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Permit Bo? ZOZZ-CY'�ZgZ C} 1 Washington County,Oregon 2016-007935 900 S W d bkyr ) S+ 02/04/2016 02:49:38 PM D-DB5 Cnt=1 Stn=9 D MOON $65.00$5.00$11.00$20.00$20.00$404.00-Total=5525.00 `Li ..'C° I 11111111 Iliii IllilU Ii I Hull I II I I %A°t`- 02128855201600079350130136 I,Richard Hobernicht,Director of Assessment and • taxation and Ex•ORlcto County Clerk for Washington County,Oregon,do hereby certify that the within Instrument of writing was received and re7orded In the book of recortle of said wuply,.„4„.0 :.- (Js t Richard Hobernieht and Director of As easement end After recording return to: Taxation,Ex-Offlelo County Clark Linear Title&Closing i27 ddJohn .RI0larke Rd 84 RECEIVED Middletown, 02842 Prepared byandr and -te: JUN 2 0 2022 Attorney Richard T.Northrup,Land Management CITY OF TIGARD Site No:414382 BUILDING DIVISION Site Name:PORQ SANDBURG OR c/o American Tower L.P. ; Po BOK 44-I1-a5 10 Presidential Way Se4d TIt' t It To Woburn,MA 01801 eIteVUe ,t}Ji� r7S730�( (.(x)SVIVf hl«, (1� Sao . (Recorder's Use Above this Line) STATE OF OREGON Assessor's Parcel No.: R0459989 COUNTY OF WASHINGTON EASEMENT AND ASSIGNMENT AGREEMENT • This Easement Agreement("Agreement")dated as of re. i- tS2017(the"Effective Date"),by and between HDG L.P., a Washington limited partnership ("Grantor") and ATC Sequoia LLC, a Delaware limited liability company ("Grantee"). BACKGROUND Grantor is the owner of the real property described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Premises"). Grantor desires to grant to Grantee certain easement rights with respect to the Premises, as more particularly described below,and subject to the terms and conditions of this Agreement. AGREEMENTS For and in consideration of the covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Grant of Easements. Grantor,for itself and its heirs, personal representatives,successors and assigns, hereby grants, bargains, sells, transfers and conveys to Grantee, its successors and/or assigns: (i) a.perpetual, exclusive easement(the"Exclusive Easement") in and to that portion of the Premises more particularly described on Exhibit"B" attached hereto and by this reference made a part hereof(the "Exclusive Easement Area"); and (ii) a perpetual, non- exclusive easement (the "Access and Utility Easement"; the Exclusive Easement and Access and Utility Easement, collectively,the"Easements")in and to that portion of the Premises more particularly described on Exhibit"C"attached hereto and by this reference made a part hereof (the "Access and Utility Easement Area"; the Access and Utility Easement Area and Exclusive Easement Area,collectively,the"Easement Areas"). The Easement Areas shall be used for the purposes set forth herein and shall expressly include that portion of the Premises upon which any of Grantee's fixtures,structures,equipment or other personal property are located as of the date of this Agreement. 2. Private Easement. Nothing in this Agreement shall be deemed to be a dedication of any portion of the Easement Areas for public use. All rights, easements and interests herein created are private and do not constitute a grant for public use or benefit. Site No:414382 Site Name: PORQ SANDBURG OR • 3. Successors Bound. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, personal representatives,lessees,successors and assigns. It is the intention of the parties hereto that all of the various rights, obligations, restrictions and easements created in this Agreement shall run with the affected lands and shall inure to the benefit of and be binding upon all future owners and lessees of the affected lands and all persons claiming any interest under them. 4. Duration. The duration of this Agreement and the Easements granted herein(the"Term")shall be perpetual, unless Grantee provides written, recordable notice of Grantee's intent to terminate this Agreement and the Easements described herein, in which event this Agreement, the Easements, and all obligations of Grantee hereunder shall terminate upon Grantee's recordation of any such notice. For the avoidance of doubt, Grantee may, in its sole and absolute discretion, unilaterally terminate this Agreement, the Easements, and all of Grantee's obligations hereunder without the approval of or consent of Grantor as provided in the immediately preceding sentence. 5. Easement Consideration. Grantor hereby acknowledges the receipt, contemporaneous with the execution hereof, of adequate and sufficient consideration paid to Grantor pursuant to the terms of that certain Option Agreement to Purchase Communications Easement(the"Option Agreement").Grantor and Grantee hereby declare that there may be additional payments due to Grantor by Grantee pursuant to the terms of the Option Agreement. The provisions in this Agreement should not be used in interpreting the applicable provisions in the Option Agreement that specifically survived Closing (as defined in the Option Agreement) with respect to consideration owed to Grantor by Grantee. Notwithstanding anything to the contrary in this Agreement,with the exception of any consideration that may still be owed pursuant to the Option Agreement, there shall be no other consideration owed to Grantor by Grantee under this Agreement. In the event this Agreement is terminated for any reason,any consideration owed hereunder or under the Option Agreement shall cease and Grantee shall not be required to make any further payments. 6. Use of Easement Areas, a. Exclusive Easement. The Exclusive Easement Area may be used by Grantee and any of its affiliates,customers, tenants, subtenants, lessees, licensees, successors, and/or assigns together with any of the employees, contractors, consultants, and/or agents of the foregoing (collectively, the "Permitted Parties") for the purposes of installing, constructing, maintaining, operating, modifying, repairing and/or replacing improvements, equipment, structures, fixtures, antennae and other personal property as Grantee may deem necessary or appropriate,which may be located on or in the Exclusive Easement Area from time to time,for the facilitation of communications and other related uses. Any such property, including any equipment, structures, fixtures and other personal property currently on or in the Exclusive Easement Area, shall not be deemed to be part of the Premises, but instead shall remain the property of Grantee or the applicable Permitted Parties. At any time during the Term and at any time within 180 days after the termination of this Agreement, Grantee and/or any applicable Permitted Parties may remove their equipment, structures,fixtures and other personal property from the Easement Areas. Grantee may make,without the consent or approval of Grantor, any improvements, alterations or modifications to the Exclusive Easement Area as are deemed appropriate by Grantee, in its sole and absolute discretion. Grantee shall have the unrestricted and exclusive right, exercisable without the consent or approval of Grantor, to lease, sublease, license, or sublicense any portion of the Exclusive Easement Area, but no such lease, sublease or license shall relieve or release Grantee from its obligations under this Agreement. Grantor shall not have the right to use the Exclusive Easement Area for any reason and shall not disturb Grantee's nor any Permitted Parties' right to use the Exclusive Easement Area in any manner. Grantee may construct a fence around all or any part of the Exclusive Easement Area and shall have the right to prohibit anyone, including Grantor,from entry into such Exclusive Easement Area. b. Access and Utility Easement. The Access and Utility Easement shall be used by Grantee and the Permitted Parties for pedestrian and vehicular(including trucks) ingress and egress to and from the Exclusive Easement Area at all times during the Term on a seven (7)days a week,twenty-four(24) hours per day basis. Grantee shall have the non- exclusive right to construct, reconstruct, add, install, improve, enlarge, operate, maintain and remove overhead and underground utilities, including,without limitation, electric, fiber,water, gas, sewer,telephone, and data transmission lines(including wires, poles,guys,cables, conduits and appurtenant equipment) in,on,or under the Access and Utility Easement Area in order to connect the same to utility lines located in a publicly dedicated right of way. Notwithstanding the foregoing,Grantor shall not in any manner prevent,disturb,and/or limit access to the Access and Utility Easement Area or use of the Access and Utility Easement by Grantee or any of the Permitted Parties,and Grantor shall not utilize the Access and Utility Easement Area in any manner that interferes with Grantee's or any of the Permitted Parties'use Site No:414382 Site Name:PORQSANDBURG OR of such area as expressly provided herein. In the event the Access and Utility Easement Area cannot, does not, or will not fully accommodate the access and utility needs of the Grantee during the Term,or if it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement Area are not encompassed within the description of the Access and Utility Easement Area as set forth herein, Grantor and Grantee agree to amend the description of the Access and Utility Easement Area provided herein to include the description of such areas and/or to relocate the Access and Utility Easement, for no additional consideration, and to create a revised legal description for the Access and Utility Easement Area that will reflect such relocation. The Access and Utility Easement and the rights granted herein with respect to the same shall be assignable by Grantee to any public or private utility company to further effect this provision without the consent or approval of Grantor. 7. Assignment. Grantee may assign this Agreement, in whole or in part, to any person or entity at any time without the prior written consent or approval of, or notice to, Grantor, including, but not limited to, an affiliate of Grantee. If any such assignee agrees to assume all of the obligations of Grantee under this Agreement,then Grantee will be relieved of all of its obligations,duties and liabilities hereunder. 8. Covenants;Representations;Warranties. a. Grantor hereby represents and warrants to Grantee the following:(I)Grantor is the owner in fee simple of the Easement Areas,free and clear of all liens and encumbrances;(ii)Grantor has the full authority and power to enter into and perform its obligations under this Agreement, and, to the extent applicable, the person or persons executing this Agreement on behalf of Grantor have the authority to enter into and deliver this Agreement on behalf of Grantor;(iii)to Grantor's knowledge, there is no condemnation proceeding pending or threatened against all or any portion of the Premises;(iv)no claim,litigation,proceeding,or investigation is pending or,to Grantor's knowledge,threatened against Grantor or all or any portion of the Premises that could affect Grantee's use of the Easement Areas as contemplated herein; (v)Grantor has not filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors or suffered the appointment of a receiver to take possession of substantially all of its assets; (v1) to Grantor's knowledge,the Premises is in compliance with all applicable laws,ordinances and regulations,including those governing Hazardous Materials (as defined below); (vii) to Grantor's knowledge, there is no proceeding pending or threatened to change the zoning status of the Premises; (viii) Grantor is not indebted to any party, including, without limitation, any local or state or the federal government for which a lien or claim of lien has been'or could be asserted against the all or any portion of the Premises;(ix)there are no leases,written or oral,affecting all or any portion of the Easement Areas, except for any agreements entered into between Grantee or its affiliates and third parties; (x) the Easement Areas do not constitute or form a part of Grantor's homestead,or, in the event that the Easement Areas are located upon homestead property,then Grantor's spouse (if applicable) shall join in the execution of this Agreement; (xi) Grantor has paid all taxes, assessments, charges, fees, levies, impositions and other amounts relating to the Premises due and payable prior to the Effective Date; and (xii) Grantee shall peaceably and quietly hold, exercise, and enjoy the Easements during the Term without any hindrance,molestation or ejection by any party whomsoever. b. During the Term,Grantor shall pay when due all real property,personal property,and other taxes,fees and assessments attributable to the Premises,including the Easement Areas. Grantee hereby agrees to reimburse Grantor for any personal property taxes in addition to any increase in real property taxes levied against the Premises,to the extent both are directly attributable to Grantee's improvements on the Easements(but not,however,taxes or other assessments attributable to periods prior to the date of this Agreement),provided,however,that Grantor must furnish written documentation(the substance and form of which shall be reasonably satisfactory to Grantee)of such personal property taxes or real property tax increase to Grantee along with proof of payment of same by Grantor. Anything to the contrary notwithstanding,Grantee shall not be obligated to reimburse Grantor for any applicable taxes unless Grantor requests such reimbursement within one(1)year after the date such taxes became due. Grantor shall submit requests for reimbursement in writing to:American Tower Corporation,Attn:Landlord Relations, 10 Presidential Way, Woburn,MA 01801 unless otherwise directed by Grantee from time to time. Subject to the requirements set forth in .this Section,Grantee shall make such reimbursement payment within forty-five(45)days of receipt of a written reimbursement request from Grantor. Grantee shall pay applicable personal property taxes directly to the local taxing authority to the extent such taxes are billed and sent directly by the taxing authority to Grantee. If Grantor fails to pay when due any taxes affecting the Premises as required herein,Grantee shall have the right,but not the obligation,to pay such taxes on Grantor's behalf and:(i)deduct the full amount of any such taxes paid by Grantee on Grantor's behalf from any future payments required to be made by Grantee to Grantor hereunder;(ii)and demand reimbursement from Grantor,which reimbursement payment Grantor shall make within ten(10)days of such demand by Grantee;and/or(iii) Site No:414382 Site Name:PORQ SANDBURG OR collect from Grantor any such tax payments made by Grantee on Grantor's behalf by any lawful means. c. Without Grantee's prior written consent,which consent may be withheld or conditioned in Grantee's sole and absolute discretion,Grantor shall not(i)cause any portion of the Easement Areas to be legally or otherwise subdivided from any master tract of which it is currently a part, or(ii) cause any portion of the Easement Areas to be separately assessed for tax purposes. d. Grantor shall not suffer, grant, create, transfer, or convey (or cause to be suffered, granted, created, transferred,or conveyed)any claim, lien, encumbrance, easement,interest, restriction or other charge or exception to title to the Easement Areas or any other portion of the Premises that would adversely affect Grantee's use of the Easement Areas as contemplated herein. e. Grantor shall not, and shall not permit any third party to use, generate, store, or dispose of any Hazardous Materials on,under, about,or within the Premises in violation of any Environmental Laws (as defined below). As used herein, "Hazardous Materials"shall mean any: contaminants, oils, asbestos, PCBs,hazardous substances,or wastes as defined by federal, state, or local environmental laws, regulations, or administrative orders or other materials the removal of which are required or the maintenance of which are prohibited or regulated by any federal, state, or local governmental authorities having jurisdiction over all or any portion of the Premises. As used herein, "Environmental Laws"shall mean any laws, regulations,ordinances,and/or administrative orders applicable to all or any portion of the Premises,which govern Hazardous Materials. f. Grantee shall not use, generate, store, or dispose of any Hazardous Materials on, under, about,or within the Easement Areas in violation of any Environmental Laws. g. Grantor hereby agrees to and does indemnify and shall defend and hold harmless Grantee and its officers, directors, shareholders, agents, contractors, and attorneys for, from, and against all damages asserted against or incurred by any of them by reason of or resulting from a breach by Grantor of any representation,warranty or covenant of Grantor contained herein. h. The representations,warranties,covenants,agreements,and indemnities contained in this section shall survive the execution and delivery of this Agreement indefinitely. 9. Non-Disturbance. During the Term,Grantor will not improve or alter the Premises or grant,convey,transfer,or otherwise enter into any other easement,ground lease,lease, license,or similar agreement or contract with respect to any portion of the Premises if the same would interfere with, disturb, limit, or impair Grantee's permitted use of the Easement Areas. Grantor hereby acknowledges that Grantee and the Permitted Parties are currently utilizing the Exclusive Easement Area for the purpose of transmitting and receiving communication signals,including,but not limited to, wireless telecommunications signals. Grantor and Grantee recognize and acknowledge that Grantee's use of the Easement Areas set forth in this Agreement would be materially frustrated if the communications signals were blocked or otherwise interfered with,or if access and/or utilities to and from the Exclusive Easement Area were inhibited,even if temporarily. Grantor, for itself, Its successors and assigns, hereby agrees to use its best efforts to prevent the occurrence of any of the foregoing and shall promptly undertake any remedial action necessary to comply with the terms and provisions of this Section. Grantee shall have the express right, among others, to seek an injunction to prevent any of the activities prohibited by this Section. 10. Grantee's Securltization Rights; Estoppel. Grantor hereby consents to the granting by Grantee of one or more leasehold mortgages,collateral assignments, liens,and/or other security interests(collectively,a "Security Interest")in Grantee's interest in this Agreement and all of Grantee's property and fixtures attached to and lying within the Exclusive Easement Area and further consents to the exercise by Grantee's mortgagee("Grantee's Mortgagee")of its rights to exercise its remedies,Including without limitation foreclosure,with respect to any such Security Interest. Grantor shall recognize the holder of any such Security Interest of which Grantor is given prior written notice (any such holder, a "Holder")as"Grantee"hereunder in the event a Holder succeeds to the interest of Grantee hereunder by the exercise of such remedies. Grantor further agrees to execute a written estoppel certificate within thirty (30) days of written request of the same by Grantee or Holder. 11. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service,or by First Class United States Mail, certified, return receipt requested to the addresses set forth below: Site No:414382 Site Name: POR tSANDBURG OR To Grantee: ATC Sequoia LLC To Grantor: HOG,L.P. c/o American Tower P.O.Box 4148 10 Presidential Way Bellevue,WA 98009 Woburn,MA 01801 With copy to: ATC Sequoia LLC c/o American Tower 116 Huntington Avenue Boston,MA 02116 Attn:Legal Department Grantor or Grantee,by thirty(30)days prior written notice to the other in the manner provided herein,may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein,shall be deemed to be receipt of any such notice 12. Force Maieure. The time for performance by Grantor or Grantee of any term, provision, or covenant of this Agreement shall automatically be deemed extended by time lost due to delays resulting from strikes, civil riots,floods, labor or supply shortages,material or labor restrictions by governmental authority,litigation,injunctions,and any other cause not within the control of Grantor or Grantee,as the case may be. 13. Miscellaneous. This Agreement shall be recorded at the sole expense of Grantee and shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. The captions and headings herein are for convenience and shall not be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provisions, scope or intent of this Agreement. This Agreement and any other documents executed in connection herewith , constitute the entire understanding between the parties with regard to the subject matter hereof and there are no representations, inducements, conditions, or other provisions other than those expressly set forth herein. Grantee has not provided any legal or tax advice to Grantor in connection with the execution of this Agreement. This Agreement may not be modified, amended, altered or changed in any respect except by written agreement that is signed by each of the parties hereto. 14. Cumulative Remedies. Except as otherwise expressly provided herein, each and every one of the rights, benefits and remedies provided to Grantor or Grantee in this Agreement,or In any instrument or documents executed pursuant to this Agreement,are cumulative and shall not be exclusive of any other of said rights,remedies and benefits allowed by law or equity to Grantor or Grantee. 15. Counterparts. This Agreement may be executed in several counterparts, each of which when so executed and delivered,shall be deemed an original and all of which,when taken together,shall constitute one and the same instrument, even though Grantor and Grantee are not signatories to the original or the same counterpart. 16. Severability. Should any part or provision of this Agreement be rendered or declared invalid by a court of competent jurisdiction,such invalidation of such part or provision shall not invalidate the remaining portions of the Agreement,and they shall remain in full force and effect and this Agreement shall be construed as if such part or provision had been so limited or as if such provision had not been included herein,as the case maybe. Additionally,if any laws,rules or regulations promulgated by any state,county or local jurisdiction,including without limitation those concerning zoning,subdivision or land use,or should any court of competent jurisdiction,make the sale of the Easements herein either void or voidable,Grantor agrees that upon the written request of Grantee,the parties shall execute a reasonably acceptable ground lease between Grantor,as landlord,and Grantee,as tenant(with the Exclusive Easement area being the leased premises therein,and the Access and Utility Easement area remaining a non-exclusive easement for access and utility purposes)for uses consistent with those set forth herein. The parties agree that no additional consideration shall be paid to Grantor for entering into such a lease and said lease must(a)expressly provide that Grantee shall not be required to obtain the consent of Grantor to enter into any sublease or license of any portion of the leased premises or to permit sublessees or licensees to utilize the non-exclusive easement for access and utilities, Site No:414382 Site Name:PORQ SANDBURG OR (b)be for a term of ninety-nine(99)years,or as long as permitted by applicable law. 17. Attorney's Fees. If there is any legal action or proceeding between Grantor and Grantee arising from or based on this Agreement, the non-prevailing party to such action or proceeding shall pay to the prevailing party all costs and expenses, including reasonable attorney's fees and disbursements, actually incurred by such prevailing party in connection with such proceeding and in any appeal in related thereto. If such prevailing party recovers a judgment in any such action, proceeding or appeal,such costs,expenses and attorney's fees and disbursements shall be included in and as a part of such judgment. 18. Zoning. To the extent any improvements in,on,or within the Exclusive Easement Area do not meet zoning or other land-use requirements,or to the extent such improvements may otherwise have to be relocated,Grantor hereby consents to the reasonable relocation of such improvements to accommodate such requirements. Grantor hereby agrees to reasonably cooperate with Grantee to create a revised legal description for the Exclusive Easement Area and the Access and Utility Easement Area that will accommodate the requirements for any relocated tower,including its access and utility needs. Grantor hereby covenants and agrees that(a)neither Grantor nor any affiliate of Grantor shall at any time oppose in any manner(whether at a formal hearing,in written documentation,or otherwise)any zoning, land use or building permit application of Grantee and(b)Grantor shall promptly cooperate with Grantee in making application for and/or otherwise obtaining all licenses,permits,and any other necessary approvals that may be required for Grantee's intended use of the Easement Areas. 19. Assignment of Ground Lease. Grantor hereby assigns to Grantee all of Grantor's beneficial rights, title and interest in,to and under all of the existing leases,licenses and other agreements for use or occupancy of the Easements, including, but not limited to, those agreements listed on Exhibit "D" attached hereto (the "Current Agreement"), including without limitation,the right to receive any and all rents and other monies payable to Grantor thereunder and including during any and all extensions thereof("Contract Revenues"). Grantor hereby represents and warrants that as of the Effective Date there are no leases, license or other agreements pertaining to the Premises other than the Current Agreement. Notwithstanding the foregoing assignment to Grantee,Grantor agrees that Grantor remains the fee owner of the Premises and Grantor remains obligated to comply with all obligations of the lessor or Grantor under the Current Agreement, as same may be extended or renewed,which relate to the ownership, maintenance, operation and use of the Premises. Such obligations are hereby expressly excluded from the foregoing assignment. Grantor hereby acknowledges that as of the Effective Date none of the improvements located at the Site pursuant to the Current Agreement encroach outside the Premises. Grantor hereby certifies to Grantee that to the best of Grantor's knowledge the Current Agreement is in full force and effect,that Grantor is not in default or breach of any of its obligations under the Current Agreement,that Grantor has received no notices alleging a default under the Current Agreement,and that as of the date hereof the lessee under the Current Agreement has no claim against Grantor. Grantor agrees to indemnify and hold Grantee harmless from and against all loss,cost,damage,and expense,including,without limitation, reasonable attorney fees, arising out of any act, omission, or default by Grantor under the Current Agreement that occurred prior to the Effective Date. 20, Further Acts; Attorney-In-Fact. Grantor, at Grantee's sole cost and expense, shall cooperate with Grantee in executing any documents necessary to protect Grantee's rights under this Agreement or Grantee's use of the Easements and to take such action as Grantee may be reasonably required to effect the intent of this Agreement. Grantor hereby irrevocably appoints Grantee as Grantor attorney-in-fact coupled with an interest to prepare, execute, deliver, and submit land-use, building permit and zoning applications related to Grantee's permitted use of the Easement Areas, on behalf of Grantor,to federal,state and local governmental authorities. 21. Survey. Grantee may elect,at Grantee's expense, to cause a boundary, as-built or similar survey of all or any portion of the Easement Areas(the"Survey")to be prepared by a surveyor duly licensed under the laws of the state in which the Premises is located. Grantor further agrees that upon written notice from Grantee to Grantor,Grantee may elect, in Grantee's sole and absolute discretion, to replace Exhibit B and Exhibit C with a revised Exhibit B and Exhibit C depicting and/or describing the Exclusive Easement Area and Access and Utility Easement Area, as applicable, in accordance with the Survey prepared at Grantee's election. 22. Waiver. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL GRANTOR OR GRANTEE BE LIABLE TO THE OTHER FOR,AND GRANTOR AND GRANTEE HEREBY WAIVE,TO THE FULLEST Site No:414382 Site Name:PORQ SANDBURG OR EXTENT PERMITTED UNDER APPLICABLE LAW, THE RIGHT TO RECOVER INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,LOSS OF USE OR LOSS OR BUSINESS OPPORTUNITY),PUNITIVE, EXEMPLARY,AND SIMILAR DAMAGES. 23. Condemnation. In the event Grantor receives notification of any condemnation proceeding affecting the Easement Areas,or any portion thereof,Grantor shall provide notice of the proceeding to Grantee within forty-eight (48)hours. If a condemning authority takes all of the Easement Areas,or any portion thereof,Grantee shall be entitled to pursue Grantee's own award in the condemnation proceeds,which for Grantee will include,where applicable,the value of its communications facility,moving expenses,consideration paid to Grantor for the Easements,and business dislocation expenses. [END OF DOCUMENT—SIGNATURE PAGES AND EXHIBITS TO FOLLOW] Site No:414382 Site Name: PORQ SANDBURG OR IN WITNESS WHEREOF,the parties hereto have executed this Agreement under seal as of the day and year set forth below. GRANTOR: HDG L.P. A Washington Um' ed partnership , Signature: i/jaii/ (.:U By: 7dri PA;4 .Ur/ Its: Date: U"// /S Acknowledgment GRANTOR State/Commonwealth of ) ' I1, ? ss: /Zny County of � firth On this the 17 Al.day of itith bt r 201 5 , before me, the undersigned Notary Public, personally appeared iIIrrr1/2n 1 6o LCG/U , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument,the person(s)or the entity upon which the person(s)acted,executed the Instrument. werrrn, WITNESS my hand and,official seal. y�� sR!i4f ., /�� .4).,tell did,,, �A tr. Signature: /I��/ T :,+ �01,t9yA9 Z% Notary Public iJ ; {"i}�_ y•m= My Commis Expires: i1-3 6 `� ` tfil '*1 Site No:414382 Site Name:PORQ SANDBURG OR GRANTEE: ATC Sequoia LLC a Delaware limi lability compan, Signature: By; _ war . i '3"}f— Its: Senior oun,� �r Date: { `)_L , Acknowledgement GRANTEE Commonwealth of Massachusetts County of Middlesex On this the 01S1-day o k.>¢4, 201", before me, the undersigned Notary Public, personally appearecea LITINRmCtq ,)(�-\ personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument,the person(s)or the entity upon which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Notary ublic My m fission Expires: 4 17.011P {Seal} NICOLE C.MONTGOMERY Notary Publlo husetis Attachments: Comoro� m lon Kilos Ivrir Exhibit"A"-Premises 74311122,2076 Exhibit"B"-Exclusive Easement Area Exhibit"C"-Access and Utility Easement Area Exhibit"D"-Current Agreement Site No:414382 Site Name: PORQSANDBURG OR Exhibit"A"-Premises This Exhibit A may be replaced by descriptions and/or depictions from an As-Built Survey conducted by Grantee at Grantee's option that depict and/or describe the Premises A portion of Block 4, SALEM FREEWAY SUBDIVISION,situated in the Southeast one-quarter of Section 1,Township 2 South, Range 1 West of the Willamette Meridian,in the City of Tigard, County of Washington and State of Oregon,more particularly described as follows: Beginning at the most Easterly Southeast corner of said Block 4; thence North 88°47'50"West along the South line thereof, a distance of 170.03 feet; thence North 5°21'15"West 238.76 feet to a point in the South line of Sandburg Street; thence South 88°47'00" East along said South line, a distance of 197.35 feet to the most Easterly Northeast corner of said Block 4;thence South 1°13'00"West along the East line of said Block 4,a distance of 237.15 feet to the point of beginning. Being Washington County APN R459989. Site No:414382 Site Name:PORQ SANDBURG OR Exhibit"B"—Exclusive Easement Area This Exhibit B may be replaced with descriptions and/or depictions from an As-Built Survey conducted by Grantee at Grantee's option that depict and/or describe the Exclusive Easement Area,and if applicable,guy wire and guy anchor easements A PORTION OF BLOCK 4, SALEM FREEWAY SUBDIVISION, SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1,TOWNSHIP 2 SOUTH,RANGE l WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON ROD FOUND AT THE NORTHWEST CORNER OF THE PORTION OF BLOCK 4 RECORDED AS PS-14876 ON OCTOBER 5, 1973 IN THE OFFICE OF THE WASHINGTON COUNTY SURVEYOR; SAID POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF SW SANDBURG STREET(50'WIDE)AND FROM WHENCE AN IRON BAR BEARS NORTH 88°54'04"WEST AT A DISTANCE OF 91.20 FEET;THENCE SOUTH 5°27'18"EAST ALONG THE WESTERLY PROPERTY LINE OF SAID PS-14876 A DISTANCE OF 186.29 FEET; THENCE DEPARTING SAID PROPERTY LINE NORTH 84°51'10"EAST, 12.39 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 84°51'10"EAST, 34.95 FEET TO THE FACE OF AN EXISTING BUILDING;THENCE SOUTH 5°24'41"EAST ALONG THE FACE OF SAID BUILDING 10.89 FEET TO A BUILDING CORNER;THENCE NORTH 84°35'20"EAST ALONG THE FACE OF SAID BUILDING 30.00 FEET;THENCE DEPARTING SAID BUILDING FACE SOUTH 5°08'50"EAST 15.25 FEET;THENCE SOUTH 84°51'10"WEST,65.00 FEET; THENCE NORTH 5°08'50"WEST,26.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,365 SQUARE FEET(0.031 ACRES),MORE OR LESS. Site No:414382 Site Name:PORQ SANDBURG OR Exhibit"C"—Access and Utility Easement Area This Exhibit C may be replaced with descriptions and/or depictions from an As-Built Survey conducted by Grantee at Grantee's option that depict and/or describe the Access and Utilities Easement Area All existing utility and access easements from Exclusive Easement Area to a public right of way,including: A PORTION OF BLOCK 4,SALEM FREEWAY SUBDIVISION,SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WIT A AMETTE MERIDIAN,IN THE CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON ROD FOUND AT THE NORTHWEST CORNER OF THE PORTION OF BLOCK 4 RECORDED AS PS-14876 ON OCTOBER 5, 1973 IN THE OFFICE OF THE WASHINGTON COUNTY SURVEYOR; SAID POINT LYING ON THE SOUTHERLY RIGHT OF WAY OF SW SANDBURG STREET(50'WIDE)AND FROM WHENCE AN IRON BAR BEARS NORTH 88°54'04"WEST AT A DISTANCE OF 91.20 FEET;THENCE SOUTH 5°27'18"EAST ALONG THE WESTERLY PROPERTY LINE OF SAID PS-14876 A DISTANCE OF 186.29 FEET; THENCE DEPARTING SAID PROPERTY LINE NORTH 84°51'10"EAST, 13.45 FEET TO THE POINT OF BEGINNING;THENCE NORTH 5°27'18"WEST, 184.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF SW SANDBURG STREET(50'WIDE);THENCE SOUTH 88°53'03"EAST SAID RIGHT OF WAY 12.08 FEET;THENCE SOUTH 5°27'18"EAST 183.50 FEET;THENCE SOUTH 84°51'10"WEST, 12.00 FEET TO THE POINT OF BEGINNING; CONTAINING 2,210 SQUARE FEET(0.051 ACRES),MORE OR T.FSS. Site No:414382 Site Name:PORQ SANDBURG OR Exhibit"D"—Current Agreement That certain Option and Site Lease Agreement dated February 5,1997 by and between J&K Properties Corp.,as Lessor, and USWEST Communications Wireless Group,as Lessee,as amended,and as memorialized by that certain Memorandum of Lease dated November 22,1999 by and between J&K Properties Corp.,as Grantor,and USWEST Communications Wireless Group,as Grantee,as amended,and recorded with the Washington County Clerk on March 16,2001 as document 2001021906. Site No:414382 Site Name:PORQ SANDBURG OR CITY OF TIGARD BUILDING PERMIT I COMMUNITY DEVELOPMENT Permit#: BUP2022-00242 13125 SW Hall Blvd., Tigard OR 97223 503.718.2439 Date Issued: 11/8/2022 Parcel: 2S101DD00702 Jurisdiction: Tigard Site address: 6900 SW SANDBURG ST Project: T-Mobile Subdivision: SALEM FREEWAY SUBDIVISION Lot: 4 Project Description: Remove existing Spring antenna array and add new T-Mobile equipment platform and antennas to tower in addition to new ground equipment. Contractor: SUMMIT SOLUTIONS GROUP LLC Owner: HDG LP PO BOX 2676 1603 133RD PL NE BATTLE GROUND, WA 98604 BELLEVUE, WA 98005 PHONE: 541-549-6620 PHONE: FAX: Specifics: FEES Description Date Amount Type of Use: COM Class of Work: ALT Type of Const: IB Permit Fee-Additions,Alterations, 10/28/2022 $729.45 Occupancy Grp: U Occupancy Load: 0 Demolition Dwelling Units: 0 12%State Surcharge-Building 10/28/2022 $87.53 Plan Review 10/04/2022 $474.14 Stories: 0 Height: 0 ft DC Provision Review,COM TI-Ping 10/28/2022 $110.00 Bedrooms: 0 Bathrooms: 0 Info Process/Archiving-Sm$0.50(up to 10/28/2022 $23.50 Value: $50,000 11x17) Floor Areas: Total Area: 0 Accessory Struct: 0 Basement: 0 Carport: 0 Covered Porch: 0 Deck: 0 Garage: 0 Mezzanine: 0 Total $1,424.62 Required: Required Items and Reports(Conditions) Fire Sprinkler: Parapet: Fire Alarm: Protected Corridors: Smoke Detectors: Manual Pull Stations: Accessible Parking: 0 This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and all other applicable law. All work will be done in accordance with approved plans. This permit will expire if work is not started within 180 days of issuance, or if work is suspended for more the 180 days. ATTENTION: Oregon law requires you to follow the rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR 952-001-0010 through OAF 952-001-0090. You may obtain a copy of the rules or direct questions to OUNC by calling 503.232.1987 or 1.800,332.2344. Issued By: ;, �� �,� r� l r i J( . 2 Permittee Signature: LA' � / Call 503.639.4175 by 7:00 a.m.for the next available inspection date. This permit card shall be kept in a conspicuous place on the job site until completion of the project. Approved plans are required on the job site at the time of each inspection. Building Permit Application GEI, (CD "� V G Commercial B FOR OFFICE USE ONLY City of Tigard j\ ' 0 2022 Recei /0 03 Z2 eup2oZZ�Zii >•i PermitNo.: =" 13125 5W Hall Blvd.,Tigard,OR 97223 ARD Plan Review , - Phone: 503-718-2439 Fax: 503-598.1960C,�(Q���G 'Q� y, f Q���Z f Related Permit: TIGARI) Inspection Line: 503-639-4175 p1�1S Dam Rea !B Internet: www.tigardor.gov BUILD\N Notified/MM]wd y 1ivi6: 61 See Page 2 for [ 4,X 2* 4/ Supplemental Information FlNen TYPE OF WORK REQUIRED DATA:1-AND 2-FAMILY DWELLING 0 New construction 0 Demolition Permit fees*are based on the value of the work performed. Indicate the value(rounded to the nearest dollar)of all ®Addition/alteration/replacement 0 Other: equipment,materials,labor,overhead,and the profit for the CATEGORY OF CONSTRUCTION work indicated on this application. ❑ 1-and 2-family dwelling ElCommercial/industrial Valuation: $ ❑Accessory building 0 Multi-family Number of bedrooms: ❑Master builder 0 Other: Number of bathrooms: JOB SITE INFORMATION AND LOCATION Total number of floors: Job site address:6900 SW Sandburg Street New dwelling area: square feet City/State/ZIP:Tigard, OR 97223 Garage/carport area: square feet Suite/bldg./apt.#: Project name:ATC#41438VT-Mobile P001317A Covered porch area: square feet Cross street/directions to job site: Deck area: square feet Other structure area: square feet REQUIRED DATA:COMMERCIAL-USE CHECKLIST Subdivision: Lot#: Permit fees*are based on the value of the work performed. Tax map/parcel#:2S 101 DD00702 Indicate the value(rounded tothe nearest dollar)of all equipment,materials,labor,overhead,and the profit for the DESCRIPTION OF WORK work indicated on this application. T-Mobile to remove existing Sprint antenna array and add new T-Mobile equipment Valuation: $50,000 platform and antennas to tower in addition to new ground equipment.See Sheet T-1 Existing building area: square feet of proposed plans for complete scope of work. New building area: square feet 0 PROPERTY OWNER ® TENANT Number of stories: Name:ATC for T-Mobile Type of construction:V-B Address:10 Presidential Way Occupancy groups:Utility City/State/ZIP:Woburn,MA 10801 Existing: Phone:( 949)447.2303 Fax:( )N/A New: 0 APPLICANT ® CONTACT PERSON BUILDING PERMIT FEES, Business name:l nfinigy Mouse refer miss wheal) Contact name:Reid Stewart Structural plan review fee(or deposit): Address:PO Box 584 FLS plan review fee(if applicable): City/state/ZJP:Boring, OR 97009 Total fees due upon application: y>v �� Phone:(503)720.6526 Fax::( )N/A Amount received: E-mail:reid.stewart@icloud.com PHOTOVOLTAIC SOLAR PANEL SYSTEM FEES* CONTRACTOR Commercial and residential prescriptive installation of roof-top mounted PhotoVoltaic Solar Panel System. C Business name:TBD-Out to bid 0 `N-,,i.- i� 1 Submit two(2)sets of roof plan with connection details Address: Q let, /j+7& and fire department access,along with the 2010 Oregon ( a Solar Installation Specialty Code checklist. City/State/ZIP: ,Qw Vic_jt /�,,,n__ d t - 164,6d,/ Permit fee(includes plan review $180.00 Phone:( 0� 00-033 F ( )/ and administrative fees): / State surcharge(12%of permit fee): $21.60 CCB Lie.: 1 Ceo/oT b 7 g/)-a l I Total fee due upon application: $201.60 Authorized signature: Thb permit application expires if a permit Is not obtained within 180 days after it has been accepted as complete. Print name:Reid St arUlnfinigy Date:07/10/2022 * Fee methodology set byTri-County Building Industry Service Board. I:1Building1Permitt1RUP_COM_PermitApp,doc Rev.04/21/2014 440-46I3T(11/02/COM/WEB) City of Tigard •COMMUNITY DEVELOPMENT DEPARTMENT IIIAccessibility: Barrier Removal Improvement Plan Commercial & Multi-Family - Additions or Alterations TIGARD 13125 SW Hall Blvd. •Tigard,Oregon 97223 • 503.718.2439 • www.tigard-or.gov REQUIREMENT: OREGON REVISED STATUTE (ORS)447.241. (1) Every project for renovation,alteration of modification to affected buildings and related facilities shall be made to insure that the path of travel to the altered area and the restroom, telephones and drinking fountains are readily accessible to individuals with disabilities unless such alterations are disproportionate to the overall alterations in terms of cost and scope. (2) Alterations made to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds twenty-five percent(25%). VALUATION: Total of all renovation,alteration or modification being done, excluding painting and wallpapering [1] $ MULTIPLIER(25%barrier removal requirement): x .25 TOTAL BUDGET FOR BARRIER REMOVAL: [2] $ ELEMENTS: In choosing which accessible elements to provide under this section,priority shall be given to those elements that will provide the greatest access. Elements shall be provided in the following order: (a) Parking $ (b) An accessible entrance: $ (c) An accessible route to the altered area: $ (d) At least one accessible restroom for each sex or a single unisex restroom: $ (e) Accessible telephones: $ (f) Accessible drinking fountains:and, $ (g) When possible,additional accessible elements such as storage and alarms: $ TOTAL(shall equal line [2]of Valuation Computation): $ I:\Building\Permits\BUP_COM_PermitApp.doc Rev.03/05/2019 A City of Tigard COMMUNITY DEVELOPMENT DEPARTMENT .111 TIGARD Building Permit Review — Commercial - No Land Use Building Permit #: 113UP2-022-0024 Site Address: ( '1OO SW 9V1 d Suite/Bldg#: Project Name: _PVlp)0tk11 i2 Q fe 13 ?p1 (Name of commercial business occupying the space. If vacant,enter Spec Space.) Planning Review Proposal: 1?-elripvt, tics s11 VA t t all Twbb ilt quip kgto*Vellsotilinnov5 f=limita otwportffik Existing Business Activity: '•trtAfi� �i� Proposed Business Activity: t ckAtA)s 11-� Verify site address/suite# exists and active in permit`sstem. ❑ River Terrace Neighborhood: ❑ Yes ) No no'oning: "APermitted Use: Yes ❑ No ❑ Spec Space Confirm no land use required. us1ness License: Exists: '. Yes ❑ No,applicant was provided a business license application Notes: Approved by Planning: a Date: IP/2-SI ZZ Revisions (after Building Submittal only) Reviewer Date Revision 1: ❑ Approved ❑ Not Approved Revision 2: ❑ Approved ❑ Not Approved Revision 3: ❑ Approved ❑ Not Approved Building Permit Submittal Original Submittal Date: Aj/?Q2D� Site Plans: # !!! Building Plans: # ,3 Building Permit#: le- ntcr building permit#above. Workflow Routing. Er-Planning ❑ Permit Coordinator [ uilding Workflow Sign-off: ❑ Sign-off for Planning(include notes from planning review) Route Application Documents: ❑ Building: original permit application,site plans,building plans,engineer and beam calculations and trust details,if applicable,etc. Notes: By Permit Technician: Date: /4347- f1022— I:\Building\Forms\BldgPermitRvw COM NoLandUse 111819.docx Permit Coordinator Review ❑ Conditions "Met"prior to issuance of building permit ❑ Approved,NOT Released: Date: Notes: Revisions (after Building Submittal only) Revision Notice 1: Date Sent to A. cant: Revision Notice 2: Date Sent t. 'pplicant: Revision Notice 3: Date S- to Applicant: ❑ SDC Fees Entered: ash Co Trans Dev Tax: ❑ Yes ❑ N/A Tigard Trans SDC: ❑ Yes ❑ N/A Parks SDC: ❑ Yes ❑ N/A ❑ OK to Issue ermit Approv by Permit Coordinator: Date: I:\Building\Forms\B1 dgPermitRvw_COM_NOLandUse_11 l 819.docx City of Tigard " COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Collocation Supplemental Questionnaire SITE INFORMATION Collocating antenna is on: Existing tower ❑ Existing non-tower structure Address: 6900 SW Sandburg Street City/State: Tigard, OR Zip: 97223 PROVIDER INFORMATION Name of provider: T-Mobile Has this provider previously served Tigard? ® Yes ❑ No Contact name: Bryan Elvert Phone: 562.234.6711 List other providers currently collocating on same tower or structure: Verizon & Sprint (Sprint to be removed) Approved land use case number: CUP1997 00003 ANTENNA INFORMATION Existing: New: Height of antennas: 97 RAD center ft. Height of antennas: 94 RAD center ft. Color of antennas: N/A- removed Color of antennas: Paint to match Color of equipment: N/A - removed Color of equipment: Paint to match Accommodating equipment: Mount Accommodating equipment: RRUs, platform mount ground equipment cabinets. Will new accessory equipment be installed? 2 Yes ❑ No Location of new accessory equipment: l21 Within previously approved fenced area ❑ Within existing structure ❑ Other location: Will landscaping be removed to accommodate the accessory equipment? ❑ Yes ® No If yes, describe here: N/A AA.",5' t Reid Stewart/Infinigy 06/28/2022 Applicant's signature Print name Date **See Letter of Authorization Pole/structure owner's signature Print name Date STAFF USE ONLY Zone: t" Approved ❑ Not approved Received by: av Date: Si (ZS F 2 Reasons for denial: City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of A AMERICAN TOWER* CORPORATION LETTER OF AUTHORIZATION ATC SITE#/NAME/PROJECT: 414382/PORQ SANDBURG OR/13719582 SITE ADDRESS: 6900 SW Sandburg Street,Tigard,OR 97223 APN: R2144034 LICENSEE : T-MOBILE d/b/a T-MOBILE WEST LLC I, Margaret Robinson, Vice President, UST Legal on behalf of American Tower* by and through its wholly owned subsidiary, ATC Sequoia LLC, as attorney-in-fact for Hdg LP** do hereby authorize T-MOBILE d/b/a T-MOBILE WEST LLC, lnfinigy Solutions, LLC, their successors and assigns, and/or their agent, (collectively, the"Licensee") to act as American Tower's non-exclusive agent for the sole purpose of filing and consummating any land-use, building, or electrical permit application(s) as may be required by the applicable permitting authorities for Licensee's telecommunications' installation on the Tower Facility. American Tower understands that this application may be denied, modified or approved with conditions. The above authorization is limited to the acceptance by Licensee only of conditions related to Licensee's installation and any such conditions of approval or modifications will be Licensee's sole responsibility. /hi ///, Signature: Margaret Robinson,Vice President,UST Legal US Tower Division NOTARY BLOCK COMMONWEALTH OF MASSACHUSETTS County of Middlesex This instrument was acknowledged before me by Margaret Robinson, Vice President, UST Legal of American Tower (Tower Facility owner and/or operator),personally known to me (or proved to me based on satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. WITNESS my hand and official seal,this 12th day of August 2022. NOTARY SEAL GERARD t NEFFRON Notary Public Notary Pubic My Commission Expires:August 9th,2024 � Comma mmail r or Massachusetts �M August 9, 24 *American Tower as used herein is defined as American Tower Corporation and any of its affiliates or subsidiaries. **For authority,see the Easement and Assignment Agreement attached herewith. 10 Presidential Way • Woburn,MA 01801 • 781.926.4500 Office • 781.926.4555 Fax • www.americantower.com