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HomeMy WebLinkAboutApplication APPLICANT 4/20/2023City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 SPRINGFIELD W #A/ Low Visibility, Stealth and Small Wireless Telecommunication Facilities - Minimum Development Standards - Type 1 Required Project Information (Applicant: complete this section) Applicant Name: New Cingular Wireless PCS, LLC Phone: ($02)777-3358 New lingular Wireless P6, LLC by its agent Crown Castle USA Inc, Emilie@gmanxworkservices.wm Company:byitsagentGMANetworkservices,LLC E-mail: Address: 1505 Westlake Ave N, Suite 800, Seattle WA 98109 Applicant's Rep.: Emilie Deschamps Phone: (802)777-3358 Com pan ;GMANetwork5ervices,LLC E-mail: Emilie@GMAnetworkservices.com Address: 590 -1st Ave S, #705, Seattle, WA 98104 Property Owner: Warren Howard Partnership Phone: Company: E-mail: Address: 14855 SE 82nd Dr. Clackamas, OR 97015 ASSESSOR'S MAP NO: 1703254100102 TAX LOT NOS : 102 Property Address: 2656 Olympic St, Springfield, OR 97478 Nearest Olympic St&N 28th St Intersection : ROW ❑ Private Propertyx❑ Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Please see attached project description. Existing Use: Existing Wireless Communication Facility Si natures: Please si n and rint our name and date in the a ro riate box on the next a e. Associated Permits 811-23-000077-TYP1 Case No.: Date: 104/20/2023= Reviewed b. Liz M 0 1299 A $ lication Fee: 64.95 Technical Fee: Posta a Fee: $0 TOTAL FEES: $ 1363.95 PROJECT NUMBER: Revised 5/21/13 KL 1 of 14 Signatures Owner: The undersigned acknowledges that the information in this application is correct and accurate. agent for Crown Castle USA Inc, Emilie Deschamps agent for Applicant Date: 4/12/23 Signature Emilie Deschamps Print If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. See attached Lease and Agent Authorization Signature Print Date: I certify that I prepared the attached plot plan and that it contains the information specified in the submit 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 plot 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 Print • Please See Attachment A to this application for general standards applicable to all Type 1 Wireless Telecommunications Facilities Review, and Attachment B for standards specifically related to small wireless facilities located within the public right of way. Revisec 5121/13 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: L 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 x❑ 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 WTS 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 WTS facility. C. Co -Location. An engineer's analysis/report of the recommended site location area is required for a proposed WTS 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; ii. 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 V. 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 4.3-14S 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 WTS 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.5. 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 TypesAllowed 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 Low visibility General Office Stealth Low Density Residential 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 S. 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. 15. 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. Fagade-Mounted Antenna. Fagade-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. Fagade-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: 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. C. 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 Revised 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. ii. 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. S. 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 CASTLE CROWN 1505 WestlakeAveNSuite800 phone (208)3CC 384382 Seattle, WA 98109 Attacl3333e33t "B„ Proposed Scope of Work for Dislr Wireless 2656 Olympic St, Springfield, OR 97478 PROJECT DESCRIPTION THE PURPOSE OF THIS PROJECT IS TO PROPOSE AN ANTENNA MODIFICATION ON AN EXISTING WIRELESS SITE. TOWER SCOPE OF WORK • REMOVE (6) ANTENNAS • REMOVE (9) RRHB • REMOVE EXISTING PLATFORM • INSTALL (3) ANTENNAS • INSTALL (6) STACKED C -BAND ANTENNAS • INSTALL (3) NOKIA- FPKA BRACKETS • INSTALL (6) RRHS • INSTALL (1) STTEPROI - PIP -12-14I0 PLATFORM • INSTALL (1) STTEPROI - FIP-I IRK12 RAIL KIT • INSTALL (3) STTEPROI - SAMA" MAST • INSTALL (6) SITEPROI-DCPXXK PIPE TO PIPE MOUNTS GROUND SCOPE OFWORK • REMOVE (1) ABI. & (1) ASIK • INSTALL (1) ASIL & (3) ABIO NOTE: • 190' CRANE NEEDED The Foundation for a Wireless World CrownCastle.com 4/12/2023 RE: Crown Castle USA, Inc. — PNW Subject: GMA Networks Services, LLC —Authorized Consultant for Crown Castle Dear Reviewing Parties: This letter serves to notify you that Crown Castle has retained the services of GMA Network Services, LLC as approved agent to submit application for and obtain local jurisdiction approvals including but not limited to zoning and building permits. This includes applicable permitting for any and all customers seeking to install or modify their equipment on Crown Castle towers. Please feel free to contact me directly with any questions. Thank you for your expeditious processing of applications filed by GMA Network Services, LLC. Sincerely, Sarah Baird Site Acquisition Specialist Crown Castle USA, Inc. Sarah.Baird@crowncastle.com (206)336-3204 • 0 RECORDING COVER SHEET AFTER RECORDING RETURN TO: THIS SPACE RESERVED FOR COUA'TY RECORDIA'G USE QVLY 1) NAME OF THE TRANSACTION: Memorandum of Fourth Amendment to PCS Site Agreement 2) PARTIES: Lessor: WIMBERLY M. WARREN, as to an undivided 50% interest, and KEVIN HOWARD, as to an undivided 50% interest Lessee: STC FIVE LLC, a Delaware limited liability company 3) TRUE and ACTUAL CONSIDERATION (if any): Not applicable 4) ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: Not applicable 5) PRIOR RECORDED DOCUMENTS: June 10, 1997 at #9739395 6) ACCOUNT NO.: 1459724 MAP TAX LOT: 1703254100102 Site Name Sp infield I Business Unite 979543 V 8y: (Initials)i4_L De!'_G�%�IS-5IILDoc Type BUN 6 45 43 Leasellic 1 ci 3d H d MEMORANDUM OF FOURTH AMENDMENT TO PCS SITE AGREEMENT This Memorandum of Fourth Amendment to PCS Site Agreement is made effective this day of TU r, 2012 by and between WIMBERLY M. WARREN, as to an undivided 50% interest, and KEVIN HOWARD, as to an undivided 50% interest (hereinafter collectively referred to as "Lessor") and STC FIVE LLC, a Delaware limited liability company, by and through its Attorney In Fact, Global Signal Acquisitions II LLC, a Delaware limited liability company (hereinafter referred to as "Lessee"). 1. Warren/Howard Partnership No. 3 ("Original Lessor") and Sprint Spectrum L.P. ("Original Lessee") entered into a PCS Site Agreement dated April 11, 1996, a memorandum of which was recorded on June 10, 1997 at Instrument No. 9739395 (the "Original Agreement") whereby Original Lessee leased certain real property, together with access and utility easements, located in Lane County, Oregon from Original Lessor (the "Site"), all located within certain real property owned by Original Lessor ("Lessor's Property"). Lessor's Property, of which the Site is a part, is more particularly described on Exhibit A attached hereto. 2. The Original Agreement was amended by that certain Amendment to PCS Site Agreement dated March 10, 2000 ("First Amendment"), by that certain Amendment to PCS Site Agreement dated November 26, 2001 ("Second Amendment"), and by that certain mislabled First Amendment to PCS Site Agreement dated March 2, 2005 ("Third Amendment") (hereinafter the Original Agreement and all subsequent amendments are collectively referred to as the "Agreement'). 3. Wimberly M. Warren and Kevin Howard are the Lessor under the Agreement as the current owners of Lessor's Property. 4. STC Five LLC is currently the Lessee under the Agreement as successor in interest to the Original Lessee. Site Neer Springfield 2 Business Unit 879543 0 0 5. The Agreement had an initial term that commenced on April 11, 1996 and expired on April 10, 2001. The Agreement provides for four extensions of five years each, the first three of which were exercised by Lessee (each extension is referred to as a "Renewal Term"). According to the Agreement, the final extension expires April 10, 2021, 6. Lessor and Lessee have entered into a Fourth Amendment to PCS Site Agreement (the "Fourth Amendment"), of which this is a Memorandum, providing for six additional Renewal Terms of five years each. Pursuant to the Fourth Amendment, the final Renewal Term expires on April 10, 2051. By the Fourth Amendment, Lessor granted to Lessee the right of first refusal to purchase all, or a portion, of the Lessor's Property, under the following terms: If Lessor receives an offer from any person or entity that owns towers or other wireless telecommunications facilities (or is in the business of acquiring Lessor's interest in the Agreement) to purchase fee title, an easement, a lease, a license, or any other interest in the Site, or Lessor's interest in the Site, or an option for any of the foregoing, Lessor shall provide written notice to Lessee of said offer, and Lessee shall have a right of first refusal to acquire such interest on the same terms and conditions. If Lessor's notice covers portions of Lessor's Property beyond the Site, Lessee may elect to acquire an interest in only the Site, Bud the consideration shall be pro -rated on an acreage basis. Lessor's notice shall include the prospective buyer's name, the purchase price and/or other consideration being offered, the other terms and conditions of the offer, the due diligence period, the proposed closing date and, if a portion of Lessor's Property is to be sold, leased or otherwise conveyed, a description of said portion. If the Lessor's notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence period shall be extended to be sixty (60) days from exercise of the right of first refusal Bud closing shall occur no earlier than fifteen days thereafter. If Lessee does not exercise its right of first refusal by written notice to Lessor given within thirty (30) days, Lessor may convey the property as described in the Lessor's notice. If Lessee declines to exercise its right of first refusal, then the Agreement shall continue in full force and effect and Lessee's right of first refusal shall survive any such conveyance. Lessee shall have the right, at its sole discretion, to assign the fight of first refusal to any person or entity, either separate from an assignment of the Agreement or as part of an assignment of the Agreement. Such assignment may occur either prior to or after Lessee's receipt of Lessor's notice and the assignment shall be effective upon written notice to Lessor. Site Name Springfield Business Unit 879543 0 8. If requested by Lessee, Lessor will execute, at Lessee's sole cost and expense, all documents required by any governmental authority in connection with any development of, or construction on, the Site, including documents necessary to petition the appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary by Lessee in Lessee's absolute discretion to utilize the Site for the purpose of constructing, maintaining and operating communications facilities, including without limitation, tower structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses incidental thereto. Lessor agrees to be named applicant if requested by Lessee. In furtherance of the foregoing, Lessor hereby appoints Lessee as Lessor's attorney-in-fact to execute all land use applications, permits, licenses and other approvals on Lessor's behalf. Lessor shall be entitled to no further consideration with respect to any of the foregoing matters. 9. The terms, covenants and provisions of the Fourth Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. 10. This Memorandum does not contain the social security number of any person. 11. A copy of the Fourth Amendment is on file with Lessor and Lessee. [Execution Pages Follow] Site Name Springfield 4 Business Unit 879543 0 0 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessor and Lessee have caused this Memorandum to be duly executed on the day and year first written above. STATE OF COUNTY OF LESSOR: BY: WIMBERLY M. WARREN, as to an undivided 50% interest On this day of 2012, before me, the subscriber, a Notary Public in and for said State and County, personally WIMBERLY M. WARREN, known or identified to me to be the person whose name is subscribed to the foregoing Memorandum of Fourth Amendment to PCS Site Agreement, and in due form of law acknowledged that he/she signed this instrument as his/her free and voluntary act for the uses and purposes mentioned in this instrument. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. (Signature of Notary) My Commission Expires: Site Name Springfield Business Unit# 879543 LESSOR: By: KEVIN HOWARD, as to an undivided 50% interest STATE OF COUNTY OF On this day of 2012, before me, the subscriber, a Notary Public in and for said State and County, personally appeared KEVIN HOWARD, known or identified to me to be the person whose name is subscribed to the foregoing Memorandum of Fourth Amendment to PCS Site Agreement, and in due form of law acknowledged that he/she signed this instrument as his/her free and voluntary act for the uses and purposes mentioned in this instrument. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. (Signature of Notary) My Commission Expires: Site Name Springfield aus�ncss❑nit4 879543 • a LESSEE: STC FIVE LLC, a Delaware limited liability company By: Global Signal Acquisitions II LLC, a Delaware limited liability company Its: Attorney In Fact Print NameLibel M. �%=Ulrvv r. STATE OF eX4l5 ) )ss COUNTY OF Hlrr6 ) On this 8 day of b * 2r 2012,b f, , the su¢¢scriber, a Notary Public in and for said State and County, personally, appeared 1 & .,SQ QQW1'rk the Er u— of GLOBAL SIGNAL ACQUIS4tIONS II LLC, known or identified to me to be t I person whose name is subscribed to the foregoing Memorandum of Fourth Amendment to PCS Site Agreement, and in due form of law acknowledged that he/she is authorized on behalf of said company to execute all documents pertaining hereto and acknowledged to me that he/she executed the same as his/her voluntary act and deed on behalf of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. KARINA ANGULO V public, $tote 01 texas Commission Expires atemEer 19. 2016 (Signature of Notary) My Commission Expires: Site Name Springfield Business Unit 879543 0 • EXHIBIT A (Legal Description of Lessor's Property) Situated in the City of Springfield, Lane County, State of Oregon in the Northeast Quarter of the Southeast Quarter of Section 25, Township 17 South, Range 3 West of the Willamette Meridian, and described as follows: Being a portion of Lots 3 and 4 of the subdivision plat of SOUTHERN PACIFIC INDUSTRIAL PARK NO. 1, as platted and recorded in Book 67 at Page 23 in Lane County Oregon Plat Records, Lane County, Oregon, said portion being more particularly described as follwos: Commencing at the Southeast corner of said Lot 4; thence North 88°03'30" West 253.20 feet along the South line of said Lot 4 to the TRUE POINT OF BEGINNING; thence leaving said True Ponit of Beginning and continuing along said South line of Lot 4 and the North line of the Lands described in the deed to Lome and Marsha Morse recorded August 4, 1994 in Reel 1980, Reception No. 9457034 Official records for Lane County, Oregon; North 88°03'30" West 284.83 feet to the Nrothwest comer of last said lands; thence leaving said line and comer North 01 054'01" East 172.04 feet in a direction line to the Westerly terminus of that certain general Easterly of line of said lands described in the deed to Warren/Howard Partnership #3, having a bearing and distance of North 88003'30" West 538.00 feet; thence South 88003'30" East 284.80 feet along said general Easterly line to the Northerly terminus of that certain general Easterly line of the aforesaid lands deed to Cameron J. Warren and Kevin Howard (Rec. No. 9121896) having a bearing and distance of North 01053'25" East 172.04 feet; thence South 01'53'25" West 172.04 feet along last said line returning to the True Point of Beginning. Site Name Spnngfield Business Unit 879543 F0 a 3A,c--v6 r +r; IN WITNESS RECORDED AT THE REQUEST OF AND 12 (tj WHEN RECORDED, RETURN TO: 0 Sprint Sites USA 4457 Willow Road, Suite 202 Pleasanton, California 94588 Attn: Property Specialist -------------------------------------Space above this line for County MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this ZG day of ye.�dtl 2001, by and between Wimberly M. Warren as to an undivided 50% interest and Kevin Howard as to an undivided 50% interest, as tenants in common, with an address of 12033 SE Mark Street, Portland, OR 97220 (hereinafter referred to as "OWNER"), and Sprint Spectrum Realty Company, L.P., a Delaware limited partnership, with an office at 4457 Willow Road, Suite 202, Pleasanton, California 94588 (hereinafter referred to as "SSLP"). 1. Owner, or Owner's predecessor(s) in interest, and Sprint Spectrum Realty Company, L.P. (SSLP's predecessor in interest and hereinafter referred to as "Lessee") entered Into a PCS Site Agreement ("Agreement") on April 11, 1996, for the purpose of installing, removing, replacing, maintaining and operating a personal communications service system facility. All of the terms and conditions of the Agreement are incorporated herein by reference. 2. SSLP is now the owner and holder of all of the Lessee's rights to the Agreement. 3. The term of the Agreement P'Initial Term") is five (5) years, commencing on a date ("Commencement Date') as defined in the Agreement and automatically renews for four (4) additional terms (each "Renewal Term") of five (5) years each pursuant to certain terms and conditions contained in the Agreement. 4. The Agreement has been modified by the following subsequent instruments: a. March 10, 2000 b./d..r 7+-16, 2001 5. The Parcel which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Parcel which is effected by the Agreement, as modified, (the "Site") is described or depleted in Exhibit S annexed hereto and may include certain additional easements, rights and appurtenances. 6. In the event of any inconsistency between this Memorandum and the Agreement, as modified, the Agreement shall control. 7. This Memorandum and the Agreement, as modified, shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns. SIGNATURES TO FOLLOW sgm0'ma.sootxcoer + WV2001 WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. OWNER: Wimberty M. Warren as to an undivided 50% interest and Kevin Howard as to an undivided 50% interest, as tenants in common By: Title: Date: By: Title: VrN� ozJr� nat.- If—`3-51 SpnngficW 3XCo97 LESSEE: Sprint Spectrum Realty Company, L.P., a Delaware limited partnership 2 EXHIBIT A DESCRIPTION OF LAND This Exhibit "A" is attached to and made a part of that certain Memorandum of Agreement entered into on TifiSv �.`o.-- , 2001, by and between Wimberly M. Warren as to an undivided 50% interest and Kevin Howard as to an undivided 50% interest, as tenants in common , as "OWNER" and Sprint Spectrum Realty Company, L.P., a Delaware limited liability company as "SSLP". All that real property situated In the City of Springfield, County of Lane, State of Oregon and is more particularly described as follows: Commencing at the Southeast comer of said Lot 3, said point also being on the Northerly margin of Olympic Street; thence leaving said point of commencement, North 88°03'30" West 106.53 feel, along said Northerly margin to the Southwest corner of that tract described in Deed to Lorne Morse, at at, recorded August 4, 1994, Reception No. 94-57034, said Official Records, said Southwest corner being the True Point of Beginning; thence leaving said True Point of Beginning, North 01°53'25" Past 187.96 feet, along the West line of said lands of Morse to the Northwest comer thereof; thence leaving said West line, North 01°54'1" East 172.04 feet, in a direct line, to the West terminus of that certain Easterly line of the lands described in Deed to Waren/Howard Partnership #3, having a bearing and distance of North 88"03.30" West 538.00 feet, as sold deed was recorded November 9, 1988, Reception No. 88-47184, said Official Records; thence North 01 °56.30" East 393.05 feet along the East line of said lands of Waren and Howard to the Northeast corner of said lands, said corner lying on the Southerly margin of Interstate 1-105 Freeway; thence North 86"53'00" West 123.19 feet, along said margin, to a point bearing South 86°53'00" East 93.67 feet from the Northwest corner of said Lot 3; thence leaving said margin, South 01° 56'30" West 755.58 feel, parallel to the West line of said Lot 3, to a point on the aforesaid North margin of Olympic Street; thence South 88°03'30" East 123.45 feet along said North margin to the True Point of Beginning, in Lane County, Oregon. Commonly known as: 2858 Olympic Ave., Springfield, OR Assi svors Psi No. m Tax Parcel No.: 17032541 S0. 0W. P00UM07 EXHIBIT B DESCRIPTION OF LAND This EVIbit'B' is attached to and made a part of that certain Memorandum of Agreement entered into on 2001, by and between Wimberly M, Warren as to an undivided 50% interest and Kevin Howard as to an undivided 50% interest, as tenants in common , as 'OWNER" and Sprint Spectrum Really Company, L.P., a Delaware limited liability company as SSLP". The Premises and Site are depicted as follows:' SPRINGFIELD P003XD0e7 .s. 111 ci�a-w .muds isnensn 8 ENHInp '� _ sane I -'� I+kewYHY rM gcenci¢N Y� • This EMellmaynot be loscaleantl may he replaced bya land surveyofthe Premisesaid/nr Siteonce it ie received by SSLP. • Setback of the Site from the Premises' boundaries shall be the distance required by the applicable govemmenlal authorities. • Width of access road shall be the wddr required by the applicable govemmenlal authunges, including police and fire departments, • The type, numberand reporting positions and locations of antennas and transmission lines, ifdepicted,areillustretive only. ac4al types, numbers, mounting positions may vary from what is shown above. 4rym9fieUl`003XM7 ACKNOWLEDGEMENTS STATE OF 6pCaypr� 1 ss. COUNTY OF'(KIxl4wioYa+�j,, ) This instrument was acknowledged before me this 13 dayof NOOLIKIa_o-� , 200" by I , known to me or satisfactorily proven to be the person (s) whose name is subscribed tc Ihis'nstrument and acknowledged that helshe executed the same. If this person's name is subscribed In a representative capacity, it is for the principal named and in the capacity indicated. WITNESS my hand and official seal. OFFICIALSFAL em ANNEOESFE AMNotary Public NOTARYPUBUCOREGONCOMMISSION N0.347546 COMMISSION OWES XL. 10, MS STATE OF ss. COUNTY OFW11h ) This insWmen[was arknowlodged before me this dayof Npr� 204 by 1(yWr... vY� . l-k�...oa..� , known to me or satisfactorily proven to be the person (s) whose name is subscribed to this instrument and acknowledged that he/she executed the same. If this person's name is subscribed In a representative capacity, it is for the principal named and in the capacity indicated. WITNESS my hand and official seal. 0MYCOOF�ICML SFX ` ANNELMSE GILLGAM Notary Public MMISSIONEXiMSAL NOTARY PUBLIC � OREGONCOMMISSIONNO.347W . iO.2e05 STATE OF CJ�A`V'S n ) ss. vNL COUNTY OF ��JpfSd/V ) jj// c���no-n Thyys j,�p55trurrlppt was, ck(WwJedggd,,�b�Tore me this � day of i-WVRLiC , 20()d/ by�fiR k C'% /C. CY Xl LDU/♦ y known to me or satisfactorily pmven ro be Me person (s) whose name is subscribed to this Instrument and acknowwffedged that he/she executed the same. If this person's name Is subscribed in a representative capacity, it is for the principal named and in the capacity indicated. al. ADIA 'e MADAMS N I Sotxry Publio- Seel el Ke My APpt, Expire= Natary Pu tic .. RETURN RECORD / ED DOCUMENT TO:---� � '�� Sprint Spectrum, LP ATTN: Cheryl Bennett -7770 SW Mohawk, Bldg F Tuall OR 97062 � ..— J_JJJ! 9'739395 SlteName: SPRINGFIELD , - PCS SIM Agreement She L O: 0870: POR.Ords08.5.2 Memorandum of PCS Site Agreement - This memorandum evidences that a lease was made and entered Into by written. PCS Site Agreement dated19.6, between WARREN / HOWARD PARTNERSHIP NO. 3 ('Owner') and Sprint Spe m L.P., a Delaware limited partnership ('SSLP'),the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to SSLP a certain site ('Site') located at 2653 Olympic Avenue, City of Springfield, Carly of Large, State of Oregon, within the property of Owner which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on man ,Z A 1l which tern is subject to four (4) additional five (5) year extension periods by SSLP. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "OWNER" WARREN / HOWARD PARTNERSHIP NO. 3 By: l!/ CVix�Lv>h h'/nlrF/Vll-�� Name: CAMERON J.WARREN - 2-5—".TUN. 10'97402REC 20.06 + Tile: PARTNELnHJUN. 10'97k012PFUND 10.00 �R '�� Date: -- -- - 1 ' 0 See Exhibit Al for continuation of Owner signatures Address: 12033 SE Marx Street, Portland, OR 97220 "SSLP" Sprint Spectrum L.P., a Del v nited partnership By: Name: Tide: 1Ji /2Pc7�/C Address: 7770 S.W. Mohawk, Bldg. 'l Tualatin, OR 97062 Dale: 7 Y/ Attach Exhibit A - Site Oescnplien GAPORTLANDLLEASINGVS-0816UfOA.nDC 415N6 2:21 PM CIibPDF - www:fastio.eom- 9'739395 Version 2.0 EXHIBIT Al 12-78-95 Sib Name: SPRINGFIELD Memomdum of PCS Site Agreement Site 1. D.: 087B: PORA75A8A.2 Continuation of Owner Signatures .01MER" WARREN / HOWARD PARTNERSHIP NO. 3 By:l- 8s: KEVIN M. HOWARD, PARTNER 1 s.s�rra0 O'L 3 G? PGRTLANMLEASINC1i PS -08714 1OADOC G:1WK1 CpIVU6ENW V WJ-VO /DNIVflRRA: CIibPDF - www.faStiO.Cgm - .. u ;1 4/5196 2:21 PM arovo-rzl rm ...— Version 2.0 12-18-95 9739395 EXHIBIT A' Site Name: SPRINGFIELD Site Description Site 1. D.: 0878: POR.015.08.5.2 Page 1 of 2 Ste situated In the City of Springfield, County of Lane, State of Oregon commonly described as follows: 2656 Olympic Avenue Legal Description. Situated in the City of Springfield, Lana County, State of O: Northeast 1/4 of the Southeast 1/4 of Section 25 1n Township Neat of the Willamatte Meridian and described as follows: Being a portion of Iota 3 and 4 of the subdivision plat of SI INDUSTRIAL PARR N0. 1, as platted and recorded in Book 67 at County Oregon Plat Records, Lam County, Oregon, said portio: particularly described as follows: Commencing at the Southeast carver of said Lot 4; thence No 253.20 feet along the South line of said Lot 4 to the True P thenceleaving said true point of beginning and continuing's line of Lot 4 and the North line of the Lands described in t and Marsha Morse recorded August 4, 1994 in Reel 1980, Recap Official Records for Lane County, Oregon, North 88'03'30' We the Northwest corner of last said lands; thence Leaving sai North 01.54.01° East 172.04 feet in a direction line to the of that certain general Easterly of line of said lands descr to Warren/Howard partnership 03, having a bearing anddistan 88'03'30' West 538.00 feet; thence South 68'03.30• Eist 284 said general Easterly line to the Northerly terminus of that Easterly line of the aforesaid lands deed to Cameron J. Warr Howard (Ree. No. 9121896) having a bearing and distance of N Use 172.04 feet; thence South 01'53'25' West 172.04 feet a line returning to the True Point of Beginning. F Owner Initials n' SSLP Initials Note: Owner and SSLP may. at SSLP's option, replace this Exhibit with an exhibit setting forth the legal d boated and/or an as-0uilt drawing depicting the Site. -[Use this ExhibitA for PCS Site Agreement, Memorandum of PCs See Agreement, Option Agreement or G:IPORTLANDILEASINOIPS-087B\PCSAGSHT.DOC .,,CIiluPDF-www.fastio.com_ . __. - ____,r.. -. _.. gon in a the 7 South, Range 3 rHFRN PA IFIC go 23 in lam being so a h Bill 0' Want hit of Be iming; ng said oath deed to Lon e on No. 9 57034 264.83 eat to line and mer d in thideed of Nart feet a nR and Rev In 01' S3 State of Oregon. County of lane — ss. I, the County Clerk, in and for the said County, do hereby.0ty that the within instrument was received for record at '97 JUN 10 PH 3:57 Real 23 03 lane County OFFICIAL Re=d— lane Cou/ntyty-/Clerk// County Clerk rscriptiou of the piopeny on which -the Sits is 1 Memorandum of Option Agreement] 05196 2:09 PM P003XCN7 5pcin@fidd FIRST AMENDMENT TO PCS SITE AGREEMENT 0'I kO6 This First Amendment to PCS Site Agreement ("Amendment") is made and entered into as of the 15f day of Marc k , 2005 ("Execution Date"), by and between Sprint Spectrum L.P., a Delaware limited partnership ("Sprint"), and Warren/Howard Partnership No. 3, ("Owner"). RECITALS A. Sprint and Owner desire to amend the Agreement on the terms and conditions contained herein to enable Sprint to allow ("Collocator"), to Collocate with Sprint on the Site. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the parties hereby agree as follows: 1. The effective date ("Effective Date") of this Amendment shall be the date that Sprint and Owner have both signed this Amendment. 2. Sprint will pay to Owner rent for subleasing a portion of Sprint's existing lease area in the amount of per year ("Additional Rent'). Additional Rent will commence on the first day of the first month following the Effective Date. Initial Additional Rent payment will be made within thirty (30) days from the Effective Date. The Additional Rent will increase by at the beginning of each five (5) year renewal term. 3. All capitalized terns not defined herein shall have the meaning given to such terns in the Agreement. Except as explicitly amended hereby, the Agreement remains in full force and effect and is hereby restated, ratified and confitnned in accordance with its original terms, as amended hereby. IN WITNESS WHEREOF, Sprint and Owner have executed this Amendment as of the date first above written. Sprint Spectrum Sprint, L. P. By: Name: Georgie Ghantous Title: Director, Central West Renions Date: 3 / AS Sprint Sites USA7^ PWn"rz Warren / Howard Partnership No. 3 By: .............. Name: Kevin M. Howard. Partner Title: Date: c- _Q. Sr P IXCOK sr.ieg iein Exhibit To Amendment Clearwire ("collocatoe) 2 P003XC087 / CLc4RWIRE DR—EUG011 a w EY.ISTH SFF�w? utsa i m�ry tOti".Eti' ad_e, RpR!NR EffSE ------------------ / I 1 / �� 'aeSE➢. L, f 1E qMR r.. I ace E>3ST1N6 SPaI�T E!lI,I.WENT �EM1iEOFM k I I —�f I E,>T:- h, \ 9+IZTli M@XI I IXIS ! �. IA T O WNeRGIDR ?0 bE RC.pERiEP %'NT ' ?�Pp:+F r'A_ LANDOWNER SHNA I'UP, auvx av- r>L Syrfnt SrmU f anir: a�aacs eRm a n.ce w s+m m Paye 2 oft, 11 i2772001 TUE 11:16 FAX AMENDMENT TO PCS SITE AGREEMENT Ia OO2/005 This Amendment to PCS Site Agreement ("Amendment") is made and entered into as of the Z4 day of yam,—,f• 2001 ("Execution Date"), by and between Sprint Spectrum Realty Company, L.P., a Delaware limited partnership ("SSLP"), and Wimberly M. Warren as to an undivided 50% interest and Kevin Howard as to an undivided 50% interest, as tenants in common ("(Dwner). RECITALS A. Sprint Spectrum L.P., a Delaware limited partnership ("Parent") leased Crum Owner certain real property in Lane County, OR pursuant to a PCS Site Agreement signed by Owner on April B, 1996 and by Parent on April 11, 1996 ("Agreement"). Parent subsequently assigned its interest in the Agreement to SSLP, its affiliate. R. SSLP and Owner desire to amend the Agreement on the terms and conditions contained herein to enable SSLP to obtain additional ground space which will enable SSLP to allow ("Co -Locator") to co -locate with SSLP on the Site. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable cuLintlezation, the receipt and sufficiency which is hereby acknlowlcdgcd, the parties hereby agree as follows: 1. As of the date ("Effective Date") that Co -Locator enters into an agreement with SSLP whereby SSLP grants to Co -Locator the right to co -locate on The Site ("Co Location Aa cement"), Owner hereby leases to SSLP the additional property of MrD 10' x 17' storage ants (approx. 300 sq. ft.) as described in the attached Exhibit A ("Additional Space"). All references to the Site in the Agreement will be dneated to include the Additional Space. If Co - Locator and SSLP have not entered into 3 Co -Location Agreement ninety (90) days following the Execution Date, either Owner or SST P may terminate, this Amendment at any time prior to the date that Co -Locator and SSLP enter into the Co -Location Agreetnrnt by providing written notice of termination to the other party. 2. SSLP will commence paying rent ("Additional Rent") in advance for the Additional Sparc in the amount of per month commencing on the first day of the first month following the earlier o f the (a) (Late that Co -Locator installs its equipment ars SSLP's tower at the Site or (b) the date which is 90 days from the Effective Date and rent will continue on the first day of each month thereafter. The Additional Rent will escalate in the same manner and at the same time as described in Section 3 of the Agreement and shall terminate upon rile expiration of the Co -Location Agreement. 3. All capitalized terms not defined herein shall have the meaning given to such terms in the Agreement. Except as explicitly amended hereby, the Agreement remains in full fnrcc and effect mad is hereby restated, ratified and confirmed in accordance with its original leans, as amended hereby. 11i27'i2001 TIT 11:16 FAX IN WITNESS WHEREOF, SSLP and Owim have executed this Amondmcnt as of the dare first above written. SPRINT SPECTRUM REALTY COMPANY, L.Y. v ✓gy. ame: Gall ay - - Title: ector—Operations Spriat itUSA"' OWNER: Wimberly M. Warren as to an undivided 50% interest and Kevin Howard as to an undivided 50% interest, as tenants in common Bv: w-e✓L �a�v'' ,ti ---- Wimberly M.ff airren Its: Partner Wy By: k J Kevin M. Howard Its: Partner [Wgr-n AVl ASE\Warren Howard Ame„dmnn[.dde Ili 003,005 11/27,'2001 TUE 11:10 FAM vn04"006 EXIBIBIT A DESCRSPTION OF "ADDITIONAL SPACE - Owner is rhe owner of rho real property described belaw acd hereby leases m SSLP the property described below togetb., wuh po.,.x luswo ca .nl Cbr rcasonable scoots than. ted r. the appropdste, In the discretioo of SSLP, source of elecuic scud telephope 1h,ililies. 'Inc "Additional Space' is descnbcd anNor depiced m follows: ItSPRINGFIELD P003XCO87 Nns Exhibit is nal w scale aM msyh- eeplv<ed by a land survey o, ID. Addid..a] 5pacc .--- b Is received by Us., Sahackofthe.1ddilw-1 91-- a-- *e [s d: b--edaru anal) be ibe by Tho spPtimble goverrlmmral aud.oritio. "'12th ofam-sa road into bs rbc winJby roc ap,j,.bteg,.1s] volu,n1ol, m Lud'apolice-nd lire deparanrns. -m- ,ype, umber ant m rn-s Positions and locado-s df an¢nnaa and u-,", i i- furor, if dryictea, arc ile,>n.J.- only. Acura: type. -�mxrs, mo.ming po .. may vary Rom wbu Is on. aborc. SsLI S,.,b-lel.eM�XCA87 WA unn ras I ;, i. i e --o I Unn t.1 p I ygE g A wntu l II r I 0 i Irepmetl 30'Aao%anO U^ Euament 'f a! Fiat It FM0e - �� - _ L_—____.___r— � � enema ragr�l.' I d m I i_ 21ecMC Fanel � i —.o— —• 1 asnanraahq 1, wl,1.—n - _._._ Nns Exhibit is nal w scale aM msyh- eeplv<ed by a land survey o, ID. Addid..a] 5pacc .--- b Is received by Us., Sahackofthe.1ddilw-1 91-- a-- *e [s d: b--edaru anal) be ibe by Tho spPtimble goverrlmmral aud.oritio. "'12th ofam-sa road into bs rbc winJby roc ap,j,.bteg,.1s] volu,n1ol, m Lud'apolice-nd lire deparanrns. -m- ,ype, umber ant m rn-s Positions and locado-s df an¢nnaa and u-,", i i- furor, if dryictea, arc ile,>n.J.- only. Acura: type. -�mxrs, mo.ming po .. may vary Rom wbu Is on. aborc. SsLI S,.,b-lel.eM�XCA87 WA 11/29,2001 TUE 11:16 FAX ACKNOWLEDGEMENTS STATF D`- _) aa- 00UNTYOF 7 This insffamentwas acknowledged before me this day at 2001, by known to me or satisfactorily proven to be the person (s) whose name Is subscribed to this Instrument and acknowledged that he/she exeuted the same, If this person's name is subscribed Ina representative capacity, it Is for the principal named and in the capacity indicated. WITNESS my hand and official seal_ Notary Public STATE OF O f`'i DYE t I sa. COUNTY oPt LL-Ab=bpai4 Til instrument was acknowled ed before me this da 01 2001, by (f,J un hani.+ IM IwX r vc�-� knowr�atlsfaclari y proven to be the person (s) wno.se name. lsrs.rhscnhedscnhed to Nis instrprnent and acknowledged that helshc ezeMad the same. If this person's name is subscribed in a representative capacity, it is for the principal named and In the capacity Indicated. WITNESS my hand and official seal s, OFFICIAL9rAL Notary Public r g. ANNSLIESEGILLDAM No YPU[UG-OREGON COMMISSION N036Tfde Mt CON1MI5910N QPpCS Jul, le, 20D5 ' STATE OF breat C✓ ) ss. COUNTY OF ✓✓64jipa,� RI005/0a5 This instrument was a en. q cwledged before me this 131= day of _nuc+gra �.-_Ins 2001 M M . I-{a� , known to me or satisfactorily proven to be the person (s) whnse name Is subscribed to This insfnrment and acknowledged that he/she executed the same. If this person's name is subaerlbed In a representative capacity, it is for the principal named and in the capacity Indicated. WITNESS my hand and official seal DFFCO LSEAL Notary Pub id EeANNELIESEGILLLNOTARYPul-OREGON COMMISSTCN NO. 311ae COMMIS510N DPIRill I170 05 AMENDMENT TO PCS SITE AGREEMENT This Amendment to PCS Site Agreement ("Amendment") is made and entered into as of the 10`_1- day of — riA _, 2000 ("Execution Date"), by and between Sprint Spectrum Realty Company, L.P., a Delaware limited partnership ("SSLP"), and Wamen/Howard Partnership No. 3 ("Owner"). RECITALS A. Sprint Spectrum L.P., a Delaware limited partnership ("Parent") !eased from Owner certain real property in Lane County, OR pursuant to a PCS Site Agreement signed by Owner on April 8, 1996 and by Parent on April t I, 1996 ("Agreement"). Parent subsequently assigned its interest in the Agreement to SSLP, its affiliate. B. SSLP and Owner desire to amend the Agreement on the terms and conditions contained herein to enable SSLP to obtain additional ground space which will enable SSLP to allow ("Co -Locator") to co -locate with SSLP on the Site. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the parties hereby agree as follows: 1. As of the date ("Effective Date") that Co -Locator enters into an agreement with SSLP whereby SSLP grants to Co -Locator the nght to co -locate on the Site ("Co -Location Agreement"), Owner hereby leases to SSLP the additional property described in the attached Exhibit A ("Additional Space"). All references to the Site in the Agreement will be deemed to include the Additional Space. If CoLocatorand SSLP have not entered into a Co -Location Agreement after ninety (90) days of the Effective Date, either Owner or SSLP may terminate this .Amendment at any time prior to the date that Co -Locator and SSLP enter into the Co -Location Agreement by providing wniten notice of termination to the other party. 2. SSLP will commence paying rent ("Additional Rent") in advance for the Additional Space in the amount of per month commencing on the first day of the First month following the earlier of the (a) date that Co -Locator installs its equipment on SSLP's tower at the Site or (b) the date which is 30 days from the Effective Date and rent will continue on the First day of each month thereafter. The .Additional Rent will escalate in the same manner and at the same time as described in Section 3 of the Agreement. 4. All capitalized terms not defined herein shall have the meaning given to such terms in the Agreement. Except as explicitly amended hereby, the .Agreement remains in full force and effect and is hereby restated. ratified and confirmed in accordance with its original terms, as amended hereby. IN Wrl',v'ESS WHEREOF, SSLP and Owner have executed this Amendment as of the date first above written. SPRINT SPECTRUM REALTY COMPANY, L.P. n By Van J e Shields Title: Regional Director, West Sprint Sites USA,-, WARRENIHOW'ARD PARTNERSHIP NO. 3 Cameron J. Warren Its: Partner Kevin M. Howard Its: Partner LA,rc nt%UAShWarren NaM.rAAmendmem.dw EXHIBIT A DESCRIPTION OF PREMISES OL"ala Pu. Au<. The Yremiscs are d.... bed and/or deported u follows: mm N.I., n / r T i�1 •. 1! � —1 ais�il>rLT :i Duut� ��Y uMde%n+iv GOa� r oK I Lowe kmomour� UTILM Thn Exhibit may be replaced by a land surs'ey N the Premises m¢e I ¢ rec v,d by Lessee. Setback A the Prcannes liom the Land's boundaries spall be chs dlsunce reQulred by the applicable yo,a hnehui auahonucs- W idah i access road sball be the wldch repwred by the applicable ymvemT enol auehpnua, mcludiny pnLce and fim Jepanments. The type, n .lice and mouminp p.e,hanl anal Imatmv nhnnmms and L9nsmisswn Lues me dlusvatrve poly. Actual types, numbers, mmm�nG puulmns may vary from wMs ¢ sbown above. Spnnglisld,P 03YC097 31);V) ACKNOWLEDGEMENTS STATE OF OREGON ) COUNTY OF LY_lllI V _J u1 y This insjrbment was dcknowledged before me mis� y_ day of +{ Zppp by t� 4111 'ei Vi"('LL' (l.ti(I 'known to me or satisfacfonly proven td be the person (s) whose name is subscribed to this instrument and acknowledged that he/she executed the same. If this person's name is subscribed in a representative rapacity, it is for the principal named and in the capacity indicated. official seal. OFFICIAL SEAL SUZANNE Z FAX NofAR1'NBLIC-OREON COMMISSION N0.3053.55 M+COMMOSSIONE"ESOCT15,2]01 00tap Public I (/ STATE OF OREGON ) COUNTY OF �- I I l-�f . 1 ) ss. T— iti1 This in5t�u mentwasarknpwledgyd efgrVe, lis rs _. day of 2 2000, is u ilio d to this in im en land l kimw edge that a or sexecuted th proven to a the person (s) whose name is subscnbetl this instrument and acknpwledged Thal he/she executed the same. I this person's name is subscribed in a representative rapacity, it is for the principal named and in the rapacity indicated. WITNESS my hand and official seal. OFRCUL sEAI SUZANNE L CAWFAX NOTARY RRILICOREGON COMMISSION MO 305355 MY COMMISSION Oill"IRFSOCT. 15. 2001 STATE OF OREGON ) ss. COUNTY OF 1 1 Noi Pu Gc This instrument was acknowledged before me this day of _ 2000, by _ known to me Or satisfacionly proven to be the person (s) whose name is subscribed to this instrument and acknowledged that he/she executed the same. If this person's name is subscribed m a representative capacity. it is for the principal named and in the capacity indicated. WITNESS my hand and official seal. Notary Public Flo -.u,} c,rynu, STATE OF 3Rre!NM s. COUNTY OF CL( CLUB➢r(M) This instrument was acknowledged before me this ( C�ii-r , day of �Z 1 Lc L -C �� .2000. b —� CSt a{.w1 , .. - . SO , (f( ` , known to me of =^' =r^^�^^ Y 'ty per.. to be the personwhose name is subscribed to this instrument and acknowledged That baisNe executed the sore¢. 11 this person's name is subscribed in a representative capacity, it is for the principalnamed and in the capacity indicated. WITNESS my hand and official seal. UTAMDKi RL comes Al yY'e 4C Notary Public Sant by: SpectraSi,e 50321010021 03/08/00 8:25AN;& f& M318;Page 2;2 FRCM : THREE CPK DE't1EL0FiMe4T C. PHO rU. : 503 254 7796 Mar. 07 2000 09:47W P2 MVL.TNOMAH C --C3" iTY OREGON pE PA RTMENT C3W PROBATE LETTERS TESTAMENTARY CASE NO. 960691087 7Rr5 CSRT1frE5 that the Will of C?ANSRdW J_ WARARN deceased, has been proved and J. TXMD2'RS !✓ARRAN has/have been and la/are at the date hereof the duly appointed, gualifled and acting Personal Representativatc) of the Will and estate of the decedent. rN WITNESS WNSRNOF, r, as Clerk of the Circuit Court of the State or Oregon for the County of Multnomah, in which proceedings for administration upon the said estate are pending, do hereby subscribe my name and affix the seal of said court. Dated this 1321H day of JUNE, 1996. Clerk o1 the Court By PAULI NE WILSON CERTIFICATE X, Administrator of the Circuit Court of the State or Oregon, for Multnomah County, which Court has exclusive jurisdiction of all probate proceedings in said County, do hereby certify that the foregoi copy of Letters Testamentary has been compared by me wi inal, and that it is a correct transcript therefrom, e of such original, as the same appears of record in my custody. ity that said Letters are now in full force and Whereof, r have hereunto set my hand and affixed cnurt. Th1s AU6 2 2 1996 ADMINISTRATOR arl 4inal in file BY MPR 07 '00 09:22 503 254 2796 PRUE.02 Vanden zD=i Fig SITE AGREEMENT ! 1z -less Site No..: SPRINGFIELD Ile 1. D, OATH; POR.015.08.5.2 1. Premuas end Usa. Owns, leasee to Sprint Spectrum L.P.. a Delawm leaned mumership (-SSLP j, Vie site desmEed below. Check appropriate baxtei ® Real property mnsi.bng of appmArn ety Iaqua. feet of end ❑ Building iceman space Mora g.1 approximately Samoa feet O Building annular spew foratbchmenl Mantennas; ❑ Building broader space for placement of base station equipment O Tower antenna space; ❑ Space rec o ed for cable mesa W mmect PCS nuiprrent and antennae, in the locammi CSMej spawn on Eared A. together witha nonexclusive casement far reasonable access thereto and to the appropriate, An the disve4on of SSLP, source of eleem.and blephom Iariline Tie Site will to ¢sed by SSLP far the mantes of Inne4n9, removing, repeating, membining and opmuhg, at do asperse, a personal pwmeA.wA. service System Idllty CPCsj. Including, without Ilmitabon, related anter equlpment and 5xturea SSLP will nee Me Site in a manner amity will nM unexasonably d.s the accu a x, MOwneYs Mier reasons. 2 Term. The term of els Agreement (Me remal Tenmj is five yea. mmmendng An the date (-Commmmment Dole') SSLP sgns this Agreemerd The; Agreement wig As automatically renewed br bur addilonal ten. (each A'Renewal Tell of five yesm each, unlace SSLP provide Owner nonce of menden not to .new nM lees than An days poor to Me economical of the Initial Tam or any Removal Term. 3. Rant. Rent m the amount of 1 will be Paid aAmmll, beginning the warier d (a) Me dale xfiitll is tiny (30) days aver Me issuance d a building permft far Me austelatian of Me PCS, or (b) the goat day of Me moot fallowing ctmmeoemenl of physic preparation d Me Site. Thereafter, Me annual rent will be paid on or betam want anniverury dthe Commend O DaW, p pal ye m to W pmmM. The annusl rentfw nch Renewal Tena will be We annual rent In Med br Me final vur athe InIbI Telm w poor Renewal TemL as Me case may pe, inweased by In addigon, SSLP will pay Me mm all o owner on Me Commencement Dale. a. Tale and Quiet P rasion. Owner represents and agrees (a) Mat II a Me Owner At Me Site, A) Mal it has Me fight to rntcr into MIS Agrccrnmt (a) Mat Me person signing Mia Agreement has Me ad" to sign; (d) that SSLP is andr ed to edea AS the Site at of Imes and to Me quiet masession Mthe Site throughout On Initial Term and each Renewal Tenn m long as SSLP is not in default beyond the expiretioh of arty are Period. and (e) Mat Owner shell not have unsupervised awess he the Sioa or to the PCS equipment I AnignmeM ubiMng. SSLP will not assign or baesfar Mee Agreement w sublet allw any portion of Me Site wiMmt Me pew written consent M Owner, when consent will not be u,reamnaby will delayed ce conditioned. provided. however, SSLP may cash, or sublet without Owners pear written consent to any pony, mntelfing, cam olled by w under common mnVol wind SSLP an W any party whin acquires subs.rbh lly all WI Me assets of SSLP. 6. Notions. All nogces must be in voting and are effective when deposited in Me U S. snail, certified and eastage prepaid, or when seal We marmighl delivery, W the address sal IoM below, or ea moral provides by law. 1. Improvements. SSLP may. at a expense. make such impravemenla an Me Site as ft demo necessary from Wine to time far Me operation of a Alternate alta for wle as voice and datammmunicanons. Owner agrees to .operate went SSLP vnM respat to obcainng any required wang approvals bin Me Site and such impmveme Vp, termWauon or upealim of MI Agreement SSLP may remove not equipment and Improvements and will .entre Me She to Me mndamin existing on Me Conemmoverent Data except for another, wear and tear. S. Compliance with Laws. Owner retareserna that Owner's Match,, (including Me Si I). and all imp.velonl boated Marden. are in substa dial compliance wlM built in , member, disability and other Iowa bodes and ragMations of applicable gmma l authendes. SSLP will substantially comply aft all applicable laws morm, W We possession and use of Me Site. 9. Interference. SSLP will remove behaval inherence problems with other equipment bcaled at the Site on Me Cohsrenmmed Date, an arty equipment tat beano. .laded to the SM at a" IUWre date when SSLP desires W Add Additional equipment W Me SM. Likewise, Owner will hat NOW Me insulation M any Mum equipment which results in ledmic interference problems with SSLP's tren existing equipment. 10. Illieitia; Owner represents Mal uldir adegnal for SSLP's use of tri Site are available. SSLP will pa far all uglltls used by it at Is Site Owner will cooperate with SSLP in SSLP 6 efforts to Mean unites arm any location provided by Owner or me servicing Utility 11. Termination SSLP may terminate MIS Agreement at any time by Actin to Owner without further liability it SSLP does not oblln all permit or other approvals (mlleavely, C:IPORTI,ANDV.EASINGIPS-087N1PCSAGSHT.I C -61iyP DF ever✓w.GlsLia colli 'appech all requir from any governmental i of ronty or any commends recurred from any third party 10 operate Me PCS system, or At my such approval is canceled expires or is Mi d.wn or terminated, or if Owner fails W have paper ownership ofthe See an almond, to enter into Nis Agreemeal, w if SSLP, for any Weer reason, in As sole d Welton, determines eat At will be unable W use the Site for ns intended purpose. Upon camnnauon. 9 people real shall M relined by Owner. 12. Dtlxult If either party, is in default under this Agrearent for a period of (a) 10 days fall., receipt of intim hem the nMiiEdaueng paM wit raped W A dMuttwhich MAI W mmd solely by the payment of money, or (b) W days following MAI of notion than Me nondelulting party went respell W a default whin may of be carat may by the payment of money, then, in either event, the mhEefauting party may p me arty remedies available to it agNnM Vre dehutling party under applitade caw. ihcludng, but nM United W, the fight W terminate On Agreement W Me non-rnonetary default may nM mamnably be area w n a 30 day period. Ws Agreement may nM be tem .W R the defauNng party mmmen action W cure the default within such 30 day NOW and Proverms with due diligence WMy were thedefaub 13. Indemnity. Owner and SSLP each indemnifies the Weer agalest AM holds the other hamtlan atm any and all coal (Including .asanable aMmeys fns) and claims M liability or lass whits anise M of Me use anNw occupancy a the Site by Of underwriting paM- This Indemnity does not appy W any claims alsing fawn Me Sale na,11pnce or intentional mismn duct of the indemnified party. 14. thiardous Sub ml . Owner mammals Mal I has no kmwladge M any almeence, Memioul w waste (collateral , -substanmj an the Site that is identified a haaalloa, toxic w dou shoure in any applicable became, scale or local caw an reglsetlon. SSLP shag net Ihoduce an use am such substance on Me See in motmon d any applicable law.. 16. Subore lnstia, and Non-0IM.enca. This Agreement is supwdinate AS any Avenue, or dead of West new of Fecund against Me Site. However, prwmgy Beer this Agreement is lily untamed, Owner will redeem Me holder d any such margage w dead of trust to execute a nm-0isturbece agreement and Owner wig m MMU with SSLP toward such and to the extent that such mopwaton des not muse Owner Small thermal lability IS adnM, V WA expense. 16. Miscallaneta. (a) This Agreement appiles I and finds Me hares, sumessas, exemfors, admirist.tors and amigns of the Pates to lis Agnnment (b) This AgrameM is WvemW by the laws of to Scale In which Me See I Mated. Ip It .questM by SSLP, Owner agrees promptly W execute and deliver to SSLP a Ascendable Mem,mndum of lis Agreement in the farm of Exhibit B:(d)True Agre M(including the Ehibas) mnslMes the Inure agreement b .n to pates and snperseda all pi written and veMal agreement, MpmenNtions, promises or undemondings between the paries. A" amendmenas W MIS Agreement must be in among and executed by both paries', (e) If any provision of MIS Agreement is invalid or unmbrweble wit respell to any party the remainder of MIS Agreement or the apolralon of such novision W perssns other Man those as to whom n is held invalid or unenforceable, will not be affected and COM provision of MIS Agreement will be valid and enforceable W the Iliac exert pwmmed by law; and m The prevailing party in arty action or pnxeNing in aur, or mutueely agreed upn Arbitration processing to enforce Me terms of this Agreement is eMWM to receive re famemble attomays' fees and other reasonable eMwcarrent costs and expenses from the non -prevailing party. , no blgwtlo Exhi ada are aWOW to anti made A Fart d this Agreement: Exhibit A B and C. OWNER: WARREN OMARO PARTNERSHIP NO 3 By' IN CAMERON W RN.EN PARTNER S.S rtaz No.: ® Sea Exhibit Al br mnMuation downer signatu.s Address'. 120W SE Marx Sheet. Portland, OR 9722/ 1 Date C SPRINT SPECTRUM laware limited Mor pership - By %L IN �. RCG-Fp2 Address. 7770 S W. Mohawk, Brig. -F', Tualatin. OR 97062 DateV—//-96 M5195 2:09 PM Vemlon 2.0 EXHIBITA7 1x18-95 SIB Name: SPRINGFIELD PCS Site AgreemnR Site 1. D.: 0078: POR.015,08.9.2 Continuation of Owner Signatures 'OWNS ': WARREN '� EN I �HOWARDppPARTNERSHIP NO.3 I. Its: KEVIN M. nnHOWARD. PARTNER 6!roly SSRa M'.— G:WORTJJND ASMGN 4187D1PCSAGSNT.DOC CIihPGF - w,, F lio.ww 415/98 209PM Version 2.0 12-18-96 EXHIBIT A` Site Name: SPRINGFIELD Site Description Site I. D.: D8713: PDR.015.D8.5.2 Page 1 of 2 Site situated in the City of Springfield, County of Lane, State of Oregon commonly described as follows: 2656 Olympic Avenue Legal Description: Situated in the City of Springfield, Lane County, Sete of O gon in a the Northeast 1/4 0£ the Southeast 1/4 of Section 25 in Township 7 South, Range 3 West of the Willamette 2laridian and described as follova: Being a portion of Lots 3 and 4 of the subdivision plot of S PA IFIL INDUSTRIAL PARR NO.1, as platted and recorded in Book 67 at go 23 in Lair County Oregon Plat Records, Lana County, Oregon, said portio being an e particularly described as follows: Commencing at the Southeast corner of said int 4; chetKa Nor h 88'07' O• Vest 257.20 feet along the South lino of said Lot 4 to the True Po nt of Be inning; thence leaving said true point. of beginning and continuing gal ng said ouch line of Int A and the North line of the Lands described in th deed to.Lonne and Hersh. Notes recorded August 4, 1994 in Reel 1980, Recept on No. 9 57034 Official Records for Ione County, Oregon, North 88'03130^ Was 264.83 eat to the Northwesc.comer.of last said lands: theme Leaving said line.end coiner North 01'54.01" East 172.04 feet in a direction line to the W sterly t ralnuc of that certain general Easterly of line of said lands descri ad 10 th deed to Warren/Howard partnership 03, having a bearing and distant of Nort 88'03130• Weat 538.00 feet; thence South 88103.30' Uit 284. 0 feet a ng said general Easterly line to the Northerly terminus of that ertain ge oral Easterly line of the aforesaid lands dead to Cameron J. Warre and Kevi Howard (Rec. No. 9121896) having a bcaring and distance of No rh 01'53' S• East 172.04 feet; thence South 01'53'25• West 172.04 feet al ng last a id line returning to the True Point of Beginning. Owner Initial SSLP Initials Nota: Owner and SSLP may, at SSLP '$ option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the S5e a located andlor an as -built drawing depicting the Site. - '[Use this Exhibit for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memors ndum of Option Agreement.[ O'U'ORTLAND\LEAS] N Wh-087BTCSAUO HT.I 3 Cli6PDF - i,,,('es Lio.vou, 615196 2:09 PM Version 2.0 12-18-95 EXHIBIT A' She Name: SPRINGFIELD Sea Description Site I. D.: 0878 : POR.015.08.5.2 Page 2 of 2 Site situated in the City of Springfield, County of Lane, State of Oregon commonly Described as follows: 2556 Olympic Avenue PS -0870 SPRINGFIELD Sketch of Site: OLyMPIL. A1t— Pm ke.n Fa.raD Lnx�n_. .�J p' aawa v/xe�wT /ao Ad baT 4:S�A Z7- D rIJV4— x T. arear+rod. �s SLB(.. Owner Initials SSLP Initials , i Note: Ormer and SSLP may, at SSLP's option, replace this Exhibit with an echail setting forth the legal Description of the property on which the Site is located andlor an as -bulk Drawing depiCing the She. Jules this ExhibilA for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.] GkMRi.AND1LF.ASNMNK 97RIPCSAGSM.DW 4 '415IN 2:09 PM Cli6PDF - vewvv'es Lio.coui Version 20 • EXHIBIT B • 12-18-95 Site Name: SPRINGFIELD PCS Site Agreement Site 1. D.: OSTS: POR.015A8.5.2 Memorandum of PCS Site Agreement This memorandum evidences that a lease was made and entered Into by written PCS Site Agreement dated 19 , between WARREN / HOWARD PARTNERSHIP NO. 3 ('Owner') and Sprint Spectrum L.P., a Delaware limited partnership ('E SLP'),the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to SSLP a certain site ('Site? located at 2656 Olympic Avenue, City of Spugfield, Ca ity of Lane. State of Oregon, within the property of Owner which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of foe (5) years commencing on 19_, which term is subject to four (4) additional five (5) year extension periods by SSLP. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above wnhen "OWNER" WARREN/ OWARD PARTNERSHIP NO.3 By: Name: CAMERON J. WARREN Title: PARTNER Date: EI See Exhibit B1 for continuation of Owner signatures Address: 12033 BE Marx Street, Portland, OR 97220 Owner Initials SSLP Initials Attach Exhibit A - Site Descnption G:IPORTLANDILEASINGTS-0878TCSAGSHT.DOC ClihPDF - w,, f,. silo cyPi .. 5 "SSLP" Sprint Spectrum L.P.; a Delaware limited partnership By: Name: Title: Address: 7770 S.W. Mohawk, Bldg. "F, Tualatin, OR 97062 Date: 4/5196 2:09 PM Version 2.0 • EXHIBIT B7 • 12-18-95 Site Name: SPRINGFIELD Memom d= of PCS Site ABn>oneM She 1. D.: 0876: POR015.08.5.2 Continuation of Owner Signatures R': WARREN / HOWARD PARTNERSHIP NO. 3 1 �l Its'_- E IN nM. HOWARO PARTNER �j� ID 0 -6S: raxcN :: A Date:I G."RnL MLF SMGTS-08761PCSAGSH7.DOC Cli I,PO.F - w,, I: sliu. cow - 415196 2:09 PM Version 2.0 Site Name: SPRINGFIELD EXHIBIT C PGS Site Aerxmerk Insurance 12-18-85 Site 1. D.: 0878: POR.015.08.52 'SLP will procure and maintain a public liability policy, with limits of $1,000,000 for bodily injury, $1,000,000 for property damage, $2,000,000 aggregate, with a certificate of insurance to be furnished to Owner within 30 days of written request. Such policy will provide that cancellation will not occur without at least 15 days prior written notice to Owner. Owner Initials' SUP Initials G:\PORTIANDILEASMG\PS.097B\FCSAGSH .DDC T 415198 2:09 PM CliLPDF Fslice cnu.r- CROWN CC CASTLE VIA email Imiller@sprinzfield-or.gov CFIYOF SPRINGFIELD, OR April 12, 2023 CITY OF SPRINGFIELD, OR Development and Public Works Department 2255 th Sheet Springfield, OR 97477 1505 Westlake Ave N Suite 800 Phone: (208)338-7392 Seattle, WA 98109 rxa.«ewe.me� **********NOTICE OF ELIGIBLE FACILITIES REQUEST********** RE: Request for Minor Modification to Existing Wimless Facility —Section 6409 Site Address: 2656 OLYMPIC STREET, SPRINGFIELD, OR 97478 TYPE a MUNIMT AI DEVELOPMENT STANDARDS REVIEW APPLICATION Crown Site Number. 879543 / Crown Site Name: SPRINGFIELD Customer Site Number: EG02 / Application Number: 602675 Dear Reviewing Parties: On behalf of New Cingular Wireless PCS, LLC ("AT&T Mobility" or "Applicant"), Crown Castle USA Inc ("Crown Castle") is pleased m submit this request to modify the existing wireless facility noted above through the collocation, replacement and/or removal of the Applicant's equipment as an eligible facilities request for a minor modification under Section 6409' and the rules of the Federal Communications Commission ("FCC").2 Section 6409 mandates that state and local governments must approve any eligible facilities request furtive modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. Under Section 64og, m toll the review period, ifthe reviewing authority determines that the application is incomplete, it must provide written notice m the applicant within 3o days, which clearly and specifically delineates all missing documents or information reasonably related to whether the request meets the federal requirements.3 Additionally, its state orlocal government, fails m issue any approvals required forthis requestwithin 6o days, these approvals me deemed granted. The FCC has clarified that the 3o -day and 6o -day deadlines begins when an applicant: (1) takesthe first step required understate orloral law; and (2) submits information sufficient m inform thejurisdiction that this modification qualifies under the fedeml law4. Pleasenote that with the submission of this letterand endosed items, the thirty and sixty-day review periods have started. Based on this filing the deadline forwritten notice ofincomplete application is May 12, 2023, and the deadline for issuance of approval is June ss, 2023. 1 Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, § 6409 (2012) (codified at 47 U.S.C. § 1455). =Acceleration i f ilroadband Deployment by Improving Wireless Facility Siting Policies, 29 FCC Bid. 12865 (2014) (codified at 47 CFR § 1.6100); and Implementation o%State & Local Governments'Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(x) of the Spectrum Act o%'2012, WT Docket No. 19-250 (June 10, 2020). 3 See 47 CFR § i.6ioo (c)(3). 4 See 2020 Upgrade Order at paragraph 16. The Foundation for a Wireless World CrownCastle.com CROWN 1505 Westlake Ave N Suite 800 Pone: (208)338-1382 Seattle, WA 98109 CC CASTLE aee. The proposed scope of we& forthis pmject includes: Add or rEploce antennus, ancillary equipment mid ground equipment as per plans for on existing carrier on on existing wireless communimtion facility. At the end of this letter is a checklist of the applicable substantial change criteria under Section 6409. Additionally, please find enclosed the following information in support ofthis request: • Cover Letter and Narrative (see this document) with Attachment "A," Section 6409 Substantial Change Checklist and Attachment "B," Proposed Scope of Work; • Crown Castle Authorization to submit for permits; • City of Springfield Type 3 Minimum Development Standards Review Application; • Narrative Response to SDC 4.3-345 Attachment "C"; • Statutory Warranty Deed, dated 30/30/32; • Memorandum of Furth Amendment to PCS Site Agreement, dated 30/8/32; • Fina Amendment to PCS Site Agreement, dated 3/3/05; • FCC NIER Report Categorically Excluded Checklist; • Construction Dmwi age by Telcyte, dated 3/33/231 As these documents indicate, (i) the modification involves the collocation, removal or replacement of transmission equipment; and (ii) such modification will not substantially change the physical dimensions of such tower or base station. As such, it is an "eligible facilities mquesP' as defined in the FCC's roles to which the 6o -day deadline for approval applies. Acco edingly, Applicant requests all authorization necessary for this proposed minor modification under Section 6409. Ourgoal is to work with you to obtain approvals earlier than the deadline. We will respond promptly to any request for related information you may have in connection with this request. Please let us know how we can work with you to expedite the approval process. We look forward to working with you on this important project, which will improve wireless telecommunication services in your community using collocation on existing infrastructure. If you have any questions, please do not hesitate to contact me. Regards, F.mi&7.&uapn Emilie Deschamps GMA Network Services, LLC Agent for Crown Castle USA Inc Emilie@gmanetworkservices. co on The Foundation for a Wireless World CrownCastle.com CC CROWN 1505 WestlakeAveNSuite800 ppone (208)3384382 Seattle, WA 98109 �,,,.«a<„eemeea„ CASTLE Attachment °A' Section 6409 Substantial Change Checklist Towers Outside ofthe Public Right of Way The Federal Communications Commission has determined that a modification substantially changes the physical dimension of a wireless tower or base station under 47 U.S.C. § 145$a) if it needs one of six enumerated criteria under 47 CF.K § 1.6100. Criteria for Towers Outside the Public Rights of Wav YES/NO Does the modification ins easetheheight ofthetowerby more than the greater of: NO (a) 10% (b) or, the height of an additional antenna army plus separation of up to 20 feet from the top of the nearest existing antenna? YES/NO Does the modification add an appurtenance to the body of the tower thatwould NO protmde from the edge of the tower more than 20 feet or more than the width of the tower structure 9 the level of the appurtemace, whichever is greater? YES/NO Does the modification involve the installation of more than the standard number of NO new equipment cabinets for the technology involved or add more than fou new equipment cabinets? YES/NO Does the modification entail any excavation ordeployment outside the current site NO by more than 30 feet in any direction, not including any access or utility easements? YES/NO Does the modific ation defeat the concealment elements of the eligible support NO structure? YES/NO Does the modific ation violate conditions associated with the siting approval with the NO prior approval the tower or base station other than as spec wed in 47 C.F.R. § 1.6100(c)(7)(i) — (iv)? If all questions in the above section are answered "NO," then the modification does not mnatitute a substantial change to the existing tower under 47 C.F.R. § 1.61oo. The Foundation for a Wireless World CrownCastle.com CASTLE CROWN 1505 WestlakeAveNSuite800 phone (208)3CC 384382 Seattle, WA 98109 Attacl3333e33t "B„ Proposed Scope of Work for Dislr Wireless 2656 Olympic St, Springfield, OR 97478 PROJECT DESCRIPTION THE PURPOSE OF THIS PROJECT IS TO PROPOSE AN ANTENNA MODIFICATION ON AN EXISTING WIRELESS SITE. TOWER SCOPE OF WORK • REMOVE (6) ANTENNAS • REMOVE (9) RRHB • REMOVE EXISTING PLATFORM • INSTALL (3) ANTENNAS • INSTALL (6) STACKED C -BAND ANTENNAS • INSTALL (3) NOKIA- FPKA BRACKETS • INSTALL (6) RRHS • INSTALL (1) STTEPROI - PIP -12-14I0 PLATFORM • INSTALL (1) STTEPROI - FIP-I IRK12 RAIL KIT • INSTALL (3) STTEPROI - SAMA" MAST • INSTALL (6) SITEPROI-DCPXXK PIPE TO PIPE MOUNTS GROUND SCOPE OFWORK • REMOVE (1) ABI. & (1) ASIK • INSTALL (1) ASIL & (3) ABIO NOTE: • 190' CRANE NEEDED The Foundation for a Wireless World CrownCastle.com CASTLE CROWN 1505 WestlakeAveNSuite800 ppone (208)3CC 384382 Seattle, WA 98109 Attoehmeot «C^ Narrative Response m Code 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. 2. Demonstrated Need for New WTS 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. The Foundation for a Wireless World CrownCastle.com CCCROWN CASTLE 1505 Westlake Ave N Suite 800 Phone: (208)336-1362 Seattle, WA 98109 ..=. 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.5. defines the type of WTS facilities that are allowed in each zoning district. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. Revised 5/21/13 KL B of 14 Table 4.3-1 Zoninra INshictr TVPW 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 Mad Use Employment Mad Use Commercial Medical Service Public Land and Open Spam l Neighborhood Commercial Low visibility General Office Stealth Low Density Residential Medium Density Residential High Density Residential Mixed Use Residential (1) Moderate visibility WTS facilities In the Public Lad 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. The Foundation for a Wireless World CrownCastle.com CROWN 1505 Westlake Ave N Suite 800 Pone: (208)338-1382 Seattle, WA 98109 CC CASTLE aee. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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: 7. a. Co -location of additional high visibility facilities is consistent with neighborhood character-, Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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 Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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. 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 Ia 9 of 14 Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. B. 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. The Foundation for a Wireless World CrownCastle.com CROWN 1505 Westlake Ave N Suite 800 Pone: (208)338-i 332 Seattle, WA 98109 CC CASTLE aee. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. There is no expansion proposed to the ground area. Setbacks will remain the same. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 11. 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. The Foundation for a Wireless World CrownCastle.com CROWN 1505 Westlake Ave N Suite 800 Pone: (208)338-i 332 Seattle, WA 98109 CC CASTLE aee. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. No additional accessory buildings and structures are being proposed. 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. 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. Revised 5/21/13 10. 10 of 14 Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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. Applicant's Response: The color of the proposed equipment will match the existing equipment. 15. 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. Applicant's Response: Not applicable, this is not a camouflaged facility. The Foundation for a Wireless World CrownCastle.com CC CROWN 1505 Westlake Ave N Suite 8001505WWAkeAv PPo., (206)336-7392 CASTLE .=. 16. Fagade-Mounted Antenna. Fagade-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. Fagade-mounted antennas shall not extend more than 2 feet out from the building face. Applicant's Response: Not applicable, this is an existing wireless tower and facility. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 19. Noise. Noise from any equipment supporting the WTS facility shall comply with the regulations specified in OAR 340-035-0035. Applicant's Response: Not applicable, no additional ground equipment that produces noise is being proposed. 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: 1. Have a surface area of no more than 3 square feet; 2. Be affixed to a fence or equipment cabinet; and 3. Be limited to no more than 2 signs, unless more are required by any other applicable law. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. The Foundation for a Wireless World CrownCastle.com CCCROWN CASTLE 1505 Westlake Ave N Suite 800 Phone: (208)338-7392 Seattle, WA 98109 ..a�„K„ . 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. Applicant's Response: Requirement is duly noted. 22. Parking. No net loss in required on-site parking spaces shall occur as a result of the installation of any WTS facility. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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 Ia 11 of 14 Applicant's Response: AT&T Mobility is not proposing any new cabinets. 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. Applicant's Response: AT&T Mobility is not proposing any new lights. 25. Landscaping. For ATS 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. Landscaping will remain intact. The Foundation for a Wireless World CrownCastle.com CROWN CC CASTLE 26. Prohibited WTS Facilities. 1505 Westlake Ave N Suite 800 Phone: (208)338-7392 Seattle, WA 98109 ..a�„K„ . 1. Any high or moderate visibility WTS facility in the Historic Overlay District. 2. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 27. Speculation. No application shall be accepted or approved for a speculation WTStower, i.e., from an applicant that simply constructs towers and leases tower space to servicecarriers, but is not a service carrier, unless the applicant submits a binding writtencommitment or executed lease from a service carrier to utilize or lease space on the tower. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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: b. Each antenna associated with the small wireless facility, excluding associatedantenna equipment, must be no more than 3 cubic feet in volume. c.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 cubicfeet in volume. Antenna equipment includes only such equipment that iSkevised 5/21/13 la 13 of to 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. The Foundation for a Wireless World CrownCastle.com CROWN 1505 Westlake N Suite 800 1505 Ake AveAv PPo., (209)339-7392 CC CASTLE .=. 4. 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. 5. 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. 6. 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. 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: ii. 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. iii. 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. iv. 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 devices, or intersections; and must be safe, as determined by the City Engineer . The Foundation for a Wireless World CrownCastle.com CROWN 1505 Westlake Ave N Suite 800 Pone: (208)338-1332 Seattle, WA 98109 CC CASTLE aee. I. 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. Applicant's Response: Not applicable, this is an existing wireless tower and facility. AT&T Mobility is proposing to modify their existing equipment. 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. S. 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. Applicant's Response: Requirement is duly noted The Foundation for a Wireless World CrownCastle.com FCC/LSGAC Local Official's Guide to RF APPENDIX A Optional Checklist for Determination Of Whether a Facility is Categorically Excluded FCC/LSGAC Local Official's Guide to RF Optional Checklist for Local Government To Determine Whether a Facility is Categorically Excluded Purpose: The FCC has determined that many wireless facilities are unlikely to cause human exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from routinely having to determine their compliance. These facilities are termed "categorically excluded." Section 1.1307(6)(1) of the Commission's rules defines those categorically excluded facilities. This checklist will assist state and local government agencies in identifying those wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure in excess of the FCC's guidelines. Provision of the information identified on this checklist may also assist FCC staff in evaluating anyinquiry regarding a facility's compliance with the RF exposure guidelines. BACKGROUND INFORMATION 1. Facility Operator's Legal Name: Omwn came USA mc. 2. Facility Operator s Mailing Address: t5o5weefiakeAwN,Sufte800,Seattle, WAs3tos 3. Faci l ity Operator's Contact Name/'Fitly: Saran Baird, Site Acquisition Specialist 4. Facility Operator's Office Telephone: 20e-33ea2o4 5. Facility Operator's Fax: 6. Facility Name: Bu 379543 Springfield 7. Facility Address: 26ea01repiestsprmsru,OR97478 R. Facility City/Community: Sonnafieid 9. Facility State mid Zip Code: wA 9]4]3 10. Latitude: 44°3'35.4" 11.Longitude:-1W5s'u.r continue 10 FCC/LSGAC Local Official's Guide to RF Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION 12, Licensed Radio Service (see attached Table 1): Wireless Communications services 13. Structure Type (free-standing or building/roof-mounted): Free t nding Monopole 14, Antenna I'ypc [omnidirectional or directional (includes secto'red)l: Directional 15. Height above ground of the lowest point of the antenna (in meters): 38.40 m 16. R(Check if all of the following are true: (a) This facility will be operated in the Multipoint Distribution Service, Paging and Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband Personal Communications Service, Private Land Mobile Radio Services Paging Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local Multipoint Distribution Service, or service regulated wider Pato 74, Subpart I (see question 12). (b) This facility will not be mounted on a building (see question 13). (c) The lowest point of the antenna will be at least 10 meters above the ground (see question 15). If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box 16 is not checked, continue to question 17. 17. Enter the power threshold for categorical exclusion for this service from the attached Table I in watts ERP or EIRP' (note: EIRP = (1.64) X ERP): 18. Enter the total number of channels if this will be an omnidirectional antenna, or the maximum number of channels in any sector if this will be a sectored antenna: 19, Enter the ERP or EIRP per channel (using the same units as in question 17): 20. Multiply answer 18 by answer 19- 21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)? If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause exposta'e in excess of the FCC's guidelines. If the answer to question 21 is NO, this facility is not categorically excluded. Further investigation may be appropriate to verily whether the facility may cause exposure in excess of the FCC's grudeliues. '"ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power FCC/LSGAC Local Official's Guide to RF TABLE 1: TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF: Experimental Radio Services power > 100 W ERP (164 W EIRP) (part 5) Multipoint Distribution Service non -building -mounted antennas: height above (subpart K of part 21) ground level to lowest point of antenna < 10 m and power > 1640 W EIRP building -mounted antennas: power > 1640 W EIRP Paging and Radiotelephone Service non -building -mounted antennas: height above (subpart E of part 22) ground level to lowest point of antenna < 10 m and power > 1000 W ERP (1640 W EIRP) building -mounted antennas: power > 1000 W ERP (1640 W EIRP) Cellular Radiotelephone Service non -building -mounted antennas: height above (subpart H of part 22) ground level to lowest point of antenna < 10 m and total power of all channels > 1000 W ERP (1640 W EIRP) building -mounted antennas: total power of all channels > 1000 W ERP (1640 W EIRP) FCC/LSGAC TABLE 1 (cont.) Local Official's Guide to RF SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF: Personal Communications Services (1) Narrowband PCS (subpart D): (part 24) non -building -mounted antennas: height above ground level to lowest point of antenna < 10 m and total power of all channels > 1000 W ERP (1640 W EIRP) building -mounted antennas: total power of all channels > 1000 W ERP (1640 W EIRP) (2) Broadband PCS (subpart E): non -building -mounted antennas: height above ground level to lowest point of antenna < 10 m and total power of all channels > 2000 W ERP (3280 W EIRP) building -mounted antennas: total power of all channels > 2000 W ERP (3280 W EIRP) Satellite Communications all included (part 25) General Wireless Communications Service total power of all channels > 1640 W EIRP (part 26) Wireless Communications Service total power of all channels > 1640 W EIRP (part 27) Radio Broadcast Services all included (part 73) FCC/LSGAC TABLE 1 (cont.) Local Official's Guide to RF SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF: Experimental, auxiliary, and special subparts A, G, L: power > 100 W ERP broadcast and other program distributional services subpart I: (part 74) non-buildine-mounted antennas: height above ground level to lowest point of antenna < 10 m and power > 1640 W EIRP building -mounted antennas: power > 1640 W EIRP Stations in the Maritime Services ship earth stations only (part 80) Private Land Mobile Radio Services non -building -mounted antennas: height above Paging Operations ground level to lowest point of antenna < 10 (part 90) m and power > 1000 W ERP (1640 W EIRP) building -mounted antennas: power > 1000 W ERP (1640 W EIRP) Private Land Mobile Radio Services non -building -mounted antennas: height above Specialized Mobile Radio ground level to lowest point of antenna < 10 (part 90) m and total power of all channels > 1000 W ERP (1640 W EIRP) building -mounted antennas: total power of all channels > 1000 W ERP (1640 W EIRP) FCC/LSGAC TABLE 1 (cont.) Local Official's Guide to RF SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF: Amateur Radio Service transmitter output power > levels specified in (part 97) § 97.13(c)(1) of this chapter Local Multipoint Distribution Service non -building -mounted antennas: height above (subpart L of part 10 1) ground level to lowest point of antenna < 10 in and power > 1640 W EIRP building -mounted antennas: power> 1640 W EIRP LMDS licensees are required to attach a label to subscriber transceiver antennas that: (1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe mirtimum separation distance required between users and transceiver antennas; and (2) references the applicable FCC -adopted limits for radiofrequency exposure specified in § 1. 13 10 of this chapter.