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HomeMy WebLinkAbout09-19-2023 Council Packet - RegularCITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* September 19, 2023 — 6:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • Introduction & Swearing -In of New Police Officers: Officer Laine McCann, Officer Catrina Fletcher, Officer William Mann, Officer Alejandra Jacobo, Officer Trevor Funk, and Jail Transport Officer Amber Matlock • Community Center Update — Parks Director John Hutton • Recent Events: Kiwanis 32nd Annual Golf Tournament (9/8), South King Fire and Rescue 9-11 Recognition (9/11); Chamber Quarterly Update (9/13) • Upcoming Events: Wal-Mart Grand Re -opening Store Celebration on September 22 at 8:30 a.m.; Taste of Federal Way at the Farmers Market on September 23 at 11a.m.; Mayor's Day of Concern, Food Drive on October 7 at 10 a.m. 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. PRESENTATIONS a. Proclamation: Constitution Week September 17-23 b. Arts Alive Recognition — Arts Commission The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: September 5, 2023 Regular Meeting Minutes b. Limited License between the City of Kent and the City of Federal Way c. 27th Ave SW at SW 344th St Compact Roundabout - Approval to Award d. Authorization to Apply for Transportation Grant Funding e. T-Mobile LLC Site Lease Agreement - Lakota Park f. T-Mobile LLC Site Lease Agreement — BPA/Twin Lakes g. Authorization to Add New Position to Public Works — Sr. Traffic Reviewer h. King County Sheriff's Office Registered Sex Offender Cost Reimbursement Agreement for 2023-2024 i. WASPC Funding for use of Force and Duty to Intervene Training j. MOU with the Historical Society of Federal Way k. Heritage Capital Project Grant Acceptance - Brooklake Community Center I. Authorization to Apply for Local Parks Maintenance Grant for Saahalie Park 8. PUBLIC HEARING a. Resolution: Assessment Roll for Steel Lake Management District Staff Report: Dan Sternkopf, Water Quality Specialist Public Comment — 3 minutes each 9. ORDINANCES Second Reading/Enactment a. Council Bill #861/Multi-Family Tax Exemption (MFTE) Application Deadline AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO MODIFYING THE CITY'S MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX EXEMPTION PROGRAM; AMENDING FWRC 3.30.010, 3.30.040, 3.30.050, AND 3.30.060. (AMENDING ORDINANCE NOS. 03-438, 09- 606 AND 23-964) The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 10. COUNCIL REPORTS 11. EXECUTIVE SESSION a. Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i) 12. ADJOURNMENT The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.cityoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 4% CITY OF VZ�:� Federal Way PROCLAMATION "Constitution Week" WHEREAS, September 17, 2023 marks the two hundred and thirty-fifth anniversary of the drafting of the Constitution of the United States of America by the Constitution- al Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, Public Law #915 signed by President Dwight D. Eisenhower in 1956 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th as Constitution Day; and WHEREAS, celebrations are to emphasize citizens' responsibilities for protecting and defending the Constitution as we preserve it for posterity; to inform the people that the Constitution is the basis for America's great heritage and the foundation for our way of life, and to encourage the study of historical events which led to the framing of the Constitution in September 1787. NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way do hereby proclaim September 17-23, 2023 to be "CONSTITUTION WEEK" in Federal Way, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 and reflect on our heritage of freedom. SIGNED, this 19th day of September, 2023. FEDERAL WAY AM YOR AND CITY COUNCIL /� L,_"V , // Jack Walsh, Councilmember Linda Kochmar, Cou ii President is sefa-Claw ❑ timemGer HoangfV.TTraann, Councilmember ^^ ,�ck Dovey, Cobnciimember COUNCIL MEETING DATE: September 19, 2023 _ ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the September 5, 2023 Regular Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ ❑ City Council Business ❑ Resolution ❑ Public Hearing Other STAFF REPORT BY: Stephanie Courtney, City.Clerk DEPT: City Clerk Attachments.: September 5, 2023 Regular Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A DIRECTOR APPROVAL: J q Id, Council imunllDale Initial/Date N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall - Council Chambers* September 5, 2023 - 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 p.m. j0Rj4*&T City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell excused Councilmember Tran's absence. COUNCIL PRESIDENT KOCHMAR MOVED TO THE DAY CENTER; DEPUTY MAYOR HOND follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember McDaniel yes A AMEND THE AGENDA TO ADD A REPORT ON SECOND. The motion passed unanimously as Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes 3. MAYOR'S EMERGING ISSUES AND REPORT • South King Fire & Rescue recognition of Federal Way Police Department Interim Fire Chief Van Valkenburg presented a plaque of appreciation to Chief Hwang and the Federal Way Police Department to acknowledge the cooperative assistance the department officers provide on scene. He thanked the officers who assisting with EMS when first on scene, and has many times made the difference between life and death. Chief Hwang thanked Chief Van Valkenburg for the recognition and noted his appreciation for the partnership with their Emergency Medical Services (EMS) partners. Federal Way City Council Regular Minutes Page 1 of 7 September 5, 2023 • Day Center Update Mayor Ferrell reported on a recent citizen -reported incident at the Day Center involving an open flame. Chief Hwang provided the details on the response by officers to a report of a fire at the Day Center on Saturday evening. Community Development Director Keith Niven reported on multiple follow-up meetings with the Day Center staff following this incident and they are collectively working towards compliance. Councilmembers thanked Chief Hwang and Director Niven for the update and noted increasing concern with life -safety and code compliance issues. Council would like a report at a future meeting that provides more detailed information on services provided and the number of individuals served by the Day Center. Mayor Ferrell stated staff will prepare a report for the first meeting in October. ® Update on Federal Way Community Center Parks Director John Hutton provided a brief report on the status of the Community Center repairs and updates: the facility is currently closed for an annual deep cleaning and repairs which include paint, hardwoods, walls repairs. He noted the pool and locker room repairs are progressing and the leisure pool will be re -opening soon. Recent & Upcoming Events in the Community Mayor Ferrell was pleased to report on a very successful Back -to -School Haircuts event on August 28 which provided free haircuts to hundreds of local students. He thanked Kristin Speakman, owner of Bella Red Salon who organized over 45 crew members and stylists who made this event possible. He further reported on the annual Kids Day and Summer Sounds Concert at Steel Lake Park on August 9; his attendance at the grand opening of the new Lakehaven Headquarters Building; and the Lions Club Annual Car Show at the Commons Mall on August 26. He also highlighted the Run -with -the -Cops fundraising fun run on August 26 to benef the Special Olympics; the grand re -opening of Ranz Law Office on August 30; and attending Fire Chief Dave Mataftin's retirement celebration on August 29 acknowledging his 47 years of service in fire service. Mayor Ferrell also updated on the former Target building demolition which is nearing completion. He noted the Kiwanis 32nd Annual Golf Tournament will be September 8 and looks forward to the Taste of Federal Way at the Farmer's Market on September 23. Back -to -School Pedestrian Safety Reminder Deputy Chief Sumpter reminded the public school is back in session and asked drivers to pay better attention to the road, speed limits, and to anticipate pedestrians. 4. PUBLIC COMMENT Ron Walker is the Chair of the City's Martin Luther King Day Celebration and shared some ideas for the upcoming event scheduled for January 2024. Federal Way City Council Regular Minutes Page 2 of 7 September 5, 2023 Geoffrey Tancredi expressed concerns about homeless individuals he believed took shelter in the old Target building are now beginning to congregate around the Performing Arts and Event Center area and stairs. Susan Strong shared the property owner of Dollar Tree removed the large tree behind the store which was a location frequented by homeless individuals. Ken Blevens thanked the Mayor and Council and expressed gratitude for the addition of the report on the Day Center. He feels the Day Center has attracted homeless drug addicts from other areas and states. Carolyn Hoover gave thanks for the attention to the problems at the Day Center and is concerned drug use in this area has increased. She also shared about an individual who has been living unsheltered on a property adjacent to the center for four years. Anna Patrick questioned the licensing of the Day Center; specifically, whether or not it qualifies as a shelter. She also shared crime statistics she obtained from Valley Communications 911. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh noted the August meeting was canceled and the next meeting will be September 12 at 5:00 p.m. in Council Chambers. The agenda will include a discussion on potential signage discouraging panhandling. Land Use/Transportation Committee (LUTC) Councilmember Dovey reported the next meeting will be held September 11 at 5:00 p.m. Finance, Economic Development Regional Affairs Committee (FEDRAC) No report was provided. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported the next meeting is Wednesday, September 13 where they hope to review grant applications. Deputy Mayor & Regional Committees Report Deputy Mayor Honda congratulated the Fire Chief on his retirement and thanked him for his long public service. She noted there is free financial advice available for seniors at the community center; details will be posted to the Council's social media. She reported on attending various regional meetings including Sound Cities Association (SCA) and Seattle -King County Public Health. She would like to reach out to the Sister City in Ukraine to see if there is any assistance the city can provide. Council President Report Council President Kochmar reported on attending the free haircut event at Town Square Park; she thanked Bella Red Salon and Kristin Speakman for the event. She reported reaching out to regional leaders requesting assistance with the County Executive for public health concerns and noted safety concerns with lithium batteries in electric scooters. 6. CONSENT AGENDA a. Minutes: August 8, 2023 Regular and Special Meeting Minutes b. Authorization to Apply for and Accept the Stormwater Capacity Grant c. Amendment to the Comprehensive Garbage, Recyclables, and Compostables Collection Contract Federal Way City Council Regular Minutes Page 3 of 7 September 5, 2023 d. 2022 Pavement Repair Project — Project Acceptance COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH D; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes 7. COUNCIL BUSINESS a. Therapeutic Courts Interagency Agreement Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Judge Dave Larson provided information on a grant award to continue the Peer Navigator program that assists individuals through the steps of the legal system. Peer Navigators are barrier -free consultants who have experience with what can be an overwhelming system for some. He noted additional funds will be applied to fund domestic violence treatment and the moving of the Community Court program to the Regional Library in an effort to remove any impediments to success. Council thanked Judge Larson for his work and asked various clarifying questions regarding partnerships, confidentiality, success metrics, and domestic violence treatment. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS THERAPEUTIC COURTS INTERAGENCY AGREEMENT; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes b. ARPA Grants for Economic Development Economic Development Director Tanja Carter outlined the fourteen (14) programs proposed to be included in the disbursements of the $750,000 of ARPA funding the Council allocated to supporting economic development. Ms. Carter noted the proposed projects will support business growth, business retention and attraction, tourism, and workforce development. Council thanked Director Carter for her presentation and asked clarifying questions. After further discussion, Council requested this item go back to Council Committee for further input and consideration. In response to a timing question, Finance Director Steve Groom noted the funds must be obligated by 2024 and spent by December 31, 2026. DEPUTY MAYOR HONDA MOVED TO ADD THE PROPOSED ARPA GRANT PROJECTS TO THE NEXT FEDRAC AGENDA ON SEPTEMBER 26; COUNCILMEMBER MCCDANIEL SECOND. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes September 5, 2023 Page 4 of 7 c. Department of Commerce Middle Housing Grant - Authorization to Apply Senior Planner Chaney Skadsen provided information on a Washington State Department of Commerce for a Middle Housing grant. The grant has no local match requirement and will be used to implement House Bill 1110 (2023) supporting the development of middle housing. Under the grant, Federal Way would be eligible for a maximum amount of $75,000. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED APPLICATION FOR THE WASHINGTON STATE DEPARTENT OF COMMERCE MIDDLE HOUSING GRANT; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes 8. ORDINANCES First Reading a. Council Bill #861/Multi-Family Tax Exemption (MFTE) Application Deadline_ AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO MODIFYING THE CITY'S MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX EXEMPTION PROGRAM; AMENDING FWRC 3.30.010, 3.30.040, 3.30.050, AND 3.30.060 (AMENDING ORDINANCE NOS. 03-438, 09-606 AND 23-964). Community Development Director Keith Niven provided information on the proposed ordinance that outlines the procedural deadlines associated with a developer applying for the Multi -Family Tax Exemption. Director Niven noted this ordinance does not change or alter the exemption in any way, it simply allows for more flexibility as it relates to the timing. Council asked various clarifying questions specific to the tax credit itself, if this change is more `developer friendly', and the timeline other local jurisdictions follow. No public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 19, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed 5-1 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel no Second Reading/Enactment b. Council Bill #858/202312024 Biennial Budget Amend ment/APPR_OVED ORDINANCE NO. 23-966 T AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance Nos. 22-941 and 23-959) Federal Way City Council Regular Minutes Page 5 of 7 September 5, 2023 City Clerk Stephanie Courtney read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes c. Council Bill #859/Residential Open Space Comprehensive Plan Amendments/APPROVED ORDINANCE NO. 23-967 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THE PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO FACILITATE AN UPDATE TO THE METHOD FOR CALCULATING OPEN SPACE FOR RESIDENTIAL SUBDIVISIONS (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00- 372,01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938, 23- 954, AND 23-956). City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes d. Council Bill #860/Residential Open Space Subdivision & Zoning Code Amendments/APPROVED ORDINANCE NO. 23-966 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO RESIDENTIAL OPEN SPACE; AMENDING FWRC 18.55.030, 18.55.040, 18.55.060, 18.60.030, 19.05.030, 19.05.150, 19.100.070, 19.125.060, 19.200.0201, 19.200.040, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.050, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.225.070, 19.225.075, 19.230.060, 19.230.065, 19.240.085, AND 19.115.115 (AMENDING ORDINANCE NOS. 90-41, 90-43, 93-170, 94-223, 96-270, 97-291, 98-309, 98-330, 99-333, 00-375, 01-381, 01-385, 01-399, 02-423, 02-424, 03-450, 05-506, 06-515, 06-542, 07-545, 07-554, 07-559, 08-583, 08-585, 09-593, 09-605, 09-610, 10-652, 10-658, 10-678, 12-724, 12-727, 12-735, 13-754, 16-822, 17-834, 20-898, 21-921, 22-929, 22-932, 23-949, AND 23-958) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes September 5, 2023 Page 6 of 7 9. COUNCIL REPORTS Councilmember Assefa-Dawson shared a personal story regarding a family member who struggles with addiction, and noted a personal connection with a family in Seattle who has been affected by senseless gun violence. Councilmember McDaniel noted he enjoyed the time off and is excited to be back; he is taking the opportunity to listen and learn. Councilmember Walsh, referencing the recent natural disasters in Hawai'i and Florida, requested a study session to outline the roles and responsibilities of the Council in the case of an emergency. Councilmember Dovey noted there are available seats for the free financial literacy class that begins on Thursday, November 14 at the Federal Way Community Center. He is happy to see this move forward and believes it will be a tool in learning how to become better stewards of money. Deputy Mayor Honda noted the Kiwanis Golf Tournament is raising money to provide services for children. She noted the Federal Way Kiwanis Club recently donated funds to the club in Maui to help with the devastation caused by the wildfires. She updated the Council on events at the Tool Library, the Farmer's Markets, and a benefit concert to support Loving Angels. She thanked Kristin Speakman for her work on the free haircut event noting she volunteered and enjoyed seeing the happy kids. Council President Kochmar thanked Councilmember Walsh for the study session suggestion agreeing a presentation on emergency management would be timely and appreciated. She also referenced the benefit concert at the Performing Arts and Event Center for the Loving Angels program who help the very ill. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:11 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 September 5, 2023 7b COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LIMITED LICENSE AGREEMENT WITH THE CITY OF KENT POLICY QUESTION: Should the Council authorize entering into a limited license agreement with the City of Kent to provide conduits for the city of Federal Way's fiber optic network? COMMITTEE: LUTC MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other r' STAFF REPORT BY: John Dole, E.LT.f DEPT: Public Works/Engineering Attachments: 1. LUTC Memorandum dated September 11, 2023 2. Limited License Agreement between the City of Kent and the City of Federal Way 3. Exhibit A — Legal Description of Licensed Area 4. Exhibit B — Map of Licensed Area Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMM TION: Option 1. MAYOR APPROVAL�� DIRECTOR APPROVAL: *� C� C' i �uuac Initial/Date 1 ial.' atC lnitial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the September 19, 2023 consent agenda for approval. K /A Jack Dovev. Committee Chair a h. i ee Member Hoana Tran. Committee Member PROPOSED COUNCIL MOTION: " 11770 approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE. COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Cole, E.I.T., Civil Engineerk,�, SUBJECT: Limited License Agreement with the City of Kent Financial Impacts: The Limited License Agreement between the City of Kent and the City of Federal Way will be a no cost agreement. The cost associated with this agreement are covered under the Fiber Loop Project and was included within the approved Capital Transportation Budget (Fund 306, Project 239) and is funded by Sound Transit Mitigation Fees. Upon completion of the Limited License between the City of Kent and the City of Federal Way, future costs associated with the Fiber Loop Project will be operations and maintenance which are anticipated to be relatively minor covered by the Information Technology budget, except for instances where the fiber optic system is significantly damaged. Background Information: This Limited License between the City of Kent and the City of Federal Way will allow the connection on S 272nd St, between S Star Lake Road and Pacific Highway S of the Fiber Loop Project. A portion of this .path will be the sharing of a 3-inch conduit provided to the City of Kent by Sound Transit, the remainder will be access to City of Kent's right-of-way to install two City of Federal Way 3-inch conduits. In exchange for use of right-of-way and a portion of City of Kent's conduit, the City of Federal Way will install and supply one empty 3-inch conduit for the City of Kent's use. Funding: This is a no cost agreement between the City of Federal Way and City of Kent. Rev 7/18 LIMITED LICENSE BETWEEN THE CITY OF KENT AND THE CITY OF FEDERAL WAY PARTIES THIS LIMITED LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("Kent"), and the City of Federal Way, a Washington Municipal Corporation ("Licensee"). RECITALS 1. This License will authorize the installation and maintenance of innerduct within one 4-inch diameter conduit within Kent's right-of-way on S. 272nd Street (between Star Lake Road and approximately 500 feet east of Pacific Highway South). 2. The installation of the 4-inch diameter conduit will take place as part of the traffic mitigation work associated with the Sound Transit Federal Way Link Extension project ("FWLE Project"). 3. Additionally, this License will also govern the terms of the installation of and payment for one 2-inch diameter conduit for Kent from Pacific Highway South to 500 feet east. NOW, THEREFORE, KENT AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. Kent grants this License ("License") for a period of ten (10) years from the Effective Date (the "Term") for Licensee to install and maintain one 1.5 -inch diameter innerduct within one 4-inch diameter conduit within Kent's right-of-way on S. 272"d Street (between Star Lake Road and approximately 500 feet east of Pacific Highway South) ("Facilities") across, along, in, upon, and under the portions of Kent's right-of-way described in Exhibit A ("Licensed Area"). This 4-inch diameter conduit will be equally shared between the parties. Kent and Licensee agree that this License shall automatically renew at the end of the Term, and a new ten (10) year Term shall commence, unless terminated as provided in Section 3 of this License. A general description of the plans and specifications for the installation and maintenance of these Facilities is attached as Exhibit B. This License is subject to all the terms and conditions established below. LIMITED LICENSE --Page 1 of 10(between City of Kent and City of Federal Way) 2. Installation of Facilities. 2.1 Kent will direct the installation of the Facilities (the one 4-inch diameter conduit for Licensee to share with Kent) on S. 272nd St. between Star Lake Road and approximately 500 east of Pacific Highway South. 2.2 Licensee will direct the installation of one separate 2-inch diameter conduit for Kent on S. 272nd from Pacific Highway South to approximately 500 feet east. 3. Damage to Licensed Area and Restoration. Licensee shall repair any damage to the Licensed Area caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Facilities on the Licensed Area. Upon revocation, termination, or expiration of this License, Licensee shall restore the Licensed Area to its original condition prior to the issuance of the License. Such restoration obligation shall survive the expiration of this License. 4. Revocation and Termination. The intent of this License is to authorize Licensee to install and maintain the Facilities on the designated Kent right- of-way, which right-of-way constitutes a valuable property interest owned by Kent. This License does not grant an estate in the land described as the Licensed Area; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude Kent from full possession of the Licensed Area. As a License upon real property, it is revocable at the will of Kent. However, prior to termination or revocation by Kent, Kent shall provide Licensee with at least thirty (30) calendar days' written notice of termination or revocation. Upon receipt of such notice from Kent, Licensee is required to remove all Facilities and restore the Licensed Area pursuant to Section 3. If Licensee fails to remove the Facilities within the allotted time, Kent may remove all or part of the Facilities, restore the Licensed Area, and recover the costs of such removal and restoration from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of Kent's removal of all or part of the Facilities. 5. Permits Required. Kent's grant of this License does not -release Licensee from any of its' obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect the Facilities. Licensee's failure to comply with this Section shall constitute grounds for immediate revocation by Kent. 6. Maintenance. Licensee shall maintain the Facilities and Licensed Area in a clean, well -kept, orderly, and safe condition to the satisfaction of Kent. Licensee shall promptly make repairs at Licensee's cost, as necessary, to ensure the Facilities and Licensed Area are kept in good condition to the satisfaction of Kent. LIMITED LICENSE --Page 2 of 10(between City of Kent and City of Federal Way) 7. Relocation of Facilities. Whenever Kent causes the grading or widening of the Licensed Area or undertakes construction of storm drainage lines, lighting, signalization, sidewalk improvement, pedestrian amenities, or other public street improvements and such project requires the relocation of the Licensee's then existing Facilities within the Licensed Area, the following shall take place: (a) Kent will consult with Licensee in the predesign phase of any such project. Kent and Licensee agree that cost to taxpayers will be a significant consideration in consultations regarding the design of any such project. (b) After receipt of written notice from Kent, Licensee shall design and relocate Facilities within the Licensed Area within 90 days, unless the parties agree on a different time period. The parties will work in good faith and use their best efforts to coordinate their project schedules to avoid delay to Kent's project. (c) The relocation shall be at the Licensee's sole cost. S. Location of Facilities. 8.1 Upon written request of Kent, or a third -party performing work in the right-of-way, and in order to facilitate the design of Kent streets and right-of-way improvements, Licensee agrees, at its sole cost and expense, to locate, and if determined necessary by Kent, to excavate and expose its Facilities for inspection so that the Facilities' location may be taken into account in the improvement design. Kent shall provide Licensee at least fourteen (14) calendar days' written notice prior to any excavation or exposure of Facilities. Licensee shall be responsible for any delays due to failure to locate its Facilities when requested, except that Licensee shall not be responsible for delays or damages due to circumstances beyond the control of the Licensee. 8.2 Licensee shall provide Kent with as -built drawings of the Facilities within Kent right-of-way at no cost to Kent. 9. Emergency. In the event of any emergency in which any portion of the Facilities breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two (2) business days. LIMITED LICENSE --Page 3 of 10(between City of Kent and City of Federal Way) 10. Indemnification. Licensee shall comply with the following indemnification requirements: 10.1 Licensee shall defend, indemnify, and hold Kent, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all third party claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, except to the extent caused by the negligence of Kent, its employees, agents, contractors, or invitees. 10.2 Kent's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 10.3 These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify Kent for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee shall indemnify and hold Kent harmless as provided for in this Section 10 by reason of that settlement. Moreover, if Licensee refuses to defend Kent against claims by third parties in violation of section 10.1, Licensee shall indemnify Kent regardless of whether the settlement of such claims is made with or without Licensee's consent. 10.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 10 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a refusal in violation of section 10.1, then Licensee shall pay all Kent's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including Kent's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 10 indemnification clause. 10.5 The provisions of this Section 10 shall survive the expiration or termination of this License. 11. Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work by Licensee. Licensee also agrees to require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants, or assigns performing work under the scope of this License and to assure that such coverage is 11.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: LIMITED LICENSE --Page 4 of 10(between City of Kent and City of Federal Way) 11.1.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 11.1.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 11.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 11.2 Any payment of deductible or self -insured retention shall be the sole responsibility of Licensee. 11.3 Kent, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming Kent as an additional insured. 11.4 Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 11.5 Licensee's insurance shall be primary insurance as respects Kent, and Kent shall be given thirty (30) calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. 12. Modification. This License may not be modified, altered, or amended unless first approved in writing by both Kent and Licensee. 13. Assignment. Licensee shall not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of Kent, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with Kent together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with Licensee so LIMITED LICENSE --Page 5 of 10(between City of Kent and City of Federal Way) long as notice of same is provided to Kent and provided Licensee remains fully liable to Kent for compliance with all terms and conditions of this license until such time as Kent shall consent to such assignment as provided above. 14. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License. 15. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 10. 16. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: KENT: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 LICENSEE: City of Federal Way Attn: El Walsh 33325 8th Ave. South Federal Way, WA 98003 17. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 18. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, Kent and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below (Effective Date). LIMITED LICENSE --Page 6 of 10(between City of Kent and City of Federal Way) 19. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. This License is executed and shall become effective as of the last date signed below. CITY OF KENT CITY OF FEDERAL WAY By: By: Print Name: Dana Ralph Print Name: Jim Ferrell Its: Mayor Its: Mayor Date: Date: P-\Civil\Forn Deeds,Easements,QuitClmmDeed,Leases\Limited License Agreement do" LIMITED LICENSE --Page 7 of 10(between City of Kent and City of Federal Way) STATE OF WASHINGTON ) ss. COUNTY OF KING I hereby certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED LICENSE --Page 8 of 10(between City of Kent and City of Federal Way) STATE OF WASHINGTON ) ss. COUNTY OF KING I hereby certify that I know or have satisfactory evidence that Jim Ferrell is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of City of Federal Way as its Mayor" and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at _ My appointment expires LIMITED LICENSE --Page 9 of 10(between City of Kent and City of Federal Way) EXHIBIT A LEGAL DESCRIPTION OF THE LICENSED AREA LIMITED LICENSE --Page 10 of 10(between City of Kent and City of Federal Way) Exhibit A Licensed Area THE NORTH 50 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN THE CITY OF KENT CORPORATE LIMITS AS ESTABLISHED UNDER CITY OF KENT ORDINANCE NO. 3351. ALSO, THE SOUTH 30 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. ATM-40 Fat 272nd- IF ff HiWal FfiLm 01.et •City LOnLIO into existing JB 'here City will L;UIIURILb IUU r-dU-FmK:j pull fiber to include separate conduit for -City of Kent P .6m Ilk Itmity Seattle Town Car The BLVD apartmentsr,�,:ierAa U rA-,-Wf ■ mmbozrij -NOP i Q Fed Way fiber eXtend i F113 to to here. jl fd L 7c COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 27TH AVE SW AT SW 344TH ST COMPACT ROUNDABOUT - APPROVAL TO AWARD POLICY QUESTION: Should the Council authorize staff to award the 27th Ave SW at SW 344th' St Compact Roundabout Project to the lowest responsive, responsible bidder and authorize the Mayor to execute the contract? COMMITTEE: Land Use and Transportation MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole ' -z DEPT: Public Works Attachments: ^ 1. Land Use and Transportation Committee memorandum dated September 11, 2023 2. Bid Tabulation Options Considered: 1. Approve the award of the 27" Ave SW at SW 344' St Compact Roundabout Project to Active Construction, Inc., the lowest responsive, responsible bidder, in the amount of $697,697.00 and approve a 10% contingency of $69,769.70 for a maximum contract amount of $767,466.70 and authorize the Mayor to execute the contract. 2. Do not approve the proposed award for the 27th Ave SW at SW 344th St Compact Roundabout j! o ect and.provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: CZY4? DIRECTOR APPROVAL: InitibuDate COMMITTEE RECOMMENDATION: I move to forward Option I to the September 19, 2023 consent agenda for approval. N is - Jack Dovev. Committee Chair J ]C a] h, ominittee Member IIoanP Tr Committee Member PROPOSED COUNCIL MOTION: "I role to approve the award of the 27"' Ave SW at SW 344"' St Compact Roundabout project to Active Constk;tion, Inc., the lowest responsive, responsible bidder, in the amount of $697, 697.00 and approve a 10% contingency of $69, 769.70 for a maximum contract amount of $767,466.70 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, Public Works Directo John Cole, Civil Engineer SUBJECT: 27th Ave SW at SW 344th St Compact Roundabout - Approval to Award Financial Impacts: The cost to the City for the 27th Ave SW at SW 344th St Compact Roundabout project was included within the approved budget under the Public Works Department, Capital Project #36232. In accordance with the approved budget, this item is funded by a federal HSIP grant, Real Estate Excise Tax, and Traffic Impact Fees. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted during the budget process. Background Information: Ten bids were received and opened on Aj4gust 25, 2023 for the 27th Ave SW at SW 344th St Compact Roundabout project. See attached bid tabulation. The lowest responsive, responsible bidder is Active Construction, Inc.. Financial Summary: .ESTIMATED EXPENSES Design Construction Contract Construction Contingency (10%) Construction Management & Inspection TOTAL ESTIMATED EXPENSES ESTIMATED REVENUES Federal HSIP Grant Real Estate Excise Tax (REST) Traffic Impact Fees (TIF) TOTAL ESTIMATED REVENUE $170,000.00 $697,697.00 $69,769.70 $164,033.30 $1,101,500.00 $877,500.00 $180,000.00 $180,000.00 $1,237,500.00 Rev. 7/18 �lms�rayl] r a,^.�,i�T�nS'R. ... •, r 3Fr�il EET•:�.9� Ei �� a � 9v rOMNI=— te'-'�--1�•s' -"' tixs-.:rt�4' hL ' Ii�ns --. 11EN[9_•I§]r .•rnLi�l FFn 'aaai4l'' ..A7!^It 2fi1 7il�i�i^ �4�^-"�S iA^®i i$EF' •r �. •i �7F7 �d C7monw- �A•..{7•FY�SR:}79J1�[Si:.':rs7 'ansrW::R� 3 "f•9 ,IMEM, .•., •. i ir7 iu[u[L .,., E= ]i�> 71 ID ,ar. rnrsrisc r C 5 7� • r;r. ©=rCYl1®�l�r:xay� F. q'_ ���•F�ci.�l°lrin MMFCqr- 7� �Cfl!'fi'.T.'•7�••.�1�i'6i �i�•'•1i�7�7"3T7�r: �-?�iKT4iAi�J�ra'g'��9i =��®ii��lEPJi� ff lmmn= EEZ;m •I n^�w"--®`��T+•T•.2i:iS•TR:Fi�i��ilf'LR�����!'�31TT7>�n��::i-sGxr'i7�f�f•'li£T•-•7�4:=1:•IrII•�y17- R'F T� i�sF's'R,: �Q'+)�T'^I�1P.+rL�F: _[h7�E' lw"�='pf+�E ®rAT.:G: W MOMEN �3'• � iE Ei?�] 1 own" F7 .'•Pn7O ���•• ���.�"T�•eaii 7 J ormn-9le��1®� ' l'L"- •' 0�=,��:'"•]L:� T""•"itRF'TAMEi�ast'�`_Ty"r'eTa����lR'��17i7�FS��T.'fwiFTt�.7�� i'Mr s`Ra�fGL1SG fi11511iL'tlii�sJt'��RLEI i�T�.'�YiSR'�9�S1�p.f1i3�T��EfF1 ElT.dFT �iI�A^:Y•�S' T71�E�1E� FSf'•. } E'!� �� _ - �@�RSa�'R�SinLi.ART"'�"TR7�i=�'��iiei�ii�7�SSf �f�il�:!•7�ii�IT'i'.'.�L7��7�i� mmmr �„� •,• �: .�.. r-'7����®ONEFFT-'-10MEn�Ml=� - .��T�7'IR��L1�71 ��L•^ui.49��� xer . �n^�:�1,�9.^.. i�r���'n�sr•"��9�®m�m��criam��+ ir�T•9!�[�C111���:�� •.�?i[s�..�'+���rn�r�l ME�����'_�•• No MISSION 0 F; �i mmmu= mom[= mm§DEM NINE= I'n�i1 ®m:. ®awe.�i'�i^_iJ�®siCRS���C•'�'£��_TC'��DSi��i�...4 s�1'I�1�5�1�'T" .'. ,'I���"' ii�77���� N3'C37.t� Ti_�S'1l�i�T'•4��1T�C7Tf11 �.'75�'��: F' � E?" .� 7 WWM=ff=mr=�9�iiC�t� 7 'ici �.�l ��"IL�RRAIOMFU"�•TI � ; '24Y.vf.T_cT_RTi_ MMOM Or.� :�: T Ci3 VC E�ClC�1 iii%li ' �7� ��T£aSK^���� Y.-' � 1 7 . 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NONE= .?J [:i %.•.•{X ?i '� IXX�I�' •: 1=7 rStT^1F1674Tn. d go=r® r3 MINEMW=Mm maMENF� r®m�a�rna^l�ax=l�rr� i r�vs�a MMM7� :Mxzr�ara lR+sr.lair•".�rmr"•.•�se•r•.•a ��ss-Ee�sr�ralr psiilmtP.�ls� rsra rs =ri^r ls�er ra arr9v�rw r�ro�m ra f1��t �•.� rr�srrrniir[ca[nr[ HISd om-�-•, wr � mxn � ':. o���r:•r•.•.isr�•ss�:�r•�Fsr-r �1VT�iP�i'♦t��[SF}�L.^•.�"L*![SF��--•i71 �-r�s�:pers•���-x-i�sr•��r•�,>�:n�m�xe�c� R5:,iI•'.•�'�p'+q, VsiiblIkiiS �: RF`.om*30F.•.��L7-'[�l�i ��.•�•.•L•7.•-e7FSA7�:�•i�l'�I[S�E..•. �.i�T•. ii. F'A?i:7 s�rv��a ��-•7±�3 ® m SIMON �Tl�r-�����nr� sir � n� sf[•-ors � n zs�m, �rr� [ �s4rv� r� ,: A�rxi54 �Aw all �'•f;, Mtn I�i.YFra�Si s rr.:xs 7r!vgrr r! i®E?11i]i��i�17�[•st^rinsxrii�r mmmmmsl�sx�m�ewxrm,r�rse►+nrm�le� irzm :aEr�is_.rrr�rsn�r.,7sim® mmC!mffil r.l r �����nl ���mc�lsr �..et�3 fl rifirnE��.��rsr r:������-z::�-��a-m�s=:r•^�•��rc-•rn= 1 .�ies�-aazsu+.t�sr.+ra MEDDEV 15 •5�:9r mi�YCS7EII r; ln'ra J ��•^�rr��lw. � �l�r� rr.±[rr�� I��r-�r��^-'#r�l�� �ll�''�' i!'➢C�I�e1t ;-� ; rN COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS POLICY QUESTION: Should the City Council Authorize Staff to Submit the Proposed Gant Applications for Transportation Projects? COMMITTEE: Land Use and Transportation MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CHRISTINE MULLEN, P.E. DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated September 11, 2023. Options Considered: 1. Authorize staff to submit the proposed grant applications for transportation projects. 2. Do not authorize staff to submit the proposed grant applications for transportation projects and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the September 19, 2023 Council Consent Agenda for Approval. MAYOR APPROVAL: DIRECTOR R R APPROVAL: !�✓ [ 1Z,DZ.3 �Cn ma a ou fl Initial/Date Initial/Date €ni1W[ 1 COMMITTEE RECOMMENDATION: I move to forward Option I to the September 19, 2023 Consent Agenda. ?A' -- N/A Jack Dvve ,Committee Chair Jac sh a ittee Member 1-loan Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to tithorize staff to submit the proposed grant applications for transportation projects. " (BELOW tO 6E COMPLETED EY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director 'yam Christine J. Mullen, P.E., Engineering Ma ager SUBJECT: Transportation Grant Funding Applications Financial Impacts: Match funding for the 21st Ave SW (SW 320t" St to SW 339" St) Preservation Project will be provided by a combination of Motor Vehicle Excise Tax (MVET) and Traffic Impact Fees (TIF). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance which is reviewed and adjusted during the budget process. Match funding for the S 320t" St (1st Ave S to Pacific Hwy S) Preservation Project will be provided by an existing grant. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance which is reviewed and adjusted during the budget process. Background Information: Staff evaluated eligible National Highway�System Routes against the 2025 NHS Asset Management Program scoring criteria and determined that 21st Ave SW (SW 320th St to SW 339" St) and S 320t" St (1 st Ave S to Pacific Hwy S) would likely be competitive in the grant funding program. These projects will be added to the Six -Year Transportation Improvement Program update as required for all grant funded projects. Project (Funding Estimated Possible Grant Other Grant Estimated Phase) Grant Project Cost Funds Funds City Match 21" Ave SW (SW 320" St to SW 3391h St) Preservation Project (Design and Construction NHS Asset $3,000,000 $2,400,000 $0 $600,000 Management Program S 320th St (1st Ave S to Pacific Hwy S) Preservation Project (Design and Construction NHS Asset $3,000,000 $1,500,000 $1,500,000 $0 Management Program Rev.7/18 7e COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: T-MOBILE LLC SITE LEASE AGREEMENT — LAKOTA PARK POLICY QUESTION: Should the City approve a site lease agreement with T-Mobile West LLC for use in its wireless communications services? COMMITTEE: LUTC MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFFREPORTBY: KentvanAlstyne DEPT: Law - - ........._ _ -_ Attachments: 1. Staff Report 2. Proposed Site Lease Agreement Options Considered: 1. Approve the proposed Site Lease Agreement and authorize the Mayor to execute. 2. Do not approve proposed Site Lease Agreement and provide direction to staff. MAYOR'S RECOMMEN�iTION: Option 1. MAYOR APPROVAL: r DIRECTOR APPROVAL: Ery-&-- T1JY J�3 tCnnuY' t� Ci~un�i ?� lnidsllU:ue COMMITTEE RECOMMENDATION: I move to forward the proposed T-Mobile LLC Site Lease Agreement to the, September 19, 2023 consent agenda for approval. —Ae Committee Chair 4m mittee Memb r Committee Member PROPOSED COUNCIL MOTION: "I move allprolal of the proposed T-Mobile LLC Site Lease Agreement and authorize the Mayor to sign said agreement ' I (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kent van Alstyne, City Attorney's Office W SUBJECT: T-Mobile West LLC Site Lease Agreement — Lakota Park Financial Impacts: The revenue to the City for T-Mobile West LLC Site Lease Agreement — Lakota Park will be $3,603.97 per month with an annual increase of 4% on January 1st of each calendar year during the term and renewal terms of the lease. Background Information: T-Mobile West LLC seeks to continue leasing property from the City through a site lease agreement for a portion of property located at Lakota Park to allow for operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the proposed site lease agreement indicate the exact location of the leased space. The proposed site lease agreement is for a five-year term that includes the option of three additional five-year terms upon written notice to the City. This agreement is substantially similar to other site lease agreements currently in effect for other companies. The City has had a site lease agreement in place with T-Mobile West LLC (formerly Voicestream PCS III) for this location since 2000. Rev. 7/18 4CITY OF CITY HALL Federal Way 33325 Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyoffederalway com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease" or "Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West LLC, a Delaware limited liability company ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T-MOBILE WEST LLC: T-Mobile USA, Inc. 12920 SE 38th St. Bellevue, WA 98006 Attn: Lease Compliance/SE04653A Re: Lakota Park Site 1-877-373-0093 (telephone) 1-813-353-6449 (facsimile) CITY OF FEDERAL WAY: Taryn Weatherford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2562 (telephone) 'I' ary is . we athe rford (ai c i ty o ffed eral wa. City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises, together with necessary space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then -existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. SITE LEASE AGREEMENT - 1 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF �t Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent $3603.97 Three Thousand Six Hundred Three and 97/100 Dollars ("Rent") per month. As this site is currently in holdover, Tenant shall make all payments necessary to bring Rent payments current within thirty (30) days of executing this Lease. Any rent previously paid from and after the Commencement Date shall be offset against the new Rent. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1st of each calendar year. C. Tenant previously paid the City one month's rent as a security deposit in the amount of Nine Hundred Seventy -Five and 00/100 Dollars ($975.00). Within thirty (30) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Two Thousand Six Hundred Twenty -Eight and 97/100 Dollars ($2,628.97) to raise the deposit to the standard amount of one month's rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned light fixtures, if any have been removed or broken by Tenant's installation of Equipment. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the SITE LEASE AGREEMENT - 2 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL �'%% Fed ra ay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City's request and within the reasonable time period prescribed by the City. However, such removal shall not be required to accommodate another carrier. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or SITE LEASE AGREEMENT - 3 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have sixty (60) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant's Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges SITE LEASE AGREEMENT - 4 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Fe d e ra Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Sub'ect to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co -location of other telecommunications facilities on the Premises but agrees such grant of rights will prohibit others from interfering with the then current equipment of Tenant. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Upon 10 days' written notice by City, in the event of an emergency, as SITE LEASE AGREEMENT - 5 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com determined by the City in its reasonable discretion; vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any willful act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the sole negligence or willful act of City and SITE LEASE AGREEMENT - 6 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL A Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederaWay com its officers, boards, commissions, employees, agents, attorneys, and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including, with the exception of workers compensation insurance, the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: ii. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. Tenant may satisfy the liability requirements herein through the combination of any primary and/or excess liability policy. ii. Commercial automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty 30 days prior written notice shall be given to City by the insurer of any cancellation, with the exception of 10 days for non-payment of premium, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers authorized to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, SITE LEASE AGREEMENT - 7 - 11/2022 TMO Site ID: SE04653A - Lakota Park arr of �t Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, provided, however Tenant may assign without City's prior written consent, to a parent, to any party controlled by, or under common control with Tenant or to any party which acquires 51 % or more of the stock or assets of Tenant. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. Quiet Enjoyment, Title and Authority. Tenant acknowledges that its rights are further subject to the Bonneville Power Authority ("BPA") transmission line easements recorded under King County Recording Numbers. 5151931 and 3252563. In the event such easements expire or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant, subject to BPA' s easements, that: a. City has authority to execute this Lease; SITE LEASE AGREEMENT - 8 - 11/2022 TMO Site ID: SE04653A - Lakota Park Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. SITE LEASE AGREEMENT - 9 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF ,,... Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederahvay com d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. All actions heretofore taken or authorized by the parties to this Lease with respect to the Equipment and Premises that are the subject of this Lease are ratified, approved, and confirmed in all aspects. 26. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [signatures to follow] SITE LEASE AGREEMENT - 10 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF Federal Way ATTEST: Stephanie Courtney, CMC, City Clerk CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahaay com CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: City Attorney, J. Ryan Call TENANT: T-Mobile West LLC, a Delaware limited liability company By: Name: Title: Date: T-Mobile West LLC STATE OF ) ss. COUNTY OF I certify that I know or have satisfactory evidence that 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 instrument and acknowledged it as the of T-Mobile West LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of My commission expires 2023. SITE LEASE AGREEMENT- TMO Site ID: SE04653A - Lakota Park 11 /2022 CITY OF CITY HALL o ©© 33325 8th Avenue South A Federal G raI Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com EXHIBIT A LEGAL DESCRIPTION OF PREMISES The property is legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF 21ST AVENUE SOUTHWEST, SOUTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS SOUTHWEST DASH POINT ROAD) AND SOUTHERLY OF SOUTHWEST 312TH STREET; AND THAT PORTION OF SAID SUBDIVISION LYING NORTH EASTERLY OF COUNTY ROAD NO. 980 (ALSO KNOWN AS 21ST AVENUE SOUTHWEST), SOUTHERLY OF SOUTHWEST 312TH STREET AND NORTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS DASH POINT ROAD). TAX PARCEL: 1221039016 SITE LEASE AGREEMENT - 12 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Fe d e ra I Way3325 Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahaay com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT SITE LEASE AGREEMENT - 13 - 11/2022 TMO Site ID: SE04653A - Lakota Park T Mobile SITE NAME: LAKOTA PARK SITE ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 T-MOBILE SITE NUMBER: SE04653A PROJECT: ANCHOR/ L600 PROJECT INFORMATION VICINITY MAP DIRECTIONS INDEX OF DRAWINGS WE NAME: EMOTA PARK CXRECn M WE (FROM T-MOBHE OFFICE, B0T11B.L WA): SHEET DESCRIPTION SRC hOO�LSr: 31W4 SW DASH MW AD HEKN ON 1x61 Is MIO L WAY, WA N3W3 GouNn: Kup couNn RIIm sIas • IIJIQN I6OiE Ts1TO NC 195TN >a LWB TH[ Lpr x Lwr3 m T1mN 1ETT PINTO *1e rrtERSTXTE am e T-I TRIE SHEET UTINDE 4T 19' 13 B' N (4].3MIM') /� • Frt:Aaroy��•w7 5 T-2 GENERAL 41I LOFCITUOE IZE 21' 37.2• W (-122.J60]33) B U E N N A IKgEEEPP L[n To STAY OY 140S 9 A_ 1 WE PIAN GROUND ELEVATNNN: E2W 0' AMSL STRIICNRE HOC.: 91'-6• (TOP OE POLE) • NRR R1911T lA PAY ON 4-A'd S EMI! ME WE ma 15 As fC C! MRELWO A-1.1 .W El) PLW JUPoSDICIION: FEDERAL WAY PARCEL 122103W16 TAKE IX 147 FOR 5 2]2ND ST • USE ME IEFT 2 LANES M TURN LEFT WOHAfi W A-1.2 A-2 EWIPYTM PLAN IOWER PPoIFlIE PARCEL SQE: A2 5 ACRE S/WA-509/PACIFIC HW1' SEum ZONING: SE ti T.mM TAT 5151 AVE SW W •o A-J C4N5RHJCRON DEDiRS IJCCL,PANCl. U MIRROP LAKE A 4 C110+I OE'Mi9 .w A-5 COmiM CObE LRIp IJ AREA CN•: m'd1>aII� IXISDNG/ND CHMIGE A W S(piiWH Dr7 CONSTHULmON _ : V-B F901nSHp ARSE UI NED TEAL WIFI� p" FPLILR/ -il y A-] CgISTPLICTJON DETWE9 A11110X'NA' REp•RE3POYTS: rAdM G EAnYaY17T ENO -01 rGR fiIA/4N NABRLrcw. HAAI L PPEO AM.Qs MOT INJ%ARED .. A-B L016R6KTglT DLTJILS RF-1 WrNNA C ..ILllRL1IW T3WFR OTtWEA: CR6 � mxft wAY RF-2 PLUMBING dAGRAM JJ]IS 91H AYE SLUM FEDERAL WAY, WA 96003 F TJM • BFn/ r RF-] 11'PIGL SECFOR SFP E-I EOU9'ER]NT EICGTAK L/PBOWPNo w,nN PROPEM OOKER: Cm OF FEDERAL WAY E-2 33325 BM AVE SOUTH EEDFIU_ WAY, WA 9600J E-3 WIPoNG OIYALWS OM APPLICANT: IWINIE IB60] NORTH CREEK PXWi N ' E-L PMENNA CRWNdNG SCHEAUTIC ANTENNARCONE BOTHELL, WA —,I am TO SCAEE NCH E-5 GROUNDING DETAIS PROJECT TEAM SCOPE OF WORK APPROVALS CODE COMPLIANCE T-MOBILE PROPOSES TO "IN AN EJOST6AG UNMANNED TELECOMMUNX ATNNA FACILV WITH THE FOLLOWING: SITE ACQUISITION: P6fIfiCL-0O2tSI1LT.Ar RE1LILE(3) HIX w / (J) acro APPROVAL SIGNATURE DATE ALL W AND WM RMLS S— W PERFORMED AND I—&— IN PROJECT M GER RYKA Cp LRNG MORRISOII 1E 11FIELD Cg INSTAL (3) DMAD ACCgiOARM YIIIH THE CURREM CONdT10FR OF THE ML—.. CODES . .2B ARPOW WAY B. SURE 112 600 S `VET SE. SIHTE 200 CENTRE, WA .1. SEATTLE, WA 98101 INSTAL p) AEHC ACTIVE AATENMA/RA 0 REYOVE (3) M. (3) ERUI. (1) FXFR ADOPIm BY THE LOG_ WVERNING AmNO HEES NOmING IN THEE PING 6lD BE CONSTRUED TO PERMR WIN9t NOT CONFDRMINC TO THESE CLUES: T BARE W VARMR COWACT: JE55IG PIERCE CCNIACT: ROY LORETE PHONE: 523-1941 RE_(1) FIOD M I E LEY41 I— (3) AHRG. (37 A1LG dI511NG W""SKATE ARO LOLL BUILdNG C006 WRH THE FMLOMING WE ICWISRION (M6) WWE:(M6) TOB-9031 TInPIPelnonlPeMP,PIVMyxm REMOVE (I) COVP TOIX6E uPG1VDFD� REFERENCE CODE: gAAI>glmll IM/ALBP µARM • REMOVE 6) dPLE%EA P SEPARATE • RELOGIE (6) dPLIXER TO GARDE LEVEL SERWCE UPGRADE SIXIPE OF UNDER MI6 IPR[i6n51owAL gMGa 000E (lIL7 M15 IWi]BNEIOF/A. MCdYi6G1 CLUE flw7 • INSTAL (3) STYLE 3CK TIM wda/DEagL . REMOVE (1) H. I.D EPAMTE EL1:CR3AL PERMR WE OMER Mte IMT1364aIbL•E EBE CmE (IPc] MIT IM11gI1L QDCOBC WOf. (RFPA T0) PERMITTING: ENGINEER: As REOdRED, TO INSTAL (2) HCS 20 CABLES W/ PEND.VIIS BE AACWOED IN NR T-MSAE DEVELOPMEW m1N G UNCE COOKS INSTAL (6) ]/B• COV(� MR ITT S6]B ARPOW WAY S. SURE 112 MORPoSpN HEISHFlF]D CORP CENTRE. C 90100 PHONE (50]) 595-9128 COHIRERAS IcwbOmartlwN,PnNM1IB com GNaNNo SmPe UPGRADE POWER TO 20G RE_ ET(LSRR PLC W/ NEW EMETRON PPC p T•y�-[ CgRilQlCfdf Y4y"'_ T-MOB[[ 9P5 NWGE! PHONE:: 06) 523 PHONE: (M6) 52]-1941 ttmllxoPlryVxollwHNp com REMOVE (1) PURCIU HACT2, (1) ULTRASRE, AND (1. CABINET 0 • INSTILL (1) 10 H HPL3 6001 a POWER CABWW, (I) LIU BAITER/ CABINET (1) • REYWE (1) 10 HlatirwP coYP CaDRAcroR To cAL TovERlFvun_m[s AT LEADT TWo vromuxO OArs PR,DR TOOIwIc r RFDwTDIe' T-MOBILE INSTAL (2) z0 JUNI;TNIN BO105 INSlN1 (17 wLTAGE BOOSTER FOR LEE krMWIIrA'Y i10�.'IIV. T-M003E PROJECT LQNS}_{jl CT(QN WHALER ARCHITECT: • REPLACE IX 140 TELCO BOX W/ MY CUBE AND REL=M LEC RtATTER TO WOR S'a'•d'9 T-MOBILE ROBEW LAN COWACT:WALEER gJtBY MORPoSON HERSHFIELD CORP WK, COORDMATE WI CM • UPGAWE 2210 • >HMV TO /PRE 00 ROTC .Y.•• GI[A111110x PH0NE:(425) 279-35 PHONE (954) 3T 41M RBDGTE OiW MND PSMF i'AOY OlD PURCELL TO NEW HPI3; CHEM VER OM,AAT1w J" FAR RC-16i "TA.L (1) rk[ SAE VEI6FY ALL t EXME gMENS ! CONOIR ON . REw /11:1TALL ME 9 MCQULES PEA MOO OE3iGI BACO 0!L JOBTUR S LY C IN THE ,NNE 511E ! SHALL RNEIMATELY NORPr THE ARg1I H E ENdNEFR RN ,WNRNC E ANY gSCRFPANCl6 BBDRE PRDCEEdM •AIR THE FIOI61 OR BE RESPON9BlE FOR SAME T • -Mobile RYKAOCONSUMNG PREPANED BY: 1 V-1li MORRISON HERSHFIELD 600 BTEWART STREET, AIRS 2Go %E EE WWANID1 ..w.me.Aw,nsY,M1+lmn MH PROJECT NUMBER 202I19M0 A 09/10/M I REA1Ew BA o W/21/M IRDA ENLL M ti L e5 v s WA yA/ fje7 r p Ili.O � L' ANAL 7AIE ILYAE LAKOTA PARK T-MOBILE A1E ID. SE04653A r31 AmREs:334 SW DASH POINT RD EDERAL WAY, WA 98023 7HARE: TITLE SHEET SHB:T �­"­_T-i ARCHITECTURAL GENERAL NOTES 1 WDM( SIVOL COMPLY WITH ALL ARIIGBI£ CODES. OPDIIIMICES. MD RW—ONS Ill NESSSMO' IJCENSE. CEIRIFIGTES, M. REWIRED BY AUMORITT' 1NN14G JUI✓QOCfld1R SHALL BE ASSURED MD PAE FOR BY ME CDRRACIOR 2 ME GENEINL COIRRI . MID EX. SUBCOHm OR SHALL BE RESP0161WE FOR'hAPV'HIO DNEJSMXS MO CDIOTI016 AT ME JOB SITE WMCH CWID AfTECT ME WDOt UNOER THIS CDRRICT. ALL TAD 1—RES RECONNENOEO SPEOf1GTXNIS. E1lCERT THOSE SPEdflGllda HElR01, WHERE IIOSf STMNGENT SMALL BE COYAJED WfM. J ME CON@ACTDI S— N TNT W CONFUCR EXIST BETWEEN THE L OIIONS OF MY MD ALL MECHMKJl. U. PLUM&N�. OR SIRUCIIMM EIENENR. MID 1HAT - REWIRED M CIF/AMMES ME RGHT TO FY THE DO— OF MY CONAKIS WE CONSUI—r NMI MINOR MWmGTIdb IN ME DESIDI OF ME OONHXT MRpI1T ME CDNrW TOR EERINO AD0111DNL couvENSATTDI H ME CONTiMCTOR S— BE RESPOSIOE FOR ONLY CLF/M UP OF ALL TRME5 MD REIID'E ML ORRIS FROA WE 1XR61RUCIION SITE AT ME CONPLEIION OF ME PROTECT. WE CONWACTOR SHML WORO—I CIFAN ME WILDING, SITE. MID MY OWER WRRWNOINO MEM TO A BETTER WM HEW CDIOIIION. J ME WNOAOOR IS IIESTMSIBLE FOR N]EDGTELY BR . ANO PNOTECRNO ML — WRING CDISTRUCRON AGVMST OALIAGE BR(HNAGE CWVPSE. ETC ACCORDING TO MPLIGBIE OWES, STMOMDS, MID GOOD COXSITRICIION PRACTICES. WERE ONE DEML IS SHOD FOR ONE WNI REIN, If SI M MPLY FOR ML LRE OR SIMIIM CONDITIONS, EVEN MOWN NOT WE— MARKED W ME DINMNGS OR REFERRED TO IN ME SPEaFICMONS. UNLESS NOTED 3 oMERwISE T- R ERE NEW PANG. CDRCRETE SIDIRI S TMTNS MEET ENSTNOUEWCONS SIETION ME CON VCMfl SN— TCH ENS E NG . GRDE MID EIEYATEN E ENTIRE SIRRE SHALL INVE A SNOOM TPANSIII011. B ME GENERAL CWR DR SHALL OBWN WMTEN LONFlPNAIDN OF ME EIOECTED GR OF CDAPI£IION OF ME POKER CWXECTEN FaDA TIE POKER COMPMY. 9. IF ME POKER COMPNO' 15 UNARLL M P 1DE THE MIR CONNECTION BY DINNER'S REWIRED OATS. ME GENEML - CONIIUGTOI SNML PImNS MO NNNTNN A TFMPORMY OR— UNTIL ME GOWEA CWPNTf —I—.IS COMPLETED. COSTS ASSSNTEO WfM ME TFYPORARY GENENTOR M BE MPRPtD BY ME OWNER B 10 PWS PART R MS SE IRE COMP SONIARY. INf9RYAlION S NOT UYIIED 10 ONE PUW DRAWWIGS MD SPECI1 1R ARE ITNEY M E O' $ONCE MO I REI.TNN WE PROPERTY OF ME IACXRELT, ER ON WE PRWECf iDR WHEH MEY IRE MADE IS EHECNED OR NOT. WEY AR XOf TD BE USED BY ME OWNER W OMEN AIOJECR OR EEEMSMWI 10 THIS PROTECT E RT BY AGREEMENT IN WRmNO AND MM MPROPRNTE IXAIPENS�IIDN TO MORRSW HEASHFTEID. WESE PISS WERE PREPNTEO 10 BE WBIIIfTEO TD GOVFAIIMEMM WIIDIq k _DR11 FOR RENEW FOR Cd.,PLUNCE MTH MPUDHLE CODES ME R 6 ME SDE RESPON -IIY Of WE ie( DWIER AND/W COMB . 10 BUILD ACWRORIG TO MPUGBIE WBDWG CODES 11. N � OB �� FAG R NEEL`lSVR TO DEARLIE FRON OIIEITEIL APPROVED WU1J1, MEN IT C WE =FROCrOVIS AND WE LIB-CDYINECT0 " 1 MEIY TO PNONDE ME MCMttyY IWOI CA1 I%m¢ 91 INS PmYDY➢ CtNJId_\ rpm IH AAF'II'J BEWBE W. 47 TTi WfAIR W AWITYN DIE CaWI1Hfld1 'J M4 SLTp-OOMIRIpdb OMN1L BE REERYSRE mII RIpCIT m Alt N[fESE'r MNWOn15 F IK WBOOO AMIORmm FOB m HMOwSED CHINLJ BEDAS HIE)IS.)w_ WRH NR .)D DE CmFfWY:TOW MIO BID.OAQ IMITawnES jyG TMESoONSIB�I MR I—— M IECCSSMY �^1D! AD MVIwm fH111 OF WE 2 IN UC EVERY EVENT WESE CONSIR11011 DOWNENTS MO SPEafTCATIONS SHVL BENRRARTE ID TO BE A uIMWM Acr{wT,IppyLYY,E»S K EaNyTF IagN M THp WN,T NDT HELM ML LON'IBCttM, "U grgfIDCTpR, "A* 1 R Fil aApI SRG FATIOY B wr SR NESo µEft iTiiEl 1er.WiIMEN—J� ii L ISETu Af�S � PIEb NMPLLTE. ADE H MD SAFE IIOIUONO CONDT001I. MEN T mull BE ME DEENED MIO UNO RSHOO M BE S NCLUDED IN WE OWIHGS FOR FYAMRE, IF M REN MO/OR PIECE OF EOOPMENT REDMFS A I —ER MR SIDE E D.E. ELEGIRKK MRLj. STRO NER OR WIDER NI I . MCREl5E1 OIYMiTY (I.E STMIEl-RENTS), R—ED SPACpIG, MOOR PNO IXaRGSED LENGTH D.E. BOLT LENGTHS. BM IEJJGTHS) MEN R S— BE DEEMED MO UNDERSTOOD TO R INCLUDED IN ME BE/— THESE DOWMENA ME MFIM AS A WAR MO ML ITEAS RFASONMLY IMEBRE➢ SINLL BE DEEMED TO BE IN[LUOD. �I IJ WESE COAT T DOLUILFJTIS MD SPECPTGTNMS SHALL NOT BE COMSTWED TO CREATE A LONWLWIL REUiIONSMP OF MY ENO BETWEEN ME IRCIIITECT MD ME ODRRJLfOR K i e S ELECTRICAL GENERAL NOTES A OEHf1Ul 1 EXMIINE THE SITE CWDITMS N CMMW AND THE SIXWE OF I—O5ED WORN TOGETHER WfM THE WORE R ALL MR TRADES AND INCLUDE IN ME BIO PRICE ALL COSTS FOR M E WIJENT AD KITTING MNTE NECESSITY TO ACCONNOGIE WE EIECTRCAL SYSNLS SHOWN ARID MIENS OF OTHER WP 2 OBTAIN ALL PERMITS. M MSOCNTED FEES ME SCNEDUIE INSPELTON. J INIM ME CONTRACT DOCIIMENISATERML E MD PRINT IT MENLLY W DR TO ME SAT4ACIION EOF T-YOKE t _AD/TOWFIf OWNER MDR TO BEOXMNO WORN COOROWNTE All POHFTR AND TELOO WUIO WITH ME LOLL 11ITU11' COJPMY AS IT MAY A MPLY M 1UTILITIES MIS SITE ALL WORR TO OOWIY IRIH ME WIES ME R=71 NS OF ME ES INVWVED CFNERM RES 1.1-E FOR VEOREDIJESTING CONNECOW a COYNEIICNL POTTER FROM WE POKER FMR­T1ON MO MANY. ET£CTIEGL WHmACidl SFNLL LODIOIINTE M. — MM ME GFIIEWL roRRM:TDi. S NSfMLATION OF ME COMPIEIE El- MIEN SHALL BE DONE NI A FM CRASS WORIOMMSHIP PER NIf SlMOMR 1-2000 BY WMFlEO PERSONNEL RPEINOCEO IN HALL D S SLNEOAE ME I- IN M ORDERLY NMIIER SO M NOT M IMPEDE PROGRESS OF ME PROJECT. M O BN2C RYREOILS AD wEIF10tr: I M ElECTRICLL NDML SHML C ORN TO WE EDITION OF ME NEC ACCEPTED BY ME L WRISDEII01 ME IPPLICABIE LOOM CCOES MD REWUT016 2 MRMGE —IT. WNNNO. EWIPNENT, AND RHEA MOO GENERALLY AS SHOWN. PRO.IDNO PROPER CLFAF MO KCES CATIEULLY EINMINE ALL CONM L DRWH 5 MID FIT THE N IN EKH IDF TEN WMIWT G h'fa.SRTdc M0 IDGtlYS'VDRL T UM NOTED ONERMSE, ANC DIXTOR SMALL BE COPPER MNIINUM SBE 912 AG. WITH �ERWYOPIAS'lIG INSUUTEN COXFIRRRHG TO WCS OR CIID55-U PWYEIHWENE IHSIIIATRIN CO OR I EAN W7 (TYPES WHN) IISUTATION S— BE RTED FOR W DEG NMRA:TOS SHALL BE COLOR GORED IN ACCORNCE W H NEC. 2 CWWROR LENGIIS AWL BE CONIINUOlS FROM TERNIINTEN TO TERMRNTON WTIHOR SPLICES WUCES ME NO ACCERIAOE. IF Y ME UNAVDDMLE PRIOR APPRWM FROM ME ENDMEER MUST BE OBTNNED D. OIOUNDING I. ALL UGMNING Ppp1ECIION GRWNONO OF ME ELECTRIGE EWIPNENT SHALL BE GRAZED OUI IN ACCORDKE WITH WE WRRENT NFRA SfMOMOS 2 All GROMD LIIG MID COJPRE55ION COINEGIIOIS SHALL BE COATED WITH MTIT-MIOWT AGENT. SUCH M W-ON, HGLOC PENEIXO% OR NOPRSHI- UCIORS INCWDNO EXTEJINIR Otl1UND RRE SHML BE �2 AM SOLD BARE 1MINED J COPPER. MME ALL GEINlD d1NNEClIOIE AS SHdff MID DIRECT AS POSSIBLE. ANOE SHARP RHOS ME ROTS 5 M ETEIN MUNO CDlNECIIONS SH BE ESOTHERMIODLY WEDED ALL EETHEAME RMDS M EXTEWOR GNWND RING S— BE ME PMMIEL TRIO. EXCEPT MIR ME GROUND RODS —N NE HE EAOTHEIRMIC WELDS REPNR ALL GMVAM2E0 STIR ACES TNT HAVE BEEN DAMAGED BY E>m 111 FELONG USE SPRAY GMVNIBFR SUCH AS XOUB LELTROSOL /15-SDI. COMPOUND NOTES 1 COMPACTOR MD WBCONTR ORS SHALL VERIFY N .— SERVICE CDII — IDGTNISS PRIOR TO SUBNIRINO BD MD I—EEDINO WITH K9 IT 15 RECOUYENDED TINT THE CONIPAC YSIT THE SITE AND VERIFY ALL DIMENSIOSS MD NOTES BEFORE ..n.G BE NNI PNOCEEDNO WITH WOB(. 2 SIX AT WI SITE IS 5v AeE.xNTE Ix :TIvwT�.,NG THE LLncx LDN fR N00 r.r.F. N m m DOORT.NM A11E Fx'CVnSEMD. XAOCTR/fI1'�AFOWEISOII ROSI4_NTA 111w PRSEEINNO WIM waRN MI5 VILUE DME WIT[NiryTA Gf 9M TO 19JM1LIIVA GM Y(lAIAT" QED, BIR DOES NOT MECESSAPoLY ]. IN DREW 10 AYpq ANY CORFTE EwTS w — "-^--'— ALL OKCASNE mAT.-OCM InFOa 4 ME PER MUSE BE CLEM OF FIAMMMLE LNTEAW WTMIN 12 INCHES OF 111E GENE. INCLUDING ABOV' BTO CLE—R FRW MELLaDSED POME ODORS OF—ETSN . ME OPENSITIOX REWIRE M —1. RADIUS OF JB INCHES OF I SITE GENERAL NOTES I- RESTam EXISTINO ASPRiT MO/m COKREIE CoMPOum TO IFS OEONM COEMW 2. CORFNERM NWL mETEOT M 1 —ANY LMREWO`Olq kl A — m STJwT a DCpAttM I PROJECT INFORMATION I NEE MD RESMCTFD —ESS EWIPNENT ME WILL BE USED FOR ME TRNSNISSNIN OF ROTE 9DNL5 TOR ME PUOCSE OF PRONDWO P~ C !J— SSN CE. O. MIS fACRGY NHLL COI15YHR NO YW2bEWiDIE HSWHOY. J. RID mloM WATm SIIPLY A TO K RADA W AT MIS [OC N .. ND THaGTE HMTfR a.L BE IpImm A2 TMF IJIGTmM 5. b SRfUO THAS'IE tL K fiMCRLfIt RO MBE PET IDD,IEY Z W -IOB� MWRTIMKE CREIY (IYPIWLY ONMLL NONE M AVEWGE OF WE TRW PER NONMI AT ONE I IMPORTANT NOTICE ME EXISTING CDIDRI1 REPRESENTED HEREIN ME BASED W NSIJM OBSfAN'A11016 MD IMDRNAIEN PROVIDED BY OMRS NORRISW HERSHREI.D CORPORTION CWNOT GUARNREE ME CORRECTNESS NOR COMPLETENESS OF ME 961MG CONDITIONS SHOMN AND ASSUMES NO RESPDSIOLIIT WEIELR' CONTRCIOR MD HIS SUB-CONTRMTDa SHML VISR ME SITE MD —1 ALL —NO CONDITIONS M REOURED FOR P ER EtECNION a PRNER. RPOR AM' CONFLICTS OR OISCRRAIICES TO ME IXINSULTA T PROR TO CO6TRUCTNIN T • -Mobile 'BIOicTNO"iETlHL`l'EWA Ic11 RYKA*CONSULTING MORRISON HERSHFIELD II00 ST ITLE WApB•SIN,E 200 TM: POB ]GH TllO Ia PJgIETZ NUYeER:-wT 11 erE OW%, D/m w RYRW BA ORM/Rl TOSB HTNM BA wr.10E t •T v i 4sr:Isit �c' L�No rE AL %55LG A E NAME: LAKOTA PARK 7 WE 0 SE04653A 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 En ..• : GENERALNOTES MIEi� N1:YTR-A T-2 BEEN ..ED F`,lW E� D� Ca W— — E .­ LECDESCRIPTION: NE /4 Of W 1/4 ­ P0a ONLY OF fNBf MALTOY M SWLY OF COOF rT;�PARCEL _7 3 1 2 T H S�-- ­KE1 U? TI�PARCEI: TAX PARCEL: c� \A FIELD PPAox TAX PARCEL: FT 7PARCEL 122103W59 LAKOTA PARK elm 11CO role I \_1 G tanOF P" ­R N TAX PARCEL: TAX PARCEL: LO rQ 19=E � I TAX PARCEL: A TAX PARCEL: T - -Mobile I=ETLHL WA 11 RYKA$CONSULnNG Irf; MORRISON A RSHFIELO ­E­El. Mae SET NOT TO BE USED FOB UNI� VE BY )� No VMPED APPROVED E LAKOTA PARK T-uoErr tar to SE 31334 SW DASH POINT RD FEDERAL WAY, WA 980231 SHEET ­E; SITE PLAN • nuuDOE Know whal's Selovl. Call before you dig- A-1 SITE PLAN 11 [ T • •Mobile WITH ALL fEDRUL STA1E AND LDD.LL CDDES ]. DDNI M I` b RESPPLS8IE FMPUWND ILL REpHRED PEIMDS AMD ARRAMOND FDR ALL INSPExIpNS AND 06rAINIMD ALL IDPRdNS CDNTUL1gt SINLL LOGTE AND UNDFITJIDUND UIIIIT6 PPoDR 10 E%t VATDN 1 -p% 1ND RDDT D DDE RYKA�CONSULTING x 0 EPsrmD e' _• ) L Illc to p%.j ry rosr I-) (rTP) _ � ■ MORRISON HERSH FIELD - cDO WSVIM*ATHCLT Wham SEATTLE WAN101 J]DB]AX T]ro YII IA]dCLF YyypLTP F]Ilp]pp FlFLD 19NY ElD51N0 1 1 I •, . WIIDIIff MITE ry E%5n �f(-7YCRX[ mJfl[.l wRNAI IPGh11D �E .• L �r y: ry no�i c r�m«�°' ioi�vow�i .Jy y � LANDSGPE r 'r1 � may. n�•c n•_r 7<qp yxH! IqI Xc -.NIL ENTRY T-YDAL[ AMANW AYD rncuAAr xT�Ywr DX E.sl.0 r-AIa Mwwr � E%STIND SHRUB (r%P) !-aid E> ND ,REE a[mn 5 TANd ADN lHE uOCUNEIIR PR0.10FD @! ttIENI. MDIHER WNiMHIY 11DR WIIRlITEE 6 DNETI 9Y THE ARDHDER Hqi NORITSDN NEr91FlF10 WRPDPATIXI TD THE ACWRACY HDR THE CDYPLEIENE55 DF THE CDPIED CdAPIXX10 PW! IN ENLARGEDPLAN 11 A W/ID/]D RA1EM BA D Wjl1j10 IDD.i FINAL BA SU NOT TO m U FTAT G STXUCTON UNI SIGNED W )E PRDFESS10W1 AND SrAYPED APPRDVED RY NUMPAL11Y 511E NAME: LAKOTA PARK T-YDRILE SRE I D. SE04653A vrE ADDlass: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 .FW. NKNo ENLARGED PLAN >aFE] XOYDR A-1,1 7m Fs m TY urrAwm To ]aoA PER FFPNRAIE F]FLIMCM mlXt¢ - UNDFA SEPMUIE ELOCIRICM RIWYf AB REOU N BE NICl1OFD IN NIP itl IIW X BE 90­0 (m MII i sRllpS E IT "I EL HEIER IY3'E EXWNG FENCE SFEU* CONC PAD EXrsrINc T-YDBLE� oa oscor.IEC' �� �•�• EB.IUFT n-rn�AMc IP _ _ _ - o .. EXro eE.co _ I f STUB-ELOW (B) I TTP IF fi) J Ewsn I NwlnaE-� - TO m AImF1E0 � F�YE v+F• �BLRIERIACE [HYING PNC W/ NEW MEMO. A RE.O•E (t) PIIKAl MCF2• I,) MTII S L MO (1) it%1A CABEIEf • ADD (1) AUIKF]-L HT ®RV m FOYER c, NEI AND (1) — BATTERY d u • REIO.E (1) 10 HAGH-CM CDM • ADD (2) LO JUNIMON BOXES • ADD (1) YOLTME BOOSTER FOR LTE • REPLACE EX511NG 1E1D0 BO2 W/ MV CUBE IN0 REIDCATE EEL RWIEA m WBE; CDORDIINIF W CIfJT^IPY3A T'3/ m CONT+IE'IINL MIl' Wgi1f UP2RAOE ]x1 514�-i[+Y m pW REEOCIIE EPIB AND F11B• FROM 01D PURLEII m FEW CNEq( 54A4oN COMPATIBNM FOR RE -USE . REEDIATE (1) FMFR FROII TOWER TO H-FRA E MID ADD REATHERFNi00F SIEE!E • ADD (1) FRIE TO HiRM1E AR) ADD WEATHERPROOF STEE!E • ADO (W) REDCATED 004"M FROM TONER TOP TO H-FRAME • =OVE/TNSTML BASE BIND H00111EB PER REDS • NIY UNUSED SFSIEY MODEM SHALL BE REMOVED x I —LE fN!m TWJ;11N( iu a '^ A-4 SEE NOTE -pBL[ i..NOBIi• ] A_4 PROPOSED MV xoA •JRWIET a �alEriRn. ,R�OboID s AnI•B-EL1—E.F11 Il E — Oi — EXISTING FENCE NEIIINO F10T LE rl.S OOHIED Li ImWaE,a AS IFERIAIm FDe eILn.La. uTaWJDE xWPe v WDIW F¢ PORFR uPrYeAx FYI e PROPOSED 200A F]F]60N PE'C:� Fq "eMREE1 EIiSDNC T-N091LE CWOJI Bm ,- ,((BELOW /CfOCA1F➢ GA4EYA ON E,BIIDftOR=IC TYWYE B¢nIr MY fe]¢ EXISTING 51MOBI '•EX NG T-MWLE ULT—ITE CARNET TO . REYDFED L>•Slx•L aGUb IYX..T WO BE 1�o�Nf NLIa7y1 µ;15 GOeQ •REIIIGIE IEC NDLTER TO NEW AAV CUM DOWNWN E W/ W •1AVVOE mo TO oFi . R1DU1E Lae ANo M NEW _3; CRELN Nu>orI ~AT01]TY FOR RE-0SE EXISTING EQUIPMENTEXISTING EQUIPMENT PLAN12114,•;rJ'� ;Vs _',=y _ -0-- E m FYIFO w 1. CC4NTR­ IS RESMY SBIE FDR LDYP " T • -Mobile •. IFIH ALL fEDERM. SFAIE AND LOGM CODES 2 CONTRILTOR b flESPPa5B1E FOR Pu.. ALL REWIRED PERNITS NID JPYANPNG FOR ILL IISPECIX)NS MID OBTMMIMC ALL MPIIdMS J LONRUCTdR SHALL Lm ANO NA1F( ANY UNOEPGPOUNO UIILOIES PRER lO IXFAVARdI I RY"$CONSUONG I. ATTACX UMIfIRI,T TO XE BRDOE P0515 W/ 1/a• TUTS U-0OLTS L RE-l!�/ FIID LIR EMSDNO I, AS NEEDED 4 ■■y�W■...�■ ]. f1F1O VFAiY NE gYElIDG6 •Y ■ ,� MORRISON HERSHFIELD FFO STETV TTLETREET' a TIE 20F fi TeI: ]LE nm uH i•IIDCGT .woof ]D21 v20O T-4'E FY•Si CDNC PAD ICE GRMQ 6 A-4 11 RA a/,oryo WO11 RENEW B4 O OS/21 /9D tOOi FWL B4 110ENSURE t''�y •r .,,sr, 4 �un)YAS. Y.F'J SIZE IIAME: LAKOTA PARK PrtFAu IR ,e•L]: •�� 1� LEt REIM T-MOBILE 511E I D .wDLATLa Ea,e AIo FSMF SE04653A SIZE AODIIESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 96023 J1SL5 rMNF_ NOff£ EQUIPMENT PLAN HEREIN rs TAMFN FIN1M 1HE DOCUMENTS PROADEO BY CUENf. NETHER WAMUOY Npi WIIRAIIIEE rs OIVETI BY THE ANCHIIECI ON NDM6W HERSHFYID CTX60MTION TO THE ALCUWLY NDR THE COWLLlENE55 OF THE LW COPIED LOMPWND PIXFROIMTET WqE NIIY{A ��� PROPOSED EQUIPMENT PLAN1 .� EISxHc T- OBIILE DIPLE]E (_ D T. PER SECTOR) (6) ro E REY044➢ (Q ro E REIOGTEO m aatt LF41 eD, P tl G51'JF Y�i r�fmxn 16SB]08 LE­INS 1 EIUBFIHO T-MOBILE -EL wT [AH R SMHH-ID65C-SN (HEX)] prP Of ], PER SEC ) ro E EMDMII Vc NOD T-MWILE FRM Rf1I PER SECTOR) ID�4D -E. HS i-/AN MWNT (TYP) ro wtlwl -EaSTHc T-MODLE FRLB (TYP OF J, PER SECTOR) m E READIED STADIUM LIBHF (TP) EXISTING TOWER PROFILE y,.swxtu u-u- ]fNE a/1f I' p(7p m. p ,: HFJIBIM.R TruFE i(tl/A1 THE LHLI mm PROY T' GAIf. .EiPIlP .�wR.RVFv xryV cuVPTV'+IEE 6'OMf! n ne rnEHrcEET ITOR uDFaTDDr] .00 ' °eoroyaTv�EssbdNv T m ens ELLYNRM HTD?I im 1. Vp 1'N.0 YWa 04NegICE. ]VI[IpTVT THE IWtl91LP TDtF/Akl[MN MMO duclurrl; Mlw.ss Icmrr ECTx� wa IILO trf � lIKF:E� PIIOFf.SS�:I ftau.&0, LPS LHT � ° MFOD3r rvr� IDq/a>t inFveLE MDLnTra .s nQr tEp w iFY WDIE YpOgHL1 YOOaTaaTlGl � N Iw+M+= PROPOSED TOWER PROFILE T - -Mobile RYKA4000NSULTING iR11¢ Pi@4tl3 /P m>n MORR PBB HERSH FIELD _ISON ET HFIo TN: TOGA! MII �NO.L� T::vAE : iDli 19i00 W/ID/]0 M]1 RE1 Bh 0 00/m/M 100x fNIL m SET HOT TO BE USED PTJR DOMBFRULTIOH UNlFA SIGNED BY DESIGN PROFESSIONAL AND STA APPROHED BY MUwOIPNM AhC F {'fJ If yS10NAL T. HAl1E LAKOTA PARK -NDaLc sRE LD. SE04653A 31334 SW DASH POINT RD FEDERAL WAY, WA 98023. SHE£T _E. TOWER PROFILE 1RKE] HWIC. A-2 INHUPACRHIER. XdDA WE,pfT: 0.1E Iffi wuE>tslaa (LH�.WiA): xz.t•.,:.,'u.'' FPEWETLY: IR![l( LD PP MTA SHEET WAUPACNRER: NgLN DPI ]diT: R.. lffi DII (HPER n.R• . uw• , s °• iPEWFAC: REFER iD PE MTA SHEET T • -Mobile ANIFAIN TILT BR.CRET IAS RED'D) AD C YWM PFA YNIIIPACNRFA'S SPECIFlGTAI6 NWM PER WNUFACNRCRS SPECIFlMADHS ° HELL. WA 9DII C ANIEMN YPR YWMLRC HAPD'•ME YPR�WRq"P- CEWIPYEM 12 1' PIPE Yq, w RYKAOCONSULTNG Pwe P.Dsnz n PAREL AN FH N YWH,IIk qP: M ORRISON HERSH FIELD 1 l °oo°T=1TLEmA wneaoo eenTTLe�aeroot �y♦[y,yy,} = rw.�m.HNM•NAdlmn YH PRDiCT HWlkA >7a11 eFm �DR�ID/x° ]— PE"E1 M EWIPNEM iy � �L EEL a Dcri,/zu ,DmE RUL M mm n FROM ): FRONT clnr TO K ZED PER UNLE35 SIGHED D.WN PPDEb5pNA1 HDUIIf UNR PER AIWUPACNRFNs PECDYMEAMIMMS AND "'E" APPRPIED C MUNMAPNAY z'-''°•""` "" TYP ANTENNA MOUNTING 8 ,1•.Ir suE: Hrs ?;N'r , TYP RADIO MOUNTING 7 '�.`;, „s AHLOA 6 ;;-.`T S°c. „� AHFIG 5 LICQ�SURE: YYHT•ACn%�F i'OYLSCTp( Y,D�: °NM-R'C-RY-RI AfEXP T;I.5R1 Hs11��1� W°If MWN1119 Nm °Dmelple j�� .Y.� • x5,t•T „ R 252' NAHU—RER AHIXiW YODFL H®01-R51TDS-AxM WDGM: M9 116 gNDVSXRd (L.W.D} r.0' . 1xA' . 6 S' YAtufACNPDR M-211- NDDEL TNATIYx1BSB-21-'J/ E„PDDIVR SDE R rN Y N.CE C- \ r WAS s �01) [yi H YYR.S',. GM8,1: 19.1E YDDCIi Ilax Mw:Y[ Y4 Mi°wr 112u MI ,Aw AE11C WDGHT: ra LBS {WIDT I DME190LxS: ]RYA :1J• . ^P' DiEWETILY: RATTR TO RI MT SHEET xM[pIC•Cn REfi11T0 RP MTA SHEEP x51PT Top A FAEWEMLY: PFTFA TO MTA SHEET R x o• WEIGHT: 15) L1R (WAHWf YWMRIG ,D� _ _ •A.r� f0HA4 F ^� IDLtlE)1f T w1E. LAKOTA PARK � s a• x T-NO9LE SDE I D 17 SE04653A T.,r .x*En 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 SHEEP NAME: CONSTRUCTION . •�y DETAILS FRONT s� FRONT SIQE WUIIDDc FRONT allE A-3 F :Il'„1T sP".. '.,R � NISHIS AEHC ACTIVE ANTENNA/RADIO 4 ] „s ANTENNA SPECIFICATIONS 3 21,'•:;T 5 „s ANTENNA SPECIFICATIONS 2 ;;,„';,: 5= = TMA SPECIFICATIONS 11 I T - -Mobile ml= =X1019 w­ —D EO,ML RY"OCONSULTING 10 2' MORRISON HERSH FIELD E 24 CABINET ATTACHMENT] 7 PRWEFT ­1� POWEFt CORD m 67 Z/ END MC FLEK W1 BOOT Su NOT TO K USED FOR CONSTRUCTION UNLESS SNRIED IN DMIGN PROETSSIDWL AND SrAMPm APPROVED w MIAN IMW ICE BRIDGE F6 P`de TONE"'HCS 2.0 JUMPER CABLE 1 5 HCS 2.0 PENDANT 4 CE C. E -A NAM �o 1e0 MduExsxxs . )III: o.-W.g. X A k. 214Les PLAN VIEW 30, KF er mm LAKOTA PAR SE046 31334 SW DASH POINT RD �Htkl FEDERAL WAY, WA 96023 —FRONT VIEW RIGHT VIEW SNFEf NINE CONSTRUCTION H- DETAILS FRONT VIEW RIGHT VIEW A-4 NOT USED AAV CUBE 13 12, , HCS 2.0 JUNCTION NfIOM. �N nN��ouI�F�[m • IDDIIDH,L NNOM1f0U15 ux BE PEUxRED flf! 9E DNYIEO p, SIIE AS NECESYlT. FOR GRNER STNDIND Al •AI THEAE N9LL EE DF (!) RNKRDUIS (]) H0INZONV�L RONS OF (.) RIGHT VIEW f 14•a]!• SCNE N15 Il•xIY SGEE NIS SKU# 34038 PURCELL 2" PLINTH PLAN VIEW �x .TS • Nx'Y IER Xh] Nn EVW�K GbHY Y CdIDR W1NR,C POPR.i SKU# 34038 PURCELL 2" PLINTH SIDE VIEW MOUNTING FOOTPRINT FIBER ROUTE OPTION 2: REAR KNOCKOUTS CAN BE UTILIZED FOR BOTTOM FIBER ROUTING FROM COVP TO AIRSCALE IF OPTION 1 IS UNAVAILABLE (0 BRD INTERNAL ROUTING FRONT ft 00 Foe mac, "9 VIEW BACK VIEW (OPEN) PURCELL HPL3 600A DC POWER CABINET SPECIFICATIONS T • -Mobile ��BDfrRiENEEFIm, RYMOCONSULTING PW6 PREOMED - I Rr; MORRISON HERSHFIELD EW STEWART STREET wIfE 100 9EATTL�E Wx�1�01 NN /•04C, NWgFF �P1, f9iOD ~+ alh nv .m Ra,E. rw DYhlhO ,OOI F1u1 !N SEF NOT TD BE USED FOR WNSfNUOIIDN .- SLED BY DE PROFTSSgN11 AND STAMPED "PROVED IN W_Ip. EICENwRE: 1. C1( •u.s.rh rJ I F•H S P. NL' 91E NNAE LAKOTA PARK :--wBEi YtE ,A SE04653A 31334 SW DASH POINT RC FEDERAL WAY. WA 98023 SHEET NAVE: CONSTRUCTION DETAILS SHEET NUMBER A-5 WnES NW nMIWGH P0At0ED ggLltWf. FIXLOW P%IPOt I16fY1lAlI0N a uvxT BEra1S uAnw .Y Y�] 1 IUEc 1� Hn] NA dPN9p1 V&IET 2-SInWG H4TRRY Iu« opwnHt PgN15 4Y 9 1 H f01 4-STInHO IUTIFM MgN1I1NG ""* =. = 11 •.li• xxe NIS IM -TS I HOIES iOP HPU N!0 E1PAH5d HH.ET CdWER MWHIMl4 P011115 30'— �i $ I X• t � 1" gl SKU# 34038 PURCELL SKU# 34038 PURCELL 2" PLINTH 2" PLINTH PLAN VIEW SIDE VIEW PU m V Pu_ PURCELL HPL3 LARGE BATTERY CABINET SPECIFICATIONS T • -Mobile RYKAOCONSULTING PUI6 PpFYMEO BY: MORRISON HERSHFIELD !W 3IEWMT 9TPEET, 9UIlE 3W 9EATRE WA91101 imr�Nen�arV4Yf mn IIH Pn¢XLT wxa.R mi Ilm A p/1v/K 1011 RM[/l fll 9 p/Rt/10 100R iNliL fll INLISIINE: ;F--lid:' �• � [rfYl Po4A1 9 E —E: LAKOTA PARK :-YGOIE v+E :a SE04653A >rff woos 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 sH¢T nrue CONSTRUCTION DETAILS A-6 MANUFACTURER: NOKIA MODEL: ASIB MODULE DIMENSIONS: 8.6"r14.2'r1.7' WEIGM: 6.4 LBS JMANUFACTURER: NOKIA MODEL: ABTA MODULE DIMENSIONS: B.fi"r142'r11" WEIGHT: 4.6 LBS MANUFACTURER: NOKIA MODEL: ABIL MODULE DIMENSIONS: B,6'r10.2 WEIGHT: 4.4 LBS T • -Mobile .' a :':..: f RYKAOCONSULTTNG SFP26 • •+-- - • ry _ -...-. �.: I. i �(] ' p •f I. .-�;� 0 RR RF2 RF3 RF4 RFS _ __ �I 3J ON HERSHFIE LD MO �R TSN MTSmEEf. alrtE mO SEATiLf WAfB10, _ MN FB NUY➢EF� ^W 11 B:DO OSFP28 yr; —a ,•, A m/10/20 M REVIEW eA .0a:va•0a _ot±n���a =m •,-o � ra o — li ji F a 0alr�rn im EDW BA SET I- TD BE USED POR c r6UD1aN UNLESS VMED W DESIGN PROfTSSIDNAL AND STAMPED APPNOVED BY MUNnP- 11%,r `m ASIB 6 11'r,T stxe Nf5 ;,'•;T N"ns ABIA 5 ;;-„T rs ABIL 4 MANUFACTURER: NOKIA MODEL ABIC MODULE MANUFACTURER: NOKIA MODEL: ASIK MODULE DIMENSIONS: 8-6"r14.2 DIMENSIONS: B.6"r14.2"r1.7" WEIGHT: 6.6 LBS - WEIGHT: S.B LBS -'v :-,...: r....�•. � . Ape.::..: L K 4r _ ��y 02, LAKOTA PARK T-MOBILE SIrE I D GF1 11 • F - L LNP SE04653A _ _ 31334 SW DASH POINT RD FA„ 50 klFl u cFc FEDERAL WAY, WA 98023 SNFE1 HNAE: :'Ia' Cf.]I{S �--•--�-._..........��. CONSTRUCTION DETAILS N.mos,-n .e� cuA,rn rr"re AMM ,A« ­ ,111)• SfXE NR ABIC 3 �`'> NOT USED 2 „: ASIK 1 I MANUFACTURER: MODEL DIMENSIFSMF MODULE ONS: 5.2"z17.8"z16.5" WEIGHT: 253 LBS MANUFACTURER: NOKU1 T ' -Mobile' NOKIA MODEL AMIA MODEL IXR-E MODULE DIMENSIONS: 17.25"z10.0"z1.75"-'.oL""ileiLiviila JMANUFACTURER: DIMENSIONS: 5-I'XI 5.7"X17.6 ! WEIGHT: TBD MIE1aV i S-2 E$s D�� I- AmuaTMDr:s grim RYKAOCONSULTING SIDE TOP i-u1 - MORRISON HERSHFIELD BOO SfEWARTST1J0 " - OPTEWAL POMEA .SU9 MODIAE EXIENSNW SUB-MOWI£ SI1B-MOpU - I II, t� I •••••. -•-=-� `IIj: � F f ' � �Li .•� SEATTLEWAN1, WABB101 Tmmla eMAMmn MH PADJECT NUMBER M2119M nrz A 09/10/20 9DR AflBflY � DC OU1PUf � p J-} SWK: OUI a BlIP11! »!L IN WP EAC MC;/fO�Fn� Ri/F](D-J DE1. SET HOT TO BE USED FOA CONSINULTpN UNLESS SIGNED W OLJiICN PAOFTSSM)NAL AND STAMPED APPNOVED B, MUNItlPAD11' 21•,JB• �'" M9 11'.17' M' MS AM 6 SCNC ;; : T u L' s F S M F 5 ;;:,";T 9 L rs IXR-E 4 w`CF C G� U• ns w 5.s,, r k:2 1 C W +!l j.9T '�lONAE emu, sOE N,ME: LAKOTA PARK T-YOBILE 511E I D SE04653A 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 SHEET MAME: CONSTRUCTION DETAILS v�T NVMB[II A-8 '' 2` ]B 9GLLL" NOT USED 1 I I•.Il' YM£ X13 NOT USED 3 x" NOT USED 2 mw Bare J/P - ev a J/e• - I J■■N r SJC-SN lNE1J] IT PIPE (1YP) PROPOSIM AWENM AM OW g}EDULE REDS wl4Rlw +o— 51 ,xtm ee/311= I.I22" wM III FI! �� V F� TPE LomA R OIML BD R10E, Al 0' rl-r COHICl.OPE inN-'•.r:•I SO, - - n : HCS 2.0 Tro• C0A11I.,.,'3 150'3 (,) AN— (,) STY,£ (1) Aim ]OI TAV. 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S OR INSTALLATION OP UBTHE NO WORN SHILL COUMENCE UNDER THE APPROVED TOWER/ANTENNA, FO PFOO TO AXN_YSIS REPORT LES ' EGUIP(SNAED AND D COAX FRONDED ALL R SEPARATE COwfl CONTRACTOR fAION TO IHSTALUTIOX OF M•IEHNAS, EWIPNEXT AND COAX CABLES SHALL RENEW THE APPIRMEDMENH RSTOANENAS STRUCTD IN THE EER PROVIDED CBY T T-YORE£ AHD uODIEY. IT REWIRED. ALL APPLN'lBLE MENBERS AS INpGTEO IN THE CEIt11FIED STRUCTUPAL A PROi'OSF➢ A-] A'IM1E PPmU4D T� Sint = %k (IYP K J, , PER—) , A-] I c+ NdmT (iTP) I[a,EemPE l3W-dY-e]N�l�l (OCIO)j J A-3 ePROIYISED TNIOBEE PMQ A-J IANpEw H®01-esl TD6-AMI 2A'aM' S , 1/2• - 1. 17' a y E. V A• . e pROPgSW f�tlbLS pl/,a ANIEl1YA 2 ■ [ANOgN R®et-a0!'Ac-Anl (quL)1 A-J r $TS PPOPOSEO T•YOBEE PAAEL ANOJOy1 J Y$I� [OOWICOrE RW-6JC�,>->'I ID:m>3 A-J AF­. T-M1u uOUNT (TYP) T - -Mobile wriA[Lii .1 VON! RYKAtPCONSULTING xR rn[rAYlEO n m� MORRISON HERSHFIELD 100 AAT STRE T aCO uT.l: - AN ..•. �nR.AwMnrL� AN PRpAEOT "A_ 7`11 foam A W/10%10 e0S RflILYI 9V 0 OI/'R1/10 . 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WFADIEAPRODFlNG - (nP) �Td ]YP.LIRI I]ELtlO ME 55 SOE NAME: 2 GRWND KIT cm) WFAIHERNaONNG pP1 NOTE NR [TIP) SEE ROTE 2 �g MYG LAKOTA PARK I-MMNE SIZE I.D. ANIFNIN CIeIE 10 w, AJTrEHNA � Brs EWIPYEM (fW) HAR, ATTACHED OMECRY TO NO — ON ON IDwwr10NIc � � � Twr n SE04653A ��-""^^`W �Y iS PE1MIrtTED TO GRWNO RIL DASH POINT RD M OD NOT IHSTML b E GROUND NR AT A SEND AND MINTS DDIMTO ANTENM GROLwD flAR ME Cf ]TpE_Oy jTpFy j�[dNME L WAY, WA 96023 SHEET NAME: NFAeIFA PRDOFlNO — BE TMa-PART TAPE NO COLD SHIDNN sN NOT K USED GROUNDING DETAILS ],SET E-5 ;`•: S GRND CABLE CONNECTION 3 „ N NOT USED 2 ;`•: Y rs CADWELD 1 .......... .._ COUNCIL MEETING DATE: September 19, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: T-MOBILE LLC SITE LEASE AGREEMENT — BPA / TWIN LAKES ITEM #: 7f POLICY QUESTION: Should the City approve a site lease agreement with T-Mobile West LLC for use in its wireless communications services? COMMITTEE: LUTC MEETING DATE: September 11, 2023 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent van AlsDine DEPT: Law Attachments: 1. Staff Report 2. Proposed Site Lease Agreement Options Considered: 1. Approve the proposed Site Lease Agreement and authorize the Mayor to execute. 2. Do not approve proposed Site Lease Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: l*DIRECTOR APPROVAL: C Z 3 ,Z—Wb-2 Tvilifil T)aw COMMITTEE RECOMMENDATION: I move to forward the proposed T-Mobile LLC Site Lease Agreement to the September19, 2023 consent agenda for approval. IV Committee Chair C e 1nb Committee Member PROPOSED COUNCIL MOTION: "I move ppl yAwl of the proposed T-Mobile LLC Site Lease Agreement and authorize the Mayor to sign said agreernen . ' j (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kent van Alstyne, City Attorney's Office t4 SUBJECT: T-Mobile West LLC Site Lease Agreement — BPA / Twin Lakes Financial Impacts: The revenue to the City for T-Mobile West LLC Site Lease Agreement — BPA / Twin Lakes will be $3,745.97 per month with an annual increase of 4% on January Pt of each calendar year during the term and renewal terms of the lease. Back round lnfori lation: T-Mobile West LLC seeks to continue leasing property from the City through a site lease agreement for a portion of property located at BPA / Twin Lakes to allow for operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the proposed site lease agreement indicate the exact location of the leased space. The proposed site lease agreement is for a five-year term that includes the option of three additional five-year terms upon written notice to the City. This agreement is substantially similar to other site lease agreements currently in effect for other companies. The City has had a site lease agreement in place with T-Mobile West LLC (formerly Voicestream PCS) for this location since 2003. Rev. 7/18 cixr OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalmay com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease" or "Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West LLC, a Delaware limited liability company, ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T-MOBILE WEST LLC: T-Mobile USA, Inc. 12920 SE 38th St. Bellevue, WA 98006 Attn: Lease Compliance/SE04753A Re: BPA / Twin Lakes Site 1-877-373-0093 (telephone) 1-813-353-6449 (facsimile) CITY OF FEDERAL WAY: Taryn Weatherford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2562 (telephone) Tarvn.weatherford(a-icit offederalway.com City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises, together with necessary space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then -existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. SITE LEASE AGREEMENT - 1 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Aw Fe d e ra I Way 33325 Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 3. Rent. a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent $3745.97, Three Thousand Seven Hundred Forty -Five and 97/100 Dollars ("Rent") per month. As this site is currently in holdover, Tenant shall make all payments necessary to bring Rent payments current within thirty (30) days of executing this Lease. Any rent previously paid from and after the Commencement Date shall be offset against the new Rent. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Term_ s (if any). Each 4% increase shall become effective January 1st of each calendar year. C. Tenant previously paid the City one month's rent as a security deposit in the amount of Nine Hundred Seventy -Five and 00/100 Dollars ($975.00). Within thirty (30) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Two Thousand Seven Hundred Seventy and 97/100 Dollars ($2,770.97) to raise the deposit to the standard amount of one month's rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned light fixtures, if any have been removed or broken by Tenant's installation of Equipment. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building SITE LEASE AGREEMENT - 2 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL �.- Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City's request and within the reasonable time period prescribed by the City. However, such removal shall not be required to accommodate another carrier. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole SITE LEASE AGREEMENT - 3 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have sixty (60) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant's Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Cvm fiance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act SITE LEASE AGREEMENT - 4 - 11/2022 TMO Site ID: SE04753A crrr of CITY HALL �AIW* Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay com of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co -location of other telecommunications facilities on the Premises but agrees such grant of rights will prohibit others from interfering with the then current equipment of Tenant. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; SITE LEASE AGREEMENT - 5 11/2022 TMO Site ID: SE04753A CITY Of Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com v. Upon 10 days' written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion; vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnily and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any willful act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or SITE LEASE AGREEMENT _ 6 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoi%deralway com Tenant's Equipment except for claims arising from the sole negligence or willful act of City and its officers, boards, commissions, employees, agents, attorneys, and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including, with the exception of workers compensation insurance, the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: ii. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. Tenant may satisfy the liability requirements herein through the combination of any primary and/or excess liability policy. ii. Commercial automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty 30 days prior written notice shall be given to City by the insurer of any cancellation, with the exception of 10 days for non-payment of premium, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers authorized to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value SITE LEASE AGREEMENT - 7 - 11/2022 TMO Site ID: SE04753A CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasinp, or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, provided, however Tenant may assign without City's prior written consent, to a parent, to any party controlled by, or under common control with Tenant or to any party which acquires 5 1 % or more of the stock or assets of Tenant. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. Quiet Enjoyment, Title and Authority. Tenant acknowledges that its rights are further subject to Tenant's existing easement(s) with the Bonneville Power Authority ("BPA"). In the event such easements expire or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant, subject to BPA's interest in the Premises, that: a. City has authority to execute this Lease; SITE LEASE AGREEMENT - 8 - 11/2022 TMO Site ID:. SE04753A c17x of CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration. Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. This Lease shall be construed in accordance with the laws of the State of SITE LEASE AGREEMENT - 9 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL A4 k- Federal Way Feder 8th Avenue South Ms.Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. All actions heretofore taken or authorized by the parties to this Lease with respect to the Equipment and Premises that are the subject of this Lease are ratified, approved, and confirmed in all aspects. 26. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [signatures to follow] SITE LEASE AGREEMENT - 10 - 11 /2022 TMO Site ID: SE04753A CITY OF A1111111111�Federal Way ATTEST: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: Stephanie Courtney, CMC, City Clerk City Attorney, J. Ryan Call TENANT: T-Mobile West LLC, a Delaware limited liability company By: Name: Title: Date: T-Mobile West LLC STATE OF. COUNTY OF ) ss. I certify that I know or have satisfactory evidence that 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 instrument and acknowledged it as the of T-Mobile West LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of My commission expires 2023. SITE LEASE AGREEMENT - 11 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL '4S Fe d e ra 11�Vay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederaM,ay.com EXHIBIT A LEGAL DESCRIPTION OF PREMISES The property is legally described as follows: TRACTS A AND B, MEADOWPARK DIVISION 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 145 OF PLATS, PAGES 98-101, INCLUSIVE, IN KING COUNTY, WA TAX PARCEL: 542242-0900 SITE LEASE AGREEMENT - 12 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL '4! Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyolfedera/way. com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT SITE LEASE AGREEMENT - 13 - 11/2022 TMO Site ID: SE04753A T Mobile ZONING JURISDICTION: CITY OF FEDERAL WAY SITE ID: SITE NAME: SE04753A TWIN LAKES - BPA PROJECT TYPE: SITE LOCATION: FSA: ANCHOR+LWO 142B SW 849TH STREET TAEC FEDERAL WAY, WA MN LEGAL DESCRIPTION: UTILITY COMPANIES: PROJECT CONTACT LIST: MEADOW PARK DIV NO 01 POWER: BACKHAUUAAV: COMPANY PUGET SOUND ENERGY COMPANY APPLICANT: PROPERTY OWNER: CONTACT: CONTACT: T-MOSILE USA, INC. DITY OF FISDFJRAL WAY PHONE PHONE: 18007 NORTH CREEK PKWY N 333M STH AVE SOUTH, EMAIL: EMAIL: BOTHELL. WA 98011 FEDERAL WAY, WA 98003 PHONE: 425641-11Q (253) R1+70m LOCATION MAP DRIVING DIRECTIONS: FROM LOCAL T-MOBILE OFFICE (19807 NORTH CREEK PKWY N, BOTHELL, WA 98011) 1 MERGE ONTO 14056 WA THE RAMP ON THE LEFT TOWARD RENTON 8 TURN P.IGHT ONTO SW 345TH ST 2. 1405 S BECOMESM-51OW 9 TURN LEFT ONTO IOTH PL SW 3, MERGE ONTO IS S TOWARD FOR LAND 10. TURN RIGHT ONTO BW 347TN ST 4 TAKE EXIT 1428 TOWARD WA-161 SIPUYALLUP 11. TURN LEFT ONTO 12TH AVE SW S MERGE ONTO S 34STH ST 12. TURN RIGHT ONTO SW 349TH ST S S 348TH ST BECOMES SW CAMPUS DR 13 TURN LEFT ONTO SPA GRAVEL ACCESS ROAD 7 TURN LEFT ONTO 6TH AVE SW DESTINATION WALL BE ON THE RIGHT REVIEMPs SHALL CLEARLY PLACE INITIALS AOJACBNTTO EACH RECLINE NOTE AS DRAWINGS ARE BEING REVIEWED APPROVED BY: DATE: SIGNATURE: APPROVED BY: DATE: SIGNATURE: PROJECT MANAGER: RF ENGINEER SITE ACOUISTION: OPERATIONS MANAGER: ZONING: DEVELOPMENT MANAGER: CONSTRUCTION MANAGER: REGULATORY CONSTRUCTION MANAGER: a Km• •h.1'. BELOW. COII b.f. y mN --1611— TOWER OWNER: BONNEVILLE POWER ADMINISTRATION Tim NE 41 Sr GT- STE 130 VANCOUVER. WA 98862 CONTACT: JGNATHANTOOBIAN PHONE: (380)6196904 PROJECT ABE: COMPANY: TAEC CONTACT: JOEL HARTMAN, PE PHONE: (8D1)48510301Q107 EMAIL: pd h.,I—Qt.x.1 PROJECT INFORMATION: RF ENGINEER T4MOBILE USA, INC CONTACT: LARRY WEST EMAIL: LARRY.WEST16®TAIOMLE COM SITE ACQUISITION S PERMITTING: COMPANY:TAEC CONTACT: MEAGAN DOCKTER PHONE: ('ID6)21&7101 EMAIL: mmWR.dodderGt—W CONSTRUCTION MANAGER: COMPANY. TAEC CLVRADT TAYLOR FELT% PHONE: (225)800,2890 EMAIL: Wylw.rNX1014..0 CODE INFORMATION: ZONING CLASSIFICATION: RS7.2 BUILDING CODE: IBC 2018 CONSTRUCTION TYPE: JIB OCCUPANCY: US-2 JURISDICTION: CITY OF FEDERAL WAY PROPOSED BUILDING USE: UNMANNED TELECOM: SITE LOCATION (NAD83): LATITUDE: 47- 17' 10 rN (47288558'N) LONGITUDE'. 122' 2V 17 9YV (422354889'" TOR OF STRUCTURE 522.1'AMSL 1330 AGL BASE OF STRUCTURE: 3S0 IAMSL 09'AOL PROJECT LEASE AREA: PARCEL NUMBER: 150 SF 5422420900 NEW IMPERVIOUS AREA: AREA OF PARCEL: O SF ZW ACRES GENERAL INFORMATION: PARgNG REQUIREMENTS ARE UNCHANGED TRAFFIC IS UNAFFECTED SIGNAGE IS PROPOSED TTCIAWINCZ 1mM:Y' SHN SHEET DESCRIPTION - TITLE SHEET _ NOTES S LEGEND T-2 A -I SITE PLAN A-2 ENLARGED SITE PLAN 04 ANTENNAPLAN 1 EOUIPMENTPLAIJ A-4 Al T 0 2 FALVATDI40 A4T IETNLS A.T DETAILS A-0 DETAILS A6 Ar4TFxNA MOUNON21 CATONs IF1D HELIA%FBER FE�OPENOANT CONNECI ELE>;TAICAL NOTJ;S E-2 ELECTIT1CJµ PLAN. PANEL SCHEnULE, a DGORM" E.a ELECTRICAL DIAORAWS G-T GR➢UNOINGPLANS G-2 GROUNOINO DETAILS RF-I RF DETAILS RF-2 RF pA. 'AM PROJECT DESCRIPTION: T-MOBILE PROPOSES (PER RFDS VS,0&17-22) TO MODIFY AN EXISTING UNMANNED TELECOMMUNICATIONS FACILITY WITH: THE REMOVAL OF: • (7) (E) FSME (6) (E) SBNHH-I DSSB-SR • (2) (E) FBSC ANTENNAS (2 PER (3) (E) FRIE SECTOR ON POS 1 AND • (I) (E) FXFB ROB 2) (2) (E) F%FC • (8) (E) 1 SIB COAX • (1) (E) ERICSSON MINI CABLES LINK • (5) (E) DB192143D-A (1) (E) 2G PURCELL (EI SSO9P4S) TMA'S SUPPORT • (5)(E) TMAT1921137&21A • (a)(E) BATTERIES (El SZ01 PM) TMA'S • (1)(E) RECTIFIER SHELF • (3) (E) ECC102NVPUB • (1) (E) CSR 7705 BAR A DIPLEXERS (E)BREAKERS • (3) (E) CBC61S21X-D&2X • (3) (E) FRLB TRIPLEXERS (E)CONDUITS AND • (2) (E) MICROWAVE FLUSH CUT/SEAL ALL DISHES REMAINING CONDUITS (2)(E) ULTRASITE OUTDOOR CABINET • (1)(E)EMS THE RELOCATION OF: (E) GPS TO (N) ICEBRIDGE POST • (1)(E)GPS TO(N) ICEBRIDGE POST CLOSEST TO HPL3 THE ADDITION OF: M (?I)1w 4as ZD TRUNK WITH • HCS 2S J— {ONE FOR EACH SECTOR) • (3)(N) IF HCS 20 JUMPER CABLE-1 DAM WR AIRSCALE • (3)(N) 15 HCS 2.0 JUMPER CABLE-2XBAWG2PRAHFIG • (3) (N)16 HCS 2.0 JUMPER CABLE- 2XSAWG 4PR AEHC • (3)(N)FFW65A-R2-V1 ANTENNAS (ONE PER SECTOR ON POSITION I) • (3)(N) AEHC ANTENNAS (ONE PER SECTOR ON POSITION 1) • (3) (N) AHLOA RADIOS BEHIND POSITION 1 ANTENNA (ONE PER - SECTOR) • (3) (N) AHFIG RADIOS BEHIND POSITION 2 ANTENNA (ONE PER - SECTOR) • (1)(N) PURCELL HPL3500A BBC• • 12) (N) ASIB IN HPL3 (1) (N) ASIL IN HPL3 (2) (N) ABIO IN HPL3 • (3) (N) ABIA IN HPL3 • I3) I. ABIC IN HPL3 • (7) IN; AMIA IN HPL3 • (1) (N) VOLTAGE BOOSTER IN HPL3 • (1)(N) EXTRA BOOSTER AMPLIFIER (1) (N) RECTIFIER SHELF • (1) (N) MR IXRE V2 (GEN2) IN HPL3 (N)BREAKERS (1)(N) PURCELL L93 BATTERY CABINET (4) (N) BTRINOS OF BATTFWES IN 1113 (3) (N) HCS ZO J BOX ON HOT DIPPED GALVANIZED STRUT (1) (N) ICEBRIDGE NEAR TOWER (N) STEP UP STRUT BEHIND HPL3 (3)(N) ICEBRIDGE POST IN SOIL CLOSE TO FENCE TO LEAVE ROOM FOR CONDUIT (1) (N) TRENCHED CONDUIT BETWEEN CUBE AND HPL3 WITH (1) (N) 1' INTERDUCT (2) (N) SM LC TO LC FIBER CABLES (3) (N) SHEILDED CATS CABLES (2) (N)10 AM THHN POWER CABLES (1) (N) TRENCHED CONDUIT BETWEEN (N) INTERSECT PANEL AND (N) HPL3 WITH 3�0 POWER CABLE FOR HPL3 (1) N) DIVING BOARD OVE L. CABINET WITH (1) (N) TECH LIGHT AND GFCI TIMER (N) GRAVEL AND WEED AS ENT WHERE DIGGING TAKES PLACE (N) AIDS BEHIND HPL3 (1) (N) TECH LIGHT NEAR (N) COVP UNDERNEATH (N) ICEBRIDGE PIAJ6 FIIFPNID) TOE T Mobile 19807 NORTH CREEK PKWY N BOTIAELL. WA 88011 PING PPFPIAm :M TechnologytAssoclates SEATTLE MARKET OFFICE 97253RD AVENUE NE STE. 410 SEATTLE, WA M 15 r DN4ND]BKC SFAI ��—� BP/1MN0 NOIICD THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED V'rHOUTTHE EXPRESS WRITTEN CD:[BENT OF 7 •-:-'1 9C DESCRIPTION � DATE BY REN SITE N.ME TVA LAKES - BPA SE04753A 1425 SW 349TH STREET FEDERAL WAY, WA 9A023 -HFD TEE SHEET J1EE' NUMBD[ T-1 GENERAL NOTES R BE P T ,D,IEENDNEE.IENN1.-ITTENNIN NON �—B. �MY-1 xrmm,� EDw. #�nws� r•I• x��Mw�w IMuw�i.e'iFw"IwrE'Sir"OBEreAmRllT,kn-1rAenrearueueuw� LANDLORD SIGNATURE �rmvAN-B1ITn,eW-p� IrNiXlpa xr �a.l• ,a�wrt lrr'rn �lu.Uwncr K ABBREVIATION DEFINITION ABBREVATION DEFINITION n^',`'-tee e-ik[1'+i WMOM w=4-.r A T rql BPA TOWER BI4 TRANSMISSION LINE 1w1DR1 TACOMA-COVINGTON NOS 3 S 4 SITE# AD13 DRA of EPupw Mr DwA� TD,IE u UIILsu lDusty TIEn[cvrlw DFTWE CL Tr U-.asuEERRTE_Z@r emnr-gym MnWEe-L teemmw-relrrlAkLe.a[el.rfN 4r4LBrrM�.wAeMIArDC MW-ND Ec RMNEI Y I EoaN,DE 'G� sxlEo� wuAexnal E4r- - E.QAR.traE awaeEIIIE,ArELrNPNNEDw TSIA—_=1. 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Technology*#Associates SEATTLE MARKET OFFICE 9725 3RD AVENUE NE- STE. 410 SEATTLE WAM115 JIB APPRDVAL — okL RBrm - THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T-MOBILE. R DESCRIPTION RIPTION DATE 9V REV w mctl I .D.R. sA.rylrwR4N --.� W r In NME: TWIN LAKES - BPA iR N ,fER SE04753A 7 BB[ KG4A 1425 SW 349TH STREET FEDERAL WAY, WA 98023 Et[xT a� nIDHI NOTES 8 LEGEND SxEET NUMBER T-2 II I I � � I I I I I I I I I I - _- -------- - -- _ SW 348TH ST ! 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DESCRIPTION DATEs BY R}ir SRE M41E TWN LAKES - BPA SRE NUMBEx SE04753A 1425 SW 349TH STREET FEDERAL WAY, WA 98023 sHaT oEscnwlioN: SITE PLAN sHFFr lA.eEx A-1 ri l� 1)� rjrjl/l �ll' Ix uxoex—D Txu—Hl.noi Ruu 1+/ I�rnJlna e.snxEN ymfv.xwf>F I � ^ �Hp xll6l � LARGED SITE PLAN LANDLORD SIGNATURE BPA TOWER.- TRAN6MI6610N LINE TACOMA-COVINGTONN053B4 SREil AD13 4P.�mla rur.x6a�.rrw MD— aE loDE;x r v we ne.Exmuw.a.e�llori°Nic:i'".r�.. PWJS FRFPARFD Faa T Mobile 19JI07 NORTH CREEK PKWY 1J BOTHELL WA BE011 PLANS PIEPARD) Y$ Technology#*Associates SEATTLE MARKET OFFICE 57253RD AVENUE NE STE. 00 SEATTLE, WA 0115 J w'ROA1L -Aw THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF 'MOBIL E AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T-MOBILE- DESC RE DESC RIPTION I GATE BY REV I-Arw xmwnilu .aw.wl NaJ: xu- I SRE HAVE: TWIN LAKES- BPA SRE HIAiBD! SE04753A z E ass: 1425 ---TH STREET FEDERAL WAY, WA 98023 vxv enca.Ho-. ENLARGED SITE PLAN SHT£f NDueDc A-2 BPATOMR N314 TRANSMISSION LINE TACOMA-COVINGTON NOS 354 SITEOAD13 LANDLORD SIGNATURE TOWER: FINAL EQUIPMENT INVENTORY amrE aR tsaN4 ur iPWRaoor uA1R4cxua uooEl O1=1 1.) PI xwkeaxnN° III In 1w+nX. PI ,n;Y•,Er tn0• PI W nl nvcw4 �• xorE. °+t "M�.XaRlAtorrftl Wee®iw°emcaxern°c Mo RNAL. 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IfR%; HENA TYPE ]R ENCLOAIRE, ICDD LEFTFNOHi pMEMEI S 2ZM.YIW.A9 -.HT SS(E—) O // rrolanMO RAILS 1WRXEDRAL—CENTER —E r TlaiRrE:U I.�eov-ve _ • - a , i 5477.7 tti(t � al,1L 7AL r �MeT�LXAN9La i e O O ` W.NG NSwR: THESE DOCUMENTS ARE CONFIDENTIAL x �I'♦tev T-MOBILETME AVN TBP BE REPRODUCED, sHwm d urouT6 DISSEMINATED OR REDISTRIBUTED WATHOUT THE EXPRESS WRITTEN CONSENT OF T-MOBILE DEliCRIPTIOSI DATE BY REV CONDUIT STUB -UP kE 11 ELECTRICAL PANEL HT 8 ■au� 2 BACKHAUL CABINET �� PANTROL: PANLOC LITE RAB I DUTDpQR SERVICE LIGHT: XA-35U120 MSFDS - MSF-LLCM-E765 fw.:In. rLm "--- oaEauce waFrcwc -- ONATOIEA6TNv0 Alp UR6opROP6gL ---------- Ovl"M.*: ISLl XV 11— F!A'WA ELIMINATES MULTIPLE GENERATOR PLVO6 —ADAPTERS �O116TRY ETANOARD, COLOR CODED a NOLEPOLECONMECTOR6 TOUC 6AFEDESIONINW6IRY STAN--UNnNODECREASED aMENs 6.Im .svr•.tve lFLoaDLIDHn DRWERIWO TYPE XT}IRNR CWR.iEYI I- IMPUr WATTS' ]AtpW �"A"'per "a® LRE{✓t� MAiF1[VY ALlILiMY •JIE NAY[ UHNUURSEO SaL - lnW bYL. Sv eJAW{RlEefweRArlq UVTO1R,Wf Nol, rn TRuc[m+az�awu r E I:rnaEi€A6E LEDINFO ]samv ENCLOSURE aMF+lsuu.Hw,w TWIN LAKES- _:NIW� L:: "Ll cOLdITEMP ' cICOOLI COLOR ACCLMACY es oN 1 ' pa.f,zmz.+s:fl�l BPA kL _- _-__ -_ _ yR+w�l µ.r Tou ®AN METRII MENSIDN6 fl 1-olA-1—T 91rD NLMEA. SE04753A wacrd LToax --- ----- - amxVllll. HFNN �A-- Aa'rNIC-lout n.�. Dr.— vpx.}vl/! UI'� Rmm If'"'" GENERATOR INTERFACE UM LI]WAVRETGN Gu+nND GPnOxs WALL. POLE. GR ubwEr Mawr - vIE ADD12a: LI . 1425 SW 349TM STREET R1�] fnr-I FEDERAL WAY, WA 98023 SHEET DtJPnIPnaN: DETAILS Nrt,R>t G RNP c Eoi xo as. • ! IF MxRLE caxouR, n.cEIHc1;HTER OFTAExcH -- - �1 - J SHEET — pw8 Evnnv+s I -JOINT TRENCH 12 CAM LOCK CALE 9 S0"r SERVICE LIGHT 6 scALe METER SPECIFICATIONS 3 „;,:. N•,-e. N-TS SO Installation Instructions COMM0-169. Mounting Kits For Wide Panel Antennas BWeM E39625-1 • ReY on C - 3uv2014 AA4rt Srres:l rwr�1'09 1x far cy�ndried pip■ Pope 1 of 2 Var"cm leer`I l` ZdcrnO rl lnr Fs�awd,y,;Pph=TKrA Abd- ifi&Wle mer, imlwkfto k*40I� CCF,cl-cl -1 CJAa&I C -r if0. i t! iRA-QFA c..As. a•+a�r ss.aEr rsA3cz: INO ri cA1v A,PLAT!lA �.7�AIaxR.titir 1• rA Is 1t3;.�.is,lrsrlrs��v Fh FI I.IIA3 ui9 Tr'.SA;v 1d RRA' M1li_1=X1 P :'I.:,A SA 13 W*D�Y rN s:F-L=A:v 4 x> a Txx pee sTL*�v ¢w AmNi•w in..A Al I i K.�. ma M I T ricl •ein-n Yri• ppv.M errM Ili p� ti wbrlati YFYi • N y ner- _ _ _ Pad Llsh • Brocr.l Mp•. pogiN'o eocn cln� il.fri' "eMgrrd pevon', Pr■-ms■mblV of D.-M 6rack■ts —CRiriCAL: Fcr inch• nibloTc� •o pc•. doAnIJ1 bqc L•^- po.�fcn py- N cobowtll •b1Y Top 1 Middle Mount Installations ANTENNA MOUNTING SPECIFICATIONS — PWPMED BPAAOCOM NT TRANSMISSIONLINE m Mobile TACOMACONNO4 NSIT# ADLIE ■ ■ LANDLORD SIGNATURE 07 BOTHELL RAS801I N OTHELL EEKP 1 BSAMNT Mounting Kit Commseop■ (Continued from page Sure", 699e25-I - Revnbn C - 11AY 2014 Pope 2 of 2 AY3lAAL13Mr� 7 �, Men smrn �Tn 3r. K110 bo' bottom Mount Installation AfIf NIIOM InsM Ml2 bdN mtlM12 Not wasD•N Fb boc�N w■ bD, prior Io aeoc Knq bro<kN le onlmno Adjusting Anl■nrsa Till TN• i •alahnneM••en<• n of an aMMw iniA•oblbn l■•ftdd rlemowno�dM•rAm�l C-5— I,cn Inaawn P•-imnV Ant•-.e in1• wbe.:nf>•n•d wo•e yar by wa'fd rwwmrvlrro v'aY PAp+' n,laralm ma •f•rnr¢e and <n�MA'an ef.gsenwl Corr�n<op•on.bvroey bb:+ly o• �i'bNy brrY niNi al ir.. p-cqr o• I.n:al• irirobncn prgc• or. It •Mb mai'nnimn poua-b•Nm•d off '.Y'. _-"��'J'L. .-�..isrK`o•n-binllalbTon opMerm•d.hbA'a� •• •..r -...a+ •Pp'-eab4 sele'y peCO�lon Ni POB! rrr„•. �.. rAflwY■1�uiyll�ll �r•'••i0N�.'�nl [rrr i1rO�n+l�l1^rl wiy �m�nniaR raen%.•IXYIHi nwMMvfa r'rn iTi�w Vw� 4�rt•.p ✓r<•r • .•p�r��e Fn� wcq.rrw«pr� �� s>f •3rwi�-•ww•�m.bl r'wway Oe�wN[Pi•ini PLN19 PREPMED W. Technology,4Assoclales SEATTLE KIAPKET OFFICE 97253RD AVENUE NE ST&410 SEATTLE, WA 93115 ANmwG'd'•i N+IIaaL pFA� I- —EE.. SEAL i�l sEswwo NartY• THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTNIBUTED VATHOUT TLC IEWREf&NR17TErl CONSENT OF T-MOBILE. EM C: DESCRIPTION 'DATE By RLV mr T1MN LAKES BPA 011r MWNi! SE04753A P[E 3fq� 1425 SW 349TH STREET FEDERAL WAY. WA 9b023 Of5C1XFl1011: ANTENNA MOUNTING SPECIFICATIONS A-9 ;..• I.,u. -,1 F,.�•,I---{,:�, COMMSCOPE' �1 .II T ,IFI:i,II :1 COMMS03PE' k HELIAX FIBER FEED PENDANT CONNECT ie• •I, kiul P, 1LIIi,:gI qf, COMMSCc5PE' COMMSCOPE' 7 COMMSCOPE' co X8•_I1r11r:17j PI_�;i rl'_7riCYl COMMS03PE LANDLORD SIGNATURE BPA TOWER#314 TRANSMISSION LINE TAGOMA-COMNGTON NOS 394 SITE#AD13 Pwa PR p— FOR: T Mobile 1980] NORTH CREEK PM'fA' N eDTHELL. WA 98911 PLNS PRE-E, ft Technologyf#ksociales SEATTLE MARKET OFFISE 97153RDAVENUENE STE,419 SEATTLE WA98115 THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED. DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T-M091L& DESCRIPTION DATE BY i1CY I s1rt NAWC WAN LAKES - EPA SE04753A ar, .vRr,s 1425 SW 349TH STREET FEDERAL WAY, WA9B023 s ar. Fna�. HELIAX FIBER FEED PENDANT CONNECT sREEr nueeErt A-10 TOWER 4X4 TRANSM'S51 ON LINE '%PA .A.COMNGTONNOS 3 & 4 SITE4 AD13 LANDLORD SIGNATURE I GENERAL REQUIREMENTS 4 SUBSTITUTIONS LAT T LE AN RE __"I- A IN ' ALL I AID I """S I "M ER 5 TESTS "OA'..L. N1=1.RANA11.11­1 A. AND A I E _pE 1.E.DA­U """'11T11"EN�1RRNN1 ' "E' k REFMEnNRETNA'PTAN'CE=­.E DNTAA.TDA RNA"NRU ALI . E­EN1. IIATURE­ LDNDU1E1P­T­IEIjNWR­EE11­ HE 1-1 I =1 TA1..11 _HETMED TR =NT"_W,,MEEA`REWE' ET M=rl RATILWAITM111MITI TIEIITEIT111H1 RUALAIDN RIA11 BE U.EE BRUL141RD 5. PERMITS N_" 1"E M­'EIT 11EILATE= I R, I I I A IEIPEI I I PEET " AN E.`P`E r TURII UILEAB NITE1 11 =Ml. TIIEF PARE 1­ ­ N=E I RE"" D' AN DURE.EPAR.E­E __T. =1 IA. L" El FAILURE T. ­­ MI TIIE Pl­ 'IERTEU' AT NI A-_ AP '.E 7. 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REIDTMIE IIALL III EIIEEI 111- 11 7 EREIIT.IE��IEIIEXIEEMD,l��T.I�E�IM F�TUME UN_TIM EN M_ FOR I.E AWANIE 1. EULANATE U1111­1 ­. EA IRILUN. DI' ­L­1.M.1EIL1ND1.ILCWD 17RUETUNEOR EDUIPMEIT 1HALL BE REPAIRED V TIE -ALL ­ W­i. 1-1111E "LU 1' BLAN'.. ERE E_'LETE-0'P RI.TT.'­.. N".TA'LIE. IDAITAEIDA URTI 1 11.- TIE I I AR �T'E�DINEE A, IN *i_ _,Eiowhqy pt�'­ ­ IwpA.A DIE 2. ED UIPMENT LOCATION B. UTILITY SERVICE AN '.�=U'11PDAE1. M PENI"A.T'11�_l F1- PIPE RUIR y I T" E DI *111 'ALLTYRT "E.DEI"ED A TELEl.- AN IEIRIET�"'.I�A.LEU ETED'I I FABERI 11.1AL I yvr j=MNX=­W 1E1 LL EW III 1raTlA ZIMENT. E .. AID ARE 11 BE FILLDIA61 AI IL r1IL11A'UT'NU 'EIIISE" E ME z BE =ED.1 1LA'_ IN 'RIAL.I. , I'. T_ .LL THR AIDERET THEA­1ULE.PA­AND­E­EL-L .1% L, El DU E T. _E U 11 "TE.-E.- I BTALIURNE 1. ALL EOUINE.ENT. .1 I.E BE ­- UTU­ AARD �NPP,x wr mi, APkmn pm TI, IPPRIPIITE "DEI AID I 1"E "A I-PAYDROT El 7 .DALINDR. E_U'EAE. '.TEEIL = _=R 9. PRODUCT _EE TIAT _." E I A_UNA'E' _ ET.ENER.' AN EEL : EENEN`TBMN'E.ET-E.N ELE`1_M-'I­NT E ... L_' I ETRUIT 1EA11AI1E " ENT I UP E PE=TT­TEN ERATEU­11R.A11­RE ETLIPPE. IN A—— PATN T.E REDUARE.E­ F HE UB ­PRENT7:.L.H U_ RE I A.E T._ EDBT. FIE IN E TIE RE EITED T., E E.-NIALLED AND-EITTI111TEILIAL1111REMPE1 ""' "' "A A E 1;7 'E I 11�ETIN AP.1T1.1= ININ A A '_ DI 0 1 A ALL AAIERIALEAILLAE I- T,.E..B NEI AN. I E.l AND TI lIA BE U, RE .- DLUT IRUD E'MIIN'��ALL IEE�� �11EL DALIM111 ME 'DAIE � UNT DIIIALL. URETIATE. N111LE' INDRUNIER DAER 1=1.CEAAL1LC.1g1H1NE ilL PROJECT CLOSEOUT A =_=_'.T'.=ZT-AL BLILUTTERTREPDR1.11 PA­1.AN­ER ELEANPRENIM. IIAIL'EE­.­­��El AND LEAvE ­ IN A RE I A, � .11 LITH TRADE E=FL. I T�"".IREE:EIIT T. =EIIEI�E.IXIIA ­E IT Ar NE, T ITTEI ­E1­E­ANL.1E­.U..EER1­E N-E­­ NFFDRE PRDEEEDUNU 3-SHOP DRAWINGS PLUI_ N".T.. ELAIDEBIEN 1ULL11111VERIDI RUDI1­ENffII.DNTICT -EART"11LIE 1-11PEDIAPAPPEINAl" "UNTI-11 E LETR" L "LL "1.11 LUL.I.EL 111ND. U. ALL. -PRE-DA-E BUT . LEE ONLY IM INTERIOR RL.. AN U N _ D== =E E' lTI1A :n'E EM-'LfE 1E E I LE �%V= I.E 1. ­N. ACTUAL I.E­1 IOUTUNDI .1 111UNT1 ALL AR.HURES DINERATING MANIALS 1ATALML SNUP ..ALL RE TURNED DNEIA T. DAPUER ATAce rLp-h LAU-.- =-% ALL DUNII ­­ D' 01 1EET 11 111WH 1xL AIT FULL WE�r DUUT R = "AY BE 'IIFAI=TEI I "LLE I ALL R ANURLEI 11 CEILINI ILDDR - 111- EA.T11111 'AR.UTNU F ALL EAP.ED _.UN _N M.HITEIT PRNDA TI INVALUNI ALL IUNLE. 'ND=RE'N1'.' ..ATE I,LL vEAUmLR_-r s-RLL LINE X Uu qE swam:" mim � EAP - I== m 7-" L== Ue I,: ELECTRICAL GENERAL NOTES Af '_Is. IR TAA'_� wm=`._. wnnL.tpuXw In _ AAwatusn III. c-A _. PAI­. ELECTRICAL NOTES L KL U . . N L CIDNILUTIEDLARE.EITII- . UILI-) UN'ER"DU" _ to-_ E1=1N T"A=' NTAREAE) A.. I­E .... I Ap"' ­14C'TOR 'R'�'E`.'11`E`."EC"1A`=L1UN ATT`PA.'i;FL.. D AID wl� ... awm ILALE 1.UE TA- ART PILL REPE 1. T.E ­U­ A� EDUINED ARAE.&�-E­ "t #1� -LN, IIIIIPEt ARNUU.- 11 TARP ­p AT Iixim TRAP YM oa A, E1ffN1hAL i� MURE own w A1. 11T.- .1 RE AR INDRIE'N. SIM AwE fl... TRANII.-PAI rR PRUAE,AA. A— LINE- ELARERT 9 ­Ad- K.R Mm- - - A - GENERAL ABBREVIATIONS --/DIP- -EMEAD TELEINDARL-EIIIAD P-R ­ - ­EAD 1ELEP.-E LINE -DIP- -EMEAD PDAEN LINE E - ­ RI. WruHYY -T/E- ­E­ RUN -G- ­NDUNE EDADUETDR P-. - D T" 11 E_a-DIAITAL00111 1�11 "Ell AR ar E _ 'A A.l j.A =UAL'TA N11UAE A EXLI'XR� E =F11111 RE_ P. IATILDD ' 1`AT` DUNTIN. IIRAELt U11TZZDD I- _Uw IuiisELLL-� ­>m-" I'm l`RRR,% IRA ...IRRA EXITI 1ATUEN EIITERUNIE1EI EI11L11HINE I=L L.-N. EATALDD A— EMEYIDCY UINTINI ­ 1URIBEIL UU111. -IL. RN RI U-1- NIUIE =L­Ell Fo I .. NTRN. _ _11- ­AIDD N._ 11TALAE =N DLIRTI I— U.-L L _ GENERAL LEGEND -.I- PAILUM -'INNA, _At __ HUIIIIELL. wrINA-w ­ W - --- CHELUEAL 1­11) IDE IIIT IIEUND RNUDj "PimDAN, .. . . . . . VUNUEE.pgWpJVRt S T-.,E PIATCH I P- 1 ­54 HUA­ ATALDD PIRL TRE'C S. I ODDLE -1- 111-1 -ER ­E .1 IDIN I ALAILIM-DITA11. r .;ALMI '.NAE __ PDLE A (E) PDLI IDLITED .111 NEI PAID ..U.TE. AF.E. PLAINS PREPARED IFIC. Technologythsociates SEATTLE MAPKET OFFICE 9725 3RD AVENUE 14E STE- 410 SEATTLE WA 93115 THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS MITTEN CONSENT OF ­10BILE DEscRip-noN 04-M EY IM APAL WL TWIN LAKES - BPA SE04753A 1425 SW 349TH STREET FELECTRICAL Fstun NIAaER: vuL^1 i]0„ w '2F7i 7" PHASE Ig RE 3 PIRK£LL FI p RECEPTACLE A LIGHTS t 10 u u is r�„ 6 1 6 N Io NOTES: Ml zooAPrc 1 ALL EQUIPMENT (FUSES, CIRCUIT BREAKERS, BUSSING, ETC.) SHALL HAVE A SHORT CIRCUIT RATING EQUAL TO,Ircanoun snow rover ������q1,r��1���Iti LANDLORD SIGNATURE OR GREATER THAN, THE AVAILABLE SHORT CIRCUIT umnvooxxEcnw nldsure{Ylq CURRENT AT THE LOCATION. BPA TOWER °L4 TRANSMISSION LINE 2 ALL ELECTRICAL EQUIPMENT SHALL BEUL LISTED )Yj RptMaHlaIO�. Yc f�T TACOMA-COVINGTON N05]s4 °ITEY Ap1a �YAH 3. ALL ELECTRICAL POSED O THE RSHALL BE LISTED FO I HEATHER SHALL BE LISTED FOR EXTERIOR USE MAT mme°Oan°.e°A �'M+v�tr 4 SQUARE"0" NOOD PANELBOARD 5. CU-2 SHALL OPERATE ONLY IF CU-1 IS DISCONNECTED nI`xlcA1L NIIl II°A°°ArKN FROM POWER BY AUTOMATIC CONTROLS CrNE!IAArrBFF ewrvrq S. MULTIPLE CIRCUITS NEED COMMON -OFF" HANDLE CUPS H1uw Aw°>w•eTOIEI mA-YroNrTylFler u°uNaN° °rarE° . o"V scAl.l: 3 PANEL SCHEDULE NT.G 1 ONE LINE DIAGRAM [� p)pgrRTwrmcu°uR— � Nr, w. �Ylnr°`r°wra,Wen�cErinr 're�neee �iL�-- wninpdLan°c,...cwrix R1n Ave TrN°.nw°ru-•. ..rn. 0 w '.e', �"ro`AALL PI wIP.ECTRu°rknA .-.±.{f�. Acn r.weAE "ErEnPw°L—•'�--•'� e"�'u "w� .,n �'caAPvkT.r'4 aetFlwxFSE ...� I•.•• -�, mivPi H eve ewuManea/pea m.TP+e*gl 1 eerr4leweAe loud �•y DE ALARM WIRING DIAGRAM NOALE 4 Fn TOTAu I i N-TapS°°unurvN R— .. ro ..,.,„ �.a. OR�olawa°rN lrl FCEPRUP4 � tnx+IOa°Fro.Iw F°Aa° OtsR :alw _ — e LrrAFF�f w ry,s°i Ulal nenLWn .n.' a �I*Ip R 19 NexaAnd•x,.xl°a MBOE LR. IM'*-W�.LIII �.P�Iua.T.I. Ri.KL nl FP a^ ° �"� e e °r.IN.°rIBA°wnFR mA°R . � ryll�q[ RAaW`RT¢O RIFM� MHI�MAaA ceaLcnw. i D: 1IYIfi�w°11YtW T11IaFtFrtR 1I I �' c — agog "00 ***a goo* O,,O qo EQUIPMENT ELECTRICAL PLAN `, _," ,n` 2 AC POWER WIRING DIAGRAM N;4- 5 PUN PRE9 FOR T Mobile 19607 NORTH CREEK PIMN N BOTHELL WA WI RAr PRD'ARiD >N TechnologytAssoclates SEATTLE MARKET OFFICE 9FPi 3RD A4EIRlf 4E STE 411) SEATTLE WAM115 ..- .CT9N APPAwAI SCAL aluxxR NmICE: THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WT14O T THE E%PREM HIPTF}5.0 CONSENT OF Ta 03I LE. LLM3 S -OySLC �IPT1 ON TaAYE BY. REV n TVANLAKES - BPA sRE NueLu SE04753A klL 1425 SW 349TH STREET FEDERAL WAY, WA 98023 vl[F+ fn•aiWK+- ELECTRICAL PLAN, PAHL SCHEDULE, & RiAGRAtINS E-2 BPA TOWER MX/X TRANSMISSION LINE XXXNAMEXXX SITENXXXX LANDLORD SIGNATUREME. oF� , I. 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WA W11 INNS FR'Alllm fY- TechnologyAssoclates EEATTLE MARKET OFFICE 9725 3RD AVENUE NE STE 410 SEATTLE, WA 98115 AwsoXaloll y..qua vw, IMNIIID IIDIIC✓E THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF 'MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T-MOBILE. I[ WYG DESCRIPTION GATE 8•r REV M KAYD TWIN LAKES- BPA Wfi KUWEY SE04753A !Al IWA[SY 1425 SW 349TH STREET FEDERAL WAY, WA 98023 4K11 ICtlYP11Jr• ELECTRICAL DIAGRAMS M Y •pl\6XJL E-3 err[�crr�xE urxagm N,Nxc �. su�EaaYa!B f�xltri Ynn vu4 Na+ab q xexew+er,fbla� I xi�ueaE4a Vix.eiem rp.uyaD Ravxwwsrvnr ,�+br�1DEo����Esso. 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WA 83011 MAINS PRFPMD) BM. Technology`*Associates SEATTLE MARKET OFFICE 97253RD AVENUE NE STE 410 SEATTL E, WA 95115 V1fJ1CIg1I IPIROVAL SF V. r EIan1EEl91c sui � mAMTK9 Ko11cE: THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T+AOBILE REY6 DESCRIPTION DATE :!Y r-.in..m nnm•n ••. A •�w.a-•.Iles. � I • �R£lINYd TWN LAKES - BPA SffE NMABFI! SE04753A 9rt Nx4em: "I 7WAYWA— FSTREETFEDE9EscRlPnan: RF DETAILS SHEET MBMBD[ RF-7 3117/22, 11:50 AM SEO4753A AIdw 5 2022-03-17 Section 3 - Proposed Template Images Configuration 56791EZ_5R_U21 " For 5G and LTE Airscale BB dimensioning refer to Fiber Port matrices. (Alpha, Beta & Gamma) IB -MB On. 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WA B&011 FLNLS PREPI BY: Technology'Associates SEATTLE MARKET OFFICE 9725 3RD AVENUE NE, STE 410 SEATTLE, WA W115 THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED VOHO117 THE ERPHESS yR 1I-F:1 CONSENT OF T-MOI isrn4nu DESCRIPTION DATE BY 511E N41E TWN LAKES - BPA SIZE NI&IBER SE04753A snE ABOREss: 1425 SW 349TH STREET FEDERAL WAY, WA MW SNG:1 ar-»rc�: RF DIAGRAM sKE1:T NUNBD! RF-2 . .... .. . . .... ............ .�_, ,., W .,., ..,,, __ 7g COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ADD ONE (1) SENIOR TRAFFIC REVIEWER POSITION POLICY QUESTION: Should the City Council authorize the addition of one (1) Senior Traffic Reviewer position? COMMITTEE: Land Use and Transportation MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: EJ WALSH, P.E. DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated September 11, 2023. Options Considered: 1. Authorize one (1) Senior Traffic Reviewer position. 2. Do not authorize one (1) Senior Traffic Reviewer position and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the September 19, 2023 Council Consent Agenda for Approval. MAYOR APPROVAL: DIRECTOR / APPROVAL: [IIZP'n Cum [OF counciF/ Initial/Date Inaat ate Initial/Date fr COMMITTEE RECOMMENDATION: I move to forward Option I to the September 19, 2023 Consent Agenda. / V 1 to Jack Dovev, Committee Chair PROPOSED COUNCIL MOTION: "I move COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 4/2019 �- :7z� Member Floan Tran, C alnmittee Member adding one (1) Senior Traffic Reviewer position. " COMPLETED BY CITY CLERK'S COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: LUTC Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director SUBJECT: Authorization to add One (1) Senior Tra rr Reviewer Position FINANCIAL IMPACTS: This position is funded by the Red Light Fund and will be reimbursed by collected review fees. No foreseeable financial impacts to the City are expected as a result of an additional Senior Traffic Reviewer. BACKGROUND: The Traffic Division within Public Works currently has one (1.4) positions responsible for review of all development applications. Other responsibilities of the Traffic staff include supporting both Public Works and other Departments with traffic planning, traffic calming, traffic modeling, support of traffic capital projects, and more. Public Works has been using up to three (3) outside engineering firms to supplement the review workload, which also requires managing their contracts, assigning work, ensuring review consistency, and enforcement of City standards. The development community has been encouraging staff to add substantial additional internal review capacity within the Traffic Division for an extended time. The feedback provided is doing so increases their access to staff, ensures higher constency, which allows them to have clearer expectations, and to improve review times. As a City, over the last several years we have'seen both the number and complexity of applications continue to rise. Both of these factors require additional staff time and coordination which is not currently available to meet review goal timelines. Last year Council authorized increasing the number of reviewers from 0.4 to 1.4. That additional staff position has helped reduce the review backlog, and provided increased access to staff from both developers and the community at large. As part of that presentation, there was discussion if we should only add 1 position or if up to a total of 3 additional positions should be added simoultaneously. Several Councilmembers encouraged adding multiple, however staff recommended adding 1 and coming back to add an additional position once the workload had leveled and a demonstrated need could be verified. In looking at the current workload, active applications, and number of pre -application meetings that have occurred additional resources are needed to meet the expectations of the development community. It is expected that while this will further reduce the number of applications outsourced, we will still need to rely on outside engineering firms to complete review work for development applications to meet the number of applications currently and projected to be submitted. The application fees for development projects covers the City's review costs, therefore no foreseeable financial impacts are expected as a result of the addition of an additional staff member. This position is classified as Grade 52, with a range from $8,992 to $11,389 per month plus benefits. The total (salary plus benefits) for the first year amount to $143,873. 7h COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY SHERIFF'S OFFICE REGISTERED SEX OFFENDER COST REIMBURSEMENT AGREEMENT FOR 2023-2024 POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept the Registered Sex Offender (RSO) Overtime Cost Reimbursement Agreement from the King County Sheriff's Office (KCSO) for the 2023-2024 grant period? COMMITTEE: PRHS&PSC MEETING DATE: Sept. 12, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑] Other STAFF REPORT BY: Andy J. Hwang, Chief of Police DEPT: Police Attachments: 1. Staff Report 2. KCSO Cost Reimbursement Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: �3 DIRECTOR APPROVAL:`•'j����y3 Co mate to e l ai� Initial COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement to the September 19, 2023, egnsen enda.for a 'al. Vi�.Zf3J C minittee C1 it Com ittee Member Committee Member PROPOSED COUNCIL A" [ON: "I move approval of the proposed agreement and authorize the Chief of Police to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 12, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: King County Sheriff s Office (KCSO), Registered Sex Offender (RSO) Cost Reimbursement Agreement for 2023-2024 Financial Impacts: There will be no negative impact on City funds or the police department's operating budget. The revenue to the City from the King County Sheriffs Office (KCSO) Registered Sex Offender (RSO) Cost Reimbursement Agreement will be up to a maximum amount of $16,304.75. The cost reimbursement is for officer overtime for activities related to the performance of the grant services. The overtime our officer(s) work will be billed to KCSO via account number 001-0000-090-337-07-004. Background Information: The Federal Way Police Department (FWPD) will receive grant funding from the King County Sheriffs Department to support the Registered Sex Offender (RSO) and Kidnapping Offender Address and Residency. Verification Program. The grant will reimburse FWPD for overtime expenses incurred while verifying current addresses and residences of registered sex and kidnapping offenders, up to a maximum amount of $16,304.75. FWPD has participated in the King County RSO grant funding since at least 2009. Under the activities involved with this grant, FWPD will partner with King County to implement multiple program elements to ensure registered sex offenders comply with current legal requirements. Rev. 7/18 Cost Reimbursement Agreement Executed By King County Sheriff s Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: Jesse Anderson, Undersheriff King County Sheriff's Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Federal Way Police Department, a department of the City of Federal Way, hereinafter referred to as ""Contractor," Department Authorized Representative: Andy J. Hwang, Chief of Police 33325 8 Avenue South Federal Way, Washington 98003 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated Cost Reimbursement Agreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eleven (11) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2023 and shall end on June 30, 2024 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant -related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is the Offender Watch generated "Registered Sex Offender Verification Request (WA)" that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2023. Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Page 2 of 6 July 7, 2023 Cost Reimbursement Agreement Phone: 206-263-2122 Email: tina.keller@kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the IOth of the month following the billing period. Please note the following terms will be adhered to for the 2023-2024 Registered Sex Offender Address Verification Program: ■ Any agency not meeting at least 90% of required verifications will not receive that quarter's grant payment. • Any agency not using Offender Watch to track verifications will not receive that quarter's grant payment. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's' time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non -overtime related expenditures must be pre -approved by KCSO. Your request for pre -approval must include: 1) The item you would like to purchase, Page 3 of 6 July 7, 2023 Cost Reimbursement Agreement 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre -approval in email format. Requests for reimbursement from KCSO for the above non -overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Sixteen Thousand Three Hundred and Four Dollars and Seventy Five Cents ($16,304.75). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2024 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON -DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non -Discoverable Face Sheet." This form shall be attached to each "Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. Page 4 of 6 July 7, 2023 Cost Reimbursement Agreement ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant. ARTICLE VIII. HOLD HARMLESS/INDEMNIFICATION Contractor shall protect, defend, indemnify, and save harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of Contractor, its officers, employees, contractors, and/or agents related to Contractor's activities under this Agreement. Contractor agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by, or on behalf of any of its employees or agents. For this purpose, Contractor, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event King County incurs any judgment, award, and/or cost arising therefrom including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from Contractor. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE IX. INSURANCE Contractor shall maintain insurance policies, or programs of self-insurance, sufficient to respond to all of its liability exposures under this Agreement. The insurance or self-insurance programs maintained by the Contractor engaged in work contemplate in this Agreement shall respond to claims within the following coverage types and amounts: General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY. $5,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $5,000,000 aggregate limit. King County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City. Additional Insured status shall include Products -Completed Operations-CG 20 10 11/85 or its equivalent. Page 5 of 6 July 7, 2023 Cost Reimbursement Agreement By requiring such liability coverage as specified in this Article IX, King County has not, and shall not be deemed to have, assessed the risks that may be applicable to Contractor. Contractor shall assess its own risks and, if deemed appropriate and/or prudent, maintain greater limits or broader coverage than is herein specified. Contractor agrees to maintain, through its insurance policies, self -funded program or an alternative risk of loss financing program, coverage for all of its liability exposures for the duration of this Agreement. Contractor agrees, to provide KCSO with at least thirty (30) days prior written notice of any material change or alternative risk of loss financing program. ARTICLE X. NO THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this agreement. This agreement shall not impart any right enforceable by any person or entity that is not a party hereto. ARTICLE XI. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Federal Way Police Department ,od - 4 7.- 14 �:Z Andy J. Hwang, Chief of Police 7/.2-S /Z 3 Date KING COUNTY SHERIFF'S OFFICE Jesse Anderson, Undersheriff Date Page 6 of 6 July 7, 2023 EX H 151T A Page: 1 Verification Request Agency: King County WA Sheriffs Office Administrator: King County Sheriffs Office RSCPhone: (206)263-2120 Date: 6/16/2016 Offender Information Name test , test Registration # 2353765 POB SSN DOB 01/01/1990 Age 26 Alt Reg # Sex Orient Drv, Lic./State Race Nat. No Selection FBI Height Hair State ID Weight Eyes Last Verified: Risk Type Comm. Active Officer Alert LOOK HERE FOR OFFICER SAFETY INFORMATION Employment/School Date Offender Photo PHOTO NOT AVAILABLE I Name Address Supervisor Phone Residence (Bold - Primary Home Address) Street Alias Phone (Bold - Primary Contact Numbers) Scars/Tattoos Number Type Description Location Type Description Vehicle Make Model Color Year License State VIN Comments Offense Date RS Code/Description Convicted Released Case # Crime Details I d❑ hereby attest, under penalties of perjury, that any and all information contained here is current and accurate on this day of 20 Offender Signature- Officer Signature: Date: Produced by OffenderWalch-www.watchsystems.com Exhibit � REGISTEREDOFFICER CONTACT WORKSHEETIFICATION OFFENDER DETAILS: OFFENDER'S NAME: DOB: ADDRESS: CITY/STATE/ZIP: OFFENDER PHONE: ZIP CODE.: EMPLOYER: WORK PHONE: OFFENDER LEVEL IF KNOWN: FORM OF ID: DATE & TIME OF CONTACTS: *SEE KEY BELOW FOR CODING DATE / RESULT: DATE/ RESULT: TIME: TIME: DATE / RESULT: DATE/ RESULT: TIME: TIME: DATE / RESULT: DATE/ RESULT: TIME: TIME: RESULT OF CONTACT: MADE IN PERSON CONTACT: YES NO ❑ FTR CASE NUMBER ASSIGNED IF NO CONTACT MADE: STATEMENT TAKEN: YES NO El REPORTING PARTY INFORMATION: REPORTING PERSON: DOB: MAILING ADDRESS: CITY/ZIP: TELEPHONE: ALT # RELATION TO OFFENDER: NONE (UNKNOWN)❑ KNOWN;[. RELATION: *CONTACT CODE KEY: 1 = OFFENDER MOVED 5 = HOUSE FOR SALE 9 = TOOK STATEMENT 2 = BAD ADDRESS 6 = ARRESTED 3 = NOT HOME C?Fi l':Nl i _ : i �,J "All,,, REGISTERED SEX OFFENDER ADDRESS VERIFICATION Exhibit B OFFICER CONTACT WORKSHEET OFFENDER DETAILS: 4 = CHANGE OF ADDRESS 8 = DEAD OFFICERMETECTIVE: AGENCY: EXHIBIT C Date . Agency/Officer Suspect's Name: Incident number Witness Statement — Failure to Register Suspect's Last Registered Address: Witness' Name: Witness's Home Address: Witness' Home Phone Number Cell: Other: How do they know the suspect (please be as detailed as possible)? *If suspect rented an apartment or a room from the witness, please have them provide a copy of any documentations to this effect and any documentations the suspect moved out. Did the witness ever see the suspect at his/her last registered address? How often would they see him/her there? When did the witness start seeing him/her there? When did they stop? Why did the suspect stop staying at the address? Did the suspect keep any personal belongings there? In general, when is the last time they saw the suspect ? Do they know where the suspect moved to or their current whereabouts? Can they provide the names and contact information of any other witnesses who would have seen the suspect staying at his/her last registered address? Is the witness willing to assist in prosecution? Under penalty of perjury of the laws of the State of Washington, I certify that the foregoing is true and correct. Witness' Signature date EXHIBIT D WASPC GRANT FILING NON -DISCOVERABLE TO: KCPAO —Special Assault Unit— Seattle FROM: DATE. INCIDENT #: AGENCY: SUSPECT #1: DOB: RACE: SEX: M ❑ F❑ HGT SUSP #1 ADDRESS: CHARGE: Failure to Register as a Sex Offender DATE OF CRIME: VICTIM #1: State of Washington VICTIM #2: INTERVIEWED BY: NO ONE DPA NAME: 0 WGT: TYPE OF CASE: FTR - Failure To Register ` OTHER TYPE: J THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS FILING OF CHARGES: - Comments: ❑ DECLINE: - Comments: FWASPC STATISTICAL REPORTING TO Case Referral Received by KCPAO on this date Case filed by KCPAO: YES ❑ NO ❑ Cause Number Assigned: If no, please indicate why: Other Explanation: 7i COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASPC FUNDING FOR USE OF FORCE AND DUTY TO INTERVENE TRAINING POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department accept the one-time funding of $47, 455.50 from the Washington Association of Sheriffs and Police Chiefs (WASPC) for state - required Use of Force (UOF) and Duty to Intervene (DTI) training? COMMITTEE: PRHS&PSC MEETING DATE: Sep 12, 2023 CATEGORY: M Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lieutenant Mark Bensen DEPT: Police Attachments: 1. Staff Report Options Considered: 1. Approve the proposed funding to conduct state -required training. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: i[tECTDR APPROVAL: C+"A jC i 0111 Ill Ir UUncii 3 Illilia Z' COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement to the September 19, 2023, ,sent a ada for ap rova . ' ► V �L 20�� Com nittee Ch it tommiltee Member Committee Member PROPOSED COUNCIL M(TION: "I move approval of the proposed agreement and authorize the Chief of Police to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —I 1/1011 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 12, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: WASPC funds for Use of Force (UOF) and Duty to Intervene (DTI) training. Financial Impacts: There will be no negative impact on City funds or the police department's operating budget. The revenue to the City from the Washington Association of Sheriffs and Police Chiefs (WASPC) via the Washington Legislature in the amount of $47,455.50. The funding is for covering the costs of state -required Use of Force and Duty to Intervene training. Background Information: The payment of $47,455.50 is one-time funding from the WA Legislature to help agencies offset the cost of training related to the newly enacted Use of Force (UOF) and Duty to Intervene (DTI) legislation. They are State General Fund monies. They are passed through the WA Criminal Justice Training Commission and WASPC to the City of Federal Way. This funding was not restricted to new training but rather can be used to support expenses already incurred to meet the requirements. The legislature did not put specific requirements/allowable expenditures on the funds in an understanding that training can be delivered in a variety of ways. FWPD needs to meet the training requirements of the legislation. FWPD will keep training records to show that our officers have been trained. Rev. 7/18 _ 7' COUNCIL MEETING DATE: September 19, 2023 ITEM #; J CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MOU WITH THE HISTORICAL SOCIETY OF FEDERAL WAY POLICY QUESTION: Should the City renew the memorandum of understanding with the Historical Society of Federal Way? COMMITTEE: PRHSPS MEETING DATE: September 12, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Parks Director DEPT: Parks Attachments: 1. Staff Report 2. MOU between the City of Federal Way and the Historical Society of Federal Way Options Considered: 1. Approve the proposed MOU with the Historical Society of Federal Way. 2. Do not approve proposed MOU and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 3 D[RECTOR APPROVAL: IWiol1 Co mittrc 7 `4 Cau 1 [niti.11l]a1e InitiaMate initial [7�[e COMMITTEE RECOMMENDATION: I move to forward the proposed MOU to the September 19, 2023, consent agenda pppoval. C61n&ttee Chair Committee Member Committee Member COUNCIL MOTION: "I move approval of the proposed MOU. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 10, 2023 TO: City Council Members VIA: Mayor Ferrell and John Hutton, Parks Director FROM: John Hutton, Parks Director SUBJECT: Memorandum of Understanding with the Historical Society of Federal Way Financial Impacts: The financial impacts of this Memorandum of Understanding with the Historical Society of Federal Way (MOU) total of $52,500.00 for the term of the agreement, to be paid quarterly. Background Information: The City of Federal Way has had a long-standing positive relationship with the Historical Society of Federal Way that is mutually beneficial to both parties and the citizens and visitors of the City. Both parties desire to continue the current relationship, which the attached MOU is in furtherance of. The proposed MOU updates some terms of the previous agreements, including compensation, but is otherwise very similar to previous agreements in requirements and services provided. Rev. 7/18 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND HISTORICAL SOCIETY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of , 2023, by and between the undersigned representatives of the Historical Society of Federal Way ("Society"), a Washington State nonprofit corporation, and the City of Federal Way ("City"), Washington State Municipal Corporation. WHEREAS, the Society's principal function is to research, record, preserve and educate the public regarding the history of greater Federal Way; and WHEREAS, the Council desires to support the efforts of the Society to provide enhanced educational opportunities at the Cabins, and further its goals as described in its February 6, 2014 strategic planning document; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do agree as follows: 1. The Society agrees to perform the following tasks through July 31, 2024: a. Provide light maintenance and cleaning of the Barker and Denny Cabins at Hylebos Park. b. Open the cabins to the public on the second Saturday of each month from 12:00 p.m. to 4:00 p.m. during the months of May through October. c. Ensure that docents are available on -site to provide visitor information to the public. d. Accommodate special events at the Cabins upon request. Past examples have included school tours and Boy and Girl Scout tours. e. Enhance educational experiences by coordinating the presence of additional local groups such as the Northwest woodcarvers, Civil War reenactments, the Crazy Quilters of Federal Way, and the Old Time Fiddlers. f. Collect, document, preserve, conserve the cultural history of Greater Federal Way area. Grow the record by at least 2% annually. g. Educate the Greater Federal Way by making community presentations, i.e. schools, social classes at least for 5 of those shows per year. h. Obtain funds from various sources to pay for the expansion of programs and facility by increasing the private contribution by 10% over the 2022 amount in 2023 and 2024. Identify fundraising activities appropriate to the Society's mission and consistent with standard fundraising strategies. i. Develop and implement strategies to attract a more comprehensive representation of Greater Federal Way community by increasing the membership by 5% per year. Expand the relationship with the business community of Greater Federal Way, and School District by increasing business community financial support and School District financial support by 5% per year. k. Provide annual report to the Finance Director on the accomplishments of the stated goals and services starting with year-end 2023. 1. The Society will provide a quarterly invoice with interim progress report on the activities identified. in. The Historical Society will make its books and records available to the City for review. 2. In exchange for the services provided by the Society, the City agrees to pay the Society an annual sum of thirty-five thousand and 00/100 dollars ($35,000.00) in 2023, paid in four equal quarterly amounts of eight thousand seven hundred fifty and 00/100 dollars ($8,750.00) and an annual sum of Seventeen thousand five hundred and 00/100 ($17,500.00) in 2024, paid in two equal quarterly amounts of eight thousand seven hundred fifty and 00/100 dollars ($8,7500.00) for a total of fifty-two thousand five hundred and 00/100 dollars ($52,500.00) over the life of the contract. The total amount payable to the Historical Society pursuant to the original MOU and this Amendment shall be an amount not to exceed Ninety-two thousand five hundred and 00/100 dollars ($92,500.00). 3. The terms of this agreement will commence upon execution and continue until July 31, 2024. The parties may agree in writing to extend the term of this Agreement. 4. Indemnification. The Society agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent they are caused by the negligent acts, errors or omissions of the Society, its partners, agents, employees, or by the Society's breach of this Contract. The City agrees to indemnify, defend and hold the Society, its officers, directors, shareholders, partners, employees, and agents harmless from any and -all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent they are solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 5. Insurance. The Society agree to obtain and maintain general liability insurance covering liability arising from premises, operations, personal injury, bodily injury, death, and property damage with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. 6. This Agreement contains all of the agreements of the City and the Society with respect to any matter covered by this Agreement. No provision of this Agreement may be amended or added to except by written agreement signed by both parties. Neither party may transfer or assign any or all of its obligations under the Agreement without prior written consent of the other party. IN WITNESS WHEREOF, the City and the Society have executed this Agreement as dated above.: CITY OF FEDERAL WAY: Jim Ferrell, Mayor APPROVED AS TO FORM: ATTEST: City Attorney, J. Ryan Call HISTORICAL SOCIETY OF FEDERAL WAY: Mary Ehlis, President STATE OF WASHINGTON ) ) ss. COUNTY OF City Clerk, Stephanie Courtney, CMC On this day personally appeared before me Mary Ehlis, to me known to be the President of Historical Society of Federal way that executed the foregoing instrument, and acknowledged the 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 they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature _ Notary's printed name 2023. Notary Public in and for the State of Washington. My commission expires 7k COUNCIL MEETING DATE: September 19, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HERITAGE CAPITAL PROJECTS GRANT ACCEPTANCE — BROOKLAKE COMMUNITY CENTER POLICY QUESTION: Should the City Council accept the Heritage Capital Projects Grant and related contract with the Washington State Historical Society? COMMITTEE: PRHSPS MEETING DATE: September 12, 2023 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: Parks Attachments: 1. Staff Report 2. HCP Grant Contract Options Considered: 1. Approve the proposed grant acceptance and contract execution. 2. Do not approve proposed grant acceptance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: 2v1; -AICame !eoPvcyunci Inn�nllDate lniii�ellf7�tc Iniiialli?alc ld's _ Awl �r COMMITTEE RECOMMENDATION: I move to forward the proposed grant acceptance and contract -to the September 19, 2023, consent agenda for ap ;at. C' itte hit Committee Member Committee Member PROPOSE6 COUNCIL MOTION: "I move approval of the proposed grant acceptance and authorize executing the caWr6,r�, " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # I CITY OF FEDERAL WAY MEMORANDUM DATE: September 12, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director SUBJECT: Heritage Capital Projects Grant Acceptance for Brooklake Community Center Financial Impacts: The revenue to the City for the Heritage Capital Projects Grant will be $50,440 and will be credited to the Parks Department for the purposes of the Brooklake Community Center Evaluation & Design. The cost to the City to receive the funds are $104,000 in a 2:1 match for the award. Approved City funding for this match will be from Parks Department, budget line 303-7100-129-594-76-650. Completion of the Brooklake Community Center Evaluation & Design plan will provide information to assist the City in determining future costs of any resulting project for the property. Background Information: In May 2022, City staff applied for the Washington State Historical Society Heritage Capital Projects Grant with Council authorization to seek funding for a full evaluation and design plan for the original Brooklake Community Center cabin given its historical significance to the area. The Heritage Capital Project Grant Program is funded by the Washington State Legislature in the Capital Budget, and is administered by the Washington State Historical Society (WSHS). In exchange for the grant money awarded, the State of Washington and the WSHS receives the preservation and interpretation of historical sites and artifacts that have the potential to provide lifelong learning opportunities for the citizens of the state. In spring 2023, after the legislative session, staff received notice that the City's grant application was authorized for the full amount sought for the proposed project, in a 2:1 match condition for the award (the grant will provide 1/3 of the funding if the City provides 2/3 of the funding). Acceptance of this grant award will allow the City to proceed with the Brooklake Community Center Evaluation & Design plan, which will inform the City as it contemplates the future use of the property. City staff will ensure that all conditions of the grant award are met, including data collection and reporting requirements. Rev. 7/18 WASH IN GTON STATE HISTORICAL SOCIETY State of Washington Washington State Historical Society Contract #: 25-23 Grantee: City of Federal Way 1. PARTIES TO THE CONTRACT This state funded Contract for Heritage Capital Projects (Contract) is entered between City of Federal Way, 33325 8th Ave S, Federal Way, Washington, 98003 (Grantee) and the Washington State Historical Society, 1911 Pacific Avenue, Tacoma, Washington 98402 (Agency), and shall be binding upon all agents and all persons acting by or through the parties. 2. PURPOSE OF CONTRACT This Contract, including ATTACHMENTS A through H (collectively referred to hereafter as "Contract"), sets out the terms and conditions by which a grant is made for a Heritage Capital project during the 2023-2025 biennium from funds appropriated by the Washington State Legislature in Engrossed Substitute Senate Bill 5200 which was incorporated into the Capital Budget signed into law by the governor on May 16, 2023. RCW 27.34.330 provides statutory authorization for the funding program. The program is administered by the Agency. 3. DESCRIPTION OF HERITAGE CAPITAL PROJECT Funds awarded under this Contract shall be used by the Grantee solely for the "Brooklake Community Center Evaluation and Design," located at 726 South 356th Street, Federal Way, Washington, 98003, as described in ATTACHMENT B (PROJECT SCOPE OF WORK), and for the express purposes of the grant as described in ATTACHMENT C (PURPOSE OF PROJECT). 4. CONSIDERATION The parties agree that, in exchange for the grant money awarded pursuant to this Contract, the State of Washington and the Agency shall receive in consideration the preservation and interpretation of historical sites and artifacts that have the potential to provide lifelong learning opportunities for the citizens of the state, as described in this Contract, including ATTACHMENT B (PROJECT SCOPE OF WORK) and ATTACHMENT C (PURPOSE OF PROJECT). 5. AMOUNT OF GRANT The Washington State Legislature appropriated fifty-two thousand dollars ($52,000.00). Of this appropriation, the total funds available to the Grantee for reimbursement of eligible costs shall be fifty thousand four hundred forty dollars ($50,440.00). The Agency shall retain three percent (3.0%) of the appropriation, which is one thousand five hundred sixty dollars ($1,560.00) as the cost of administering the grant and this Contract. 6. COST SHARE The total cost of the projects shall include only those costs that are eligible expenditures as described in ATTACHMENT D (PROJECT BUDGET). Grantee agrees that the amount of state funding shall not exceed thirty-three and thirty-three one hundredths percent (33.33%) of the total cost of the project. The non -state portion of the total cost of the project shall be the Grantee's cost share of the total cost of the project. The amount of the Grantee's cost share shall be one hundred four thousand dollars ($104,000.00). 7. PERIOD OF PERFORMANCE Page 1 of 20 W,,SHINGTON STATE HISTORICAL srnr�p� SOC I ETY a q The period of performance under this Contract shall be from the date of the last signature of the contracting parties to June 30, 2025. Without further appropriation from the legislature, expenditures beyond this date shall not be reimbursed. The requirement set forth below in Section 8 to maintain ownership or a lease on the subject property, and to use it for the express purposes of the grant, shall remain in full force and effect for thirteen years following the date of contract completion, as defined in ATTACHMENT A (GENERAL PROVISIONS). 8. CAPITAL IMPROVEMENTS TO BE HELD BY GRANTEE a. Capital improvements funded by the Heritage Capital Projects grant are to be used for the express purpose of this grant. No funds appropriated for a Heritage Capital Projects grant shall be used for capital improvements not included in the legislative appropriation and specifically designated in this Contract with the Agency. b. As required by RCW 27.34.330, capital improvements funded by this grant shall be held by the Grantee for at least thirteen (13) years from the date of contract completion; the facilities shall be used for the express purpose of the grant as set forth in this Contract, including ATTACHMENT B (PROJECT SCOPE OF WORK) and ATTACHMENT C (PURPOSE OF PROJECT); and, if mobile, used primarily in Washington State. The Grantee agrees that it will maintain ownership or lease of ALL property to be held, as described in ATTACHMENT G (PROPERY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S)), for thirteen (13) years beyond the date of contract completion. Failure to maintain ownership or a lease on the subject property for thirteen years following the date of contract completion shall constitute a breach of this Contract. Pursuant to the terms of this Contract and RCW 27.34.330, if the Grantee is found to be in breach of this Contract, the Grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. c. The Agency maintains right of entry for thirteen (13) years from the date of contract completion to ensure continued compliance with this Contract. The Grantee will be monitored for continued property control and project outcomes as described in the contract statement of purpose. Monitoring tools appropriate to the project purpose will be determined during the project closeout process and declared in writing from the Agency to the Grantee. Monitoring tools may include, but are not limited to, reporting of annual metrics as declared in the project closeout letter, scheduled and unscheduled site visits, or requests for images for publication. During the monitoring period, the Grantee may request mitigation of monitoring tools to support enhancing the public benefit provided by the Grantee. 9. REAPPROPRIATION The parties hereto agree and understand that any state funds not expended and billed by end of the biennium, June 30, 2025, will lapse on that date unless reappropriated by the Washington State Legislature. If funds are so reappropriated, the Agency's obligation under the terms of this Contract shall be contingent upon terms of such reappropriation. Grantee may not rely to its detriment upon use of funds not properly billed or not appropriated. The Grantee shall be allowed only two requests for reappropriation of the funds awarded in this Contract. Approval of such requests is not guaranteed. Page 2 of 20 WASHINGTON STATE HISTORICAL SOCIETY MS9 n'�y 10. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract are subject to this Contract, which include the following attachments, and which are made a part of this Contract: ATTACHMENT A (GENERAL PROVISIONS) ATTACHMENT B (PROJECT SCOPE OF WORK) ATTACHMENT C (PURPOSE OF PROJECT) ATTACHMENT D (PROJECT BUDGET) ATTACHMENT E (SOURCE OF AVAILABLE FUNDS) ATTACHMENT F (CERTIFICATION OF AGREEMENTTO FOLLOW ALL LAWS) ATTACHMENT G (PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTIONS) ATTACHMENT H (LEASES, CONTRACTS, AND AGREEMENTS) 11. ENTIRE CONTRACT This Contract, including all attachments, constitutes the entire agreement between Agency and Grantee and supersedes all previous written or oral agreements or understandings between the Agency and Grantee related to this Contract. This Contract may be amended as set forth in the Contract Modifications in ATTACHMENT A (GENERAL PROVISIONS). 12. CONTRACT REPRESENTATIVES The Grantee's representative shall be the contact person for all communications and billings regarding the performance of this Contract. The Grantee's representative shall be: Autumn Gressett, Contract Administrator City of Federal Way 33325 8th Ave S, Federal Way, Washington, 98003 253-263-5778 autumn.gressett@cityofFederalway.com The Agency's representative shall be the contact person for all communications and billings regarding the performance of this Contract. The Agency's representative shall be: Jennifer (Jay) Baersten, Director of Heritage Outreach Washington State Historical Society 1911 Pacific Avenue, Tacoma, Washington 98402 253-244-1683 jay.baersten@wshs.wa.gov 13. SIGNATURES Jennifer Kilmer, Executive Director Washington State Historical Society Date Jim Ferrell, Mayor City of Federal Way Federal Tax ID#: 91-1462550 Date Page 3 of 20 WASH I N G TO N S T R T C HISTORICAL SOCIETY "VOV CONTRACT #: 25-23 ATTACHMENT A GENERAL PROVISIONS CONTENTS A. HEADINGS AND DEFINITIONS 1. Headings 5 5 2. Definitions 5 B. GENERAL CONTRACT TERMS 6 1. Order of Precedence 6 2. Contract Modifications 6 3. No Waiver 6 C. PERFORMANCE AND GENERAL RESPONSIBILITIES 6 1. Non assignability 7 2. Independent Capacity of Grantee 7 3. Ownership of Project/ Capital Improvements 7 4. Hold Harmless 7 5. Acknowledgement 7 6. Ethics Compliance 7 7. Public Disclosure/ Confidentiality 8 D. COMPLIANCE WITH LAWS, RECORDS, AND INSPECTIONS 8 1. Compliance with Applicable Law 8 2, Records, Reports, and Audits 8 3, Right of Entry 9 4. Evaluation and Monitoring 9 5. Hazardous Substances 9 6. Governor's Executive Order 21-02 9 7. Prevailing Wage Law 9 8. Industrial Insurance Coverage 9 9. Nondiscrimination Provision 10 E. FUNDING REIMBURSEMENT AND BUDGET 10 1. Reimbursement 10 2. Recapture of Funds 10 3. Reduction in Funds 11 F. TERMINATION AND DISPUTES 11 1. Dispute Resolution 11 2. Termination or Suspension for Cause 11 3. Termination for Convenience 12 4. Termination for Fraud or Misrepresentation 12 5. Termination Procedures 12 6. Governing Law and Venue 13 7. Severability 13 Page 4 of 20 WASH INGTON STATE HISTORICAL SOCIETY: y � o A. HEADINGS AND DEFINITIONS 1. Headings Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. 2. Definitions Agency -the Washington State Historical Society. Authorized Representative- an elected or appointed officer of the corporation or agency, or alternate designated in writing by the Grantee's governing authority, who acts officially on the Grantee's behalf. Authorized Signatory- an executive officer of the corporation or agency's governing authority designated to sign contracts on behalf of the Grantee. Cash match- money from the grantee organization or from other sources, which can include grants from foundations, nonstate governmental agencies, individuals, corporations, and others. Cost share- those costs, including cash and in -kind, that the grantee will incur from its own resources or from other cooperating organizations to complete the project described in the Contract. Date of grant authorization- the date the Washington State Legislature initially appropriated funds for the project. Date of contract authorization- the last date of an authorized signature on the Contract Form. Date of contract completion- the date of the project closeout letter from the Agency which initiates the thirteen (13) year monitoring period. Grantee -the applicant that has been awarded a grant of funds and is bound by this executed Contract, including any officers, employees, or agents lawfully representing the Grantee. Heritage organization- a group whose purpose is to collect, preserve, or interpret history, heritage, and culture. Heritage capital project- project that involves the physical plant of a heritage organization, a historic landscape, archaeological site, historic ship, locomotive, airplane, other transportation conveyance, or acquisition of a property for protection and stabilization of heritage resources or by a heritage organization for purposes of new construction. In -kind contributions- contributions to a project that are not part of cash match. May include materials and supplies, professional consultation, legal and accounting services specific to the project, architectural design fees, and volunteer labor. Local government agency- city or county agency, port district, or public development authority. Nonprofit organization- organization incorporated under the nonprofit laws of the state of Washington and holding a 501(c)(3) tax determination from the IRS. Page 5 of 20 WASH N GTON SYATE HISTORICAL SOCIETY V*"v Other entity- As authorized by RCW 27.34.330, an entity that meets all criteria for Heritage capitol project funding and can be considered for a grant award at the discretion of the Washington State Historical Society Real property value- fair market value of real property when such property is acquired solely for the purpose of a heritage capital project. Evidenced by a current fair market appraisal performed by a qualified, professional real estate appraiser. Total project.costs- include, but are not limited to, the amount sought from the fund and what the applicant will provide as cost share. B. GENERAL CONTRACT TERMS 1. Order of Precedence The items listed below are incorporated by reference herein. In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order. 1. Applicable federal and Washington State statutes and regulations 2. State executive orders 3. Terms and conditions of this Contract 4. ATTACHMENT (GENERAL PROVISIONS) 5. Other attachments or material incorporated by reference. Contract Modifications a) This Contract may be modified by mutual agreement of the parties. Such modifications shall not be binding unless in writing and signed by both parties prior to implementation of the modifications. Any oral understanding or agreement not incorporated herein shall not be binding. b) Budget modification by the Grantee of not more than ten (10) percent of any line item or combination of line items from the Project Budget (ATTACHMENT D) is excepted from subsection 2(a). Modifications that increase a line item must be offset by reductions in other line items so there is no increase to the total amount available to the Grantee in this grant. c) The Grantee shall notify the Agency in writing prior to making any budget modification or combination of budget modifications that would exceed ten (10) percent of any line item. Budget modifications exceeding ten (10) percent of any line item or combination of line items constitutes a Contract Modification and must be approved by both parties in writing prior to implementation of the modification. 3. No Waiver Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing signed by the authorized representatives of the Agency and the Grantee. C. PERFORMANCE AND GENERAL RESPONSIBILITIES Page 6 of 20 WASNINGTON STATE HISTORICAL SOCIETY e ` s q� 1. Non -assignability Neither this Contract nor any claim arising under this Contract shall be transferred or assigned by the Grantee without written permission from the Agency. 2. Independent Capacity of Grantee The parties intend that an independent relationship will be created by this Contract. The Grantee and its employees or agents performing under this Contract are not employees or agents of the Agency. The Grantee and its employees or agents will not hold themselves out as nor claim to be officers or employees of the Agency or of the State of Washington by reason of this Contract and will not make any claim, demand, or application to or for any right or privilege which would accrue to such employee under law. Conduct and control of the work will solely be with the Grantee. 3. Ownership of Project/ Capital Improvements The Agency makes no claim to any real property improved or constructed with funds awarded under this Contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/ or equipment constructed or purchased with state funds under this Contract. This provision does not extend to claims that the Agency may bring against the Grantee in recapturing funds expended in violation of this Contract. 4. Hold Harmless To the extent permitted by law, the Grantee shall defend, protect, and hold harmless the State of Washington and the Agency, its employees, agents, officers, and assigns from and against all claims, suits, or actions arising from the Grantee's acts or omissions and those of its employees, officers, and agents, including those which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark, or tradename through use or reproduction of material of any kind. The Grantee shall be required to indemnify, defend, and hold harmless the State only to the extent the claim is caused in whole or in part by negligent acts or omissions of the Grantee. The Grantee waives its immunity under Title 51 RCW (Industrial Insurance) to the extent required to indemnify, defend, and hold harmless Agency, the state of Washington and agencies, officials, agents, or employees of the state. 5. Acknowledgement The Grantee shall announce in its publicity materials, on a posted sign during the project, and on a permanent marker that the State of Washington is a source and the Washington State Historical Society the administrator of these funds unless such requirement is modified or waived in writing by the Agency. 6. Ethics Compliance The Agency may, by written notice to the Grantee, terminate this Contract if it is found after due notice and examination by the Agency that there is a violation of the Code of Ethics for Municipal Officers (Chapter 42.23 RCW) or any similar statute involving the Grantee in the procurement of, or the performance under, this Contract. Page 7 of 20 W<SNIN GTON STATE HISTORICAL rnrn� SOCIETY 7. Public Disclosure/ Confidentiality a) The Grantee acknowledges that the Agency is subject to the Public Records Act (Chapter 42.56 RCW), and that this Contract shall be a public record as defined. Any specific information that is claimed by the Grantee to be confidential or proprietary must be clearly identified as such by the Grantee. If a request is made to view the Grantee's information marked as confidential, the Agency will notify the Grantee of the request and the date that such records will be released to the requestor unless the Grantee obtains a court order enjoining that disclosure. If the Grantee fails to obtain the court order enjoining disclosure, the Agency will release the requested information on the date specified. b) The Grantee shall not use or disclose any information concerning the Agency, or information which may be classified as confidential for any purpose not directly connected with the administration of this Contract except (1) with prior written consent of the Agency, or (2) as may be required by law. D. COMPLIANCE WITH LAWS, RECORDS, AND INSPECTIONS 1. Compliance with Applicable Law a) The Grantee agrees to be aware of, and comply with, all applicable and current federal, state, and local laws, regulations, and policies. The Grantee's confirmation of this requirement is contained in ATTACHMENT F (CERTIFICATION OF AGREEMENTTO FOLLOW ALL LAWS). Agency is not responsible for determining compliance. b) In the event of the Grantee's noncompliance or refusal to comply with any applicable law or policy, the Contract may be suspended or terminated in whole or in part, and the Grantee and the project may be declared ineligible for further grant awards from the Agency. c) The Grantee further agrees to indemnify and hold harmless the Agency from all liability, damages, and costs of any nature including but not limited to costs of suits and attorneys' fees assessed against the Agency, as a result of the failure of the Grantee to so comply. Records, Reports, and Audits a) The Grantee shall maintain books, records, documents, and other evidence of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the Agency, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Contract. The Grantee will retain all books, records, documents, and other materials relevant to this Contract for six years after full termination or expiration of this Contract, which includes the thirteen (13) year monitoring period that begins on the date of the closeout letter at contract completion, and make them available for inspection by persons authorized under this provision. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Page 8 of 20 WASH IN GTON STATE HISTORICAL ti����'r�ae SOCIETY E �f�'Z Ietl9 any b) The Grantee shall comply with all auditing requirements, including audit requirements for the expenditure of more than $100,000 or more in total state funds in a fiscal year, if applicable. 3. Right of Entry The Grantee shall provide right of access of its facilities to the Agency or to any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/ or quality assurance under this Contract. 4. Evaluation and Monitoring a) The Grantee shall cooperate with and fully participate in any monitoring or evaluation activities conducted by the Agency that are relevant to compliance with this Contract, including providing initial and updated project plans for Agency review and approval and facilitating record production and periodic site inspections. b) The Grantee shall provide the Agency with digital images and narratives that depict the progress made on the project. Such images will be used by the Agency to support reimbursement requests and to inform the public about the grant program on the web and elsewhere. Images and narratives shall be provided with each request for reimbursement. 5. Hazardous Substances The Grantee will defend, protect, and hold harmless the Agency, and any and all of its employees and/ or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorney's fees), and any and all loss of any nature from any and all claims or suits resulting from the presence of, or release or threatened release, of hazardous substances as defined in RCW 70.105D.020, on the property covered by the Contract. 6. Governor's Executive Order 21-02 The Grantee shall comply with Governor's Executive Order 21-02. In the event that historical or cultural artifacts are discovered at the project site during construction, the Grantee shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Washington State Department of Archaeology and Historic Preservation. 7. Prevailing Wage Law The project funded under this Contract may be subject to state Prevailing Wage law (RCW 39.12). The Grantee is advised to consult with the Industrial Statistician at the Washington State Department of Labor and Industries to determine whether prevailing wage must be paid. The Agency is not responsible for determining whether prevailing wage applies to this project or for any prevailing wage payments that may be required by law. Industrial Insurance Coverage The Grantee shall comply with all applicable provisions of Title 51 RCW (Industrial Insurance). Page 9 of 20 WASIIINGTON STATE HISTORICAL SOCIETY Estill 9. Nondiscrimination Provision a) During the performance of this Contract, the Grantee shall abide by all applicable federal and state nondiscrimination laws and regulations, including but not limited to Washington's Law Against Discrimination (RCW 49.60) and the Americans with Disabilities Act (42 U.S.C. 12101 et. seq.). b) In the event of the Grantee's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Contract may be suspended or terminated in whole or in part, and the Grantee may be declared ineligible for further Contracts with the Agency. The Grantee shall, however, be given a reasonable time in which to remedy in accordance with the "Dispute Resolution" procedure set forth in Section 25 of this Contract Attachment. E. FUNDING REIMBURSEMENT AND BUDGET 1. Reimbursement a) Payment to the Grantee shall be made on a reimbursement basis only, for eligible costs incurred, using forms provided by the Agency. Reimbursement shall be allowed for (1) actual costs incurred and paid. No advance payments shall be made to the Grantee. Purchases of goods will be reimbursed upon receipt, and services will be reimbursed upon completion of work. b) Each request for reimbursement shall include a state voucher form and digital images and a narrative report describing the work completed and the status of the project. The reimbursement request shall not include any costs already reimbursed by or charged against any other grant or other source. The voucher must be certified by an official of the Grantee with the authority bind the Grantee. c) After receiving and approving the voucher and accompanying information, the Agency shall promptly remit a warrant to the Grantee. The obligation of the Agency to pay any amount(s) under this Contract is expressly conditioned upon compliance with the terms of this Contract by the Grantee. d) The expenditure of state funds shall not exceed the intended state share of the total cost of the project at any time, and shall be consistent with the Legislative appropriation. e) The final request for reimbursement under this Contract shall be submitted by the Grantee to the Agency within fifteen (15) days following the completion of the work or other termination of the Contract and be accompanied by a final narrative report and digital images of the completed project. Recapture of Funds In the event that the Grantee fails to expend state funds in accordance with state law and/ or the provisions of this Contract, the Agency reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the Grantee of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the Agency is required to institute proceedings to enforce this recapture provision, the Agency shall be entitled to its cost thereof, including reasonable attorneys' fees. Page 10 of 20 WASH INGTON STATE HNSTORICALT"rEQ�, SOCIETY 3. Reduction in Funds In the event state funds appropriated for the work contemplated under this Contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the Contract period, the Agency may suspend or terminate the Contract under the Termination for Convenience clause without advance notice, subject to renegotiation at the Agency's discretion, under those new funding limitations and conditions. F. TERMINATION AND DISPUTES 1. Dispute Resolution a) The parties shall make every effort to resolve disputes arising out of or relating to this Contract through negotiation. b) Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing according to the process set out in this Section. Either party's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The Grantee's name, address, and project title. c) In order for this Section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this Section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person selected by the Grantee, one person selected by the Agency, and a third person chosen by the two persons initially appointed. d) Any hearing under this Section shall be informal, with the specific processes to be determined by the dispute panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. The dispute panel shall be governed by the provisions of this Contract in deciding the dispute(s). e) The parties shall be bound by the decision of the dispute panel, unless the remedy directed by that panel is outside the legal authority of either or both parties to perform as necessary, or is otherwise unlawful. f) Request for a dispute hearing under this Section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received written notice of the action or position of the other party that it wishes to dispute. The written agreement to use the process under this Section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. g) All costs associated with implementation of this process shall be shared equally by the parties. 2. Termination or Suspension for Cause a) In the event the Agency determines the Grantee has failed to comply with the conditions of this Contract the Agency has the right to suspend or terminate the Contract. Before suspending or terminating the Contract, the Agency shall notify Page 11 of 20 WASH IN GTON 5TATE HISTORICAL SOC I ETY P f aff� �ea� auy the Grantee in writing of the need to take corrective action. If corrective action is not completed within 30 days of receiving notice, the Contract may be terminated or suspended. b) In the event of termination or suspension for cause, the Agency may require the Grantee to repay all or any portion of the state funds paid to the Grantee prior to termination. c) The Agency may enforce this Contract by the remedy of specific performance, which includes, but is not limited to, completion of the project as described in this Contract. However, the remedy of specific performance shall not be the sole or exclusive remedy available to the Agency. No remedy available to the Agency shall be deemed exclusive. The Agency may elect to exercise any combination, or all of the remedies available to it under this Contract, or under any provision of law, common law, or equity. 3. Termination for Convenience a) Notwithstanding any provisions of this Contract, either party may terminate this Contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. b) In the event this Contract is terminated, the Grantee shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the Agency, as the Agency reasonably determines. 4. Termination for Fraud or Misrepresentation In the event the Grantee commits fraud or makes any misrepresentation in connection with the grant application or during the performance of this Contract, the Agency reserves the right to terminate or amend this Contract accordingly, including the right to recapture all funds disbursed to the Grantee under the grant. Termination Procedures a) After receipt of a notice of termination, except as otherwise directed by the Agency, the Grantee shall: i. Stop work under the Contract on the date, and to the extent specified, in the notice; ii. Place no further orders or sub -grants for materials, services, or facilities related to the Contract; iii. Preserve and transfer any materials, Contract deliverables and/ or Agency property in the Grantee's possession as directed by the Agency. b) Upon termination of the Contract, the Agency may pay the Grantee for any service provided by the Grantee under the Contract prior to the date of termination, unless the Agency reasonably determines in its sole discretion that the amount due is necessary to protect the Agency against potential loss or liability resulting from the termination. The Agency shall pay any withheld amount due up to the date of termination to the Grantee if the Agency later determines that a loss or liability will not occur. Grantee shall not be paid for any work done after the termination date. c) The rights and remedies of the Agency under this Section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. Page 12 of 20 WASH IN GTON STATE HISTORICAL SOCIETY 4+1" ISO yu1 Governing Law and Venue This Contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Contract shall be the Superior Court of Thurston County, Washington. The Grantee, by execution of this Contract acknowledges the jurisdiction of the courts of the State of Washington. Severability If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of the Contract which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract, and to this end the provisions of this Contract are declared to be severable. Page 13 of 20 WASHINCTON STATE HISTORICAL SOCIETY CONTRACT #: 25-23 ATTACHMENT B PROJECT SCOPE OF WORK PROJECT SCOPE OF WORK Element of Work I Description s rA ate, u efts Design and Planning Architectural evaluation and design including an existing conditions assessment, "as -built" (existing conditions) drawings, a Historic Structure Report (HSR), design drawings, and cost estimates Structural engineering evaluation and design including a memorandum of findings listing structural deficiencies/upgrades needed, design drawings, and cost estimates Building systems evaluation and design including a report of the existing conditions of the mechanical, electrical, and plumbing systems; schematic design drawings; and cost estimates for correction of deficiencies or to perform needed updates/upgrades Civil and geotechnical engineering evaluations and designs including a report of soil capacity and filtration capacities, a memorandum of findings listing necessary site improvements, design drawings, and cost estimates for addressing improvements Archaeological evaluation including an Archaeological Site Inventory Form Land use planning, evaluation, and design including a determination of critical areas, the preparation of a site plan and map, preparation of a State Environmental Policy Act (SEPA) Environmental Checklist, and a draft Master Plan and Design Study document CERTIFICATION The Grantee, by its signature, certifies that the Project Scope of Work set forth above has been reviewed and approved by the Grantee's governing body or board of directors, as applicable, as of the date written below. The Grantee shall make all plans and documents funded in whole or in part by this contract available to the Agency upon reasonable request. Jim Ferrell, Mayor City of Federal Way Date CONTRACT #: 25-23 Page 14 of 20 WASH IN GTON STATE HISTORICAL SOCIETY CONTRACT #: 25-23 ATTACHMENT C PURPOSE OF PROJECT PURPOSE OF PROJECT This project will provide critical support for the design phase of the capital rehabilitation of the Brooklake Community Hall, allowing the Grantee and reinvigorate the property, unearthing its history and bringing it back into a central component of the City of Federal Way and community gatherings. Grantee will provide public access to history through onsite historical interpretation and displays in partnership with the Federal Way Historical Society that encourages visitors to learn about the history of the Brooklake Community Center and the City of Federal Way. Grantee will ensure project design and ongoing maintenance of the property will be in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. Preservation activities, historical interpretation activities, and public access to history will be provided in alignment with field best practices for the purposes of the Heritage Capital Projects program as identified in the program's authorizing language. CERTIFICATION The Grantee, by its signature, certifies that the express purpose of the grant as described in Purpose of Project set forth above has been reviewed and approved by the Grantee's governing body or board of directors, as applicable, as of the date written below. Jim Ferrell, Mayor City of Federal Way Date Page 15 of 20 WASHINCTON STATE HISTORICAL SOCIETY CONTRACT #: 25-23 ATTACHMENT D PROJECT BUDGET Cost Category Grantee Cost Share Cash Match Grantee Cost Share In -Kind HCP Grant Funds Construction and Rehabilitation $0.00 $0.00 $0.00 Design and Pre -Construction $104,000.00 $0.00 $50,440.00 Property Acquisition $0.00 $0.00 $0.00 Cost Share Subtotal $104,000.00 $ 0.00 Reimbursable Amount Subtotal $50,440.00 HCP Admin $1,560.00 Total Project Cost $156,000.00 Percentages 66.7%1 0.091T 33.3% CERTIFICATION The Grantee, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the Grantee's governing body or board of directors, as applicable, as of the date written below, and that the total Grantee cost share required for the project shall be received and expended by June 30, 2025. Jim Ferrell, Mayor City of Federal Way Date Page 16 of 20 W ASIIINGTON STATE HISTORICAL SOCIETY Source City of Federal CONTRACT #: 25-23 ATTACHMENT E SOURCE OF AVAILABLE FUNDS Type of Funds Other Earned Income Year Amount 2022 $104,000.00 Type of Funds Amount Available Cash Cost Share $104,000.00 $0.00 Available In -Kind Cost Share Subtotal of all Non -State Funding $ 104,000 Grant Funds (Legislative Appropriation) $52,000.00 Total Project Funds Available $156,000.00 CERTIFICATION The Grantee certifies the Source of Available Funds have been reviewed and approved by the Grantee's governing body or board of directors as of the date of last contract signature. By so doing, the Grantee certifies that 100% of these funds are in hand by the execution date of this Contract. All match funds are committed in writing from respective sources and are available, and will remain committed and available solely and specifically for carrying out the project as described in this Contract. Cash match and in -kind match funds are regarded as funds restricted for use solely for the contract project purposes and are committed as such in the Grantee's accounting. The Grantee shall maintain records sufficient to evidence that it has expended or has access to the committed funds, and shall make such records available for the Agency's review upon request. Jim Ferrell, Mayor City of Federal Way Date Page 17 of 20 WASHINGTON STATE HISTORICAL SOC I ETY t.—lt.C.;"—.:.".%t Y,,Knll:l� CONTRACT #: 2S-23 ATTACHMENT F CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS CERTIFICATION The Grantee, by its contract signature, certifies that it shall be aware of and comply with all applicable and current federal, state, and local laws, regulations, policies, as now or hereinafter amended including, but not limited to those related to: • Governor's Executive Order 21-02 (regarding prior preservation review and ongoing consultation by the state and concerned tribes for any capital projects or land acquisition projects for the purpose of capital construction) • Prevailing Wage Law - RCW 39.12 • Hazardous Substances - RCW 70.105D • Industrial Insurance - RCW 51 ■ Washington Law Against Discrimination - RCW 49.60 • Americans with Disabilities Act - 42.U.S.C. 12101 et. esq. • High Performance Public Buildings (LEED) - RCW 39.35D • Greenhouse Gas Emissions - RCW 70.235 Jim Ferrell, Mayor City of Federal Way Date Page 18 of 20 WASH INCTON STATE HISTORICAL SOCIETY CONTRACT #: 25-23 ATTACHMENT G PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S) Name: Brooklake Community Center Permanent Address: 726 South 356th Street, Federal Way, King, 98003 Year Built: 1920 Washington State Legislative District #: 30 GPS Coordinates: 47.28400532618503,-122.3252110781292 Parcel #: 2921049010 Legal Description: PCL B OF FEDERAL WAY BLA# 09-102109-00-SU REC# 20091120900003 SD BLA BEING LOCATED IN SE 1/4 OF NE 1/4 OF NW 1/4 OF SEC 29-21-4 CERTIFICATION The Grantee, by its signature, certifies that the information set forth above, including property parcel number(s) and legal description(s), have been reviewed and approved by the Grantee's governing body or board of directors, as applicable, as of the date of last contract signature. Jim Ferrell, Mayor City of Federal Way Date Page 19 of 20 W AS 11 ING TON S T A: F HISTORICAL SOCIETY CONTRACT #: 25-23 ATTACHMENT H LEASES, CONTRACTS, AND AGREEMENTS Document Title Parties Date of Date of Execution Expiration Recorded In AG 14-116 LEASE HANWOORI CHURCH, A JUNE 1, MAY 31, CITY OF FEDERAL WAY, AGREEMENT FOR WASHINGTON NON- 2015 2025 KING COUNTY HANWOORI CHURCH PROFIT RENTAL AT BROOKLAKE CERTIFICATION The Grantee, by its signature, certifies that the leases, contracts and agreements as described in the grant application and defined above have been reviewed and approved by the Grantee's governing body or board of directors, as applicable, as of the date written below. The Grantee also certifies that it has read and understands its obligation to hold the property for 13 years from the date of contract completion and to use the property for the express purposes of the grant as set forth in this Contract. The Grantee further certifies that it shall provide the Agency with notice of any and all modifications or additions to all leases, contracts and agreements made during the Contract Period of Performance or during the thirteen years following Grantee's completion of the project. Jim Ferrell, Mayor City of Federal Way Date Page 20 of 20 71 COUNCIL MEETING DATE: 9/19/2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: AUTHORIZATION TO APPLY FOR A LOCAL PARKS GRANT FOR SAGHALIE PARK POLICY QUESTION: Should the City Council authorize staff to apply to the Recreation & Conservation Office (RCO) for a local maintenance grant to resurface four tennis courts and one basketball court at Saghalie Park? COMMITTEE: PRHSPS CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: George Richen, Parks Manager Attachments: 1. Staff Report MEETING DATE: 9/12/2023 ❑ Public Hearing ❑ Other DEPT: Parks & Recreation Department Options Considered: 1. Approve staff to apply for local maintenance grant. 2. Do not approve staff to apply for local maintenance grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: r"}1001,7 47 DIRECTOR APPROVAL: �flmmi ee Council Initi VDaie IniriaiR7ale lnitiaMa[e COMMITTEE RECOMMENDATION: I move to forward the proposed authorization for staff to apply for a local maintenance grant to resurface four tennis courts and one basketball court to the September 19, 2023 consent agenda for approval. Committee Chair Co mittee Member Committee Member PRdP�SED COUNCIL MOTION: "I move approval of the proposed authorization staff to apply for a local maintenance grant to resurface four tennis courts and one basketball court. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 12, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: L John Hutton, Parks & Recreation Department SUBJECT: Recreation & Conservation Office (RCO) Grant Application RCO #23-1623 — Sport Court Resurfacing Financial Impacts: The City of Federal Way Parks Department is seeking approval to apply for grant funds for the restoration of four tennis courts and one basketball court at Saghalie Park. Grant funds will be used to hire a contractor to resurface and repaint four tennis courts and one basketball court at Saghalie Park. The estimate for this grant would be in the 60k-70k range. We strive to achieve the improved safety, playability, and appearance through the resurfacing of these courts. Their restoration will help increase tennis and basketball opportunities available within the Federal Way community. Sport court resurfacing was not included withinihe approved budget. As proposed, the work will be funded by a Local Parks Maintenance RCO grant which will not exceed 100k. No matching funds are required by the City of Federal Way. Upon completion of the sport court resurfacing, future costs will be associated with the maintenance and upkeep of the courts and be associated with Parks Department operations and maintenance budget. BackLxvund Information: The resurfacing of the tennis courts and basketball court is on our list of backlogged maintenance items within our parks system. Due to other priorities and limited funding this resurfacing work has not occurred. The proposed grant will allow us to make these needed repairs. Rev. 7/18 COUNCIL MEETING DATE: September 19, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PUBLIC HEARING AND RESOLUTION APPROVING AND CONFIRMING THE SPECIAL ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NUMBER 1 FOR STEEL LAKE. POLICY QUESTION: Should Council adopt a resolution approving and confirming the special assessment roll for the Steel Lake Management District Number 1? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance Resolution ❑ Public Hearing Other STAFF REPORT BY: Dan Sternko f Water Qualit S ecialist,, m r-DEPT• Public Works ._..._...... .... _ P _..._�P ,.-------� Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A Committee Initial/Date DIRECTOR APPROVAL: - Colf il 111 rJAS Initial/Date N COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 19, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directorx---= Dan Sternkopf, Water Quality Specialist Sernkopf"^f "' SUBJECT: Public hearing and resolution approving and confirming the special assessment roll for Lake Management District Number 1 for Steel Lake. Financial Impacts: There is no cost to the City for confirming the special assessment roll for Steel Lake Management District Number 1 (SLMD). SLMD activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to Steel Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the SLMD are funded through these assessments, and thus will have no direct financial impacts on the City. Ba�onnd Information: On August 8, 2023, City Council adopted Ordinance No. 23-965 renewing the Steel Lake Management District Number 1 (SLMD). Pursuant to RCW 36.61.120 and RCW 36.61.140, all notice and hearing requirements for establishing the roll of rates and charges for the SLMD have been satisfied. The next step is to confirm and approve the SLMD special assessment roll. Attached is the Resolution of the City Council approving and confirming the special assessment roll for the renewal of the SLMD, including Exhibit A, which lists (1) Each separate lot, tract, parcel of land, or other property in the SLMD; (2) the acreage of such property, and the number of feet of lake frontage, if any; (3) the name and address of the owner or reputed owner of each lot, tract, parcel of land, or other property as shown on the tax rolls of the county assessor; and (4) the special assessment proposed to be imposed on each lot, tract, parcel of land, or other property, or the annual special assessments proposed to be imposed on each lot, tract, parcel of land, or other property. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving and confirming the special assessment roll for Lake Management District Number 1 for Steel Lake. WHEREAS, on August 8, 2023 the Council of the City of Federal Way adopted Ordinance No. 23- 965 renewing lake management district Number 1 for Steel Lake ("District"); and WHEREAS, notice and hearing requirements for establishing the roll of rates and charges for the District pursuant to RCW 36.61.120 and RCW 36.61.140 have been satisfied; and WHEREAS, the City of Federal Way conducted a public hearing on September 19, 2023 for the purpose of hearing objections to the assessment roll proposed for Steel Lake Management District Number 1; and WHEREAS, after consideration of the assessment roll, the City Council has determined to order the roll confirmed as presented. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Assessment Roll Confirmed and Approved. The City Council of the City of Federal Way hereby confirms and approves the annual special assessment roll attached hereto as Exhibit "A" and by this reference fully incorporated herein. A copy of the assessment roll shall be filed with the City Clerk. Section. 2. Method of Payme . Collection of the assessment shall be pursuant to RCW 36.61. Rates and charges for the Steel Lake Management District No. 1 shall be included in King County' s local improvement district tax statements. The annual special assessment shall be due and Resolution No. 23- Page I of 3 payable on or before the 31 st day of May and shall be delinquent after that date. Payments received after the due date will be subject to a simple interest charge of 12 percent per annum (or 1 percent per month). Section 3. Notice. A. In accordance with the procedures set forth in RCW 36.61.190, the City shall cause to be published in a newspaper of general circulation in the lake management district a notice indicating that the annual special assessment roll has been confirmed and will be collected. B. Within ten (10) days of such publication, the City shall mail notice to each owner or reputed owner of property whose name appears on the special assessment roll of the annual special assessment due. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Resolution No. 23- Page 2 of 3 Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 12023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 3 of 3 Exhibit A TAXPAYER NAME ADDRESS LINE 1 ADDRESS LINE 2 JADDRESS LINE 3 PARCEL NO. LAND USE RATE/YR LAZDINS ELIZABETH 2515 S 304th St Federal Way, WA 98003 0921049301 Single Family $95 BARRETT MARK STEVEN+KELLY R 2529 S 304th St Federal Way, WA 98003 0921049071 Single Family $95 MADDEN GLENN C+SANDRA L 2605 S 304th St Federal Way, WA 98003 0921049078 Single Family $95 THOMPSON MARC W+SANDY L 2609 S 304th St Federal Way, WA 98003 0921049077 Single Family $95 TISDEL GERALD C 2613 S 304th St Federal Way, WA 98003 0921049079 Single Family $95 MAIER TROY M 2619 S 304th St Federal Way, WA 98003 0921049076 Single Family $95 BEMILLER ELIZABETH R+STEPHE 2623 S 304th St Federal Way, WA 98003 0921049073 Single Family $95 DOMINGO PEDRO B+CHIN C 2629 S 304th St Federal Way, WA 98003 0921049061 Single Family $95 MAIER JACK G j 2633 S 304th St Federal Way, WA 98003 0921049064 Single Family $95 STARK KENNETH DALE+NANCY LE 2637 S 304th St Federal Way, WA 98003 0921049081 Single Family $95 NGUYEN KATHY H 2649 S 304th St Federal Way, WA 98003 0921049082 Single Family $95 NGUYEN KATHY 29828 18th Ave S. Federal Way, WA 98003 0921049058 Single Family $95 DE ALBUQUERQUE CYNTHIA N 30415 28th Ave S Federal Way, WA 98003 0921049070 Single Family $95 BUI TAM 30419 28th Ave S Federal Way, WA 98003 0921049237 Single Family $95 NEAULT DARRYL A 30421 28th Ave S Federal Way, WA 98003 0921049063 Single Family $95 DUONG HAI VIET 30511 28th Ave S Federal Way, WA 98003 0921049080 Single Family $95 SMITH GARY 30445 28th Ave S Federal Way, WA 98003 0921049184 Single Family $95 LACKEY FAMILY ESTATES 15202 135th Ave E Puyallup, WA 98374 0921049092 Vacant $33 SCHAFFER SUZANNE R 30527 28th Ave S Federal Way, WA 98003 0921049072 Single Family $95 LAWTON DEVIN T+JENNIFER A 30535 28th Ave S Federal Way, WA 98003 0921049275 Single Family $95 JOHNSON TERHI K 30605 28th Ave S Federal Way, WA 98003 0921049202 Single Family $95 VOGT ALAN & WENDY 30609 28th Ave S Federal Way, WA 98003 0921049244 Single Family $95 GONZALES DINO JOSEPH+KELLEY 30617 28th Ave S Federal Way, WA 98003 0921049263 Single Family $95 MYERS BRUCE E+DEBBIE J -TTE 30619 28th Ave S Federal Way, WA 98003 0921049264 Single Family $95 NASH MICHAELJ+ROBIN S 30623 28th Ave S Federal Way, WA 98003 0921049246 Vacant $33 NASH MICHAELJ+ROBIN S 30623 28th Ave S Federal Way, WA 98003 0921049195 Single Family $95 BARTENETTI GLENN D+JULIE M 30637 28th Ave S Federal Way, WA 98003 0921049181 Single Family $95 DOBSON JOHN 30643 28th Ave S Federal Way, WA 98003 0921049229 Single Family $95 LASKEJEREMY+NACKJUNAE' 30803 28th Ave S Federal Way, WA 98003 0921049188 Single Family $95 State of Washington Dept of Fish and Wildlife 600 Capitol Way N Olympia, WA 98501 7984400210 Open Space $3,895 City of Federal Way 33325 8th Ave S Federal Way, WA 98003 0921049026 Park $2,279 HAMILTON CORY N+MELISSA B 2256 S 308th St Federal Way, WA 98003 0537000175 Single Family $95 CERVANTEZ MANUEL+SHERELL 2250 S 308th St Federal Way, WA 98003 0537000180 Single Family $95 TOWNSEND DAVID+KATHRYN 2246 S 308th St Federal Way, WA 98003 0537000185 Single Family $95 Exhibit A ARMSTRONG ROBERT M 2240 S 308th St Federal Way, WA 98003 0537000190 Single Family $95 NGUYEN MICHELLE 2238 S 308th St Federal Way, WA 98003 0537000195 Single Family $95 HAFIZ MOHSEN 2230 S 308th St Federal Way, WA 98003 0537000200 Single Family $95 ANDREWS JESSICA A 2226 S 308th St Federal Way, WA 98003 0537000205 Single Family $95 BRAZEL MICHAEL SHANE+LORI L 2222 S 308th St Federal Way, WA 98003 0537000210 Single Family $95 EGAWA MASAHIRO+CHUI L 2218 S 308th St Federal Way, WA 98003 0537000225 Single Family $95 IGIELSKI TIMOTHY) 2214 S 308th St Federal Way, WA 98003 0537000230 Single Family $95 CONDER KENNEDY+ROSEMARY 2210 S 308th St Federal Way, WA 98003 0537000240 Single Family $95 MCDONNELL PATRICK D 2206 S 308th St Federal Way, WA 98003 0537000245 Single Family $95 LONG JOHN C+DEBORAH L 2204 S 308th St Federal Way, WA 98003 0537000250 Single Family $95 WALMSLEY JAMES D 2200 S 308th St Federal Way, WA 98003 0537000255 Single Family $95 SEATTLE OZ LLC 2058 S 308th St Federal Way, WA 98003 0537000260 Single Family $95 CHAU HUONG &TODD MARCUS 2054 S 308th St Federal Way, WA 98003 0537000270 Single Family $95 O'NEALJR JOHN K 2050 S 308th St Federal Way, WA 98003 0537000275 Single Family $95 MASSEY PHYLLIS 2046 S 308th St Federal Way, WA 98003 0537000280 Single Family $95 SMITH TABATHA 2042 S 308th St Federal Way, WA 98003 0537000285 Single Family $95 ABAD BENJAMINE C+TABITHA 2042 S 308th St Federal Way, WA 98003 0537000291 Vacant $33 PINKHAM ED+SUE 2034 S 308th St Federal Way, WA 98003 0537000290 Vacant $33 PINKHAM EDWARD W III+SUSAN 2034 S 308th St Federal Way, WA 98003 0537000295 Single Family $95 PINKHAM ED+SUE 2034 S 308th St Federal Way, WA 98003 0537000300 Vacant $33 SANTO JOHN L+KERRI L 2026 S 308th St Federal Way, WA 98003 0537000305 Single Family $95 ZAHIR BEVERLY COBB 2022 S 308th St Federal Way, WA 98003 0537000310 Single Family $95 MONROE ASS & MARTESE 2018 S 308th St Federal Way, WA 98003 0537000315 Single Family $95 RANG HOANG MINH & CHAU TAMM 2014 S 308th St Federal Way, WA 98003 0537000320 Single Family $95 MARKERT DENNIS+RUTH 2O10 S 308th St Federal Way, WA 98003 0537000325 Single Family $95 STOKES DEBORAH L 2006 S 308th St Federal Way, WA 98003 0537000335 Single Family $95 WILBURN ERIC D 2000 S 308th St Federal Way, WA 98003 0537000340 Single Family $95 MILOSCIA MARK A+MESCHELL M 30720 19th Ave S Federal Way, WA 98003 0921049144 Single Family $95 DEZUTTER THOMAS W+ELAINE R 30716 19th Ave S Federal Way, WA 98003 0921049283 Single Family $95 BERNARD GARY D 30714 19th Ave S Federal Way, WA 98003 0921049282 Single Family $95 JENKINS TIMOTHY A+DIANE L 30706 19th Ave S Federal Way, WA 98003 0921049281 Single Family $95 CANNON ROBERT L III+MELANIE 30700 19th Ave S Federal Way, WA 98003 0921049104 Single Family $95 View at the Lakes LLC, C/O Fast Danny PO Box 50408 Bellevue WA, 98015 0921049124 Multi Family $306 Green View Apartments LLC PO Box 821 lKirkland WA, 98083 j 2558170070 Single Family $95 KIM IN SIL 3926 jAurora Ave S #400 ISeattle, WA 98103 0921049012 Vacant $33 Exhibit A PAN MINGJIA 2015 S 304th St Federal Way, WA 98003 0537000020 Single Family $95 THRASHER ARLINE M & COOK AR 2017 S 304th St Federal Way, WA 98003 0537000030 Single Family $95 GALLIANO MARIO L 2021 S 304th St Federal Way, WA 98003 0537000035 Single Family $95 HOLT GARY L+BRENDA L 2027 S 304th St Federal Way, WA 98003 0537000040 Single Family $95 WALTNER JOHN & SARAH 2O33 S 304th St Federal Way, WA 98003 0537000049 Single Family $95 GNOINSKY MICHAEL S 2039 S 304th St Federal Way, WA 98003 0537000055 Single Family $95 LEWIS JAYNE M 2047 S 304th St Federal Way, WA 98003 0537000065 Single Family $95 HICKS ROBERTS 2103 S 304th St Federal Way, WA 98003 0537000075 Single Family $95 KUBICEK MICHAEL D 2107 S 304th St Federal Way, WA 98003 0537000080 Single Family $95 SOUNTHALA NOPHADON+YOKO UCH 2111 S 304th St Federal Way, WA 98003 0537000085 Single Family $95 SCANNELL ERIN 2115 S 304th St Federal Way, WA 98003 0537000090 Single Family $95 SMITH CHERYL L 2203 S 304th St Federal Way, WA 98003 0537000095 Single Family $95 KOCH JEROME F+KATHLEEN A 2207 S 304th St Federal Way, WA 98003 0537000100 Single Family $95 MERKEL PHILLIP 2215 S 304th St Federal Way, WA 98003 0537000110 Single Family $95 SABOL MARK A+SUSAN E 2219 S 304th St Federal Way, WA 98003 0537000115 Single Family $95 OSTERHOUT MARVIN J 2225 S 304th St Federal Way, WA 98003 0537000120 Single Family $95 JANSSEN CRAIG R+NANCY R 2231 S 304th St Federal Way, WA 98003 0537000130 Single Family $95 SPURGEON DEBORAH K 2301 S 304th St Federal Way, WA 98003 0537000135 Single Family $95 SPURGEON DEBORAH K 2301 S 304th St Federal Way, WA 98003 0537000141 Vacant $33 WOJNICZ BODGAN H+DEBORAH K 2309 S 304th St Federal Way, WA 98003 0537000145 Single Family $95 PURDOM CHARLES T+BARBARA J 2313 S 304th St Federal Way, WA 98003 0537000150 Single Family $95 TACKETT FAIRREL W+PHYLLIS A 2317 S 304th St Federal Way, WA 98003 0537000155 Single Family $95 BENSON JEREMY & VANESSA 2321 S 304th St Federal Way, WA 98003 0537000160' Single Family $95 NGUYEN LISA T+DANG VAN Q 2325 S 304th St Federal Way, WA 98003 0537000165 Single Family $95 VO TYSON 2329 S 304th St Federal Way, WA 98003 0537000170 Single Family $95 LAM CHI I+MATHIASON DONALD 2403 S 304th St Federal Way, WA 98003 0921049074 Single Family $95 GAITHER DAVID N PO Box 94071 Seattle, WA 98124 0921049060 Vacant $33 LINEHAN WILLIAM 2417 S 304th St Federal Way, WA 98003 0921049002 Single Family $95 CAISSE PETER R 2423 S 304th St Federal Way, WA 98003 0921049066 Single Family $95 RODRIGO JACINTO JR & MARIA 2427 S 304th St Federal Way, WA 98003 0921049069 Single Family $95 BAKLUND RICHARD I+CORINNE A 2433 S 304th St Federal Way, WA 98003 0921049108 Single Family $95 REYHNER THEODORE A 2435 S 304th St Federal Way, WA 98003 0921049059 Single Family $95 HEIDER LEO M 2451 S 304th St Federal Way, WA 98003 0921049062 1 Single Family $95 me, COUNCIL MEETING DATE September 5, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MFTE APPLICATION DEADLINE POLICY QUESTION: Should the City Council amend Title 3 to provide increased flexibility for an MFTE applicant to submit an application any time prior to the issuance of certificate of occupancy? COMMITTEE: Land Use & Transportation MEETING DATE: August 7, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven Attachments: 1. Staff Report 2. Ordinance DEPT: CD Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR' S RECOM M MAYOR APPROV : Option 1. Initial Initial. DIRECTOR APPROVAL: �p 11 July 23 initial fate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on September S, 2023. NIA Jack Davey, Committee Chair ttee Member Huang Iran, mrl�ittee Member PROPOSED COUNCIL MOTION(S): , FIRST READING OF ORDINANCE (9k23): "I move to forward approval of the proposed ordinance to the September 19, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (9/19/23): "1 move approval of the proposed ordinance. " (BELOW TO BE COMP1_F_TED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 13 APPROVED COUNCIL BILL # Q DENIED First reading(1� 3 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director -- SUBJECT: MFTE Application Deadline Financial Impacts: There are no fiscal impacts to the City for adopting the proposed code amendment. Bacic,yround Information: Heartland, LLC was hired by the City to look at existing codes and policies that might be limiting housing production within the City. Heartland presented to the Planning Commission in January and to the Land Use & Transportation Committee in February. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found. These recommendations may be summarized as: 1. Expand the Multi Family Tax Exemption (FWRC 3.30.030) to the Community Business (BC) zone; 2. Reduce the amount of ground floor non-residential space that is required; 3. Increase building height within 100 feet of single family for the BC zone; 4. Reduce the parking requirement for the BC zone; 5. Make consistent the open space requirement and allow for a fee in lieu of option; 6. Allow stormwater to be placed in vaults within the BC zone; 7. Provide predictability for school impact fees; 8. Remove the City's inclusionary requirement; and, 9. Remove the restrictions on building form. Since recommendation 1 is the only recommendation to impact Title 3 (the others were to Title 19), this item was forwarded and approved by the City Council as a stand-alone recommendation. During the process to expand the MFTE program to the BC zone, the City received public comment requesting the City to revise its code to allow for a later time in the permitting and construction process to submit the MFTE application. Staff reviewed codes from other King County cities and found the following to be the procedures found in other cities: is' Building Permit Issaquah 11Building Permit, but Director flexibility to Renton deviate Bothell Redmond Rev. 6/2020 July 11, 2023 MFTE Code Amendment Page 2 Bellevue Kirkland ZMER Auburn 6o days following Building Permit, but Director flexibility Anytime prior to Certificate of Occupancy Following this review and conversations with the community, staff recommend the City allow' for the greatest flexibility to the applicant to utilize this tool. The proposed ordinance has code similar to that found in the cities of Kirkland and Auburn allowing the MFTE application to be submitted any time prior to Certificate of Occupancy. The proposed Ordinance also contains non -substantive clean-up edits. ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to modifying the City's multifamily dwelling unit limited property tax exemption program; amending FWRC 3.30.010, 3.30.040, 3.30.050, and 3.30.060 (Amending Ordinance Nos. 03-438, 09-606 and 23-964). WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84.14 RCW, to encourage increased residential opportunities in cities required to plan under the Growth Management Act, by providing for special property tax valuations for eligible multifamily housing in targeted urban, residential areas; and WHEREAS, Chapter 84.14 further authorizes cities with a population of at least fifty thousand to adopt procedures to implement the special property tax valuations; and WHEREAS, in 1998 the Federal Way City Council adopted the Federal Way Comprehensive Plan, to implement the planning requirements of the Growth Management Act, Chapter 36.70A RCW ("GMA"); and WHEREAS, in 2022, the City hired Heartland, LLC to look at measures the City could take to improve housing production in the City; and WHEREAS, in 2023, Heartland, LLC recommended nine actions for the City to take to improve housing production in the City; and WHEREAS, in 2023 the Federal Way City Council adopted Ordinance 23-964, expanding the residential targeted area to include the Community Business (BC) zone; and WHEREAS, public comment received during the review of Ordinance 23-964 requested the City to look at the provisions of FWRC 3.30.060 specifically as to the timing for when an application to the City must be made; and Ordinance No. 23- Page 1 of 8 WHEREAS, the BC zone is described in the City's Comprehensive Plan as "allowing a broad mix of uses, including general, specialty, and service retail; commercial; office; commercial/residential mixed -use; and supportive uses"; and WHEREAS, the Council desires to expand the flexibility and usefulness of the City's MFTE program by allowing an application deadline later in the permitting and construction process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 3.30.010 is hereby amended to read as follows: 3.30.010 Purpose. As provided for in Chapter 84.14 RCW, the purpose of this article is to provide limited-,49-year exemptions from ad valorem property taxation for qualified new multifamily housing constructed in the community business, city center core and frame zones, in order to: (1) Accomplish the planning goals of the Growth Management Act, Chapter 36.70A RCW, and the City of Federal Way Comprehensive PI , speeifieally oafs CCP °-and 10; and/or (2) Encourage residential opportunities, including affordable housing, within the community business, city center core and frame; and/or (3) Stimulate new construction of multifamily housing in the community business, city center core and frame to increase housing opportunities; and/or (4) Assist in directing future population growth into the community business, city center core and frame, thereby reducing development pressures on single-family residential neighborhoods; and/or (5) Achieve development densities that are more conducive to transit use in the community business, city center core and frame; and/or Ordinance No. 23- Page 2 of 8 (6) Promote community development and community business, city center core and frame revitalization, in fulfillment of the Comprehensive Plan. (Ord. No. 09-606, § 1, 3-17-09; Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-230.) Section 2. FWRC 3.30.040 is hereby amended to read as follows: 3.30.040 Tax exemption — Duration — Valuation — Exceptions. (1) Exemption, duration of. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: �. :. u+�i ii«si.�zzTn2aus. eertifiea4el,--� (b) For properties for which applications for certificates of tax exemption eligibility are submitted under Chapter 84.14 RC on , the value is exempt: (i) For eight successive years beginning January 1 st of the year immediately following the calendar year of issuance of the certificate; or (ii) For 12 successive years beginning January 1 st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection. For the property to qualify for the 12-year exemption under this subsection, the applicant must commit to renting or selling at least 20 percent of the multifamily housing units as affordable housing units to low and moderate -income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the local government under this chapter. In the case of Ordinance No. 23- Page 3 of 8 projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate -income households. (2) Limits on exemption. The exemption does not apply to the value of land or to the value of nonhousing improvements not qualifying under FWRC 3.30.050, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements. This article also does not apply to increases in assessed valuation made by the assessor on nonqualifying portions of building and value of land, nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (Ord. No. 09-606, § 1, 3-17-09; Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-233.) Section 3. FWRC 3.30.050 is hereby amended to read as follows: 3.30.050 Project eligibility. To qualify for exemption from property taxation under this chapter, the property must satisfy all of the following requirements: (1) The property must be located in the designated residential targeted area. (2) The project must consist of at least four dwelling units of multifamily housing, located within a residential structure or a mixed -use development, in which at least 50 percent of the space within such residential structure or mixed -use development is intended for permanent residential occupancy. (3) The project must comply with all zoning requirements, land use regulations, and building code requirements contained in the Federal Way Revised Code and applicable upon land use permit approval or submittal of a complete building permit application, whichever occurs sooner. Ordinance No. 23- Page 4 of 8 (4) For the duration of the exemption granted under this chapter, the property shall have no violations of applicable zoning requirements, land use regulations, or building code requirements contained in the Federal Way Revised Code for which the community development set-viees department shall have issued an order to cease activity ("OTC") or notice of violation and order to correct ("NOV") that are not resolved by a voluntary correction agreement, vacation by the hearing examiner, or action of the property owner in compliance with the applicable code requirements as determined by the director, within the time period for compliance provided in such OTC or NOV and any extension of the time period for compliance granted by the director. (5) New construction multifamily housing must be completed within three years from the date of approval of the application or by any extended deadline granted by the director pursuant to FWRC 3.30.090. (6) Prior to issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, tThe owner must enter into a contract with the city, approved by the city council, under which the owner has agreed to the implementation of the development on terms and conditions satisfactory to the city council. (Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-234.) Section 4. FWRC 3.30.060 is hereby amended to read as follows: 3.30.060 Application procedure. The owner of property applying for exemption under this chapter shall submit an application to the director on a form established by the director. The owner shall verify the correctness of the information contained in the application by his/her signature and affirmation made under penalty of perjury under the laws of the state of Washington. The application shall contain such information as the director may deem necessary or useful, which at a minimum shall include: Ordinance No. 23- Page 5 of 8 (1) A completed city of Federal Way application form, including information setting forth the grounds for tax exemption; (2) A brief written description of the project, and schematic site and floor plans of the multifamily units and the structure(s) in which they are proposed to be located; (3) Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made prior to the city's final action on the exemption application; (4) A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this chapter; (5) At the time of initial application under this section, the owner shall pay to the city an initial application fee of $150.00, plus an amount necessary to cover recording fees under FWRC 3.30.100; .r�+r irre�a j:. -�.b..wrs �.r�ya•a�i.l lfl■r:L.. ��. a.Yl..\l �n ��i n ffl � application may be submitted at any time prior to issuance of a temporary certificate of occupancy. or a permanent certificate of occupancy if no temporary certificate _is_issued. R. I-TRZY P w.rsii�sisnnies.si�zsr►�%.....�s.s. (Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-235.) Section 5. 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 Ordinance No. 23- Page 6 of 8 the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow] Ordinance No. 23- Page 7 of 8 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 8 of 8 Exhibit A Potential Funding Sources This section provides an overview of potential funding sources to fund projects identified in this chapter. All funding sources discussed below will be considered when determining a budget for a project. A combination of several sources is typically used to fund projects. City General Fund General Funds from the City are allocated to the Parks, Recreation, and Cultural Services Department. Capital Project Fund - Parks The Capital Project Fund provides for the acquisition or construction of park facilities except for those facilities financed by proprietary and trust funds. The major source of revenue for this Fund is general obligation bond proceeds, grants from other agencies, local taxes and contributions from other funds. All park costs associated with acquisitions, improvements, issuance of bonds, and other costs shall be paid by this Fund. This funding source is tied to the City's 2-year budget cycle. Real Estate Excise Tax (REST) As a city planning under the Washington State Growth Management Act, Federal Way receives REET funds which are generally used for capital projects as described under state law. A REET is derived from a modest tax on the sales of real property within the City. As of January 1, 2018, the City's REET rate was 0.5 percent.1 Voter -approved Bonds/Levies Voter -approved General obligation bonds can be used for acquisition or development and are typically repaid through an annual property tax levy through the maturity period of the bonds. General obligation bonds typically mature in 15 to 20 years. Councilmanic Bonds Bonds issued by the City Council. This type of bond does not require citizen vote but must be paid out of the City's annual operating budget. Developer Mitigation Fees These are fees imposed by the City for park land acquisition and development. This is a funding source derived from mitigation monies required through SEPA (State Environmental Protection Act) environmental review of development projects located within the City. Many developers provide a fee to the City in -lieu of constructing parks. Ordinance No. 23-967 Page 8 of 8