Loading...
HomeMy WebLinkAbout36306-ZTown of Southold Annex 54375 Main Road Southold, New York 11971 7/11/2011 CERTIFICATE OF OCCUPANCY No: 35055 Date: 7/11/2011 THIS CERTIFIES that the building Location of Property: SCTM #: 473889 Subdivision: COMMERCIAL ALTERATION 9245 Route 25. East Marion, NY 11940, Sec/Block/Lot: 31.-3-11.31 Filed Map No. conforms substantially to the Application for Building Permit heretofore 3/28/2011 pursuant to which Building Permit No. 36306 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: co-locate antenna and related equipment for MetroPCS as applied for. Lot No. filed in this officed dated dated 4/7/2011 The certificate is issued to East Marion Fire District (OWNER) of the aforesaid building. ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 36289 5/11/11 ign)t6re TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36306 Permission is hereby granted to: East Marion Fire District PO BOX 131 East Marion, NY 11939 Date: 4/7/2011 To: co-locate antenna inside pole & install related equipment for MetroPCS as applied for At premises located at: 9245 Route 25. East Marion, NY 11940 SCTM # 473889 Sec/Block/Lot # 31 .-3-11.31 Pursuant to application dated To expire on 10/6/2012. Fees: 3/28/2011 and approved by the Building Inspector. COMMERCIAL ACCESSORY BUILDiNG OR ADDITION CO - ACCESSORY BUILDiNG Total: $500.00 $50.00 $550.00 Form No. 6 TOWN OF SOU~HOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF occUPANcY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and:unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. Ifa Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $50.00, Additions to dwelling $50.00, Alterations to dwelling $50.00, Swimming pool $50.00, Accessory building $50.00, Additions to accessory building $50.00, Businesses $50.00. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 New Construction: Location of Property: · OwnerorOwnersofProperty: ~"'. /-dax-b?-t~gA..) Suffolk County Tax Map No 1000, Section Subdivision Old or Pre-existing Building: House No. Street Health Dept. Approval: Planning Board Approval: Request for: Temporary Certificate Foe Submitted: $ .~'-~9 , Date of Permit. Date. t~[~--~/ [/ (check one) Block ~ Lot Filed Map. Lot: 7' // Applicant: Underwriters Approval: Hamlet Final Certificate: (check one) AppliCant Signature Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1802 Fax (63 I) 765-9502 ro.qer, dchert~town.southold.ny.us BUILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATE OF ELECTRIClAL COMPLIANCE SITE LOCATION Issued To: Metro PCS Address: 9245 Main Rd City: East Madon St: NY Zip: 11939 Buildir'~ Permit #: 36289 Section: 31 B~ock: 3 Lot: 11.31 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: DBA: Charles M Dwyer Inc License No: 4278-me SITE DETAILS Office Use Only Residential ~ Indoor ~ Basement ~ Service Only ~ Commerical Outdoor 1st Floor Pool New Renovation 2nd Floor Hot Tub Addition Survey Attic Garage INVENTORY Service 3 ph Hot Water GFCl Recpt Main Panel A/C Condenser Single Recpt Sub Panel A/C Blower Range Recpt Transformer Appliances Dryer Recpt Disconnect Switches Twist Lock Other Equipment: 200a under ground service for cell site Ceiling Fixtures [~ HID Fixtures Wall Fixtures ~ Smoke Detectom Recessed Fixtures ~ CO Detectors Fluorescent Fixture ~ Pumps Emergency Fixtures~.~ Time Clocks Exit Fixtures ~ TVSS Notes: Inspector Signature: Date: May 11 2011 81-Cert Electrical Compliance Form TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [~FOUNDATION 1ST [ ] ROUGH PLBG. [ ] INSULATION [ ] FINAL [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT PENETRATION [ ]FOUNDATION 2ND [ ]FRAMING / STRAPPING [ ]FIREPLACE & CHIMNEY [ ]RRB RESISTANT CONSTRUCTION DATE TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ]FOUNDATION 1ST [ ] ROUGH PLBG. [ ]FOUNDATION 2ND [ ] I.I~ULATION [ ]FRAMING/STRAPPING [~ FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUC~ON [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) REMARKS: / DATE ~/~r--~//~// INSPECTOR ~ ~----~ ToWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 76&-1802 FAX: (631) 765-~o02 SoutholdTown~qorthFork.aet P M1T NO. BUILDING PERMIT APPLICATION CHF-,CKLIST Do you h~ve or n~d tim followin& beta~ applyln~? Board of l-I~lth 4'se is of Building Plam N.Y.$.D.E.C. Flood Permit Storm-Ws~r As~m~t Form Contact: Attorneys for Applicant: Mail to: Re~ Nielsen, Huber & CouF, hlin, LLP 36 N. blew York Ave., Huntington, NY 11743 liuilding Impe~tor Phone: 6314254100 ~ ~ ~ ~ ~ i~I APPLiCATION FOR B~ING PERMIT MAR 25, 2011 Date [q'i~/ZcH Z$- ,2011 INSTRUcIiON$ a T ' . .1 USThec ~: c. p..__~, :.:.>_.: _ i=. pi,et pure to Fan aor, ording lo s~hedule. b. Plot plan showing Ioc~ion of lot and oflmildin~ on pt~fiz~, ralafionship to adjoinin~ premises or public slme~s or are~ and watexways. c. The work ~ov~d by this applic~ion may not be ~menced before issmn~ of Building Permit d. Upon approval of this application, the Buildin~ Inspector will issue a Building Permit to the applicant Such a permit shall he kept on the premises available for inspe~ico thronghout the work. e. No building shall be o~c. upied or used in whole or in part for any pu~pcae what so ever unffi the Builaing lnspe~.or issues a Certificate of O~cupan~. f. Every building permit shall e~pim iflha work authorized has pot onmmenoed within 12 months ~ the dale of issuance or has not been comple-~- within lg tno~hs from such date. Lf no inning armmdmants or olh~r mgulafiom aff~lln~ file . property have been enacted in lt~ ~ Ii~ BuiMin~ ~.or mai/nmhoriZ~ in writing, file ~ oftbe patmit for an addition six months. Thereaf~r, a now permit shall be requi~t APPLICATION IS HIII~BY MADE to I1~ Building l~pa~me~t for tim isauanca of a Building p~mlt pursun.~ lo th~ Building Zone Ordinance of the Town of 8oulhold, 8u~olk County, N~v York, and other applicabl~ I.~ws, Otdinanoas or Regulations, for the construction of buikli~s, ,_~aions, o~ alt~alions or for removal or dnmolitian as hnaln de~n"md. Tn~ applicant agree* to comply with all appli~le laws, ard!--~. 10uildin~ code, housing ~ and regulafi~s, and lo authorized inspectors on premis~ and in Imilaln~, for ance~saty impeofions. MeU'oPCS New York, LLC 5 Skyline DriYe,.Hawthpme, NY 10~32 State whether applicant is owner, ~ age. at, archigot, ~, gensral contractor, el~tridan, plumber or builder Lessee Name of owner of premisos East Marion Fire District ,~"~y (As on th~ tax mU or later If applicant is(a ~ of duly authorized offi~r By: ~ ame ana' bfco orm oilier) Builders License No. Plumbers License No. N/A Electricians Lioeme No. Other Trade's Li¢~,s~ No. 1. Location of land on which proposed wo~k will be done: 9245 Main Road Hous~ Number Stm~t East Marion Hamlet County Tax Map No. 1000 Section Subdivision 31.00 Block 03.00 Filed ~ No. Lot Oll.O~l q 2. Stat~ exi~ng u~ and o~x~pan~y ofpmm/s~ and intond~ u~e and occupancy of proposed oon~-,~fion: a. Existing ,use and occupancy Firehouse~ Public Safety and Public utility w~reless telecommunications facility b. Intanded Use and occupancy Same as Existing 3. Natur~ of work (oheck which zppli~ble): New Building Addition · Alteration Repair R~noval . D~ll~lolition Other Work Colocate public utilit~ wireless tclccommqnications antennas inside ~x'isting pole and install related equipment as depicted in the plans (Dosoriptioll) sub.mitred herewith. 4. EsUmated Cost $125=000 Fee . (To b~ paid on filing this application) 5. If dwelling, number of dwelling uni~ N/A Number of dwelling uni'~ on ~a~h floor N/A If garage, number of ~ars N/A 6. If businesS, commcmial or mixed oc~qx~7, spe~if~ nature and ~ of~a~h typ~ ofus~. Firehouse, Public Safety ** and Public utility wireless teleconununications facility 7. Dimensions of. existing structures, if any: Front Rear Dcpth Height. Number of Stories ** Exisfin8 110' monopole Dimensions of same structure with alterations or additions: Front Rear , 9. I 0. Datc of Purehasc Depth Height D~menmons of entire new cons~uction: Front. Height Number of Stories / approx. 3+/- acres Size of Iotf FrOnt._ Rear Nov. 23, 1998. Number of Stories**No Change .Rear ' Depth ** 250 sq~ ft. leased equipment area V pm . Eugene Kessler, as executor of the Name of Former Owner Estate of Herbert R. Mandel 11. Zone or u~ district in which prmnise~ are sitmsted HB and R-40 12. Does proposed construction violat~ any zoning law, ordinsucc or regulation? YES__ NO X 13. Will lot bc re-gmdcd? ~.___NO X Will e~ee~sflll beremow, d from premisez? YES NO.X 9245 Main Road 14. Names of Owner. of premisee East Marion Fire Dis~ictAddrtm East Marion, NY 11939 Phone No. 631-477-OI 63 Name of Archi~eet MTM Design Group Inc. . Addreas P.O. Box 3, Hazier, NJ ]~honc'No 732-888-6210 Name of Contra~or Address o/Bo .Phone No. 15 a. Is this property wi~'m 100 feet 9f a tidal wetland or a fiv~zhw~ter w~land? *YES__NO __ * IF YES, SOUTHOLD TOWN TR~ & D.E.C. PERMITS MAY BE REQUIRED. b. Isthlspropenywithin300f~-tofafidalwWdand?*YES ' NO X * IF YES, D,E.C. PERMITS MAY BE REQUIRED. X 16. Provide survey, to sc, al~, with as~uratv foundation plan and distances to property lines. l 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 1 $. Are there any covepants ~md re ,s?'ations w.~l r~pect to this propm'ty? * YES . NO XX · IF YES, PROVIDE A COPY. STATE OFNEW YORK) SS: -~ C-~ ~ r).z.~, beingdalyswom, depos~ and says that (s)he is the applicant (Name of individual signing contract) abow nam~l, (S)He is the Lessee/Applicant (Contractor, Agant, CorporaU~ Officer, ~t~.) of sa~d owner or owners, and is duly autho~sed io preform ~' have performed ~be said work aad m make and file ti~ application; that all aratemon~s contained in this sppUc~fion are Irse to the best of his knowledg~ and belief;, and that the work will be performed la the manner set forth in the aPPlication filed tbemwith. 207~ ~---~ignatur~ of Applicant NY7319 Search Ring Map 0 mi 0.2 0.4 0,6 0.8 I Cingular Site: FA~ 10107SS0 / NYCENYIOI7 M~roPCS site:. NY7319 / Eaal M~rion FI} Sl'l'[ LIC~'qSE AGREEMENT This Site License Agr~ment CSLA"), cotered into this ~ day of ~ , 20~.. CSLA Effective Date") b~w~ New Cingui~ Wireless PCS, LLC, ~ d~signoted as LICENSOR and MetroPCS New York, LLC, a D~lawam limited liability company, h~'inafhir designated as LICENSEE. This SLA is a SLA as referenced in that certain Master Lease Agrecmant between MecroPCS, Inc, and CINGULAR WIRELESS LLC dated May 23, 2006 ("MLA"), as amended. All of the terms and conditions of the MLA are incorporated herein by this reference and made a part hereof without the necessity of repeating or attaching the MLA. In the event of a contradiction, modification or inconsistency between the terms of the MLA and this SLA, the terms of the SLA shall govern and control. Capitalized terms used in this SLA shall have the same meaning described for them in the MLA unless otherwise indicated herein. 2. Site No. and Name (if applicable): LICENSOR: FA//10107550 / NYCENYI017 LICENSEE: NY 7319 / East Marion FD 3. Site Address and the Land which is more particularly desoribed in Attachment 1, attached hereto and incorporated herein: 9245 Main Road, East Marion, Suffolk County, New York 4. Site Latitude and Longitude: 41° 7' 40.188" N and 72° 20' 29.148' W 5. The LICENSEE Antenna Facilities to be placed on the 1~ and thc location of thc Premises are detailed in and shall be consistent with Attachment 2, attached hereto and incorporated herein. 6. Thc term of this SLA shall be as seC forth in Sections 4 and 5 of the MLA. 7. The Rent commencement date of the SLA shall be the first day of the month following the earlier of either, i) one hundred twenty (120) days after full execution of this SLA; or ii) the re~ipt by LICENSEE of written notice from LICENSOR permitting LICENSEE to commence construction. 8. The Rent for teml hall be at an annual rental od ~ - -- -- paid in equal monthly instailmenta on the first day of the month, in advance, to LICENSOR at th~ following address: AT&T Mobility, ARa: Co-Location A/R, P.O. Box 97079, Redmond, WA 98073-9779 or to such other imrson, finn or place ns the LICENSOR may, from titno to time, designate in writing at least thirty (30) days in advance of any rental payment date. All Rent checks shall have LICENSOR's site number clearly written on tile face of the check. 9. If the Property is subject to a prime lease, license or other such agreement granting LICENSOR's interest of the Property, a copy of such agreement is attached hereto as Attachment 3. If consent is required from Owner, it shall be attached hereto and incorporated herein as Attachment 4. 10. LICENSOR Contact for Emergency: NOCC 800-832-6662 11. LICENSEE Contact for Emergency: Network Support Center 800-672-6727 12. Special Provisions: Canital Contribution: LICENSEE will pay a one-time fee to LICENSOR, not to be construed as Rent, for reimburacment of LICENSOR capital costs. LICENSOR encountered extraordinspj site build costs (stealth tower) in connection with the devcinpmcnt of the subject site. LICENSEE agrees share shall consist of the total payment of¶ to be paid to AT&T Mobility (via overnight courier) at 8645 154th Avenue, NE, A 98052-3564, Re: Site Name NYCENYI017; FA # 10107550, and shall be due upon commencement of this SLA and prior to issuance of the NTP. IN WITNESS WHEREOF, the parties hereto have set their hands and aff'~xed their raspeetive seals the day and year first above written. w~r~s~ v LICENSOR: New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager NAME: Neil Boyer TITLE: Director, Network DATE: ~OCT ~ ,~ WITNESS LICENSEE: MetroPCS New York, LLC TITLE: ATTACHMENTS: Attachment I: Legal Description of the Land Attachment 2: LICENSEE'S Premises Attachment 3: Prime Lease Attachment 4: Owner's Consent Attachment 5: Memorandum of Site License Agreement STATE OF GEORGIA ) COUNTY O~ _~?,11 kl kl~'~lT ) I certify that I know or have satisfactory evidence that Ncil Boyar is the person who appeared before mc, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the ins~'umem and acknowledged it as the Director-Network of AT&T Mobility Corporation, as Manager of New Cinsular Wireless PCS, LLC to be the flee and voluntary act of such party for the uses and purposes mentioned in the instrument. STATE OF/~.-)~,L) ~' ~,~ ) / COUNW O~ ~ Fe& ~, ~ ) I ceni~ ~at i know or have s~sf~m~ cviden~ ~ ~" L ~ [ ~ S(, ~ is thc ~n who append ~fore me, ~d s~d p~n gknowl~g~ ~t h~she si~ ~is liniment, on oa~ sta~d that h~s~ w~ au&ori~d to execute the inst~cnt ~d gknowl~g~ it ~ the '] ~ ff ~ - ~ ~4 of ~o ~ m be the ~e ~d volunt~ a~ of such p~ for~e uses ~d pu~ses mentioned in the ins~ment. Dated: /0 Notary Public DIANE LAVELLE My commission expires Ne. 01LA~027870 ~ In Weatche~ler Ceunly, C, onvnl~eioo Explma July 19, 20,.~ (Use this space £or notary stamp/seal) ATTACHMENT 1 LEGAL DESCRIPTION OF LAND A portion of the property described below and more commonly known as 9245 Main Road, East Marion, SuffoLk County, New York: Address: 924.,~ Main Road Town: Sour, hold State: NY County: Suffolk Distr/ct: 1000 Section: 031.00 Block: 03.00 Lot: 011.0:11 ATTACHMENT 2 LICENSEE's PREMISES The Premises is defined below and plans and specifications are aaached hereto. Number of Antennas: Antenna Manufacturer and Type-Number: Weight and Dimension of Antenna(s) (L x W x D): MW Dish diameter and aplnoved RAD Center: Number of Transmission Lines: Diameter of Transmission Line: Location of Antenna(s) on Tower (Approved RAD Center): Direction of Radiation (Azimuth): Dimensions of LICENSEE's Ground Space: Frequencies/Max. Power Output: Other Equipment to be placed on Tower: Three Andrew HBX-6516DS-VTM 9.9 lbs.: 51.4" x 6.6" x 3.3" Six ¢6) I $/~" 30°/150°/270° To be obtained from third-onrW Tx: 2140 MHz: Rx: 1740 MHz: 18 Watts N/A Notes: 1 The plar~ and spec. if, cations attac~ed berate are provided as SLA attachments only. Approved Final ConstnJction drawings are required prior to commencement of construction. Actual "as built' drawings shall be anached and incorporated herein at the tima of compledon of construction. 2. Thie Attachment is to inclode any plans for routing lines, utility wires, etc~ on or across the property. 3. Frequency and Power Output Information is provided for purposes of monitoring compliance with the Intederenco sections only. (~) EL EV',ATION DE$IGN~ GROUP- ATTACHMENT 3 PRIME LEASE The Prime Lease is attached hereto, ~ ~ NL N¥C~NYI017 Gall ~ Nnmm West O~ent Point lqlmd ~ ~ 10107550 Marllat: Eas~ Addttm~ 9~45 Main i~ Ea~ Maziorx, NY 11939 8F, COND AMi3ql)M{i~rr ~ OIlTIO~ AND L~ - -- .-..-..., .,-,.q, r. um. r. as~ .MmOn. NY t !~3~ (~olkx:liwly the Lc. ass a~ ~f~'x~d to M the "&gnmn~t"); and Conmn~nc~ulWHER~,A{, Lnnd{on:! and Ten,~t ~ to amead tl~ Agz~ement to modify the ~ Dale nnd I:1~ Rent amount ~hetee4r; and W'H2~S, Landixd n~d Tmmm deslm ~, mu~nd.t.Tm¢ ~ to modify ~ no~Jc= WHaRF. AS, L~dh~l and Tenant d~sire to anmnd lira A~reen*~nl to modify the Pesmitl~d Un ~ thcr~{; a~d ~ in total, upon reaaonabJe :sAd WI'-I~R.F, AS, .Lundlord and Ten,mc d~sim to nn'~'nd lira Agrc~n~-nt to modi'f~ the Inleafemnc~ scion to ~ miaimlzin$ ~ssi~e noise, if a~y, cremating, from the WHEREAS, Lmd]an;I nnd Tenant, in thor mutual intez~t, wish to amend d~ A~'et'm~nt ns set fm0~ below accordingly. co~idsmion, the __r~_.'pt and sulTgJenc? of which a~ hereby acknowigi..n~_. Landioid and Tenant ag~as as follows: 1, Landlogl and Tenant ~ that Para~ 4,(a) d the Aggemenl is hcgby dclctod in its eetlmy and ~ with the following: 2. l..mdlord axt Ttmant agroe fiat F,,,.&~apb 2.(d] of the A~n~-nt is he~ deleted in ~ ent~ and r~laced with the fo~lowiq: Tenant will a]~" tm)vide a Y X 5' COUCmt~ pad within a fenced a~za adjacem to Tenant,s .trioseS..le. Temnt will ms~ Landlord's coaz is buried in cmduit and brought for ne-in to landlord cqUilXnem, in add~tien, Tenant will lmwido power oenduiu from I.~zllord's dnigm~d building ioca~! at Dis~ct 1000, $(~'dou 31. B]ock ~ or up.ark the et~pme, nt I__~__ w~rdn Exhibit L so long as l. andle~fs rnedif'ncatinm do not imizfe~ ia any way with Tenant's radio frequency sisnat, and do no tzq~ a stmotunl up~'ad~ modif~catiou to fotmdatloo or tower. Lndle~ and Tenant a6~,e dam P~gtff,,'q,h 24. (i) of the A~retm~nt and Para~xph 1. of thc Tenant s4//,~ lo I~y ]Jmdltgd't, xeasonabk ]ef~J fees for the mvlew ~' th~ Agnar. nmnt. tltis Amendmmt and reasonable ~ fm for secwing t~ Oovemmanl AFl~ova~ to pony, in an amourg not to 4. Lasdlold ggl Tenan! agree ih. st subpara~-il~ 8. (~) will b~ atJdod tO Ihe A~eement, providing th~ followml: Thn~M dm term of ~ Alpeemcil, Tenant will take tr. asooable st~ps m ~mm~ ~i~ ~ ~ im C~ ~fity. T~ wi~ ~ ~ ~ni~ .2- :5. Notices. Section 17 of the Agreement is hereby amended to replace Tenant's Legal Notice address only with the following: New Cingular Wireless PCS, LLC, Attn: Legal Department 5 Wood Hollow Rend Pamippany, NJ 07054 Cell Site No. NYCENY1017 Cell Site Name: West Orient Point Fixed Asset No. 10107550 6. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Second Amendment shall control. In the event of any inconsistencies between the First Amendment and this Second Amendment, the tenne of this Second Amendment shall control. Except as expressly set forth in this Second Amendment, the Agreement and the First Amendment, otherwise are unmodified and remain in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second Amendment. 7. Capitalized Terma, All capitalized terms used but not defined herein shall have the same meanings as defined in the Agnccment. IN WITNESS WHEREOF, the paroles have caused their properly authorized representatives to execute and seal this Amendment on the dntes set forth below. LANDLORD: East Mai'ion Fire District, a New York TENANT: New Cingular Wireless, PCs, LLC, B y: AT&T Mgl~ty~Corporation By: ~ II sly111~' Name: R, 101ichael Mas3~ , Title: Ex, Dir Ny/NJ Network -3- NY Am~n! to Lga~' 2006 TENANT ACI~WOWLMDOlVlENT SS: COUNTY OF Onthe ~ldayof I:'e~, inthoyea~200~befor~me, the undersigned, personally appeared_ff~, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capaoity, and that by his/her signato~ on the instrument, the individual, or the person upon behalf of which the individual acted, executed thc instrument. Notary Public JANETTE ELISE WALS¥ NOTARY PUBLIC Or NEW JERSEY CY COMMISSION EXPIRES FEB 20 2~'.'9 LANDLORD ACKNOWLEDGMENT (Use for nil Landlords: Individual, Corporation, Partnership, etc...) STATE OF ~ ~,~"~ ) ) SS: COUNTY OF ~',~'-¢ ) On thc%" day of I~ ~,~, in the year 200~, before me, the und-rsigned, personally appeared l~t-~',~,e ~,,.~.,,,...~ . pemonally known to me or proved to me on the basis of satisfactory evidence to be thc individual whose name is subscribed to the within instrument and acknowledged to me that be/she..~xecuted the same in his/her capacity, and that by his/bet signature on the instrument, thc i)~T/,'idual, or the person upon behalf of which the individual acted, executed the in~~.........~ ~_ Notary Public EDWARD ;01'~1 ,~OYD t,~o~,'y Pul!i~ Ste:e cf ;J~w York Commi,.:;~o:l Expires AFiJ 30, 2C it -4- ATTACHMENT 1 MEMORANDUM OF LEASE c/o Cin~ular Wireless, LLC 6100 Atlantic Boulevard Nom'oss, GA 30071 Attn: Nctwo~k Reai Es~a~e Adminis~ation Re: Cell Site # NYCENYI017; Cell Site Name: ~ Fixed Asset Num~. 1010'7550 State: New York County: Suffoll~ MEMORANDUM OF LF~SE This Memorandum of Lease is entered into on this qo~ day of F~t~ ,200~_.., by and bctween Emi Marion Fire Dimict, a New York municipal corporation, having a mailing ~ldre~ of PO Box 131, East Marion, NY 11939 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having n mailing address of 6100 Atlantic Boulevard, Norcro~, GA 30071 (hereinafter referred to as "Tenant"). Landlord and Tenant catered into a certain Option and Lease Agreement ("Agreement") on the 17th day of August, 2005. as amended by that certain First Amendment to Agreement dated the 7~ day of December. 2006, and this Second Amendment for the purpose of installing, operntlng and maintaining a communications facility and other improvernenu. All of the foregoing are set forth in the Agreement. The initial lease term will he five (5) years ("Initial Term") commencing on the Effective Date of the Agreement, with four (4) successive five (5) year options to renew. The portion of the land being leased to Tenant (the "Premises") is described in Exlgbit 2 annexed hereto. This IVlemorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provL~inn$ of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the As~ement shall conlroL TI~ A~eement shall be bindin~ upon and inur~ to Om behest of th~ parties and their ~.spective heirs, successors, and assigns, sub'je~t to tim provisions oftl~ A~.~nent. IN WITNE~ WH~RliiOF, the panics have executed Ibis Mcmmandum of Lease as of the day and year first above v/riVen. Print Name; East Marion Fire District, ti New York Its: Print Name: Print Name: TENANT ACKNOWLEDG~ COUNTY OF ~ ) ) $$: ) On the~. day of Feb in thc year 200~ beforc mc, thc undersigned, personally appeared g.~,,.katJ ~,u,,.~ , personally known to me or proved to mc on the basis of salisfactory evidcnce to be the individual whose name is subscribed to the within instmmcnt and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or thc person upon behalf of which the individual acted, executed the instrument. J,~NETTE ELISE WALBY LANDLORD ACKNOW~.g. DGIVlF_.NT (Use for all Landlords: Individual, Cmporntion, Partnership, etc...) STATE OF ~u~,~ ) COUNTY OF ~,,~- ) SS: On the ~ day of ~,,n . in the year 200~_, before me, the undersigned, personally appeared .~~, personally known to me or proved to mc on the basis of satisfactory evidcnce to be thc individual whose name is subscribed to thc within instrument and acknowledged to me that he/she e]~cuted the same in hie/her capacity, and that by his/her signature on thc instrument, the in~}~l~ual, or the person upon behalf of which the individual acted, executed the inst~'u~..~..~..~ ~ Notary Public EDWARD JOHN ~OYD Sth N~ry Public Sta!o oJ 14ew York Com~i.~sion Expire~ April 30. 20 )~ Cdl Sgt~ N~ NYCENYI017 M~rb~u Trt S~tg ~ FUt~T AMF2~MI~NT TO LF-~E AGR£F.q~E~T THIS FIP~T AMENDMEN'T TO LF_.,~E AOR.EEMF. HT ("Ameedmmt"), da~M ~s of O~e Inm~ of the signature d~et Ixd4~, is by and between East 'Ma~i~ Vve Dis~ict, · Municipsl ('.or~ havi~$ a mailing s~lr=ls of P. O. BoI~ I'l]~ E~st Marion, NY reft:rrM tv as "Lnfldlntd~ ~ New Cingular W~mless I~$, LLC, a Dda,,vnrs limited liabili~ WHEIKEA~, Landlmd and Tcr~nt entered ~nto · ~ A~.ommll dated 2nOS, wb0sc~y Lsndlord I~oJ so T~ ~in Ist~ds~aerein d'~''ad' ofdm pmpe~ looned at Msin Road, East M~0~ NY 11939 ('A~nsent'); and WHEREAS, thc facility Iocagon ~ e. hm~d per the attac.~d t,eue P.~d~ibtt ar~ WHF_JtEAS, ~_--,Uord and Tenant desire lo nmmd lhe As~eement ~o mndily the noticz Uso Permit wifls It~ Zmi~ Bom] o~ Appeals tf ~, rsm ~ ~ o~m r A~o~ wi~ ~ PI~ ~ ~ File ~ A~ ~ Sim ~ ~ ~ ~ m mo~ ~ m ~~ WHEREAS. Tenet a~ee~ to pay Landlord's mtson~le Radio F~lucncY en~i.~ng foes fm lbo sulmdtl~ , ~o,:~ r~.~omble proof of the sam~ ami · d~nl, sms~ ot Ioq~, mas~dl~d ni~lk~ion, including I~t not limited m emergency 911 WHERF. AS, Landlonl arid Tenant, i'n *t,~r murmd inte~;t, wish as s~t fo~h'below NOW TI-IEREFORE, in comid=alion of the ~goin$ md other ~oed a~d valoablo censider~io~, fl~e ~ and .sufficiency of which a~ hn~by actmowlodl~t, Land[o~! and TENANT ACKNOWLEDGEMENT STATE OF ~'T ) )ss: COU~TY OF ~ro~,~3 ) ,j On th~ "/ day of ~ 200~9 beforc me personally appmred and acknowledged~ under oath that he is the of '~--,-~le_~ne~ ~' ~¥1z7:~"' of ~-.L'~.,~,~ .~l~l~'f/Ze~ , tho '-~,a~c~'"- named in thc attached in.stnun~t,-an,l a~-Such was authorized tO ~xecute thia instrument on behalf of h~ )':;;"' ': ' :? Nota~PY~blic: - - " *"* My Co~n~nission Expires: (3 LANDLORD ACKNOWLEDGEMI:NT INDIVIDUAL ACKNOWLEIX~I~MENT STATE OF ) ) SS: COUNTY OF ) BE IT REMEMBERED, that on this ,. day of ,2~__ before me, the subscriber, a person authot~xi to take oaths in the State of , personally appeared who, being duly sworn on his/her/their oath, deposed and madc proof to my satisfaction that he/she/they is/arc the person(s) named in the within instrument; and 1. having first made known to him/her/them thc contents thereof, he/she/they did acknowledge that he/she/they sisned, scaled and delivered the same as his/her/their voluntary act and deed for thc putposas therein contained. Notary Public: My Commission Expires: 2005 PARTNERSHIP f~onsistin~ of cor~orat~ mu-tn~rsl ACKNOWLEDGEMENT STATE OF ) ) ss: COUNTY OF ) I CERTIFY that on , 200._, . personally came before me and this/these person(s) acknowledg~i under oath to my satisfaction, that: (a) this/these person(s) signed, s~aled and delivered the attached document as . [title] of [name of corporation] it corporation of , which is a general partner of the partnership named in this the Slate of document; the proper corporate seal of said corporate general partner was affixed; and this document was signed and delivered by the corporation ss its voluntary act and deed as Iai general partner(s) on behalf of said parincrship [by virtue of authority from its Boanl of Di~dors]. Nota~ Public: My Conunission Expires CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF I CERTIFY that ) ) ) on ~.N ~.~*-~ ~. \i. , 200 ~__.., [name of rel~resentaiive] personally ea~no before mc and acknowledged under oath tha~ he or she: [name of corporation], the corporation named in the attached insUumcnt, (b) was authorized to execute this inzmiment on behalf of the corporation and (c) executed the instrument m thc act~ Notary Public My Commission Expires: EDWARD JoHN f:OYD 5th Notao/ Pubtic State oi Commission Expires ApI~ 2005 Amendme~ Form I See attached exhibits comprised of thre~ pagt~, last rtvl$ion d~te, April 12, 2006, prepared by Inflaigy Engineering. l. This Exhibit may be rephtccd by e. land smwey and/or comt~ction drawings of the Pr~nises once it is ~ivcd by Tcmn~ 2. Any setback of the Premises from th~ Prop~y's boundaries shall b~ Ibc distance required by 0re appllcnbl~ governn~ntnl authorities. 3. Width of ac, ce-..s mad shall be t~e width required by the nlrplicsble $overmnental authorities, including police 4. The t~pe, number and mounting positions and Iocatiens of amenms end. tra-,.~i,~,,i.on lines are illustrntive o~ly. Actual types, numbers and mounting positions may vz~ry ~'om what is shown above. GRAPHIC SCALE ~,L~.~'t SITE LAYOUT ~ 10'~ 0 10' ~.~ .,~.~..~,~ ~.~,. ~cing~r ~ '~- ~ · -- i n f i n .~ ~ASE EXHIBIT P~N eng.lneerl g ~ ~ ~ ~N, ~ 11g~ AND LF,,~I~ AGR.E~KNT ht. vin~ a ~ add.as of PO Bos; 131, F. sat Marina, NY 1193~ ~ refen,nd m as "~ and NEW CgqOULAR ~ Pt~ LLC, ~ s msillng sdd~ss of 6100 Atlami~ Bo~k'vs~ Norcn~, mmafm*ed by Temmt t~ ~ thin{ pa~ty ~md~ to be subjem to tim teuns hereof, Te~nt shall immed.~dy be mlm~ed rnmt troy and all li~ mi~ tide A~,een~ indiulins the paymmit o:t' m~ rental m' ~ m d~ (e) Dm-lz~ tl:~ Init~l Opt~n Tenn and my ~ tbm'mf,, T,~,~',t may examis~ th~ Opt~n by ne, t~'in~ Landimd in ~ilin& If Temmt exa~:~:s thc Option llwm Lm:,~ lca~ ~he Ptcn:d~s to to c~k other. (0 If dm~ ~m InRial Ol~em Tmn m- m~y ealemio~ thnre~ m' dm'in~ tim term of ti~s A~r~ement if w~ inchdm (withom timitmb:m) t~e mmalndw M'~h~ Mit _ _~,~e_ ) w tn ~ re, ertl of fosectoaum, ~ droll tmmedimety rm~y T,.--~* in wri~ Any s&l~ af the Property ,i~*ll Im mzbje~ to Tem.~'t r:~.~- undw tl~ AIImnnm. Landln*d a~ee~ thal dudng 1ha Initial OpS~ T~m ~ anS, m~uskm ~mnmf, ~ dmZ0 the T~nn of Prcunises and uudmdm Shy ,-,it,.. nplx'OlM'l~at~ rnemu to 8ecux,m tl~ ~,~;;~c~ Tenant agrccs to ..c~mply with aB appllcablc 8ovmunen~ Is'va. mira, statutes and m~latior, s, t~tttn~ to its use of ~e Communtmtlm Fum3ity on thls a4aemnm~. Tmam v~tl be allowed to nlak~ m~e~ alt~ions 1o thc Prol~y in oeder to accomplish T,'--,~ '~ "~,..,2m or to ~ that Tmant's C,v,~,mkafim :Pac'dity omnplim with ail spplicable federal, statc ~ local T.mant requires .- edditioual pa~ of ~b~ Prupmy (thc 'Addlti~nal Prunises") for su~b ux~iiP, catim u~ 2 Cc~,,,,n~natien Ps~lt~y loco~ m Dift~ 1000, ~ 31, Bl~ 3, and Loi ll.O~l. I.~ndl~l ~ ll~ ~i~ to (c) AH Rm~ ~ ~1~ d~ pu)q,b]~--~ shaU be billed by Laf~,~l wi~ one (m) {_a~ .~_ that T-.,-,~, ,bm,,/to use lt~ {~mism is contln~ u~ am st~biii~ of Ib~ Pru~ {'tx' Tmnm's. P~.u2itted Uso and T~ ml~li~y io obiaiu and rnai~ all Oov~'mun~l end with Propgty, eeeee~m7 to de~ R' II~ T~MmI:'s tea of the ~ will be eeq~R~e with Tensn~ts .,Pum~rtj]b. IS nefml! m,~l ]ti~bL ~o Cum ofdlis.ABreun=f af).a' the aFp')Jc~b),c.~ pededa~ nudmri~ ~ fro' {he cen~'nc~mm ~ o~ of ~.- C~mmmmieatlon F~ by Tenant; o~ if Truant ,htmm{u~ in i~ mole dim~n dmt t2~ cost of ol~,;~a.~ at re. nmm; tl~ mamm h (t) by Temmt upon six~ (60) days prlim' wTJttm .nel~e to Lm~ord .q:a' any reasm~ so lonll as Tau~ pay~ Land[k~rd & t{murdnafi~n f~ {slual to .;lxr~ ({) mo~ Rent. mt Om {hen c"urreml ra~. providod, bo~ ~ or m0~ of Psra~aph $(b) App, uvab. 6(a) Tmnimatlc~ 6(b) T......~m~.. ~(c) T~...;.mion. ~ InU~-= limit of liabi{i~yof3S,0~O,000 ~ siu~e limit for bodily injury ur ~utb/l~ 6nmap~aristu~ 4 · 'afforded by Tmant's commercial gt~ml liability insurance shall apply to Landlord as an additional insured, but only with respect to I ~ndlord's liability arls!n_a out of its inm~t in the Prop~ty. (b) Tenant shall have the right to self-insure with respect to any of the above insurance rcquir~nc~s. (a) Where there are existing radio ff~quency user(s) on the Prop~ty, the Landlord wilt provide Tenant with a list of all existing radio frequency users) on the Prop~y to allow Tenant to evaluate tho potential for intoderence. Tenant warrants that its use of the Prc~nises will not interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, as long as the cxisting radio frequency user(s) operate and continue to operate within their respective frequencies and in acooidancc with all applicable laws and rcgolations. (b) Landlord wiil not granl, after tha date of this Agreement, a lease, license or any other right to any third party for th~ us~ of thc Propmty, if such use may in any wa)' adversely sffcot or interfere with thc Communication Facility, tho operations of Tenant or the rights of Tenant under this Agreement. Landlord wilt notify Tenant in writing prior ~o Slmntlng any third party thc right to install and operate communications equipment on the Property. (c) Landlord will not use, nor will Landlord pennR its ~nploy~es, tenants, llcanac~, invitees or agents to use, any portion of the'Property in any way which into'fores with the Communication Facility, the operations of Tenant or the rights of Tee~tnt under this Agresment. Landlord will cause such interference to cease within twenty-four (24) hours after raceipt of notice of intofl'ereno~ from T~n,nt. In the avant any such interference does not cease within tim afurc~nenfioned cure period then h~e parties acknowledge thai Temnt will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord's breach of this Aircemen~ to elect to enjoin such interference or to tcrtvdnste this A/reement upon notice to Landlord. (d) Thc installation, maintenance and operatioris of tl~ Co~mication Facility will not interfere with the Landlord's existing emer~cy equipment or operations within the ..Property. In the event Tanant's installations interfere with the Landlord's equipment or operations, Tenant will immediately cease such interference, after notice thereof until it is able to resolve tho problem. If the interference cannot be resolved, either party will be entitled to terllfiuate this Agreement laid render it null and void. (a) Tenant a~-ees to indemnify, defend and hold Landlord harmless from and against any and aH injury, loss, damage or liability (or any ¢lslms in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and cotul costs but excluding real pwpat~y or pet~onal property taxes) arising directly from the installation, us~, ms|nten,411C~, rep~ir or re~lloval of the Commtm/catlon Facility or Tenant's breach of any provision of this A/recreant, except to the extent attributable to the ne/ligel'~ or intentional act or om/salon of Landlord, its employees, agents or independent contractors. (b) Landlord a/roes to indemnify, defend and bold Teoant harmless from and against any and all injury, loss, damage or liability (or any. claims in respect of the foregoing), costs or expenses (includi~ reasonable attorneys' fees and corot costs but exch~d!ng real prope.,ly or personal propen'y taxes) arising directly from the actions or failure to act of Landlord or its employees or agents, or Landlord's br~ach of any provision.of this Al~'ecment, except to the extent attributable to the negilgent or intentional act or omission of Tenant, its employees, agents or independent contractors. (c) Notwiti~tanding anytbtn$ to the contrary in this A~ree~.ant, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages. (a) Tenant and Landlord each acknowledge and represen~ that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Al/recreant and bind itself hereto through the party set forsh as signatory for the paily below. (b) Landlord represo~s and warrants that: (i) Landlord solely owns the Property as a legal lot in tee simple, or controls the Property by lease or license; (ii) the Property is not ecaimhored by any lieaa, restrictions, mortgages, covenanta, conclit~om, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenants Permitted Use and enjoyment of tho Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to. Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Preraisas; (iv) Landlord's execution end performance of this Agreement will not violate any laws, ordinances, covenants'or the provisions of any mortgage, lease or other agreement binding on the Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord shall provide promptly to Tenant a mutually agreeable Subordination, Non-Disturhance and Attommant Agreement. (a) Landlord represents and wanants that tha ~operty is free of h,?~nious substances as of the date of this Agreement, and, to the best of Landlord's knowledge, thc Property has never been subject to any contamination or bs~s~dous conditions resulting in any envimmnental investigation, inquiry or remedisiion. Landlord end Terlant agrcc that each will be responsible for c°mPliaucc with any and all environmental and industrial' hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing staudirds of liability or standards.of conduct with regard to any environmental or industrial hygiene condition or other mutters as may now or at any time hereafter be in effect, that are now or were related to thai party's activity conducted in or on the Property. (b) Landlord .,,,t Tcmmt agree to hold harmless and indemnify the other from, and to assume all duties, rasponsibiiitias' and liabilities si the sole cost and expense of the indemnify' ~ paW/for, payme~ of penalties, sanctions, forfeitures, losses, costs or ,t.nmges, and for responding to any action, notice, claim, order, summons, citation, directive, litipiton, investigation or proceeding which is related to (i) the in~,~m'~ifying pan'y's failure to comply with any environmental or industrial hygiene law, including withoui limitation any regolstinns, guidelines, standards or pollcias of any governmental authorities regulating or imposing standards of liability or standards of condu~ with regard to any anvironmantal or industrial hygiene conditions or mutter~ as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions thai arise out of or are in any way related to the bxmdition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party, (c) The tndrauaificsiinns of this Paral~aph 11 Bnvironmental specifically include reasonable costs, expenses and fees incurred in connection with any investigation of ProperS. conditions or any clash-up, remodlation, removal or restoration work required by any governmental authority, The provisions of this Paragraph 11 Environmental will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any ~,*.~,~dous materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Tenant's sole determination, renders the coadition of thc Premises or Property unsuitable for Ten~,~t's use, or if T"nRnt believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action, intc~,ention or third-party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate tho Agreeme~ upon notice to Landlord. Ii. ACCESS,' At all timas throughout the Term of this Agreement, and at no additional charge to Temmt, Tcnsnt and its employecs, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pcdastrian and vehicular access to and over the Property, from an open and improved'public road to the pre. wises, for the installation, maintenance and operation of tho Coonnonicaiion Facility and any. utilities serving thc Prcmisas. Landlord IFants to TenenI an asscmcnt for such access and Landlord agrees to provide to Tenant such cndes, keys and other instruments necessary for such ac. cass at no additional cost to Tenant, Upon Tenant's request, Landlord wiii execute a aeparate recordable easemant evidencing this fight, In the cvent any public utility is unable to use rite acceas or easement provided to Tenant thou the Landlord agrees to grant addiiiorud access or an cascmcot either to Tenant or to the public utility, for the benefit of Tanant, at no cost to Terumt. 13. P,~MoV~TORATION, All portions of the Communication Facility brought onto tbe Prolm'ty by Tenant will ha and ~r~tn Temmt's persomd property and, at Tmant's option, may be removed by Tenant at any time dining th~ T~m, excludi~ the tower. Landlord envmmuts ami airees that no part of tbe Com~lnication Facility consiruotod, erected or pla~l on the Praises by Tenant will become, or be considered as being affixed to or a part of; the Pmpmty, it ~ the specific intention of the Landlord that all im~,,,,vemmats of cve~/kind and nature constructed, erected or placed by Tenant on tho Premises will be and remain the property of the Tenant and may be removed by Teaumt at may time during the Term. Within cue hundred twenty (120) days.of thc 5:~:,,,lnstion of this A~'eemnot, T~s,~l will remove all of Tenant's ubovc-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the comrnenceilleltt of ~ Aireemcm, reasunablo wear and t~ar mad loss by cesu~lty or other causes beyond Tenant's control excepted. Notwithstandi~ the foregoing, Tenant will not be respomible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from thc premises or the Property any foundations or underground utilities. Upon the tr,,alnation or expiration of this AgTeement, whichever qhsll be tho sooner, Tenant shall remove its equipment from the tower and the parties agren that the tower will automatically become the property of Landlord. Landlord will not be required to ~ive any additional ennsideration to Tenan! for tim transfer of ownership. Furthermore, the partice asree that no further instrmnent shall bc required to transfer ownership of the tower to Landlord. All further obligations mad responsibilities for rt,*!~haining the tower will transfer to Landlord. 14. MAtN']~N~C~~. (a) Tc~nt will keep and maintain the Promises in good condition, reasonable wear mad tear and damage from the elenmats excepted. L.sntl!ord will ~_~intsin mad repair the Property and access thereto, in good and re,rentable condition, subject to reasonable wear and tear and damage from the el~nents. (b) . Tenant will be responsible for paying on a monthly or quarterly basis ail utilities charges for electricity, telephone service or any other utility used or consumed by Tensut on the Pre~isce. In the event Tenant cannot secure its own motored electrical supply, Tensnt will have the tight, at its own cost arid expmse, to submetor from the Landlord. When submotming is necessary and available, Landlord will read the m~tsr on a monthly or quaziorly basis and provide T*n~*~t with the necessary usage data in a timely rn~nnor to enable Tonm~t to compute such utility charses. Failure by Landlord to perform this function will limit utility fee recover3, by Landlord to a 12-month period. Landlord will fully cooperate with any utility company requesting an eesement over, under and across the Property in'order for the utility company to provide service to the T~,~nt. Landlord will not be responsible for. interference with, interruption of or failure, beyond the ressoimble control of Landlord, of such services to be furnished or supplied by Landlord. 15. DIi}¥~I,,ILT AND RIGHT TO CURE. (a) Tho following will be deemed a default by Tenant mad a breach of this Agreement: (i) now payment of Rent if such Rent remains unpaid for more than thirty (30) days at~ar 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 al%r receipt of written notice from Landlord specii~ting thc failure. No such fail{ire, however, will be deemed to exist if Tenant has conuuenced 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 r~-msins in default beyond any applicable cu~e period, Landlord will have the right to exorcise any and all rights and remedies available to it under law and equity. : (b) The following will be deemed a dafault by Landlord and a breach of tins Agreement: Laridlord's failure to perform any term, condition or breach of any wan'anty or coveamnt under this Agreemollt withilt folly- five (4~) days a~er receipt of wtitten notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period ~rut 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. If Landlord remains in default beyond any applicable cure period, ? Tenant will have the right to ex~is~ any and all righta available to it under hw a~l eqtu~, including the ngh~ to oure Landlord's default and to d~uci th~ costs of such core from any monies due to Landlord from Te~ut. 16. .4,~ SIGNMENT/SUBLEASF,. Tana~ will have the fi~ht to assign, sell or transfor its intarnst under thio Agreement without fha approval or consmlt of Landlord, to T,.~s,~'s parent or member company or any affiliate or subsidiary of, or partner in, Tenant or its parent or m_~mber company or to any entity which acquires all or substantially all of the Tenant's asse~ in the market defined by the Federal Communications Commission in which thc Property is located by reason of a merger, acquisition, or other business reorganization. Upon notification to Landlord of such assignment, transfer or sale, Tenant will be relieved of all futura performance, liahilitics and obligations under this A~reemant.. Teoant shall have the fight to sublease the Premisns, in whole or in part, with Landlord's consanl, which will not be unreasonably withheld, conditioned or delayed. Tenant may not otherwise assign this Agreement without Landlord's consent, Landlord's consent not to be unreasonably withheld, conditioned ox delayed. 17. NOTICES. All notices, requeits, dcmande and commtmicationS her.~der will be given by first class cen'ified or revered mail, return recellX requested, or by a natiovidly reco~gzed overnight courier, pnstage prepaid, to be effective when properly sen~ and received,, refiised or rctvmed undelivored. Notices will be addressed to thc parties as follows: If to T~-t: c/o Ctngular Wireless LLC Attn: Network Real Estate Administration I~: Cell ,site #NYCIflqY1017; Cell Site Name: West orient point 6100 Agantic Boulevard. Norornss, GA $0071 With a copy to: Cin~lar Wireless LLC Atto: Legal DeparUneut Re: C~I Site #NYCI~IYI017; Cell Site Name: West Orient Point 15 E Midland Awnue Paramus, NJ 07652 If to Landlord: East Marion Fire District PO Box 131 East Marion, NY 11939 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided hereLn. 18. ~ If any term or condition of this Agremn~nt is found unenforceable, the remaining terms and .conditions will remain binding upon ~ parties as though said unonforeeablc provision were not con'.ained herei~ However, if thc invalid, illegal or unenforceable provision materially affects ~his A~reeinent then the Agreement may be tcrminated by either party on ten (10) busincss days prior written notice to the other pony hereto. 19. (~gND~A~IION. In the event Landlord recelvca notification of any condemnation procoedin~s affectin~ the Propcrty, Landlord will providc notice of thc proceadin~ to Tenant within forty-eight (48) hours. If a condenmin$ authority takes all of the Property, or a portion sufficient, in Tenar~'s sole detenuination, to render ~ut.hority. The purdes will each be entitled to pursue thei~ own separate awards in the condcenne~ion proceeds. which for Tenant will include, whe~ applicable, the value of its C~.;,...~cation Facih'ty, mo~ng expenses. prepaid Rent, and business dislocalion expenses, provided that any award to Tenan~ will not diminish Landlord's recovery. Tenant will be entitled to r~imbursement for any prepaid Rent on a prorate basis. 20, CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty-eight (48) hours of the casualty. If any p~rt of the Communication Facility or Prope~'y is damaged by fire or other casualty so as to render the Premises unsuitable, in Tamer's sole dai~amkiation, then Temmt may terminale this Agrcera~ by providing writ~n notice to the Landlord, which termination will be effsotive us of the date of anch damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be roimburaed for any prepaid Rent on a prorate basis. If notice of tennination is given, or if I_-~vdlord or Tenant ~clertakc to robnild the Con~m~icatinm Facility, Landlord aggreas to uso its reasonable ~fforts to permit Tahara to place temporary transmission and reception facilities on the Propen'y at no additional Rent until such time as Tenant is able to secure a replacemen~ transmission location or the reconstruction of the Comm,nication Facility ia completed. 21. WAIVER OF LANDLORD'8 LIENS. Landlord waives any and all lien rights it may have, sta~uUxy or othcovise, concerning the Communication Facility or any portion thereof[ The Communication Facility shall be deemed personal property for purposes of this Aireamant, regardless of whether any pottion is deemed ~eal or p~sonsl property ander applicable law, and Landlord cons~ts to Teaser's right to r~aove all or any portion of the Commaniealion Facility from time to time in Tamer's sole discretion and without Landlord's cons~t. 22. TAXES. Landlord shall be responsible for payment of all ad valorem taxes levied upon the lands, improvcraents and othcr propc~y of Landlord. Tenant shall be responsible for all taxes levied upon T~'s leasehold hat,,,,vements (including Tenant's equipment build{n~ and tower) on the Leased Property. [~,vilord shall provide Ten_spt with copies of ail asseasme~ noticea on or including the Leased Prope~y inunediately upon receipt, bu~ in no event less than seven (7) tmsine~s days after receipt by Landlord. If l~,dlord fails to provide such notice within such time frame, Landlord shall be responsible for all increases in texas for the year covered by the assessment. Tenant shall have tho righi to contest, in good faith, the validity or the amount of any tax or asseasn~nt levied against foe Leased Property by such appellate or other proceedinss as may be appropriate in the jurisdiction, and rosy defer payment of such obligations, pay esme under protest, or take such other steps as T~,,t ,nay deem appropriate. This right shall include thc ability to imtitute any legal, regulatory or informal action in the name of Landlord, Tenant, or beth, with respect to the vaination of thc Leased property. Landlord shall cooperate in the insfitotion and prosecution of any such proceedings and will execute any documeuts required therefore. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a rcsult of Tensnt's action shall belong to Tcmmnt. 23. S~~. If Landlord, at any time during the Term of this Agreement,. decides to sell, subdivide or rezone any of the Premises, all or any pa~ of the property or Surrounding Prope~y, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, subdivision or re'zoning shall be subject to this Agreement and Tenant'.s rights hereunder. Landlord agrees not to sell, lease or uso any ar~as of the Property or Sm'rounding Property for the installation, operation or maint~moce of other wireless communications facilities if such installation, operation or ~nce would interfere with Tenaut's Permitted Use or comraum'cations equipment as determined by radio propagation teats performed by To~snt in its sole discretion, any such testing to be at tbe expense of Landlord or Landlord's prospective purchaser, and not Tenant. If the radio frequency propagation tests demonslrate levels of interference unacceptable to Tenan~ Landlord shall be pwhibited from selling, leasing or using any areas of tho Propo~ or the Surrounding Propmly for purposes of any installation, operation or maintmmnce of any other wirol~ communications facility or equipment. Landlord shall no/be prohibited from the selling, leasing or use of any of the Property or the Surrounding Prop~, for non- 9 wireless communication usa. In thc event the Property is transferred, the ncw landlord shall have a duty at tho time of mob tranafer to provide Teuant with a completed IRS Form W-9, or its oquivalelzt, a~d other ralated paper work to effect a transfer in Rent to tha new landlord. Tha provisions of this Pera~raph 23 shsl! in no way limit or impair thc obli~Mions of Landlord under Parai~'aph 8 abova. 24. MISCELI,,~IEOUS. (a) Amendment/Waiver. This Agrcemem c~t be ~d~ ~ or ro~ ~ dona ~ ~ting ~d si~ by ~ au~o~z~ ~t of ~o ~o~ ~d ~ autho~ ag~t of thc T~t. No p~ion ~y b~ w~v~ ~x~t ~ a wg~g si~ by ~ p~, ~) Memo~ndu~Sho~ Fo~ ~. Ei~ p~ will, a any t~c u~ fiflc~ (15) busings ~ p~or w~ notica ~ ~ o~er, ex~utc, a~wl~se ~ deliv~ to the ot~ a r~blo M~d~ ~ Sho~ Fo~ of ~e, ~ pa~y ~y ~ ~ M~d~ or Sho~ Fo~ of ~e ~ ~y ~me, ~ its absolu~ ~io~ (c) Bind sad Ben~t.' ~e ~ ~ c~fl~ ~ ~ ~s A~e~ will ~ ~ ~e Pm~y ~ bi~ ~ i~c to ~c ~fit of ~ paffi~, ~ r~ve ha~, ~uto~, ~to~, ~so~ ~d ~si~. (d) En~re A~meng ~s A~nt ~d ~ ~bits a~ ~o, all ~S a pa~ h~f, co~ti~te ~e ~t~ a~t of ~e ~ h~o ~ ~1 s~e~e ~1 pgor off~, nesotiagons ~d a~e~en~ wi~ ~t to ~e subj~t ~ of ~s A~t. (e) ~ver~ Law. ~s ~t wi~ ha ~v~ by ~ ~ws of ~c state in wM~ ~e P~s ~ locat~ ~ut ~ to ~i~ of ~w. (~ ~te~om U~ o~ ~ ~c follow~ ~cs of ~tion ~ Mt~r6a~ ~ply: (i) ca~o~ ~ f~ ~n~ce ~d ~o ~y ~ in ~ way dele or l~t ~o co~cgon of &e t~ ~ ~ti~ h~f; (~) use of ~ ~ "~1~' will ~ ~te~r~ to m~ "~cl~g b~ ~ li~ ~"; (iff) wh~ a p~s ~ ~ ~ ~r ~s ~t, ~pt ~ o~2e s~ in ~ ~t ~ as ~e may be d~H~ ~ch ~ will not be ~bly wi~eld, ~ti~ or dgay~ (iv) ~bim ~ ~ ~t~ p~ of ~e ~t ~ a~ ~o~t~ by ~e i~o ~s ~m2 (v) u~ of ~ ~ "t~on" ~ "exp~ti~* ~ mi~ns~ble; ~ (~) ~f~e ~ a default ~11 t~e into ~id~on ~y appli~ble ~ ~ ~ c~ ~o&, (~ Esmpp~ ~&~ p~y wi~, at ~y tima up~ ~ (20) b~ days p~or ~m ~e ~m thc o~, ~ut~ a~owl~ ~ deliv~ to ~ o~ a st~ ~ ~ (i) c~i~ns ~t ~s ~ is ~fi~ ~ ~ ~E for~ ~ eff~t (or, if mo~fi~ statins the ~ of su~ inebriation ~ cmi~g paid in adv~, if ~y, ~ 0i) ac~wled~ ~at ~ ~ ~ to such p~y's ~owl~ge, ~ ~ defaul~ on &e p~ of ~e o~ ~y h~, or sp~ ~h dc~ts · ~y ~e cMim~. ~y ~ s~t~t ~y bc ~lusiv~y ~i~ u~ by ~y pmsp~ivo p~ ~ ~c~b~ of ~ P~i~s. ~o r~u~t~ p~s ~il~ to de~ ~ch a st~t wi~ su~ t~ will ~ ~l~ively reli~ u~n by ~o r~u~tfl~ ~y t~t (i) ~s ~ ~ ~ ~11 f~ ~d ~, wi~out ~fi~tion cx~ ~ ~y bc pmP~ly r~t~ by ~e r~ti~ p~, (ii) ~o~ ~ ~ ~ d~a~ ~ ci~ p~'s p~o~, ~ (iii) no mo~ t~ one mon~'s Rc~ ~ b~ p~d ~ ad~. (h) No Ele~o~c' Si~a~r~o Op~on. ~e sub. ion of ~ A~t to any ~y for ex~on or ~id~on does not ~titute an off~, ~a~on of or option for thc Pr~ses bas~ on the tc~ sot fo~ h~ ~s A~t will b~ eff~gvo ~ a b~g A~m~t o~y upon the ~nd~tt~ lC~I ~ccutb~ ec~owl~t ~ d~i~ ~fby ~ ~ T~. (i) Le~ ~ T~t a~ to pay ~o~'s ~ble 1~ f~ for thc r~i~ of ~s A~m~t a~ ~ ~ ~t ~t ~ exc~ ~ ~ ~ N~I00 ~B~ ($3,~.~) u~n r~s~ble pr~f of ~e 10 (j) Capitsl Contribution. T~_~ agrees to pay Landlord a one ~ime payment of,Twenty Five Thousand and No/100 Dollars ($25,000.00) upon Tenants reoeipt of all Oovemment Approvals. The payment will be tbrwardad by Tenant to Landlord within thirty'(30) days after receipt of all Government Appwvals. [SlC~NA~'UI/ES APPEAR ON THE NEXT PAGE] 11 {N ]ViTi~ESS ]Vii~OF, the {m~es have cat~ ibim Asreemeni to be effec~ve as of th~ last date wril~n below. ~ WITNESSES: "LANDLORD" Pfi~Name: PfintName: East Marion Nir~ Distrlc~ A N~v York municipal corporation Its: C~am~tsSinll~' Date: (~t~~''~ P~int Name:',,, Print Name; New Ciniular Wireless PCS, LLC a Delaware ' 'ted liability Ils: ~m~ementst/oll/Director (IqY/NJ/ [ACKNOWI.EilGMENTS APPEAR ON THE NEXT PAGE] ~2 TENANT ACKNOWLED~ LANDLORD ACKNOWLEDGMENT INDIVIDUAL ACKNOWLEDGMENT STATE OF ) COUNTY OF BE IT REMBMB~, that on this day of ,200__ before me, the subscriber, a pcrson authorized to t~ke oaths in the Suite of , personally appe~od who, being duly sworn on Ms/her/their oath, deposed and made proof to my satisfaction that he/she/they i~are thc person(s) ri.mOd in the wi~l ~Ilstft~3el~t; ~ I, having firs~ made known to Mm/her/them the contan~s thercof, he/she/they did ~lmowledge that he/she/they signed, sealol and delivcred the same as Iris/her/their' voluntm'y sct and deed for the purposes therein confined. Notary Public: My Commission Expires: 13 PARTNI/RSHIP ¢consistina of coroorations'~ ACKIqO~~ STATE OF COUNTY OF ) l CI~TI~Y that on ,200_.~ personally .came before me and this/these person(s) acknowledged under oath to my satisfaction, that: (a) this/these pe~son(s) d/ned, sealed and delivered the attached document as [title] of [name of oorporation] a corporation of the State of , wMch ia a $cncral partner of the partne~hip .smd in th/a document; (b) th~ proper corpomta s~8 of said corporate ~eral partner was diked; and (o) .this docon~nt w~s al/ned.and delivered by the corporation as its voluntary act and deed as Iai §aneral par~er(s) on behalf of said partn~ship [by virtue of authority from its Board of Direaors]. Notary Public: My Commission Expires: CORPORATE ACKNOV~GMENT STATE OF ~--~o'I o~'~/. COUNTY OF ~'~,~¢~,-~t ) representative] persca_ ~!!y came befor~ me and acknowledged under oa~h that he or she: corporation], the corporation named in the atiached instrument, {b) was authorized to execute this instrument on behalf.of.the corporaion and [name of [name of · cxccuted the instramant as the act of the corporation.~/..._,,___....~ ........... Notary Public: My Commission Expires: 14 DRSCRIPTION OF pRI~MISES Page 1 of 4 to tho Agreoment dated ,2~ by ~d ~w~n ~s~ M~on Fke Dis~ a N~ York mu~i~ co~o~on, ~ ~1~, ~d N~ C~ W~s PCS, L~, a ~lawaro ~t~ ~bility co~y, ~ T~t. ~e ~s~ ~ d~ ~or d~ia~ ~ ~ows: SC:LEA c.a,m m.m ' OVERA~ GRAPH 100' 0 100' APPROXIMATE: SCALE: 1" - 1~'~' I~ ~N~ ~ ~ ' ~ ~ [XHI~I~ PLAN ~,~_~.. i n fi n i g y~" ~ LE~S~s~ I,D. U-1017 ~ ~ ~ I¢-o~I~ ~ , GRAPHIC SCALE 10' 0 10' ~PROXI~T[ S~E: 1' = 10'-0' ,~,.~ infinigy ~ ..~.~rl.~ ~ ~ SITE: I.D. U-1017 ~ ~ ~IOH, ~ 119~9 ANTENNA FRAME PU~N ~qEW , ~ SOUm FLAGPOLE ELEVA~ON ~ [~1~ engineering ~ ~= --~**~ ~N RO~ East Marion Fire District Tower Specifications and Accessories Pagc 1 of I ~uantitv I 1 De,ibc[ 636, 8.6 it UHF for top mounting 460.00 MHZ top of pole Low band 46.46 MHZ, RFS 1142 for side mount 40 fe~t Cellwave 210 UHF, 460.00 MHZ for side mount 40 fc~et ATTACHMENT 4 OWNER'S CONSENT Owner's Consent is attached hereto if required under the Prime Lease. at&t Consent to Sublease Date: November 12, 2009 EAST MARION FIRE DISTRICT ROBERT WALLACE PO BOX 131 EAST MARION NY 11939 Re: AT&T Mobility Option and Lease Agreement with East Madon Fire District dated 8/17105 Site Name: NYCENY1017 (EAST MARION FIRE) Site FA Number: 10107550 Site Address: 9245 MAIN ROAD Site City, State, Zip Code: EAST MARION NY 11939 Proposed Subtenant: MetroPCS AT&T Mobility has received an application to allow another wireless carrier (MetroPCS) to co- locate within the leased premises and on our ceil tower located at the address referenced above. This application shall be in accordance with local zoning laws and regulations. Under our agreement with Landlord, AT&T has the right to sublease with Landlord's reasonable consent. While subletting the premises, AT&T Mobility will continue to be the Tenant in our agreement with Landlerd and will perform all of our obligations under the Lease. Additionally, the Subtenant shall have no more rights allowed to them in excess of our dghts with Landlord as outlined in our existing agreement. Agreed to and accepted this J~..day of ,/~/dl,/' ,2009. Lan,dler~ or Lagdlord's ~Registered Agent; /..~/~t ~/'~lc'b e3::~'~, .'T'('( (printed Name) Please use the enclosed self-addressed stamped envelope to return this consent. If you have any questions, please contact me at 916-268-701411kontokanis~iyleco.com. Sincerely, Consent Specialist AT&T Mobility 3140 Gold Camp Ddve, Suite 30 Rancho Cordova, CA 95670 AT&T Mobility · 3140 Gold Camp Drive, Suite 30, Rancho Cordova, CA 95670 $1 ATTACHMENT $ MEMORANDUM OF SITE LICENSE AGREEMENT This Memorandum of Site License Agreement is entered into on this __ day of , 20_ ("SLA Effective Date") by and between New Cingular Wireless PCS, LLC with an office at 12555 Cingular Way, Suite 1300, Alpharetta, Georgia 30004 (hereinafter referred to as "LICENSOR") and MetroPCS New York, LLC, a Delaware limited liability company, with an office at 5 Skyline Drive, Hawthorne, New York 11532 (hereinafter referred to as "LICENSEE"). LICENSOR and LICENSEE entered into a Site License Agreement ("SLA") on the day of ,20 , for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Site License Agreement. The term of the SLA is for five (5) years commencing on ,20 and ending on , with four (4) successive five (5) year options to renew. If all options to renew are exercised, the term of this SLA will expire twenty-five (25) years after the SLA Effective Date (as defined in the SLA). The Land is ck~scribed in Atlachment I ~r~xed ber~o. The original copy of this SLA is held at the LICENSOR's and LICENSEE's addresses set forth above. IN WITNESS WHEREOF, the parties have executed this Memorandum of Site License Agreement as of the day and year first above written. LICENSOR: New Cingular Wireless PCS, LLC LICENSEE: MetmPCS New York, LLC By: DO NOT EXECUTE - FOR EXHIBIT ONl~y (Signature) Print Name: Neil Bover Title: Director, Network By: DO NOTEXECUTE-FOR EXHIBIT ONLY (Signature) Print Name: Title: Date: Date: STATE OF GEORGIA ) COUNTY OF ) I certify that I know or have satisfactory evidence that Nell Boyer is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the inslrument and acknowledged it as the Director-Network of AT&T Mobility Corporation, as Manager of New Cingnlar Wireless PCS, LLC to be the free and voluntary act ofsu~ party for the uses and purposes mentioned in the instrument. D~ed: Nota~' Public Print Name My commission expires (Use this space for notary stamp/seal) STATE OF ) COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appean~d before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the flee and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) MetroPCS Communications, Inc. Delegation of Authority Form Delegator: Name (print) Title Location Delegatee: Name (print) Title Location Dan Olmetti Vice-President / General Manager New York Market (5 Skyline Dr., Hawthorne, NY 10532) John Kossitch Regional VP, Network Operations New Yo~rk Market (5 SkTline Dr., Hawthorne, NY 10532) Delegation: [] All per Summary of Delegated Approvals: categories and mounts [] Partial - describe Start Date of Delegation End Date of Delegation Signature of Delegator Signature of Delegatee Instructions: It is not necessary to attach a copy of this delegation form to each document being approved by the Delegatee. Instead please notate on the document being approved on whose behalf you are signing. Forward original forr~ to Corporate Controller to maintain for audit purposes with a copy to the Delegatee. Effective: August 8, 2007 COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease Agreement") dated a~ of /'L)- ] ~. - t(~) , is made by and between MetroPCS New York, LLC, a Delaware limited liabilBy company ("I.a~eee") and The East Marion Fire District, a New York munieipsd corporation ("Lessor"). RECITALS This Lease Agreement is entered into based upon the following facts, circumstances and '~;~rstandings: A. Lessor owns certain real property legally described in Exhibit "A" attached hereto and commonly known as 9245 Main Road, East Marion, New York 11939; Assessor's Parcel Number 1000-31-3-11.31 ("Lessor's Real Property"). Lessee desires to lease a portion of Lessor's Real Property together with any necessary easements over other portions of Lnssor's Real Property and/or shared use of Lessor's easements over other real property necessary for Lessee's access and utilities to the leased area (altogether the "Premises"), as described on Exhibit "B" attached hereto. Lessor represents and warrants that it has the complete right and authority to grant the rights set forth herein and that Lessor has full rights of ingress to and egress from the Premises fi.om a public roadway. Premises. B. Lessee desires to construct and operate a wireless communications site at the C. Based on the foregoing facts, circumstances and understandings set forth herein and on the terms and conditions set forth below, Lessor is willing to lease the Premises to Lessee for Lessee's proposed use subject to the terms and conditions of this Lease Agreement. WHEREFORE, in consideration of the facts, circumstances and understandings set forth above and the terms and conditions set forth herein, the parties, Intending to be legally bound, hereto agree as follows: 1. Grant of Lense.. Lessor hereby leases to Lessee the Premises for Lessee's proposed use, subject to the following terms and conditions for the Term. 2. Permitted Uses. The Premises may be used by Lessee for the operation of a wireless communications site. Under this Lease Agreement, Lessee may install, place, use and operate on the Premises such antennas, radio transmitting and receiving equipment, conduits, wires, batteries, back-up generators, utility lines and facilities, supporting structures, storage facilities, telephone facilities, microwave equipment, and related equipment (collectively "Lessee's Facilities") as Lessee deems necessary for the operation of its wireless communications site at thc Premises as per Exhibit "B" attached hereto. Further, Lessee may perform construction, maintenance, repairs, additions to, and replacement of Lessee's Facilities within the leased area as per Exhibit "B" as necessary and appropriate for its ongoing business and has thc right to do all work necessary to prepare, modify and maintain the Premises to accommodate Lessee's Facilities within the leased area as per Exhibit "B" and as Lessee Site Nc. NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page I cfi5 determines is required for Lessee's communications operations at the Premises, subject to the terms and conditions of this Agreement. 3. Condifioa~ Precedent: Prior AoDroval~. This Lease Agreement is conditioned upon Lessee obtaining all governmental licenses, permits and approvals enabling Lessee to constroct and operate wireless communications facilities on the Premises without conditions which are not standard or typical for premises where wireless communications facilities are located. Lessor agrees to cooperate with Lessee's reasonable requests for Lessor's signatures as real property owner on permit applications, for allowing site inspections by governmental agencies required in connection with reviewing permit applications, and for assistance in obtaining such necessary approvals, provided that such cooperation and assistance shall be at no expense to Lessor. 4. Term. Notwithstanding Paragraph 3 above, the term of this Lease Agreement ("Term") shall be five (5) years commencing on the date (a) Lessee begins construction of Lessee's Facilities on the Premises or (b) twelve (12) months from the last date of execution by a party to this Lease Agreement, as reflected on the signature page below, whichever occurs first ("Commencement Date"). Lessee shall promptly deliver written notice to Lessor of the Commencement Date. Lessee shall have the fight to extend the Term of this Lease Agreement for four (4) additional terms (each a "Renewal Term") of five (5) years each. The terms and conditions for each Renewal Term shall be the same terms and conditions as in this Lease Agreement, except that the Rent shall be increased as set forth hereinbelow. This Lease Agreement shall automatically be extended for each successive five (5) year Renewal Term unless Lessee notifies Lessor in writing of Lessce's intention not to extend this Lease Agreement at least ninety (90)days prior to the expiration of the first Term or any Renewal Term. 5. Rent. Within forty-five (45) days of the Commencement Date, Lessee shall pay Lessor, as rent, during the initial term, the annual sum payable in twelve equal monthly ("Rent") ("Rent") ~ month. Rcm shall be payable on the first day of each month, in advance, to Lessor or Lessor's alternate payee specified in Section 22, Notices and Deliveries. If the Commencement Date ofthls Lease Agreement is other than the first day ora calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder oftbe calendar month in which the Term commences, and thereafter Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month of this Lease Agreement, or if this Lease Agreement is terminated before the expiration of any month for which Rent should have been paid. Rent shall be increased on each anniversary of the commencement date by an amount equal t~ 6. Due Dilizence Contingency and Pre-Commencement Dage Aeees~ to Premise*. Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease Agreement and prior to the Commencement Da~, to enter the Premises for the purpose of making necessary inspections, taking measurements and conducting engineering surveys (and soil tests where applicable) and any other reasonably necessary tests to determine the suitability of the Premises for Lessee's Facilities ("Due Diligence"), and for the purpose of prepering the Premises for the installation or construction of Lessee's Facilities. During any Due Diligence activities or pre-construction work, Lessee shall have insurance which covers such activities as set forth in Sectlonl6, Insurance. Lessee will notify Lessor of any proposed tests, measurements or pre-construction work and will coordinate the scheduling of such activities with Lessor. If in the course of its Duc Diligence Lesse~ determines that thc Site Ne.NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 2 of 15 Premises are unsuitable for Lessee's contemplated use, then Lessee shall have the right to terminate this Lease Agreement prior to the Commencement Date without any further liability or obligation to Lessor by delivery of written notice of termination to Lessor as set forth in Section 13, Termination. 7. Onfoin~ Access to Premises~ Throughout the Term and any Renewal Term of this Lease Agreement, Lessee shall have the right of aceass without escort t~ the Promises for its employees and agents twenty-four (24) hours a day, seven (7) days per week, at no additional charge to Lessee. In exercising its right of access to the Promises heroin, Lessee agrees to cooperate with any reasonable security procedures utilized by Lessor at Lessor's Real ProperW and further agrees not to unduly disturb or interfere with the business or other activities of Lessor or of other tenants or occupants of Lessor's Real Property. Lessor shall maintain all existing access roadways or driveways extending from the nearest public roadway to the Premises in s manner sufficient to allow for Lessee's access to the Premises. Lessor shall be responsible for maintaining and repairing such roadways and driveways at Lessor's sole expense, except for any damage caused by Lessee's use of such roadways or driveways. If Lessee causes any such damage, Lessee shall promptly repair the same at its sole expense. Except those constructed by Lessee, Lessor, not Lessee, shall be rosponslble for the maintenance and compliance with laws of all towers and structures located on the Premises, including compliance with Part 17 of the Federal Communications Commissions' ("FCC") rules. 8. Leesee's Work, Maintenance an~l Repairs. All of Lessee's construction and installation work at the Premises shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Lessee shall submit copies of the site plan and specifications (the "Plans") to the Lessor for prior approval, which approval will not be unreasonably withheld, conditioned or delayed. Lessor shall give such approval or provide Lessee with its requests for changes within ten (10) business days of Lessor's receipt of Lessee's Plans. If Lessor does not provide such approval or request for changes within such ten (10) business day period, Lessor shall be deemed to have approved the Plans. Lessor shall not be entitled to receive any additional consideration in exc~anga for giving its approval of Lasse¢~s Plans. Lessee shall mnlntain Lassee's Facilities and the Promises in neat and safe condition in compliance with all applicable codes end governmental regulations. Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee, its employees, agents, contractors or subcontractors. Upon the expiration, cancellation or termination of this Lease Agreement, Lessee shall surrender the Premises in good condition, less ordinary wear and tear and may, at Lessee's option remove Lessea's Facilities, provided however, in no event shall Lessee be required to remove any foundation supports for Lessee's Facilities or conduits which have been installed by Lessee. 9. Title to Leasee's Facilities. Title to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee. All of Lessee's Facilities shall remain the properly of Lessee and are not fixtures. Lessee has the right to remove all Lessee's Facilities at its sole expense on or before the expiration or termination of this Lease Agreement. Lessor acknowledges that Lessee may enter into financing arrangements including promissor~ notes and financial and security agreement~ for the financing of Lcssee's Facilities (the "Collateral") with a third party financing entity and may in the future enter into additional financing arrangements with other financing entities. In connection therewith, Lessor (i) consents to the installation oftbe Collateral to the extent that the Collateral is part of the approved Lessee's Facilities; (ii) disclaims any interest in the Collateral, as fixtures or otherwise, whether arising at law or otherwise, including, but not limited to any statutory landlord's lien; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress Site Ne.NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 3 of 15 for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Utilities. Lessee shall install separate utilities at Lessce's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back- up power). Subject to Lessor's approval of the location, which approval shall not be unreasonably withheld, conditioned, or delayed, Lessee shall have the right to place utilities on (or to bring utilities across) Lessor's Real Property in order to service the Premises and Lessec's Facilities. Upon Lessee's ' request, Lessor shall execute recordable easement(s) evidencing this right. Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. 11. Interference with Communications. Lessee's Facilities and operations shall not interfere with the communications configurations, frequencies or operating equipment which exist on Lessor's Real Property on the effective date of this Lease Agreement ("Pre-existing Communications"), and Lessec's Facilities and operations shall comply with all non-interference rules of the FCC. Upon written notice from Lessor of apparent interference by Lessee with Pre-existing Communications, Lessee shall have the responsibility to promptly terminate such interference or demonstrate to Lessor with competent information that the apparent interference in fact is not caused by Lessce's Facilities or operations. Lessor shall not, nor shall Lessor permit any other tenant or occupant of any' portion of Lessor's Real Property to, engage in any activities or operations which interfere with the communications operations of Lessee described in Section 2, above. Such interference with Lessee'$ communications operations shall be deemed a material breach by Lessor, and Lessor shall have the responsibility to promptly terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to Lessee, and therefore Lessee shall have the right to bring a court action to enjoin such interference or to terminate this Lease Agreement immediately upon notice to Lessor. Lessor agrees to incorporate equivalent provisions regarding non-interference with Pre-existing Communications into any subsequent leases, licenses or rental agreements with other persons or entities for any portions of Lessor's Real Property. 12. Tax~. Lessee shall pay personal property taxes assessed against Lessee's Facilities, and Lessor shall pay when due all real property taxes and all other taxes, fees and assessments attributable to the Premises and this Lease Agreement. Lessee shall reimburse Lessor for any increase in Lessor's real property tax that is atffibutable to Lessee's installation, As a condition of such reimbursement, Lessor shall provide Lessee with documentation from the taxing authority indicating such increase is a result of Lessee's installation. 1;3. Termination. This Lease Agreement may be terminated by Lessee, in its sole discretion, effective immediately without further liability by delivery of written notice thereof to Lessor prior to the Commencement Date for any reason resulting from Lessec's Due Diligence, or if a title report obtained by Lessee for Lessor's Real Property shows any defects of title or any liens or encumbrances which may adversely affect Lessec's use of the Premises for Lessee's intended use, or for any other or no reason. This Lease may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee, in its sole discretion, if it does not obtain licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities ("Permits"), is unable to obtain such Permits without Site No.NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 4 ofl5 conditions which are not standard or typical for premises where wireless communications facilities arc located or is unable to maintain such licenzes, permits or approvals despite reasonable afforts to do so; (iii) by Lessee, in its sole diec~tion, if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of frequencies; or (iv) by Lessee, upon 30 (thirty) days written notice if Lessee determines that the Premises are not appropriate or suitable for its operations for economic, environmental or technological. reasons, including, without limitation, signal strength or interference. Other than as stated herein, Lessor shall not have the right to terminate, revoke or cancel this Lease Agreement. 14. De~truetion of Premlee~. If the Premises or Lessor's Property is destroyed or damaged by no fault of Lessee, its agents or assigns, so as in Lessee's reasonable judgment to hinder its effective use of Lessor's Property for the ongoing operation of a wireless communications site, Lessee may elect to terminate this Lease Agreement without further liability of Lessee as of the date of the damage or destruction by so notifying Lessor no more than thirty (30) days following the date of damage or destruction. In such event, all fights and obligations of the parties which do not survive the termination of this Lease Agreement shall cease as of the date of the damage or destruction. 15. Condemnation. If a condemning authority takes all of Lessor's Real Property, or a portion which in Lessee's sole opinion is sufficient to render the Premises unsuitable for Lessee's ongoing operation of a wireless communications site, then this Lease Agreement shall terminate without further liability of Lessee as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for juat compensation recoverable under applicable condemnation law. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority. 16. Insurance. Lessee shall maintain tbe following insurance: (1) Commercial General Liability with limits of (2) Automobile Liability with a combined single limit of 4 accident, (3) Workers as required by law, end (4) Employer's Liability with limits of ~ J per occurrence. Lessee may satisfy the above insurance requirements through an umbrella Lessor, at Lessor's sole cost and expense, shall procure and maintain on the Property, bodily ' ' md property damage insurance with a combined single limit of at least~l~ Such insurance shall insure, on an occurrence basis, against liability of Lessor, its employees and agents arising out of or in connection with Lessor's use, occupancy and maintenance of the Property. Each party shall be named as an additional insured on the other's policy. Each party shall provide to the other a certificate of insurance evidencing the ¢overaga required by this paragraph within thirty (30) days of the Commencement Date. Each party waives any rights of recovery against the other for injury or loss due to hazards covered by their property insurance, and each party shall require such insurance policies to contain a waiver of recovery against the other. 17. Assi~,nments or Transfers. Lessor may assign or transfer this Lease Agreement to any person or entity without any requirement for prior approval by Lessee, provided that such assignee or transferee agrees in writing to fulfill the duties and obligations of the Lessor in said Lease Agreement, including the obligation to respect Lessee's rights to nondistorbance and quiet enjoyment of the Premises during the remainder of the Term end any Renewal Term hereof. Lessee may assign or transfer this Lease Agreement without prior approval by Lessor to any of Lessec's parmers, shareholders, members, Site Ne.NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 5 of 15 subsidiaries, or alTlliates, to any entity in which Lessee or any of its affiliates holds an ownership interest, or to a person or entity acquiring by purchase, merger or operation of law a majority of the value of the assets of Lessee or to any entity whose business is the ownership of telecommunication towers. Lessee shall not assign or transfer this Lense Agreement to any other person or entity without the prior written approval of Lessor, which approval shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the conUaty contained in this Asmement, Lessee may assign, mortgage,, pledge, hypothecate or othe*wise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Leasee (i) has obligations for borrowed money or . in respect of guaranties thereof, (ii) has obligations evidenced by loans, bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of gnm'antias thereof. 18. Subleases. Intentionally deleted. 19. Nondisturbanee and Ouiet Enjoyment: Subordination: Eston~el Certificates. (a) So long as Lessee is not in default under this Lease Agreement, Lessee shall be entitled to quiet enjoyment of the Premises during the term of this Lease Agreement or any Renewal Term, and Lessee shall not be disturbed in its occupancy and use oftbe Premises. (b) This Lease Agreement shall be subordinate to each and every deed of trust, mortgage or other security instrument which may now or hareai~er affect Lassor's Real Property and to any renewals, extensions, supplements, amendments, modifications or replacements thereof. In confirmation of such subordination, Lessee shall execute and deliver promptly any certificate of subordination that Lessor may reasonably request, provided that such certificate acknowledges that this Lease Agmemant remains in full force and effect, recognizes Lessec's right to nondisturbance and quiet enjoyment of the,Premises so long as _L~_.ssee is not in default under this Lease Agreement, only contains true and accurate ~a~ents and Lessee s,Jinbillty shall be capped at the remaining rent under this Lease Agreement. If any mortgagee or lender succeeds to Lessor's interest in Lessor's Real Property through a foreclosure proceeding or by a deed in lieu of foreclosure, Lessee shall attoro to and recognize such successor as Lessor under this Lease Agreement. (c) At any time upon not less than ten (10) days' prior written notice by Lessor, Lessee shall execute, acknowledge and deliver to Lessor or any other party specified by Lessor a statement in writing certifying that this Lease Agreement is in full force and effect, if true, and the status of any continuing defaults under this Lease Agreement. 20. Indemnifications. (a) Lessee's Indemnity. Lessee hereby agrees to indemnify and hold Lessor and Lessor's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors harmless from and against any and all losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) and injuries (including personal injuries or death) arising from or in connection with Lessee's use, operation, maintenance or repair of Lessee's Facilities at the Premises or access over Lessor's Real Property or Lessec's shared use of Lessor's easements for access to the Site No.NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 6 of 15 Premises, except those resulting from the negligence or willful misconduct of Lessor or Lessor's officers, directors, partners, shareholders, cmployeus, agents, ¢ontrscR)rs or subcontractors. (b) Le~or's Indemnity. Lesser hereby agrees to indemnify and hold Lessee and Lessee's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors harmless from and against any and all losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) end injuries (including personal injuries or death) arising from or in connection with Lessor's use, operation, maintenance or repair of improvements on Lessor's Real Property, the use of Lessor's Real Property by other tenants or lessees of Lessor Lessor's shared use of easements for access to Lessor's Real Property, any violation of governmental regulations relating to the Premises and any towers used by Lessee (including the lighting or painting for aviation pathways), except those resulting from the negligence or willful misconduct of Lessee or Lessee's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors. (e) Soeclal Damages. Notwithstanding any other provision of this Lease Agreement, neither perOd shall be liable to the other for consequential damages, damages for lost profits, exemplary or punitive damages or other special damages, whether in tort, contract or equity. (d) Survival of Indemnity Provisiona. The indemnity provisions of this section shall survive the expiration, cancellation or expiration of this Lease Agreement for a period of one (1) year and any claims for indemnification under this Section 20 shall be brought within that period 21. Hazardous Ma~erinla. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within the Lassor's Real Property in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within Lessor's Real Property in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third pat~ to use, generate, store or dispose of any Hazardous Material on, under, about or within Lessor's Real Property in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall rneen pe~oleum or any petroleum product, asbestos, any substance known by the state in which Lessor's Real Property is located to cause cancer and/or reproductive toxicity, end/or any substance, chemical or waste that is identified as baT~rdous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 22. Notices and Deliveries. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight delivery service to the address of the respective parties set forth below: ~essor: East Marion Fire District PO Box 131 Main Road East Marion, NY 11939 Site Nc. NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 7 of 15 With a copy to: Arm: Walter Gaipa, Secretary Telephone: (631) 477-0163 Facsimile: (631)4774310 Federal Taxpayer ID Number: Randall C. Weichbrodt, Esq. 436A Montauk Highway PO Box 3042 East Quogue, NY 11942 Telephone: (631) 653-6603 Facsimile: (631)653-6654 MetroPCS New York, LLC 5 Skyline Dr. Hawthorne, NY 10532 Attn: Property Manager With a copy to: MetroPCS New York, LLC 2250 Lakeside Blvd. Richardson, TX 75082 Attn: Property Manager Telephone: 214-265-2550 Facsimile: 866-457..4126 Lessor or Lessee may from time to time designate any other address for notices or deliveries by written notice to the other party. 23. Miscellaneous. (a) Severabilltv. If any provision of the Lease Agreement is held to be invalid or unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this Lease Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall not be affected, each provision of this Lease Agreement shall be valid and enforceable to the fullest extent permitted by law, and the parties shall negotiate in good faith to amend this Lease Agreement to retain the economic effect of the invalid or unenforceable provisions. (b) Bindia~ Effect. Each party represents and warrants that said party has full power and authority, and the person(s) executing this Lease Agreement have full power and authority, to execute and deliver this Lease Agreement, and that this Lease Agreement constitutes a valid and binding obligation of each party, enforceable in accordance with its terms, except as enforeeability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting the enforcement of creditor's rights generally and by general equitable principles (whether enforcement is sought in proceedings in equity or at law). This Lease Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. Site Ne. NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 8 of 15 (c) Waivers. No provision of thin Lease Agreement shall be deemed to have bean waived by a party unless the waiver is in writing and signed by the party against whom enforcement of the waiver is aRempted. No custom or practice which may develop between the partiez ~n tho implernentatiun or edm~nistratlon of the terms of this ~ Agreemant shall be construed to waive or lessen any right to insist upon strict performance of the terms of this Lease Agreement, (d) ~. This Lease shall be governed by and construed in accordance with the laws of the State in which the Premises are located excluding principles of conflicts of law. (e) Attorneys' Fees nnd Cos~. The prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorneys' fees and costs and court costs. (f) Survival Terms and conditions of this Lease Agreement which by their sense and context survive the termination, cancellation or expiration of this Lease Agreement will so survive. (g) Memorandum of Leuse Aoeeemeut Lessor acknowledges that a Memorandum of Lease Agreement substantially in the form annexed hereto as Exhibit C will be recorded by Lessee in the Official Records of the County where the Property is located. (h) Entire Anreament: Amundments. This Lease Agreement constitutes the entire agreement and understanding between the parties regarding Lessee's lease of tho Premises and supersedes all prior and contemporaneo,us offers, negotiations and other agreements concerning the subject matter contained herein. There am no representations or understandings of any kind not set forth herein. Any amendments to this Lease Agreement mus~ be in writing and executed by duly authorized representatives of both parties. (i) No Presumntiona Re~ardinn Prenaratiou of Leaae Agreement. The parties acknowledge and a~.o that each of the parties has been represented by counsel or has had full opportunity to consult with counsel and that each of the parties has participated in the negotiation and drafting of this Lease Agreement. Accordingly it is the intention and agreement of the parties that the language, terms and conditions of this Lease Agreement are not to be construed in any way against or in favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in connection with the preparation of this Lease Agreement. 0) Legal Fees. Lessee agrees to pay Lesoor's reasonable legal fees for the review of this Agreement and any ensuing amendments thereof in the amount not to exceed Two Thousand and No/100 Dollars ($2,000.00) upon reasonable proof of same. The effective date of this Lease Agreement is the date of execution by the last par~ to sign (the "Effective Date"). [SIGNATURE PAGE FOLLOWS] Site Ne. NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 9 of 15 IN WITNESS WHEREOF, tbo parties have caused this Lease Agreement to be executed by their duly authorized representatives on the dates set forth below and acknowledge that this Lease Agreement is effective as of the date first above written. LESSOR: The East Marion Fire District, a New York municipal corporation (Signature) PrintName: /'0 Vt '~, Title: ~lrt~/~ ~ o'~er By: Print Name: Title: Date: (Signature) LESSEE: MetroPCS N~ York, By I~ature Print Name: Title: Date: Dan Olmetti NY VP/GM Site Ne. NY7319 Site Address: 9245 Main Read, E~st Marion EXECUTION COPY 9.8.10 Page 10of15 EXIIIBIT A DESCRIPTION OF LESSOR'S REAL PROPERTY to the Lease Agreement dated ., 2010, by and between Tho East Marion Fire District, a New York municipal coq~oration, as Lessor, and MetroPCS New York, LLC, a Delaware limited liability company, as Lessee. Lessor's Property of which Premises are a part is described as follows: ALL sh~t ~ plot, piece or ~ of land, with the I~ildln~ and impro., em~ t~r~ er~. si~e. S~e of ~ York. b~ed ~d descr~d as ~oll~s: BEO~G a~ a po~n~ ~ ~e n~sCer~y 8~de of ~ SCats R~d d~s~anc 3~.42 [eec s~eo~rly f~ ~e comer [~ by seccl~ si ~e s~eo~Ely st~ of S~rs hd wi~ ~e nor~es~e~ly side o~ ~tn S~Ce R~d ~ oa~ po~ of beg~g being a~o s~esC c~ne= of ~a~ of ~ett~ a~ ~e ~rein described pre~ses ~ce~ec~s ~e sa~ no~sterly olde sE ~ S~te R~d; R~G ~ al~ ~ no~s~rly o~e of ~ 8~ate R~d S~ 52 de~es 37 ~u~s 00 s~ ~eoC 218.~ R~G ~E Noz~ ~8 de~e~ 27 m~utes fee~; R~G ~Z N~ 86 ~eeo ~ ~u~es ~eet; R~O ~E Sou~h 79 degrees 15 ~nuMa ~ee~; R~ ~E North 10 ~grees 36 R~ ~U S~ 80 degms 07 ~teo ~eeC; R~O ~CE ~r~ 10 ~es 52 m~es ~ee~; R~C ~ No,Ch 86 deg~es 28 m~uces 30 secmds Wes~ 5~.83 ~ee~; R~ ~E S~ 85 dashes 39 ainU,S ~0 secmde WeG~ 467..~9 fee~ to ~e ~uzerXy si~ of R~ Po~ R~ ~ al~ ~e e~e~ly s~de of R~ky Po~ de~es 05 ~cem 20 seco~8 NGB~ ~.60 feet; -c~t~d- Site No. NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8. I 0 $O seconds West 220.87 50 seconds West 20.50 O0 seconds West ~89.22 50 seconds West 999.20 &O seconds West 172,80 ~0 seconds West 977.96 LO aecondo West 268.56 40 seoonds ~esc ~270.~0 Page Il of 15 1000-31-3-11.31 D esc rf.pc~.ou R1JI~HX]~G ~K Sm~dm 88 de~es 16 ~tes 20 8~ds ~c ~eeC; ~ee~; R~G ~K S~ 80 de~ees 56 ~s ~0 sec~ ~or ~0,65 ~eeC; R~G ~E S~ LG ~8~ee8 21 u~Ceo ~ seconds ~nc 2766,09 ~eeC; * ' R~ ~g s~ 77 ~g~eo 03 ~ces 20 sec~do ~esr R~G ~E S~Cb ~2 de~ees ~ ~nu~8 30 se~ds ~sC ~2.63 ~eoC Co ~ u~a~Ly s~e o~ ~ S~ce Road Co ~e po~C ~ pl~e o~ Assessors Parcel Number: 1000-31-3- l 1.31 Site No. NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 12 of 15 EXHIBIT B DESCRIPTION OF PREMISES to the Lease Agreement dated ,2010, by and between The East Marion Fire District, a New York municipal corporation, as Lessor, and MetroPCS New York LLC, a Delaware limited liability company, as Lessee. The Premises consist of those specific areas described/shown below or attached where Lessee's communications antennan, equipment and cablas occupy Lesser's Real Property. The Premises and the associated utility connections and access, including easements, ingress, egress, dimensions, and locations as describe~shown, are approximate only and may be adjusted or changed by Lessea at the time of construction to reasonably accommodate sound engineering criteria and the physical features of Lessor's Real Property. SEE ATTACHED DRAWINGS (~4 final drawing or copy of a property survey or site plan depicting the above shall replace this Exhibit B when initialed by £essor or Lessor's designated agent and may be modified from time to time when initialed by both £essor and Lessee.) Site No.NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 13 of 15 : ] DESIGN~ GROUP-~ LE-I (~ ELEYATION EQUIPMENT PLAN DESIGN~ GR. OUP- LE-3 EXHIBIT C MEMORANDU~ OF AGREEMENT CLERK: Please return this document to: MetroPCS New York, LLC 5 Skyline Drive Hawthorne, NY 10532 Atm.: Property Manager This Memorandum of Agreement is entered into on this day of , , by and between East Marion Fire District, a New York municipal corporation with an off]ce at PO Box 131, Main Rd, East Marion, NY 11939 (hereinal~t referred to as "Lessor"), and MetroPCS New York, LLC, a Delaware limited liability company, with an office at 5 Skyline Drive, Hawthorne. NY 10532 (hereinafter referred to as "Lessee"). L Lessor and Lessee entered into a Communications Site Lease Agreement ["Agreement"] on the day of , , for the purpose of installing, operating and maintaining n communications facility and other improvements. All of the foregoing is set forth in the Agreement. The term of the Agreement is for five (5) years commencing on the date Lessge begins construction of L~ssee Facilities, or twelve (12) months from full execution of the Lease Agreement whichever firet occu~ ("Commencement Date") and terminating firth (5a) anniversary of the Commencement Date, four (4) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and yant first above written. LESSOR: LESSEE: East Marion Fire District, a New York municipal corporation MeI~oPCS New York, LLC, a Delaware limited liability company By: By: Name: Name: Title: Title: Date: Dat.: Title: Date: Site No.NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 14 of 15 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacit(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the p~rson(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized eapacit(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public Site No. NY7319 Site Address: 9245 Main Road, East Marion EXECUTION COPY 9.8.10 Page 15 of 15 4 Green~, NY ~1944 whed~leathe 14th dasd J&nua:¥ .eMtNnlmPdmlud n~netg.aeven Bait Marion rtta 0littler, a Nun£e~pa~ Corpotat£on ex£at~ng pu;auant ~.~7 d Lhl llmnd Fap. f~led ~n t~e Oettce or ehe Cle~'k o~ the County of Suffolk on July ~5, Handel by deed dated ~2/28/B~ recorded ~2/31/8~ t~ L~bet 9t22 cF 4G5, E:x~c~to~, I~:~ate'o~ Xe~bez'~: R. Mandel,Oec'd slid I*IbKfiI~nl wilneos, w~l p~.iI~ I~I mw TO ~illl~m }1. Price, Z~q. P.o. Box 2065 1836~. 5c~1 ~ ~_~ SUFFOI K Ps~r s~e u R ~ R ~ I , Suffolk Count~ Recordini & Endo~e~ent Pa{~ (SP~OFY T~ OF tN~uME~ I TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the application of proposal of MetroPCS New York, LLC For Approval to collocate public utility wireless telecommunications antennas on an existing monopole and install related equipment at the premises ("Premises"): 9245 Main Road East Marion, New York Section 31, Block 3, Lot 11.31 [MetroPCS Site No. NY 7319] STATE OF NEW YORK ) ~J.~Tc~i~s~ ) ss.: COUNTY OF ~,J-~ ) AFFIDAVIT OF RADIO FREQUENCY ENGINEER NICHOLAS BALZANO, being duly sworn, deposes and says: 1. I am a radio frequency engineer for MetroPCS New York, LLC (hereinafter "MetroPCS"). As a radio frequency engineer, I am trained to identify service deficiencies in MetroPCS wireless telecommunications network and to evaluate the ability of proposed antenna sites to remedy these service deficiencies. MetroPCS is in the process of establishing a wireless telecommunications network in Suffolk County. l am fully familiar with MetroPCS' wireless telecommunications network in Suffolk County. 2. I submit this affidavit in support of MetroPCS' application for approval to install a wireless telecommunications facility at the Premises. Pursuant to this application, MetroPCS requests approval to affix public utility wireless telecommunications antennas within an existing monopole and install related equipment on the ground as depicted in the plans submitted herewith. 3. MetroPCS is considered a public utility for zoning purposes under the laws of the State of New York and is licensed by the Federal Communications Commission to serve the public within Suffolk County and throughout much of the United States. MetroPCS strives to provide reliable service throughout its licensed coverage area. 4. MetroPCS is in the process of establishing a wireless telecommunications network throughout Suffolk County. The proposed facility will allow MetroPCS to provide reliable coverage in the vicinity of the proposed site. Unreliable service can represent an inconvenience to users of MetroPCS' services and can have serious consequences during times of emergency or disaster. 5. In order to understand why the proposed antenna site is needed, it is necessary to understand how MetroPCS' system works from an engineering standpoint. MetroPCS' wireless telecommunications system is designed so that low powered base stations are strategically located at determined distances apart and at predetermined heights. Due to such factors as hills, valleys, trees, buildings, and other physical obstructions and due to the nature of radio waves, each coverage area or "cell" is irregularly shaped. With sufficient signal strength from each base station, the MetroPCS user can reliably transmit, receive or maintain voice or data connections. The sites am ordinarily engineered to cover a limited area so that an antenna facility will cover only the area surrounding it but will not interfere with other sites in the system. 6. MetroPCS has established design criteria so that its wireless network will provide reliable wireless service to its customers, whether those customers are on the street, in a vehicle, or in a building. Providing reliable service to MetroPCS' customers within vehicles and buildings is critical for MetroPCS to provide the quality of wireless service that customers demand and successfully compete with other wireless providers. 7. To meet customer demands and expectations, MetroPCS strives to provide In-Vehicle (or In-Car) coverage and In-Building coverage. These coverage levels represent the minimum signal strength and reliability of service needed to transmit, receive or maintain a voice or data connection at the mobile handset as the environment changes. 8. MetroPCS has reliable In-Vehicle coverage when a customer can place or receive a call within a vehicle successfully across 95% of a site's coverage area. In-Vehicle coverage generally results in unreliable in-building coverage. Since the signal level is stronger closer to the antenna site than further away from the antenna site, there will be some coverage within buildings close to the site. 9. MetroPCS has reliable In-Building Residential coverage when a MetroPCS customer can place or receive a call while in a building that is three stories or less in height successfully across 95% of the site's coverage area. This type of coverage will typically provide reliable coverage over the majority of the cell coverage area; however in some areas, and specifically at the outer geographic boundaries of the cell site's coverage area, coverage will be restricted and will likely lead to customers dissatisfaction if customers try to place or receive a call inside a windowless room, cellars or emergency shelters. 10. MetroPCS has reliable In-Building Commercial overage when a MetroPCS customer can place or receive a call while in a building that is greater than three stories in height successfully across 95% of the site's coverage area. In-Building Commercial coverage is targeted for urban residential centers and business districts with high-rise buildings, and suburban business centers. Coverage issues may still occur in hard to serve locations such as within elevators and parking structures. 11. To provide these levels of coverage, MetroPCS has scientifically determined the strength of the wireless signal ("signal strength") necessary to provide these levels of coverage. Because wireless signals are attenuated (i.e. degraded or partially blocked) by obstructions such as trees, automobile windows, automobile sheet metal, and building materials such as wood, brick and metal, a wireless signal must be of sufficient strength in the ambient environment (i.e. outside with no obstructions) to reliably penetrate into automobiles and buildings. 12. Wireless signal strength is measured on a logarithmic power scale referenced to 1 milli- watt of power. Signal strength levels less than 1 milli-watt being negative. The smaller the negative dBm number, the stronger the signal. For example, -75dBm is a stronger signal level than -85dBm. An ambient signal level of-95dBm would provide reliable In-Vehicle coverage on MetroPCS' system. MetroPCS' system requires an ambient signal level of-85dBm to provide reliable In-Building Residential coverage, and an ambient signal level of-75dBm to provide reliable In-Building Commercial coverage. These signal level requirements provide the basis for MetroPCS' design criteria. 13. MetroPCS' design criteria for wireless facilities serving an area are based upon providing 95% reliable signal over a site's coverage area to ensure reliable service for customers. This standard reflects a business judgment that 100% reliability is an unrealistic goal at this time due to financial, technical and environmental constraints. A 95% level of reliability is consistent with the level of service provided by MetroPCS' competitors and is the standard in the industry. Providing service at this level allows MetroPCS to satisfy customers' demands and compete on an equal footing with competitors serving the market. 14. To achieve the 95% reliable design goal, MetroPCS conducts extensive analysis based upon MetroPCS' technology and the area served. 15. In order to eliminate the service deficiency in a particular area, MetroPCS performs signal propagation studies to determine the height and location of the needed cell site. Based on its studies, MetroPCS determined that an antenna facility would have to be established within a narrowly defined search area in order to remedy the service gap in question. In this case, we determined that the installation of the proposed facility will allow MetroPCS to provide reliable service in the vicinity of the Premises. 16. The proposed antennas must be affixed at least as high as those depicted on the plans submitted herewith in order to ensure that reliable service can be afforded to MetroPCS users in the vicinity of the site. The location and height of the antennas is determined by some or all of the following factors: availability of existing structures, willingness of property owners to enter into leases, drive test data, location of existing antenna sites in the area, topography in the surrounding area, land cover features in the area such as buildings and foliage, and the results provided by computer propagation software that enables radio frequency engineers to predict the anticipated signal propagation at a given height and location. 17. In order to illustrate the effect that the proposed site would have on coverage in its vicinity, propagation maps have been prepared demonstrating the different coverage levels summarized above. The maps depict the areas presently enjoying reliable service in the vicinity, and the area to be served by the proposed site. As the maps indicate, the proposed facility is of vital importance to MetroPCS' efforts to provide reliable service to the area in question. Unless this application is granted, MetroPCS will be unable to provide reliable service in the vicinity of the Premises. 18. The antennas proposed will not interfere with radio or television service or public safety telecommunications in the surrounding area. Sworn to before me this //~tt, day of November, 2010. NOTARY PUBLIC ~r. PUSI.iC, Sta~e or Ou~l~ 0'LA0027870 TOWN OF SOLrI~OLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the Matter of the Application of MctroPCS New York, LLC : : At the premises: 9245 Main Road East Marion, New York Section 31, Block 3, Lot 11.31 AUTHORIZATION OF OWNER STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) ~/0 a/~' ~: /~' C ,q-rd i( , being duly sworn, deposes and says: lam~e ~'~,~,l,~q~ 0/ fA-- ~-,~/ ofEastMarionFireDistrict, ownerin fee of the premises known as Section 31, Block 3, Lot 11.31 (the "Premises" hereaiter), and do hereby authorize MetroPCS New York, LLC ("MetroPCS") and its representatives to bring such applications for municipal approvals as may be necessary for constructing or installing on the Premises such antennas, support structures, and related equipment as MctroPCS may require for the establishment of its public utility wireless telecommunication facility. As such, I will fully cooperate with MetroPCS and its agents in obtaining any required Approvals. EAST MARION FIRE DISTRICT By: Sworn to before me this MA~A THOMAS Notoi'y Public Sto~e Of New York No. 4838837 Commission Expires Mc~y 3], .Pinnacle Telecom Group Professional and Technical Se~/ice$ Antenna Site FCC RF Compliance Assessment and Report MetroPCS Site NY7319 9245 Main Road East Marion, NY December 9, 2010 14 Ridgedale Avenue - SuiTe 209 · Cedar Knolls, NJ 07927 ° 973.451.1630 CONTENTS Introduction and Summary Antenna and TransMission Data Mathematical Compliance Analysis Compliance Conclusion Certification 3 5 7 11 12 Appendix A. Background on the FCC; MPE Limit Appendix B. Summary of Expert Oualifications Introduction and Summary At the request of MetroPCS, Pinnacle Telecom Group has performed an independent expert assessment of radiofrequency (RF) levels and related FCC compliance for a wireless base station antenna operation to be added to an existing monopole at 9245 Main Road in East Marion, NY. MetroPCS refers to the site by the code "NY7319", and its operation involves directional panel antennas arranged for sectorized service coverage transmitting in the 2100 MHz frequency band. The FCC requires all wireless operators to perform an assessment of the RF fields emanating from all the transmitting antennas at a site whenever antenna operations are added or modified, and to ensure compliance with the Maximum Permissible Exposure (MPE) limit in the FCC regulations. In this case, the compliance assessment needs to include the RF effects of other existing and previously proposed antenna operations at the site - by AT&T, T-Mobile, and the East Marion Fire District. Note that FCC regulations require any future antenna collocator to specifically assess and assure continuing FCC compliance based on the overall RF effects of all proposed and then-existing antennas at the site. This report describes a mathematical analysis of compliance with the FCC MPE limit for safe continuous exposure of the general public. The RF effects of the antennas are calculated using a standard FCC formula - and the analysis is designed to conservatively overstate the RF levels that actually occur from the antennas. In that way, though, as long as the results indicate RF levels below the MPE limit, we can have great confidence the compliance requirement is satisfied. The results of a compliance assessment such as this can be described in layman's terms by expressing the calculated RF levels as simple percentages of the FCC MPE limit. If the reference for that limit is 100 percent, then calculated RF levels higher than 100 percent indicate the MPE limit is exceeded and there is a need to mitigate the potential exposure, while calculated RF levels lower than 100 percent indicate compliance with the limit. We can (and will) also 3 describe the worst-case result via the "plain-English" equivalent "times-below- the-limit" factor. The result of the FCC compliance assessment in this case is as follows: r~ The conservatively calculated maximum RF level from the combination of antenna operations at this site is 3.9182 percent of the FCC MPE limit - well below the 100-percent reference for compliance. In other words, the worst-case calculated RF level is more than 25 times below the limit established as safe for continuous human exposure to the RF emissions from antennas. a The results of the calculations provide clear demonstration that the RF levels from the combination of antenna operations will be in clear compliance with the FCC MPE limit. Moreover, because of the conservative methodology and assumptions we incorporated in the analysis, the RF levels actually caused by the antennas are even less significant than these calculation results indicate. The remainder of this report provides the following: relevant technical data on the MetroPCS antenna operation at the site, as well as on the other antenna operations included in the compliance assessment; a a description of the FCC model for assessing MPE compliance, and application of the relevant technical data to that model; and [] analysis of the results, and the compliance conclusion for the antenna site. In addition, two Appendices are included. Appendix A provides background on the FCC MPE limit along with a list of key FCC references on compliance. Appendix B provides a summary of the qualifications of the expert certifying FCC compliance for this site. Antenna and Transmission Data The table below summarizes the relevant teChniCal data for the proposed MetroPC$ antenna operation. Technical Data - MetroPCS Frequency Band 2100 M Hz Service Coverage Type Sectorized Antenna Model Andrew HBX-6516DS-VTM Antenna Maximum Gain 18.0 dBi Antenna Centerline Height AGL 77 ft. RF Channels per Sector 7 (max.) Transmitter Power / RF Channel 24 watts (max.) Antenna Line Loss Conservatively, i~nored lassumed 0 dB/ The antenna vertical-plane emission pattern is used in the calculations of RF levels at ground level around a site, as it is a key determinant of the relative amount of RF emissions in the "downward" direction. Figure 1 on the next page show the vertical-plane emission pattern of the antenna model proposed here by MetroPCS. Note that in this type of antenna emission pattern diagram, the antenna is effectively pointed at the three o'clock position (the horizon) and the relative strength of the pattern at different angles is described using decibel units. Note, too, that the use of a decibel scale to describe the relative pattern at different angles incidentally serves to significantly understate the actual focusing effects of the antenna. Where the antenna pattern reads 20 dB, for example, the relative RF energy emitted at the corresponding downward angle is 1/100th of the maximum that occurs in the main beam (at 0 degrees); at the 30 dB point, it is 1/1,000th of the maximum. 5 Figure 1. Andrew HBX-6516DS-VTM Antenna -Vertical-plane Emission Pattern 0 deg hodzon 5 dB / division As noted at the outset, there are existing antenna operations to include in the compliance assessment. For each of the cellular carriers, we will conservatively assume operation with maximum channel capacity and at maximum transmitter power. For the Fire District operations, we will rely on the parameters in the respective FCC licenses. AT&T is licensed to operate in both the 850 and 1900 MHz frequency bands. In the 850 MHz band, AT&T uses as many as nine RF channels per antenna sector and a maximum transmitter power of 20 watts. In the 1900 MHz band, AT&T uses as many as three RF channels per antenna sector, with a maximum of 16 watts of transmitter power per channel. T-Mobile (also known as Omnipoint) is licensed to operate in the 1900 MHz and 2100 MHz frequency bands. In the 1900 MHz band, T-Mobile uses a maximum of eight RF channels in each antenna sector, with a maximum transmitter power of 20 watts per channel. In the 2100 MHz band, T-Mobile uses two channels per sector, with a maximum of 40 watts of transmitter power per channel. FCC records show the East Marion Fire District is licensed for omnidirectional transmission in the 46 MHz and 453 MHz bands. In the 46 MHz band, the maximum authorized transmitter power is 30 watts, and in the 453 MHz band the maximum transmitter power is 50 watts. Compliance Analysis FCC Office of Engineering and Technology Bulletin 65 ("OET Bulletin 65") provides guidelines for mathematical models to calculate the RF levels at various points around transmitting antennas. At street-level around an antenna site (in what is called the "far field" of the antennas), the RF levels are directly proportional to the total antenna input power and the relative antenna gain in the downward direction of interest - and the levels are otherwise inversely proportional to the square of the straight-line distance to the antenna. Conservative calculations also assume the potential RF exposure is enhanced by reflection of the RF energy from the ground. Our calculations will assume a 100% "perfect" reflection, the worst-case approach. The FCC's formula for street-level compliance assessment for any given wireless antenna operation is as follows: MPE% = (100 * TxPower * 10 (G,n~<-vdi~o) , 4 ) / ( MPE * 4~ * R2 ) where MPE% = 100 = TxPower = 10 (Gmax-Vdisc/1 O) __ RF level, expressed as a percentage of the MPE limit applicable to continuous exposure of the general public factor to convert the raw result to a percentage maximum net power into antenna sector, in milliwatts, a function of the number of channels per sector, the transmitter power per channel, and line loss numeric equivalent of the relative antenna gain in the downward direction of interest; data on the antenna vertical-plane pattern is taken from manufacturer specifications MPE = R = factor to account for a 100-percent-efficient energy reflection from the ground, and the squared relationship between RF field strength and power density (22 = 4) FCC general population MPE limit straight-line distance from the RF source to the point of interest, centimeters The MPE% calculations are performed out to a distance of 500 feet from the facility to points 6.5 feet (approximately two meters, the FCC-recommended standing height) off the ground, as illustrated in Figure 2 below. height from antenna bottom to 6.5' above ground level antenna 0 · 500 Ground DistanceDffom~e site Figure 2. MPE% Calculation Geometry It is popularly understood that the farther away one is from an antenna, the lower the RF level - which is generally but not universally correct. The results of MPE% calculations fairly close to the site will reflect the variations in the vertical- plane antenna pattern as well as the variation in straight-line distance to the antennas. Therefore, RF levels may actually increase slightly with increasing distance within the range of zero to 500 feet from the site. As the distance approaches 500 feet and beyond, though, the antenna pattern factor becomes less significant, the RF levels become primarily distance-controlled, and as a result the RF levels generally decrease with increasing distance, and are well understood to be in compliance. FCC compliance for a collocated antenna site is assessed in the following manner. At each distance point along the ground, an MPE% calculation is made for each antenna operation, and the sum of the individual MPE% contributions at each point is compared to 100 percent, the normalized reference for compliance with the MPE limit. We refer to the sum of the individual MPE% contributions as "total MPE%", and any calculated total MPE% result exceeding 100 percent is, by definition, higher than the FCC limit and represents non-compliance and a need to mitigate the potential exposure. If all results are consistently below 100 percent, on the other hand, that set of results serves as a clear and sufficient demonstration of compliance with the MPE limit. Note that according to the FCC, when directional antennas and sectorized coverage arrangements are used, the compliance assessments are based on the RF effect of a single (facing) sector, as the RF effects of directional antennas facing generally away ara insignificant. The following conservative methodology and assumptions are incorporated into the MPE% calculations on a general basis: 1. The antennas are assumed to be operating continuously at maximum power and maximum channel capacity. 2. The power-attenuation effects of shadowing or other obstructions to the line-of-sight path from the antenna to the point of interest are ignored. 3. The calculations intentionally minimize the distance factor (R) by assuming a 6'6" human and performing the calculations from the bottom (rather than the centerline) of each operator's lowest-mounted antenna, as applicable. 4. The potential RF exposure at ground level is assumed to be 100-percent enhanced (increased) via a "perfect" field reflection from the ground itself. The net result of these assumptions is to significantly overstate the calculated RF exposure levels relative to the levels that will actually occur - and the purpose of this conservatism is to allow very "safe-side" conclusions about compliance. The table below provides the results of the MPE% calculations for each operator, with the worst-case (maximum) result highlighted in bold in the last column. Ground MetroPCS AT&TS T-Mobile East Marion Total Distance (fi) MPE% MPE% MPE% Fire Distr. MPE% MPE% 0 0.0079 0.0031 0.0088 0.0048 0.0246 20 0.0073 0.0056 0.0086 3.8967 3.9182 40 0.0071 0.0100 0.0120 2.8561 2.8852 60 0.0044 0.0457 0.0048 1.6931 1.7480 80 0.0547 0.0130 0.0037 1.0372 1.1086 100 1.0688 0.0397 0.4715 0.6741 2.2541 120 0.2606 0.2172 0.5128 0.4898 1.4804 140 0.0250 0.3349 0.0919 0.3752 0.8270 160 0.0365 0.1309 0.0129 0.3062 0.4865 180 0.0440 0.0078 0.0110 0.2683 0.3311 200 0.1067 0.0044 0.0233 0.2331 0.3675 220 0.0989 0.0077 0.0522 0.2092 0.3680 240 0.0365 0.0239 0.0389 0.1944 0.2937 260 0.0108 0.0564 0.0172 0.1862 0.2706 280 0.0165 0.0597 0.0098 0.1698 0.2558 300 0.0461 0.0504 0.0234 0.1568 0.2767 320 0.0408 0.0325 0.0514 0.1535 0.2782 340 0.0634 0.0161 0.0791 0.1436 0.3022 360 0.0671 0.0117 0.0709 0.1288 0.2785 380 0.0605 0.0237 0.0783 0.1222 0.2847 400 0.0389 0.0468 0.0568 0.1152 0.2577 420 0.0354 0.0427 0.0517 0.1093 0.2391 440 0.0078 0.0619 0.0190 0.0999 0.1886 460 0.0072 0.0569 0.0174 0.0970 0.1785 480 0.0066 0.0607 0.0160 0.0893 0.1726 500 0.0035 0.0561 0.0062 0.0850 0.1508 As indicated, the conservatively calculated worst-case result at street level is 3.9182 percent of the FCC MPE limit. A graph of the calculation results, shown on the following page, perhaps provides a clearer visual illustration of the relative insignificance of the calculated RF levels. As might be expected with such Iow calculated RF levels, the line representing the results barely rises above the graph's zero baseline, and shows an obviously clear and consistent margin to the FCC MPE limit. lo 120 100 ~. 80 a° 60 ~ 40 ~ 20 0 COMPLIANCEASSESSMENT RESULTS Normalized FCC MPE Limit · Total MPE% Results 0 100 200 300 400 500 Distance (ft) CompliancE Conclusion According to the FCC, the MPE limit has been constructed in such a manner that continuous human exposure to RF emissions up to and including 100 percent of the MPE limit is acceptable and completely safe. As described, the analysis in this case shows that the conservatively calculated maximum RF level from the combination of antenna operations at the site is 3.9182 percent of the FCC MPE limit. In other words, the worst-case calculated RF level is more than 25 times below the limit established as safe for continuous human exposure to the RF emissions from antennas. The results of the calculations provide a clear demonstration of compliance with the FCC MPE limit. Moreover, because of the conservative calculation methodology and operational assumptions we applied in the analysis, RF levels actually caused by the antennas will be even less significant than the calculation results here indicate. 11 CERTificATiON It is the policy of Pinnacle Telecom Group that all FCC RF compliance assessments are reviewed, approved, and signed by the firm's Chief Technical Officer, who certifies as follows: 1. I have read and fully understand the FCC regulations concerning RF safety and the control of human exposure to RF fields (47 CFR 1.1301 etseq). 2. To the best of my knowledge, the statements and information disclosed in this report are true, complete and accurate. 3. The analysis of site RF compliance provided herein is consistent with the applicable FCC regulations, additional guidelines issued by the FCC, and industry practice. 4. The results of the analysis indicate that the antenna emissions at the subject site will be in compliance with the FCC regulations concerning RF exposure. Chief Technical Officer Pinnacle Telecom Group, LLC 1219110 Date 12 AppEndix A. B ckqRou d ON TIlE FCC MPE liMiT FCC Rules and Regulations As directed by the Telecommunications Act of 1996, the FCC has established limits for maximum continuous human exposure to RF fields. The FCC maximum permissible exposure (MPE) limits represent the consensus of federal agencies and independent experts responsible for RF safety matters. Those agencies include the National Council on Radiation Protection and Measurements (NCRP), the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the American National Standards Institute (ANSI), the Environmental Protection Agency (EPA), and the Food and Drug Administration (FDA). In formulating its guidelines, the FCC also considered input from the public and technical community - notably the Institute of Electrical and Electronics Engineers (IEEE), The FCC's RF exposure guidelines are incorporated in Section 1.301 et seq of its Rules and Regulations (47 CFR 1.1301-1.1310). Those guidelines specify MPE limits for both occupational and general population exposure. The specified continuous exposure MPE limits are based on known variation of human body susceptibility in different frequency ranges, and a Specific Absorption Rate (SAR) of 4 wafts per kilogram, which is universally considered to accurately represent human capacity to dissipate incident RF energy (in the form of heat). The occupational MPE guidelines incorporate a safety factor of 10 or greater with respect to RF levels known to represent a health hazard, and an additional safety factor of five is applied to the MPE limits for general population exposure. Thus, the general population MPE limit has a built-in safety factor of more than 50. The limits were constructed to appropriately protect humans of both sexes and all ages and sizes and under all conditions - and continuous exposure at levels equal to or below the applicable MPE limits is considered to result in no adverse health effects or even health risk. The reason for two tiers of MPE limits is based on an understanding and assumption that members of the general public are unlikely to have had appropriate RF safety training and may not be aware of the exposures they receive; occupational exposure in controlled environments, on the other hand, is assumed to involve individuals who have had such training, are aware of the exposures, and know how to maintain a safe personal work environment. The FCC's RF exposure limits are expressed in two equivalent forms, using alternative units of field strength (expressed in volts per meter, or V/m), and power density (expressed in milliwatts per square centimeter, or mW/cm2). The table on the next page lists the FCC limits for both occupational and general population exposures, using the mW/cm2 reference, for the different radio frequency ranges. 13 Frequency Range (F) Occupational Exposure General Public Exposure (MHz) ( mW/cra2 ) ( mWIcm2) 0.3 - 1.34 100 100 1.34 - 3.0 100 180 / F2 3.0 - 30 900 / F2 180 / F2 30 - 300 1.0 0.2 300 - 1,500 F / 300 F / 1500 1,500- 100,000 5.0 1.0 The diagram below provides a graphical illustration of both the FCC's occupational and general population MPE limits. Power Density (mW/cm2) 100 5.0 1.0 0.2 Occupational ......... General Public 0.3 1.34 3.0 30 300 1,500 Frequency (MHz) 100,000 Because the FCC's RF exposure limits are frequency-shaped, the exact MPE limits applicable to the instant situation depend on the frequency range used by the systems of interest. 14 The most appropriate method of determining RF compliance is to calculate the RF power density attributable to a particular system and compare that to the MPE limit applicable to the operating frequency in question. The result is usually expressed as a percentage of the M PE limit. For potential exposure from multiple systems, the respective percentages of the MPE limits are added, and the total percentage compared to 100 (percent of the limit). If the result is less than 100, the total exposure is in compliance; if it is more than 100, exposure mitigation measures are necessary to achieve compliance. FCC References on RF Compliance 47 CFR, FCC Rules and Regulations, Part 1 (Practice and Procedure), Section 1.1310 (Radiofrequency radiation exposure limits). FCC Second Memorandum Opinion and Order and Notice of Proposed Rulemaking (FCC 97-303), In the Matter of Procedures for Reviewing Requests for Relief From State and Local Regulations Pursuant to Section 332(c)(7)(B)(v) of the Communications Act of 1934 (W-I- Docket 97-192), Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (ET Docket 93-62), and Petition for Rulemaking of the Cellular Telecommunications Industry Association Concerning Amendment of the Commission's Rules to Preempt State and Local Regulation of Commercial Mobile Radio Service Transmitting Facilities, released August 25, 1997. FCC First Memorandum Opinion and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released December 24, 1996. FCC Report and Order, ET Docket 93-62, In the Matter of Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, released August 1, 1996. FCC Office of Engineering and Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", Edition 97-01, August 1997. FCC Office of Engineering and Technology (OET) Bulletin 56, "Questions and Answers About Biological Effects and Potential Hazards of RF Radiation", edition 4, August 1999. 15 Appendix B. Summary of Expert Qualifications Daniel J. Collins, Chief Technical Officer, Pinnacle Telecom Group, LLC Synopsis: · 38 years of experience in all aspects of wireless system engineering, related regulation, and RF exposure · Has performed or led RF exposure compliance assessments on more than 12,000 antenna sites since the new FCC rules went into effect in 1997 · Has provided testimony as an RF compliance expert more than 1,200 times since 1997 · Accepted as an expert in New York, New Jersey, Connecticut, Pennsylvania and more than 40 other states, as well as b the FCC Education: · B.E.E., City College of New York (Sch. Of Eng.), 1971 · M.B.A., 1982, Fairleigh Dickinson University, 1982 · Bronx High School of Science, 1966 Current Responsibilities: · Leads all PTG staff work involving RF safety and FCC compliance, microwave and satellite system engineering, and consulting on wireless technology and regulation Prior Experience: · Edwards & Kelcey, VP - RF Engineering and Chief Information Technology Officer, 1996-99 · Bellcore, Executive Director- Regulation and Public Policy, 1983-96 · AT&T (Corp. HQ), Director - Spectrum Management Policy and Practice, 1977-83 · AT&T Long Lines, Group Supervisor - Microwave Radio System Design, 1972-77 Specific RF Safety/ · Involved in RF exposure matters since 1972 Compliance Experience: · Have had lead corporate responsibility for RF safety and compliance at AT&T, Bellcore, Edwards & Kelcey, and PTG · VVhile at AT&T, helped develop the mathematical models later adopted by the FCC for predicting RF exposure · Have been relied on for compliance by all major wireless carriers, as well as by the federal government, several state and local governments, equipment manufacturers, system integrators, and other consulting / engineering firms Other Background: · Author, Microwave System Engineering (AT&T, 1974) · Co-author and executive editor, A Guide to New Technologies and Services (Bellcore, 1993) · National Spectrum Managers Association (NSMA) - former three-term President and Chairman of the Board of Directors; was founding member, twice-elected Vice President, a long-time member of the Board of Directors, and was named an NSMA Fellow in 1991 · Listed in Who's Who in the Media and Communication and International Who's Who in Information Technology : · Published m.o? than 35 articles in industp/ma.qazines 16 Federal Communications Commission Wireless Telecommunications Bureau Radio Station Authorization LICENSEE NAME: Mat~oPCS AWS. LLC FCC Registration Number (FRN) 0015005598 Call Sign File Number Radio Service Grant Date i~ 29 2006 Effective Date Expiration Date Print Date 11-30-2006 Market Number C~lannel Block ,i Sub-Market Designator 4th Build-out Date i st Build-out Date 2nd Build-out Date 3rd Build-out Date SPECIAL CONDITIONS OR WAIVERSJCONDITIONS Condilions: rPursuant to Section 309(h) of the Communications Act of 1934, as amended, 47 LLS.C. Section 309(h), this license is subject 1o I i the following conditions: This license shall not vest in the licensee an,/ right to operate the slation nor any right in the use of the frequ,e, ncies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the liaenoe nor the right granted thereunder shall be assigned or ofherwke transferred n v e a on of the Communications Act of 1934. as amended. See 47 U.S.C Section 310(d). This license is subject in terms to the right of use or control conferred by '.action 706 of the Communications Act of 1934, as amended. See 47 U.S.C. Section 606. ,: ~o view the geographic areas cssocialed with the license, go to the Universal Licensing Systern (ULS) homepage at ' ibc.:, wireless fcc.,;ov/uls and reject "License .~..arch . Follow the instr,.lctionx on how fo search for license informafivm Call Sign File Number Print Date 0002773870 ~ I -30-2006 Special Conditions or Waivers/Conditions FCC 601 - MB at&t Glynn Walker AT&T Mobility 5405 Windward Pkwy Alpharetta, GA 30004 (770) 708-6122 GPD ASSOCIATES Kevin Clements 12600 Deerfield Pkwy; Suite 2039 Alpharetta, GA 30004 (678) 762-3305 kclements@gpdgrou p.com GPD# 2010284.81 September 2, 2010 STRUCTURAL ANALYSIS REPORT AT&T DESIGNATION: Site USID: Site FA: Site Name: AT&T Project: 48290 10107550 EAST MARION MeIroPCS Tower Only Extension 11-11-09 METRO PCS DESIGNATION: Site Name: Site Number: East Marion FD NY7319 ANALYSIS CRITERIA: Codes: TIA/EIA-222oF & 2003 IBC 85-mph with 0" ice 74-mph with 1/2" ice SITE DATA: 9245 Main Road, East Marion, NY 11939, Suffolk County Latitude 41° 7' 40.188" N, Longitude 72° 20' 29.148" W 109' PennSummit Flagpole Mr. Walker, GPD is pleased to submit this Structural Analysis Report to determine the structural integrity of the aforementioned tower. The purpose of the analysis is to determine the suitability of the tower with the addition of the following proposed loading configuration: Elev. 77' (3) Andrew HBX-6516DS-VTM Antennas inside an existing Stealth Canister w/(6) 1-5/8~ internal coax Based on our analysis we have determined the designs of the tower and its foundation are sufficient for the proposed, existing, and reserved loadings as referenced in Appendix A. We at GPD appreciate the opportunity of providing our continuing professional services to you and AT&T. If you have any questions please do not hesitate to call. Respectfully submitted, 4 ~'~_~.~ David B. Granger, P.E. ,,~, ,~__, j/o~J New York #: 071387-1 520 South Main Street. Suite 2531 . Akron, Ohio 44311 . 330-572-2100. Fax 330-572-2101 . w~vw. GPDGroup.com Glaus Pyle Schomer Burns and DeHaven, Inc Akron. Atlanta. Cleveland. Columbus. Indianapolis. Seattle. Youngstown 109 Ft Flagpole - Structural Evaluation AT&T USID: 48290 SUMMARY & RESULTS The purpose of this analysis was to verify whether the existing structure is capable of carrying the proposed loading configuration as specified by Metro PCS to AT&T. This report was commissioned by Mr. Glynn Walker of AT&T. Two foundation designs were available. Because the as-built design was not available, both were analyzed and the controlling capacity is shown. No flange connection information was available or provided for this report. Therefore, the capacity of the connection could not be verified. If the connection was designed for the capacity of the adjacent sections then it can be assumed to be adequate. A tower mapping would be required to verify the flange connection. TOWER SUMMARY AND RESULTS Member Capacity Results Monopole 35.9% Pass Anchor Rods 53.1% Pass Base Plate 71.5% Pass Foundation I 39.1% I Pass ANALYSIS METHOD RISA Tower (Version 5.4.2.0), a commercially available software program, was used to create a three-dimensional model of the tower and calculate primary member stresses for various dead, live, wind, and ice load cases. Selected output from the analysis is included in Appendix B. The following table details the information provided to complete this structural analysis. This analysis is solely based on this information and is being completed without the benefit of a detailed site visit. DOCUMENTS PROVIDED Document Remarks Source Preliminary Tower Summary Metro PCS Co-location document Siterra Site Lease Application Metro PCS Application, dated 8/27/10 Siterra Tower Design PJF Job #: 29207-0158, dated 11/16/07 Siterra Foundation Design PJF Job #: 29207-0158~ dated 1/3/08 Siterra Previous Structural Analysis GPD Proiect #: 20102§4.07~ dated §/23/10 Siterra 9/2/2010 Page 2 of 4 109 Ft Flagpole- Structural Evaluation AT&T USID: 48290 ASSUMPTIONS This structural analysis is based on the theoretical capacity of the members and is not a condition assessment of the tower. This analysis is from information supplied, and therefore, its results am based on and are as accurate as that supplied data. GPD has made no independent determination, nor is it required to, of its accuracy. The following assumptions were made for this structural analysis. 1. The tower shaft sizes and shape are considered accurate as supplied. The material grade is as per data supplied and/or as assumed and as stated in the materials section. 2. The antenna configuration is as supplied and/or as modeled in the analysis. It is assumed to be complete and accurate. All antennas, mounts, coax and waveguides are assumed to be properly installed and supported as per manufacturer requirements 3. Some assumptions are made regarding antennas and mount sizes and their projected areas based on best interpretation of data supplied and of best knowledge of antenna type and industry practice. 4. All mounts. If applicable, are considered adequate to support the loading. No actual analysis of the mount(s) is performed. This analysis is limited to analyzing the tower only. 5. The soil parameters are as per data supplied or as assumed and stated in the calculations. If no data is available, the foundation system is not verified. 6. The tower and structures have been properly maintained in accordance with TIA Standards and/or with manufacturer's specifications. 7. All welds and connections are assumed to develop at least the member capacity, unless determined otherwise and explicitly stated in this report. 8. All existing loading was obtained from the previous analysis by GPD Project #: 2010284.07 dated 8/23/10, site photos, and the provided preliminary tower summary and is assumed to be accurate. 9. All proposed coax shall be installed internal to the flagpole. 10. Foundations are properly designed and constructed to resist the original design loads indicated in the documents provided. 11. Loading interpreted from photos is accurate to + 5' AG L, antenna size accurate to + 3.3 sf, and coax equal to the number of existing antennas without reserve. 12. Two foundation designs were available. Because the as-built design was not available, both were analyzed and the controlling capacity is shown. If any of these assumptions are not valid or have been made in error, this analysis may be affected, and GPD Associates should be allowed to review any new information to determine its effect on the structural integrity of the tower. 9/2/2010 Page3of4 109 Ft Flagpole - Structural Evaluation ^T&T USID: 48290 DISCLAIMER OF WARRANTIES GPD ASSOCIATES has not performed a site visit to the tower to verify the member sizes or antenna/coax loading. If the existing conditions are not as represented on the tower elevation contained in this report, we should be contacted immediately to evaluate the significance of the discrepancy. This is not a condition assessment of the tower or foundation. This report does not replace a full tower inspection. The tower and foundations are assumed to have been properly fabricated, erected, maintained, in good condition, twist free, and plumb. The engineering services rendered by GPD ASSOCIATES in connection with this Structural Analysis are limited to a computer analysis of the tower structure and theoretical capacity of its main structural members. All tower components have been assumed to only resist dead loads when no other loads are applied. No allowance was made for any damaged, bent, missing, loose, or rusted members (above and below ground). No allowance was made for loose bolts or cracked welds. GPD ASSOCIATES does not analyze the fabrication of the structure (including welding). It is not possible to have all the very detailed information needed to perform a thorough analysis of every structural sub-component and connection of an existing tower. GPD ASSOCIATES provides a limited scope of service in that we cannot verify the adequacy of every weld, plate connection detail, etc. The purpose of this report is to assess the feasibility of adding appurtenances usually accompanied by transmission lines to the structure. It is the owner's responsibility to determine the amount of ice accumulation, if any, that should be considered in the structural analysis. The attached sketches are a schematic representation of the analyzed tower. If any material is fabricated from these sketches, the contractor shall be responsible for field verifying the existing conditions, proper fit, and clearance in the field. Any mentions of structural modifications are reasonable estimates and should not be used as a precise construction document. Precise modification drawings are obtainable from GPD ASSOCIATES, but are beyond the scope of this report. Miscellaneous items such as antenna mounts, etc., have not been designed or detailed as a part of our work. We recommend that material of adequate size and strength be purchased from a reputable tower manufacturer. GPD ASSOCIATES makes no warranties, expressed and/or implied, in connection with this report and disclaims any liability arising from material, fabrication, and erection of this tower. GPD ASSOCIATES will not be responsible whatsoever for, or on account of, consequential or incidental damages sustained by any person, firm, or organization as a result of any data or conclusions contained in this report. The maximum liability of GPD ASSOCIATES pursuant to this report will be limited to the total fee received for preparation of this report. 9/2/2010 ?age4of4 109 I:t Flaspole- Structural Evaluation AT&T USID: 48290 APPENDIX A Tower Analysis Summary Form 9/2/2010 Tower Analysis Summary Form 9/2/2010 GPD FJ~osum Categ~/(B, C, D) Type 109 Ft Flagpole ~ Structural Evaluation AT&T USID: 48290 APPENDIX B EISA Tower Output File 9/2/2010 RISA Tower Job Page 48290 EAST MARION 1 of 4 GPD Group Project Date 520 South Main St. 2010284.81 10:34:03 09/02/10 Akron, 0H44311 Client Designed by ?~one: $.;0-.~72-,~100 AT&T Mobility FAX.. 330-572-2102 Irife Tower Input Data There is a pole section. This tower is designed using thc TIA/EIA-222-F standard. The following design criteria apply: Tower is located in Suffolk County, New York. Basic wind speed of 85 mph. Nominal ice thickness of 0.5000 in. Ice density of 56 pcf. A wind speed of 74 mph is used in combination with ice. Temperatare drop of 50 °F. Deflections calculated using a wind speed of 50 mph. A non-linear (P-delta) analysis was used. Pressures are calculated at each section. Stress ratio used in pole design is 1.333. Local bending stresses due to climbing loads, feedline supports, and appurtenance mounts are not considered. Feed Line/Linear Appurtenances - Entered As Area DescripSon Face dllow Component Placement Total C~A~ Weight or Shield Type Number LDF4-50A (1/2 FOAM) A No Inside Pole 109.00 - 8.00 I No Ice 0.00 0.15 1/2" Ice 0,00 0.15 LDF6-50A (1-1/4 A No Inside Polo 107.00 - 8.00 12 No Ice 0.00 0.66 FOAM) 1/2" Ice 0.00 0,66 LDF6-50A (1-1/4 B No Inside Pole 97.00 - 8.00 6 No Ice 0.00 0.66 FOAM) 1/2" Ice 0.00 0.66 LDF6-50A (1-1/4 B No Inside Pole 93.00 - 8.00 6 No Ice 0.00 0.66 FOAM) lr2" Ice 0.00 0.66 LDF5-50A (7/8 FOAM) C No Inside Pole 87.00 - 8.00 12 No Icc 0,00 0.33 l/2" Icc 0,00 0.33 LDF7-50A (1-5/8 A No Inside Pole 77.00 - 8.00 6 No Ice 0.00 0.82 FOAM) 1/2" Ice 0.00 0.82 LDF5-50A (7/8 FOAM) A No Inside Pole 67.00 - 8.00 6 No Ice 0.00 0.33 1/2" lee 0.00 0.33 LDF4-50A (1/2 FOAM) A No Inside Pole 30.00 - 8.00 4 No Ice 0.00 0.15 1/2" Ice 0.00 0.15 Discrete Tower Loads Desoqption Pace Offset Offsets: Azimuth Placement C~A~ Cad~ F/eight or Type Horz Adjustment Front Side Leg Lateral Vert 6' Omni C None 0.0000 112.00 No Ice 1.77 1.77 25,00 1/2" Ice 2.13 2.13 38.24 40'x 30" Stealth Canister C None 0,0000 89.00 No Ice 42.19 42.19 3920.00 1/2" Ice 42.19 42.19 4646.62 800 10121 w/mount pipe A From Leg 0.50 30.0000 107.00 No Ice 0.00 0.00 70.00 0.00 1/2" Ice 0.00 0.00 114.27 0.00 RIS 4 Tower Job Pag, 48290 EAST MARION 2 of 4 (~PD (~ro~ Project Date $20 ~o.th Mai. St. 2010284.81 10:34:03 09/0~10 De~c~8on Face ~et ~e~: ~muth Pl~t CM~ CM~ ~eight 0.00 I~" I~ 0.00 0.00 114.27 0.00 8~ ]0121 w/mo~t pipe C From ~g 0.50 30.0000 107.00 No Ice 0.00 0.00 70.~ 0.00 1~" Ice 0.00 0,00 114.27 0.00 0.00 1~" Ice 0.00 0.00 26.53 0.00 0.00 1~" Ice 0.00 0.00 26.53 0.00 (2) E~Ig0G-12~ C From ~g 0.50 30.0000 107.00 No Ico 0.00 0.00 20.ffi 0.00 1~" Ice 0.00 0.00 26.53 0.00 0.00 DSX065X13M~0 w/mo~t B From Face 0.50 -3.~0 97.~ No Icc 0,00 0.00 60.~ pipe 0.00 1~" Ice 0,00 0.00 110.19 0.00 pipe 0.00 1~" lce 0.00 0.00 110.19 0.00 CM1003-L?gH1721 A From Fa~ 0.50 2.0~0 97.~ No Ice 0.00 0.00 3.00 0.00 1~" Ice 0.00 0.00 5.20 0.00 CMi003-L?gH1721 B From Face 0.50 -3.~0 97,~ No Ice 0,O0 0.00 3.00 0.00 1 ~" Ice 0.00 0.00 5.20 0.00 0.00 1~" Ice 0.00 0.00 5.20 0.00 pipe 0.00 1~" Ice 0.00 0.00 62.34 0.00 pi~ 0.00 1~" Ice 0.00 0.00 62.34 0.00 pipe 0.00 1~" Ice 0.00 0.00 62.34 0.00 0.00 1 ~" I~ 0.00 0.00 5.20 0.00 C~1003-L?gH1721 g From Fa~ 0.50 -3.ffi00 93.~ Nolc¢ 0.00 0.00 3.00 0.00 1 ~" Ice 0.00 0.00 5.20 0.00 CMI003-L79Hl~l C From Fa~ 0.50 10.~0 93.ffi No ]~ 0.00 0.00 3.00 0.00 1~" Ee 0.00 0.00 5.20 Mo~t ~pe 0.00 1~" Ice 0.00 0.00 121 .~ RlS.4 Tower Job P,oo 48290 EAST MARION 3 of 4 ~P~ ~ro~p ProJoct D~ 520 ~th Main St. 20102~.81 10:34:03 09/0~10 ~, 0H44~11 Client Designed by or Type Ho~ Adjustment Front Side Leg Lateral Fen fi fl ftz f~ lb TMBXX-6516-R2M w/ C From Leg 0.50 30.0000 90.00 No Ice 0.O0 0.00 60.00 Mount Pipe 0.00 1/2" Ice 0.00 0.00 121.44 -3.00 ETWlg0VS12UB A From Leg 0.50 30.0000 90.00 No Ice 0.00 0.00 10.00 0.00 1/2" Ice 0.00 0.00 15.82 ETWl90VS12UB B From Leg 0.50 30.0000 90.00 No Ice 0.00 0.00 10.00 0.00 1/2" Ice 0.00 0.00 15.82 -3.00 ETWIg0vsI2UB C From Leg 0.50 30.0000 90.00 No Ice 0.00 0.00 10.00 0.00 I/2" Ice 0.00 0.00 15.82 -3.00 ATMAA1412D-1A20 A From Leg 0.50 30.0000 90.00 No Ice 0.00 0.00 10.00 0.00 1/2" Ice 0.00 0.00 20.62 ATMAAI412D-1A20 B From Leg 0.50 30,0000 90.00 No Ice 0.00 0.00 10.00 0.00 1/2" Ice 0.00 0.00 20.62 ATMAAI412D-IA20 C From Leg 0.50 30.0000 90.00 No Ice 0.00 0.00 10.00 0.00 1/2" Ice 0.00 0.00 20.62 -3.00 HBX-6516DS-VTM w/ A From F~me 0.50 30.0000 77.00 No Ice 0.00 0.00 30.00 mount pipe 0.00 1/2" Ice 0.00 0.00 58.62 0.00 IlBX-6516DS-VTM w/ B From Face 0.50 30.0000 77.00 No Ice 0.00 0.00 30.00 mount pipe 0.00 1/2" Ice 0.00 0.00 58.62 0.00 ItBX-6516DS-VTM w/ C From Face 0.50 30.0000 77.00 No Ice 0.00 0.00 30.00 mount pipe 0.00 1/2" Ice 0.00 0.00 58.62 0.00 2' Standoff A From Leg 1.00 0.0000 67.00 No Ice 1.36 1.36 20.00 0.00 1/2" Ice 2.45 2.45 40.00 0.00 2' Standoff B From Leg 1.00 0.0000 67.00 No Ice 1.36 1.36 20.00 0.00 1/2" Ice 2.45 2.45 40.00 0.00 2' Standoff C From Leg 1.00 0.0000 67.00 No Ice 1.36 1.36 20.00 0.00 1/2" Ice 2.45 2.45 40.00 0.00 800 10121 A From Leg 2.00 0.0000 67.00 No Ice 5.46 3.29 46.00 0.00 1/2" Ice 5.88 3.64 78.91 0.00 800 10121 B From Leg 2.00 0.0000 67.00 No Ice 5.46 3.29 46.00 0.00 1/2" Ice 5.88 3.64 78.91 0.00 800 10121 C From Leg 2.00 0.0000 67.00 No Ice 5.46 3.29 46.00 0.00 1/2" ~e 5.88 3.64 78.91 0.00 4' Standoff (4" sq. pipe) B From Face 1.73 30.0000 30.00 No Ice 0.13 1.83 20.00 1.00 1/2" Ice 0.20 2.00 26.00 0.00 4' Standoff (4" sq. pipe) C From LeS 1.73 30.0000 30.00 No Ice 0.13 1.83 20.00 1.00 1/2" Ice 0.20 2.00 26.00 0.00 2.5" x 10' Omni B From Face 3.46 30,0000 30.00 No Ice 2.50 2.50 20.00 2.00 1/2" Ice 3.53 3.53 38.64 5.00 RISA Tower .,g, 48290 EAST MARION 4 of 4 GPD Gn~up .reject Date 520 ~tn Main St. 2010284.81 10:34:03 09/0~10 A~n, OH 44 ~11 Client ~slgn~ by ~o.~.. SSO-SZ;-;/~ AT&T Mobility Irife F~: 330-572-2102 Desoqption Face Offset Leg 2.5" x 10' Omni C From L~g 7' Dipole B From Fac~ 2.5" x 10' Omni C From Log Horz ddju~tment Front Side Lateral Vert fl fl ft~ ft~ lb 3.46 30.0000 30.00 No Ice 2.50 2.50 20.00 2.00 1/2" Ice 3.53 3.53 38.64 5.00 3.46 30.0000 30.00 Nolce 1.40 1.40 15.00 2.00 1/2" Ice 2.13 2.13 25.92 -3.50 3A6 30.0000 30.00 No Ice 2.50 2.50 20.00 2.00 1/2" lce 3.53 3.53 38.64 Critical Deflections and Radius of Curvature - Service Wind Elevation Appurtenance Gev, Deflection Tilt Twist Radiu~ of Load Curvature fl Comb. in 112.00 33 9.986 0,9217 0.0001 14921 107.00 33 9.567 0.8830 0.0001 14921 97.00 33 7.515 0.6963 0.0001 6217 93.00 33 6.739 0.6285 0.0001 4662 90.00 33 6.184 0.5816 0.0001 3926 89.00 33 6.005 0.5668 0.0001 3730 77.00 33 4.152 0.4350 0.0001 2331 67.00 33 3.143 0.4049 0.0001 9294 30.00 33 0.688 0.2098 0.0001 7679 6' Omni 800 10121 w/motmt pip~ DSX065X13M000 w/mount pipe BXA-70063/4CF w/mount pipe TMBXX-6516-R2M w/Mount Pipe 40' x 30" Stealth Canister HBX-6516DS-VTM w/mount pipe 2' Standoff 4' Standoff (4" s~. Fipe) Section Capacity Table Section Elevation Component Size Critical No. fl Type Element lb lb Capacity Fail LI 109 - 70 Pole TP8xSxl.25 L2 70 - 69 Pole TP30x8xl.25 L3 69 - 18 Pole TP37.14x30x0.2188 LA 18 - 0 Pole TP39.223x36.0375x0.25 1 -8929.97 1378028.68 31.0 Pass 2 -8934.42 1378028.68 31.0 Pass 3 -14359.80 1249810.08 30.9 Pass 4 -17514.90 1580844.62 35.9 Pass Summary Pole (LA) 35.9 Pass RATING = 35.9 Pass 109 Et Flagpole- Structural Evaluation AT&T USID: 48290 APPENDIX C Tower Elevation Drawing 9/2/2010 ! DESIGNED APPURTENANCE LOADING IYPE ELEVA11ONI TYPE ! ELEVAllON MATERIAL STRENGTH ~P~OEI F~ i F. I ~RAOE I Fy I F. TOWER DESIGN NOTES 1. Tower Is located In Suffolk County, New York. 2. Tower designed for a 85 mph basic wind in accordance with the TtNEIA-222-F Standard. 3. Tower is a~so designed for a 74 mph basic wind with 0.50 in ice. AXIAL GPD Group ~"~ 48290 EAST MARION 520 South Main St.I~'* 2ofo~a4.a/ Akron, OH44311 Ia~' AT&TMOblli~I .ho..: 330-~72-2100 I~'~ TLa'/EIA'222-FID"~09/02/l~ FAX: 330-~72-2102 Ir'"~: .:~=.-~a~4aa.. Feedlina Distribution Chart O' - 109' Face A Face B Face C (;P~) Grou~) ~ 48290 EAST MARION I 520 Sou~ Ma n St I~s~ I Akron OH~311 I~AT&TM~i~ ~[~e ~d: Ph~e:~72-21~ I~: T~E~2~[D~I~~: NTSl Feedllne Plan ~__ (12)/DF5~D(7/8 FOA~ 109 Ft Flagpole - Structural Evaluation ^T&T USID: 48290 APPENDIX D Anchor Rod & Base Plate Analysis 9/2/2010 GPD ASSOCIAI*E S Anchor Rod and Base Plate Stresses 48290 EAST MARION 2010284.81 Overturning Moment =1 440'771k*fl I Axial Force = 17.52 k I I Shear Force = 7.84 k I Acceptable Stress Ratio =1105.0%1 Anchor Rode Pole Diameter = 39.223 in Number of Rods = 4 Type = U~et Rod Rod Yield Strength (Fy) = 75 ksi ASIF = 1.333 Rod Circle = 4,9 in Rod Diameter = 2.25 in Net Tensile Area = 3.25 in2 Max Tension on Rod = 103.45 kips Max Compression on Rod = 112.21 kips Allow. Rod Force = 195.00 kips Anchor Rod Capacit~ = 53.1% OK Base Plate Plate Strength (Fy) = 50 ksi Plate Thickness = 2 ~n Plate Width = 44 ~n Est. Dist. bhv ea. Rod = 0 in w~ = 29.369 ~n Wr~ = 23.002 ~n w = 23.00 in S = 15.33 in3 fb = 35.77 ksi Fb = 50 ksi Base Plate Capacit~ = 71.5% OK GPD Unsfiffened Square Base Plate Sf~ess (Rev F) - V2.07 ~09 Ft Flagpole- Strudural Evaluation AT&T USID: 48290 APPENDIX E Foundation Analysis 9/2/2010 GPO ASSOCIATES I Client AT&T Mobility Site ID: 48290 Site Name: EAST MARION Loca0on: Suffolk County, NY Loading Type: Wind CAISSON ANALYSIS WORKSHEET ~ Job No.: 2010284.81 Sheet No: 1 Of Made By: LR Date: Chk'd By: Date: Code: F FOUNDATION DATA Diameter = 6 ft Len~h = 19 ft Rebar Size = #11 #of bars = 16 Tie Size = #5 Clear Cover = 4 inches Edge to Bar Center = 5.33 inches f'c = 3 ksi RISA Reactions {Servlce} Moment = 440.77 ft-k Axial = 17,52 kips Shear = 7.84 kips LPILE TYPE 2 ANALYSIS FOR REINFORCING CAPACITY Mn = 44463.54 in-k Mn = 3705.30 ft~k Load Factor = 1.3 ~ (Sexum) = o.g ~ln/LF = 2565.20 ft-k MOMENT FROM CaMSSON PROGRAM USING ADJUSTED S.F. AND ACTUAL CAISSON i.~N{~;'TH Moment = 524.1 ft-k (max. moment along caisson) REINFORCING STEEL CAPACITY Moment from Caisson 524.10 ft-k Capacity = ~Mn/LF 2565.20 ft-k SOIL CAPAOTY FROM CAISSON PROGRAM USING ADDmONAL SAFETY FACTORS ADDITIONAL SAFETY FACTOR FROM CAISSON = 5.12 = ~0.4% O.K. Capacity = Safety Factor of 2 Additional Sa f~-,ty Factor 2.00 = 39.1% O.K. 5,12 1 9/2/2010 CAISSON Version 4.46 Thu Sep 02 10:41:03 2010 U.W. Short Course - 1998 * PIER FOUNDATIONS ANALYSIS AND DESIGN - (C) 1995, POWER LINE SYSTEMS, INC.* *** ANALYSIS IDENTIFICATION : 48290 EAST MARION NOTES : 2010284.81 *** PIER PROPERTIES CONCRETE STRENGTH (ksi) = 3.00 STEEL STRENGTH (ksi) = 60.00 DIAMETER (ft) = 6.000 DISTANCE FROM TOP OF PIER TO GROUND LEVEL (ft) = 0.50 *** SOIL PROPERTIES LAYER TYPE THICKNESS DEPTH AT TOP OF LAYER DENSITY CU KP PHI (ft) (ft) (pcf) (psf) (degrees) 1 C 3.00 0.00 100.0 0.0 2 S 30.00 3.00 100.0 3.000 30.00 *** DESIGN (FACTORED) LOADS AT TOP OF PIER MOMENT (ft-k) = 440.8 VERTICAL (k) = 17.5 SHEAR (k) = ADDITIONAL SAFETY FACTOR AGAINST SOIL FAILURE = 5.12 7.8 *** CALCULATED PIER LENGTH (ft) 19.000 *** CHECK OF SOILS PROPERTIES AND ULTIMATE RESISTING FORCES ALONG PIER TYPE TOP OF LAYER BELOW TOP OF PIER THICKNESS DENSITY CU KP FORCE ARM (ft) (ft) (pcf) (psf) (k) (ft) C 0.50 3.00 100.0 0.0 0.00 2.00 S 3.50 10.53 100.0 3.000 470.31 9.89 S 14.03 4.97 100.0 3.000 -429.46 16.65 *** SHEAR AND MOMENTS ALONG PIER DISTANCE BELOW TOP OF PIER WITH THE ADDITIONAL SAFETY FACTOR WITHOUT ADDITIONAL SAFETY FACTOR (ft) SHEAR {k) MOMENT (ft-k) SHEAR (k) 0.00 40.9 2499.1 8.0 1.90 40.9 2576.8 8.0 3.80 35.7 2653.6 7.0 5.70 -7.9 2683.2 -1.5 7.60 -71.0 2611.4 -13.9 9.50 -153.5 2401.2 -30.0 11.40 -255.6 2015.6 -49.9 13.30 -377.2 1417.5 -73.7 15.20 -340.6 671.9 -66.5 17.10 -180.1 174.1 -35.2 19.00 -0.0 -0.0 -0.0 MOMENT (ft-k) 488.1 503.3 518.3 524.1 510.0 469.0 393.7 276.8 131.2 34.0 -0.0 *** TOTAL REINFORCEMENT PCT = 0.30 REINFORCEMENT AREA (in^2) = 12.21 U.W. Short Course - 1998 Page 1/2 USABLE AXIAL CAP. (k) = 17.5 USABLE MOMENT CAP. (ft-k) - 1653.6 *** US Standard Re-Bars (Select one of the following): 62 BARS ~4 AREA = 0.20 in^2 DIA = 0.500 in) AT SPACING (in) = 40 BARS ~5 28 BARS ~6 21 BARS ~7 16 BARS ~8 13 BARS ~9 10 BARS #10 8 BARS #11 6 BARS 914 AREA = 0.31 in^2 AREA - 0.44 in^2 AREA = 0.60 in^2 AREA = 0.79 in^2 AREA - 1.00 in^2 AREA = 1.27 in^2 AREA = 1.56 in^2 AREA = 2.25 in^2 3.14 DIA = 0,625 in) AT SPACING (in) = 4.87 DIA 0.750 in) AT SPACING (in) = 6.96 DIA = 0.875 in) AT SPACING (in) = 9.28 DIA = 1.000 in) AT SPACING (in) = 12.17 DIA = 1.128 in) AT SPACING (in) = 14.98 DIA = 1.270 in) AT SPACING (in) = 19.48 DIA = 1.410 in) AT SPACING (in) = 24.35 DIA = 1.693 in) AT SPACING (in) = 32.46 *** PRESSURE UNDER CAISSON DUE TO DESIGN AXIAL LOAD (psf) = 619.6 U.W. Short Course - 1998 Page 2/2 · " Aeronautical Study No. 20I 0-AEA-4660-0E Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Mcacham Blvd. Fort \¥'orth, TX 76137-0520 I,:,ucd [)ate: t2/13/2010 M;nc I [arris II ['( ~ Development, LLC :,2 (Jarden Ave. \\ harton, NJ 07885 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** Ihc Federal Aviation Administration has conducted an aeronautical study undcr the provisions of 49 U.S.C., ~cction 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Lucation: Latitude: I_ongitude: l leighls: Autenna- Side Monnt NY7319 I lawthorne, NY 41-07-41.88N NAD 83 72-20-28.66W 119 feet above ground lcvcl (AGL) 148 feet above mean sea level (AMSL) '1 hi-~ aeronautical study revealed that the slructurc docs not exceed obstructiou standards and would not be a hazard lo air navigatiou provided the lk)llowing condition(s), if any, is(are) met: I~a,ccd cm this cvalualion, marking and lighting arc not necessary fbr aviation sal'cty. Howcvcr, if marking amlor lightiug arc accomplished on a voluntary basis, we recommend it be instal]cd and maintained in accordance with FAA Advisory circnlar 70/7460-I K Change 2. ]tis dclcrmination is based, in part, on the Ibrcgoing description which inclndcs specific coordinatcs, heights, Ii equeucy(ics) and power. Any changes in coordinates, heights, and frcqucncies or use of grcatcr power will oki Ihis dcterminalion. Any future constrtlction or alteration, includiug increase to heights, power, or the ~ddilion of other transmitters, requires separate notice ltl thc FAA. ['hi~ determiuation does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed thc nverall heights as mdicalcd above. Equipment which has a height greater than the studied structure requires separate notice to the [his dctcrminalion coucerns thc effect of this strncturc on thc safe and cfi'icicnt usc of navigable airspace h> zdrcrali and docs not relieve the sponsor of compliance responsibilities rclating to any law, ordinance, or ]c?lation of any Federal, State, or local government body. aeronautical study iuclnded evaluation cfa structure thal exists at this time. Action will bc taken to ensure acrtmautical charls are updated to reflect the most current coordinalcs, elevation and height tls indicated in the descriptkm. Page I of 3 /\ ,~,opy ul'this dctcrminatiou will be forwarded to the Federal Communications Commission (FCC) because the slmcmrc is sul2jcct to their licensing authority. can be of further assistance, please contact our officc at (718) 553-4542. On any fltture corrcspondcncc con,corning this matter, plcasc rcfcr to Aeronautical Study Number 2010-AEA-4660-OE. 5;ignaturc Control No: 133340364-134304979 I~:llic Yenticmqac 5[>ccialist (DNE) \llachmcnt(s) ]:l Ct]/ICllCy Data \eroNav Services w/map Page 2 of 3 Frequency Data for ASN 2010-AEA-4660-OE LOW FREQUENCY HIGH FREQUENCY FREQUENCY UNIT ERP ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 M Hz 500 W ~-;69 894 M Hz 500 W ~96 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 Mltz 1000 W 940 941 M}tz 3500 W 1730 1740 MHz 61 dBm 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2130 2140 MHz 61 dBm 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 3 of 3 Transportation Land Development Environmental Services VHB Engineering, Surveying and Landscape Architecture, PC. J Affiliated with Vanasse Hangen Brustlin, Inc. December 23, 2010 VIA ELECTRONIC MAIL Ref: 28097.12 Mr. Richard Mohr metroPCS New York, LLC 5 Skyline Drive Hawthorne, New York 10532 Re: IN'EPA Land Use Evaluation Proposed Public Utility Wireless Communications Facility metroPCS New York, LLC East Marion Fire Department 9245 Main Road Hamlet of East Marion, Town of Southold Suffolk County, New York Project Number: NY 7319 Dear Mr. Mohr: Pursuant to your request, VHB Engineering, Surveying and Landscape Architecture, P.C. reviewed the proposed project for the purpose of obtaining clearance from the New York State Office of Parks, Recreation and Historic Preservation ('OPRI4P"), pursuant to Title 47, Chapter I, Part I, Subpart I, Section 1.1307 (a)(4). However, as the facility is proposed to be collocated within an existing concealment monopole, the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (hereinafter the "Collocation Agreement") was consulted to determine if the proposed project required review. The Collocation Agreement indicates that the collocatinn of antennas on towers constructed after March 16, 2001 does not require review set forth in Subpart B of 36 CFR Part 800, tmless: 1. The Section 106 review process for the tower set forth in 36 CFR Part 800 and any associated tmvironmental reviews required by the FCC have not been completed; or 2. The mounting of the new antenna will result in a substantial increase in the size of the tozoer as defined in Stipulation L C, of the Nationwide Programmatic Agre~tent; or The tower as built or proposed has been determined by the FCC to have an effect on one or more historic properties, unless such effect has been found to be not adverse through a no adverse effl~ct finding, or if found to be adverse or potentially adverse, has been resolved, such as through a 2150 joshua's Path, Suite 300 Hauppauge, New York 11788 631,234.-~.~.~. · FAX 631,234,3477 email: Mfo@vhb.co~ www. vhb.com Mr. Richa~ Mohr Project No.: 28097.12 December23,2010 Page 2 conditional no adverse effect determirtalion, a Memorandum of Agreement, a programmatic agreement, or otherwise in compliance with Section 106 and Subpar! B of 36 CFR Part 800; or The collocation licensee or the owner of the tozoer has received zoritten or electronic notification that the FCC is in receipt of a complaint from a member of the public, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properiies~ Any such complaint must be in zoriting amt supported by substantial evidence describing how the ef~bcl from lhe collocation is adverse to the attributes that qualijhd any affected historic f~roperty fvr eligibility or potential eligibility for the National Register. As the project herein involves tire installatiou of antennas withh~ an existing concealment monopole and the installation of ground-based equipment proximate thereto, which does not meet the aforementioned criteria, the Collocation Agreement is applicable. As such, it may be concluded that tee proposed project is excluded from review. If you have any questions regarding the content of this report, please contact our office at your convenience. Sincerely, VHB ENGINEERING, SURVEYING and LANDSCAPE ARCHITECTURE, P.C. Katie Sheridan Project Plam~er KS/Ira CC: A. Romanelli, via electronic mail C. Schaaf, via electronic mail J:\28097.12 metroPCS NY7319\ProjRecords\Fh~a Docs\NY7319 NEPA Exclusion 12 23 10doc ~wH ACOUSTICAL CONSULTING, INC. 312 We=t 51st Street New Yod(, NY 10019 Phone 212-246-6727 Fax 212-246-3142 Emall:Jo~Jrhac.com March 16, 2011 Mr. Pat Mostyn MTM Design Group, Inc. 670 N. Beers St., Bldg 1 Suite 140 Holmdel, N.] 07733 Re: Metro PCS Site [D # NY7319 Equipment Acoustical Analysis 3RHAC 3ob #2696 Dear Pat: in response to your request, we have reviewed the Construction Documents (rev. 3, 12/7/2010,) and equipment acousUcal data for the cellular communicaUon equipment site ID# NY7319 proposed for a location at 9245 Main Road, East Marion, NY. The Sound-emitting, battery backup cabinets, CDMA cabinet, and LTE equipment cabinet will be located on grade and surrounded by a 6 ft. high chainlink fence. The property abuts residential properties to the north, west, and southeast. To evaluate the acoustical impact of this equipment at these property line locations for comparison to the municipality's governing noise ordinance, we analyzed both manufacturer-supplied and field- measured data for the proposed equipment. This repor[ summarizes our findings and comments regarding the acoustical impact at all adjacent property lines. A. Town of Southold Noise Ordinance The village of East Marion is located in the Town of Southold. The Town's new noise provision 280-703(5), requires that noise from base station equipment, including any backup generator, must measure less than 45 dB(A) at all adjacent property lines. B. Analysis of Proposed Sound Emitting Equipment The proposed fadlity consists of a total of four sound emil:ring cabinets. This group includes one telephone equipment cabinet (Ericsson RBS 6101), two battery backup cabinets, (Alcatel Lucent EZBFo), and one CDMA cabinet (Lucent ModCell 4.0/4.0B). The equipment cabinets were evaluated for their acousUcal impact at the nearest residential property line locations. A plan showing the setback distance from the compound to the nearest property line locations is provided in Appendix A. The following sound data was either provided by the equipment manufacturer, or was recently field-measured at other Metro PCS base station locations. Each Battery backup cabinet (Field-measured) ................................... 61 dB(A) at 3 feet all sides CDMA cabinet (Lucent Medcell 4.0/4.0B) ................ 59 dB(A) at 5 feet from Front (Manufacturer's data) .............................. 65 dB(A) at 5 feet from Back Telephone equipment cabinet (Ericsson RBS 6101) ........ 61 dB(A) at 3 feet from Front (Field Measured) ................................. 54 dB(A) at 3 feet from Back MTM Design Group, Inc. Re: Metro PCS Site ID # NY7319 March 20, 2011 Page 2 In the calculations, we accounted only for the sound attenuation due to the distance to each property line. The chain link fence and the shrubs proposed around the equipment group will have no acoustical screening value and therefore no noise reduction was taken for these elements in the analysis. The expected sound levels at each of the nearest adjacent property line IocaUons (worst-case) are summarized in Table 1. Table I At North West Southeast South Equipment Property Line Property Line PropeKy Line Property Line (Location A) (Location B) (Location C) (I-ocaUon D) Sound Level Sound Level Sound Level Sound Level dB(A) dB(A) dB(A) dB(A) (2) Battery Backup Cabinets 34 27 3! 23 CDMA cabinet 38 33 31 28 Telephone Equipment 29 17 28 20 Cabinet All Equipment Together 40 34 35 30 The CDMA cabinet is the dominant sound source within the equipment group and controls the combined equipment sound level. Nevertheless, the combined operation of the equipment at each of the nearest property line locations is expected to be clearly below the Town of Southold's requirement of 45 dB(A). Since only attenuation for distance was factored into the calculations, the sound level at all adjacent property lines, due to the combined operation of all proposed Metro PCS equipment, is expected be below the 45 dB(A) requirement, thus complying with provision 280-703(5). Therefore, no additional acoustical treatment of the equipment will be required. I trust the above is clear. However, if you have any questions, please do not hesitate to contact me. Sincerely, Attachments / * Location A T..Location C I I :?North o Location D Figure 1 - Equipment Sound Level Analysis Locations NIELSEN, HUBER 8: COUGHLIN, LLP ATTORNEYS AT LAW 36 NO~tTH Nrw Yo~J~ Av~rus HUNTINGTON, NEW Yo~ 11748 TELEPHONE: (~1) 425=4100 FacSImILE: (681) 425-4104 March 25, 2011 Bv Hand Mr. Michael Verity Building Department Town of Southold Annex Building 54375 Route 25 Southold, NY 11971 P,E: MetroPCS New York, LLC Proposed Public Utility Wireless Telecommunications Facility Premises: East Marion Fire District 9245 Main Road, East Marion, New York SCTM#: 1000-31 -3 11.31 Dear Mr. Verity: We represent MetroPCS New York, LLC CMetroPCS') with regard to its application to colocate at the existing public utility wireless telecommunications facility at the subject property. MetroPCS's proposal includes the interior installation of its antennas within the existing pole and the installation of equipment on the ground surrounded by a double row of evergreen plantings. MetroPCS has designed its proposed thcility so as to comply with the Town Code provisions set forth in Code Sections 280-71A(2)(b), 280- 71A(2)(a)[2 ], and 280-70, requiring Building Permit only. Specifically, as shown in the enclosed Construction Drawings, prepared by MTM Design Group Inc., Revision No. 3, dated December 7, 2010, MetroPCS proposes: · To install antennas and cables within an existing monopole, i.e. the proposal will cause no visual change as "the antennas are interior-mounted in the existing structure and are not visible from the outside afier installation," in accord with Section 280-71A(2)(b)[1]; · To install base station equipment that will be [e]ntirely screened from vic~v with dense evergreeen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point" and the "[p]lantings will be of sufficient size to achieve this screening effect immediately upon planting" in accord with Sections 280-71A(2)(b)[2] and 280- 71A(2)(a)[2]; and · Furthermore, as stated in the enclosed Noise Analysis, the noise from all proposed base equipment will measure less than 45dB at all adjacent property lines in accord with Sections 280- 71A(2)(b)[2] and 280-71A(2)(a)[2][d]. To further comply with the Town Code, we submit herewith the following application documents: 1. Town of Southold Building Permit Application; MctroPCS New York, LLC Building Permit Application East Marion F.D. March 25~ 2011 Page 2 of 2 2. Property Owner's Authorization; 3. Building Permit Application fee: MetroPCS Check No. 6756 in the amount of $500.00, pursuant to Town Code Section 280-74A(1)(a); 4. T~vo (2) counterparts of Antenna Site FCC RF Compliance Assessment and Report prepared by Pinnacle Telecom Group and dated December 9, 2010, demonstrating the project's compliance with the Maximum Permissible Exposure regulations pursuant to Code Sections 280-74B(1)(a) and 280-70(K); 5. T~vo (2) counterparts of Structural Analysis Report with design drawings, prepared by GPD Associates, and dated September 2, 2010, documenting the facility's structural compliance with local, state and federal codes pursuant to Code Section 280-74B(1)(b); 6. Copy of MetroPCS's FCC License, pursuant to Code Section 280-74B(1)(c); 7. FAA Determination of No Hazard to Air Navigation, pursuant to Code Section 280-74B(1)(c); 8. Correspondence of VHB Engineering, Surveying and Landscape Architecture, P.C., dated December 23, 2010, regarding NEPA Land Use Evaluation, pursuant to Code Section 280- 74B(1)(c): 9. Gap and Propagation Maps, pursuant to Code Sections 280-74B(1)(d) and (e): 10. Search Ring Map, pursuant to Code Section 280-74B(1 )(e); 11. Affidavit of Radiofrequency Engineer, pursuant to Code Section 280-74B(1)(e); 12. CD ROM containing digital files of propagation and search ring maps, pursuant to Code Section 280-74B(1)(i); 13. Copy of Deed, pursuant to Code Section 280-74B(1)(g); 14. Copy of the lbllowing Lease and License Agreements, pursuant to Code §280-74B(1)(g): a. (ommunications Site Lease Agreement between MetroPCS New York, LLC and The East Marion Fire District, dated October 12,2010; and b. Site License Agreement between New Cingular Wireless PCS, LLC and MetroPCS New York, LLC, dated October 28, 2010: 15. Property survey prepared by Peconic Surveyors, P.C., updated December 17, 2010; 16. Four (4) sets of Construction Drawings, prepared by MTM Design Group Inc., Revision No. 3, dated December 7, 2010. The drawings include a compound landscape plan, in accordance ~vith the requirements of Code Sections 280-70N, 280-7 l A(2)(b)[2] and 280-71A(2)(a)[2][c]; and I7. Noise Analysis correspondence of JRH Acoustical Consulting, Inc., dated March 16, 2011, pursuant to Code Sections 280-70J(5), 280-71A(2)(b)[2] and 280-71A(2)(a)[2][d]. Wc respectfully request that the instant proposal be processed as Building Permit only and that a Building Permit be issued at this time. We respectfully request that our office be contacted when the Building Pe~qnit is ready to be picked up. We can be reached at (631 ) 425-4100. Very truly yours, P,}~;. NIELSEN. IIUBER & COUGHLIN, LLP By: ~~ JC:mk Enclosures cc w/o ends.: Ms. Heather Lanza, Planning Director Town of $outhold Site ID NY7319B 9245 Route 25 East Marion, New York Map Scale: 1" = 0,85 mi Town Boundaries Subject Site Adjacent Sites -75 dBm In Building Commercial MAP 1 Existing Coverage Nov. 08,2010 Prepared by Nico Balzano Town of Southold Site ID NY7319B 9245 Route 25 East Marion, New York Map Scale: 1" = 0.85 mi Nov. 08,2010 Town Boundaries Subject Site Adjacent Sites -75 dBm In Building Commercial MAP 2 Coverage From Subject Site Prepared by Nico Balzano Town of Southold Site ID NY7319B 9245 Route 25 East Marion, New York Map Scale: t" = 0.88 mi Town Boundaries Subject Site Adjacent Sites -75 dBm In Building Commercial MAP 3 Coverage From Subject Site and Adjacent Sites Nov, 08,2010 Prepared by Nico Balzano Town of $outhold Site ID NY7319B 9245 Route 25 East Marion, New York Map Scale: l" = 0~85 mi Town Boundaries Subject Site Adjacent Sites -85 dBm In Building Residential MAP 1 Existing Coverage Nov ~ 08,20t0 Prepared by Nico Balzano Town of Southold Site ~D NY7319B 9245 Route 25 © East Marion, New York Map Sca e: 1" = 0~85 mi ! Nov. 08,2010 Town Boundaries Subject Site Adjacent Sites -85 dBm In Building Residential MAP 2 Coverage From Subject Site Prepared by Nico ealzano Narr Riv] Town of Southold Site ID NY7319B 9245 Route 25 East Marion, New York Map Scale: 1" = 0.85 mi Town Boundaries Subject Site Adjacent Sites -85 dBm In Building Residential MAP 3 Coverage From Subject Site and Adjacent Sites Nov. 08,2010 Prepared by Nico Balzano Town of Southold Site ID NY7319B 9245 Route 25 East Marion, New York Map Scale: 1" = 0,85 mi Town Boundaries Subject Site Adjacent Sites -95 dBm In Vehicle MAP 1 Existing Coverage Nov. 08,2010 Prepared by Nico Balzano Town of Southold Site iD NY7319B 9245 Route 25 East Marion, New York Map Sca 1" = 0.85 mi e Nov. 08,2010 Town Boundaries Subject Site Adjacent Sites -95 dBm In Vehicle MAP 2 Coverage From Subject Site Prepared by Nico Balzano Town of Southold Site ID NY7319B 9245 Route 25 East Marion, New York Map Scale: 1" = 0.85 mi Town Boundaries Subject Site Adjacent Sites -95 dBm In Vehicle MAP 3 Coverage From Subject Site and Adjacent Sites Nov. 08,2010 Prepared by Nico Balzano APPEOVEB AS NOTED Wireless for All. 765-1802 8 AM TO 4 FOLLOV~ING INSPECt: 1 FO UNDATION - 11NO REQUIRED FOR POURED CONCRETE 2 ROUGH- FRAMING, STRAPPING, ELECTRICAL & CAULKING 3 INSULATION 4 FINAL- CONSTRUCTION & ELECTRICAL MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHNI MEET 1HE TITLE LOCATION MAP: IN NYC ILI CALL TOLL FREE NOTES: ~ESIGN~ ROUPZ ARCHITECTU Rt: ENGINEER-lNG P.O. BOX 3 HAZ~, NEW'JERSEY 07730 T: 732.888.6210 F: 732. 847.4335 metroPC Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 ~T HAR. ION FIP~ DEPAR'rHENT ~24D tvlAIN ROAD A~t~t~VIATION5 SYHDOL~ 8ESIGN~ ROUP~. ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEW'JERSEY 077'30 T: 732.888.6210 F:732.847.4335 metroPC& Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 N¥-'/~,1~ EA.GT MAt~,ION FI~ I2EPAR'TMENT c~"~4~ HAIN f~,.DAD EADT MA'~..ION, NY IIq~q ~t~NEf~AL NOTES, NBtDF~"VIATION5 ~ 5¥ME3OL5 I0/2'1/I0 IOHPOIO ZONE P~ 60' qO' 120' $o DESI~pz~ GRO ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLE-r, NEV¢ JERSEY 07730 T: 732.888.6210 F:732.847.4335 metroPCS Wireless for All. 5 SKYLINE DRIV~ HAWTHORNE, NY 10532 EAST HAP, ION ~1~ DEPA~tI~-NT c~24~ h4AIN ~A~,T I'MA~ION, N~ IIqDq IO/2WIO IOMPOIO ~ Ed~UIPMENT PLAN DESI NO G R O 1.~1 Pz ARC HITECTUR. E ENGINEERING P.O. BOX 3 HAZLET, NEYVJERSEY 07730 T: 732.888.6210 metroPCS Wireless for Ail. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 NY'-/~I'~ EAST HAP, ION FIRE DEPARTFENT ~=A~T t,4A~ION, N'r' DAI~.TIAL 5ITE ,l t= (2L,.I I PlvIENT PLAN IO/.2-?/IO OQ i 000 ] OQO 00000"-' QQ ~ LAN[DS~X~INC~ ~LAN ~Tf~EE PLANTIN~ ~DETAIL DESIGN~ GROUP'~ ARC HITECTURb ENGINEERING P. O. BOX 3 HAZLET, NEW'JERSEY 07730 T: 732.888.6210 metroPCS Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 EAST MARION FIRE D~AR'I'I,~NT ~ ~.~-~ bdAI N. EAST HA~ION, NY L AND DC. AI~:' I ND F:='L,. AN ~° A 20 10/2"//10 IOf,,1POIO A:¢:,¢:~2~ ATE~, pAVl~ ~. ~ p.E. Jl (~)ELEYATION ( 2~ ANTENNA PLAN ANTENNA MOUNTIN~ POLE DETAIL ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEW'JERSEY 07730 T: 732.888.6210 F: 7.4335 metroPCS Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 N'f'-'/DIq D. ADT MARION FIRE DEPARTMENT ~12,4-~ HAIN F~OAD t~AST MAt~.ION, N'r' [IC:lD, q ~=.L_ EEVAT I ON P1,4o 10/2~/JO O'Y~C, AL 0F I) 51DE ELEVATION F~-.ONT ELEVATION UTILIT"r' FRAME ELE¥.~,TION5 - (FTC O4,t~INET ~,NE::' LI~.NT) v~-~) DILL OF MATEI .IALS ¢2UANT1TY ~,~p.._.._~_~ MOUNTI~NC~ E)ET4, IL No ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEVVJERSEY 07730 T: 732.888.6210 F: 732.841.4335 metroPCS Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 EAST HAI~ION FIRE DEPARTIHENT q 2 4...~ f".'IA I N EEA,~T MARION, N"'¢' IIqD'q UTILITY FRAI'4E ELEVATIOND ~ ~P.~ ivlOLINTINO ~'~=TAI/ IO/2-//IO IO1',4POIO (~EQUIPMENT 5UPPOF~T FI~AME PLAN ~:¢JIPHENT 6ABIN~r LE~t=NO ~MOUNTIN~ NFLE LOOATION PLAN [/zl.'~---"~ E)ETAIL .,TNF~OUG~N CONC;F-~ETE IIxll ed, ALE, I/2 EQUIPMENT ELEYATION (FRONT VIEW) N0 ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEW'JERSEY 07730 732.888.6210 F:732.847.4335 metroPCS Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 N¥-~lq bAST MARION FIRE DEPARTMENT q245 MAIN F;~.OAD F=OUNI2ATION Dt=TAIL,~ ~=~U I'F::'NIENT t~L~VATION~ IO/2~/IO I ONIPO IO FENCE (~ FENCIE ~ET.41L OATE ELEVATION (~ GATE E~E,T~IL ~ESIGN.° ROUP'~ ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEW'JERSEY 07730 732.888.6210 732.847.4335 metroPCS Wireless for All, 5 SKYLINE DRIVE HAWTHORNE, NY 10532 N"¢-75,1~ EA.ST MARION FII~E DL~A~..THENT ~f245 MAIN EAST MARION, NY IO/2-7/IO IOMPOIO q. CABLE MOUNT DETAIL ELEVATION MIR ( 4~CABLE ~f~IDGE DETAIL AT CONCJ~ETE 5LA~ C..A~,LE ~IP~E DETAIL (~ AT CONC,I~ETE 5LAB Iol PLAN DETAIL DESIGN~ GROUP~ ARCHITECTURE ENGINEERING P.O. BOX 3 HAZLET, NEVVJERSEY 07730 T: 73:2.888.6210 F:732.847.4335 metroPCS Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 NY-TDIq EAST MARION FIRE DEPARTMENT ~245 HAIN EADT MARION, NY IO/2-//IO IOMPOIO (~)EC2LIIPMENT G.,a, tDINET DET.~,IL~ (oe'noK~J (~PTC CA61NET DETAILS T il] LTE C.~INET DETAIL5 ESI Nd ROt~ pZ ARCHITECTURE ENGINEERING P.O. BOX 3 HAZLE-r, NEVVJERSEY 07730 732.888.6210 732.847.4335 CLIENT: metroPCS Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 N¥-/DIq EAST MARION FIRE DEPARTMENT ~24~ MAIN EAST hdA~ION, N'r' E~UIPI,~ENT SPECIFIGATION~ 10/2-//10 IOMPOIO I FF~ONT VIELIJ 51DE VIEtg DESI N© G R O I._G,T P5 ARCHITECTURE ENGINEERING P. O. BOX 3 I-LAZLET, NEW'JERSEY 07730 T: 732.888.6210 F:732.847.4~35 metroPCS Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 N'r'"[DIq EAST MARION FIRE DEDARTIHENT ~-:F= I NF Ol:~.NI'AT I O N ANTENNA MOUNT 10/2 '7/I 0 IOMPOIO LUI~IN~ METNOIDS: 5PE~IAL EMPNASI5 / CONCEF~XIS, AND L. IMITATIONS: LEQEND: 5'r'ME~OLS: NOTED (St.jmbol5 (~ , (~), ~='l;c.) hlADTEF~ ~OUN~ ~,AF~ TEF~MINATION ]DETAIL ANTENNA Q.F~OUNDINQ IDET4,1L (/~ODNDIN~ ONE LINE D ('~ CONNEC. TION OF CAttLE C~t~OLJND KIT ~ESI NO ROI~P5 ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEVqJERSEY 07730 T: 732.888.6210 F:732.847.4335 metroPC& Wireless for All. 5 SKYLINE DRIVE HAWTHORNE, NY 10532 EAST HAt,ION FtR~ DEPARTMENT q24D HAIN I~OAD EADT f'.dA'~ION, NY' IIqDq ELE(_.. i"fO. lC_,Ab NO I ~D AND I NFO~..HAT[ ON IO/2~/IO IOMPOIO ~'~, I KEY NOTES (Symbols(~ Q Etc.) ~' E N G I N E E R I NG ~A. ~ 2~ h~ ~I~UIT ~ P.O. BOX 3 ~O~T 5~T~ ~ ~ ~A~ ~, ~JEKS~0~0 /",, ~,~..,- ~.~" ~o A,,=,~,~,~,~ I ~[~ A~ CO'IT ~ HA~HO~E, ~ 10532 _-- ~ ~ ..... j NT~I; ELEGTRIGAL PLAN ~ PARTIAL BITE PLAN ONE LINE ~I~E~ SChEmATIC IOMPO~O I - Gt~OIJNDING ONE LINE @ ® (~ ANTENNA ~OLINDIN~ DETAIL TE~T LUELL ~ET,AIL (~Q~OIJNE::, F~OE) IDET~IL ~ESI Nu ROI~Pz ARCHITECTURE ENGINEERING P. O. BOX 3 HAZLET, NEV~JEKSEY 07730 T: 732.888.6210 F:732.847.4335 metroPCS, Wireless for All. 5 SKYLINE DI~JVE HAWTHORNE, NY 10532 E. AST HARION FIRE DEPARTNiENT ~245 HAIN F~.OAD E~A~T I'dAi~,ION, NY' ~OLJN~IN~ I::~tETAI L$ 10/2-//10 lO.POlO SURVEY OF PROPERTY AT EAST MARION TO,tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-31-03-11.31 SCALE: 1'--30' MARCH 26, 20tO DECEMBER 17. 2010 (PROPOSED METRO PCS LEASE AREA) AREA=3.0583 ACRES ELEVATIONS REFERENCED TO N.A. V,D. · =MONUMENT ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NE%V YORK STATE EDUCATION (631) 765 - 50B0 FAX (631,~ 765-1797 P, 0,, BOX 909 SOUTHOLD, N,Y,