees payable by Grantee to the City pursuant to this Agreement. F. "Guy Pole" or "Support Pole" means a pole that is used primarily to structurally support an electrical or telephone distribution or transmission pole but has no energized conductors or telephone wires or Facilities attached. G. "Hazardous Substance" means hazardous materials as defined in Springfield Development Code Section 6.1-110 and hazardous substances as defined in ORS 465.200(16). H. "Wireless Telecommunications Service(s)" means commercial mobile radio service, as defined in Section 20.9 of title 47 of the Code of Federal Regulations as in effect on October 1, 2017. I. "Wireless Telecommunications System" means all Facilities owned or used by Grantee for the purpose of providing Wireless Telecommunications Services and located in, under and/or above Public Right of Way, excluding ducts, conduits and vaults that are leased from another City franchisee, licensee, lessee or grantee. 1. "Person" means any individual, sole proprietorship, partnership, association, corporation, or other form of organization authorized to do business in the State of Oregon and includes any natural person. K. 'Public Right of Way" means the surface of, and the space above and below, any land acquired by the City by purchase, reservation, dedication, forced dedication, prescription or condemnation that is occupied by or is intended to be occupied by any street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 2 of 22 100009nsay line,. sanitary/storm sewer, or other similar facility, to. the.extent the.City has the right to allow Grantee to use them. L. "Structure" means any utility pole, Guy Pole or Support Pole, utility pole extension, light standard or other similar pole in the Public Right of Way but excluding any decorative streetlight, that is suitable for the Installation of Facilities as determined by the City in its sole discretion. SECTION 2. NATURE AND TERM OF GRANT A. Grant of Authors y. The City does hereby grant to Grantee, and Grantee's successors and assigns, as approved by the City of Springfield under Section 11 of this Agreement, the privilege and authority to access the Public Right of Way and City -owned Structures located in the Public Right of Way to install, construct, repair, replace, maintain, and operate Facilities for a Wireless Telecommunications System in, under and over the surface of the Public Right of Way subject to the terms of this Agreement to provide all wireless communications services which are permitted by law. Access to any City -owned Structure is subject to receipt of written authorization from the City. Grantee shall use Its Wireless Telecommunications System solely to provide services as defined in this Agreement. Grantee represents that it has applied for and received any and all regulatory authority that is required to provide Wireless Telecommunications Services, including but not limited to a City of Springfield Utility License. 1. This Agreement does not have the effect of authorizing Grantee to: a. Operate a cable system as defined by 47 U.S.C. §522(7); b. Provide video programming, as defined by 47 U.S.C. §522 (20); c. Provide telecommunications service as defined in Oregon Revised Statutes (" ORS'l 759.005(8); d. Operate a telecommunications facility within the City of Springfield or provide telecommunications services within the City of Springfield without a valid Utility License granted by the City under Springfield Municipal Code ("SMC') 4.604, Including but not limited to the provision of fiber backhaul or network data transport service; and e. Operate any facility in a manner that contravenes any federal, state, or local regulatory authority required to provide wireless telecommunications services. 2. Nothing in this Agreement precludes the Grantee from executing a contract for the use of any portion of its Wireless Telecommunications System with any Person or other entity for any services, whether specified herein or not, provided that said Person or entity is another franchisee, licensee, or grantee of the City with authority to operate a wireless telecommunication system in the Public Right of Way. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 3 of 22 IDMw 5:1) n B. Effective Date.. The Effective Date of this Agreement is the first day of the full calendar month following the date on which both Parties sign this Agreement. If both Parties sign on the first day of any calendar month, that date is the Effective Date. (e.g. if both Parties sign on June 1, June 1 is the Effective Date, however if one party signs on June land the other party signs on June 15, July 1 is the Effective Date.) C. Duration. This Agreement, and all rights and obligations pertaining thereto, is effective for a period of ten (10) years, as measured from its Effective Date, unless terminated sooner as provided in Section 12. This Agreement shall be renewed for two (2) additional terms of five (5) years each (the "Renewal Terms'), unless either Party provides the other written notification of its intent not to renew this Agreement not less than one hundred and eighty (180) days prior to the scheduled termination of the Initial Term or the First Renewal Term, as the case may be. D. Agreement Not Exclusive. This Agreement is not exclusive. The City expressly reserves the right to grant rights to other Persons, as well as the right in its own name as a municipality, to use the Public Right of Way and its Structures for similar or different purposes allowed Grantee hereunder, by lease, franchise, permit or otherwise. Notwithstanding the foregoing, City will not grant after the date of this Agreement a permit, license or any other right to any third party, if at the time such third party applies for access to a pole, the City knows that such third party's use will adversely affect or interfere with the Grantee's existing Attachments, the Grantee's use and operation of its Facilities, or Grantee's ability to comply with the terms and conditions of this Agreement. E. Charter and Ordinances to Anoly. To the extent authorized by law, this Agreement is subject to the Charter of the City of Springfield, the Springfield Municipal Code, Springfield Development Code, and all ordinances and resolutions of the City of Springfield, affecting matters of general City concern and not merely existing contractual rights of Grantee, now in effect or hereafter made effective. Nothing in this Agreement waives the requirements of the various codes, ordinances, resolutions, and administrative rules of the City regarding permits, fees to be paid, or the manner of construction. SECTION 3. COMPENSATION AND AUDITING A. Amount. As compensation for the benefits and privileges granted under this Agreement, and in consideration of permission to use the Public Right of Way of the City and City -owned Structures, Grantee will pay the following Fees to the City through the duration of this Agreement for the right to install, construct, repair, replace, maintain, and/or operate any Facilities within the Public Right of Way: POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 4 of 22 {00009735:1) fonb� n 1. _Right of. Way Useand Facility Rental Fee. Grantee shall pay as a Right of Way Use and Facility Rental Fee ("Use Fee") the sum of $620 per year per Structure Within the Public Right of Way that has any Attached Facilities as of the Payment Date (as defined hereinafter), without regard to whether such Structure is City - owned or is owned by another entity. If Grantee installs any Attached Facilities after the Payment Date, the amount of this portion of the Use Fee for that year shall be prorated at $51.66 per month for each month that the Attached Facilities were present. Grantee shall owe the Use Fee for the full month regardless of the day of the month that the Attached Facilities were installed. 2. The Use Fee in Section 3.A.1 may be increased as determined by City Council Resolution; provided, however, that the Use Fee may not exceed a reasonable approximation of the City's reasonable costs to manage and maintain the public right-of-way. Any increase adopted by Council will take effect immediately upon the date specified by Resolution. B. Previous Occupancy Fee. This fee applies only if Grantee has had any Facilities attached to Structures within the Public Right of Way prior to the effective date of this Agreement. In that case, Grantee will pay for such prior periods the applicable Fees as stated in Section 3.A.1 through 3.A.2. C. Remittance Dates. Grantee will pay the Use Fee annually, on or before the 45th day following the end of the previous calendar year. With each payment, Grantee must furnish a statement setting forth the amount and calculation of payment. D. Late Payments. Any payment not paid in full when due is subject to a delinquency charge of ten percent (10%) of the unpaid amount. Failure to make full payment and penalty charges within sixty (60) days of the applicable payment date constitutes a material breach of this Agreement. In addition, all overdue amounts, Including penalty charges, bears interest, until paid, at the rate of one and one-half percent (1.5%) per month commencing the 151h day after the payment was due. E. Acceptance of Payment. 1. No acceptance of any payment made by Grantee is an accord that the amount paid is, in fact, the correct amount, nor does any acceptance of payments release any claim that the City may have for further or additional sums payable. 2. No acceptance of payment of Fees under this Agreement exempts Grantee from the payment of any other license, tax, or surcharge on the business, occupation, property, or income of Grantee that may be lawfully imposed by the City or any other taxing authority, except as may otherwise be provided in the ordinance or laws imposing such other license fee, tax, or charge. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 5 of 22 n n 3. The City and its officers, agents, employees, and representatives has authority to arrange for and conduct reviews of Grantee's relevant financial obligations payable hereunder. The City may determine the scope of review in each instance. All amounts paid by Grantee are subject to review by the City, provided that such review is requested within three (3) years from the date payment was due. City requests to Grantee for review will be in writing. Grantee will provide or cause to be provided to the City, within the Eugene -Springfield metropolitan region and during normal business hours, copies of all information reasonably within the scope of the review within thirty (30) days from the date of the written request. If the City requests in writing that Grantee provide, or cause to be provided, copies of any information reasonably within the scope of the review, and Grantee fails within thirty (30) days of receipt of the request to provide, or cause to be provided, such information, then the three (3) year period will be extended by one day for each day or part thereof beyond thirty (30) days that Grantee fails to provide, or falls to cause to be provided, such requested information. F. Audit and Fee Review. The city may examine the books and records of the Grantee to verify the amounts due under this Agreement. The Grantee will maintain such books and records at a location within the state of Oregon and will provide them to the City when requested, at no expense to the City, within 30 days of a written demand from the City to examine the books and records. 1. In the event that an audit or review under this Section 3.F discloses an underpayment in the amount due to the City of less than five percent (5%), the amount of underpayment will be paid to the City immediately and accrues interest at the rate of one and one-half percent (1.5%) per month, commencing with the 15th day after Grantee is notified of the underpayment amount. 2. In the event that an audit or review under this Section 31 discloses an underpayment of more than five percent (5%), the city may impose a penalty of 10 percent of the additional amount due, plus costs of the audit, and interest at the rate of one and one-half percent (1.5%) per month, commencing with the 15th day after Grantee is notified of the underpayment amount. G. Holdover. Should Grantee continue to maintain and operate Facilities in the Public Right of Way beyond the expiration date of this Agreement as set forth in Section 2.C., this Agreement will revert to a month-to-month agreement subject to all the terms and conditions contained herein, except that the Fees due for the holdover period will increase to 150% of the amount of the Fees due as of the last Payment Date, prorated for each month of the holdover period. These Fees are due and payable within thirty (30) days of the end of each month of the holdover period. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 6 of 22 (00009735:1) H. City agrees that, as of the effective..date_of this Agreement and. for the.duration of this Agreement, the City will not impose rates or fees upon another entity subject to a Public Right of Way Use Agreement regarding Wireless Telecommunications Systems attached to Structures that are or will be more favorable to such entity than those imposed on Grantee under this Agreement. If City agrees to a rate or fee that is more favorable than those imposed on Grantee under this Agreement, then Grantee will be entitled under this Agreement to such rate or fee on and after such rate or fee becomes effective. SECTION 4. INSURANCE A. Insurance. 1. Grantee will maintain in force for the duration of this Agreement a Commercial General Liability insurance policy written on an occurrence basis per farm ISO CGL 00 01 or equivalent with limits of not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily Injury or property damage. Grantee Will maintain Automobile Liability (owned, non -owned and hired) insurance with limits not less than $1,000,000 per occurrence. The City, its employees, officials, and agents will be included as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this Agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of Grantee or the fault of Grantee's agents, representatives, or employees. This insurance Will be primary over any insurance the City may carry on its own. This insurance must Include a "separation of insureds" clause that states at minimum that the insurance applies (1) as if the City were the only insured, and (2) separately to each insured against whom a claim is made or suit is brought. 2. Grantee understands that the City is a public entity subject to the limitations and requirements of the Oregon Governmental Tort Claims Act, ORS 30.260 et seq. In the event that the City's financial obligations or liabilities are modified by any amendment to the liability limits imposed by the Oregon Governmental Tort Claims Act, Grantee agrees that the limits regarding liability insurance set forth in this Section 4 will be modified to conform to such limits. Grantee and City sign an amendment to this Agreement Incorporating such modification. 3. Grantee will provide evidence of the required insurance coverages Issued by an insurance company with an A.M. Best rating of at least A -VII by way of an ACORD 25 form approved by the City before any work or services commence. 4. There must not be any cancellation, material change, or non -renewal of insurance coverage(s) without thirty (30) days written notice from the Grantee or its insurer(s) to the City. Grantee will email said notice to the City of Springfield POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 7 of 22 I0000sn5u> n n Finance Director (finance0sorinafield-or.aov)-with a copy by mail to the Finance Director, City of Springfield, 22S Fifth Street, Springfield, OR 97477. Regardless of what circumstances caused Grantee's insurance coverage to cease or be modified, it is Grantee's responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification is grounds for immediate termination of this agreement.�� (Grantee initials). B. Self -Insurance. In lieu of any of the insurance policies required in Section 4.A.1, Grantee may provide proof of applicable self-insurance far any or all of the foregoing coverage requirements in an amount at least equal to the coverage requirements of Section 4.A.1. in a form acceptable to the City and subject to review and approval by the City. Grantee must provide proof of self-insurance to the City upon the Effective Date of this Agreement and prior to commencement of any work pursuant to this Agreement and thereafter upon request by the City. Alternately, if after the Effective Date of this Agreement, Grantee wishes to self - insure under this subsection, Grantee must provide proof of self-insurance to the City at least 30 days prior to the termination of Grantee's required insurance coverage under Section 4.A.1. Proof of self-insurance must be submitted in writing to the City by a person with the authority and knowledge to certify that the requirements of this Agreement are met with regard to Grantee's self- insurance. At minimum, the proof of insurance must demonstrate compliance with the following: a. Grantee uses an independent third -party administrator to manage all claims; b. Grantee or its affiliated parent maintains sufficient capital reserves to adequate self -insure the coverages required by this agreement, as approved by Ernst & Young or their successor auditing company; and c. Grantee provides detailed information to the City regarding how and where to file a claim. 2. In the event Grantee self -insures Its obligation to include City as an additional insured under Section 4.B.1, City will promptly and no later than thirty (30) days after notice thereof provide Grantee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Grantee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like. Except where provided otherwise by the terms of this Agreement, such claims will be governed by the terms and conditions in the most recent version of the ASO ISO CG 00 01 as of the date of the claim, with Grantee as the insurer. The POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 8 of 22 t00009735a1 City reserves the right to withdraw any claims, demands, or lawsuits from coverage under Grantee's self-insurance at any time except when withdrawal would prejudice Grantee. SECTION S. INDEMNIFICATION A. General Indemnification. Grantee must defend, indemnify and hold harmless City, its agents, servants, and employees from and against all liability or loss and against all claims, demands, and judgments (including attorney fees) made or recovered against them Including but not limited to damages to real or tangible personal property or for bodily injury or death to any person, arising out of or in connection with this Agreement, to the extent of such damage, Injury or death is caused or sustained In connection with the location of Grantee's Facilities or improvements in the public right of way or the performance of this agreement by the Grantee or its employees, servants, or agents, except to the extent the claim, demand or judgment is caused by the City's willful misconduct or negligence. B. Relocation Indemnification. Grantee must indemnify, defend, save, and hold harmless the City for any and all damages, claims, additional costs or expenses assessed against or payable by the City arising out of or resulting, directly or indirectly, from Grantee's failure to remove, adjust or relocate any of its Facilities in a timely manner in accordance with a relocation schedule furnished to Grantee by the City Engineer under this Agreement, except to the extent the damage, claim, additional cost or expense is caused by the City's willful misconduct or negligence. C. Indemnification — Hazardous Substances. Notwithstanding any other provision of this Agreement, Grantee must forever indemnify the City, its officers, agents and employees, from and against any claims, damages, losses, liabilities, costs and expenses of any kind whatsoever, whether direct or indirect, or pursuant to any state or federal law, statute, regulation or order, for the removal or remediation of any leaks, spills, contamination or residues of Hazardous Substances, associated with, arising from or due to Grantee's Facilities. SECTION 6. CONSTRUCTION, REPLACEMENT, REPAIRS, AND MAINTENANCE A. Permits. Grantee must apply for and obtain all permits necessary for the construction, Installation, and operation of its Facilities within the Public Right of Way, including but not limited to building permits as required and encroachment/placement permits for each Facility and for all maintenance or other work conducted by Grantee within the public right of way. Grantee must pay all applicable fees due for City permits in addition to any Fees required under this Agreement. All construction and maintenance of any and all Grantee's Facilities incidental to Grantee's provision of Wireless Telecommunications Services, regardless of who performs Installation and/or construction, are the responsibility of Grantee. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 9 of 22 {00009735:1} B. Installation of Equioment. Grantee's Facilities mustbe installed.and maintained in accordance with the laws of the State of Oregon, the Springfield Municipal Code, the Springfield Development Code, and the adopted Standard Construction Specifications of the City as then in effect. City will provide sixty (60) days' notice of changes to such Specifications, and such changes will not apply retroactively unless required _bylaw. . C. Facility and Structure standards. This subsection establishes standards for attaching Facilities to Structures in the Public Right of Way. 1. Grantee will comply with the requirements of the City's Wireless Telecommunications Systems code, SDC 4.3-145, when applicable. 2. Except where provided otherwise in this Agreement, Grantee will comply with all applicable requirements in the Springfield Municipal Code governing activities in the Public Right of Way, Including but not limited to SMC 3.208 through 3.222; SMC 3.224 through 3.234; and SMC 4.616, and will obtain all required encroachment/placement permits and building permits prior to commencing the construction, extension, or relocation of any of its Facilities in the Public Right of Way. 3. For the purpose of carrying out the provisions of Section 6, the City may provide such specifications relating thereto as may be reasonably necessary or convenient for the public health, safety, and welfare, or for the orderly development of the City. City will provide sixty (60) days' notice of changes to such specifications, and such changes will not apply retroactively unless required by law. The City may amend and add to such specifications from time to time. Grantee's Facilities and Structures will at all times comply with the adopted standards and specifications of the City as then in effect. 4. In the event that emergency repairs are necessary for Grantee's underground Facilities in the Public Right of Way, Grantee will immediately notify the City of the need for such repairs. Grantee may immediately Initiate such emergency repairs and must apply for all appropriate permits the next business day following discovery of the emergency. Grantee will comply with Section 6.G and all municipal code provisions relating to such excavations or construction, including the payment of permit fees. D. Locates. Grantee will comply with the requirements of the Oregon Utility Notification Law, codified at ORS 757.542 to 757.562 and 757.993 (2017), and the rules and regulations promulgated thereunder. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE SO of 22 500009735:11 n E. Record of Installations. 1. Within thirty (30) calendar days of the Effective Date of this Agreement, and thereafter annually on July 1, in the event any new Facilities are constructed or any existing Facilities are relocated, Grantee will provide to the City Engineer a list that Identifies the location of Grantee's Facilities within the Public Right of Way. For existing Facilities, the form will be filed within ten (10) calendar days of the Effective Date of this Agreement. For new Facilities, the form will be filed within ten (10) calendar days of the date the Facility is installed or placed in the Right of Way. 2. Within thirty (30) days following Grantee's acquisition of any Facilities within the Public Right of Way, or upon any addition or annexation to the City of any area in which Grantee retains any such Facilities in the Public Right of Way, Grantee will submit to the City a written statement describing all Facilities involved, whether authorized by agreement, license, permit or any other form of prior right, and specifying the location of all such Facilities. Facilities acquired by Grantee are immediately subject to the terms of this Agreement, but City will provide Grantee a reasonable period of time to bring such acquired Facilities Into compliance with this Agreement. For purposes of calculating any compensation owed pursuant to Section 3 of this Agreement, any such acquired Facilities will be treated as new installations and are subject to the Fees provided in Section 3.A from the date the acquisition or annexation becomes effective. 3. Radio frequency emission levels. Grantee's Facilities must be operated and maintained so that the Facilities are in compliance with all radio frequency emission standards specified by the Federal Communications Commission. F. Maps. Grantee will maintain maps and data pertaining to its Facilities that are subject to this Agreement on file at an office within Oregon, including but not limited to records regarding the radio frequencies used by Grantee's Facilities and records of all maintenance performed on Grantee's Facilities. The City may inspect all such maps and data pertaining to Grantee's Facilities at any time during regular business hours upon not less than seventy-two (72) hours prior notice. Upon written request of the City and without charge, Grantee must provide a map or maps Consistent with this Section to the City showing the locations as -built of its installed Wireless Telecommunication System within the Public Right of Way. Such as -built maps must be provided to the City within ten (10) calendar days of receipt of City's written request. Such as -built maps must be in a form acceptable to the City Engineer, with adequate vertical and horizontal control defining the specific location of Grantee's Facilities. Except as required by law, the City will not disclose or transmit any such as -built maps or related data to third parties unless permitted by Grantee. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE it of 22 (00009735:1) n n G. Restoration After Construction. Grantee must, after construction, Installation, maintenance, or repair of Facilities, leave any portion of Public Right of Way affected by Grantee's activities in as good or better condition in all respects as they were before the commencement of such construction, installation, maintenance, or repairs, excepting normal wear and tear. Grantee agrees to promptly complete restoration work and to promptly repair any damage caused by such work at its sole cost and expense. Except in an emergency, the Grantee will make no excavation, opening, or other intrusion into the public right of way without having first obtained any required building permits and an encroachment permit to perform any work in the Public Right of Way after the initial construction is concluded. If at any time the Grantee makes any opening, excavation, or other intrusion Into the Public Right of Way, other than the activities and associated construction specifically authorized by this Agreement and an approved encroachment/placement permit, the Grantee will promptly restore the Public Right of Way to the same condition in which it was prior to the opening, excavation, or intrusion, all in accordance with the City's adopted Standard Construction Specifications as then in effect. Should the Grantee fail to promptly make such restoration or fail to make such restoration in accordance with the City's Standard Construction Specifications, the City may, at its election, cause such restoration to be made. In such event, the Grantee will reimburse the City for the full cost of such restoration including 40% as overhead or $200.00, whichever is greater. H. Tree Pruning After obtaining a written permit from the City, Grantee may prune or cause to be pruned, using proper arboricultural practices in accordance with such permit, any tree in the Public Right of Way which substantially Interferes with Grantee's Facilities. I. Compliance with City Codes. Grantee agrees that It is subject to and must obtain all approvals required by all applicable City codes, ordinances, resolutions, and administrative rules, including the Springfield Municipal Cade and the Springfield Development Code. This Agreement in no way creates or vests property rights in Grantee; and Grantee hereby waives any claims for damages based on Grantee's use of the City's right of way related to limitations imposed on, or affirmative actions required of, Grantee through application of the City's codes, ordinances, resolutions, and administrative rules affecting. SECTION 7. RESERVATION OF CITY STREET RIGHTS A. Reservation of City Authority over Public Rights of Way. Nothing in this Agreement prevents the City from constructing, establishing, or relocating any public work or improvement, including but not limited to: widening streets; constructing sidewalks; grading; paving; repairing and/or altering any Public Right of Way; laying down, repairing or removing water lines; Installing, repairing or removing sanitary or storm sewer lines; installing, repairing, removing or relocating any electrical facilities; or POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 12 of 22 Iou009735:11 n ,-, repairing, removing or relocating any Structures: All such work must be done, insofar as practicable, to not obstruct, Injure or prevent the unrestricted use and operation of Grantee's Facilities within the Public Right of Way. However, if any of Grantee's Facilities interfere with the construction or repair of any Right of Way, City -owned Structures, or public improvement, Grantee's Facilities will be removed, relocated, or changed in the manner the City directs in accordance with Section 7.6. B. Relocation. 1. The City may require Grantee to temporarily or permanently remove, relocate, change or atter the position of any Facilities within the Public Right of Way at Grantee's sole expense within 60 days following written notice from the City that such removal, relocation, change or alteration is reasonably necessary for (1) the construction, repair, maintenance or installation of any City or other public improvement in or upon the Public Right of Way; (2) the operations of the City of other governmental entity in or upon the Public Right of Way; or (3) the vacation of a public street. 2. The City may require Grantee to temporarily or permanently remove, relocate, change, or alter the position of any Facilities within the Public Right of Way at Grantee's sale expense within 120 days following written notice from the City that such removal, relocation, change or alteration is not for the purposes specified in Section 7.B.1 above, but Is otherwise reasonably in the public interest. 3. The City may require Grantee to temporarily or permanently remove, relocate, change, or alter the position of any Facilities within the Public Right of Way within 120 days following written notice from the City that such removal or relocation is for the convenience or benefit of any private person or non- govemmental agency or instrumentality, provided that Grantee Is entitled to reimbursement for the reasonable cost thereof from such person, agency or instrumentality, to the extent permitted by law. 4. Should Grantee fail to remove, relocate, change, or alter any such Facilities by the date established by the City pursuant to written notice specified in Sections 7.13.1 through 7.13.3, the City may cause such to occur. Grantee will pay City for City's direct costs, including all expenses incurred by the City due to Grantee's delay or failure, plus 20 percent (20%) overhead or $200.00, whichever is more. If the City requires Grantee to relocate its Facilities located within the Public Right of Way, the City will make a reasonable effort to provide Grantee with alternate location(s) within the City's Public Right of Way for the relocated Facilities. S. The City retains the right and privilege to cut or move any Facilities as the City determines necessary, appropriate, or useful in response to any public health or POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 13 of 22 (00009735:1) n n safety emergency.- In he_eventof such emergency removal, City. is not liable to Grantee for any costs or damages to the Facilities. SECTION S. MAINTENANCE OF FACILITIES Grantee will construct, install, operate, and maintain all Facilities necessary to control and carry on Grantee's Wireless Telecommunications Services to prevent injury to the City's property or property belonging to any Person within the City. Grantee, solely at its own expense, will maintain, repair, renew, change, and Improve said Facilities from time to time as may be necessary to accomplish this purpose. Grantee will not construct its Wireless Telecommunications System in a manner that requires any customer, except the City, or any entity permitted by the City, to install cables, ducts, conduits, or other facilities, in, under or over the Public Right of Way. For the purpose of carrying out the provisions of this section, the City may provide such specifications relating thereto as may be necessary or convenient for public safety or the orderly development of the City. The City may amend and add to such specifications from time to time. City will provide sixty (60) days' notice of changes to such specifications, and such changes will not apply retroactively unless required by law. Grantee will obtain all necessary required permits and approvals prior to performing any construction, installation, or maintenance work on Grantee's Facilities within the Public Right of Way. SECTION 9. DISCONTINUED USE OF FACILITIES Whenever Grantee intends to discontinue use of any of its Facilities and does not intend to use said Facilities again for six (6) months or more, Grantee must submit to the City for approval a completed application describing the Facility and the date on which Grantee intends to discontinue using the Facility. Grantee must remove the Facility at Grantee's sole expense. Any such removal will be directed by, and performed to the satisfaction of, the Development and Public Works Director. Until such time as Grantee removes the Facility as directed by the Development and Public Works Director, or until the rights to and responsibility for the Facility are accepted by another person having authority to construct and maintain such Facility, Grantee is responsible for all necessary repairs and relocations of the Facility, as well as maintenance and restoration of the Public Right of Way, in the same manner and degree as if the Facility were in active use, and Grantee retains all liability for such Facility. SECTION 10. HAZARDOUS SUBSTANCES. A. Compliance with Applicable law. Grantee must comply with all applicable local, state, and federal laws, statutes, regulations, and orders concerning Hazardous Substances relating to its Wireless Telecommunications System or Facilities in the Public Right of Way. B. Maintenance, Inspection, and Remediation. Grantee will maintain and Inspect its Wireless Telecommunications System and Facilities. If Grantee discovers any POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 14 of 22 (00009735:1) Hazardous Substances:that require. removal or remediation in the.murseof Grantee's work on its Wireless Telecommunications System or Facilities, Grantee must provide a written report of the discovery to the City within two (2) business days of the discovery. Grantee must immediately proceed to remove and remediate, In accordance with all applicable local, state, and federal laws, any Hazardous Substances in the Public Right of Way directly attributable to or caused by Grantee's Wireless Telecommunications System or Facilities or the acts or omissions of Grantee. Nothing in this Agreement transfers or is intended to transfer any liability to the City for removal or remediation of any such Hazardous Substances found in the Public Right of Way. C. Construction, Modification, or Removal of Facilities. In the course of construction, installation, modification, or removal of any of its Facilities, to the extent necessary to safely proceed with such work, Grantee must remove and remediate Hazardous Substances encountered in the course of its activities in accordance with, and only to the extent required by, all applicable local, state, and federal laws, statutes, regulations, and orders. Grantee may seek to recover its costs for such removal and disposal from all legally responsible third parties. SECTION 11. ASSIGNMENT This agreement shall not be assigned or transferred by Grantee, except by written consent of the City upon such conditions that the City deems appropriate. Any attempted assignment or transfer by Grantee without written consent by the City shall not be binding upon City. Notwithstanding the foregoing, either party may assign its rights and obligations to an affiliate without consent upon 30 days' notice. For the purposes of this section, an "affiliate" is any entity that controls, is controlled by, or is under common control with assigning party. SECTION 12. FORFEITURE AND REMEDIES A. Forfeiture. In addition to any other rights set out elsewhere in this Agreement, the City reserves the right to declare a Default in the event that any of the following occur: 1. Grantee breaches any material provision of this Agreement. For the purposes of this Section, the following are a breach of a material provision of this Agreement: a. Grantee's failure to pay to the City any of the Fees required under this Agreement. b. The invalidation or any suspension of Grantee's payments of Fees to the City under this Agreement; POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 15 of 22 500009735:1) c. Any failure by Grantee-tosubmittimely reports regarding the calculation of Its Fees to be paid to the City under Section 3 of this Agreement; d. Any failure by Grantee to maintain the liability insurance required under this Agreement; or e. Any failure by Grantee to otherwise fully comply with the requirements of Sections 3 through and including Section 14 of this Agreement. 2. Grantee is found by a court of competent jurisdiction to have perpetrated or practiced any fraud or deceit upon the City. 3. There is a final determination that Grantee has failed, refused, neglected or is otherwise unable to obtain and/or maintain any permit required by the City, or by any federal or state regulatory body regarding Grantee's operation of its Wireless Telecommunications System within the City. B. Remedies. Subject to Subsection 12.E regarding cure, in the event of a Default by Grantee, the City may terminate Grantee's rights pertaining to the Facilities to which the default relates. In the event of a Default which pertains to all Facilities, the City may terminate this agreement. C. Additional Remedies. All remedies and penalties under this Agreement, including termination of the Agreement, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other.such remedy or penalty. The remedies and penalties contained in this Agreement, including termination of the Agreement, are not exclusive, and the City reserves the right to enforce the provisions of any ordinance or resolution and to avail itself of any and all remedies available at law or in equity. The City's failure to enforce any provision of this Agreement does not waive the breach of any term, condition, or obligation imposed upon the Grantee by or pursuant to this Agreement. A specific waiver of a particular breach of any term, condition or obligation imposed upon the Grantee by or pursuant to this Agreement does not waive any other or subsequent or future breach of the same or of any other term, condition, or obligation, nor does it waive the term, condition, or obligation itself. In addition, the City reserves the right at its sole option to apply any of the following, alone or in combination: 1. Suspend Grantee's rights under this Agreement with respect to the Facilities to which the default relates, until Grantee corrects or otherwise remedies the violation; or 2. Terminate this Agreement if any provision of the Agreement becomes invalid or unenforceable, and the City or Grantee expressly finds that such provision POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 16 of 22 {00009135:1) constituted a consideration material to the Agreement. Alternately, the parties may mutually agree to renegotiate the terms of this Agreement as provided in Subsection 14.Q. D. Determination of Remedy. In determining which remedy or remedies are appropriate, the City will consider the nature of the violation, the person or persons burdened by the violation, the nature of the remedy required in order to prevent further similar violations, and any other matters the City deems appropriate In its sole reasonable discretion. E. Notice and Opportunity to Cure. The City will give Grantee not less than thirty (30) day's prior written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If Grantee cures the stated reason within the thirty (30) day notice period, or if Grantee initiates efforts satisfactory to the City (in its sole discretion) to remedy the stated reason and those efforts continue in good faith, the City will not exercise its remedy rights. If Grantee fails to cure the stated reason within the thirty (30) day notice period, or if Grantee does not undertake and/or maintain efforts satisfactory to the City to remedy the stated reason, then the City may impose any or all of the remedies available under this Section 12. F. Removal uoon Termination or Forfeiture. If this Agreement is terminated or expires on its own terms and is not replaced by a new Agreement or similar authorization, or If the City determines than any of Grantees rights to place Its Facilities within the Public Right of Way or to attach its Facilities to a City -owned Structure are forfeited under Section 12.A, Grantee will remove its Facilities per Section 9 of this Agreement. SECTION 13. DISPUTE RESOLUTION A. Good Faith Participation. Prior to the initiation of any litigation, the Parties may attempt in good faith to settle any dispute arising out of or relating to this Agreement through the non-binding mediation processes set forth herein. Good faith participation in this process is a condition precedent to any litigation. All negotiations pursuant to this Article will be confidential and will be treated as compromise and settlement negotiations for purposes of ORS 40.190 (OR R Rev 408) and the Federal Rules of Evidence Rule 408. B. Non-binding Mediation. Either Party may give the other Party written notice of any dispute not resolved in the normal course of business. Representatives of the parties will meet within (14) business days after receipt of such notice at a mutually acceptable time and place and thereafter as often as both parties deem necessary to exchange relevant information and attempt to resolve the dispute. If the matter has not been resolved within thirty (30) business days of receipt of the disputing Party's notice, or if the Parties fail to meet within fourteen (14) business days, either Party may initiate non-binding mediation. Such mediation shall take place at a mutually POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 17 of 22 (00009735:1) n agreeable location. In the event that such dispute isnot resolved within sixty (60) calendar days following the first day of mediation, either Party may initiate litigation consistent with Section 14.E of this Agreement. C. Enforcement. The parties regard the aforesaid obligation mediate In good faith is an essential and material provision of this Agreement and one that is legally binding upon them. In case of a violation of such obligation by either Party, the other may seek specific enforcement of such obligation in the courts having jurisdiction hereunder. SECTION 14. MISCELLANEOUS A. Compliance with Laws, 1. Both Grantee and the City will comply with all applicable federal and state laws. 2. Subject to Subsection 6.I, Grantee will comply with all applicable City ordinances, resolutions, rules, and regulations adopted or established pursuant to the City's lawful authority. B. Severability. If any provision in this Agreement is held invalid, Illegal, or unenforceable, such provision will be severed and inoperative, but the remaining provisions in this Agreement not held invalid, Illegal, or unenforceable remain operative and binding. C. Regulation and Nonenforcement by the City. The City is vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Agreement in the public interest. Grantee Is not relieved of its obligations to comply with any of the provisions of this Agreement by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Agreement by reason of such failure or neglect. D. Force Maieure. 1. For purposes of this Section 14.D., the term Force Majeure means acts of God, landslides, earthquakes, lightning, fires, hurricanes, volcanic activity, storms, Floods, washouts, droughts, civil disturbances, acts of terrorism or of the public enemy, strikes, explosions, lockouts or other industrial disturbances, insurrections, public riots, or other similar events which are not reasonably within the control of the Parties hereto. 2. If Grantee is wholly or partially unable to carry out its obligations under this Agreement as a result of Force Majeure, Grantee will give the City prompt notice of such Force Majeure, describing the same in reasonable detail. For the duration of the Force Majeure, Grantee is relieved of its obligations under this POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 1S of 22 {00009735:11 Agreement, other than the. payment of.monies due. Grantee agrees to use its best efforts to remedy as soon as possible, under the circumstances, Grantee's inability, by reason of Force Majeure, to carry out its responsibility and duties under this Agreement. E. Venue and Choice of Law. 1. Exclusive venue for litigation of any action arising under this Agreement lies in the Circuit Court of the State of Oregon for Lane County, unless exclusive jurisdiction is in federal court, in which case exclusive venue lies in the United States District Court for the District of Oregon. Each Party hereto expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other Party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 2. This Agreement is governed by and will be construed in accordance with the laws of the State of Oregon, even if Oregon's choice of law rules would otherwise require application of the law of a different state. F. Notice. Whenever notice is required or permitted to be given under this Agreement (except for notice regarding change in insurance required under Section 4.A.4), such notice must be given in writing to the other Party by: (a) personal delivery; (b) sending via a reputable commercial overnight courier; or (c) mailing using registered or certified United States mail, return receipt requested, postage prepaid: CITY: Director of Development and Public Works City of Springfield 225 Fifth Street Springfield, OR 97477 With a copy to: City Attorney's Office City of Springfield 225 Fifth Street Springfield, OR 97477 GRANTEE: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: City of Springfield Pole Attachment and Public Right of Way Use Agreement (OR) 575 Morosgo Drive NE Suite 13-F West Tower Atlanta, GA 30324 POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 19 of 22 {DM73s:1) n n With a copy to:_ New Cingular Wireless PCS, LLC Re: City of Springfield Pole Attachment and Public Right of Way Use Agreement (OR) AT&T Legal Department — Network 208 S. Akard Street Dallas, TX 75202-4206 Any such notice or communication delivered by personal delivery is deemed given upon actual receipt. Any notice sent by overnight courier or by United States mail is deemed given four (4) calendar days after dispatch or mailing. G. Public Records. Documents and records submitted by Grantee to the City may be subject to public inspection under the Oregon Public Records Law, ORS 192.410 through 192.505. Grantee acknowledges It is responsible for becoming familiar with the provisions of the Oregon Public Records Law. H. Confidential Records. Grantee may identify information submitted to the City as confidential. Prior to submitting such information to the City, Grantee must prominently mark in conspicuous letters any information with the word "Confidential" on every page. The City will treat any information so marked as confidential and not subject to public disclosure until the City receives any public records request for disclosure of such Information. The City will provide Grantee with written notice of the request, including a copy of the request. Grantee will have ten (10) working days within which to provide a written response to the City, before the City may disclose any of the requested confidential information. Whether Grantee submits any written response to the City, the City retains the final discretion, to determine whether to release the requested confidential information. Grantee does not waive any of Its rights to seek a protective order from a court of competent jurisdiction restraining the City from disclosing such information. I. Amendments. This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. ]. Interference. Grantee will, at its expense, comply with all Federal Communications Commission Radio Frequency requirements in connection with the use, operation, maintenance, construction and/or installation of its Facilities. If it is determined by the City that Grantee's transmission facilities are negatively impacting the City's communication facilities, Grantee agrees to cooperate with the City in addressing the negative impact. Grantee agrees io temporarily shut off power and transmission to and from the transmission facility that is causing a problem until the problem is resolved, provided that the City agrees to cooperate with and assist Grantee in installing a temporary replacement facility so as to avoid disruption of Grantee's service. POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 20 of 22 {00009735:1} K. In the event of expiration of this Agreement under Section 2.0 or forfeiture, termination, or revocation pursuant to Section 12, all indemnity rights, audit rights and confidentiality obligations survive for a period of three (3) additional years. following the date of termination or forfeiture. L. Grantee is responsible for obtaining all other necessary approvals, authorizations, and agreements to attach Facilities to Structures owned or controlled by any third - party. Grantee acknowledges and agrees that the City is making no representation, warranty, or covenant whether any of the foregoing approvals, authorizations or agreements are required or may be obtained by Grantee from any other Person. M. FAA/FCC Compliance. Grantee acknowledges that Grantee, and not the City, is responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration (the FAA) or the Federal Communications Commission (the FCC). Grantee will indemnify and hold the City harmless from any fines or other liabilities caused by Grantee's failure to comply with such requirements. Should Grantee or the City be cited by either the FAA or the FCC because Grantee's Facilities or System are not in compliance and should Grantee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Agreement immediately on notice to Grantee or proceed to cure the conditions of noncompliance at Grantee's sole expense. N. Nondiscrimination. Grantee agrees that no person will, on the grounds of race, religion, color, creed, national origin, sex, marital status, familial status, sexual orientation, gender identity, source of income, age or physical or mental disability suffer discrimination in the performance of this Agreement when employed by Grantee. Grantee agrees to comply with all applicable requirements of state and federal civil rights and rehabilitation statutes, rules, and regulations. Further Grantee agrees not to discriminate against minority-owned, women -owned, or emerging small businesses in awarding subcontracts as required by ORS 279A.110. 0. Captions. Throughout this Agreement, captions to sections are intended solely to facilitate reading and to reference the sections and provisions of this Agreement. The captions do not affect the meaning and interpretation of this Agreement. P. Complete Agreement. This Agreement represents the whole agreement between the parties and supersedes all other agreements and understandings, whether oral or in writing, between the parties with respect to the subjects covered by this agreement. This Agreement may not be modified except by a writing executed by both parties to the Agreement. Q. Renegotiation. In the event that any provision of this Agreement becomes invalid or unenforceable and the City or Grantee expressly finds that such provision POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 21 of 22 n FAR constituted a consideration material to entering into this Agreement, or in the event that the Federal Communication Commission rules regarding fees for use of public rights-of-way are amended, reversed, repealed, or nullified, the City and Grantee may mutually agree to renegotiate the terms of this Agreement The Party seeking renegotiation shall serve on the other Party written notice of an offer to renegotiate. In the event the other Party accepts the offer t0 renegotiate, the Parties shall have ninety (90) days to conduct and complete the renegotiation. If both Parties agree to renegotiations under this Section, the Parties shall proceed in good faith and in a manner that is reasonable under the circumstances. SECTION 15. OTHER AUTHORITY SUPERSEDED: Upon the Effective Date of this Agreement, any and all authority to operate within the Public Right of Way previously granted to Grantee by the City is superseded by this Agreement. IN WITNESS WHEREOF the Parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF SPRINGFIELD, OREGON By: A� Gino Grimaldi, City Manager Dated: REVIEWED & APPROVED O R / DATE: OFFICE OF CITY ATTORNEY loviewed v City Contract fifth GRANTEE NEW CINGULAR WIRELESS PCS, LLC BY: AT&T MOBILITY CORPORATION ITS MANA R By: — Wayne Wooten, Director Dated: /2^21- Is POLE ATTACHMENT AND PUBLIC RIGHT OF WAY USE AGREEMENT PAGE 22 of 22 {00009735:1} oco 42 (kkkkkk -M� M■ !{«` of „ \Z \\\\;@\ 7 )| )\; A �\\ !{«` of „ \Z \\\\;@\ 7 )| [ § \ r\ EO {\ L a E 0 a n M r m Q r � v 1•i r `T, d 'U O do £n o. 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