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AGENDA
1. CALL TO ORDER
2. PUBLIC FORUM
3 COMMITTEE BUSINESS
A. Wireless Telecommunications Lease Action Schroder
Agreement/Sacajawea Park
B. Historical Society Lease Agreement Action Schroder
C. Fee Recovery Information Schroder
D. 1997 CIP Status Report Information Jainga
E. Public Safety/Recreation Leader Information Reuter
F. Celebration Park Status Information Wilbrecht
G "100 Fields" Initiative Information Schroder
H. Celebration Park Fund Raising Committee Action Wilbrecht
Memorandum of Understanding
4. NEXT MEETING - December 15, 1997
5. ADJOURNMENT
Committee Members: Staff:
Jack Dovey, Chair Jennifer Schroder, Director
Hope Elder David Wilbrecht, Deputy Director
Mary Gates Sue Floyd, Admin. Assistant
661 -4041
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CITY OF FEDERAL WAY Item 3A
CITY COUNCIL PARKS AND RECREATION COMMITTEE
Date: November 12, 1997
From: Jennifer Schroder, Director
Parks, Recreation and Cultu al Services
Subject: Wireless Telecommunications Lease Agreement/Sacajawea Park
Background:
On October 13, the Parks and Recreation Council Committee directed staff to begin negotiation for
a lease agreement with Nextel Communications for a telecommunications facility at Sacajawea Park.
Attached is a draft agreement between the City and Nextel for a communication site lease agreement.
The Legal Department is currently reviewing the agreement. I anticipate final review will be
completed by November 17.
Some of the agreement issues are as follows:
Premises: Sacajawea Park/lease of approximately ninety (90) square feet of space inside existing
building and space on the light standards.
Option to Lease: Term of Lease: $600 signing fee for option to lease. Five year term with right to
extend term five (5) successive five (5) years periods. Rental shall be increased 4% per year
throughout the initial term and any renewals.
Rent: $600 per month ($7,200 annually). Six (6) standard ESMR mobile phones.
Other considerations to be included and referenced on the project site exhibits will be that Nextel will
provide new metal roofs to the leased building as well as the park's restroom building. Underground
utilities will require the asphalt plaza to be saw cut, asphalt removed and replaced. Nextel to seal
coat entire asphalt plaza to provide a uniform improvement to the area.
I expect to have provided to me for committee's review the total value of Nextel's improvements to
the park facilities and the specific coverage area this site wilrprovide.
Committee Recommendation:
1. Motion to approve draft agreement as presented and forward to full Council for approval.
2. Motion to approve draft agreement as amended by Committee and the Law Department and
forward to full Council.
3. Motion to authorize staff to continue negotiations.
Committee Member:: >:: »:: >.
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COMMUNICATIONS SITE LEASE AGREEMENT
(Washington)
This Communications Site Lease Agreement ( "Agreement ") is entered into this day of
, 199 between Nextel West Corp., a Delaware corporation, dba Nextel Communications
( "Lessee "), and the City of Federal Way, a municipal corporation ( "Lessor ").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. 'remises. Lessor is the owner of a parcel of land (the "Land ") including light standards and a concession
building (the "Site") located in the City of Federal Way, County of King, State of Washington, more commonly
known as Sacajawea Park, 1600 SW Dash Point Road, (the Site and Land are collectively, the "Property") The
Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases
from Lessor, approximately ninety (90) square feet of space inside the concession building and space on the light
standards and all access and utility easements, if any, (collectively, the "Premises ") as described in Exhibit B
annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in connection with the provision of
communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for
and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's
intended use of the Premises.
3. Tests and Construction. Lessee shall have the right at any time following the full execution of this
Agreement to enter upon the Property for the purpose of making appropriate engineering and boundary surveys,
inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in
Paragraph 6(a) below). Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all plans,
specifications, surveys for the Land.
4. Option to Lease: Term of Lease.
(a) Lessor grants to Lessee an option (the "Option ") to lease the Premises, provided Lessee delivers to
Lessor written notice that the lease shall commence the latter of the date of the notice or a date certain specified in
the notice ( "Commencement Date "), which date shall be not later than November 1, 1998 (the "Expiration Date ").
Upon a failure to deliver such notice on or before the Expiration Date, this Agreement shall stand terminated. As
consideration for the Option, Lessee shall pay the sum of Six hundred and 00 /100 DOLLARS ($ 600.00). The
term of the Lease shall be five (5) years commencing on the Commencement Date and terminating cal the fifth (5th) •
anniversary of the Commencement Date (the "Tenn") unless otherwise terminated as provided in Paragraph 10.
Lessee shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms")
on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each
successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the
succeeding Renewal Term.
(b) The Rent provided for in Paragraph 5 (a) shall be increased by four percent (4 %) per year
throughout the initial Lease term and any Renewal Terms.
5. Runt.
(a) Within fifteen (15) days of the Commencement Date and on the first day of each month thereafter,
Lessee shall pay to Lessor as rent Six hundred and 00 /100 DOLLARS ($600.00) per month ( "Rent "). Rent for any
fractional month at the beginning o: at the end of the Term or Renewal Term shall be prorated. Rent shall be
payable to Lessor at ; Attention:
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(b) Additional Consideration. As additional consideration to this Lease, within 30 days following the
Lease Commencement Date and continuous radio operations from the Site, Nextel shall provide Lessor with
six (6) standard ESMR mobile phones (specific model to be determined by Nextel). Nextel shall not be
responsible for any service charges for such phones, including but not limited to installation, activation,
access, air time, long distance and toll charges associated with the use of said phones, which shall be the sole
responsibility of the Lessor. Lessor shall refer solely to the manufacturer of such phones, and not Nextel, for
the cost of any necessary phone repair or replacement.
6. Facilities: Utilities: Access.
(a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities,
including without limitation utility lines, transmission lines, air conditioned equipment shelter(s), electronic
equipment, radio transmitting and receiving antennas and supporting equipment and structures thereto ( "Lessee
Facilities" ). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the
Premises for Lessee's business operations and to install transmission lines connecting the antennas to the
transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole
cost and expense and in good and workmanlike manner. Lessee shall submit to Lessor a structural analysis
demonstrating the wind and load capacity of the light standards for Lessee's Facility. Lessee shall also submit
a construction schedule to Lessor for Lessor's approval , which approval shall not be unreasonably delayed
or witheld. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's
personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or
before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises
caused by such removal.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing
utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the
Property or obtain separate utility service from any utility company that will provide service to the Property
(including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or
easements as may be required by said utility companies to provide such service to the Premises, including the grant
to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the
Land as required by such servicing utility company to provide utility services as provided herein.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the
Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants
to Lessee, and its agents, employees, contractors, guests and invitees, a non - exclusive right and easement for
pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner
sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. 4..essor shall be
responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's
use of such roadways.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and
other lessees or licensees of the Property, provided that their installations predate that of the Lessee Facilities. All
operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC ") requirements.
(b) Subsequent to the instsllation of 'he Lessee Facilities, Lessor shall not permit itself, its lessees or
licensees to install new equipment on the Property or property contiguous thereto owned or controlled by Lessor, if
such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a
material breach by Lessor. In the event interference occurs, Lessor agrees to take all action necessary to eliminate
such interference, in a reasonable time period. In the event Lessor fails to comply with this paragraph, Lessee may
terminate this Agreement, and/or pursue any other remedies available under this Agreement, at law, and/or at
equity.
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8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly
attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the
Property.
9. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's
personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's
consent.
(b) Lessor aclmowledges that Lessee has entered into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral ") with a third
party financing entity (and may in the future enter into additional financing arrangements with other financing
entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest
in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be
removed at any time without recourse to legal proceedings.
10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written
notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default
is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any
monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided
Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the
Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval
necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and
utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in
frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for
economic or technological reasons, including, without limitation, signal interference.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or
transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage,
destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty -five
(45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If
Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual
reduction or abatement of use of the Premises.
12. Insurance. Lessee, at Lessee's sole cost and expense; shall procure and maintain on the Premises and on the
Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million
and 00 /100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against
liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as
provided for herein. Lessor, at Lessor's sole cost and expense, shall procure and maintain on the Property, bodily
injury and property damage insurance with a combined single limit of at least One Million Dollars ($1,000,000) per
occurrence. , Such insurance shall insure, on an occurrence basis, against liability of Lessor, its employees and
agents arising out of or in connection with Lessor's use, occupancy and maintenance of the Property. Each party
shall be named as an additional insured on the other's policy. Each party shall provide to the other a certificate of
insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date.
- , 13. Waiver of Subrogation. Lessor and Lessee release each other and the respective principals, employees,
representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities
thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and
in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to
provide that the insurance company waives all right of recovery by way of subrogation against the other in
connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any
damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12.
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14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in
this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may
assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in-
interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any financing entity's
interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written
notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to,
those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee
may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to
any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed
money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar
instruments, or (iii) has obligatiou. under or with respect to letters of credit, bankers acceptances and similar
facilities or in respect of guaranties thereof.
15. Warranty of Tick and Quiet.Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple
and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii)
Lessor has full right to make and perform this Agreement and (iii) Lessor covenants and agrees with Lessee that
upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part
to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify
and hold harmless Lessee from any and all claims on Lessee's leasehold interest.
16. Repairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs
shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon
expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon
execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted.
17. Hazardous Substances Lessee agrees that it will not use, generate, store or dispose of any Hazardous
Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and
agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of,
or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land
in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use,
generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or
regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners,
affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable
attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this
paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product,
asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive
toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement.
18. )Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including
attorneys' fees, costs and expenses of defending against such claims) arising from the negligence or willful
misconduct of Lessee or Lessee's agents or employees in or about the Property. Lessor shall indemnify and hold
Lessee harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims)
arising or alleged to arise from the acts or omissions of Lessor or Lessor's agents, employees, licensees, invitees,
contractors or other tenants occurring in or about the Property. The duties described in Paragraph 18 survive
termination of this Agreement
19. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and
supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any
amendments to this Agreement must be in writing and executed by both parties.
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(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as to whom it is held
invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees
of the respective parties.
(d) Any notice or demand required to be given herein shall be made by certified or registered mail, return
receipt requested, or reliable overnight courier to the address of the respective parties set forth below:
Lessee: Lessor.
Nextel West Corp.
dba Nextel Communications
1750 112 Avenue NE, Suite C -100
Bellevue, WA 98004
Attn.: Property Manager
With a copy to:
Nextel West Corp.
dba NexteI Communications
1750 112 Avenue NE, Suite C -100
Bellevue, WA 98004
Attn.: System Development Mgr.
and a copy to:
Nextel Communications, Inc.
1505 Farm Credit Drive
McLean, Virginia 22102
Attn: Legal Dept., Contracts Mgr.
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other
party. All notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Washington.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will
be recorded by Lessee in the official records of the County where the Property is located. In the evegt the Property
is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non - disturbance and
attornment instrument for each such mortgage or deed of trust
(g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing
documentation required by the title insurance company.
(h) In any case where the approval or consent of one party hereto is required, requested or otherwise to
be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent.
(i) All Riders and Exhit i+s.annexed hereto form material parts of this Agreement.
(j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an
original.
20. Marldng and Lighting Requirements. Lessee acknowledges that it, and not Lessor, shall be responsible
for compliance with all marking and lighting requirements of the Federal Aviation Administration ( "FAA ") and the
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FCC. Lessee shall indemnify and hold Lessor harmless from any fines or other liabilities caused by Lessee's
failure to comply with such requirements. Should Lessee be cited by either the FCC or FAA because the Lessee
Facilities_is not in compliance and, should Lessee fail to' cure the conditions of noncompliance within the time
frame allowed by the citing agency, Lessor may terminate this Agreement immediately on notice to Lessee or
proceed to cure the conditions of noncompliance.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
LESSEE LESSOR
Nextel West Corp.
a Delaware Corporation
dba Nextel Communications
By: By:
Name: Perry Satterlee Name:
Title: President - PNW Title:
Date: Date:
Tax ID#:
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ACKNOVU,EDGMFNTS
ALL SIGNATURES MUST BE ACKNOWLEDGED
STATE OF Washington )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that Perry Satterlee is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the President of PNW to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: , 199_
WTINFSS my hand and official seal.
Notary Public for Washington
Residing at:
My commission expires:
State of Washington )
) 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/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated: , 199
Notary Public for Washington
Residing at
My appointment expires:
State of Washington )
) 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/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated: , 199
Notary Public for Washington
Residing at
My appointment expires:
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EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated , 199 , by and between , as
Lessor, and Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee.
The Land is described and/or depicted as follows (metes and bound description):
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EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated , 199 , by and between , as
Lessor, and Nextel West Corp., a Delaware corporation, dba Nextel Communications as Lessee.
The Premises are described and/or depicted as follows:
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable
governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police
and aura dopartments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only.
Actual types, numbers, mounting positions may vary from what is shown above.
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EXHIBIT C
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Nextel West Corp.
dba Nextel Communications
1750112'" Avenue NE, Suite C -100
Bellevue, WA 98004
ATTN: System Development Manager
This Memorandum of Agreement is entered into on this XXX day of , 199X, by and between
a XXXXXXXXX corporation, with an office at XXXXXXX3OCX3ODDOCX, (hereinafter
referred to as "Lessor ") and Nextel West Corp., a Delaware corporation, dba Nextel Communications, with an
office at 1750 112 Avenue NE, Suite C -100, Bellevue, Washington 98004 (hereinafter referred to as "Lessee ").
1. Lessor and Lessee entered into a Communications Site Lease Agreement ( "Agreement") on the
XXXX day of XXXX 199X, for the purpose of installing, operating and maintaining a radio
communications facility and other improvements. All of the foregoing are set forth in the Agreement.
2. The term of the Agreement is for (J years commencing the latter of the date of the
notice or a date certain specified in the notice (" Commencement Date" ), which date shall be not later
than (the "Expiration date "), and terminating on the anniversary of the
Commencement Date with ( ) successive ( ) year options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto.
The portion of the Land being leased to Lessee (the "Premises ") is described in Exhibit B annexed
hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and
year first above written.
LESSEE LESSOR
Nextel West Corp.
a Delaware Corporation
dba Nextel Communications
By: By: XX300000000000000000000CXX
Name: Perry Satterlee Name:
Title: )President - PNW Title:
Date: Date:
Tax ID#:
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ACKNOWLEDGMENTS
ALL SIGNATURES MUST BE ACKNOWLEDGED
STATE OF Washington )
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that Perry Satterlee is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the President of PNW to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated VOCXXXXXXXXX, 199X
WITNESS my hand and official seal.
Notary Public for Washington
Residing a
My commission expires: XXXXXXXXXX
State of Washington )
) ss.
County of )
I certify that I know or have satisfactory evidence that XXXXX O Xx is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the 700CX3000C of )0000000C to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: 199X
Notary Public for Washington
Residing at
My appointment expires:
State of Washington )
) ss.
County of )
I certify that I know or have satisfactory evidence that XXX000XXXx is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the XXXXXXXX of XX300000C to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: XXXXXXXX300C, 199X
Notary Public for Washington
Residing at
My appointment expires:
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MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Nextel West Corp.
dba Nextel Communications
1750 112 Avenue NE, Suite C -100
Bellevue, WA 98004
ATTN: System Development Manager
This Memorandum of Agreement is entered into on this day of , 199 by and
between , a corporation, with an office at
, (hereinafter referred to as "Lessor ") and Nextel West Corp., a
Delaware corporation, dba Nextel Communications, with an office at 1750 112's Avenue NE, Suite C-100,
Bellevue, Washington 98004 (hereinafter referred to as "Lessee ").
1. Lessor and Lessee entered into a Communications Site Lease Agreement ( "Agreement"') on the
day of 199 , for the purpose of installing, operating and maintaining a radio
communications facility and other improvements. All of the foregoing are set forth in the Agreement.
2. The term of the Agreement is for (_J years commencing the latter of the date of the
notice or a date certain specified in the notice (" Commencement Date" ), which date shall be not later
than (the "Expiration date "), and terminating on the anniversary of the
Commencement Date with ( ) successive ( ) year options to renew.
3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto.
The portion of the Land being leased to Lessee (the 'Premises ") is described in Exhibit B annexed
hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and
year first above written.
LESSEE LESSOR
Nextel West Corp.
a Delaware Corporation
dba Nextel Communications
B By:
Name: perry SatterIee Name:
Title: ?resident - PNW Title:
Date: Date:
Tax ID #:
Page 12
September 1997
ii /lU /J! IUV1Y 10..)4 1`AA LVU Lou o.vo U)iAlALL 20b 298 9583- .*,V1'!/ V11
• •
Pacific Northwest Market
Site Name
Site Number
ACKNOWLEDGMENTS
ALL SIGNATURES MUST BE ACKNOWLEDGED
STATE OF Washington )
) ss
COUNTY OF )
I certify that I know or have satisfactory evidence that Perry Satterlee is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the President of PNW to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: ,199
WITNESS my hand and official seal.
Notary Public for Washington
Residing at
My commission expires:
State of Washington )
) 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/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated: , 199_
Notary Public for Washington
Residing at
My appointment expires:
State of Washington )
) 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/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrment,
Dated: , 199
Notary Public for Washington
Residing at
My appointment expires:
Page 13
September 1997
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• •
CITY OF FEDERAL WAY Item 3B
CITY COUNCIL PARKS AND RECREATION COMMITTEE
Date: November 12, 1997
From: Jennifer Schroder, Director
Parks, Recreation and Cultural Services
Subject: Historical Society Lease
Background:
Per Council's direction, I have met with members of the Historical Society on developing a draft lease
agreement for the Fisher's Pond Park residence. I will have a draft agreement for Council's review
on November 17. To date, lease terms the draft agreement will include are as follows:
Historical Society:
• Lease term ten years with renewals of term for ten years.
• Historical Society to use the facility from November through December 1997 for storage only
or until approval for the facility to serve as an historical interpretive center is completed. At
that time, the Historical Society can conduct public meetings, interpretive displays, storage
of archives, filing and other related tasks/services.
• Historical Society will pay $75 /month for utilities from January 1 through December 31,
1998. Beginning January 1, 1999, Historical Society to pay directly all utilities except water.
• Historical Society to sublease for caretaker responsibilities.
• Historical Society to be responsible for maintenance and repair of the building.
• Historical Society to maintain their 501(c)(3) status.
• Historical Society to not discriminate membership.
• Historical Society to maintain insurance on personal property and liability.
• Historical Society agrees to work cooperatively with the City to maintain facility and grounds
of Fisher's Pond Park.
• City agrees to make application for change of use of facility from residential to public park
including an Historical Society interpretive center.
• City to pay utilities until January 1999.
• City to maintain fire and liability insurance on residence.
• City agrees to work cooperatively with Historical Society to apply for grants to improve,
repair and/or maintain the residence.
• City to work jointly with Historical Society to install a park name sign with acknowledgment
of Historical Society's partnership.
. • •
Committee Recommendation:
1. Approve draft agreement of lease and forward to full Council.
2. Approve draft agreement as amended in Committee and forward to full Council.
3. Move to direct staff to negotiate further with the Historical Society and to bring to full
Council on December 2 a final agreement for approval.
APPR OVAL I TT: F RT::: >:::: >::>:::: >::::> ::: >:::: >:>::::: :> ::::....::::>:<:: >: >:::: >: >:::: >::: ........... :::>::::::::>::»:: :: >:::: >:::: >:::: >:::: >:::: >:::
>:: >:: >n:: , > > . <.: >`'::' <':::.::: > € >Com im ttee Member: : > >€ :: >:'
Ccimtiatt : Chair `: > >:
':>':< > >? € >Cci mnnttee. Member ....... ...............................
• •
1 f erry 3 G
CITY OF FEDERAL WAY
CITY COUNCIL PARKS AND RECREATION COMMITTEE
Date: November 10, 1997
From: Mary Faber, Community and Cultural Services Manage
Kurt Reuter, Athletics and Specialized Services Manage
Subject: Recreation and Cultural Services Recovery
Background:
In 1996, the Parks and Recreation Commission reviewed the Recreation and Cultural Services
recovery ratio (expenses vs. revenues) and recommended to City Council a number of strategies
to achieve a higher recovery ratio which would lower general fund subsidy. The two most
significant strategies implemented were the reorganization of the Recreation Division staffing
levels, and the policy that all recreation participants pay for program services including athletics,
seniors and special populations.
The budgeted recovery for 1997 is 40 %. Currently, through September the actual recovery ratio
for Recreation and Cultural Services is 49.3 %. Attached is a copy of the Septembers' Monthly
Financial Report for your review. The recovery ratio in 1997 will decline during months of
October and November. Fall quarter operational expenses will continue to accumulate during this
time after the revenue for the programs has been received. Winter quarter revenue will begin in
December and continue through the first quarter of the new year.
Currently, the Division utilizes the following facilities for programming:
Klahanee Lake Community Center
Dumas Bay Centre
Saghalie Junior High
Sacajawea Junior High
Kilo Junior High
Lake Grove Elementary
Wildwood Elementary
4
• • G�/
City of Federal Way September 1997 Monthly Financial Report
Recreation and Cultural Service Programs and Dumas Bay Centre Performance
Table 11 summarizes recreation and Dumas Bay Centre activity and their related recovery rates.
Through September, recreation and cultural service revenues total $370,549 or 82.0% of the revised budget
• ($452,157). Recreation's direct program expenditures total $487,056 or 66.5% of the revised budget
($732,212). Recreation fees have recovered 76.1% of direct program costs. Including administrative
expenditures totaling $264,742, the overall recovery ratio is 49.3 %. The 1997 target recovery rate is 40.0 %.
Dumas Bay Centre operating revenues, total $268,016 or 86.5% of the adopted budget ($309,982). In •
February the Dumas Bay Centre implemented a Facilities Booking Program which records revenues on an
accrual basis. In the past revenues were recorded on a cash basis. Through September unearned revenues
relating to 1997 and 1998 activities were $29,031 and $30,796 respectively, which would bring cash basis
revenues collected through September to $327,843 or 105.8% of the revised budget. Operating expenditures
total $306,346 or 98.8% (excluding .one time costs) of the revised budget ($309,982). The Dumas Bay Centre
has recovered 87.5% of all operating costs when unearned revenues are not considered. When unearned
revenues are considered, the recovery rate is increased to 107.0 %.
TABLE II
RECREATION& CULTURAL SERVICE PROGRAMS AN D DUMAS BAY CENTREPEREORMANCE
Revenues Expendltures RecoveryRaatla %
Program;:
ATHLETICS AND SPECIALIZED SERVICES
Community Center 26,862 20,082 74.8% 78,179 53,496 68.4% 34.4% 37.5%
Senior Services 48,075 26,375 54.9% 61,434 44,352 72.2% 78.3% 59.5%
Special Populations 6,920 8,541 123.4% 49,257 33,725 68.5% 14.0% 25.3%
Teen Program 4,600 551 12.0% 26,080 4,064 15.6% 17.6% 13.6%
Arts & Crafts Bazaar 600 - 0.0% 1,693 305 18.0% n/a n/a
Adult Athletics 135,000 126,868 94.0% 100,668 76,219 75.7% 134.1% 166.5%
Youth Athletics 64,350 48,462 75.3% 72,281 31,530 43.6% 89.0% 153.7%
Aquatics 2,500 2,033 81.3% 31,910 29,957 93.9% 7.8% 6.8%
C.A.R.E.S - - n/a - - n/a n/a n/a
Subtotal $ >288,907 $ 232,912. .. >80.6% $ 42
Administration - - n/a 222,408 142,224 63.9% n/a n/a
Total $ 2$8,907 $ 232 911 80 6% $. :643,910 $ 416,87:1 54.6% 44 9% $6 0%
COMMUNITY AND CULTURAL SERVICES
Arts & Special Events 28,800 26,377 91.6 %j 46,302 40,054 86.5% 62.2% 65.9%
Arts Commission 700 927 132.5% 76,250 35,188 46.1% 0.9% 2.6%
Community Recreation 118,500 92,121 77.7% 155,658 113,148 72.7% 76.1% 81.4%
Red, White & Blue 15,250 18,212 119.4% 32,500 25,019 77.0% 46.9% 72.8%
Subtotal 5. ;163,250 ;:$..137.637 84 3.% $ 310,710. $ 213409 68.7% 5Z 5% i 64 5/0
Administration n/a 182,117 122,518 67.3% n/a n/a
TOTAL RECREATION I $ 452,157 I $ 370,549 I 82.0 %I 5 1,136,737 I $ 751,798 I 66.1 %1 40.0 %I 49.3 %1
Dumas Bay Centre 309,982 268,016 86.5% 309,982 306,346 98.8% 100.0% 87.5%
P3 - n/a 16,321 16,321 100.0% n/a n/a
Carryforward - Arts Comm. - - n/a 25,516 - 0.0% n/a n/a
GRAND TOTAL _ $ ,:762,139: $ 638,565 $ `:1,074`465 72.2% 59.4
12
* 4-e_n1 314
•
RECEIVED
OCT 2 1 1997
King County
Department of Parks and Recreation PARKS & RECREATION
Luther Burbank Park
2040 84th Avenue S.E.
Mercer Island, WA 98040
(206) 296 -4232
(206) 296 -8686 FAX
October 17, 1997
TO: Parks and Recreation Directors
FM: Sharon Claussen, Project Manager
RE: "100 Fields" Initiative
At the recent Park Directors Meeting, there were several requests for information about the
proposed "100 Fields" Initiative recently announced by King County Executive Ron Sims.
Enclosed are the handouts from the press conference that explain this initiative. It is
predominantly a County program that will develop and renovate 100 fields over the next six
years. The proposal includes the County's proposed Six Year Capital Program with the
additional of a $10 million bond, the Dream of Fields Program and the Youth Sports Facilities
Grant Program.
This initiative allows the County to do in six years what normally would have been planned for
twelve. The centerpieces of the initiative are new field complexes at Section 36 Park on the
Sammamish Plateau and, the soon -to -be acquired Lake Sawyer Park. The Dream of Fields
Program will fund partnerships with schools in unincorporated King County to build and
upgrade their fields. The Youth Sports Facilities Grant Program will provide matching funds to
project sponsors anywhere in King County, including within cities.
If you have any questions, please call me at (206) 296 -4135 or Kevin Brown at (206) 296 -4289.
Enclosures
SC:eh
cc: Craig Larsen, Director, King County Department of Parks and Recreation
King County Executive
Ron Sims
Department of Parks and Recreation
For Releasepctober 6, 1997 Media Contact: Al Dams, 296 -4129
SIMS CALLS FOR 101 NEW OR IMPROVED BALLFIELDS
Seven years ago then -King County Councilmember Ron Sims conceived, funded and
promoted the "Dream of Fields" Initiative to create new youth sports playfields. Today King
County Executive Ron Sims unveiled the "100 Fields" Initiative in his 1998 Executive Proposed
Budget to add or improve 101 ballfields throughout unincorporated King County over the next
six years, including major new ballfield complexes on the East Sammamish Plateau and in
Southeast King County.
"We're going to do in six years what had been planned for twelve. We're going to double
our number of fields, and do it twice as fast," said Sims at today's news briefing. "When I was
coaching we didn't lack players, coaches or equipment. We lacked fields. There is nothing
worse than having kids turn out and know that you're going to have to cut one -third of those kids,
deny them the right to play, because there isn't a field. There's been enough heartbreak. We're
going to do it right, and kids in all parts of the county are going to get a chance to enjoy the
camaraderie of sports."
The " 100 Fields" Initiative uses a comprehensive approach to build or rehabilitate 101
new athletic fields by the year 2004. This approach includes building new ballfields on land
owned by the county, partnering with other agencies to build new fields on their property, and
rehabilitating other fields to enhance their quality or increase the amount of time they can be
used.
-- MORE --
• •
•
Page two
The centerpieces of the initiative are new ballfield complexes at Section 36 Park on the
East Sammamish Plateau, and at the soon -to -be acquired Lake Sawyer Park. At Section 36 Park,
plans are to add ballfield construction to the first phase of development. The county is currently
negotiating the purchase of about 150 acres of property on the south end of Lake Sawyer. Once
this park is established, plans call for the construction of up to five sports fields. These ballfield
complexes are aimed at increasing field opportunities in areas that are currently underserved.
The ballfield initiative will be funded through several sources. Under the Executive's
budget plan, the county would leverage funding collected through the Real Estate Excise Tax
(REET) by selling $10 million in bonds. This proposed bond will increase the amount of work
that can be done in the near future. Funding for ballfield construction will also come from the
King County Department of Parks and Recreation Department's capital improvement budget.
The ballfield rehabilitations will be accomplished through the Parks Department's Dream of
Fields and the Youth Sports Facilities Grants programs. These programs maximize the use of
county funding by forming partnerships with other agencies such as school districts and youth
sports organizations.
Sims was joined at today's briefing by two youth sports representatives. Michael Lloyd
of the Snoqualmie Valley Junior Soccer Association spoke movingly of the lack of local fields
by describing how he helped renovate a field with a previous county grant. "We poured concrete
into the ground into which to set the soccer goals, and it was the first time that soccer field
looked like a soccer field. We got the goal up, went down to the other end to set the second goal,
concrete's still wet.... two kids came out and started shooting goals into the first one. If there
was ever truth to the maxim, 'If you build it, they will come'... boy, I saw it right then. And that
meant a lot to me. I'm really proud that these monies are coming forward and I'm really happy
that this is happening for our kids."
"I am very pleased with what I've heard," said Bob McWhirter with the Issaquah North
Little League. "We have a lot of youngsters over 12 years old that we are unable to
-- MORE --
• •
Page three
accommodate because of lack of ballfields. We live in the fastest growing area in the county.
Our parents have been dipping into their own pockets to build 2 or 3 new Little League fields a
year, just to keep up. So I'm very, very pleased with what Executive Sims has done here today."
Design and construction of the new and renovated fields will be done by the county's
Department of Construction and Facilities Management. A public process will be created to get
good input from user groups. King County Parks currently has about 120 sports fields in its
system.
The "100 Fields" Initiative will be transmitted to the King County Council next Monday
as part of the 1998 Executive Proposed Budget. The Council traditionally approves a new
county budget just before the Thanksgiving recess.
# ##
• •
100 FIELDS INITIATIVE
The goal of this initiative is to increase by 100 the number and quality of
field opportunities available for county residents to participate in organized
sports. Availability of recreational opportunities such as these are critical
to the quality of life in our county and contribute to its economic health.
The Initiative envisions a 6 -year program funded through the yearly Capital
Improvement Program in 1998 -99 with the addition of $10- million in bond
proceeds of $4.3- million in 2000 and $5.7- million in 2001 financed by the Real
Estate Excise Tax (REET). It would provide for minor renovation of fields
through the Dream of Fields and Youth Sports Facilities Grants, construction of
23 new fields, major renovation /redevelopment of about 9 sites and lighting of 3
existing fields to effectively increase field capacity and quality at a significantly
faster rate of development.
This initiative links additional field development to early phases of two major park
development projects for potential cost efficiencies in both construction and long
term maintenance. (Lake Sawyer and Section 36.) Earlier development may also
help keep costs down by minimizing the effects of inflation. Proposed 10 year
CIP shows that debt service within first 8 years can be offset by proposed
$600,000 athletic field yearly allocation and reallocation of funds in later years for
same sites. Development of more fields allows for greater countywide
distribution.
NEED / DEMAND
Users in all areas of the county have identified field shortages with leagues
reporting a significant number of players being turned away each season for lack
of playing space. Analysis of field needs using the National Recreation and Park
Association Recommended Standards as found in the Park, Recreation and
Open Space Plan shows a statistical need for 131 athletic fields with uneven
equity and geographic distribution. A user group survey done for the 1996
Recreation and Conservation Bond identified a need for construction or
renovation of 497 -547 fields.
ROLE OF GROWTH
Need for athletic fields is in response to high rates of growth over the last decade
in the unincorporated areas. This growth has been especially significant on the
East Sammamish plateau and in the southeast part of the county. Projected
population growth will continue to intensify these needs. Growth in participation
by girls, women and adult males, as well as seniors adds to the increasing
demand for these facilities. Growth in "new" sports such as rugby and cricket
also increase number of new users served and types of fields.
1
i
• •
ANALYSIS OF CONDITIONS / POTENTIAL
The prioritization of projects for this initiative will consider relative geographic
needs countywide, and project cost benefits. Some projects such as new fields
or field lighting will substantially increase available playing time, while renovation
projects may increase playing time to a lesser degree, but may increase in the
level or quality of play on the field. New park sites may be more costly to
develop, but may serve an unserved community, as opposed to developing fields
in better served or sparsely populated areas. Long term costs for maintenance
and operation will also need to be considered in project selection and phasing.
A review of the county's field inventory indicates a need for renovation of some
type on 70 of the county's fields. Known renovation needs at school district sites
include nearly 50 fields. Opportunity for additional fields in county parks as per
plans or identified potential equals 56 fields. This information will also help
identify potential projects for the initiative.
2
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. •
RECEIVED
OCT 201997
PARKS & RECREATION
16 October 1997
525 SW 312th Street
Federal Way WA 98023
Ms. Jennifer Schroeder
Federal Way Parks, Recreation and Cultural Services
33530 -1st Way South
Federal Way WA 98003
Dear Ms. Schroeder,
Today I walked the length of Phase II of the BPA trail. It was a very enjoyable
experience.
Your department, the designer and the contractor should all be very proud of
this fine addition to our park system.
I hope you are planning on a Phase III.
Yours truly,
vilt`
•
Robert S. Roper