The URL can be used to link to this page

Home My WebLink AboutDoc 002 - SO Sublease to Bend CableDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org I AGENDA REQUEST & STAFF REPORT j 1 For Board Business Meeting of January 23, 2013 J ~• J DATE: January 7,2013 FROM: Darryl Nakahira Department: Sheriff's Office Phone: 541-617-3369 1 TITLE OF AGENDA ITEM: Consideration of Board signature of Sublease Agreement Document 2013-002 PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The Sheriff's Office leases a small plot ofland from the Forest Service on which the Sheriff's Office has a 12x17 foot building that houses equipment for the Sheriff's Office communication system. In the fall of2012, Bend Cable Communications approached the Sheriff's Office and requested to rent space in the Sheriff's building to house Bend Cable Communications equipment. Since the Sheriff's Office leases the land from the Forest Service, the Sheriff's Office was required to notify all other users of the radio site. No comments from the other users were received during the 30-day comment period. The Sheriff's Office received notification from the Forest Service that the Sheriff's Office could proceed with the sublease. FISCAL IMPLICATIONS: Bend Cable Communications will pay the Sheriff's Office $2,450.00 as rent for the first year. Rent for each subsequent year will increase at the rate of 3% per year beyond that paid during the preceding year. RECOMMENDATION & ACTION REQUESTED: Approve and sign Document 2013-002 Sublease Agreement ATTENDANCE: Captain Erik Utter, Sheriff's Office; Darryl Nakahira, Sheriff's Office DISTRIBUTION OF DOCUMENTS: Call Pat Davis, x3367, Sheriff's Office Legal Assistant, when one original is ready to be picked up. DESCHUTES COUNTY DOCUMENT SUMMARY Date: January 7, 2013 Department: Sheriffs Office Lessor Name: Bend Cable Communications, LLC Lessor Contact: Eric Anderson Phone #: 541-312-6582 Type of Document: Document 2013-002 is a Sublease Agreement between Deschutes County, by and through its Sheriffs Office, and Bend Cable Communications, LLC. Goods and/or Services: Through this sublease, the Sheriffs Office will allow Bend Cable Communications, LLC to lease space in and on the Sheriffs equipment building located on Antelope Butte on Pine Mountain. Bend Cable Communications will place one cabinet, 20x25x5 inches tall, in the building. The cabinet will house various communications equipment. Additionally, they will mount two antennas on a tripod mast and one microwave dish on the roof of the building. Background & History: The Sheriffs Office leases a small plot of land from the Forest Service on which the Sheriffs Office has a 12x17 foot building that houses equipment for the Sheriffs Office communication system. In the fall of 2012, Bend Cable Communications approached the Sheriffs Office and requested to rent space in the Sheriffs building to house Bend Cable Communications equipment. Since the Sheriffs Office leases the land from the Forest Service, the Sheriffs Office was required to notify all other users of the radio site. No comments from the other users were received during the 30-day comment period. The Sheriffs Office received notification from the Forest Service that the Sheriffs Office could proceed with the sublease. Agreement Starting Date: Upon the signature of all parties Ending Date: Five years from the agreement starting date Annual Value or Total Payment: Bend Cable Communications will pay the Sheriffs Office $2,450.00 as rent for the first year. Rent for each subsequent year will increase at the rate of 3% per year beyond that paid during the preceding year. kg] Insurance Certificate Received (check box) Insurance Expiration Date: 9/1/2013 J Check all that apply: N/A D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget?) D Yes ~ No If No, has budget amendment been submitted? DYes ~ No Is this a Grant Agreement providing revenue to the County? D Yes ~ No Sheriffs Approval: --#-\---f---H7F----"--- Date Distribution of Document: Call or email Pat Davis, Sheriff's Office Legal Assistant , x3367 , when ready to be picked up. Official Review: County Signature Required (check one): D BOCC D Department Director (if <$25K) ~Administrator (if >$25K but <$150K; if >$150K, BOCC Order No . ____-i) Legal Review Date /1 t l (~ Document Number 2013-002 Slle Name: Pine Mountain Anlelope County: Deschutes State: OR SUBLEASE AGREEMENT DOCUMENT 2013-002 THIS LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below ("Effective Date"), is entered into by the Deschutes County Sheriff's Office, having a mailing address of 63333 Highway 20 West, Bend, Oregon, 97701 (hereinafter referred to as "Landlord") and Bend Cable Communications, LLC an Oregon Corporation, having a mailing address of 63090 Sherman Road, Bend, OR 97701 (hereinafter referred to as "Tenant"). BACKGROUND Landlord controls through a Special Use Permit with the United States Forest Service, USFS (hereinafter referred to as "Prime Lease"), that certain plot, parcel or tract of laM, together with all rights and privileges arising in connection therewith, located in Township 20S, Range 15E, Section 25, NE 1/4 NW 1/4 SE 1/4 SW 1/4 in the County of Deschutes, State of Oregon. and known as Pine Mountain (Antelope Butte) (collectively, the "Property"). Landlord owns and operates a communications facility including a 12' wide X 17' long X 10' high equipment shelter, one 25 kW generator and one 500 gallon propane tank (collectively, the "Communication Facility").Tenant desires to use a portion of the Communication Facility in connection with its communications business activities . Landlord desires to grant to Tenant the right to use a portion of the Communication Facility in accordance with this Agreement. The parties agree as follows: 1. SUBLEASE OF PREMISES~ Landlord subleases to Tenant a certain portion of the Communication Facility containing one rack space for its communications equipment in the shelter as well as space on the shelter for its communications antennas as described on attached Exhibit 1, Description of Premises, together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Property to the Premises as described on the attached Exhibit 1 (collectively, the "Premises"). 2. PERMITTED USE. (a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures and related eqUipment. cables and accessories (collectively, the "Permitted Use"). (b) Tenant agrees to comply with the Prime Lease, attached as Exhibit 3, as well as all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Pine Mountain Ant elope Bend CabJe Communications. LLC LEGAl. COUNSEl Site Name: Pine Mountain Antelope County:. Deschutes State: OR 1 I I SUBLEASE AGREEMENT COCUM ENT 2013-002 THIS LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below ("Effective Date"), is entered into by the Deschutes County Sheriff's Office, having a mailing address of 63333 Highway 20 West, Bend, Oregon, 97701 (hereinafter referred to as "Landlord") and Bend Cable Communications, LLC an Oregon Corporation, having a mailing address of 63090 Sherman Road, Bend, OR 97701 (hereinafter referred to as 'Tenant"). BACKGROUND Landlord controls through a Special Use Permit with the United States Forest Service, USFS (hereinafter referred to as "Prime Lease"), that certain plot. parcel or tract of land, together with all rights and privileges arising in connection therewith, located in Township 20S, Range 15E, Section 25, NE 114 NW 1(4 SE 1/4 SW 1/4 in the County of Deschutes, State of Oregon. and known as Pine Mountain (Antelope Butte) (collectively, the "Property"). Landlord owns and operates a communications facility including a 12' wide X 17' long X 10' high equipment shelter, one 25 kW generator and one 500 gallon propane tank (collectively, the "Communication Faeility").Tenant desires to use a portion of the Communication Facility in connection with its communications business activities. Landlord desires to grant to Tenant the right to use a portion of the Communication Facility in accordance with this Agreement. The parties agree as follows: 1. SUBLEASE OF PREMISES. Landlord subleases to Tenant a certain portion of the Communication Facility containing one rack space for its communications equipment in the shelter as well as space on the shelter for its communications antennas as described on attached Exhibit 1, Description of Premises, together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Property to the Premises as described on the attached Exhibit 1 (collectively, the "Premises"). 2. PERMITTED USE. (a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures and related eqUipment, cables and accessories (collectively, the "Permitted Use"). (b) Tenant agrees to comply with the Prime Lease, attached as Exhibit 3, as well as all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Pine Mountain Antelope Bend Cable COnutlllnications, U£ (c) Tenant may modify, supplement. upgrade, expand the equipment or increase the number of antennas within the Premises only with Landlord's written permission, which shall not be unreasonably withheld. 3. TERM. (a) The initial lease term commences on the Effective Date and expires at five (5) years from Effective Date. ("Initial Term"), (b) Subject to the limitations of the Prime Lease, this Agreement may be renewed for one (1) additional five (5) year term which will be defined as the "Renewal Term", upon the same terms and conditions, only by written amendment. (c) The Initial Term and the Renewal Terms are collectively referred to as the Term ("Term"). 4. ,BENT/C9,~SJDERATIQN. (a) Commencing on the first day of the month following the Effective Date and on each anniversary of the Effective Date thereafter, Tenant shall pay the Landlord, in advance, an annual rental payment. Tenant shall pay landlord the amount of Two Thousand Four Hundred Fifty and No/100 Dollars ($2,450.00) as the initial rent payment ("Base Rent"), at the address set forth below. Thereafter, rent for each subsequent year of this Agreement shall increase at the rate of 3% per year beyond that paid during the preceding year, as provided below ("Annual Rent"). A partial year for the last year of the Lease term, if not renewed, would be prorated based on the fraction of the number of the days of tenancy/365 x annual rate. Year Payment Made h Rent Payment 2013. . . . 450.00 BaSe. Rent 2014 2.$53.5() Annual Rent 2015 2 660.10 Annual Rent 2016 2.769.91 Annual Rent 2017 2~883.00 Annual Rent (b) Other than Base Rent due and payable on the Effective Date, which Tenant shall pay to Landlord within a reasonable time and without Landlord billing for such Base Rent, landlord shall bill Tenant for Annual Rent, prorated as necessary for the upcoming year at least 30 days prior to the anniversary of the Effective Date. All other charges payable under this Agreement ("Other Charges") shall be billed by Landlord within six (6) months from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The provisions of the foregoing sentence shall survive the termination or expiration of this Agreement. (c) Additional USFS Rent. In addition to the basic rent required to be paid pursuant to 4 (a) above, Tenant shall pay Other Charges levied under the terms of the Prime Lease on the Landlord as a result of the Tenant's co-location. The Other Charges are defined on the USFS published Rental Fee Schedule for Communications Uses for each Calendar Year. Pine Mountain Antelope Bend Cable Communications. LLC2 1 5. APPROVALS. Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. 6.TEBMINATlON. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on sixty (60) days prior written notice, if the other party remains in default under Paragraph 15 Default and Right to Cure of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s} or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; (c) by Tenant upon written notice to Landlord for any reason. Tenant shall pay related outstanding USFS co-location fees for remainder of calendar year or following calendar year if termination notice is submitted after September 1st of current calendar year; or (d) by Landlord, if for any reason the Prime Lease is terminated; however, Landlord shall use good faith efforts to keep such Prime Lease in effect. 7. INSURANCE. (a) Landlord is self-insured under ORS 30.282(2) up to the limits described in ORS 30.271 and 30.273. In addition, Landlord has qualified for self-insurance under ORS 806.130 of the Oregon Vehicle Code up to the limits as set forth in ORS 806.070. The coverage afforded by Landlord's self-insurance shall apply to Tenant as an additional insured, but only with respect to negligent acts or omissions of Landlord, its officers, contractors, employees or agents under this Agreement. Upon request by either party, the other party shall provide written proof of insurance to the requesting party. Both parties are subject employers and agree to comply with ORS 656.017 and provide Oregon workers' compensation coverage for all of their subject workers, respectively. Pine Mountain Antelope Bend Cable Commlmications, L.I.C3 (b) Tenant shall obtain and keep in effect during the term of this Agreement, a Comprehensive General Liability policy or a Commercial General Liability policy for the Property, covering bodily injury and property damage from an insurance company authorized to do business in the State of Oregon. Insurance coverage shall include bodily injury coverage, contractual liability coverage for the indemnity provided under this Agreement. Coverage limits shall not be less than $2,000,000 combined single limit per occurrence, $4,000,000 aggregate for all claims per occurrence. Should the terms and conditions of Tenant's insurance coverage change during the term of this Agreement, Landlord reserves the right to require that Tenant replace any coverage omitted or deleted by the change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s) without thirty (30) days' prior written notice to Landlord from Tenant. The liability insurance coverage required under this section shall name the Landlord, including its officers and employees, as additional insureds only with respect to negligent acts or omissions of Tenant, its officers, contractors, employees or agents under this Agreement. Tenant may meet the above insurance requirements through a program of insurance and self insurance. 8. INTERFERENCE. (a) Where there are existing radio frequency user(s) on the Property. and at Tenant's request, the Landlord shall provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. Landlord and Tenant have complied with USFS requirements under form 2700-10, which is attached as Exhibit 2. (b) Landlord shall not grant, after the date of this Agreement, a lease, license or any other right to any third party for the use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord shall notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord shall not use, nor shall Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord shall cause such interference to cease within forty-eight (48) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant shall suffer irreparable injury, and therefore, Tenant may, in addition to any other rights that Tenant may have at law or in equity for Landlord's breach of this Agreement, elect to enjoin such interference or to terminate this Agreement upon notice to Landlord. Pine Mounlain Antelope Bend Cable Communications. LLC4 9. INDEMNIFICATION. (a) To the extent permitted by Article XI, Section 7 of the Oregon Constitution, and subject to the limits of the Oregon Tort Claims Act, ORS 30.260 through 30.300, Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs but excluding real property or personal property taxes) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Landlord's breach of any provision of this Agreement. except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. (b) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including court costs but excluding real property or personal property taxes) arising directly from the actions or failure to act of Tenant or its employees or agents, or Tenant's breach of any provision of this Agreement. except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees. agents or independent contractors. (c) Notwithstanding anything to the contrary in this Agreement. Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages. I (d) Limitation of Liabili~. Each party shall take reasonable precautions to protect the other party's equipment or personal property located on the Property, but neither party is responsible for damage to, or loss of, any equipment or personal property of ~ the other party for any reason unless the loss is caused by the negligence or wrongful acts of the non-owning party. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right. power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents and warrants that Landlord holds Prime Lease for site. solely owns the Communications Facility and the individual signing this Agreement for Landlord has the authority to enter into this Agreement on behalf of Landlord. (c) Landlord represents and warrants that the Communications Facility will be available for Tenant's use under this lease for the initial five (5) year lease period. After the initial five (5) year lease, Landlord agrees to give twelve (12) months' notice to Tenant of any change in use or availability of the Communications Facility. 11. ENVIRONMENTAL. (a) Landlord represents and warrants that to the best of its knowledge and with no duty to research, the Property is free of hazardous substances as of the date of this Pine Mountain Antelope Bend Cable CommuniC8tions. LLC5 I Agreement, and, to the best of Landlord's knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each shall be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sale cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. Landlord's indemnification under this section 11(b) is limited to the extent permitted by Article XI, Section 1 of the Oregon Constitution, and is subject to the limits of the Oregon Tort Claims Act, DRS 30.260 through 30.300, (c) The indemnifications of this Paragraph 11 Environmental specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 11 Environmental survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Tenant's sale determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leaSing or continued leasing of the Premises would expose Tenant to undue risks of government action, intervention or third-party liability, Tenant may, in addition to any other rights it may have at law or in equity, terminate the Agreement upon notice to Landlord. 12. AC~§§S. (a) Tenant will have access to the Premises to the extent Landlord does under the Prime Lease. Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Other than for site outage or emergency work, Tenant agrees to provide Landlord twenty-four (24) hours' notice prior to entering Premises. (b) Landlord hereby agrees to provide Tenant with thirty (30) days' advance notice of any planned construction activities that Landlord is aware of. Pine Mountain Antelope Bend Cable Communications, LLC6 13. REMOVAURESTORATION. Tenant's communications equipment shall be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Within forty-five (45) days of the termination of this Agreement, Tenant shall remove all of Tenant's equipment and Tenant shall, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Notwithstanding the foregoing, Tenant shall not be responsible for the replacement of any trees, shrubs or other vegetation, nor shall Tenant be required to remove from the Premises or the Property any underground utilities. 14. MAINTENANCE/UTILITIES, (a) Tenant shall keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord shall maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Landlord shall be responsible for paying all utility charges for electricity, propane fuel. telephone service or any other utility used or consumed by Tenant on the Premises; however, Landlord shall not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (Ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord may exercise any and all rights and remedies available to it under law and eqUity. (b) The following will be deemed a default by Landlord and a breach of this Agreement. Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to 1 exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. I I If Landlord remains in default beyond any applicable cure period, Tenant may exercise any and all rights available to it under law and equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant. Pine Mountain Antelope 7 Bend Cable Communications, LLC I 16. ASSIGNMENT/SUBLEASE. Tenant may not assign this Agreement and its rights herein, in whole or in part, without Landlord's consent. Tenant may not sublease this Agreement without Landlord's consent. 17. NOTICES. All notices, requests, demands and communications hereunder must be given by first class certified or registered mail, return receipt requested, email, fax or by a nationally recognized express courier, postage prepaid. to be effective when properly sent and received, refused or returned undelivered. Notices must be addressed to the parties as follows: If to Tenant: Bend Cable Communications. LLC 6399Q Sherman Road BEmd. Or 917g1 . Payables Email: payables@bendbroadband.net If to Landlord: Deschutes County Sheriff's Office Attnj Cap\€lin Erik Utter 63333 W Hwv 20 . Bend. Or 97701 Email: eriku@deschutes.org Either party hereto may change the place for the giving of notice to it by thirty (30) days' prior written notice to the other as provided herein. 18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However. if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party hereto. 19. CQNDEM.NATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord shall provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property. or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties shall each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant shall include, where applicable, moving expenses, prepaid Rent, and bUSiness dislocation expenses, provided that any award to Tenant does not diminish Landlord's recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a pro-rata basis. Pine Mountain Antelope Bend Cable Communications. U.c 20. CASYALTY. Landlord shall provide notice to Tenant of any casualty affecting the Property within forty-eight (48) hours of becoming aware of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant may collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a pro-rata basis. If notice of termination is given, or if Landlord or Tenant undertake to rebuild the Communications Facility, Landlord aggress to use its reasonable efforts to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until such time as Tenant is able to secure a replacement transmission location or the reconstruction of the Communication Facility is completed. 21. TAXES. Landlord shall be responsible for payment of all ad valorem taxes levied upon the lands, improvements and other property of Landlord. Tenant shall be responsible for all taxes levied upon Tenant's leasehold improvements (including Tenant's eqUipment) on the Premises. Landlord shall provide Tenant with copies of all assessment notices on or including the Premises immediately upon receipt, but in no event less than seven (7) business days after receipt by Landlord. If Landlord fails to provide such notice within such time frame, Landlord shall be responsible for all increases in taxes for the year covered by the assessment. Tenant shall have the right to contest, in good faith. the validity or the amount of any tax or assessment levied against the Premises by such appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to Institute any Jegal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate in the institution and prosecution of any such proceedings and shall execute any documents required therefore. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant's action shall belong to Tenant. 22. MISCELLANEOUS. (a) AmendmentIWaiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Bind and Benefit. The terms and conditions contained in this Agreement run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (c) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Pine Mountain Antelope 9 Bend Cable Communications, LLC (d) Governing Law. This Agreement is governed by the laws of the State of Oregon, without regard to conflicts of law. In no event shall this Section be construed as a waiver by Deschutes County of any form or defense or immunity, whether based on sovereign immunity. governmental immunity. immunity based on the Eleventh Amendment to the United States Constitution, or otherwise. (e) Arbitration Required and Attorneys' Fees. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation, breach, or default thereof, or to the existence, scope or validity of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then arbitration rules of and by filing a claim with Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement, or that arise out of or relate to this agreement. the prevailing party shall be entitled to reasonable attorney's fees in connection therewith. The determination of who is the prevailing party and the amount of the reasonable attorney's fees to be paid to the prevailing party shall be decided by the arbitrator(s), with respect to attorney's fees incurred prior to and during the arbitration proceedings, and by the court or courts, including any appellate court, in which such matter is tried, heard, or decided, including a court that hears a request to compel or stay litigation or that hears any exceptions or objections to, or requests to modify, correct, or vacate, an arbitration award submitted to it for confirmation as a judgment. (f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" is to be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent is not to be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable: and (vi) reference to a default must take into consideration any applicable notice, grace and cure periods. (g) Estoppel. Either party shall, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance. if any, and (ii) acknowledging that there are not. to such party's knowledge. any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. The requested party's failure to deliver such a statement within such time may be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, and (ii) there are no uncured defaults in either party's performance. Pine Mountain Antelope 10 Bend Cable Communications. LLC (h) No Electronic Signature/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement becomes effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. By: __~~~~~~__________ "TENANT" Bend Cable Communications LLC, an Oregon Corporation Print Name: Wade Holmes Its: ___-...;V""'".::....P.:.o.;.o....f.....T....e=ch....n...,.o"...lo"..S....V____ Date; __\'1..___\..;;,......\....I\_'"l.-_tl-...;,_~____-=-_ ULANDLOROn Deschutes County Board of Commissioners By: __________--__-~------- Print Name: Alan Unger Title: Chair By: _________________________ Print Name: Tammy Baney ntle: Vice Chair By: __________________~_____ Print Name: Anthony DeBgne ATTEST: Title: Commissioner Date: Recording Secretary Pine Mountain Antelope Bend Cable CarnmunicatiOl1s. Ltc11 EXHIBIT 1 SUBLEASE AGREEMENT DOCUMENT 2013·002 DESCRIPTION OF PREMISES Document 2013-002 is a sublease by and between Deschutes County Sheriff's Office, as Landlord, and Bend Cable Communications, LLC. an Oregon Corporation, as Tenant. Landlord controls through a Lease, certain property with an address of 56100 Pine Mountain Road, Bend in the County of Deschutes, Oregon, and known as Pine Mountain (Antelope) hereinafter identified as the "Property." Tenant leases a portion of the Property identified as the "Premises". The Premises are described and/or depicted as follows: 0.1 acres within T20S. R15E. Sec 25, NE 1/4 NW 1/4 SE 1/4 SW 1/4 Willamette Meridian. RACK AND ANTENNA LOCATIONS (also see attached Exhibit A (5 pages» Inside the byilding: One cabinet 20x25x5 inches tall, model APM 30, containing one Ericsson mini link base band unit, L TE enode B. batteries and power systems Mounted on Shelter Exterior: Two (2) LTE RRUs (remote radio receiver unit) mounted on the antenna mast and one (1) Ericsson Mini Link (microwave radio) or similar, associated equipment (exterior to the building) Antenna make and model and mounting position(s): (1) Kathreine 742 990 flat panel antenna at 33' CL, (1) Amphenol BXA63-6cf-edin-2 flat panel antenna 1 each at 25' . (1 ) AndrewsV~6-16' HP dish iilt 15' CL or other,ntEmnasas required TRANSMIT FREQUENCY (MHz) POWER OUTPUT RECEIVE FREQUENCY (MHz) 734-740 20 Watts 704-710 2110-2120 20 Watts 1710-1720 11,585 .3 Watts 11,095 Number of transmitters: --2-Number of receivers: --L- Pine Mountain Antelope 12 Bend Cable C'..ommunications. LLC EXHIRIT A Picture existing of shelter with proposed roof mounted antenna . 6'Panel700 Mhz band Antenna facing . west 6' Panel AWS band Antenna facing west-northwest Pine Mountain Antelope Benedbroadband LTE Public Safety installation Valmount 97278 Non-Penetrating ballast mount to be installed on roof of existing DCSO communications facility . System will provide mobile data coverage to Sheriff, Fire and EMT personnel working in Eastern Deschutes County. In addition, site will provide Internet service to rural residence in Eastern Deschutes County. East Facin! 700 MHz LYE Antenna BXA-70090-6CF-EDIN-X X-Pol I FET Panel I !J()" I 12.5 dBd -lIU' dB -31.7 dB,.,_,"-.~J.._", ~,,,,' SIlo (-26.112 dB) "·"·"'-~··'"-·-;:idB'-·-·-"'~"··'·"·····' . "500W .. 71.0 xlUl. 5.9 .. '1:5';;'" ~'W"·~_' ~..,.~__ ','''~ ,. " ,,""""'''',M''''','~'''''''·'''''''~7'.-'''' ,"'. 181bs .. ············";1iis~~······-·~·· """"",,·X· ___'_II. 1onI..........~..ME«Mrf'1Etcr(.l .......... "EIlIN"_ .......__ "",... ~ West North West facing AWS Band Antenna 741990HATH 88 0 Panel AntemaSCALA DIVISION •0-6" ~I11II94I• • UV~I_ud.(U'b.;-r.adclmII. *DC @l'0UIIdcid~~b'~~ eNOl1lOIIIng ~~s, .~~-.~ "~J9l!IOIt dQ\linllIM:«JtJOI.. 'WII~ldtuce$G/tJMts~ --- Microwave Antenna to Bend 1I1Il..CI-11/ A --1$ EJ ___ - ~&>f~GoI!o:y l.8 m I &ftv.luUnll'@) t.f{,h,~rfatm.m;..la»Y .....flhtAnNnn..'IIlIllJItt-P'>r.rind, lO.1OC--l1.10Q'GHz ~~ '"~.~o! ........... ~C-_-..._(~. ........(""'piLtim F__~t GoiP,I!i!I __ '"""''- -..r",,_ ~1fo91'~'Boo$. lRU· -""'1s,h--1Qw _ -.~i4!ia1Md 1..... I 11ft ~ 1.1.f> 1.1 ~ )DCIII __a...1 I ~sv.SPI10.7".tll I 1!TStJG2217a-l I USI'C£l'..t telA :lIGCIII <D..l. 43.11 .. 44.4_ 10.:n. -u.l'IIII_ ~-~~¢It~.""'IU __8 VSWRiI'IP M~~. ,.....-~ ',,"!IIn"~ ~1Iipo- -~ SiIIoe_~ -~~. _~t~"'~. 1'.1d11 t.3O "'lII" *!3't_1t5_14.5 .. Gltl!t I un. I_ lOG bJo.Ih 124 ..... 11....... EXHIBIT 2 SUBLEASE AGREEMENT DOCUMENT 2013-002 FORM 2700-10 See attached Forest Service Form 2700-10 (3 pages); Notification letter (1 page); and List of Users notified (2 pages) Pine Mountain Antelope 13 Bend Cable Communications. LLC EXHIBIT 2 USDA Forest Service FS-2700-10 (11107) .. '.. OMB No. 0596-0082 USDA Forest Service Teehnical Data Communication Type Land Use (Ref. FSM 2700) INSTRUCTION$: Applicant completes system items 1 to 16, and submit thisfonn. license(s). along with an application to place communication equipment on National Forest System land. This form Is authorized by Federal Land Policy and Management Act of 1976, P. L. 94·579 to evaluate the requested use and no authorization may be issued unless this form is completed. 1., Applicants's Name: Bend Cable Communications Street Address: 6309Q ShemU!O,Roag City State & Zip Cede: Bend, Oregon 97701 ____ Telephone Number: (541-31.2-6583 l 2. Location Applied For: Site Name: Pine Mtn, Antelope____ Forest Deschutes District: Deschutes! Fort Rock 3. Technical Data: a. b. c. License number ,and call sign Date license issued FCCINTIAelifjtilD.y IUa t'~CH . . ~Q mltSz1J _'97QO, w9§' WQGD695 A .. -- JliS. MW lBO, ~d.~C~.la-s-s~of~s-e-rv~~~~~C~C~/NT~··~IA~·~s~~b-O~ll~~----4~m~p~~~_______~___________~__ ~e-:.T=-y_p_e_of""'e"..m::--iss,...,.....io,...n...,..(F_C_C_IN~T-::-IA,-:'s_Y,...m-'b_OI-')""-~--1 :i!5F;M~Q~OD~7~W:=:.=.=':::i:'====:...-___........_______ f. Transmifbutput power (waltS).; ~g.~T=-r-an-s-m-;j-:-to-utp-7.-.u-:'t.!::(e::r.:ff::'"ecU-.o:i-·v-e-=R=-a...:..d::-'Ja":".te-.d7":p=-o-w-e--r)=----.......j.• SOO W700 Band. 1600 W AWS Band. 7413 in llGHzBand h. CTCSS controltorie (Hz) I. Receive frequency crystal j.ReceiverlF frequency 1 frequency 2 k. Receive frequency LTransmltfrequency crystal , ~.. Multi 1 Multi 2 . . Multi 3 'forMW link M~4 ~ -~Oytp.!:;·.':;'.':;'.-'t-.---~-o---------_..-I m.5MHZAND211Sin AWSBand.Il.S85 furMW Iirik Page 1 ofJ 4. Control Method: Wireline 0 Radio Link o Local 0 Repeater 0 Microwave xO Other 0 5. Control Frequency 11.585 MHz,____ 6. Antenna Type: Omnidirectional 0 Directional xO Polarization 0 Gain ~ dB Height to top of antenna from ground level ~ft.; Dish Diameter § ft. Beam path with II deg.; Azimuth ill deg.; Tilt::1..U +/-deg.; Name of place beam goes to: Bend. Or Beam path length 30 miles ft. 7. Tower Type: Pole-Guyed 0 Self-Supporting 0 Height ft. Metal-Guyed 0 Self-Supporting xO Height 20' ft. 8. Ground elevation above sea level at the base of the tower 6127 ft. 9. Tower. Latitude: 43-4;8-41.92 Longitude 12()-52-27.59 10. Chief Engineer or Service company: Eric AndersoQ Street Address: 63090 Sherman Road City .emg State QB. Zip Code 97701 Phone Number (541) 312 -6583 Emergency Number (541) 382 -5551 11. Will station have commercial power? Yes xO No 0 12. Will stalion have standby power plant? Yes xO No 0 13. Will station have commercial telephone? Yes 0 No xO Area code and Phone number l..(_____1-_____ 14. Attached (check appropriste block(sJ} : xO Current FCC Llcense/NTIA Radio Frequency Authorization o FCC License Application o FCC Construction Permit with Land Owner (FS) sign-off 15. Additional Information: NOTICE: Title 18. U.S.C. Section 1001. makes it a crime for any person to knowingly and willfully make any false. fictitious, or fraudulent statements or representations to matters under the jurisdiction of the United States Government. 16. Applicant's Signature;...------__~ Title: Dir. of Eng. Date: 8fQV2012 (m/ddlyyyy) Page 200 According to the Paperwork Reduction Act of1995, an agency may not conduct or !pOnsor, and a pmon is not required to Rlspond to a collection of infOOl1l1tion unless it displays a valid OMB conlrolll1llllher. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection iI estirnatl'd to average 15 minutes per response, including the time for R1Yiowing instructions, searching existing data sources. galhering and malntaining the data n~,and completing and reviewing the collection ofinformation. Tlte U.S. Department I)fAgriculture (USDA) prohibilS discrimination in 811 its programs and activities on the basis ofrace. color, mtionaJ origin, gender. religion, age, disability. polital beliefs, .sexlllll orientation, and marital or family Qlus. (Not all prohibited bases apply to all programs.) Persons with diilabilities who Iliquire alternative means foroommunication of program infurmation (Braille, large print, alldiotape, etc.) sbollld contact USDA's TAROET Center at 202·720-2600 (voice and 'IDD). To ftle a complaint ofdiscrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250·9410 or call (800) 975·3272 (voice) or (202) 720-6382 (TOO). USDA is lin equal opportunity provider and employer. The Privacy Act of 1914 (5 U.S.C. SSla) and the Freedom of Infurmation Act (5 U.S.C. S52) govern the cotlfidentiatity to be provided for informatiun received by IIie Forest Service. Page 3 ofl D .ESCHUTES COUNTY SHERIFF'S OFFICE LARHY BL...\NTON S'herifT (;:~8il:'1 \V. I-hvy. ~zo I'knd. nj\ tOrOl Bend J.')'t ..:ftfon ,,'J L:3B1'\.Gr),55 Fa); ,j,j) .:;tj~H'8:l1) Ad:!J;n/~~tl'£tfi!)n ;:;41~:'~6S H()5~) .~ HX 5'lL:i8!l"14,~4 1..[1 .p'inc .5i:atf{)i1 .} 1;j10 Hlghway :',)7 La PIY.... B, OR YT7;3E~ ~·11.5~·)6, 115~ Fr~'( ;)!j Lf<)tLl) 7HG ,'5i~-'tF!rs S'I,;,I(ibn 70':: ;-: L!lreh St.. Sui!,.• C' ii"U .5,! n,~;\CI2 Fa" ;;41.;;'49,17(1:; Terreb(~l1ril' ST/ /1[.1('1/ H U;4 Ilrh Str,",in', :SUitH ;'J T,'nt!bDllnc" ()H f)77IiO ~)4 LB2;~,B270 Fi,X (,)Lii4,'l.i5SH :....,'fJr">',·1/118p.ryic(.'.~;:'h~J.N ~'U38S()5U:! F;.~ 5 ~1.:J!3R,fl7~!:1 .l<f.,'I1'('j:~rCl1'~l;-8f,"!'lY1CO,:: \j41~(:i17 .3:10::1 fo';t~ T,.·11.~~~.sAJJ1Hr~ rl(~/{lft ('l'~ij 0~11 ,i1B.?).i1BH 1 t'YlX ~'.4 L~·!~jOJ)] f)'2 30 November 2012 Dear Communications Site User: This is a notice of the addition of a new user at the Antelope Butte Radio Communications Site. This Notice Is being provided as required by the United States Forest Service, in accordance with the Communications Site Plan for Antelope Butte. If your organization has comments regarding the proposed change, they must be received in writing by email or postal mail to our office within 30 days of the date of this notice. Please respond to the address listed below. The Deschutes County Sheriffs Office (OCSO) is adding a tenant, Bend cable Communications, llC. (dba Bend Broadband), to the DCSO owned building at the Antelope Butte Communications Site (East Side of Pine Mountain). Bend Broadband will be a paying tenant, providing rural broadband internet services to customers in the areas of Millican and Brothers, as well as expanding service coverage to services that Bend Broadband provides to DCSO and Bend Fire & Rescue, when operating in those areas. Bend Broadband's equipment will reside within our shelter. They will install an 11 GHz Point to Point microwave dish and (2) 4G/LTE 700/2150 Mhz band panel antennas that will be mounted on a weighted tripod mast on the roof of our bUilding. The mast will extend approximately 20 ft. above the roofline of the building. There will be no disturbance of the ground and no additional structures, except for the mast that will be mounted on the roof of the DCSO building. Attached, is a completed copy of the FS2700-10 frequency assignment form that is required by the USFS, along with a supplemental drawing of the installation. Best Regards, Ron Beery Communications Technician Deschutes County Sheriffs Office 63333 Hwy 20 West Bend, Oregon 97701 (541) 617-3317 ronbe@deschutes.org Bonneville Power Administration Matt Brown PO Box 491· TECf-eSB-1 Vancouver, W A 98666 Bonneville Power Administration PO Box 3621 Portland, OR 97208·3621 Deschutes County Sheriff's Office lonSholes 63333 Highway 20 West Bend, OR 97701 Pacific Power and Light Steve Illias 825 NE Multnomah St, LCT 700 Portland, OR 97232 Angie DeLange CenturyT el ofEastem Oregon P.O. Box 40 Burns, OR 97720 ODOT & OSP Wireless 455 Airport Rd SE -building C Salem, OR 97310 CenturyTel of Oregon POBox 11600 Monroe, LA 71221 Pacific Power and Light Steve Illias 825 NE Multnomah St, LCT 700 Portland, OR 97232 Falcon Cable Charter Commnnications Real Estate #OR 0057 6399 S Fiddler's Green Circle Englewood. CO 80111 New Cingular dba AT&T Mobility 650 SW Columbia Bend, OR 97702 CenturyTelofOregon PO Box 11600 Monroe, LA 71221 Oregon State Radio Project Christine Reyndas Site Acquisition Agent 3210 Del Webb Ave., Sm 110 Salem. OR 97301 Charter Communications, Falcon Cable Chuck McDowell 639 N. Kellogg St Kennewick. WA 99336 EXHIBIT 3 SUBLEASE AGREEMENT DOCUMENT 2013·002 PRIME LEASE USFS SITE LICENSE See attached Forest Service Communications Use Lease (6 pages) and Antelope at Pine Mountain Communications Site Management Plan (32 pages) Pine Mountain Antelope 14 Bend Cable Communications, LLC EXHIBIT 3 Authorization 10; BEN266 F5-270O-4a (05/03) Contact 10: DES CTY SH OMS 0598-0082 Expiration Date: 12/31/2024 Use Code: 806 U. S. DEPARTMENT OF AGRICULTURE FOREST SERVICE COMMUNICATIONS USE LEASE AUTHORITY: FEDERAL LAND POLICY AND MGMT ACT. AS AMENDED October 21, 1976 Deschutes County Sheriff's OffICe, 63333 Hwy 20 West, Bend. OR. 97701-8094. THIS LEASE, dated this 20 day of ",~ bv'and between the UNITED STATES OF AMERICA, acting through the Forest Service,,~of Agriculture (hereinafter called the "United States' or "Forest Service"). as authorized by the Act of October 21, 1976, (90 Stat. 2743; 43 U.S.C. 1761. et seq.), and Deschutes County Sheriff's OffICe, its agents, successors, and assigns (hereinafter called the "lessee"). The United States and the Lessee are jointly referred to herein as the "Parties". As used herein, the "Authorized Officer" refers to the Forest Service official having the delegated authority to execute and administer this lease. Generally. unless otherwise indicated, such authority may be exercised by the Forest Supervisor or District Ranger of the Deschutes National Forest wherein the following described lands are located. The United States, for and in consideration of the terms and conditions contained herein and the payment of the United States of a rental in advance by the Lessee, if applicable, does hereby grant to the Lessee a lease for the following described lands in the County of Deschutes, State of Oregon, Section 25, T. 20 S., R. 15 E., Willamette Principal Meridian (hereinafter called the "property"). The Lessee accepts this lease and possession of the property, subject to any valid existing rights, and agrees, nQUQ'UI,hl,.'Berty, or any part thereof, except as a site for only the construction, operation, and maintenance B I I J of a Private Mobile Radio Service communications faCility. ' " ,', '.'" , , The locatlon of the property is shown generally on the site plan dated June 14. 1965 for the 'Pine Mountain' Communications Site. which is attached and made part hereof as Exhibit A. The dated and initialed exhlbit(s), attached hereto, are incorporated into and made a part of this instrument as fully and effectively as if they were set forth herein in their entirety. The parties agree that this lease is made subject to the following terms and conditions. I. TENURE. RENEWAL AND TRANSFERABILITY A. This lease shall terminate at one minute after midnight on December 31,2024. Termination at the end of the lease term shall occur by operation of law and shall not require any addition notice or documentation by the Authorized Officer. This lease is not renewable; but the Lessee has the right to request a new lease pursuant to Paragraph "C" below. B. The Lessee shall undertake and pursue with due diligence construction and operation that is authorized by this lease. To the extent specified in Exhibit N/A operation shall commence on~ This lease shall terminate if operation does not commence by that date, unless the parties agree in writlng,ln advance, to an extension of the commencement date. C. If the Lessee desires a new lease upon termination of this lease, the Lessee shall notify the Authorized Officer accordingly, in writing. The notice must be received by the Authorized Officer at least one year prior to the end of the lease term. The Authorized Officer will determine if the use should continue and, if it is to continue, if a new lease should be issued to the Lessee and under what conditions. The Authorized Officer shall require payment of 1 any amounts owed the United States under any Forest Service authorization before issuance of another authorization. D. This lease is assignable with prior written approval of the Authorized Officer, except when the rental has been waived in whole or part. Renting of space does not constitute an assignment under this clause. II. RENTAL A. The Lessee must pay in advance an annual rental determined by the Authorized Officer In accordance with law, regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value, annual adjustments using the Consumer Price Index· Urban (CPI-U), changes in tenant occupancy. or phase-ln rental, if applicable. B. Fees for this use have been exempted or waived in full pursuant to 36 CFR 251.57, or revisions thereto, and direction in FSH 2709.11, chapter 30. C. Pursuant to 31 U.S.C. 3717. et seq., Interest shaD be charged on any rental amount not paid within 30 days from the date the rental or rental calculation financial statement specified in this authorization becomes due. The rate of interest assessed shall be the higher of the rate of the current value of funds to the U.S. Treasury (I.e., Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterty or at the Prompt Payment Act rate. Interest on the principal shall accrue from the date the rental or rental calculation financial statement is due. In addition. an administrative penalty at a percentage rate prescribed by law or regulation will be assessed for failure to pay any portion of the debt that is more than 90 days past due. This paragraph shall survive the termination or revocation of this lease, regardless of cause. D. Disputed rentals are due and payable by the due date. No appeal of rentals will be considered by the Forest Service without full payment of the disputed amount. III. RESPONSIBILITIES OF THE LESSEE A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and shall charge each customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. The Lessee shall impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15 of each year, the Lessee shall provide the Authorized OffIcer a certified statement listing all tenants and customers. by category of use In the facility on September 30th of that year. B. All development, operation and maintenance of the authorized facility. improvements, and eqUipment located on the property shall be in accordance with stipulations in the communications site plan approved by the Authorized Officer. If required by the Authorized Officer, all plans for development, layout. construction, or alteration of Improvements on the property, as well as revisions of such plans, must be prepared by a licensed engineer, architect. and/or landscape architect. Such plans must be approved In writing by the Authorized Officer before commencement of any work. After completion, as-built plans, maps, surveys. or other similar Information will be provided to the Authorized Officer and appended to the communications site plan. C. The Lessee will comply with applicable Federal. State. county. and municipal laws, regulations and standards for public health and safety, environmental protection. siting. construction. operation. and maintenance In exercising the rights granted by this lease. The obligations of the Lessee under this lease are not contingent upon any duty of the Authorized Officer. or other agent of the United States, to inspect the premises. A failure by the United States. or other governmental offiCials. to inspect Is not a defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of laches or estoppel against the United States. The Lessee shall at all times keep the title of the United States to the property free and clear of all liens and encumbrances. D. Use of communications equipment Is contingent upon the possession of a valid Federal Communication Commission (FCC) or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTMIlRAC) authorization. and the operation of the equipment is in strict compliance with applicable requirements of FCC or IRAC. A copy of each applicable license or authorization shall at all times be maintained by the Lessee 2 for each transmitter being operated. The Lessee shall provide the Authorized Officer, when requested. with current copies of all licenses for equipment In or on facilities covered by this lease. E. The Lessee shall ensure that equipment within his or her facility (Including tenant and customer equipment) operates In a manner which will not cause harmful Interference with the operation of existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized official of the Federal Communication Commission (FCC) determines that the lessee's use interferes with existing equipment, the Lessee will promptly take the necessary steps to eliminate or reduce the harmful Interference to the satisfaction of the Authorized Officer or FCC official. F. When requested by the Authorized Officer, the Lessee will fumish technical information concerning the equipment located on the property. IV. LIABILITIES A. The Lessee assumes all risk of loss to the authorized improvements. B. The lessee shall comply will all applicable Federal. State, and local laws, regulations, and standards. Including but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 at seq .• the Comprehensive Environmental Response. Compensation. and Liability Act. 42 U.S.C. 9601 et seq.• and other relevant environmental laws. as well as public health and safety laws and other laws relating to the siting, construction, operation and maintenance of any facility. improvement. or equipment on the property. C. The Lessee shall Indemnify. defend, and hold the United States harmless for any violations incurred under any such laws and regulations or for ludgments. claims, or demands assessed against the United States in connection with the lessee's use or occupancy of the property. The Lessee's Indemnification of the United States shall Include any loss of personal injury, loss of life or damage to property In connection with the occupancy or use of the property during the term of this lease. Indemnification shall include, but is not limited to, the value of resources damaged or destroyed: the costs of restoration, cleanup, or other mitigation; fire suppression or other types of abatement costs; third party claims and judgments; and all administrative. Interest. and other legal costs. This paragraph shall survive the termination or revocation of this lease, regardless of cause. D. The Forest Service has no duty, either before or during the lease term, to inspect the property or to warn of hazards and. If the Forest Service Inspects the property. it shan Incur no additional duty nor any liability for hazards not identified or discovered through such inspections. This paragraph shall survive the termination or revocation of this lease, regardless of cause. E. The lessee has an affirmative duty to protect from damage the land, property, and interests of the United States. F. In the event of any breach of the lease by the Lessee, the Authorized OffIcer may, on reasonable notice, cure the breach for the account at the expense of the Lessee. If the Forest Service at any time pays any sum of money or does any act which will require payment of money, or incurs any expense, including reasonable attomey's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States, with all Interests, costs and damages shall. at the election of the Forest Service, be deemed to be addHlonal rental hereunder and shall be due from the Lessee to the Forest Service on the first day of the month following such election. V. OTHER PROVISIONS A. Nondiscrimination. The Lessee shall at all times operate the described property and its appurtenant areas and its buildings and facilities. whether or not on the property, in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date this lease Is granted to the end that no person in the United States shall, on the grounds of race, sex, color, religion or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of the programs or activities provided thereon. B. Revocation. Termination and Suspension. 3 1. General. For purposes of this lease, termination, revocation, and suspension refer to the cessation of uses and privileges under the lease. "Revocation" refers to an action by the Authorized Officer to end the lease because of noncompliance with any of the prescribed terms, abandonment, or for reasons in the public interest. Revocations are appealable. "Termination" refers to the cessation of the lease under its own terms without the necessity for any decision or action by the Authorized OffICer. Termination occurs automatically when, by the terms of the lease, a fIXed or agreed upon condition, event, or time occurs. For example, the lease terminates at expiration. Terminations are not appealable. "Suspension" refers to a revocation which is temporary and the privileges may be restored upon the occurrence of prescribed actions or conditions. Suspensions are appealable. 2. This lease may be suspended or revoked upon breach of any of the conditions herein or upon nonuse. Nonuse refers to a failure to operate the facilities on the property for a period of one year(s). 3. Except in emergencies, the Authorized OffICer shall give the Lessee written notice of the grounds for revocation or suspension and a reasonable time, not to exceed 90 days. to complete the corrective action. After 90 days, the Forest Service is entitled to such remedies as provided herein. 4. This lease may be revoked at the discretion of the Forest Service when in the public interest. When revoked In the public interest, the Lessee shall be compensated subject to the availability of appropriated funds. Compensation shall be based upon the Initial cost of improvements located on the lease, less depreciation as allocated over the lITe of the improvements as declared by the Lessee's Federal tax amortization schedules. 5. Any discretionary decisions or determinations by the Authorized Officer on revocation or suspension are subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. 6. In the event the Authorized Officer decides not to issue a new lease, or the lessee does not desire a new lease, the Authorized Officer and the lessee shall, within six months prior to the termination date of this lease, agree upon a mitigation plan to restore and stabilize the site. 7. Upon termination or revocation of the authorization, delinquent fees and other charges aSSociated with the authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 at seq. Delinquencies may be subject to any or all of the following conditions: a. Administrative offset of payments due the holder from the Forest Service. . b. Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for appropriate collection action as provided by 31 U.S.C. 3711 (g), (1). c. The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by 31 U.S.C. 3720, et seq.). In the event this lease Is revoked for noncompliance, the Lessee shall remove all structures and Improvements within 120 days, except those owned by the United States, and shall restore the site as nearly as reasonably possible to its original condition unless this requirement is otherwise waived In writing by the Authorized Officer •. If the Lessee fails to remove all structures or improvements within the prescribed period. they shall become the property of the United States and may be sold. destroyed, or otherwise disposed of without any liability to the United States. C. Members of Congress. No member of or Delegate to Congress or Resident Commissioner shall benefit from this lease whether directly or indirectly. except when the lease provides a general benefit to a corporation. D. Reservations. This lease is granted subject to the following reservations by the United States: 4 1. The right to all natural resource products now or hereafter located on the property unless states otherwise, and the right to utilize or dispose of such resources insofar as the rights of the Lessee are not unreasonabay affected. 2. The right to modify the communications site plan as deemed necessary. 3. The right to enter upon the lease and Inspect all facilities to assure compliance with the conditions of this lease. 4. The right of the United States to require common use of the property, and the right to authorize use of the property for compatible uses, Including the subsurface and air space. In the event of any conflict between any of the preceding printed clauses or any provisions thereof and any of the following clauses or any provision thereof, the preceding clauses shall control. E. Surveys, Land Corners (04): The holder shall protect, in place, all public land survey monuments, private property corners, and Forest boundary markers. In the event that any such land markers or monuments are destroyed in the exercise of the privileges permitted by this authorization, depending on the type of monument destroyed, the holder shall see that they are reestablished or referenced in accordance with (1) the procedures outlined In the "Manual of Instructions for the Survey of the Public Land of the United States,· (2) the specifications of the county surveyor, or (3) the specifications of the Forest Service. Further, the holder shall cause such official survey records as are affected to be amended as provided by law. Nothing in this clause shall relieve the holder's liability for the willful destruction or modification of any Government survey marker as provided at 18 U.S.C. 1858. F. Removal and Planting of Yeaetatlon and Other Resources (05): The holder shall obtain prior written approval from the authorized officer before removing or altering vegetation or other resources. The holder shall obtain prior written approval from the authorized officer before planting trees, shrubs, or other vegetation within the authorized area. G. Revegetation of Ground Cover and Surface R!,Itqatjon (09): The holder shall be responsible for prevention and control of soil erosion and gullying on lands covered by this authorization and adjacent thereto, resulting from construction. operation, maintenance, and termination of the authorized use. The holder shall so construct permitted Improvements to avoid the accumulation of excessive heads of water and to avoid encroachment on streams. The holder shaH revegetate or otherwise stabiltze all ground where the soU has been exposed as a result of the holder's constructlon, maintenance, operation, or term Ination of the authorized use and shaH construct and maintain necessary preventive measures to supplement the vegetation. H. Pesticide Use (023): Pesticides may not be used to control undesirable woody and herbaceous vegetation. aquatic plants. Insects, rodents, trash fish, etc., without the prior written approval of the Forest Service. A request for approval of planned uses of pesticides will be submitted annually by the holder on the due date established by the authorized officer. The report will cover a 12-month period of planned use beginning 3 months after the reporting date. Information essential for review will be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests require control measures which were not anticipated at the time an annual report was submitted. Only those materials registered by the U.S. Environmental Protection Agency for the specific purpose planned will be considered for use on National Forest System lands. Label instructions will be strictly followed in the application of pesticides and disposal of excess materials and containers. I. Signs (X29): Signs or advertising devices erected on National Forest System lands shall have prior approval by the Forest Service as to location, design. size, color, and message. Erected Signs shall be maintained or renewed as necessary to neat and presentable standards, as determined by the Forest Service. J. Improvement Relocation (X33): This authorization is granted with the express understanding that should future location of United States Govemment-owned improvements or road rights-of-way require the relocation of the holder's improvements, such relocation will be done by, and at the expense of, the holder within a reasonable time as specified by the authorized officer. 5 K. Disputes (X96): Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. , the undersigned have IN WITNESS WHEREOF. the Forest ServIce. by its Authorized OffIcer, has executed this lease on the day and year first written above. UNITED STATES OF AMERICA ~n;FOrest Supervisor ~ For:e$tServlC9. Department of Agrlcutture Accon:IIng to the Papel'WOl'lt Reduction Act of 1995, no persons are AlQUlredto respond to a ooIIed1on of Infonnalion unless it displays a valid OMB control number. The valid OMS conlrol number for this Infonnatlon eoIIectiOO Is 0596-0082. ThIs infonnatlon Is needed by the Forest Servfce to evaluate requests to use National Forest System lands and manage those lands to protect natural resourceS. administer the use, and enSU'e public health end safety. This Infonnation is required to obtain or retain a benefit The authority for that requirement Is provided by the Organic Act of 1897 and the Federal Land Policy and Management Ad of 1916. 'fIIhidI authorize the Secretary of Agriculture to promulgate lUes and regulations for authoflzlng and managing HaVanaI Forest System lands. These statutes along with the Term Permit Ad. National Forest SId Area PennitAct, Grenger-Thye Act. Minerai Leasing Ad, Alaska Term Permit Act. Act of September ·3. 1954. Wilderness Act. NatIonal Forest Roads and Trails Ad. Act of November 16. 1973, Archaeological Resources Protection Act. end Alaska HaVanalinterest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations for the use and OCCtIpancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251. Subpart B, establsh procedures for issuing these authorizations. The Privacy Act. of 1914 (5 U.S.C. 552a) and the Freedom of Information Ad (5 U.S.C. 552) govem the confidentiality to be provided for Information received by the Forest Service. Public reporting burden for this collection of information. if requested, Is estimated to average 1 hour per response for annual ftnancial information; average 1 hour pet response to prepare or update operation and/or maintenance ptan; average 1 hour per response for inspection reports; and an average of 1 hour for each request that may Inducte sueh things as reports. logs. facility and use Information, sublease Information. and other slmlar miscellaneous information requests. This Included the time for reviewing instructions. searching eldstlng data sources, gathering and maintaining the data needed. and completing and revfewing the coIleclion of Information, including suggesllons for reducing this burden. 6 -Page 1 of 32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN ANTELOPE at PINE MOUNTAIN COMMUNICATIONS SITE MANAGEMENT PLAN DESCHUTES NATIONAL FOREST BEND-FT. ROCK RANGER DISTRICT BEND, OREGON Submitted By: lsi A. Shane Jeffries 7/14/2011 District Ranger Date Approved By; lsI John Allen 711412011 Forest Supervisor Date "~Hil32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Table of Contents I. DEFIN"lTIONS ••••••.•...•••••.••••••••••••••••.•_•••••••••••••••••••.•.••••••••••••••••••••••••••..•••••••.•••.•.• 3 II. NARRATIVE ......................................................................................................,. 4 A. Site,Description ..............,..........'.•..••.;... f:'....*rr.'~.....-••••·••·.-!l".".. H .,1-*,.... '_III!'_",I!oft." ~.~••4......, .•.••••. ," 4 •.~ ...,.1...."' ... B. EJQ:Sting Slte,DevelOpmertt.....'•.'.................................................'........,...........,.."..... $ C. ·Opj~ti·:y,e$:....... '~""'."'~'.'.':."".~. ~.-•.••.~....,~ t ..:"~••••:","•••••-~ ,.". ~ "' ••~'"' ••• " ,.,•• !I •••• ~......t', .. "'.',....." .....~,••'ft '-..;" ••, ........,'••,..' •••• Ci m. AlTrHO"Rlfi'",ANll'JURlSbICtlON;...t ............,~...tfH.-......................."'_.."'"............,.~. 7 A. Authority." .. 'O •• , •• ••••••:...'.j}••, i.-•••·, , .....A•• , ••••• t." .....it ....'••••'••••'........, ...'..... _"',f ....-s............... ,."ol..'... , ....... _'AI "~,,..., 7 B. Jurisdiction ...".,........ ',...~,....,~.. ,.,...".• O;"' ...... :'"_.;"" •• M : .......1> .........,•••~, , t'f;"'._................'"~;..~............ 7 ........... .. ,t....... , IV. RIGHTS AND RESPONSmILITIES••••••.••••••••••••••••.••••.••••...••••••lII ••••••••••111 ••••••••••• 8 A. The Forest Service .'.. ;, ....~ ............,~" ...~ ..)•..Il.,..... : ................. ~••••i ••• ~ ...,., ••'....;.....'.l,......" ...·"'.....u ••:-' •••• 8 B. Facility Owners and Fac'ility Managers ....._~......................~....~............ , .............," .. 8 C. Tenants and Customers .........,."........'........l••••••••••••••••,.••~ I~~~-:..........A .... t~ ••~ 9 ........! .... ., ...........,.I(......'....... V. USE OF THE SITE...................................................................111 ••••••••••111 ••••••••••••••••• 9' A. Multiple-Use Facllities., ..,.,.......,.....•.•,.....,~."'........~ ......,.l< ~.,~,••,••, • ..,·~ ..... ,.••'!,.,-t_.....'t;. •• , •• ' •• ~f.l'... I •••••• 9 .........,..... VL RENTAL FEES •••........•••...••••....•••......._._..................................11 ••••••••••••••••••••••••••• 10 VIT. CONDITIONS FOR NEW CONSTRUCTION AND MODIFICATION OR EXPANSION OF A FACILITY ................................ 111111 ••••••••••••••••• 111 •••••111 •••••••••••••• to A. New Construction, Modification, and Expansion Responsibilities ..................... 10 B. Construction Methods and Resource Protection .................................................. 12 C. Construction Inspection ..........-...,..·.......,"' •.•.H ••,. ......" ••" ••.•·,,,••, 4¥ , ........... ~ ........"'~t.• ~.........,. ••••••·.""t. 13 D. New or Remodeled or Expanded Buildings., ..., ................... ~•.., ............................ 13 E. New or RemodeledlExpanded Towers ...... " ...... .,....,,,......... , ... " ............................... 14 vm. GENERAL OPERATION AND MAINTENANCE ........................................ 15 A. Special Environmental and/or Biological Considerations ....i ............................... 15 B. Wiring and Grouooing j.~........·." ••~ •• w ..........·••• f •••• e••••• "~•.•«.".,.-Il'.'.......4.,. ••~,..••• ,~...... ,~ •••••••• , •••'!~".. 15. C. Communications Equipment. ............................................................ , ................ , ••. 16 D. Cables and Transnrission Lines ................................... , ............ , ............................ 18 E. Radiation .." ...................................... " ........................ " ..... , ..................................... 18 F. Utilities ......... ,............................................~...•",. ......1II ...... _ ••"l'........." ......."' ...'" ....~.~••• ~,. .......... ~ ••••• 19 " ... f ••••••• G. Sanitary Facilities ........................... : ....... , ............... " .................... ,.,."..........."'..,.. ~. 19 H. Security and Law Enforcement............................................................ " ...... " ...... 20 1. Site Maintenance ".1 ...... , ................~J ••_"'~+-..i-j/.:rJ.44 ..1I ••••J-ti.." .........., •• ,.~••••••'* •• " ........ '''' ...~ ........~". 20 J. mspections f .. , .. , ............." ..............-.),•••••••••" ... ,,' .~••a.....w'fI••••••••••,.ltt."............ ,~ ............'.~ "••••9'.........:"""'I' •.• !. 21 K. Fire Prevention and Hazard Reduction Requirements ..............................."'........ 21 L. IX. SITE ASSOCIATION AND ADVISORY GROUP ................................. _ ...... 23 X. APPEND I eIES ...111 ....................."'......................................................................... 24 APPENDIX A -Location Map ............................... , ......... , ......................................... 24 Site Map ..".....".*..........·~-.:.'II ........,,".......,.'..........;..,..."•.,.................~#,..........jl••••••••••••'1[ .... 25 APPENDIX B -Authorized Facilities ........................................ , ............... , .....", ...... ' ..<.. 26 APPENDIX C -Facility Photographs .................................................. " ..... " .......,...,... 27 APPENDIX D -Inspection Checldist ........... ; ..... ~·................... , ........................... , ....... 32 Page3bt32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN I. DEFINITIONS Au1!lorized Officer. The Forest Service employee with the delegated authority to issue and manage communications uses. The authorized officer is usually tbe District Ranger or Forest Supervisor of the unit on which the communications site is located. Co-location. Installation of telecommunications equipment in or on an existing communications facility or other structure. Communications Sileo An area of National Forest System (NFS) lands designated as an electronic site through the Forest Land and Resource Management planning process for telecommunications uses. A communications site may be limited to a single communications facility, but most often encompasses more than one. Each site is identified by name, usually denoting a local prominent landmark, such as Bald Mountain Communications Site. Customer. An individual, business. organization. or agency that is paying a facility owner or tenant for communications services and is not re-selling communications services to others. Private ("other communications use" category) and internal (private mobile radio service and non-commercial microwave categories) communications uses leasing space in a building and not re-selling communications services to others are considered customers for rental calculation purposes. Facility. A building, tower, or other physical improvement (buildings and towers do not have to be combined to be considered a facility) that is built or installed to bouse and support authorized communications equipment. Facility Manaier. The holder of a Forest Service communications use authorization who (1) owns a communications facility on NFS lands, (2) rents space in or on their facility to other communication users, but (3) does not own or operate their own communications equipment and they do not directly provide communications services to third parties. Persons or entities that manage or administer a communications facility on NFS lands for a facility owner or a facility manager are not facility managers for purposes of this communications site plan. Facility Owner. The holder of a Forest Service communications use authorization who (1) owns a communications facility on NFS lands, (2) mayor may not be renting space or equipment to other communications users in or on their facility, and (3) owns and operates their own communications equipment in their facility. Multiple-Use Facility. A communications site facility that has mUltiple communications uses operated directly by the facility owner or has customers or tenants in or on that facility. Page 4 0'32" ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Ranally Metro Area. Geographic areas in the United States identified by Rand McNally in its Commercial Atlas and Marketing Guide that define population centers of 50,000 or more. There are approximately 450 Ranally Metro Areas (RMAs) in the United States. Seni~r Use. A communications use that predates another communications use. The most senior use or uses form the basis for the communications site designation. Single-Use Facility. A communications site facility that contains only the single communications use of the facility owner and no tenants or customers in or on the facility. Tenant. A communications user who rents space in a communications facility and operates communications equipment for the purpose of re-selling communications services to others for profit. Tenants may hold separate authorizations, without sub tenancy rights, at the full schedule rent based on the category of use. II. NARRATIVE A. Site Description Pine Mountain (Antelope) Communication Site is located on Bend·Ft. Rock Ranger District, Deschutes National Forest, Deschutes County, State of Oregon in NW1/4 Section 2~, T: 20 S. R. 15 E.. Willamette Meridian at approximately Latitude 43 0 48' 40" North, Longitude 110Q 52' 47" West. The elevation at Pine Mountain (Antelope) communications site is approximately 6350 feet above mean sea level (msl). The area for development is approximately 2.0 acres in size. Pine Mountain (Antelope) Communication Site is road accessible. This site does not serve a Ranally Metro Area (RMA). The population currently served currently less than 25,000 and is therefore Zone 9. The population identified for this Zone is updated annually by the Forest Service, Washington Office, Director of Lands. and is used to determine the annual rental fee due the Forest Service. The most senior use at this site is microwave and the site is designated as low power non broadcast. This site designation was established in an Environmental Assessment and Decision Notice approved by the Regional Forester in 1983. Deschutes National Forest Land and Resource Management Plan approved in August 1990 recognized the designation of the Pine Mountain (Antelope) Communication Site. The maximum power output for the Pine Mountain (Antelope) Communication Site is based on the maximum output allowed for two-way radio under the Federal Communications Commission's rules at Title 47, Code of Federal Regulations, Part 90. This plan supersedes the Pine Mountain (Antelope) Electronic Site Plan approved June 14,1985. Pal:ie 5 of 32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN B. Existing Site Development Pine Mountain (Antelope) Communications Site was allocated as an electronic site in 1983 by the Regional Forester. Two communication sites are located in the Pine Mountain area. The other site is identified as Pine Mountain (Observatory) Communications Site and is located approximately 1.9 miles southwest of the Antelope Site. Bonneville Power Administration (BPA) has operated a communication facility at the Pine Mountain (Antelope) since the late 1960's. Communication use by BPA was originally authorized by a Master Agreement signed by the Chief of the Forest Service on September 14,1966. The Memorandum of Understanding (MOV) was revised on July 19, 1967, February 29, 1969, and again on May, 30,1974. Currently, the Forest Service is working towards replacing the existing MOU with a special use permit as directed by national policy. Charter Communications Inc. operates a facility that was originally issued to Hi-Desert Microwave Inc. on May 6,1974 and reissued on June 30, 1983. The authorization was reissued to TCI Cablevision of Oregon on July 19, 1994 and reissued on March 20, 1997. The lease was assigned to Falcon Cable Systems in approximately 2005. Assignment of the lease from Falcon Cable Systems to Charter Communications Inc. is pending. Oregon Department of Transportation (ODOT) operates a facility that was originally authorized on September 29,1983 and reissued on February 1, 1994. The current authorization was issued on July 1, 1996. Century Link. operates a facility that was originally issued to Telephone Utilities of Eastern Oregon on July 17, 1989. Ownership of the facilities have changed several times and included Embarq, CenturyTel and now Century Link. The current authorization was issued on March 28, 1997. Pacific Power & Light (PP&L) was originally issued a permit for microwave communication facility on July 20, 1992. The current authorization was issued on July 16,1996. Deschutes County Sheriffs Department was authorized to operate a communication facility on February 2, 2004. RCC Atlantic dba Verizon Wireless operates a facility that was originally issued to Central Oregon Cellular One on January 3,1995. The authorization was reissued on July 31, 1996. The authorization was assigned to BMCT Triton, RCC Holdings,and the current holder is RCC Atlantic dba Verizon Wireless. On October 12, 2010, New Cingular WIreless dba ATT Mobility was issued a lease for permanent facilities at the Pine Mountain (Antelope) Communication Site. New Cingular Wireless dba A TT Mobility was authorized a temporary communication facility on Jan ANTELOPE AT PINE MT COMMUNICAnONS SITE MANAGEMENT PLAN 10,2011. See Appendix B for a current list of currently authorized facilities. C. Objectives The primary objectives of the Pine Mountain (Antelope) Communications Site Management Plan are to: 1. Document site management policy. procedures and standards, which are not already specified in the standard communication site lease. 2. Manage for low power communications uses only. The maximum power output expressed as ERP is based on the maximum output allowed for two-way radio under the Federal Communications Commission's rules at Title 47, Code of Federal Regulations, Part 90. As of the 2003 regulation, that is 500 watts ERP. Each use must operate at or below the power level authorized by their respective FCC license as long as it does not exceed the site limitation. 3. No continuously transmitting uses are authorized at this site, excluding microwave and controller channels used in support of mobile radio equipment 4. All uses must be designed, operated and maintained so as not to physically or electronically interfere with the senior uses. If new uses deteriorate the receiving/transmitting operation of existing uses, the new uses may be required to institute at their expense; additional studies, equipment upgrades, frequency isolation, or physically separate themselves from the existing uses. 5. Present a program for operation within the site. 6. Help fulfi)] the public need for adequate communication sites. 7. Protect the interests of leaseholders and site users by preserving a safe and an electronically "clean" environment. 8. Encourage the efficient development and use of space and facilities within the designated site. subject to the USPS goal to provide the best possible public service at reasonable cost. 9. Authorize new Tenant andlor Customer uses that can physically and electronically be accommodated within existing buildings andlor towers. 10. Maintain visual resource objectives by requiring design standards that are unobtrusive and by utilizing earth tone colors and non-reflective surface material consistent with the standards in the Land and Resource Management Plan. 11. Amend this Communications Site Plan as necessary to be consistent with future Forest Land and Resource Management Plans. The Forest Service will provide ANTELOPE AT PINE MY COMMUNICATIONS SITE MANAGEMENT PLAN authorization holders with proposed amendments to this plan and will allow a reasonable period of time for the holders to review and comment on the proposed changes. ill. AUTHORITY AND JURISDICTION A. AuthoOtY Forest Service authority to authorize and manage communications uses on National Forest System lands derives from the Federal Land Policy and Management Act of 1976 (43 U.S. C. 1761-1771); Title 36, Code of Federal Regulations, part 251, subpart B (36 CPR 251, subpart B); Forest Service Manual (FSM) 2700; and Forest Service Handbook (FSH) 2709.11, chapter 90. The Forest Service has jurisdiction over the use and occupancy of National Forest System (NFS) lands for communications purposes under the National Forest Management Act (NFMA) of 1976 (16 U.S.C. 1600 et seq.); the Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C. 1701 et seq.), and Title 36, Code of FederaL Regulations, part 251, Subpart B (36 CFR part 251, subpart B). The Federal Communications Commission (FCC) has jurisdiction over the use of non Federal channels of radio and television transmission under licenses granted by the FCC. The National Telecommunications and Information Administration (NTIA) has jurisdiction over the use of Federal channels of radio transmission under authorizations granted by the NTIA. The issuance of an FCC license or NTIA authorization does not authorize the use and occupancy of NFS lands. A Forest Service special use authorization is required for the use and occupancy of NFS lands for communications purposes. The Forest Service has jurisdiction over resolution of conflicts associated with the use and occupancy ofNFS lands, such as those involving location and re-radiation. The FCC and NTIA are not responsible for resolving occupancy conflicts associated with the use and occupancy of NFS lands or the resolution of other conflicts when entities are operating within the limits of their FCC license or NTIA authorization. However, the FCC or the NTIA may be useful in assisting in the resolution of interference problems or other frequency conflicts. ~8:of32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN IV. RIGHTS AND RESPONSmILITIES A. The Forest Service The Forest Service retains the responsibility for issuing and amending authorizing instruments to Facility Owners and Facility Managers for the authorized improvements. The issuance of a FCC license (authorization), or frequency assignment, does not authorize occupancy of National Forest system lands. Granting occupancy and use of National Forest system lands rest exclusively with the Forest Service. This includes: 1. Amend or modify this site plan as deemed appropriate. 2. Approve new facilities including those constructed within a lease holder's authorized area. 3. Approve assignment of a communications site lease. B. Facility Owners and FaclUty Managers Are Responsible for: 1. Complying with the terms and conditions of their communications site authorization and this site plan. 2. Ensuring that all new facilities, expansions, or improvements are consistent with the Deschutes National Forests Land and Resource Management Plan, environmental documentation and decisions affecting the use of this site, and the provisions of this site plan. 3, May rent building and tower space to tenants and customers without prior written approval from the Forest Service as long as that tenant or customer use is an approved communications use as designated in this site plan and does not interfere with other existing uses at the site. 4. May not place any unreasonable restrictions on potential or existing tenants and customers. 5. Ensuring that facilities and equiptilentnot coniplyina with Federal. S~;,~. local laws, regulations, and ord,~~w"lllbejemoVed0r mootlied withht one year of approval of this Bite plan •. Mooiii~Qns req.Jhe~apprpval of the authorized officer. 6. Keeping all facilities within the established limits of their authorized area. The Facility owner or manager may not, for itself or for any customer or tenant, authorize construction of any equipment shelter or tower, or manipulation of the site or vegetation in any way, without specific authorization from the Forest Service (See sec. VIn. .... Page 9 of 32 ANTELOPE AT PINE MY COMMUNICATIONS SITE MANAGEMENT PLAN .... 7. Providing the authorized officer the name, address, and telephone number of a local contact. The facility owner or the facility manager and the local contact person may be the same individual. The local contact shall be available for emergencies and shall have the authority to make decisions about construction issues, facility maintenance, and all equipment within the facility. 8. Ensuring that all communications facilities and equipment are installed, operated, and maintained according to the most recent Motorola R-56 Standards and Guidelines for Communication Sites. Repairs and modifications to existing facilities/equipment must also meet Motorola R-56 Standards. These standards may be waived by the Forest Service authorized officer when recommended by a site user association or similar technical committee upon request of a facility owner/manager when equivalent measures would achieve similar results. 9. Providing the authorlzedomcer by October 15th of each year, a certified statement Usting their type or types of communications uses they provide and the business names of all occupants and their type of communication use in the fadHty on September 30th of that year. 10. Treat and control noxious weeds on and adjacent to their permitted area, access, and parking areas. Treatment requirements and standards must be according to applicable regulations. Standards and application procedures may be obtained from the Forest Office. C. Tenants and Customersj May co-locate in an existing facility when their communications use is an approved use in the site plan. Co--Iocation in a non-Federal communications facility does not require a Forest Service authorization. Tenants and customers who co-locate ina Federal facility shall first be issued a special use permit from the authorized officer before locating in that Federal facility. V. USE OF TIlE SITE A. Multiple-Use Facllttles Co-location, when practical, shall be required. Site applicants shall take the lead in this area and shall design their proposals to accommodate multiple uses of facilities and improvements. This includes the multiple-use of buildings, towers, solar generating systems, back-up generators, grounding systems, fuel containers, access ways, and parking areas. Due to the limited development space at the site, new facilities, or major modifications to existing facilities, shall be designed to accommodate additional users even if other users are, or could be, competitors. Page 100132 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Facility owners and facility managers are not required to lease facility space to others if they can demonstrate to the authorized officer that: 1. Space is not available; 2. The use is incompatible with the existing communications uses at the site. For example. the proposed use is not compatible with other uses as provided for in FSH 2709.11, section 97, exhibit 05; 3. Additional space is needed by the facility owner or the facility manager; or 4. Additional users would compromise security of the facility or communications systems located in that facility. VI. RENTAL FEES Unless specified differently in the communications site lease, the Forest Service shall charge facility owners and facility managers of non-Federal facilities and tenants and customers in Federal facilities an annual rental fee based on the fee schedule for communications uses on National Forest System lands contained in FSH 2709.11, section 95. The rental rates shall be adjusted annually using the Consumer Price Index-Urban (Cpr-U). and the population figures are adjusted annually based on the most recent Rand McNally Commercial Atlas and Marking Guide (for RMAs) and Rand McNally Road Atlas for non-RMA communities. Rental fees that facility owners and facility managers may charge their tenants and customers shall be: 1. Reasonable and commensurate with the use and occupancy of the facilities and services provide to tenants and customers; and 2. Consistent with other fees charged for similar facilities. VII. CONDITIONS FOR NEW CONSTRUCTION AND MODIFICA nON OR EXPANSION OF A FACILITY a-New·OWtJ.1lction,Modificafton. andExpan&im ~U_ Construction space at the site is available and future additional facilities may be authorized. If new facilities are proposed or if existing facilities needs modification. the following guidelines shall apply. Page if of:52' ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN In addition to the responsibilities listed in Section IV, proponents, facility owners, and facility managers seeking to construct a new facility or modify or expand an existing facility are responsible for: 1. Submitting a complete application to the authorized officer prior to any new construction, modification, or expansion of a facility. The application shall include: a. A copy of the approved site plan base map showing all of the proposed new, modified, or expanded facilities, including structures, towers, and auxiliary equipment; b. Completed drawings or plans prepared by a professional engineer or architect; c. Identification of any proposed microwave beam paths, a plot of their azimuth, ,and their proposed elevation on the tower; and d. Documentation showing that the proposed facilities will not obstruct or interfere with any exiting uses, including fixed point-to-point antennas. omni-directional broadcast antennas, or microwave beam paths. 2. Demonstrating that the new facility will make the most efficient use of the limited amount of space at the site and will provide for future uses without additional construction. 3~ Providing engineering and geotechnical investigations for development of specific foundation designs and grading plans. 4. Providing an erosion control plan prior to construction. At a minimum, the erosion control plan shall include sediment control, stipulations that cut and fill slopes will be graded and contoured to prevent erosion and excessive runoff, and recommendations for temporary erosion control measures, such as netting, silt fences, swales, sediment collection areas, and so forth. 5, Coordinating with other Federal and local governments and securing all pertinent pennits and approvals from those agencies. 6. Providing 30.days notice to all facility owners and facility managers at the site, as well as the Forest Service, of all new frequencies, either for themselves or their tenants and customers, proposed for the site. A completed FS-2700 10 shall be sent with the 30-day notice to allow for comment of potential interference. This would be for new frequencies for themselves and their tenants or customers. ANTELOPE AT PINE MY COMMUNICATIONS SrrE MANAGEMENT PLAN B. Construction Methods and Resource ftotection Plans submitted by a proponent, facility owner, or a facility manager for construction, modification, or expansion of a facility shall provide for soil rehabilitation measures, including soil replacement and stabilization and proper handling of runoff from buildings, parking areas, access roads, and undeveloped common areas. The authorized officer must approve all cutting or trimming of vegetation. During construction, modification, or expansion of facilities, facility owners and facility managers shall: 1. Identify, avoid, and protect sensitive resource areas identified by the Forest Service. 2. Comply with the erosion control plan. 3. Notify the Forest Service authorized officer prior to commencing any approved ground-disturbing activities. 4. During construction andlor maintenance, paintbrushes will not be cleaned off on rocks. No marks of any kind, including survey marks, will be permitted on rocks. 5. Minimize, to the greatest extent possible, ground disturbance and vegetation removal. 6. Re-vegetate extensive cut and fill slopes with native vegetation as soon as possible after construction. All re-vegetation must have prior written approval of the authorized officer. 7. Not cast off grading material. Excess soil can be used as fill material for roads, buildings and towers. 8. Obtain prior written approval of the authorized officer for temporary, on-site storage of construction materials. 9. Not leave hazardous materials, including fuels, oils, and lubricants unattended at the site at any time. Hazardous materials shall be removed from the site at the end of each workday or temporarily stored inside a locked and posted building until the following workday. Construction materials and supplies other than hazardous materials may be left unattended at the construction site at the end of each workday at the owner's risk. 10. Remove surplus construction materials and waste debris from the site no later than 30 days after construction has been completed. Page 13 of 32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN II. To prevent the spread of noxious weeds into the area, power wash off any earth-moving or heavy equipment, such as dozers, graders. cranes, backhoes, and so forth before it is brought onto National Forest System lands. C. Construction Inspection I. All new construction, modification, and expansion of facilities shall conform to established technical standards and accepted engineering practices, such as the Uniform Building Code. 2. Any construction inspections required by other agencies are the responsibility of the holder. Copies of completed inspections shall be provided to the Authorized Officer, either as they occur or as part of the final as-built plan. Inspection information shall become a permanent part of the holder's special use file. 3. Corrective work required as a result of Forest Service or other agency inspections shall be completed by the date specified in the inspection report to the satisfaction of the inspecting official. 4. A final set of as-built plans shall be submitted to the Authorized Officer within 90 days of acceptance of a structure (if the construction was contracted) or of its completion date (if the construction was not contracted). D. New or Remodeled or Expanded Buildings 1. Any new buildings shall be designed to accommodate multiple users and shall be consistent with a site-specific environmental analysis conducted at the time of the proposal. 2. Buildings shall be one-story and have a flat roof. The roof shall be non reflective metal or other non-reflective fife resistant material approved by the Forest Service. Building height will be restricted to a single story unless specifically authorized for two stories or with a snow vestibule. Roofs can be equipped with antenna support structures, such as poles and railings that can extend up to 25 feet above ground level. 3. Facility owners and facility managers are encouraged to construct the interior of their buildings in a modular fashion, so that they can: a. Sublease sections to others; b. Provide tenants and customers with internal separation and security; c. Reduce physical interference; and d. Increase management effectiveness. ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN 4. The following materials are approved for construction of new buildings: a. Floors: Concrete slab with drainage or as part of a non~flammable pre fabricated structure. b. Walls: Concrete block, metal, or pre-fabricated concrete. c. Roofs: Concrete, metal (if painted to eliminate shiny surfaces), or other fIreproof material approved by the Forest Service. Proposals for wooden roofs will not be approved. d. Partitions: Fire resistant material, such as reinforced concrete or properly grounded expanded metal. e. Color: Color used on all exterior building surfaces must have prior written approval of the authorized officer. The goal of color selection is to make buildings as inconspicuous as possible when viewed from a distance. The intent is to reduce or eliminate glare from reflective and/or illuminated surfaces such as windowpanes, sheeting and reflective paints. Non-reflective, Forest Service approved earth tone colors shall be used on equipment buildings. Building entry lights must: a. Only light the immediate area in the vicinity of the door; b. Be motion-activated and have a limited time duration of 3 to 5 minutes; and c. Have a shielded beam that is pointed at the building door. Requests for all-night (dusk-to-dawn) lighting or entry lighting that would be visible from outside the site will not be approved. E. New or RemodeledlExDanded Towers 1. Ail construction, modification, and expansion of towers shall have the prior written approval of the authorized officer. 2. It is the applicant and holder's responsibility to ensure that new, modified, or expanded towers will not unduly interfere electronically or physically with any existing equipment at the site. Towers shall be spaced so as to prevent ground level radiation and interference problems. Compliance with these requirements shall be demonstrated in writing to the authorized officer prior to issuance of a lease, permit, or amendment. 3. All new towers shall comply with current structural and safety specifications and design standards, including safety-climbing devices. Towers shOUld be as ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN narrow and "open" as safety and structural integrity allow. New towers should be designed using maximum wind, snow, and tower loading anticipated for the site. 4. All new towers (including antennas) shall not exceed 80 feet. All new towers shall be self-supPorting unless specifically authorized. 5. To avoid possible impacts to birds or bats, follow the most current version of the U.S. Fish & Wildlife Service's Interim Guidelines on the Siting, Construction, Operation and Decommissioning of Communication Towers (available at http://www.fws.govlhabitatconservation/communicationtowers.html). 6. All towers shall be left unpainted if they are made of dull, galvanized steel. Paint is required only if the tower has a shiny or reflective surface. Non reflective, Forest Service approved dark gray to green colors will be approved unless the FAA requires red and white tower striping. 7. No lights, beacons, or strobes shall be allowed on new towers unless specifically required by the FCCIFAA. VIII. GENERAL OPERATION AND MAINTENANCE A. Special Environmental and/or Biological Con§idemtions, There are no unique environmental or resource coordination requirements at this site. If issues arise in the future, this plan will be amended in accordance with the applicable decision or direction. B. Wiring and Grounding 1. All equipment shall be installed in metal cabinets or open frame equipment racks that are grounded and shielded. Grounding is to be installed in accordance with manufacturer's recommendations and accepted industry standards. 2. All electrical wiring and grounding shall meet the National Electrical Code and applicable State codes. All permanent wiring shall be installed in metallic conduit. Surge protection shall be installed on all power distribution panels. 3. Every effort shall be made to protect the equipment from lightning damage. Ughtning protectors should be used on all coaxial cable connections to equipment enclosures. Gas gap and MOV protectors should be used on all control, audio, and power lines. ·~160132 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN 4, Each building shall have its own separate grounding system for all users in that structure. Wherever practical, interconnection of individual grids and/or the simultaneous placement of large sized copper ground wire with any new grounding systems that are buried on the site shall be encouraged. 5. Grounding shall be installed in accordance with accepted practices and standards, such as Motorola specification R-56 and the NEC. Grounding using bentonitic clays is currently the only approved method for chemical grounding. Other types of chemical grounding shall require completion of NEPA documentation by the applicant prior to consideration for approval by the authorized officer. C. Communications Equipment 1. Equipment Ownership All equipment shall be labeled with: a. The owner's name; b. Applicable transmitter frequencies; c. The applicable FCC license or NTIA authorization; d. Transmitting power outputs; and e. A current 24-hour telephone contact number. 2. Transmitting Equipment All transmitters shall have protective devices built into them or externally installed to prevent interference with other uses. All transmitters shall meet FCC licensing requirements. The fe-radiation of intercepted signals from any unprotected transmitter and its associated antenna system shall be prevented by the use of appropriate filters, typically bandpass filters, circulators, and/or harmonic filters. The direct radiation of out-of-band emissions (noise or spurious harmonics) shall be reduced to a level such that it may not be identified as a source of interference as defined in FCC Regulations (47 CPR 9O.209(e). If site noise (electromagnetic noise) becomes an issue. noise threshold limits shall be established. and amended into the Site Plan. All transmitters not in immediate use and not specifically designated as standby equipment shall be removed. Loads connected to circulators shall be capable of dissipating the total power output of the transmitter. ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN . 3. Receiving Equipment A bandpass device, such as a cavity or crystal fliter, is recommended at the input of all receiving devices. Cavity fliters or other protective devices may be used at receiver inputs to reduce interference. Where duplexing is used, a notch-type device should be avoided. In situations where a notch-type device is used, a bandpass fliter shall be used on both the receiver and transmitter. 4. Antennas a. Microwave (dish) antennas and other than ground-mounted satellite dishes shall not exceed 10 feet. b. All antennas shall meet all OSHA safety standards. If an antenna is operating in excess of FCC public or occupations standards, steps will be taken. such as fencing, posting of signs. relocation, lowering power levels, within 24 hours to bring it into compliance. Ground measurements of RFR levels will be taken before mitigatiop measures are implemented. c. Colors for dish antennas or covers shall be pre-approved by the authorized officer. White dish antennas and covers will not be approved. Existing white dishes and covers shall be repainted or replaced as repairs or replacement become necessary. d. Antennas shalJ be treated to reduce or eliminate reflected glare. e. Low-powered transmit and receive antennas may be located low on the tower or on the ground. 5. Interference The responsibility for correcting interference problems lies with the holder of the communications site authorization for the facility. the user causing the interference. and the affected parties. Generally. the first users at a site have seniority with respect to resolution of interference complaints. Senior users have an obligation to maintain their equipment to industry standards, to operate their systems in accordance with the terms of both the FCC license and NTIA/1RAC frequency authorization, and to comply with the Forest Service communications site authorization. New users at a site shall correct, at their expense, interference problems that they create. They shall cease operation of the suspect equipment until the problem is corrected. If interference problems cannot be resolved or corrected within a reasonable time, the new use that is causing the interference may be terminated and the equipment removed. ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN If a Site Users Association is formed, all users shall cooperate with the Forest Service in the identification and correction of any interference. The Forest Service does not have any responsibility for correcting interference problems, but can act as a mediator to help all affected parties. Interference problems should be coordinated with the FCC or NTIA, as appropriate. Interference with law enforcement and emergency communications shall be corrected immediately. Operation of equipment covered by this site plan shall not interfere with Federal Government radio or electronic operations already in existence on National Forest System lands within two miles of the Pine Mountain (Antelope) Communications Site. The user causing this interference shall at their own expense take all actions necessary to prevent or eliminate the interference. If they do not eliminate the interference within ten days after receipt of notice from the Forest Service to do so, their use will be terminated. If electromagnetic noise becomes an issue, noise thresholds shall be established and incorporated as an amendment to this site plan. The cost of such analysis is the responsibility of the lease holders. D. Cables and Transmission Lines All new cabling shall be jacketed and shielded and shall either be flexible or semi-rigid. Existing substandard cables shall be upgraded as repairs or replacement become necessary. Cables shall be properly installed, strapped, and fastened down. Cable runs should be consistent with applicable engineering standards when attaching cables onto a tower. All transmission lines (wave guides) shall be supported in accordance with manufacturer'S specifications. Unjacketed transmission lines or unjacketed cables of any type are prohibited. No transmission lines shall be left unterminated. Double-shielded braided or solid-shielded cable shall be used. No RG-8 cable is permitted. No connector-type adapters shall be used on transmission lines. Only correct connectors that will mate to connected devices may be used. Conduits shall be shared when they service common areas and shall be buried where possible. E. Radiation All communications uses shall meet ANSI, FCC, and Forest Service regulations, policy. guidelines, and standards concerning radiation limitations. Monitoring radiation levels at the site is the responsibility of all site users and shall occur at intervals to comply with FCC regulations and guidelines. A copy of the monitoring report shall be provided to the Forest Service within 30 days ofits completion. ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Onsite RFR measurements shall be taken using appropriate equipment that can adequately measure levels both on the tower and on the ground before mitigation measures related to RFR are implemented. Security fences with RFR notice signs are required around areas that exceed public use levels. All fencing location and design shall be pre-approved by the Forest Service. Warning signs shall be in English and Spanish and comply with ANSI C95.2 color, symbol, and content conventions. Contact infonnation, including name and telephone number will also be included on warning signs. Any identified RFR problems that are, or could be, a human health hazard shall be corrected within 24 hours after measurement tests have been completed, or the equipment involved shall be removed from the site by the site user. Any ground disturbance associated with correction of RFR problems or removal of equipment causing the problem must have prior written approval of the authorized officer. E•.. UtiUdt§ Site users shall pay for the cost to instaU and maintain utilities, including any resource surveys and reports needed for environmental compliance. For visual reasons, new overhead utility poles are not authorized. 1. Commercial Electrical Power Commercial power is provided by Central Electric Cooperative. 2. Telephone Service Commercial telephone lines do not service this site. 3. Fuel Storage Fuel storage facilities on this site must be designed, installed and maintained according to applicable federal, State and local laws and ordinances. If additional service is ever deemed necessary, a separate authorization will be issued to the owner of the service following the appropriate NEPA analysis and decision. The applicant must pay the cost of necessary resource surveys, and reports and construction costs including appropriate mitigation. For visual reason, overhead utility lines may not be authorized. G. Sanitary Facilities No sanitation facilities exist at this site. If needed, any new sanitary facilities shall be pre-approved by the Forest Service. If it is determined by the authorized officer that the user needs such facilities, they will be provided by the applicant/holder in a manner and I I I ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN location satisfactory to the authorized officer and requirements of the local health department. H. Security and Law Enforcement The Oregon State Police and Deschutes County Sheriffs Department are the principal law enforcement agencies for the area in which the Pine Mountain (Antelope) Communications Site is located. Generally, the State Police and County Sheriffs are responsible for civil and criminal law enforcement Generally, the Forest Service is responsible for enforcing Federal laws applicable to NFS lands, such as resource protection. Patrol and policing for security purposes is the holder's responsibility. None of the facilities at Pine Mountain (Antelope) Communication Site are fenced. If additional fencing is ever deemed necessary for security purposes at other facilities on the site, it must meet the following criteria: 1. All fences must meet health and safety requirements. 2. All fence locations and design require Forest Service pre-approval. 3. The standard fencing type will be chain-link (i.e. cyclone). 4. The standard fence height will be eight (8) feet. 5. Fencing will be designed, maintained, and of a type to minimize interference issues. 6. Fences will be signed with RFR notices if RFR is above public levels. Buildings shall be posted with a 24-bour contact phone number(s) on the main door(s) into the building wbere appropriate. I. Site Maintenanse The objectives of site maintenance are to present a clean, neat, and orderly appearance at the site and to have all the authorized improvements at the site be safe for workers and the public. All users are responsible for maintaining the overall appearance of the site. Miscellaneous debris remaining after any construction or installation, removal or modification of equipment is not only a hazard but can cause interference or intermodulation problems. All loose debris must be removed from the site within 30 days after completing construction, reconstruction, or other activities. In particular, all loose wire or metal objects shall be removed from the site. The users of the site shall remove graffiti within ten working days of finding it. If graffiti is on natural features, such as rocks and trees, site users will remove graffiti using a method approved by the authorized officer. Page 210'32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Holders may not leave or dispose of trash, garbage, or cut brush on NFS lands. No outside trash or litter containers are allowed. Site users shall remove all trash and Utter from the site as it is produced. Policing of litter in common areas, such as the areas between buildings and developed sites, is the shared responsibility of those holders bordering these areas. Peeling paint on buildings and towers shall be re-painted within thirty days of discovery or as soon as possible as allowed by weather conditions. J. Inspections Unless waived in writing by the authorized officer, the holder shall annually conduct an inspection of the facilities and equipment covered by the authorization. The inspection shall include a technical review that should ensure that all authorized equipment is operating in accordance with requirement of this site plan, the applicable FCC license or NTIA authorization, ANSI standards, and the manufacturer's specifications. ill addition, the inspection should ensure that the authorized equipment is secure, free of rust, properly grounded, and otherwise properly operated and maintained. A copy of the inspection report shall be provided to the authorized officer within 30 days of completion of the inspection. The Forest Service may also conduct periodic reviews to monitor for authorization compliance. K. Fire Prevention and Hazard Reduction Requirements Facility owners and facility managers will be required to control vegetation within the fenced or immediate area around their facilities. GraveVmineral soil (Le. bare ground or mowed vegetation) must be maintained to a minimum of (10) feet clearance around buildings and a minimum of (10) feet clearance around any propane tanks. Identified threatened, endangered, or sensitive plant species must remain within the minimum clearance areas. Smoking is prohibited in flammable vegetation areas. Roof structures shall be kept reasonably clear of debris at all times. No explosives will be stored at this site. Flammable materials shall be stored in conformance with the requirements of local fire regulations. Flammables will be placed in closed containers and stored away from sources of ignition and combustible materials. If flammables are stored within a building, the building will be locked, properly signed and well ventilated. Approved spark arresters will be required and maintained on all internal combustion engines. ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN At least one (1) U.L. rated 20 lb. A:B:C dry chemical fire extinguisher is required inside each building. Prior to each June, fire extinguisher(s) shall be inspected by holders and refilled, if necessary. Any fire will be immediately reported to "911", the nearest Forest Service office and/or Deschutes County Sheriffs Office. Forest Service Officers will make periodic fire prevention inspections. They will call to the holder's attention any lack of compliance with the above regulations, plus any other existing hazards. Compliance with these inspections is required within the time limits specified in the inspection report. All fire protection standards must be accomplished by the beginning of frre season unless otherwise agreed to, and then maintained throughout the frre season. For new construction. the Forest Service will provide the Holder with a separate Construction Frre Plan which will be prepared at that time as applicable. State and local laws/regulations must be followed for the diesel tank installation. L. Ac~ 1. Road Holders who damage the access road, or any of its associated improvements. such as ditches, culverts, roadside vegetation, signs, and underground utilities and facilities, shall be required to repair the road to conditions equal to or superior to those prior to any damage or disturbance. Access to Pine Mountain (Antelope) Communication Site is from Bend, Oregon at the junction of Highway 20 and Highway 97. From Bend, drive east on Highway 20 for approximately 25 miles; turn right (south) onto county road #2017 (Pine Mountain Road) and go 3.3 miles; stay left onto FS100 and go 1.9 miles; stay left onto FS160 and go 1.2 miles to Pine Mountain (Antelope) communications site. The Pine Mountain (Antelope) Communications Site is located approximately 26 air miles southeast of Bend and driving time is approximately 45 minutes. 2. Internal Roads and Parking Areas Internal roads and parking areas within the communications site are the responsibility of the site users. Interior roads and parking areas shall be planned and approved by the authorized officer in conjunction with establishment of new facilities. Interior roads shall be maintained so as to allow only one entrance to the site. The intent is to discourage off-road vehicle use in and around the site. ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN 3. Road Closures Forest Service roads are subject to periodic closures to entry during periods of extreme fue danger. inclement weather. or wetness. Site users may access the site during these closures if they have prior, written approval from the authorized officer. IX. SITE ASSOCIATION AND ADVISORY GROUP A Site Association may be desirable for the Pine Mountain (Antelope) Communication Site as issues arise in the future requiring more user coordination. It may also be desirable to include the communication users on the private land for coordination on the following common issues. If formed in the future, the Site Association would be responsible for obtaining access, maintenance and upkeep of internal roads and parking areas. The Site Association would also be responsible for ensuring cooperation between users for on-tower access. A Site Safety officer would be identified within the Site Association. The Site Association would be expected to develop a Radiofrequency Radiation Plan/Agreement and recommend measures to reduce interference issues (e.g., through use of filters). The goal of the Site Association would also be to maximize the effective use of the site. The objective of a sanctioned association will be to represent all site users as a group when dealing with the Bend-Ft. Rock Ranger District Office on matters relating to the Site administration. The association would be able to work in cooperation with the Forest Service to identify problems or opportunities and make recommendations to these entities for any changes in management strategies at the site. The association could also provide input to these entities regarding the future addition of equipment and facilities at the site. While the advice and recommendations of the association would not be binding on these entities, they could use the input for administration of the site. The Forest Service would be a member of such a group and would help jointly develop the charter (Le., the ground rules). ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Site Map tillClOeLorme. Topa NorlhAmeriat'" 9. www.delOrme.com , ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN x. APPENDICIES APPENDIX A -Location Map Q 2 4 6 a 10 0JlIa 100m 6-0 Page 26 'o"~ ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN APPENDIX B -Authorized Facilities Page 27df 32 . ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN APPENDIX C -Facility Photographs . Page.28 01 32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Facility 4 -Deschutes County Sheriff · . Page 30 01.32 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Facility 6 -Century Link ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Facility removed 6111 ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN Facility 8 -Oregon Department of Transportation ANTELOPE AT PINE MT COMMUNICATIONS SITE MANAGEMENT PLAN .APPEW!IX D -Inspection Checklist "Pine Mountain (Antelope) Annual Technical Inspection" Date Inspected: ___'--_______ Time Inspection: __.,---_......______ Authorization # ___________Pennit Holder: .--_-,...--,-__--,---,._--,.~ Site Technician: """'"'-=-~____.........____ Phone# _________--...,. Number of Transmitters _~_____--,. License Posted --'__....,....______ Please mark the following Items as Acceptable (A) or Unacceptable (U), ElecUical Wiring---........... (A) (U) Grounding _.-...,.....-(A) (0) Equipment Installation ----------(A) (U) Housekeeping --------.----(A) (U) Building Repair -----------------(A) (U) Tower Repair -----oo-------(A) (0) Please mark the following Items as Yes (Y) or NO (N) or (NA) Isolators -----~(Y) (N) (NA) Circulators, ~. . (Y) (N) (NA)d •• ..".. Cavities -----------------_..----(Y) (N) (NA) Terminators --------_.._------(Y) (N) (NA) Filters -""'"--............ . ~-.................. (Y) (N) (NA) Lightning Protection ---------(Y) (N) (NA) Comments: Recommended Corrective Action: Required Corrective Action To Be Taken: Committee Representatives: Forest Service Representatives: Please make the required corrective action within the next 120 days. Please make a wriuen report ofcorrective action taken and submit to the FS.. lfyou should have any questions, please call the Forest Service office.