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LOG ITEM 60
• • Zoe Ann Lamp From: Zoe Ann Lamp Sent: Tuesday, May 13,2014 11:13 AM To: 'Amanda Nations' Subject: Leaving Department and Additional Comments Received Attachments: AT&T Coyle Road_ZON13-00039; Re: MLA 13-00116 AT&T; MLA 13-00116 proposed AT&T cell tower at 9395 Coyle Road; RE:AT&T 200ft Application_ZON13-00039; LB_JeffCom_Coyle Road_AT&T Application; MLA 13-00116 AT&T Amanda, Recently I accepted a position with the county Public Works Department. My last day in the Department of Community Development is May 28. In preparing to move on, I'm reviewing the status of each of my cases. On February 5, the department granted an extension of the additional information request to May 25, 2014. Please let me know if you'll need another extension. Also, attached are some additional comments that have come in since I last emailed you on February 18. Please let me know if you cannot open the attachments and I'll work out another way to get them to you. Please review each and include a response when you reply to the November 27,2013 letter. Thank you. Sincerely, Zoe Ann Lamp, AICP Associate Planner, DRD Lead Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Phone: 360-385-9406 Fax: 360-379-4473 e-mail: zlamp(aco.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address will be received by the Jefferson County e-mail system and may be subject to Public Disclosure under Chapter 42.56 RCW Please note: The Department of Community Development is open to the public 9:00 a.m. -4:30 p.m. Monday- Thursday; Closed Noon- 1:00 p.m.; Closed Fridays. 60 1 r zf,6 0 0 Zoe Ann Lamp From: Bryon.Gunnerson @gmail.com Sent: Wednesday, March 26,2014 12:26 PM To: Zoe Ann Lamp Cc: 'Karl Hatton'; Brett Reall Subject: AT&T Coyle Road_ZON13-00039 Attachments: JeffCom-JeffCounty_Coyle Road_Real Property(Redacted for Zoe Lamp).pdf Zoe Ann, r I've attached a copy of the redacted agreement between Jefferson County and JeffCom that included the very specifics that are needed to allow AT&T to collocate on the tower and property for the alternative site. o 50 year term of license. o No further consent required from the County for AT&T as a sub-tenant. o Added ground space as previously requested by AT&T. o Definitive ownership of the tower and other assets from the County to JeffCom. > JeffCom has an absolute right and ability to work with AT&T in its collocation needs. 1/"Y\ Bryon Gunnerson Gunnerson Consulting and Communication Site Services,LLC 231 River Run Rd Sequim,WA 98382 http://www.gunnersonconsulting.com/ +1-425-829-3333 Cellular +1-844-333-3600 Toll Free CONFIDENTIAL,PROPRIETARY and PRIVILEGED:The information contained in this e-mail and any attachments constitutes proprietary and confidential information of Gunnerson Consulting and Communication Site Services,LLC and its affiliates.This communication contains information that is proprietary and may be subject to the work product or other privilege or otherwise legally exempt from disclosure even if received in error.The communication is intended for the use of the addressee only.If you are not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error, please immediately notify us by return e-mail and destroy any copies,electronic,paper or otherwise,which you may have of this communication. Any and all information contained herein is not in any way to be considered legal,financial or real estate advice. LOG ITEM 1 , _ age z of 't` r r Coyle Road Real Property License Betwe - Jeffer n Coun nd 10 JeffCom JeffCom-Jefferson County Real Property License-version 3-22-2014 LOGPiTtof 33 Poi 3 of /( S i Coyle Road Real Property License This Coyle Road Real Property License (hereinafter "License") is made this (Effective Date), by and between JEFFERSON COUNTY, a municipal corporation, with an office located at Jefferson County Courthouse,PO Box 1220, 1820 Jefferson Street,Port Townsend,WA 98368 and its officers, officials and employees (hereinafter "Licensor") and JEFFCOM, an interlocal government agency created by Jefferson County, the City of Port Townsend and Jefferson County Fire Districts 1 through 5, with an office located at 81 Elkins Road,Port Hadlock,WA 98339 (hereinafter"Licensee"). The Licensor and Licensee are at times referred to herein collectively as the"Parties"or individually as a"Party." WHEREAS, Licensor owns certain real property located in a Right of Jeffers. .unty, Washington ("Right of Way Property"),and has rights to an easement over an adja •nt • -1 of real p -rty,pursuant to a Grant of Easement made by and between Licensor and Vettles' .efine. - ow), upo hick Licensor owns and operates certain equipment and attachments includin; not limite. .n existi ower,fences, utilities and other equipment, attachments and improveme• are cur entl ated . he Licensed Premises ("Transferred Equipment and Attachments"), . ide -d ttach •t ransferred Equipment and Attachments;Licensor Equipment,a •d hereto . corporated ; and WHEREAS, on July 20,2009, Licensor and Wayn ttleson Pamela . •ttle• 'Vettleson") entered into a"Grant of Easement"for property abuttin ig t of Way •erty,wh •ment was recorded on August 3, 2009, in the records of Jefferson Cou , Washington, un. 'uditor's e No 545503 ("Vettleson Grant of Easement"), the subject real property which is a portion . 'ssessor's Parcel Number ("APN") 601023007 ("Vettleson Property"), all as descr in Attachment B ettleson Grant of Easement, attached hereto and incorporated her d WHEREAS,the Right of Way Property a th- eson e hereinafter collectively referred to as "Licensor's Real Property" . •• cribed a dept A ent C - Legal Description of Licensor's Real Property,attached ► . . • orpo -. 1 • WHEREAS, Pursua to certain " Fo Contract" dated on or about March 2, 1993, ("NWREMS Contract") a copy ich i' ached her as .chment D - NWREMS Contract, Licensor caused to be constructed a unication er ("To r") ated on Licensor's Real Property. Licensor was the recipient of gr oney o fu e N MS Contract to purchase the Transferred Equipment and Attachme. of wh er is a . WH •S, Lic: or de to tran er to Licensee all rights, responsibilities and liabilities in and to the Transf- • Equ ent a tta ts, and Licensee desires to assume all rights, responsibilities and liabilities . rans quipment and Attachments from the Effective Date forward,and through this License artie d to onsummate such transfer;and WHEREAS, Licen •esires to license to Licensee,and Licensee desires to license from Licensor a portion of Licensor's Real Prop- for the installation, operation and maintenance of a communications facility, along with other rights and privileges ancillary to the license of such space and operation of Licensee's Equipment located upon the Licensed Premises;and WHEREAS, Licensee intends to sublicense or assign portions of the Licensed Premises and to convey a portion of the rights of the Licensee, within this License, to its sublicensee(s) or assignees, but such agreement shall not alter or remove the publically owned status of the Tower located on Licensor's real property. WHEREAS,Jefferson County Department of Public Works through Licensor owns and operates certain radio equipment, attachments and an antenna ("Licensor Equipment"), as set forth on Attachment A, situated L®OtallE 'fttson County Real Property License-version 3-22-2014 Page 2 of 33 # (e0 Page tk of • within the Licensed Premises, the installation, operation and maintenance of which will be subject to a separate sublicense agreement between the Parties,of even date herewith. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the Parties hereby incorporate each of the foregoing recitals into the License by this reference and hereby agree to be bound to the following terms and conditions: Section 1: Definitions: "Communications Facility Area" is defined as the area reflected on Attachment C-1 to this License, more particularly described as containing some 919.48 square feet a• e ded by 8' high woven wire security fencing. "Easement"is defined as the Vettleson Easement. "Hazardous Substance" shall for this License have the efinition as 4d in C 173-340- 200. "Legal Description of Licensor's Real Property" is ttachm to thi icense. "Licensed Premises A" is defined as the reflected o achme o this License, more particularly described to include the "Corn ications Facility a," and the so-called "expansion area" in the right-of-way of Coyle Road mea •ng 11' east-west 20' north-south to be located to the south of the"Communicatio• -.cility A " "Licensed Premises B"is defined as ' •. •s: an y" areas in the right-of-way of Coyle Road, each measuring 40' •• •h-south id 1: -we ted, one located directly north of the "Communications Facil. . a one e• • if the"expansion area." "Licensor Equip it" 1- ted on A m A to this License and remains the property of the Licensor after : 4 tion o •, License. "Licensor's Rea • •e ► 's de . as Ise portions of the Coyle Road right of way described as being icen -miles A . :nd the easement granted to the County by the Vettlesons and de• 'FN 03. "Memor. a' - le Ro. Property License"is made Attachment A to this License. "NWREMS Co t" is . • Attachment D to this License. "Transferred Equip nt and Attachments" is listed on Attachment A and becomes the property of the Licensee as a result of this License. "Vettleson Grant of Easement" is described and memorialized in Attachment B to this License, a recorded Easement having Auditor's File Number 545503. LOG ITEM Page 5- of 4/6 JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 3 of 33 • Section 2: Sale of Equipment and Attachments A. Sale of assets.As of the Effective Date of this License,Licensor hereby sells and transfers to Licensee all of Licensor's rights, responsibilities and liabilities of the Transferred Equipment and Attachments described in Attachment A for the sum of One and No/100s Dollars ($1.00).Accordingly, to the extent permitted by law, Licensee hereby accepts all rights, responsibilities and liabilities for the Transferred Equipment and Attachments from the Effective Date forward. B. Licensor's Representations and Hold Harmless. i) To the best of Licensor's knowledge, Licensor represents that it ' e rightful owner of the Transferred Equipment and Attachments shown on Attachment • ture it is determined that Licensor was not the rightful owner of any portion or all e Tran •d Equipment and Attachments,Section 2A of the License shall be deemed null d . to the ext- .f the portion of the Transferred Equipment and Attachments determined , be o, •d by Lice . In the event the Transferred Equipment and Attachments are deter: i to not be . •ed by Li or and until such time as the Parties are able to consummate a ri amend. ent sis Lic: e under this Section,Licensee shall be permitted to continue o• ng . •e sor's ' • according to the existing terms and conditions hereun.• may be . .ed from ti . time, without interruption. ii) Licensee hereby agrees to release Lice and shall holm -nsor ha . from all claims relating to this Section 2 (including reasonable rneys'fees, costs • expenses of defending against such claims) in the event Section 2A is ultima deemed null and v. .ue to the discovery that Licensor did not rightfully own the Tra erred Eq ent and Attachmen of the Effective Date. Sectio 'ro ense 1) In .r .r.ti:n if i s l lr,_ • •n s_ : ".rties are subject to that certain "Interlocal Agreement Regardi ergency sate` Communications and Other Public Safety Services" which has an effectiv: -te o ober 1, 21 he rafter"Interlocal Agreement"). This License shall prevail in the event • confli . erms or . ati. .etween the Interlocal Agreement and this License. 2) Use of Licen Pre ' •s A. . •'ect e terms and conditions of this License, Licensee shall use the Lic-- 'rem' Vr the pun. - onstructing, installing, maintaining, repairing and operating a C, n . .ns . 4 and uses i .ental thereto. All improvements, towers, equipment, antennas, f- • , she s, gen. ors, c• wits, and all other personal property and appurtenances thereto incl ':the i ansferr•. . -nt and Attachments (collectively the"Licensee's Equipment")installed and o.. - Lice . Premises A by Licensee for Licensee's sole use shall be installed and operated . icens-. •.sense. Such installation, operation, removal, maintenance, additions and/or upgrades sh. -e at the . scretion and option of Licensee. Licensee shall have the right to replace,repair, add or otherw odify Licensee's Equipment, its utilities, antennas and/or conduits or any portion thereof and the -quencies over which Licensee's Equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any Attachment attached hereto, at any time during the Term or any Holdover Term.Licensor agrees to sign documents, issue permits or grant licenses to the extent such documents, permits or licenses are consistent with applicable extant utility franchises and/or county code as may be required by any utility company (public or private) to provide service to the Licensed Premises A, including the grant to Licensee or to the servicing utility company at no cost to the Licensee, of an license in, over, across or through Licensor's Real Property as required by such servicing utility company (public or private)to provide utility services as provided herein. It is understood and agreed that Licensee's ability to use the Licensed Premises A is contingent upon Licensee obtaining or maintaining, after the Effective Date of this License, all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as LOG ie- litErtkiefferson County Real Property License-version 3-22-2014 Page 4 of 33 Page of-. O I satisfactory geotechnical reports,including but not limited to soil borings reports and structural analyses that will permit Licensee the new or continued use of the Licensed Premises A as set forth above. Licensor shall cooperate with Licensee in its effort to obtain such approvals and shall take no action that would adversely affect: (i)the status of Licensor's Real Property with respect to the proposed use thereof by Licensee, or (ii) Licensee's use of the nonexclusive licenses seven (7) days a week,twenty four (24) hours a day over and across Licensor's Real Property. 3) Use of Licensed Premises B. Subject to the terms and conditions of this License, Licensee shall use the Licensed Premises B solely for the purposes of ingress, access and parking. The use of Licensed Premises B by Licensee or any Sublicensee shall be non-exclusive and no permanent installation or facility, including, but not limited to, a structure, infrastructure, utility box conduit or footing, shall be installed,established or constructed within or upon Licensed Premises • ee,or any Sublicensee without the express written permission of the Licensor. 4) Term. Subject to the terms and conditions herein, the term . Lic• • shall be ► fty (50) years (the"Term")commencing on the Effective Date,and expirin: e last da e Term. a) Holdover Terms. If, upon expiration of the Term, . ens o t.' icense • n- cense has not been executed,and provided that Licensee is not i . It of an ons of this . -, and if neither Party has delivered to the other a notice of th. . '.n not to w this License, this License shall automatically renew in one (1) year terms "-• .over •(s)"). Li -e sh. .ntinue to occupy the Licensed Premises in accordance with t, and co •.ns of tht .- during any Holdover Term(s). During any such Holdover Te , either Party ma inate thi- cense by delivering to the other Party a notice of intent to terminate - License at least on- dred and twenty(120) days prior to the end of the then current Holdover Term. 5) License Fee. The License Fee irst ( ear of th icense shall be per y se - . .• id to the Licensor within thirty (30) calendar days of the Effective Date. a) Escalation. Be: g wit eco yea he Term, and every year thereafter during the Term, the Licen -e shall in e ree percent (3%) over the preceding year's License Fee. Each ann icen ee paym• ha e paid in advance, due and payable on or before the annive of the Ef • e Date. b) Hold-Ov Li e ho . wer •r the Term, the License Fee shall increase by three percent er t se Fee pat g the immediately preceding year,due and payable in advance, .n the .iver of the Effectiv- II ate,throughout the Holdover Term(s). 6) Add' 'al • ents. n the case of amounts billed directly to Licensee by a governmental authori -r • ens ny payment due in addition to License Fee under this License("Additional Payment( hall b• • by Licensee to Licensor. Additional Payment(s) shall include that portion, if any,of any fe. other assessment directly attributable to Licensee's use of the Licensed Premises A or B including, but • .mited to: (i) Licensee's pro rata share of any governmental assessments directly attributable to th• icensed Premises A or B or Licensee's Equipment, (ii) any municipal application review fee or antenna installation fee relating to Licensee's use of the Licensed Premises A or B,and (iii) any sales or use taxes that are assessed or due by reason of the License Fee or Additional Payment(s). Licensor shall pay all Additional Payments in a timely manner to avoid any increase in the amount due by penalty or otherwise. In connection with any claim for Additional Payment(s), Licensor must deliver to Licensee written evidence,including all reasonable supporting documentation requested by Licensee,to demonstrate that the Additional Payment(s)claimed falls within this Section. a) Licensee shall have the right,at its sole option and expense,to appeal,challenge or seek modification of any such assessment or billing for which Licensee is wholly or partly responsible for payment. Licensor, at no additional fee to Licensee, shall reasonably cooperate with Licensee in filing, JeffCom-Jefferson County Real Property License-version 3-22-2014 _ Page 5 of 33 LOG ITEM EM gage of h • prosecuting and perfecting any appeal or challenge to any assessment.In the event that as a result of any appeal or challenge by Licensee,there is a reduction, credit or repayment received by Licensor for any Additional Payment previously paid by Licensee, Licensor agrees to promptly reimburse Licensee its pro rata share of the reduction,credit or repayment. 7) Payment Address and Method of Payment. License Fee and any Additional Payment(s) are to be clearly identified as"Coyle Road Real Property License Payment(sr and mailed to: County Administrator Jefferson County Courthouse PO Box 1220 1820 Jefferson Street Port Townsend,WA 98368 Licensor may change the payee and payee address by providi ty (a •ays' prio itten notice to Licensee. Licensee may, at its sole discretion, pay License d Additio 'ayment by electronic funds transfer and in such event, Licensor agrees to pi- vi Licensee ba •uting •rmation for such purpose upon Licensor's receipt of written reques' L ee. 8) Assignment and Subletting. Licensee may in it etion as or sublet this icense,and all or any portion of the Licensed Premises A,Licens--' -quip and/or a Lic 's improvements on the Licensed Premises A,for example,co-lo. .:reemen 'th other equesting or requiring a facility or space on the Tower,as that ter defined herein, •out noti o or consent by Licensor. This License does not authorize Licensee to .ign or sublicense a its possessory interests and rights and obligations under this license in respect 'censed Premises A, •quipment and its improvements at licensed Premises A to any fo • t entity or-profit tel- ommunications carrier, or to enter into any contract or agreement that `b •rmina •e publicl iwned status of the tower that is the subject of this Agreement. Any subl s- • sign .- ntered into by Licensee shall be subject to the provisions of this License. Any ass = - t by . .-e of all of Licensee's right,title and interest in and to the License,t. Equi. -nt •- Licensed Premises shall relieve Licensee of further obligation hereunder censor assi• teres Licensor's Real Property and this License upon written notice to Lice provided t uch . _nee assumes all of Licensor's obligations hereunder. 9) Maintena icensee s •e respo le, •ther owned,licensed or installed by Licensee now or in the future, i) all mainten. - of Lic: •e's Equipment,as may be modified or upgraded from time to time, landsca f g an bl' see(s) equipment, (ii) all compliance with Governmental App • clu not limi'. permits, local, FAA and FCC and tower painting, marking and 1' g, s. ain ce to be reg .rly accomplished, in accordance with industry standards and to in - pro , remo f kn or obvious hazards Licensor shall maintain all access roadways from the -s road e Licensed Premises in a manner sufficient to allow pedestrian and vehicul. ss .. 'mes. censor shall be responsible for maintaining and repairing such roadways,at its sole exp. -,exce• .ny damage caused by Licensee's use of such roadways. 10) 1 wn•r hi• .f . '.m•n . All of Licensee's Equipment, trade fixtures, trade equipment and utilities installed by Licen •e, if any, for its purposes, whether or not attached to the Licensed Premises, will remain the property of Licensee and Licensee shall have the right to remove the same at any time and from time to time during the Term or any Holdover Term of this License, or at the expiration or prior termination thereof. Furthermore, Licensor shall have no right or claim to any insurance proceeds payable on account of damage to or destruction of any of Licensee's Equipment and personal property of Licensee. The Licenses granted to Licensee under this License shall continue during the Removal Period (defined below) as necessary for Licensee to remove Licensee's Equipment and personal property from the Licensed Premises. dm 11 County Real Property License-version 3-22-2014 Page 6 of 33 vfl 11) Successors and Assigns. This License shall run with Licensor's Real Property and Licenses. This License shall be binding upon and inure to the benefit of the Parties,their respective successors,personal representatives and assigns,and sublicensee(s). 12) Subordination. This License is and shall be subordinate to all mortgages which may now or hereafter be secured upon the Licensor's Real Property, Licenses or Licensed Premises A and B and to any and all renewals,modifications,consolidations,replacements and extensions thereof. 13) Waiver of Licensor's Lien. Licensor hereby waives any and all lien rights it may have statutory or otherwise, concerning Licensee's Equipment and personal property on the Licensed Premises, or any portion thereof,which shall be deemed personal property for the purposes of this License, regardless of whether or not same is deemed real or personal property under applic• • d Licensee shall have the right to remove all or any portion of same from time to time in Li .-e's so • retion and without notice to Licensor and without Licensor's consent. 14) Interference. The Parties agree that Licensor, and/or an icensor's . ent or f e tenants on Licensor's Real Property, will be permitted to install n ch equi men. at is o e type and frequency that will not cause harmful interference to en • ti ense• i u'• •nt or that of Licensee's subleases. The Parties agree that Lic , and/o f License- ent or future assignees or sublicensees having equipment or i n the To or Licensed • emises A will be permitted to install only such equipment tha • the nd freq th 11 not cause harmful interference to the then-existing Licensor's r nt on th er or Li emises A. The Parties acknowledge that there will not be an adeq e remedy at law oncomp ce with the provisions of this Section,and therefore Licensor and Lic: ee shall have the ri o all legal and equitable remedies, such as,without limitation,injunctive relief a •ecific performance. 15) Termination. In addition to oth. -'nation •ts conta' • in this License, this License may be terminated,without any penalty or •'lity, . • , • by Licensee upon sixty(60) days prior written notice if it is unable to obtain •ny 11 •ermit or other approval necessary to the operation of License-' -nt or . ' emises; or (ii) by Licensee upon two hundred seventy (270) day or writ otic: ense• ermines, in its sole discretion, that Licensed Premises A and : are onger suit. • for •urposes for any reason. In the event of early termination, Licensee shal •e en •, to a refu •f a . •repaid License fee. 16) Breach. In • event there i :reach • -ither Party under this License,the non-breaching Party shall give the brea • P. ritte ico uch Breach in the manner set forth in Section 26 below. The oc of a or more o slowing events by either Party constitutes a "Breach" of this se: a) ai - icens- the License Fee,Additional Payments or any other amount due under this se • uch ment is due. b) The failu •f Licensee, its agent(s), subcontractor(s) or employee(s) to perform or observe any provision o License. c) The misrepresentation by either Party in any of the representations or warranties contained herein. d) The failure of either Party to comply with the covenants, terms, conditions and provisions of this License. LOG ITEM 90' JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 7 of 33 • 17) Remedies in the Event of a Breach. After written notice of a Breach is deemed validly given,as set forth with Section 26 below, the breaching Party shall have thirty (30) calendar days in which to cure any monetary Breach, and sixty (60) calendar days to cure any non-monetary Breach. The breaching Party shall have such extended period as may be required beyond sixty(60) calendar days for a non-monetary breach, provided that the nature of the cure is such that it reasonably requires more than sixty (60) calendar days,subject to the following: a) the breaching Party commences the cure within thirty (30) calendar days of its receipt of written notice of such Breach; and b) the breaching Party delivers to the non-breaching Party, in writing, and the non-breaching Party accepts,in writing,an acceptable cure to such Breach(as specified c) the breaching Party thereafter continuously and diligently pursue • cure to co -tion. In no case shall the cure period for any Breach be extend and nine '0) calen days, unless agreed upon in writing by the non-breaching Party. The non-breaching Party may not maintain any a or effec medies fo It against the breaching Party unless and until the breaching Pa ed to cur Breach with the time periods provided in this Section. 18) Default. The failure of the breaching Party cure a Breach wi the time mes set forth above shall result in a "Default" under this License. In event of a Default, non-defaulting Party shall deliver written notice of such Default to the defaultin rty,and the followi all apply: a) Licensor's Remedies. In the . a Defa Licens icensor may,but shall not be required to,pursue all or any of the folio •'es: i. Terminate thi hout ubject to the provisions of this License,and ii. Make an pa .t require. ice -e herein or comply with any term, covenant or condition requir ereu to be p- 'rm• By Licensee, including obtaining reasonably required ins e policies, . iii. 'ursue of fights . e ' es available at law or in equity,subject to the provisions of this +se. b) ense Reme In vent of a Default by Licensor, Licensee may,but shall not be required t. r • any owing remedies: i. Ter .to this . nse without further liability,subject to the provisions of this License,and ii. Make an ment required of Licensor herein or comply with any term, covenant or condition required hereunder to be performed by Licensor, including obtaining reasonably required insurance policies,and iii. Pursue any other rights and remedies available at law or in equity,subject to the provisions of this License,and iv. Cure any defaults in the payment of any mortgage or other real property interest encumbering the Licensed Premises A or B or Licensor's Real Property. Upon doing so, Licensee shall be subrogated to any and all rights,titles,liens and equities of the holders of such mortgage or other real property interest. JeffCom-JOfftrson County Real Property License-version 3-22-2014 Page 8 of 33 �0 • I c) The remedies given in this Section to the Parties shall be cumulative,and the exercise of one right or remedy shall not impair that Party's right to exercise any other right or remedy. NOTWITHSTANDING THE FOREGOING, each Party shall use reasonable efforts to mitigate its damages in connection with a Default by the other Party. d) In the event that the non-defaulting Party fails to exercise its rights under this License within sixty (60) calendar days following an event of Default, and the defaulting Party cures such Default, the non-defaulting Party shall not be entitled to pursue any further action against the defaulting Party for such cured Default. e) If either Party remedies the Default,then the Default will be deemed cured and the full amount of the actual cost and reasonable expenses incurred by the non-defaulti .11 immediately be due and payable by the defaulting Party to the non-defaulting Party, . e defa Party shall pay the non-defaulting Party, upon written demand, the full und'spu'. .mount t'. of with interest thereon from the date of payment at the lesser of(i) one p- t(1', 'Cr month, ii)the highest rate permitted by law. f) At all times during the Term or any Holdover Te f t' ice 'nclu• dur• a Breach, all undisputed fees,including the License Fee and onal Pa - ,shall be • . sayable as set forth herein. The failure of any Party at an equire p. •rmance of an, •rovision or any remedy provided under this License sh. no affect th. ':ht • at Party to require performance or remedy at any time t , nor sh he waive Party of a Breach or Default be deemed to be a waiver of subsequent B or De . . A waiver shall not be effective unless it is in writing and signe the non-breachin non-defaulting Party. 19) R•m•v.1 •f • ni . ••n F. •i • •n •n. i•n. F.11owin any termination or expiration of this License,Licensee shall remov: • icense- •uipment d personal property,but in performing such removal,Licensee shall othe r- - the -d •- •ses to flat and level ground,reasonable wear and tear excepted. If Licensee . to . e Lic- quipment and personal property within one hundred eighty(1' - er ex :do• 'er termination of this License ("Removal Period"), Licensor may rem• d dis•. •f Li Eq ent and personal property, and Licensee shall reimburse Licensor he reason. co of such removal and restoration of the Licensed Premises upon Licenso ' -man. •erefor. eve Licensor's option, if Licensee fails to remove Licensee's Equipment •ersonal • •erty with he ' oval Period, Licensor may deem Licensee's Equipment and perso •roperty aba •ed in h event Licensee's Equipment and personal property shall become Lice ' pr, •see :11 be permitted to operate Licensee's Equipment during the Re•, '•riod . : 1 continu• License Fee to Licensor at the then-current monthly rate until ime . he Lt. ,ee's Equipme is removed and Licensor's Real Property is restored as provided h- Any I ialm• sha prorated. 20) In r. e mutually agreed to by the Parties: Licensee and its sublicensee(s) shall provide a -rry th• -wing insurance or equivalent thereto: a) Licensee s'. arry liability and property financial protection insurance covering its use of the Licensed Pre es A and/or B. Licensee may satisfy this requirement through the Washington Cities Insurance Authority, a self-insured municipal risk pool. Licensee or its insurer will notify the Licensor in writing not less than thirty(30) days in advance of any cancellation in coverage thereof. At a minimum, Licensee shall obtain Commercial General Liability Insurance including but not limited to, personal injury, broad form property damage, independent contractor, products/completed operations with limits not less than $2,000,000 per occurrence and $4,000,000 in the aggregate. b) Licensee shall furnish the Licensor with certificates of insurance ("COI") prior to any work by Licensee at the Property covering Licensee's Use of the Licensed Premises A and/or B as allowed by Section 3. Prior to commencing any testing,installation,repair or maintenance work on the Licensed JeffCom-Jefferson County Real Property License-version 3-22-2014 p-j; Page 9 of 33 6o Page If of • Premises A and/or B, Licensee shall ensure that its sublicensee(s), contractors and/or subcontractors will provide Licensor with a COI evidencing the required insurance coverage. c) Notwithstanding anything to the contrary contained in this Section, Licensor shall have five (5) business days following its receipt of a COI to approve or reject such COI and insurance coverage provided by Licensee or its sublicensees, contractors and/or subcontractors. Failure by Licensor to provide Licensee with written rejection of any CO1 or the coverage provided by Licensee or its sublicensees, contractors and/or subcontractors within said five (5) day period shall be deemed approval by Licensor of such COI and coverage. d) The Licensee shall within 30 days of the effective date of this License an. annually thereafter provide the Licensor with a true and complete copy of the self-insurance li. provided to it by the Washington Cities Insurance Authority or"WCIA." Licensee c• s here the self-insurance liability policy provided to it by the WCIA is occurrence based e) The Licensee shall maintain Worker's Compensation ge as req. •. under Washington State Industrial Insurance Act,Title 51 RCW for all Li n employees,a, s,repr ntatives and subcontractors who are eligible for such coverage Ti f) The insurance Licensee is required to obtain taro purs to this Ucen e shall not in any manner limit or qualify the liabilities or ions o License er icense. Nor shall it cap any liability of the Licensee if an i 'rd pa warded s, including attorney's fees or other monetary damages due to act or omission o Licensee. g) The insurance Licensee is required to o 'n and maintain pu t to this License shall provide primary coverage. Any thir . liabili verage pro 'ded to the Licensor by the Washington Counties Risk Pool shall be n. ibuto the ins ce policies Licensee must obtain and maintain. h) Licensee agrees • ogati to each policy of insurance it must obtain and maintain pursu o this Li quire . shall not apply to any policy which includes a condition e .res •rohibiting 'ver ubrogation by the insured or which voids coverage should the Lice ter i .uch a wai of s ogation on a pre-loss(pre-occurrence)basis. 21) D• r i. i •n • . Pr i. • . If Property or the Licensed Premises are destroyed or damaged so as '. Licen able o hinder the effective use of Licensor's Real Property or the Li -mis- ensee may to terminate this License as of the date of the damage or • . uctio not! • Licenso no more than forty-five (45) days following the date of damage or de tion. such e all • and obligations of the Parties shall cease as of the date of the damage or de •at tho survive this License,and Licensee shall be entitled to the reimbursement of any Li. - Fe- . :ddi anal Payment(s)prepaid by Licensee. 22) Condemnati a If a condemning authority provides notice that it intends to take all of the Licensed Premises,or a p. •n sufficient,in Licensee's determination,to render the Licensed Premises unsuitable for the use that Licensee was then making of the Licensed Premises, Licensee shall have the right, at its sole discretion, to immediately terminate this License, upon written notice to Licensor. In the event Licensee terminates the License pursuant to this Section, the License shall terminate on the earlier to occur of(i) the date of Licensor's receipt of Licensee's termination notice pursuant to this Section; or(ii) as of the date the title vests in the condemning authority. The Parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Licensed Premises. Sale of all or part of the Licensed Premises to a purchaser with the power of eminent domain in the face of the exercise of power shall be treated as a taking by condemnation. If the condemning authority is Licensor,then Licensor must provide Licensee with no less than one (1)year's prior written notice of its intent to take the Licensed Premises in whole or in part. C JefiConI-Jefferson County Real Property License-version 3-22-2014 Page 10 of 33 ( o 'Da-6-677,7-oi 4ft • I 23) Hold Harmless. Each Party shall indemnify,defend and hold the other Party, its affiliates, subsidiaries, directors, officers, employees and contractors, harmless from and against any claim, action, damages, liability,loss, cost or expense (including reasonable attorney's fees and costs), resulting from or arising out of the use, acts, omission, or occupancy of Licensor's Real Property, the Licensed Premises, the Licenses, , or rights-of-way by the indemnifying Party and/or any of its contractors, subcontractors, agents, employees or invitees except to the extent that such injury or property damage is due to the gross negligence or willful misconduct of the indemnified Party and/or any of its contractors, subcontractors,agents,employees or invitees. 24) Title and Quiet Enjoyment. Licensor warrants that it has full right,power,and authority to execute this License and has good and unencumbered fee simple title or right-of-ways to the Licensed Premises free and clear of any liens or mortgages. Licensor further warrants th, - shall have the quiet enjoyment of the Licensed Premises during the Term of this Licens .ny Ho . Term or renewal thereof. Licensor warrants that there is no license, decree, regulatio der, ease lien restriction, or other encumbrance that would adversely affect or prey- e us. the Lice • Premises by Licensee as set forth herein. a) Licensee has the right to obtain a title report or c tm- .r . • poli .m le insurance company of its choice. If,in the opinion of Lice uch title shows any . of title or any liens or encumbrances, that may adverse] icensee's • of the Lice sed Premises or Licensee's ability to obtain financing, Lic•• - shall the rig . ter • e this License upon sixty(60) days'written notice to Licen nsor sha ye 60 da term agreed upon by the parties,to remedy the defect of title b) Licensee shall also have the right to hav - Licensed Premises eyed,and,in the event that any defects are shown by the su at,in th. •inion of Lic: see, may adversely affect Licensee's use of the Licensed Premises or 1 •'s abili • obtain f ncing, Licensee shall have the right to terminate this License upon six 61 'wry •s • , Licensor. Licensor shall have 60 days, or any term agreed u.on by the p. •-s,to -dy t' revealed by the survey. c) Licensee will h icenso les' and 1 mnify Licensor against and from any damage, loss, expen es o bility res• f • a Hazardous Substance (as defined herein) generated, stored, d' -d o ransporte. •, o under the Licensed Premises attributable to Licensee's use of censed P • es, inclu g al -asonable attorneys' fees and costs incurred as a result thereo 'censor will h. icense armless from and indemnify Licensee against and from any damage,1. •xp• s or h. •ty • ]zing from a Hazardous Substance generated,stored,disposed •nsp. .,on or un.. -nsor's Real Property attributable to Licensor's use of Licensor's eal ' erty, ding all reas. able attorneys' fees and costs incurred as a result thereof. This emni shall rviv: definitely any expiration or termination of this License. NDI OREGOING, Licensee shall have the right to have any environmental au• or • its , e discretion, and in the event that conditions exist that, in the opinion of Licens. • ay a. y affect Licensee's use of the Licensed Premises A or B or Licensee's ability to obtain fi ing, Licensee shall have the right to terminate this License upon written notice in a manner con -nt with Section 15 above to Licensor. 25) Miscellaneous. a) Each Party in any litigation arising hereunder shall pay its own attorneys' fees and court costs, including appeals,if any. b) Each Party agrees to furnish to the other Party, within ten (10) business days after request, such truthful estoppel information as the other may reasonably request. The party receiving the requested estoppel information may not question or dispute the quality or authorship of said estoppel information. JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 11 of 33 3 y6 I c) This License constitutes the entire agreement and understanding of the Parties, and supersedes all offers, negotiations, inter-local agreements or amendments and other agreements between the Parties with respect to the subject matter hereof. There are no representations or understandings of any kind not set forth herein. Any amendments to this License must be in writing and executed by both Parties. d) If either Party is represented by a real estate broker,attorney or consultant in this transaction,that Party shall be fully responsible for any fee(s) due, and shall hold the other Party harmless from any claim for compensation by such other Party. e) Licensor agrees to cooperate with Licensee in executing any documents necessary to protect Licensee's rights hereunder or Licensee's use of the Licensed Premi• f) This License will be recorded with the Jefferson County Audits at . see's exp• . g) This License shall be construed in accordance with the 's of the Sta. ashingti The Parties warrant and represent to each other that they have •sentat'•n by coun• and/or have had the opportunity to be represented by legal el d • . .ges in • iation of this License. The Parties further agree that they h icipate• e negotiatin: drafting of this License and stipulate that this License shall e trued ma .vorabl ith respect to either Party. h) If a deed of trust,mortgage or other enc brance affects the nsed Premises A or B,Licensor shall obtain for Licensee's benefit, and for e benefit of Licen sublicensees (if applicable), a non-disturbance and attorn -•t agreem in a form reasonab atisfactory to Licensee or such sublicensee, and containing s des d below ( "Non-Disturbance Agreement"). The Non-Disturbance Agreement t ogniz ensee' d sublicensee's right to remain in occupancy of and have access t‘ e ed and/or B as long as Licensee is not in default of this Lice - •nd app :ble • .nd cure periods. The Non-Disturbance Agreement shall include th- • • par. e at, if Licensor's successor-in-interest or any purchaser of Li. or's or its . ess• nterest . "Purchaser") acquires an ownership interest in Licensor's • '.1 P -rty or the em such Purchaser will (1) honor all of the terms of this License, ulfill ► sor's ob ion nder the License, and (3) promptly cure all of the then-e g Licensor -faults u -r th• License. Such Non-Disturbance Agreement must be binding . -11 of P chas• In re for such Non-Disturbance Agreement, Licensee will execute • eem censor in which Licensee (1) confirms that this License and any • es a •ordinate to • real property interests in favor of Licensor,(2) agrees to attorn o a Pu .ser i 'urchas: •ecomes the owner of Licensor's Real Property or the Easement; and ' agre to acce•. • a Purchaser of any of the Licensor's defaults, provided such cure is co - • the . ne applicable to Licensor. i) If any t- •f this nse is found to be void or invalid,such invalidity shall not affect the remaining terms of t' *cense,which shall continue in full force and effect. j) Licensor and Licensee agree that the Licensed Premises A and B, including without limitation, the Easement, may be shown on construction drawings prepared by a licensed engineer, at Licensee's expense for Licensee's Equipment to be located within the Licensed Premises A. k) Any consents,amendments or other matters requiring negotiations with Vettleson after the Effective Date, shall be performed by Licensee at its sole cost and expense. Licensor agrees to reasonably cooperate with such negotiations as requested by Licensee, including the signing of any documents and/or consents requested by Licensee or Vettleson. 1) This License may be executed in duplicate counterparts,each of which shall be deemed original. JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 12 of 33 '00 • I m) Time is of the essence in each and every provision of this Lic e. n) Nothing contained in this License shall be construed to - a joint yen •artner• •,tenancy-in- common,joint tenancy relationship,or any other type re •nship •-twee ensee • Licensor. o) No officer, official, employee, representative loyee o icensee sha considered an employee of the Licensor and No officer,offici p e,repres- 've or e sloyee of the Licensor shall be considered an employee of the Li 26) Notices_ All notices hereunder must be writing and shal deemed validly given if (i) sent by certified mail, return receipt requested, in whi ase the notice shal effective three (3) business days after deposit in the U.S. Mail; or (ii) • a natio recognized couri ervice that provides overnight delivery and provides verification of •elivery, ttempted 'very, in which case the notice shall be effective upon receipt or rejection of • •r atte d deliv , and addressed as follows (or to such alternate address as either Party may sp t• •the , ,at least ten (10) business days prior to such notice being given): (E- • carbon •ies o •fficia otice are also authorized.) To Licensee: To ensor: Jefferso ty 91 Jefferson County Attn: 1 or Monte Reinders,Public Works Director 81 Elki '•ad 623 Sheridan St. P•• Hadl• '39 Port Townsend,WA 98368 MA 0 RESS mreinders @co.jefferson.wa.us with Copy to: Joseph • inn,A ey at Law County Administrator 20 Forest . • Lane SW Jefferson County Courthouse Lakewood, '8498-5306 PO Box 1220 Office Tel.:253 858-3226 1820 Jefferson St. Cell:253 576-3232 Port Townsend,WA 98368 email:firelaw0comcast.net JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 13 of 33 0 0 27)Exhibits and Attachments. This License is subject to the terms and conditions of the exhibits and attachments referenced below,which are attached hereto and by this reference,made a part hereof: Attachment A Transferred Equipment and Attachments;Licensor Equipment Attachment B Vettleson Grant of Easement Attachment C Legal Description of Licensor's Real Property Attachment D NWREMS Contract Attachment E Licensed Premises [SIGNATURES APPEAR ON NEXT PAG C1114111104 41111‘ e \ *6 LOG ITEM ,0 3`"� 3e ( of 4 i JefKCom-Jefferson County Real Property License-version 3-22-2014 Page 14 of 33 • • IN WITNESS WHEREOF,Licensor and Licensee have executed this License as of the Effective Date. • LOG ITEM JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 15 of 33 • M NOTARY BLOCK-Jefferson County 911 STATE OF WASHINGTON ) ) SS. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that -s the person who appeared before me, and he acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in - ••ent. Ilk ■ NO -J. ty STATE OF WASHINGTON SS. COUNTY OF JEFFER ON ) I certi • I know or ha• .tisfa i evidence that is the person who appeared before me . d he . ,o _ed tha si: this instrument,on oath stated that he was authorized to execut- ume acknowled: .s 111M=111111111111 to be th - nta s of such .arty or the uses and purposes mentioned in the instrument. I IMMIIIIIIIM JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 16 of 33 Oiff- • • NOTARY BLOCK-Jefferson County STATE OF WASHINGTON ) ) SS. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and he acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as to be the free and voluntary act of such party for the uses and purposes men •d in the ument. 11111.W NOTA BL I . effe . .unty STATE OF WASHINGTO ) ) COUNTY OF JEFF. ) I certi • I know or ha, .tisfac i evidence that-is the person who appeared before me . d he . ,o _ed tha si, this instrument,on oath stated that he was authorized to execut- me acknowled: .s the 411iii to be olun . .ct of suc pa for the uses and purposes mentioned in the instrument. ==I LOG ITEM # 2O Page /9 of ! 1 JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 17 of 33 • ATTACHMENT A TRANSFERRED EQUIPMENT AND ATTACHMENTS LICENSOR EQUIPMENT TRANSFERRED EQUIPMENT AND ATTACHMENTS: Upon full execution of this License, the following equipment and attachments shall become the personal property of Licensee: Item General Descripti Radio Tower —1986 100ft tall steel tower @ Licensee serial#911000432 Ice Bridge Any attachments between the Radio Tower and shelter includin •ce bn. • aterials Shelter —8ft X loft Shelter @ Licensee serial#911000264 Fencing Any and all fencing,gates. Sub-surface Any and all below ground conduits,grounding system .0d to existin utilitie HVAC Heating Ventilation Air Conditioning units. License t tha ced sor pre •qu' t. Mounting Racks Any and all mounting racks. Licensee asset that ed Licenso equipment. LICENSOR EQUIPMENT: Z4b7111° The Partie • entered i + separat- ree nt of even date herewith setting forth the terms and condi. • for Licensor tallati. operation and maintenance of Licensor Equipment. LOG ITEM (to Od JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 18 of 33 III • ATTACHMENT B VETTLESON GRANT OF EASEMENT (Page 1 of 6) ., , . ill i. u11545503 i 1,1 1 1111:1 '' 411011 ' 1 Uril Niro,' °' it, i4p J.1f.r8Q. c tv Pud JefFERSON COWTy PUR ERSE 67 se After recording return document to Jefferson County Excise Tax Aff# 1 3 2 0 8 Jefferson County Date Tax$• "It: Saie4 Amt$ I WWI — Department of Public Works .•if 623 Sheridan Street pp„ r,A' ' ui dramai 0.!a 6 Port Townsend.WA 9368 , -. Deputy Treasurer \\\,\ Document Title:GRANT OF EASEMENT jr-------- \ Reference Number of Related Documents:1 -------_____\"'s, Grantor(s): Mr.Wayne E.Yetdeson and Pamela J.Vettleson G 1'1 totee(s): Jefferson County Legal Description: Ns.of SW 1/4 of See.2,TWp.26 N,Reg 1 W,W.M., ---- Additional Le/pi Description is on Exhibit A(Pnge S)di map is Exhibit B( ge f t . 12 1 it Asses.sor's Tax Parcel:601023007 -..-,. GRANT OF EASEMENT Coyle Road Communicatioas Faell(ly(----,) ) The Grantor.MR.WAYNE E.VETTLESON AND PAM ELA-3VEfl1ON,hariband and wife,for and in consideration of the sum of One Thousand Five Hundred Fifty 0/11175 50,00)--Dollam in hand paid, conveys and grants an easement interest over, under,up and across,*\hereinafter described lands to the Grantee,JEFFERSON COUNTY,a Municipal Corporati ,Pp.Box 12 ,- 2,0.),..,Townsend WA,98368,from the date of this document until the public use and function ftictbiseasement ceases, for the purposes of operating,maintaining,and upgrading existing equipment inclining the generator and air conditioning unit(with protective cover)all placed within the existing facilities located onthe-following described real estate,situated in Jefferson County.State of Washington: For legal description and easement map sec Exhibit As it B attached hereto and made a part hereof. ....-- ..„..---.. The land being granted herein contains wife&OTatsisroximately 0.014 acres more or fess. ( / The Grantee, its authorized agents and.empnyeeli.„ will grotect, save and bold harmless the Grantors, its successors or assigns,from all claims,"ae,tionS,cost,1,.,..rt or expenses ot any nature whatsoever by reason of the acts or omissions of the Grantee,its assipik agetcontractors,licensees,invitees,employees or any person whomsoever, arising out of or in connection with any acts or activities authorized by this Easement. The Grantee,its agents or empioyees,furtheragfeesit\deliiid the Grantor in any litigation,including payment of any con or attorney% fees, for any claims lot-action commenced, thereof arising out of or any acts or activities authorized by this Ease-menu,This oblittion shad not include such claims,costs,damages or expenses,which may be caused by the sok,negligence or r4sponaibthues of the(lrantors its successor or assigns. Provided,that if the claims or damages sit caused by.or result from the concurrent negligence of.(a)the Grantors,its agents contractors or employees;had(b).theGniluee, its agents,contractors or employees,or invitees and involves those actions covered-6' CY,'4.74.11).;-,Mis indemnity provision shall be valid and enforceable only to the 0,yi r- (-• extent of the negliqnce„ Trtante`etsor the Grantee's agents or employees. ‘.. . --- / -.. This GRANT OF EAkYl INIT-issr easements subject to easemen and restrictions of records. k,,..„..., Page 101'6 APN 601023007 ..../ ((J ) LOG ITEM # 4.6 7----. R- - j 4_...yi_ JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 19 of 33 • ATTACHMENT B VETTLESON GRANT OF EASEMENT (Page 2 01 6) 111 NU I11'11 I 11 n5io45503 Pao.' 2 of 6 jet l03/240170:4 145 forsc, l aud JEFFERSON couNrr PtIll EISE This GRANT OF EASEMENT is subject to easements and restrictions of records. Grant of Easement. It is understood and agreed that the rights herein granted shall be at all times exercised in a manner which does not unreasonably interfere with the use of the property by the Grantor(s). Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue for any dispute regarding this Easement shall be in Jefferson County,Washington. Termination. In the event that the public use for this facility ceases,this Easement shall ternanite with reversion to Grantor,or successor owners of Grantor's Property,upon abandonment of the Easement li,s,Graptee, Grantee further agrees that all above ground installation will be removed at the sole cost to the,thact0:44.11,the subject area restored to a natural condition. • , Modification. Any modification to this Easement shall be in writing and executedl ,both Gramor and Grantee. It is the intent of the parties to this easement agreement to work together and take all ness.a1y and reasonable action to insure that obstacles to the joint use of this Grantors property that:rnight arissin the future can be overcome, Easement Runs with the land. The burdens and benefits of the Easeme aattnendesd toaltach to and run with Grantor's Property. The terms and conditions of the Easement shall be bindiniurkan and shall inure to the benefit of Grantor.Grantee,and the future owners of Grantor's proeny. Grantor and Grantee agree that to the extent necessary to permit-a leasonabk reading of this Grant of Easement subjects and verbs in the singular"person"shall include and nier to sub-feet awl verbs in the plural"person"and vice-versa_ It is understood and agreed that the delivery of this real proPertyjabitrehy tendered and that the terms and obligations hereof shall not become binding upoja..lefferson County unless and until accepted and approved hereon in writing for Jefferson County,through thetalltalsof County Commissioners. 4MEE-Atli; DATED this W •ay of k) I 7) .2009 ' AL 1/ 'MI NN" ";? MA* if I —7 Af■ LOG ITEM Page 2 of6 API,:601023007 of ) ( JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 20 of 33 • • 1 ATTACHMENT B VETTLESON GRANT OF EASEMENT (Page 3 of 6) 5 per: a of b Oq tOpi7QQ8 04.4#P i*rr.r•an County Aud JEFFERSON COUNT$PUS EASE 87,00 GRANTEE: DATED this c ay of )1 Y.Jil ,2009, Aeeroset Approved By 7r.ereRSON CO JN'iY BOARD OF COMMISSIONERS y! 1.4..,tia ,- _IOC\ ° 'f °r ,t , _b A. Phil ohns. Nn +f ` - I r j : a I David W'..(liven, (raki,< ti w r* �4'.3. J. Member + ter i r )) (. .. IX-■ -1'r ,Da ii '^---- " 'Clerk of the Board 5"%, rrovecl as *∎f/or only- Chief Civil : -. ty / C •; Prosecuting Attorney • � p b6 ''''6'''' .7 0 (7-‘*,:'''- .�� Pagc3ef6 API(601023007 (1,,,,.. "01 ) LOG ITEM ..of _ JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 21 of 33 S I ATTACHMENT B VETTLESON GRANT OF EASEMENT (Page 4 of 6) 0 I 111,1 1 1111111i '11111115ft,..45.74 3 09103/20E0 04 140 Jet ervsn County JEFFERSON COUNTY PUS ME 5750 STATE OFAPosetridh4,...,.,1,_ :as. County of L.4.1e r) e On this Er day of ,2009, before me personally appeatecrMr. Wayne E. Vettleson and Pamela J. Veal to me known to be the individuals that executed,the,,within and foregoing instrument,and acknowledged said instrument to be the free and voluntar at tiA deed of said individuals,for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year first abovril ."-• Notary Public in and"fix the State or 10 ao I a-- Natal Baal JenntiOr Henn,Notary Pubie Residing atleA c (41•-..72 r 4'A - '- P.4 East Consfino .,Lancia.Count! • My Commission - 10/31/2(00 My A :ppciitilment /0/3/ e.7 CP q ( STATE OP WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this oit) day of AIL , 2009, baron, rIts,perannally appeared Phil Johnson. David W. Sullivan and John A P. in, to e known ta'lie ilk-entire body of the Board of Jefferson County Commissioners that executed the foregoing instrittnent,apd acknowledged the said instrument to be the free and voluntary act and deed of said county for fhe,;uiVes and purposes therein mentioned,and on oath stated that they are authorized to extente.the saidkiniftuMent and that the seal affixed is the county seal of said county. fru;d7the Witness my hand and official seal a day year first above written. GIVEN under my hand and official iserithis n— day of ejel 2009, L ON Lilt° COs 11;;;' tary Publk in and for the State of Washington, residing at all,ey‘,(t.0 u SC) my Commission expires - 1?3 11101101.4"- '51'"/ Iv 14it, 4.7 Par 4 of 6 APN 601023007 fy +4:r,e2liViS! . lc , / 11 I JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 22 of 33 0 • ATTACHMENT B VETTLESON GRANT OF EASEMENT (Page 5 of 6) ,i , II list la N +,, IT 1E545593 1 ea tea+woo at ita II 1[1 gill ll' I . Jot f v-son Co.A-11., O. JEFFIEP6644 COUNTY PUB EASE 67 re Eich bit A Coyk Road Commiaications Facility (A portion of APN 601023007) LEGAL DESCRIPTION: That portion of the tract of land as described in the Statutory Warranty Deed recorded under/taclitors Filil No. 534335,records ofJefferson County,located in the South half of the South half of the Nordnaest quarter of the Southwest Quarter of Section 2,Township 26 North.Range I Wert,Willamette MetlditaLgelthlY tkiefrers", State of Washington,lying West of the westerly margin of Coyk County Rood No.40300/,iitorciauficularly described as foilows: ----- '\ _,7-------N ---) J All that portion of the communications facility,lying westerly of the Coyle Coulon Ritsktriglifefway,lotated on the subject parcel,to include a maintenance area lying approximately 5 feet collide of,and coincident with the fence location as depicted on the Survey detail recorded under Auditors's File No.J-18840,Cecords of Jefferson County,with a total area of approximately 620 Sq FL being rectangular:in-shape aficl,approximately 10 feet wide x 62 feet in length further depicted on attached Exhibit 13. (/ ,.... - ----., ( ---,. Containing 0,014 acres more or less \-----, END OF DESCRIPTION C 29/ ''.,. -N■-__ ■.„,,...-,-.„, ...,----.....„..„.„.j.,,,./ C"---, (1(7& 4._ /r, -'-' n ( -------/ -,./ ,,..""-- -,` > - L,/ --,::■.7 ‘--, .---/ Cr---...,,---) Page 3 of 6 APN 601023007 / LOG ITEM __, ..... r _ ,... Page _. s- ye JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 23 of 33 • • ATTACHMENT B VETTLESON GRANT OF EASEMENT (Page 6 of 6) 1 15.40,565"63,AP ]sllsrson Cants A+d AEFFERS l COUNTY PUB EASE 81.N Coyle Repeater Tower Proposed Easement Area EXHIBITB- N P r 1 A ry ? ,� tut 1 0,'1 1;. \ 4 5 1- v T \1ij A(R / 4 1 1 \ Viiiiir i it fill 6 ...si-.-:.-it . ; „ 0 ifr—.-„,— _ - s i . o EASEMENT � � AREA (4` l(1 30' r 9 EASEMENT A X6.2 T Q.FT. 1 ASSESSOR P CEL`NO. 601023007 INSERT DRRAW,IN_ 'FROPM SURVEY IREG3 OED,AN 518830 �`-� PACE OF '615) Jef4Com-Jefferson County Real Property License-version 3-22-2014 Page 24 of 33 Page r. • ATTACHMENT C-1 LEGAL DESCRIPTION OF LICENSOR'S REAL PROPERTY The Licensor's Real Property consists of two Tracts: Tract A: Legal Description of Licensed Premises A and B (Coyle Communications Facility): Beginning at the Southwest corner of Section 2,Township 26 North, Range 1 West,W.M.; Thence North 01°27'51"East, a distance of 1315.39 feet along the We •a- of said Section 2 to the intersection with the North line of the Southwest quarter oft - quarter of said section;thence South 88°32'42" East, a distance of 888.92 feet t. e interse of the said line with the westerly right of way line of Coyle Road as show of s • filed u Auditor's File Number 518830 records of Jefferson County,Washing ,thenc: •rth 08° 16"West along said westerly right of way line of Coyle Road, a dis e of 20.6 fe• • the Tr Point of Beginning; Thence Southwesterly at right angle to the westerl , t of w. • of said • dad,for a distance of 7.1 feet;Thence Northwesterly,for a . - of 51.8 to a point .t lies 5.6 feet at a right angle Southwesterly from said Coyl- : •.d w• ly right . ay 1' said line being identified as Line A,and said point being i► d herei Point A, • e Northeasterly,for a distance of 5.6 feet to the westerly right ay line of sail '•;thenc• 4orthwesterly along said road westerly right of way line,for a d :nce of 4o feet;t e Northeasterly at a right angle to said road right of way line for a dis ce of 18 feet 1 inch, ence Southeasterly along a line parallel with the westerly rig ay lin- Coyle Roa for a distance of 40 feet;thence Southwesterly to a point lying 18.1 • sai• • t A,i s tified herein; thence Southeasterly parallel to the line ide • es ine - • or a distance of 51.8 feet;thence Southeasterly,for a dist. a -- - 20 fee • a p• ing 1 eet Northeasterly at a right angle from the westerly right of - • •• Co .; e Northeasterly at a right angle to the westerly right of way • of said . • Re for a dis ance of 7 feet 1 inch;thence Southeasterly parallel to the w rly •t of way of le Road,for a distance of 4o feet; thence Southwesterly right a , • to the erl :ht of way line of Coyle Road,for a distance of 18 feet 1 inch to westerly rig • way 1 of oyle Road;thence Northwesterly along the westerly right o li f Co 'oar the True Point of Beginning. Tra s re •ed i blue and o .nge on the following page,entitled"Coyle Com 'catio Facih 'ce Premises, March 2014." Tract B: Any portion of th. -ttelson Easement not described by or contained within the metes and bound description of Trac :Bove. Tract B is reflected in the yellow on the following page entitled"Coyle Communications Facility Licensed Premises,March 2014." 3 ITEM 7 Y6 JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 25 of 33 • 411) ATTACHMENT C-2 i I i t i , I 1 1 COYLE GO I KO PNO RAN It COMMUNICATIONS i t I FACILITY I LICENSED PREMISES I MARCH 2014 7 LICENSED PREMISES 5 - t t it, CONilivil) 'CATIONS BUILDING ‘ 0 POINT . 41:- ' ''''- 8 FT HIGH t _< A s i--- .7 WOVEN WI P,E I rn I 7 0 7.'',i:' "\*, SECURITY I t 70 LfA5fMENT 7" tiit- i 0 AUDITOKS FILE NUME3ffR. 545503 , fk ill It 1 1 1 i i!:'!:., i I (it 1 i ' I I rs,.. ' - t t ."..i'-7i...., CELL TOWE" I FOOTPRIN t ' .1i"Oggi t It t LICENSED PREMISES A i L 7•1 0 1•::' I I I i 1 APPROX. It ---1 1 PAVEMENT , 1 s LOCATION It I t t \. 1 I t t `? LICENSED \>.-tr-. G,v".. ...----- 1 Q t PREMISES B it tit ) LO(.. 1TFM , 1 i I (0 0 1 R1 It 1 i 1 1 JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 26 of 33 • S ATTACHMENT D NWREMS CONTRACT (Page 1 of 6) F R O 1 :Jett Co Fire No 2 FPX tom. :3607S Dea, 13 2P2.6 131:2 l'1 F r„ SHORT FORM CONTRACT Amen ur Mike Gard,Adminbtrathe Assistant PROJE TSTTLE Emergency Medical Simian Northwest Regional EMS Cooed 4841 An Carnet Way TYPE OP APPLICATION: (a) Inttlal WA 99912.438* Telephone: (am)47”631 trio harrI M[L1f AGREMO'!1't►'1 • SPECIAL TERMS AND CONDl4YONa The Jeliferion EMS Conan um known ea the CONTRACTOR shad provide the goodiotvinsa eat tbttb in the ibiDowing Stalest ens of Worts t tweed ill it rl WITS, a tiTV 7.47i'1" r 'TRAUMA t" s CARE COMM end the CONTRACTOR is to provide tends to the latter for tine 000timerag development of an Ememeney Mcdiwd'Station and Tlnaeea Cato Syseten. In the eon=oitls egIttaltent.the 001TIRACTOR shall •.•,d,; ;, and in the SI W rL-. .z .t. €=* b1t Subject to its other prcwiaiaaa,the penned of per em eedet this contract.shall be from Date of rut#g1 thmiz b >3n1eu SWUM terminated,ses pluvided.haoin. The Speetat Terms and Cenditens ccnntained s the text°T his matron to sttrunteat and the ettac#bed general Tema and Condkiens null gown all rights and oblignices of the parties to this=alms with the ueeption ofe Tradlnevi"of Assets QS""of the Ormond Tarns and Cosni 'ih4 3podel and Cis outlined Jet R M141t CBI end as stated in Otriblt C through L IN CONSIDERATION WITERSOFt Northwest Regional EMS and Tauten Owe Otentral shall pay to the Coninesor fat thoec acrhrieta provided herein as Solicram r a• ..:3 and 1:r• -. touts puasuaat to those etntwanta outlined§v r.iti:tE °VA. ".g payment . .. �.. loud payment to the Oantred '• se provided ,.. dm omitted.111,1 not ,.___. r, rs ti IT IS FIIRTHER AGREED MAT`* The Ccenractar shall submit invoices oti a timely basis at the intervals premed and on forms provided by Northwest Regional EMS and"Daum Care.Camel La the event of ae fn. steamy ist this contract,renew otheiwlee provided Mann.the incousistency shall be re a tved by gig precedence in the billowing order:(a)Applicable Federal and State Stamm and Regulations.(b)Spend terms oat Conditions.(c)Oct ersl Terms and Via.(d)sty other ptovition of the contract whether incorporated by ref> os This aroma/at canine all the terms and coedhirms arced upon by the pennies. No tether. oral or othentho,regarding the subject tub of this iiirmiseet shell Mat or hind any of the parties hereto. This contract shell be subject to the written approval eras Northwest Regional EMS and Trauma Care Council and sell not be binding until so approved. Only the Contruting Oiliest or hinter designee by written de legattee merle prior to sceioa,stall have the expressed,iwaplied,or apparent authority to alter.araeatd..mod*,or waive arty clams or ccodisica of this.curs . Furthermore,any alteration,anteridmint.stiodffiation,or waiver of any clause or aeration of this oanttaet is not eifective Cr binding unless made is writing and signed by the Oustaming Officer. 13f WITNESS WITEREOPt Northwest Regime/EMS and'faunae Care Council end the Contractor have signed this agrocenent. Date a4 ..� gogrrm, 4" JeffCom-Jefferson County Real Property License-version 3-22-2014 . E Page 27 of 33 'ftt • 0 ATTACHMENT D NWREMS CONTRACT (Page 2 of 6) 'FHM4 :Jere Co Fire Pb 2 FAX KO. 13Va7653 6 Dec. 13 2006 01:21Pti P2 •r EXHIBIT A STATEMENT OF WORK PART V1, COMht CATIONS FROIECTS Thls section of the cpatrsce dmcrib s the ,rope of vomit related to the impro s t/devaiapmeat of Em&geocy Medical Services commaaicatio s fa apealed.arees of the Northwest Region. Sab•Pm B. Jefferson • - The CONTRACTOR shall use.the funds under t&iub part for the purpose of improving EMS oamanani atiiaas of the Jefferson Coaotys area of responsibility,'To fuh EI the purpose of this contract, the CONTRACTOR akaD perform accordrag to the Jefferson County Cammualeatloas Impre enteots Proposal,elated Deoernbcr 10,1992 Tine coNTRACr R shall perform the 1O1low•iinF • L Purchase tad install one(1)Med Net Repeater with antenna aid one(1)Fine Net Repeater with antenna,©nc(1)re eeter shelter and one(1)100 foot tower for the Coyle sita,.by_May 3,1,1993. 2, Make payment for poets for F1, 911 conversion and PCC fees and applications, instil May31,1993. 3. - "Relocate and install Notth Reporter and Antenna to the Port Townsend Water Tower situ,by May 31,1993. 4. Purchase and install Med 3 Duo Seaton at Jefferson General Hoaphal,by M.y 31, 1.993. 5. Ensure that the repeater sites are installed in compliance with all applicable laws, policies and practices. glillthe NORTHWEST REGIONAL EMS AND TRAUMA CARE COUNCIL shall reimburse the CONTRACTOR for-those services identified herein,in an amount(s)not to exceed 386,500.00 41—01/141 P M ca .4!Jae 311,103.' •' 'IV MAMMUMPAYA5I,•IJYMIt NORmwrzrItECION&LEMS AND1IAVNLCAR 5 COUNCIL UNDER PART VI;SW ART A OFT IS AGREEMENT t 386,S110.O0. di LOG ITEM o 30 c-7.-qt JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 28 of 33 I • ATTACHMENT D NWREMS CONTRACT (Page 3 of 6) FROM :Jeff Co Ft re No 2 FFCX O. :3605396C]6 Dec. 13 yS6 01.2181 P3 irk JEkF E�SKN Cp[NTy.111."1 ( �`c, ;� b � , x $ r 4,1 . PLANNING AND BUILDING DEPARTMENT IA.-.41 P.O. Box 12,20 I f.. -A-% ., Art 7F""rooroQ,Blu hirgtan 08368 G �...�i'e -aL, ► ,. } e,c-, ..-.e ms,�—a Martini 2178)J8i�9110 ���'-r.. Hnikiin6(x{15)386 9141 FAX CAO6)985 93167 CnifsWiuld, Director April 20, 1993 offiot Wel Mefford, Sheriff, ' Jefferson County Sheriff's Department 87 Elkin Road i' Port Radloc]c, WA 98339 fc C' cd 1 Re: Coyle Peninsula radio relay t ��+e -1:.-:- ' yr� Y crwer. ~3 A, ti's.+'je Dear Mel: A."' — a ` Craig Ward, zoning +'administrator, I found that it conforms to the requirements, has reviewed your application and l(a)-{d) of tha ., of section IX, subsection County Emergency hdmisistretive Rules, and section 12 of the Jefferson Zoning Ordinance, No. 3-02045-91. Areviews of the relevant provision of the Road that replacement of the County's Edat'gencT Zoning Ordinance,on yl meth a new tower can be processed administratively tower on Coyle Department. Section 12, "mansion, Alteration, or Change that "the expansion, alteration or 5 in use (page a8)existing conforming or nonconforming ' change in use oP any existing ordinance." Bus to the ambiguity use is subject to the provisions of this ore Zoning Administrator ue to has guity inherent in this sweeping etateMent define and clarify this language. ted ac iniatrative rules to ` o further In this regard, section IX In c regard, of the administrative rules staters minor etrativel `b alteration or change in use that a ad Administrative Aybeyathe Zoning Administrator (see pages may and 18 of approved ki—tb' D 2iir-++ y+ .1' ..P_ r;• t•t:l; e. ails r 1 LOG ITEM d Page 29 of 33 JeffCom-Jefferson County Real Property License-version 3-22-2014 • ATTACHMENT D NWREMS CONTRACT (Page 4 of 6) 4"Run : its Co Fire We 2 FAX MI :3607653960 Dec. 13 2D26 01:21.141 P4 Thank you for your patience in resolving this matter, very truly yours. ' `. Eric Toews, Associate Planner cc: Craig Ward, Director Michelle Wood, Permit Technician LG ITEM VD 2 .9)/ ®f_„ JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 30 of 33 S • ATTACHMENT D NWREMS CONTRACT (Page 5 of 6) OFF 1 :Jeff Co Fire No 2 FAX Mt]. :3937653360 5360 Deo. 13 2006 01:22Pt1 P5 AIRY W3 "93 16:43 BAKER atiSTRUCTION INC. P.1 AKER rW �TR N). INC. diVillGrifiSe ft 327 BACIAERTON. WA 98310 LETTER ' t3 i3 377 FAX-(200 377.4888 0647f,01/,* 441,9 r+2.0 Oslo r* 347., 7 !/ , -.774 r-+er"+t,' f i ' ' ?GS- 4-s" e- a'S'G p r40-0 4,orlftd a.niC. e ash" .. 44e4t C.r : 11.04 APv-/-oS*, goo cr 4.--/f-71.w..J..S• - .._ _ _ f POW**tePtY No reply necessary •1 l;2‘.‘ .■ a. JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 31 of 33 °, • ATTACHMENT D NWREMS CONTRACT (Page 6 of 6) •F 1 :Jeff Co Fire fig 2 FMK 143. :3607633960 Dec. 13 2086 11:56 AM Fl Itemized Inc/Exp Account Report 6/ 1/93 Through 6/30/93 Page 1 RZOI0N.L EMS CIL-All Acc©uJ'it6 /34/93 Data Acct Nue Desoription Memo ProjectClr Amount INCOME/ESP6NBE KIPMasE S PART vat 80S-PRAT e 6/30 Payable 579667 HOT0P.OI.A, INC. COMUNIATION C; '93 JP -6,492.80" 6/30 Payable 0295 NANON IEf0INEHRINO, INCOMNUNIC'ATION '93 J6 -385.4ir 6/30 Payable 5253004 GREEN TREY CTICAT00ICRTION '93 JI -6.212.25•- 6/30 Payable 6093045 GREEN TREE 0CIM0NI ATC010CIINICRTION '93 JE -3,449.60-- 6/30 Payable 6093046 GREEN TREE 00013lUNICAT00 ICATION '93 JE -754.60- 6/30 Payable 127658 PItIHUB ELICIJe*ICS corn QWN3CA ()N '99 JE -1,619.S0- 6/30 Payable 689085 MOTOROLA, INc. C 0SI WUNICATIOd '93 JE -3,666.64- 6/30 payable 61593 MANOR 26CI)EERING, I140000WONICATION '93 JE -2,269.50- 6/30 Payable 659688 MOTOROLA, INC. COMMUNICJ►TION '93 JI 175.63 6/30 Payable 1013 RARIR CONSTRUCTION, ICORHUNICATION '93 JR -50,922.56- 6/30 Payable 556434 MOTOROLA, INC. COMMUNICATION '93 J8 -101.33- 8/30 Payable 6093047 GREEN TRAM communICATcommtatICATION '93 JR -2,371.60- 6/30 Payable 214370 CONTAINER 6T0R. R, IN. 49 #013 '93 JE -4,377-76- 6/3o payable 1879 ERIC BARTU ZLEcTRIC JENS 0014 '93 J2 -3,234.00- 6/30 payable R 48792 =CICBOm ELECTRCNIC3 JEMS #015 '93 JE -167.76 TOTAL SOB-PART 8 -86,500.00 TOTAL PART VI -86,500.00 TOTAL RXPBXses -86,500.00 TOTAL INCOME/EXPENSE -06,600.00 L DG IT' ,.M JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 32 of 33 • S ATTACHMENT E LICENSED PREMISES Real Property Address: 8640 Coyle Road,Quilcene,WA 98376 Licensed Premises A: Is that area within and including the "8'HIGH WOVEN WIRE SECURITY FENCING" as depicted below having general dimensions of eighteen point one (18.1) feet by fifty point eight(50.8) feet and an area of approximately nine hundred nineteen point forty-eight (919.48) feet,which also includes the additional area labeled "Expansion Area" measuring twenty (20) feet by eleven 11) feet. as shown in the drawing found at Attachment C-2. Licensed Premises B: Includes certain real property within the Cou ty -of-way, s ically two areas each measuring 40'north to south and 18'1"east to west,one imm ely n. • of Licens- 'remises A and another immediately below Licensed Premises A as shown in the ing foun. 'ttachme -2. More specifically described in Attachments C-1 and C-2. 6o JeffCom-Jefferson County Real Property License-version 3-22-2014 Page 33 of 33 • • Zoe Ann Lamp From: Vicki Hutchison Niederkorn [vhniederkorn @gmail.com] Sent: Wednesday, March 26,2014 2:44 PM To: Zoe Ann Lamp Cc: Stacie Hoskins;John Austin; Carl Smith Subject: MLA 13-00116 AT&T Dear Ms Lamp, I wish to thank you for your time and assistance during our recent meeting regarding the current status of AT&T's permit process for a proposed 200' cell tower at 9395 Coyle Road. As you are aware, this proposed site is very close to my retirement home at 265 Blueberry Hill and such a tower would have a significantly negative impact on myself and all the residents of Blueberry Hill. As such, I would like to make the following suggestions partially based on the letter sent to you by Mr Byron Gunnerson, Gunnerson's Consulting and Communication Site Services, LLC, dated 2/18/14 regarding MLA 13-00116. 1. COVERAGE DEFICIENCIES Please require AT&T to provide a neutral 3rd party analysis depicting any coverage deficiencies based upon all of Mr. Gunnerson's criteria. Such a 3rd party need be agreed upon by Jefferson County, JeffCom911 and AT&T in order to maintain Jefferson Counties supposed neutral position on this matter and would be at the expense of AT&T since they bear the burden of proof. 2. CLUTTER Please take note that Mr. Gunnerson indicates that the current JeffCom911 tower at 100 feet has better clearance of clutter than the proposed 200 foot AT&T tower would have which makes the proposed site less able to meet the objectives of AT&T than the current JeffCom911 tower. LOG i Lf 1 Fags 6 of i • Mr Gunnerson also indicates that the current JeffCom911 site is higher to begin with than the proposed site so if AT&T installed a new tower or added height to the current JeffCom911 tower it would meet their objectives better than the proposed site even with a 200' tower. 3. MODIFICATIONS Please note that JeffCom911 is "open and willing" to allow AT&T to modify or add height to the current tower or even build a new tower so any coverage deficiency concerns would be eliminated by such modifications 4. ENTRY AND TESTING AGREEMENT Please ask AT&T why colocation was acceptable to them in May 2011 and not now? Please ask AT&T why AT&T project manager Joe Riddle was quoted as saying that the Coyle Road Tower was the "Best practical location" in 7/18/2012. WHAT HAS CHANGED? Mr. Gunnerson's report is very revealing with a significant amount of supportive documentation showing why colocation on the JeffCom911 Coyle Road Tower is a viable option for AT&T that would meet their objectives and avoid destroying the community of Blueberry Hill by constructing a new tower so close to their residences. I implore Jefferson County to encourage AT&T to reevaluate colocation with JeffCom911 and to abandon their efforts to install a new 200' tower at 9395 Coyle Road. Thank you, Vicki Hutchison Niederkorn 808-896-3394 # (00 ill Pa : Flo nt, 2 • • Zoe Ann Lamp From: Ken Shock[sailboi @gmail.com] Sent: Thursday, March 27,2014 3:57 AM To: John Austin; David Sullivan; Phil Johnson Cc: Zoe Ann Lamp; Stacie Hoskins;Carl Smith; Keith Morris; bonnie @storyboardproductions.com;Terri Naughton; Marilyn&Gary; Gary Williams;Vicki Hutchison Niederkorn; Dennis Schultz;Scott Shock; Richard Hild;Jim Boyer; Linda Atkins; Suzanne Martin; George Sickel;jim kennedy; Larry Hovde;ellen grus;Toandos;Val Schindler; Bud Schindler; Ben Ezzell; larry and karen; Larry Carter Subject: Re: MLA 13-00116 AT&T to: Jefferson County Commissioners, staff @ DCD, staff @ Jeffco Dept of Health, concerned citizens Dear All Subsequent to our purchase of lot #1 in the Blueberry Hill subdivision for the purpose of building a home for our daughter's family, we were forced by Jefferson Co DCD to enter into a wetland protection process. This process, intended to protect a natural feature, entailed the expenditure of over $20,000 and two years of frustration, before a building permit was issued. The process had nothing to do with protecting humans, only nature. This was not the end of the protection costs, unfortunately. Septic contractor Dan Morger dug what he felt were sufficient test holes for a pressure system, His view was verified by designer Suzanne Martin and engineer John Flemming. However, Health Department top gun Linda Atkins over ruled all of these professionals in a face to face meeting - forcing us to build a sand mound system at an additional cost of about $8,000. Again nature was protected zealously - at our cost. My question as a taxpayer is, what is the government of Jefferson County doing to protect my family ?? I am paying approximately $6,000 per year on 5 properties, that money helps finance a government that allows an application to be filed for this Cell tower to be built within a few hundred feet of my grand-kid's and my neighbor's bedrooms. Where is the Health Dept now 777222 Who is going to pay for the destruction of my property value, and my family's health ???? http://www.naturalnews.com/o44464 cell towers EMF pollution mental confusion.h tml (this sort of damage will obviously be inflicted on surrounding natural systems, also) You people need to wake up. How can a Federal ruling 3o years ago, precluding health considerations in cell tower location, protect you people if you expose us to a clear and present danger. Do you think the courts will ignore the science that has come forward in all those years. This tower gets approved there is going to be a civil suit for damages, it will likely be a class action. I promise you folks that you can all expect to be named. Sincerely, Ken Shock, Gen Part. 1 6o 3e V4 • ! Horizon Holdings Family Limited Partnership PO Box 1220, Captain Cook, Hawaii 96704 808-328-8234 On Wed, Mar 26, 2014 at 2:43 PM,Vicki Hutchison Niederkorn<vhniederkorn@a gmail.com>wrote: Dear Ms Lamp, I wish to thank you for your time and assistance during our recent meeting regarding the current status of AT&T's permit process for a proposed 200' cell tower at 9395 Coyle Road. As you are aware, this proposed site is very close to my retirement home at 265 Blueberry Hill and such a tower would have a significantly negative impact on myself and all the residents of Blueberry Hill. As such, I would like to make the following suggestions partially based on the letter sent to you by Mr Byron Gunnerson, Gunnerson's Consulting and Communication Site Services, LLC, dated 2/1 8/14 regarding MLA 13-00116. 1. COVERAGE DEFICIENCIES Please require AT&T to provide a neutral 3rd party analysis depicting any coverage deficiencies based upon all of Mr. Gunnerson 's criteria. Such a 3rd party need be agreed upon by Jefferson County, JeffCom911 and AT&T in order to maintain Jefferson Counties supposed neutral position on this matter and would be at the expense of AT&T since they bear the burden of proof. 2. CLUTTER Please take note that Mr. Gunnerson indicates that the current JeffCom911 tower at 100 feet has better clearance of clutter than the proposed 200 foot 04 2 3 , • • AT&T tower would have which makes the proposed site less able to meet the objectives of AT&T than the current JeffCom911 tower. Mr Gunnerson also indicates that the current JeffCom911 site is higher to begin with than the proposed site so if AT&T installed a new tower or added height to the current JeffCom911 tower it would meet their objectives better than the proposed site even with a 200' tower. 3. MODIFICATIONS Please note that JeffCom911 is "open and willing" to allow AT&T to modify or add height to the current tower or even build a new tower so any coverage deficiency concerns would be eliminated by such modifications 4. ENTRY AND TESTING AGREEMENT Please ask AT&T why colocation was acceptable to them in May 2011 and not now? Please ask AT&T why AT&T project manager Joe Riddle was quoted as saying that the Coyle Road Tower was the "Best practical location" in 7/18/2012. WHAT HAS CHANGED? Mr. Gunnerson's report is very revealing with a significant amount of supportive documentation showing why colocation on the JeffCom911 Coyle Road Tower is a viable option for AT&T that would meet their objectives and avoid destroying the community of Blueberry Hill by constructing a new tower so close to their residences. I implore Jefferson County to encourage AT&T to reevaluate colocation with JeffCom911 and to abandon their efforts to install a new 200' tower at 9395 Coyle Road. Thank you, Vicki Hutchison Niederkorn 808-896-3394 3 4/U (-11C • • 4 • • Zoe Ann Lamp From: Vicki Hutchison Niederkorn[vhniederkorn©gmail.com] Sent: Tuesday,April 01,2014 5:16 PM To: Zoe Ann Lamp Cc: John Austin;Stacie Hoskins; Carl Smith Subject: MLA 13-00116 proposed AT&T cell tower at 9395 Coyle Road Dear Ms Lamp, In our recent conversation, you claimed that it was "beyond your scope" to request AT&T to do a "BALLOON FLIGHT" to accurately simulate the visual impact a 200 foot cell tower would have on the surrounding communities including my own neighborhood of Blueberry Hill. I adamantly disagree with your assessment of what the scope of your job is on this matter. In fact, it is well within the scope of your job as well as your absolute responsibility to ensure that AT&T provide Jefferson County and it's residents an accurate picture of what the visual impact of a 200 foot cell tower would be on the surrounding area. AT&T has provided Jefferson County "before" and "after" pictures of EMPTY SPACE making the FALSE CLAIM that a 200 foot cell tower extending 120 - 140 feet above the tallest of the surrounding trees(60 - 80 feet) would have no negative visual impact on it's neighbors. THAT IS ABSURD! Jefferson County, in it's neutral position on this matter, surely cannot accept pictures of EMPTY SPACE as 6o �� I/6 • s accurate depictions of the visual impact of this 200 foot cell tower. Please require AT&T to do a BALLOON FLIGHT at 200+ feet utilizing a highly visible balloon from the exact proposed cell tower site with documentation from multiple positions of the simulated visual impact on the surrounding area. Please ensure that the public is notified well in advance of the date/time of the balloon flight, including all parties of record. Please ensure that the parties of record be invited to both observe the balloon flight and to participate in the actual process of the balloon flight including but not limited to choosing angles from which the pictures be taken and/or taking pictures themselves to submit to Jefferson County. Please request permission from the property owner of the proposed cell tower site for the parties of record to have an escorted visit to the site in order for them to better evaluate the impact such a tower would have on their nearby residences. I appreciate your time and assistance in this matter. Vicki Hutchison Niederkorn 808-896-3394 OG ITEM 0 4 k:,.y �`W...F 2 ! • Zoe Ann Lamp From: Bryon.Gunnerson @gmail.com Sent: Wednesday, May 07,2014 9:05 AM To: Zoe Ann Lamp Cc: Karl Hatton Subject: RE:AT&T 200ft Application_ZON13-00039 Zoe, My experience in the past would have included that the applicant to exhaust all the other options. To date,AT&T hasn't contacted us about a lease or other qualifying issues that would indicate that they have excluded the potential use of the JeffCom/Jefferson County tower on Coyle. Thanks for the update. GCC S`' Bryon Gunnerson Gunnerson Consulting and Communication Site Services,LLC 231 River Run Rd Sequim,WA 98382 http://wvvw.gunnersonconsulting.com/ +1-425-829-3333 Cellular +1-844-333-3600 Toll Free CONFIDENTIAL,PROPRIETARY and PRIVILEGED:The information contained in this e-mail and any attachments constitutes proprietary and confidential information of Gunnerson Consulting and Communication Site Services,LLC and its affiliates.This communication contains information that is proprietary and may be subject to the work product or other privilege or otherwise legally exempt from disclosure even if received in error.The communication is intended for the use of the addressee only.If you are not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error, please immediately notify us by return e-mail and destroy any copies,electronic,paper or otherwise,which you may have of this communication. Any and all information contained herein is not in any way to be considered legal,financial or real estate advice. From: Zoe Ann Lamp [mailto:ZLamp @co.jefferson.wa.us] Sent: Monday, May 05, 2014 3:43 PM To: Bryon.Gunnerson @gmail.com Cc: Karl Hatton Subject: RE: AT&T 200ft Application_ZON13-00039 They were granted an extension to provide the information by May 25, 2014. Our department would likely grant another extension. Historically we have been very flexible extending additional information request due dates. Zoe Ann From: Bryon.Gunnerson@agmail.com [mailto:bryon.gunnerson@igmail.com]. Sent: Monday, May 05, 2014 3:18 PM To: Zoe Ann Lamp Cc: Karl Hatton Subject: RE: AT&T 200ft Application_ZON13-00039 Zoe Ann, —GG ITEM _ 1 '3 of • • I'm not surprised because they can't obtain a lease with the landowner and would therefore not have a reason for the permit. When does their clock run out for the County? 1 Aistfrs)(1\IIIL rte.. Bryon Gunnerson Gunnerson Consulting and Communication Site Services,LLC 231 River Run Rd Sequim,WA 98382 http://www.gunnersonconsulting.corn/ +1-425-829-3333 Cellular +1-844-333-3600 Toll Free CONFIDENTIAL,PROPRIETARY and PRIVILEGED:The information contained in this e-mail and any attachments constitutes proprietary and confidential information of Gunnerson Consulting and Communication Site Services,LLC and its affiliates.This communication contains information that is proprietary and may be subject to the work product or other privilege or otherwise legally exempt from disclosure even if received in error.The communication is intended for the use of the addressee only.If you are not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error, please immediately notify us by return e-mail and destroy any copies,electronic,paper or otherwise,which you may have of this communication. Any and all information contained herein is not in any way to be considered legal,financial or real estate advice. From: Zoe Ann Lamp [mailto:ZLamp @co.jefferson.wa.us] Sent: Monday, May 05, 2014 1:17 PM To: Bryon.Gunnerson @gmail.com Cc: Karl Hatton Subject: RE: AT&T 200ft Application_ZON13-00039 AT&T has not responded. Zoe Ann From: Bryon.Gunnerson @ gmail.com [mailto:bryon.gunnerson @gmail.com] Sent: Monday, May 05, 2014 1:06 PM To: Zoe Ann Lamp Cc: Karl Hatton Subject: AT&T 200ft Application_ZON13-00039 Zoe Ann, Did AT&T ever respond and did your office make a determination? .4111"),\ wAst∎ gem t, Bryon Gunnerson Gunnerson Consulting and Communication Site Services,LLC 231 River Run Rd Sequim,WA 98382 http://www.gunnersonconsulting.com/ +1-425-829-3333 Cellular +1-844-333-3600 Tol oG ITEM (06 2 4 .p6E.... • • CONFIDENTIAL,PROPRIETARY and PRIVILEGED:The information contained in this e-mail and any attachments constitutes proprietary and confidential information of Gunnerson Consulting and Communication Site Services,LLC and its affiliates.This communication contains information that is proprietary and may be subject to the work product or other privilege or otherwise legally exempt from disclosure even if received in error.The communication is intended for the use of the addressee only.If you are not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error, please immediately notify us by return e-mail and destroy any copies,electronic,paper or otherwise,which you may have of this communication. Any and all information contained herein is not in any way to be considered legal,financial or real estate advice. 3G ITEM 3 -- � Hof �h i • Zoe Ann Lamp From: Bryon.Gunnerson©gmail.com Sent: Monday, May 12,2014 4:17 PM To: Zoe Ann Lamp Cc: Karl Hatton; brett.reall @gccss.net Subject: LB_JeffCom_Coyle Road_AT&T Application Zoe, We received a strange call from AT&T's site acquisition group in Portland,a Phil Anderson,today. o He offered the new tower to be available to JeffCom when it's installed. Brett and I called Phil back to verify what the offer was and we were distinctly told that: o JeffCom could apply for space on the tower when it's complete,with no guarantee of acceptance of the application or any terms. o When we asked if they were going to honor the offer we made,the answer was no. o As you know,Jefferson County and JeffCom have resolved all of their issues for the Coyle Road tower that is already installed and JeffCom has no interest in collocation on the new AT&T tower. y We asked when AT&T was going to discuss collocating on the Jefferson County-JeffCom Coyle road tower and we were informed that they didn't want to discuss this. o It appears that AT&T is still not making any attempt to seek availability on existing towers. o We have reached out to AT&T several times. GCCSS Bryon Gunnerson Gunnerson Consulting and Communication Site Services,LLC 231 River Run Rd Sequim,WA 98382 hnp://www.gunnersonconsulting.com/ +1-425-829-3333 Cellular +1-844-333-3600 Toll Free CONFIDENTIAL,PROPRIETARY and PRIVILEGED:The information contained in this e-mail and any attachments constitutes proprietary and confidential information of Gunnerson Consulting and Communication Site Services,LLC and its affiliates.This communication contains information that is proprietary and may be subject to the work product or other privilege or otherwise legally exempt from disclosure even if received in error.The communication is intended for the use of the addressee only.If you are not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error, please immediately notify us by return e-mail and destroy any copies,electronic,paper or otherwise,which you may have of this communication. Any and all information contained herein is not in any way to be considered legal,financial or real estate advice. 1 r`a0`4- of g4,