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In addition to any other conditions of approval permitted under federal and state law and this code that the decision authority deems appropriate or required under this chapter, all WCF projects approved under this chapter, whether approved or deemed granted by operation of law, shall be subject to the following conditions of approval:

A. Permit conditions. The grant or approval of a WCF Category 1 Permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act.

B. As-built plans. The applicant shall submit to the City Planner an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within 90 days after the completion of construction.

C. The applicant shall hire a qualified engineer licensed by the State of Washington to measure actual radio frequency emission of the WCF and determine if it meets the FCC’s standards. A report, certified by the engineer, of all calculations, required measurements, and the engineer’s findings with respect to compliance with the FCC’s radio frequency emission standards shall be submitted to the City Planner within one year of commencement of operation.

D. Indemnification. To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion and at the applicant’s expense, elect to defend any such action with attorneys of its own choice.

E. Compliance with applicable laws. The applicant shall comply with all applicable provisions of this Code, any permit issued under this Code, and all other applicable federal, state, and local laws including, without limitation, all building codes, electrical code, and other public safety requirements. Any failure by the City to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.

F. Compliance with approved plans. The proposed project shall be built in compliance with the approved pans on file with the City.

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