ORD 19-011ORDINANCE NO. 19-011
AN ORDINANCE GRANTING NEW CINGULAR WIRELESS PCS, LLC A
LICENSE TO ATTACH WIRELESS INSTALLATIONS ON CERTAIN
PUBLIC STRUCTURES AND TO UTILIZE CERTAIN PUBLIC
INFRASTRUCTURE WITHIN THE CITY OF CAMAS, WASHINGTON.
WHEREAS, New Cingular Wireless PCS, LLC ("New Cingular") has been granted a non-
exclusive franchise with the City of Camas for a period of ten years for the operation of wireless
communications facilities within the City right-of-way pursuant to Ordinance No. 19-01 0; and
WHEREAS, pursuant to Camas Municipal Code 18.35.040E, additional ancillary
agreements may be required associated with the attachment of wireless installations to public
structures and for the utilization of infrastructure; and
WHEREAS, New Cingular and the City have negotiated the terms of a "License Agreement
for Wireless Installations on Public Structures" attached hereto as Exhibit "A".
NOW, THEREFORE, the Council of the City of Camas do ordain as follows:
Section I
Grant of License
The License Agreement for Wireless Installations on Public Structures attached hereto as
Exhibit "A" is hereby granted according to its terms. The Mayor is hereby authorized to execute said
License Agreement on behalf of the City of Camas.
Section II
This Ordinance shall take force and be in effect five (5) days from and after its publication
according to law.
tJ
PAS SED BY the Council and APPROVED by the Mayor this c1L_ day of
SIGNE~"-~ ~
Mayor
Clerk
APPROVED as to form:
City Attorney
LICENSE AGREEMENT FOR
WIRELESS INSTALLATIONS ON PUBLIC STRUCTURES
This License Agreement For Wireless Installations on Public Structures ("Agreement") is made
and entered into as of the Effective Date by and between the City of Camas ("Licensor") and NEW
CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company ("Licensee").
RECITALS
WHEREAS, Licensee seeks to attach Wireless Installations to certain Structures and to utilize
certain Infrastructure upon the terms and conditions set forth below;
WHEREAS, Licensor is willing to accommodate Licensee's non-exclusive use of such Structures
and Infrastructure in accordance with Laws and the terms and conditions of this Agreement; and
WHEREAS, concurrently with the execution of this Agreement, Licensor and Licensee are entering
into a Franchise Agreement pursuant to which Licensee may construct, maintain, operate, replace and repair
wireless communications facilities in, along, under, through and below Licensor's public rights-of-way;
and
WHEREAS, any capitalized terms in this Agreement shall have the meaning ascribed to them in
Exhibit 1 attached hereto and incorporated herein by reference.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby
conclusively acknowledged, the Parties agree as follows:
1. GRANT OF LICENSE
1.1 Grant of License. To the extent not already governed by Laws, Licensor hereby grants
Licensee a license for Licensee's use of the Licensed Site as necessary to utilize, replace or upgrade
Licensor's Structures and Infrastructure, as provided herein and as provided in the individual Site License
Agreements signed by the Parties pursuant to this Agreement. The license granted herein is revocable only
in accordance with the terms and conditions of the Agreement. No use of Licensor's Structures or
Infrastructure under this Agreement shall create or vest in Licensee any ownership or property rights in
such Structures or Infrastructure. Nothing in this Agreement grants Licensee the right to make any Wireless
Installation, or to install other facilities, including Wireless Installations, that do not conform to this
Agreement.
1.2. Permitted Use. Licensee may use Licensor's Structures and Infrastructure for the Permitted
Use, subject to the terms and conditions of this Agreement.
2. TERM
2.1 Agreement Term. This Agreement shall commence as of the Effective Date, and, if not
lawfully terminated sooner, remain in full force and effect for the Agreement Initial Term. The Agreement
will be automatically extended for three (3) successive five (5) year renewal terms, unless: (i) Licensee
provides Licensor written notice of termination at least ninety (90) days prior to the expiration of the
Agreement Initial Term or the then applicable renewal term, as the case may be, or (ii) with respect to the
second renewal term or third renewal term, Licensor provides Licensee notice of its intent not to
renew at least at least three hundred sixty five (365) days prior to the expiration of the first renewal
term or second renewal term, as the case may be.
2.2 Site License Agreement Term.
(a) The initial term for each individual Site License Agreement shall commence on
the Commencement Date and shall be for the Site License Initial Term. Promptly following Licensee's
receipt of Licensor's written request, the Parties shall confirm in an Acknowledgment the Commencement
Date and expiration date of the Site License Initial Term.
(b) Each Site License Agreement shall be automatically extended for up to three (3)
successive Site License Renewal Terms unless Licensee notifies Licensor in writing of Licensee's intent
License Agreement for Wireless Installations on Public Structures 11.16.18
not to renew the Site License at least thirty (30) days prior to the expiration of the Site License Initial Term
or the then applicable Site License Renewal Term, as the case may be.
(c) Notwithstanding anything herein, no Site License Agreement which was signed
during the Term of the Agreement shall survive beyond the expiration or earlier termination of this
Agreement, it being the intent of the parties that each Site License Agreement shall be coterminous with
this Agreement, and upon the expiration or earlier termination of this Agreement, Licensee shall submit to
Licensor for its review and approval, which shall not be unreasonably withheld or delayed, Licensee's plan
for abandonment or removal its Wireless Installations then attached to Licensor's Structures.
3. CHARGES, BILLING AND PAYMENT
3.1 Annual Fee.
(a) Licensee shall pay Licensor a Fee of Two Hundred Seventy and No/100 Dollars
($270.00) per Wireless Installation located in Licensor's right-of-way for each year of the Site License
Term. The Fee is per Wireless Installation, and inG.ludes all Structure, Infrastructure, appurtenant equipment
and facilities used in connection with each Wireless Installation. Except in the event of a voluntary
termination of a Site License Agreement pursuant to Section 13.4(b) below, the Fee will be prorated for
any partial year based on a 360-day calculation.
(b) The Fee may be revised once per calendar year to an amount that is calculated
pursuant to the terms and conditions of the FCC 2018 Order, calculated pursuant to a cost study which has
been reviewed, adopted and approved by Licensor's City's Council and is not subject to further appeals or
subject to a complaint before a competent regulatory agency or court. After the revised Fee is final as
described in the preceding sentence, Licensor shall provide Notice to Licensee of the Fee in accordance
with the notice requirements of this Agreement. The Fee payable under this Agreement will adjust to
Licensor's Cost starting with Fee payments that are due at least 90 days after the date of such notice.
(c) Licensor hereby represents and warrants as of the date hereof and covenants and
agrees from and after the date hereof that none of the rates or fees offered to any other entity with respect
to Wireless Installations is or will be more favorable than the Fee under this Agreement. If Licensor
agrees to a rate or fee that is more favorable than the Fee under this Agreement, Licensee shall be entitled
under this Agreement to such rate or fee on and after the date such rate or fee becomes effective.
3.2 Timing of Payment. Licensee shall make the first payment of the Fee under any Site
License Agreement within ninety (90) days of the full execution of the Acknowledgment. Thereafter, the
Fee shall be paid on or before each anniversary of the Commencement Date during the Site License Term.
3.3 Billing and Payment Generally. All bills and other requests for payment to Licensor under
this Agreement (other than the payment of the Fee) shall be presented in writing to Licensee and
accompanied with reasonable substantiation of the costs incurred by Licensor. Properly presented invoices
shall be paid by Licensee within ninety (90) days of receipt of invoice accompanied by such substantiation.
All charges payable under this Agreement shall be billed by Licensor within one (1) year from the end of
the calendar year in which the charges were incurred. Any charges beyond such period shall not be billed
by Licensor, and shall not be payable by Licensee.
4. SITE LICENSE PROCESS
4.1 Site License Application. Subject to Section 4.4 below, before installing any new or
additional Wireless Installation onto any Structure or utilizing any Infrastructure, Licensee shall apply for
a Site License Agreement from Licensor using a Site License Application in the form attached as Exhibit 2.
Licensee will identify in the Site License Application any Licensor Work it believes needs to be performed
in connection with Licensee's use of the Structure and/or Infrastructure.
4.2 Processing of Site License Application. Unless Laws provide otherwise, Licensor will take
reasonable steps to notify Licensee of the specific deficiencies in any Site License Application within ten
(10) days of its submission. If the initial Site License Application is incomplete, the review timeframe will
License Agreement for Wireless Installations on Public Structures 11.16.18 2
be reset upon resubmittal of the missing documents. If a resubmitted application is deemed incomplete, the
review timeframe will pause (not reset) until the missing information is submitted. Licensor will take
reasonable steps to approve or reject each Site License Application within sixty ( 60) days of its submission
for sites that have existing Poles, and ninety (90) days for Sites that do not have an existing Pole. Licensor
may, on Technical Grounds, deny all or part of a Site License Application, or limit the number and/or
technical characteristics (e.g., weight or size) of any Wireless Installation on any Structure or Infrastructure.
In the event Licensor determines, based upon Technical Grounds, that inadequate space or structural
capacity exists on its Structure(s) or inadequate space or capacity exists on its Infrastructure to
accommodate any proposed Wireless Installation, Licensee may elect to have such Structure(s) replaced or
upgraded as part of Licensor Work or such Infrastructure replaced or upgraded as part of Licensor Work,
at Licensee's sole expense, with Structure(s) or Infrastructure with adequate space and structural capacity
to accommodate the proposed Wireless Installation. In the event of rejection on Technical Grounds of a
Site License Application, Licensor shall provide a written explanation to Licensee of the basis for the
rejection. In the event that Licensor approves Licensee's Site License Application, then the Parties shall
promptly proceed in good faith to sign and deliver a Site License Agreement for the Wireless Installation
in the form attached as Exhibit 3 fully consistent with Licensor's approval of the Site License Application.
4.3 Consolidated Site License Application. For small cell networks involving Wireless
Installations on multiple Structures and/or Infrastructure, Licensee may, in its discretion, file a consolidated
application for utilization of multiple Structures and Infrastructure, and upon approval by Licensor, the
Parties shall enter into a separate Site License Agreement for each approved Structure and/or Infrastructure
location.
4.4 Modifications and Replacements. Except for any Wireless Installation installed upon a
decorative Structure or upon a Structure located within either a scenic or historic district, subsequent to the
original Wireless Installation approved by Licensor, Licensee may, without submitting a new Site License
Application, modify or replace all or a portion of the Wireless Installation so long as such modification or
replacement (a) results in the installation of equipment within the spaces designated or depicted in the Site
License Application and (b) the resulting installation does not increase the load on the applicable Structure
or the utilization of the Infrastructure beyond the loading or utilization, if any, that was established in the
original Site License Application. Licensee shall still be required to notify the Licensor of the work and
obtain any other permits required by the Camas Municipal Code to complete the work.
4.5 Pre-Approved Wireless Installations. Once a Wireless Installation design has become a
Pre-Approved Wireless Installation for Licensee's use of a Structure and/or Infrastructure, then Licensee
shall be allowed to install a Wireless Installation using any such Pre-Approved Wireless Installation without
further land use review or approval by Licensor, subject to space and structural capacity and loading review
by Licensor during the building permit review process. All other municipal reviews and approvals,
including the execution of a Site License Agreement, building permits and right of way permits, shall apply
to the installation of any Pre-Approved Wireless Installation.
4.6 Additional License and Permits Required by Camas Municipal Code. To the extent not in
contravention of any applicable Law, Wireless Installations will be installed, operated and maintained by
or on behalf of Licensee in accordance with applicable provisions of the Camas Municipal Code regulating
wireless communications facilities. Licensee or its designee may be required to apply for and obtain
additional permits from the Licensor, including but not limited to a permit issued by the Licensor for work
performed within the rights-of-way, prior to Licensor issuing a Site License Agreement. Execution of this
Agreement or any Site License Agreement does not constitute the issuance of a Permit.
5. LICENSOR WORK FOR STRUCTURES AND INFRASTRUCTURE
5.1 Licensor Work. At the time of approving the Site License Application, Licensor will
advise Licensee whether Licensor is willing to perform Licensor Work identified in the Site License
Application. If Licensor indicates it is willing to perform the Licensor Work, Licensor will provide Licensee
with a Licensor Work Cost Estimate within fourteen (14) days of Licensor authorizing the Site License
License Agreement for Wireless Installations on Public Structures 11.16.18 3
Agreement in accordance with Section 4.2, unless Laws provides a different deadline. Licensee shall have
sixty ( 60) days from the receipt of such a Licensor Work Cost Estimate to accept the estimate, unless Laws
provides a different deadline.
5.2 Licensor Work Time line. Licensor will begin Licensor Work promptly after it has received
Licensee's Approved Licensor Work Cost Estimate and full payment thereof and complete all Licensor
Work within sixty (60) days thereafter. IfLicensor does not indicate that it is willing to perform the Licensor
Work, Licensee may perform the Licensor Work itself.
5.3 Licensor Work Reconciliation. If the actual and reasonable costs incurred by Licensor in
completing a Licensor Work exceed the pre-paid Approved Licensor Work Cost Estimate, Licensee shall
pay Licensor the shortfall amount of such costs within ninety (90) days of receipt of the invoice
accompanied by reasonable substantiation. If such Licensor Work costs are less than the pre-paid Approved
Licensor Work Cost Estimate, Licensor will refund the excess Licensor Work payment to Licensee within
ninety (90) days following completion of the Licensor Work. No interest shall accrue on any Licensee
overpayment or underpayment for Licensor Work
5.4 Costs To Rearrange/Adjust Facilities of Others. If a Person, other than Licensor, must
rearrange or adjust any of its facilities to accommodate a new Wireless Installation, Licensee shall
coordinate such activity at Licensee's sole expense; provided, however, that Licensee shall not be
responsible for any third-party or Licensor costs necessary to correct third party or Licensor attachments
that are non-compliant with Laws.
6. GENERAL LICENSEE OBLIGATIONS
6.1 Technical Requirements and Specifications. At its own expense, Licensee shall erect,
install, repair and maintain its Wireless Installations in safe condition and good repair in accordance with
(a) the requirements and specifications of Safety Codes; (b) Licensor's reasonable standards, and (c) any
current or future rules or orders of the FCC, the State public utility commission, or any other federal, state
or local authority having jurisdiction. Changes to the requirements, specifications, standards, rules and
orders in subsections (a), (b) and (c) shall not apply retroactively unless required by Laws, and Licensor
shall give at least sixty ( 60) days' written notice of changes to the standards in subsection (c).
6.2 No Liens. Licensee will not allow to exist any lien with respect to any Structure or
Infrastructure or other Licensor property or facility resulting from any work performed by or on behalf of
Licensee pursuant to this Agreement, or any act or claim against Licensee or any of its contractors, agents,
or customers. Licensee will, at its sole expense, promptly bond or otherwise discharge any such lien within
thirty (3 0) days of receipt of written notice form Licensor of the existence of such lien.
6.3 Worker Qualifications; Responsibility for Agents and Contractors. Each Party shall ensure
that its employees, agents or contractors which perform work in furtherance of this Agreement are
adequately trained and skilled to access Structures and Infrastructure in accordance with all applicable
industry and governmental standards and regulations.
7. UTILITIES. Licensee shall install or cause to be installed a separate electric meter on a ground mounted
pedestal or on Licensee's pad mounted equipment cabinet as required by the electric provider for the
operation of its Equipment. Licensee shall be responsible for paying all charges for any electricity furnished
by a utility Licensee furnishing service to the Equipment.
8. OPERATION AND MAINTENANCE
8.1 .. RF Emissions. Licensee's operation of its Wireless Installations will comply with all FCC
regulations regarding RF emissions and exposure limitations. Licensee is allowed to install signage and
other mitigation, such as a power cut-off switch on Structures, to allow workers and third parties to avoid
excess exposure to RF emissions. Except in an Emergency, Licensor's authorized field personnel will
contact Licensee's designated point of contact with reasonable advance notice, but in no event less than one
( 1) business day in advance, to inform Licensee of the need for a temporary power-shut-down. In the event
of an unplanned outage or cut -off of power or an Emergency, the power -down will be performed with such
License Agreement for Wireless Installations on Public Structures 11.16.18 4
advance notice as practicable. Once the work has been completed and the worker(s) have departed the
exposure area, the party who accomplished the power-down shall restore power and inform Licensee as
soon as possible that power has been restored. The Parties acknowledge that they understand the vital nature
of Licensee's Wireless Installations and agree to limit the frequency of power-downs and to restore power
as promptly as much as reasonably possible.
8.2 Interference.
(a) Licensee will operate its Wireless Installations in compliance with all FCC
regulations regarding Interference with the radio signal transmissions of Licensor and other third parties in
or upon a Structure, which transmissions are operated in compliance with Laws.
(b) Licensor will not grant after the date of this Agreement a permit, license or any
other right to any third party if, at the time such third party applies to use a Structure or Infrastructure,
Licensor knows that such third party's use shall cause Interference with the Licensee's existing Wireless
Installations, Licensee's use of the Structure or Infrastructure, or Licensee's ability to comply with the
terms and conditions of this Agreement.
(c) Licensor will not, nor will Licensor permit its employees, invitees, agents or
independent contractors to intentionally cause Interference with Licensee's existing Wireless Installations,
Licensee's use of the Structure or Infrastructure, or Licensee's ability to comply with the terms and
conditions of this Agreement. If Licensee reasonably determines that Interference is occurring, then
Licensor will meet and confer with Licensee within five (5) days of Licensor's receipt of notice of
Interference from Licensee, and otherwise diligently work in good faith with Licensee to determine the root
cause of the Interference and to develop workable solutions to resolve the Interference in a mutually
acceptable manner.
9. RELOCATION AND ABANDONMENT
9.1 Licensee agrees and covenants at no cost to Licensor, to relocate its Wireless Installations
when requested to do so by Licensor for a public project, provided that, Licensee shall in all such cases
have the privilege, upon approval by Licensor, to temporarily bypass, in the authorized portion of the same
right of way any Wireless Installations required to be relocated.
9.2 If Licensor determines that a public project necessitates the relocation of Licensee's existing
Wireless Installations, Licensor shall:
(a) At least seventy-five (75) days prior to the commencement of such project, provide
Licensee with written notice of known Wireless Installations requiring such relocation; and
(b) Provide Licensee with copies of any plans and specifications pertinent to the
requested relocation and a proposed temporary or permanent relocation for Licensee's Wireless Installations.
(c) Meet with Licensee, if requested, within five ( 5) business days to discuss the
scope, requirements and challenges of the relocation work.
9.3 After receipt of such notice and such plans and specifications and meeting, Licensee shall
complete relocation of its Wireless Installations at no charge or expense to Licensor at least ten (10) days
prior to commencement of the project.
9.4 Licensee may, after receipt of written notice requesting a relocation of its Wireless
Installations, submit to Licensor written alternatives to such relocation. Licensor shall evaluate such
alternatives and advise Licensee in writing as soon as practicable if any of the alternatives is suitable to
accommodate the work that otherwise necessitates the relocation of the Wireless Installations. If so requested
by Licensor, Licensee shall submit additional information to assist Licensor in making such evaluation.
Licensor shall give each alternative proposed by Licensee as full and fair a consideration as the project
schedule will allow. In the event Licensor ultimately determines that there is no other reasonable alternative,
Licensee shall relocate its Wireless Installations as directed by Licensor and in accordance with this Section
License Agreement for Wireless Installations on Public Structures 11.16.18 5
9 of this Agreement.
9.5 Licensor will notify Licensee as soon as practical of any Wireless Installations that are not
identified during the design of the public project, but are discovered during the course of construction and
need to be relocated. Licensee will work with Licensor to design and complete a relocation to facilitate the
completion of the public project with minimum delay.
9.6 Failure to complete a relocation requested by Licensor in accordance with this Section 9 of
this Agreement by the date included in the notice provided for thereby may subject Licensee to liquidated
damages as provided in Section 14 of this Agreement, except in the event Licensee suffers a force majeure
or other event beyond its reasonable control. Alternatively, should Licensor's project be delayed as a result
of Licensee's failure to complete a relocation requested in accordance with this Section 9 of this Agreement
and provided Licensee has not suffered a force majeure or other event beyond its reasonable control, then
Licensor may, at Licensee's sole expense, have the Wireless Installations relocated by Licensor's contractor.
In such event, Licensee shall pay the cost of relocation within 30 days of submission of an invoice by
Licensor. This Section shall only apply if applied in a non-discriminatory manner and it is necessary for all
Wireless Installations and appurtenances to be moved in the same location.
9. 7 The provisions of this Section of this Agreement shall in no manner preclude or restrict
Licensee from making any arrangements it may deem appropriate when responding to a request for
relocation of its Wireless Installations by any person other than Licensor, where the improvements to be
constructed by said person are not or will not become Licensor-owned, operated or maintained, provided
that such arrangements do not unduly delay a Licensor construction project. The provisions of this
Agreement are subject to RCW 35.99.060. In the event of a conflict between the provisions of this
Agreement and the RCW, the RCW shall control.
9.8 Licensee recognizes the need for Licensor to maintain adequate width for installation and
maintenance of sanitary sewer, water and storm drainage utilities owned by Licensor and other public utility
providers. Thus, Licensor reserves the right to maintain clear zones within the public right of way for
installation and maintenance of said utilities. The clear zones for each right of way segment shall be noted
and conditioned with the issuance of each right of way permit. If adequate clear zones are unable to be
achieved on a particular right of way, Licensee shall locate in an alternate right of way, obtain easements
from private property owners, or propose alternate construction methods which maintain and/or enhance
the existing clear zones.
9.9 No portion of the Wireless Installations attached to the Structures or Infrastructure
by Licensee may be abandoned by Licensee without the express written consent of Licensor. Any
plan for abandonment or removal of Licensee's Wireless Installations must be first approved by
the Public Works Director, which shall not be unreasonably withheld or delayed, and all necessary
permits must be obtained prior to such work.
10. INSURANCE
10.1 Insurance Term. Licensee shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damage to property which may be
caused, in whole or in part, by operations or activities performed by or on Licensee's behalf with
the issuance of this Agreement.
10.2 No Limitation. Licensee's maintenance of insurance as required by this Agreement
shall not be construed to limit the liability of Licensee to the coverage provided by such insurance,
or otherwise limit Licensor's recourse to any remedy available at law or in equity.
License Agreement for Wireless Installations on Public Structures 11.16.18 6
10.3 Scope of Insurance. Licensee shall obtain insurance of the types and coverage
described below:
(a) Commercial General Liability insurance shall be at least as broad as
Insurance Services Office (ISO) occurrence form CG 00 01 or its equivalent and shall cover
liability caused, in whole or in part, by operations, products-completed operations, and contractual
liability. There shall be no specific exclusion for liability arising from explosion, collapse or
underground property damage. Licensor shall be included as an additional insured under
Licensee's Commercial General Liability insurance policy using ISO Additional Insured-State or
Political Subdivisions-Permits CG 20 12 or a substitute endorsement providing at least as broad
coverage.
(b) Automobile Liability insurance if vehicles will be used in the performance
of this contract, covering all owned, non-owned, hired and leased vehicles. Coverage shall be at
least as broad as Insurance Services Office (ISO) form CA 00 01.
10.4 Amounts of Insurance. Licensee shall maintain the following insurance limits:
(a) Commercial General Liability insurance shall be written with limits of
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products-completed operations aggregate limit.
(b) Automobile Liability insurance with a combined single limit for bodily
injury and property damage of $1,000,000 per accident.
10.5 Other Insurance Provision. Licensee's Commercial General Liability insurance
policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as
respect Licensor. Any Insurance, self-insurance, or self-insured pool coverage maintained by
Licensor shall be excess of the Licensee's insurance and shall not contribute with it.
10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A-: VII.
10.7 Verification of Coverage. Licensee shall furnish Licensor with original certificates
and a copy of the amendatory endorsements, including the additional insured endorsement,
evidencing the insurance requirements of Licensee before issuance of the Permit.
10.8 Notice of Cancellation. Licensee shall provide Licensor with written notice of any
required policy cancellation or nonrenewal that is not replaced, within two business days of their
receipt of such notice.
10.9 Failure to Maintain Insurance. Failure on the part of Licensee to maintain the
insurance as required shall constitute a material breach of the Agreement entitling Licensor to
Liquidated Damages under Section 14, below, or such other and further relief provided for herein
or by law. Alternatively, Licensor may, after giving thirty (30) days' notice to Licensee to correct
the breach, immediately terminate this Agreement.
10.10 Self-Insurance. Notwithstanding the foregoing, Licensee shall have the right to self-
insure the coverages required in subsection (a). In the event Licensee elects to self-insure its
License Agreement for Wireless Installations on Public Structures 11.16.18 7
obligation to include Licensor as an additional insured, the following provisions shall apply (in
addition to those set forth in subsection (a)): (i) Licensee or its parent company shall have and
continuously maintain a tangible net worth of at least two hundred million dollars
($200,000,000.00); (ii) Licensee continuously maintains appropriate loss reserves for the amount
of its self-insurance obligations under this Section 10, which reserves are annually approved by
Ernst & Young, or any successor auditing company; (iii) Licensee shall undertake the defense of
any self-insured claim for which a defense and/or coverage would have been available from the
insurance company, including a defense of Licensor, at Licensee's sole cost and expense, with
counsel selected by Licensee and reasonably acceptable to Licensor; (iv) Licensee shall use its
own funds to pay any claim or replace property or otherwise provide the funding which would
have been available from insurance proceeds but for Licensee's election to self-insure; (v)
Licensee shall pay any and all amounts due in lieu of insurance proceeds which would have been
payable if Licensee had carried the insurance policies, which amounts shall be treated as insurance
proceeds for all purposes under this Agreement; and (vi) All amounts which Licensee pays or is
required to pay and all loss or damages resulting from risks for which Licensee has elected to self-
insure shall not limit Licensee's indemnification obligations set forth in this Agreement.
11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION OF THIS
AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES
SUFFERED BY THE OTHER PARTY OR BY ANY CUSTOMER OR ANY PURCHASER OF
SUCH PARTY OR ANY OTHER PERSON, FOR LOST PROFITS OR OTHER BUSINESS
INTERRUPTION DAMAGES, WHETHER BY VIRTUE OF ANY STATUTE, IN TORT OR IN
CONTRACT, EXCEPT THAT THE EXPRESS INDEMNIFICATION OBLIGATIONS MADE BY
THE PARTIES IN SECTION 12 OF THIS AGREEMENT SHALL STILL APPLY.
12. INDEMNIFICATION
12.1 Licensee agrees to indemnify, save and hold harmless, and defend Licensor, its
elected officials, officers, authorized agents, boards and employees, acting in official capacity,
from and against any liability, damages or claims, costs, expenses, settlements or judgments arising
out of, or resulting from the granting of this Agreement or Licensee's activities, or any casualty or
accident to person or property that occurs as a result of any construction, excavation, operation,
maintenance, reconstruction or any other act done pursuant to the terms of this Agreement,
provided that Licensor shall give Licensee timely written notice of its obligation to indemnify
Licensor. Licensee shall not indemnify Licensor to the extent any damages, liability or claims
result from Licensor's negligence, willful misconduct, or breach of obligation of Licensor, its
officers, authorized agents, employees, attorneys, consultants, or independent contractors for
which Licensor is legally responsible, or for any activity or function conducted by any person other
than Licensee.
12.2 In the event Licensee refuses to undertake the defense of any suit or any claim, after
Licensor's request for defense and indemnification has been made pursuant to the indemnification
clauses contained herein, and Licensee's refusal is subsequently determined by a court having
jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a
wrongful refusal on the part of Licensee, then Licensee shall pay all of Licensor's reasonable costs
and reasonable expenses for defense of the action, including reasonable attorneys' fees of
recovering under this indemnification clause, as well as any judgment against Licensor.
License Agreement for Wireless Installations on Public Structures 11.16.18 8
Should a court of competent jurisdiction or such other tribunal as the parties agree shall
decide the matter, determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of Licensee and Licensor, its officers, employees and
agents, Licensee's liability hereunder shall be only to the extent of Licensee's negligence. It is
further specifically and expressly understood that the indemnification provided in Section 12 of
this Agreement constitutes Licensee's waiver of immunity under Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
13. DEFAULT AND TERMINATION
13.1 Licensee's Default and Licensor's Remedies. If Licensee does not cure its Default, then
thereafter Licensor may elect any of the following remedies:
(a) suspend Licensee's access to the Structure or Infrastructure to which the Default
pertains;
(b) terminate the specific Site License Agreement(s) or affected portion thereof
covering the Structure(s) or Infrastructure to which the Default pertains;
(c) require Licensee's obligation to which the Default has been declared to be
specifically performed; or
(d) maintain an action at law against Licensee for damages directly incurred by
Licensor arising directly from Licensee's uncured Default.
13.2 Licensor's Default and Licensee's Remedies. If Licensor does not cure its Default, then
thereafter, Licensee may elect to pursue any rights or remedies available to Licensee at law or in equity.
13.3 Voluntary Termination of Site License Agreement.
(a) A Site License Agreement may be terminated by Licensee for any reason or no
reason, and without further liability to Licensee, at any time prior to the Commencement Date effective
upon written notice to Licensor.
(b) A Site License Agreement may be terminated by Licensee after the
Commencement Date for any reason or no reason effective upon the later of (i) thirty (30) days' following
written notice to Licensor and (ii) the date of removal of the Wireless Installation. In the event Licensee
has paid a Fee to Licensor for the use of the Licensed Site, then Licensor shall have the right to retain the
Fee without refund or other credit to Licensee.
14. LIQUIDATED DAMAGES.
14.1 Licensor and Licensee recognize the delays, expense and unique difficulties
involved in proving in a legal preceding the actual loss suffered by Licensor as a result of Licensee's
breach of certain provisions of this Agreement. Accordingly, instead of requiring such proof,
. Licensor and Licensee agree that Licensee shall pay to Licensor, the sum set forth below for each
day or part thereof that Licensee shall be in breach of specific provisions of this Agreement. Such
amount is agreed to by both parties as a reasonable estimate of the actual damages Licensor would
suffer in the event of Licensee's breach of such provisions of this Agreement.
(a) Subject to the provision of written notice to Licensee and a thirty (30) day
right to cure period, Licensor may assess against Licensee liquidated damages as follows: two
hundred dollars ($200.00) per day for any material breach of the Agreement.
(b) Licensor shall provide Licensee a reasonable extension of the thirty (30)
License Agreement for Wireless Installations on Public Structures 11.16.18 9
day right to cure period described in Section 14.1(a) of this Agreement if Licensee has
commenced work to cure the violation, is diligently and continuously pursuing the cure to
completion and requested such an extension, provided that any such cure is completed within one
hundred and twenty (120) days from the written notice of default.
(c) If liquidated damages are assessed by Licensor, Licensee shall pay any
liquidated damages within forty-five (45) days after they are assessed and billed.
(d) In the event Licensee fails to cure within the specified cure period, or
any agreed upon extensions thereof, liquidated damages accrue from the date Licensor notifies
Licensee that there has been a violation.
14.2 The recovery of amounts under Section 14.1(a) of this Agreement shall not be
construed to limit the liability of Licensee under the Agreement or an excuse for unfaithful
performance of any obligation of Licensee. Similarly, the parties agree imposition of liquidated
damages are not intended to be punitive, but rather, for Licensor cost recovery purposes.
15. CASUALTY. In the event of damage to a Structure and/or Infrastructure due to a Casualty Event that
cannot reasonably be expected to be repaired within forty-five (45) days following such Casualty Event or
which Licensor elects not to repair, or if such Casualty Event is reasonably be expected to disrupt Licensee's
operations on the Structure and/or Infrastructure for more than forty-five (45) days, then Licensee may, at
any time following such Casualty Event; (i) terminate the applicable Site License Agreement or affected
portion thereof upon fifteen (15) days' written notice to Licensor; (ii) place a temporary facility, if feasible,
at a location equivalent to Licensee's current use of the Structure and/or Infrastructure, as the case may be,
until such time as the Structure and/or Infrastructure is restored and the Wireless Installation is returned to
full on-air operation in the ordinary course of Licensee's business; or (iii) submit a new Site License
Application for an alternate location equivalent to Licensee's current use of the Structure and/or
Infrastructure, in which case Licensor shall waive the application fee and transfer all remaining rights to
the new Structure and Infrastructure, as the case may be, as long as such relocation was due to a Casualty
Event not caused by Licensee. If Licensee elects to terminate the Site License Agreement, notice of
termination shall cause the applicable Site License Agreement or affected portion thereof to terminate with
the same force and effect as though the date set forth in such notice were the date originally set as the
expiration date of the applicable Site License Agreement. Licensee will be entitled to collect all insurance
proceeds payable to Licensee on account thereof, and to be reimbursed for any prepaid Fee on a pro rata
basis. If Licensee does not elect to terminate the applicable Site License Agreement, then the Fee shall fully
abate during the period of repair following such Casualty Event until the date that the Wireless Installation
is returned to full on-air operation in the Licensed Site in the ordinary course of Licensee's business.
16. MISCELLANEOUS PROVISIONS
16.1 Notices. All notices, requests and demands hereunder will be given by first class certified
or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid,
License Agreement for Wireless Installations on Public Structures 11.16.18 10
to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed
to the Parties as follows:
If to Licensee (including invoices):
New Cingular Wireless PCS, LLC
Attn: Tower Asset Group-Lease Administration
Re: Wireless Installation on Public Structures
(City of Camas) (WA)
FA No.:
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to the AT&T Legal Department:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept.-Network Operations
Re: Wireless Installation on Public Structures
(City of Camas) (WA)
FA No:
208 S. Akard Street
Dallas, TX 75202-4206
Contact Number for day to day operation:
Licensor:
Licensee:
1-360-834-6864
1-800-63 8-2822
If to Licensor:
City of Camas
Attn: City Administrator
616 NE 4th Avenue
Camas, WA 98607
Any Party may change its address or other contact information at any time by giving the other Party, and
Persons named above, written notice of said change.
16.2 Force Majeure. This Agreement shall not be revoked, nor shall Licensee be liable for
damages, due to any act or omission that would otherwise constitute a violation or breach that occurs without
fault of Licensee or occurs as a result of circumstances beyond Licensee's reasonable control. Provided,
however, Licensee acts diligently to correct any such act or omission.
16.3 Assignment and Transfer. This Agreement shall be binding upon, and inure to the benefit
of, the successors and assigns of the Parties. Except as otherwise provided in this Agreement, neither Party
shall assign this Agreement or its rights or obligations to any firm, corporation, individual, or other entity,
without the written consent of the other Party, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, upon thirty (30) days' written notice, either Party may assign this
Agreement or its rights or obligations to (a) an Affiliate or (b) in connection with the sale or other transfer
of substantially all ofLicensee's assets in the FCC market area where the Structures are located.
16.4 Compliance with Laws. Licensee and Licensor agree to comply with all Laws.
16.5 Applicable Law. This Agreement shall be interpreted, construed, and enforced, in
accordance with the laws of the state where the Structures are located without regard to its conflict of laws
principles, and, where applicable, federal law.
16.6 Waiver of Jury Trial. Each Party waives its right to a trial by jury on disputes arising from
this Agreement.
16.7 Change of Law. Either Party may, upon thirty (30) days' written notice, require that the
terms of this Agreement which are affected by any New Law be renegotiated to conform to the New Law
on a going forward basis for all existing and new Wireless Installations, unless the New Law requires
retroactive application, except that, notwithstanding a New Law, the Fee shall remain unchanged for any
License Agreement for Wireless Installations on Public Structures 11.16.18 11
Wireless Installations in place as of the time the New Law became effective. In the event that the Parties
are unable to agree upon such new rates, terms of conditions within ninety (90) days after such notice, then
any rates contained in the New Law shall apply as of the effective date of the New Law forward (except as
to the Fee for any Wireless Installations in place as of the time the New Law became effective) until the
negotiations are completed or a Party obtains a ruling regarding the appropriate conforming terms from a
commission or court of competent jurisdiction. Except as provided in the preceding sentence, all terms in
the existing Agreement shall remain in effect while the Parties are negotiating.
16.8 Exhibits. In the event of any inconsistency between the provisions of this Agreement and
any Exhibits attached hereto, the provisions of this Agreement shall supersede the provisions of any such
incorporated Exhibits unless such Exhibit specifies otherwise.
16.9 Waiver; Severability. No provision of this Agreement may be waived except in a writing
signed by both Parties. The failure of either Party to insist on the strict enforcement of any provision of this
Agreement shall not constitute a waiver of any provision. If any portion of this Agreement is found to be
unenforceable, the remaining portions shall remain in effect, and the Parties shall begin negotiations for a
replacement of the invalid or unenforceable portion.
16.10 Survival. The terms and provisions of this Agreement that by their nature require
performance by either Party after the termination or expiration of this Agreement, shall be and remain
enforceable notwithstanding such termination or expiration of this Agreement for any reason whatsoever.
16.11 Entire Agreement; Amendments. This Agreement (including the Exhibits hereto)
embodies the entire agreement between Licensee and Licensor with respect to the subject matter of this
Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written,
with respect thereto. Each Party acknowledges that the other Party has not made any representations other
than those contained herein. This Agreement may not be amended or modified orally, but only by an
agreement in writing signed by the Party or Parties against whom any waiver, change, amendment,
modification, or discharge may be sought to be enforced.
16.12 Execution in Counterparts. This Agreement may be executed in multiple counterparts,
including by counterpart facsimiles or scanned email counterpart signature, each of which shall be deemed
an original, and all such counterparts once assembled together shall constitute one integrated instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
License Agreement for Wireless Installations on Public Structures 11.16.18 12
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the
Effective Date.
City of Camas,
a Washington Municipal Corporation
Name: Shannon Turk
Its: Mayor
Date: lb -J-l-I q
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:_z:;--------t-----~_±__
Name: ~'-(.jL ~co~~
--~~~-------------------
Its: ------------------------------
Date: ----------------------------
License Agreement for Wireless Installations on Public Structures 11 .16.18 13
EXHIBIT 1
DEFINED TERMS
As used herein, the following capitalized terms in the Agreement have the meaning ascribed to them below.
"Abandon" means to permanently relinquish ownership of a Structure and/or Infrastructure in its then
existing location.
"Acknowledgment" means a written memorandum signed by the Parties confirming the Commencement
Date and the date of expiration of the Site License Initial Term.
"Affiliate" means any entity that controls, is controlled by, or is under common control with a Party.
"Agreement Initial Term" means an initial term often (10) years.
"Annual Term" means a term of one (1) year.
"Approved Licensor Work Cost Estimate" means Licensee's written approval of a Licensor Work Cost
Estimate.
"Casualty Event" means any casualty, frre, act of God, or other harm affecting a Structure and/or
Infrastructure licensed in whole or in part to Licensee pursuant to a Site License Agreement.
"Commencement Date" means the first day of the month following the day Licensee commences
installation of the Wireless Installation at a particular location under a Site License.
"Days" means calendar days. If deadline or other date falls on a non-business day (including weekends,
holidays recognized by the federal government, and holidays recognized by the state where the Structure is
located), that date shall be extended to the next business day.
"Default" means the failure by a Party to perform any material term of condition of this Agreement where
such failure continues for a period of more than thirty (30) days after receipt of written notice from the
other Party of such failure identified with reasonable specificity as to the material term or condition of this
Agreement which the Party is alleged to have failed to perform Notwithstanding the foregoing, no Default
will be deemed to exist if a Party has commenced to cure the alleged failure to perform within such thirty
(30) day period, and thereafter such efforts are prosecuted to completion with reasonable diligence. Delay
in curing an alleged failure to perform will be excused if due to causes beyond the reasonable control of the
Party again whom the failure to perform has been alleged.
"Effective Date" means the latest date in the signature blocks in the Agreement.
"Emergency" means a situation in which there is an imminent threat of injury to person or property, or loss
of life.
"FCC" means the Federal Communications Commission.
"FCC 2018 Order" means the Federal Communications Commission's Declaratory Ruling and Third
Report and Order, FCC 18-133, Released September 27, 2018.
"Fee" means the annual payment for Licensee's Permitted Use of the Structure and Infrastructure at the
Licensed Site.
"Holdover Term" means a month to month term following the termination of a Site License Agreement.
"Infrastructure" means any and all forms of existing power supply, conduit, or other form of infrastructure
fixtures or equipment for the delivery of power or communication services to a Structure or otherwise
located in the public right of way or other location controlled or owned by Licensor.
Exhibit 1, Page 1
"Interference" means any material and adverse physical obstruction or impairment with the radio signals
or operation of Licensee's Wireless Installation utilizing a Structure or Infrastructure authorized to be used
by Licensee pursuant to Site License Agreement.
"Laws" means all federal, state and local laws, orders, rules and regulations applicable to Licensee's use of
the Wireless Installation on the Structure and/or Infrastructure and Licensor's ownership and use of the
Structure, Infrastructure and any other improvements or equipment in the public right of way, as the case
maybe.
"Licensed Site" means the areas approved for Licensee's Permitted Use as described or depicted in a Site
License Agreement.
"Licensee Indemnitees" means Licensee, its employees, affiliates, officers, directors, successors and
assigns.
"Licensor Indemnitees" means Licensor, its officers, officials and employees.
"Licensor's Cost" means Licensor's cost calculated pursuant to the terms and conditions of the FCC 2018
Order.
"Licensor Work" means the work required on, in or to Licensor's Structure and/or Infrastructure to
accommodate Licensee's Wireless Installation, including relocating, replacing, upgrading and/or
reinforcing the existing Structure or Infrastructure.
"Licensor Work Cost Estimate" means Licensor's written estimate of the estimated direct costs, including
fully loaded labor costs to perform the Licensor Work in a Site License Application.
"NEC" means the National Electric Code.
"NESC" means the National Electrical Safety Code.
"New Laws" means any legislative, regulatory, judicial, or other action affecting the rights or obligations
of the Parties, or establishing rates, terms or conditions for the construction, operation, maintenance, repair
or replacement of Wireless Installation on public infrastructure or in the right-of-way, that differ, in any
material respect from the rates, terms or conditions of the Agreement.
"Person" or "Persons" means any person or entity;
"Parties" means Licensor and License collectively.
"~" means individually Licensor and Licensee.
"Permitted Use" means the transmission and reception of communications signals, and the installation,
construction, modification, maintenance, operation, repair, replacement and upgrade of the Wireless
Installation necessary for the successful and secure use of the Licensor's Structures and Infrastructure.
"Pre-Approved Wireless Installation" means any Wireless Installation design for Licensee's use of a
Structure and/or Infrastructure which has been approved in writing by Licensor.
"RF" means radio frequency.
"Safety Codes" means collectively the NEC, NESC, and any and all other applicable regulatory codes for
safe practices when performing work on or near a Structure and/or Infrastructure.
"Site License Agreement" means the Site License Agreement attached as Exhibit 3.
"Site License Application" means an application by Licensee to use a Licensed Site in the form attached as
Exhibit 2.
"Site License Initial Term" means an initial term often (10) years.
Exhibit 1, Page 2
"Site License Renewal Term" means a renewal term of five (5) years upon the same terms and conditions
as set forth in the applicable Site License.
"Site License Term" means collectively the Site License Initial Term, any Site License Renewal Terms,
any Annual Terms and any Holdover Term.
"Technical Grounds" means, in light of prevailing industry engineering standards, reasons of insufficiency
of capacity, safety, reliability and/or generally applicable engineering purposes consistent with applicable
Laws.
"Term" means the Agreement Initial Term and any renewal terms exercised pursuant to Section 2.1 of the
Agreement.
"Wireless Installation" means antennas, communications equipment, electric and communications cables,
and related accessories and improvements, including facilities that operate on FCC-approved frequencies
in the bands authorized for commercial wireless communication services pursuant to FCC licenses issued
to Licensee, and all associated equipment, located in, under, upon, adjacent to or through a Structure or
Infrastructure owned or controlled by Licensor pursuant to a Site License Agreement (in accordance with
Section 4.2 hereof) approved in writing by Licensor.
Exhibit 1, Page 3
EXHIBIT2
SITE LICENSE APPLICATION
Page 1 of2
Eguiement Owner Aeelicant {if different
than Eguiement Owner}
Application Date: Name: New Cingular Wireless PCS, LLC Name:
Site Name/Project #: Address: Address:
Contact Contact
Name: Name:
Approved by: Phone#: Phone#:
Date: Email:
Approval of this application does not constitute as the permitting approval of the Wireless Installation; a separate application for permitting is required for
construction and operation.
WIRELESS INSTALLATION-ATTACHMENT TO EXISTING STRUCTURE
Location/GPS Coordinates Antenna Grade Antenna Equipmen Transmit Receive Output
LAT LONG (Highest Point) Dimensions tWeight Frequenc Frequenc Power
Structure Pole# (HxWxD) y y Level
Notes:
EXHIBIT2
SITE LICENSE APPLICATION
Page 2 of2
WIRELESS INSTALLATION-STRUCTURE REPLACEMENT
Locatlon/GPS Coordinates Antenna Grade Antenna Dimensions Equipment Transmit Receive Output
Structure Pole # LAT LONG (Highest Point) (HxWxD) Weight Frequency Frequency Power Level
Existing
New
Existing
New
Existing
New
Existing
New
Existing
New
Existing
New
Existing
New
Existing
New
Notes:
EXHIBIT 3
FORM OF SITE LICENSE AGREEMENT
This is Site License Agreement, is made this day of , 20_,
between [name of City/TownNillage/County/etc.] ("Licensor")
and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company ("Licensee").
1. License Agreement for Wireless Installations on Public Structures. This Site License Agreement
as referenced in that certain License Agreement for Wireless Installations On Public Structures, between
Licensor and Licensee dated , 20 __ ("Agreement"). Licensee has submitted a Site
License Application pursuant to the Agreement, and Licensor has reviewed the application and grants
approval subject to the terms of this Site License Agreement. All of the terms and conditions of the
Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating
or attaching the Agreement. In the event of a contradiction or inconsistency between the terms of the
Agreement and this Site License Agreement, the terms of this Site License Agreement shall govern.
Capitalized terms used in this Site License Agreement shall have the same meaning ascribed to them in the
Agreement unless otherwise indicated herein.
2. Project Description and Locations. Licensee shall have the right to install and attach Wireless
Installations on, under, and above the public right of way owned or controlled by Licensor, on, in and
adjacent to the specific Structure and Infrastructure as identified and described in Exhibit 1 attached hereto
(collectively the "Licensed Site").
3. Term. The Site License Term of this Site License Agreement shall be as set forth in Section __
of the Agreement.
4. Fee. The Fee shall be in the amount and otherwise payable in accordance with the Agreement as
set forth in Section __ of the Agreement.
5. Special Provisions, If Any (Specific to the Licensed Site).
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Exhibit 3, Page 1
LICENSOR:
LICENSEE:
EXHIBITS
City of Camas
By: ~0-.-"-~ ~
Name:-,41 tl y f' 1,)-r:; hannDh Tvrk
fv{ "-j D (' Title:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware Limited Liability Company
By: AT&T Mobility Corporation
Its: Mana
By:
Print Name: ~ ~f:._ WOO~
Title: 3> \.~~c ~CL_
Date: \o -~ \..c2 -\ 9
1 Licensed Site, Wireless Installation Equipment List and Plans
Exhibit 3, Page 2
EXHIBIT 1 TO SITE LICENSE AGREEMENT
Licensed Site, Wireless Installation Equipment List and Plans
Licensee Wireless Installation Reference: [LICENSEE TO COMPLETE]
FA/USID:
Site Name: CRAN POLYGON NAME NODE# --
PTN /PACE:
Structure pole number: [LICENSOR TO COMPLETE]
Structure Latitude and Longitude (Approximate): [LICENSEE TO COMPLETE]
Wireless Installation Equipment List: [LICENSEE TO COMPLETE]
Wireless Installation Plans: See the attached plan set dated
______ consisting of(_) page( s ).
Exhibit 3, Page 3
20 prepared by