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LUTC PKT 04-06-2015City of Federal Way City Council Land Use /Transportation Committee April 6, 2015 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, May 4, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City Staff Bob Celski, Chair Marwan Salloum P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253 -835 -2703 Action Topic Title/ Description Presenter Page or Info Council Date Time A. Approval of Minutes: March 2, 2015 Upton 3 Action N/A 5 min B. S 324th Street (Pacific Highway South to Huynh 7 Action April 21, 2015 5 min S 322nd Street) Preservation Project — Consent 85% Design Status Report and Authorization to Bid C. S 288th Street (Military Road to City Limit) Huynh 9 Action April 21, 2015 5 min Preservation Project — 85% Design Status Consent Report and Authorization to Bid D. Pacific Highway South HOV Lanes Phase Mulkey 11 Action April 21, 2015 5 min V Project; (S340th Street to S 359th Consent Street) - 85% Status Report E. Ordinance to Vacate a Portion of S 336th Mulkey 15 Action April 21, 2015 5 min Street Ordinance First Reading F. 20th Avenue S Name Change Perez 23 Action April 21, 2015 5 min Consent G. Proposed Code Amendment Related to Call 25 Action April 21, 2015 10 min the Regulation of Adult Family Homes Ordinance Under FWRC 19.105.080 First Reading H. Christian Faith Center Franchise Extension Call 33 Action April 21, 2015 5 min Ordinance First Reading I. Twin Lakes Golf and Country Club Call 61 Action April 21, 2015 5 min Franchise Extension Ordinance First Reading 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, May 4, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City Staff Bob Celski, Chair Marwan Salloum P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253 -835 -2703 This page left blank intentionally. City of Federal Way City Council Land Use /Transportation Committee March 2, 2015 City Hall 5:30 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa- Dawson. Council members in attendance: Susan Honda. Staff in Attendance: Public Works Director Marwan Salloum, Deputy Public Works Director /PACC Project Director Will Appleton, Assistant City Attorney Mark Orthmann, City Traffic Engineer Rick Perez, Streets Manager John Mulkey, Surface Water Manager Theresa Thurlow, Solid Waste & Recycling Coordinator Rob Van Orsow, Street Systems Project Engineer Christine Mullen, Street Systems Engineer Jeff Huynh, ESA & NPDES Coordinator Hollie Shillie and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT (3 minutes) None. 3. COMMITTEE BUSINESS Motion by Maloney to amend the agenda by adding the Waste Management / Cedar Grove Composting — Processing Surcharge topic to the agenda under Committee Business as Item G for Committee action. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 Topic Title/ Description Forward to Council A. Approval of Minutes: February 2, 2015 N/A Committee approved the February 2, 2015, LUTC minutes as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 B. 2015 Asphalt Overlay Bid Award March 17, 2015 Consent Mr. Huynh stated six bids were received on February 11th for the 2015 Asphalt Overlay Project. The lowest responsive, responsible bidder is Lakeside Industries, Inc., with a total bid of $1,462,720.67. Mr. Huynh provided a summary of the available funds and a breakdown of estimated project costs. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair 3 Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 153- 835 -2703 C. S304 th Street @ 28th Ave S – 100% Status and Authorization to Bid March 17, 2015 Consent Ms. Mullen noted this project will construct a traffic signal and new northbound right turn lane at the intersection of S 304th St and 28th Ave South. This project requires right -of -way acquisition on three parcels. Ms. Mullen provided a brief summary of the progress of the project to date, details on the retaining wall including type of material that will be used, signal timing, queue lengths, estimated expenditures and available funding. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 D. Safety Improvement Project – Project Acceptance March 17, 2015 Consent Mr. Long indicated that prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete. Mr. Long presented pictures of the improvements and stated the contract with Transportation Systems came in below budget and is complete. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 E. Mayer Right of Way Lease Agreement Extension March 17, 2015 Consent Mr. Mulkey presented some background information on this topic. He explained that Mr. Mayer owns water front property adjacent to 53rd Ave SW and the only access to that property is through a dirt path on the unopened portion of 53rd Ave SW and a tram system constructed by Mr. Mayer. Mr. Mayer wishes to extend the lease agreement for an additional five years. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 F. 2015 Annual Report – NPDES Municipal Stormwater Permit March 17, 2015 Consent Ms. Shilley provided a brief summary of the NPDES Permit, requirements and program elements.- The NPDES Permit requires that all affected municipalities create and implement a Stormwater Management Program which addresses six required program elements: 1) Public Education and outreach, 2) public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run —Off, 5) Operations and Maintenance of Post Construction Stormwater Facility, and 6) Monitoring. She discussed the annual report that staff prepared for submission to Washington State Department of Ecology. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 G. Waste Management / Cedar Grove Composting: Processing Surcharge March 17, 2015 Consent Mr. Van Orsow presented information on the Waste Management / Cedar Grove Composting Processing Surcharge item. He noted this item establishes a surcharge to offset yard waste composting costs incurred by Cedar Grove Composting. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Committee Members Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member Passed: Unanimously, 3 -0 City staff Marwan Salloum, P. E., Public Works Director Shawn Upton, Administrative Assistant 11 253- 835 -2703 crawl 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, April 6, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:20 PM. COMMITTEE APPROVAL: Bob Celski, Chair Kelly Maloney, Member Attest: Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member Committee Members City Staff Bob Celski, Chair 5 Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253 - 835 -2703 This page left blank intentionally. COUNCIL MEETING DATE: April 21, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project — 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huyiih, Street Systeims f.in itivLr • :. ° DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 6, 2015. Options Considered: 1. Authorize staff to bid the S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ap 21, 2015 City Council Consent Agenda for auvroy.W. -.--I MAYOR APPROVAL: InitiaMate CHIEF OF STAFF: 3,� /117 DIRECTOR APPROV. COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2015 City Council consent agenda for approval. Bob Celski, Chair Member Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 324`1` Street (Pacific Highway South to S 322 d Street) Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # k: \council \agdbills\2015 \04 -21 -15 S 324th Sheet (Pacific Highway South to 5322nd Street) Preservation Project — 85% Design Status Report 7 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor 47� FROM: Marwan Salloum, P.E., Public Works Director Jeff Huynh, Street Systems Engineer SUBJECT: S 324th Street (Pacific Highway Sout ! to S 322nd Street) Preservation Project — 85% Design Status Report and Authorization to Bid ::T61 CIcl1 tZ1111e111 Under the PSRC Countywide Preservation Competition in 2014, the City was awarded Grant funding for the overlay and ADA retrofit of S 324th Street between Pacific Highway South and S 322nd Street. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Preliminary Contract Specifications • Project Design to 85% • Environmental Documentation Submittal Ongoing Tasks Include: • Project Design to 100% • Environmental Documentation Approval • Construction Funds Obligation PROJECT ESTIMATED EXPENDITURES: Design (In -house Design) $100,000 N/A Right -Of -Way Acquisition 2015 Construction Cost Est. $675,000 5% Construction Contingency - -- .____ .............. — Project Management (In -house Design) $33,750 $56,000 TOTAL PROJECT COSTS $864,750 PROJECT AVAILABLE FUNDING: PSRC Grant Funding (Federal) $600,000 City Funding $271,000 TOTAL AVAILABLE BUDGET $871,000 The project is within available budget and staff anticipates bidding the project in June 2015. Construction is anticipated to commence in August 2015 with an estimated substantial completion date in October 2015. 8 COUNCIL MEETING DATE: April 21, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 288th Street (Military Road to City Limit) Preservation Project — 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the S 288th Street (Military Road to City Limit) Preservation Project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Hu Street Systems Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 6, 2015. Options Considered: 1. Authorize staff to bid the S 288th Street (Military Road to City Limit) Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 1, 2015 City Council Consent Agenda for appr 1. MAYOR APPROVAL: DIRECTOR. APPROVAL: W Council i al InitinV c Initial/Date CHIEF OF STAFF: I5 of m� '6 COMMITTEE RECOMMENDATION: I move to forward Option I to the April 21, 2015 City Council consent agenda for approval. Bob Celski, Chair Kell Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 28e Street (Military Road to City Limit) Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ® DENIED 1sT reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading T ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # k: \council \agdbills\2015 \04 -21 -15 5288th Street (Military Road to City Limit) Preservation Project 85% Status Reprt.doc 9 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Jeff Huynh, Street Systems Engineer -'Iv, SUBJECT: S 288th Street (Military Road to City Limit) Preservation Project — 85% Design Status Report and Authorization to Bid BACKGROUND: Under the PSRC Countywide Preservation Competition in 2014, the City was awarded Grant funding for the overlay and ADA retrofit of S 288th Street between Military Road to the east City Limit. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Preliminary Contract Specifications • Project Design to 85% • Environmental Documentation Submittal Ongoing Tasks Include: • Project Design to 100% • Environmental Documentation Approval • Construction Fund Obligation PROJECT ESTIMATED EXPENDITURES: Design (In -house Design) $100,000 Right -Of -Way Acquisition 2015 Construction Cost Est. N/A $470,000 5% Construction Contingency Project Management (In -house Design) $23,500 $42,000 TOTAL PROJECT COSTS $635,500 PROJECT AVAILABLE FUNDING: PSRC Grant Funding (Federal) $500,000 City Funding $137,000 TOTAL AVAILABLE BUDGET $637,000 The project is within available budget and staff anticipates bidding the project in June 2015. Construction is anticipated to commence in August 2015 with an estimated substantial completion date in October 2015. 10 COUNCIL MEETING DATE: April 21, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340`h St to S 359" St) Project - 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase V Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Manage DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 6, 2015. Options Considered: 1) Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase V- S340th St to S35 91h Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. Also, authorize the transfer of $500,000 from the SWM Capital Improvements Fund project #304 - 3100 -273 to this project 2) Do not authorize staff to proceed with the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the ,A, i1 215 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: q Ity DIRECTOR APPROVAL: ultce CHIEF OF STAFF:, l✓ f ,(�.G -��j m tee coutfeil COMMITTEE RECOMMENDATION: I move to forward Option I to the April 21, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with design of the Pacific Highway South HOV Lanes Phase V- 5340th St to South 359`h Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for fitrther reports and authorization Also, authorize the transfer of $500,000 from the SWM Capital Improvements Fund project #304 - 3100 -273 to this project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/20 10 RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Farrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director John Mulkey, P.E., Interim Street Systems Manager S �� Pacific Highway South HOV Lanes Phase V Project; SUBJECT: (S340th Street to S 359`h Street) - 85% Status Report BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 340`h Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. In an effort to reduce costs and public disruption, the following planned projects will be incorporated into the design and will be constructed as part of this project: Lakehaven Utility District Water and Sewer Utility Relocation and Adjustment Surface Water System Relocation and Upgrade Utility Underground Conversion within Project Limits (PSE, CenturyLink, Comcast, and Zayo) The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • The Topographical Surveys • Project Design to 85% • NEPA and Biological Assessment Documentations Approval • The Geotechnical Investigation • NEPA and Biological Assessment Documentations Approval • Channelization Plans Submittal and Approval by WSDOT • The Environmental Site Assessment (ESA) Phase I • First Open House for the Project was held in January, 2015 • Right of Way Requirements (ROW plan preparation, Property Appraisals & Review Appraisals) Ongoing Tasks Include: • Environmental Site Assessment (ESA) Phase II If needed • Driveway Consolidation Studies • Right of Way Negotiation, and Acquisition • Project Design to 100% 12 PROJECT EXPENDITURES: Planning and Design Right of Way Acquisition Year 2015 Construction 10% Construction Contingency Construction Management (12.5 %) Underground Conversion (PSE) TOTAL PROJECT COSTS AVAILABLE FUNDING: Total Grant Funding Authorized (PSRC County wide) Total Grant Funding Authorized 2016 (PSRC Regional) Total Grant Funding Anticipated (TIB) Budgeted City Fund (Year 2013) Budgeted City Fund (Year 2015) Budgeted City Fund (Year 2016) Surface Water Fund (Year 2015) Surface Water Fund (Year 2016) Lakehaven Utility District Centurylink Comcast ZAYO Impact Fee Interest Earnings TOTAL AVAILABLE BUDGET $ 2,000,000 2,600,000 15,600,000 1,560,000 1,950,000 500,000 $24,210,000 $2,639,331 $7,000,000 $5,000,000 $2,000,000 $1,613,000 $1,613,000 $500,000 $715,000 1,347,500 132,300 90,000 90,000 $62,264 $2,293 $22,804,688 (Federal ) (Federal ) (State ) The project budget is presented only for your information and tracking purposes. As we proceed with the project design and right of way acquisitions process, the total project costs including anticipated cost escalation for project construction in 2016 will be refined and presented to the Committee and Council at the 100% design completion status report for further action. cc: Project File Day File 13 This page left blank intentionally. 14 COUNCIL MEETING DATE: April 21, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE TO VACATE A PORTION OF S 336TH STREET POLICY QUESTION: Should the Council adopt an ordinance vacating a portion of S 336th Street to Kitts Corner, LLC, located on the south side of South 336th Street, adjacent to Lot 1 BLA 20140915900025? COMMITTEE: Land Use and Transportation Committee CATEGORY: MEETING DATE: April 6, 2015 ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated April 6, 2015. 2. Ordinance to vacate a portion of S 336th Street. Options Considered: 1. Adoption of the attached ordinance vacating a portion of S 336th Street to Kitts Corner LLC. 2. Do not adopt the ordinance vacating a portion of S 336th Street to Kitts Corner LLC and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ap ritl 21, 2015 City Council Ordinance Agenda for firAReading. h MAYOR APPROVAL: J DIRECTOR APPROVAL: . III se a zl CHIEF OF STAFF: COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 21, 2015 City Council consent agenda for first Reading. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I st Reading of Ordinance (April 21, 2015): "1 move to forward the ordinance to the second reading for enactment on the May 5, 2015 City Council Ordinance Agenda. " 2nd Reading of Ordinance (May S, 2015): "1 move to enact the ordinance vacating a portion of S 336th Street to Kitts Corner LLC located on the south side of South 336th Street, adjacent to Lot 1 BLA 20140915900025. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 15T reading ❑ TABLEDIDEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # 15 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor John Mulkey, P.E., Street Systems Manager FROM: Marwan Salloum, P.E., Public Works Director SUBJECT: Ordinance to Vacate a Portion of S 336th Street BACKGROUND: Kitts Corner LLC has petitioned the City to vacate a portion of South 336th Street, located on the south side of South 336th Street, adjacent to Lot 1 BLA 20140915900025. The area is a twenty -foot wide and varying in length from 85 feet to 60 feet portion of Right -of -Way along South 336th Street which was previously planned as an access to development of the Federal Way Village. The vacation was brought to Council on February 3, 2015, at which time a public hearing was held and the Council conditionally approved the vacation. The conditions of the vacation were for Kitts Corner LLC pay the City an amount of 50% of the appraised value of the property and obtain executed easements for utilities within the area to be vacated. Kitts Corner LLC have provided executed easements to the City and have paid an amount of $7,700.00 which is 50% of the appraised fair market value of the right -of -way to be vacated (1.468 square feet at $10.49 per square foot); all conditions for the street vacation have been met per the Council decision on February 3, 2015. cc: Project File Day File 16 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to vacating a portion of South 336th Street located on the south side of 13th Avenue South, west of 13th Avenue South adjacent to Lot 1 BLA 201409159000251 at Federal Way. WHEREAS, a valid petition has been filed by the owners of at least two- thirds of the abutting property requesting vacation of a portion of South 336th Street located on the south side of South 336th Street, west of 13th Avenue South, and adjacent to Lot 1 BLA 20140915900025 in Federal Way, Washington; and WHEREAS, pursuant to Resolution 15 -674, the Federal Way City Council held a public hearing at its regular meeting on January 6, 2015, to consider the petition for vacation as required by Chapter 35.79 RCW and Chapter 4.20 FWRC; and WHEREAS, following the conclusion of the public hearing on January 6, 2015, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWRC 4.20.120, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 15 -674 and payment of compensation by the owners of the abutting property; and WHEREAS, the property owners, Kitts Corner, LLC, have satisfied the conditions outlined in Resolution 15 -674 and paid the City 50 percent of the appraised fair market value of the right -of -way to be vacated, in the amount of Seven Thousand Seven Hundred and No /100 Dollars ($7,700.00); and WHEREAS, the property owners, Kitts Corner, LLC, have submitted easements to the City for all utilities crossing the area to be vacated for recording; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, Ordinance No. 15- Page 1 of 6 Rev 1115 17 WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of the right -of -way of South 336th Street, located on the south side of South 336th Street, west of 13th Avenue South, and adjacent to Lot 1 BLA 20140915900025 in Federal Way, Washington, as described in Exhibit "A" (legal description) and so depicted on Exhibit "B" (exhibit map) and Exhibit "C" (vicinity map) attached hereto, is hereby vacated. The property lying in the portion of the right -of -way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with state law. Section 2. Recordation. Upon passage, approval, and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Immediately following the recording of the deed, all easements required as a condition of the vacation will be recorded for those utilities crossing the vacated areas. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. 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_ Ordinance No. 15- 18 Page 2 of 6 Rev 1115 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2015. ATTEST: CITY OF FEDERAL WAY MAYOR, JIM FERRELL CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- Page 3 of 6 Rev 1115 19 Federal Way Village, LLC Job No. 1122 - 006 -006 September 10, 2014 Exhibit A pg. 2 EXHIBIT A LEGAL DESCRIPTION FOR RIGHT OF WAY AREA TO BE VACATED That portion of the northeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East W.M., records of City of Federal Way, King County, Washington, lying westerly of primary state Highway No.1 (US 99); also being a portion of the land described in the Right of Way dedication recorded in under King County Recorder's No, 20110727000010, more particularly described as follows: COMMENCING at the northeast corner of said Section 20; THENCE along the north line of said section 20, N 88'45'01"W, 1350,68 feet; THENCE S 01 °14'59" W 52.00 feet to a point of curvature on the southerly margin of South 3361h Street and the TRUE POINT OF BEGINNING; THENCE southerly, 33.56 feet along said margin and the arc of a non - tangent curve to the right, having a radius of 22.00 feet, the radius point of which bears S 01'15,02" W, through a central angle of 87 °23'51'; THENCE S 88 °45'01 " E, 60.05 feet to a point of curvature; THENCE northerly, 33.56 feet along the arc of a non - tangent curve to the right, having a radius of 22.00 feet, the radius point of which bears S 86 °08'52" E, through a central angle of 87'23'51' to the southerly margin of South 336`h Street; THENCE along said southerly margin, N 88 °45'01 " W, 104.00 feet to the TRUE POINT OF BEGINNING; Containing 1,468 square feet, more or less. Written by: S.F. Checked by: Z.L. Ordinance No. 15- Page 4 of 6 Rev 1115 EXHIBIT B TO ACCOMPANY' LEGAL DESCRIPTION FOR RIGHT OF WAY AREA TO BE VACATED A PORTION OF SECTION 20, T. 21 N., R. 4 E., W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON 1 AREA TO BE VACATED j Ii Y "� — - -- -- S 3316TH ST — i 1 I POINT OF COMMENCEMENT ppi I TRUE POINT I � 1 OF BEGINNING lr PARCEL ' PROPOSED LOT LINE PER FUTURE BLA LOT 4 _ PAF?C1 L D `1 LOTr5`, (BLA) LOT 1 (BLA) (BLA) EXISTING LOT LINE- \ PARCEL C 1 I LOT 3 (BLA) O Z } Q 2 �I \ESM —JOBS \1122 \006 \006 \EXHIBITS \SR -08DWG ®CONSULTING ENGINEERS _ LLG SCALE: 1" =250' 33400 8TH AVE S I ® I * I Suite 205 JOB NO. 1122-006-006 Federal Way, WA 96003 rFEDmk w'wy ( ) 19B om DRAWING NAME : SR -08 `pj www,esmcivil,com DATE : 2014 -09 -10 DRAWN RFG Ordinance No. 15- 21 Page S of 6 Rev 1115 City f EXHIBIT C � y S 336th Street Vicinty Map N Federal Way Right of Way Vacation i U) C L) -- Q ! U) 1' 1 -5 , Nbj IOU 1 _ I - J 4 S 336TH ST i Ordinance No. This map is intended for use as a graphical representation. Page -- of - -- The City of Federal Way makes no warranty as to its accuracy. I 22 COUNCIL MEETING DATE: April 21, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 20`h Avenue S Street Name Change POLICY QUESTION: Should the Council authorize staff to proceed with renaming 20th Avenue S? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez P.E., City raffic Engineer DEPT: Public Works ............ ............� ............. ............................... ..... _ ...................... .................._..... ........ ............ :......._._ Attachments: Land Use and Transportation Committee memorandum dated April 6, 2015. Options Considered: 1) Authorize staff to proceed with renaming 20'x' Avenue S between S 312t1i Street to S 320ti' Street to Pete von Reichbauer Way S; 2) Do not authorize staff to proceed with the renaming and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Apri 21, 2015 City Council Consent Agenda for apprgugl. . LJ- MAYOR APPROVAL: CHIEF OF STAFF: ,DIRECTOR APPROV COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2015 City Council consent agenda for approval. Bob Celski, Chair Kel , Member Assefa - Dawson, Member PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with renaming 20rh Avenue S between S 312'h Street and S 320`h Street to Pete von Reichbauer Way S." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 23 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer " V SUBJECT: 20" Avenue South Street Name Change. BACKGROUND The Mayor has requested that the street name of 201h Avenue S between S 320th Street and S 312th Street be changed to Pete von Reichbauer Way S. The purpose of the name change is to honor King County Councilmember Pete von Reichbauer for his many contributions to the City of Federal Way which he has represented for more than four decades as a State Senator and King County Councilmember. The timing of the naming will complement the celebration of the 25th anniversary of the incorporation of the City of Federal Way. The Mayor is requesting approval of the street name change to Pete von Reichbauer Way South and approval to purchase and install new street signs. A total of 8 signs will be installed to replace the existing signs on 20th Avenue South between S 320th Street and S 312th Street. Kinf County will fabricate and install the signs by June 15, 2015 in order to be in place for the City's 25t' Anniversary celebration on June 18`h - 21St, 2015. Estimated cost to fabricate and install these signs is $4000. t i 1 Cc: Day File 24 COUNCIL MEETING DATE: April 21, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Proposed code amendment related to the regulation of adult family homes under FWRC 19.105.080. POLICY QUESTION: Should the City Council adopt and enact the proposed ordinance amending FWRC 19.105.080 to reconcile apparent conflicts between the FWRC and state law? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6, 2015 CATEGORY: Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Mark Orthmann,_Assistant City Attorney Attachments: Proposed Ordinance. DEPT: CD/Law Background: RCW 35A.63.240 prohibits cities from enacting regulations that treat residential structures occupied by persons with handicaps differently than other similar residential structures occupied by families or other unrelated individuals. FWRC 19.105.080 appears to conflict with that statute by imposing regulations on adult family homes in excess of those imposed on similar residential structures. The proposed amendment will remove the conflicting language and align the FWRC with state law. Options Considered: (1) Approve the proposed ordinance and forward to City Council for First Reading; or (2) Decline to adopt the ordinance as proposed and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends option number one to approve and forward the proposed ordinance to the 21, 2015 City Caul Meeting for First Reading. MAYOR APPROVAL: DIRECTOR APPROVAL: Co rites counci ZJV I Initi&D to rr� Initial/Date v InitiaMate CHIEF OF STAFF: , f A r 1- cam ec Counc' Initiomate InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on April 21, 2015. Bob Celski, Cliair Kelly Maloney, Member Lydia Assefa - Dawson, Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (APRIL 21): "I move to forward approval of the ordinance to the May 5, 2015 Council Meetingfor enactment. " 2ND READING OF ORDINANCE (MAY 5): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 25 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the regulation of Adult Family Homes; amending FWRC 19.105.080 (Amending Ordinance No. 09 -605). WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ( "FWRC "), "Zoning and Development Code," in order to conform to state and federal law, codify current practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, RCW 35.63.220 states that cities may not enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice that treats a residential structure occupied by persons with handicaps differently than a similar structure occupied by a family or other unrelated individuals; and WHEREAS, "handicaps" are as defined in the Fair Housing Amendments Act of 1988, 42 U.S.C. 3602; and WHEREAS, portions of FWRC 19.105.080(1), (4), (7), and (8) appear to conflict with RCW 35.63.220; and WHEREAS, it is in the public interest for the City Council to adopt amendments to FWRC 19.105.080, which regulates adult family homes; and Ordinance No. 15- 3'. Page 1 of 6 Rev 1115 WHEREAS, the proposed FWRC text amendments bear a substantial relationship to the public health, safety, and general welfare because it brings the FWRC into compliance with statutory requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601 -19; and WHEREAS, the portions of FWRC 19.105.080 that appear to conflict with RCW 35.63.220 have never been enforced by the. City and the proposed FWRC text amendment codifies the City's current practices regarding the regulation of adult family homes; and WHEREAS, the proposed FWRC text amendments result in no substantive changes respecting use or modification of the environment and are therefore categorically exempt from compliance with the State Environmental Protection Act pursuant to FWRC 14.15.020 and WAC 197 -11- 800(19); and WHEREAS, the Planning Commission conducted a public hearing on these code amendments on March 4, 2015, and forwarded a recommendation to the Land Use and Transportation Committee of the Federal Way City Council; and WHEREAS, the Land Use and Transportation Committee considered these code amendments on April 6, 2015, and recommended adoption of the text amendments as recommended by staff and the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. Ordinance No. 15- 27 Page 2 of 6 Rev 1115 (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by bringing the City's code regulating adult family homes into compliance with state law. RCW. (b) These code amendments comply with the Growth Management Act, Chapter 36.70A (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan by ensuring that the FWRC complies with state and federal law. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it because it brings the FWRC into compliance with statutory requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601 -19. Ordinance No. I5- Page 3 of 6 Rev 1115 Phi (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it removes apparent conflicts with RCW 35.63.220. Section 3. FWRC 19.105.080 is hereby amended to read as follows: 19.105.080 Adult family homes. Adult family homes are residential uses that are permitted in any zoning district where residential uses are permitted; provided, that they meet all of the following criteria: (1) The use m„ct he operated as part of a nrinoinnl residential use M(24-The use must be licensed by the state, if required. 1{3) All city licensing, zoning, building, housing, and fire regulations applicableto the underlying type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.) must be met. L31(4) -Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district of the subject property except if the structure is legally nonconforming. If the lat a StFUGtUFe is legally nGRGGRfGFFnin9, the adult family home may be appFeved thmugh PFOGess 114 revie.r (4)(5) No more than two persons who are not residents of the dwelling unit may be employed or work in the adult family home at ary one time. (5)(6) One off - street parking space must be provided for each nonresidentemployee or worker in addition to the spaces required by the zoning district for the residential use. (7) No exteFiOF alterations aFe allowed to aGGernrnodate the adult fanily home, inGluding signage (8) Only these inF or alterations stemnnr to resid tial use shall he m'+rle rrvvc�rrceFlvr- ccrceF�ti9rrrC�i�vmaryzv- rcvrcre�l Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or Ordinance No. 15- 29 Page 4 of 6 Rev 1/15 its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or, portions be declared invalid or unconstitutional. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY MAYOR, JIM FERRELL CITY CLERK, STEPHANIE COURTNEY, CMC Ordinance No. 15- 30 Page 5 of 6 Rev 1115 APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- 31 Page 6 of 6 Rev 1115 This page left blank intentionally. 32 COUNCIL MEETING DATE: April 21, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CHRISTIAN FAITH CENTER FRANCHISE EXTENSION ITEM #: POLICY QUESTION: Should Council pass the proposed ordinance extending the term for the current franchise With the Christian Faith Center for an additional 10 years? COMMITTEE: LUTC MEETING DATE: April 6, 2015 CATEGORY: ❑ Consent M Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan Call Attachments: The proposed ordinance is attached. DEPT: Law Options Considered: 1) Pass the ordinance as drafted and extend the term of the franchise agreement for another 10 years. MAYOR'S 2) Decline to extend the franchise term and provide guidance to staff. Option #1 MAYOR APPROVAL: „3 -- 3 DIRECTOR APPROVAL: + s- conhuittet I U n nitaallDate Initial/Date ittctllpate CHIEF OF STAFF: '" a Com tc Co c' Initial/Da [nil' l/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on April 21, 2015. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (APRIL 21): `1 move to forward approval of the ordinance to the May 5, 2015 Council Meeting for enactment. " 2ND READING OF ORDINANCE (MAY 5): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2015 RESOLUTION # 33 CITY OF FEDERAL WAY MEMORANDUM DATE: March 26, 2015 TO: City Council Members VIA: Mayor Jim Ferrell FROM: Ryan Call, Assistant City Attorney SUBJECT: Christian Faith Center Franchise Renewal Backuround Information: The Christian Faith Center (CFC) currently has a franchise agreement authorizing a trench for utility conduits under 20t' Avenue South. The original franchise took effect June 16, 2005 and was for a 10 -year term with an option to extend for another 10 years at the request of either party. As the utility trench persists, and is likely to remain for the foreseeable future, a franchise agreement is required to authorize the CFC to continue to use the public right-of- way- The proposed ordinance will implement the extension clause of the original franchise and grant the CFC use of the right -of -way for an additional 10 years. 34 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE 05 -489 AND GRANTING CHRISTIAN FAITH CENTER NONEXCLUSIVE RIGHTS TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WITHIN THE SPECIFIED FRANCHISE AREA FOR PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING OPERATING AND REMOVING CABLE, VOICE, DATA, MECHANICAL AND FIRE ALARM CONDUITS WITHIN AND THROUGH CERTAIN RIGHTS -OF -WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY; (AMENDING ORDINANCE NO. 05-489). WHEREAS, Christian Faith Center has previously requested a franchise from the City of Federal Way in order to construct, operate and maintain cable, voice, data and mechanical conduits within certain rights -of -way as depicted in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City Council of Federal Way previously found that it is in the public interest to grant such a franchise and did grant a franchise that specifies the rights and duties of Christian Faith Center through a franchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for things such as conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer and other private and publicly owned and operated facilities; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; and Ordinance No. 15- 35 Page I of 5 Rev 1115 LU WHEREAS, Section 4 of the franchise established in Ordinance 05 -489 allows the parties to extend the term of the original i 0 -year franchise for an additional term of 10 years, and the Christian Faith Center has expressed a desire to do so; and WHEREAS, the City Council of Federal Way finds that it is in the .public interest to extend this franchise for an additional 10 year term; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The term of the franchise established in Ordinance 05 -489 and attached as Exhibit A is extended for an additional ten (10) years commencing on the effective date of this ordinance. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. Ordinance No. 15- 36 Page 2 of 5 Rev 1115 LU PASSED by the City Council of the City of Federal Way this day of N( ATTEST: CITY OF FEDERAL, WAY MAYOR, JIM FERRELL CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- 37 Page 3 of S Rev 1115 LU ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of 2015. CHRISTIAN FAITH CENTER TITLE: Ordinance No. 15- 38 Page 4 of 5 Rev 1115 LU Ordinance No. 15- EXHIBIT A 39 Page 5 of 5 Rev 1115 LU ORDINANCE NO. 05-489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CHRISTIAN FAITH CENTER A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA TO CONSTRUCT, MAINTAIN, REPAIR, OPERATE, AND REMOVE CABLE, VOICE, DATA, MECHANICAL, SPRINKLER AND FIRE ALARM CONDUITS WITHIN AND THROUGH CERTAIN RIGHTS OF WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY. WHEREAS, Christian Faith Center has requested a franchise from the City of Federal Way, in order to construct, operate and maintain cable, voice, date, and mechanical conduits through certain public rights -of -way, including 20 'h Avenue South; and WHEREAS, 20h Avenue South has not yet been constructed but will be constructed by Christian Faith Center and will be dedicated to the City of Federal Way and the requirements of this franchise agreement will take effect upon dedication of 201h Avenue South to the City of Federal Way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Christian Faith Center; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; ORD #05 -489, PAGE 1 40 ORIGINAL NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means Franchisee's equipment to be located within the public right -of- way. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means only that portion of the 2dr" Avenue South rights -of -way located in the City of Federal Way and shown in Exhibit A.l, Exhibit A.2 and Exhibit A.3 attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee" means Christian Faith Center, a Washington non - profit corporation, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 24 herein. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing ORD #05-489, PAGE 2 41 Facilities within the Franchise Area. This franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other third -party telecommunications providers, and Franchisee covenants and agrees that it will not do so. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non - Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City -owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. At anytime not more than two (2) years nor less than one - hundred - eighty (180) days before the expiration of the Franchise term either party may request a renewal of the Franchise for an additional ten (10) year renewal period. Section 5. Location of Facilities 5.1 Location. The Facilities permitted by this Franchise shall be installed underground. ORD #0.5 -489, PAGE 3 42 The location of the Facilities, including.the underground Facilities and appurtenances, their depths below surface of ground or grade of a right -of -way, and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. Upon written request of the City, Franchisee shall update such trap to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ( "GIS ") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. Section 6- Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and City Code requirements, franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. ORD #.05 -489, PAGE 4 43 Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights -of -way permits), andpay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights -of -way or property lines upon prints drawn to scale, designate rights -of -way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like -new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right -of -way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger property, or the life, health or safety of any individual, ORD #05 -489, PAGE 5 44 Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (l) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100) without immediately baekfilling and compacting to surface grade and city standards. BackfilIed trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right -of -way, but not within a driving lane, must also be patched within the time limits specified by the City on the right -of -way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed within the Franchise Area during the five (5) year -period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director. Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as- built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments ORD #05 -489, PAGE 6 45 disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings /Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other lies shall be filed with the City. Section 11. Right of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. if the City causes such work to be done by its own employees or by any person or entity other than. Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the ORD #05 -489, PACE 7 46 City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Required Relocation of Facilities 12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 City's Duties. An the event the City undertakes any work, including necessary maintenance within a right -of -way in which Franchisee's facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice of the required relocation to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work. Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on ORD #05 -489, PACE 8 47 behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole discretion of the City. 12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City, to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right -of -way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right-of-way. 12.4 The provisions of this Section shall in no manner preclude or restrict the Franchisee from making any arrangements it may deem appropriate when responding to a request forrelocation of its Facilities by any person or entity other than the City, where the Facilities to be constructed by said person or entity are not or will not become City - owned, operated or maintained Facilities; provided that such arrangements do not unreasonably delay a City improvement project. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of- way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of- ORD #05 -489, PAGE 9 48 way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right -of -way or an improvement as required in this section, the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 15. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City ORD #05 -489, PAGE 10 49 w i I I not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall noti ly I -ranchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area, The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 1$. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. 18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right -of -way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 20. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection ORD #05 -489, PAGE. 11 50 or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code. Section 21. Indemnill'ication Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers 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 Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. ORD #05 -489, PAGE 12 51 Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage. 22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance polities shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self- insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance: ORD #05 -489, PAGE 13 52 22.3 Verification of Coverage_ Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the Cityprior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. Section 23. Bond Franchisee shall post a bond before commencing any work within the City to guarantee performance of construction, maintenance or repair in accordance with any permits required by this Franchise. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22 -146 and 22 -175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required, the City may perform the work as provided herein, and may have recourse to the bond in addition to or in lieu of the remedies provided herein, at the City's sole discretion. Sectiod 24. General Provisions 24.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise maybe amended or added to except by agreement in writing signed by both of the Parties. 24.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions ORD #05 -489, PAGE 14 53 of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written consent, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 24.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 24.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: ORD #05 -489, PAGE 15 54 Franchisee: Christian .Faith Center Attn: Ellen Kenison PO Box 98600 Seattle, WA 98198 City: City of Federal Way Attn: City Attorney 33325 81h Avenue South P.O. Box 9718 Federal Way, WA 98063 Any notices maybe delivered personally to the addressee of the notice or maybe deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 25. Severability If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 27. Effective Date This ordinance shall take effect and be in force 30 days from the time of its final passage, as ORD #05 -489, PAGE 16 55 provided by law, provided it has been duly accepted by Franchisee as herein provided.above. PASSED by the City Council of the City of Federal Way this 17th day of May , 20 05 . CITY OF FEDERAL WAY L,WA-YOR, DEO MCCOLGAN EST: CITIr CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK.: 4/27/2005 PASSED BY THE CITY COUNCIL: 5/17/2005 PUBLISHED: 5/21/2005 EFFECTIVE DATE: 6/16/2005 ORDINANCE NO.: 05 -489 ACCEPTANCE: ORD # 05-489 , PAGE 17 6V ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of �, 2005. CHRISTIAN FAITH CENTER By: Casey Treat Its: President XACKVranchiseTranchise Fedrac 4.26.05 ORD #05 -489, PAGE 18 57 O � x p O�� r ZD—Dj m C) o�r C ul O v F M > c:7 =j z 0 0 z ai -taa rlc apel: K NM BY. LM Hdwr.arvl - OPMEMf HE%%W..(MH4 -M. - Abbey Road Group LLC BY.wN Land Development Company ro�r;.le. obey ad V 923 SHAW ROAD. SUITE A 20x4L�L1 PVYAI..l1lP, Nl� 9&72 P 4 fiW207,P,iyJIMq),1WA J83/1 AI (2531 S;1', A11!0. 1, 1 ix 1141r, 31'.11 58 U) c� z 0 0 0 -n a rn m 0 m z a x a c-� 0 0 c --1 m= j to p D Z Z X M m mZ �M x � v i^ a n 1� Christian Faith Center ,P Christian Faith Center Conduit Plan View Exhibit A.1 Po flux 217 Pityabi ,, WA 9031 l i (IOW J1 WaY. VIA 0r-0 O p J • onzn omo� n �r=mC C -) b C :5E U) E z n r- rm m M W 2 P w to J in D Z.V Z �zD G_ M 0 AM Z �M C] --• �l Ir rum H N O nT•fo, fl—MbbeeyRojaidd �rno� r 31FL 6V:C� �orWrr Abbey Road Group LLC � FGondu Land Development Company Christian Faith Center an Faith Center 21% it itan View szas►�AwROno,surreA xhibitA2 +a PUYALLUP. W A 98:172 p. O Box 207, Purallup. WA 98371 P•o. Box 1D7 rwz P253Si353d99. Fae f2a�314d93f59 PW&kw.WAS07$ deeal vtev. wh 59 U T Z X In P zN f�Tl 0 G X rn D r�A CEO 9Y:Gi H- I Am%200s n.� r, '2W KAAY rnvFRer_P rn MU o C W rn N a D � C-) G rn DA D Z� az v� z to x rq v a v s*+ P 17 P C� 2 d� z 1n SQ s N O rn n m 3: C) ;Q �2 cl) Z O N C � m z � o �7 r Zmn �m m �m X Abbey Roast Group LLC FOR ^^e Land Development Company Christian Faith Center Christian Faith Center Conduit Section View 923 SHAW ROAD, sufTE A Exhibit A.3 PUYALLUP, WA98372 P_ Q. Box 207, Piro WLV, WA 98371 P.o_ Box 2W [2531435.MIJ9. Fax [2531448 -3159 PUyWUp. WA 9W71 K wa wa COUNCIL MEETING DATE: April 21, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: ORDINANCE: TWIN LAKES GOLF AND COUNTRY CLUB FRANCHISE EXTENSION POLICY QUESTION: Should Council pass the proposed ordinance extending the term for the current franchise with the Twin Lakes Golf and Country Club for an additional 10 years? COMMITTEE: LUTC MEETING DATE: April 6, 2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan Call DEPT: Law Attachments: The proposed ordinance is attached. Options Considered: 1) Pass the ordinance as drafted and extend the term of the franchise agreement for another 10 years. 2) Decline to extend the franchise term and provide guidance to staff. MAYOR'S RECOMMENDATION: Option #1 J MAYOR APPROVAL: -� 'DIRECTOR APPROVAL: f 0 Carstnti ee ortncii Initia[IlJatc Initial/Date II�'itia CHIEF OF STAFF: Ctim ' t OW49 Iniii t It '' Date COMMITTEE RECOMMENDATION: )'move to forward the proposed ordinance to First Reading on April 21, 2015. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (APRIL 21): "1 move to forward approval of the ordinance to the May 5, 2015 Council Meeting for enactment. " 2ND READING OF ORDINANCE (MAY 5): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # __ ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2015 61 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 26, 2015 TO: City Council Members VIA: Mayor Jim Ferrell FROM: Ryan Call, Assistant City Attorney SUBJECT: Twin Lakes Golf and Country Club Franchise Renewal Backizround Information: Twin Lakes Golf and Country Club currently has a street franchise agreement authorizing use of the public right -of -way for the maintenance and use of an irrigation system needed for the golf course. The original franchise took effect January 9, 2005 and was for a 10 -year term with an option to extend for another 10 years at the request of either party. As the irrigation system persists, and is likely to remain for the foreseeable future, a franchise agreement is required to authorize the Twin Lakes Golf and Country Club to continue to use the public right -of -way. The proposed ordinance will implement the extension clause of the original franchise and grant the Twin Lakes Golf and Country Club use of the right -of -way for an additional 10 years. 62 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE 05 -512 AND GRANTING TWIN LAKES GOLF AND COUNTRY CLUB NONEXCLUSIVE RIGHTS TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WITHIN THE SPECIFIED FRANCHISE AREA, FOR PURPOSES OF MAINTAINING, REPAIRING AND OPERATING AN IRRIGATION SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY; (AMENDING ORDINANCE NO. 05-512). WHEREAS, Twin Lakes Golf and Country Club has previously requested a franchise from the City of Federal Way in order to operate, maintain, and repair an irrigation system within certain rights -of -way as depicted in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City Council of Federal Way previously found that it is in the public interest to grant such a franchise and did grant a franchise that specifies the rights and duties of Twin Lakes Golf and Country Club through a franchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for things such as poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer and other private and publicly owned and operated facilities; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; and WHEREAS, Section 4 of the franchise established in Ordinance 05 -512 allows the parties to extend the term of the original 10 -year franchise for an additional term of 10 years, and the Twin Lakes Golf and Country Club has expressed a desire to do so; and Ordinance No. 15- 63 Page I of 5 Rev 1115 LU WHEREAS, the City Council of Federal Way finds that it is in the public interest to extend this franchise for an additional 10 year term; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The term of the franchise established in Ordinance 05 -512 and attached as Exhibit A is extended for an additional ten (10) years commencing on the effective date of this ordinance. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. Ordinance No. 15- 64 Page 2 of 5 Rev 1115 LU PASSED by the City Council of the City of Federal 'Way this m _ _ _,,. . day of 20 ATTEST: CITY OF FEDERAL WAY MAYOR, JIM FERRELL CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15- 65 Page 3 of 5 Rev 1/15 LU ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of _ , 2015. TWIN LAKES GOLF AND COUNTRY CLUB INIM INIMS Ordinance No. 15- 66 Page 4 of 5 Rev 1115 LU Ordinance No. 15- EXHIBIT A 67 Page 5 of 5 Rev 1115 LU ORDINANCE NO_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING TWIN LAKES GOLF .AND COUNTRY CLUB, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS- OF-WAY OF THE CI'T'Y OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR, THE PURPOSES OF MAINTAINING, REPAIRING AND OPERATING AN IRRIGATION SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Twin Lakes Golf and Country Club has requested a franchise from the City of Federal Way, in order to operate, maintain, and repair an irrigation system within certain rights -of -way as depicted in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Twin Lake&Golfand Country Club through a franchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter aiia for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer and other private and publicly owned and operated facilities; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL, OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD # t ,PAGE 1 0.69 Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director,.or designee, of the City ofFedetai Way Public Works Department. 1.4 "Facilities ";means Franchisee's pipes and equipment, to be located within the public right -of- -way. 1.5 . "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means rights -of - -way located in the City of Federal Way and shown in'Exhibit A attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. The Franchisee shall place Facilities on the rights -of -way in the Franchise Area only and not on any other public property, owned in whole or in part, leased, or otherwise occupied by the City. 1.7 "Franchisee" means Twin Lakes Golf and Country Club, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 25 herein. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This franchise is ORD PAGE 2 C -4 specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. 2.2 AcceVtance by Franchisee. Franchisee shall have no rights under. this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within thirty (30) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. - Non- Franchise Area City Property This Franchise, does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City -owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated. earlier pursuant to this Franchise or other applicable law. This Franchise may be renewed for one additional ten (10) year period upon written request of Franchisee, not more than two (2) years or less than one hundred eighty (180) days prior to the expiration of the initial term. Section 5. Location of Facilities 5.1 Location. The Facilities permitted by this Franchise shall be installed underground. The location. of the Facilities, including -the underground Facilities and ORD # 2 ., PAGE 3 C-9 appurtenances, their depths below surface of ground or grade of a right -of - -way, and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the facilities- Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereol) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be, construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At, such time as Franchisee develops or employs Geographic Information System ( "GIS ") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of'its Facilities within the Franchise Area. 5.3 Desim Markings. In the event the City desires to design new streets or intersections, renovate existing streets, ormake anyotherpublic improvements, Franchisee shall at the City's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.4 Utilities. Nothing herein is intended to relieve the parties of their respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location of utility facilities prior to construction. Section 6. Nouin.terference of Facilities Franchisee agrees to maintain its Facilities, perform any and all activities, and exercise ORD # 2L , PAGE 4 CA any and.all rights authorized by this Franchise. (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and City ordinances, requirements, franchise provisions, regulations, resolutions, rules, and policies as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement. to Obtain Permits 7.1 Permits and. Permit Applications.. Franchisee shall, at its expense, obtain all permits, including rights -of -way permits, and pay all perm-it fees required by applicable City ordinances, regulations, resolutions, rules and policies prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights -of -way or property lines upon prints drawn to scale, designate rights- of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to he occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like -new condition for its type and kind_ The manner of excavation, construction, installation, backfill, and temporary structures such as; but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in ORD # OS -2!5 J0 , PAGE 5 C -I� accordance with the right-6f-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as-to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. 7.3 Routine Maintenance. Franchisee shall have the right to conduct routine maintenance to repair, modify, supplement, replace or upgrade the Franchisee's Facilities, provided that the Franchisee shall obtain any necessary right of way use permit and any other permits or authorizations required by all applicable federal, state, and local laws, rules and regulations prior to the performance of any said routine maintenance. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100) without immediately backfilling and compacting to surface grade and city standards: Backfi fled trench areas within a driving lane must be patched, either temporarilyor permanently, before the end of the work day in which they have been opened. Trench areas within the right -of -way, but not within a driving lane, must also be patched within the time limits specified by the City on ORD # 5 /o? PAGE 5 c t the right -of- -way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance_ Any asphalt overlay completed within. the Francluse Area during the five (5) year -period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7,2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an .emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director_ Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as- built" location of the Facilities. Section 9_ Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface_MarkigggStakes Prior to Franchisee commencing any excavation work within the Franchise Area that disturbs any monument or marker, Franchisee shall, using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the. Franchisee's operations under this Franchise. The method of referencing these monuments or other points ORD # PAGE 7 C- 9 74 shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost ofmonwnents or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee_ A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Right of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations, standards or policies or with any of the terms of this Franchise, and'such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees_ Section 12. Required Relocation of Facilities 12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise, The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of ORD # _ ; PAGE 8 MMi any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other,pedestrian amenities, and other public street improvement projects. This, Franchise is not an exclusive and Franchise shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 City s Duties. In the event the City undertakes any work, including necessary maintenance within a right -of -way in which Franchisee's facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice of the required relocation to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work. Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on behalfof, the City in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole discretion.of the City. 12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under Subsection 12.2(x) requiring relocation and receipt of the plans and specifications pursuant to Subsection 112(b), Franchisee shall raise, lower, or move such Facilities within the Franchise ORD # Q = �o'z , PAGE 9 C- ft Area at its sole cost and expense to the location or position directed by the City, to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right -of -way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right -of -way. 12.4 Other Relocation. Whenever any person or entity, other than the City, requires the relocation of Franchisee's Facilities to accommodate. the work of such person or entity within the Franchise Area; or, whenever the City requires any person or entity undertaking any work (other than work undertaken at the City's cost and expense or on the City' s behalf as described below) within the Franchise Area to undertake any street improvement project in or Y use of the ' Franchise Area as authorized under 'Subsection 12, and such work, street improvement project or other use necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, then Franchisee shall have the right as a condition of any such relocation to require such person or entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee, for any,and all costs and expenses incurred by Franchisee in the relocation of Franchisee's Facilities_ Any condition or requirement imposed by the City upon any person or entity (including, without limitation, any condition or requirement imposed pursuant io any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which necessitates the relocation of Franchisee's Facilities within the Franchise Area shall be a required relocation for purposes of this Subsection 12.4; provided, however, (a) in the event the ORD # , PAGE 10 C- IN City reasonably determines (and promptly notifies Franchisee in writing of such determination) that the primary purpose of imposing such condition or requirenrent upon such person or entity is to cause the construction of an electrical, water, sewer or storm drainage line, a public street improvement (including without limitation the construction or installation of any traffic signals, streetlights, trees., landscaping, bicycle paths and lanes, equestrian trails, sidewalks, or other pedestrian amenities), on the City's behalf, and (b) such public street improvement is otherwise reflected in the current "capital facilities" element of the City's comprehensive plan or other similar City Council - approved improvement plans, then only those costs and expenses incurred by Franchisee in integrating and connecting such relocated Facilities mith Franchisee's other Facilities shall be paid to Franchisee by such person or entity, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise Area in accordance with the provisions of Subsection 12.3. , Section 13. DaTaffe Repair Tn case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights- of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of -way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not ORLI # QS� /per , PAGE 11 Cz8f3 repair a right -of -way or an improvement as required in this section, the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14-1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 14.2 Revocation-of franchise. If Franchisee is not.in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 15. Nonexclusive Franchise This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this Franchise; this Franchise shall not in any manner prohibit the City from granting other and further franchises in, under, over, upon, and along the Franchise Area. This Franchise shall not prohibit or prevent the City from using the Franchise Area for any reason not inconsistent with this Franchise or affect the jurisdiction o f the City over the Franchise Area or any part thereof. The City reserves the right to use, occupy and enjoy the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise, including without limitation, the construction of any electrical, water, sewer or storm drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. ORD # e!!�5- ✓1a , RAGE 12 e -4 Section 16. Limited [teens This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of .any ownership interest in or to the Franchise Area to Franchisee. Section 17. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof, In determining the value of such Facilities, no value shall be attributed to the right to occupy -the Area conferred by this Franchise. Section 18. Vacation J • .If at any time the City, by ordinance, vacates all or any portion of the Franchise ,Area, the City will not be liable for. any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 19. Compliance with haws 19.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of ORD # 0::Q� , PAGE 13 C- 16 any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. 19.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right -of -way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 20. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 21. Char .e for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code. Section 22. Indemnification Franchisee agrees to indenuiify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers 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, CRD - C/ , PAGE 14 0 8 lt( arising from; resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section , the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to .defend any such claim, demand, suit or action shall be subject to the City's approval, which shall ,not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld_ The City shall have the right at all times. to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event" it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the Cityto the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Section 23. Insurance 23.1 . Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of ORD # 0 -X10 , PAGE IS C -817 liability not less than $1,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and (c) Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. 23.2 Mandatory insurance Provisions. The comprehensive general liability insurance and automobile liability ;insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with - respect to the limits of the insurer's liability; Coverage shall not be suspended, canceled, modified or reduced except after thirty'(30) days prior written notice to the City delivered by certified mail, return receipt requested; and Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 23.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance'and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the ORD ff PAGE 16 e83t& commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. Section 24. Bond The Franchisee shall post a bond or assignment of funds in lieu of bond in the form attached as Exhibit B or C in the amount of $20,000 to guarantee performance, maintenance or repair in accordance with any provisions of this fi- anchise. Additionally, before commencing any additional construction, improvement or work within'the City, the Franchisee shall post a bond or assignment of funds in lieu of bond in the form attached as Exhibit B or C in an amount determined by the City to guarantee performance, maintenance or repair in accordance with any permits required and with any provisions of this franchise: Procedures for submission and release of the bond or assignment of funds in lieu of bond shall be as provided in FWCC ri Sections 22 -146 and 22 -175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required, the City may perform the work as provided herein, and may have recourse to the bond or assignment of funds in lieu of bond in addition to or in lieu of the remedies provided herein, at the City's sole discretion. Franchisee shall be entitled to return of the bond or assignment of funds, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Section 25. General Provisions 25.1 Entire Agreement_ This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or. ORD # 0.5 516;z- PACE 17 0-8419 understandings pertaining to any such matters shall be effective for any purpose. 25.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 25.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. Any assignee shall, within - thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written consent, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 25.4._ Attorney Fees_ In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 25.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such-breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 25.6 Governing Law. This Franchise shall be made in and shalt be governed by and ORD #_O %_ PAGE 18 interpreted in accordance with the laws of the State of Washington. 25.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 25.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: Tk1nL k0s— GD]f--&,Count}y Club ATT'Genexa] Mana er ; 3583 SW 320th St. Federal Way, WA 98023 City. City of Federal Way Attn: City Attorney 33325 8d' Avenue South P.O. Box 9718 Federal Way, WA 98063 -9718 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address'set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 25.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 25.10 Remedies Cumulative. Any remedies provided for under the terns of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 26. Severability If any section, sentence, clause, or phrase of this Franchise should be held to be invalid ORD # 0. -!9 /,7 , PAGE 19 C -B rl 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 Franchise. Section 27. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 28. Effective Date This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this . day of _L.e..p,4--xg� _, 2�� CITY OF FEDERAL WAY MA R, DEAN M O AN ATTE T; *..0 E R&K APPROVED AS TO FORM: CITY ATTORNEY; PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: ///1,5 PASSED BY THE CITY COUNCIL: PUBLISHED: ,% D EFFECTIVE DATE: / pK- ORDINANCE NO.: 05 S /�-- ACCEPTANCE: ORD It 195-',.5-J,-2- , PAGE 20 C _8 7Z->- i ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the tertns, conditions and obligations contained therein. DATED this '0 ryday of � �" �f' , 2005. KATwin Lakes FranchiseW.15.05 ORD #QS , PAGE 21 TWIN LAKES GOLF AND COUNTRY CLUB By: Its: e ,8 F.M3 EXHIBIT A LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA ORD # - r , PAGE 22 c$qi-'f' N w � Twin lakes Golf Course S 1 Street Franchise Area Map PMed-Oct10z005 Map made by krm Nate: 7NS map is Wended for use as a graphical repesentalion only. The City of Federal Way makes no warranty as to ks acci&wy. a 9 Q3S EXHIBIT B CITY OF FEDERAL WAY PERFORMANCE BOND FOR RIGHT OF WAY FRANCHISE AGREEMENT KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned ( "Principal ".) and _ the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ( "Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ( "City") in the penal sum of Dollars and NO 1100 for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally_ This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted.. The Principal has entered into an Agreement with the City dated to NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, 'or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from anydamage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within the period not less than: 1. the term of the Agreement; or 2. two (2) years beyond the completion of final installation or construction by the Principal pursuant to the Agreement if required by the City; whichever is longer, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. RD #- "-'1f PAGE 23 C.9 P-,�7 And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. Within forty -five (45) days of receiving notice that the Principal has defaulted on all or part. of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the Cites claim ofdefault, the Surety shall notifythe City ofits finding and its intent, if any, to interplead. The Surety shall'then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessarywork,.the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall fast complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M "). The Parties shall proportionately share in the cost of the mediation_ The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this day of , 20 —. CORPORATE SEAL OF PRINCIPAL: PRINCIPAL, ORD 9OS --� la , PAGE 24 BY: Its: e 9 (Name of Person Executing Bond) (Title) (Address) (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that _ _ , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation.by authority of its governing body. CORPORATE SEAL OF SURETY: Secretary or Assistant Secretary SURETY ....1 By. APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ORD # , PACE 25 c9�7 Attorney -in -Fact (Attach Power of Attorney) {Name of Person Executing Bond) (Address) (Phone) EXHIBIT C', Applicant: Account Amount: $ Project: Property Address: Cash Deposit Amount: $ CITY OF FEDERAL WAX ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS ASSIGNMENT ( "Assignment ") is dated effective this day of , 20 The parties ( "Parties ") to this Assignment are the City of Federal Way, a Washington municipal corporation ( "City") and the undersigned owner or applicant ( "Assignor "). A. - The Assignor is required to perform certain work and/or construct certain improvements including W __ at the above- referenced property address located in Federal Way, Washington ( "Property") in connection with Assignor's application for a Franchise; B. The improvements will be constructed or the work will be performed in accordance with the Franchise Agreement on file with the City of Federal Way ( "Franchise "); C. The City has determined that Assignor must post security with the City pursuant to the Franchise and Sections 22 -146 through 22 -1.59 of the Federal Way City Code ( "FWCC ") as now existing or hereafter adopted or amended, to guarantee Assignor's performance under the Franchise, of required maintenance or repair, and Assignor's performance of construction of certain work or improvements, as a condition of granting the Franchise. NOW, THEREFORE, the Parties agree as follows: 1. Amount of Account. a_ Pursuant to the Franchise and Section 22 -149 of the FWCC, Assignor shall post security in an amount equal to Twenty Thousand Dollars ($20,000) for the term of the franchise and any additional period identified in the franchise or herein. b. In the event additional construction, improvements, or work is performed under the Franchise, the City may seek additional security. In the event the City requires additional security, that portion of this Assignment which is in lieu of a performance bond, shall be equal to one hundred _and twenty percent (120 %) of the cost of the work or improvements and that portion of this Assignment which is in lieu of a maintenance bond, shall be equal to thirty percent (30 %) of the cost of the work or improvements_ 2. Assignment. Assignor does hereby assign, transfer and set over unto the City all right, title and interest in and to the sum of Dollars and .NO /100 $ ) on de' osit at the _ branch of ( "Bank "), under account No. - ( "Account "); -26- C 942V said Account being in the name of the City, as principal with full power and authority to demand, collect and receive the Account and to give receipt and acquittance for the Account. t 3. Improvements. Assignor shall perform all work, improvements and maintenance required pursuant to the Franchise, to the City's satisfaction. The maintenance obligation shall continue for two (2) years from the termination or expiration date of the Franchise, or such longer period as required by the FWCC or other applicable law, rule or regulation_ 4. Release. Assignor agrees that the Account will be released to the City, on demand, with no other conditions of release. This Assignment may be terminated with the.City's written consent, which consent shall not be granted until the City has determined that (i) all the improvements have been constructed and installed, all work and maintenance performed, and all obligations of the Franchise performed to its satisfaction, in full compliance with the Franchise, plans and all applicable local, state or federal law, and within the time period prescribed by the City, and (ii) As has performed all its obligations under this Assignment, The City may release this Assignment as follows- (a) Partial Release. Upon completion of the improvements in compliance with the foregoing provisions, the City will release all but thirty percent (30 %) of the cost of the work or improvements covered- by this Assignment, which amount is equal to Dollars and NO/ 100 ($ ), by executing and delivering the Partial Release of Assignment attached hereto as Exhibit 1' to Assignor. I (b) Full - Release. Two (2) years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions, the City will release the remaining portion of the Account, in the amount of Dollars and N01100 ($ ), by executing and -delivering the Full Release of Assignment attached hereto as Exhibit 2 to Assignor. 5. Right to Complete Work. The City may, but in no event is it obfigated to, perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Franchise_ Upon demand, Assignor agrees to pay the City an amount equal to all of the City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election. 6. Notice. The Public Works Department of the City shall be given forty-eight (48) hours notice prior to the commencement of any work. 7. Indemnification. Assignor agrees to indemnify 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 attorney fees) arising from, resulting, or connected with this Assignment, including without limitation, the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein_ 8. Remedies Cumulative. No remedy provided for by this Assignment shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City -27- C9`� at law, in equity or by statute. Assignor agrees that its liability under this Assignment is not limited to the amount of the Account. 9. General Provisions. This Assignment may not be amended except by written- agreement signed by the Parties. Any provision of this Assignment which is declared invalid shall not invalidate the remaining provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Assignment may not be assigned by either Party without the other Party's written consent. This Assignment shall be binding upon and inure to the benefit of the Parties' successors in interest. in the event of any dispute between the Parties regarding this Assignment, each Party shall pay its own attorney fees and costs_ Each person executing this Assignment represents that he or she is authorized to execute this Assignment on behalf of their respective entity. Time is of the essence. NAME OF APPLICANT By: - (Signature) (Name) Its: (Title) (Address) (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF KING . ) On this day personally appeared before me known to be the of to me the corporation that executed the foregoing Assignment of Funds in Lieu ofBond, 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 he/she was 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 .._ 20 (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires -28- C96r-,, APPROVED AS TO FORM CITY OF FEDERAL WAY Patricia A. Richardson, City Attorney ..J -29- 9. 3! BANK ACCEPTANCE The undersigned financial institution ( "Bank ") hereby accepts that certain Assignment of Funds in Lieu ` of Bond provided to the City of Federal Way, ( "City ") by ( "Assignor ") dated assignment to the City of all right, title and interest _ providing for Assignor's in and to the sum of Dollars and NO/ 100 ($ 1 on deposit at the branch, under account No: ( "Account "), payment of which shall be made upon demand by the City with noother conditions of release of the Account. The Bank agrees to hold the Account, without deduction or withdrawal, until it receives a written release of this Assignment from the City. The Bank acknowledges that it has no duty to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not interplead or in any manner delay payment of the Account to the City; upon its demand The Bank hereby agrees to bind itself, and its heirs, executors, administrators and assigns, jointly and severally. (BANK TITLE) i (Signature) (Name) - T Its: (Title) - (Address) (Phone) STATE OF WASHINGTON ) ) ss. [BANK NOTARY] COUNTY OF DING ) On this day personally appeared before me to me known to be the _ of the corporation that executed the within and 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 he/she was 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 hereto affixed this —` day of , 20—. (notary signature) (typed or printed name of notary) Notary Public in and for the State of Washington. My conunission expires 98 C _ 3z EXHIBIT 1 PARTIAL RELEASE OF ASSIGNMENT . The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of Bond ( "Assignment ") provided to the City of Federal Way ("City") by _ _ ( "Assignor") dated for _ (Project Name and Permit #) have,been satisfied and hereby authorizes the release ofan amount equal to Dollars and NO/ 100 ($ _ ) from . account number ( "Account ") - in Bank. The remaining funds equaling thirty percent (3(r) of the cost of the worts or improvements shall be held by the Bank in the Account pursuant to the terms of the Assignment for a period of two (2) years as security for Assignor's performance of all maintenance for the project described therein and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements- DATED this day of , 20_. CITY OF FEDERAL WAY By: David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063 -9718 C_9!93 EXHIBIT 2 FULL RELEASE OF ASSIGNMENT/LICENSE Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond ( "Assignment ") provided • to the City of Federal Way ( "City") by ( "Assignor "), dated for (Project Name and Permit #), the City hereby acknowledges that the two (2) year maintenance period has expired, that the obligations of the Franchise have been met, and work or improvements covered by the Assignment have been completed to the City's satisfaction and that the City -is not aware of any defect in workmanship or materials_ Accordingly, the undersigned hereby releases the sum of _.._ Dollaris and NO /100 ($ from account number in DATED this day of , 20_. K;1Twin Lakes Franchise\Assigntnent of Funds CITY OF FEDERAL WAY C, 3 .0 0 David H_ Moseley, City Manager PO Box 9718 Federal Way, WA 98063 -9718 • i COPY EXHIBIT C Applicant: Twin Lakes Golf & Country Club Account-Amount: $ 20,000.00 Project: Franchise Agreement Property Address: 3583 SW 320th Street Cash Deposit Amount: $ 0.00 Federal Way, WA 98023 CITY OF FEDERAL WAY ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS ASSIGNMENT ( "Assignment ") is dated effective this 7 day of . TV r .1 ___, 2006. The parties ( "Parties ") to this Assignment are the City of Federal Way, a Washington municipal corporation ( "City ") and the undersigned owner or applicant ( "Assignor "). A. The Assignor is required to perform certain work and/or construct certain improvements including to operate, maintain and repair an irrigation system at the above- referenced property address located in Federal Way, Washington ( "Property ") in connection with Assignor's application for a Franchise; B. The improvements will be constructed or the work will be performed in accordance with the Franchise Agreement on file with the City of Federal Way ( "Franchise "); C. The City has determined that Assignor must post security with the City pursuant to the Franchise and Sections 22 -146 through 22 -159 of the Federal Way City Code ( "FWCC ") as now existing or hereafter adopted or amended, to guarantee Assignor's performance under the Franchise, of required maintenance or repair, and Assignor's performance of construction of certain work or improvements, as a condition of granting the Franchise. NOW, THEREFORE; the Parties agree as follows: Amount of Account. a. Pursuant to the Franchise and Section 22 -149 of the FWCC, Assignor shall post security in an amount equal to twenty thousand dollars ($20,000) for the term of the franchise and any additional period identified in the franchise or herein. b. In the event additional construction, improvements, or work is performed under the Franchise, the City may seek additional security. In the event the City requires additional security, that portion of this Assignment which is in lieu of a performance bond, shall be equal to one hundred and twenty percent (120 %) of the cost of the work or improvements and that portion of this Assignment which is in lieu of a maintenance bond, shall be equal to thirty percent (30 %) of the cost of the work or improvements. 2. Assignment. Assignor does hereby assign, transfer and set over unto the City all right, title and interest in and to the sum of Twenty Thousand Dollars and NO 1100 ($20,000.00) on deposit at the Ae pa-lta t w4y branch of C o L ►..ABJ^ sT.rrr 8 "/t ( "Bank "), under account No. 700030330 0 ( "Account "); said Account being in the name of the City, as principal with full power and authority to demand, collect and receive the Account and to give receipt and acquittance for the Account. 101 • 0 3. Improvements. Assignor shall perform all work, improvements and maintenance required pursuant to the Franchise, to the City's satisfaction. The maintenance obligation shall continue for two (2) years from the termination or expiration date of the Franchise, or such longer period as required by the FWCC or other applicable law, rule or regulation. 4. Release. Assignor agrees that the Account will be released to the City, on demand, with no other conditions of release. This Assignment may be terminated with the City's written consent, which consent shall not be granted until the City has determined that (i) all the improvements have been constructed and installed, all work and maintenance performed, and all obligations of the Franchise performed to its satisfaction, in full compliance with the Franchise, plans and all applicable local, state or federal law, and within the time period prescribed by the City, and (ii) Assignor has performed all its obligations under this Assignment. The City may release this Assignment as follows: (a) Partial Release. Upon completion ofthe improvements in compliance with the foregoing provisions, the City will release all but thirty percent (30 %) of the cost of the work or improvements covered by this Assignment, which amount is equal to Fourteen Thousand Dollars and No /100 ($14,000.00), by executing and delivering the Partial Release of Assignment attached hereto as Exhibit 1 to Assignor. (b) Full Release. Two (2) years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions, the City will release the remaining portion of the Account, in the amount of Six Thousand Dollars and No /100 ($6,000.00), by executing and delivering the Full Release of Assignment attached hereto as Exhibit 2 to Assignor. 5. Right to Complete Work. The City may; but in no event is it obligated to, perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Franchise. Upon demand, Assignor agrees to pay the City an amount equal to all of the City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election. 6. Notice. The Public Works Department of the City shall be given forty -eight (48) hours notice prior to the commencement of any work. 7. Indemnification. Assignor agrees to indemnify 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 attorney fees) arising from, resulting, or connected with this Assignment, including without limitation, the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein. 8. Remedies Cumulative. No remedy provided for by this Assignment shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Assignor agrees that its liability under this Assignment is not limited to the amount of the Account. 9. General Provisions. This Assignment may not be amended except by written agreement signed by the Parties. Any provision of this Assignment which is declared invalid shall not invalidate the remaining provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Assignment may not be assigned by either Party without the other Party's written consent. This Assignment shall be binding upon and inure to the benefit of the Parties' successors in interest. In the event of 102 any dispute between the Parties regarding this Assignment, each Party shall pay its own attorney fees and costs. Each person executing this Assignment represents that he or she is authorized to execute this Assignment on behalf of their respective entity. Time is of the essence. TWIN LAKES GOLF & COUNTRY CLUB By: (Signature) Or- (Printed Name) Its:5re' (Title) 326 6 9 3G �' fFur S� ��G�coPL &.Y,4 t/ tj,4 9 80 2�3 (Address) 253-938-79" (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally a peared before me • T , C a , to me known to be the r p s c/',r„ of'� d the corporation that executed the foregoing Assignment ofFunds m' Lieu ofBond; and ackno ledged 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 he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. f+ +11 i 11��r``1 -� APPROVED AS TO FORM CITY OF FEDERAL WAY City Attorney, Patricia A. Richardson r seal this day of , 204 . (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires ..21- 2-- 2 103 0 • BANK ACCEPTANCE The undersigned financial institution ( "Bank ") hereby accepts that certain Assignment of Funds in Lieu of Bond provided to the City of Federal Way ( "City") by Tw .-,u t,** &-y eaiF 4 Ca uNrR Y u g ( "Assignor ") dated Tuw� 77 .2ve h providing for Assignor's assignment to the City of all right, title and interest in and to the sum of Twenty Thousand Dollars and NO /100 ($20,000.00) on deposit at the i. 0g Y branch, under account no. 760030-R3 0 0 ( "Account "), payment of which shall be made upon demand by the City with no other conditions of release of the Account. The Bank agrees to hold the Account, without deduction or withdrawal, until it receives a written release of this Assignment from the City. The Bank acknowledges that it has no duty to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not interplead or in any manner delay payment of the Account to the City, upon its demand. The Bank hereby agrees to bind itself, and its heirs, executors, administrators and assigns, jointly and severally. C o L %x,-A R -VZO r R' (BANK TITLE) r ' By: (Signature) (Printed Name) Its: V P 4 (Title) (Address) 3s3-- (Phone) STATE OF WASHINGTON ) ) ss. [BANK NOTARY] COUNTY OF KING ) On this day personally appeared before me f a rr; S _ , to me known to be the f T l` a , the corporation that executed the within and foregoing innt, 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 thatWshe was 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 hereto affixed day of , 20 G (notary sign � �J�' Q i •CiG I^Q`I (typed or printed name of notary) " S.•i Notary Public in and for the State of Washington. pow, My commission expires 104 • • EXHIBIT 1 PARTIAL RELEASE OF ASSIGNMENT The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of Bond ( "Assignment ") provided to the City of Federal Way ( ".City") by ( "Assignor ") dated for the Twin Lakes Golf & Country Club Franchise Agreement have been satisfied and hereby authorizes the release of an amount equal to Fourteen Thousand Dollars and N01100 ($14,000.00) from account number ( "Account ") in Bank. The remaining funds equaling thirty percent (30 %) of the cost of the work or improvements shall be held by the Bank in the Account pursuant to the terms of the Assignment for a period of two (2) years as security for Assignor's performance of all maintenance for the project described therein and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of , 20__. CITY OF FEDERAL WAY By: (Signature) (Printed Name) (Title) 105 EXHIBIT 2 • FULL RELEASE OF ASSIGNMENT /LICENSE Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond ( "Assignment ") provided to the City of Federal Way ( "City ") by �. ( "Assignor "), dated for the Twin Lakes Golf & Country Club Franchise Agreement, the City hereby acknowledges that the two (2) year maintenance period has expired, that the obligations of the Franchise have been met, and work or improvements covered by the Assignment have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Six Thousand Dollars and N01100 ($6,000.00) from account number in Bank. DATED this day of , 20.l. Lo CITY OF FEDERAL WAY (Signature) (Printed Name) (Title) K:\ken miller\twin lakes golf & country club\franchise agreement.doc K: \Twin Lakes Franchise\Assignment of Funds 106