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Home My WebLink AboutPRHSPSC PKT 02-09-1998 (' i if . City ofFederaI Way CITY COUNCIL PARKS, RECREATION,. PUBLIC SAFETY AND HUMAN SERVICES COMMITTEE Monday, February 9, 1998 12:00 p.m. City HaIl Council Chambers AGENDA 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. COMMITTEE STRUCTURE Dovey 5. COMMITTEE BUSINESS A. Nextel Communications Lease/Sacajawea Park Action Schroder B. Amendment to Ordinance 95-252 Action Wood Establishment of a Public Safety Department C. Housing and Community Development Plan Action Talton Four Year Strategies 6. NEXT MEETING - February 23, 1998 7. ADJOURNMENT Committee Members: Jack Dovey, Chair Jeanne Burbidge Linda Kochmar Staff: Jennifer Schroder, Director Sue Floyd, Administrative Assistant 661-4041 City of Federal Way City Council Parks, Recreation, Public Safety and Human Services Committee 1998 Calendar (2nd and 4th Monday of each month) February 9 February 23 August 10 August 24 March 9 March 23 September 14 September 28 April 13 April 27 October 12 October 26 May 11 May 25 (will be rescheduled due to holiday) November 9 November 23 June 8 June 22 December 14 December 28 July 13 July 27 Meetings will begin at noon in the Council Chambers. Agenda setting meetings will be held the 1st and 3rd Fridays of each month, 11:30 a.m. Agenda packet material will be due the Friday prior to the meeting. Agenda packets will be distributed by noon one week prior to the meetings. Committee Memben: Jack Dovey, Chair Jeanne Burbidge Linda Kochmar City Staff: Jennifer Schroder, PRCS Director Sue Floyd, Administrative Assistant n CITY OF FEDERAL WAY Item SA CITY COUNCa PARKS, RECREATION, PUBLIC SAFETY AND HUMAN SERVICES COMMITfEE Date: February 2, 1998 From: Jennifer Schroder, Director Parks, Recreation and Cultural Services Department Subject: Wireless Telecommunications Lease Agreement/Sacajawea Park Bac~round: On October 13, 1997, the Parks and Recreation Council Committee directed staff to begin negotiations for a lease agreement with Nextel Communications for a telecommunications facility at Sacajawea Park. Nextel's proposal involves leasing two (2) existing light standards and the vacant concessions building at Sacajawea Park for the purpose of a telecommunication facility. On November 12, 1997, staff presented to committee a draft lease agreement for approval. The committee moved to approve the draft agreement as amended by the committee and Law Department and fOlward to full Council. Since November, Nextel and the City have proposed additional changes that warrant the committee's review of the draft agreement prior to requesting Council approval on February 17, 1998. Attached is the draft agreement between the City and Nextel for a communication site lease agreement. Some of the conditions of the lease are as follows: 1. Option to Lease; Term of Lease: $3,600 signing fee for option to lease. Five (5) year term with the right to extend the term for three (3) successive five (5) year terms. City shall have the right to terminate this agreement during the third renewal term. 2. Utilities: Nextel to bring in necessary telco to service their facility. Nextel shall have the right to draw electricity from the existing utilities by means of setting an electrical deduct meter and paying the City an additional $100 per month. 3. :&m1: $600 per month ($7,200 annually). Rental shall be increased four percent (4%) annually throughout the term and any renewals. 4. Assignments and Subletting: Lessee shall not sublease facilities without City's consent and any sharing of revenues shall be negotiated between the lessee and the City. 5. Q:ther: Nextel to provide new metal roofs to the concession and restroom buildings. Provide six (6) standard ESMR mobile phones. Final reviews of this draft agreement by Nextel and the City will be completed prior to your meeting on February 9, 1998. Parks, Recreation, Public Safety and Human Services Council Committee February 2, 1998 Page Two Committee Options: 1. Motion to approve draft agreement as presented and forward to full Council for approval. 2. Motion to approve draft agreement as amended by Committee and Law Department and forward to full Council. 3. Motion to authorize staff to continue negotiations. APPROVAL OF COMMITTEE REPORT: Option No. _ Committee Chair Committee Member Committee l\fember Site Number Pacific Northwest Market Name: Redondo/Sacajawea Number: W A0226-1 Site Name ( COMMUNICATIONS SITE LEASE AGREEMENT (TOWER) (Washington) This Communications +ewei=Site Lease Agreement ("Agreement") is entered into this _ day of 199 ,l22.a. between Nextel West Corp., a Delaware corporation, dba Nextel Communications ("Lessee"), and____________________ the City of Federal Way. a municipal corporation ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") and a telecommunications tower (the "To\'ler") located in the of Count)' of ,including two (2) liEht standards and a concession building (the .. Site") located in the City of Federal Way. County of King. State of Washington, more commonly known as (the TowerSacajawea Park. 1600 SW Dash Point Road. Federal Way. Washington 98003. (the Site and Land are collectively, the "Property")~ The Land is more particularly described in Exhibit A anneKedattached hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately hundred ( )ninety (90) square feet of space inside the handconcession building and space on the +ewei=light standards and all access and utility easements, if any, (collectively, the "Premises") as described in Exhibit B anne)cedattached hereto. 2. ~. The Premises may2. Use. Lessor hereby leases nonexclusivel)' to Lessee the Premises. which may solely be used by Lessee for any activity iN eonnection "'lith the provision of communications services.the purpose of installing and operating the Facilities more particularly described in provision 6 below and depicted in Exhibit B of this Agreement. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. Said cooperation shall in no wav infer any special consideration or deviation from the land use and building construction permit approval process of the City of Federal Way that is applicable to the intended use of the Premises by Lessee. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement. after reasonable notice to Lessor. to enter upon the Property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constn10tiagtests. Lessee shall not commence construction of the Lessee Facilities until the commencement date of this Agreement and upon issuance of all necessary licenses. pennits. and any other necessal~y approvals (as defmed in Paragraph 6(a) below). Upon Lessee's request, LessorA portion of Lessee's construction scope of work shall include replacement of Lessor's roofs in the concession building where Lessee's radio equipment will be located. as well as the nearby park restroom building. generally agrees to provide promptly to Lessee copies of all plans, speoifioations, surveys and tower maps for the Land and Tower. The tower map shall include the elevation of all antennas on the Tower and the frequencies upon which eaoh operates. depicted on the attached Exhibit B. Lessor shall receive and approve final construction drawings: approval shall not be unreasonablv withheld. and approval shall be timely. 4. Option to Lease: Term of Lease. Lessor grants to Lessee an option (the" Option") to lease the Premises, provided Lessee delivers to Lessor written notice that the lease shall commence the latter of the date of the notice or a date certain specified in the notice ("Commencement Date"), which date shall be not later than ______m_______m ______November 1. 1998 (the "Expiration Date"). Upon a failure to deliver such notice on or before the Expiration Date, this Agreement shall stand terminated. As consideration for the Option, Lessee shall pay the sum of _____m_m_____ ___________ One Thousand Six Hundred and 00/1 00 DOLLARS Of:___.______ ... )($3r600.001 for each six month period (or fractional part thereof), from the date of this Agreement to the Commencement Date. The term of the Lease shall be _____ C_Jfivc (5) years commencing on the Commencement Date and terminating on thcm_mCJfifth (5th) annivcrsary of the Commencement Date (the Page I September 1997 y'Q1 ( Pacific Northwest Market Site Name Name: Redoodo/Saeaiawea Site ~Julllber Number: W A0226-1 "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for___________ Cn__Jthree 0) successive ______n CJfive (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. except that Lessor shall have the right to terminate ~this Agreement during the third Renewal Term as set forth in Paragraph lQ(b) below. The Lessor shall also have the right to tenninate this Agreement if the Federal Communications Commission (FCC) requires the Lessor to ~rant similar leases to other telecommunications providers pursuant to the FCC Act. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. S. Rent. S. ~. 'Nithin(a) Within fifteen (15) days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent Six Hundred and 00/1 00 DOLLARS ($ )($600.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at 33530 1st Way South. Federal ; Attention: Page 2 September 1997 YQ4 Site Number Pacific Northwest Market Name: RcdondoiSacaiawca Number: W ^0226.\ Site Name Way. Washington 98003: Attention: City Treasurer. (b) The rent provided for in Paragraph 5(a) shall be increased by four percent (4%) per year throughout the initial Lease term and any Renewal Term. Rent shall be negotiated between Lessor and Lessee prior to the subsequent Renewal Tenn commencing based upon the then market rate for similar telecommunications facilities in the surrounding area. (c) Additional Consideration. (i) As additional consideration for this Agreement. within thirty (30) days following the Commencement Date and continuous radio operations from the Site. Nextel shall provide Lessor with six (6) standard ESMR mobile phones (specific model to be determined by Nexte\). Nextel shall not be responsible for any service charges for such phones. including but not limited to installation. activation. access. air time. long distance and toll charges associated with the use of said phones. which shall be the sole responsibilitv of the Lessor. Lessor shall refer solely to the manufacturer of such telephones. and not Nextel. for the cost of any necessary telephone repair or replacement: and (ii) and the sum of One Hundred and 001100 Dollars ($100.00) per 1110nth for electrical service as set forth in section 6(b) below. except that the Lessor shall have the right to increase this amount. and Lessee agrees to pay for electrical companv increases in rates. 6. Facilities: Utilities: Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio conmlUnications facilities, including without limitationthe Lessee Facilities within a one hundred (00) square foot area in the northwest portion of the Premises for pur:poses of radio communications. including telephone and electricity utility lines, transmission lines, air conditioned equipment shelter(s),a standbv power generator for Lessee's exclusive use. radio electronic equipment, and five (5) radio transmitting and receiving antennas and supporting equipment. and structures attached to two (2) light pole standards. as described in sections I and 2 and depicted in Exhibit B attached to this Agreement. Lessee acknowledges that this fullv identifies the Lessee Facilities and no additional equipment or antennas shall be added to the Lessee Facilities without the prior written approval of Lessor. including any thereto ("Lessee Facilities").rent adjustment to this Agreement. Lessee further a2:rees to monitor the Lessee Facilities for fire. smoke. intmsion. and AiC power failure by Lessee's 24-hour electronic surveillance system. In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to Lessor. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. as detemlined by Lessor. Lessee shall submit to Lessor a stmctural analysis demonstrating the wind and load capacity of the light standards for Lessee's Facilities. Lessee shall also l11anner.submit a constmction schedule to Lessor for Lessor's approval. which approval shall not be reasonably delayed or withheld. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the ri;ht toshall remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement Agreement; provided,provided Lessee repairs any damage to the Premises caused by such removal. restoring the Premises to its pre-Agreement condition. nOffilal wear and tear excepted. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Property eFby means of setting an electrical deduct meter wherein Lessee shall pay to Lessor as additional consideration the sum of One Hundred and OOilOO obtain separate utility servicefrom any utility company that will provide ser\'ice to the Property (includingDOLLARS ($100.00) per month as provided for in section Sed) of this Agreement. Lessee shall also have the right to use a standby power generatorfor Lessee's eKclusi\'c use).on the Propertv. Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided ftere.ffi., herein so long as such grant of easement docs not interfere with Lessor's use of the Premises. Lessee agrees to obtain separate utility service for the Lessee Facilities in the event Lessor notifies Lessee during the teml of the lease. including renewal periods. of its own need for additional electrical power as long as Lessor. after sufficient Page 3 September 1997 YJL4 Site Name Pacific Northwest Market Name: Redondo/Sacaiawea Site Number Number: W A0226-1 the Premises by means of requesting the electric notice by Lessee. makes a diligent effort to restore power to company to restore said service on behalf of Lessee. ( (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. (e) Lessee shall at all times throughout the Tenn of this Agreement and any subsequent Renewal Term(s) maintain the Lessee Facilities in a state of good repair as detennined by the Lessor unless so affected by destruction or condenmation. or acts of God. In the event any such destruction or condenmation or acts of God occur. then the terms and conditions set forth in Paragraph I 1 shall prevail. 7. Interference. (a) Lessee(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Property, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. The Lessee agrees to indelllilify the City of Federal Way for all actions brought by other telecommunications providers in relationship to the granting or use of the Agreement. _-(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not pennit itself, its lessees or licensees to install new equipment on the Property or property contigl:laHs thereto o\vned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Should such interference be alleged bv Lessee. Lessee shall provide to Lessor proof. to Lessor's satisfaction. that interference is inhibiting Lessee's use of the site. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all action necessary to eliminate such interference, in a reasonable time period. In the event Lessor fails to comply with this paragraph, Lessee may terminate this Agreement, ana/ar pursl:le any other remedies available l:ll1der this f.greement, at law, and/or at equity.Agreement which shall be Lessee's sole remedy under this Agreement. (c) Lessee acknowledges that the City of Federal Way land use code pertaining to telecommunications facilities provides for potential collocation at a given" cell site." Lessor acknowledges that Lessee shall comply with said ordinances. provided that any potential collocation poses no interference to Lessee. as set forth in Paragraph 7(b) above. 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the Property . Page 4 September 1997 V04 Site Number Pacific Northwest Market Name: Redondo/Sacaiawea Number: WA0226-1 Site Name 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. --(b) Lessor acknowledges that Lessee has entered into a fmancing arrangement including promissory notes and financial and security agreements for the fmancing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional fmancing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. (c) In lieu of Lessor's right to place a Iien(sl on Lessee Facilities during the Term of this Agreement and any subsequent Renewal Ternl(s). Lessee shall submit to Lessor a Security Deposit in an amount equal to five (5) months' rent. the sum of Three Thousand and 00/100 DOLLARS ($3.000.00). which shall be refunded at the termination of this Agreement if Lessee is not in default of the Lease. In the event Lessee fails to pay rent or other charges when due. cure periods considered. Lessor shall deduct such amount from the security deposit. and Lessee agrees to immediately refund to Lessor any such deduction from the security deposit. 10. Termination. ~ This Agreement 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 or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interferenoe. interference: or Lessee shall comply with all applicable federal. state. and city laws. including. without limitation. all city codes. ordinances. resolutions. standards and policies as now existing or hereafter adopted or amended. including. without limitation. all requirements of the FCC and the FAA. Lessee shall comply with applicable land use codes as they pertain to collocation requirements. A failure by Lessee to comply with all laws shall be grounds for immediate termination of the Agreement by the Lessor. Should at any time the Lessor file for bankmptcy. the Lessor may terminate the Agreement. (b) This Agreement may be terminated by Lessor at any time during the third Renewal Term. without further liabilitv. upon one hundred eighty (180) days' prior written to notice to Lessee. 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation~ providing. however. that should Lessee elect to terminate this Agreement under said telms and conditions. Lessee shall remove all Lessee Facilities. as provided for in Paragraph 6(a) above. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Page 5 Seplember 1997 V04 Pacific Northwest Market Site Name Namc: Rcdondo/Sacajawea Site NUAlber Number: W A0226-1 Premises. providin~ that Lessee complies with the repair provisions for the Lessee Facilities as provided for in Para~raph 6(e) and Paragraph 16. ( 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 ~DOLLARS ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor, at Lessor's sole cost and expense, shall procure and maintain on the Property, bodily injury and property damage insurance with a combined single limit of at least One Million Dollars ($1,000,000) per occurrence. 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 coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14.- Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in- interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any fmancing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by 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 guaranties thereof. Lessee shalll10t sublease the Lessee Facilities without prior written consent from Lessor. and any sharing of revenues shall be negotiated between the Lessee and Lessor for said sublease. 15. Warranty of Title and Ouiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto andthereto. Lessor shall warrant that the Property is free and clear of all liens, encumbrances and restrictions. upon receiving a current title report from Lessee for its review evidencing this as the COlTect disposition of said property; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold in terest. Lessee acknowledges the applicable land use ordinance of the City of Federal Way that pertains to collocation. w'hich is refetTed to in Paragraph 7 above. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. its agents. employees or invitees. as detennined bv the City of Federal Way. Lessee shall be required to make all necessarv repairs to its Facilities. Except as set forth in Parn~raph 6(a)Paragraphs 6(a). 6(e!. and II above, upon expiration or termination hereof, Lessee shall Page 6 September 1997 V04 Pacific Northwest Market Site Name Name: Redondo/Sacajawea Site Number Number: WA0226-1 restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tearand loss bycasualty or other causes beyond Lessee's contTol excepted. 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessorrepresellts, warrants and agrees ( I) that neither Lessor nor, to Lessor's kno'Nledge, any third party has used, geReriited, stared ar disposed of, or pernlitted the use, generation, storage or dispesalof, any Hazardous Material an, Hnder, ahoMt or within the Land in 'iiolation of any law or regHlatioH, aHd (2) that Lessor will not, and will not permit any third part)' to use, benerate, store or dispose of any Hazardous Material on. Hnder, about or within !:he Land in 'liolation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless theother and the other's partners. Lessor and the Lessor's officers. 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 mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 18. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising from the negligence or willful misconductor alleged to arise from the sole negligence of Lessee or Lessee's agents or employees in or about the Property. Lessor shall indemnify and hold Lessee harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising or alleged to arise from the acts or omissionssole negligence of Lessor or Lessor's agents, employees, licensees, invitees, contractors or other tenants occurring in or about the Property. Lessee shall indemnify the City should another telecommunications provider (" Plaintiff') name it in any action under the Federation Telecommunications Act as it pertains to this Agreement. or should the Plaintiff attempt to force the Citv to grant another lease on the same conditions as present in the Agreement. The duties described in Paragraph 18 survive termination of this Agreement. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. -(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this 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 and each provision of this Agreement shall be valid aflt!-.and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessee: Lessor: ~Jextel West Corp. Nextel West Corp. dba NClncl Communic.nions dba Nextcl Communications 1750 112'" Avenue 1<[. Suire C 100 1750 1121h Avenue N[. Suite C-1 00 City of Federal Way. a municipal corporation 33530 l"Way South Federal Way. WA 98003 Page 7 September 1997 Vll:! Site l>llImller Pacific Northwest Market Name: Redondo/Sacaiawea Number: W A0226.1 Site Name ( Belleyue, WA 9&001 Bellevue. W A 98004 Attn.: Property Manager Atm: City Treasurer With a copy to: Nextel West Corp. dba Nextel Communications 1750 112lh Avenue NE, Suite C-100 Bellevue, W A 98004 Attn.: System Development Mgr. and a copy to: Nextel Communications, Inc. 1505 Farm Credit Drive McLean, Virginia 22102 Attn: Legal Dept., Contracts Mgr. Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Washington. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexedattached hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Property is located. In the event the Property is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non-disturbance and attornment instrument for each such mortgage or deed of trust. -(g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by I executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed attached hereto form material parts of this Agreement. U) original. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an 20. ~Marking and Lighting RellHirernents. LessorRequirements. Lessee acknowledges that it, and not f::essee;Lessor. shall be responsible for compliance with allThweF marking and lighting requirements of the Federal Aviation Administration (UP A,A.")(" FAA") and the FCC. besooF~ shall indemnify and hold besseeLessor harmless from any fmes or other liabilities caused by Lessor'sLessee's failure to comply with such requirements. Should Lessee be cited by either the FCC or FAA because the Tower isLessee Facilities are not in compliance and, should ~Lessee fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may eitherLessor mav terminate this Agreement immediately on notice to bessefLessee or proceed to cure the conditions of noncompliance at Lessor's eKpense, ,....hich amounts may noncompliance. be ded'.lcted from the Rent. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSEE LESSOR ;-.JeKtel West Corp. Page 8 September 1997 V04 Nextel West Corp. a Delaware Corporation dba Nextel Communioations By:__________ dba Nextel Communications Name: PelT)' Satterlee Title: By: ___ President PNW Date: Name:___ _ Perry Satterlee Page 9 September 1997 V(j4 Pacific Northwest Market Site Name Name: Redondo/Sacaiawea Site NumBer Number: W A0226-1 City of Federal Way. a municipal corporation By: By: Name: Name: Title: Title: Date: Date: Tax IDft: Site l>llImber Pacific Northwest Market Name: Redondo/Sacajawea Number: WA0226-1 Site Name Title:_ President - PNW . Tax ID No.: Date: ACKNOWLEDGMENTS ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF Washington STATE OF WASHINGTON ss. COUNTY OF On this day of , 19_, personally appeared before me Perry Satterlee to me known to be the President PNW of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Notary Public in and for State of Washington Name Printed My appointment expires: State of 'Nashin;ton STATE OF WASHINGTON Page 10 September 1997 V04 Site Number Pacific Northwest Market Namc; Rcdondo/Sacaiawea Number: W A0226-1 Site Name ss. County of COUNTY OF On this day of , 19 _, personally appeared before me to me known to be the of the oorporation thatCity of Federal Way. a municipal corporation. who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Notary Public in and for State of Washington Name Printed My appointment expires: State of \1/ ashington ) ) ss. ~ County of I certify that r know or have satisfactory e'iidel1oe that is the persoFl who appeared bef{)re Flle, and said person acknowledged that he/she signed this insll-:tment and acknowledged it to be his/her free and voluntary aot for the uses and purposes mentioned in the instrament. Dated: (monttJday.'year) Title: My appointment eKpires: Page II September 1997 V(J~ Site NlImber Pacific Northwest Market Name: Redondo/Sacaiawea Numbcr: WA0226-1 Site Name EXHIBIT A DESCRIPTION OF LAND dated , 199 ;l22.8. by and between ,the City of Federal Way. a municipal corporation. as Lessor, and Nextel West Corp., a Delaware corporation, dba Nextel Communications, as Lessee. to the Agreement The Land is described and/or depicted as follows (metes and bound description): THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF LYING WITHIN THE 16TH AVENUE SOOTH RIGHT OF WAY; ALSO, THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, LYING SOUTHERLY OF THE SOOTH MARGIN OF SOUTH DASH POINT ROAD; EXCEPT THAT PORTION THEREOF LYING WITHIN THE 16TH AVENUE SOOTH RIGHT OF WAY. Page 12 September 1997 V04 \ \ Site Site. \ f,1U\lBl'f B ~ DJlS~Otl Of pj$~ISJlS b and between \ t\. : as LeSsor, and Nel.te\ ~\'\\B\1 I I \ / PRol'QSttll\~coOf ( . ~ pROlf,ct \.Q(1.1\QlC. &,_llI'J\O'-6' ~ ~ 0l5l. oNE sroRf ~.......... st:t E~~' l<V""" ~.~. '2 t1.) p\1.~'2~~' .~)WSisi \loa\\!. ~ llQ\l"1(O 10 ~. pU.'(f\tJ,.I) ~ s~~ ((I) pj,tl(l. / (o1(lEl<lV- pE.\< pOl(~,/ / ,,,;,' ///' ~\>>G cQtlCllOE. I'~"O \ ~ ?<)\llI ~ Pl'oPOSf:? ~ Of ~~ L EY-\Sl\~ f>,SPl-\l>Ll oR1'lt. 7 ,/,/r"'''''~'"'''''''''''''''''''''''''''''''''''''~ . , , . : I I . I \ I I . b l'~of\C ~. <;0.--- L EY-\SU~G \}Nosc;t>S'\~G 7 Q ,0 20 ~eo ___ SfOJt>.~jU< SC\\oOL ~ P\}.l't - , of 3 N8Cf€l: CO\.\\.\U"$').1\ONS Rf.Oo"$o/~~ \GOO S'H ~\-\ pOlt<< R()t>.Q slit NU\l.BER: 'tI~22G- \ OP,1E: OC~O~t.R 9. '991 Rt.'J: jloitS. ) ~ SK~1tl IS ,. (;\\I'P1tC \ ~~"i\()l Of lQSE. t-PfJ.. \ oR 2 " \ ~ . . ."d bY Lessee. I 01 tbe p,emiSes onee tt tS <<eet . a heable %o.""",en" 1:1<" E<hibit ""y be <<plaeed by a laod ;~::n..(ieS sball be the distanee <<qnued by tbe pp . sethaek 01 the p<<"n," lto'" the 1ft' I \ autho,ities ineludiOg poltee and . . I bldo.e"""en a ' aulhortt\es. h \\ be the width <<qui,ed by the app..a \\Iidlb of access toad s a ftte de?artn'enls. page \3 se-ptetn'oer \ 991 ~ Pacific Northwest Market Site Name Name' Redondo/Sacaiawea Site Number Number: W A0226-1 4.The type, I1limber and mounting positions and Ioeations of antennas and transmission lines are illlistrati'l6 only. Autual types, Hlimbers, mounting positions may vary from what is shown above. Page 14 September 1997 V04 Site NUAlaer Pacific Northwest Market Namc; Rcdondo/Sacaiawca Number: WA0226-1 Site Name EXHIBIT B Page 2 of3 / \ DESCRIPTION OF PREMISES to the Agreement dated . 1998. by and between the City of Federal Way. a municipal corporation. as Lessor. and Nextel West Corp.. a Delaware corporation. dba Nextel Communications. as Lessee, TIle Premises are described and/or depicted as follows: EXHIBIT D PROPOSED CONDENSER UNIT EXISTING STORAGE RO.lOVE EXISTING STUD WALl; OWNERS EOUIPIAENT TO BE RElOCATED TO NEW WAll '" -' .. '" I o I I: I: I' 'I H--H I: :1 I: :1 f1--H : I: :1:: n ll:: _________1J - - :J___Lt_____ " " " " ___ - - ___ ___ __ __ ___ _l..;"___ ___ c=:::= : . PROPOSED NEW STUD WALL '" I ~ PROPOSED 8'-10".10'-6" EOUIPlJENT RoolA o 000 :0 8'-1(J" 1J'-J" o , 2 -- .ED NOTES: 1) PlJ,N SHClVl'I IS A CRAPlllC RO'RESENTATION Of lEASE AAfA 2)~ EQUIPMENT ROOM PlAN - 2 OF .3 NEXTa COMMUNICAllONS REDONDO/SACAJAWfA 1600 SW DASH POINT ROAD SITE NUMBER: WA0226-1 DATE: OCTOBER 9, 1997 REV: Notes: This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required bv the applicable govemmental authorities. Width of access road shall be the width required by the applicable govemmental authorities. including police and fire departments. Page 16 September 1997 V04 Site Number Pacific Northwest Market NaTHe: Redondo/Sacajawea Numhcr: WA0226-1 Site Name EXHIBIT B Page 3 of 3 DESCRIPTION OF PREMISES to the Agreement dated . 1998. by and between the City of Federal Way. a municipal corporation. as Lessor. and Nextel West Corp.. a Delaware corporation. dba Nextel Communications. as Lessee. TIle Premises are described and/or depicted as follows: EXHIBIT EXISTING PlAYFIELO UGHT STANDARO (2) PROPOSED PANEL ANTENNAS ((I) ANTENNA PER POLE) b I b en (2) PROPOSED CPS ANTENNAS (( 1) ANTENNA PER POLE) (I) PROPOS€D lIST UDBlLE ANTENNA , l_hn PROPOSED ROUTE or CABLE ENCASED IN STEEl CONDUIT; PAINT TO UATCH b I h ... (l(JSTING BUIlDING; N(W STANDING SEAM UETAl ROOF TO BE CONSTRUCTED OVER EXISTING ROOF o '0 20 '0 NOTES: I) PlAN SHOYIN IS A GRAPHIC REPRESENTATION Of lEASE AREA ~OR SOUTH ELEVATION - 3 OF 3 NEXTa COMMUNICATIONS REOONOO/SACAJAwtA 1600 SW DASH POINT ROAD SITE NUMBER: WA0226-1 DATE: OCTOBER 9, 1997 REV: Notes: This Exhibit mav be replaced by a land survey of the Premises once it is received by Lessee. Setback of the Premises from the Land's boundaries shall be the distance required by the appl1cable govemmental authorities. Width of access road shall be the width required by the applicable governmental authorities. including police and fire departments. Page I 7 September 1997 V04 Site Number Pacific Northwest Market Name: Redondo/Sacajawea Number: WA0226-1 Site Name EXHIBIT C ( MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Nextel West Corp. dba Nextel Communications 1750 112th Avenue NE, Suite C-l 00 Bellevue, W A 98004 A TIN: System Development Manager This Memorandum of Agreement is entered into on this XXXXX day of XXXXXXXXXX, +9-9X-,-l22..8.. by and between , a the City of Federal Way. a municipal corporation, with an office at ________________ ,33530 1st Way. South. Federal Way. Washington 98003. (hereinafter referred to as "Lessor") and Nextel West Corp., a Delaware corporation, dba Nextel Communications, with an office at 1750 112th Avenue NE, Suite C-I00, Bellevue, Washington 98004 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the XXX day of XXXXXXX ~.l228. for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for _ Ufive (5) years commencing the latter of the date of the notice or a date certain specified in the notice (" Commencement Date"), which date shall be not later than -November 1. 1998 (the" Expiration date"), and terminating on the ( )fifth (5th) anniversary of the Commencement Date ',>lith _ ( ) successIve ( )Date. with three (3) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A anncKedattached hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexedattached hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSEE LESSOR NeKtel 'Nest Corp. Nextel West Corp. a Delaware Corporation dba }!eJ:tel Communications City of Federal Way. a municipal corporation dba Nextel Communications Bv:XXXXXXXXXXXXXXXXXXXXXXXXX By: XXXXXXXXXXXXXXXXXXXXXXXXX By: XXXXXXXXXXXXXXXXXXXXXXXXX Name: XXXXXXXXXXXXXXXXXXXXXXX By: XXXXXXXXXXXXXXXXXXXXXXXXX Title: XXXXXXXXXXXXXXXXXXXXXXXX Page 18 September 1997 Y<B Name: ( Name: Perry Satterlee . ____Perry Satterlee Title: Title: President PNV,r ------- President - PNW Date: XXXXXXXXXXXXXXXXXXXXXXXXX Date: XXXXXXXXXXXXXXXXXXXXXXXXX Page 19 September 1997 .DH Site Name Pacific Northwest Market Name: Rcdondo/Sacajawea Number: W A0226-1 Site ~JlIAlber Name: Date: XXXXXXXXXXXXXXXXXXXXXXXXX Title: Tax lO No.: XXXXXXXXXXXXXXXXXXXXX Date: XXXXXXXXXX;XXXXXXXXXXXXXx:,'( Tal( lOti: Site ~hlRlber Pacific Northwest Market Namc: Redondo/Sacajawea Number: W A0226-1 Site Name ACKNOWLEDGMENTS ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF Washington STATE OF WASHINGTON ss. COUNTY OF On this XXXXXXXX day of XXXXXXXXXXX, +9X-X, 1998. personally appeared before me Perry Satterlee to me known to be the President PNW of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that XXXXXX was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. xxxxxxxxxxxxxxxxxxxxxxxxxxxx Notary Public in and for State of Washington xxxxxxxxxxxxxxxxxxxxxxxxxxxx Name Printed My appointment expires: XXXXXXXXXXXXXX State of \Vashington ss. County of STATE OF WASHINGTON ss. COUNTY OF On this XXXXXXXX day of XXXXXXXXXX, +9X-X, 1998. personally appeared before me XXXXXXXXXXXX to me known to be the XXXXXXXXXXX of the corporation. thatCity of Federal Way. a municipal corporation. who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that XXXXXXXX was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. XXXXXXXXXXXXXXXXXXXXXXXXXXXXX Notary Public in and for State of Washington XXXXXXXXXXXXXXXXXXXXXXXXXXXXX Name Printed My appointment expires: XXXXXXXXXXXXXX State of \\'ashingtoll S5. Count)' of Page 20 September 1997 V04 ( Pacific Northwest Market Site Name Name: Redondo/Sacaiawea Site Number Number: W A0226-1 I certify that I know or Rave satisfactory e'lidence that XXXXXXXXXXXXXXX is the person who appeared before me, ami said person aekRowledged that he/she signed this instrument and aeknowledged it to be hislJ:J.er free and voluntary act fDr the Hses and purposes mentioaed in the instrument. Dated: XXXXXXXXXXXXXXXX (month/day/year) XXXXXXXXXXXXXXXXXXXXXXXXXXXXX Title: XXXXXX.xXY~XXXXXx..XXXXXXXXXX My appoiatInent expires: XXXXXXXXXXXXXX MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Nextel West Corp. dba Nextel Communications 1750 I 12th Avenue NE, Suite C-I 00 Bellevue, W A 98004 A TTN: System Development Manager This Memorandum of Agreement is entered into on this _ day of , 199 _.l2.2.8.. by and between , a the City of Federal \Vav. a municipal corporation, with an office at ,33530 1st Way. South. Federal Way. Washington 98003. (hereinafter referred to as "Lessor") and Nextel West Corp., a Delaware corporation, dba Nextel Communications, with an office at 1750 112th Avenue NE, Suite C-IOO, Bellevue, Washington 98004 (hereinafter referred to as "Lessee"). I. Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the _ day of 199_,122.8.. for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for _ (_)five (5) years commencing the latter of the date of the notice or a date certain specified in the notice (" Commencement Date"), which date shall be not later than -November 1. 1998 (the "Expiration date"), and terminating on the ( )fifth (5th) anniversary of the Commencement Date with _ ~) successive _ ( )Date. with three (3) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexedattached hereto. 1be portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B a~attached hereto. Page 21 September 1997 V04 Site Nltmber Pacific Northwest Market Name; RedondoiSacaiawca Number' W A0226-1 Site Name IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSEE LESSOR Nextel 'Nest Corp. Nextel West Corp. a Delaware Corporation dba Ne)(tel Communications City of Fecteral Way. a municipal corporation By: dba Nextel Communications By:_ By: Name: By: Name: Perry Satterlee Title: Name: Name: Perry Satterlee. Title: President PNW Date: Title: Date: Title: Date: President - PNW Tax ID No.: Date: Tax ID#: Page 22 September 1997 V04 Site }hmlber Pacific Northwest Market Name: Redondo/Sacajawea Number: WA0226-1 Site Name ACKNOWLEDGMENTS ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF Washington COUNTY OF ) ) ss. ) STATE OF WASHINGTON On this day of , 19 ,1m. personally appeared before me Perry Satterlee to me known to be the President PNW of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Notary Public in and for State of Washington Name Printed My appointment expires: State of 'Nashington SS. County of STATE OF WASHINGTON ss. COUNTY OF On this day of , 19 ,l22.8. personally appeared before me to me known to be the of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Notary Public in and for State of Washington Name Printed Page 23 September 1997 ,,:04 Site NHAIDer My appointment expires: Pacific Northwest Market Name: Redondo/Sacajawea Number: \V A0226-1 Site Name Stale of Washington ) ) 55. 1 County of I certify that I know or have satisfaotory evidence that is the person who appeared before me, and said person aoknowledged that he/she signed this instrument and acknowledged it to be his/her free and 'lohmtary act for the uses and purposes mentioned in the instr:.tment. Dated: _______________________. (month;da y.'year) Title: My appointment expires: Page 24 September 1997 Y04 CITY OF FEDERAL WAY Item 5B CITY COUNCa PARKS, RECREATION, PUBLIC SAFETY AND HUMAN SERVICES COMMITTEE Date: February 2, 1998 From: Ronald T. Wood, Chief of Police Subject: Amendment to Ordinance 95-252, Establishing a Public Safety Department Bac~round: Amending the provisions relating to the establishment of a Public Safety Department. Ordinance 95- 252, Section 4, Appointment of Deputy Director(s) shall be appointed by the Director rather than the City Manager. Section 5, Administrative Authority, the Director of Public Safety (police Chief) shall be in direct charge of the Department of Public Safety. These are "housekeeping" changes to the ordinance. Committee Recommendation: Move to amend Ordinance 95-252 and forward to full Council for approval on February 17, 1998. APPROVAL OF COMMITIEE .REPORT: Committee Chair Committee Member Committee l\fcmber ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PROVISIONS RELATING TO THE ESTABLISHMENT OF A PUBLIC SAFETY DEPARTMENT (AMENDING ORDINANCE 95-252). THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Sections numbered 1, 2, 3, 4, and 5 of Ordinance number 95-252 of the Federal Way city Code ("FWCC") shall be amended as follows: Section 1. Establishment. There is established a City Department known as the Federal Way Public Safety Department ("Police Departmen1=;"), whose duties and responsibilities shall include the protection of all persons and property located within the geographical boundaries of the City, as now existing or as hereafter created by annexation or incorporation, and including those areas covered by mutual aid agreements and interlocal agreements which services may include, without limitation, police services, energy services, public safety dispatch information systems, public safety education, enforcement of penal and other code enforcement as may be directed by the City Manager. Section 2. Governinq Body. The policy-making body for the City shall be the Federal Way City Council, whose functions include, without limitation, furnishing funds and setting policy for each of the City departments including the Police Department. Section 3. Appointment of Director of Public Safety. A Director of the Police Department ("Director") shall be appointed by the City Manager. The position of Director shall be exempt from the civil service system. In ORD # , PAGE 1 addition to such other duties as may be delegated to the Director from time to time by the City Manager, the Director shall act as the police chief for the City of Federal Way. Section 4. Appointment of Deputy Director(s} of Public Safety. One or more Deputy Directors of the Police Department ("Deputy Director") shall be appointed by the Director City Mahager. The position (s) of Deputy Director shall be exempt from the civil service system. Section 5. Administrative Authority. The Director ~ tl~e Deputy Director (.5) (Police Chief) shall be in direct charge of the Department of Public Safety (Police Department) and responsible for all aspects of departmental operations and police services delivery. The Director shall perform such duties as required by, and be directly accountable to, the City Manager. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. ORD # , PAGE 2 PASSED by the City Council of the City of Federal Way day of , 1998. this CITY OF FEDERAL WAY MAYOR, RONALD L.GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\POLICE.l ORD # , PAGE 3 Item 5C CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT Human Services Division MEMORANDUM DATE: January 28, 1998 FROM: Parks, Recreation, Public Safety and Human Services Committee Patricia Talton, CDBG Coordinator ~ TO: RE: 1996 Housing and Community Development Plan Four-Year Strategies Background Attached are proposed revisions to the City of Federal Way 1996-1999 Housing and Community Development Plan (H&CD) Four-Year Strategies. These strategies are a part of the King County Consortium Consolidated Housing and Community Development Planfor 1996-1999. Within the Consolidated Plan is an Action Plan which addresses the strategies identified by implementing a range of programs, services and policy work to be addressed in the given timeframe. The City's strategies were developed from 1993 CDBG Program Policies which previously served as a framework for the allocation of Community Development Block Grant funding. Subsequently, the current Four-Year Strategies were developed and revised in 1995. The Consolidated Plan as well as individual jurisdiction's strategies may be revised or amended yearly with respective City Councils' approval. Any revisions are incorporated into the Action Plan and distributed annually. In 1998, the King County CDBG Consortium will begin the process of developing a new consolidated plan. The city may elect to revise its strategies or incorporate the current strategies into the new document. This memo outlines the purpose of the suggested revisions, the process and timeline for revising the strategies. All revisions to the strategies must be approved by the City Council, before submitting them to the King County CDBG Consortium. The Human Services Commission has reviewed these proposed changes and recommend they be forwarded to the Parks, Recreation, Public Safety and Human Services Council Committee. At your February 9th meeting, staff will be seeking your comments, input and recommendation on the proposed changes before taking them to the City Council. Purpose The purpose for the suggested revisions are: 1) Ensure that the City's H&CD Four-Year Strategies are consistent with other City plans and policies such as the Comprehensive Plan and the Human Services Comprehensive Plan; 2) Inclusion of activities which are currently funded via the Federal Way CDBG program; and 3) Expansion of strategies and activities to encourage diversity and flexibility in funding options. Some areas within the H&CD Strategies have not been selected for revisions based on consistency and effectiveness of those strategies. These may include strategies and activities which will continue to be encouraged or are currently being implemented by contracted agencies. One strategy in particular addresses accountability by program participants which is consistent with the current trend toward outcome measures. Please review the following strikeouts and proposed changes which are double underlined: ~Page 1, First Paragraph, last sentence - and the Human Services Comorehensive Plan is added. ~Page 2, Needs Section #4 Infrastructure Improvement - flood Drain is revised to Surface Water and Pedestrian Crossing: is added. ~Page 2, Needs Section #5 Public Services - ptovide esscntial human sel vices in tile followihg areas is revised to meet the following: Citv Council human services Qoals Human So vice eategOlies are revised to reflect City Council funding priorities as taken from the Human Services Comprehensive Plan. ~Page 2, Strategy #lIActivity #1 - avCI the ncxt rom years, is deleted for flexibility. ~Page 2, Strategy #lIActivity #2 - avel tile ncxt rom years, and 'vVithin the next foUl yeals are deleted for flexibility, ~Page 3, Strategy #lIActivity #3 - Within the next year, is deleted for flexibility. Bullet #1 - assunlihg a kadelship tOle in establishing is revised to oarticioatinQ in. Bullet #4 is added to reflect current activities. ~Page 3, Strategy #2/Activity #1 - avel the next roUl yeatS, arId with dileetioh [tOm tile City Council, establish pliOlity aleas is revised to The Citv will seek oooortunities. ~Page 3, Strategy #2/Activity #2 - avo the next two years, is deleted for flexibility and consider fundinQ is added for consistency. ~Page 3, Strategy #2/Activity #3 - WitIlin the next roUl years, is deleted for flexibility. tow= income neighbOlhood IC\iitalizatiol1 plojeets is revised to add specificity and the consideration of various revitalization activities. ~Page 3, Strategy #2/Activity #4 - Within the next foUl years, is deleted for flexibility. ~Page 4, Strategy #3/Activity #J - avo the next rom years, is deleted for flexibility. ~Page 4, Strategy #3/Activity #2 - 'vVithin the next tIuee years, and a vel tile next till" yeats, are deleted for flexibility. ~Page 4, Strategy #3/Activity #3 - avet the next two years, is deleted for flexibility. ~Page 4, Strategy #3/Activity #4 is added to encourage diversity and full utilization of planning and administration funds. Timeframe These proposed revisions to the H&CD Four-Year Strategies were reviewed by the Human Services Commission in January. As a result of commission feedback, the proposed revisions are being forwarded to the Parks, Recreation, Public Safety and Human Services Council Committee in February and then on to full Council in March. Any adopted revisions to a particular jurisdiction's strategies are due to the King County Housing and Community Development program by April 1, 1998. If you have any questions about the strategies or proposed revisions, please call me at 661-4153. January 28, 1998/REVSTRAT.MEM Committee Options 1. Approve strategies as presented by staff to full Council. 2. Approve strategies as amended and forward to full Council. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member: Committee Member G:\CLERK\CMTE.REC 3/11/96 CITY OF FEDERAL WAY 1996-1999 Housing and Community Development Plan Four-Year Strategies The Housing and Community Development Plan evolved from the 1993 Community Development Block Grant (CDBG) Local Program Policies. The four-year strategies within the Plan were developed in 1994 and updated in 1995. These strategies provide guidelines for the allocation of CDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth Management Act and the Human Services Comprehensive Plan. Goal Statement Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challenge of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use CDBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and expanding economic opportunities for low- and moderate- Income persons. Objectives . To fund projects which address local needs and strategies . To ensure that the basic human services needs of low- and moderate-income persons are addressed . To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations . To preserve the existing housing stock . To stimulate economic development and strengthen the City's infrastructure Needs The City of Federal Way has identified housing and non-housing community development needs through public involvement activities, studies, needs assessments, and planning processes. 1. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health and safety problems. .. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stock. Page 2 City of Federal Way Four- Year Strategies cont. Needs 3. Accessibility - Modifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. 4. Infrastructure Improvement - Neighborhood revitalization projects such as Hood Drain Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. 5. Public Services - Projects which pro'v'ide essential human services in the following areas meet the following City Council human services goals: emergency and Dasic Survi-val Needs, Child Care, Sclf- Support Development, Victims Assistance, Children and Youth SErvices, Senior Ser-viees, Outreach to Dthnieally and Culturally Di v"erse Populations, and Pamily Stabilization Serv-iees esuooort basic human needs throul:!h fundinl:! of emerl:!encv services: esuooort a stronl:! service delivery system that increases oublic safety: eorovides suooort that suoolements federal. state. and countv orOl:!rams desil:!ned to increase self-sufficiency and indeoendence: e and suooort service models that imorove community-based collaboration and build stronl:! neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. Strategies Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the community's decision to incorporate. Over the next four years-; The City will maintain a Housing Rehabilitation Loan and Grant Program to maintain health and safety standards in the homes of low- and moderate-income households and persons with disabilities. Activity 2 According to established service providers, suburban homelessness is increasing. There is a limited supply of transitional and emergency shelter facilities in South King County to meet this overwhelming need. O'ver the next four years, The City will continue to support local and regional shelter and transitional housing service providers. Within the next four years The City will encourage and support more homelessness prevention services, including youth shelter services. Page 3 City of Federal Way Four- Year Strategies cont. Strategy #1, Activity 3 Activity 3 'Nithin the next year, The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families: . The City will consider assuming a leadership role in establishing participating in a South King County regional entity to address housing needs. . The City will assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. . The City will look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. . The City will consider funding homeownership programs such as downpayment assistance, sweat equity, homebuyer education, community land trust or those that reduce development costs or reduce mortgages. Strategy #2 rrioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Activity 1 Over the next fDtu years, and with direction from the City Council, establish priority areas The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. Activity 2 Over the next two years, The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well-being of youth, elderly, and disabled persons. Activity 3 Within the next four years, The City will consider funding low income neighborhood rev italiz:ation projeeB proiects which encourage community development activities such as iob creation. downtown and neighborhood revitalization, and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. lctivity 4 V/ithin the next four years, The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Page 4 City of Federal Way Four - Year Strategies cont. Strategy #3 Strategy #3 Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. Over the next four years, The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. Within the next three years, The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. Ovcr the next three ycars, The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. Activity 3 Ovcr thc ncxt two ycars, The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a continuum of care for people. Activity 4 Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available. special planning projects will be considered. January 7, 1998/REVSTRAT.98